Indiana Senate Bill 311 (Prior Session Legislation)

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Spectrum: Moderate Partisan Bill (Republican 7-1)
Status: Enrolled on February 27 2012 - 75% progression, died in chamber
Action: 2012-03-19 - Signed by the Governor
Text: Latest bill text (Enrolled) [HTML]

With certain exceptions, requires the office of management and budget (OMB) to prepare for each administrative rule that: (1) has been adopted; and (2) has taken effect; after December 31, 2011, a cost benefit analysis with respect to the first three years following the rule's effective date. Provides that if the OMB finds that a proposed rule is: (1) an adoption or incorporation by reference of a federal law, regulation, or rule that has no substantive effect on the scope or intended application of the federal law or rule; or (2) a technical amendment with no substantive effect on an existing Indiana rule; the OMB may not prepare a cost benefit analysis of the proposed rule or with respect to the first three years following the rule's effective date. Requires the OMB to submit its findings that the OMB may not prepare a cost benefit analysis on the rule to the administrative rules oversight committee (committee) and the governor. Requires the OMB to submit a cost benefit analysis to: (1) the governor; and (2) the committee; not later than six months after the third anniversary of the rule's effective date. Provides that a cost benefit analysis prepared before or after a rule's adoption and effective date must include certain information, including information concerning: (1) the rule's primary and direct benefits; (2) the rule's secondary and indirect benefits; and (3) any cost savings to regulated persons as a result of the rule. Provides that a cost benefit analysis may contain additional information that the governor or the committee requests in writing. Provides that the governor or the committee may prescribe: (1) the form of a cost benefit analysis; and (2) the process, deadlines, and other requirements for submitting a cost benefit analysis. Provides that in preparing a cost benefit analysis: (1) before a rule's adoption under the existing statute that requires a cost benefit analysis for proposed rules; or (2) after a rule's adoption and effective date under the act; the OMB shall consider any verified data provided voluntarily by interested parties, regulated persons, and nonprofit corporations whose members may be affected by the rule. Provides that if the OMB or an agency is unable to obtain verified data for a cost benefit analysis, the OMB shall state in the analysis which data were unavailable. Provides that a cost benefit analysis prepared before or after a rule's adoption is a public document, subject to the following: (1) The OMB or an agency may not require an interested party or a regulated person to provide information in connection with an analysis. (2) If an interested party or a regulated person voluntarily provides information, the OMB or an agency responsible for proposing or administering the rule shall ensure adequate protection of any confidential or proprietary information provided. (3) At least 30 days before presenting the cost benefit analysis to the governor and the committee, the OMB shall make the cost benefit analysis available to interested parties, regulated persons, and nonprofit corporations whose members may be affected by the rule. Provides that if an agency has adopted rules regarding the confidentiality of information, interested parties and regulated persons must submit the information in accordance with the confidentiality rules adopted by the agency to ensure proper processing of confidentiality claims. Requires the OMB to submit its findings and cost benefit analyses to the committee by electronic means.

Cost benefit analysis for administrative rules.

Sen. James Buck [R]	Sen. Michael Delph [R]	Sen. Beverly Gard [R]	Sen. Brandt Hershman [R]
Sen. Jean Leising [R]	Sen. Lonnie Randolph [D]	Sen. Scott Schneider [R]	Sen. James Tomes [R]

2012-03-09 - Senate - Senate - Senate concurred in House amendments (Y: 43 N: 5 NV: 2 Abs: 0) [PASS]
2012-02-27 - House - House - Third reading: passed (Y: 96 N: 0 NV: 1 Abs: 3) [PASS]
2012-02-01 - Senate - Senate - Third reading: passed (Y: 50 N: 0 NV: 0 Abs: 0) [PASS]

Date	Chamber	Action
2012-03-19		Signed by the Governor
2012-03-14		Signed by the President of the Senate
2012-03-13		Signed by the Speaker
2012-03-13		Signed by the President Pro Tempore
2012-03-09		Senators Delph and Leising added as coauthors
2012-03-09		Senate concurred in House amendments; Roll Call 335: yeas 43, nays 5
2012-03-08		Motion to concur in House amendments filed
2012-02-27		Returned to the Senate with amendments
2012-02-27		Third reading: passed; Roll Call 246: yeas 96, nays 0
2012-02-23		Amendment 1 (Sullivan), prevailed; voice vote
2012-02-23		Second reading: amended, ordered engrossed
2012-02-21		Committee report: amend do pass, adopted
2012-02-09		First reading: referred to Committee on Government and Regulatory Reform
2012-02-01		Cosponsor: Rep. VanNatter
2012-02-01		House sponsor: Rep. Truitt
2012-02-01		Referred to the House
2012-02-01		Third reading: passed; Roll Call 171: yeas 50, nays 0
2012-01-31		Amendment 6 (Hershman), prevailed; voice vote
2012-01-31		Reread second time: amended, ordered engrossed
2012-01-30		Placed back on second reading
2012-01-30		Amendment 4 (Hershman), prevailed; voice vote
2012-01-30		Amendment 2 (Hershman), prevailed; voice vote
2012-01-30		Second reading: amended, ordered engrossed
2012-01-20		Senator Tomes added as coauthor
2012-01-19		Senator Randolph added as coauthor
2012-01-19		Senator Gard added as second author
2012-01-17		Senators Schneider and Buck added as coauthors
2012-01-17		Committee report: amend do pass, adopted
2012-01-05		First reading: referred to Committee on Energy and Environmental Affairs
2012-01-05		Authored by Senator Hershman

Type	Source
Summary	http://www.in.gov/apps/lsa/session/billwatch/billinfo?year=2012&session=1&request=getBill&doctype=SB&docno=0311
Text	http://www.in.gov/legislative/bills/2012/IN/IN0311.1.html
Text	http://www.in.gov/legislative/bills/2012/SB/SB0311.1.html
Text	http://www.in.gov/legislative/bills/2012/SB/SB0311.2.html
Text	http://www.in.gov/legislative/bills/2012/SB/SB0311.3.html
Text	http://www.in.gov/legislative/bills/2012/ES/ES0311.1.html
Text	http://www.in.gov/legislative/bills/2012/ES/ES0311.2.html
Text	http://www.in.gov/legislative/bills/2012/SE/SE0311.1.html
Roll Call	http://www.in.gov/legislative/bills/2012/PDF/Srollcal/0171.PDF.pdf
Roll Call	http://www.in.gov/legislative/bills/2012/PDF/Hrollcal/0246.PDF.pdf
Roll Call	http://www.in.gov/legislative/bills/2012/PDF/Srollcal/0335.PDF.pdf