Bill Text: IN HB1233 | 2012 | Regular Session | Introduced
Bill Title: Evaluation of appointments of major agency heads.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-09 - First reading: referred to Committee on Rules and Legislative Procedures [HB1233 Detail]
Download: Indiana-2012-HB1233-Introduced.html
Citations Affected: IC 2-4-4; IC 8-1; IC 8-23-2-2; IC 12-8-1.1;
IC 13-13-2-1; IC 22-1-1-2.
Synopsis: Evaluation of appointments of major agency heads.
Establishes the joint committee on appointment of major agency heads
(committee) consisting of eight members of the general assembly.
Defines "major agency appointment" as the governor's appointment of:
(1) a member of the Indiana utility regulatory commission; (2) the
commissioner of the Indiana department of transportation; (3) the
secretary of family and social services; (4) the commissioner of the
Indiana department of environmental management; or (5) the
commissioner of labor. Requires the committee to meet whenever its
chair is notified by the governor of the governor's intent to make a
major agency appointment, in order to receive information and discuss
the fitness and competence of the individual the governor intends to
appoint. Requires the committee to report to the governor and the
legislative council its findings regarding the appointee's fitness and
competence. Provides that an individual appointed by the governor to
a major agency appointment does not take office until 45 days after the
governor notifies the chair of the committee of the appointment.
Repeals the statute that establishes the utility regulatory commission
nominating committee.
Effective: Upon passage.
January 9, 2012, read first time and referred to Committee on Rules and Legislative
Procedures.
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A BILL FOR AN ACT to amend the Indiana Code concerning state
offices and administration.
Chapter 4. Legislative Evaluation of Major Agency Appointments
Sec. 1. As used in this chapter, "committee" refers to the joint committee on appointment of major agency heads established by section 7 of this chapter.
Sec. 2. As used in this chapter, "house" refers to the house of representatives of the general assembly.
Sec. 3. As used in this chapter, "major agency appointment" refers to the governor's appointment of any of the following:
(1) A member of the Indiana utility regulatory commission.
(2) The commissioner of the Indiana department of transportation.
(3) The secretary of family and social services.
(4) The commissioner of the Indiana department of
environmental management.
(5) The commissioner of labor.
Sec. 4. As used in this chapter, "president pro tempore" refers
to the president pro tempore of the senate.
Sec. 5. As used in this chapter, "senate" refers to the senate of
the general assembly.
Sec. 6. As used in this chapter, "speaker" refers to the speaker
of the house of representatives.
Sec. 7. The joint committee on appointment of major agency
heads is established.
Sec. 8. (a) The committee consists of the following members:
(1) Four (4) members of the house appointed by the speaker
after consultation with the minority leader of the house. Not
more than two (2) members appointed under this section may
be members of the same political party.
(2) Four (4) members of the senate appointed by the president
pro tempore after consultation with the minority leader of the
senate. Not more than two (2) members appointed under this
section may be members of the same political party.
(b) A member appointed under subsection (a)(1) serves at the
pleasure of the speaker.
(c) A member appointed under subsection (a)(2) serves at the
pleasure of the president pro tempore.
Sec. 9. A vacancy on the committee shall be filled by:
(1) the speaker, after consultation with the minority leader of
the house, if the vacancy occurs in the house membership of
the committee; and
(2) the president pro tempore, after consultation with the
minority leader of the senate, if the vacancy occurs in the
senate membership of the committee.
Sec. 10. The chairman of the legislative council shall designate
one (1) of the members appointed under section 8 of this chapter
as the committee's chair.
Sec. 11. The legislative services agency shall provide staff
support to the committee.
Sec. 12. Each committee member is entitled to receive the same
per diem, mileage, and travel allowances paid to individuals who
serve as legislative members of interim study committees
established by the legislative council.
Sec. 13. The affirmative votes of at least five (5) committee
members are required for the committee to take action, other than
to receive information at a hearing.
Sec. 14. The committee shall operate under rules adopted by the house and the senate.
Sec. 15. All funds necessary for the committee to carry out its functions shall be paid from appropriations to the legislative council and the legislative services agency.
Sec. 16. The committee shall submit all reports to the legislative council as directed by the legislative council in an electronic format under IC 5-14-6.
Sec. 17. All the committee's reports are public records.
Sec. 18. (a) This section applies even if the general assembly is not in session.
(b) Not later than ten (10) business days after receiving the governor's notice of intent to make a major agency appointment, the committee's chair shall convene the committee to:
(1) receive information about; and
(2) discuss;
the fitness and competence of the individual the governor intends to appoint. The committee shall otherwise meet at the call of the chair.
(c) The committee shall make a report on:
(1) the information the committee received; and
(2) the committee's discussion;
regarding the fitness and competence of the individual the governor intends to appoint. The report may include any recommendations that the committee has regarding the appointment.
(d) The committee shall deliver a copy of its report to the governor and submit the report to the legislative council as provided in section 16 of this chapter.
(b) The governor shall appoint the members of the commission and fill all vacancies occurring
IC 2-4-4 of the appointment.
(c) The members may be removed at any time by the governor for
cause.
(d) The governor shall appoint one (1) member as chairman.
(e) The members of the commission shall be appointed for a term of
four (4) years, except when a member is appointed to fill a vacancy, in
which case such appointment shall be for such the remainder of the
unexpired term only. All members A member of said the commission
shall serve as such serves until their successors are duly the member's
successor is appointed and qualified. and while so serving A
commission member shall devote full time to the duties of the
commission and shall may not be actively engaged in any other
occupation, profession, or business that constitutes a conflict of interest
or otherwise interferes with carrying out their the member's duties as
commissioners. a commission member.
(f) A member of the commission or any person appointed to any
position or employed in any capacity to serve the commission, may not
have any official or professional relationship or connection with, or
hold any stock or securities or have any pecuniary interest in any public
utility operating in Indiana.
(g) Each A member appointed to the Indiana utility regulatory
commission shall take and subscribe to an oath in writing that he the
member will faithfully perform the duties of his office, and support
and defend to the best of his the member's ability the Constitution and
laws of the state of Indiana and of the United States of America. and
such The member's oath shall be filed with the secretary of state.
(h) The chairman of the commission shall assign cases to the
various members of the commission or to administrative law judges for
hearings.
(b) The commissioner:
(1) serves at the pleasure of the governor; and
(2) is entitled to receive compensation set by the budget agency.
(c) The individual appointed as commissioner does not take office until forty-five (45) days after the governor notifies the chair of the joint committee on appointment of major agency heads under IC 2-4-4 of the appointment.
Chapter 1.1. Notice of Appointment of Secretary of Family and Social Services
Sec. 1. The individual appointed as the secretary of family and social services does not take office until forty-five (45) days after the governor notifies the chair of the joint committee on appointment of major agency heads under IC 2-4-4 of the appointment.
(1) is the executive and chief administrative officer of the department; and
(2) may delegate authority to appropriate department staff.
(b) The commissioner:
(1) serves at the governor's pleasure; and
(2) is entitled to receive compensation in an amount set by the governor, subject to approval by the budget agency.
(c) The individual appointed as commissioner does not take office until forty-five (45) days after the governor notifies the chair of the joint committee on appointment of major agency heads under IC 2-4-4 of the appointment.
(b) The commissioner of labor
(1) supervise and direct the work of the department;
(2) have immediate charge of the administration and enforcement of all the laws and rules that the department is required by law to enforce and administer;
(3) have general charge of all inspections and investigations; and
(4) perform such other duties as may be prescribed in this chapter.
(c) The commissioner shall adopt and use an official seal for the authentication of the orders and records of the department.
(d) Before entering upon the discharge of
(1) execute a bond, payable to the state in such amount and with such sureties as shall be approved by the governor, conditioned for the faithful discharge of
(2) take and subscribe an oath, which shall be endorsed upon
(e) The commissioner is authorized and directed to classify and fix the minimum standards for the personnel of the department and to formulate salary schedules with the approval of the governor for the services so classified.
