Appointment of individuals to participate in adoption of rules
Sec. 13. (a) Before February 1, 2002, the governor shall appoint
two (2) individuals to participate in the adoption of rules by the
department of local government finance as described in subsection
(c). The term of each individual is one (1) year. The individuals serve
at the pleasure of the governor. The expenses of the individuals shall
be paid from the budget of the Indiana department of administration.
(b) The individuals:
(1) must be familiar with the duties and operations of the
department of local government finance;
(2) are not employees of the department;
(3) are entitled to the minimum salary per diem provided by
IC 4-10-11-2.1(b);
(4) are entitled to reimbursement for traveling expenses as
provided under IC 4-13-1-4 and other expenses actually
incurred in connection with the individuals' duties as provided
in the state policies and procedures established by the Indiana
department of administration and approved by the budget
agency; and
(5) may not be affiliated with the same political party.
(c) The individuals appointed under this section shall consider all
rules proposed by the department of local government finance for
adoption. During the period when the department is formulating a
rule for adoption, the department shall provide the proposed rule to
each individual appointed under this section. Each individual shall
review the proposed rule. Before the department of local government
finance takes final action to adopt a rule, the commissioner of the
department and the individuals appointed under this section shall
vote on the adoption. The department may take final action to adopt
a rule only if there are at least two (2) affirmative votes for adoption.
If the vote results in disapproval of the adoption, the department may
not propose for adoption the same rule, or substantially the same
rule, until at least one (1) year after the date of the vote. The
department must make a written record of the vote under this
subsection. The record of the vote is a public record.
(d) The department of local government finance shall:
(1) provide facilities and support to the individuals appointed
under this section for the performance of their duties under this
section; and
(2) allow each individual appointed under this section at least
two (2) weeks to review a proposed rule before a vote is taken
on the proposed rule under subsection (c).
As added by P.L.198-2001, SEC.78.
Last modified: May 28, 2006