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Monday, April 25, 2011
Ind. Gov't. - Even more on: Concerns re SB 159
SB 159, about which the ILB posted three entries in mid-April, arrived at the Governor's office today without further amendment.
What is the objection? In my opinion, if the State has written federal language into the Indiana laws or rules, it does not make a difference if the feds repeal or amend their version, the State is stuck with what it has enacted until the State acts. And the same holds if the State incorporates a federal provision by reference. The State may not delegate that lawmaking authority to the federal government.
SB 159 provides otherwise. See p. 3. For example:
If:
(1) a proposed rule is adopted by a board under subsection
(e)(1) based on a determination by the commissioner under
subsection (a)(1)(A) and the federal law, rule, or regulation on
which the adopted rule is based is later repealed or otherwise
nullified by legislative or administrative action, then that part
of the adopted rule that corresponds to the repealed or
nullified federal law, rule, or regulation is void as of the
effective date of the legislative or administrative action
repealing or otherwise nullifying the federal law, rule, or
regulation.
Posted by Marcia Oddi on April 25, 2011 07:50 PM
Posted to Indiana Government