Indiana Senate Bill 379 (Prior Session Legislation)

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Spectrum: Partisan Bill (Republican 1-0)
Status: Introduced on January 14 2021 - 25% progression, died in committee
Action: 2021-01-14 - First reading: referred to Committee on Rules and Legislative Procedure
Pending: Senate Rules and Legislative Procedure Committee
Text: Latest bill text (Introduced) [PDF]

Separation of powers restoration. Prohibits the adoption of certain executive orders, emergency rules, and administrative orders that suspend, toll, modify, amend, or prohibit enforcement of a statute enacted by the general assembly unless the general assembly specifically authorizes the suspension, tolling, modification, amendment, or prohibited enforcement of that statute. States a similar rule for the judicial branch. Provides that a state officer or a state agency may not do either of the following without the explicit approval of the general assembly: (1) Use the money of a private entity to create or expand a program of the state officer or state agency. (2) Use the money of a private entity to fund or supplement the funding of any employee position within state government. Provides that a statement of a state agency that is not adopted under the rulemaking statute (IC 4-22-2), does not have the effect of law and is not legally binding on any person. Provides that it is a defense to an enforcement action or any other action of an agency against a person that the person relied on a nonrule statement about any matter that is the subject of the enforcement or other action. Provides if the resolution of an action, suit, or proceeding against a unit or school corporation in a court requires the unit or school corporation to take certain actions that involve the public interest, the court hearing the matter must provide the attorney general an opportunity to intervene. Provides that the attorney general may present evidence that relates to the state's interest in the outcome of the action, and arguments on the state's interest in the outcome of the action.

Separation of powers restoration.

Sen. Eric Koch [R]

Date	Chamber	Action
2021-01-14	Senate	First reading: referred to Committee on Rules and Legislative Procedure
2021-01-14	Senate	Authored by Senator Koch

Type	Source
Summary	https://iga.in.gov/legislative/2021/bills/senate/379/details
Text	http://iga.in.gov/static-documents/9/3/c/7/93c720c5/SB0379.01.INTR.pdf
Supplement	http://iga.in.gov/static-documents/d/0/c/f/d0cf88d2/SB0379.01.INTR.FN001.pdf