Bill Text: IN SB0036 | 2013 | Regular Session | Amended

---

Bill Title: Deputy attorney generals in Washington D.C.

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Engrossed - Dead) 2013-03-12 - First reading: referred to Committee on Ways and Means [SB0036 Detail]

Download: Indiana-2013-SB0036-Amended.html

---

---

February 8, 2013

---

---

SENATE BILL No. 36

_____

DIGEST OF SB 36 (Updated February 6, 2013 11:18 am - DI 106)

Citations Affected: IC 4-6.

Synopsis: Deputy attorney generals in Washington D.C. Permits the Indiana attorney general to employ deputies or assistants to review and monitor federal regulations and other actions that may affect Indiana's legal interests, and to review legislation and take other actions to protect the legal interests of the state pursuant to the attorney general's statutory duties. Specifies that the deputies or assistants serve at the pleasure of the attorney general. Provides that the attorney general shall coordinate its study of legislation with other states, and report to the legislative council, the governors, and certain persons concerning the attorney general's opinion with respect to this legislation. Repeals an obsolete provision.

Effective: July 1, 2013.

---

---

Banks, Kruse, Yoder

---

---

    January 7, 2013, read first time and referred to Committee on Judiciary.
    February 7, 2013, amended, reported favorably _ Do Pass.

---

---

---

February 8, 2013

First Regular Session 118th General Assembly (2013)

PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2012 Regular Session of the General Assembly.

SENATE BILL No. 36

---

    A BILL FOR AN ACT to amend the Indiana Code concerning state and local administration.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 4-6-7-1; (13)SB0036.1.1. -->     SECTION 1. IC 4-6-7-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. (a) The attorney general is hereby authorized to employ one (1) or more deputies or assistants residing in the city of Washington, District of Columbia, to assist him in the presentation and prosecution of claims of the state against the United States, pertaining to swamplands, or swampland indemnity, as he may think necessary. to do the following:
        (1) Review and monitor regulations, administrative actions, and other activities of the federal government that may affect the legal interests of Indiana.
        (2) Review legislation under IC 4-6-8.
        (3) Under IC 4-6, take any necessary and appropriate action to protect the state's legal interests in relation to an activity described in subdivision (1).

SOURCE: IC 4-6-7-2; (13)SB0036.1.2. -->     SECTION 2. IC 4-6-7-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2. The attorney-general shall have power to limit the duration of such employment, and, if not otherwise

expressed in the contract of employment, the same shall cease with the term of the attorney-general making such employment. A deputy or assistant described in section 1 of this chapter serves at the pleasure of the attorney general.

SOURCE: IC 4-6-7-3; (13)SB0036.1.3. -->     SECTION 3. IC 4-6-7-3 IS REPEALED [EFFECTIVE JULY 1, 2013]. Sec. 3. As compensation and for all their costs and expenses, such assistant or assistants shall receive a sum equal to not more than twenty-five per cent (25%) of the money recovered and turned over to the state, to be fixed in the contract of employment. The state shall not be liable to such assistant or assistants for any other sum, either for compensation or costs: Provided, That in case money so recovered is paid into the state treasury without such per cent having been first deducted, the auditor of state shall issue his warrant, upon a voucher approved by the attorney-general, for a sum equal to not more than twenty-five per cent (25%) of the money so recovered and paid in; and there is hereby appropriated out of the funds of the treasury not otherwise appropriated such sums as may be necessary for such purpose.

SOURCE: IC 4-6-8-1; (13)SB0036.1.4. -->     SECTION 4. IC 4-6-8-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. (a) In order to maintain full co-operation in the war effort in all fields of proper state activity and to secure concerted action effectively and appropriately maintain coordination and cooperation among the states to preserve, modify, or enhance, where appropriate, the operations of state functions of government, it shall be the duty of the attorney general to shall:
        (1) study existing and proposed federal legislation under section 2 of this chapter; and to
         (2) cooperate coordinate with the attorneys general of other cooperating states in such studies to determine the effect of such this legislation upon the normal field of state functions, programs, budgets, and powers; and to
         (3) report the results of these studies to this state's the governor, to the legislative council, and to senators and representatives in congress the results of such studies in all instances where, in the opinion of the attorney general, he deems such action the proposed legislation:
            (A) is appropriate; or where, in his opinion, any legislation affects, or would affect, if enacted into law, the normal field of
             (B) may negatively affect state functions, programs, budgets, and or powers.
     (b) The report to the legislative council under subsection (a)(3) must be in an electronic format under IC 5-14-6.

---