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.