Senator R. Michael Young, Chairperson

Administrative Rules Oversight Committee

c/o Legislative Services Agency

200 West Washington Street, Suite 301

Indianapolis, IN 46204-2789

Attn: Allen Morford

RE: LSA Document #08-944 – Rule regarding standards of eligibility to receive state funds 590 IAC 1.

Dear Senator R. Michael Young:

On behalf of the Indiana State Library, I am submitting this notice to the Administrative Rules Oversight Committee in compliance with IC 4-22-2-25, because the State Library has determined that the promulgation of the captioned rule may not be completed within one year after publication of the Notice of Intent to Adopt a Rule.

The State Library published its Notice of Intent to Adopt a Rule for the captioned document on December 24, 2008. The State Library underestimated the time it would take to prepare the Proposed Rule but has had a number of meetings to work on the substance of the rule. The Indiana Library and Historical Board (ILHB) has yet to approve the Proposed Rule. This approval is necessary before preparing the Indiana Economic Impact Statement and before providing the Proposed Rule to the Office of Management and Budget (OMB) for approval.

In addition to needing OMB approval, the State Library also needs to have the public hearing, publish the Proposed Rule in the Indiana Register, and go through the review and approval process with the Office of the Indiana Attorney General (OAG) and Indiana Governor. The review and approval process of OMB, the OAG, and the Governor are outside of the State Library's control. Additionally, the State Library cannot predict how quickly the INLHB will review and approve the proposed and final rule. Thus, promulgation of this rule may not be completed by December 24, 2009, as required under IC 4-22-2-25(a). The State Library expects that the rule can be approved by the Governor by December 24, 2010.

This notice setting forth the expected date of approval of LSA Document #08-944 as December 24, 2010, is being submitted in a timely manner. August 30, 2009, is the two hundred and fiftieth day after publication of the Notice of Intent to Adopt a Rule.

Sincerely,

Sylvia Watson

Counsel to the Indiana State Library

cc: Stephen Barnes, Managing Editor, Legislative Services Agency

Roberta Brooker, Director, Indiana State Library