INDIANAPOLIS (AP) — Gov. Mitch Daniels has signed an order restoring
Indiana’s largest state agency, the human services department, after it was
accidentally eliminated due to a mistake in a new state law.
The Journal-Gazette of Fort Wayne reported that Daniels signed an executive
order late Thursday to maintain the Family and Social Services
Administration, which manages Medicaid and other major programs for
Indiana’s poor, elderly and disabled.
Daniels’ spokeswoman, Jane Jankowski, said an apparent clerical drafting
error in the preparation of the law resulted in the agency being repealed as
of June 30.
Senate staffers brought the error to Daniels’ attention Thursday, and he
quickly signed an executive order continuing the agency and its duties.
Jankowski said executive orders were used to establish and run the agency in
prior decades before it was put into law.
The executive order will hold until legislators can fix the mistake or the
governor can issue an annual order.
The FSSA elimination may be the most extreme example, but it’s not the first
time this year flaws were found in legislation from the 2011 session. “We
have had some clerical errors that seem to be more than I can recall in the
past,” conceded House Speaker Brian Bosma, R-Indianapolis.
For example, a bill establishing wage rates for public construction projects
accidentally deleted the minimum threshold for a six-month period, which
could cost taxpayers more on small projects.
And numerous education initiatives had errors that had to be fixed in the
budget bill before lawmakers left town. A new law giving felons a chance to
seal their records also likely needs to be tweaked to make it more
Bosma said leadership in the House and Senate is “addressing the issue” of
the recent mistakes with the Legislative Services Agency, the nonpartisan
state agency charged with legal and fiscal review of legislation.
The FSSA mix-up was contained in Senate Bill 331, which was intended to
repeal a provision already in law that was to automatically eliminate
“sunset” language ending FSSA as of June 30.
The bill that repealed the sunset provision went into effect July 1, so
technically, FSSA was eliminated minutes before the bill intended to save it
went into effect.