Citations Affected: IC 4-13.6; IC 14-8; IC 14-13; IC 14-20; IC 14-24; IC 14-37.
Synopsis: Natural resource matters. Changes the procedures for the
Wabash River heritage commission to pay claims. Increases the cost of
projects that the department of natural resources may perform without
awarding a public works contract from $50,000 to $75,000. Makes
changes to the organization and duties of the division of state museums
and historic sites. Establishes the historic site fund and requires fees to
be deposited in the fund. Provides that at least 51% of the fees
collected from a particular historic site must be used for educational
programs at the historic site and for maintenance and operation of the
historic site. Adopts the pest control compact. Establishes procedures
to obtain funds from the pest control insurance fund. Increases
penalties for violation of certain oil and gas well laws. Makes technical
corrections. (The introduced version of this bill was prepared by the
natural resources study committee.)
Effective: April 1, 2004; July 1, 2004.
January 6, 2004, read first time and referred to Committee on Natural Resources.
January 13, 2004, amended, reported favorably _ Do Pass.
January 20, 2004, read second time, amended, ordered engrossed.
A BILL FOR AN ACT to amend the Indiana Code concerning
natural and cultural resources.
SECTION 1. IC 14-13-6-22 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 22. (a) The commission
is authorized to do the following:
(1) Hold public hearings.
(2) Request the presence and participation at a commission meeting of representatives of any governmental or private entity that has an interest in natural resources, tourism, historic preservation, archaeology, or environmental issues.
(3) Enter into contracts, within the limit of available funds, with individuals, organizations, and institutions for services that further the purposes of this chapter.
(4) Enter into contracts, within the limit of available funds, with local and regional nonprofit corporations and associations for cooperative endeavors that further the purposes of this chapter.
(5) Enter with governmental and private entities into cooperative agreements that further the purposes of this chapter.
(6) Receive appropriations of federal funds.
leased by it; and
(2) the division of engineering of the department of natural resources estimates the cost of the public works project will be less than
fifty seventy-five thousand dollars ($50,000). ($75,000).
(c) If a public works project involves a structure, improvement, or facility under the control of the department of correction, the department of correction may purchase materials for the project in the manner provided by law and use inmates in the custody of the department of correction to perform the labor and use its own employees for supervisory purposes, without awarding a contract, if:
(1) the department of correction uses equipment owned or leased by it; and
(2) the estimated cost of the public works project using employee or inmate labor is less than the greater of:
(A) fifty thousand dollars ($50,000); or
(B) the project cost limitation set by IC 4-13-2-11.1.
All public works projects covered by this subsection must comply with the remaining provisions of this article and all plans and specifications for the public works project must be approved by a licensed architect or engineer.
SECTION 3. IC 14-8-2-49.2 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 49.2. "Compact", for purposes of IC 14-24-4.5, has the meaning set forth in IC 14-24-4.5-2(8).
SECTION 4. IC 14-8-2-77, AS AMENDED BY P.L.145-2002, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE APRIL 1, 2004]: Sec. 77. "Division" has the following meaning:
(1) For purposes of IC 14-9-8, the meaning set forth in IC 14-9-8-2.
(2) For purposes of IC 14-20-1, the meaning set forth in IC 14-20-1-2.
(3) For purposes of IC 14-20-1.1 and IC 14-21-1, the meaning set forth in IC 14-21-1-6.
(4) For purposes of IC 14-22, the division of fish and wildlife.
(5) For purposes of IC 14-24, the division of entomology and plant pathology.
(6) For purposes of IC 14-25.5, the division of water.
(7) For purposes of IC 14-31-2, the meaning set forth in IC 14-31-2-4.
(8) For purposes of IC 14-37, the division of oil and gas.
SECTION 5. IC 14-8-2-86.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2004]: Sec. 86.5. "Executive committee", for purposes of
IC 14-24-4.5, has the meaning set forth in IC 14-24-4.5-2(7).
SECTION 6. IC 14-8-2-107, AS AMENDED BY P.L.186-2003, SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 107. "Fund" has the following meaning:
(1) For purposes of IC 14-9-5, the meaning set forth in IC 14-9-5-1.
(2) For purposes of IC 14-9-8-21, the meaning set forth in IC 14-9-8-21.
(3) For purposes of IC 14-9-8-21.5, the meaning set forth in IC 14-9-8-21.5.
(4) For purposes of IC 14-9-9, the meaning set forth in IC 14-9-9-3.
(5) For purposes of IC 14-12-1, the meaning set forth in IC 14-12-1-1.
(6) For purposes of IC 14-12-2, the meaning set forth in IC 14-12-2-2.
(7) For purposes of IC 14-12-3, the meaning set forth in IC 14-12-3-2.
(8) For purposes of IC 14-13-1, the meaning set forth in IC 14-13-1-2.
(9) For purposes of IC 14-13-2, the meaning set forth in IC 14-13-2-3.
(10) For purposes of IC 14-16-1, the meaning set forth in IC 14-16-1-30.
(11) For purposes of IC 14-19-8, the meaning set forth in IC 14-19-8-1.
(12) For purposes of IC 14-20-1, the meaning set forth in IC 14-20-1-3.
(13) For purposes of IC 14-20-1.1, the meaning set forth in IC 14-20-1.1-1.
(14) For purposes of IC 14-20-11, the meaning set forth in IC 14-20-11-2.
(14) (15) For purposes of IC 14-22-3, the meaning set forth in
(15) (16) For purposes of IC 14-22-4, the meaning set forth in
(16) (17) For purposes of IC 14-22-5, the meaning set forth in
(17) (18) For purposes of IC 14-22-8, the meaning set forth in
(18) (19) For purposes of IC 14-22-34, the meaning set forth in
(19) (20) For purposes of IC 14-23-3, the meaning set forth in
(20) (21) For purposes of IC 14-23-8, IC 14-24-4.5, the meaning
set forth in IC 14-23-8-1. IC 14-24-4.5-2(5).
(21) (22) For purposes of IC 14-25-2-4, the meaning set forth in
(22) (23) For purposes of IC 14-25-10, the meaning set forth in
(23) (24) For purposes of IC 14-25-11-19, the meaning set forth
in IC 14-25-11-19.
(24) (25) For purposes of IC 14-25.5, the meaning set forth in
(25) (26) For purposes of IC 14-28-5, the meaning set forth in
(26) (27) For purposes of IC 14-31-2, the meaning set forth in
(27) (28) For purposes of IC 14-25-12, the meaning set forth in
(28) (29) For purposes of IC 14-33-14, the meaning set forth in
(29) (30) For purposes of IC 14-33-21, the meaning set forth in
(30) (31) For purposes of IC 14-34-6-15, the meaning set forth in
(31) (32) For purposes of IC 14-34-14, the meaning set forth in
(32) (33) For purposes of IC 14-37-10, the meaning set forth in
SECTION 7. IC 14-8-2-117 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 117. "Governing board" has the following meaning:
(1) For purposes of IC 14-24-4.5, the meaning set forth in IC 14-24-4.5-2(6).
(2) For purposes of IC 14-28-5,
has the meaning set forth in
SECTION 8. IC 14-8-2-203 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 203. "Pest or pathogen" has the following meaning:
(1) Except as provided in IC 14-24-4.5, for purposes of IC 14-24, means:
(1) (A) an arthropod;
division in each bill appropriating money to the division.
SECTION 13. IC 14-20-1-16 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE APRIL 1, 2004]: Sec. 16. (a) The board of trustees for the division of state museums and historic sites is established.
(b) The trustees consist of thirteen (13) members as follows:
(1) The director of the department, who shall serve as chairman.
(2) Twelve (12) members appointed by the governor as follows:
One (1) member Three (3) members of the Indiana State
Museum Society Foundation who are nominated by the
(B) One (1) member of the Indiana State Museum Volunteers
nominated by the volunteers.
(C) (B) Two (2) members must be recognized supporters of
historic sites who are nominated by a recognized supporter
of historic sites.
(D) (C) Not more than seven (7) members may be members of
the same political party.
(E) Not more than two (2) members may be from the same
(F) Each congressional district in Indiana must be represented
by at least one (1) member.
(c) The terms of the appointed members shall be staggered.
(d) The governor shall make appointments under subsection (b) in a manner to achieve diversity and geographic balance among the trustees.
SECTION 14. IC 14-20-1-22 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE APRIL 1, 2004]: Sec. 22. The trustees shall do the following:
(1) Nominate, when the position of division director is vacant, a
person to be appointed by the director to that position. If the
director rejects a nominee's appointment, the trustees shall
nominate another person.
(2) Recommend, when appropriate, the dismissal of a division
(3) Make recommendations concerning the salary ranges of the
administrative, professional, and technical staff of the division.
(4) (1) Review the budget needs and requests of the division and
make recommendations concerning the needs and requests to the
governor through the director.
(5) (2) Recommend that the department accept or reject, hold, or
dispose of grants of property to be administered by the division
for the purpose of preservation, research, or interpretation of
significant areas, events, or grants to citizens of Indiana for the
purpose of preserving, studying, and interpreting archeological
and natural phenomena, cultural trends, and accomplishments.
(6) (3) Review, guide, and assist in the development of statewide
(7) (4) Review, guide, and assist in the development of
professionalism of the staff and operations.
(8) (5) Review, recommend, and devise methods to enable the
division to do the following:
(1) (A) Increase the division's physical plant.
(2) (B) Expand the educational areas.
(3) (C) Meet storage needs.
(9) (6) Develop a plan of growth to meet physical, program, and
financial needs for both the immediate and long range future,
monitor the plan at regular intervals, and ensure that the
institution stays within the developed plan.
(10) (7) Recommend policies, procedures, and practices that the
commission, the director, and the secretary shall consider.
(11) (8) Give advice or make recommendations to the governor
and the general assembly when requested or on the initiative of
(12) (9) Review the conduct of the work of the division. To
implement this duty, the trustees have access at any reasonable
time to copies of all records pertaining to the work of the division.
(13) (10) Adopt bylaws consistent with this chapter for the
division's internal control and management and file a copy of the
bylaws with the director.
(14) (11) Hold meetings at the times and places in Indiana that are
prescribed by the bylaws, but at least quarterly.
(15) (12) Keep minutes of the transactions of each regular and
special meeting and file the minutes with the director. The
minutes are public records.
(16) (13) Promote the welfare of the division.
(17) (14) Make recommendations concerning the administration
of the fund established by section 24 of this chapter.
SECTION 15. IC 14-20-1.1 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE APRIL 1, 2004]:
Chapter 1.1. Historic Site Fund
Sec. 1. As used in this chapter, "fund" refers to the historic site fund established as a dedicated fund by section 2 of this chapter.
Sec. 2. (a) The historic site fund is established to provide funding for educational programs and the operation of historic sites. The fund shall be administered by the division.
(b) The expenses of administering the fund shall be paid from money in the fund.
(c) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested.
(d) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
(e) Money in the fund is annually appropriated to the division for purposes established in this section.
Sec. 3. (a) Fees collected under IC 14-10-2-1(5) and proceeds from sales and leases under IC 14-20-1-23(b) shall be deposited in the fund.
(b) At least fifty-one percent (51%) of the fees collected under IC 14-10-2-1(5) from a particular historic site must be used for:
(1) educational programs conducted at the historic site; and
(2) the maintenance and operation of the historic site.
SECTION 16. IC 14-24-4.5 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]:
Chapter 4.5. Pest Control Compact
Sec. 1. (a) The pest control compact is enacted and entered into with all other jurisdictions legally joining the compact in the form substantially as follows in this chapter.
(b) The party states find the following:
(1) In the absence of the higher degree of cooperation among the party states possible under this compact, the annual loss of approximately one hundred thirty-seven billion dollars ($137,000,000,000) from the depredations of pests is virtually certain to continue, if not to increase.
(2) Because of the varying climatic, geographic, and economic factors, each state may be affected differently by particular species of pests. However, all states share the inability to protect themselves fully against the pests that present serious dangers.
(3) The migratory character of pest infestations makes it necessary for states to complement each other's activities when faced with conditions of infestation and reinfestation.
(4) While every state is seriously affected by a substantial number of pests, and every state is susceptible to infestation
by many species of pests not causing damage to its crops,
plant life, and products, the fact that relatively few species of
pests present equal danger to, or are of interest to, all states
makes the establishment and operation of a fund from which
individual states may obtain financial support for pest control
programs of benefit to them in other states and to which they
may contribute in accordance with their relative interest, the
most equitable means of financing cooperative pest
eradication and control programs.
Sec. 2. As used in this chapter:
(1) "State" means a state, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.
(2) "Requesting state" means a state that invokes the procedures of the compact to secure the undertaking or intensification of measures to control or eradicate one (1) or more pests within one (1) or more other states.
(3) "Responding state" means a state requested to undertake or intensify the measures referred to in subdivision (2).
(4) "Pest or pathogen" means an invertebrate animal, a pathogen, a parasitic plant, or a similar or an allied organism that can cause disease or damage in any crop, tree, shrub, grass, or other plant of substantial value.
(5) "Fund" means the pest control insurance fund established by section 3 of this chapter.
(6) "Governing board" means the administrators of the compact representing all the party states when the administrators act as a body under authority vested in the administrators by the compact.
(7) "Executive committee" means the committee established under section 5(e) of this chapter.
(8) "Compact" refers to the pest control compact adopted under section 1(a) of this chapter.
Sec. 3. The pest control insurance fund is established to finance other than normal pest control operations that states may be called upon to engage in under the compact. The fund consists of money appropriated to it by the party states and any donations and grants accepted by it. All appropriations, except as conditioned by the rights and obligations of party states expressly set forth in the compact, must be unconditional and may not be restricted by the appropriating state to use in the control of a specified pest or pests. Donations and grants may be conditional or unconditional.
However, the fund may not accept any donation or grant whose
terms are inconsistent with the compact.
Sec. 4. (a) The fund shall be administered by the governing board and executive committee as provided in this chapter. The actions of the governing board and the executive committee under the compact are considered the actions of the fund.
(b) The members of the governing board are entitled to one (1) vote on the board. Action of the governing board is not binding unless taken at a meeting at which a majority of the total number of votes on the governing board is cast in favor of the proposed action. Action of the governing board may be only at a meeting at which a majority of the members is present.
(c) The fund shall have a seal that may be employed as an official symbol and that may be affixed to documents and used as the governing board provides.
(d) The governing board shall elect annually, from among its members, a chairperson, a vice chairperson, a secretary, and a treasurer. The chairperson may not serve consecutive terms. The governing board may appoint an executive director and fix the executive director's duties and compensation, if any. The executive director shall serve at the pleasure of the governing board. The governing board shall provide for the bonding of the officers and employees of the fund as is appropriate.
(e) Notwithstanding the civil service, personnel, or other merit system laws of any of the party states, the executive director, or if there is not an executive director, the chairperson, in accordance with the procedures the bylaws provide, shall appoint, remove, or discharge any personnel as is necessary to perform the functions of the fund and shall fix the duties and compensation of any personnel. The governing board in its bylaws shall provide for the personnel policies and programs of the fund.
(f) The fund may borrow, accept, or contract for the services of personnel from any state, the United States, or any other governmental agency or from any person, firm, association, or corporation.
(g) The fund may accept for its purposes or functions under this compact donations, grants, equipment, supplies, materials, and services, conditional or otherwise, from any state, the United States, or any other governmental agency, or from any person, firm, association, or corporation and may receive, use, and dispose of the same. A donation, gift, or grant accepted by the governing board under this subsection or services borrowed under subsection
(f) shall be reported in the annual report of the fund. The annual
report must include the nature, amount, and conditions, if any, of
the donation, gift, or grant or services borrowed and the identity
of the donor or lender.
(h) The governing board shall adopt bylaws for the conduct of the business of the fund and may amend and rescind these bylaws. The fund shall publish its bylaws in convenient form and shall file a copy of the bylaws and a copy of any amendment to the bylaws with the appropriate agency or officer in each of the party states.
(i) The fund annually shall make to the governor and legislature of each party state a report covering the fund's activities for the preceding year. The fund may make additional reports it considers desirable.
(j) The fund may do other things as are necessary and incidental to the conduct of its affairs under the compact.
Sec. 5. (a) Each party state must have a compact administrator who shall be selected and serve in a manner as the laws of the party state may provide and who shall:
(1) assist in the coordination of activities under the compact in the compact administrator's state; and
(2) represent the compact administrator's state on the governing board of the fund.
(b) If the laws of the United States specifically provide, or if an administrative provision is made within the federal government, the United States may be represented on the governing board by not more than three (3) representatives. A representative of the United States shall be appointed and serve in a manner as provided by federal law, but the representative may vote on the governing board or the executive committee.
(c) The governing board shall meet at least once each year to determine policies and procedures in the administration of the fund and, consistent with the compact, supervise and give direction to the expenditure of money from the fund. Additional meetings of the governing board shall be held on call of the chairperson, the executive committee, or a majority of the governing board.
(d) When the governing board meets, it shall act upon applications for assistance from the fund and authorize disbursements from the fund. When the governing board is not meeting, the executive committee shall act as agent of the governing board, with full authority to act for the governing board in acting upon the applications for assistance.
(e) The executive committee consists of the chairperson of the
governing board and four (4) additional members of the governing
board chosen by the governing board so that one (1) member
represents each of four (4) geographic groupings of party states.
The governing board shall make the geographic groupings. If there
is representation of the United States on the governing board, one
(1) United States representative may meet with the executive
committee. The chairperson of the governing board shall be
chairperson of the executive committee. No action of the executive
committee is binding unless taken at a meeting at which at least
four (4) members of the committee are present and vote in favor of
the action. Necessary expenses of each of the five (5) members of
the executive committee incurred in attending meetings of the
committee, when not held at the same time and place as a meeting
of the governing board, are charges against the fund.
Sec. 6. (a) Each party state pledges to each other party state that it will employ its best efforts to eradicate, or control within the strictest practicable limits, all pests or pathogens. The performance of this responsibility involves the following:
(1) The maintenance of pest control and eradication activities of interstate significance by a party state at a level that would be reasonable for the party state's own protection in the absence of the compact.
(2) The meeting of emergency outbreaks or infestations of interstate significance to not less an extent than would have been done in the absence of the compact.
(b) Whenever a party state is threatened by a pest or pathogen not present within its borders but present within another party state, or whenever a party state is undertaking or engaged in activities for the control or eradication of a pest or pathogen, and finds that control or eradication activities are or would be impracticable or substantially more difficult to accomplish because of failure of another party state to cope with infestation or threatened infestation, that state may request the governing board to authorize expenditures from the fund for eradication or control measures to be taken by one (1) or more of the other party states at a level sufficient to prevent, or to reduce to the greatest practicable extent, infestation or reinfestation of the requesting state. Upon the governing board's authorization, the responding state or states shall take or increase any eradication or control measures warranted. A responding state shall use money available from the fund expeditiously and efficiently to assist in providing the protection requested.
executive committee shall authorize support of the program. The
governing board or executive committee may meet at any time or
place to receive and consider an application. All determinations of
the governing board or executive committee, with respect to an
application, together with the reasons for the determination shall
be recorded and subscribed in a manner that shows and preserves
the votes of the individual members of the board or committee.
(f) A requesting state that is dissatisfied with a determination of the executive committee, upon notice in writing given within twenty (20) days of the determination with which it is dissatisfied, is entitled to receive a review of the determination at the next meeting of the governing board. Determinations of the executive committee are reviewable only by the governing board at one (1) of its regular meetings or at a special meeting held in a manner the governing board authorizes.
(g) Responding states required to undertake or increase measures under the compact may receive money from the fund, either at the time or times when the state incurs expenditures because of the measures, or as reimbursement for expenses incurred and chargeable to the fund. The governing board shall adopt and may amend or revise procedures for submission and payment of claims from the fund.
(h) Before authorizing the expenditure of money from the fund under an application of a requesting state, the fund shall ascertain the extent and nature of any timely assistance or participation that is available from the federal government and shall request the appropriate agency or agencies of the federal government for any available assistance and participation.
(i) The fund may negotiate and execute a memorandum of understanding or other appropriate instrument defining the extent and degree of assistance or participation between and among the fund, cooperating federal agencies, states, and any other entities concerned.
Sec. 7. The governing board may establish advisory and technical committees composed of state, local, and federal officials and private persons to advise the governing board concerning any of its functions. An advisory or technical committee or a member or members of the committee may meet with and participate in the governing board's deliberations upon request of the governing board or executive committee. An advisory or a technical committee may furnish information and recommendations concerning any application for assistance from the fund being
considered by the governing board or committee and the governing
board or committee may receive and consider the same. However,
a participant in a meeting of the governing board or executive
committee held under section 6(d) of this chapter is entitled to
know the substance of the advisory or technical committee's
information and recommendations, at the time of the meeting if
made before the meeting or as a part of the meeting or, if made
after the meeting, not later than the time at which the governing
board or executive committee makes its disposition of the
Sec. 8. (a) A party state may make an application for assistance from the fund concerning a pest in a nonparty state. The application shall be considered and disposed of by the governing board or executive committee in the same manner as an application with respect to a pest within a party state, except as provided in this section.
(b) At or in connection with any meeting of the governing board or executive committee held under section 6(d) of this chapter, a nonparty state is entitled to appear, participate, and receive information only to the extent as the governing board or executive committee may provide. A nonparty state is not entitled to review of a determination made by the executive committee.
(c) The governing board or executive committee shall authorize expenditures from the fund to be made in a nonparty state only after determining that the conditions in the nonparty state and the value of the expenditures to the party states as a whole justify the expenditures. The governing board or executive committee may set any conditions it considers appropriate concerning the expenditure of money from the fund in a nonparty state and may enter into an agreement or agreements with nonparty states and other jurisdictions or entities as it considers necessary or appropriate to protect the interests of the fund with respect to expenditures and activities outside party states.
Sec. 9. (a) The fund shall submit to the executive head or designated officer or officers of each party state a budget for the fund for a period as may be required by the laws of that party state for a presentation to the party state's legislature.
(b) Each of the budgets must contain specific recommendations of the amount or amounts to be appropriated by each of the party states. The request for appropriations shall be apportioned among the party states as follows:
(1) One-tenth (0.1) of the total budget in equal shares.
in and become part of the annual report of the fund.
(f) The accounts of the fund must be open at any reasonable time for inspection by authorized officers of the party states and by any persons authorized by the fund.
Sec. 10. (a) The compact becomes effective when enacted into law by any five (5) or more states. After the compact becomes effective, the compact becomes effective as to any other state upon the state's enactment of the compact.
(b) A party state may withdraw from the compact by enacting a statute repealing the law enacting the compact, but a withdrawal does not take effect until two (2) years after the executive head of the withdrawing state gives notice in writing of the withdrawal to the executive heads of all other party states. A withdrawal does not affect any liability incurred by or chargeable to a party state before the time of the withdrawal.
Sec. 11. This compact shall be liberally construed to effectuate the purposes of the compact. The provisions of the compact are severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any state or of the United States or the applicability of the compact to any government, agency, person, or circumstance is held invalid, the validity of the remainder of the compact and its applicability to any government, agency, person, or circumstance is not affected thereby. If this compact is held contrary to the constitution of any party state the compact remains in full force and effect as to the remaining party states and in full force and effect as to the party state affected as to all severable matters.
Sec. 12. Consistent with law and within available appropriations, the departments, agencies, and officers of Indiana may cooperate with the fund.
Sec. 13. (a) The commissioner of agriculture or the commissioner's designee shall serve as compact administrator for Indiana. The duties of the compact administrator are considered a regular part of the duties of the commissioner of agriculture.
(b) Copies of bylaws and amendments to the compact adopted under section 4(h) of this chapter must be filed with the compact administrator.
Sec. 14. Within the meaning of sections 6(b) and 8(a) of this chapter, a request or application for assistance from the fund may be made by the commissioner of agriculture or the commissioner's designee whenever the commissioner or commissioner's designee believes the conditions qualifying Indiana for assistance exist and
it would be in the best interest of Indiana to make a request.
Sec. 15. The compact administrator is designated to receive notices under section 6(d) of this chapter.
Sec. 16. The department, agency, or officer expending or becoming liable for an expenditure on account of a control or eradication program undertaken or intensified under the compact shall have credited to the department's, agency's, or officer's account, in the state treasury the amount or amounts of any payments made to Indiana to defray the cost of the program or any part of the program, or as reimbursement from the program.
Sec. 17. When the compact refers to the executive head, with reference to Indiana, the executive head is the governor.
SECTION 17. IC 14-37-13-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 3. The commission may assess against a person who violates:
(1) this article or IC 13-8 (before its repeal); or
(2) a rule adopted under this article (or IC 13-8 before its repeal);
a civil penalty of not more than
ten twenty thousand dollars ($10,000)
($20,000) for each day the violation occurs. The penalty may be
recovered and the violator may be enjoined from continuing the
violation in a civil action.
SECTION 18. IC 14-37-13-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 6. (a) Except as provided in
subsection subsections (b) and (c), a person who
knowingly violates this article commits a Class B misdemeanor. Each
day a violation occurs is a separate offense.
(b) A person who knowingly violates this article or a rule adopted under this article with respect to the operation of a Class II well commits a Class D felony. Each day a violation occurs is a separate offense.
(c) A person who knowingly falsifies any written certification or verification required under this article or a rule adopted under this article commits a Class D felony. Each falsified certification or verification is a separate offense.
SECTION 19. An emergency is declared for this act.