Reprinted
March 30, 2005
ENGROSSED
HOUSE BILL No. 1008
_____
DIGEST OF HB 1008
(Updated March 29, 2005 2:48 pm - DI 14)
Citations Affected: IC 4-4; IC 5-28; IC 15-7; IC 15-9; noncode.
Synopsis: Department of agriculture; office of rural affairs. Provides
that the lieutenant governor is the secretary of agriculture and rural
development. Establishes the office of rural affairs. Establishes the
department of agriculture. Transfers the functions of various state
agencies relating to agriculture to the department of agriculture. Moves
the soil and conservation division from the department of natural
resources to the department of agriculture. Changes a reference to the
community focus fund and the community focus fund planning grant
to the community development block grant program. Makes change to
conform to the passage of HEA 1003.
Effective: Upon passage; July 1, 2005.
Gutwein, Bischoff, Heim, Borders
(SENATE SPONSORS _ JACKMAN, NUGENT, YOUNG R, HEINOLD,
HERSHMAN, MISHLER, PAUL, WATERMAN, WEATHERWAX, DROZDA,
HUME, LEWIS, MRVAN)
January 19, 2005, read first time and referred to Committee on Agriculture and Rural
Development.
February 17, 2005, amended, reported _ Do Pass.
February 21, 2005, read second time, ordered engrossed. Engrossed.
February 22, 2005, read third time, passed. Yeas 96, nays 0.
SENATE ACTION
February 24, 2005, read first time and referred to Committee on Agriculture and Small
Business.
March 24, 2005, amended, reported favorably _ Do Pass.
March 29, 2005, read second time, amended, ordered engrossed.
Reprinted
March 30, 2005
First Regular Session 114th General Assembly (2005)
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 2004 Regular Session of the General Assembly.
ENGROSSED
HOUSE BILL No. 1008
A BILL FOR AN ACT to amend the Indiana Code concerning
agriculture and rural development.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 4-4-2.3; (05)EH1008.2.1. -->
SECTION 1. IC 4-4-2.3 IS ADDED TO THE INDIANA CODE AS
A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON
PASSAGE]:
Chapter 2.3. Lieutenant Governor as Secretary of Agriculture
and Rural Development
Sec. 1. The lieutenant governor serves as secretary of
agriculture and rural development by virtue of office.
Sec. 2. The secretary is responsible for implementation of the
following:
(1) IC 4-4-9.7.
(2) IC 15-9.
SOURCE: IC 4-4-9-1; (05)EH1008.2.2. -->
SECTION 2. IC 4-4-9-1 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 1. As used in this chapter:
"Director"
means the lieutenant governor, who is also the director
of the department of commerce. refers to the director of the office of
rural affairs appointed under IC 4-4-9.7-5.
"Qualified entity" means a city or town with a population of less
than ten thousand (10,000) persons, a corporation established under
IC 23-7-1.1 (before its repeal on August 1, 1991) or IC 23-17 for the
purpose of distributing water for domestic and industrial use, a regional
water, sewage, or solid waste district, or a conservancy district that
includes in its purpose the distribution of domestic water or the
collection and treatment of waste.
"Rural development program" means any program designed to aid
the growth of rural areas in Indiana and includes:
(1) the construction of airports, airport facilities, and tourist
attractions;
(2) the construction, extension or completion of sewerlines,
waterlines, streets, and sidewalks;
(3) the leasing or purchase of property, both real and personal;
and
(4) the preparation of surveys, plans, and specifications for the
construction of publicly owned and operated facilities, utilities,
and services.
SOURCE: IC 4-4-9.3-1; (05)EH1008.2.3. -->
SECTION 3. IC 4-4-9.3-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. (a) The rural
development administration fund is established for the purpose of
enhancing and developing rural communities. The fund shall be
administered by the Indiana office of rural development council.
affairs established by IC 4-4-9.7-4.
(b) The expenses of administering the fund shall be paid from the
money in the fund.
(c) Notwithstanding IC 5-13, the treasurer of state shall invest the
money in the fund not currently needed to meet the obligations of the
fund under IC 5-10.3-5. The treasurer of state may contract with
investment management professionals, investment advisers, and legal
counsel to assist in the management of the fund and may pay the state
expenses incurred under those contracts.
(d) Money in the fund at the end of a state fiscal year does not revert
to the state general fund.
SOURCE: IC 4-4-9.3-3; (05)EH1008.2.4. -->
SECTION 4. IC 4-4-9.3-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3. (a) The rural
development administration advisory board is established to make
recommendations concerning the expenditure of money from the fund.
(b) The advisory board shall meet at least four (4) times per year and
shall also meet at the call of the executive director of the rural
development council.
(c) The advisory board consists of the following members:
(1) The executive director of the Indiana rural development
council, who serves as an ex officio member and as the
chairperson of the advisory board.
(2) Two (2) members of the senate, who may not be members of
the same political party, and who are appointed by the president
pro tempore of the senate.
(3) Two (2) members of the house of representatives, who may
not be members of the same political party, and who are
appointed by the speaker of the house of representatives.
(4) A representative of the commissioner The secretary of
agriculture to be appointed by the governor. and rural
development or the secretary's designee.
(5) A representative of the department of commerce, to be
appointed by the governor.
(6) A representative of the department of workforce development,
to be appointed by the governor.
(7) Two (2) persons with knowledge and experience in state and
regional economic needs, to be appointed by the governor.
(8) A representative of a local rural economic development
organization, to be appointed by the governor.
(9) A representative of a small town or rural community, to be
appointed by the governor.
(10) A representative of the rural development council, to be
appointed by the governor.
(11) A representative of rural education, to be appointed by the
governor.
(12) A representative of the league of regional conservation and
development districts, to be appointed by the governor.
(13) A person currently enrolled in rural secondary education, to
be appointed by the governor.
(d) The members of the advisory board listed in subsection (c)(1)
through (c)(3) are nonvoting members.
(e) The term of office of a legislative member of the advisory board
is four (4) years. However, a legislative member of the advisory board
ceases to be a member if the member:
(1) is no longer a member of the chamber from which the member
was appointed; or
(2) is removed from the advisory board by the appointing
authority who appointed the legislator.
(f) The term of office of a voting member of the advisory board is
four (4) years. However, these members serve at the pleasure of the
governor and may be removed for any reason.
(g) If a vacancy exists on the advisory board, the appointing
authority who appointed the former member whose position has
become vacant shall appoint an individual to fill the vacancy for the
balance of the unexpired term.
(h) Six (6) voting members of the advisory board constitute a
quorum for the transaction of business at a meeting of the advisory
board. The affirmative vote of at least six (6) voting members is
necessary for the advisory board to take action.
SOURCE: IC 4-4-9.7; (05)EH1008.2.5. -->
SECTION 5. IC 4-4-9.7 IS ADDED TO THE INDIANA CODE AS
A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON
PASSAGE]:
Chapter 9.7. Office of Rural Affairs
Sec. 1. As used in this chapter, "director" refers to the director
of the office of rural affairs appointed under section 5 of this
chapter.
Sec. 2. As used in this chapter, "office" refers to the office of
rural affairs established by section 4 of this chapter.
Sec. 3. As used in this chapter, "secretary" refers to the
lieutenant governor as secretary of agriculture and rural
development, as provided in IC 4-4-2.3.
Sec. 4. The office of rural affairs is established.
Sec. 5. (a) The secretary shall appoint an individual to be the
director of the office.
(b) The director:
(1) serves at the secretary's pleasure;
(2) is entitled to receive compensation in an amount set by the
secretary subject to the approval of the budget agency under
IC 4-12-1-13; and
(3) is responsible to the secretary.
(c) The director is the chief executive and administrative officer
of the office.
(d) The director may appoint employees in the manner provided
by IC 4-15-2 and fix their compensation, subject to the approval of
the budget agency under IC 4-12-1-13.
(e) The director may delegate the director's authority to the
appropriate office staff.
Sec. 6. The office shall do the following:
(1) Administer the rural development fund under IC 4-4-9.
(2) Administer the rural development administration fund
under IC 4-4-9.3.
(3) Provide administrative and staff support for the Indiana
rural development council under IC 4-4-9.5.
(4) Administer the Indiana main street program under
IC 4-4-16.
(5) Administer the community development block grant
program.
(6) Administer the duties of the high speed communications
director.
SOURCE: IC 4-4-16-1; (05)EH1008.2.6. -->
SECTION 6. IC 4-4-16-1 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 1. (a) The Indiana main street
program is established to:
(1) encourage the economic development, redevelopment, and
improvement of downtown areas in Indiana cities and towns in all
geographic regions of the state;
(2) sponsor demonstration efforts in Indiana cities and towns in
all geographic regions of the state; and
(3) provide technical assistance and sponsor seminars and other
educational programs on downtown area revitalization,
development, and redevelopment.
(b) The program shall be administered by the department of
commerce. office of rural affairs.
SOURCE: IC 4-4-16-2; (05)EH1008.2.7. -->
SECTION 7. IC 4-4-16-2 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 2. (a) The Indiana main street
council is established. The council consists of:
(1) the
lieutenant governor secretary of agriculture and rural
development or a person designated by the
lieutenant governor,
secretary, who shall serve as chairman; and
(2) at least seven (7) but not more than ten (10) persons appointed
by the
lieutenant governor, secretary, who represent
organizations concerned with the purposes of the program
established by this chapter and who represent all geographic
regions of the state.
(b) Members appointed to the council by the
lieutenant governor
secretary shall serve for a term of three (3) years, beginning on July 1
after their appointment. However, a member appointed to fill a vacancy
on the council shall serve for the remainder of the unexpired term.
(c) The council shall:
(1) develop and direct policy;
(2) coordinate administrative techniques; and
(3) provide assistance;
to carry out the purposes of the Indiana main street program.
(d) Each member of the council who is not a state employee is
entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b).
Each member is entitled to reimbursement for traveling expenses and
other expenses actually incurred in connection with the member's
duties, as provided in the state travel policies and procedures
established by the department of administration and approved by the
state budget agency.
SOURCE: IC 4-4-16-3; (05)EH1008.2.8. -->
SECTION 8. IC 4-4-16-3 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 3. To carry out the purposes
described in section 1 of this chapter, the department office of
commerce, rural affairs, acting for and on behalf of the Indiana main
street council and the Indiana main street program, may:
(1) execute contractual agreements;
(2) receive money from any source;
(3) expend money for an activity appropriate to the purposes of
this chapter; and
(4) execute agreements and cooperate with:
(A) any other state or federal department or agency;
(B) Indiana political subdivisions; of the state; or
(C) any private person or corporation.
SOURCE: IC 5-28-6-2; (05)EH1008.2.9. -->
SECTION 9. IC 5-28-6-2, AS ADDED BY P.L.4-2005, SECTION
34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON
PASSAGE]: Sec. 2. (a) The corporation shall develop and promote
programs designed to make the best use of Indiana resources to ensure
a balanced economy and continuing economic growth for Indiana, and,
for those purposes, may do the following:
(1) Cooperate with federal, state, and local governments and
agencies in the coordination of programs to make the best use of
Indiana resources.
(2) Receive and expend funds, grants, gifts, and contributions of
money, property, labor, interest accrued from loans made by the
corporation, and other things of value from public and private
sources, including grants from agencies and instrumentalities of
the state and the federal government. The corporation:
(A) may accept federal grants for providing planning
assistance, making grants, or providing other services or
functions necessary to political subdivisions, planning
commissions, or other public or private organizations;
(B) shall administer these grants in accordance with the terms
of the grants; and
(C) may contract with political subdivisions, planning
commissions, or other public or private organizations to carry
out the purposes for which the grants were made.
(3) Direct that assistance, information, and advice regarding the
duties and functions of the corporation be given to the corporation
by an officer, agent, or employee of the executive branch of the
state. The head of any other state department or agency may
assign one (1) or more of the department's or agency's employees
to the corporation on a temporary basis or may direct a division
or an agency under the department's or agency's supervision and
control to make a special study or survey requested by the
corporation.
(b) The corporation shall perform the following duties:
(1) Develop and implement industrial development programs to
encourage expansion of existing industrial, commercial, and
business facilities in Indiana and to encourage new industrial,
commercial, and business locations in Indiana.
(2) Assist businesses and industries in acquiring, improving, and
developing overseas markets and encourage international plant
locations in Indiana. The corporation, with the approval of the
governor, may establish foreign offices to assist in this function.
(3) Promote the growth of minority business enterprises by doing
the following:
(A) Mobilizing and coordinating the activities, resources, and
efforts of governmental and private agencies, businesses, trade
associations, institutions, and individuals.
(B) Assisting minority businesses in obtaining governmental
or commercial financing for expansion or establishment of
new businesses or individual development projects.
(C) Aiding minority businesses in procuring contracts from
governmental or private sources, or both.
(D) Providing technical, managerial, and counseling assistance
to minority business enterprises.
(4) Assist the office of the lieutenant governor in:
(A) community economic development planning;
(B) implementation of programs designed to further
community economic development; and
(C) the development and promotion of Indiana's tourist
resources.
(5) Assist the commissioner secretary of agriculture and rural
development in promoting and marketing of Indiana's
agricultural products and provide assistance to the commissioner
of agriculture.
(6) With the approval of the governor, implement federal
programs delegated to the state to carry out the purposes of this
article.
(7) Promote the growth of small businesses by doing the
following:
(A) Assisting small businesses in obtaining and preparing the
permits required to conduct business in Indiana.
(B) Serving as a liaison between small businesses and state
agencies.
(C) Providing information concerning business assistance
programs available through government agencies and private
sources.
(8) Assist the Indiana commission for agriculture and rural
development in performing its functions under IC 4-4-22.
(9) (8) Establish a public information page on its current Internet
site on the world wide web. The page must provide the following:
(A) By program, cumulative information on the total amount
of incentives awarded, the total number of companies that
received the incentives and were assisted in a year, and the
names and addresses of those companies.
(B) A mechanism on the page whereby the public may request
further information online about specific programs or
incentives awarded.
(C) A mechanism for the public to receive an electronic
response.
(c) The corporation may do the following:
(1) Disseminate information concerning the industrial,
commercial, governmental, educational, cultural, recreational,
agricultural, and other advantages of Indiana.
(2) Plan, direct, and conduct research activities.
(3) Assist in community economic development planning and the
implementation of programs designed to further community
economic development.
SOURCE: IC 15-7-9-1; (05)EH1008.2.10. -->
SECTION 10. IC 15-7-9-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. As used in this
chapter, "assistant commissioner" refers to the assistant commissioner
director of the department of agriculture appointed under
IC 4-4-22-20. IC 15-9-3-1.
SOURCE: IC 15-9; (05)EH1008.2.11. -->
SECTION 11. IC 15-9 IS ADDED TO THE INDIANA CODE AS
A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE UPON
PASSAGE]:
ARTICLE 9. DEPARTMENT OF AGRICULTURE
Chapter 1. Definitions
Sec. 1. The definitions in this chapter apply throughout this
article.
Sec. 2. "Department" refers to the department of agriculture
established by IC 15-9-2-1.
Sec. 3. "Director" refers to the director of the department of
agriculture appointed under IC 15-9-3-1.
Sec. 4. "Division" refers to the division of soil conservation
established by IC 15-9-4-1.
Sec. 5. "Secretary" refers to the lieutenant governor as
secretary of agriculture and rural development as provided in
IC 4-4-2.3.
Chapter 2. Establishment of the Department
Sec. 1. The department of agriculture is established.
Sec. 2. The director is the chief executive and administrative
officer of the department.
Sec. 3. The department shall do the following:
(1) Provide administrative and staff support for the following:
(A) The center for value added research.
(B) The state fair board for purposes of administering the
commissioner of agriculture's duties under IC 15-1.5-4.
(C) The Indiana corn marketing council for purposes of
administering the duties of the commissioner of agriculture
under IC 15-4-10.
(D) The Indiana organic peer review panel.
(E) The Indiana dairy industry development board for
purposes of administering the duties of the commissioner
of agriculture under IC 15-6-4.
(F) The Indiana land resources council.
(G) The Indiana grain buyers and warehouse licensing
agency.
(H) The Indiana grain indemnity corporation.
(I) The division of soil conservation established by
IC 15-9-4-1.
(2) Administer the election of state fair board members.
(3) Administer state programs and laws promoting
agricultural trade.
(4) Administer state livestock or agriculture marketing grant
programs.
(5) Administer economic development efforts for agriculture.
Chapter 3. The Director
Sec. 1. The governor shall appoint an individual to be the
director of the department.
Sec. 2. The director:
(1) serves at the governor's pleasure;
(2) is entitled to receive compensation in an amount set by the
governor; and
(3) is responsible to the secretary.
Sec. 3. The director may appoint employees in the manner
provided by IC 4-15-2 and fix their compensation, subject to the
approval of the budget agency under IC 4-12-1-13.
Sec. 4. The director may delegate the director's authority to the
appropriate department staff.
Sec. 5. The director shall establish a board to advise the
department in the implementation of the department's duties.
Chapter 4. The Division of Soil Conservation
Sec. 1. The division of soil conservation is established in the
department.
Sec. 2. The director is the administrative head of the division.
Sec. 3. (a) The division shall do the following:
(1) Provide administrative and staff support for the soil
conservation board.
(2) Administer all programs relating to land and soil
conservation in Indiana.
(3) Manage Indiana's watersheds.
(4) Administer the clean water Indiana program.
(5) Perform other functions assigned by the secretary or the
director.
(b) The duties of the division do not include administering the
Lake Michigan Coastal program. The Lake Michigan Coastal
program shall administer the state's compliance with and provide
assistance under the federal Coastal Zone Management Act (16
U.S.C. 33).
(c) The duties of the division do not include those listed in
IC 14-32-7-12(b)(7).
SOURCE: IC 4-4-22; (05)EH1008.2.12. -->
SECTION 12. IC 4-4-22 IS REPEALED [EFFECTIVE UPON
PASSAGE].
SOURCE: ; (05)EH1008.2.13. -->
SECTION 13. [EFFECTIVE UPON PASSAGE]
(a) As used in this
SECTION, "rural development agency" refers to any part of the
department of commerce that administers a rural development
statute.
(b) As used in this SECTION, "rural development statute"
refers to any of the following:
(1) IC 4-4-9.
(2) IC 4-4-9.3.
(3) IC 4-4-9.5.
(c) As used in this SECTION, "office" refers to the office of
rural affairs established by IC 4-4-9.7-4, as added by this act.
(d) As used in this SECTION, "secretary" refers to the
secretary of agriculture and rural development designated by
IC 4-4-2.3-1, as added by this act.
(e) After June 30, 2005, the following apply:
(1) The powers and duties of a rural development agency are
transferred to the office.
(2) A reference to a rural development agency in a statute, a
rule, or another document is considered a reference to the
office.
(3) All the property of a rural development agency is
transferred to the office.
(4) An appropriation to a rural development agency in effect
after June 30, 2005, is transferred to the office.
(5) A fund established by a rural development statute:
(A) is transferred to the office; and
(B) shall be administered by the office.
(6) Positions of a rural development agency are transferred to
the office.
(7) This subdivision applies to an individual employed by a
rural development agency on June 30, 2005:
(A) The individual is entitled to become an employee of the
office on July 1, 2005.
(B) The individual is entitled to have the individual's
service as an employee of the rural development agency
before July 1, 2005, included for the purpose of computing
all applicable employment rights and benefits with the
office.
(C) If the employee was covered on June 30, 2005, by a
labor agreement to which the state is a party, the office
shall continue to be subject to the terms and conditions of
the agreement as provided in the labor agreement.
(8) All leases and obligations entered into by a rural
development agency before July 1, 2005, that are legal and
valid on July 1, 2005, are obligations of the office beginning
July 1, 2005.
(f) This SECTION expires July 1, 2006.
SOURCE: ; (05)EH1008.2.14. -->
SECTION 14. [EFFECTIVE UPON PASSAGE] (a) As used in this
SECTION, "agriculture agency" refers to any of the following:
(1) All functions of the department of commerce relating to
programs relating to the economic development of
agriculture.
(2) Any part of the department of commerce that administers
an agricultural statute.
(3) The center for value added research established under
IC 4-4-3.4.
(4) The Indiana commission for agriculture and rural
development established by IC 4-4-22-6, before its repeal by
this act.
(5) The state fair board established by IC 15-1.5-4-1.
(6) The Indiana corn marketing council established by
IC 15-4-10-12.
(7) The Indiana organic peer review panel established by
IC 15-4-12-9.
(8) The Indiana dairy industry development board established
by IC 15-6-4-9.
(9) The Indiana land resources council established by
IC 15-7-9-4.
(10) The Indiana grain buyers and warehouse licensing
agency established by IC 26-3-7-1.
(11) The Indiana grain indemnity corporation established by
IC 26-4-3-1.
(b) As used in this SECTION, "agricultural statute" refers to
any of the following:
(1) IC 4-4-3.4.
(2) IC 15, except the following:
(A) Any statute administered by the state fair commission.
For purposes of this clause, IC 15-1.5-4 and IC 15-1.5-5 are
not considered to be administered by the state fair
commission.
(B) IC 15-2.1.
(C) Any statute administered by the Indiana state board of
animal health or the state veterinarian.
(D) Any statute administered by the state chemist
appointed under IC 15-3-3-2.
(E) IC 15-6-1.
(F) Any statute administered by the dean of agriculture at
Purdue University.
(3) IC 26-3-7.
(4) IC 26-4.
(c) As used in this SECTION, "commission" refers to the
Indiana commission for agriculture and rural development
established by IC 4-4-22-6, before its repeal by this act.
(d) As used in this SECTION, "department" refers to the
department of agriculture established by IC 15-9-2-1, as added by
this act.
(e) As used in this SECTION, "director" refers to the director
of the department of agriculture appointed under IC 15-9-3-1, as
added by this act.
(f) After June 30, 2005, the following apply:
(1) The powers and duties of the assistant commissioner are
transferred to the director.
(2) A reference to the assistant commissioner in a statute, a
rule, or another document shall be treated as a reference to
the director.
(3) The powers and duties of each agriculture or rural
development agency are transferred to the department.
(4) A reference to an agriculture agency in a statute, a rule, or
another document shall be treated as a reference to the
department.
(5) All the property of each agriculture agency is transferred
to the department.
(6) An appropriation to an agriculture agency in effect after
June 30, 2005, is transferred to the department.
(7) A fund established by an agriculture statute:
(A) is transferred to the department; and
(B) shall be administered by the department.
(8) Positions of each agriculture agency are transferred to the
department.
(9) This subdivision applies to an individual employed by an
agriculture agency on June 30, 2005:
(A) The individual is entitled to become an employee of the
department on July 1, 2005.
(B) The individual is entitled to have the individual's
service as an employee of the agriculture agency before
July 1, 2005, included for the purpose of computing all
applicable employment rights and benefits with the
department.
(C) If the employee was covered on June 30, 2005, by a
labor agreement to which the state is a party, the
department shall continue to be subject to the terms and
conditions of the agreement as provided in the labor
agreement.
(10) All leases and obligations entered into by an agriculture
agency before July 1, 2005, that are legal and valid on July 1,
2005, are obligations of the department beginning July 1,
2005.
(g) This SECTION expires July 1, 2006.
SOURCE: ; (05)EH1008.2.15. -->
SECTION 15. [EFFECTIVE JULY 1, 2005]
(a) As used in this
SECTION, "department" refers to the department of agriculture
established by IC 15-9-2-1, as added by this act.
(b) As used in this SECTION, "director" refers to the director
of the department appointed under IC 15-9-3-1, as added by this
act.
(c) As used in this SECTION, "division" refers to the division of
soil conservation established by IC 15-9-4-1, as added by this act.
(d) As used in this SECTION, "land and water conservation
agency" refers to any of the following:
(1) The soil and water conservation functions of the
department of natural resources.
(2) The soil conservation board.
(3) All functions of the department of natural resources or the
department of environmental management relating to the
clean water Indiana program.
(e) As used in this SECTION, "land and water conservation
statute" refers to IC 14-32 or IC 6-6-11.
(f) After June 30, 2005, the following apply:
(1) The powers and duties of a land and water conservation
agency are transferred to the division.
(2) A reference to a land and water conservation agency in a
statute, rule, or other document is considered a reference to
the division.
(3) All the property of a land and water conservation agency
is transferred to the division.
(4) An appropriation to a land and water conservation agency
in effect after June 30, 2005, is transferred to the division.
(5) A fund established by a land and water conservation
statute:
(A) is transferred to the division; and
(B) shall be administered by the division.
(6) Positions of a land and water conservation agency are
transferred to the division.
(7) This subdivision applies to an individual employed by a
land and water conservation agency on June 30, 2005:
(A) The individual is entitled to become an employee of the
division on July 1, 2005.
(B) The individual is entitled to have the individual's
service as an employee of the land and water conservation
agency before July 1, 2005, included for the purpose of
computing all applicable employment rights and benefits
with the division.
(C) If the employee was covered on June 30, 2005, by a
labor agreement to which the state is a party, the division
shall continue to be subject to the terms and conditions of
the agreement as provided in the labor agreement.
(8) All leases and obligations entered into by a land and water
conservation agency before July 1, 2005, that are legal and
valid on July 1, 2005, are obligations of the division beginning
July 1, 2005.
(g) This SECTION expires July 1, 2006.
SOURCE: ; (05)EH1008.2.16. -->
SECTION 16. [EFFECTIVE UPON PASSAGE] (a) As used in this
SECTION, "department" refers to the department of agriculture
established by IC 15-9-2-1, as added by this act.
(b) The legislative services agency shall prepare legislation for
introduction in the 2006 regular session of the general assembly to
organize and correct statutes affected by the establishment of the
department by this act.
(c) This SECTION expires July 1, 2006.
SOURCE: ; (05)EH1008.2.17. -->
SECTION 17.
An emergency is declared for this act.
EH 1008_LS 7948/DI 75
Figure
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