March 30, 2005
SENATE BILL No. 195
DIGEST OF SB 195
(Updated March 29, 2005 11:36 am - DI 69)
Citations Affected: Noncode.
Synopsis: Environmental crimes task force. Establishes the
environmental crimes task force to study the appropriate class of
criminal violation that should be assigned to each type of
environmental crime. Requires the task force to file a final report
before November 1, 2007.
Effective: Upon passage.
Kenley, Antich-Carr, Waterman
(HOUSE SPONSORS _ HEIM, HOY)
January 4, 2005, read first time and referred to Committee on Energy and Environmental
January 19, 2005, reported favorably _ Do Pass.
January 24, 2005, read second time, amended, ordered engrossed.
January 25, 2005, engrossed. Read third time, passed. Yeas 45, nays 2.
March 7, 2005, read first time and referred to Committee on Environmental Affairs.
March 29, 2005, amended, reported _ Do Pass.
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
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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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
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between statutes enacted by the 2004 Regular Session of the General Assembly.
SENATE BILL No. 195
A BILL FOR AN ACT concerning environmental law.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: ; (05)ES0195.1.1. -->
SECTION 1. [EFFECTIVE UPON PASSAGE] (a) As used in this
SECTION, "task force" refers to the environmental crimes task
force established by this SECTION.
(b) There is established the environmental crimes task force.
(c) The task force consists of the following members:
(1) Two (2) members of the house of representatives appointed
by the speaker of the house of representatives. The members
appointed under this subdivision may not be members of the
same political party.
(2) Two (2) members of the senate appointed by the president
pro tempore of the senate. The members appointed under this
subdivision may not be members of the same political party.
(3) Two (2) members appointed by the governor who are
representatives of local government. The members appointed
under this subdivision may not be members of the same
(4) Three (3) members appointed by the governor who are
representatives of environmental advocacy organizations.
(5) Two (2) members appointed by the governor who are
representatives of business and industry.
(6) Two (2) members appointed by the governor who are
attorneys with expertise in environmental law.
(7) The commissioner of the department of environmental
management or the commissioner's designee.
(8) One (1) member nominated by the attorney general and
appointed by the president pro tempore of the senate.
(9) One (1) member nominated by the prosecuting attorneys
council of Indiana and appointed by the speaker of the house
of representatives who is a representative of prosecuting
(10) The director of the law enforcement division of the
department of natural resources or the director's designee.
(11) A representative of a business group affected by
environmental laws appointed by the governor.
The appointments required under this subsection shall be made
before July 1, 2005.
(d) The appointed members of the task force serve at the
pleasure of the appointing authority. The appointing authority
shall fill any vacancy on the task force within forty-five (45) days.
(e) The chairman of the legislative council shall designate a
legislative member of the commission to serve as chairperson of the
(f) The expenses of the task force shall be paid from
appropriations made to the legislative council or the legislative
(g) The task force shall do the following:
(1) Conduct studies necessary to prepare a final report that
includes at least the following:
(A) A summary of environmental crime statutes of other
(B) A summary of requirements of federal environmental
programs delegated to states.
(C) A summary of federal criminal sentencing guidelines.
(D) Recommendations about which environmental law
violations should be a misdemeanor, a Class D felony, or a
felony of another class.
(E) If determined appropriate by the task force,
recommendations for legislation, including a set of specific
statutory standards for determining criminal violations.
The task force must consider in its studies the full range of
issues dealing with environmental law.
(2) Submit its final report before November 1, 2007, to:
(A) the governor;
(B) the executive director of the legislative services agency
in an electronic format under IC 5-14-6; and
(C) the environmental quality service council.
(h) The department of environmental management shall provide
staff support to the task force.
(i) The task force shall operate under the policies governing
study committees adopted by the legislative council.
(j) A quorum of the task force must be present to conduct
business. A quorum consists of a majority of the members of the
task force. The task force may not take an official action unless the
official action has been approved by at least a majority of the
members of the task force.
(k) This SECTION expires January 1, 2008.
SOURCE: ; (05)ES0195.1.2. -->
SECTION 2. An emergency is declared for this act.