SENATE BILL No. 159
DIGEST OF INTRODUCED BILL
Citations Affected: IC 3-9-2-13; IC 4-15; IC 14-9; IC 14-10-3-4;
Synopsis: Department of natural resources employees. Provides that
employees of the department of natural resources (DNR), except for the
director, the highest position in each division, and conservation
officers, are merit employees. Requires the personnel department to
work with the DNR to provide for a transition for current employees.
Repeals provisions establishing the nonmerit status of DNR employees.
Effective: Upon passage.
January 9, 2006, read first time and referred to Committee on Natural Resources.
Second Regular Session 114th General Assembly (2006)
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
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
this style type
between statutes enacted by the 2005 Regular Session of the General Assembly.
SENATE BILL No. 159
A BILL FOR AN ACT to amend the Indiana Code concerning
natural and cultural resources.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 3-9-2-13; (06)IN0159.1.1. -->
SECTION 1. IC 3-9-2-13 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 13. An individual may not
solicit or receive a contribution in violation of the following statutes:
(1) IC 4-23-7-3.5 (Indiana Library and Historical Department).
(2) IC 4-23-7.1-38 (Indiana State Library).
(3) IC 4-23-7.2-17 (Indiana Historical Bureau).
(4) IC 8-23-2-3 (Indiana Department of Transportation).
(5) IC 14-9-7-1 and IC 14-10-3-10 (Department of Natural
SOURCE: IC 4-15-2-3.8; (06)IN0159.1.2. -->
SECTION 2. IC 4-15-2-3.8, AS AMENDED BY P.L.218-2005,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 3.8. "State service" means public service by:
(1) employees and officers, including the incumbent directors, of
the county offices of family and children; and
(2) employees and officers, except members of boards and
commissions or individuals hired for or appointed to, after June
30, 1982, positions as appointing authorities, deputies, assistants
reporting to appointing authorities, or supervisors of major units
within state agencies, irrespective of the title carried by those
positions, of the division of disability, aging, and rehabilitative
services, Fort Wayne State Developmental Center, Muscatatuck
State Developmental Center, division of mental health and
addiction, Larue D. Carter Memorial Hospital, Evansville State
Psychiatric Treatment Center for Children, Evansville State
Hospital, Logansport State Hospital, Madison State Hospital,
Richmond State Hospital, state department of health, Indiana
School for the Blind and Visually Impaired, Indiana School for
the Deaf, Indiana Veterans' Home, Indiana Soldiers' and Sailors'
Children's Home, Silvercrest Children's Development Center,
department of correction, Westville Correctional Facility,
Plainfield Juvenile Correctional Facility, Putnamville
Correctional Facility, Indianapolis Juvenile Correctional Facility,
Indiana State Prison, Indiana Women's Prison, Pendleton
Correctional Facility, Reception and Diagnostic Center, Rockville
Correctional Facility, Youth Rehabilitation Facility, Plainfield
department of fire and building services,
state emergency management agency department of homeland
security (excluding a county emergency management
organization and any other local emergency management
organization created under IC 10-14-3), civil rights commission,
criminal justice planning agency, department of workforce
development, Indiana historical bureau, Indiana state library,
division of family and children, Indiana state board of animal
health, Federal Surplus Property Warehouse, Indiana education
employment relations board, department of labor, Indiana
protection and advocacy services commission, commission on
public records, Indiana horse racing commission, and state
personnel department, and department of natural resources
(excluding conservation officers under IC 14-9-8).
SOURCE: IC 4-15-2.5-1.1; (06)IN0159.1.3. -->
SECTION 3. IC 4-15-2.5-1.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1.1. The personnel
system of the department of insurance, bureau of motor vehicles,
department of state revenue,
department of natural resources, and
department of adjutant general shall be conducted pursuant to this
chapter, except that the division of audit of the department of state
revenue, the conservation officers of the department of natural
resources, and the excise police of the alcohol and tobacco commission
shall maintain the political balance established prior to July 1, 1971.
SOURCE: IC 14-9-3-2; (06)IN0159.1.4. -->
SECTION 4. IC 14-9-3-2 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 2. Each bureau is headed by a
deputy director. Each deputy director
(1) must be professionally or technically qualified for the position.
(2) shall be employed in accordance with IC 14-9-7.
SOURCE: IC 14-9-7-0.5; (06)IN0159.1.5. -->
SECTION 5. IC 14-9-7-0.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 0.5. Employees of the department except
(2) employees in the highest position in each division; and
(3) employees of the law enforcement division under
are merit employees under IC 4-15-2.
SOURCE: IC 14-9-7-1; (06)IN0159.1.6. -->
SECTION 6. IC 14-9-7-1 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 1. (a) Because the functions
and duties of the department are largely technical in nature and require
specialized knowledge, training, and experience for proper
performance, the employees of the department designated by the state
personnel department as professional or technical shall, except as
otherwise expressly provided in this article, be employed solely on the
basis of the qualifications of the employees to perform the required
Political, religious, racial, and fraternal affiliations may not be
a consideration in personnel actions affecting the employees.
(b) Adequate provisions shall be made to assure that employees
selected possess the knowledge and ability and can satisfy the
minimum education and experience requirements as defined in the
class specifications for the positions.
(c) An employee under this policy may not:
(1) hold political office while employed by the department;
(2) solicit or receive money for political purposes; or
(3) be required to make contributions for or participate in political
(d) An applicant for a position may not be required to declare a
political, religious, racial, or fraternal affiliation.
SOURCE: IC 14-9-7-2; IC 14-9-7-3; IC 14-9-7-4; IC 14-10-3-4; IC
; (06)IN0159.1.7. -->
SECTION 7. THE FOLLOWING ARE REPEALED [EFFECTIVE
UPON PASSAGE]: IC 14-9-7-2; IC 14-9-7-3; IC 14-9-7-4;
IC 14-10-3-4; IC 14-24-1-3.
SOURCE: ; (06)IN0159.1.8. -->
SECTION 8. [EFFECTIVE UPON PASSAGE] (a) For purposes of
this SECTION, "department" means the department of natural
resources established by IC 14-9-1-1.
(b) For purposes of this SECTION, "employee" means an
individual who is an employee of the department on January 1,
(c) Notwithstanding IC 14-9-7-0.5, as added by this act, an
employee continues to be employed under IC 4-15-2.5 until
January 1, 2007.
(d) The department shall work with the state personnel
(1) develop position classification plans for the department;
(2) assist employees to qualify for positions developed under
(e) If an employee does not qualify for employment with the
department after the new classifications are developed, the state
department of personnel shall work with the employee to find
employment with another state agency, if possible.
(f) This SECTION expires January 1, 2007.
SOURCE: ; (06)IN0159.1.9. -->
SECTION 9. An emergency is declared for this act.