January 20, 2006
SENATE BILL No. 87
_____
DIGEST OF SB 87
(Updated January 17, 2006 5:46 pm - DI 52)
Citations Affected: IC 4-4; IC 4-12; IC 4-23; IC 5-29; IC 15-9;
noncode.
Synopsis: Energy, agriculture, and rural development rules. Allows
the office of the lieutenant governor to adopt rules to carry out the
office's duties relating to energy policy, the center for coal technology
research, and the recycling and energy development board. Changes the
name of the office of rural affairs to the office of community and rural
affairs and makes conforming changes. Allows the office of community
and rural affairs and the department of agriculture to adopt rules.
Creates an advisory board for the office of community and rural affairs.
Creates the rural economic development fund. Repeals the rural
development administration fund, and the rural development council
fund and transfers the balances of the funds to the rural economic
development fund. Removes the requirement that a member of the
tourism council represents a rural community and changes the
requirement for a quorum for the council. Repeals the rural
development council and repeals the requirement that a member of the
council is a member of the tobacco farmers and rural community
impact fund advisory board.
Effective: Upon passage.
Jackman, Gard, Young R
January 9, 2006, read first time and referred to Committee on Energy and Environmental
Affairs.
January 19, 2006, amended, reported favorably _ Do Pass.
January 20, 2006
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
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
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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 2005 Regular Session of the General Assembly.
SENATE BILL No. 87
A BILL FOR AN ACT to amend the Indiana Code concerning state
offices and administration.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 4-4-2.4; (06)SB0087.1.1. -->
SECTION 1. IC 4-4-2.4 IS ADDED TO THE INDIANA CODE AS
A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON
PASSAGE]:
Chapter 2.4. Duties of Lieutenant Governor Relating to Energy
Policy
Sec. 1. The office of the lieutenant governor shall carry out the
duties relating to energy policy that were carried out by the
department of commerce (before its abolishment in 2005).
Sec. 2. The office of the lieutenant governor may adopt rules
under IC 4-22-2 to carry out the duties, purposes, and functions of
the office of the lieutenant governor relating to:
(1) energy policy under section 1 of this chapter;
(2) the administration of the center for coal technology
research under IC 4-4-30-5.5; and
(3) the Indiana recycling and energy development board
under IC 4-23-5.5-6.5.
SOURCE: IC 4-4-9.7-1; (06)SB0087.1.2. -->
SECTION 2. IC 4-4-9.7-1, AS ADDED BY P.L.83-2005, SECTION
5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON
PASSAGE]: Sec. 1. As used in this chapter, "director" refers to the
director of the office of community and rural affairs appointed under
section 5 of this chapter.
SOURCE: IC 4-4-9.7-2; (06)SB0087.1.3. -->
SECTION 3. IC 4-4-9.7-2, AS ADDED BY P.L.83-2005, SECTION
5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON
PASSAGE]: Sec. 2. As used in this chapter, "office" refers to the office
of community and rural affairs established by section 4 of this chapter.
SOURCE: IC 4-4-9.7-4; (06)SB0087.1.4. -->
SECTION 4. IC 4-4-9.7-4, AS ADDED BY P.L.83-2005, SECTION
5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON
PASSAGE]: Sec. 4. The office of community and rural affairs is
established.
SOURCE: IC 4-4-9.7-6; (06)SB0087.1.5. -->
SECTION 5. IC 4-4-9.7-6, AS ADDED BY P.L.83-2005, SECTION
5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON
PASSAGE]: Sec. 6. The office shall do the following:
(1) Administer the rural economic development fund under
IC 4-4-9. section 9 of this chapter.
(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) (2) Administer the Indiana main street program under
IC 4-4-16.
(5) (3) Administer the community development block grant
program.
(6) Administer the duties of the high speed communications
director.
SOURCE: IC 4-4-9.7-7; (06)SB0087.1.6. -->
SECTION 6. IC 4-4-9.7-7 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 7. The office may adopt rules under
IC 4-22-2 to carry out the duties, purposes, and functions of this
chapter.
SOURCE: IC 4-4-9.7-8; (06)SB0087.1.7. -->
SECTION 7. IC 4-4-9.7-8 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 8. The director shall establish a board to
advise the office in the implementation of the duties of the office.
SOURCE: IC 4-4-9.7-9; (06)SB0087.1.8. -->
SECTION 8. IC 4-4-9.7-9 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]:
Sec. 9. (a) The rural economic development
fund is established for the purpose of enhancing and developing
rural communities. The fund shall be administered by the office.
(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.
(e) Money in the fund may be used for the following purposes:
(1) To create, assess, and assist a pilot project to enhance the
economic and community development in a rural area.
(2) To establish a local revolving loan fund for:
(A) an industrial;
(B) a commercial;
(C) an agricultural; or
(D) a tourist;
venture.
(3) To provide a loan for an economic development project in
a rural area.
(4) To provide technical assistance to a rural organization.
(5) To assist in the development and creation of a rural
cooperative.
(6) To address rural workforce development challenges.
(7) To assist in addressing telecommunications needs in a
rural area.
(8) To provide funding for rural economic development
projects concerning the following issues:
(A) Infrastructure, including water, wastewater, and storm
water infrastructure needs.
(B) Housing.
(C) Health care.
(D) Local planning.
(E) Land use.
(F) Other rural economic development issues, as
determined by the office.
(9) To provide funding for the establishment of new regional
rural development groups and the operation of existing
regional rural development groups.
(f) Expenditures from the fund are subject to appropriation by
the general assembly and approval by the office.
SOURCE: IC 4-4-30-5.5; (06)SB0087.1.9. -->
SECTION 9. IC 4-4-30-5.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 5.5. The office of the lieutenant governor
may adopt rules under IC 4-22-2 to carry out the duties, purposes,
and functions of the center.
SOURCE: IC 4-12-9-4; (06)SB0087.1.10. -->
SECTION 10. IC 4-12-9-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 4. (a) The tobacco
farmers and rural community impact fund advisory board is
established. The advisory board shall meet at least quarterly and at the
call of the
commissioner of agriculture director of the department of
agriculture to make recommendations concerning expenditures of
money from the fund.
(b) The advisory board consists of the following:
(1) The
commissioner of agriculture, director of the department
of agriculture, who is an ex officio member and serves as
chairperson of the advisory board.
(2) Two (2) members of the senate, who may not be members of
the same political party, 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, appointed by the
speaker of the house of representatives.
(4) The following appointees by the governor who represent the
following organizations or interests:
(A) Two (2) tobacco growers.
(B) One (1) tobacco quota owner.
(C) Two (2) persons with knowledge and experience in state
and regional economic development needs.
(D) One (1) person representing small towns or rural
communities.
(E) One (1) person representing the Indiana Rural
Development Council.
(F) (E) One (1) person representing the Southern Indiana
Rural Development Project.
(G) (F) One (1) person representing agricultural programs at
universities located in Indiana.
The members of the advisory board listed in subdivisions (1) through
(3) are nonvoting members. The members of the advisory board listed
in subdivision (4) are voting members.
(c) 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 of the advisory board 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 under subsection (d).
(d) A legislative member of the advisory board may be removed at
any time by the appointing authority who appointed the legislative
member.
(e) The term of office of a member of the advisory board appointed
under subsection (a)(4) (b)(4) is four (4) years. However, these
members serve at the pleasure of the governor and may be removed for
any reason.
(f) If a vacancy exists on the advisory board with respect to a
legislative member or the members appointed under subsection (a)(4),
(b)(4), 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.
(g) Five (5) 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 five (5) voting members of the
advisory board is necessary for the advisory board to take action.
(h) Each member of the advisory board who is not a state employee
is not entitled to the minimum salary per diem provided by
IC 4-10-11-2.1(b). The member is, however, entitled to reimbursement
for traveling expenses as provided under IC 4-13-1-4 and other
expenses actually incurred in connection with the member's duties as
provided in the state policies and procedures established by the Indiana
department of administration and approved by the budget agency.
(i) Each member of the advisory board who is a state employee but
who is not a member of the general assembly is entitled to
reimbursement for traveling expenses as provided under IC 4-13-1-4
and other expenses actually incurred in connection with the member's
duties as provided in the state policies and procedures established by
the Indiana department of administration and approved by the budget
agency.
(j) Each member of the advisory board who is a member of the
general assembly is entitled to receive the same per diem, mileage, and
travel allowances paid to legislative members of interim study
committees established by the legislative council. Per diem, mileage,
and travel allowances paid under this subsection shall be paid from
appropriations made to the legislative council or the legislative services
agency.
(k) Payments authorized for members of the advisory board under
subsections (h) through (i) are payable from the tobacco farmers and
rural community impact fund.
SOURCE: IC 4-23-5.5-6.5; (06)SB0087.1.11. -->
SECTION 11. IC 4-23-5.5-6.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 6.5. The office of the
lieutenant governor may adopt rules under IC 4-22-2 to carry out
the duties, purposes, and functions of this chapter.
SOURCE: IC 5-29-4-2; (06)SB0087.1.12. -->
SECTION 12. IC 5-29-4-2, AS ADDED BY P.L.229-2005,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2. The council consists of the following
members:
(1) The lieutenant governor.
(2) Two (2) members of the senate, who may not be members of
the same political party, appointed by the president pro tempore
of the senate, for a term of one (1) year.
(3) Two (2) members of the house of representatives, who may
not be members of the same political party, appointed by the
speaker of the house of representatives, for a term of one (1) year.
(4) Six (6) regional tourism industry representatives, appointed by
the respective tourism regions, for a term of one (1) year.
(5) Twelve (12) representatives of the private sector, appointed by
the governor, for a term of two (2) years. One (1) representative
must own or operate an agritourism business.
(6) The director.
(7) The commissioner of the Indiana department of transportation.
(8) The director of the department of natural resources.
(9) A member appointed by the Indiana Hotel and Lodging
Association, for a term of one (1) year.
(10) A member appointed by the Restaurant and Hospitality
Association of Indiana, for a term of one (1) year.
(11) A member appointed by the Association of Indiana
Convention and Visitor Bureaus, for a term of one (1) year.
(12) A member appointed by the Council of Indiana Attractions,
for a term of one (1) year.
(13) A member appointed by the Indiana Gaming Association, for
a term of one (1) year.
(14) A member appointed by the Recreation Vehicle Indiana
Council, for a term of one (1) year.
(15) A member appointed by the Indiana Bed and Breakfast
Association, for a term of one (1) year.
(16) A member appointed by the Indiana State Festival
Association, for a term of one (1) year.
(17) A member who lives in a rural community and is interested
in agritourism, appointed by the Indiana rural development
council, for a term of one (1) year.
SOURCE: IC 5-29-4-3; (06)SB0087.1.13. -->
SECTION 13. IC 5-29-4-3, AS ADDED BY P.L.229-2005,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 3. (a) Eighteen (18) Seventeen (17) members
of the council constitute a quorum.
(b) The affirmative votes of a majority of the members appointed to
the council are required for the council to take action.
(c) The lieutenant governor shall serve as chairperson of the council.
(d) The council shall adopt written procedures to govern the
transaction of business by the council.
(e) A member of the council who is not a state employee is not
entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b).
The member is also not entitled to reimbursement for traveling
expenses and other expenses actually incurred in connection with the
member's duties.
SOURCE: IC 4-4-9; IC 4-4-9.3; IC 4-4-9.5.
; (06)SB0087.1.14. -->
SECTION 14. THE FOLLOWING ARE REPEALED [EFFECTIVE
UPON PASSAGE]: IC 4-4-9; IC 4-4-9.3; IC 4-4-9.5.
SOURCE: ; (06)SB0087.1.15. -->
SECTION 15. [EFFECTIVE UPON PASSAGE] (a) For purposes
of this SECTION, "fund" means the rural development
administration fund under IC 4-4-9.3-2, before its repeal by this
act.
(b) The:
(1) balance of;
(2) appropriations made to; and
(3) obligations of;
the fund are transferred to the rural economic development fund
established by IC 4-4-9.7-9, as added by this act.
(c) This SECTION expires July 1, 2007.
SOURCE: ; (06)SB0087.1.16. -->
SECTION 16. [EFFECTIVE UPON PASSAGE] (a) For purposes
of this SECTION, "fund" means the rural development council
fund under IC 4-4-9.5-4, before its repeal by this act.
(b) The:
( 1) balance of;
(2) appropriations made to; and
(3) obligations of;
the fund are transferred to the rural economic development fund
established in IC 4-4-9.7-9, as added by this act.
(c) This SECTION expires July 1, 2007.
SOURCE: IC 15-9-2-4; (06)SB0087.1.17. -->
SECTION 17. IC 15-9-2-4 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]:
Sec. 4. The department may adopt rules under
IC 4-22-2 to carry out the duties, purposes, and functions of the
department.
SOURCE: ; (06)SB0087.1.18. -->
SECTION 18.
An emergency is declared for this act.