January 19, 2011
SENATE BILL No. 265
_____
DIGEST OF SB 265
(Updated January 18, 2011 9:32 am - DI yl)
Citations Affected: IC 14-8; IC 14-10; IC 14-21; IC 14-22; IC 14-25;
IC 14-26; noncode.
Synopsis: Fish and wildlife rulemaking. Establishes the fishing,
hunting, and trapping commission (commission). Provides the
commission with authority over fish and wildlife laws. Provides that
before a final fish or wildlife rule is adopted that the proposed rule
must be approved by the commission and receive final approval from
the director of the department of natural resources (director). Provides
that the natural resources commission (NRC) does not have
responsibility for duties given to the commission. Requires the natural
resources study committee to study certain topics concerning: (1) the
adoption of rules; and (2) the authority and duties of the NRC and
director. Repeals provisions establishing the advisory council to the
bureau of water and resource regulation and the bureau of lands and
cultural resources. Makes conforming changes.
Effective: July 1, 2011.
Waterman
January 6, 2011, read first time and referred to Committee on Rules and Legislative
Procedure.
January 18, 2011, amended; reassigned to Committee on Agriculture and Natural
Resources.
January 19, 2011
First Regular Session 117th General Assembly (2011)
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 2010 Regular Session of the General Assembly.
SENATE BILL No. 265
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 14-8-2-48; (11)SB0265.1.1. -->
SECTION 1. IC 14-8-2-48, AS AMENDED BY P.L.85-2008,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 48. (a) "Commission", except as provided in
subsections (b) through (r), (s), refers to the natural resources
commission.
(b) "Commission", for purposes of IC 14-13-1, has the meaning set
forth in IC 14-13-1-1.
(c) "Commission", for purposes of IC 14-13-2, has the meaning set
forth in IC 14-13-2-2.
(d) "Commission", for purposes of IC 14-13-3, has the meaning set
forth in IC 14-13-3-1.
(e) "Commission", for purposes of IC 14-13-4, has the meaning set
forth in IC 14-13-4-1.
(f) "Commission", for purposes of IC 14-13-5, has the meaning set
forth in IC 14-13-5-1.
(g) "Commission", for purposes of IC 14-13-6, has the meaning set
forth in IC 14-13-6-2.
(h) "Commission", for purposes of IC 14-14-1, has the meaning set
forth in IC 14-14-1-3.
(i) "Commission", for purposes of IC 14-20-4, has the meaning set
forth in IC 14-20-4-1.
(j) "Commission", for purposes of IC 14-20-11, has the meaning set
forth in IC 14-20-11-1.
(k) "Commission", for purposes of IC 14-21-4, has the meaning set
forth in IC 14-21-4-1.
(l) "Commission" for purposes IC 14-22, has the meaning set
forth IC 14-22-1.5-1.
(l) (m) "Commission", for purposes of IC 14-25-11, has the meaning
set forth in IC 14-25-11-1.
(m) (n) "Commission", for purposes of IC 14-28-4, has the meaning
set forth in IC 14-28-4-1.
(n) (o) "Commission", for purposes of IC 14-30-1, has the meaning
set forth in IC 14-30-1-2.
(o) (p) "Commission", for purposes of IC 14-30-2, has the meaning
set forth in IC 14-30-2-2.
(p) (q) "Commission", for purposes of IC 14-30-3, has the meaning
set forth in IC 14-30-3-2.
(q) (r) "Commission", for purposes of IC 14-30-4, has the meaning
set forth in IC 14-30-4-2.
(r) (s) "Commission", for purposes of IC 14-33-20, has the meaning
set forth in IC 14-33-20-2.
SOURCE: IC 14-8-2-61; (11)SB0265.1.2. -->
SECTION 2. IC 14-8-2-61 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 61. "Council" has the
following meaning:
(1) For purposes of IC 14-13-1-22, the meaning set forth in
IC 14-13-1-22.
(2) For purposes of IC 14-13-1-23, the meaning set forth in
IC 14-13-1-23.
(3) For purposes of IC 14-13-1-24, the meaning set forth in
IC 14-13-1-24.
(4) For purposes of IC 14-13-1-25, the meaning set forth in
IC 14-13-1-25.
(5) For purposes of IC 14-21-1, the meaning set forth in
IC 14-21-1-5.
SOURCE: IC 14-10-1-1; (11)SB0265.1.3. -->
SECTION 3. IC 14-10-1-1, AS AMENDED BY P.L.95-2006,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 1. The natural resources commission is
established. The commission consists of twelve (12) members as
follows:
(1) The commissioner of the Indiana department of transportation
or the commissioner's designee.
(2) The commissioner of the department of environmental
management or the commissioner's designated deputy.
(3) The director of the office of tourism development or the
director's designee.
(4) The director of the department.
(5) The chairperson of the advisory council established by
IC 14-9-6-1.
(6) (5) The president of the Indiana academy of science or the
president's designee.
(7) (6) Six (6) Seven (7) citizen members appointed by the
governor, at least two (2) of whom must have knowledge,
experience, or education in the environment or in natural resource
conservation. Not more than three (3) four (4) citizen members
may be of the same political party.
SOURCE: IC 14-10-2-1; (11)SB0265.1.4. -->
SECTION 4. IC 14-10-2-1, AS AMENDED BY P.L.246-2005,
SECTION 115, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 1.
Except as provided in
IC 14-22-1.5, the commission may do the following:
(1) Take the action that is necessary to enable the state to
participate in the programs set forth in 16 U.S.C. 470 et seq.
(2) Promulgate and maintain a state register of districts, sites,
buildings, structures, and objects significant in American or
Indiana history, architecture, archeology, and culture and expend
money for the purpose of preparing comprehensive statewide
historic surveys and plans, in accordance with criteria established
by the commission, that comply with the standards and
regulations promulgated by the United States Secretary of the
Interior for the preservation, acquisition, and development of the
properties.
(3) Establish in accordance with criteria established by the United
States Secretary of the Interior a program of matching
grants-in-aid to public agencies for projects having as their
purpose the preservation for public benefit of properties that are
significant in American or Indiana history, architecture,
archeology, and culture.
(4) Accept grants from public and private sources, including those
provided under 16 U.S.C. 470 et seq.
(5) Establish fees for the following:
(A) Programs of the department or the commission.
(B) Facilities owned or operated by the department or the
commission or a lessee of the department or commission.
(C) Licenses issued by the commission, the department, or the
director.
(D) Inspections or other similar services under this title
performed by the department or an assistant or employee of
the department.
(6) Adopt rules under IC 4-22-2 for the establishment of fees
under subdivision (5).
SOURCE: IC 14-21-1-12; (11)SB0265.1.5. -->
SECTION 5. IC 14-21-1-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 12. The division shall
do the following:
(1) Develop a program of historical, architectural, and
archeological research and development, including continuing
surveys, excavations, scientific recording, interpretation, and
publication of the state's historical, architectural, and
archeological resources.
(2) Prepare a preservation plan for the state that establishes
planning guidelines to encourage the continuous maintenance and
integrity of historic sites and historic structures. However, the
plan is not effective until the plan has been:
(A) presented to the council review board for review and
comment; and
(B) approved by the review board after public hearing.
(3) Undertake the action necessary to qualify the state for
participation in sources of federal aid to further the purposes
stated in subdivisions (1) and (2).
(4) Provide information on historic sites and structures within
Indiana to federal, state, and local governmental agencies, private
individuals, and organizations.
(5) Advise and coordinate the activities of local historical
associations, historic district commissions, historic commissions,
and other interested groups or persons.
(6) Provide technical and financial assistance to local historical
associations, historic district commissions, historic commissions,
and other interested groups or persons.
(7) Review environmental impact statements as required by
federal and state law for actions significantly affecting historic
properties.
SOURCE: IC 14-21-1-13; (11)SB0265.1.6. -->
SECTION 6. IC 14-21-1-13, AS AMENDED BY P.L.2-2007,
SECTION 169, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 13. The division may do the
following:
(1) Recommend the purchase, lease, or gift of historic property of
archeological importance and make recommendations to the
director council, and commission regarding policies affecting the
operation and administration of these sites and structures by the
section of historic sites of the division of state museums and
historic sites.
(2) Prepare and review planning and research studies relating to
archeology.
(3) Conduct a program of education in archeology, either within
the division or in conjunction with a postsecondary educational
institution.
(4) Inspect and supervise an archeological field investigation
authorized by this chapter.
SOURCE: IC 14-22-1.5; (11)SB0265.1.7. -->
SECTION 7. IC 14-22-1.5 IS ADDED TO THE INDIANA CODE
AS A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]:
Chapter 1.5. Hunting, Fishing, and Trapping Commission
Sec. 1. As used in this chapter, "commission" refers to the
hunting, fishing, and trapping commission established by section
2 of this chapter.
Sec. 2. The hunting, fishing, and trapping commission is
established.
Sec. 3. (a) The commission consists of the following five (5)
members:
(1) A wildlife biologist of the department, as appointed by the
director.
(2) Two (2) members who are residents of Indiana and have
held a license to hunt or trap for at least three (3) of the
previous five (5) years.
(3) Two (2) members who are residents of Indiana who:
(A) have held a license to hunt and a license to fish for at
least three (3) of the previous five (5) years; and
(B) either:
(i) represent a sportsman association; or
(ii) have held a license under IC 14-22-13, IC 14-22-14,
IC 14-22-15, or IC 14-22-19 for at least three (3) of the
previous five (5) years.
The governor shall make the appointments under subdivisions (2)
and (3).
(b) Not more than two (2) members appointed in subsection
(a)(2) and (a)(3) may be of the same political party.
Sec. 4. The term of a member of the commission is three (3)
years.
Sec. 5. A vacancy on the commission caused by a reason other
than an expired term shall be filled for the remainder of the
unexpired term.
Sec. 6. The members of the commission are entitled to receive
traveling expenses that are necessarily incident to the performance
of official functions.
Sec. 7. The commission:
(1) shall hold at least one (1) regular meeting every calendar
year; and
(2) may hold special meetings that the chairperson of the
commission considers necessary and expedient.
Sec. 8. During the first meeting in each calendar year, the
commission shall elect a chairperson and vice chairperson.
Sec. 9. (a) The commission has the following duties:
(1) Review and approve, amend, or reject a rule proposed by
the director under IC 14-22-2-6.
(2) Establish fees for the following:
(A) Licenses issued under this article.
(B) Inspections and other similar services performed by
the department under this article.
(3) Any other duty or responsibility specifically assigned to
the commission under this article.
(b) Before a final rule is adopted under this chapter, the
proposed rule must be approved by the commission and receive
final approval from the director.
(c) All rules adopted under this chapter must comply with the
requirements under IC 4-22-2.
SOURCE: IC 14-22-2-6; (11)SB0265.1.8. -->
SECTION 8. IC 14-22-2-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 6. (a) The director shall
adopt rules under IC 4-22-2 to do the following:
(1) Establish, open, close, lengthen, suspend, or shorten seasons.
(2) Establish bag, sex, and size limits.
(3) Establish limitations on the numbers of hunters and fishermen.
(4) Establish the methods, means, and time of:
(A) taking, chasing, transporting, and selling; or
(B) attempting to take, transport, or sell;
wild animals or exotic mammals, with or without dogs, in Indiana
or in a designated part of Indiana.
(5) Establish other necessary rules to do the following:
(A) Administer this chapter.
(B) Properly manage wild animals or exotic mammals in a
designated water or land area of Indiana.
(6) Set aside and designate land or water or parts of the land or
water owned, controlled, or under contract or acquired by the
state for conservation purposes as a public hunting and fishing
ground under the restrictions, conditions, and limitations that are
determined to be appropriate.
(b) Rules must comply with the following:
(1) A rule may be adopted only after thorough investigation. and
(2) A rule must be based upon data relative to the following:
(A) The welfare of the wild animal.
(B) The relationship of the wild animal to other animals.
(C) The welfare of the people.
(3) A rule must receive approval by the hunting, fishing, and
trapping commission (IC 14-22-1.5-2).
(c) Whenever the director determines that it is necessary to adopt
rules, the director shall comply with the following:
(1) Rules must clearly describe and set forth any applicable
changes.
(2) The director shall make or cause to be made a periodic review
of the rules.
(3) A copy of each rule, as long as the rule remains in force and
effect, shall be included and printed in each official compilation
of the Indiana fish and wildlife law.
(d) The director may modify or suspend a rule for a time not to
exceed one (1) year under IC 4-22-2-37.1.
SOURCE: IC 14-22-32-5; (11)SB0265.1.9. -->
SECTION 9. IC 14-22-32-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 5. If a person violates
section 2(1) of this chapter, the department shall enter a recommended
order to dispose of any game bird or exotic mammal the person owns,
keeps, harbors, or otherwise possesses. Before the order becomes a
final determination of the department, a hearing must be held under
IC 4-21.5-3. The hearing shall be conducted by an administrative law
judge for the natural resources commission. The determination of the
administrative law judge is a final agency action under IC 4-21.5-1-6.
SOURCE: IC 14-25-2-2.5; (11)SB0265.1.10. -->
SECTION 10. IC 14-25-2-2.5, AS AMENDED BY P.L.3-2008,
SECTION 102, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 2.5. (a) As used in this chapter,
"water utility" means:
(1) a public utility (as defined in IC 8-1-2-1(a));
(2) a municipally owned utility (as defined in IC 8-1-2-1(h));
(3) a not-for-profit utility (as defined in IC 8-1-2-125(a));
(4) a cooperatively owned corporation;
(5) a conservancy district established under IC 14-33; or
(6) a regional water district established under IC 13-26;
that provides water service to the public.
(b) A person that seeks to contract with the commission for the
provision of certain minimum quantities of stream flow or the sale of
water on a unit pricing basis under section 2 of this chapter must
submit a request to the commission and the department. The
commission shall not make a determination as to whether to enter into
a contract with the person making the request until:
(1) the procedures set forth in this section have been followed;
and
(2) the commission has reviewed and considered each report
submitted to the commission under subsection (i).
(c) Not later than thirty (30) days after receiving a request under
subsection (b), the department shall provide, by certified mail, written
notice of the request to the following:
(1) Each person with whom the commission holds a contract for:
(A) the provision of certain minimum quantities of stream
flow; or
(B) the sale of water on a unit pricing basis;
as of the date of the request.
(2) The executive and legislative body of each:
(A) county;
(B) municipality, if any; and
(C) conservancy district established under IC 14-33, if any;
in which the water sought in the request would be used.
(3) The executive and legislative body of each:
(A) county;
(B) municipality, if any; and
(C) conservancy district established under IC 14-33, if any;
in which the affected reservoir is located.
(d) Not later than seven (7) days after receiving a notice from the
department under subsection (c), each person described in subsection
(c)(1) shall, by certified mail, provide written notice of the request to
each:
(1) water utility; or
(2) other person;
that contracts with the person described in subsection (c)(1) for the
purchase of water for resale. Each person to whom notice is mailed
under this subsection is in turn responsible for providing written notice
by certified mail to each water utility or other person that purchases
water from that person for resale. A water utility or another person
required to provide notice under this subsection shall mail the required
notice not later than seven (7) days after it receives notice of the
request from the water utility or other person from whom it purchases
water for resale.
(e) At the same time that:
(1) a person described in subsection (c)(1); or
(2) a water utility or another person described in subsection (d);
mails any notice required under subsection (d), it shall also mail to the
department, by certified mail, a list of the names and addresses of each
water utility or other person to whom it has mailed the notice under
subsection (d).
(f) In addition to the mailed notice required under subsection (c), the
department shall publish notice of the request, in accordance with
IC 5-3-1, in each county:
(1) in which a person described in section (c)(1) is located;
(2) in which the affected reservoir is located;
(3) in which the water sought in the request would be used; and
(4) in which a water utility or other person included in a list
received by the department under subsection (e) is located.
Notwithstanding IC 5-3-1-6, in each county in which publication is
required under this subsection, notice shall be published in at least one
(1) general circulation newspaper in the county. The department may,
in its discretion, publish public notices in a qualified publication (as
defined in IC 5-3-1-0.7) or additional newspapers to provide
supplementary notification to the public. The cost of publishing
supplementary notification is a proper expenditure of the department.
(g) A notice required to be mailed or published under this section
must:
(1) identify the person making the request;
(2) include a brief description of:
(A) the nature of the pending request; and
(B) the process by which the commission will determine
whether to enter into a contract with the person making the
request;
(3) set forth the date, time, and location of the public meeting
required under subsection (h); and
(4) in the case of a notice that is required to be mailed under
subsection (c)(1) or (d), a statement of the recipient's duty to in
turn provide notice to any:
(A) water utility; or
(B) other person;
that purchases water for resale from the recipient, in accordance
with subsection (d).
(h) The advisory council established by IC 14-9-6-1 A hearing
officer appointed by the commission shall hold a public meeting in
each county in which notice is published under subsection (f). A public
meeting required under this subsection must include the following:
(1) A presentation by the department describing:
(A) the nature of the pending request; and
(B) the process by which the commission will determine
whether to enter into a contract with the person making the
request.
(2) An opportunity for public comment on the pending request.
The advisory council may appoint a hearing officer to assist with a
public meeting held under this subsection.
(i) Not later than thirty (30) days after a public meeting is held
under subsection (h), the advisory council hearing officer shall submit
to the commission a report summarizing the public meeting.
SOURCE: IC 14-25-7-10; (11)SB0265.1.11. -->
SECTION 11. IC 14-25-7-10, AS AMENDED BY P.L.95-2006,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 10. (a) The commission shall administer this
chapter.
(b) The deputy director for water and resource regulation shall serve
as technical secretary to the commission. The deputy director shall
perform the duties that are required by this chapter or that the
commission directs.
(c) The advisory council established by IC 14-9-6-1 shall serve in
an advisory capacity to the commission with respect to the
implementation of the commission's powers and duties, including the
drafting of rules and development of inventories, assessments, and
plans.
(
d) For the time that the advisory council is involved in the drafting
of rules, the membership of the council shall be augmented as follows:
(1) Two (2) members of the senate, not more than one (1) of
whom may be of the same political party, shall be appointed for
a term of two (2) years by the president pro tempore of the senate.
(2) Two (2) members of the house of representatives, not more
than one (1) of whom may be of the same political party, shall be
appointed for a term of two (2) years by the speaker of the house
of representatives.
These members are entitled to travel expenses and a per diem
allowance as determined by the budget agency for members of boards
and commissions generally.
(e) (c) The department shall provide professional, technical, and
clerical personnel, equipment, supplies, and support services
reasonably required to assist the commission in the exercise of the
commission's powers and duties under this chapter. The department
shall include money for this purpose in the regular operating budget
requests of the department.
SOURCE: IC 14-26-2-24; (11)SB0265.1.12. -->
SECTION 12. IC 14-26-2-24, AS ADDED BY P.L.6-2008,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 24. (a) Relying on recommendations of the
department, and the advisory council established by IC 14-9-6-1, the
commission shall adopt, under IC 4-22-7-7(a)(5)(A), and maintain a
nonrule policy statement that lists the public freshwater lakes in
Indiana. For each public freshwater lake, the statement must include
the following information:
(1) The name of the lake.
(2) The county and specific location within the county where the
lake is located.
(b) A person may obtain administrative review from the commission
for the listing or nonlisting of a lake as a public freshwater lake through
a licensure action, status determination, or enforcement action under
IC 4-21.5.
SOURCE: IC 14-9-6; IC 14-21-1-5.
; (11)SB0265.1.13. -->
SECTION 13. THE FOLLOWING ARE REPEALED [EFFECTIVE
JULY 1, 2011]: IC 14-9-6; IC 14-21-1-5.
SOURCE: ; (11)SB0265.1.14. -->
SECTION 14. [EFFECTIVE JULY 1, 2011] (a) As used in this
SECTION, "committee" refers to the natural resources study
committee established by IC 2-5-5-1.
(b) During the 2011 interim, the committee shall study the
following topics:
(1) The criteria, guidelines, and procedures used by the
department of natural resources concerning the inception,
development, review, and adoption of rules.
(2) The authority and duties of the natural resources
commission and the director of the department of natural
resources in carrying out their legal responsibilities.
(c) The committee shall make findings and recommendations
concerning the topics under subsection (b) regarding changes
needed to increase efficiency and accountability in the adoption of
rules and the exercise of duties and responsibilities.
(d) The committee shall issue reports and recommendations as
directed by the legislative council.
(e) This SECTION expires December 1, 2011.
SOURCE: ; (11)SB0265.1.15. -->
SECTION 15. [EFFECTIVE JULY 1, 2011]
(a) The initial terms
of office of the appointed members of the hunting, fishing, and
trapping commission established by IC 14-22-1.5-2, as added by
this act, are as follows:
(1) One (1) member appointed under IC 14-22-1.5-3(a)(3), as
added by this act, and one (1) member appointed under
IC 14-22-1.5-3(a)(2), as added by this act, three (3) years.
(2) One (1) member appointed under IC 14-22-1.5-3(a)(2), as
added by this act, two (2) years.
(3) One (1) member appointed under IC 14-22-1.5-3(a)(3), as
added by this act, one (1) year.
The governor shall specify the term of each member described in
subdivisions (1), (2), and (3) when making the initial appointments.
(b) The initial terms of the appointed members begin July 1,
2011.
(c) This SECTION expires July 1, 2012.