SB 265-1_ Filed 01/18/2011, 14:25 ChairPerson
Adopted 01/18/2011


COMMITTEE REPORT





MADAM PRESIDENT:
    
     The Senate Committee on Rules and Legislative Procedure, to which was referred Senate Bill No. 265, has had the same under consideration and begs leave to report the same back to the Senate with the recommendation that said bill be AMENDED as follows:

    Delete the title and insert the following:
    A BILL FOR AN ACT to amend the Indiana Code concerning natural and cultural resources.
    Delete everything after the enacting clause and insert the following:    
    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)LS7533.2. -->     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)LS7533.3. -->     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)LS7533.4. -->     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)LS7533.5. -->     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)LS7533.6. -->     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)LS7533.7. -->     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)LS7533.8. -->     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)LS7533.9. -->     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)LS7533.10. -->     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)LS7533.11. -->     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)LS7533.12. -->     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)LS7533.13. -->     SECTION 13. THE FOLLOWING ARE REPEALED [EFFECTIVE JULY 1, 2011]: IC 14-9-6; IC 14-21-1-5.
SOURCE: ; (11)LS7533.14. -->     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)LS7533.15. -->     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.

    (Reference is to SB 265 as introduced.)


and when so amended that said bill be reassigned to the Senate Committee on Agriculture and Natural Resources.

___________________________

LONG, Chairperson


RS 026501/yl
2011