Introduced Version
SENATE BILL No. 231
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 3-9-2-13; IC 4-15; IC 14-9; IC 14-10-3-4;
IC 14-24-1-3.
Synopsis: Department of natural resources employees. Provides that
employees of the department of natural resources (DNR), except for the
director, the employee in the highest position in each division, and the
conservation officers, are merit employees. Requires the DNR to work
with the state personnel department to develop position classification
plans for the department and to assist current employees in qualifying
for positions. Requires the state personnel department to assist DNR
employees who do not qualify to find employment with another state
agency, if possible. Repeals provisions establishing the nonmerit status
of DNR employees.
Effective: Upon passage.
Simpson
January 8, 2007, read first time and referred to Committee on Natural Resources.
Introduced
First Regular Session 115th General Assembly (2007)
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 2006 Regular Session of the General Assembly.
SENATE BILL No. 231
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; (07)IN0231.1.1. -->
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
Resources).
SOURCE: IC 4-15-2-3.8; (07)IN0231.1.2. -->
SECTION 2. IC 4-15-2-3.8, AS AMENDED BY P.L.141-2006,
SECTION 4, AND AS AMENDED BY P.L.145-2006, SECTION 5, IS
CORRECTED AND 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, division of aging, 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 Correctional Facility, 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, resources, department of child services, 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 officers employed in the law enforcement
division under IC 14-9-8).
SOURCE: IC 4-15-2.5-1.1; (07)IN0231.1.3. -->
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; (07)IN0231.1.4. -->
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.
and
(2) shall be employed in accordance with IC 14-9-7.
SOURCE: IC 14-9-7-0.5; (07)IN0231.1.5. -->
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
for the:
(1) director;
(2) employee in the highest position in each division; and
(3) employees of the law enforcement division under
IC 14-9-8;
are merit employees under IC 4-15-2.
SOURCE: IC 14-9-7-1; (07)IN0231.1.6. -->
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
duties. 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
activities.
(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
14-24-1-3.
; (07)IN0231.1.7. -->
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: ; (07)IN0231.1.8. -->
SECTION 8. [EFFECTIVE UPON PASSAGE]
(a) As used in this
SECTION, "department" refers to the department of natural
resources created by IC 14-9-1-1.
(b) As used in this SECTION, "employee" means an individual
who is an employee of the department on January 1, 2007.
(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 through
December 31, 2007.
(d) The department shall work with the state personnel
department to:
(1) develop position classification plans for the department;
and
(2) assist employees to qualify for positions developed under
subdivision (1).
(e) If an employee does not qualify for employment with the
department after the new classifications are developed under
subsection (d), the state personnel department shall assist the
employee in finding employment with another state agency, if
possible.
(f) This SECTION expires January 1, 2008.
SOURCE: ; (07)IN0231.1.9. -->
SECTION 9.
An emergency is declared for this act.