Indiana 2024 Regular Session

Indiana Senate Bill SB0036 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	ES0036.1
	2	+	February 15, 2024
	3	+	ENGROSSED
	4	+	SENATE BILL No. 36
	5	+	_____
	6	+	DIGEST OF SB 36 (Updated February 14, 2024 11:16 am - DI 140)
	7	+	Citations Affected: IC 25-21.5.
	8	+	Synopsis: Interference with boundary marker. Creates a civil penalty
	9	+	for a person who knowingly or intentionally disturbs or removes a
	10	+	boundary marker, and permits a court to order a person who disturbs or
	11	+	removes a boundary marker to pay for the cost of reestablishing the
	12	+	boundary marker.
	13	+	Effective: July 1, 2024.
	14	+	Doriot, Freeman, Messmer,
	15	+	Walker G, Buck
	16	+	(HOUSE SPONSORS — KING, MILLER D, BARTELS)
	17	+	January 8, 2024, read first time and referred to Committee on Corrections and Criminal
	18	+	Law.
	19	+	January 16, 2024, amended, reported favorably — Do Pass.
	20	+	January 18, 2024, read second time, ordered engrossed. Engrossed.
	21	+	January 23, 2024, read third time, passed. Yeas 48, nays 0.
	22	+	HOUSE ACTION
	23	+	February 6, 2024, read first time and referred to Committee on Courts and Criminal Code.
	24	+	February 15, 2024, reported — Do Pass.
	25	+	ES 36—LS 6180/DI 150 February 15, 2024
1	26		Second Regular Session of the 123rd General Assembly (2024)
2	27		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	28		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	29		additions will appear in this style type, and deletions will appear in this style type.
5	30		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	31		provision adopted), the text of the new provision will appear in this style type. Also, the
7	32		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	33		a new provision to the Indiana Code or the Indiana Constitution.
9	34		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	35		between statutes enacted by the 2023 Regular Session of the General Assembly.
11		-	SENATE ENROLLED ACT No. 36
12		-	AN ACT to amend the Indiana Code concerning professions and
13		-	occupations.
	36	+	ENGROSSED
	37	+	SENATE BILL No. 36
	38	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	39	+	professions and occupations.
14	40		Be it enacted by the General Assembly of the State of Indiana:
15		-	SECTION 1. IC 25-21.5-1-3.2 IS ADDED TO THE INDIANA
16		-	CODE AS A NEW SECTION TO READ AS FOLLOWS
17		-	[EFFECTIVE JULY 1, 2024]: Sec. 3.2. "Boundary marker" means
18		-	a symbol, sign, or object placed by a:
19		-	(1) professional surveyor; or
20		-	(2) person acting under the direct supervision of a
21		-	professional surveyor;
22		-	for the purpose of demarking any point, course, or line in the
23		-	boundary of a tract of land.
24		-	SECTION 2. IC 25-21.5-1-6.7 IS ADDED TO THE INDIANA
25		-	CODE AS A NEW SECTION TO READ AS FOLLOWS
26		-	[EFFECTIVE JULY 1, 2024]: Sec. 6.7. "Person" means the
27		-	following:
28		-	(1) An entity.
29		-	(2) A corporation.
30		-	(3) An individual.
31		-	(4) A limited liability company.
32		-	(5) A partnership.
33		-	SECTION 3. IC 25-21.5-13-1.5 IS ADDED TO THE INDIANA
34		-	CODE AS A NEW SECTION TO READ AS FOLLOWS
35		-	[EFFECTIVE JULY 1, 2024]: Sec. 1.5. (a) A person, not having an
36		-	SEA 36 2
37		-	ownership interest in land, who knowingly or intentionally disturbs
38		-	or removes a boundary marker on the tract of land commits a
39		-	Class C infraction.
40		-	(b) In addition to the judgment awarded under IC 34-28-5-4, the
41		-	court may order a person who violates subsection (a) to pay to the
42		-	landowner the cost of reestablishing the boundary marker.
43		-	SEA 36 President of the Senate
44		-	President Pro Tempore
45		-	Speaker of the House of Representatives
46		-	Governor of the State of Indiana
47		-	Date: Time:
48		-	SEA 36
	41	+	1 SECTION 1. IC 25-21.5-1-3.2 IS ADDED TO THE INDIANA
	42	+	2 CODE AS A NEW SECTION TO READ AS FOLLOWS
	43	+	3 [EFFECTIVE JULY 1, 2024]: Sec. 3.2. "Boundary marker" means
	44	+	4 a symbol, sign, or object placed by a:
	45	+	5 (1) professional surveyor; or
	46	+	6 (2) person acting under the direct supervision of a
	47	+	7 professional surveyor;
	48	+	8 for the purpose of demarking any point, course, or line in the
	49	+	9 boundary of a tract of land.
	50	+	10 SECTION 2. IC 25-21.5-1-6.7 IS ADDED TO THE INDIANA
	51	+	11 CODE AS A NEW SECTION TO READ AS FOLLOWS
	52	+	12 [EFFECTIVE JULY 1, 2024]: Sec. 6.7. "Person" means the
	53	+	13 following:
	54	+	14 (1) An entity.
	55	+	15 (2) A corporation.
	56	+	16 (3) An individual.
	57	+	17 (4) A limited liability company.
	58	+	ES 36—LS 6180/DI 150 2
	59	+	1 (5) A partnership.
	60	+	2 SECTION 3. IC 25-21.5-13-1.5 IS ADDED TO THE INDIANA
	61	+	3 CODE AS A NEW SECTION TO READ AS FOLLOWS
	62	+	4 [EFFECTIVE JULY 1, 2024]: Sec. 1.5. (a) A person, not having an
	63	+	5 ownership interest in land, who knowingly or intentionally disturbs
	64	+	6 or removes a boundary marker on the tract of land commits a
	65	+	7 Class C infraction.
	66	+	8 (b) In addition to the judgment awarded under IC 34-28-5-4, the
	67	+	9 court may order a person who violates subsection (a) to pay to the
	68	+	10 landowner the cost of reestablishing the boundary marker.
	69	+	ES 36—LS 6180/DI 150 3
	70	+	COMMITTEE REPORT
	71	+	Madam President: The Senate Committee on Corrections and
	72	+	Criminal Law, to which was referred Senate Bill No. 36, has had the
	73	+	same under consideration and begs leave to report the same back to the
	74	+	Senate with the recommendation that said bill be AMENDED as
	75	+	follows:
	76	+	Page 2, delete lines 8 through 9, begin a new paragraph and insert:
	77	+	"(b) In addition to the judgment awarded under IC 34-28-5-4,
	78	+	the court may order a person who violates subsection (a) to pay to
	79	+	the landowner the cost of reestablishing the boundary marker.".
	80	+	and when so amended that said bill do pass.
	81	+	(Reference is to SB 36 as introduced.)
	82	+	FREEMAN, Chairperson
	83	+	Committee Vote: Yeas 8, Nays 0.
	84	+	_____
	85	+	COMMITTEE REPORT
	86	+	Mr. Speaker: Your Committee on Courts and Criminal Code, to
	87	+	which was referred Senate Bill 36, has had the same under
	88	+	consideration and begs leave to report the same back to the House with
	89	+	the recommendation that said bill do pass.
	90	+	(Reference is to SB 36 as printed January 17, 2024.)
	91	+	MCNAMARA
	92	+	Committee Vote: Yeas 12, Nays 0
	93	+	ES 36—LS 6180/DI 150