Indiana 2024 Regular Session

Indiana Senate Bill SB0105 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~ES0105~~.1
2		-	~~February 19, 2024~~
3		-	~~ENGROSSED~~
	1	+	SB0105.2
	2	+	Reprinted
	3	+	February 6, 2024
4	4		SENATE BILL No. 105
5	5		_____
6		-	DIGEST OF SB 105 (Updated February 19, 2024 11:~~11 am~~ - DI ~~140~~)
	6	+	DIGEST OF SB 105 (Updated February 5, 2024 2:17 pm - DI 150)
7	7		Citations Affected: IC 36-9.
8	8		Synopsis: Updated Indiana Drainage Handbook. Requires the state
9	9		department of agriculture (department) to oversee and take all actions
10	10		necessary for the preparation and publication of an updated version of
11	11		the Indiana Drainage Handbook. Authorizes the department to select
12	12		a contractor to draft the updated version of the Indiana Drainage
13	13		Handbook. Requires the secretary of agriculture and rural development
14	14		to appoint an advisory board to advise the contractor and the
15	15		department and to review and provide non-binding comments on the
16	16		structure and the text of drafts of the updated Indiana Drainage
17	17		Handbook. Provides that the advisory board must include
18	18		representatives of certain organizations and state agencies and may
19	19		include other members appointed by the secretary of agriculture and
20	20		rural development.
21	21		Effective: July 1, 2024.
22		-	Leising, Glick, Buck
23		-	(HOUSE SPONSORS — BAIRD, LINDAUER, ABBOTT, PRESCOTT)
	22	+	Leising, Glick
24	23		January 8, 2024, read first time and referred to Committee on Natural Resources.
25	24		January 22, 2024, reported favorably — Do Pass.
26	25		February 5, 2024, read second time, amended, ordered engrossed.
27		-	February 6, 2024, engrossed. Read third time, passed. Yeas 48, nays 0.
28		-	HOUSE ACTION
29		-	February 12, 2024, read first time and referred to Committee on Agriculture and Rural
30		-	Development.
31		-	February 19, 2024, reported — Do Pass. Referred to Committee on Ways and Means
32		-	pursuant to Rule 127.
33		-	ES 105—LS 6473/DI 55 February 19, 2024
	26	+	SB 105—LS 6473/DI 55 Reprinted
	27	+	February 6, 2024
34	28		Second Regular Session of the 123rd General Assembly (2024)
35	29		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
36	30		Constitution) is being amended, the text of the existing provision will appear in this style type,
37	31		additions will appear in this style type, and deletions will appear in this style type.
38	32		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
39	33		provision adopted), the text of the new provision will appear in this style type. Also, the
40	34		word NEW will appear in that style type in the introductory clause of each SECTION that adds
41	35		a new provision to the Indiana Code or the Indiana Constitution.
42	36		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
43	37		between statutes enacted by the 2023 Regular Session of the General Assembly.
44		-	ENGROSSED
45	38		SENATE BILL No. 105
46	39		A BILL FOR AN ACT to amend the Indiana Code concerning
47	40		natural resources.
48	41		Be it enacted by the General Assembly of the State of Indiana:
49	42		1 SECTION 1. IC 36-9-27.2 IS ADDED TO THE INDIANA CODE
50	43		2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
51	44		3 JULY 1, 2024]:
52	45		4 Chapter 27.2. Indiana Drainage Handbook
53	46		5 Sec. 1. As used in this chapter, "advisory board" refers to the
54	47		6 Indiana Drainage Handbook advisory board.
55	48		7 Sec. 2. As used in this chapter, "department" refers to the
56	49		8 Indiana state department of agriculture.
57	50		9 Sec. 3. As used in this chapter, "Indiana Drainage Handbook"
58	51		10 refers to the publication "Indiana Drainage Handbook: An
59	52		11 Administrative and Technical Guide for Activities within Indiana
60	53		12 Streams and Ditches", which was prepared by the Christopher B.
61	54		13 Burke Engineering company in accordance with P.L.329-1995,
62	55		14 published in 1996, and revised and republished in 1999.
63	56		15 Sec. 4. (a) The department shall oversee and take all actions
64	57		16 necessary for the preparation and publication of an updated
65	58		17 version of the Indiana Drainage Handbook.
66		-	ES 105—LS 6473/DI 55 2
	59	+	SB 105—LS 6473/DI 55 2
67	60		1 (b) The department may select a contractor to draft the updated
68	61		2 version of the Indiana Drainage Handbook. The contractor
69	62		3 selected under this subsection shall be subject to the supervision of
70	63		4 the department, and the text developed by the contractor shall be
71	64		5 subject to review and comment by the advisory board established
72	65		6 by section 5 of this chapter.
73	66		7 Sec. 5. (a) The secretary of agriculture and rural development
74	67		8 shall appoint an Indiana Drainage Handbook advisory board to:
75	68		9 (1) advise the contractor and the department on the
76	69		10 preparation of the updated version of the Indiana Drainage
77	70		11 Handbook; and
78	71		12 (2) review and comment on:
79	72		13 (A) the structure of; and
80	73		14 (B) the text of drafts of;
81	74		15 the updated version of the Indiana Drainage Handbook.
82	75		16 (b) The advisory board must include the following:
83	76		17 (1) A representative of the department.
84	77		18 (2) A licensed county surveyor.
85	78		19 (3) A county commissioner.
86	79		20 (4) A representative of a soil and water conservation district.
87	80		21 (5) A licensed engineer.
88	81		22 (6) A representative of the department of natural resources.
89	82		23 (7) A representative of the department of environmental
90	83		24 management.
91	84		25 (8) A farmer.
92	85		26 (9) A representative of the construction industry.
93	86		27 (10) A representative of the United States Fish and Wildlife
94	87		28 Service.
95	88		29 (11) A representative of the United States Army Corps of
96	89		30 Engineers.
97	90		31 (12) A representative of the United States Department of
98	91		32 Agriculture's Natural Resources Conservation Service.
99	92		33 (13) An individual focused on environmental stewardship and
100	93		34 sustainability.
101	94		35 (c) The secretary of agriculture and rural development shall
102	95		36 appoint one (1) member of the advisory board as chairperson.
103	96		37 (d) A member of the advisory board serves until:
104	97		38 (1) the updated version of the Indiana Drainage Handbook is
105	98		39 published on the website of the department of natural
106	99		40 resources or the department; and
107	100		41 (2) the secretary of agriculture and rural development
108	101		42 declares that the work of the advisory board is concluded.
109		-	ES 105—LS 6473/DI 55 3
	102	+	SB 105—LS 6473/DI 55 3
110	103		1 (e) A vacancy on the advisory board shall be filled by
111	104		2 appointment by the secretary of agriculture and rural
112	105		3 development.
113	106		4 Sec. 6. (a) The advisory board may not take official action or
114	107		5 make official recommendations on:
115	108		6 (1) general drainage policies;
116	109		7 (2) the text of drafts of the updated version of the Indiana
117	110		8 Drainage Handbook; or
118	111		9 (3) the structure of the updated version of the Indiana
119	112		10 Drainage Handbook.
120	113		11 (b) Advice and comments provided by the advisory board are
121	114		12 not binding on the department or the contractor selected under
122	115		13 section 4 of this chapter.
123	116		14 Sec. 7. (a) The advisory board shall meet at the call of the
124	117		15 chairperson. After the contractor is selected under section 4 of this
125	118		16 chapter, the advisory board:
126	119		17 (1) shall meet at least two (2) times to review the work of the
127	120		18 contractor; and
128	121		19 (2) may meet at other times at the call of the chairperson as
129	122		20 the contractor's work on the updated Indiana Drainage
130	123		21 Handbook progresses.
131	124		22 (b) The expenses of the advisory board shall be paid from funds
132	125		23 appropriated to the department.
133	126		24 (c) Each member of the advisory board who is not a state
134	127		25 employee is entitled to the minimum salary per diem provided by
135	128		26 IC 4-10-11-2.1(b). The member is also entitled to reimbursement
136	129		27 for traveling expenses as provided under IC 4-13-1-4 and other
137	130		28 expenses actually incurred in connection with the member's duties
138	131		29 as provided in the state policies and procedures established by the
139	132		30 Indiana department of administration and approved by the budget
140	133		31 agency.
141	134		32 Sec. 8. (a) The department shall staff the advisory board.
142	135		33 (b) The department may record and keep records of comments
143	136		34 provided by the advisory board to the department or the
144	137		35 contractor selected under section 4 of this chapter.
145		-	ES 105—LS 6473/DI 55 4
	138	+	SB 105—LS 6473/DI 55 4
146	139		COMMITTEE REPORT
147	140		Madam President: The Senate Committee on Natural Resources, to
148	141		which was referred Senate Bill No. 105, has had the same under
149	142		consideration and begs leave to report the same back to the Senate with
150	143		the recommendation that said bill DO PASS.
151	144		(Reference is to SB 105 as introduced.)
152	145
153	146		GLICK, Chairperson
154	147		Committee Vote: Yeas 8, Nays 0
155	148		_____
156	149		SENATE MOTION
157	150		Madam President: I move that Senate Bill 105 be amended to read
158	151		as follows:
159	152		Page 1, between lines 4 and 5, begin a new paragraph and insert:
160	153		"Sec. 1. As used in this chapter, "advisory board" refers to the
161	154		Indiana Drainage Handbook advisory board.".
162	155		Page 1, line 5, delete "1." and insert "2.".
163	156		Page 1, line 7, delete "2." and insert "3.".
164	157		Page 1, line 13, delete "3." and insert "4.".
165	158		Page 2, line 4, delete "4" and insert "5".
166	159		Page 2, delete lines 5 through 42, begin a new paragraph and insert:
167	160		"Sec. 5. (a) The secretary of agriculture and rural development
168	161		shall appoint an Indiana Drainage Handbook advisory board to:
169	162		(1) advise the contractor and the department on the
170	163		preparation of the updated version of the Indiana Drainage
171	164		Handbook; and
172	165		(2) review and comment on:
173	166		(A) the structure of; and
174	167		(B) the text of drafts of;
175	168		the updated version of the Indiana Drainage Handbook.
176	169		(b) The advisory board must include the following:
177	170		(1) A representative of the department.
178	171		(2) A licensed county surveyor.
179	172		(3) A county commissioner.
180	173		(4) A representative of a soil and water conservation district.
181	174		(5) A licensed engineer.
182	175		(6) A representative of the department of natural resources.
183	176		(7) A representative of the department of environmental
184		-	ES 105—LS 6473/DI 55 5
	177	+	SB 105—LS 6473/DI 55 5
185	178		management.
186	179		(8) A farmer.
187	180		(9) A representative of the construction industry.
188	181		(10) A representative of the United States Fish and Wildlife
189	182		Service.
190	183		(11) A representative of the United States Army Corps of
191	184		Engineers.
192	185		(12) A representative of the United States department of
193	186		Agriculture's Natural Resources Conservation Service.
194	187		(13) An individual focused on environmental stewardship and
195	188		sustainability.
196	189		(c) The secretary of agriculture and rural development shall
197	190		appoint one (1) member of the advisory board as chairperson.
198	191		(d) A member of the advisory board serves until:
199	192		(1) the updated version of the Indiana Drainage Handbook is
200	193		published on the website of the department of natural
201	194		resources or the department; and
202	195		(2) the secretary of agriculture and rural development
203	196		declares that the work of the advisory board is concluded.
204	197		(e) A vacancy on the advisory board shall be filled by
205	198		appointment by the secretary of agriculture and rural
206	199		development.
207	200		Sec. 6. (a) The advisory board may not take official action or
208	201		make official recommendations on:
209	202		(1) general drainage policies;
210	203		(2) the text of drafts of the updated version of the Indiana
211	204		Drainage Handbook; or
212	205		(3) the structure of the updated version of the Indiana
213	206		Drainage Handbook.
214	207		(b) Advice and comments provided by the advisory board are
215	208		not binding on the department or the contractor selected under
216	209		section 4 of this chapter.
217	210		Sec. 7. (a) The advisory board shall meet at the call of the
218	211		chairperson. After the contractor is selected under section 4 of this
219	212		chapter, the advisory board:
220	213		(1) shall meet at least two (2) times to review the work of the
221	214		contractor; and
222	215		(2) may meet at other times at the call of the chairperson as
223	216		the contractor's work on the updated Indiana Drainage
224	217		Handbook progresses.
225	218		(b) The expenses of the advisory board shall be paid from funds
226	219		appropriated to the department.
227		-	ES 105—LS 6473/DI 55 6
	220	+	SB 105—LS 6473/DI 55 6
228	221		(c) Each member of the advisory board who is not a state
229	222		employee is entitled to the minimum salary per diem provided by
230	223		IC 4-10-11-2.1(b). The member is also entitled to reimbursement
231	224		for traveling expenses as provided under IC 4-13-1-4 and other
232	225		expenses actually incurred in connection with the member's duties
233	226		as provided in the state policies and procedures established by the
234	227		Indiana department of administration and approved by the budget
235	228		agency.
236	229		Sec. 8. (a) The department shall staff the advisory board.
237	230		(b) The department may record and keep records of comments
238	231		provided by the advisory board to the department or the
239	232		contractor selected under section 4 of this chapter.".
240	233		Delete page 3.
241	234		(Reference is to SB 105 as printed January 23, 2024.)
242	235		LEISING
243		-	_____
244		-	COMMITTEE REPORT
245		-	Mr. Speaker: Your Committee on Agriculture and Rural
246		-	Development, to which was referred Senate Bill 105, has had the same
247		-	under consideration and begs leave to report the same back to the
248		-	House with the recommendation that said bill do pass.
249		-	(Reference is to SB 105 as reprinted February 6, 2024.)
250		-	AYLESWORTH
251		-	Committee Vote: Yeas 11, Nays 0
252		-	ES 105—LS 6473/DI 55
	236	+	SB 105—LS 6473/DI 55