Indiana 2024 2024 Regular Session

Indiana Senate Bill SB0253 Introduced / Bill

Filed 01/11/2024

                     
Introduced Version
SENATE BILL No. 253
_____
DIGEST OF INTRODUCED BILL
Citations Affected:  IC 14-8-2; IC 14-15-14.
Synopsis:  Lake Michigan rescue equipment. Requires the owner of a
pier or public access site on Lake Michigan to install public rescue
equipment, including at least one ring life buoy, on the pier or public
access site. Establishes requirements concerning ring life buoys
installed on piers and public access sites. Provides that the end of the
buoy line must not be secured to the shore. Requires a unit of local
government that owns one or more piers or public access sites on Lake
Michigan, at least twice per year, to publish on the unit's website a
report on lakefront drownings that occur within 50 feet of the unit's
piers or public access sites. Provides that if more than one fatal
drowning occurs not more than 50 feet from a particular pier or public
access site in a span of five years, the owner of the pier or public access
site shall: (1) disseminate in the area of the pier or public access site a
water safety plan pertaining to the pier or public access site; and (2)
upgrade the public rescue equipment installed on the pier or public
access site, such as by installing equipment that automatically contacts
the local 911 service in an emergency.
Effective:  July 1, 2024.
Pol Jr.
January 11, 2024, read first time and referred to Committee on Natural Resources.
2024	IN 253—LS 6787/DI 150 Introduced
Second Regular Session of the 123rd General Assembly (2024)
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 2023 Regular Session of the General Assembly.
SENATE BILL No. 253
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:
1 SECTION 1. IC 14-8-2-204.8 IS ADDED TO THE INDIANA
2 CODE AS A NEW SECTION TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2024]: Sec. 204.8. "Pier", for purposes of
4 IC 14-15-14, has the meaning set forth in IC 14-15-14-1(1).
5 SECTION 2. IC 14-8-2-221.9 IS ADDED TO THE INDIANA
6 CODE AS A NEW SECTION TO READ AS FOLLOWS
7 [EFFECTIVE JULY 1, 2024]: Sec. 221.9. "Public access site", for
8 purposes of IC 14-15-14, has the meaning set forth in
9 IC 14-15-14-1(2).
10 SECTION 3. IC 14-8-2-225.4 IS ADDED TO THE INDIANA
11 CODE AS A NEW SECTION TO READ AS FOLLOWS
12 [EFFECTIVE JULY 1, 2024]: Sec. 225.4. "Public rescue
13 equipment", for purposes of IC 14-15-14, has the meaning set forth
14 in IC 14-15-14-1(3).
15 SECTION 4. IC 14-8-2-289, AS AMENDED BY P.L.82-2005,
16 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17 JULY 1, 2024]: Sec. 289. "Unit of local government", for purposes of
2024	IN 253—LS 6787/DI 150 2
1 IC 14-12-1, IC 14-15-14, and IC 14-22-10, means a:
2 (1) county;
3 (2) city;
4 (3) town; or
5 (4) township;
6 located in Indiana.
7 SECTION 5. IC 14-15-14 IS ADDED TO THE INDIANA CODE
8 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
9 JULY 1, 2024]:
10 Chapter 14. Lake Michigan Public Rescue Equipment
11 Sec. 1. The following definitions apply throughout this chapter:
12 (1) "Pier" means a manmade, raised structure (such as a
13 breakwater) that:
14 (A) extends into navigable water; and
15 (B) is intended:
16 (i) for use as a landing place or promenade; or
17 (ii) to protect or form a harbor.
18 (2) "Public access site" means a site that is:
19 (A) adjacent to the public trust (as described in
20 IC 14-26-2.1-3); and
21 (B) intended to facilitate direct public access to the public
22 trust.
23 The term does not include a private residence or areas on
24 state owned property where swimming is prohibited.
25 (3) "Public rescue equipment" means water rescue devices
26 available for public use in case of an emergency, including
27 ring life buoys, throw bags, rescue tubes, and rescue poles.
28 Sec. 2. (a) The owner of a pier or public access site on Lake
29 Michigan shall install public rescue equipment on the pier or
30 public access site. The public rescue equipment installed on a pier
31 or public access site under this subsection:
32 (1) must include at least one (1) ring life buoy; and
33 (2) may include other types of public rescue equipment.
34 (b) The owner of a pier or public access site on Lake Michigan:
35 (1) shall oversee the installation and maintenance of the public
36 rescue equipment required by this section; and
37 (2) if the owner is the state of Indiana or a unit of local
38 government, shall also provide public education concerning
39 the public rescue equipment installed on the pier or public
40 access site.
41 Sec. 3. (a) The following apply to a ring life buoy installed on a
42 pier or public access site under section 2(a) of this chapter:
2024	IN 253—LS 6787/DI 150 3
1 (1) The ring life buoy must not be permanently secured in any
2 way to a station, rack, or pier.
3 (2) The ring life buoy must be stowed inside a station to
4 protect it from constant weather exposure.
5 (3) The ring life buoy must meet the requirements of:
6 (A) 46 CFR 160.050; or
7 (B) 46 CFR 160.150;
8 for Safety Of Life At Sea (SOLAS) approved equipment, or
9 must meet other standards for public rescue equipment issued
10 by the United States Coast Guard.
11 (4) There must be attached to each ring life buoy a buoyant
12 line:
13 (A) that:
14 (i) is at least one hundred (100) feet long; or
15 (ii) if the ring life buoy is secured to a station, rack, or
16 pier more than fifty (50) feet away from the Lake
17 Michigan shoreline, is at least twenty-five (25) feet
18 longer than the distance between the station, rack, or
19 pier to which the ring life buoy is secured and the Lake
20 Michigan shoreline;
21 (B) that has a breaking strength of at least five (5)
22 kilonewtons; and
23 (C) the end of which must not be secured to the shore.
24 (5) The ring life buoy must be marked with type II
25 retroreflective material meeting the requirements of 46 CFR
26 164.018.
27 (6) The ring life buoy:
28 (A) must be placed not more than two hundred (200) feet
29 from the shoreline of Lake Michigan; and
30 (B) must be available for emergency rescue operations.
31 (b) A station in which a ring life buoy is stowed under
32 subsection (a)(2) must:
33 (1) be a bright orange or yellow color for high visibility to aid
34 with quick access to the ring life buoy; and
35 (2) bear signage that warns lakefront patrons that tampering
36 with or misusing public rescue equipment is strictly
37 prohibited.
38 Sec. 4. (a) A unit of local government that owns one (1) or more
39 piers or public access sites on Lake Michigan shall:
40 (1) compile information; and
41 (2) at least twice per year, publish on the unit's website a
42 report;
2024	IN 253—LS 6787/DI 150 4
1 on lakefront drownings of which the unit is aware that have
2 occurred within fifty (50) feet of a pier or public access site owned
3 by the unit of local government.
4 (b) A report published under subsection (a)(2) must include at
5 least the following information:
6 (1) The location of each drowning.
7 (2) The time of day at which the drowning occurred and the
8 temperature and weather conditions at the time and place of
9 the drowning.
10 (3) A description of:
11 (A) the public rescue equipment that was accessible at the
12 pier or public access site within fifty (50) feet of the place
13 of the drowning;
14 (B) how the public rescue equipment described under
15 clause (A) may be used; and
16 (C) the type of entry into the water of Lake Michigan that
17 is available at the pier or public access site within fifty (50)
18 feet of the place of the drowning.
19 (c) If a drowning has occurred within fifty (50) feet of a pier or
20 public access site owned by a unit of local government since the
21 previous report of the unit of local government was published
22 under subsection (a)(2), the unit of local government shall publish
23 on its website, in addition to the report required by subsection
24 (a)(2), a water safety plan pertaining to the pier or public access
25 site.
26 Sec. 5. If more than one (1) drowning occurs not more than fifty
27 (50) feet from a particular pier or public access site in a span of
28 five (5) years, the owner of the pier or public access site shall:
29 (1) disseminate in the area of the pier or public access site a
30 water safety plan pertaining to the pier or public access site;
31 and
32 (2) upgrade the public rescue equipment installed on the pier
33 or public access site under section 2(a) of this chapter, such as
34 by installing equipment that automatically contacts the local
35 911 service in an emergency.
36 Sec. 6. The department shall adopt rules under IC 4-22-2 to
37 implement this chapter.
2024	IN 253—LS 6787/DI 150