IN
Indiana Senate Bill SB0253

Indiana 2024 Regular Session

Indiana Senate Bill SB0253 Compare Versions

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1+*ES0253.1*
2+February 22, 2024
3+ENGROSSED
4+SENATE BILL No. 253
5+_____
6+DIGEST OF SB 253 (Updated February 21, 2024 12:28 pm - DI 148)
7+Citations Affected: IC 14-8; IC 14-15.
8+Synopsis: Lake Michigan rescue equipment. Requires the owner of a
9+pier or public access site on Lake Michigan to install public rescue
10+equipment, including at least one ring life buoy, on the pier or public
11+access site. Establishes requirements concerning ring life buoys
12+installed on piers and public access sites. Provides that the end of the
13+buoy line must not be secured to the shore. Requires a unit of local
14+(Continued next page)
15+Effective: July 1, 2024.
16+Pol Jr., Glick, Bohacek, Dernulc,
17+Leising, Qaddoura, Alexander,
18+Vinzant, Tomes, Doriot,
19+Randolph Lonnie M, Buck
20+(HOUSE SPONSORS — PRESSEL, ANDRADE, MOSELEY, BOY)
21+January 11, 2024, read first time and referred to Committee on Natural Resources.
22+January 29, 2024, reported favorably — Do Pass.
23+February 5, 2024, read second time, amended, ordered engrossed.
24+February 6, 2024, engrossed. Read third time, passed. Yeas 48, nays 0.
25+HOUSE ACTION
26+February 12, 2024, read first time and referred to Committee on Natural Resources.
27+February 22, 2024, amended, reported — Do Pass.
28+ES 253—LS 6787/DI 150 Digest Continued
29+government that owns one or more piers or public access sites on Lake
30+Michigan, at least twice per year, to publish on the unit's website a
31+report on lakefront drownings that occur within 50 feet of the unit's
32+piers or public access sites. Provides that if more than one fatal
33+drowning occurs not more than 50 feet from a particular pier or public
34+access site in a span of five years, the owner of the pier or public access
35+site shall: (1) disseminate in the area of the pier or public access site a
36+water safety plan pertaining to the pier or public access site; and (2)
37+upgrade the public rescue equipment installed on the pier or public
38+access site, such as by installing equipment that automatically contacts
39+the local 911 service in an emergency.
40+ES 253—LS 6787/DI 150ES 253—LS 6787/DI 150 February 22, 2024
141 Second Regular Session of the 123rd General Assembly (2024)
242 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
343 Constitution) is being amended, the text of the existing provision will appear in this style type,
444 additions will appear in this style type, and deletions will appear in this style type.
545 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
646 provision adopted), the text of the new provision will appear in this style type. Also, the
747 word NEW will appear in that style type in the introductory clause of each SECTION that adds
848 a new provision to the Indiana Code or the Indiana Constitution.
949 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1050 between statutes enacted by the 2023 Regular Session of the General Assembly.
11-SENATE ENROLLED ACT No. 253
12-AN ACT to amend the Indiana Code concerning natural and cultural
13-resources.
51+ENGROSSED
52+SENATE BILL No. 253
53+A BILL FOR AN ACT to amend the Indiana Code concerning
54+natural and cultural resources.
1455 Be it enacted by the General Assembly of the State of Indiana:
15-SECTION 1. IC 14-8-2-204.8 IS ADDED TO THE INDIANA
16-CODE AS A NEW SECTION TO READ AS FOLLOWS
17-[EFFECTIVE JULY 1, 2024]: Sec. 204.8. "Pier", for purposes of
18-IC 14-15-14, has the meaning set forth in IC 14-15-14-1(1).
19-SECTION 2. IC 14-8-2-221.9 IS ADDED TO THE INDIANA
20-CODE AS A NEW SECTION TO READ AS FOLLOWS
21-[EFFECTIVE JULY 1, 2024]: Sec. 221.9. "Public access site", for
22-purposes of IC 14-15-14, has the meaning set forth in
23-IC 14-15-14-1(2).
24-SECTION 3. IC 14-8-2-225.4 IS ADDED TO THE INDIANA
25-CODE AS A NEW SECTION TO READ AS FOLLOWS
26-[EFFECTIVE JULY 1, 2024]: Sec. 225.4. "Public rescue
27-equipment", for purposes of IC 14-15-14, has the meaning set forth
28-in IC 14-15-14-1(3).
29-SECTION 4. IC 14-8-2-289, AS AMENDED BY P.L.82-2005,
30-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
31-JULY 1, 2024]: Sec. 289. "Unit of local government", for purposes of
32-IC 14-12-1, IC 14-15-14, and IC 14-22-10, means a:
33-(1) county;
34-(2) city;
35-(3) town; or
36-SEA 253 — Concur 2
37-(4) township;
38-located in Indiana.
39-SECTION 5. IC 14-15-14 IS ADDED TO THE INDIANA CODE
40-AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
41-JULY 1, 2024]:
42-Chapter 14. Lake Michigan Public Rescue Equipment
43-Sec. 1. The following definitions apply throughout this chapter:
44-(1) "Pier" means a manmade, raised structure (such as a
45-breakwater) that:
46-(A) extends into navigable water; and
47-(B) is intended:
48-(i) for use as a landing place or promenade; or
49-(ii) to protect or form a harbor.
50-(2) "Public access site" means a site that is:
51-(A) adjacent to the public trust (as described in
52-IC 14-26-2.1-3); and
53-(B) intended to facilitate direct public access to the public
54-trust.
55-The term does not include a private residence. The term also
56+1 SECTION 1. IC 14-8-2-204.8 IS ADDED TO THE INDIANA
57+2 CODE AS A NEW SECTION TO READ AS FOLLOWS
58+3 [EFFECTIVE JULY 1, 2024]: Sec. 204.8. "Pier", for purposes of
59+4 IC 14-15-14, has the meaning set forth in IC 14-15-14-1(1).
60+5 SECTION 2. IC 14-8-2-221.9 IS ADDED TO THE INDIANA
61+6 CODE AS A NEW SECTION TO READ AS FOLLOWS
62+7 [EFFECTIVE JULY 1, 2024]: Sec. 221.9. "Public access site", for
63+8 purposes of IC 14-15-14, has the meaning set forth in
64+9 IC 14-15-14-1(2).
65+10 SECTION 3. IC 14-8-2-225.4 IS ADDED TO THE INDIANA
66+11 CODE AS A NEW SECTION TO READ AS FOLLOWS
67+12 [EFFECTIVE JULY 1, 2024]: Sec. 225.4. "Public rescue
68+13 equipment", for purposes of IC 14-15-14, has the meaning set forth
69+14 in IC 14-15-14-1(3).
70+15 SECTION 4. IC 14-8-2-289, AS AMENDED BY P.L.82-2005,
71+16 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
72+17 JULY 1, 2024]: Sec. 289. "Unit of local government", for purposes of
73+ES 253—LS 6787/DI 150 2
74+1 IC 14-12-1, IC 14-15-14, and IC 14-22-10, means a:
75+2 (1) county;
76+3 (2) city;
77+4 (3) town; or
78+5 (4) township;
79+6 located in Indiana.
80+7 SECTION 5. IC 14-15-14 IS ADDED TO THE INDIANA CODE
81+8 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
82+9 JULY 1, 2024]:
83+10 Chapter 14. Lake Michigan Public Rescue Equipment
84+11 Sec. 1. The following definitions apply throughout this chapter:
85+12 (1) "Pier" means a manmade, raised structure (such as a
86+13 breakwater) that:
87+14 (A) extends into navigable water; and
88+15 (B) is intended:
89+16 (i) for use as a landing place or promenade; or
90+17 (ii) to protect or form a harbor.
91+18 (2) "Public access site" means a site that is:
92+19 (A) adjacent to the public trust (as described in
93+20 IC 14-26-2.1-3); and
94+21 (B) intended to facilitate direct public access to the public
95+22 trust.
96+23 The term does not include a private residence. The term also
97+24 does not include an area of state owned property where
98+25 swimming is prohibited or where a life guard is on duty.
99+26 (3) "Public rescue equipment" means water rescue devices
100+27 available for public use in case of an emergency, including
101+28 ring life buoys, throw bags, rescue tubes, and rescue poles.
102+29 Sec. 2. (a) The owner of a pier or public access site on Lake
103+30 Michigan shall install public rescue equipment on the pier or
104+31 public access site. The public rescue equipment installed on a pier
105+32 or public access site under this subsection:
106+33 (1) must include at least one (1) ring life buoy; and
107+34 (2) may include other types of public rescue equipment.
108+35 (b) The owner of a pier or public access site on Lake Michigan:
109+36 (1) shall oversee the installation and maintenance of the public
110+37 rescue equipment required by this section; and
111+38 (2) if the owner is the state of Indiana or a unit of local
112+39 government, shall also provide public education concerning
113+40 the public rescue equipment installed on the pier or public
114+41 access site.
115+42 Sec. 3. (a) The following apply to a ring life buoy installed on a
116+ES 253—LS 6787/DI 150 3
117+1 pier or public access site under section 2(a) of this chapter:
118+2 (1) The ring life buoy must not be permanently secured in any
119+3 way to a station, rack, or pier.
120+4 (2) The ring life buoy must be stowed inside a station to
121+5 protect it from constant weather exposure.
122+6 (3) The ring life buoy must meet the requirements of:
123+7 (A) 46 CFR 160.050; or
124+8 (B) 46 CFR 160.150;
125+9 for Safety Of Life At Sea (SOLAS) approved equipment, or
126+10 must meet other standards for public rescue equipment issued
127+11 by the United States Coast Guard.
128+12 (4) There must be attached to each ring life buoy a buoyant
129+13 line:
130+14 (A) that:
131+15 (i) is at least one hundred (100) feet long; or
132+16 (ii) if the ring life buoy is secured to a station, rack, or
133+17 pier more than fifty (50) feet away from the Lake
134+18 Michigan shoreline, is at least twenty-five (25) feet
135+19 longer than the distance between the station, rack, or
136+20 pier to which the ring life buoy is secured and the Lake
137+21 Michigan shoreline;
138+22 (B) that has a breaking strength of at least five (5)
139+23 kilonewtons; and
140+24 (C) the end of which must not be secured to the shore.
141+25 (5) The ring life buoy must be marked with type II
142+26 retroreflective material meeting the requirements of 46 CFR
143+27 164.018.
144+28 (6) The ring life buoy:
145+29 (A) must be placed not more than two hundred (200) feet
146+30 from the shoreline of Lake Michigan; and
147+31 (B) must be available for emergency rescue operations.
148+32 (b) A station in which a ring life buoy is stowed under
149+33 subsection (a)(2) must:
150+34 (1) be a bright orange, red, or yellow color for high visibility
151+35 to aid with quick access to the ring life buoy; and
152+36 (2) bear signage that warns lakefront patrons that tampering
153+37 with or misusing public rescue equipment is strictly
154+38 prohibited.
155+39 Sec. 4. (a) A unit of local government that owns one (1) or more
156+40 piers or public access sites on Lake Michigan shall:
157+41 (1) compile information; and
158+42 (2) at least twice per year, publish on the unit's website a
159+ES 253—LS 6787/DI 150 4
160+1 report;
161+2 on lakefront drownings of which the unit is aware that have
162+3 occurred within fifty (50) feet of a pier or public access site owned
163+4 by the unit of local government.
164+5 (b) A report published under subsection (a)(2) must include at
165+6 least the following information:
166+7 (1) The location of each drowning.
167+8 (2) The time of day at which the drowning occurred and the
168+9 temperature and weather conditions at the time and place of
169+10 the drowning.
170+11 (3) A description of:
171+12 (A) the public rescue equipment that was accessible at the
172+13 pier or public access site within fifty (50) feet of the place
173+14 of the drowning;
174+15 (B) how the public rescue equipment described under
175+16 clause (A) may be used; and
176+17 (C) the type of entry into the water of Lake Michigan that
177+18 is available at the pier or public access site within fifty (50)
178+19 feet of the place of the drowning.
179+20 (c) If a drowning has occurred within fifty (50) feet of a pier or
180+21 public access site owned by a unit of local government since the
181+22 previous report of the unit of local government was published
182+23 under subsection (a)(2), the unit of local government shall publish
183+24 on its website, in addition to the report required by subsection
184+25 (a)(2), a water safety plan pertaining to the pier or public access
185+26 site.
186+27 Sec. 5. If more than one (1) drowning occurs not more than fifty
187+28 (50) feet from a particular pier or public access site in a span of
188+29 five (5) years, the owner of the pier or public access site shall:
189+30 (1) disseminate in the area of the pier or public access site a
190+31 water safety plan pertaining to the pier or public access site;
191+32 and
192+33 (2) upgrade the public rescue equipment installed on the pier
193+34 or public access site under section 2(a) of this chapter, such as
194+35 by installing equipment that automatically contacts the local
195+36 911 service in an emergency.
196+37 Sec. 6. The department shall adopt rules under IC 4-22-2 to
197+38 implement this chapter.
198+ES 253—LS 6787/DI 150 5
199+COMMITTEE REPORT
200+Madam President: The Senate Committee on Natural Resources, to
201+which was referred Senate Bill No. 253, has had the same under
202+consideration and begs leave to report the same back to the Senate with
203+the recommendation that said bill DO PASS.
204+ (Reference is to SB 253 as introduced.)
205+
206+GLICK, Chairperson
207+Committee Vote: Yeas 8, Nays 0
208+_____
209+SENATE MOTION
210+Madam President: I move that Senate Bill 253 be amended to read
211+as follows:
212+Page 3, line 33, delete "orange or yellow color for high visibility to
213+aid" and insert "orange, red, or yellow color for high visibility to
214+aid".
215+(Reference is to SB 253 as printed January 30, 2024.)
216+POL JR.
217+_____
218+COMMITTEE REPORT
219+Mr. Speaker: Your Committee on Natural Resources, to which was
220+referred Senate Bill 253, has had the same under consideration and
221+begs leave to report the same back to the House with the
222+recommendation that said bill be amended as follows:
223+Page 2, delete lines 23 through 24, begin a new line block indented
224+and insert:
225+"The term does not include a private residence. The term also
56226 does not include an area of state owned property where
57-swimming is prohibited or where a life guard is on duty.
58-(3) "Public rescue equipment" means water rescue devices
59-available for public use in case of an emergency, including
60-ring life buoys, throw bags, rescue tubes, and rescue poles.
61-Sec. 2. (a) The owner of a pier or public access site on Lake
62-Michigan shall install public rescue equipment on the pier or
63-public access site. The public rescue equipment installed on a pier
64-or public access site under this subsection:
65-(1) must include at least one (1) ring life buoy; and
66-(2) may include other types of public rescue equipment.
67-(b) The owner of a pier or public access site on Lake Michigan:
68-(1) shall oversee the installation and maintenance of the public
69-rescue equipment required by this section; and
70-(2) if the owner is the state of Indiana or a unit of local
71-government, shall also provide public education concerning
72-the public rescue equipment installed on the pier or public
73-access site.
74-Sec. 3. (a) The following apply to a ring life buoy installed on a
75-pier or public access site under section 2(a) of this chapter:
76-(1) The ring life buoy must not be permanently secured in any
77-way to a station, rack, or pier.
78-(2) The ring life buoy must be stowed inside a station to
79-SEA 253 — Concur 3
80-protect it from constant weather exposure.
81-(3) The ring life buoy must meet the requirements of:
82-(A) 46 CFR 160.050; or
83-(B) 46 CFR 160.150;
84-for Safety Of Life At Sea (SOLAS) approved equipment, or
85-must meet other standards for public rescue equipment issued
86-by the United States Coast Guard.
87-(4) There must be attached to each ring life buoy a buoyant
88-line:
89-(A) that:
90-(i) is at least one hundred (100) feet long; or
91-(ii) if the ring life buoy is secured to a station, rack, or
92-pier more than fifty (50) feet away from the Lake
93-Michigan shoreline, is at least twenty-five (25) feet
94-longer than the distance between the station, rack, or
95-pier to which the ring life buoy is secured and the Lake
96-Michigan shoreline;
97-(B) that has a breaking strength of at least five (5)
98-kilonewtons; and
99-(C) the end of which must not be secured to the shore.
100-(5) The ring life buoy must be marked with type II
101-retroreflective material meeting the requirements of 46 CFR
102-164.018.
103-(6) The ring life buoy:
104-(A) must be placed not more than two hundred (200) feet
105-from the shoreline of Lake Michigan; and
106-(B) must be available for emergency rescue operations.
107-(b) A station in which a ring life buoy is stowed under
108-subsection (a)(2) must:
109-(1) be a bright orange, red, or yellow color for high visibility
110-to aid with quick access to the ring life buoy; and
111-(2) bear signage that warns lakefront patrons that tampering
112-with or misusing public rescue equipment is strictly
113-prohibited.
114-Sec. 4. (a) A unit of local government that owns one (1) or more
115-piers or public access sites on Lake Michigan shall:
116-(1) compile information; and
117-(2) at least twice per year, publish on the unit's website a
118-report;
119-on lakefront drownings of which the unit is aware that have
120-occurred within fifty (50) feet of a pier or public access site owned
121-by the unit of local government.
122-SEA 253 — Concur 4
123-(b) A report published under subsection (a)(2) must include at
124-least the following information:
125-(1) The location of each drowning.
126-(2) The time of day at which the drowning occurred and the
127-temperature and weather conditions at the time and place of
128-the drowning.
129-(3) A description of:
130-(A) the public rescue equipment that was accessible at the
131-pier or public access site within fifty (50) feet of the place
132-of the drowning;
133-(B) how the public rescue equipment described under
134-clause (A) may be used; and
135-(C) the type of entry into the water of Lake Michigan that
136-is available at the pier or public access site within fifty (50)
137-feet of the place of the drowning.
138-(c) If a drowning has occurred within fifty (50) feet of a pier or
139-public access site owned by a unit of local government since the
140-previous report of the unit of local government was published
141-under subsection (a)(2), the unit of local government shall publish
142-on its website, in addition to the report required by subsection
143-(a)(2), a water safety plan pertaining to the pier or public access
144-site.
145-Sec. 5. If more than one (1) drowning occurs not more than fifty
146-(50) feet from a particular pier or public access site in a span of
147-five (5) years, the owner of the pier or public access site shall:
148-(1) disseminate in the area of the pier or public access site a
149-water safety plan pertaining to the pier or public access site;
150-and
151-(2) upgrade the public rescue equipment installed on the pier
152-or public access site under section 2(a) of this chapter, such as
153-by installing equipment that automatically contacts the local
154-911 service in an emergency.
155-Sec. 6. The department shall adopt rules under IC 4-22-2 to
156-implement this chapter.
157-SEA 253 — Concur President of the Senate
158-President Pro Tempore
159-Speaker of the House of Representatives
160-Governor of the State of Indiana
161-Date: Time:
162-SEA 253 — Concur
227+swimming is prohibited or where a life guard is on duty.".
228+and when so amended that said bill do pass.
229+(Reference is to SB 253 as reprinted February 6, 2024.)
230+ES 253—LS 6787/DI 150 6
231+LINDAUER
232+Committee Vote: yeas 7, nays 1.
233+ES 253—LS 6787/DI 150