First Regular Session 114th General Assembly (2005)


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    SENATE ENROLLED ACT No. 195




     AN ACT concerning environmental law.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: ; (05)SE0195.1.1. -->     SECTION 1. [EFFECTIVE UPON PASSAGE] (a) As used in this SECTION, "task force" refers to the environmental crimes task force established by this SECTION.
    (b) There is established the environmental crimes task force.
    (c) The task force consists of the following members:
        (1) Two (2) members of the house of representatives appointed by the speaker of the house of representatives. The members appointed under this subdivision may not be members of the same political party.
        (2) Two (2) members of the senate appointed by the president pro tempore of the senate. The members appointed under this subdivision may not be members of the same political party.
        (3) Two (2) members appointed by the governor who are representatives of local government. The members appointed under this subdivision may not be members of the same political party.
        (4) Three (3) members appointed by the governor who are representatives of environmental advocacy organizations.
        (5) Two (2) members appointed by the governor who are representatives of business and industry.
        (6) Two (2) members appointed by the governor who are attorneys with expertise in environmental law.
        (7) The commissioner of the department of environmental

management or the commissioner's designee.
        (8) One (1) member nominated by the attorney general and appointed by the president pro tempore of the senate.
        (9) One (1) member nominated by the prosecuting attorneys council of Indiana and appointed by the speaker of the house of representatives who is a representative of prosecuting attorneys.
        (10) The director of the law enforcement division of the department of natural resources or the director's designee.
        (11) A representative of a business group affected by environmental laws appointed by the governor.
The appointments required under this subsection shall be made before July 1, 2005.
    (d) The appointed members of the task force serve at the pleasure of the appointing authority. The appointing authority shall fill any vacancy on the task force within forty-five (45) days.
    (e) The chairman of the legislative council shall designate a legislative member of the commission to serve as chairperson of the commission.
    (f) The expenses of the task force shall be paid from appropriations made to the legislative council or the legislative services agency.
    (g) The task force shall do the following:
        (1) Conduct studies necessary to prepare a final report that includes at least the following:
            (A) A summary of environmental crime statutes of other states.
            (B) A summary of requirements of federal environmental programs delegated to states.
            (C) A summary of federal criminal sentencing guidelines.
            (D) Recommendations about which environmental law violations should be a misdemeanor, a Class D felony, or a felony of another class.
            (E) If determined appropriate by the task force, recommendations for legislation, including a set of specific statutory standards for determining criminal violations.
        The task force must consider in its studies the full range of issues dealing with environmental law.
        (2) Submit its final report before November 1, 2007, to:
            (A) the governor;
            (B) the executive director of the legislative services agency in an electronic format under IC 5-14-6; and


            (C) the environmental quality service council.
    (h) The department of environmental management shall provide staff support to the task force.
    (i) The task force shall operate under the policies governing study committees adopted by the legislative council.
    (j) A quorum of the task force must be present to conduct business. A quorum consists of a majority of the members of the task force. The task force may not take an official action unless the official action has been approved by at least a majority of the members of the task force.
    (k) This SECTION expires January 1, 2008.

SOURCE: ; (05)SE0195.1.2. -->     SECTION 2. An emergency is declared for this act.


SEA 195 _ Concur

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