Bill Text: IN SB0118 | 2011 | Regular Session | Introduced
Bill Title: Ordinances regulating fertilizers.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-01-05 - First reading: referred to Committee on Energy and Environmental Affairs [SB0118 Detail]
Download: Indiana-2011-SB0118-Introduced.html
Introduced Version
SENATE BILL No. 118
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DIGEST OF INTRODUCED BILL
Citations Affected: IC 15-16-2-50.
Synopsis: Ordinances regulating fertilizers. Allows a political
subdivision to adopt an ordinance to regulate the use of fertilizer
material that contains phosphate.
Effective: July 1, 2011.
Kruse
January 5, 2011, read first time and referred to Committee on Energy and Environmental
Affairs.
Introduced
First Regular Session 117th General Assembly (2011)
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
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SENATE BILL No. 118
A BILL FOR AN ACT to amend the Indiana Code concerning
agriculture and animals.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 15-16-2-50; (11)IN0118.1.1. -->
SECTION 1. IC 15-16-2-50, AS AMENDED BY P.L.81-2009,
SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 50. (a) Except as provided in subsection
subsections (b) and (c), a political subdivision (as defined in
IC 36-1-2-13) does not have authority to regulate by ordinance the
storage or use of fertilizer material.
(b) A political subdivision may, by resolution, petition the state chemist for a hearing to allow a waiver to adopt an ordinance because of special circumstances relating to the storage or use of fertilizer material. If a petition is received, the state chemist shall hold a public hearing to consider allowing the waiver requested. The public hearing must be conducted in an informal manner. IC 4-21.5 does not apply to a public hearing under this section.
(c) A political subdivision may adopt an ordinance to regulate the use of fertilizer material that:
(1) contains phosphate; and
(2) is designed for lawn care use.
If a political subdivision adopts an ordinance under this subdivision, the political subdivision shall deliver a copy of the ordinance to the state chemist at least thirty (30) days before the ordinance becomes effective.
(b) A political subdivision may, by resolution, petition the state chemist for a hearing to allow a waiver to adopt an ordinance because of special circumstances relating to the storage or use of fertilizer material. If a petition is received, the state chemist shall hold a public hearing to consider allowing the waiver requested. The public hearing must be conducted in an informal manner. IC 4-21.5 does not apply to a public hearing under this section.
(c) A political subdivision may adopt an ordinance to regulate the use of fertilizer material that:
(1) contains phosphate; and
(2) is designed for lawn care use.
If a political subdivision adopts an ordinance under this subdivision, the political subdivision shall deliver a copy of the ordinance to the state chemist at least thirty (30) days before the ordinance becomes effective.
