Bill Text: IN HB1279 | 2012 | Regular Session | Introduced
Bill Title: Various natural resources matters.
Spectrum: Bipartisan Bill
Status: (Enrolled - Dead) 2012-03-19 - Signed by the Governor [HB1279 Detail]
Download: Indiana-2012-HB1279-Introduced.html
Citations Affected: IC 4-13-1-3; IC 4-20.5; IC 5-13-6-1;
IC 6-1.1-6-19; IC 14-9-4-1; IC 14-18-1.5; IC 14-22; IC 14-24;
IC 14-25-1-8; IC 14-34-6-15; IC 14-37-10-3.
Effective: July 1, 2012.
January 10, 2012, read first time and referred to Committee on Natural Resources.
Digest Continued
catches, sells, or barters live minnows or crayfish to have a bait dealer's
license.) Increases the number of annual free sport fishing days that
may be designated from two to four. Allows the sale of game and
furbearing mammals for food purposes under a game breeding license.
Removes swamp rabbits from the list of exempted animals under a
game breeding license. Requires all individuals to have a hunting
license to shoot on a shooting preserve, and removes the requirement
that nonresidents have a special license to shoot on shooting preserves.
Removes authority of a meat processing facility to give properly tagged
deer meat that is not claimed to another person. Provides that the
entirety of an area declared to be infested with a pest or pathogen must
be operated according to standards of the natural resources commission
(commission). (Current law specifies the infested area in terms of
portions of townships.) Changes the nursery stock certificate expiration
date from September 30 to December 31. Changes the procedures that
the commission must follow when mediating surface water disputes.
Establishes the reclamation cash bond account within the post-1977
abandoned mine reclamation fund. Requires that bonds forfeited under
the abandoned oil and gas well law be placed in the oil and gas
environmental fund. Makes technical and conforming changes.
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
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
A BILL FOR AN ACT to amend the Indiana Code concerning
natural and cultural resources.
(1) General services.
(2) Property management.
(3) Information services.
(4) Public works.
(b) The commissioner may do the following:
(1) Organize the department and its divisions.
(2) Transfer or merge functions between divisions in the interest of economy and efficiency.
(3) Terminate certain divisions within the department whenever possible.
(c) The commissioner may exercise direction and supervision over
the divisions in the performance of their respective functions, subject
to the approval of the governor.
(b) Except as provided in subsections (d), (f), and (g), all public funds collected by state officers, other than the treasurer of state, shall be deposited with the treasurer of state, or an approved depository selected by the treasurer of state not later than the business day following the receipt of the funds. The treasurer of state shall deposit daily on business days of the depository all public funds deposited with the treasurer of state. Deposits do not relieve any state officer from the duty of maintaining a cashbook under IC 5-13-5-1.
(c) Except as provided in subsection (d), all local officers, except township trustees, who collect public funds of their respective political subdivisions, shall deposit funds not later than the business day following the receipt of funds on business days of the depository in the depository or depositories selected by the several local boards of finance that have jurisdiction of the funds. The public funds collected by township trustees shall be deposited in the designated depository on or before the first and fifteenth day of each month. Public funds deposited under this subsection shall be deposited in the same form in which they were received.
(d) A city (other than a consolidated city) or a town shall deposit funds not later than the next business day following the receipt of the funds in depositories:
(1) selected by the city or town as provided in an ordinance adopted by the city or the town; and
(2) approved as depositories of state funds.
(e) All local investment officers shall reconcile at least monthly the balance of public funds, as disclosed by the records of the local
officers, with the balance statements provided by the respective
depositories.
(f) An office of:
(1) the department of natural resources; or
(2) the department of state revenue;
that is detached from the main office of the department is not required
to deposit funds on the business day following receipt if the funds on
hand do not exceed one hundred dollars ($100). five hundred dollars
($500). However, the office must deposit the funds on hand not later
than the business day following the day that the funds exceed one
hundred dollars ($100). five hundred dollars ($500).
(g) An office of the legislative branch of state government is not
required to deposit funds on the business day following receipt if the
funds on hand do not exceed one hundred dollars ($100). However, the
office must deposit the funds on hand not later than the business day
following the day that the funds exceed one hundred dollars ($100).
(1) Accounting.
(2) Administrative support services.
(3) Budget.
(4) Engineering.
(5) Entomology and plant pathology.
(6) Fish and wildlife.
(7) Forestry.
(8) Historic preservation and archeology.
(9) Human resources.
(10) Internal audit.
(11) Land acquisition.
(12) Law enforcement.
(13) Management information systems.
(14) Nature preserves.
(15) Oil and gas.
(16) Outdoor recreation.
(17) Public information and education.
(18) Reclamation.
(19) Reservoir management.
(20) Safety and training.
(21) State parks.
(22) Water.
(23) State land office.
Chapter 1.5. The State Land Office
Sec. 1. The state land office is established as a division of the department.
Sec. 2. The director shall provide for the organization and management of the state land office.
Sec. 3. (a) This section does not apply to the following:
(1) An instrument or a document of either of the following:
(A) The Indiana department of transportation.
(B) A state educational institution.
(2) A lease of property for a term of four (4) years or less.
(b) The state land office shall serve as the repository for any instrument relating to past or current ownership or possession of property by the state.
Sec. 4. (a) The state land office shall prepare and maintain property record maps and plats of property owned by the state, whether owned in the past or currently owned.
(b) The maps and plats maintained by the state land office must include the following information:
(1) Maps showing each county and the boundaries of each county.
(2) Plats of each parcel of property owned by the state, showing the metes and bounds of the parcel.
The maps and plats must show the appropriate townships, ranges, sections, parts of sections, and other appropriate geographic information.
(c) The state land office may maintain appropriate materials to
assist the state land office in developing and maintaining the
property records required by this section, including the following:
(1) Aerial photography.
(2) United States Geographical Survey maps.
(3) Commercial and governmental plat books.
(4) Survey plats and notes prepared for agencies by registered
land surveyors.
Sec. 5. (a) Subject to IC 5-14-3, the state land office shall
provide copies of records maintained by the state land office.
(b) The director shall establish a reasonable copying charge for
copies of records that are not standard sized documents (as defined
by IC 5-14-3-2) provided by the state land office.
Sec. 6. The commission may adopt rules under IC 4-22-2 to
implement this chapter.
Sec. 7. (a) The rules adopted by the Indiana department of
administration before July 1, 2012, concerning the state land office
are considered, after June 30, 2012, rules of the commission. A
reference to the state land office within the Indiana department of
administration in a statute, rule, or other document before July 1,
2012, is considered a reference to the state land office within the
department.
(b) All powers, duties, assets, liabilities, records, property,
appropriations, and employees of the state land office within the
Indiana department of administration on June 30, 2012, are
transferred to the state land office within the department.
(1) is acting in the performance of the employee's or individual's duties; and
(2) has received the express written consent of the director for the employee's or individual's action.
(b)
(1) not required by law on a motor vehicle; and
(2) in search of or upon any wild bird or wild animal;
from a vehicle while the person possesses a firearm, bow, or crossbow, if by throwing or casting the rays a wild bird or wild animal could be killed. This subsection applies even though the animal is not killed, injured, shot at, or otherwise pursued.
(c)
(d)
(1) is acting in the performance of the employee's or individual's duties; and
(2) has received the express written consent of the director for the employee's or individual's action.
(b)
(1) use or possess an apparatus designed for use with or on a firearm commonly called a silencer; or
(2) use or possess a device used as a silencer;
in Indiana while in the act of hunting.
(b) The department shall determine the form of the migratory waterfowl stamp and may create and sell commemorative migratory waterfowl stamps.
payment of a fee of six dollars and seventy-five cents ($6.75). Each
stamp expires on March 31 of the year following issuance.
(b) The department shall
(1) Means of:
(A) a weir;
(B) an electric current;
(C) dynamite or other explosive;
(D) a net;
(E) a seine;
(F) a trap; or
(G) any other substance that has a tendency to stupefy or poison fish.
(2) Means of the following:
(A) A firearm.
(b) The methods or devices in this section may be possessed and used:
(1) under special permit issued by the director under rules that the director provides; or
(2) as otherwise provided by law.
(1) an internal combustion, steam, or electrical inboard or outboard motor or engine; or
(2) any mechanical means.
The term does not include a personal watercraft.
(b) The department shall establish and implement a
(1) allow the taking of a specific invasive animal species by a means described in section
(2) may require the use of ammunition described in 50 CFR 20.21(j); or
(3) require a hunting or fishing license under IC 14-22-12-1.
(c) 312 IAC 9-2-2(d), as in effect July 1, 2011, does not apply to this section.
(b)
(c)
(d) Hides and furs of furbearing animals legally taken in open season may be shipped or carried outside Indiana in any number:
(1) during the open season; or
(2) after open season as allowed by rule.
(e)
carry, or transport outside Indiana a wild animal that the person
individual has legally possessed under the breeder's license in Indiana.
(f) A person An individual may not ship, carry, or transport or
accept for transportation or shipment to a place in Indiana or outside
Indiana a wild animal unless the wild animal is enclosed in a package
or container on which there is clearly, legibly, and conspicuously
marked on the outside of the package or container the following
information:
(1) The name and address of the shipper and the consignee.
(2) An accurate statement of the number or quantities and kinds
of wild animals contained.
The shipper shall produce the license required under this article
authorizing the person to take or possess the wild animal. If the wild
animal is carried by the licensee personally, the wild animal shall be
carried openly for inspection, together with the license.
(g) A person An individual having a mussel buyer's license may
ship legally taken mussels or mussel shells outside Indiana.
(1) devoted or best adaptable for the production of crops, fruits, timber, and the raising of livestock; or
(2) assessed as agricultural land for property tax purposes.
(b) An individual may not take or chase, with or without dogs, a wild animal without having a license, except as follows:
(1) An individual who is a resident or nonresident of Indiana while participating in a field trial that has been sanctioned by the director is not required to possess a license while participating in the trial.
(2)
(3) A lessee of farmland who farms that land and is a resident of Indiana and the spouse and children living with the lessee may hunt, fish, and trap without a license on the leased land. This subdivision does not apply to land that is:
(A) owned, leased, or controlled by; and
(B) leased from;
the department.
(4) An individual who:
(A) is less than thirteen (13) years of age;
(B) does not possess a bow or firearm; and
(C) is accompanying an individual who:
(i) is at least eighteen (18) years of age; and
(ii) holds a valid license;
may chase a wild animal without having a license.
(c) The exceptions provided in this section do not apply to a commercial license issued under this article.
may hunt or fish in Indiana after obtaining the proper resident license. A nonresident described in this subsection must carry on the
nonresident's person, when fishing or hunting, the license and a card or
other evidence that identifies the nonresident as a person an individual
qualified to obtain a license under this subsection.
(b) A nonresident of Indiana who:
(1) is less than eighteen (18) years of age; and
(2) has a parent, grandparent, or legal guardian who is a resident
of Indiana;
may hunt, fish, or trap in Indiana after obtaining the proper resident
license.
(b) The fee for a license is as follows:
(1) Ten dollars ($10) for residents.
(2) Fifty dollars ($50) for nonresidents.
(1) acquires a game bird, game mammal, or furbearing mammal alive, legally in open season; or
(2) purchases the bird or mammal from a licensed game breeder;
may apply for a breeder's license within five (5) days after acquiring the animal from the licensed game breeder or within five (5) days after the last day of the open season for the animal. Otherwise, the animal shall be released.
(1) Marten.
(2) Nutria.
(3) Mink.
(4) Chinchilla.
(5) Domesticated rabbits, except cottontail.
(b) The:
(1) breeding, raising, and producing in captivity; and
(2) marketing;
of an animal listed in subsection (a) is considered an agricultural pursuit. All animals so raised in captivity are considered domestic animals so that a game breeding license is not required to possess such an animal.
(c) A person engaged in the breeding, raising, and producing in captivity and marketing of the furbearing mammals listed in subsection (a) shall, upon request, do the following:
(1) Register with the department.
(2) Make annual reports concerning the number of animals held and sold. These reports are confidential.
(1) unlawfully takes or possesses a deer or wild turkey;
(2) takes or possesses a deer or wild turkey by illegal methods or with illegal devices; or
(3) except as provided in
shall reimburse the state five hundred dollars ($500) for the first violation and one thousand dollars ($1,000) for each subsequent violation.
(b) The money shall be deposited in the conservation officers fish and wildlife fund. This penalty is in addition to any other penalty under the law.
(b) The certificate shall be prepared on a commission form and must state the following:
(1) That the nursery stock has been inspected by the division.
(2) That to the best knowledge and belief of the nurseryman, the nursery stock is free from pests and pathogens.
(c) A copy of the certificate must be attached to each package of nursery stock before shipment of the stock by a nurseryman.
(d) A certificate issued under this section expires
(e) The division shall communicate to nurserymen that methyl bromide soil fumigation is preferred to produce pest and disease free forest seedlings. Fumigation with methyl bromide of seedling beds before seeding is an official control treatment to assure pest free
nursery stock.
(b) The post-1977 abandoned mine reclamation fund is established. The fund consists of bond forfeiture money collected under section 16 of this chapter and the civil penalties described in IC 14-34-16-9. The fund may be used as follows:
(1) To effect the restoration of land not otherwise eligible for federal funding on which there has been surface mining activity after August 3, 1977.
(2) To replace domestic water supplies disrupted or affected by a surface coal mining and reclamation operation, including the disposal of coal combustion waste (as defined in IC 13-19-3-3), where the surface coal mining and reclamation operation has been completed and is no longer subject to IC 14-34.
The money held for this purpose may not exceed an amount established by the department that is sufficient to enable the director to cover the
anticipated cost of restoration.
(c) At least five hundred thousand dollars ($500,000) in the fund is
dedicated as collateral for the bond pool under IC 14-34-8 and may not
be used for the restoration of land or replacement of water described in
subsection (b).
(c) The reclamation cash bond account is established within the
fund and consists of bond forfeiture money collected under section
16 of this chapter. The account must be maintained in a manner
that complies with the regulations of the federal Office of Surface
Mining.
(d) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested. Interest that accrues
from these investments shall be deposited in the fund.
(e) Money in the fund at the end of a state fiscal year does not revert
to the state general fund.
(1) Annual fees for oil and gas wells received under IC 14-37-5.
(2) Accrued interest and other investment earnings of the fund.
(3) Civil penalties collected under IC 14-37-13-3.
(4) Bonds forfeited under IC 14-37-13-2.
(5) Gifts, grants, donations, or appropriations from any source.