Bill Text: IN SB0532 | 2011 | Regular Session | Enrolled
Bill Title: Various natural resources matters.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Passed) 2011-05-18 - Effective 07/01/2011 [SB0532 Detail]
Download: Indiana-2011-SB0532-Enrolled.html
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
AN ACT to amend the Indiana Code concerning natural and cultural resources and to make
an appropriation.
(1) For purposes of IC 14-9-5, the meaning set forth in IC 14-9-5-1.
(2) For purposes of IC 14-9-8-21, the meaning set forth in IC 14-9-8-21.
(3) For purposes of IC 14-9-8-21.5, the meaning set forth in IC 14-9-8-21.5.
(4) For purposes of IC 14-9-9, the meaning set forth in IC 14-9-9-3.
(5) For purposes of IC 14-12-1, the meaning set forth in IC 14-12-1-1.
(6) For purposes of IC 14-12-2, the meaning set forth in IC 14-12-2-2.
(7) For purposes of IC 14-12-3, the meaning set forth in IC 14-12-3-2.
(8) For purposes of IC 14-13-1, the meaning set forth in IC 14-13-1-2.
(9) For purposes of IC 14-13-2, the meaning set forth in IC 14-13-2-3.
(10) For purposes of IC 14-16-1, the meaning set forth in IC 14-16-1-30.
(11) For purposes of IC 14-19-8, the meaning set forth in IC 14-19-8-1.
(12) For purposes of IC 14-20-1, the meaning set forth in IC 14-20-1-3.
(13) For purposes of IC 14-20-11, the meaning set forth in IC 14-20-11-2.
(14) For purposes of IC 14-21-4, the meaning set forth in IC 14-21-4-10.
(15) For purposes of IC 14-22-3, the meaning set forth in IC 14-22-3-1.
(16) For purposes of IC 14-22-4, the meaning set forth in IC 14-22-4-1.
(17) For purposes of IC 14-22-5, the meaning set forth in IC 14-22-5-1.
(18) For purposes of IC 14-22-8, the meaning set forth in IC 14-22-8-1.
(19) For purposes of IC 14-22-34, the meaning set forth in IC 14-22-34-2.
(20) For purposes of IC 14-23-3, the meaning set forth in IC 14-23-3-1.
(21) For purposes of IC 14-24-4.5, the meaning set forth in IC 14-24-4.5-2(5).
(22) For purposes of IC 14-25-2-4, the meaning set forth in IC 14-25-2-4.
(23) For purposes of IC 14-25-10, the meaning set forth in IC 14-25-10-1.
(24) For purposes of IC 14-25-11-19, the meaning set forth in IC 14-25-11-19.
(25) For purposes of IC 14-25.5, the meaning set forth in IC 14-25.5-1-3.
(26) For purposes of IC 14-28-5, the meaning set forth in IC 14-28-5-2.
(27) For purposes of IC 14-31-2, the meaning set forth in IC 14-31-2-5.
(28) For purposes of IC 14-25-12, the meaning set forth in IC 14-25-12-1.
(29) For purposes of IC 14-32-8, the meaning set forth in IC 14-32-8-1.
(30) For purposes of IC 14-33-14, the meaning set forth in IC 14-33-14-3.
(31) For purposes of IC 14-33-21, the meaning set forth in IC 14-33-21-1.
(32) For purposes of IC 14-34-6-15, the meaning set forth in IC 14-34-6-15.
(33) For purposes of IC 14-34-14, the meaning set forth in IC 14-34-14-1.
(34) For purposes of IC 14-34-19-1.3, the meaning set forth in IC 14-34-19-1.3(a).
(35) For purposes of IC 14-34-19-1.5, the meaning set forth in IC 14-34-19-1.5(a).
(1) an internal combustion, steam, or electrical inboard or outboard motor or engine; or
(2) any mechanical means.
(b) The term includes sailboats that are equipped with a motor or an engine described in subsection (a) when the motor or engine is in operation, whether or not the sails are hoisted.
(c) "Motorboat", for purposes of IC 14-15-11, has the meaning set forth in IC 14-15-11-6.
(d) The term includes a personal watercraft (as defined in section 202.5 of this chapter).
(e) "Motorboat", for purposes of IC 14-22-9-11, has the meaning set forth in IC 14-22-9-11.
(b) If a person refuses to submit to a chemical test after having been advised that the refusal will result in the suspension of operating privileges or submits to a chemical test that results in
prima facie evidence of intoxication, the arresting law enforcement
officer shall do the following:
(1) Obtain the person's driver's license or permit if the person
is in possession of the document and issue a receipt valid until
the initial hearing of the matter is held under IC 35-33-7-1.
(2) Submit a probable cause affidavit to the prosecuting
attorney of the county in which the alleged offense occurred.
(3) Send a copy of the probable cause affidavit submitted
under subdivision (2) to the bureau of motor vehicles.
(1) the results of a portable breath test indicate the presence of alcohol;
(2) the results of a portable breath test do not indicate the presence of alcohol but the law enforcement officer has probable cause to believe the person is under the influence of a controlled substance or another drug; or
(3) the person refuses to submit to a portable breath test;
the law enforcement officer shall offer a chemical test to the person.
(b) A law enforcement officer may offer a person more than one (1) portable breath test or chemical test under this section. However, all chemical tests must be administered within three (3) hours after the fatal accident or the accident involving serious bodily injury.
(c) It is not necessary for a law enforcement officer to offer a portable breath test or chemical test to an unconscious person.
Chapter 13. Motorboat Watersports
Sec. 1. This chapter does not apply when a motorboat is moored, anchored, docked, or aground.
Sec. 2. The requirements and prohibitions set forth in this chapter are in addition to the requirements and prohibitions set forth in IC 14-15-2, IC 14-15-3, IC 14-15-4, 14-15-8 and IC 14-15-12.
Sec. 3. An individual may not do the following:
(1) Operate a motorboat inboard or have the inboard engine of a motorboat run idle while an individual is holding onto the swim platform, swim deck, swim step, swim ladder or any part of the exterior of the transom of a motorboat while the motorboat is underway at any speed.
(2) Operate a motorboat powered by an outboard motor or equipped with an outdrive unit while an individual is:
(A) holding onto the swim platform, swim deck, swim step, swim ladder or any portion of the exterior of the transom of a motorboat while the motorboat is underway at any speed;
(B) swimming, or floating on or in the wake directly behind a motorboat that is underway; or
(C) floating on a board on or in the wake directly behind a motorboat that is underway using the wake itself as the means of propulsion.
(3) Operate a motorboat with the number of individual riders on a towed device that exceeds the listed capacity on the towed device or the owner's manual.
Sec. 4. An individual who violates this chapter commits a Class C infraction.
(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) A crossbow.
(C) The hands alone.
(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 pilot program for the purpose of containing and reducing invasive animal species in the Wabash River. In developing this pilot program, the department may:
(1) allow the taking of a specific invasive animal species by a means described in section 1(2) of this chapter;
(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) A person having a license to use a commercial fishing device in Indiana may ship, carry, or transport outside Indiana fish that the person has legally taken or caught by the commercial fishing device.
(c) A person having a license to hunt, trap, or fish in Indiana may do the following:
(1) Carry, transport, or ship outside Indiana, in open season, in one (1) day, a wild animal that the person has legally taken in open season, not to exceed in number the possession limit of the wild animal.
(2) Ship, carry, or take outside Indiana in one (1) week more than two (2) times the possession limit for the wild animal.
(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)
(e) A person having a breeder's license may ship, carry, or transport outside Indiana a wild animal that the person has legally possessed under the breeder's license in Indiana.
(f) A person 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 having a mussel buyer's license may ship legally taken mussels or mussel shells outside Indiana.
(1) A resident yearly license to fish, eight dollars and seventy-five cents ($8.75).
(2) A resident yearly license to hunt, eight dollars and seventy-five cents ($8.75).
(3) A resident yearly license to hunt and fish, thirteen dollars and seventy-five cents ($13.75).
(4) A resident yearly license to trap, eight dollars and seventy-five cents ($8.75).
(5) A nonresident yearly license to fish, twenty-four dollars and seventy-five cents ($24.75).
(6) A nonresident yearly license to hunt, sixty dollars and seventy-five cents ($60.75).
(7) A nonresident yearly license to trap, one hundred seventeen dollars and seventy-five cents ($117.75). However, a license may not be issued to a resident of another state if that state does not give reciprocity rights to Indiana residents similar to those nonresident trapping privileges extended in Indiana.
(8) A resident or nonresident license to fish, including for trout and salmon, for one (1) day only, four dollars and seventy-five cents ($4.75).
(9) A nonresident license to fish, excluding for trout and salmon, for seven (7) days only, twelve dollars and seventy-five cents ($12.75).
(10) A nonresident license to hunt for five (5) consecutive days only, twenty-five dollars and seventy-five cents ($25.75).
(11) A resident or nonresident yearly stamp to fish for trout and salmon, six dollars and seventy-five cents ($6.75).
(12) A resident yearly license to take a deer with a shotgun, muzzle loading gun, rifle, or handgun, thirteen dollars and seventy-five cents ($13.75).
(13) A resident yearly license to take a deer with a muzzle loading gun, thirteen dollars and seventy-five cents ($13.75).
(14) A resident yearly license to take a deer with a bow and arrow, thirteen dollars and seventy-five cents ($13.75).
(15) A nonresident yearly license to take a deer with a shotgun, muzzle loading gun, rifle, or handgun, one hundred twenty dollars and seventy-five cents ($120.75).
(16) A nonresident yearly license to take a deer with a muzzle loading gun, one hundred twenty dollars and seventy-five cents ($120.75).
(17) A nonresident yearly license to take a deer with a bow and arrow, one hundred twenty dollars and seventy-five cents ($120.75).
(18) A resident license to take an extra deer by a means, in a location, and under conditions established by rule adopted by the department under IC 4-22-2, five dollars ($5).
(19) A nonresident license to take an extra deer by a means, in a location, and under conditions established by rule adopted by the department under IC 4-22-2, ten dollars ($10).
(20) A resident yearly license to take a turkey, fourteen dollars and seventy-five cents ($14.75).
(21) A nonresident yearly license to take a turkey, one hundred fourteen dollars and seventy-five cents ($114.75). However, if the state of residence of the nonresident applicant requires that before
a resident of Indiana may take turkey in that state the resident of
Indiana must also purchase another license in addition to a
nonresident license to take turkey, the applicant must also
purchase a nonresident yearly license to hunt under this section.
(22) A resident license to take an extra turkey by a means, in a
location, and under conditions established by rule adopted by the
department under IC 4-22-2, fourteen dollars and seventy-five
cents ($14.75).
(23) A nonresident license to take an extra turkey by a means, in
a location, and under conditions established by rule adopted by
the department under IC 4-22-2, one hundred fourteen dollars and
seventy-five cents ($114.75). However, if the state of residence of
the nonresident applicant requires that before a resident of
Indiana may take a turkey in that state the resident of Indiana
must also purchase another license in addition to a nonresident
license to take a turkey, the applicant must also purchase a
nonresident yearly license to hunt under this section.
(24) A resident youth yearly consolidated license to hunt, trap,
and fish, six dollars ($6). This license is subject to the following:
(A) An applicant must be less than eighteen (18) years of age.
(B) The license is in lieu of the resident yearly license to hunt,
trap, and fish and all other yearly licenses, stamps, or permits
to hunt, trap, and fish for a specific species or by a specific
means.
(25) A nonresident youth yearly license to hunt, seventeen dollars
($17). The applicant must be less than eighteen (18) years of age.
(26) A nonresident youth yearly license to trap, seventeen dollars
($17). The applicant must be less than eighteen (18) years of age.
(27) A nonresident youth yearly license to take a turkey,
twenty-five dollars ($25). The applicant must be less than
eighteen (18) years of age. However, if the state of residence of
the nonresident applicant requires that before a resident of
Indiana may take a turkey in that state the resident of Indiana
must also purchase another license in addition to a nonresident
license to take a turkey, the applicant must also purchase a
nonresident youth yearly license to hunt under this section.
(28) A nonresident youth license to take an extra turkey by a
means, in a location, and under conditions established by rule
adopted by the department under IC 4-22-2, twenty-five dollars
($25). The applicant must be less than eighteen (18) years of age.
However, if the state of residence of the nonresident applicant
requires that before a resident of Indiana may take a turkey in that
state the resident of Indiana must also purchase another license in
addition to a nonresident license to take a turkey, the applicant
must also purchase a nonresident youth yearly license to hunt
under this section.
(29) A nonresident youth yearly license to take a deer with a
shotgun, muzzle loading gun, or rifle, twenty-four dollars ($24).
The applicant must be less than eighteen (18) years of age.
(30) A nonresident youth yearly license to take a deer with a
muzzle loading gun, twenty-four dollars ($24). The applicant
must be less than eighteen (18) years of age.
(31) A nonresident youth yearly license to take a deer with a bow
and arrow, twenty-four dollars ($24). The applicant must be less
than eighteen (18) years of age.
(32) A nonresident youth license to take an extra deer by a means,
in a location, and under conditions established by rule adopted by
the department under IC 4-22-2, twenty-four dollars ($24). The
applicant must be less than eighteen (18) years of age.
(33) A resident senior yearly license to fish, three dollars ($3).
This license is subject to the following:
(A) An applicant must be at least sixty-four (64) years of age
and born after March 31, 1943.
(B) The license is in lieu of the resident yearly license to fish
and all other yearly licenses, stamps, or permits to fish for a
specific species or by a specific means.
(34) A resident senior "fish for life" license, seventeen dollars
($17). This license is subject to the following:
(A) An applicant must be at least sixty-four (64) years of age
and must have been born after March 31, 1943.
(B) The license applies each year for the remainder of the
license holder's life.
(C) The license is in lieu of the resident senior yearly license
to fish and all other yearly licenses, stamps, or permits to fish
for a specific species or by a specific means.
(35) A voluntary resident senior yearly license to fish, three
dollars ($3). This license is subject to the following:
(A) An applicant must have been born before April 1, 1943.
(B) The license is instead of the resident yearly license to fish
and all other yearly licenses, stamps, and permits to fish for a
specific species or by a specific means.
(b) The commission may set license fees to hunt, trap, or fish above
the minimum fees established under subsection (a).
(c) In addition to the license fees set under this section, the
department shall establish a procedure to collect voluntary donations
for processing wild game when a hunting license is sold. The minimum
suggested donation must be one dollar ($1). The money collected under
this section shall be deposited in the Indiana sportsmen's benevolence
account (IC 14-9-5-4).
(b) The department may issue to an individual who is a resident of Indiana
(1) For an Ohio River commercial fishing license and ten (10) Ohio River commercial gear tags, one hundred twenty-five dollars ($125).
(2) For each block of ten (10) Ohio River commercial fishing gear tags, fifteen dollars ($15).
(1) Shovelnose sturgeon.
(2) Paddlefish
(3) Bowfin.
(b) For the purpose of this subsection, "roe" means the eggs or gametes of a fish listed in subsection (a).
(c) An individual may not harvest, possess, or sell roe without a license issued under this section.
(d) The department may issue to an individual who is a resident of Indiana a license to harvest, possess, and sell the roe under rules adopted under IC 4-22-2. The individual must leave the roe intact and inside the body of the fish until sold to a licensed roe dealer. The individual must sell the roe only to a roe dealer licensed by the department. The department shall limit the number of licenses that are available.
(e) The department may issue a person a roe dealer's license to purchase and process roe. A person may not transport roe outside Indiana except according to the terms of a license issued under this subsection.
(f) The following are the minimum application fees for these licenses:
(1) Roe harvester's license, one thousand dollars ($1,000).
(2) Roe dealer's license, five thousand dollars ($5,000).
(g) The commission may set license fees above the minimum fees established under subsection (f). The amount may not be more than is reasonably necessary to generate revenue sufficient to offset the costs incurred by the department in carrying out its responsibilities under this chapter.
(1) is valid for one (1) year; and
(2) expires December 31 of the year for which the license is valid.
(1) a license issued under this chapter;
(2) this chapter; or
(3) rules adopted under this article to implement this chapter;
is subject to suspension or revocation of the person's license.
(b) A license revoked under this section may not be reinstated.
(c) A person who knowingly or intentionally violates this chapter commits a Class A misdemeanor.
(1) Indiana waters;
(2) waters containing state owned fish; or
(3) boundary waters of Indiana;
without a
(1) is valid for one (1) year; and
(2) expires December 31 of the year for which the license is issued.
having a charter fishing boat operator's guide's license shall keep an
accurate record of the following:
(1) Each day's catch of fish.
(2) Other related information that the department requires by rule.
(b) Before the fifteenth day of each month, the charter fishing boat
operator guide shall report the previous month's record required under
subsection (a) to the department on forms furnished by the department.
The report shall be made even if no fish are caught.
(1) fails to keep accurate records in violation of section 4(a) of this chapter; or
(2) fails to report monthly to the department in violation of section 4(b) of this chapter;
commits a Class C
(1) resides in a state other than Indiana; and
(2) has
is not required to obtain a license under this chapter.
(1) hold a license issued under this chapter;
(2) have in the
(3) have in the
if a stamp is required.
(b) Federal money received is considered appropriated and allotted at the time of grant approval for specific projects included in the approved grant.
(b) The acid mine drainage abatement and treatment fund is established for the purpose of the abatement of the causes and the treatment of the effects of acid mine drainage. The department shall administer the fund.
(c) The fund consists of the following:
(1) Accrued interest and other investment earnings of the fund.
(2) Gifts, grants, donations, or appropriations from any source.
(d) Money in the fund does not revert to the state general fund at the end of a fiscal year.
(e) 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.
aside fund established by subsection (b).
(b) The reclamation set-aside fund is established for following purposes:
(1) The protection of public health and property from the extreme danger of the adverse effects of coal mining practices.
(2) The assurance that safety and general welfare are not affected by the extreme danger of adverse effects of coal mining practices.
(3) The protection of public health from the adverse effects of coal mining practices.
(4) The assurance that safety and general welfare are not affected by the adverse effects of coal mining practices.
(5) The restoration of land and water resources and the environment previously degraded by adverse effects of coal mining practices, including measures for the conservation and development of soil, water, excluding channelization, woodland, fish and wildlife, recreation resources, and agricultural productivity.
(c) The department shall administer the fund.
(d) The fund consists of the following:
(1) Accrued interest and other investment earnings of the fund.
(2) Gifts, grants, donations, or appropriations from any source.
(e) Money in the fund does not revert to the state general fund at the end of a state fiscal year.
(f) 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.
(1) The protection of public health, safety, general welfare, and property from extreme danger of adverse effects of coal mining practices.
(2) The protection of public health and safety
(3) The restoration of land and water resources and the environment previously degraded by adverse effects of coal mining practices, including measures for the conservation and development of soil, water, excluding channelization, woodland, fish and wildlife, recreation resources, and agricultural productivity.
(b) Not more than thirty percent (30%) of money from funds under section 1 of this chapter that is received from the federal government on an annual basis may be expended on water supply restoration projects.
(1) land or water resources have been adversely affected by past coal mining practices;
(2) the adverse effects of past coal mining practices are at a stage where, in the public interest, action to restore, reclaim, abate, control, or prevent should be taken; and
(3) the owners of the land or water resources where entry must be made to restore, reclaim, abate, control, or prevent the adverse effects of past coal mining practices:
(A) are not known or readily available; or
(B) will not give permission for:
(i) the United States;
(ii) the state;
(iii) a political subdivision; or
(iv) an agent, an employee, or a contractor of the United States, the state, or the political subdivision;
to enter upon the property to restore, reclaim, rebate, control,
or prevent the adverse effects of past coal mining practices.
(b) The director may, upon giving notice by mail to the owners if
known or if not known by posting notice upon the premises and
advertising one (1) time in a newspaper of general circulation in the
county in which the land lies, do the following:
(1) Enter upon the property adversely affected by past coal mining
practices and any other property to have access to that property.
(2) Do all things necessary or expedient to restore, reclaim, abate,
control, or prevent the adverse effects of past coal mining
practices.
(c) Entry under this section is:
(1) an exercise of the police power for the protection of public
health and safety; and general welfare; and
(2) not an act of:
(A) condemnation of property; or
(B) trespass.
(d) The money expended for the work and the benefits accruing to
the premises entered under this section:
(1) is chargeable against the land; and
(2) mitigates or offsets:
(A) a claim in; or
(B) an action brought by an owner of;
an interest in the premises for alleged damages by virtue of the
entry.
However, this subsection does not create new rights of action or
eliminate existing immunities.
(1) shall itemize the money expended; and
(2) may, subject to subsection (b), file a statement with the county recorder in the county in which the land lies together with a notarized appraisal by an independent appraiser of the value of the land before the restoration, reclamation, abatement, control, or prevention of adverse effects of past coal mining practices if the money expended results in a significant increase in property value. The statement constitutes a lien upon the land. The lien may not exceed the amount determined by the appraisal to be the increase in the market value of the land as a result of the restoration, reclamation, abatement, control, or prevention of the
adverse effects of past coal mining practices.
(b) A lien may not be filed against the property of a person under
subsection (a) who
(1) owned the surface before May 2, 1977; and
(2) did not:
(A) (1) consent to;
(B) (2) participate in; or
(C) (3) exercise control over;
the mining operation that necessitated the reclamation performed under
this chapter.
(c) The landowner may petition within sixty (60) days of the filing
of the lien to determine the increase in the market value of the land as
a result of the restoration, reclamation, abatement, control, or
prevention of the adverse effects of past coal mining practices. The
amount reported to be the increase in value of the premises constitutes
the amount of the lien and shall be recorded with the statement filed
under subsection (a). A party aggrieved by the decision may appeal as
provided by law.
(d) The director shall record the lien with the county recorder in the
county in which the land is located. The statement:
(1) constitutes a lien upon the land as of the date of the
expenditure of the money; and
(2) has priority as a lien second only to the lien of real estate taxes
imposed upon the land.
(b) An emergency rule adopted under this SECTION expires on the earlier of the following:
(1) The date the natural resources commission adopts permanent rules under IC 4-22-2 to replace the emergency rules.
(2) July 1, 2012.
(c) This SECTION expires July 1, 2012.
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