Reprinted
April 13, 2011
ENGROSSED
SENATE BILL No. 532
_____
DIGEST OF SB 532
(Updated April 12, 2011 3:25 pm - DI 116)
Citations Affected: IC 14-8; IC 14-15; IC 14-22; IC 14-33; IC 14-34;
noncode.
Synopsis: Various natural resources matters. Makes certain changes to
the implied consent law while operating a motorboat. Requires that a
portable breath test must be offered to a person who operates a
motorboat that was involved in a fatal accident or an accident involving
serious bodily injury. Provides that a person who refuses to take a
breath test related to the operation of a motorboat must be informed
their motor vehicle operation privileges will be suspended. (Current
law applies to motorboat operation privileges.) Prohibits certain
activities on the swim platform, in the wake, or on a towed device of
certain motorboats. Provides that a violation of these prohibitions is a
(Continued next page)
Mishler
, Steele,
Buck, Young R
(HOUSE SPONSORS _ EBERHART, CHEATHAM)
January 18, 2011, read first time and referred to Committee on Agriculture and Natural
Resources.
January 25, 2011, amended, reported favorably _ Do Pass.
January 31, 2011, read second time, amended, ordered engrossed.
February 3, 2011, engrossed.
February 8, 2011, read third time, passed. Yeas 47, nays 1.
HOUSE ACTION
March 28, 2011, read first time and referred to Committee on Natural Resources.
April 7, 2011, reported _ Do Pass.
April 12, 2011, read second time, amended, ordered engrossed.
Digest Continued
Class C infraction. Allows hides and furs to be transported out of
Indiana after open season as allowed by rule. (Current law requires
shipment within five days after the end of open season.) Allows the
department of natural resources (DNR) to issue combined hunting,
fishing, and trapping licenses. Removes DNR's authority to issue a
commercial fishing license for the Ohio River to a Kentucky resident.
Establishes a roe harvester and roe dealer's license concerning certain
fish species. Allows a person who violates the commercial fishing
statutes to have administrative action taken on their license or to be
charged with a Class A misdemeanor. Changes the name of "charter
fishing boat" licenses to "fishing guide" licenses. Makes certain fishing
guide violations a Class C misdemeanor. (Current law is a Class C
infraction.) Requires the DNR to establish a pilot program for the
purpose of containing and reducing invasive animal species in the
Wabash River. Makes certain changes to the falconry laws. Provides
that federal money for restoration of abandoned mine land must be
deposited into separate funds. Makes changes in how money in the
funds may be used. Creates the acid drainage and treatment fund and
the reclamation set aside fund. Makes certain changes to the abandoned
mine laws. Repeals a requirement that DNR adopt rules concerning
commercial fishing on the Ohio River that conform to Kentucky laws.
Limits conservation districts' repayment to the natural resources
commission for expenses pertaining to investigations, surveys, or
hearings to only expenses incurred for services provided by an entity
that is not a state agency.
Reprinted
April 13, 2011
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
this style type.
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
this style type reconciles conflicts
between statutes enacted by the 2010 Regular Session of the General Assembly.
ENGROSSED
SENATE BILL No. 532
A BILL FOR AN ACT to amend the Indiana Code concerning
natural and cultural resources and to make an appropriation.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 14-8-2-107; (11)ES0532.2.1. -->
SECTION 1. IC 14-8-2-107, AS AMENDED BY P.L.85-2008,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 107. "Fund" has the following meaning:
(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).
(34) (36) For purposes of IC 14-37-10, the meaning set forth in
IC 14-37-10-1.
SOURCE: IC 14-8-2-169; (11)ES0532.2.2. -->
SECTION 2. IC 14-8-2-169 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 169. (a) "Motorboat",
for purposes of IC 14-15, except as provided in subsection (c), means
a watercraft propelled by:
(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.
SOURCE: IC 14-8-2-245.2; (11)ES0532.2.3. -->
SECTION 3. IC 14-8-2-245.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 245.2. "Roe" for purposes of
IC 14-22-13-2.5, has the meaning set forth in IC 14-22-13-2.5(b).
SOURCE: IC 14-15-8-11; (11)ES0532.2.4. -->
SECTION 4. IC 14-15-8-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 11.
(a) A person who
operates a motorboat in water over which Indiana has jurisdiction
impliedly consents to submit to the chemical test provisions of this
chapter as a condition of operating a motorboat in Indiana. If a person
refuses to submit to a chemical test under this chapter, the court shall
order the person to not operate a motorboat for at least one (1) year.
(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.
SOURCE: IC 14-15-8-12.5; (11)ES0532.2.5. -->
SECTION 5. IC 14-15-8-12.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 12.5. (a) A law enforcement
officer shall offer a portable breath test or chemical test to any
person if the officer has reason to believe the person operated a
motorboat that was involved in a fatal accident or an accident
involving serious bodily injury. If:
(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.
SOURCE: IC 14-15-8-15; (11)ES0532.2.6. -->
SECTION 6. IC 14-15-8-15 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 15. If a person refuses
to submit to a chemical test under this chapter, the law enforcement
officer shall inform the person that the person's refusal will result in the
suspension of the person's motorboat and motor vehicle operation
privileges.
SOURCE: IC 14-15-13; (11)ES0532.2.7. -->
SECTION 7. IC 14-15-13 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]:
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.
SOURCE: IC 14-22-9-1; (11)ES0532.2.8. -->
SECTION 8. IC 14-22-9-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. (a) Except as
allowed by section sections 3 and 11 of this chapter, a person may not
take fish from waters containing state owned fish, waters of the state,
or boundary waters of the state by the following:
(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.
SOURCE: IC 14-22-9-11; (11)ES0532.2.9. -->
SECTION 9. IC 14-22-9-11 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]: Sec. 11. (a) As used in this section, "motorboat" means a
watercraft propelled by:
(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.
SOURCE: IC 14-22-10-3; (11)ES0532.2.10. -->
SECTION 10. IC 14-22-10-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 3. (a) A person may not
take, carry, ship, transport, or accept for shipment or transportation
outside Indiana a wild animal protected by Indiana law, except as
provided in this article.
(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) within five (5) days after the last day of the after open season
as allowed by rule.
(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.
SOURCE: IC 14-22-12-1; (11)ES0532.2.11. -->
SECTION 11. IC 14-22-12-1, AS AMENDED BY P.L.46-2010,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 1. (a) The department may issue the following
licenses
individually or in combination and, except as provided in
section 1.5 of this chapter and subject to subsection (b), shall charge
the following minimum license fees to hunt, trap, or fish in 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).
SOURCE: IC 14-22-13-2; (11)ES0532.2.12. -->
SECTION 12. IC 14-22-13-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 2. (a) This section
applies to the Ohio River waters of Indiana.
(b) The department may issue to an individual who is a resident of
Indiana or Kentucky a license to use in, and to possess for use in, the
water seines, nets, or other commercial fishing gear under rules
adopted under IC 4-22-2 upon payment of the following fee:
(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).
SOURCE: IC 14-22-13-2.5; (11)ES0532.2.13. -->
SECTION 13. IC 14-22-13-2.5 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 2.5. (a) This section applies to the
harvest or sale of the following roe bearing species:
(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.
SOURCE: IC 14-22-13-9; (11)ES0532.2.14. -->
SECTION 14. IC 14-22-13-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 9. A license issued
under section 1 or 2 of this chapter:
(1) is valid for one (1) year; and
(2) expires December 31 of the year for which the license is valid.
SOURCE: IC 14-22-13-10; (11)ES0532.2.15. -->
SECTION 15. IC 14-22-13-10 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 10. (a) A person who knowingly
or intentionally fails to comply with the requirements of:
(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.
SOURCE: IC 14-22-15-1; (11)ES0532.2.16. -->
SECTION 16. IC 14-22-15-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. An individual may
not take another individual sport fishing for hire on:
(1) Indiana waters;
(2) waters containing state owned fish; or
(3) boundary waters of Indiana;
without a charter fishing boat operator's guide's license issued by the
director.
SOURCE: IC 14-22-15-2; (11)ES0532.2.17. -->
SECTION 17. IC 14-22-15-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 2. The annual fee for
a charter fishing boat operator's guide's license for a resident or a
nonresident is one hundred dollars ($100).
SOURCE: IC 14-22-15-3; (11)ES0532.2.18. -->
SECTION 18. IC 14-22-15-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 3. A
charter fishing
boat operator's guide's license:
(1) is valid for one (1) year; and
(2) expires December 31 of the year for which the license is
issued.
SOURCE: IC 14-22-15-4; (11)ES0532.2.19. -->
SECTION 19. IC 14-22-15-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 4. (a) An individual
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.
SOURCE: IC 14-22-15-6; (11)ES0532.2.20. -->
SECTION 20. IC 14-22-15-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 6. A person An
individual who acts as a charter fishing boat operator guide without a
license in violation of section 1 of this chapter commits a Class B
infraction.
SOURCE: IC 14-22-15-7; (11)ES0532.2.21. -->
SECTION 21. IC 14-22-15-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 7. A person An
individual who recklessly, knowingly, or intentionally:
(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 infraction. misdemeanor.
SOURCE: IC 14-22-23-1; (11)ES0532.2.22. -->
SECTION 22. IC 14-22-23-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. A person An
individual may not practice falconry in Indiana without a license
issued by the department. under this chapter.
SOURCE: IC 14-22-23-2; (11)ES0532.2.23. -->
SECTION 23. IC 14-22-23-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 2. The department may
issue a falconry license to a person An individual who:
(1) possesses; or
(1) resides in a state other than Indiana; and
(2) has applied for; a valid federal falconry license to practice
falconry in the individual's state of residence;
is not required to obtain a license under this chapter.
SOURCE: IC 14-22-23-5; (11)ES0532.2.24. -->
SECTION 24. IC 14-22-23-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 5. To take wildlife in
the practice of falconry, a person an individual must:
(1) hold a license issued under this chapter;
(2) have in the person's individual's possession the type of
hunting license required under this article for the taking of the
wildlife; and
(3) have in the person's individual's possession the stamp
required by IC 14-22-7 or IC 14-22-8 for the taking of the wildlife
if a stamp is required.
SOURCE: IC 14-33-2-20; (11)ES0532.2.25. -->
SECTION 25. IC 14-33-2-20 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 20. The expenses of the
hearings and other expenses of necessary investigations and surveys,
together with any expense incurred by the commission in subsequent
studies of district plans, are payable initially out of the general money
of the commission. The district shall repay the expenditures, not to
exceed thirty percent (30%) of the amount paid by the district to
independent private engineers for the preparation of plans, to the
commission from the district's planning money. Commission expenses
include only expenses incurred by an assisting or a cooperating state
agency for services provided by an entity that is not a state agency.
SOURCE: IC 14-34-19-1; (11)ES0532.2.26. -->
SECTION 26. IC 14-34-19-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. (a) Money received
by the department from the federal government for use in the
restoration of abandoned mine land under this chapter shall be
deposited in a separate dedicated fund funds administered by the
department. The fund funds may only be used to effect the restoration
of abandoned mine land under this chapter.
(b) Federal money received is considered appropriated and allotted
at the time of grant approval for specific projects included in the
approved grant.
SOURCE: IC 14-34-19-1.3; (11)ES0532.2.27. -->
SECTION 27. IC 14-34-19-1.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 1.3. (a) As used in this section,
"fund" refers to the acid mine drainage abatement and treatment
fund established by subsection (b).
(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.
SOURCE: IC 14-34-19-1.5; (11)ES0532.2.28. -->
SECTION 28. IC 14-34-19-1.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 1.5. (a) As used in this section,
"fund" refers to the reclamation set-
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.
SOURCE: IC 14-34-19-3; (11)ES0532.2.29. -->
SECTION 29. IC 14-34-19-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 3.
(a) Expenditure of
money from the fund created by section 1 of this chapter on lands and
water eligible under section 2 of this chapter must reflect the following
priorities in the order stated:
(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 and general welfare
from adverse effects of coal mining practices.
(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.
(4) Research and demonstration projects relating to the
development of surface mining reclamation and water quality
control program methods and techniques.
(5) The protection, repair, replacement, construction, or
enhancement of public facilities such as utilities, roads,
recreation, and conservation facilities adversely affected by coal
mining practices.
(6) The development of publicly owned land adversely affected
by coal mining practices, including land acquired under this
chapter for recreation, historic, conservation, and reclamation
purposes and open space benefits.
(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.
SOURCE: IC 14-34-19-4; (11)ES0532.2.30. -->
SECTION 30. IC 14-34-19-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 4. (a) This section
applies if the director makes a finding of fact that:
(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.
SOURCE: IC 14-34-19-12; (11)ES0532.2.31. -->
SECTION 31. IC 14-34-19-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 12. (a) Within six (6)
months after the completion of projects to restore, reclaim, abate,
control, or prevent adverse effects of past coal mining practices on
privately owned land, the director:
(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.
SOURCE: IC 14-22-13-6; (11)ES0532.2.32. -->
SECTION 32. IC 14-22-13-6 IS REPEALED [EFFECTIVE JULY
1, 2011].
SOURCE: ; (11)ES0532.2.33. -->
SECTION 33. [EFFECTIVE JULY 1, 2011]
(a) The department
of natural resources may adopt emergency rules to implement
IC 14-22-9-11, as added by this act, in the manner provided for the
adoption of emergency rules under IC 4-22-2-37.1.
(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.