Bill Text: IN HB1279 | 2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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January 27, 2012

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HOUSE BILL No. 1279

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DIGEST OF HB 1279 (Updated January 24, 2012 6:28 pm - DI 118)

Citations Affected: IC 4-13; IC 4-20.5; IC 5-13; IC 6-1.1; IC 6-6; IC 14-9; IC 14-18; IC 14-22; IC 14-24; IC 14-25; IC 14-37.

Synopsis: Various natural resources matters. Moves the state land office from the department of administration to the department of natural resources (DNR). Increases the amount that an office of DNR or the department of state revenue must deposit on the business day following receipt from $100 to $500. Provides that certain regulations related to using a spotlight or firearm silencer in the hunting of birds and mammals do not apply to a person acting in accordance with the conditions of a license held by the person. Increases the inspection period for each parcel of land classified as native forest land, a forest plantation, or wildlands from five to seven years. Allows the director of DNR to give certain individuals permission to spotlight wild animals or use a silencer. Requires that hunting license stamps be electronically generated. Removes the requirement that commemorative stamps be furnished to the circuit court. Allows fishing by means of a crossbow. Removes the authority for an individual with a hunting, trapping, or fishing license to ship, carry, or take outside Indiana in one week more than two times the possession limit for the wild animal. Makes the invasive species pilot program a permanent program. Removes certain conditions on the right of a nonresident who owns farmland in Indiana (and of the spouse and children who reside with the nonresident) to hunt, fish, and trap on the farmland without a license. Requires a nonresident of Indiana to apply for a license to hunt, fish, or trap on the property that the nonresident owns in Indiana. Repeals the prohibition on racoon hunting by nonresidents. Removes a provision allowing a

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Effective: July 1, 2012.

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Eberhart, Cheatham

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    January 11, 2012, read first time and referred to Committee on Natural Resources.
    January 26, 2012, amended, reported _ Do Pass.

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Digest Continued

federal Fish and Wildlife Service officer or a conservation officer from another jurisdiction to hunt or fish in Indiana after obtaining a resident license. Disallows a person who acquires a game bird or game mammal from applying for a breeder's license. Creates a license for nonresident roe harvesters and dealers. Allows the natural resources commission to establish the minimum application fees for nonresident roe harvester and dealer licenses. Requires a business that sells or barters live minnows or crayfish to have a bait dealer's license. (Current law requires a business that takes, 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.

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January 27, 2012

Second Regular Session 117th General Assembly (2012)

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 2011 Regular Session of the General Assembly.

HOUSE BILL No. 1279

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    A BILL FOR AN ACT to amend the Indiana Code concerning natural and cultural resources.

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

SOURCE: IC 4-13-1-3; (12)HB1279.1.1. -->     SECTION 1. IC 4-13-1-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 3. (a) The department consists of the following divisions:
        (1) General services.
        (2) Property management.
        (3) Information services.
        (4) Public works.
        (5) State land office.
    (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.

SOURCE: IC 4-20.5-1-9; (12)HB1279.1.2. -->     SECTION 2. IC 4-20.5-1-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 9. "Land office" refers to the state land office division of the department of natural resources established by IC 4-20.5-2-1. IC 14-18-1.5-1.

SOURCE: IC 4-20.5-2; (12)HB1279.1.3. -->     SECTION 3. IC 4-20.5-2 IS REPEALED [EFFECTIVE JULY 1, 2012]. (The State Land Office).

SOURCE: IC 5-13-6-1; (12)HB1279.1.4. -->     SECTION 4. IC 5-13-6-1, AS AMENDED BY P.L.234-2007, SECTION 295, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. (a) All public funds paid into the treasury of the state or the treasuries of the respective political subdivisions shall be deposited not later than the business day following the receipt of funds on business days of the depository in one (1) or more depositories in the name of the state or political subdivision by the officer having control of the funds.
    (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).

SOURCE: IC 6-1.1-6-19; (12)HB1279.1.5. -->     SECTION 5. IC 6-1.1-6-19, AS AMENDED BY P.L.66-2006, SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 19. At least once every five (5) seven (7) years the state forester, or the state forester's deputy, shall inspect each parcel of land which is classified as native forest land, a forest plantation, or wildlands. On each inspection trip the state forester, or the state forester's deputy, shall, if possible, have the owner go over the parcel with the state forester and shall point out to the owner any needed improvement. In addition, the state forester shall give the owner a written report of the inspection and the state forester's recommendations. A permanent record of each inspection shall be maintained in the office of the state forester.

SOURCE: IC 6-6-11-12.5; (12)HB1279.1.6. -->     SECTION 6. IC 6-6-11-12.5, AS AMENDED BY P.L.207-2011, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 12.5. (a) The lake and river enhancement fund is established and allocated for the following purposes:
        (1) One-half (1/2) of the fund shall be used to pay costs incurred by the department of natural resources in implementing the lake and river enhancement projects required by IC 14-32-7-12(b)(7).
        (2) One-half (1/2) of the fund shall be used by the department of natural resources to pay for lake or river (as defined in IC 14-32-7-12) projects, including, but not limited to, projects to:
            (A) remove sediment;
            (B) control exotic or invasive plants or animals; or
            (C) remove logjams or obstructions.
        For purposes of this subdivision, the fund may not be used for

projects relating to a manmade ditch or waterway. or manmade channel.
    (b) The fund shall be administered by the director of the department of natural resources.
    (c) Expenses of administering the fund shall be paid from money in the fund.
    (d) The fund consists of the revenue from the lake and river enhancement fee paid by boat owners and deposited under section 12(c)(1) of this chapter.
    (e) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
    (f) With the approval of the governor and the budget agency, the money in the fund allocated under subsection (a)(1) may be used to augment and supplement the funds appropriated for the implementation of lake and river enhancement projects required by IC 14-32-7-12(b)(7).

SOURCE: IC 14-9-4-1; (12)HB1279.1.7. -->     SECTION 7. IC 14-9-4-1, AS AMENDED BY P.L.167-2011, SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. The following divisions are established within the department:
        (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.

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         (23) State land office.

SOURCE: IC 14-18-1.5; (12)HB1279.1.8. -->     SECTION 8. IC 14-18-1.5 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]:
     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.

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    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.

SOURCE: IC 14-22-6-7; (12)HB1279.1.9. -->     SECTION 9. IC 14-22-6-7, AS AMENDED BY P.L.13-2007, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 7. (a) This section does not apply to an employee of the department, or an employee of a federal wildlife management agency, or a person who:
        (1) is acting in the performance of the employee's or a person's duties or in accordance with the conditions of a license; and
        (2) has received the express written consent of the director for the employee's or person's action.
    (b) A person An individual may not knowingly throw or cast the rays of any spotlight or other artificial light:
        (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) A person An individual may not take any wildlife, except furbearing mammals, with the aid of illumination of any spotlight, searchlight, or other artificial light.
    (d) A person An individual may not shine a spotlight, searchlight, or other artificial light for the purpose of taking, attempting to take, or assisting another person to take a deer.

SOURCE: IC 14-22-6-11; (12)HB1279.1.10. -->     SECTION 10. IC 14-22-6-11, AS AMENDED BY P.L.13-2007, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 11. (a) This section does not apply to an employee of the department, or an employee of a federal wildlife management agency, or a person who:
        (1) is acting in the performance of the employee's or a person's

duties or in accordance with the conditions of a license; and
        (2) has received the express written consent of the director for the employee's or individual's action.
    (b) A person An individual may not:
        (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.

SOURCE: IC 14-22-7-3; (12)HB1279.1.11. -->     SECTION 11. IC 14-22-7-3, AS AMENDED BY P.L.225-2005, SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 3. (a) A person An individual may not hunt or take a migratory waterfowl within Indiana without having a an electronically generated migratory waterfowl stamp issued by the department. The stamp must be in the possession of each person individual hunting or taking a migratory waterfowl. The licensee shall validate the stamp with the signature, in ink, of the licensee on the hunting license on which the electronically generated form of the stamp is attached.
    (b) The department shall determine the form of the migratory waterfowl stamp and may create and sell commemorative migratory waterfowl stamps.
    (c) The department may furnish the commemorative migratory waterfowl stamps or the electronically generated form of the stamps to a clerk of the circuit court or the clerk's designated depositories for issuance or sale in the same manner as hunting licenses are issued or sold under IC 14-22-11.

SOURCE: IC 14-22-7-4; (12)HB1279.1.12. -->     SECTION 12. IC 14-22-7-4, AS AMENDED BY P.L.225-2005, SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 4. A An electronically generated stamp shall be issued to each hunting license applicant or holder upon request and the payment of a fee of six dollars and seventy-five cents ($6.75). Each stamp expires on March 31 of the year following issuance.

SOURCE: IC 14-22-8-4; (12)HB1279.1.13. -->     SECTION 13. IC 14-22-8-4, AS AMENDED BY P.L.225-2005, SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 4. (a) A person An individual may not hunt or take a game bird within Indiana without having a an electronically generated game bird habitat restoration stamp issued by the department. The stamp must be in the possession of each person individual hunting or taking a game bird. The licensee shall validate the stamp with the signature of the licensee on the hunting license on which the electronically generated form of the stamp is attached.
    (b) The department shall do the following:

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        (1) determine the form of the stamp and may create and sell commemorative game bird habitat restoration stamps.
        (2) Furnish the commemorative stamps or the electronically generated form of the stamps to a clerk of the circuit court or the clerk's designated depositories for issuance or sale in the same manner as hunting licenses are issued or sold under IC 14-22-11.

SOURCE: IC 14-22-9-1; (12)HB1279.1.14. -->     SECTION 14. IC 14-22-9-1, AS AMENDED BY P.L.165-2011, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. (a) Except as allowed by sections 3 and 11 of this chapter, a person an individual 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) (B) 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; (12)HB1279.1.15. -->     SECTION 15. IC 14-22-9-11, AS ADDED BY P.L.165-2011, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: 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 administering this pilot program, the department may:

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        (1) allow the taking of a specific invasive animal species by a means described in section 1(2) 1(a)(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; (12)HB1279.1.16. -->     SECTION 16. IC 14-22-10-3, AS AMENDED BY P.L.165-2011, SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 3. (a) A person An individual 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 An individual having a license to use a commercial fishing device in Indiana may ship, carry, or transport outside Indiana fish that the person individual has legally taken or caught by the commercial fishing device.
    (c) A person An individual 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 individual 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) after open season as allowed by rule.
    (e) A person An individual having a breeder's license may ship, 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.

SOURCE: IC 14-22-11-1; (12)HB1279.1.17. -->     SECTION 17. IC 14-22-11-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. (a) As used in this section, "farmland" means agricultural land that is:
        (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) Subject to subsection (d), An owner of farmland located in Indiana who is a resident or nonresident of Indiana and the spouse and children living with the owner may hunt, fish, and trap without a license on the land that the owner owns.
        (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.
    (d) The right of a nonresident who owns farmland in Indiana (and of the spouse and children who reside with the nonresident) to hunt, fish, and trap on the farmland without a license under subsection (b)(2) is subject to the following conditions:
        (1) The nonresident may hunt, fish, and trap on the farmland

without a license only if the state in which the nonresident resides allows residents of Indiana who own land in that state to hunt, fish, and trap on their land without a license.
        (2) While hunting, fishing, or trapping on the farmland, the nonresident must keep proof that the nonresident owns the farmland (for example, a tax receipt identifying the nonresident as owner) in a place where the proof is readily accessible by the nonresident.

SOURCE: IC 14-22-11-2; (12)HB1279.1.18. -->     SECTION 18. IC 14-22-11-2 IS REPEALED [EFFECTIVE JULY 1, 2012]. Sec. 2. (a) Except as provided in subsection (b), the season for taking raccoons is closed to nonresidents of Indiana.
    (b) The director may open the season on raccoons to the residents of another state on the same days and during the same hours that the raccoon season in the nonresident's state of residence is open to residents of the nonresident's state. However, a nonresident may not take raccoons in Indiana when the season is closed in Indiana even if the raccoon taking season is open in the nonresident's state.

SOURCE: IC 14-22-11-10; (12)HB1279.1.19. -->     SECTION 19. IC 14-22-11-10 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 10. (a) A nonresident of Indiana who is
        (1) on active duty with a branch or department of the armed forces of the United States while stationed in Indiana or
        (2) in the employment of:
            (A) the United States Fish and Wildlife Service; or
            (B) the conservation department of a state, territory, or possession of the United States; and
        in Indiana for the purpose of advising or consulting with the department
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.

SOURCE: IC 14-22-13-2.5; (12)HB1279.1.20. -->     SECTION 20. IC 14-22-13-2.5, AS ADDED BY P.L.165-2011, SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: 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 shall issue to an individual who is a resident or nonresident 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 14-22-16-1; (12)HB1279.1.21. -->     SECTION 21. IC 14-22-16-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. (a) A person engaging in or continuing to engage in the business of taking, catching, selling or bartering live minnows and or crayfish for bait shall file an application with the division for a bait dealer's license. The application and the license must be on forms prescribed by the director.
    (b) The fee for a license is as follows:
        (1) Ten dollars ($10) for residents.
        (2) Fifty dollars ($50) for nonresidents.

SOURCE: IC 14-22-18-1; (12)HB1279.1.22. -->     SECTION 22. IC 14-22-18-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. The director may, with the approval of the commission, designate not more than two (2) four (4) days in each year as free sport fishing days. If the director designates two (2) days more than one (1) day in a year as free sport

fishing days, the days may be consecutive or nonconsecutive.

SOURCE: IC 14-22-20-2; (12)HB1279.1.23. -->     SECTION 23. IC 14-22-20-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 2. A license issued under this chapter authorizes the sale of nonmigratory game birds, game mammals, or furbearing mammals for breeding purposes, or for release, and nonmigratory game birds or for food purposes. A person An individual who:
        (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.

SOURCE: IC 14-22-20-4; (12)HB1279.1.24. -->     SECTION 24. IC 14-22-20-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 4. (a) This section applies to the following:
        (1) Marten.
        (2) Nutria.
        (3) Mink.
        (4) Chinchilla.
        (5) Domesticated rabbits, except cottontail.
        (6) Swamp rabbits.
    (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.

SOURCE: IC 14-22-31-8; (12)HB1279.1.25. -->     SECTION 25. IC 14-22-31-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 8. (a) A person An individual may not take game birds and exotic mammals on a shooting preserve unless the person individual has a hunting license required under this article. except nonresidents of Indiana who must possess a special license to shoot on licensed shooting preserves.

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    (b) The department:
        (1) shall issue special licenses; and
        (2) may appoint owners or managers of shooting preserves as agents to sell special licenses.
    (c) A special license expires December 31 of the year issued.
    (d) The fee for a special license is eight dollars and seventy-five cents ($8.75). All fees shall be deposited in the fish and wildlife fund.

SOURCE: IC 14-22-38-4; (12)HB1279.1.26. -->     SECTION 26. IC 14-22-38-4, AS AMENDED BY P.L.2-2008, SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 4. (a) A person An individual who:
        (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 subsections subsection (c), and (d), sells, offers to sell, purchases, or offers to purchase a deer or wild turkey or a part of a deer or wild turkey;
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.
    (c) Notwithstanding section 6 of this chapter, if a properly tagged deer is brought to a meat processing facility and the owner of the deer:
        (1) fails to pick up the processed deer within a reasonable time; or
        (2) notifies the meat processing facility that the owner does not want the processed deer;
the deer meat may be given away by the meat processing facility to another person. The meat processing facility may charge the person receiving the deer meat a reasonable and customary processing fee.
    (d) (c) Notwithstanding section 6 of this chapter, deer meat and products from farm raised deer that meet the requirements under IC 15-17 may be sold to the public.

SOURCE: IC 14-24-4-3; (12)HB1279.1.27. -->     SECTION 27. IC 14-24-4-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 3. All farms and premises located within a part of a township that has been an area declared to be an infested area shall be operated and managed according to standards approved by the commission. An agricultural, a horticultural, or a sylvan product capable of producing and disseminating the pest or pathogen shall be destroyed, treated, or otherwise disposed of as the department orders.

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SOURCE: IC 14-24-5-3; (12)HB1279.1.28. -->     SECTION 28. IC 14-24-5-3, AS AMENDED BY P.L.69-2009, SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 3. (a) The division shall issue a certificate following an inspection that discloses that the nursery stock is apparently free from pests and pathogens.
    (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 September 30 December 31 following the date of issuance. the certificate becomes effective.
    (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.

SOURCE: IC 14-25-1-8; (12)HB1279.1.29. -->     SECTION 29. IC 14-25-1-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 8. (a) Whenever a dispute arises between the users of surface water in a watershed area, any party to the dispute may request that the commission mediate the dispute Any party to the dispute may institute mediation proceedings by filing a written request with the commission setting out all the facts relevant to the dispute and requesting a mediation of the dispute.
    (b) Upon receipt of a request for mediation, the commission shall conduct a hearing for the consideration of the facts involved in the dispute. The commission shall notify all interested parties to the dispute concerning the time and place of the hearing.
    (c) In the mediation of the dispute, the commission may do the following:
        (1) Conduct a survey of the water supply in the watershed involved in the dispute.
        (2) Attempt to add additional sources of water for users in the watershed.
    (d) A recommendation of the commission in a mediation proceeding:
        (1) is not binding upon the parties to the dispute; and
        (2) does not preclude or defeat a remedy that the parties to the dispute have to a court of law. using the mediation provisions

under IC 4-21.5-3.5.

SOURCE: IC 14-37-10-3; (12)HB1279.1.30. -->     SECTION 30. IC 14-37-10-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 3. The following shall be deposited in the 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.