Bill Text: IN HB1279 | 2012 | Regular Session | Enrolled
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-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.
Be it enacted by the General Assembly of the State of Indiana:
(1) General services.
(2) Property management.
(3) Information services.
(4) Public works.
(b) The commissioner may do the following:
(1) Organize the department and its divisions.
(2) Transfer or merge functions between divisions in the interest of economy and efficiency.
(3) Terminate certain divisions within the department whenever possible.
(c) The commissioner may exercise direction and supervision over the divisions in the performance of their respective functions, subject to the approval of the governor.
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
SECTION 3. IC 4-20.5-2 IS REPEALED [EFFECTIVE JULY 1, 2012]. (The State Land Office).
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).
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.
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).
SECTION 7. IC 14-8-2-131.7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 131.7. "Inland water" for purposes of IC 14-22-13, includes:
(1) the waters of the state; and
(2) the boundary waters of the state, except Lake Michigan and the Ohio River.
SECTION 8. 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.
(23) State land office.
SECTION 9. 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.
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.
SECTION 10. 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.
SECTION 11. 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 individual who:
(1) is acting in the performance of the employee's or individual's duties; and
(2) has received the express written consent of the director for the employee's or individual's action.
(b)
(1) use or possess an apparatus designed for use with or on a firearm commonly called a silencer; or
(2) use or possess a device used as a silencer;
in Indiana while in the act of hunting.
SECTION 12. 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)
(b) The department shall determine the form of the migratory waterfowl stamp and may create and sell commemorative migratory waterfowl stamps.
SECTION 13. 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.
SECTION 14. 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)
(b) The department shall
SECTION 15. 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,
(1) Means of:
(A) a weir;
(B) an electric current;
(C) dynamite or other explosive;
(D) a net;
(E) a seine;
(F) a trap; or
(G) any other substance that has a tendency to stupefy or poison fish.
(2) Means of the following:
(A) A firearm.
(b) The methods or devices in this section may be possessed and used:
(1) under special permit issued by the director under rules that the director provides; or
(2) as otherwise provided by law.
SECTION 16. 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
department may:
(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.
SECTION 17. 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)
SECTION 18. IC 14-22-11-2 IS REPEALED [EFFECTIVE JULY 1, 2012].
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
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
(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.
SECTION 20. IC 14-22-12-1.5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1.5. (a) As used in this section, "qualified individual" means an individual who:
(1) is a resident of Indiana;
(2) has served in the armed forces of the United States; and
(3) has a service connected disability, as evidenced by:
(A) records of the United States Department of Veterans Affairs; or
(B) disability retirement benefits awarded to the individual under laws administered by the United States Department of Defense.
(b) A qualified individual is entitled to reduced fee hunting and fishing licenses under this section.
(c) Each year a qualified individual may obtain:
(1) both:
(A) a resident yearly license to fish; and
(B) a resident yearly license to hunt; or
(2) a resident yearly license to hunt and fish;
by paying a reduced license fee of two dollars and seventy-five cents ($2.75) instead of the fee prescribed by section 1 of this chapter.
(d) Each decade a qualified individual may obtain:
(1) both:
(A) a resident license to fish that is valid for ten (10) years; and
(B) a resident license to hunt that is valid for ten (10) years; or
(2) a resident license to hunt and fish that is valid for ten (10) years;
by paying a reduced license fee of twenty-seven dollars and fifty cents ($27.50).
(1) Request the license from:
(A) the department;
(B) an agent appointed by the director under IC 14-22-11-3; or
(C) the clerk of the circuit court who is an authorized representative of the department under IC 14-22-11-3 in the county in which the individual resides.
(2) Present evidence that the applicant is a qualified individual.
SECTION 21. IC 14-22-13-2, AS AMENDED BY P.L.165-2011, SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: 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 or nonresident of Indiana 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).
SECTION 22. 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 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
(e) The department may issue a person a roe dealer's license to purchase,
(f) The following are the minimum application fees for these licenses:
(1) Resident and nonresident roe harvester's
(2) Resident roe harvester's license for harvesting on inland water of Indiana, one thousand dollars ($1,000).
(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.
(h) The department shall give priority in issuing licenses under
this section to applicants who are residents of Indiana.
SECTION 23. 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.
SECTION 24. 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.
SECTION 25. 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.
SECTION 26. 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) (2) Mink.
(4) (3) Chinchilla.
(5) (4) 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.
SECTION 27. 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.
(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.
SECTION 28. 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.
SECTION 29. 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
(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.
SECTION 30. IC 14-25-1-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 8.
SECTION 31. 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.
HEA 1279
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