Introduced Version
HOUSE BILL No. 1103
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 6-3.1-22-8; IC 14-8-2; IC 14-10-2-4;
IC 14-11-3-4; IC 14-22; IC 14-34-4-5; IC 14-37-3-9; IC 25-36.5-1;
IC 31-25-4; IC 35-52-14.
Synopsis: Department of natural resources. Provides that a taxpayer
is entitled to a credit against the taxpayer's state tax liability equal to
20% of the qualified and approved expenditures associated with
completing the preservation or rehabilitation of historic property or
$20,000, whichever is less. Repeals code provisions regarding
commercial fishing on Lake Michigan. Provides that the natural
resources commission (commission) may adopt rules to allow for
electronic notification of new rules being considered for adoption
instead of publishing notice in a newspaper of general circulation.
Removes the requirement that the director of the department of natural
resources (department) send, to a person who has a license that is
placed on probationary status, notice that includes a description of the
amount of child support in arrears and an explanation of the procedures
to pay child support arrearage. Repeals the mussels license issued by
the department. Provides that a law enforcement officer or an employee
of the department is not liable for the destruction of a permitted animal
that escapes an enclosure and poses a threat to public safety. Requires
the commission to establish a fee to fund the regulation of underground
petroleum storage. Provides that a contract to purchase timber must be
in writing. Allows the collection of damages for costs associated with
a claim or action, including attorney's fees, or damages specified in a
contract with a timber buyer or a person who cuts timber but is not a
timber buyer. Requires a timber buyer to keep complete and accurate
records for at least five years after a transaction. Allows the director of
(Continued next page)
Effective: July 1, 2022.
Eberhart
January 4, 2022, read first time and referred to Committee on Natural Resources.
2022 IN 1103—LS 6602/DI 139 Digest Continued
the department to suspend a timber buyer's license for not more than 90
days before a final adjudication if the director of the department finds
that the holder of the timber buyer's license poses a clear and
immediate danger to public health, safety, or property if allowed to
continue to operate. Provides that the director of the department may
renew the suspension for periods of not more than 90 days. Makes
technical and conforming changes.
2022 IN 1103—LS 6602/DI 1392022 IN 1103—LS 6602/DI 139 Introduced
Second Regular Session of the 122nd General Assembly (2022)
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 2021 Regular Session of the General Assembly.
HOUSE BILL No. 1103
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:
1 SECTION 1. IC 6-3.1-22-8, AS AMENDED BY P.L.166-2014,
2 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2022]: Sec. 8. (a) Subject to section 14 of this chapter, a
4 taxpayer is entitled to a credit against the taxpayer's state tax liability
5 in the taxable year in which the taxpayer completes the preservation or
6 rehabilitation of historic property and obtains the certifications required
7 under section 9 of this chapter.
8 (b) The amount of the credit is equal to:
9 (1) twenty percent (20%) of the qualified expenditures that:
10 (1) (A) the taxpayer makes for the preservation or
11 rehabilitation of historic property; and
12 (2) (B) are approved by the office; or
13 (2) twenty thousand dollars ($20,000);
14 whichever is less.
15 (c) In the case of a husband and wife who:
2022 IN 1103—LS 6602/DI 139 2
1 (1) own and rehabilitate a historic property jointly; and
2 (2) file separate tax returns;
3 the husband and wife may take the credit in equal shares or one (1)
4 spouse may take the whole credit.
5 SECTION 2. IC 14-8-2-44 IS REPEALED [EFFECTIVE JULY 1,
6 2022]. Sec. 44. "Commercial fishing", for purposes of IC 14-22-14, has
7 the meaning set forth in IC 14-22-14-1.
8 SECTION 3. IC 14-8-2-45 IS REPEALED [EFFECTIVE JULY 1,
9 2022]. Sec. 45. "Commercial fishing gear", for purposes of
10 IC 14-22-14, has the meaning set forth in IC 14-22-14-2.
11 SECTION 4. IC 14-8-2-46 IS REPEALED [EFFECTIVE JULY 1,
12 2022]. Sec. 46. "Commercial fishing license", for purposes of
13 IC 14-22-14, has the meaning set forth in IC 14-22-14-3.
14 SECTION 5. IC 14-8-2-138 IS REPEALED [EFFECTIVE JULY 1,
15 2022]. Sec. 138. "Lake Michigan", for purposes of IC 14-22-14, has the
16 meaning set forth in IC 14-22-14-4.
17 SECTION 6. IC 14-8-2-242, AS AMENDED BY P.L.148-2020,
18 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
19 JULY 1, 2022]: Sec. 242. (a) "Resident", for purposes of IC 14-22,
20 except as provided in subsection (b), means a person who:
21 (1) is domiciled in Indiana for sixty (60) consecutive days
22 immediately preceding the date of the purchase of a license or
23 permit; and
24 (2) does not claim residency for hunting, fishing, or trapping in
25 any state other than Indiana or any country other than the United
26 States.
27 (b) "Resident", for purposes of IC 14-22-17, has the meaning set
28 forth in IC 14-22-17-1.
29 (c) (b) "Resident", for purposes of IC 14-33-24-9, has the meaning
30 set forth in IC 14-33-24-9(a).
31 SECTION 7. IC 14-10-2-4, AS AMENDED BY P.L.164-2020,
32 SECTION 46, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 JULY 1, 2022]: Sec. 4. (a) The commission shall adopt rules under
34 IC 4-22-2 to carry out the commission's duties under this title.
35 (b) The commission may adopt rules to exempt an activity from
36 licensing under this title, except:
37 (1) IC 14-34;
38 (2) IC 14-36-1; and
39 (3) IC 14-38-2;
40 if the activity poses not more than a minimal potential for harm.
41 (c) Except as provided in subsection (d), whenever the department
42 or the director has the authority to adopt rules under IC 4-22-2, the
2022 IN 1103—LS 6602/DI 139 3
1 commission shall exclusively exercise the authority.
2 (d) Emergency rules adopted under section 5 of this chapter shall be
3 adopted by the director.
4 (e) Not withstanding IC 4-22-2-24, the commission may adopt
5 rules under IC 4-22-2 for electronic notification of rules under
6 consideration for adoption rather than publishing notice in a
7 newspaper of general circulation.
8 (e) (f) A person who violates a rule adopted by the commission
9 commits a Class C infraction, unless otherwise specified under state
10 law.
11 SECTION 8. IC 14-11-3-4, AS AMENDED BY P.L.150-2018,
12 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 JULY 1, 2022]: Sec. 4. (a) Upon receiving an order from the bureau
14 under IC 31-25-4-32(j) or IC 31-25-4-34(e), the director shall place on
15 probationary status any license issued under IC 14-22-12, IC 14-22-14,
16 IC 14-22-16, IC 14-22-17, IC 14-22-19, IC 14-24-7, or IC 14-31-3 and
17 held by the person who is the subject of the order. The director shall
18 send the person a notice that does the following:
19 (1) States that the person's license has been placed on
20 probationary status.
21 (2) States that the person's license will be suspended if the
22 director has not received notice from the bureau under
23 IC 31-25-4-32(m) or IC 31-25-4-34(g) within twenty (20) days
24 after the date of the notice.
25 (3) Describes the amount of child support that the person is in
26 arrears.
27 (4) Explains the procedures to:
28 (A) pay the person's child support arrearage in full; and
29 (B) establish a payment plan with the bureau to pay the
30 arrearage, which must include an income withholding order
31 under IC 31-16-15-2 or IC 31-16-15-2.5.
32 (b) If the director has not received notice from the bureau under
33 IC 31-25-4-32(m) or IC 31-25-4-34(g) within twenty (20) days after the
34 date of the notice in subsection (a), the director shall suspend the
35 license issued to the person under IC 14-22-12, IC 14-22-14,
36 IC 14-22-16, IC 14-22-17, IC 14-22-19, IC 14-24-7, or IC 14-31-3.
37 (c) The director may not reinstate a license placed on probationary
38 status or suspended under this section until the director receives a
39 notice from the bureau under IC 31-25-4-32(m) or IC 31-25-4-34(g)
40 that the person has addressed the delinquency.
41 SECTION 9. IC 14-22-2-10, AS AMENDED BY P.L.154-2019,
42 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2022 IN 1103—LS 6602/DI 139 4
1 JULY 1, 2022]: Sec. 10. (a) Notwithstanding any law in this article, the
2 commission may adjust a license and permit fee, including an
3 application fee, in an amount that is above the minimum fee
4 established under the following:
5 (1) Section 4 of this chapter (Licenses and permits written by the
6 director).
7 (2) IC 14-22-9-10 (Aquatic vegetation control).
8 (3) IC 14-22-13-1 (Commercial fishing).
9 (4) IC 14-22-13-2 (Commercial fishing on the Ohio River).
10 (5) IC 14-22-13-2.5 (Roe harvester or dealer).
11 (6) IC 14-22-14-9 (Commercial fishing on Lake Michigan).
12 (7) IC 14-22-14-10 (Commercial fishing on Lake Michigan).
13 (8) (6) IC 14-22-15-2 (Fishing guide).
14 (9) (7) IC 14-22-15.5-3 (Hunting guide).
15 (10) (8) IC 14-22-16-1 (Bait dealer).
16 (11) (9) IC 14-22-19-2 (Fur buyer).
17 (12) (10) IC 14-22-20-1 (Game breeder).
18 (13) (11) IC 14-22-21-2 (Taxidermist).
19 (14) (12) IC 14-22-22-2 (Scientific purposes).
20 (15) (13) IC 14-22-23-3 (Falconry).
21 (16) (14) IC 14-22-24-2 (Field trials).
22 (17) (15) IC 14-22-25-3 (Fish and wild animal importation).
23 (18) (16) IC 14-22-26-4 (Wild animal possession).
24 (19) (17) IC 14-22-27-2 (Fish stocking).
25 (20) (18) IC 14-22-31-2 (Private shooting preserve).
26 (b) Before adopting fees under this section, the commission shall
27 consider the amount that is reasonably necessary to generate revenue
28 sufficient to offset the costs incurred in carrying out the department's
29 responsibilities and operating any related programs.
30 (c) A fee that is submitted with an application for a license or permit
31 listed under subsection (a) is not refundable.
32 SECTION 10. IC 14-22-14-1 IS REPEALED [EFFECTIVE JULY
33 1, 2022]. Sec. 1. As used in this chapter, "commercial fishing" means
34 the taking of fish by means of commercial fishing gear.
35 SECTION 11. IC 14-22-14-2 IS REPEALED [EFFECTIVE JULY
36 1, 2022]. Sec. 2. As used in this chapter, "commercial fishing gear"
37 means fishing equipment, including boats, nets, and other equipment,
38 used to take fish from Lake Michigan to sell at wholesale or retail.
39 SECTION 12. IC 14-22-14-3 IS REPEALED [EFFECTIVE JULY
40 1, 2022]. Sec. 3. As used in this chapter, "commercial fishing license"
41 refers to a commercial fishing license issued under this chapter.
42 SECTION 13. IC 14-22-14-4 IS REPEALED [EFFECTIVE JULY
2022 IN 1103—LS 6602/DI 139 5
1 1, 2022]. Sec. 4. As used in this chapter, "Lake Michigan" refers to the
2 waters of Lake Michigan that are within Indiana.
3 SECTION 14. IC 14-22-14-5 IS AMENDED TO READ AS
4 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 5. A person must have
5 a commercial fishing license to may not take fish from the Indiana
6 waters of Lake Michigan with commercial fishing gear.
7 SECTION 15. IC 14-22-14-6 IS REPEALED [EFFECTIVE JULY
8 1, 2022]. Sec. 6. To be eligible to hold a commercial fishing license,
9 the following conditions must be met:
10 (1) If the person is not a corporation, all individuals comprising
11 the person must be residents of Indiana.
12 (2) If the person is a corporation, the corporation must be an
13 Indiana corporation and all shareholders in the corporation must
14 be residents of Indiana.
15 SECTION 16. IC 14-22-14-7 IS REPEALED [EFFECTIVE JULY
16 1, 2022]. Sec. 7. The department may renew a commercial fishing
17 license, but may not issue an original commercial fishing license.
18 SECTION 17. IC 14-22-14-8 IS REPEALED [EFFECTIVE JULY
19 1, 2022]. Sec. 8. Commercial fishing licenses are designated as
20 follows:
21 (1) Class 1.
22 (2) Class 2.
23 (3) Class 3.
24 SECTION 18. IC 14-22-14-9 IS REPEALED [EFFECTIVE JULY
25 1, 2022]. Sec. 9. (a) A commercial fishing license:
26 (1) expires December 31 of the year for which the license was
27 issued or reserved;
28 (2) may be renewed or reserved annually; however, if an
29 application to renew or reserve a license is not received by the
30 department before February 1 of the year following the expiration
31 or reserved period of the license, the license may not be renewed,
32 reserved, or reinstated;
33 (3) that is reserved is inactive and may not be used, merged,
34 transferred, or converted during the reserved year; and
35 (4) subject to IC 14-22-2-10, may be reserved for one (1) year for
36 a minimum fee of twenty-five dollars ($25).
37 (b) The department shall report annually to the natural resources
38 committees of the house of representatives and the senate for the
39 purpose of updating the status of yellow perch in Lake Michigan as it
40 affects sport and commercial fishing and fishermen in Indiana.
41 SECTION 19. IC 14-22-14-10 IS REPEALED [EFFECTIVE JULY
42 1, 2022]. Sec. 10. Subject to IC 14-22-2-10, the minimum renewal fees
2022 IN 1103—LS 6602/DI 139 6
1 for commercial fishing licenses are as follows:
2 (1) Class 1, three thousand dollars ($3,000).
3 (2) Class 2, six thousand dollars ($6,000).
4 (3) Class 3, nine thousand dollars ($9,000).
5 SECTION 20. IC 14-22-14-11 IS REPEALED [EFFECTIVE JULY
6 1, 2022]. Sec. 11. Except as provided under section 9 of this chapter,
7 and subject to section 12 of this chapter, a commercial fishing license
8 may be transferred from one (1) person to another.
9 SECTION 21. IC 14-22-14-12 IS REPEALED [EFFECTIVE JULY
10 1, 2022]. Sec. 12. (a) Except as provided in sections 13 and 14 of this
11 chapter, a person may not hold or have an interest in more than one (1)
12 commercial fishing license.
13 (b) If a person having an interest in one (1) commercial fishing
14 license acquires an interest in a second commercial fishing license:
15 (1) the second license is valid; and
16 (2) the person is considered to have surrendered the first license.
17 The first license may not be reinstated.
18 SECTION 22. IC 14-22-14-13 IS REPEALED [EFFECTIVE JULY
19 1, 2022]. Sec. 13. A person holding a Class 1 or Class 2 license may
20 acquire another license for the purpose of merging the licenses to form
21 a Class 2 or Class 3 license as follows:
22 (1) At the time a person holding a Class 1 license acquires
23 another Class 1 license, the two (2) licenses merge and become a
24 Class 2 license.
25 (2) At the time a person holding:
26 (A) a Class 1 license acquires a Class 2 license; or
27 (B) a Class 2 license acquires a Class 1 license;
28 the two (2) licenses merge and become a Class 3 license.
29 SECTION 23. IC 14-22-14-14 IS REPEALED [EFFECTIVE JULY
30 1, 2022]. Sec. 14. A person holding a Class 1 license and a person
31 holding a Class 3 license may convert the licenses to two (2) Class 2
32 licenses.
33 SECTION 24. IC 14-22-14-15 IS REPEALED [EFFECTIVE JULY
34 1, 2022]. Sec. 15. (a) The commission may adopt rules to establish
35 procedures for the:
36 (1) transfer;
37 (2) merger; or
38 (3) exchange;
39 of commercial fishing licenses.
40 (b) The fee for processing:
41 (1) a transfer;
42 (2) a merger; or
2022 IN 1103—LS 6602/DI 139 7
1 (3) an exchange;
2 of a commercial fishing license under this chapter is one hundred
3 dollars ($100).
4 SECTION 25. IC 14-22-14-16 IS REPEALED [EFFECTIVE JULY
5 1, 2022]. Sec. 16. A Class 2 or Class 3 commercial fishing license may
6 be surrendered to the department in exchange for a Class 1 or Class 2
7 license. This is not considered to be the issuance of an original license.
8 SECTION 26. IC 14-22-14-17 IS REPEALED [EFFECTIVE JULY
9 1, 2022]. Sec. 17. Each boat engaged in commercial fishing must carry
10 documentation specified by rules adopted by the commission that the
11 boat is operating under the authority of a commercial fishing license.
12 SECTION 27. IC 14-22-14-18 IS REPEALED [EFFECTIVE JULY
13 1, 2022]. Sec. 18. (a) The holder of a commercial fishing license must,
14 in the manner established by rules adopted by the commission,
15 designate an individual as captain of a boat operated by the holder of
16 a commercial fishing license. A designated captain must meet the
17 following conditions:
18 (1) Be a resident of Indiana.
19 (2) Have experience as a commercial fisherman.
20 (3) Possess other qualifications established by rules adopted by
21 the commission.
22 (b) Except in an emergency, as defined under rules adopted by the
23 commission, an individual who is designated as a captain by the holder
24 of one (1) commercial fishing license may not:
25 (1) be designated as a captain by; or
26 (2) work for;
27 the holder of another commercial fishing license. Notice to the
28 department of the emergency designation of a captain must be provided
29 under rules adopted by the commission.
30 SECTION 28. IC 14-22-14-19 IS REPEALED [EFFECTIVE JULY
31 1, 2022]. Sec. 19. An individual designated as captain under section 18
32 of this chapter must be aboard each commercial fishing boat of the
33 holder of the commercial fishing license while the boat is engaged in
34 an activity related to commercial fishing.
35 SECTION 29. IC 14-22-14-20 IS REPEALED [EFFECTIVE JULY
36 1, 2022]. Sec. 20. (a) The department shall regulate commercial fishing
37 in Lake Michigan to protect the resource of fish for commercial and
38 sport fishing.
39 (b) To protect the resource of fish in Lake Michigan, the department
40 shall regulate the number of nets that may be used by persons who have
41 been issued a commercial fishing license as follows:
42 (1) Persons who have a Class 2 license are entitled to use two (2)
2022 IN 1103—LS 6602/DI 139 8
1 times the number of nets as persons who have a Class 1 license.
2 (2) Persons who have a Class 3 license are entitled to use three (3)
3 times the number of nets as persons who have a Class 1 license.
4 SECTION 30. IC 14-22-14-21 IS REPEALED [EFFECTIVE JULY
5 1, 2022]. Sec. 21. The commission may adopt rules to establish
6 restrictions on the following:
7 (1) Localities that may be fished.
8 (2) The kind, mesh size, and quantity of fishing gear that may be
9 used.
10 (3) The quantity of fish that may be taken.
11 (4) Other restrictions the commission considers necessary to
12 protect the fishing resource in Lake Michigan.
13 SECTION 31. IC 14-22-14-22 IS REPEALED [EFFECTIVE JULY
14 1, 2022]. Sec. 22. (a) Fish may not be taken from Lake Michigan by
15 means of a gill net.
16 (b) The commercial fishing license of a person who takes fish from
17 Lake Michigan by means of a gill net:
18 (1) terminates at the time of the violation; and
19 (2) may not be reinstated.
20 SECTION 32. IC 14-22-14-23 IS REPEALED [EFFECTIVE JULY
21 1, 2022]. Sec. 23. (a) A person who has a commercial fishing license
22 must keep accurate records of each day's catch showing the following:
23 (1) The number of pounds of each kind of fish taken.
24 (2) The locality fished.
25 (3) The kind and amount of fishing gear employed.
26 (4) The length of time each unit of gear was fished without being
27 lifted.
28 (5) Other information the commission considers to be relevant
29 under this chapter.
30 (b) Before the sixteenth day of each month, each person holding a
31 commercial fishing license shall report, under oath when requested to
32 do so, all the data for the preceding month required under subsection
33 (a) to the director upon forms furnished by the director. The reports
34 required by this section shall be made each month whether or not any
35 fish were taken during the preceding month. If no fish were taken, that
36 fact shall be noted.
37 SECTION 33. IC 14-22-14-24 IS REPEALED [EFFECTIVE JULY
38 1, 2022]. Sec. 24. A commercial fishing license is issued upon the
39 condition that the licensee agrees to make all reports to the director
40 required by the following:
41 (1) This chapter.
42 (2) Rules adopted under this chapter.
2022 IN 1103—LS 6602/DI 139 9
1 SECTION 34. IC 14-22-14-25 IS REPEALED [EFFECTIVE JULY
2 1, 2022]. Sec. 25. Inadvertent failure to comply with the terms of:
3 (1) a license;
4 (2) this chapter or IC 14-2-12 (before its repeal); or
5 (3) rules adopted or orders issued under:
6 (A) IC 14-2-12 (before its repeal); or
7 (B) this chapter;
8 is grounds for suspension of the license for not more than one (1) year.
9 SECTION 35. IC 14-22-14-26 IS REPEALED [EFFECTIVE JULY
10 1, 2022]. Sec. 26. (a) Knowing or intentional failure to comply with the
11 terms of:
12 (1) a license;
13 (2) this chapter or IC 14-2-12 (before its repeal); or
14 (3) rules adopted or orders issued under:
15 (A) IC 14-2-12 (before its repeal); or
16 (B) this chapter;
17 is grounds for revocation of the license.
18 (b) A license revoked under this section may not be reinstated.
19 SECTION 36. IC 14-22-14-27 IS REPEALED [EFFECTIVE JULY
20 1, 2022]. Sec. 27. (a) The director may do all things necessary to carry
21 out this chapter.
22 (b) The commission shall adopt rules under IC 4-22-2 to implement
23 this chapter.
24 SECTION 37. IC 14-22-17 IS REPEALED [EFFECTIVE JULY 1,
25 2022]. (Mussels License).
26 SECTION 38. IC 14-22-18-4 IS AMENDED TO READ AS
27 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 4. Section 2 of this
28 chapter does not authorize a resident to fish during a free sport fishing
29 day in violation of the license requirements set forth in the following:
30 (1) IC 14-22-13.
31 (2) IC 14-22-14.
32 (3) (2) IC 14-22-15.
33 (4) (3) IC 14-22-16.
34 (5) IC 14-22-17.
35 SECTION 39. IC 14-22-20-1, AS AMENDED BY P.L.195-2017,
36 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
37 JULY 1, 2022]: Sec. 1. (a) The owner of a hunting preserve licensed
38 under IC 15-17-14.7 is not required to obtain a game breeder's license
39 under this section.
40 (b) The owner of a cervidae livestock operation under IC 15-17-14.5
41 is not required to obtain a game breeder's license under this section.
42 (c) The department may, under rules adopted under IC 4-22-2, issue
2022 IN 1103—LS 6602/DI 139 10
1 to a resident of Indiana, upon the payment of a minimum fee of fifteen
2 dollars ($15), a license to:
3 (1) propagate in captivity; and
4 (2) possess, buy, or sell; for this purpose only;
5 game birds game mammals, or furbearing mammals or wild animals
6 protected by Indiana law.
7 (d) The fee in subsection (c) is subject to IC 14-22-2-10.
8 SECTION 40. IC 14-22-20-2, AS AMENDED BY P.L.151-2012,
9 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10 JULY 1, 2022]: Sec. 2. (a) A license issued under this chapter
11 authorizes the possession or sale of nonmigratory game birds game
12 mammals, or furbearing mammals for breeding purposes, for release,
13 or for food purposes or wild animals. An individual who:
14 (1) acquires a furbearing mammal wild animal alive, legally in
15 open season; or
16 (2) purchases the game bird or mammal wild animal from a
17 licensed game breeder;
18 may apply for a breeder's license within five (5) days after acquiring
19 the animal from the licensed game breeder or within five (5) days after
20 the last day of the open season for the animal. Otherwise, the animal
21 shall be released.
22 (b) The commission shall adopt rules under IC 4-22-2 to
23 implement this section.
24 SECTION 41. IC 14-22-20-3 IS AMENDED TO READ AS
25 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 3. An animal raised
26 domestically by an out-of-state breeder may be imported into Indiana.
27 and sold for food purposes. A purchaser of such an animal raised
28 domestically by an out-of-state breeder must be able to show legal
29 proof of out-of-state origin for all animals possessed.
30 SECTION 42. IC 14-22-26-1 IS AMENDED TO READ AS
31 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 1. This chapter does not
32 apply to licensed the following licenses:
33 (1) Commercial animal dealers, breeders, or exhibitors licensed
34 by the United States Department of Agriculture for species of
35 wild and exotic animals that can be possessed without a
36 permit or license from the department under this article.
37 (2) Zoological parks.
38 (3) Circuses or carnivals.
39 (4) Research facilities and universities licensed or registered
40 with the United States Department of Agriculture.
41 (5) An organization or a person temporarily housing a wild
42 animal at the request of the department.
2022 IN 1103—LS 6602/DI 139 11
1 SECTION 43. IC 14-22-26-2 IS AMENDED TO READ AS
2 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 2. As used in this
3 chapter, "zoological park" means
4 (1) a permanent establishment that is a member of accredited by
5 the American Association of Zoological Parks Zoos and
6 Aquariums. or
7 (2) an agency of local government, open to and administered for
8 the public, to provide education, conservation, and preservation
9 of the earth's fauna.
10 SECTION 44. IC 14-22-26-3 IS AMENDED TO READ AS
11 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 3. The director may
12 adopt rules under IC 4-22-2 to require and issue the following:
13 (1) A permit to possess a wild animal protected by statute or rule.
14 (2) A permit to possess a wild animal that may be harmful or
15 dangerous to plants people, or domestic animals, or wild
16 animals. A separate permit is required for each wild animal
17 described in this subdivision.
18 SECTION 45. IC 14-22-26-5 IS AMENDED TO READ AS
19 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 5. (a) If an emergency
20 exists, the director may summarily suspend a permit issued under this
21 chapter. The director may summarily seize and hold an animal for
22 which a permit is required under this chapter, pending the outcome of
23 the proceedings under this section, if either of the following conditions
24 exist:
25 (1) A permit has not been issued to possess the animal.
26 (2) A permit has been issued to possess the animal, but the
27 director believes that an emergency exists because at least one (1)
28 of the following conditions exists:
29 (A) The animal is in a position to harm another animal.
30 (B) The life or health of the animal is in peril.
31 (b) After suspending a permit or seizing and holding an animal
32 under subsection (a), the department shall proceed as quickly as
33 feasible to provide the opportunity for completed adjudicative
34 proceedings under IC 4-21.5. The proceedings may result in the
35 revocation, temporary suspension, or modification of the permit.
36 Provision may be made for a final disposition with respect to the wild
37 animal, including confiscation of the animal. IC 4-21.5 provides the
38 exclusive remedy available to a person aggrieved by a determination
39 of the department under this section.
40 (c) The director may contract with experts in the handling of
41 animals for which a permit is required under this chapter to assist the
42 director in seizing and holding an animal under this section. A person
2022 IN 1103—LS 6602/DI 139 12
1 who seizes and holds an animal under a contract with the director is not
2 subject to legal action arising from the seizure or holding to the same
3 extent as if the person was an employee of the department.
4 (d) The owner of an animal seized under this section is liable for the
5 costs of seizing and holding the animal and of the proceedings under
6 this section, including a trial, if any.
7 (e) A law enforcement officer or an employee of the department
8 is not liable for the destruction of a permitted animal that escapes
9 an enclosure and poses a threat to public safety.
10 SECTION 46. IC 14-34-4-5 IS AMENDED TO READ AS
11 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 5. (a) If written
12 objections are filed and an informal conference or a public hearing is
13 requested, the director shall hold the conference or public hearing in
14 the locality of the proposed surface coal mining operation within a
15 reasonable time of receipt of the objections or request. The director
16 shall advertise in a newspaper of general circulation in the county in
17 which the proposed surface coal mining operation is located at least
18 two (2) weeks before the scheduled conference or public hearing the
19 date, time, and location of the conference or public hearing.
20 (b) The director may arrange with the applicant, upon request by
21 any party to the administrative proceeding, access to the proposed
22 mining area for the purpose of gathering information relevant to the
23 proceeding.
24 (c) An electronic or a stenographic record shall be made of the
25 conference or public hearing. unless waived by all parties. The director
26 shall maintain the record and have the record accessible to the parties
27 until final release of the applicant's performance bond.
28 (d) The director may not hold the conference or public hearing if
29 any of the following conditions exist:
30 (1) All parties requesting the conference or public hearing
31 stipulate agreement before the conference or public hearing and
32 withdraw their request.
33 (2) The request fails to comply with the requirements of section
34 4 of this chapter.
35 (3) The objections do not concern a matter within the scope of
36 this article or the commission's rules.
37 SECTION 47. IC 14-37-3-9 IS AMENDED TO READ AS
38 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 9. (a) The commission
39 shall regulate the drilling, deepening, operating, plugging, and
40 abandoning of the following:
41 (1) Wells for underground storage of petroleum products.
42 (2) Other wells for oil and gas purposes that may affect
2022 IN 1103—LS 6602/DI 139 13
1 underground storage reservoirs.
2 (b) The commission shall establish a fee to fund the regulation
3 of underground petroleum storage.
4 SECTION 48. IC 25-36.5-1-2.1 IS ADDED TO THE INDIANA
5 CODE AS A NEW SECTION TO READ AS FOLLOWS
6 [EFFECTIVE JULY 1, 2022]: Sec. 2.1. (a) A contract to purchase
7 timber must be in writing pursuant to:
8 (1) the Uniform Commercial Code (IC 26-1); and
9 (2) the rules adopted by the department.
10 (b) No person shall engage in the purchase of timber with a
11 timber grower without a written contract as described in
12 subsection (a).
13 (c) Each timber purchase without a written contract constitutes
14 a separate and distinct violation under this chapter.
15 (d) Failure to have a written contract to purchase timber does
16 not limit the remedies available to a timber grower under this
17 chapter.
18 SECTION 49. IC 25-36.5-1-3.2, AS AMENDED BY P.L.57-2013,
19 SECTION 86, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
20 JULY 1, 2022]: Sec. 3.2. (a) This section refers to an adjudicative
21 proceeding against:
22 (1) a timber buyer; or
23 (2) a person who cuts timber but is not a timber buyer (referred to
24 as a "timber cutter" in this section).
25 (b) The department may under IC 4-21.5-3-8 commence a
26 proceeding against a timber buyer or a timber cutter if there is reason
27 to believe that:
28 (1) the timber buyer or timber cutter has acquired timber from a
29 timber grower under a written contract for the sale of the timber
30 without payment having been made to the timber grower as
31 specified in the contract; or
32 (2) if:
33 (A) there is no written contract for the sale of the timber; or
34 (B) there is a written contract for the sale of the timber but the
35 contract does not set forth the purchase price for the timber;
36 the timber buyer or timber cutter has cut timber or acquired
37 timber from the timber grower without payment having been
38 made to the timber grower equal to the value of the timber as
39 determined under IC 26-1-2.
40 (c) A proceeding may be commenced under this section at the
41 request of a timber grower.
42 (d) The necessary parties to a proceeding initiated under this section
2022 IN 1103—LS 6602/DI 139 14
1 are:
2 (1) the timber grower; and
3 (2) the timber buyer or timber cutter.
4 (e) After the commencement of a proceeding under this section
5 through the service of a complaint under IC 4-21.5-3-8, a party to the
6 proceeding may move for the joinder of any of the following persons
7 having a relationship to the site or subject of the complaint:
8 (1) The surety of the timber buyer.
9 (2) A timber buyer.
10 (3) A timber cutter.
11 (4) A landowner.
12 (5) An owner of land adjacent to the land from which the timber
13 was cut.
14 (6) A consultant receiving a fee for services related to the timber.
15 (7) A professional surveyor performing an American Land Title
16 Association and American Congress on Surveying and Mapping
17 (ALTA/ACSM) land title survey.
18 (8) The department of natural resources, if the department has a
19 relationship to the site or subject of the complaint as a landowner
20 or owner of adjacent land.
21 (f) The complaint served under IC 4-21.5-3-8 to commence a
22 proceeding under this section may seek the following:
23 (1) Damages in compensation for damage actually resulting from
24 the wrongful activities of a timber buyer or timber cutter.
25 (2) Damages equal to three (3) times the stumpage value of any
26 timber that is wrongfully cut or appropriated without payment.
27 (3) Damages for costs associated with a claim or action,
28 including attorney's fees.
29 (4) Damages specified by a contract between a timber grower
30 and a timber buyer.
31 (g) Notwithstanding subsection (f), the liability on the surety bond
32 of a timber cutter is limited to the value of any timber wrongfully cut
33 or appropriated.
34 (h) A proceeding under this section is governed by IC 4-21.5.
35 Before a hearing is convened in the proceeding, a prehearing
36 conference shall be conducted to provide the parties with an
37 opportunity for settlement, including an opportunity for mediation.
38 (i) In determining the site for a hearing in a proceeding under this
39 section, the administrative law judge shall consider the convenience of
40 the parties.
41 (j) A final agency action in a proceeding under this section must
42 address all issues of damage and responsibility and, after the
2022 IN 1103—LS 6602/DI 139 15
1 completion of the opportunity for judicial review, may be enforced in
2 a civil proceeding as a judgment.
3 SECTION 50. IC 25-36.5-1-4 IS AMENDED TO READ AS
4 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 4. It The following
5 shall be unlawful and a violation of this chapter:
6 (a) For any timber buyer to fail to pay, as agreed, for any timber
7 purchased.
8 (b) For any timber buyer to cut or cause to be cut or appropriate any
9 timber not purchased.
10 (c) For a timber buyer to willfully make any false statement in
11 connection with the application, bond or other information required to
12 be given to the department or a timber grower.
13 (d) For a timber buyer to fail to honestly account to the timber
14 grower or the department for timber purchased or cut if the buyer is
15 under a duty to do so. and
16 (e) For a timber buyer to commit any fraudulent act in connection
17 with the purchase or cutting of timber.
18 (f) For a timber buyer to violate a provision of this chapter or
19 a rule of the department adopted under this chapter.
20 SECTION 51. IC 25-36.5-1-4.9 IS AMENDED TO READ AS
21 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 4.9. The director may
22 refuse to issue a timber buyer registration certificate to an applicant
23 that has:
24 (1) been convicted of a felony;
25 (2) violated a provision of this chapter; or
26 (3) violated a rule adopted by the department under this chapter;
27 or
28 (4) an active or pending suspension of a timber buyer license
29 under section 16 of this chapter.
30 SECTION 52. IC 25-36.5-1-8 IS AMENDED TO READ AS
31 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 8. (a) The department
32 may inspect the premises used by any timber buyer in the conduct of
33 his the timber buyer's business at any reasonable time and the books,
34 accounts, records and papers of every such timber buyer shall at all
35 times during business hours be subject to inspection by the department.
36 (b) A timber buyer shall keep complete and accurate records
37 and accounts for each transaction. The timber buyer shall retain
38 records and accounts for not less than five (5) years after a
39 transaction.
40 (c) The information obtained under this section is exempt under
41 IC 5-14-3-4(a)(1). Unless otherwise required by judicial order, the
42 information obtained under this section may be disclosed only to
2022 IN 1103—LS 6602/DI 139 16
1 the director, the director's designee, or a timber grower.
2 SECTION 53. IC 25-36.5-1-16 IS AMENDED TO READ AS
3 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 16. (a) The director
4 may revoke, or suspend, deny, or refuse to issue any license or agent's
5 registration under that license if the applicant or holder of that license
6 has:
7 (1) been convicted of a felony;
8 (2) violated any provision of this chapter; or
9 (3) violated any rule or regulation of the department promulgated
10 under this chapter.
11 Revocation or suspension of a license or an agent's registration shall be
12 determined by the director after an administrative hearing as provided
13 in section 12 of this chapter. subsection (d).
14 (b) The director may suspend a license for not more than ninety
15 (90) days before a final adjudication if the director finds that the
16 holder of a timber buyer's license poses a clear and immediate
17 danger to public health, safety, or property if allowed to continue
18 to operate.
19 (c) The director may renew a suspension under subsection (b)
20 for a period of not more than ninety (90) days. There is no limit to
21 the number of times the director may renew a suspension.
22 (d) A proceeding under this chapter to revoke, suspend, deny,
23 or refuse to issue a license shall be conducted in the manner
24 prescribed by IC 4-21.5-3.
25 SECTION 54. IC 31-25-4-32, AS AMENDED BY P.L.150-2018,
26 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
27 JULY 1, 2022]: Sec. 32. (a) When the Title IV-D agency finds that an
28 obligor is delinquent, the Title IV-D agency shall send, to a verified
29 address, a notice to the obligor that does the following:
30 (1) Specifies that the obligor is delinquent.
31 (2) Describes the amount of child support that the obligor is in
32 arrears.
33 (3) States that unless the obligor:
34 (A) pays the obligor's child support arrearage in full;
35 (B) establishes a payment plan with the Title IV-D agency to
36 pay the arrearage, which includes an income withholding
37 order; or
38 (C) requests a hearing under section 33 of this chapter;
39 within twenty (20) days after the date the notice is mailed, the
40 Title IV-D agency shall issue an order to the bureau of motor
41 vehicles stating that the obligor is delinquent and that the
42 obligor's driving privileges shall be suspended.
2022 IN 1103—LS 6602/DI 139 17
1 (4) Explains that the obligor has twenty (20) days after the notice
2 is mailed to do one (1) of the following:
3 (A) Pay the obligor's child support arrearage in full.
4 (B) Establish a payment plan with the Title IV-D agency to
5 pay the arrearage, which includes an income withholding order
6 under IC 31-16-15-2 or IC 31-16-15-2.5.
7 (C) Request a hearing under section 33 of this chapter.
8 (5) Explains that if the obligor has not satisfied any of the
9 requirements of subdivision (4) not later than twenty (20) days
10 after the notice is mailed, that the Title IV-D agency shall issue a
11 notice to:
12 (A) the board or department that regulates the obligor's
13 profession or occupation, if any, that the obligor is delinquent
14 and that the obligor may be subject to sanctions under
15 IC 25-1-1.2, including suspension or revocation of the
16 obligor's professional or occupational license;
17 (B) the supreme court disciplinary commission if the obligor
18 is licensed to practice law;
19 (C) the department of education established by IC 20-19-3-1
20 if the obligor is a licensed teacher;
21 (D) the Indiana horse racing commission if the obligor holds
22 or applies for a license issued under IC 4-31-6;
23 (E) the Indiana gaming commission if the obligor holds or
24 applies for a license issued under IC 4-33 and IC 4-35;
25 (F) the commissioner of the department of insurance if the
26 obligor holds or is an applicant for a license issued under
27 IC 27-1-15.6, IC 27-1-15.8, or IC 27-10-3;
28 (G) the director of the department of natural resources if the
29 obligor holds or is an applicant for a license issued by the
30 department of natural resources under:
31 (i) IC 14-22-12 (fishing, hunting, and trapping licenses);
32 (ii) IC 14-22-14 (Lake Michigan commercial fishing
33 license);
34 (iii) (ii) IC 14-22-16 (bait dealer's license);
35 (iv) IC 14-22-17 (mussel license);
36 (v) (iii) IC 14-22-19 (fur buyer's license);
37 (vi) (iv) IC 14-24-7 (nursery dealer's license); or
38 (vii) (v) IC 14-31-3 (ginseng dealer's license); or
39 (H) the alcohol and tobacco commission if the obligor holds or
40 applies for an employee's permit under IC 7.1-3-18-9(a)(3).
41 (6) Explains that the only basis for contesting the issuance of an
42 order under subdivision (3) or (5) is a mistake of fact.
2022 IN 1103—LS 6602/DI 139 18
1 (7) Explains that an obligor may contest the Title IV-D agency's
2 determination to issue an order under subdivision (3) or (5) by
3 making written application to the Title IV-D agency not later than
4 twenty (20) days after the date the notice is mailed.
5 (8) Explains the procedures to:
6 (A) pay the obligor's child support arrearage in full; and
7 (B) establish a payment plan with the Title IV-D agency to pay
8 the arrearage, which must include an income withholding
9 order under IC 31-16-15-2 or IC 31-16-15-2.5.
10 (b) Whenever the Title IV-D agency finds that an obligor is
11 delinquent and has failed to:
12 (1) pay the obligor's child support arrearage in full;
13 (2) establish a payment plan with the Title IV-D agency to pay the
14 arrearage, which includes an income withholding order under
15 IC 31-16-15-2 or IC 31-16-15-2.5; or
16 (3) request a hearing under section 33 of this chapter not later
17 than twenty (20) days after the date the notice described in
18 subsection (a) is mailed;
19 the Title IV-D agency shall issue an order to the bureau of motor
20 vehicles stating that the obligor is delinquent.
21 (c) An order issued under subsection (b) must require the following:
22 (1) If the obligor who is the subject of the order holds a driving
23 license or permit on the date the order is issued, that the driving
24 privileges of the obligor be suspended until further order of the
25 Title IV-D agency.
26 (2) If the obligor who is the subject of the order does not hold a
27 driving license or permit on the date the order is issued, that the
28 bureau of motor vehicles may not issue a driving license or permit
29 to the obligor until the bureau of motor vehicles receives a further
30 order from the Title IV-D agency.
31 (d) The Title IV-D agency shall provide the:
32 (1) full name;
33 (2) date of birth;
34 (3) verified address; and
35 (4) Social Security number or driving license number;
36 of the obligor to the bureau of motor vehicles.
37 (e) Whenever the Title IV-D agency finds that an obligor who is an
38 applicant (as defined in IC 25-1-1.2-1) or a practitioner (as defined in
39 IC 25-1-1.2-6) is delinquent and the applicant or practitioner has failed
40 to:
41 (1) pay the obligor's child support arrearage in full;
42 (2) establish a payment plan with the Title IV-D agency to pay the
2022 IN 1103—LS 6602/DI 139 19
1 arrearage, which includes an income withholding order under
2 IC 31-16-15-2 or IC 31-16-15-2.5; or
3 (3) request a hearing under section 33 of this chapter;
4 the Title IV-D agency shall issue an order to the board regulating the
5 practice of the obligor's profession or occupation stating that the
6 obligor is delinquent.
7 (f) An order issued under subsection (e) must direct the board or
8 department regulating the obligor's profession or occupation to impose
9 the appropriate sanctions described under IC 25-1-1.2.
10 (g) Whenever the Title IV-D agency finds that an obligor who is an
11 attorney or a licensed teacher is delinquent and the attorney or licensed
12 teacher has failed to:
13 (1) pay the obligor's child support arrearage in full;
14 (2) establish a payment plan with the Title IV-D agency to pay the
15 arrearage, which includes an income withholding order under
16 IC 31-16-15-2 or IC 31-16-15-2.5; or
17 (3) request a hearing under section 33 of this chapter;
18 the Title IV-D agency shall notify the supreme court disciplinary
19 commission if the obligor is an attorney, or the department of education
20 if the obligor is a licensed teacher, that the obligor is delinquent.
21 (h) Whenever the Title IV-D agency finds that an obligor who holds
22 a license issued under IC 4-31-6, IC 4-33, or IC 4-35 has failed to:
23 (1) pay the obligor's child support arrearage in full;
24 (2) establish a payment plan with the Title IV-D agency to pay the
25 arrearage, which includes an income withholding order under
26 IC 31-16-15-2 or IC 31-16-15-2.5; or
27 (3) request a hearing under section 33 of this chapter;
28 the Title IV-D agency shall issue an order to the Indiana horse racing
29 commission if the obligor holds a license issued under IC 4-31-6, or to
30 the Indiana gaming commission if the obligor holds a license issued
31 under IC 4-33 or IC 4-35, stating that the obligor is delinquent and
32 directing the commission to impose the appropriate sanctions described
33 in IC 4-31-6-11, IC 4-33-8.5-3, or IC 4-35-6.7-2.
34 (i) Whenever the Title IV-D agency finds that an obligor who holds
35 a license issued under IC 27-1-15.6, IC 27-1-15.8, or IC 27-10-3 has
36 failed to:
37 (1) pay the obligor's child support arrearage in full;
38 (2) establish a payment plan with the Title IV-D agency to pay the
39 arrearage, which includes an income withholding order under
40 IC 31-16-15-2 or IC 31-16-15-2.5; or
41 (3) request a hearing under section 33 of this chapter;
42 the Title IV-D agency shall issue an order to the commissioner of the
2022 IN 1103—LS 6602/DI 139 20
1 department of insurance stating that the obligor is delinquent and
2 directing the commissioner to impose the appropriate sanctions
3 described in IC 27-1-15.6-29 or IC 27-10-3-20.
4 (j) Whenever the Title IV-D agency finds that an obligor who holds
5 a license issued by the department of natural resources under
6 IC 14-22-12, IC 14-22-14, IC 14-22-16, IC 14-22-17, IC 14-22-19,
7 IC 14-24-7, or IC 14-31-3 has failed to:
8 (1) pay the obligor's child support arrearage in full;
9 (2) establish a payment plan with the Title IV-D agency to pay the
10 arrearage, which includes an income withholding order under
11 IC 31-16-15-2 or IC 31-16-15-2.5; or
12 (3) request a hearing under section 33 of this chapter;
13 the Title IV-D agency shall issue an order to the director of the
14 department of natural resources stating that the obligor is delinquent
15 and directing the director to suspend or revoke a license issued to the
16 obligor by the department of natural resources as provided in
17 IC 14-11-3.
18 (k) If the Title IV-D agency finds that an obligor who holds an
19 employee's permit issued under IC 7.1-3-18-9(a)(3) has failed to:
20 (1) pay the obligor's child support arrearage in full;
21 (2) establish a payment plan with the Title IV-D agency to pay the
22 arrearage, which includes an income withholding order under
23 IC 31-16-15-2 or IC 31-16-15-2.5; or
24 (3) request a hearing under section 33 of this chapter;
25 the Title IV-D agency shall issue an order to the alcohol and tobacco
26 commission stating that the obligor is delinquent and directing the
27 alcohol and tobacco commission to impose the appropriate sanctions
28 under IC 7.1-3-23-44.
29 (l) A person's most recent address on file with the bureau constitutes
30 a verified address for purposes of this section.
31 (m) When an obligor who was the subject of an order issued by the
32 Title IV-D agency under subsection (b), (e), (g), (h), (i), (j), or (k) has:
33 (1) paid the obligor's child support arrearage in full; or
34 (2) established a payment plan with the Title IV-D agency to pay
35 the arrearage, which includes an income withholding order under
36 IC 31-16-15-2 or IC 31-16-15-2.5;
37 the Title IV-D agency shall provide notice to the appropriate entity
38 under subsection (b), (e), (g), (h), (i), (j), or (k) that the obligor has
39 addressed the delinquency.
40 SECTION 55. IC 31-25-4-34, AS AMENDED BY P.L.150-2018,
41 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42 JULY 1, 2022]: Sec. 34. (a) As used in this section, "board" has the
2022 IN 1103—LS 6602/DI 139 21
1 meaning set forth in IC 25-1-1.2-2.
2 (b) If an obligor holds a license issued by a board and requests a
3 hearing under section 33 of this chapter but fails to appear or appears
4 and is found to be delinquent, the Title IV-D agency shall issue an
5 order to the board that issued the obligor's license:
6 (1) stating that the obligor is delinquent; and
7 (2) requiring the board to comply with the actions required under
8 IC 25-1-1.2-8.
9 (c) If an obligor holds a license issued under IC 4-31-6, IC 4-33, or
10 IC 4-35 and requests a hearing under section 33 of this chapter but fails
11 to appear or appears and is found to be delinquent, the Title IV-D
12 agency shall issue an order to the:
13 (1) Indiana horse racing commission, if the obligor holds a license
14 issued under IC 4-31-6; or
15 (2) Indiana gaming commission, if the obligor holds a license
16 issued under IC 4-33 or IC 4-35;
17 stating that the obligor is delinquent and requiring the commission to
18 comply with the actions required under IC 4-31-6-11, IC 4-33-8.5-3, or
19 IC 4-35-6.7-2.
20 (d) If an obligor holds a license issued under IC 27-1-15.6,
21 IC 27-1-15.8, or IC 27-10-3 and requests a hearing under section 33 of
22 this chapter but fails to appear or appears and is found to be delinquent,
23 the Title IV-D agency shall issue an order to the commissioner of the
24 department of insurance:
25 (1) stating that the obligor is delinquent; and
26 (2) requiring the commissioner to comply with the actions
27 required under IC 27-1-15.6-29 or IC 27-10-3-20.
28 (e) If an obligor holds a license issued by the department of natural
29 resources under IC 14-22-12, IC 14-22-14, IC 14-22-16, IC 14-22-17,
30 IC 14-22-19, IC 14-24-7, or IC 14-31-3 and requests a hearing under
31 section 33 of this chapter but fails to appear, or appears and is found to
32 be delinquent, the Title IV-D agency shall issue an order to the director
33 of the department of natural resources:
34 (1) stating that the obligor is delinquent; and
35 (2) requiring the director to suspend or revoke a license issued by
36 the department as provided in IC 14-11-3.
37 (f) If an obligor:
38 (1) holds an employee's permit issued under IC 7.1-3-18-9(a)(3);
39 and
40 (2) requests a hearing under section 33 of this chapter but fails to
41 appear or appears and is found to be delinquent;
42 the Title IV-D agency shall issue an order to the alcohol and tobacco
2022 IN 1103—LS 6602/DI 139 22
1 commission stating that the obligor is delinquent and requiring the
2 commission to impose the appropriate sanctions under IC 7.1-3-23-44.
3 (g) When an obligor who was the subject of an order issued by the
4 Title IV-D agency under subsection (b), (c), (d), (e), or (f) has:
5 (1) paid the obligor's child support arrearage in full; or
6 (2) established a payment plan with the Title IV-D agency to pay
7 the arrearage, which includes an income withholding order under
8 IC 31-16-15-2 or IC 31-16-15-2.5;
9 the Title IV-D agency shall provide notice to the appropriate entity
10 under subsection (b), (c), (d), (e), or (f) that the obligor has addressed
11 the delinquency.
12 SECTION 56. IC 35-52-14-25 IS REPEALED [EFFECTIVE JULY
13 1, 2022]. Sec. 25. IC 14-22-14-22 defines a crime concerning fishing
14 licenses.
15 SECTION 57. IC 35-52-14-26.5 IS REPEALED [EFFECTIVE
16 JULY 1, 2022]. Sec. 26.5. IC 14-22-17-2 defines a crime concerning
17 mussel licenses.
2022 IN 1103—LS 6602/DI 139