*HB1103.1*
January 24, 2022
HOUSE BILL No. 1103
_____
DIGEST OF HB 1103 (Updated January 24, 2022 1:58 pm - DI 139)
Citations Affected: IC 14-8; IC 14-10; IC 14-11; IC 14-22; IC 14-28;
IC 14-34; IC 25-36.5; IC 31-25; IC 35-52.
Synopsis: Department of natural resources. 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. Provides
instances when a construction permit for a floodway is not required to
remove a logjam or mass of wood debris that has accumulated in a
river or stream. Provides that, beginning January 1, 2022, the director
of the department shall not exercise authority to remove or eliminate an
abode or residence from a floodway if the abode or residence was
constructed before January 1, 2022. (Current law provides that the
director of the department shall not exercise the authority of the
residence or abode was constructed before January 1, 2020.) Provides
that before July 1, 2023, the department shall adopt a license for the
removal of trees; channel maintenance; and bank reconstruction, repair,
and stabilization in a floodway. Provides that a local floodplain
administrator shall utilize the best floodplain mapping data available
(Continued next page)
Effective: July 1, 2022.
Eberhart, Boy
January 4, 2022, read first time and referred to Committee on Natural Resources.
January 24, 2022, amended, reported — Do Pass.
HB 1103—LS 6602/DI 139 Digest Continued
as provided by the department and located on the Indiana Floodplain
Information Portal when reviewing a permit application for a structure
or a construction activity in, or near, a floodplain. 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 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.
HB 1103—LS 6602/DI 139HB 1103—LS 6602/DI 139 January 24, 2022
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 14-8-2-44 IS REPEALED [EFFECTIVE JULY 1,
2 2022]. Sec. 44. "Commercial fishing", for purposes of IC 14-22-14, has
3 the meaning set forth in IC 14-22-14-1.
4 SECTION 2. IC 14-8-2-45 IS REPEALED [EFFECTIVE JULY 1,
5 2022]. Sec. 45. "Commercial fishing gear", for purposes of
6 IC 14-22-14, has the meaning set forth in IC 14-22-14-2.
7 SECTION 3. IC 14-8-2-46 IS REPEALED [EFFECTIVE JULY 1,
8 2022]. Sec. 46. "Commercial fishing license", for purposes of
9 IC 14-22-14, has the meaning set forth in IC 14-22-14-3.
10 SECTION 4. IC 14-8-2-138 IS REPEALED [EFFECTIVE JULY 1,
11 2022]. Sec. 138. "Lake Michigan", for purposes of IC 14-22-14, has the
12 meaning set forth in IC 14-22-14-4.
13 SECTION 5. IC 14-8-2-242, AS AMENDED BY P.L.148-2020,
14 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2022]: Sec. 242. (a) "Resident", for purposes of IC 14-22,
HB 1103—LS 6602/DI 139 2
1 except as provided in subsection (b), means a person who:
2 (1) is domiciled in Indiana for sixty (60) consecutive days
3 immediately preceding the date of the purchase of a license or
4 permit; and
5 (2) does not claim residency for hunting, fishing, or trapping in
6 any state other than Indiana or any country other than the United
7 States.
8 (b) "Resident", for purposes of IC 14-22-17, has the meaning set
9 forth in IC 14-22-17-1.
10 (c) (b) "Resident", for purposes of IC 14-33-24-9, has the meaning
11 set forth in IC 14-33-24-9(a).
12 SECTION 6. IC 14-10-2-4, AS AMENDED BY P.L.164-2020,
13 SECTION 46, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14 JULY 1, 2022]: Sec. 4. (a) The commission shall adopt rules under
15 IC 4-22-2 to carry out the commission's duties under this title.
16 (b) The commission may adopt rules to exempt an activity from
17 licensing under this title, except:
18 (1) IC 14-34;
19 (2) IC 14-36-1; and
20 (3) IC 14-38-2;
21 if the activity poses not more than a minimal potential for harm.
22 (c) Except as provided in subsection (d), whenever the department
23 or the director has the authority to adopt rules under IC 4-22-2, the
24 commission shall exclusively exercise the authority.
25 (d) Emergency rules adopted under section 5 of this chapter shall be
26 adopted by the director.
27 (e) Not withstanding IC 4-22-2-24, the commission may adopt
28 rules under IC 4-22-2 for electronic notification of rules under
29 consideration for adoption rather than publishing notice in a
30 newspaper of general circulation.
31 (e) (f) A person who violates a rule adopted by the commission
32 commits a Class C infraction, unless otherwise specified under state
33 law.
34 SECTION 7. IC 14-11-3-4, AS AMENDED BY P.L.150-2018,
35 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36 JULY 1, 2022]: Sec. 4. (a) Upon receiving an order from the bureau
37 under IC 31-25-4-32(j) or IC 31-25-4-34(e), the director shall place on
38 probationary status any license issued under IC 14-22-12, IC 14-22-14,
39 IC 14-22-16, IC 14-22-17, IC 14-22-19, IC 14-24-7, or IC 14-31-3 and
40 held by the person who is the subject of the order. The director shall
41 send the person a notice that does the following:
42 (1) States that the person's license has been placed on
HB 1103—LS 6602/DI 139 3
1 probationary status.
2 (2) States that the person's license will be suspended if the
3 director has not received notice from the bureau under
4 IC 31-25-4-32(m) or IC 31-25-4-34(g) within twenty (20) days
5 after the date of the notice.
6 (3) Describes the amount of child support that the person is in
7 arrears.
8 (4) Explains the procedures to:
9 (A) pay the person's child support arrearage in full; and
10 (B) establish a payment plan with the bureau to pay the
11 arrearage, which must include an income withholding order
12 under IC 31-16-15-2 or IC 31-16-15-2.5.
13 (b) If the director has not received notice from the bureau under
14 IC 31-25-4-32(m) or IC 31-25-4-34(g) within twenty (20) days after the
15 date of the notice in subsection (a), the director shall suspend the
16 license issued to the person under IC 14-22-12, IC 14-22-14,
17 IC 14-22-16, IC 14-22-17, IC 14-22-19, IC 14-24-7, or IC 14-31-3.
18 (c) The director may not reinstate a license placed on probationary
19 status or suspended under this section until the director receives a
20 notice from the bureau under IC 31-25-4-32(m) or IC 31-25-4-34(g)
21 that the person has addressed the delinquency.
22 SECTION 8. IC 14-22-2-10, AS AMENDED BY P.L.154-2019,
23 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
24 JULY 1, 2022]: Sec. 10. (a) Notwithstanding any law in this article, the
25 commission may adjust a license and permit fee, including an
26 application fee, in an amount that is above the minimum fee
27 established under the following:
28 (1) Section 4 of this chapter (Licenses and permits written by the
29 director).
30 (2) IC 14-22-9-10 (Aquatic vegetation control).
31 (3) IC 14-22-13-1 (Commercial fishing).
32 (4) IC 14-22-13-2 (Commercial fishing on the Ohio River).
33 (5) IC 14-22-13-2.5 (Roe harvester or dealer).
34 (6) IC 14-22-14-9 (Commercial fishing on Lake Michigan).
35 (7) IC 14-22-14-10 (Commercial fishing on Lake Michigan).
36 (8) (6) IC 14-22-15-2 (Fishing guide).
37 (9) (7) IC 14-22-15.5-3 (Hunting guide).
38 (10) (8) IC 14-22-16-1 (Bait dealer).
39 (11) (9) IC 14-22-19-2 (Fur buyer).
40 (12) (10) IC 14-22-20-1 (Game breeder).
41 (13) (11) IC 14-22-21-2 (Taxidermist).
42 (14) (12) IC 14-22-22-2 (Scientific purposes).
HB 1103—LS 6602/DI 139 4
1 (15) (13) IC 14-22-23-3 (Falconry).
2 (16) (14) IC 14-22-24-2 (Field trials).
3 (17) (15) IC 14-22-25-3 (Fish and wild animal importation).
4 (18) (16) IC 14-22-26-4 (Wild animal possession).
5 (19) (17) IC 14-22-27-2 (Fish stocking).
6 (20) (18) IC 14-22-31-2 (Private shooting preserve).
7 (b) Before adopting fees under this section, the commission shall
8 consider the amount that is reasonably necessary to generate revenue
9 sufficient to offset the costs incurred in carrying out the department's
10 responsibilities and operating any related programs.
11 (c) A fee that is submitted with an application for a license or permit
12 listed under subsection (a) is not refundable.
13 SECTION 9. IC 14-22-14-1 IS REPEALED [EFFECTIVE JULY 1,
14 2022]. Sec. 1. As used in this chapter, "commercial fishing" means the
15 taking of fish by means of commercial fishing gear.
16 SECTION 10. IC 14-22-14-2 IS REPEALED [EFFECTIVE JULY
17 1, 2022]. Sec. 2. As used in this chapter, "commercial fishing gear"
18 means fishing equipment, including boats, nets, and other equipment,
19 used to take fish from Lake Michigan to sell at wholesale or retail.
20 SECTION 11. IC 14-22-14-3 IS REPEALED [EFFECTIVE JULY
21 1, 2022]. Sec. 3. As used in this chapter, "commercial fishing license"
22 refers to a commercial fishing license issued under this chapter.
23 SECTION 12. IC 14-22-14-4 IS REPEALED [EFFECTIVE JULY
24 1, 2022]. Sec. 4. As used in this chapter, "Lake Michigan" refers to the
25 waters of Lake Michigan that are within Indiana.
26 SECTION 13. IC 14-22-14-5 IS AMENDED TO READ AS
27 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 5. A person must have
28 a commercial fishing license to may not take fish from the Indiana
29 waters of Lake Michigan with commercial fishing gear.
30 SECTION 14. IC 14-22-14-6 IS REPEALED [EFFECTIVE JULY
31 1, 2022]. Sec. 6. To be eligible to hold a commercial fishing license,
32 the following conditions must be met:
33 (1) If the person is not a corporation, all individuals comprising
34 the person must be residents of Indiana.
35 (2) If the person is a corporation, the corporation must be an
36 Indiana corporation and all shareholders in the corporation must
37 be residents of Indiana.
38 SECTION 15. IC 14-22-14-7 IS REPEALED [EFFECTIVE JULY
39 1, 2022]. Sec. 7. The department may renew a commercial fishing
40 license, but may not issue an original commercial fishing license.
41 SECTION 16. IC 14-22-14-8 IS REPEALED [EFFECTIVE JULY
42 1, 2022]. Sec. 8. Commercial fishing licenses are designated as
HB 1103—LS 6602/DI 139 5
1 follows:
2 (1) Class 1.
3 (2) Class 2.
4 (3) Class 3.
5 SECTION 17. IC 14-22-14-9 IS REPEALED [EFFECTIVE JULY
6 1, 2022]. Sec. 9. (a) A commercial fishing license:
7 (1) expires December 31 of the year for which the license was
8 issued or reserved;
9 (2) may be renewed or reserved annually; however, if an
10 application to renew or reserve a license is not received by the
11 department before February 1 of the year following the expiration
12 or reserved period of the license, the license may not be renewed,
13 reserved, or reinstated;
14 (3) that is reserved is inactive and may not be used, merged,
15 transferred, or converted during the reserved year; and
16 (4) subject to IC 14-22-2-10, may be reserved for one (1) year for
17 a minimum fee of twenty-five dollars ($25).
18 (b) The department shall report annually to the natural resources
19 committees of the house of representatives and the senate for the
20 purpose of updating the status of yellow perch in Lake Michigan as it
21 affects sport and commercial fishing and fishermen in Indiana.
22 SECTION 18. IC 14-22-14-10 IS REPEALED [EFFECTIVE JULY
23 1, 2022]. Sec. 10. Subject to IC 14-22-2-10, the minimum renewal fees
24 for commercial fishing licenses are as follows:
25 (1) Class 1, three thousand dollars ($3,000).
26 (2) Class 2, six thousand dollars ($6,000).
27 (3) Class 3, nine thousand dollars ($9,000).
28 SECTION 19. IC 14-22-14-11 IS REPEALED [EFFECTIVE JULY
29 1, 2022]. Sec. 11. Except as provided under section 9 of this chapter,
30 and subject to section 12 of this chapter, a commercial fishing license
31 may be transferred from one (1) person to another.
32 SECTION 20. IC 14-22-14-12 IS REPEALED [EFFECTIVE JULY
33 1, 2022]. Sec. 12. (a) Except as provided in sections 13 and 14 of this
34 chapter, a person may not hold or have an interest in more than one (1)
35 commercial fishing license.
36 (b) If a person having an interest in one (1) commercial fishing
37 license acquires an interest in a second commercial fishing license:
38 (1) the second license is valid; and
39 (2) the person is considered to have surrendered the first license.
40 The first license may not be reinstated.
41 SECTION 21. IC 14-22-14-13 IS REPEALED [EFFECTIVE JULY
42 1, 2022]. Sec. 13. A person holding a Class 1 or Class 2 license may
HB 1103—LS 6602/DI 139 6
1 acquire another license for the purpose of merging the licenses to form
2 a Class 2 or Class 3 license as follows:
3 (1) At the time a person holding a Class 1 license acquires
4 another Class 1 license, the two (2) licenses merge and become a
5 Class 2 license.
6 (2) At the time a person holding:
7 (A) a Class 1 license acquires a Class 2 license; or
8 (B) a Class 2 license acquires a Class 1 license;
9 the two (2) licenses merge and become a Class 3 license.
10 SECTION 22. IC 14-22-14-14 IS REPEALED [EFFECTIVE JULY
11 1, 2022]. Sec. 14. A person holding a Class 1 license and a person
12 holding a Class 3 license may convert the licenses to two (2) Class 2
13 licenses.
14 SECTION 23. IC 14-22-14-15 IS REPEALED [EFFECTIVE JULY
15 1, 2022]. Sec. 15. (a) The commission may adopt rules to establish
16 procedures for the:
17 (1) transfer;
18 (2) merger; or
19 (3) exchange;
20 of commercial fishing licenses.
21 (b) The fee for processing:
22 (1) a transfer;
23 (2) a merger; or
24 (3) an exchange;
25 of a commercial fishing license under this chapter is one hundred
26 dollars ($100).
27 SECTION 24. IC 14-22-14-16 IS REPEALED [EFFECTIVE JULY
28 1, 2022]. Sec. 16. A Class 2 or Class 3 commercial fishing license may
29 be surrendered to the department in exchange for a Class 1 or Class 2
30 license. This is not considered to be the issuance of an original license.
31 SECTION 25. IC 14-22-14-17 IS REPEALED [EFFECTIVE JULY
32 1, 2022]. Sec. 17. Each boat engaged in commercial fishing must carry
33 documentation specified by rules adopted by the commission that the
34 boat is operating under the authority of a commercial fishing license.
35 SECTION 26. IC 14-22-14-18 IS REPEALED [EFFECTIVE JULY
36 1, 2022]. Sec. 18. (a) The holder of a commercial fishing license must,
37 in the manner established by rules adopted by the commission,
38 designate an individual as captain of a boat operated by the holder of
39 a commercial fishing license. A designated captain must meet the
40 following conditions:
41 (1) Be a resident of Indiana.
42 (2) Have experience as a commercial fisherman.
HB 1103—LS 6602/DI 139 7
1 (3) Possess other qualifications established by rules adopted by
2 the commission.
3 (b) Except in an emergency, as defined under rules adopted by the
4 commission, an individual who is designated as a captain by the holder
5 of one (1) commercial fishing license may not:
6 (1) be designated as a captain by; or
7 (2) work for;
8 the holder of another commercial fishing license. Notice to the
9 department of the emergency designation of a captain must be provided
10 under rules adopted by the commission.
11 SECTION 27. IC 14-22-14-19 IS REPEALED [EFFECTIVE JULY
12 1, 2022]. Sec. 19. An individual designated as captain under section 18
13 of this chapter must be aboard each commercial fishing boat of the
14 holder of the commercial fishing license while the boat is engaged in
15 an activity related to commercial fishing.
16 SECTION 28. IC 14-22-14-20 IS REPEALED [EFFECTIVE JULY
17 1, 2022]. Sec. 20. (a) The department shall regulate commercial fishing
18 in Lake Michigan to protect the resource of fish for commercial and
19 sport fishing.
20 (b) To protect the resource of fish in Lake Michigan, the department
21 shall regulate the number of nets that may be used by persons who have
22 been issued a commercial fishing license as follows:
23 (1) Persons who have a Class 2 license are entitled to use two (2)
24 times the number of nets as persons who have a Class 1 license.
25 (2) Persons who have a Class 3 license are entitled to use three (3)
26 times the number of nets as persons who have a Class 1 license.
27 SECTION 29. IC 14-22-14-21 IS REPEALED [EFFECTIVE JULY
28 1, 2022]. Sec. 21. The commission may adopt rules to establish
29 restrictions on the following:
30 (1) Localities that may be fished.
31 (2) The kind, mesh size, and quantity of fishing gear that may be
32 used.
33 (3) The quantity of fish that may be taken.
34 (4) Other restrictions the commission considers necessary to
35 protect the fishing resource in Lake Michigan.
36 SECTION 30. IC 14-22-14-22 IS REPEALED [EFFECTIVE JULY
37 1, 2022]. Sec. 22. (a) Fish may not be taken from Lake Michigan by
38 means of a gill net.
39 (b) The commercial fishing license of a person who takes fish from
40 Lake Michigan by means of a gill net:
41 (1) terminates at the time of the violation; and
42 (2) may not be reinstated.
HB 1103—LS 6602/DI 139 8
1 SECTION 31. IC 14-22-14-23 IS REPEALED [EFFECTIVE JULY
2 1, 2022]. Sec. 23. (a) A person who has a commercial fishing license
3 must keep accurate records of each day's catch showing the following:
4 (1) The number of pounds of each kind of fish taken.
5 (2) The locality fished.
6 (3) The kind and amount of fishing gear employed.
7 (4) The length of time each unit of gear was fished without being
8 lifted.
9 (5) Other information the commission considers to be relevant
10 under this chapter.
11 (b) Before the sixteenth day of each month, each person holding a
12 commercial fishing license shall report, under oath when requested to
13 do so, all the data for the preceding month required under subsection
14 (a) to the director upon forms furnished by the director. The reports
15 required by this section shall be made each month whether or not any
16 fish were taken during the preceding month. If no fish were taken, that
17 fact shall be noted.
18 SECTION 32. IC 14-22-14-24 IS REPEALED [EFFECTIVE JULY
19 1, 2022]. Sec. 24. A commercial fishing license is issued upon the
20 condition that the licensee agrees to make all reports to the director
21 required by the following:
22 (1) This chapter.
23 (2) Rules adopted under this chapter.
24 SECTION 33. IC 14-22-14-25 IS REPEALED [EFFECTIVE JULY
25 1, 2022]. Sec. 25. Inadvertent failure to comply with the terms of:
26 (1) a license;
27 (2) this chapter or IC 14-2-12 (before its repeal); or
28 (3) rules adopted or orders issued under:
29 (A) IC 14-2-12 (before its repeal); or
30 (B) this chapter;
31 is grounds for suspension of the license for not more than one (1) year.
32 SECTION 34. IC 14-22-14-26 IS REPEALED [EFFECTIVE JULY
33 1, 2022]. Sec. 26. (a) Knowing or intentional failure to comply with the
34 terms of:
35 (1) a license;
36 (2) this chapter or IC 14-2-12 (before its repeal); or
37 (3) rules adopted or orders issued under:
38 (A) IC 14-2-12 (before its repeal); or
39 (B) this chapter;
40 is grounds for revocation of the license.
41 (b) A license revoked under this section may not be reinstated.
42 SECTION 35. IC 14-22-14-27 IS REPEALED [EFFECTIVE JULY
HB 1103—LS 6602/DI 139 9
1 1, 2022]. Sec. 27. (a) The director may do all things necessary to carry
2 out this chapter.
3 (b) The commission shall adopt rules under IC 4-22-2 to implement
4 this chapter.
5 SECTION 36. IC 14-22-17 IS REPEALED [EFFECTIVE JULY 1,
6 2022]. (Mussels License).
7 SECTION 37. IC 14-22-18-4 IS AMENDED TO READ AS
8 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 4. Section 2 of this
9 chapter does not authorize a resident to fish during a free sport fishing
10 day in violation of the license requirements set forth in the following:
11 (1) IC 14-22-13.
12 (2) IC 14-22-14.
13 (3) (2) IC 14-22-15.
14 (4) (3) IC 14-22-16.
15 (5) IC 14-22-17.
16 SECTION 38. IC 14-22-20-1, AS AMENDED BY P.L.195-2017,
17 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18 JULY 1, 2022]: Sec. 1. (a) The owner of a hunting preserve licensed
19 under IC 15-17-14.7 is not required to obtain a game breeder's license
20 under this section.
21 (b) The owner of a cervidae livestock operation under IC 15-17-14.5
22 is not required to obtain a game breeder's license under this section.
23 (c) The department may, under rules adopted under IC 4-22-2, issue
24 to a resident of Indiana, upon the payment of a minimum fee of fifteen
25 dollars ($15), a license to:
26 (1) propagate in captivity; and
27 (2) possess, buy, or sell; for this purpose only;
28 game birds game mammals, or furbearing mammals or wild animals
29 protected by Indiana law.
30 (d) The fee in subsection (c) is subject to IC 14-22-2-10.
31 SECTION 39. IC 14-22-20-2, AS AMENDED BY P.L.151-2012,
32 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 JULY 1, 2022]: Sec. 2. (a) A license issued under this chapter
34 authorizes the possession or sale of nonmigratory game birds game
35 mammals, or furbearing mammals for breeding purposes, for release,
36 or for food purposes or wild animals. An individual who:
37 (1) acquires a furbearing mammal wild animal alive, legally in
38 open season; or
39 (2) purchases the game bird or mammal wild animal from a
40 licensed game breeder;
41 may apply for a breeder's license within five (5) days after acquiring
42 the animal from the licensed game breeder or within five (5) days after
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1 the last day of the open season for the animal. Otherwise, the animal
2 shall be released.
3 (b) The commission shall adopt rules under IC 4-22-2 to
4 implement this section.
5 SECTION 40. IC 14-22-20-3 IS AMENDED TO READ AS
6 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 3. An animal raised
7 domestically by an out-of-state breeder may be imported into Indiana.
8 and sold for food purposes. A purchaser of such an animal raised
9 domestically by an out-of-state breeder must be able to show legal
10 proof of out-of-state origin for all animals possessed.
11 SECTION 41. IC 14-22-26-1 IS AMENDED TO READ AS
12 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 1. This chapter does not
13 apply to licensed the following licenses:
14 (1) Commercial animal dealers, breeders, or exhibitors licensed
15 by the United States Department of Agriculture for species of
16 wild and exotic animals that can be possessed without a
17 permit or license from the department under this article.
18 (2) Zoological parks.
19 (3) Circuses or carnivals.
20 (4) Research facilities and universities licensed or registered
21 with the United States Department of Agriculture.
22 (5) An organization or a person temporarily housing a wild
23 animal at the request of the department.
24 SECTION 42. IC 14-22-26-2 IS AMENDED TO READ AS
25 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 2. As used in this
26 chapter, "zoological park" means
27 (1) a permanent establishment that is a member of accredited by
28 the American Association of Zoological Parks Zoos and
29 Aquariums. or
30 (2) an agency of local government, open to and administered for
31 the public, to provide education, conservation, and preservation
32 of the earth's fauna.
33 SECTION 43. IC 14-22-26-3 IS AMENDED TO READ AS
34 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 3. The director may
35 adopt rules under IC 4-22-2 to require and issue the following:
36 (1) A permit to possess a wild animal protected by statute or rule.
37 (2) A permit to possess a wild animal that may be harmful or
38 dangerous to plants people, or domestic animals, or wild
39 animals. A separate permit is required for each wild animal
40 described in this subdivision.
41 SECTION 44. IC 14-22-26-5 IS AMENDED TO READ AS
42 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 5. (a) If an emergency
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1 exists, the director may summarily suspend a permit issued under this
2 chapter. The director may summarily seize and hold an animal for
3 which a permit is required under this chapter, pending the outcome of
4 the proceedings under this section, if either of the following conditions
5 exist:
6 (1) A permit has not been issued to possess the animal.
7 (2) A permit has been issued to possess the animal, but the
8 director believes that an emergency exists because at least one (1)
9 of the following conditions exists:
10 (A) The animal is in a position to harm another animal.
11 (B) The life or health of the animal is in peril.
12 (b) After suspending a permit or seizing and holding an animal
13 under subsection (a), the department shall proceed as quickly as
14 feasible to provide the opportunity for completed adjudicative
15 proceedings under IC 4-21.5. The proceedings may result in the
16 revocation, temporary suspension, or modification of the permit.
17 Provision may be made for a final disposition with respect to the wild
18 animal, including confiscation of the animal. IC 4-21.5 provides the
19 exclusive remedy available to a person aggrieved by a determination
20 of the department under this section.
21 (c) The director may contract with experts in the handling of
22 animals for which a permit is required under this chapter to assist the
23 director in seizing and holding an animal under this section. A person
24 who seizes and holds an animal under a contract with the director is not
25 subject to legal action arising from the seizure or holding to the same
26 extent as if the person was an employee of the department.
27 (d) The owner of an animal seized under this section is liable for the
28 costs of seizing and holding the animal and of the proceedings under
29 this section, including a trial, if any.
30 (e) A law enforcement officer or an employee of the department
31 is not liable for the destruction of a permitted animal that escapes
32 an enclosure and poses a threat to public safety.
33 SECTION 45. IC 14-28-1-22, AS AMENDED BY P.L.21-2021,
34 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35 JULY 1, 2022]: Sec. 22. (a) As used in subsection (b)(1) with respect
36 to a stream, "total length" means the length of the stream, expressed in
37 miles, from the confluence of the stream with the receiving stream to
38 the upstream or headward extremity of the stream, as indicated by the
39 solid or dashed, blue or purple line depicting the stream on the most
40 current edition of the seven and one-half (7 1/2) minute topographic
41 quadrangle map published by the United States Geological Survey,
42 measured along the meanders of the stream as depicted on the map.
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1 (b) This section does not apply to the following:
2 (1) A reconstruction or maintenance project (as defined in
3 IC 36-9-27) on a stream or an open regulated drain if the total
4 length of the stream or open drain is not more than ten (10) miles.
5 (2) A construction or reconstruction project on a state or county
6 highway bridge in a rural area that crosses a stream having an
7 upstream drainage area of not more than fifty (50) square miles
8 and the relocation of utility lines associated with the construction
9 or reconstruction project if confined to an area not more than one
10 hundred (100) feet from the limits of the highway construction
11 right-of-way.
12 (3) The performance of an activity described in subsection (c)(1)
13 or (c)(2) by a surface coal mining operation that is operated under
14 a permit issued under IC 14-34.
15 (4) Any other activity that is determined by the commission,
16 according to rules adopted under IC 4-22-2, to pose not more than
17 a minimal threat to floodway areas.
18 (5) An activity in a boundary river floodway to which section 26.5
19 of this chapter applies.
20 (6) The removal of a logjam or mass of wood debris that has
21 accumulated in a river or stream, subject to the following
22 conditions:
23 (A) Work must not be within a salmonid stream designated
24 under 327 IAC 2-1.5-5 without the prior written approval of
25 the department's division of fish and wildlife.
26 (B) Work must not be within a natural, scenic, or recreational
27 river or stream designated under 312 IAC 7-2.
28 (C) Except as otherwise provided in Indiana law, free logs or
29 affixed logs that are crossways in the channel must be cut,
30 relocated, and removed from the floodplain. Logs may be
31 maintained in the floodplain if properly anchored or otherwise
32 secured so as to resist flotation or dislodging by the flow of
33 water and placement in an area that is not a wetland. Logs
34 must be removed and secured with a minimum of damage to
35 vegetation.
36 (D) Isolated or single logs that are embedded, lodged, or
37 rooted in the channel, and that do not span the channel or
38 cause flow problems, must not be removed unless the logs are
39 either of the following:
40 (i) Associated with or in close proximity to larger
41 obstructions.
42 (ii) Posing a hazard to agriculture, business, navigation, or
HB 1103—LS 6602/DI 139 13
1 property.
2 (E) A leaning or severely damaged tree that is in immediate
3 danger of falling into the waterway may be cut and removed.
4 if the tree is associated with or in close proximity to an
5 obstruction. The root system and stump of the tree must be left
6 in place.
7 (F) To the extent practicable, the construction of access roads
8 must be minimized, and should not result in the elevation of
9 the floodplain.
10 (G) To the extent practicable, work should be performed
11 exclusively from one (1) side of a waterway. Crossing the bed
12 of a waterway is prohibited.
13 (H) To prevent the flow of sediment laden water back into the
14 waterway, appropriate sediment control measures must be
15 installed.
16 (I) Within fifteen (15) days, all bare and disturbed areas must
17 be revegetated with a mixture of grasses and legumes. Tall
18 fescue must not be used under this subdivision, except that low
19 endophyte tall fescue may be used in the bottom of the
20 waterway and on side slopes.
21 (c) A person who desires to:
22 (1) erect, make, use, or maintain a structure, an obstruction, a
23 deposit, or an excavation; or
24 (2) suffer or permit a structure, an obstruction, a deposit, or an
25 excavation to be erected, made, used, or maintained;
26 in or on a floodway must file with the director a verified written
27 application for a permit accompanied by a nonrefundable minimum fee
28 of two hundred dollars ($200).
29 (d) The application for a permit must set forth the material facts
30 together with plans and specifications for the structure, obstruction,
31 deposit, or excavation.
32 (e) An applicant must receive a permit from the director for the
33 work before beginning construction. The director shall issue a permit
34 only if in the opinion of the director the applicant has clearly proven
35 that the structure, obstruction, deposit, or excavation will not do any of
36 the following:
37 (1) Adversely affect the efficiency of or unduly restrict the
38 capacity of the floodway.
39 (2) Constitute an unreasonable hazard to the safety of life or
40 property.
41 (3) Result in unreasonably detrimental effects upon fish, wildlife,
42 or botanical resources.
HB 1103—LS 6602/DI 139 14
1 (f) In deciding whether to issue a permit under this section, the
2 director shall consider the cumulative effects of the structure,
3 obstruction, deposit, or excavation. The director may incorporate in and
4 make a part of an order of authorization conditions and restrictions that
5 the director considers necessary for the purposes of this chapter.
6 (g) A permit issued under this section:
7 (1) is valid for two (2) years after the issuance of the permit;
8 (2) to:
9 (A) the Indiana department of transportation or a county
10 highway department if there is any federal funding for the
11 project; or
12 (B) an electric utility for the construction of a power
13 generating facility;
14 is valid for five (5) years from the date of issuance; and
15 (3) is valid for the duration of a permitted project subject to
16 periodic compliance evaluations for a quarrying or aggregate
17 company for the excavation of industrial materials, including:
18 (A) clay and shale;
19 (B) crushed limestone and dolostone;
20 (C) dimension limestone;
21 (D) dimension sandstone;
22 (E) gypsum;
23 (F) peat;
24 (G) construction sand and gravel; and
25 (H) industrial sand.
26 However, a permit issued under this section expires if construction is
27 not commenced within two (2) years after the permit is issued. Except
28 as provided under section 22.1 of this chapter, a permit that is active
29 and was issued under subdivision (1) before July 1, 2014, is valid for
30 two (2) years beginning July 2014, and a permit that is active and was
31 issued under subdivision (2) before July 1, 2014, is valid for five (5)
32 years beginning July 2014.
33 (h) The holder of a permit issued under subsection (g)(3) shall
34 notify the commission within six (6) months of completing the
35 permitted project.
36 (i) A permit issued under:
37 (1) subsection (g)(1) may be renewed one (1) time for a period not
38 to exceed two (2) additional years; and
39 (2) subsection (g)(2) may be renewed one (1) time for a period not
40 to exceed five (5) additional years.
41 (j) The director shall send a copy of each permit issued under this
42 section to each river basin commission organized under:
HB 1103—LS 6602/DI 139 15
1 (1) IC 14-29-7 or IC 13-2-27 (before its repeal); or
2 (2) IC 14-13-9, IC 14-30-1 (before its repeal), or IC 36-7-6
3 (before its repeal);
4 that is affected.
5 (k) The permit holder shall post and maintain a permit issued under
6 this section at the authorized site.
7 (l) For the purposes of this chapter, the lowest floor of a building,
8 including a residence or abode, that is to be constructed or
9 reconstructed in the one hundred (100) year floodplain of an area
10 protected by a levee that is:
11 (1) inspected; and
12 (2) found to be in good or excellent condition;
13 by the United States Army Corps of Engineers shall not be lower than
14 the one hundred (100) year frequency flood elevation plus one (1) foot.
15 SECTION 46. IC 14-28-1-23, AS AMENDED BY P.L.90-2020,
16 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17 JULY 1, 2022]: Sec. 23. (a) The director may remove or eliminate a
18 structure, an obstruction, a deposit, or an excavation in a floodway that:
19 (1) adversely affects the efficiency of or unduly restricts the
20 capacity of the floodway;
21 (2) constitutes an unreasonable hazard to the safety of life or
22 property; or
23 (3) is unreasonably detrimental to fish, wildlife, or botanical
24 resources;
25 by an action in condemnation.
26 (b) In assessing the damages in the proceedings, the appraisers and
27 the court shall take into consideration whether the structure,
28 obstruction, deposit, or excavation is legally in or on the floodway.
29 (c) Beginning January 1, 2020, January 1, 2022, the director shall
30 not exercise the authority under subsection (a) to remove or eliminate
31 an abode or residence from a floodway if:
32 (1) the abode or residence was constructed before January 1,
33 2020; January 1, 2022;
34 (2) the owner of the abode or residence has taken necessary
35 measures to elevate the lowest floor of the abode or residence, as
36 reconstructed, including the basement, to at least two (2) feet
37 above the one hundred (100) year flood elevation within two (2)
38 years after receiving notification from the department concerning
39 the abode or residence; and
40 (3) the owner of the abode or residence has taken necessary
41 measures to comply with all applicable local, state, and federal
42 floodway regulations.
HB 1103—LS 6602/DI 139 16
1 SECTION 47. IC 14-28-1-39 IS ADDED TO THE INDIANA
2 CODE AS A NEW SECTION TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2022]: Sec. 39. (a) Before July 1, 2023, the
4 department shall adopt a license for the following activities in a
5 floodway:
6 (1) Removal of trees.
7 (2) Channel maintenance.
8 (3) Bank reconstruction, repair, and stabilization.
9 (b) This section expires July 1, 2024.
10 SECTION 48. IC 14-28-1-40 IS ADDED TO THE INDIANA
11 CODE AS A NEW SECTION TO READ AS FOLLOWS
12 [EFFECTIVE JULY 1, 2022]: Sec. 40. A local floodplain
13 administrator shall utilize the best floodplain mapping data
14 available as provided by the department and located on the
15 Indiana Floodplain Information Portal when reviewing a permit
16 application for a structure or a construction activity in, or near, a
17 floodplain.
18 SECTION 49. IC 14-34-4-5 IS AMENDED TO READ AS
19 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 5. (a) If written
20 objections are filed and an informal conference or a public hearing is
21 requested, the director shall hold the conference or public hearing in
22 the locality of the proposed surface coal mining operation within a
23 reasonable time of receipt of the objections or request. The director
24 shall advertise in a newspaper of general circulation in the county in
25 which the proposed surface coal mining operation is located at least
26 two (2) weeks before the scheduled conference or public hearing the
27 date, time, and location of the conference or public hearing.
28 (b) The director may arrange with the applicant, upon request by
29 any party to the administrative proceeding, access to the proposed
30 mining area for the purpose of gathering information relevant to the
31 proceeding.
32 (c) An electronic or a stenographic record shall be made of the
33 conference or public hearing. unless waived by all parties. The director
34 shall maintain the record and have the record accessible to the parties
35 until final release of the applicant's performance bond.
36 (d) The director may not hold the conference or public hearing if
37 any of the following conditions exist:
38 (1) All parties requesting the conference or public hearing
39 stipulate agreement before the conference or public hearing and
40 withdraw their request.
41 (2) The request fails to comply with the requirements of section
42 4 of this chapter.
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1 (3) The objections do not concern a matter within the scope of
2 this article or the commission's rules.
3 SECTION 50. IC 25-36.5-1-2.1 IS ADDED TO THE INDIANA
4 CODE AS A NEW SECTION TO READ AS FOLLOWS
5 [EFFECTIVE JULY 1, 2022]: Sec. 2.1. (a) A contract to purchase
6 timber must be in writing pursuant to:
7 (1) the Uniform Commercial Code (IC 26-1); and
8 (2) the rules adopted by the department.
9 (b) No person shall engage in the purchase of timber with a
10 timber grower without a written contract as described in
11 subsection (a).
12 (c) Each timber purchase without a written contract constitutes
13 a separate and distinct violation under this chapter.
14 (d) Failure to have a written contract to purchase timber does
15 not limit the remedies available to a timber grower under this
16 chapter.
17 SECTION 51. IC 25-36.5-1-3.2, AS AMENDED BY P.L.57-2013,
18 SECTION 86, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
19 JULY 1, 2022]: Sec. 3.2. (a) This section refers to an adjudicative
20 proceeding against:
21 (1) a timber buyer; or
22 (2) a person who cuts timber but is not a timber buyer (referred to
23 as a "timber cutter" in this section).
24 (b) The department may under IC 4-21.5-3-8 commence a
25 proceeding against a timber buyer or a timber cutter if there is reason
26 to believe that:
27 (1) the timber buyer or timber cutter has acquired timber from a
28 timber grower under a written contract for the sale of the timber
29 without payment having been made to the timber grower as
30 specified in the contract; or
31 (2) if:
32 (A) there is no written contract for the sale of the timber; or
33 (B) there is a written contract for the sale of the timber but the
34 contract does not set forth the purchase price for the timber;
35 the timber buyer or timber cutter has cut timber or acquired
36 timber from the timber grower without payment having been
37 made to the timber grower equal to the value of the timber as
38 determined under IC 26-1-2.
39 (c) A proceeding may be commenced under this section at the
40 request of a timber grower.
41 (d) The necessary parties to a proceeding initiated under this section
42 are:
HB 1103—LS 6602/DI 139 18
1 (1) the timber grower; and
2 (2) the timber buyer or timber cutter.
3 (e) After the commencement of a proceeding under this section
4 through the service of a complaint under IC 4-21.5-3-8, a party to the
5 proceeding may move for the joinder of any of the following persons
6 having a relationship to the site or subject of the complaint:
7 (1) The surety of the timber buyer.
8 (2) A timber buyer.
9 (3) A timber cutter.
10 (4) A landowner.
11 (5) An owner of land adjacent to the land from which the timber
12 was cut.
13 (6) A consultant receiving a fee for services related to the timber.
14 (7) A professional surveyor performing an American Land Title
15 Association and American Congress on Surveying and Mapping
16 (ALTA/ACSM) land title survey.
17 (8) The department of natural resources, if the department has a
18 relationship to the site or subject of the complaint as a landowner
19 or owner of adjacent land.
20 (f) The complaint served under IC 4-21.5-3-8 to commence a
21 proceeding under this section may seek the following:
22 (1) Damages in compensation for damage actually resulting from
23 the wrongful activities of a timber buyer or timber cutter.
24 (2) Damages equal to three (3) times the stumpage value of any
25 timber that is wrongfully cut or appropriated without payment.
26 (3) Damages for costs associated with a claim or action,
27 including attorney's fees.
28 (4) Damages specified by a contract between a timber grower
29 and a timber buyer.
30 (g) Notwithstanding subsection (f), the liability on the surety bond
31 of a timber cutter is limited to the value of any timber wrongfully cut
32 or appropriated.
33 (h) A proceeding under this section is governed by IC 4-21.5.
34 Before a hearing is convened in the proceeding, a prehearing
35 conference shall be conducted to provide the parties with an
36 opportunity for settlement, including an opportunity for mediation.
37 (i) In determining the site for a hearing in a proceeding under this
38 section, the administrative law judge shall consider the convenience of
39 the parties.
40 (j) A final agency action in a proceeding under this section must
41 address all issues of damage and responsibility and, after the
42 completion of the opportunity for judicial review, may be enforced in
HB 1103—LS 6602/DI 139 19
1 a civil proceeding as a judgment.
2 SECTION 52. IC 25-36.5-1-4 IS AMENDED TO READ AS
3 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 4. It The following
4 shall be unlawful and a violation of this chapter:
5 (a) For any timber buyer to fail to pay, as agreed, for any timber
6 purchased.
7 (b) For any timber buyer to cut or cause to be cut or appropriate any
8 timber not purchased.
9 (c) For a timber buyer to willfully make any false statement in
10 connection with the application, bond or other information required to
11 be given to the department or a timber grower.
12 (d) For a timber buyer to fail to honestly account to the timber
13 grower or the department for timber purchased or cut if the buyer is
14 under a duty to do so. and
15 (e) For a timber buyer to commit any fraudulent act in connection
16 with the purchase or cutting of timber.
17 (f) For a timber buyer to violate a provision of this chapter or
18 a rule of the department adopted under this chapter.
19 SECTION 53. IC 25-36.5-1-4.9 IS AMENDED TO READ AS
20 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 4.9. The director may
21 refuse to issue a timber buyer registration certificate to an applicant
22 that has:
23 (1) been convicted of a felony;
24 (2) violated a provision of this chapter; or
25 (3) violated a rule adopted by the department under this chapter;
26 or
27 (4) an active or pending suspension of a timber buyer license
28 under section 16 of this chapter.
29 SECTION 54. IC 25-36.5-1-8 IS AMENDED TO READ AS
30 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 8. (a) The department
31 may inspect the premises used by any timber buyer in the conduct of
32 his the timber buyer's business at any reasonable time and the books,
33 accounts, records and papers of every such timber buyer shall at all
34 times during business hours be subject to inspection by the department.
35 (b) A timber buyer shall keep complete and accurate records
36 and accounts for each transaction. The timber buyer shall retain
37 records and accounts for not less than five (5) years after a
38 transaction.
39 (c) The information obtained under this section is exempt under
40 IC 5-14-3-4(a)(1). Unless otherwise required by judicial order, the
41 information obtained under this section may be disclosed only to
42 the director, the director's designee, or a timber grower.
HB 1103—LS 6602/DI 139 20
1 SECTION 55. IC 25-36.5-1-16 IS AMENDED TO READ AS
2 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 16. (a) The director
3 may revoke, or suspend, deny, or refuse to issue any license or agent's
4 registration under that license if the applicant or holder of that license
5 has:
6 (1) been convicted of a felony;
7 (2) violated any provision of this chapter; or
8 (3) violated any rule or regulation of the department promulgated
9 under this chapter.
10 Revocation or suspension of a license or an agent's registration shall be
11 determined by the director after an administrative hearing as provided
12 in section 12 of this chapter. subsection (d).
13 (b) The director may suspend a license for not more than ninety
14 (90) days before a final adjudication if the director finds that the
15 holder of a timber buyer's license poses a clear and immediate
16 danger to public health, safety, or property if allowed to continue
17 to operate.
18 (c) The director may renew a suspension under subsection (b)
19 for a period of not more than ninety (90) days. There is no limit to
20 the number of times the director may renew a suspension.
21 (d) A proceeding under this chapter to revoke, suspend, deny,
22 or refuse to issue a license shall be conducted in the manner
23 prescribed by IC 4-21.5-3.
24 SECTION 56. IC 31-25-4-32, AS AMENDED BY P.L.150-2018,
25 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26 JULY 1, 2022]: Sec. 32. (a) When the Title IV-D agency finds that an
27 obligor is delinquent, the Title IV-D agency shall send, to a verified
28 address, a notice to the obligor that does the following:
29 (1) Specifies that the obligor is delinquent.
30 (2) Describes the amount of child support that the obligor is in
31 arrears.
32 (3) States that unless the obligor:
33 (A) pays the obligor's child support arrearage in full;
34 (B) establishes a payment plan with the Title IV-D agency to
35 pay the arrearage, which includes an income withholding
36 order; or
37 (C) requests a hearing under section 33 of this chapter;
38 within twenty (20) days after the date the notice is mailed, the
39 Title IV-D agency shall issue an order to the bureau of motor
40 vehicles stating that the obligor is delinquent and that the
41 obligor's driving privileges shall be suspended.
42 (4) Explains that the obligor has twenty (20) days after the notice
HB 1103—LS 6602/DI 139 21
1 is mailed to do one (1) of the following:
2 (A) Pay the obligor's child support arrearage in full.
3 (B) Establish a payment plan with the Title IV-D agency to
4 pay the arrearage, which includes an income withholding order
5 under IC 31-16-15-2 or IC 31-16-15-2.5.
6 (C) Request a hearing under section 33 of this chapter.
7 (5) Explains that if the obligor has not satisfied any of the
8 requirements of subdivision (4) not later than twenty (20) days
9 after the notice is mailed, that the Title IV-D agency shall issue a
10 notice to:
11 (A) the board or department that regulates the obligor's
12 profession or occupation, if any, that the obligor is delinquent
13 and that the obligor may be subject to sanctions under
14 IC 25-1-1.2, including suspension or revocation of the
15 obligor's professional or occupational license;
16 (B) the supreme court disciplinary commission if the obligor
17 is licensed to practice law;
18 (C) the department of education established by IC 20-19-3-1
19 if the obligor is a licensed teacher;
20 (D) the Indiana horse racing commission if the obligor holds
21 or applies for a license issued under IC 4-31-6;
22 (E) the Indiana gaming commission if the obligor holds or
23 applies for a license issued under IC 4-33 and IC 4-35;
24 (F) the commissioner of the department of insurance if the
25 obligor holds or is an applicant for a license issued under
26 IC 27-1-15.6, IC 27-1-15.8, or IC 27-10-3;
27 (G) the director of the department of natural resources if the
28 obligor holds or is an applicant for a license issued by the
29 department of natural resources under:
30 (i) IC 14-22-12 (fishing, hunting, and trapping licenses);
31 (ii) IC 14-22-14 (Lake Michigan commercial fishing
32 license);
33 (iii) (ii) IC 14-22-16 (bait dealer's license);
34 (iv) IC 14-22-17 (mussel license);
35 (v) (iii) IC 14-22-19 (fur buyer's license);
36 (vi) (iv) IC 14-24-7 (nursery dealer's license); or
37 (vii) (v) IC 14-31-3 (ginseng dealer's license); or
38 (H) the alcohol and tobacco commission if the obligor holds or
39 applies for an employee's permit under IC 7.1-3-18-9(a)(3).
40 (6) Explains that the only basis for contesting the issuance of an
41 order under subdivision (3) or (5) is a mistake of fact.
42 (7) Explains that an obligor may contest the Title IV-D agency's
HB 1103—LS 6602/DI 139 22
1 determination to issue an order under subdivision (3) or (5) by
2 making written application to the Title IV-D agency not later than
3 twenty (20) days after the date the notice is mailed.
4 (8) Explains the procedures to:
5 (A) pay the obligor's child support arrearage in full; and
6 (B) establish a payment plan with the Title IV-D agency to pay
7 the arrearage, which must include an income withholding
8 order under IC 31-16-15-2 or IC 31-16-15-2.5.
9 (b) Whenever the Title IV-D agency finds that an obligor is
10 delinquent and has failed to:
11 (1) pay the obligor's child support arrearage in full;
12 (2) establish a payment plan with the Title IV-D agency to pay the
13 arrearage, which includes an income withholding order under
14 IC 31-16-15-2 or IC 31-16-15-2.5; or
15 (3) request a hearing under section 33 of this chapter not later
16 than twenty (20) days after the date the notice described in
17 subsection (a) is mailed;
18 the Title IV-D agency shall issue an order to the bureau of motor
19 vehicles stating that the obligor is delinquent.
20 (c) An order issued under subsection (b) must require the following:
21 (1) If the obligor who is the subject of the order holds a driving
22 license or permit on the date the order is issued, that the driving
23 privileges of the obligor be suspended until further order of the
24 Title IV-D agency.
25 (2) If the obligor who is the subject of the order does not hold a
26 driving license or permit on the date the order is issued, that the
27 bureau of motor vehicles may not issue a driving license or permit
28 to the obligor until the bureau of motor vehicles receives a further
29 order from the Title IV-D agency.
30 (d) The Title IV-D agency shall provide the:
31 (1) full name;
32 (2) date of birth;
33 (3) verified address; and
34 (4) Social Security number or driving license number;
35 of the obligor to the bureau of motor vehicles.
36 (e) Whenever the Title IV-D agency finds that an obligor who is an
37 applicant (as defined in IC 25-1-1.2-1) or a practitioner (as defined in
38 IC 25-1-1.2-6) is delinquent and the applicant or practitioner has failed
39 to:
40 (1) pay the obligor's child support arrearage in full;
41 (2) establish a payment plan with the Title IV-D agency to pay the
42 arrearage, which includes an income withholding order under
HB 1103—LS 6602/DI 139 23
1 IC 31-16-15-2 or IC 31-16-15-2.5; or
2 (3) request a hearing under section 33 of this chapter;
3 the Title IV-D agency shall issue an order to the board regulating the
4 practice of the obligor's profession or occupation stating that the
5 obligor is delinquent.
6 (f) An order issued under subsection (e) must direct the board or
7 department regulating the obligor's profession or occupation to impose
8 the appropriate sanctions described under IC 25-1-1.2.
9 (g) Whenever the Title IV-D agency finds that an obligor who is an
10 attorney or a licensed teacher is delinquent and the attorney or licensed
11 teacher 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;
17 the Title IV-D agency shall notify the supreme court disciplinary
18 commission if the obligor is an attorney, or the department of education
19 if the obligor is a licensed teacher, that the obligor is delinquent.
20 (h) Whenever the Title IV-D agency finds that an obligor who holds
21 a license issued under IC 4-31-6, IC 4-33, or IC 4-35 has failed to:
22 (1) pay the obligor's child support arrearage in full;
23 (2) establish a payment plan with the Title IV-D agency to pay the
24 arrearage, which includes an income withholding order under
25 IC 31-16-15-2 or IC 31-16-15-2.5; or
26 (3) request a hearing under section 33 of this chapter;
27 the Title IV-D agency shall issue an order to the Indiana horse racing
28 commission if the obligor holds a license issued under IC 4-31-6, or to
29 the Indiana gaming commission if the obligor holds a license issued
30 under IC 4-33 or IC 4-35, stating that the obligor is delinquent and
31 directing the commission to impose the appropriate sanctions described
32 in IC 4-31-6-11, IC 4-33-8.5-3, or IC 4-35-6.7-2.
33 (i) Whenever the Title IV-D agency finds that an obligor who holds
34 a license issued under IC 27-1-15.6, IC 27-1-15.8, or IC 27-10-3 has
35 failed to:
36 (1) pay the obligor's child support arrearage in full;
37 (2) establish a payment plan with the Title IV-D agency to pay the
38 arrearage, which includes an income withholding order under
39 IC 31-16-15-2 or IC 31-16-15-2.5; or
40 (3) request a hearing under section 33 of this chapter;
41 the Title IV-D agency shall issue an order to the commissioner of the
42 department of insurance stating that the obligor is delinquent and
HB 1103—LS 6602/DI 139 24
1 directing the commissioner to impose the appropriate sanctions
2 described in IC 27-1-15.6-29 or IC 27-10-3-20.
3 (j) Whenever the Title IV-D agency finds that an obligor who holds
4 a license issued by the department of natural resources under
5 IC 14-22-12, IC 14-22-14, IC 14-22-16, IC 14-22-17, IC 14-22-19,
6 IC 14-24-7, or IC 14-31-3 has failed to:
7 (1) pay the obligor's child support arrearage in full;
8 (2) establish a payment plan with the Title IV-D agency to pay the
9 arrearage, which includes an income withholding order under
10 IC 31-16-15-2 or IC 31-16-15-2.5; or
11 (3) request a hearing under section 33 of this chapter;
12 the Title IV-D agency shall issue an order to the director of the
13 department of natural resources stating that the obligor is delinquent
14 and directing the director to suspend or revoke a license issued to the
15 obligor by the department of natural resources as provided in
16 IC 14-11-3.
17 (k) If the Title IV-D agency finds that an obligor who holds an
18 employee's permit issued under IC 7.1-3-18-9(a)(3) has failed to:
19 (1) pay the obligor's child support arrearage in full;
20 (2) establish a payment plan with the Title IV-D agency to pay the
21 arrearage, which includes an income withholding order under
22 IC 31-16-15-2 or IC 31-16-15-2.5; or
23 (3) request a hearing under section 33 of this chapter;
24 the Title IV-D agency shall issue an order to the alcohol and tobacco
25 commission stating that the obligor is delinquent and directing the
26 alcohol and tobacco commission to impose the appropriate sanctions
27 under IC 7.1-3-23-44.
28 (l) A person's most recent address on file with the bureau constitutes
29 a verified address for purposes of this section.
30 (m) When an obligor who was the subject of an order issued by the
31 Title IV-D agency under subsection (b), (e), (g), (h), (i), (j), or (k) has:
32 (1) paid the obligor's child support arrearage in full; or
33 (2) established a payment plan with the Title IV-D agency to pay
34 the arrearage, which includes an income withholding order under
35 IC 31-16-15-2 or IC 31-16-15-2.5;
36 the Title IV-D agency shall provide notice to the appropriate entity
37 under subsection (b), (e), (g), (h), (i), (j), or (k) that the obligor has
38 addressed the delinquency.
39 SECTION 57. IC 31-25-4-34, AS AMENDED BY P.L.150-2018,
40 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41 JULY 1, 2022]: Sec. 34. (a) As used in this section, "board" has the
42 meaning set forth in IC 25-1-1.2-2.
HB 1103—LS 6602/DI 139 25
1 (b) If an obligor holds a license issued by a board and requests a
2 hearing under section 33 of this chapter but fails to appear or appears
3 and is found to be delinquent, the Title IV-D agency shall issue an
4 order to the board that issued the obligor's license:
5 (1) stating that the obligor is delinquent; and
6 (2) requiring the board to comply with the actions required under
7 IC 25-1-1.2-8.
8 (c) If an obligor holds a license issued under IC 4-31-6, IC 4-33, or
9 IC 4-35 and requests a hearing under section 33 of this chapter but fails
10 to appear or appears and is found to be delinquent, the Title IV-D
11 agency shall issue an order to the:
12 (1) Indiana horse racing commission, if the obligor holds a license
13 issued under IC 4-31-6; or
14 (2) Indiana gaming commission, if the obligor holds a license
15 issued under IC 4-33 or IC 4-35;
16 stating that the obligor is delinquent and requiring the commission to
17 comply with the actions required under IC 4-31-6-11, IC 4-33-8.5-3, or
18 IC 4-35-6.7-2.
19 (d) If an obligor holds a license issued under IC 27-1-15.6,
20 IC 27-1-15.8, or IC 27-10-3 and requests a hearing under section 33 of
21 this chapter but fails to appear or appears and is found to be delinquent,
22 the Title IV-D agency shall issue an order to the commissioner of the
23 department of insurance:
24 (1) stating that the obligor is delinquent; and
25 (2) requiring the commissioner to comply with the actions
26 required under IC 27-1-15.6-29 or IC 27-10-3-20.
27 (e) If an obligor holds a license issued by the department of natural
28 resources under IC 14-22-12, IC 14-22-14, IC 14-22-16, IC 14-22-17,
29 IC 14-22-19, IC 14-24-7, or IC 14-31-3 and requests a hearing under
30 section 33 of this chapter but fails to appear, or appears and is found to
31 be delinquent, the Title IV-D agency shall issue an order to the director
32 of the department of natural resources:
33 (1) stating that the obligor is delinquent; and
34 (2) requiring the director to suspend or revoke a license issued by
35 the department as provided in IC 14-11-3.
36 (f) If an obligor:
37 (1) holds an employee's permit issued under IC 7.1-3-18-9(a)(3);
38 and
39 (2) requests a hearing under section 33 of this chapter but fails to
40 appear or appears and is found to be delinquent;
41 the Title IV-D agency shall issue an order to the alcohol and tobacco
42 commission stating that the obligor is delinquent and requiring the
HB 1103—LS 6602/DI 139 26
1 commission to impose the appropriate sanctions under IC 7.1-3-23-44.
2 (g) When an obligor who was the subject of an order issued by the
3 Title IV-D agency under subsection (b), (c), (d), (e), or (f) has:
4 (1) paid the obligor's child support arrearage in full; or
5 (2) established a payment plan with the Title IV-D agency to pay
6 the arrearage, which includes an income withholding order under
7 IC 31-16-15-2 or IC 31-16-15-2.5;
8 the Title IV-D agency shall provide notice to the appropriate entity
9 under subsection (b), (c), (d), (e), or (f) that the obligor has addressed
10 the delinquency.
11 SECTION 58. IC 35-52-14-25 IS REPEALED [EFFECTIVE JULY
12 1, 2022]. Sec. 25. IC 14-22-14-22 defines a crime concerning fishing
13 licenses.
14 SECTION 59. IC 35-52-14-26.5 IS REPEALED [EFFECTIVE
15 JULY 1, 2022]. Sec. 26.5. IC 14-22-17-2 defines a crime concerning
16 mussel licenses.
HB 1103—LS 6602/DI 139 27
COMMITTEE REPORT
Mr. Speaker: Your Committee on Natural Resources, to which was
referred House Bill 1103, has had the same under consideration and
begs leave to report the same back to the House with the
recommendation that said bill be amended as follows:
Page 1, delete lines 1 through 15.
Page 2, delete lines 1 through 4.
Page 12, between lines 9 and 10, begin a new paragraph and insert:
"SECTION. 46. IC 14-28-1-22, AS AMENDED BY P.L.21-2021,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 22. (a) As used in subsection (b)(1) with respect
to a stream, "total length" means the length of the stream, expressed in
miles, from the confluence of the stream with the receiving stream to
the upstream or headward extremity of the stream, as indicated by the
solid or dashed, blue or purple line depicting the stream on the most
current edition of the seven and one-half (7 1/2) minute topographic
quadrangle map published by the United States Geological Survey,
measured along the meanders of the stream as depicted on the map.
(b) This section does not apply to the following:
(1) A reconstruction or maintenance project (as defined in
IC 36-9-27) on a stream or an open regulated drain if the total
length of the stream or open drain is not more than ten (10) miles.
(2) A construction or reconstruction project on a state or county
highway bridge in a rural area that crosses a stream having an
upstream drainage area of not more than fifty (50) square miles
and the relocation of utility lines associated with the construction
or reconstruction project if confined to an area not more than one
hundred (100) feet from the limits of the highway construction
right-of-way.
(3) The performance of an activity described in subsection (c)(1)
or (c)(2) by a surface coal mining operation that is operated under
a permit issued under IC 14-34.
(4) Any other activity that is determined by the commission,
according to rules adopted under IC 4-22-2, to pose not more than
a minimal threat to floodway areas.
(5) An activity in a boundary river floodway to which section 26.5
of this chapter applies.
(6) The removal of a logjam or mass of wood debris that has
accumulated in a river or stream, subject to the following
conditions:
(A) Work must not be within a salmonid stream designated
HB 1103—LS 6602/DI 139 28
under 327 IAC 2-1.5-5 without the prior written approval of
the department's division of fish and wildlife.
(B) Work must not be within a natural, scenic, or recreational
river or stream designated under 312 IAC 7-2.
(C) Except as otherwise provided in Indiana law, free logs or
affixed logs that are crossways in the channel must be cut,
relocated, and removed from the floodplain. Logs may be
maintained in the floodplain if properly anchored or otherwise
secured so as to resist flotation or dislodging by the flow of
water and placement in an area that is not a wetland. Logs
must be removed and secured with a minimum of damage to
vegetation.
(D) Isolated or single logs that are embedded, lodged, or
rooted in the channel, and that do not span the channel or
cause flow problems, must not be removed unless the logs are
either of the following:
(i) Associated with or in close proximity to larger
obstructions.
(ii) Posing a hazard to agriculture, business, navigation, or
property.
(E) A leaning or severely damaged tree that is in immediate
danger of falling into the waterway may be cut and removed.
if the tree is associated with or in close proximity to an
obstruction. The root system and stump of the tree must be left
in place.
(F) To the extent practicable, the construction of access roads
must be minimized, and should not result in the elevation of
the floodplain.
(G) To the extent practicable, work should be performed
exclusively from one (1) side of a waterway. Crossing the bed
of a waterway is prohibited.
(H) To prevent the flow of sediment laden water back into the
waterway, appropriate sediment control measures must be
installed.
(I) Within fifteen (15) days, all bare and disturbed areas must
be revegetated with a mixture of grasses and legumes. Tall
fescue must not be used under this subdivision, except that low
endophyte tall fescue may be used in the bottom of the
waterway and on side slopes.
(c) A person who desires to:
(1) erect, make, use, or maintain a structure, an obstruction, a
deposit, or an excavation; or
HB 1103—LS 6602/DI 139 29
(2) suffer or permit a structure, an obstruction, a deposit, or an
excavation to be erected, made, used, or maintained;
in or on a floodway must file with the director a verified written
application for a permit accompanied by a nonrefundable minimum fee
of two hundred dollars ($200).
(d) The application for a permit must set forth the material facts
together with plans and specifications for the structure, obstruction,
deposit, or excavation.
(e) An applicant must receive a permit from the director for the
work before beginning construction. The director shall issue a permit
only if in the opinion of the director the applicant has clearly proven
that the structure, obstruction, deposit, or excavation will not do any of
the following:
(1) Adversely affect the efficiency of or unduly restrict the
capacity of the floodway.
(2) Constitute an unreasonable hazard to the safety of life or
property.
(3) Result in unreasonably detrimental effects upon fish, wildlife,
or botanical resources.
(f) In deciding whether to issue a permit under this section, the
director shall consider the cumulative effects of the structure,
obstruction, deposit, or excavation. The director may incorporate in and
make a part of an order of authorization conditions and restrictions that
the director considers necessary for the purposes of this chapter.
(g) A permit issued under this section:
(1) is valid for two (2) years after the issuance of the permit;
(2) to:
(A) the Indiana department of transportation or a county
highway department if there is any federal funding for the
project; or
(B) an electric utility for the construction of a power
generating facility;
is valid for five (5) years from the date of issuance; and
(3) is valid for the duration of a permitted project subject to
periodic compliance evaluations for a quarrying or aggregate
company for the excavation of industrial materials, including:
(A) clay and shale;
(B) crushed limestone and dolostone;
(C) dimension limestone;
(D) dimension sandstone;
(E) gypsum;
(F) peat;
HB 1103—LS 6602/DI 139 30
(G) construction sand and gravel; and
(H) industrial sand.
However, a permit issued under this section expires if construction is
not commenced within two (2) years after the permit is issued. Except
as provided under section 22.1 of this chapter, a permit that is active
and was issued under subdivision (1) before July 1, 2014, is valid for
two (2) years beginning July 2014, and a permit that is active and was
issued under subdivision (2) before July 1, 2014, is valid for five (5)
years beginning July 2014.
(h) The holder of a permit issued under subsection (g)(3) shall
notify the commission within six (6) months of completing the
permitted project.
(i) A permit issued under:
(1) subsection (g)(1) may be renewed one (1) time for a period not
to exceed two (2) additional years; and
(2) subsection (g)(2) may be renewed one (1) time for a period not
to exceed five (5) additional years.
(j) The director shall send a copy of each permit issued under this
section to each river basin commission organized under:
(1) IC 14-29-7 or IC 13-2-27 (before its repeal); or
(2) IC 14-13-9, IC 14-30-1 (before its repeal), or IC 36-7-6
(before its repeal);
that is affected.
(k) The permit holder shall post and maintain a permit issued under
this section at the authorized site.
(l) For the purposes of this chapter, the lowest floor of a building,
including a residence or abode, that is to be constructed or
reconstructed in the one hundred (100) year floodplain of an area
protected by a levee that is:
(1) inspected; and
(2) found to be in good or excellent condition;
by the United States Army Corps of Engineers shall not be lower than
the one hundred (100) year frequency flood elevation plus one (1) foot.
SECTION 47. IC 14-28-1-23, AS AMENDED BY P.L.90-2020,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 23. (a) The director may remove or eliminate a
structure, an obstruction, a deposit, or an excavation in a floodway that:
(1) adversely affects the efficiency of or unduly restricts the
capacity of the floodway;
(2) constitutes an unreasonable hazard to the safety of life or
property; or
(3) is unreasonably detrimental to fish, wildlife, or botanical
HB 1103—LS 6602/DI 139 31
resources;
by an action in condemnation.
(b) In assessing the damages in the proceedings, the appraisers and
the court shall take into consideration whether the structure,
obstruction, deposit, or excavation is legally in or on the floodway.
(c) Beginning January 1, 2020, January 1, 2022, the director shall
not exercise the authority under subsection (a) to remove or eliminate
an abode or residence from a floodway if:
(1) the abode or residence was constructed before January 1,
2020; January 1, 2022;
(2) the owner of the abode or residence has taken necessary
measures to elevate the lowest floor of the abode or residence, as
reconstructed, including the basement, to at least two (2) feet
above the one hundred (100) year flood elevation within two (2)
years after receiving notification from the department concerning
the abode or residence; and
(3) the owner of the abode or residence has taken necessary
measures to comply with all applicable local, state, and federal
floodway regulations.
SECTION 48. IC 14-28-1-39 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 39. (a) Before July 1, 2023, the
department shall adopt a license for the following activities in a
floodway:
(1) Removal of trees.
(2) Channel maintenance.
(3) Bank reconstruction, repair, and stabilization.
(b) This section expires July 1, 2024.
SECTION 49. IC 14-28-1-40 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 40. A local floodplain
administrator shall utilize the best floodplain mapping data
available as provided by the department and located on the
Indiana Floodplain Information Portal when reviewing a permit
application for a structure or a construction activity in, or near, a
floodplain.".
Page 12, delete lines 37 through 42.
Page 13, delete lines 1 through 3.
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
HB 1103—LS 6602/DI 139 32
(Reference is to HB 1103 as introduced.)
EBERHART
Committee Vote: yeas 11, nays 1.
HB 1103—LS 6602/DI 139