*EH1103.2*
Reprinted
February 25, 2022
ENGROSSED
HOUSE BILL No. 1103
_____
DIGEST OF HB 1103 (Updated February 24, 2022 3:16 pm - DI 129)
Citations Affected: IC 14-8; 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. 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
(Continued next page)
Effective: July 1, 2022.
Eberhart, Boy, Abbott, May
(SENATE SPONSOR — GLICK)
January 4, 2022, read first time and referred to Committee on Natural Resources.
January 24, 2022, amended, reported — Do Pass.
January 26, 2022, read second time, ordered engrossed. Engrossed.
January 27, 2022, read third time, passed. Yeas 90, nays 0.
SENATE ACTION
February 7, 2022, read first time and referred to Committee on Natural Resources.
February 21, 2022, reported favorably — Do Pass.
February 24, 2022, read second time, amended, ordered engrossed.
EH 1103—LS 6602/DI 139 Digest Continued
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 if 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
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.
EH 1103—LS 6602/DI 139EH 1103—LS 6602/DI 139 Reprinted
February 25, 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.
ENGROSSED
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,
EH 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 14-11-3-4, AS AMENDED BY P.L.150-2018,
13 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14 JULY 1, 2022]: Sec. 4. (a) Upon receiving an order from the bureau
15 under IC 31-25-4-32(j) or IC 31-25-4-34(e), the director shall place on
16 probationary status any license issued 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 and
18 held by the person who is the subject of the order. The director shall
19 send the person a notice that does the following:
20 (1) States that the person's license has been placed on
21 probationary status.
22 (2) States that the person's license will be suspended if the
23 director has not received notice from the bureau under
24 IC 31-25-4-32(m) or IC 31-25-4-34(g) within twenty (20) days
25 after the date of the notice.
26 (3) Describes the amount of child support that the person is in
27 arrears.
28 (4) Explains the procedures to:
29 (A) pay the person's child support arrearage in full; and
30 (B) establish a payment plan with the bureau to pay the
31 arrearage, which must include an income withholding order
32 under IC 31-16-15-2 or IC 31-16-15-2.5.
33 (b) If the director has not received notice from the bureau under
34 IC 31-25-4-32(m) or IC 31-25-4-34(g) within twenty (20) days after the
35 date of the notice in subsection (a), the director shall suspend the
36 license issued to the person under IC 14-22-12, IC 14-22-14,
37 IC 14-22-16, IC 14-22-17, IC 14-22-19, IC 14-24-7, or IC 14-31-3.
38 (c) The director may not reinstate a license placed on probationary
39 status or suspended under this section until the director receives a
40 notice from the bureau under IC 31-25-4-32(m) or IC 31-25-4-34(g)
41 that the person has addressed the delinquency.
42 SECTION 7. IC 14-22-2-10, AS AMENDED BY P.L.154-2019,
EH 1103—LS 6602/DI 139 3
1 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2 JULY 1, 2022]: Sec. 10. (a) Notwithstanding any law in this article, the
3 commission may adjust a license and permit fee, including an
4 application fee, in an amount that is above the minimum fee
5 established under the following:
6 (1) Section 4 of this chapter (Licenses and permits written by the
7 director).
8 (2) IC 14-22-9-10 (Aquatic vegetation control).
9 (3) IC 14-22-13-1 (Commercial fishing).
10 (4) IC 14-22-13-2 (Commercial fishing on the Ohio River).
11 (5) IC 14-22-13-2.5 (Roe harvester or dealer).
12 (6) IC 14-22-14-9 (Commercial fishing on Lake Michigan).
13 (7) IC 14-22-14-10 (Commercial fishing on Lake Michigan).
14 (8) (6) IC 14-22-15-2 (Fishing guide).
15 (9) (7) IC 14-22-15.5-3 (Hunting guide).
16 (10) (8) IC 14-22-16-1 (Bait dealer).
17 (11) (9) IC 14-22-19-2 (Fur buyer).
18 (12) (10) IC 14-22-20-1 (Game breeder).
19 (13) (11) IC 14-22-21-2 (Taxidermist).
20 (14) (12) IC 14-22-22-2 (Scientific purposes).
21 (15) (13) IC 14-22-23-3 (Falconry).
22 (16) (14) IC 14-22-24-2 (Field trials).
23 (17) (15) IC 14-22-25-3 (Fish and wild animal importation).
24 (18) (16) IC 14-22-26-4 (Wild animal possession).
25 (19) (17) IC 14-22-27-2 (Fish stocking).
26 (20) (18) IC 14-22-31-2 (Private shooting preserve).
27 (b) Before adopting fees under this section, the commission shall
28 consider the amount that is reasonably necessary to generate revenue
29 sufficient to offset the costs incurred in carrying out the department's
30 responsibilities and operating any related programs.
31 (c) A fee that is submitted with an application for a license or permit
32 listed under subsection (a) is not refundable.
33 SECTION 8. IC 14-22-14-1 IS REPEALED [EFFECTIVE JULY 1,
34 2022]. Sec. 1. As used in this chapter, "commercial fishing" means the
35 taking of fish by means of commercial fishing gear.
36 SECTION 9. IC 14-22-14-2 IS REPEALED [EFFECTIVE JULY 1,
37 2022]. Sec. 2. As used in this chapter, "commercial fishing gear" means
38 fishing equipment, including boats, nets, and other equipment, used to
39 take fish from Lake Michigan to sell at wholesale or retail.
40 SECTION 10. IC 14-22-14-3 IS REPEALED [EFFECTIVE JULY
41 1, 2022]. Sec. 3. As used in this chapter, "commercial fishing license"
42 refers to a commercial fishing license issued under this chapter.
EH 1103—LS 6602/DI 139 4
1 SECTION 11. IC 14-22-14-4 IS REPEALED [EFFECTIVE JULY
2 1, 2022]. Sec. 4. As used in this chapter, "Lake Michigan" refers to the
3 waters of Lake Michigan that are within Indiana.
4 SECTION 12. IC 14-22-14-5 IS AMENDED TO READ AS
5 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 5. A person must have
6 a commercial fishing license to may not take fish from the Indiana
7 waters of Lake Michigan with commercial fishing gear.
8 SECTION 13. IC 14-22-14-6 IS REPEALED [EFFECTIVE JULY
9 1, 2022]. Sec. 6. To be eligible to hold a commercial fishing license,
10 the following conditions must be met:
11 (1) If the person is not a corporation, all individuals comprising
12 the person must be residents of Indiana.
13 (2) If the person is a corporation, the corporation must be an
14 Indiana corporation and all shareholders in the corporation must
15 be residents of Indiana.
16 SECTION 14. IC 14-22-14-7 IS REPEALED [EFFECTIVE JULY
17 1, 2022]. Sec. 7. The department may renew a commercial fishing
18 license, but may not issue an original commercial fishing license.
19 SECTION 15. IC 14-22-14-8 IS REPEALED [EFFECTIVE JULY
20 1, 2022]. Sec. 8. Commercial fishing licenses are designated as
21 follows:
22 (1) Class 1.
23 (2) Class 2.
24 (3) Class 3.
25 SECTION 16. IC 14-22-14-9 IS REPEALED [EFFECTIVE JULY
26 1, 2022]. Sec. 9. (a) A commercial fishing license:
27 (1) expires December 31 of the year for which the license was
28 issued or reserved;
29 (2) may be renewed or reserved annually; however, if an
30 application to renew or reserve a license is not received by the
31 department before February 1 of the year following the expiration
32 or reserved period of the license, the license may not be renewed,
33 reserved, or reinstated;
34 (3) that is reserved is inactive and may not be used, merged,
35 transferred, or converted during the reserved year; and
36 (4) subject to IC 14-22-2-10, may be reserved for one (1) year for
37 a minimum fee of twenty-five dollars ($25).
38 (b) The department shall report annually to the natural resources
39 committees of the house of representatives and the senate for the
40 purpose of updating the status of yellow perch in Lake Michigan as it
41 affects sport and commercial fishing and fishermen in Indiana.
42 SECTION 17. IC 14-22-14-10 IS REPEALED [EFFECTIVE JULY
EH 1103—LS 6602/DI 139 5
1 1, 2022]. Sec. 10. Subject to IC 14-22-2-10, the minimum renewal fees
2 for commercial fishing licenses are as follows:
3 (1) Class 1, three thousand dollars ($3,000).
4 (2) Class 2, six thousand dollars ($6,000).
5 (3) Class 3, nine thousand dollars ($9,000).
6 SECTION 18. IC 14-22-14-11 IS REPEALED [EFFECTIVE JULY
7 1, 2022]. Sec. 11. Except as provided under section 9 of this chapter,
8 and subject to section 12 of this chapter, a commercial fishing license
9 may be transferred from one (1) person to another.
10 SECTION 19. IC 14-22-14-12 IS REPEALED [EFFECTIVE JULY
11 1, 2022]. Sec. 12. (a) Except as provided in sections 13 and 14 of this
12 chapter, a person may not hold or have an interest in more than one (1)
13 commercial fishing license.
14 (b) If a person having an interest in one (1) commercial fishing
15 license acquires an interest in a second commercial fishing license:
16 (1) the second license is valid; and
17 (2) the person is considered to have surrendered the first license.
18 The first license may not be reinstated.
19 SECTION 20. IC 14-22-14-13 IS REPEALED [EFFECTIVE JULY
20 1, 2022]. Sec. 13. A person holding a Class 1 or Class 2 license may
21 acquire another license for the purpose of merging the licenses to form
22 a Class 2 or Class 3 license as follows:
23 (1) At the time a person holding a Class 1 license acquires
24 another Class 1 license, the two (2) licenses merge and become a
25 Class 2 license.
26 (2) At the time a person holding:
27 (A) a Class 1 license acquires a Class 2 license; or
28 (B) a Class 2 license acquires a Class 1 license;
29 the two (2) licenses merge and become a Class 3 license.
30 SECTION 21. IC 14-22-14-14 IS REPEALED [EFFECTIVE JULY
31 1, 2022]. Sec. 14. A person holding a Class 1 license and a person
32 holding a Class 3 license may convert the licenses to two (2) Class 2
33 licenses.
34 SECTION 22. IC 14-22-14-15 IS REPEALED [EFFECTIVE JULY
35 1, 2022]. Sec. 15. (a) The commission may adopt rules to establish
36 procedures for the:
37 (1) transfer;
38 (2) merger; or
39 (3) exchange;
40 of commercial fishing licenses.
41 (b) The fee for processing:
42 (1) a transfer;
EH 1103—LS 6602/DI 139 6
1 (2) a merger; or
2 (3) an exchange;
3 of a commercial fishing license under this chapter is one hundred
4 dollars ($100).
5 SECTION 23. IC 14-22-14-16 IS REPEALED [EFFECTIVE JULY
6 1, 2022]. Sec. 16. A Class 2 or Class 3 commercial fishing license may
7 be surrendered to the department in exchange for a Class 1 or Class 2
8 license. This is not considered to be the issuance of an original license.
9 SECTION 24. IC 14-22-14-17 IS REPEALED [EFFECTIVE JULY
10 1, 2022]. Sec. 17. Each boat engaged in commercial fishing must carry
11 documentation specified by rules adopted by the commission that the
12 boat is operating under the authority of a commercial fishing license.
13 SECTION 25. IC 14-22-14-18 IS REPEALED [EFFECTIVE JULY
14 1, 2022]. Sec. 18. (a) The holder of a commercial fishing license must,
15 in the manner established by rules adopted by the commission,
16 designate an individual as captain of a boat operated by the holder of
17 a commercial fishing license. A designated captain must meet the
18 following conditions:
19 (1) Be a resident of Indiana.
20 (2) Have experience as a commercial fisherman.
21 (3) Possess other qualifications established by rules adopted by
22 the commission.
23 (b) Except in an emergency, as defined under rules adopted by the
24 commission, an individual who is designated as a captain by the holder
25 of one (1) commercial fishing license may not:
26 (1) be designated as a captain by; or
27 (2) work for;
28 the holder of another commercial fishing license. Notice to the
29 department of the emergency designation of a captain must be provided
30 under rules adopted by the commission.
31 SECTION 26. IC 14-22-14-19 IS REPEALED [EFFECTIVE JULY
32 1, 2022]. Sec. 19. An individual designated as captain under section 18
33 of this chapter must be aboard each commercial fishing boat of the
34 holder of the commercial fishing license while the boat is engaged in
35 an activity related to commercial fishing.
36 SECTION 27. IC 14-22-14-20 IS REPEALED [EFFECTIVE JULY
37 1, 2022]. Sec. 20. (a) The department shall regulate commercial fishing
38 in Lake Michigan to protect the resource of fish for commercial and
39 sport fishing.
40 (b) To protect the resource of fish in Lake Michigan, the department
41 shall regulate the number of nets that may be used by persons who have
42 been issued a commercial fishing license as follows:
EH 1103—LS 6602/DI 139 7
1 (1) Persons who have a Class 2 license are entitled to use two (2)
2 times the number of nets as persons who have a Class 1 license.
3 (2) Persons who have a Class 3 license are entitled to use three (3)
4 times the number of nets as persons who have a Class 1 license.
5 SECTION 28. IC 14-22-14-21 IS REPEALED [EFFECTIVE JULY
6 1, 2022]. Sec. 21. The commission may adopt rules to establish
7 restrictions on the following:
8 (1) Localities that may be fished.
9 (2) The kind, mesh size, and quantity of fishing gear that may be
10 used.
11 (3) The quantity of fish that may be taken.
12 (4) Other restrictions the commission considers necessary to
13 protect the fishing resource in Lake Michigan.
14 SECTION 29. IC 14-22-14-22 IS REPEALED [EFFECTIVE JULY
15 1, 2022]. Sec. 22. (a) Fish may not be taken from Lake Michigan by
16 means of a gill net.
17 (b) The commercial fishing license of a person who takes fish from
18 Lake Michigan by means of a gill net:
19 (1) terminates at the time of the violation; and
20 (2) may not be reinstated.
21 SECTION 30. IC 14-22-14-23 IS REPEALED [EFFECTIVE JULY
22 1, 2022]. Sec. 23. (a) A person who has a commercial fishing license
23 must keep accurate records of each day's catch showing the following:
24 (1) The number of pounds of each kind of fish taken.
25 (2) The locality fished.
26 (3) The kind and amount of fishing gear employed.
27 (4) The length of time each unit of gear was fished without being
28 lifted.
29 (5) Other information the commission considers to be relevant
30 under this chapter.
31 (b) Before the sixteenth day of each month, each person holding a
32 commercial fishing license shall report, under oath when requested to
33 do so, all the data for the preceding month required under subsection
34 (a) to the director upon forms furnished by the director. The reports
35 required by this section shall be made each month whether or not any
36 fish were taken during the preceding month. If no fish were taken, that
37 fact shall be noted.
38 SECTION 31. IC 14-22-14-24 IS REPEALED [EFFECTIVE JULY
39 1, 2022]. Sec. 24. A commercial fishing license is issued upon the
40 condition that the licensee agrees to make all reports to the director
41 required by the following:
42 (1) This chapter.
EH 1103—LS 6602/DI 139 8
1 (2) Rules adopted under this chapter.
2 SECTION 32. IC 14-22-14-25 IS REPEALED [EFFECTIVE JULY
3 1, 2022]. Sec. 25. Inadvertent failure to comply with the terms of:
4 (1) a license;
5 (2) this chapter or IC 14-2-12 (before its repeal); or
6 (3) rules adopted or orders issued under:
7 (A) IC 14-2-12 (before its repeal); or
8 (B) this chapter;
9 is grounds for suspension of the license for not more than one (1) year.
10 SECTION 33. IC 14-22-14-26 IS REPEALED [EFFECTIVE JULY
11 1, 2022]. Sec. 26. (a) Knowing or intentional failure to comply with the
12 terms of:
13 (1) a license;
14 (2) this chapter or IC 14-2-12 (before its repeal); or
15 (3) rules adopted or orders issued under:
16 (A) IC 14-2-12 (before its repeal); or
17 (B) this chapter;
18 is grounds for revocation of the license.
19 (b) A license revoked under this section may not be reinstated.
20 SECTION 34. IC 14-22-14-27 IS REPEALED [EFFECTIVE JULY
21 1, 2022]. Sec. 27. (a) The director may do all things necessary to carry
22 out this chapter.
23 (b) The commission shall adopt rules under IC 4-22-2 to implement
24 this chapter.
25 SECTION 35. IC 14-22-17 IS REPEALED [EFFECTIVE JULY 1,
26 2022]. (Mussels License).
27 SECTION 36. IC 14-22-18-4 IS AMENDED TO READ AS
28 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 4. Section 2 of this
29 chapter does not authorize a resident to fish during a free sport fishing
30 day in violation of the license requirements set forth in the following:
31 (1) IC 14-22-13.
32 (2) IC 14-22-14.
33 (3) (2) IC 14-22-15.
34 (4) (3) IC 14-22-16.
35 (5) IC 14-22-17.
36 SECTION 37. IC 14-22-20-1, AS AMENDED BY P.L.195-2017,
37 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
38 JULY 1, 2022]: Sec. 1. (a) The owner of a hunting preserve licensed
39 under IC 15-17-14.7 is not required to obtain a game breeder's license
40 under this section.
41 (b) The owner of a cervidae livestock operation under IC 15-17-14.5
42 is not required to obtain a game breeder's license under this section.
EH 1103—LS 6602/DI 139 9
1 (c) The department may, under rules adopted under IC 4-22-2, issue
2 to a resident of Indiana, upon the payment of a minimum fee of fifteen
3 dollars ($15), a license to:
4 (1) propagate in captivity; and
5 (2) possess, buy, or sell; for this purpose only;
6 game birds game mammals, or furbearing mammals or wild animals
7 protected by Indiana law.
8 (d) The fee in subsection (c) is subject to IC 14-22-2-10.
9 SECTION 38. IC 14-22-20-2, AS AMENDED BY P.L.151-2012,
10 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2022]: Sec. 2. (a) A license issued under this chapter
12 authorizes the possession or sale of nonmigratory game birds game
13 mammals, or furbearing mammals for breeding purposes, for release,
14 or for food purposes or wild animals. An individual who:
15 (1) acquires a furbearing mammal wild animal alive, legally in
16 open season; or
17 (2) purchases the game bird or mammal wild animal from a
18 licensed game breeder;
19 may apply for a breeder's license within five (5) days after acquiring
20 the animal from the licensed game breeder or within five (5) days after
21 the last day of the open season for the animal. Otherwise, the animal
22 shall be released.
23 (b) The commission shall adopt rules under IC 4-22-2 to
24 implement this section.
25 SECTION 39. IC 14-22-20-3 IS AMENDED TO READ AS
26 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 3. An animal raised
27 domestically by an out-of-state breeder may be imported into Indiana.
28 and sold for food purposes. A purchaser of such an animal raised
29 domestically by an out-of-state breeder must be able to show legal
30 proof of out-of-state origin for all animals possessed.
31 SECTION 40. IC 14-22-26-1 IS AMENDED TO READ AS
32 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 1. This chapter does not
33 apply to licensed the following licenses:
34 (1) Commercial animal dealers, breeders, or exhibitors licensed
35 by the United States Department of Agriculture for species of
36 wild and exotic animals that can be possessed without a
37 permit or license from the department under this article.
38 (2) Zoological parks.
39 (3) Circuses or carnivals.
40 (4) Research facilities and universities licensed or registered
41 with the United States Department of Agriculture.
42 (5) An organization or a person temporarily housing a wild
EH 1103—LS 6602/DI 139 10
1 animal at the request of the department.
2 SECTION 41. IC 14-22-26-2 IS AMENDED TO READ AS
3 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 2. As used in this
4 chapter, "zoological park" means
5 (1) a permanent establishment that is a member of accredited by
6 the American Association of Zoological Parks Zoos and
7 Aquariums. or
8 (2) an agency of local government, open to and administered for
9 the public, to provide education, conservation, and preservation
10 of the earth's fauna.
11 SECTION 42. IC 14-22-26-3 IS AMENDED TO READ AS
12 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 3. The director may
13 adopt rules under IC 4-22-2 to require and issue the following:
14 (1) A permit to possess a wild animal protected by statute or rule.
15 (2) A permit to possess a wild animal that may be harmful or
16 dangerous to plants people, or domestic animals, or wild
17 animals. A separate permit is required for each wild animal
18 described in this subdivision.
19 SECTION 43. IC 14-22-26-5 IS AMENDED TO READ AS
20 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 5. (a) If an emergency
21 exists, the director may summarily suspend a permit issued under this
22 chapter. The director may summarily seize and hold an animal for
23 which a permit is required under this chapter, pending the outcome of
24 the proceedings under this section, if either of the following conditions
25 exist:
26 (1) A permit has not been issued to possess the animal.
27 (2) A permit has been issued to possess the animal, but the
28 director believes that an emergency exists because at least one (1)
29 of the following conditions exists:
30 (A) The animal is in a position to harm another animal.
31 (B) The life or health of the animal is in peril.
32 (b) After suspending a permit or seizing and holding an animal
33 under subsection (a), the department shall proceed as quickly as
34 feasible to provide the opportunity for completed adjudicative
35 proceedings under IC 4-21.5. The proceedings may result in the
36 revocation, temporary suspension, or modification of the permit.
37 Provision may be made for a final disposition with respect to the wild
38 animal, including confiscation of the animal. IC 4-21.5 provides the
39 exclusive remedy available to a person aggrieved by a determination
40 of the department under this section.
41 (c) The director may contract with experts in the handling of
42 animals for which a permit is required under this chapter to assist the
EH 1103—LS 6602/DI 139 11
1 director in seizing and holding an animal under this section. A person
2 who seizes and holds an animal under a contract with the director is not
3 subject to legal action arising from the seizure or holding to the same
4 extent as if the person was an employee of the department.
5 (d) The owner of an animal seized under this section is liable for the
6 costs of seizing and holding the animal and of the proceedings under
7 this section, including a trial, if any.
8 (e) A law enforcement officer or an employee of the department
9 is not liable for the destruction of a permitted animal that escapes
10 an enclosure and poses a threat to public safety.
11 SECTION 44. IC 14-28-1-22, AS AMENDED BY P.L.21-2021,
12 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 JULY 1, 2022]: Sec. 22. (a) As used in subsection (b)(1) with respect
14 to a stream, "total length" means the length of the stream, expressed in
15 miles, from the confluence of the stream with the receiving stream to
16 the upstream or headward extremity of the stream, as indicated by the
17 solid or dashed, blue or purple line depicting the stream on the most
18 current edition of the seven and one-half (7 1/2) minute topographic
19 quadrangle map published by the United States Geological Survey,
20 measured along the meanders of the stream as depicted on the map.
21 (b) This section does not apply to the following:
22 (1) A reconstruction or maintenance project (as defined in
23 IC 36-9-27) on a stream or an open regulated drain if the total
24 length of the stream or open drain is not more than ten (10) miles.
25 (2) A construction or reconstruction project on a state or county
26 highway bridge in a rural area that crosses a stream having an
27 upstream drainage area of not more than fifty (50) square miles
28 and the relocation of utility lines associated with the construction
29 or reconstruction project if confined to an area not more than one
30 hundred (100) feet from the limits of the highway construction
31 right-of-way.
32 (3) The performance of an activity described in subsection (c)(1)
33 or (c)(2) by a surface coal mining operation that is operated under
34 a permit issued under IC 14-34.
35 (4) Any other activity that is determined by the commission,
36 according to rules adopted under IC 4-22-2, to pose not more than
37 a minimal threat to floodway areas.
38 (5) An activity in a boundary river floodway to which section 26.5
39 of this chapter applies.
40 (6) The removal of a logjam or mass of wood debris that has
41 accumulated in a river or stream, subject to the following
42 conditions:
EH 1103—LS 6602/DI 139 12
1 (A) Work must not be within a salmonid stream designated
2 under 327 IAC 2-1.5-5 without the prior written approval of
3 the department's division of fish and wildlife.
4 (B) Work must not be within a natural, scenic, or recreational
5 river or stream designated under 312 IAC 7-2.
6 (C) Except as otherwise provided in Indiana law, free logs or
7 affixed logs that are crossways in the channel must be cut,
8 relocated, and removed from the floodplain. Logs may be
9 maintained in the floodplain if properly anchored or otherwise
10 secured so as to resist flotation or dislodging by the flow of
11 water and placement in an area that is not a wetland. Logs
12 must be removed and secured with a minimum of damage to
13 vegetation.
14 (D) Isolated or single logs that are embedded, lodged, or
15 rooted in the channel, and that do not span the channel or
16 cause flow problems, must not be removed unless the logs are
17 either of the following:
18 (i) Associated with or in close proximity to larger
19 obstructions.
20 (ii) Posing a hazard to agriculture, business, navigation, or
21 property.
22 (E) A leaning or severely damaged tree that is in immediate
23 danger of falling into the waterway may be cut and removed.
24 if the tree is associated with or in close proximity to an
25 obstruction. The root system and stump of the tree must be left
26 in place.
27 (F) To the extent practicable, the construction of access roads
28 must be minimized, and should not result in the elevation of
29 the floodplain.
30 (G) To the extent practicable, work should be performed
31 exclusively from one (1) side of a waterway. Crossing the bed
32 of a waterway is prohibited.
33 (H) To prevent the flow of sediment laden water back into the
34 waterway, appropriate sediment control measures must be
35 installed.
36 (I) Within fifteen (15) days, all bare and disturbed areas must
37 be revegetated with a mixture of grasses and legumes. Tall
38 fescue must not be used under this subdivision, except that low
39 endophyte tall fescue may be used in the bottom of the
40 waterway and on side slopes.
41 (c) A person who desires to:
42 (1) erect, make, use, or maintain a structure, an obstruction, a
EH 1103—LS 6602/DI 139 13
1 deposit, or an excavation; or
2 (2) suffer or permit a structure, an obstruction, a deposit, or an
3 excavation to be erected, made, used, or maintained;
4 in or on a floodway must file with the director a verified written
5 application for a permit accompanied by a nonrefundable minimum fee
6 of two hundred dollars ($200).
7 (d) The application for a permit must set forth the material facts
8 together with plans and specifications for the structure, obstruction,
9 deposit, or excavation.
10 (e) An applicant must receive a permit from the director for the
11 work before beginning construction. The director shall issue a permit
12 only if in the opinion of the director the applicant has clearly proven
13 that the structure, obstruction, deposit, or excavation will not do any of
14 the following:
15 (1) Adversely affect the efficiency of or unduly restrict the
16 capacity of the floodway.
17 (2) Constitute an unreasonable hazard to the safety of life or
18 property.
19 (3) Result in unreasonably detrimental effects upon fish, wildlife,
20 or botanical resources.
21 (f) In deciding whether to issue a permit under this section, the
22 director shall consider the cumulative effects of the structure,
23 obstruction, deposit, or excavation. The director may incorporate in and
24 make a part of an order of authorization conditions and restrictions that
25 the director considers necessary for the purposes of this chapter.
26 (g) A permit issued under this section:
27 (1) is valid for two (2) years after the issuance of the permit;
28 (2) to:
29 (A) the Indiana department of transportation or a county
30 highway department if there is any federal funding for the
31 project; or
32 (B) an electric utility for the construction of a power
33 generating facility;
34 is valid for five (5) years from the date of issuance; and
35 (3) is valid for the duration of a permitted project subject to
36 periodic compliance evaluations for a quarrying or aggregate
37 company for the excavation of industrial materials, including:
38 (A) clay and shale;
39 (B) crushed limestone and dolostone;
40 (C) dimension limestone;
41 (D) dimension sandstone;
42 (E) gypsum;
EH 1103—LS 6602/DI 139 14
1 (F) peat;
2 (G) construction sand and gravel; and
3 (H) industrial sand.
4 However, a permit issued under this section expires if construction is
5 not commenced within two (2) years after the permit is issued. Except
6 as provided under section 22.1 of this chapter, a permit that is active
7 and was issued under subdivision (1) before July 1, 2014, is valid for
8 two (2) years beginning July 2014, and a permit that is active and was
9 issued under subdivision (2) before July 1, 2014, is valid for five (5)
10 years beginning July 2014.
11 (h) The holder of a permit issued under subsection (g)(3) shall
12 notify the commission within six (6) months of completing the
13 permitted project.
14 (i) A permit issued under:
15 (1) subsection (g)(1) may be renewed one (1) time for a period not
16 to exceed two (2) additional years; and
17 (2) subsection (g)(2) may be renewed one (1) time for a period not
18 to exceed five (5) additional years.
19 (j) The director shall send a copy of each permit issued under this
20 section to each river basin commission organized under:
21 (1) IC 14-29-7 or IC 13-2-27 (before its repeal); or
22 (2) IC 14-13-9, IC 14-30-1 (before its repeal), or IC 36-7-6
23 (before its repeal);
24 that is affected.
25 (k) The permit holder shall post and maintain a permit issued under
26 this section at the authorized site.
27 (l) For the purposes of this chapter, the lowest floor of a building,
28 including a residence or abode, that is to be constructed or
29 reconstructed in the one hundred (100) year floodplain of an area
30 protected by a levee that is:
31 (1) inspected; and
32 (2) found to be in good or excellent condition;
33 by the United States Army Corps of Engineers shall not be lower than
34 the one hundred (100) year frequency flood elevation plus one (1) foot.
35 SECTION 45. IC 14-28-1-23, AS AMENDED BY P.L.90-2020,
36 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
37 JULY 1, 2022]: Sec. 23. (a) The director may remove or eliminate a
38 structure, an obstruction, a deposit, or an excavation in a floodway that:
39 (1) adversely affects the efficiency of or unduly restricts the
40 capacity of the floodway;
41 (2) constitutes an unreasonable hazard to the safety of life or
42 property; or
EH 1103—LS 6602/DI 139 15
1 (3) is unreasonably detrimental to fish, wildlife, or botanical
2 resources;
3 by an action in condemnation.
4 (b) In assessing the damages in the proceedings, the appraisers and
5 the court shall take into consideration whether the structure,
6 obstruction, deposit, or excavation is legally in or on the floodway.
7 (c) Beginning January 1, 2020, January 1, 2022, the director shall
8 not exercise the authority under subsection (a) to remove or eliminate
9 an abode or residence from a floodway if:
10 (1) the abode or residence was constructed before January 1,
11 2020; January 1, 2022;
12 (2) the owner of the abode or residence has taken necessary
13 measures to elevate the lowest floor of the abode or residence, as
14 reconstructed, including the basement, to at least two (2) feet
15 above the one hundred (100) year flood elevation within two (2)
16 years after receiving notification from the department concerning
17 the abode or residence; and
18 (3) the owner of the abode or residence has taken necessary
19 measures to comply with all applicable local, state, and federal
20 floodway regulations.
21 SECTION 46. IC 14-28-1-39 IS ADDED TO THE INDIANA
22 CODE AS A NEW SECTION TO READ AS FOLLOWS
23 [EFFECTIVE JULY 1, 2022]: Sec. 39. (a) Before July 1, 2023, the
24 department shall adopt a license for the following activities in a
25 floodway:
26 (1) Removal of trees.
27 (2) Channel maintenance.
28 (3) Bank reconstruction, repair, and stabilization.
29 (b) This section expires July 1, 2024.
30 SECTION 47. IC 14-28-1-40 IS ADDED TO THE INDIANA
31 CODE AS A NEW SECTION TO READ AS FOLLOWS
32 [EFFECTIVE JULY 1, 2022]: Sec. 40. A local floodplain
33 administrator shall utilize the best floodplain mapping data
34 available as provided by the department and located on the
35 Indiana Floodplain Information Portal when reviewing a permit
36 application for a structure or a construction activity in, or near, a
37 floodplain.
38 SECTION 48. IC 14-34-4-5 IS AMENDED TO READ AS
39 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 5. (a) If written
40 objections are filed and an informal conference or a public hearing is
41 requested, the director shall hold the conference or public hearing in
42 the locality of the proposed surface coal mining operation within a
EH 1103—LS 6602/DI 139 16
1 reasonable time of receipt of the objections or request. The director
2 shall advertise in a newspaper of general circulation in the county in
3 which the proposed surface coal mining operation is located at least
4 two (2) weeks before the scheduled conference or public hearing the
5 date, time, and location of the conference or public hearing.
6 (b) The director may arrange with the applicant, upon request by
7 any party to the administrative proceeding, access to the proposed
8 mining area for the purpose of gathering information relevant to the
9 proceeding.
10 (c) An electronic or a stenographic record shall be made of the
11 conference or public hearing. unless waived by all parties. The director
12 shall maintain the record and have the record accessible to the parties
13 until final release of the applicant's performance bond.
14 (d) The director may not hold the conference or public hearing if
15 any of the following conditions exist:
16 (1) All parties requesting the conference or public hearing
17 stipulate agreement before the conference or public hearing and
18 withdraw their request.
19 (2) The request fails to comply with the requirements of section
20 4 of this chapter.
21 (3) The objections do not concern a matter within the scope of
22 this article or the commission's rules.
23 SECTION 49. IC 25-36.5-1-2.1 IS ADDED TO THE INDIANA
24 CODE AS A NEW SECTION TO READ AS FOLLOWS
25 [EFFECTIVE JULY 1, 2022]: Sec. 2.1. (a) A contract to purchase
26 timber must be in writing pursuant to:
27 (1) the Uniform Commercial Code (IC 26-1); and
28 (2) the rules adopted by the department.
29 (b) No person shall engage in the purchase of timber with a
30 timber grower without a written contract as described in
31 subsection (a).
32 (c) Each timber purchase without a written contract constitutes
33 a separate and distinct violation under this chapter.
34 (d) Failure to have a written contract to purchase timber does
35 not limit the remedies available to a timber grower under this
36 chapter.
37 SECTION 50. IC 25-36.5-1-3.2, AS AMENDED BY P.L.57-2013,
38 SECTION 86, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
39 JULY 1, 2022]: Sec. 3.2. (a) This section refers to an adjudicative
40 proceeding against:
41 (1) a timber buyer; or
42 (2) a person who cuts timber but is not a timber buyer (referred to
EH 1103—LS 6602/DI 139 17
1 as a "timber cutter" in this section).
2 (b) The department may under IC 4-21.5-3-8 commence a
3 proceeding against a timber buyer or a timber cutter if there is reason
4 to believe that:
5 (1) the timber buyer or timber cutter has acquired timber from a
6 timber grower under a written contract for the sale of the timber
7 without payment having been made to the timber grower as
8 specified in the contract; or
9 (2) if:
10 (A) there is no written contract for the sale of the timber; or
11 (B) there is a written contract for the sale of the timber but the
12 contract does not set forth the purchase price for the timber;
13 the timber buyer or timber cutter has cut timber or acquired
14 timber from the timber grower without payment having been
15 made to the timber grower equal to the value of the timber as
16 determined under IC 26-1-2.
17 (c) A proceeding may be commenced under this section at the
18 request of a timber grower.
19 (d) The necessary parties to a proceeding initiated under this section
20 are:
21 (1) the timber grower; and
22 (2) the timber buyer or timber cutter.
23 (e) After the commencement of a proceeding under this section
24 through the service of a complaint under IC 4-21.5-3-8, a party to the
25 proceeding may move for the joinder of any of the following persons
26 having a relationship to the site or subject of the complaint:
27 (1) The surety of the timber buyer.
28 (2) A timber buyer.
29 (3) A timber cutter.
30 (4) A landowner.
31 (5) An owner of land adjacent to the land from which the timber
32 was cut.
33 (6) A consultant receiving a fee for services related to the timber.
34 (7) A professional surveyor performing an American Land Title
35 Association and American Congress on Surveying and Mapping
36 (ALTA/ACSM) land title survey.
37 (8) The department of natural resources, if the department has a
38 relationship to the site or subject of the complaint as a landowner
39 or owner of adjacent land.
40 (f) The complaint served under IC 4-21.5-3-8 to commence a
41 proceeding under this section may seek the following:
42 (1) Damages in compensation for damage actually resulting from
EH 1103—LS 6602/DI 139 18
1 the wrongful activities of a timber buyer or timber cutter.
2 (2) Damages equal to three (3) times the stumpage value of any
3 timber that is wrongfully cut or appropriated without payment.
4 (3) Damages for costs associated with a claim or action,
5 including attorney's fees.
6 (4) Damages specified by a contract between a timber grower
7 and a timber buyer.
8 (g) Notwithstanding subsection (f), the liability on the surety bond
9 of a timber cutter is limited to the value of any timber wrongfully cut
10 or appropriated.
11 (h) A proceeding under this section is governed by IC 4-21.5.
12 Before a hearing is convened in the proceeding, a prehearing
13 conference shall be conducted to provide the parties with an
14 opportunity for settlement, including an opportunity for mediation.
15 (i) In determining the site for a hearing in a proceeding under this
16 section, the administrative law judge shall consider the convenience of
17 the parties.
18 (j) A final agency action in a proceeding under this section must
19 address all issues of damage and responsibility and, after the
20 completion of the opportunity for judicial review, may be enforced in
21 a civil proceeding as a judgment.
22 SECTION 51. IC 25-36.5-1-4 IS AMENDED TO READ AS
23 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 4. It The following
24 shall be unlawful and a violation of this chapter:
25 (a) For any timber buyer to fail to pay, as agreed, for any timber
26 purchased.
27 (b) For any timber buyer to cut or cause to be cut or appropriate any
28 timber not purchased.
29 (c) For a timber buyer to willfully make any false statement in
30 connection with the application, bond or other information required to
31 be given to the department or a timber grower.
32 (d) For a timber buyer to fail to honestly account to the timber
33 grower or the department for timber purchased or cut if the buyer is
34 under a duty to do so. and
35 (e) For a timber buyer to commit any fraudulent act in connection
36 with the purchase or cutting of timber.
37 (f) For a timber buyer to violate a provision of this chapter or
38 a rule of the department adopted under this chapter.
39 SECTION 52. IC 25-36.5-1-4.9 IS AMENDED TO READ AS
40 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 4.9. The director may
41 refuse to issue a timber buyer registration certificate to an applicant
42 that has:
EH 1103—LS 6602/DI 139 19
1 (1) been convicted of a felony;
2 (2) violated a provision of this chapter; or
3 (3) violated a rule adopted by the department under this chapter;
4 or
5 (4) an active or pending suspension of a timber buyer license
6 under section 16 of this chapter.
7 SECTION 53. IC 25-36.5-1-8 IS AMENDED TO READ AS
8 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 8. (a) The department
9 may inspect the premises used by any timber buyer in the conduct of
10 his the timber buyer's business at any reasonable time and the books,
11 accounts, records and papers of every such timber buyer shall at all
12 times during business hours be subject to inspection by the department.
13 (b) A timber buyer shall keep complete and accurate records
14 and accounts for each transaction. The timber buyer shall retain
15 records and accounts for not less than five (5) years after a
16 transaction.
17 (c) The information obtained under this section is exempt under
18 IC 5-14-3-4(a)(1). Unless otherwise required by judicial order, the
19 information obtained under this section may be disclosed only to
20 the director, the director's designee, or a timber grower.
21 SECTION 54. IC 25-36.5-1-16 IS AMENDED TO READ AS
22 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 16. (a) The director
23 may revoke, or suspend, deny, or refuse to issue any license or agent's
24 registration under that license if the applicant or holder of that license
25 has:
26 (1) been convicted of a felony;
27 (2) violated any provision of this chapter; or
28 (3) violated any rule or regulation of the department promulgated
29 under this chapter.
30 Revocation or suspension of a license or an agent's registration shall be
31 determined by the director after an administrative hearing as provided
32 in section 12 of this chapter. subsection (d).
33 (b) The director may suspend a license for not more than ninety
34 (90) days before a final adjudication if the director finds that the
35 holder of a timber buyer's license poses a clear and immediate
36 danger to public health, safety, or property if allowed to continue
37 to operate.
38 (c) The director may renew a suspension under subsection (b)
39 for a period of not more than ninety (90) days. There is no limit to
40 the number of times the director may renew a suspension.
41 (d) A proceeding under this chapter to revoke, suspend, deny,
42 or refuse to issue a license shall be conducted in the manner
EH 1103—LS 6602/DI 139 20
1 prescribed by IC 4-21.5-3.
2 SECTION 55. IC 31-25-4-32, AS AMENDED BY P.L.150-2018,
3 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4 JULY 1, 2022]: Sec. 32. (a) When the Title IV-D agency finds that an
5 obligor is delinquent, the Title IV-D agency shall send, to a verified
6 address, a notice to the obligor that does the following:
7 (1) Specifies that the obligor is delinquent.
8 (2) Describes the amount of child support that the obligor is in
9 arrears.
10 (3) States that unless the obligor:
11 (A) pays the obligor's child support arrearage in full;
12 (B) establishes a payment plan with the Title IV-D agency to
13 pay the arrearage, which includes an income withholding
14 order; or
15 (C) requests a hearing under section 33 of this chapter;
16 within twenty (20) days after the date the notice is mailed, the
17 Title IV-D agency shall issue an order to the bureau of motor
18 vehicles stating that the obligor is delinquent and that the
19 obligor's driving privileges shall be suspended.
20 (4) Explains that the obligor has twenty (20) days after the notice
21 is mailed to do one (1) of the following:
22 (A) Pay the obligor's child support arrearage in full.
23 (B) Establish a payment plan with the Title IV-D agency to
24 pay the arrearage, which includes an income withholding order
25 under IC 31-16-15-2 or IC 31-16-15-2.5.
26 (C) Request a hearing under section 33 of this chapter.
27 (5) Explains that if the obligor has not satisfied any of the
28 requirements of subdivision (4) not later than twenty (20) days
29 after the notice is mailed, that the Title IV-D agency shall issue a
30 notice to:
31 (A) the board or department that regulates the obligor's
32 profession or occupation, if any, that the obligor is delinquent
33 and that the obligor may be subject to sanctions under
34 IC 25-1-1.2, including suspension or revocation of the
35 obligor's professional or occupational license;
36 (B) the supreme court disciplinary commission if the obligor
37 is licensed to practice law;
38 (C) the department of education established by IC 20-19-3-1
39 if the obligor is a licensed teacher;
40 (D) the Indiana horse racing commission if the obligor holds
41 or applies for a license issued under IC 4-31-6;
42 (E) the Indiana gaming commission if the obligor holds or
EH 1103—LS 6602/DI 139 21
1 applies for a license issued under IC 4-33 and IC 4-35;
2 (F) the commissioner of the department of insurance if the
3 obligor holds or is an applicant for a license issued under
4 IC 27-1-15.6, IC 27-1-15.8, or IC 27-10-3;
5 (G) the director of the department of natural resources if the
6 obligor holds or is an applicant for a license issued by the
7 department of natural resources under:
8 (i) IC 14-22-12 (fishing, hunting, and trapping licenses);
9 (ii) IC 14-22-14 (Lake Michigan commercial fishing
10 license);
11 (iii) (ii) IC 14-22-16 (bait dealer's license);
12 (iv) IC 14-22-17 (mussel license);
13 (v) (iii) IC 14-22-19 (fur buyer's license);
14 (vi) (iv) IC 14-24-7 (nursery dealer's license); or
15 (vii) (v) IC 14-31-3 (ginseng dealer's license); or
16 (H) the alcohol and tobacco commission if the obligor holds or
17 applies for an employee's permit under IC 7.1-3-18-9(a)(3).
18 (6) Explains that the only basis for contesting the issuance of an
19 order under subdivision (3) or (5) is a mistake of fact.
20 (7) Explains that an obligor may contest the Title IV-D agency's
21 determination to issue an order under subdivision (3) or (5) by
22 making written application to the Title IV-D agency not later than
23 twenty (20) days after the date the notice is mailed.
24 (8) Explains the procedures to:
25 (A) pay the obligor's child support arrearage in full; and
26 (B) establish a payment plan with the Title IV-D agency to pay
27 the arrearage, which must include an income withholding
28 order under IC 31-16-15-2 or IC 31-16-15-2.5.
29 (b) Whenever the Title IV-D agency finds that an obligor is
30 delinquent and has failed to:
31 (1) pay the obligor's child support arrearage in full;
32 (2) establish a payment plan with the Title IV-D agency to pay the
33 arrearage, which includes an income withholding order under
34 IC 31-16-15-2 or IC 31-16-15-2.5; or
35 (3) request a hearing under section 33 of this chapter not later
36 than twenty (20) days after the date the notice described in
37 subsection (a) is mailed;
38 the Title IV-D agency shall issue an order to the bureau of motor
39 vehicles stating that the obligor is delinquent.
40 (c) An order issued under subsection (b) must require the following:
41 (1) If the obligor who is the subject of the order holds a driving
42 license or permit on the date the order is issued, that the driving
EH 1103—LS 6602/DI 139 22
1 privileges of the obligor be suspended until further order of the
2 Title IV-D agency.
3 (2) If the obligor who is the subject of the order does not hold a
4 driving license or permit on the date the order is issued, that the
5 bureau of motor vehicles may not issue a driving license or permit
6 to the obligor until the bureau of motor vehicles receives a further
7 order from the Title IV-D agency.
8 (d) The Title IV-D agency shall provide the:
9 (1) full name;
10 (2) date of birth;
11 (3) verified address; and
12 (4) Social Security number or driving license number;
13 of the obligor to the bureau of motor vehicles.
14 (e) Whenever the Title IV-D agency finds that an obligor who is an
15 applicant (as defined in IC 25-1-1.2-1) or a practitioner (as defined in
16 IC 25-1-1.2-6) is delinquent and the applicant or practitioner has failed
17 to:
18 (1) pay the obligor's child support arrearage in full;
19 (2) establish a payment plan with the Title IV-D agency to pay the
20 arrearage, which includes an income withholding order under
21 IC 31-16-15-2 or IC 31-16-15-2.5; or
22 (3) request a hearing under section 33 of this chapter;
23 the Title IV-D agency shall issue an order to the board regulating the
24 practice of the obligor's profession or occupation stating that the
25 obligor is delinquent.
26 (f) An order issued under subsection (e) must direct the board or
27 department regulating the obligor's profession or occupation to impose
28 the appropriate sanctions described under IC 25-1-1.2.
29 (g) Whenever the Title IV-D agency finds that an obligor who is an
30 attorney or a licensed teacher is delinquent and the attorney or licensed
31 teacher has failed to:
32 (1) pay the obligor's child support arrearage in full;
33 (2) establish a payment plan with the Title IV-D agency to pay the
34 arrearage, which includes an income withholding order under
35 IC 31-16-15-2 or IC 31-16-15-2.5; or
36 (3) request a hearing under section 33 of this chapter;
37 the Title IV-D agency shall notify the supreme court disciplinary
38 commission if the obligor is an attorney, or the department of education
39 if the obligor is a licensed teacher, that the obligor is delinquent.
40 (h) Whenever the Title IV-D agency finds that an obligor who holds
41 a license issued under IC 4-31-6, IC 4-33, or IC 4-35 has failed to:
42 (1) pay the obligor's child support arrearage in full;
EH 1103—LS 6602/DI 139 23
1 (2) establish a payment plan with the Title IV-D agency to pay the
2 arrearage, which includes an income withholding order under
3 IC 31-16-15-2 or IC 31-16-15-2.5; or
4 (3) request a hearing under section 33 of this chapter;
5 the Title IV-D agency shall issue an order to the Indiana horse racing
6 commission if the obligor holds a license issued under IC 4-31-6, or to
7 the Indiana gaming commission if the obligor holds a license issued
8 under IC 4-33 or IC 4-35, stating that the obligor is delinquent and
9 directing the commission to impose the appropriate sanctions described
10 in IC 4-31-6-11, IC 4-33-8.5-3, or IC 4-35-6.7-2.
11 (i) Whenever the Title IV-D agency finds that an obligor who holds
12 a license issued under IC 27-1-15.6, IC 27-1-15.8, or IC 27-10-3 has
13 failed to:
14 (1) pay the obligor's child support arrearage in full;
15 (2) establish a payment plan with the Title IV-D agency to pay the
16 arrearage, which includes an income withholding order under
17 IC 31-16-15-2 or IC 31-16-15-2.5; or
18 (3) request a hearing under section 33 of this chapter;
19 the Title IV-D agency shall issue an order to the commissioner of the
20 department of insurance stating that the obligor is delinquent and
21 directing the commissioner to impose the appropriate sanctions
22 described in IC 27-1-15.6-29 or IC 27-10-3-20.
23 (j) Whenever the Title IV-D agency finds that an obligor who holds
24 a license issued by the department of natural resources under
25 IC 14-22-12, IC 14-22-14, IC 14-22-16, IC 14-22-17, IC 14-22-19,
26 IC 14-24-7, or IC 14-31-3 has failed to:
27 (1) pay the obligor's child support arrearage in full;
28 (2) establish a payment plan with the Title IV-D agency to pay the
29 arrearage, which includes an income withholding order under
30 IC 31-16-15-2 or IC 31-16-15-2.5; or
31 (3) request a hearing under section 33 of this chapter;
32 the Title IV-D agency shall issue an order to the director of the
33 department of natural resources stating that the obligor is delinquent
34 and directing the director to suspend or revoke a license issued to the
35 obligor by the department of natural resources as provided in
36 IC 14-11-3.
37 (k) If the Title IV-D agency finds that an obligor who holds an
38 employee's permit issued under IC 7.1-3-18-9(a)(3) has failed to:
39 (1) pay the obligor's child support arrearage in full;
40 (2) establish a payment plan with the Title IV-D agency to pay the
41 arrearage, which includes an income withholding order under
42 IC 31-16-15-2 or IC 31-16-15-2.5; or
EH 1103—LS 6602/DI 139 24
1 (3) request a hearing under section 33 of this chapter;
2 the Title IV-D agency shall issue an order to the alcohol and tobacco
3 commission stating that the obligor is delinquent and directing the
4 alcohol and tobacco commission to impose the appropriate sanctions
5 under IC 7.1-3-23-44.
6 (l) A person's most recent address on file with the bureau constitutes
7 a verified address for purposes of this section.
8 (m) When an obligor who was the subject of an order issued by the
9 Title IV-D agency under subsection (b), (e), (g), (h), (i), (j), or (k) has:
10 (1) paid the obligor's child support arrearage in full; or
11 (2) established a payment plan with the Title IV-D agency to pay
12 the arrearage, which includes an income withholding order under
13 IC 31-16-15-2 or IC 31-16-15-2.5;
14 the Title IV-D agency shall provide notice to the appropriate entity
15 under subsection (b), (e), (g), (h), (i), (j), or (k) that the obligor has
16 addressed the delinquency.
17 SECTION 56. IC 31-25-4-34, AS AMENDED BY P.L.150-2018,
18 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
19 JULY 1, 2022]: Sec. 34. (a) As used in this section, "board" has the
20 meaning set forth in IC 25-1-1.2-2.
21 (b) If an obligor holds a license issued by a board and requests a
22 hearing under section 33 of this chapter but fails to appear or appears
23 and is found to be delinquent, the Title IV-D agency shall issue an
24 order to the board that issued the obligor's license:
25 (1) stating that the obligor is delinquent; and
26 (2) requiring the board to comply with the actions required under
27 IC 25-1-1.2-8.
28 (c) If an obligor holds a license issued under IC 4-31-6, IC 4-33, or
29 IC 4-35 and requests a hearing under section 33 of this chapter but fails
30 to appear or appears and is found to be delinquent, the Title IV-D
31 agency shall issue an order to the:
32 (1) Indiana horse racing commission, if the obligor holds a license
33 issued under IC 4-31-6; or
34 (2) Indiana gaming commission, if the obligor holds a license
35 issued under IC 4-33 or IC 4-35;
36 stating that the obligor is delinquent and requiring the commission to
37 comply with the actions required under IC 4-31-6-11, IC 4-33-8.5-3, or
38 IC 4-35-6.7-2.
39 (d) If an obligor holds a license issued under IC 27-1-15.6,
40 IC 27-1-15.8, or IC 27-10-3 and requests a hearing under section 33 of
41 this chapter but fails to appear or appears and is found to be delinquent,
42 the Title IV-D agency shall issue an order to the commissioner of the
EH 1103—LS 6602/DI 139 25
1 department of insurance:
2 (1) stating that the obligor is delinquent; and
3 (2) requiring the commissioner to comply with the actions
4 required under IC 27-1-15.6-29 or IC 27-10-3-20.
5 (e) If an obligor holds a license issued by the department of natural
6 resources under IC 14-22-12, IC 14-22-14, IC 14-22-16, IC 14-22-17,
7 IC 14-22-19, IC 14-24-7, or IC 14-31-3 and requests a hearing under
8 section 33 of this chapter but fails to appear, or appears and is found to
9 be delinquent, the Title IV-D agency shall issue an order to the director
10 of the department of natural resources:
11 (1) stating that the obligor is delinquent; and
12 (2) requiring the director to suspend or revoke a license issued by
13 the department as provided in IC 14-11-3.
14 (f) If an obligor:
15 (1) holds an employee's permit issued under IC 7.1-3-18-9(a)(3);
16 and
17 (2) requests a hearing under section 33 of this chapter but fails to
18 appear or appears and is found to be delinquent;
19 the Title IV-D agency shall issue an order to the alcohol and tobacco
20 commission stating that the obligor is delinquent and requiring the
21 commission to impose the appropriate sanctions under IC 7.1-3-23-44.
22 (g) When an obligor who was the subject of an order issued by the
23 Title IV-D agency under subsection (b), (c), (d), (e), or (f) has:
24 (1) paid the obligor's child support arrearage in full; or
25 (2) established a payment plan with the Title IV-D agency to pay
26 the arrearage, which includes an income withholding order under
27 IC 31-16-15-2 or IC 31-16-15-2.5;
28 the Title IV-D agency shall provide notice to the appropriate entity
29 under subsection (b), (c), (d), (e), or (f) that the obligor has addressed
30 the delinquency.
31 SECTION 57. IC 35-52-14-25 IS REPEALED [EFFECTIVE JULY
32 1, 2022]. Sec. 25. IC 14-22-14-22 defines a crime concerning fishing
33 licenses.
34 SECTION 58. IC 35-52-14-26.5 IS REPEALED [EFFECTIVE
35 JULY 1, 2022]. Sec. 26.5. IC 14-22-17-2 defines a crime concerning
36 mussel licenses.
EH 1103—LS 6602/DI 139 26
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
EH 1103—LS 6602/DI 139 27
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
EH 1103—LS 6602/DI 139 28
(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;
EH 1103—LS 6602/DI 139 29
(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
EH 1103—LS 6602/DI 139 30
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.
EH 1103—LS 6602/DI 139 31
(Reference is to HB 1103 as introduced.)
EBERHART
Committee Vote: yeas 11, nays 1.
_____
COMMITTEE REPORT
Madam President: The Senate Committee on Natural Resources, to
which was referred House Bill No. 1103, has had the same under
consideration and begs leave to report the same back to the Senate with
the recommendation that said bill DO PASS.
(Reference is to HB 1103 as printed January 24, 2022.)
GLICK, Chairperson
Committee Vote: Yeas 9, Nays 0
_____
SENATE MOTION
Madam President: I move that Engrossed House Bill 1103 be
amended to read as follows:
Page 2, delete lines 12 through 33.
Renumber all SECTIONS consecutively.
(Reference is to EHB 1103 as printed February 22, 2022.)
GLICK
EH 1103—LS 6602/DI 139