IN
Indiana House Bill HB1103

Indiana 2022 Regular Session

Indiana House Bill HB1103 Compare Versions

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1+*EH1103.2*
2+Reprinted
3+February 25, 2022
4+ENGROSSED
5+HOUSE BILL No. 1103
6+_____
7+DIGEST OF HB 1103 (Updated February 24, 2022 3:16 pm - DI 129)
8+Citations Affected: IC 14-8; IC 14-11; IC 14-22; IC 14-28; IC 14-34;
9+IC 25-36.5; IC 31-25; IC 35-52.
10+Synopsis: Department of natural resources. Repeals code provisions
11+regarding commercial fishing on Lake Michigan. Removes the
12+requirement that the director of the department of natural resources
13+(department) send, to a person who has a license that is placed on
14+probationary status, notice that includes a description of the amount of
15+child support in arrears and an explanation of the procedures to pay
16+child support arrearage. Repeals the mussels license issued by the
17+department. Provides that a law enforcement officer or an employee of
18+the department is not liable for the destruction of a permitted animal
19+that escapes an enclosure and poses a threat to public safety. Provides
20+instances when a construction permit for a floodway is not required to
21+remove a logjam or mass of wood debris that has accumulated in a
22+river or stream. Provides that, beginning January 1, 2022, the director
23+of the department shall not exercise authority to remove or eliminate an
24+(Continued next page)
25+Effective: July 1, 2022.
26+Eberhart, Boy, Abbott, May
27+(SENATE SPONSOR — GLICK)
28+January 4, 2022, read first time and referred to Committee on Natural Resources.
29+January 24, 2022, amended, reported — Do Pass.
30+January 26, 2022, read second time, ordered engrossed. Engrossed.
31+January 27, 2022, read third time, passed. Yeas 90, nays 0.
32+SENATE ACTION
33+February 7, 2022, read first time and referred to Committee on Natural Resources.
34+February 21, 2022, reported favorably — Do Pass.
35+February 24, 2022, read second time, amended, ordered engrossed.
36+EH 1103—LS 6602/DI 139 Digest Continued
37+abode or residence from a floodway if the abode or residence was
38+constructed before January 1, 2022. (Current law provides that the
39+director of the department shall not exercise the authority if the
40+residence or abode was constructed before January 1, 2020.) Provides
41+that before July 1, 2023, the department shall adopt a license for the
42+removal of trees; channel maintenance; and bank reconstruction, repair,
43+and stabilization in a floodway. Provides that a local floodplain
44+administrator shall utilize the best floodplain mapping data available
45+as provided by the department and located on the Indiana Floodplain
46+Information Portal when reviewing a permit application for a structure
47+or a construction activity in, or near, a floodplain. Provides that a
48+contract to purchase timber must be in writing. Allows the collection
49+of damages for costs associated with a claim or action, including
50+attorney's fees, or damages specified in a contract with a timber buyer
51+or a person who cuts timber but is not a timber buyer. Requires a
52+timber buyer to keep complete and accurate records for at least five
53+years after a transaction. Allows the director of the department to
54+suspend a timber buyer's license for not more than 90 days before a
55+final adjudication if the director of the department finds that the holder
56+of the timber buyer's license poses a clear and immediate danger to
57+public health, safety, or property if allowed to continue to operate.
58+Provides that the director of the department may renew the suspension
59+for periods of not more than 90 days. Makes technical and conforming
60+changes.
61+EH 1103—LS 6602/DI 139EH 1103—LS 6602/DI 139 Reprinted
62+February 25, 2022
163 Second Regular Session of the 122nd General Assembly (2022)
264 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
365 Constitution) is being amended, the text of the existing provision will appear in this style type,
466 additions will appear in this style type, and deletions will appear in this style type.
567 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
668 provision adopted), the text of the new provision will appear in this style type. Also, the
769 word NEW will appear in that style type in the introductory clause of each SECTION that adds
870 a new provision to the Indiana Code or the Indiana Constitution.
971 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1072 between statutes enacted by the 2021 Regular Session of the General Assembly.
11-HOUSE ENROLLED ACT No. 1103
12-AN ACT to amend the Indiana Code concerning natural and cultural
13-resources.
73+ENGROSSED
74+HOUSE BILL No. 1103
75+A BILL FOR AN ACT to amend the Indiana Code concerning
76+natural and cultural resources.
1477 Be it enacted by the General Assembly of the State of Indiana:
15-SECTION 1. IC 14-8-2-44 IS REPEALED [EFFECTIVE JULY 1,
16-2022]. Sec. 44. "Commercial fishing", for purposes of IC 14-22-14, has
17-the meaning set forth in IC 14-22-14-1.
18-SECTION 2. IC 14-8-2-45 IS REPEALED [EFFECTIVE JULY 1,
19-2022]. Sec. 45. "Commercial fishing gear", for purposes of
20-IC 14-22-14, has the meaning set forth in IC 14-22-14-2.
21-SECTION 3. IC 14-8-2-46 IS REPEALED [EFFECTIVE JULY 1,
22-2022]. Sec. 46. "Commercial fishing license", for purposes of
23-IC 14-22-14, has the meaning set forth in IC 14-22-14-3.
24-SECTION 4. IC 14-8-2-138 IS REPEALED [EFFECTIVE JULY 1,
25-2022]. Sec. 138. "Lake Michigan", for purposes of IC 14-22-14, has the
26-meaning set forth in IC 14-22-14-4.
27-SECTION 5. IC 14-8-2-242, AS AMENDED BY P.L.148-2020,
28-SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
29-JULY 1, 2022]: Sec. 242. (a) "Resident", for purposes of IC 14-22,
30-except as provided in subsection (b), means a person who:
31-(1) is domiciled in Indiana for sixty (60) consecutive days
32-immediately preceding the date of the purchase of a license or
33-permit; and
34-(2) does not claim residency for hunting, fishing, or trapping in
35-any state other than Indiana or any country other than the United
36-HEA 1103 — Concur 2
37-States.
38-(b) "Resident", for purposes of IC 14-22-17, has the meaning set
39-forth in IC 14-22-17-1.
40-(c) (b) "Resident", for purposes of IC 14-33-24-9, has the meaning
41-set forth in IC 14-33-24-9(a).
42-SECTION 6. IC 14-11-3-4, AS AMENDED BY P.L.150-2018,
43-SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
44-JULY 1, 2022]: Sec. 4. (a) Upon receiving an order from the bureau
45-under IC 31-25-4-32(j) or IC 31-25-4-34(e), the director shall place on
46-probationary status any license issued under IC 14-22-12, IC 14-22-14,
47-IC 14-22-16, IC 14-22-17, IC 14-22-19, IC 14-24-7, or IC 14-31-3 and
48-held by the person who is the subject of the order. The director shall
49-send the person a notice that does the following:
50-(1) States that the person's license has been placed on
51-probationary status.
52-(2) States that the person's license will be suspended if the
53-director has not received notice from the bureau under
54-IC 31-25-4-32(m) or IC 31-25-4-34(g) within twenty (20) days
55-after the date of the notice.
56-(3) Describes the amount of child support that the person is in
57-arrears.
58-(4) Explains the procedures to:
59-(A) pay the person's child support arrearage in full; and
60-(B) establish a payment plan with the bureau to pay the
61-arrearage, which must include an income withholding order
62-under IC 31-16-15-2 or IC 31-16-15-2.5.
63-(b) If the director has not received notice from the bureau under
64-IC 31-25-4-32(m) or IC 31-25-4-34(g) within twenty (20) days after the
65-date of the notice in subsection (a), the director shall suspend the
66-license issued to the person under IC 14-22-12, IC 14-22-14,
67-IC 14-22-16, IC 14-22-17, IC 14-22-19, IC 14-24-7, or IC 14-31-3.
68-(c) The director may not reinstate a license placed on probationary
69-status or suspended under this section until the director receives a
70-notice from the bureau under IC 31-25-4-32(m) or IC 31-25-4-34(g)
71-that the person has addressed the delinquency.
72-SECTION 7. IC 14-22-2-10, AS AMENDED BY P.L.154-2019,
73-SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
74-JULY 1, 2022]: Sec. 10. (a) Notwithstanding any law in this article, the
75-commission may adjust a license and permit fee, including an
76-application fee, in an amount that is above the minimum fee
77-established under the following:
78-(1) Section 4 of this chapter (Licenses and permits written by the
79-HEA 1103 — Concur 3
80-director).
81-(2) IC 14-22-9-10 (Aquatic vegetation control).
82-(3) IC 14-22-13-1 (Commercial fishing).
83-(4) IC 14-22-13-2 (Commercial fishing on the Ohio River).
84-(5) IC 14-22-13-2.5 (Roe harvester or dealer).
85-(6) IC 14-22-14-9 (Commercial fishing on Lake Michigan).
86-(7) IC 14-22-14-10 (Commercial fishing on Lake Michigan).
87-(8) (6) IC 14-22-15-2 (Fishing guide).
88-(9) (7) IC 14-22-15.5-3 (Hunting guide).
89-(10) (8) IC 14-22-16-1 (Bait dealer).
90-(11) (9) IC 14-22-19-2 (Fur buyer).
91-(12) (10) IC 14-22-20-1 (Game breeder).
92-(13) (11) IC 14-22-21-2 (Taxidermist).
93-(14) (12) IC 14-22-22-2 (Scientific purposes).
94-(15) (13) IC 14-22-23-3 (Falconry).
95-(16) (14) IC 14-22-24-2 (Field trials).
96-(17) (15) IC 14-22-25-3 (Fish and wild animal importation).
97-(18) (16) IC 14-22-26-4 (Wild animal possession).
98-(19) (17) IC 14-22-27-2 (Fish stocking).
99-(20) (18) IC 14-22-31-2 (Private shooting preserve).
100-(b) Before adopting fees under this section, the commission shall
101-consider the amount that is reasonably necessary to generate revenue
102-sufficient to offset the costs incurred in carrying out the department's
103-responsibilities and operating any related programs.
104-(c) A fee that is submitted with an application for a license or permit
105-listed under subsection (a) is not refundable.
106-SECTION 8. IC 14-22-14-1 IS REPEALED [EFFECTIVE JULY 1,
107-2022]. Sec. 1. As used in this chapter, "commercial fishing" means the
108-taking of fish by means of commercial fishing gear.
109-SECTION 9. IC 14-22-14-2 IS REPEALED [EFFECTIVE JULY 1,
110-2022]. Sec. 2. As used in this chapter, "commercial fishing gear" means
111-fishing equipment, including boats, nets, and other equipment, used to
112-take fish from Lake Michigan to sell at wholesale or retail.
113-SECTION 10. IC 14-22-14-3 IS REPEALED [EFFECTIVE JULY
114-1, 2022]. Sec. 3. As used in this chapter, "commercial fishing license"
115-refers to a commercial fishing license issued under this chapter.
116-SECTION 11. IC 14-22-14-4 IS REPEALED [EFFECTIVE JULY
117-1, 2022]. Sec. 4. As used in this chapter, "Lake Michigan" refers to the
118-waters of Lake Michigan that are within Indiana.
119-SECTION 12. IC 14-22-14-5 IS AMENDED TO READ AS
120-FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 5. A person must have
121-a commercial fishing license to may not take fish from the Indiana
122-HEA 1103 — Concur 4
123-waters of Lake Michigan with commercial fishing gear.
124-SECTION 13. IC 14-22-14-6 IS REPEALED [EFFECTIVE JULY
125-1, 2022]. Sec. 6. To be eligible to hold a commercial fishing license,
126-the following conditions must be met:
127-(1) If the person is not a corporation, all individuals comprising
128-the person must be residents of Indiana.
129-(2) If the person is a corporation, the corporation must be an
130-Indiana corporation and all shareholders in the corporation must
131-be residents of Indiana.
132-SECTION 14. IC 14-22-14-7 IS REPEALED [EFFECTIVE JULY
133-1, 2022]. Sec. 7. The department may renew a commercial fishing
134-license, but may not issue an original commercial fishing license.
135-SECTION 15. IC 14-22-14-8 IS REPEALED [EFFECTIVE JULY
136-1, 2022]. Sec. 8. Commercial fishing licenses are designated as
137-follows:
138-(1) Class 1.
139-(2) Class 2.
140-(3) Class 3.
141-SECTION 16. IC 14-22-14-9 IS REPEALED [EFFECTIVE JULY
142-1, 2022]. Sec. 9. (a) A commercial fishing license:
143-(1) expires December 31 of the year for which the license was
144-issued or reserved;
145-(2) may be renewed or reserved annually; however, if an
146-application to renew or reserve a license is not received by the
147-department before February 1 of the year following the expiration
148-or reserved period of the license, the license may not be renewed,
149-reserved, or reinstated;
150-(3) that is reserved is inactive and may not be used, merged,
151-transferred, or converted during the reserved year; and
152-(4) subject to IC 14-22-2-10, may be reserved for one (1) year for
153-a minimum fee of twenty-five dollars ($25).
154-(b) The department shall report annually to the natural resources
155-committees of the house of representatives and the senate for the
156-purpose of updating the status of yellow perch in Lake Michigan as it
157-affects sport and commercial fishing and fishermen in Indiana.
158-SECTION 17. IC 14-22-14-10 IS REPEALED [EFFECTIVE JULY
159-1, 2022]. Sec. 10. Subject to IC 14-22-2-10, the minimum renewal fees
160-for commercial fishing licenses are as follows:
161-(1) Class 1, three thousand dollars ($3,000).
162-(2) Class 2, six thousand dollars ($6,000).
163-(3) Class 3, nine thousand dollars ($9,000).
164-SECTION 18. IC 14-22-14-11 IS REPEALED [EFFECTIVE JULY
165-HEA 1103 — Concur 5
166-1, 2022]. Sec. 11. Except as provided under section 9 of this chapter,
167-and subject to section 12 of this chapter, a commercial fishing license
168-may be transferred from one (1) person to another.
169-SECTION 19. IC 14-22-14-12 IS REPEALED [EFFECTIVE JULY
170-1, 2022]. Sec. 12. (a) Except as provided in sections 13 and 14 of this
171-chapter, a person may not hold or have an interest in more than one (1)
172-commercial fishing license.
173-(b) If a person having an interest in one (1) commercial fishing
174-license acquires an interest in a second commercial fishing license:
175-(1) the second license is valid; and
176-(2) the person is considered to have surrendered the first license.
177-The first license may not be reinstated.
178-SECTION 20. IC 14-22-14-13 IS REPEALED [EFFECTIVE JULY
179-1, 2022]. Sec. 13. A person holding a Class 1 or Class 2 license may
180-acquire another license for the purpose of merging the licenses to form
181-a Class 2 or Class 3 license as follows:
182-(1) At the time a person holding a Class 1 license acquires
183-another Class 1 license, the two (2) licenses merge and become a
184-Class 2 license.
185-(2) At the time a person holding:
186-(A) a Class 1 license acquires a Class 2 license; or
187-(B) a Class 2 license acquires a Class 1 license;
188-the two (2) licenses merge and become a Class 3 license.
189-SECTION 21. IC 14-22-14-14 IS REPEALED [EFFECTIVE JULY
190-1, 2022]. Sec. 14. A person holding a Class 1 license and a person
191-holding a Class 3 license may convert the licenses to two (2) Class 2
192-licenses.
193-SECTION 22. IC 14-22-14-15 IS REPEALED [EFFECTIVE JULY
194-1, 2022]. Sec. 15. (a) The commission may adopt rules to establish
195-procedures for the:
196-(1) transfer;
197-(2) merger; or
198-(3) exchange;
199-of commercial fishing licenses.
200-(b) The fee for processing:
201-(1) a transfer;
202-(2) a merger; or
203-(3) an exchange;
204-of a commercial fishing license under this chapter is one hundred
205-dollars ($100).
206-SECTION 23. IC 14-22-14-16 IS REPEALED [EFFECTIVE JULY
207-1, 2022]. Sec. 16. A Class 2 or Class 3 commercial fishing license may
208-HEA 1103 — Concur 6
209-be surrendered to the department in exchange for a Class 1 or Class 2
210-license. This is not considered to be the issuance of an original license.
211-SECTION 24. IC 14-22-14-17 IS REPEALED [EFFECTIVE JULY
212-1, 2022]. Sec. 17. Each boat engaged in commercial fishing must carry
213-documentation specified by rules adopted by the commission that the
214-boat is operating under the authority of a commercial fishing license.
215-SECTION 25. IC 14-22-14-18 IS REPEALED [EFFECTIVE JULY
216-1, 2022]. Sec. 18. (a) The holder of a commercial fishing license must,
217-in the manner established by rules adopted by the commission,
218-designate an individual as captain of a boat operated by the holder of
219-a commercial fishing license. A designated captain must meet the
220-following conditions:
221-(1) Be a resident of Indiana.
222-(2) Have experience as a commercial fisherman.
223-(3) Possess other qualifications established by rules adopted by
224-the commission.
225-(b) Except in an emergency, as defined under rules adopted by the
226-commission, an individual who is designated as a captain by the holder
227-of one (1) commercial fishing license may not:
228-(1) be designated as a captain by; or
229-(2) work for;
230-the holder of another commercial fishing license. Notice to the
231-department of the emergency designation of a captain must be provided
232-under rules adopted by the commission.
233-SECTION 26. IC 14-22-14-19 IS REPEALED [EFFECTIVE JULY
234-1, 2022]. Sec. 19. An individual designated as captain under section 18
235-of this chapter must be aboard each commercial fishing boat of the
236-holder of the commercial fishing license while the boat is engaged in
237-an activity related to commercial fishing.
238-SECTION 27. IC 14-22-14-20 IS REPEALED [EFFECTIVE JULY
239-1, 2022]. Sec. 20. (a) The department shall regulate commercial fishing
240-in Lake Michigan to protect the resource of fish for commercial and
241-sport fishing.
242-(b) To protect the resource of fish in Lake Michigan, the department
243-shall regulate the number of nets that may be used by persons who have
244-been issued a commercial fishing license as follows:
245-(1) Persons who have a Class 2 license are entitled to use two (2)
246-times the number of nets as persons who have a Class 1 license.
247-(2) Persons who have a Class 3 license are entitled to use three (3)
248-times the number of nets as persons who have a Class 1 license.
249-SECTION 28. IC 14-22-14-21 IS REPEALED [EFFECTIVE JULY
250-1, 2022]. Sec. 21. The commission may adopt rules to establish
251-HEA 1103 — Concur 7
252-restrictions on the following:
253-(1) Localities that may be fished.
254-(2) The kind, mesh size, and quantity of fishing gear that may be
255-used.
256-(3) The quantity of fish that may be taken.
257-(4) Other restrictions the commission considers necessary to
258-protect the fishing resource in Lake Michigan.
259-SECTION 29. IC 14-22-14-22 IS REPEALED [EFFECTIVE JULY
260-1, 2022]. Sec. 22. (a) Fish may not be taken from Lake Michigan by
261-means of a gill net.
262-(b) The commercial fishing license of a person who takes fish from
263-Lake Michigan by means of a gill net:
264-(1) terminates at the time of the violation; and
265-(2) may not be reinstated.
266-SECTION 30. IC 14-22-14-23 IS REPEALED [EFFECTIVE JULY
267-1, 2022]. Sec. 23. (a) A person who has a commercial fishing license
268-must keep accurate records of each day's catch showing the following:
269-(1) The number of pounds of each kind of fish taken.
270-(2) The locality fished.
271-(3) The kind and amount of fishing gear employed.
272-(4) The length of time each unit of gear was fished without being
273-lifted.
274-(5) Other information the commission considers to be relevant
275-under this chapter.
276-(b) Before the sixteenth day of each month, each person holding a
277-commercial fishing license shall report, under oath when requested to
278-do so, all the data for the preceding month required under subsection
279-(a) to the director upon forms furnished by the director. The reports
280-required by this section shall be made each month whether or not any
281-fish were taken during the preceding month. If no fish were taken, that
282-fact shall be noted.
283-SECTION 31. IC 14-22-14-24 IS REPEALED [EFFECTIVE JULY
284-1, 2022]. Sec. 24. A commercial fishing license is issued upon the
285-condition that the licensee agrees to make all reports to the director
286-required by the following:
287-(1) This chapter.
288-(2) Rules adopted under this chapter.
289-SECTION 32. IC 14-22-14-25 IS REPEALED [EFFECTIVE JULY
290-1, 2022]. Sec. 25. Inadvertent failure to comply with the terms of:
291-(1) a license;
292-(2) this chapter or IC 14-2-12 (before its repeal); or
293-(3) rules adopted or orders issued under:
294-HEA 1103 — Concur 8
295-(A) IC 14-2-12 (before its repeal); or
296-(B) this chapter;
297-is grounds for suspension of the license for not more than one (1) year.
298-SECTION 33. IC 14-22-14-26 IS REPEALED [EFFECTIVE JULY
299-1, 2022]. Sec. 26. (a) Knowing or intentional failure to comply with the
300-terms of:
301-(1) a license;
302-(2) this chapter or IC 14-2-12 (before its repeal); or
303-(3) rules adopted or orders issued under:
304-(A) IC 14-2-12 (before its repeal); or
305-(B) this chapter;
306-is grounds for revocation of the license.
307-(b) A license revoked under this section may not be reinstated.
308-SECTION 34. IC 14-22-14-27 IS REPEALED [EFFECTIVE JULY
309-1, 2022]. Sec. 27. (a) The director may do all things necessary to carry
310-out this chapter.
311-(b) The commission shall adopt rules under IC 4-22-2 to implement
312-this chapter.
313-SECTION 35. IC 14-22-17 IS REPEALED [EFFECTIVE JULY 1,
314-2022]. (Mussels License).
315-SECTION 36. IC 14-22-18-4 IS AMENDED TO READ AS
316-FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 4. Section 2 of this
317-chapter does not authorize a resident to fish during a free sport fishing
318-day in violation of the license requirements set forth in the following:
319-(1) IC 14-22-13.
320-(2) IC 14-22-14.
321-(3) (2) IC 14-22-15.
322-(4) (3) IC 14-22-16.
323-(5) IC 14-22-17.
324-SECTION 37. IC 14-22-20-1, AS AMENDED BY P.L.195-2017,
325-SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
326-JULY 1, 2022]: Sec. 1. (a) The owner of a hunting preserve licensed
327-under IC 15-17-14.7 is not required to obtain a game breeder's license
328-under this section.
329-(b) The owner of a cervidae livestock operation under IC 15-17-14.5
330-is not required to obtain a game breeder's license under this section.
331-(c) The department may, under rules adopted under IC 4-22-2, issue
332-to a resident of Indiana, upon the payment of a minimum fee of fifteen
333-dollars ($15), a license to:
334-(1) propagate in captivity; and
335-(2) possess, buy, or sell; for this purpose only;
336-game birds game mammals, or furbearing mammals or wild animals
337-HEA 1103 — Concur 9
338-protected by Indiana law.
339-(d) The fee in subsection (c) is subject to IC 14-22-2-10.
340-SECTION 38. IC 14-22-20-2, AS AMENDED BY P.L.151-2012,
341-SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
342-JULY 1, 2022]: Sec. 2. (a) A license issued under this chapter
343-authorizes the possession or sale of nonmigratory game birds game
344-mammals, or furbearing mammals for breeding purposes, for release,
345-or for food purposes or wild animals. An individual who:
346-(1) acquires a furbearing mammal wild animal alive, legally in
347-open season; or
348-(2) purchases the game bird or mammal wild animal from a
349-licensed game breeder;
350-may apply for a breeder's license within five (5) days after acquiring
351-the animal from the licensed game breeder or within five (5) days after
352-the last day of the open season for the animal. Otherwise, the animal
353-shall be released.
354-(b) The commission shall adopt rules under IC 4-22-2 to
355-implement this section.
356-SECTION 39. IC 14-22-20-3 IS AMENDED TO READ AS
357-FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 3. An animal raised
358-domestically by an out-of-state breeder may be imported into Indiana.
359-and sold for food purposes. A purchaser of such an animal raised
360-domestically by an out-of-state breeder must be able to show legal
361-proof of out-of-state origin for all animals possessed.
362-SECTION 40. IC 14-22-26-1 IS AMENDED TO READ AS
363-FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 1. This chapter does not
364-apply to licensed the following licenses:
365-(1) Commercial animal dealers, breeders, or exhibitors licensed
366-by the United States Department of Agriculture for species of
367-wild and exotic animals that can be possessed without a
368-permit or license from the department under this article.
369-(2) Zoological parks.
370-(3) Circuses or carnivals.
371-(4) Research facilities and universities licensed or registered
372-with the United States Department of Agriculture.
373-(5) An organization or a person temporarily housing a wild
374-animal at the request of the department.
375-SECTION 41. IC 14-22-26-2 IS AMENDED TO READ AS
376-FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 2. As used in this
377-chapter, "zoological park" means
378-(1) a permanent establishment that is a member of accredited by
379-the American Association of Zoological Parks Zoos and
380-HEA 1103 — Concur 10
381-Aquariums. or
382-(2) an agency of local government, open to and administered for
383-the public, to provide education, conservation, and preservation
384-of the earth's fauna.
385-SECTION 42. IC 14-22-26-3 IS AMENDED TO READ AS
386-FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 3. The director may
387-adopt rules under IC 4-22-2 to require and issue the following:
388-(1) A permit to possess a wild animal protected by statute or rule.
389-(2) A permit to possess a wild animal that may be harmful or
390-dangerous to plants people, or domestic animals, or wild
391-animals. A separate permit is required for each wild animal
392-described in this subdivision.
393-SECTION 43. IC 14-22-26-5 IS AMENDED TO READ AS
394-FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 5. (a) If an emergency
395-exists, the director may summarily suspend a permit issued under this
396-chapter. The director may summarily seize and hold an animal for
397-which a permit is required under this chapter, pending the outcome of
398-the proceedings under this section, if either of the following conditions
399-exist:
400-(1) A permit has not been issued to possess the animal.
401-(2) A permit has been issued to possess the animal, but the
402-director believes that an emergency exists because at least one (1)
403-of the following conditions exists:
404-(A) The animal is in a position to harm another animal.
405-(B) The life or health of the animal is in peril.
406-(b) After suspending a permit or seizing and holding an animal
407-under subsection (a), the department shall proceed as quickly as
408-feasible to provide the opportunity for completed adjudicative
409-proceedings under IC 4-21.5. The proceedings may result in the
410-revocation, temporary suspension, or modification of the permit.
411-Provision may be made for a final disposition with respect to the wild
412-animal, including confiscation of the animal. IC 4-21.5 provides the
413-exclusive remedy available to a person aggrieved by a determination
414-of the department under this section.
415-(c) The director may contract with experts in the handling of
416-animals for which a permit is required under this chapter to assist the
417-director in seizing and holding an animal under this section. A person
418-who seizes and holds an animal under a contract with the director is not
419-subject to legal action arising from the seizure or holding to the same
420-extent as if the person was an employee of the department.
421-(d) The owner of an animal seized under this section is liable for the
422-costs of seizing and holding the animal and of the proceedings under
423-HEA 1103 — Concur 11
424-this section, including a trial, if any.
425-(e) A law enforcement officer or an employee of the department
426-is not liable for the destruction of a permitted animal that escapes
427-an enclosure and poses a threat to public safety.
428-SECTION 44. IC 14-28-1-22, AS AMENDED BY P.L.21-2021,
78+1 SECTION 1. IC 14-8-2-44 IS REPEALED [EFFECTIVE JULY 1,
79+2 2022]. Sec. 44. "Commercial fishing", for purposes of IC 14-22-14, has
80+3 the meaning set forth in IC 14-22-14-1.
81+4 SECTION 2. IC 14-8-2-45 IS REPEALED [EFFECTIVE JULY 1,
82+5 2022]. Sec. 45. "Commercial fishing gear", for purposes of
83+6 IC 14-22-14, has the meaning set forth in IC 14-22-14-2.
84+7 SECTION 3. IC 14-8-2-46 IS REPEALED [EFFECTIVE JULY 1,
85+8 2022]. Sec. 46. "Commercial fishing license", for purposes of
86+9 IC 14-22-14, has the meaning set forth in IC 14-22-14-3.
87+10 SECTION 4. IC 14-8-2-138 IS REPEALED [EFFECTIVE JULY 1,
88+11 2022]. Sec. 138. "Lake Michigan", for purposes of IC 14-22-14, has the
89+12 meaning set forth in IC 14-22-14-4.
90+13 SECTION 5. IC 14-8-2-242, AS AMENDED BY P.L.148-2020,
91+14 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
92+15 JULY 1, 2022]: Sec. 242. (a) "Resident", for purposes of IC 14-22,
93+EH 1103—LS 6602/DI 139 2
94+1 except as provided in subsection (b), means a person who:
95+2 (1) is domiciled in Indiana for sixty (60) consecutive days
96+3 immediately preceding the date of the purchase of a license or
97+4 permit; and
98+5 (2) does not claim residency for hunting, fishing, or trapping in
99+6 any state other than Indiana or any country other than the United
100+7 States.
101+8 (b) "Resident", for purposes of IC 14-22-17, has the meaning set
102+9 forth in IC 14-22-17-1.
103+10 (c) (b) "Resident", for purposes of IC 14-33-24-9, has the meaning
104+11 set forth in IC 14-33-24-9(a).
105+12 SECTION 6. IC 14-11-3-4, AS AMENDED BY P.L.150-2018,
106+13 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
107+14 JULY 1, 2022]: Sec. 4. (a) Upon receiving an order from the bureau
108+15 under IC 31-25-4-32(j) or IC 31-25-4-34(e), the director shall place on
109+16 probationary status any license issued under IC 14-22-12, IC 14-22-14,
110+17 IC 14-22-16, IC 14-22-17, IC 14-22-19, IC 14-24-7, or IC 14-31-3 and
111+18 held by the person who is the subject of the order. The director shall
112+19 send the person a notice that does the following:
113+20 (1) States that the person's license has been placed on
114+21 probationary status.
115+22 (2) States that the person's license will be suspended if the
116+23 director has not received notice from the bureau under
117+24 IC 31-25-4-32(m) or IC 31-25-4-34(g) within twenty (20) days
118+25 after the date of the notice.
119+26 (3) Describes the amount of child support that the person is in
120+27 arrears.
121+28 (4) Explains the procedures to:
122+29 (A) pay the person's child support arrearage in full; and
123+30 (B) establish a payment plan with the bureau to pay the
124+31 arrearage, which must include an income withholding order
125+32 under IC 31-16-15-2 or IC 31-16-15-2.5.
126+33 (b) If the director has not received notice from the bureau under
127+34 IC 31-25-4-32(m) or IC 31-25-4-34(g) within twenty (20) days after the
128+35 date of the notice in subsection (a), the director shall suspend the
129+36 license issued to the person under IC 14-22-12, IC 14-22-14,
130+37 IC 14-22-16, IC 14-22-17, IC 14-22-19, IC 14-24-7, or IC 14-31-3.
131+38 (c) The director may not reinstate a license placed on probationary
132+39 status or suspended under this section until the director receives a
133+40 notice from the bureau under IC 31-25-4-32(m) or IC 31-25-4-34(g)
134+41 that the person has addressed the delinquency.
135+42 SECTION 7. IC 14-22-2-10, AS AMENDED BY P.L.154-2019,
136+EH 1103—LS 6602/DI 139 3
137+1 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
138+2 JULY 1, 2022]: Sec. 10. (a) Notwithstanding any law in this article, the
139+3 commission may adjust a license and permit fee, including an
140+4 application fee, in an amount that is above the minimum fee
141+5 established under the following:
142+6 (1) Section 4 of this chapter (Licenses and permits written by the
143+7 director).
144+8 (2) IC 14-22-9-10 (Aquatic vegetation control).
145+9 (3) IC 14-22-13-1 (Commercial fishing).
146+10 (4) IC 14-22-13-2 (Commercial fishing on the Ohio River).
147+11 (5) IC 14-22-13-2.5 (Roe harvester or dealer).
148+12 (6) IC 14-22-14-9 (Commercial fishing on Lake Michigan).
149+13 (7) IC 14-22-14-10 (Commercial fishing on Lake Michigan).
150+14 (8) (6) IC 14-22-15-2 (Fishing guide).
151+15 (9) (7) IC 14-22-15.5-3 (Hunting guide).
152+16 (10) (8) IC 14-22-16-1 (Bait dealer).
153+17 (11) (9) IC 14-22-19-2 (Fur buyer).
154+18 (12) (10) IC 14-22-20-1 (Game breeder).
155+19 (13) (11) IC 14-22-21-2 (Taxidermist).
156+20 (14) (12) IC 14-22-22-2 (Scientific purposes).
157+21 (15) (13) IC 14-22-23-3 (Falconry).
158+22 (16) (14) IC 14-22-24-2 (Field trials).
159+23 (17) (15) IC 14-22-25-3 (Fish and wild animal importation).
160+24 (18) (16) IC 14-22-26-4 (Wild animal possession).
161+25 (19) (17) IC 14-22-27-2 (Fish stocking).
162+26 (20) (18) IC 14-22-31-2 (Private shooting preserve).
163+27 (b) Before adopting fees under this section, the commission shall
164+28 consider the amount that is reasonably necessary to generate revenue
165+29 sufficient to offset the costs incurred in carrying out the department's
166+30 responsibilities and operating any related programs.
167+31 (c) A fee that is submitted with an application for a license or permit
168+32 listed under subsection (a) is not refundable.
169+33 SECTION 8. IC 14-22-14-1 IS REPEALED [EFFECTIVE JULY 1,
170+34 2022]. Sec. 1. As used in this chapter, "commercial fishing" means the
171+35 taking of fish by means of commercial fishing gear.
172+36 SECTION 9. IC 14-22-14-2 IS REPEALED [EFFECTIVE JULY 1,
173+37 2022]. Sec. 2. As used in this chapter, "commercial fishing gear" means
174+38 fishing equipment, including boats, nets, and other equipment, used to
175+39 take fish from Lake Michigan to sell at wholesale or retail.
176+40 SECTION 10. IC 14-22-14-3 IS REPEALED [EFFECTIVE JULY
177+41 1, 2022]. Sec. 3. As used in this chapter, "commercial fishing license"
178+42 refers to a commercial fishing license issued under this chapter.
179+EH 1103—LS 6602/DI 139 4
180+1 SECTION 11. IC 14-22-14-4 IS REPEALED [EFFECTIVE JULY
181+2 1, 2022]. Sec. 4. As used in this chapter, "Lake Michigan" refers to the
182+3 waters of Lake Michigan that are within Indiana.
183+4 SECTION 12. IC 14-22-14-5 IS AMENDED TO READ AS
184+5 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 5. A person must have
185+6 a commercial fishing license to may not take fish from the Indiana
186+7 waters of Lake Michigan with commercial fishing gear.
187+8 SECTION 13. IC 14-22-14-6 IS REPEALED [EFFECTIVE JULY
188+9 1, 2022]. Sec. 6. To be eligible to hold a commercial fishing license,
189+10 the following conditions must be met:
190+11 (1) If the person is not a corporation, all individuals comprising
191+12 the person must be residents of Indiana.
192+13 (2) If the person is a corporation, the corporation must be an
193+14 Indiana corporation and all shareholders in the corporation must
194+15 be residents of Indiana.
195+16 SECTION 14. IC 14-22-14-7 IS REPEALED [EFFECTIVE JULY
196+17 1, 2022]. Sec. 7. The department may renew a commercial fishing
197+18 license, but may not issue an original commercial fishing license.
198+19 SECTION 15. IC 14-22-14-8 IS REPEALED [EFFECTIVE JULY
199+20 1, 2022]. Sec. 8. Commercial fishing licenses are designated as
200+21 follows:
201+22 (1) Class 1.
202+23 (2) Class 2.
203+24 (3) Class 3.
204+25 SECTION 16. IC 14-22-14-9 IS REPEALED [EFFECTIVE JULY
205+26 1, 2022]. Sec. 9. (a) A commercial fishing license:
206+27 (1) expires December 31 of the year for which the license was
207+28 issued or reserved;
208+29 (2) may be renewed or reserved annually; however, if an
209+30 application to renew or reserve a license is not received by the
210+31 department before February 1 of the year following the expiration
211+32 or reserved period of the license, the license may not be renewed,
212+33 reserved, or reinstated;
213+34 (3) that is reserved is inactive and may not be used, merged,
214+35 transferred, or converted during the reserved year; and
215+36 (4) subject to IC 14-22-2-10, may be reserved for one (1) year for
216+37 a minimum fee of twenty-five dollars ($25).
217+38 (b) The department shall report annually to the natural resources
218+39 committees of the house of representatives and the senate for the
219+40 purpose of updating the status of yellow perch in Lake Michigan as it
220+41 affects sport and commercial fishing and fishermen in Indiana.
221+42 SECTION 17. IC 14-22-14-10 IS REPEALED [EFFECTIVE JULY
222+EH 1103—LS 6602/DI 139 5
223+1 1, 2022]. Sec. 10. Subject to IC 14-22-2-10, the minimum renewal fees
224+2 for commercial fishing licenses are as follows:
225+3 (1) Class 1, three thousand dollars ($3,000).
226+4 (2) Class 2, six thousand dollars ($6,000).
227+5 (3) Class 3, nine thousand dollars ($9,000).
228+6 SECTION 18. IC 14-22-14-11 IS REPEALED [EFFECTIVE JULY
229+7 1, 2022]. Sec. 11. Except as provided under section 9 of this chapter,
230+8 and subject to section 12 of this chapter, a commercial fishing license
231+9 may be transferred from one (1) person to another.
232+10 SECTION 19. IC 14-22-14-12 IS REPEALED [EFFECTIVE JULY
233+11 1, 2022]. Sec. 12. (a) Except as provided in sections 13 and 14 of this
234+12 chapter, a person may not hold or have an interest in more than one (1)
235+13 commercial fishing license.
236+14 (b) If a person having an interest in one (1) commercial fishing
237+15 license acquires an interest in a second commercial fishing license:
238+16 (1) the second license is valid; and
239+17 (2) the person is considered to have surrendered the first license.
240+18 The first license may not be reinstated.
241+19 SECTION 20. IC 14-22-14-13 IS REPEALED [EFFECTIVE JULY
242+20 1, 2022]. Sec. 13. A person holding a Class 1 or Class 2 license may
243+21 acquire another license for the purpose of merging the licenses to form
244+22 a Class 2 or Class 3 license as follows:
245+23 (1) At the time a person holding a Class 1 license acquires
246+24 another Class 1 license, the two (2) licenses merge and become a
247+25 Class 2 license.
248+26 (2) At the time a person holding:
249+27 (A) a Class 1 license acquires a Class 2 license; or
250+28 (B) a Class 2 license acquires a Class 1 license;
251+29 the two (2) licenses merge and become a Class 3 license.
252+30 SECTION 21. IC 14-22-14-14 IS REPEALED [EFFECTIVE JULY
253+31 1, 2022]. Sec. 14. A person holding a Class 1 license and a person
254+32 holding a Class 3 license may convert the licenses to two (2) Class 2
255+33 licenses.
256+34 SECTION 22. IC 14-22-14-15 IS REPEALED [EFFECTIVE JULY
257+35 1, 2022]. Sec. 15. (a) The commission may adopt rules to establish
258+36 procedures for the:
259+37 (1) transfer;
260+38 (2) merger; or
261+39 (3) exchange;
262+40 of commercial fishing licenses.
263+41 (b) The fee for processing:
264+42 (1) a transfer;
265+EH 1103—LS 6602/DI 139 6
266+1 (2) a merger; or
267+2 (3) an exchange;
268+3 of a commercial fishing license under this chapter is one hundred
269+4 dollars ($100).
270+5 SECTION 23. IC 14-22-14-16 IS REPEALED [EFFECTIVE JULY
271+6 1, 2022]. Sec. 16. A Class 2 or Class 3 commercial fishing license may
272+7 be surrendered to the department in exchange for a Class 1 or Class 2
273+8 license. This is not considered to be the issuance of an original license.
274+9 SECTION 24. IC 14-22-14-17 IS REPEALED [EFFECTIVE JULY
275+10 1, 2022]. Sec. 17. Each boat engaged in commercial fishing must carry
276+11 documentation specified by rules adopted by the commission that the
277+12 boat is operating under the authority of a commercial fishing license.
278+13 SECTION 25. IC 14-22-14-18 IS REPEALED [EFFECTIVE JULY
279+14 1, 2022]. Sec. 18. (a) The holder of a commercial fishing license must,
280+15 in the manner established by rules adopted by the commission,
281+16 designate an individual as captain of a boat operated by the holder of
282+17 a commercial fishing license. A designated captain must meet the
283+18 following conditions:
284+19 (1) Be a resident of Indiana.
285+20 (2) Have experience as a commercial fisherman.
286+21 (3) Possess other qualifications established by rules adopted by
287+22 the commission.
288+23 (b) Except in an emergency, as defined under rules adopted by the
289+24 commission, an individual who is designated as a captain by the holder
290+25 of one (1) commercial fishing license may not:
291+26 (1) be designated as a captain by; or
292+27 (2) work for;
293+28 the holder of another commercial fishing license. Notice to the
294+29 department of the emergency designation of a captain must be provided
295+30 under rules adopted by the commission.
296+31 SECTION 26. IC 14-22-14-19 IS REPEALED [EFFECTIVE JULY
297+32 1, 2022]. Sec. 19. An individual designated as captain under section 18
298+33 of this chapter must be aboard each commercial fishing boat of the
299+34 holder of the commercial fishing license while the boat is engaged in
300+35 an activity related to commercial fishing.
301+36 SECTION 27. IC 14-22-14-20 IS REPEALED [EFFECTIVE JULY
302+37 1, 2022]. Sec. 20. (a) The department shall regulate commercial fishing
303+38 in Lake Michigan to protect the resource of fish for commercial and
304+39 sport fishing.
305+40 (b) To protect the resource of fish in Lake Michigan, the department
306+41 shall regulate the number of nets that may be used by persons who have
307+42 been issued a commercial fishing license as follows:
308+EH 1103—LS 6602/DI 139 7
309+1 (1) Persons who have a Class 2 license are entitled to use two (2)
310+2 times the number of nets as persons who have a Class 1 license.
311+3 (2) Persons who have a Class 3 license are entitled to use three (3)
312+4 times the number of nets as persons who have a Class 1 license.
313+5 SECTION 28. IC 14-22-14-21 IS REPEALED [EFFECTIVE JULY
314+6 1, 2022]. Sec. 21. The commission may adopt rules to establish
315+7 restrictions on the following:
316+8 (1) Localities that may be fished.
317+9 (2) The kind, mesh size, and quantity of fishing gear that may be
318+10 used.
319+11 (3) The quantity of fish that may be taken.
320+12 (4) Other restrictions the commission considers necessary to
321+13 protect the fishing resource in Lake Michigan.
322+14 SECTION 29. IC 14-22-14-22 IS REPEALED [EFFECTIVE JULY
323+15 1, 2022]. Sec. 22. (a) Fish may not be taken from Lake Michigan by
324+16 means of a gill net.
325+17 (b) The commercial fishing license of a person who takes fish from
326+18 Lake Michigan by means of a gill net:
327+19 (1) terminates at the time of the violation; and
328+20 (2) may not be reinstated.
329+21 SECTION 30. IC 14-22-14-23 IS REPEALED [EFFECTIVE JULY
330+22 1, 2022]. Sec. 23. (a) A person who has a commercial fishing license
331+23 must keep accurate records of each day's catch showing the following:
332+24 (1) The number of pounds of each kind of fish taken.
333+25 (2) The locality fished.
334+26 (3) The kind and amount of fishing gear employed.
335+27 (4) The length of time each unit of gear was fished without being
336+28 lifted.
337+29 (5) Other information the commission considers to be relevant
338+30 under this chapter.
339+31 (b) Before the sixteenth day of each month, each person holding a
340+32 commercial fishing license shall report, under oath when requested to
341+33 do so, all the data for the preceding month required under subsection
342+34 (a) to the director upon forms furnished by the director. The reports
343+35 required by this section shall be made each month whether or not any
344+36 fish were taken during the preceding month. If no fish were taken, that
345+37 fact shall be noted.
346+38 SECTION 31. IC 14-22-14-24 IS REPEALED [EFFECTIVE JULY
347+39 1, 2022]. Sec. 24. A commercial fishing license is issued upon the
348+40 condition that the licensee agrees to make all reports to the director
349+41 required by the following:
350+42 (1) This chapter.
351+EH 1103—LS 6602/DI 139 8
352+1 (2) Rules adopted under this chapter.
353+2 SECTION 32. IC 14-22-14-25 IS REPEALED [EFFECTIVE JULY
354+3 1, 2022]. Sec. 25. Inadvertent failure to comply with the terms of:
355+4 (1) a license;
356+5 (2) this chapter or IC 14-2-12 (before its repeal); or
357+6 (3) rules adopted or orders issued under:
358+7 (A) IC 14-2-12 (before its repeal); or
359+8 (B) this chapter;
360+9 is grounds for suspension of the license for not more than one (1) year.
361+10 SECTION 33. IC 14-22-14-26 IS REPEALED [EFFECTIVE JULY
362+11 1, 2022]. Sec. 26. (a) Knowing or intentional failure to comply with the
363+12 terms of:
364+13 (1) a license;
365+14 (2) this chapter or IC 14-2-12 (before its repeal); or
366+15 (3) rules adopted or orders issued under:
367+16 (A) IC 14-2-12 (before its repeal); or
368+17 (B) this chapter;
369+18 is grounds for revocation of the license.
370+19 (b) A license revoked under this section may not be reinstated.
371+20 SECTION 34. IC 14-22-14-27 IS REPEALED [EFFECTIVE JULY
372+21 1, 2022]. Sec. 27. (a) The director may do all things necessary to carry
373+22 out this chapter.
374+23 (b) The commission shall adopt rules under IC 4-22-2 to implement
375+24 this chapter.
376+25 SECTION 35. IC 14-22-17 IS REPEALED [EFFECTIVE JULY 1,
377+26 2022]. (Mussels License).
378+27 SECTION 36. IC 14-22-18-4 IS AMENDED TO READ AS
379+28 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 4. Section 2 of this
380+29 chapter does not authorize a resident to fish during a free sport fishing
381+30 day in violation of the license requirements set forth in the following:
382+31 (1) IC 14-22-13.
383+32 (2) IC 14-22-14.
384+33 (3) (2) IC 14-22-15.
385+34 (4) (3) IC 14-22-16.
386+35 (5) IC 14-22-17.
387+36 SECTION 37. IC 14-22-20-1, AS AMENDED BY P.L.195-2017,
388+37 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
389+38 JULY 1, 2022]: Sec. 1. (a) The owner of a hunting preserve licensed
390+39 under IC 15-17-14.7 is not required to obtain a game breeder's license
391+40 under this section.
392+41 (b) The owner of a cervidae livestock operation under IC 15-17-14.5
393+42 is not required to obtain a game breeder's license under this section.
394+EH 1103—LS 6602/DI 139 9
395+1 (c) The department may, under rules adopted under IC 4-22-2, issue
396+2 to a resident of Indiana, upon the payment of a minimum fee of fifteen
397+3 dollars ($15), a license to:
398+4 (1) propagate in captivity; and
399+5 (2) possess, buy, or sell; for this purpose only;
400+6 game birds game mammals, or furbearing mammals or wild animals
401+7 protected by Indiana law.
402+8 (d) The fee in subsection (c) is subject to IC 14-22-2-10.
403+9 SECTION 38. IC 14-22-20-2, AS AMENDED BY P.L.151-2012,
404+10 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
405+11 JULY 1, 2022]: Sec. 2. (a) A license issued under this chapter
406+12 authorizes the possession or sale of nonmigratory game birds game
407+13 mammals, or furbearing mammals for breeding purposes, for release,
408+14 or for food purposes or wild animals. An individual who:
409+15 (1) acquires a furbearing mammal wild animal alive, legally in
410+16 open season; or
411+17 (2) purchases the game bird or mammal wild animal from a
412+18 licensed game breeder;
413+19 may apply for a breeder's license within five (5) days after acquiring
414+20 the animal from the licensed game breeder or within five (5) days after
415+21 the last day of the open season for the animal. Otherwise, the animal
416+22 shall be released.
417+23 (b) The commission shall adopt rules under IC 4-22-2 to
418+24 implement this section.
419+25 SECTION 39. IC 14-22-20-3 IS AMENDED TO READ AS
420+26 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 3. An animal raised
421+27 domestically by an out-of-state breeder may be imported into Indiana.
422+28 and sold for food purposes. A purchaser of such an animal raised
423+29 domestically by an out-of-state breeder must be able to show legal
424+30 proof of out-of-state origin for all animals possessed.
425+31 SECTION 40. IC 14-22-26-1 IS AMENDED TO READ AS
426+32 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 1. This chapter does not
427+33 apply to licensed the following licenses:
428+34 (1) Commercial animal dealers, breeders, or exhibitors licensed
429+35 by the United States Department of Agriculture for species of
430+36 wild and exotic animals that can be possessed without a
431+37 permit or license from the department under this article.
432+38 (2) Zoological parks.
433+39 (3) Circuses or carnivals.
434+40 (4) Research facilities and universities licensed or registered
435+41 with the United States Department of Agriculture.
436+42 (5) An organization or a person temporarily housing a wild
437+EH 1103—LS 6602/DI 139 10
438+1 animal at the request of the department.
439+2 SECTION 41. IC 14-22-26-2 IS AMENDED TO READ AS
440+3 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 2. As used in this
441+4 chapter, "zoological park" means
442+5 (1) a permanent establishment that is a member of accredited by
443+6 the American Association of Zoological Parks Zoos and
444+7 Aquariums. or
445+8 (2) an agency of local government, open to and administered for
446+9 the public, to provide education, conservation, and preservation
447+10 of the earth's fauna.
448+11 SECTION 42. IC 14-22-26-3 IS AMENDED TO READ AS
449+12 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 3. The director may
450+13 adopt rules under IC 4-22-2 to require and issue the following:
451+14 (1) A permit to possess a wild animal protected by statute or rule.
452+15 (2) A permit to possess a wild animal that may be harmful or
453+16 dangerous to plants people, or domestic animals, or wild
454+17 animals. A separate permit is required for each wild animal
455+18 described in this subdivision.
456+19 SECTION 43. IC 14-22-26-5 IS AMENDED TO READ AS
457+20 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 5. (a) If an emergency
458+21 exists, the director may summarily suspend a permit issued under this
459+22 chapter. The director may summarily seize and hold an animal for
460+23 which a permit is required under this chapter, pending the outcome of
461+24 the proceedings under this section, if either of the following conditions
462+25 exist:
463+26 (1) A permit has not been issued to possess the animal.
464+27 (2) A permit has been issued to possess the animal, but the
465+28 director believes that an emergency exists because at least one (1)
466+29 of the following conditions exists:
467+30 (A) The animal is in a position to harm another animal.
468+31 (B) The life or health of the animal is in peril.
469+32 (b) After suspending a permit or seizing and holding an animal
470+33 under subsection (a), the department shall proceed as quickly as
471+34 feasible to provide the opportunity for completed adjudicative
472+35 proceedings under IC 4-21.5. The proceedings may result in the
473+36 revocation, temporary suspension, or modification of the permit.
474+37 Provision may be made for a final disposition with respect to the wild
475+38 animal, including confiscation of the animal. IC 4-21.5 provides the
476+39 exclusive remedy available to a person aggrieved by a determination
477+40 of the department under this section.
478+41 (c) The director may contract with experts in the handling of
479+42 animals for which a permit is required under this chapter to assist the
480+EH 1103—LS 6602/DI 139 11
481+1 director in seizing and holding an animal under this section. A person
482+2 who seizes and holds an animal under a contract with the director is not
483+3 subject to legal action arising from the seizure or holding to the same
484+4 extent as if the person was an employee of the department.
485+5 (d) The owner of an animal seized under this section is liable for the
486+6 costs of seizing and holding the animal and of the proceedings under
487+7 this section, including a trial, if any.
488+8 (e) A law enforcement officer or an employee of the department
489+9 is not liable for the destruction of a permitted animal that escapes
490+10 an enclosure and poses a threat to public safety.
491+11 SECTION 44. IC 14-28-1-22, AS AMENDED BY P.L.21-2021,
492+12 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
493+13 JULY 1, 2022]: Sec. 22. (a) As used in subsection (b)(1) with respect
494+14 to a stream, "total length" means the length of the stream, expressed in
495+15 miles, from the confluence of the stream with the receiving stream to
496+16 the upstream or headward extremity of the stream, as indicated by the
497+17 solid or dashed, blue or purple line depicting the stream on the most
498+18 current edition of the seven and one-half (7 1/2) minute topographic
499+19 quadrangle map published by the United States Geological Survey,
500+20 measured along the meanders of the stream as depicted on the map.
501+21 (b) This section does not apply to the following:
502+22 (1) A reconstruction or maintenance project (as defined in
503+23 IC 36-9-27) on a stream or an open regulated drain if the total
504+24 length of the stream or open drain is not more than ten (10) miles.
505+25 (2) A construction or reconstruction project on a state or county
506+26 highway bridge in a rural area that crosses a stream having an
507+27 upstream drainage area of not more than fifty (50) square miles
508+28 and the relocation of utility lines associated with the construction
509+29 or reconstruction project if confined to an area not more than one
510+30 hundred (100) feet from the limits of the highway construction
511+31 right-of-way.
512+32 (3) The performance of an activity described in subsection (c)(1)
513+33 or (c)(2) by a surface coal mining operation that is operated under
514+34 a permit issued under IC 14-34.
515+35 (4) Any other activity that is determined by the commission,
516+36 according to rules adopted under IC 4-22-2, to pose not more than
517+37 a minimal threat to floodway areas.
518+38 (5) An activity in a boundary river floodway to which section 26.5
519+39 of this chapter applies.
520+40 (6) The removal of a logjam or mass of wood debris that has
521+41 accumulated in a river or stream, subject to the following
522+42 conditions:
523+EH 1103—LS 6602/DI 139 12
524+1 (A) Work must not be within a salmonid stream designated
525+2 under 327 IAC 2-1.5-5 without the prior written approval of
526+3 the department's division of fish and wildlife.
527+4 (B) Work must not be within a natural, scenic, or recreational
528+5 river or stream designated under 312 IAC 7-2.
529+6 (C) Except as otherwise provided in Indiana law, free logs or
530+7 affixed logs that are crossways in the channel must be cut,
531+8 relocated, and removed from the floodplain. Logs may be
532+9 maintained in the floodplain if properly anchored or otherwise
533+10 secured so as to resist flotation or dislodging by the flow of
534+11 water and placement in an area that is not a wetland. Logs
535+12 must be removed and secured with a minimum of damage to
536+13 vegetation.
537+14 (D) Isolated or single logs that are embedded, lodged, or
538+15 rooted in the channel, and that do not span the channel or
539+16 cause flow problems, must not be removed unless the logs are
540+17 either of the following:
541+18 (i) Associated with or in close proximity to larger
542+19 obstructions.
543+20 (ii) Posing a hazard to agriculture, business, navigation, or
544+21 property.
545+22 (E) A leaning or severely damaged tree that is in immediate
546+23 danger of falling into the waterway may be cut and removed.
547+24 if the tree is associated with or in close proximity to an
548+25 obstruction. The root system and stump of the tree must be left
549+26 in place.
550+27 (F) To the extent practicable, the construction of access roads
551+28 must be minimized, and should not result in the elevation of
552+29 the floodplain.
553+30 (G) To the extent practicable, work should be performed
554+31 exclusively from one (1) side of a waterway. Crossing the bed
555+32 of a waterway is prohibited.
556+33 (H) To prevent the flow of sediment laden water back into the
557+34 waterway, appropriate sediment control measures must be
558+35 installed.
559+36 (I) Within fifteen (15) days, all bare and disturbed areas must
560+37 be revegetated with a mixture of grasses and legumes. Tall
561+38 fescue must not be used under this subdivision, except that low
562+39 endophyte tall fescue may be used in the bottom of the
563+40 waterway and on side slopes.
564+41 (c) A person who desires to:
565+42 (1) erect, make, use, or maintain a structure, an obstruction, a
566+EH 1103—LS 6602/DI 139 13
567+1 deposit, or an excavation; or
568+2 (2) suffer or permit a structure, an obstruction, a deposit, or an
569+3 excavation to be erected, made, used, or maintained;
570+4 in or on a floodway must file with the director a verified written
571+5 application for a permit accompanied by a nonrefundable minimum fee
572+6 of two hundred dollars ($200).
573+7 (d) The application for a permit must set forth the material facts
574+8 together with plans and specifications for the structure, obstruction,
575+9 deposit, or excavation.
576+10 (e) An applicant must receive a permit from the director for the
577+11 work before beginning construction. The director shall issue a permit
578+12 only if in the opinion of the director the applicant has clearly proven
579+13 that the structure, obstruction, deposit, or excavation will not do any of
580+14 the following:
581+15 (1) Adversely affect the efficiency of or unduly restrict the
582+16 capacity of the floodway.
583+17 (2) Constitute an unreasonable hazard to the safety of life or
584+18 property.
585+19 (3) Result in unreasonably detrimental effects upon fish, wildlife,
586+20 or botanical resources.
587+21 (f) In deciding whether to issue a permit under this section, the
588+22 director shall consider the cumulative effects of the structure,
589+23 obstruction, deposit, or excavation. The director may incorporate in and
590+24 make a part of an order of authorization conditions and restrictions that
591+25 the director considers necessary for the purposes of this chapter.
592+26 (g) A permit issued under this section:
593+27 (1) is valid for two (2) years after the issuance of the permit;
594+28 (2) to:
595+29 (A) the Indiana department of transportation or a county
596+30 highway department if there is any federal funding for the
597+31 project; or
598+32 (B) an electric utility for the construction of a power
599+33 generating facility;
600+34 is valid for five (5) years from the date of issuance; and
601+35 (3) is valid for the duration of a permitted project subject to
602+36 periodic compliance evaluations for a quarrying or aggregate
603+37 company for the excavation of industrial materials, including:
604+38 (A) clay and shale;
605+39 (B) crushed limestone and dolostone;
606+40 (C) dimension limestone;
607+41 (D) dimension sandstone;
608+42 (E) gypsum;
609+EH 1103—LS 6602/DI 139 14
610+1 (F) peat;
611+2 (G) construction sand and gravel; and
612+3 (H) industrial sand.
613+4 However, a permit issued under this section expires if construction is
614+5 not commenced within two (2) years after the permit is issued. Except
615+6 as provided under section 22.1 of this chapter, a permit that is active
616+7 and was issued under subdivision (1) before July 1, 2014, is valid for
617+8 two (2) years beginning July 2014, and a permit that is active and was
618+9 issued under subdivision (2) before July 1, 2014, is valid for five (5)
619+10 years beginning July 2014.
620+11 (h) The holder of a permit issued under subsection (g)(3) shall
621+12 notify the commission within six (6) months of completing the
622+13 permitted project.
623+14 (i) A permit issued under:
624+15 (1) subsection (g)(1) may be renewed one (1) time for a period not
625+16 to exceed two (2) additional years; and
626+17 (2) subsection (g)(2) may be renewed one (1) time for a period not
627+18 to exceed five (5) additional years.
628+19 (j) The director shall send a copy of each permit issued under this
629+20 section to each river basin commission organized under:
630+21 (1) IC 14-29-7 or IC 13-2-27 (before its repeal); or
631+22 (2) IC 14-13-9, IC 14-30-1 (before its repeal), or IC 36-7-6
632+23 (before its repeal);
633+24 that is affected.
634+25 (k) The permit holder shall post and maintain a permit issued under
635+26 this section at the authorized site.
636+27 (l) For the purposes of this chapter, the lowest floor of a building,
637+28 including a residence or abode, that is to be constructed or
638+29 reconstructed in the one hundred (100) year floodplain of an area
639+30 protected by a levee that is:
640+31 (1) inspected; and
641+32 (2) found to be in good or excellent condition;
642+33 by the United States Army Corps of Engineers shall not be lower than
643+34 the one hundred (100) year frequency flood elevation plus one (1) foot.
644+35 SECTION 45. IC 14-28-1-23, AS AMENDED BY P.L.90-2020,
645+36 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
646+37 JULY 1, 2022]: Sec. 23. (a) The director may remove or eliminate a
647+38 structure, an obstruction, a deposit, or an excavation in a floodway that:
648+39 (1) adversely affects the efficiency of or unduly restricts the
649+40 capacity of the floodway;
650+41 (2) constitutes an unreasonable hazard to the safety of life or
651+42 property; or
652+EH 1103—LS 6602/DI 139 15
653+1 (3) is unreasonably detrimental to fish, wildlife, or botanical
654+2 resources;
655+3 by an action in condemnation.
656+4 (b) In assessing the damages in the proceedings, the appraisers and
657+5 the court shall take into consideration whether the structure,
658+6 obstruction, deposit, or excavation is legally in or on the floodway.
659+7 (c) Beginning January 1, 2020, January 1, 2022, the director shall
660+8 not exercise the authority under subsection (a) to remove or eliminate
661+9 an abode or residence from a floodway if:
662+10 (1) the abode or residence was constructed before January 1,
663+11 2020; January 1, 2022;
664+12 (2) the owner of the abode or residence has taken necessary
665+13 measures to elevate the lowest floor of the abode or residence, as
666+14 reconstructed, including the basement, to at least two (2) feet
667+15 above the one hundred (100) year flood elevation within two (2)
668+16 years after receiving notification from the department concerning
669+17 the abode or residence; and
670+18 (3) the owner of the abode or residence has taken necessary
671+19 measures to comply with all applicable local, state, and federal
672+20 floodway regulations.
673+21 SECTION 46. IC 14-28-1-39 IS ADDED TO THE INDIANA
674+22 CODE AS A NEW SECTION TO READ AS FOLLOWS
675+23 [EFFECTIVE JULY 1, 2022]: Sec. 39. (a) Before July 1, 2023, the
676+24 department shall adopt a license for the following activities in a
677+25 floodway:
678+26 (1) Removal of trees.
679+27 (2) Channel maintenance.
680+28 (3) Bank reconstruction, repair, and stabilization.
681+29 (b) This section expires July 1, 2024.
682+30 SECTION 47. IC 14-28-1-40 IS ADDED TO THE INDIANA
683+31 CODE AS A NEW SECTION TO READ AS FOLLOWS
684+32 [EFFECTIVE JULY 1, 2022]: Sec. 40. A local floodplain
685+33 administrator shall utilize the best floodplain mapping data
686+34 available as provided by the department and located on the
687+35 Indiana Floodplain Information Portal when reviewing a permit
688+36 application for a structure or a construction activity in, or near, a
689+37 floodplain.
690+38 SECTION 48. IC 14-34-4-5 IS AMENDED TO READ AS
691+39 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 5. (a) If written
692+40 objections are filed and an informal conference or a public hearing is
693+41 requested, the director shall hold the conference or public hearing in
694+42 the locality of the proposed surface coal mining operation within a
695+EH 1103—LS 6602/DI 139 16
696+1 reasonable time of receipt of the objections or request. The director
697+2 shall advertise in a newspaper of general circulation in the county in
698+3 which the proposed surface coal mining operation is located at least
699+4 two (2) weeks before the scheduled conference or public hearing the
700+5 date, time, and location of the conference or public hearing.
701+6 (b) The director may arrange with the applicant, upon request by
702+7 any party to the administrative proceeding, access to the proposed
703+8 mining area for the purpose of gathering information relevant to the
704+9 proceeding.
705+10 (c) An electronic or a stenographic record shall be made of the
706+11 conference or public hearing. unless waived by all parties. The director
707+12 shall maintain the record and have the record accessible to the parties
708+13 until final release of the applicant's performance bond.
709+14 (d) The director may not hold the conference or public hearing if
710+15 any of the following conditions exist:
711+16 (1) All parties requesting the conference or public hearing
712+17 stipulate agreement before the conference or public hearing and
713+18 withdraw their request.
714+19 (2) The request fails to comply with the requirements of section
715+20 4 of this chapter.
716+21 (3) The objections do not concern a matter within the scope of
717+22 this article or the commission's rules.
718+23 SECTION 49. IC 25-36.5-1-2.1 IS ADDED TO THE INDIANA
719+24 CODE AS A NEW SECTION TO READ AS FOLLOWS
720+25 [EFFECTIVE JULY 1, 2022]: Sec. 2.1. (a) A contract to purchase
721+26 timber must be in writing pursuant to:
722+27 (1) the Uniform Commercial Code (IC 26-1); and
723+28 (2) the rules adopted by the department.
724+29 (b) No person shall engage in the purchase of timber with a
725+30 timber grower without a written contract as described in
726+31 subsection (a).
727+32 (c) Each timber purchase without a written contract constitutes
728+33 a separate and distinct violation under this chapter.
729+34 (d) Failure to have a written contract to purchase timber does
730+35 not limit the remedies available to a timber grower under this
731+36 chapter.
732+37 SECTION 50. IC 25-36.5-1-3.2, AS AMENDED BY P.L.57-2013,
733+38 SECTION 86, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
734+39 JULY 1, 2022]: Sec. 3.2. (a) This section refers to an adjudicative
735+40 proceeding against:
736+41 (1) a timber buyer; or
737+42 (2) a person who cuts timber but is not a timber buyer (referred to
738+EH 1103—LS 6602/DI 139 17
739+1 as a "timber cutter" in this section).
740+2 (b) The department may under IC 4-21.5-3-8 commence a
741+3 proceeding against a timber buyer or a timber cutter if there is reason
742+4 to believe that:
743+5 (1) the timber buyer or timber cutter has acquired timber from a
744+6 timber grower under a written contract for the sale of the timber
745+7 without payment having been made to the timber grower as
746+8 specified in the contract; or
747+9 (2) if:
748+10 (A) there is no written contract for the sale of the timber; or
749+11 (B) there is a written contract for the sale of the timber but the
750+12 contract does not set forth the purchase price for the timber;
751+13 the timber buyer or timber cutter has cut timber or acquired
752+14 timber from the timber grower without payment having been
753+15 made to the timber grower equal to the value of the timber as
754+16 determined under IC 26-1-2.
755+17 (c) A proceeding may be commenced under this section at the
756+18 request of a timber grower.
757+19 (d) The necessary parties to a proceeding initiated under this section
758+20 are:
759+21 (1) the timber grower; and
760+22 (2) the timber buyer or timber cutter.
761+23 (e) After the commencement of a proceeding under this section
762+24 through the service of a complaint under IC 4-21.5-3-8, a party to the
763+25 proceeding may move for the joinder of any of the following persons
764+26 having a relationship to the site or subject of the complaint:
765+27 (1) The surety of the timber buyer.
766+28 (2) A timber buyer.
767+29 (3) A timber cutter.
768+30 (4) A landowner.
769+31 (5) An owner of land adjacent to the land from which the timber
770+32 was cut.
771+33 (6) A consultant receiving a fee for services related to the timber.
772+34 (7) A professional surveyor performing an American Land Title
773+35 Association and American Congress on Surveying and Mapping
774+36 (ALTA/ACSM) land title survey.
775+37 (8) The department of natural resources, if the department has a
776+38 relationship to the site or subject of the complaint as a landowner
777+39 or owner of adjacent land.
778+40 (f) The complaint served under IC 4-21.5-3-8 to commence a
779+41 proceeding under this section may seek the following:
780+42 (1) Damages in compensation for damage actually resulting from
781+EH 1103—LS 6602/DI 139 18
782+1 the wrongful activities of a timber buyer or timber cutter.
783+2 (2) Damages equal to three (3) times the stumpage value of any
784+3 timber that is wrongfully cut or appropriated without payment.
785+4 (3) Damages for costs associated with a claim or action,
786+5 including attorney's fees.
787+6 (4) Damages specified by a contract between a timber grower
788+7 and a timber buyer.
789+8 (g) Notwithstanding subsection (f), the liability on the surety bond
790+9 of a timber cutter is limited to the value of any timber wrongfully cut
791+10 or appropriated.
792+11 (h) A proceeding under this section is governed by IC 4-21.5.
793+12 Before a hearing is convened in the proceeding, a prehearing
794+13 conference shall be conducted to provide the parties with an
795+14 opportunity for settlement, including an opportunity for mediation.
796+15 (i) In determining the site for a hearing in a proceeding under this
797+16 section, the administrative law judge shall consider the convenience of
798+17 the parties.
799+18 (j) A final agency action in a proceeding under this section must
800+19 address all issues of damage and responsibility and, after the
801+20 completion of the opportunity for judicial review, may be enforced in
802+21 a civil proceeding as a judgment.
803+22 SECTION 51. IC 25-36.5-1-4 IS AMENDED TO READ AS
804+23 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 4. It The following
805+24 shall be unlawful and a violation of this chapter:
806+25 (a) For any timber buyer to fail to pay, as agreed, for any timber
807+26 purchased.
808+27 (b) For any timber buyer to cut or cause to be cut or appropriate any
809+28 timber not purchased.
810+29 (c) For a timber buyer to willfully make any false statement in
811+30 connection with the application, bond or other information required to
812+31 be given to the department or a timber grower.
813+32 (d) For a timber buyer to fail to honestly account to the timber
814+33 grower or the department for timber purchased or cut if the buyer is
815+34 under a duty to do so. and
816+35 (e) For a timber buyer to commit any fraudulent act in connection
817+36 with the purchase or cutting of timber.
818+37 (f) For a timber buyer to violate a provision of this chapter or
819+38 a rule of the department adopted under this chapter.
820+39 SECTION 52. IC 25-36.5-1-4.9 IS AMENDED TO READ AS
821+40 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 4.9. The director may
822+41 refuse to issue a timber buyer registration certificate to an applicant
823+42 that has:
824+EH 1103—LS 6602/DI 139 19
825+1 (1) been convicted of a felony;
826+2 (2) violated a provision of this chapter; or
827+3 (3) violated a rule adopted by the department under this chapter;
828+4 or
829+5 (4) an active or pending suspension of a timber buyer license
830+6 under section 16 of this chapter.
831+7 SECTION 53. IC 25-36.5-1-8 IS AMENDED TO READ AS
832+8 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 8. (a) The department
833+9 may inspect the premises used by any timber buyer in the conduct of
834+10 his the timber buyer's business at any reasonable time and the books,
835+11 accounts, records and papers of every such timber buyer shall at all
836+12 times during business hours be subject to inspection by the department.
837+13 (b) A timber buyer shall keep complete and accurate records
838+14 and accounts for each transaction. The timber buyer shall retain
839+15 records and accounts for not less than five (5) years after a
840+16 transaction.
841+17 (c) The information obtained under this section is exempt under
842+18 IC 5-14-3-4(a)(1). Unless otherwise required by judicial order, the
843+19 information obtained under this section may be disclosed only to
844+20 the director, the director's designee, or a timber grower.
845+21 SECTION 54. IC 25-36.5-1-16 IS AMENDED TO READ AS
846+22 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 16. (a) The director
847+23 may revoke, or suspend, deny, or refuse to issue any license or agent's
848+24 registration under that license if the applicant or holder of that license
849+25 has:
850+26 (1) been convicted of a felony;
851+27 (2) violated any provision of this chapter; or
852+28 (3) violated any rule or regulation of the department promulgated
853+29 under this chapter.
854+30 Revocation or suspension of a license or an agent's registration shall be
855+31 determined by the director after an administrative hearing as provided
856+32 in section 12 of this chapter. subsection (d).
857+33 (b) The director may suspend a license for not more than ninety
858+34 (90) days before a final adjudication if the director finds that the
859+35 holder of a timber buyer's license poses a clear and immediate
860+36 danger to public health, safety, or property if allowed to continue
861+37 to operate.
862+38 (c) The director may renew a suspension under subsection (b)
863+39 for a period of not more than ninety (90) days. There is no limit to
864+40 the number of times the director may renew a suspension.
865+41 (d) A proceeding under this chapter to revoke, suspend, deny,
866+42 or refuse to issue a license shall be conducted in the manner
867+EH 1103—LS 6602/DI 139 20
868+1 prescribed by IC 4-21.5-3.
869+2 SECTION 55. IC 31-25-4-32, AS AMENDED BY P.L.150-2018,
870+3 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
871+4 JULY 1, 2022]: Sec. 32. (a) When the Title IV-D agency finds that an
872+5 obligor is delinquent, the Title IV-D agency shall send, to a verified
873+6 address, a notice to the obligor that does the following:
874+7 (1) Specifies that the obligor is delinquent.
875+8 (2) Describes the amount of child support that the obligor is in
876+9 arrears.
877+10 (3) States that unless the obligor:
878+11 (A) pays the obligor's child support arrearage in full;
879+12 (B) establishes a payment plan with the Title IV-D agency to
880+13 pay the arrearage, which includes an income withholding
881+14 order; or
882+15 (C) requests a hearing under section 33 of this chapter;
883+16 within twenty (20) days after the date the notice is mailed, the
884+17 Title IV-D agency shall issue an order to the bureau of motor
885+18 vehicles stating that the obligor is delinquent and that the
886+19 obligor's driving privileges shall be suspended.
887+20 (4) Explains that the obligor has twenty (20) days after the notice
888+21 is mailed to do one (1) of the following:
889+22 (A) Pay the obligor's child support arrearage in full.
890+23 (B) Establish a payment plan with the Title IV-D agency to
891+24 pay the arrearage, which includes an income withholding order
892+25 under IC 31-16-15-2 or IC 31-16-15-2.5.
893+26 (C) Request a hearing under section 33 of this chapter.
894+27 (5) Explains that if the obligor has not satisfied any of the
895+28 requirements of subdivision (4) not later than twenty (20) days
896+29 after the notice is mailed, that the Title IV-D agency shall issue a
897+30 notice to:
898+31 (A) the board or department that regulates the obligor's
899+32 profession or occupation, if any, that the obligor is delinquent
900+33 and that the obligor may be subject to sanctions under
901+34 IC 25-1-1.2, including suspension or revocation of the
902+35 obligor's professional or occupational license;
903+36 (B) the supreme court disciplinary commission if the obligor
904+37 is licensed to practice law;
905+38 (C) the department of education established by IC 20-19-3-1
906+39 if the obligor is a licensed teacher;
907+40 (D) the Indiana horse racing commission if the obligor holds
908+41 or applies for a license issued under IC 4-31-6;
909+42 (E) the Indiana gaming commission if the obligor holds or
910+EH 1103—LS 6602/DI 139 21
911+1 applies for a license issued under IC 4-33 and IC 4-35;
912+2 (F) the commissioner of the department of insurance if the
913+3 obligor holds or is an applicant for a license issued under
914+4 IC 27-1-15.6, IC 27-1-15.8, or IC 27-10-3;
915+5 (G) the director of the department of natural resources if the
916+6 obligor holds or is an applicant for a license issued by the
917+7 department of natural resources under:
918+8 (i) IC 14-22-12 (fishing, hunting, and trapping licenses);
919+9 (ii) IC 14-22-14 (Lake Michigan commercial fishing
920+10 license);
921+11 (iii) (ii) IC 14-22-16 (bait dealer's license);
922+12 (iv) IC 14-22-17 (mussel license);
923+13 (v) (iii) IC 14-22-19 (fur buyer's license);
924+14 (vi) (iv) IC 14-24-7 (nursery dealer's license); or
925+15 (vii) (v) IC 14-31-3 (ginseng dealer's license); or
926+16 (H) the alcohol and tobacco commission if the obligor holds or
927+17 applies for an employee's permit under IC 7.1-3-18-9(a)(3).
928+18 (6) Explains that the only basis for contesting the issuance of an
929+19 order under subdivision (3) or (5) is a mistake of fact.
930+20 (7) Explains that an obligor may contest the Title IV-D agency's
931+21 determination to issue an order under subdivision (3) or (5) by
932+22 making written application to the Title IV-D agency not later than
933+23 twenty (20) days after the date the notice is mailed.
934+24 (8) Explains the procedures to:
935+25 (A) pay the obligor's child support arrearage in full; and
936+26 (B) establish a payment plan with the Title IV-D agency to pay
937+27 the arrearage, which must include an income withholding
938+28 order under IC 31-16-15-2 or IC 31-16-15-2.5.
939+29 (b) Whenever the Title IV-D agency finds that an obligor is
940+30 delinquent and has failed to:
941+31 (1) pay the obligor's child support arrearage in full;
942+32 (2) establish a payment plan with the Title IV-D agency to pay the
943+33 arrearage, which includes an income withholding order under
944+34 IC 31-16-15-2 or IC 31-16-15-2.5; or
945+35 (3) request a hearing under section 33 of this chapter not later
946+36 than twenty (20) days after the date the notice described in
947+37 subsection (a) is mailed;
948+38 the Title IV-D agency shall issue an order to the bureau of motor
949+39 vehicles stating that the obligor is delinquent.
950+40 (c) An order issued under subsection (b) must require the following:
951+41 (1) If the obligor who is the subject of the order holds a driving
952+42 license or permit on the date the order is issued, that the driving
953+EH 1103—LS 6602/DI 139 22
954+1 privileges of the obligor be suspended until further order of the
955+2 Title IV-D agency.
956+3 (2) If the obligor who is the subject of the order does not hold a
957+4 driving license or permit on the date the order is issued, that the
958+5 bureau of motor vehicles may not issue a driving license or permit
959+6 to the obligor until the bureau of motor vehicles receives a further
960+7 order from the Title IV-D agency.
961+8 (d) The Title IV-D agency shall provide the:
962+9 (1) full name;
963+10 (2) date of birth;
964+11 (3) verified address; and
965+12 (4) Social Security number or driving license number;
966+13 of the obligor to the bureau of motor vehicles.
967+14 (e) Whenever the Title IV-D agency finds that an obligor who is an
968+15 applicant (as defined in IC 25-1-1.2-1) or a practitioner (as defined in
969+16 IC 25-1-1.2-6) is delinquent and the applicant or practitioner has failed
970+17 to:
971+18 (1) pay the obligor's child support arrearage in full;
972+19 (2) establish a payment plan with the Title IV-D agency to pay the
973+20 arrearage, which includes an income withholding order under
974+21 IC 31-16-15-2 or IC 31-16-15-2.5; or
975+22 (3) request a hearing under section 33 of this chapter;
976+23 the Title IV-D agency shall issue an order to the board regulating the
977+24 practice of the obligor's profession or occupation stating that the
978+25 obligor is delinquent.
979+26 (f) An order issued under subsection (e) must direct the board or
980+27 department regulating the obligor's profession or occupation to impose
981+28 the appropriate sanctions described under IC 25-1-1.2.
982+29 (g) Whenever the Title IV-D agency finds that an obligor who is an
983+30 attorney or a licensed teacher is delinquent and the attorney or licensed
984+31 teacher has failed to:
985+32 (1) pay the obligor's child support arrearage in full;
986+33 (2) establish a payment plan with the Title IV-D agency to pay the
987+34 arrearage, which includes an income withholding order under
988+35 IC 31-16-15-2 or IC 31-16-15-2.5; or
989+36 (3) request a hearing under section 33 of this chapter;
990+37 the Title IV-D agency shall notify the supreme court disciplinary
991+38 commission if the obligor is an attorney, or the department of education
992+39 if the obligor is a licensed teacher, that the obligor is delinquent.
993+40 (h) Whenever the Title IV-D agency finds that an obligor who holds
994+41 a license issued under IC 4-31-6, IC 4-33, or IC 4-35 has failed to:
995+42 (1) pay the obligor's child support arrearage in full;
996+EH 1103—LS 6602/DI 139 23
997+1 (2) establish a payment plan with the Title IV-D agency to pay the
998+2 arrearage, which includes an income withholding order under
999+3 IC 31-16-15-2 or IC 31-16-15-2.5; or
1000+4 (3) request a hearing under section 33 of this chapter;
1001+5 the Title IV-D agency shall issue an order to the Indiana horse racing
1002+6 commission if the obligor holds a license issued under IC 4-31-6, or to
1003+7 the Indiana gaming commission if the obligor holds a license issued
1004+8 under IC 4-33 or IC 4-35, stating that the obligor is delinquent and
1005+9 directing the commission to impose the appropriate sanctions described
1006+10 in IC 4-31-6-11, IC 4-33-8.5-3, or IC 4-35-6.7-2.
1007+11 (i) Whenever the Title IV-D agency finds that an obligor who holds
1008+12 a license issued under IC 27-1-15.6, IC 27-1-15.8, or IC 27-10-3 has
1009+13 failed to:
1010+14 (1) pay the obligor's child support arrearage in full;
1011+15 (2) establish a payment plan with the Title IV-D agency to pay the
1012+16 arrearage, which includes an income withholding order under
1013+17 IC 31-16-15-2 or IC 31-16-15-2.5; or
1014+18 (3) request a hearing under section 33 of this chapter;
1015+19 the Title IV-D agency shall issue an order to the commissioner of the
1016+20 department of insurance stating that the obligor is delinquent and
1017+21 directing the commissioner to impose the appropriate sanctions
1018+22 described in IC 27-1-15.6-29 or IC 27-10-3-20.
1019+23 (j) Whenever the Title IV-D agency finds that an obligor who holds
1020+24 a license issued by the department of natural resources under
1021+25 IC 14-22-12, IC 14-22-14, IC 14-22-16, IC 14-22-17, IC 14-22-19,
1022+26 IC 14-24-7, or IC 14-31-3 has failed to:
1023+27 (1) pay the obligor's child support arrearage in full;
1024+28 (2) establish a payment plan with the Title IV-D agency to pay the
1025+29 arrearage, which includes an income withholding order under
1026+30 IC 31-16-15-2 or IC 31-16-15-2.5; or
1027+31 (3) request a hearing under section 33 of this chapter;
1028+32 the Title IV-D agency shall issue an order to the director of the
1029+33 department of natural resources stating that the obligor is delinquent
1030+34 and directing the director to suspend or revoke a license issued to the
1031+35 obligor by the department of natural resources as provided in
1032+36 IC 14-11-3.
1033+37 (k) If the Title IV-D agency finds that an obligor who holds an
1034+38 employee's permit issued under IC 7.1-3-18-9(a)(3) has failed to:
1035+39 (1) pay the obligor's child support arrearage in full;
1036+40 (2) establish a payment plan with the Title IV-D agency to pay the
1037+41 arrearage, which includes an income withholding order under
1038+42 IC 31-16-15-2 or IC 31-16-15-2.5; or
1039+EH 1103—LS 6602/DI 139 24
1040+1 (3) request a hearing under section 33 of this chapter;
1041+2 the Title IV-D agency shall issue an order to the alcohol and tobacco
1042+3 commission stating that the obligor is delinquent and directing the
1043+4 alcohol and tobacco commission to impose the appropriate sanctions
1044+5 under IC 7.1-3-23-44.
1045+6 (l) A person's most recent address on file with the bureau constitutes
1046+7 a verified address for purposes of this section.
1047+8 (m) When an obligor who was the subject of an order issued by the
1048+9 Title IV-D agency under subsection (b), (e), (g), (h), (i), (j), or (k) has:
1049+10 (1) paid the obligor's child support arrearage in full; or
1050+11 (2) established a payment plan with the Title IV-D agency to pay
1051+12 the arrearage, which includes an income withholding order under
1052+13 IC 31-16-15-2 or IC 31-16-15-2.5;
1053+14 the Title IV-D agency shall provide notice to the appropriate entity
1054+15 under subsection (b), (e), (g), (h), (i), (j), or (k) that the obligor has
1055+16 addressed the delinquency.
1056+17 SECTION 56. IC 31-25-4-34, AS AMENDED BY P.L.150-2018,
1057+18 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1058+19 JULY 1, 2022]: Sec. 34. (a) As used in this section, "board" has the
1059+20 meaning set forth in IC 25-1-1.2-2.
1060+21 (b) If an obligor holds a license issued by a board and requests a
1061+22 hearing under section 33 of this chapter but fails to appear or appears
1062+23 and is found to be delinquent, the Title IV-D agency shall issue an
1063+24 order to the board that issued the obligor's license:
1064+25 (1) stating that the obligor is delinquent; and
1065+26 (2) requiring the board to comply with the actions required under
1066+27 IC 25-1-1.2-8.
1067+28 (c) If an obligor holds a license issued under IC 4-31-6, IC 4-33, or
1068+29 IC 4-35 and requests a hearing under section 33 of this chapter but fails
1069+30 to appear or appears and is found to be delinquent, the Title IV-D
1070+31 agency shall issue an order to the:
1071+32 (1) Indiana horse racing commission, if the obligor holds a license
1072+33 issued under IC 4-31-6; or
1073+34 (2) Indiana gaming commission, if the obligor holds a license
1074+35 issued under IC 4-33 or IC 4-35;
1075+36 stating that the obligor is delinquent and requiring the commission to
1076+37 comply with the actions required under IC 4-31-6-11, IC 4-33-8.5-3, or
1077+38 IC 4-35-6.7-2.
1078+39 (d) If an obligor holds a license issued under IC 27-1-15.6,
1079+40 IC 27-1-15.8, or IC 27-10-3 and requests a hearing under section 33 of
1080+41 this chapter but fails to appear or appears and is found to be delinquent,
1081+42 the Title IV-D agency shall issue an order to the commissioner of the
1082+EH 1103—LS 6602/DI 139 25
1083+1 department of insurance:
1084+2 (1) stating that the obligor is delinquent; and
1085+3 (2) requiring the commissioner to comply with the actions
1086+4 required under IC 27-1-15.6-29 or IC 27-10-3-20.
1087+5 (e) If an obligor holds a license issued by the department of natural
1088+6 resources under IC 14-22-12, IC 14-22-14, IC 14-22-16, IC 14-22-17,
1089+7 IC 14-22-19, IC 14-24-7, or IC 14-31-3 and requests a hearing under
1090+8 section 33 of this chapter but fails to appear, or appears and is found to
1091+9 be delinquent, the Title IV-D agency shall issue an order to the director
1092+10 of the department of natural resources:
1093+11 (1) stating that the obligor is delinquent; and
1094+12 (2) requiring the director to suspend or revoke a license issued by
1095+13 the department as provided in IC 14-11-3.
1096+14 (f) If an obligor:
1097+15 (1) holds an employee's permit issued under IC 7.1-3-18-9(a)(3);
1098+16 and
1099+17 (2) requests a hearing under section 33 of this chapter but fails to
1100+18 appear or appears and is found to be delinquent;
1101+19 the Title IV-D agency shall issue an order to the alcohol and tobacco
1102+20 commission stating that the obligor is delinquent and requiring the
1103+21 commission to impose the appropriate sanctions under IC 7.1-3-23-44.
1104+22 (g) When an obligor who was the subject of an order issued by the
1105+23 Title IV-D agency under subsection (b), (c), (d), (e), or (f) has:
1106+24 (1) paid the obligor's child support arrearage in full; or
1107+25 (2) established a payment plan with the Title IV-D agency to pay
1108+26 the arrearage, which includes an income withholding order under
1109+27 IC 31-16-15-2 or IC 31-16-15-2.5;
1110+28 the Title IV-D agency shall provide notice to the appropriate entity
1111+29 under subsection (b), (c), (d), (e), or (f) that the obligor has addressed
1112+30 the delinquency.
1113+31 SECTION 57. IC 35-52-14-25 IS REPEALED [EFFECTIVE JULY
1114+32 1, 2022]. Sec. 25. IC 14-22-14-22 defines a crime concerning fishing
1115+33 licenses.
1116+34 SECTION 58. IC 35-52-14-26.5 IS REPEALED [EFFECTIVE
1117+35 JULY 1, 2022]. Sec. 26.5. IC 14-22-17-2 defines a crime concerning
1118+36 mussel licenses.
1119+EH 1103—LS 6602/DI 139 26
1120+COMMITTEE REPORT
1121+Mr. Speaker: Your Committee on Natural Resources, to which was
1122+referred House Bill 1103, has had the same under consideration and
1123+begs leave to report the same back to the House with the
1124+recommendation that said bill be amended as follows:
1125+Page 1, delete lines 1 through 15.
1126+Page 2, delete lines 1 through 4.
1127+Page 12, between lines 9 and 10, begin a new paragraph and insert:
1128+"SECTION. 46. IC 14-28-1-22, AS AMENDED BY P.L.21-2021,
4291129 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4301130 JULY 1, 2022]: Sec. 22. (a) As used in subsection (b)(1) with respect
4311131 to a stream, "total length" means the length of the stream, expressed in
4321132 miles, from the confluence of the stream with the receiving stream to
4331133 the upstream or headward extremity of the stream, as indicated by the
4341134 solid or dashed, blue or purple line depicting the stream on the most
4351135 current edition of the seven and one-half (7 1/2) minute topographic
4361136 quadrangle map published by the United States Geological Survey,
4371137 measured along the meanders of the stream as depicted on the map.
4381138 (b) This section does not apply to the following:
4391139 (1) A reconstruction or maintenance project (as defined in
4401140 IC 36-9-27) on a stream or an open regulated drain if the total
4411141 length of the stream or open drain is not more than ten (10) miles.
4421142 (2) A construction or reconstruction project on a state or county
4431143 highway bridge in a rural area that crosses a stream having an
4441144 upstream drainage area of not more than fifty (50) square miles
4451145 and the relocation of utility lines associated with the construction
4461146 or reconstruction project if confined to an area not more than one
4471147 hundred (100) feet from the limits of the highway construction
4481148 right-of-way.
4491149 (3) The performance of an activity described in subsection (c)(1)
4501150 or (c)(2) by a surface coal mining operation that is operated under
4511151 a permit issued under IC 14-34.
4521152 (4) Any other activity that is determined by the commission,
4531153 according to rules adopted under IC 4-22-2, to pose not more than
4541154 a minimal threat to floodway areas.
4551155 (5) An activity in a boundary river floodway to which section 26.5
4561156 of this chapter applies.
4571157 (6) The removal of a logjam or mass of wood debris that has
4581158 accumulated in a river or stream, subject to the following
4591159 conditions:
4601160 (A) Work must not be within a salmonid stream designated
1161+EH 1103—LS 6602/DI 139 27
4611162 under 327 IAC 2-1.5-5 without the prior written approval of
4621163 the department's division of fish and wildlife.
4631164 (B) Work must not be within a natural, scenic, or recreational
4641165 river or stream designated under 312 IAC 7-2.
4651166 (C) Except as otherwise provided in Indiana law, free logs or
466-HEA 1103 — Concur 12
4671167 affixed logs that are crossways in the channel must be cut,
4681168 relocated, and removed from the floodplain. Logs may be
4691169 maintained in the floodplain if properly anchored or otherwise
4701170 secured so as to resist flotation or dislodging by the flow of
4711171 water and placement in an area that is not a wetland. Logs
4721172 must be removed and secured with a minimum of damage to
4731173 vegetation.
4741174 (D) Isolated or single logs that are embedded, lodged, or
4751175 rooted in the channel, and that do not span the channel or
4761176 cause flow problems, must not be removed unless the logs are
4771177 either of the following:
4781178 (i) Associated with or in close proximity to larger
4791179 obstructions.
4801180 (ii) Posing a hazard to agriculture, business, navigation, or
4811181 property.
4821182 (E) A leaning or severely damaged tree that is in immediate
4831183 danger of falling into the waterway may be cut and removed.
4841184 if the tree is associated with or in close proximity to an
4851185 obstruction. The root system and stump of the tree must be left
4861186 in place.
4871187 (F) To the extent practicable, the construction of access roads
4881188 must be minimized, and should not result in the elevation of
4891189 the floodplain.
4901190 (G) To the extent practicable, work should be performed
4911191 exclusively from one (1) side of a waterway. Crossing the bed
4921192 of a waterway is prohibited.
4931193 (H) To prevent the flow of sediment laden water back into the
4941194 waterway, appropriate sediment control measures must be
4951195 installed.
4961196 (I) Within fifteen (15) days, all bare and disturbed areas must
4971197 be revegetated with a mixture of grasses and legumes. Tall
4981198 fescue must not be used under this subdivision, except that low
4991199 endophyte tall fescue may be used in the bottom of the
5001200 waterway and on side slopes.
5011201 (c) A person who desires to:
5021202 (1) erect, make, use, or maintain a structure, an obstruction, a
5031203 deposit, or an excavation; or
1204+EH 1103—LS 6602/DI 139 28
5041205 (2) suffer or permit a structure, an obstruction, a deposit, or an
5051206 excavation to be erected, made, used, or maintained;
5061207 in or on a floodway must file with the director a verified written
5071208 application for a permit accompanied by a nonrefundable minimum fee
5081209 of two hundred dollars ($200).
509-HEA 1103 — Concur 13
5101210 (d) The application for a permit must set forth the material facts
5111211 together with plans and specifications for the structure, obstruction,
5121212 deposit, or excavation.
5131213 (e) An applicant must receive a permit from the director for the
5141214 work before beginning construction. The director shall issue a permit
5151215 only if in the opinion of the director the applicant has clearly proven
5161216 that the structure, obstruction, deposit, or excavation will not do any of
5171217 the following:
5181218 (1) Adversely affect the efficiency of or unduly restrict the
5191219 capacity of the floodway.
5201220 (2) Constitute an unreasonable hazard to the safety of life or
5211221 property.
5221222 (3) Result in unreasonably detrimental effects upon fish, wildlife,
5231223 or botanical resources.
5241224 (f) In deciding whether to issue a permit under this section, the
5251225 director shall consider the cumulative effects of the structure,
5261226 obstruction, deposit, or excavation. The director may incorporate in and
5271227 make a part of an order of authorization conditions and restrictions that
5281228 the director considers necessary for the purposes of this chapter.
5291229 (g) A permit issued under this section:
5301230 (1) is valid for two (2) years after the issuance of the permit;
5311231 (2) to:
5321232 (A) the Indiana department of transportation or a county
5331233 highway department if there is any federal funding for the
5341234 project; or
5351235 (B) an electric utility for the construction of a power
5361236 generating facility;
5371237 is valid for five (5) years from the date of issuance; and
5381238 (3) is valid for the duration of a permitted project subject to
5391239 periodic compliance evaluations for a quarrying or aggregate
5401240 company for the excavation of industrial materials, including:
5411241 (A) clay and shale;
5421242 (B) crushed limestone and dolostone;
5431243 (C) dimension limestone;
5441244 (D) dimension sandstone;
5451245 (E) gypsum;
5461246 (F) peat;
1247+EH 1103—LS 6602/DI 139 29
5471248 (G) construction sand and gravel; and
5481249 (H) industrial sand.
5491250 However, a permit issued under this section expires if construction is
5501251 not commenced within two (2) years after the permit is issued. Except
5511252 as provided under section 22.1 of this chapter, a permit that is active
552-HEA 1103 — Concur 14
5531253 and was issued under subdivision (1) before July 1, 2014, is valid for
5541254 two (2) years beginning July 2014, and a permit that is active and was
5551255 issued under subdivision (2) before July 1, 2014, is valid for five (5)
5561256 years beginning July 2014.
5571257 (h) The holder of a permit issued under subsection (g)(3) shall
5581258 notify the commission within six (6) months of completing the
5591259 permitted project.
5601260 (i) A permit issued under:
5611261 (1) subsection (g)(1) may be renewed one (1) time for a period not
5621262 to exceed two (2) additional years; and
5631263 (2) subsection (g)(2) may be renewed one (1) time for a period not
5641264 to exceed five (5) additional years.
5651265 (j) The director shall send a copy of each permit issued under this
5661266 section to each river basin commission organized under:
5671267 (1) IC 14-29-7 or IC 13-2-27 (before its repeal); or
5681268 (2) IC 14-13-9, IC 14-30-1 (before its repeal), or IC 36-7-6
5691269 (before its repeal);
5701270 that is affected.
5711271 (k) The permit holder shall post and maintain a permit issued under
5721272 this section at the authorized site.
5731273 (l) For the purposes of this chapter, the lowest floor of a building,
5741274 including a residence or abode, that is to be constructed or
5751275 reconstructed in the one hundred (100) year floodplain of an area
5761276 protected by a levee that is:
5771277 (1) inspected; and
5781278 (2) found to be in good or excellent condition;
5791279 by the United States Army Corps of Engineers shall not be lower than
5801280 the one hundred (100) year frequency flood elevation plus one (1) foot.
581-SECTION 45. IC 14-28-1-23, AS AMENDED BY P.L.90-2020,
1281+SECTION 47. IC 14-28-1-23, AS AMENDED BY P.L.90-2020,
5821282 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5831283 JULY 1, 2022]: Sec. 23. (a) The director may remove or eliminate a
5841284 structure, an obstruction, a deposit, or an excavation in a floodway that:
5851285 (1) adversely affects the efficiency of or unduly restricts the
5861286 capacity of the floodway;
5871287 (2) constitutes an unreasonable hazard to the safety of life or
5881288 property; or
5891289 (3) is unreasonably detrimental to fish, wildlife, or botanical
1290+EH 1103—LS 6602/DI 139 30
5901291 resources;
5911292 by an action in condemnation.
5921293 (b) In assessing the damages in the proceedings, the appraisers and
5931294 the court shall take into consideration whether the structure,
5941295 obstruction, deposit, or excavation is legally in or on the floodway.
595-HEA 1103 — Concur 15
5961296 (c) Beginning January 1, 2020, January 1, 2022, the director shall
5971297 not exercise the authority under subsection (a) to remove or eliminate
5981298 an abode or residence from a floodway if:
5991299 (1) the abode or residence was constructed before January 1,
6001300 2020; January 1, 2022;
6011301 (2) the owner of the abode or residence has taken necessary
6021302 measures to elevate the lowest floor of the abode or residence, as
6031303 reconstructed, including the basement, to at least two (2) feet
6041304 above the one hundred (100) year flood elevation within two (2)
6051305 years after receiving notification from the department concerning
6061306 the abode or residence; and
6071307 (3) the owner of the abode or residence has taken necessary
6081308 measures to comply with all applicable local, state, and federal
6091309 floodway regulations.
610-SECTION 46. IC 14-28-1-39 IS ADDED TO THE INDIANA
1310+SECTION 48. IC 14-28-1-39 IS ADDED TO THE INDIANA
6111311 CODE AS A NEW SECTION TO READ AS FOLLOWS
6121312 [EFFECTIVE JULY 1, 2022]: Sec. 39. (a) Before July 1, 2023, the
6131313 department shall adopt a license for the following activities in a
6141314 floodway:
6151315 (1) Removal of trees.
6161316 (2) Channel maintenance.
6171317 (3) Bank reconstruction, repair, and stabilization.
6181318 (b) This section expires July 1, 2024.
619-SECTION 47. IC 14-28-1-40 IS ADDED TO THE INDIANA
1319+SECTION 49. IC 14-28-1-40 IS ADDED TO THE INDIANA
6201320 CODE AS A NEW SECTION TO READ AS FOLLOWS
6211321 [EFFECTIVE JULY 1, 2022]: Sec. 40. A local floodplain
6221322 administrator shall utilize the best floodplain mapping data
6231323 available as provided by the department and located on the
6241324 Indiana Floodplain Information Portal when reviewing a permit
6251325 application for a structure or a construction activity in, or near, a
626-floodplain.
627-SECTION 48. IC 14-34-4-5 IS AMENDED TO READ AS
628-FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 5. (a) If written
629-objections are filed and an informal conference or a public hearing is
630-requested, the director shall hold the conference or public hearing in
631-the locality of the proposed surface coal mining operation within a
632-reasonable time of receipt of the objections or request. The director
633-shall advertise in a newspaper of general circulation in the county in
634-which the proposed surface coal mining operation is located at least
635-two (2) weeks before the scheduled conference or public hearing the
636-date, time, and location of the conference or public hearing.
637-(b) The director may arrange with the applicant, upon request by
638-HEA 1103 — Concur 16
639-any party to the administrative proceeding, access to the proposed
640-mining area for the purpose of gathering information relevant to the
641-proceeding.
642-(c) An electronic or a stenographic record shall be made of the
643-conference or public hearing. unless waived by all parties. The director
644-shall maintain the record and have the record accessible to the parties
645-until final release of the applicant's performance bond.
646-(d) The director may not hold the conference or public hearing if
647-any of the following conditions exist:
648-(1) All parties requesting the conference or public hearing
649-stipulate agreement before the conference or public hearing and
650-withdraw their request.
651-(2) The request fails to comply with the requirements of section
652-4 of this chapter.
653-(3) The objections do not concern a matter within the scope of
654-this article or the commission's rules.
655-SECTION 49. IC 25-36.5-1-2.1 IS ADDED TO THE INDIANA
656-CODE AS A NEW SECTION TO READ AS FOLLOWS
657-[EFFECTIVE JULY 1, 2022]: Sec. 2.1. (a) A contract to purchase
658-timber must be in writing pursuant to:
659-(1) the Uniform Commercial Code (IC 26-1); and
660-(2) the rules adopted by the department.
661-(b) No person shall engage in the purchase of timber with a
662-timber grower without a written contract as described in
663-subsection (a).
664-(c) Each timber purchase without a written contract constitutes
665-a separate and distinct violation under this chapter.
666-(d) Failure to have a written contract to purchase timber does
667-not limit the remedies available to a timber grower under this
668-chapter.
669-SECTION 50. IC 25-36.5-1-3.2, AS AMENDED BY P.L.57-2013,
670-SECTION 86, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
671-JULY 1, 2022]: Sec. 3.2. (a) This section refers to an adjudicative
672-proceeding against:
673-(1) a timber buyer; or
674-(2) a person who cuts timber but is not a timber buyer (referred to
675-as a "timber cutter" in this section).
676-(b) The department may under IC 4-21.5-3-8 commence a
677-proceeding against a timber buyer or a timber cutter if there is reason
678-to believe that:
679-(1) the timber buyer or timber cutter has acquired timber from a
680-timber grower under a written contract for the sale of the timber
681-HEA 1103 — Concur 17
682-without payment having been made to the timber grower as
683-specified in the contract; or
684-(2) if:
685-(A) there is no written contract for the sale of the timber; or
686-(B) there is a written contract for the sale of the timber but the
687-contract does not set forth the purchase price for the timber;
688-the timber buyer or timber cutter has cut timber or acquired
689-timber from the timber grower without payment having been
690-made to the timber grower equal to the value of the timber as
691-determined under IC 26-1-2.
692-(c) A proceeding may be commenced under this section at the
693-request of a timber grower.
694-(d) The necessary parties to a proceeding initiated under this section
695-are:
696-(1) the timber grower; and
697-(2) the timber buyer or timber cutter.
698-(e) After the commencement of a proceeding under this section
699-through the service of a complaint under IC 4-21.5-3-8, a party to the
700-proceeding may move for the joinder of any of the following persons
701-having a relationship to the site or subject of the complaint:
702-(1) The surety of the timber buyer.
703-(2) A timber buyer.
704-(3) A timber cutter.
705-(4) A landowner.
706-(5) An owner of land adjacent to the land from which the timber
707-was cut.
708-(6) A consultant receiving a fee for services related to the timber.
709-(7) A professional surveyor performing an American Land Title
710-Association and American Congress on Surveying and Mapping
711-(ALTA/ACSM) land title survey.
712-(8) The department of natural resources, if the department has a
713-relationship to the site or subject of the complaint as a landowner
714-or owner of adjacent land.
715-(f) The complaint served under IC 4-21.5-3-8 to commence a
716-proceeding under this section may seek the following:
717-(1) Damages in compensation for damage actually resulting from
718-the wrongful activities of a timber buyer or timber cutter.
719-(2) Damages equal to three (3) times the stumpage value of any
720-timber that is wrongfully cut or appropriated without payment.
721-(3) Damages for costs associated with a claim or action,
722-including attorney's fees.
723-(4) Damages specified by a contract between a timber grower
724-HEA 1103 — Concur 18
725-and a timber buyer.
726-(g) Notwithstanding subsection (f), the liability on the surety bond
727-of a timber cutter is limited to the value of any timber wrongfully cut
728-or appropriated.
729-(h) A proceeding under this section is governed by IC 4-21.5.
730-Before a hearing is convened in the proceeding, a prehearing
731-conference shall be conducted to provide the parties with an
732-opportunity for settlement, including an opportunity for mediation.
733-(i) In determining the site for a hearing in a proceeding under this
734-section, the administrative law judge shall consider the convenience of
735-the parties.
736-(j) A final agency action in a proceeding under this section must
737-address all issues of damage and responsibility and, after the
738-completion of the opportunity for judicial review, may be enforced in
739-a civil proceeding as a judgment.
740-SECTION 51. IC 25-36.5-1-4 IS AMENDED TO READ AS
741-FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 4. It The following
742-shall be unlawful and a violation of this chapter:
743-(a) For any timber buyer to fail to pay, as agreed, for any timber
744-purchased.
745-(b) For any timber buyer to cut or cause to be cut or appropriate any
746-timber not purchased.
747-(c) For a timber buyer to willfully make any false statement in
748-connection with the application, bond or other information required to
749-be given to the department or a timber grower.
750-(d) For a timber buyer to fail to honestly account to the timber
751-grower or the department for timber purchased or cut if the buyer is
752-under a duty to do so. and
753-(e) For a timber buyer to commit any fraudulent act in connection
754-with the purchase or cutting of timber.
755-(f) For a timber buyer to violate a provision of this chapter or
756-a rule of the department adopted under this chapter.
757-SECTION 52. IC 25-36.5-1-4.9 IS AMENDED TO READ AS
758-FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 4.9. The director may
759-refuse to issue a timber buyer registration certificate to an applicant
760-that has:
761-(1) been convicted of a felony;
762-(2) violated a provision of this chapter; or
763-(3) violated a rule adopted by the department under this chapter;
764-or
765-(4) an active or pending suspension of a timber buyer license
766-under section 16 of this chapter.
767-HEA 1103 — Concur 19
768-SECTION 53. IC 25-36.5-1-8 IS AMENDED TO READ AS
769-FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 8. (a) The department
770-may inspect the premises used by any timber buyer in the conduct of
771-his the timber buyer's business at any reasonable time and the books,
772-accounts, records and papers of every such timber buyer shall at all
773-times during business hours be subject to inspection by the department.
774-(b) A timber buyer shall keep complete and accurate records
775-and accounts for each transaction. The timber buyer shall retain
776-records and accounts for not less than five (5) years after a
777-transaction.
778-(c) The information obtained under this section is exempt under
779-IC 5-14-3-4(a)(1). Unless otherwise required by judicial order, the
780-information obtained under this section may be disclosed only to
781-the director, the director's designee, or a timber grower.
782-SECTION 54. IC 25-36.5-1-16 IS AMENDED TO READ AS
783-FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 16. (a) The director
784-may revoke, or suspend, deny, or refuse to issue any license or agent's
785-registration under that license if the applicant or holder of that license
786-has:
787-(1) been convicted of a felony;
788-(2) violated any provision of this chapter; or
789-(3) violated any rule or regulation of the department promulgated
790-under this chapter.
791-Revocation or suspension of a license or an agent's registration shall be
792-determined by the director after an administrative hearing as provided
793-in section 12 of this chapter. subsection (d).
794-(b) The director may suspend a license for not more than ninety
795-(90) days before a final adjudication if the director finds that the
796-holder of a timber buyer's license poses a clear and immediate
797-danger to public health, safety, or property if allowed to continue
798-to operate.
799-(c) The director may renew a suspension under subsection (b)
800-for a period of not more than ninety (90) days. There is no limit to
801-the number of times the director may renew a suspension.
802-(d) A proceeding under this chapter to revoke, suspend, deny,
803-or refuse to issue a license shall be conducted in the manner
804-prescribed by IC 4-21.5-3.
805-SECTION 55. IC 31-25-4-32, AS AMENDED BY P.L.150-2018,
806-SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
807-JULY 1, 2022]: Sec. 32. (a) When the Title IV-D agency finds that an
808-obligor is delinquent, the Title IV-D agency shall send, to a verified
809-address, a notice to the obligor that does the following:
810-HEA 1103 — Concur 20
811-(1) Specifies that the obligor is delinquent.
812-(2) Describes the amount of child support that the obligor is in
813-arrears.
814-(3) States that unless the obligor:
815-(A) pays the obligor's child support arrearage in full;
816-(B) establishes a payment plan with the Title IV-D agency to
817-pay the arrearage, which includes an income withholding
818-order; or
819-(C) requests a hearing under section 33 of this chapter;
820-within twenty (20) days after the date the notice is mailed, the
821-Title IV-D agency shall issue an order to the bureau of motor
822-vehicles stating that the obligor is delinquent and that the
823-obligor's driving privileges shall be suspended.
824-(4) Explains that the obligor has twenty (20) days after the notice
825-is mailed to do one (1) of the following:
826-(A) Pay the obligor's child support arrearage in full.
827-(B) Establish a payment plan with the Title IV-D agency to
828-pay the arrearage, which includes an income withholding order
829-under IC 31-16-15-2 or IC 31-16-15-2.5.
830-(C) Request a hearing under section 33 of this chapter.
831-(5) Explains that if the obligor has not satisfied any of the
832-requirements of subdivision (4) not later than twenty (20) days
833-after the notice is mailed, that the Title IV-D agency shall issue a
834-notice to:
835-(A) the board or department that regulates the obligor's
836-profession or occupation, if any, that the obligor is delinquent
837-and that the obligor may be subject to sanctions under
838-IC 25-1-1.2, including suspension or revocation of the
839-obligor's professional or occupational license;
840-(B) the supreme court disciplinary commission if the obligor
841-is licensed to practice law;
842-(C) the department of education established by IC 20-19-3-1
843-if the obligor is a licensed teacher;
844-(D) the Indiana horse racing commission if the obligor holds
845-or applies for a license issued under IC 4-31-6;
846-(E) the Indiana gaming commission if the obligor holds or
847-applies for a license issued under IC 4-33 and IC 4-35;
848-(F) the commissioner of the department of insurance if the
849-obligor holds or is an applicant for a license issued under
850-IC 27-1-15.6, IC 27-1-15.8, or IC 27-10-3;
851-(G) the director of the department of natural resources if the
852-obligor holds or is an applicant for a license issued by the
853-HEA 1103 — Concur 21
854-department of natural resources under:
855-(i) IC 14-22-12 (fishing, hunting, and trapping licenses);
856-(ii) IC 14-22-14 (Lake Michigan commercial fishing
857-license);
858-(iii) (ii) IC 14-22-16 (bait dealer's license);
859-(iv) IC 14-22-17 (mussel license);
860-(v) (iii) IC 14-22-19 (fur buyer's license);
861-(vi) (iv) IC 14-24-7 (nursery dealer's license); or
862-(vii) (v) IC 14-31-3 (ginseng dealer's license); or
863-(H) the alcohol and tobacco commission if the obligor holds or
864-applies for an employee's permit under IC 7.1-3-18-9(a)(3).
865-(6) Explains that the only basis for contesting the issuance of an
866-order under subdivision (3) or (5) is a mistake of fact.
867-(7) Explains that an obligor may contest the Title IV-D agency's
868-determination to issue an order under subdivision (3) or (5) by
869-making written application to the Title IV-D agency not later than
870-twenty (20) days after the date the notice is mailed.
871-(8) Explains the procedures to:
872-(A) pay the obligor's child support arrearage in full; and
873-(B) establish a payment plan with the Title IV-D agency to pay
874-the arrearage, which must include an income withholding
875-order under IC 31-16-15-2 or IC 31-16-15-2.5.
876-(b) Whenever the Title IV-D agency finds that an obligor is
877-delinquent and has failed to:
878-(1) pay the obligor's child support arrearage in full;
879-(2) establish a payment plan with the Title IV-D agency to pay the
880-arrearage, which includes an income withholding order under
881-IC 31-16-15-2 or IC 31-16-15-2.5; or
882-(3) request a hearing under section 33 of this chapter not later
883-than twenty (20) days after the date the notice described in
884-subsection (a) is mailed;
885-the Title IV-D agency shall issue an order to the bureau of motor
886-vehicles stating that the obligor is delinquent.
887-(c) An order issued under subsection (b) must require the following:
888-(1) If the obligor who is the subject of the order holds a driving
889-license or permit on the date the order is issued, that the driving
890-privileges of the obligor be suspended until further order of the
891-Title IV-D agency.
892-(2) If the obligor who is the subject of the order does not hold a
893-driving license or permit on the date the order is issued, that the
894-bureau of motor vehicles may not issue a driving license or permit
895-to the obligor until the bureau of motor vehicles receives a further
896-HEA 1103 — Concur 22
897-order from the Title IV-D agency.
898-(d) The Title IV-D agency shall provide the:
899-(1) full name;
900-(2) date of birth;
901-(3) verified address; and
902-(4) Social Security number or driving license number;
903-of the obligor to the bureau of motor vehicles.
904-(e) Whenever the Title IV-D agency finds that an obligor who is an
905-applicant (as defined in IC 25-1-1.2-1) or a practitioner (as defined in
906-IC 25-1-1.2-6) is delinquent and the applicant or practitioner has failed
907-to:
908-(1) pay the obligor's child support arrearage in full;
909-(2) establish a payment plan with the Title IV-D agency to pay the
910-arrearage, which includes an income withholding order under
911-IC 31-16-15-2 or IC 31-16-15-2.5; or
912-(3) request a hearing under section 33 of this chapter;
913-the Title IV-D agency shall issue an order to the board regulating the
914-practice of the obligor's profession or occupation stating that the
915-obligor is delinquent.
916-(f) An order issued under subsection (e) must direct the board or
917-department regulating the obligor's profession or occupation to impose
918-the appropriate sanctions described under IC 25-1-1.2.
919-(g) Whenever the Title IV-D agency finds that an obligor who is an
920-attorney or a licensed teacher is delinquent and the attorney or licensed
921-teacher has failed to:
922-(1) pay the obligor's child support arrearage in full;
923-(2) establish a payment plan with the Title IV-D agency to pay the
924-arrearage, which includes an income withholding order under
925-IC 31-16-15-2 or IC 31-16-15-2.5; or
926-(3) request a hearing under section 33 of this chapter;
927-the Title IV-D agency shall notify the supreme court disciplinary
928-commission if the obligor is an attorney, or the department of education
929-if the obligor is a licensed teacher, that the obligor is delinquent.
930-(h) Whenever the Title IV-D agency finds that an obligor who holds
931-a license issued under IC 4-31-6, IC 4-33, or IC 4-35 has failed to:
932-(1) pay the obligor's child support arrearage in full;
933-(2) establish a payment plan with the Title IV-D agency to pay the
934-arrearage, which includes an income withholding order under
935-IC 31-16-15-2 or IC 31-16-15-2.5; or
936-(3) request a hearing under section 33 of this chapter;
937-the Title IV-D agency shall issue an order to the Indiana horse racing
938-commission if the obligor holds a license issued under IC 4-31-6, or to
939-HEA 1103 — Concur 23
940-the Indiana gaming commission if the obligor holds a license issued
941-under IC 4-33 or IC 4-35, stating that the obligor is delinquent and
942-directing the commission to impose the appropriate sanctions described
943-in IC 4-31-6-11, IC 4-33-8.5-3, or IC 4-35-6.7-2.
944-(i) Whenever the Title IV-D agency finds that an obligor who holds
945-a license issued under IC 27-1-15.6, IC 27-1-15.8, or IC 27-10-3 has
946-failed to:
947-(1) pay the obligor's child support arrearage in full;
948-(2) establish a payment plan with the Title IV-D agency to pay the
949-arrearage, which includes an income withholding order under
950-IC 31-16-15-2 or IC 31-16-15-2.5; or
951-(3) request a hearing under section 33 of this chapter;
952-the Title IV-D agency shall issue an order to the commissioner of the
953-department of insurance stating that the obligor is delinquent and
954-directing the commissioner to impose the appropriate sanctions
955-described in IC 27-1-15.6-29 or IC 27-10-3-20.
956-(j) Whenever the Title IV-D agency finds that an obligor who holds
957-a license issued by the department of natural resources under
958-IC 14-22-12, IC 14-22-14, IC 14-22-16, IC 14-22-17, IC 14-22-19,
959-IC 14-24-7, or IC 14-31-3 has failed to:
960-(1) pay the obligor's child support arrearage in full;
961-(2) establish a payment plan with the Title IV-D agency to pay the
962-arrearage, which includes an income withholding order under
963-IC 31-16-15-2 or IC 31-16-15-2.5; or
964-(3) request a hearing under section 33 of this chapter;
965-the Title IV-D agency shall issue an order to the director of the
966-department of natural resources stating that the obligor is delinquent
967-and directing the director to suspend or revoke a license issued to the
968-obligor by the department of natural resources as provided in
969-IC 14-11-3.
970-(k) If the Title IV-D agency finds that an obligor who holds an
971-employee's permit issued under IC 7.1-3-18-9(a)(3) has failed to:
972-(1) pay the obligor's child support arrearage in full;
973-(2) establish a payment plan with the Title IV-D agency to pay the
974-arrearage, which includes an income withholding order under
975-IC 31-16-15-2 or IC 31-16-15-2.5; or
976-(3) request a hearing under section 33 of this chapter;
977-the Title IV-D agency shall issue an order to the alcohol and tobacco
978-commission stating that the obligor is delinquent and directing the
979-alcohol and tobacco commission to impose the appropriate sanctions
980-under IC 7.1-3-23-44.
981-(l) A person's most recent address on file with the bureau constitutes
982-HEA 1103 — Concur 24
983-a verified address for purposes of this section.
984-(m) When an obligor who was the subject of an order issued by the
985-Title IV-D agency under subsection (b), (e), (g), (h), (i), (j), or (k) has:
986-(1) paid the obligor's child support arrearage in full; or
987-(2) established a payment plan with the Title IV-D agency to pay
988-the arrearage, which includes an income withholding order under
989-IC 31-16-15-2 or IC 31-16-15-2.5;
990-the Title IV-D agency shall provide notice to the appropriate entity
991-under subsection (b), (e), (g), (h), (i), (j), or (k) that the obligor has
992-addressed the delinquency.
993-SECTION 56. IC 31-25-4-34, AS AMENDED BY P.L.150-2018,
994-SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
995-JULY 1, 2022]: Sec. 34. (a) As used in this section, "board" has the
996-meaning set forth in IC 25-1-1.2-2.
997-(b) If an obligor holds a license issued by a board and requests a
998-hearing under section 33 of this chapter but fails to appear or appears
999-and is found to be delinquent, the Title IV-D agency shall issue an
1000-order to the board that issued the obligor's license:
1001-(1) stating that the obligor is delinquent; and
1002-(2) requiring the board to comply with the actions required under
1003-IC 25-1-1.2-8.
1004-(c) If an obligor holds a license issued under IC 4-31-6, IC 4-33, or
1005-IC 4-35 and requests a hearing under section 33 of this chapter but fails
1006-to appear or appears and is found to be delinquent, the Title IV-D
1007-agency shall issue an order to the:
1008-(1) Indiana horse racing commission, if the obligor holds a license
1009-issued under IC 4-31-6; or
1010-(2) Indiana gaming commission, if the obligor holds a license
1011-issued under IC 4-33 or IC 4-35;
1012-stating that the obligor is delinquent and requiring the commission to
1013-comply with the actions required under IC 4-31-6-11, IC 4-33-8.5-3, or
1014-IC 4-35-6.7-2.
1015-(d) If an obligor holds a license issued under IC 27-1-15.6,
1016-IC 27-1-15.8, or IC 27-10-3 and requests a hearing under section 33 of
1017-this chapter but fails to appear or appears and is found to be delinquent,
1018-the Title IV-D agency shall issue an order to the commissioner of the
1019-department of insurance:
1020-(1) stating that the obligor is delinquent; and
1021-(2) requiring the commissioner to comply with the actions
1022-required under IC 27-1-15.6-29 or IC 27-10-3-20.
1023-(e) If an obligor holds a license issued by the department of natural
1024-resources under IC 14-22-12, IC 14-22-14, IC 14-22-16, IC 14-22-17,
1025-HEA 1103 — Concur 25
1026-IC 14-22-19, IC 14-24-7, or IC 14-31-3 and requests a hearing under
1027-section 33 of this chapter but fails to appear, or appears and is found to
1028-be delinquent, the Title IV-D agency shall issue an order to the director
1029-of the department of natural resources:
1030-(1) stating that the obligor is delinquent; and
1031-(2) requiring the director to suspend or revoke a license issued by
1032-the department as provided in IC 14-11-3.
1033-(f) If an obligor:
1034-(1) holds an employee's permit issued under IC 7.1-3-18-9(a)(3);
1035-and
1036-(2) requests a hearing under section 33 of this chapter but fails to
1037-appear or appears and is found to be delinquent;
1038-the Title IV-D agency shall issue an order to the alcohol and tobacco
1039-commission stating that the obligor is delinquent and requiring the
1040-commission to impose the appropriate sanctions under IC 7.1-3-23-44.
1041-(g) When an obligor who was the subject of an order issued by the
1042-Title IV-D agency under subsection (b), (c), (d), (e), or (f) has:
1043-(1) paid the obligor's child support arrearage in full; or
1044-(2) established a payment plan with the Title IV-D agency to pay
1045-the arrearage, which includes an income withholding order under
1046-IC 31-16-15-2 or IC 31-16-15-2.5;
1047-the Title IV-D agency shall provide notice to the appropriate entity
1048-under subsection (b), (c), (d), (e), or (f) that the obligor has addressed
1049-the delinquency.
1050-SECTION 57. IC 35-52-14-25 IS REPEALED [EFFECTIVE JULY
1051-1, 2022]. Sec. 25. IC 14-22-14-22 defines a crime concerning fishing
1052-licenses.
1053-SECTION 58. IC 35-52-14-26.5 IS REPEALED [EFFECTIVE
1054-JULY 1, 2022]. Sec. 26.5. IC 14-22-17-2 defines a crime concerning
1055-mussel licenses.
1056-HEA 1103 — Concur Speaker of the House of Representatives
1057-President of the Senate
1058-President Pro Tempore
1059-Governor of the State of Indiana
1060-Date: Time:
1061-HEA 1103 — Concur
1326+floodplain.".
1327+ Page 12, delete lines 37 through 42.
1328+Page 13, delete lines 1 through 3.
1329+Renumber all SECTIONS consecutively.
1330+and when so amended that said bill do pass.
1331+EH 1103—LS 6602/DI 139 31
1332+(Reference is to HB 1103 as introduced.)
1333+EBERHART
1334+Committee Vote: yeas 11, nays 1.
1335+_____
1336+COMMITTEE REPORT
1337+Madam President: The Senate Committee on Natural Resources, to
1338+which was referred House Bill No. 1103, has had the same under
1339+consideration and begs leave to report the same back to the Senate with
1340+the recommendation that said bill DO PASS.
1341+ (Reference is to HB 1103 as printed January 24, 2022.)
1342+
1343+GLICK, Chairperson
1344+Committee Vote: Yeas 9, Nays 0
1345+_____
1346+SENATE MOTION
1347+Madam President: I move that Engrossed House Bill 1103 be
1348+amended to read as follows:
1349+Page 2, delete lines 12 through 33.
1350+Renumber all SECTIONS consecutively.
1351+(Reference is to EHB 1103 as printed February 22, 2022.)
1352+GLICK
1353+EH 1103—LS 6602/DI 139