Second Regular Session of the 122nd General Assembly (2022)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2021 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1103
AN ACT to amend the Indiana Code concerning natural and cultural
resources.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 14-8-2-44 IS REPEALED [EFFECTIVE JULY 1,
2022]. Sec. 44. "Commercial fishing", for purposes of IC 14-22-14, has
the meaning set forth in IC 14-22-14-1.
SECTION 2. IC 14-8-2-45 IS REPEALED [EFFECTIVE JULY 1,
2022]. Sec. 45. "Commercial fishing gear", for purposes of
IC 14-22-14, has the meaning set forth in IC 14-22-14-2.
SECTION 3. IC 14-8-2-46 IS REPEALED [EFFECTIVE JULY 1,
2022]. Sec. 46. "Commercial fishing license", for purposes of
IC 14-22-14, has the meaning set forth in IC 14-22-14-3.
SECTION 4. IC 14-8-2-138 IS REPEALED [EFFECTIVE JULY 1,
2022]. Sec. 138. "Lake Michigan", for purposes of IC 14-22-14, has the
meaning set forth in IC 14-22-14-4.
SECTION 5. IC 14-8-2-242, AS AMENDED BY P.L.148-2020,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 242. (a) "Resident", for purposes of IC 14-22,
except as provided in subsection (b), means a person who:
(1) is domiciled in Indiana for sixty (60) consecutive days
immediately preceding the date of the purchase of a license or
permit; and
(2) does not claim residency for hunting, fishing, or trapping in
any state other than Indiana or any country other than the United
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States.
(b) "Resident", for purposes of IC 14-22-17, has the meaning set
forth in IC 14-22-17-1.
(c) (b) "Resident", for purposes of IC 14-33-24-9, has the meaning
set forth in IC 14-33-24-9(a).
SECTION 6. IC 14-11-3-4, AS AMENDED BY P.L.150-2018,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 4. (a) Upon receiving an order from the bureau
under IC 31-25-4-32(j) or IC 31-25-4-34(e), the director shall place on
probationary status any license issued under IC 14-22-12, IC 14-22-14,
IC 14-22-16, IC 14-22-17, IC 14-22-19, IC 14-24-7, or IC 14-31-3 and
held by the person who is the subject of the order. The director shall
send the person a notice that does the following:
(1) States that the person's license has been placed on
probationary status.
(2) States that the person's license will be suspended if the
director has not received notice from the bureau under
IC 31-25-4-32(m) or IC 31-25-4-34(g) within twenty (20) days
after the date of the notice.
(3) Describes the amount of child support that the person is in
arrears.
(4) Explains the procedures to:
(A) pay the person's child support arrearage in full; and
(B) establish a payment plan with the bureau to pay the
arrearage, which must include an income withholding order
under IC 31-16-15-2 or IC 31-16-15-2.5.
(b) If the director has not received notice from the bureau under
IC 31-25-4-32(m) or IC 31-25-4-34(g) within twenty (20) days after the
date of the notice in subsection (a), the director shall suspend the
license issued to the person under IC 14-22-12, IC 14-22-14,
IC 14-22-16, IC 14-22-17, IC 14-22-19, IC 14-24-7, or IC 14-31-3.
(c) The director may not reinstate a license placed on probationary
status or suspended under this section until the director receives a
notice from the bureau under IC 31-25-4-32(m) or IC 31-25-4-34(g)
that the person has addressed the delinquency.
SECTION 7. IC 14-22-2-10, AS AMENDED BY P.L.154-2019,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 10. (a) Notwithstanding any law in this article, the
commission may adjust a license and permit fee, including an
application fee, in an amount that is above the minimum fee
established under the following:
(1) Section 4 of this chapter (Licenses and permits written by the
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director).
(2) IC 14-22-9-10 (Aquatic vegetation control).
(3) IC 14-22-13-1 (Commercial fishing).
(4) IC 14-22-13-2 (Commercial fishing on the Ohio River).
(5) IC 14-22-13-2.5 (Roe harvester or dealer).
(6) IC 14-22-14-9 (Commercial fishing on Lake Michigan).
(7) IC 14-22-14-10 (Commercial fishing on Lake Michigan).
(8) (6) IC 14-22-15-2 (Fishing guide).
(9) (7) IC 14-22-15.5-3 (Hunting guide).
(10) (8) IC 14-22-16-1 (Bait dealer).
(11) (9) IC 14-22-19-2 (Fur buyer).
(12) (10) IC 14-22-20-1 (Game breeder).
(13) (11) IC 14-22-21-2 (Taxidermist).
(14) (12) IC 14-22-22-2 (Scientific purposes).
(15) (13) IC 14-22-23-3 (Falconry).
(16) (14) IC 14-22-24-2 (Field trials).
(17) (15) IC 14-22-25-3 (Fish and wild animal importation).
(18) (16) IC 14-22-26-4 (Wild animal possession).
(19) (17) IC 14-22-27-2 (Fish stocking).
(20) (18) IC 14-22-31-2 (Private shooting preserve).
(b) Before adopting fees under this section, the commission shall
consider the amount that is reasonably necessary to generate revenue
sufficient to offset the costs incurred in carrying out the department's
responsibilities and operating any related programs.
(c) A fee that is submitted with an application for a license or permit
listed under subsection (a) is not refundable.
SECTION 8. IC 14-22-14-1 IS REPEALED [EFFECTIVE JULY 1,
2022]. Sec. 1. As used in this chapter, "commercial fishing" means the
taking of fish by means of commercial fishing gear.
SECTION 9. IC 14-22-14-2 IS REPEALED [EFFECTIVE JULY 1,
2022]. Sec. 2. As used in this chapter, "commercial fishing gear" means
fishing equipment, including boats, nets, and other equipment, used to
take fish from Lake Michigan to sell at wholesale or retail.
SECTION 10. IC 14-22-14-3 IS REPEALED [EFFECTIVE JULY
1, 2022]. Sec. 3. As used in this chapter, "commercial fishing license"
refers to a commercial fishing license issued under this chapter.
SECTION 11. IC 14-22-14-4 IS REPEALED [EFFECTIVE JULY
1, 2022]. Sec. 4. As used in this chapter, "Lake Michigan" refers to the
waters of Lake Michigan that are within Indiana.
SECTION 12. IC 14-22-14-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 5. A person must have
a commercial fishing license to may not take fish from the Indiana
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waters of Lake Michigan with commercial fishing gear.
SECTION 13. IC 14-22-14-6 IS REPEALED [EFFECTIVE JULY
1, 2022]. Sec. 6. To be eligible to hold a commercial fishing license,
the following conditions must be met:
(1) If the person is not a corporation, all individuals comprising
the person must be residents of Indiana.
(2) If the person is a corporation, the corporation must be an
Indiana corporation and all shareholders in the corporation must
be residents of Indiana.
SECTION 14. IC 14-22-14-7 IS REPEALED [EFFECTIVE JULY
1, 2022]. Sec. 7. The department may renew a commercial fishing
license, but may not issue an original commercial fishing license.
SECTION 15. IC 14-22-14-8 IS REPEALED [EFFECTIVE JULY
1, 2022]. Sec. 8. Commercial fishing licenses are designated as
follows:
(1) Class 1.
(2) Class 2.
(3) Class 3.
SECTION 16. IC 14-22-14-9 IS REPEALED [EFFECTIVE JULY
1, 2022]. Sec. 9. (a) A commercial fishing license:
(1) expires December 31 of the year for which the license was
issued or reserved;
(2) may be renewed or reserved annually; however, if an
application to renew or reserve a license is not received by the
department before February 1 of the year following the expiration
or reserved period of the license, the license may not be renewed,
reserved, or reinstated;
(3) that is reserved is inactive and may not be used, merged,
transferred, or converted during the reserved year; and
(4) subject to IC 14-22-2-10, may be reserved for one (1) year for
a minimum fee of twenty-five dollars ($25).
(b) The department shall report annually to the natural resources
committees of the house of representatives and the senate for the
purpose of updating the status of yellow perch in Lake Michigan as it
affects sport and commercial fishing and fishermen in Indiana.
SECTION 17. IC 14-22-14-10 IS REPEALED [EFFECTIVE JULY
1, 2022]. Sec. 10. Subject to IC 14-22-2-10, the minimum renewal fees
for commercial fishing licenses are as follows:
(1) Class 1, three thousand dollars ($3,000).
(2) Class 2, six thousand dollars ($6,000).
(3) Class 3, nine thousand dollars ($9,000).
SECTION 18. IC 14-22-14-11 IS REPEALED [EFFECTIVE JULY
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1, 2022]. Sec. 11. Except as provided under section 9 of this chapter,
and subject to section 12 of this chapter, a commercial fishing license
may be transferred from one (1) person to another.
SECTION 19. IC 14-22-14-12 IS REPEALED [EFFECTIVE JULY
1, 2022]. Sec. 12. (a) Except as provided in sections 13 and 14 of this
chapter, a person may not hold or have an interest in more than one (1)
commercial fishing license.
(b) If a person having an interest in one (1) commercial fishing
license acquires an interest in a second commercial fishing license:
(1) the second license is valid; and
(2) the person is considered to have surrendered the first license.
The first license may not be reinstated.
SECTION 20. IC 14-22-14-13 IS REPEALED [EFFECTIVE JULY
1, 2022]. Sec. 13. A person holding a Class 1 or Class 2 license may
acquire another license for the purpose of merging the licenses to form
a Class 2 or Class 3 license as follows:
(1) At the time a person holding a Class 1 license acquires
another Class 1 license, the two (2) licenses merge and become a
Class 2 license.
(2) At the time a person holding:
(A) a Class 1 license acquires a Class 2 license; or
(B) a Class 2 license acquires a Class 1 license;
the two (2) licenses merge and become a Class 3 license.
SECTION 21. IC 14-22-14-14 IS REPEALED [EFFECTIVE JULY
1, 2022]. Sec. 14. A person holding a Class 1 license and a person
holding a Class 3 license may convert the licenses to two (2) Class 2
licenses.
SECTION 22. IC 14-22-14-15 IS REPEALED [EFFECTIVE JULY
1, 2022]. Sec. 15. (a) The commission may adopt rules to establish
procedures for the:
(1) transfer;
(2) merger; or
(3) exchange;
of commercial fishing licenses.
(b) The fee for processing:
(1) a transfer;
(2) a merger; or
(3) an exchange;
of a commercial fishing license under this chapter is one hundred
dollars ($100).
SECTION 23. IC 14-22-14-16 IS REPEALED [EFFECTIVE JULY
1, 2022]. Sec. 16. A Class 2 or Class 3 commercial fishing license may
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be surrendered to the department in exchange for a Class 1 or Class 2
license. This is not considered to be the issuance of an original license.
SECTION 24. IC 14-22-14-17 IS REPEALED [EFFECTIVE JULY
1, 2022]. Sec. 17. Each boat engaged in commercial fishing must carry
documentation specified by rules adopted by the commission that the
boat is operating under the authority of a commercial fishing license.
SECTION 25. IC 14-22-14-18 IS REPEALED [EFFECTIVE JULY
1, 2022]. Sec. 18. (a) The holder of a commercial fishing license must,
in the manner established by rules adopted by the commission,
designate an individual as captain of a boat operated by the holder of
a commercial fishing license. A designated captain must meet the
following conditions:
(1) Be a resident of Indiana.
(2) Have experience as a commercial fisherman.
(3) Possess other qualifications established by rules adopted by
the commission.
(b) Except in an emergency, as defined under rules adopted by the
commission, an individual who is designated as a captain by the holder
of one (1) commercial fishing license may not:
(1) be designated as a captain by; or
(2) work for;
the holder of another commercial fishing license. Notice to the
department of the emergency designation of a captain must be provided
under rules adopted by the commission.
SECTION 26. IC 14-22-14-19 IS REPEALED [EFFECTIVE JULY
1, 2022]. Sec. 19. An individual designated as captain under section 18
of this chapter must be aboard each commercial fishing boat of the
holder of the commercial fishing license while the boat is engaged in
an activity related to commercial fishing.
SECTION 27. IC 14-22-14-20 IS REPEALED [EFFECTIVE JULY
1, 2022]. Sec. 20. (a) The department shall regulate commercial fishing
in Lake Michigan to protect the resource of fish for commercial and
sport fishing.
(b) To protect the resource of fish in Lake Michigan, the department
shall regulate the number of nets that may be used by persons who have
been issued a commercial fishing license as follows:
(1) Persons who have a Class 2 license are entitled to use two (2)
times the number of nets as persons who have a Class 1 license.
(2) Persons who have a Class 3 license are entitled to use three (3)
times the number of nets as persons who have a Class 1 license.
SECTION 28. IC 14-22-14-21 IS REPEALED [EFFECTIVE JULY
1, 2022]. Sec. 21. The commission may adopt rules to establish
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restrictions on the following:
(1) Localities that may be fished.
(2) The kind, mesh size, and quantity of fishing gear that may be
used.
(3) The quantity of fish that may be taken.
(4) Other restrictions the commission considers necessary to
protect the fishing resource in Lake Michigan.
SECTION 29. IC 14-22-14-22 IS REPEALED [EFFECTIVE JULY
1, 2022]. Sec. 22. (a) Fish may not be taken from Lake Michigan by
means of a gill net.
(b) The commercial fishing license of a person who takes fish from
Lake Michigan by means of a gill net:
(1) terminates at the time of the violation; and
(2) may not be reinstated.
SECTION 30. IC 14-22-14-23 IS REPEALED [EFFECTIVE JULY
1, 2022]. Sec. 23. (a) A person who has a commercial fishing license
must keep accurate records of each day's catch showing the following:
(1) The number of pounds of each kind of fish taken.
(2) The locality fished.
(3) The kind and amount of fishing gear employed.
(4) The length of time each unit of gear was fished without being
lifted.
(5) Other information the commission considers to be relevant
under this chapter.
(b) Before the sixteenth day of each month, each person holding a
commercial fishing license shall report, under oath when requested to
do so, all the data for the preceding month required under subsection
(a) to the director upon forms furnished by the director. The reports
required by this section shall be made each month whether or not any
fish were taken during the preceding month. If no fish were taken, that
fact shall be noted.
SECTION 31. IC 14-22-14-24 IS REPEALED [EFFECTIVE JULY
1, 2022]. Sec. 24. A commercial fishing license is issued upon the
condition that the licensee agrees to make all reports to the director
required by the following:
(1) This chapter.
(2) Rules adopted under this chapter.
SECTION 32. IC 14-22-14-25 IS REPEALED [EFFECTIVE JULY
1, 2022]. Sec. 25. Inadvertent failure to comply with the terms of:
(1) a license;
(2) this chapter or IC 14-2-12 (before its repeal); or
(3) rules adopted or orders issued under:
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(A) IC 14-2-12 (before its repeal); or
(B) this chapter;
is grounds for suspension of the license for not more than one (1) year.
SECTION 33. IC 14-22-14-26 IS REPEALED [EFFECTIVE JULY
1, 2022]. Sec. 26. (a) Knowing or intentional failure to comply with the
terms of:
(1) a license;
(2) this chapter or IC 14-2-12 (before its repeal); or
(3) rules adopted or orders issued under:
(A) IC 14-2-12 (before its repeal); or
(B) this chapter;
is grounds for revocation of the license.
(b) A license revoked under this section may not be reinstated.
SECTION 34. IC 14-22-14-27 IS REPEALED [EFFECTIVE JULY
1, 2022]. Sec. 27. (a) The director may do all things necessary to carry
out this chapter.
(b) The commission shall adopt rules under IC 4-22-2 to implement
this chapter.
SECTION 35. IC 14-22-17 IS REPEALED [EFFECTIVE JULY 1,
2022]. (Mussels License).
SECTION 36. IC 14-22-18-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 4. Section 2 of this
chapter does not authorize a resident to fish during a free sport fishing
day in violation of the license requirements set forth in the following:
(1) IC 14-22-13.
(2) IC 14-22-14.
(3) (2) IC 14-22-15.
(4) (3) IC 14-22-16.
(5) IC 14-22-17.
SECTION 37. IC 14-22-20-1, AS AMENDED BY P.L.195-2017,
SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 1. (a) The owner of a hunting preserve licensed
under IC 15-17-14.7 is not required to obtain a game breeder's license
under this section.
(b) The owner of a cervidae livestock operation under IC 15-17-14.5
is not required to obtain a game breeder's license under this section.
(c) The department may, under rules adopted under IC 4-22-2, issue
to a resident of Indiana, upon the payment of a minimum fee of fifteen
dollars ($15), a license to:
(1) propagate in captivity; and
(2) possess, buy, or sell; for this purpose only;
game birds game mammals, or furbearing mammals or wild animals
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protected by Indiana law.
(d) The fee in subsection (c) is subject to IC 14-22-2-10.
SECTION 38. IC 14-22-20-2, AS AMENDED BY P.L.151-2012,
SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 2. (a) A license issued under this chapter
authorizes the possession or sale of nonmigratory game birds game
mammals, or furbearing mammals for breeding purposes, for release,
or for food purposes or wild animals. An individual who:
(1) acquires a furbearing mammal wild animal alive, legally in
open season; or
(2) purchases the game bird or mammal wild animal from a
licensed game breeder;
may apply for a breeder's license within five (5) days after acquiring
the animal from the licensed game breeder or within five (5) days after
the last day of the open season for the animal. Otherwise, the animal
shall be released.
(b) The commission shall adopt rules under IC 4-22-2 to
implement this section.
SECTION 39. IC 14-22-20-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 3. An animal raised
domestically by an out-of-state breeder may be imported into Indiana.
and sold for food purposes. A purchaser of such an animal raised
domestically by an out-of-state breeder must be able to show legal
proof of out-of-state origin for all animals possessed.
SECTION 40. IC 14-22-26-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 1. This chapter does not
apply to licensed the following licenses:
(1) Commercial animal dealers, breeders, or exhibitors licensed
by the United States Department of Agriculture for species of
wild and exotic animals that can be possessed without a
permit or license from the department under this article.
(2) Zoological parks.
(3) Circuses or carnivals.
(4) Research facilities and universities licensed or registered
with the United States Department of Agriculture.
(5) An organization or a person temporarily housing a wild
animal at the request of the department.
SECTION 41. IC 14-22-26-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 2. As used in this
chapter, "zoological park" means
(1) a permanent establishment that is a member of accredited by
the American Association of Zoological Parks Zoos and
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Aquariums. or
(2) an agency of local government, open to and administered for
the public, to provide education, conservation, and preservation
of the earth's fauna.
SECTION 42. IC 14-22-26-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 3. The director may
adopt rules under IC 4-22-2 to require and issue the following:
(1) A permit to possess a wild animal protected by statute or rule.
(2) A permit to possess a wild animal that may be harmful or
dangerous to plants people, or domestic animals, or wild
animals. A separate permit is required for each wild animal
described in this subdivision.
SECTION 43. IC 14-22-26-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 5. (a) If an emergency
exists, the director may summarily suspend a permit issued under this
chapter. The director may summarily seize and hold an animal for
which a permit is required under this chapter, pending the outcome of
the proceedings under this section, if either of the following conditions
exist:
(1) A permit has not been issued to possess the animal.
(2) A permit has been issued to possess the animal, but the
director believes that an emergency exists because at least one (1)
of the following conditions exists:
(A) The animal is in a position to harm another animal.
(B) The life or health of the animal is in peril.
(b) After suspending a permit or seizing and holding an animal
under subsection (a), the department shall proceed as quickly as
feasible to provide the opportunity for completed adjudicative
proceedings under IC 4-21.5. The proceedings may result in the
revocation, temporary suspension, or modification of the permit.
Provision may be made for a final disposition with respect to the wild
animal, including confiscation of the animal. IC 4-21.5 provides the
exclusive remedy available to a person aggrieved by a determination
of the department under this section.
(c) The director may contract with experts in the handling of
animals for which a permit is required under this chapter to assist the
director in seizing and holding an animal under this section. A person
who seizes and holds an animal under a contract with the director is not
subject to legal action arising from the seizure or holding to the same
extent as if the person was an employee of the department.
(d) The owner of an animal seized under this section is liable for the
costs of seizing and holding the animal and of the proceedings under
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this section, including a trial, if any.
(e) A law enforcement officer or an employee of the department
is not liable for the destruction of a permitted animal that escapes
an enclosure and poses a threat to public safety.
SECTION 44. IC 14-28-1-22, AS AMENDED BY P.L.21-2021,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 22. (a) As used in subsection (b)(1) with respect
to a stream, "total length" means the length of the stream, expressed in
miles, from the confluence of the stream with the receiving stream to
the upstream or headward extremity of the stream, as indicated by the
solid or dashed, blue or purple line depicting the stream on the most
current edition of the seven and one-half (7 1/2) minute topographic
quadrangle map published by the United States Geological Survey,
measured along the meanders of the stream as depicted on the map.
(b) This section does not apply to the following:
(1) A reconstruction or maintenance project (as defined in
IC 36-9-27) on a stream or an open regulated drain if the total
length of the stream or open drain is not more than ten (10) miles.
(2) A construction or reconstruction project on a state or county
highway bridge in a rural area that crosses a stream having an
upstream drainage area of not more than fifty (50) square miles
and the relocation of utility lines associated with the construction
or reconstruction project if confined to an area not more than one
hundred (100) feet from the limits of the highway construction
right-of-way.
(3) The performance of an activity described in subsection (c)(1)
or (c)(2) by a surface coal mining operation that is operated under
a permit issued under IC 14-34.
(4) Any other activity that is determined by the commission,
according to rules adopted under IC 4-22-2, to pose not more than
a minimal threat to floodway areas.
(5) An activity in a boundary river floodway to which section 26.5
of this chapter applies.
(6) The removal of a logjam or mass of wood debris that has
accumulated in a river or stream, subject to the following
conditions:
(A) Work must not be within a salmonid stream designated
under 327 IAC 2-1.5-5 without the prior written approval of
the department's division of fish and wildlife.
(B) Work must not be within a natural, scenic, or recreational
river or stream designated under 312 IAC 7-2.
(C) Except as otherwise provided in Indiana law, free logs or
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affixed logs that are crossways in the channel must be cut,
relocated, and removed from the floodplain. Logs may be
maintained in the floodplain if properly anchored or otherwise
secured so as to resist flotation or dislodging by the flow of
water and placement in an area that is not a wetland. Logs
must be removed and secured with a minimum of damage to
vegetation.
(D) Isolated or single logs that are embedded, lodged, or
rooted in the channel, and that do not span the channel or
cause flow problems, must not be removed unless the logs are
either of the following:
(i) Associated with or in close proximity to larger
obstructions.
(ii) Posing a hazard to agriculture, business, navigation, or
property.
(E) A leaning or severely damaged tree that is in immediate
danger of falling into the waterway may be cut and removed.
if the tree is associated with or in close proximity to an
obstruction. The root system and stump of the tree must be left
in place.
(F) To the extent practicable, the construction of access roads
must be minimized, and should not result in the elevation of
the floodplain.
(G) To the extent practicable, work should be performed
exclusively from one (1) side of a waterway. Crossing the bed
of a waterway is prohibited.
(H) To prevent the flow of sediment laden water back into the
waterway, appropriate sediment control measures must be
installed.
(I) Within fifteen (15) days, all bare and disturbed areas must
be revegetated with a mixture of grasses and legumes. Tall
fescue must not be used under this subdivision, except that low
endophyte tall fescue may be used in the bottom of the
waterway and on side slopes.
(c) A person who desires to:
(1) erect, make, use, or maintain a structure, an obstruction, a
deposit, or an excavation; or
(2) suffer or permit a structure, an obstruction, a deposit, or an
excavation to be erected, made, used, or maintained;
in or on a floodway must file with the director a verified written
application for a permit accompanied by a nonrefundable minimum fee
of two hundred dollars ($200).
HEA 1103 — Concur 13
(d) The application for a permit must set forth the material facts
together with plans and specifications for the structure, obstruction,
deposit, or excavation.
(e) An applicant must receive a permit from the director for the
work before beginning construction. The director shall issue a permit
only if in the opinion of the director the applicant has clearly proven
that the structure, obstruction, deposit, or excavation will not do any of
the following:
(1) Adversely affect the efficiency of or unduly restrict the
capacity of the floodway.
(2) Constitute an unreasonable hazard to the safety of life or
property.
(3) Result in unreasonably detrimental effects upon fish, wildlife,
or botanical resources.
(f) In deciding whether to issue a permit under this section, the
director shall consider the cumulative effects of the structure,
obstruction, deposit, or excavation. The director may incorporate in and
make a part of an order of authorization conditions and restrictions that
the director considers necessary for the purposes of this chapter.
(g) A permit issued under this section:
(1) is valid for two (2) years after the issuance of the permit;
(2) to:
(A) the Indiana department of transportation or a county
highway department if there is any federal funding for the
project; or
(B) an electric utility for the construction of a power
generating facility;
is valid for five (5) years from the date of issuance; and
(3) is valid for the duration of a permitted project subject to
periodic compliance evaluations for a quarrying or aggregate
company for the excavation of industrial materials, including:
(A) clay and shale;
(B) crushed limestone and dolostone;
(C) dimension limestone;
(D) dimension sandstone;
(E) gypsum;
(F) peat;
(G) construction sand and gravel; and
(H) industrial sand.
However, a permit issued under this section expires if construction is
not commenced within two (2) years after the permit is issued. Except
as provided under section 22.1 of this chapter, a permit that is active
HEA 1103 — Concur 14
and was issued under subdivision (1) before July 1, 2014, is valid for
two (2) years beginning July 2014, and a permit that is active and was
issued under subdivision (2) before July 1, 2014, is valid for five (5)
years beginning July 2014.
(h) The holder of a permit issued under subsection (g)(3) shall
notify the commission within six (6) months of completing the
permitted project.
(i) A permit issued under:
(1) subsection (g)(1) may be renewed one (1) time for a period not
to exceed two (2) additional years; and
(2) subsection (g)(2) may be renewed one (1) time for a period not
to exceed five (5) additional years.
(j) The director shall send a copy of each permit issued under this
section to each river basin commission organized under:
(1) IC 14-29-7 or IC 13-2-27 (before its repeal); or
(2) IC 14-13-9, IC 14-30-1 (before its repeal), or IC 36-7-6
(before its repeal);
that is affected.
(k) The permit holder shall post and maintain a permit issued under
this section at the authorized site.
(l) For the purposes of this chapter, the lowest floor of a building,
including a residence or abode, that is to be constructed or
reconstructed in the one hundred (100) year floodplain of an area
protected by a levee that is:
(1) inspected; and
(2) found to be in good or excellent condition;
by the United States Army Corps of Engineers shall not be lower than
the one hundred (100) year frequency flood elevation plus one (1) foot.
SECTION 45. IC 14-28-1-23, AS AMENDED BY P.L.90-2020,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 23. (a) The director may remove or eliminate a
structure, an obstruction, a deposit, or an excavation in a floodway that:
(1) adversely affects the efficiency of or unduly restricts the
capacity of the floodway;
(2) constitutes an unreasonable hazard to the safety of life or
property; or
(3) is unreasonably detrimental to fish, wildlife, or botanical
resources;
by an action in condemnation.
(b) In assessing the damages in the proceedings, the appraisers and
the court shall take into consideration whether the structure,
obstruction, deposit, or excavation is legally in or on the floodway.
HEA 1103 — Concur 15
(c) Beginning January 1, 2020, January 1, 2022, the director shall
not exercise the authority under subsection (a) to remove or eliminate
an abode or residence from a floodway if:
(1) the abode or residence was constructed before January 1,
2020; January 1, 2022;
(2) the owner of the abode or residence has taken necessary
measures to elevate the lowest floor of the abode or residence, as
reconstructed, including the basement, to at least two (2) feet
above the one hundred (100) year flood elevation within two (2)
years after receiving notification from the department concerning
the abode or residence; and
(3) the owner of the abode or residence has taken necessary
measures to comply with all applicable local, state, and federal
floodway regulations.
SECTION 46. IC 14-28-1-39 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 39. (a) Before July 1, 2023, the
department shall adopt a license for the following activities in a
floodway:
(1) Removal of trees.
(2) Channel maintenance.
(3) Bank reconstruction, repair, and stabilization.
(b) This section expires July 1, 2024.
SECTION 47. IC 14-28-1-40 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 40. A local floodplain
administrator shall utilize the best floodplain mapping data
available as provided by the department and located on the
Indiana Floodplain Information Portal when reviewing a permit
application for a structure or a construction activity in, or near, a
floodplain.
SECTION 48. IC 14-34-4-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 5. (a) If written
objections are filed and an informal conference or a public hearing is
requested, the director shall hold the conference or public hearing in
the locality of the proposed surface coal mining operation within a
reasonable time of receipt of the objections or request. The director
shall advertise in a newspaper of general circulation in the county in
which the proposed surface coal mining operation is located at least
two (2) weeks before the scheduled conference or public hearing the
date, time, and location of the conference or public hearing.
(b) The director may arrange with the applicant, upon request by
HEA 1103 — Concur 16
any party to the administrative proceeding, access to the proposed
mining area for the purpose of gathering information relevant to the
proceeding.
(c) An electronic or a stenographic record shall be made of the
conference or public hearing. unless waived by all parties. The director
shall maintain the record and have the record accessible to the parties
until final release of the applicant's performance bond.
(d) The director may not hold the conference or public hearing if
any of the following conditions exist:
(1) All parties requesting the conference or public hearing
stipulate agreement before the conference or public hearing and
withdraw their request.
(2) The request fails to comply with the requirements of section
4 of this chapter.
(3) The objections do not concern a matter within the scope of
this article or the commission's rules.
SECTION 49. IC 25-36.5-1-2.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 2.1. (a) A contract to purchase
timber must be in writing pursuant to:
(1) the Uniform Commercial Code (IC 26-1); and
(2) the rules adopted by the department.
(b) No person shall engage in the purchase of timber with a
timber grower without a written contract as described in
subsection (a).
(c) Each timber purchase without a written contract constitutes
a separate and distinct violation under this chapter.
(d) Failure to have a written contract to purchase timber does
not limit the remedies available to a timber grower under this
chapter.
SECTION 50. IC 25-36.5-1-3.2, AS AMENDED BY P.L.57-2013,
SECTION 86, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 3.2. (a) This section refers to an adjudicative
proceeding against:
(1) a timber buyer; or
(2) a person who cuts timber but is not a timber buyer (referred to
as a "timber cutter" in this section).
(b) The department may under IC 4-21.5-3-8 commence a
proceeding against a timber buyer or a timber cutter if there is reason
to believe that:
(1) the timber buyer or timber cutter has acquired timber from a
timber grower under a written contract for the sale of the timber
HEA 1103 — Concur 17
without payment having been made to the timber grower as
specified in the contract; or
(2) if:
(A) there is no written contract for the sale of the timber; or
(B) there is a written contract for the sale of the timber but the
contract does not set forth the purchase price for the timber;
the timber buyer or timber cutter has cut timber or acquired
timber from the timber grower without payment having been
made to the timber grower equal to the value of the timber as
determined under IC 26-1-2.
(c) A proceeding may be commenced under this section at the
request of a timber grower.
(d) The necessary parties to a proceeding initiated under this section
are:
(1) the timber grower; and
(2) the timber buyer or timber cutter.
(e) After the commencement of a proceeding under this section
through the service of a complaint under IC 4-21.5-3-8, a party to the
proceeding may move for the joinder of any of the following persons
having a relationship to the site or subject of the complaint:
(1) The surety of the timber buyer.
(2) A timber buyer.
(3) A timber cutter.
(4) A landowner.
(5) An owner of land adjacent to the land from which the timber
was cut.
(6) A consultant receiving a fee for services related to the timber.
(7) A professional surveyor performing an American Land Title
Association and American Congress on Surveying and Mapping
(ALTA/ACSM) land title survey.
(8) The department of natural resources, if the department has a
relationship to the site or subject of the complaint as a landowner
or owner of adjacent land.
(f) The complaint served under IC 4-21.5-3-8 to commence a
proceeding under this section may seek the following:
(1) Damages in compensation for damage actually resulting from
the wrongful activities of a timber buyer or timber cutter.
(2) Damages equal to three (3) times the stumpage value of any
timber that is wrongfully cut or appropriated without payment.
(3) Damages for costs associated with a claim or action,
including attorney's fees.
(4) Damages specified by a contract between a timber grower
HEA 1103 — Concur 18
and a timber buyer.
(g) Notwithstanding subsection (f), the liability on the surety bond
of a timber cutter is limited to the value of any timber wrongfully cut
or appropriated.
(h) A proceeding under this section is governed by IC 4-21.5.
Before a hearing is convened in the proceeding, a prehearing
conference shall be conducted to provide the parties with an
opportunity for settlement, including an opportunity for mediation.
(i) In determining the site for a hearing in a proceeding under this
section, the administrative law judge shall consider the convenience of
the parties.
(j) A final agency action in a proceeding under this section must
address all issues of damage and responsibility and, after the
completion of the opportunity for judicial review, may be enforced in
a civil proceeding as a judgment.
SECTION 51. IC 25-36.5-1-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 4. It The following
shall be unlawful and a violation of this chapter:
(a) For any timber buyer to fail to pay, as agreed, for any timber
purchased.
(b) For any timber buyer to cut or cause to be cut or appropriate any
timber not purchased.
(c) For a timber buyer to willfully make any false statement in
connection with the application, bond or other information required to
be given to the department or a timber grower.
(d) For a timber buyer to fail to honestly account to the timber
grower or the department for timber purchased or cut if the buyer is
under a duty to do so. and
(e) For a timber buyer to commit any fraudulent act in connection
with the purchase or cutting of timber.
(f) For a timber buyer to violate a provision of this chapter or
a rule of the department adopted under this chapter.
SECTION 52. IC 25-36.5-1-4.9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 4.9. The director may
refuse to issue a timber buyer registration certificate to an applicant
that has:
(1) been convicted of a felony;
(2) violated a provision of this chapter; or
(3) violated a rule adopted by the department under this chapter;
or
(4) an active or pending suspension of a timber buyer license
under section 16 of this chapter.
HEA 1103 — Concur 19
SECTION 53. IC 25-36.5-1-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 8. (a) The department
may inspect the premises used by any timber buyer in the conduct of
his the timber buyer's business at any reasonable time and the books,
accounts, records and papers of every such timber buyer shall at all
times during business hours be subject to inspection by the department.
(b) A timber buyer shall keep complete and accurate records
and accounts for each transaction. The timber buyer shall retain
records and accounts for not less than five (5) years after a
transaction.
(c) The information obtained under this section is exempt under
IC 5-14-3-4(a)(1). Unless otherwise required by judicial order, the
information obtained under this section may be disclosed only to
the director, the director's designee, or a timber grower.
SECTION 54. IC 25-36.5-1-16 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 16. (a) The director
may revoke, or suspend, deny, or refuse to issue any license or agent's
registration under that license if the applicant or holder of that license
has:
(1) been convicted of a felony;
(2) violated any provision of this chapter; or
(3) violated any rule or regulation of the department promulgated
under this chapter.
Revocation or suspension of a license or an agent's registration shall be
determined by the director after an administrative hearing as provided
in section 12 of this chapter. subsection (d).
(b) The director may suspend a license for not more than ninety
(90) days before a final adjudication if the director finds that the
holder of a timber buyer's license poses a clear and immediate
danger to public health, safety, or property if allowed to continue
to operate.
(c) The director may renew a suspension under subsection (b)
for a period of not more than ninety (90) days. There is no limit to
the number of times the director may renew a suspension.
(d) A proceeding under this chapter to revoke, suspend, deny,
or refuse to issue a license shall be conducted in the manner
prescribed by IC 4-21.5-3.
SECTION 55. IC 31-25-4-32, AS AMENDED BY P.L.150-2018,
SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 32. (a) When the Title IV-D agency finds that an
obligor is delinquent, the Title IV-D agency shall send, to a verified
address, a notice to the obligor that does the following:
HEA 1103 — Concur 20
(1) Specifies that the obligor is delinquent.
(2) Describes the amount of child support that the obligor is in
arrears.
(3) States that unless the obligor:
(A) pays the obligor's child support arrearage in full;
(B) establishes a payment plan with the Title IV-D agency to
pay the arrearage, which includes an income withholding
order; or
(C) requests a hearing under section 33 of this chapter;
within twenty (20) days after the date the notice is mailed, the
Title IV-D agency shall issue an order to the bureau of motor
vehicles stating that the obligor is delinquent and that the
obligor's driving privileges shall be suspended.
(4) Explains that the obligor has twenty (20) days after the notice
is mailed to do one (1) of the following:
(A) Pay the obligor's child support arrearage in full.
(B) Establish a payment plan with the Title IV-D agency to
pay the arrearage, which includes an income withholding order
under IC 31-16-15-2 or IC 31-16-15-2.5.
(C) Request a hearing under section 33 of this chapter.
(5) Explains that if the obligor has not satisfied any of the
requirements of subdivision (4) not later than twenty (20) days
after the notice is mailed, that the Title IV-D agency shall issue a
notice to:
(A) the board or department that regulates the obligor's
profession or occupation, if any, that the obligor is delinquent
and that the obligor may be subject to sanctions under
IC 25-1-1.2, including suspension or revocation of the
obligor's professional or occupational license;
(B) the supreme court disciplinary commission if the obligor
is licensed to practice law;
(C) the department of education established by IC 20-19-3-1
if the obligor is a licensed teacher;
(D) the Indiana horse racing commission if the obligor holds
or applies for a license issued under IC 4-31-6;
(E) the Indiana gaming commission if the obligor holds or
applies for a license issued under IC 4-33 and IC 4-35;
(F) the commissioner of the department of insurance if the
obligor holds or is an applicant for a license issued under
IC 27-1-15.6, IC 27-1-15.8, or IC 27-10-3;
(G) the director of the department of natural resources if the
obligor holds or is an applicant for a license issued by the
HEA 1103 — Concur 21
department of natural resources under:
(i) IC 14-22-12 (fishing, hunting, and trapping licenses);
(ii) IC 14-22-14 (Lake Michigan commercial fishing
license);
(iii) (ii) IC 14-22-16 (bait dealer's license);
(iv) IC 14-22-17 (mussel license);
(v) (iii) IC 14-22-19 (fur buyer's license);
(vi) (iv) IC 14-24-7 (nursery dealer's license); or
(vii) (v) IC 14-31-3 (ginseng dealer's license); or
(H) the alcohol and tobacco commission if the obligor holds or
applies for an employee's permit under IC 7.1-3-18-9(a)(3).
(6) Explains that the only basis for contesting the issuance of an
order under subdivision (3) or (5) is a mistake of fact.
(7) Explains that an obligor may contest the Title IV-D agency's
determination to issue an order under subdivision (3) or (5) by
making written application to the Title IV-D agency not later than
twenty (20) days after the date the notice is mailed.
(8) Explains the procedures to:
(A) pay the obligor's child support arrearage in full; and
(B) establish a payment plan with the Title IV-D agency to pay
the arrearage, which must include an income withholding
order under IC 31-16-15-2 or IC 31-16-15-2.5.
(b) Whenever the Title IV-D agency finds that an obligor is
delinquent and has failed to:
(1) pay the obligor's child support arrearage in full;
(2) establish a payment plan with the Title IV-D agency to pay the
arrearage, which includes an income withholding order under
IC 31-16-15-2 or IC 31-16-15-2.5; or
(3) request a hearing under section 33 of this chapter not later
than twenty (20) days after the date the notice described in
subsection (a) is mailed;
the Title IV-D agency shall issue an order to the bureau of motor
vehicles stating that the obligor is delinquent.
(c) An order issued under subsection (b) must require the following:
(1) If the obligor who is the subject of the order holds a driving
license or permit on the date the order is issued, that the driving
privileges of the obligor be suspended until further order of the
Title IV-D agency.
(2) If the obligor who is the subject of the order does not hold a
driving license or permit on the date the order is issued, that the
bureau of motor vehicles may not issue a driving license or permit
to the obligor until the bureau of motor vehicles receives a further
HEA 1103 — Concur 22
order from the Title IV-D agency.
(d) The Title IV-D agency shall provide the:
(1) full name;
(2) date of birth;
(3) verified address; and
(4) Social Security number or driving license number;
of the obligor to the bureau of motor vehicles.
(e) Whenever the Title IV-D agency finds that an obligor who is an
applicant (as defined in IC 25-1-1.2-1) or a practitioner (as defined in
IC 25-1-1.2-6) is delinquent and the applicant or practitioner has failed
to:
(1) pay the obligor's child support arrearage in full;
(2) establish a payment plan with the Title IV-D agency to pay the
arrearage, which includes an income withholding order under
IC 31-16-15-2 or IC 31-16-15-2.5; or
(3) request a hearing under section 33 of this chapter;
the Title IV-D agency shall issue an order to the board regulating the
practice of the obligor's profession or occupation stating that the
obligor is delinquent.
(f) An order issued under subsection (e) must direct the board or
department regulating the obligor's profession or occupation to impose
the appropriate sanctions described under IC 25-1-1.2.
(g) Whenever the Title IV-D agency finds that an obligor who is an
attorney or a licensed teacher is delinquent and the attorney or licensed
teacher has failed to:
(1) pay the obligor's child support arrearage in full;
(2) establish a payment plan with the Title IV-D agency to pay the
arrearage, which includes an income withholding order under
IC 31-16-15-2 or IC 31-16-15-2.5; or
(3) request a hearing under section 33 of this chapter;
the Title IV-D agency shall notify the supreme court disciplinary
commission if the obligor is an attorney, or the department of education
if the obligor is a licensed teacher, that the obligor is delinquent.
(h) Whenever the Title IV-D agency finds that an obligor who holds
a license issued under IC 4-31-6, IC 4-33, or IC 4-35 has failed to:
(1) pay the obligor's child support arrearage in full;
(2) establish a payment plan with the Title IV-D agency to pay the
arrearage, which includes an income withholding order under
IC 31-16-15-2 or IC 31-16-15-2.5; or
(3) request a hearing under section 33 of this chapter;
the Title IV-D agency shall issue an order to the Indiana horse racing
commission if the obligor holds a license issued under IC 4-31-6, or to
HEA 1103 — Concur 23
the Indiana gaming commission if the obligor holds a license issued
under IC 4-33 or IC 4-35, stating that the obligor is delinquent and
directing the commission to impose the appropriate sanctions described
in IC 4-31-6-11, IC 4-33-8.5-3, or IC 4-35-6.7-2.
(i) Whenever the Title IV-D agency finds that an obligor who holds
a license issued under IC 27-1-15.6, IC 27-1-15.8, or IC 27-10-3 has
failed to:
(1) pay the obligor's child support arrearage in full;
(2) establish a payment plan with the Title IV-D agency to pay the
arrearage, which includes an income withholding order under
IC 31-16-15-2 or IC 31-16-15-2.5; or
(3) request a hearing under section 33 of this chapter;
the Title IV-D agency shall issue an order to the commissioner of the
department of insurance stating that the obligor is delinquent and
directing the commissioner to impose the appropriate sanctions
described in IC 27-1-15.6-29 or IC 27-10-3-20.
(j) Whenever the Title IV-D agency finds that an obligor who holds
a license issued by the department of natural resources under
IC 14-22-12, IC 14-22-14, IC 14-22-16, IC 14-22-17, IC 14-22-19,
IC 14-24-7, or IC 14-31-3 has failed to:
(1) pay the obligor's child support arrearage in full;
(2) establish a payment plan with the Title IV-D agency to pay the
arrearage, which includes an income withholding order under
IC 31-16-15-2 or IC 31-16-15-2.5; or
(3) request a hearing under section 33 of this chapter;
the Title IV-D agency shall issue an order to the director of the
department of natural resources stating that the obligor is delinquent
and directing the director to suspend or revoke a license issued to the
obligor by the department of natural resources as provided in
IC 14-11-3.
(k) If the Title IV-D agency finds that an obligor who holds an
employee's permit issued under IC 7.1-3-18-9(a)(3) has failed to:
(1) pay the obligor's child support arrearage in full;
(2) establish a payment plan with the Title IV-D agency to pay the
arrearage, which includes an income withholding order under
IC 31-16-15-2 or IC 31-16-15-2.5; or
(3) request a hearing under section 33 of this chapter;
the Title IV-D agency shall issue an order to the alcohol and tobacco
commission stating that the obligor is delinquent and directing the
alcohol and tobacco commission to impose the appropriate sanctions
under IC 7.1-3-23-44.
(l) A person's most recent address on file with the bureau constitutes
HEA 1103 — Concur 24
a verified address for purposes of this section.
(m) When an obligor who was the subject of an order issued by the
Title IV-D agency under subsection (b), (e), (g), (h), (i), (j), or (k) has:
(1) paid the obligor's child support arrearage in full; or
(2) established a payment plan with the Title IV-D agency to pay
the arrearage, which includes an income withholding order under
IC 31-16-15-2 or IC 31-16-15-2.5;
the Title IV-D agency shall provide notice to the appropriate entity
under subsection (b), (e), (g), (h), (i), (j), or (k) that the obligor has
addressed the delinquency.
SECTION 56. IC 31-25-4-34, AS AMENDED BY P.L.150-2018,
SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 34. (a) As used in this section, "board" has the
meaning set forth in IC 25-1-1.2-2.
(b) If an obligor holds a license issued by a board and requests a
hearing under section 33 of this chapter but fails to appear or appears
and is found to be delinquent, the Title IV-D agency shall issue an
order to the board that issued the obligor's license:
(1) stating that the obligor is delinquent; and
(2) requiring the board to comply with the actions required under
IC 25-1-1.2-8.
(c) If an obligor holds a license issued under IC 4-31-6, IC 4-33, or
IC 4-35 and requests a hearing under section 33 of this chapter but fails
to appear or appears and is found to be delinquent, the Title IV-D
agency shall issue an order to the:
(1) Indiana horse racing commission, if the obligor holds a license
issued under IC 4-31-6; or
(2) Indiana gaming commission, if the obligor holds a license
issued under IC 4-33 or IC 4-35;
stating that the obligor is delinquent and requiring the commission to
comply with the actions required under IC 4-31-6-11, IC 4-33-8.5-3, or
IC 4-35-6.7-2.
(d) If an obligor holds a license issued under IC 27-1-15.6,
IC 27-1-15.8, or IC 27-10-3 and requests a hearing under section 33 of
this chapter but fails to appear or appears and is found to be delinquent,
the Title IV-D agency shall issue an order to the commissioner of the
department of insurance:
(1) stating that the obligor is delinquent; and
(2) requiring the commissioner to comply with the actions
required under IC 27-1-15.6-29 or IC 27-10-3-20.
(e) If an obligor holds a license issued by the department of natural
resources under IC 14-22-12, IC 14-22-14, IC 14-22-16, IC 14-22-17,
HEA 1103 — Concur 25
IC 14-22-19, IC 14-24-7, or IC 14-31-3 and requests a hearing under
section 33 of this chapter but fails to appear, or appears and is found to
be delinquent, the Title IV-D agency shall issue an order to the director
of the department of natural resources:
(1) stating that the obligor is delinquent; and
(2) requiring the director to suspend or revoke a license issued by
the department as provided in IC 14-11-3.
(f) If an obligor:
(1) holds an employee's permit issued under IC 7.1-3-18-9(a)(3);
and
(2) requests a hearing under section 33 of this chapter but fails to
appear or appears and is found to be delinquent;
the Title IV-D agency shall issue an order to the alcohol and tobacco
commission stating that the obligor is delinquent and requiring the
commission to impose the appropriate sanctions under IC 7.1-3-23-44.
(g) When an obligor who was the subject of an order issued by the
Title IV-D agency under subsection (b), (c), (d), (e), or (f) has:
(1) paid the obligor's child support arrearage in full; or
(2) established a payment plan with the Title IV-D agency to pay
the arrearage, which includes an income withholding order under
IC 31-16-15-2 or IC 31-16-15-2.5;
the Title IV-D agency shall provide notice to the appropriate entity
under subsection (b), (c), (d), (e), or (f) that the obligor has addressed
the delinquency.
SECTION 57. IC 35-52-14-25 IS REPEALED [EFFECTIVE JULY
1, 2022]. Sec. 25. IC 14-22-14-22 defines a crime concerning fishing
licenses.
SECTION 58. IC 35-52-14-26.5 IS REPEALED [EFFECTIVE
JULY 1, 2022]. Sec. 26.5. IC 14-22-17-2 defines a crime concerning
mussel licenses.
HEA 1103 — Concur Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
HEA 1103 — Concur