LEGISLATIVE SERVICES AGENCY OFFICE OF FISCAL AND MANAGEMENT ANALYSIS FISCAL IMPACT STATEMENT LS 6054 NOTE PREPARED: Jan 30, 2025 BILL NUMBER: SB 121 BILL AMENDED: Jan 28, 2025 SUBJECT: Restrictions on Using Nets or Traps for Minnows. FIRST AUTHOR: Sen. Deery BILL STATUS: As Passed Senate FIRST SPONSOR: Rep. Goss-Reaves FUNDS AFFECTED:XGENERAL IMPACT: State XDEDICATED FEDERAL Summary of Legislation: The bill prohibits the use of specific devices to take minnows from a waterway unless certain conditions are met. It provides an exemption for bait dealers and individuals with a scientific purposes license. The bill requires, not later than July 1, 2030, that the Department of Natural Resources (DNR) submit a report to Legislative Council regarding Sugar Creek's environmental condition and the status of the fish and wildlife population at Sugar Creek. Effective Date: July 1, 2025. Explanation of State Expenditures: The bill could minimally increase workload for the DNR to submit a report by July 1, 2030 and for the DNR's Law Enforcement Division to enforce the provisions of the bill, but should be able to be implemented using existing staffing and resources. Explanation of State Revenues: Revenue could increase to the Conservation Officers Fish and Wildlife Fund if a person violates the bill’s provisions and is assessed a fine. Revenue could also minimally increase to the Fish and Wildlife Fund if a person chose to obtain a bait dealers license for $20 to avoid the restrictions in the bill, which do not apply to a bait dealer licensed by the DNR. (The scientific purposes license is only available to certain qualified individuals.) Penalty Provision: A person who violates a fish and wildlife law, unless otherwise specified, commits a Class C infraction. It is a Class C misdemeanor if the violation is knowing or intentional. If additional court cases occur and fines are collected, revenue to both the Common School Fund (from fines) and the state General Fund (from court fees) would increase. The maximum fine for a Class C infraction or a Class C misdemeanor is $500. The total fee revenue per case would range between between $85.50 and $138. The amount of court fees deposited will vary depending on whether the case is filed in a court of record or a municipal court. The following linked document describes the fees and distribution of the revenue: Court fees imposed in criminal, juvenile, and civil violation cases. SB 121 1 Explanation of Local Expenditures: Penalty Provision: A Class C misdemeanor is punishable by up to 60 days in jail. Explanation of Local Revenues: Penalty Provision: If additional court actions occur and a judgement or guilty verdict is entered, more revenue will be collected by certain local units. If the case is filed in a court of record, the county will receive $33.90 to $47.40, and qualifying municipalities will receive a share of $2.10 to $3.60, depending on whether the offense is an infraction or a misdemeanor. If the case is filed in a municipal court, the county receives $20 to $30, and the municipality will receive $33.50 to $46. The following linked document describes the fees and distribution of the revenue: Court fees imposed in criminal, juvenile, and civil violation cases. State Agencies Affected: Department of Natural Resources. Local Agencies Affected: Trial courts, local law enforcement agencies. Information Sources: State Form 3071 (R10 / 6-22), Application for Indiana Bait Dealer’s License; State Form 51815 (R2 / 6-13), Application for Special Purposes Educational Permit; Indiana Supreme Court, Indiana Trial Court Fee Manual; IC 14-22-38; https://www.in.gov/dnr/fish-and-wildlife/licenses-and-permits/permits-commercial-licenses; https://www.in.gov/nrc/files/nrc-Jan-2023-Minutes.pdf; https://www.in.gov/nrc/files/nrc_May_2023_Minutes.pdf. Fiscal Analyst: Heather Puletz, 317-234-9484. SB 121 2