Introduced Version
HOUSE BILL No. 1279
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 4-13-1-3; IC 4-20.5; IC 5-13-6-1;
IC 6-1.1-6-19; IC 14-9-4-1; IC 14-18-1.5; IC 14-22; IC 14-24;
IC 14-25-1-8; IC 14-34-6-15; IC 14-37-10-3.
Synopsis: Various natural resources matters. Moves the state land
office from the Indiana department of administration to the department
of natural resources (DNR). Increases the amount that an office of
DNR or the department of state revenue must deposit on the business
day following receipt from $100 to $500. Increases the time period
within which each parcel of land classified as native forest land, a
forest plantation, or wildlands must be inspected from five years to
seven years. Allows the director of DNR to give certain individuals
permission to spotlight wild animals or use a silencer. Requires that
hunting license stamps be electronically generated. Removes the
requirement that commemorative stamps be furnished to the circuit
court. Allows fishing by means of a crossbow. Removes the authority
for an individual with a hunting, trapping, or fishing license to ship,
carry, or take outside Indiana in one week more than two times the
possession limit for the wild animal. Makes the invasive species pilot
program a permanent program. Removes certain conditions on the right
of a nonresident who owns farmland in Indiana (and of the spouse and
children who reside with the nonresident) to hunt, fish, and trap on the
farmland without a license. Repeals the prohibition on racoon hunting
by nonresidents. Removes a provision allowing a federal Fish and
Wildlife Service officer or a conservation officer from another
jurisdiction to hunt or fish in Indiana after obtaining a resident license.
Requires a business that sells or barters live minnows or crayfish to
have a bait dealer's license. (Current law requires a business that takes,
(Continued next page)
Effective: July 1, 2012.
Eberhart
January 11, 2012, read first time and referred to Committee on Natural Resources.
Digest Continued
catches, sells, or barters live minnows or crayfish to have a bait dealer's
license.) Increases the number of annual free sport fishing days that
may be designated from two to four. Allows the sale of game and
furbearing mammals for food purposes under a game breeding license.
Removes swamp rabbits from the list of exempted animals under a
game breeding license. Requires all individuals to have a hunting
license to shoot on a shooting preserve, and removes the requirement
that nonresidents have a special license to shoot on shooting preserves.
Removes authority of a meat processing facility to give properly tagged
deer meat that is not claimed to another person. Provides that the
entirety of an area declared to be infested with a pest or pathogen must
be operated according to standards of the natural resources commission
(commission). (Current law specifies the infested area in terms of
portions of townships.) Changes the nursery stock certificate expiration
date from September 30 to December 31. Changes the procedures that
the commission must follow when mediating surface water disputes.
Establishes the reclamation cash bond account within the post-1977
abandoned mine reclamation fund. Requires that bonds forfeited under
the abandoned oil and gas well law be placed in the oil and gas
environmental fund. Makes technical and conforming changes.
Introduced
Second Regular Session 117th General Assembly (2012)
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 2011 Regular Session of the General Assembly.
HOUSE BILL No. 1279
A BILL FOR AN ACT to amend the Indiana Code concerning
natural and cultural resources.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 4-13-1-3; (12)IN1279.1.1. -->
SECTION 1. IC 4-13-1-3 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 3. (a) The department consists of
the following divisions:
(1) General services.
(2) Property management.
(3) Information services.
(4) Public works.
(5) State land office.
(b) The commissioner may do the following:
(1) Organize the department and its divisions.
(2) Transfer or merge functions between divisions in the interest
of economy and efficiency.
(3) Terminate certain divisions within the department whenever
possible.
(c) The commissioner may exercise direction and supervision over
the divisions in the performance of their respective functions, subject
to the approval of the governor.
SOURCE: IC 4-20.5-1-9; (12)IN1279.1.2. -->
SECTION 2. IC 4-20.5-1-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 9. "Land office" refers
to the state land office division of the department of natural resources
established by IC 4-20.5-2-1. IC 14-18-1.5-1.
SOURCE: IC 4-20.5-2; (12)IN1279.1.3. -->
SECTION 3. IC 4-20.5-2 IS REPEALED [EFFECTIVE JULY 1,
2012]. (The State Land Office).
SOURCE: IC 5-13-6-1; (12)IN1279.1.4. -->
SECTION 4. IC 5-13-6-1, AS AMENDED BY P.L.234-2007,
SECTION 295, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 1. (a) All public funds paid into the
treasury of the state or the treasuries of the respective political
subdivisions shall be deposited not later than the business day
following the receipt of funds on business days of the depository in one
(1) or more depositories in the name of the state or political subdivision
by the officer having control of the funds.
(b) Except as provided in subsections (d), (f), and (g), all public
funds collected by state officers, other than the treasurer of state, shall
be deposited with the treasurer of state, or an approved depository
selected by the treasurer of state not later than the business day
following the receipt of the funds. The treasurer of state shall deposit
daily on business days of the depository all public funds deposited with
the treasurer of state. Deposits do not relieve any state officer from the
duty of maintaining a cashbook under IC 5-13-5-1.
(c) Except as provided in subsection (d), all local officers, except
township trustees, who collect public funds of their respective political
subdivisions, shall deposit funds not later than the business day
following the receipt of funds on business days of the depository in the
depository or depositories selected by the several local boards of
finance that have jurisdiction of the funds. The public funds collected
by township trustees shall be deposited in the designated depository on
or before the first and fifteenth day of each month. Public funds
deposited under this subsection shall be deposited in the same form in
which they were received.
(d) A city (other than a consolidated city) or a town shall deposit
funds not later than the next business day following the receipt of the
funds in depositories:
(1) selected by the city or town as provided in an ordinance
adopted by the city or the town; and
(2) approved as depositories of state funds.
(e) All local investment officers shall reconcile at least monthly the
balance of public funds, as disclosed by the records of the local
officers, with the balance statements provided by the respective
depositories.
(f) An office of:
(1) the department of natural resources; or
(2) the department of state revenue;
that is detached from the main office of the department is not required
to deposit funds on the business day following receipt if the funds on
hand do not exceed one hundred dollars ($100). five hundred dollars
($500). However, the office must deposit the funds on hand not later
than the business day following the day that the funds exceed one
hundred dollars ($100). five hundred dollars ($500).
(g) An office of the legislative branch of state government is not
required to deposit funds on the business day following receipt if the
funds on hand do not exceed one hundred dollars ($100). However, the
office must deposit the funds on hand not later than the business day
following the day that the funds exceed one hundred dollars ($100).
SOURCE: IC 6-1.1-6-19; (12)IN1279.1.5. -->
SECTION 5. IC 6-1.1-6-19, AS AMENDED BY P.L.66-2006,
SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 19. At least once every five (5) seven (7) years the
state forester, or the state forester's deputy, shall inspect each parcel of
land which is classified as native forest land, a forest plantation, or
wildlands. On each inspection trip the state forester, or the state
forester's deputy, shall, if possible, have the owner go over the parcel
with the state forester and shall point out to the owner any needed
improvement. In addition, the state forester shall give the owner a
written report of the inspection and the state forester's
recommendations. A permanent record of each inspection shall be
maintained in the office of the state forester.
SOURCE: IC 14-9-4-1; (12)IN1279.1.6. -->
SECTION 6. IC 14-9-4-1, AS AMENDED BY P.L.167-2011,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 1. The following divisions are established within
the department:
(1) Accounting.
(2) Administrative support services.
(3) Budget.
(4) Engineering.
(5) Entomology and plant pathology.
(6) Fish and wildlife.
(7) Forestry.
(8) Historic preservation and archeology.
(9) Human resources.
(10) Internal audit.
(11) Land acquisition.
(12) Law enforcement.
(13) Management information systems.
(14) Nature preserves.
(15) Oil and gas.
(16) Outdoor recreation.
(17) Public information and education.
(18) Reclamation.
(19) Reservoir management.
(20) Safety and training.
(21) State parks.
(22) Water.
(23) State land office.
SOURCE: IC 14-18-1.5; (12)IN1279.1.7. -->
SECTION 7. IC 14-18-1.5 IS ADDED TO THE INDIANA CODE
AS A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]:
Chapter 1.5. The State Land Office
Sec. 1. The state land office is established as a division of the
department.
Sec. 2. The director shall provide for the organization and
management of the state land office.
Sec. 3. (a) This section does not apply to the following:
(1) An instrument or a document of either of the following:
(A) The Indiana department of transportation.
(B) A state educational institution.
(2) A lease of property for a term of four (4) years or less.
(b) The state land office shall serve as the repository for any
instrument relating to past or current ownership or possession of
property by the state.
Sec. 4. (a) The state land office shall prepare and maintain
property record maps and plats of property owned by the state,
whether owned in the past or currently owned.
(b) The maps and plats maintained by the state land office must
include the following information:
(1) Maps showing each county and the boundaries of each
county.
(2) Plats of each parcel of property owned by the state,
showing the metes and bounds of the parcel.
The maps and plats must show the appropriate townships, ranges,
sections, parts of sections, and other appropriate geographic
information.
(c) The state land office may maintain appropriate materials to
assist the state land office in developing and maintaining the
property records required by this section, including the following:
(1) Aerial photography.
(2) United States Geographical Survey maps.
(3) Commercial and governmental plat books.
(4) Survey plats and notes prepared for agencies by registered
land surveyors.
Sec. 5. (a) Subject to IC 5-14-3, the state land office shall
provide copies of records maintained by the state land office.
(b) The director shall establish a reasonable copying charge for
copies of records that are not standard sized documents (as defined
by IC 5-14-3-2) provided by the state land office.
Sec. 6. The commission may adopt rules under IC 4-22-2 to
implement this chapter.
Sec. 7. (a) The rules adopted by the Indiana department of
administration before July 1, 2012, concerning the state land office
are considered, after June 30, 2012, rules of the commission. A
reference to the state land office within the Indiana department of
administration in a statute, rule, or other document before July 1,
2012, is considered a reference to the state land office within the
department.
(b) All powers, duties, assets, liabilities, records, property,
appropriations, and employees of the state land office within the
Indiana department of administration on June 30, 2012, are
transferred to the state land office within the department.
SOURCE: IC 14-22-6-7; (12)IN1279.1.8. -->
SECTION 8. IC 14-22-6-7, AS AMENDED BY P.L.13-2007,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 7. (a) This section does not apply to an employee
of the department, or an employee of a federal wildlife management
agency, or an individual who:
(1) is acting in the performance of the employee's or individual's
duties; and
(2) has received the express written consent of the director for the
employee's or individual's action.
(b) A person An individual may not knowingly throw or cast the
rays of any spotlight or other artificial light:
(1) not required by law on a motor vehicle; and
(2) in search of or upon any wild bird or wild animal;
from a vehicle while the person possesses a firearm, bow, or crossbow,
if by throwing or casting the rays a wild bird or wild animal could be
killed. This subsection applies even though the animal is not killed,
injured, shot at, or otherwise pursued.
(c) A person An individual may not take any wildlife, except
furbearing mammals, with the aid of illumination of any spotlight,
searchlight, or other artificial light.
(d) A person An individual may not shine a spotlight, searchlight,
or other artificial light for the purpose of taking, attempting to take, or
assisting another person to take a deer.
SOURCE: IC 14-22-6-11; (12)IN1279.1.9. -->
SECTION 9. IC 14-22-6-11, AS AMENDED BY P.L.13-2007,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 11. (a) This section does not apply to an employee
of the department, or an employee of a federal wildlife management
agency, or individual who:
(1) is acting in the performance of the employee's or individual's
duties; and
(2) has received the express written consent of the director for the
employee's or individual's action.
(b) A person An individual may not:
(1) use or possess an apparatus designed for use with or on a
firearm commonly called a silencer; or
(2) use or possess a device used as a silencer;
in Indiana while in the act of hunting.
SOURCE: IC 14-22-7-3; (12)IN1279.1.10. -->
SECTION 10. IC 14-22-7-3, AS AMENDED BY P.L.225-2005,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 3. (a) A person An individual may not hunt or
take a migratory waterfowl within Indiana without having a an
electronically generated migratory waterfowl stamp issued by the
department. The stamp must be in the possession of each person
individual hunting or taking a migratory waterfowl. The licensee shall
validate the stamp with the signature, in ink, of the licensee on the
hunting license on which the electronically generated form of the stamp
is attached.
(b) The department shall determine the form of the migratory
waterfowl stamp and may create and sell commemorative migratory
waterfowl stamps.
(c) The department may furnish the commemorative migratory
waterfowl stamps or the electronically generated form of the stamps to
a clerk of the circuit court or the clerk's designated depositories for
issuance or sale in the same manner as hunting licenses are issued or
sold under IC 14-22-11.
SOURCE: IC 14-22-7-4; (12)IN1279.1.11. -->
SECTION 11. IC 14-22-7-4, AS AMENDED BY P.L.225-2005,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 4.
A An electronically generated stamp shall be
issued to each hunting license applicant or holder upon request and the
payment of a fee of six dollars and seventy-five cents ($6.75). Each
stamp expires on March 31 of the year following issuance.
SOURCE: IC 14-22-8-4; (12)IN1279.1.12. -->
SECTION 12. IC 14-22-8-4, AS AMENDED BY P.L.225-2005,
SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 4. (a) A person An individual may not hunt or
take a game bird within Indiana without having a an electronically
generated game bird habitat restoration stamp issued by the
department. The stamp must be in the possession of each person
individual hunting or taking a game bird. The licensee shall validate
the stamp with the signature of the licensee on the hunting license on
which the electronically generated form of the stamp is attached.
(b) The department shall do the following:
(1) determine the form of the stamp and may create and sell
commemorative game bird habitat restoration stamps.
(2) Furnish the commemorative stamps or the electronically
generated form of the stamps to a clerk of the circuit court or the
clerk's designated depositories for issuance or sale in the same
manner as hunting licenses are issued or sold under IC 14-22-11.
SOURCE: IC 14-22-9-1; (12)IN1279.1.13. -->
SECTION 13. IC 14-22-9-1, AS AMENDED BY P.L.165-2011,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 1. (a) Except as allowed by sections 3 and 11 of
this chapter, a person an individual may not take fish from waters
containing state owned fish, waters of the state, or boundary waters of
the state by the following:
(1) Means of:
(A) a weir;
(B) an electric current;
(C) dynamite or other explosive;
(D) a net;
(E) a seine;
(F) a trap; or
(G) any other substance that has a tendency to stupefy or
poison fish.
(2) Means of the following:
(A) A firearm.
(B) A crossbow.
(C) (B) The hands alone.
(b) The methods or devices in this section may be possessed and
used:
(1) under special permit issued by the director under rules that the
director provides; or
(2) as otherwise provided by law.
SOURCE: IC 14-22-9-11; (12)IN1279.1.14. -->
SECTION 14. IC 14-22-9-11, AS ADDED BY P.L.165-2011,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 11. (a) As used in this section, "motorboat" means
a watercraft propelled by:
(1) an internal combustion, steam, or electrical inboard or
outboard motor or engine; or
(2) any mechanical means.
The term does not include a personal watercraft.
(b) The department shall establish and implement a pilot program
for the purpose of containing and reducing invasive animal species in
the Wabash River. In developing administering this pilot program, the
department may:
(1) allow the taking of a specific invasive animal species by a
means described in section 1(2) 1(a)(2) of this chapter;
(2) may require the use of ammunition described in 50 CFR
20.21(j); or
(3) require a hunting or fishing license under IC 14-22-12-1.
(c) 312 IAC 9-2-2(d), as in effect July 1, 2011, does not apply to this
section.
SOURCE: IC 14-22-10-3; (12)IN1279.1.15. -->
SECTION 15. IC 14-22-10-3, AS AMENDED BY P.L.165-2011,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 3. (a)
A person An individual may not take, carry,
ship, transport, or accept for shipment or transportation outside Indiana
a wild animal protected by Indiana law, except as provided in this
article.
(b)
A person An individual having a license to use a commercial
fishing device in Indiana may ship, carry, or transport outside Indiana
fish that the
person individual has legally taken or caught by the
commercial fishing device.
(c)
A person An individual having a license to hunt, trap, or fish in
Indiana may
do the following:
(1) carry, transport, or ship outside Indiana, in open season, in one
(1) day, a wild animal that the
person individual has legally taken
in open season, not to exceed in number the possession limit of
the wild animal.
(2) Ship, carry, or take outside Indiana in one (1) week more than
two (2) times the possession limit for the wild animal.
(d) Hides and furs of furbearing animals legally taken in open
season may be shipped or carried outside Indiana in any number:
(1) during the open season; or
(2) after open season as allowed by rule.
(e)
A person An individual having a breeder's license may ship,
carry, or transport outside Indiana a wild animal that the person
individual has legally possessed under the breeder's license in Indiana.
(f) A person An individual may not ship, carry, or transport or
accept for transportation or shipment to a place in Indiana or outside
Indiana a wild animal unless the wild animal is enclosed in a package
or container on which there is clearly, legibly, and conspicuously
marked on the outside of the package or container the following
information:
(1) The name and address of the shipper and the consignee.
(2) An accurate statement of the number or quantities and kinds
of wild animals contained.
The shipper shall produce the license required under this article
authorizing the person to take or possess the wild animal. If the wild
animal is carried by the licensee personally, the wild animal shall be
carried openly for inspection, together with the license.
(g) A person An individual having a mussel buyer's license may
ship legally taken mussels or mussel shells outside Indiana.
SOURCE: IC 14-22-11-1; (12)IN1279.1.16. -->
SECTION 16. IC 14-22-11-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. (a) As used in this
section, "farmland" means agricultural land that is:
(1) devoted or best adaptable for the production of crops, fruits,
timber, and the raising of livestock; or
(2) assessed as agricultural land for property tax purposes.
(b) An individual may not take or chase, with or without dogs, a
wild animal without having a license, except as follows:
(1) An individual who is a resident or nonresident of Indiana
while participating in a field trial that has been sanctioned by the
director is not required to possess a license while participating in
the trial.
(2) Subject to subsection (d), An owner of farmland located in
Indiana who is a resident or nonresident of Indiana and the spouse
and children living with the owner may hunt, fish, and trap
without a license on the land that the owner owns.
(3) A lessee of farmland who farms that land and is a resident of
Indiana and the spouse and children living with the lessee may
hunt, fish, and trap without a license on the leased land. This
subdivision does not apply to land that is:
(A) owned, leased, or controlled by; and
(B) leased from;
the department.
(4) An individual who:
(A) is less than thirteen (13) years of age;
(B) does not possess a bow or firearm; and
(C) is accompanying an individual who:
(i) is at least eighteen (18) years of age; and
(ii) holds a valid license;
may chase a wild animal without having a license.
(c) The exceptions provided in this section do not apply to a
commercial license issued under this article.
(d) The right of a nonresident who owns farmland in Indiana (and
of the spouse and children who reside with the nonresident) to hunt,
fish, and trap on the farmland without a license under subsection (b)(2)
is subject to the following conditions:
(1) The nonresident may hunt, fish, and trap on the farmland
without a license only if the state in which the nonresident resides
allows residents of Indiana who own land in that state to hunt,
fish, and trap on their land without a license.
(2) While hunting, fishing, or trapping on the farmland, the
nonresident must keep proof that the nonresident owns the
farmland (for example, a tax receipt identifying the nonresident
as owner) in a place where the proof is readily accessible by the
nonresident.
SOURCE: IC 14-22-11-2; (12)IN1279.1.17. -->
SECTION 17. IC 14-22-11-2 IS REPEALED [EFFECTIVE JULY
1, 2012]. Sec. 2. (a) Except as provided in subsection (b), the season
for taking raccoons is closed to nonresidents of Indiana.
(b) The director may open the season on raccoons to the residents
of another state on the same days and during the same hours that the
raccoon season in the nonresident's state of residence is open to
residents of the nonresident's state. However, a nonresident may not
take raccoons in Indiana when the season is closed in Indiana even if
the raccoon taking season is open in the nonresident's state.
SOURCE: IC 14-22-11-10; (12)IN1279.1.18. -->
SECTION 18. IC 14-22-11-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 10. (a) A nonresident
of Indiana who is
(1) on active duty with a branch or department of the armed forces
of the United States while stationed in Indiana
or
(2) in the employment of:
(A) the United States Fish and Wildlife Service; or
(B) the conservation department of a state, territory, or
possession of the United States; and
in Indiana for the purpose of advising or consulting with the
department
may hunt or fish in Indiana after obtaining the proper resident license.
A nonresident described in this subsection must carry on the
nonresident's person, when fishing or hunting, the license and a card or
other evidence that identifies the nonresident as a person an individual
qualified to obtain a license under this subsection.
(b) A nonresident of Indiana who:
(1) is less than eighteen (18) years of age; and
(2) has a parent, grandparent, or legal guardian who is a resident
of Indiana;
may hunt, fish, or trap in Indiana after obtaining the proper resident
license.
SOURCE: IC 14-22-16-1; (12)IN1279.1.19. -->
SECTION 19. IC 14-22-16-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. (a) A person
engaging in or continuing to engage in the business of taking, catching,
selling or bartering live minnows and or crayfish for bait shall file an
application with the division for a bait dealer's license. The application
and the license must be on forms prescribed by the director.
(b) The fee for a license is as follows:
(1) Ten dollars ($10) for residents.
(2) Fifty dollars ($50) for nonresidents.
SOURCE: IC 14-22-18-1; (12)IN1279.1.20. -->
SECTION 20. IC 14-22-18-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. The director may,
with the approval of the commission, designate not more than two (2)
four (4) days in each year as free sport fishing days. If the director
designates two (2) days more than one (1) day in a year as free sport
fishing days, the days may be consecutive or nonconsecutive.
SOURCE: IC 14-22-20-2; (12)IN1279.1.21. -->
SECTION 21. IC 14-22-20-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 2. A license issued
under this chapter authorizes the sale of nonmigratory game birds,
game mammals, or furbearing mammals for breeding purposes, or for
release, and nonmigratory game birds or for food purposes. A person
An individual who:
(1) acquires a game bird, game mammal, or furbearing mammal
alive, legally in open season; or
(2) purchases the bird or mammal 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.
SOURCE: IC 14-22-20-4; (12)IN1279.1.22. -->
SECTION 22. IC 14-22-20-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 4. (a) This section
applies to the following:
(1) Marten.
(2) Nutria.
(3) Mink.
(4) Chinchilla.
(5) Domesticated rabbits, except cottontail.
(6) Swamp rabbits.
(b) The:
(1) breeding, raising, and producing in captivity; and
(2) marketing;
of an animal listed in subsection (a) is considered an agricultural
pursuit. All animals so raised in captivity are considered domestic
animals so that a game breeding license is not required to possess such
an animal.
(c) A person engaged in the breeding, raising, and producing in
captivity and marketing of the furbearing mammals listed in subsection
(a) shall, upon request, do the following:
(1) Register with the department.
(2) Make annual reports concerning the number of animals held
and sold. These reports are confidential.
SOURCE: IC 14-22-31-8; (12)IN1279.1.23. -->
SECTION 23. IC 14-22-31-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 8. (a) A person An
individual may not take game birds and exotic mammals on a shooting
preserve unless the person individual has a hunting license required
under this article. except nonresidents of Indiana who must possess a
special license to shoot on licensed shooting preserves.
(b) The department:
(1) shall issue special licenses; and
(2) may appoint owners or managers of shooting preserves as
agents to sell special licenses.
(c) A special license expires December 31 of the year issued.
(d) The fee for a special license is eight dollars and seventy-five
cents ($8.75). All fees shall be deposited in the fish and wildlife fund.
SOURCE: IC 14-22-38-4; (12)IN1279.1.24. -->
SECTION 24. IC 14-22-38-4, AS AMENDED BY P.L.2-2008,
SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 4. (a) A person An individual who:
(1) unlawfully takes or possesses a deer or wild turkey;
(2) takes or possesses a deer or wild turkey by illegal methods or
with illegal devices; or
(3) except as provided in subsections subsection (c), and (d),
sells, offers to sell, purchases, or offers to purchase a deer or wild
turkey or a part of a deer or wild turkey;
shall reimburse the state five hundred dollars ($500) for the first
violation and one thousand dollars ($1,000) for each subsequent
violation.
(b) The money shall be deposited in the conservation officers fish
and wildlife fund. This penalty is in addition to any other penalty under
the law.
(c) Notwithstanding section 6 of this chapter, if a properly tagged
deer is brought to a meat processing facility and the owner of the deer:
(1) fails to pick up the processed deer within a reasonable time;
or
(2) notifies the meat processing facility that the owner does not
want the processed deer;
the deer meat may be given away by the meat processing facility to
another person. The meat processing facility may charge the person
receiving the deer meat a reasonable and customary processing fee.
(d) (c) Notwithstanding section 6 of this chapter, deer meat and
products from farm raised deer that meet the requirements under
IC 15-17 may be sold to the public.
SOURCE: IC 14-24-4-3; (12)IN1279.1.25. -->
SECTION 25. IC 14-24-4-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 3. All farms and
premises located within a part of a township that has been an area
declared to be an infested area shall be operated and managed
according to standards approved by the commission. An agricultural,
a horticultural, or a sylvan product capable of producing and
disseminating the pest or pathogen shall be destroyed, treated, or
otherwise disposed of as the department orders.
SOURCE: IC 14-24-5-3; (12)IN1279.1.26. -->
SECTION 26. IC 14-24-5-3, AS AMENDED BY P.L.69-2009,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 3. (a) The division shall issue a certificate
following an inspection that discloses that the nursery stock is
apparently free from pests and pathogens.
(b) The certificate shall be prepared on a commission form and must
state the following:
(1) That the nursery stock has been inspected by the division.
(2) That to the best knowledge and belief of the nurseryman, the
nursery stock is free from pests and pathogens.
(c) A copy of the certificate must be attached to each package of
nursery stock before shipment of the stock by a nurseryman.
(d) A certificate issued under this section expires
September 30
December 31 following the date
of issuance. the certificate becomes
effective.
(e) The division shall communicate to nurserymen that methyl
bromide soil fumigation is preferred to produce pest and disease free
forest seedlings. Fumigation with methyl bromide of seedling beds
before seeding is an official control treatment to assure pest free
nursery stock.
SOURCE: IC 14-25-1-8; (12)IN1279.1.27. -->
SECTION 27. IC 14-25-1-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 8. (a) Whenever a
dispute arises between the users of surface water in a watershed area,
any party to the dispute may request that the commission mediate the
dispute Any party to the dispute may institute mediation proceedings
by filing a written request with the commission setting out all the facts
relevant to the dispute and requesting a mediation of the dispute.
(b) Upon receipt of a request for mediation, the commission shall
conduct a hearing for the consideration of the facts involved in the
dispute. The commission shall notify all interested parties to the
dispute concerning the time and place of the hearing.
(c) In the mediation of the dispute, the commission may do the
following:
(1) Conduct a survey of the water supply in the watershed
involved in the dispute.
(2) Attempt to add additional sources of water for users in the
watershed.
(d) A recommendation of the commission in a mediation
proceeding:
(1) is not binding upon the parties to the dispute; and
(2) does not preclude or defeat a remedy that the parties to the
dispute have to a court of law. using the mediation provisions
under IC 4-21.5-3.5.
SOURCE: IC 14-34-6-15; (12)IN1279.1.28. -->
SECTION 28. IC 14-34-6-15 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 15. (a) As used in this
section, "fund" refers to the post-1977 abandoned mine reclamation
fund established by this section.
(b) The post-1977 abandoned mine reclamation fund is established.
The fund consists of bond forfeiture money collected under section 16
of this chapter and the civil penalties described in IC 14-34-16-9. The
fund may be used as follows:
(1) To effect the restoration of land not otherwise eligible for
federal funding on which there has been surface mining activity
after August 3, 1977.
(2) To replace domestic water supplies disrupted or affected by a
surface coal mining and reclamation operation, including the
disposal of coal combustion waste (as defined in IC 13-19-3-3),
where the surface coal mining and reclamation operation has been
completed and is no longer subject to IC 14-34.
The money held for this purpose may not exceed an amount established
by the department that is sufficient to enable the director to cover the
anticipated cost of restoration.
(c) At least five hundred thousand dollars ($500,000) in the fund is
dedicated as collateral for the bond pool under IC 14-34-8 and may not
be used for the restoration of land or replacement of water described in
subsection (b).
(c) The reclamation cash bond account is established within the
fund and consists of bond forfeiture money collected under section
16 of this chapter. The account must be maintained in a manner
that complies with the regulations of the federal Office of Surface
Mining.
(d) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested. Interest that accrues
from these investments shall be deposited in the fund.
(e) Money in the fund at the end of a state fiscal year does not revert
to the state general fund.
SOURCE: IC 14-37-10-3; (12)IN1279.1.29. -->
SECTION 29. IC 14-37-10-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 3. The following shall
be deposited in the fund:
(1) Annual fees for oil and gas wells received under IC 14-37-5.
(2) Accrued interest and other investment earnings of the fund.
(3) Civil penalties collected under IC 14-37-13-3.
(4)
Bonds forfeited under IC 14-37-13-2.
(5) Gifts, grants, donations, or appropriations from any source.