HB 1385

Bill Subjects

Abstract

Removes the definition of "motorboat". Provides that the definition of "watercraft" does not include a craft that is: (1) powered by its occupants; and (2) does not contain a mechanical propellant. Repeals and replaces provisions in the current watercraft registration law. Amends sections related to boat excise tax. Provides that tax situs means the taxing district in which the boat is located on the date it is registered. Provides that a watercraft is not a vehicle for purposes of mechanic's liens for vehicles. Provides that a person that fails to carry a certificate of registration or display proof of registration for display on a watercraft commits a Class C infraction. Provides that a person who knowingly or intentionally falsifies, predates, changes, or counterfeits proof of registration for a watercraft commits a Class C misdemeanor. Revises the definition of "recreational trail" to specify that the term refers to trails or paths funded through the recreational trails program. Specifies that the state may acquire a railroad's interest in a corridor for use as a trail (rather than as a recreational trail as provided by current law). Specifies that the state may consider a corridor's suitability for use as a trail (rather than as a recreational trail as provided by current law) when considering whether to acquire a railroad's interest in a corridor. Specifies that a railroad's interest in a corridor acquired for a recreational purpose may be developed and operated under the recreational trails program. (Current law requires such acquisitions to be developed and operated under the program.) Modifies the definitions of "all-terrain vehicle" and "recreational off-highway vehicle". Makes it a Class C infraction to violate a rule adopted by the natural resources commission or an emergency rule adopted by the department of natural resources, unless otherwise specified under state law. Allows the owner of a boat that carries passengers upon public water for hire to elect to have an underwater survey (survey) conducted instead of the required dry dock inspection. Requires that the boat be inspected in a dry dock once every 120 months. Requires the owner of the boat to hire and pay for the survey. Requires the survey to be conducted by an inspector from a certified organization that is approved by the natural resources commission. Requires that the certificate of inspection and registration certify the method of the boat's inspection and the name of the person and organization that performed the inspection. Allows an individual to float on a board on or in the wake directly behind a motorboat that is underway using the wake itself as the means of propulsion. Removes the sunset provision regarding the use of certain rifles while hunting. Removes an exception for legal minnow seines and dip nets from the prohibition on using various fishing techniques near a dam. Authorizes the natural resources commission to authorize exceptions for the use of otherwise prohibited techniques by rule. Makes various changes to the procedures for revoking or denying a license or permit under the wildlife violator compact. Provides that a court having jurisdiction of an offense committed in violation of an Indiana law for the protection of wildlife may revoke the license of the offender for a minimum of one year. (Current law allows revocations for a period of 30 days, 60 days, 90 days, or one year.) Declares that the citizens of Indiana have certain vested rights with respect to Lake Michigan, and that the natural resources commission may adopt rules concerning those rights. Provides that property owners may jointly apply for a permit with the Indiana department of environmental management for wetland activities in state regulated wetlands. Authorizes the department to adopt rules identifying the ordinary high water mark on the land adjoining the waters of Lake Michigan for administrative purposes. Provides that the owner of a private property that is adjacent to Lake Michigan is immune from liability under certain circumstances. Provides guidelines for permitting to private property owners by local governmental agencies, in the case of an emergency to: (1) repair; or (2) construct; a new seawall or revetment on the owner's property. Provides guidelines for the location of a seawall or revetment in the event of construction or repair of that seawall or revetment. Makes a local planning and zoning statute concerning the alienation of mineral resources and forests outside urban areas applicable to all counties.