Bill Text: IN HB1163 | 2011 | Regular Session | Amended
Bill Title: Wild animal permits.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2011-02-17 - First reading: referred to Committee on Agriculture and Natural Resources [HB1163 Detail]
Download: Indiana-2011-HB1163-Amended.html
February 11, 2011
HOUSE BILL No. 1163
_____
DIGEST OF HB 1163
(Updated February 9, 2011 7:14 pm - DI 118)
Citations Affected: IC 14-8; IC 14-22.
Synopsis: Wild animal permits. Adds and removes certain persons
from the application of the wild animal permit laws. Makes changes to
the definition of "zoological park". Adds a definition of "circus" for
purposes of wild animal permits. Removes the requirement that a
permit is necessary if the wild animal is harmful to plants. Removes
requirement that a separate permit is necessary for each wild animal.
Allows the natural resources commission to raise the wild animal
permit fee. Allows an animal to be seized if it poses a risk to public
health or safety.
Effective: July 1, 2011.
Kersey
, Heaton
, Eberhart
, Grubb
January 10, 2011, read first time and referred to Committee on Natural Resources.
February 10, 2011, reported _ Do Pass.
February 11, 2011
First Regular Session 117th General Assembly (2011)
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
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
HOUSE BILL No. 1163
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 14-8-2-40.5; (11)HB1163.1.1. -->
SECTION 1. IC 14-8-2-40.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]: Sec. 40.5. "Circus", for purposes of IC 14-22-26, has the
meaning set forth in IC 14-22-26-1.5.
SOURCE: IC 14-22-26-1; (11)HB1163.1.2. -->
SECTION 2. IC 14-22-26-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. This chapter does not
apply to licensed commercial animal dealers, the following:
(1) Zoological parks.
(2) Circuses.or carnivals.
(3) Research facilities licensed or registered with the United States Department of Agriculture.
(4) Educational institutions licensed or registered with the United States Department of Agriculture.
(5) An organization or person housing a wild animal at the request of the department.
(6) An individual who transports a wild animal through Indiana if the animal:
(A) is not unloaded or exhibited in Indiana; and
(B) is continuously confined in a container that is of sufficient strength to prevent the animal from escaping or coming into contact with the public.
(1) Zoological parks.
(2) Circuses.
(3) Research facilities licensed or registered with the United States Department of Agriculture.
(4) Educational institutions licensed or registered with the United States Department of Agriculture.
(5) An organization or person housing a wild animal at the request of the department.
(6) An individual who transports a wild animal through Indiana if the animal:
(A) is not unloaded or exhibited in Indiana; and
(B) is continuously confined in a container that is of sufficient strength to prevent the animal from escaping or coming into contact with the public.
SOURCE: IC 14-22-26-1.5; (11)HB1163.1.3. -->
SECTION 3. IC 14-22-26-1.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 1.5. As used in this chapter,
"circus" means an entity that:
(1) has an exhibitor license required by the United States Department of Agriculture under 9 CFR 1;
(2) offers performances by animals, clowns, and acrobats for public entertainment; and
(3) does not breed or sell animals.
The term does not include an exhibitor who presents a wild animal to the public where the animal and patron are in close proximity to each other, even if the exhibitor is licensed by the United States Department of Agriculture under 9 CFR 1.
(1) has an exhibitor license required by the United States Department of Agriculture under 9 CFR 1;
(2) offers performances by animals, clowns, and acrobats for public entertainment; and
(3) does not breed or sell animals.
The term does not include an exhibitor who presents a wild animal to the public where the animal and patron are in close proximity to each other, even if the exhibitor is licensed by the United States Department of Agriculture under 9 CFR 1.
SOURCE: IC 14-22-26-2; (11)HB1163.1.4. -->
SECTION 4. IC 14-22-26-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: 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
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.
SOURCE: IC 14-22-26-3; (11)HB1163.1.5. -->
SECTION 5. IC 14-22-26-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: 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 toplants humans or domestic or wild animals. A
separate permit is required for each wild animal described in this
subdivision.
(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
SOURCE: IC 14-22-26-4; (11)HB1163.1.6. -->
SECTION 6. IC 14-22-26-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 4. (a) A permit issued
under this chapter:
(1) must be in the form prescribed by the director;
(2) may not be issued unless the director is satisfied that the permit should be issued;
(3) has an expiration date fixed by the director; and
(4) has a minimum fee of ten dollars ($10).
(b) The commission may set the permit fee above the minimum amount in subsection (a). The amount may not be more than is reasonably necessary to generate revenue sufficient to offset the costs incurred by the department in carrying out its responsibilities under this chapter.
(1) must be in the form prescribed by the director;
(2) may not be issued unless the director is satisfied that the permit should be issued;
(3) has an expiration date fixed by the director; and
(4) has a minimum fee of ten dollars ($10).
(b) The commission may set the permit fee above the minimum amount in subsection (a). The amount may not be more than is reasonably necessary to generate revenue sufficient to offset the costs incurred by the department in carrying out its responsibilities under this chapter.
SOURCE: IC 14-22-26-5; (11)HB1163.1.7. -->
SECTION 7. IC 14-22-26-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: 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.
(C) The animal poses a risk to public health or safety.
(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 this section, including a trial, if any.
(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.
(C) The animal poses a risk to public health or safety.
(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 this section, including a trial, if any.
