Bill Text: IN HB1194 | 2013 | Regular Session | Introduced
Bill Title: Hunting preserves.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2013-01-10 - First reading: referred to Committee on Natural Resources [HB1194 Detail]
Download: Indiana-2013-HB1194-Introduced.html
Citations Affected: IC 14-8-2; IC 14-22; IC 15-20.
Synopsis: Hunting preserves. Provides for the licensing and operation
of hunting preserves on which farm raised and released cervidae and
game birds are hunted. Establishes licensing requirements, inspection,
and fees. Exempts licensed hunting preserves from the licensing
requirements for game breeders and shooting preserves. Provides that
hunters on hunting preserves are not required to have a hunting license
and are not subject to bag limits. Requires that a transportation tag be
purchased and fixed to the leg of each cervidae taken on a hunting
preserve. Prohibits computer assisted remote hunting on hunting
preserves. Provides that the law under which the county is liable for
losses sustained by the owners of certain types of animals that are
killed or maimed by dogs does not apply to farm raised cervidae and
game birds on a hunting preserve.
Effective: July 1, 2013.
January 10, 2013, read first time and referred to Committee on Natural Resources.
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
A BILL FOR AN ACT to amend the Indiana Code concerning
natural and cultural resources.
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 200.5. "Permitted animal", for
purposes of IC 14-22-20.7, has the meaning set forth in
IC 14-22-20.7-3.
(1) For purposes of IC 14-11-4, the meaning set forth in IC 14-11-4-2.
(2) For purposes of IC 14-15, a person who has the legal title to a watercraft.
(3) For purposes of IC 14-16-1, the meaning set forth in IC 14-16-1-6.
(4) For purposes of IC 14-22-20.7, the meaning set forth in IC 14-22-20.7-2.
(A) Owners in fee.
(B) Life tenants.
(C) Tenants for years.
(D) Holders of remainder of reversionary interests.
(E) Holders of leaseholds or easements.
(F) Holders of mineral rights.
(A) the person or others; or
(B) the person and others.
(1) propagate in captivity; and
(2) possess, buy, or sell for this purpose only;
game birds, game mammals, or furbearing mammals protected by
Indiana law.
(b) The owner of a hunting preserve licensed under
IC 14-22-20.7 is not required to obtain a game breeders license
under this section.
Chapter 20.7. Cervidae Hunting Preserves
Sec. 1. As used in this chapter, "hunting preserve" means an area of land where permitted animals are hunted.
Sec. 2. As used in this chapter, "licensed owner" means an owner of a hunting preserve who holds a license issued under this chapter.
Sec. 3. As used in this chapter, "permitted animal" means the following farm raised and released animals:
(1) Cervidae.
(2) Game birds, including chukar partridges, properly marked mallard ducks, and other bird species.
Sec. 4. (a) The department shall issue an initial hunting preserve license to a person who:
(1) either:
(A) meets the requirements set forth in this chapter; or
(B) operated, at any time, a hunting preserve during the period beginning January 1, 2005, and ending December 31, 2012; and
(2) pays a fee of two hundred fifty dollars ($250).
(b) The department shall annually renew the hunting preserve license of a person who:
(1) meets the requirements set forth in this chapter; and
(2) pays an annual fee of two hundred fifty dollars ($250).
Sec. 5. Permitted animals (including their products) that are:
(1) raised on a farm in Indiana; or
(2) legally:
(A) acquired in Indiana; or
(B) imported into Indiana;
in compliance with applicable Indiana board of animal health laws and rules;
are the property of the licensed owner of the hunting preserve containing the permitted animals.
Sec. 6. (a) A hunting preserve must provide sufficient space and cover to allow permitted animals the opportunity to elude hunters.
(b) A hunting preserve that allows hunting for cervidae must
meet the following requirements:
(1) If a person begins to operate a preserve after December
31, 2012, the preserve must contain not less than two hundred
(200) acres.
(2) The preserve must be enclosed by a fence that is at least
eight (8) feet in height and not more than six (6) inches above
the ground.
(3) Reasonable efforts must be made to clear the preserve of
wild deer.
(4) The preserve may not be bisected by a public road or
fencing.
(5) The fence enclosing the preserve must be marked with
signs that meet the specifications of the department.
Sec. 7. (a) Subject to subsection (b), before a hunting preserve
may release permitted animals and begin operations under an
initial license, the hunting preserve site must pass an inspection by
the department and the Indiana board of animal health.
(b) If an owner operated, at any time, a hunting preserve during
the period beginning January 1, 2005, and ending December 31,
2012, the owner may release permitted animals and resume the
hunting preserve operations when a hunting preserve license is
issued without a site inspection.
Sec. 8. If a cervidae escapes from a hunting preserve, the owner
must report the escape to the department within twenty-four (24)
hours after the escape is discovered.
Sec. 9. (a) The owner of a hunting preserve may not release a
privately owned cervidae into the wild.
(b) The owner of a hunting preserve may not release any animal
other than a permitted animal onto the site of the hunting preserve.
Sec. 10. (a) A person who takes or hunts a permitted animal on
a hunting preserve is not required to have a hunting license.
(b) The department shall provide the licensed owner of a
hunting preserve either a transportation tag or a cull tag for every
cervidae taken on the hunting preserve. The licensed owner shall
pay the department a fee of fifty dollars ($50) per buck and twenty-
five dollars ($25) per doe for each transportation tag. The
department shall provide cull tags to the licensed owner of a
hunting preserve without charge.
(c) The owner of a hunting preserve shall cause a transportation
tag to be affixed to a leg of each cervidae taken on the hunting
preserve.
(d) An individual may not transport or possess a cervidae taken
from a hunting preserve without a transportation tag.
(e) The owner of a hunting preserve shall provide each hunter
with a bill of sale for game birds taken by the hunter from the
hunting preserve. The transportation tag affixed to the leg of a
cervidae taken on a hunting preserve under subsection (c) is
considered to be the bill of sale for the sale of the cervidae by the
owner of the hunting preserve to the hunter.
(f) The owner of a hunting preserve is not required to purchase
a transportation tag for cervidae culled by the owner from the
hunting preserve and transported directly for personal
consumption, or to a butcher or charity. However, the owner shall
cause a cull tag to be affixed to a leg of each cervidae culled by the
owner.
Sec. 11. (a) A licensed owner of a hunting preserve must keep
records of:
(1) the number of each permitted animal species purchased
for the hunting preserve;
(2) the number of each species harvested in the hunting
preserve; and
(3) the full name and address of each hunter who takes a
permitted animal in the hunting preserve.
(b) All information required by this chapter must be recorded
on forms supplied by the department. The records must be
maintained for a period of two (2) years and must be open for
inspection by employees of the department and the Indiana board
of animal health during regular business hours.
Sec. 12. (a) Permitted animals may be hunted on a hunting
preserve licensed under this chapter between one half (1/2) hour
before sunrise and one half (1/2) hour after sunset, but only from
August 15 through April 15.
(b) For permitted animals taken on the hunting preserve there
is not a bag limit, and both male and female animals may be taken.
(c) A licensed owner may charge fees for hunting on the hunting
preserve that reflect the class of animal hunted.
Sec. 13. (a) Only weapons that may legally be used in hunting on
other property in Indiana may be used in hunting on a hunting
preserve.
(b) A hunting preserve may not allow computer assisted remote
hunting.
to a hunting preserve licensed under IC 14-22-20.7.
(1) Damages, less compensation by insurance or otherwise, sustained by the owner of the following stock, fowl, or game killed, maimed, or damaged by a dog:
(A) Sheep.
(B) Cattle.
(C) Horses.
(D) Swine.
(E) Goats.
(F) Mules.
(G) Chickens.
(H) Geese.
(I) Turkeys.
(J) Ducks.
(K) Guineas.
(L) Tame rabbits.
(M) Game birds and game animals held in captivity under authority of a game breeder's license issued by the department of natural resources.
(N) Bison.
(O) Farm raised cervidae.
(P) Ratitae.
(Q) Camelidae.
(2) The expense of rabies post exposure prophylaxis that is incurred by any person who is bitten by or exposed to a dog known to have rabies.
(b) A county auditor who:
(1) receives a verified claim under section
(2) is satisfied that the claim meets the requirements of sections
shall immediately issue a warrant or check to the claimant for the verified amount of the claim. If a county option dog tax adopted under IC 6-9-39 is not in effect in the county, a claim under this section may be paid out of nonappropriated funds. A county auditor who is not satisfied that a claim meets the requirements of sections
(c) A person whose claim under section
(1) Not more than seventy-two (72) hours after the time of the loss, notify one (1) of the following having jurisdiction in the location where the loss occurred:
(A) A law enforcement officer.
(B) An officer of a county or municipal animal control center, shelter, or similar impounding facility.
(2) Not more than twenty (20) days after the time of the loss, report the loss to the county auditor as follows:
(A) Under oath, the owner shall state:
(i) the number, age, and value of the stock, fowl, or game; and
(ii) the damages sustained, less compensation by insurance or otherwise.
(B) In an affidavit, the owner must be joined by two (2) disinterested and reputable freeholders residing in the township in which the stock, fowl, or game were killed, maimed, or damaged. The affidavit must state that the freeholders are:
(i) disinterested; and
(ii) not related by blood or marriage to the claimant.
(C) An appraisal of the stock, fowl, or game that were killed, maimed, or damaged may not exceed the actual cash value of the stock, fowl, or game. As it applies to ratitae, cash value may not exceed the slaughter value.
(D) The owner shall provide verification of the loss by an officer described in subdivision (1).
(E) Payment for a loss for property owned by a claimant on the last property tax assessment date may not be paid if the property was not reported by the owner for assessment purposes at that time.
(b) In addition to the requirements of subsection (a), the claimant, if requested to do so by the county auditor or a person designated by the county auditor, must grant the right of subrogation to the county for the total amount paid on the claim to the claimant by the county on a form prescribed by the county auditor.
(b) A person desiring to make a claim under section
