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SENATE BILL No. 280

Citations Affected: IC 14-22-10.

Synopsis: Exotic animals. Makes it a Class C misdemeanor to release an exotic or wild animal into the wild without legal authorization or a permit issued by the department of natural resources (department), and provides that the fine for unlawfully releasing an exotic or wild animal is at least $500 and not more than $2,500. Requires a person in the business of selling exotic reptiles to obtain a permit from the department, and makes it a Class C misdemeanor to sell an exotic reptile without a permit. Requires a person not in the business of selling exotic reptiles to notify the department before selling an exotic reptile, and makes the failure to notify the department a Class C infraction.

Effective: July 1, 2010.

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Arnold

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    January 11, 2010, read first time and referred to Committee on Corrections, Criminal, and Civil Matters.

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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 2009 Regular and Special Sessions of the General Assembly.

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    A BILL FOR AN ACT to amend the Indiana Code concerning agriculture and animals.

SOURCE: IC 14-22-10-12; (10)IN0280.1.1. -->     SECTION 1. IC 14-22-10-12 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 12. (a) As used in this section, "exotic animal" means an animal that is:
        (1) not native to Indiana; or
        (2) extirpated from Indiana and either a:
            (A) wild animal; or
            (B) feral animal other than a dog or cat.
    (b) A person who, without a permit issued by the department, or without being otherwise legally authorized, knowingly or intentionally releases an exotic animal or a wild animal into the wild commits a Class C misdemeanor.
    (c) Notwithstanding the maximum fine under IC 35-50-3-4, the court shall order a person convicted under subsection (b) to pay a fine of at least five hundred dollars ($500) and not more than two thousand five hundred dollars ($2,500).

SOURCE: IC 14-22-10-13; (10)IN0280.1.2. -->     SECTION 2. IC 14-22-10-13 IS ADDED TO THE INDIANA

CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 13. (a) As used in this section, "exotic reptile" means a reptile that is:
        (1) not native to Indiana; or
        (2) extirpated from Indiana and either a:
            (A) wild reptile; or
            (B) feral reptile.
     (b) As used in this section, "person in the business of selling exotic reptiles" means a person who sells at least six (6) exotic reptiles in one (1) calendar year.
    (c) A person in the business of selling exotic reptiles who knowingly or intentionally sells, barters, trades, or in any other way transfers possession of an exotic reptile without a permit issued by the department in accordance with this section commits a Class C misdemeanor.
    (d) A person not in the business of selling exotic reptiles who sells, barters, trades, or in any other way transfers possession of an exotic reptile without notifying the department in accordance with this section commits a Class C infraction.
    (e) The department shall adopt rules under IC 4-22-2 concerning the issuance of an annual permit to sell, barter, trade, or in any other way transfer possession of exotic reptiles by a person in the business of selling exotic reptiles. The fee for a permit described under this subsection may not exceed fifty dollars ($50) per year.
    (f) The department shall adopt rules under IC 4-22-2 concerning the manner in which a person not in the business of selling exotic reptiles shall notify the department if the person sells, barters, trades, or in any other way transfers possession of an exotic reptile.