Bill Text: IN SB0487 | 2013 | Regular Session | Engrossed
Bill Title: Shooting and hunting preserves.
Spectrum: Bipartisan Bill
Status: (Enrolled - Dead) 2013-04-18 - House advisors appointed: Ubelhor, Eberhart, Dvorak and Stemler [SB0487 Detail]
Download: Indiana-2013-SB0487-Engrossed.html
Citations Affected: IC 14-8; IC 14-22; IC 15-20.
Effective: July 1, 2013.
(HOUSE SPONSORS _ LEHE, UBELHOR, MORRIS, HEATON)
January 14, 2013, read first time and referred to Committee on Agriculture and Natural
Resources.
February 4, 2013, amended, reported favorably _ Do Pass.
February 12, 2013, read second time, amended, ordered engrossed.
February 13, 2013, engrossed.
February 14, 2013, read third time, passed. Yeas 48, nays 0.
February 26, 2013, read first time and referred to Committee on Natural Resources.
April 4, 2013, amended, reported _ Do Pass.
April 8, 2013, read second time, amended, ordered engrossed.
Digest Continued
Establishes licensing requirements, duties, and fees. Except for a person who exports certain animals, exempts licensed hunting preserves from the licensing requirements for game breeders and shooting preserves. Provides that hunters on hunting preserves are required to have a deer hunting license and are not subject to bag limits. Requires that a transportation tag be purchased and fixed to the leg of each cervid taken on a hunting preserve. Prohibits: (1) computer assisted remote hunting on hunting preserves; and (2) drugging or baiting to affect the outcome of a hunt. Allows the Indiana board of animal health and department of natural resources to adopt certain rules. Exempts cervidae hunting preserves from certain exotic mammal hunting requirements. Restricts cervidae on hunting preserves from qualifying for certain livestock indemnification programs.
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
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A BILL FOR AN ACT to amend the Indiana Code concerning
natural and cultural resources.
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2. Except for a license
sold under IC 14-22-31-8, the department shall use the following to
increase the upland game bird population in Indiana:
(1) Four dollars ($4) from the cost of every nonresident license to
hunt any game for any period in any manner.
(2) Forty dollars ($40) from the cost of every nonresident license
to hunt deer for any period in any manner.
(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) Except for a person who exports live cervidae or other species for which a game breeders license is required under this chapter, the owner of a hunting preserve licensed under IC 14-22-31.3 is not required to obtain a game breeders license under this section.
(1) Animals imported into Indiana for the purpose of being confined and exhibited in a zoo or other public display of animals.
(2) Other animals that the department designates.
(3) Animals regulated under IC 14-22-31-7.
(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 April 30 immediately following the date the license is effective.
(d) The fee for a special license is equal to the fee for a resident
annual hunting license under IC 14-22-12-1(a)(2). All fees collected
under this section shall be deposited in the fish and wildlife fund.
Chapter 31.3. Cervidae Hunting Preserves
Sec. 1. As used in this chapter, "hunting preserve" means an area of land where cervidae 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. (a) The department shall issue an initial hunting preserve license to a person who:
(1) continually operated a hunting preserve during the period beginning January 1, 2005, and ending December 31, 2012; and
(2) pays a fee of two thousand five hundred dollars ($2,500).
(b) A person who applies for an initial license must provide the department with satisfactory documentation that establishes that the hunting preserve continually operated during the period required in subsection (a)(1).
(c) The department shall annually renew the hunting preserve license of a person who:
(1) meets the requirements set forth in this chapter;
(2) pays an annual fee of one thousand dollars ($1,000); and
(3) has not committed a pattern of violations of this chapter under the person's current license.
(d) The department shall use the fees collected in this section to administer this chapter.
Sec. 4. Cervidae (including their products) that are:
(1) legally 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 cervidae.
Sec. 5. A hunting preserve that allows hunting for cervidae must meet the following requirements:
(1) The hunting preserve must contain at least one hundred (100) contiguous acres.
(2) The hunting 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) The hunting preserve may not be bisected by a public road or fencing.
Sec. 6. If a cervid escapes from a hunting preserve or a breach occurs in the fence enclosing the hunting preserve, the owner of the hunting preserve must report the escape or breach to a conservation officer within twenty-four (24) hours after the escape or breach is discovered.
Sec. 7. (a) The owner of a hunting preserve may not release a privately owned cervid into the wild.
(b) The owner of a hunting preserve may not release any animal other than cervidae onto the site of the hunting preserve.
Sec. 8. (a) A person who takes or hunts cervidae on a hunting preserve is required to have a resident or nonresident deer hunting license.
(b) The department shall provide the licensed owner of a hunting preserve a transportation tag for every cervid taken on the hunting preserve. The licensed owner shall pay the department a fee of fifty dollars ($50) per cervidae for each transportation tag.
(c) The owner of a hunting preserve shall cause a transportation tag to be affixed to a leg of each cervid taken on the hunting preserve.
(d) An individual may not transport or possess a cervid taken from a hunting preserve without a transportation tag.
Sec. 9. (a) A licensed owner of a hunting preserve must keep records of:
(1) the daily number of cervidae imported to the hunting preserve, including information concerning where the cervidae were acquired;
(2) the daily number of each species of cervidae released in the hunting preserve;
(3) the daily number of each species of cervidae harvested or found dead in the hunting preserve;
(4) the daily number of cervidae exported from the hunting preserve, including information concerning where the cervidae were exported; and
(5) the full name and address of each person who hunts, takes, or receives a cervid 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.
(c) The licensed owner shall annually submit copies of the records required under this section to the department.
Sec. 10. (a) Cervidae 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.
(b) Cervidae may be hunted on a hunting preserve only from August 15 through February 15.
(c) For cervidae taken on a hunting preserve, there is not a bag limit, and both male and female cervidae may be taken.
(d) A licensed owner may charge fees for hunting on the hunting preserve that reflect the class of cervid hunted.
Sec. 11. (a) Subject to section 10 of this chapter, any legal hunting weapon that is allowed to be used to hunt deer, under rules adopted by the department, may be used at any time and during any hunting season to hunt cervidae on a hunting preserve.
(b) A hunting preserve may not allow computer assisted remote hunting.
(c) A hunting preserve may not bait or allow a cervid to be drugged for the purpose of affecting the outcome of a hunt.
Sec. 12. (a) The department may suspend a hunting preserve license for a violation of this chapter, including failure to keep records required under this chapter.
(b) Except as provided in subsection (c), the department shall reinstate a suspended hunting preserve license after the violations that caused the suspension have been corrected.
(c) A licensed owner who knowingly or intentionally commits a flagrant violation of this chapter is not eligible for reinstatement under subsection (b).
Sec. 13. (a) A hunting preserve shall test each cervid that dies on the hunting preserve for chronic wasting disease.
(b) A hunting preserve may not import a cervid from a facility that has had a positive test for chronic wasting disease or any other disease determined by the Indiana board of animal health.
Sec. 14. (a) Except as provided in subsection (b), cervidae or objects on a hunting preserve may qualify for indemnification
allowed under IC 15-17-10-6.
(b) A hunting preserve may qualify for indemnification for
chronic wasting disease allowed under IC 15-17-10-6 only if:
(1) chronic wasting disease has been positively identified in
cervidae in the hunting preserve;
(2) before chronic wasting disease has been positively
identified in cervidae in the hunting preserve, chronic wasting
disease has been positively identified in wild deer in an area
within a one hundred (100) mile radius of the hunting
preserve; and
(3) the chronic wasting disease in the hunting preserve's
cervidae has not been positively linked with cervidae that the
hunting preserve acquired or imported.
Sec. 15. (a) Nothing in this chapter limits the Indiana board of
animal health's duties, responsibilities, or authority under
IC 15-17.
(b) The Indiana board of animal health may adopt rules under
IC 4-22-2 concerning the health of cervidae, including record
keeping requirements and requirements concerning importation,
testing, and transfer of cervidae on hunting preserves.
Sec. 16. The department may adopt rules under IC 4-22-2 to
administer this chapter.
(1) Conservation officers or other law enforcement officers.
(2) Game birds or exotic mammals in shooting preserves licensed under IC 14-22-31.
(3) A person who takes a feral exotic mammal when the feral exotic mammal is causing damage to property that is owned or leased by the person.
(4) A person who is authorized by the department under extraordinary circumstances to take an exotic mammal.
(5) Cervidae in a hunting preserve licensed under IC 14-22-31.3.
(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 3(a) 3(b) and
6 of this chapter shall promptly notify the claimant.
(c) A person whose claim under section 3(a) 3(b) of this chapter is
denied by a county auditor may file an action in a court with
jurisdiction to determine whether the county auditor acted in
conformance with the requirements of this section and sections 3 and
6 of this chapter. If the court determines that the county auditor failed
to comply with the requirements of this section or sections 3 and 6 of
this chapter in evaluating the person's claim, the court may fashion an
appropriate remedy, including an order directed to the county auditor
to reconsider the person's claim.
(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
