HB 1661-1_ Filed 02/08/2001, 11:10


Text Box

Adopted Rejected


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COMMITTEE REPORT


                                                        YES:

13

                                                        NO:
0

MR. SPEAKER:
    Your Committee on       Agriculture, Natural Resources and Rural Development     , to which was referred       House Bill 1661     , has had the same under consideration and begs leave to report the same back to the House with the recommendation that said bill be amended as follows:

SOURCE: Page 1, line 11; (01)AM166102.1. -->     Page 1, line 11, delete "operation" and insert " facility".
    Page 1, line 11, delete "IC 15-5-19" and insert " IC 15-2.1-25".
    Page 1, line 12, delete "IC 15-5-19" and insert "IC 15-2.1-25".
    Page 1, line 15, delete "19" and insert " 25".
    Page 1, line 15, delete "Operations" and insert " Facilities".
    Page 2, line 1, delete ":" and insert " ,".
    Page 2, line 2, delete "(1)".
    Page 2, run in lines 1 through 2. .
    Page 2, line 3, delete "that is operated to" and insert " .".
    Page 2, line 4, before "produce" begin a new paragraph and insert:
    " Sec. 2.5. As used in this chapter, "cervidae livestock operation" means a cervidae livestock facility that is operated to".
    Page 2, delete lines 6 through 8.
    Page 2, line 12, delete "operation" and insert " facility".
    Page 2, between lines 14 and 15, begin a new paragraph and insert:
    " (c) Cervidae live stock operations are agricultural enterprises and are part of the farming and agricultural industry in Indiana.".
    Page 2, line 15, before "person" delete "A" and insert " (a) Except as provided in subsection (b), a".
    Page 2, line 15, delete "operation" and insert " facility".
    Page 2, between lines 16 and 17, begin a new paragraph and insert:
    " (b) An entity is not required to obtain a license under this chapter if the entity is:
        (1) a research facility;
        (2) a circus; or
        (3) a publically or privately owned zoological park or petting zoo;
that is licensed or registered by the United States Department of Agriculture under the the federal Animal Welfare Act of 1970, as amended (7 U.S.C. 2131 et seq.).
".
    Page 2, line 17, delete "operation" and insert " facility".
    Page 3, delete line 4 and insert " the county commissioners and any area plan commission or board of zoning appeals".
    Page 3, line 5, delete "government".
    Page 3, line 6, delete ":".
    Page 3, delete lines 7 through 10.
    Page 3, line 11, delete "(2)".
    Page 3, run in lines 6 through 11.
    Page 3, line 18, delete "an initial" and insert " a".
    Page 3, line 19, delete "operation" and insert " facility".
    Page 3, line 29, after "The" insert " applicant has taken actions to remove the".
    Page 3, line 29, delete "have been".
    Page 3, line 30, delete "removed".
    Page 3, line 30, after "facility" insert " proposed under section 5(a)(1)(F) of this chapter and has verified that those animals have been removed".
    Page 3, line 33, after "zoning" insert " and fence".
    Page 3, line 34, after "ordinances." insert " If the board does not receive a response from a local unit of government under section 5(b) of this chapter indicating that the proposed facility would violate a local zoning or fence ordinance, the board may presume

that the facility complies with the local zoning and fence ordinances.".
    Page 4, line 1, delete "operation" and insert " facility".
    Page 4, line 12, delete, "operations" and insert " facilities".
    Page 4, line 18, after "exceed" insert " :
            (A)
".
    Page 4, line 19, delete "." and insert " ; or
            (B) fifty dollars ($50) for small facilities that do not operate commercially.
        All fees collected under this section shall be deposited in the board's general operating account.
".
    Page 4, line 24, delete "operation" and insert " facility".
    Page 4, between lines 26 and 27, begin a new line block indented:
        " (7) The board shall establish different classes of cervidae livestock facility permits for distinct types of cervidae livestock facilities and establish different standards under this section for each class of facility.".
    Page 4, line 27, delete "operation" and insert " facility".
    Page 4, line 30, delete "operation" and insert " facility".
    Page 4, line 42, delete "operation" and insert " facility".
    Page 5, line 6, delete "operation" and insert " facility".
    Page 5, line 11, after "14."insert " (a)".
    Page 5, line 11, delete "shall" and insert " may".
    Page 5, line 12, delete "operation" and insert " facility".
    Page 5, between lines 14 and 15, begin a new paragraph and insert:
    " (b) The board shall issue written notice to the applicant or licensee stating the board's action, the opportunity for a hearing under IC 4-21.5, and the procedure and time limit for requesting a hearing. If the applicant or licensee does not request a hearing before the board within fifteen (15) days of receiving the notice, the


right to a hearing before the board is waived and the notice becomes the final order under IC 4-21.5. If a hearing is requested, the hearing shall be held in compliance with IC 4-21.5.".
    (Reference is to HB 1661 as introduced.)

and when so amended that said bill do pass.

__________________________________

Representative Lytle


AM166102/DI 105    2001