HOUSE BILL No. 1661
DIGEST OF INTRODUCED BILL
Synopsis: Domesticated deer farms. Establishes a permit process to
operate a cervidae livestock facility. Provides procedures for the
Indiana state board of animal health to issue permits to persons who
meet certain requirements. Requires the cervidae livestock facility to
be inspected and wild and free ranging cervidae to be removed from
the facility before a permit is approved. Provides for penalties.
Effective: July 1, 2001.
Herrell, Friend, Lytle, McClain
January 17, 2001, read first time and referred to Committee on Agriculture, Natural
Resources and Rural Development.
First Regular Session 112th General Assembly (2001)
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
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
this style type
between statutes enacted by the 2000 General Assembly.
HOUSE BILL No. 1661
A BILL FOR AN ACT to amend the Indiana Code concerning
agriculture and animals.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 14-8-2-318; (01)IN1661.1.1. -->
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 318. "Wild animal" has
the following meaning:
(1) For purposes of IC 14-22, except as provided in subdivision
(2), an animal whose species usually:
(A) lives in the wild; or
(B) is not domesticated.
(2) For purposes of
, the meaning set forth in
The term "wild animal" does not include cervidae located on a
cervidae livestock operation under
SOURCE: IC 15-5-19; (01)IN1661.1.2. -->
IS ADDED TO THE INDIANA CODE AS
CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
Chapter 19. Cervidae Livestock Operations
Sec. 1. As used in this chapter, "board" refers to the Indiana
state board of animal health established by
Sec. 2. As used in this chapter:
(1) "cervidae livestock facility" means privately owned
cervidae livestock on privately owned land that is operated to
produce, grow, propagate, use, harvest, transport, export,
import, or market cervidae species or cervidae products; and
(2) "cervidae livestock facility" means an agricultural
enterprise that raises cervidae as domestic animals and is part
of the farming and agricultural industry in Indiana.
Sec. 3. (a) This chapter does not give a cervidae livestock facility
the authority to take wild or free ranging cervidae, unless
authorized by the department of natural resources.
(b) A person who has a cervidae livestock operation permit is
not required to obtain a license or permit from the department of
natural resources to harvest privately owned cervidae.
Sec. 4. A person must obtain a cervidae livestock operation
permit to operate a cervidae livestock facility.
Sec. 5. (a) To apply for an initial cervidae livestock operation
permit, a person must submit to the board the following:
(1) An application with the following information:
(A) The name and address of the applicant.
(B) The location of the proposed cervidae livestock facility,
including the legal description of the land, the size of the
land, and address.
(C) The cervidae species and the maximum number of
cervidae proposed to be allowed at the cervidae livestock
(D) The applicant's business plan, including the methods,
protocols, and procedures the person intends on
implementing to comply with this chapter.
(E) The actions and precautions taken to prevent the
transmission of disease among or between wild or free
range cervidae and privately owned cervidae, including
methods of fencing and animal identification.
(F) The proposed method to remove wild or free ranging
cervidae from the proposed facility, and the proposed
method to verify that the wild or free ranging cervidae
have been removed, if applicable.
(G) The record keeping system that will be used.
(H) The current zoning ordinances that apply to the
(I) Any ordinances concerning fences that apply to the
(J) Any other information required by the board.
(2) Pays the application fee determined by the board.
(b) The board shall forward a copy of the initial application to
the department of natural resources and each local unit of
government where the proposed cervidae livestock facility will be
located. Within thirty (30) days of receipt of the application:
(1) the department of natural resources may respond to the
board concerning the applicant's methods to remove wild
cervidae from the proposed facility and the impact the facility
will place on wildlife habitat and migration corridors; and
(2) the local unit of government may respond to the board
indicating if the applicant's cervidae livestock facility would
violate a local zoning or fence ordinance.
Sec. 6. The board shall inspect a proposed cervidae livestock
facility not more than thirty (30) days after the applicant has
informed the board that the facility is completed and ready to be
Sec. 7. (a) The board shall issue an initial cervidae livestock
operation permit to a person when the following requirements have
(1) A completed application has been submitted.
(2) The application fee has been paid.
(3) The cervidae livestock facility has been inspected and
meets the board's:
(A) operational standards; and
(B) fencing and construction requirements.
(4) The facility complies with the business plan submitted to
(5) The wild or free ranging cervidae species have been
removed from the cervidae livestock facility.
(6) The applicant can appropriately identify the facility's
(7) The cervidae livestock facility complies with local zoning
(b) If the board denies an applicant a cervidae livestock
operation permit, the board shall give the applicant a written
denial that specifies the deficiencies that need to be corrected in
order for a permit to be issued. Without filing a second application,
an applicant may submit a revised application and request a
second inspection after the deficiencies have been corrected.
(c) A cervidae livestock operation permit expires three (3) years
from the date the permit is issued.
Sec. 8. A cervidae livestock operation permit must contain the
(1) The complete name, business name, and business address
of the cervidae livestock facility permit holder.
(2) The permit registration number and expiration date.
(3) The complete address of the cervidae livestock facility
(4) The cervidae species and the maximum number of
cervidae allowed at the cervidae livestock facility location.
(5) The complete name, address, and telephone number of the
board contact person concerning cervidae livestock
Sec. 9. The board shall adopt rules under
IC 4-22-2 to regulate
(1) The operational standards for cervidae livestock facilities.
(2) Application and renewal fees. The fees must be determined
by the size of the facility and the number of cervidae located
at the facility. However, the fees may not exceed five hundred
dollars ($500) per facility.
(3) Fence height and construction requirements for different
species of cervidae.
(4) Standards to appropriately identify individual animals.
(5) Standards and procedures to renew or amend cervidae
livestock operation permits.
(6) Any other matters that are necessary to implement this
Sec. 10. (a) The board shall send a cervidae livestock operation
permit holder a renewal application sixty (60) days before the
expiration of the holder's permit.
(b) If the holder of a cervidae livestock operation permit
submits a complete renewal application and renewal fee to the
board before the expiration of the permit, the expiration of the
current permit is extended until the renewal application is
approved or denied.
Sec. 11. The board may inspect any cervidae livestock facility
and collect samples or specimens at the facility during normal
Sec. 12. If a cervidae livestock facility is sold or transferred, the
new owner shall inform the board in writing not more than ten (10)
business days after the sale or transfer. The new owner of the
cervidae livestock facility may operate under the existing cervidae
livestock operation permit for:
(1) one hundred eighty (180) days; or
(2) until the existing permit expires;
whichever comes first.
Sec. 13. (a) A person may not release cervidae from a cervidae
livestock facility into the wild.
(b) A holder of a cervidae livestock operation permit shall
inform the board within one (1) business day if a cervidae escapes
from a cervidae livestock facility.
(c) A person shall not intentionally or knowingly cause the
ingress of wild cervidae into a cervidae livestock facility.
Sec. 14. The board shall deny, suspend, revoke, or limit a
cervidae livestock operation permit if, after a hearing, the board
determines that the applicant or holder of the permit has failed to
comply with this chapter or standards adopted by the board.
Sec. 15. A person who recklessly, knowingly, or intentionally
violates section 4 or 13 of this chapter commits a Class B