SB 314-1_ Filed 02/16/2006, 09:40
Your Committee on Agriculture and Rural Development , to which was referred
Senate Bill 314 , 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:
Delete the title and insert the following:
A BILL FOR AN ACT to amend the Indiana Code concerning
natural and cultural resources and agriculture and animals.
Between the enacting clause and page 1, begin a new paragraph and
SOURCE: IC 14-8-2-318; (06)CR031402.1. -->
"SECTION 1. IC 14-8-2-318 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: 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) that lives in the wild. or
(B) is not domesticated.
(2) For purposes of IC 14-22-38-6, the meaning set forth in
SOURCE: IC 14-22-1-1; (06)CR031402.2. -->
SECTION 2. IC 14-22-1-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. (a) All wild
except those that are:
(1) legally owned or being held in captivity under a license or
permit as required by this article; or
(2) otherwise excepted in this article;
are the property of the people of Indiana.
(b) The department shall protect and properly manage the fish and
wildlife resources of Indiana.
SOURCE: IC 14-22-2-6; (06)CR031402.3. -->
SECTION 3. IC 14-22-2-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 6. (a) The director
shall adopt rules under IC 4-22-2 to do the following:
(1) Establish, open, close, lengthen, suspend, or shorten seasons.
(2) Establish bag, sex, and size limits.
(3) Establish limitations on the numbers of hunters and fishermen.
(4) Establish the methods, means, and time of:
(A) taking, chasing, transporting, and selling; or
(B) attempting to take, transport, or sell;
or exotic mammals, with or without dogs, in Indiana
or in a designated part of Indiana.
(5) Establish other necessary rules to do the following:
(A) Administer this chapter.
(B) Properly manage wild animals
or exotic mammals in a
designated water or land area of Indiana.
(6) Set aside and designate land or water or parts of the land or
water owned, controlled, or under contract or acquired by the state
for conservation purposes as a public hunting and fishing ground
under the restrictions, conditions, and limitations that are
determined to be appropriate.
(1) may be adopted only after thorough investigation; and
(2) must be based upon data relative to the following:
(A) The welfare of the wild animal.
(B) The relationship of the wild animal to other animals.
(C) The welfare of the people.
(c) Whenever the director determines that it is necessary to adopt
rules, the director shall comply with the following:
(1) Rules must clearly describe and set forth any applicable
(2) The director shall make or cause to be made a periodic review
of the rules.
(3) A copy of each rule, as long as the rule remains in force and
effect, shall be included and printed in each official compilation
of the Indiana fish and wildlife law.
(d) The director may modify or suspend a rule for a time not to
exceed one (1) year under IC 4-22-2-37.1.
SOURCE: IC 14-22-20.5-2; (06)CR031402.4. -->
SECTION 4. IC 14-22-20.5-2, AS ADDED BY P.L.93-2005,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2. As used in this chapter, "cervidae livestock
operation" means an operation that:
(1) has a game breeders license issued by the department of
natural resources under IC 14-22-20;
(2) (1) contains privately owned cervidae; and
(3) (2) involves the breeding, propagating, purchasing, selling,
and marketing of cervidae or cervidae products;
but does not involve the hunting of privately owned cervidae.
SOURCE: IC 14-22-31-4; (06)CR031402.5. -->
SECTION 5. IC 14-22-31-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 4. Upon receipt of
an application, the department shall do the following:
(1) Inspect the following:
(A) The proposed shooting preserve.
(B) The facilities for propagating the game birds.
(C) The cover.
(D) The capability of the applicant to maintain such an
(2) If found feasible, approve the application and issue a license
to the applicant.
SOURCE: IC 14-22-31-7; (06)CR031402.6. -->
SECTION 6. IC 14-22-31-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 7. A person issued
a license under section 4 of this chapter may propagate and offer for
hunting the following animals that are captive reared and released:
Properly marked mallard ducks.
Other game bird species that the department determines by
(2) Species of exotic mammals that the department determines by
SOURCE: IC 14-22-31-8; (06)CR031402.7. -->
SECTION 7. IC 14-22-31-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 8. (a) A person
may not take game birds
and exotic mammals on a shooting preserve
unless the person has a hunting license required under this article,
except nonresidents of Indiana who must possess a special license to
shoot on licensed shooting preserves.
(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 December 31 of the year issued.
(d) The fee for a special license is eight dollars and seventy-five
cents ($8.75). All fees shall be deposited in the fish and wildlife fund.
SOURCE: IC 14-22-31-10; (06)CR031402.8. -->
SECTION 8. IC 14-22-31-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 10. The licensee
of a shooting preserve shall issue a bill of sale designating game birds
or exotic mammals lawfully taken upon the shooting preserve. The bill
of sale must accompany all game birds and exotic mammals removed
from the shooting preserve. The licensee shall retain a copy of all bills
of sale issued to persons removing game birds or exotic mammals from
the shooting preserve. The bills of sale are subject to inspection by the
fish and wildlife division at any time.
SOURCE: IC 14-22-32-1; (06)CR031402.9. -->
SECTION 9. IC 14-22-32-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. This chapter
does not apply to the following:
(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.
SOURCE: IC 14-22-32-2; (06)CR031402.10. -->
SECTION 10. IC 14-22-32-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. A person may
not do any of the following:
(1) Offer a game bird
or an exotic mammal for hunting, trapping,
or chasing by a person using a weapon or device that is not a
shotgun, muzzle loading gun, handgun, or bow and arrow.
(2) Hunt, trap, or chase a game bird
or an exotic mammal with a
weapon or device that is not a shotgun, muzzle loading gun,
handgun, or bow and arrow.
SOURCE: IC 14-22-32-5; (06)CR031402.11. -->
SECTION 11. IC 14-22-32-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 5. If a person
violates section 2(1) of this chapter, the department shall enter a
recommended order to dispose of any game bird
or exotic mammal the
person owns, keeps, harbors, or otherwise possesses. Before the order
becomes a final determination of the department, a hearing must be held
under IC 4-21.5-3. The hearing shall be conducted by an administrative
law judge for the commission. The determination of the administrative
law judge is a final agency action under IC 4-21.5-1-6.".
SOURCE: Page 2, line 41; (06)CR031402.2. -->
Page 2, line 41, delete "quality," and insert " quality from
Page 4, line 11, after "the" insert " administrative".
Page 4, line 12, delete "conservation." and insert " conservation
Page 13, after line 42, begin a new paragraph and insert:
SOURCE: IC 15-5-9-8; (06)CR031402.31. -->
"SECTION 31. IC 15-5-9-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 8. (a) All money
derived by the taxing of dogs under this chapter shall constitute a fund
known as the township dog fund that the township trustee shall use in
the manner provided in this chapter for the payment of the following:
(1) Damages, less insurance proceeds, sustained by owners of the
following stock, fowl, or game killed, maimed, or damaged by
(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) (M) Bison.
(O) (N) Farm raised cervidae.
(P) (O) Ratitae.
(2) The expense of taking the Pasteur treatment for hydrophobia
incurred by any person bitten by or exposed to a dog known to
have hydrophobia, within any township of Indiana.
(b) Any person requiring the treatment described in subsection (a)(2)
may select the person's own physician.
(c) No damages shall be assessed or paid under this chapter on sheep
except where individual damage exists or is shown.
(d) This subsection applies to a county whose legislative body has
acted under this subsection. A county legislative body may designate
by ordinance one (1) humane society located in that county to receive
fifty cents ($0.50) from each dog tax payment collected under this
(e) A humane society designated under subsection (d) shall use the
funds disbursed to the society to maintain an animal shelter.
(f) If a county does not designate a humane society to receive
payments under subsection (d), those amounts remain in the township
SOURCE: IC 14-8-2-87; IC 14-22-20.
; (06)CR031402.32. -->
SECTION 32. THE FOLLOWING ARE REPEALED
[EFFECTIVE UPON PASSAGE]: IC 14-8-2-87; IC 14-22-20.
SOURCE: ; (06)CR031402.33. -->
SECTION 33. [EFFECTIVE UPON PASSAGE] (a) As used in this
SECTION, "department" refers to the department of agriculture
established by IC 15-9-2-1.
(b) The legislative services agency shall prepare legislation for
introduction in the 2007 regular session of the general assembly to
organize the statutes concerning soil and water conservation and
move the soil and water conservation statutes to IC 15-9, the article
concerning the department.
(c) This SECTION expires July 1, 2007.
SOURCE: ; (06)CR031402.34. -->
SECTION 34. An emergency is declared for this act.
Renumber all SECTIONS consecutively.
(Reference is to SB 314 as printed January 27, 2006.)
and when so amended that said bill do pass.
CR031402/DI 14 2006