SB 314-1_ Filed 02/16/2006, 09:40

Text Box

Adopted Rejected


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COMMITTEE REPORT

            
                                                        YES:

10

                                                        NO:
0

MR. SPEAKER:

    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 insert:

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 IC 14-22-38-6.
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 animals 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;
        wild animals, 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.
    (b) Rules:
        (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 changes.
        (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. or exotic mammals.
            (C) The cover.
            (D) The capability of the applicant to maintain such an operation.
        (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:
        (1) Pheasant.
         (2) Quail.
         (3) Chukar partridges.
         (4) Properly marked mallard ducks. and
         (5) Other game bird species that the department determines by

rule.
        (2) Species of exotic mammals that the department determines by rule.

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 sediment,".
    Page 4, line 11, after "the" insert " administrative".
    Page 4, line 12, delete "conservation." and insert " conservation practices.".
    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 dogs:
            (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) (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 chapter.
    (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 dog fund.".
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.

__________________________________

Representative Gutwein


CR031402/DI 14    2006