Second Regular Session 115th General Assembly (2008)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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SENATE ENROLLED ACT No. 189
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 15-1-2-12; (08)SE0189.1.1. -->
SECTION 1. IC 15-1-2-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 12.
(a) As used in this
section, "county executive" means the board of commissioners of
a county elected under IC 36-2-2-2.
(b) The
board of county
commissioners of any county containing
taxable property of the value of twenty million dollars ($20,000,000)
or more, in which an interstate fair, as authorized by this chapter, shall
be located, executive may
in their discretion, make an allowance out
of the general funds of
said the county to
said association. But a
corporation incorporated under this chapter.
(c) Before
any such an allowance
shall be under subsection (b) is
made, the president or secretary of the association shall file
a sworn
statement with
said board his sworn statement, the county executive,
showing the:
(1) name and date of organization of
such the association; and
the
(2) amount expended for fair grounds and permanent
improvements
thereon, needed for the fair grounds, and the
amount necessary
to be expended to complete
such the
improvements.
whereupon,
(d) After receiving a sworn statement under subsection (c), the
board county executive may make
such allowances as it shall deem an
allowance that the county executive considers necessary, but that
does not exceeding in the aggregate, the sum of exceed either of the
following:
(1) Ten thousand dollars ($10,000). and not exceeding
(2) One-half (1/2) the amount shown by such the statement to
have been be expended on such the grounds and improvements.
And
(e) The amount so appropriated under this chapter shall be section
is a lien on all the real and personal property of said the association.
and no
(f) Dividends shall may not be declared or paid to the incorporators
or stockholders until the appropriation made by the board shall be is
repaid to the county treasurer with interest.
SOURCE: IC 15-1-6-2; (08)SE0189.1.2. -->
SECTION 2. IC 15-1-6-2 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 2. (a)
Whenever The president or
secretary of
any such society or organization shall file a 4-H club
described in section 1 of this chapter may file a petition signed by
at least thirty (30) resident freeholders of the county with the county
auditor of
any the county,
a petition signed by thirty (30) or more
resident freeholders of such county, requesting
that the
board of
commissioners to executive make
any an allowance provided for in
section 1 of this chapter.
(b) The county auditor shall
cause such have the petition, without
the signatures,
attached thereto, to be published printed in a newspaper
of general circulation
printed and that is published in the county.
and
said auditor shall in said
(c) The notice
give the must state the
date, time,
and place when
such the petition will be considered by the
board of county
commissioners, which executive. The auditor shall set the date, time,
shall be fixed by the auditor for not less than: and place at which the
petition will be considered, which must be at least thirty (30) days
after the publication of
such the notice.
(d) If:
on or before
(1) not later than the time
fixed published in
said the notice for
the consideration of
said the petition by the
board of county
commissioners, executive, a remonstrance signed by more
resident freeholders of the county than the number signing the
petition
shall be is filed with the county auditor protesting
the
making of the allowance,
as petitioned for, the
said board
executive shall consider
such the remonstrance; and
if it
(2) the executive finds that
it the remonstrance is signed by a
greater number of resident freeholders than the petition asking for
an allowance, the board of county commissioners shall have no
authority to executive:
(A) may not make an allowance for such purpose the
purposes set forth in section 1 of this chapter; and
(B) shall dismiss said the petition and take no further action.
thereon.
(b) (e) Any such After final acceptance by the executive, a
petition after final acceptance by the board of county commissioners,
shall be under this section is effective for one (1) or more to five (5)
years, such time to be as determined by the board, but in no event for
a longer period of time than five (5) years. executive.
(c) (f) The county council shall have the power and authority to may
levy an annual tax of not to exceed more than three and thirty-three
hundredths cents ($0.0333) on each one hundred dollars ($100) of
assessed valuation for the purpose of:
(1) constructing;
(2) operating; or
(3) maintaining; any
a building owned and operated by such an agricultural association.
Provided, however, that such a 4-H club described in section 1 of this
chapter. The tax may be levied only until the building has been
constructed and in no event or for a longer period of time not more
than five (5) years, whichever occurs first. After the building has been
constructed, the county council may levy an annual tax of not to exceed
more than sixty-seven hundredths of one cent ($0.0067) on each one
hundred dollars ($100) of assessed valuation for the purpose of
operating and maintaining such the building.
(d) (g) Any agricultural association shall have the power and
authority to A 4-H club described in section 1 of this chapter may
solicit and accept contributions of any kind or nature of contribution
for the development and maintenance of any of their the
organization's projects.
SOURCE: IC 15-2.1-7-5; (08)SE0189.1.3. -->
SECTION 3. IC 15-2.1-7-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 5.
(a) Cattle, goats, and
cervids that
show a positive reaction react positively to a tuberculin
test
shall must be marked immediately using a method of identification
approved by the board.
(b) All animals
identified in accordance with the foregoing
provisions marked under this section shall be appraised by an
authorized agent of the board or the United States Department of
Agriculture.
(c) An identification
mark on reactor cattle,
goats, and cervids
may not be tampered with or altered.
SOURCE: IC 15-2.1-15-4; (08)SE0189.1.4. -->
SECTION 4. IC 15-2.1-15-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 4. (a) The board may
adopt rules requiring that:
(1) all dairy or breeding cattle and bison sold through any public
or private sale must be accompanied with an official health
certificate; and that
(2) the cattle and bison test negative for brucellosis and
tuberculosis.
However, a special form as prescribed by the board may be used for
this purpose instead of the certificate of veterinary inspection.
(b) The board may adopt rules exempting animals from testing for
brucellosis and tuberculosis within Indiana or other states or areas.
(c) The board may not adopt rules exempting animals presenting
little risk of spreading disease from brucellosis and tuberculosis testing
requirements. However, The state veterinarian may order cattle of any
age to be tested to determine the disease status of the animal.
SOURCE: IC 15-2.1-18-10; (08)SE0189.1.5. -->
SECTION 5. IC 15-2.1-18-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 10. (a) The owner of an
animal affected with a dangerous or contagious disease shall report the
disease to the state veterinarian the existence of the disease within not
later than forty-eight (48) hours after knowing it to exist. Any other
discovering the existence of the disease.
(b) A person knowing who is not the owner of an animal but
knows or having has reason to suspect that a dangerous, contagious,
or infectious disease to exist exists among animals shall report the
same existence of disease to the state veterinarian or local health
officer not more later than forty-eight (48) hours after discovering or
having reason to suspect that the condition disease exists.
(c) A local health officer that who receives a report from a person
under this section shall report it the disease within twenty-four (24)
hours to the state veterinarian.
SOURCE: IC 15-7-1-23; (08)SE0189.1.6. -->
SECTION 6. IC 15-7-1-23 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 23.
(a) Any corporation
or association, organized under statutes in effect before February 23,
1925, may, by a majority vote of its stockholders or members,
elect to
be
brought under governed by this chapter by:
(1) limiting its
stockholders or membership; and
(2) adopting the other restrictions provided in this chapter.
(b) The corporation or association shall make out in duplicate a
statement signed and sworn to by its directors,
to the effect specifying
that the corporation or association has, by a majority vote of the
stockholders or members:
(1) decided to accept the benefits and be bound by this chapter;
and has
(2) authorized all the changes. accordingly.
Articles of incorporation shall be filed as required in section 7 of this
chapter, except that they the articles of incorporation shall be signed
by the current members of the then board of directors. The filing fee
shall be the same as for filing an amendment to articles of
incorporation.
SOURCE: IC 15-12-1-43; (08)SE0189.1.7. -->
SECTION 7. IC 15-12-1-43, AS ADDED BY SEA 190-2008,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 43. (a) A corporation or an association organized
under statutes in effect before February 23, 1925, may by a majority
vote of its stockholders or members, may elect to be governed by this
chapter by:
(1) limiting its stockholders or membership; and
(2) adopting the other restrictions provided in this chapter.
(b) The corporation or association shall make out in duplicate a
statement signed and sworn to by its directors specifying that the
corporation or association has, by a majority vote of the stockholders
or members:
(1) decided to accept the benefits of and be bound by this chapter;
and
(2) authorized the changes.
Articles of incorporation must be filed as required in section 12 of this
chapter, except that the articles of incorporation must be signed by the
current members of the board of directors. The filing fee is the same as
for filing an amendment to articles of incorporation.
SOURCE: IC 15-14-1-12; (08)SE0189.1.8. -->
SECTION 8. IC 15-14-1-12, AS ADDED BY SEA 190-2008,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 12. (a) As used in this section, "county executive"
means the board of commissioners of a county elected under
IC 36-2-2-2.
(b) The county executive
of a county containing taxable property
with a value of at least twenty million dollars ($20,000,000) may make
an allowance out of the general fund of the county to a corporation
incorporated under this chapter.
(c) Before an allowance under subsection (b) is made, the president
or secretary of the association shall file a sworn statement with the
county executive showing the:
(1) name and date of organization of the association; and
(2) amount expended for fairgrounds and permanent
improvements needed for the fairgrounds and the amount
necessary to complete the improvements.
(d) After receiving a sworn statement under subsection (c), the
county executive may make an allowance that the county executive
considers necessary, but that does not exceed either of the following:
(1) Ten thousand dollars ($10,000).
(2) One-half (1/2) the amount shown by the statement to be
expended on the grounds and improvements.
(e) The amount appropriated under this section is a lien on the real
and personal property of the association.
(f) Dividends may not be declared or paid to the incorporators or
stockholders until the appropriation made by the board is repaid to the
county treasurer with interest.
SOURCE: IC 15-14-7-3; (08)SE0189.1.9. -->
SECTION 9. IC 15-14-7-3, AS ADDED BY SEA 190-2008,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 3. (a) The president or secretary of a 4-H club
described in section 2 of this chapter may file a petition signed by at
least thirty (30) resident freeholders of the county with the county
auditor of the county requesting that the executive make an
appropriation provided for in section 2 of this chapter.
(b) The county auditor shall have the petition, without the
signatures, published printed in a newspaper of general circulation
printed and that is published in the county.
(c) The notice must state the date and time when the petition will be
considered by the executive. The auditor shall set the date, and time,
and place at which the petition will be considered, which must be at
least thirty (30) days after the publication of the notice.
(d) If not later than the date and time published in the notice for the
consideration of the petition by the executive, a remonstrance signed
by more resident freeholders of the county than the number signing the
petition is filed with the county auditor protesting the allowance, the
executive shall consider the remonstrance. If the executive finds that
the remonstrance is signed by a greater number of resident freeholders
than the petition asking for an allowance, the executive:
(1) may not make an appropriation for the purposes set forth in
section 2 of this chapter; and
(2) shall dismiss the petition and take no further action.
(e) After final acceptance by the executive, a petition under this
section is effective for one (1) to five (5) years, as determined by the
executive.
SOURCE: IC 15-17-7-5; (08)SE0189.1.10. -->
SECTION 10. IC 15-17-7-5, AS ADDED BY SEA 190-2008,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 5. (a) Cattle, goats, and cervids that react
positively to a tuberculin test must be marked immediately using a
method of identification approved by the board.
(b) All animals marked under this section shall be appraised by an
authorized agent of the board or the United States Department of
Agriculture.
(c) An identification mark on reactor cattle, goats, and cervids may
not be tampered with or altered.
SOURCE: IC 15-17-10-1; (08)SE0189.1.11. -->
SECTION 11. IC 15-17-10-1, AS ADDED BY SEA 190-2008,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 1. (a) The owner of an animal affected with a
dangerous or contagious disease shall report the disease to the state
veterinarian not later than forty-eight (48) hours after discovering the
existence of the disease.
(b) A person veterinarian, caretaker, or custodian of an animal
who:
(1) is not the owner of an the animal; who and
(2) knows or has reason to suspect that a dangerous, contagious,
or infectious disease exists among animals in the animal;
shall report the existence of disease to the state veterinarian or local
health officer not later than forty-eight (48) hours after discovering or
having reason to suspect the disease exists.
(c) A local health officer who receives a report from a person under
this section shall report the disease within twenty-four (24) hours to the
state veterinarian.
SOURCE: IC 15-17-15-3; (08)SE0189.1.12. -->
SECTION 12. IC 15-17-15-3, AS ADDED BY SEA 190-2008,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 3. (a) The board may adopt rules requiring that:
(1) all dairy or breeding cattle and bison sold through any public
or private sale must be accompanied with an official health
certificate; and
(2) the cattle and bison test negative for brucellosis and
tuberculosis.
However, a special form prescribed by the board may be used for this
purpose instead of the certificate of veterinary inspection.
(b) The board may adopt rules exempting animals from testing for
brucellosis and tuberculosis within Indiana or other states or areas.
(c)
The board may not adopt rules exempting animals presenting
little risk of spreading disease from brucellosis and tuberculosis testing
requirements. However, The state veterinarian may order cattle of any
age to be tested to determine the disease status of the animal.
SEA 189 _ Concur
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