Second Regular Session 115th General Assembly (2008)


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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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