Introduced Version






SENATE BILL No. 498

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 14-8-2; IC 14-31-3.

Synopsis: Ginseng. Requires a person to be licensed to grow or harvest ginseng. Establishes separate licenses for individuals and business entities that are ginseng dealers. Requires a ginseng grower to provide the department of natural resources (DNR) with an annual summary of the grower's cultivated ginseng harvest. Prohibits the possession of wild ginseng by a harvester except during the harvest season, unless approved by DNR. Prohibits the purchase, sale, or possession of wild ginseng by a ginseng dealer except during the time established by DNR, unless approved by DNR. (Current law applies to all ginseng.) Requires the natural resources commission to establish certain document requirements to be used by ginseng dealers, harvesters, and growers. Allows the commission to set license fees above the amount prescribed. Make certain conforming changes.

Effective: July 1, 2011.





Young R




    January 13, 2011, read first time and referred to Committee on Agriculture and Natural Resources.







Introduced

First Regular Session 117th General Assembly (2011)


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.
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SENATE BILL No. 498



    A BILL FOR AN ACT to amend the Indiana Code concerning natural and cultural resources.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 14-8-2-62.6; (11)IN0498.1.1. -->     SECTION 1. IC 14-8-2-62.6 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 62.6 "Cultivated ginseng", for purposes of IC 14-31-3, has the meaning set forth in IC 14-31-3-1.5.
SOURCE: IC 14-8-2-116.1; (11)IN0498.1.2. -->     SECTION 2. IC 14-8-2-116.1 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 116.1. "Ginseng grower", for purposes of IC 14-31-3, has the meaning set forth in IC 14-31-3-3.3.
SOURCE: IC 14-8-2-116.3; (11)IN0498.1.3. -->     SECTION 3. IC 14-8-2-116.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 116.3. "Ginseng harvester", for purposes of IC 14-31-3, has the meaning set forth in IC 14-31-3-3.6.
SOURCE: IC 14-8-2-202; (11)IN0498.1.4. -->     SECTION 4. IC 14-8-2-202 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 202. (a) "Person" means, except as provided in subsections (b) through (j), an individual, a partnership, an association, a fiduciary, an executor or administrator, a limited liability company, or a corporation.
    (b) "Person", for purposes of IC 14-12-2, has the meaning set forth in IC 14-12-2-3.
    (c) "Person", for purposes of IC 14-16, IC 14-22-28, IC 14-24, IC 14-26-2, IC 14-28-1, IC 14-28-3, IC 14-29-6, and IC 14-38-2, means an individual, a partnership, an association, a fiduciary, an executor or administrator, a limited liability company, a corporation, other legal entity, the state, or an agency, a political subdivision, or another instrumentality of the state.
    (d) "Person", for purposes of IC 14-12-1, IC 14-12-2, IC 14-20-1, IC 14-21, IC 14-25 through IC 14-29, except as otherwise provided in this section, IC 14-33, IC 14-34, and IC 14-37, means an individual, a partnership, an association, a fiduciary, an executor or administrator, a limited liability company, a corporation, or a governmental entity.
    (e) "Person", for purposes of IC 14-22-31.5, has the meaning set forth in IC 14-22-31.5-2.
    (f) "Person", for purposes of IC 14-25-3, has the meaning set forth in IC 14-25-3-1.
    (g) "Person", for the purposes of IC 14-25-7, has the meaning set forth in IC 14-25-7-5.
     (h) "Person", for purposes of IC 14-31-3, has the meaning set forth in IC 14-31-3-4.3.
    (h) (i) "Person", for purposes of IC 14-34, means an individual, a partnership, a limited liability company, an association, a society, a joint stock company, a firm, a company, a corporation, or other business organization.
    (i) (j) "Person", for purposes of IC 14-38-1, has the meaning set forth in IC 14-38-1-2.
    (j) (k) "Person", for purposes of IC 14-24-12, has the meaning set forth in IC 14-24-12-4.
SOURCE: IC 14-8-2-215.5; (11)IN0498.1.5. -->     SECTION 5. IC 14-8-2-215.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 215.5. "Processed ginseng", for purposes of IC 14-31-3, has the meaning set forth in IC 14-31-3-4.6.
SOURCE: IC 14-8-2-250; (11)IN0498.1.6. -->     SECTION 6. IC 14-8-2-250 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 250. "Selling season", for purposes of IC 14-31-3-9, IC 14-31-3, has the meaning set forth in IC 14-31-3-9. IC 14-31-3-5.5.
SOURCE: IC 14-31-3-1.5; (11)IN0498.1.7. -->     SECTION 7. IC 14-31-3-1.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1.5. As used in this chapter, "cultivated ginseng" means any ginseng that is grown in a tilled bed:
        (1) under shading structures; or
        (2) under natural shade.

SOURCE: IC 14-31-3-2; (11)IN0498.1.8. -->     SECTION 8. IC 14-31-3-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 2. (a) As used in this chapter, "ginseng" refers to American ginseng (Panax quinquefolius L.).
    (b) The term does not include ginseng that is:
        (1) ready processed ginseng for consumption; and
        (2) sold or bought at retail.
SOURCE: IC 14-31-3-3; (11)IN0498.1.9. -->     SECTION 9. IC 14-31-3-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 3. (a) As used in this chapter, "ginseng dealer" means a person who buys ginseng roots in Indiana from ginseng harvesters. or other ginseng dealers for resale or exportation.
    (b) The term does not include a person who sells solely for domestic consumption.
SOURCE: IC 14-31-3-3.3; (11)IN0498.1.10. -->     SECTION 10. IC 14-31-3-3.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 3.3. As used in this chapter, "ginseng grower" means a person that plants or grows cultivated ginseng.
SOURCE: IC 14-31-3-3.6; (11)IN0498.1.11. -->     SECTION 11. IC 14-31-3-3.6 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 3.6. As used in this chapter, "ginseng harvester" means a person who harvests wild ginseng.
SOURCE: IC 14-31-3-4.3; (11)IN0498.1.12. -->     SECTION 12. IC 14-31-3-4.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 4.3. As used in this chapter, "person" means an individual or a business entity.
SOURCE: IC 14-31-3-4.6; (11)IN0498.1.13. -->     SECTION 13. IC 14-31-3-4.6 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 4.6. (a) As used in this chapter, "processed ginseng" means cultivated or wild ginseng that:
        (1) has been chopped, cut, ground, or otherwise made unfit for the wild ginseng trade; and
        (2) is ready for consumption, or sold or bought at retail.
    (b) The term does not include whole ginseng roots.

SOURCE: IC 14-31-3-5.5; (11)IN0498.1.14. -->     SECTION 14. IC 14-31-3-5.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 5.5. As used in this chapter, "selling season" means the season established by the commission under section 14(b)(2) of this chapter.
SOURCE: IC 14-31-3-7; (11)IN0498.1.15. -->     SECTION 15. IC 14-31-3-7 IS AMENDED TO READ AS

FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 7. A person must have a license issued by the department to be a act as any of the following:
        (1) An individual
ginseng dealer. in Indiana.
         (2) A business entity ginseng dealer.
        (3) A ginseng harvester.
        (4) A ginseng grower.

SOURCE: IC 14-31-3-8; (11)IN0498.1.16. -->     SECTION 16. IC 14-31-3-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 8. (a) To obtain or renew a ginseng dealer's license, a person must do the following:
        (1) Apply to the department for the license in the manner prescribed by the department.
        (2) Pay a the license fee of one hundred dollars ($100) before August 15 of each year. established by the commission under section 14.5 of this chapter.
(b) A ginseng dealer's license expires annually on issued under this subsection is effective for one (1) year, from September 1 through August 31. To renew a ginseng dealer's license, a person must apply under subdivision (1) and pay the license fee under subdivision (2) not later than the August 15 immediately preceding the license's expiration date.
     (b) To obtain a ginseng harvester's license, a person must do the following:
        (1) Apply to the department in the manner prescribed by the department.
        (2) Pay the license fee established by the commission under section 14.5 of this chapter.
A ginseng harvester's license issued under this subsection is valid only for the duration of the harvest season.

     (c) To obtain or renew a ginseng grower's license, a person must do the following:
        (1) Apply to the department for the license in the manner prescribed by the department.
        (2) Pay the license fee established by the commission under section 14.5 of this chapter.
A ginseng grower's license issued under this subsection is effective for one (1) year, from September 1 through August 31. To renew a ginseng grower's license, a person must apply under subdivision (1) and pay the license fee under subdivision (2) not later than the August 15 immediately preceding the license's expiration date.
    (d) The director and authorized agents appointed by the director may issue ginseng dealer, harvester, and grower licenses.
    (e) Each ginseng dealer, harvester, and grower license must be

in a form prescribed by the director. The director may furnish authorized agents with all necessary equipment needed to issue a license.
    (f) A dealer, harvester, or grower license purchased electronically is valid only with the original signature of the licensee on the form prescribed by the director. The licensee's signature serves as an affidavit that the license information is true and accurate.

SOURCE: IC 14-31-3-8.2; (11)IN0498.1.17. -->     SECTION 17. IC 14-31-3-8.2 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 8.2. An individual who holds a ginseng dealer's license may buy and sell wild ginseng in Indiana.
SOURCE: IC 14-31-3-8.4; (11)IN0498.1.18. -->     SECTION 18. IC 14-31-3-8.4 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 8.4. A business that holds a ginseng dealer's license, including employees and agents of the business, may buy and sell wild ginseng at the business's business address.
SOURCE: IC 14-31-3-8.6; (11)IN0498.1.19. -->     SECTION 19. IC 14-31-3-8.6 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 8.6. (a) A person who holds a ginseng harvester's license may harvest wild ginseng during the harvest season.
    (b) A person must have a ginseng harvester's license in the person's possession while harvesting wild ginseng.
    (c) A person is not required to have a license to harvest wild ginseng if:
        (1) the ginseng is harvested by an owner or a legal resident of the land where the ginseng is harvested; and
        (2) the ginseng is not sold.

SOURCE: IC 14-31-3-8.8; (11)IN0498.1.20. -->     SECTION 20. IC 14-31-3-8.8 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 8.8. A person who holds a ginseng grower's license may do the following:
        (1) Propagate and harvest cultivated ginseng.
        (2) Buy and sell cultivated ginseng in Indiana, including transactions conducted by employees or agents of the grower at the grower's business address.

SOURCE: IC 14-31-3-9; (11)IN0498.1.21. -->     SECTION 21. IC 14-31-3-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 9. (a) As used in this section, "selling season" means the season established by the commission under section 14(b)(2) of this chapter.
    (b) (a) Each ginseng dealer shall submit a summary of all ginseng purchased and sold by the ginseng dealer during the selling season to the department within thirty (30) days of the last day of the selling season. The summary must also contain other information and be prepared in the manner required by the department. by rule.
     (b) Each ginseng grower shall submit to the department, not later than thirty (30) days after the last day of the selling season, a summary of all cultivated ginseng harvested by the ginseng grower during the previous calendar year. The summary must be prepared in the manner required by the department.
SOURCE: IC 14-31-3-10; (11)IN0498.1.22. -->     SECTION 22. IC 14-31-3-10 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 10. (a) Wild ginseng may not be harvested except during harvest season.
    (b) Wild ginseng harvested in Indiana may not be possessed by a ginseng harvester during the part of a year established under section 14(b)(3) of this chapter, unless the department gives written authorization otherwise.
    (c) Wild ginseng harvested in Indiana may not be bought, sold, or possessed by a ginseng dealer during the part of a year established under section 14(b)(4) of this chapter, unless the department gives written authorization otherwise.
    (d) Ginseng that is harvested in Indiana may not be taken or otherwise removed from Indiana without written authorization from the department.
SOURCE: IC 14-31-3-13; (11)IN0498.1.23. -->     SECTION 23. IC 14-31-3-13 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 13. The department may establish wild ginseng harvesting quotas based on the results of research and data collection.
SOURCE: IC 14-31-3-14; (11)IN0498.1.24. -->     SECTION 24. IC 14-31-3-14 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 14. (a) The department may adopt rules under IC 4-22-2 that are necessary to carry out this chapter.
    (b) The commission shall adopt rules under IC 4-22-2 to do the following:
        (1) Establish the harvest season.
        (2) Establish the selling season.
        (3) Establish the part of a year when ginseng harvested in Indiana may not be possessed by a ginseng harvester without written authorization from the department.
        (4) Establish the part of a year when ginseng harvested in Indiana may not be bought, sold, or possessed by a ginseng dealer without written authorization from the department.
         (5) Specify reports, logs, certificates, and other documents required to be used by licensed ginseng dealers, harvesters, and growers.
     (c) A person who holds a license under this chapter shall complete any required reports, logs, certificates, and other documents in a manner that is true, legible, and accurate.
SOURCE: IC 14-31-3-14.5; (11)IN0498.1.25. -->     SECTION 25. IC 14-31-3-14.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 14.5. (a) Subject to subsection (b), the commission shall set the amount of the license fee required to obtain and renew a license issued under this chapter.
    (b) The license fees established under subsection (a):
        (1) may not exceed an amount necessary to administer this chapter; and
        (2) must be at least:
            (A) seventy-five dollars ($75) for a ginseng dealer's license;
            (B) ten dollars ($10) for a ginseng harvester's license; and
            (C) twenty-five dollars ($25) for a ginseng grower's license.

SOURCE: IC 14-31-3-16; (11)IN0498.1.26. -->     SECTION 26. IC 14-31-3-16 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 16. A person who harvests wild ginseng out of a harvest season in violation of section 10 of this chapter commits a Class B misdemeanor.
SOURCE: IC 14-31-3-17; (11)IN0498.1.27. -->     SECTION 27. IC 14-31-3-17 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 17. Except as provided in section 8.6(c) of this chapter, a person who possesses unprocessed wild ginseng out of a harvest season in violation of section 10 of this chapter commits a Class B misdemeanor.
SOURCE: IC 14-31-3-18; (11)IN0498.1.28. -->     SECTION 28. IC 14-31-3-18 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 18. A person who harvests wild ginseng in an amount greater than a quota established under section 13 of this chapter commits a Class B infraction.