Introduced Version






SENATE BILL No. 598

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DIGEST OF INTRODUCED BILL



Citations Affected: IC 15-21.

Synopsis: Animal rescue operations. Provides that standards of care and certain other requirements applicable to commercial dog breeders and brokers also apply to private animal rescue operations. Requires registration of private animal rescue operations with the board of animal health and payment of an annual registration fee of $75. Prohibits a unit from enacting or enforcing an ordinance that imposes more stringent requirements on a commercial dog breeder, commercial dog broker, or private animal rescue operation than those established by statute, and creates a cause of action against a unit that violates this prohibition.

Effective: July 1, 2013.





Waterman




    January 15, 2013, read first time and referred to Committee on Commerce, Economic Development & Technology.







Introduced

First Regular Session 118th General Assembly (2013)


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. 598



    A BILL FOR 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 15-21-1-1; (13)IN0598.1.1. -->     SECTION 1. IC 15-21-1-1, AS AMENDED BY P.L.1-2010, SECTION 66, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. (a) This article does not apply to:
        (1) an animal shelter;
        (2) a humane society;
        (3) an animal rescue operation operated by a unit (as defined in IC 36-1-2-23);
        (4) a hobby breeder;
        (5) a person who breeds at least seventy-five percent (75%) of the person's dogs as sport dogs for hunting purposes; or
        (6) a person who breeds at least seventy-five percent (75%) of the person's dogs as service dogs or as dogs for use by the police or the armed forces.
    (b) As used in this section, "animal rescue operation" means a person or organization
        (1) that accepts within one (1) year:
        (A) (1) more than twelve (12) dogs; or
        (B) (2) more than nine (9) dogs and more than three (3) unweaned litters of puppies;
that are available for adoption for human companionship as pets or as companion animals. in permanent adoptive homes and that are maintained in a private residential dwelling; or
        (2) that uses a system of private residential dwellings as foster homes for the dogs.
The term does not include a person or organization that breeds dogs, or an animal rescue operation operated by a unit.
    (c) As used in this section, "hobby breeder" means a person who maintains fewer than twenty (20) unaltered female dogs that are at least twelve (12) months of age.
SOURCE: IC 15-21-2-1; (13)IN0598.1.2. -->     SECTION 2. IC 15-21-2-1, AS ADDED BY P.L.111-2009, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. A person may not operate:
        (1) a commercial dog breeder operation; or
        (2) as a commercial dog broker; or
        (3) an animal rescue operation;

without being registered with the board in accordance with this chapter.
SOURCE: IC 15-21-2-2; (13)IN0598.1.3. -->     SECTION 3. IC 15-21-2-2, AS ADDED BY P.L.111-2009, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2. A person who:
        (1) is registered as a commercial dog breeder or operator of an animal rescue operation; and
        (2) operates a commercial dog breeder operation or operates an animal rescue operation;
shall indicate that the person is registered as a commercial dog breeder or operator of an animal rescue operation in a place clearly visible to the public.
SOURCE: IC 15-21-2-3; (13)IN0598.1.4. -->     SECTION 4. IC 15-21-2-3, AS ADDED BY P.L.111-2009, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3. (a) A commercial dog breeder or operator of an animal rescue operation who knowingly or intentionally fails to register with the board as a commercial dog breeder or operator of an animal rescue operation commits a Class A misdemeanor.
    (b) A commercial dog broker who knowingly or intentionally fails to register with the board as a commercial dog broker commits a Class A misdemeanor.
    (c) A commercial dog breeder, operator of an animal rescue operation, or a commercial dog broker who fails to register with the board is liable to the state for two (2) times the amount of registration fees that the commercial dog breeder, operator of an animal rescue

operation, or commercial dog broker failed to pay. The attorney general may bring an action to collect unpaid commercial dog breeder or commercial dog broker registration fees. Funds collected from a commercial dog breeder or commercial dog broker under this subsection shall be deposited in the commercial dog breeder and broker fund established by IC 15-21-3-3. Funds collected under this subsection from an operator of an animal rescue operation shall be deposited in the animal rescue operation fund established by IC 15-21-3-5.

SOURCE: IC 15-21-3-4; (13)IN0598.1.5. -->     SECTION 5. IC 15-21-3-4 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 4. (a) An operator of an animal rescue operation shall register annually with the board.
    (b) The board shall provide a registrant with notice of the upcoming expiration of the registrant's registration at least thirty (30) days before the expiration of the one (1) year registration period.
    (c) The fee to register or renew a registration as an operator of an animal rescue operation is seventy-five dollars ($75). The fee shall be deposited in the animal rescue operation fund established by section 5 of this chapter.
    (d) A person who registers or renews a registration as an operator of an animal rescue operation must include the following in the registration or renewal application:
        (1) The name and address of the person who owns the animal rescue operation.
        (2) The name and location of the animal rescue operation.
        (3) Any other information related to taxation that is required by the board.
    (e) A person who knowingly or intentionally makes a material misstatement in an animal rescue operation registration statement commits false registration of an animal rescue operation, a Class A misdemeanor.

SOURCE: IC 15-21-3-5; (13)IN0598.1.6. -->     SECTION 6. IC 15-21-3-5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 5. (a) The animal rescue operation fund is established for the purpose of funding:
        (1) the inspection of animal rescue operations by the board; and
        (2) the enforcement by the board of laws concerning animal rescue operations.
The fund shall be administered by the board.
    (b) The fund consists of animal rescue operation fees.
    (c) The expenses of administering the fund shall be paid from money in the fund.
    (d) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested. Interest that accrues from these investments shall be deposited in the fund.
    (e) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
    (f) Money in the fund is continually appropriated to carry out the purposes of the fund.
    (g) The board may adopt rules under IC 4-22-2 to implement this chapter.

SOURCE: IC 15-21-4-1; (13)IN0598.1.7. -->     SECTION 7. IC 15-21-4-1, AS ADDED BY P.L.111-2009, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. (a) A commercial dog breeder and an animal rescue operation shall comply with the standards of care set forth in 9 CFR 3.1 through 9 CFR 3.12.
    (b) A commercial dog breeder or animal rescue operation:
        (1) may not house a dog in a cage containing a wire floor unless the cage contains an accommodation that allows the dog to be off the wire floor;
        (2) who that houses a dog in a wire cage shall house the dog in a cage that is large enough to allow for reasonable movement by the dog; and
        (3) shall, subject to subsection (c), provide every dog with a reasonable opportunity for exercise outside of a cage at least one (1) time per day.
    (c) A commercial dog breeder or animal rescue operation who that permits a dog access to a run at least one (1) time per day has satisfied the exercise requirement described in subsection (b)(3). However, a commercial dog breeder or animal rescue operation is not required to provide a dog with the opportunity for exercise if exercise would endanger the dog's life or health.
SOURCE: IC 15-21-5-1; (13)IN0598.1.8. -->     SECTION 8. IC 15-21-5-1, AS ADDED BY P.L.111-2009, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. A commercial dog breeder and an animal rescue operation shall provide a consumer with a copy of a dog's vaccination, medication, and treatment records at the time the consumer purchases, exchanges, or adopts the dog.
SOURCE: IC 15-21-5-2; (13)IN0598.1.9. -->     SECTION 9. IC 15-21-5-2, AS ADDED BY P.L.111-2009, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE

JULY 1, 2013]: Sec. 2. A commercial dog breeder and an animal rescue operation shall maintain its records for at least five (5) years.

SOURCE: IC 15-21-6-1; (13)IN0598.1.10. -->     SECTION 10. IC 15-21-6-1, AS ADDED BY P.L.111-2009, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. (a) As used in this section, "unit" has the meaning set forth in IC 36-1-2-23.
    (b) After December 31, 2009, A unit may not adopt an ordinance concerning regulation of commercial dog breeders, commercial dog brokers, or animal rescue operations that imposes more stringent or detailed requirements than the requirements under this article on an entity that is in good standing with the board. A unit may enforce an ordinance concerning regulation of commercial dog breeders that imposes more stringent or detailed requirements than the requirements under this article if the ordinance was adopted before January 1, 2010.
     (c) Any ordinance or measure adopted by a unit on, before, or after July 1, 2013, that imposes requirements that are more stringent or detailed than the requirements under this article on an entity that is in good standing with the board is void.
SOURCE: IC 15-21-6-2; (13)IN0598.1.11. -->     SECTION 11. IC 15-21-6-2 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2. This article may not be construed to prevent the enactment or enforcement of generally applicable zoning or business ordinances that apply to a commercial dog breeder, a commercial dog broker, or an animal rescue operation to the same degree as other similar businesses. However, a provision of an ordinance that is designed or enforced to effectively restrict, prohibit, or financially overburden a lawfully registered commercial dog breeder, a commercial dog broker, or an animal rescue operation from continuing operations under the standards of care required by this article is void unless the unit can show by clear and convincing evidence that, if not for the action described, the public would suffer immediate, serious, and irremediable health or quality of life issues.
SOURCE: IC 15-21-6-3; (13)IN0598.1.12. -->     SECTION 12. IC 15-21-6-3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3. A person adversely affected by an ordinance or measure adopted or enforced by a unit that violates this article may file an action in a court with competent jurisdiction against the unit for:
        (1) declarative and injunctive relief; and
        (2) actual and consequential damages attributable to the violation.