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Indiana General Assembly
House Bill 1468


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House Bill 1468

ARCHIVE (2009)

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DIGEST OF HB 1468 (Updated April 29, 2009 10:55 pm - DI 106)

Animal cruelty and commercial dog breeders. Commercial dog breeders and animal cruelty. Conference committee report for EHB 1468. Authorizes the board of animal health to establish a registry of commercial dog brokers and commercial dog breeders in Indiana. Exempts animal shelters, humane societies, certain animal rescue operations, hobby breeders, certain people who breed hunting dogs for sport, and certain people who breed service or dogs for use by police or the military from the requirements imposed on commercial dog breeders. Defines "hobby breeder" as a person who maintains 20 or fewer unaltered female dogs at least 12 months of age, and defines "commercial dog breeder" as a person who maintains more than 20 unaltered female dogs at least 12 months of age. Defines "commercial dog broker" as a person who is licensed under federal law and sells at least 500 dogs in a calendar year. Requires commercial breeders and brokers to register with the board of animal health, and specifies that failure to register is a Class A misdemeanor. Provides that a commercial dog breeder must register annually with the board and pay a fee based on the number of unaltered female dogs the breeder owns. Specifies that a person who fails to register is liable for double the amount of unpaid fees, which the attorney general may collect. Requires a commercial dog broker to register and pay a $1,000 annual fee. Provides that a breeder or broker who knowingly or intentionally makes a material misstatement in registering commits a Class A misdemeanor. Requires a commercial breeder to comply with the standards of care established by the United States Department of Agriculture (USDA) and certain other standards of care. Authorizes the board of animal health to enforce the USDA and other standards when sufficient fees have been deposited in the breeder and broker fund to permit enforcement, and grants the board of animal health the authority to enforce the commercial breeder provisions by seeking injunctive relief or a civil penalty of $500 for a knowing violation, $1,000 for an intentional violation, and $5,000 for the knowing or intentional violation of an injunction. Prohibits a unit from adopting an ordinance imposing more stringent requirements on commercial dog breeders after December 31, 2009, but permits a unit to enforce a more stringent ordinance if the ordinance was adopted before January 1, 2010. Permits the board to seek an injunction to prohibit a commercial dog breeder from registering for not more than 3 years. Requires a commercial breeder to provide a consumer with certain veterinary records, and to keep its own records for at least five years. Authorizes a court, as a condition of bail or parole, or the parole board, as a condition of parole, to prohibit a person charged with or convicted of an animal cruelty offense from owning, harboring, or training an animal, and, if the person is prohibited from having direct or indirect contact with an individual, from having direct or indirect contact with any animal belonging to the individual. Provides that a person neglects an animal if the person fails to: (1) provide reasonable care for; or (2) seek veterinary care for; an injury or illness to a dog or cat that seriously endangers the life or health of the dog or cat. Broadens the definition of torturing an animal by administering poison by applying the definition to domestic animals. (Current law applies only to dogs or cats.) Provides that, for purposes of committing animal cruelty by abandoning or neglecting an animal in a person's custody, a feral animal is not considered to be in a person's custody. Makes abandoning or neglecting an animal a Class A misdemeanor, and enhances the penalty to a Class D felony if the person has a prior conviction. Provides that a second or subsequent conviction for attending an animal fighting contest is a Class D felony. Makes it killing a domestic animal, a Class D felony, for a person to knowingly or intentionally kill a domestic animal without the consent of the owner of the domestic animal. Exempts from the animal cruelty statutes: (1) the destruction of an animal by an animal control program; (2) the destruction of an injured or ill animal by an individual to prevent the animal from prolonged suffering; (3) conduct not resulting in severe injury or illness to an animal that is incidental to exhibiting an animal for show, competition, or display; (4) the humane destruction of an animal by its owner; and (5) parking an animal.
Current Status:
 Law Enacted
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