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Bill Summary
Location Bill  Title  Date  Category
Indiana  IN House Bill 1179  Wild animal permits  1/9/2012  Dead
Summary

Adds certain persons to and removes certain persons from the application of the wild animal permit laws. Makes changes to the definition of zoological park . Adds a definition of circus for purposes of wild animal permits. Removes the requirement that a permit is necessary if the wild animal is harmful to plants. Removes the requirement that a separate permit is necessary for each wild animal. Allows the natural resources commission to raise the wild animal permit fee. Allows an animal to be seized if it poses a risk to public health or safety.

The Indiana state legislature is scheduled to adjourn on 3/14/12.

Bill Text

Introduced

 

Second Regular Session 117th General Assembly (2012)

HOUSE BILL No. 1179

 

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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 14-8-2-40.5; (12)IN1179.1.1. --> SECTION 1. IC 14-8-2-40.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 40.5. "Circus", for purposes of IC 14-22-26, has the meaning set forth in IC 14-22-26-1.5.

SOURCE: IC 14-22-26-1; (12)IN1179.1.2. --> SECTION 2. IC 14-22-26-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. This chapter does not apply to licensed commercial animal dealers, the following:
(1) Zoological parks.
(2) Circuses. or carnivals.
(3) Research facilities licensed or registered with the United States Department of Agriculture.
(4) Educational institutions licensed or registered with the United States Department of Agriculture.
(5) An organization or person housing a wild animal at the request of the department.
(6) An individual who transports a wild animal through Indiana if the animal:
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(A) is not unloaded or exhibited in Indiana; and
(B) is continuously confined in a container that is of sufficient strength to prevent the animal from escaping or coming into contact with the public.

SOURCE: IC 14-22-26-1.5; (12)IN1179.1.3. --> SECTION 3. IC 14-22-26-1.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1.5. As used in this chapter, "circus" means an entity that:
(1) has an exhibitor license required by the United States Department of Agriculture under 9 CFR 1;
(2) offers performances by animals, clowns, and acrobats for public entertainment; and
(3) does not breed or sell animals.
The term does not include an exhibitor who presents a wild animal to the public where the animal and patron are in close proximity to each other, even if the exhibitor is licensed by the United States Department of Agriculture under 9 CFR 1.

SOURCE: IC 14-22-26-2; (12)IN1179.1.4. --> SECTION 4. IC 14-22-26-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 2. As used in this chapter, "zoological park" means
(1) a permanent establishment that is a member of accredited by the American Association of Zoological Parks Zoos and Aquariums. or
(2) an agency of local government, open to and administered for the public, to provide education, conservation, and preservation of the earth's fauna.

SOURCE: IC 14-22-26-3; (12)IN1179.1.5. --> SECTION 5. IC 14-22-26-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 3. The director may adopt rules under IC 4-22-2 to require and issue the following:
(1) A permit to possess a wild animal protected by statute or rule.
(2) A permit to possess a wild animal that may be harmful or dangerous to plants humans or domestic or wild animals. A separate permit is required for each wild animal described in this subdivision.

SOURCE: IC 14-22-26-4; (12)IN1179.1.6. --> SECTION 6. IC 14-22-26-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 4. (a) A permit issued under this chapter:
(1) must be in the form prescribed by the director;
(2) may not be issued unless the director is satisfied that the permit should be issued;
(3) has an expiration date fixed by the director; and
(4) has a minimum fee of ten dollars ($10).
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(b) The commission may set the permit fee above the minimum amount in subsection (a). The amount may not be more than is reasonably necessary to generate revenue sufficient to offset the costs incurred by the department in carrying out its responsibilities under this chapter.

SOURCE: IC 14-22-26-5; (12)IN1179.1.7. --> SECTION 7. IC 14-22-26-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 5. (a) If an emergency exists, the director may summarily suspend a permit issued under this chapter. The director may summarily seize and hold an animal for which a permit is required under this chapter, pending the outcome of the proceedings under this section, if either of the following conditions exist:
(1) A permit has not been issued to possess the animal.
(2) A permit has been issued to possess the animal, but the director believes that an emergency exists because at least one (1) of the following conditions exists:
(A) The animal is in a position to harm another animal.
(B) The life or health of the animal is in peril.
(C) The animal poses a risk to public health or safety.
(b) After suspending a permit or seizing and holding an animal under subsection (a), the department shall proceed as quickly as feasible to provide the opportunity for completed adjudicative proceedings under IC 4-21.5. The proceedings may result in the revocation, temporary suspension, or modification of the permit. Provision may be made for a final disposition with respect to the wild animal, including confiscation of the animal. IC 4-21.5 provides the exclusive remedy available to a person aggrieved by a determination of the department under this section.
(c) The director may contract with experts in the handling of animals for which a permit is required under this chapter to assist the director in seizing and holding an animal under this section. A person who seizes and holds an animal under a contract with the director is not subject to legal action arising from the seizure or holding to the same extent as if the person was an employee of the department.
(d) The owner of an animal seized under this section is liable for the costs of seizing and holding the animal and of the proceedings under this section, including a trial, if any.
 

 


Details
Category   Date   Detail  
  Status 3/10/2012  Legislature adjourned with no further action on this bill 
  Status 1/9/2012  Introduced in House on 1/9/12; referred to Natural Resources Committee. 
 


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