Introduced Version
SENATE BILL No. 482
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 14-8-2; IC 14-22-26.
Synopsis: Possession of exotic animals. Classifies certain animals as
"prohibited animals". Provides that a person must have a permit from
the department of natural resources to possess a prohibited animal.
Requires that a person who possesses a prohibited animal meet certain
conditions. Prohibits a person from acquiring or breeding a prohibited
animal after July 1, 2007. Establishes a Class A misdemeanor for
violations.
Effective: July 1, 2007.
Sipes
January 18, 2007, read first time and referred to Committee on Natural Resources.
Introduced
First Regular Session 115th General Assembly (2007)
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.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
this style type. Also, the
word
NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles conflicts
between statutes enacted by the 2006 Regular Session of the General Assembly.
SENATE BILL No. 482
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; (07)IN0482.1.1. -->
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, 2007]: Sec. 40.5. "Circus", for purposes of IC 14-22-26, has the
meaning set forth in IC 14-22-26-2(1).
SOURCE: IC 14-8-2-2-209.5; (07)IN0482.1.2. -->
SECTION 2. IC 14-8-2-2-209.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 209.5. "Possess", for purposes of
IC 14-22-26, has the meaning set forth in IC 14-22-26-2(2).
SOURCE: IC 14-8-2-216.5; (07)IN0482.1.3. -->
SECTION 3. IC 14-8-2-216.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 216.5. "Prohibited animal", for
purposes of IC 14-22-26, has the meaning set forth in
IC 14-22-26-2(3).
SOURCE: IC 14-8-2-320.5; (07)IN0482.1.4. -->
SECTION 4. IC 14-8-2-320.5 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]:
Sec. 320.5. "Wildlife sanctuary", for
purposes of IC 14-22-26, has the meaning set forth in
IC 14-22-26-2(4).
SOURCE: IC 14-8-2-323; (07)IN0482.1.5. -->
SECTION 5. IC 14-8-2-323 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 323. "Zoological park",
for purposes of IC 14-22-26, has the meaning set forth in
IC 14-22-26-2. IC 14-22-26-2(5).
SOURCE: IC 14-22-26-1; (07)IN0482.1.6. -->
SECTION 6. IC 14-22-26-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 1. This chapter does not
apply to licensed commercial animal dealers, the following:
(1) Zoological parks.
(2) Circuses. or carnivals.
(3) Licensed or accredited research facilities.
(4) Licensed or accredited educational facilities.
(5) Veterinary hospitals or clinics operated by a licensed
veterinarian.
(6) Wildlife sanctuaries.
(7) Rehabilitators who have been issued a state or federal
wildlife rehabilitation permit.
(8) Animal control and law enforcement officers acting under
the authority of this chapter.
(9) Organizations housing a prohibited animal at the request
of the department.
(10) Persons who transport a prohibited animal through
Indiana if:
(A) the transit time through Indiana is less than ninety-six
(96) hours;
(B) the animal is not exhibited in Indiana; and
(C) the animal 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 14-22-26-2; (07)IN0482.1.7. -->
SECTION 7. IC 14-22-26-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 2.
As used in The
following definitions apply throughout this chapter:
(1) "Circus" means an exhibitor that:
(A) has any license required by the United States
Department of Agriculture under 9 CFR 1; and
(B) offers performances by animals, clowns, and acrobats
for public entertainment.
The term does not include an exhibitor who presents a
prohibited animal to the public as part of a carnival, as part
of an exhibition, for educational purposes, or for
entertainment purposes, including photography opportunities
or other activities where the prohibited animal and a patron
are in close proximity, whether or not the person is licensed
by the United States Department of Agriculture under
9 CFR 1.
(2) "Possess" means to own, harbor, or have custody or
control of a prohibited animal.
(3) "Prohibited animal" means the following:
(A) Except for domesticated and feral cats, all species in
the family Felidae, including hybrids.
(B) Except for domesticated dogs, all species in the family
Canidae, including hybrids.
(C) All species in the family Ursidae (bears).
(D) Venomous reptiles.
(E) Crocodilians.
(F) Constrictor snakes that have the potential to exceed six
(6) feet in length.
(G) Komodo dragons, water monitors, and crocodile
monitors.
(H) Nonhuman primates.
(I) Kinkajous and coatimundis.
(J) Civet cats, genets, and binturongs.
(K) Elephants.
(L) Hippopotamuses.
(M) Kangaroos.
(N) Rhinoceroses.
(O) Wolverines.
(P) Any other animal classified as a prohibited animal by
the department.
(4) "Wildlife sanctuary" means a nonprofit organization
that:
(A) operates a place of refuge where abused, neglected,
unwanted, impounded, abandoned, orphaned, or displaced
animals are provided care for the animal's lifetime;
(B) does not conduct any commercial activity with respect
to prohibited animals;
(C) does not sell, trade, auction, lease, or loan prohibited
animals or parts of a prohibited animal;
(D) does not breed prohibited animals;
(E) does not conduct an activity that is not inherent to the
prohibited animal's nature; and
(F) does not use the prohibited animal for entertainment
purposes.
(5) "Zoological park" means:
(1) (A) a permanent establishment that is a member of the
American Association of Zoological Parks and Aquariums; or
(2) (B) 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; (07)IN0482.1.8. -->
SECTION 8. IC 14-22-26-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 3.
(a) Except as
provided in this chapter, a person may not possess a prohibited
animal.
(b) 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 or animals. A separate permit is required for
each wild animal described in this subdivision.
(3) A permit to possess a prohibited animal if the applicant
possessed the prohibited animal on July 1, 2007.
(c) A person who obtains a permit to possess a prohibited
animal shall comply with the following requirements:
(1) The person may not breed a prohibited animal or replace
a prohibited animal.
(2) The person shall notify the department immediately if the
prohibited animal escapes.
(3) The person shall notify the department before moving the
prohibited animal or changing addresses.
(4) The person shall not allow the prohibited animal to come
into physical contact with any person other than the person
possessing the animal, the designated handler, or a
veterinarian administering medical examination, treatment,
or care.
(5) The person may not bring a prohibited animal to any
public property or commercial or retail establishment, except
to bring the animal to a licensed veterinarian or veterinarian
clinic.
(6) If a prohibited animal has not had a microchip implanted
and is sedated during veterinary care for any reason, the
person who possesses the animal shall have a veterinarian
implant a microchip in the prohibited animal for
identification purposes. Not more than thirty (30) days after
the microchip is implanted, the person who possesses the
animal must provide to the department and the local animal
control authority the name of the microchip manufacturer
and the microchip identification number.
SOURCE: IC 14-22-26-4; (07)IN0482.1.9. -->
SECTION 9. IC 14-22-26-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 4. A wild animal
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 fee of ten dollars ($10).
SOURCE: IC 14-22-26-4.5; (07)IN0482.1.10. -->
SECTION 10. IC 14-22-26-4.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 4.5. (a) An applicant for a permit
to possess a prohibited animal must submit an application
including the following:
(1) A one hundred dollar ($100) fee for each prohibited
animal.
(2) The name, address, and telephone number of the
applicant.
(3) A description of each prohibited animal, including the
scientific name, common name, sex, age, color, weight, and
any distinguishing marks or coloration that would aid in the
identification of the animal.
(4) A photograph of each prohibited animal.
(5) The exact location where each prohibited animal is to be
kept.
(6) The name, address, and telephone number of the person
from whom the applicant obtained each prohibited animal, if
known.
(7) The microchip manufacturer and microchip identification
number, if a microchip has been implanted in the prohibited
animal.
(8) The name, address, and telephone number of the
veterinarian who is expected to provide veterinary care to
each prohibited animal.
(9) A statement that does the following:
(A) Contains an attestation that the applicant agrees to:
(i) comply with the requirements under section 3(c) of
this chapter; and
(ii) meet any other requirements under this chapter
within thirty (30) days after issuance of the permit.
(B) Requires the signature of the applicant, under penalty
of perjury.
(b) The director may issue a permit to possess a prohibited
animal if the director determines that the applicant has met the
requirements of subsection (a).
(c) A permit to possess a prohibited animal expires one (1) year
from the date of issuance.
SOURCE: IC 14-22-26-5; (07)IN0482.1.11. -->
SECTION 11. IC 14-22-26-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: 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 a wild or
prohibited animal for which a permit is required under this chapter,
pending the outcome of the proceedings under this section, if either
the director believes that an emergency exists because at least one
(1) 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) (1) The animal is in a position to harm another animal.
(B) (2) The life or health of the animal is in peril.
(3) The animal poses a risk to public heath or safety.
(b) The director shall seize and hold a prohibited animal,
pending the outcome of the proceedings under this section, if:
(1) the person does not have a permit to possess the
prohibited animal; or
(2) the person took possession of the prohibited animal after
July 1, 2007.
(b) (c) 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
or prohibited 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) (d) The director may contract with experts in the handling of
wild or prohibited 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) (e) The owner of an a wild or prohibited 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.
(f) A wild or prohibited animal seized under this chapter may
not be returned to the person who had possession of the animal
before seizure unless:
(1) possession of the wild or prohibited animal is not in
violation of this section; and
(2) the return of the wild or prohibited animal does not pose
a risk to public health or safety.
SOURCE: IC 14-22-26-7; (07)IN0482.1.12. -->
SECTION 12. IC 14-22-26-7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 7. (a) A prohibited animal must
be confined within an enclosure of sufficient strength and design
to prevent escape and to protect the animal from injury. Any cage
or confinement structure must be constructed in a manner that
prohibits physical contact with any person other than the person
possessing the animal, the designated handler, or a veterinarian
administering a medical examination, treatment, or care.
(b) An enclosure in which a prohibited animal is held must be
maintained as follows:
(1) Drinking water must be provided daily in clean
containers. Any swimming or wading pool must be cleaned as
needed to ensure good water quality. The enclosure must
provide adequate drainage of surface water.
(2) Food provided must be unspoiled and uncontaminated.
(3) Fecal and food waste must be removed from an enclosure
daily and stored or disposed of in a manner that prevents
noxious odors or pests. Hard floors must be scrubbed and
disinfected weekly. Large pens and paddocks with dirt floors
must be raked every three (3) days and the waste removed.
(c) The department may adopt rules under IC 4-22-2 requiring
specific enclosure requirements for any species of prohibited
animals.
SOURCE: IC 14-22-26-8; (07)IN0482.1.13. -->
SECTION 13. IC 14-22-26-8 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 8. A person who knowingly
violates this chapter commits a Class A misdemeanor.
SOURCE: ; (07)IN0482.1.14. -->
SECTION 14. [EFFECTIVE JULY 1, 2007]
(a) The definitions
under IC 14-22-26-2, as amended by this act, apply throughout
this SECTION.
(b) Notwithstanding IC 14-22-26, as amended by this act, a
Class II or Class III permit issued under 312 IAC 9-11 for a
prohibited animal expires December 31, 2007. Notwithstanding
IC 14-22-26-3, as amended by this act, a person who possesses a
prohibited animal must apply for a prohibited animal permit
under IC 14-22-26-3, as amended by this act, before September 1,
2007. The department must issue or deny a permit before
December 31, 2007, to a person who applies under this subsection
to possess a prohibited animal.
(c) Notwithstanding IC 14-22-6-7(c), as added by this act, the
department shall adopt rules under IC 4-22-2 before July 1, 2009,
that provide specific safety and enclosure requirements for
prohibited animal species. The requirements under this SECTION
must substantially comply with the following:
(1) For stationary (nontraveling) facilities for a prohibited
animal:
(A) The enclosed facility must be surrounded by:
(i) a perimeter fence, or secondary barrier, at least eight
(8) feet in height and a minimum of four (4) feet from
the enclosure holding the animal; or
(ii) other fencing, a building, or other protection of the
enclosure where the animal is kept that is sufficient to
prevent unauthorized public entry or direct physical
contact between the animal and the public.
(B) A cage must be well braced and securely fastened to
the floor or in the ground and use metal clamps or braces
of sufficient strength for cage construction.
(C) Entrances to the enclosure must have double safety
doors, one (1) of which opens only to the inside. When
unattended, the doors must remain locked at all times with
chains and locks of sufficient strength to prevent the
animal from breaking open the door if the animal becomes
highly excited.
(D) Enclosures must be constructed with:
(i) a den, nest box, or other connected housing unit that
can be closed off and locked with the animal inside for
the safe servicing and cleaning of the open area; or
(ii) a divided cage with a door between the two (2)
compartments.
(E) An outdoor cage must provide adequate shelter from
inclement weather conditions and shade from the sun, and
provide for the protection and health of the prohibited
animal.
(F) The mesh size or distance between bars must be
sufficiently small to prevent the escape of the animal being
held.
(G) Restraint by tethering may not be used as a means to
hold the animal in captivity.
(2) A prohibited animal must be kept in a cage or be housed
in a building in which the strength of the walls and the
restraints affixed to all windows, doors, and other means of
entry or exit meet the following minimum criteria:
(A) For species in the Canidae family:
(i) a cage must be constructed of and be covered at the
top with eleven and one-half (11 1/2) gauge steel chain
link or its equivalent, with tension bars and metal
clamps to prevent the escape of the animal; or
(ii) in facilities without a top, the sides of the cage must
be a minimum of nine (9) feet high with the top three (3)
feet of fencing turned in at a forty-five (45) degree angle.
(B) For species in the Felidae and Ursidae families:
(i) a cage must be constructed of and covered at the top
with nine (9) gauge steel chain link or equivalent, with
tension bars and metal clamps to prevent the escape of
the animal; or
(ii) except for tigers, leopards, and jaguars, in facilities
without a top, the sides of the cage must be a minimum
of eleven (11) feet high with the top three (3) feet of
fencing turned in at a forty-five (45) degree angle. A
structure that could provide a potential escape route
may not be near the fence of an open top cage.
(C) For elephants, rhinoceroses, and hippopotamuses:
(i) a cage must use construction materials that consist of
steel bars, masonry block, or equivalent material. If
masonry block construction is used, the holes in the
blocks must be filled with steel reinforced concrete to
provide sufficient strength; or
(ii) paddocks or corrals must use restraints consisting of
a barrier system of moats or other structures that are
commonly accepted as suitable to restrain and contain
these animals.
(D) For poisonous animals, the following:
(i) A cage must have small enough mesh to prevent the
animal's escape or a glass enclosure sufficiently strong
to prevent the animal's escape.
(ii) The cage or glass enclosure must be kept inside an
outer cage or glass enclosure, which must be kept locked
at all times.
(iii) Only the person who possesses a permit for a
prohibited animal or the person's authorized employee
may open a cage or other container that contains a
poisonous animal.
(iv) Each person keeping a poisonous animal shall have
in the person's possession or readily available antivenom
appropriate for each species possessed.
(E) For chimpanzees, gorillas, and orangutans, cage
construction materials must consist of steel bars, two (2)
inch galvanized pipe, reinforced masonry block, or
materials of equivalent strength.
(F) For drills, mandrills, baboons, Gelada baboons,
gibbons, and siamangs, cage construction materials must
consist of not less than nine (9) gauge steel chain link or
equivalent materials.
(G) For alligators and crocodiles, cages must consist of
fencing at least five (5) feet in height of not less than eleven
and one-half (11 1/2) gauge chain link or equivalent
materials.
(3) A mobile facility may not transport a prohibited animal
unless the following requirements are met:
(A) The facility must be equipped to provide the animal
with fresh air without injurious drafts and with adequate
protection from the elements.
(B) The animal's traveling area must be free of engine
exhaust fumes.
(C) An animal cage must have openings for the emergency
removal of the animal.
(D) A cage must be large enough to ensure that each
specimen has sufficient room to stand erect and lie
naturally.
(E) Animals transported in the same cage area must be in
compatible groups.
(F) Each mobile facility used to transport or temporarily
exhibit a prohibited animal must:
(i) be constructed of steel or case hardened aluminum of
sufficient strength to prevent the escape of the animal
being transported;
(ii) be constructed in a manner to prevent contact
between the animal and the public; and
(iii) have all doors locked when the facility is in use.
(G) Poisonous reptiles must be transported in a strong,
closely woven cloth sack that is tied or sufficiently secured
and placed in a box. The box must be of a strong solid
material, except for small air holes that must be screened.
The box containing a poisonous reptile must be locked and
prominently labeled "Danger - Poisonous Snakes" or
"Danger - Poisonous Reptiles" and include the owner's
name, address, telephone number, and a list of the number
and species being transported.
(H) An animal in a temporary exhibit must be housed in a
cage that meets the minimum cage specifications as
provided in subdivision 1 when the animal is present in
any geographical location for more than ten (10) days.
(I) Before entering Indiana, a temporary exhibitor must
submit a schedule that details the exact locations and dates
of shows and places where each animal will be exhibited
while in Indiana. The department may deny a permit for
failure to comply with this clause.
(d) This SECTION expires July 1, 2009.