Engrossed Version, House Bill 1468

    January 14, 2009, read first time and referred to Committee on Courts and Criminal Code.
    February 12, 2009, amended, reported _ Do Pass.
    February 17, 2009, read second time, amended, ordered engrossed.
    February 18, 2009, engrossed.
    February 19, 2009, read third time, passed. Yeas 81, nays 14.

SENATE ACTION

    February 23, 2009, read first time and referred to Committee on Corrections, Criminal, and Civil Matters.
    April 2, 2009, amended, reported favorably _ Do Pass.
    April 6, 2009, read second time, amended, ordered engrossed.

Digest Continued

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 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. Requires a commercial breeder to provide a consumer with certain veterinary records, and to keep its own records for at least five years. Prohibits a unit from adopting more stringent requirements concerning commercial dog breeders. 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. Permits the board to seek an injunction to prohibit a commercial dog breeder from registering for not more than 3 years. Amends the definition of "neglect" in the animal cruelty law to include: (1) restraining an animal by a rope or tether in a manner that endangers the animal's life or health, or that physically harms the animal; or (2) failing to provide reasonable care for a dog's injury or illness if the injury or illness seriously endangers the life or health of the dog. Exempts from animal cruelty laws the destruction of an animal by an animal control program, or destruction of an injured or ill animal by an individual to prevent the animal from prolonged suffering. Increases the penalty for a second or subsequent offense of animal neglect to a Class A misdemeanor.

Reprinted

April 7, 2009

First Regular Session 116th General Assembly (2009)

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 2008 Regular Session of the General Assembly.

ENGROSSED

HOUSE BILL No. 1468

A BILL FOR AN ACT to amend the Indiana Code concerning animals and to make an appropriation.

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

SOURCE: IC 15-17-3-13; (09)EH1468.2.2. --> SECTION 2. IC 15-17-3-13, AS ADDED BY P.L.2-2008, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE

JULY 1, 2009]: Sec. 13. In addition to the powers and duties given the board in this article and by law, the board has the powers and duties reasonable and necessary to do the following:
        (1) Provide for the quarantine of animals and objects to prevent, control, and eradicate diseases and pests of animals.
        (2) Develop, adopt, and implement programs and procedures for establishing and maintaining accredited, certified, validated, or designated disease or pest free or disease or pest monitored animals, herds, flocks, or areas, including the following:
            (A) The establishment and maintenance of herds that are monitored for disease or pest syndromes.
            (B) The establishment and maintenance of certified or validated brucellosis free herds, animals, and areas.
            (C) The establishment and maintenance of accredited tuberculosis free herds, animals, and areas.
        (3) Develop, adopt, and implement programs and plans for the prevention, detection, control, and eradication of diseases and pests of animals.
        (4) Control or prohibit, by permit or other means, the movement and transportation into, out of, or within Indiana of animals and objects in order to prevent, detect, control, or eradicate diseases and pests of animals. When implementing controls or prohibitions the board may consider whether animals or objects are diseased, suspected to be diseased, or under quarantine, or whether the animals or objects originated from a country, a state, an area, or a premises that is known or suspected to harbor animals or objects infected with or exposed to a disease or pest of animals.
        (5) Control or prohibit the public and private sale of animals and objects in order to prevent the spread of disease and pests of animals.
        (6) Control the use, sanitation, and disinfection of:
            (A) public stockyards; and
            (B) vehicles used to transport animals and objects into and within Indiana;
        to accomplish the objectives of this article.
        (7) Control the use, sanitation, and disinfection of premises, facilities, and equipment to accomplish the objectives of this article.
        (8) Control the movement of animals and objects to, from, and within premises where diseases or pests of animals may exist.
        (9) Control the movement and disposal of carcasses of animals and objects.

        (10) Control the manufacture, sale, storage, distribution, handling, and use of serums, vaccines, and other biologics and veterinary drugs, except those drugs for human consumption regulated under IC 16-42-19, to be used for the prevention, detection, control, and eradication of disease and pests of animals.
        (11) Control and prescribe the means, methods, and procedures for the vaccination or other treatment of animals and objects and the conduct of tests for diseases and pests of animals.
        (12) Develop, adopt, and implement plans and programs for the identification of animals, objects, premises, and means of conveyances. Plans and programs may include identification:
            (A) of animals or objects that have been condemned under this article; and
            (B) related to classification as to disease, testing, vaccination, or treatment status.
        (13) Establish the terms and method of appraisal or other determination of value of animals and objects condemned under this article, the payment of any indemnities that may be provided for the animals and objects, and the regulation of the sale or other disposition of the animals or objects.
        (14) Control the sale of baby chicks.
        (15) Cooperate and enter into agreements with the appropriate departments and agencies of this state, any other state, or the federal government to prevent, detect, control, and eradicate diseases and pests of animals.
        (16) Control or prohibit the movement and transportation into, out of, or within Indiana of wild animals, including birds, that might carry or disseminate diseases or pests of animals.
        (17) Provide for condemning or abating conditions that cause, aggravate, spread, or harbor diseases or pests of animals.
        (18) Establish and designate, in addition to the animal disease diagnostic laboratory under IC 21-46-3-1, other laboratories necessary to make tests of any nature for diseases and pests of animals.
        (19) Investigate, develop, and implement the best methods for the prevention, detection, control, suppression, or eradication of diseases and pests of animals.
        (20) Investigate, gather, and compile information concerning the organization, business conduct, practices, and management of any registrant, licensee, permittee, applicant for a license, or applicant for a permit.
        (21) Investigate allegations of unregistered, unlicensed, and

unpermitted activities.
        (22) Institute legal action in the name of the state of Indiana necessary to enforce:
            (A) the board's orders and rules; and
            (B) this article.
        (23) Control the collection, transportation, and cooking of garbage to be fed to swine or other animals and all matters of sanitation relating to the collection, transportation, and cooking of garbage affecting the health of swine or other animals and affecting public health and comfort.
        (24) Adopt an appropriate seal.
        (25) Issue orders as an aid to enforcement of the powers granted by this article, IC 15-18-1, and IC 15-19-6.
        (26) Control disposal plants and byproducts collection services and all matters connected to disposal plants and byproducts collection services.
        (27) Abate biological or chemical substances that:
            (A) remain in or on any animal before or at the time of slaughter as a result of treatment or exposure; and
            (B) are found by the board to be or have the potential of being injurious to the health of animals or humans.
        (28) Regulate the production, manufacture, processing, and distribution of products derived from animals to control health hazards that may threaten:
            (A) animal health;
            (B) the public health and welfare of the citizens of Indiana; and
            (C) the trade in animals and animal products in and from Indiana.
        (29) Cooperate and coordinate with local, state, and federal emergency management agencies to plan and implement disaster emergency plans and programs as the plans and programs relate to animals in Indiana.
        (30) Assist law enforcement agencies investigating allegations of cruelty and neglect of animals.
        (31) Assist organizations that represent livestock producers with issues and programs related to the care of livestock.
         (32) Establish a registry of commercial dog brokers and commercial dog breeders in Indiana.

SOURCE: IC 15-21; (09)EH1468.2.3. --> SECTION 3. IC 15-21 IS ADDED TO THE INDIANA CODE AS A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]:

     ARTICLE 21. COMMERCIAL DOG BREEDER REGULATION
    Chapter 1. Application and Definitions
    Sec. 1. (a) This article does not apply to:
        (1) an animal shelter;
        (2) a humane society;
        (3) an animal rescue operation that complies with the standards of care set forth in 9 CFR 3.1 through 9 CFR 3.12 and IC 15-21-4-1(b);
        (4) a hobby breeder;
        (5) a person who breeds sport dogs for hunting purposes; or
        (6) a person who breeds 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) more than twelve (12) dogs; or
            (B) 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.
    (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.
    Sec. 2. The definitions in sections 3 through 8 of this chapter apply throughout this article.
    Sec. 3. "Board" refers to the Indiana state board of animal health established by IC 15-17-3-1.
    Sec. 4. "Commercial dog breeder" means a person who maintains more than twenty (20) unaltered female dogs that are at least twelve (12) months of age.
    Sec. 5. "Commercial dog broker" means a person:
        (1) who is a Class "B" licensee under 9 CFR 1.1; and
        (2) who sells at least five hundred (500) dogs in a calendar year.
    Sec. 6. "Person" means an individual, corporation, limited liability company, partnership, or other business entity.
    Sec. 7. "Pest" means a pest, pathogen, or parasite that may cause illness to a dog.
    Sec. 8. "Veterinarian" means an individual licensed as a veterinarian under IC 25-38.1.
    Chapter 2. Commercial Dog Broker and Commercial Dog Breeder Registration
    Sec. 1. A person may not operate:
        (1) a commercial dog breeder operation; or
        (2) as a commercial dog broker;
without being registered with the board in accordance with this chapter.
    Sec. 2. A person who:
        (1) is registered as a commercial dog breeder; and
        (2) operates a commercial dog breeder operation;
shall indicate that the person is registered as a commercial dog breeder in a place clearly visible to the public.
    Sec. 3. (a) A commercial dog breeder who knowingly or intentionally fails to register with the board as a commercial dog breeder 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 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 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 under this subsection shall be deposited in the commercial dog breeder and broker fund established by IC 15-21-3-3.
    Chapter 3. Registration Requirements
    Sec. 1. (a) A commercial dog breeder shall register annually with the board.
     (b) The board shall provide for notice of the upcoming expiration of registration to each registrant at least thirty (30) days before the expiration of the one (1) year period.
    (c) The fee to register or renew a registration as a commercial dog breeder is:
        (1) seventy-five dollars ($75) if the person has not more than fifty (50) unaltered female dogs at least twelve (12) months of age;
        (2) two hundred dollars ($200) if the person has more than

fifty (50) but not more than one hundred (100) unaltered female dogs at least twelve (12) months of age;
        (3) three hundred dollars ($300) if the person has more than one hundred (100) but not more than one hundred fifty (150) unaltered female dogs at least twelve (12) months of age;
        (4) four hundred dollars ($400) if the person has more than one hundred fifty (150) but not more than two hundred fifty (250) unaltered female dogs at least twelve (12) months of age; and
        (5) five hundred dollars ($500) if the person has more than two hundred fifty (250) unaltered female dogs at least twelve (12) months of age.
The fee shall be deposited in the commercial dog breeder and broker fund established by section 3 of this chapter.
    (d) A person who registers or renews a registration as a commercial dog breeder must include the following:
        (1) The name and address of the person's commercial dog breeding operation.
        (2) The name and address of the registrant.
        (3) A statement that the person's commercial dog breeding operation complies with the requirements of IC 15-21-4.
        (4) Any other information related to taxation that is required by the board.
    (e) A person who knowingly or intentionally makes a material misstatement in a commercial dog breeder registration statement commits false registration as a commercial dog breeder, a Class A misdemeanor.
    Sec. 2. (a) A commercial dog broker shall register annually with the board.
     (b) The board shall provide for notice of the upcoming expiration of registration to each registrant at least thirty (30) days before the expiration of the one (1) year period.
    (c) The fee to register or renew a registration as a commercial dog broker is one thousand dollars ($1,000). The fee shall be deposited in the commercial dog breeder and broker fund established by section 3 of this chapter.
    (d) A person who registers or renews a registration as a commercial dog broker must include the following:
        (1) The name and address of the person acting as a commercial dog broker.
        (2) The name and location of the person's commercial dog broker business.

        (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 a commercial dog broker registration statement commits false registration as a commercial dog broker, a Class A misdemeanor.
     Sec. 3. (a) The commercial dog breeder and broker fund is established for the purpose of funding:
        (1) the inspection of commercial dog breeding operations by the board; and
        (2) the enforcement by the board of laws concerning commercial dog breeders and commercial dog brokers.
The fund shall be administered by the board.
    (b) The fund consists of:
        (1) commercial dog breeder and commercial dog broker fees; and
        (2) donations to the fund.
    (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.
     Chapter 4. Duties of Commercial Dog Breeders
    Sec. 1. (a) A commercial dog breeder shall comply with the standards of care set forth in 9 CFR 3.1 through 9 CFR 3.12.
    (b) A commercial dog breeder:
        (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 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 provide every dog with a reasonable opportunity for exercise at least one (1) time per day.
    Chapter 5. Records
    Sec. 1. A commercial dog breeder shall provide a consumer with a copy of a dog's vaccination, medication, and treatment records at the time a consumer purchases, exchanges, or adopts the dog.
    Sec. 2. A commercial dog breeder shall maintain its records for at least five (5) years.
    Chapter 6. Units
    Sec. 1. (a) As used in this section, "unit" has the meaning set forth in IC 36-1-2-23.
    (b) A unit may not adopt an ordinance concerning regulation of commercial dog breeders that imposes more stringent or detailed requirements than the requirements under this article.
    (c) A unit may not adopt or enforce an ordinance concerning the regulation of commercial dog breeders that contains requirements less stringent or detailed than the requirements under this article.
     Chapter 7. Enforcement
    Sec. 1. (a) The board may enforce this article when the board determines that sufficient funds have been deposited in the commercial dog breeder and broker fund to permit enforcement.
    (b) In enforcing this article, the board may:
        (1) seek injunctive relief;
        (2) issue an order of compliance notifying the commercial dog breeder or commercial dog broker of a violation and requiring corrective action by a certain date; and
        (3) impose a civil penalty of not more than:
            (A) five hundred dollars ($500) for a knowing violation;
            (B) one thousand dollars ($1,000) for an intentional violation; and
            (C) five thousand dollars ($5,000) for knowingly or intentionally violating an injunction.
    (c) The board may seek an injunction to prohibit a commercial dog breeder from registering with the board for not more than three (3) years.
    (d) Subsection (a) does not prohibit the board from assisting a law enforcement agency in a criminal investigation.

SOURCE: IC 35-46-3-0.5; (09)EH1468.2.6. -->     SECTION 6. IC 35-46-3-0.5, AS ADDED BY P.L.171-2007, SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 0.5. The following definitions apply throughout this chapter:
        (1) "Abandon" means to desert an animal or to leave the animal permanently in a place without making provision for adequate long term care of the animal. The term does not include leaving an animal in a place that is temporarily vacated for the protection of human life during a disaster.
        (2) "Beat" means to unnecessarily or cruelly strike an animal, or to throw the animal against an object causing the animal to suffer severe pain or injury. The term does not include reasonable training or disciplinary techniques.
        (3) "Mutilate" means to wound, injure, maim, or disfigure an animal by irreparably damaging the animal's body parts or to render any part of the animal's body useless. The term includes bodily injury involving:
            (A) serious permanent disfigurement;
            (B) serious temporary disfigurement;
            (C) permanent or protracted loss or impairment of the function of a bodily part or organ; or
            (D) a fracture.
        (4) "Neglect" means to:
            (A) endanger an animal's health by failing to provide the animal with food or drink, if the animal is dependent upon the person for the provision of food or drink; or
            (B) restrain an animal for more than a brief period by the use of a rope, chain, or tether that:
                (i) is less than three (3) times the length of the animal;
                (ii) is too heavy to permit the animal to move freely; or
                (iii) causes the animal to choke; or
                (iv) restrains the animal in a manner that physically harms the animal;
            (D) fail to provide reasonable care for a dog's injury or illness if the injury or illness seriously endangers the life or health of the dog.
        (5) "Torture" means:
            (A) to inflict extreme physical pain or injury on an animal with

the ~~sole~~ intent of increasing or prolonging the animal's pain; or
(B) to administer poison to a cat or dog, or expose a cat or dog to a poisonous substance with the intent that the cat or dog ingest the substance and suffer harm, pain, or physical injury.

SOURCE: IC 35-46-3-5; (09)EH1468.2.7. -->     SECTION 7. IC 35-46-3-5, AS AMENDED BY P.L.2-2008, SECTION 79, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 5. (a) Except as provided in subsections (b) through (c), this chapter does not apply to the following:
        (1) Fishing, hunting, trapping, or other conduct authorized under IC 14-22.
        (2) Conduct authorized under IC 15-20-2.
        (3) Veterinary practices authorized by standards adopted under IC 25-38.1-2-14.
        (4) Conduct authorized by a local ordinance.
        (5) Acceptable farm management practices.
        (6) Conduct authorized by IC ~~15-17-5,~~ IC 15-17, and rules adopted under IC ~~15-17-5~~ IC 15-17 for state or federally inspected livestock slaughtering facilities and state or federal animal disease control programs.
        (7) A research facility registered with the United States Department of Agriculture under the federal Animal Welfare Act (7 U.S.C. 2131 et seq.).
        (8) Destruction of a vertebrate defined as a pest under IC 15-16-5-24.
        (9) Destruction of or injury to a fish.
        (10) Destruction of a vertebrate animal that is:
            (A) endangering, harassing, or threatening livestock or a domestic animal; or
            (B) destroying or damaging a person's property.
         (11) Destruction of an animal by an animal control program, including an animal control facility, an animal shelter, or a humane society.
         (12) Destruction of an injured or ill animal by an individual to prevent the animal from prolonged suffering.
    (b) Section 1 of this chapter applies to conduct described in subsection (a).
    (c) Destruction of an animal by electrocution is authorized under this section only if it is conducted by a person who is engaged in an acceptable farm management practice, by a research facility registered with the United States Department of Agriculture under the Animal Welfare Act, or for the animal disease diagnostic laboratory established under IC 21-46-3-1, a research facility licensed by the United States

Department of Agriculture, a college, or a university.