YES:
MR. SPEAKER:
Your Committee on Courts and Criminal Code , to which was referred House Bill
1468 , has had the same under consideration and begs leave to report the same back to the
House with the recommendation that said bill be amended as follows:
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.
REGULATION
Chapter 1. Application and Definitions
Sec. 1. (a) This article does not apply to an animal shelter,
humane society, or animal rescue operation.
(b) As used in this section, "animal rescue operation" means a
person or organization that accepts within a year:
(1) more than twelve (12) dogs; or
(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 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.
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 adult female dogs that produce ten (10) or more litters
in one (1) twelve (12) month period.
Sec. 5. "Person" means an individual, corporation, limited
liability company, partnership, or other business entity.
Sec. 6. "Pest" means a pest, pathogen, or parasite that may
cause illness to a dog.
Sec. 7. "Pet dealer" means any person, or the employee of a
person, who:
(1) engages in the sale of dogs to the public for profit; or
(2) sells or offers for sale more than five (5) dogs in one (1)
year.
Sec. 8. "Veterinarian" means an individual licensed as a
veterinarian under IC 25-38.1.
Chapter 2. Commercial Dog Breeder Registration
Sec. 1. A person may not operate a commercial dog breeder
operation without being registered as a commercial dog breeder
with the board.
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 person who knowingly or intentionally violates section
1 of this chapter commits a Class B misdemeanor. However, the
offense is a Class A misdemeanor if the commercial dog breeder
maintains more than thirty (30) dogs that are at least one (1) year
of age and that have not been spayed or neutered.
Chapter 3. Renewal of a Registration
Sec. 1. (a) A person's registration as a commercial dog breeder
expires after four (4) years.
(b) The board shall provide for electronic notice of the
upcoming expiration of registration to each registrant at least sixty
(60) days before the expiration of the four (4) year period.
Chapter 4. Duties of Commercial Dog Breeders
Sec. 1. A commercial dog breeder shall do the following:
(1) Maintain sanitary conditions of the premises where dogs
are present.
(2) Maintain and use equipment for the care of the dogs in a
manner to ensure the proper storage and disposal of:
(A) waste; and
(B) any disease contaminated material;
to control vermin, insects, the spread of pests or disease, and
obnoxious odors.
(3) Use effective control measures to prevent infestation of the
dogs and premises from external pests and vermin.
(4) Provide and maintain natural or artificial illumination in
all areas where dogs are kept. The illumination must be
adequate to provide efficient inspection and cleaning of the
dogs, premises, enclosures, and cages. Cages and enclosures
that are in use must be placed in a manner to protect each dog
from excessive or stressful illumination.
(5) Provide a sufficiently heated structure to protect the dogs
from the cold and to provide for their health and comfort at
all times. Except for dogs that require a higher temperature,
the temperature of the structure must be at least sixty-five
(65) degrees Fahrenheit and not more than seventy-eight (78)
degrees Fahrenheit.
(6) Provide sufficient mechanical ventilation to:
(A) minimize drafts, offensive odors, and moisture
condensation; and
(B) provide for the health and comfort of the dogs at all
times.
(7) Ensure that each dog that is at least twelve (12) weeks of
age has access to an exercise area every day for at least one
(1) hour. The commercial dog breeder shall comply with the
following requirements:
(A) The exercise area must allow for unfettered clearance
for dogs from their primary enclosure.
(B) The exercise area must be at least two (2) times the size
of the primary enclosure.
(C) The exercise area fencing must be kept in good repair
and be free of rust, jagged edges, or other defects that
could cause injury to a dog.
(D) The exercise area must be cleaned at least daily or
more often if necessary to prevent accumulation of debris
and waste and to reduce disease hazards, insects, pests, and
odors.
(E) The exercise area must have ground that is solid and
maintainable. Exercise areas may use gravel, packed earth,
and grass.
(F) A nursing female dog and the dog's puppies may not be
placed in a run with other adult dogs.
(8) Implant a microchip in every dog on the premises and all
of the puppies that are sold, and ensure that the microchips
are registered.
(9) Refrain from hiring a staff member who has been
convicted of a misdemeanor or felony under IC 35-46-3.
Sec. 2. A commercial dog breeder shall provide enclosures for
the dogs that conform to the following requirements:
(1) The enclosure is suited for the breed of dog.
(2) The enclosure is constructed to enable the dog to remain
clean and dry.
(3) The enclosure is maintained in a manner to prevent the
dog's injury or escape.
(4) The walls and floor of the enclosure are constructed of
nonabsorbent, nonporous materials. However, wire flooring
may not be used.
(5) The enclosure must meet the following floor space
requirements:
(A) The minimum floor space for one (1) dog, in square
feet, is determined as follows:
STEP ONE: Measure dog from tip of nose to base of tail
in inches.
STEP TWO: Add six (6) to the number determined in
STEP ONE.
STEP THREE: Square the number determined in STEP
TWO.
STEP FOUR: Divide the number determined in STEP
THREE by one hundred forty-four (144).
STEP FIVE: Multiply the number determined in STEP
FOUR by two (2).
(B) The minimum floor space for two (2) or more dogs, in
square feet, where "n" is the total number of dogs more
than two (2) dogs, is determined as follows:
STEP ONE: Determine the minimum floor space under
clause (A) for the longest dog.
STEP TWO: Multiply the number determined in STEP
ONE by two (2).
STEP THREE: Multiply the number determined in
STEP ONE by 1.5n.
STEP FOUR: Add the STEP TWO result to the STEP
THREE result.
Sec. 3. A commercial dog breeder shall ensure that each dog's
enclosure is cleaned and disinfected to maintain a sanitary
condition.
Sec. 4. A commercial dog breeder shall ensure that the dog is
provided with sufficient food and water at an interval appropriate
to the dog.
Sec. 5. A commercial dog breeder may not display, offer for
sale, sell, or exchange a dog with obvious signs of infection, disease,
or illness.
Sec. 6. If a commercial dog breeder offers a dog for sale, the
commercial dog breeder shall clearly post a sign that states the
following:
"THE FOLLOWING INFORMATION IS ALWAYS
AVAILABLE ON ALL OF OUR DOGS AND PUPPIES: THE
ANIMAL'S DATE OF BIRTH; CITY/TOWN AND STATE
OF BIRTH; THE DATE (insert name of the commercial dog
breeder) RECEIVED THE ANIMAL; THE ANIMAL'S
COMPLETE VACCINATION, DEWORMING,
MEDICATION, AND TREATMENT RECORDS; AND THE
ANIMAL'S 15 DAY WARRANTY".
Sec. 7. (a) A commercial dog breeder shall provide a full refund
of the purchase price of the dog to the purchaser of a dog who:
(1) either:
(A) not more than fifteen (15) days after the sale of the dog,
has the dog examined by the purchaser's veterinarian, and
the veterinary examination indicates that the dog is
diseased; or
(B) not more than one (1) year after the sale of the dog, has
the dog examined by the purchaser's veterinarian, and the
veterinary examination indicates that the dog has a
congenital disorder; and
(2) not more than four (4) business days after the date of the
veterinarian's examination:
(A) returns the dog to the commercial dog breeder;
(B) presents the veterinarian's written statement that the
dog is diseased or has a congenital disorder; and
(C) presents the proof of sale of the dog.
The purchaser may choose to accept an equivalent dog instead of
a refund, at the sole discretion of the purchaser.
(b) The commercial dog breeder shall reimburse the purchaser
of a dog returned under subsection (a) for reasonable veterinary
bills for the diagnosis and treatment of the dog. The amount of
reimbursement under this subsection may not exceed the original
purchase price of the dog.
Sec. 8. A commercial dog breeder may not do any of the
following:
(1) Maintain at a single address or location more than thirty
(30) dogs that are at least one (1) year of age and that have not
been spayed or neutered.
and when so amended that said bill do pass.