January 29, 2010



HOUSE BILL No. 1258

_____


DIGEST OF HB 1258 (Updated January 27, 2010 6:20 pm - DI 69)



Citations Affected: IC 15-22; IC 35-45; IC 35-46.

Synopsis: Animal regulation. Requires a retail pet store to provide each person who purchases a dog or cat with a written sales disclosure form describing the animal's history, and requires the retail pet store to transmit a copy of the sales disclosure form to the board of animal health. Provides that a pet store must post certain information concerning the animal's history on the animal's cage. Makes the failure to provide a sales disclosure form or the failure to post information on the animal's cage a Class C infraction. Makes promoting an animal fighting contest a predicate offense under the racketeering statute. Makes attending an animal fighting contest a Class D felony. Repeals an inconsistent animal fighting contest provision. Requires a person having care or custody of an equine to provide the equine with access to shelter providing protection from weather extremes and that is free from standing water, and makes the failure to provide an equine with access to appropriate shelter a Class B infraction for the first offense, and a Class A infraction for subsequent offenses.

Effective: July 1, 2010.



Lawson L, Barnes


    January 12, 2010, read first time and referred to Committee on Courts and Criminal Code.
    January 28, 2010, amended, reported _ Do Pass.



January 29, 2010

Second Regular Session 116th General Assembly (2010)


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.
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HOUSE BILL No. 1258


    A BILL FOR AN ACT to amend the Indiana Code concerning agriculture and animals.

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

SOURCE: IC 15-22; (10)HB1258.1.1. -->     SECTION 1. IC 15-22 IS ADDED TO THE INDIANA CODE AS A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]:
     ARTICLE 22. PET STORE REGULATION
    Chapter 1. Definitions
    Sec. 1. The definitions in this chapter apply throughout this article.
    Sec. 2. "Board" refers to the Indiana state board of animal health established by IC 15-17-3-1.
    Sec. 3. "Litter" means two (2) or more dogs or cats that are all or part of a group of dogs or cats born to the same mother at the same time.
    Sec. 4. "Retail pet store" means a retail establishment open to the public that sells or offers to sell dogs or cats. The term does not include a person that sells or offers to sell dogs or cats exclusively that were bred or raised by the person or that are kept primarily for the purpose of reproduction. The term does not include an

animal shelter or an animal rescue operation (as defined in IC 15-21-1-1).
     Chapter 2. Sales Disclosures
    Sec. 1. (a) A retail pet store shall, before accepting an offer to purchase a dog or cat or upon request, provide the person making the offer or request with the following information in writing:
        (1) If known, the breed, age, and date of birth for the dog or cat.
        (2) The sex and color of the dog or cat.
        (3) A list, and accompanying proof, of all inoculations that have been given to the dog or cat by any person, the date of the inoculations, and the name and title of the individual who administered the inoculations.
        (4) A list of all medical treatment provided to the dog or cat by any person, the date of treatment, the reason for the treatment, and the name and title of the individual who provided the treatment.
        (5) The name and business address of the breeder and of the facility where the dog or cat was born.
        (6) The name and business address of the animal broker or transporter, if applicable.
        (7) If the breeder or broker holds a license issued by the United States Department of Agriculture, the breeder's or broker's federal license number.
        (8) The retail price of the dog or cat.
        (9) Any congenital disorder or hereditary diseases in the parents of the dog or cat, if known.
        (10) If the dog or cat was previously sold by the retail pet store and returned by the purchaser, the reason for the return.
        (11) A statement in substantially the following form, with the applicable provision number circled:
            "The facility in which this dog or cat was born has produced:
            (A) 0 to 2 litters during the one-year period preceding the day this dog or cat was born.
            (B) 3 to 10 litters during the one-year period preceding the day this dog or cat was born.
            (C) 11 to 39 litters during the one-year period preceding the day this dog or cat was born.
            (D) 40 to 99 litters during the one-year period preceding the day this dog or cat was born.

            (E) 100 to 249 litters during the one-year period preceding the day this dog or cat was born.
            (F) 250 to 499 litters during the one-year period preceding the day this dog or cat was born.
             (G) 500 to 1,000 litters during the one-year period preceding the day this dog or cat was born.
             (H) More than 1,000 litters during the one-year period preceding the day this dog or cat was born."
    (b) A retail pet store shall conspicuously post on the cage of a dog or cat being offered for sale, the following information:
        (1) If known, the breed, age, and date of birth for the dog or cat.
        (2) The sex and color of the dog or cat.
        (3) The name of the breeder and of the facility where the dog or cat was born.
        (4) The name of the animal broker or transporter, if applicable.
        (5) If the breeder or broker holds a license issued by the United States Department of Agriculture, the breeder's or broker's federal license number.
        (6) The retail price of the dog or cat.
    Sec. 2. Upon completion of the sale of a cat or dog, the retail pet store shall transmit the information described in section 1(a) of this chapter to the board.
    Sec. 3. A person who violates section 1 or 2 of this chapter commits a Class C infraction.
SOURCE: IC 35-45-6-1; (10)HB1258.1.2. -->     SECTION 2. IC 35-45-6-1, AS AMENDED BY P.L.143-2009, SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 1. (a) The definitions in this section apply throughout this chapter.
    (b) "Documentary material" means any document, drawing, photograph, recording, or other tangible item containing compiled data from which information can be either obtained or translated into a usable form.
    (c) "Enterprise" means:
        (1) a sole proprietorship, corporation, limited liability company, partnership, business trust, or governmental entity; or
        (2) a union, an association, or a group, whether a legal entity or merely associated in fact.
    (d) "Pattern of racketeering activity" means engaging in at least two (2) incidents of racketeering activity that have the same or similar intent, result, accomplice, victim, or method of commission, or that are

otherwise interrelated by distinguishing characteristics that are not isolated incidents. However, the incidents are a pattern of racketeering activity only if at least one (1) of the incidents occurred after August 31, 1980, and if the last of the incidents occurred within five (5) years after a prior incident of racketeering activity.
    (e) "Racketeering activity" means to commit, to attempt to commit, to conspire to commit a violation of, or aiding and abetting in a violation of any of the following:
        (1) A provision of IC 23-19, or of a rule or order issued under IC 23-19.
        (2) A violation of IC 35-45-9.
        (3) A violation of IC 35-47.
        (4) A violation of IC 35-49-3.
        (5) Murder (IC 35-42-1-1).
        (6) Battery as a Class C felony (IC 35-42-2-1).
        (7) Kidnapping (IC 35-42-3-2).
        (8) Human and sexual trafficking crimes (IC 35-42-3.5).
        (9) Child exploitation (IC 35-42-4-4).
        (10) Robbery (IC 35-42-5-1).
        (11) Carjacking (IC 35-42-5-2).
        (12) Arson (IC 35-43-1-1).
        (13) Burglary (IC 35-43-2-1).
        (14) Theft (IC 35-43-4-2).
        (15) Receiving stolen property (IC 35-43-4-2).
        (16) Forgery (IC 35-43-5-2).
        (17) Fraud (IC 35-43-5-4(1) through IC 35-43-5-4(10)).
        (18) Bribery (IC 35-44-1-1).
        (19) Official misconduct (IC 35-44-1-2).
        (20) Conflict of interest (IC 35-44-1-3).
        (21) Perjury (IC 35-44-2-1).
        (22) Obstruction of justice (IC 35-44-3-4).
        (23) Intimidation (IC 35-45-2-1).
        (24) Promoting prostitution (IC 35-45-4-4).
        (25) Professional gambling (IC 35-45-5-3).
        (26) Maintaining a professional gambling site (IC 35-45-5-3.5(b)).
        (27) Promoting professional gambling (IC 35-45-5-4).
        (28) Dealing in or manufacturing cocaine or a narcotic drug (IC 35-48-4-1).
        (29) Dealing in or manufacturing methamphetamine (IC 35-48-4-1.1).
        (30) Dealing in a schedule I, II, or III controlled substance

(IC 35-48-4-2).
        (31) Dealing in a schedule IV controlled substance (IC 35-48-4-3).
        (32) Dealing in a schedule V controlled substance (IC 35-48-4-4).
        (33) Dealing in marijuana, hash oil, or hashish (IC 35-48-4-10).
        (34) Money laundering (IC 35-45-15-5).
        (35) A violation of IC 35-47.5-5.
        (36) A violation of any of the following:
            (A) IC 23-14-48-9.
            (B) IC 30-2-9-7(b).
            (C) IC 30-2-10-9(b).
            (D) IC 30-2-13-38(f).
         (37) Promoting an animal fighting contest (IC 35-46-3-9.5).

SOURCE: IC 35-46-3-9; (10)HB1258.1.3. -->     SECTION 3. IC 35-46-3-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 9. A person who knowingly or intentionally:
        (1) promotes or stages an animal fighting contest;
        (2) uses an animal in a fighting contest; or
        (3) attends an animal fighting contest; having an animal in the person's possession;
commits a Class D felony.
SOURCE: IC 35-46-3-16; (10)HB1258.1.4. -->     SECTION 4. IC 35-46-3-16 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 16. (a) As used in this section, "equine" has the meaning set forth in IC 34-6-2-40.
    (b) A person having care or custody of an equine shall provide the equine with access to shelter (including trees or other natural barriers providing shelter) that provides protection from weather extremes and that is free from standing water.
    (c) A person who knowingly or intentionally violates subsection (b) commits a Class B infraction. However, the offense is a Class A infraction if the person has at least two (2) prior unrelated judgments for violations of this section.
SOURCE: IC 35-46-3-10; (10)HB1258.1.5. -->     SECTION 5. IC 35-46-3-10 IS REPEALED [EFFECTIVE JULY 1, 2010].