Introduced Version






HOUSE BILL No. 1194

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 14-8-2; IC 14-22; IC 15-20.

Synopsis: Hunting preserves. Provides for the licensing and operation of hunting preserves on which farm raised and released cervidae and game birds are hunted. Establishes licensing requirements, inspection, and fees. Exempts licensed hunting preserves from the licensing requirements for game breeders and shooting preserves. Provides that hunters on hunting preserves are not required to have a hunting license and are not subject to bag limits. Requires that a transportation tag be purchased and fixed to the leg of each cervidae taken on a hunting preserve. Prohibits computer assisted remote hunting on hunting preserves. Provides that the law under which the county is liable for losses sustained by the owners of certain types of animals that are killed or maimed by dogs does not apply to farm raised cervidae and game birds on a hunting preserve.

Effective: July 1, 2013.





Ubelhor, Heaton, VanNatter




    January 10, 2013, read first time and referred to Committee on Natural Resources.







Introduced

First Regular Session 118th General Assembly (2013)


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. 1194



    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 14-8-2-37.6; (13)IN1194.1.1. -->     SECTION 1. IC 14-8-2-37.6, AS ADDED BY P.L.93-2005, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 37.6. "Cervidae", For purposes of IC 14-22-20.5 has the meaning set forth in IC 14-22-20.5-1. and IC 14-22-20.7, "cervidae" means privately owned members of the cervidae family, including deer, elk, moose, reindeer, and caribou.
SOURCE: IC 14-8-2-111; (13)IN1194.1.2. -->     SECTION 2. IC 14-8-2-111 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 111. "Game bird", For purposes of IC 14-22-8 has the meaning set forth in IC 14-22-8-2. and IC 14-22-20.7, "game bird" means pheasant, quail, grouse, mourning dove, and wild turkey.
SOURCE: IC 14-8-2-128.3; (13)IN1194.1.3. -->     SECTION 3. IC 14-8-2-128.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 128.3. "Hunting preserve", for purposes of IC 14-22-20.7, has the meaning set forth in IC 14-22-20.7-1.
SOURCE: IC 14-8-2-200.5; (13)IN1194.1.4. -->     SECTION 4. IC 14-8-2-200.5 IS ADDED TO THE INDIANA

CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 200.5. "Permitted animal", for purposes of IC 14-22-20.7, has the meaning set forth in IC 14-22-20.7-3.

SOURCE: IC 14-8-2-195; (13)IN1194.1.5. -->     SECTION 5. IC 14-8-2-195 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 195. "Owner" has the following meaning:
        (1) For purposes of IC 14-11-4, the meaning set forth in IC 14-11-4-2.
        (2) For purposes of IC 14-15, a person who has the legal title to a watercraft.
        (3) For purposes of IC 14-16-1, the meaning set forth in IC 14-16-1-6.
         (4) For purposes of IC 14-22-20.7, the meaning set forth in IC 14-22-20.7-2.
        (4) (5) For purposes of IC 14-25-4, the meaning set forth in IC 14-25-4-4.
        (5) (6) For purposes of IC 14-27-7, the meaning set forth in IC 14-27-7-1.
        (6) (7) For purposes of IC 14-27-7.5, the meaning set forth in IC 14-27-7.5-4.
        (7) (8) For purposes of IC 14-36, the term includes the following:
            (A) Owners in fee.
            (B) Life tenants.
            (C) Tenants for years.
            (D) Holders of remainder of reversionary interests.
            (E) Holders of leaseholds or easements.
            (F) Holders of mineral rights.
        (8) (9) For purposes of IC 14-37, a person who has the right to drill into and produce from a pool and to appropriate the oil and gas produced from the pool for:
            (A) the person or others; or
            (B) the person and others.
        (9) (10) For the purposes of IC 14-22-10-2, the meaning set forth in IC 14-22-10-2(c).
SOURCE: IC 14-22-20-1; (13)IN1194.1.6. -->     SECTION 6. IC 14-22-20-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. (a) The department may, under rules adopted under IC 4-22-2, issue to a resident of Indiana, upon the payment of a fee of fifteen dollars ($15), a license to:
        (1) propagate in captivity; and
        (2) possess, buy, or sell for this purpose only;
game birds, game mammals, or furbearing mammals protected by

Indiana law.
     (b) The owner of a hunting preserve licensed under IC 14-22-20.7 is not required to obtain a game breeders license under this section.

SOURCE: IC 14-22-20.7; (13)IN1194.1.7. -->     SECTION 7. IC 14-22-20.7 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]:
     Chapter 20.7. Cervidae Hunting Preserves
    Sec. 1. As used in this chapter, "hunting preserve" means an area of land where permitted animals are hunted.
    Sec. 2. As used in this chapter, "licensed owner" means an owner of a hunting preserve who holds a license issued under this chapter.
    Sec. 3. As used in this chapter, "permitted animal" means the following farm raised and released animals:
        (1) Cervidae.
        (2) Game birds, including chukar partridges, properly marked mallard ducks, and other bird species.
    Sec. 4. (a) The department shall issue an initial hunting preserve license to a person who:
        (1) either:
            (A) meets the requirements set forth in this chapter; or
            (B) operated, at any time, a hunting preserve during the period beginning January 1, 2005, and ending December 31, 2012; and
        (2) pays a fee of two hundred fifty dollars ($250).
    (b) The department shall annually renew the hunting preserve license of a person who:
        (1) meets the requirements set forth in this chapter; and
        (2) pays an annual fee of two hundred fifty dollars ($250).

     Sec. 5. Permitted animals (including their products) that are:
        (1) raised on a farm in Indiana; or
        (2) legally:
            (A) acquired in Indiana; or
            (B) imported into Indiana;
        in compliance with applicable Indiana board of animal health laws and rules;
are the property of the licensed owner of the hunting preserve containing the permitted animals.
    Sec. 6. (a) A hunting preserve must provide sufficient space and cover to allow permitted animals the opportunity to elude hunters.
    (b) A hunting preserve that allows hunting for cervidae must

meet the following requirements:
        (1) If a person begins to operate a preserve after December 31, 2012, the preserve must contain not less than two hundred (200) acres.
        (2) The preserve must be enclosed by a fence that is at least eight (8) feet in height and not more than six (6) inches above the ground.
        (3) Reasonable efforts must be made to clear the preserve of wild deer.
        (4) The preserve may not be bisected by a public road or fencing.
        (5) The fence enclosing the preserve must be marked with signs that meet the specifications of the department.

     Sec. 7. (a) Subject to subsection (b), before a hunting preserve may release permitted animals and begin operations under an initial license, the hunting preserve site must pass an inspection by the department and the Indiana board of animal health.
    (b) If an owner operated, at any time, a hunting preserve during the period beginning January 1, 2005, and ending December 31, 2012, the owner may release permitted animals and resume the hunting preserve operations when a hunting preserve license is issued without a site inspection.
    Sec. 8. If a cervidae escapes from a hunting preserve, the owner must report the escape to the department within twenty-four (24) hours after the escape is discovered.
    Sec. 9. (a) The owner of a hunting preserve may not release a privately owned cervidae into the wild.
    (b) The owner of a hunting preserve may not release any animal
other than a permitted animal onto the site of the hunting preserve.
     Sec. 10. (a) A person who takes or hunts a permitted animal on a hunting preserve is not required to have a hunting license.
    (b) The department shall provide the licensed owner of a hunting preserve either a transportation tag or a cull tag for every cervidae taken on the hunting preserve. The licensed owner shall pay the department a fee of fifty dollars ($50) per buck and twenty- five dollars ($25) per doe for each transportation tag. The department shall provide cull tags to the licensed owner of a hunting preserve without charge.
    (c) The owner of a hunting preserve shall cause a transportation tag to be affixed to a leg of each cervidae taken on the hunting preserve.
    (d) An individual may not transport or possess a cervidae taken

from a hunting preserve without a transportation tag.
    (e) The owner of a hunting preserve shall provide each hunter with a bill of sale for game birds taken by the hunter from the hunting preserve. The transportation tag affixed to the leg of a cervidae taken on a hunting preserve under subsection (c) is considered to be the bill of sale for the sale of the cervidae by the owner of the hunting preserve to the hunter.
    (f) The owner of a hunting preserve is not required to purchase a transportation tag for cervidae culled by the owner from the hunting preserve and transported directly for personal consumption, or to a butcher or charity. However, the owner shall cause a cull tag to be affixed to a leg of each cervidae culled by the owner.
    Sec. 11. (a) A licensed owner of a hunting preserve must keep records of:
        (1) the number of each permitted animal species purchased for the hunting preserve;
        (2) the number of each species harvested in the hunting preserve; and
        (3) the full name and address of each hunter who takes a permitted animal in the hunting preserve.
    (b) All information required by this chapter must be recorded on forms supplied by the department. The records must be maintained for a period of two (2) years and must be open for inspection by employees of the department and the Indiana board of animal health during regular business hours.
    Sec. 12. (a) Permitted animals may be hunted on a hunting preserve licensed under this chapter between one half (1/2) hour before sunrise and one half (1/2) hour after sunset, but only from August 15 through April 15.
    (b) For permitted animals taken on the hunting preserve there is not a bag limit, and both male and female animals may be taken.
    (c) A licensed owner may charge fees for hunting on the hunting preserve that reflect the class of animal hunted.
    Sec. 13. (a) Only weapons that may legally be used in hunting on other property in Indiana may be used in hunting on a hunting preserve.
    (b) A hunting preserve may not allow computer assisted remote hunting.

SOURCE: IC 14-22-31-0.5; (13)IN1194.1.8. -->     SECTION 8. IC 14-22-31-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 0.5. This chapter does not apply

to a hunting preserve licensed under IC 14-22-20.7.

SOURCE: IC 15-20-2-3; (13)IN1194.1.9. -->     SECTION 9. IC 15-20-2-3, AS ADDED BY P.L.2-2008, SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3. (a) This section does not apply to farm raised cervidae and game birds on a hunting preserve licensed under IC 14-22-20.7.
    (a) (b) The following losses and expenses are chargeable to the county in which an attack or exposure occurs:
        (1) Damages, less compensation by insurance or otherwise, sustained by the owner of the following stock, fowl, or game killed, maimed, or damaged by a dog:
            (A) Sheep.
            (B) Cattle.
            (C) Horses.
            (D) Swine.
            (E) Goats.
            (F) Mules.
            (G) Chickens.
            (H) Geese.
            (I) Turkeys.
            (J) Ducks.
            (K) Guineas.
            (L) Tame rabbits.
            (M) Game birds and game animals held in captivity under authority of a game breeder's license issued by the department of natural resources.
            (N) Bison.
            (O) Farm raised cervidae.
            (P) Ratitae.
            (Q) Camelidae.
        (2) The expense of rabies post exposure prophylaxis that is incurred by any person who is bitten by or exposed to a dog known to have rabies.
    (b) (c) Damages are not chargeable to a county under this section for sheep except those claims in which individual damage exists or is shown.
SOURCE: IC 15-20-2-4; (13)IN1194.1.10. -->     SECTION 10. IC 15-20-2-4, AS AMENDED BY P.L.1-2009, SECTION 114, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 4. (a) A county auditor shall establish procedures in accordance with the requirements of sections 3(a) 3(b) and 6 of this chapter by which a claimant may submit a claim to the county auditor or a designee of the county auditor.
    (b) A county auditor who:
        (1) receives a verified claim under section 3(a) 3(b) of this chapter from a claimant; and
        (2) is satisfied that the claim meets the requirements of sections 3(a) 3(b) and 6 of this chapter;
shall immediately issue a warrant or check to the claimant for the verified amount of the claim. If a county option dog tax adopted under IC 6-9-39 is not in effect in the county, a claim under this section may be paid out of nonappropriated funds. A county auditor who is not satisfied that a claim meets the requirements of sections 3(a) 3(b) and 6 of this chapter shall promptly notify the claimant.
    (c) A person whose claim under section 3(a) 3(b) of this chapter is denied by a county auditor may file an action in a court with jurisdiction to determine whether the county auditor acted in conformance with the requirements of this section and sections 3 and 6 of this chapter. If the court determines that the county auditor failed to comply with the requirements of this section or sections 3 and 6 of this chapter in evaluating the person's claim, the court may fashion an appropriate remedy, including an order directed to the county auditor to reconsider the person's claim.
SOURCE: IC 15-20-2-5; (13)IN1194.1.11. -->     SECTION 11. IC 15-20-2-5, AS ADDED BY P.L.2-2008, SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 5. A person requiring the treatment described in section 3(a)(2) 3(b)(2) of this chapter may select the person's own physician.
SOURCE: IC 15-20-2-6; (13)IN1194.1.12. -->     SECTION 12. IC 15-20-2-6, AS ADDED BY P.L.2-2008, SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 6. (a) An owner desiring to make a claim under section 3(a)(1) 3(b)(1) of this chapter must do the following:
        (1) Not more than seventy-two (72) hours after the time of the loss, notify one (1) of the following having jurisdiction in the location where the loss occurred:
            (A) A law enforcement officer.
            (B) An officer of a county or municipal animal control center, shelter, or similar impounding facility.
        (2) Not more than twenty (20) days after the time of the loss, report the loss to the county auditor as follows:
            (A) Under oath, the owner shall state:
                (i) the number, age, and value of the stock, fowl, or game; and
                (ii) the damages sustained, less compensation by insurance or otherwise.
            (B) In an affidavit, the owner must be joined by two (2) disinterested and reputable freeholders residing in the township in which the stock, fowl, or game were killed, maimed, or damaged. The affidavit must state that the freeholders are:
                (i) disinterested; and
                (ii) not related by blood or marriage to the claimant.
            (C) An appraisal of the stock, fowl, or game that were killed, maimed, or damaged may not exceed the actual cash value of the stock, fowl, or game. As it applies to ratitae, cash value may not exceed the slaughter value.
            (D) The owner shall provide verification of the loss by an officer described in subdivision (1).
            (E) Payment for a loss for property owned by a claimant on the last property tax assessment date may not be paid if the property was not reported by the owner for assessment purposes at that time.
    (b) In addition to the requirements of subsection (a), the claimant, if requested to do so by the county auditor or a person designated by the county auditor, must grant the right of subrogation to the county for the total amount paid on the claim to the claimant by the county on a form prescribed by the county auditor.
SOURCE: IC 15-20-2-7; (13)IN1194.1.13. -->     SECTION 13. IC 15-20-2-7, AS ADDED BY P.L.2-2008, SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 7. (a) An officer who receives notice under section 6(a)(1) of this chapter shall visit the scene of the loss, verify the loss in writing, and mark each killed, maimed, or damaged animal so that the animal can support only one (1) claim under this chapter.
    (b) A person desiring to make a claim under section 3(a)(2) 3(b)(2) of this chapter must provide the county auditor with documentation that the person, or a person for whom the claimant is financially responsible, underwent rabies post exposure prophylaxis.