Introduced Version






HOUSE BILL No. 1288

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 14-8-2; IC 14-22-26.

Synopsis: Dangerous wild animals. Classifies certain animals as "dangerous wild animals". Except for certain exemptions, requires that a person must have a permit from the department of natural resources to possess a dangerous wild animal. Requires that a person who possesses a dangerous wild animal must meet certain conditions and requirements. Prohibits a person from acquiring or breeding a dangerous wild animal after July 1, 2012. Establishes a Class B infraction for a violation and a penalty not to exceed $2,000 for subsequent violations. Allows the department of natural resources to adopt rules concerning permit fees and caging requirements for dangerous wild animals. Allows a city or county to adopt more restrictive ordinances concerning dangerous wild animals.

Effective: July 1, 2012.





Lawson L




    January 11, 2012, read first time and referred to Committee on Natural Resources.







Introduced

Second Regular Session 117th General Assembly (2012)


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. 1288



    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; (12)IN1288.1.1. -->     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, 2012]: 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 14-8-2-64.5; (12)IN1288.1.2. -->     SECTION 2. IC 14-8-2-64.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 64.5. "Dangerous wild animal", for purposes of IC 14-22-26, has the meaning set forth in IC 14-22-26-2(2).
SOURCE: IC 14-8-2-209.5; (12)IN1288.1.3. -->     SECTION 3. IC 14-8-2-209.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 209.5. "Possess", 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; (12)IN1288.1.4. -->     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, 2012]: 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; (12)IN1288.1.5. -->     SECTION 5. IC 14-8-2-323 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: 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; (12)IN1288.1.6. -->     SECTION 6. IC 14-22-26-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. This chapter does not apply to licensed commercial animal dealers, the following:
        (1)
Zoological parks.
        (2) Facilities that have an active contractual relationship with an Association of Zoos and Aquariums Species Survival Plan program for breeding of species listed as threatened or endangered under 16 U.S.C. 1533.

         (3) Circuses. or carnivals.
         (4) Licensed or accredited research facilities as defined by 7 U.S.C. 2132(d), as amended, for the species of animals for which the facility is registered.
        (5) Veterinary hospitals or clinics operated by a licensed veterinarian that are providing treatment to a dangerous wild animal.
        (6) Wildlife sanctuaries.
        (7) Rehabilitators who have been issued a state or federal wildlife rehabilitation permit to rehabilitate dangerous wild animals that are:
            (A) native to Indiana; and
            (B) unable to be released into the wild.
        (8) Animal control and law enforcement officers acting under the authority of this chapter.
        (9) Organizations housing a dangerous wild animal at the request of the department or a law enforcement officer.
        (10) Persons who transport a dangerous wild animal through Indiana if:
            (A) the person who transports the dangerous wild animal through Indiana notifies the department at least seventy-two (72) hours before entering Indiana and identifies the number and type of dangerous wild animals that will be transported;
            (B) the transit time through Indiana is less than twenty-four (24) hours;
            (C) the animal is not exhibited in Indiana; and
            (D) 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; (12)IN1288.1.7. -->     SECTION 7. IC 14-22-26-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: 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.
        (2) "Dangerous wild 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) All species of family Hyaenidae (hyena and aardwolf).
            (E) Nonhuman primates.
            (F) All species of family Procyonidea (raccoons, kinkajous, and coatimundis).
            (G) Elephants.
            (H) Crocodilians.
            (I) Venomous reptiles.
            (J) All species in the family Boidae (anacondas, pythons, boa constrictors).
            (K) Any other animal classified as a prohibited animal by the department.
        (3) "Possess" means to own, harbor, or have custody or control of a dangerous wild animal.
        (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 dangerous wild animals;
            (C) does not sell, trade, auction, lease, or loan dangerous wild animals or parts of a dangerous wild animal;
            (D) does not breed dangerous wild animals;
            (E) does not allow the public the opportunity to come into contact with the dangerous wild animal; and
            (F) does not use a dangerous wild 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; (12)IN1288.1.8. -->     SECTION 8. IC 14-22-26-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 3. (a) Except as provided in this chapter, a person may not possess a dangerous wild 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 dangerous wild animal if the applicant possessed the dangerous wild animal before July 1, 2012.
     (c) A person who obtains a permit to possess a dangerous wild animal shall comply with the following requirements:
        (1) The person may not breed a dangerous wild animal or replace a dangerous wild animal.
        (2) The person shall notify the department immediately if the dangerous wild animal escapes.
        (3) The person shall notify the department before moving the dangerous wild animal or changing the person's addresses.
        (4) The person shall not allow the dangerous wild animal to come into physical contact with any person other than the person possessing the animal, the animal's designated handler, an employee of the department or a law enforcement officer enforcing this chapter, or a veterinarian administering medical examination, treatment, or care.
        (5) The person has not been convicted for an offense involving the abuse or neglect of an animal.
        (6) The person has not had a permit or license concerning the care, possession, exhibition, breeding, or sale of an animal revoked or suspended by a governmental agency.

        (7) The person shall maintain records for each dangerous wild animal, including veterinary records, acquisition papers, and any other records that prove ownership of the dangerous wild animal.
        (8) The person presents proof of liability insurance in an

amount of not less than one hundred thousand dollars ($100,000), with a deductible of not more than two hundred fifty dollars ($250), for each occurrence of property damage, bodily injury, or death caused by any dangerous wild animal possessed by the person.
        (9) The person must notify the department not less than three (3) days before a dangerous wild animal is sold or the ownership is transferred.

SOURCE: IC 14-22-26-4; (12)IN1288.1.9. -->     SECTION 9. IC 14-22-26-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: 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; (12)IN1288.1.10. -->     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, 2012]: Sec. 4.5. (a) An applicant for a permit to possess a dangerous wild animal must submit an application that includes the following:
        (1) A fee established by the department for each dangerous wild animal.
        (2) The name, address, and telephone number of the applicant.
        (3) A description of each dangerous wild animal, including the scientific name, common name, and any information that would aid in the identification of the animal.
        (4) The exact location where each dangerous wild animal is to be kept.
    (b) The director may issue a permit to possess a dangerous wild animal if the director determines that the applicant has met the requirements of subsection (a).
    (c) A permit to possess a dangerous wild animal expires one (1) year after the date of issuance.

SOURCE: IC 14-22-26-5; (12)IN1288.1.11. -->     SECTION 11. IC 14-22-26-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: 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 dangerous wild 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) The animal is in a position to harm another animal.
            (B) 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 dangerous wild animal, pending the outcome of the proceedings under this section, if:
        (1) the person who possesses the dangerous wild animal does not have a permit to possess the dangerous wild animal; or
        (2) the person took possession of the dangerous wild animal after June 30, 2012.

    (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 dangerous wild 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 dangerous wild 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 dangerous wild 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 dangerous wild animal seized under this chapter may not be returned to the person who had possession of the animal before seizure unless:
        (1) the person's possession of the wild or dangerous wild animal does not violate this section; and
        (2) the return of the wild or dangerous wild animal does not pose a risk to public health or safety.


    (g) If a dangerous wild animal that:
        (1) is seized under this chapter;
        (2) cannot be returned
to the person who had possession of the animal under subsection (f); and
        (3) is an animal for which the director cannot find an appropriate placement;
the director may order that the animal be euthanized.

SOURCE: IC 14-22-26-6; (12)IN1288.1.12. -->     SECTION 12. IC 14-22-26-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 6. (a) The director may adopt rules under IC 4-22-2 concerning the following:
        (1) A fee for each dangerous wild animal permit. The fee may provide for a sliding scale to provide a reduced fee for additional dangerous wild animals owned or possessed by the applicant.
        (2) Minimum caging and husbandry standards for various dangerous wild animals.
    (b)
Rules adopted under this chapter must provide for the following:
        (1) The safety of the public.
        (2) The health of the animals.
SOURCE: IC 14-22-26-7; (12)IN1288.1.13. -->     SECTION 13. IC 14-22-26-7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 7. A person who knowingly violates this chapter commits a Class B infraction. Notwithstanding IC 34-28-5-4(b), a civil judgment of not more than two thousand dollars ($2,000) for an infraction committed under this section may be imposed if the person has a prior unrelated judgment for violating this chapter.
SOURCE: IC 14-22-26-8; (12)IN1288.1.14. -->     SECTION 14. IC 14-22-26-8 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 8. This chapter does not prohibit a county or city from adopting an ordinance concerning dangerous wild animals that is more restrictive than this chapter.
SOURCE: IC 14-22-26-9; (12)IN1288.1.15. -->     SECTION 15. IC 14-22-26-9 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 9. (a) Notwithstanding this chapter, a Class II or Class III permit issued under 312 IAC 9-11 for a dangerous wild animal expires December 31, 2012.
    (b) Notwithstanding section 3 of this chapter, a person who possesses a dangerous wild animal must apply for a dangerous wild animal permit under section 3 of this chapter before September 1, 2012. The department must issue or deny a permit

before December 31, 2012, to a person who applies under this subsection for a permit to possess a dangerous wild animal.
    (c) This SECTION expires July 1, 2013.