| 1 | 1 | | |
|---|
| 2 | 2 | | Introduced Version |
|---|
| 3 | 3 | | SENATE BILL No. 261 |
|---|
| 4 | 4 | | _____ |
|---|
| 5 | 5 | | DIGEST OF INTRODUCED BILL |
|---|
| 6 | 6 | | Citations Affected: IC 1-1-2-5. |
|---|
| 7 | 7 | | Synopsis: Right to food. Provides that an individual has the right to: |
|---|
| 8 | 8 | | (1) save and exchange seeds to grow food; and (2) grow, raise, |
|---|
| 9 | 9 | | produce, harvest, and consume the food that the individual chooses for |
|---|
| 10 | 10 | | the individual's own nourishment, sustenance, bodily health, and |
|---|
| 11 | 11 | | well-being. Specifies certain acts that are prohibited. Provides that a |
|---|
| 12 | 12 | | zoning ordinance may restrict but may not prohibit the growing or |
|---|
| 13 | 13 | | raising of food. Specifies that the board of animal health and the United |
|---|
| 14 | 14 | | States Department of Agriculture may enforce a state or federal law, |
|---|
| 15 | 15 | | rule, or regulation concerning animals. Specifies that the right to grow |
|---|
| 16 | 16 | | and raise food does not impair the terms of a lease or contract. |
|---|
| 17 | 17 | | Effective: July 1, 2022. |
|---|
| 18 | 18 | | Doriot |
|---|
| 19 | 19 | | January 10, 2022, read first time and referred to Committee on Agriculture. |
|---|
| 20 | 20 | | 2022 IN 261—LS 6669/DI 77 Introduced |
|---|
| 21 | 21 | | Second Regular Session of the 122nd General Assembly (2022) |
|---|
| 22 | 22 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
|---|
| 23 | 23 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
|---|
| 24 | 24 | | additions will appear in this style type, and deletions will appear in this style type. |
|---|
| 25 | 25 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
|---|
| 26 | 26 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
|---|
| 27 | 27 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
|---|
| 28 | 28 | | a new provision to the Indiana Code or the Indiana Constitution. |
|---|
| 29 | 29 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
|---|
| 30 | 30 | | between statutes enacted by the 2021 Regular Session of the General Assembly. |
|---|
| 31 | 31 | | SENATE BILL No. 261 |
|---|
| 32 | 32 | | A BILL FOR AN ACT to amend the Indiana Code concerning |
|---|
| 33 | 33 | | general provisions. |
|---|
| 34 | 34 | | Be it enacted by the General Assembly of the State of Indiana: |
|---|
| 35 | 35 | | 1 SECTION 1. IC 1-1-2-5 IS ADDED TO THE INDIANA CODE AS |
|---|
| 36 | 36 | | 2 A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, |
|---|
| 37 | 37 | | 3 2022]: Sec. 5. (a) Except as provided in subsection (b), an individual |
|---|
| 38 | 38 | | 4 has the right to: |
|---|
| 39 | 39 | | 5 (1) save and exchange seeds to grow food; and |
|---|
| 40 | 40 | | 6 (2) grow, raise, produce, harvest, and consume the food that |
|---|
| 41 | 41 | | 7 the individual chooses; |
|---|
| 42 | 42 | | 8 for the individual's own nourishment, sustenance, bodily health, |
|---|
| 43 | 43 | | 9 and well-being. |
|---|
| 44 | 44 | | 10 (b) Nothing in this section allows an individual to commit: |
|---|
| 45 | 45 | | 11 (1) trespassing; |
|---|
| 46 | 46 | | 12 (2) theft; |
|---|
| 47 | 47 | | 13 (3) the illegal taking, catching, killing, possession, or |
|---|
| 48 | 48 | | 14 transportation of an animal; |
|---|
| 49 | 49 | | 15 (4) animal cruelty; or |
|---|
| 50 | 50 | | 16 (5) an abuse of: |
|---|
| 51 | 51 | | 17 (A) private property rights; |
|---|
| 52 | 52 | | 2022 IN 261—LS 6669/DI 77 2 |
|---|
| 53 | 53 | | 1 (B) public lands; or |
|---|
| 54 | 54 | | 2 (C) natural resources; |
|---|
| 55 | 55 | | 3 in the growing, raising, production, harvesting, consumption, or |
|---|
| 56 | 56 | | 4 acquisition of seeds or food. |
|---|
| 57 | 57 | | 5 (c) A unit of local government that exercises planning and |
|---|
| 58 | 58 | | 6 zoning under IC 36-7-4 may adopt and enforce ordinances and |
|---|
| 59 | 59 | | 7 resolutions under IC 36-7-4 that reasonably restrict the growing or |
|---|
| 60 | 60 | | 8 raising of food. However, a unit of local government may not adopt |
|---|
| 61 | 61 | | 9 or enforce ordinances or resolutions under IC 36-7-4 that prohibit |
|---|
| 62 | 62 | | 10 or have the effect of prohibiting the growing or raising of food. |
|---|
| 63 | 63 | | 11 (d) Nothing in subsection (a) prohibits the board of animal |
|---|
| 64 | 64 | | 12 health or the United States Department of Agriculture from |
|---|
| 65 | 65 | | 13 enforcing a state or federal law, rule, or regulation concerning |
|---|
| 66 | 66 | | 14 animals, including the humane slaughter of animals. |
|---|
| 67 | 67 | | 15 (e) Nothing in subsection (a) may impair the terms of a lease or |
|---|
| 68 | 68 | | 16 contract, including the governing documents (as defined by |
|---|
| 69 | 69 | | 17 IC 32-25.5-2-3) of a homeowners association. |
|---|
| 70 | 70 | | 2022 IN 261—LS 6669/DI 77 |
|---|