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Indiana Senate Bill SB0134

Indiana 2023 Regular Session

Indiana Senate Bill SB0134 Compare Versions

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1-*SB0134.1*
2-February 14, 2023
1+
2+Introduced Version
33 SENATE BILL No. 134
44 _____
5-DIGEST OF SB 134 (Updated February 13, 2023 12:02 pm - DI 150)
6-Citations Affected: IC 15-22.
7-Synopsis: Retail sale of dogs. Enacts an article concerning the retail
8-sale of dogs. Provides that restrictions on ordinances concerning the
9-retail sale of dogs do not apply to a city or incorporated town that
10-adopts an ordinance before January 1, 2023. Defines a "hobby breeder".
11-Provides that restrictions on the retail sale of dogs apply to certain
12-cities and incorporated towns. Defines a "kennel" to include an
13-establishment that is liable for the payment of a county option dog tax.
5+DIGEST OF INTRODUCED BILL
6+Citations Affected: IC 15-20-5; IC 15-21-1-1.
7+Synopsis: Sale of companion animals. Defines "companion animal"
8+as a dog or cat. Defines "casual breeder" as a person who maintains at
9+least five but not more than 20 unaltered female dogs that are at least
10+12 months of age and is recognized by a kennel society. Defines
11+"hobby breeder" as a person who: (1) maintains four or less female
12+breeding dogs; (2) only sells the offspring of the breeding female dogs
13+raised on the breeder's premises as pets or for exhibition; and (3) is
14+recognized by a kennel society. Prohibits the adoption or enforcement
15+of an ordinance or regulation prohibiting the sale of a companion
16+animal in certain circumstances.
1417 Effective: July 1, 2023.
15-Doriot, Leising, Byrne
18+Doriot
1619 January 9, 2023, read first time and referred to Committee on Agriculture.
17-February 13, 2023, amended, reported favorably — Do Pass.
18-SB 134—LS 6656/DI 150 February 14, 2023
20+2023 IN 134—LS 6656/DI 150 Introduced
1921 First Regular Session of the 123rd General Assembly (2023)
2022 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
2123 Constitution) is being amended, the text of the existing provision will appear in this style type,
2224 additions will appear in this style type, and deletions will appear in this style type.
2325 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
2426 provision adopted), the text of the new provision will appear in this style type. Also, the
2527 word NEW will appear in that style type in the introductory clause of each SECTION that adds
2628 a new provision to the Indiana Code or the Indiana Constitution.
2729 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
2830 between statutes enacted by the 2022 Regular Session of the General Assembly.
2931 SENATE BILL No. 134
3032 A BILL FOR AN ACT to amend the Indiana Code concerning
3133 agriculture and animals.
3234 Be it enacted by the General Assembly of the State of Indiana:
33-1 SECTION 1. IC 15-22 IS ADDED TO THE INDIANA CODE AS
34-2 A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
35-3 2023]:
36-4 ARTICLE 22. RETAIL SALE OF DOGS
37-5 Chapter 1. Applicability
38-6 Sec. 1. This article applies only to the following:
39-7 (1) A city (as defined by IC 36-1-2-3).
40-8 (2) An incorporated town.
41-9 Chapter 2. Definitions
42-10 Sec. 1. As used in this article, "hobby breeder" means a person
43-11 who maintains at least five (5) and not more than twenty (20)
44-12 unaltered female dogs that are at least twelve (12) months of age.
45-13 Sec. 2. As used in this article, "kennel" means an establishment
46-14 that:
47-15 (1) operates for the:
48-16 (A) breeding;
49-17 (B) boarding;
50-SB 134—LS 6656/DI 150 2
51-1 (C) training; or
52-2 (D) sale;
53-3 of dogs; and
54-4 (2) is liable for payment of a county option dog tax, if the
55-5 kennel is located in a county that has adopted a tax under
56-6 IC 6-9-39-3.
57-7 Sec. 3. (a) As used in this article, "retail pet store" means a
58-8 commercial enterprise that sells dogs or dog accessories for profit.
59-9 (b) The term excludes a kennel.
60-10 Sec. 4. As used in this article, "unit" means a city (as defined by
61-11 IC 36-1-2-3) or an incorporated town.
62-12 Chapter 3. Ordinances and Regulations Concerning the Retail
63-13 Sale of Dogs
64-14 Sec. 1. (a) This section does not apply to a unit that adopts an
65-15 ordinance or regulation before January 1, 2023, that prohibits the
66-16 sale of dogs in retail pet stores.
67-17 (b) A unit may not adopt an ordinance or regulation that
68-18 prohibits or effectively prohibits the sale of a dog by a retail pet
69-19 store that acquires dogs from any of the following:
70-20 (1) A commercial dog broker or commercial dog breeder that
71-21 meets the following criteria:
72-22 (A) Is registered as required by IC 15-21-2-1.
73-23 (B) Is certified by a national science based breeder
74-24 standards program.
75-25 (C) Is audited by an independent auditing firm that
76-26 complies with the applicable standards of the International
77-27 Organization for Standardization.
78-28 (2) A licensee (as defined in 9 CFR 1.1) that is subject to 9
79-29 CFR 3.1 and has no direct violations for the previous two (2)
80-30 years.
81-31 (3) A hobby breeder.
82-32 Chapter 4. Sales of Dogs by Retail Pet Stores
83-33 Sec. 1. Before the time of sale of a dog, a retail pet store
84-34 operator must, to the best of the operator's knowledge, provide to
85-35 the consumer the following information on the dog being offered
86-36 for sale:
87-37 (1) The retail price of the dog, including any additional fees or
88-38 charges.
89-39 (2) The dog's breed or breeds, if known, age, date of birth, sex,
90-40 and color.
91-41 (3) The date and description of any inoculation or medical
92-42 treatment that the dog received while in the possession of the:
93-SB 134—LS 6656/DI 150 3
94-1 (A) retail pet store; and
95-2 (B) commercial dog breeder, commercial dog broker,
96-3 humane society, animal rescue operation, or animal
97-4 shelter;
98-5 that the retail pet store is aware of.
99-6 (4) If the dog was supplied by a commercial dog breeder or
100-7 commercial dog broker, the name and address of the
101-8 commercial dog breeder or commercial dog broker.
102-9 (5) If eligible for registration with a pedigree registry, the
103-10 name and registration numbers of the sire and dam and the
104-11 address of the pedigree registry where the sire and dam are
105-12 registered.
106-13 (6) A copy of the retail pet store's policy regarding
107-14 warranties, refunds, or returns, and an explanation of the
108-15 remedy under section 3(c) of this chapter, in addition to any
109-16 other remedies available at law.
110-17 (7) Disclosure that the dog has been microchipped and the
111-18 microchip has been enrolled in a nationally searchable data
112-19 base. Each dog must be microchipped by the retail pet store
113-20 operator before the sale of the dog.
114-21 Sec. 2. A retail pet store may not sell a dog to a person who is
115-22 less than eighteen (18) years of age.
116-23 Sec. 3. (a) A customer who purchases a dog from a retail pet
117-24 store is entitled to a remedy under subsection (c) if:
118-25 (1) within fourteen (14) days after the date of sale, a licensed
119-26 veterinarian states in writing that at the time of sale:
120-27 (A) the dog was unfit for purchase due to illness or disease
121-28 or the presence of symptoms of a contagious or infectious
122-29 disease that are extreme enough to influence the general
123-30 health of the dog, excluding fleas or ticks; or
124-31 (B) the dog has died from a disease that existed in the dog
125-32 on or before the date of delivery of the dog to the
126-33 customer; or
127-34 (2) within two (2) years after the date of sale, a licensed
128-35 veterinarian states in writing that the dog:
129-36 (A) possesses a congenital or hereditary condition that
130-37 adversely affects the health of the dog or requires either
131-38 hospitalization or a nonelective surgical procedure; or
132-39 (B) has died of a congenital or hereditary condition.
133-40 (b) The veterinarian's statement under subsection (a)(2) must
134-41 include:
135-42 (1) the customer's name and address;
136-SB 134—LS 6656/DI 150 4
137-1 (2) a statement that the veterinarian examined the dog;
138-2 (3) the date or dates that the dog was examined;
139-3 (4) the breed and age of the dog, if known;
140-4 (5) a statement that the dog has or had a disease, illness, or
141-5 congenital or hereditary condition; and
142-6 (6) the findings of the examination or necropsy, including any
143-7 lab results or copies of the results.
144-8 (c) A customer entitled to a remedy under this section may:
145-9 (1) return the dog to the retail pet store for a full refund of the
146-10 purchase price;
147-11 (2) exchange the dog for another dog of comparable value
148-12 chosen by the customer;
149-13 (3) retain the dog and be reimbursed for reasonable
150-14 veterinary fees for diagnosis and treatment of the dog, not to
151-15 exceed the purchase price of the dog; or
152-16 (4) if the dog is deceased, be reimbursed:
153-17 (A) the full purchase price of the dog; and
154-18 (B) reasonable veterinary fees associated with the
155-19 diagnosis and treatment of the dog, not to exceed the
156-20 purchase price of the dog.
157-SB 134—LS 6656/DI 150 5
158-COMMITTEE REPORT
159-Madam President: The Senate Committee on Agriculture, to which
160-was referred Senate Bill No. 134, has had the same under consideration
161-and begs leave to report the same back to the Senate with the
162-recommendation that said bill be AMENDED as follows:
163-Delete committee amendment AM013402, adopted by the Senate
164-Agriculture Committee on January 23, 2023.
165-Delete everything after the enacting clause and insert the following:
166-(SEE TEXT OF BILL)
167-and when so amended that said bill do pass.
168-(Reference is to SB 134 as introduced and as amended by
169-AM013402 as adopted by the Senate Agriculture Committee.)
170-LEISING, Chairperson
171-Committee Vote: Yeas 7, Nays 2.
172-SB 134—LS 6656/DI 150
35+1 SECTION 1. IC 15-20-5 IS ADDED TO THE INDIANA CODE AS
36+2 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
37+3 1, 2023]:
38+4 Chapter 5. Regulation of the Sale of Companion Animals
39+5 Sec. 1. As used in this chapter, "companion animal" means a
40+6 dog or cat.
41+7 Sec. 2. As used in this chapter, "kennel" means an establishment
42+8 that:
43+9 (1) operates for the:
44+10 (A) breeding;
45+11 (B) boarding;
46+12 (C) training; or
47+13 (D) sale;
48+14 of dogs; and
49+15 (2) is liable for payment of a county option dog tax under
50+16 IC 6-9-39-3.
51+17 Sec. 3. (a) As used in this chapter, "retail pet store" means a
52+2023 IN 134—LS 6656/DI 150 2
53+1 commercial enterprise that sells companion animals or companion
54+2 animal accessories for profit.
55+3 (b) The term does not include a kennel.
56+4 Sec. 4. As used in this chapter, "unit" means a county, city,
57+5 town, or township.
58+6 Sec. 5. (a) A unit may not adopt or enforce an ordinance or
59+7 regulation that prohibits or effectively prohibits the sale of a
60+8 companion animal by a retail pet store that acquires companion
61+9 animals from a:
62+10 (1) commercial dog broker or commercial dog breeder that is
63+11 registered as required by IC 15-21-2-1;
64+12 (2) licensee (as defined in 9 CFR 1.1) that is subject to 9 CFR
65+13 3.1; or
66+14 (3) casual breeder (as defined in IC 15-21-1-1(c)).
67+15 (b) This section does not apply to a unit's adoption or
68+16 enforcement of an ordinance or regulation that enforces a state or
69+17 federal law.
70+18 SECTION 2. IC 15-21-1-1, AS AMENDED BY P.L.1-2010,
71+19 SECTION 66, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
72+20 JULY 1, 2023]: Sec. 1. (a) This article does not apply to:
73+21 (1) an animal shelter;
74+22 (2) a humane society;
75+23 (3) an animal rescue operation;
76+24 (4) a casual breeder;
77+25 (4) (5) a hobby breeder;
78+26 (5) (6) a person who breeds at least seventy-five percent (75%) of
79+27 the person's dogs as sport dogs for hunting sporting purposes; or
80+28 (6) (7) a person who breeds at least seventy-five percent (75%) of
81+29 the person's dogs as:
82+30 (A) service dogs; or as
83+31 (B) dogs for use by the police or the armed forces;
84+32 (C) personal protection dogs;
85+33 (D) therapy dogs; and
86+34 (E) guide dogs.
87+35 (b) As used in this section, "animal rescue operation" means a
88+36 person or organization:
89+37 (1) that accepts within one (1) year:
90+38 (A) more than twelve (12) dogs; or
91+39 (B) more than nine (9) dogs and more than three (3) unweaned
92+40 litters of puppies;
93+41 that are available for adoption for human companionship as pets
94+42 or as companion animals in permanent adoptive homes and that
95+2023 IN 134—LS 6656/DI 150 3
96+1 are maintained in a private residential dwelling; or
97+2 (2) that uses a system of private residential dwellings as foster
98+3 homes for the dogs.
99+4 The term does not include a person or organization that breeds dogs.
100+5 (c) As used in this section, "hobby breeder" "casual breeder"
101+6 means a person who maintains five (5) to fewer than twenty (20)
102+7 unaltered female dogs that are at least twelve (12) months of age and
103+8 is recognized by a kennel society.
104+9 (d) As used in this section, "hobby breeder" means a person
105+10 who:
106+11 (1) maintains four (4) or less breeding female dogs;
107+12 (2) only sells the offspring of the breeding female dogs raised
108+13 on the breeder's premises:
109+14 (A) as pets; or
110+15 (B) for exhibition; and
111+16 (3) is recognized by a national or international kennel
112+17 association.
113+2023 IN 134—LS 6656/DI 150