LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
200 W. Washington St., Suite 301
Indianapolis, IN 46204
(317) 233-0696
iga.in.gov
FISCAL IMPACT STATEMENT
LS 6515 NOTE PREPARED: Jan 22, 2024
BILL NUMBER: HB 1412 BILL AMENDED: Jan 22, 2024
SUBJECT: Canine Standard of Care.
FIRST AUTHOR: Rep. Baird BILL STATUS: CR Adopted - 1
st
House
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: The bill sets forth regulations concerning the retail sale of dogs. It requires retail
pet stores, animal care facilities, and animal rescue operations to register with the Board of Animal Health
(BOAH). It establishes mandatory disclosures and warranties for a retail pet store selling dogs. It establishes
a random inspection program for commercial dog breeders, commercial dog brokers, and retail pet stores
beginning July 1, 2025. It voids local ordinances prohibiting the sale of dogs at retail pet stores.
Effective Date: July 1, 2024; July 1, 2025.
Explanation of State Expenditures: (Revised) Board of Animal Health (BOAH): The bill could increase
the workload and expenditures for the BOAH. It would require them to maintain a registry of retail pet stores
(in addition to the entities already registered) and make these registries available to the public. It would
authorize them to conduct inspections of commercial dog brokers and retail pet stores (they currently have
authority to inspect commercial dog breeder operations). Expenses for enforcing the bill’s provisions are to
be paid from the Commercial Dog Breeder and Broker Fund, and current law allows the BOAH to determine
when sufficient funds have been deposited to enforce the provisions.
Attorney General (AG): The bill provides that a violation of IC 15-21 by a retail pet store is a deceptive act.
Deceptive acts are actionable by either the AG or the consumer. This additional workload is within the AG’s
routine administrative functions and should be able to be implemented with no additional appropriations,
assuming near customary agency staffing and resource levels.
Indiana State Police: Workload for the Indiana State Police could minimally increase as the bill requires law
enforcement agencies to provide assistance, upon request, to the BOAH, the state veterinarian, a county
HB 1412 1 veterinarian, or an agent of the USDA when enforcing provisions for the various animal facilities addressed
in IC 15-21.
Additional Information: The BOAH reports the following number of entities currently registered: 192
commercial dog breeders, 6 commercial dog brokers, 113 animal rescues, 107 private animal shelters, and
32 public animal shelters. The number of retail pet stores in Indiana is not known.
Explanation of State Revenues: Commercial Dog Breeder and Broker Fund: The bill could increase
revenue to the Commercial Dog Breeder and Broker Fund from civil penalties for violations by retail pet
stores, animal care facilities, and animal rescue operations. Civil penalties are currently capped at $500
(knowing violation), $1,000 (intentional violation), or $5,000 (knowing or intentional violation of
injunction). The bill sets a civil penalty cap of $10,000 per day, plus prosecution costs.
Civil Cases for Deceptive Acts: The bill provides that a violation of the provisions in IC 15-21 by a retail pet
store is a deceptive act. Deceptive acts are actionable by either the AG or the consumer. Knowingly
committing a deceptive act is punishable with a civil penalty of $5,000 per violation. If additional civil cases
occur and court fees are collected, revenue to the state General Fund will increase. The total revenue per case
would range between $100 and $122. The amount deposited will vary depending on whether the case is filed
in a court of record or a municipal court. The following linked document describes the fees and distribution
of the revenue: Court fees imposed in civil, probate, and small claims cases.
Class A Misdemeanors: The bill makes it a Class A misdemeanor to knowingly or intentionally fail to
register as a retail pet store, animal care facility, or animal rescue operation or to commit false registration
(making a material misstatement in the registration statement). If additional court cases occur and fines are
collected, revenue to both the Common School Fund (from fines) and the state General Fund (from court
fees) would increase. The maximum fine for a Class A misdemeanor is $5,000. The total fee revenue per case
would range between $113 and $135. The amount of court fees deposited will vary depending on whether
the case is filed in a court of record or a municipal court. The following linked document describes the fees
and distribution of the revenue: Court fees imposed in criminal, juvenile, and civil violation cases.
Explanation of Local Expenditures: Local Ordinances: If any unit has an ordinance or regulation that
prohibits the sale of dogs by a retail pet store (providing the retail pet store acquires its dogs from certain
entities), the bill could increase the unit’s workload to address the ordinance or regulation.
Class A Misdemeanors: The bill makes it a Class A misdemeanor to knowingly or intentionally fail to
register as a retail pet store, animal care facility, or animal rescue operation or to commit false registration
(making a material misstatement in the registration statement). A Class A misdemeanor is punishable by up
to one year in jail.
Law Enforcement Agencies: Workload could minimally increase for local law enforcement agencies, as the
bill requires them to provide assistance, upon request, to the BOAH, the state veterinarian, a county
veterinarian, or an agent of the USDA when enforcing provisions for the various animal facilities addressed
in IC 15-21.
Explanation of Local Revenues: Civil Cases for Deceptive Acts: The bill provides that a violation of the
provisions in IC 15-21 by a retail pet store is a deceptive act. If additional cases occur, revenue will be
collected by certain local units. If the case is filed in a court of record, the county will receive $32 and
qualifying municipalities will receive a share of $3. If the case is filed in a municipal court, the county
HB 1412 2 receives $20, and the municipality will receive $37. The following linked document describes the fees and
distribution of the revenue: Court fees imposed in civil, probate, and small claims cases.
Class A Misdemeanors: The bill makes it a Class A misdemeanor to knowingly or intentionally fail to
register as a retail pet store, animal care facility, or animal rescue operation or to commit false registration
(making a material misstatement in the registration statement). If additional court actions occur and a guilty
verdict is entered, more revenue will be collected by certain local units. If the case is filed in a court of
record, the county general fund will receive $47.40 and qualifying municipalities will receive a share of
$3.60. If the case is filed in a municipal court, the county receives $30, and the municipality will receive $46.
The following linked document describes the fees and distribution of the revenue: Court fees imposed in
criminal, juvenile, and civil violation cases.
State Agencies Affected: Board of Animal Health; Attorney General; Indiana State Police.
Local Agencies Affected: Trial courts, city, and town courts; local law enforcement agencies.
Information Sources: Indiana Supreme Court, Indiana Trial Court Fee Manual;
https://www.in.gov/boah/forms/registration-of-animal-care-facilities/;
https://www.in.gov/boah/commercial-dog-breeder-and-broker/;
https://vet.purdue.edu/ccc/FAQs.php;
https://www.petsmart.com/pet-adoption/;
https://www.unclebills.com/locations-and-contact;
https://petcolove.org/adopt/adopt-at-petco/;
https://petlandmerrillville.com/.
Fiscal Analyst: Heather Puletz, 317-234-9484.
HB 1412 3