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: Feb 23, 2024
BILL NUMBER: HB 1412 BILL AMENDED: Feb 13, 2024
SUBJECT: Canine Standard of Care.
FIRST AUTHOR: Rep. Baird BILL STATUS: Enrolled
FIRST SPONSOR: Sen. Doriot
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: 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 the
BOAH 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.
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
HB 1412 1 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. It allows the BOAH to impose a civil penalty of
not more than $10,000 on a retail pet store, animal care facility, or animal rescue operation that knowingly
or intentionally fails to register with the BOAH or makes a material misstatement in a registration statement.
The bill could also increase revenues from civil penalties imposed on these additional entities for violations
of the provisions in IC 15-21. 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.
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.
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
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.
State Agencies Affected: Board of Animal Health; Attorney General.
Local Agencies Affected: Trial courts, city, and town courts.
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 2