Indiana 2024 Regular Session

Indiana House Bill HB1412 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	EH1412.1
	2	+	February 14, 2024
	3	+	ENGROSSED
	4	+	HOUSE BILL No. 1412
	5	+	_____
	6	+	DIGEST OF HB 1412 (Updated February 13, 2024 9:11 am - DI 150)
	7	+	Citations Affected: IC 15-17; IC 15-21; IC 24-5.
	8	+	Synopsis: Canine standard of care. Sets forth regulations concerning
	9	+	the retail sale of dogs. Requires retail pet stores, animal care facilities,
	10	+	animal rescue operations to register with the board of animal health.
	11	+	Establishes mandatory disclosures and warranties for a retail pet store
	12	+	selling dogs. Establishes a random inspection program for commercial
	13	+	dog breeders, commercial dog brokers, and retail pet stores beginning
	14	+	July 1, 2025. Voids local ordinances prohibiting the sale of dogs at
	15	+	retail pet stores.
	16	+	Effective: July 1, 2024; July 1, 2025.
	17	+	Baird, Aylesworth, Morris
	18	+	(SENATE SPONSORS — DORIOT, LEISING, BYRNE)
	19	+	January 11, 2024, read first time and referred to Committee on Agriculture and Rural
	20	+	Development.
	21	+	January 22, 2024, amended, reported — Do Pass.
	22	+	January 25, 2024, read second time, amended, ordered engrossed.
	23	+	January 26, 2024, engrossed.
	24	+	January 29, 2024, read third time, passed. Yeas 59, nays 36.
	25	+	SENATE ACTION
	26	+	February 5, 2024, read first time and referred to Committee on Agriculture.
	27	+	February 13, 2024, amended, reported favorably — Do Pass.
	28	+	EH 1412—LS 6515/DI 150 February 14, 2024
1	29		Second Regular Session of the 123rd General Assembly (2024)
2	30		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	31		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	32		additions will appear in this style type, and deletions will appear in this style type.
5	33		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	34		provision adopted), the text of the new provision will appear in this style type. Also, the
7	35		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	36		a new provision to the Indiana Code or the Indiana Constitution.
9	37		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	38		between statutes enacted by the 2023 Regular Session of the General Assembly.
11		-	HOUSE ENROLLED ACT No. 1412
12		-	AN ACT to amend the Indiana Code concerning agriculture and
13		-	animals.
	39	+	ENGROSSED
	40	+	HOUSE BILL No. 1412
	41	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	42	+	agriculture and animals.
14	43		Be it enacted by the General Assembly of the State of Indiana:
15		-	SECTION 1. IC 15-17-3-13, AS AMENDED BY P.L.41-2021,
16		-	SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17		-	JULY 1, 2024]: Sec. 13. In addition to the powers and duties given the
18		-	board in this article and by law, the board has the powers and duties
19		-	reasonable and necessary to do the following:
20		-	(1) Provide for the quarantine of animals and objects to prevent,
21		-	control, and eradicate diseases and pests of animals.
22		-	(2) Develop, adopt, and implement programs and procedures for
23		-	establishing and maintaining accredited, certified, validated, or
24		-	designated disease or pest free or disease or pest monitored
25		-	animals, herds, flocks, or areas, including the following:
26		-	(A) The establishment and maintenance of herds that are
27		-	monitored for disease or pest syndromes.
28		-	(B) The establishment and maintenance of certified or
29		-	validated brucellosis free herds, animals, and areas.
30		-	(C) The establishment and maintenance of accredited
31		-	tuberculosis free herds, animals, and areas.
32		-	(3) Develop, adopt, and implement programs and plans for the
33		-	prevention, detection, control, and eradication of diseases and
34		-	pests of animals.
35		-	(4) Control or prohibit, by permit or other means, the movement
36		-	HEA 1412 — Concur 2
37		-	and transportation into, out of, or within Indiana of animals and
38		-	objects in order to prevent, detect, control, or eradicate diseases
39		-	and pests of animals. When implementing controls or
40		-	prohibitions, the board may consider whether animals or objects
41		-	are diseased, suspected to be diseased, or under quarantine, or
42		-	whether the animals or objects originated from a country, a state,
43		-	an area, or a premises that is known or suspected to harbor
44		-	animals or objects infected with or exposed to a disease or pest of
45		-	animals.
46		-	(5) Control or prohibit the public and private sale of animals and
47		-	objects in order to prevent the spread of disease and pests of
48		-	animals.
49		-	(6) Control the use, sanitation, and disinfection of:
50		-	(A) public stockyards; and
51		-	(B) vehicles used to transport animals and objects into and
52		-	within Indiana;
53		-	to accomplish the objectives of this article.
54		-	(7) Control the use, sanitation, and disinfection of premises,
55		-	facilities, and equipment to accomplish the objectives of this
56		-	article.
57		-	(8) Control the movement of animals and objects to, from, and
58		-	within premises where diseases or pests of animals may exist.
59		-	(9) Control the movement and disposal of carcasses of animals
60		-	and objects.
61		-	(10) Control the manufacture, sale, storage, distribution, handling,
62		-	and use of serums, vaccines, and other biologics and veterinary
63		-	drugs, except those drugs for human consumption regulated under
64		-	IC 16-42-19, to be used for the prevention, detection, control, and
65		-	eradication of disease and pests of animals.
66		-	(11) Control and prescribe the means, methods, and procedures
67		-	for the vaccination or other treatment of animals and objects and
68		-	the conduct of tests for diseases and pests of animals.
69		-	(12) Develop, adopt, and implement plans and programs for the
70		-	identification of animals, objects, premises, and means of
71		-	conveyances. Plans and programs may include identification:
72		-	(A) of animals or objects that have been condemned under this
73		-	article; and
74		-	(B) related to classification as to disease, testing, vaccination,
75		-	or treatment status.
76		-	(13) Establish the terms and method of appraisal or other
77		-	determination of value of animals and objects condemned under
78		-	this article, the payment of any indemnities that may be provided
79		-	HEA 1412 — Concur 3
80		-	for the animals and objects, and the regulation of the sale or other
81		-	disposition of the animals or objects.
82		-	(14) Control the sale of baby chicks.
83		-	(15) Cooperate and enter into agreements with the appropriate
84		-	departments and agencies of this state, any other state, or the
85		-	federal government to prevent, detect, control, and eradicate
86		-	diseases and pests of animals.
87		-	(16) Control or prohibit the movement and transportation into, out
88		-	of, or within Indiana of wild animals, including birds, that might
89		-	carry or disseminate diseases or pests of animals.
90		-	(17) Provide for condemning or abating conditions that cause,
91		-	aggravate, spread, or harbor diseases or pests of animals.
92		-	(18) Establish and designate, in addition to the animal disease
93		-	diagnostic laboratory under IC 21-46-3-1, other laboratories
94		-	necessary to make tests of any nature for diseases and pests of
95		-	animals.
96		-	(19) Investigate, develop, and implement the best methods for the
97		-	prevention, detection, control, suppression, or eradication of
98		-	diseases and pests of animals.
99		-	(20) Investigate, gather, and compile information concerning the
100		-	organization, business conduct, practices, and management of any
101		-	registrant, licensee, permittee, applicant for a license, or applicant
102		-	for a permit.
103		-	(21) Investigate allegations of unregistered, unlicensed, and
104		-	unpermitted activities.
105		-	(22) Institute legal action in the name of the state of Indiana
106		-	necessary to enforce:
107		-	(A) the board's orders and rules; and
108		-	(B) this article.
109		-	(23) Control the collection, transportation, and cooking of garbage
110		-	to be fed to swine or other animals and all matters of sanitation
111		-	relating to the collection, transportation, and cooking of garbage
112		-	affecting the health of swine or other animals and affecting public
113		-	health and comfort.
114		-	(24) Adopt an appropriate seal.
115		-	(25) Issue orders as an aid to enforcement of the powers granted
116		-	by this article, IC 15-18-1, and IC 15-19-6.
117		-	(26) Control disposal plants and byproducts collection services
118		-	and all matters connected to disposal plants and byproducts
119		-	collection services.
120		-	(27) Abate biological or chemical substances that:
121		-	(A) remain in or on any animal before or at the time of
122		-	HEA 1412 — Concur 4
123		-	slaughter as a result of treatment or exposure; and
124		-	(B) are found by the board to be or have the potential of being
125		-	injurious to the health of animals or humans.
126		-	(28) Regulate the production, manufacture, processing, and
127		-	distribution of products derived from animals to control health
128		-	hazards that may threaten:
129		-	(A) animal health;
130		-	(B) the public health and welfare of the citizens of Indiana;
131		-	and
132		-	(C) the trade in animals and animal products in and from
133		-	Indiana.
134		-	(29) Cooperate and coordinate with animal owners, law
135		-	enforcement, and local, state, and federal emergency management
136		-	agencies to plan for, prepare for, respond to, and recover from all
137		-	hazard emergencies in Indiana.
138		-	(30) Assist law enforcement agencies investigating allegations of
139		-	cruelty and neglect of animals.
140		-	(31) Assist organizations that represent livestock and poultry
141		-	producers with issues and programs related to the care of
142		-	livestock and poultry.
143		-	(32) Establish a registry of commercial dog brokers, and
144		-	commercial dog breeders, and retail pet stores in Indiana. The
145		-	board shall make a registry described in this subdivision
146		-	available to the public.
147		-	(33) Establish a registry of animal care facilities (as defined in
148		-	IC 15-20-4-1) and animal rescue operations.
149		-	(34) Conduct inspections of the following entities:
150		-	(A) Commercial dog breeders.
151		-	(B) Commercial dog brokers.
152		-	(C) Retail pet stores.
153		-	SECTION 2. IC 15-21-1-1 IS REPEALED [EFFECTIVE JULY 1,
154		-	2024]. Sec. 1. (a) This article does not apply to:
155		-	(1) an animal shelter;
156		-	(2) a humane society;
157		-	(3) an animal rescue operation;
158		-	(4) a hobby breeder;
159		-	(5) a person who breeds at least seventy-five percent (75%) of the
160		-	person's dogs as sport dogs for hunting purposes; or
161		-	(6) a person who breeds at least seventy-five percent (75%) of the
162		-	person's dogs as service dogs or as dogs for use by the police or
163		-	the armed forces.
164		-	(b) As used in this section, "animal rescue operation" means a
165		-	HEA 1412 — Concur 5
166		-	person or organization:
167		-	(1) that accepts within one (1) year:
168		-	(A) more than twelve (12) dogs; or
169		-	(B) more than nine (9) dogs and more than three (3) unweaned
170		-	litters of puppies;
171		-	that are available for adoption for human companionship as pets
172		-	or as companion animals in permanent adoptive homes and that
173		-	are maintained in a private residential dwelling; or
174		-	(2) that uses a system of private residential dwellings as foster
175		-	homes for the dogs.
176		-	The term does not include a person or organization that breeds dogs.
177		-	(c) As used in this section, "hobby breeder" means a person who
178		-	maintains fewer than twenty (20) unaltered female dogs that are at least
179		-	twelve (12) months of age.
180		-	SECTION 3. IC 15-21-1-1.5 IS ADDED TO THE INDIANA CODE
181		-	AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
182		-	1, 2024]: Sec. 1.5. This article does not apply to a:
183		-	(1) hobby breeder;
184		-	(2) person who breeds at least seventy-five percent (75%) of
185		-	the person's dogs as sport dogs for hunting purposes; or
186		-	(3) person who breeds at least seventy-five percent (75%) of
187		-	the person's dogs as service dogs or as dogs for use by the
188		-	police or the armed forces.
189		-	SECTION 4. IC 15-21-1-2, AS ADDED BY P.L.111-2009,
190		-	SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
191		-	JULY 1, 2024]: Sec. 2. The definitions in sections 3 through 7 of this
192		-	chapter apply throughout this article.
193		-	SECTION 5. IC 15-21-1-2.3 IS ADDED TO THE INDIANA CODE
194		-	AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
195		-	1, 2024]: Sec. 2.3. "Animal care facility" has the meaning set forth
196		-	in IC 6-9-39-1.
197		-	SECTION 6. IC 15-21-1-2.5 IS ADDED TO THE INDIANA CODE
198		-	AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
199		-	1, 2024]: Sec. 2.5. "Animal rescue operation" means a person or
200		-	organization that:
201		-	(1) accepts during one (1) year:
202		-	(A) more than twelve (12) dogs; or
203		-	(B) more than:
204		-	(i) nine (9) dogs; and
205		-	(ii) three (3) unweaned litters of puppies;
206		-	that are available for adoption as pets or as companion
207		-	animals in permanent adoptive homes and that are
208		-	HEA 1412 — Concur 6
209		-	maintained in a private residential dwelling; or
210		-	(2) uses a system of private residential dwellings as foster
211		-	homes for dogs.
212		-	The term does not include a person or organization that breeds
213		-	dogs.
214		-	SECTION 7. IC 15-21-1-3.5 IS ADDED TO THE INDIANA CODE
215		-	AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
216		-	1, 2024]: Sec. 3.5. "Canine care certified program" refers to the
217		-	certificate program administered by Purdue University that
218		-	establishes standards for canine:
219		-	(1) nutrition;
220		-	(2) veterinary care;
221		-	(3) housing;
222		-	(4) handling; and
223		-	(5) exercise.
224		-	SECTION 8. IC 15-21-1-4, AS ADDED BY P.L.111-2009,
225		-	SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
226		-	JULY 1, 2024]: Sec. 4. "Commercial dog breeder" means a person
227		-	who:
228		-	(1) maintains more than twenty (20) nineteen (19) unaltered
229		-	female dogs that are at least twelve (12) months of age; and
230		-	(2) engages in the sale of dogs, resulting from the breeding of
231		-	dogs, to:
232		-	(A) a dog broker;
233		-	(B) a pet store; or
234		-	(C) the general public.
235		-	SECTION 9. IC 15-21-1-5, AS ADDED BY P.L.111-2009,
236		-	SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
237		-	JULY 1, 2024]: Sec. 5. "Commercial dog broker" means a person:
238		-	(1) who is a Class "B" licensee under 9 CFR 1.1; and or
239		-	(2) who sells at least five hundred (500) dogs in a calendar year.
240		-	SECTION 10. IC 15-21-1-5.3 IS ADDED TO THE INDIANA
	44	+	1 SECTION 1. IC 15-17-3-13, AS AMENDED BY P.L.41-2021,
	45	+	2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	46	+	3 JULY 1, 2024]: Sec. 13. In addition to the powers and duties given the
	47	+	4 board in this article and by law, the board has the powers and duties
	48	+	5 reasonable and necessary to do the following:
	49	+	6 (1) Provide for the quarantine of animals and objects to prevent,
	50	+	7 control, and eradicate diseases and pests of animals.
	51	+	8 (2) Develop, adopt, and implement programs and procedures for
	52	+	9 establishing and maintaining accredited, certified, validated, or
	53	+	10 designated disease or pest free or disease or pest monitored
	54	+	11 animals, herds, flocks, or areas, including the following:
	55	+	12 (A) The establishment and maintenance of herds that are
	56	+	13 monitored for disease or pest syndromes.
	57	+	14 (B) The establishment and maintenance of certified or
	58	+	15 validated brucellosis free herds, animals, and areas.
	59	+	16 (C) The establishment and maintenance of accredited
	60	+	17 tuberculosis free herds, animals, and areas.
	61	+	EH 1412—LS 6515/DI 150 2
	62	+	1 (3) Develop, adopt, and implement programs and plans for the
	63	+	2 prevention, detection, control, and eradication of diseases and
	64	+	3 pests of animals.
	65	+	4 (4) Control or prohibit, by permit or other means, the movement
	66	+	5 and transportation into, out of, or within Indiana of animals and
	67	+	6 objects in order to prevent, detect, control, or eradicate diseases
	68	+	7 and pests of animals. When implementing controls or
	69	+	8 prohibitions, the board may consider whether animals or objects
	70	+	9 are diseased, suspected to be diseased, or under quarantine, or
	71	+	10 whether the animals or objects originated from a country, a state,
	72	+	11 an area, or a premises that is known or suspected to harbor
	73	+	12 animals or objects infected with or exposed to a disease or pest of
	74	+	13 animals.
	75	+	14 (5) Control or prohibit the public and private sale of animals and
	76	+	15 objects in order to prevent the spread of disease and pests of
	77	+	16 animals.
	78	+	17 (6) Control the use, sanitation, and disinfection of:
	79	+	18 (A) public stockyards; and
	80	+	19 (B) vehicles used to transport animals and objects into and
	81	+	20 within Indiana;
	82	+	21 to accomplish the objectives of this article.
	83	+	22 (7) Control the use, sanitation, and disinfection of premises,
	84	+	23 facilities, and equipment to accomplish the objectives of this
	85	+	24 article.
	86	+	25 (8) Control the movement of animals and objects to, from, and
	87	+	26 within premises where diseases or pests of animals may exist.
	88	+	27 (9) Control the movement and disposal of carcasses of animals
	89	+	28 and objects.
	90	+	29 (10) Control the manufacture, sale, storage, distribution, handling,
	91	+	30 and use of serums, vaccines, and other biologics and veterinary
	92	+	31 drugs, except those drugs for human consumption regulated under
	93	+	32 IC 16-42-19, to be used for the prevention, detection, control, and
	94	+	33 eradication of disease and pests of animals.
	95	+	34 (11) Control and prescribe the means, methods, and procedures
	96	+	35 for the vaccination or other treatment of animals and objects and
	97	+	36 the conduct of tests for diseases and pests of animals.
	98	+	37 (12) Develop, adopt, and implement plans and programs for the
	99	+	38 identification of animals, objects, premises, and means of
	100	+	39 conveyances. Plans and programs may include identification:
	101	+	40 (A) of animals or objects that have been condemned under this
	102	+	41 article; and
	103	+	42 (B) related to classification as to disease, testing, vaccination,
	104	+	EH 1412—LS 6515/DI 150 3
	105	+	1 or treatment status.
	106	+	2 (13) Establish the terms and method of appraisal or other
	107	+	3 determination of value of animals and objects condemned under
	108	+	4 this article, the payment of any indemnities that may be provided
	109	+	5 for the animals and objects, and the regulation of the sale or other
	110	+	6 disposition of the animals or objects.
	111	+	7 (14) Control the sale of baby chicks.
	112	+	8 (15) Cooperate and enter into agreements with the appropriate
	113	+	9 departments and agencies of this state, any other state, or the
	114	+	10 federal government to prevent, detect, control, and eradicate
	115	+	11 diseases and pests of animals.
	116	+	12 (16) Control or prohibit the movement and transportation into, out
	117	+	13 of, or within Indiana of wild animals, including birds, that might
	118	+	14 carry or disseminate diseases or pests of animals.
	119	+	15 (17) Provide for condemning or abating conditions that cause,
	120	+	16 aggravate, spread, or harbor diseases or pests of animals.
	121	+	17 (18) Establish and designate, in addition to the animal disease
	122	+	18 diagnostic laboratory under IC 21-46-3-1, other laboratories
	123	+	19 necessary to make tests of any nature for diseases and pests of
	124	+	20 animals.
	125	+	21 (19) Investigate, develop, and implement the best methods for the
	126	+	22 prevention, detection, control, suppression, or eradication of
	127	+	23 diseases and pests of animals.
	128	+	24 (20) Investigate, gather, and compile information concerning the
	129	+	25 organization, business conduct, practices, and management of any
	130	+	26 registrant, licensee, permittee, applicant for a license, or applicant
	131	+	27 for a permit.
	132	+	28 (21) Investigate allegations of unregistered, unlicensed, and
	133	+	29 unpermitted activities.
	134	+	30 (22) Institute legal action in the name of the state of Indiana
	135	+	31 necessary to enforce:
	136	+	32 (A) the board's orders and rules; and
	137	+	33 (B) this article.
	138	+	34 (23) Control the collection, transportation, and cooking of garbage
	139	+	35 to be fed to swine or other animals and all matters of sanitation
	140	+	36 relating to the collection, transportation, and cooking of garbage
	141	+	37 affecting the health of swine or other animals and affecting public
	142	+	38 health and comfort.
	143	+	39 (24) Adopt an appropriate seal.
	144	+	40 (25) Issue orders as an aid to enforcement of the powers granted
	145	+	41 by this article, IC 15-18-1, and IC 15-19-6.
	146	+	42 (26) Control disposal plants and byproducts collection services
	147	+	EH 1412—LS 6515/DI 150 4
	148	+	1 and all matters connected to disposal plants and byproducts
	149	+	2 collection services.
	150	+	3 (27) Abate biological or chemical substances that:
	151	+	4 (A) remain in or on any animal before or at the time of
	152	+	5 slaughter as a result of treatment or exposure; and
	153	+	6 (B) are found by the board to be or have the potential of being
	154	+	7 injurious to the health of animals or humans.
	155	+	8 (28) Regulate the production, manufacture, processing, and
	156	+	9 distribution of products derived from animals to control health
	157	+	10 hazards that may threaten:
	158	+	11 (A) animal health;
	159	+	12 (B) the public health and welfare of the citizens of Indiana;
	160	+	13 and
	161	+	14 (C) the trade in animals and animal products in and from
	162	+	15 Indiana.
	163	+	16 (29) Cooperate and coordinate with animal owners, law
	164	+	17 enforcement, and local, state, and federal emergency management
	165	+	18 agencies to plan for, prepare for, respond to, and recover from all
	166	+	19 hazard emergencies in Indiana.
	167	+	20 (30) Assist law enforcement agencies investigating allegations of
	168	+	21 cruelty and neglect of animals.
	169	+	22 (31) Assist organizations that represent livestock and poultry
	170	+	23 producers with issues and programs related to the care of
	171	+	24 livestock and poultry.
	172	+	25 (32) Establish a registry of commercial dog brokers, and
	173	+	26 commercial dog breeders, and retail pet stores in Indiana. The
	174	+	27 board shall make a registry described in this subdivision
	175	+	28 available to the public.
	176	+	29 (33) Establish a registry of animal care facilities (as defined in
	177	+	30 IC 15-20-4-1) and animal rescue operations.
	178	+	31 (34) Conduct inspections of the following entities:
	179	+	32 (A) Commercial dog breeders.
	180	+	33 (B) Commercial dog brokers.
	181	+	34 (C) Retail pet stores.
	182	+	35 SECTION 2. IC 15-21-1-1 IS REPEALED [EFFECTIVE JULY 1,
	183	+	36 2024]. Sec. 1. (a) This article does not apply to:
	184	+	37 (1) an animal shelter;
	185	+	38 (2) a humane society;
	186	+	39 (3) an animal rescue operation;
	187	+	40 (4) a hobby breeder;
	188	+	41 (5) a person who breeds at least seventy-five percent (75%) of the
	189	+	42 person's dogs as sport dogs for hunting purposes; or
	190	+	EH 1412—LS 6515/DI 150 5
	191	+	1 (6) a person who breeds at least seventy-five percent (75%) of the
	192	+	2 person's dogs as service dogs or as dogs for use by the police or
	193	+	3 the armed forces.
	194	+	4 (b) As used in this section, "animal rescue operation" means a
	195	+	5 person or organization:
	196	+	6 (1) that accepts within one (1) year:
	197	+	7 (A) more than twelve (12) dogs; or
	198	+	8 (B) more than nine (9) dogs and more than three (3) unweaned
	199	+	9 litters of puppies;
	200	+	10 that are available for adoption for human companionship as pets
	201	+	11 or as companion animals in permanent adoptive homes and that
	202	+	12 are maintained in a private residential dwelling; or
	203	+	13 (2) that uses a system of private residential dwellings as foster
	204	+	14 homes for the dogs.
	205	+	15 The term does not include a person or organization that breeds dogs.
	206	+	16 (c) As used in this section, "hobby breeder" means a person who
	207	+	17 maintains fewer than twenty (20) unaltered female dogs that are at least
	208	+	18 twelve (12) months of age.
	209	+	19 SECTION 3. IC 15-21-1-1.5 IS ADDED TO THE INDIANA CODE
	210	+	20 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
	211	+	21 1, 2024]: Sec. 1.5. This article does not apply to a:
	212	+	22 (1) hobby breeder;
	213	+	23 (2) person who breeds at least seventy-five percent (75%) of
	214	+	24 the person's dogs as sport dogs for hunting purposes; or
	215	+	25 (3) person who breeds at least seventy-five percent (75%) of
	216	+	26 the person's dogs as service dogs or as dogs for use by the
	217	+	27 police or the armed forces.
	218	+	28 SECTION 4. IC 15-21-1-2, AS ADDED BY P.L.111-2009,
	219	+	29 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	220	+	30 JULY 1, 2024]: Sec. 2. The definitions in sections 3 through 7 of this
	221	+	31 chapter apply throughout this article.
	222	+	32 SECTION 5. IC 15-21-1-2.3 IS ADDED TO THE INDIANA CODE
	223	+	33 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
	224	+	34 1, 2024]: Sec. 2.3. "Animal care facility" has the meaning set forth
	225	+	35 in IC 6-9-39-1.
	226	+	36 SECTION 6. IC 15-21-1-2.5 IS ADDED TO THE INDIANA CODE
	227	+	37 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
	228	+	38 1, 2024]: Sec. 2.5. "Animal rescue operation" means a person or
	229	+	39 organization that:
	230	+	40 (1) accepts during one (1) year:
	231	+	41 (A) more than twelve (12) dogs; or
	232	+	42 (B) more than:
	233	+	EH 1412—LS 6515/DI 150 6
	234	+	1 (i) nine (9) dogs; and
	235	+	2 (ii) three (3) unweaned litters of puppies;
	236	+	3 that are available for adoption as pets or as companion
	237	+	4 animals in permanent adoptive homes and that are
	238	+	5 maintained in a private residential dwelling; or
	239	+	6 (2) uses a system of private residential dwellings as foster
	240	+	7 homes for dogs.
	241	+	8 The term does not include a person or organization that breeds
	242	+	9 dogs.
	243	+	10 SECTION 7. IC 15-21-1-3.5 IS ADDED TO THE INDIANA CODE
	244	+	11 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
	245	+	12 1, 2024]: Sec. 3.5. "Canine care certified program" refers to the
	246	+	13 certificate program administered by Purdue University that
	247	+	14 establishes standards for canine:
	248	+	15 (1) nutrition;
	249	+	16 (2) veterinary care;
	250	+	17 (3) housing;
	251	+	18 (4) handling; and
	252	+	19 (5) exercise.
	253	+	20 SECTION 8. IC 15-21-1-4, AS ADDED BY P.L.111-2009,
	254	+	21 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	255	+	22 JULY 1, 2024]: Sec. 4. "Commercial dog breeder" means a person
	256	+	23 who:
	257	+	24 (1) maintains more than twenty (20) nineteen (19) unaltered
	258	+	25 female dogs that are at least twelve (12) months of age; and
	259	+	26 (2) engages in the sale of dogs, resulting from the breeding of
	260	+	27 dogs, to:
	261	+	28 (A) a dog broker;
	262	+	29 (B) a pet store; or
	263	+	30 (C) the general public.
	264	+	31 SECTION 9. IC 15-21-1-5, AS ADDED BY P.L.111-2009,
	265	+	32 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	266	+	33 JULY 1, 2024]: Sec. 5. "Commercial dog broker" means a person:
	267	+	34 (1) who is a Class "B" licensee under 9 CFR 1.1; and or
	268	+	35 (2) who sells at least five hundred (500) dogs in a calendar year.
	269	+	36 SECTION 10. IC 15-21-1-5.3 IS ADDED TO THE INDIANA
	270	+	37 CODE AS A NEW SECTION TO READ AS FOLLOWS
	271	+	38 [EFFECTIVE JULY 1, 2024]: Sec. 5.3. "Hobby breeder" means a
	272	+	39 person who maintains fewer than twenty (20) unaltered female
	273	+	40 dogs that are at least twelve (12) months of age.
	274	+	41 SECTION 11. IC 15-21-1-6.5 IS ADDED TO THE INDIANA
	275	+	42 CODE AS A NEW SECTION TO READ AS FOLLOWS
	276	+	EH 1412—LS 6515/DI 150 7
	277	+	1 [EFFECTIVE JULY 1, 2024]: Sec. 6.5. (a) "Retail pet store" means
	278	+	2 a commercial enterprise that sells dogs from a place of business at
	279	+	3 which the seller, buyer, and dog are physically present so the buyer
	280	+	4 may observe the dog before purchasing or taking custody of that
	281	+	5 dog after purchase.
	282	+	6 (b) The term excludes the following:
	283	+	7 (1) Commercial dog breeders registered under IC 15-21-3-1.
	284	+	8 (2) Hobby breeders.
	285	+	9 (3) Persons who breed at least seventy-five percent (75%) of
	286	+	10 the person's dogs as sport dogs for hunting purposes.
	287	+	11 (4) Persons who breed at least seventy-five percent (75%) of
	288	+	12 the person's dogs as service dogs or as dogs for use by the
	289	+	13 police or the armed forces.
	290	+	14 SECTION 12. IC 15-21-1-6.7 IS ADDED TO THE INDIANA
	291	+	15 CODE AS A NEW SECTION TO READ AS FOLLOWS
	292	+	16 [EFFECTIVE JULY 1, 2024]: Sec. 6.7. "Unit" refers to a county,
	293	+	17 municipality, or township.
	294	+	18 SECTION 13. IC 15-21-2-1, AS ADDED BY P.L.111-2009,
	295	+	19 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	296	+	20 JULY 1, 2024]: Sec. 1. A person may not operate:
	297	+	21 (1) a commercial dog breeder operation; or
	298	+	22 (2) as a commercial dog broker;
	299	+	23 (3) a retail pet store;
	300	+	24 (4) an animal care facility; or
	301	+	25 (5) an animal rescue operation;
	302	+	26 without being registered with the board in accordance with this chapter.
	303	+	27 IC 15-21-3.
	304	+	28 SECTION 14. IC 15-21-2-2.5 IS ADDED TO THE INDIANA
	305	+	29 CODE AS A NEW SECTION TO READ AS FOLLOWS
	306	+	30 [EFFECTIVE JULY 1, 2024]: Sec. 2.5. The following entities that
	307	+	31 are registered under IC 15-21-3 shall post notice of the entity's
	308	+	32 registration with the board in a prominent place visible to the
	309	+	33 public:
	310	+	34 (1) A retail pet store.
	311	+	35 (2) An animal care facility.
	312	+	36 (3) An animal rescue operation.
	313	+	37 SECTION 15. IC 15-21-2-3, AS ADDED BY P.L.111-2009,
	314	+	38 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	315	+	39 JULY 1, 2024]: Sec. 3. (a) A commercial dog breeder who knowingly
	316	+	40 or intentionally fails to register with the board as a commercial dog
	317	+	41 breeder commits a Class A misdemeanor.
	318	+	42 (b) A commercial dog broker who knowingly or intentionally fails
	319	+	EH 1412—LS 6515/DI 150 8
	320	+	1 to register with the board as a commercial dog broker commits a Class
	321	+	2 A misdemeanor.
	322	+	3 (c) The board may impose a civil penalty of not more than ten
	323	+	4 thousand dollars ($10,000) on a retail pet store operator that
	324	+	5 knowingly or intentionally fails to register with the board as a
	325	+	6 retail pet store.
	326	+	7 (d) The board may impose a civil penalty of not more than ten
	327	+	8 thousand dollars ($10,000) on the operator of:
	328	+	9 (1) an animal care facility; or
	329	+	10 (2) an animal rescue operation;
	330	+	11 that knowingly or intentionally fails to register with the board.
	331	+	12 (c) (e) A commercial dog breeder or a commercial dog broker who
	332	+	13 fails to register with the board is liable to the state for two (2) times the
	333	+	14 amount of registration fees that the commercial dog breeder or
	334	+	15 commercial dog broker failed to pay. The attorney general may bring
	335	+	16 an action to collect unpaid commercial dog breeder or commercial dog
	336	+	17 broker registration fees. Funds collected under this subsection shall be
	337	+	18 deposited in the commercial dog breeder and broker fund established
	338	+	19 by IC 15-21-3-3.
	339	+	20 (f) If any of the following entities fail to register with the board,
	340	+	21 the entity may not operate in Indiana until the entity registers with
	341	+	22 the board:
	342	+	23 (1) Commercial dog breeder.
	343	+	24 (2) Commercial dog broker.
	344	+	25 (3) Retail pet store.
	345	+	26 (4) Animal care facility.
	346	+	27 (5) Animal rescue operation.
	347	+	28 SECTION 16. IC 15-21-3-2.3 IS ADDED TO THE INDIANA
	348	+	29 CODE AS A NEW SECTION TO READ AS FOLLOWS
	349	+	30 [EFFECTIVE JULY 1, 2024]: Sec. 2.3. (a) A retail pet store shall file
	350	+	31 an initial registration with the board in a form prescribed by the
	351	+	32 board.
	352	+	33 (b) After the initial registration under subsection (a), a retail pet
	353	+	34 store shall register annually with the board in a manner prescribed
	354	+	35 by the board.
	355	+	36 (c) The board shall provide for notice of the upcoming
	356	+	37 expiration of registration to each registrant at least thirty (30) days
	357	+	38 before the expiration of the registration.
	358	+	39 (d) A retail pet store that fails to renew its registration will
	359	+	40 receive a warning on a form prescribed by the board indicating
	360	+	41 that it has thirty (30) days to renew its registration or the retail pet
	361	+	42 store can no longer operate.
	362	+	EH 1412—LS 6515/DI 150 9
	363	+	1 (e) A person that registers or renews a registration as a retail
	364	+	2 pet store must include the following in the registration or renewal
	365	+	3 application:
	366	+	4 (1) The name and address of the person's retail pet store.
	367	+	5 (2) The name and address of the person operating the retail
	368	+	6 pet store.
	369	+	7 (3) Any other information related to taxation that is required
	370	+	8 by the board.
	371	+	9 (f) An entity that owns and operates more than one (1) retail pet
	372	+	10 store shall register all of the retail pet stores owned and operated
	373	+	11 by the entity in Indiana.
	374	+	12 (g) The board may impose a civil penalty of not more than ten
	375	+	13 thousand dollars ($10,000) on a person that knowingly or
	376	+	14 intentionally makes a material misstatement in a retail pet store
	377	+	15 registration statement.
	378	+	16 SECTION 17. IC 15-21-3-2.5 IS ADDED TO THE INDIANA
	379	+	17 CODE AS A NEW SECTION TO READ AS FOLLOWS
	380	+	18 [EFFECTIVE JULY 1, 2024]: Sec. 2.5. (a) An animal care facility
	381	+	19 and an animal rescue operation shall file an initial registration with
	382	+	20 the board in a form prescribed by the board.
	383	+	21 (b) After the initial registration under subsection (a):
	384	+	22 (1) an animal care facility; and
	385	+	23 (2) an animal rescue operation;
	386	+	24 shall register annually with the board in a manner prescribed by
	387	+	25 the board.
	388	+	26 (c) The board shall provide for notice of the upcoming
	389	+	27 expiration of registration to each registrant at least thirty (30) days
	390	+	28 before the expiration of the registration.
	391	+	29 (d) An animal care facility or animal rescue operation that fails
	392	+	30 to renew its registration will receive a warning on a form
	393	+	31 prescribed by the board indicating that it has thirty (30) days to
	394	+	32 renew its registration or the entity can no longer operate.
	395	+	33 (e) A person that registers or renews a registration as an animal
	396	+	34 care facility or animal rescue operation must include the following
	397	+	35 in the registration or renewal application:
	398	+	36 (1) The name and address of the person's animal care facility
	399	+	37 or animal rescue operation.
	400	+	38 (2) The name and address of the person operating the animal
	401	+	39 care facility or animal rescue operation.
	402	+	40 (3) Any other information related to taxation that is required
	403	+	41 by the board.
	404	+	42 (f) The board may impose a civil penalty of not more than ten
	405	+	EH 1412—LS 6515/DI 150 10
	406	+	1 thousand dollars ($10,000) on a person that knowingly or
	407	+	2 intentionally makes a material misstatement in an animal care
	408	+	3 facility or animal rescue operation registration statement.
	409	+	4 SECTION 18. IC 15-21-3-3, AS ADDED BY P.L.111-2009,
	410	+	5 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	411	+	6 JULY 1, 2024]: Sec. 3. (a) The commercial dog breeder and broker
	412	+	7 fund is established for the purpose of funding:
	413	+	8 (1) the inspection of commercial dog breeding operations by the
	414	+	9 board; and
	415	+	10 (2) the inspection of retail pet stores by the board; and
	416	+	11 (2) (3) the enforcement by the board of laws concerning
	417	+	12 commercial dog breeders and commercial dog brokers.
	418	+	13 The fund shall be administered by the board.
	419	+	14 (b) The fund consists of:
	420	+	15 (1) commercial dog breeder and commercial dog broker fees; and
	421	+	16 (2) civil penalties deposited by the board into the fund for
	422	+	17 violations of this article.
	423	+	18 (c) The expenses of administering the fund shall be paid from
	424	+	19 money in the fund.
	425	+	20 (d) The treasurer of state shall invest the money in the fund not
	426	+	21 currently needed to meet the obligations of the fund in the same
	427	+	22 manner as other public money may be invested. Interest that accrues
	428	+	23 from these investments shall be deposited in the fund.
	429	+	24 (e) Money in the fund at the end of a state fiscal year does not revert
	430	+	25 to the state general fund.
	431	+	26 (f) Money in the fund is continually appropriated to carry out the
	432	+	27 purposes of the fund.
	433	+	28 (g) The board may adopt rules under IC 4-22-2 to implement this
	434	+	29 chapter.
	435	+	30 SECTION 19. IC 15-21-5-3 IS ADDED TO THE INDIANA CODE
	436	+	31 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
	437	+	32 1, 2024]: Sec. 3. A retail pet store may not sell a dog to a person
	438	+	33 who is less than eighteen (18) years of age.
	439	+	34 SECTION 20. IC 15-21-5-4 IS ADDED TO THE INDIANA CODE
	440	+	35 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
	441	+	36 1, 2024]: Sec. 4. A retail pet store operator must:
	442	+	37 (1) microchip each dog before the sale of the dog; and
	443	+	38 (2) provide each purchaser with the necessary information to
	444	+	39 register a microchip placed in a dog with a searchable data
	445	+	40 base.
	446	+	41 SECTION 21. IC 15-21-5-4.4 IS ADDED TO THE INDIANA
	447	+	42 CODE AS A NEW SECTION TO READ AS FOLLOWS
	448	+	EH 1412—LS 6515/DI 150 11
	449	+	1 [EFFECTIVE JULY 1, 2024]: Sec. 4.4. A retail pet store operator
	450	+	2 shall require a consumer to commit to spaying or neutering a dog
	451	+	3 within a reasonable time frame, as specified by a licensed
	452	+	4 veterinarian.
	453	+	5 SECTION 22. IC 15-21-5-5 IS ADDED TO THE INDIANA CODE
	454	+	6 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
	455	+	7 1, 2024]: Sec. 5. Before the sale of a dog, a retail pet store operator
	456	+	8 must, to the best of the operator's knowledge, provide to the
	457	+	9 consumer the following information on the dog being offered for
	458	+	10 sale:
	459	+	11 (1) The retail price of the dog, including any additional fees or
	460	+	12 charges.
	461	+	13 (2) The dog's breed or breeds, if known.
	462	+	14 (3) The dog's age and date of birth, if known.
	463	+	15 (4) The dog's sex and color.
	464	+	16 (5) The date and description of any inoculation or medical
	465	+	17 treatment that the dog received while in the possession of the:
	466	+	18 (A) retail pet store;
	467	+	19 (B) commercial dog breeder;
	468	+	20 (C) commercial dog broker;
	469	+	21 (D) humane society;
	470	+	22 (E) animal rescue operation; or
	471	+	23 (F) animal shelter.
	472	+	24 (6) If the dog was supplied by a commercial dog breeder or
	473	+	25 commercial dog broker, the name and address of the
	474	+	26 commercial dog breeder or commercial dog broker.
	475	+	27 (7) If eligible for registration with a pedigree registry, the
	476	+	28 name and registration numbers of the sire and dam and the
	477	+	29 address of the pedigree registry where the sire and dam are
	478	+	30 registered.
	479	+	31 (8) A copy of the retail pet store's policy regarding
	480	+	32 warranties, refunds, or returns.
	481	+	33 (9) An explanation of the remedy under section 6 of this
	482	+	34 chapter, in addition to any other remedies available by law.
	483	+	35 (10) Disclosure that the dog has been microchipped.
	484	+	36 SECTION 23. IC 15-21-5-5.5 IS ADDED TO THE INDIANA
	485	+	37 CODE AS A NEW SECTION TO READ AS FOLLOWS
	486	+	38 [EFFECTIVE JULY 1, 2024]: Sec. 5.5. (a) A retail pet store shall
	487	+	39 accept, for any reason, the return of a dog sold within three (3)
	488	+	40 business days of the original sale.
	489	+	41 (b) The retail pet store may charge a return fee not exceeding
	490	+	42 ten percent (10%) of the purchase price of the dog.
	491	+	EH 1412—LS 6515/DI 150 12
	492	+	1 SECTION 24. IC 15-21-5-5.7 IS ADDED TO THE INDIANA
	493	+	2 CODE AS A NEW SECTION TO READ AS FOLLOWS
	494	+	3 [EFFECTIVE JULY 1, 2024]: Sec. 5.7. (a) To demonstrate that a
	495	+	4 retail pet store is only selling dogs obtained from the entities
	496	+	5 identified in IC 15-21-6-2(a), a retail pet store shall create and
	497	+	6 maintain records for seven (7) years demonstrating where the
	498	+	7 retail pet store obtained any dog it is selling.
	499	+	8 (b) The records described in subsection (a) must include a list
	500	+	9 created by the retail pet store that contains the name and address
	501	+	10 of the entities where the retail pet store obtained any dog it is
	502	+	11 selling. The retail pet store shall make this list available to the
	503	+	12 public.
	504	+	13 SECTION 25. IC 15-21-5-6 IS ADDED TO THE INDIANA CODE
	505	+	14 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
	506	+	15 1, 2024]: Sec. 6. (a) A customer who purchases a dog from a retail
	507	+	16 pet store is entitled to a remedy under subsection (c) if:
	508	+	17 (1) not later than fourteen (14) days after the date of sale, a
	509	+	18 licensed veterinarian states in writing that:
	510	+	19 (A) at the time of sale the dog was unfit for purchase due
	511	+	20 to illness, a disease, or the presence of symptoms of a
	512	+	21 contagious or infectious disease that are extreme enough to
	513	+	22 influence the general health of the dog, excluding fleas or
	514	+	23 ticks; or
	515	+	24 (B) the dog has died from a disease that existed in the dog
	516	+	25 on or before the date of delivery of the dog to the
	517	+	26 customer; or
	518	+	27 (2) not later than two (2) years after the date of sale, a
	519	+	28 licensed veterinarian states in writing that the dog:
	520	+	29 (A) possesses a congenital or hereditary condition that
	521	+	30 severely affects the health of the dog or requires either
	522	+	31 hospitalization or a nonelective surgical procedure; or
	523	+	32 (B) has died of a congenital or hereditary condition.
	524	+	33 (b) The veterinarian's statement under subsection (a) must
	525	+	34 include:
	526	+	35 (1) the customer's name and address;
	527	+	36 (2) a statement that the veterinarian examined the dog;
	528	+	37 (3) the date or dates that the dog was examined;
	529	+	38 (4) the breed and age of the dog, if known;
	530	+	39 (5) a statement that the dog has or had a disease, illness, or
	531	+	40 congenital or hereditary condition; and
	532	+	41 (6) the findings of the examination or necropsy, including any
	533	+	42 lab results or copies of the results.
	534	+	EH 1412—LS 6515/DI 150 13
	535	+	1 (c) A customer entitled to a remedy under this section may elect
	536	+	2 to do the following:
	537	+	3 (1) If the dog is alive, retain the dog and be reimbursed for
	538	+	4 reasonable veterinary fees for diagnosis and treatment of the
	539	+	5 dog, not to exceed the purchase price of the dog.
	540	+	6 (2) If the dog is deceased, be reimbursed:
	541	+	7 (A) the full purchase price of the dog; and
	542	+	8 (B) reasonable veterinary fees associated with the
	543	+	9 diagnosis and treatment of the dog, not to exceed the
	544	+	10 purchase price of the dog.
	545	+	11 SECTION 26. IC 15-21-5-6.5 IS ADDED TO THE INDIANA
	546	+	12 CODE AS A NEW SECTION TO READ AS FOLLOWS
	547	+	13 [EFFECTIVE JULY 1, 2024]: Sec. 6.5. (a) A retail pet store shall
	548	+	14 only sell dogs acquired from the following sources:
	549	+	15 (1) A commercial dog breeder that meets the following
	550	+	16 criteria:
	551	+	17 (A) Is registered as required by IC 15-21-2-1.
	552	+	18 (B) Is certified by a national science based breeder
	553	+	19 standards program.
	554	+	20 (C) Is audited by an independent auditing firm that
	555	+	21 complies with the applicable standards of the International
	556	+	22 Organization for Standardization (ISO).
	557	+	23 (2) A commercial dog broker that meets the following
	558	+	24 criteria:
	559	+	25 (A) Is registered as required by IC 15-21-2-1.
	560	+	26 (B) Acquires dogs from the following sources:
	561	+	27 (i) A commercial dog breeder that meets the
	562	+	28 requirements established in subdivision (1).
	563	+	29 (ii) A dog breeder or broker that is subject to 9 CFR 2.1
	564	+	30 and has no direct violations for the previous two (2)
	565	+	31 years.
	566	+	32 (3) A dog breeder or broker that is subject to 9 CFR 2.1 and
	567	+	33 has no direct violations for the previous two (2) years.
	568	+	34 (b) If a retail pet store acquires a dog from a source that does
	569	+	35 not fall under the criteria established in subsection (a) or no longer
	570	+	36 meets the criteria established in subsection (a), the retail pet store
	571	+	37 shall take the following corrective action within thirty (30) days:
	572	+	38 (1) Notify the board of the violation and report which entity
	573	+	39 sold the dog to the retail pet store.
	574	+	40 (2) Notify customers who purchased a dog acquired from a
	575	+	41 source not described in subsection (a).
	576	+	42 (3) Provide a refund to a customer who elects to return a dog
	577	+	EH 1412—LS 6515/DI 150 14
	578	+	1 acquired from a source not described in subsection (a).
	579	+	2 (c) A retail pet store that takes corrective action under
	580	+	3 subsection (b) does not violate subsection (a).
	581	+	4 SECTION 27. IC 15-21-5-7 IS ADDED TO THE INDIANA CODE
	582	+	5 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
	583	+	6 1, 2024]: Sec. 7. (a) The board may review or obtain records from
	584	+	7 a retail pet store that contain the information described in this
	585	+	8 chapter and confirm that all dogs acquired by a retail pet store
	586	+	9 meet the criteria established under section 6.5(a) of this chapter.
	587	+	10 (b) A retail pet store shall, within thirty (30) days, provide the
	588	+	11 board with electronic access to any requested records that contain
	589	+	12 information required to verify disclosures and procedures
	590	+	13 established by this chapter.
	591	+	14 SECTION 28. IC 15-21-5.5 IS ADDED TO THE INDIANA CODE
	592	+	15 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
	593	+	16 JULY 1, 2025]:
	594	+	17 Chapter 5.5. Board Inspections
	595	+	18 Sec. 1. The board shall determine the frequency of inspections
	596	+	19 for the following:
	597	+	20 (1) A commercial dog breeder.
	598	+	21 (2) A commercial dog broker.
	599	+	22 (3) A retail pet store.
	600	+	23 Sec. 2. (a) The following entities are subject to random
	601	+	24 unannounced inspections by the board:
	602	+	25 (1) A commercial dog breeder.
	603	+	26 (2) A commercial dog broker.
	604	+	27 (3) A retail pet store.
	605	+	28 (b) Subject to IC 15-17-3, the board may not inspect the same
	606	+	29 entity more than one (1) time in a calendar year, unless an entity
	607	+	30 fails an inspection and additional inspections are necessary to
	608	+	31 protect the safety and well-being of the dogs.
	609	+	32 SECTION 29. IC 15-21-6-2 IS ADDED TO THE INDIANA CODE
	610	+	33 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
	611	+	34 1, 2024]: Sec. 2. (a) A unit may not prohibit a retail pet store from
	612	+	35 selling dogs acquired from the following:
	613	+	36 (1) A commercial dog breeder that meets the following
	614	+	37 criteria:
	615	+	38 (A) Is registered as required by IC 15-21-2-1.
	616	+	39 (B) Is certified by a national science based breeder
	617	+	40 standards program.
	618	+	41 (C) Is audited by an independent auditing firm that
	619	+	42 complies with the applicable standards of the International
	620	+	EH 1412—LS 6515/DI 150 15
	621	+	1 Organization for Standardization (ISO).
	622	+	2 (2) A commercial dog broker that meets the following
	623	+	3 criteria:
	624	+	4 (A) Is registered as required by IC 15-21-2-1.
	625	+	5 (B) Acquires dogs from the following sources:
	626	+	6 (i) A commercial dog breeder that meets the
	627	+	7 requirements established in subdivision (1).
	628	+	8 (ii) A dog breeder or broker that is subject to 9 CFR 2.1
	629	+	9 and has no direct violations for the previous two (2)
	630	+	10 years.
	631	+	11 (3) A dog breeder or broker that is subject to 9 CFR 2.1 and
	632	+	12 has no direct violations for the previous two (2) years.
	633	+	13 (b) A retail pet store may sell dogs from a commercial dog
	634	+	14 breeder that is awaiting a final audit from the canine care certified
	635	+	15 program until June 30, 2025.
	636	+	16 (c) A commercial dog broker may acquire dogs from a
	637	+	17 commercial dog breeder that is awaiting a final audit from the
	638	+	18 canine care certified program until June 30, 2025.
	639	+	19 (d) A retail pet store shall have an opportunity to take
	640	+	20 corrective action under IC 15-21-5-6.5 before a local unit prevents
	641	+	21 a retail pet store from selling dogs due to a violation under this
	642	+	22 section.
	643	+	23 (e) This section may not be construed to prohibit a unit from
	644	+	24 adopting an ordinance or regulating a retail pet store for:
	645	+	25 (1) inspections;
	646	+	26 (2) business licenses; or
	647	+	27 (3) other applicable local ordinances.
	648	+	28 (f) Any ordinance that violates subsection (a) is void and
	649	+	29 unenforceable. An ordinance adopted before July 1, 2024, becomes
	650	+	30 void and unenforceable on July 1, 2024.
	651	+	31 SECTION 30. IC 15-21-7-1, AS ADDED BY P.L.111-2009,
	652	+	32 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	653	+	33 JULY 1, 2024]: Sec. 1. (a) The board may enforce this article when the
	654	+	34 board determines that sufficient funds have been deposited in the
	655	+	35 commercial dog breeder and broker fund to permit enforcement.
	656	+	36 (b) In enforcing this article, the board may:
	657	+	37 (1) seek injunctive relief;
	658	+	38 (2) issue an order of compliance notifying the commercial dog
	659	+	39 breeder, or commercial dog broker, retail pet store, animal care
	660	+	40 facility, or animal rescue operation of a violation and requiring
	661	+	41 corrective action by a certain date; and
	662	+	42 (3) impose a civil penalty of not more than:
	663	+	EH 1412—LS 6515/DI 150 16
	664	+	1 (A) five hundred dollars ($500) for a knowing violation;
	665	+	2 (B) one thousand dollars ($1,000) for an intentional violation;
	666	+	3 and
	667	+	4 (C) five thousand dollars ($5,000) for knowingly or
	668	+	5 intentionally violating an injunction.
	669	+	6 (c) The board may assess a civil penalty of ten thousand dollars
	670	+	7 ($10,000) per day for each day a violation is not corrected, plus
	671	+	8 payment to the board for the costs incurred by the board as a
	672	+	9 direct consequence of prosecution of the violation. All civil
	673	+	10 penalties under this section shall be deposited in the commercial
	674	+	11 dog breeder and broker fund established by IC 15-21-3-3.
	675	+	12 (c) (d) The board may seek an injunction to prohibit a commercial
	676	+	13 dog breeder from registering with the board for not more than three (3)
	677	+	14 years.
	678	+	15 (d) (e) Subsection (a) does not prohibit the board from assisting a
	679	+	16 law enforcement agency in a criminal investigation.
	680	+	17 SECTION 31. IC 15-21-7-2 IS ADDED TO THE INDIANA CODE
	681	+	18 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
	682	+	19 1, 2024]: Sec. 2. (a) Nothing in this article shall be construed to
	683	+	20 prohibit the board from exercising its statutory powers and duties
	684	+	21 conferred under IC 15-17-3.
	685	+	22 (b) The board may inspect and audit any:
	686	+	23 (1) commercial dog breeder;
	687	+	24 (2) commercial dog broker;
	688	+	25 (3) retail pet store;
	689	+	26 (4) animal care facility; or
	690	+	27 (5) animal rescue operation;
	691	+	28 that the board has reason to believe violates this article, or has
	692	+	29 reason to believe that a higher frequency of inspections is necessary
	693	+	30 for a high risk entity.
	694	+	31 SECTION 32. IC 15-21-7-4 IS ADDED TO THE INDIANA CODE
	695	+	32 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
	696	+	33 1, 2024]: Sec. 4. (a) A retail pet store operator that violates this
	697	+	34 article commits a deceptive act that is actionable by the attorney
	698	+	35 general or a consumer under IC 24-5-0.5-4 and is subject to the
	699	+	36 remedies and penalties under IC 24-5-0.5.
	700	+	37 (b) A retail pet store operator that misleads a consumer, by
	701	+	38 contract or otherwise, with the intent to evade the requirements of
	702	+	39 this article commits a deceptive act that is actionable by the
	703	+	40 attorney general or a consumer under IC 24-5-0.5-4 and is subject
	704	+	41 to the remedies and penalties under IC 24-5-0.5.
	705	+	42 (c) Nothing in this article shall be construed to prevent a
	706	+	EH 1412—LS 6515/DI 150 17
	707	+	1 consumer from filing a complaint as provided under IC 24-5-0.5-4.
	708	+	2 SECTION 33. IC 24-5-0.5-3, AS AMENDED BY P.L.34-2022,
	709	+	3 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	710	+	4 JULY 1, 2024]: Sec. 3. (a) A supplier may not commit an unfair,
	711	+	5 abusive, or deceptive act, omission, or practice in connection with a
	712	+	6 consumer transaction. Such an act, omission, or practice by a supplier
	713	+	7 is a violation of this chapter whether it occurs before, during, or after
	714	+	8 the transaction. An act, omission, or practice prohibited by this section
	715	+	9 includes both implicit and explicit misrepresentations.
	716	+	10 (b) Without limiting the scope of subsection (a), the following acts,
	717	+	11 and the following representations as to the subject matter of a
	718	+	12 consumer transaction, made orally, in writing, or by electronic
	719	+	13 communication, by a supplier, are deceptive acts:
	720	+	14 (1) That such subject of a consumer transaction has sponsorship,
	721	+	15 approval, performance, characteristics, accessories, uses, or
	722	+	16 benefits it does not have which the supplier knows or should
	723	+	17 reasonably know it does not have.
	724	+	18 (2) That such subject of a consumer transaction is of a particular
	725	+	19 standard, quality, grade, style, or model, if it is not and if the
	726	+	20 supplier knows or should reasonably know that it is not.
	727	+	21 (3) That such subject of a consumer transaction is new or unused,
	728	+	22 if it is not and if the supplier knows or should reasonably know
	729	+	23 that it is not.
	730	+	24 (4) That such subject of a consumer transaction will be supplied
	731	+	25 to the public in greater quantity than the supplier intends or
	732	+	26 reasonably expects.
	733	+	27 (5) That replacement or repair constituting the subject of a
	734	+	28 consumer transaction is needed, if it is not and if the supplier
	735	+	29 knows or should reasonably know that it is not.
	736	+	30 (6) That a specific price advantage exists as to such subject of a
	737	+	31 consumer transaction, if it does not and if the supplier knows or
	738	+	32 should reasonably know that it does not.
	739	+	33 (7) That the supplier has a sponsorship, approval, or affiliation in
	740	+	34 such consumer transaction the supplier does not have, and which
	741	+	35 the supplier knows or should reasonably know that the supplier
	742	+	36 does not have.
	743	+	37 (8) That such consumer transaction involves or does not involve
	744	+	38 a warranty, a disclaimer of warranties, or other rights, remedies,
	745	+	39 or obligations, if the representation is false and if the supplier
	746	+	40 knows or should reasonably know that the representation is false.
	747	+	41 (9) That the consumer will receive a rebate, discount, or other
	748	+	42 benefit as an inducement for entering into a sale or lease in return
	749	+	EH 1412—LS 6515/DI 150 18
	750	+	1 for giving the supplier the names of prospective consumers or
	751	+	2 otherwise helping the supplier to enter into other consumer
	752	+	3 transactions, if earning the benefit, rebate, or discount is
	753	+	4 contingent upon the occurrence of an event subsequent to the time
	754	+	5 the consumer agrees to the purchase or lease.
	755	+	6 (10) That the supplier is able to deliver or complete the subject of
	756	+	7 the consumer transaction within a stated period of time, when the
	757	+	8 supplier knows or should reasonably know the supplier could not.
	758	+	9 If no time period has been stated by the supplier, there is a
	759	+	10 presumption that the supplier has represented that the supplier
	760	+	11 will deliver or complete the subject of the consumer transaction
	761	+	12 within a reasonable time, according to the course of dealing or the
	762	+	13 usage of the trade.
	763	+	14 (11) That the consumer will be able to purchase the subject of the
	764	+	15 consumer transaction as advertised by the supplier, if the supplier
	765	+	16 does not intend to sell it.
	766	+	17 (12) That the replacement or repair constituting the subject of a
	767	+	18 consumer transaction can be made by the supplier for the estimate
	768	+	19 the supplier gives a customer for the replacement or repair, if the
	769	+	20 specified work is completed and:
	770	+	21 (A) the cost exceeds the estimate by an amount equal to or
	771	+	22 greater than ten percent (10%) of the estimate;
	772	+	23 (B) the supplier did not obtain written permission from the
	773	+	24 customer to authorize the supplier to complete the work even
	774	+	25 if the cost would exceed the amounts specified in clause (A);
	775	+	26 (C) the total cost for services and parts for a single transaction
	776	+	27 is more than seven hundred fifty dollars ($750); and
	777	+	28 (D) the supplier knew or reasonably should have known that
	778	+	29 the cost would exceed the estimate in the amounts specified in
	779	+	30 clause (A).
	780	+	31 (13) That the replacement or repair constituting the subject of a
	781	+	32 consumer transaction is needed, and that the supplier disposes of
	782	+	33 the part repaired or replaced earlier than seventy-two (72) hours
	783	+	34 after both:
	784	+	35 (A) the customer has been notified that the work has been
	785	+	36 completed; and
	786	+	37 (B) the part repaired or replaced has been made available for
	787	+	38 examination upon the request of the customer.
	788	+	39 (14) Engaging in the replacement or repair of the subject of a
	789	+	40 consumer transaction if the consumer has not authorized the
	790	+	41 replacement or repair, and if the supplier knows or should
	791	+	42 reasonably know that it is not authorized.
	792	+	EH 1412—LS 6515/DI 150 19
	793	+	1 (15) The act of misrepresenting the geographic location of the
	794	+	2 supplier by listing an alternate business name or an assumed
	795	+	3 business name (as described in IC 23-0.5-3-4) in a local telephone
	796	+	4 directory if:
	797	+	5 (A) the name misrepresents the supplier's geographic location;
	798	+	6 (B) the listing fails to identify the locality and state of the
	799	+	7 supplier's business;
	800	+	8 (C) calls to the local telephone number are routinely forwarded
	801	+	9 or otherwise transferred to a supplier's business location that
	802	+	10 is outside the calling area covered by the local telephone
	803	+	11 directory; and
	804	+	12 (D) the supplier's business location is located in a county that
	805	+	13 is not contiguous to a county in the calling area covered by the
	806	+	14 local telephone directory.
	807	+	15 (16) The act of listing an alternate business name or assumed
	808	+	16 business name (as described in IC 23-0.5-3-4) in a directory
	809	+	17 assistance data base if:
	810	+	18 (A) the name misrepresents the supplier's geographic location;
	811	+	19 (B) calls to the local telephone number are routinely forwarded
	812	+	20 or otherwise transferred to a supplier's business location that
	813	+	21 is outside the local calling area; and
	814	+	22 (C) the supplier's business location is located in a county that
	815	+	23 is not contiguous to a county in the local calling area.
	816	+	24 (17) The violation by a supplier of IC 24-3-4 concerning
	817	+	25 cigarettes for import or export.
	818	+	26 (18) The act of a supplier in knowingly selling or reselling a
	819	+	27 product to a consumer if the product has been recalled, whether
	820	+	28 by the order of a court or a regulatory body, or voluntarily by the
	821	+	29 manufacturer, distributor, or retailer, unless the product has been
	822	+	30 repaired or modified to correct the defect that was the subject of
	823	+	31 the recall.
	824	+	32 (19) The violation by a supplier of 47 U.S.C. 227, including any
	825	+	33 rules or regulations issued under 47 U.S.C. 227.
	826	+	34 (20) The violation by a supplier of the federal Fair Debt
	827	+	35 Collection Practices Act (15 U.S.C. 1692 et seq.), including any
	828	+	36 rules or regulations issued under the federal Fair Debt Collection
	829	+	37 Practices Act (15 U.S.C. 1692 et seq.).
	830	+	38 (21) A violation of IC 24-5-7 (concerning health spa services), as
	831	+	39 set forth in IC 24-5-7-17.
	832	+	40 (22) A violation of IC 24-5-8 (concerning business opportunity
	833	+	41 transactions), as set forth in IC 24-5-8-20.
	834	+	42 (23) A violation of IC 24-5-10 (concerning home consumer
	835	+	EH 1412—LS 6515/DI 150 20
	836	+	1 transactions), as set forth in IC 24-5-10-18.
	837	+	2 (24) A violation of IC 24-5-11 (concerning real property
	838	+	3 improvement contracts), as set forth in IC 24-5-11-14.
	839	+	4 (25) A violation of IC 24-5-12 (concerning telephone
	840	+	5 solicitations), as set forth in IC 24-5-12-23.
	841	+	6 (26) A violation of IC 24-5-13.5 (concerning buyback motor
	842	+	7 vehicles), as set forth in IC 24-5-13.5-14.
	843	+	8 (27) A violation of IC 24-5-14 (concerning automatic
	844	+	9 dialing-announcing devices), as set forth in IC 24-5-14-13.
	845	+	10 (28) A violation of IC 24-5-15 (concerning credit services
	846	+	11 organizations), as set forth in IC 24-5-15-11.
	847	+	12 (29) A violation of IC 24-5-16 (concerning unlawful motor
	848	+	13 vehicle subleasing), as set forth in IC 24-5-16-18.
	849	+	14 (30) A violation of IC 24-5-17 (concerning environmental
	850	+	15 marketing claims), as set forth in IC 24-5-17-14.
	851	+	16 (31) A violation of IC 24-5-19 (concerning deceptive commercial
	852	+	17 solicitation), as set forth in IC 24-5-19-11.
	853	+	18 (32) A violation of IC 24-5-21 (concerning prescription drug
	854	+	19 discount cards), as set forth in IC 24-5-21-7.
	855	+	20 (33) A violation of IC 24-5-23.5-7 (concerning real estate
	856	+	21 appraisals), as set forth in IC 24-5-23.5-9.
	857	+	22 (34) A violation of IC 24-5-26 (concerning identity theft), as set
	858	+	23 forth in IC 24-5-26-3.
	859	+	24 (35) A violation of IC 24-5.5 (concerning mortgage rescue fraud),
	860	+	25 as set forth in IC 24-5.5-6-1.
	861	+	26 (36) A violation of IC 24-8 (concerning promotional gifts and
	862	+	27 contests), as set forth in IC 24-8-6-3.
	863	+	28 (37) A violation of IC 21-18.5-6 (concerning representations
	864	+	29 made by a postsecondary credit bearing proprietary educational
	865	+	30 institution), as set forth in IC 21-18.5-6-22.5.
	866	+	31 (38) A violation of IC 24-5-15.5 (concerning collection actions of
	867	+	32 a plaintiff debt buyer), as set forth in IC 24-5-15.5-6.
	868	+	33 (39) A violation of IC 24-14 (concerning towing services), as set
	869	+	34 forth in IC 24-14-10-1.
	870	+	35 (40) A violation of IC 24-5-14.5 (concerning misleading or
	871	+	36 inaccurate caller identification information), as set forth in
	872	+	37 IC 24-5-14.5-12.
	873	+	38 (41) A violation of IC 24-5-27 (concerning intrastate inmate
	874	+	39 calling services), as set forth in IC 24-5-27-27.
	875	+	40 (42) A violation of IC 15-21 (concerning sales of dogs by retail
	876	+	41 pet stores), as set forth in IC 15-21-7-4.
	877	+	42 (c) Any representations on or within a product or its packaging or
	878	+	EH 1412—LS 6515/DI 150 21
	879	+	1 in advertising or promotional materials which would constitute a
	880	+	2 deceptive act shall be the deceptive act both of the supplier who places
	881	+	3 such representation thereon or therein, or who authored such materials,
	882	+	4 and such other suppliers who shall state orally or in writing that such
	883	+	5 representation is true if such other supplier shall know or have reason
	884	+	6 to know that such representation was false.
	885	+	7 (d) If a supplier shows by a preponderance of the evidence that an
	886	+	8 act resulted from a bona fide error notwithstanding the maintenance of
	887	+	9 procedures reasonably adopted to avoid the error, such act shall not be
	888	+	10 deceptive within the meaning of this chapter.
	889	+	11 (e) It shall be a defense to any action brought under this chapter that
	890	+	12 the representation constituting an alleged deceptive act was one made
	891	+	13 in good faith by the supplier without knowledge of its falsity and in
	892	+	14 reliance upon the oral or written representations of the manufacturer,
	893	+	15 the person from whom the supplier acquired the product, any testing
	894	+	16 organization, or any other person provided that the source thereof is
	895	+	17 disclosed to the consumer.
	896	+	18 (f) For purposes of subsection (b)(12), a supplier that provides
	897	+	19 estimates before performing repair or replacement work for a customer
	898	+	20 shall give the customer a written estimate itemizing as closely as
	899	+	21 possible the price for labor and parts necessary for the specific job
	900	+	22 before commencing the work.
	901	+	23 (g) For purposes of subsection (b)(15) and (b)(16), a telephone
	902	+	24 company or other provider of a telephone directory or directory
	903	+	25 assistance service or its officer or agent is immune from liability for
	904	+	26 publishing the listing of an alternate business name or assumed
	905	+	27 business name of a supplier in its directory or directory assistance data
	906	+	28 base unless the telephone company or other provider of a telephone
	907	+	29 directory or directory assistance service is the same person as the
	908	+	30 supplier who has committed the deceptive act.
	909	+	31 (h) For purposes of subsection (b)(18), it is an affirmative defense
	910	+	32 to any action brought under this chapter that the product has been
	911	+	33 altered by a person other than the defendant to render the product
	912	+	34 completely incapable of serving its original purpose.
	913	+	EH 1412—LS 6515/DI 150 22
	914	+	COMMITTEE REPORT
	915	+	Mr. Speaker: Your Committee on Agriculture and Rural
	916	+	Development, to which was referred House Bill 1412, has had the same
	917	+	under consideration and begs leave to report the same back to the
	918	+	House with the recommendation that said bill be amended as follows:
	919	+	Page 4, line 26, after "Indiana." insert "The board shall make a
	920	+	registry described in this subdivision available to the public.".
	921	+	Page 11, line 37, after "exceeding" insert "ten percent (10%) of the
	922	+	purchase price of the dog.".
	923	+	Page 11, delete line 38.
	924	+	Page 11, line 41, after "Sec. 5.7." insert "(a)".
	925	+	Page 12, between lines 3 and 4, begin a new paragraph and insert:
	926	+	"(b) The records described in subsection (a) must include a list
	927	+	created by the retail pet store that contains the name and address
	928	+	of the entities where the retail pet store obtained any dog it is
	929	+	selling. The retail pet store shall make this list available to the
	930	+	public.".
	931	+	Page 12, line 35, delete "one (1) of".
	932	+	Page 12, line 36, delete "alive:" and insert "alive,".
	933	+	Page 12, delete lines 37 through 40.
	934	+	Page 12, line 41, delete "(C)".
	935	+	Page 12, run in lines 36 through 41.
	936	+	and when so amended that said bill do pass.
	937	+	(Reference is to HB 1412 as introduced.)
	938	+	AYLESWORTH
	939	+	Committee Vote: yeas 9, nays 4.
	940	+	_____
	941	+	HOUSE MOTION
	942	+	Mr. Speaker: I move that House Bill 1412 be amended to read as
	943	+	follows:
	944	+	Page 7, between lines 27 and 28, begin a new paragraph and insert:
	945	+	"SECTION 13. IC 15-21-2-1.3 IS ADDED TO THE INDIANA
241	946		CODE AS A NEW SECTION TO READ AS FOLLOWS
242		-	[EFFECTIVE JULY 1, 2024]: Sec. 5.3. "Hobby breeder" means a
243		-	person who maintains fewer than twenty (20) unaltered female
244		-	dogs that are at least twelve (12) months of age.
245		-	SECTION 11. IC 15-21-1-6.5 IS ADDED TO THE INDIANA
246		-	CODE AS A NEW SECTION TO READ AS FOLLOWS
247		-	[EFFECTIVE JULY 1, 2024]: Sec. 6.5. (a) "Retail pet store" means
248		-	a commercial enterprise that sells dogs from a place of business at
249		-	which the seller, buyer, and dog are physically present so the buyer
250		-	may observe the dog before purchasing or taking custody of that
251		-	HEA 1412 — Concur 7
252		-	dog after purchase.
253		-	(b) The term excludes the following:
254		-	(1) Commercial dog breeders registered under IC 15-21-3-1.
255		-	(2) Hobby breeders.
256		-	(3) Persons who breed at least seventy-five percent (75%) of
257		-	the person's dogs as sport dogs for hunting purposes.
258		-	(4) Persons who breed at least seventy-five percent (75%) of
259		-	the person's dogs as service dogs or as dogs for use by the
260		-	police or the armed forces.
261		-	SECTION 12. IC 15-21-1-6.7 IS ADDED TO THE INDIANA
262		-	CODE AS A NEW SECTION TO READ AS FOLLOWS
263		-	[EFFECTIVE JULY 1, 2024]: Sec. 6.7. "Unit" refers to a county,
264		-	municipality, or township.
265		-	SECTION 13. IC 15-21-2-1, AS ADDED BY P.L.111-2009,
266		-	SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
267		-	JULY 1, 2024]: Sec. 1. A person may not operate:
268		-	(1) a commercial dog breeder operation; or
269		-	(2) as a commercial dog broker;
270		-	(3) a retail pet store;
271		-	(4) an animal care facility; or
272		-	(5) an animal rescue operation;
273		-	without being registered with the board in accordance with this chapter.
274		-	IC 15-21-3.
275		-	SECTION 14. IC 15-21-2-2.5 IS ADDED TO THE INDIANA
276		-	CODE AS A NEW SECTION TO READ AS FOLLOWS
277		-	[EFFECTIVE JULY 1, 2024]: Sec. 2.5. The following entities that
278		-	are registered under IC 15-21-3 shall post notice of the entity's
279		-	registration with the board in a prominent place visible to the
280		-	public:
281		-	(1) A retail pet store.
282		-	(2) An animal care facility.
283		-	(3) An animal rescue operation.
284		-	SECTION 15. IC 15-21-2-3, AS ADDED BY P.L.111-2009,
285		-	SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
286		-	JULY 1, 2024]: Sec. 3. (a) A commercial dog breeder who knowingly
287		-	or intentionally fails to register with the board as a commercial dog
288		-	breeder commits a Class A misdemeanor.
289		-	(b) A commercial dog broker who knowingly or intentionally fails
290		-	to register with the board as a commercial dog broker commits a Class
291		-	A misdemeanor.
292		-	(c) The board may impose a civil penalty of not more than ten
	947	+	[EFFECTIVE JULY 1, 2024]: Sec. 1.3. A hobby breeder may not sell
	948	+	dogs to a retail pet store unless the hobby breeder is registered
	949	+	EH 1412—LS 6515/DI 150 23
	950	+	with the board in accordance with IC 15-21-3.".
	951	+	Page 8, delete lines 3 through 10, begin a new paragraph and insert:
	952	+	"(c) The board may impose a civil penalty of not more than ten
293	953		thousand dollars ($10,000) on a retail pet store operator that
294		-	HEA 1412 — Concur 8
295	954		knowingly or intentionally fails to register with the board as a
296	955		retail pet store.
297	956		(d) The board may impose a civil penalty of not more than ten
298	957		thousand dollars ($10,000) on the operator of:
299	958		(1) an animal care facility; or
300	959		(2) an animal rescue operation;
301	960		that knowingly or intentionally fails to register with the board.
302		-	(c) (e) A commercial dog breeder or a commercial dog broker who
303		-	fails to register with the board is liable to the state for two (2) times the
304		-	amount of registration fees that the commercial dog breeder or
305		-	commercial dog broker failed to pay. The attorney general may bring
306		-	an action to collect unpaid commercial dog breeder or commercial dog
307		-	broker registration fees. Funds collected under this subsection shall be
308		-	deposited in the commercial dog breeder and broker fund established
309		-	by IC 15-21-3-3.
310		-	(f) If any of the following entities fail to register with the board,
311		-	the entity may not operate in Indiana until the entity registers with
312		-	the board:
313		-	(1) Commercial dog breeder.
314		-	(2) Commercial dog broker.
315		-	(3) Retail pet store.
316		-	(4) Animal care facility.
317		-	(5) Animal rescue operation.
318		-	SECTION 16. IC 15-21-3-2.3 IS ADDED TO THE INDIANA
	961	+	(e) The board may impose a civil penalty of not more than ten
	962	+	thousand dollars ($10,000) on a hobby breeder that sells dogs to a
	963	+	retail pet store that knowingly or intentionally fails to register with
	964	+	the board as a retail pet store.".
	965	+	Page 8, line 11, delete "(e)" and insert "(f)".
	966	+	Page 8, line 19, delete "(f)" and insert "(g)".
	967	+	Page 9, delete lines 11 through 13, begin a new paragraph and
	968	+	insert:
	969	+	"(g) The board may impose a civil penalty of not more than ten
	970	+	thousand dollars ($10,000) on a person that knowingly or
	971	+	intentionally makes a material misstatement in a retail pet store
	972	+	registration statement.".
	973	+	Page 9, delete lines 40 through 42, begin a new paragraph and
	974	+	insert:
	975	+	"(f) The board may impose a civil penalty of not more than ten
	976	+	thousand dollars ($10,000) on a person that knowingly or
	977	+	intentionally makes a material misstatement in an animal care
	978	+	facility or animal rescue operation registration statement.".
	979	+	Page 10, delete line 1, begin a new paragraph and insert:
	980	+	"SECTION 16. IC 15-21-3-2.7 IS ADDED TO THE INDIANA
319	981		CODE AS A NEW SECTION TO READ AS FOLLOWS
320		-	[EFFECTIVE JULY 1, 2024]: Sec. 2.3. (a) A ~~retail pet store shall file~~
321		-	an initial ~~registration with the board in a form prescribed by the~~
322		-	board.
323		-	(b) After the initial registration under subsection (a), a ~~retail pet~~
324		-	~~store~~ shall register annually with the board in a manner ~~prescribed~~
325		-	by the board.
	982	+	[EFFECTIVE JULY 1, 2024]: Sec. 2.7. (a) A hobby breeder that
	983	+	wants to sell dogs to a retail pet store shall file an initial
	984	+	registration with the board in a form prescribed by the board.
	985	+	(b) After the initial registration under subsection (a), a hobby
	986	+	breeder shall register annually with the board in a manner
	987	+	prescribed by the board.
326	988		(c) The board shall provide for notice of the upcoming
327	989		expiration of registration to each registrant at least thirty (30) days
328	990		before the expiration of the registration.
329		-	(d) A retail pet store that fails to renew its registration will
	991	+	(d) A hobby breeder that fails to renew its registration will
	992	+	EH 1412—LS 6515/DI 150 24
330	993		receive a warning on a form prescribed by the board indicating
331		-	that it has thirty (30) days to renew its registration or the ~~retail pet~~
332		-	~~store~~ can no longer operate.
333		-	(e) A person that registers or renews a registration as a ~~retail~~
334		-	~~pet store~~ must include the following in the registration or renewal
	994	+	that it has thirty (30) days to renew its registration or the hobby
	995	+	breeder can no longer operate.
	996	+	(e) A person that registers or renews a registration as a hobby
	997	+	breeder must include the following in the registration or renewal
335	998		application:
336		-	(1) The name and address of the person's retail pet store.
337		-	HEA 1412 — Concur 9
338		-	(2) The name and address of the person operating the retail
339		-	pet store.
	999	+	(1) The name and address of the hobby breeder's operation.
	1000	+	(2) The name and address of the person operating the hobby
	1001	+	breeding operation.
340	1002		(3) Any other information related to taxation that is required
341	1003		by the board.
342		-	(f) An entity that owns and operates more than one (1) ~~retail pet~~
343		-	~~store~~ shall register all of the ~~retail pet stores owned and operated~~
344		-	by the entity in Indiana.
	1004	+	(f) An entity that owns and operates more than one (1) hobby
	1005	+	breeding operation shall register all of the hobby breeder
	1006	+	operations owned and operated by the entity in Indiana.
345	1007		(g) The board may impose a civil penalty of not more than ten
346		-	thousand dollars ($10,000) on a person that knowingly or
347		-	intentionally makes a material misstatement in a retail pet store
348		-	registration statement.
349		-	SECTION 17. IC 15-21-3-2.5 IS ADDED TO THE INDIANA
350		-	CODE AS A NEW SECTION TO READ AS FOLLOWS
351		-	[EFFECTIVE JULY 1, 2024]: Sec. 2.5. (a) An animal care facility
352		-	and an animal rescue operation shall file an initial registration with
353		-	the board in a form prescribed by the board.
354		-	(b) After the initial registration under subsection (a):
355		-	(1) an animal care facility; and
356		-	(2) an animal rescue operation;
357		-	shall register annually with the board in a manner prescribed by
358		-	the board.
359		-	(c) The board shall provide for notice of the upcoming
360		-	expiration of registration to each registrant at least thirty (30) days
361		-	before the expiration of the registration.
362		-	(d) An animal care facility or animal rescue operation that fails
363		-	to renew its registration will receive a warning on a form
364		-	prescribed by the board indicating that it has thirty (30) days to
365		-	renew its registration or the entity can no longer operate.
366		-	(e) A person that registers or renews a registration as an animal
367		-	care facility or animal rescue operation must include the following
368		-	in the registration or renewal application:
369		-	(1) The name and address of the person's animal care facility
370		-	or animal rescue operation.
371		-	(2) The name and address of the person operating the animal
372		-	care facility or animal rescue operation.
373		-	(3) Any other information related to taxation that is required
374		-	by the board.
375		-	(f) The board may impose a civil penalty of not more than ten
376		-	thousand dollars ($10,000) on a person that knowingly or
377		-	intentionally makes a material misstatement in an animal care
378		-	facility or animal rescue operation registration statement.
379		-	SECTION 18. IC 15-21-3-3, AS ADDED BY P.L.111-2009,
380		-	HEA 1412 — Concur 10
381		-	SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
382		-	JULY 1, 2024]: Sec. 3. (a) The commercial dog breeder and broker
383		-	fund is established for the purpose of funding:
384		-	(1) the inspection of commercial dog breeding operations by the
385		-	board; and
386		-	(2) the inspection of retail pet stores by the board; and
387		-	(2) (3) the enforcement by the board of laws concerning
388		-	commercial dog breeders and commercial dog brokers.
389		-	The fund shall be administered by the board.
390		-	(b) The fund consists of:
391		-	(1) commercial dog breeder and commercial dog broker fees; and
392		-	(2) civil penalties deposited by the board into the fund for
393		-	violations of this article.
394		-	(c) The expenses of administering the fund shall be paid from
395		-	money in the fund.
396		-	(d) The treasurer of state shall invest the money in the fund not
397		-	currently needed to meet the obligations of the fund in the same
398		-	manner as other public money may be invested. Interest that accrues
399		-	from these investments shall be deposited in the fund.
400		-	(e) Money in the fund at the end of a state fiscal year does not revert
401		-	to the state general fund.
402		-	(f) Money in the fund is continually appropriated to carry out the
403		-	purposes of the fund.
404		-	(g) The board may adopt rules under IC 4-22-2 to implement this
405		-	chapter.
406		-	SECTION 19. IC 15-21-5-3 IS ADDED TO THE INDIANA CODE
407		-	AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
408		-	1, 2024]: Sec. 3. A retail pet store may not sell a dog to a person
409		-	who is less than eighteen (18) years of age.
410		-	SECTION 20. IC 15-21-5-4 IS ADDED TO THE INDIANA CODE
411		-	AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
412		-	1, 2024]: Sec. 4. A retail pet store operator must:
413		-	(1) microchip each dog before the sale of the dog; and
414		-	(2) provide each purchaser with the necessary information to
415		-	register a microchip placed in a dog with a searchable data
416		-	base.
417		-	SECTION 21. IC 15-21-5-4.4 IS ADDED TO THE INDIANA
418		-	CODE AS A NEW SECTION TO READ AS FOLLOWS
419		-	[EFFECTIVE JULY 1, 2024]: Sec. 4.4. A retail pet store operator
420		-	shall require a consumer to commit to spaying or neutering a dog
421		-	within a reasonable time frame, as specified by a licensed
422		-	veterinarian.
423		-	HEA 1412 — Concur 11
424		-	SECTION 22. IC 15-21-5-5 IS ADDED TO THE INDIANA CODE
425		-	AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
426		-	1, 2024]: Sec. 5. Before the sale of a dog, a retail pet store operator
427		-	must, to the best of the operator's knowledge, provide to the
428		-	consumer the following information on the dog being offered for
429		-	sale:
430		-	(1) The retail price of the dog, including any additional fees or
431		-	charges.
432		-	(2) The dog's breed or breeds, if known.
433		-	(3) The dog's age and date of birth, if known.
434		-	(4) The dog's sex and color.
435		-	(5) The date and description of any inoculation or medical
436		-	treatment that the dog received while in the possession of the:
437		-	(A) retail pet store;
438		-	(B) commercial dog breeder;
439		-	(C) commercial dog broker;
440		-	(D) humane society;
441		-	(E) animal rescue operation; or
442		-	(F) animal shelter.
443		-	(6) If the dog was supplied by a commercial dog breeder or
444		-	commercial dog broker, the name and address of the
445		-	commercial dog breeder or commercial dog broker.
446		-	(7) If eligible for registration with a pedigree registry, the
447		-	name and registration numbers of the sire and dam and the
448		-	address of the pedigree registry where the sire and dam are
449		-	registered.
450		-	(8) A copy of the retail pet store's policy regarding
451		-	warranties, refunds, or returns.
452		-	(9) An explanation of the remedy under section 6 of this
453		-	chapter, in addition to any other remedies available by law.
454		-	(10) Disclosure that the dog has been microchipped.
455		-	SECTION 23. IC 15-21-5-5.5 IS ADDED TO THE INDIANA
456		-	CODE AS A NEW SECTION TO READ AS FOLLOWS
457		-	[EFFECTIVE JULY 1, 2024]: Sec. 5.5. (a) A retail pet store shall
458		-	accept, for any reason, the return of a dog sold within three (3)
459		-	business days of the original sale.
460		-	(b) The retail pet store may charge a return fee not exceeding
461		-	ten percent (10%) of the purchase price of the dog.
462		-	SECTION 24. IC 15-21-5-5.7 IS ADDED TO THE INDIANA
463		-	CODE AS A NEW SECTION TO READ AS FOLLOWS
464		-	[EFFECTIVE JULY 1, 2024]: Sec. 5.7. (a) To demonstrate that a
465		-	retail pet store is only selling dogs obtained from the entities
466		-	HEA 1412 — Concur 12
467		-	identified in IC 15-21-6-2(a), a retail pet store shall create and
468		-	maintain records for seven (7) years demonstrating where the
469		-	retail pet store obtained any dog it is selling.
470		-	(b) The records described in subsection (a) must include a list
471		-	created by the retail pet store that contains the name and address
472		-	of the entities where the retail pet store obtained any dog it is
473		-	selling. The retail pet store shall make this list available to the
474		-	public.
475		-	SECTION 25. IC 15-21-5-6 IS ADDED TO THE INDIANA CODE
476		-	AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
477		-	1, 2024]: Sec. 6. (a) A customer who purchases a dog from a retail
478		-	pet store is entitled to a remedy under subsection (c) if:
479		-	(1) not later than fourteen (14) days after the date of sale, a
480		-	licensed veterinarian states in writing that:
481		-	(A) at the time of sale the dog was unfit for purchase due
482		-	to illness, a disease, or the presence of symptoms of a
483		-	contagious or infectious disease that are extreme enough to
484		-	influence the general health of the dog, excluding fleas or
485		-	ticks; or
486		-	(B) the dog has died from a disease that existed in the dog
487		-	on or before the date of delivery of the dog to the
488		-	customer; or
489		-	(2) not later than two (2) years after the date of sale, a
490		-	licensed veterinarian states in writing that the dog:
491		-	(A) possesses a congenital or hereditary condition that
492		-	severely affects the health of the dog or requires either
493		-	hospitalization or a nonelective surgical procedure; or
494		-	(B) has died of a congenital or hereditary condition.
495		-	(b) The veterinarian's statement under subsection (a) must
496		-	include:
497		-	(1) the customer's name and address;
498		-	(2) a statement that the veterinarian examined the dog;
499		-	(3) the date or dates that the dog was examined;
500		-	(4) the breed and age of the dog, if known;
501		-	(5) a statement that the dog has or had a disease, illness, or
502		-	congenital or hereditary condition; and
503		-	(6) the findings of the examination or necropsy, including any
504		-	lab results or copies of the results.
505		-	(c) A customer entitled to a remedy under this section may elect
506		-	to do the following:
507		-	(1) If the dog is alive, retain the dog and be reimbursed for
508		-	reasonable veterinary fees for diagnosis and treatment of the
509		-	HEA 1412 — Concur 13
510		-	dog, not to exceed the purchase price of the dog.
511		-	(2) If the dog is deceased, be reimbursed:
512		-	(A) the full purchase price of the dog; and
513		-	(B) reasonable veterinary fees associated with the
514		-	diagnosis and treatment of the dog, not to exceed the
515		-	purchase price of the dog.
516		-	SECTION 26. IC 15-21-5-6.5 IS ADDED TO THE INDIANA
517		-	CODE AS A NEW SECTION TO READ AS FOLLOWS
518		-	[EFFECTIVE JULY 1, 2024]: Sec. 6.5. (a) A retail pet store shall
519		-	only sell dogs acquired from the following sources:
520		-	(1) A commercial dog breeder that meets the following
521		-	criteria:
522		-	(A) Is registered as required by IC 15-21-2-1.
	1008	+	thousand dollars ($10,000) on a hobby breeder that sells dogs to a
	1009	+	retail pet store that knowingly or intentionally fails to register with
	1010	+	the board as a retail pet store.".
	1011	+	Page 13, line 30, delete "breeder." and insert "breeder that meets
	1012	+	the requirements in subdivision (4).".
	1013	+	Page 13, line 33, delete "breeder." and insert "breeder that meets
	1014	+	the following criteria:
	1015	+	(A) Is registered as required by IC 15-21-3-2.7.
523	1016		(B) Is certified by a national science based breeder
524	1017		standards program.
525	1018		(C) Is audited by an independent auditing firm that
526	1019		complies with the applicable standards of the International
527		-	Organization for Standardization (ISO).
528		-	(2) A commercial dog broker that meets the following
529		-	criteria:
530		-	(A) Is registered as required by IC 15-21-2-1.
531		-	(B) Acquires dogs from the following sources:
532		-	(i) A commercial dog breeder that meets the
533		-	requirements established in subdivision (1).
534		-	(ii) A dog breeder or broker that is subject to 9 CFR 2.1
535		-	and has no direct violations for the previous two (2)
536		-	years.
537		-	(3) A dog breeder or broker that is subject to 9 CFR 2.1 and
538		-	has no direct violations for the previous two (2) years.
539		-	(b) If a retail pet store acquires a dog from a source that does
540		-	not fall under the criteria established in subsection (a) or no longer
541		-	meets the criteria established in subsection (a), the retail pet store
542		-	shall take the following corrective action within thirty (30) days:
543		-	(1) Notify the board of the violation and report which entity
544		-	sold the dog to the retail pet store.
545		-	(2) Notify customers who purchased a dog acquired from a
546		-	source not described in subsection (a).
547		-	(3) Provide a refund to a customer who elects to return a dog
548		-	acquired from a source not described in subsection (a).
549		-	(c) A retail pet store that takes corrective action under
550		-	subsection (b) does not violate subsection (a).
551		-	SECTION 27. IC 15-21-5-7 IS ADDED TO THE INDIANA CODE
552		-	HEA 1412 — Concur 14
553		-	AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
554		-	1, 2024]: Sec. 7. (a) The board may review or obtain records from
555		-	a retail pet store that contain the information described in this
556		-	chapter and confirm that all dogs acquired by a retail pet store
557		-	meet the criteria established under section 6.5(a) of this chapter.
558		-	(b) A retail pet store shall, within thirty (30) days, provide the
559		-	board with electronic access to any requested records that contain
560		-	information required to verify disclosures and procedures
561		-	established by this chapter.
562		-	SECTION 28. IC 15-21-5.5 IS ADDED TO THE INDIANA CODE
563		-	AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
564		-	JULY 1, 2025]:
565		-	Chapter 5.5. Board Inspections
566		-	Sec. 1. The board shall determine the frequency of inspections
567		-	for the following:
568		-	(1) A commercial dog breeder.
569		-	(2) A commercial dog broker.
570		-	(3) A retail pet store.
571		-	Sec. 2. (a) The following entities are subject to random
572		-	unannounced inspections by the board:
573		-	(1) A commercial dog breeder.
574		-	(2) A commercial dog broker.
575		-	(3) A retail pet store.
576		-	(b) Subject to IC 15-17-3, the board may not inspect the same
577		-	entity more than one (1) time in a calendar year, unless an entity
578		-	fails an inspection and additional inspections are necessary to
579		-	protect the safety and well-being of the dogs.
580		-	SECTION 29. IC 15-21-6-2 IS ADDED TO THE INDIANA CODE
581		-	AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
582		-	1, 2024]: Sec. 2. (a) A unit may not prohibit a retail pet store from
583		-	selling dogs acquired from the following:
584		-	(1) A commercial dog breeder that meets the following
585		-	criteria:
586		-	(A) Is registered as required by IC 15-21-2-1.
	1020	+	Organization for Standardization (ISO).".
	1021	+	Page 15, line 11, delete "breeder." and insert "breeder that meets
	1022	+	the requirements in subdivision (4).".
	1023	+	Page 15, line 14, delete "breeder." and insert "that meets the
	1024	+	following criteria:
	1025	+	(A) Is registered as required by IC 15-21-3-2.7.
587	1026		(B) Is certified by a national science based breeder
588	1027		standards program.
589	1028		(C) Is audited by an independent auditing firm that
590	1029		complies with the applicable standards of the International
591		-	Organization for Standardization (ISO).
592		-	(2) A commercial dog broker that meets the following
593		-	criteria:
594		-	(A) Is registered as required by IC 15-21-2-1.
595		-	HEA 1412 — Concur 15
596		-	(B) Acquires dogs from the following sources:
597		-	(i) A commercial dog breeder that meets the
598		-	requirements established in subdivision (1).
599		-	(ii) A dog breeder or broker that is subject to 9 CFR 2.1
600		-	and has no direct violations for the previous two (2)
601		-	years.
602		-	(3) A dog breeder or broker that is subject to 9 CFR 2.1 and
603		-	has no direct violations for the previous two (2) years.
604		-	(b) A retail pet store may sell dogs from a commercial dog
605		-	breeder that is awaiting a final audit from the canine care certified
606		-	program until June 30, 2025.
607		-	(c) A commercial dog broker may acquire dogs from a
608		-	commercial dog breeder that is awaiting a final audit from the
609		-	canine care certified program until June 30, 2025.
610		-	(d) A retail pet store shall have an opportunity to take
611		-	corrective action under IC 15-21-5-6.5 before a local unit prevents
612		-	a retail pet store from selling dogs due to a violation under this
613		-	section.
614		-	(e) This section may not be construed to prohibit a unit from
615		-	adopting an ordinance or regulating a retail pet store for:
616		-	(1) inspections;
617		-	(2) business licenses; or
618		-	(3) other applicable local ordinances.
619		-	(f) Any ordinance that violates subsection (a) is void and
620		-	unenforceable. An ordinance adopted before July 1, 2024, becomes
621		-	void and unenforceable on July 1, 2024.
622		-	SECTION 30. IC 15-21-7-1, AS ADDED BY P.L.111-2009,
623		-	SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
624		-	JULY 1, 2024]: Sec. 1. (a) The board may enforce this article when the
625		-	board determines that sufficient funds have been deposited in the
626		-	commercial dog breeder and broker fund to permit enforcement.
627		-	(b) In enforcing this article, the board may:
628		-	(1) seek injunctive relief;
629		-	(2) issue an order of compliance notifying the commercial dog
630		-	breeder, or commercial dog broker, retail pet store, animal care
631		-	facility, or animal rescue operation of a violation and requiring
632		-	corrective action by a certain date; and
633		-	(3) impose a civil penalty of not more than:
634		-	(A) five hundred dollars ($500) for a knowing violation;
635		-	(B) one thousand dollars ($1,000) for an intentional violation;
636		-	and
637		-	(C) five thousand dollars ($5,000) for knowingly or
638		-	HEA 1412 — Concur 16
639		-	intentionally violating an injunction.
640		-	(c) The board may assess a civil penalty of ten thousand dollars
641		-	($10,000) per day for each day a violation is not corrected, plus
642		-	payment to the board for the costs incurred by the board as a
643		-	direct consequence of prosecution of the violation. All civil
644		-	penalties under this section shall be deposited in the commercial
645		-	dog breeder and broker fund established by IC 15-21-3-3.
646		-	(c) (d) The board may seek an injunction to prohibit a commercial
647		-	dog breeder from registering with the board for not more than three (3)
648		-	years.
649		-	(d) (e) Subsection (a) does not prohibit the board from assisting a
650		-	law enforcement agency in a criminal investigation.
651		-	SECTION 31. IC 15-21-7-2 IS ADDED TO THE INDIANA CODE
652		-	AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
653		-	1, 2024]: Sec. 2. (a) Nothing in this article shall be construed to
654		-	prohibit the board from exercising its statutory powers and duties
655		-	conferred under IC 15-17-3.
656		-	(b) The board may inspect and audit any:
657		-	(1) commercial dog breeder;
658		-	(2) commercial dog broker;
659		-	(3) retail pet store;
660		-	(4) animal care facility; or
661		-	(5) animal rescue operation;
662		-	that the board has reason to believe violates this article, or has
663		-	reason to believe that a higher frequency of inspections is necessary
664		-	for a high risk entity.
665		-	SECTION 32. IC 15-21-7-4 IS ADDED TO THE INDIANA CODE
666		-	AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
667		-	1, 2024]: Sec. 4. (a) A retail pet store operator that violates this
668		-	article commits a deceptive act that is actionable by the attorney
669		-	general or a consumer under IC 24-5-0.5-4 and is subject to the
670		-	remedies and penalties under IC 24-5-0.5.
671		-	(b) A retail pet store operator that misleads a consumer, by
672		-	contract or otherwise, with the intent to evade the requirements of
673		-	this article commits a deceptive act that is actionable by the
674		-	attorney general or a consumer under IC 24-5-0.5-4 and is subject
675		-	to the remedies and penalties under IC 24-5-0.5.
676		-	(c) Nothing in this article shall be construed to prevent a
677		-	consumer from filing a complaint as provided under IC 24-5-0.5-4.
678		-	SECTION 33. IC 24-5-0.5-3, AS AMENDED BY P.L.34-2022,
679		-	SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
680		-	JULY 1, 2024]: Sec. 3. (a) A supplier may not commit an unfair,
681		-	HEA 1412 — Concur 17
682		-	abusive, or deceptive act, omission, or practice in connection with a
683		-	consumer transaction. Such an act, omission, or practice by a supplier
684		-	is a violation of this chapter whether it occurs before, during, or after
685		-	the transaction. An act, omission, or practice prohibited by this section
686		-	includes both implicit and explicit misrepresentations.
687		-	(b) Without limiting the scope of subsection (a), the following acts,
688		-	and the following representations as to the subject matter of a
689		-	consumer transaction, made orally, in writing, or by electronic
690		-	communication, by a supplier, are deceptive acts:
691		-	(1) That such subject of a consumer transaction has sponsorship,
692		-	approval, performance, characteristics, accessories, uses, or
693		-	benefits it does not have which the supplier knows or should
694		-	reasonably know it does not have.
695		-	(2) That such subject of a consumer transaction is of a particular
696		-	standard, quality, grade, style, or model, if it is not and if the
697		-	supplier knows or should reasonably know that it is not.
698		-	(3) That such subject of a consumer transaction is new or unused,
699		-	if it is not and if the supplier knows or should reasonably know
700		-	that it is not.
701		-	(4) That such subject of a consumer transaction will be supplied
702		-	to the public in greater quantity than the supplier intends or
703		-	reasonably expects.
704		-	(5) That replacement or repair constituting the subject of a
705		-	consumer transaction is needed, if it is not and if the supplier
706		-	knows or should reasonably know that it is not.
707		-	(6) That a specific price advantage exists as to such subject of a
708		-	consumer transaction, if it does not and if the supplier knows or
709		-	should reasonably know that it does not.
710		-	(7) That the supplier has a sponsorship, approval, or affiliation in
711		-	such consumer transaction the supplier does not have, and which
712		-	the supplier knows or should reasonably know that the supplier
713		-	does not have.
714		-	(8) That such consumer transaction involves or does not involve
715		-	a warranty, a disclaimer of warranties, or other rights, remedies,
716		-	or obligations, if the representation is false and if the supplier
717		-	knows or should reasonably know that the representation is false.
718		-	(9) That the consumer will receive a rebate, discount, or other
719		-	benefit as an inducement for entering into a sale or lease in return
720		-	for giving the supplier the names of prospective consumers or
721		-	otherwise helping the supplier to enter into other consumer
722		-	transactions, if earning the benefit, rebate, or discount is
723		-	contingent upon the occurrence of an event subsequent to the time
724		-	HEA 1412 — Concur 18
725		-	the consumer agrees to the purchase or lease.
726		-	(10) That the supplier is able to deliver or complete the subject of
727		-	the consumer transaction within a stated period of time, when the
728		-	supplier knows or should reasonably know the supplier could not.
729		-	If no time period has been stated by the supplier, there is a
730		-	presumption that the supplier has represented that the supplier
731		-	will deliver or complete the subject of the consumer transaction
732		-	within a reasonable time, according to the course of dealing or the
733		-	usage of the trade.
734		-	(11) That the consumer will be able to purchase the subject of the
735		-	consumer transaction as advertised by the supplier, if the supplier
736		-	does not intend to sell it.
737		-	(12) That the replacement or repair constituting the subject of a
738		-	consumer transaction can be made by the supplier for the estimate
739		-	the supplier gives a customer for the replacement or repair, if the
740		-	specified work is completed and:
741		-	(A) the cost exceeds the estimate by an amount equal to or
742		-	greater than ten percent (10%) of the estimate;
743		-	(B) the supplier did not obtain written permission from the
744		-	customer to authorize the supplier to complete the work even
745		-	if the cost would exceed the amounts specified in clause (A);
746		-	(C) the total cost for services and parts for a single transaction
747		-	is more than seven hundred fifty dollars ($750); and
748		-	(D) the supplier knew or reasonably should have known that
749		-	the cost would exceed the estimate in the amounts specified in
750		-	clause (A).
751		-	(13) That the replacement or repair constituting the subject of a
752		-	consumer transaction is needed, and that the supplier disposes of
753		-	the part repaired or replaced earlier than seventy-two (72) hours
754		-	after both:
755		-	(A) the customer has been notified that the work has been
756		-	completed; and
757		-	(B) the part repaired or replaced has been made available for
758		-	examination upon the request of the customer.
759		-	(14) Engaging in the replacement or repair of the subject of a
760		-	consumer transaction if the consumer has not authorized the
761		-	replacement or repair, and if the supplier knows or should
762		-	reasonably know that it is not authorized.
763		-	(15) The act of misrepresenting the geographic location of the
764		-	supplier by listing an alternate business name or an assumed
765		-	business name (as described in IC 23-0.5-3-4) in a local telephone
766		-	directory if:
767		-	HEA 1412 — Concur 19
768		-	(A) the name misrepresents the supplier's geographic location;
769		-	(B) the listing fails to identify the locality and state of the
770		-	supplier's business;
771		-	(C) calls to the local telephone number are routinely forwarded
772		-	or otherwise transferred to a supplier's business location that
773		-	is outside the calling area covered by the local telephone
774		-	directory; and
775		-	(D) the supplier's business location is located in a county that
776		-	is not contiguous to a county in the calling area covered by the
777		-	local telephone directory.
778		-	(16) The act of listing an alternate business name or assumed
779		-	business name (as described in IC 23-0.5-3-4) in a directory
780		-	assistance data base if:
781		-	(A) the name misrepresents the supplier's geographic location;
782		-	(B) calls to the local telephone number are routinely forwarded
783		-	or otherwise transferred to a supplier's business location that
784		-	is outside the local calling area; and
785		-	(C) the supplier's business location is located in a county that
786		-	is not contiguous to a county in the local calling area.
787		-	(17) The violation by a supplier of IC 24-3-4 concerning
788		-	cigarettes for import or export.
789		-	(18) The act of a supplier in knowingly selling or reselling a
790		-	product to a consumer if the product has been recalled, whether
791		-	by the order of a court or a regulatory body, or voluntarily by the
792		-	manufacturer, distributor, or retailer, unless the product has been
793		-	repaired or modified to correct the defect that was the subject of
794		-	the recall.
795		-	(19) The violation by a supplier of 47 U.S.C. 227, including any
796		-	rules or regulations issued under 47 U.S.C. 227.
797		-	(20) The violation by a supplier of the federal Fair Debt
798		-	Collection Practices Act (15 U.S.C. 1692 et seq.), including any
799		-	rules or regulations issued under the federal Fair Debt Collection
800		-	Practices Act (15 U.S.C. 1692 et seq.).
801		-	(21) A violation of IC 24-5-7 (concerning health spa services), as
802		-	set forth in IC 24-5-7-17.
803		-	(22) A violation of IC 24-5-8 (concerning business opportunity
804		-	transactions), as set forth in IC 24-5-8-20.
805		-	(23) A violation of IC 24-5-10 (concerning home consumer
806		-	transactions), as set forth in IC 24-5-10-18.
807		-	(24) A violation of IC 24-5-11 (concerning real property
808		-	improvement contracts), as set forth in IC 24-5-11-14.
809		-	(25) A violation of IC 24-5-12 (concerning telephone
810		-	HEA 1412 — Concur 20
811		-	solicitations), as set forth in IC 24-5-12-23.
812		-	(26) A violation of IC 24-5-13.5 (concerning buyback motor
813		-	vehicles), as set forth in IC 24-5-13.5-14.
814		-	(27) A violation of IC 24-5-14 (concerning automatic
815		-	dialing-announcing devices), as set forth in IC 24-5-14-13.
816		-	(28) A violation of IC 24-5-15 (concerning credit services
817		-	organizations), as set forth in IC 24-5-15-11.
818		-	(29) A violation of IC 24-5-16 (concerning unlawful motor
819		-	vehicle subleasing), as set forth in IC 24-5-16-18.
820		-	(30) A violation of IC 24-5-17 (concerning environmental
821		-	marketing claims), as set forth in IC 24-5-17-14.
822		-	(31) A violation of IC 24-5-19 (concerning deceptive commercial
823		-	solicitation), as set forth in IC 24-5-19-11.
824		-	(32) A violation of IC 24-5-21 (concerning prescription drug
825		-	discount cards), as set forth in IC 24-5-21-7.
826		-	(33) A violation of IC 24-5-23.5-7 (concerning real estate
827		-	appraisals), as set forth in IC 24-5-23.5-9.
828		-	(34) A violation of IC 24-5-26 (concerning identity theft), as set
829		-	forth in IC 24-5-26-3.
830		-	(35) A violation of IC 24-5.5 (concerning mortgage rescue fraud),
831		-	as set forth in IC 24-5.5-6-1.
832		-	(36) A violation of IC 24-8 (concerning promotional gifts and
833		-	contests), as set forth in IC 24-8-6-3.
834		-	(37) A violation of IC 21-18.5-6 (concerning representations
835		-	made by a postsecondary credit bearing proprietary educational
836		-	institution), as set forth in IC 21-18.5-6-22.5.
837		-	(38) A violation of IC 24-5-15.5 (concerning collection actions of
838		-	a plaintiff debt buyer), as set forth in IC 24-5-15.5-6.
839		-	(39) A violation of IC 24-14 (concerning towing services), as set
840		-	forth in IC 24-14-10-1.
841		-	(40) A violation of IC 24-5-14.5 (concerning misleading or
842		-	inaccurate caller identification information), as set forth in
843		-	IC 24-5-14.5-12.
844		-	(41) A violation of IC 24-5-27 (concerning intrastate inmate
845		-	calling services), as set forth in IC 24-5-27-27.
846		-	(42) A violation of IC 15-21 (concerning sales of dogs by retail
847		-	pet stores), as set forth in IC 15-21-7-4.
848		-	(c) Any representations on or within a product or its packaging or
849		-	in advertising or promotional materials which would constitute a
850		-	deceptive act shall be the deceptive act both of the supplier who places
851		-	such representation thereon or therein, or who authored such materials,
852		-	and such other suppliers who shall state orally or in writing that such
853		-	HEA 1412 — Concur 21
854		-	representation is true if such other supplier shall know or have reason
855		-	to know that such representation was false.
856		-	(d) If a supplier shows by a preponderance of the evidence that an
857		-	act resulted from a bona fide error notwithstanding the maintenance of
858		-	procedures reasonably adopted to avoid the error, such act shall not be
859		-	deceptive within the meaning of this chapter.
860		-	(e) It shall be a defense to any action brought under this chapter that
861		-	the representation constituting an alleged deceptive act was one made
862		-	in good faith by the supplier without knowledge of its falsity and in
863		-	reliance upon the oral or written representations of the manufacturer,
864		-	the person from whom the supplier acquired the product, any testing
865		-	organization, or any other person provided that the source thereof is
866		-	disclosed to the consumer.
867		-	(f) For purposes of subsection (b)(12), a supplier that provides
868		-	estimates before performing repair or replacement work for a customer
869		-	shall give the customer a written estimate itemizing as closely as
870		-	possible the price for labor and parts necessary for the specific job
871		-	before commencing the work.
872		-	(g) For purposes of subsection (b)(15) and (b)(16), a telephone
873		-	company or other provider of a telephone directory or directory
874		-	assistance service or its officer or agent is immune from liability for
875		-	publishing the listing of an alternate business name or assumed
876		-	business name of a supplier in its directory or directory assistance data
877		-	base unless the telephone company or other provider of a telephone
878		-	directory or directory assistance service is the same person as the
879		-	supplier who has committed the deceptive act.
880		-	(h) For purposes of subsection (b)(18), it is an affirmative defense
881		-	to any action brought under this chapter that the product has been
882		-	altered by a person other than the defendant to render the product
883		-	completely incapable of serving its original purpose.
884		-	HEA 1412 — Concur Speaker of the House of Representatives
885		-	President of the Senate
886		-	President Pro Tempore
887		-	Governor of the State of Indiana
888		-	Date: Time:
889		-	HEA 1412 — Concur
	1030	+	Organization for Standardization (ISO).".
	1031	+	EH 1412—LS 6515/DI 150 25
	1032	+	Page 22, delete lines 5 through 19.
	1033	+	Renumber all SECTIONS consecutively.
	1034	+	(Reference is to HB 1412 as printed January 22, 2024.)
	1035	+	BAUER M
	1036	+	_____
	1037	+	COMMITTEE REPORT
	1038	+	Madam President: The Senate Committee on Agriculture, to which
	1039	+	was referred House Bill No. 1412, has had the same under
	1040	+	consideration and begs leave to report the same back to the Senate with
	1041	+	the recommendation that said bill be AMENDED as follows:
	1042	+	Page 7, delete lines 28 through 32.
	1043	+	Page 8, delete lines 17 through 20.
	1044	+	Page 8, line 21, delete "(f)" and insert "(e)".
	1045	+	Page 8, line 29, delete "(g)" and insert "(f)".
	1046	+	Page 10, delete lines 13 through 42.
	1047	+	Page 14, line 26, delete "9 CFR 3.1" and insert "9 CFR 2.1".
	1048	+	Page 14, delete lines 29 through 30.
	1049	+	Page 14, line 31, delete "9 CFR 3.1" and insert "9 CFR 2.1".
	1050	+	Page 14, delete lines 33 through 39.
	1051	+	Page 16, line 14, delete "9 CFR 3.1" and insert "9 CFR 2.1".
	1052	+	Page 16, delete lines 17 through 18.
	1053	+	Page 16, line 19, delete "9 CFR 3.1" and insert "9 CFR 2.1".
	1054	+	Page 16, delete lines 21 through 27.
	1055	+	Page 18, delete lines 4 through 13.
	1056	+	Renumber all SECTIONS consecutively.
	1057	+	and when so amended that said bill do pass.
	1058	+	(Reference is to HB 1412 as reprinted January 26, 2024.)
	1059	+	LEISING, Chairperson
	1060	+	Committee Vote: Yeas 6, Nays 2.
	1061	+	EH 1412—LS 6515/DI 150