[ SHOWGSD-L ] MANDATORY Microchipping - IN- House Bill 1719

  • From: "Ginger Cleary" <cleary1414@xxxxxxxxxxx>
  • To: "Showgsd-L@Freelists. Org" <showgsd-l@xxxxxxxxxxxxx>
  • Date: Wed, 20 Jun 2007 10:48:18 -0400


 Ginger Cleary,Rome, GA  ww.rihadin.com <http://www.rihadin.com>
Those who expect to reap the blessings of freedom, must, like men, undergo
the fatigue of supporting it.  ~Thomas Paine
Member GSDCA
Member Sawnee Mtn Kennel Club
GA Director Responsible Dog Owners of the Eastern States.



-----Original Message-----

Introduced Version

HOUSE BILL No. 1719

DIGEST OF INTRODUCED BILL

Citations Affected: IC 6-9-39-5; IC 15-5-9.1.

Synopsis: Dog control measures. Requires that dogs be
implanted with a microchip that contains a registered
identification number and can be read with a standard
scanner. Requires that the registration information be
updated when necessary. Requires the owners of certain
dogs that are not neutered or spayed to pay an annual
fee to the county dog fund. Provides for the annual
fee to be collected using the same method the county
elects to collect the dog tax. Requires each county to
establish a county dog fund. Requires the owner of a
dog that is not spayed or neutered to post a warning
sign on the premises where the dog is kept.
Establishes penalties for noncompliance. Allows a
county, city, or town to adopt a dog control ordinance
that is more restrictive than state law.


Effective: July 1, 2007.




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Bardon

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    January 26, 2007, read first time and referred to
Committee on Rules and Legislative Procedures.







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Introduced



First Regular Session 115th General Assembly (2007)


PRINTING CODE. Amendments: Whenever an existing
statute (or a section of the Indiana Constitution) is
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style type or this style type reconciles conflicts
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of the General Assembly.

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HOUSE BILL No. 1719

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    A BILL FOR AN ACT to amend the Indiana Code
concerning agriculture and animals.


Be it enacted by the General Assembly of the State of
Indiana:

SOURCE: IC 6-9-39-5; (07)IN1719.1.1. -->     SECTION
1. IC 6-9-39-5, AS ADDED BY P.L.162-2006, SECTION 36,
IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2007]: Sec. 5. (a) The fiscal body of a county may
collect a county option dog tax imposed under section
3 of this chapter and shall collect the fee required
under IC 15-5-9.1 by any combination of the following
methods:
        (1) By designating one (1) or more persons in
the county to collect the tax and fee.
        (2) By requiring a person who harbors or keeps
a taxable dog to submit a complete and accurate county
option dog tax return.
        (3) By a method other than a method described
in subdivision (1) or (2) as determined by the fiscal
body of the county.
    (b) A designee under subsection (a)(1) may retain
a fee from each of the following:
        (1) The tax collected for each taxable dog. in
an
         (2) The fee required under IC 15-5-9.1.
The amount of the fee that may be retained by the
designee shall be
determined by the fiscal body but may not to exceed
seventy-five cents ($0.75). A designee shall remit the
balance of the money collected to the county treasurer
by the tenth day of each month.
    (c) If a fiscal body chooses to collect a county
option dog tax imposed under section 3 of this chapter
by requiring the submission of a county option dog tax
return under subsection (a), (a)(2), the county
treasurer may include a county option dog tax return
form with every property tax statement that is mailed
to a person under IC 6-1.1-22-8(a)(1).
    (d) The department of local government finance
shall prescribe a county option dog tax return form
that a county may use under subsection (a)(2) for the
reporting collection from dog owners of the county
option dog tax liability and the fee required under IC
15-5-9.1.

SOURCE: IC 15-5-9.1; (07)IN1719.1.2. -->     SECTION
2. IC 15-5-9.1 IS ADDED TO THE INDIANA CODE AS A NEW
CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]:
     Chapter 9.1. Dog Control
    Sec. 1. This chapter does not apply to the
following:
        (1) A dog that is in an animal care facility.
        (2) A dog that is less than six (6) months of
age.
        (3) A dog that is maintained as part of a
zoological park (as defined in IC 14-22-26-2).
        (4) A dog at a veterinary clinic or hospital.
        (5) A dog that is licensed in another state
and is not in Indiana for more than thirty (30)
consecutive days.
    Sec. 2. As used in this chapter, "animal care
facility" means an animal control center, an animal
shelter, a humane society, or another animal
impounding facility that has as its purpose the humane
treatment of animals.
    Sec. 3. As used in this chapter, "dog" means an
animal of the canine species.
    Sec. 4. As used in this chapter, "owner" means a
person who owns, harbors, or keeps a dog.
    Sec. 5. (a) An owner's dog must be implanted with
a microchip that:
        (1) contains a registered identification
number; and
        (2) can be read with a standard microchip
scanner.
    (b) The owner of a dog that is implanted with a
microchip must be listed on the microchip registration
as the primary contact person for the dog. If, because
of a change, the contact information for the microchip
registration is no longer accurate, the owner
must notify the company that maintains the dog's
microchip registration of the change within thirty
(30) days after the change occurs.
    (c) The board of animal health may adopt rules
under IC 4-22-2 establishing standards for microchips
and microchip scanners that comply with this section.
    Sec. 6. (a) An owner shall annually pay a fee of
fifty dollars ($50) for each of the owner's dogs that
is not spayed or neutered.
    (b) Notwithstanding subsection (a), an owner is
not required to pay the fee for a dog that is not
spayed or neutered if a veterinarian determines that
the dog has a medical condition that reasonably
requires postponement of the spaying or neutering
until the spaying or neutering can be performed in a
safe and humane manner.
    (c) The county shall collect the fee required
under this section using a method adopted under IC
6-9-39-5(a). The money collected under this section
must be deposited in the county dog fund established
under section 7 of this chapter.
    Sec. 7. (a) The auditor of each county shall
establish a county dog fund. The county treasurer
shall deposit all money collected under section 6 of
this chapter into the fund.
    (b) The fiscal body of a county may use the money
in the county dog fund for the following purposes:
        (1) Medical expenses of dog bite victims.
        (2) Microchips for dogs.
        (3) Spaying and neutering of dogs.
        (4) Purchasing microchip scanners.
        (5) Community educational programs concerning
responsible dog ownership, including spaying,
neutering, microchips, and safety issues.
    (c) The county dog fund established under
subsection (a) shall be administered by the county
treasurer, and the expenses of administering the fund
shall be paid from money in the fund. Money in the
fund not currently needed to meet the obligations of
the fund may be invested in the same manner as other
public funds may be invested. Interest that accrues
from these investments shall be deposited in the fund.
Money in the fund at the end of a fiscal year does not
revert to the county general fund.
    (d) As used in this subsection, "fund cap" means
the greater of the following:
        (1) The average annual amount deposited into
the county dog fund, calculated using amounts
deposited the previous three

(3) years.
        (2) Twenty-five thousand dollars ($25,000).
Beginning December 31, 2010, if at the end of a fiscal
year the amount in the county dog fund exceeds the
fund cap, the county treasurer shall deposit the money
that is in excess of the fund cap into the county
general fund.
    Sec. 8. The owner of a dog that is not spayed or
neutered shall post a clearly visible sign
conspicuously on the premises where the dog is kept
that:
        (1) states "BEWARE OF DOG"; and
        (2) contains a warning symbol for children.
    Sec. 9. A person who violates section 5, 6, or 8
of this chapter commits a Class C infraction.
    Sec. 10. This chapter does not prohibit a county,
city, or town from adopting an ordinance imposing dog
control measures more restrictive than this chapter.



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