Indiana Introduces Age Requirement And Liability Laws

[Kevin]

INDIANA INTRODUCES AGE REQUIREMENT AND LIABILITY LAWS


The Issue.
Legislation has been introduced in Indiana setting minimum age requirements on the sale of dogs, birds and rabbits and proposing dog bite liability laws. Senate Bill 190 would impose strict penalties for violations of these laws.
The Impact.

AGE REQUIREMENTS – COLOR ALTERATION
Senate Bill 190 sets forth minimum age requirements for dogs, birds and rabbits. It states that a person may not import or export from Indiana for sale any dog under eight weeks old, unless the dog is transported with its dam. Also, a person may not sell a bird under three weeks old or a rabbit under the age of two months. Anyone who sells a bird or rabbit under these ages
would be guilty of a Class B misdemeanor. This covers breeders, distributors and retailers.

The proposed age requirements for dogs do not apply to research facilities that are licensed under the federal Laboratory Animal Welfare Act. The bird and rabbit requirements do not apply to commercial breeders whose facilities are adequately equipped for the care of young birds and rabbits. Additionally, any person who dyes, stains or alters the natural coloring of a bird or rabbit is also guilty of a Class B misdemeanor. The penalty for violating these restrictions is up to $25,000 for each day of the violation and payment to the board for costs incurred by the board as a direct consequence of prosecution for the violation.

DOG BITE LIABILITY
If a dog, without provocation, bites a person who is acting peaceably and is in a location where the person may be required to be in order to carry out a duty imposed upon that person by the laws of Indiana, laws of the U.S. or postal regulations of the U.S. (postal workers), the owner of the dog is liable for all damages suffered by the person bitten. “Owner” is defined as “owner
of a dog, including a person who is in possession, harbors or keeps a dog”. The owner of the dog is liable for damages even if the dog has never before behaved in a vicious manner or the owner has no knowledge of prior vicious behavior by the dog. January 17, 2008 (IN SB 190)2


Owners would be liable for different penalties apply for different circumstances as follows:
• Class D misdemeanor
o Owner recklessly violates these laws and it results in the death of a person.
• Class C misdemeanor
o Owner recklessly, knowingly or intentionally fails to take reasonable steps to
restrain the dog;
o Dog enters property other than property of the dog’s owner; and
o As a result the owner’s failure to restrain the dog, the dog bites or attacks a person
without provocation resulting in bodily injury or death.
• Class B misdemeanor
o Person charged has been conviction of one previous unrelated violation.
• Class A misdemeanor
o Person charged has been conviction of one previous unrelated violation; or
o Violation results in serious bodily injury to a person.

This does not apply to a non-aggressive dog that goes beyond the owner’s premises onto agricultural or forested land. (NOTE: Coydogs and wolf hybrids are also included under this bill. Coydog is defined as “an animal that is the offspring of a coyote and another animal”. “Wolf hybrid” is “the offspring of a
wolf and another animal”. It is important to note that owners of these animals are liable when these animals cause damage to livestock or personal property of another person.)


Recommended Action.
Senate Bill 190 covers a wide range of pet related issues. It has been introduced and currently sits in the Senate Agriculture & Small Business Committee and has been set for hearing on January 23, 2008, in Hearing Room 431 at 8:00 a.m. If you have any concerns about this bill please contact the committee members. If you have any additional questions please feel free to contact PIJAC’s Michael Maddox by phone at 202-452-1525 or by email at mmaddox@pijac.org. Those who are not members of PIJAC and desire further information about membership may phone Nancy Knutson at 1-800-
553-PETS (7387) or visit the PIJAC website at PIJAC Home Page - Pet Industry Joint Advisory Council.


State of Indiana
Senate Agriculture & Small Business
State Capitol
Indianapolis, IN

[birdlady49]

I thought that was already a federal law? Yippee for Indiana!

[catschair]

Good job! Did I mention I got a degree at the Purdue vet school? Love them Hoosier folks!

[birdlady49]

Originally Posted by catschair

Good job! Did I mention I got a degree at the Purdue vet school? Love them Hoosier folks!

Really? Tell us about your schooling there.

[catschair]

My PhD is actually in veterinary pharmacology. During the course of my education and research I taught nursing students, medical students, pharmacy students and the vet students. Must confess that my inclination would be to trust the vet to look out for me if I was unconscious.