LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
200 W. Washington St., Suite 301
Indianapolis, IN 46204
(317) 233-0696
iga.in.gov
FISCAL IMPACT STATEMENT
LS 7097 NOTE PREPARED: Feb 11, 2021
BILL NUMBER: HB 1398 BILL AMENDED: Feb 11, 2021
SUBJECT: Direct Contact with Specified Animals.
FIRST AUTHOR: Rep. Abbott BILL STATUS: CR Adopted - 1st House
FIRST SPONSOR:
FUNDS AFFECTED: X GENERAL IMPACT: State & Local
X DEDICATED
FEDERAL
Summary of Legislation: (Amended) The bill provides for the definitions of the terms "proximity" and
"trained". It provides that the definition of "direct contact" includes proximity between the public and the
specified animal creating the likelihood of physical contact between the public and the specified animal, and
excludes additional individuals from the term. The bill prohibits a person that owns or possesses a specified
animal from allowing a member of the public to come into direct contact with the specified animal. It
establishes a criminal penalty for a violation of the law.
Effective Date: Upon passage.
Explanation of State Expenditures: The bill allows the Natural Resources Commission (NRC) to adopt
rules to implement the new provisions. Adoption of rules is a routine administrative function of the NRC and
should not require additional resources.
Explanation of State Revenues: Penalty Provision: The bill establishes a Class A misdemeanor for the
owner of a specified animal who knowingly or intentionally allows a member of the public to come into
direct contact with the specified animal. If additional court cases occur and fines are collected, revenue to
both the Common School Fund (from fines) and the state General Fund (from court fees) would increase.
The maximum fine for a Class A misdemeanor is $5,000. However, any additional revenue would likely be
small.
The number of specified animals listed in the bill that are owned by Indiana residents is unknown. There are
currently 594 wild animal possession permits, only 10 of which are for animals listed in the bill. However,
HB 1398 1
the bill also includes as a “specified animal” any animal designated under a rule by the NRC and will depend
on which animals the NRC determines by rule. NRC rules currently classify wild animals under three classes.
Class III wild animals are wild animals that “present a real or potential threat to human safety.” Of the 594
wild animal possession permits, 110 are for Class III wild animals.
Explanation of Local Expenditures: Penalty Provision: A Class A misdemeanor is punishable by up to one
year in jail.
Explanation of Local Revenues: Penalty Provision: If additional court actions occur and a guilty verdict
is entered, local governments would receive revenue from court fees. However, any change in revenue would
likely be small.
State Agencies Affected: Department of Natural Resources, Natural Resources Commission.
Local Agencies Affected: Trial courts, local law enforcement agencies.
Information Sources: David Bausman, Department of Natural Resources.
Fiscal Analyst: Heather Puletz, 317-234-9484.
HB 1398 2
HB 1398 3