Bill Text: IN SB0498 | 2011 | Regular Session | Amended
Bill Title: Ginseng.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2011-03-28 - First reading: referred to Committee on Select Committee on Government Reduction [SB0498 Detail]
Download: Indiana-2011-SB0498-Amended.html
February 4, 2011
SENATE BILL No. 498
_____
DIGEST OF SB 498
(Updated January 31, 2011 12:47 pm - DI 116)
Citations Affected: IC 14-8; IC 14-31.
Synopsis: Ginseng. Requires a person to be licensed to grow or
harvest ginseng. Establishes separate licenses for individuals and
business entities that are ginseng dealers. Requires a ginseng grower
to provide the department of natural resources (DNR) with an annual
summary of the grower's cultivated ginseng harvest. Prohibits the
possession of wild ginseng by a harvester except during the harvest
season, unless approved by DNR. Prohibits the purchase, sale, or
possession of wild ginseng by a ginseng dealer except during the time
established by DNR, unless approved by DNR. (Current law applies to
all ginseng.) Requires the natural resources commission to establish
certain document requirements to be used by ginseng dealers,
harvesters, and growers. Allows the commission to set license fees
above the amount prescribed. Make certain conforming changes.
Effective: July 1, 2011.
Young R, Mishler
January 13, 2011, read first time and referred to Committee on Agriculture and Natural
Resources.
February 3, 2011, amended, reported favorably _ Do Pass.
February 4, 2011
First Regular Session 117th General Assembly (2011)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
SENATE BILL No. 498
A BILL FOR AN ACT to amend the Indiana Code concerning
natural and cultural resources.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 14-8-2-62.6; (11)SB0498.1.1. -->
SECTION 1. IC 14-8-2-62.6 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]: Sec. 62.6 "Cultivated ginseng", for purposes of
IC 14-31-3, has the meaning set forth in IC 14-31-3-1.5.
SOURCE: IC 14-8-2-116.1; (11)SB0498.1.2. -->
SECTION 2. IC 14-8-2-116.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 116.1. "Ginseng grower", for
purposes of IC 14-31-3, has the meaning set forth in IC 14-31-3-3.3.
SOURCE: IC 14-8-2-116.3; (11)SB0498.1.3. -->
SECTION 3. IC 14-8-2-116.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 116.3. "Ginseng harvester", for
purposes of IC 14-31-3, has the meaning set forth in IC 14-31-3-3.6.
SOURCE: IC 14-8-2-202; (11)SB0498.1.4. -->
SECTION 4. IC 14-8-2-202 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 202. (a) "Person"
means, except as provided in subsections (b) through (j), an individual,
a partnership, an association, a fiduciary, an executor or administrator,
a limited liability company, or a corporation.
(b) "Person", for purposes of IC 14-12-2, has the meaning set forth in IC 14-12-2-3.
(c) "Person", for purposes of IC 14-16, IC 14-22-28, IC 14-24, IC 14-26-2, IC 14-28-1, IC 14-28-3, IC 14-29-6, and IC 14-38-2, means an individual, a partnership, an association, a fiduciary, an executor or administrator, a limited liability company, a corporation, other legal entity, the state, or an agency, a political subdivision, or another instrumentality of the state.
(d) "Person", for purposes of IC 14-12-1, IC 14-12-2, IC 14-20-1, IC 14-21, IC 14-25 through IC 14-29, except as otherwise provided in this section, IC 14-33, IC 14-34, and IC 14-37, means an individual, a partnership, an association, a fiduciary, an executor or administrator, a limited liability company, a corporation, or a governmental entity.
(e) "Person", for purposes of IC 14-22-31.5, has the meaning set forth in IC 14-22-31.5-2.
(f) "Person", for purposes of IC 14-25-3, has the meaning set forth in IC 14-25-3-1.
(g) "Person", for the purposes of IC 14-25-7, has the meaning set forth in IC 14-25-7-5.
(h) "Person", for purposes of IC 14-31-3, has the meaning set forth in IC 14-31-3-4.3.
(h) (i) "Person", for purposes of IC 14-34, means an individual, a
partnership, a limited liability company, an association, a society, a
joint stock company, a firm, a company, a corporation, or other
business organization.
(i) (j) "Person", for purposes of IC 14-38-1, has the meaning set
forth in IC 14-38-1-2.
(j) (k) "Person", for purposes of IC 14-24-12, has the meaning set
forth in IC 14-24-12-4.
(b) "Person", for purposes of IC 14-12-2, has the meaning set forth in IC 14-12-2-3.
(c) "Person", for purposes of IC 14-16, IC 14-22-28, IC 14-24, IC 14-26-2, IC 14-28-1, IC 14-28-3, IC 14-29-6, and IC 14-38-2, means an individual, a partnership, an association, a fiduciary, an executor or administrator, a limited liability company, a corporation, other legal entity, the state, or an agency, a political subdivision, or another instrumentality of the state.
(d) "Person", for purposes of IC 14-12-1, IC 14-12-2, IC 14-20-1, IC 14-21, IC 14-25 through IC 14-29, except as otherwise provided in this section, IC 14-33, IC 14-34, and IC 14-37, means an individual, a partnership, an association, a fiduciary, an executor or administrator, a limited liability company, a corporation, or a governmental entity.
(e) "Person", for purposes of IC 14-22-31.5, has the meaning set forth in IC 14-22-31.5-2.
(f) "Person", for purposes of IC 14-25-3, has the meaning set forth in IC 14-25-3-1.
(g) "Person", for the purposes of IC 14-25-7, has the meaning set forth in IC 14-25-7-5.
(h) "Person", for purposes of IC 14-31-3, has the meaning set forth in IC 14-31-3-4.3.
SOURCE: IC 14-8-2-215.5; (11)SB0498.1.5. -->
SECTION 5. IC 14-8-2-215.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 215.5. "Processed ginseng", for
purposes of IC 14-31-3, has the meaning set forth in IC 14-31-3-4.6.
SOURCE: IC 14-8-2-250; (11)SB0498.1.6. -->
SECTION 6. IC 14-8-2-250 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 250. "Selling season",
for purposes of IC 14-31-3-9, IC 14-31-3, has the meaning set forth in
IC 14-31-3-9. IC 14-31-3-5.5.
SOURCE: IC 14-31-3-1.5; (11)SB0498.1.7. -->
SECTION 7. IC 14-31-3-1.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]: Sec. 1.5. As used in this chapter, "cultivated ginseng"
means any ginseng that is grown in a tilled bed:
(1) under shading structures; or
(2) under natural shade.
(1) under shading structures; or
(2) under natural shade.
SOURCE: IC 14-31-3-2; (11)SB0498.1.8. -->
SECTION 8. IC 14-31-3-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 2. (a) As used in this
chapter, "ginseng" refers to American ginseng (Panax quinquefolius
L.).
(b) The term does not include ginseng that is:
(1)ready processed ginseng for consumption; and
(2) sold or bought at retail.
(b) The term does not include ginseng that is:
(1)
(2) sold or bought at retail.
SOURCE: IC 14-31-3-3; (11)SB0498.1.9. -->
SECTION 9. IC 14-31-3-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 3. (a) As used in this
chapter, "ginseng dealer" means a person who buys ginseng roots in
Indiana from ginseng harvesters. or other ginseng dealers for resale or
exportation.
(b) The term does not include a person who sells solely for domestic
consumption.
SOURCE: IC 14-31-3-3.3; (11)SB0498.1.10. -->
SECTION 10. IC 14-31-3-3.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 3.3. As used in this chapter,
"ginseng grower" means a person that plants or grows cultivated
ginseng.
SOURCE: IC 14-31-3-3.6; (11)SB0498.1.11. -->
SECTION 11. IC 14-31-3-3.6 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 3.6. As used in this chapter,
"ginseng harvester" means a person who harvests wild ginseng.
SOURCE: IC 14-31-3-4.3; (11)SB0498.1.12. -->
SECTION 12. IC 14-31-3-4.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 4.3. As used in this chapter,
"person" means an individual or a business entity.
SOURCE: IC 14-31-3-4.6; (11)SB0498.1.13. -->
SECTION 13. IC 14-31-3-4.6 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 4.6. (a) As used in this chapter,
"processed ginseng" means cultivated or wild ginseng that:
(1) has been chopped, cut, ground, or otherwise made unfit for the wild ginseng trade; and
(2) is ready for consumption, or sold or bought at retail.
(b) The term does not include whole ginseng roots.
(1) has been chopped, cut, ground, or otherwise made unfit for the wild ginseng trade; and
(2) is ready for consumption, or sold or bought at retail.
(b) The term does not include whole ginseng roots.
SOURCE: IC 14-31-3-5.5; (11)SB0498.1.14. -->
SECTION 14. IC 14-31-3-5.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 5.5. As used in this chapter,
"selling season" means the season established by the commission
under section 14(b)(2) of this chapter.
SOURCE: IC 14-31-3-7; (11)SB0498.1.15. -->
SECTION 15. IC 14-31-3-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 7. A person must have
a license issued by the department to be a act as any of the following:
(1) An individual ginseng dealer. in Indiana.
(2) A business entity ginseng dealer.
(3) A ginseng harvester.
(4) A ginseng grower.
SOURCE: IC 14-31-3-8; (11)SB0498.1.16. -->
SECTION 16. IC 14-31-3-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 8. (a) To obtain or
renew a ginseng dealer's license, a person must do the following:
(1) Apply to the departmentfor the license in the manner
prescribed by the department.
(2) Paya the license fee of one hundred dollars ($100) before
August 15 of each year. established by the commission under
section 14.5 of this chapter.
(b) A ginseng dealer's license expires annually on issued under this
subsection is effective for one (1) year, from September 1 through
August 31. To renew a ginseng dealer's license, a person must apply
under subdivision (1) and pay the license fee under subdivision (2)
not later than the August 15 immediately preceding the license's
expiration date.
(b) To obtain a ginseng harvester's license, a person must do the following:
(1) Apply to the department in the manner prescribed by the department.
(2) Pay the license fee established by the commission under section 14.5 of this chapter.
A ginseng harvester's license issued under this subsection is valid only for the duration of the harvest season.
(c) To obtain or renew a ginseng grower's license, a person must do the following:
(1) Apply to the department for the license in the manner prescribed by the department.
(2) Pay the license fee established by the commission under section 14.5 of this chapter.
A ginseng grower's license issued under this subsection is effective for one (1) year, from September 1 through August 31. To renew a ginseng grower's license, a person must apply under subdivision (1) and pay the license fee under subdivision (2) not later than the August 15 immediately preceding the license's expiration date.
(d) The director and authorized agents appointed by the director may issue ginseng dealer, harvester, and grower licenses.
(e) Each ginseng dealer, harvester, and grower license must be
(1) Apply to the department
(2) Pay
(b) To obtain a ginseng harvester's license, a person must do the following:
(1) Apply to the department in the manner prescribed by the department.
(2) Pay the license fee established by the commission under section 14.5 of this chapter.
A ginseng harvester's license issued under this subsection is valid only for the duration of the harvest season.
(c) To obtain or renew a ginseng grower's license, a person must do the following:
(1) Apply to the department for the license in the manner prescribed by the department.
(2) Pay the license fee established by the commission under section 14.5 of this chapter.
A ginseng grower's license issued under this subsection is effective for one (1) year, from September 1 through August 31. To renew a ginseng grower's license, a person must apply under subdivision (1) and pay the license fee under subdivision (2) not later than the August 15 immediately preceding the license's expiration date.
(d) The director and authorized agents appointed by the director may issue ginseng dealer, harvester, and grower licenses.
(e) Each ginseng dealer, harvester, and grower license must be
in a form prescribed by the director. The director may furnish
authorized agents with all necessary equipment needed to issue a
license.
(f) A dealer, harvester, or grower license purchased
electronically is valid only with the original signature of the
licensee on the form prescribed by the director. The licensee's
signature serves as an affidavit that the license information is true
and accurate.
SOURCE: IC 14-31-3-8.2; (11)SB0498.1.17. -->
SECTION 17. IC 14-31-3-8.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 8.2. An individual who holds a
ginseng dealer's license may buy and sell wild ginseng in Indiana.
SOURCE: IC 14-31-3-8.4; (11)SB0498.1.18. -->
SECTION 18. IC 14-31-3-8.4 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 8.4. A business that holds a
ginseng dealer's license, including employees and agents of the
business, may buy and sell wild ginseng at the business's business
address.
SOURCE: IC 14-31-3-8.6; (11)SB0498.1.19. -->
SECTION 19. IC 14-31-3-8.6 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 8.6. (a) A person who holds a
ginseng harvester's license may harvest wild ginseng during the
harvest season.
(b) A person must have a ginseng harvester's license in the person's possession while harvesting wild ginseng.
(c) A person is not required to have a license to harvest wild ginseng if:
(1) the ginseng is harvested by the landowner or the spouse or children living with the landowner where the ginseng is harvested; and
(2) the ginseng is not sold.
(d) A ginseng harvester who fails to possess a harvester's license while harvesting ginseng commits a Class C infraction.
(e) A ginseng harvester who fails to procure a ginseng harvester's license prior to harvesting ginseng commits a Class C misdemeanor.
(b) A person must have a ginseng harvester's license in the person's possession while harvesting wild ginseng.
(c) A person is not required to have a license to harvest wild ginseng if:
(1) the ginseng is harvested by the landowner or the spouse or children living with the landowner where the ginseng is harvested; and
(2) the ginseng is not sold.
(d) A ginseng harvester who fails to possess a harvester's license while harvesting ginseng commits a Class C infraction.
(e) A ginseng harvester who fails to procure a ginseng harvester's license prior to harvesting ginseng commits a Class C misdemeanor.
SOURCE: IC 14-31-3-8.8; (11)SB0498.1.20. -->
SECTION 20. IC 14-31-3-8.8 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 8.8. A person who holds a ginseng
grower's license may do the following:
(1) Propagate and harvest cultivated ginseng.
(2) Buy and sell cultivated ginseng in Indiana, including
(1) Propagate and harvest cultivated ginseng.
(2) Buy and sell cultivated ginseng in Indiana, including
transactions conducted by employees or agents of the grower
at the grower's business address.
SOURCE: IC 14-31-3-9; (11)SB0498.1.21. -->
SECTION 21. IC 14-31-3-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 9. (a) As used in this
section, "selling season" means the season established by the
commission under section 14(b)(2) of this chapter.
(b) (a) Each ginseng dealer shall submit a summary of all ginseng
purchased and sold by the ginseng dealer during the selling season to
the department within thirty (30) days of the last day of the selling
season. The summary must also contain other information and be
prepared in the manner required by the department. by rule.
(b) Each ginseng grower shall submit to the department, not later than thirty (30) days after the last day of the selling season, a summary of all cultivated ginseng harvested by the ginseng grower during the previous calendar year. The summary must be prepared in the manner required by the department.
(b) Each ginseng grower shall submit to the department, not later than thirty (30) days after the last day of the selling season, a summary of all cultivated ginseng harvested by the ginseng grower during the previous calendar year. The summary must be prepared in the manner required by the department.
SOURCE: IC 14-31-3-10; (11)SB0498.1.22. -->
SECTION 22. IC 14-31-3-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 10. (a) Wild ginseng
may not be harvested except during harvest season.
(b) Wild ginseng harvested in Indiana may not be possessed by a ginseng harvester during the part of a year established under section 14(b)(3) of this chapter, unless the department gives written authorization otherwise.
(c) Wild ginseng harvested in Indiana may not be bought, sold, or possessed by a ginseng dealer during the part of a year established under section 14(b)(4) of this chapter, unless the department gives written authorization otherwise.
(d) Ginseng that is harvested in Indiana may not be taken or otherwise removed from Indiana without written authorization from the department.
(b) Wild ginseng harvested in Indiana may not be possessed by a ginseng harvester during the part of a year established under section 14(b)(3) of this chapter, unless the department gives written authorization otherwise.
(c) Wild ginseng harvested in Indiana may not be bought, sold, or possessed by a ginseng dealer during the part of a year established under section 14(b)(4) of this chapter, unless the department gives written authorization otherwise.
(d) Ginseng that is harvested in Indiana may not be taken or otherwise removed from Indiana without written authorization from the department.
SOURCE: IC 14-31-3-13; (11)SB0498.1.23. -->
SECTION 23. IC 14-31-3-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 13. The department
may establish wild ginseng harvesting quotas based on the results of
research and data collection.
SOURCE: IC 14-31-3-14; (11)SB0498.1.24. -->
SECTION 24. IC 14-31-3-14 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 14. (a) The department
may adopt rules under IC 4-22-2 that are necessary to carry out this
chapter.
(b) The commission shall adopt rules under IC 4-22-2 to do the following:
(1) Establish the harvest season.
(2) Establish the selling season.
(3) Establish the part of a year when ginseng harvested in Indiana may not be possessed by a ginseng harvester without written authorization from the department.
(4) Establish the part of a year when ginseng harvested in Indiana may not be bought, sold, or possessed by a ginseng dealer without written authorization from the department.
(5) Specify reports, logs, certificates, and other documents required to be used by licensed ginseng dealers, harvesters, and growers.
(c) A person who holds a license under this chapter shall complete any required reports, logs, certificates, and other documents in a manner that is true, legible, and accurate.
(b) The commission shall adopt rules under IC 4-22-2 to do the following:
(1) Establish the harvest season.
(2) Establish the selling season.
(3) Establish the part of a year when ginseng harvested in Indiana may not be possessed by a ginseng harvester without written authorization from the department.
(4) Establish the part of a year when ginseng harvested in Indiana may not be bought, sold, or possessed by a ginseng dealer without written authorization from the department.
(5) Specify reports, logs, certificates, and other documents required to be used by licensed ginseng dealers, harvesters, and growers.
(c) A person who holds a license under this chapter shall complete any required reports, logs, certificates, and other documents in a manner that is true, legible, and accurate.
SOURCE: IC 14-31-3-14.5; (11)SB0498.1.25. -->
SECTION 25. IC 14-31-3-14.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 14.5. (a) Subject to subsection (b),
the commission shall set the amount of the license fee required to
obtain and renew a license issued under this chapter.
(b) The license fees established under subsection (a):
(1) may not exceed an amount necessary to administer this chapter; and
(2) must be at least:
(A) seventy-five dollars ($75) for a ginseng dealer's license;
(B) ten dollars ($10) for a ginseng harvester's license; and
(C) twenty-five dollars ($25) for a ginseng grower's license.
(b) The license fees established under subsection (a):
(1) may not exceed an amount necessary to administer this chapter; and
(2) must be at least:
(A) seventy-five dollars ($75) for a ginseng dealer's license;
(B) ten dollars ($10) for a ginseng harvester's license; and
(C) twenty-five dollars ($25) for a ginseng grower's license.
SOURCE: IC 14-31-3-16; (11)SB0498.1.26. -->
SECTION 26. IC 14-31-3-16 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 16. A person who
harvests wild ginseng out of a harvest season in violation of section 10
of this chapter commits a Class B misdemeanor.
SOURCE: IC 14-31-3-17; (11)SB0498.1.27. -->
SECTION 27. IC 14-31-3-17 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 17. Except as
provided in section 8.6(c) of this chapter, a person who possesses
unprocessed wild ginseng out of a harvest season in violation of section
10 of this chapter commits a Class B misdemeanor.
SOURCE: IC 14-31-3-18; (11)SB0498.1.28. -->
SECTION 28. IC 14-31-3-18 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 18. A person who
harvests wild ginseng in an amount greater than a quota established
under section 13 of this chapter commits a Class B infraction.
