IC 14-22-41-1 Name
Sec. 1. This compact may be referred to as the wildlife violator
compact. As added by P.L.23-1999, SEC.2.
IC 14-22-41-2 Adoption
Sec. 2. Indiana adopts the wildlife violator compact with all other
states that legally join in the compact in a form substantially the
same as this chapter. As added by P.L.23-1999, SEC.2.
IC 14-22-41-3 Findings, policy, and purpose
Sec. 3. ARTICLE I
(a) The participating states find the following:
(1) Wildlife resources are managed in trust by the respective
states for the benefit of all residents and visitors.
(2) The protection of the wildlife resources of a state is
materially affected by the degree of compliance with state
statutes, laws, regulations, ordinances, and administrative rules
relating to the management of wildlife resources.
(3) The preservation, protection, management, and restoration
of wildlife contributes immeasurably to the aesthetic,
recreational, and economic aspects of wildlife natural resources.
(4) Wildlife resources are valuable without regard to political
boundaries; therefore, every person should be required to
comply with wildlife preservation, protection, management, and
restoration laws, ordinances, and administrative rules and
regulations of the participating states as a condition precedent
to the continuance or issuance of any license to hunt, fish, trap,
or possess wildlife.
(5) Violation of wildlife laws interferes with the management
of wildlife resources and may endanger the safety of persons
and property.
(6) The mobility of many wildlife law violators necessitates the
maintenance of channels of communication among the various
states.
(7) In some states, a person who is cited for a wildlife violation
in a state other than the person's home state:
(A) is required to post collateral or a bond to secure
appearance for a trial at a later date;
(B) is taken into custody until the collateral or bond is
posted; or
(C) is taken directly to court for an immediate appearance.
(8) The purpose of the enforcement practices set forth in
subdivision (7) is to ensure compliance with the terms of a
wildlife citation by the cited person who, if permitted to
continue on the person's way after receiving the citation, could
return to the person's home state and disregard the person's duty
under the terms of the citation.
(9) In most instances, a person receiving a wildlife citation in
the person's home state is permitted to accept the citation from
the officer at the scene of the violation and immediately
continue on the person's way after agreeing or being instructed
to comply with the terms of the citation.
(10) The practices described in subdivision (7) cause
unnecessary inconvenience and, at times, a hardship for the
person who is unable at the time to post collateral, furnish a
bond, stand trial, or pay a fine, and thus is compelled to remain
in custody until some alternative arrangement is made.
(11) The enforcement practices described in subdivision (7)
consume an undue amount of law enforcement time.
(b) It is the policy of the participating states to do the following:
(1) Promote compliance with the statutes, laws, ordinances,
regulations, and administrative rules relating to management of
wildlife resources in their respective states.
(2) Recognize the suspension of wildlife license privileges of
any person whose license privileges have been suspended by a
participating state and treat the suspension as if it had occurred
in their state provided the violation that resulted in the
suspension could have been the basis for suspension in their
state.
(3) Allow a violator, except as provided in section 5(b) of this
chapter, to accept a wildlife citation and, without delay, proceed
on the person's way, whether or not a resident of the state in
which the citation was issued, provided that the violator's home
state is party to this compact.
(4) Report to the appropriate participating state, as provided in
the compact manual, any conviction recorded against any
person whose home state was not the issuing state.
(5) Allow the home state to recognize and treat convictions
recorded against the home state's residents that occurred in a
participating state as though the convictions had occurred in the
home state.
(6) Extend cooperation to its fullest extent among the
participating states for enforcing compliance with the terms of
a wildlife citation issued in a participating state to a resident of
another participating state.
(7) Maximize effective use of law enforcement personnel and
information.
(8) Assist court systems in the efficient disposition of wildlife
violations.
(c) The purpose of this compact is to do the following:
(1) Provide a means through which a participating state may
join in a reciprocal program to effectuate the policies
enumerated in subsection (b) in a uniform and orderly manner.
(2) Provide for the fair and impartial treatment of wildlife
violators operating within participating states in recognition of
the violator's right to due process and the sovereign status of a
participating state. As added by P.L.23-1999, SEC.2.
IC 14-22-41-4 Definitions
Sec. 4. ARTICLE II
(a) "Citation" means any summons, complaint, summons and
complaint, ticket, penalty assessment, or other official document
issued to a person by a wildlife officer or other law enforcement
officer for a wildlife violation that contains an order requiring the
person to respond.
(b) "Collateral" means cash or other security deposited to secure
an appearance for trial in connection with the issuance by a wildlife
officer or other law enforcement officer of a citation for a wildlife
violation.
(c) "Compliance", with respect to a citation, means the act of
answering a citation through an appearance in a court or tribunal or
through the payment of fines, costs, and surcharges, if any.
(d) "Conviction" means a conviction, including any court
conviction, for any offense related to the preservation, protection,
management, or restoration of wildlife that is prohibited by state
statute, law, regulation, ordinance, or administrative rule. The term
includes the forfeiture of any bail, bond, or other security deposited
to secure appearance by a person charged with having committed any
such offense, the payment of a penalty assessment, a plea of nolo
contendere, and the imposition of a deferred or suspended sentence
by the court.
(e) "Court" means a court of law, including a magistrate's court
and a justice of the peace court.
(f) "Home state" means the state of primary residence of a person.
(g) "Issuing state" means the participating state that issues a
wildlife citation to the violator.
(h) "License" means any license, permit, or other public document
that conveys to the person to whom it was issued the privilege of
pursuing, possessing, or taking any wildlife regulated by statute, law,
regulation, ordinance, or administrative rule of a participating state.
(i) "Licensing authority" means the department or division within
each participating state that is authorized by law to issue or approve
licenses or permits to hunt, fish, trap, or possess wildlife.
(j) "Participating state" means any state that enacts legislation to
become a member of the wildlife violator compact.
(k) "Personal recognizance" means an agreement made by a
person at the time of issuance of the wildlife citation that the person
will comply with the terms of the citation.
(l) "State" means any state, territory or possession of the United
States, the District of Columbia, the Commonwealth of Puerto Rico,
the provinces of Canada, and other countries.
(m) "Suspension" means any revocation, denial, or withdrawal of
any or all license privileges, including the privilege to apply for,
purchase, or exercise the benefits conferred by any license.
(n) "Terms of the citation" means those conditions and options
expressly stated upon the citation.
(o) "Wildlife" means all species of animals including mammals,
birds, fish, reptiles, amphibians, mollusks, and crustaceans that are
defined as "wildlife" and are protected or otherwise regulated by
statute, law, regulation, ordinance, or administrative rule in a
participating state. Species included in the definition of wildlife vary
from state to state and determination of whether a species is wildlife
for the purposes of this compact is based on local law.
(p) "Wildlife law" means any statute, law, regulation, ordinance,
or administrative rule developed and enacted for the management
and uses of wildlife resources.
(q) "Wildlife officer" means any individual authorized by a
participating state to issue a citation for a wildlife violation.
(r) "Wildlife violation" means any cited violation of a statute, law,
regulation, ordinance, or administrative rule developed and enacted
for the management and uses of wildlife resources.
(s) Unless the context requires otherwise, the definitions of this
section apply throughout the chapter. As added by P.L.23-1999, SEC.2.
IC 14-22-41-5 Citations in participating state
Sec. 5. ARTICLE III
(a) When issuing a citation for a wildlife violation, a wildlife
officer shall issue a citation to any person whose primary residence
is in a participating state in the same manner as the officer would
issue a citation to a resident of the issuing state and may not require
the person to post collateral to secure appearance, subject to the
exception in subsection (b), if the officer receives the recognizance
of the person that the person will comply with the terms of the
citation.
(b) Personal recognizance is acceptable if:
(1) not prohibited by local law or the compact manual; and
(2) the violator provides adequate proof of identification to the
wildlife officer.
(c) Upon conviction or failure of a person to comply with the
terms of a wildlife citation, the appropriate official shall report the
conviction or failure to comply to the licensing authority of the
participating state in which the wildlife citation was issued. The
report must be made in accordance with procedures specified by the
issuing state.
(d) Upon receipt of the report of conviction or noncompliance
under subsection (c), the licensing authority of the issuing state shall
transmit to the licensing authority of the home state of the violator
the information in the form and content prescribed in the compact
manual. As added by P.L.23-1999, SEC.2.
IC 14-22-41-6 Treatment by home state of noncompliance or conviction
Sec. 6. ARTICLE IV
(a) Upon receipt of a report from the licensing authority of the
issuing state reporting the failure of a violator to comply with the
terms of a citation, the licensing authority of the home state shall:
(1) notify the violator;
(2) initiate a suspension action in accordance with the home
state's suspension procedures; and
(3) suspend the violator's license privileges until satisfactory
evidence of compliance with the terms of the wildlife citation
has been furnished by the issuing state to the home state
licensing authority.
Due process safeguards must be accorded.
(b) Upon receipt of a report of conviction from the licensing
authority of the issuing state, the licensing authority of the home
state shall enter the conviction in its records and treat the conviction
as though it occurred in the home state for the purposes of the
suspension of license privileges.
(c) The licensing authority of the home state shall maintain a
record of actions taken and make reports to issuing states. As added by P.L.23-1999, SEC.2.
IC 14-22-41-7 Suspension of license privileges
Sec. 7. ARTICLE V
(a) Each participating state shall recognize the suspension of
license privileges of any person by any participating state as though
the violation resulting in the suspension had occurred in their state
and could have been the basis for suspension of license privileges in
their state.
(b) Each participating state shall communicate suspension
information to other participating states in form and content as
contained in the compact manual. As added by P.L.23-1999, SEC.2.
IC 14-22-41-8 Application of laws and other agreements not affected
Sec. 8. ARTICLE VI
Except as expressly required by provisions of this compact,
nothing in this compact affects the right of any participating state to
apply any of its laws relating to license privileges to any person or
circumstance or to invalidate or prevent any agreement or other
cooperative arrangement between a participating state and a
nonparticipating state concerning wildlife law enforcement. As added by P.L.23-1999, SEC.2. IC 14-22-41-9 Board of compact administrators
Sec. 9. ARTICLE VII
(a) For the purpose of administering the provisions of this
compact and to serve as a governing body for the resolution of all
matters relating to the operation of this compact, a board of compact
administrators is established. The board is composed of one (1)
representative, known as the compact administrator, from each of the
participating states. The compact administrator shall be appointed by
the head of the licensing authority of each participating state and
serve and be subject to removal in accordance with the laws of the
state the compact administrator represents. A compact administrator
may provide for the discharge of the compact administrator's duties
and the performance of the compact administrator's function as a
board member by an alternate. An alternate is not entitled to serve on
the board unless written notification of the alternate's identity has
been given to the board.
(b) Each member of the board of compact administrators is
entitled to one (1) vote. An action of the board is not binding unless
taken at a meeting at which a majority of the total number of the
board's votes are cast in favor of the action. Action by the board must
be at a meeting at which a majority of the participating states are
represented.
(c) The board shall elect annually from its membership a chair and
vice chair.
(d) The board shall adopt bylaws consistent with the provisions
of this compact or the laws of a participating state for the conduct of
its business and shall have the power to amend and rescind its
bylaws.
(e) The board may accept for any of its purposes and functions
under this compact any and all donations and grants of money,
equipment, supplies, materials, and services conditional or otherwise,
from any state, the United States, or any governmental agency, and
may receive, use, and dispose of the same.
(f) The board may contract with, or accept services or personnel
from, any governmental or intergovernmental agency, individual,
firm, or corporation or any private nonprofit organization or
institution.
(g) The board shall formulate all necessary procedures and
develop uniform forms and documents for administering the
provisions of this compact. All procedures and forms adopted under
board action must be contained in a compact manual. As added by P.L.23-1999, SEC.2.
IC 14-22-41-10 Effectiveness of compact
Sec. 10. ARTICLE VIII
(a) This compact becomes effective when it is adopted in a
substantially similar form by two (2) or more states.
(b) Entry into the compact must be made by resolution of
ratification executed by the authorized officials of the applying state
and submitted to the chair of the board. The resolution must
substantially be in the form and content as provided in the compact
manual and include the following:
(1) A citation of the authority from which the state is
empowered to become a party to this compact.
(2) An agreement of compliance with the terms and provisions
of this compact.
The effective date of entry shall be specified by the applying state
but may not be less than sixty (60) days after notice has been given
by the chair of the board of the compact administrators or by the
secretary of the board to each participating state that the resolution
from the applying state has been received.
(c) A participating state may withdraw from participation in this
compact by official written notice to each participating state, but
withdrawal is not effective until ninety (90) days after the notice of
withdrawal is given. The notice must be directed to the compact
administrator of each member state. No withdrawal of any state shall
affect the validity of this compact as to the remaining participating
states. As added by P.L.23-1999, SEC.2.
IC 14-22-41-11 Amendments
Sec. 11. ARTICLE IX
(a) This compact may be amended from time to time.
Amendments must be presented in resolution form to the chair of the
board of compact administrators and be initiated by one (1) or more
participating states.
(b) Adoption of an amendment requires endorsement by all
participating states and becomes effective thirty (30) days after the
date of the last endorsement. As added by P.L.23-1999, SEC.2.
IC 14-22-41-12 Construction
Sec. 12. ARTICLE X
This compact shall be liberally construed so as to effectuate the
purposes stated herein. The provisions of this compact shall be
severable and if any phrase, clause, sentence, or provision of this
compact is declared to be contrary to the constitution of any
participating state or of the United States, or the applicability thereof
to any government, agency, individual, or circumstance is held
invalid, the validity of the remainder of this compact shall not be
affected by the declaration. If this compact is held contrary to the
constitution of any participating state, the compact shall remain in
full force and effect as to the remaining states and in full force and
effect as to the participating state affected as to all severable matters. As added by P.L.23-1999, SEC.2.
IC 14-22-41-1 Name
Sec. 1. This compact may be referred to as the wildlife violator
compact. As added by P.L.23-1999, SEC.2.
IC 14-22-41-2 Adoption
Sec. 2. Indiana adopts the wildlife violator compact with all other
states that legally join in the compact in a form substantially the
same as this chapter. As added by P.L.23-1999, SEC.2.
IC 14-22-41-3 Findings, policy, and purpose
Sec. 3. ARTICLE I
(a) The participating states find the following:
(1) Wildlife resources are managed in trust by the respective
states for the benefit of all residents and visitors.
(2) The protection of the wildlife resources of a state is
materially affected by the degree of compliance with state
statutes, laws, regulations, ordinances, and administrative rules
relating to the management of wildlife resources.
(3) The preservation, protection, management, and restoration
of wildlife contributes immeasurably to the aesthetic,
recreational, and economic aspects of wildlife natural resources.
(4) Wildlife resources are valuable without regard to political
boundaries; therefore, every person should be required to
comply with wildlife preservation, protection, management, and
restoration laws, ordinances, and administrative rules and
regulations of the participating states as a condition precedent
to the continuance or issuance of any license to hunt, fish, trap,
or possess wildlife.
(5) Violation of wildlife laws interferes with the management
of wildlife resources and may endanger the safety of persons
and property.
(6) The mobility of many wildlife law violators necessitates the
maintenance of channels of communication among the various
states.
(7) In some states, a person who is cited for a wildlife violation
in a state other than the person's home state:
(A) is required to post collateral or a bond to secure
appearance for a trial at a later date;
(B) is taken into custody until the collateral or bond is
posted; or
(C) is taken directly to court for an immediate appearance.
(8) The purpose of the enforcement practices set forth in
subdivision (7) is to ensure compliance with the terms of a
wildlife citation by the cited person who, if permitted to
continue on the person's way after receiving the citation, could
return to the person's home state and disregard the person's duty
under the terms of the citation.
(9) In most instances, a person receiving a wildlife citation in
the person's home state is permitted to accept the citation from
the officer at the scene of the violation and immediately
continue on the person's way after agreeing or being instructed
to comply with the terms of the citation.
(10) The practices described in subdivision (7) cause
unnecessary inconvenience and, at times, a hardship for the
person who is unable at the time to post collateral, furnish a
bond, stand trial, or pay a fine, and thus is compelled to remain
in custody until some alternative arrangement is made.
(11) The enforcement practices described in subdivision (7)
consume an undue amount of law enforcement time.
(b) It is the policy of the participating states to do the following:
(1) Promote compliance with the statutes, laws, ordinances,
regulations, and administrative rules relating to management of
wildlife resources in their respective states.
(2) Recognize the suspension of wildlife license privileges of
any person whose license privileges have been suspended by a
participating state and treat the suspension as if it had occurred
in their state provided the violation that resulted in the
suspension could have been the basis for suspension in their
state.
(3) Allow a violator, except as provided in section 5(b) of this
chapter, to accept a wildlife citation and, without delay, proceed
on the person's way, whether or not a resident of the state in
which the citation was issued, provided that the violator's home
state is party to this compact.
(4) Report to the appropriate participating state, as provided in
the compact manual, any conviction recorded against any
person whose home state was not the issuing state.
(5) Allow the home state to recognize and treat convictions
recorded against the home state's residents that occurred in a
participating state as though the convictions had occurred in the
home state.
(6) Extend cooperation to its fullest extent among the
participating states for enforcing compliance with the terms of
a wildlife citation issued in a participating state to a resident of
another participating state.
(7) Maximize effective use of law enforcement personnel and
information.
(8) Assist court systems in the efficient disposition of wildlife
violations.
(c) The purpose of this compact is to do the following:
(1) Provide a means through which a participating state may
join in a reciprocal program to effectuate the policies
enumerated in subsection (b) in a uniform and orderly manner.
(2) Provide for the fair and impartial treatment of wildlife
violators operating within participating states in recognition of
the violator's right to due process and the sovereign status of a
participating state. As added by P.L.23-1999, SEC.2.
IC 14-22-41-4 Definitions
Sec. 4. ARTICLE II
(a) "Citation" means any summons, complaint, summons and
complaint, ticket, penalty assessment, or other official document
issued to a person by a wildlife officer or other law enforcement
officer for a wildlife violation that contains an order requiring the
person to respond.
(b) "Collateral" means cash or other security deposited to secure
an appearance for trial in connection with the issuance by a wildlife
officer or other law enforcement officer of a citation for a wildlife
violation.
(c) "Compliance", with respect to a citation, means the act of
answering a citation through an appearance in a court or tribunal or
through the payment of fines, costs, and surcharges, if any.
(d) "Conviction" means a conviction, including any court
conviction, for any offense related to the preservation, protection,
management, or restoration of wildlife that is prohibited by state
statute, law, regulation, ordinance, or administrative rule. The term
includes the forfeiture of any bail, bond, or other security deposited
to secure appearance by a person charged with having committed any
such offense, the payment of a penalty assessment, a plea of nolo
contendere, and the imposition of a deferred or suspended sentence
by the court.
(e) "Court" means a court of law, including a magistrate's court
and a justice of the peace court.
(f) "Home state" means the state of primary residence of a person.
(g) "Issuing state" means the participating state that issues a
wildlife citation to the violator.
(h) "License" means any license, permit, or other public document
that conveys to the person to whom it was issued the privilege of
pursuing, possessing, or taking any wildlife regulated by statute, law,
regulation, ordinance, or administrative rule of a participating state.
(i) "Licensing authority" means the department or division within
each participating state that is authorized by law to issue or approve
licenses or permits to hunt, fish, trap, or possess wildlife.
(j) "Participating state" means any state that enacts legislation to
become a member of the wildlife violator compact.
(k) "Personal recognizance" means an agreement made by a
person at the time of issuance of the wildlife citation that the person
will comply with the terms of the citation.
(l) "State" means any state, territory or possession of the United
States, the District of Columbia, the Commonwealth of Puerto Rico,
the provinces of Canada, and other countries.
(m) "Suspension" means any revocation, denial, or withdrawal of
any or all license privileges, including the privilege to apply for,
purchase, or exercise the benefits conferred by any license.
(n) "Terms of the citation" means those conditions and options
expressly stated upon the citation.
(o) "Wildlife" means all species of animals including mammals,
birds, fish, reptiles, amphibians, mollusks, and crustaceans that are
defined as "wildlife" and are protected or otherwise regulated by
statute, law, regulation, ordinance, or administrative rule in a
participating state. Species included in the definition of wildlife vary
from state to state and determination of whether a species is wildlife
for the purposes of this compact is based on local law.
(p) "Wildlife law" means any statute, law, regulation, ordinance,
or administrative rule developed and enacted for the management
and uses of wildlife resources.
(q) "Wildlife officer" means any individual authorized by a
participating state to issue a citation for a wildlife violation.
(r) "Wildlife violation" means any cited violation of a statute, law,
regulation, ordinance, or administrative rule developed and enacted
for the management and uses of wildlife resources.
(s) Unless the context requires otherwise, the definitions of this
section apply throughout the chapter. As added by P.L.23-1999, SEC.2.
IC 14-22-41-5 Citations in participating state
Sec. 5. ARTICLE III
(a) When issuing a citation for a wildlife violation, a wildlife
officer shall issue a citation to any person whose primary residence
is in a participating state in the same manner as the officer would
issue a citation to a resident of the issuing state and may not require
the person to post collateral to secure appearance, subject to the
exception in subsection (b), if the officer receives the recognizance
of the person that the person will comply with the terms of the
citation.
(b) Personal recognizance is acceptable if:
(1) not prohibited by local law or the compact manual; and
(2) the violator provides adequate proof of identification to the
wildlife officer.
(c) Upon conviction or failure of a person to comply with the
terms of a wildlife citation, the appropriate official shall report the
conviction or failure to comply to the licensing authority of the
participating state in which the wildlife citation was issued. The
report must be made in accordance with procedures specified by the
issuing state.
(d) Upon receipt of the report of conviction or noncompliance
under subsection (c), the licensing authority of the issuing state shall
transmit to the licensing authority of the home state of the violator
the information in the form and content prescribed in the compact
manual. As added by P.L.23-1999, SEC.2.
IC 14-22-41-6 Treatment by home state of noncompliance or conviction
Sec. 6. ARTICLE IV
(a) Upon receipt of a report from the licensing authority of the
issuing state reporting the failure of a violator to comply with the
terms of a citation, the licensing authority of the home state shall:
(1) notify the violator;
(2) initiate a suspension action in accordance with the home
state's suspension procedures; and
(3) suspend the violator's license privileges until satisfactory
evidence of compliance with the terms of the wildlife citation
has been furnished by the issuing state to the home state
licensing authority.
Due process safeguards must be accorded.
(b) Upon receipt of a report of conviction from the licensing
authority of the issuing state, the licensing authority of the home
state shall enter the conviction in its records and treat the conviction
as though it occurred in the home state for the purposes of the
suspension of license privileges.
(c) The licensing authority of the home state shall maintain a
record of actions taken and make reports to issuing states. As added by P.L.23-1999, SEC.2.
IC 14-22-41-7 Suspension of license privileges
Sec. 7. ARTICLE V
(a) Each participating state shall recognize the suspension of
license privileges of any person by any participating state as though
the violation resulting in the suspension had occurred in their state
and could have been the basis for suspension of license privileges in
their state.
(b) Each participating state shall communicate suspension
information to other participating states in form and content as
contained in the compact manual. As added by P.L.23-1999, SEC.2.
IC 14-22-41-8 Application of laws and other agreements not affected
Sec. 8. ARTICLE VI
Except as expressly required by provisions of this compact,
nothing in this compact affects the right of any participating state to
apply any of its laws relating to license privileges to any person or
circumstance or to invalidate or prevent any agreement or other
cooperative arrangement between a participating state and a
nonparticipating state concerning wildlife law enforcement. As added by P.L.23-1999, SEC.2. IC 14-22-41-9 Board of compact administrators
Sec. 9. ARTICLE VII
(a) For the purpose of administering the provisions of this
compact and to serve as a governing body for the resolution of all
matters relating to the operation of this compact, a board of compact
administrators is established. The board is composed of one (1)
representative, known as the compact administrator, from each of the
participating states. The compact administrator shall be appointed by
the head of the licensing authority of each participating state and
serve and be subject to removal in accordance with the laws of the
state the compact administrator represents. A compact administrator
may provide for the discharge of the compact administrator's duties
and the performance of the compact administrator's function as a
board member by an alternate. An alternate is not entitled to serve on
the board unless written notification of the alternate's identity has
been given to the board.
(b) Each member of the board of compact administrators is
entitled to one (1) vote. An action of the board is not binding unless
taken at a meeting at which a majority of the total number of the
board's votes are cast in favor of the action. Action by the board must
be at a meeting at which a majority of the participating states are
represented.
(c) The board shall elect annually from its membership a chair and
vice chair.
(d) The board shall adopt bylaws consistent with the provisions
of this compact or the laws of a participating state for the conduct of
its business and shall have the power to amend and rescind its
bylaws.
(e) The board may accept for any of its purposes and functions
under this compact any and all donations and grants of money,
equipment, supplies, materials, and services conditional or otherwise,
from any state, the United States, or any governmental agency, and
may receive, use, and dispose of the same.
(f) The board may contract with, or accept services or personnel
from, any governmental or intergovernmental agency, individual,
firm, or corporation or any private nonprofit organization or
institution.
(g) The board shall formulate all necessary procedures and
develop uniform forms and documents for administering the
provisions of this compact. All procedures and forms adopted under
board action must be contained in a compact manual. As added by P.L.23-1999, SEC.2.
IC 14-22-41-10 Effectiveness of compact
Sec. 10. ARTICLE VIII
(a) This compact becomes effective when it is adopted in a
substantially similar form by two (2) or more states.
(b) Entry into the compact must be made by resolution of
ratification executed by the authorized officials of the applying state
and submitted to the chair of the board. The resolution must
substantially be in the form and content as provided in the compact
manual and include the following:
(1) A citation of the authority from which the state is
empowered to become a party to this compact.
(2) An agreement of compliance with the terms and provisions
of this compact.
The effective date of entry shall be specified by the applying state
but may not be less than sixty (60) days after notice has been given
by the chair of the board of the compact administrators or by the
secretary of the board to each participating state that the resolution
from the applying state has been received.
(c) A participating state may withdraw from participation in this
compact by official written notice to each participating state, but
withdrawal is not effective until ninety (90) days after the notice of
withdrawal is given. The notice must be directed to the compact
administrator of each member state. No withdrawal of any state shall
affect the validity of this compact as to the remaining participating
states. As added by P.L.23-1999, SEC.2.
IC 14-22-41-11 Amendments
Sec. 11. ARTICLE IX
(a) This compact may be amended from time to time.
Amendments must be presented in resolution form to the chair of the
board of compact administrators and be initiated by one (1) or more
participating states.
(b) Adoption of an amendment requires endorsement by all
participating states and becomes effective thirty (30) days after the
date of the last endorsement. As added by P.L.23-1999, SEC.2.
IC 14-22-41-12 Construction
Sec. 12. ARTICLE X
This compact shall be liberally construed so as to effectuate the
purposes stated herein. The provisions of this compact shall be
severable and if any phrase, clause, sentence, or provision of this
compact is declared to be contrary to the constitution of any
participating state or of the United States, or the applicability thereof
to any government, agency, individual, or circumstance is held
invalid, the validity of the remainder of this compact shall not be
affected by the declaration. If this compact is held contrary to the
constitution of any participating state, the compact shall remain in
full force and effect as to the remaining states and in full force and
effect as to the participating state affected as to all severable matters. As added by P.L.23-1999, SEC.2.
IC 14-22-41-1 Name
Sec. 1. This compact may be referred to as the wildlife violator
compact. As added by P.L.23-1999, SEC.2.
IC 14-22-41-2 Adoption
Sec. 2. Indiana adopts the wildlife violator compact with all other
states that legally join in the compact in a form substantially the
same as this chapter. As added by P.L.23-1999, SEC.2.
IC 14-22-41-3 Findings, policy, and purpose
Sec. 3. ARTICLE I
(a) The participating states find the following:
(1) Wildlife resources are managed in trust by the respective
states for the benefit of all residents and visitors.
(2) The protection of the wildlife resources of a state is
materially affected by the degree of compliance with state
statutes, laws, regulations, ordinances, and administrative rules
relating to the management of wildlife resources.
(3) The preservation, protection, management, and restoration
of wildlife contributes immeasurably to the aesthetic,
recreational, and economic aspects of wildlife natural resources.
(4) Wildlife resources are valuable without regard to political
boundaries; therefore, every person should be required to
comply with wildlife preservation, protection, management, and
restoration laws, ordinances, and administrative rules and
regulations of the participating states as a condition precedent
to the continuance or issuance of any license to hunt, fish, trap,
or possess wildlife.
(5) Violation of wildlife laws interferes with the management
of wildlife resources and may endanger the safety of persons
and property.
(6) The mobility of many wildlife law violators necessitates the
maintenance of channels of communication among the various
states.
(7) In some states, a person who is cited for a wildlife violation
in a state other than the person's home state:
(A) is required to post collateral or a bond to secure
appearance for a trial at a later date;
(B) is taken into custody until the collateral or bond is
posted; or
(C) is taken directly to court for an immediate appearance.
(8) The purpose of the enforcement practices set forth in
subdivision (7) is to ensure compliance with the terms of a
wildlife citation by the cited person who, if permitted to
continue on the person's way after receiving the citation, could
return to the person's home state and disregard the person's duty
under the terms of the citation.
(9) In most instances, a person receiving a wildlife citation in
the person's home state is permitted to accept the citation from
the officer at the scene of the violation and immediately
continue on the person's way after agreeing or being instructed
to comply with the terms of the citation.
(10) The practices described in subdivision (7) cause
unnecessary inconvenience and, at times, a hardship for the
person who is unable at the time to post collateral, furnish a
bond, stand trial, or pay a fine, and thus is compelled to remain
in custody until some alternative arrangement is made.
(11) The enforcement practices described in subdivision (7)
consume an undue amount of law enforcement time.
(b) It is the policy of the participating states to do the following:
(1) Promote compliance with the statutes, laws, ordinances,
regulations, and administrative rules relating to management of
wildlife resources in their respective states.
(2) Recognize the suspension of wildlife license privileges of
any person whose license privileges have been suspended by a
participating state and treat the suspension as if it had occurred
in their state provided the violation that resulted in the
suspension could have been the basis for suspension in their
state.
(3) Allow a violator, except as provided in section 5(b) of this
chapter, to accept a wildlife citation and, without delay, proceed
on the person's way, whether or not a resident of the state in
which the citation was issued, provided that the violator's home
state is party to this compact.
(4) Report to the appropriate participating state, as provided in
the compact manual, any conviction recorded against any
person whose home state was not the issuing state.
(5) Allow the home state to recognize and treat convictions
recorded against the home state's residents that occurred in a
participating state as though the convictions had occurred in the
home state.
(6) Extend cooperation to its fullest extent among the
participating states for enforcing compliance with the terms of
a wildlife citation issued in a participating state to a resident of
another participating state.
(7) Maximize effective use of law enforcement personnel and
information.
(8) Assist court systems in the efficient disposition of wildlife
violations.
(c) The purpose of this compact is to do the following:
(1) Provide a means through which a participating state may
join in a reciprocal program to effectuate the policies
enumerated in subsection (b) in a uniform and orderly manner.
(2) Provide for the fair and impartial treatment of wildlife
violators operating within participating states in recognition of
the violator's right to due process and the sovereign status of a
participating state. As added by P.L.23-1999, SEC.2.
IC 14-22-41-4 Definitions
Sec. 4. ARTICLE II
(a) "Citation" means any summons, complaint, summons and
complaint, ticket, penalty assessment, or other official document
issued to a person by a wildlife officer or other law enforcement
officer for a wildlife violation that contains an order requiring the
person to respond.
(b) "Collateral" means cash or other security deposited to secure
an appearance for trial in connection with the issuance by a wildlife
officer or other law enforcement officer of a citation for a wildlife
violation.
(c) "Compliance", with respect to a citation, means the act of
answering a citation through an appearance in a court or tribunal or
through the payment of fines, costs, and surcharges, if any.
(d) "Conviction" means a conviction, including any court
conviction, for any offense related to the preservation, protection,
management, or restoration of wildlife that is prohibited by state
statute, law, regulation, ordinance, or administrative rule. The term
includes the forfeiture of any bail, bond, or other security deposited
to secure appearance by a person charged with having committed any
such offense, the payment of a penalty assessment, a plea of nolo
contendere, and the imposition of a deferred or suspended sentence
by the court.
(e) "Court" means a court of law, including a magistrate's court
and a justice of the peace court.
(f) "Home state" means the state of primary residence of a person.
(g) "Issuing state" means the participating state that issues a
wildlife citation to the violator.
(h) "License" means any license, permit, or other public document
that conveys to the person to whom it was issued the privilege of
pursuing, possessing, or taking any wildlife regulated by statute, law,
regulation, ordinance, or administrative rule of a participating state.
(i) "Licensing authority" means the department or division within
each participating state that is authorized by law to issue or approve
licenses or permits to hunt, fish, trap, or possess wildlife.
(j) "Participating state" means any state that enacts legislation to
become a member of the wildlife violator compact.
(k) "Personal recognizance" means an agreement made by a
person at the time of issuance of the wildlife citation that the person
will comply with the terms of the citation.
(l) "State" means any state, territory or possession of the United
States, the District of Columbia, the Commonwealth of Puerto Rico,
the provinces of Canada, and other countries.
(m) "Suspension" means any revocation, denial, or withdrawal of
any or all license privileges, including the privilege to apply for,
purchase, or exercise the benefits conferred by any license.
(n) "Terms of the citation" means those conditions and options
expressly stated upon the citation.
(o) "Wildlife" means all species of animals including mammals,
birds, fish, reptiles, amphibians, mollusks, and crustaceans that are
defined as "wildlife" and are protected or otherwise regulated by
statute, law, regulation, ordinance, or administrative rule in a
participating state. Species included in the definition of wildlife vary
from state to state and determination of whether a species is wildlife
for the purposes of this compact is based on local law.
(p) "Wildlife law" means any statute, law, regulation, ordinance,
or administrative rule developed and enacted for the management
and uses of wildlife resources.
(q) "Wildlife officer" means any individual authorized by a
participating state to issue a citation for a wildlife violation.
(r) "Wildlife violation" means any cited violation of a statute, law,
regulation, ordinance, or administrative rule developed and enacted
for the management and uses of wildlife resources.
(s) Unless the context requires otherwise, the definitions of this
section apply throughout the chapter. As added by P.L.23-1999, SEC.2.
IC 14-22-41-5 Citations in participating state
Sec. 5. ARTICLE III
(a) When issuing a citation for a wildlife violation, a wildlife
officer shall issue a citation to any person whose primary residence
is in a participating state in the same manner as the officer would
issue a citation to a resident of the issuing state and may not require
the person to post collateral to secure appearance, subject to the
exception in subsection (b), if the officer receives the recognizance
of the person that the person will comply with the terms of the
citation.
(b) Personal recognizance is acceptable if:
(1) not prohibited by local law or the compact manual; and
(2) the violator provides adequate proof of identification to the
wildlife officer.
(c) Upon conviction or failure of a person to comply with the
terms of a wildlife citation, the appropriate official shall report the
conviction or failure to comply to the licensing authority of the
participating state in which the wildlife citation was issued. The
report must be made in accordance with procedures specified by the
issuing state.
(d) Upon receipt of the report of conviction or noncompliance
under subsection (c), the licensing authority of the issuing state shall
transmit to the licensing authority of the home state of the violator
the information in the form and content prescribed in the compact
manual. As added by P.L.23-1999, SEC.2.
IC 14-22-41-6 Treatment by home state of noncompliance or conviction
Sec. 6. ARTICLE IV
(a) Upon receipt of a report from the licensing authority of the
issuing state reporting the failure of a violator to comply with the
terms of a citation, the licensing authority of the home state shall:
(1) notify the violator;
(2) initiate a suspension action in accordance with the home
state's suspension procedures; and
(3) suspend the violator's license privileges until satisfactory
evidence of compliance with the terms of the wildlife citation
has been furnished by the issuing state to the home state
licensing authority.
Due process safeguards must be accorded.
(b) Upon receipt of a report of conviction from the licensing
authority of the issuing state, the licensing authority of the home
state shall enter the conviction in its records and treat the conviction
as though it occurred in the home state for the purposes of the
suspension of license privileges.
(c) The licensing authority of the home state shall maintain a
record of actions taken and make reports to issuing states. As added by P.L.23-1999, SEC.2.
IC 14-22-41-7 Suspension of license privileges
Sec. 7. ARTICLE V
(a) Each participating state shall recognize the suspension of
license privileges of any person by any participating state as though
the violation resulting in the suspension had occurred in their state
and could have been the basis for suspension of license privileges in
their state.
(b) Each participating state shall communicate suspension
information to other participating states in form and content as
contained in the compact manual. As added by P.L.23-1999, SEC.2.
IC 14-22-41-8 Application of laws and other agreements not affected
Sec. 8. ARTICLE VI
Except as expressly required by provisions of this compact,
nothing in this compact affects the right of any participating state to
apply any of its laws relating to license privileges to any person or
circumstance or to invalidate or prevent any agreement or other
cooperative arrangement between a participating state and a
nonparticipating state concerning wildlife law enforcement. As added by P.L.23-1999, SEC.2. IC 14-22-41-9 Board of compact administrators
Sec. 9. ARTICLE VII
(a) For the purpose of administering the provisions of this
compact and to serve as a governing body for the resolution of all
matters relating to the operation of this compact, a board of compact
administrators is established. The board is composed of one (1)
representative, known as the compact administrator, from each of the
participating states. The compact administrator shall be appointed by
the head of the licensing authority of each participating state and
serve and be subject to removal in accordance with the laws of the
state the compact administrator represents. A compact administrator
may provide for the discharge of the compact administrator's duties
and the performance of the compact administrator's function as a
board member by an alternate. An alternate is not entitled to serve on
the board unless written notification of the alternate's identity has
been given to the board.
(b) Each member of the board of compact administrators is
entitled to one (1) vote. An action of the board is not binding unless
taken at a meeting at which a majority of the total number of the
board's votes are cast in favor of the action. Action by the board must
be at a meeting at which a majority of the participating states are
represented.
(c) The board shall elect annually from its membership a chair and
vice chair.
(d) The board shall adopt bylaws consistent with the provisions
of this compact or the laws of a participating state for the conduct of
its business and shall have the power to amend and rescind its
bylaws.
(e) The board may accept for any of its purposes and functions
under this compact any and all donations and grants of money,
equipment, supplies, materials, and services conditional or otherwise,
from any state, the United States, or any governmental agency, and
may receive, use, and dispose of the same.
(f) The board may contract with, or accept services or personnel
from, any governmental or intergovernmental agency, individual,
firm, or corporation or any private nonprofit organization or
institution.
(g) The board shall formulate all necessary procedures and
develop uniform forms and documents for administering the
provisions of this compact. All procedures and forms adopted under
board action must be contained in a compact manual. As added by P.L.23-1999, SEC.2.
IC 14-22-41-10 Effectiveness of compact
Sec. 10. ARTICLE VIII
(a) This compact becomes effective when it is adopted in a
substantially similar form by two (2) or more states.
(b) Entry into the compact must be made by resolution of
ratification executed by the authorized officials of the applying state
and submitted to the chair of the board. The resolution must
substantially be in the form and content as provided in the compact
manual and include the following:
(1) A citation of the authority from which the state is
empowered to become a party to this compact.
(2) An agreement of compliance with the terms and provisions
of this compact.
The effective date of entry shall be specified by the applying state
but may not be less than sixty (60) days after notice has been given
by the chair of the board of the compact administrators or by the
secretary of the board to each participating state that the resolution
from the applying state has been received.
(c) A participating state may withdraw from participation in this
compact by official written notice to each participating state, but
withdrawal is not effective until ninety (90) days after the notice of
withdrawal is given. The notice must be directed to the compact
administrator of each member state. No withdrawal of any state shall
affect the validity of this compact as to the remaining participating
states. As added by P.L.23-1999, SEC.2.
IC 14-22-41-11 Amendments
Sec. 11. ARTICLE IX
(a) This compact may be amended from time to time.
Amendments must be presented in resolution form to the chair of the
board of compact administrators and be initiated by one (1) or more
participating states.
(b) Adoption of an amendment requires endorsement by all
participating states and becomes effective thirty (30) days after the
date of the last endorsement. As added by P.L.23-1999, SEC.2.
IC 14-22-41-12 Construction
Sec. 12. ARTICLE X
This compact shall be liberally construed so as to effectuate the
purposes stated herein. The provisions of this compact shall be
severable and if any phrase, clause, sentence, or provision of this
compact is declared to be contrary to the constitution of any
participating state or of the United States, or the applicability thereof
to any government, agency, individual, or circumstance is held
invalid, the validity of the remainder of this compact shall not be
affected by the declaration. If this compact is held contrary to the
constitution of any participating state, the compact shall remain in
full force and effect as to the remaining states and in full force and
effect as to the participating state affected as to all severable matters. As added by P.L.23-1999, SEC.2.
