Bill Text: OH HB410 | 2009-2010 | 128th General Assembly | Introduced
Bill Title: To establish an agricultural deer propagating license, an agricultural deer hunting preserve license, and corresponding requirements under the authority of the Director of Agriculture.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2010-01-14 - To Agriculture & Natural Resources [HB410 Detail]
Download: Ohio-2009-HB410-Introduced.html
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Representative Okey
Cosponsors:
Representatives Weddington, Domenick, Stebelton, Zehringer, Amstutz
To amend sections 901.511, 918.12, and 943.01 and to | 1 |
enact sections 943.20 to 943.30 of the Revised | 2 |
Code to establish an agricultural deer | 3 |
propagating license, an agricultural deer hunting | 4 |
preserve license, and corresponding requirements | 5 |
under the authority of the Director of | 6 |
Agriculture. | 7 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 901.511, 918.12, and 943.01 be | 8 |
amended and sections 943.20, 943.21, 943.22, 943.23, 943.24, | 9 |
943.25, 943.26, 943.27, 943.28, 943.29, and 943.30 of the Revised | 10 |
Code be enacted to read as follows: | 11 |
Sec. 901.511. (A) As used in this section: | 12 |
(1) "Agricultural product" means any of the following items | 13 |
that is produced for testing or research in the context of a | 14 |
product development program in conjunction or coordination with a | 15 |
private research facility, a university, or any federal, state, or | 16 |
local governmental agency or that is produced for personal, | 17 |
commercial, pharmaceutical, or educational purposes: field crop or | 18 |
field crop product; timber or timber product; forestry product; | 19 |
livestock or livestock product; meat or meat product; milk or | 20 |
dairy product; poultry or poultry product; equine animal; wool; | 21 |
fruit or vegetable crop; aquacultural product; horticultural crop, | 22 |
including plant materials grown in a greenhouse, nursery stock | 23 |
grown inside or outside of a container, ornamental grass, turf | 24 |
grass, ornamental trees, ornamental shrubs, or flowers; sod; | 25 |
mushrooms; viticultural product; apicultural product; tobacco; | 26 |
pasture; wild animal or domestic deer, as "wild animal" and | 27 |
"domestic deer" are defined in section 1531.01 of the Revised | 28 |
Code; agricultural deer as defined in section 943.20 of the | 29 |
Revised Code; or any combination of those items. | 30 |
(2) "Equipment" means any implement, machinery, real or | 31 |
personal property, building, or structure that is used in the | 32 |
production, growing, harvesting, or housing of any agricultural | 33 |
product. "Equipment" also includes any laboratory, research, | 34 |
product, samples, supplies, or fixed equipment that is used to | 35 |
test, develop, or analyze the process of producing, growing, or | 36 |
maintaining any agricultural product. | 37 |
(3) "Material support or resources" means currency, payment | 38 |
instruments, other financial securities, financial services, | 39 |
lodging, training, safehouses, false documentation or | 40 |
identification, communications equipment, facilities, weapons, | 41 |
lethal substances, explosives, personnel, transportation, and | 42 |
other physical assets, except medicine or religious materials. | 43 |
(4) "Payment instrument" means a check, draft, money order, | 44 |
traveler's check, cashier's check, teller's check, or other | 45 |
instrument or order for the transmission or payment of money | 46 |
regardless of whether the item in question is negotiable. | 47 |
(5) "Specified offense" means either of the following: | 48 |
(a) A violation of section 2909.02, 2909.03, 2909.05, | 49 |
2909.06, 2909.07, 2911.13, 2911.21, 2913.02, 2913.04, or 2913.42 | 50 |
of the Revised Code; | 51 |
(b) An attempt to commit, complicity in committing, or a | 52 |
conspiracy to commit an offense listed in division (A)(5)(a) of | 53 |
this section. | 54 |
(B) No person shall commit a specified offense involving any | 55 |
agricultural product or equipment with the intent to do any of the | 56 |
following: | 57 |
(1) Intimidate or coerce a civilian population; | 58 |
(2) Influence the policy of any government by intimidation or | 59 |
coercion; | 60 |
(3) Affect the conduct of any government; | 61 |
(4) Interrupt or interfere with agricultural production, | 62 |
agricultural research, or equipment for purposes of disrupting or | 63 |
influencing, through intimidation or other means, consumer | 64 |
confidence or agricultural production methods. | 65 |
Division (B) of this section does not apply to the practice | 66 |
of veterinary medicine by a person who has been issued a valid | 67 |
license, temporary permit, or registration certificate to practice | 68 |
veterinary medicine under Chapter 4741. of the Revised Code. As | 69 |
used in this division, "practice of veterinary medicine" has the | 70 |
same meaning as in section 4741.01 of the Revised Code. | 71 |
(C) No person shall raise, solicit, collect, donate, or | 72 |
provide any material support or resources with the purpose that | 73 |
the material support or resources will be used in whole or in part | 74 |
to plan, prepare, carry out, or aid in either a violation of | 75 |
division (B) of this section or in the concealment of, or an | 76 |
escape from, a violation of that division. | 77 |
(D)(1) In addition to the penalties established in section | 78 |
901.99 of the Revised Code for a violation of this section, the | 79 |
court may require any person who violates this section to pay the | 80 |
victim of the offense an amount up to triple the value of the | 81 |
agricultural product or equipment that was the subject of the | 82 |
violation. | 83 |
(2) In ordering restitution under division (D)(1) of this | 84 |
section, the court shall consider as part of the value of the | 85 |
agricultural product or equipment the market value of the | 86 |
agricultural product or equipment prior to the violation and the | 87 |
production, research, testing, replacement, and development costs | 88 |
directly related to the agricultural product or equipment that was | 89 |
the subject of the violation. | 90 |
(E) The enactment of this section is not intended to require | 91 |
the prosecution exclusively under this section of an act, series | 92 |
of acts, or course of behavior that could be prosecuted either | 93 |
under this section or under another section of the Revised Code. | 94 |
One or more acts, series of acts, or courses of behavior that may | 95 |
be prosecuted either under this section or under another section | 96 |
of the Revised Code may be prosecuted under this section, the | 97 |
other section, or both sections. | 98 |
Sec. 918.12. (A) An establishment, as defined in section | 99 |
918.01 of the Revised Code, that slaughters or otherwise prepares | 100 |
meat of bison, cervidea, other bovidea, camelidae and hybrids | 101 |
thereof, ratites, domestic rabbits, agricultural deer as defined | 102 |
in
section 943.20 of the Revised Code, domestic deer | 103 |
in section 1531.01 of the Revised Code, or other animals | 104 |
determined by the director of agriculture by rule for human food | 105 |
purposes may receive voluntary state inspection, as defined in | 106 |
division (B) of section 918.01 of the Revised Code, if the | 107 |
establishment complies with sections 918.01 to 918.11 of the | 108 |
Revised Code and the rules adopted under those sections for | 109 |
establishments that slaughter or otherwise prepare for food | 110 |
purposes other animals and if the establishment complies with | 111 |
division (C) of this section. | 112 |
(B) The owner of an establishment, as defined in section | 113 |
918.21 of the Revised Code, who slaughters or otherwise prepares | 114 |
the meat of pheasant, quail, partridge, peafowl, grouse, captive | 115 |
raised wild turkey, captive raised waterfowl, or other poultry | 116 |
determined by the director by rule may receive voluntary state | 117 |
inspection as defined in division (I) of section 918.21 of the | 118 |
Revised Code and the rules adopted under those sections for | 119 |
establishments that slaughter or otherwise prepare for food | 120 |
purposes other poultry and if the establishment complies with | 121 |
division (C) of this section and sections 918.21 to 918.28 of the | 122 |
Revised Code. | 123 |
(C) An establishment that receives voluntary state inspection | 124 |
under division (A) or (B) of this section shall pay the costs of | 125 |
the inspection at a rate and under terms established by rule of | 126 |
the director of agriculture in accordance with section 918.04 of | 127 |
the Revised Code. | 128 |
Sec. 943.01. As used in sections 943.01 to 943.18 of the | 129 |
Revised Code: | 130 |
(A) "Animals" or "livestock" means horses, mules, and other | 131 |
equidae, cattle, sheep, and goats and other bovidae, swine and | 132 |
other suidae, poultry, alpacas, and llamas. | 133 |
(B) "Dealer" or "broker" means any person found by the | 134 |
department of agriculture buying, receiving, selling, | 135 |
slaughtering, with the exception of those persons designated by | 136 |
division (B)(1) of section 918.10 of the Revised Code, exchanging, | 137 |
negotiating, or soliciting the sale, resale, exchange, or transfer | 138 |
of any animals in an amount of more than two hundred fifty head of | 139 |
cattle, horses, or other equidae or five hundred head of sheep, | 140 |
goats, or other bovidae, swine and other suidae, poultry, | 141 |
alpacas, or llamas during any one year. "Dealer" or "broker" | 142 |
does not mean any of the following: | 143 |
(1) Any railroad or other carrier transporting animals either | 144 |
interstate or intrastate; | 145 |
(2) Any person who by dispersal sale is permanently | 146 |
discontinuing the business of farming, dairying, breeding, | 147 |
raising, or feeding animals; | 148 |
(3) Any person who sells livestock that has been raised from | 149 |
birth on the premises of the person; | 150 |
(4) Any person who buys or receives animals for grazing or | 151 |
feeding purposes at a premises owned or controlled by the person | 152 |
and sells or disposes of the animals after the minimum grazing or | 153 |
feeding period of thirty days; | 154 |
(5) Any person who places livestock in facilities other than | 155 |
the person's own pursuant to a written agreement for feeding or | 156 |
finishing, provided that the person retains legal and equitable | 157 |
title to the livestock during the term of the agreement. | 158 |
The exemptions set forth in divisions (B)(1) to (5) of this | 159 |
section are exclusive of those activities requiring licensure | 160 |
under | 161 |
so that a person shall be deemed to be a dealer or broker or | 162 |
subject to divisions (B)(1) to (5) of this section, but shall | 163 |
not be, or be subject to, both. No person who is a licensed | 164 |
dealer or broker and whose license is suspended shall have | 165 |
livestock or animals exempted pursuant to divisions (B)(1) to | 166 |
(5) of this section. | 167 |
"Dealer" or "broker" does not include any person who has | 168 |
been issued an agricultural deer propagating license under | 169 |
section 943.22 of the Revised Code or an agricultural deer | 170 |
hunting preserve license under section 943.24 of the Revised | 171 |
Code. | 172 |
(C) "Employee" means any person employed by a dealer or | 173 |
broker to act in the dealer's or broker's behalf to buy, sell, | 174 |
exchange, negotiate, or solicit sale or resale of animals in the | 175 |
dealer's or broker's name. | 176 |
(D) "Small dealer" means any person found by the department | 177 |
buying, receiving, selling, slaughtering, with the exception of | 178 |
those persons designated by division (B)(1) of section 918.10 of | 179 |
the Revised Code, exchanging, negotiating, or soliciting the sale, | 180 |
resale, exchange, or transfer of any animals in an amount of two | 181 |
hundred fifty head or less of cattle, horses, or other equidae or | 182 |
five hundred head or less of sheep, goats, or other bovidae, swine | 183 |
or other suidae, poultry, alpacas, or llamas during any one year. | 184 |
Sec. 943.20. As used in this section and sections 943.21 to | 185 |
943.30 of the Revised Code: | 186 |
(A) "Agricultural deer" means captive deer that have been | 187 |
legally acquired or their offspring and that are privately owned | 188 |
primarily for the purposes of agriculture, propagation, or the | 189 |
operation of a hunting preserve. | 190 |
(B) "Authorized enclosure" means an area of land that is | 191 |
surrounded by a fence that complies with division (A) of section | 192 |
943.23 of the Revised Code. | 193 |
(C) "Chronic wasting disease" has the same meaning as in 9 | 194 |
C.F.R. 55.1. | 195 |
(D) "Hunting preserve" means an area of land where | 196 |
agricultural deer are released and hunted as authorized by an | 197 |
agricultural deer hunting preserve license obtained under section | 198 |
943.24 of the Revised Code. | 199 |
(E) "Rule" means a rule adopted under section 943.26 of the | 200 |
Revised Code. | 201 |
Sec. 943.21. The department of agriculture, in cooperation | 202 |
with the department of natural resources, has authority to | 203 |
regulate agricultural deer. | 204 |
Sec. 943.22. (A) Except as otherwise provided by rules, a | 205 |
person desiring to engage in the business of propagating and | 206 |
selling agricultural deer in an authorized enclosure that is owned | 207 |
or leased by the person shall apply in writing to the director of | 208 |
agriculture for a license to do so. | 209 |
(B)(1) The director may issue to the applicant an | 210 |
agricultural deer propagating license if all of the following | 211 |
conditions are satisfied: | 212 |
(a) The application is made in good faith. | 213 |
(b) The applicant complies with or, in the case of an | 214 |
application for an initial license, has demonstrated to the | 215 |
director's satisfaction that the applicant will comply with | 216 |
section 943.23 of the Revised Code. | 217 |
(c) The applicant pays a license fee of three hundred | 218 |
dollars. | 219 |
(2) An agricultural deer propagating licensee may do all of | 220 |
the following: | 221 |
(a) Propagate agricultural deer in an authorized enclosure | 222 |
that is specified in the license application; | 223 |
(b) Sell agricultural deer and ship them alive within and | 224 |
outside the state at any time; | 225 |
(c) In the case of the licensee and the licensee's employees, | 226 |
kill agricultural deer and sell the carcasses for food in | 227 |
accordance with sections 918.01 to 918.12 of the Revised Code. | 228 |
The director, in consultation with the director of natural | 229 |
resources, may establish terms and conditions of a license. | 230 |
(C) A license issued under this section expires on the | 231 |
fifteenth day of March of each year. A licensee wishing to | 232 |
continue to propagate and sell agricultural deer shall apply for a | 233 |
new license under this section and shall include with the | 234 |
application the information that is required by division (G)(1) of | 235 |
section 943.23 of the Revised Code. | 236 |
(D) All money collected under this section shall be credited | 237 |
to the agricultural deer fund created in section 943.30 of the | 238 |
Revised Code. | 239 |
Sec. 943.23. (A) An agricultural deer propagating licensee | 240 |
shall keep agricultural deer in an authorized enclosure that is | 241 |
surrounded by a fence that is eight feet in height with a minimal | 242 |
deviation not to exceed four per cent, is constructed in a manner | 243 |
that prevents ingress and egress of deer, and is constructed of | 244 |
materials that are approved by the director of agriculture in | 245 |
rules. | 246 |
A person who is raising and selling agricultural deer on the | 247 |
effective date of this section shall comply with the fence | 248 |
requirements established in this division not later than one year | 249 |
after the director has adopted rules under division (A) of section | 250 |
943.26 of the Revised Code. | 251 |
(B) An agricultural deer propagating licensee only shall | 252 |
purchase or acquire agricultural deer from, or sell or otherwise | 253 |
transfer agricultural deer to, another such licensee or from a | 254 |
herd that is monitored by the United States department of | 255 |
agriculture for chronic wasting disease or any other animal | 256 |
disease. | 257 |
(C) Each agricultural deer that is raised by a licensee and | 258 |
held in an authorized enclosure that is owned or leased by the | 259 |
licensee shall be identified with a tag that has a symbol | 260 |
identifying the licensee and a distinctive number for that deer. | 261 |
(D) If an agricultural deer escapes or is missing from an | 262 |
authorized enclosure that is owned or leased by a licensee, the | 263 |
licensee shall notify by telephone the director and a wildlife | 264 |
officer designated under section 1531.13 of the Revised Code for | 265 |
the county in which the enclosure is located within twenty-four | 266 |
hours after the licensee determines that the agricultural deer | 267 |
has escaped or is missing. | 268 |
(E) A licensee shall submit animal tissue from ten per cent | 269 |
of all of the licensee's agricultural deer that are twelve months | 270 |
of age or older and that have died or thirty such deer, whichever | 271 |
is less, to the animal disease diagnostic laboratory in the | 272 |
department of agriculture for chronic wasting disease testing. The | 273 |
director shall send the results of the testing to the licensee. If | 274 |
the results of the testing indicate that an agricultural deer had | 275 |
chronic wasting disease, the director shall take appropriate | 276 |
actions as provided in sections 941.01 to 941.15 of the Revised | 277 |
Code. | 278 |
(F) A licensee shall dispose of the body of an agricultural | 279 |
deer that dies of a dangerously contagious or infectious disease, | 280 |
as defined in section 941.01 of the Revised Code, in accordance | 281 |
with section 941.14 of the Revised Code. | 282 |
(G)(1) A licensee shall file with a license renewal | 283 |
application, on a form provided by the director, a complete and | 284 |
accurate report signed by the licensee showing the total number of | 285 |
agricultural deer that have been held by the licensee in the | 286 |
previous twelve months. If the licensee fails to file the | 287 |
inventory report with the renewal application, the director shall | 288 |
not renew the license. In addition, a licensee shall file a | 289 |
duplicate copy of the report with the chief of the division of | 290 |
wildlife in the department of natural resources. | 291 |
(2) A licensee shall maintain and keep all of the following | 292 |
on the premises of the licensee: | 293 |
(a) Records of all agricultural deer that are held, purchased | 294 |
or otherwise acquired, sold or otherwise transferred, or killed in | 295 |
an authorized enclosure that is owned or leased by the licensee. | 296 |
The records shall include the distinctive number that is assigned | 297 |
to each agricultural deer as required in division (C) of this | 298 |
section. | 299 |
(b) The name and address of a recipient or consignee of any | 300 |
agricultural deer that is raised by the licensee and the date on | 301 |
which the person received or was consigned the agricultural deer; | 302 |
(c) Records that verify that each agricultural deer that is | 303 |
raised and sold by the licensee was purchased or otherwise | 304 |
acquired from another agricultural deer propagating licensee or | 305 |
from a herd that is monitored by the United States department of | 306 |
agriculture for chronic wasting disease or any other animal | 307 |
disease; | 308 |
(d) Herd and individual animal health certificates, including | 309 |
certificates of veterinary inspection, and the results of any | 310 |
tests performed under division (E) of this section. | 311 |
(H) No agricultural deer propagating licensee shall fail to | 312 |
comply with this section. | 313 |
Sec. 943.24. (A) Except as otherwise provided by rules, no | 314 |
person shall hunt or offer for hunting any agricultural deer | 315 |
except in a licensed agricultural deer hunting preserve. No | 316 |
person shall own or operate an agricultural deer hunting preserve | 317 |
without first obtaining a license to do so issued by the director | 318 |
of agriculture under this section. | 319 |
(B) Application for an agricultural deer hunting preserve | 320 |
license shall be made on a form prescribed by the director and | 321 |
shall be accompanied by an annual license fee of three hundred | 322 |
dollars. The application shall contain a description of the lands | 323 |
that constitute or will constitute the preserve and any other | 324 |
information that is required by the director in rules. | 325 |
(C) Except as otherwise provided in division (E) of this | 326 |
section, the director, upon payment of the license fee, may issue | 327 |
to an applicant an agricultural deer hunting preserve license if | 328 |
both of the following conditions are met: | 329 |
(1) The agricultural deer hunting preserve complies with or, | 330 |
in the case of an application for an initial license, the | 331 |
applicant has demonstrated to the director's satisfaction that | 332 |
the proposed preserve will comply with section 943.25 of the | 333 |
Revised Code. | 334 |
(2) The applicant is the owner or lessee of the land | 335 |
described in the application and the applicant certifies that the | 336 |
applicant will remain the owner or lessee of the land until the | 337 |
license expires. | 338 |
The director, in consultation with the director of natural | 339 |
resources, may establish terms and conditions of a license. | 340 |
(D) A license issued under this section expires on the | 341 |
fifteenth day of March of each year. A licensee wishing to | 342 |
continue to own or operate an agricultural deer hunting preserve | 343 |
shall apply for a new license under this section. | 344 |
(E) The director of agriculture shall not issue an | 345 |
agricultural deer hunting preserve license to an applicant that | 346 |
owns or leases an authorized enclosure that is not in compliance | 347 |
with division (B) of section 943.25 of the Revised Code. | 348 |
(F) All money collected under this section shall be credited | 349 |
to the agricultural deer fund created in section 943.30 of the | 350 |
Revised Code. | 351 |
Sec. 943.25. (A) An agricultural deer hunting preserve that | 352 |
is licensed under section 943.24 of the Revised Code shall be not | 353 |
less than eighty acres in area. A hunting preserve shall be | 354 |
located in one continuous block of land, except that the block of | 355 |
land may be intersected by highways or roads if the hunting | 356 |
preserve was in operation prior to the effective date of this | 357 |
section. | 358 |
(B) Except for a hunting preserve that was in operation prior | 359 |
to the effective date of this section, an agricultural deer | 360 |
hunting preserve licensee shall maintain or keep agricultural | 361 |
deer in an authorized enclosure. | 362 |
The owner or lessee of a hunting preserve that was in | 363 |
operation prior to the effective date of this section and that | 364 |
wishes to operate in accordance with a license issued under | 365 |
section 943.24 of the Revised Code shall comply with the fence | 366 |
requirements established for authorized enclosures not later than | 367 |
one year after the director has adopted rules under division (A) | 368 |
of section 943.26 of the Revised Code. | 369 |
(C) A licensee only shall release and allow to be hunted | 370 |
within the confines of the licensee's agricultural deer hunting | 371 |
preserve either or both of the following: | 372 |
(1) Deer that have been propagated by a person who holds an | 373 |
agricultural deer propagating license issued under section 943.22 | 374 |
of the Revised Code; | 375 |
(2) Deer that have been purchased from a herd that is | 376 |
monitored by the United States department of agriculture for | 377 |
chronic wasting disease or any other animal disease or that has | 378 |
had animal tissue from ten per cent of all of the herd's | 379 |
agricultural deer that are twelve months of age or older and that | 380 |
have died or thirty such deer, whichever is less, submitted to the | 381 |
animal disease diagnostic laboratory in the department of | 382 |
agriculture for chronic wasting disease, provided that the | 383 |
agricultural deer have been found not to have chronic wasting | 384 |
disease. | 385 |
A licensee shall allow to be hunted within the confines of | 386 |
the licensee's agricultural deer hunting preserve agricultural | 387 |
deer, without regard to sex, bag limit, or hunting season, by | 388 |
hunters who have been authorized by the licensee to hunt on the | 389 |
preserve. | 390 |
Division (C) of this section does not preclude a licensee | 391 |
from allowing other animals to be hunted within the confines of | 392 |
the licensee's agricultural deer hunting preserve. If such animals | 393 |
are nonnative wildlife, as defined in section 1531.01 of the | 394 |
Revised Code, the licensee shall apply for a wild animal hunting | 395 |
preserve license in accordance with section 1533.721 of the | 396 |
Revised Code. | 397 |
(D) If an agricultural deer escapes or is missing from an | 398 |
enclosure that is owned or leased by a licensee, the licensee | 399 |
shall notify by telephone the director and a wildlife officer | 400 |
designated under section 1531.13 of the Revised Code for the | 401 |
county in which the enclosure is located within twenty-four hours | 402 |
after the licensee determines that the agricultural deer has | 403 |
escaped or is missing. | 404 |
(E) A licensee shall dispose of the body of an agricultural | 405 |
deer that dies of a dangerously contagious or infectious disease, | 406 |
as defined in section 941.01 of the Revised Code, in accordance | 407 |
with section 941.14 of the Revised Code. | 408 |
(F) No agricultural deer hunting preserve licensee shall fail | 409 |
to comply with this section. | 410 |
Sec. 943.26. The director of agriculture shall adopt rules | 411 |
in accordance with Chapter 119. of the Revised Code that do all of | 412 |
the following: | 413 |
(A) Compile a list of materials that must be used to | 414 |
construct fences for authorized enclosures for the purposes of | 415 |
sections 943.23 and 943.25 of the Revised Code. In adopting the | 416 |
rules, the director shall consult with the animal and plant health | 417 |
inspection service in the United States department of agriculture, | 418 |
the chief of the division of wildlife in the department of natural | 419 |
resources, and representatives of the Ohio cervid industry. | 420 |
(B) Establish information that must be included in an | 421 |
application for a license to own or operate an agricultural deer | 422 |
hunting preserve. The director shall consult with the chief in | 423 |
adopting rules under this division. | 424 |
(C) After consultation with the director of natural | 425 |
resources, establish the amount of civil penalties that may be | 426 |
assessed by the director of agriculture under division (B) of | 427 |
section 943.29 of the Revised Code for violation of section | 428 |
943.22, 943.23, 943.24, 943.25, or 943.27 of the Revised Code; | 429 |
(D) Any other requirements and procedures that are necessary | 430 |
to administer and enforce sections 943.20 to 943.30 of the Revised | 431 |
Code. | 432 |
Sec. 943.27. No person shall do either of the following: | 433 |
(A) Take a white-tailed deer from the wild into an authorized | 434 |
enclosure that houses agricultural deer; | 435 |
(B) Knowingly release or knowingly fail to prevent the escape | 436 |
of agricultural deer from an authorized enclosure or other holding | 437 |
area that is owned or leased by an agricultural deer propagating | 438 |
licensee or an agricultural deer hunting preserve licensee. | 439 |
Sec. 943.28. (A) The director of agriculture or the | 440 |
director's authorized representative, after reasonable notice to | 441 |
the chief of the division of wildlife in the department of natural | 442 |
resources, may enter at reasonable times on the premises of | 443 |
agricultural deer propagating licensees and agricultural deer | 444 |
hunting preserve licensees to conduct investigations and | 445 |
inspections or to otherwise execute duties that are necessary for | 446 |
the administration and enforcement of sections 943.20 to 943.30 | 447 |
of the Revised Code. Upon request of the director of natural | 448 |
resources or the chief, the director of agriculture may invite the | 449 |
director of natural resources or the director's authorized | 450 |
representative to participate in an entry on the premises. If | 451 |
refused entry, the director of agriculture or the director's | 452 |
authorized representative may apply for and the court of common | 453 |
pleas having jurisdiction may issue an appropriate warrant. With | 454 |
regard to agricultural deer propagating licensees, the director | 455 |
or the director's authorized representative may examine and copy | 456 |
at reasonable times any records that are required to be kept and | 457 |
maintained by section 943.23 of the Revised Code. The director | 458 |
shall provide copies of those records to the chief upon request. | 459 |
(B) The chief may request the director of agriculture to | 460 |
conduct an inspection of the premises of an agricultural deer | 461 |
propagating licensee or agricultural deer hunting preserve | 462 |
licensee. The director shall comply with such a request. | 463 |
Sec. 943.29. (A) The director of agriculture, in | 464 |
consultation with the director of natural resources, may propose | 465 |
to require corrective actions and assess a civil penalty against | 466 |
an agricultural deer propagating licensee or an agricultural deer | 467 |
hunting preserve licensee if the director of agriculture or the | 468 |
director's authorized representative determines that the licensee | 469 |
is not in compliance with section 943.22, 943.23, 943.24, 943.25, | 470 |
or 943.27 of the Revised Code, as applicable, the terms and | 471 |
conditions of the agricultural deer propagating license or | 472 |
agricultural deer hunting preserve license, as applicable, or | 473 |
rules. However, the director may assess a civil penalty only if | 474 |
all of the following occur: | 475 |
(1) The director has notified the director of natural | 476 |
resources that the director of agriculture intends to assess a | 477 |
civil penalty against the licensee. | 478 |
(2) The licensee is notified in writing of the deficiencies | 479 |
resulting in noncompliance, the actions that the licensee must | 480 |
take to correct the deficiencies, and the time period within which | 481 |
the licensee must correct the deficiencies and attain compliance. | 482 |
(3) After the time period that is specified in the notice has | 483 |
elapsed, the director of agriculture or the director's authorized | 484 |
representative has inspected the authorized enclosure that is | 485 |
owned or leased by the licensee, determined that the licensee is | 486 |
still not in compliance, and issued a notice of an adjudication | 487 |
hearing. | 488 |
(4) The director affords the licensee an opportunity for an | 489 |
adjudication hearing under Chapter 119. of the Revised Code | 490 |
regarding the director's determination that the licensee is not in | 491 |
compliance or the assessment of the civil penalty, or both. | 492 |
However, the licensee may waive the right to an adjudication | 493 |
hearing. | 494 |
(B) If the opportunity for an adjudication hearing is waived | 495 |
or if, after an adjudication hearing, the director determines that | 496 |
a violation has occurred or is occurring, the director may issue | 497 |
an order requiring compliance and assess a civil penalty. The | 498 |
order and the assessment of the civil penalty may be appealed in | 499 |
accordance with section 119.12 of the Revised Code. | 500 |
A civil penalty assessed under this section shall be in an | 501 |
amount established in rules. Each thirty-day period during which a | 502 |
violation continues constitutes a separate violation, except that | 503 |
for a violation of section 943.22, 943.23, 943.24, 943.25, or | 504 |
943.27 of the Revised Code, each seven-day period during which a | 505 |
violation continues constitutes a separate violation. | 506 |
(C) If after the assessment of a civil penalty under division | 507 |
(B) of this section a licensee continues to be in violation of | 508 |
section 943.22, 943.23, 943.24, 943.25, or 943.27 of the Revised | 509 |
Code, the terms and conditions of a license, or rules, the | 510 |
director may conduct an adjudication hearing under Chapter 119. of | 511 |
the Revised Code to suspend or revoke the licensee's license. | 512 |
(D) All money collected under this section shall be credited | 513 |
to the agricultural deer fund created in section 943.30 of the | 514 |
Revised Code. | 515 |
Sec. 943.30. The agricultural deer fund is hereby created in | 516 |
the state treasury. The fund shall consist of money credited to it | 517 |
under sections 943.20 to 943.30 of the Revised Code. The director | 518 |
of agriculture shall use money in the fund to administer those | 519 |
sections. | 520 |
Section 2. That existing sections 901.511, 918.12, and | 521 |
943.01 of the Revised Code are hereby repealed. | 522 |