Bill Title: To establish a commercial deer propagating license, a commercial deer hunting preserve license, and corresponding requirements under the authority of the Director of Agriculture.
Spectrum: Partisan Bill (Republican 6-0)
Status: (Introduced - Dead) 2010-01-19 - To Agriculture
[SB225 Detail]Download: Ohio-2009-SB225-Introduced.html
As Introduced
128th General Assembly | Regular Session | 2009-2010 |
| |
Cosponsors:
Senators Wagoner, Seitz, Patton, Stewart, Schaffer
A BILL
| To amend sections 901.511, 918.12, 943.01, and 943.02 | 1 |
|
and to enact sections 943.20 to 943.30 of the | 2 |
|
Revised Code to establish a commercial deer | 3 |
|
propagating license, a commercial deer hunting | 4 |
|
preserve license, and corresponding requirements | 5 |
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under the authority of the Director of | 6 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 901.511, 918.12, 943.01, and 943.02 | 8 |
be 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; commercial deer as defined in section 943.20 of the Revised | 29 |
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,
commercial deer as defined in | 102 |
section 943.20 of the Revised Code, domestic deer, as defined in | 103 |
section 1531.01 of the Revised Code, or
other animals determined | 104 |
by the director of agriculture by rule for
human
food purposes may | 105 |
receive voluntary state inspection, as defined in
division (B) of | 106 |
section 918.01 of the Revised Code, if the establishment
complies | 107 |
with sections 918.01 to
918.11 of the Revised Code and the rules | 108 |
adopted under those
sections for establishments that slaughter or | 109 |
otherwise prepare
for food purposes other animals and if the | 110 |
establishment complies with
division (C) of this section. | 111 |
(B) The owner of an establishment, as defined in section | 112 |
918.21 of the
Revised Code, who slaughters or otherwise prepares | 113 |
the meat of
pheasant,
quail, partridge, peafowl, grouse, captive | 114 |
raised wild turkey, captive raised
waterfowl, or other poultry | 115 |
determined by the director by rule may receive
voluntary state | 116 |
inspection as defined in division (I) of section 918.21 of the | 117 |
Revised Code and the rules adopted under those sections for | 118 |
establishments
that slaughter or otherwise prepare for food | 119 |
purposes other poultry and if the
establishment complies with | 120 |
division (C) of this section and sections 918.21
to 918.28 of the | 121 |
Revised Code. | 122 |
(C) An establishment that receives voluntary
state inspection | 123 |
under division (A) or (B) of this section
shall pay the costs of | 124 |
the inspection at a rate and under
terms established by rule of | 125 |
the director of agriculture in accordance with
section 918.04 of | 126 |
the Revised Code. | 127 |
Sec. 943.01. As used in sections 943.01 to 943.18 of the | 128 |
Revised Code: | 129 |
(A) "Animals" or "livestock" means horses, mules, and
other | 130 |
equidae, cattle, sheep, and goats and other bovidae, swine
and | 131 |
other suidae, commercial deer as defined in section 943.20 of the | 132 |
Revised Code, 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 or swine and other suidae or alpacas or | 141 |
llamas
during any one year. "Dealer" or "broker" does not mean any | 142 |
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 |
(6) Any person who has been issued a commercial deer | 159 |
propagating license under section 943.22 of the Revised Code or a | 160 |
commercial deer hunting preserve license under section 943.24 of | 161 |
the Revised Code. | 162 |
The exemptions set forth in divisions (B)(1) to (5)(6)
of | 163 |
this
section are
exclusive of those activities requiring | 164 |
licensure
under this chaptersections 943.01 to 943.18 of the | 165 |
Revised Code, so that
a person shall be deemed to
be a
dealer or | 166 |
broker or subject to divisions
(B)(1) to
(5)(6) of this
section, | 167 |
but shall not be, or be subject to, both.
No
person who
is a | 168 |
licensed dealer or broker and whose license is
suspended
shall | 169 |
have livestock or animals exempted pursuant to
divisions
(B)(1) | 170 |
to (5)(6)
of this section. | 171 |
(C) "Employee" means any person employed by a dealer or | 172 |
broker to act in the dealer's or broker's behalf to buy,
sell, | 173 |
exchange, negotiate, or
solicit sale or resale of animals in the | 174 |
dealer's or broker's
name. | 175 |
Sec. 943.02. (A) No person shall act as a dealer or broker | 176 |
without first being licensed. No person shall be an employee of | 177 |
more than one dealer or broker. Except as provided in division (B) | 178 |
of this
section, no person holding a license as a
dealer or broker | 179 |
shall be an employee. No employee shall act for
any dealer or | 180 |
broker unless the dealer or broker is licensed,
and has designated | 181 |
the employee to act in histhe dealer's or
broker's behalf and has | 182 |
notified the department of agriculture in histhe application
for | 183 |
license or has given official notice in writing of the
appointment | 184 |
of the employee. The dealer or broker shall be
accountable and | 185 |
responsible for all contracts pertaining to the
purchase, | 186 |
exchange, or sale of livestock made by the employee.
The dealer or | 187 |
broker who terminates the services of an employee
shall notify the | 188 |
department in writing of the employee's
termination. No person who | 189 |
is a licensed dealer or broker shall have
livestock exempted | 190 |
pursuant to divisions (B)(1) through (5)to (6) of section 943.01 | 191 |
of the Revised Code. | 192 |
(B) A dealer or broker may be an employee of other dealers or | 193 |
brokers only
when hethe dealer or broker so employed is a | 194 |
soliciting agent
for a video auction. | 195 |
(C) The director of agriculture shall define by rule | 196 |
"soliciting agent" and
"video auction" for the purposes of this | 197 |
section. | 198 |
Sec. 943.20. As used in this section and sections 943.21 to | 199 |
943.30 of the Revised Code: | 200 |
(A) "Authorized enclosure" means an area of land that is | 201 |
surrounded by a fence that complies with division (A) of section | 202 |
943.23 of the Revised Code. | 203 |
(B) "Chronic wasting disease" has the same meaning as in 9 | 204 |
C.F.R. 55.1. | 205 |
(C) "Commercial deer" means captive deer that have been | 206 |
legally acquired or their offspring and that are privately owned | 207 |
primarily for the purposes of agriculture, propagation, or the | 208 |
operation of a hunting preserve. | 209 |
(D) "Hunting preserve" means an area of land where commercial | 210 |
deer are released and hunted as authorized by a commercial deer | 211 |
hunting preserve license obtained under section 943.24 of the | 212 |
Revised Code. | 213 |
(E) "Rule" means a rule adopted under section 943.26 of the | 214 |
Revised Code. | 215 |
Sec. 943.21. The department of agriculture the sole | 216 |
authority to regulate commercial deer. | 217 |
Sec. 943.22. (A) Except as otherwise provided by rules, a | 218 |
person desiring to engage in the business of propagating and | 219 |
selling commercial deer in an authorized enclosure that is owned | 220 |
or leased by the person shall apply in writing to the director of | 221 |
agriculture for a license to do so. | 222 |
(B)(1) The director may issue to the applicant a commercial | 223 |
deer propagating license if all of the following conditions are | 224 |
satisfied: | 225 |
(a) The application is made in good faith. | 226 |
(b) The applicant complies with or, in the case of an | 227 |
application for an initial license, has demonstrated to the | 228 |
director's satisfaction that the applicant will comply with | 229 |
section 943.23 of the Revised Code. | 230 |
(c) The applicant pays a license fee of three hundred | 231 |
dollars. | 232 |
(2) A commercial deer propagating licensee may do all of the | 233 |
following: | 234 |
(a) Propagate commercial deer in an authorized enclosure that | 235 |
is specified in the license application; | 236 |
(b) Sell commercial deer and ship them alive within and | 237 |
outside the state at any time; | 238 |
(c) In the case of the licensee and the licensee's employees, | 239 |
kill commercial deer and sell the carcasses for food in accordance | 240 |
with sections 918.01 to 918.12 of the Revised Code. | 241 |
The director may establish terms and conditions of a license. | 242 |
(C) A license issued under this section expires on the | 243 |
fifteenth day of March of each year. A licensee wishing to | 244 |
continue to propagate and sell commercial deer shall apply for a | 245 |
new license under this section and shall include with the | 246 |
application the information that is required by division (G)(1) of | 247 |
section 943.23 of the Revised Code. | 248 |
(D) All money collected under this section shall be credited | 249 |
to the commercial deer fund created in section 943.30 of the | 250 |
Revised Code. | 251 |
Sec. 943.23. (A) A commercial deer propagating licensee | 252 |
shall keep commercial deer in an authorized enclosure that is | 253 |
surrounded by a fence that is eight feet in height with a minimal | 254 |
deviation not to exceed four per cent, is constructed in a manner | 255 |
that prevents ingress and egress of deer, and is constructed of | 256 |
materials that are approved by the director of agriculture in | 257 |
rules. | 258 |
A person who is raising and selling commercial deer on the | 259 |
effective date of this section shall comply with the fence | 260 |
requirements established in this division not later than one year | 261 |
after the director has adopted rules under division (A) of section | 262 |
943.26 of the Revised Code. | 263 |
(B) A commercial deer propagating licensee only shall | 264 |
purchase or acquire commercial deer from, or sell or otherwise | 265 |
transfer commercial deer to, another such licensee or from a herd | 266 |
that is monitored by the United States department of agriculture | 267 |
for chronic wasting disease or any other animal disease. | 268 |
(C) Each commercial deer that is raised by a licensee and | 269 |
held in an authorized enclosure that is owned or leased by the | 270 |
licensee shall be identified with a tag that has a symbol | 271 |
identifying the licensee and a distinctive number for that deer. | 272 |
(D) If a commercial deer escapes or is missing from an | 273 |
authorized enclosure that is owned or leased by a licensee, the | 274 |
licensee shall notify by telephone the director within a | 275 |
reasonable amount of time after the licensee determines that the | 276 |
commercial deer has escaped or is missing. | 277 |
(E) A licensee shall submit animal tissue from ten per cent | 278 |
of all of the licensee's commercial deer that are twelve months of | 279 |
age or older and that have died or thirty such deer, whichever is | 280 |
less, to the animal disease diagnostic laboratory in the | 281 |
department of agriculture for chronic wasting disease testing. The | 282 |
director shall send the results of the testing to the licensee. If | 283 |
the results of the testing indicate that a commercial deer had | 284 |
chronic wasting disease, the director shall take appropriate | 285 |
actions as provided in sections 941.01 to 941.15 of the Revised | 286 |
Code. | 287 |
(F) A licensee shall dispose of the body of a commercial deer | 288 |
that dies of a dangerously contagious or infectious disease, as | 289 |
defined in section 941.01 of the Revised Code, in accordance with | 290 |
section 941.14 of the Revised Code. | 291 |
(G)(1) A licensee shall file with a license renewal | 292 |
application, on a form provided by the director, a complete and | 293 |
accurate report signed by the licensee showing the total number of | 294 |
commercial deer that have been held by the licensee in the | 295 |
previous twelve months. If the licensee fails to file the | 296 |
inventory report with the renewal application, the director shall | 297 |
not renew the license. | 298 |
(2) A licensee shall maintain and keep all of the following | 299 |
on the premises of the licensee: | 300 |
(a) Records of all commercial deer that are held, purchased | 301 |
or otherwise acquired, sold or otherwise transferred, or killed in | 302 |
an authorized enclosure that is owned or leased by the licensee. | 303 |
The records shall include the distinctive number that is assigned | 304 |
to each commercial deer as required in division (C) of this | 305 |
section. | 306 |
(b) The name and address of a recipient or consignee of any | 307 |
commercial deer that is raised by the licensee and the date on | 308 |
which the person received or was consigned the commercial deer; | 309 |
(c) Records that verify that each commercial deer that is | 310 |
raised and sold by the licensee was purchased or otherwise | 311 |
acquired from another commercial deer propagating licensee or from | 312 |
a herd that is monitored by the United States department of | 313 |
agriculture for chronic wasting disease or any other animal | 314 |
disease; | 315 |
(d) Herd and individual animal health certificates, including | 316 |
certificates of veterinary inspection, and the results of any | 317 |
tests performed under division (E) of this section. | 318 |
(H) No commercial deer propagating licensee shall fail to | 319 |
comply with this section. | 320 |
Sec. 943.24. (A) Except as otherwise provided by rules, no | 321 |
person shall hunt or offer for hunting any commercial deer except | 322 |
in a licensed commercial deer hunting preserve. No person shall | 323 |
own or operate a commercial deer hunting preserve without first | 324 |
obtaining a license to do so issued by the director of agriculture | 325 |
under this section. | 326 |
(B) Application for a commercial deer hunting preserve | 327 |
license shall be made on a form prescribed by the director and | 328 |
shall be accompanied by an annual license fee of three hundred | 329 |
dollars. The application shall contain a description of the lands | 330 |
that constitute or will constitute the preserve and any other | 331 |
information that is required by the director in rules. | 332 |
(C) Except as otherwise provided in division (E) of this | 333 |
section, the director, upon payment of the license fee, may issue | 334 |
to an applicant a commercial deer hunting preserve license if both | 335 |
of the following conditions are met: | 336 |
(1) The commercial deer hunting preserve complies with or, in | 337 |
the case of an application for an initial license, the applicant | 338 |
has demonstrated to the director's satisfaction that the proposed | 339 |
preserve will comply with section 943.25 of the Revised Code. | 340 |
(2) The applicant is the owner or lessee of the land | 341 |
described in the application and the applicant certifies that the | 342 |
applicant will remain the owner or lessee of the land until the | 343 |
license expires. | 344 |
The director may establish terms and conditions of a license. | 345 |
(D) A license issued under this section expires on the | 346 |
fifteenth day of March of each year. A licensee wishing to | 347 |
continue to own or operate a commercial deer hunting preserve | 348 |
shall apply for a new license under this section. | 349 |
(E) The director shall not issue a commercial deer hunting | 350 |
preserve license to an applicant that owns or leases an authorized | 351 |
enclosure that is not in compliance with division (B) of section | 352 |
943.25 of the Revised Code. | 353 |
(F) All money collected under this section shall be credited | 354 |
to the commercial deer fund created in section 943.30 of the | 355 |
Revised Code. | 356 |
Sec. 943.25. (A) A commercial deer hunting preserve that is | 357 |
licensed under section 943.24 of the Revised Code shall be not | 358 |
less than eighty acres in area. A hunting preserve shall be | 359 |
located in one continuous block of land, except that the block of | 360 |
land may be intersected by highways or roads if the hunting | 361 |
preserve was in operation prior to the effective date of this | 362 |
section. | 363 |
(B) Except for a hunting preserve that was in operation prior | 364 |
to the effective date of this section, a commercial deer hunting | 365 |
preserve licensee shall maintain or keep commercial deer in an | 366 |
authorized enclosure. | 367 |
The owner or lessee of a hunting preserve that was in | 368 |
operation prior to the effective date of this section and that | 369 |
wishes to operate in accordance with a license issued under | 370 |
section 943.24 of the Revised Code shall comply with the fence | 371 |
requirements established for authorized enclosures not later than | 372 |
one year after the director has adopted rules under division (A) | 373 |
of section 943.26 of the Revised Code. | 374 |
(C) A licensee only shall release and allow to be hunted | 375 |
within the confines of the licensee's commercial deer hunting | 376 |
preserve either or both of the following: | 377 |
(1) Deer that have been propagated by a person who holds a | 378 |
commercial deer propagating license issued under section 943.22 of | 379 |
the Revised Code; | 380 |
(2) Deer that have been purchased from a herd that is | 381 |
monitored by the United States department of agriculture for | 382 |
chronic wasting disease or any other animal disease or that has | 383 |
had animal tissue from ten per cent of all of the herd's | 384 |
commercial deer that are twelve months of age or older and that | 385 |
have died or thirty such deer, whichever is less, submitted to the | 386 |
animal disease diagnostic laboratory in the department of | 387 |
agriculture for chronic wasting disease. | 388 |
A licensee shall allow to be hunted within the confines of | 389 |
the licensee's commercial deer hunting preserve commercial deer, | 390 |
without regard to sex, bag limit, or hunting season, by hunters | 391 |
who have been authorized by the licensee to hunt on the preserve. | 392 |
(D) If a commercial deer escapes or is missing from an | 393 |
enclosure that is owned or leased by a licensee, the licensee | 394 |
shall notify by telephone the director within a reasonable amount | 395 |
of time after the licensee determines that the commercial deer has | 396 |
escaped or is missing. | 397 |
(E) A licensee shall dispose of the body of a commercial deer | 398 |
that dies of a dangerously contagious or infectious disease, as | 399 |
defined in section 941.01 of the Revised Code, in accordance with | 400 |
section 941.14 of the Revised Code. | 401 |
(F) No commercial deer hunting preserve licensee shall fail | 402 |
to comply with this section. | 403 |
Sec. 943.26. The director of agriculture shall adopt rules | 404 |
in accordance with Chapter 119. of the Revised Code that do all of | 405 |
the following: | 406 |
(A) Compile a list of materials that must be used to | 407 |
construct fences for authorized enclosures for the purposes of | 408 |
sections 943.23 and 943.25 of the Revised Code. In adopting the | 409 |
rules, the director shall consult with the animal and plant health | 410 |
inspection service in the United States department of agriculture, | 411 |
the department of natural resources, and representatives of the | 412 |
Ohio cervid industry. | 413 |
(B) Establish information that must be included in an | 414 |
application for a license to own or operate a commercial deer | 415 |
hunting preserve; | 416 |
(C) Establish the amount of civil penalties that may be | 417 |
assessed by the director under division (B) of section 943.29 of | 418 |
the Revised Code for violation of section 943.22, 943.23, 943.24, | 419 |
943.25, or 943.27 of the Revised Code; | 420 |
(D) Any other requirements and procedures that are necessary | 421 |
to administer and enforce sections 943.20 to 943.30 of the Revised | 422 |
Code. | 423 |
Sec. 943.27. No person shall do either of the following: | 424 |
(A) Take a white-tailed deer from the wild into an authorized | 425 |
enclosure that houses commercial deer; | 426 |
(B) Knowingly release or knowingly fail to prevent the escape | 427 |
of commercial deer from an authorized enclosure or other holding | 428 |
area that is owned or leased by a commercial deer propagating | 429 |
licensee or a commercial deer hunting preserve licensee. | 430 |
Sec. 943.28. The director of agriculture or the director's | 431 |
authorized representative may enter at reasonable times on the | 432 |
premises of commercial deer propagating licensees and commercial | 433 |
deer hunting preserve licensees to conduct investigations and | 434 |
inspections or to otherwise execute duties that are necessary for | 435 |
the administration and enforcement of sections 943.20 to 943.30 of | 436 |
the Revised Code. If refused entry, the director or the director's | 437 |
authorized representative may apply for and the court of common | 438 |
pleas having jurisdiction may issue an appropriate warrant. With | 439 |
regard to commercial deer propagating licensees, the director or | 440 |
the director's authorized representative may examine and copy at | 441 |
reasonable times any records that are required to be kept and | 442 |
maintained by section 943.23 of the Revised Code. | 443 |
Sec. 943.29. (A) The director of agriculture may propose to | 444 |
require corrective actions and assess a civil penalty against a | 445 |
commercial deer propagating licensee or a commercial deer hunting | 446 |
preserve licensee if the director or the director's authorized | 447 |
representative determines that the licensee is not in compliance | 448 |
with section 943.22, 943.23, 943.24, 943.25, or 943.27 of the | 449 |
Revised Code, as applicable, the terms and conditions of the | 450 |
commercial deer propagating license or commercial deer hunting | 451 |
preserve license, as applicable, or rules. However, the director | 452 |
may impose a civil penalty only if all of the following occur: | 453 |
(1) The licensee is notified in writing of the deficiencies | 454 |
resulting in noncompliance, the actions that the licensee must | 455 |
take to correct the deficiencies, and the time period within which | 456 |
the licensee must correct the deficiencies and attain compliance. | 457 |
(2) After the time period that is specified in the notice has | 458 |
elapsed, the director or the director's authorized representative | 459 |
has inspected the authorized enclosure that is owned or leased by | 460 |
the licensee, determined that the licensee is still not in | 461 |
compliance, and issued a notice of an adjudication hearing. | 462 |
(3) The director affords the licensee an opportunity for an | 463 |
adjudication hearing under Chapter 119. of the Revised Code | 464 |
regarding the director's determination that the licensee is not in | 465 |
compliance or the imposition of the civil penalty, or both. | 466 |
However, the licensee may waive the right to an adjudication | 467 |
hearing. | 468 |
(B) If the opportunity for an adjudication hearing is waived | 469 |
or if, after an adjudication hearing, the director determines that | 470 |
a violation has occurred or is occurring, the director may issue | 471 |
an order requiring compliance and assess a civil penalty. The | 472 |
order and the assessment of the civil penalty may be appealed in | 473 |
accordance with section 119.12 of the Revised Code. | 474 |
A civil penalty assessed under this section shall be in an | 475 |
amount established in rules. Each thirty-day period during which a | 476 |
violation continues constitutes a separate violation, except that | 477 |
for a violation of section 943.22, 943.23, 943.24, 943.25, or | 478 |
943.27 of the Revised Code, each seven-day period during which a | 479 |
violation continues constitutes a separate violation. | 480 |
(C) If after the assessment of a civil penalty under division | 481 |
(B) of this section a licensee continues to be in violation of | 482 |
section 943.22, 943.23, 943.24, 943.25, or 943.27 of the Revised | 483 |
Code, the terms and conditions of a license, or rules, the | 484 |
director may conduct an adjudication hearing under Chapter 119. of | 485 |
the Revised Code to suspend or revoke the licensee's license. | 486 |
(D) All money collected under this section shall be credited | 487 |
to the commercial deer fund created in section 943.30 of the | 488 |
Revised Code. | 489 |
Sec. 943.30. The commercial deer fund is hereby created in | 490 |
the state treasury. The fund shall consist of money credited to it | 491 |
under sections 943.20 to 943.30 of the Revised Code. The director | 492 |
of agriculture shall use money in the fund to administer those | 493 |
sections. | 494 |
Section 2. That existing sections 901.511, 918.12, 943.01, | 495 |
and 943.02 of the Revised Code are hereby repealed. | 496 |