Bill Text: OH SB310 | 2011-2012 | 129th General Assembly | Engrossed

Ohio Senate Bill 310 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: To establish requirements governing the possession of dangerous wild animals and restricted snakes.

Sponsorship: Broadly Bipartisan Bill

Status: (Passed) 2012-09-05 - Effective Date [SB310 Detail]

Download: Ohio-2011-SB310-Engrossed.html

As Passed by the House

129th General Assembly

Regular Session

2011-2012

Sub. S. B. No. 310

Senator Balderson

Cosponsors: Senators Jones, Bacon, Beagle, Burke, Gentile, Hite, Lehner, Manning, Niehaus, Sawyer, Widener
Representatives Fedor, Heard, Murray, Okey, Antonio, Barnes, Beck, Boyd, Carney, Celebrezze, Clyde, Driehaus, Fende, Garland, Grossman, Hill, Lundy, Mallory, McClain, Milkovich, O'Brien, Phillips, Ramos, Thompson, Yuko Speaker Batchelder

A BILL

To amend section 1533.71, to enact sections 935.01,

935.011, 935.02 to 935.04, 935.041, 935.05 to

935.10, 935.101, 935.11 to 935.29, and 935.99, and

to repeal section 2927.21 of the Revised Code to

establish requirements governing the possession of

dangerous wild animals and restricted snakes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 1533.71 be amended and sections	7
935.01, 935.011, 935.02, 935.03, 935.04, 935.041, 935.05, 935.06,	8
935.07, 935.08, 935.09, 935.10, 935.101, 935.11, 935.12, 935.13,	9
935.14, 935.15, 935.16, 935.17, 935.18, 935.19, 935.20, 935.21,	10
935.22, 935.23, 935.24, 935.25, 935.26, 935.27, 935.28, 935.29,	11
and 935.99 of the Revised Code be enacted to read as follows:	12

Sec. 935.01. As used in this chapter:

(A) "Board of health" means the board of health of a city or	14
general health district or the authority having the duties of a	15
board of health in any city authorized by section 3709.05 of the	16
Revised Code.	17

(B) "Circus" means a traveling show to which all of the	18
following apply:	19

(1) It is licensed by the United States department of	20
agriculture under the federal animal welfare act.	21

(2) It presents dangerous wild animals, restricted snakes, or	22
both in a public performance as its own event or as part of a fair	23
or carnival.	24

(3) It does not allow physical contact between the public and	25
the dangerous wild animals or restricted snakes possessed by it.	26
Division (B)(3) of this section does not apply to rides or other	27
interactions between the public and an elephant, provided that	28
such a ride or other interaction is under the direct supervision	29
of an experienced animal handler.	30

(4) It is in the state for less than sixty-five days each	31
year.	32

(C) "Dangerous wild animal" means any of the following,	33
including hybrids unless otherwise specified:	34

(1) Hyenas;

(2) Gray wolves, excluding hybrids;

(3) Lions;

(4) Tigers;

(5) Jaguars;

(6) Leopards, including clouded leopards, Sunda clouded	40
leopards, and snow leopards;	41

(7) All of the following, including hybrids with domestic	42
cats unless otherwise specified:	43

(a) Cheetahs;

(b) Lynxes, including Canadian lynxes, Eurasian lynxes, and	45
Iberian lynxes;	46

(d) Caracals;

(e) Servals, excluding hybrids with domestic cats commonly	49
known as savannah cats.	50

(8) Bears;

(9) Elephants;

(10) Rhinoceroses;

(11) Hippopotamuses;

(12) Cape buffaloes;

(13) African wild dogs;

(14) Komodo dragons;

(15) Alligators;

(16) Crocodiles;

(17) Caimans, excluding dwarf caimans;

(18) Gharials;

(19) Nonhuman primates other than lemurs and the nonhuman	62
primates specified in division (C)(20) of this section;	63

(20) All of the following nonhuman primates:

(a) Golden lion, black-faced lion, golden-rumped lion,	65
cotton-top, emperor, saddlebacked, black-mantled, and Geoffroy's	66
tamarins;	67

(b) Southern and northern night monkeys;

(d) Muriquis;

(e) Goeldi's monkeys;

(f) White-faced, black-bearded, white-nose bearded, and monk	72
sakis;	73

(g) Bald and black uakaris;

(h) Black-handed, white-bellied, brown-headed, and black	75
spider monkeys;	76

(i) Common woolly monkeys;

(j) Red, black, and mantled howler monkeys.

"Dangerous wild animal" does not include a domesticated	79
animal that is considered livestock as defined in section 901.70	80
of the Revised Code.	81

(D) "Federal animal welfare act" has the same meaning as in	82
section 959.131 of the Revised Code.	83

(E) "Felony drug abuse offense" has the same meaning as in	84
section 2925.01 of the Revised Code.	85

(F) "Health district" means a city or general health district	86
created by or under the authority of Chapter 3709. of the Revised	87
Code.	88

(G) "Humane society" means an organization that is organized	89
under section 1717.05 of the Revised Code.	90

(H) "Law enforcement officer" means a sheriff, deputy	91
sheriff, constable, police officer of a township or joint police	92
district, marshal, deputy marshal, municipal police officer, or	93
state highway patrol trooper.	94

(I) "Natural resources law enforcement officers" means peace	95
officers as specified in division (A)(6) of section 109.71 of the	96
Revised Code and employees of the division of wildlife specified	97
in sections 1531.13 and 1531.14 of the Revised Code.	98

(J) "Offense of violence" has the same meaning as in section	99
2901.01 of the Revised Code.	100

(K) "Rescue facility" means a nonprofit organization as	101
described in section 170 of the "Internal Revenue Code of 1986,"	102
100 Stat. 2085, 26 U.S.C. 170, as amended, that operates a place	103
of refuge where abused, neglected, unwanted, impounded, abandoned,	104
orphaned, or displaced dangerous wild animals are provided care	105
for their lifetime or released back to their natural habitat, and,	106
with respect to an animal possessed by the organization, that does	107
not do any of the following:	108

(1) Sell, trade, or barter the animal or the animal's body	109
parts;	110

(2) Use the animal in any manner for profit;

111

(3) Breed the animal;

112

(4) Allow the public the opportunity to come into contact	113
with the animal.	114

(L) "Restricted snake" means any of the following:

115

(1) All of the following constricting snakes that are twelve	116
feet or longer:	117

(a) Green anacondas;

118

(b) Yellow anacondas;

119

120

(d) Indian pythons;

121

(e) Burmese pythons;

122

(f) North African rock pythons;

123

(g) South African rock pythons;

124

(h) Amethystine pythons.

125

(2) Species of the following families:

126

(a) Atractaspididae;

127

(b) Elapidae;

128

129

(3) Boomslang snakes;

130

(4) Twig snakes.

131

(M) "Rule" means a rule adopted under section 935.17 of the	132
Revised Code.	133

(N) "Veterinarian" means a person who is licensed under	134
Chapter 4741. of the Revised Code.	135

(O) "Wildlife sanctuary" means a nonprofit organization as	136
described in section 170 of the "Internal Revenue Code of 1986,"	137
100 Stat. 2085, 26 U.S.C. 170, as amended, that is accredited or	138
verified by the global federation of animal sanctuaries, that	139
operates a place of refuge where abused, neglected, unwanted,	140
impounded, abandoned, orphaned, or displaced dangerous wild	141
animals or restricted snakes are provided care for their lifetime	142
or released back to their natural habitat, and, with respect to an	143
animal or snake possessed by the organization, that does not do	144
any of the following:	145

(1) Use or allow the use of the animal or snake for any type	146
of entertainment or in a traveling exhibit;	147

(2) Sell, trade, lease, loan, or barter the animal or snake	148
or the animal's or snake's body parts;	149

(3) Use or allow the use of the animal or snake in any manner	150
for profit;	151

(4) Breed the animal or snake;

152

(5) Allow the public the opportunity to come into physical	153
contact with the animal or snake.	154

Sec. 935.011. The director of agriculture may recommend to	155
the general assembly species of animals to be included in the	156
definition of "dangerous wild animal" and species of snakes to be	157
included in the definition of "restricted snake" in section 935.01	158
of the Revised Code. The director shall not add species of animals	159
to be included in the definition of "dangerous wild animal" and	160
species of snakes to be included in the definition of "restricted	161
snake" without the approval of the General Assembly.	162

Sec. 935.02. (A) No person shall possess a dangerous wild	163
animal on or after January 1, 2014.	164

(B)(1) Except as provided in divisions (G)(1) and (2) of	165
section 935.06 of the Revised Code, no person shall acquire, buy,	166
sell, trade, or transfer possession or ownership of a dangerous	167
wild animal on or after the effective date of this section.	168

(2) Notwithstanding division (B)(1) of this section, a person	169
that operates a rescue facility may acquire, except by purchase,	170
possession or ownership of a dangerous wild animal if one of the	171
following applies:	172

(a) Prior to January 1, 2014, the person is authorized to do	173
so by the director of agriculture in accordance with procedures	174
adopted by the director.	175

(b) On or after January 1, 2014, the person has obtained a	176
rescue facility permit under section 935.101 of the Revised Code.	177

Sec. 935.03. (A) Division (A) of section 935.02 of the	178
Revised Code does not apply to any of the following:	179

(1) A person to which all of the following apply:

180

(a) The person possesses a dangerous wild animal.

181

(b) The person has been issued a license by the United States	182
department of agriculture under the federal animal welfare act.	183

(c) The director of agriculture has determined that the	184
person is in the process of becoming an accredited member of the	185
association of zoos and aquariums or the zoological association of	186
America.	187

(d) The director has informed the person that the person is	188
exempt from division (A) of section 935.02 of the Revised Code.	189

(2) An organization to which all of the following apply:

190

(a) The organization possesses a dangerous wild animal.

191

(b) The director has determined that the organization is in	192
the process of being accredited or verified by the global	193
federation of animal sanctuaries as a wildlife sanctuary.	194

(c) The director has informed the organization that it is	195
exempt from division (A) of section 935.02 of the Revised Code.	196

(3) A person whose possession of a dangerous wild animal is	197
authorized by an unexpired permit issued under this chapter.	198

(B) Except for the purposes of divisions (A) and (B) of	199
section 935.04 of the Revised Code, this chapter does not apply to	200
any of the following:	201

(1) A facility that is an accredited member of the	202
association of zoos and aquariums or the zoological association of	203
America and that is licensed by the United States department of	204
agriculture under the federal animal welfare act;	205

(2) A research facility as defined in the federal animal	206
welfare act;	207

(3) A research facility that is accredited by the association	208
for the assessment and accreditation of laboratory animal care	209
international;	210

(4) A circus;

211

(5) A wildlife rehabilitation facility that is issued a	212
permit by the chief of the division of wildlife in rules adopted	213
under section 1531.08 of the Revised Code and that rehabilitates	214
dangerous wild animals or restricted snakes that are native to the	215
state for the purpose of reintroduction into the wild;	216

(6) A veterinarian that is providing temporary veterinary	217
care to a dangerous wild animal or restricted snake;	218

(7) A wildlife sanctuary;

219

(8) An individual who does not reside in this state, is	220
traveling through this state with a dangerous wild animal or	221
restricted snake, and does all of the following:	222

(a) Confines the animal or snake in a cage at all times;

223

(b) Confines the animal or snake in a cage that is not	224
accessible to the public;	225

226

(d) Is in the state not more than forty-eight hours unless	227
the animal or snake is receiving veterinary care.	228

(9) An educational institution that displays a single	229
dangerous wild animal as a sports mascot and that meets all of the	230
following criteria:	231

(a) An official of the educational institution has submitted	232
an affidavit attesting that the institution will care for the	233
animal as long as the animal lives and in a facility that is an	234
accredited member of the association of zoos and aquariums or the	235
zoological association of America.	236

(b) The educational institution maintains a liability	237
insurance policy with an insurer authorized or approved to write	238
such insurance in this state that covers claims for injury or	239
damage to persons or property caused by a dangerous wild animal.	240
The amount of the insurance coverage shall be not less than one	241
million dollars.	242

(c) During display and transport, the educational institution	243
confines the dangerous wild animal in a cage that does not permit	244
physical contact between the animal and the public.	245

(d) The educational institution began displaying a dangerous	246
wild animal as a mascot prior to the effective date of this	247
section.	248

(10) Any person who has been issued a permit under section	249
1533.08 of the Revised Code;	250

(11) Any person authorized to possess a dangerous wild animal	251
or restricted snake under section 1531.25 of the Revised Code or	252
rules adopted under it;	253

(12) A mobility impaired person as defined in section 955.011	254
of the Revised Code who possesses a dangerous wild animal	255
specified in division (C)(20)(h) of section 935.01 of the Revised	256
Code that has been trained by a nonprofit agency or is in such	257
training to assist the mobility impaired person;	258

(13) A deaf or hearing-impaired person who possesses a	259
dangerous wild animal specified in division (C)(20)(h) of section	260
935.01 of the Revised Code that has been trained by a nonprofit	261
agency or is in such training to assist the deaf or	262
hearing-impaired person;	263

(14) A person who is blind as defined in section 955.011 of	264
the Revised Code and possesses a dangerous wild animal specified	265
in division (C)(20)(h) of section 935.01 of the Revised Code that	266
has been trained by a nonprofit agency or is in such training to	267
assist the blind person.	268

Sec. 935.04. (A) A person that possesses a dangerous wild	269
animal on the effective date of this section shall register the	270
animal with the director of agriculture in accordance with this	271
section not later than sixty days after the effective date of this	272
section.	273

(B) A person shall register a dangerous wild animal on a form	274
prescribed and provided by the director. The form shall include	275
all of the following:	276

(1) The name, address, social security number, and federal	277
employer identification number, if applicable, of the person	278
registering the dangerous wild animal;	279

(2) If different from the information provided under division	280
(B)(1) of this section, the name and address of the location where	281
the dangerous wild animal is confined;	282

(3) A description of the dangerous wild animal, including the	283
scientific and common names of the animal, the name that the	284
person has given the animal, the animal's sex, age, color, and	285
weight, and any distinguishing marks or coloration that would aid	286
in the identification of the animal;	287

(4) The name, address, and telephone number of the	288
veterinarian that provides veterinary care to the dangerous wild	289
animal;	290

(5) Any other information required by the director in rules.

291

(C) Beginning ninety days after the director adopts rules	292
under division (A) of section 935.17 of the Revised Code, a person	293
that has registered a dangerous wild animal under this section	294
shall comply with the applicable requirements regarding the care	295
and housing of dangerous wild animals established in those rules.	296

(D) A person that registers a dangerous wild animal under	297
this section shall have permanently implanted in the dangerous	298
wild animal a microchip at the time of registration. The microchip	299
shall have an identification number that is unique to the	300
microchip. In addition, the microchip shall contain a passive	301
integrated transponder, which shall have a frequency of one	302
hundred twenty-five, one hundred thirty-four and two-tenths, or	303
four hundred kilohertz.	304

(E) A person that possesses a registered dangerous wild	305
animal on October 1, 2013, and that wishes to continue to possess	306
the dangerous wild animal on and after January 1, 2014, shall	307
obtain a wildlife shelter permit issued under section 935.06 of	308
the Revised Code or a wildlife propagation permit issued under	309
section 935.07 of the Revised Code.	310

Sec. 935.041. A person that possesses any of the following	311
animals shall register the animal in the same manner as provided	312
in section 935.04 of the Revised Code:	313

(A) Pygmy, white-tufted-ear, silvery, and black-pencilled	314
marmosets;	315

(B) Squirrel monkeys;

316

317

(D) Lemurs.

318

Sec. 935.05. (A) A person that possesses a registered	319
dangerous wild animal in this state on October 1, 2013, that	320
wishes to continue to possess the dangerous wild animal on and	321
after January 1, 2014, and that does not intend to propagate the	322
animal shall apply for a wildlife shelter permit under this	323
section.	324

(B) An applicant for a wildlife shelter permit shall file an	325
application for a permit with the director of agriculture on a	326
form prescribed and provided by the director. An applicant need	327
apply for only one permit regardless of the number of dangerous	328
wild animals that the applicant possesses. The application shall	329
include all of the following:	330

(1) The name, date of birth, address, social security number,	331
and federal employer identification number, if applicable, of the	332
applicant;	333

(2) If different from the information provided under division	334
(B)(1) of this section, the name and address of the location where	335
each dangerous wild animal will be confined;	336

(3) A description of each dangerous wild animal, including	337
the scientific and common names, the name that the applicant has	338
given the animal, the animal's sex, age, color, and weight, and	339
any distinguishing marks or coloration that would aid in the	340
identification of the animal;	341

(4) The identification number of the microchip that is	342
implanted in each dangerous wild animal and the frequency of the	343
passive integrated transponder contained in the microchip as	344
required in section 935.04 of the Revised Code;	345

(5) Proof of financial responsibility as required in division	346
(D) of this section;	347

(6) Except as otherwise provided in this section, proof that	348
the applicant has at least two years of experience in the care of	349
the species of dangerous wild animal or animals that are the	350
subject of the application. If an applicant cannot provide such	351
proof, the applicant shall pass a written examination regarding	352
the care of dangerous wild animals that is established and	353
administered in accordance with rules.	354

(7) A plan of action to be undertaken if a dangerous wild	355
animal escapes;	356

(8) Proof that the applicant has established a	357
veterinarian-client relationship as described in section 4741.04	358
of the Revised Code with regard to each dangerous wild animal;	359

(9) Any additional information required in rules.

360

An applicant shall submit a copy of the plan of action	361
required in division (B)(7) of this section to the sheriff of the	362
county and to the chief law enforcement officer and fire chief of	363
the township or municipal corporation having jurisdiction where	364
the dangerous wild animal or animals are confined.	365

(C) An applicant shall submit one of the following fees, as	366
applicable, with an application:	367

(1) Two hundred fifty dollars if the applicant possesses not	368
more than three dangerous wild animals;	369

(2) Five hundred dollars if the applicant possesses at least	370
four, but not more than ten dangerous wild animals;	371

(3) One thousand dollars if the applicant possesses at least	372
eleven, but not more than fifteen dangerous wild animals;	373

(4) One thousand dollars if the applicant possesses sixteen	374
or more dangerous wild animals plus an additional one hundred	375
twenty-five dollars for each animal that the applicant possesses	376
in an amount greater than fifteen dangerous wild animals.	377

(D)(1) An applicant shall obtain and maintain proof of	378
financial responsibility in one of the following forms:	379

(a) A liability insurance policy with an insurer authorized	380
or approved to write such insurance in this state that covers	381
claims for injury or damage to persons or property caused by a	382
dangerous wild animal possessed by the applicant or any resulting	383
claims against the state;	384

(b) A surety bond, which shall be executed by a surety	385
company authorized to do business in this state that covers claims	386
for injury or damage to persons or property caused by a dangerous	387
wild animal possessed by the applicant or any resulting claims	388
against the state. The bond shall be in a form approved by the	389
director of agriculture.	390

(2) Proof of financial responsibility shall be in one of the	391
following amounts, as applicable:	392

(a) Two hundred thousand dollars if the applicant possesses	393
not more than five dangerous wild animals;	394

(b) Five hundred thousand dollars if the applicant possesses	395
at least six, but not more than fifteen dangerous wild animals;	396

(c) One million dollars if the applicant possesses sixteen or	397
more dangerous wild animals.	398

The amounts specified in division (D)(2) of this section	399
shall be for each occurrence of injury or damage.	400

Sec. 935.06. (A) Not later than ninety days after receipt of	401
an application under section 935.05 of the Revised Code, the	402
director of agriculture shall issue or deny a wildlife shelter	403
permit. The director shall issue a permit to an applicant only if	404
all of the following apply:	405

(1) The applicant is eighteen years of age or older.

406

(2) The applicant has registered the dangerous wild animal or	407
animals that are the subject of the application under section	408
935.04 of the Revised Code.	409

(3) The applicant is in compliance with the standards of care	410
established in rules adopted under division (A)(2) of section	411
935.17 of the Revised Code.	412

(4) The applicant has sterilized each male dangerous wild	413
animal that is possessed by the applicant. However, a dangerous	414
wild animal is not required to be sterilized if a veterinarian	415
that is qualified to provide veterinary care to the dangerous wild	416
animal determines that the sterilization is medically	417
contraindicated and the applicant has submitted a copy of the	418
veterinarian's written determination with the applicant's	419
application.	420

(5) The applicant has signed an affidavit attesting that the	421
applicant will not allow members of the public to be in physical	422
contact with a dangerous wild animal possessed by the applicant.	423
Division (A)(5) of this section does not apply to an employee of	424
the applicant or a volunteer who has entered into a written	425
agreement with the applicant to work for or volunteer for the	426
applicant and assists in the care of a dangerous wild animal or	427
animals specified in division (C)(20) of section 935.01 of the	428
Revised Code possessed by the applicant if the care is provided	429
under the direction of the applicant.	430

(6) The applicant has not been convicted of or pleaded guilty	431
to a felony drug abuse offense, an offense of violence that is a	432
felony, or a violation of section 959.13 or 959.131 of the Revised	433
Code or of section 2927.21 of the Revised Code as that section	434
existed prior to its repeal by S.B. 310 of the 129th general	435
assembly, as determined by a criminal records check performed in	436
accordance with division (B) of this section.	437

(7) The facility at which a dangerous wild animal or	438
dangerous wild animals will be maintained under the permit	439
consists of at least one acre. Division (A)(7) of this section	440
does not apply to either of the following:	441

(a) Dangerous wild animals specified in division (C)(20) of	442
section 935.01 of the Revised Code;	443

(b) An applicant to whom the director issues a written waiver	444
stating that the acreage requirement does not apply to the	445
applicant.	446

(8) The applicant has signed an affidavit attesting that the	447
facility at which a dangerous wild animal or dangerous wild	448
animals will be maintained under the permit and the conditions in	449
which each dangerous wild animal will be kept in that facility are	450
in compliance with this chapter and rules.	451

(9) The applicant has submitted a complete application that	452
meets the requirements established in section 935.05 of the	453
Revised Code.	454

(10) The applicant has submitted the applicable fee under	455
section 935.05 of the Revised Code.	456

If a permit is issued, the director shall assign a unique	457
identification number to the permit.	458

(B) Prior to issuing or denying a wildlife shelter permit,	459
the director shall submit a request to the bureau of criminal	460
identification and investigation in the office of the attorney	461
general for a criminal records check of the applicant for the	462
permit. Upon receipt of a request, the superintendent of the	463
bureau shall conduct a criminal records check in the manner	464
described in division (B) of section 109.572 of the Revised Code	465
to determine whether any information exists that indicates that	466
the applicant previously has been convicted of or pleaded guilty	467
to any of the following:	468

(1) A felony drug abuse offense;

469

(2) An offense of violence that is a felony;

470

(3) A violation of section 959.13 or 959.131 of the Revised	471
Code or of section 2927.21 of the Revised Code as that section	472
existed prior to its repeal by S.B. 310 of the 129th general	473
assembly.	474

The applicant is responsible for paying all costs associated	475
with the criminal records check.	476

(C) If a permit application is denied, two hundred fifty	477
dollars of the permit application fee shall be retained by the	478
director as payment for the reasonable expense of processing the	479
application, and the remainder of the fee shall be returned to the	480
applicant.	481

(D) Not later than the first day of December of each year, a	482
permit holder shall apply to the director, on a form prescribed	483
and provided by the director, for a renewal of the permit if the	484
permit holder intends to retain possession of the dangerous wild	485
animal or animals that are identified in the permit. Not later	486
than thirty days after receipt of an application for renewal, the	487
director shall renew or deny the renewal of the permit. The	488
director shall renew the permit if the permit holder complies with	489
this chapter and rules and pays a renewal fee in the same amount	490
as the fee established for the initial permit in section 935.05 of	491
the Revised Code. If a renewal permit is denied, two hundred fifty	492
dollars of the renewal fee shall be retained by the director as	493
payment for the reasonable expense of processing the application,	494
and the remainder of the renewal fee shall be returned to the	495
applicant.	496

(E) If the director denies an application for a permit or a	497
renewal of a permit, the director shall notify the person of the	498
denial, the grounds for the denial, and the person's right to an	499
adjudication under Chapter 119. of the Revised Code.	500

(F) If a person does not appeal the determination of the	501
director to deny an application for a permit or a renewal of a	502
permit or if the determination of the director is affirmed under	503
Chapter 119. of the Revised Code, not later than thirty days after	504
the decision not to appeal or after the determination is affirmed,	505
as applicable, the person shall transfer the dangerous wild animal	506
or animals that the person possesses to a humane society, wildlife	507
sanctuary, rescue facility, facility that is an accredited member	508
of either the association of zoos and aquariums or the zoological	509
association of America, or facility that is located in another	510
state and that complies with that state's applicable laws. After	511
the transfer has occurred, the person shall submit proof to the	512
director that the dangerous wild animal or animals were	513
transferred and shall specify the society, sanctuary, or facility	514
to which the animal or animals were transferred.	515

The person is responsible for all costs associated with the	516
transfer of the dangerous wild animal or animals.	517

(G) If a person that has been issued a wildlife shelter	518
permit under this section or a wildlife propagation permit under	519
section 935.07 of the Revised Code dies, the person's next of kin	520
shall do one of the following:	521

(1) If the next of kin wishes to possess the dangerous wild	522
animal or animals, obtain a wildlife shelter permit under this	523
section or a wildlife propagation permit under section 935.07 of	524
the Revised Code, as applicable. That next of kin shall comply	525
with this chapter and rules, except that, with respect to the next	526
of kin's initial permit, the person need not pay the applicable	527
permit application fee.	528

(2) If the deceased person has a last will and testament that	529
specifies that the dangerous wild animal or animals possessed by	530
the person are to be transferred to another person that has been	531
issued a wildlife shelter permit, wildlife propagation permit, or	532
rescue facility permit issued under this chapter, transfer the	533
dangerous wild animal or animals to the applicable permit holder;	534

(3) Transfer the dangerous wild animal or animals that were	535
possessed by the deceased person in accordance with division (F)	536
of this section.	537

(H) All fees collected under this section shall be credited	538
to the dangerous and restricted animal fund created in section	539
935.25 of the Revised Code.	540

Sec. 935.07. (A) A person that possesses a registered	541
dangerous wild animal in this state on October 1, 2013, that	542
wishes to continue to possess the dangerous wild animal on and	543
after January 1, 2014, and that intends to propagate the animal	544
solely for the purposes of a species survival program that	545
complies with rules shall apply for a wildlife propagation permit	546
under this section. An applicant need apply for only one permit	547
regardless of the number of dangerous wild animals that the	548
applicant possesses.	549

(B) Except as otherwise provided in this section, an	550
applicant for a wildlife propagation permit shall comply with the	551
requirements and procedures established in sections 935.05 and	552
935.06 of the Revised Code. The application fee for a wildlife	553
propagation permit shall be one of the following, as applicable:	554

(1) One thousand dollars if the applicant possesses not more	555
than fifty dangerous wild animals;	556

(2) Three thousand dollars if the applicant possesses more	557
than fifty dangerous wild animals.	558

(C) The facility at which a dangerous wild animal or	559
dangerous wild animals will be maintained under a wildlife	560
propagation permit shall consist of at least two acres. Division	561
(C) of this section does not apply to either of the following:	562

(1) Dangerous wild animals specified in division (C)(20) of	563
section 935.01 of the Revised Code;	564

(2) An applicant to whom the director of agriculture issues a	565
written waiver stating that the acreage requirement does not apply	566
to the applicant.	567

(D) All fees collected under this section shall be credited	568
to the dangerous and restricted animal fund created in section	569
935.25 of the Revised Code.	570

Sec. 935.08. (A)(1) A person that possesses a restricted	571
snake in this state prior to January 1, 2014, that wishes to	572
continue to possess the restricted snake on and after that date,	573
and that does not intend to propagate, sell, trade, or otherwise	574
transfer the snake shall obtain a restricted snake possession	575
permit under this section not later than January 1, 2014.	576

(2) A person that acquires a restricted snake in this state	577
on or after January 1, 2014, and that does not intend to	578
propagate, sell, trade, or otherwise transfer the snake shall	579
obtain a restricted snake possession permit under this section not	580
later than one hundred twenty days after acquiring the snake.	581

(3) An applicant need apply for only one permit regardless of	582
the number of restricted snakes that the applicant possesses.	583

(B) An applicant for a restricted snake possession permit	584
shall file an application for a permit with the director of	585
agriculture on a form prescribed and provided by the director. The	586
application shall include all of the following:	587

(1) The name, date of birth, address, social security number,	588
and federal employer identification number, if applicable, of the	589
applicant;	590

(2) If different from the information provided under division	591
(B)(1) of this section, the name and address of the location where	592
each restricted snake will be confined;	593

(3) A description of each restricted snake, including the	594
scientific and common names, the name that the applicant has given	595
the snake, the snake's sex, age, color, and weight, and any	596
distinguishing marks or coloration that would aid in the	597
identification of the snake;	598

(4) Proof of financial responsibility as required in division	599
(D) of this section;	600

(5) Except as otherwise provided in this section, proof that	601
the applicant has at least two years of experience in the care of	602
the species of restricted snake or snakes that are the subject of	603
the application. If an applicant cannot provide such proof, the	604
applicant shall pass a written examination regarding the care of	605
restricted snakes that is established and administered in	606
accordance with rules. The requirements of division (B)(5) of this	607
section do not apply with respect to a restricted snake specified	608
in division (L)(1) of section 935.01 of the Revised Code.	609

(6) A plan of action to be undertaken if a restricted snake	610
escapes;	611

(7) A written statement from a veterinarian stating that the	612
veterinarian is willing to provide veterinary care to an	613
applicant's restricted snake or snakes when the care is needed;	614

(8) Any additional information required in rules.

615

An applicant shall submit a copy of the plan of action	616
required in division (B)(6) of this section to the sheriff of the	617
county and to the chief law enforcement officer and fire chief of	618
the township or municipal corporation having jurisdiction where	619
the restricted snake or snakes are confined.	620

(C) An applicant shall submit a fee of one hundred fifty	621
dollars with an application.	622

(D)(1) Except as provided in division (D)(3) of this section,	623
an applicant shall obtain and maintain proof of financial	624
responsibility in one of the following forms:	625

(a) A liability insurance policy with an insurer authorized	626
or approved to write such insurance in this state that covers	627
claims for injury or damage to persons or property caused by a	628
restricted snake possessed by the applicant or any resulting	629
claims against the state;	630

(b) A surety bond, which shall be executed by a surety	631
company authorized to do business in this state that covers claims	632
for injury or damage to persons or property caused by a restricted	633
snake possessed by the applicant or any resulting claims against	634
the state. The bond shall be in a form approved by the director of	635
agriculture.	636

(2) Proof of financial responsibility shall be in one of the	637
following amounts, as applicable:	638

(a) One hundred thousand dollars if the applicant possesses	639
not more than five restricted snakes;	640

(b) Two hundred fifty thousand dollars if the applicant	641
possesses at least six, but not more than fifteen restricted	642
snakes;	643

(c) Five hundred thousand dollars if the applicant possesses	644
sixteen or more restricted snakes.	645

The amounts specified in division (D)(2) of this section	646
shall be for each occurrence of injury or damage.	647

(3) Division (D)(1) of this section does not apply to an	648
applicant that possesses one or more restricted snakes specified	649
in division (L)(1) of section 935.01 of the Revised Code, but no	650
other restricted snakes.	651

Sec. 935.09. (A) Not later than ninety days after receipt of	652
an application under section 935.08 of the Revised Code, the	653
director of agriculture shall issue or deny a restricted snake	654
possession permit. The director shall issue a permit to an	655
applicant only if all of the following apply:	656

(1) The applicant is eighteen years of age or older.

657

(2) The applicant has signed an affidavit attesting that the	658
applicant will not allow members of the public to be in physical	659
contact with a restricted snake possessed by the applicant.	660
Division (A)(2) of this section does not apply to either of the	661
following:	662

(a) An applicant that displays a restricted snake or snakes	663
specified in division (L)(1) of section 935.01 of the Revised Code	664
to a primary or secondary school age student;	665

(b) An employee of the applicant or a volunteer who has	666
entered into a written agreement with the applicant to work for or	667
volunteer for the applicant and assists in the care of a	668
restricted snake or snakes possessed by the applicant if the care	669
is provided under the direction of the applicant.	670

(3) The applicant has not been convicted of or pleaded guilty	671
to a felony drug abuse offense, an offense of violence that is a	672
felony, or a violation of section 959.13 or 959.131 of the Revised	673
Code or of section 2927.21 of the Revised Code as that section	674
existed prior to its repeal by S.B. 310 of the 129th general	675
assembly, as determined by a criminal records check performed in	676
accordance with division (B) of this section.	677

(4) The applicant has signed an affidavit attesting that the	678
facility at which a restricted snake or snakes will be maintained	679
under the permit and the conditions in which each restricted snake	680
will be kept in that facility are in compliance with this chapter	681
and rules.	682

(5) The applicant has submitted a complete application that	683
meets the requirements established in section 935.08 of the	684
Revised Code.	685

(6) The applicant has submitted the application fee	686
established in section 935.08 of the Revised Code.	687

If a permit is issued, the director shall assign a unique	688
identification number to the permit.	689

(B) Prior to issuing or denying a restricted snake possession	690
permit, the director shall submit a request to the bureau of	691
criminal identification and investigation in the office of the	692
attorney general for a criminal records check of the applicant for	693
the permit. Upon receipt of a request, the superintendent of the	694
bureau shall conduct a criminal records check in the manner	695
described in division (B) of section 109.572 of the Revised Code	696
to determine whether any information exists that indicates that	697
the applicant previously has been convicted of or pleaded guilty	698
to any of the following:	699

(1) A felony drug abuse offense;

700

(2) An offense of violence that is a felony;

701

(3) A violation of section 959.13 or 959.131 of the Revised	702
Code or of section 2927.21 of the Revised Code as that section	703
existed prior to its repeal by S.B. 310 of the 129th general	704
assembly.	705

The applicant is responsible for paying all costs associated	706
with the criminal records check.	707

(C) If a permit application is denied, seventy-five dollars	708
of the permit application fee shall be retained by the director as	709
payment for the reasonable expense of processing the application,	710
and the remainder of the fee shall be returned to the applicant.	711

(D) Not later than the first day of December of each year, a	712
permit holder shall apply to the director, on a form prescribed	713
and provided by the director, for a renewal of the permit if the	714
permit holder intends to retain possession of the restricted snake	715
or snakes that are identified in the permit. Not later than thirty	716
days after receipt of an application for renewal, the director	717
shall renew or deny the renewal of the permit. The director shall	718
renew the permit if the permit holder complies with this chapter	719
and rules and pays a renewal fee in the same amount as the fee	720
established for the initial permit in section 935.08 of the	721
Revised Code. If a renewal permit is denied, seventy-five dollars	722
of the renewal fee shall be retained by the director as payment	723
for the reasonable expense of processing the application, and the	724
remainder of the renewal fee shall be returned to the applicant.	725

(E) If the director denies an application for a permit or a	726
renewal of a permit, the director shall notify the person of the	727
denial, the grounds for the denial, and the person's right to an	728
adjudication under Chapter 119. of the Revised Code.	729

(F) If a person does not appeal the determination of the	730
director to deny an application for a permit or a renewal of a	731
permit or if the determination of the director is affirmed under	732
Chapter 119. of the Revised Code, not later than thirty days after	733
the decision not to appeal or after the determination is affirmed,	734
as applicable, the person shall transfer the restricted snake or	735
snakes that the person possesses to a humane society, wildlife	736
sanctuary, facility that is an accredited member of either the	737
association of zoos and aquariums or the zoological association of	738
America, or facility that is located in another state and that	739
complies with that state's applicable laws. After the transfer has	740
occurred, the person shall submit proof to the director that the	741
restricted snake or snakes were transferred and shall specify the	742
society, sanctuary, or facility to which the snake or snakes were	743
transferred.	744

The person is responsible for all costs associated with the	745
transfer of the restricted snake or snakes.	746

(G) If a person that has been issued a restricted snake	747
possession permit under this section or a restricted snake	748
propagation permit under section 935.10 of the Revised Code dies,	749
the person's next of kin shall do one of the following:	750

(1) If the next of kin wishes to possess the restricted snake	751
or snakes, obtain a restricted snake possession permit under this	752
section or a restricted snake propagation permit under section	753
935.10 of the Revised Code, as applicable. That next of kin shall	754
comply with this chapter and rules, except that, with respect to	755
the next of kin's initial permit, the person need not pay the	756
applicable permit application fee.	757

(2) If the deceased person has a last will and testament that	758
specifies that the restricted snake or snakes possessed by the	759
person are to be transferred to another person that has been	760
issued a restricted snake possession permit under this section or	761
a restricted snake propagation permit issued under section 935.10	762
of the Revised Code, transfer the restricted snake or snakes to	763
the applicable permit holder;	764

(3) Transfer the restricted snake or snakes that were	765
possessed by the deceased person in accordance with division (F)	766
of this section.	767

(H) All fees collected under this section shall be credited	768
to the dangerous and restricted animal fund created in section	769
935.25 of the Revised Code.	770

Sec. 935.10. (A)(1) A person that possesses a restricted	771
snake in this state prior to January 1, 2014, that wishes to	772
continue to possess the restricted snake on and after that date,	773
and that intends to propagate, sell, trade, or otherwise transfer	774
the snake shall obtain a restricted snake propagation permit under	775
this section not later than January 1, 2014.	776

(2) A person that acquires a restricted snake in this state	777
on or after January 1, 2014, and that intends to propagate, sell,	778
trade, or otherwise transfer the snake shall obtain a restricted	779
snake propagation permit under this section not later than one	780
hundred twenty days after acquiring the snake.	781

(3) An applicant need apply for only one permit regardless of	782
the number of restricted snakes that the applicant possesses.	783

(B) Except as otherwise provided in this section, an	784
applicant for a restricted snake propagation permit shall comply	785
with the requirements and procedures established in sections	786
935.08 and 935.09 of the Revised Code. The application fee for a	787
restricted snake propagation permit shall be three hundred	788
dollars.	789

(C) If a permit application is denied, one hundred fifty	790
dollars of the permit application fee shall be retained by the	791
director of agriculture as payment for the reasonable expense of	792
processing the application, and the remainder of the fee shall be	793
returned to the applicant.	794

(D) All fees collected under this section shall be credited	795
to the dangerous and restricted animal fund created in section	796
935.25 of the Revised Code.	797

Sec. 935.101. (A)(1) In lieu of obtaining any other permit	798
under this chapter, a person that operates a rescue facility in	799
this state prior to January 1, 2014, and that wishes to continue	800
to operate a rescue facility on and after that date shall obtain a	801
rescue facility permit under this section not later than January	802
1, 2014.	803

(2) A person that wishes to begin operation of a rescue	804
facility in this state on or after January 1, 2014, shall obtain a	805
rescue facility permit under this section not later than sixty	806
days prior to beginning operation.	807

(B)(1) An applicant for a rescue facility permit shall file	808
an application for a permit with the director of agriculture on a	809
form prescribed and provided by the director. The application	810
shall include information that the director requires in rules.	811

(2) An applicant for a rescue facility permit shall submit	812
one of the following fees, as applicable, with an application:	813

(a) Five hundred dollars if the applicant possesses not more	814
than three dangerous wild animals;	815

(b) One thousand dollars if the applicant possesses at least	816
four, but not more than fifteen dangerous wild animals;	817

(c) Two thousand dollars if the applicant possesses sixteen	818
or more dangerous wild animals.	819

(3) If a permit application is denied, two hundred fifty	820
dollars of the application fee shall be retained by the director	821
as payment for the reasonable expense of processing the	822
application and the remainder of the fee shall be returned to the	823
applicant.	824

(C) The director shall issue or deny a rescue facility permit	825
in accordance with rules. The director shall issue a rescue	826
facility permit only if the dangerous wild animal or animals that	827
are or are to be possessed by an applicant are sterilized.	828

(D) A person that has been issued a rescue facility permit	829
under this section shall comply with the requirements regarding	830
the care and housing of dangerous wild animals established in	831
rules adopted under division (G) of section 935.17 of the Revised	832
Code.	833

(E) A person that has been issued a rescue facility permit	834
under this section may acquire, except by purchase, possession or	835
ownership of a dangerous wild animal.	836

Sec. 935.11. (A) A person that possesses at least one	837
dangerous wild animal and at least one restricted snake shall	838
apply for both a wildlife shelter permit issued under section	839
935.06 of the Revised Code and a restricted snake possession	840
permit issued under section 935.09 of the Revised Code.	841

(B) A person that possesses at least one dangerous wild	842
animal and that intends to propagate the animal solely for the	843
purposes of a species survival program that complies with rules	844
and that possesses at least one restricted snake and that intends	845
to propagate, sell, trade, or otherwise transfer the snake shall	846
apply for both a wildlife propagation permit issued under section	847
935.07 of the Revised Code and a restricted snake propagation	848
permit issued under section 935.10 of the Revised Code.	849

(C) A person that possesses at least one dangerous wild	850
animal and does not intend to propagate the animal and that	851
possesses at least one restricted snake and intends to propagate,	852
sell, trade, or otherwise transfer the snake shall apply for both	853
a wildlife shelter permit issued under section 935.06 of the	854
Revised Code and a restricted snake propagation permit issued	855
under section 935.10 of the Revised Code.	856

(D) A person that possesses at least one dangerous wild	857
animal and that intends to propagate the animal solely for the	858
purposes of a species survival program that complies with rules	859
and that possesses at least one restricted snake and does not	860
intend to propagate, sell, trade, or otherwise transfer the snake	861
shall apply for both a wildlife propagation permit issued under	862
section 935.07 of the Revised Code and a restricted snake	863
possession permit issued under section 935.09 of the Revised Code.	864

Sec. 935.12. (A) Except as provided in division (B) of this	865
section, a person that has been issued a permit under this chapter	866
for a dangerous wild animal or animals shall comply with the	867
requirements regarding the care and housing of dangerous wild	868
animals established in rules.	869

(B) A person that has been issued a wildlife shelter,	870
wildlife propagation permit, or rescue facility permit under this	871
chapter for a dangerous wild animal or animals specified in	872
division (C)(20) of section 935.01 of the Revised Code shall	873
comply with both of the following:	874

(1) The requirements regarding the care of those animals	875
established in regulations adopted under the federal animal	876
welfare act;	877

(2) The requirements regarding the housing of those animals	878
established in rules.	879

(C) A person that has been issued a restricted snake	880
possession or restricted snake propagation permit under this	881
chapter shall comply with the requirements regarding the care and	882
housing of those snakes established in standards adopted by the	883
zoological association of America.	884

Sec. 935.13. The director of agriculture may suspend or	885
revoke a permit issued under this chapter for a violation of this	886
chapter or rules. A person adversely affected by an order of	887
suspension or revocation may request an adjudication under Chapter	888
119. of the Revised Code.	889

Sec. 935.14. (A) The director of agriculture shall maintain a	890
database of both of the following:	891

(1) Until January 1, 2014, the name and address of each	892
person that possesses a dangerous wild animal and registers the	893
animal under section 935.04 of the Revised Code;	894

(2) On and after January 1, 2014, the name and address of	895
each person that has applied for and been issued a permit under	896
this chapter.	897

(B) The director shall allow the directors of health and	898
natural resources to have access to the database.	899

Sec. 935.15. (A) A person that has been issued a permit	900
under this chapter shall maintain records of all of the following	901
regarding each dangerous wild animal and each restricted snake	902
that the permit holder possesses:	903

(1) The scientific and common names of the animal or snake,	904
including the species;	905

(2) If the animal or snake was purchased or otherwise	906
acquired from another person, the name and address of the other	907
person;	908

(3) The date on which the animal or snake was acquired, if	909
applicable;	910

(4) If the permit holder propagates dangerous wild animals,	911
the date of birth of the animal if the animal was propagated by	912
the permit holder;	913

(5) If the permit holder propagates restricted snakes, the	914
date of birth of the snake if the snake was propagated by the	915
permit holder;	916

(6) The name and address of the person to whom the animal or	917
snake was sold or otherwise transferred, if applicable;	918

(7) The date on which the animal or snake died or escaped, if	919
applicable;	920

(8) The identification number of the microchip that is	921
implanted in the animal and the frequency of the passive	922
integrated transponder contained in the microchip as required in	923
section 935.04 of the Revised Code.	924

(B) A permit holder shall maintain the records in accordance	925
with rules.	926

Sec. 935.16. (A) If a dangerous wild animal or restricted	927
snake escapes, the person that possesses the animal or snake	928
immediately shall notify both of the following:	929

(1) The sheriff of the county and the chief law enforcement	930
officer of the township or municipal corporation where the escape	931
occurred;	932

(2) The division of animal health in the department of	933
agriculture by means of the twenty-four-hour telephone number that	934
is maintained by the division.	935

(B)(1) A law enforcement officer or natural resources law	936
enforcement officer may destroy a dangerous wild animal or	937
restricted snake that has escaped and that poses a threat to	938
public safety.	939

(2) A law enforcement officer or natural resources law	940
enforcement officer that destroys an escaped dangerous wild animal	941
or restricted snake pursuant to division (B)(1) of this section is	942
not liable for damages in a civil action for any injury, death, or	943
loss to person or property that allegedly arises from the	944
destruction of the animal or snake.	945

(C) The person that possesses a dangerous wild animal or	946
restricted snake that escapes is responsible for all reasonable	947
costs associated with the capture or destruction of the animal or	948
snake. The person shall reimburse the political subdivision that	949
employs the law enforcement officer who captured or destroyed the	950
dangerous wild animal or restricted snake for the costs incurred	951
in capturing or destroying the animal or snake. However, if the	952
law enforcement officer is a state highway patrol trooper or if a	953
natural resources law enforcement officer captured or destroyed	954
the dangerous wild animal or restricted snake, the person shall	955
reimburse the state highway patrol or department of natural	956
resources, as applicable, for those costs.	957

(D)(1) Except as provided in division (D)(2) of this section,	958
money collected under division (C) of this section shall be	959
credited to a special fund, which is hereby created in the	960
applicable political subdivision. Money in the special fund shall	961
be used exclusively for the administration and enforcement of this	962
chapter and rules.	963

(2) Money collected under division (C) of this section for	964
costs incurred by a state highway patrol trooper or a natural	965
resources law enforcement officer under this section shall be	966
deposited in the state treasury to the credit of the dangerous and	967
restricted animal fund created in section 935.25 of the Revised	968
Code.	969

(3) If law enforcement officers from more than one	970
jurisdiction assist in the capture or destruction of a dangerous	971
wild animal or restricted snake, the money collected shall be	972
proportionally distributed to each political subdivision's special	973
fund and the dangerous and restricted animal fund, if applicable.	974

Sec. 935.17. The director of agriculture shall adopt rules	975
in accordance with Chapter 119. of the Revised Code that establish	976
all of the following:	977

(A) Both of the following concerning the registration of	978
dangerous wild animals under section 935.04 of the Revised Code:	979

(1) Any additional information that must be included with a	980
registration;	981

(2) Standards for the care and housing of registered	982
dangerous wild animals, including standards for the proper care of	983
each species of dangerous wild animal and caging and fencing of	984
the animals.	985

The director shall adopt rules under division (A) of this	986
section not later than ninety days after the effective date of	987
this section.	988

(B) Standards for the care and well-being of dangerous wild	989
animals specified in divisions (C)(1) to (19) of section 935.01 of	990
the Revised Code that are possessed by the holders of wildlife	991
shelter permits and wildlife propagation permits issued under this	992
chapter. The standards shall govern at least sanitation for,	993
provision of health care for, and feeding, caging, housing, and	994
fencing of dangerous wild animals. In adopting rules under this	995
division, the director shall consider the following factors:	996

(1) Best management practices for the care and well-being of	997
dangerous wild animals;	998

(2) Public health and safety;

999

(3) Biosecurity;

1000

(4) The prevention of disease;

1001

(5) Animal morbidity and mortality data;

1002

(6) Generally accepted veterinary medical practices;

1003

(7) Standards adopted by the association of zoos and	1004
aquariums;	1005

(8) Standards adopted by the zoological association of	1006
America;	1007

(9) Standards established in the federal animal welfare act;

1008

(10) Ethical standards established by the American veterinary	1009
medical association;	1010

(11) Any other factors that the director considers necessary	1011
for the proper care and well-being of dangerous wild animals in	1012
this state.	1013

(C) Standards for the housing of dangerous wild animals	1014
specified in division (C)(20) of section 935.01 of the Revised	1015
Code that are possessed by the holders of wildlife shelter permits	1016
and wildlife propagation permits issued under this chapter;	1017

(D) All of the following concerning applications for permits	1018
issued under sections 935.06 and 935.07 of the Revised Code:	1019

(1) Any additional information that must be included with a	1020
permit application;	1021

(2) Criteria for determining what constitutes a species	1022
survival program for the purposes of division (A) of section	1023
935.07 of the Revised Code and requirements and procedures that	1024
are necessary to determine if a program meets those criteria;	1025

(3) The content of the examination specified in division	1026
(B)(6) of section 935.05 of the Revised Code. The rules shall	1027
require the examination to test an applicant's knowledge on topics	1028
that include proper diet, health care, exercise needs, and housing	1029
of the species of dangerous wild animal or animals that are the	1030
subject of the application.	1031

(4) Procedures and requirements concerning the administration	1032
of the examination specified in division (B)(6) of section 935.05	1033
of the Revised Code.	1034

(E) All of the following concerning applications for permits	1035
issued under sections 935.09 and 935.10 of the Revised Code:	1036

(1) Any additional information that must be included with a	1037
permit application;	1038

(2) The content of the examination specified in division	1039
(B)(5) of section 935.08 of the Revised Code. The rules shall	1040
require the examination to test an applicant's knowledge on topics	1041
that include proper diet, health care, and housing of the species	1042
of restricted snake or snakes that are the subject of the	1043
application.	1044

(3) Procedures and requirements concerning the administration	1045
of the examination specified in division (B)(5) of section 935.08	1046
of the Revised Code.	1047

(F) Both of the following concerning applications for permits	1048
issued under section 935.101 of the Revised Code:	1049

(1) Information that must be included in a permit	1050
application;	1051

(2) Criteria and procedures for the issuance or denial of a	1052
permit.	1053

(G) Standards for the care and well-being of dangerous wild	1054
animals that are possessed by the holders of permits issued under	1055
section 935.101 of the Revised Code. The standards shall govern at	1056
least sanitation for, provision of health care for, and feeding,	1057
caging, housing, and fencing of dangerous wild animals. In	1058
adopting the rules, the director may consider the standards of	1059
care and housing established in rules adopted under division (B)	1060
of this section and section 935.12 of the Revised Code.	1061

(H) Procedures and requirements governing the maintenance of	1062
records under section 935.15 of the Revised Code;	1063

(I) Standards for signs that are required to be posted and	1064
displayed in accordance with section 935.18 of the Revised Code;	1065

(J) The amount of civil penalties that may be assessed under	1066
section 935.24 of the Revised Code;	1067

(K) Procedures and requirements governing the distribution of	1068
money under division (B)(4) of section 935.25 of the Revised Code	1069
from the dangerous and restricted animal fund created in that	1070
section;	1071

(L) Any other provisions necessary to administer and enforce	1072
this chapter.	1073

Sec. 935.18. (A) Except for a restricted snake specified in	1074
division (L)(1) of section 935.01 of the Revised Code, no person	1075
shall sell or offer for sale at auction a dangerous wild animal or	1076
restricted snake.	1077

(B) Except for a microchip removed for purposes of a medical	1078
emergency by a veterinarian that is qualified to provide	1079
veterinary care to the dangerous wild animal, no person shall	1080
knowingly remove a microchip that is implanted in a dangerous wild	1081
animal as required in section 935.04 of the Revised Code.	1082

(C) No person that possesses a dangerous wild animal or	1083
restricted snake shall fail to post and display any of the	1084
following:	1085

(1) On each cage in which a dangerous wild animal is	1086
confined, signs warning the public that a dangerous wild animal is	1087
confined in the cage;	1088

(2) At each entrance to the property where a dangerous wild	1089
animal is confined, a sign warning the public that a dangerous	1090
wild animal is on the property;	1091

(3) On each container in which a restricted snake is	1092
confined, a sign warning the public that a restricted snake is in	1093
the container;	1094

(4) At the main entrance to each structure where a restricted	1095
snake is confined, a sign warning the public that a restricted	1096
snake is in the structure;	1097

(5) On a vehicle that is used to transport a dangerous wild	1098
animal or restricted snake, a sign warning that a dangerous wild	1099
animal or restricted snake, as applicable, is in the vehicle.	1100

The signs shall comply with standards established in rules.

1101

(D) No person shall knowingly release a dangerous wild animal	1102
or restricted snake into the wild.	1103

(E) No person shall allow a dangerous wild animal or	1104
restricted snake to roam off the property where it is confined.	1105

(F) No person shall remove any teeth or claws from a	1106
dangerous wild animal or restricted snake, as applicable, unless	1107
determined to be medically necessary by a veterinarian.	1108

(G) No person shall violate any other provisions of this	1109
chapter or rules.	1110

Sec. 935.19. (A)(1) The director of agriculture or the	1111
director's designee may enter at all reasonable times any premises	1112
at which a dangerous wild animal or restricted snake is confined,	1113
with the consent of the owner of the premises, for the purpose of	1114
determining compliance with this chapter and rules.	1115

(2) If the director or the director's designee is denied	1116
access to any such premises, and if the director reasonably	1117
suspects that the person who possesses the dangerous wild animal	1118
or restricted snake is not in compliance with this chapter or	1119
rules, the director may apply to a court of competent jurisdiction	1120
in the county in which the premises is located for a search	1121
warrant authorizing access to the premises for the purposes of	1122
this section.	1123

(3) The court shall issue the search warrant for the purposes	1124
requested if there is probable cause to believe that the person is	1125
not in compliance with this chapter or rules. The finding of	1126
probable cause may be based on hearsay, provided that there is a	1127
substantial basis for believing that the source of the hearsay is	1128
credible and that there is a factual basis for the information	1129
furnished.	1130

(B) The director may designate any of the following to	1131
conduct inspections under this section:	1132

(1) Employees of the department of agriculture;

1133

(2) Natural resources law enforcement officers with the	1134
consent of the director of natural resources;	1135

(3) Employees of the department of health with the consent of	1136
the director of health;	1137

(4) Employees of a board of health with the consent of the	1138
board;	1139

(5) Agents of a humane society appointed under section	1140
1717.06 of the Revised Code with the consent of the humane	1141
society.	1142

(C) If a person designated under division (B) of this section	1143
determines, while conducting an inspection, that a violation of	1144
this chapter or rules has occurred, is occurring, or may occur,	1145
the person shall immediately notify the director of agriculture.	1146
The director may proceed as provided in section 935.24 of the	1147
Revised Code.	1148

Sec. 935.20. (A) On and after January 1, 2014, the director	1149
of agriculture immediately shall cause an investigation to be	1150
conducted if the director has reason to believe that one of the	1151
following may be occurring:	1152

(1) A dangerous wild animal is possessed by a person who has	1153
not been issued a wildlife shelter permit, wildlife propagation	1154
permit, or rescue facility permit under this chapter.	1155

(2) A restricted snake is possessed by a person that has not	1156
been issued a restricted snake possession permit or restricted	1157
snake propagation permit under this chapter.	1158

(3) A dangerous wild animal or restricted snake is being	1159
treated or kept in a manner that is in violation of this chapter	1160
or rules.	1161

For purposes of the investigation, the director or the	1162
director's designee may order the animal or snake that is the	1163
subject of the notification to be quarantined or may order the	1164
transfer of the animal or snake to a facility that is on the list	1165
maintained by the director under this section. If the director's	1166
designee orders the animal or snake to be quarantined or	1167
transferred, the designee shall provide a copy of the order to the	1168
director.	1169

(B) The director shall attempt to notify the person owning or	1170
possessing an animal or snake that has been ordered to be	1171
quarantined or transferred under division (A) of this section. The	1172
notice shall be delivered in person or by certified mail. The	1173
director also may post a copy of a quarantine order at two	1174
conspicuous locations on the premises where the animal or snake is	1175
quarantined. The director shall maintain a copy of an order issued	1176
under this section and evidence that the director attempted to	1177
notify the person owning or possessing the animal or snake.	1178

(C) A quarantine or transfer order issued under this section	1179
shall contain all of the following:	1180

(1) The name and address of the person owning or possessing	1181
the animal or snake, if known;	1182

(2) A description of the quarantined or transferred animal or	1183
snake;	1184

(3) A description of the premises affected by the quarantine	1185
or transfer;	1186

(4) The reason for the quarantine or transfer;

1187

(5) Any terms and conditions of the quarantine or transfer;

1188

(6) A notice that a person adversely affected by the order	1189
may request a hearing to review the order.	1190

(D) A person that is adversely affected by a quarantine or	1191
transfer order pertaining to a dangerous wild animal or restricted	1192
snake owned or possessed by the person, within thirty days after	1193
the order is issued, may request in writing an adjudication in	1194
accordance with Chapter 119. of the Revised Code. A request for an	1195
adjudication does not stay a quarantine or transfer order.	1196

(E) The owner of or person possessing a dangerous wild animal	1197
or restricted snake that was quarantined or transferred under	1198
division (A) of this section shall be responsible for all	1199
reasonable costs associated with the quarantine or transfer,	1200
including the costs of transportation, housing, food, and	1201
veterinary care for the animal or snake. If such an owner or	1202
person is unable to pay for the reasonable costs, the director	1203
shall certify the costs to the county auditor to be assessed	1204
against any property of the owner or person and thereby made a	1205
lien upon it and collected as other taxes. All money from the	1206
collection of liens under this division shall be credited in	1207
accordance with division (J) of this section.	1208

(F) If the state veterinarian determines that a dangerous	1209
wild animal or restricted snake that was quarantined or	1210
transferred under division (A) of this section is infected with or	1211
exposed to a dangerously contagious or infectious disease or is	1212
seriously injured, the state veterinarian shall so notify the	1213
director. The director may order the animal or snake to be	1214
humanely euthanized by a veterinarian if the state veterinarian	1215
has indicated that euthanization is medically necessary.	1216

(G) A quarantine or transfer order issued under this section	1217
shall remain in effect until one of the following occurs:	1218

(1) The director, after reviewing the results of the	1219
investigation conducted under division (A) of this section, issues	1220
a written notice of release.	1221

(2) A court of competent jurisdiction orders the quarantine	1222
or transfer order to be terminated in a proceeding conducted under	1223
division (H) of this section.	1224

(3) A court of competent jurisdiction orders the seizure of	1225
the dangerous wild animal or restricted snake in a proceeding	1226
conducted under division (H) of this section.	1227

(H) If, after reviewing the results of an investigation	1228
concerning a dangerous wild animal or restricted snake conducted	1229
under division (A) of this section and after resolution of any	1230
proceeding conducted under division (D) of this section, the	1231
director determines that a circumstance described in division	1232
(A)(1), (2), or (3) of this section is or was occurring, the	1233
director shall initiate, in a court of competent jurisdiction, a	1234
proceeding for the permanent seizure of the animal or snake, as	1235
applicable. If the court affirms the director's determination that	1236
a circumstance described in division (A)(1), (2), or (3) of this	1237
section is or was occurring, the court shall order the animal or	1238
snake seized and shall order the method of disposition of the	1239
animal or snake. The court may order the person owning or	1240
possessing the animal or snake to pay all reasonable costs	1241
associated with the seizure and, if applicable, the costs	1242
associated with the quarantine or transfer of the animal or snake,	1243
including the costs of transportation, housing, food, and	1244
veterinary care of the animal or snake. If the court does not	1245
affirm the director's determination, the court shall order the	1246
quarantine or transfer order to be terminated and the animal or	1247
snake to be returned to the person owning or possessing it, if	1248
applicable.	1249

(I) The director may authorize any of the following to	1250
conduct an investigation and order the quarantine or transfer of a	1251
dangerous wild animal or restricted snake under division (A) of	1252
this section:	1253

(1) Employees of the department of agriculture;

1254

(2) Natural resources law enforcement officers with the	1255
consent of the director of natural resources;	1256

(3) Employees of the department of health with the consent of	1257
the director of health;	1258

(4) Employees of a board of health with the consent of the	1259
board;	1260

(5) Agents of a humane society appointed under section	1261
1717.06 of the Revised Code with the consent of the humane	1262
society;	1263

(6) Law enforcement officers with the consent of the sheriff	1264
of the county or the chief law enforcement officer of the township	1265
or municipal corporation, as applicable, by whom the law	1266
enforcement officers are employed;	1267

(7) Law enforcement officers who are state highway patrol	1268
troopers with the consent of the superintendent of the state	1269
highway patrol.	1270

(J) Money collected for reimbursement of costs associated	1271
with the quarantine or transfer of dangerous wild animals and	1272
restricted snakes under this section shall be credited to one of	1273
the following funds, as applicable:	1274

(1) If the animal or snake was quarantined or transferred by	1275
an employee of the department of agriculture or the department of	1276
health, a natural resources law enforcement officer, or a law	1277
enforcement officer who is a state highway patrol trooper, the	1278
dangerous and restricted animal fund created in section 935.25 of	1279
the Revised Code;	1280

(2) If the animal or snake was quarantined or transferred by	1281
an employee of a board of health, a special fund, which is hereby	1282
created in each health district, that shall be used exclusively	1283
for the administration and enforcement of this chapter and rules;	1284

(3) If the animal or snake was quarantined or transferred by	1285
an agent of a humane society, a special fund, which is hereby	1286
created in each county that has a humane society, that shall be	1287
used exclusively for the administration and enforcement of this	1288
chapter and rules;	1289

(4) If the animal or snake was quarantined or transferred by	1290
a law enforcement officer who is not a state highway patrol	1291
trooper, the special fund that is created in the political	1292
subdivision that employs the law enforcement officer in division	1293
(D) of section 935.16 of the Revised Code.	1294

(K) The director shall maintain a list of facilities inside	1295
and outside the state that the director determines are eligible to	1296
accept dangerous wild animals and restricted snakes for the	1297
purposes of this section.	1298

Sec. 935.21. The director of agriculture may request either	1299
of the following to accompany the director or an employee of the	1300
department of agriculture for purposes of investigations and	1301
inspections conducted under this chapter:	1302

(A) A law enforcement officer;

1303

(B) With the consent of the director of natural resources, a	1304
natural resources law enforcement officer.	1305

Sec. 935.22. An employee of an agency or political	1306
subdivision of the state that destroys a dangerous wild animal or	1307
restricted snake that is a threat to public safety is not liable	1308
for damages in a civil action for any injury, death, or loss to	1309
person or property that allegedly arises from the destruction of	1310
the animal or snake.	1311

Sec. 935.23. (A) The owner of a restricted snake specified in	1312
division (L)(2), (3), or (4) of section 935.01 of the Revised Code	1313
shall do both of the following:	1314

(1) Have access to antivenom for each species of snake that	1315
the person owns either at the location where each snake is	1316
confined or at a hospital, as defined in section 3727.01 of the	1317
Revised Code, with which the owner has entered into a written	1318
agreement to provide the antivenom. However, an owner may apply to	1319
the director of agriculture for a waiver to have access to	1320
antivenom in a location that is not specified in division (A)(1)	1321
of this section.	1322

(2) Submit proof of having access to the antivenom required	1323
by division (A)(1) of this section to the sheriff of the county	1324
and the chief law enforcement officer of the township or municipal	1325
corporation in which each snake that the person owns is confined.	1326

In addition, the owner shall submit a list that contains the	1327
name of each species of restricted snake specified in division	1328
(L)(2), (3), or (4) of section 935.01 of the Revised Code that the	1329
person owns to the sheriff of the county and the chief law	1330
enforcement officer of the township or municipal corporation in	1331
which each snake is confined. If the restricted snake or snakes	1332
owned by the person change, the owner shall submit an updated list	1333
to the sheriff of the county and the chief law enforcement officer	1334
of the township or municipal corporation in which each such snake	1335
is confined no later than seven days after the change occurs.	1336

(B) If a restricted snake specified in division (L)(2), (3),	1337
or (4) of section 935.01 of the Revised Code bites a person other	1338
than the snake's owner, the owner is liable for all costs	1339
associated with the treatment of the bite, including the cost of	1340
replacement of any antivenom that was used to treat the bite.	1341

Sec. 935.24. (A) The attorney general, upon request of the	1342
director of agriculture, shall bring an action for injunction	1343
against any person who has violated, is violating, or is	1344
threatening to violate this chapter or rules. The court of common	1345
pleas in which an action for injunction is filed has jurisdiction	1346
to and shall grant preliminary and permanent injunctive relief	1347
upon a showing that the person against whom the action is brought	1348
has violated, is violating, or is threatening to violate this	1349
chapter or rules.	1350

(B)(1) The director may assess a civil penalty against any	1351
person that the director determines is not in compliance with this	1352
chapter or rules.	1353

(2) The director shall afford the person an opportunity for	1354
an adjudication under Chapter 119. of the Revised Code to	1355
challenge the director's determination that the person is not in	1356
compliance with this chapter or rules. However, the person may	1357
waive the right to an adjudication.	1358

(3) If the opportunity for an adjudication is waived or if,	1359
after an adjudication, the director determines that a violation	1360
has occurred or is occurring, the director may issue an order and	1361
assess a civil penalty in an amount established in rules against	1362
the violator. The order and the assessment of the civil penalty	1363
may be appealed in accordance with section 119.12 of the Revised	1364
Code.	1365

(C) Notwithstanding any other section of the Revised Code,	1366
money resulting from any action taken under this section shall be	1367
credited to the dangerous and restricted animal fund created in	1368
section 935.25 of the Revised Code.	1369

Sec. 935.25. (A) There is hereby created in the state	1370
treasury the dangerous and restricted animal fund, which shall	1371
consist of all of the following:	1372

(1) Money collected from permit application fees under this	1373
chapter;	1374

(2) Money credited to the fund under division (J)(1) of	1375
section 935.20 of the Revised Code;	1376

(3) Money credited to the fund under division (D) of section	1377
935.24 of the Revised Code.	1378

(B) Money in the fund shall be used for any of the following	1379
purposes:	1380

(1) Administration and enforcement of this chapter and rules;

1381

(2) Compensation of the department of natural resources or	1382
the state highway patrol for the costs incurred in capturing or	1383
destroying a dangerous wild animal or restricted snake pursuant to	1384
section 935.16 of the Revised Code;	1385

(3) Compensation of the departments of natural resources and	1386
health, the state highway patrol, and boards of health for the	1387
costs incurred in conducting investigations and quarantining or	1388
transferring a dangerous wild animal or restricted snake pursuant	1389
to section 935.20 of the Revised Code;	1390

(4) Compensation of a facility that is on the list maintained	1391
by the director of agriculture under division (K) of section	1392
935.20 of the Revised Code and that accepts a dangerous wild	1393
animal or restricted snake pursuant to that section.	1394

(C) Investment earnings of the fund shall be credited to the	1395
fund.	1396

Sec. 935.26. (A) There is hereby created the dangerous and	1397
restricted animals advisory board consisting of the following	1398
members:	1399

(1) The director of agriculture or the director's designee,	1400
who shall be the chairperson of the board;	1401

(2) The director of natural resources or the director's	1402
designee;	1403

(3) The director of health or the director's designee;

1404

(4) The state veterinarian in the department of agriculture;

1405

(5) The following eleven members who shall be appointed by	1406
the governor with the advice and consent of the senate and shall	1407
be residents of this state:	1408

(a) One member representing dangerous wild animal or	1409
restricted snake owners;	1410

(b) One member who is knowledgeable about dangerous wild	1411
animals or restricted snakes;	1412

(c) One member representing an accredited member of the	1413
association of zoos and aquariums that operates in this state;	1414

(d) One member representing an accredited member of the	1415
zoological association of America;	1416

(e) Two members who are veterinarians;

1417

(f) Two members representing the public;

1418

(g) One member representing the governor;

1419

(h) One member representing a humane society;

1420

(i) One member representing a board of health.

1421

(6) One member appointed by the speaker of the house of	1422
representatives who shall be a restricted snake owner;	1423

(7) One member appointed by the president of the senate who	1424
shall be a dangerous wild animal owner.	1425

Not more than seven members appointed to the board at any	1426
given time shall be members of the same political party.	1427

(B)(1) The governor, the speaker of the house of	1428
representatives, and the president of the senate shall make	1429
initial appointments to the board not later than forty-five days	1430
after the effective date of this section.	1431

(2) The following initial members of the board appointed by	1432
the governor shall be appointed for a term ending January 15,	1433
2013:	1434

(a) The member representing dangerous wild animal or	1435
restricted snake owners;	1436

(b) One of the members who is a veterinarian;

1437

1438

(d) The member representing an accredited member of the	1439
zoological association of America;	1440

(e) The member representing a board of health.

1441

(3) The following initial members of the board shall be	1442
appointed for a term ending January 15, 2014:	1443

(a) The member appointed by the speaker of the house of	1444
representatives;	1445

(b) The member who is knowledgeable about dangerous wild	1446
animals or restricted snakes;	1447

1448

(d) One of the members representing the public.

1449

(4) The following initial members of the board shall be	1450
appointed for a term ending January 15, 2015:	1451

(a) The member appointed by the president of the senate;

1452

(b) The member representing an accredited member of the	1453
association of zoos and aquariums that operates in this state;	1454

1455

(d) One of the members who is a veterinarian.

1456

Thereafter, terms of office of appointed members shall be for	1457
three years with each term ending on the same day of the same	1458
month as did the term that it succeeds. An appointed member shall	1459
hold office from the date of the member's appointment until the	1460
end of the term for which the member was appointed.	1461

The terms of office of the director of agriculture, the	1462
director of natural resources, the director of health, their	1463
designees, and the state veterinarian shall coincide with the	1464
length of time that the person holds the position of director or	1465
state veterinarian or is a designee, as applicable. If a director,	1466
a designee, or the state veterinarian resigns or that person's	1467
employment is terminated, that person shall cease to serve on the	1468
board, and the successor of that person shall serve on the board	1469
in accordance with this section.	1470

(C) Vacancies on the board shall be filled in the manner	1471
provided for original appointments. A member appointed to fill a	1472
vacancy occurring prior to the expiration of the term for which	1473
the member's predecessor was appointed shall hold office for the	1474
remainder of that term. A member shall continue in office	1475
subsequent to the expiration date of the member's term until the	1476
member's successor takes office, or until a period of one hundred	1477
eighty days has elapsed, whichever occurs first. A member may be	1478
reappointed upon the expiration of the member's term.	1479

(D) The board shall hold at least three regular meetings each	1480
year and may hold additional meetings at times that the	1481
chairperson or a majority of the board members considers	1482
appropriate. At the first meeting of the board in each calendar	1483
year, the director of agriculture or the director's designee shall	1484
designate one member of the board to serve as its	1485
vice-chairperson. A majority of the board constitutes a quorum.	1486
The board may act only if a quorum is present and only by a	1487
majority vote of the members.	1488

(E) Serving as an appointed member of the board does not	1489
constitute holding a public office or position of employment under	1490
the laws of this state and does not constitute grounds for removal	1491
of public officers or employees from their offices or positions of	1492
employment.	1493

(F) Appointed members of the board shall receive no	1494
compensation for their services. Members shall be reimbursed for	1495
their actual and necessary expenses incurred in the performance of	1496
their duties as members. The expenses shall be paid from the	1497
dangerous and restricted animal fund created in section 935.25 of	1498
the Revised Code. The expenses shall be paid in accordance with	1499
the rules and requirements adopted by the department of	1500
administrative services that are applicable to state employees.	1501

(G) The board may create committees that it considers	1502
appropriate to make recommendations to the board. Committees may	1503
include members who do not serve on the board.	1504

(H) The board shall do both of the following:

1505

(1) Review the rules that have been or are proposed to be	1506
adopted under divisions (A)(2) and (B) of section 935.17 of the	1507
Revised Code;	1508

(2) Advise the director of agriculture on the administration	1509
of this chapter and rules.	1510

Sec. 935.27. (A) There is hereby created the dangerous wild	1511
animal state emergency response commission consisting of all of	1512
the following:	1513

(1) The director of agriculture or the director's designee,	1514
who shall be the chairperson of the commission;	1515

(2) The director of natural resources or the director's	1516
designee;	1517

(3) The director of health or the director's designee;

1518

(4) The executive director of the emergency management agency	1519
or the executive director's designee;	1520

(5) A member of the house of representatives appointed by the	1521
speaker of the house of representatives;	1522

(6) A member of the senate appointed by the president of the	1523
senate;	1524

(7) Both of the following members who shall be appointed by	1525
the governor with the advice and consent of the senate:	1526

(a) A person representing a local law enforcement agency;

1527

(b) A person representing the owners of dangerous wild	1528
animals.	1529

(B) Not later than thirty days after the effective date of	1530
this section, the governor shall make appointments to the	1531
commission. Of the initial appointments, one shall serve for a	1532
term of two years and one shall serve for a term of three years.	1533
Thereafter, terms of office shall be for three years, with each	1534
term ending on the same day of the same month as did the term that	1535
it succeeds. Each member shall hold office from the date of	1536
appointment until the end of the term for which the member was	1537
appointed.	1538

Members may be reappointed. Vacancies shall be filled in the	1539
manner provided for original appointments. Any member appointed to	1540
fill a vacancy occurring prior to the expiration date of the term	1541
for which the member's predecessor was appointed shall hold office	1542
for the remainder of that term. A member shall continue in office	1543
subsequent to the expiration date of the member's term until the	1544
member's successor takes office or until a period of sixty days	1545
has elapsed, whichever occurs first.	1546

The commission shall meet at times that the chairperson or a	1547
majority of the commission members considers appropriate, provided	1548
that no meeting shall be held on the call of the chairperson	1549
unless at least seven days' written notice first is provided to	1550
all members of the commission. At the first meeting of the	1551
commission in each calendar year, the director of agriculture	1552
shall designate one member of the commission to serve as its	1553
vice-chairperson. A majority vote of the members of the commission	1554
is necessary to take action on any matter. A vacancy on the	1555
commission does not impair the right of the other members to	1556
exercise all of the commission's powers.	1557

Appointed members of the commission shall serve without	1558
compensation for attending commission meetings. Members of the	1559
commission shall be reimbursed for their actual and necessary	1560
expenses incurred in the performance of official duties as members	1561
of the commission.	1562

The department of agriculture shall provide the commission	1563
with the personnel, office space, and incidentals necessary for it	1564
to perform its duties and exercise its powers.	1565

1566

(1) Establish a state dangerous wild animal emergency	1567
response plan for escaped dangerous wild animals in this state;	1568

(2) By resolution, appoint members to a dangerous wild animal	1569
county emergency response team for each county. A county emergency	1570
response team shall consist of the number of members that the	1571
commission considers appropriate, but shall include	1572
representatives from each of the following groups or	1573
organizations: elected local officials, law enforcement personnel,	1574
emergency management personnel, firefighting personnel, first aid	1575
personnel, health personnel, broadcast and print media personnel,	1576
and persons that possess dangerous wild animals.	1577

(3) Examine and approve or reject emergency response plans	1578
submitted to the commission by each county's dangerous wild animal	1579
county emergency response team.	1580

The commission shall establish procedures and requirements	1581
for the preparation and examination and the approval or rejection	1582
of a county's emergency response plan.	1583

Sec. 935.28. The dangerous wild animal county emergency	1584
response team of a county established under section 935.27 of the	1585
Revised Code shall prepare an emergency response plan for the	1586
county. The plan shall include the methods and procedures that	1587
will be utilized in the county in the event of an escaped	1588
dangerous wild animal in the county. The emergency response team	1589
shall submit the plan to the dangerous wild animal emergency	1590
response commission established in section 935.27 of the Revised	1591
Code for the commission's approval. The emergency response team	1592
shall update the plan on an annual basis and shall submit the	1593
updated plan to the commission for approval.	1594

Sec. 935.29. (A) For the purposes of this section,	1595
ordinances to control dangerous wild animals, restricted snakes,	1596
or both include, but are not limited to, ordinances concerned with	1597
the acquisition or possession of dangerous wild animals or	1598
restricted snakes, dangerous wild animals or restricted snakes as	1599
public nuisances, and dangerous wild animals or restricted snakes	1600
as a threat to public health, safety, and welfare.	1601

(B) A municipal corporation may adopt and enforce ordinances	1602
that are more stringent than the requirements established by this	1603
chapter and rules in order to control dangerous wild animals,	1604
restricted snakes, or both within the municipal corporation.	1605

(C) No person shall violate an ordinance adopted under this	1606
section.	1607

Sec. 935.99. (A) Whoever violates division (A), (B), (C),	1608
(E), (F), or (G) of section 935.18 of the Revised Code is guilty	1609
of a misdemeanor of the first degree on a first offense and a	1610
felony of the fifth degree on each subsequent offense.	1611

(B) Whoever violates division (D) of section 935.18 of the	1612
Revised Code is guilty of a felony of the fifth degree.	1613

(C) Whoever violates division (C) of section 935.29 of the	1614
Revised Code is guilty of a minor misdemeanor. Each day of	1615
continued violation constitutes a separate offense. Fines levied	1616
and collected for violations of that division shall be distributed	1617
by the mayor or clerk of the municipal court in accordance with	1618
section 733.40 or division (F) of section 1901.31 of the Revised	1619
Code to the treasury of the municipal corporation whose ordinance	1620
was violated.	1621

Sec. 1533.71. (A) Unless otherwise provided by division	1622
rule, any person desiring to engage in the business of raising and	1623
selling game birds, game quadrupeds, reptiles, amphibians, or	1624
fur-bearing animals in a wholly enclosed preserve of which the	1625
person is the owner or lessee, or to have game birds, game	1626
quadrupeds, reptiles, amphibians, or fur-bearing animals in	1627
captivity, shall apply in writing to the division of wildlife for	1628
a license to do so.	1629

(B) The division, when it appears that the application is	1630
made in good faith and upon the payment of the fee for each	1631
license, may issue to the applicant any of the following licenses	1632
that may be applied for:	1633

~~(A)~~(1) "Commercial propagating license" permitting the	1634
licensee to propagate game birds, game quadrupeds, reptiles,	1635
amphibians, or fur-bearing animals in the wholly enclosed preserve	1636
the location of which is stated in the license and the application	1637
therefor, and to sell the propagated game birds, game quadrupeds,	1638
reptiles, amphibians, or fur-bearing animals and ship them from	1639
the state alive at any time, and permitting the licensee and the	1640
licensee's employees to kill the propagated game birds, game	1641
quadrupeds, or fur-bearing animals and sell the carcasses for food	1642
subject to sections 1533.70 to 1533.80 of the Revised Code. The	1643
fee for such a license is forty dollars per annum.	1644

~~(B)~~(2) "Noncommercial propagating license" permitting the	1645
licensee to propagate game birds, game quadrupeds, reptiles,	1646
amphibians, or fur-bearing animals and to hold the animals in	1647
captivity. Game birds, game quadrupeds, reptiles, amphibians, and	1648
fur-bearing animals propagated or held in captivity by authority	1649
of a noncommercial propagating license are for the licensee's own	1650
use and shall not be sold. The fee for such a license is	1651
twenty-five dollars per annum.	1652

~~(C)~~(3) A free "raise to release license" permitting duly	1653
organized clubs, associations, or individuals approved by the	1654
division to engage in the raising of game birds, game quadrupeds,	1655
or fur-bearing animals for release only and not for sale or	1656
personal use.	1657

(C) Except as provided by law, no person shall possess game	1658
birds, game quadrupeds, or fur-bearing animals in closed season,	1659
provided that municipal or governmental zoological parks are not	1660
required to obtain the licenses provided for in this section.	1661

All licenses issued under this section shall expire on the	1662
fifteenth day of March of each year.	1663

The chief of the division of wildlife shall pay all moneys	1664
received as fees for the issuance of licenses under this section	1665
into the state treasury to the credit of the fund created by	1666
section 1533.15 of the Revised Code for the use of the division in	1667
the purchase, preservation, and protection of wild animals and for	1668
the necessary clerical help and forms required by sections 1533.70	1669
to 1533.80 of the Revised Code.	1670

(D) This section does not authorize the taking or the release	1671
for taking of the following:	1672

(1) Game birds, without first obtaining a commercial bird	1673
shooting preserve license issued under section 1533.72 of the	1674
Revised Code;	1675

(2) Game or nonnative wildlife, without first obtaining a	1676
wild animal hunting preserve license issued under section 1533.721	1677
of the Revised Code.	1678

(E) A license shall not be issued under this section to raise	1679
or sell a dangerous wild animal or restricted snake as defined in	1680
section 935.01 of the Revised Code.	1681

Section 2. That existing section 1533.71 and section 2927.21	1682
of the Revised Code are hereby repealed.	1683

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Bill Text: OH SB310 | 2011-2012 | 129th General Assembly | Engrossed

Ohio Senate Bill 310 (Prior Session Legislation)

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