As Passed by the Senate

127th General Assembly
Regular Session
2007-2008
H. B. No. 153


Representative Latta 

Cosponsors: Representatives Setzer, Flowers, Combs, McGregor, J., Evans, Ujvagi, Bacon, Seitz, Okey, Gibbs, Stebelton, Yuko, Aslanides, Wagner, Core, Distel, Domenick, Goodwin, Harwood, Hite, Huffman, Luckie, Reinhard, Sayre, Zehringer, Batchelder, Blessing, Bolon, Book, Brady, Bubp, Budish, Collier, Dodd, Dolan, Driehaus, Dyer, Fende, Garrison, Hagan, J., Hughes, Oelslager, Otterman, Patton, Schlichter, Schneider, Stewart, J., Uecker, Wagoner, Webster, Widener, Yates 

Senators Spada, Morano, Miller, D., Mason, Boccieri, Buehrer, Carey, Cates, Faber, Grendell, Harris, Niehaus, Roberts, Sawyer, Schaffer, Wilson 

A BILL
To enact section 1531.133 of the Revised Code to 1
direct the Chief of the Division of Wildlife in 2
the Department of Natural Resources to enter into 3
the Wildlife Violators Compact and to authorize 4
the Chief to enter into agreements with law 5
enforcement agencies outside of this state for 6
joint law enforcement operations.7


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

       Section 1. That section 1531.133 of the Revised Code be 8
enacted to read as follows:9

       Sec. 1531.133. (A)(1) The chief of the division of wildlife, 10
with the approval of the director of natural resources, may enter 11
into a memorandum of understanding, agreement, or mutual aid 12
compact with the head of any entity of another state, federal 13
entity, or foreign entity that employs or appoints a law 14
enforcement officer who has substantially the same duties as a 15
peace officer, as "peace officer" is defined in section 2935.01 of 16
the Revised Code, to enable wildlife officers and the specified 17
law enforcement officers to assist each other in the provision of 18
law enforcement services within the jurisdictions that are subject 19
to the memorandum of understanding, agreement, or mutual aid 20
compact.21

        (2) Employees of the division of wildlife who are serving 22
under the terms of a memorandum of understanding, agreement, or 23
mutual aid compact entered into under division (A)(1) of this 24
section shall be considered as performing services within their 25
regular employment for purposes of compensation, pension or 26
indemnity fund rights, workers' compensation, and other rights or 27
benefits to which they may be entitled as incidents of their 28
regular employment.29

        (3) Employees of the division of wildlife who are serving 30
under the terms of a memorandum of understanding, agreement, or 31
mutual aid compact entered into under division (A)(1) of this 32
section retain personal immunity from civil liability under 33
section 9.86 of the Revised Code and all rights of indemnification 34
and representation incident to regular employment.35

        (B) The chief shall adopt rules to enter into a reciprocal 36
agreement with participating states for the enhancement of 37
compliance with hunting, fishing, and other wildlife laws. The 38
agreement is named the wildlife violators compact. The agreement 39
and the rules shall provide for the fair and impartial treatment 40
of wildlife violators operating within participating states in 41
recognition of the violators' due process rights.42