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| To enact section 1531.40 of the Revised Code to | 1 |
| require commercial nuisance wild animal control | 2 |
| operators that provide nuisance wild animal | 3 |
| removal or control services to be licensed by the | 4 |
| Chief of the Division of Wildlife. | 5 |
| Section 1. That section 1531.40 of the Revised Code be | 6 |
| enacted to read as follows: | 7 |
| Sec. 1531.40. (A) As used in this section: | 8 |
| (1) "Nuisance wild animal" means a wild animal that | 9 |
| interferes with the use or enjoyment of property, is causing a | 10 |
| threat to public safety, or may cause damage or harm to a | 11 |
| structure, property, or person. | 12 |
| (2) "Commercial nuisance wild animal control operator" means | 13 |
| an individual or business that provides nuisance wild animal | 14 |
| removal or control services for hire to the owner, the operator, | 15 |
| or the owner's or operator's authorized agent of property or a | 16 |
| structure. | 17 |
| (B)(1) No person shall provide nuisance wild animal removal | 18 |
| or control services for hire without obtaining a license under | 19 |
| this section from the chief of the division of wildlife. | 20 |
| (2) An applicant shall pay a license fee of forty dollars for | 21 |
| the license. The license shall be renewed annually prior to the | 22 |
| first day of March and shall expire on the last day of February. | 23 |
| All money collected under this division shall be deposited in the | 24 |
| state treasury to the credit of the wildlife fund created in | 25 |
| section 1531.17 of the Revised Code. | 26 |
| (3) An individual who is providing nuisance wild animal | 27 |
| removal or control services for hire under a license issued under | 28 |
| this section is exempt from obtaining a hunting license under | 29 |
| section 1533.10 of the Revised Code, a fur taker permit under | 30 |
| section 1533.111 of the Revised Code, or a fishing license under | 31 |
| section 1533.32 of the Revised Code for the purposes of performing | 32 |
| those services. | 33 |
| (4) An individual who is employed by the state, a county, or | 34 |
| a municipal corporation and who performs nuisance wild animal | 35 |
| removal or control services on land that is owned by the state, | 36 |
| county, or municipal corporation, as applicable, as part of the | 37 |
| individual's employment is exempt from obtaining a license under | 38 |
| this section. | 39 |
| (C)(1) Unless otherwise specified by division rule, a | 40 |
| commercial nuisance wild animal control operator and any | 41 |
| individual who is employed by an operator that is engaged in | 42 |
| activities that are part of or related to the removal or control | 43 |
| of nuisance wild animals, including setting or maintaining traps, | 44 |
| shall obtain a certification of completion of a course of | 45 |
| instruction that complies with rules adopted under division (F) of | 46 |
| this section. A certification shall be renewed every three years. | 47 |
| (2) An individual who provides nuisance wild animal removal | 48 |
| or control services under a license issued under this section | 49 |
| shall comply with division (C)(1) of this section. | 50 |
| (D) An operator that holds a license issued under this | 51 |
| section is responsible for the acts of each of the operator's | 52 |
| employees in the removal or control of a nuisance wild animal. | 53 |
| (E) If an individual who is licensed under this section uses | 54 |
| a pesticide in the removal or control of a nuisance wild animal, | 55 |
| the individual shall obtain the appropriate license under Chapter | 56 |
| 921. of the Revised Code. | 57 |
| (F) The chief shall adopt rules under section 1531.10 of the | 58 |
| Revised Code establishing all of the following: | 59 |
| (1) Appropriate methods for trapping, capturing, removing, | 60 |
| relocating, and controlling nuisance wild animals by operators | 61 |
| licensed under this section; | 62 |
| (2) Procedures for issuing, denying, suspending, and revoking | 63 |
| a license under this section; | 64 |
| (3) Requirements governing the certification course required | 65 |
| by division (C)(1) of this section. The rules shall specify the | 66 |
| minimum contents of such a course, including public safety and | 67 |
| health, animal life history, the use of nuisance wild animal | 68 |
| removal and control devices, and the laws and rules governing | 69 |
| those activities. The rules also shall specify who may conduct | 70 |
| such a course. The rules shall require that, in order for an | 71 |
| operator to receive a certification of completion, the operator | 72 |
| shall pass an examination. | 73 |
| (4) Any other requirements and procedures necessary to | 74 |
| administer and enforce this section. | 75 |
| Rules shall be adopted under division (F) of this section | 76 |
| only with the approval of the director of natural resources. | 77 |
| (G) In accordance with Chapter 119. of the Revised Code and | 78 |
| with rules adopted under this section, the chief may suspend or | 79 |
| revoke a license issued under this section if the chief finds that | 80 |
| the holder of the license is violating or has violated this | 81 |
| chapter, Chapter 1533. of the Revised Code, or rules adopted under | 82 |
| those chapters. | 83 |