As Passed by the House

129th General Assembly Regular Session 2011-2012

Sub. S. B. No. 130

Senators Hughes, Cates 

Cosponsors: Senators Lehner, Seitz, Skindell, Turner, Hite, Beagle, Burke, Gentile, Jones, LaRose, Niehaus, Patton, Sawyer, Schiavoni, Tavares, Wagoner 

Representatives Antonio, Ashford, Budish, Celebrezze, Cera, Combs, Derickson, Dovilla, Fedor, Fende, Garland, Gerberry, Goyal, Grossman, Hagan, R., Heard, Kozlowski, Letson, Lundy, Mallory, Milkovich, O'Brien, Phillips, Ramos, Schuring, Szollosi, Thompson, Winburn, Yuko 

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A BILL

To amend sections 955.02, 955.10, 955.12, 955.20,

1

955.26, and 1901.183 and to enact sections 956.01

2

to 956.18 of the Revised Code to regulate certain

3

dog breeding kennels and dog retailers.

4

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

Section 1.  That sections 955.02, 955.10, 955.12, 955.20,	5
955.26, and 1901.183 be amended and sections 956.01, 956.02,	6
956.03, 956.04, 956.05, 956.06, 956.07, 956.08, 956.09, 956.10,	7
956.11, 956.12, 956.13, 956.14, 956.15, 956.16, 956.17, and 956.18	8
of the Revised Code be enacted to read as follows:	9

Sec. 955.02. AAs used in this chapter, "dog kennel" or	10
"kennel owner is a person, partnership, firm, company, or	11
corporation professionally engaged in the business" means an	12
establishment that keeps, houses, and maintains adult dogs, as	13
defined in section 956.01 of the Revised Code, for the purpose of	14
breeding the dogs for hunting or for a fee or other consideration	15
received through a sale, exchange, or lease and that is not a high	16
volume breeder licensed under Chapter 956. of the Revised Code.	17

Sec. 955.10.  No owner of a dog, except a dog constantly	18
confined to a registereddog kennel registered under this chapter	19
or one licensed under Chapter 956. of the Revised Code, shall fail	20
to require the dog to wear, at all times, a valid tag issued in	21
connection with a certificate of registration. A dog's failuredog	22
found not wearing at any time to wear a valid tag shall be	23
prima-facie evidence of lack of registration and shall subject any	24
dog found not wearing such a tag to impounding, sale, or	25
destruction.	26

Sec. 955.12.  The board of county commissioners shall appoint	27
or employ a county dog warden and deputies in such number, for	28
such periods of time, and at such compensation as the board	29
considers necessary to enforce sections 955.01 to 955.27, 955.29	30
to 955.38, and 955.50 to 955.53 of the Revised Code.	31

The warden and deputies shall give bond in a sum not less	32
than five hundred dollars and not more than two thousand dollars,	33
as set by the board, conditioned for the faithful performance of	34
their duties. The bond or bonds may, in the discretion of the	35
board, be individual or blanket bonds. The bonds shall be filed	36
with the county auditor of their respective counties.	37

The warden and deputies shall make a record of all dogs	38
owned, kept, and harbored in their respective counties. They shall	39
patrol their respective counties and seize and impound on sight	40
all dogs found running at large and all dogs more than three	41
months of age found not wearing a valid registration tag, except	42
any dog that wears a valid registration tag and is: on the	43
premises of its owner, keeper, or harborer, under the reasonable	44
control of its owner or some other person, hunting with its owner	45
or its handler at a field trial, kept constantly confined in a	46
registered dog kennel registered under this chapter or one	47
licensed under Chapter 956. of the Revised Code, or acquired by,	48
and confined on the premises of, an institution or organization of	49
the type described in section 955.16 of the Revised Code. A dog	50
that wears a valid registration tag may be seized on the premises	51
of its owner, keeper, or harborer and impounded only in the event	52
of a natural disaster.	53

If a dog warden has reason to believe that a dog is being	54
treated inhumanely on the premises of its owner, keeper, or	55
harborer, the warden shall apply to the court of common pleas for	56
the county in which the premises are located for an order to enter	57
the premises, and if necessary, seize the dog. If the court finds	58
probable cause to believe that the dog is being treated	59
inhumanely, it shall issue such an order.	60

The warden and deputies shall also investigate all claims for	61
damages to animals reported to them under section 955.29 of the	62
Revised Code and assist claimants to fill out the claim form	63
therefor. They shall make weekly reports, in writing, to the board	64
in their respective counties of all dogs seized, impounded,	65
redeemed, and destroyed and of all claims for damage to animals	66
inflicted by dogs.	67

The wardens and deputies shall have the same police powers as	68
are conferred upon sheriffs and police officers in the performance	69
of their duties as prescribed by sections 955.01 to 955.27, 955.29	70
to 955.38, and 955.50 to 955.53 of the Revised Code. They shall	71
also have power to summon the assistance of bystanders in	72
performing their duties and may serve writs and other legal	73
processes issued by any court in their respective counties with	74
reference to enforcing those sections. County auditors may	75
deputize the wardens or deputies to issue dog licenses as provided	76
in sections 955.01 and 955.14 of the Revised Code.	77

Whenever any person files an affidavit in a court of	78
competent jurisdiction that there is a dog running at large that	79
is not kept constantly confined either in a registered dog kennel	80
registered under this chapter or one licensed under Chapter 956.	81
of the Revised Code or on the premises of an institution or	82
organization of the type described in section 955.16 of the	83
Revised Code or that a dog is kept or harbored in the warden's	84
jurisdiction without being registered as required by law, the	85
court shall immediately order the warden to seize and impound the	86
dog. Thereupon the warden shall immediately seize and impound the	87
dog complained of. The warden shall give immediate notice by	88
certified mail to the owner, keeper, or harborer of the dog seized	89
and impounded by the warden, if the owner, keeper, or harborer can	90
be determined from the current year's registration list maintained	91
by the warden and the county auditor of the county where the dog	92
is registered, that the dog has been impounded and that, unless	93
the dog is redeemed within fourteen days of the date of the	94
notice, it may thereafter be sold or destroyed according to law.	95
If the owner, keeper, or harborer cannot be determined from the	96
current year's registration list maintained by the warden and the	97
county auditor of the county where the dog is registered, the	98
officer shall post a notice in the pound or animal shelter both	99
describing the dog and place where seized and advising the unknown	100
owner that, unless the dog is redeemed within three days, it may	101
thereafter be sold or destroyed according to law.	102

As used in this section, "animal" has the same meaning as in	103
section 955.51 of the Revised Code.	104

Sec. 955.20.  The registration fees provided for in sections	105
955.01 to 955.14 of the Revised Code constitute a special fund	106
known as "the dog and kennel fund." The fees shall be deposited by	107
the county auditor in the county treasury daily as collected and.	108
Money in the fund shall be used for the purpose of defraying the	109
cost of furnishing all blanks, records, tags, nets, and other	110
equipment, for the purpose of paying the compensation of county	111
dog wardens, deputies, poundkeepers, and other employees necessary	112
to carry out and enforce sections 955.01 to 955.261 of the Revised	113
Code, and for the payment of animal claims as provided in sections	114
955.29 to 955.38 of the Revised Code, and in accordance with	115
section 955.27 of the Revised Code. The board of county	116
commissioners, by resolution, shall appropriate sufficient funds	117
out of the dog and kennel fund, not more than fifteen per cent of	118
which shall be expended by the auditor for registration tags,	119
blanks, records, and clerk hire, for the purpose of defraying the	120
necessary expenses of registering, seizing, impounding, and	121
destroying dogs in accordance with sections 955.01 to 955.27 of	122
the Revised Code, and for the purpose of covering any additional	123
expenses incurred by the county auditor as authorized by division	124
(F)(3) of section 955.14 of the Revised Code.	125

If the funds so appropriated in any calendar year are found	126
by the board to be insufficient to defray the necessary cost and	127
expense of the county dog warden in enforcing sections 955.01 to	128
955.27 of the Revised Code, the board, by resolution so provided,	129
after setting aside a sum equal to the total amount of animal	130
claims paid orfiled in that calendar year, or an amount equal to	131
the total amount of animal claims paid or allowed the preceding	132
year, whichever amount is larger, may appropriate further funds	133
for the use and purpose of the county dog warden in administering	134
those sections.	135

Sec. 955.26.  Whenever, in the judgment of the director of	136
health, any city or general health district board of health, or	137
persons performing the duties of a board of health, rabies is	138
prevalent, the director of health, the board, or those persons	139
shall declare a quarantine of all dogs in the health district or	140
in a part of it. During the quarantine, the owner, keeper, or	141
harborer of any dog shall keep it confined on the premises of the	142
owner, keeper, or harborer, or in a suitable pound or, kennel, or	143
other suitable place, at the expense of the owner, keeper, or	144
harborer, except that a dog may be permitted to leave the premises	145
of its owner, keeper, or harborer if it is under leash or under	146
the control of a responsible person. The quarantine order shall be	147
considered an emergency and need not be published.	148

When the quarantine has been declared, the director of	149
health, the board, or those persons may require vaccination for	150
rabies of all dogs within the health district or part of it. Proof	151
of rabies vaccination within a satisfactory period shall be	152
demonstrated to the county auditor before any registration is	153
issued under section 955.01 of the Revised Code for any dog that	154
is required to be vaccinated.	155

The director shall determine appropriate methods of rabies	156
vaccination and satisfactory periods for purposes of quarantines	157
under this section.	158

When a quarantine of dogs has been declared in any health	159
district or part of a health district, the county dog warden and	160
all other persons having the authority of police officers shall	161
assist the health authorities in enforcing the quarantine order.	162
When rabies vaccination has been declared compulsory in any health	163
district or part of a health district, the dog warden shall assist	164
the health authorities in enforcing the vaccination order.	165

Notwithstanding the provisions of this section, a city or	166
general health district board of health may make orders pursuant	167
to sections 3709.20 and 3709.21 of the Revised Code requiring the	168
vaccination of dogs.	169

Sec. 956.01.  As used in this chapter:

170

(A) "Adult dog" means a dog that is twelve months of age or	171
older.	172

(B) "Animal rescue for dogs" means an individual or	173
organization recognized by the director of agriculture that keeps,	174
houses, and maintains dogs and that is dedicated to the welfare,	175
health, safety, and protection of dogs, provided that the	176
individual or organization does not operate for profit, does not	177
sell dogs for a profit, does not breed dogs, and does not purchase	178
more than nine dogs in any given calendar year unless the dogs are	179
purchased from a dog warden appointed under Chapter 955. of the	180
Revised Code, a humane society, or another animal rescue for dogs.	181
"Animal rescue for dogs" includes an individual or organization	182
that offers spayed or neutered dogs for adoption and charges	183
reasonable adoption fees to cover the costs of the individual or	184
organization, including, but not limited to, costs related to	185
spaying or neutering dogs.	186

(C) "Animal shelter for dogs" means a facility that keeps,	187
houses, and maintains dogs such as a dog pound operated by a	188
municipal corporation, or by a county under Chapter 955. of the	189
Revised Code, or that is operated by a humane society, animal	190
welfare society, society for the prevention of cruelty to animals,	191
or other nonprofit organization that is devoted to the welfare,	192
protection, and humane treatment of dogs and other animals.	193

(D) "Boarding kennel" means an establishment operating for	194
profit that keeps, houses, and maintains dogs solely for the	195
purpose of providing shelter, care, and feeding of the dogs in	196
return for a fee or other consideration.	197

(E) "Breeding dog" means an unneutered, unspayed dog that is	198
primarily harbored or housed on property that is the dog's primary	199
residence.	200

(F) "High volume breeder" means an establishment that keeps,	201
houses, and maintains adult breeding dogs that produce at least	202
nine litters of puppies in any given calendar year and, in return	203
for a fee or other consideration, sells sixty or more adult dogs	204
or puppies per calendar year.	205

(G) "Humane society" means an organization that is organized	206
under section 1717.05 of the Revised Code.	207

(H) "Dog retailer" means a person who buys, sells, or offers	208
to sell dogs at wholesale for resale to another or who sells or	209
gives one or more dogs to a pet store annually. "Dog retailer"	210
does not include an animal rescue for dogs, an animal shelter for	211
dogs, a humane society, a medical kennel for dogs, a research	212
kennel for dogs, a pet store, or a veterinarian.	213

(I) "Environmental division of the Franklin county municipal	214
court" means the environmental division of the Franklin county	215
municipal court created in section 1901.011 of the Revised Code.	216

(J) "Medical kennel for dogs" means a facility that is	217
maintained by a veterinarian and operated primarily for the	218
treatment of sick or injured dogs.	219

(K) "Pet store" means a retail store that sells dogs to the	220
public.	221

(L) "Puppy" means a dog that is under twelve months of age.

222

(M) "Research kennel for dogs" means a facility housing dogs	223
that is maintained exclusively for research purposes.	224

(N) "Veterinarian" means a veterinarian licensed under	225
Chapter 4741. of the Revised Code.	226

Sec. 956.02.  Medical kennels for dogs, research kennels for	227
dogs, animal shelters for dogs that are operated by a municipal	228
corporation, or by a county under Chapter 955. of the Revised	229
Code, and veterinarians are not required to obtain a license under	230
this chapter or comply with any other requirements of this chapter	231
and rules adopted under it.	232

Sec. 956.03.  The director of agriculture shall adopt rules	233
in accordance with Chapter 119. of the Revised Code establishing	234
all of the following:	235

(A) Requirements and procedures governing high volume	236
breeders, including the licensing and inspection of and record	237
keeping by high volume breeders, in addition to the requirements	238
and procedures established in this chapter;	239

(B) Requirements and procedures for conducting background	240
investigations of each applicant for a license issued under	241
section 956.04 of the Revised Code in order to determine if the	242
applicant has been convicted of or pleaded guilty to any of the	243
violations specified in division (A)(2) of section 956.15 of the	244
Revised Code;	245

(C) Requirements and procedures governing dog retailers,	246
including the licensing of and record keeping by dog retailers, in	247
addition to the requirements and procedures established in this	248
chapter;	249

(D) The form of applications for licenses issued under this	250
chapter and the information that is required to be submitted in	251
the applications and the form for registering as an animal rescue	252
for dogs under this chapter and the information that is required	253
to be provided with a registration, including the name and address	254
of each foster home that an animal rescue for dogs utilizes;	255

(E) A requirement that each high volume breeder submit to the	256
director, with an application for a high volume breeder license,	257
evidence of insurance or, in the alternative, evidence of a surety	258
bond payable to the state to ensure compliance with this chapter	259
and rules adopted under it. The face value of the insurance	260
coverage or bond shall be in the following amounts:	261

(1) Five thousand dollars for high volume breeders keeping,	262
housing, and maintaining not more than twenty-five adult dogs;	263

(2) Ten thousand dollars for high volume breeders keeping,	264
housing, and maintaining at least twenty-six adult dogs, but not	265
more than fifty adult dogs;	266

(3) Fifty thousand dollars for high volume breeders keeping,	267
housing, and maintaining more than fifty adult dogs.	268

The rules shall require that the insurance be payable to the	269
state or that the surety bond be subject to redemption by the	270
state, as applicable, upon a suspension or revocation of a high	271
volume breeder license for the purpose of paying for the	272
maintenance and care of dogs that are seized or otherwise	273
impounded from the high volume breeder in accordance with this	274
chapter.	275

(F)(1) For high volume breeders, standards of care governing	276
all of the following:	277

(a) Housing;

278

(b) Nutrition;

279

(c) Exercise;

280

(d) Grooming;

281

(e) Biosecurity and disease control;

282

(f) Waste management;

283

(g) Whelping;

284

(h) Any other general standards of care for dogs.

285

(2) In adopting rules under division (F)(1) of this section,	286
the director shall consider the following factors, without	287
limitation:	288

(a) Best management practices for the care and well-being of	289
dogs;	290

(b) Biosecurity;

291

(c) The prevention of disease;

292

(d) Morbidity and mortality data;

293

(e) Generally accepted veterinary medical standards and	294
ethical standards established by the American veterinary medical	295
association;	296

(f) Standards established by the United States department of	297
agriculture under the federal animal welfare act as defined in	298
section 959.131 of the Revised Code.	299

(G) Procedures for inspections conducted under section 956.10	300
of the Revised Code in addition to the procedures established in	301
that section, and procedures for making records of the	302
inspections;	303

(H)(1) A requirement that an in-state retailer of a puppy or	304
adult dog provide to the purchaser the complete name, address, and	305
telephone number of all high volume breeders, dog retailers, and	306
private owners that kept, housed, or maintained the puppy or adult	307
dog prior to its coming into the possession of the retailer or	308
proof that the puppy or adult dog was acquired through an animal	309
rescue for dogs, animal shelter for dogs, or humane society, or a	310
valid health certificate from the state of origin pertaining to	311
the puppy or adult dog;	312

(2) A requirement that an out-of-state retailer of a puppy or	313
adult dog that is conducting business in this state provide to the	314
purchaser a valid health certificate from the state of origin	315
pertaining to the puppy or adult dog and the complete name,	316
address, and telephone number of all breeders, retailers, and	317
private owners that kept, housed, or maintained the puppy or adult	318
dog prior to its coming into the possession of the retailer or	319
proof that the puppy or adult dog was acquired through an animal	320
rescue for dogs, animal shelter for dogs, or humane society in	321
this state or another state.	322

(I) A requirement that a high volume breeder or a dog	323
retailer who advertises the sale of a puppy or adult dog include	324
with the advertisement the vendor number assigned by the tax	325
commissioner to the high volume breeder or to the dog retailer if	326
the sale of the puppy or dog is subject to the tax levied under	327
Chapter 5739. of the Revised Code;	328

(J) A requirement that a licensed high volume breeder and a	329
licensed dog retailer comply with Chapter 5739. of the Revised	330
Code. The rules shall authorize the director to suspend or revoke	331
a license for failure to comply with that chapter. The director	332
shall work in conjunction with the tax commissioner for the	333
purposes of rules adopted under this division.	334

(K) Any other requirements and procedures that are determined	335
by the director to be necessary for the administration and	336
enforcement of this chapter and rules adopted under it. However,	337
rules adopted under this division shall not establish additional	338
requirements and procedures governing animal rescues for dogs	339
other than those adopted under division (D) of this section.	340

Sec. 956.04.  (A)(1) No person shall operate a high volume	341
breeder in this state without a high volume breeder license issued	342
by the director of agriculture in accordance with this section and	343
rules adopted under section 956.03 of the Revised Code.	344

(2) The director shall not issue a license under this section	345
unless the director determines that the applicant will operate or	346
will continue to operate the high volume breeder in accordance	347
with this chapter and rules adopted under it.	348

(B) In determining whether an establishment is a high volume	349
breeder requiring a license under this chapter, the director shall	350
determine if, in any given year, the establishment is a high	351
volume breeder as defined in section 956.01 of the Revised Code.	352
All facilities that are located at an individual postal address	353
shall be licensed as one high volume breeder. Not more than one	354
license shall be issued under this section for any given postal	355
address.	356

(C) A person who is proposing to operate a new high volume	357
breeder shall submit an application for a license to the director	358
at least ninety days before commencing operation of the high	359
volume breeder. The application shall be submitted in the form and	360
with the information required by rules adopted under section	361
956.03 of the Revised Code and shall include with it at least all	362
of the following:	363

(1) An affidavit signed under oath or solemn affirmation of	364
the number of adult dogs that are kept, housed, and maintained by	365
the applicant at the location that is the subject of the	366
application;	367

(2) An estimate of the number of puppies to be kept, housed,	368
and maintained and of the number of litters of puppies or total	369
number of puppies to be produced during the term of the license;	370

(3) Photographic evidence documenting the facilities where	371
dogs will be kept, housed, and maintained by the applicant. The	372
director may conduct an inspection of the facilities that are the	373
subject of an application in addition to reviewing photographic	374
evidence submitted by an applicant for a license.	375

(4) A signed release permitting the performance of a	376
background investigation regarding the applicant in accordance	377
with rules adopted under section 956.03 of the Revised Code;	378

(5) Proof that the applicant has established a	379
veterinary-client-patient relationship as described in section	380
4741.04 of the Revised Code.	381

(D) During the month of December, but before the first day of	382
January of the next year, a person who is proposing to continue	383
the operation of a high volume breeder shall obtain a license for	384
the high volume breeder from the director for the following year.	385
The person shall apply for the license in the same manner as for	386
an initial license.	387

(E) The owner or operator of a high volume breeder that is in	388
operation on the effective date of this section shall submit to	389
the director an application for a high volume breeder license not	390
later than three months after the effective date of this section.	391
The director shall issue or deny the application for a license	392
within ninety days after the receipt of the completed application.	393

(F) A person who has received a license under this section,	394
upon sale or other disposition of the high volume breeder, may	395
have the license transferred to another person with the consent of	396
the director, provided that the transferee otherwise qualifies to	397
be licensed as a high volume breeder under this chapter and rules	398
adopted under it and does not have a certified unpaid debt to the	399
state.	400

(G) An applicant for a license issued under this section	401
shall demonstrate that the high volume breeder that is the subject	402
of the application complies with standards established in rules	403
adopted under section 956.03 of the Revised Code.	404

Sec. 956.05.  (A)(1) No person shall act as or perform the	405
functions of a dog retailer in this state without a dog retailer	406
license issued by the director of agriculture in accordance with	407
this section and rules adopted under section 956.03 of the Revised	408
Code.	409

(2) The director shall not issue a license under this section	410
unless the director determines that the applicant will act as or	411
perform the functions of a dog retailer in accordance with this	412
chapter and rules adopted under it.	413

(B) A person who is proposing to act as or perform the	414
functions of a dog retailer shall submit an application for a	415
license to the director. During the month of December, but before	416
the first day of January of the next year, a person who is	417
proposing to continue to act as or perform the functions of a dog	418
retailer shall obtain a license from the director for the	419
following year.	420

(C) A person who is acting as or performing the functions of	421
a dog retailer on the effective date of this section shall submit	422
to the director an application for a dog retailer license not	423
later than three months after the effective date of this section.	424
The director shall issue or deny the application for a license	425
within ninety days after the receipt of the completed application.	426

Sec. 956.06. No person shall operate an animal rescue for	427
dogs without first registering with the director of agriculture in	428
accordance with rules adopted under section 956.03 of the Revised	429
Code. No registration fee shall be charged to an animal rescue for	430
dogs. The director shall maintain a database of all persons that	431
are registered to operate an animal rescue for dogs in this state.	432

Sec. 956.07. (A) A person who is applying for a license to	433
operate a high volume breeder or to act as or perform the	434
functions of a dog retailer under section 956.04 or 956.05 of the	435
Revised Code, as applicable, shall include with the application	436
for a license a nonrefundable license application fee. For the	437
purpose of calculating the application fee for a high volume	438
breeder, the sale of one dog from a litter constitutes the sale of	439
a litter. The application fees are as follows:	440

(1) For a high volume breeder:

441

(a) One hundred fifty dollars if the high volume breeder	442
annually sells at least nine, but not more than fifteen litters;	443

(b) Two hundred fifty dollars if the high volume breeder	444
annually sells at least sixteen, but not more than twenty-five	445
litters;	446

(c) Three hundred fifty dollars if the high volume breeder	447
annually sells at least twenty-six, but not more than thirty-five	448
litters;	449

(d) Five hundred dollars if the high volume breeder annually	450
sells at least thirty-six, but not more than forty-five litters;	451

(e) Seven hundred fifty dollars if the high volume breeder	452
annually sells forty-six or more litters.	453

(2) For a dog retailer, five hundred dollars.

454

(B) Money collected by the director from each application fee	455
submitted under this section shall be transmitted by the director	456
to the treasurer of state to be credited to the high volume	457
breeder kennel control license fund created in section 956.18 of	458
the Revised Code. The treasurer of state shall transfer to the	459
county auditor of the county in which a high volume breeder is	460
located or will be located fifty dollars of the application fee	461
submitted by the breeder under this section or an amount equal to	462
the fee charged in that county for the registration of a kennel	463
under section 955.14 of the Revised Code, whichever is greater.	464
The county auditor shall deposit the transferred money into that	465
county's dog and kennel fund created under section 955.20 of the	466
Revised Code.	467

Sec. 956.08. No person operating a high volume breeder or	468
acting as or performing the functions of a dog retailer shall fail	469
to comply with applicable standards established by the director of	470
agriculture in rules adopted under section 956.03 of the Revised	471
Code.	472

Sec. 956.09. The director of agriculture shall enforce the	473
requirements and standards established in this chapter and rules	474
adopted under it.	475

Sec. 956.10.  (A)(1) At least once annually, the director of	476
agriculture or the director's authorized representative shall	477
inspect a high volume breeder that is subject to licensure under	478
this chapter and rules adopted under section 956.03 of the Revised	479
Code to ensure compliance with this chapter and rules adopted	480
under it, including the standards of care established in rules	481
adopted under that section.	482

(2) The director or the director's authorized representative	483
shall inspect a boarding kennel when the director or the	484
director's authorized representative has received information that	485
the boarding kennel is breeding dogs and may be subject to	486
licensure under this chapter and rules adopted under section	487
956.03 of the Revised Code.	488

(B) The director or the director's authorized representative	489
may do any of the following:	490

(1) Upon receiving a complaint, inspect a high volume breeder	491
that is subject to licensure under this chapter and rules adopted	492
under section 956.03 of the Revised Code to ensure compliance with	493
this chapter and rules adopted under it;	494

(2) Upon the request of a member of the public, a public	495
official, or an animal shelter for dogs, inspect any facility at	496
which a person is acting as or performing the functions of a dog	497
retailer to ensure such compliance;	498

(3) Upon receiving a complaint, inspect an animal rescue for	499
dogs to ensure compliance with section 956.06 of the Revised Code	500
and applicable rules adopted under section 956.03 of the Revised	501
Code;	502

(4) Conduct an inspection under this section during regular	503
business hours without providing notice in advance.	504

(C) Inspections shall be conducted in accordance with rules	505
adopted under section 956.03 of the Revised Code. A record of each	506
inspection shall be made by the director or the director's	507
authorized representative who is responsible for the inspection in	508
accordance with those rules.	509

(D) The director or the director's authorized representative,	510
upon proper identification and upon stating the purpose and	511
necessity of an inspection, may enter at reasonable times on any	512
public or private property, real or personal, to inspect or	513
investigate and to examine or copy records in order to determine	514
compliance with this chapter and rules adopted under it. The	515
director, the director's authorized representative, or the	516
attorney general upon the request of the director may apply to the	517
appropriate court in the county in which inspection will occur for	518
an appropriate court order or search warrant as necessary to	519
achieve the purposes of this chapter and rules adopted under it.	520

(E) No owner or operator of a high volume breeder, person	521
acting as or performing the functions of a dog retailer, owner or	522
operator of a boarding kennel, or owner or operator of an animal	523
rescue for dogs shall interfere with an inspection or refuse to	524
allow the director or the director's authorized representative	525
full access to all areas where dogs are kept or cared for. If	526
entry is refused or inspection or investigation is refused,	527
hindered, or thwarted by a high volume breeder or dog retailer,	528
the director may suspend or revoke the breeder's or retailer's	529
license in accordance with this chapter.	530

(F)(1) The director may enter into a contract or agreement	531
with a veterinarian to conduct inspections under this section. The	532
veterinarian shall be considered the director's authorized	533
representative for the purposes of this section.	534

(2) A veterinarian with whom the director has entered into a	535
contract or agreement under division (F)(1) of this section may	536
inspect a high volume breeder with whom the veterinarian has	537
established a veterinary-client-patient relationship as described	538
in section 4741.04 of the Revised Code only every other year.	539

(3) If the director determines that a veterinarian with whom	540
the director has entered into a contract or agreement under	541
division (F)(1) of this section has falsified any information	542
submitted to the director pursuant to an inspection, the director	543
shall inform the veterinary medical licensing board created by	544
Chapter 4741. of the Revised Code of the falsification.	545

(G) If entry that is authorized by division (D) of this	546
section is refused or if an inspection or investigation is	547
refused, hindered, or thwarted by intimidation or otherwise and if	548
the director, an authorized representative of the director, or the	549
attorney general applies for and obtains a court order or a search	550
warrant under division (D) of this section to conduct the	551
inspection or investigation, the owner or operator of the premises	552
where entry was refused or inspection or investigation was	553
refused, hindered, or thwarted, if found guilty of violating this	554
chapter or rules adopted under it, is liable to the director for	555
the reasonable costs incurred by the director for the regular	556
salaries and fringe benefit costs of personnel assigned to conduct	557
the inspection or investigation from the time the court order or	558
search warrant was issued until the court order or search warrant	559
is executed; for the salary, fringe benefits, and travel expenses	560
of the director, an authorized representative of the director, or	561
the attorney general incurred in obtaining the court order or	562
search warrant; and for expenses necessarily incurred for the	563
assistance of local law enforcement officers in executing the	564
court order or search warrant. In the application for a court	565
order or a search warrant, the director, the director's authorized	566
representative, or the attorney general may request and the court,	567
in its order granting the court order or search warrant, may order	568
the owner or operator of the premises, if found guilty of	569
violating this chapter or rules adopted under it, to reimburse the	570
director for any of those costs that the court finds reasonable.	571
From money recovered under this division, the director shall	572
reimburse the attorney general for the costs incurred by the	573
attorney general in connection with proceedings for obtaining the	574
court order or search warrant, shall reimburse the political	575
subdivision in which the premises is located for the assistance of	576
its law enforcement officers in executing the court order or	577
search warrant, and shall deposit the remainder in the state	578
treasury to the credit of the high volume breeder kennel control	579
license fund created in section 956.18 of the Revised Code.	580

(H) A dog warden appointed under Chapter 955. of the Revised	581
Code or an agent of a humane society entering on public or private	582
property to make investigations and inspections in accordance with	583
Chapter 955. or 1717. of the Revised Code, as applicable, shall	584
report any violations of this chapter and rules adopted under it	585
to the director or the director's authorized representative.	586

Sec. 956.11. (A) The director of agriculture may enter into	587
contracts or agreements with an animal rescue for dogs, an animal	588
shelter for dogs, a boarding kennel, a veterinarian, a board of	589
county commissioners, or a humane society for the purposes of this	590
section.	591

(B)(1) If the director or the director's authorized	592
representative determines that a dog is being kept by a high	593
volume breeder or dog retailer in a manner that materially	594
violates this chapter or rules adopted under it, the director may	595
impound the dog and order it to be seized by an animal rescue for	596
dogs, an animal shelter for dogs, a boarding kennel, a	597
veterinarian, a board of county commissioners, or a humane society	598
with which the director has entered into a contract or agreement	599
under division (A) of this section. Upon receiving the order from	600
the director, the animal rescue for dogs, animal shelter for dogs,	601
boarding kennel, veterinarian, board of county commissioners, or	602
humane society shall seize the dog and keep, house, and maintain	603
it.	604

(2) The director or the director's authorized representative	605
shall give written notice of the impoundment by posting a notice	606
on the door of the premises from which the dog was taken or by	607
otherwise posting the notice in a conspicuous place at the	608
premises from which the dog was taken. The notice shall provide a	609
date for an adjudication hearing, which shall take place not later	610
than five business days after the dog is taken and at which the	611
director shall determine if the dog should be permanently	612
relinquished to the custody of the director.	613

(C) The owner or operator of the applicable high volume	614
breeder or the person acting as or performing the functions of a	615
dog retailer may appeal the determination made at the adjudication	616
hearing in accordance with section 119.12 of the Revised Code,	617
except that the appeal may be made only to the environmental	618
division of the Franklin county municipal court.	619

(D) If, after the final disposition of an adjudication	620
hearing and any appeals from that adjudication hearing, it is	621
determined that a dog shall be permanently relinquished to the	622
custody of the director, the dog may be adopted directly from the	623
animal rescue for dogs, animal shelter for dogs, boarding kennel,	624
veterinarian, county dog pound, or humane society where it is	625
being kept, housed, and maintained, provided that the dog has been	626
spayed or neutered unless there are medical reasons against	627
spaying or neutering as determined by a veterinarian. The animal	628
rescue for dogs, animal shelter for dogs, boarding kennel,	629
veterinarian, county dog pound, or humane society may charge a	630
reasonable adoption fee. The fee shall be at least sufficient to	631
cover the costs of spaying or neutering the dog unless it is	632
medically contraindicated. Impounded dogs shall be returned to	633
persons acquitted of any alleged violations.	634

Sec. 956.12.  If the director of agriculture or the	635
director's authorized representative determines that a person has	636
violated or is violating this chapter or rules adopted under it,	637
the director may issue and cause to be served by certified mail or	638
personal service a citation of violation and an order requiring	639
the person to cease the acts or practices that constitute a	640
violation of this chapter or rules adopted under it or requiring	641
the person to take corrective actions to eliminate the conditions	642
that constitute a violation of this chapter and rules adopted	643
under it. The order shall state specifically the provision or	644
provisions of this chapter or the rule or rules adopted under this	645
chapter that have been violated and the facts constituting the	646
violation, the actions that the person must take to correct the	647
deficiencies, and the time period within which the person must	648
correct the violations.	649

Sec. 956.13.  (A) The director of agriculture may assess a	650
civil penalty against a person violating this chapter or rules	651
adopted under it if all of the following occur:	652

(1) The person has received an order and been notified of the	653
violation by certified mail or personal service as required in	654
section 956.12 of the Revised Code.	655

(2) After the time period for correcting the violation	656
specified in the order has elapsed, the director or the director's	657
authorized representative has inspected the premises where the	658
violation has occurred and determined that the violation has not	659
been corrected, and the director has issued a notice of an	660
adjudication hearing pursuant to division (A)(3) of this section.	661

(3) The director affords the person an opportunity for an	662
adjudication hearing under Chapter 119. of the Revised Code to	663
challenge the director's determination that the person is not in	664
compliance with this chapter or rules adopted under it, the	665
imposition of the civil penalty, or both. A person may waive the	666
opportunity for an adjudication hearing.	667

(B) If the opportunity for an adjudication hearing is waived	668
or if, after an adjudication hearing, the director determines that	669
a violation of this chapter or a rule adopted under it has	670
occurred or is occurring, the director may assess a civil penalty.	671
The civil penalty may be appealed in accordance with section	672
119.12 of the Revised Code, except that the civil penalty may be	673
appealed only to the environmental division of the Franklin county	674
municipal court.	675

(C) Civil penalties shall be assessed in the following	676
amounts:	677

(1) A person who has violated division (A)(1) of section	678
956.04 or division (A)(1) of section 956.05 of the Revised Code	679
shall pay a civil penalty in an amount that is established in	680
rules adopted under section 956.03 of the Revised Code.	681

(2) A person who has violated any other provision of this	682
chapter or rules adopted under it shall pay a civil penalty of one	683
hundred dollars.	684

Each day that a violation continues constitutes a separate	685
violation.	686

Sec. 956.14. The attorney general, upon the request of the	687
director of agriculture, may bring an action for injunction	688
against a person who has violated or is violating this chapter,	689
rules adopted under it, or an order issued under section 956.12 of	690
the Revised Code. An action for injunction shall be filed in the	691
appropriate court in the county in which the violation is alleged	692
to have occurred. The court shall grant such injunctive relief	693
upon a showing that the person against whom the action is brought	694
has violated or is violating this chapter, rules adopted under it,	695
or an order issued under it. The court shall give precedence to	696
such an action over all other cases.	697

Sec. 956.15.  (A) The director of agriculture shall deny an	698
application for a license that is submitted under section 956.04	699
or 956.05 of the Revised Code for either of the following reasons:	700

(1) The applicant for the license has violated any provision	701
of this chapter or a rule adopted under it if the violation	702
materially threatens the health or welfare of a dog.	703

(2) The applicant, in the past twenty years, has been	704
convicted of or pleaded guilty to violating section 959.01,	705
959.02, 959.03, 959.13, 959.131, 959.15, or 959.16 of the Revised	706
Code or an equivalent municipal ordinance, law of another state,	707
or law of the federal government or, in the past twenty years, has	708
been convicted of or pleaded guilty to violating more than once	709
section 2919.25 of the Revised Code or an equivalent municipal	710
ordinance, law of another state, or law of the federal government.	711

(B) The director may suspend or revoke a license issued under	712
this chapter for violation of any provision of this chapter or a	713
rule adopted or order issued under it if the violation materially	714
threatens the health and welfare of a dog.	715

(C) An application or a license shall not be denied,	716
suspended, or revoked under this section without a written order	717
of the director stating the findings on which the denial,	718
suspension, or revocation is based. A copy of the order shall be	719
sent to the applicant or license holder by certified mail or may	720
be provided to the applicant or license holder by personal	721
service. In addition, the person to whom a denial, suspension, or	722
revocation applies may request an adjudication hearing under	723
Chapter 119. of the Revised Code. The director shall comply with	724
such a request. The determination of the director at an	725
adjudication hearing may be appealed in accordance with section	726
119.12 of the Revised Code, except that the determination may be	727
appealed only to the environmental division of the Franklin county	728
municipal court.	729

Sec. 956.16.  The director of agriculture, the director's	730
authorized representative, or the attorney general may require the	731
attendance of witnesses and the production of books, records,	732
papers, and dogs that are needed either by the director or the	733
attorney general or by any party to a hearing before the director	734
and for that purpose may issue a subpoena for any witness or a	735
subpoena duces tecum to compel the production of any books,	736
records, papers, or dogs. The subpoena shall be served by personal	737
service or by certified mail. If the subpoena is returned because	738
of inability to deliver, or if no return is received within thirty	739
days after the date of mailing, the subpoena may be served by	740
ordinary mail. If no return of ordinary mail is received within	741
thirty days after the date of mailing, service shall be deemed to	742
have been made. If the subpoena is returned because of inability	743
to deliver, the director or the attorney general may designate a	744
person or persons to effect either personal or residence service	745
on the witness. The person designated to effect personal or	746
residence service under this section may be the sheriff of the	747
county in which the witness resides or may be found or any other	748
duly designated person. The fees and mileage of the person serving	749
the subpoena shall be the same as those allowed by the courts of	750
common pleas in criminal cases and shall be paid from the funds of	751
the department of agriculture. Fees and mileage for the witness	752
shall be the same as those allowed for witnesses by the courts of	753
common pleas in criminal cases and, upon request of the witness	754
following the hearing, shall be paid from the money in the high	755
volume breeder kennel control license fund created in section	756
956.18 of the Revised Code.	757

Sec. 956.17.  (A) There is hereby created the commercial dog	758
breeding advisory board consisting of all of the following	759
members:	760

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

761

(2) The following six members appointed by the governor, with	762
the advice and consent of the senate:	763

(a) One member representing a humane society;

764

(b) One member who is a county dog warden;

765

(c) One member who is a veterinarian;

766

(d) One member representing animal rescues for dogs in this	767
state;	768

(e) One member who is a member of a professional dog breeding	769
association in this state;	770

(f) One member representing the public.

771

Initial appointments to the board shall be made not later	772
than sixty days after the effective date of this section. Of the	773
initial appointments, two shall be for one-year terms, two shall	774
be for two-year terms, and two shall be for three-year terms.	775
Thereafter, terms of office of appointed members shall be three	776
years, with each term ending on the same day of the same month as	777
did the term that it succeeds. Each member shall hold office from	778
the date of appointment until the end of the term for which the	779
member was appointed. Members may be reappointed. Vacancies shall	780
be filled in the manner provided for the original appointments.	781
Any member appointed to fill a vacancy occurring before the	782
expiration date of the term for which the member's predecessor was	783
appointed shall hold office for the remainder of the term. A	784
member shall continue in office subsequent to the expiration date	785
of the member's term until the member's successor takes office or	786
until a period of sixty days has elapsed, whichever occurs first.	787

(B) The director of agriculture shall select a chairperson	788
from among the board's members. A majority of the members of the	789
board constitutes a quorum. The board shall meet at least four	790
times a year in Columbus or at other locations selected by the	791
chairperson. The chairperson shall determine the agenda for each	792
meeting of the board.	793

Members of the board shall serve without compensation for	794
attending board meetings. Members of the board shall be reimbursed	795
for their actual and necessary expenses incurred in the	796
performance of official duties as members of the board.	797

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

798

(1) Review rules that have been or are proposed to be adopted	799
under section 956.03 of the Revised Code;	800

(2) Advise the director on the administration of this chapter	801
and rules adopted under it.	802

Sec. 956.18. (A) All money collected by the director of	803
agriculture from license fees under section 956.08 and civil	804
penalties assessed under section 956.13 of the Revised Code shall	805
be deposited in the state treasury to the credit of the high	806
volume breeder kennel control license fund, which is hereby	807
created. The fund shall also consist of money appropriated to it.	808

(B) No money may be released from the fund without	809
controlling board approval. The director shall request the	810
controlling board to release money in an amount not to exceed two	811
million five hundred thousand dollars per biennium.	812

(C) The director shall use the money in the fund for the	813
purpose of administering this chapter and rules adopted under it.	814

Sec. 1901.183.  In addition to jurisdiction otherwise granted	815
in this chapter, the environmental division of a municipal court	816
shall have jurisdiction within its territory in all of the	817
following actions or proceedings and to perform all of the	818
following functions:	819

(A) Notwithstanding any monetary limitations in section	820
1901.17 of the Revised Code, in all actions and proceedings for	821
the sale of real or personal property under lien of a judgment of	822
the environmental division of the municipal court, or a lien for	823
machinery, material, fuel furnished, or labor performed,	824
irrespective of amount, and, in those cases, the environmental	825
division may proceed to foreclose and marshal all liens and all	826
vested or contingent rights, to appoint a receiver, and to render	827
personal judgment irrespective of amount in favor of any party;	828

(B) When in aid of execution of a judgment of the	829
environmental division of the municipal court, in all actions for	830
the foreclosure of a mortgage on real property given to secure the	831
payment of money, or the enforcement of a specific lien for money	832
or other encumbrance or charge on real property, when the real	833
property is situated within the territory, and, in those cases,	834
the environmental division may proceed to foreclose all liens and	835
all vested and contingent rights and proceed to render judgments,	836
and make findings and orders, between the parties, in the same	837
manner and to the same extent as in similar cases in the court of	838
common pleas;	839

(C) When in aid of execution of a judgment of the	840
environmental division of the municipal court, in all actions for	841
the recovery of real property situated within the territory to the	842
same extent as courts of common pleas have jurisdiction;	843

(D) In all actions for injunction to prevent or terminate	844
violations of the ordinances and regulations of any municipal	845
corporation within its territory enacted or promulgated under the	846
police power of that municipal corporation pursuant to Section 3	847
of Article XVIII, Ohio Constitution, over which the court of	848
common pleas has or may have jurisdiction, and, in those cases,	849
the environmental division of the municipal court may proceed to	850
render judgments, and make findings and orders, in the same manner	851
and to the same extent as in similar cases in the court of common	852
pleas;	853

(E) In all actions for injunction to prevent or terminate	854
violations of the resolutions and regulations of any political	855
subdivision within its territory enacted or promulgated under the	856
power of that political subdivision pursuant to Article X of the	857
Ohio Constitution, over which the court of common pleas has or may	858
have jurisdiction, and, in those cases, the environmental division	859
of the municipal court may proceed to render judgments, and make	860
findings and orders, in the same manner and to the same extent as	861
in similar cases in the court of common pleas;	862

(F) In any civil action to enforce any provision of Chapter	863
3704., 3714., 3734., 3737., 3767., or 6111. of the Revised Code	864
over which the court of common pleas has or may have jurisdiction,	865
and, in those actions, the environmental division of the municipal	866
court may proceed to render judgments, and make findings and	867
orders, in the same manner and to the same extent as in similar	868
actions in the court of common pleas;	869

(G) In all actions and proceedings in the nature of	870
creditors' bills, and in aid of execution to subject the interests	871
of a judgment debtor in real or personal property to the payment	872
of a judgment of the division, and, in those actions and	873
proceedings, the environmental division may proceed to marshal and	874
foreclose all liens on the property irrespective of the amount of	875
the lien, and all vested or contingent rights in the property;	876

(H) Concurrent jurisdiction with the court of common pleas of	877
all criminal actions or proceedings related to the pollution of	878
the air, ground, or water within the territory of the	879
environmental division of the municipal court, for which a	880
sentence of death cannot be imposed under Chapter 2903. of the	881
Revised Code;	882

(I) In any review or appeal of any final order of any	883
administrative officer, agency, board, department, tribunal,	884
commission, or other instrumentality that relates to a local	885
building, housing, air pollution, sanitation, health, fire,	886
zoning, or safety code, ordinance, or regulation, in the same	887
manner and to the same extent as in similar appeals in the court	888
of common pleas;	889

(J) With respect to the environmental division of the	890
Franklin county municipal court, to hear appeals from adjudication	891
hearings conducted under Chapter 956. of the Revised Code.	892

Section 2.  That existing sections 955.02, 955.10, 955.12,	893
955.20, 955.26, and 1901.183 of the Revised Code are hereby	894
repealed.	895

Section 3. It is the intent of the General Assembly to	896
appropriate money to the High Volume Breeder Kennel Control	897
License Fund created in section 956.18 of the Revised Code to	898
enable the Director of Agriculture to begin administering Chapter	899
956. of the Revised Code and rules adopted under it.	900