S. B. No. 310 As Introduced

As Introduced

129th General Assembly

Regular Session

2011-2012

S. B. No. 310

Senator Balderson

Cosponsor: Senator Jones

A BILL

To amend section 1533.71, to enact sections 935.01 to

935.26 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	6
935.01, 935.02, 935.03, 935.04, 935.05, 935.06, 935.07, 935.08,	7
935.09, 935.10, 935.11, 935.12, 935.13, 935.14, 935.15, 935.16,	8
935.17, 935.18, 935.19, 935.20, 935.21, 935.22, 935.23, 935.24,	9
935.25, 935.26, and 935.99 of the Revised Code be enacted to read	10
as follows:	11

Sec. 935.01. As used in this chapter:

(A) "Board of health" means the board of health of a city or	13
general health district or the authority having the duties of a	14
board of health in any city authorized by section 3709.05 of the	15
Revised Code.	16

(B) "Circus" means a traveling show to which all of the	17
following apply:	18

(1) It is licensed by the United States department of	19
agriculture under 84 Stat. 1560 (1970), 7 U.S.C. 2133 et seq.	20

(2) It features natural or artificial curiosities and	21
dangerous wild animals, restricted snakes, or both as an integral	22
part of the show.	23

(3) It does not allow physical contact between the public and	24
the dangerous wild animals or restricted snakes possessed by it.	25

(4) It is in the state for less than forty-five days each	26
year.	27

(C) "Dangerous wild animal" means any of the following,	28
including hybrids unless otherwise specified:	29

(1) Hyenas;

(2) Gray wolves, excluding hybrids;

(3) Lions;

(4) Tigers;

(5) Jaguars;

(6) Leopards, including clouded leopards, Sunda clouded	35
leopards, and snow leopards;	36

(7) All of the following, including hybrids with domestic	37
cats:	38

(a) Cheetahs;

(b) Lynxes, including Canadian lynxes, Eurasian lynxes, and	40
Iberian lynxes;	41

(d) Caracals;

(e) Servals.

(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 the nonhuman primates	56
specified in division (C)(20) of this section;	57

(20) All of the following nonhuman primates:

(a) Golden lion, black-faced lion, golden-rumped lion,	59
cotton-top, emperor, saddlebacked, black-mantled, and Geoffroy's	60
tamarins;	61

(b) Pygmy, white-tufted-ear, silvery, and black-pencilled	62
marmosets;	63

(c) Squirrel monkeys, including Central American squirrel	64
monkeys;	65

(d) Southern and northern night monkeys;

(e) Dusky titi and masked titi monkeys;

(f) Muriquis;

(g) Goeldi's monkeys;

(h) Brown, white-faced, weeping, and white-fronted capuchins;

(i) White-faced, black-bearded, white-nose bearded, and monk	71
sakis;	72

(j) Bald and black uakaris;

(k) Black-handed, white-bellied, brown-headed, and black	74
spider monkeys;	75

(l) Common woolly monkeys;

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

(21) Any other animals designated by the director of	78
agriculture in rules.	79

(D) "Federal animal welfare act" has the same meaning as in	80
section 959.131 of the Revised Code.	81

(E) "Felony drug abuse offense" has the same meaning as in	82
section 2925.01 of the Revised Code.	83

(F) "Health district" means a city or general health district	84
created by or under the authority of Chapter 3709. of the Revised	85
Code.	86

(G) "Humane society" means an organization that is organized	87
under section 1717.05 of the Revised Code.	88

(H) "Law enforcement officer" means a sheriff, deputy	89
sheriff, constable, police officer of a township or joint police	90
district, marshal, deputy marshal, municipal police officer, or	91
state highway patrol trooper.	92

(I) "Natural resources law enforcement officers" means peace	93
officers as specified in division (A)(6) of section 109.71 of the	94
Revised Code and employees of the division of wildlife specified	95
in sections 1531.13 and 1531.14 of the Revised Code.	96

(J) "Offense of violence" has the same meaning as in section	97
2901.01 of the Revised Code.	98

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

(1) All of the following constricting snakes:

100

(a) Green anacondas;

101

(b) Yellow anacondas;

102

103

(d) Indian pythons;

104

(e) Burmese pythons;

105

(f) North African rock pythons;

106

(g) South African rock pythons;

107

(h) Amethystine pythons;

108

(i) Boa constrictors.

109

(2) Species of the following families:

110

(a) Atractaspididae;

111

(b) Elapidae;

112

113

(3) Boomslang snakes;

114

(4) Twig snakes;

115

(5) Any other snakes designated by the director in rules.

116

(L) "Rule" means a rule adopted under section 935.17 of the	117
Revised Code.	118

(M) "Veterinarian" means a person who is licensed under	119
Chapter 4741. of the Revised Code.	120

(N) "Wildlife sanctuary" means a nonprofit organization as	121
described in section 170 of the "Internal Revenue Code of 1986,"	122
100 Stat. 2085, 26 U.S.C. 170, as amended, that is accredited or	123
verified by the global federation of animal sanctuaries, that	124
operates a place of refuge where abused, neglected, unwanted,	125
impounded, abandoned, orphaned, or displaced dangerous wild	126
animals or restricted snakes are provided care for their lifetime	127
or released back to their natural habitat, and, with respect to an	128
animal or snake possessed by the organization, that does not do	129
any of the following:	130

(1) Use the animal or snake for any type of entertainment or	131
in a traveling exhibit;	132

(2) Sell, trade, or barter the animal or snake or the	133
animal's or snake's body parts;	134

(3) Use the animal or snake in any manner for profit;

135

(4) Breed the animal or snake;

136

(5) Allow the public the opportunity to come into contact	137
with the animal or snake.	138

Sec. 935.02. (A) No person shall possess a dangerous wild	139
animal on or after January 1, 2014.	140

(B) Except as provided in division (G)(1) of section 935.06	141
of the Revised Code, no person shall acquire, buy, sell, trade, or	142
transfer possession or ownership of a dangerous wild animal on or	143
after the effective date of this section.	144

Sec. 935.03. (A) Division (A) of section 935.02 of the	145
Revised Code does not apply to a person whose possession of a	146
dangerous wild animal is authorized by an unexpired permit issued	147
under this chapter.	148

(B) This chapter does not apply to any of the following:

149

(1) A facility that is an accredited member of the	150
association of zoos and aquariums or the zoological association of	151
America and that is licensed by the United States department of	152
agriculture;	153

(2) A research facility as defined in the federal animal	154
welfare act;	155

(3) A circus;

156

(4) A wildlife rehabilitation facility that is issued a	157
permit by the chief of the division of wildlife in rules adopted	158
under section 1531.08 of the Revised Code and that rehabilitates	159
dangerous wild animals or restricted snakes that are native to the	160
state for the purpose of reintroduction into the wild;	161

(5) A veterinarian that is providing temporary veterinary	162
care to a dangerous wild animal or restricted snake;	163

(6) A wildlife sanctuary;

164

(7) An individual who does not reside in this state, is	165
traveling through this state with a dangerous wild animal or	166
restricted snake, and does all of the following:	167

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

168

(b) Confines the animal or snake in a cage that is not	169
accessible to the public;	170

171

(d) Is in the state not more than forty-eight hours unless	172
the animal or snake is receiving veterinary care.	173

(8) An educational institution that displays a single	174
dangerous wild animal as a sports mascot and that meets all of the	175
following criteria:	176

(a) An official of the educational institution has submitted	177
an affidavit attesting that the institution will care for the	178
animal as long as the animal lives and in a facility that is an	179
accredited member of the association of zoos and aquariums or the	180
zoological association of America.	181

(b) The educational institution maintains a liability	182
insurance policy with an insurer authorized or approved to write	183
such insurance in this state that covers claims for injury or	184
damage to persons or property caused by a dangerous wild animal.	185
The amount of the insurance coverage shall be not less than one	186
million dollars.	187

(c) During display and transport, the educational institution	188
confines the dangerous wild animal in a cage that does not permit	189
physical contact between the animal and the public.	190

(d) The educational institution began displaying a dangerous	191
wild animal as a mascot prior to the effective date of this	192
section.	193

(9) Any person who has been issued a permit under section	194
1533.08 of the Revised Code;	195

(10) Any person authorized to possess a dangerous wild animal	196
or restricted snake under section 1531.25 of the Revised Code or	197
rules adopted under it.	198

Sec. 935.04. (A) A person that possesses a dangerous wild	199
animal on the effective date of this section shall register the	200
animal with the director of agriculture in accordance with this	201
section not later than sixty days after the effective date of this	202
section.	203

(B) A person shall register a dangerous wild animal on a form	204
prescribed and provided by the director. The form shall include	205
all of the following:	206

(1) The name, address, social security number, and federal	207
employer identification number, if applicable, of the person	208
registering the dangerous wild animal;	209

(2) If different from the information provided under division	210
(B)(1) of this section, the name and address of the location where	211
the dangerous wild animal is confined;	212

(3) A description of the dangerous wild animal, including the	213
scientific and common names of the animal, the name that the	214
person has given the animal, the animal's sex, age, color, and	215
weight, and any distinguishing marks or coloration that would aid	216
in the identification of the animal;	217

(4) The name, address, and telephone number of the	218
veterinarian that provides veterinary care to the dangerous wild	219
animal;	220

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

221

(C) Beginning ninety days after the director adopts rules	222
under division (A) of section 935.17 of the Revised Code, a person	223
that has registered a dangerous wild animal under this section	224
shall comply with the applicable requirements regarding the care	225
and housing of dangerous wild animals established in those rules.	226

(D) A person that registers a dangerous wild animal under	227
this section shall have permanently implanted in the dangerous	228
wild animal a microchip at the time of registration. The microchip	229
shall have an identification number that is unique to the	230
microchip. In addition, the microchip shall contain a passive	231
integrated transponder, which shall have a frequency of one	232
hundred twenty-five, one hundred thirty-four and two-tenths, or	233
four hundred kilohertz.	234

(E) A person that possesses a registered dangerous wild	235
animal on October 1, 2013, and that wishes to continue to possess	236
the dangerous wild animal on and after January 1, 2014, shall	237
obtain a wildlife shelter permit issued under section 935.06 of	238
the Revised Code or a wildlife propagation permit issued under	239
section 935.07 of the Revised Code.	240

Sec. 935.05. (A) A person that possesses a registered	241
dangerous wild animal in this state on October 1, 2013, that	242
wishes to continue to possess the dangerous wild animal on and	243
after January 1, 2014, and that does not intend to propagate the	244
animal shall apply for a wildlife shelter permit under this	245
section.	246

(B) An applicant for a wildlife shelter permit shall file an	247
application for a permit with the director of agriculture on a	248
form prescribed and provided by the director. An applicant need	249
apply for only one permit regardless of the number of dangerous	250
wild animals that the applicant possesses. The application shall	251
include all of the following:	252

(1) The name, date of birth, address, social security number,	253
and federal employer identification number, if applicable, of the	254
applicant;	255

(2) If different from the information provided under division	256
(B)(1) of this section, the name and address of the location where	257
each dangerous wild animal will be confined;	258

(3) A description of each dangerous wild animal, including	259
the scientific and common names, the name that the applicant has	260
given the animal, the animal's sex, age, color, and weight, and	261
any distinguishing marks or coloration that would aid in the	262
identification of the animal;	263

(4) The identification number of the microchip that is	264
implanted in each dangerous wild animal and the frequency of the	265
passive integrated transponder contained in the microchip as	266
required in section 935.04 of the Revised Code;	267

(5) Proof of liability insurance, including the name of the	268
insurance company and the policy number, as required in division	269
(D) of this section;	270

(6) Except as otherwise provided in this section, proof that	271
the applicant has at least two years of experience in the care of	272
the species of dangerous wild animal or animals that are the	273
subject of the application. If an applicant cannot provide such	274
proof, the applicant shall pass a written examination regarding	275
the care of dangerous wild animals that is established and	276
administered in accordance with rules.	277

(7) A plan of action to be undertaken if a dangerous wild	278
animal escapes;	279

(8) Proof that the applicant has established a	280
veterinarian-client relationship as described in section 4741.04	281
of the Revised Code with regard to each dangerous wild animal;	282

(9) Any additional information required in rules.

283

An applicant shall submit a copy of the plan of action	284
required in division (B)(7) of this section to the sheriff of the	285
county and to the chief law enforcement officer of the township or	286
municipal corporation having jurisdiction where the dangerous wild	287
animal or animals are confined.	288

(C) An applicant shall submit one of the following fees, as	289
applicable, with an application:	290

(1) Five hundred dollars if the applicant possesses not more	291
than three dangerous wild animals;	292

(2) One thousand dollars if the applicant possesses at least	293
four, but not more than fifteen dangerous wild animals;	294

(3) Two thousand dollars if the applicant possesses sixteen	295
or more dangerous wild animals.	296

(D) An applicant shall obtain and maintain a liability	297
insurance policy with an insurer authorized or approved to write	298
such insurance in this state that covers claims for injury or	299
damage to persons or property caused by a dangerous wild animal	300
possessed by the applicant. The amount of the insurance coverage	301
shall be one of the following, as applicable:	302

(1) Two hundred fifty thousand dollars if the applicant	303
possesses not more than five dangerous wild animals;	304

(2) Five hundred thousand dollars if the applicant possesses	305
at least six, but not more than fifteen dangerous wild animals;	306

(3) One million dollars if the applicant possesses sixteen or	307
more dangerous wild animals.	308

Sec. 935.06. (A) Not later than ninety days after receipt of	309
an application under section 935.05 of the Revised Code, the	310
director of agriculture shall issue or deny a wildlife shelter	311
permit. The director shall issue a permit to an applicant only if	312
all of the following apply:	313

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

314

(2) The applicant has registered the dangerous wild animal or	315
animals that are the subject of the application under section	316
935.04 of the Revised Code.	317

(3) The applicant is in compliance with the standards of care	318
established in rules adopted under division (A)(2) of section	319
935.17 of the Revised Code.	320

(4) The applicant has neutered each male dangerous wild	321
animal that is possessed by the applicant.	322

(5) If an applicant possesses only one or more dangerous wild	323
animals specified in division (C)(20) of section 935.01 of the	324
Revised Code, the applicant has been issued a class A or class B	325
license by the United States department of agriculture pursuant to	326
the federal animal welfare act.	327

(6) The applicant has signed an affidavit attesting that the	328
applicant will not allow members of the public to be in physical	329
contact with a dangerous wild animal possessed by the applicant.	330

(7) The applicant has not been convicted of or pleaded guilty	331
to a felony drug abuse offense, an offense of violence that is a	332
felony, or a violation of section 959.13 or 959.131 of the Revised	333
Code or of section 2927.21 of the Revised Code as that section	334
existed prior to its repeal by S.B. ... of the 129th general	335
assembly, as determined by a criminal records check performed in	336
accordance with division (B) of this section.	337

(8) The facility at which a dangerous wild animal or	338
dangerous wild animals will be maintained under the permit	339
consists of at least one acre. Division (A)(8) of this section	340
applies only to dangerous wild animals specified in divisions	341
(C)(1) to (19) of section 935.01 of the Revised Code.	342

(9) The applicant has signed an affidavit attesting that the	343
facility at which a dangerous wild animal or dangerous wild	344
animals will be maintained under the permit and the conditions in	345
which each dangerous wild animal will be kept in that facility are	346
in compliance with this chapter and rules.	347

(10) The applicant has submitted a complete application that	348
meets the requirements established in section 935.05 of the	349
Revised Code.	350

(11) The applicant has submitted the applicable fee under	351
section 935.05 of the Revised Code.	352

If a permit is issued, the director shall assign a unique	353
identification number to the permit.	354

(B) Prior to issuing or denying a wildlife shelter permit,	355
the director shall submit a request to the bureau of criminal	356
identification and investigation in the office of the attorney	357
general for a criminal records check of the applicant for the	358
permit. Upon receipt of a request, the superintendent of the	359
bureau shall conduct a criminal records check in the manner	360
described in division (B) of section 109.572 of the Revised Code	361
to determine whether any information exists that indicates that	362
the applicant previously has been convicted of or pleaded guilty	363
to any of the following:	364

(1) A felony drug abuse offense;

365

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

366

(3) A violation of section 959.13 or 959.131 of the Revised	367
Code or of section 2927.21 of the Revised Code as that section	368
existed prior to its repeal by S.B. ... of the 129th general	369
assembly.	370

The applicant is responsible for paying all costs associated	371
with the criminal records check.	372

(C) If a permit application is denied, the permit application	373
fee shall be retained by the director as payment for the	374
reasonable expense of processing the application.	375

(D) Not later than the first day of December of each year, a	376
permit holder shall apply to the director, on a form prescribed	377
and provided by the director, for a renewal of the permit if the	378
permit holder intends to retain possession of the dangerous wild	379
animal or animals that are identified in the permit. Not later	380
than thirty days after receipt of an application for renewal, the	381
director shall renew or deny the renewal of the permit. The	382
director shall renew the permit if the permit holder complies with	383
this chapter and rules and pays a renewal fee in the same amount	384
as the fee established for the initial permit in section 935.05 of	385
the Revised Code. If a renewal permit is denied, the renewal fee	386
shall be retained by the director as payment for the reasonable	387
expense of processing the application.	388

(E) If the director denies an application for a permit or a	389
renewal of a permit, the director shall notify the person of the	390
denial, the grounds for the denial, and the person's right to an	391
adjudication under Chapter 119. of the Revised Code.	392

(F) If a person does not appeal the determination of the	393
director to deny an application for a permit or a renewal of a	394
permit or if the determination of the director is affirmed under	395
Chapter 119. of the Revised Code, not later than thirty days after	396
the decision not to appeal or after the determination is affirmed,	397
as applicable, the person shall transfer the dangerous wild animal	398
or animals that the person possesses to a humane society, wildlife	399
sanctuary, or facility that is an accredited member of either the	400
association of zoos and aquariums or the zoological association of	401
America. After the transfer has occurred, the person shall submit	402
proof to the director that the dangerous wild animal or animals	403
were transferred and shall specify the society, sanctuary, or	404
facility to which the animal or animals were transferred.	405

The person is responsible for all costs associated with the	406
transfer of the dangerous wild animal or animals.	407

(G) If a person that has been issued a wildlife shelter	408
permit under this section or a wildlife propagation permit under	409
section 935.07 of the Revised Code dies, the person's next of kin	410
shall do one of the following:	411

(1) If the next of kin wishes to possess the dangerous wild	412
animal or animals, obtain a wildlife shelter permit under this	413
section or a wildlife propagation permit under section 935.07 of	414
the Revised Code, as applicable. That next of kin shall comply	415
with this chapter and rules, except that, with respect to the next	416
of kin's initial permit, the person need not pay the applicable	417
permit application fee.	418

(2) Transfer the dangerous wild animal or animals that were	419
possessed by the deceased person in accordance with division (F)	420
of this section.	421

(H) All fees collected under this section shall be credited	422
to the dangerous and restricted animal fund created in section	423
935.25 of the Revised Code.	424

Sec. 935.07. (A) A person that possesses a registered	425
dangerous wild animal in this state on October 1, 2013, that	426
wishes to continue to possess the dangerous wild animal on and	427
after January 1, 2014, and that intends to propagate the animal	428
solely for the purposes of a species survival program that	429
complies with rules shall apply for a wildlife propagation permit	430
under this section. An applicant need apply for only one permit	431
regardless of the number of dangerous wild animals that the	432
applicant possesses.	433

(B) Except as otherwise provided in this section, an	434
applicant for a wildlife propagation permit shall comply with the	435
requirements and procedures established in sections 935.05 and	436
935.06 of the Revised Code. The application fee for a wildlife	437
propagation permit shall be one of the following, as applicable:	438

(1) One thousand dollars if the applicant possesses not more	439
than fifty dangerous wild animals;	440

(2) Three thousand dollars if the applicant possesses more	441
than fifty dangerous wild animals.	442

(C) The facility at which a dangerous wild animal or	443
dangerous wild animals will be maintained under a wildlife	444
propagation permit shall consist of at least two acres. Division	445
(C) of this section applies only to dangerous wild animals	446
specified in divisions (C)(1) to (19) of section 935.01 of the	447
Revised Code.	448

(D) All fees collected under this section shall be credited	449
to the dangerous and restricted animal fund created in section	450
935.25 of the Revised Code.	451

Sec. 935.08. (A)(1) A person that possesses a restricted	452
snake in this state prior to January 1, 2014, that wishes to	453
continue to possess the restricted snake on and after that date,	454
and that does not intend to propagate, sell, trade, or otherwise	455
transfer the snake shall obtain a restricted snake possession	456
permit under this section not later than January 1, 2014.	457

(2) A person that acquires a restricted snake in this state	458
on or after January 1, 2014, and that does not intend to	459
propagate, sell, trade, or otherwise transfer the snake shall	460
obtain a restricted snake possession permit under this section not	461
later than one hundred twenty days after acquiring the snake.	462

(3) An applicant need apply for only one permit regardless of	463
the number of restricted snakes that the applicant possesses.	464

(B) An applicant for a restricted snake possession permit	465
shall file an application for a permit with the director of	466
agriculture on a form prescribed and provided by the director. The	467
application shall include all of the following:	468

(1) The name, date of birth, address, social security number,	469
and federal employer identification number, if applicable, of the	470
applicant;	471

(2) If different from the information provided under division	472
(B)(1) of this section, the name and address of the location where	473
each restricted snake will be confined;	474

(3) A description of each restricted snake, including the	475
scientific and common names, the name that the applicant has given	476
the snake, the snake's sex, age, color, and weight, and any	477
distinguishing marks or coloration that would aid in the	478
identification of the snake;	479

(4) Proof of liability insurance, including the name of the	480
insurance company and the policy number, as required in division	481
(D) of this section;	482

(5) Except as otherwise provided in this section, proof that	483
the applicant has at least two years of experience in the care of	484
the species of restricted snake or snakes that are the subject of	485
the application. If an applicant cannot provide such proof, the	486
applicant shall pass a written examination regarding the care of	487
restricted snakes that is established and administered in	488
accordance with rules. The requirements of division (B)(5) of this	489
section do not apply with respect to a restricted snake specified	490
in division (K)(1) of section 935.01 of the Revised Code.	491

(6) A plan of action to be undertaken if a restricted snake	492
escapes;	493

(7) Proof that the applicant has established a	494
veterinarian-client relationship as described in section 4741.04	495
of the Revised Code with regard to each restricted snake;	496

(8) Any additional information required in rules.

497

An applicant shall submit a copy of the plan of action	498
required in division (B)(6) of this section to the sheriff of the	499
county and to the chief law enforcement officer of the township or	500
municipal corporation having jurisdiction where the restricted	501
snake or snakes are confined.	502

(C) An applicant shall submit one of the following fees, as	503
applicable, with an application:	504

(1) One hundred dollars if the applicant possesses not more	505
than three restricted snakes;	506

(2) Three hundred dollars if the applicant possesses at least	507
four, but not more than fifteen restricted snakes;	508

(3) Five hundred dollars if the applicant possesses sixteen	509
or more restricted snakes.	510

(D)(1) An applicant shall obtain and maintain a liability	511
insurance policy with an insurer authorized or approved to write	512
such insurance in this state that covers claims for injury or	513
damage to persons or property caused by a restricted snake	514
possessed by the applicant. Except as provided in division (D)(2)	515
of this section, the amount of the insurance coverage shall be one	516
of the following, as applicable:	517

(a) One hundred thousand dollars if the applicant possesses	518
not more than five restricted snakes;	519

(b) Two hundred fifty thousand dollars if the applicant	520
possesses at least six, but not more than fifteen restricted	521
snakes;	522

(c) Five hundred thousand dollars if the applicant possesses	523
sixteen or more restricted snakes.	524

(2) If an applicant possesses one or more restricted snakes	525
specified in division (K)(1)(i) of section 935.01 of the Revised	526
Code, but no other restricted snakes, the amount of the insurance	527
coverage shall be one of the following, as applicable:	528

(a) Five thousand dollars if the applicant possesses not more	529
than five such restricted snakes;	530

(b) Ten thousand dollars if the applicant possesses at least	531
six, but not more than fifteen such restricted snakes;	532

(c) Fifteen thousand dollars if the applicant possesses	533
sixteen or more such restricted snakes.	534

Sec. 935.09. (A) Not later than ninety days after receipt of	535
an application under section 935.08 of the Revised Code, the	536
director of agriculture shall issue or deny a restricted snake	537
possession permit. The director shall issue a permit to an	538
applicant only if all of the following apply:	539

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

540

(2) The applicant has signed an affidavit attesting that the	541
applicant will not allow members of the public to be in physical	542
contact with a restricted snake possessed by the applicant.	543

(3) The applicant has not been convicted of or pleaded guilty	544
to a felony drug abuse offense, an offense of violence that is a	545
felony, or a violation of section 959.13 or 959.131 of the Revised	546
Code or of section 2927.21 of the Revised Code as that section	547
existed prior to its repeal by S.B. ... of the 129th general	548
assembly, as determined by a criminal records check performed in	549
accordance with division (B) of this section.	550

(4) The applicant has signed an affidavit attesting that the	551
facility at which a restricted snake or snakes will be maintained	552
under the permit and the conditions in which each restricted snake	553
will be kept in that facility are in compliance with this chapter	554
and rules.	555

(5) The applicant has submitted a complete application that	556
meets the requirements established in section 935.08 of the	557
Revised Code.	558

(6) The applicant has submitted the applicable fee under	559
section 935.08 of the Revised Code.	560

If a permit is issued, the director shall assign a unique	561
identification number to the permit.	562

(B) Prior to issuing or denying a restricted snake possession	563
permit, the director shall submit a request to the bureau of	564
criminal identification and investigation in the office of the	565
attorney general for a criminal records check of the applicant for	566
the permit. Upon receipt of a request, the superintendent of the	567
bureau shall conduct a criminal records check in the manner	568
described in division (B) of section 109.572 of the Revised Code	569
to determine whether any information exists that indicates that	570
the applicant previously has been convicted of or pleaded guilty	571
to any of the following:	572

(1) A felony drug abuse offense;

573

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

574

(3) A violation of section 959.13 or 959.131 of the Revised	575
Code or of section 2927.21 of the Revised Code as that section	576
existed prior to its repeal by S.B. ... of the 129th general	577
assembly.	578

The applicant is responsible for paying all costs associated	579
with the criminal records check.	580

(C) If a permit application is denied, the permit application	581
fee shall be retained by the director as payment for the	582
reasonable expense of processing the application.	583

(D) Not later than the first day of December of each year, a	584
permit holder shall apply to the director, on a form prescribed	585
and provided by the director, for a renewal of the permit if the	586
permit holder intends to retain possession of the restricted snake	587
or snakes that are identified in the permit. Not later than thirty	588
days after receipt of an application for renewal, the director	589
shall renew or deny the renewal of the permit. The director shall	590
renew the permit if the permit holder complies with this chapter	591
and rules and pays a renewal fee in the same amount as the fee	592
established for the initial permit in section 935.08 of the	593
Revised Code. If a renewal permit is denied, the renewal fee shall	594
be retained by the director as payment for the reasonable expense	595
of processing the application.	596

(E) If the director denies an application for a permit or a	597
renewal of a permit, the director shall notify the person of the	598
denial, the grounds for the denial, and the person's right to an	599
adjudication under Chapter 119. of the Revised Code.	600

(F) If a person does not appeal the determination of the	601
director to deny an application for a permit or a renewal of a	602
permit or if the determination of the director is affirmed under	603
Chapter 119. of the Revised Code, not later than thirty days after	604
the decision not to appeal or after the determination is affirmed,	605
as applicable, the person shall transfer the restricted snake or	606
snakes that the person possesses to a humane society, wildlife	607
sanctuary, or facility that is an accredited member of either the	608
association of zoos and aquariums or the zoological association of	609
America. After the transfer has occurred, the person shall submit	610
proof to the director that the restricted snake or snakes were	611
transferred and shall specify the society, sanctuary, or facility	612
to which the snake or snakes were transferred.	613

The person is responsible for all costs associated with the	614
transfer of the restricted snake or snakes.	615

(G) If a person that has been issued a restricted snake	616
possession permit under this section or a restricted snake	617
propagation permit under section 935.10 of the Revised Code dies,	618
the person's next of kin shall do one of the following:	619

(1) If the next of kin wishes to possess the restricted snake	620
or snakes, obtain a restricted snake possession permit under this	621
section or a restricted snake propagation permit under section	622
935.10 of the Revised Code, as applicable. That next of kin shall	623
comply with this chapter and rules, except that, with respect to	624
the next of kin's initial permit, the person need not pay the	625
applicable permit application fee.	626

(2) Transfer the restricted snake or snakes that were	627
possessed by the deceased person in accordance with division (F)	628
of this section.	629

(H) All fees collected under this section shall be credited	630
to the dangerous and restricted animal fund created in section	631
935.25 of the Revised Code.	632

Sec. 935.10. (A)(1) A person that possesses a restricted	633
snake in this state prior to January 1, 2014, that wishes to	634
continue to possess the restricted snake on and after that date,	635
and that intends to propagate, sell, trade, or otherwise transfer	636
the snake shall obtain a restricted snake propagation permit under	637
this section not later than January 1, 2014.	638

(2) A person that acquires a restricted snake in this state	639
on or after January 1, 2014, and that intends to propagate, sell,	640
trade, or otherwise transfer the snake shall obtain a restricted	641
snake propagation permit under this section not later than one	642
hundred twenty days after acquiring the snake.	643

(3) An applicant need apply for only one permit regardless of	644
the number of restricted snakes that the applicant possesses.	645

(B) Except as otherwise provided in this section, an	646
applicant for a restricted snake propagation permit shall comply	647
with the requirements and procedures established in sections	648
935.08 and 935.09 of the Revised Code. The application fee for a	649
restricted snake propagation permit shall be one of the following,	650
as applicable:	651

(1) Two hundred dollars if the applicant possesses not more	652
than three restricted snakes;	653

(2) Six hundred dollars if the applicant possesses at least	654
four, but not more than fifteen restricted snakes;	655

(3) One thousand dollars if the applicant possesses sixteen	656
or more restricted snakes.	657

(C) All fees collected under this section shall be credited	658
to the dangerous and restricted animal fund created in section	659
935.25 of the Revised Code.	660

Sec. 935.11. (A) A person that possesses at least one	661
dangerous wild animal and at least one restricted snake shall	662
apply for both a wildlife shelter permit issued under section	663
935.06 of the Revised Code and a restricted snake possession	664
permit issued under section 935.09 of the Revised Code.	665

(B) A person that possesses at least one dangerous wild	666
animal and that intends to propagate the animal solely for the	667
purposes of a species survival program that complies with rules	668
and that possesses at least one restricted snake and that intends	669
to propagate, sell, trade, or otherwise transfer the snake shall	670
apply for both a wildlife propagation permit issued under section	671
935.07 of the Revised Code and a restricted snake propagation	672
permit issued under section 935.10 of the Revised Code.	673

(C) A person that possesses at least one dangerous wild	674
animal and does not intend to propagate the animal and that	675
possesses at least one restricted snake and intends to propagate,	676
sell, trade, or otherwise transfer the snake shall apply for both	677
a wildlife shelter permit issued under section 935.06 of the	678
Revised Code and a restricted snake propagation permit issued	679
under section 935.10 of the Revised Code.	680

(D) A person that possesses at least one dangerous wild	681
animal and that intends to propagate the animal solely for the	682
purposes of a species survival program that complies with rules	683
and that possesses at least one restricted snake and does not	684
intend to propagate, sell, trade, or otherwise transfer the snake	685
shall apply for both a wildlife propagation permit issued under	686
section 935.07 of the Revised Code and a restricted snake	687
possession permit issued under section 935.09 of the Revised Code.	688

Sec. 935.12. (A) Except as provided in division (B) of this	689
section, a person that has been issued a permit under this chapter	690
for a dangerous wild animal or animals shall comply with the	691
requirements regarding the care and housing of dangerous wild	692
animals established in rules.	693

(B)(1) A person that has been issued a permit under this	694
chapter for a dangerous wild animal or animals specified in	695
division (C)(20) of section 935.01 of the Revised Code shall	696
comply with the requirements regarding the care of those animals	697
established in regulations adopted under the federal animal	698
welfare act.	699

(2)(a) A person that has been issued a permit under this	700
chapter for a dangerous wild animal or animals specified in	701
division (C)(20)(a) or (b) of section 935.01 of the Revised Code	702
shall confine each animal in a cage that is not less than nine	703
square feet.	704

(b) A person that has been issued a permit under this chapter	705
for a dangerous wild animal or animals specified in divisions	706
(C)(20)(c) to (g) of section 935.01 of the Revised Code shall	707
confine each animal in a cage that is not less than twenty-four	708
square feet.	709

(c) A person that has been issued a permit under this chapter	710
for a dangerous wild animal or animals specified in divisions	711
(C)(20)(h) to (m) of section 935.01 of the Revised Code shall	712
confine each animal in a cage that is not less than thirty-two	713
square feet.	714

(C) A person that has been issued a permit under this chapter	715
for a restricted snake or snakes shall comply with the	716
requirements regarding the care and housing of those snakes	717
established in standards adopted by the zoological association of	718
America.	719

Sec. 935.13. The director of agriculture may suspend or	720
revoke a permit issued under this chapter for a violation of this	721
chapter or rules. A person adversely affected by an order of	722
suspension or revocation may request an adjudication under Chapter	723
119. of the Revised Code.	724

Sec. 935.14. (A) The director of agriculture shall maintain a	725
database of both of the following:	726

(1) Until January 1, 2014, the name and address of each	727
person that possesses a dangerous wild animal and registers the	728
animal under section 935.04 of the Revised Code;	729

(2) On and after January 1, 2014, the name and address of	730
each person that has applied for and been issued a permit under	731
this chapter.	732

(B) The director shall allow the directors of health and	733
natural resources to have access to the database.	734

Sec. 935.15. (A) A person that has been issued a permit	735
under this chapter shall maintain records of all of the following	736
regarding each dangerous wild animal and each restricted snake	737
that the permit holder possesses:	738

(1) The scientific and common names of the animal or snake,	739
including the species;	740

(2) If the animal or snake was purchased or otherwise	741
acquired from another person, the name and address of the other	742
person;	743

(3) The date on which the animal or snake was acquired, if	744
applicable;	745

(4) If the permit holder propagates dangerous wild animals,	746
the date of birth of the animal if the animal was propagated by	747
the permit holder;	748

(5) If the permit holder propagates restricted snakes, the	749
date of birth of the snake if the snake was propagated by the	750
permit holder;	751

(6) The name and address of the person to whom the animal or	752
snake was sold or otherwise transferred, if applicable;	753

(7) The date on which the animal or snake died or escaped, if	754
applicable;	755

(8) The identification number of the microchip that is	756
implanted in the animal and the frequency of the passive	757
integrated transponder contained in the microchip as required in	758
section 935.04 of the Revised Code.	759

(B) A permit holder shall maintain the records in accordance	760
with rules.	761

Sec. 935.16. (A) If a dangerous wild animal or restricted	762
snake escapes, the person that possesses the animal or snake	763
immediately shall notify both of the following:	764

(1) The sheriff of the county and the chief law enforcement	765
officer of the township or municipal corporation where the escape	766
occurred;	767

(2) The division of animal health in the department of	768
agriculture by means of the twenty-four-hour telephone number that	769
is maintained by the division.	770

(B)(1) A law enforcement officer or natural resources law	771
enforcement officer may destroy a dangerous wild animal or	772
restricted snake that has escaped and that poses a threat to	773
public safety.	774

(2) A law enforcement officer or natural resources law	775
enforcement officer that destroys an escaped dangerous wild animal	776
or restricted snake pursuant to division (B)(1) of this section is	777
not liable for damages in a civil action for any injury, death, or	778
loss to person or property that allegedly arises from the	779
destruction of the animal or snake.	780

(C) The person that possesses a dangerous wild animal or	781
restricted snake that escapes is responsible for all reasonable	782
costs associated with the capture or destruction of the animal or	783
snake. The person shall reimburse the political subdivision that	784
employs the law enforcement officer who captured or destroyed the	785
dangerous wild animal or restricted snake for the costs incurred	786
in capturing or destroying the animal or snake. However, if the	787
law enforcement officer is a state highway patrol trooper or if a	788
natural resources law enforcement officer captured or destroyed	789
the dangerous wild animal or restricted snake, the person shall	790
reimburse the state highway patrol or department of natural	791
resources, as applicable, for those costs.	792

(D)(1) Except as provided in division (D)(2) of this section,	793
money collected under division (C) of this section shall be	794
credited to a special fund, which is hereby created in the	795
applicable political subdivision. Money in the special fund shall	796
be used exclusively for the administration and enforcement of this	797
chapter and rules.	798

(2) Money collected under division (C) of this section for	799
costs incurred by a state highway patrol trooper or a natural	800
resources law enforcement officer under this section shall be	801
deposited in the state treasury to the credit of the dangerous and	802
restricted animal fund created in section 935.25 of the Revised	803
Code.	804

(3) If law enforcement officers from more than one	805
jurisdiction assist in the capture or destruction of a dangerous	806
wild animal or restricted snake, the money collected shall be	807
proportionally distributed to each political subdivision's special	808
fund and the dangerous and restricted animal fund, if applicable.	809

Sec. 935.17. The director of agriculture shall adopt rules	810
in accordance with Chapter 119. of the Revised Code that establish	811
all of the following:	812

(A) Both of the following concerning the registration of	813
dangerous wild animals under section 935.04 of the Revised Code:	814

(1) Any additional information that must be included with a	815
registration;	816

(2) Standards for the care and housing of registered	817
dangerous wild animals, including standards for the proper care of	818
each species of dangerous wild animal and caging and fencing of	819
the animals.	820

The director shall adopt rules under division (A) of this	821
section not later than ninety days after the effective date of	822
this section.	823

(B) Standards for the care and well-being of dangerous wild	824
animals specified in divisions (C)(1) to (19) of section 935.01 of	825
the Revised Code that are possessed by the holders of wildlife	826
shelter permits and wildlife propagation permits issued under this	827
chapter. The standards shall govern at least sanitation for,	828
provision of health care for, and feeding, caging, housing, and	829
fencing of dangerous wild animals. In adopting rules under this	830
division, the director shall consider the following factors:	831

(1) Best management practices for the care and well-being of	832
dangerous wild animals;	833

(2) Public health and safety;

834

(3) Biosecurity;

835

(4) The prevention of disease;

836

(5) Animal morbidity and mortality data;

837

(6) Generally accepted veterinary medical practices;

838

(7) Standards adopted by the association of zoos and	839
aquariums;	840

(8) Standards adopted by the zoological association of	841
America;	842

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

843

(10) Ethical standards established by the American veterinary	844
medical association;	845

(11) Any other factors that the director considers necessary	846
for the proper care and well-being of dangerous wild animals in	847
this state.	848

(C) All of the following concerning applications for permits	849
issued under sections 935.06 and 935.07 of the Revised Code:	850

(1) Any additional information that must be included with a	851
permit application;	852

(2) Criteria for determining what constitutes a species	853
survival program for the purposes of division (A)(1) of section	854
935.07 of the Revised Code and requirements and procedures that	855
are necessary to determine if a program meets those criteria;	856

(3) The content of the examination specified in division	857
(B)(6) of section 935.05 of the Revised Code. The rules shall	858
require the examination to test an applicant's knowledge on topics	859
that include proper diet, health care, exercise needs, and housing	860
of the species of dangerous wild animal or animals that are the	861
subject of the application.	862

(4) Procedures and requirements concerning the administration	863
of the examination specified in division (B)(6) of section 935.05	864
of the Revised Code.	865

(D) All of the following concerning applications for permits	866
issued under sections 935.09 and 935.10 of the Revised Code:	867

(1) Any additional information that must be included with a	868
permit application;	869

(2) The content of the examination specified in division	870
(B)(5) of section 935.08 of the Revised Code. The rules shall	871
require the examination to test an applicant's knowledge on topics	872
that include proper diet, health care, and housing of the species	873
of restricted snake or snakes that are the subject of the	874
application.	875

(3) Procedures and requirements concerning the administration	876
of the examination specified in division (B)(5) of section 935.08	877
of the Revised Code.	878

(E) Procedures and requirements governing the maintenance of	879
records under section 935.15 of the Revised Code;	880

(F) Standards for signs that are required to be posted and	881
displayed in accordance with section 935.18 of the Revised Code;	882

(G) The amount of civil penalties that may be assessed under	883
section 935.24 of the Revised Code;	884

(H) Procedures and requirements governing the distribution of	885
money under division (B)(4) of section 935.25 of the Revised Code	886
from the dangerous and restricted animal fund created in that	887
section;	888

(I) Any other provisions necessary to administer and enforce	889
this chapter.	890

Sec. 935.18. (A) Except for a restricted snake specified in	891
division (K)(1) of section 935.01 of the Revised Code, no person	892
shall sell or offer for sale at auction a dangerous wild animal or	893
restricted snake.	894

(B) No person shall knowingly remove a microchip that is	895
implanted in a dangerous wild animal as required in section 935.04	896
of the Revised Code.	897

(C) No person that possesses a dangerous wild animal or	898
restricted snake shall fail to post and display any of the	899
following:	900

(1) At intervals of ten feet along the boundary of the	901
property where each dangerous wild animal is confined, signs	902
warning the public that a dangerous wild animal or restricted	903
snake, as applicable, is on the property;	904

(2) At the main entrance to the property where each dangerous	905
wild animal or restricted snake is confined, a sign warning the	906
public that a dangerous wild animal or restricted snake, as	907
applicable, is on the property;	908

(3) On a vehicle that is used to transport a dangerous wild	909
animal or restricted snake, a sign warning that a dangerous wild	910
animal or restricted snake, as applicable, is in the vehicle.	911

The signs shall comply with standards established in rules.

912

(D) No person shall knowingly release a dangerous wild animal	913
or restricted snake into the wild.	914

(E) No person shall allow a dangerous wild animal or	915
restricted snake to roam off the property where it is confined.	916

(F) No person shall remove any teeth or claws from a	917
dangerous wild animal or restricted snake, as applicable, unless	918
determined to be medically necessary by a veterinarian.	919

(G) No person shall violate any other provisions of this	920
chapter or rules.	921

Sec. 935.19. (A)(1) The director of agriculture or the	922
director's designee may enter at all reasonable times any premises	923
at which a dangerous wild animal or restricted snake is confined,	924
with the consent of the owner of the premises, for the purpose of	925
determining compliance with this chapter and rules.	926

(2) If the director or the director's designee is denied	927
access to any such premises, and if the director reasonably	928
suspects that the person who possesses the dangerous wild animal	929
or restricted snake is not in compliance with this chapter or	930
rules, the director may apply to a court of competent jurisdiction	931
in the county in which the premises is located for a search	932
warrant authorizing access to the premises for the purposes of	933
this section.	934

(3) The court shall issue the search warrant for the purposes	935
requested if there is probable cause to believe that the person is	936
not in compliance with this chapter or rules. The finding of	937
probable cause may be based on hearsay, provided that there is a	938
substantial basis for believing that the source of the hearsay is	939
credible and that there is a factual basis for the information	940
furnished.	941

(B) The director may designate any of the following to	942
conduct inspections under this section:	943

(1) Employees of the department of agriculture;

944

(2) Natural resources law enforcement officers with the	945
consent of the director of natural resources;	946

(3) Employees of the department of health with the consent of	947
the director of health;	948

(4) Employees of a board of health with the consent of the	949
board;	950

(5) Agents of a humane society appointed under section	951
1717.06 of the Revised Code with the consent of the humane	952
society.	953

(C) If a person designated under division (B) of this section	954
determines, while conducting an inspection, that a violation of	955
this chapter or rules has occurred, is occurring, or may occur,	956
the person shall immediately notify the director of agriculture.	957
The director may proceed as provided in section 935.24 of the	958
Revised Code.	959

Sec. 935.20. (A) On and after January 1, 2014, the director	960
of agriculture immediately shall cause an investigation to be	961
conducted if the director has reason to believe that one of the	962
following may be occurring:	963

(1) A dangerous wild animal is possessed by a person who has	964
not been issued either a wildlife shelter permit or a wildlife	965
propagation permit under this chapter.	966

(2) A restricted snake is possessed by a person that has not	967
been issued either a restricted snake possession permit or a	968
restricted snake propagation permit under this chapter.	969

(3) A dangerous wild animal or restricted snake is being	970
treated or kept in a manner that is in violation of this chapter	971
or rules.	972

For purposes of the investigation, the director or the	973
director's designee may order the animal or snake that is the	974
subject of the notification to be quarantined or may order the	975
transfer of the animal or snake to a facility that is on the list	976
maintained by the director under this section. If the director's	977
designee orders the animal or snake to be quarantined or	978
transferred, the designee shall provide a copy of the order to the	979
director.	980

(B) The director shall attempt to notify the person owning or	981
possessing an animal or snake that has been ordered to be	982
quarantined or transferred under division (A) of this section. The	983
notice shall be delivered in person or by certified mail. The	984
director also may post a copy of a quarantine order at two	985
conspicuous locations on the premises where the animal or snake is	986
quarantined. The director shall maintain a copy of an order issued	987
under this section and evidence that the director attempted to	988
notify the person owning or possessing the animal or snake.	989

(C) A quarantine or transfer order issued under this section	990
shall contain all of the following:	991

(1) The name and address of the person owning or possessing	992
the animal or snake, if known;	993

(2) A description of the quarantined or transferred animal or	994
snake;	995

(3) A description of the premises affected by the quarantine	996
or transfer;	997

(4) The reason for the quarantine or transfer;

998

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

999

(6) A notice that a person adversely affected by the order	1000
may request a hearing to review the order.	1001

(D) A person that is adversely affected by a quarantine or	1002
transfer order pertaining to a dangerous wild animal or restricted	1003
snake owned or possessed by the person, within thirty days after	1004
the order is issued, may request in writing an adjudication in	1005
accordance with Chapter 119. of the Revised Code. A request for an	1006
adjudication does not stay a quarantine or transfer order.	1007

(E) The owner of or person possessing a dangerous wild animal	1008
or restricted snake that was quarantined or transferred under	1009
division (A) of this section is responsible for all reasonable	1010
costs associated with the quarantine or transfer, including the	1011
costs of transportation, housing, food, and veterinary care for	1012
the animal or snake.	1013

(F) If the state veterinarian determines that a dangerous	1014
wild animal or restricted snake that was quarantined or	1015
transferred under division (A) of this section is infected with or	1016
exposed to a dangerously contagious or infectious disease or is	1017
seriously injured, the state veterinarian shall so notify the	1018
director. The director may order the animal or snake to be	1019
humanely euthanized by a veterinarian if the state veterinarian	1020
has indicated that euthanization is medically necessary.	1021

(G) A quarantine or transfer order issued under this section	1022
shall remain in effect until one of the following occurs:	1023

(1) The director, after reviewing the results of the	1024
investigation conducted under division (A) of this section, issues	1025
a written notice of release.	1026

(2) A court of competent jurisdiction orders the quarantine	1027
or transfer order to be terminated in a proceeding conducted under	1028
division (H) of this section.	1029

(3) A court of competent jurisdiction orders the seizure of	1030
the dangerous wild animal or restricted snake in a proceeding	1031
conducted under division (H) of this section.	1032

(H) If, after reviewing the results of an investigation	1033
concerning a dangerous wild animal or restricted snake conducted	1034
under division (A) of this section and after resolution of any	1035
proceeding conducted under division (D) of this section, the	1036
director determines that a circumstance described in division	1037
(A)(1), (2), or (3) of this section is or was occurring, the	1038
director shall initiate, in a court of competent jurisdiction, a	1039
proceeding for the permanent seizure of the animal or snake, as	1040
applicable. If the court affirms the director's determination that	1041
a circumstance described in division (A)(1), (2), or (3) of this	1042
section is or was occurring, the court shall order the animal or	1043
snake seized and shall order the method of disposition of the	1044
animal or snake. The court may order the person owning or	1045
possessing the animal or snake to pay all reasonable costs	1046
associated with the seizure and, if applicable, the costs	1047
associated with the quarantine or transfer of the animal or snake,	1048
including the costs of transportation, housing, food, and	1049
veterinary care of the animal or snake. If the court does not	1050
affirm the director's determination, the court shall order the	1051
quarantine or transfer order to be terminated and the animal or	1052
snake to be returned to the person owning or possessing it, if	1053
applicable.	1054

(I) The director may authorize any of the following to	1055
conduct an investigation and order the quarantine or transfer of a	1056
dangerous wild animal or restricted snake under division (A) of	1057
this section:	1058

(1) Employees of the department of agriculture;

1059

(2) Natural resources law enforcement officers with the	1060
consent of the director of natural resources;	1061

(3) Employees of the department of health with the consent of	1062
the director of health;	1063

(4) Employees of a board of health with the consent of the	1064
board;	1065

(5) Agents of a humane society appointed under section	1066
1717.06 of the Revised Code with the consent of the humane	1067
society;	1068

(6) Law enforcement officers with the consent of the sheriff	1069
of the county or the chief law enforcement officer of the township	1070
or municipal corporation, as applicable, by whom the law	1071
enforcement officers are employed;	1072

(7) Law enforcement officers who are state highway patrol	1073
troopers with the consent of the superintendent of the state	1074
highway patrol.	1075

(J) Money collected for reimbursement of costs associated	1076
with the quarantine or transfer of dangerous wild animals and	1077
restricted snakes under this section shall be credited to one of	1078
the following funds, as applicable:	1079

(1) If the animal or snake was quarantined or transferred by	1080
an employee of the department of agriculture or the department of	1081
health, a natural resources law enforcement officer, or a law	1082
enforcement officer who is a state highway patrol trooper, the	1083
dangerous and restricted animal fund created in section 935.25 of	1084
the Revised Code;	1085

(2) If the animal or snake was quarantined or transferred by	1086
an employee of a board of health, a special fund, which is hereby	1087
created in each health district, that shall be used exclusively	1088
for the administration and enforcement of this chapter and rules;	1089

(3) If the animal or snake was quarantined or transferred by	1090
an agent of a humane society, a special fund, which is hereby	1091
created in each county that has a humane society, that shall be	1092
used exclusively for the administration and enforcement of this	1093
chapter and rules;	1094

(4) If the animal or snake was quarantined or transferred by	1095
a law enforcement officer who is not a state highway patrol	1096
trooper, the special fund that is created in the political	1097
subdivision that employs the law enforcement officer in division	1098
(D) of section 935.16 of the Revised Code.	1099

(K) The director shall maintain a list of facilities inside	1100
and outside the state that the director determines are eligible to	1101
accept dangerous wild animals and restricted snakes for the	1102
purposes of this section.	1103

Sec. 935.21. The director of agriculture may request either	1104
of the following to accompany the director or an employee of the	1105
department of agriculture for purposes of investigations and	1106
inspections conducted under this chapter:	1107

(A) A law enforcement officer;

1108

(B) With the consent of the director of natural resources, a	1109
natural resources law enforcement officer.	1110

Sec. 935.22. An employee of an agency or political	1111
subdivision of the state that destroys a dangerous wild animal or	1112
restricted snake that is a threat to public safety is not liable	1113
for damages in a civil action for any injury, death, or loss to	1114
person or property that allegedly arises from the destruction of	1115
the animal or snake.	1116

Sec. 935.23. (A) The owner of a restricted snake specified in	1117
division (K)(2), (3), or (4) of section 935.01 of the Revised Code	1118
shall maintain antivenom for each species of snake at the location	1119
where each snake is confined.	1120

(B) If a restricted snake specified in division (K)(2), (3),	1121
or (4) of section 935.01 of the Revised Code bites a person other	1122
than the snake's owner, the owner is liable for all costs	1123
associated with the treatment of the bite, including the cost of	1124
replacement of any antivenom that was used to treat the bite.	1125

Sec. 935.24. (A) The attorney general, upon request of the	1126
director of agriculture, shall bring an action for injunction	1127
against any person who has violated, is violating, or is	1128
threatening to violate this chapter or rules. The court of common	1129
pleas in which an action for injunction is filed has jurisdiction	1130
to and shall grant preliminary and permanent injunctive relief	1131
upon a showing that the person against whom the action is brought	1132
has violated, is violating, or is threatening to violate this	1133
chapter or rules.	1134

(B)(1) The director may assess a civil penalty against any	1135
person that the director determines is not in compliance with this	1136
chapter or rules.	1137

(2) The director shall afford the person an opportunity for	1138
an adjudication under Chapter 119. of the Revised Code to	1139
challenge the director's determination that the person is not in	1140
compliance with this chapter or rules. However, the person may	1141
waive the right to an adjudication.	1142

(3) If the opportunity for an adjudication is waived or if,	1143
after an adjudication, the director determines that a violation	1144
has occurred or is occurring, the director may issue an order and	1145
assess a civil penalty in an amount established in rules against	1146
the violator. The order and the assessment of the civil penalty	1147
may be appealed in accordance with section 119.12 of the Revised	1148
Code.	1149

(C) The attorney general, upon request of the director, shall	1150
criminally prosecute to termination any person who has violated or	1151
is violating this chapter or rules.	1152

(D) Notwithstanding any other section of the Revised Code,	1153
money resulting from any action taken under this section shall be	1154
credited to the dangerous and restricted animal fund created in	1155
section 935.25 of the Revised Code.	1156

Sec. 935.25. (A) There is hereby created in the state	1157
treasury the dangerous and restricted animal fund, which shall	1158
consist of all of the following:	1159

(1) Money collected from permit application fees under this	1160
chapter;	1161

(2) Money credited to the fund under division (J)(1) of	1162
section 935.20 of the Revised Code;	1163

(3) Money credited to the fund under division (D) of section	1164
935.24 of the Revised Code.	1165

(B) Money in the fund shall be used for any of the following	1166
purposes:	1167

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

1168

(2) Compensation of the department of natural resources or	1169
the state highway patrol for the costs incurred in capturing or	1170
destroying a dangerous wild animal or restricted snake pursuant to	1171
section 935.16 of the Revised Code;	1172

(3) Compensation of the departments of natural resources and	1173
health and the state highway patrol for the costs incurred in	1174
conducting investigations and quarantining or transferring a	1175
dangerous wild animal or restricted snake pursuant to section	1176
935.20 of the Revised Code;	1177

(4) Compensation of a facility that is on the list maintained	1178
by the director of agriculture under division (K) of section	1179
935.20 of the Revised Code and that accepts a dangerous wild	1180
animal or restricted snake pursuant to that section.	1181

(C) Investment earnings of the fund shall be credited to the	1182
fund.	1183

Sec. 935.26. (A) There is hereby created the dangerous and	1184
restricted animals advisory board consisting of the following	1185
members:	1186

(1) The director of agriculture or the director's designee,	1187
who shall be the chairperson of the board;	1188

(2) The director of natural resources or the director's	1189
designee;	1190

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

1191

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

1192

(5) The following ten members who shall be appointed by the	1193
governor with the advice and consent of the senate and shall be	1194
residents of this state:	1195

(a) One member representing dangerous wild animal or	1196
restricted snake owners;	1197

(b) One member who is knowledgeable about dangerous wild	1198
animals or restricted snakes;	1199

(c) One member representing an accredited member of the	1200
association of zoos and aquariums that operates in this state;	1201

(d) One member representing an accredited member of the	1202
zoological association of America;	1203

(e) Two members who are veterinarians;

1204

(f) Two members representing the public;

1205

(g) One member representing the governor;

1206

(h) One member representing a humane society.

1207

(6) One member appointed by the speaker of the house of	1208
representatives who shall be a restricted snake owner;	1209

(7) One member appointed by the president of the senate who	1210
shall be a dangerous wild animal owner.	1211

Not more than seven members appointed to the board at any	1212
given time shall be members of the same political party.	1213

(B)(1) The governor, the speaker of the house of	1214
representatives, and the president of the senate shall make	1215
initial appointments to the board not later than forty-five days	1216
after the effective date of this section.	1217

(2) The following initial members of the board appointed by	1218
the governor shall be appointed for a term ending January 15,	1219
2013:	1220

(a) The member representing dangerous wild animal or	1221
restricted snake owners;	1222

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

1223

1224

(d) The member representing an accredited member of the	1225
zoological association of America.	1226

(3) The following initial members of the board shall be	1227
appointed for a term ending January 15, 2014:	1228

(a) The member appointed by the speaker of the house of	1229
representatives;	1230

(b) The member who is knowledgeable about dangerous wild	1231
animals or restricted snakes;	1232

1233

(d) One of the members representing the public.

1234

(4) The following initial members of the board shall be	1235
appointed for a term ending January 15, 2015:	1236

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

1237

(b) The member representing an accredited member of the	1238
association of zoos and aquariums that operates in this state;	1239

1240

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

1241

Thereafter, terms of office of appointed members shall be for	1242
three years with each term ending on the same day of the same	1243
month as did the term that it succeeds. An appointed member shall	1244
hold office from the date of the member's appointment until the	1245
end of the term for which the member was appointed.	1246

The terms of office of the director of agriculture, the	1247
director of natural resources, the director of health, their	1248
designees, and the state veterinarian shall coincide with the	1249
length of time that the person holds the position of director or	1250
state veterinarian or is a designee, as applicable. If a director,	1251
a designee, or the state veterinarian resigns or that person's	1252
employment is terminated, that person shall cease to serve on the	1253
board, and the successor of that person shall serve on the board	1254
in accordance with this section.	1255

(C) Vacancies on the board shall be filled in the manner	1256
provided for original appointments. A member appointed to fill a	1257
vacancy occurring prior to the expiration of the term for which	1258
the member's predecessor was appointed shall hold office for the	1259
remainder of that term. A member shall continue in office	1260
subsequent to the expiration date of the member's term until the	1261
member's successor takes office, or until a period of one hundred	1262
eighty days has elapsed, whichever occurs first. A member may be	1263
reappointed upon the expiration of the member's term.	1264

(D) The board shall hold at least three regular meetings each	1265
year and may hold additional meetings at times that the	1266
chairperson or a majority of the board members considers	1267
appropriate. At the first meeting of the board in each calendar	1268
year, the director of agriculture or the director's designee shall	1269
designate one member of the board to serve as its	1270
vice-chairperson. A majority of the board constitutes a quorum.	1271
The board may act only if a quorum is present and only by a	1272
majority vote of the members.	1273

(E) Serving as an appointed member of the board does not	1274
constitute holding a public office or position of employment under	1275
the laws of this state and does not constitute grounds for removal	1276
of public officers or employees from their offices or positions of	1277
employment.	1278

(F) Appointed members of the board shall receive no	1279
compensation for their services. Members shall be reimbursed for	1280
their actual and necessary expenses incurred in the performance of	1281
their duties as members. The expenses shall be paid from the	1282
dangerous and restricted animal fund created in section 935.25 of	1283
the Revised Code. The expenses shall be paid in accordance with	1284
the rules and requirements adopted by the department of	1285
administrative services that are applicable to state employees.	1286

(G) The board may create committees that it considers	1287
appropriate to make recommendations to the board. Committees may	1288
include members who do not serve on the board.	1289

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

1290

(1) Review the rules that have been or are proposed to be	1291
adopted under divisions (A)(2) and (B) of section 935.17 of the	1292
Revised Code;	1293

(2) Advise the director of agriculture on the administration	1294
of this chapter and rules.	1295

Sec. 935.99. (A) Whoever violates division (A), (B), (C),	1296
(E), (F), or (G) of section 935.18 of the Revised Code is guilty	1297
of a misdemeanor of the first degree on a first offense and a	1298
felony of the fifth degree on each subsequent offense.	1299

(B) Whoever violates division (D) of section 935.18 of the	1300
Revised Code is guilty of a felony of the fifth degree.	1301

Sec. 1533.71. (A) Unless otherwise provided by division	1302
rule, any person desiring to engage in the business of raising and	1303
selling game birds, game quadrupeds, reptiles, amphibians, or	1304
fur-bearing animals in a wholly enclosed preserve of which the	1305
person is the owner or lessee, or to have game birds, game	1306
quadrupeds, reptiles, amphibians, or fur-bearing animals in	1307
captivity, shall apply in writing to the division of wildlife for	1308
a license to do so.	1309

(B) The division, when it appears that the application is	1310
made in good faith and upon the payment of the fee for each	1311
license, may issue to the applicant any of the following licenses	1312
that may be applied for:	1313

~~(A)~~(1) "Commercial propagating license" permitting the	1314
licensee to propagate game birds, game quadrupeds, reptiles,	1315
amphibians, or fur-bearing animals in the wholly enclosed preserve	1316
the location of which is stated in the license and the application	1317
therefor, and to sell the propagated game birds, game quadrupeds,	1318
reptiles, amphibians, or fur-bearing animals and ship them from	1319
the state alive at any time, and permitting the licensee and the	1320
licensee's employees to kill the propagated game birds, game	1321
quadrupeds, or fur-bearing animals and sell the carcasses for food	1322
subject to sections 1533.70 to 1533.80 of the Revised Code. The	1323
fee for such a license is forty dollars per annum.	1324

~~(B)~~(2) "Noncommercial propagating license" permitting the	1325
licensee to propagate game birds, game quadrupeds, reptiles,	1326
amphibians, or fur-bearing animals and to hold the animals in	1327
captivity. Game birds, game quadrupeds, reptiles, amphibians, and	1328
fur-bearing animals propagated or held in captivity by authority	1329
of a noncommercial propagating license are for the licensee's own	1330
use and shall not be sold. The fee for such a license is	1331
twenty-five dollars per annum.	1332

~~(C)~~(3) A free "raise to release license" permitting duly	1333
organized clubs, associations, or individuals approved by the	1334
division to engage in the raising of game birds, game quadrupeds,	1335
or fur-bearing animals for release only and not for sale or	1336
personal use.	1337

(C) Except as provided by law, no person shall possess game	1338
birds, game quadrupeds, or fur-bearing animals in closed season,	1339
provided that municipal or governmental zoological parks are not	1340
required to obtain the licenses provided for in this section.	1341

All licenses issued under this section shall expire on the	1342
fifteenth day of March of each year.	1343

The chief of the division of wildlife shall pay all moneys	1344
received as fees for the issuance of licenses under this section	1345
into the state treasury to the credit of the fund created by	1346
section 1533.15 of the Revised Code for the use of the division in	1347
the purchase, preservation, and protection of wild animals and for	1348
the necessary clerical help and forms required by sections 1533.70	1349
to 1533.80 of the Revised Code.	1350

(D) This section does not authorize the taking or the release	1351
for taking of the following:	1352

(1) Game birds, without first obtaining a commercial bird	1353
shooting preserve license issued under section 1533.72 of the	1354
Revised Code;	1355

(2) Game or nonnative wildlife, without first obtaining a	1356
wild animal hunting preserve license issued under section 1533.721	1357
of the Revised Code.	1358

(E) A license shall not be issued under this section to raise	1359
or sell a dangerous wild animal or restricted snake as defined in	1360
section 935.01 of the Revised Code.	1361

Section 2. That existing section 1533.71 and section 2927.21	1362
of the Revised Code are hereby repealed.	1363