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S. B. No. 225 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Senators Wagoner, Seitz, Patton, Stewart, Schaffer
A BILL
To amend sections 901.511, 918.12, 943.01, and 943.02
and to enact sections 943.20 to 943.30 of the
Revised Code to establish a commercial deer
propagating license, a commercial deer hunting
preserve license, and corresponding requirements
under the authority of the Director of
Agriculture.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 901.511, 918.12, 943.01, and 943.02
be amended and sections 943.20, 943.21, 943.22, 943.23, 943.24,
943.25, 943.26, 943.27, 943.28, 943.29, and 943.30 of the Revised
Code be enacted to read as follows:
Sec. 901.511. (A) As used in this section:
(1) "Agricultural product" means any of the following items
that is produced for testing or research in the context of a
product development program in conjunction or coordination with a
private research facility, a university, or any federal, state, or
local governmental agency or that is produced for personal,
commercial, pharmaceutical, or educational purposes: field crop or
field crop product; timber or timber product; forestry product;
livestock or livestock product; meat or meat product; milk or
dairy product; poultry or poultry product; equine animal; wool;
fruit or vegetable crop; aquacultural product; horticultural crop,
including plant materials grown in a greenhouse, nursery stock
grown inside or outside of a container, ornamental grass, turf
grass, ornamental trees, ornamental shrubs, or flowers; sod;
mushrooms; viticultural product; apicultural product; tobacco;
pasture; wild animal or domestic deer, as "wild animal" and
"domestic deer" are defined in section 1531.01 of the Revised
Code; commercial deer as defined in section 943.20 of the Revised
Code; or any combination of those items.
(2) "Equipment" means any implement, machinery, real or
personal property, building, or structure that is used in the
production, growing, harvesting, or housing of any agricultural
product. "Equipment" also includes any laboratory, research,
product, samples, supplies, or fixed equipment that is used to
test, develop, or analyze the process of producing, growing, or
maintaining any agricultural product.
(3) "Material support or resources" means currency, payment
instruments, other financial securities, financial services,
lodging, training, safehouses, false documentation or
identification, communications equipment, facilities, weapons,
lethal substances, explosives, personnel, transportation, and
other physical assets, except medicine or religious materials.
(4) "Payment instrument" means a check, draft, money order,
traveler's check, cashier's check, teller's check, or other
instrument or order for the transmission or payment of money
regardless of whether the item in question is negotiable.
(5) "Specified offense" means either of the following:
(a) A violation of section 2909.02, 2909.03, 2909.05,
2909.06, 2909.07, 2911.13, 2911.21, 2913.02, 2913.04, or 2913.42
of the Revised Code;
(b) An attempt to commit, complicity in committing, or a
conspiracy to commit an offense listed in division (A)(5)(a) of
this section.
(B) No person shall commit a specified offense involving any
agricultural product or equipment with the intent to do any of the
following:
(1) Intimidate or coerce a civilian population;
(2) Influence the policy of any government by intimidation or
coercion;
(3) Affect the conduct of any government;
(4) Interrupt or interfere with agricultural production,
agricultural research, or equipment for purposes of disrupting or
influencing, through intimidation or other means, consumer
confidence or agricultural production methods.
Division (B) of this section does not apply to the practice
of veterinary medicine by a person who has been issued a valid
license, temporary permit, or registration certificate to practice
veterinary medicine under Chapter 4741. of the Revised Code. As
used in this division, "practice of veterinary medicine" has the
same meaning as in section 4741.01 of the Revised Code.
(C) No person shall raise, solicit, collect, donate, or
provide any material support or resources with the purpose that
the material support or resources will be used in whole or in part
to plan, prepare, carry out, or aid in either a violation of
division (B) of this section or in the concealment of, or an
escape from, a violation of that division.
(D)(1) In addition to the penalties established in section
901.99 of the Revised Code for a violation of this section, the
court may require any person who violates this section to pay the
victim of the offense an amount up to triple the value of the
agricultural product or equipment that was the subject of the
violation.
(2) In ordering restitution under division (D)(1) of this
section, the court shall consider as part of the value of the
agricultural product or equipment the market value of the
agricultural product or equipment prior to the violation and the
production, research, testing, replacement, and development costs
directly related to the agricultural product or equipment that was
the subject of the violation.
(E) The enactment of this section is not intended to require
the prosecution exclusively under this section of an act, series
of acts, or course of behavior that could be prosecuted either
under this section or under another section of the Revised Code.
One or more acts, series of acts, or courses of behavior that may
be prosecuted either under this section or under another section
of the Revised Code may be prosecuted under this section, the
other section, or both sections.
Sec. 918.12. (A) An establishment, as defined in section
918.01 of the
Revised Code, that slaughters or otherwise prepares
meat of bison, cervidea,
other bovidea, camelidae and hybrids
thereof, ratites, domestic rabbits,
commercial deer as defined in
section 943.20 of the Revised Code, domestic deer, as defined in
section 1531.01 of the Revised Code, or
other animals determined
by the director of agriculture by rule for
human
food purposes may
receive voluntary state inspection, as defined in
division (B) of
section 918.01 of the Revised Code, if the establishment
complies
with sections 918.01 to
918.11 of the Revised Code and the rules
adopted under those
sections for establishments that slaughter or
otherwise prepare
for food purposes other animals and if the
establishment complies with
division (C) of this section.
(B) The owner of an establishment, as defined in section
918.21 of the
Revised Code, who slaughters or otherwise prepares
the meat of
pheasant,
quail, partridge, peafowl, grouse, captive
raised wild turkey, captive raised
waterfowl, or other poultry
determined by the director by rule may receive
voluntary state
inspection as defined in division (I) of section 918.21 of the
Revised Code and the rules adopted under those sections for
establishments
that slaughter or otherwise prepare for food
purposes other poultry and if the
establishment complies with
division (C) of this section and sections 918.21
to 918.28 of the
Revised Code.
(C) An establishment that receives voluntary
state inspection
under division (A) or (B) of this section
shall pay the costs of
the inspection at a rate and under
terms established by rule of
the director of agriculture in accordance with
section 918.04 of
the Revised Code.
Sec. 943.01. As used in sections 943.01 to 943.18 of the
Revised Code:
(A) "Animals" or "livestock" means horses, mules, and
other
equidae, cattle, sheep, and goats and other bovidae, swine
and
other suidae, commercial deer as defined in section 943.20 of the
Revised Code, alpacas, and llamas.
(B) "Dealer" or "broker" means any person found by the
department of agriculture buying, receiving, selling,
slaughtering, with the exception of those persons designated by
division (B)(1) of section 918.10 of the Revised Code,
exchanging,
negotiating, or soliciting the sale, resale, exchange, or
transfer
of any animals in an amount of more than two hundred
fifty head of
cattle, horses, or other equidae or five hundred
head of sheep,
goats, or other bovidae or swine and other suidae or alpacas or
llamas
during any one year. "Dealer" or "broker" does not mean any
of the
following:
(1) Any railroad or other carrier transporting animals
either
interstate or intrastate;
(2) Any person who by dispersal sale is permanently
discontinuing the business of farming, dairying, breeding,
raising, or feeding animals;
(3) Any person who sells livestock that has been raised
from
birth on the premises of the person;
(4) Any person who buys or receives animals for grazing or
feeding purposes at a premises owned or controlled by the
person
and sells or disposes of the animals after the minimum
grazing
or
feeding period of thirty days;
(5) Any person who places livestock in facilities other
than
the person's own pursuant to a written agreement for
feeding
or
finishing, provided that the person retains legal and equitable
title
to the livestock during the term of the agreement;
(6) Any person who has been issued a commercial deer
propagating license under section 943.22 of the Revised Code or a
commercial deer hunting preserve license under section 943.24 of
the Revised Code.
The exemptions set forth in divisions (B)(1) to (5)(6)
of
this
section are
exclusive of those activities requiring
licensure
under this chapter sections 943.01 to 943.18 of the
Revised Code, so that
a person shall be deemed to
be a
dealer or
broker or subject to divisions
(B)(1) to
(5)(6) of this
section,
but shall not be, or be subject to, both.
No
person who
is a
licensed dealer or broker and whose license is
suspended
shall
have livestock or animals exempted pursuant to
divisions
(B)(1)
to (5)(6)
of this section.
(C) "Employee" means any person employed by a dealer or
broker to act in the dealer's or broker's behalf to buy,
sell,
exchange, negotiate, or
solicit sale or resale of animals in the
dealer's or broker's
name.
Sec. 943.02. (A) No person shall act as a dealer or broker
without first being licensed. No person shall be an employee of
more than one dealer or broker. Except as provided in division (B)
of this
section, no person holding a license as a
dealer or broker
shall be an employee. No employee shall act for
any dealer or
broker unless the dealer or broker is licensed,
and has designated
the employee to act in his the dealer's or
broker's behalf and has
notified the department of agriculture in his the application
for
license or has given official notice in writing of the
appointment
of the employee. The dealer or broker shall be
accountable and
responsible for all contracts pertaining to the
purchase,
exchange, or sale of livestock made by the employee.
The dealer or
broker who terminates the services of an employee
shall notify the
department in writing of the employee's
termination. No person who
is a licensed dealer or broker shall have
livestock exempted
pursuant to divisions (B)(1) through (5) to (6) of section 943.01
of the Revised Code.
(B) A dealer or broker may be an employee of other dealers or
brokers only
when he the dealer or broker so employed is a
soliciting agent
for a video auction.
(C) The director of agriculture shall define by rule
"soliciting agent" and
"video auction" for the purposes of this
section.
Sec. 943.20. As used in this section and sections 943.21 to
943.30 of the Revised Code:
(A) "Authorized enclosure" means an area of land that is
surrounded by a fence that complies with division (A) of section
943.23 of the Revised Code.
(B) "Chronic wasting disease" has the same meaning as in 9
C.F.R. 55.1.
(C) "Commercial deer" means captive deer that have been
legally acquired or their offspring and that are privately owned
primarily for the purposes of agriculture, propagation, or the
operation of a hunting preserve.
(D) "Hunting preserve" means an area of land where commercial
deer are released and hunted as authorized by a commercial deer
hunting preserve license obtained under section 943.24 of the
Revised Code.
(E) "Rule" means a rule adopted under section 943.26 of the
Revised Code.
Sec. 943.21. The department of agriculture the sole
authority to regulate commercial deer.
Sec. 943.22. (A) Except as otherwise provided by rules, a
person desiring to engage in the business of propagating and
selling commercial deer in an authorized enclosure that is owned
or leased by the person shall apply in writing to the director of
agriculture for a license to do so.
(B)(1) The director may issue to the applicant a commercial
deer propagating license if all of the following conditions are
satisfied:
(a) The application is made in good faith.
(b) The applicant complies with or, in the case of an
application for an initial license, has demonstrated to the
director's satisfaction that the applicant will comply with
section 943.23 of the Revised Code.
(c) The applicant pays a license fee of three hundred
dollars.
(2) A commercial deer propagating licensee may do all of the
following:
(a) Propagate commercial deer in an authorized enclosure that
is specified in the license application;
(b) Sell commercial deer and ship them alive within and
outside the state at any time;
(c) In the case of the licensee and the licensee's employees,
kill commercial deer and sell the carcasses for food in accordance
with sections 918.01 to 918.12 of the Revised Code.
The director may establish terms and conditions of a license.
(C) A license issued under this section expires on the
fifteenth day of March of each year. A licensee wishing to
continue to propagate and sell commercial deer shall apply for a
new license under this section and shall include with the
application the information that is required by division (G)(1) of
section 943.23 of the Revised Code.
(D) All money collected under this section shall be credited
to the commercial deer fund created in section 943.30 of the
Revised Code.
Sec. 943.23. (A) A commercial deer propagating licensee
shall keep commercial deer in an authorized enclosure that is
surrounded by a fence that is eight feet in height with a minimal
deviation not to exceed four per cent, is constructed in a manner
that prevents ingress and egress of deer, and is constructed of
materials that are approved by the director of agriculture in
rules.
A person who is raising and selling commercial deer on the
effective date of this section shall comply with the fence
requirements established in this division not later than one year
after the director has adopted rules under division (A) of section
943.26 of the Revised Code.
(B) A commercial deer propagating licensee only shall
purchase or acquire commercial deer from, or sell or otherwise
transfer commercial deer to, another such licensee or from a herd
that is monitored by the United States department of agriculture
for chronic wasting disease or any other animal disease.
(C) Each commercial deer that is raised by a licensee and
held in an authorized enclosure that is owned or leased by the
licensee shall be identified with a tag that has a symbol
identifying the licensee and a distinctive number for that deer.
(D) If a commercial deer escapes or is missing from an
authorized enclosure that is owned or leased by a licensee, the
licensee shall notify by telephone the director within a
reasonable amount of time after the licensee determines that the
commercial deer has escaped or is missing.
(E) A licensee shall submit animal tissue from ten per cent
of all of the licensee's commercial deer that are twelve months of
age or older and that have died or thirty such deer, whichever is
less, to the animal disease diagnostic laboratory in the
department of agriculture for chronic wasting disease testing. The
director shall send the results of the testing to the licensee. If
the results of the testing indicate that a commercial deer had
chronic wasting disease, the director shall take appropriate
actions as provided in sections 941.01 to 941.15 of the Revised
Code.
(F) A licensee shall dispose of the body of a commercial deer
that dies of a dangerously contagious or infectious disease, as
defined in section 941.01 of the Revised Code, in accordance with
section 941.14 of the Revised Code.
(G)(1) A licensee shall file with a license renewal
application, on a form provided by the director, a complete and
accurate report signed by the licensee showing the total number of
commercial deer that have been held by the licensee in the
previous twelve months. If the licensee fails to file the
inventory report with the renewal application, the director shall
not renew the license.
(2) A licensee shall maintain and keep all of the following
on the premises of the licensee:
(a) Records of all commercial deer that are held, purchased
or otherwise acquired, sold or otherwise transferred, or killed in
an authorized enclosure that is owned or leased by the licensee.
The records shall include the distinctive number that is assigned
to each commercial deer as required in division (C) of this
section.
(b) The name and address of a recipient or consignee of any
commercial deer that is raised by the licensee and the date on
which the person received or was consigned the commercial deer;
(c) Records that verify that each commercial deer that is
raised and sold by the licensee was purchased or otherwise
acquired from another commercial deer propagating licensee or from
a herd that is monitored by the United States department of
agriculture for chronic wasting disease or any other animal
disease;
(d) Herd and individual animal health certificates, including
certificates of veterinary inspection, and the results of any
tests performed under division (E) of this section.
(H) No commercial deer propagating licensee shall fail to
comply with this section.
Sec. 943.24. (A) Except as otherwise provided by rules, no
person shall hunt or offer for hunting any commercial deer except
in a licensed commercial deer hunting preserve. No person shall
own or operate a commercial deer hunting preserve without first
obtaining a license to do so issued by the director of agriculture
under this section.
(B) Application for a commercial deer hunting preserve
license shall be made on a form prescribed by the director and
shall be accompanied by an annual license fee of three hundred
dollars. The application shall contain a description of the lands
that constitute or will constitute the preserve and any other
information that is required by the director in rules.
(C) Except as otherwise provided in division (E) of this
section, the director, upon payment of the license fee, may issue
to an applicant a commercial deer hunting preserve license if both
of the following conditions are met:
(1) The commercial deer hunting preserve complies with or, in
the case of an application for an initial license, the applicant
has demonstrated to the director's satisfaction that the proposed
preserve will comply with section 943.25 of the Revised Code.
(2) The applicant is the owner or lessee of the land
described in the application and the applicant certifies that the
applicant will remain the owner or lessee of the land until the
license expires.
The director may establish terms and conditions of a license.
(D) A license issued under this section expires on the
fifteenth day of March of each year. A licensee wishing to
continue to own or operate a commercial deer hunting preserve
shall apply for a new license under this section.
(E) The director shall not issue a commercial deer hunting
preserve license to an applicant that owns or leases an authorized
enclosure that is not in compliance with division (B) of section
943.25 of the Revised Code.
(F) All money collected under this section shall be credited
to the commercial deer fund created in section 943.30 of the
Revised Code.
Sec. 943.25. (A) A commercial deer hunting preserve that is
licensed under section 943.24 of the Revised Code shall be not
less than eighty acres in area. A hunting preserve shall be
located in one continuous block of land, except that the block of
land may be intersected by highways or roads if the hunting
preserve was in operation prior to the effective date of this
section.
(B) Except for a hunting preserve that was in operation prior
to the effective date of this section, a commercial deer hunting
preserve licensee shall maintain or keep commercial deer in an
authorized enclosure.
The owner or lessee of a hunting preserve that was in
operation prior to the effective date of this section and that
wishes to operate in accordance with a license issued under
section 943.24 of the Revised Code shall comply with the fence
requirements established for authorized enclosures not later than
one year after the director has adopted rules under division (A)
of section 943.26 of the Revised Code.
(C) A licensee only shall release and allow to be hunted
within the confines of the licensee's commercial deer hunting
preserve either or both of the following:
(1) Deer that have been propagated by a person who holds a
commercial deer propagating license issued under section 943.22 of
the Revised Code;
(2) Deer that have been purchased from a herd that is
monitored by the United States department of agriculture for
chronic wasting disease or any other animal disease or that has
had animal tissue from ten per cent of all of the herd's
commercial deer that are twelve months of age or older and that
have died or thirty such deer, whichever is less, submitted to the
animal disease diagnostic laboratory in the department of
agriculture for chronic wasting disease.
A licensee shall allow to be hunted within the confines of
the licensee's commercial deer hunting preserve commercial deer,
without regard to sex, bag limit, or hunting season, by hunters
who have been authorized by the licensee to hunt on the preserve.
(D) If a commercial deer escapes or is missing from an
enclosure that is owned or leased by a licensee, the licensee
shall notify by telephone the director within a reasonable amount
of time after the licensee determines that the commercial deer has
escaped or is missing.
(E) A licensee shall dispose of the body of a commercial deer
that dies of a dangerously contagious or infectious disease, as
defined in section 941.01 of the Revised Code, in accordance with
section 941.14 of the Revised Code.
(F) No commercial deer hunting preserve licensee shall fail
to comply with this section.
Sec. 943.26. The director of agriculture shall adopt rules
in accordance with Chapter 119. of the Revised Code that do all of
the following:
(A) Compile a list of materials that must be used to
construct fences for authorized enclosures for the purposes of
sections 943.23 and 943.25 of the Revised Code. In adopting the
rules, the director shall consult with the animal and plant health
inspection service in the United States department of agriculture,
the department of natural resources, and representatives of the
Ohio cervid industry.
(B) Establish information that must be included in an
application for a license to own or operate a commercial deer
hunting preserve;
(C) Establish the amount of civil penalties that may be
assessed by the director under division (B) of section 943.29 of
the Revised Code for violation of section 943.22, 943.23, 943.24,
943.25, or 943.27 of the Revised Code;
(D) Any other requirements and procedures that are necessary
to administer and enforce sections 943.20 to 943.30 of the Revised
Code.
Sec. 943.27. No person shall do either of the following:
(A) Take a white-tailed deer from the wild into an authorized
enclosure that houses commercial deer;
(B) Knowingly release or knowingly fail to prevent the escape
of commercial deer from an authorized enclosure or other holding
area that is owned or leased by a commercial deer propagating
licensee or a commercial deer hunting preserve licensee.
Sec. 943.28. The director of agriculture or the director's
authorized representative may enter at reasonable times on the
premises of commercial deer propagating licensees and commercial
deer hunting preserve licensees to conduct investigations and
inspections or to otherwise execute duties that are necessary for
the administration and enforcement of sections 943.20 to 943.30 of
the Revised Code. If refused entry, the director or the director's
authorized representative may apply for and the court of common
pleas having jurisdiction may issue an appropriate warrant. With
regard to commercial deer propagating licensees, the director or
the director's authorized representative may examine and copy at
reasonable times any records that are required to be kept and
maintained by section 943.23 of the Revised Code.
Sec. 943.29. (A) The director of agriculture may propose to
require corrective actions and assess a civil penalty against a
commercial deer propagating licensee or a commercial deer hunting
preserve licensee if the director or the director's authorized
representative determines that the licensee is not in compliance
with section 943.22, 943.23, 943.24, 943.25, or 943.27 of the
Revised Code, as applicable, the terms and conditions of the
commercial deer propagating license or commercial deer hunting
preserve license, as applicable, or rules. However, the director
may impose a civil penalty only if all of the following occur:
(1) The licensee is notified in writing of the deficiencies
resulting in noncompliance, the actions that the licensee must
take to correct the deficiencies, and the time period within which
the licensee must correct the deficiencies and attain compliance.
(2) After the time period that is specified in the notice has
elapsed, the director or the director's authorized representative
has inspected the authorized enclosure that is owned or leased by
the licensee, determined that the licensee is still not in
compliance, and issued a notice of an adjudication hearing.
(3) The director affords the licensee an opportunity for an
adjudication hearing under Chapter 119. of the Revised Code
regarding the director's determination that the licensee is not in
compliance or the imposition of the civil penalty, or both.
However, the licensee may waive the right to an adjudication
hearing.
(B) If the opportunity for an adjudication hearing is waived
or if, after an adjudication hearing, the director determines that
a violation has occurred or is occurring, the director may issue
an order requiring compliance and assess a civil penalty. The
order and the assessment of the civil penalty may be appealed in
accordance with section 119.12 of the Revised Code.
A civil penalty assessed under this section shall be in an
amount established in rules. Each thirty-day period during which a
violation continues constitutes a separate violation, except that
for a violation of section 943.22, 943.23, 943.24, 943.25, or
943.27 of the Revised Code, each seven-day period during which a
violation continues constitutes a separate violation.
(C) If after the assessment of a civil penalty under division
(B) of this section a licensee continues to be in violation of
section 943.22, 943.23, 943.24, 943.25, or 943.27 of the Revised
Code, the terms and conditions of a license, or rules, the
director may conduct an adjudication hearing under Chapter 119. of
the Revised Code to suspend or revoke the licensee's license.
(D) All money collected under this section shall be credited
to the commercial deer fund created in section 943.30 of the
Revised Code.
Sec. 943.30. The commercial deer fund is hereby created in
the state treasury. The fund shall consist of money credited to it
under sections 943.20 to 943.30 of the Revised Code. The director
of agriculture shall use money in the fund to administer those
sections.
Section 2. That existing sections 901.511, 918.12, 943.01,
and 943.02 of the Revised Code are hereby repealed.
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