The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
Sub. H. B. No. 420 As Reported by the House Agriculture and Natural Resources CommitteeAs Reported by the House Agriculture and Natural Resources Committee
|129th General Assembly|
Representatives Peterson, Stinziano
Representatives McClain, Grossman, Henne, McGregor, Ruhl, Combs, Hagan, C., Hill, Stebelton, Garland, Roegner, Clyde, Buchy
To enact section 1531.40 of the Revised Code to
require commercial nuisance wild animal control
operators that provide nuisance wild animal
removal or control services to be licensed by the
Chief of the Division of Wildlife.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 1531.40 of the Revised Code be
enacted to read as follows:
Sec. 1531.40. (A) As used in this section:
(1) "Nuisance wild animal" means a wild animal that
interferes with the use or enjoyment of property, is causing a
threat to public safety, or may cause damage or harm to a
structure, property, or person.
(2) "Commercial nuisance wild animal control operator" means
an individual or business that provides nuisance wild animal
removal or control services for hire to the owner, the operator,
or the owner's or operator's authorized agent of property or a
(B)(1) No person shall provide nuisance wild animal removal
or control services for hire without obtaining a license under
this section from the chief of the division of wildlife.
(2) An applicant shall pay a license fee of forty dollars for
the license. The license shall be renewed annually prior to the
first day of March and shall expire on the last day of February.
All money collected under this division shall be deposited in the
state treasury to the credit of the wildlife fund created in
section 1531.17 of the Revised Code.
(3) An individual who is providing nuisance wild animal
removal or control services for hire under a license issued under
this section is exempt from obtaining a hunting license under
section 1533.10 of the Revised Code, a fur taker permit under
section 1533.111 of the Revised Code, or a fishing license under
section 1533.32 of the Revised Code for the purposes of performing
(4) An individual who is employed by the state, a county, or
a municipal corporation and who performs nuisance wild animal
removal or control services on land that is owned by the state,
county, or municipal corporation, as applicable, as part of the
individual's employment is exempt from obtaining a license under
(C)(1) Unless otherwise specified by division rule, a
commercial nuisance wild animal control operator and any
individual who is employed by an operator that is engaged in
activities that are part of or related to the removal or control
of nuisance wild animals, including setting or maintaining traps,
shall obtain a certification of completion of a course of
instruction that complies with rules adopted under division (F) of
this section. A certification shall be renewed every three years.
(2) An individual who provides nuisance wild animal removal
or control services under a license issued under this section
shall comply with division (C)(1) of this section.
(D) An operator that holds a license issued under this
section is responsible for the acts of each of the operator's
employees in the removal or control of a nuisance wild animal.
(E) If an individual who is licensed under this section uses
a pesticide in the removal or control of a nuisance wild animal,
the individual shall obtain the appropriate license under Chapter
921. of the Revised Code.
(F) The chief shall adopt rules under section 1531.10 of the
Revised Code establishing all of the following:
(1) Appropriate methods for trapping, capturing, removing,
relocating, and controlling nuisance wild animals by operators
licensed under this section;
(2) Procedures for issuing, denying, suspending, and revoking
a license under this section;
(3) Requirements governing the certification course required
by division (C)(1) of this section. The rules shall specify the
minimum contents of such a course, including public safety and
health, animal life history, the use of nuisance wild animal
removal and control devices, and the laws and rules governing
those activities. The rules also shall specify who may conduct
such a course. The rules shall require that, in order for an
operator to receive a certification of completion, the operator
shall pass an examination.
(4) Any other requirements and procedures necessary to
administer and enforce this section.
Rules shall be adopted under division (F) of this section
only with the approval of the director of natural resources.
(G) In accordance with Chapter 119. of the Revised Code and
with rules adopted under this section, the chief may suspend or
revoke a license issued under this section if the chief finds that
the holder of the license is violating or has violated this
chapter, Chapter 1533. of the Revised Code, or rules adopted under