Bill Text: OH HB352 | 2011-2012 | 129th General Assembly | Introduced

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Bill Title: To prohibit the future acquisition of a dangerous exotic animal, to require a person owning a dangerous exotic animal on the act's effective date to register it with the Division of Wildlife, and to declare an emergency.

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Introduced - Dead) 2011-10-21 - To Agriculture & Natural Resources [HB352 Detail]

Download: Ohio-2011-HB352-Introduced.html

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As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 352

Representative Phillips 

Cosponsors: Representatives Antonio, Ashford, Garland, Letson, Murray, O'Brien, Ramos, Szollosi, Fedor, Goyal 

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A BILL

To amend section 1531.99 and to enact section 1531.40

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of the Revised Code to prohibit the future

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acquisition of a dangerous exotic animal, to

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require a person owning a dangerous exotic animal

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on the act's effective date to register it with

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the Division of Wildlife, and to declare an

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emergency.

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

Section 1.  That section 1531.99 be amended and section	8
1531.40 of the Revised Code be enacted to read as follows:	9

Sec. 1531.40.  (A) On and after the effective date of this	10
section, no person shall acquire by any means a dangerous exotic	11
animal.	12

(B) A person who owns a dangerous exotic animal on the	13
effective date of this section shall register the animal with the	14
division of wildlife not later than sixty days after that date. A	15
registration may be issued if both of the following apply:	16

(1) The person has not been convicted of an offense involving	17
the abuse or neglect of any animal pursuant to any local, state,	18
or federal law.	19

(2) The person has not had a license or permit regarding the	20
care, possession, exhibition, breeding, or sale of animals revoked	21
or suspended by any local, state, or federal agency.	22

The care and disposition of dangerous wild animals owned by a	23
person who is not eligible for a registration under this division	24
shall be conducted in accordance with rules adopted under this	25
section.	26

(C) The chief of the division of wildlife shall adopt rules	27
under section 1531.10 of the Revised Code that establish both of	28
the following:	29

(1) A requirement that the owner of a dangerous exotic animal	30
who registered the animal under division (B) of this section have	31
the animal microchipped, and requirements and procedures governing	32
that microchipping;	33

(2) Any other requirements and procedures that are necessary	34
to administer this section, including requirements governing the	35
disposition of dangerous exotic animals owned by persons who are	36
not eligible for registration under division (B) of this section.	37

(D) This section does not apply to any of the following:

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(1) The division of wildlife;

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(2) A facility that is an accredited member of the American	40
zoo and aquarium association or that is under mentorship of the	41
association;	42

(3) An accredited member of the American zoo and aquarium	43
association or an entity that is under mentorship of the	44
association that is conducting educational or other activities	45
with dangerous exotic animals outside of the facility that is	46
operated by the member;	47

(4) A humane society;

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(5) A veterinary hospital or clinic;

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(6) A wildlife sanctuary;

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(7) A research facility as defined in the "Animal Welfare Act	51
of 1966," 80 Stat. 350, 7 U.S.C. 2131, as amended;	52

(8) A vocational school, college, university, or other	53
educational institution;	54

(9) A traveling public show or circus that uses dangerous	55
exotic animals as an integral part of the show or circus	56
performance and that keeps the animals in this state only during	57
the time period when the traveling public show or circus is	58
performing in this state;	59

(10) An individual who does not reside in this state and is	60
traveling through this state with a dangerous exotic animal, who	61
has the animal confined in a cage at all times, and who is in this	62
state not more than ninety-six hours;	63

(11) A law enforcement agency;

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(12) Any other entity designated by the chief in rules	65
adopted under this section.	66

(E) As used in this section:

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(1) "Dangerous exotic animal" means any of the following:

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(a) A large cat other than a cat commonly known as a house	69
cat;	70

(b) A nonhuman primate, except a nonhuman primate that	71
provides support or assistance for a mobility impaired person;	72

(c) An alligator;

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(d) A crocodile;

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(e) A constricting snake;

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(f) A venomous snake;

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(g) Any other animal designated by the chief in rules adopted	77
under this section.	78

(2) "Humane society" means an organization that is organized	79
under section 1717.05 of the Revised Code.	80

(3) "Wildlife sanctuary" means a nonprofit organization as	81
described in section 170 of the "Internal Revenue Code of 1986,"	82
100 Stat. 2085, 26 U.S.C. 170, as amended, that operates a place	83
of refuge where abused, neglected, unwanted, impounded, abandoned,	84
orphaned, or displaced dangerous exotic animals are provided care	85
for their lifetime or released back to their natural habitat and,	86
with respect to an animal possessed by the organization, that does	87
not do any of the following:	88

(a) Use the animal for any type of entertainment;

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(b) Sell, trade, or barter the animal or the animal's body	90
parts;	91

(c) Breed the animal.

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Sec. 1531.99.  (A) Whoever violates section 1531.02 of the	93
Revised Code, or any division rule, other than a rule adopted	94
under section 1531.25 of the Revised Code, is guilty of a	95
misdemeanor of the fourth degree.	96

(B) Whoever violates section 1531.02 of the Revised Code	97
concerning the taking or possession of deer or violates division	98
(K) of section 1531.06 or section 1531.07 or 1531.29 of the	99
Revised Code is guilty of a misdemeanor of the third degree on a	100
first offense; on each subsequent offense, that person is guilty	101
of a misdemeanor of the first degree.	102

(C) Whoever violates section 1531.25 of the Revised Code is	103
guilty of a misdemeanor of the first degree.	104

(D) Whoever violates section 1531.02 of the Revised Code	105
concerning the buying, selling, or offering for sale of any wild	106
animals or parts of wild animals, the minimum value of which	107
animals or parts, in the aggregate, is one thousand dollars or	108
more as established under section 1531.201 of the Revised Code, is	109
guilty of a felony of the fifth degree.	110

(E) Whoever violates section 1531.40 of the Revised Code is	111
guilty of a misdemeanor of the first degree on a first offense and	112
a felony of the fifth degree on each subsequent offense.	113

(F) A court that imposes sentence for a violation of any	114
section of this chapter governing the holding, taking, buying,	115
selling, or possession of wild animals, including, without	116
limitation, section 1531.11 of the Revised Code, may require the	117
person who is convicted of or pleads guilty to the offense, in	118
addition to any fine, term of imprisonment, seizure, and	119
forfeiture imposed, to make restitution for the minimum value of	120
the wild animal illegally held, taken, bought, sold, or possessed	121
as established under section 1531.201 of the Revised Code. An	122
officer who collects moneys paid as restitution under this section	123
shall pay those moneys to the treasurer of state who shall deposit	124
them in the state treasury to the credit of the wildlife fund	125
established under section 1531.17 of the Revised Code.	126

Section 2.  That existing section 1531.99 of the Revised Code	127
is hereby repealed.	128

Section 3.  Division (B) of section 1531.40 of the Revised	129
Code, as enacted by this act, does not apply until the	130
ninety-first day after the effective date of this act.	131

Section 4.  This act is hereby declared to be an emergency	132
measure necessary for the immediate preservation of the public	133
peace, health, and safety. The reason for such necessity is the	134
need to protect the citizens of the state from injury or harm	135
caused by dangerous exotic animals. Therefore, this act shall go	136
into immediate effect.	137