Regards possession of certain animals for commercial purposes

hb947_00_IN

As Introduced

136th
General Assembly

Regular
Session
H. B. No. 947

2025-2026

Representatives Creech, Thomas, D.

To
amend section 1533.99 and to enact section 1533.711 of the Revised
Code
to
establish requirements related to the possession of certain animals
for commercial purposes.

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

Section
1.
That
section 1533.99 be amended and section 1533.711 of the Revised Code
be enacted to read as follows:

Sec.
1533.711.
(A)
As used in this section:

(1)
"Appropriate facility" means any of the following:

(a)
A facility that is an accredited member of the association of zoos
and aquariums;

(b)
An individual or facility holding a valid wildlife rehabilitation
permit issued under section 1533.08 of the Revised Code;

(c)
A rescue facility.

(2)
"Commercial purposes" means, for financial gain or profit,
to possess, raise, propagate, or sell a covered animal.

(3)
"Covered animal" means any of the following animals:

(a)
A fur-bearing animal and any hybrid thereof;

(b)
A rabbit and any hybrid thereof, if the rabbit is possessed, raised,
propagated, or sold primarily for the value of its fur;

(c)
A wolf hybrid.

(4)
"Federal animal welfare act" has the same meaning as in
section 959.131 of the Revised Code.

(5)
"Rescue facility" means a nonprofit organization that is
organized under 26 U.S.C. 501(c)(3) and that operates a place of
refuge where abused, neglected, unwanted, impounded, abandoned,
orphaned, or displaced animals are provided care for their lifetime
or released back to their natural habitat. "Rescue facility"
does not include an organization that does any of the following:

(a)
Sells, trades, or barters animals or animal body parts;

(b)
Uses animals in any manner for profit;

(c)
Breeds animals;

(d)
Allows the public the opportunity to come into physical contact with
an animal.

(6)
"Wolf" means an animal of the species Canis rufus or Canis
lupus, but does not include a domestic dog (Canis lupus familiaris).

(7)
"Wolf-dog" is a canid hybrid produced by the mating of a
domestic dog with a wolf.

(8)
"Wolf hybrid" means a wolf-dog or a canid resulting from
the breeding of any of the following:

(a)
A wolf-dog with a wolf;

(b)
A wolf-dog with a domestic dog;

(c)
A wolf-dog with a wolf-dog.

(B)
In addition to obtaining any license or permit required under this
chapter or any other provision of law, no person who possesses,
raises, propagates, or sells any live covered animal for commercial
purposes shall recklessly fail to do any of the following:

(1)
Beginning ninety days after the chief of the division of wildlife
adopts rules under division (D) of this section, comply with those
rules;

(2)
Comply with the recordkeeping requirements established under division
(E) of this section;

(3)
Obtain and maintain a current and valid United States department of
agriculture license pursuant to the federal animal welfare act, if
required under that act.

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

(1)
Research facilities, as defined in the federal animal welfare act;

(2)
A person who possesses a valid class C exhibitor license in good
standing issued by the United States department of agriculture under
the federal animal welfare act;

(3)
With respect to dogs only, a person that is regulated by the director
of agriculture under Chapter 956. of the Revised Code;

(4)
A veterinary business facility that is licensed under Chapter 4741.
of the Revised Code;

(5)
A veterinarian that is licensed under Chapter 4741. of the Revised
Code when acting within the scope of the veterinarian's license;

(6)
A law enforcement officer when acting in accordance with the
officer's official duties;

(7)
A person transporting a legally owned covered animal through the
state if the transit time is not more than forty-eight hours, the
animal is not exhibited, and the animal is maintained at all times in
a species-appropriate cage or travel container.

(D)
Not later than one year after the effective date of this section, the
chief shall adopt rules in accordance with Chapter 119. of the
Revised Code that establish requirements and procedures for
possessing, raising, propagating, and selling live covered animals
for commercial purposes. The rules shall include both of the
following:

(1)
Requirements to ensure the health and safety of live covered animals
and the public, including a requirement that facilities and
enclosures for live covered animals are constructed in a manner to
minimize escape;

(2)
Requirements and procedures governing disease prevention, including
weekly disinfection of enclosures; biological waste disposal
procedures; regular vaccinations as recommended by a veterinarian
licensed under Chapter 4741. of the Revised Code; and monthly testing
for and reporting of diseases, including SARS-CoV-2, avian influenza
H5N1, and other pathogens that pose a risk to animal and human
health.

(E)
Any person who possesses, raises, propagates, or sells live covered
animals for commercial purposes shall maintain records of all of the
following regarding each covered animal:

(1)
The scientific and common names of the animal, including the species;

(2)
The name and address of the person from whom the animal was purchased
or otherwise acquired, if applicable;

(3)
The date on which the animal was acquired, if applicable;

(4)
If the person propagated the animal, the date of birth of the animal;

(5)
The name and address of the person to whom the animal was sold or
otherwise transferred, if applicable;

(6)
The date on which the animal died or escaped, if applicable.

The
person shall permanently keep the records on the premises where the
covered animal is possessed and shall ensure the records are open for
inspection by any authorized representative of the division of
wildlife at all reasonable times.

(F)(1)
At least once annually, the chief or the chief's designee, at a
reasonable time, may enter any premises at which a covered animal is
possessed, raised, propagated, or sold for commercial purposes to
ensure compliance with this section and the rules adopted under it.
The chief or the chief's designee shall do so only with the consent
of the owner of the premises.

(2)
If the chief or the chief's designee is denied access to any such
premises, and reasonably suspects that the person is not in
compliance with this section or the rules adopted under it, the chief
may apply to a court of competent jurisdiction in the county in which
the premises is located for a search warrant authorizing access to
the premises.

(3)
The court may issue the search warrant for the purposes requested if
there is probable cause to believe that the person is not in
compliance with this section or the rules adopted under it. The
finding of probable cause may be based on hearsay, provided that
there is a substantial basis for believing that the source of the
hearsay is credible and there is a factual basis for the information
furnished.

(4)
The chief shall create and maintain written reports of each
inspection and those reports shall be made available to the public as
provided in section 149.43 of the Revised Code.

(5)
If evidence is found during an inspection of a violation of Chapter
959. of the Revised Code, the chief or the chief's designee shall
notify the appropriate county humane society organized under section
1717.05 of the Revised Code.

(G)(1)
If the chief determines that a person has violated or is violating
this section or the rules adopted under it, the chief may issue and
cause to be served, by certified mail or personal service, a citation
for violation and a notice requiring the person to take corrective
actions to eliminate the conditions that constitute a violation of
this section or the rules adopted under it.

The
notice shall state all of the following:

(a)
The provision or provisions of this section or the rules adopted
under this section that have been violated and the facts constituting
the violation;

(b)
The actions that the person must take to correct the deficiencies;

(c)
A time period of not more than ten days within which the person must
correct the violation. The chief shall not extend the time period for
correcting the violation or issue a new citation for the same
violation.

The
chief shall not issue a notice for corrective action in circumstances
in which a covered animal's life is in immediate danger.

(2)
The attorney general, upon request of the chief, shall bring an
action for injunction against any person who violates this section or
the rules adopted under it. The attorney general shall bring the
action in a court of competent jurisdiction in the county in which
the violation occurred. The court has jurisdiction to and may grant
preliminary and permanent injunctive relief upon a showing that the
person against whom the action is brought has recklessly violated
this section or the rules adopted under it.

(3)
The chief or the chief's designee may seize and cause to be impounded
a covered animal if there is probable cause to believe that a
violation of this section or the rules adopted under it has occurred.
The seized animal may be temporarily placed with an appropriate
facility.

(4)
After seizing and impounding a covered animal, the chief or the
chief's designee shall do both of the following:

(a)
Within twenty-four hours of the seizure and impoundment, give written
notice of the seizure and impoundment to the possessor of the covered
animal;

(b)
Within seventy-two hours of the seizure and impoundment, petition a
court of competent jurisdiction in the county where the covered
animal was seized or impounded for a hearing to determine whether
this section or the rules adopted under it have been violated.

(5)
If the person from whom the covered animal is seized pleads guilty
to, or is convicted of, a violation of this section or the rules
adopted under it, the court may order the covered animal to be
forfeited by the person and placed in the permanent custody of an
appropriate facility or, if no other humane alternative is available,
humanely euthanized.

(H)
A municipal corporation may adopt and enforce ordinances relating to
the possession, raising, propagating, or sale of covered animals for
commercial purposes that are more stringent than the requirements
established by this section and the rules adopted under it.

Sec.
1533.99.
(A)
Whoever violates section 1533.17 of the Revised Code is guilty of a
misdemeanor of the third degree on a first offense and a misdemeanor
of the second degree on each subsequent offense. In addition to any
other sanction imposed under this division, on a second or subsequent
offense occurring within a period of three consecutive years after
the date of conviction of the immediately preceding violation of that
section any firearms or other hunting implements in the possession or
under the control of the offender at the time of the violation are
subject to seizure in accordance with section 1531.20 of the Revised
Code. If the offender persists in the offense after reasonable
warning or request to desist, the offender is guilty of a misdemeanor
of the second degree.

(B)
Whoever violates section 1533.161, 1533.23, 1533.24, 1533.301,
1533.40, 1533.41, 1533.45, 1533.48, 1533.511, 1533.55, 1533.56,
1533.58, 1533.62, 1533.631, 1533.66, 1533.71, 1533.72, 1533.73,
1533.74, 1533.76, 1533.77, or 1533.79, division (J) of section
1533.731, or division (B) or (C) of section 1533.97 of the Revised
Code is guilty of a misdemeanor of the third degree.

(C)
Whoever violates division (B) of section 1533.03, section 1533.07,
1533.171, 1533.34, 1533.341, 1533.342, 1533.35, 1533.42, 1533.51,
1533.63, 1533.64, 1533.67, 1533.68, 1533.721, 1533.881, or 1533.882,
division (B)(2), (3), or (4) of section 1533.731, or division (A) of
section 1533.97 of the Revised Code is guilty of a misdemeanor of the
first degree.

(D)
Whoever violates division (D) of section 1533.97 of the Revised Code
is guilty of a misdemeanor of the fourth degree. The court shall
require any person who is convicted of or pleads guilty to the
offense to refund to all participants in the fishing tournament
operated by the person any entry fees paid by the participants.

(E)
Whoever violates division (C) or (D) of section 1533.632 of the
Revised Code is guilty of a felony of the fifth degree.

(F)
Whoever violates any section of this chapter for which no penalty is
otherwise provided is guilty of a misdemeanor of the fourth degree.
This division does not apply to division (A) of section 1533.751 of
the Revised Code.

(G)
A court that imposes sentence for a violation of any section of this
chapter governing the holding, taking, or possession of wild animals
may require the person who is convicted of or pleads guilty to the
offense, in addition to any fine, term of imprisonment, seizure, and
forfeiture imposed, to make restitution for the minimum value of the
wild animal or animals illegally held, taken, or possessed as
established under section 1531.201 of the Revised Code. An officer
who collects moneys paid as restitution under this section shall pay
those moneys to the treasurer of state who shall deposit them in the
state treasury to the credit of the wildlife fund established under
section 1531.17 of the Revised Code.

(H)
Except as otherwise provided in this division, whoever violates
section 1533.75 of the Revised Code is guilty of a misdemeanor of the
first degree. Whoever violates that section when the violation
involves the importing or releasing of a wild boar or feral swine is
guilty of a felony of the fifth degree. In addition to any other
penalty, the court shall require any person who is convicted of or
pleads guilty to a violation of that section to pay the costs
incurred by any state or federal agency for the investigation,
control, and eradication of wild boar or feral swine that resulted
from the violation. Money paid to the division of wildlife shall be
credited to the wildlife fund established under section 1531.17 of
the Revised Code.

(I)(1)
Whoever violates section 1533.711 of the Revised Code or the rules
adopted under it is guilty of a misdemeanor of the first degree. Each
covered animal possessed, raised, propagated, or sold for commercial
purposes in violation of that section or the rules adopted under it
shall constitute a separate violation.

(2)
Upon conviction of a violation of section 1533.711 of the Revised
Code or the rules adopted under it, the court may suspend or revoke
any license or permit issued to the person under this chapter,
including a license issued under section 1533.71 of the Revised Code.

Section
2.
That
existing section 1533.99 of the Revised Code is hereby repealed.