As Introduced

126th General Assembly Regular Session 2005-2006

H. B. No. 606

Representatives Hughes, Beatty, Webster, Stewart, D., Widowfield, Trakas, McGregor, J., Combs, Yuko, Evans, C., Williams, Setzer, Stewart, J., Carano, Hagan, Flowers, Coley, Distel, Blessing, Chandler, Hartnett, DeGeeter, Sayre, Perry, Wolpert, Cassell, Skindell, Peterson, Strahorn, Smith, G., Seitz, Hoops, Schaffer, Kilbane, Ujvagi 

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A BILL

To amend sections 121.08, 301.28, 955.013, 955.03,

1

955.05, 955.07, 955.10, 955.12, 955.14, 955.20,

2

955.21, and 1901.183, to enact sections 4780.01 to

3

4780.18, 4780.20, 4780.98, and 4780.99, and to

4

repeal sections 955.02 and 955.04 of the Revised

5

Code to establish licensing requirements and

6

standards of care for commercial dog kennels,

7

commercial dog intermediaries, animal rescues, and

8

animal shelters.

9

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

Section 1.  That sections 121.08, 301.28, 955.013, 955.03,	10
955.05, 955.07, 955.10, 955.12, 955.14, 955.20, 955.21, and	11
1901.183 be amended and sections 4780.01, 4780.02, 4780.03,	12
4780.04, 4780.05, 4780.06, 4780.07, 4780.08, 4780.09, 4780.10,	13
4780.11, 4780.12, 4780.13, 4780.14, 4780.15, 4780.16, 4780.17,	14
4780.18, 4780.20, 4780.98, and 4780.99 of the Revised Code be	15
enacted to read as follows:	16

Sec. 121.08.  (A) There is hereby created in the department	17
of commerce the position of deputy director of administration.	18
This officer shall be appointed by the director of commerce, serve	19
under the director's direction, supervision, and control, perform	20
the duties the director prescribes, and hold office during the	21
director's pleasure. The director of commerce may designate an	22
assistant director of commerce to serve as the deputy director of	23
administration. The deputy director of administration shall	24
perform the duties prescribed by the director of commerce in	25
supervising the activities of the division of administration of	26
the department of commerce.	27

(B) Except as provided in section 121.07 of the Revised Code,	28
the department of commerce shall have all powers and perform all	29
duties vested in the deputy director of administration, the state	30
fire marshal, the superintendent of financial institutions, the	31
superintendent of real estate and professional licensing, the	32
superintendent of liquor control, the superintendent of the	33
division of industrial compliance, the superintendent of labor and	34
worker safety, and the commissioner of securities, and the	35
superintendent of the commercial kennel control authority and	36
shall have all powers and perform all duties vested by law in all	37
officers, deputies, and employees of those offices. Except as	38
provided in section 121.07 of the Revised Code, wherever powers	39
are conferred or duties imposed upon any of those officers, the	40
powers and duties shall be construed as vested in the department	41
of commerce.	42

(C)(1) There is hereby created in the department of commerce	43
a division of financial institutions, which shall have all powers	44
and perform all duties vested by law in the superintendent of	45
financial institutions. Wherever powers are conferred or duties	46
imposed upon the superintendent of financial institutions, those	47
powers and duties shall be construed as vested in the division of	48
financial institutions. The division of financial institutions	49
shall be administered by a superintendent of financial	50
institutions.	51

(2) All provisions of law governing the superintendent of	52
financial institutions shall apply to and govern the	53
superintendent of financial institutions provided for in this	54
section; all authority vested by law in the superintendent of	55
financial institutions with respect to the management of the	56
division of financial institutions shall be construed as vested in	57
the superintendent of financial institutions created by this	58
section with respect to the division of financial institutions	59
provided for in this section; and all rights, privileges, and	60
emoluments conferred by law upon the superintendent of financial	61
institutions shall be construed as conferred upon the	62
superintendent of financial institutions as head of the division	63
of financial institutions. The director of commerce shall not	64
transfer from the division of financial institutions any of the	65
functions specified in division (C)(2) of this section.	66

(D) There is hereby created in the department of commerce a	67
division of liquor control, which shall have all powers and	68
perform all duties vested by law in the superintendent of liquor	69
control. Wherever powers are conferred or duties are imposed upon	70
the superintendent of liquor control, those powers and duties	71
shall be construed as vested in the division of liquor control.	72
The division of liquor control shall be administered by a	73
superintendent of liquor control.	74

(E) The director of commerce shall not be interested,	75
directly or indirectly, in any firm or corporation whichthat is a	76
dealer in securities as defined in sections 1707.01 and 1707.14 of	77
the Revised Code, or in any firm or corporation licensed under	78
sections 1321.01 to 1321.19 of the Revised Code.	79

(F) The director of commerce shall not have any official	80
connection with a savings and loan association, a savings bank, a	81
bank, a bank holding company, a savings and loan association	82
holding company, a consumer finance company, or a credit union	83
that is under the supervision of the division of financial	84
institutions, or a subsidiary of any of the preceding entities, or	85
be interested in the business thereof.	86

(G) There is hereby created in the state treasury the	87
division of administration fund. The fund shall receive	88
assessments on the operating funds of the department of commerce	89
in accordance with procedures prescribed by the director of	90
commerce and approved by the director of budget and management.	91
All operating expenses of the division of administration shall be	92
paid from the division of administration fund.	93

(H) There is hereby created in the department of commerce a	94
division of real estate and professional licensing, which shall be	95
under the control and supervision of the director of commerce. The	96
division of real estate and professional licensing shall be	97
administered by a superintendent of real estate and professional	98
licensing. The superintendent of real estate and professional	99
licensing shall exercise the powers and perform the functions and	100
duties delegated to the superintendent under Chapters 4735.,	101
4763., and 4767. of the Revised Code.	102

(I) There is hereby created in the department of commerce a	103
division of labor and worker safety, which shall have all powers	104
and perform all duties vested by law in the superintendent of	105
labor and worker safety. Wherever powers are conferred or duties	106
imposed upon the superintendent of labor and worker safety, those	107
powers and duties shall be construed as vested in the division of	108
labor and worker safety. The division of labor and worker safety	109
shall be under the control and supervision of the director of	110
commerce and be administered by a superintendent of labor and	111
worker safety. The superintendent of labor and worker safety shall	112
exercise the powers and perform the duties delegated to the	113
superintendent by the director under Chapters 4109., 4111., and	114
4115. of the Revised Code.	115

(J) The department of commerce or a division of the	116
department created by the Revised Code that is acting with	117
authorization on the department's behalf may request from the	118
bureau of criminal identification and investigation pursuant to	119
section 109.572 of the Revised Code, or coordinate with	120
appropriate federal, state, and local government agencies to	121
accomplish, criminal records checks for the persons whose	122
identities are required to be disclosed by an applicant for the	123
issuance or transfer of a permit, license, or certification issued	124
or transferred by the department or division. At or before the	125
time of making a request for a criminal records check, the	126
department or division may require any person whose identity is	127
required to be disclosed by an applicant for the issuance or	128
transfer of such a license, permit, or certification to submit to	129
the department or division valid fingerprint impressions in a	130
format and by any media or means acceptable to the bureau of	131
criminal identification and investigation and, when applicable,	132
the federal bureau of investigation. The department or division	133
may cause the bureau of criminal identification and investigation	134
to conduct a criminal records check through the federal bureau of	135
investigation only if the person for whom the criminal records	136
check would be conducted resides or works outside of this state or	137
has resided or worked outside of this state during the preceding	138
five years, or if a criminal records check conducted by the bureau	139
of criminal identification and investigation within this state	140
indicates that the person may have a criminal record outside of	141
this state.	142

In the case of a criminal records check under section 109.572	143
of the Revised Code, the department or division shall forward to	144
the bureau of criminal identification and investigation the	145
requisite form, fingerprint impressions, and fee described in	146
division (C) of that section. When requested by the department or	147
division in accordance with this section, the bureau of criminal	148
identification and investigation shall request from the federal	149
bureau of investigation any information it has with respect to the	150
person who is the subject of the requested criminal records check	151
and shall forward the requisite fingerprint impressions and	152
information to the federal bureau of investigation for that	153
criminal records check. After conducting a criminal records check	154
or receiving the results of a criminal records check from the	155
federal bureau of investigation, the bureau of criminal	156
identification and investigation shall provide the results to the	157
department or division.	158

The department or division may require any person about whom	159
a criminal records check is requested to pay to the department or	160
division the amount necessary to cover the fee charged to the	161
department or division by the bureau of criminal identification	162
and investigation under division (C)(3) of section 109.572 of the	163
Revised Code, including, when applicable, any fee for a criminal	164
records check conducted by the federal bureau of investigation.	165

Sec. 301.28.  (A) As used in this section:

166

(1) "Financial transaction device" includes a credit card,	167
debit card, charge card, or prepaid or stored value card.	168

(2) "County expenses" includes fees, costs, taxes,	169
assessments, fines, penalties, payments, or any other expense a	170
person owes to a county office under the authority of a county	171
elected official other than dog registration and kennel fees	172
required to be paid under Chapter 955. of the Revised Code.	173

(3) "County elected official" includes the county auditor,	174
county treasurer, county engineer, county recorder, county	175
prosecuting attorney, county sheriff, and county coroner, and the	176
clerk of the court of common pleas, the clerk of a county-operated	177
municipal court, and the clerk of a county court.	178

(B) Notwithstanding any other section of the Revised Code and	179
except as provided in division (D) of this section, a board of	180
county commissioners may adopt a resolution authorizing the	181
acceptance of payments by financial transaction devices for county	182
expenses. The resolution shall include the following:	183

(1) A specification of those county elected officials who are	184
authorized to accept payments by financial transaction devices;	185

(2) A list of county expenses that may be paid for through	186
the use of a financial transaction device;	187

(3) Specific identification of financial transaction devices	188
that the board authorizes as acceptable means of payment for	189
county expenses. Uniform acceptance of financial transaction	190
devices among different types of county expenses is not required.	191

(4) The amount, if any, authorized as a surcharge or	192
convenience fee under division (E) of this section for persons	193
using a financial transaction device. Uniform application of	194
surcharges or convenience fees among different types of county	195
expenses is not required.	196

(5) A specific provision as provided in division (G) of this	197
section requiring the payment of a penalty if a payment made by	198
means of a financial transaction device is returned or dishonored	199
for any reason.	200

The board's resolution shall also designate the county	201
treasurer as an administrative agent to solicit proposals, within	202
guidelines established by the board in the resolution and in	203
compliance with the procedures provided in division (C) of this	204
section, from financial institutions, issuers of financial	205
transaction devices, and processors of financial transaction	206
devices, to make recommendations about those proposals to the	207
board, and to assist county offices in implementing the county's	208
financial transaction devices program. The county treasurer may	209
decline this responsibility within thirty days after receiving a	210
copy of the board's resolution by notifying the board in writing	211
within that period. If the treasurer so notifies the board, the	212
board shall perform the duties of the administrative agent.	213

If the county treasurer is the administrative agent and fails	214
to administer the county financial transaction devices program in	215
accordance with the guidelines in the board's resolution, the	216
board shall notify the treasurer in writing of the board's	217
findings, explain the failures, and give the treasurer six months	218
to correct the failures. If the treasurer fails to make the	219
appropriate corrections within that six-month period, the board	220
may pass a resolution declaring the board to be the administrative	221
agent. The board may later rescind that resolution at its	222
discretion.	223

(C) The county shall follow the procedures provided in this	224
division whenever it plans to contract with financial	225
institutions, issuers of financial transaction devices, or	226
processors of financial transaction devices for the purposes of	227
this section. The administrative agent shall request proposals	228
from at least three financial institutions, issuers of financial	229
transaction devices, or processors of financial transaction	230
devices, as appropriate in accordance with the resolution adopted	231
under division (B) of this section. Prior to sending any financial	232
institution, issuer, or processor a copy of any such request, the	233
county shall advertise its intent to request proposals in a	234
newspaper of general circulation in the county once a week for two	235
consecutive weeks. The notice shall state that the county intends	236
to request proposals; specify the purpose of the request; indicate	237
the date, which shall be at least ten days after the second	238
publication, on which the request for proposals will be mailed to	239
financial institutions, issuers, or processors; and require that	240
any financial institution, issuer, or processor, whichever is	241
appropriate, interested in receiving the request for proposals	242
submit written notice of this interest to the county not later	243
than noon of the day on which the request for proposals will be	244
mailed.	245

Upon receiving the proposals, the administrative agent shall	246
review them and make a recommendation to the board of county	247
commissioners on which proposals to accept. The board of county	248
commissioners shall consider the agent's recommendation and review	249
all proposals submitted, and then may choose to contract with any	250
or all of the entities submitting proposals, as appropriate. The	251
board shall provide any financial institution, issuer, or	252
processor that submitted a proposal, but with which the board does	253
not enter into a contract, notice that its proposal is rejected.	254
The notice shall state the reasons for the rejection, indicate	255
whose proposals were accepted, and provide a copy of the terms and	256
conditions of the successful bids.	257

(D) A board of county commissioners adopting a resolution	258
under this section shall send a copy of the resolution to each	259
county elected official in the county who is authorized by the	260
resolution to accept payments by financial transaction devices.	261
After receiving the resolution and before accepting payments by	262
financial transaction devices, a county elected official shall	263
provide written notification to the board of county commissioners	264
of the official's intent to implement the resolution within the	265
official's office. Each county office subject to the board's	266
resolution adopted under division (B) of this section may use only	267
the financial institutions, issuers of financial transaction	268
devices, and processors of financial transaction devices with	269
which the board of county commissioners contracts, and each such	270
office is subject to the terms of those contracts.	271

If a county office under the authority of a county elected	272
official is directly responsible for collecting one or more county	273
expenses and the county elected official determines not to accept	274
payments by financial transaction devices for one or more of those	275
expenses, the office shall not be required to accept payments by	276
financial transaction devices, notwithstanding the adoption of a	277
resolution by the board of county commissioners under this	278
section.	279

Any office of a clerk of the court of common pleas that	280
accepts financial transaction devices on or before July 1, 1999,	281
and any other county office that accepted such devices before	282
January 1, 1998, may continue to accept such devices without being	283
subject to any resolution passed by the board of county	284
commissioners under division (B) of this section, or any other	285
oversight by the board of the office's financial transaction	286
devices program. Any such office may use surcharges or convenience	287
fees in any manner the county elected official in charge of the	288
office determines to be appropriate, and, if the county treasurer	289
consents, may appoint the county treasurer to be the office's	290
administrative agent for purposes of accepting financial	291
transaction devices. In order not to be subject to the resolution	292
of the board of county commissioners adopted under division (B) of	293
this section, a county office shall notify the board in writing	294
within thirty days after March 30, 1999, that it accepted	295
financial transaction devices prior to January 1, 1998, or, in the	296
case of the office of a clerk of the court of common pleas, the	297
clerk has accepted or will accept such devices on or before July	298
1, 1999. Each such notification shall explain how processing costs	299
associated with financial transaction devices are being paid and	300
shall indicate whether surcharge or convenience fees are being	301
passed on to consumers.	302

(E) A board of county commissioners may establish a surcharge	303
or convenience fee that may be imposed upon a person making	304
payment by a financial transaction device. The surcharge or	305
convenience fee shall not be imposed unless authorized or	306
otherwise permitted by the rules prescribed by an agreement	307
governing the use and acceptance of the financial transaction	308
device.	309

If a surcharge or convenience fee is imposed, every county	310
office accepting payment by a financial transaction device,	311
regardless of whether that office is subject to a resolution	312
adopted by a board of county commissioners, shall clearly post a	313
notice in that office and shall notify each person making a	314
payment by such a device about the surcharge or fee. Notice to	315
each person making a payment shall be provided regardless of the	316
medium used to make the payment and in a manner appropriate to	317
that medium. Each notice shall include all of the following:	318

(1) A statement that there is a surcharge or convenience fee	319
for using a financial transaction device;	320

(2) The total amount of the charge or fee expressed in	321
dollars and cents for each transaction, or the rate of the charge	322
or fee expressed as a percentage of the total amount of the	323
transaction, whichever is applicable;	324

(3) A clear statement that the surcharge or convenience fee	325
is nonrefundable.	326

(F) If a person elects to make a payment to the county by a	327
financial transaction device and a surcharge or convenience fee is	328
imposed, the payment of the surcharge or fee shall be considered	329
voluntary and the surcharge or fee is not refundable.	330

(G) If a person makes payment by financial transaction device	331
and the payment is returned or dishonored for any reason, the	332
person is liable to the county for payment of a penalty over and	333
above the amount of the expense due. The board of county	334
commissioners shall determine the amount of the penalty, which may	335
be either a fee not to exceed twenty dollars or payment of the	336
amount necessary to reimburse the county for banking charges,	337
legal fees, or other expenses incurred by the county in collecting	338
the returned or dishonored payment. The remedies and procedures	339
provided in this section are in addition to any other available	340
civil or criminal remedies provided by law.	341

(H) No person making any payment by financial transaction	342
device to a county office shall be relieved from liability for the	343
underlying obligation except to the extent that the county	344
realizes final payment of the underlying obligation in cash or its	345
equivalent. If final payment is not made by the financial	346
transaction device issuer or other guarantor of payment in the	347
transaction, the underlying obligation shall survive and the	348
county shall retain all remedies for enforcement that would have	349
applied if the transaction had not occurred.	350

(I) A county elected official or employee who accepts a	351
financial transaction device payment in accordance with this	352
section and any applicable state or local policies or rules is	353
immune from personal liability for the final collection of such	354
payments.	355

Sec. 955.013.  (A) As used in this section, "financial	356
transaction device" has the same meaning as in section 301.28 of	357
the Revised Code.	358

(B) A county auditor may establish procedures and take	359
actions that are necessary to allow for either or both of the	360
following:	361

(1) The registration of dogs and kennels under this chapter	362
via the internet;	363

(2) The payment of dog and kennel registration fees under	364
this chapter by financial transaction devices, including payment	365
by financial transaction devices via the internet.	366

Sec. 955.03.  Any dog whichthat has been registered under	367
sectionssection 955.01 and 955.04 of the Revised Code and any dog	368
not required to be registered under such sectionsthat section	369
shall be considered as personal property and have all the rights	370
and privileges and be subject to like restraints as other	371
livestock.	372

Sec. 955.05.  After the thirty-first day of January of any	373
year, except as otherwise provided in section 955.012 or 955.16 of	374
the Revised Code, every person, immediately upon becoming the	375
owner, keeper, or harborer of any dog more than three months of	376
age or brought from outside the state during any year, shall file	377
like applications, with fees, as required by section 955.01 of the	378
Revised Code, for registration for the current year. If suchthe	379
application is not filed and the fee paid, within thirty days	380
after suchthe dog is acquired, becomes three months of age, or is	381
brought from outside the state, the auditor shall assess a penalty	382
in an amount equal to the registration fee upon suchthe owner,	383
keeper, or harborer, which mustshall be paid with the	384
registration fee.	385

Every person becoming the owner of a kennel of dogs after the	386
thirty-first day of January of any year shall file like	387
applications, with fees, as required by section 955.04 of the	388
Revised Code, for the registration of such kennel for the current	389
calendar year. If such application is not filed and the fee paid	390
within thirty days after the person becomes the owner of such	391
kennel, the auditor shall assess a penalty in an amount equal to	392
the registration fee upon the owner of such kennel.	393

Sec. 955.07.  Upon the filing of the application for	394
registration required by sectionssection 955.01 and 955.04 of the	395
Revised Code and upon the payment of the registration fee and the	396
administrative fee, if applicable, the county auditor shall assign	397
a distinctive number to every dog or dog kennel described in the	398
application and shall deliver a certificate of registration	399
bearing the number to the owner of the dog or dog kennel. A record	400
of all certificates of registration issued, together with the	401
applications for registration, shall be kept by the auditor in a	402
dog and kennel register for two years or until after an audit	403
performed by the auditor of state, whichever is later. This record	404
shall be open to the inspection of any person during reasonable	405
business hours.	406

Sec. 955.10.  No owner of a dog, except a dog constantly	407
confined to a registeredcommercial dog kennel licensed under	408
Chapter 4780. of the Revised Code, shall fail to require the dog	409
to wear, at all times, a valid tag issued in connection with a	410
certificate of registration. A dog's failure at any time to wear a	411
valid tag shall be prima-facie evidence of lack of registration	412
and shall subject any dog found not wearing such a tag to	413
impounding, sale, or destruction.	414

The owner or operator of a commercial dog kennel shall obtain	415
a valid tag issued in connection with a certificate of	416
registration within thirty days of the birth or acquisition of a	417
dog. However, the tag need not be worn by the dog while it is kept	418
or confined at the commercial dog kennel.	419

Sec. 955.12.  The board of county commissioners shall appoint	420
or employ a county dog warden and deputies in such number, for	421
such periods of time, and at such compensation as the board	422
considers necessary to enforce sections 955.01 to 955.27, 955.29	423
to 955.38, and 955.50 to 955.53 of the Revised Code.	424

The warden and deputies shall give bond in a sum not less	425
than five hundred dollars and not more than two thousand dollars,	426
as set by the board, conditioned for the faithful performance of	427
their duties. The bond or bonds may, in the discretion of the	428
board, be individual or blanket bonds. The bonds shall be filed	429
with the county auditor of their respective counties. The warden	430
and deputies shall make a record of all dogs owned, kept, and	431
harbored in their respective counties. They shall patrol their	432
respective counties and seize and impound on sight all dogs found	433
running at large and all dogs more than three months of age found	434
not wearing a valid registration tag, except any dog that wears a	435
valid registration tag and is: on the premises of its owner,	436
keeper, or harborer, under the reasonable control of its owner or	437
some other person, hunting with its owner or its handler at a	438
field trial, kept constantly confined in a registeredcommercial	439
dog kennel licensed under Chapter 4780. of the Revised Code, or	440
acquired by, and confined on the premises of, an institution or	441
organization of the type described in section 955.16 of the	442
Revised Code. A dog that wears a valid registration tag may be	443
seized on the premises of its owner, keeper, or harborer and	444
impounded only in the event of a natural disaster. If a dog warden	445
has reason to believe that a dog is being treated inhumanely on	446
the premises of its owner, keeper, or harborer, the warden shall	447
apply to the court of common pleas for the county in which the	448
premises are located for an order to enter the premises, and if	449
necessary, seize the dog. If the court finds probable cause to	450
believe that the dog is being treated inhumanely, it shall issue	451
such an order. The warden and deputies shall also investigate all	452
claims for damages to animals, fowl, or poultry reported to them	453
under section 955.29 of the Revised Code and assist claimants to	454
fill out the claim form therefor. They shall make weekly reports,	455
in writing, to the board in their respective counties of all dogs	456
seized, impounded, redeemed, and destroyed and of all claims for	457
damage to animals, fowl, or poultry inflicted by dogs. The	458

The wardens and deputies shall have the same police powers as	459
are conferred upon sheriffs and police officers in the performance	460
of their duties as prescribed by sections 955.01 to 955.27, 955.29	461
to 955.38, and 955.50 to 955.53 of the Revised Code. They shall	462
also have power to summon the assistance of bystanders in	463
performing their duties and may serve writs and other legal	464
processes issued by any court in their respective counties with	465
reference to enforcing suchthose sections. County auditors may	466
deputize the wardens or deputies to issue dog licenses as provided	467
in sections 955.01 and 955.14 of the Revised Code. Whenever	468

Whenever any person files an affidavit in a court of	469
competent jurisdiction that there is a dog running at large that	470
is not kept constantly confined either in a registeredcommercial	471
dog kennel licensed under Chapter 4780. of the Revised Code or on	472
the premises of an institution or organization of the type	473
described in section 955.16 of the Revised Code or that a dog is	474
kept or harbored in histhe warden's jurisdiction without being	475
registered as required by law, the court shall immediately order	476
the warden to seize and impound the animal. Thereupon the warden	477
shall immediately seize and impound the dog complained of. The	478
warden shall give immediate notice by certified mail to the owner,	479
keeper, or harborer of the dog seized and impounded by himthe	480
warden, if the owner, keeper, or harborer can be determined from	481
the current year's registration list maintained by the warden and	482
the county auditor of the county where the dog is registered, that	483
the dog has been impounded and that, unless the dog is redeemed	484
within fourteen days of the date of the notice, it may thereafter	485
be sold or destroyed according to law. If the owner, keeper, or	486
harborer cannot be determined from the current year's registration	487
list maintained by the warden and the county auditor of the county	488
where the dog is registered, the officer shall post a notice in	489
the pound or animal shelter both describing the dog and place	490
where seized and advising the unknown owner that, unless the dog	491
is redeemed within three days, it may thereafter be sold or	492
destroyed according to law.	493

Sec. 955.14.  (A) Notwithstanding section 955.01 of the	494
Revised Code, a board of county commissioners by resolution may	495
increase dog and kennel registration fees in the county. The	496
amount of the fees shall not exceed an amount that the board, in	497
its discretion, estimates is needed to pay all expenses for the	498
administration of this chapter and to pay claims allowed for	499
animals, fowl, or poultry injured or destroyed by dogs. Such a	500
resolution shall be adopted not earlier than the first day of	501
February and not later than the thirty-first day of August of any	502
year and shall apply to the registration period commencing on the	503
first day of December of the current year and ending on the	504
thirty-first day of January of the following year, unless the	505
period is extended under section 955.01 of the Revised Code. Any	506
increase in fees adopted under this division shall be in the ratio	507
increments of two dollars for a dog registration fee and ten	508
dollars for a kennel registration fee.	509

(B) Not later than the fifteenth day of October of each year,	510
the board of county commissioners shall determine if there is	511
sufficient money in the dog and kennel fund, after paying the	512
expenses of administration incurred or estimated to be incurred	513
for the remainder of the year, to pay the claims allowed for	514
animals, fowl, or poultry injured or destroyed by dogs. If the	515
board determines there is not sufficient money in the dog and	516
kennel fund to pay the claims allowed, the board shall provide by	517
resolution that all claims remaining unpaid shall be paid from the	518
general fund of the county. All money paid out of the general fund	519
for those purposes may be replaced by the board from the dog and	520
kennel fund at any time during the following year notwithstanding	521
section 5705.14 of the Revised Code.	522

(C) Notwithstanding section 955.20 of the Revised Code, if	523
dog and kennel registration fees in any county are increased above	524
two and ten dollars, respectively, under authority of division (A)	525
of this section, then on or before the first day of March	526
following each year in which the increased fees are in effect, the	527
county auditor shall draw on the dog and kennel fund a warrant	528
payable to the college of veterinary medicine of the Ohio state	529
university in an amount equal to ten cents for each dog and kennel	530
registration fee received during the preceding year. The money	531
received by the college of veterinary medicine of the Ohio state	532
university under this division shall be applied for research and	533
study of the diseases of dogs, particularly those transmittable to	534
humans, and for research of other diseases of dogs that by their	535
nature will provide results applicable to the prevention and	536
treatment of both human and canine illness.	537

(D) The Ohio state university college of veterinary medicine	538
shall be responsible to report annually to the general assembly	539
the progress of the research and study authorized and funded by	540
division (C) of this section. The report shall briefly describe	541
the research projects undertaken and assess the value of each. The	542
report shall account for funds received pursuant to division (C)	543
of this section and for the funds expended attributable to each	544
research project and for other necessary expenses in conjunction	545
with the research authorized by division (C) of this section. The	546
report shall be filed with the general assembly by the first day	547
of May of each year.	548

(E) The county auditor may authorize agents to receive	549
applications for registration of dogs and kennels and to issue	550
certificates of registration and tags. If authorized agents are	551
employed in a county, each applicant for a dog or kennel	552
registration shall pay to the agent an administrative fee of	553
seventy-five cents in addition to the registration fee. The	554
administrative fee shall be the compensation of the agent. The	555
county auditor shall establish rules for reporting and accounting	556
by the agents. No administrative or similar fee shall be charged	557
in any county except as authorized by this division or division	558
(F) of this section.	559

(F) For any county that accepts the payment of dog and kennel	560
registration fees by financial transaction devices in accordance	561
with section 955.013 of the Revised Code, in addition to those	562
registration fees, the county auditor shall collect for each	563
registration paid by a financial transaction device one of the	564
following:	565

(1) An administrative fee of seventy-five cents or another	566
amount necessary to cover actual costs designated by the county	567
auditor;	568

(2) If the board of county commissioners adopts a surcharge	569
or convenience fee for making payments by a financial transaction	570
device under division (E) of section 301.28 of the Revised Code,	571
that surcharge or convenience fee;	572

(3) If the county auditor contracts with a third party to	573
provide services to enable registration via the internet as	574
provided insectionin section 955.013 of the Revised Code, a	575
surcharge ofor convenience fee as agreed to between that third	576
party and the county for those internet registration services. Any	577
additional expenses incurred by the county auditor that result	578
from a contract with a third party as provided in this section and	579
section 955.013 of the Revised Code and that are not covered by a	580
surcharge or convenience fee shall be paid out of the allowance	581
provided to the county auditor under section 955.20 of the Revised	582
Code.	583

(G) The county auditor shall post conspicuously the amount of	584
the administrative fee, surcharge, or convenience fee that is	585
permissible under this section on the web page where the auditor	586
accepts payments for registrations made under division (B)(1) of	587
section 955.013 of the Revised Code, if. If any person chooses to	588
pay by financial transaction device, the administrative fee,	589
surcharge, or convenience fee shall be considered voluntary and is	590
not refundable.	591

Sec. 955.20.  The registration fees provided for in sections	592
955.01 to 955.14 of the Revised Code and money transferred to the	593
county under section 4780.06 of the Revised Code constitute a	594
special fund known as "the dog and kennel fund." The fees shall	595
be deposited by the county auditor in the county treasury daily as	596
collected and. Money in the fund shall be used for the purpose of	597
defraying the cost of furnishing all blanks, records, tags, nets,	598
and other equipment, for the purpose of paying the compensation of	599
county dog wardens, deputies, poundkeepers, and other employees	600
necessary to carry out and enforce sections 955.01 to 955.261 of	601
the Revised Code, and for the payment of animal claims as provided	602
in sections 955.29 to 955.38 of the Revised Code, and in	603
accordance with section 955.27 of the Revised Code. The board of	604
county commissioners, by resolution, shall appropriate sufficient	605
funds out of the dog and kennel fund, not more than fifteen per	606
cent of which shall be expended by the auditor for registration	607
tags, blanks, records, and clerk hire, for the purpose of	608
defraying the necessary expenses of registering, seizing,	609
impounding, and destroying dogs in accordance with sections 955.01	610
to 955.27 of the Revised Code, and for the purpose of covering any	611
additional expenses incurred by the county auditor as authorized	612
by division (F)(3) of section 955.14 of the Revised Code.	613

If the funds so appropriated in any calendar year are found	614
by the board to be insufficient to defray the necessary cost and	615
expense of the county dog warden in enforcing sections 955.01 to	616
955.27 of the Revised Code, the board, by resolution so provided,	617
after setting aside a sum equal to the total amount of animal	618
claims paid orfiled in that calendar year, or an amount equal to	619
the total amount of animal claims paid or allowed the preceding	620
year, whichever amount is larger, may appropriate further funds	621
for the use and purpose of the county dog warden in administering	622
those sections.	623

Money received by a county under section 4780.06 of the	624
Revised Code is subject to audit by the auditor of state.	625

Sec. 955.21.  No owner, keeper, or harborer of a dog more	626
than three months of age, nor owner of a dog kennel, shall fail to	627
file the application for registration required by section 955.01	628
of the Revised Code, nor shall heany such owner, keeper, or	629
harborer fail to pay the legal fee therefor.	630

Sec. 1901.183.  In addition to jurisdiction otherwise granted	631
in this chapter, the environmental division of a municipal court	632
shall have jurisdiction within its territory in all of the	633
following actions or proceedings and to perform all of the	634
following functions:	635

(A) Notwithstanding any monetary limitations in section	636
1901.17 of the Revised Code, in all actions and proceedings for	637
the sale of real or personal property under lien of a judgment of	638
the environmental division of the municipal court, or a lien for	639
machinery, material, fuel furnished, or labor performed,	640
irrespective of amount, and, in those cases, the environmental	641
division may proceed to foreclose and marshal all liens and all	642
vested or contingent rights, to appoint a receiver, and to render	643
personal judgment irrespective of amount in favor of any party;	644

(B) When in aid of execution of a judgment of the	645
environmental division of the municipal court, in all actions for	646
the foreclosure of a mortgage on real property given to secure the	647
payment of money, or the enforcement of a specific lien for money	648
or other encumbrance or charge on real property, when the real	649
property is situated within the territory, and, in those cases,	650
the environmental division may proceed to foreclose all liens and	651
all vested and contingent rights and proceed to render judgments,	652
and make findings and orders, between the parties, in the same	653
manner and to the same extent as in similar cases in the court of	654
common pleas;	655

(C) When in aid of execution of a judgment of the	656
environmental division of the municipal court, in all actions for	657
the recovery of real property situated within the territory to the	658
same extent as courts of common pleas have jurisdiction;	659

(D) In all actions for injunction to prevent or terminate	660
violations of the ordinances and regulations of any municipal	661
corporation within its territory enacted or promulgated under the	662
police power of that municipal corporation pursuant to Section 3	663
of Article XVIII, Ohio Constitution, over which the court of	664
common pleas has or may have jurisdiction, and, in those cases,	665
the environmental division of the municipal court may proceed to	666
render judgments, and make findings and orders, in the same manner	667
and to the same extent as in similar cases in the court of common	668
pleas;	669

(E) In all actions for injunction to prevent or terminate	670
violations of the resolutions and regulations of any political	671
subdivision within its territory enacted or promulgated under the	672
power of that political subdivision pursuant to Article X of the	673
Ohio Constitution, over which the court of common pleas has or may	674
have jurisdiction, and, in those cases, the environmental division	675
of the municipal court may proceed to render judgments, and make	676
findings and orders, in the same manner and to the same extent as	677
in similar cases in the court of common pleas;	678

(F) In any civil action to enforce any provision of Chapter	679
3704., 3714., 3734., 3737., 3767., or 6111. of the Revised Code	680
over which the court of common pleas has or may have jurisdiction,	681
and, in those actions, the environmental division of the municipal	682
court may proceed to render judgments, and make findings and	683
orders, in the same manner and to the same extent as in similar	684
actions in the court of common pleas;	685

(G) In all actions and proceedings in the nature of	686
creditors' bills, and in aid of execution to subject the interests	687
of a judgment debtor in real or personal property to the payment	688
of a judgment of the division, and, in those actions and	689
proceedings, the environmental division may proceed to marshal and	690
foreclose all liens on the property irrespective of the amount of	691
the lien, and all vested or contingent rights in the property;	692

(H) Concurrent jurisdiction with the court of common pleas of	693
all criminal actions or proceedings related to the pollution of	694
the air, ground, or water within the territory of the	695
environmental division of the municipal court, for which a	696
sentence of death cannot be imposed under Chapter 2903. of the	697
Revised Code;	698

(I) In any review or appeal of any final order of any	699
administrative officer, agency, board, department, tribunal,	700
commission, or other instrumentality that relates to a local	701
building, housing, air pollution, sanitation, health, fire,	702
zoning, or safety code, ordinance, or regulation, in the same	703
manner and to the same extent as in similar appeals in the court	704
of common pleas;	705

(J) With respect to the environmental division of the	706
Franklin county municipal court, in any civil action to enforce a	707
provision of Chapter 4780. of the Revised Code and to hear appeals	708
from an adjudication hearing conducted under that chapter.	709

Sec. 4780.01.  As used in this chapter:

710

(A) "Adult dog" means a dog that is eight months of age or	711
older.	712

(B) "Animal rescue for dogs" means an individual or	713
organization recognized by the department of commerce that keeps,	714
houses, and maintains nine or more adult dogs and that is	715
dedicated to the welfare, health, safety, and protection of dogs	716
following the seizure or removal of dogs by a dog warden appointed	717
under Chapter 955. of the Revised Code, by a humane society	718
established under Chapter 1717. of the Revised Code, or by the	719
department of commerce under this chapter, provided that the	720
individual or organization does not operate for profit and does	721
not sell dogs.	722

(C) "Animal shelter for dogs" means a facility that keeps,	723
houses, and maintains nine or more adult dogs and that is operated	724
by a humane society established under Chapter 1717. of the Revised	725
Code, animal welfare society, society for the prevention of	726
cruelty to animals, or other nonprofit organization that is	727
devoted to the welfare, protection, and humane treatment of dogs	728
and other animals.	729

(D) "Breeding dog" means a dog that is maintained primarily	730
for the purpose of reproduction, providing stud services, or	731
whelping and that has produced at least one litter of puppies if	732
it is a female dog or has provided stud services to produce at	733
least one litter of puppies if it is a male dog.	734

(E) "Commercial dog boarding kennel" means an establishment	735
that keeps, houses, and maintains nine or more adult dogs solely	736
for the purpose of providing shelter, care, and feeding of the	737
dogs in return for a fee or other consideration.	738

(F) "Commercial dog breeding kennel" means an establishment	739
that keeps, houses, and maintains nine or more adult dogs for the	740
purpose of breeding the dogs in return for a fee or other	741
consideration received through a sale, auction, exchange, or	742
lease.	743

(G) "Commercial dog intermediary" means a person who sells,	744
offers to sell, exchanges, auctions, or offers for adoption more	745
than twenty-four dogs annually in this state. "Commercial dog	746
intermediary" does not include an animal rescue for dogs, an	747
animal shelter for dogs, a humane society established under	748
Chapter 1717. of the Revised Code, a medical kennel for dogs, or a	749
research kennel for dogs.	750

(H) "Commercial dog kennel" means an establishment that	751
keeps, houses, and maintains nine or more adult dogs and that is	752
operated for the purpose of boarding, breeding, holding,	753
auctioning, or training dogs for a fee or other consideration.	754
"Commercial dog kennel" includes a commercial dog boarding kennel,	755
a commercial dog breeding kennel, and a commercial dog training	756
kennel. "Commercial dog kennel" does not include an animal rescue	757
for dogs, an animal shelter for dogs, a medical kennel for dogs,	758
or a research kennel for dogs.	759

(I) "Commercial dog training kennel" means an establishment	760
that keeps, houses, and maintains nine or more adult dogs for the	761
purpose of providing obedience or other training for the dogs for	762
a fee or other consideration.	763

(J) "Enclosure, crate, or cage" does not include an	764
enclosure, crate, or cage that is used during the transportation	765
of a dog.	766

(K) "Environmental division of the Franklin county municipal	767
court" means the environmental division of the Franklin county	768
municipal court created under section 1901.011 of the Revised	769
Code.	770

(L) "Medical kennel for dogs" means a facility that is	771
maintained by a veterinarian and operated primarily for the	772
treatment of sick or injured dogs.	773

(M) "Pet store" means a retail store that sells dogs to the	774
public.	775

(N) "Puppy" means a dog that is under eight months of age.

776

(O) "Research kennel for dogs" means a facility housing dogs	777
that is maintained exclusively for research purposes.	778

(P) "Significant disease, illness, or injury" with respect to	779
a dog means bordetella (kennel cough), tracheal bronchitis,	780
brucellosis, pneumonia, upper respiratory infection, bronchitis,	781
parasites, distemper, rabies, giardia, parvo virus, yoccidian,	782
pyometria, demodicosis, or a disease, illness, or injury that	783
exhibits symptoms such as coughing, difficulty breathing,	784
difficulty walking, inability or unwillingness to eat, bloody	785
stools, whimpering or howling, trembling, convulsions, bleeding,	786
vomiting for more than one day, or diarrhea for more than one day.	787

(Q) "Veterinarian" means a veterinarian licensed under	788
Chapter 4741. of the Revised Code.	789

Sec. 4780.02.  There is hereby created in the department of	790
commerce the commercial dog kennel control authority for the	791
purpose of administering this chapter and rules adopted under it,	792
as prescribed by the director of commerce and in accordance with	793
this chapter, and ensuring the welfare and humane treatment of	794
dogs and their offspring in accordance with this chapter and rules	795
adopted under it. The director shall designate a superintendent as	796
the head of the authority.	797

Sec. 4780.03.  The director of commerce shall adopt rules in	798
accordance with Chapter 119. of the Revised Code establishing all	799
of the following:	800

(A) Requirements and procedures governing commercial dog	801
kennels, including the licensing and inspection of and record	802
keeping by commercial dog kennels, in addition to the requirements	803
and procedures established in this chapter. The rules shall	804
require that a commercial dog breeding kennel be assigned a	805
license number and that a commercial dog breeding kennel provide	806
the license number and the applicable vendor number assigned by	807
the department of taxation whenever it solicits business or it is	808
solicited for business.	809

(B) Requirements and procedures for conducting background	810
investigations of each applicant for a license issued under	811
section 4780.04 of the Revised Code in order to determine if the	812
applicant has been convicted of or pleaded guilty to any of the	813
violations specified in division (H) of that section. The rules	814
shall provide that background investigations shall be conducted	815
solely by the attorney general on behalf of the department of	816
commerce. The rules shall establish procedures for annually	817
updating background investigation information regarding an	818
applicant after an initial background investigation has been	819
conducted with respect to an initial application for a license	820
submitted under that section.	821

(C) Requirements and procedures governing commercial dog	822
intermediaries, including the licensing of and record keeping by	823
commercial dog intermediaries, in addition to the requirements and	824
procedures established in this chapter. The rules shall require	825
that a commercial dog intermediary be assigned a license number	826
and that a commercial dog intermediary provide the license number	827
and the applicable vendor number assigned by the department of	828
taxation whenever it solicits business or it is solicited for	829
business.	830

(D) The form of applications for licenses issued under this	831
chapter and the information that is required to be submitted in	832
the applications;	833

(E) Requirements and procedures governing the submission to	834
the director of a surety bond with an application for a commercial	835
dog kennel license for a commercial dog kennel that has the	836
capacity to keep, house, and maintain more than fifteen adult dogs	837
in the following amounts:	838

(1) Five thousand dollars for commercial dog kennels with the	839
capacity to keep, house, and maintain at least sixteen adult dogs,	840
but not more than twenty-five adult dogs;	841

(2) Ten thousand dollars for commercial dog kennels with the	842
capacity to keep, house, and maintain at least twenty-six adult	843
dogs, but not more than fifty adult dogs;	844

(3) Fifty thousand dollars for commercial dog kennels with	845
the capacity to keep, house, and maintain more than fifty adult	846
dogs.	847

The rules shall require that the surety bond be submitted for	848
the purpose of ensuring that a commercial dog kennel complies with	849
this chapter and rules adopted under it and shall require that the	850
surety bond be subject to redemption by the state upon a	851
suspension or revocation of a commercial dog kennel license for	852
the purpose of paying for the maintenance and care of dogs that	853
are seized or otherwise impounded from the commercial dog kennel	854
in accordance with this chapter.	855

The rules may allow an applicant that is subject to the rules	856
adopted under this division to provide evidence of insurance	857
payable to the state in lieu of the submission of a surety bond.	858

(F) Requirements and procedures governing the licensing of	859
each animal rescue for dogs and animal shelter for dogs in this	860
state;	861

(G) Standards for the care of dogs in addition to the	862
standards established in section 4780.08 of the Revised Code;	863

(H) Procedures for inspections conducted under section	864
4780.10 of the Revised Code in addition to the procedures	865
established in that section, and procedures for making records of	866
the inspections;	867

(I) Requirements and procedures that are necessary to	868
implement and enforce the requirements pertaining to pet stores	869
that are established in section 4780.20 of the Revised Code;	870

(J) A requirement that a retailer or direct seller of a puppy	871
or adult dog provide to the purchaser the complete name, address,	872
and telephone number of all commercial dog kennels, commercial dog	873
intermediaries, and private owners that kept, housed, or	874
maintained the puppy or adult dog prior to its coming into the	875
possession of the retailer or direct seller or proof that the	876
puppy or adult dog was acquired through a licensed animal rescue	877
for dogs, licensed animal shelter for dogs, or humane society	878
established under Chapter 1717. of the Revised Code;	879

(K) Any other requirements and procedures that are determined	880
by the director to be necessary for the administration and	881
enforcement of this chapter and rules adopted under it.	882

Sec. 4780.04.  (A)(1) No person shall operate a commercial	883
dog kennel in this state without a commercial dog kennel license	884
issued by the director of commerce in accordance with this section	885
and rules adopted under section 4780.03 of the Revised Code.	886

(2) The director shall not issue a license under this section	887
unless the director determines that the applicant will operate or	888
will continue to operate the commercial dog kennel in accordance	889
with this chapter and rules adopted under it.	890

(B) In determining whether an establishment is a commercial	891
dog kennel requiring a license under this chapter, the director	892
shall determine if the establishment keeps, houses, and maintains	893
nine or more adult dogs for the purpose of boarding, breeding,	894
holding, auctioning, or training dogs for a fee or other	895
consideration. Any dogs that are kept, housed, or maintained for	896
the purpose of the companionship of the owner or to be shown by	897
the owner and not for boarding, breeding, holding, auctioning, or	898
training for a fee or other consideration shall not be counted.	899
The burden shall be on the owner or operator of the establishment	900
to prove the purpose for which dogs are kept, housed, and	901
maintained.	902

(C) A person who is proposing to operate a new commercial dog	903
kennel, at least ninety days prior to the operation of the	904
commercial dog kennel, shall submit an application for a license	905
to the director. The application shall be submitted in the form	906
and with the information required by rules adopted under section	907
4780.03 of the Revised Code and shall include with it at least all	908
of the following:	909

(1) An affidavit signed under oath or solemn affirmation of	910
the number of adult dogs that are kept, housed, and maintained by	911
the applicant at the location that is the subject of the	912
application;	913

(2) An estimate of the number of puppies to be kept, housed,	914
and maintained during the annual term of the license;	915

(3) Photographic evidence documenting the facilities where	916
dogs will be kept, housed, and maintained by the applicant;	917

(4) A signed release permitting the performance of a	918
background investigation regarding the applicant in accordance	919
with rules adopted under section 4780.03 of the Revised Code;	920

(5) A copy of the applicant's fingerprint for purposes of	921
conducting the background investigation required by rules adopted	922
under section 4780.03 of the Revised Code;	923

(6) The names and addresses and any other identifying	924
information required by rules adopted under section 4780.03 of the	925
Revised Code of all persons who will have custody of or access to	926
dogs under the control of the applicant.	927

(D) During the month of December, but before the first day of	928
January of the next year, a person who is proposing to continue	929
the operation of a commercial dog kennel shall obtain a license	930
for the commercial dog kennel from the director for the following	931
year. The person shall submit the application to the director on	932
or before the last day of October of the year preceding the year	933
for which the license is sought.	934

(E) The owner or operator of a commercial dog kennel that is	935
in operation on the effective date of this section shall submit to	936
the director an application for a commercial dog kennel license	937
not later than six months after the effective date of this	938
section. The director shall issue or deny the application for a	939
license within ninety days after the receipt of the completed	940
application.	941

(F) A person who has received a license under this section,	942
upon sale or other disposition of the commercial dog kennel, may	943
have the license transferred to another person with the consent of	944
the director, provided that the transferee otherwise qualifies to	945
be licensed as a commercial dog kennel under this chapter and	946
rules adopted under it and does not have a certified unpaid debt	947
to the state.	948

(G) An applicant for a license issued under this section	949
shall demonstrate that the commercial dog kennel that is the	950
subject of the application complies with the standards of care and	951
other standards established in this chapter and rules adopted	952
under it.	953

(H) No person shall operate a commercial dog kennel who has	954
been convicted of or pleaded guilty to violating section 959.01,	955
959.02, 959.03, 959.13, 959.131, 959.15, or 959.16 of the Revised	956
Code or an equivalent municipal ordinance, law of another state,	957
or law of the federal government or has been convicted of or	958
pleaded guilty to violating more than once section 2919.25 of the	959
Revised Code or an equivalent municipal ordinance, law of another	960
state, or law of the federal government.	961

(I) Medical kennels for dogs and research kennels for dogs	962
are not required to obtain a license under this chapter or comply	963
with any other requirements of this chapter and rules adopted	964
under it.	965

Sec. 4780.05.  (A)(1) No person shall act as or perform the	966
functions of a commercial dog intermediary in this state without a	967
commercial dog intermediary license issued by the director of	968
commerce in accordance with this section and rules adopted under	969
section 4780.03 of the Revised Code.	970

(2) The director shall not issue a license under this section	971
unless the director determines that the applicant will act as or	972
perform the function of a commercial dog intermediary in	973
accordance with this chapter and rules adopted under it.	974

(B) A person who is proposing to act as or perform the	975
functions of a commercial dog intermediary shall submit an	976
application for a license to the director. During the month of	977
December, but before the first day of January of the next year, a	978
person who is proposing to continue to act as or perform the	979
functions of a commercial dog intermediary shall obtain a license	980
from the director for the following year. The person shall submit	981
the application to the director on or before the last day of	982
October of the year preceding the year for which the license is	983
sought.	984

(C) A person who is acting as or performing the functions of	985
a commercial dog intermediary on the effective date of this	986
section shall submit to the director an application for a	987
commercial dog intermediary license not later than six months	988
after the effective date of this section. The director shall issue	989
or deny the application for a license within ninety days after the	990
receipt of the completed application.	991

(D) No person shall act as or perform the functions of a	992
commercial dog intermediary who has been convicted of or pleaded	993
guilty to violating section 959.01, 959.02, 959.03, 959.13,	994
959.131, 959.15, or 959.16 of the Revised Code or an equivalent	995
municipal ordinance, law of another state, or law of the federal	996
government or has been convicted of or pleaded guilty to violating	997
more than once section 2919.25 of the Revised Code or an	998
equivalent municipal ordinance, law of another state, or law of	999
the federal government.	1000

Sec. 4780.06. (A) A person who is applying for a license to	1001
operate a commercial dog kennel or to act as or perform the	1002
functions of a commercial dog intermediary under section 4780.04	1003
or 4780.05 of the Revised Code, as applicable, shall include with	1004
the application for a license a nonrefundable license application	1005
fee as follows:	1006

(1) For a commercial dog breeding kennel:

1007

(a) One hundred fifty dollars if the commercial dog breeding	1008
kennel has the capacity to keep, house, and maintain at least	1009
nine, but not more than fifteen adult dogs;	1010

(b) Five hundred dollars if the commercial dog breeding	1011
kennel has the capacity to keep, house, and maintain at least	1012
sixteen, but not more than twenty-five adult dogs;	1013

(c) Seven hundred fifty dollars if the commercial dog	1014
breeding kennel has the capacity to keep, house, and maintain more	1015
than twenty-five adult dogs.	1016

(2) For all other commercial dog kennels, fifty dollars.

1017

(3) For a commercial dog intermediary, five hundred dollars.

1018

(B) Money collected by the director of commerce from	1019
application fees submitted under this section shall be transmitted	1020
by the director to the treasurer of state to be credited to the	1021
commercial dog kennel control license fund created in section	1022
4780.17 of the Revised Code. However, fifty dollars of each	1023
application fee received from a person who is applying for a	1024
license to operate a commercial dog breeding kennel shall be	1025
transferred by the treasurer to the county in which the commercial	1026
dog breeding kennel is or will be located and deposited by the	1027
county auditor in the county's dog and kennel fund created in	1028
accordance with section 955.20 of the Revised Code.	1029

Sec. 4780.07. (A) No person shall operate an animal rescue	1030
for dogs or animal shelter for dogs or act as an animal rescue for	1031
dogs without a license to do so issued by the director of commerce	1032
in accordance with rules adopted under section 4780.03 of the	1033
Revised Code. No license application fee shall be charged to an	1034
animal rescue for dogs or an animal shelter for dogs. An animal	1035
rescue for dogs or animal shelter for dogs shall comply with the	1036
standards of care established in section 4780.08 of the Revised	1037
Code and rules adopted under section 4780.03 of the Revised Code.	1038

(B) No person shall own or operate an animal rescue for dogs	1039
or animal shelter for dogs or act as an animal rescue for dogs who	1040
has been convicted of or pleaded guilty to violating section	1041
959.01, 959.02, 959.03, 959.13, 959.131, 959.15, or 959.16 of the	1042
Revised Code or an equivalent municipal ordinance, law of another	1043
state, or law of the federal government or has been convicted of	1044
or pleaded guilty to violating more than once section 2919.25 of	1045
the Revised Code or an equivalent municipal ordinance, law of	1046
another state, or law of the federal government.	1047

Sec. 4780.08.  No person operating a commercial dog kennel,	1048
animal rescue for dogs, or animal shelter for dogs or acting as a	1049
commercial dog intermediary or animal rescue for dogs shall do any	1050
of the following:	1051

(A) Keep or confine a dog in an enclosure, crate, or cage of	1052
insufficient size so that the dog cannot stand, turn around, or	1053
lay down without touching the enclosure on the sides or the top,	1054
as applicable, and without touching or dislodging a food dish or	1055
water bowl placed within the enclosure;	1056

(B) Keep or confine a dog in an enclosure, crate, or cage	1057
without access to either natural or artificial light during	1058
daytime hours;	1059

(C) Keep or confine a dog in an enclosure, crate, or cage	1060
outdoors unless the dog has access at all times to a dry insulated	1061
indoor shelter or dog house or is provided with clean straw or	1062
other nontoxic insulating material in an amount that is sufficient	1063
to permit the dog to burrow under the straw or material while at	1064
the same time using the straw or material as bedding;	1065

(D) Keep or confine a dog in an enclosure, crate, or cage if	1066
urine or feces have accumulated beyond an amount that is expected	1067
to accumulate in a normal twelve-hour period;	1068

(E) Keep or confine a dog in an enclosure, crate, or cage	1069
without access to clean unfrozen water at all times;	1070

(F) Keep or confine a dog in an enclosure, crate, or cage	1071
without access to adequate and wholesome food to ensure a proper	1072
and healthy weight;	1073

(G) Keep or confine a dog in an enclosure, crate, or cage	1074
with flooring material that is incapable of being cleaned or	1075
sanitized or that is likely to cause injury to the pads of a dog's	1076
feet;	1077

(H) Keep or confine a dog in an enclosure, crate, or cage	1078
without providing a sanitary nonporous resting board or pan that	1079
is sufficient for the size of the dog and, if applicable, the	1080
dog's litter;	1081

(I) Keep or confine a dog in an enclosure, crate, or cage in	1082
unsanitary conditions;	1083

(J) Keep or confine a dog in an enclosure, crate, or cage	1084
that is in contact with or in the immediate vicinity of any animal	1085
with a diagnosed or suspected disease that is contagious to dogs;	1086

(K) Keep or confine a dog in an enclosure, crate, or cage	1087
without adequate ventilation;	1088

(L) Keep or confine a dog in an enclosure, crate, or cage	1089
without providing shelter from the elements;	1090

(M) Keep or confine a dog in an outdoor run or kennel where	1091
shade is not provided during the months of May through September.	1092
The person shall ensure that the shade so provided provides a	1093
reduction of temperature of at least five degrees from nonshaded	1094
areas when the temperature in the nonshaded areas is ninety	1095
degrees fahrenheit or higher.	1096

(N) Fail to provide a dog with veterinary care and treatment	1097
for any significant disease, illness, or injury;	1098

(O) Fail to provide a breeding dog with a clean whelping box	1099
when needed;	1100

(P) Fail to provide a breeding dog with less than two hours	1101
per day of human contact and with an opportunity to exercise	1102
outdoors;	1103

(Q) Fail to trim an adult dog's nails to prevent curling;

1104

(R) Fail to provide regular grooming to a dog to prevent	1105
matting of fur;	1106

(S) Fail to provide a dog with appropriate protection from	1107
fleas, ticks, and biting and stinging insects or treatment for	1108
worms if the dog is so afflicted;	1109

(T) Fail to provide an adult dog with vaccinations for	1110
rabies, bordetella/parainfluenza, parvovirus, distemper, and	1111
adenovirus according to vaccine schedules established by the	1112
American veterinary medical association unless a veterinarian	1113
certifies in writing that the administration of such vaccines is	1114
medically contraindicated or medically unnecessary based on the	1115
results of an antibody titre test;	1116

(U) Fail to provide all puppies aged three months or older	1117
with the appropriate phase-in booster vaccines for	1118
bordetella/parainfluenza, parvovirus, distemper, and adenovirus	1119
according to vaccine schedules established by the American	1120
veterinary medical association unless a veterinarian certifies in	1121
writing that the administration of such vaccines is medically	1122
contraindicated or medically unnecessary based on the results of	1123
an antibody titre test;	1124

(V) Fail to provide heartworm preventative to a breeding dog	1125
unless a veterinarian certifies in writing that such a	1126
preventative is medically contraindicated;	1127

(W) Fail to ensure that a dog in the person's possession or	1128
control is euthanized by any method other than by the	1129
administration of sodium pentobarbitol or another method that acts	1130
on the central nervous system in a manner that is sufficient to	1131
eliminate pain and suffering of the dog;	1132

(X) Fail to ensure that a dog that is being euthanized is not	1133
left unattended between the commencement of the process and death	1134
and that euthanization occurs only under the supervision of a	1135
veterinarian;	1136

(Y) Beat or brutalize a dog within the person's custody or	1137
control.	1138

Sec. 4780.09. The director of commerce shall appoint kennel	1139
control enforcement inspectors for the purpose of enforcing the	1140
requirements and standards established by this chapter and rules	1141
adopted under it and to act as authorized agents of the director.	1142
Inspectors shall serve at the pleasure of the director and shall	1143
be employees of the commercial dog kennel control authority	1144
created in section 4780.02 of the Revised Code. Inspectors may	1145
issue citations and orders that are necessary to enforce this	1146
chapter and rules adopted under it. The director shall provide	1147
each kennel control enforcement inspector with an identifying	1148
badge and an official uniform.	1149

Sec. 4780.10.  (A) At least once biennially, the director of	1150
commerce or the director's authorized representative shall inspect	1151
a commercial dog breeding kennel that is subject to licensure	1152
under this chapter and rules adopted under section 4780.03 of the	1153
Revised Code to ensure compliance with this chapter and rules	1154
adopted under it including, but not limited to, the standards of	1155
care established in section 4780.08 of the Revised Code.	1156
Inspections shall be conducted without prior notification to the	1157
licensee or persons associated with the licensee. In addition,	1158
upon the request of a member of the public, a public official, an	1159
animal rescue for dogs, or an animal shelter for dogs, the	1160
director or the director's authorized representative shall inspect	1161
any other facility that is subject to licensure under this chapter	1162
and rules adopted under it to ensure such compliance.	1163

Inspections shall be conducted in accordance with rules	1164
adopted under section 4780.03 of the Revised Code. A record of	1165
each inspection shall be made by the inspector who is responsible	1166
for the inspection in accordance with those rules. Records of	1167
inspections conducted under this section, excluding any social	1168
security numbers, are public records as provided in section 149.43	1169
of the Revised Code.	1170

(B) The director or the director's authorized representative,	1171
upon proper identification and upon stating the purpose and	1172
necessity of an inspection, may enter at reasonable times on any	1173
public or private property, real or personal, to inspect or	1174
investigate and to examine or copy records in order to determine	1175
compliance with this chapter and rules adopted under it. The	1176
director, the director's authorized representative, or the	1177
attorney general upon the request of the director may apply to the	1178
environmental division of the Franklin county municipal court for	1179
an appropriate court order or search warrant as necessary to	1180
achieve the purposes of this chapter and rules adopted under it. A	1181
judge of that court may issue such a warrant.	1182

(C) No owner or operator of a commercial dog kennel, animal	1183
rescue for dogs, or animal shelter for dogs or person acting as a	1184
commercial dog intermediary or animal rescue for dogs shall	1185
interfere with an inspection or refuse to allow an inspector full	1186
access to all areas where dogs are kept or cared for. If entry is	1187
refused or inspection or investigation is refused, hindered, or	1188
thwarted by a commercial dog kennel or commercial dog	1189
intermediary, the director may suspend or revoke the kennel's or	1190
intermediary's license in accordance with this chapter.	1191

(D) If entry that is authorized by division (B) of this	1192
section is refused or if an inspection or investigation is	1193
refused, hindered, or thwarted by intimidation or otherwise and if	1194
the director, an authorized representative of the director, or the	1195
attorney general applies for and obtains a court order or a search	1196
warrant under division (B) of this section to conduct the	1197
inspection or investigation, the owner or operator of the premises	1198
where entry was refused or inspection or investigation was	1199
refused, hindered, or thwarted is liable to the director for the	1200
reasonable costs incurred by the director for the regular salaries	1201
and fringe benefit costs of personnel assigned to conduct the	1202
inspection or investigation from the time the entry, inspection,	1203
or investigation was refused, hindered, or thwarted until the	1204
court order or search warrant is executed; for the salary, fringe	1205
benefits, and travel expenses of the director, an authorized	1206
representative of the director, or the attorney general incurred	1207
in obtaining the court order or search warrant; and for expenses	1208
necessarily incurred for the assistance of local law enforcement	1209
officers in executing the court order or search warrant. In the	1210
application for a court order or a search warrant, the director,	1211
the director's authorized representative, or the attorney general	1212
may request and the environmental division of the Franklin county	1213
municipal court, in its order granting the court order or search	1214
warrant, may order the owner or operator of the premises to	1215
reimburse the director for any of those costs that the court finds	1216
reasonable. From money recovered under this division, the director	1217
shall reimburse the attorney general for the costs incurred by the	1218
attorney general in connection with proceedings for obtaining the	1219
court order or search warrant, shall reimburse the political	1220
subdivision in which the premises is located for the assistance of	1221
its law enforcement officers in executing the court order or	1222
search warrant, and shall deposit the remainder in the state	1223
treasury to the credit of the commercial dog kennel control	1224
license fund created in section 4780.17 of the Revised Code.	1225

(E) A dog warden appointed under Chapter 955. of the Revised	1226
Code or an agent of a humane society established under Chapter	1227
1717. of the Revised Code entering on public or private property	1228
to make investigations and inspections in accordance with Chapter	1229
955. or 1717. of the Revised Code, as applicable, shall report any	1230
violations of this chapter and rules adopted under it to the	1231
director or a kennel control enforcement inspector and may examine	1232
and copy any records that are required to be maintained under	1233
rules adopted under this chapter.	1234

Sec. 4780.11. The director of commerce or the director's	1235
authorized representative may impound a dog if the director or the	1236
director's authorized representative has probable cause to believe	1237
that the dog is being kept by a commercial dog kennel, commercial	1238
dog intermediary, animal rescue for dogs, or animal shelter for	1239
dogs in a manner that materially violates this chapter or rules	1240
adopted under it or when the dog's health or safety appears to be	1241
in imminent danger. The director or the director's authorized	1242
representative shall give written notice of the impoundment by	1243
posting a notice on the door of the premises from which the dog	1244
was taken or by otherwise posting the notice in a conspicuous	1245
place at the premises from which the dog was taken. The notice	1246
shall provide a date for an adjudication hearing, which shall take	1247
place not later than five business days after the dog is taken and	1248
at which the director shall determine if the dog should be	1249
permanently relinquished to the custody of the department of	1250
commerce. The owner or operator of the applicable commercial dog	1251
kennel, animal rescue for dogs, or animal shelter for dogs or the	1252
person acting as a commercial dog intermediary or animal rescue	1253
for dogs may appeal the determination made at the adjudication	1254
hearing in accordance with section 119.12 of the Revised Code,	1255
except that the appeal may only be made to the environmental	1256
division of the Franklin county municipal court. If a dog has been	1257
impounded and the owner or operator of the applicable commercial	1258
dog kennel, animal rescue for dogs, or animal shelter for dogs or	1259
the person acting as a commercial dog intermediary or animal	1260
rescue for dogs appeals the determination made at an adjudication	1261
hearing, that person shall file an appeal bond that is sufficient	1262
to cover the costs of keeping, housing, and maintaining the dog in	1263
a manner and amount to be determined by the environmental division	1264
of the Franklin county municipal court.	1265

The director may enter into contracts or agreements with a	1266
licensed animal rescue for dogs, a licensed animal shelter for	1267
dogs, a veterinarian, a dog warden appointed under Chapter 955. of	1268
the Revised Code, or a humane society established under Chapter	1269
1717. of the Revised Code for the purpose of keeping, housing, and	1270
maintaining dogs that are impounded under this section. If, after	1271
the final disposition of an adjudication hearing and any appeals	1272
from that adjudication hearing, it is determined that a dog shall	1273
be permanently relinquished to the custody of the department, the	1274
dog may be adopted from the licensed animal rescue for dogs,	1275
licensed animal shelter for dogs, veterinarian, dog warden, or	1276
humane society where it is being kept, housed, and maintained. The	1277
licensed animal rescue for dogs, licensed animal shelter for dogs,	1278
veterinarian, dog warden, or humane society may charge a	1279
reasonable adoption fee in an amount determined by the director.	1280
The fee shall be at least sufficient to cover the costs of spaying	1281
or neutering the dog unless it is medically contraindicated.	1282

Sec. 4780.12.  If the director of commerce or the director's	1283
authorized representative determines that a person has violated,	1284
is violating, or is threatening to violate this chapter or rules	1285
adopted under it, the director may issue and cause to be served by	1286
certified mail or personal service a citation of violation and an	1287
order requiring the person to cease the acts or practices	1288
appearing to the director or the director's authorized	1289
representative to constitute a violation of this chapter or rules	1290
adopted under it or requiring the person to take corrective	1291
actions to eliminate the conditions appearing to the director or	1292
the director's authorized representative to constitute a violation	1293
of this chapter and rules adopted under it. The order shall state	1294
specifically the provision or provisions of this chapter or the	1295
rule or rules adopted under this chapter that appear to the	1296
director or the director's authorized representative to have been	1297
violated or threatened to be violated and the facts constituting	1298
the violation or threatened violation, the actions that the person	1299
must take to correct the deficiencies, and the time period within	1300
which the person must correct the violations.	1301

Sec. 4780.13.  (A) The director of commerce may assess a	1302
civil penalty against a person violating this chapter or rules	1303
adopted under it if all of the following occur:	1304

(1) The person has received an order and been notified of the	1305
violation by certified mail as required in section 4780.12 of the	1306
Revised Code.	1307

(2) After the time period for correcting the violation	1308
specified in the order has elapsed, the director or the director's	1309
authorized representative has inspected the premises where the	1310
violation has occurred and determined that the violations have not	1311
been corrected, and the director has issued a notice of an	1312
adjudication hearing pursuant to division (A)(3) of this section.	1313

(3) The director affords the person an opportunity for an	1314
adjudication hearing under Chapter 119. of the Revised Code to	1315
challenge the director's determination that the person is not in	1316
compliance with this chapter or rules adopted under it, the	1317
imposition of the civil penalty, or both. A person may waive the	1318
opportunity for an adjudication hearing.	1319

(B) If the opportunity for an adjudication hearing is waived	1320
or if, after an adjudication hearing, the director determines that	1321
a violation of this chapter or a rule adopted under it has	1322
occurred or is occurring, the director may assess a civil penalty.	1323
The civil penalty may be appealed in accordance with section	1324
119.12 of the Revised Code except that the civil penalty may only	1325
be appealed to the environmental division of the Franklin county	1326
municipal court.	1327

(C) Civil penalties shall be assessed in the following	1328
amounts:	1329

(1) A person who has violated division (A)(1) of section	1330
4780.04 or division (A)(1) of section 4780.05 of the Revised Code	1331
shall pay a civil penalty in an amount that is equal to two times	1332
the amount of the license fee that should have been paid by the	1333
person under section 4780.06 of the Revised Code.	1334

(2) A person who has violated division (H) of section 4780.04	1335
or division (D) of section 4780.05 of the Revised Code shall pay a	1336
civil penalty of not more than fifteen thousand dollars.	1337

(3) A person who has violated any other provision of this	1338
chapter or rules adopted under it, including, but not limited to,	1339
the standards of care established in section 4780.08 of the	1340
Revised Code and rules adopted under section 4780.03 of the	1341
Revised Code, shall pay a civil penalty of twenty-five dollars.	1342

Each day that a violation continues constitutes a separate	1343
violation.	1344

Sec. 4780.14. The attorney general, upon the request of the	1345
director of commerce, may bring an action for injunction against a	1346
person who has violated, is violating, or is threatening to	1347
violate this chapter, rules adopted under it, or an order issued	1348
under section 4780.12 of the Revised Code. An action for	1349
injunction shall be filed in the environmental division of the	1350
Franklin county municipal court, which shall have exclusive	1351
jurisdiction to grant preliminary and permanent injunctive relief	1352
under this chapter. The environmental division of the Franklin	1353
county municipal court shall grant such injunctive relief upon a	1354
showing that the person against whom the action is brought has	1355
violated, is violating, or is threatening to violate this chapter,	1356
rules adopted under it, or an order issued under it. The court	1357
shall give precedence to such an action over all other cases.	1358

Sec. 4780.15.  (A) The director of commerce shall deny an	1359
application for a license that is submitted under section 4780.04,	1360
4780.05, or 4780.07 of the Revised Code for any of the following	1361
reasons:	1362

(1) The applicant for the license has violated any provision	1363
of this chapter or a rule adopted under it.	1364

(2) The applicant has been convicted of or pleaded guilty to	1365
violating section 959.01, 959.02, 959.03, 959.13, 959.131, 959.15,	1366
or 959.16 of the Revised Code or an equivalent municipal	1367
ordinance, law of another state, or law of the federal government	1368
or has been convicted of or pleaded guilty to violating more than	1369
once section 2919.25 of the Revised Code or an equivalent	1370
municipal ordinance, law of another state, or law of the federal	1371
government.	1372

(3) The director determines that the applicant for the	1373
license does not have the expertise or capacity to comply with	1374
this chapter or rules adopted under it.	1375

(B) The director may suspend or revoke a license issued under	1376
this chapter for violation of any provision of this chapter or a	1377
rule adopted or order issued under it.	1378

(C) An application or a license shall not be denied,	1379
suspended, or revoked under this section without a written order	1380
of the director stating the findings on which the denial,	1381
suspension, or revocation is based. A copy of the order shall be	1382
sent to the applicant or license holder by certified mail or may	1383
be provided to the applicant or license holder by personal	1384
service. In addition, the person to whom a denial, suspension, or	1385
revocation applies may request an adjudication hearing under	1386
Chapter 119. of the Revised Code. The director shall comply with	1387
such a request. The determination of the director at an	1388
adjudication hearing may be appealed in accordance with section	1389
119.12 of the Revised Code, except that the determination may only	1390
be appealed to the environmental division of the Franklin county	1391
municipal court.	1392

Sec. 4780.16.  The director of commerce, the director's	1393
authorized representative, or the attorney general may require the	1394
attendance of witnesses, and the production of books, records,	1395
papers, and dogs that are needed either by the director or the	1396
attorney general or by any party to a hearing before the director	1397
and for that purpose may issue a subpoena for any witness or a	1398
subpoena duces tecum to compel the production of any books,	1399
records, papers, or dogs. The subpoena shall be served by personal	1400
service or by certified mail. If the subpoena is returned because	1401
of inability to deliver, or if no return is received within thirty	1402
days after the date of mailing, the subpoena may be served by	1403
ordinary mail. If no return of ordinary mail is received within	1404
thirty days after the date of mailing, service shall be deemed to	1405
have been made. If the subpoena is returned because of inability	1406
to deliver, the director or the attorney general may designate a	1407
person or persons to effect either personal or residence service	1408
on the witness. The person designated to effect personal or	1409
residence service under this section may be the sheriff of the	1410
county in which the witness resides or may be found or any other	1411
duly designated person. The fees and mileage of the person serving	1412
the subpoena shall be the same as those allowed by the courts of	1413
common pleas in criminal cases and shall be paid from the funds of	1414
the department of commerce. Fees and mileage for the witness shall	1415
be the same as those allowed for witnesses by the courts of common	1416
pleas in criminal cases and shall be paid from the funds of the	1417
department upon request of the witness following the hearing.	1418

Sec. 4780.17.  All money collected by the director of	1419
commerce from license fees under section 4780.06 of the Revised	1420
Code and all money collected from civil penalties assessed under	1421
section 4780.13 of the Revised Code shall be deposited in the	1422
state treasury to the credit of the commercial dog kennel control	1423
license fund, which is hereby created. The director shall use	1424
money in the fund for the purpose of administering this chapter	1425
and rules adopted under it.	1426

Sec. 4780.18.  (A) There is hereby created the commercial dog	1427
kennel oversight commission consisting of one member of the senate	1428
appointed by the president of the senate, one member of the house	1429
of representatives appointed by the speaker of the house of	1430
representatives, and the following six members appointed by the	1431
governor:	1432

(1) Two members representing animal care and welfare	1433
organizations in this state;	1434

(2) One member who is a county dog warden;

1435

(3) One member who is a veterinarian;

1436

(4) One member representing pet stores in this state;

1437

(5) One member representing commercial dog kennels in this	1438
state.	1439

Initial appointments to the commission shall be made not	1440
later than sixty days after the effective date of this section.	1441
Terms of office of the members appointed by the president of the	1442
senate and the speaker of the house of representatives shall	1443
coincide with their terms of office as members of the senate and	1444
the house of representatives, as applicable. Of the initial	1445
appointments made by the governor, two shall be for one-year	1446
terms, two shall be for two-year terms, and two shall be for	1447
three-year terms. Thereafter, terms of office of members appointed	1448
by the governor shall be three years, with each term ending on the	1449
same day of the same month as did the term that it succeeds. Each	1450
member shall hold office from the date of appointment until the	1451
end of the term for which the member was appointed. Members may be	1452
reappointed. Vacancies shall be filled in the manner provided for	1453
the original appointments. Any member appointed to fill a vacancy	1454
occurring prior to the expiration date of the term for which the	1455
member's predecessor was appointed shall hold office for the	1456
remainder of the term. A member shall continue in office	1457
subsequent to the expiration date of the member's term until the	1458
member's successor takes office or until a period of sixty days	1459
has elapsed, whichever occurs first.	1460

(B) The governor shall select a chairperson from among the	1461
commission's members. A majority of the members of the commission	1462
constitutes a quorum. The commission shall meet at least four	1463
times a year in Columbus or at other locations selected by the	1464
chairperson. The chairperson shall determine the agenda for each	1465
meeting of the commission. However, if the member appointed by the	1466
president of the senate and the member appointed by the speaker of	1467
the house of representatives jointly request in writing that an	1468
item be placed on the agenda for a meeting of the commission, the	1469
chairperson shall place the item on the agenda at the commission's	1470
next regularly scheduled meeting occurring more than ten days	1471
after the request has been made.	1472

Members of the commission shall serve without compensation	1473
for attending commission meetings. Members of the commission shall	1474
be reimbursed for their actual and necessary expenses incurred in	1475
the performance of official duties as members of the commission.	1476

(C) The commission shall provide oversight and evaluation of	1477
the administration of this chapter and rules adopted under it,	1478
including the operation of the commercial dog kennel control	1479
authority created in section 4780.02 of the Revised Code. The	1480
oversight and evaluation may include, but not be limited to, a	1481
determination of whether this chapter and rules adopted under it	1482
and the operation of the authority have resulted in the prevention	1483
of cruelty to and abuse of dogs and an evaluation of the sanctions	1484
imposed on violators of this chapter and rules adopted under it.	1485
In addition, the commission may make recommendations to the	1486
director of commerce for changes to the administration of this	1487
chapter and rules adopted under it and to the general assembly for	1488
changes to this chapter that the commission considers necessary	1489
for the effective enforcement of this chapter and rules adopted	1490
under it. The commission has the right to inspect records kept by	1491
the commercial dog kennel control authority and to interview	1492
kennel control enforcement inspectors. The commission, by the	1493
thirty-first day of December each year, shall issue a report of	1494
its findings and submit it to the director of commerce, the	1495
president of the senate, and the speaker of the house of	1496
representatives.	1497

Sec. 4780.20.  (A) In accordance with rules adopted under	1498
section 4780.03 of the Revised Code, at the time of the sale of a	1499
dog, a pet store shall provide the buyer of the dog with either of	1500
the following:	1501

(1) A certificate of medical health that has been sworn and	1502
attested to by a veterinarian and that states that the	1503
veterinarian has examined the dog and has not found a significant	1504
disease, illness, or injury at the time of the examination;	1505

(2) A money-back guarantee that is valid for not less than	1506
twenty-one days after the date of purchase of the dog. The	1507
guarantee shall authorize the purchaser of the dog to receive the	1508
purchase price of the dog from the pet store within that	1509
twenty-one-day period if the purchaser presents a statement to the	1510
pet store from a veterinarian who has examined the dog within	1511
fourteen days of the purchase of the dog that the dog has a	1512
significant disease, illness, or injury that was in existence at	1513
the time of the purchase of the dog.	1514

(B) A pet store shall post written notice of the pet store's	1515
responsibility under this section in a conspicuous location near	1516
the pet store's cash register. The written notice shall be posted	1517
in accordance with rules and shall be in prominent and easily read	1518
type that is not less than eighteen point type.	1519

(C) At a time prior to the sale of a dog, a pet store shall	1520
provide the name, complete address, and telephone number of the	1521
breeder that bred the dog, the commercial dog kennel where the dog	1522
was kept, housed, and maintained, and the commercial dog	1523
intermediary from whom the pet store acquired the dog, as	1524
applicable. The pet store also shall provide the telephone number	1525
and the address of the department of commerce.	1526

(D) No pet store shall fail to comply with this section.

1527

(E) A pet store that fails to comply with division (A) of	1528
this section with respect to the sale of a dog or a pet store that	1529
fails to refund the purchase price of a dog in accordance with	1530
division (A)(2) of this section is liable to the purchaser of the	1531
dog for an amount that is equal to three times the purchase price	1532
of the dog plus any veterinary expenses of not more than five	1533
hundred dollars that are incurred by the purchaser within one year	1534
after the date of the purchase of the dog. The pet store also is	1535
liable for any attorney fees and costs incurred by the purchaser.	1536
In addition, the buyer of the dog may keep the dog.	1537

(F) The director of commerce or the director's authorized	1538
representative shall enforce this section. Kennel control	1539
enforcement inspectors may make inspections of pet stores for the	1540
purpose of enforcing this section.	1541

Sec. 4780.98.  No person shall violate this chapter or rule	1542
adopted or order issued under it.	1543

Sec. 4780.99.  Whoever violates section 4780.98 is guilty of	1544
a misdemeanor of the first degree.	1545

Section 2.  That existing sections 121.08, 301.28, 955.013,	1546
955.03, 955.05, 955.07, 955.10, 955.12, 955.14, 955.20, 955.21,	1547
and 1901.183 and sections 955.02 and 955.04 of the Revised Code	1548
are hereby repealed.	1549