To amend sections 121.08, 301.28, 955.013, 955.03, 955.05, 955.07, 955.10, 955.12, 955.14, 955.20, 955.21, and 1901.183, to enact sections 4780.01 to 4780.18, 4780.20, 4780.98, and 4780.99, and to repeal sections 955.02 and 955.04 of the Revised Code to establish licensing requirements and standards of care for commercial dog kennels, commercial dog intermediaries, animal rescues, and animal shelters.

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

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

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

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

(2) All provisions of law governing the superintendent of financial institutions shall apply to and govern the superintendent of financial institutions provided for in this section; all authority vested by law in the superintendent of financial institutions with respect to the management of the division of financial institutions shall be construed as vested in the superintendent of financial institutions created by this section with respect to the division of financial institutions provided for in this section; and all rights, privileges, and emoluments conferred by law upon the superintendent of financial institutions shall be construed as conferred upon the superintendent of financial institutions as head of the division of financial institutions. The director of commerce shall not transfer from the division of financial institutions any of the functions specified in division (C)(2) of this section.

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

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

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

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

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

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

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

In the case of a criminal records check under section 109.572 of the Revised Code, the department or division shall forward to the bureau of criminal identification and investigation the requisite form, fingerprint impressions, and fee described in division (C) of that section. When requested by the department or division in accordance with this section, the bureau of criminal identification and investigation shall request from the federal bureau of investigation any information it has with respect to the person who is the subject of the requested criminal records check and shall forward the requisite fingerprint impressions and information to the federal bureau of investigation for that criminal records check. After conducting a criminal records check or receiving the results of a criminal records check from the federal bureau of investigation, the bureau of criminal identification and investigation shall provide the results to the department or division.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sec. 955.03.  Any dog which that has been registered under sections section 955.01 and 955.04 of the Revised Code and any dog not required to be registered under such sections that section shall be considered as personal property and have all the rights and privileges and be subject to like restraints as other livestock.

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

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

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

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

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

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

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

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

Whenever any person files an affidavit in a court of competent jurisdiction that there is a dog running at large that is not kept constantly confined either in a registered commercial dog kennel licensed under Chapter 4780. of the Revised Code or on the premises of an institution or organization of the type described in section 955.16 of the Revised Code or that a dog is kept or harbored in his the warden's jurisdiction without being registered as required by law, the court shall immediately order the warden to seize and impound the animal. Thereupon the warden shall immediately seize and impound the dog complained of. The warden shall give immediate notice by certified mail to the owner, keeper, or harborer of the dog seized and impounded by him the warden, if the owner, keeper, or harborer can be determined from the current year's registration list maintained by the warden and the county auditor of the county where the dog is registered, that the dog has been impounded and that, unless the dog is redeemed within fourteen days of the date of the notice, it may thereafter be sold or destroyed according to law. If the owner, keeper, or harborer cannot be determined from the current year's registration list maintained by the warden and the county auditor of the county where the dog is registered, the officer shall post a notice in the pound or animal shelter both describing the dog and place where seized and advising the unknown owner that, unless the dog is redeemed within three days, it may thereafter be sold or destroyed according to law.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sec. 4780.01.  As used in this chapter:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) For a commercial dog breeding kennel:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(D) If entry that is authorized by division (B) of this section is refused or if an inspection or investigation is refused, hindered, or thwarted by intimidation or otherwise and if the director, an authorized representative of the director, or the attorney general applies for and obtains a court order or a search warrant under division (B) of this section to conduct the inspection or investigation, the owner or operator of the premises where entry was refused or inspection or investigation was refused, hindered, or thwarted is liable to the director for the reasonable costs incurred by the director for the regular salaries and fringe benefit costs of personnel assigned to conduct the inspection or investigation from the time the entry, inspection, or investigation was refused, hindered, or thwarted until the court order or search warrant is executed; for the salary, fringe benefits, and travel expenses of the director, an authorized representative of the director, or the attorney general incurred in obtaining the court order or search warrant; and for expenses necessarily incurred for the assistance of local law enforcement officers in executing the court order or search warrant. In the application for a court order or a search warrant, the director, the director's authorized representative, or the attorney general may request and the environmental division of the Franklin county municipal court, in its order granting the court order or search warrant, may order the owner or operator of the premises to reimburse the director for any of those costs that the court finds reasonable. From money recovered under this division, the director shall reimburse the attorney general for the costs incurred by the attorney general in connection with proceedings for obtaining the court order or search warrant, shall reimburse the political subdivision in which the premises is located for the assistance of its law enforcement officers in executing the court order or search warrant, and shall deposit the remainder in the state treasury to the credit of the commercial dog kennel control license fund created in section 4780.17 of the Revised Code.

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

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

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

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

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

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

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

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

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

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

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

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

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

Each day that a violation continues constitutes a separate violation.

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

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

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

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

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

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

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

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

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

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

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

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

(3) One member who is a veterinarian;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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