reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 935 | Possession of Wild Animals and Snakes › Section 935.11 | Persons Possessing Both Dangerous Wild Animals and Restricted Snakes.

Effective:
September 5, 2012
Latest Legislation:
Senate Bill 310 - 129th General Assembly
(A) A person that possesses at least one dangerous wild animal and at least one restricted snake shall apply for both a wildlife shelter permit issued under section 935.06 of the Revised Code and a restricted snake possession permit issued under section 935.09 of the Revised Code.
(B) A person that possesses at least one dangerous wild animal and that intends to propagate the animal solely for the purposes of a species survival program that complies with rules and that possesses at least one restricted snake and that intends to propagate, sell, trade, or otherwise transfer the snake shall apply for both a wildlife propagation permit issued under section 935.07 of the Revised Code and a restricted snake propagation permit issued under section 935.10 of the Revised Code.
(C) A person that possesses at least one dangerous wild animal and does not intend to propagate the animal and that possesses at least one restricted snake and intends to propagate, sell, trade, or otherwise transfer the snake shall apply for both a wildlife shelter permit issued under section 935.06 of the Revised Code and a restricted snake propagation permit issued under section 935.10 of the Revised Code.
(D) A person that possesses at least one dangerous wild animal and that intends to propagate the animal solely for the purposes of a species survival program that complies with rules and that possesses at least one restricted snake and does not intend to propagate, sell, trade, or otherwise transfer the snake shall apply for both a wildlife propagation permit issued under section 935.07 of the Revised Code and a restricted snake possession permit issued under section 935.09 of the Revised Code.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 935 | Possession of Wild Animals and Snakes › Section 935.13 | Suspension or Revocation of Permit.

Effective:
September 5, 2012
Latest Legislation:
Senate Bill 310 - 129th General Assembly
The director of agriculture may suspend or revoke a permit issued under this chapter for a violation of this chapter or rules. A person adversely affected by an order of suspension or revocation may request an adjudication under Chapter 119. of the Revised Code.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 935 | Possession of Wild Animals and Snakes › Section 935.14 | Maintenance of Database; Access.

Effective:
September 5, 2012
Latest Legislation:
Senate Bill 310 - 129th General Assembly
(A) The director of agriculture shall maintain a database of both of the following:
(1) Until January 1, 2014, the name and address of each person that possesses a dangerous wild animal and registers the animal under section 935.04 of the Revised Code;
(2) On and after January 1, 2014, the name and address of each person that has applied for and been issued a permit under this chapter.
(B) The director shall allow the directors of health and natural resources to have access to the database.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 935 | Possession of Wild Animals and Snakes › Section 935.15 | Records.

Effective:
September 5, 2012
Latest Legislation:
Senate Bill 310 - 129th General Assembly
(A) A person that has been issued a permit under this chapter shall maintain records of all of the following regarding each dangerous wild animal and each restricted snake that the permit holder possesses:
(1) The scientific and common names of the animal or snake, including the species;
(2) If the animal or snake was purchased or otherwise acquired from another person, the name and address of the other person;
(3) The date on which the animal or snake was acquired, if applicable;
(4) If the permit holder propagates dangerous wild animals, the date of birth of the animal if the animal was propagated by the permit holder;
(5) If the permit holder propagates restricted snakes, the date of birth of the snake if the snake was propagated by the permit holder;
(6) The name and address of the person to whom the animal or snake was sold or otherwise transferred, if applicable;
(7) The date on which the animal or snake died or escaped, if applicable;
(8) The identification number of the microchip that is implanted in the animal and the frequency of the passive integrated transponder contained in the microchip as required in section 935.04 of the Revised Code.
(B) A permit holder shall maintain the records in accordance with rules.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 935 | Possession of Wild Animals and Snakes › Section 935.16 | Escape of Animal; Notification.

Effective:
September 5, 2012
Latest Legislation:
Senate Bill 310 - 129th General Assembly
(A) If a dangerous wild animal or restricted snake escapes, the person that possesses the animal or snake immediately shall notify both of the following:
(1) The sheriff of the county and the chief law enforcement officer of the township or municipal corporation where the escape occurred;
(2) The division of animal health in the department of agriculture by means of the twenty-four-hour telephone number that is maintained by the division.
(B)(1) A law enforcement officer or natural resources law enforcement officer may destroy a dangerous wild animal or restricted snake that has escaped and that poses a threat to public safety.
(2) A law enforcement officer or natural resources law enforcement officer that destroys an escaped dangerous wild animal or restricted snake pursuant to division (B)(1) of this section is not liable for damages in a civil action for any injury, death, or loss to person or property that allegedly arises from the destruction of the animal or snake.
(C) The person that possesses a dangerous wild animal or restricted snake that escapes is responsible for all reasonable costs associated with the capture or destruction of the animal or snake. The person shall reimburse the political subdivision that employs the law enforcement officer who captured or destroyed the dangerous wild animal or restricted snake for the costs incurred in capturing or destroying the animal or snake. However, if the law enforcement officer is a state highway patrol trooper or if a natural resources law enforcement officer captured or destroyed the dangerous wild animal or restricted snake, the person shall reimburse the state highway patrol or department of natural resources, as applicable, for those costs.
(D)(1) Except as provided in division (D)(2) of this section, money collected under division (C) of this section shall be credited to a special fund, which is hereby created in the applicable political subdivision. Money in the special fund shall be used exclusively for the administration and enforcement of this chapter and rules.
(2) Money collected under division (C) of this section for costs incurred by a state highway patrol trooper or a natural resources law enforcement officer under this section shall be deposited in the state treasury to the credit of the dangerous and restricted animal fund created in section 935.25 of the Revised Code.
(3) If law enforcement officers from more than one jurisdiction assist in the capture or destruction of a dangerous wild animal or restricted snake, the money collected shall be proportionally distributed to each political subdivision's special fund and the dangerous and restricted animal fund, if applicable.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 935 | Possession of Wild Animals and Snakes › Section 935.18 | Sale or Auction of Animals Prohibited.

Effective:
September 5, 2012
Latest Legislation:
Senate Bill 310 - 129th General Assembly
(A) Except for a restricted snake specified in division (L)(1) of section 935.01 of the Revised Code, no person shall sell or offer for sale at auction a dangerous wild animal or restricted snake.
(B) Except for a microchip removed for purposes of a medical emergency by a veterinarian that is qualified to provide veterinary care to the dangerous wild animal, no person shall knowingly remove a microchip that is implanted in a dangerous wild animal as required in section 935.04 of the Revised Code.
(C) No person that possesses a dangerous wild animal or restricted snake shall fail to post and display any of the following:
(1) On each cage in which a dangerous wild animal is confined, signs warning the public that a dangerous wild animal is confined in the cage;
(2) At each entrance to the property where a dangerous wild animal is confined, a sign warning the public that a dangerous wild animal is on the property;
(3) On each container in which a restricted snake is confined, a sign warning the public that a restricted snake is in the container;
(4) At the main entrance to each structure where a restricted snake is confined, a sign warning the public that a restricted snake is in the structure;
(5) On a vehicle that is used to transport a dangerous wild animal or restricted snake, a sign warning that a dangerous wild animal or restricted snake, as applicable, is in the vehicle.
The signs shall comply with standards established in rules.
(D) No person shall knowingly release a dangerous wild animal or restricted snake into the wild.
(E) No person shall allow a dangerous wild animal or restricted snake to roam off the property where it is confined.
(F) No person shall remove any teeth or claws from a dangerous wild animal or restricted snake, as applicable, unless determined to be medically necessary by a veterinarian.
(G) No person shall violate any other provisions of this chapter or rules.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 935 | Possession of Wild Animals and Snakes › Section 935.19 | Access to Premises.

Effective:
March 31, 2021
Latest Legislation:
House Bill 24 - 133rd General Assembly
(A)(1) The director of agriculture or the director's designee may enter at all reasonable times any premises at which a dangerous wild animal or restricted snake is confined, with the consent of the owner of the premises, for the purpose of determining compliance with this chapter and rules.
(2) If the director or the director's designee is denied access to any such premises, and if the director reasonably suspects that the person who possesses the dangerous wild animal or restricted snake is not in compliance with this chapter or rules, the director may apply to a court of competent jurisdiction in the county in which the premises is located for a search warrant authorizing access to the premises for the purposes of this section.
(3) The court shall issue the search warrant for the purposes requested if there is probable cause to believe that the person is not in compliance with this chapter or rules. The finding of probable cause may be based on hearsay, provided that there is a substantial basis for believing that the source of the hearsay is credible and that there is a factual basis for the information furnished.
(B) The director may designate any of the following to conduct inspections under this section:
(1) Employees of the department of agriculture;
(2) Natural resources law enforcement officers with the consent of the director of natural resources;
(3) Employees of the department of health with the consent of the director of health;
(4) Employees of a board of health with the consent of the board;
(5) Humane society agents appointed under section 1717.06 of the Revised Code with the consent of the humane society.
(C) If a person designated under division (B) of this section determines, while conducting an inspection, that a violation of this chapter or rules has occurred, is occurring, or may occur, the person shall immediately notify the director of agriculture. The director may proceed as provided in section 935.24 of the Revised Code.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 935 | Possession of Wild Animals and Snakes › Section 935.21 | Other Officers Authorized to Investigate.

Effective:
September 5, 2012
Latest Legislation:
Senate Bill 310 - 129th General Assembly
The director of agriculture may request either of the following to accompany the director or an employee of the department of agriculture for purposes of investigations and inspections conducted under this chapter:
(A) A law enforcement officer;
(B) With the consent of the director of natural resources, a natural resources law enforcement officer.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 935 | Possession of Wild Animals and Snakes › Section 935.22 | Liability for Destruction of Animal or Snake.

Effective:
September 5, 2012
Latest Legislation:
Senate Bill 310 - 129th General Assembly
An employee of an agency or political subdivision of the state that destroys a dangerous wild animal or restricted snake that is a threat to public safety is not liable for damages in a civil action for any injury, death, or loss to person or property that allegedly arises from the destruction of the animal or snake.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 935 | Possession of Wild Animals and Snakes › Section 935.23 | Requirements for Access to Antivenom; List of Species; Liability for Treatment of Bites.

Effective:
September 5, 2012
Latest Legislation:
Senate Bill 310 - 129th General Assembly
(A) The owner of a restricted snake specified in division (L)(2), (3), or (4) of section 935.01 of the Revised Code shall do both of the following:
(1) Have access to antivenom for each species of snake that the person owns either at the location where each snake is confined or at a hospital, as defined in section 3727.01 of the Revised Code, with which the owner has entered into a written agreement to provide the antivenom. However, an owner may apply to the director of agriculture for a waiver to have access to antivenom in a location that is not specified in division (A)(1) of this section.
(2) Submit proof of having access to the antivenom required by division (A)(1) of this section to the sheriff of the county and the chief law enforcement officer of the township or municipal corporation in which each snake that the person owns is confined.
In addition, the owner shall submit a list that contains the name of each species of restricted snake specified in division (L)(2), (3), or (4) of section 935.01 of the Revised Code that the person owns to the sheriff of the county and the chief law enforcement officer of the township or municipal corporation in which each snake is confined. If the restricted snake or snakes owned by the person change, the owner shall submit an updated list to the sheriff of the county and the chief law enforcement officer of the township or municipal corporation in which each such snake is confined no later than seven days after the change occurs.
(B) If a restricted snake specified in division (L)(2), (3), or (4) of section 935.01 of the Revised Code bites a person other than the snake's owner, the owner is liable for all costs associated with the treatment of the bite, including the cost of replacement of any antivenom that was used to treat the bite.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 935 | Possession of Wild Animals and Snakes › Section 935.24 | Civil Penalty.

Effective:
September 5, 2012
Latest Legislation:
Senate Bill 310 - 129th General Assembly
(A) The attorney general, upon request of the director of agriculture, shall bring an action for injunction against any person who has violated, is violating, or is threatening to violate this chapter or rules. The court of common pleas in which an action for injunction is filed has jurisdiction to and shall grant preliminary and permanent 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 or rules.
(B)(1) The director may assess a civil penalty against any person that the director determines is not in compliance with this chapter or rules.
(2) The director shall afford the person an opportunity for an adjudication 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. However, the person may waive the right to an adjudication.
(3) If the opportunity for an adjudication is waived or if, after an adjudication, the director determines that a violation has occurred or is occurring, the director may issue an order and assess a civil penalty in an amount established in rules against the violator. The order and the assessment of the civil penalty may be appealed in accordance with section 119.12 of the Revised Code.
(C) Notwithstanding any other section of the Revised Code, money resulting from any action taken under this section shall be credited to the dangerous and restricted animal fund created in section 935.25 of the Revised Code.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 935 | Possession of Wild Animals and Snakes › Section 935.25 | Dangerous and Restricted Animal Fund.

Effective:
September 5, 2012
Latest Legislation:
Senate Bill 310 - 129th General Assembly
(A) There is hereby created in the state treasury the dangerous and restricted animal fund, which shall consist of all of the following:
(1) Money collected from permit application fees under this chapter;
(2) Money credited to the fund under division (J)(1) of section 935.20 of the Revised Code;
(3) Money credited to the fund under division (D) of section 935.24 of the Revised Code.
(B) Money in the fund shall be used for any of the following purposes:
(1) Administration and enforcement of this chapter and rules;
(2) Compensation of the department of natural resources or the state highway patrol for the costs incurred in capturing or destroying a dangerous wild animal or restricted snake pursuant to section 935.16 of the Revised Code;
(3) Compensation of the departments of natural resources and health, the state highway patrol, and boards of health for the costs incurred in conducting investigations and quarantining or transferring a dangerous wild animal or restricted snake pursuant to section 935.20 of the Revised Code;
(4) Compensation of a facility that is on the list maintained by the director of agriculture under division (K) of section 935.20 of the Revised Code and that accepts a dangerous wild animal or restricted snake pursuant to that section.
(C) Investment earnings of the fund shall be credited to the fund.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 935 | Possession of Wild Animals and Snakes › Section 935.29 | Local Ordinances.

Effective:
September 5, 2012
Latest Legislation:
Senate Bill 310 - 129th General Assembly
(A) For the purposes of this section, ordinances to control dangerous wild animals, restricted snakes, or both include, but are not limited to, ordinances concerned with the acquisition or possession of dangerous wild animals or restricted snakes, dangerous wild animals or restricted snakes as public nuisances, and dangerous wild animals or restricted snakes as a threat to public health, safety, and welfare.
(B) A municipal corporation may adopt and enforce ordinances that are more stringent than the requirements established by this chapter and rules in order to control dangerous wild animals, restricted snakes, or both within the municipal corporation.
(C) No person shall violate an ordinance adopted under this section.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 935 | Possession of Wild Animals and Snakes › Section 935.99 | Criminal Penalties.

Effective:
September 5, 2012
Latest Legislation:
Senate Bill 310 - 129th General Assembly
(A) Whoever violates division (A), (B), (C), (E), (F), or (G) of section 935.18 of the Revised Code is guilty of a misdemeanor of the first degree on a first offense and a felony of the fifth degree on each subsequent offense.
(B) Whoever violates division (D) of section 935.18 of the Revised Code is guilty of a felony of the fifth degree.
(C) Whoever violates division (C) of section 935.29 of the Revised Code is guilty of a minor misdemeanor. Each day of continued violation constitutes a separate offense. Fines levied and collected for violations of that division shall be distributed by the mayor or clerk of the municipal court in accordance with section 733.40 or division (F) of section 1901.31 of the Revised Code to the treasury of the municipal corporation whose ordinance was violated.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 936 | Propane Council › Section 936.01 | Definitions.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
As used in this chapter:
"Education" means any activity designed to provide information regarding propane, propane equipment, mechanical and technical practices, and uses and promotion of propane to consumers and members of the propane industry.
"Propane" means liquefied petroleum gas, a material with a vapor pressure not exceeding that of commercial propane composed predominately of the following hydrocarbons or mixtures:
(A) Propane;
(B) Propylene;
(C) Butane;
(D) Butylene
"Propane council" or "council" means the propane council created under section 936.02 of the Revised Code.
"Retailer" means a person engaged primarily in the sale of odorized propane to the ultimate consumer or to a retail propane dispenser.
"Wholesale distributor" means a person whose primary business involves the sale of propane to a retailer.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 936 | Propane Council › Section 936.02 | Establishment; Members.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
(A) The director of agriculture shall establish a propane council and adopt rules in accordance with Chapter 119. of the Revised Code necessary to implement this chapter.
(B) The director shall appoint the following members to the council in accordance with this section and rules adopted under it:
(1) Two multi-state propane gas retailers;
(2) Two intrastate propane gas retailers;
(3) One cooperative propane gas retailer;
(4) One wholesale propane gas wholesale distributor;
(5) One propane gas equipment dealer;
The director of agriculture or the director's designee and the state fire marshal or the fire marshal's designee also shall serve on the council.
(C) The director shall appoint members under divisions (B)(1) through (5) of this section from a list submitted by a qualified statewide propane association. The director shall not appoint a person as a member of the council unless the person is at least twenty-five years old and has at least five years of active experience in the propane gas industry.
(D) Not later than ninety days after the effective date of this section, the director shall make initial appointments to the council. Members shall serve three-year staggered terms of office in accordance with rules adopted by the director.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 936 | Propane Council › Section 936.03 | Marketing Program.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
The propane council shall adopt procedures by which retailers of propane in this state may propose, develop, and operate a marketing program to do all of the following:
(A) Promote the safe and efficient use of propane;
(B) Demonstrate to the general public the importance and economic significance of propane;
(C) Develop new uses and markets for propane and enable engagement in promotional activities that incentivize the use of propane;
(D) Support research, training, and educational activities concerning the propane industry;
(E) Determine the eligibility of retailers to participate in referendums and other procedures that may be required to establish the marketing program;
(F) Establish procedures necessary to implement and administer the marketing program;
(G) Enter into contracts with qualified organizations, agencies, individuals, or any combination thereof, to carry out the purpose of the marketing program;
(H) Employ staff to carry out the purpose of the marketing program.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 936 | Propane Council › Section 936.04 | Petition for Referendum.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
(A) Retailers in this state may present the propane council with a petition signed by the lesser of twenty-five or ten per cent of all such retailers requesting that the council hold a referendum in accordance with section 936.05 of the Revised Code to establish or amend a marketing program for propane.
(B) At the time of presentation of the petition to the council under division (A) of this section, the petitioners also shall present the proposed program or amendment, which shall include all of the following:
(1) The rate of assessment to be made on the volume of odorized propane purchased by a retailer from a wholesale distributor in this state, which shall not exceed five thousandths of a mill per gallon;
(2) Terms, conditions, limitations, and other eligibility qualifications for assessment;
(3) Procedures and eligibility requirements for a refund of the assessment.
(C) Before the council makes a decision to approve or disapprove a proposed program or amendment, the council shall publish in at least two appropriate periodicals designated by the council a notice that the program or amendment has been proposed and informing interested persons of the procedures for submitting comments regarding the proposal. After publishing the notice, the council shall provide interested persons with a copy of the proposed program or amendment and an opportunity to comment on the proposed program or amendment for thirty days after the publication of the notice. The petitioners may make changes to the proposed program or amendment based upon the comments received. The council may make technical changes to the proposal to ensure compliance with this chapter. Subsequent to any changes made by the petitioners or any technical changes made by the council to a proposed program or amendment, the council may approve or disapprove the proposed program or amendment.
(D) If the council approves the proposed program or amendment, with any changes made under division (C) of this section, the council shall hold a referendum in accordance with section 936.05 of the Revised Code to establish a marketing program for propane or to amend an existing program.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 936 | Propane Council › Section 936.05 | Referendum.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
(A) Not later than ninety days after the propane council has approved a marketing program proposed under section 936.04 of the Revised Code, or an amendment to such a program, the council shall determine by a referendum whether the eligible retailers, as determined under section 936.03 of the Revised Code, favor the proposed program or amendment. The council shall cause a ballot request form to be published not less than thirty days before the beginning of the election period established under division (B) of this section in at least two appropriate periodicals designated by the council and shall make the form available for reproduction to any qualified statewide propane association.
(B) In a referendum held under this section, each eligible retailer is entitled to one vote. The council shall establish a three-day period during which eligible retailers may vote either in person during normal business hours at polling places designated by the council or by mailing a ballot to such a polling place. The council shall send a mail-in ballot by first-class mail to any eligible retailer who requests one by sending in the ballot request form provided for in division (A) of this section or by any additional method that the council may provide. A ballot that is returned by mail is not valid if it is postmarked later than the third day of the election period established by the council.
(C) A marketing program or an amendment to a marketing program is favored by retailers if a majority of the retailers who vote in the referendum vote in favor of the program or amendment.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 936 | Propane Council › Section 936.06 | Order for Establshment of Program.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
When the retailers who vote in a referendum held under section 936.05 of the Revised Code favor a proposed marketing program, the propane council shall order the program established.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 936 | Propane Council › Section 936.07 | Duties of Director.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
The director of agriculture shall monitor the actions of the propane council to ensure all of the following:
(A) A marketing program is self-supporting.
(B) The council keeps all records that are required for agencies of the state.
(C) All program operations are in accord with both of the following:
(1) The provisions of the marketing program;
(2) This chapter and procedures established under it.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 936 | Propane Council › Section 936.08 | Assessments.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
(A) For the purpose of a marketing program established under this chapter, the council may levy assessments on retailers at the time of purchase of odorized propane by a retailer from a wholesale distributor. The council shall base the assessments on the volume of odorized propane purchased by the retailer from the wholesale distributor.
(B) A marketing program shall require a refund of assessments collected under this section after receiving an application for a refund from a retailer who has been assessed and is eligible for a refund. The retailer shall submit the application for a refund on a form furnished by the council. The council shall ensure that refund forms are available where assessments for its program are withheld.
A retailer who desires a refund shall submit a request for a refund not later than thirty days after the end of the month for which the request is submitted. The council shall refund the assessment to the retailer not later than sixty days after the request for the refund is submitted.
(C) The propane council shall not use money from any assessments that it levies for any political or legislative purpose or for preferential treatment of one person to the detriment of another person who is affected by the marketing program that the council administers.
(D) If the propane council requests that a retailer seeking a refund provide additional information to support a refund request, any additional information provided to the council is not a public record under section 149.43 of the Revised Code, is confidential, and the propane council shall treat the information as confidential.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 936 | Propane Council › Section 936.09 | Fund for Marketing Program.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
(A) There is hereby established a fund for the marketing program that is established by the propane council under this chapter. The fund shall be in the custody of the treasurer of state, but shall not be part of the state treasury. Except as authorized in division (B) of this section, all money collected pursuant to section 936.08 of the Revised Code for the marketing program shall be paid into the fund for the marketing program and shall be disbursed only pursuant to a voucher signed by the chairperson of the council for use in defraying the costs of administration of the marketing program and for carrying out sections 936.03 and 936.11 of the Revised Code.
(B) In lieu of deposits in the fund established under division (A) of this section, the propane council may deposit all money collected pursuant to section 936.08 of the Revised Code with a bank as defined in section 1101.01 of the Revised Code. All money collected pursuant to section 936.08 of the Revised Code for the marketing program and deposited pursuant to this division also shall be used only in defraying the costs of administration of the marketing program and for carrying out sections 936.03 and 936.11 of the Revised Code.
(C) The council shall establish a fiscal year for its marketing program, shall publish an activity and financial report within sixty days of the end of each fiscal year, and shall make the report available to each retailer who pays an assessment or otherwise contributes to the marketing program that the council administers and to other interested persons.
(D) In addition to the report required by division (C) of this section, if the council deposits money in accordance with division (B) of this section, the council shall annually submit a financial statement prepared by a certified public accountant holding valid certification from the Ohio board of accountancy issued pursuant to Chapter 4701. of the Revised Code to the department of agriculture. The council shall file the financial statement with the department not more than one hundred fifty days after the end of each fiscal year.
(E) The council shall use money in the fund or deposited in a bank to promote the common good, welfare, and advancement of the propane industry, including, but not limited to, all of the following activities and programs:
(1) Education;
(2) Training;
(3) Safety compliance;
(4) Advertising;
(5) Promotion;
(6) Customer rebates to encourage energy efficient appliance and equipment purchases by residential, commercial, or agricultural customers.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 936 | Propane Council › Section 936.10 | Suspension of All or Part of Program.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
(A) The director of agriculture temporarily may suspend the operation of a marketing program, or any part of a program, established under this chapter for any reason upon recommendation by the propane council for a period of not more than twelve consecutive months.
(B) At least once in each five years of operation, or at any time upon written petition by the lesser of twenty-five or ten per cent of the retailers in this state, the council shall hold a hearing as prescribed in Chapter 119. of the Revised Code to consider the continuation of the program.
(C) Not later than thirty days after the close of any hearing to consider the continuation of a marketing program, the council shall recommend continuation or termination of the program, shall give public notice, and shall notify each retailer of record, all parties appearing at the hearing, and other interested parties of the recommendation.
(D) When the council recommends termination of a marketing program, within forty-five days the council shall conduct a referendum to determine whether retailers favor the proposed termination. Retailers favor the termination of the program if a majority of the retailers who vote in the referendum vote in favor of termination of the program.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 936 | Propane Council › Section 936.11 | Termination of Program.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
(A) When retailers favor termination of a marketing program established under this chapter, the propane council shall terminate all operations of the program.
(B)(1) Except as provided in division (B)(2) of this section, upon termination of a program, the council shall return any remaining unobligated money to the retailers who paid the assessments levied under section 936.08 of the Revised Code during the immediately preceding twelve months and shall prorate the money accordingly.
(2) If a program is operated by a nonprofit corporation that is organized under Chapter 1702. of the Revised Code for the purpose of carrying out the purposes identified in section 936.03 of the Revised Code, and if the nonprofit corporation is exempt from federal income taxation pursuant to section 501(a) of the Internal Revenue Code and is described in section 501(c)(3) of the Internal Revenue Code, upon termination of the program, the nonprofit corporation shall distribute any remaining unobligated money to be used for one or more exempt purposes within the meaning of section 501(c)(3) of the Internal Revenue Code or to the federal, a state, or a local government to be used for a public purpose. If there remains any unobligated money after the distribution by the nonprofit corporation, the court of common pleas of the county in which the principal office of the nonprofit corporation is located shall distribute the remaining unobligated money to be used for one or more exempt purposes within the meaning of section 501(c)(3) of the Internal Revenue Code, to the federal, a state, or a local government to be used for a public purpose, or to one or more organizations that are organized and operated exclusively for one or more of the purposes that are within the meaning of section 501(c)(3) of the Internal Revenue Code, as the court determines is best to accomplish the exempt purposes of the nonprofit corporation.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 936 | Propane Council › Section 936.12 | Enforcement.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
The propane council may institute an action at law or in equity that appears necessary to enforce compliance with this chapter, a procedure established under it, or a marketing program established under it.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 936 | Propane Council › Section 936.13 | Violation.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
No retailer shall knowingly fail or refuse to withhold or remit any assessment levied under section 936.08 of the Revised Code.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 939 | Soil and Water Conservation › Section 939.03 | Operation and Management Plan; Nuisances; Complaint.

Effective:
January 1, 2016
Latest Legislation:
House Bill 64 - 131st General Assembly
(A) A person who owns or operates agricultural land or an animal feeding operation may develop and operate under an operation and management plan approved by the director of agriculture or the director's designee under section 939.02 of the Revised Code or by the supervisors of the applicable soil and water conservation district under section 940.06 of the Revised Code.
(B) A person who wishes to make a complaint regarding nuisances involving agricultural pollution may do so orally or by submitting a written, signed, and dated complaint to the director or to the director's designee. After receiving an oral complaint, the director or the director's designee may cause an investigation to be conducted to determine whether agricultural pollution has occurred or is imminent. After receiving a written, signed, and dated complaint, the director or the director's designee shall cause such an investigation to be conducted.
(C) In a private civil action for nuisances involving agricultural pollution, it is an affirmative defense if the person owning, operating, or otherwise responsible for agricultural land or an animal feeding operation is operating under and in substantial compliance with an approved operation and management plan developed under division (A) of this section, with an operation and management plan developed by the director or the director's designee under section 939.02 of the Revised Code or by the supervisors of the applicable soil and water conservation district under section 940.06 of the Revised Code, or with an operation and management plan required under division (A)(2) of section 939.02 of the Revised Code. Nothing in this section is in derogation of the authority granted to the director in division (E) of section 939.02 and in section 939.07 of the Revised Code.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 939 | Soil and Water Conservation › Section 939.04 | Composting of Dead Animals.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
(A) A person who owns or operates an agricultural operation, or owns the animals raised by the owner or operator of an agricultural operation, and who wishes to conduct composting of dead animals resulting from the agricultural operation shall do both of the following:
(1) Participate in an educational course concerning composting conducted by OSU extension and obtain a certificate of completion for the course;
(2) Use the appropriate method, technique, or practice of composting established in rules adopted under division (E)(5) of section 939.02 of the Revised Code.
(B) A person who fails to comply with division (A) of this section shall prepare and operate under a composting plan required by the director of agriculture under division (A)(2) of section 939.02 of the Revised Code. If the person's proposed composting plan is disapproved by the supervisors of the appropriate soil and water conservation district under division (S)(3) of section 940.06 of the Revised Code, the person may appeal the plan disapproval to the director, who shall afford the person a hearing. Following the hearing, the director shall uphold the plan disapproval or reverse it. If the director reverses the disapproval, the plan shall be deemed approved.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 939 | Soil and Water Conservation › Section 939.05 | Cooperative Agreements With Supervisors of Soil and Water Conservation District.

Effective:
January 1, 2016
Latest Legislation:
House Bill 64 - 131st General Assembly
The director of agriculture, subject to approval of the terms of the agreement by the Ohio soil and water conservation commission, shall enter into cooperative agreements with the supervisors of a soil and water conservation district desiring to enter into those agreements pursuant to section 940.06 of the Revised Code. The agreements shall be entered into to obtain compliance with rules of the director pertaining to agricultural pollution abatement.
The director or the director's designee may enter at reasonable times on private property, with the consent of the property owner, or on public property to inspect and investigate conditions to determine whether or not there is compliance with the rules adopted under division (E)(1) of section 939.02 of the Revised Code. Upon reason to believe there is a violation, the director or the director's designee may apply for and a judge of the court of common pleas for the county where the land is located may issue an appropriate search warrant as necessary to achieve the purposes of this chapter.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 939 | Soil and Water Conservation › Section 939.06 | Director May Enter Into Contracts or Agreements.

Effective:
January 1, 2016
Latest Legislation:
House Bill 64 - 131st General Assembly
The director of agriculture may do any of the following:
(A) Enter into contracts or agreements with any agency of the United States government, or any other public or private agency, or organization, for the performance of the prescribed duties of the department of agriculture under this chapter and Chapter 940. of the Revised Code or for accomplishing cooperative projects within the scope of those duties;
(B) Enter into agreements with local government agencies for the purpose of soil surveys, land use inventories, and other soil-related duties;
(C) Accept donations, grants, and contributions in money, service, or equipment to enhance or expedite the prescribed work of the department.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 939 | Soil and Water Conservation › Section 939.08 | Application of Manure in the Western Basin.

Effective:
January 1, 2016
Latest Legislation:
House Bill 64 - 131st General Assembly
(A) Except as provided in division (B) of this section, no person in the western basin shall surface apply manure under any of the following circumstances:
(1) On snow-covered or frozen soil;
(2) When the top two inches of soil are saturated from precipitation;
(3) When the local weather forecast for the application area contains greater than a fifty per cent chance of precipitation exceeding one-half inch in a twenty-four-hour period.
(B) Division (A) of this section does not apply if a person in the western basin applies manure under any of the following circumstances:
(1) The manure is injected into the ground.
(2) The manure is incorporated within twenty-four hours of surface application.
(3) The manure is applied onto a growing crop.
(4) In the event of an emergency, the director of agriculture or the director's designee provides written consent and the manure application is made in accordance with procedures established in the United States department of agriculture natural resources conservation service practice standard code 590 prepared for this state.
(C)(1) Upon receiving a complaint by any person or upon receiving information that would indicate a violation of this section, the director or the director's designee may investigate or make inquiries into any alleged failure to comply with this section.
(2) After receiving a complaint by any person or upon receiving information that would indicate a violation of this section, the director or the director's designee may enter at reasonable times on any private or public property to inspect and investigate conditions relating to any such alleged failure to comply with this section.
(3) If an individual denies access to the individual's property, the director may apply to a court of competent jurisdiction in the county in which the premises is located for a search warrant authorizing access to the premises for the purposes of this section.
(4) The court shall issue the search warrant for the purposes requested if there is probable cause to believe that the person is not in compliance with this section. The finding of probable cause may be based on hearsay, provided that there is a reasonable basis for believing that the source of the hearsay is credible.
(D) This section does not affect any restrictions established in Chapter 903. of the Revised Code or otherwise apply to those entities or facilities that are permitted as concentrated animal feeding facilities under that chapter.
(E) As used in this section, "western basin" has the same meaning as in section 905.326 of the Revised Code.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 939 | Soil and Water Conservation › Section 939.10 | Agricultural Pollution Abatement Fund.

Effective:
January 1, 2016
Latest Legislation:
House Bill 64 - 131st General Assembly
There is hereby created in the state treasury the agricultural pollution abatement fund, which shall be administered by the director of agriculture. The fund may be used to pay costs incurred by the department of agriculture under division (E) of section 939.07 of the Revised Code in investigating, mitigating, minimizing, removing, or abating any pollution of the waters of the state caused by agricultural pollution or an unauthorized release, spill, or discharge of manure into or upon the environment that requires emergency action to protect the public health.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 940 | Soil and Water Conservation Commission › Section 940.03 | County to Have District Coextensive With Its Geographic Area.

Effective:
January 1, 2016
Latest Legislation:
House Bill 64 - 131st General Assembly
Each county shall have a soil and water conservation district coextensive with the geographic area of the county, and each district shall constitute a political subdivision of this state.