Certain Snakes Listed As "Restricted" In Ohio "Dangerous Wild Animal" Bill
** First Hearing Set For Tomorrow, March 14th **


The Issue:

Ohio State Senator Troy Balderson has introduced legislation, Senate Bill 310, banning certain “dangerous wild animals” and setting possession standards for a list of “restricted snakes”. SB 310 sets forth permit requirements, liability insurance provisions, a list of ownership restrictions and requirements, mandates plans of action of escaped animals and calls for the Department of Agriculture to oversee the permit system as well as to promulgate any rules associated with these laws, including adding animals in the future to the “dangerous wild animal” and “restricted snake” list.

PIJAC has been on the ground and working with legislators in Ohio on this bill for months, and is continuing talks to have reptiles removed completely from the bill. The Senate Agriculture, Environment & Natural Resources Committee will hold its first hearing on SB 310 on Wednesday, March 14th, in which only Senator Balderson and the Ohio Department of Agriculture will be presenting testimony. There will be opportunity for testimony of those who oppose the bill in upcoming weeks so we urge you to check the Breaking News page of the PIJAC website regularly for updates. In the meantime, we ask everyone affected by this bill to contact committee members NOW!!

The Impact:

Ban on “Dangerous Wild Animals”

Senate Bill 310 provides an outright ban on possession of a “dangerous wild animal” on or after January 1, 2014. After this time, no person will be allowed to acquire, buy, sell, trade, or transfer possession or ownership of a dangerous wild animal. The bill provides a list of animals considered as “dangerous wild animals” that includes caimans, alligators and crocodiles (for a complete list please read full text of the bill). Any person that possesses a dangerous wild animal on January 1, 2014 will be required to register the animal with the Director of Agriculture within 60 days.

“Restricted Snakes”

Senate Bill 310 sets forth separate conditions for ownership of certain “restricted snakes”. The bill provides that the following snakes are considered “restricted snakes”:

Green anacondas;
Yellow anacondas;
Reticulated pythons;
Indian pythons;
Burmese pythons;
North African rock pythons;
South African rock pythons;
Amethystine pythons;
Boa constrictors
Species of the Family Atractaspididae;
Species of the Family Elapidae;
Species of the Family Viperidae;
Boomslang snakes;
Twig snakes; and
Any other snakes designated by the Director in rules.

A person who possesses a restricted snake prior to January 1, 2014 must obtain a restricted snake possession permit or a snake propagation permit no later than January 1, 2014. Any person who acquires a restricted snake on or after January 1, 2014 will also be required to obtain a restricted snake possession permit or snake propagation permit no later than 120 days after acquiring the snake.

Annual fee requirements for a restricted snake possession permit are:

$100 – possession of not more than three restricted snakes;
$300 – possession of four to 15 restricted snakes; and
$500 – possession of 16 or more restricted snakes.

Annual fee requirements for a snake propagation permit are:

$250 – if the applicant possesses not more than three restricted snakes;
$600 – if the applicant possesses four to 15 restricted snakes; and
$1,000 – if the applicant possesses 16 or more restricted snakes.

Owners of restricted snakes must also obtain and maintain a liability insurance policy in the following amounts:

$100,000 – not more than five restricted snakes;
$250,000 – six to 15 restricted snakes; and
$500,000 – 16 or more restricted snakes.

The bill provides different liability insurance requirements for boa constrictor owners. If an applicant possesses one or more boa constrictors, but no other restricted snakes, the amount of the insurance coverage required is as follows:

$5,000 – not more than five such restricted snakes;
$10,000 – six, but not more than fifteen such restricted snakes; and
$15,000 – 16 or more such restricted snakes.

NOTE: Owners of restricted snakes must also submit a plan of action in case of an animal escape, the same as mentioned above for dangerous wild animals.

Dangerous Wild Animal and Restricted Snake Permit Holder Requirements

This legislation provides many requirements and conditions for permit holders to follow. Below is a brief synopsis of some of these requirements.

Recordkeeping Requirements

Any person that has been issued a permit to maintain a dangerous wild animal or to possess a restricted snake must keep records including information on when the animal was acquired, transfer information, propagation information, microchip information and more. For a complete list of recordkeeping requirements please see the full text of the bill.

Escape Notification Requirements

If a dangerous wild animal or restricted snake escapes, the person that possesses the animal or snake must immediately notify the sheriff of the county and the chief law enforcement officer of the township or municipal corporation where the escape occurred AND the division of animal health in the department of agriculture by means of the 24-hour telephone number that is maintained by the division. 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.

Posting Requirements

Permit holders will be required to post and display signs warning the public that a dangerous wild animal or restricted snake is on the property in the following places:

Along the boundary of the property where each dangerous wild animal is confined.
At the main entrance to the property where each dangerous wild animal or restricted snake is confined.
On a vehicle that is used to transport a dangerous wild animal or restricted snake.

NOTE: Permit holders are also obligated to follow any rules designated by the department relating to housing/caging standards and standards of care for these animals. 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 these requirements. SB 310 creates the “Dangerous and Restricted Animals Advisory Board” to help review the rules related to these animals and to assist in advising the Director of Agriculture on the administration of this rules. (For a complete list of representatives on the Board please refer to the text of the bill.)

Penalties

Anyone who knowingly releases a dangerous wild animal or restricted snake into the wild is guilty of a felony of the fifth degree. Anyone who violates the requirements provided in SB 310 is guilty of a misdemeanor of the first degree on a first offense and a felony of the fifth degree on each subsequent offense.

PIJAC Position:

PIJAC supports reasonable regulation of animals that may pose a threat to public health or safety, but does not believe absolute bans are sound public policy. PIJAC believes that it is only appropriate to promote sound ownership of certain species, not generally kept as pets, by ensuring that the owners of these animals have the specific knowledge and facilities to properly maintain them. While allowing continued possession of “restricted snakes” is better than a ban, many of the snakes listed as “restricted” pose little to no threat to the public. These snakes are slow moving, do well in captivity and do not become large in size. Some of the snakes listed are widely-traded in the pet industry and should be removed all together from the list. For these reasons, PIJAC cannot support this bill in its current form.

Recommended Action:

As stated above, a hearing is scheduled for Wednesday, March 14, 2012 in the Senate Agriculture, Environment & Natural Resources Committee at 9:30 a.m. in the North Hearing Room of the Senate Building. At this hearing only Senator Balderson and representatives from the Ohio Department of Agriculture will be presenting statements. Hearings are expected every week in the weeks to come. We urge everyone affect by this legislation to read the bill carefully and contact committee members immediately with concerns and questions. As our efforts continue to amend this bill, please tell committee members you support PIJAC’s position and want to remove snakes from this legislation.

Ohio Senate Agriculture, Environment & Natural Resources Committee:

Sen. Cliff Hite (Chair)(R-01) 614/466-8150

Sen. Tim Schaffer (V-Chair)(R-31) 614/466-5838

Sen. Troy Balderson (R-20) 614/466-8076

Sen. Dave Burke (R-26) 614/466-8049

Sen. Capri S. Cafaro (D-32) 614/466-7182

Sen. Keith Faber (R-12) 614/466-7584

Sen. Lou Gentile (D-30) 614/466-6508

Sen. Gayle Manning (R-13) 614/644-7613

Sen. Joe Schiavone (D-33) 614/466-8285

If you have further questions or concerns feel free to contact PIJACPIJAC