By CELESTE BAUMGARTNER
Ohio Correspondent

COLUMBUS, Ohio — With the passage and enactment of House Bill 22, Ohio farmers have important legal protection if animals escape through no fault of their owners. The legislation passed the Ohio House and Senate unanimously, and was signed into law by Gov. John Kasich.

“There were a couple of issues recently throughout the state of Ohio,” said state Rep. Dave Hall (R-District 97), House Agriculture and Natural Resources Committee chair. “We had some farmers where an animal had gotten loose – there were several serious cases where the farmers were being prosecuted – had the book thrown at them.

“Animals get loose; things happen like that,” said Hall, who is a farm owner. “Anyone who has had a farm, if you have a tree go down and it opens up the fence – that happened many times when I was on the farm. It is an accident; farmers are going to take care of it.”

HB 22 was introduced after a series of recent court decisions that opened up Ohio’s animals at large law to interpretation as a strict liability statute, according to the Ohio Farm Bureau, which supported the bill. During testimony on the bill, Farm Bureau representatives explained livestock farmers have a strong interest in keeping their animals contained; however, sometimes situations out of their control can lead to an animal getting out.

There were cases in which farmers were sentenced to jail time or given significant fines when an animal escaped through no fault of the owner. HB 22 clarifies state law by establishing clear standards for civil and criminal liability and ensures that farmers whose animals escape fences and buildings through no fault of the owner do not face criminal charges.

Such incidences include natural disasters, acts of weather, mischief or vandalism, Farm Bureau stated.

As the general population grows around and subdivisions pop up throughout farm areas, sometimes animals get out onto other people’s property. Hall said, “It shouldn’t be something where a farmer has to be locked up for something like that.”

Animal owners will continue to be civilly liable for damages if the animal gets out through a negligent act of said owner, according to HB 22, but criminal penalties will only apply if the owner acts in a reckless manner.
State Rep. Danny Bubp (R-District 88) sponsored the bill. Senate Agriculture, Environment and Natural Resources Committee Chair Cliff Hite (R-District 1) and the Ohio State Bar Assoc. also contributed to this improvement in state law for livestock owners.