As Introduced 1
122nd General Assembly 4
Regular Session H. B. No. 219 5
1997-1998 6
REPRESENTATIVE REID 8
10
A B I L L
To amend sections 955.01 and 955.05 and to enact 12
section 955.012 of the Revised Code to authorize 13
the issuance without a fee of annual 14
registrations for narcotics detector canines of 15
specified law enforcement agencies. 16
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 18
Section 1. That sections 955.01 and 955.05 be amended and 20
section 955.012 of the Revised Code be enacted to read as 21
follows: 22
Sec. 955.01. (A)(1) Except as otherwise provided in this 31
section or in sections 955.011, 955.012, and 955.16 of the 33
Revised Code, every person who owns, keeps, or harbors a dog more 34
than three months of age, shall FILE, on or after the first day 35
of the preceding December but before the twentieth day of January 36
of each year, file in the office of the county auditor of the 37
county in which the dog is kept or harbored, an application for 38
registration for the following year, beginning the twentieth day 39
of January of that year. The board of county commissioners may, 40
in case of an emergency, MAY extend the period for filing the 41
application. The application shall state the age, sex, color, 42
character of hair, whether short or long, AND breed, if known, OF 43
THE DOG and the name and address of the owner of the dog. A 45
registration fee of two dollars for each dog shall accompany the 46
application, unless a greater fee has been established under 47
division (A)(2) of this section or under section 955.14 of the 48
Revised Code.
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(2) A board of county commissioners may establish a 50
registration fee higher than the one provided for in division 51
(A)(1) of this section for dogs more than nine months of age that 52
have not been spayed or neutered, except that the higher 53
registration fee permitted by this division shall not apply if a 54
person registering a dog furnishes with the application either a 55
certificate from a licensed veterinarian verifying that the dog 56
should not be spayed or neutered because of its age or medical 57
condition or because the dog is used or intended for use for show 58
or breeding purposes or a certificate from the owner of the dog 59
declaring that the owner holds a valid hunting license issued by 60
the division of wildlife of the department of natural resources 61
and that the dog is used or intended for use for hunting 62
purposes. If the board establishes such a fee, the application 63
for registration shall state whether the dog is spayed or 64
neutered, and whether a licensed veterinarian has certified that 65
the dog should not be spayed or neutered or the owner has stated 66
that the dog is used or intended to be used for hunting purposes. 67
The board may require a person who is registering a spayed or 68
neutered dog to furnish with the application a certificate from a 69
licensed veterinarian verifying that the dog is spayed or 70
neutered. No person shall furnish a certificate under this 71
division which he THE PERSON knows to be false. 72
(B) If the application for registration is not filed and 74
the registration fee paid, on or before the twentieth day of 75
January of each year or, in case of an emergency, the date 76
established by the board, the auditor shall assess a penalty in 77
an amount equal to the registration fee upon the owner, keeper, 78
or harborer, which must be paid with the registration fee. 79
Sec. 955.012. (A) AS USED IN THIS SECTION: 82
(1) "CONTROLLED SUBSTANCE" HAS THE SAME MEANING AS IN 84
SECTION 3719.01 OF THE REVISED CODE. 86
(2) "LAW ENFORCEMENT AGENCY" MEANS THE STATE HIGHWAY 88
PATROL, THE OFFICE OF A COUNTY SHERIFF, THE POLICE DEPARTMENT OF 89
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A MUNICIPAL CORPORATION OR TOWNSHIP, OR A TOWNSHIP OR JOINT 90
TOWNSHIP POLICE DISTRICT. 91
(3) "NARCOTICS DETECTOR CANINE" MEANS A DOG UTILIZED BY A 93
LAW ENFORCEMENT AGENCY FOR THE PRIMARY PURPOSE OF DETECTING THE 94
PRESENCE OF A CONTROLLED SUBSTANCE. 95
(B) INSTEAD OF OBTAINING AN ANNUAL REGISTRATION UNDER 98
SECTION 955.01 OF THE REVISED CODE, A LAW ENFORCEMENT AGENCY 100
OWNING, KEEPING, OR HARBORING A NARCOTICS DETECTOR CANINE MAY 101
OBTAIN AN ANNUAL REGISTRATION FOR THE DOG AS A NARCOTICS DETECTOR 102
CANINE UNDER THIS SECTION. THE APPLICATION FOR A NARCOTICS 103
DETECTOR CANINE REGISTRATION SHALL BE SUBMITTED TO THE COUNTY 104
AUDITOR OF THE COUNTY IN WHICH THE CENTRAL OFFICE OF THE LAW 105
ENFORCEMENT AGENCY THAT OWNS, KEEPS, OR HARBORS THE DOG IS 106
LOCATED, EXCEPT THAT, IN THE CASE OF A DOG OWNED, KEPT, OR 107
HARBORED BY THE STATE HIGHWAY PATROL, THE APPLICATION SHALL BE 108
SUBMITTED TO THE COUNTY AUDITOR OF THE COUNTY IN WHICH IS LOCATED 109
THE STATE HIGHWAY PATROL POST TO WHICH THE DOG AND ITS HANDLER 110
PRIMARILY ARE ASSIGNED. THE APPLICATION SHALL BE SUBMITTED ON OR 111
AFTER THE FIRST DAY OF DECEMBER IMMEDIATELY PRECEDING THE 112
BEGINNING OF THE REGISTRATION YEAR AND BEFORE THE TWENTIETH DAY 113
OF JANUARY OF THAT YEAR. IF THE PERIOD FOR FILING REGISTRATION 115
APPLICATIONS UNDER DIVISION (A)(1) OF SECTION 955.01 OF THE 117
REVISED CODE IS EXTENDED IN THE COUNTY IN WHICH A NARCOTICS 119
DETECTOR CANINE IS TO BE REGISTERED, AN APPLICATION FOR 120
REGISTRATION UNDER THIS SECTION SHALL BE SUBMITTED TO THE COUNTY 121
AUDITOR NOT LATER THAN THE REGISTRATION DEADLINE FOR THAT YEAR, 122
AS SO EXTENDED.
THE APPLICATION FOR REGISTRATION OF A NARCOTICS DETECTOR 124
CANINE SHALL STATE THE AGE, SEX, HAIR COLOR, CHARACTER OF HAIR, 126
WHETHER SHORT OR LONG, AND BREED, IF KNOWN, OF THE DOG, THE NAME 127
AND ADDRESS OF THE OWNER OF THE DOG, AND, IF THE LAW ENFORCEMENT 128
AGENCY KEEPING OR HARBORING THE DOG IS DIFFERENT FROM THE OWNER, 129
THE NAME OF THAT LAW ENFORCEMENT AGENCY. IN THE CASE OF A DOG 131
OWNED, KEPT, OR HARBORED BY THE POLICE DEPARTMENT OF A MUNICIPAL 132
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CORPORATION OR TOWNSHIP OR BY A TOWNSHIP OR JOINT TOWNSHIP POLICE 133
DISTRICT, THE APPLICATION SHALL BE SIGNED BY THE CHIEF OF THE 134
POLICE DEPARTMENT OR DISTRICT. IN THE CASE OF A DOG OWNED, KEPT, 135
OR HARBORED BY THE OFFICE OF A COUNTY SHERIFF, THE APPLICATION 136
SHALL BE SIGNED BY THE SHERIFF. IN THE CASE OF A DOG OWNED, 137
KEPT, OR HARBORED BY THE STATE HIGHWAY PATROL, THE APPLICATION 138
SHALL BE SIGNED BY THE OFFICER IN CHARGE OF THE POST OF THE STATE 139
HIGHWAY PATROL TO WHICH THE DOG AND ITS HANDLER PRIMARILY ARE 140
ASSIGNED. THE APPLICATION SHALL INCLUDE A CERTIFICATION BY THE 141
CHIEF OF THE POLICE DEPARTMENT OR DISTRICT, SHERIFF, OR OFFICER 142
OF THE STATE HIGHWAY PATROL POST, AS APPLICABLE, THAT THE DOG 143
DESCRIBED IN THE APPLICATION HAS BEEN PROPERLY TRAINED TO DETECT 144
ONE OR MORE CONTROLLED SUBSTANCES OR TYPES OR CATEGORIES OF 145
CONTROLLED SUBSTANCES AND ACTUALLY IS USED PRIMARILY FOR THAT
PURPOSE BY THE LAW ENFORCEMENT AGENCY MAKING THE APPLICATION. 146
NO FEE IS REQUIRED FOR ISSUANCE OF A NARCOTICS DETECTOR 148
CANINE REGISTRATION. A CERTIFICATE AND TAG STAMPED "OHIO 151
NARCOTICS DETECTOR CANINE" SHALL BE ISSUED UPON REGISTRATION OF A 154
DOG UNDER THIS SECTION. UPON PROPER PROOF OF LOSS, A DUPLICATE 155
CERTIFICATE AND TAG SHALL BE ISSUED FOR A DOG REGISTERED UNDER 156
THIS SECTION, AND NO FEE SHALL BE REQUIRED. 157
IF AN APPLICATION FOR REGISTRATION OF A NARCOTICS DETECTOR 159
CANINE IS NOT FILED UNDER THIS SECTION ON OR BEFORE THE TWENTIETH 161
DAY OF JANUARY OF THE REGISTRATION YEAR, OR THE EXTENDED 162
REGISTRATION DEADLINE ESTABLISHED UNDER DIVISION (A)(1) OF 164
SECTION 955.01 OF THE REVISED CODE, AS APPLICABLE, THE NARCOTICS 167
DETECTOR CANINE SHALL BE REGISTERED UNDER THAT SECTION, AND THE 168
REGISTRATION AND LATE REGISTRATION PENALTY APPLICABLE UNDER 169
DIVISIONS (A) AND (B) OF THAT SECTION SHALL ACCOMPANY THE 171
APPLICATION.
(C) IF A LAW ENFORCEMENT AGENCY BECOMES THE OWNER, KEEPER, 173
OR HARBORER OF A NARCOTICS DETECTOR CANINE OR BRINGS A NARCOTICS 174
DETECTOR CANINE INTO THE STATE AFTER THE TWENTIETH DAY OF JANUARY 175
OF A REGISTRATION YEAR OR THE EXTENDED REGISTRATION DEADLINE 176
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ESTABLISHED UNDER DIVISION (A)(1) OF SECTION 955.01 OF THE 177
REVISED CODE, AS APPLICABLE, THE LAW ENFORCEMENT AGENCY, WITHIN 178
THIRTY DAYS AFTER BECOMING THE OWNER, KEEPER, OR HARBORER OR
BRINGING THE DOG INTO THE STATE, MAY SUBMIT AN APPLICATION FOR 179
REGISTRATION OF THE DOG UNDER THIS SECTION. UPON SUBMISSION OF 180
THE APPLICATION, THE LAW ENFORCEMENT AGENCY SHALL BE ISSUED SUCH 181
A REGISTRATION IN THE MANNER PROVIDED IN DIVISION (B) OF THIS 182
SECTION. IF SUCH AN APPLICATION IS NOT FILED WITHIN THE 183
THIRTY-DAY PERIOD, THE DOG SHALL BE REGISTERED UNDER SECTION
955.05 OF THE REVISED CODE, AND THE REGISTRATION FEE AND LATE 184
REGISTRATION PENALTY APPLICABLE UNDER THAT SECTION OR SECTION 185
955.06 OF THE REVISED CODE SHALL ACCOMPANY THE APPLICATION.
Sec. 955.05. After the twentieth day of January of any 195
year, except as otherwise provided in section 955.012 OR 955.16 197
of the Revised Code, every person, immediately upon becoming the 198
owner, keeper, or harborer of any dog more than three months of 199
age or brought from outside the state during any year, shall file 200
like applications, with fees, as required by section 955.01 of 201
the Revised Code, for registration for the current year. If such 202
application is not filed and the fee paid, within thirty days 203
after such dog is acquired, becomes three months of age, or is 204
brought from outside the state, the auditor shall assess a 205
penalty in an amount equal to the registration fee upon such 206
owner, keeper, or harborer, which must be paid with the 207
registration fee. 208
Every person becoming the owner of a kennel of dogs after 210
the twentieth day of January of any year shall file like 211
applications, with fees, as required by section 955.04 of the 212
Revised Code, for the registration of such kennel for the current 213
calendar year. If such application is not filed and the fee paid 214
within thirty days after the person becomes the owner of such 215
kennel, the auditor shall assess a penalty in an amount equal to 216
the registration fee upon the owner of such kennel. 217
Section 2. That existing sections 955.01 and 955.05 of the 219
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Revised Code are hereby repealed. 220