As Passed by the Senate                       1            

122nd General Assembly                                             4            

   Regular Session                            Sub. H. B. No. 219   5            

      1997-1998                                                    6            


REPRESENTATIVES REID-CORBIN-GARCIA-SCHULER-LUCAS-LEWIS-PRENTISS-BOYD-  8            

                 SENATORS SCHAFRATH-MUMPER-GAETH                   9            


                                                                   11           

                           A   B I L L                                          

             To amend sections 955.01, 955.04, 955.05, 955.08,     13           

                955.09, 955.14, 955.35, and 959.99 and to enact    16           

                sections 9.62 and 955.012 of the Revised Code to   17           

                authorize the issuance without a fee of annual     18           

                registrations for law enforcement canines of       19           

                specified law enforcement agencies, to exempt      20           

                certain nonprofit animal shelters from having to   21           

                pay dog registration fees, to make changes in the  22           

                annual dog registration deadlines and to           24           

                authorize changes in dog registration fees, to     25           

                allow the purchase of a police dog or horse by     26           

                the officer to whom it is assigned, when the       28           

                animal is removed from duty, and to increase the   29           

                penalty for a violation of any of the dogfighting               

                provisions from a fifth degree felony to a fourth  30           

                degree felony.                                                  




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        32           

      Section 1.  That sections 955.01, 955.04, 955.05, 955.08,    34           

955.09, 955.14, 955.35, and 959.99 be amended and sections 9.62    37           

and 955.012 of the Revised Code be enacted to read as follows:     38           

      Sec. 9.62.  (A)  AS USED IN THIS SECTION:                    41           

      (1)  "POLICE DOG OR HORSE" MEANS A DOG OR HORSE THAT HAS     43           

BEEN TRAINED, AND MAY BE USED, TO ASSIST LAW ENFORCEMENT OFFICERS  45           

IN THE PERFORMANCE OF THEIR OFFICIAL DUTIES.                                    

      (2)  "LAW ENFORCEMENT AGENCY" MEANS AN ORGANIZATION OR UNIT  48           

                                                          2      

                                                                 
MADE UP OF LAW ENFORCEMENT OFFICERS AS DEFINED IN SECTION 2901.01  49           

OF THE REVISED CODE.                                                            

      (B)  UPON THE DISBANDING OF THE CANINE OR EQUINE UNIT OF A   52           

LAW ENFORCEMENT AGENCY, THE AGENCY SHALL GIVE THE LAW ENFORCEMENT  53           

OFFICER TO WHOM A POLICE DOG OR HORSE IS ASSIGNED THE FIRST        54           

CHANCE TO PURCHASE THE ANIMAL, FOR ONE DOLLAR.  AN OFFICER WHO     55           

PURCHASES AN ANIMAL UNDER THIS SECTION SHALL ASSUME ALL            56           

RESPONSIBILITY FOR THE ANIMAL THEREAFTER.                          57           

      (C)  IF A POLICE DOG OR HORSE IS INJURED IN THE LINE OF      60           

DUTY, BECOMES DISABLED AND IS UNFIT FOR DUTY, OR GROWS TOO OLD TO  61           

BE FIT FOR DUTY, THE LAW ENFORCEMENT OFFICER TO WHOM THE ANIMAL    62           

IS ASSIGNED MAY PURCHASE THE ANIMAL, FOR ONE DOLLAR.  IF AN        63           

OFFICER CHOOSES NOT TO PURCHASE AN ANIMAL AS AUTHORIZED BY THIS    64           

DIVISION OR DIVISION (B) OF THIS SECTION, THE DISPOSITION OF THE   67           

ANIMAL SHALL BE AS OTHERWISE PROVIDED BY LAW.                      68           

      (D)  A LAW ENFORCEMENT OFFICER WHO LEAVES AN EQUINE OR       71           

CANINE UNIT OF A LAW ENFORCEMENT AGENCY WHILE THE POLICE DOG OR    72           

HORSE ASSIGNED TO THE OFFICER IS STILL FIT FOR DUTY FORFEITS THE   73           

RIGHT TO PURCHASE THE ANIMAL UNDER THIS SECTION.                   74           

      Sec. 955.01.  (A)(1)  Except as otherwise provided in this   83           

section or in sections 955.011, 955.012, and 955.16 of the         85           

Revised Code, every person who owns, keeps, or harbors a dog more  86           

than three months of age, shall FILE, on or after the first day    87           

of the preceding December but before the twentieth THIRTY-FIRST    88           

day of January of each year, file in the office of the county      90           

auditor of the county in which the dog is kept or harbored, an     91           

application for registration for the following year, beginning     92           

the twentieth THIRTY-FIRST day of January of that year.  The       94           

board of county commissioners may, in case of an emergency BY      95           

RESOLUTION, MAY extend the period for filing the application.      96           

The application shall state the age, sex, color, character of      97           

hair, whether short or long, AND breed, if known, OF THE DOG and   98           

the name and address of the owner of the dog.  A registration fee  100          

of two dollars for each dog shall accompany the application,       101          

                                                          3      

                                                                 
unless a greater fee has been established under division (A)(2)    102          

of this section or under section 955.14 of the Revised Code.       103          

      (2)  A board of county commissioners may establish a         105          

registration fee higher than the one provided for in division      106          

(A)(1) of this section for dogs more than nine months of age that  107          

have not been spayed or neutered, except that the higher           108          

registration fee permitted by this division shall not apply if a   109          

person registering a dog furnishes with the application either a   110          

certificate from a licensed veterinarian verifying that the dog    111          

should not be spayed or neutered because of its age or medical     112          

condition or because the dog is used or intended for use for show  113          

or breeding purposes or a certificate from the owner of the dog    114          

declaring that the owner holds a valid hunting license issued by   115          

the division of wildlife of the department of natural resources    116          

and that the dog is used or intended for use for hunting           117          

purposes.  If the board establishes such a fee, the application    118          

for registration shall state whether the dog is spayed or          119          

neutered, and whether a licensed veterinarian has certified that   120          

the dog should not be spayed or neutered or the owner has stated   121          

that the dog is used or intended to be used for hunting purposes.  122          

The board may require a person who is registering a spayed or      123          

neutered dog to furnish with the application a certificate from a  124          

licensed veterinarian verifying that the dog is spayed or          125          

neutered.  No person shall furnish a certificate under this        126          

division which he THE PERSON knows to be false.                    127          

      (B)  If the application for registration is not filed and    129          

the registration fee paid, on or before the twentieth              130          

THIRTY-FIRST day of January of each year or, in case of an         132          

emergency IF THE BOARD OF COUNTY COMMISSIONERS BY RESOLUTION HAS   133          

EXTENDED THE DATE TO A DATE LATER THAN THE THIRTY-FIRST DAY OF     134          

JANUARY, the date established by the board, the auditor shall      135          

assess a penalty in an amount equal to the registration fee upon   136          

the owner, keeper, or harborer, which must be paid with the        137          

registration fee.                                                               

                                                          4      

                                                                 
      (C)  AN ANIMAL SHELTER THAT KEEPS OR HARBORS A DOG MORE      139          

THAN THREE MONTHS OF AGE IS EXEMPT FROM PAYING ANY FEES IMPOSED    140          

UNDER DIVISION (A) OR (B) OF THIS SECTION IF IT IS A NONPROFIT     141          

ORGANIZATION THAT IS EXEMPT FROM FEDERAL INCOME TAXATION UNDER     142          

SUBSECTION 501(a) AND DESCRIBED IN SUBSECTION 501(c)(3) OF THE     145          

"INTERNAL REVENUE CODE OF 1986," 100 STAT. 285, 26 U.S.C. 1.       146          

      Sec. 955.012.  (A)  AS USED IN THIS SECTION:                 149          

      (1)  "CONTROLLED SUBSTANCE" HAS THE SAME MEANING AS IN       151          

SECTION 3719.01 OF THE REVISED CODE.                               153          

      (2)  "LAW ENFORCEMENT AGENCY" MEANS THE STATE HIGHWAY        155          

PATROL, THE OFFICE OF A COUNTY SHERIFF, THE POLICE DEPARTMENT OF   156          

A MUNICIPAL CORPORATION OR TOWNSHIP, OR A TOWNSHIP OR JOINT        157          

TOWNSHIP POLICE DISTRICT.                                          158          

      (3)  "LAW ENFORCEMENT CANINE" MEANS A DOG REGULARLY          160          

UTILIZED BY A LAW ENFORCEMENT AGENCY FOR GENERAL LAW ENFORCEMENT   161          

PURPOSES, TRACKING, OR DETECTING THE PRESENCE OF A CONTROLLED      162          

SUBSTANCE OR EXPLOSIVE.                                                         

      (B)  INSTEAD OF OBTAINING AN ANNUAL REGISTRATION UNDER       165          

SECTION 955.01 OF THE REVISED CODE, A LAW ENFORCEMENT AGENCY       167          

OWNING, KEEPING, OR HARBORING A LAW ENFORCEMENT CANINE MAY OBTAIN  168          

AN ANNUAL REGISTRATION FOR THE DOG AS A LAW ENFORCEMENT CANINE     169          

UNDER THIS SECTION.  THE APPLICATION FOR A LAW ENFORCEMENT CANINE  170          

REGISTRATION SHALL BE SUBMITTED TO THE COUNTY AUDITOR OF THE       171          

COUNTY IN WHICH THE CENTRAL OFFICE OF THE LAW ENFORCEMENT AGENCY   172          

THAT OWNS, KEEPS, OR HARBORS THE DOG IS LOCATED, EXCEPT THAT FOR   174          

A DOG OWNED, KEPT, OR HARBORED BY THE STATE HIGHWAY PATROL, THE    175          

APPLICATION SHALL BE SUBMITTED TO THE COUNTY AUDITOR OF THE        176          

COUNTY IN WHICH IS LOCATED THE STATE HIGHWAY PATROL POST TO WHICH  177          

THE DOG AND ITS HANDLER PRIMARILY ARE ASSIGNED.  THE APPLICATION   178          

SHALL BE SUBMITTED ON OR AFTER THE FIRST DAY OF DECEMBER           179          

IMMEDIATELY PRECEDING THE BEGINNING OF THE REGISTRATION YEAR AND   180          

BEFORE THE THIRTY-FIRST DAY OF JANUARY OF THAT YEAR.  IF THE       182          

PERIOD FOR FILING REGISTRATION APPLICATIONS UNDER DIVISION (A)(1)  183          

OF SECTION 955.01 OF THE REVISED CODE IS EXTENDED IN THE COUNTY    185          

                                                          5      

                                                                 
IN WHICH A LAW ENFORCEMENT CANINE IS TO BE REGISTERED, AN          187          

APPLICATION FOR REGISTRATION UNDER THIS SECTION SHALL BE           188          

SUBMITTED TO THE COUNTY AUDITOR NOT LATER THAN THE REGISTRATION    189          

DEADLINE FOR THAT YEAR, AS SO EXTENDED.                                         

      THE APPLICATION FOR REGISTRATION OF A LAW ENFORCEMENT        191          

CANINE SHALL STATE THE AGE, SEX, HAIR COLOR, CHARACTER OF HAIR,    193          

WHETHER SHORT OR LONG, AND BREED, IF KNOWN, OF THE DOG, THE NAME   194          

AND ADDRESS OF THE OWNER OF THE DOG, AND, IF THE LAW ENFORCEMENT   195          

AGENCY KEEPING OR HARBORING THE DOG IS DIFFERENT FROM THE OWNER,   196          

THE NAME OF THAT LAW ENFORCEMENT AGENCY.  FOR A DOG OWNED, KEPT,   198          

OR HARBORED BY THE POLICE DEPARTMENT OF A MUNICIPAL CORPORATION    199          

OR TOWNSHIP OR BY A TOWNSHIP OR JOINT TOWNSHIP POLICE DISTRICT,    200          

THE APPLICATION SHALL BE SIGNED BY THE CHIEF OF THE POLICE         201          

DEPARTMENT OR DISTRICT.  FOR A DOG OWNED, KEPT, OR HARBORED BY     202          

THE OFFICE OF A COUNTY SHERIFF, THE APPLICATION SHALL BE SIGNED    203          

BY THE SHERIFF.  FOR A DOG OWNED, KEPT, OR HARBORED BY THE STATE   204          

HIGHWAY PATROL, THE APPLICATION SHALL BE SIGNED BY THE OFFICER IN  205          

CHARGE OF THE POST OF THE STATE HIGHWAY PATROL TO WHICH THE DOG    206          

AND ITS HANDLER PRIMARILY ARE ASSIGNED.  THE APPLICATION SHALL     207          

INCLUDE A CERTIFICATION BY THE CHIEF OF THE POLICE DEPARTMENT OR   208          

DISTRICT, SHERIFF, OR OFFICER OF THE STATE HIGHWAY PATROL POST,    209          

AS APPLICABLE, THAT THE DOG DESCRIBED IN THE APPLICATION HAS BEEN  210          

PROPERLY TRAINED TO CARRY OUT ONE OR MORE OF THE PURPOSES          211          

DESCRIBED IN DIVISION (A)(3) OF THIS SECTION AND ACTUALLY IS USED  212          

FOR ONE OR MORE OF THOSE PURPOSES BY THE LAW ENFORCEMENT AGENCY    213          

MAKING THE APPLICATION.                                                         

      NO FEE IS REQUIRED FOR ISSUANCE OF A LAW ENFORCEMENT CANINE  216          

REGISTRATION.  UPON PROPER PROOF OF LOSS, A DUPLICATE CERTIFICATE  217          

AND TAG SHALL BE ISSUED FOR A DOG REGISTERED UNDER THIS SECTION,   218          

AND NO FEE SHALL BE REQUIRED.                                      219          

      IF AN APPLICATION FOR REGISTRATION OF A LAW ENFORCEMENT      221          

CANINE IS NOT FILED UNDER THIS SECTION ON OR BEFORE THE            222          

THIRTY-FIRST DAY OF JANUARY OF THE REGISTRATION YEAR, OR THE       224          

EXTENDED REGISTRATION DEADLINE ESTABLISHED UNDER DIVISION (A)(1)   226          

                                                          6      

                                                                 
OF SECTION 955.01 OF THE REVISED CODE, AS APPLICABLE, THE LAW      229          

ENFORCEMENT CANINE SHALL BE REGISTERED UNDER THAT SECTION, AND     230          

THE REGISTRATION FEE AND LATE REGISTRATION PENALTY APPLICABLE                   

UNDER DIVISIONS (A) AND (B) OF THAT SECTION SHALL ACCOMPANY THE    233          

APPLICATION.                                                                    

      (C)  IF A LAW ENFORCEMENT AGENCY BECOMES THE OWNER, KEEPER,  235          

OR HARBORER OF A LAW ENFORCEMENT CANINE OR BRINGS A LAW            236          

ENFORCEMENT CANINE INTO THE STATE AFTER THE THIRTY-FIRST DAY OF    237          

JANUARY OF A REGISTRATION YEAR OR THE EXTENDED REGISTRATION        239          

DEADLINE ESTABLISHED UNDER DIVISION (A)(1) OF SECTION 955.01 OF    240          

THE REVISED CODE, AS APPLICABLE, THE LAW ENFORCEMENT AGENCY,       241          

WITHIN THIRTY DAYS AFTER BECOMING THE OWNER, KEEPER, OR HARBORER                

OR BRINGING THE DOG INTO THE STATE, MAY SUBMIT AN APPLICATION FOR  242          

REGISTRATION OF THE DOG UNDER THIS SECTION.  UPON SUBMISSION OF    243          

THE APPLICATION, THE LAW ENFORCEMENT AGENCY SHALL BE ISSUED SUCH   244          

A REGISTRATION IN THE MANNER PROVIDED IN DIVISION (B) OF THIS      245          

SECTION.  IF SUCH AN APPLICATION IS NOT FILED WITHIN THE           246          

THIRTY-DAY PERIOD, THE DOG SHALL BE REGISTERED UNDER SECTION                    

955.05 OF THE REVISED CODE, AND THE REGISTRATION FEE AND LATE      247          

REGISTRATION PENALTY APPLICABLE UNDER THAT SECTION OR SECTION      248          

955.06 OF THE REVISED CODE SHALL ACCOMPANY THE APPLICATION.                     

      Sec. 955.04.  Every owner of a kennel of dogs shall, in      257          

like manner as provided in section 955.01 of the Revised Code,     258          

make application for the registration of such kennel, and pay to   259          

the county auditor a registration fee of ten dollars for each      260          

such kennel, unless a greater fee has been established under       261          

section 955.14 of the Revised Code.  If such application is not    262          

filed and the fee paid, on or before the twentieth THIRTY-FIRST    263          

day of January of each year, the auditor shall assess a penalty    265          

in an amount equal to the registration fee upon the owner of such  266          

kennel.  The payment of such kennel registration fee shall         267          

entitle the licensee to not more than five tags, to bear           268          

consecutive numbers and to be issued in like manner and have like  269          

effect when worn by any dog owned in good faith by such licensee   270          

                                                          7      

                                                                 
as the tags provided for in section 955.08 of the Revised Code.    271          

Upon application to the county auditor, additional tags, in        272          

excess of the five tags, may be issued upon payment of an          273          

additional fee of one dollar per tag.                              274          

      Sec. 955.05.  After the twentieth THIRTY-FIRST day of        283          

January of any year, except as otherwise provided in section       285          

955.012 OR 955.16 of the Revised Code, every person, immediately   287          

upon becoming the owner, keeper, or harborer of any dog more than  288          

three months of age or brought from outside the state during any   289          

year, shall file like applications, with fees, as required by      290          

section 955.01 of the Revised Code, for registration for the       291          

current year.  If such application is not filed and the fee paid,  292          

within thirty days after such dog is acquired, becomes three       293          

months of age, or is brought from outside the state, the auditor   294          

shall assess a penalty in an amount equal to the registration fee  295          

upon such owner, keeper, or harborer, which must be paid with the  296          

registration fee.                                                  297          

      Every person becoming the owner of a kennel of dogs after    299          

the twentieth THIRTY-FIRST day of January of any year shall file   300          

like applications, with fees, as required by section 955.04 of     302          

the Revised Code, for the registration of such kennel for the      303          

current calendar year.  If such application is not filed and the   304          

fee paid within thirty days after the person becomes the owner of  305          

such kennel, the auditor shall assess a penalty in an amount       306          

equal to the registration fee upon the owner of such kennel.       307          

      Sec. 955.08.  In addition to the certificate of              316          

registration provided for by section 955.07 of the Revised Code,   317          

the county auditor shall issue to every person making application  318          

for the registration of a dog and paying the required fee          319          

therefor a metal tag for each dog so registered.  The form,                     

character, and lettering of the tag shall be prescribed by the     320          

county auditor.  Each year the tag shall be a color distinctive    321          

from that of the previous year.  If a tag is lost, a duplicate     322          

shall be furnished by the auditor upon proper proof of loss and    323          

                                                          8      

                                                                 
the payment of twenty-five cents for each duplicate tag issued OR  324          

PAYMENT OF AN ALTERNATE FEE FOR A DUPLICATE TAG, WHICH THE BOARD   325          

OF COUNTY COMMISSIONERS MAY ESTABLISH IN AN AMOUNT NOT TO EXCEED                

ONE DOLLAR AND FIFTY CENTS.                                        326          

      Sec. 955.09.  Certificates of registration and registration  335          

tags shall be valid only during the calendar year in which they    336          

are issued, and during the first twenty THIRTY-ONE days of the     337          

following calendar year.                                                        

      Sec. 955.14.  (A)  If in any year there is not sufficient    346          

money in the dog and kennel fund, after paying the expenses of     347          

administration, to pay the claims allowed for animals, fowl, or    348          

poultry injured or destroyed by dogs, the board of county          349          

commissioners shall do either or both of the following:            350          

      (1)  Between the first and fifteenth days of October,        352          

ascertain the number of claims entered and the amount of money     353          

allowed for animals, fowl, or poultry injured and destroyed, the   354          

total expense incurred by the administration of the dog law, and   355          

the amount received as dog and kennel registration fees.  The      356          

fees for the ensuing year shall then be fixed at such an amount    357          

that when multiplied by the number of dog and kennel               358          

registrations during the previous year the product will equal the  359          

aggregate of the claims for injured and destroyed animals, fowl,   360          

or poultry allowed by the board, plus the balance of allowed       361          

claims remaining unpaid, plus the expense of administration.  Any  362          

increase in fees is not subject to the four dollar and twenty      363          

dollar limitations of division (B) of this section, but the        364          

increase shall always be in the ratio of two dollars for a dog     365          

registration fee and ten dollars for a kennel registration fee.    366          

      (2)  Provide by resolution that all allowed claims           368          

remaining unpaid shall be paid out of the general fund of the      369          

county.  All money paid out of the general fund for such purpose   370          

shall be replaced by the board from the dog and kennel fund no     371          

later than the twentieth day of February of the following year.    372          

      (B)  Notwithstanding division (A) of this section, at any    374          

                                                          9      

                                                                 
time the board of county commissioners may, by resolution,         375          

increase dog and kennel registration fees in the county.           376          

Registration fees established under this division shall be in the  377          

ratio of two dollars for a dog registration fee and ten dollars    378          

for a kennel registration fee and shall not exceed four dollars    379          

for a dog registration fee and twenty dollars for a kennel         380          

registration fee.  NOTWITHSTANDING SECTION 955.01 OF THE REVISED   382          

CODE, A BOARD OF COUNTY COMMISSIONERS BY RESOLUTION MAY INCREASE   384          

DOG AND KENNEL REGISTRATION FEES IN THE COUNTY.  THE AMOUNT OF     385          

THE FEES SHALL NOT EXCEED AN AMOUNT THAT THE BOARD, IN ITS         386          

DISCRETION, ESTIMATES IS NEEDED TO PAY ALL EXPENSES FOR THE        387          

ADMINISTRATION OF THIS CHAPTER AND TO PAY CLAIMS ALLOWED FOR       388          

ANIMALS, FOWL, OR POULTRY INJURED OR DESTROYED BY DOGS.  SUCH A    389          

RESOLUTION SHALL BE ADOPTED NOT EARLIER THAN THE FIRST DAY OF      391          

FEBRUARY AND NOT LATER THAN THE THIRTY-FIRST DAY OF AUGUST OF ANY  392          

YEAR AND SHALL APPLY TO THE REGISTRATION PERIOD COMMENCING ON THE  395          

FIRST DAY OF DECEMBER OF THE CURRENT YEAR AND ENDING ON THE        396          

THIRTY-FIRST DAY OF JANUARY OF THE FOLLOWING YEAR, UNLESS THE      398          

PERIOD IS EXTENDED UNDER SECTION 955.01 OF THE REVISED CODE.  ANY  400          

INCREASE IN FEES ADOPTED UNDER THIS DIVISION SHALL BE IN THE       401          

RATIO OF TWO DOLLARS FOR A DOG REGISTRATION FEE AND TEN DOLLARS    402          

FOR A KENNEL REGISTRATION FEE.                                     403          

      (B)  NOT LATER THAN THE FIFTEENTH DAY OF OCTOBER OF EACH     407          

YEAR, THE BOARD OF COUNTY COMMISSIONERS SHALL DETERMINE IF THERE   408          

IS SUFFICIENT MONEY IN THE DOG AND KENNEL FUND, AFTER PAYING THE   409          

EXPENSES OF ADMINISTRATION INCURRED OR ESTIMATED TO BE INCURRED    410          

FOR THE REMAINDER OF THE YEAR, TO PAY THE CLAIMS ALLOWED FOR       411          

ANIMALS, FOWL, OR POULTRY INJURED OR DESTROYED BY DOGS.  IF THE    412          

BOARD DETERMINES THERE IS NOT SUFFICIENT MONEY IN THE DOG AND      413          

KENNEL FUND TO PAY THE CLAIMS ALLOWED, THE BOARD SHALL PROVIDE BY  414          

RESOLUTION THAT ALL CLAIMS REMAINING UNPAID SHALL BE PAID FROM     415          

THE GENERAL FUND OF THE COUNTY.  ALL MONEY PAID OUT OF THE         416          

GENERAL FUND FOR SUCH PURPOSES MAY BE REPLACED BY THE BOARD FROM   417          

THE DOG AND KENNEL FUND AT ANY TIME DURING THE FOLLOWING YEAR      418          

                                                          10     

                                                                 
NOTWITHSTANDING SECTION 5705.14 OF THE REVISED CODE.               419          

      (C)  Notwithstanding section 955.20 of the Revised Code, if  421          

dog and kennel registration fees in any county are increased       422          

above two and ten dollars, respectively, under authority of        423          

division (B)(A) of this section, then on or before the first day   425          

of March following each year in which the increased fees are in    426          

effect, the county auditor shall draw on the dog and kennel fund   427          

a warrant payable to the college of veterinary medicine of the     428          

Ohio state university in an amount equal to ten cents for each     429          

dog and kennel registration fee received during the preceding      430          

year.  The money received by the college of veterinary medicine    431          

of the Ohio state university under this division shall be applied  432          

for research and study of the diseases of dogs, particularly       433          

those transmittable to man HUMANS, and for research of other       434          

diseases of dogs that by their nature will provide results         436          

applicable to the prevention and treatment of both human and       437          

canine illness.                                                                 

      (D)  The Ohio state university college of veterinary         439          

medicine shall be responsible to report annually to the general    440          

assembly the progress of the research and study authorized and     441          

funded by division (C) of this section.  The report shall briefly  442          

describe the research projects undertaken and assess the value of  443          

each.  The report shall account for funds received pursuant to     444          

division (C) of this section and for the funds expended            445          

attributable to each research project and for other necessary      446          

expenses in conjunction with the research authorized by division   447          

(C) of this section.  The report shall be filed with the general   448          

assembly by the first day of May of each year.                     449          

      (E)  The county auditor may authorize agents to receive      451          

applications for registration of dogs and kennels and to issue     452          

certificates of registration and tags.  If authorized agents are   453          

employed in a county, each applicant for a dog or kennel           454          

registration shall pay to the agent an administrative fee of       455          

seventy-five cents in addition to the registration fee.  The       456          

                                                          11     

                                                                 
administrative fee shall be the compensation of the agent.  The    457          

county auditor shall establish rules for reporting and accounting  458          

by his THE agents.  No administrative or similar fee shall be      459          

charged in any county except as authorized by this division.       461          

      Sec. 955.35.  The board of county commissioners, at the      470          

next regular meeting after claims in accordance with sections      471          

955.29 to 955.34 of the Revised Code have been submitted, shall    472          

examine the same and may hear additional testimony or receive      473          

additional affidavits in regard thereto and may allow the amount   474          

previously certified by the dog warden or allowed by the board of  475          

township trustees, or a part thereof, or any amount in addition    476          

thereto, as it may find to be just, but in no event shall the      477          

amount allowed exceed the lesser of five hundred dollars per       478          

animal or the uninsured amount of the loss or injury.  The claims  479          

shall be paid out of the dog and kennel fund or out of the         480          

general fund of the county, as provided in division (A)(2) of      481          

section 955.14 of the Revised Code.  Such claims as are allowed    482          

in whole or in part shall be paid by voucher issued by the county  483          

auditor five days after the approval of the board of county        484          

commissioners has been entered.  If the claim is to be paid out    485          

of the dog and kennel fund and the funds therein are insufficient  486          

to pay the claims, they shall be paid in the order allowed at the  487          

close of the next calendar month in which sufficient funds are     488          

available in the fund.                                             489          

      Sec. 959.99.  (A)  Whoever violates section 959.01, 959.18,  498          

or 959.19 of the Revised Code is guilty of a minor misdemeanor.    499          

      (B)  Except as otherwise provided in this division, whoever  502          

violates section 959.02 of the Revised Code is guilty of a                      

misdemeanor of the second degree.  If the value of the animal      504          

killed or the injury done amounts to three hundred dollars or      505          

more, whoever violates section 959.02 of the Revised Code is       506          

guilty of a misdemeanor of the first degree.                       507          

      (C)  Whoever violates section 959.03, 959.06, 959.12,        509          

959.15, or 959.17 of the Revised Code is guilty of a misdemeanor   510          

                                                          12     

                                                                 
of the fourth degree.                                              511          

      (D)  Whoever violates division (A) of section 959.13 of the  513          

Revised Code is guilty of a misdemeanor of the second degree.  In  514          

addition, the court may order the offender to forfeit the animal   515          

or livestock and may provide for its disposition including, but    516          

not limited to, the sale of the animal or livestock.  If an        517          

animal or livestock is forfeited and sold pursuant to this         518          

division, the proceeds from the sale first shall be applied to     519          

pay the expenses incurred with regard to the care of the animal    520          

from the time it was taken from the custody of the former owner.   521          

The balance of the proceeds from the sale, if any, shall be paid   522          

to the former owner of the animal.                                 523          

      (E)  Whoever violates section 959.14 of the Revised Code is  525          

guilty of a misdemeanor of the second degree on a first offense    526          

and a misdemeanor of the first degree on each subsequent offense.  527          

      (F)  Whoever violates section 959.05 or 959.20 of the        529          

Revised Code is guilty of a misdemeanor of the first degree.       530          

      (G)  Whoever violates section 959.16 of the Revised Code is  532          

guilty of a felony of the fifth FOURTH degree.                     533          

      Section 2.  That existing sections 955.01, 955.04, 955.05,   535          

955.08, 955.09, 955.14, 955.35, and 959.99 of the Revised Code     537          

are hereby repealed.                                               538