As Passed by the Senate 1
123rd General Assembly 4
Regular Session Sub. H. B. No. 701 5
1999-2000 6
REPRESENTATIVES PETERSON-GOODMAN-AUSTRIA-TRAKAS-ALLEN- 8
HOLLISTER-BUEHRER-HOOPS-HARRIS-KRUPINSKI-PRINGLE-CLANCY- 9
FLANNERY-EVANS-TERWILLEGER-DAMSCHRODER-A. CORE-TAYLOR- 10
CAREY-YOUNG-REDFERN-HUGHES-AMSTUTZ-WILLAMOWSKI-GRENDELL- 11
SCHULER-KREBS-VERICH-SULZER-DISTEL-PERRY-HEALY- 13
WIDENER-D. MILLER-STEVENS-SENATORS GARDNER-SPADA-
LATELL-FINGERHUT 14
_________________________________________________________________ 16
A B I L L
To amend sections 301.28, 955.07, 955.14, 955.20, 18
955.261, and 2921.321 and to enact section 19
955.013 of the Revised Code to authorize county 21
auditors to allow for the registration of dogs
and kennels via the Internet and to accept the 23
payment of dog and kennel registration fees by
financial transaction devices; to provide for the 25
retention of dog and kennel registration records 26
only until a county audit is performed by the
Auditor of State or for a period of two years, 27
whichever is later; to exempt certain police dogs 29
from the requirement of a quarantine period after
biting a person; and to create the offense of 30
harassing a police dog or horse.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 32
Section 1. That sections 301.28, 955.07, 955.14, 955.20, 34
955.261, and 2921.321 be amended and section 955.013 of the 36
Revised Code be enacted to read as follows: 37
Sec. 301.28. (A) As used in this section: 46
(1) "Financial transaction device" includes a credit card, 49
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debit card, charge card, or prepaid or stored value card.
(2) "County expenses" includes fees, costs, taxes, 51
assessments, fines, penalties, payments, or any other expense a 52
person owes to a county office under the authority of a county 53
elected official OTHER THAN DOG REGISTRATION AND KENNEL FEES 54
REQUIRED TO BE PAID UNDER CHAPTER 955. OF THE REVISED CODE. 56
(3) "County elected official" includes the county auditor, 59
county treasurer, county engineer, county recorder, county 60
prosecuting attorney, county sheriff, and county coroner, and the
clerk of the court of common pleas, the clerk of a 61
county-operated municipal court, and the clerk of a county court. 63
(B) Notwithstanding any other section of the Revised Code 65
and except as provided in division (D) of this section, a board 67
of county commissioners may adopt a resolution authorizing the 68
acceptance of payments by financial transaction devices for 69
county expenses. The resolution shall include the following: 70
(1) A specification of those county elected officials who 72
are authorized to accept payments by financial transaction 73
devices;
(2) A list of county expenses that may be paid for through 76
the use of a financial transaction device;
(3) Specific identification of financial transaction 78
devices that the board authorizes as acceptable means of payment 80
for county expenses. Uniform acceptance of financial transaction 81
devices among different types of county expenses is not required. 82
(4) The amount, if any, authorized as a surcharge or 84
convenience fee under division (E) of this section for persons 85
using a financial transaction device. Uniform application of 87
surcharges or convenience fees among different types of county 88
expenses is not required.
(5) A specific provision as provided in division (G) of 90
this section requiring the payment of a penalty if a payment made 91
by means of a financial transaction device is returned or 92
dishonored for any reason.
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The board's resolution shall also designate the county 94
treasurer as an administrative agent to solicit proposals, within 95
guidelines established by the board in the resolution and in 96
compliance with the procedures provided in division (C) of this 97
section, from financial institutions, issuers of financial 98
transaction devices, and processors of financial transaction 99
devices, to make recommendations about those proposals to the 100
board, and to assist county offices in implementing the county's 101
financial transaction devices program. The county treasurer may 102
decline this responsibility within thirty days after receiving a 103
copy of the board's resolution by notifying the board in writing 104
within that period. If the treasurer so notifies the board, the 105
board shall perform the duties of the administrative agent.
If the county treasurer is the administrative agent and 107
fails to administer the county financial transaction devices 108
program in accordance with the guidelines in the board's 109
resolution, the board shall notify the treasurer in writing of 110
the board's findings, explain the failures, and give the
treasurer six months to correct the failures. If the treasurer 111
fails to make the appropriate corrections within that six-month 112
period, the board may pass a resolution declaring the board to be 113
the administrative agent. The board may later rescind that 114
resolution at its discretion.
(C) The county shall follow the procedures provided in 116
this division whenever it plans to contract with financial 117
institutions, issuers of financial transaction devices, or 118
processors of financial transaction devices for the purposes of 119
this section. The administrative agent shall request proposals 120
from at least three financial institutions, issuers of financial 121
transaction devices, or processors of financial transaction 122
devices, as appropriate in accordance with the resolution adopted 124
under division (B) of this section. Prior to sending any
financial institution, issuer, or processor a copy of any such 125
request, the county shall advertise its intent to request 126
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proposals in a newspaper of general circulation in the county 127
once a week for two consecutive weeks. The notice shall state 128
that the county intends to request proposals; specify the purpose 129
of the request; indicate the date, which shall be at least ten
days after the second publication, on which the request for 130
proposals will be mailed to financial institutions, issuers, or 132
processors; and require that any financial institution, issuer, 133
or processor, whichever is appropriate, interested in receiving 134
the request for proposals submit written notice of this interest 136
to the county not later than noon of the day on which the request
for proposals will be mailed. 137
Upon receiving the proposals, the administrative agent 139
shall review them and make a recommendation to the board of 140
county commissioners on which proposals to accept. The board of 141
county commissioners shall consider the agent's recommendation 142
and review all proposals submitted, and then may choose to
contract with any or all of the entities submitting proposals, as 144
appropriate. The board shall provide any financial institution, 145
issuer, or processor that submitted a proposal, but with which 146
the board does not enter into a contract, notice that its 148
proposal is rejected. The notice shall state the reasons for the 149
rejection, indicate whose proposals were accepted, and provide a
copy of the terms and conditions of the successful bids. 150
(D) A board of county commissioners adopting a resolution 152
under this section shall send a copy of the resolution to each 154
county elected official in the county who is authorized by the 155
resolution to accept payments by financial transaction devices. 156
After receiving the resolution and before accepting payments by 157
financial transaction devices, a county elected official shall 158
provide written notification to the board of county commissioners 159
of the official's intent to implement the resolution within the 160
official's office. Each county office subject to the board's 162
resolution adopted under division (B) of this section may use
only the financial institutions, issuers of financial transaction 163
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devices, and processors of financial transaction devices with 164
which the board of county commissioners contracts, and each such 165
office is subject to the terms of those contracts. 166
If a county office under the authority of a county elected 169
official is directly responsible for collecting one or more 170
county expenses and the county elected official determines not to 172
accept payments by financial transaction devices for one or more 173
of those expenses, the office shall not be required to accept 174
payments by financial transaction devices, notwithstanding the 175
adoption of a resolution by the board of county commissioners 176
under this section.
Any office of a clerk of the court of common pleas that 178
accepts financial transaction devices on or before July 1, 1999, 179
and any other county office that accepted such devices before 180
January 1, 1998, may continue to accept such devices without 181
being subject to any resolution passed by the board of county 182
commissioners under division (B) of this section, or any other 183
oversight by the board of the office's financial transaction 184
devices program. Any such office may use surcharges or
convenience fees in any manner the county elected official in 185
charge of the office determines to be appropriate, and, if the 186
county treasurer consents, may appoint the county treasurer to be 187
the office's administrative agent for purposes of accepting 188
financial transaction devices. In order not to be subject to the 189
resolution of the board of county commissioners adopted under
division (B) of this section, a county office shall notify the 190
board in writing within thirty days after the effective date of 191
this section MARCH 30, 1999, that it accepted financial 193
transaction devices prior to January 1, 1998, or, in the case of 194
the office of a clerk of the court of common pleas, the clerk has 196
accepted or will accept such devices on or before July 1, 1999. 198
Each such notification shall explain how processing costs
associated with financial transaction devices are being paid and 199
shall indicate whether surcharge or convenience fees are being 200
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passed on to consumers.
(E) A board of county commissioners may establish a 203
surcharge or convenience fee that may be imposed upon a person 204
making payment by a financial transaction device. The surcharge 205
or convenience fee shall not be imposed unless authorized or 206
otherwise permitted by the rules prescribed by an agreement 207
governing the use and acceptance of the financial transaction 208
device.
If a surcharge or convenience fee is imposed, every county 210
office accepting payment by a financial transaction device, 211
regardless of whether that office is subject to a resolution 212
adopted by a board of county commissioners, shall clearly post a 213
notice in that office and shall notify each person making a
payment by such a device about the surcharge or fee. Notice to 214
each person making a payment shall be provided regardless of the 215
medium used to make the payment and in a manner appropriate to 216
that medium. Each notice shall include all of the following: 217
(1) A statement that there is a surcharge or convenience 219
fee for using a financial transaction device; 220
(2) The total amount of the charge or fee expressed in 222
dollars and cents for each transaction, or the rate of the charge 223
or fee expressed as a percentage of the total amount of the 224
transaction, whichever is applicable; 225
(3) A clear statement that the surcharge or convenience 227
fee is nonrefundable.
(F) If a person elects to make a payment to the county by 230
a financial transaction device and a surcharge or convenience fee 231
is imposed, the payment of the surcharge or fee shall be 232
considered voluntary and the surcharge or fee is not refundable. 233
(G) If a person makes payment by financial transaction 236
device and the payment is returned or dishonored for any reason, 237
the person is liable to the county for payment of a penalty over 238
and above the amount of the expense due. The board of county 239
commissioners shall determine the amount of the penalty, which 240
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may be either a fee not to exceed twenty dollars or payment of 241
the amount necessary to reimburse the county for banking charges, 242
legal fees, or other expenses incurred by the county in 243
collecting the returned or dishonored payment. The remedies and 244
procedures provided in this section are in addition to any other 245
available civil or criminal remedies provided by law. 246
(H) No person making any payment by financial transaction 249
device to a county office shall be relieved from liability for 250
the underlying obligation except to the extent that the county 251
realizes final payment of the underlying obligation in cash or 252
its equivalent. If final payment is not made by the financial 253
transaction device issuer or other guarantor of payment in the 254
transaction, the underlying obligation shall survive and the 255
county shall retain all remedies for enforcement that would have 256
applied if the transaction had not occurred. 257
(I) A county elected official or employee who accepts a 260
financial transaction device payment in accordance with this 261
section and any applicable state or local policies or rules is 262
immune from personal liability for the final collection of such 263
payments.
Sec. 955.013. (A) AS USED IN THIS SECTION: 265
(1) "FINANCIAL TRANSACTION DEVICE" HAS THE SAME MEANING AS 267
IN SECTION 301.28 OF THE REVISED CODE. 268
(2) "INTERNET" MEANS THE INTERNATIONAL COMPUTER NETWORK OF 270
BOTH FEDERAL AND NONFEDERAL INTEROPERABLE PACKET SWITCHED DATA 271
NETWORKS, INCLUDING THE GRAPHICAL SUBNETWORK CALLED THE WORLD 272
WIDE WEB.
(B) A COUNTY AUDITOR MAY ESTABLISH PROCEDURES AND TAKE 274
ACTIONS THAT ARE NECESSARY TO ALLOW FOR EITHER OR BOTH OF THE 275
FOLLOWING:
(1) THE REGISTRATION OF DOGS AND KENNELS UNDER THIS 277
CHAPTER VIA THE INTERNET; 278
(2) THE PAYMENT OF DOG AND KENNEL REGISTRATION FEES UNDER 280
THIS CHAPTER BY FINANCIAL TRANSACTION DEVICES, INCLUDING PAYMENT 281
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BY FINANCIAL TRANSACTION DEVICES VIA THE INTERNET. 282
Sec. 955.07. Upon the filing of the application for 292
registration required by sections 955.01 and 955.04 of the 293
Revised Code and upon the payment of the registration fee and the 294
administrative fee, if applicable, the county auditor shall 295
assign a distinctive number to every dog or dog kennel described
in such THE application, and shall deliver a certificate of 297
registration bearing such THE number to the owner thereof OF THE 299
DOG OR DOG KENNEL. A permanent record of all certificates of 300
registration issued, together with the applications therefor FOR 301
REGISTRATION, shall be kept by such THE auditor in a dog and 303
kennel register, which FOR TWO YEARS OR UNTIL AFTER AN AUDIT 304
PERFORMED BY THE AUDITOR OF STATE, WHICHEVER IS LATER. THIS 305
RECORD shall be open to the inspection of any person during 306
reasonable business hours.
Sec. 955.14. (A) Notwithstanding section 955.01 of the 316
Revised Code, a board of county commissioners by resolution may 319
increase dog and kennel registration fees in the county. The 320
amount of the fees shall not exceed an amount that the board, in 321
its discretion, estimates is needed to pay all expenses for the 322
administration of this chapter and to pay claims allowed for 323
animals, fowl, or poultry injured or destroyed by dogs. Such a 324
resolution shall be adopted not earlier than the first day of 325
February and not later than the thirty-first day of August of any 327
year and shall apply to the registration period commencing on the 330
first day of December of the current year and ending on the 331
thirty-first day of January of the following year, unless the 333
period is extended under section 955.01 of the Revised Code. Any 335
increase in fees adopted under this division shall be in the 336
ratio of two dollars for a dog registration fee and ten dollars 337
for a kennel registration fee. 338
(B) Not later than the fifteenth day of October of each 342
year, the board of county commissioners shall determine if there 343
is sufficient money in the dog and kennel fund, after paying the 344
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expenses of administration incurred or estimated to be incurred 345
for the remainder of the year, to pay the claims allowed for 346
animals, fowl, or poultry injured or destroyed by dogs. If the 347
board determines there is not sufficient money in the dog and 348
kennel fund to pay the claims allowed, the board shall provide by 349
resolution that all claims remaining unpaid shall be paid from 350
the general fund of the county. All money paid out of the 351
general fund for such THOSE purposes may be replaced by the board 353
from the dog and kennel fund at any time during the following 354
year notwithstanding section 5705.14 of the Revised Code. 355
(C) Notwithstanding section 955.20 of the Revised Code, if 357
dog and kennel registration fees in any county are increased 358
above two and ten dollars, respectively, under authority of 359
division (A) of this section, then on or before the first day of 361
March following each year in which the increased fees are in 362
effect, the county auditor shall draw on the dog and kennel fund 363
a warrant payable to the college of veterinary medicine of the 364
Ohio state university in an amount equal to ten cents for each 365
dog and kennel registration fee received during the preceding 366
year. The money received by the college of veterinary medicine 367
of the Ohio state university under this division shall be applied 368
for research and study of the diseases of dogs, particularly 369
those transmittable to humans, and for research of other diseases 371
of dogs that by their nature will provide results applicable to 372
the prevention and treatment of both human and canine illness. 373
(D) The Ohio state university college of veterinary 375
medicine shall be responsible to report annually to the general 376
assembly the progress of the research and study authorized and 377
funded by division (C) of this section. The report shall briefly 378
describe the research projects undertaken and assess the value of 379
each. The report shall account for funds received pursuant to 380
division (C) of this section and for the funds expended 381
attributable to each research project and for other necessary 382
expenses in conjunction with the research authorized by division 383
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(C) of this section. The report shall be filed with the general 384
assembly by the first day of May of each year. 385
(E) The county auditor may authorize agents to receive 387
applications for registration of dogs and kennels and to issue 388
certificates of registration and tags. If authorized agents are 389
employed in a county, each applicant for a dog or kennel 390
registration shall pay to the agent an administrative fee of 391
seventy-five cents in addition to the registration fee. The 392
administrative fee shall be the compensation of the agent. The 393
county auditor shall establish rules for reporting and accounting 394
by the agents. No administrative or similar fee shall be charged 396
in any county except as authorized by this division OR DIVISION 397
(F) OF THIS SECTION.
(F) FOR ANY COUNTY THAT ACCEPTS THE PAYMENT OF DOG AND 399
KENNEL REGISTRATION FEES BY FINANCIAL TRANSACTION DEVICES IN 400
ACCORDANCE WITH SECTION 955.013 OF THE REVISED CODE, IN ADDITION 401
TO THOSE REGISTRATION FEES, THE COUNTY AUDITOR SHALL COLLECT FOR 402
EACH REGISTRATION PAID BY A FINANCIAL TRANSACTION DEVICE ONE OF
THE FOLLOWING: 403
(1) AN ADMINISTRATIVE FEE OF SEVENTY-FIVE CENTS OR ANOTHER 405
AMOUNT NECESSARY TO COVER ACTUAL COSTS DESIGNATED BY THE COUNTY 406
AUDITOR;
(2) IF THE BOARD OF COUNTY COMMISSIONERS ADOPTS A 409
SURCHARGE OR CONVENIENCE FEE FOR MAKING PAYMENTS BY A FINANCIAL 410
TRANSACTION DEVICE UNDER DIVISION (E) OF SECTION 301.28 OF THE 411
REVISED CODE, THAT SURCHARGE OR CONVENIENCE FEE;
(3) IF THE COUNTY AUDITOR CONTRACTS WITH A THIRD PARTY TO 413
PROVIDE SERVICES TO ENABLE REGISTRATION VIA THE INTERNET AS 414
PROVIDED IN SECTION 955.013 OF THE REVISED CODE, A SURCHARGE OR 415
CONVENIENCE FEE AS AGREED TO BETWEEN THAT THIRD PARTY AND THE
COUNTY FOR THOSE INTERNET REGISTRATION SERVICES. ANY ADDITIONAL 416
EXPENSES INCURRED BY THE COUNTY AUDITOR THAT RESULT FROM A 417
CONTRACT WITH A THIRD PARTY AS PROVIDED IN THIS SECTION AND 418
SECTION 955.013 OF THE REVISED CODE AND THAT ARE NOT COVERED BY A 419
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SURCHARGE OR CONVENIENCE FEE SHALL BE PAID OUT OF THE ALLOWANCE
PROVIDED TO THE COUNTY AUDITOR UNDER SECTION 955.20 OF THE 420
REVISED CODE.
(G) THE COUNTY AUDITOR SHALL POST CONSPICUOUSLY THE AMOUNT 422
OF THE ADMINISTRATIVE FEE, SURCHARGE, OR CONVENIENCE FEE THAT IS 423
PERMISSIBLE UNDER THIS SECTION ON THE WEB PAGE WHERE THE AUDITOR 424
ACCEPTS PAYMENTS FOR REGISTRATIONS MADE UNDER DIVISION (B)(1) OF 425
SECTION 955.013 OF THE REVISED CODE. IF ANY PERSON CHOOSES TO 426
PAY BY FINANCIAL TRANSACTION DEVICE, THE ADMINISTRATIVE FEE, 427
SURCHARGE, OR CONVENIENCE FEE SHALL BE CONSIDERED VOLUNTARY AND
IS NOT REFUNDABLE. 428
Sec. 955.20. The registration fees provided for in 437
sections 955.01 to 955.14 of the Revised Code constitute a 438
special fund known as "the dog and kennel fund,." which THE FEES 440
shall be deposited by the county auditor in the county treasury 441
daily as collected, and SHALL be used for the purpose of 442
defraying the cost of furnishing all blanks, records, tags, nets, 444
and other equipment, for the purpose of paying the compensation 445
of county dog wardens, deputies, poundkeepers, and other 446
employees necessary to carry out and enforce sections 955.01 to 447
955.261 of the Revised Code, and for the payment of animal claims 448
as provided in sections 955.29 to 955.38 of the Revised Code, and 449
in accordance with section 955.27 of the Revised Code. The board 450
of county commissioners, by resolution, shall appropriate 451
sufficient funds out of the dog and kennel fund, not more than 452
fifteen per cent of which shall be expended by the auditor for 453
registration tags, blanks, records, and clerk hire, for the 454
purpose of defraying the necessary expenses of registering, 455
seizing, impounding, and destroying dogs in accordance with 456
sections 955.01 to 955.27 of the Revised Code, AND FOR THE 457
PURPOSE OF COVERING ANY ADDITIONAL EXPENSES INCURRED BY THE 458
COUNTY AUDITOR AS AUTHORIZED BY DIVISION (F)(3) OF SECTION 955.14 459
OF THE REVISED CODE.
If the funds so appropriated in any calendar year are found 461
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by the board to be insufficient to defray the necessary cost and 462
expense of the county dog warden in enforcing such sections 463
955.01 TO 955.27 OF THE REVISED CODE, the board, by resolution so 465
provided, after setting aside a sum equal to the total amount of 466
animal claims filed in that calendar year, or an amount equal to 467
the total amount of animal claims paid or allowed the preceding 468
year, whichever amount is larger, may appropriate further funds 469
for the use and purpose of the county dog warden in administering 470
THOSE sections 955.01 to 955.27 of the Revised Code. 471
Sec. 955.261. (A)(1) No person shall remove a dog that 480
has bitten any person from the county in which the bite occurred 481
until a quarantine period as specified in division (B) of this 482
section has been completed. No person shall transfer a dog that 483
has bitten any person until a quarentine QUARANTINE period as 484
specified in division (B) of this section has been completed, 485
except that a person may transfer the dog to the county dog 486
warden or to any other animal control authority. 487
(2)(a) Subject to division (A)(2)(b) of this section, no 489
person shall kill a dog that has bitten any person until a 490
quarantine period as specified in division (B) of this section 491
has been completed. 492
(b) Division (A)(2)(a) of this section does not apply to 494
the killing of a dog in order to prevent further injury or death 495
or if the dog is diseased or seriously injured. 496
(3) No person who has killed a dog that has bitten any 498
person in order to prevent further injury or death or if the dog 499
is diseased or seriously injured shall fail to do both of the 500
following: 501
(a) Immediately after the killing of the dog, notify the 503
board of health for the district in which the bite occurred of 504
the facts relative to the bite and the killing; 505
(b) Hold the body of the dog until that board of health 507
claims it to perform tests for rabies. 508
(B) The quarantine period for a dog that has bitten any 510
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person shall be ten days or another period that the board of 511
health for the district in which the bite occurred determines is 512
necessary to observe the dog for rabies. 513
(C)(1) To enable persons to comply with the quarantine 515
requirements specified in divisions (A) and (B) of this section, 516
boards of health shall make provision for the quarantine of 517
individual dogs under the circumstances described in those 518
divisions. 519
(2) Upon the receipt of a notification pursuant to 521
division (A)(3) of this section that a dog that has bitten any 522
person has been killed, the board of health for the district in 523
which the bite occurred shall claim the body of the dog from its 524
killer and then perform tests on the body for rabies. 525
(D) THIS SECTION DOES NOT APPLY TO A POLICE DOG THAT HAS 527
BITTEN A PERSON WHILE THE POLICE DOG IS UNDER THE CARE OF A 528
LICENSED VETERINARIAN OR HAS BITTEN A PERSON WHILE THE POLICE DOG 529
IS BEING USED FOR LAW ENFORCEMENT, CORRECTIONS, PRISON OR JAIL 530
SECURITY, OR INVESTIGATIVE PURPOSES. IF, AFTER BITING A PERSON, 531
A POLICE DOG EXHIBITS ANY ABNORMAL BEHAVIOR, THE LAW ENFORCEMENT 532
AGENCY AND THE LAW ENFORCEMENT OFFICER THE POLICE DOG ASSISTS,
WITHIN A REASONABLE TIME AFTER THE PERSON IS BITTEN, SHALL MAKE 533
THE POLICE DOG AVAILABLE FOR THE BOARD OF HEALTH FOR THE DISTRICT 534
IN WHICH THE BITE OCCURRED TO PERFORM TESTS FOR RABIES. 535
(E) AS USED IN THIS SECTION, "POLICE DOG" HAS THE SAME 537
MEANING AS IN SECTION 2921.321 OF THE REVISED CODE. 538
Sec. 2921.321. (A) No person shall knowingly cause, or 547
attempt to cause, physical harm to a police dog or horse in 548
either of the following circumstances: 549
(1) The police dog or horse is assisting a law enforcement 551
officer in the performance of the officer's official duties at 553
the time the physical harm is caused or attempted. 554
(2) The police dog or horse is not assisting a law 556
enforcement officer in the performance of the officer's official 558
duties at the time the physical harm is caused or attempted, but 559
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the offender has actual knowledge that the dog or horse is a 560
police dog or horse. 561
(B) NO PERSON SHALL RECKLESSLY DO ANY OF THE FOLLOWING: 563
(1) TAUNT, TORMENT, OR STRIKE A POLICE DOG OR HORSE; 565
(2) THROW AN OBJECT OR SUBSTANCE AT A POLICE DOG OR HORSE; 567
(3) INTERFERE WITH OR OBSTRUCT A POLICE DOG OR HORSE, OR 569
INTERFERE WITH OR OBSTRUCT A LAW ENFORCEMENT OFFICER ASSISTED BY 570
A POLICE DOG OR HORSE, IN A MANNER THAT DOES ANY OF THE 571
FOLLOWING:
(a) INHIBITS OR RESTRICTS THE LAW ENFORCEMENT OFFICER'S 573
CONTROL OF THE POLICE DOG OR HORSE; 575
(b) DEPRIVES THE LAW ENFORCEMENT OFFICER OF CONTROL OF THE 577
POLICE DOG OR HORSE; 579
(c) RELEASES THE POLICE DOG OR HORSE FROM ITS AREA OF 581
CONTROL; 582
(d) ENTERS THE AREA OF CONTROL OF THE POLICE DOG OR HORSE 584
WITHOUT THE CONSENT OF THE LAW ENFORCEMENT OFFICER, INCLUDING 586
PLACING FOOD OR ANY OTHER OBJECT OR SUBSTANCE INTO THAT AREA; 587
(4) ENGAGE IN ANY CONDUCT THAT IS LIKELY TO CAUSE SERIOUS 589
PHYSICAL INJURY OR DEATH TO A POLICE DOG OR HORSE. 590
(C) No person shall knowingly cause, or attempt to cause, 592
physical harm to a handicapped assistance dog in either of the 593
following circumstances: 594
(1) The handicapped assistance dog is assisting a blind, 596
deaf, or mobility impaired person at the time the physical harm 597
is caused or attempted. 598
(2) The handicapped assistance dog is not assisting a 600
blind, deaf, or mobility impaired person at the time the physical 601
harm is caused or attempted, but the offender has actual 602
knowledge that the dog is a handicapped assistance dog. 603
(C)(D)(1) Whoever violates division (A) of this section is 605
guilty of assaulting a police dog or horse. Except as otherwise 606
provided in this division, assaulting a police dog or horse is a 607
misdemeanor of the second degree. If the violation results in 609
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the death of the dog or horse, assaulting a police dog or horse 610
is a felony of the fourth degree. If the violation results in 611
serious physical harm to the police dog or horse other than its 612
death, assaulting a police dog or horse is a felony of the fifth 613
degree. If the violation results in physical harm to the police 614
dog or horse other than death or serious physical harm, 615
assaulting a police dog or horse is a misdemeanor of the first 616
degree.
(2) WHOEVER VIOLATES DIVISION (B) OF THIS SECTION IS 618
GUILTY OF HARASSING A POLICE DOG OR HORSE. EXCEPT AS OTHERWISE 619
PROVIDED IN THIS DIVISION, HARASSING A POLICE DOG OR HORSE IS A 620
MISDEMEANOR OF THE SECOND DEGREE. IF THE VIOLATION RESULTS IN 621
THE DEATH OF THE POLICE DOG OR HORSE, HARASSING A POLICE DOG OR 622
HORSE IS A FELONY OF THE FOURTH DEGREE. IF THE VIOLATION RESULTS 623
IN SERIOUS PHYSICAL HARM TO THE POLICE DOG OR HORSE BUT DOES NOT 624
RESULT IN ITS DEATH, HARASSING A POLICE DOG OR HORSE IS A FELONY 625
OF THE FIFTH DEGREE. IF THE VIOLATION RESULTS IN PHYSICAL HARM 626
TO THE POLICE DOG OR HORSE BUT DOES NOT RESULT IN ITS DEATH OR IN 627
SERIOUS PHYSICAL HARM TO IT, HARASSING A POLICE DOG OR HORSE IS A 628
MISDEMEANOR OF THE FIRST DEGREE.
(3) WHOEVER VIOLATES DIVISION (B) OF THIS SECTION IS 630
RESPONSIBLE FOR THE PAYMENT OF ALL OF THE FOLLOWING: 631
(a) ANY VETERINARY BILLS OR BILLS FOR MEDICATION INCURRED 633
BY THE POLICE DEPARTMENT AS A RESULT OF THE VIOLATION; 634
(b) ANY DAMAGED EQUIPMENT THAT RESULT FROM THE VIOLATION; 636
(c) THE COST OF REPLACING THE POLICE DOG OR HORSE AND OF 638
ANY FURTHER TRAINING OF A NEW POLICE DOG OR HORSE BY A LAW 639
ENFORCEMENT OFFICER THAT IS REQUIRED BECAUSE OF THE DEATH OF OR 640
SERIOUS PHYSICAL HARM TO THE POLICE DOG OR HORSE THAT IS THE 641
SUBJECT OF THE VIOLATION.
(4) Whoever violates division (B)(C) of this section is 644
guilty of assaulting a handicapped assistance dog. Except as
otherwise provided in this division, assaulting a handicapped 645
assistance dog is a misdemeanor of the second degree. If the 646
16
violation results in the death of the dog, assaulting a 647
handicapped assistance dog is a felony of the fourth degree. If 649
the violation results in serious physical harm to the dog other
than its death, assaulting a handicapped assistance dog is a 650
felony of the fifth degree. If the violation results in physical 652
harm to the dog other than death or serious physical harm, 653
assaulting a handicapped assistance dog is a misdemeanor of the 654
first degree.
(D)(E) This section does not apply to a licensed 656
veterinarian whose conduct is in accordance with Chapter 4741. of 658
the Revised Code.
(E)(F) As used in this section: 660
(1) "Physical harm" means any injury, illness, or other 662
physiological impairment, regardless of its gravity or duration. 663
(2) "Police dog or horse" means a dog or horse that has 665
been trained, and may be used, to assist law enforcement officers 666
in the performance of their official duties. 667
(3) "Serious physical harm" means any of the following: 669
(a) Any physical harm that carries a substantial risk of 671
death;
(b) Any physical harm that causes permanent maiming or 673
that involves some temporary, substantial maiming; 674
(c) Any physical harm that causes acute pain of a duration 676
that results in substantial suffering. 677
(4) "Handicapped assistance dog" means a dog that serves 679
as a guide or leader for a blind person or as a listener for a 680
deaf person or that provides support or assistance for a mobility 681
impaired person. 682
(5) "Blind" and "mobility impaired person" have the same 684
meanings as in section 955.011 of the Revised Code. 685
Section 2. That existing sections 301.28, 955.07, 955.14, 687
955.20, 955.261, and 2921.321 of the Revised Code are hereby 688
repealed.