Sub. H. B. No. 175 As Reported by the House Local Government and Public Administration Committee

As Reported by the House Local Government and Public Administration Committee

128th General Assembly

Regular Session

2009-2010

Sub. H. B. No. 175

Representative Gerberry

Cosponsors: Representatives Hagan, Newcomb, Luckie, Murray, Fende, Brown

A BILL

To amend sections 109.73, 317.08, 959.131, 1717.01,

1717.04, 1717.06, and 1717.09 of the Revised Code

to require a person to file proof of successful

completion of training with the county recorder

prior to being appointed as a humane society

agent and to require the revocation of an

appointment under certain circumstances.

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

Section 1. That sections 109.73, 317.08, 959.131, 1717.01,	8
1717.04, 1717.06, and 1717.09 of the Revised Code be amended to	9
read as follows:	10

Sec. 109.73. (A) The Ohio peace officer training commission	11
shall recommend rules to the attorney general with respect to all	12
of the following:	13

(1) The approval, or revocation of approval, of peace officer	14
training schools administered by the state, counties, municipal	15
corporations, public school districts, technical college	16
districts, and the department of natural resources;	17

(2) Minimum courses of study, attendance requirements, and	18
equipment and facilities to be required at approved state, county,	19
municipal, and department of natural resources peace officer	20
training schools;	21

(3) Minimum qualifications for instructors at approved state,	22
county, municipal, and department of natural resources peace	23
officer training schools;	24

(4) The requirements of minimum basic training that peace	25
officers appointed to probationary terms shall complete before	26
being eligible for permanent appointment, which requirements shall	27
include a minimum of fifteen hours of training in the handling of	28
the offense of domestic violence, other types of domestic	29
violence-related offenses and incidents, and protection orders and	30
consent agreements issued or approved under section 2919.26 or	31
3113.31 of the Revised Code; a minimum of six hours of crisis	32
intervention training; and a specified amount of training in the	33
handling of missing children and child abuse and neglect cases;	34
and the time within which such basic training shall be completed	35
following appointment to a probationary term;	36

(5) The requirements of minimum basic training that peace	37
officers not appointed for probationary terms but appointed on	38
other than a permanent basis shall complete in order to be	39
eligible for continued employment or permanent appointment, which	40
requirements shall include a minimum of fifteen hours of training	41
in the handling of the offense of domestic violence, other types	42
of domestic violence-related offenses and incidents, and	43
protection orders and consent agreements issued or approved under	44
section 2919.26 or 3113.31 of the Revised Code, a minimum of six	45
hours of crisis intervention training, and a specified amount of	46
training in the handling of missing children and child abuse and	47
neglect cases, and the time within which such basic training shall	48
be completed following appointment on other than a permanent	49
basis;	50

(6) Categories or classifications of advanced in-service	51
training programs for peace officers, including programs in the	52
handling of the offense of domestic violence, other types of	53
domestic violence-related offenses and incidents, and protection	54
orders and consent agreements issued or approved under section	55
2919.26 or 3113.31 of the Revised Code, in crisis intervention,	56
and in the handling of missing children and child abuse and	57
neglect cases, and minimum courses of study and attendance	58
requirements with respect to such categories or classifications;	59

(7) Permitting persons, who are employed as members of a	60
campus police department appointed under section 1713.50 of the	61
Revised Code; who are employed as police officers by a qualified	62
nonprofit corporation police department pursuant to section	63
1702.80 of the Revised Code; who are appointed and commissioned as	64
bank, savings and loan association, savings bank, credit union, or	65
association of banks, savings and loan associations, savings	66
banks, or credit unions police officers, as railroad police	67
officers, or as hospital police officers pursuant to sections	68
4973.17 to 4973.22 of the Revised Code; or who are appointed and	69
commissioned as amusement park police officers pursuant to section	70
4973.17 of the Revised Code, to attend approved peace officer	71
training schools, including the Ohio peace officer training	72
academy, and to receive certificates of satisfactory completion of	73
basic training programs, if the private college or university that	74
established the campus police department; qualified nonprofit	75
corporation police department; bank, savings and loan association,	76
savings bank, credit union, or association of banks, savings and	77
loan associations, savings banks, or credit unions; railroad	78
company; hospital; or amusement park sponsoring the police	79
officers pays the entire cost of the training and certification	80
and if trainee vacancies are available;	81

(8) Permitting undercover drug agents to attend approved	82
peace officer training schools, other than the Ohio peace officer	83
training academy, and to receive certificates of satisfactory	84
completion of basic training programs, if, for each undercover	85
drug agent, the county, township, or municipal corporation that	86
employs that undercover drug agent pays the entire cost of the	87
training and certification;	88

(9)(a) The requirements for basic training programs for	89
bailiffs and deputy bailiffs of courts of record of this state and	90
for criminal investigators employed by the state public defender	91
that those persons shall complete before they may carry a firearm	92
while on duty;	93

(b) The requirements for any training received by a bailiff	94
or deputy bailiff of a court of record of this state or by a	95
criminal investigator employed by the state public defender prior	96
to June 6, 1986, that is to be considered equivalent to the	97
training described in division (A)(9)(a) of this section.	98

(10) Establishing minimum qualifications and requirements for	99
certification for dogs utilized by law enforcement agencies;	100

(11) Establishing minimum requirements for certification of	101
persons who are employed as correction officers in a full-service	102
jail, five-day facility, or eight-hour holding facility or who	103
provide correction services in such a jail or facility;	104

(12) Establishing requirements for the training of agents of	105
a county humane society under section 1717.06 of the Revised Code,	106
including, without limitation, a requirement that the agents	107
receive instruction on traditional animal husbandry methods and	108
training techniques, including customary owner-performed	109
practices.	110

(B) The commission shall appoint an executive director, with	111
the approval of the attorney general, who shall hold office during	112
the pleasure of the commission. The executive director shall	113
perform such duties assigned by the commission. The executive	114
director shall receive a salary fixed pursuant to Chapter 124. of	115
the Revised Code and reimbursement for expenses within the amounts	116
available by appropriation. The executive director may appoint	117
officers, employees, agents, and consultants as the executive	118
director considers necessary, prescribe their duties, and provide	119
for reimbursement of their expenses within the amounts available	120
for reimbursement by appropriation and with the approval of the	121
commission.	122

123

(1) Recommend studies, surveys, and reports to be made by the	124
executive director regarding the carrying out of the objectives	125
and purposes of sections 109.71 to 109.77 of the Revised Code;	126

(2) Visit and inspect any peace officer training school that	127
has been approved by the executive director or for which	128
application for approval has been made;	129

(3) Make recommendations, from time to time, to the executive	130
director, the attorney general, and the general assembly regarding	131
the carrying out of the purposes of sections 109.71 to 109.77 of	132
the Revised Code;	133

(4) Report to the attorney general from time to time, and to	134
the governor and the general assembly at least annually,	135
concerning the activities of the commission;	136

(5) Establish fees for the services the commission offers	137
under sections 109.71 to 109.79 of the Revised Code, including,	138
but not limited to, fees for training, certification, and testing;	139

(6) Perform such other acts as are necessary or appropriate	140
to carry out the powers and duties of the commission as set forth	141
in sections 109.71 to 109.77 of the Revised Code.	142

(D) In establishing the requirements, under division (A)(12)	143
of this section, the commission may consider any portions of the	144
curriculum for instruction on the topic of animal husbandry	145
practices, if any, of the Ohio state university college of	146
veterinary medicine. No person or entity that fails to provide	147
instruction on traditional animal husbandry methods and training	148
techniques, including customary owner-performed practices, shall	149
qualify to train a humane society agent for appointment under	150
section 1717.06 of the Revised Code.	151

Sec. 317.08. (A) Except as provided in divisions (C) and (D)	152
of this section, the county recorder shall keep ~~six~~seven separate	153
sets of records as follows:	154

(1) A record of deeds, in which shall be recorded all deeds	155
and other instruments of writing for the absolute and	156
unconditional sale or conveyance of lands, tenements, and	157
hereditaments; all notices as provided in sections 5301.47 to	158
5301.56 of the Revised Code; all judgments or decrees in actions	159
brought under section 5303.01 of the Revised Code; all	160
declarations and bylaws, and all amendments to declarations and	161
bylaws, as provided in Chapter 5311. of the Revised Code;	162
affidavits as provided in sections 5301.252 and 5301.56 of the	163
Revised Code; all certificates as provided in section 5311.17 of	164
the Revised Code; all articles dedicating archaeological preserves	165
accepted by the director of the Ohio historical society under	166
section 149.52 of the Revised Code; all articles dedicating nature	167
preserves accepted by the director of natural resources under	168
section 1517.05 of the Revised Code; all agreements for the	169
registration of lands as archaeological or historic landmarks	170
under section 149.51 or 149.55 of the Revised Code; all	171
conveyances of conservation easements and agricultural easements	172
under section 5301.68 of the Revised Code; all instruments	173
extinguishing agricultural easements under section 901.21 or	174
5301.691 of the Revised Code or pursuant to terms of such an	175
easement granted to a charitable organization under section	176
5301.68 of the Revised Code; all instruments or orders described	177
in division (B)(2)(b) of section 5301.56 of the Revised Code; all	178
no further action letters issued under section 122.654 or 3746.11	179
of the Revised Code; all covenants not to sue issued under section	180
3746.12 of the Revised Code, including all covenants not to sue	181
issued pursuant to section 122.654 of the Revised Code; any	182
restrictions on the use of property contained in a no further	183
action letter issued under section 122.654 of the Revised Code,	184
any restrictions on the use of property identified pursuant to	185
division (C)(3)(a) of section 3746.10 of the Revised Code, and any	186
restrictions on the use of property contained in a deed or other	187
instrument as provided in division (E) or (F) of section 3737.882	188
of the Revised Code; any easement executed or granted under	189
section 3734.22, 3734.24, 3734.25, or 3734.26 of the Revised Code;	190
any environmental covenant entered into in accordance with	191
sections 5301.80 to 5301.92 of the Revised Code; all memoranda of	192
trust, as described in division (A) of section 5301.255 of the	193
Revised Code, that describe specific real property; and all	194
agreements entered into under division (A) of section 1506.44 of	195
the Revised Code;	196

(2) A record of mortgages, in which shall be recorded all of	197
the following:	198

(a) All mortgages, including amendments, supplements,	199
modifications, and extensions of mortgages, or other instruments	200
of writing by which lands, tenements, or hereditaments are or may	201
be mortgaged or otherwise conditionally sold, conveyed, affected,	202
or encumbered;	203

(b) All executory installment contracts for the sale of land	204
executed after September 29, 1961, that by their terms are not	205
required to be fully performed by one or more of the parties to	206
them within one year of the date of the contracts;	207

(c) All options to purchase real estate, including	208
supplements, modifications, and amendments of the options, but no	209
option of that nature shall be recorded if it does not state a	210
specific day and year of expiration of its validity;	211

(d) Any tax certificate sold under section 5721.33 of the	212
Revised Code, or memorandum of it, that is presented for filing of	213
record.	214

(3) A record of powers of attorney, including all memoranda	215
of trust, as described in division (A) of section 5301.255 of the	216
Revised Code, that do not describe specific real property;	217

(4) A record of plats, in which shall be recorded all plats	218
and maps of town lots, of the subdivision of town lots, and of	219
other divisions or surveys of lands, any center line survey of a	220
highway located within the county, the plat of which shall be	221
furnished by the director of transportation or county engineer,	222
and all drawings and amendments to drawings, as provided in	223
Chapter 5311. of the Revised Code;	224

(5) A record of leases, in which shall be recorded all	225
leases, memoranda of leases, and supplements, modifications, and	226
amendments of leases and memoranda of leases;	227

(6) A record of declarations executed pursuant to section	228
2133.02 of the Revised Code and durable powers of attorney for	229
health care executed pursuant to section 1337.12 of the Revised	230
Code;	231

(7) Proof of successful completion of training by humane	232
society agents as required in section 1717.06 of the Revised Code.	233

(B) All instruments or memoranda of instruments entitled to	234
record shall be recorded in the proper record in the order in	235
which they are presented for record. The recorder may index, keep,	236
and record in one volume unemployment compensation liens, internal	237
revenue tax liens and other liens in favor of the United States as	238
described in division (A) of section 317.09 of the Revised Code,	239
personal tax liens, mechanic's liens, agricultural product liens,	240
notices of liens, certificates of satisfaction or partial release	241
of estate tax liens, discharges of recognizances, excise and	242
franchise tax liens on corporations, broker's liens, and liens	243
provided for in sections 1513.33, 1513.37, 3752.13, 5111.022, and	244
5311.18 of the Revised Code.	245

The recording of an option to purchase real estate, including	246
any supplement, modification, and amendment of the option, under	247
this section shall serve as notice to any purchaser of an interest	248
in the real estate covered by the option only during the period of	249
the validity of the option as stated in the option.	250

(C) In lieu of keeping the ~~six~~seven separate sets of records	251
required in divisions (A)(1) to ~~(6)~~(7) of this section and the	252
records required in division (D) of this section, a county	253
recorder may record all the instruments required to be recorded by	254
this section in two separate sets of record books. One set shall	255
be called the "official records" and shall contain the instruments	256
listed in divisions (A)(1), (2), (3), (5), (6), and ~~(6)~~(7) and (D)	257
of this section. The second set of records shall contain the	258
instruments listed in division (A)(4) of this section.	259

(D) Except as provided in division (C) of this section, the	260
county recorder shall keep a separate set of records containing	261
all corrupt activity lien notices filed with the recorder pursuant	262
to section 2923.36 of the Revised Code and a separate set of	263
records containing all medicaid fraud lien notices filed with the	264
recorder pursuant to section 2933.75 of the Revised Code.	265

Sec. 959.131. (A) As used in this section:

266

(1) "Companion animal" means any animal that is kept inside a	267
residential dwelling and any dog or cat regardless of where it is	268
kept. "Companion animal" does not include livestock or any wild	269
animal.	270

(2) "Cruelty," "torment," and "torture" have the same	271
meanings as in section 1717.01 of the Revised Code.	272

(3) "Residential dwelling" means a structure or shelter or	273
the portion of a structure or shelter that is used by one or more	274
humans for the purpose of a habitation.	275

(4) "Practice of veterinary medicine" has the same meaning as	276
in section 4741.01 of the Revised Code.	277

(5) "Wild animal" has the same meaning as in section 1531.01	278
of the Revised Code.	279

(6) "Federal animal welfare act" means the "Laboratory Animal	280
Act of 1966," Pub. L. No. 89-544, 80 Stat. 350 (1966), 7 U.S.C.A.	281
2131 et seq., as amended by the "Animal Welfare Act of 1970," Pub.	282
L. No. 91-579, 84 Stat. 1560 (1970), the "Animal Welfare Act	283
Amendments of 1976," Pub. L. No. 94-279, 90 Stat. 417 (1976), and	284
the "Food Security Act of 1985," Pub. L. No. 99-198, 99 Stat. 1354	285
(1985), and as it may be subsequently amended.	286

(B) No person shall knowingly torture, torment, needlessly	287
mutilate or maim, cruelly beat, poison, needlessly kill, or commit	288
an act of cruelty against a companion animal.	289

(C) No person who confines or who is the custodian or	290
caretaker of a companion animal shall negligently do any of the	291
following:	292

(1) Torture, torment, needlessly mutilate or maim, cruelly	293
beat, poison, needlessly kill, or commit an act of cruelty against	294
the companion animal;	295

(2) Deprive the companion animal of necessary sustenance,	296
confine the companion animal without supplying it during the	297
confinement with sufficient quantities of good, wholesome food and	298
water, or impound or confine the companion animal without	299
affording it, during the impoundment or confinement, with access	300
to shelter from heat, cold, wind, rain, snow, or excessive direct	301
sunlight, if it can reasonably be expected that the companion	302
animal would become sick or suffer in any other way as a result of	303
or due to the deprivation, confinement, or impoundment or	304
confinement in any of those specified manners.	305

(D) Divisions (B) and (C) of this section do not apply to any	306
of the following:	307

(1) A companion animal used in scientific research conducted	308
by an institution in accordance with the federal animal welfare	309
act and related regulations;	310

(2) The lawful practice of veterinary medicine by a person	311
who has been issued a license, temporary permit, or registration	312
certificate to do so under Chapter 4741. of the Revised Code;	313

(3) Dogs being used or intended for use for hunting or field	314
trial purposes, provided that the dogs are being treated in	315
accordance with usual and commonly accepted practices for the care	316
of hunting dogs;	317

(4) The use of common training devices, if the companion	318
animal is being treated in accordance with usual and commonly	319
accepted practices for the training of animals;	320

(5) The administering of medicine to a companion animal that	321
was properly prescribed by a person who has been issued a license,	322
temporary permit, or registration certificate under Chapter 4741.	323
of the Revised Code.	324

(E) Notwithstanding any section of the Revised Code that	325
otherwise provides for the distribution of fine moneys, the clerk	326
of court shall forward all fines the clerk collects that are so	327
imposed for any violation of this section to the treasurer of the	328
political subdivision or the state, whose county humane society or	329
law enforcement agency is to be paid the fine money as determined	330
under this division. The treasurer to whom the fines are forwarded	331
shall pay the fine moneys to the county humane society or the	332
county, township, municipal corporation, or state law enforcement	333
agency in this state that primarily was responsible for or	334
involved in the investigation and prosecution of the violation. If	335
a county humane society receives any fine moneys under this	336
division, the county humane society shall use the fine moneys to	337
provide the training that is required for humane society agents	338
under section 1717.06 of the Revised Code.	339

Sec. 1717.01. As used in ~~sections 1717.01 to 1717.14,~~	340
~~inclusive, of the Revised Code,~~this chapter and in every law	341
relating to animals:	342

(A) "Animal" includes every living dumb creature;.

343

(B) "Cruelty," "torment," and "torture" include every act,	344
omission, or neglect by which unnecessary or unjustifiable pain or	345
suffering is caused, permitted, or allowed to continue, when there	346
is a reasonable remedy or relief;.	347

(C) "Humane society agent" or "agent" means an individual who	348
is appointed by a county humane society under section 1717.06 of	349
the Revised Code, and approved by the applicable mayor or probate	350
judge under that section, for the purpose of investigating any	351
person who is accused of an act of cruelty to animals regardless	352
of the title that is given to the individual.	353

(D) "Owner" and "person" include corporations. For the	354
purpose of this section the knowledge and acts of the agents and	355
employees of a corporation, in regard to animals transported,	356
owned, or employed by, or in the custody of, such agents and	357
employees, are the knowledge and acts of the corporation.	358

Sec. 1717.04. The Ohio humane society may appoint agents,	359
in any county where no active county humane society exists under	360
section 1717.05 of the Revised Code, to represent it and to	361
receive and account for all funds coming to it from fines or	362
otherwise, and may also appoint agents at large to prosecute its	363
work throughout the state. Such agents may arrest any person found	364
violating any law for the protection of ~~persons or~~ animals, or the	365
prevention of cruelty thereto. Upon making such arrest the agent	366
forthwith shall convey the person arrested before some court or	367
magistrate having jurisdiction of the offense, and there make	368
complaint against ~~him~~the person.	369

Such agents shall not make such arrests within a municipal	370
corporation unless their appointment has been approved by the	371
mayor of the municipal corporation, or within a county beyond the	372
limits of a municipal corporation unless their appointment has	373
been approved by the probate judge of the county. Such mayor or	374
probate judge shall keep a record of such appointments.	375

Sec. 1717.06. A county humane society organized under	376
section 1717.05 of the Revised Code may appoint agents, who are	377
residents of the county or municipal corporation for which the	378
appointment is made~~, for the purpose of prosecuting any person~~	379
~~guilty of an act of cruelty to persons or animals~~. Such agents may	380
arrest any person found violating this chapter or any other law	381
for protecting ~~persons or~~ animals or preventing acts of cruelty	382
thereto. Upon making an arrest, the agent forthwith shall convey	383
the person arrested before some court or magistrate having	384
jurisdiction of the offense, and there make complaint against the	385
person on oath or affirmation of the offense.	386

All appointments of agents under this section shall be	387
approved by the mayor of the municipal corporation for which they	388
are made, provided that an individual has successfully completed	389
the training that is required in this section and that signed	390
proof of successful completion is on file with the applicable	391
county recorder in accordance with section 317.08 of the Revised	392
Code. If the society exists outside a municipal corporation, such	393
appointments shall be approved by the probate judge of the county	394
for which they are made, provided that an individual has	395
successfully completed the training that is required in this	396
section and that signed proof of successful completion is on file	397
with the applicable county recorder in accordance with section	398
317.08 of the Revised Code. The mayor or probate judge shall keep	399
a record of such appointments.	400

In order to qualify for appointment as a humane society agent	401
under this section, a person first shall successfully complete a	402
minimum of twenty hours of training on issues relating to the	403
investigation and prosecution of cruelty to and neglect of	404
animals. The training shall comply with rules recommended by the	405
peace officer training commission under section 109.73 of the	406
Revised Code and shall include, without limitation, instruction	407
regarding animal husbandry practices as described in division	408
(A)(12) of that section. A person who has been appointed as a	409
humane society agent under this section prior to ~~the effective~~	410
~~date of this amendment~~April 9, 2003, may continue to act as a	411
humane society agent for a period of time on and after ~~the~~	412
~~effective date of this amendment~~April 9, 2003, without completing	413
the training. However, on or before December 31, 2004, a person	414
who has been appointed as a humane society agent under this	415
section prior to ~~the effective date of this amendment~~April 9,	416
2003, shall successfully complete the training described in this	417
paragraph and submit proof of its successful completion to the	418
appropriate ~~appointing~~ mayor or probate judge who approved the	419
appointment in order to continue to act as a humane society agent	420
after December 31, 2004.	421

Proof of successful completion of the training that is	422
required in this section shall be signed by the chief executive	423
officer of the organization or entity that provided the training	424
and the mayor or probate judge who will approve the appointment.	425
Prior to being appointed as a humane society agent, a person	426
shall file the signed proof of successful completion of training	427
with the county recorder in accordance with section 317.08 of the	428
Revised Code.	429

A person who has been appointed as a humane society agent	430
prior to the effective date of this amendment shall file proof of	431
successful completion of training, including the required	432
signatures, with the county recorder not later than six months	433
after the effective date of this amendment. If a person who is	434
serving as a humane society agent on the effective date of this	435
amendment has not filed the required proof of completion of	436
training with the county recorder as required in this section,	437
the person is suspended as a humane society agent by operation	438
of law until such proof is on file with the county recorder.	439

An individual who suspects that a humane society agent has	440
not successfully completed the training that is required in this	441
section or that an agent's proof of successful completion of	442
training contains false or misleading information may file a	443
complaint with the mayor or probate judge who approved the	444
appointment. The mayor or probate judge shall investigate the	445
complaint. If the mayor or probate judge finds that the agent has	446
not successfully completed the required training or that the proof	447
of successful completion contains false or misleading information,	448
the mayor or probate judge shall rescind the approval of the	449
appointment and order the applicable humane society to revoke the	450
appointment.	451

An agent of a county humane society only has the specific	452
authority granted to the agent under this section and section	453
1717.08 of the Revised Code.	454

Sec. 1717.09. A member of the Ohio humane society or of a	455
county humane society may require the sheriff of any county, the	456
constable of any township, the marshal or a ~~policeman~~police	457
officer of any municipal corporation, or any agent of such a	458
society, to arrest any person found violating the laws in relation	459
to cruelty to ~~persons or~~ animals, and to take possession of any	460
animal cruelly treated in their respective counties or municipal	461
corporations, and deliver such animal to the proper officers of	462
the society.	463

Section 2. That existing sections 109.73, 317.08, 959.131,	464
1717.01, 1717.04, 1717.06, and 1717.09 of the Revised Code are	465
hereby repealed.	466