As Reported by the Senate Agriculture Committee

128th General Assembly Regular Session 2009-2010

Sub. H. B. No. 175

Representative Gerberry 

Cosponsors: Representatives Hagan, Newcomb, Luckie, Murray, Fende, Brown, Bolon, Chandler, Combs, DeBose, Domenick, Dyer, Harris, Heard, Letson, Mallory, Patten, Pryor, Ujvagi, Weddington, Williams, B., Yates, Yuko 

Senator Schuring 

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A BILL

To amend sections 109.73, 317.08, 317.321, 959.131,

1

1711.15, 1717.01, 1717.04, 1717.06, and 1717.09

2

and to enact section 1717.061 of the Revised Code

3

to require a person to file proof of successful

4

completion of training with the county recorder

5

prior to being appointed as a humane society

6

agent, to require the revocation of an

7

appointment under certain circumstances, to

8

provide that the sovereign immunity provided for

9

humane society agents under current law does not

10

apply under certain circumstances, to increase the

11

maximum portion of recording fees that may be

12

earmarked for county recorders' equipment funds,

13

and to authorize a board of county commissioners

14

that provides financial assistance to a county

15

agricultural society to provide such assistance

16

from the county's permanent improvement fund.

17

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

Section 1. That sections 109.73, 317.08, 317.321, 959.131,	18
1711.15, 1717.01, 1717.04, 1717.06, and 1717.09 be amended and	19
section 1717.061 of the Revised Code be enacted to read as	20
follows:	21

Sec. 109.73.  (A) The Ohio peace officer training commission	22
shall recommend rules to the attorney general with respect to all	23
of the following:	24

(1) The approval, or revocation of approval, of peace officer	25
training schools administered by the state, counties, municipal	26
corporations, public school districts, technical college	27
districts, and the department of natural resources;	28

(2) Minimum courses of study, attendance requirements, and	29
equipment and facilities to be required at approved state, county,	30
municipal, and department of natural resources peace officer	31
training schools;	32

(3) Minimum qualifications for instructors at approved state,	33
county, municipal, and department of natural resources peace	34
officer training schools;	35

(4) The requirements of minimum basic training that peace	36
officers appointed to probationary terms shall complete before	37
being eligible for permanent appointment, which requirements shall	38
include training in the handling of the offense of domestic	39
violence, other types of domestic violence-related offenses and	40
incidents, and protection orders and consent agreements issued or	41
approved under section 2919.26 or 3113.31 of the Revised Code;	42
crisis intervention training; and training in the handling of	43
missing children and child abuse and neglect cases; and the time	44
within which such basic training shall be completed following	45
appointment to a probationary term;	46

(5) The requirements of minimum basic training that peace	47
officers not appointed for probationary terms but appointed on	48
other than a permanent basis shall complete in order to be	49
eligible for continued employment or permanent appointment, which	50
requirements shall include training in the handling of the offense	51
of domestic violence, other types of domestic violence-related	52
offenses and incidents, and protection orders and consent	53
agreements issued or approved under section 2919.26 or 3113.31 of	54
the Revised Code, crisis intervention training, and training in	55
the handling of missing children and child abuse and neglect	56
cases, and the time within which such basic training shall be	57
completed following appointment on other than a permanent basis;	58

(6) Categories or classifications of advanced in-service	59
training programs for peace officers, including programs in the	60
handling of the offense of domestic violence, other types of	61
domestic violence-related offenses and incidents, and protection	62
orders and consent agreements issued or approved under section	63
2919.26 or 3113.31 of the Revised Code, in crisis intervention,	64
and in the handling of missing children and child abuse and	65
neglect cases, and minimum courses of study and attendance	66
requirements with respect to such categories or classifications;	67

(7) Permitting persons, who are employed as members of a	68
campus police department appointed under section 1713.50 of the	69
Revised Code; who are employed as police officers by a qualified	70
nonprofit corporation police department pursuant to section	71
1702.80 of the Revised Code; who are appointed and commissioned as	72
bank, savings and loan association, savings bank, credit union, or	73
association of banks, savings and loan associations, savings	74
banks, or credit unions police officers, as railroad police	75
officers, or as hospital police officers pursuant to sections	76
4973.17 to 4973.22 of the Revised Code; or who are appointed and	77
commissioned as amusement park police officers pursuant to section	78
4973.17 of the Revised Code, to attend approved peace officer	79
training schools, including the Ohio peace officer training	80
academy, and to receive certificates of satisfactory completion of	81
basic training programs, if the private college or university that	82
established the campus police department; qualified nonprofit	83
corporation police department; bank, savings and loan association,	84
savings bank, credit union, or association of banks, savings and	85
loan associations, savings banks, or credit unions; railroad	86
company; hospital; or amusement park sponsoring the police	87
officers pays the entire cost of the training and certification	88
and if trainee vacancies are available;	89

(8) Permitting undercover drug agents to attend approved	90
peace officer training schools, other than the Ohio peace officer	91
training academy, and to receive certificates of satisfactory	92
completion of basic training programs, if, for each undercover	93
drug agent, the county, township, or municipal corporation that	94
employs that undercover drug agent pays the entire cost of the	95
training and certification;	96

(9)(a) The requirements for basic training programs for	97
bailiffs and deputy bailiffs of courts of record of this state and	98
for criminal investigators employed by the state public defender	99
that those persons shall complete before they may carry a firearm	100
while on duty;	101

(b) The requirements for any training received by a bailiff	102
or deputy bailiff of a court of record of this state or by a	103
criminal investigator employed by the state public defender prior	104
to June 6, 1986, that is to be considered equivalent to the	105
training described in division (A)(9)(a) of this section.	106

(10) Establishing minimum qualifications and requirements for	107
certification for dogs utilized by law enforcement agencies;	108

(11) Establishing minimum requirements for certification of	109
persons who are employed as correction officers in a full-service	110
jail, five-day facility, or eight-hour holding facility or who	111
provide correction services in such a jail or facility;	112

(12) Establishing requirements for the training of agents of	113
a county humane society under section 1717.06 of the Revised Code,	114
including, without limitation, a requirement that the agents	115
receive instruction on traditional animal husbandry methods and	116
training techniques, including customary owner-performed	117
practices.	118

(B) The commission shall appoint an executive director, with	119
the approval of the attorney general, who shall hold office during	120
the pleasure of the commission. The executive director shall	121
perform such duties assigned by the commission. The executive	122
director shall receive a salary fixed pursuant to Chapter 124. of	123
the Revised Code and reimbursement for expenses within the amounts	124
available by appropriation. The executive director may appoint	125
officers, employees, agents, and consultants as the executive	126
director considers necessary, prescribe their duties, and provide	127
for reimbursement of their expenses within the amounts available	128
for reimbursement by appropriation and with the approval of the	129
commission.	130

(C) The commission may do all of the following:

131

(1) Recommend studies, surveys, and reports to be made by the	132
executive director regarding the carrying out of the objectives	133
and purposes of sections 109.71 to 109.77 of the Revised Code;	134

(2) Visit and inspect any peace officer training school that	135
has been approved by the executive director or for which	136
application for approval has been made;	137

(3) Make recommendations, from time to time, to the executive	138
director, the attorney general, and the general assembly regarding	139
the carrying out of the purposes of sections 109.71 to 109.77 of	140
the Revised Code;	141

(4) Report to the attorney general from time to time, and to	142
the governor and the general assembly at least annually,	143
concerning the activities of the commission;	144

(5) Establish fees for the services the commission offers	145
under sections 109.71 to 109.79 of the Revised Code, including,	146
but not limited to, fees for training, certification, and testing;	147

(6) Perform such other acts as are necessary or appropriate	148
to carry out the powers and duties of the commission as set forth	149
in sections 109.71 to 109.77 of the Revised Code.	150

(D) In establishing the requirements, under division (A)(12)	151
of this section, the commission may consider any portions of the	152
curriculum for instruction on the topic of animal husbandry	153
practices, if any, of the Ohio state university college of	154
veterinary medicine. No person or entity that fails to provide	155
instruction on traditional animal husbandry methods and training	156
techniques, including customary owner-performed practices, shall	157
qualify to train a humane society agent for appointment under	158
section 1717.06 of the Revised Code.	159

Sec. 317.08. (A) Except as provided in divisions (C) and (D)	160
of this section, the county recorder shall keep six separate sets	161
of records as follows:	162

(1) A record of deeds, in which shall be recorded all deeds	163
and other instruments of writing for the absolute and	164
unconditional sale or conveyance of lands, tenements, and	165
hereditaments; all notices as provided in sections 5301.47 to	166
5301.56 of the Revised Code; all judgments or decrees in actions	167
brought under section 5303.01 of the Revised Code; all	168
declarations and bylaws, and all amendments to declarations and	169
bylaws, as provided in Chapter 5311. of the Revised Code;	170
affidavits as provided in sections 5301.252 and 5301.56 of the	171
Revised Code; all certificates as provided in section 5311.17 of	172
the Revised Code; all articles dedicating archaeological preserves	173
accepted by the director of the Ohio historical society under	174
section 149.52 of the Revised Code; all articles dedicating nature	175
preserves accepted by the director of natural resources under	176
section 1517.05 of the Revised Code; all agreements for the	177
registration of lands as archaeological or historic landmarks	178
under section 149.51 or 149.55 of the Revised Code; all	179
conveyances of conservation easements and agricultural easements	180
under section 5301.68 of the Revised Code; all instruments	181
extinguishing agricultural easements under section 901.21 or	182
5301.691 of the Revised Code or pursuant to terms of such an	183
easement granted to a charitable organization under section	184
5301.68 of the Revised Code; all instruments or orders described	185
in division (B)(2)(b) of section 5301.56 of the Revised Code; all	186
no further action letters issued under section 122.654 or 3746.11	187
of the Revised Code; all covenants not to sue issued under section	188
3746.12 of the Revised Code, including all covenants not to sue	189
issued pursuant to section 122.654 of the Revised Code; any	190
restrictions on the use of property contained in a no further	191
action letter issued under section 122.654 of the Revised Code,	192
any restrictions on the use of property identified pursuant to	193
division (C)(3)(a) of section 3746.10 of the Revised Code, and any	194
restrictions on the use of property contained in a deed or other	195
instrument as provided in division (E) or (F) of section 3737.882	196
of the Revised Code; any easement executed or granted under	197
section 3734.22, 3734.24, 3734.25, or 3734.26 of the Revised Code;	198
any environmental covenant entered into in accordance with	199
sections 5301.80 to 5301.92 of the Revised Code; all memoranda of	200
trust, as described in division (A) of section 5301.255 of the	201
Revised Code, that describe specific real property; and all	202
agreements entered into under division (A) of section 1506.44 of	203
the Revised Code;	204

(2) A record of mortgages, in which shall be recorded all of	205
the following:	206

(a) All mortgages, including amendments, supplements,	207
modifications, and extensions of mortgages, or other instruments	208
of writing by which lands, tenements, or hereditaments are or may	209
be mortgaged or otherwise conditionally sold, conveyed, affected,	210
or encumbered;	211

(b) All executory installment contracts for the sale of land	212
executed after September 29, 1961, that by their terms are not	213
required to be fully performed by one or more of the parties to	214
them within one year of the date of the contracts;	215

(c) All options to purchase real estate, including	216
supplements, modifications, and amendments of the options, but no	217
option of that nature shall be recorded if it does not state a	218
specific day and year of expiration of its validity;	219

(d) Any tax certificate sold under section 5721.33 of the	220
Revised Code, or memorandum of it, that is presented for filing of	221
record.	222

(3) A record of powers of attorney, including all memoranda	223
of trust, as described in division (A) of section 5301.255 of the	224
Revised Code, that do not describe specific real property;	225

(4) A record of plats, in which shall be recorded all plats	226
and maps of town lots, of the subdivision of town lots, and of	227
other divisions or surveys of lands, any center line survey of a	228
highway located within the county, the plat of which shall be	229
furnished by the director of transportation or county engineer,	230
and all drawings and amendments to drawings, as provided in	231
Chapter 5311. of the Revised Code;	232

(5) A record of leases, in which shall be recorded all	233
leases, memoranda of leases, and supplements, modifications, and	234
amendments of leases and memoranda of leases;	235

(6) A record of declarations executed pursuant to section	236
2133.02 of the Revised Code,and durable powers of attorney for	237
health care executed pursuant to section 1337.12 of the Revised	238
Code, and proof of successful completion of training by humane	239
society agents as required in section 1717.06 of the Revised Code.	240

(B) All instruments or memoranda of instruments entitled to	241
record shall be recorded in the proper record in the order in	242
which they are presented for record. The recorder may index, keep,	243
and record in one volume unemployment compensation liens, internal	244
revenue tax liens and other liens in favor of the United States as	245
described in division (A) of section 317.09 of the Revised Code,	246
personal tax liens, mechanic's liens, agricultural product liens,	247
notices of liens, certificates of satisfaction or partial release	248
of estate tax liens, discharges of recognizances, excise and	249
franchise tax liens on corporations, broker's liens, and liens	250
provided for in sections 1513.33, 1513.37, 3752.13, 5111.022, and	251
5311.18 of the Revised Code.	252

The recording of an option to purchase real estate,	253
including any supplement, modification, and amendment of the	254
option, under this section shall serve as notice to any purchaser	255
of an interest in the real estate covered by the option only	256
during the period of the validity of the option as stated in the	257
option.	258

(C) In lieu of keeping the six separate sets of records	259
required in divisions (A)(1) to (6) of this section and the	260
records required in division (D) of this section, a county	261
recorder may record all the instruments required to be recorded by	262
this section in two separate sets of record books. One set shall	263
be called the "official records" and shall contain the instruments	264
listed in divisions (A)(1), (2), (3), (5), and (6) and (D) of this	265
section. The second set of records shall contain the instruments	266
listed in division (A)(4) of this section.	267

(D) Except as provided in division (C) of this section, the	268
county recorder shall keep a separate set of records containing	269
all corrupt activity lien notices filed with the recorder pursuant	270
to section 2923.36 of the Revised Code and a separate set of	271
records containing all medicaid fraud lien notices filed with the	272
recorder pursuant to section 2933.75 of the Revised Code.	273

Sec. 317.321.  (A) Not later than the first day of October of	274
any year, the county recorder may submit to the board of county	275
commissioners a proposal for the acquisition or maintenance of	276
micrographic or other equipment or for contract services. The	277
proposal shall be in writing and shall include at least the	278
following:	279

(1) A request that an amount not to exceed fourseven dollars	280
of the fee collected for filing or recording a document for which	281
a fee is charged as required by division (A) of section 317.32 of	282
the Revised Code or by section 1309.525 or 5310.15 of the Revised	283
Code be placed in the county treasury and designated as "general	284
fund moneys to supplement the equipment needs of the county	285
recorder";	286

(2) The number of years, not to exceed five, for which the	287
county recorder requests that the amount requested under division	288
(A)(1) of this section be given the designation specified in that	289
division;	290

(3) An estimate of the total amount of fees that will be	291
generated for filing or recording a document for which a fee is	292
charged as required by division (A) of section 317.32 of the	293
Revised Code or by section 1309.525 or 5310.15 of the Revised	294
Code;	295

(4) An estimate of the total amount of fees for filing or	296
recording a document for which a fee is charged as required by	297
division (A) of section 317.32 of the Revised Code or by section	298
1309.525 or 5310.15 of the Revised Code that will be designated as	299
"general fund moneys to supplement the equipment needs of the	300
county recorder" if the request submitted under division (A)(1) of	301
this section is approved by the board of county commissioners.	302

The proposal may include a description or summary of the	303
micrographic or other equipment, or maintenance thereof, that the	304
county recorder proposes to acquire, or the nature of contract	305
services that the county recorder proposes to utilize. If the	306
county recorder has no immediate plans for the acquisition of	307
equipment or services, the proposal shall explain the general	308
needs of the office for equipment and shall state that the intent	309
of the proposal is to reserve funds for the office's future	310
equipment needs.	311

(B) The board of county commissioners shall receive the	312
proposal and the clerk shall enter it on the journal. At the same	313
time, the board shall establish a date, not sooner than fifteen	314
nor later than thirty days after the board's receipt of the	315
proposal, on which to meet with the recorder to review the	316
proposal.	317

(C) Not later than the fifteenth day of December of any year	318
in which a proposal is submitted under division (A) of this	319
section, the board of county commissioners shall approve, reject,	320
or modify the proposal and notify the county recorder of its	321
action on the proposal. If the board rejects or modifies the	322
proposal, it shall make a written finding that the request is for	323
a purpose other than for acquiring, leasing, or otherwise	324
obtaining micrographic or other equipment or contracts for use by	325
the county recorder or that the amount requested is excessive as	326
determined by the board. If the board approves the proposal, it	327
shall request the establishment of a special fund under section	328
5705.12 of the Revised Code for any fees designated as "general	329
fund moneys to supplement the equipment needs of the county	330
recorder."	331

(D) The acquisition or maintenance of micrographic or other	332
equipment and the acquisition of contract services shall be	333
specifically governed by sections 307.80 to 307.806, 307.84 to	334
307.846, 307.86 to 307.92, and 5705.38, and by division (D) of	335
section 5705.41 of the Revised Code.	336

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

337

(1) "Companion animal" means any animal that is kept inside a	338
residential dwelling and any dog or cat regardless of where it is	339
kept. "Companion animal" does not include livestock or any wild	340
animal.	341

(2) "Cruelty," "torment," and "torture" have the same	342
meanings as in section 1717.01 of the Revised Code.	343

(3) "Residential dwelling" means a structure or shelter or	344
the portion of a structure or shelter that is used by one or more	345
humans for the purpose of a habitation.	346

(4) "Practice of veterinary medicine" has the same meaning as	347
in section 4741.01 of the Revised Code.	348

(5) "Wild animal" has the same meaning as in section 1531.01	349
of the Revised Code.	350

(6) "Federal animal welfare act" means the "Laboratory Animal	351
Act of 1966," Pub. L. No. 89-544, 80 Stat. 350 (1966), 7 U.S.C.A.	352
2131 et seq., as amended by the "Animal Welfare Act of 1970," Pub.	353
L. No. 91-579, 84 Stat. 1560 (1970), the "Animal Welfare Act	354
Amendments of 1976," Pub. L. No. 94-279, 90 Stat. 417 (1976), and	355
the "Food Security Act of 1985," Pub. L. No. 99-198, 99 Stat. 1354	356
(1985), and as it may be subsequently amended.	357

(B) No person shall knowingly torture, torment, needlessly	358
mutilate or maim, cruelly beat, poison, needlessly kill, or commit	359
an act of cruelty against a companion animal.	360

(C) No person who confines or who is the custodian or	361
caretaker of a companion animal shall negligently do any of the	362
following:	363

(1) Torture, torment, needlessly mutilate or maim, cruelly	364
beat, poison, needlessly kill, or commit an act of cruelty against	365
the companion animal;	366

(2) Deprive the companion animal of necessary sustenance,	367
confine the companion animal without supplying it during the	368
confinement with sufficient quantities of good, wholesome food and	369
water, or impound or confine the companion animal without	370
affording it, during the impoundment or confinement, with access	371
to shelter from heat, cold, wind, rain, snow, or excessive direct	372
sunlight, if it can reasonably be expected that the companion	373
animal would become sick or suffer in any other way as a result of	374
or due to the deprivation, confinement, or impoundment or	375
confinement in any of those specified manners.	376

(D) Divisions (B) and (C) of this section do not apply to any	377
of the following:	378

(1) A companion animal used in scientific research conducted	379
by an institution in accordance with the federal animal welfare	380
act and related regulations;	381

(2) The lawful practice of veterinary medicine by a person	382
who has been issued a license, temporary permit, or registration	383
certificate to do so under Chapter 4741. of the Revised Code;	384

(3) Dogs being used or intended for use for hunting or field	385
trial purposes, provided that the dogs are being treated in	386
accordance with usual and commonly accepted practices for the care	387
of hunting dogs;	388

(4) The use of common training devices, if the companion	389
animal is being treated in accordance with usual and commonly	390
accepted practices for the training of animals;	391

(5) The administering of medicine to a companion animal that	392
was properly prescribed by a person who has been issued a license,	393
temporary permit, or registration certificate under Chapter 4741.	394
of the Revised Code.	395

(E) Notwithstanding any section of the Revised Code that	396
otherwise provides for the distribution of fine moneys, the clerk	397
of court shall forward all fines the clerk collects that are so	398
imposed for any violation of this section to the treasurer of the	399
political subdivision or the state, whose county humane society or	400
law enforcement agency is to be paid the fine money as determined	401
under this division. The treasurer to whom the fines are forwarded	402
shall pay the fine moneys to the county humane society or the	403
county, township, municipal corporation, or state law enforcement	404
agency in this state that primarily was responsible for or	405
involved in the investigation and prosecution of the violation. If	406
a county humane society receives any fine moneys under this	407
division, the county humane society shall use the fine moneys to	408
provide the training that is required for humane society agents	409
under section 1717.06 of the Revised Code.	410

Sec. 1711.15.  In any county in which there is a duly	411
organized county agricultural society, the board of county	412
commissioners or the county agricultural society itself may	413
purchase or lease, for a term of not less than twenty years, real	414
estate on which to hold fairs under the management and control of	415
the county agricultural society, and may erect suitable buildings	416
on the real estate and otherwise improve it.	417

In counties in which there is a county agricultural society	418
that has purchased, or leased, for a term of not less than twenty	419
years, real estate as a site on which to hold fairs or in which	420
the title to the site is vested in fee in the county, the board of	421
county commissioners may erect or repair buildings or otherwise	422
improve the site and pay the rental of it, or contribute to or pay	423
any other form of indebtedness of the society, if the director of	424
agriculture has certified to the board that the county	425
agricultural society is complying with all laws and rules	426
governing the operation of county agricultural societies. The	427
board may appropriate from the county's general fund or permanent	428
improvement fund any amount that it considers necessary for any of	429
those purposes.	430

Sec. 1717.01.  As used in sections 1717.01 to 1717.14,	431
inclusive, of the Revised Code,this chapter and in every law	432
relating to animals:	433

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

434

(B) "Cruelty," "torment," and "torture" include every act,	435
omission, or neglect by which unnecessary or unjustifiable pain or	436
suffering is caused, permitted, or allowed to continue, when there	437
is a reasonable remedy or relief;.	438

(C) "Humane society agent" or "agent" means an individual who	439
is appointed by a county humane society under section 1717.06 of	440
the Revised Code, and approved by the applicable mayor or probate	441
judge under that section, for the purpose of investigating any	442
person who is accused of an act of cruelty to animals regardless	443
of the title that is given to the individual.	444

(D) "Owner" and "person" include corporations. For the	445
purpose of this section the knowledge and acts of the agents and	446
employees of a corporation, in regard to animals transported,	447
owned, or employed by, or in the custody of, such agents and	448
employees, are the knowledge and acts of the corporation.	449

Sec. 1717.04.  The Ohio humane society may appoint agents,	450
in any county where no active county humane society exists under	451
section 1717.05 of the Revised Code, to represent it and to	452
receive and account for all funds coming to it from fines or	453
otherwise, and may also appoint agents at large to prosecute its	454
work throughout the state. Such agents may arrest any person found	455
violating any law for the protection of persons or animals, or the	456
prevention of cruelty thereto. Upon making such arrest the agent	457
forthwith shall convey the person arrested before some court or	458
magistrate having jurisdiction of the offense, and there make	459
complaint against himthe person.	460

Such agents shall not make such arrests within a municipal	461
corporation unless their appointment has been approved by the	462
mayor of the municipal corporation, or within a county beyond the	463
limits of a municipal corporation unless their appointment has	464
been approved by the probate judge of the county. Such mayor or	465
probate judge shall keep a record of such appointments.	466

Sec. 1717.06.  A county humane society organized under	467
section 1717.05 of the Revised Code may appoint agents, who are	468
residents of the county or municipal corporation for which the	469
appointment is made, for the purpose of prosecuting any person	470
guilty of an act of cruelty to persons or animals. Such agents	471
may arrest any person found violating this chapter or any other	472
law for protecting persons or animals or preventing acts of	473
cruelty thereto. Upon making an arrest, the agent forthwith shall	474
convey the person arrested before some court or magistrate having	475
jurisdiction of the offense, and there make complaint against the	476
person on oath or affirmation of the offense.	477

All appointments of agents under this section shall be	478
approved by the mayor of the municipal corporation for which they	479
are made, provided that an individual has successfully completed	480
the training that is required in this section and that signed	481
proof of successful completion is on file with the applicable	482
county recorder in accordance with section 317.08 of the Revised	483
Code. If the society exists outside a municipal corporation, such	484
appointments shall be approved by the probate judge of the county	485
for which they are made, provided that an individual has	486
successfully completed the training that is required in this	487
section and that signed proof of successful completion is on file	488
with the applicable county recorder in accordance with section	489
317.08 of the Revised Code. The mayor or probate judge shall keep	490
a record of such appointments.	491

In order to qualify for appointment as a humane society agent	492
under this section, a person first shall successfully complete a	493
minimum of twenty hours of training on issues relating to the	494
investigation and prosecution of cruelty to and neglect of	495
animals. The training shall comply with rules recommended by the	496
peace officer training commission under section 109.73 of the	497
Revised Code and shall include, without limitation, instruction	498
regarding animal husbandry practices as described in division	499
(A)(12) of that section. A person who has been appointed as a	500
humane society agent under this section prior to the effective	501
date of this amendmentApril 9, 2003, may continue to act as a	502
humane society agent for a period of time on and after the	503
effective date of this amendmentApril 9, 2003, without completing	504
the training. However, on or before December 31, 2004, a person	505
who has been appointed as a humane society agent under this	506
section prior to the effective date of this amendmentApril 9,	507
2003, shall successfully complete the training described in this	508
paragraph and submit proof of its successful completion to the	509
appropriate appointing mayor or probate judge who approved the	510
appointment in order to continue to act as a humane society agent	511
after December 31, 2004.	512

Proof of successful completion of the training that is	513
required in this section shall be signed by the chief executive	514
officer of the organization or entity that provided the training	515
and the mayor or probate judge who will approve the appointment.	516
Prior to being appointed as a humane society agent, a person	517
shall file the signed proof of successful completion of training	518
with the county recorder in accordance with section 317.08 of the	519
Revised Code. For this recording, the county recorder shall charge	520
and collect the fee provided in division (A) of section 317.32 of	521
the Revised Code.	522

A person who has been appointed as a humane society agent	523
prior to the effective date of this amendment shall file proof of	524
successful completion of training, including the required	525
signatures, with the county recorder not later than six months	526
after the effective date of this amendment. For this recording,	527
the county recorder shall charge and collect the fee provided in	528
division (A) of section 317.32 of the Revised Code. If a person	529
who is serving as a humane society agent on the effective date of	530
this amendment has not filed the required proof of completion of	531
training with the county recorder as required in this section,	532
the person is suspended as a humane society agent by operation	533
of law until such proof is on file with the county recorder.	534

An individual who suspects that a humane society agent has	535
not successfully completed the training that is required in this	536
section or that an agent's proof of successful completion of	537
training contains false or misleading information may file a	538
complaint with the mayor or probate judge who approved the	539
appointment. The mayor or probate judge shall investigate the	540
complaint. If the mayor or probate judge finds that the agent has	541
not successfully completed the required training or that the proof	542
of successful completion contains false or misleading information,	543
the mayor or probate judge shall rescind the approval of the	544
appointment and order the applicable humane society to revoke the	545
appointment.	546

An agent of a county humane society only has the specific	547
authority granted to the agent under this section and section	548
1717.08 of the Revised Code.	549

Sec. 1717.061. (A) Except as provided in division (B) of this	550
section, the immunity provided under section 2744.03 of the	551
Revised Code does not apply to a humane society agent who	552
investigates an act of cruelty to an animal if either of the	553
following applies:	554

(1) The agent has not successfully completed the training	555
that is required in section 1717.06 of the Revised Code and has	556
not filed with the applicable county recorder signed proof of	557
successful completion of the training in accordance with section	558
317.08 of the Revised Code.	559

(2) The agent has not been trained in and is not	560
knowledgeable about the proper care of the species of animal that	561
is the subject of the investigation.	562

(B) Division (A)(1) of this section does not apply to a	563
person who has been appointed as a humane society agent prior to	564
the effective date of this section until six months after the	565
effective date of this section.	566

Sec. 1717.09.  A member of the Ohio humane society or of a	567
county humane society may require the sheriff of any county, the	568
constable of any township, the marshal or a policemanpolice	569
officer of any municipal corporation, or any agent of such a	570
society, to arrest any person found violating the laws in relation	571
to cruelty to persons or animals, and to take possession of any	572
animal cruelly treated in their respective counties or municipal	573
corporations, and deliver such animal to the proper officers of	574
the society.	575

Section 2. That existing sections 109.73, 317.08, 317.321,	576
959.131, 1711.15, 1717.01, 1717.04, 1717.06, and 1717.09 of the	577
Revised Code are hereby repealed.	578