130th Ohio General Assembly
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As Introduced

122nd General Assembly
Regular Session
1997-1998
H. B. No. 219

REPRESENTATIVE REID


A BILL
To amend sections 955.01 and 955.05 and to enact section 955.012 of the Revised Code to authorize the issuance without a fee of annual registrations for narcotics detector canines of specified law enforcement agencies.

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


Section 1. That sections 955.01 and 955.05 be amended and section 955.012 of the Revised Code be enacted to read as follows:

Sec. 955.01. (A)(1) Except as otherwise provided in this section or in sections 955.011, 955.012, and 955.16 of the Revised Code, every person who owns, keeps, or harbors a dog more than three months of age, shall FILE, on or after the first day of the preceding December but before the twentieth day of January of each year, file in the office of the county auditor of the county in which the dog is kept or harbored, an application for registration for the following year, beginning the twentieth day of January of that year. The board of county commissioners may, in case of an emergency, MAY extend the period for filing the application. The application shall state the age, sex, color, character of hair, whether short or long, AND breed, if known, OF THE DOG and the name and address of the owner of the dog. A registration fee of two dollars for each dog shall accompany the application, unless a greater fee has been established under division (A)(2) of this section or under section 955.14 of the Revised Code.

(2) A board of county commissioners may establish a registration fee higher than the one provided for in division (A)(1) of this section for dogs more than nine months of age that have not been spayed or neutered, except that the higher registration fee permitted by this division shall not apply if a person registering a dog furnishes with the application either a certificate from a licensed veterinarian verifying that the dog should not be spayed or neutered because of its age or medical condition or because the dog is used or intended for use for show or breeding purposes or a certificate from the owner of the dog declaring that the owner holds a valid hunting license issued by the division of wildlife of the department of natural resources and that the dog is used or intended for use for hunting purposes. If the board establishes such a fee, the application for registration shall state whether the dog is spayed or neutered, and whether a licensed veterinarian has certified that the dog should not be spayed or neutered or the owner has stated that the dog is used or intended to be used for hunting purposes. The board may require a person who is registering a spayed or neutered dog to furnish with the application a certificate from a licensed veterinarian verifying that the dog is spayed or neutered. No person shall furnish a certificate under this division which he THE PERSON knows to be false.

(B) If the application for registration is not filed and the registration fee paid, on or before the twentieth day of January of each year or, in case of an emergency, the date established by the board, the auditor shall assess a penalty in an amount equal to the registration fee upon the owner, keeper, or harborer, which must be paid with the registration fee.

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

(1) "CONTROLLED SUBSTANCE" HAS THE SAME MEANING AS IN SECTION 3719.01 OF THE REVISED CODE.

(2) "LAW ENFORCEMENT AGENCY" MEANS THE STATE HIGHWAY PATROL, THE OFFICE OF A COUNTY SHERIFF, THE POLICE DEPARTMENT OF A MUNICIPAL CORPORATION OR TOWNSHIP, OR A TOWNSHIP OR JOINT TOWNSHIP POLICE DISTRICT.

(3) "NARCOTICS DETECTOR CANINE" MEANS A DOG UTILIZED BY A LAW ENFORCEMENT AGENCY FOR THE PRIMARY PURPOSE OF DETECTING THE PRESENCE OF A CONTROLLED SUBSTANCE.

(B) INSTEAD OF OBTAINING AN ANNUAL REGISTRATION UNDER SECTION 955.01 OF THE REVISED CODE, A LAW ENFORCEMENT AGENCY OWNING, KEEPING, OR HARBORING A NARCOTICS DETECTOR CANINE MAY OBTAIN AN ANNUAL REGISTRATION FOR THE DOG AS A NARCOTICS DETECTOR CANINE UNDER THIS SECTION. THE APPLICATION FOR A NARCOTICS DETECTOR CANINE REGISTRATION SHALL BE SUBMITTED TO THE COUNTY AUDITOR OF THE COUNTY IN WHICH THE CENTRAL OFFICE OF THE LAW ENFORCEMENT AGENCY THAT OWNS, KEEPS, OR HARBORS THE DOG IS LOCATED, EXCEPT THAT, IN THE CASE OF A DOG OWNED, KEPT, OR HARBORED BY THE STATE HIGHWAY PATROL, THE APPLICATION SHALL BE SUBMITTED TO THE COUNTY AUDITOR OF THE COUNTY IN WHICH IS LOCATED THE STATE HIGHWAY PATROL POST TO WHICH THE DOG AND ITS HANDLER PRIMARILY ARE ASSIGNED. THE APPLICATION SHALL BE SUBMITTED ON OR AFTER THE FIRST DAY OF DECEMBER IMMEDIATELY PRECEDING THE BEGINNING OF THE REGISTRATION YEAR AND BEFORE THE TWENTIETH DAY OF JANUARY OF THAT YEAR. IF THE PERIOD FOR FILING REGISTRATION APPLICATIONS UNDER DIVISION (A)(1) OF SECTION 955.01 OF THE REVISED CODE IS EXTENDED IN THE COUNTY IN WHICH A NARCOTICS DETECTOR CANINE IS TO BE REGISTERED, AN APPLICATION FOR REGISTRATION UNDER THIS SECTION SHALL BE SUBMITTED TO THE COUNTY AUDITOR NOT LATER THAN THE REGISTRATION DEADLINE FOR THAT YEAR, AS SO EXTENDED.

THE APPLICATION FOR REGISTRATION OF A NARCOTICS DETECTOR CANINE SHALL STATE THE AGE, SEX, HAIR COLOR, CHARACTER OF HAIR, WHETHER SHORT OR LONG, AND BREED, IF KNOWN, OF THE DOG, THE NAME AND ADDRESS OF THE OWNER OF THE DOG, AND, IF THE LAW ENFORCEMENT AGENCY KEEPING OR HARBORING THE DOG IS DIFFERENT FROM THE OWNER, THE NAME OF THAT LAW ENFORCEMENT AGENCY. IN THE CASE OF A DOG OWNED, KEPT, OR HARBORED BY THE POLICE DEPARTMENT OF A MUNICIPAL CORPORATION OR TOWNSHIP OR BY A TOWNSHIP OR JOINT TOWNSHIP POLICE DISTRICT, THE APPLICATION SHALL BE SIGNED BY THE CHIEF OF THE POLICE DEPARTMENT OR DISTRICT. IN THE CASE OF A DOG OWNED, KEPT, OR HARBORED BY THE OFFICE OF A COUNTY SHERIFF, THE APPLICATION SHALL BE SIGNED BY THE SHERIFF. IN THE CASE OF A DOG OWNED, KEPT, OR HARBORED BY THE STATE HIGHWAY PATROL, THE APPLICATION SHALL BE SIGNED BY THE OFFICER IN CHARGE OF THE POST OF THE STATE HIGHWAY PATROL TO WHICH THE DOG AND ITS HANDLER PRIMARILY ARE ASSIGNED. THE APPLICATION SHALL INCLUDE A CERTIFICATION BY THE CHIEF OF THE POLICE DEPARTMENT OR DISTRICT, SHERIFF, OR OFFICER OF THE STATE HIGHWAY PATROL POST, AS APPLICABLE, THAT THE DOG DESCRIBED IN THE APPLICATION HAS BEEN PROPERLY TRAINED TO DETECT ONE OR MORE CONTROLLED SUBSTANCES OR TYPES OR CATEGORIES OF CONTROLLED SUBSTANCES AND ACTUALLY IS USED PRIMARILY FOR THAT PURPOSE BY THE LAW ENFORCEMENT AGENCY MAKING THE APPLICATION.

NO FEE IS REQUIRED FOR ISSUANCE OF A NARCOTICS DETECTOR CANINE REGISTRATION. A CERTIFICATE AND TAG STAMPED "OHIO NARCOTICS DETECTOR CANINE" SHALL BE ISSUED UPON REGISTRATION OF A DOG UNDER THIS SECTION. UPON PROPER PROOF OF LOSS, A DUPLICATE CERTIFICATE AND TAG SHALL BE ISSUED FOR A DOG REGISTERED UNDER THIS SECTION, AND NO FEE SHALL BE REQUIRED.

IF AN APPLICATION FOR REGISTRATION OF A NARCOTICS DETECTOR CANINE IS NOT FILED UNDER THIS SECTION ON OR BEFORE THE TWENTIETH DAY OF JANUARY OF THE REGISTRATION YEAR, OR THE EXTENDED REGISTRATION DEADLINE ESTABLISHED UNDER DIVISION (A)(1) OF SECTION 955.01 OF THE REVISED CODE, AS APPLICABLE, THE NARCOTICS DETECTOR CANINE SHALL BE REGISTERED UNDER THAT SECTION, AND THE REGISTRATION AND LATE REGISTRATION PENALTY APPLICABLE UNDER DIVISIONS (A) AND (B) OF THAT SECTION SHALL ACCOMPANY THE APPLICATION.

(C) IF A LAW ENFORCEMENT AGENCY BECOMES THE OWNER, KEEPER, OR HARBORER OF A NARCOTICS DETECTOR CANINE OR BRINGS A NARCOTICS DETECTOR CANINE INTO THE STATE AFTER THE TWENTIETH DAY OF JANUARY OF A REGISTRATION YEAR OR THE EXTENDED REGISTRATION DEADLINE ESTABLISHED UNDER DIVISION (A)(1) OF SECTION 955.01 of the Revised Code, AS APPLICABLE, THE LAW ENFORCEMENT AGENCY, WITHIN THIRTY DAYS AFTER BECOMING THE OWNER, KEEPER, OR HARBORER OR BRINGING THE DOG INTO THE STATE, MAY SUBMIT AN APPLICATION FOR REGISTRATION OF THE DOG UNDER THIS SECTION. UPON SUBMISSION OF THE APPLICATION, THE LAW ENFORCEMENT AGENCY SHALL BE ISSUED SUCH A REGISTRATION IN THE MANNER PROVIDED IN DIVISION (B) OF THIS SECTION. IF SUCH AN APPLICATION IS NOT FILED WITHIN THE THIRTY-DAY PERIOD, THE DOG SHALL BE REGISTERED UNDER SECTION 955.05 of the Revised Code, AND THE REGISTRATION FEE AND LATE REGISTRATION PENALTY APPLICABLE UNDER THAT SECTION OR SECTION 955.06 of the Revised Code SHALL ACCOMPANY THE APPLICATION.


Sec. 955.05. After the twentieth day of January of any year, except as otherwise provided in section 955.012 OR 955.16 of the Revised Code, every person, immediately upon becoming the owner, keeper, or harborer of any dog more than three months of age or brought from outside the state during any year, shall file like applications, with fees, as required by section 955.01 of the Revised Code, for registration for the current year. If such application is not filed and the fee paid, within thirty days after such dog is acquired, becomes three months of age, or is brought from outside the state, the auditor shall assess a penalty in an amount equal to the registration fee upon such owner, keeper, or harborer, which must be paid with the registration fee.

Every person becoming the owner of a kennel of dogs after the twentieth day of January of any year shall file like applications, with fees, as required by section 955.04 of the Revised Code, for the registration of such kennel for the current calendar year. If such application is not filed and the fee paid within thirty days after the person becomes the owner of such kennel, the auditor shall assess a penalty in an amount equal to the registration fee upon the owner of such kennel.


Section 2. That existing sections 955.01 and 955.05 of the Revised Code are hereby repealed.
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