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Am. Sub. H. B. No. 175 As Passed by the HouseAs Passed by the House
128th General Assembly | Regular Session | 2009-2010 |
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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
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,
1717.04, 1717.06, and 1717.09 of the Revised
Code be amended to
read as follows:
Sec. 109.73. (A) The Ohio peace officer training
commission
shall recommend rules to the attorney general with respect to all
of the following:
(1) The approval, or revocation of approval, of peace
officer
training schools administered by the state, counties,
municipal
corporations, public school districts, technical
college
districts, and the department of natural resources;
(2) Minimum courses of study, attendance requirements, and
equipment and facilities to be required at approved state,
county,
municipal, and department of natural resources peace
officer
training schools;
(3) Minimum qualifications for instructors at approved
state,
county, municipal, and department of natural resources
peace
officer training schools;
(4) The requirements of minimum basic training that peace
officers appointed to probationary terms shall complete before
being eligible for permanent appointment, which requirements
shall
include a minimum of fifteen hours of training in the
handling of
the offense of domestic violence, other types of
domestic
violence-related offenses and incidents, and protection
orders and
consent agreements issued or approved under section
2919.26 or
3113.31 of the Revised Code; a minimum of six hours of
crisis
intervention training; and a specified amount of training
in the
handling of missing children and child abuse and neglect
cases;
and the time within which such basic training shall be
completed
following appointment to a probationary term;
(5) The requirements of minimum basic training that peace
officers not appointed for probationary terms but appointed on
other than a permanent basis shall complete in order to be
eligible for continued employment or permanent appointment, which
requirements shall include a minimum of fifteen hours of training
in the handling of the offense of domestic violence, other types
of domestic violence-related offenses and incidents, and
protection orders and consent agreements issued or approved under
section 2919.26 or 3113.31 of the Revised Code, a minimum of six
hours of crisis intervention training, and a specified amount of
training in the handling of missing children and child abuse and
neglect cases, and the time within which such basic training
shall
be completed following appointment on other than a
permanent
basis;
(6) Categories or classifications of advanced in-service
training programs for peace officers, including programs in the
handling of the offense of domestic violence, other types of
domestic violence-related offenses and incidents, and protection
orders and consent agreements issued or approved under section
2919.26 or 3113.31 of the Revised Code, in crisis intervention,
and in the handling of missing children and child abuse and
neglect cases, and minimum courses of study and attendance
requirements with respect to such categories or classifications;
(7) Permitting persons, who are employed as members of a
campus police department appointed under section 1713.50 of the
Revised Code; who are employed as police officers by a qualified
nonprofit corporation police department pursuant to section
1702.80 of the Revised Code; who are appointed and
commissioned as
bank, savings and loan association, savings bank, credit union, or
association of banks, savings and loan associations, savings
banks, or credit unions police officers,
as railroad police
officers, or as hospital
police officers
pursuant
to sections
4973.17 to 4973.22 of the Revised Code; or who are appointed and
commissioned as amusement park police officers pursuant to section
4973.17 of the Revised Code, to
attend
approved peace officer
training schools, including the
Ohio peace
officer training
academy, and to receive certificates
of
satisfactory completion of
basic training programs, if the
private
college or university that
established the campus police
department; qualified nonprofit
corporation police department; bank, savings and loan association,
savings bank, credit union, or association of banks, savings and
loan associations, savings banks, or credit unions;
railroad
company; hospital; or amusement park sponsoring the police
officers pays
the entire cost of the training and certification
and if trainee
vacancies are available;
(8) Permitting undercover drug agents to attend approved
peace officer training schools, other than the Ohio peace officer
training academy, and to receive certificates of satisfactory
completion of basic training programs, if, for each undercover
drug agent, the county, township, or municipal corporation that
employs that undercover drug agent pays the entire cost of the
training and certification;
(9)(a) The requirements for basic training programs for
bailiffs and deputy bailiffs of courts of record of this state
and
for criminal investigators employed by the state public
defender
that those persons shall complete before they may carry
a firearm
while on duty;
(b) The requirements for any training received by a
bailiff
or deputy bailiff of a court of record of this state or
by a
criminal investigator employed by the state public defender
prior
to June 6, 1986, that is to be considered equivalent to the
training described in division (A)(9)(a) of this section.
(10) Establishing minimum qualifications and requirements
for
certification for dogs utilized by law enforcement agencies;
(11) Establishing minimum requirements for certification
of
persons who are employed as correction officers in a
full-service
jail, five-day facility, or eight-hour holding
facility or who
provide correction services in such a jail or
facility;
(12) Establishing requirements for the training of agents of
a county humane society under section 1717.06 of the Revised Code,
including, without limitation, a requirement that the agents
receive instruction on traditional animal husbandry methods and
training techniques, including customary owner-performed
practices.
(B) The commission shall appoint an executive director,
with
the approval of the attorney general, who shall hold office
during
the pleasure of the commission. The executive
director shall
perform such duties assigned by the
commission. The
executive
director
shall receive a salary fixed pursuant to
Chapter 124. of
the
Revised Code and reimbursement for expenses
within the amounts
available by appropriation. The executive
director may appoint
officers, employees, agents, and consultants
as the executive
director considers
necessary, prescribe their
duties, and provide
for reimbursement
of their expenses within the
amounts available
for reimbursement
by appropriation and with the
approval of the
commission.
(C) The commission may do all of the following:
(1) Recommend studies, surveys, and reports to be made by
the
executive director regarding the carrying out of the
objectives
and purposes of sections 109.71 to 109.77 of the
Revised Code;
(2) Visit and inspect any peace officer training school
that
has been approved by the executive director or for which
application for approval has been made;
(3) Make recommendations, from time to time, to the
executive
director, the attorney general, and the general
assembly
regarding
the carrying out of the purposes of sections
109.71 to
109.77 of
the Revised Code;
(4) Report to the attorney general from time to time, and
to
the governor and the general assembly at least annually,
concerning the activities of the commission;
(5) Establish fees for the services the commission
offers
under sections 109.71 to 109.79 of the Revised Code, including,
but not limited to, fees for training, certification, and
testing;
(6) Perform such other acts as are necessary or
appropriate
to carry out the powers and duties of the
commission as
set forth
in sections 109.71 to 109.77 of the Revised Code.
(D) In establishing the requirements, under division (A)(12)
of this section, the commission may consider any portions of the
curriculum for instruction on the topic of animal husbandry
practices, if any, of the Ohio state university college of
veterinary medicine. No person or entity that fails to provide
instruction on traditional animal husbandry methods and training
techniques, including customary owner-performed practices, shall
qualify to train a humane society agent for appointment under
section 1717.06 of the Revised Code.
Sec. 317.08. (A) Except as provided in
divisions
(C) and (D)
of this
section, the county recorder shall keep
six separate
sets
of
records as follows:
(1) A record of deeds, in which shall be recorded all
deeds
and other instruments of writing for the absolute and
unconditional sale or conveyance of lands, tenements, and
hereditaments; all notices as provided in sections 5301.47 to
5301.56 of the Revised Code; all judgments or decrees in actions
brought under section 5303.01 of the Revised Code; all
declarations and bylaws, and all amendments to declarations and
bylaws, as provided in Chapter 5311. of the
Revised Code;
affidavits as provided
in sections 5301.252 and 5301.56 of
the
Revised
Code; all certificates as provided
in section
5311.17 of
the
Revised Code; all articles dedicating
archaeological preserves
accepted by the director of the Ohio
historical society under
section 149.52 of the Revised Code; all
articles dedicating nature
preserves accepted by the director of
natural resources under
section 1517.05 of the Revised Code; all
agreements for the
registration of lands as archaeological or
historic landmarks
under section 149.51 or 149.55 of the Revised
Code; all
conveyances of conservation easements and agricultural
easements
under section
5301.68 of the Revised Code; all
instruments
extinguishing agricultural
easements under section
901.21 or
5301.691 of the Revised Code or pursuant to
terms of
such an
easement granted to a charitable organization under
section
5301.68 of the Revised Code; all instruments or orders
described
in division (B)(2)(b) of section 5301.56 of the
Revised Code;
all
no further action letters issued under section
122.654 or
3746.11
of the
Revised Code;
all covenants not to sue
issued under
section
3746.12 of the
Revised Code, including all
covenants
not
to sue
issued pursuant to section 122.654 of the
Revised Code;
any
restrictions on the use of property contained in
a no further
action letter issued under section 122.654 of the
Revised Code,
any restrictions on the use of
property
identified
pursuant to
division (C)(3)(a) of section
3746.10 of the
Revised
Code, and any
restrictions on the use of property contained in a deed or other
instrument as provided in division (E) or (F) of section 3737.882
of the Revised Code; any easement executed or granted under
section 3734.22, 3734.24, 3734.25, or 3734.26 of the Revised Code;
any environmental covenant entered into in accordance with
sections 5301.80 to 5301.92 of the Revised Code; all
memoranda of
trust, as
described in division (A)
of
section
5301.255 of the
Revised
Code, that describe specific
real
property; and all
agreements
entered into under division (A)
of
section
1506.44 of
the Revised Code;
(2) A record of mortgages, in which shall be recorded all
of
the following:
(a) All mortgages, including amendments, supplements,
modifications, and extensions of mortgages, or other instruments
of writing by which lands, tenements, or hereditaments are or may
be mortgaged or otherwise conditionally sold, conveyed, affected,
or encumbered;
(b) All executory installment contracts for the sale of
land
executed after September 29, 1961, that by their terms are
not
required to be fully performed by one or more of the parties
to
them within one year of the date of the contracts;
(c) All options to purchase real estate, including
supplements, modifications, and amendments of the options, but no
option of that nature shall be recorded if it does not state a
specific day and year of expiration of its validity;
(d) Any tax certificate sold under section 5721.33 of the
Revised Code,
or memorandum
of it, that is presented for
filing
of
record.
(3) A record of powers of attorney, including all
memoranda
of trust, as described in division (A) of section
5301.255 of the
Revised Code, that do not describe specific real
property;
(4) A record of plats, in which shall be recorded all
plats
and maps of town lots, of the subdivision of town lots, and
of
other divisions or surveys of lands, any center line survey of
a
highway located within the county, the plat of which shall be
furnished by the director of transportation or county engineer,
and all drawings
and amendments to drawings, as provided in
Chapter 5311. of the Revised
Code;
(5) A record of leases, in which shall be recorded all
leases, memoranda of leases, and supplements, modifications, and
amendments of leases and memoranda of leases;
(6) A record of declarations
executed pursuant to section
2133.02 of the
Revised Code,
and durable powers of attorney for
health care executed pursuant to section
1337.12 of the Revised
Code, and proof of successful completion of training by humane
society agents as required in section 1717.06 of the Revised Code.
(B) All instruments or memoranda of instruments entitled to
record shall be recorded in the proper record in the order in
which they are presented for record. The recorder may index,
keep,
and record in one volume unemployment compensation liens,
internal
revenue tax liens and other liens in favor of the United
States as
described in division (A) of section 317.09 of the
Revised Code,
personal tax liens, mechanic's liens, agricultural
product liens,
notices of liens, certificates of satisfaction or
partial release
of estate tax liens, discharges of recognizances,
excise and
franchise tax liens on corporations, broker's liens,
and liens
provided for in sections 1513.33, 1513.37, 3752.13,
5111.022, and
5311.18
of the Revised Code.
The recording of an option to purchase real estate,
including
any supplement, modification, and amendment of the
option, under
this section shall serve as notice to any purchaser
of an interest
in the real estate covered by the option only
during the period of
the validity of the option as stated in the
option.
(C) In lieu of keeping the six separate
sets of records
required in divisions (A)(1) to
(6) of this section and the
records
required in division
(D) of this section, a county
recorder may
record all the instruments required to be recorded by
this
section
in two separate sets of record books. One set shall
be
called the
"official records" and shall contain the instruments
listed in
divisions (A)(1),
(2),
(3),
(5), and (6)
and
(D)
of
this
section. The
second set of records shall
contain the
instruments
listed in
division
(A)(4) of this
section.
(D) Except as provided in division
(C)
of this
section, the
county recorder shall keep a separate set of records
containing
all corrupt activity lien notices filed with the
recorder pursuant
to section 2923.36 of the Revised Code and a
separate set of
records containing all medicaid fraud lien
notices
filed with the
recorder pursuant to section 2933.75 of
the Revised
Code.
Sec. 959.131. (A) As used in this section:
(1) "Companion animal" means any
animal that is kept
inside
a
residential dwelling and any dog or cat regardless of where it
is
kept. "Companion animal" does not include livestock or any wild
animal.
(2) "Cruelty," "torment,"
and "torture" have the same
meanings as
in section 1717.01 of the Revised
Code.
(3) "Residential dwelling" means a structure or shelter or
the portion of a structure or shelter that is used by one or more
humans for the purpose of a habitation.
(4) "Practice of veterinary medicine" has the same meaning
as
in section
4741.01 of the Revised Code.
(5) "Wild animal" has the same meaning as in section 1531.01
of the Revised Code.
(6) "Federal animal welfare act" means the "Laboratory
Animal
Act of 1966," Pub. L. No. 89-544, 80 Stat. 350 (1966), 7
U.S.C.A.
2131 et seq., as amended by the "Animal Welfare Act of
1970," Pub.
L. No. 91-579, 84 Stat. 1560 (1970), the "Animal
Welfare Act
Amendments of 1976," Pub. L. No. 94-279, 90 Stat. 417
(1976), and
the "Food Security Act of 1985," Pub. L. No. 99-198,
99 Stat. 1354
(1985), and as it may be subsequently amended.
(B) No person shall knowingly
torture, torment, needlessly
mutilate or
maim, cruelly beat, poison, needlessly
kill, or commit
an act of
cruelty
against a companion animal.
(C) No person who
confines or who is the custodian or
caretaker of
a companion animal shall negligently do
any of the
following:
(1) Torture, torment, needlessly mutilate or maim,
cruelly
beat, poison, needlessly kill, or
commit an act of cruelty against
the companion animal;
(2) Deprive the companion animal of necessary sustenance,
confine the companion animal without supplying it during the
confinement with sufficient quantities of good, wholesome food and
water, or impound or confine the companion animal without
affording it, during the impoundment or confinement, with access
to shelter from heat, cold, wind, rain, snow, or excessive direct
sunlight, if it can reasonably be expected that the companion
animal would become sick or suffer in any other way as a result of
or due to the deprivation, confinement, or impoundment or
confinement in any of those specified manners.
(D) Divisions (B) and (C) of this section do not apply to
any
of the following:
(1) A companion animal used in scientific research conducted
by an institution in accordance with the federal animal welfare
act and related regulations;
(2) The lawful practice of veterinary medicine by a person
who has been issued a license, temporary permit, or registration
certificate to do so under Chapter 4741. of the Revised Code;
(3) Dogs being used or intended for use for hunting or field
trial purposes, provided that the dogs are being treated in
accordance with usual and commonly accepted practices for the care
of hunting dogs;
(4) The use of common training devices, if the companion
animal is being treated in accordance with usual and commonly
accepted practices for the training of animals;
(5) The administering of medicine to a companion animal that
was properly prescribed by a person who has been issued a license,
temporary permit, or registration certificate under Chapter 4741.
of the Revised Code.
(E) Notwithstanding any section of the Revised Code that
otherwise provides for the distribution of fine moneys, the clerk
of court shall forward all fines the clerk collects that are so
imposed for any
violation of this section
to the treasurer of the
political subdivision or the state, whose county humane society or
law enforcement agency is to be paid the fine money as determined
under this division. The
treasurer to whom the fines are forwarded
shall pay the fine moneys to the county humane
society or the
county, township, municipal corporation, or state law enforcement
agency in this state that primarily was responsible for or
involved in
the investigation and prosecution of
the violation.
If
a county humane society receives any fine moneys under this
division, the county
humane society shall use the fine
moneys to
provide the training
that is required for humane society agents
under
section 1717.06 of the
Revised Code.
Sec. 1717.01. As used in sections 1717.01 to 1717.14,
inclusive, of the
Revised Code, this chapter and in every law
relating to animals:
(A) "Animal" includes every living dumb creature;.
(B) "Cruelty," "torment," and "torture" include every act,
omission, or
neglect by which unnecessary or unjustifiable pain or
suffering is caused,
permitted, or allowed to continue, when there
is a reasonable remedy or
relief;.
(C) "Humane society agent" or "agent" means an individual who
is appointed by a county humane society under section 1717.06 of
the Revised Code, and approved by the applicable mayor or probate
judge under that section, for the purpose of investigating any
person who is accused of an act of cruelty to animals
regardless
of the title that is given to the individual.
(D) "Owner" and "person" include corporations. For the
purpose of this
section the knowledge and acts of the agents and
employees of a corporation, in
regard to animals transported,
owned, or employed by, or in the custody of,
such agents and
employees, are the knowledge and acts of the corporation.
Sec. 1717.04. The Ohio humane society may appoint agents,
in any county where
no active county humane society exists under
section 1717.05 of the Revised
Code, to represent it and to
receive and account for all funds coming to it
from fines or
otherwise, and may also appoint agents at large to prosecute its
work throughout the state. Such agents may arrest any person found
violating
any law for the protection of persons or animals, or the
prevention of cruelty
thereto. Upon making such arrest the agent
forthwith shall convey the person
arrested before some court or
magistrate having jurisdiction of the offense,
and there make
complaint against him the person.
Such agents shall not make such arrests within a municipal
corporation unless
their appointment has been approved by the
mayor of the municipal corporation,
or within a county beyond the
limits of a municipal corporation unless their
appointment has
been approved by the probate judge of the county. Such mayor
or
probate judge shall keep a record of such appointments.
Sec. 1717.06. A county humane society organized under
section 1717.05 of the Revised Code may appoint agents, who are
residents of the county or municipal corporation for which the
appointment is made, for the purpose of prosecuting any person
guilty of an act of cruelty to persons or animals. Such agents
may
arrest any person found violating
this chapter or any other
law
for
protecting
persons or animals or preventing acts of
cruelty
thereto. Upon
making
an arrest, the agent forthwith shall
convey
the person
arrested before some court or magistrate having
jurisdiction of
the offense, and there make complaint against
the
person on
oath or affirmation of the offense.
All appointments of agents under this section shall be
approved by the mayor of the municipal corporation for which they
are made, provided that an individual has successfully completed
the training that is required in this section and that signed
proof of successful completion is on file with the applicable
county recorder in accordance with section 317.08 of the Revised
Code. If the society exists outside a municipal corporation,
such
appointments shall be approved by the probate judge of the
county
for which they are made, provided that an individual has
successfully completed the training that is required in this
section and that signed proof of successful completion is on file
with the applicable county recorder in accordance with section
317.08 of the Revised Code.
The mayor or probate judge
shall
keep
a record of such appointments.
In order to qualify for appointment as a humane society agent
under
this section, a person first shall successfully complete a
minimum
of twenty hours of training on issues relating to the
investigation and prosecution of cruelty to and neglect of
animals. The training shall comply with rules recommended by the
peace officer training commission under section 109.73 of the
Revised Code and shall include, without limitation, instruction
regarding animal husbandry practices as described in division
(A)(12) of that section. A person who has been
appointed as a
humane society agent
under this section prior to the
effective
date of
this amendment April 9, 2003,
may continue to act as a
humane
society agent for a period
of time on and
after the
effective date of this
amendment April 9, 2003, without
completing
the
training. However,
on or before
December 31, 2004,
a person
who
has been appointed as
a humane
society agent under this
section prior to
the effective date of
this
amendment April 9,
2003, shall
successfully complete
the
training described in this
paragraph
and submit
proof of its
successful completion to the
appropriate
appointing
mayor or
probate judge who approved the
appointment in order to continue
to act as a
humane
society agent
after
December 31, 2004.
Proof of successful completion of the training that is
required in this section shall be signed by the chief executive
officer of the organization or entity that provided the training
and the mayor or probate judge who will approve the appointment.
Prior to being appointed
as a humane society agent, a person
shall file the signed proof of
successful completion of training
with the county recorder in
accordance with section 317.08 of the
Revised Code. For this recording, the county recorder shall charge
and collect the fee provided in division (A) of section 317.32 of
the Revised Code.
A person who has been appointed as a humane society agent
prior to
the effective date of this amendment shall file proof of
successful completion of training, including the required
signatures, with the county recorder not later than six months
after the effective date of this amendment. For this recording,
the county recorder shall charge and collect the fee provided in
division (A) of section 317.32 of the Revised Code. If a person
who is
serving as a humane society agent on the effective date of
this
amendment
has not filed the required proof of completion of
training with
the county recorder as required in this section,
the
person is
suspended as a humane society agent by operation
of law until
such proof
is on file with the county recorder.
An individual who suspects that a humane society agent has
not successfully completed the training that is required in this
section or that an agent's proof of successful completion of
training contains false or misleading information may file a
complaint with the mayor or probate judge who approved the
appointment. The mayor or probate judge shall investigate the
complaint. If the mayor or probate judge finds that the agent has
not successfully completed the required training or that the proof
of successful completion contains false or misleading information,
the mayor or probate judge shall rescind the approval of the
appointment and order the applicable humane society to revoke the
appointment.
An agent of a county humane society only has the specific
authority granted to the agent under this section and section
1717.08 of the Revised Code.
Sec. 1717.09. A member of the Ohio humane society or of a
county humane
society may require the sheriff of any county, the
constable of any township,
the marshal or a policeman police
officer of any municipal
corporation, or any agent of such
a
society, to arrest any person found violating the laws in relation
to
cruelty to persons or animals, and to take possession of any
animal cruelly
treated in their respective counties or municipal
corporations, and deliver
such animal to the proper officers of
the society.
Section 2. That existing sections 109.73, 317.08, 959.131,
1717.01, 1717.04, 1717.06, and 1717.09 of the
Revised Code are
hereby repealed.
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