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Sub. H. B. No. 175 As Reported by the Senate Agriculture CommitteeAs Reported by the Senate Agriculture Committee
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
Senator Schuring
A BILL
To amend sections 109.73, 317.08, 317.321, 959.131,
1711.15, 1717.01,
1717.04, 1717.06, and 1717.09
and to enact section 1717.061 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, to require the revocation of an
appointment under certain circumstances, to
provide that the sovereign immunity provided for
humane society agents under current law does not
apply under certain circumstances, to increase the
maximum portion of recording fees that may be
earmarked for county recorders' equipment funds,
and to authorize a board of county commissioners
that provides financial assistance to a county
agricultural society to provide such assistance
from the county's permanent improvement fund.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 109.73, 317.08, 317.321, 959.131,
1711.15, 1717.01,
1717.04, 1717.06, and 1717.09 be amended and
section 1717.061 of the Revised Code be enacted 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 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;
crisis intervention training; and 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 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, crisis intervention training, and 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. 317.321. (A) Not later than the first day of October of
any year, the county recorder may submit to the board of county
commissioners a proposal for the acquisition or maintenance of
micrographic or other equipment or for contract services. The
proposal shall be in writing and shall include at least the
following:
(1) A request that an amount not to exceed four seven dollars
of the fee collected for filing or recording a document for which
a fee is charged as required by division (A) of section 317.32 of
the Revised Code or by section 1309.525 or 5310.15 of the Revised
Code be placed in the county treasury and designated as "general
fund moneys to supplement the equipment needs of the county
recorder";
(2) The number of years, not to exceed five, for which the
county recorder requests that the amount requested under division
(A)(1) of this section be given the designation specified in that
division;
(3) An estimate of the total amount of fees that will be
generated for filing or recording a document for which a fee is
charged as required by division (A) of section 317.32 of the
Revised Code or by section 1309.525 or 5310.15 of the Revised
Code;
(4) An estimate of the total amount of fees for filing or
recording a document for which a fee is charged as required by
division (A) of section 317.32 of the Revised Code or by section
1309.525 or 5310.15 of the Revised Code that will be designated as
"general fund moneys to supplement the equipment needs of the
county recorder" if the request submitted under division (A)(1) of
this section is approved by the board of county commissioners.
The proposal may include a description or summary of the
micrographic or other equipment, or maintenance thereof, that the
county recorder proposes to acquire, or the nature of contract
services that the county recorder proposes to utilize. If the
county recorder has no immediate plans for the acquisition of
equipment or services, the proposal shall explain the general
needs of the office for equipment and shall state that the intent
of the proposal is to reserve funds for the office's future
equipment needs.
(B) The board of county commissioners shall receive the
proposal and the clerk shall enter it on the journal. At the same
time, the board shall establish a date, not sooner than fifteen
nor later than thirty days after the board's receipt of the
proposal, on which to meet with the recorder to review the
proposal.
(C) Not later than the fifteenth day of December of any year
in which a proposal is submitted under division (A) of this
section, the board of county commissioners shall approve, reject,
or modify the proposal and notify the county recorder of its
action on the proposal. If the board rejects or modifies the
proposal, it shall make a written finding that the request is for
a purpose other than for acquiring, leasing, or otherwise
obtaining micrographic or other equipment or contracts for use by
the county recorder or that the amount requested is excessive as
determined by the board. If the board approves the proposal, it
shall request the establishment of a special fund under section
5705.12 of the Revised Code for any fees designated as "general
fund moneys to supplement the equipment needs of the county
recorder."
(D) The acquisition or maintenance of micrographic or other
equipment and the acquisition of contract services shall be
specifically governed by sections 307.80 to 307.806, 307.84 to
307.846, 307.86 to 307.92, and 5705.38, and by division (D) of
section 5705.41 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. 1711.15. In any county in which there is a duly
organized county agricultural society, the board of county
commissioners or the county agricultural society itself may
purchase or lease, for a term of not less than twenty years, real
estate on which to hold fairs under the management and control of
the county agricultural society, and may erect suitable buildings
on the real estate and otherwise improve it.
In counties in which there is a county agricultural society
that has purchased, or leased, for a term of not less than twenty
years, real estate as a site on which to hold fairs or in which
the title to the site is vested in fee in the county, the board of
county commissioners may erect or repair buildings or otherwise
improve the site and pay the rental of it, or contribute to or pay
any other form of indebtedness of the society, if the director of
agriculture has certified to the board that the county
agricultural society is complying with all laws and rules
governing the operation of county agricultural societies. The
board may appropriate from the county's general fund or permanent
improvement fund any amount that it considers necessary for any of
those purposes.
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. 1717.061. (A) Except as provided in division (B) of this
section, the immunity provided under section 2744.03 of the
Revised Code does not apply to a humane society agent who
investigates an act of cruelty to an animal if either of the
following applies:
(1) The agent has not successfully completed the training
that is required in section 1717.06 of the Revised Code and has
not filed with the applicable county recorder signed proof of
successful completion of the training in accordance with section
317.08 of the Revised Code.
(2) The agent has not been trained in and is not
knowledgeable about the proper care of the species of animal that
is the subject of the investigation.
(B) Division (A)(1) of this section does not apply to a
person who has been appointed as a humane society agent prior to
the effective date of this section until six months after the
effective date of this section.
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, 317.321,
959.131, 1711.15,
1717.01, 1717.04, 1717.06, and 1717.09 of the
Revised Code are
hereby repealed.
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