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Am. H. B. No. 57 As Passed by the HouseAs Passed by the House
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsors:
Representatives Fedor, Strahorn, Mallory, Phillips, Hagan, R., Cera, Lundy, Letson, Clyde, Brown, Anielski, Antonio, Baker, Barborak, Beck, Blair, Blessing, Boose, Budish, Carney, Celebrezze, Driehaus, Foley, Grossman, Hackett, Heard, Hottinger, Huffman, Johnson, Milkovich, O'Brien, Patmon, Patterson, Ramos, Rogers, Ruhl, Sheehy, Stebelton, Stinziano, Winburn Speaker Batchelder
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 an individual 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 or
suspension 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 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 training
in handling violations of section 2905.32 of the Revised Code; 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 training in handling violations of section 2905.32 of
the Revised Code, 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 in handling violations of section 2905.32 of
the Revised Code, 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 and the standards of care of livestock adopted
by the Ohio livestock care standards board. 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
seven 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;
(7) Proof of successful completion of training by humane
society agents and notices of revocation of agents' appointments
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 seven separate sets of records
required in divisions (A)(1) to
(6)(7) 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),
(6), and (6)(7) 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
complies with, and is appointed by a county humane society under,
section 1717.06 of the Revised Code 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 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 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 The mayor
or probate judge shall keep a record of such appointments.
Sec. 1717.06. (A)(1) 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.
(2) All appointments of agents under this section shall be
approved by the mayor of the municipal corporation for which they
are made. 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. The mayor or probate judge shall
keep a record of such appointments approvals.
(B) In order to qualify for appointment as a humane society
agent under this section, a person first shall successfully an
individual shall do all of the following:
(1) 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 Proof of successful completion of training shall be signed
by the chief executive officer of the organization or entity that
provided the training and by the chief officer of the county
humane society appointing the agent. An individual 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 an individual 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
division 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.
(2) Present proof of successful completion of training that
is signed as required by division (B)(1) of this section to the
appropriate mayor or probate judge for approval. Proof of
successful completion of training shall be signed by the
appropriate mayor or probate judge before the proof is filed under
division (B)(3) of this section.
(3) File proof of successful completion of training that is
signed as required by divisions (B)(1) and (2) of this section
with the county recorder in accordance with section 317.08 of the
Revised Code.
An appointment is not final until the day on which proof of
successful completion of training is filed with the county
recorder under this division. The fee charged by the county
recorder for filing proof of successful completion of training
shall be paid by the county humane society appointing the agent.
(C) An individual who is serving as a humane society agent on
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. If that individual has
not filed the required proof of successful completion of training
with the county recorder as required in this section, the
individual is suspended as a humane society agent by operation of
law until such proof is on file with the county recorder.
(D) 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. The applicable county humane society shall file
written notice with the county recorder of the revocation under
this division of a humane society agent's appointment. Revocation
of the appointment shall be duly noted and recorded in the records
kept under section 317.08 of the Revised Code, and the county
humane society shall pay the fee for that filing.
(E) 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 the 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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