Bill Text: OH HB57 | 2013-2014 | 130th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: 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.

Spectrum: Slight Partisan Bill (Democrat 28-14)

Status: (Engrossed - Dead) 2013-06-27 - To Agriculture [HB57 Detail]

Download: Ohio-2013-HB57-Introduced.html

---

As Introduced

130th General Assembly Regular Session 2013-2014

H. B. No. 57

Representative Gerberry 

Cosponsors: Representatives Fedor, Strahorn, Mallory, Phillips, Hagan, R., Cera, Lundy, Letson 

---

A BILL

To amend sections 109.73, 317.08, 959.131, 1717.01,

1

1717.04, 1717.06, and 1717.09 of the Revised Code

2

to require an individual to file proof of

3

successful completion of training with the county

4

recorder prior to being appointed as a humane

5

society agent and to require the revocation or

6

suspension of an appointment under certain

7

circumstances.

8

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

Section 1. That sections 109.73, 317.08, 959.131, 1717.01,	9
1717.04, 1717.06, and 1717.09 of the Revised Code be amended to	10
read as follows:	11

Sec. 109.73.  (A) The Ohio peace officer training commission	12
shall recommend rules to the attorney general with respect to all	13
of the following:	14

(1) The approval, or revocation of approval, of peace officer	15
training schools administered by the state, counties, municipal	16
corporations, public school districts, technical college	17
districts, and the department of natural resources;	18

(2) Minimum courses of study, attendance requirements, and	19
equipment and facilities to be required at approved state, county,	20
municipal, and department of natural resources peace officer	21
training schools;	22

(3) Minimum qualifications for instructors at approved state,	23
county, municipal, and department of natural resources peace	24
officer training schools;	25

(4) The requirements of minimum basic training that peace	26
officers appointed to probationary terms shall complete before	27
being eligible for permanent appointment, which requirements shall	28
include training in the handling of the offense of domestic	29
violence, other types of domestic violence-related offenses and	30
incidents, and protection orders and consent agreements issued or	31
approved under section 2919.26 or 3113.31 of the Revised Code;	32
crisis intervention training; and training in the handling of	33
missing children and child abuse and neglect cases; and training	34
in handling violations of section 2905.32 of the Revised Code; and	35
the time within which such basic training shall be completed	36
following appointment to a probationary term;	37

(5) The requirements of minimum basic training that peace	38
officers not appointed for probationary terms but appointed on	39
other than a permanent basis shall complete in order to be	40
eligible for continued employment or permanent appointment, which	41
requirements shall include training in the handling of the offense	42
of domestic violence, other types of domestic violence-related	43
offenses and incidents, and protection orders and consent	44
agreements issued or approved under section 2919.26 or 3113.31 of	45
the Revised Code, crisis intervention training, and training in	46
the handling of missing children and child abuse and neglect	47
cases, and training in handling violations of section 2905.32 of	48
the Revised Code, and the time within which such basic training	49
shall be completed following appointment on other than a permanent	50
basis;	51

(6) Categories or classifications of advanced in-service	52
training programs for peace officers, including programs in the	53
handling of the offense of domestic violence, other types of	54
domestic violence-related offenses and incidents, and protection	55
orders and consent agreements issued or approved under section	56
2919.26 or 3113.31 of the Revised Code, in crisis intervention,	57
and in the handling of missing children and child abuse and	58
neglect cases, and in handling violations of section 2905.32 of	59
the Revised Code, and minimum courses of study and attendance	60
requirements with respect to such categories or classifications;	61

(7) Permitting persons, who are employed as members of a	62
campus police department appointed under section 1713.50 of the	63
Revised Code; who are employed as police officers by a qualified	64
nonprofit corporation police department pursuant to section	65
1702.80 of the Revised Code; who are appointed and commissioned as	66
bank, savings and loan association, savings bank, credit union, or	67
association of banks, savings and loan associations, savings	68
banks, or credit unions police officers, as railroad police	69
officers, or as hospital police officers pursuant to sections	70
4973.17 to 4973.22 of the Revised Code; or who are appointed and	71
commissioned as amusement park police officers pursuant to section	72
4973.17 of the Revised Code, to attend approved peace officer	73
training schools, including the Ohio peace officer training	74
academy, and to receive certificates of satisfactory completion of	75
basic training programs, if the private college or university that	76
established the campus police department; qualified nonprofit	77
corporation police department; bank, savings and loan association,	78
savings bank, credit union, or association of banks, savings and	79
loan associations, savings banks, or credit unions; railroad	80
company; hospital; or amusement park sponsoring the police	81
officers pays the entire cost of the training and certification	82
and if trainee vacancies are available;	83

(8) Permitting undercover drug agents to attend approved	84
peace officer training schools, other than the Ohio peace officer	85
training academy, and to receive certificates of satisfactory	86
completion of basic training programs, if, for each undercover	87
drug agent, the county, township, or municipal corporation that	88
employs that undercover drug agent pays the entire cost of the	89
training and certification;	90

(9)(a) The requirements for basic training programs for	91
bailiffs and deputy bailiffs of courts of record of this state and	92
for criminal investigators employed by the state public defender	93
that those persons shall complete before they may carry a firearm	94
while on duty;	95

(b) The requirements for any training received by a bailiff	96
or deputy bailiff of a court of record of this state or by a	97
criminal investigator employed by the state public defender prior	98
to June 6, 1986, that is to be considered equivalent to the	99
training described in division (A)(9)(a) of this section.	100

(10) Establishing minimum qualifications and requirements for	101
certification for dogs utilized by law enforcement agencies;	102

(11) Establishing minimum requirements for certification of	103
persons who are employed as correction officers in a full-service	104
jail, five-day facility, or eight-hour holding facility or who	105
provide correction services in such a jail or facility;	106

(12) Establishing requirements for the training of agents of	107
a county humane society under section 1717.06 of the Revised Code,	108
including, without limitation, a requirement that the agents	109
receive instruction on traditional animal husbandry methods and	110
training techniques, including customary owner-performed	111
practices.	112

(B) The commission shall appoint an executive director, with	113
the approval of the attorney general, who shall hold office during	114
the pleasure of the commission. The executive director shall	115
perform such duties assigned by the commission. The executive	116
director shall receive a salary fixed pursuant to Chapter 124. of	117
the Revised Code and reimbursement for expenses within the amounts	118
available by appropriation. The executive director may appoint	119
officers, employees, agents, and consultants as the executive	120
director considers necessary, prescribe their duties, and provide	121
for reimbursement of their expenses within the amounts available	122
for reimbursement by appropriation and with the approval of the	123
commission.	124

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

125

(1) Recommend studies, surveys, and reports to be made by the	126
executive director regarding the carrying out of the objectives	127
and purposes of sections 109.71 to 109.77 of the Revised Code;	128

(2) Visit and inspect any peace officer training school that	129
has been approved by the executive director or for which	130
application for approval has been made;	131

(3) Make recommendations, from time to time, to the executive	132
director, the attorney general, and the general assembly regarding	133
the carrying out of the purposes of sections 109.71 to 109.77 of	134
the Revised Code;	135

(4) Report to the attorney general from time to time, and to	136
the governor and the general assembly at least annually,	137
concerning the activities of the commission;	138

(5) Establish fees for the services the commission offers	139
under sections 109.71 to 109.79 of the Revised Code, including,	140
but not limited to, fees for training, certification, and testing;	141

(6) Perform such other acts as are necessary or appropriate	142
to carry out the powers and duties of the commission as set forth	143
in sections 109.71 to 109.77 of the Revised Code.	144

(D) In establishing the requirements, under division (A)(12)	145
of this section, the commission may consider any portions of the	146
curriculum for instruction on the topic of animal husbandry	147
practices, if any, of the Ohio state university college of	148
veterinary medicine and the standards of care of livestock adopted	149
by the Ohio livestock care standards board. No person or entity	150
that fails to provide instruction on traditional animal husbandry	151
methods and training techniques, including customary	152
owner-performed practices, shall qualify to train a humane society	153
agent for appointment under section 1717.06 of the Revised Code.	154

Sec. 317.08. (A) Except as provided in divisions (C) and (D)	155
of this section, the county recorder shall keep sixseven separate	156
sets of records as follows:	157

(1) A record of deeds, in which shall be recorded all deeds	158
and other instruments of writing for the absolute and	159
unconditional sale or conveyance of lands, tenements, and	160
hereditaments; all notices as provided in sections 5301.47 to	161
5301.56 of the Revised Code; all judgments or decrees in actions	162
brought under section 5303.01 of the Revised Code; all	163
declarations and bylaws, and all amendments to declarations and	164
bylaws, as provided in Chapter 5311. of the Revised Code;	165
affidavits as provided in sections 5301.252 and 5301.56 of the	166
Revised Code; all certificates as provided in section 5311.17 of	167
the Revised Code; all articles dedicating archaeological preserves	168
accepted by the director of the Ohio historical society under	169
section 149.52 of the Revised Code; all articles dedicating nature	170
preserves accepted by the director of natural resources under	171
section 1517.05 of the Revised Code; all agreements for the	172
registration of lands as archaeological or historic landmarks	173
under section 149.51 or 149.55 of the Revised Code; all	174
conveyances of conservation easements and agricultural easements	175
under section 5301.68 of the Revised Code; all instruments	176
extinguishing agricultural easements under section 901.21 or	177
5301.691 of the Revised Code or pursuant to terms of such an	178
easement granted to a charitable organization under section	179
5301.68 of the Revised Code; all instruments or orders described	180
in division (B)(2)(b) of section 5301.56 of the Revised Code; all	181
no further action letters issued under section 122.654 or 3746.11	182
of the Revised Code; all covenants not to sue issued under section	183
3746.12 of the Revised Code, including all covenants not to sue	184
issued pursuant to section 122.654 of the Revised Code; any	185
restrictions on the use of property contained in a no further	186
action letter issued under section 122.654 of the Revised Code,	187
any restrictions on the use of property identified pursuant to	188
division (C)(3)(a) of section 3746.10 of the Revised Code, and any	189
restrictions on the use of property contained in a deed or other	190
instrument as provided in division (E) or (F) of section 3737.882	191
of the Revised Code; any easement executed or granted under	192
section 3734.22, 3734.24, 3734.25, or 3734.26 of the Revised Code;	193
any environmental covenant entered into in accordance with	194
sections 5301.80 to 5301.92 of the Revised Code; all memoranda of	195
trust, as described in division (A) of section 5301.255 of the	196
Revised Code, that describe specific real property; and all	197
agreements entered into under division (A) of section 1506.44 of	198
the Revised Code;	199

(2) A record of mortgages, in which shall be recorded all of	200
the following:	201

(a) All mortgages, including amendments, supplements,	202
modifications, and extensions of mortgages, or other instruments	203
of writing by which lands, tenements, or hereditaments are or may	204
be mortgaged or otherwise conditionally sold, conveyed, affected,	205
or encumbered;	206

(b) All executory installment contracts for the sale of land	207
executed after September 29, 1961, that by their terms are not	208
required to be fully performed by one or more of the parties to	209
them within one year of the date of the contracts;	210

(c) All options to purchase real estate, including	211
supplements, modifications, and amendments of the options, but no	212
option of that nature shall be recorded if it does not state a	213
specific day and year of expiration of its validity;	214

(d) Any tax certificate sold under section 5721.33 of the	215
Revised Code, or memorandum of it, that is presented for filing of	216
record.	217

(3) A record of powers of attorney, including all memoranda	218
of trust, as described in division (A) of section 5301.255 of the	219
Revised Code, that do not describe specific real property;	220

(4) A record of plats, in which shall be recorded all plats	221
and maps of town lots, of the subdivision of town lots, and of	222
other divisions or surveys of lands, any center line survey of a	223
highway located within the county, the plat of which shall be	224
furnished by the director of transportation or county engineer,	225
and all drawings and amendments to drawings, as provided in	226
Chapter 5311. of the Revised Code;	227

(5) A record of leases, in which shall be recorded all	228
leases, memoranda of leases, and supplements, modifications, and	229
amendments of leases and memoranda of leases;	230

(6) A record of declarations executed pursuant to section	231
2133.02 of the Revised Code and durable powers of attorney for	232
health care executed pursuant to section 1337.12 of the Revised	233
Code;	234

(7) Proof of successful completion of training by humane	235
society agents as required in section 1717.06 of the Revised Code.	236

(B) All instruments or memoranda of instruments entitled to	237
record shall be recorded in the proper record in the order in	238
which they are presented for record. The recorder may index, keep,	239
and record in one volume unemployment compensation liens, internal	240
revenue tax liens and other liens in favor of the United States as	241
described in division (A) of section 317.09 of the Revised Code,	242
personal tax liens, mechanic's liens, agricultural product liens,	243
notices of liens, certificates of satisfaction or partial release	244
of estate tax liens, discharges of recognizances, excise and	245
franchise tax liens on corporations, broker's liens, and liens	246
provided for in sections 1513.33, 1513.37, 3752.13, 5111.022, and	247
5311.18 of the Revised Code.	248

The recording of an option to purchase real estate, including	249
any supplement, modification, and amendment of the option, under	250
this section shall serve as notice to any purchaser of an interest	251
in the real estate covered by the option only during the period of	252
the validity of the option as stated in the option.	253

(C) In lieu of keeping the sixseven separate sets of records	254
required in divisions (A)(1) to (6)(7) of this section and the	255
records required in division (D) of this section, a county	256
recorder may record all the instruments required to be recorded by	257
this section in two separate sets of record books. One set shall	258
be called the "official records" and shall contain the instruments	259
listed in divisions (A)(1), (2), (3), (5), (6), and (6)(7) and (D)	260
of this section. The second set of records shall contain the	261
instruments listed in division (A)(4) of this section.	262

(D) Except as provided in division (C) of this section, the	263
county recorder shall keep a separate set of records containing	264
all corrupt activity lien notices filed with the recorder pursuant	265
to section 2923.36 of the Revised Code and a separate set of	266
records containing all medicaid fraud lien notices filed with the	267
recorder pursuant to section 2933.75 of the Revised Code.	268

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

269

(1) "Companion animal" means any animal that is kept inside a	270
residential dwelling and any dog or cat regardless of where it is	271
kept. "Companion animal" does not include livestock or any wild	272
animal.	273

(2) "Cruelty," "torment," and "torture" have the same	274
meanings as in section 1717.01 of the Revised Code.	275

(3) "Residential dwelling" means a structure or shelter or	276
the portion of a structure or shelter that is used by one or more	277
humans for the purpose of a habitation.	278

(4) "Practice of veterinary medicine" has the same meaning as	279
in section 4741.01 of the Revised Code.	280

(5) "Wild animal" has the same meaning as in section 1531.01	281
of the Revised Code.	282

(6) "Federal animal welfare act" means the "Laboratory Animal	283
Act of 1966," Pub. L. No. 89-544, 80 Stat. 350 (1966), 7 U.S.C.A.	284
2131 et seq., as amended by the "Animal Welfare Act of 1970," Pub.	285
L. No. 91-579, 84 Stat. 1560 (1970), the "Animal Welfare Act	286
Amendments of 1976," Pub. L. No. 94-279, 90 Stat. 417 (1976), and	287
the "Food Security Act of 1985," Pub. L. No. 99-198, 99 Stat. 1354	288
(1985), and as it may be subsequently amended.	289

(B) No person shall knowingly torture, torment, needlessly	290
mutilate or maim, cruelly beat, poison, needlessly kill, or commit	291
an act of cruelty against a companion animal.	292

(C) No person who confines or who is the custodian or	293
caretaker of a companion animal shall negligently do any of the	294
following:	295

(1) Torture, torment, needlessly mutilate or maim, cruelly	296
beat, poison, needlessly kill, or commit an act of cruelty against	297
the companion animal;	298

(2) Deprive the companion animal of necessary sustenance,	299
confine the companion animal without supplying it during the	300
confinement with sufficient quantities of good, wholesome food and	301
water, or impound or confine the companion animal without	302
affording it, during the impoundment or confinement, with access	303
to shelter from heat, cold, wind, rain, snow, or excessive direct	304
sunlight, if it can reasonably be expected that the companion	305
animal would become sick or suffer in any other way as a result of	306
or due to the deprivation, confinement, or impoundment or	307
confinement in any of those specified manners.	308

(D) Divisions (B) and (C) of this section do not apply to any	309
of the following:	310

(1) A companion animal used in scientific research conducted	311
by an institution in accordance with the federal animal welfare	312
act and related regulations;	313

(2) The lawful practice of veterinary medicine by a person	314
who has been issued a license, temporary permit, or registration	315
certificate to do so under Chapter 4741. of the Revised Code;	316

(3) Dogs being used or intended for use for hunting or field	317
trial purposes, provided that the dogs are being treated in	318
accordance with usual and commonly accepted practices for the care	319
of hunting dogs;	320

(4) The use of common training devices, if the companion	321
animal is being treated in accordance with usual and commonly	322
accepted practices for the training of animals;	323

(5) The administering of medicine to a companion animal that	324
was properly prescribed by a person who has been issued a license,	325
temporary permit, or registration certificate under Chapter 4741.	326
of the Revised Code.	327

(E) Notwithstanding any section of the Revised Code that	328
otherwise provides for the distribution of fine moneys, the clerk	329
of court shall forward all fines the clerk collects that are so	330
imposed for any violation of this section to the treasurer of the	331
political subdivision or the state, whose county humane society or	332
law enforcement agency is to be paid the fine money as determined	333
under this division. The treasurer to whom the fines are forwarded	334
shall pay the fine moneys to the county humane society or the	335
county, township, municipal corporation, or state law enforcement	336
agency in this state that primarily was responsible for or	337
involved in the investigation and prosecution of the violation. If	338
a county humane society receives any fine moneys under this	339
division, the county humane society shall use the fine moneys to	340
provide the training that is required for humane society agents	341
under section 1717.06 of the Revised Code.	342

Sec. 1717.01.  As used in sections 1717.01 to 1717.14,	343
inclusive, of the Revised Code,this chapter and in every law	344
relating to animals:	345

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

346

(B) "Cruelty," "torment," and "torture" include every act,	347
omission, or neglect by which unnecessary or unjustifiable pain or	348
suffering is caused, permitted, or allowed to continue, when there	349
is a reasonable remedy or relief;.	350

(C) "Humane society agent" or "agent" means an individual who	351
complies with, and is appointed by a county humane society under,	352
section 1717.06 of the Revised Code for the purpose of	353
investigating any person who is accused of an act of cruelty to	354
animals regardless of the title that is given to the individual.	355

(D) "Owner" and "person" include corporations. For the	356
purpose of this section the knowledge and acts of the agents and	357
employees of a corporation, in regard to animals transported,	358
owned, or employed by, or in the custody of, such agents and	359
employees, are the knowledge and acts of the corporation.	360

Sec. 1717.04.  The Ohio humane society may appoint agents, in	361
any county where no active county humane society exists under	362
section 1717.05 of the Revised Code, to represent it and to	363
receive and account for all funds coming to it from fines or	364
otherwise, and may also appoint agents at large to prosecute its	365
work throughout the state. Such agents may arrest any person found	366
violating any law for the protection of persons or animals, or the	367
prevention of cruelty thereto. Upon making suchan arrest, the	368
agent forthwith shall convey the person arrested before some court	369
or magistrate having jurisdiction of the offense, and there make	370
complaint against himthe person.	371

Such agents shall not make such arrests within a municipal	372
corporation unless their appointment has been approved by the	373
mayor of the municipal corporation, or within a county beyond the	374
limits of a municipal corporation unless their appointment has	375
been approved by the probate judge of the county. SuchThe mayor	376
or probate judge shall keep a record of such appointments.	377

Sec. 1717.06. (A)(1) A county humane society organized under	378
section 1717.05 of the Revised Code may appoint agents, who are	379
residents of the county or municipal corporation for which the	380
appointment is made, for the purpose of prosecuting any person	381
guilty of an act of cruelty to persons or animals. Such agents may	382
arrest any person found violating this chapter or any other law	383
for protecting persons or animals or preventing acts of cruelty	384
thereto. Upon making an arrest, the agent forthwith shall convey	385
the person arrested before some court or magistrate having	386
jurisdiction of the offense, and there make complaint against the	387
person on oath or affirmation of the offense.	388

(2) All appointments of agents under this section shall be	389
approved by the mayor of the municipal corporation for which they	390
are made. If the society exists outside a municipal corporation,	391
such appointments shall be approved by the probate judge of the	392
county for which they are made. The mayor or probate judge shall	393
keep a record of such appointmentsapprovals.	394

(B) In order to qualify for appointment as a humane society	395
agent under this section, a person first shall successfullyan	396
individual shall do all of the following:	397

(1) Successfully complete a minimum of twenty hours of	398
training on issues relating to the investigation and prosecution	399
of cruelty to and neglect of animals. The training shall comply	400
with rules recommended by the peace officer training commission	401
under section 109.73 of the Revised Code and shall include,	402
without limitation, instruction regarding animal husbandry	403
practices as described in division (A)(12) of that section. A	404
personProof of successful completion of training shall be signed	405
by the chief executive officer of the organization or entity that	406
provided the training and by the chief officer of the county	407
humane society appointing the agent. An individual who has been	408
appointed as a humane society agent under this section prior to	409
the effective date of this amendmentApril 9, 2003, may continue	410
to act as a humane society agent for a period of time on and after	411
the effective date of this amendmentApril 9, 2003, without	412
completing the training. However, on or before December 31, 2004,	413
a personan individual who has been appointed as a humane society	414
agent under this section prior to the effective date of this	415
amendmentApril 9, 2003, shall successfully complete the training	416
described in this paragraphdivision and submit proof of its	417
successful completion to the appropriate appointing mayor or	418
probate judge who approved the appointment in order to continue to	419
act as a humane society agent after December 31, 2004.	420

(2) Present proof of successful completion of training that	421
is signed as required by division (B)(1) of this section to the	422
appropriate mayor or probate judge for approval. Proof of	423
successful completion of training shall be signed by the	424
appropriate mayor or probate judge before the proof is filed under	425
division (B)(3) of this section.	426

(3) File proof of successful completion of training that is	427
signed as required by divisions (B)(1) and (2) of this section	428
with the county recorder in accordance with section 317.08 of the	429
Revised Code.	430

An appointment is not final until the day on which proof of	431
successful completion of training is filed with the county	432
recorder under this division. The fee charged by the county	433
recorder for filing proof of successful completion of training	434
shall be paid by the county humane society appointing the agent.	435

(C) An individual who is serving as a humane society agent on	436
the effective date of this amendment shall file proof of	437
successful completion of training, including the required	438
signatures, with the county recorder not later than six months	439
after the effective date of this amendment. If that individual has	440
not filed the required proof of successful completion of training	441
with the county recorder as required in this section, the	442
individual is suspended as a humane society agent by operation of	443
law until such proof is on file with the county recorder.	444

(D) An individual who suspects that a humane society agent	445
has not successfully completed the training that is required in	446
this section or that an agent's proof of successful completion of	447
training contains false or misleading information may file a	448
complaint with the mayor or probate judge who approved the	449
appointment. The mayor or probate judge shall investigate the	450
complaint. If the mayor or probate judge finds that the agent has	451
not successfully completed the required training or that the proof	452
of successful completion contains false or misleading information,	453
the mayor or probate judge shall rescind the approval of the	454
appointment and order the applicable humane society to revoke the	455
appointment. The applicable county humane society shall file	456
written notice with the county recorder of the revocation under	457
this division of a humane society agent's appointment. Revocation	458
of the appointment shall be duly noted and recorded in the records	459
kept under section 317.08 of the Revised Code, and the county	460
humane society shall pay the fee for that filing.	461

(E) An agent of a county humane society only has the specific	462
authority granted to the agent under this section and section	463
1717.08 of the Revised Code.	464

Sec. 1717.09.  A member of the Ohio humane society or of a	465
county humane society may require the sheriff of any county, the	466
constable of any township, the marshal or a policemanpolice	467
officer of any municipal corporation, or any agent of such a	468
society, to arrest any person found violating the laws in relation	469
to cruelty to persons or animals, and to take possession of any	470
animal cruelly treated in their respective counties or municipal	471
corporations, and deliver suchthe animal to the proper officers	472
of the society.	473

Section 2. That existing sections 109.73, 317.08, 959.131,	474
1717.01, 1717.04, 1717.06, and 1717.09 of the Revised Code are	475
hereby repealed.	476