As Passed by the House

130th General Assembly

Regular Session

2013-2014

Am. H. B. No. 57

Representative Gerberry

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,	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

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 ~~six~~seven 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 and notices of revocation of agents' appointments	236
as required in section 1717.06 of the Revised Code.	237

(B) All instruments or memoranda of instruments entitled to	238
record shall be recorded in the proper record in the order in	239
which they are presented for record. The recorder may index, keep,	240
and record in one volume unemployment compensation liens, internal	241
revenue tax liens and other liens in favor of the United States as	242
described in division (A) of section 317.09 of the Revised Code,	243
personal tax liens, mechanic's liens, agricultural product liens,	244
notices of liens, certificates of satisfaction or partial release	245
of estate tax liens, discharges of recognizances, excise and	246
franchise tax liens on corporations, broker's liens, and liens	247
provided for in sections 1513.33, 1513.37, 3752.13, 5111.022, and	248
5311.18 of the Revised Code.	249

The recording of an option to purchase real estate, including	250
any supplement, modification, and amendment of the option, under	251
this section shall serve as notice to any purchaser of an interest	252
in the real estate covered by the option only during the period of	253
the validity of the option as stated in the option.	254

(C) In lieu of keeping the ~~six~~seven separate sets of records	255
required in divisions (A)(1) to ~~(6)~~(7) of this section and the	256
records required in division (D) of this section, a county	257
recorder may record all the instruments required to be recorded by	258
this section in two separate sets of record books. One set shall	259
be called the "official records" and shall contain the instruments	260
listed in divisions (A)(1), (2), (3), (5), (6), and ~~(6)~~(7) and (D)	261
of this section. The second set of records shall contain the	262
instruments listed in division (A)(4) of this section.	263

(D) Except as provided in division (C) of this section, the	264
county recorder shall keep a separate set of records containing	265
all corrupt activity lien notices filed with the recorder pursuant	266
to section 2923.36 of the Revised Code and a separate set of	267
records containing all medicaid fraud lien notices filed with the	268
recorder pursuant to section 2933.75 of the Revised Code.	269

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

270

(1) "Companion animal" means any animal that is kept inside a	271
residential dwelling and any dog or cat regardless of where it is	272
kept. "Companion animal" does not include livestock or any wild	273
animal.	274

(2) "Cruelty," "torment," and "torture" have the same	275
meanings as in section 1717.01 of the Revised Code.	276

(3) "Residential dwelling" means a structure or shelter or	277
the portion of a structure or shelter that is used by one or more	278
humans for the purpose of a habitation.	279

(4) "Practice of veterinary medicine" has the same meaning as	280
in section 4741.01 of the Revised Code.	281

(5) "Wild animal" has the same meaning as in section 1531.01	282
of the Revised Code.	283

(6) "Federal animal welfare act" means the "Laboratory Animal	284
Act of 1966," Pub. L. No. 89-544, 80 Stat. 350 (1966), 7 U.S.C.A.	285
2131 et seq., as amended by the "Animal Welfare Act of 1970," Pub.	286
L. No. 91-579, 84 Stat. 1560 (1970), the "Animal Welfare Act	287
Amendments of 1976," Pub. L. No. 94-279, 90 Stat. 417 (1976), and	288
the "Food Security Act of 1985," Pub. L. No. 99-198, 99 Stat. 1354	289
(1985), and as it may be subsequently amended.	290

(B) No person shall knowingly torture, torment, needlessly	291
mutilate or maim, cruelly beat, poison, needlessly kill, or commit	292
an act of cruelty against a companion animal.	293

(C) No person who confines or who is the custodian or	294
caretaker of a companion animal shall negligently do any of the	295
following:	296

(1) Torture, torment, needlessly mutilate or maim, cruelly	297
beat, poison, needlessly kill, or commit an act of cruelty against	298
the companion animal;	299

(2) Deprive the companion animal of necessary sustenance,	300
confine the companion animal without supplying it during the	301
confinement with sufficient quantities of good, wholesome food and	302
water, or impound or confine the companion animal without	303
affording it, during the impoundment or confinement, with access	304
to shelter from heat, cold, wind, rain, snow, or excessive direct	305
sunlight, if it can reasonably be expected that the companion	306
animal would become sick or suffer in any other way as a result of	307
or due to the deprivation, confinement, or impoundment or	308
confinement in any of those specified manners.	309

(D) Divisions (B) and (C) of this section do not apply to any	310
of the following:	311

(1) A companion animal used in scientific research conducted	312
by an institution in accordance with the federal animal welfare	313
act and related regulations;	314

(2) The lawful practice of veterinary medicine by a person	315
who has been issued a license, temporary permit, or registration	316
certificate to do so under Chapter 4741. of the Revised Code;	317

(3) Dogs being used or intended for use for hunting or field	318
trial purposes, provided that the dogs are being treated in	319
accordance with usual and commonly accepted practices for the care	320
of hunting dogs;	321

(4) The use of common training devices, if the companion	322
animal is being treated in accordance with usual and commonly	323
accepted practices for the training of animals;	324

(5) The administering of medicine to a companion animal that	325
was properly prescribed by a person who has been issued a license,	326
temporary permit, or registration certificate under Chapter 4741.	327
of the Revised Code.	328

(E) Notwithstanding any section of the Revised Code that	329
otherwise provides for the distribution of fine moneys, the clerk	330
of court shall forward all fines the clerk collects that are so	331
imposed for any violation of this section to the treasurer of the	332
political subdivision or the state, whose county humane society or	333
law enforcement agency is to be paid the fine money as determined	334
under this division. The treasurer to whom the fines are forwarded	335
shall pay the fine moneys to the county humane society or the	336
county, township, municipal corporation, or state law enforcement	337
agency in this state that primarily was responsible for or	338
involved in the investigation and prosecution of the violation. If	339
a county humane society receives any fine moneys under this	340
division, the county humane society shall use the fine moneys to	341
provide the training that is required for humane society agents	342
under section 1717.06 of the Revised Code.	343

Sec. 1717.01. As used in ~~sections 1717.01 to 1717.14,~~	344
~~inclusive, of the Revised Code,~~this chapter and in every law	345
relating to animals:	346

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

347

(B) "Cruelty," "torment," and "torture" include every act,	348
omission, or neglect by which unnecessary or unjustifiable pain or	349
suffering is caused, permitted, or allowed to continue, when there	350
is a reasonable remedy or relief;.	351

(C) "Humane society agent" or "agent" means an individual who	352
complies with, and is appointed by a county humane society under,	353
section 1717.06 of the Revised Code for the purpose of	354
investigating any person who is accused of an act of cruelty to	355
animals regardless of the title that is given to the individual.	356

(D) "Owner" and "person" include corporations. For the	357
purpose of this section the knowledge and acts of the agents and	358
employees of a corporation, in regard to animals transported,	359
owned, or employed by, or in the custody of, such agents and	360
employees, are the knowledge and acts of the corporation.	361

Sec. 1717.04. The Ohio humane society may appoint agents, in	362
any county where no active county humane society exists under	363
section 1717.05 of the Revised Code, to represent it and to	364
receive and account for all funds coming to it from fines or	365
otherwise, and may also appoint agents at large to prosecute its	366
work throughout the state. Such agents may arrest any person found	367
violating any law for the protection of ~~persons or~~ animals, or the	368
prevention of cruelty thereto. Upon making ~~such~~an arrest, the	369
agent forthwith shall convey the person arrested before some court	370
or magistrate having jurisdiction of the offense, and there make	371
complaint against ~~him~~the person.	372

Such agents shall not make such arrests within a municipal	373
corporation unless their appointment has been approved by the	374
mayor of the municipal corporation, or within a county beyond the	375
limits of a municipal corporation unless their appointment has	376
been approved by the probate judge of the county. ~~Such~~The mayor	377
or probate judge shall keep a record of such appointments.	378

Sec. 1717.06. (A)(1) A county humane society organized under	379
section 1717.05 of the Revised Code may appoint agents,~~who are~~	380
~~residents of the county or municipal corporation for which the~~	381
~~appointment is made, for the purpose of prosecuting any person~~	382
~~guilty of an act of cruelty to persons or animals~~. Such agents may	383
arrest any person found violating this chapter or any other law	384
for protecting ~~persons or~~ animals or preventing acts of cruelty	385
thereto. Upon making an arrest, the agent forthwith shall convey	386
the person arrested before some court or magistrate having	387
jurisdiction of the offense, and there make complaint against the	388
person on oath or affirmation of the offense.	389

(2) All appointments of agents under this section shall be	390
approved by the mayor of the municipal corporation for which they	391
are made. If the society exists outside a municipal corporation,	392
such appointments shall be approved by the probate judge of the	393
county for which they are made. The mayor or probate judge shall	394
keep a record of such ~~appointments~~approvals.	395

(B) In order to qualify for appointment as a humane society	396
agent under this section, ~~a person first shall successfully~~an	397
individual shall do all of the following:	398

(1) Successfully complete a minimum of twenty hours of	399
training on issues relating to the investigation and prosecution	400
of cruelty to and neglect of animals. The training shall comply	401
with rules recommended by the peace officer training commission	402
under section 109.73 of the Revised Code and shall include,	403
without limitation, instruction regarding animal husbandry	404
practices as described in division (A)(12) of that section. A	405
~~person~~Proof of successful completion of training shall be signed	406
by the chief executive officer of the organization or entity that	407
provided the training and by the chief officer of the county	408
humane society appointing the agent. An individual who has been	409
appointed as a humane society agent under this section prior to	410
~~the effective date of this amendment~~April 9, 2003, may continue	411
to act as a humane society agent for a period of time on and after	412
~~the effective date of this amendment~~April 9, 2003, without	413
completing the training. However, on or before December 31, 2004,	414
~~a person~~an individual who has been appointed as a humane society	415
agent under this section prior to ~~the effective date of this~~	416
~~amendment~~April 9, 2003, shall successfully complete the training	417
described in this ~~paragraph~~division and submit proof of its	418
successful completion to the appropriate ~~appointing~~ mayor or	419
probate judge who approved the appointment in order to continue to	420
act as a humane society agent after December 31, 2004.	421

(2) Present proof of successful completion of training that	422
is signed as required by division (B)(1) of this section to the	423
appropriate mayor or probate judge for approval. Proof of	424
successful completion of training shall be signed by the	425
appropriate mayor or probate judge before the proof is filed under	426
division (B)(3) of this section.	427

(3) File proof of successful completion of training that is	428
signed as required by divisions (B)(1) and (2) of this section	429
with the county recorder in accordance with section 317.08 of the	430
Revised Code.	431

An appointment is not final until the day on which proof of	432
successful completion of training is filed with the county	433
recorder under this division. The fee charged by the county	434
recorder for filing proof of successful completion of training	435
shall be paid by the county humane society appointing the agent.	436

(C) An individual who is serving as a humane society agent on	437
the effective date of this amendment shall file proof of	438
successful completion of training, including the required	439
signatures, with the county recorder not later than six months	440
after the effective date of this amendment. If that individual has	441
not filed the required proof of successful completion of training	442
with the county recorder as required in this section, the	443
individual is suspended as a humane society agent by operation of	444
law until such proof is on file with the county recorder.	445

(D) An individual who suspects that a humane society agent	446
has not successfully completed the training that is required in	447
this section or that an agent's proof of successful completion of	448
training contains false or misleading information may file a	449
complaint with the mayor or probate judge who approved the	450
appointment. The mayor or probate judge shall investigate the	451
complaint. If the mayor or probate judge finds that the agent has	452
not successfully completed the required training or that the proof	453
of successful completion contains false or misleading information,	454
the mayor or probate judge shall rescind the approval of the	455
appointment and order the applicable humane society to revoke the	456
appointment. The applicable county humane society shall file	457
written notice with the county recorder of the revocation under	458
this division of a humane society agent's appointment. Revocation	459
of the appointment shall be duly noted and recorded in the records	460
kept under section 317.08 of the Revised Code, and the county	461
humane society shall pay the fee for that filing.	462

(E) An agent of a county humane society only has the specific	463
authority granted to the agent under this section and section	464
1717.08 of the Revised Code.	465

Sec. 1717.09. A member of the Ohio humane society or of a	466
county humane society may require the sheriff of any county, the	467
constable of any township, the marshal or a ~~policeman~~police	468
officer of any municipal corporation, or any agent of such a	469
society, to arrest any person found violating the laws in relation	470
to cruelty to ~~persons or~~ animals, and to take possession of any	471
animal cruelly treated in their respective counties or municipal	472
corporations, and deliver ~~such~~the animal to the proper officers	473
of the society.	474

Section 2. That existing sections 109.73, 317.08, 959.131,	475
1717.01, 1717.04, 1717.06, and 1717.09 of the Revised Code are	476
hereby repealed.	477