Ohio, to clear up some confusion about the final draft of the bill known as Goddards Law, we have posted the bill analysis. Also, we love our farm dogs here in Ohio, and they to will be protected under the introduced final version of Goddards Law. So stay tuned here on the Ohio Alliance for Animal Cruelty Reform Page to get the updates about the bill. Ohio we need your continued support and voice!! Ohio Legislative Service Commission Bill Analysis Jeff Grim Am. Sub. H.B. 274 130th General Assembly (As Passed by the House) Reps. Patmon and Sears, Barnes, Cera, Lundy, Celebrezze, Pillich, Winburn, R. Adams, Anielski, Antonio, Ashford, Baker, Beck, Blessing, Boyce, Brown, Buchy, Butler, Carney, Clyde, Dovilla, Fedor, Foley, Gerberry, Grossman, Hackett, R. Hagan, Henne, Hottinger, Milkovich, OBrien, Patterson, Pelanda, Ramos, Rogers, Ruhl, Williams, Batchelder BILL SUMMARY Prohibits any person from knowingly causing serious physical harm to a companion animal. Prohibits any person who confines or is the custodian or caretaker of a companion animal from negligently torturing, tormenting, or committing an act of cruelty against the companion animal. Prohibits an owner, manager, or employee of a dog kennel who confines or is the custodian or caretaker of a companion animal from negligently torturing, tormenting, or committing an act of cruelty against the companion animal. Requires the Attorney General, Veterinary Medical Licensing Board, Board of Pharmacy, and Ohio Veterinary Medical Association to collaborate in developing resources to assist veterinarians in identifying clients who may use their animals to secure opioids for abuse. CONTENT AND OPERATION Cruel treatment of companion animals The bill prohibits any person from knowingly causing serious physical harm to a companion animal (see Definitions). A violation of this prohibition is a felony of the fifth degree.1 1 R.C. 959.131(C) and 959.99(E)(2). Continuing law prohibits any person from knowingly torturing, tormenting, needlessly mutilating or maiming, cruelly beating, poisoning, needlessly killing, or committing an act of cruelty against a companion animal. A violation of this prohibition is a misdemeanor of the first degree on a first offense and a felony of the fifth degree on each subsequent offense.2 Prohibitions – any person who confines or is the custodian or caretaker of a companion animal Negligent acts The bill prohibits any person who confines or who is the custodian or caretaker of a companion animal from negligently torturing, tormenting, or committing an act of cruelty against the companion animal (see Definitions). A violation of this prohibition is a misdemeanor of the second degree on a first offense and a misdemeanor of the first degree on each subsequent offense.3 The new prohibition replaces a provision of current law that prohibits any person who confines or who is the custodian or caretaker of a companion animal from negligently and needlessly killing the companion animal or from negligently doing any of the following against the companion animal, when there is a reasonable remedy or relief:4 Committing any act by which unnecessary or unjustifiable pain or suffering is caused, permitted, or allowed to continue; Omitting any act of care by which unnecessary or unjustifiable pain or suffering is caused, permitted, or allowed to continue; Committing any act of neglect by which unnecessary or unjustifiable pain or suffering is caused, permitted, or allowed to continue. A violation of any of the above prohibitions in current law is a misdemeanor of the second degree on a first offense and a misdemeanor of the first degree on each subsequent offense.5 2 R.C. 959.131(B) and 959.99(E)(1). 3 R.C. 959.131(D)(1) and 959.99(E)(3). 4 R.C. 959.131(C)(1) to (4) in current law. 5 R.C. 959.99(E)(2) in current law. Legislative Service Commission -2- Am. Sub. H.B. 274 As Passed by the House  Prohibitions – owners, managers, and employees of dog kennels The bill modifies the prohibition under current law against an owner, manager, or employee of a dog kennel (see Definitions) who confines or is the custodian or caretaker of a companion animal knowingly depriving the companion animal of necessary sustenance, or confining the companion animal without supplying it during the confinement with sufficient quantities of good, wholesome (added by the bill) food and water if it can reasonably be expected that the companion animal would become sick or suffer in any other way as a result of the deprivation or confinement (instead of if it is substantially certain that the companion animal would die or experience unnecessary or unjustifiable pain or suffering due to the deprivation or confinement).6 The bill modifies and relocates the prohibition under current law against an owner, manager, or employee of a dog kennel who confines or is the custodian or caretaker of a companion animal knowingly impounding or confining 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 (added by the bill) 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 lack of adequate shelter (instead of if it is substantially certain that the companion animal would die or experience unnecessary or unjustifiable pain or suffering due to the . . . impoundment or confinement in any of those specified manners).7 The bill retains the penalty of a felony of the fifth degree under current law for a violation of the above prohibitions. 8 Negligent acts The bill prohibits an owner, manager, or employee of a dog kennel who confines or is the custodian or caretaker of a companion animal from negligently torturing, tormenting, or committing an act of cruelty against the companion animal. A violation of this prohibition is a misdemeanor of the first degree.9 The new prohibition replaces a provision of current law that prohibits an owner, manager, or employee of a dog kennel who confines or is the custodian or caretaker of a companion animal from negligently and needlessly killing the companion animal or 6 R.C. 959.131(E)(2). 7 R.C. 959.131(E)(3). 8 R.C. 959.99(E)(4). 9 R.C. 959.131(F)(1) and 959.99(E)(5). Legislative Service Commission -3- Am. Sub. H.B. 274 As Passed by the House  from negligently doing any of the following against the companion animal, when there is a reasonable remedy or relief:10 Committing any act by which unnecessary or unjustifiable pain or suffering is caused, permitted, or allowed to continue; Omitting any act of care by which unnecessary or unjustifiable pain or suffering is caused, permitted, or allowed to continue; Committing any act of neglect by which unnecessary or unjustifiable pain or suffering is caused, permitted, or allowed to continue. A violation of any of the above prohibitions in current law is a misdemeanor of the first degree.11 Use of fine moneys Continuing law requires that fine moneys for violation of the prohibitions regarding companion animals be forwarded to the county humane society or the county, township, municipal corporation, or state law enforcement agency that primarily was responsible for or involved in the investigation and prosecution of the violation. The bill requires a county humane society that receives any fine moneys to use the fine moneys either to provide the training that is required for humane agents under the Humane Societies Law or to provide additional training for humane agents (added by the bill).12 Relocation of provisions and conforming changes The bill relocates certain of current laws prohibitions to separate divisions.13 It makes conforming changes in the division references pertaining to the prohibitions.14 Definitions The bill modifies the definition of companion animal to mean any animal that is kept inside a residential dwelling and any dog or cat regardless of where it is kept, 10 R.C. 959.131(E)(1) to (4) in current law. 11 R.C. 959.99(E)(4) in current law. 12 R.C. 959.131(H). 13 R.C. 959.131(D)(3), (E)(3), and (F)(3). 14 R.C. 959.132(H). Legislative Service Commission -4- Am. Sub. H.B. 274 As Passed by the House  including a pet store (added by the bill) (defined in continuing law as a retail store that sells dogs to the public); but not including livestock or any wild animal.15 For purposes of the above prohibitions, the bill defines serious physical injury as any of the following:16 Physical harm that carries a substantial risk of death; Physical harm that involves either partial or total permanent incapacity; Physical harm that involves acute pain of a duration that results in substantial suffering or that involves any degree of prolonged or intractable pain; or Physical harm that results from a person who confines or who is the custodian or caretaker of a companion animal depriving the companion animal of good, wholesome food and water that proximately causes the death of the companion animal. The following definitions in continuing law apply to the bill: Cruelty, torment, and torture includes 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.17 Dog kennel means any of the following: 18 An animal rescue for dogs, defined as a facility that keeps, houses, and maintains dogs such as a dog pound operated by a municipal corporation, or by a county, or that is operated by a humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization that is devoted to the welfare, protection, and humane treatment of dogs and other animals, and is registered with the Director of Agriculture. 15 R.C. 959.131(A)(1). 16 R.C. 959.131(A)(12). 17 R.C. 959.131(A)(2), by reference to R.C. 1717.01, not in the bill. 18 R.C. 959.131(A)(7), (8), and (9), by reference to R.C. 956.01 and 956.06, not in the bill. Legislative Service Commission -5- Am. Sub. H.B. 274 As Passed by the House  A boarding kennel, defined as an establishment operated for profit that keeps, houses, and maintains dogs solely for the purpose of providing shelter, care, and feeding in return for a fee or other consideration. A training kennel, defined as an establishment operated for profit that keeps, houses, and maintains dogs for the purpose of training them in return for a fee or other consideration. State collaborative effort to assist veterinarians in identifying clients who may use their animals to secure opioids The bill requires the Attorney General, State Veterinary Medical Licensing Board, State Board of Pharmacy, and Ohio Veterinary Medical Association to collaborate in the development of resources and educational materials to enhance the ability of veterinarians to identify current or potential clients who may abuse opioids and may use animals in their care to improperly secure them.19 HISTORY ACTION Introduced Reported, H. Judiciary Passed House (84-8) H0274-PH-130.docx/ks DATE 09-30-13 12-05-13 12-11-13 19 R.C. 4741.05. Legislative Service Commission -6- Am. Sub. H.B. 274 As Passed by the House
Posted on: Thu, 22 Jan 2015 19:29:51 +0000
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