Bill Text: OH HB310 | 2013-2014 | 130th General Assembly | Comm Sub

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

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Bill Title: To include persons diagnosed with posttraumatic stress disorder as mobility impaired persons for purposes of the statutes governing assistance dogs and to prohibit misrepresentation of a dog as an assistance dog.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2014-01-16 - To State Government Oversight & Reform [HB310 Detail]

Download: Ohio-2013-HB310-Comm_Sub.html

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As Reported by the House Health and Aging Committee

130th General Assembly Regular Session 2013-2014

H. B. No. 310

Representative Ruhl 

Cosponsors: Representatives Terhar, Adams, J., Grossman, Milkovich, Bishoff, Brown, Ramos, Schuring 

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A BILL

To amend sections 955.011, 955.43, and 955.99 of the

1

Revised Code to include persons diagnosed with

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posttraumatic stress disorder as mobility impaired

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persons for purposes of the statutes governing

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assistance dogs and to prohibit misrepresentation

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of a dog as an assistance dog.

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

Section 1. That sections 955.011, 955.43, and 955.99 of the	7
Revised Code be amended to read as follows:	8

Sec. 955.011.  (A) When an application is made for	9
registration of an assistance dog and the owner can show proof by	10
certificate or other means that the dog is an assistance dog, the	11
owner of the dog shall be exempt from any fee for the	12
registration. Registration for an assistance dog shall be	13
permanent and not subject to annual renewal so long as the dog is	14
an assistance dog. Certificates and tags stamped "Ohio Assistance	15
Dog-Permanent Registration," with registration number, shall be	16
issued upon registration of such a dog. Any certificate and tag	17
stamped "Ohio Guide Dog-Permanent Registration" or "Ohio Hearing	18
Dog-Permanent Registration," with registration number, that was	19
issued for a dog in accordance with this section as it existed	20
prior to July 4, 1984, any certificate and tag stamped "Ohio	21
Handicapped Assistance Dog-Permanent Registration," with	22
registration number, that was issued for a dog in accordance with	23
this section as it existed on and after July 5, 1984, but prior to	24
November 26, 2004, and any certificate and tag stamped "Ohio	25
Service Dog-Permanent Registration," with registration number,	26
that was issued for a dog in accordance with this section as it	27
existed on and after November 26, 2004, but prior to June 30,	28
2006, shall remain in effect as valid proof of the registration of	29
the dog on and after November 26, 2004. Duplicate certificates and	30
tags for a dog registered in accordance with this section, upon	31
proper proof of loss, shall be issued and no fee required. Each	32
duplicate certificate and tag that is issued shall be stamped	33
"Ohio Assistance Dog-Permanent Registration."	34

(B) As used in this section and in sections 955.16 and 955.43	35
of the Revised Code:	36

(1) "Mobility impaired person" means any person, regardless	37
of age, who is subject to a physiological defect or deficiency	38
regardless of its cause, nature, or extent that renders the person	39
unable to move about without the aid of crutches, a wheelchair, or	40
any other form of support, or that limits the person's functional	41
ability to ambulate, climb, descend, sit, rise, or perform any	42
related function. "Mobility impaired person" includes a person	43
with a neurological or psychological disability that limits the	44
person's functional ability to ambulate, climb, descend, sit,	45
rise, or perform any related function. "Mobility impaired person"	46
also includes a person with a seizure disorder and, a person who	47
is diagnosed with autism, and a person who is diagnosed with	48
posttraumatic stress disorder.	49

(2) "Blind" means either of the following:

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(a) Vision twenty/two hundred or less in the better eye with	51
proper correction;	52

(b) Field defect in the better eye with proper correction	53
that contracts the peripheral field so that the diameter of the	54
visual field subtends an angle no greater than twenty degrees.	55

(3) "Assistance dog" means a guide dog, hearing dog, or	56
service dog that has been trained by a nonprofit special agency.	57

(4) "Guide dog" means a dog that has been trained or is in	58
training to assist a blind person.	59

(5) "Hearing dog" means a dog that has been trained or is in	60
training to assist a deaf or hearing-impaired person.	61

(6) "Service dog" means a dog that has been trained or is in	62
training to assist a mobility impaired person.	63

Sec. 955.43.  (A) When either a blind, deaf or hearing	64
impaired, or mobility impaired person or a trainer of an	65
assistance dog is accompanied by an assistance dog, the person or	66
the trainer, as applicable, is entitled to the full and equal	67
accommodations, advantages, facilities, and privileges of all	68
public conveyances, hotels, lodging places, all places of public	69
accommodation, amusement, or resort, all institutions of	70
education, and other places to which the general public is	71
invited, and may take the dog into such conveyances and places,	72
subject only to the conditions and limitations applicable to all	73
persons not so accompanied, except that:	74

(1) The dog shall not occupy a seat in any public conveyance.

75

(2) The dog shall be upon a leash while using the facilities	76
of a common carrier.	77

(3) Any dog in training to become an assistance dog shall be	78
covered by a liability insurance policy provided by the nonprofit	79
special agency engaged in such work protecting members of the	80
public against personal injury or property damage caused by the	81
dog.	82

(B) No person shall deprive a blind, deaf or hearing	83
impaired, or mobility impaired person or a trainer of an	84
assistance dog who is accompanied by an assistance dog of any of	85
the advantages, facilities, or privileges provided in division (A)	86
of this section, nor charge the person or trainer a fee or charge	87
for the dog.	88

(C) No person shall use on a dog a harness, vest, or leash of	89
the type commonly used on assistance dogs in order to represent	90
that the person's dog is an assistance dog if the dog has not been	91
trained or is not in training as an assistance dog.	92

(D) As used in this section, "institutions of education"	93
means:	94

(1) Any state university or college as defined in section	95
3345.32 of the Revised Code;	96

(2) Any private college or university that holds a	97
certificate of authorization issued by the Ohio board of regents	98
pursuant to Chapter 1713. of the Revised Code;	99

(3) Any elementary or secondary school operated by a board of	100
education;	101

(4) Any chartered or nonchartered nonpublic elementary or	102
secondary school;	103

(5) Any school issued a certificate of registration by the	104
state board of career colleges and schools.	105

Sec. 955.99.  (A)(1) Whoever violates division (E) of section	106
955.11 of the Revised Code because of a failure to comply with	107
division (B) of that section is guilty of a minor misdemeanor.	108

(2) Whoever violates division (E) of section 955.11 of the	109
Revised Code because of a failure to comply with division (C) or	110
(D) of that section is guilty of a minor misdemeanor on a first	111
offense and of a misdemeanor of the fourth degree on each	112
subsequent offense.	113

(B) Whoever violates section 955.10, 955.23, 955.24, or	114
955.25 of the Revised Code is guilty of a minor misdemeanor.	115

(C) Whoever violates section 955.261, 955.39, or 955.50 of	116
the Revised Code is guilty of a minor misdemeanor on a first	117
offense and of a misdemeanor of the fourth degree on each	118
subsequent offense.	119

(D) Whoever violates division (F) of section 955.16 or	120
division (B) or (C) of section 955.43 of the Revised Code is	121
guilty of a misdemeanor of the fourth degree.	122

(E)(1) Whoever violates section 955.21 of the Revised Code,	123
violates division (B) of section 955.22 of the Revised Code, or	124
commits a violation of division (C) of section 955.22 of the	125
Revised Code that involves a dog that is not a nuisance dog,	126
dangerous dog, or vicious dog shall be fined not less than	127
twenty-five dollars or more than one hundred dollars on a first	128
offense, and on each subsequent offense shall be fined not less	129
than seventy-five dollars or more than two hundred fifty dollars	130
and may be imprisoned for not more than thirty days.	131

(2) In addition to the penalties prescribed in division	132
(E)(1) of this section, if the offender is guilty of a violation	133
of division (B) of section 955.22 of the Revised Code or a	134
violation of division (C) of section 955.22 of the Revised Code	135
that involves a dog that is not a nuisance dog, dangerous dog, or	136
vicious dog, the court may order the offender to personally	137
supervise the dog that the offender owns, keeps, or harbors, to	138
cause that dog to complete dog obedience training, or to do both.	139

(F)(1) Whoever commits a violation of division (C) of section	140
955.22 of the Revised Code that involves a nuisance dog is guilty	141
of a minor misdemeanor on the first offense and of a misdemeanor	142
of the fourth degree on each subsequent offense involving the same	143
dog. Upon a person being convicted of or pleading guilty to a	144
third violation of division (C) of section 955.22 of the Revised	145
Code involving the same dog, the court shall require the offender	146
to register the involved dog as a dangerous dog.	147

(2) In addition to the penalties prescribed in division	148
(F)(1) of this section, if a violation of division (C) of section	149
955.22 of the Revised Code involves a nuisance dog, the court may	150
order the offender to personally supervise the nuisance dog that	151
the offender owns, keeps, or harbors, to cause that dog to	152
complete dog obedience training, or to do both.	153

(G) Whoever commits a violation of division (C) of section	154
955.22 of the Revised Code that involves a dangerous dog or a	155
violation of division (D) of that section is guilty of a	156
misdemeanor of the fourth degree on a first offense and of a	157
misdemeanor of the third degree on each subsequent offense.	158
Additionally, the court may order the offender to personally	159
supervise the dangerous dog that the offender owns, keeps, or	160
harbors, to cause that dog to complete dog obedience training, or	161
to do both, and the court may order the offender to obtain	162
liability insurance pursuant to division (E) of section 955.22 of	163
the Revised Code. The court, in the alternative, may order the	164
dangerous dog to be humanely destroyed by a licensed veterinarian,	165
the county dog warden, or the county humane society at the owner's	166
expense. With respect to a violation of division (C) of section	167
955.22 of the Revised Code that involves a dangerous dog, until	168
the court makes a final determination and during the pendency of	169
any appeal of a violation of that division and at the discretion	170
of the dog warden, the dog shall be confined or restrained in	171
accordance with division (D) of section 955.22 of the Revised Code	172
or at the county dog pound at the owner's expense.	173

(H)(1) Whoever commits a violation of division (C) of section	174
955.22 of the Revised Code that involves a vicious dog is guilty	175
of one of the following:	176

(a) A felony of the fourth degree if the dog kills a person.	177
Additionally, the court shall order that the vicious dog be	178
humanely destroyed by a licensed veterinarian, the county dog	179
warden, or the county humane society at the owner's expense.	180

(b) A misdemeanor of the first degree if the dog causes	181
serious injury to a person. Additionally, the court may order the	182
vicious dog to be humanely destroyed by a licensed veterinarian,	183
the county dog warden, or the county humane society at the owner's	184
expense.	185

(2) If the court does not order the vicious dog to be	186
destroyed under division (H)(1)(b) of this section, the court	187
shall issue an order that specifies that division (D) of section	188
955.11 and divisions (D) to (I) of section 955.22 of the Revised	189
Code apply with respect to the dog and the owner, keeper, or	190
harborer of the dog as if the dog were a dangerous dog and that	191
section 955.54 of the Revised Code applies with respect to the dog	192
as if it were a dangerous dog. As part of the order, the court	193
shall order the offender to obtain the liability insurance	194
required under division (E)(1) of section 955.22 of the Revised	195
Code in an amount, exclusive of interest and costs, that equals or	196
exceeds one hundred thousand dollars. Until the court makes a	197
final determination and during the pendency of any appeal of a	198
violation of division (C) of section 955.22 of the Revised Code	199
and at the discretion of the dog warden, the dog shall be confined	200
or restrained in accordance with the provisions described in	201
division (D) of section 955.22 of the Revised Code or at the	202
county dog pound at the owner's expense.	203

(I) Whoever violates division (A)(2) of section 955.01 of the	204
Revised Code is guilty of a misdemeanor of the first degree.	205

(J) Whoever violates division (E)(2) of section 955.22 of the	206
Revised Code is guilty of a misdemeanor of the fourth degree.	207

(K) Whoever violates division (C) of section 955.221 of the	208
Revised Code is guilty of a minor misdemeanor. Each day of	209
continued violation constitutes a separate offense. Fines levied	210
and collected for violations of that division shall be distributed	211
by the mayor or clerk of the municipal or county court in	212
accordance with section 733.40, division (F) of section 1901.31,	213
or division (C) of section 1907.20 of the Revised Code to the	214
treasury of the county, township, or municipal corporation whose	215
resolution or ordinance was violated.	216

(L) Whoever violates division (F)(1), (2), or (3) of section	217
955.22 of the Revised Code is guilty of a felony of the fourth	218
degree. Additionally, the court shall order that the dog involved	219
in the violation be humanely destroyed by a licensed veterinarian,	220
the county dog warden, or the county humane society. Until the	221
court makes a final determination and during the pendency of any	222
appeal of a violation of division (F)(1), (2), or (3) of section	223
955.22 of the Revised Code and at the discretion of the dog	224
warden, the dog shall be confined or restrained in accordance with	225
the provisions of division (D) of section 955.22 of the Revised	226
Code or at the county dog pound at the owner's expense.	227

(M) Whoever violates division (E)(1), (3), or (4) of section	228
955.22 of the Revised Code is guilty of a minor misdemeanor.	229

(N) Whoever violates division (I)(4) of section 955.22 of the	230
Revised Code is guilty of a minor misdemeanor.	231

(O) Whoever violates division (A) or (B) of section 955.54 of	232
the Revised Code is guilty of a misdemeanor of the first degree.	233

(P)(1) If a dog is confined at the county dog pound pursuant	234
to division (G), (H), or (L) of this section, the county dog	235
warden shall give written notice of the confinement to the owner	236
of the dog. If the county dog warden is unable to give the notice	237
to the owner of the dog, the county dog warden shall post the	238
notice on the door of the residence of the owner of the dog or in	239
another conspicuous place on the premises at which the dog was	240
seized. The notice shall include a statement that a security in	241
the amount of one hundred dollars is due to the county dog warden	242
within ten days to secure payment of all reasonable expenses,	243
including medical care and boarding of the dog for sixty days,	244
expected to be incurred by the county dog pound in caring for the	245
dog pending the determination. The county dog warden may draw from	246
the security any actual costs incurred in caring for the dog.	247

(2) If the person ordered to post security under division	248
(P)(1) of this section does not do so within ten days of the	249
confinement of the animal, the dog is forfeited, and the county	250
dog warden may determine the disposition of the dog unless the	251
court issues an order that specifies otherwise.	252

(3) Not more than ten days after the court makes a final	253
determination under division (G), (H), or (L) of this section, the	254
county dog warden shall provide the owner of the dog with the	255
actual cost of the confinement of the dog. If the county dog	256
warden finds that the security provided under division (P)(1) of	257
this section is less than the actual cost of confinement of the	258
dog, the owner shall remit the difference between the security	259
provided and the actual cost to the county dog warden within	260
thirty days after the court's determination. If the county dog	261
warden finds that the security provided under division (P)(1) of	262
this section is greater than that actual cost, the county dog	263
warden shall remit the difference between the security provided	264
and the actual cost to the owner within thirty days after the	265
court's determination.	266

(Q) As used in this section, "nuisance dog," "dangerous dog,"	267
and "vicious dog" have the same meanings as in section 955.11 of	268
the Revised Code.	269

Section 2. That existing sections 955.011, 955.43, and 955.99	270
of the Revised Code are hereby repealed.	271