reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1715 | Religious and Benevolent Organizations › Section 1715.51 | Uniform Management of Institutional Funds Definitions.

Effective:
June 1, 2009
Latest Legislation:
House Bill 522 - 127th General Assembly
As used in sections 1715.51 to 1715.59 of the Revised Code:
(A) "Charitable purpose" means any purpose the achievement of which is beneficial to the community, including the relief of poverty, the advancement of education or religion, the promotion of health, and the promotion of a governmental purpose.
(B) "Institution" means any of the following:
(1) A person, other than an individual, organized and operated exclusively for charitable purposes;
(2) A governmental organization to the extent that it holds funds exclusively for a charitable purpose;
(3) A trust that had both charitable and noncharitable interests and the noncharitable interests have terminated.
(C) "Institutional fund" means a fund that is held by an institution exclusively for charitable purposes. "Institutional fund" does not include any of the following:
(1) Programrelated assets;
(2) A fund held for an institution by a trustee that is not an institution;
(3) A fund in which a beneficiary that is not an institution has an interest other than an interest that may arise upon a violation of or the failure of the purposes of the fund.
(D) "Endowment fund" means an institutional fund or any part thereof that, under the terms of a gift instrument, is not wholly expendable by the institution on a current basis. "Endowment fund" does not include assets that an institution designates as an endowment fund for its own use.
(E) "Gift instrument" means a record or records, including an institutional solicitation, under which property is granted to, transferred to, or held by an institution as an institutional fund.
(F) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, governmental organization, or any other legal or commercial entity.
(G) "Programrelated asset" means an asset held by an institution primarily to accomplish a charitable purpose of the institution and not primarily for investment.
(H) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1715 | Religious and Benevolent Organizations › Section 1715.53 | Appropriations From Net Appreciation.

Effective:
June 1, 2009
Latest Legislation:
House Bill 522 - 127th General Assembly
(A) Subject to the intent of a donor expressed in the gift instrument and to division (D) of this section, an institution may appropriate for expenditure or accumulate so much of an endowment fund as the institution determines is prudent for the uses, benefits, purposes, and duration for which an endowment fund is established. Unless stated otherwise in the gift instrument, the assets in an endowment fund are donor-restricted assets until appropriated for expenditure by the institution. In making a determination to appropriate or accumulate, the institution shall act in good faith, with the care that an ordinarily prudent person in a like position would exercise under similar circumstances, and shall consider, if relevant, the following factors:
(1) The duration and preservation of the endowment fund;
(2) The purposes of the institution and the endowment fund;
(3) General economic conditions;
(4) The possible effect of inflation or deflation;
(5) The expected total return from income and the appreciation of investments;
(6) Other resources of the institution;
(7) The investment policy of the institution.
(B) To limit the authority to appropriate for expenditure or accumulate under division (A) of this section, a gift instrument shall specifically state the limitation.
(C) Terms in a gift instrument designating a gift as an endowment, or a direction or authorization in the gift instrument to use only "income," "interest," "dividends," or "rents, issues, or profits" or "to preserve the principal intact," or words of similar import, create an endowment fund of permanent duration, unless other language in the gift instrument limits the duration or purpose of the fund, and do not otherwise limit the authority under division (A) of this section to appropriate for expenditure or accumulate.
(D)(1) The appropriation for expenditure in any year of an amount not greater than five per cent of the fair market value of an endowment fund, whether or not the total expenditure from it exceeds five per cent, calculated on the basis of market values that are determined at least quarterly and averaged over a period of not less than three years immediately preceding the year in which the appropriation for expenditure was made, creates an irrebuttable presumption of prudence. With respect to an endowment fund in existence for fewer than three years, the fair market value of the endowment fund shall be calculated for the period the endowment fund has been in existence.
(2) Nothing in division (D)(1) of this section shall be construed to restrict an appropriation for expenditure permitted by the gift instrument or to create a presumption of imprudence or prudence for that part, if any, of an appropriation for expenditure that exceeds five per cent of the fair market value of the endowment fund.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1715 | Religious and Benevolent Organizations › Section 1715.54 | Delegation of Authority.

Effective:
June 1, 2009
Latest Legislation:
House Bill 522 - 127th General Assembly
(A)(1) Subject to any specific limitation set forth in a gift instrument or in any other provision of law, an institution may delegate to an external agent the management and investment of an institutional fund to the extent that an institution could prudently delegate under the circumstances. An institution shall act in good faith, with the care that an ordinarily prudent person in a like position would exercise under similar circumstances, in doing all of the following:
(a) Selecting an agent;
(b) Establishing the scope and terms of the delegation, consistent with the purposes of the institution and the institutional fund;
(c) Periodically reviewing the agent's actions to monitor the agent's performance and compliance with the scope and terms of the delegation.
(2) An agent, in performing a delegated function, shall owe a duty to the institution to exercise reasonable care to comply with the scope and terms of the delegation. By accepting delegation of a management or investment function from an institution that is subject to the laws of this state, an agent submits to the jurisdiction of the courts of this state in all proceedings arising from or related to the delegation or the performance of the delegated function.
(3) An institution that complies with division (A)(1) of this section is not liable for the decisions or actions of an agent to which the function was delegated.
(B) An institution may delegate management and investment functions to its committees, officers, or employees as otherwise provided by law.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1715 | Religious and Benevolent Organizations › Section 1715.56 | Determination of Compliance With Rc 1715.51 Et Seq.

Effective:
June 1, 2009
Latest Legislation:
House Bill 522 - 127th General Assembly
Compliance with sections 1715.51 to 1715.59 of the Revised Code shall be determined in light of the facts and circumstances existing at the time a decision is made or action is taken, and not by hindsight.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1715 | Religious and Benevolent Organizations › Section 1715.57 | Construction of Rc 1715.51 Et Seq.

Effective:
June 1, 2009
Latest Legislation:
House Bill 522 - 127th General Assembly
(A) Sections 1715.51 to 1715.59 of the Revised Code shall be construed as modifying, limiting, and superseding the "Electronic Signatures in Global and National Commerce Act," 114 Stat. 464, 15 U.S.C. 7001 et seq., with the exception of section 101 of that act, 15 U.S.C. 7001(a).
(B) Sections 1715.51 to 1715.59 of the Revised Code shall not be construed as authorizing electronic delivery of any of the orders, notices, or documents described in section 103 of that act, 15 U.S.C. 7003(b).
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1715 | Religious and Benevolent Organizations › Section 1715.58 | Enacting Uniform Management of Institutional Funds Act.

Effective:
June 1, 2009
Latest Legislation:
House Bill 522 - 127th General Assembly
In so far as is possible on and after June 1, 2009, sections 1715.51 to 1715.59 of the Revised Code shall be applied and construed to effectuate the general purpose to make uniform the law with respect to the subject of those sections among the states that enact the uniform prudent management of institutional funds act.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1715 | Religious and Benevolent Organizations › Section 1715.59 | Sections Cited as the Uniform Management of Institutional Funds Act.

Effective:
June 1, 2009
Latest Legislation:
House Bill 522 - 127th General Assembly
Sections 1715.51 to 1715.59 of the Revised Code may be cited as the uniform prudent management of institutional funds act.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1716 | Charitable Organizations › Section 1716.03 | Organizations Not Required to File Registration Statement.

Effective:
April 10, 2001
Latest Legislation:
Senate Bill 333 - 123rd General Assembly
The following shall not be required to file a registration statement as provided in section 1716.02 of the Revised Code:
(A) Any religious agencies and organizations, and charities, agencies, and organizations operated, supervised, or controlled by a religious organization;
(B) Any charitable organization that meets all of the following requirements:
(1) It has been in continuous existence in this state for a period of at least two years;
(2) It has received from the internal revenue service a determination letter that is currently in effect, stating that the charitable organization is exempt from federal income taxation under subsection 501(a) and described in subsection 501(c)(3) of the Internal Revenue Code;
(3) It has registered with the attorney general as a charitable trust pursuant to section 109.26 of the Revised Code;
(4) It has filed an annual report with and paid the required fee to the attorney general pursuant to section 109.31 of the Revised Code.
(C) Any educational institution, when solicitation of contributions is confined to alumni, faculty, trustees, or the student membership and their families;
(D) Every person other than an individual, when solicitation of contributions for a charitable purpose or on behalf of a charitable organization is confined to its existing membership, present or former employees, or present or former trustees;
(E) Any public primary or secondary school, when solicitation of contributions is confined to alumni, faculty, or the general population of the local school district;
(F) Any booster club that is organized and operated in conjunction with and for the benefit of students of public primary or secondary schools;
(G) Any charitable organization that does not receive gross revenue, excluding grants or awards from the government or an organization that is exempt from federal income taxation under section 501(a) and described in section 501(c)(3) of the Internal Revenue Code, in excess of twenty-five thousand dollars during its immediately preceding fiscal year, if the organization does not compensate any person primarily to solicit contributions.
If the gross revenue, excluding grants or awards from the government or an organization that is exempt from federal income taxation under section 501(a) and described in section 501(c)(3) of the Internal Revenue Code, of any charitable organization received during any fiscal year exceeds twenty-five thousand dollars, the charitable organization, within thirty days after the receipt of the revenue, shall file a registration statement with the attorney general pursuant to section 1716.02 of the Revised Code.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1716 | Charitable Organizations › Section 1716.04 | Annual Report.

Effective:
November 7, 1990
Latest Legislation:
House Bill 486 - 118th General Assembly
(A) Every charitable organization that is required to register pursuant to this chapter shall file an annual financial report with the attorney general upon a form prescribed by him. The report shall include all of the following:
(1) A balance sheet;
(2) A statement of support, revenue, and expenses, and any changes in the fund balance;
(3) The names and addresses of the charitable organizations, fund-raising counsel, professional solicitors, and commercial co-venturers used, if any, and the amounts of money received from each of them, if any.
(4) A statement of functional expenses that shall include, but not be limited to, expenses of the following categories:
(a) Program;
(b) Management and general;
(c) Fund-raising.
(5) Any other information that the attorney general, by rule, may require.
(B) The attorney general shall accept a copy or duplicate original of a financial statement, report, or return filed by the charitable organization with the internal revenue service. The attorney general, by rule, may require additional information as part of the annual financial report. Any consolidated financial report filed with the attorney general shall include information about the parent charitable organization as such and the financial information arising out of the activities of each chapter, branch, or affiliate of the charitable organization in this state that is covered by the financial statement, report, or return filed by the charitable organization with the internal revenue service.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1716 | Charitable Organizations › Section 1716.09 | Charitable Sales Promotions.

Effective:
November 7, 1990
Latest Legislation:
House Bill 486 - 118th General Assembly
(A) Prior to the commencement of any charitable sales promotion in this state conducted by a commercial co-venturer on behalf of a charitable organization, the commercial co-venturer shall obtain the written consent of the charitable organization whose name will be used during the charitable sales promotion.
(B) In conducting a charitable sales promotion, if the actual dollar amount or percentage per unit of goods or services purchased or used that will benefit the charitable organization or charitable purpose has been determined, the commercial co-venturer shall disclose that amount or percentage in each advertisement for the charitable sales promotion. If the actual dollar amount or percentage per unit of goods or services purchased or used that will benefit the charitable organization or charitable purpose cannot reasonably be determined prior to the beginning of the charitable sales promotion, the commercial co-venturer shall disclose an estimated amount or percentage in each advertisement for the charitable sales promotion. The estimate shall be reasonable and shall be based on all the relevant facts known to the commercial co-venturer and the charitable organization.
(C) A commercial co-venturer shall keep a final accounting for each charitable sales promotion that it conducts for a period of three years following the completion of the charitable sales promotion. A commercial co-venturer shall provide a final accounting for each charitable sales promotion that it conducts to the charitable organization on whose behalf the charitable sales promotion was conducted not later than ten days after the charitable organization requests it. A commercial co-venturer shall provide to the attorney general a copy of the final accounting for each charitable sales promotion that it conducts not later than ten days after the attorney general requests it.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1716 | Charitable Organizations › Section 1716.10 | Required Disclosures at the Point of Solicitation.

Effective:
November 7, 1990
Latest Legislation:
House Bill 486 - 118th General Assembly
Every charitable organization, whether or not required to register pursuant to this chapter, that directly solicits contributions in this state shall make the following disclosures at the point of solicitation:
(A) The name of the charitable organization and the city of the principal place of business of the charitable organization;
(B) If the charitable organization has not received a determination letter from the internal revenue service that is currently in effect, stating that the organization is exempt from federal income taxation under section 501(a) and described in section 501(c)(3) of the Internal Revenue Code, the particular charitable purpose or purposes to be advanced with the funds raised.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1716 | Charitable Organizations › Section 1716.11 | Maintaining Records of Solicitation Activities.

Effective:
November 7, 1990
Latest Legislation:
House Bill 486 - 118th General Assembly
Every charitable organization, fundraising counsel, professional solicitor, and commercial co-venturer, whether or not required to register pursuant to this chapter, shall keep true records of solicitation activities that are covered by this chapter or any rule adopted under this chapter. The records shall be made available to the attorney general for inspection and shall be furnished to him not later than ten days after his request. The records shall be retained for a period of at least three years.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1716 | Charitable Organizations › Section 1716.12 | Attorney General May Exchange Information With Other States.

Effective:
November 7, 1990
Latest Legislation:
House Bill 486 - 118th General Assembly
The attorney general may exchange any information with respect to charitable organizations, fund-raising counsel, professional solicitors, or commercial co-venturers with the appropriate authority of any other state or of the United States. The attorney general may accept any information filed by a charitable organization with the appropriate authority of another state or of the United States in lieu of the information that the charitable organization is required to file pursuant to this chapter if the information substantially meets all the requirements of this chapter.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1716 | Charitable Organizations › Section 1716.13 | Rules.

Effective:
November 7, 1990
Latest Legislation:
House Bill 486 - 118th General Assembly
The attorney general from time to time may adopt such reasonable rules pursuant to Chapter 119. of the Revised Code as may be necessary to interpret or implement this chapter.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1716 | Charitable Organizations › Section 1716.17 | Fiduciary Duties.

Effective:
November 7, 1990
Latest Legislation:
House Bill 486 - 118th General Assembly
Every person who solicits, collects, or expends contributions on behalf of a charitable organization or for a charitable purpose, or who conducts a charitable sales promotion, and every officer, director, trustee, or employee of that person who is concerned with the solicitation, collection, or expenditure of those contributions shall be considered a fiduciary and as acting in a fiduciary capacity.
This section does not supersede or otherwise alter the standard of care or the limitations on the liability of volunteers under section 1702.30 or 2305.38 of the Revised Code.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1716 | Charitable Organizations › Section 1716.21 | Reporting or Filing Requirements on Charitable Organizations.

Effective:
September 30, 2021
Latest Legislation:
House Bill 110 - 134th General Assembly
(A)(1) Except as provided in division (B) of this section or as specifically required or authorized by federal law, no agency or official of this state shall impose any filing or reporting requirement on a charitable organization, regulated or specifically exempted from regulation under Chapter 1716. of the Revised Code, that is more stringent, restrictive, or expansive than the requirements explicitly authorized by the Revised Code.
(2) Division (A)(1) of this section shall not be construed as repealing or otherwise negating any rule or requirement already in existence as of the effective date of this section .
(3) Division (A)(1) of this section shall not be construed as negating or limiting any of the following:
(a) Any civil or criminal right, claim, or defense that the attorney general may assert under the Revised Code or common law;
(b) The authority of the attorney general to institute and prosecute an action to enforce any provision of the Revised Code the attorney general is authorized to enforce;
(c) The independent authority of the attorney general to protect charitable assets in this state.
(B) This section does not apply to any of the following:
(1) State grants and contracts;
(2) Fraud investigations;
(3) Any enforcement action taken against a specific charitable organization;
(4) Settlement agreements;
(5) Assurances of discontinuance;
(6) Court judgments;
(7) Entities operating under Chapter 2915. of the Revised Code.
Last updated July 28, 2021 at 4:36 PM
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1717 | Humane Societies › Section 1717.01 | Humane Society Definitions.

Effective:
March 31, 2021
Latest Legislation:
House Bill 24 - 133rd General Assembly
As used in sections 1717.01 to 1717.18 of the Revised Code, 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) "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.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1717 | Humane Societies › Section 1717.02 | Objects and Powers of Humane Societies.

Effective:
March 31, 2021
Latest Legislation:
House Bill 24 - 133rd General Assembly
The objects of all societies organized under section 1717.05 of the Revised Code shall be the inculcation of humane principles and the enforcement of laws for the prevention of cruelty to animals. To promote those objects such societies may acquire property, real or personal, by purchase or gift. All property acquired by such a society, by gift, devise, or bequest, for special purposes, shall be vested in its board of trustees, which shall consist of three members elected by the society. The board shall manage such property and apply it in accordance with the terms of the gift, devise, or bequest, and may sell it and reinvest the proceeds.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1717 | Humane Societies › Section 1717.05 | County Humane Societies.

Effective:
March 31, 2021
Latest Legislation:
House Bill 24 - 133rd General Assembly
(A) A county humane society for the prevention of acts of cruelty to animals may be organized in any county by the association of not less than seven persons.
(B) The members of a county humane society, at a meeting called for the purpose, shall elect not less than three of their members as its board of directors, and such directors continue in office until their successors are duly chosen.
(C) The secretary or clerk of the meeting shall make a true record of the proceedings thereat and certify and forward the record to the secretary of state, who shall record it. The record must contain the name by which the association is to be known. On and after its filing with the secretary of state, the board of directors and the associates and their successors, have the powers, privileges, and immunities incident to incorporated companies. A copy of the record, certified by the secretary of state, must be taken in all courts and places in this state as evidence that the county humane society is a duly organized and incorporated body.
(D) A county humane society may elect officers, and make rules, regulations, and bylaws, as are deemed expedient by its members for its own government and the proper management of its affairs.
(E) A humane society that organized as a branch of the Ohio humane society prior to the effective date of this amendment shall continue to have the same powers and duties that were authorized on March 1, 2019. Such a humane society is considered to be a county humane society organized under this section for purposes of this chapter and any other laws regarding county humane societies.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1717 | Humane Societies › Section 1717.061 | Qualifications for Appointment as Qualified Humane Society Agent.

Effective:
March 31, 2021
Latest Legislation:
House Bill 24 - 133rd General Assembly
In order to qualify for appointment as a humane society agent under section 1717.06 of the Revised Code, an individual shall do both of the following:
(A) 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.
(B) Present proof of successful completion of training, that has been signed by the chief executive officer of the organization or entity that provided the training, or the officer's designee, to the current active approving authority for approval.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1717 | Humane Societies › Section 1717.062 | Revocation of Humane Society Agent Appointment Based on Qualifications.

Effective:
March 31, 2021
Latest Legislation:
House Bill 24 - 133rd General Assembly
(A) An individual who has reasonable cause to believe that a humane society agent has not successfully completed the training that is required under section 1717.061 of the Revised Code or who has reasonable cause to believe that an agent's proof of successful completion of training contains false or misleading information may file a complaint, in the form of a affidavit sworn to by the individual, with the current acting authority that is responsible for considering approval of agent appointments within the jurisdiction. The authority shall notify the agent's humane society, and shall investigate the complaint.
(B) If the authority finds that the agent has not provided signed proof of successful completion of training as required under section 1717.061 of the Revised Code, the authority shall provide written notification to the agent's humane society to inform the society that the agent has a right to cure period of thirty days from the date of the notification. If the agent has not provided signed proof by the end of the right to cure period, the authority shall rescind the approval of the appointment and order the applicable humane society to revoke the appointment.
(C) If the authority finds that the agent knowingly provided proof of successful completion of training that contains false or misleading information, the authority shall rescind the approval of the appointment and order the applicable humane society to revoke the appointment.
(D) The applicable humane society shall file written notice with the county sheriff of the revocation under this section of a humane society agent's appointment.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1717 | Humane Societies › Section 1717.07 | Salary of Agents.

Effective:
March 31, 2021
Latest Legislation:
House Bill 24 - 133rd General Assembly
Upon the approval by the mayor of a municipal corporation of the appointment of an agent under section 1717.06 of the Revised Code, the legislative authority of such municipal corporation shall pay monthly to such agent, from the general revenue fund of the municipal corporation, the salary that the legislative authority considers just and reasonable. Upon the approval by the probate judge of a county of such an appointment, the board of county commissioners of the county shall pay monthly to the agent, from the general fund of the county, or from the dog and kennel fund of the county, the salary that the board considers just and reasonable. Such board and such legislative authority may agree upon the amount each is to pay the agent monthly. The salary to be paid monthly to the agent by the legislative authority of a village shall be not less than twenty-five dollars; by the legislative authority of a city, not less than one hundred twenty-five dollars; and by the board of county commissioners of a county, not less than one hundred fifty dollars. Beginning January 1, 2020, and on the first day of January every five years thereafter, these minimum salary amounts shall increase by five dollars. Not more than one such agent in each county shall receive remuneration from the board under this section.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1717 | Humane Societies › Section 1717.08 | Police Powers of Officers, Agents, and Members.

Effective:
March 31, 2021
Latest Legislation:
House Bill 24 - 133rd General Assembly
An officer, agent, or member of a county humane society may interfere to prevent the perpetration of any act of cruelty to animals in the officer's, agent's, or member's presence, may use such force as is necessary to prevent it, and to that end may summon to the officer's, agent's, or member's aid any bystanders.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1717 | Humane Societies › Section 1717.09 | Member May Require Police to Act.

Effective:
March 31, 2021
Latest Legislation:
House Bill 24 - 133rd General Assembly
A member of a county humane society may require the sheriff of any county, the constable of any township, the marshal or a 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 animals, and to take possession of any animal cruelly treated in their respective counties or municipal corporations, and deliver such animal to the proper officers of the society.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1717 | Humane Societies › Section 1717.10 | Fees.

Effective:
March 31, 2021
Latest Legislation:
House Bill 24 - 133rd General Assembly
For all services rendered in carrying out sections 1717.01 to1717.18 of the Revised Code, a sheriff, constable, marshal, or police officer shall be paid such fees as the sheriff, constable, marshal, or police officer is allowed for like services in other cases. Such fees must be charged as costs, and reimbursed to the humane society by the person convicted.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1717 | Humane Societies › Section 1717.11 | Liability to Owner in Damages.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A person guilty of cruelty to an animal which is the property of another shall be liable to the owner of the animal in damages, in addition to the penalties prescribed by law.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1717 | Humane Societies › Section 1717.12 | Conviction of Agent No Bar to Action Against Employer.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The conviction of an agent or employee of cruelty to animals does not bar an action for cruelty to animals against his employer for allowing a state of facts to exist which will induce cruelty to animals on the part of such agent or employee.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1717 | Humane Societies › Section 1717.13 | Any Person May Protect Animal.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When, in order to protect any animal from neglect, it is necessary to take possession of it, any person may do so. When an animal is impounded or confined, and continues without necessary food, water, or proper attention for more than fifteen successive hours, any person may, as often as is necessary, enter any place in which the animal is impounded or confined and supply it with necessary food, water, and attention, so long as it remains there, or, if necessary or convenient, he may remove such animal; and he shall not be liable to an action for such entry. In all cases the owner or custodian of such animal, if known to such person, immediately shall be notified by him of such action. If the owner or custodian is unknown to such person, and cannot with reasonable effort be ascertained by him, such animal shall be considered an estray and dealt with as such.
The necessary expenses for food and attention given to an animal under this section may be collected from the owner of such animal, and the animal shall not be exempt from levy and sale upon execution issued upon a judgment for such expenses.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1717 | Humane Societies › Section 1717.15 | Board of County Commissioners May Make Yearly Appropriation.

Effective:
October 14, 1963
Latest Legislation:
House Bill 637 - 105th General Assembly
The board of county commissioners may, at the end of each year, make a yearly appropriation to the county humane society from the general fund of the county of such funds as the board deems reasonable. Such funds are to supplement any gifts, funds received from the dog and kennel fund, and any other funds received by the society and are to be used to carry out the activities of the society.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1717 | Humane Societies › Section 1717.16 | Enforcement Activity Reports.

Effective:
March 31, 2021
Latest Legislation:
House Bill 24 - 133rd General Assembly
(A) Annually, a county humane society shall submit enforcement activity reports to the county sheriff.
(B) Records of an enforcement activity by a humane society agent are public records under section 149.43 of the Revised Code, except that any such records that are confidential law enforcement investigatory records, as defined in division (A)(2) of section 149.43 of the Revised Code, are not public records.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1717 | Humane Societies › Section 1717.17 | Humane Society Agent Removal From Office for Just Cause.

Effective:
March 31, 2021
Latest Legislation:
House Bill 24 - 133rd General Assembly
(A) A probate judge of a county in which a humane society agent operates may revoke the approval of an appointment for just cause, under the procedure established in division (B) of this section.
(B)(1) A movant may commence the procedure by filing with the probate court a motion to revoke the appointment, in the form of an affidavit sworn to by the movant, describing the conduct that constitutes just cause for the motion. The probate judge, upon a review of the facts, may dismiss the motion without a hearing, or shall direct the clerk of the probate court to serve the humane society agent and the humane society with a summons and a copy of the motion and any accompanying memorandum in accordance with the Rules of Civil Procedure. The summons must state the time and place at which the probate court will conduct a hearing on the motion.
(2) The humane society agent may waive the right to a hearing. If the humane society agent waives the right to a hearing, the probate judge shall revoke the humane society agent's approval of appointment as prayed for in the motion. If the humane society agent does not waive the right to a hearing, the probate judge shall conduct a hearing on the motion.
(3) The humane society agent is entitled to the assistance of counsel at the hearing. The Rules of Evidence govern conduct of the hearing. At the hearing, the movant has the burden of proving, by a preponderance of the evidence, that just cause exists for the revocation of the humane society agent's appointment.
(4) If, after the hearing, the probate judge finds that the movant has not sustained the burden of proof, the probate judge shall deny the motion. If, after the hearing, the probate judge finds that the movant has sustained the burden of proof, the probate judge shall grant the motion and revoke the humane society agent's approval of appointment.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1717 | Humane Societies › Section 1717.18 | Nonprosecution Agreements.

Effective:
March 31, 2021
Latest Legislation:
House Bill 24 - 133rd General Assembly
(A) A humane society may not enter into a written agreement with a person, wherein the humane society agrees not to prosecute the person for an alleged violation of law, unless the proposed agreement has been reviewed and approved by the judge that has presided over the hearing that is required to determine if the officer had probable cause to seize the animal, and which is related to the case that is the subject of the agreement. As part of the review, if bond has previously been set, the judge shall reconsider whether or not the amount of the bond determined by the court to be needed for the animal's care is necessary and reasonable. A judge shall not approve a nonprosecution agreement that requires a person to provide financial compensation that is in excess of what is necessary and reasonable for the animal's care for the duration of the impoundment.
(B) A nonprosecution agreement between a humane society and a person, as described in division (A) of this section, is void and unenforceable unless it has been approved under division (A) of this section.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1719 | Charitable Trusts › Section 1719.01 | Incorporation of Charitable Trusts.

Effective:
October 11, 1955
Latest Legislation:
House Bill 70 - 101st General Assembly
When any person by deed or will grants or devises property and money, or either, to trustees in perpetuity, in trust, stipulating that the principal and income, or any part of the principal and income thereof, is to be used and applied by said trustees and their successors in office for educational, charitable, or benevolent purposes, to be conducted in this state, and when such deed or will provides that the trustees shall become a body corporate to hold and invest said property and money and to administer said trust, said trustees upon accepting said trust shall file with the secretary of state articles of incorporation as provided by section 1702.04 of the Revised Code, together with a certified copy of such deed or will, and thereupon said trustees and their successors in office shall become a corporation not for profit to administer said trust, and said trustees shall forthwith become the board of trustees of such corporation for such term as is prescribed by such deed or will or by the code of regulations of such corporation. The members of the board of trustees and their successors, during their respective terms of office, shall be the members of the corporation.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1719 | Charitable Trusts › Section 1719.02 | Code of Regulations.

Effective:
October 11, 1955
Latest Legislation:
House Bill 70 - 101st General Assembly
A charitable trust incorporated as provided in section 1719.01 of the Revised Code shall adopt and maintain a code of regulations for its government, and for the administration of the trust, in conformity with the deed or will. Such regulations shall provide for the election or appointment of the trustees of said corporation and their successors, and for the terms of office of such trustees and their successors, so as to conform to such deed or will. If such deed or will contains no provision as to the manner of electing or appointing the trustees or as to their terms of office, they shall be elected or appointed in the manner and for the term provided by section 1702.04 and sections 1702.26 to 1702.29, inclusive, of the Revised Code or by the code of regulations adopted pursuant thereto.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1719 | Charitable Trusts › Section 1719.03 | Officers.

Effective:
October 31, 1967
Latest Legislation:
Senate Bill 75 - 107th General Assembly
The officers of a charitable trust incorporated as provided in section 1719.01 of the Revised Code, shall be a president, a vice-president, a treasurer and a secretary. The board may create other offices deemed necessary or designated by such deed or will.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1719 | Charitable Trusts › Section 1719.04 | Subsequent Grant or Devise.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The board of trustees of a charitable trust incorporated as provided in section 1719.01 of the Revised Code, may accept any subsequent grant or devise of money or property made to it or to such corporation in perpetuity, in trust, the principal or income of which, or any part thereof as may be provided by such grant or devise, is to be used and applied for the purposes for which the original trust was established. In such case said money or property shall be invested and administered in accordance with the code of regulations of such corporation. A certified copy of the deed or will making such grant or devise shall be filed with the secretary of state to be placed with the articles of incorporation and other papers relating to such corporation which are on file in his office.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1719 | Charitable Trusts › Section 1719.05 | Prosecuting Attorney May Enforce Administration of Trust - Annual Financial Report.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The prosecuting attorney of the county in which a charitable trust incorporated as provided in section 1719.01 of the Revised Code has its general office may examine the accounts and records of such corporation, and may proceed by action in the proper courts to enforce the administration of the trust and the investment and application of its funds and property in accordance with the deed or will creating it.
A copy of the annual financial report of the corporation showing the condition of said trust shall be filed with the probate judge of said county each year.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1719 | Charitable Trusts › Section 1719.06 | Incorporation of Charitable Trusts in Certain Special Cases.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When, by his will, admitted to probate in this state or elsewhere, a decedent devises or bequeaths his property, or a portion thereof, for charitable uses within this state, or for the establishment and maintenance of an industrial or educational school or institution to be located within this state; when such will provides that the executor shall organize a corporation under the laws of this state to receive such property, to carry out the charitable purposes therein expressed, or to establish and maintain the institution or school therein provided for; and when such will further provides for the management of such corporation by a board of trustees or directors, consisting in part of officials of this state, of the county in which such charities are to be administered or such institution or school is to be located, or of any municipal corporation in such county, and of the member of congress for the district of which it forms a part, or of any of such officials, and names others to be associated with them, and provides for the appointment of successors to such persons named to act with such officials, such executor, or his successor, and the persons named in section 1719.07 of the Revised Code may constitute themselves a body corporate, with the general powers of benevolent corporations.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1719 | Charitable Trusts › Section 1719.07 | Articles of Incorporation.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The executor or executors, or his or their successors , of a will providing for a charitable trust as specified in section 1719.06 of the Revised Code shall associate with himself or themselves not more than two citizens and residents, other than the persons named in such will, of the county in which the charities are to be administered, or such institution or school located, and he or they and such associates shall execute, acknowledge, and file with the secretary of state articles of incorporation. After the probate of such a will, and if within six months of such probate he or they do not file such articles, then a minority of the officials for the time being named in such will may execute, acknowledge, and file them, and therein must set forth:
(A) A copy of the will to carry out whose provisions the corporation is organized;
(B) The name of the corporation, including the name of the testator unless the will otherwise provides;
(C) The location of such corporation.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1719 | Charitable Trusts › Section 1719.08 | Members and Directors.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The officials named in a will providing for a charitable trust as specified in section 1719.06 of the Revised Code, the other persons therein named, and, in case the articles are filed by the executor, the not more than two citizens and residents of the county in which the charities are to be administered or the institution or school located who execute and acknowledge them with such executor, shall, upon the filing of the articles, become the members and directors of the corporation. As the term of any such official expires, his successor, by virtue of his office, thereupon shall become one of the members and directors of such corporation.
Upon the death or resignation of any person named in such will as a director associated with such officials, his successor shall be appointed in the manner provided in such will if it makes provision therefor, or by the board of directors if it does not, and shall thereupon become a member and director of the corporation. Upon the death or resignation of either of the two citizens of the county, who have become directors by reason of joining in such articles of incorporation, his successor shall be chosen by the board and thereupon shall become a member and director of the corporation.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1719 | Charitable Trusts › Section 1719.09 | Site of Directors' Meetings.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Until the estate is finally settled, the board of directors of a charitable trust incorporated as provided in sections 1719.06 to 1719.12, inclusive, of the Revised Code, may meet in the state of the domicile of the testator.
2023 Ohio Revised Code › Title 17 | Corporations-Partnerships › Chapter 1719 | Charitable Trusts › Section 1719.10 | Officers.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The officers of a charitable trust incorporated under sections 1719.06 to 1719.12, inclusive, of the Revised Code, shall consist of a president, a secretary, a treasurer, and such others as the board of directors deems necessary. The president shall be a member of such board.