As Introduced
134th General Assembly
Regular Session S. B. No. 164
2021-2022
Senators Hottinger, Yuko
Cosponsors: Senators Romanchuk, Craig
A BILL
To amend sections 959.06, 959.131, 959.99, and 2901.01 of the Revised Code to revise the law and penalties associated with companion animal cruelty and to prohibit the destruction of a domestic animal by the use of a gas chamber.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 959.06, 959.131, 959.99, and 2901.01 of the Revised Code be amended to read as follows:
Sec. 959.06. (A) As used in this section, "animal shelter" means a facility operated by a humane society or any society organized under Chapter 1717. of the Revised Code, a dog pound operated pursuant to Chapter 955. of the Revised Code, or a local animal shelter that is operated by any entity of local government.
(B)
No
person shall recklessly
destroy
any domestic animal by the use of a
either
of
the following:
(1) A high altitude decompression chamber;
or
by
any
(2) Any method other than a method that immediately and painlessly renders the domestic animal initially unconscious and subsequently dead.
(B)
(C)(1)
Except as provided in division (C)(2) of this section, no animal
shelter shall recklessly destroy a domestic animal by the use of a
carbon monoxide gas chamber, carbon dioxide gas chamber, or any other
nonanesthetic inhalant.
(2) An animal shelter may destroy a domestic animal by the use of a carbon monoxide gas chamber, carbon dioxide gas chamber, or any other nonanesthetic inhalant if the state veterinary medical licensing board, in consultation with the state board of pharmacy, declares that there is a shortage of approved lethal injection substances.
(D) This section does not apply to or prohibit the destruction of an animal under Chapter 941. of the Revised Code, the slaughtering of livestock under Chapter 945. of the Revised Code, or the taking of any wild animal, as defined in section 1531.01 of the Revised Code, when taken in accordance with Chapter 1533. of the Revised Code.
(E) This section does not apply to either of the following:
(1) The lawful practice of veterinary medicine by a person who has been issued a license, temporary permit, or registration certificate under Chapter 4741. of the Revised Code;
(2) An animal used in scientific research conducted by a research facility in accordance with the federal animal welfare act and related regulations. As used in division (E)(2) of this section, "federal animal welfare act" has the same meaning as in section 959.131 of the Revised Code.
Sec. 959.131. (A) As used in this section:
(1) "Companion animal" means any animal that is kept inside a residential dwelling and any dog or cat regardless of where it is kept, including a pet store as defined in section 956.01 of the Revised Code. "Companion animal" does not include livestock or any wild animal.
(2) "Cruelty," "torment," and "torture" have the same meanings as in section 1717.01 of the Revised Code.
(3) "Residential dwelling" means a structure or shelter or the portion of a structure or shelter that is used by one or more humans for the purpose of a habitation.
(4) "Practice of veterinary medicine" has the same meaning as in section 4741.01 of the Revised Code.
(5) "Wild animal" has the same meaning as in section 1531.01 of the Revised Code.
(6) "Federal animal welfare act" means the "Laboratory Animal Act of 1966," Pub. L. No. 89-544, 80 Stat. 350 (1966), 7 U.S.C.A. 2131 et seq., as amended by the "Animal Welfare Act of 1970," Pub. L. No. 91-579, 84 Stat. 1560 (1970), the "Animal Welfare Act Amendments of 1976," Pub. L. No. 94-279, 90 Stat. 417 (1976), and the "Food Security Act of 1985," Pub. L. No. 99-198, 99 Stat. 1354 (1985), and as it may be subsequently amended.
(7)
"Dog kennel" means an animal rescue for dogs
that
is registered under section 956.06 of the Revised Code,
a boarding kennel, or a training kennel.
(8)
"Boarding kennel" has
and
"animal rescue for dogs" have the
same meaning
meanings
as
in section 956.01 of the Revised Code.
(9) "Training kennel" means an establishment operating for profit that keeps, houses, and maintains dogs for the purpose of training the dogs in return for a fee or other consideration.
(10) "Livestock" means horses, mules, and other equidae; cattle, sheep, goats, and other bovidae; swine and other suidae; poultry; alpacas; llamas; captive white-tailed deer; and any other animal that is raised or maintained domestically for food or fiber.
(11) "Captive white-tailed deer" has the same meaning as in section 1531.01 of the Revised Code.
(12)
"Serious physical harm" means any of the following:
(a)
Physical harm that carries an unnecessary or unjustifiable
substantial risk of death;
(b)
Physical harm that involves either partial or total permanent
incapacity;
(c)
Physical harm that involves acute pain of a duration that results in
substantial suffering or that involves any degree of prolonged or
intractable pain;
(d)
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.
(B)(1)
No
person shall knowingly torture, torment, needlessly mutilate or maim,
cruelly beat, poison, needlessly
kill, or
commit an act of cruelty against a companion animal.
(2) No person shall knowingly needlessly kill a companion animal or do any of the following, unnecessarily or unjustifiably, to a companion animal that causes acute pain that results in substantial suffering, prolonged or intractable pain, or that carries a substantial risk of death to the companion animal:
(a) Cruelly beat;
(b) Mutilate or maim;
(c) Poison.
(C)(1)
No
person shall knowingly cause
serious physical harm to do
any of the following, unnecessarily or unjustifiably, to a
companion animal
that
proximately causes the companion animal's death:
(a) Cruelly beat;
(b) Mutilate or maim;
(c) Poison.
(2) No person shall knowingly organize, promote, aid, or abet in violating division (C)(1) of this section.
(D) No person who confines or who is the custodian or caretaker of a companion animal shall negligently do any of the following:
(1) Torture, torment, or commit an act of cruelty against the companion animal;
(2) Deprive the companion animal of necessary sustenance or confine the companion animal without supplying it during the confinement with sufficient quantities of good, wholesome 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 or due to the deprivation or confinement;
(3) Impound or confine 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 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.
(E) No person who confines or who is the custodian or caretaker of a companion animal shall recklessly deprive the companion animal of necessary sustenance or confine the companion animal without supplying it during the confinement with sufficient quantities of good, wholesome food and water.
(F) No owner, manager, or employee of a dog kennel who confines or is the custodian or caretaker of a companion animal shall knowingly do any of the following:
(1) Torture, torment, needlessly mutilate or maim, cruelly beat, poison, needlessly kill, or commit an act of cruelty against the companion animal;
(2)
Deprive the companion animal of necessary sustenance or confine the
companion animal without supplying it during the confinement with
sufficient quantities of good, wholesome food and water if it is
can
reasonably
be
expected
that the companion animal would die
or experience unnecessary or unjustifiable pain or suffering become
sick or suffer in any other way as
a result of or
due to the
deprivation or confinement;
(3)
Impound or confine 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 if it is
can
reasonably
be
expected
that the companion animal would die
or experience unnecessary or unjustifiable pain or suffering become
sick or suffer in any other way as
a result of or due to the lack of adequate shelter.
(F)
(G)
No
owner, manager, or employee of a dog kennel who confines or is the
custodian or caretaker of a companion animal shall negligently do any
of the following:
(1) Torture, torment, or commit an act of cruelty against the companion animal;
(2) Deprive the companion animal of necessary sustenance or confine the companion animal without supplying it during the confinement with sufficient quantities of good, wholesome 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 or due to the deprivation or confinement;
(3) Impound or confine 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 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.
(G)
(H)
Divisions
(B), (C), (D), (E), and
(F),
and (G)
of
this section do not apply to any of the following:
(1) A companion animal used in scientific research conducted by an institution in accordance with the federal animal welfare act and related regulations;
(2) The lawful practice of veterinary medicine by a person who has been issued a license, temporary permit, or registration certificate to do so under Chapter 4741. of the Revised Code;
(3) Dogs being used or intended for use for hunting or field trial purposes, provided that the dogs are being treated in accordance with usual and commonly accepted practices for the care of hunting dogs;
(4) The use of common training devices, if the companion animal is being treated in accordance with usual and commonly accepted practices for the training of animals;
(5) The administering of medicine to a companion animal that was properly prescribed by a person who has been issued a license, temporary permit, or registration certificate under Chapter 4741. of the Revised Code.
(H)
(I)
Notwithstanding
any section of the Revised Code that otherwise provides for the
distribution of fine moneys, the clerk of court shall forward all
fines the clerk collects that are so imposed for any violation of
this section to the treasurer of the political subdivision or the
state, whose county humane society or law enforcement agency is to be
paid the fine money as determined under this division. The treasurer
to whom the fines are forwarded shall pay the fine moneys to the
county humane society or the county, township, municipal corporation,
or state law enforcement agency in this state that primarily was
responsible for or involved in the investigation and prosecution of
the violation. If a county humane society receives any fine moneys
under this division, the county humane society shall use the fine
moneys either to provide the training that is required for humane
society agents under section 1717.061 of the Revised Code or to
provide additional training for humane society agents.
Sec. 959.99. (A) Whoever violates section 959.18 or 959.19 of the Revised Code is guilty of a minor misdemeanor.
(B) Except as otherwise provided in this division, whoever violates section 959.02 of the Revised Code is guilty of a misdemeanor of the second degree. If the value of the animal killed or the injury done amounts to three hundred dollars or more, whoever violates section 959.02 of the Revised Code is guilty of a misdemeanor of the first degree.
(C) Whoever violates section 959.03, 959.06, division (C) of section 959.09, 959.12, or 959.17 or division (A) of section 959.15 of the Revised Code is guilty of a misdemeanor of the fourth degree.
(D) Whoever violates division (A) of section 959.13 or section 959.21 of the Revised Code is guilty of a misdemeanor of the second degree. In addition, the court may order the offender to forfeit the animal or livestock and may provide for its disposition, including, but not limited to, the sale of the animal or livestock. If an animal or livestock is forfeited and sold pursuant to this division, the proceeds from the sale first shall be applied to pay the expenses incurred with regard to the care of the animal from the time it was taken from the custody of the former owner. The balance of the proceeds from the sale, if any, shall be paid to the former owner of the animal.
(E)(1)
Whoever violates division (B)(B)(1)
or (E)
of
section 959.131 of the Revised Code is guilty of a misdemeanor of the
first degree on a first offense and a felony of the fifth degree on
each subsequent offense.
(2) Whoever violates division (B)(2) of section 959.131 of the Revised Code is guilty of a felony of the fifth degree.
(3)
Whoever
violates division (C)(C)(1)
of
section 959.131 of the Revised Code is guilty of a felony of the
fifth
fourth
degree.
(3)
(4)
Conduct of the type described in division (C)(2) of section 959.131
of the Revised Code shall not be prosecuted under section 2923.03 of
the Revised Code, but rather shall be prosecuted as a violation of
division (C)(2) of section 959.131 of the Revised Code. Whoever
violates division (C)(2) of section 959.131 of the Revised Code is
guilty of a felony of the fifth degree.
(5) Whoever violates section 959.01 of the Revised Code or division (D) of section 959.131 of the Revised Code is guilty of a misdemeanor of the second degree on a first offense and a misdemeanor of the first degree on each subsequent offense.
(4)
(6)
Whoever
violates division (E)
(F)
of
section 959.131 of the Revised Code is guilty of a felony of the
fifth degree.
(5)
(7)
Whoever
violates division (F)
(G)
of
section 959.131 of the Revised Code is guilty of a misdemeanor of the
first degree.
(6)(a)
(8)(a)
A
court may order a person who is convicted of or pleads guilty to a
violation of section 959.131 of the Revised Code to forfeit to an
impounding agency, as defined in section 959.132 of the Revised Code,
any or all of the companion animals in that person's ownership or
care. The court also may prohibit or place limitations on the
person's ability to own or care for any companion animals for a
specified or indefinite period of time.
(b) A court may order a person who is convicted of or pleads guilty to a violation of division (A) of section 959.13 or section 959.131 of the Revised Code to reimburse an impounding agency for the reasonable and necessary costs incurred by the agency for the care of an animal or livestock that the agency impounded as a result of the investigation or prosecution of the violation, provided that the costs were not otherwise paid under section 959.132 of the Revised Code.
(7)
(9)
If
a court has reason to believe that a person who is convicted of or
pleads guilty to a violation of section 959.131 or 959.21 of the
Revised Code suffers from a mental or emotional disorder that
contributed to the violation, the court may impose as a community
control sanction or as a condition of probation a requirement that
the offender undergo psychological evaluation or counseling. The
court shall order the offender to pay the costs of the evaluation or
counseling.
(F) Whoever violates section 959.14 of the Revised Code is guilty of a misdemeanor of the second degree on a first offense and a misdemeanor of the first degree on each subsequent offense.
(G) Whoever violates section 959.05 or 959.20 of the Revised Code is guilty of a misdemeanor of the first degree.
(H) Whoever violates section 959.16 of the Revised Code is guilty of a felony of the fourth degree for a first offense and a felony of the third degree on each subsequent offense.
(I) Whoever violates division (B) or (C) of section 959.15 of the Revised Code is guilty of a felony and shall be fined not more than ten thousand dollars.
Sec. 2901.01. (A) As used in the Revised Code:
(1) "Force" means any violence, compulsion, or constraint physically exerted by any means upon or against a person or thing.
(2) "Deadly force" means any force that carries a substantial risk that it will proximately result in the death of any person.
(3) "Physical harm to persons" means any injury, illness, or other physiological impairment, regardless of its gravity or duration.
(4) "Physical harm to property" means any tangible or intangible damage to property that, in any degree, results in loss to its value or interferes with its use or enjoyment. "Physical harm to property" does not include wear and tear occasioned by normal use.
(5) "Serious physical harm to persons" means any of the following:
(a) Any mental illness or condition of such gravity as would normally require hospitalization or prolonged psychiatric treatment;
(b) Any physical harm that carries a substantial risk of death;
(c) Any physical harm that involves some permanent incapacity, whether partial or total, or that involves some temporary, substantial incapacity;
(d) Any physical harm that involves some permanent disfigurement or that involves some temporary, serious disfigurement;
(e) Any physical harm that involves acute pain of such duration as to result in substantial suffering or that involves any degree of prolonged or intractable pain.
(6) "Serious physical harm to property" means any physical harm to property that does either of the following:
(a) Results in substantial loss to the value of the property or requires a substantial amount of time, effort, or money to repair or replace;
(b) Temporarily prevents the use or enjoyment of the property or substantially interferes with its use or enjoyment for an extended period of time.
(7) "Risk" means a significant possibility, as contrasted with a remote possibility, that a certain result may occur or that certain circumstances may exist.
(8) "Substantial risk" means a strong possibility, as contrasted with a remote or significant possibility, that a certain result may occur or that certain circumstances may exist.
(9) "Offense of violence" means any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.21, 2903.211, 2903.22, 2905.01, 2905.02, 2905.11, 2905.32, 2907.02, 2907.03, 2907.05, 2909.02, 2909.03, 2909.24, 2911.01, 2911.02, 2911.11, 2917.01, 2917.02, 2917.03, 2917.31, 2919.25, 2921.03, 2921.04, 2921.34, or 2923.161, of division (A)(1) of section 2903.34, of division (A)(1), (2), or (3) of section 2911.12, or of division (B)(1), (2), (3), or (4) of section 2919.22 of the Revised Code or felonious sexual penetration in violation of former section 2907.12 of the Revised Code;
(b) A violation of an existing or former municipal ordinance or law of this or any other state or the United States, substantially equivalent to any section, division, or offense listed in division (A)(9)(a) of this section;
(c) An offense, other than a traffic offense, under an existing or former municipal ordinance or law of this or any other state or the United States, committed purposely or knowingly, and involving physical harm to persons or a risk of serious physical harm to persons;
(d) A conspiracy or attempt to commit, or complicity in committing, any offense under division (A)(9)(a), (b), or (c) of this section;
(e) A violation of section 959.131 of the Revised Code that is a misdemeanor of the first degree or a felony.
(10)(a) "Property" means any property, real or personal, tangible or intangible, and any interest or license in that property. "Property" includes, but is not limited to, cable television service, other telecommunications service, telecommunications devices, information service, computers, data, computer software, financial instruments associated with computers, other documents associated with computers, or copies of the documents, whether in machine or human readable form, trade secrets, trademarks, copyrights, patents, and property protected by a trademark, copyright, or patent. "Financial instruments associated with computers" include, but are not limited to, checks, drafts, warrants, money orders, notes of indebtedness, certificates of deposit, letters of credit, bills of credit or debit cards, financial transaction authorization mechanisms, marketable securities, or any computer system representations of any of them.
(b) As used in division (A)(10) of this section, "trade secret" has the same meaning as in section 1333.61 of the Revised Code, and "telecommunications service" and "information service" have the same meanings as in section 2913.01 of the Revised Code.
(c) As used in divisions (A)(10) and (13) of this section, "cable television service," "computer," "computer software," "computer system," "computer network," "data," and "telecommunications device" have the same meanings as in section 2913.01 of the Revised Code.
(11) "Law enforcement officer" means any of the following:
(a) A sheriff, deputy sheriff, constable, police officer of a township or joint police district, marshal, deputy marshal, municipal police officer, member of a police force employed by a metropolitan housing authority under division (D) of section 3735.31 of the Revised Code, or state highway patrol trooper;
(b) An officer, agent, or employee of the state or any of its agencies, instrumentalities, or political subdivisions, upon whom, by statute, a duty to conserve the peace or to enforce all or certain laws is imposed and the authority to arrest violators is conferred, within the limits of that statutory duty and authority;
(c) A mayor, in the mayor's capacity as chief conservator of the peace within the mayor's municipal corporation;
(d) A member of an auxiliary police force organized by county, township, or municipal law enforcement authorities, within the scope of the member's appointment or commission;
(e) A person lawfully called pursuant to section 311.07 of the Revised Code to aid a sheriff in keeping the peace, for the purposes and during the time when the person is called;
(f) A person appointed by a mayor pursuant to section 737.01 of the Revised Code as a special patrolling officer during riot or emergency, for the purposes and during the time when the person is appointed;
(g) A member of the organized militia of this state or the armed forces of the United States, lawfully called to duty to aid civil authorities in keeping the peace or protect against domestic violence;
(h) A prosecuting attorney, assistant prosecuting attorney, secret service officer, or municipal prosecutor;
(i) A veterans' home police officer appointed under section 5907.02 of the Revised Code;
(j) A member of a police force employed by a regional transit authority under division (Y) of section 306.35 of the Revised Code;
(k) A special police officer employed by a port authority under section 4582.04 or 4582.28 of the Revised Code;
(l) The house of representatives sergeant at arms if the house of representatives sergeant at arms has arrest authority pursuant to division (E)(1) of section 101.311 of the Revised Code and an assistant house of representatives sergeant at arms;
(m) The senate sergeant at arms and an assistant senate sergeant at arms;
(n) A special police officer employed by a municipal corporation at a municipal airport, or other municipal air navigation facility, that has scheduled operations, as defined in section 119.3 of Title 14 of the Code of Federal Regulations, 14 C.F.R. 119.3, as amended, and that is required to be under a security program and is governed by aviation security rules of the transportation security administration of the United States department of transportation as provided in Parts 1542. and 1544. of Title 49 of the Code of Federal Regulations, as amended.
(12) "Privilege" means an immunity, license, or right conferred by law, bestowed by express or implied grant, arising out of status, position, office, or relationship, or growing out of necessity.
(13) "Contraband" means any property that is illegal for a person to acquire or possess under a statute, ordinance, or rule, or that a trier of fact lawfully determines to be illegal to possess by reason of the property's involvement in an offense. "Contraband" includes, but is not limited to, all of the following:
(a) Any controlled substance, as defined in section 3719.01 of the Revised Code, or any device or paraphernalia;
(b) Any unlawful gambling device or paraphernalia;
(c) Any dangerous ordnance or obscene material.
(14) A person is "not guilty by reason of insanity" relative to a charge of an offense only if the person proves, in the manner specified in section 2901.05 of the Revised Code, that at the time of the commission of the offense, the person did not know, as a result of a severe mental disease or defect, the wrongfulness of the person's acts.
(B)(1)(a) Subject to division (B)(2) of this section, as used in any section contained in Title XXIX of the Revised Code that sets forth a criminal offense, "person" includes all of the following:
(i) An individual, corporation, business trust, estate, trust, partnership, and association;
(ii) An unborn human who is viable.
(b) As used in any section contained in Title XXIX of the Revised Code that does not set forth a criminal offense, "person" includes an individual, corporation, business trust, estate, trust, partnership, and association.
(c) As used in division (B)(1)(a) of this section:
(i) "Unborn human" means an individual organism of the species Homo sapiens from fertilization until live birth.
(ii) "Viable" means the stage of development of a human fetus at which there is a realistic possibility of maintaining and nourishing of a life outside the womb with or without temporary artificial life-sustaining support.
(2) Notwithstanding division (B)(1)(a) of this section, in no case shall the portion of the definition of the term "person" that is set forth in division (B)(1)(a)(ii) of this section be applied or construed in any section contained in Title XXIX of the Revised Code that sets forth a criminal offense in any of the following manners:
(a) Except as otherwise provided in division (B)(2)(a) of this section, in a manner so that the offense prohibits or is construed as prohibiting any pregnant woman or her physician from performing an abortion with the consent of the pregnant woman, with the consent of the pregnant woman implied by law in a medical emergency, or with the approval of one otherwise authorized by law to consent to medical treatment on behalf of the pregnant woman. An abortion that violates the conditions described in the immediately preceding sentence may be punished as a violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.05, 2903.06, 2903.08, 2903.11, 2903.12, 2903.13, 2903.14, 2903.21, or 2903.22 of the Revised Code, as applicable. An abortion that does not violate the conditions described in the second immediately preceding sentence, but that does violate section 2919.12, division (B) of section 2919.13, or section 2919.15, 2919.151, 2919.17, or 2919.18 of the Revised Code, may be punished as a violation of section 2919.12, division (B) of section 2919.13, or section 2919.15, 2919.151, 2919.17, or 2919.18 of the Revised Code, as applicable. Consent is sufficient under this division if it is of the type otherwise adequate to permit medical treatment to the pregnant woman, even if it does not comply with section 2919.12 of the Revised Code.
(b) In a manner so that the offense is applied or is construed as applying to a woman based on an act or omission of the woman that occurs while she is or was pregnant and that results in any of the following:
(i) Her delivery of a stillborn baby;
(ii) Her causing, in any other manner, the death in utero of a viable, unborn human that she is carrying;
(iii) Her causing the death of her child who is born alive but who dies from one or more injuries that are sustained while the child is a viable, unborn human;
(iv) Her causing her child who is born alive to sustain one or more injuries while the child is a viable, unborn human;
(v) Her causing, threatening to cause, or attempting to cause, in any other manner, an injury, illness, or other physiological impairment, regardless of its duration or gravity, or a mental illness or condition, regardless of its duration or gravity, to a viable, unborn human that she is carrying.
(C) As used in Title XXIX of the Revised Code:
(1) "School safety zone" consists of a school, school building, school premises, school activity, and school bus.
(2) "School," "school building," and "school premises" have the same meanings as in section 2925.01 of the Revised Code.
(3) "School activity" means any activity held under the auspices of a board of education of a city, local, exempted village, joint vocational, or cooperative education school district; a governing authority of a community school established under Chapter 3314. of the Revised Code; a governing board of an educational service center, or the governing body of a school for which the state board of education prescribes minimum standards under section 3301.07 of the Revised Code.
(4) "School bus" has the same meaning as in section 4511.01 of the Revised Code.
Section 2. That existing sections 959.06, 959.131, 959.99, and 2901.01 of the Revised Code are hereby repealed.
Section 3. Section 959.99 of the Revised Code is presented in this act as a composite of the section as amended by both H.B. 24 and H.B. 33 of the 133rd General Assembly. The General Assembly, applying the principle stated in division (B) of section 1.52 of the Revised Code that amendments are to be harmonized if reasonably capable of simultaneous operation, finds that the composite is the resulting version of the section in effect prior to the effective date of the section as presented in this act.