As Passed by the Senate                       1            

122nd General Assembly                                             4            

   Regular Session                        Am. Sub. H. B. No. 425   5            

      1997-1998                                                    6            


 REPRESENTATIVES THOMPSON-HAINES-DAMSCHRODER-OPFER-HOUSEHOLDER-    8            

         KREBS-GARCIA-JOHNSON-BRADING-REID-VESPER-BOGGS-           9            

         CORE-OLMAN-HARRIS-METZGER-LEWIS-SALERNO-SAWYER-           10           

            SENATORS WHITE-GAETH-LATTA-CARNES-GARDNER              11           


                                                                   13           

                           A   B I L L                                          

             To amend sections 926.01, 926.021, 926.05, 926.06,    15           

                926.10, 926.16, 926.18, 926.19, 926.29, 926.30,    16           

                926.32, 926.99, and 4513.32 and to enact sections  17           

                926.051, 926.36, and 5577.042 of the Revised Code               

                to change the definition of an agricultural        18           

                commodity handler, to increase the total net       20           

                worth that an applicant for an agricultural        21           

                commodity handler's license must maintain, to                   

                increase the penalty for engaging in agricultural  22           

                commodity handling without a license, to make      23           

                other revisions to the law governing agricultural  25           

                commodity  handling, to permit certain pickup      26           

                trucks and straight trucks to tow at a speed not   27           

                exceeding 25 miles per hour not more than two                   

                vehicles carrying agricultural produce from the    28           

                farm to a local place of storage, and, except                   

                during the months of February and March, to allow  30           

                farm and log trucks and farm machinery, under      31           

                prescribed circumstances, to exceed by no more     32           

                than five per cent the established motor vehicle   33           

                weight limits on highways and bridges that are                  

                not part of the interstate system and are not      35           

                subject to reduced weight limits.                               

                                                          2      

                                                                 
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        37           

      Section 1.  That sections 926.01, 926.021, 926.05, 926.06,   39           

926.10, 926.16, 926.18, 926.19, 926.29, 926.30, 926.32, 926.99,    41           

and 4513.32 be amended and sections 926.051, 926.36, and 5577.042               

of the Revised Code be enacted to read as follows:                 44           

      Sec. 926.01.  As used in this chapter:                       53           

      (A)  "Agricultural commodity" means barley, corn, oats,      55           

rye, grain sorghum, soybeans, wheat, sunflower, speltz, and OR     56           

any other agricultural crop which the director of agriculture may  58           

designate by rule.  "Agricultural commodity" does not mean any     59           

grain that is purchased for sale as seed.                          60           

      (B)  "Agricultural commodity handling" or "handling" means:  62           

      (1)  Engaging in or participating in the business of         64           

purchasing an agricultural commodity for sale, resale,             65           

processing, or for any other use in THE FOLLOWING volumes          66           

exceeding ten:                                                     67           

      (a)  IN THE CASE OF PURCHASES MADE FROM PRODUCERS, MORE      69           

THAN THIRTY thousand bushels annually;                             70           

      (b)  IN THE CASE OF PURCHASES MADE FROM AGRICULTURAL         73           

COMMODITY HANDLERS, MORE THAN ONE HUNDRED THOUSAND BUSHELS         74           

ANNUALLY;                                                                       

      (c)  IN THE CASE OF TOTAL PURCHASES MADE FROM PRODUCERS      77           

COMBINED WITH TOTAL PURCHASES MADE FROM HANDLERS, MORE THAN ONE    78           

HUNDRED THOUSAND BUSHELS ANNUALLY.                                 79           

      (2)  Operating a warehouse as a bailee for the receiving,    81           

storing, shipping, or conditioning of an agricultural commodity;   82           

      (3)  Receiving into a warehouse an agricultural commodity    84           

purchased under a delayed price agreement;                         85           

      (4)  PROVIDING MARKETING FUNCTIONS, INCLUDING STORAGE,       87           

DELAYED PRICE MARKETING, DEFERRED PAYMENT, FEED AGREEMENTS, OR     88           

ANY OTHER MARKETING TRANSACTION WHEREBY CONTROL IS EXERTED OVER    89           

THE MONETARY PROCEEDS OF A PRODUCER'S AGRICULTURAL COMMODITIES BY  91           

A PERSON OTHER THAN THE PRODUCER.                                               

      (C)  "Agricultural commodity handler" or "handler" means     93           

                                                          3      

                                                                 
any person who is engaged in the business of agricultural          94           

commodity handling.  Any "AGRICULTURAL COMMODITY HANDLER" OR       95           

"HANDLER" DOES NOT INCLUDE A person whose purchases of all         96           

agricultural commodities do not exceed ten thousand bushels        97           

annually and who does not handle agricultural commodities as a     98           

bailee is not an AND WHO PURCHASES AGRICULTURAL COMMODITIES IN     99           

THE FOLLOWING VOLUMES:                                             100          

      (1)  THIRTY THOUSAND OR FEWER BUSHELS ANNUALLY FROM          102          

PRODUCERS;                                                                      

      (2)  ONE HUNDRED THOUSAND OR FEWER BUSHELS ANNUALLY FROM     104          

agricultural commodities handler COMMODITY HANDLERS.               105          

      A PERSON WHO DOES NOT HANDLE AGRICULTURAL COMMODITIES AS A   108          

BAILEE AND WHO ANNUALLY PURCHASES THIRTY THOUSAND OR FEWER                      

BUSHELS OF AGRICULTURAL COMMODITIES FROM PRODUCERS AND ONE         109          

HUNDRED THOUSAND OR FEWER BUSHELS OF AGRICULTURAL COMMODITIES      110          

FROM AGRICULTURAL COMMODITY HANDLERS SHALL BE CONSIDERED TO BE AN  112          

AGRICULTURAL COMMODITY HANDLER IF THE COMBINED ANNUAL VOLUME OF    113          

PURCHASES FROM THE PRODUCERS AND THE AGRICULTURAL COMMODITY                     

HANDLERS EXCEEDS ONE HUNDRED THOUSAND BUSHELS.                     114          

      (D)  "Depositor" means:                                      116          

      (1)  Any person who delivers an agricultural commodity to a  118          

licensed handler for storage, conditioning, shipment, or sale;     119          

      (2)  Any owner or legal holder of a ticket or receipt        121          

issued for an agricultural commodity who is a creditor of the      122          

licensed handler for the value of the agricultural commodity;      123          

      (3)  Any licensed handler storing an agricultural commodity  125          

that he THE LICENSED HANDLER owns solely, jointly, or in common    126          

with others in a warehouse owned or controlled by him THE          128          

LICENSED HANDLER or any other licensed handler.                    130          

      (E)  "Receipt" means a warehouse receipt issued by a         132          

licensed handler.                                                  133          

      (F)  "Nonnegotiable receipt" means a receipt on which it is  135          

stated that the agricultural commodity received will be delivered  136          

to the depositor or to the order of any other person named in the  137          

                                                          4      

                                                                 
receipt.                                                           138          

      (G)  "Negotiable receipt" means a receipt on which it is     140          

stated that the agricultural commodity received will be delivered  141          

to the bearer or to the order of any person named in the receipt.  142          

      (H)  "Ticket" means a scale weight ticket, a load slip, or   144          

any evidence, other than a receipt, given to a depositor by a      145          

licensed handler upon delivery of an agricultural commodity to     146          

the handler.                                                       147          

      (I)  "Warehouse" means any building, bin, protected          149          

enclosure, or similar premises under the control of a licensed or  150          

unlicensed handler used for receiving, storing, shipping, or       151          

handling an agricultural commodity.                                152          

      (J)  "Storage" means the deposit of an agricultural          154          

commodity into a warehouse either for the account of the licensed  155          

handler operating the warehouse or for the account of a            156          

depositor.                                                         157          

      (K)  "Producer" means any person who grows an agricultural   159          

commodity on land that he THE PERSON owns or leases.               160          

      (L)  "Agent" means any person, other than a producer, who    162          

delivers an agricultural commodity to a licensed handler, either   163          

for sale or for storage, for the account of the producer.          164          

      (M)  "Agricultural commodity tester" or "tester" means a     166          

person who operates a moisture meter and other quality testing     167          

devices to determine the quality of an agricultural commodity.     168          

      (N)  "Federally licensed grain inspector" means a person     170          

who is licensed by the United States department of agriculture     171          

under the "United States Grain Standards Act," 39 Stat. 482        172          

(1916), 7 U.S.C. 71, as amended, to test and grade grain, as       173          

"grain" is defined in that act.                                    174          

      (O)  "Bailee" means a person to whom an agricultural         176          

commodity is delivered in trust for storage in a warehouse with    177          

title remaining in the name of the depositor.                      178          

      (P)  "Bailor" means a person who delivers an agricultural    180          

commodity to a bailee in trust for storage in a warehouse with     181          

                                                          5      

                                                                 
title remaining in the name of the depositor.                      182          

      (Q)  "Bailment agreement" means a bailor-bailee agreement    184          

between a depositor and a licensed handler as stated in the terms  185          

of a receipt that is issued for an agricultural commodity in       186          

storage and subject to the requirements of this chapter governing  187          

the use of a receipt.                                              188          

      (R)  "Delayed price agreement" means a written executory     190          

contract executed by and between a licensed handler and a          191          

depositor that covers the sale and transfer of title of an         192          

agricultural commodity and states in its written terms the         193          

service charges and the method for pricing the commodity at a      194          

later date.                                                        195          

      (S)  "Delayed price marketing" means the sale and transfer   197          

of title of an agricultural commodity with the price to be         198          

established at a later date according to the terms of a delayed    199          

price agreement.                                                   200          

      (T)  "DEFERRED PAYMENT" MEANS THE DEFERRAL OF PAYMENT TO A   203          

DEPOSITOR BY A LICENSED HANDLER FOR AN AGRICULTURAL COMMODITY TO   204          

WHICH THE LICENSED HANDLER HAS TAKEN TITLE, FOR THE PURPOSE OF     205          

DEFERRING INCOME OF THE DEPOSITOR FROM ONE TAX YEAR TO ANOTHER.    206          

      (U)  "FEED AGREEMENT" MEANS A WRITTEN CONTRACT EXECUTED BY   209          

AND BETWEEN A LICENSED HANDLER AND A PRODUCER OR DEPOSITOR WHO     210          

DELIVERS AN AGRICULTURAL COMMODITY TO THE LICENSED HANDLER FOR     211          

STORAGE WHEREBY EACH OF THE FOLLOWING APPLIES:                     212          

      (1)  THE PRODUCER OR DEPOSITOR TRANSFERS TITLE TO THE        214          

AGRICULTURAL COMMODITY TO THE LICENSED HANDLER IN EXCHANGE FOR A   215          

NOMINAL SUM;                                                       216          

      (2)  THE PRODUCER, UPON DELIVERY OF THE AGRICULTURAL         218          

COMMODITY TO THE LICENSED HANDLER, BECOMES A CREDITOR OF THE       219          

LICENSED HANDLER DUE TO THE LIEN THAT ARISES UNDER SECTION         220          

926.021 OF THE REVISED CODE;                                       222          

      (3)  ALL OR PART OF THE AGRICULTURAL COMMODITY IS RETURNED   225          

TO THE PRODUCER AT A LATER DATE AND USED FOR FEED PURPOSES.        226          

      (V)  NOTWITHSTANDING SECTION 1.02 OF THE REVISED CODE,       230          

                                                          6      

                                                                 
"AND" SHALL NOT BE READ "OR" AND "OR" SHALL NOT BE READ "AND."     231          

      Sec. 926.021.  (A)  As used in this section:                 240          

      (1)  "Claimant" means a person who is unable to secure       242          

satisfaction of financial obligations due from TO WHOM an          243          

agricultural commodity handler OWES A FINANCIAL OBLIGATION FOR     245          

AGRICULTURAL COMMODITIES OR THE ACTUAL MONETARY PROCEEDS FROM      246          

AGRICULTURAL COMMODITIES THAT HAVE BEEN DELIVERED TO THE HANDLER.  247          

      (2)  "Failure" means any of the following involving an       249          

agricultural commodity handler:                                    250          

      (a)  An inability to financially satisfy claimants           252          

FINANCIALLY;                                                                    

      (b)  A public declaration of insolvency;                     254          

      (c)  A revocation, SUSPENSION, OR CONDITIONAL SUSPENSION of  256          

license with outstanding indebtedness to claimants;                258          

      (d)  Nonpayment in the ordinary course of business where a   260          

good faith dispute does not exist;                                 261          

      (e)  No application for license renewal;                     263          

      (f)  Denial of license renewal;                              265          

      (g)  Voluntarily surrendering a license.                     267          

      (3)  "Agricultural commodity assets" involving a failed AN   269          

agricultural commodity handler mean MEANS any of the following:    270          

      (a)  All agricultural commodities owned or stored,           272          

including agricultural commodities in transit shipped by the       273          

failed handler but not yet paid for;                               274          

      (b)  Redeposited agricultural commodities;                   276          

      (c)  Proceeds from the sale of agricultural commodities due  278          

or to become due;                                                  279          

      (d)  The equity less any secured financing directly          281          

associated therewith in assets in hedging or speculative margin    282          

accounts held by commodity or security exchanges or dealers        283          

representing the exchanges, and any moneys due or to become due    284          

less any secured financing directly associated therewith from any  285          

transactions on the exchanges;                                     286          

      (e)  Any other unencumbered funds, property, or equity in    288          

                                                          7      

                                                                 
funds or property, wherever located, that can be directly traced   289          

to the sale of agricultural commodities by the failed handler,     290          

provided both that the funds, property, or equity in funds or      291          

property shall not be considered to be encumbered unless the       292          

encumbrance results from good and valuable considerations          293          

advanced by any secured party on a good faith basis and that the   294          

encumbrance is not the result of the taking of funds, property,    295          

or equity in funds or property as additional collateral for an     296          

antecedent debt;                                                   297          

      (f)  Any other unencumbered funds, property, or equity in    299          

assets.                                                            300          

      (B)  A lien shall exist on all agricultural commodity        302          

assets of a failed AN agricultural commodity handler in favor of   303          

any of the following:                                              305          

      (1)  Claimants, including lenders, who possess receipts      307          

covering grain owned or stored by the handler;                     308          

      (2)  Claimants who possess written evidence of ownership     310          

other than a receipt disclosing a storage obligation of the        311          

handler, including tickets;                                        312          

      (3)  Claimants who surrendered receipts as part of an        314          

agricultural commodity sales transaction but were not fully paid   315          

FULLY for the agricultural commodity and the handler failed        316          

within twenty TWENTY-ONE days after the surrender;                 317          

      (4)  Claimants who possess any other written evidence of     319          

the sale of agricultural commodities to the failed handler for     320          

which they were not fully paid FULLY, INCLUDING THE SALE OF        321          

AGRICULTURAL COMMODITIES FOR A NOMINAL SUM UNDER A FEED            322          

AGREEMENT.                                                                      

      (C)  The lien which THAT shall secure all claims described   324          

in division (D) of this section, shall arise, ATTACH TO THE        325          

AGRICULTURAL COMMODITY ASSETS OF AN AGRICULTURAL COMMODITY         326          

HANDLER, AND BECOME EFFECTIVE at the time of the delivery of the   329          

agricultural commodity for sale OR FOR STORAGE UNDER A BAILMENT    330          

AGREEMENT, commencement of the storage obligation, or when funds   331          

                                                          8      

                                                                 
are advanced by the lender, and shall terminate when the           332          

liability of the agricultural commodity handler to the claimant    333          

is discharged, provided that the priority of each lien among the   334          

respective claimants shall not relate to the date the claim        335          

arises but shall be governed by the priorities established in      336          

division (D) of this section.  The IN THE EVENT OF A FAILURE, THE  337          

lien claims of all claimants shall be considered to be assigned    338          

by operation of this section to the department of agriculture,     339          

and in the event of a failure and subsequent liquidation, the      340          

lien shall transfer over to assets or proceeds of assets either    341          

received or liquidated by the department of agriculture.           342          

      (D)  In EXCEPT AS PROVIDED IN DIVISION (E) OF THIS SECTION,  344          

IN the event of a failure, the director of agriculture shall       346          

POSSESS EXCLUSIVE AUTHORITY TO enforce the lien claims and                      

allocate the proceeds as follows:                                  348          

      (1)  First priority against all agricultural commodity       350          

assets shall be the following:                                     351          

      (a)  Claimants, including lenders, who possess receipts      353          

covering grain owned or stored by the agricultural commodity       354          

handler;                                                           355          

      (b)  Claimants who possess written evidence of ownership     357          

other than receipts disclosing a storage obligation of the         358          

handler, including tickets;                                        359          

      (c)  Claimants who surrendered receipts as part of an        361          

agricultural commodity transaction, but were not fully paid FULLY  363          

for the agricultural commodity and the handler failed within       364          

twenty-one days after the surrender.                               365          

      (2)  Second priority against all agricultural commodity      367          

assets shall be to claimants who possess written evidence of the   368          

sale of an agricultural commodity, including, but not limited to,  370          

tickets, delayed price agreements, or similar agricultural         371          

commodity delivery contracts who completed delivery and pricing    372          

within thirty days immediately prior to the failure of the         373          

handler.                                                           374          

                                                          9      

                                                                 
      (3)  To the extent not necessary to satisfy first and        376          

second priority claimants, all other claimants who possess         377          

written evidence of the sale of agricultural commodities to the    378          

failed handler shall participate in the pro rata distribution of   379          

the remainder of the agricultural commodity assets in an amount    380          

not to exceed the value of their EACH claim.                       381          

      (E)  In the event that any adversary proceeding is           383          

commenced to recover agricultural commodity assets upon which the  384          

lien imposed in this section is imposed and the department of      385          

agriculture declines to enter the proceeding, the director of      386          

agriculture, upon application to him THE DIRECTOR by any           387          

claimant, shall assign to the claimant the applicable lien to      389          

permit the claimant to pursue his THE CLAIMANT'S lien in the       390          

adversary proceeding to the extent the action will not delay the   392          

resolution of the proceeding, the prompt liquidation of the        393          

assets, or the ultimate distribution of the assets of TO all       394          

claimants.                                                                      

      Sec. 926.05.  (A)  Each person desiring to obtain or renew   403          

a handler's license shall file an application annually with the    404          

director of agriculture at such times, on such forms, and          405          

containing such information as he THE DIRECTOR prescribes,         407          

INCLUDING, IF APPLICABLE, THE APPOINTMENT OF A STATUTORY AGENT     408          

UNDER SECTION 926.051 OF THE REVISED CODE.                                      

      (B)  Each application for a license or license renewal       410          

shall be accompanied by an application fee of two hundred dollars  411          

for the first facility operated by the applicant plus one hundred  412          

dollars for each additional facility operated by the same          413          

applicant and by an examination fee, established by rule of the    414          

director pursuant to section 926.02 of the Revised Code, for each  415          

facility operated by the applicant.  "Facility" means all          416          

warehouse storage located on one premises, including any           417          

additional warehouse storage located within one thousand yards of  418          

that premises.  The director may charge fees for examinations in   419          

an amount not to exceed those fees charged by the United States    420          

                                                          10     

                                                                 
department of agriculture for comparable examinations.             421          

      The director shall deposit all fees collected under this     423          

section in the commodity handler regulatory program fund created   424          

in section 926.19 of the Revised Code.                             425          

      (C)  The director shall approve or reject each application   427          

for a license within fifteen days after receipt thereof, provided  428          

that such application is in proper form and contains the           429          

information required under division (A) of this section.  A        430          

rejection of an application shall be accompanied by a statement    431          

from the director of the additional requirements necessary for a   432          

license.  The applicant may resubmit his THE application without   433          

payment of any additional fee.                                     434          

      (D)  A handler's license shall expire on the date            436          

prescribed by rule of the director.  Whenever the director         437          

considers it advisable to cancel the unexpired portion of an       438          

outstanding license in order to renew it according to a new or     439          

existing system of expiration dates, he THE DIRECTOR shall refund  441          

to the handler the unexpired portion of the fees paid under        442          

division (B) of this section.  Whenever the director issues an     443          

initial license on a date that does not conform to the existing    444          

system, he THE DIRECTOR shall issue the license for whatever A     446          

period of time, not less than six nor more than eighteen months,   448          

that makes it THE DATE conform to the existing system.  The        450          

application fee for that initial license shall be proportionate    451          

to the fee for a one-year license.                                              

      (E)  An application for renewal of a handler's license       453          

shall be filed with the director not later than thirty days        454          

before the current license expires.  An applicant who fails to     455          

file a renewal application in time shall pay a late fee of one     456          

dollar for each day the application is late or fifteen dollars,    457          

whichever is greater.  A renewal license shall not be issued       458          

until a late fee that is due has been paid.                        459          

      (F)  The director, with the approval of the commodity        461          

advisory commission, may revoke or refuse to issue or renew a      462          

                                                          11     

                                                                 
handler's license if any of the following occurred within five     463          

years before the application for the license or renewal was        464          

filed:                                                             465          

      (1)  The applicant, or the spouse, parent, sibling, or       467          

child of the applicant, or a manager employed by the applicant,    468          

or any other individual materially involved in the agricultural    469          

commodity handling business of the applicant was a principal in a  470          

receivership or insolvency that resulted in losses to creditors    471          

or to the agricultural commodity depositors fund established in    472          

section 926.16 of the Revised Code;                                473          

      (2)  The applicant pled guilty to or was convicted of any    475          

felony or charge of embezzlement under the laws of this state,     476          

any other state, or of the United States;                          477          

      (3)  The applicant made a delivery of commodities not        479          

authorized under this chapter;                                     480          

      (4)  The applicant's license under the "United States        482          

Warehouse Act," 39 Stat. 486 (1916), 7 U.S.C. 241, as amended,     483          

was revoked or canceled due to a violation of that act.            484          

      Sec. 926.051.  (A)  AN APPLICANT FOR A HANDLER'S LICENSE OR  487          

RENEWAL ISSUED UNDER SECTION 926.05 OF THE REVISED CODE WHO DOES   489          

NOT CONDUCT BUSINESS AT AN ADDRESS IN THIS STATE AT WHICH THE      490          

APPLICANT USUALLY CAN BE CONTACTED SHALL INCLUDE WITH THE          491          

APPLICATION A WRITTEN APPOINTMENT OF AN AGENT, SOMETIMES REFERRED  492          

TO AS A "STATUTORY AGENT," UPON WHOM ANY PROCESS, NOTICE, OR       493          

DEMAND MAY BE SERVED.  THE APPOINTMENT SHALL BE ACCOMPANIED BY A   494          

WRITTEN ACCEPTANCE OF THE APPOINTMENT SIGNED BY THE AGENT.  THE    495          

AGENT MAY BE A NATURAL PERSON WHO IS A RESIDENT OF THIS STATE OR   496          

A CORPORATION WHOSE PRINCIPAL PLACE OF BUSINESS IS LOCATED IN      497          

THIS STATE.  THE APPOINTMENT SHALL BE ON SUCH FORMS AND CONTAIN    498          

SUCH INFORMATION AS THE DIRECTOR OF AGRICULTURE PRESCRIBES.        499          

FAILURE TO COMPLY WITH THIS DIVISION IS GROUNDS FOR REJECTION OF   500          

THE APPLICATION UNDER DIVISION (C) OF SECTION 926.05 OF THE        503          

REVISED CODE.                                                      504          

      (B)(1)  IF AN AGENT REMOVES FROM THE STATE OR RESIGNS, OR    507          

                                                          12     

                                                                 
IF THE APPLICANT REVOKES THE AGENT'S APPOINTMENT, THE APPLICANT    508          

IMMEDIATELY SHALL NOTIFY THE DIRECTOR IN WRITING NOT LATER THAN    509          

THIRTY DAYS PRIOR TO THE REMOVAL, RESIGNATION, OR REVOCATION.  IF  510          

AN AGENT DIES, THE APPLICANT IMMEDIATELY SHALL NOTIFY THE          511          

DIRECTOR IN WRITING.  PRIOR TO THE REMOVAL, RESIGNATION, OR        512          

REVOCATION AND NOT LATER THAN THIRTY DAYS AFTER THE DEATH, THE     513          

APPLICANT SHALL APPOINT ANOTHER AGENT AND FILE WITH THE DIRECTOR   514          

A WRITTEN APPOINTMENT OF THE AGENT, ALONG WITH A WRITTEN           515          

ACCEPTANCE OF THE APPOINTMENT SIGNED BY THE AGENT.                 516          

      (2)  IF THE AGENT'S ADDRESS CHANGES FROM THAT APPEARING ON   518          

THE APPLICATION, THE APPLICANT, NOT LATER THAN THIRTY DAYS PRIOR   519          

TO THE ADDRESS CHANGE, SHALL FILE WITH THE DIRECTOR A WRITTEN      520          

STATEMENT SETTING FORTH THE NEW ADDRESS, ALONG WITH ANY OTHER      521          

INFORMATION THE DIRECTOR REQUESTS.                                 522          

      (C)  FAILURE TO COMPLY WITH DIVISION (B) OF THIS SECTION IS  526          

GROUNDS FOR SUSPENSION OR CONDITIONAL SUSPENSION OF A HANDLER'S    527          

LICENSE, WITHOUT PRIOR HEARING, UNDER SECTION 926.10 OF THE        528          

REVISED CODE.                                                      529          

      Sec. 926.06.  (A)  The director of agriculture may issue a   538          

handler's license, or renewal thereof, upon the payment of the     539          

prescribed application fee, if the director is satisfied that the  540          

applicant meets the standards of financial responsibility          541          

required under this section and has complied with this chapter     542          

and the rules adopted under it.                                    543          

      (B)  Each (1)  ON THE EFFECTIVE DATE OF THIS AMENDMENT,      545          

EACH applicant for a handler's license, or renewal thereof, shall  547          

have and maintain current assets equal to or greater than current  548          

liabilities and a total net worth of EQUAL TO at least ten cents   550          

per bushel for the total number of bushels of agricultural         551          

commodities that he THE APPLICANT handled during the immediately   552          

preceding twelve-month period to cover any indebtedness arising    553          

from his THE APPLICANT'S operations as a licensed handler.  If     555          

ONE YEAR AFTER THE EFFECTIVE DATE OF THIS AMENDMENT, THE TOTAL     557          

NET WORTH REQUIREMENT SHALL INCREASE TO ELEVEN CENTS PER BUSHEL.   558          

                                                          13     

                                                                 
FOR THE NEXT FOUR YEARS, THE REQUIREMENT SHALL CONTINUE TO         559          

INCREASE BY ONE CENT PER BUSHEL EACH YEAR ON THE ANNIVERSARY OF    560          

THE EFFECTIVE DATE OF THIS AMENDMENT, SO THAT FIVE YEARS AFTER     561          

THE EFFECTIVE DATE OF THIS AMENDMENT, AN APPLICANT'S TOTAL NET     562          

WORTH SHALL BE EQUAL TO AT LEAST FIFTEEN CENTS PER BUSHEL FOR THE               

TOTAL NUMBER OF BUSHELS OF AGRICULTURAL COMMODITIES THAT THE       563          

APPLICANT HANDLED DURING THE IMMEDIATELY PRECEDING TWELVE-MONTH    564          

PERIOD.                                                            565          

      (2)  ON THE EFFECTIVE DATE OF THIS AMENDMENT, IF an          567          

applicant is applying for a handler's license for the first time   568          

and did not handle any agricultural commodities during the         569          

immediately preceding twelve-month period, he THE APPLICANT shall  570          

have an allowable total net worth of at least twenty-five          572          

thousand dollars for that purpose.  No TO COVER ANY INDEBTEDNESS   574          

ARISING FROM THE APPLICANT'S OPERATIONS AS A LICENSED HANDLER.     575          

ONE YEAR AFTER THE EFFECTIVE DATE OF THIS AMENDMENT, THIS                       

ALLOWABLE TOTAL NET WORTH REQUIREMENT SHALL INCREASE TO THIRTY     576          

THOUSAND DOLLARS.  FOR THE NEXT FOUR YEARS, THE REQUIREMENT SHALL  578          

CONTINUE TO INCREASE BY FIVE THOUSAND DOLLARS EACH YEAR ON THE     579          

ANNIVERSARY OF THE EFFECTIVE DATE OF THIS AMENDMENT, SO THAT FIVE  580          

YEARS AFTER THE EFFECTIVE DATE OF THIS AMENDMENT, AN APPLICANT'S   581          

TOTAL NET WORTH SHALL BE AT LEAST FIFTY THOUSAND DOLLARS.          582          

      (3)  ON THE EFFECTIVE DATE OF THIS AMENDMENT, NO person      585          

shall be licensed as a handler unless he THE PERSON has an         586          

allowable total net worth of at least twenty-five thousand                      

dollars.  Any ONE YEAR AFTER THE EFFECTIVE DATE OF THIS            588          

AMENDMENT, THIS ALLOWABLE TOTAL NET WORTH REQUIREMENT SHALL        589          

INCREASE TO THIRTY THOUSAND DOLLARS.  FOR THE NEXT FOUR YEARS,     590          

THE REQUIREMENT SHALL CONTINUE TO INCREASE BY FIVE THOUSAND        591          

DOLLARS EACH YEAR ON THE ANNIVERSARY OF THE EFFECTIVE DATE OF      592          

THIS AMENDMENT, SO THAT FIVE YEARS AFTER THE EFFECTIVE DATE OF     593          

THIS AMENDMENT, THE PERSON'S TOTAL NET WORTH SHALL BE AT LEAST     594          

FIFTY THOUSAND DOLLARS.                                            595          

      (4)  ON THE EFFECTIVE DATE OF THIS AMENDMENT, ANY            597          

                                                          14     

                                                                 
deficiency in required total net worth may be compensated for by   599          

an indemnity agreement executed by a person pledging personal      600          

assets for the benefit of commodity creditors should the licensed  601          

handler default in his THE LICENSED HANDLER'S obligations to the   602          

creditors; a bond issued by a corporate surety company that is     603          

authorized to do business under the laws of this state; or, at     604          

the director's discretion, an irrevocable letter of credit issued  605          

by a bank or other lending institution that is authorized by this  606          

state or the United States to issue such letters of credit and is  607          

subject to service of process in this state for any suit on the    608          

bond or letter of credit.  AN INDEMNITY AGREEMENT EXECUTED BY A    610          

PERSON PLEDGING PERSONAL ASSETS SHALL BE ACCOMPANIED BY FINANCIAL  611          

STATEMENTS THAT REFLECT THE PERSON'S FINANCIAL POSITION AS AN      612          

INDIVIDUAL AND COMPLY WITH THE REQUIREMENTS OF DIVISION (C) OF     614          

THIS SECTION.  A bond shall be made to the treasurer of the state  616          

of Ohio to be deposited in the agricultural commodity depositors   617          

fund created under section 926.16 of the Revised Code for the      618          

benefit of any person who may be injured by the handler's failure  619          

to meet obligations arising under this chapter.  A letter of       620          

credit shall be issued for the benefit of the department of        621          

agriculture and the agricultural commodity depositors fund.        622          

      In (5)  THE DIRECTOR SHALL ADOPT RULES IN ACCORDANCE WITH    625          

CHAPTER 119. OF THE REVISED CODE SPECIFYING THE ASSETS FOR WHICH   628          

CREDIT MAY BE GIVEN IN determining AN APPLICANT'S total net        629          

worth, credit may be given for fixed assets such as buildings,     630          

machinery, and equipment, in the amount of the insured value of    631          

such assets under a policy of insurance against loss or damage     633          

or, at the discretion of the director, in the amount of their      634          

current market value as determined by an accredited rural          635          

appraiser or an appraiser certified by the American appraisal      637          

institute.  The appraiser shall be completely independent of any   639          

relationship with the handler.  Capital stock shall not be         640          

considered a liability for the purpose of determining total net    641          

worth.  Regardless.                                                             

                                                          15     

                                                                 
      (6)  ON THE EFFECTIVE DATE OF THIS AMENDMENT, REGARDLESS of  643          

the total number of bushels of agricultural commodities that he    645          

AN APPLICANT handled during the immediately preceding              647          

twelve-month period, an THE applicant's total net worth need not   649          

exceed A MAXIMUM OF three hundred thousand dollars.  ONE YEAR      651          

AFTER THE EFFECTIVE DATE OF THIS AMENDMENT, THIS MAXIMUM TOTAL     652          

NET WORTH NEED NOT EXCEED THREE HUNDRED THIRTY THOUSAND DOLLARS.   653          

FOR THE NEXT FOUR YEARS, THIS MAXIMUM TOTAL NET WORTH SHALL        654          

CONTINUE TO INCREASE BY THIRTY THOUSAND DOLLARS EACH YEAR ON THE   655          

ANNIVERSARY OF THE EFFECTIVE DATE OF THIS AMENDMENT, SO THAT FIVE  656          

YEARS AFTER THE EFFECTIVE DATE OF THIS AMENDMENT, AN APPLICANT'S   657          

TOTAL NET WORTH NEED NOT EXCEED FOUR HUNDRED FIFTY THOUSAND        658          

DOLLARS.                                                                        

      (C)  In order for the director to determine if an applicant  660          

meets the standards of financial responsibility required under     661          

division (B) of this section, the applicant for a handler's        662          

license, or renewal of a handler's license, shall submit a         663          

current financial statement STATEMENTS THAT HAVE BEEN prepared IN  665          

ACCORDANCE WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES AND THAT  666          

HAVE BEEN AUDITED OR REVIEWED by a qualified person who is not     667          

directly associated with the applicant's business AN INDEPENDENT                

CERTIFIED PUBLIC ACCOUNTANT.  The financial statement STATEMENTS   669          

shall consist of a THE APPLICANT'S balance sheet showing the       670          

current and deferred assets and liabilities of the applicant, a,   671          

INCOME statement of income, a statement of retained earnings OR    673          

STATEMENT OF STOCKHOLDER'S EQUITY, a AND statement of changes in   675          

financial position CASH FLOWS, and whatever notes are sufficient   677          

to explain the details contained in the financial statement        678          

TOGETHER WITH ANY EXPLANATORY FOOTNOTES OR SUPPLEMENTARY                        

INFORMATION ACCOMPANYING THESE STATEMENTS AND WITH THE             679          

INDEPENDENT ACCOUNTANT'S REPORT ON THE STATEMENTS.                 680          

      The financial statement STATEMENTS accompanying an           682          

applicant's original application shall show a statement closing    683          

date that is BE FOR A YEAR ENDING within six months of BEFORE the  685          

                                                          16     

                                                                 
date of application.  Thereafter, the applicant applying for       687          

renewal shall submit an annual statement SUCH STATEMENTS not       689          

later than ninety days after the close END of his business THE     690          

year COVERED BY THE STATEMENTS.                                                 

      The director may require an applicant for a handler's        692          

license, or renewal of a handler's license, to submit a financial  693          

statement prepared STATEMENTS AUDITED by a AN INDEPENDENT          695          

certified public accountant licensed under the laws of this        696          

state, and may require the attachment to the statement of the      697          

accountant's opinion of the applicant's financial status based on  698          

his examination of the records conducted in accordance with        699          

generally accepted auditing standards if the director determines   700          

that the first financial statement STATEMENTS INITIALLY submitted  701          

under this division is ARE incomplete or otherwise                 703          

unsatisfactory.                                                                 

      (D)  The director may prepare and publish statistical        705          

abstracts of information obtained under this section without       706          

disclosing details that would identify a particular applicant      707          

with particular statistics.  Such information OTHERWISE is         708          

otherwise confidential for purposes of section 102.03 of the       710          

Revised Code, and records of the department of agriculture         711          

containing such information are not otherwise public records       712          

under section 149.43 of the Revised Code.                          713          

      Sec. 926.10.  The director of agriculture may, by order,     722          

MAY refuse to grant or may suspend or conditionally suspend a      724          

handler's license, without prior hearing, when he THE DIRECTOR     725          

determines that there is reasonable cause to believe that the      727          

applicant or licensee:                                             728          

      (A)  Has failed to maintain the insurance coverage required  730          

under section 926.07 of the Revised Code;                          731          

      (B)  Has failed to maintain accurate and complete records    733          

and accounts as required under section 926.11 of the Revised       734          

Code;                                                              735          

      (C)  Has failed to charge, collect, or remit the fee         737          

                                                          17     

                                                                 
required under division (B) of section 926.16 of the Revised       738          

Code;                                                              739          

      (D)  Has refused to allow the director or his THE            741          

DIRECTOR'S authorized representative to examine, at a reasonable   743          

time, his THE APPLICANT'S OR LICENSEE'S accounting records,        745          

accounts, agricultural commodity inventories, or warehouse;        746          

      (E)  Does not have in his possession POSSESS sufficient      748          

agricultural commodities to cover the outstanding receipts or      749          

tickets issued or assumed by him THE APPLICANT OR LICENSEE under   750          

bailment agreements;                                               751          

      (F)  Has issued a receipt in violation of this chapter or    753          

any rules adopted under it;                                        754          

      (G)  Does not have the net assets specified in division (B)  756          

of section 926.06 of the Revised Code or has failed to obtain a    757          

bond or other protection for any deficiency in required net        758          

assets as provided in that division;                               759          

      (H)  Does not have his THE obligations for agricultural      761          

commodities purchased under delayed price agreements secured or    762          

represented as required under division (B) or (C) of section       763          

926.29 of the Revised Code;                                        764          

      (I)  DOES NOT SUBMIT FINANCIAL STATEMENTS THAT COMPLY WITH   767          

THE REQUIREMENTS OF DIVISION (C) OF SECTION 926.06 OF THE REVISED  769          

CODE WITHIN THE APPLICABLE TIME PERIOD SPECIFIED IN THAT           771          

DIVISION;                                                                       

      (J)  DOES NOT NOTIFY THE DIRECTOR OF A STATUTORY AGENT'S     774          

CHANGE OF ADDRESS OR OF THE DEATH, REMOVAL, RESIGNATION, OR        775          

REVOCATION OF THE APPOINTMENT OF A STATUTORY AGENT OR DOES NOT     776          

APPOINT ANOTHER AGENT IN ACCORDANCE WITH SECTION 926.051 OF THE    778          

REVISED CODE.                                                      779          

      The applicant or licensee to whom a denial or, suspension,   782          

or conditional suspension order is issued shall be afforded a      783          

hearing in accordance with Chapter 119. of the Revised Code,       784          

after which the director shall issue or deny the license applied   785          

for in the pending application or reinstate or revoke the          786          

                                                          18     

                                                                 
suspended or conditionally suspended license.  The director may    787          

suspend or, conditionally suspend, or revoke a license after a     789          

hearing held in accordance with Chapter 119. of the Revised Code   790          

for any other violations of this chapter or any rules adopted      791          

under it.                                                          792          

      The director shall cause a notice to be posted on the        794          

property of a person whose license has been suspended,             795          

conditionally suspended, or revoked stating the limitations or     796          

restrictions imposed on the person in the handling of              797          

agricultural commodities as a result of the suspension,            798          

conditional suspension, or revocation.  The notice shall not be    799          

removed from the property without written authorization from the   800          

director.                                                          801          

      Sec. 926.16.  (A)  There is hereby created in the state      810          

treasury the agricultural commodity depositors fund.  The state    811          

shall not be held liable for any claims presented against the      812          

fund under section 926.18 of the Revised Code.  The fund shall     813          

consist of a per-bushel fee remitted by licensed handlers under    814          

this section, any sums that the director of agriculture may        815          

collect by any legal action on behalf of the fund, and any         816          

property or securities acquired through the use of moneys in the   817          

fund.  The moneys collected under this section and deposited in    818          

the fund shall be used exclusively to indemnify depositors as      819          

provided in section 926.18 of the Revised Code and for no other    820          

purpose.                                                           821          

      (B)  All licensed handlers shall remit such THE fee as is    823          

determined by the director in accordance with section 926.17 of    824          

the Revised Code on:                                               825          

      (1)  All agricultural commodities delivered to them for      827          

storage under a bailment agreement or for sale, exchange, or       828          

negotiation or solicitation of sale by depositors who produced     829          

them or caused them to be produced;                                830          

      (2)  All agricultural commodities delivered to them for      832          

storage under a bailment agreement, regardless of who produced     833          

                                                          19     

                                                                 
the commodities, if a receipt is to be issued for the              834          

commodities;                                                       835          

      (3)  All agricultural commodities that are being stored by   837          

licensed handlers who own them solely, jointly, or in common with  838          

others and who are issuing a receipt for them in accordance with   839          

section 926.25 of the Revised Code.  The maximum number of         840          

bushels on which a licensed handler shall be required to pay the   841          

fee under division (B)(3) of this section between the first day    842          

of July and the thirtieth day of June of any marketing year shall  843          

be the greatest number of bushels of all commodities for which     844          

receipts are outstanding at any one time during that period.       845          

      (4)  ALL AGRICULTURAL COMMODITIES THAT ARE NOT INVOLVED IN   847          

A TRANSACTION DESCRIBED IN DIVISION (B)(1), (2), OR (3) OF THIS    848          

SECTION AND THE MONETARY PROCEEDS OF WHICH ARE CONTROLLED BY A     849          

HANDLER WHO IS NOT INVOLVED IN THE PRODUCTION OF THE COMMODITIES   851          

AND WHO SERVES AS AN INTERMEDIARY BETWEEN THE PRODUCER AND A       852          

HANDLER RECEIVING THE COMMODITIES.  IN SUCH A SITUATION, THE                    

HANDLER RESPONSIBLE FOR PAYING THE PRODUCER SHALL REMIT THE FEE.   853          

      (C)  All licensed handlers shall account for and remit       855          

moneys under division (B) of this section to the director in such  856          

manner and using such forms as the director shall prescribe by     857          

rule.                                                              858          

      (D)  All disbursements from the fund shall be paid by the    860          

treasurer of state pursuant to vouchers authorized by the          861          

director.                                                          862          

      (E)  All interest earned by the fees collected under this    864          

section shall be credited to the fund and, at the request of the   865          

director of agriculture and to the extent necessary to pay the     866          

examination and administrative costs of this chapter as provided   867          

in section 926.19 of the Revised Code, may be transferred by the   868          

director of budget and management to the commodity handler         869          

regulatory program fund created in that section.                   870          

      Sec. 926.18.  (A)  When a depositor has made a demand for    879          

settlement of an obligation concerning an agricultural commodity   880          

                                                          20     

                                                                 
on which a fee was required to be remitted under section 926.16    881          

of the Revised Code and the licensed handler has failed to honor   882          

the demand, the depositor, after providing the director of         883          

agriculture or his THE DIRECTOR'S authorized representative with   884          

evidence of his THE DEPOSITOR'S demand and the dishonoring of his  886          

THAT demand, may file a claim with the director NOT LATER THAN     887          

SIX MONTHS AFTER DISHONOR OF THE DEMAND for indemnification of     888          

his THE DEPOSITOR'S damages, from the agricultural commodity       889          

depositors fund, to be measured as follows:                        890          

      (1)  The commodity advisory commission created in section    892          

926.32 of the Revised Code shall establish the dollar value of     893          

the loss incurred by a depositor holding a receipt or a ticket     894          

for agricultural commodities on which a fee was required and that  895          

he THE DEPOSITOR delivered to the handler under a delayed price    896          

agreement or under a, bailment agreement, OR FEED AGREEMENT, OR    898          

THAT THE DEPOSITOR DELIVERED TO THE HANDLER BEFORE DELIVERY WAS    899          

DUE UNDER A CONTRACT OR OTHER AGREEMENT BETWEEN THE DEPOSITOR AND  900          

HANDLER.  The value shall be based on the fair market price being  902          

paid to producers by handlers for the commodities on the date on   903          

which the director received notice that the receipt or ticket was  904          

dishonored by the handler.  All depositors filing claims under     905          

this division shall be bound by the value determined by the        906          

commission.                                                                     

      (2)  The dollar value of the loss incurred by a depositor    908          

who has sold or delivered for sale, exchange, or solicitation or   909          

negotiation for sale agricultural commodities on which a fee was   910          

required and who is a creditor of the handler for all or a part    911          

of the value of the commodities shall be based on the amount       912          

stated on the obligation on the date of the sale.                  913          

      (B)  The agricultural commodity depositors fund shall be     915          

liable to a depositor for any moneys that are not recovered        916          

through other legal and equitable remedies as follows:             917          

      (1)  For commodities stored with a licensed handler under a  919          

bailment agreement for one hundred per cent of his THE             920          

                                                          21     

                                                                 
DEPOSITOR'S loss as determined under division (A)(1) of this       921          

section;                                                                        

      (2)  For commodities stored DEPOSITED with a licensed        923          

handler under an agreement other than a bailment agreement for     925          

one hundred per cent of the first ten thousand dollars of his THE  926          

DEPOSITOR'S loss and eighty per cent of the remaining dollar       927          

value of his THAT loss as determined under divisions (A)(1) and    928          

(2) of this section.  The aggregate amount recovered by a          930          

depositor under all remedies shall not exceed one hundred per      931          

cent of the value of his THE DEPOSITOR'S loss.  If the moneys      932          

recovered by a depositor under all remedies exceed one hundred     933          

per cent of the value of his THE DEPOSITOR'S loss, the depositor   934          

shall reimburse the fund in the amount that exceeds the value of                

his THAT loss.                                                     935          

      (C)  The director, with the approval of the commodity        937          

advisory commission, shall determine the validity of all claims    938          

presented against the fund.  A claim filed under this section for  939          

losses on agricultural commodities other than commodities stored   940          

under a bailment agreement shall not be valid unless the           941          

depositor has made a demand for settlement of the obligation       942          

within twelve months after the commodities are priced or           943          

delivered for sale, whichever occurs later.  Any depositor whose   944          

claim has been refused by the director and the commission may      945          

appeal the refusal to either TO the court of common pleas of       946          

Franklin county or the court of common pleas of the county in      947          

which the depositor resides.                                       948          

      The director shall provide for payment from the fund to any  950          

depositor whose claim has been found to be valid.                  951          

      (D)  If at any time the fund does not contain sufficient     953          

assets to pay valid claims, the director shall hold those claims   954          

for payment until the fund again contains sufficient assets.       955          

Claims against the fund shall be paid in the order in which they   956          

are presented and found to be valid.                               957          

      (E)  If a depositor files an action for legal or equitable   959          

                                                          22     

                                                                 
remedies in a state or federal court having jurisdiction in those  960          

matters that includes a claim against agricultural commodities     961          

upon which the depositor may file a claim against the fund at a    962          

later date, he THE DEPOSITOR ALSO shall also file with the         964          

director a copy of the action filed with the court.                965          

      In the event of payment of a loss under this section, the    967          

director shall be subrogated to the extent of the amount of any    968          

payments to all rights, powers, privileges, and remedies of the    969          

depositor against any person regarding the loss.                   970          

      The depositor shall render all necessary assistance to aid   972          

the director in securing the rights granted in this section.  No   973          

action or claim initiated by the depositor and pending at the      974          

time of payment from the fund may be compromised or settled        975          

without the consent of the director.                               976          

      (F)  If, prior to the effective date of this amendment JUNE  979          

20, 1994, a lawsuit, adversary proceeding, or other legal          980          

proceeding is brought against a depositor to recover money or                   

payments from funds to which a depositor has a right of            981          

indemnification under this section, and the depositor retains      982          

legal counsel resulting in a cost or expense to the depositor,     983          

upon the rendering of a judgment or other resolution of the        984          

lawsuit, adversary proceeding, or other legal proceeding, the      985          

director, in his THE DIRECTOR'S discretion and with the approval   986          

of the commodity advisory commission, may authorize                             

indemnification from the fund for attorney's fees paid by the      987          

depositor.  Any claim made by a depositor for the payment of       988          

attorney's fees under this division shall be made in the same      989          

manner as a claim under division (A) of this section.              990          

      Attorney's fees payable under this division shall be         992          

limited to the actual hourly fee charged or one hundred dollars    993          

per hour, whichever is less, and to a total maximum amount of      994          

three hundred dollars.                                                          

      Sec. 926.19.  (A)  There is hereby created in the state      1,003        

treasury the commodity handler regulatory program fund.  The       1,004        

                                                          23     

                                                                 
moneys in the fund shall be used to pay the examination and        1,005        

administrative costs of this chapter and shall consist of:         1,006        

      (1)  All revenues collected by the director of agriculture   1,008        

from distribution of the receipt forms under division (B) of       1,009        

section 926.20 of the Revised Code and such other forms and        1,010        

registration books as the director may require by rule for the     1,011        

administration of this chapter;                                    1,012        

      (2)  The application and examination fees collected under    1,014        

division (B) of section 926.05 of the Revised Code;                1,015        

      (3)  The agricultural commodity tester certificate fees      1,017        

collected under division (B) of section 926.30 of the Revised      1,018        

Code;                                                              1,019        

      (4)  Interest income transferred from the agricultural       1,021        

commodity depositors fund under section 926.16 of the Revised      1,022        

Code;                                                              1,023        

      (5)  ALL FINES, PENALTIES, AND COSTS, EXCEPT COURT COSTS,    1,025        

THAT ARE COLLECTED UNDER SECTION 926.99 OF THE REVISED CODE IN     1,026        

CONSEQUENCE OF A VIOLATION OF THIS CHAPTER;                        1,027        

      (6)  ALL SUMS COLLECTED BY THE DIRECTOR OF AGRICULTURE       1,029        

UNDER A CONTRACT DESCRIBED IN SECTION 926.36 OF THE REVISED CODE.  1,030        

      (B)  The examination and administrative costs of this        1,032        

chapter shall be computed by the director not later than the       1,033        

thirty-first day of December of each even-numbered year to cover   1,034        

the biennium that begins on the following first day of July.  The  1,035        

commodity advisory commission created in section 926.32 of the     1,036        

Revised Code shall approve, and may amend, the examination and     1,037        

administrative costs.  The commission's decision shall be binding  1,038        

on the director.  The commission may also at any time MAY approve  1,040        

for presentation to the controlling board a request to increase    1,041        

or decrease the appropriation authority for the biennial           1,042        

examination and administrative costs if it determines that an      1,043        

increase or decrease in the cost is necessary to carry out the     1,044        

purpose of this chapter.                                           1,045        

      (C)  If at any time the moneys deposited in the fund,        1,047        

                                                          24     

                                                                 
including interest income transferred from the agricultural        1,048        

commodity depositors fund under section 926.16 of the Revised      1,049        

Code, are not sufficient to pay the examination and                1,050        

administrative costs of this chapter, the director shall request   1,051        

an appropriation from the general revenue fund to pay those        1,052        

costs.                                                             1,053        

      Sec. 926.29.  (A)  A delayed price agreement is an           1,062        

executory contract which THAT shall be in such a form and contain  1,064        

such terms as the director of agriculture shall adopt by rule      1,065        

under Chapter 119. of the Revised Code.  The agreement shall be    1,066        

executed by and between the licensed handler and the depositor or  1,067        

by their authorized representatives not later than fifteen days    1,068        

after the first delivery of an agricultural commodity is received  1,069        

for delayed pricing under the agreement.  The handler shall        1,070        

maintain a file of executed agreements that are available for      1,071        

inspection at any reasonable time by the director or his THE       1,072        

DIRECTOR'S designated representative.  The handler ALSO shall      1,074        

also keep records and ledgers the director considers necessary to  1,076        

document the handler's obligation to the depositor under a         1,077        

delayed price agreement.  He THE HANDLER ALSO shall also provide   1,078        

reports, forms, and other evidence the director shall adopt by     1,080        

rule to document the storage and marketing of commodities under    1,081        

the delayed price agreement.                                                    

      (B)  Except SUBJECT TO THE LIEN THAT ATTACHES UNDER SECTION  1,083        

926.021 OF THE REVISED CODE AND EXCEPT as otherwise provided in    1,084        

division (C) of this section, a licensed handler who purchases     1,085        

any agricultural commodity under a delayed price agreement AT ALL  1,086        

TIMES shall at all times maintain the commodity, rights in the     1,088        

commodity, proceeds from the sale of the commodity, or a           1,089        

combination of the commodity, rights, and proceeds equal to at     1,090        

least ninety per cent of the value of his THE HANDLER'S            1,091        

obligation for all commodities that he THE HANDLER has purchased   1,092        

that are not priced under delayed price agreements.  The           1,093        

obligation shall be secured or represented by one or more of the   1,094        

                                                          25     

                                                                 
following:                                                         1,095        

      (1)  Maintenance of the commodity in storage in the          1,097        

handler's warehouse;                                               1,098        

      (2)  Rights in commodities as evidenced by a receipt or      1,100        

ticket for storage of the commodities under a bailment agreement   1,101        

in another warehouse approved by the director;                     1,102        

      (3)  Proceeds from the sale of commodities as evidenced or   1,104        

represented by one or more of the following:                       1,105        

      (a)  Cash on hand or held on account in a state or           1,107        

federally licensed financial institution or a lending agency of    1,108        

the farm credit administration;                                    1,109        

      (b)  Short-term investments held in time accounts with       1,111        

state or federally licensed financial institutions or a lending    1,112        

agency of the farm credit administration;                          1,113        

      (c)  Balances in commodity margin accounts;                  1,115        

      (d)  Commodities sold and shipped by the handler under       1,117        

delayed price agreements that have not been priced less any        1,118        

payments or advances that have been received by the handler;       1,119        

      (e)  Such other evidence of unencumbered assets as may be    1,121        

acceptable to the director, including an irrevocable letter of     1,122        

credit.                                                            1,123        

      (C)  A IN ADDITION TO THE LIEN THAT ATTACHES UNDER SECTION   1,125        

926.021 OF THE REVISED CODE, A depositor who sells an              1,126        

agricultural commodity to a licensed handler under a delayed       1,127        

price agreement may, upon giving notice to the handler either at   1,128        

or prior to the time of delivery, MAY demand as security for       1,129        

payment for the commodity an amount that, at the time of           1,130        

delivery, is equal to one hundred per cent of the national loan    1,131        

rate value of the commodity under the United States department of  1,132        

agriculture price support program, or seventy-five per cent of     1,133        

the average price being paid for the commodity in the state on     1,134        

the date of demand as published by the market news service of the  1,135        

department of agriculture, whichever is less.  The handler shall   1,136        

satisfy a demand for security on a commodity sold under a delayed  1,137        

                                                          26     

                                                                 
price agreement at the handler's option by one of the following:   1,138        

      (1)  Payment to the depositor by cash or bank draft on the   1,140        

account of the handler;                                            1,141        

      (2)  Causing an irrevocable letter of credit to be issued    1,143        

to the depositor by a bank designated by the handler securing      1,144        

payment in the specified amount.  The letter of credit shall be    1,145        

subject to Chapter 1305. of the Revised Code and rules adopted by  1,146        

the director pursuant to Chapter 119. of the Revised Code.         1,147        

      Sec. 926.30.  (A)  No licensed handler or employee of a      1,156        

licensed handler who receives an agricultural commodity from a     1,157        

producer, either for sale or for storage under a bailment          1,158        

agreement, shall perform a quality test on the commodity for the   1,159        

purpose of applying a premium, discount, or conditioning charge    1,160        

unless the person making the test has completed a training course  1,161        

or on-the-job training as an agricultural commodity tester PASSED  1,162        

AN EXAMINATION ON THE SUBJECT THAT IS APPROVED BY THE DIRECTOR OF  1,163        

AGRICULTURE.  UPON APPLICATION BY A PERSON WHO HAS PASSED THE      1,164        

EXAMINATION, THE DIRECTOR SHALL ISSUE TO THE PERSON AN             1,165        

AGRICULTURAL COMMODITY TESTER CERTIFICATE THAT SHALL BE VALID FOR  1,166        

A PERIOD OF THREE YEARS.  EXCEPT AS OTHERWISE PROVIDED IN THIS     1,167        

DIVISION, AN AGRICULTURAL COMMODITY TESTER SHALL PASS AN           1,168        

EXAMINATION ON AGRICULTURAL COMMODITY TESTING APPROVED BY THE                   

DIRECTOR PRIOR TO EACH RENEWAL OF A CERTIFICATE.  THE DIRECTOR     1,169        

MAY EXEMPT FROM THE EXAMINATION REQUIREMENT FOR CERTIFICATE        1,170        

RENEWAL AN AGRICULTURAL COMMODITY TESTER WHO, DURING THE YEAR      1,171        

PRIOR TO EXPIRATION OF THE CERTIFICATE, SUCCESSFULLY COMPLETES     1,172        

TRAINING ON AGRICULTURAL COMMODITY TESTING THAT HAS BEEN APPROVED  1,173        

BY THE DIRECTOR.  The director of agriculture shall establish by   1,174        

rule the curriculum for the training course or on-the-job          1,175        

STANDARDS THAT SUCH training that shall MUST MEET IN ORDER TO BE   1,177        

APPROVED BY THE DIRECTOR.  THE RULES SHALL REQUIRE THE TRAINING    1,178        

TO include instructions in the use of the official grain           1,179        

standards of the United States as a basis for determining the      1,180        

quality of the commodities tested by an agricultural commodity     1,181        

                                                          27     

                                                                 
tester.  AN AGRICULTURAL COMMODITY TESTER CERTIFICATE ISSUED       1,182        

PRIOR TO THE EFFECTIVE DATE OF THIS AMENDMENT SHALL BE CONSIDERED  1,183        

TO BE VALID UNTIL THE DATE ON WHICH, AT THE TIME OF ISSUANCE, IT   1,184        

WAS SCHEDULED TO EXPIRE.  UPON EXPIRATION OF THE CERTIFICATE, THE  1,185        

EXAMINATION REQUIREMENT FOR RENEWAL SHALL APPLY.                                

      (B)  Upon successful completion of the training required     1,187        

under division (A) of this section and upon application by the     1,188        

trainee, the director shall issue to an agricultural commodity     1,189        

tester a certificate that shall be valid for a period of two       1,190        

years.  The director may determine that retraining or review is    1,191        

necessary for the tester as a result of changes in or amendments   1,192        

to the official grain standards of the United States, or if the    1,193        

director has reason to believe that retraining is necessary as a   1,194        

result of complaints relating to the tester's inability to         1,195        

accurately test commodities according to the official grain        1,196        

standards.  A fee to cover the cost of issuing certificates and    1,197        

administering the educational program shall be established by      1,198        

rule of the director adopted under Chapter 119. of the Revised     1,199        

Code and shall be deposited into the commodity handler regulatory  1,200        

program fund created in section 926.19 of the Revised Code.        1,201        

      (C)  The director may suspend or revoke the certificate of   1,203        

an agricultural commodity tester in accordance with Chapter 119.   1,204        

of the Revised Code for failure or inability of the tester to      1,205        

apply the official grain standards of the United States in         1,206        

testing the quality of an agricultural commodity.                  1,207        

      Sec. 926.32.  (A)  There is hereby created the commodity     1,216        

advisory commission consisting of seven members to be appointed    1,217        

by the director of agriculture.  Not later than January 1, 1983,   1,218        

the director shall make appointments to the commission.  Of the    1,219        

initial appointments, three shall be for terms ending January 1,   1,220        

1984, two shall be for terms ending January 1, 1985, and two       1,221        

shall be for terms ending January 1, 1986.  Thereafter, terms of   1,222        

office shall be for three years, each term ending on the same day  1,223        

of the same month of the year as did the term that it succeeds.    1,224        

                                                          28     

                                                                 
Each member shall hold office from the date of his appointment     1,225        

until the end of the term for which he THE MEMBER was appointed.   1,226        

Any member appointed to fill a vacancy occurring prior to the      1,228        

expiration of the term for which his THE MEMBER'S predecessor was  1,229        

appointed shall hold office for the remainder of the term.  Any    1,231        

member shall continue in office subsequent to the expiration date  1,232        

of his THE MEMBER'S term until his THE MEMBER'S successor takes    1,234        

office or until a period of sixty days has elapsed, whichever      1,235        

occurs first.                                                                   

      (B)  The commission shall at all times be composed of three  1,237        

farmers who are primarily engaged PRIMARILY in the production of   1,238        

agricultural commodities, one licensed handler who is the manager  1,239        

of a farmers cooperative, one licensed handler who is the owner    1,240        

and operator of a warehouse located in a rural area, one licensed  1,241        

handler representing a warehouse located at a major agricultural   1,242        

commodity transportation center, and one banker who is an officer  1,243        

of a rural bank.  The director shall annually designate ANNUALLY   1,244        

one member of the commission to serve as its chairman CHAIRPERSON  1,246        

and may, after notice and public hearing, MAY remove any member    1,248        

only for neglect of duty or malfeasance in office.                 1,249        

      (C)  A vacancy on the commission shall not impair the right  1,251        

of the other members to exercise all of the commission's powers.   1,252        

Two farmer members and two handler members shall constitute a      1,253        

quorum for the conduct of business of the commission.              1,254        

      (D)  The commission shall meet in Columbus at least three    1,256        

times annually at times that the commission shall set by rule and  1,257        

may meet at other times that the chairman CHAIRPERSON or a         1,258        

majority of the commission members considers appropriate;          1,260        

provided, that no meeting shall be held on the call of the         1,261        

chairman CHAIRPERSON unless at least seven days' written notice    1,263        

is first given to all members of the commission.                   1,264        

      (E)  Each member shall be reimbursed for his THE MEMBER'S    1,266        

actual and necessary expenses incurred in the discharge of his     1,268        

duties as a commission member.                                     1,269        

                                                          29     

                                                                 
      (F)  The commission may adopt, amend, or rescind rules or    1,271        

procedures governing the conduct of its internal affairs.          1,272        

      (G)  The commission may request from the director, and the   1,274        

director shall provide, meeting space, assistance, services, and   1,275        

data to enable it to carry out its functions.                      1,276        

      (H)  All costs of the commission, including all of the       1,278        

expenses of its members and consultants authorized in this         1,279        

section, shall be paid from the commodity handler regulatory       1,280        

program fund created in section 926.19 of the Revised Code         1,281        

pursuant to itemized vouchers approved by the chairman             1,282        

CHAIRPERSON of the commission and the director.                    1,284        

      (I)  The director shall designate an official or employee    1,286        

of the department of agriculture to act as the executive           1,287        

secretary of the commission.  The director ALSO may also request   1,288        

the attendance at meetings of the commission consultants with      1,290        

expertise in agricultural law, marketing, statistics, or any       1,291        

other subject to advise and consult with the commission on         1,292        

matters on the agenda of any regular or special meeting of the     1,293        

commission.  The expenses incurred by consultants attending those  1,294        

meetings shall be reimbursed according to division (H) of this     1,295        

section.  The executive secretary shall keep or cause to be kept   1,296        

a permanent journal of all meetings, proceedings, findings,        1,297        

determinations, and recommendations of the commission, including   1,298        

an itemized statement of the expenses allowed to each member of    1,299        

the commission and consultants under this section.  The journal    1,300        

shall be a public record.                                          1,301        

      (J)  In addition to the authority granted in division (F)    1,303        

of section 926.05, division (B) of section 926.17, divisions (A)   1,304        

and (C) of section 926.18, and division (B) of section 926.19 of   1,305        

the Revised Code, the commission shall advise and counsel the      1,306        

director on all matters relating to:                               1,307        

      (1)  The administration of this chapter;                     1,309        

      (2)  The development of rules authorized by section 926.02   1,311        

of the Revised Code;                                               1,312        

                                                          30     

                                                                 
      (3)  Any other matters that the commission and the director  1,314        

consider appropriate in carrying out this chapter.                 1,315        

      Sec. 926.36.  THE DIRECTOR OF AGRICULTURE MAY ENTER INTO A   1,317        

CONTRACT WITH A MARKETING ASSOCIATION THAT IS INVOLVED IN A        1,318        

PROGRAM DESIGNED TO IMPROVE OR EXPAND THE MARKET FOR AN            1,319        

AGRICULTURAL COMMODITY AND FUNDED BY AN ASSESSMENT THAT IS LEVIED  1,321        

ON PRODUCERS OF THE AGRICULTURAL COMMODITY AND CALCULATED ON THE   1,322        

BASIS OF THE VOLUME OF AGRICULTURAL COMMODITIES PRODUCED BY THE                 

PRODUCER.  UNDER THE CONTRACT, THE MARKETING ASSOCIATION MAY       1,323        

AGREE TO PAY THE DIRECTOR A MUTUALLY ACCEPTABLE SUM AND IN         1,324        

EXCHANGE THE DIRECTOR MAY AGREE TO FURNISH THE MARKETING           1,325        

ASSOCIATION WITH INFORMATION THAT THE DIRECTOR OBTAINS UNDER       1,326        

SECTION 926.11 OF THE REVISED CODE REGARDING THE VOLUME OF         1,328        

COMMODITIES PRODUCED BY PRODUCERS WHO PARTICIPATE IN THE           1,329        

MARKETING PROGRAM, AND RELATED FINANCIAL INFORMATION.              1,330        

      THE MARKETING ASSOCIATION MAY USE THE INFORMATION TO         1,332        

DETERMINE WHETHER A PRODUCER HAS TRUTHFULLY DISCLOSED THE VOLUME   1,333        

OF AGRICULTURAL COMMODITIES PRODUCED BY THE PRODUCER AND WHETHER   1,334        

THE MARKETING ASSOCIATION HAS RECEIVED THE CORRECT AMOUNT IN       1,335        

ASSESSMENTS.                                                       1,336        

      ANY SUM PAID TO THE DIRECTOR UNDER A CONTRACT ENTERED INTO   1,338        

UNDER THIS SECTION SHALL BE DEPOSITED IN THE COMMODITY HANDLER     1,339        

REGULATORY PROGRAM FUND CREATED IN SECTION 926.19 OF THE REVISED   1,341        

CODE.                                                              1,342        

      Sec. 926.99.  (A)  Whoever (1)  EXCEPT AS PROVIDED IN        1,351        

DIVISION (A)(2) OF THIS SECTION, WHOEVER violates section 926.04   1,352        

of the Revised Code is guilty of a minor misdemeanor OF THE FIRST  1,354        

DEGREE ON A FIRST OFFENSE AND A FELONY OF THE FIFTH DEGREE ON      1,355        

EACH SUBSEQUENT OFFENSE.                                                        

      (2)  A PERSON WHO VIOLATES SECTION 926.04 OF THE REVISED     1,360        

CODE AND WHO IS INSOLVENT AND FINANCIALLY UNABLE TO SATISFY A      1,361        

CLAIMANT AS DEFINED IN SECTION 926.021 OF THE REVISED CODE IS      1,363        

GUILTY OF A FELONY OF THE FIFTH DEGREE IF THE FINANCIAL            1,364        

OBLIGATION OWED BY THE OFFENDER TO THE CLAIMANT IS FIVE HUNDRED    1,365        

                                                          31     

                                                                 
DOLLARS OR MORE AND IS LESS THAN FIVE THOUSAND DOLLARS.  IF THE    1,366        

FINANCIAL OBLIGATION IS FIVE THOUSAND DOLLARS OR MORE AND IS LESS  1,367        

THAN ONE HUNDRED THOUSAND DOLLARS, THE OFFENDER IS GUILTY OF A     1,368        

FELONY OF THE FOURTH DEGREE.  IF THE FINANCIAL OBLIGATION IS ONE   1,369        

HUNDRED THOUSAND DOLLARS OR MORE, THE OFFENDER IS GUILTY OF A      1,370        

FELONY OF THE THIRD DEGREE.                                        1,371        

      (B)  Whoever violates division (E) or (F) of section 926.20  1,373        

or division (A) of section 926.22 of the Revised Code is guilty    1,374        

of a minor misdemeanor on a first offense and a misdemeanor of     1,375        

the second degree on each subsequent offense.                      1,376        

      (C)  Whoever violates division (G) of section 926.20 or      1,378        

section 926.34 or 926.35 of the Revised Code is guilty of a        1,379        

felony of the fourth degree.                                       1,380        

      (D)  Whoever violates division (A) of section 926.28, or     1,384        

division (B) of section 926.29, of the Revised Code is guilty of   1,385        

a felony of the fifth degree.                                      1,386        

      (E)  Whoever violates section 926.31 of the Revised Code is  1,388        

guilty of a misdemeanor of the fourth degree.                      1,389        

      Sec. 4513.32.  When one vehicle is towing another vehicle,   1,398        

the drawbar or other connection shall be of sufficient strength    1,399        

to pull all the weight towed thereby, and the drawbar or other     1,400        

connection shall not exceed fifteen feet from one vehicle to the   1,401        

other, except the connection between any two vehicles              1,402        

transporting poles, pipe, machinery, or other objects of           1,403        

structural nature which cannot readily be dismembered.             1,404        

      When one vehicle is towing another and the connection        1,406        

consists only of a chain, rope, or cable, there shall be           1,407        

displayed upon such connection a white flag or cloth not less      1,408        

than twelve inches square.                                         1,409        

      In addition to such drawbar or other connection, each        1,411        

trailer and each semitrailer which is not connected to a           1,412        

commercial tractor by means of a fifth wheel shall be coupled      1,413        

with stay chains or cables to the vehicle by which it is being     1,414        

drawn.  The chains or cables shall be of sufficient size and       1,415        

                                                          32     

                                                                 
strength to prevent the towed vehicle's parting from the drawing   1,416        

vehicle in case the drawbar or other connection should break or    1,417        

become disengaged.  In case of a loaded pole trailer, the          1,418        

connecting pole to the drawing vehicle shall be coupled to the     1,419        

drawing vehicle with stay chains or cables of sufficient size and  1,420        

strength to prevent the towed vehicle's parting from the drawing   1,421        

vehicle.                                                           1,422        

      Every trailer or semitrailer, except pole and cable          1,424        

trailers and pole and cable dollies operated by a public utility   1,425        

as defined in section 5727.01 of the Revised Code, shall be        1,426        

equipped with a coupling device, which shall be so designed and    1,427        

constructed that the trailer will follow substantially in the      1,428        

path of the vehicle drawing it, without whipping or swerving from  1,429        

side to side.  Vehicles used to transport agricultural produce or  1,430        

agricultural production materials between a local place of         1,431        

storage and supply and the farm, when drawn or towed on a street   1,432        

or highway at a speed of twenty-five miles per hour or less, and   1,433        

vehicles designed and used exclusively to transport a boat         1,434        

between a place of storage and a marina, or in and around a        1,435        

marina, when drawn or towed on a street or highway for a distance  1,436        

of no more than ten miles and at a speed of twenty-five miles per  1,437        

hour or less, shall have a drawbar or other connection, including  1,438        

the hitch mounted on the towing vehicle, which shall be of         1,439        

sufficient strength to pull all the weight towed thereby.  Only    1,440        

one such vehicle used to transport agricultural produce or         1,441        

agricultural production materials as provided in this section may  1,442        

be towed or drawn at one time unless the towing vehicle is an      1,443        

agricultural tractor, EXCEPT AS FOLLOWS:                           1,444        

      (A)  AN AGRICULTURAL TRACTOR MAY TOW OR DRAW MORE THAN ONE   1,447        

SUCH VEHICLE;                                                                   

      (B)  A PICKUP TRUCK OR STRAIGHT TRUCK DESIGNED BY THE        1,450        

MANUFACTURER TO CARRY A LOAD OF NOT LESS THAN ONE-HALF TON AND     1,451        

NOT MORE THAN TWO TONS MAY TOW OR DRAW NOT MORE THAN TWO SUCH      1,452        

VEHICLES THAT ARE BEING USED TO TRANSPORT AGRICULTURAL PRODUCE     1,453        

                                                          33     

                                                                 
FROM THE FARM TO A LOCAL PLACE OF STORAGE.  NO VEHICLE BEING SO    1,454        

TOWED BY SUCH A PICKUP TRUCK OR STRAIGHT TRUCK SHALL BE            1,455        

CONSIDERED TO BE A MOTOR VEHICLE.                                               

      Sec. 5577.042.  (A)  AS USED IN THIS SECTION:                1,457        

      (1)  "FARM MACHINERY" HAS THE SAME MEANING AS IN SECTION     1,459        

4501.01 OF THE REVISED CODE.                                       1,461        

      (2)  "FARM COMMODITIES" INCLUDES LIVESTOCK, BULK MILK,       1,464        

CORN, SOYBEANS, TOBACCO, AND WHEAT.                                             

      (3)  "FARM TRUCK" MEANS A TRUCK USED IN THE TRANSPORTATION   1,466        

FROM A FARM OF FARM COMMODITIES WHEN THE TRUCK IS OPERATED IN      1,467        

ACCORDANCE WITH THIS SECTION.                                      1,468        

      (4)  "LOG TRUCK" MEANS A TRUCK USED IN THE TRANSPORTATION    1,470        

OF TIMBER FROM THE SITE OF ITS CUTTING WHEN THE TRUCK IS OPERATED  1,471        

IN ACCORDANCE WITH THIS SECTION.                                   1,472        

      (B)  NOTWITHSTANDING SECTIONS 5577.02 AND 5577.04 OF THE     1,476        

REVISED CODE, A FARM TRUCK OR FARM MACHINERY TRANSPORTING FARM     1,477        

COMMODITIES, OR A LOG TRUCK TRANSPORTING TIMBER, FROM THE PLACE    1,479        

OF PRODUCTION TO THE FIRST POINT OF DELIVERY WHERE THE                          

COMMODITIES ARE WEIGHED AND TITLE TO THE COMMODITIES OR TIMBER IS  1,481        

TRANSFERRED, MAY EXCEED BY NO MORE THAN FIVE PER CENT THE WEIGHT   1,482        

PROVISIONS OF SECTIONS 5577.01 TO 5577.09 OF THE REVISED CODE AND  1,484        

NO PENALTY PRESCRIBED IN SECTION 5577.99 OF THE REVISED CODE       1,485        

SHALL BE IMPOSED.  IF A FARM TRUCK OR FARM MACHINERY SO            1,486        

TRANSPORTING FARM COMMODITIES, OR A TIMBER TRUCK SO TRANSPORTING                

TIMBER, EXCEEDS BY MORE THAN FIVE PER CENT THE WEIGHT PROVISIONS   1,487        

OF THOSE SECTIONS, BOTH OF THE FOLLOWING APPLY WITHOUT REGARD TO   1,488        

THE FIVE PER CENT ALLOWANCE PROVIDED BY THIS DIVISION:             1,490        

      (1)  THE APPLICABLE PENALTY PRESCRIBED IN SECTION 5577.99    1,492        

OF THE REVISED CODE;                                                            

      (2)  THE CIVIL LIABILITY IMPOSED BY SECTION 5577.12 OF THE   1,494        

REVISED CODE.                                                                   

      (C)(1)  DIVISION (B) OF THIS SECTION DOES NOT APPLY TO THE   1,497        

OPERATION OF A FARM TRUCK, LOG TRUCK, OR FARM MACHINERY                         

TRANSPORTING FARM COMMODITIES DURING THE MONTHS OF FEBRUARY AND    1,499        

                                                          34     

                                                                 
MARCH.                                                                          

      (2)  REGARDLESS OF WHEN THE OPERATION OCCURS, DIVISION (B)   1,501        

OF THIS SECTION DOES NOT APPLY TO THE OPERATION OF A FARM TRUCK,   1,502        

LOG TRUCK, OR FARM MACHINERY TRANSPORTING FARM COMMODITIES ON      1,503        

EITHER OF THE FOLLOWING:                                           1,504        

      (a)  A HIGHWAY THAT IS PART OF THE INTERSTATE SYSTEM;        1,506        

      (b)  A HIGHWAY, ROAD, OR BRIDGE THAT IS SUBJECT TO REDUCED   1,508        

MAXIMUM WEIGHTS UNDER SECTION 4513.33, 5577.07, 5577.071,          1,509        

5577.08, 5577.09, OR 5591.42 OF THE REVISED CODE.                  1,511        

      Section 2.  That existing sections 926.01, 926.021, 926.05,  1,513        

926.06, 926.10, 926.16, 926.18, 926.19, 926.29, 926.30, 926.32,    1,514        

926.99, and 4513.32 of the Revised Code are hereby repealed.       1,515