REPRESENTATIVES Aslanides, Seitz, Hollister, Schaffer

To amend sections 924.07, 924.09, and 924.12 of the

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Revised Code to revise certain provisions of the

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law governing agricultural commodity marketing

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programs.

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

Section 1. That sections 924.07, 924.09, and 924.12 of the	5
Revised Code be amended to read as follows:	6

Sec. 924.07.  (A) When the producers of an agricultural	7
commodity who vote in a referendum favor a proposed marketing	8
program, the director of agriculture shall order the program	9
established and, if the marketing program does not provide for the	10
election of an operating committee, appoint an operating committee	11
consisting of an odd number of producers of saidthe commodity to	12
administer the program. Each operating committee shall consist of	13
not less than fivethree nor more than fifteen membersproducers.	14

(B) Of the members first appointed to an operating	15
committee, the director shall appoint approximately one-third for	16
one-year terms, approximately one-third for two-year terms, and	17
the remainder for three-year terms. Thereafter, hethe director	18
shall appoint each member for a three-year term unless the	19
appointee is to fill a vacancy in which case hethe appointee	20
shall be appointed for the unexpired term. Each such subsequent	21
appointment shall be made prior to the expiration date of the	22
preceding or vacant term.	23

(C) The director shall not appoint any member of an	24
operating committee to serve more than three successive full	25
three-year terms.	26

(D) The director shall appoint members of each operating	27
committee from a list of candidates recommended by the producers	28
of the agricultural commodity for which the marketing program is	29
established. Insofar as possible the members shall be equitably	30
distributed by geographic and production areas. Any list of	31
candidates recommended to the director by producers shall include	32
not less than twice as many candidates as the number of members	33
which are to be appointed, but in no case shall a list include	34
fewer than three names.	35

(E) The director, or histhe director's designee, is an ex	36
officio member of each operating committee, with the right to	37
vote.	38

(F) Each member of an operating committee, except the	39
director or histhe director's designee, is entitled to actual and	40
necessary travel and incidental expenses while attending meetings	41
of the committee or while engaged in the performance of official	42
responsibilities delegated to the committee. No member of such a	43
committee shall receive in excess of thirty dollars per day, in	44
addition to such travel and incidental expenses, or for more than	45
twenty-four days per year for duties performed as a member of such	46
the committee.	47

(G) No person is civilly liable for any actions taken in	48
good faith as a member of an operating committee.	49

Sec. 924.09.  (A) Each operating committee may make	50
assessments upon the marketable agricultural commodity for which	51
the marketing program was established.	52

(B) No operating committee shall levy any assessment:

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(1) WhichThat was not approved by the producers affected by	54
the program;	55

(2) WhichThat exceeds two cents per bushel of corn,	56
soybeans, or wheat, or two per cent of the average market price of	57
any other agricultural commodity during the preceding marketing	58
year as defined for the commodity by the United States department	59
of agriculture or, if there is no such definition, by the	60
director;	61

(3) Against any producer who is not eligible to vote in a	62
referendum for the marketing program whichthat the operating	63
committee administers.	64

(C) The director of agriculture may require a producer,	65
processor, distributor, or handler of an agricultural commodity	66
for which a marketing program has been established under sections	67
924.01 to 924.16 of the Revised Code to withhold assessments from	68
any amounts that hethe producer, processor, distributor, or	69
handler owes to producers of the commodity and, notwithstanding	70
division (B)(3) of this section, to remit them to the director.	71
Any processor, distributor, or handler who pays for any producer	72
any assessment whichthat is levied under authority of this	73
section, may deduct the amount of suchthe assessment from any	74
moneys which hethat the processor, distributor, or handler owes	75
to the producer.	76

(D) No operating committee shall use any assessments which	77
that it levies for any political or legislative purpose, or for	78
preferential treatment of one person to the detriment of any other	79
person affected by the marketing program.	80

(E) EachThe operating committee of each marketing program	81
shall require a refund ofto a producer the assessments collected	82
by its operating committee under this sectionthat it collects	83
from the producer not later than thirtysixty days after receipt	84
of ana valid application by athe producer for a refund, provided	85
that the producer complies with the procedures for a refund that	86
were included in the program under division (B)(3) of section	87
924.04 of the Revised Code.	88

In the case of the state beef marketing program, in lieu of	89
giving a refund to a producer, the director of the program's	90
operating committee may forward the refund to the cattlemen's beef	91
promotion and research board pursuant to the "Beef Promotion and	92
Research Act," 99 Stat. 1597 (1985), 7 U.S.C.A. 2901, and	93
amendments thereto, and shall credit that amount to the total	94
amount owed by the producer to the federal beef program. Each	95
application for a refund of assessments levied for a program	96
established after April 10, 1985 shall be made on a form provided	97
by the director of agriculture. Each operating committee for such	98
a program shall ensure that refund forms are available where	99
assessments for its program are withheld.	100

Sec. 924.12.  (A) The director of agriculture may	101
temporarily suspend the operation of a marketing program, or any	102
part thereof, for any reason, upon recommendation by the operating	103
committee for the program, for a period of not more than twelve	104
consecutive months.	105

(B) At least once in each five years of operation, or at any	106
time upon written petition by the lesser of twenty per cent or one	107
thousand of the producers affected by a marketing program, the	108
director shall hold a hearing as prescribed in Chapter 119. of the	109
Revised Code to consider the continuation of the program.	110

(C) Within thirty days after the close of any hearing to	111
consider the continuation of a marketing program, the director	112
shall recommend continuation or termination of the program, and	113
shall give public notice, and notify each producer of record, all	114
parties appearing at the hearing, and other interested parties, of	115
histhe recommendation by publication in the applicable trade	116
journal and in the register of Ohio. The director also shall	117
provide notice of the recommendation to any other person who, in	118
writing, has requested notification.	119

(D) When the director recommends termination of a marketing	120
program established before April 10, 1985, he shall, within	121
forty-five days, conduct a referendum to determine whether the	122
affected producers favor the proposed termination. The affected	123
producers favor the termination of the program if fifty-one per	124
cent or more, by number, of the producers who vote in the	125
referendum, vote in favor of termination of the program and	126
represent fifty-one per cent or more of the volume of the affected	127
agricultural commodity which was produced in the preceding	128
marketing year by all producers who voted in the referendum.	129

(E) When the director recommends termination of a marketing	130
program established on or after April 10, 1985, hethe director	131
shall, within forty-five days, conduct a referendum to determine	132
whether the affected producers favor the proposed termination. The	133
affected producers favor the termination of the program if a	134
majority of the producers who vote in the referendum vote in favor	135
of termination of the program.	136

Section 2. That existing sections 924.07, 924.09, and 924.12	137
of the Revised Code are hereby repealed.	138