SENATORS Carnes, Mumper, Harris, Austria, Amstutz

To amend sections 901.04, 924.07, 924.09, and 924.12

1

of the Revised Code to revise certain provisions of

2

the law governing agricultural commodity marketing

3

programs and to authorize the Director of

4

Agriculture to award grants for the purpose of

5

promoting agriculture.

6

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

Section 1. That sections 901.04, 924.07, 924.09, and 924.12	7
of the Revised Code be amended to read as follows:	8

Sec. 901.04.  (A) The department of agriculture may solicit	9
or accept from any public or private source and shall deposit in	10
the state treasury to the credit of the agro Ohio fund any grant,	11
gift, devise, or bequest of money made to or for the use of the	12
department in fulfilling its statutory duties or for promoting any	13
part of the public welfare that is under the supervision and	14
control of the department. The department of agriculture may also	15
accept and hold on behalf of Ohiothis state any grant, gift,	16
devise, or bequest of other property made to or for the use of the	17
department or for promoting any part of the public welfare that is	18
under the supervision and control of the department. The	19
department may contract for and carry out the terms and conditions	20
of any devise, grant, gift, or donation that may be so made.	21

(B) There is hereby created in the state treasury the agro	22
Ohio fund, to which shall be credited all sums received under	23
division (A) of this section and divisions (A)(2) and (C) of	24
section 2105.09 of the Revised Code. All money received under	25
divisions (A)(2) and (C) of section 2105.09 of the Revised Code	26
shall be used for the benefit of agriculture.	27

(C) The director may use all or any portion of the moneys in	28
the agro Ohio fund to award grants for the purpose of promoting	29
agriculture in this state. With respect to such grants that	30
consist of moneys other than federal moneys, the director shall	31
adopt rules in accordance with Chapter 119. of the Revised Code	32
establishing all of the following:	33

(1) Specific purposes for which grants may be awarded;

34

(2) Procedures for soliciting grant applications, applying	35
for grants, awarding grants, and otherwise administering grants;	36

(3) Eligibility criteria for receiving grants that must be	37
satisfied by applicants for the grants;	38

(4) Any other procedures and requirements that are necessary	39
to administer a grant program.	40

(D) Federal moneys deposited into the agro Ohio fund shall	41
be used in accordance with any terms that federal law prescribes	42
for their use.	43

Sec. 924.07.  (A) When the producers of an agricultural	44
commodity who vote in a referendum favor a proposed marketing	45
program, the director of agriculture shall order the program	46
established and, if the marketing program does not provide for the	47
election of an operating committee, appoint an operating committee	48
consisting of an odd number of producers of saidthe commodity to	49
administer the program. Each operating committee shall consist of	50
not less than fivethree nor more than fifteen membersproducers.	51

(B) Of the members first appointed to an operating	52
committee, the director shall appoint approximately one-third for	53
one-year terms, approximately one-third for two-year terms, and	54
the remainder for three-year terms. Thereafter, hethe director	55
shall appoint each member for a three-year term unless the	56
appointee is to fill a vacancy in which case hethe appointee	57
shall be appointed for the unexpired term. Each such subsequent	58
appointment shall be made prior to the expiration date of the	59
preceding or vacant term.	60

(C) The director shall not appoint any member of an	61
operating committee to serve more than three successive full	62
three-year terms.	63

(D) The director shall appoint members of each operating	64
committee from a list of candidates recommended by the producers	65
of the agricultural commodity for which the marketing program is	66
established. Insofar as possible the members shall be equitably	67
distributed by geographic and production areas. Any list of	68
candidates recommended to the director by producers shall include	69
not less than twice as many candidates as the number of members	70
which are to be appointed, but in no case shall a list include	71
fewer than three names.	72

(E) The director, or histhe director's designee, is an ex	73
officio member of each operating committee, with the right to	74
vote.	75

(F) Each member of an operating committee, except the	76
director or histhe director's designee, is entitled to actual and	77
necessary travel and incidental expenses while attending meetings	78
of the committee or while engaged in the performance of official	79
responsibilities delegated to the committee. No member of such a	80
committee shall receive in excess of thirty dollars per day, in	81
addition to such travel and incidental expenses, or for more than	82
twenty-four days per year for duties performed as a member of such	83
the committee.	84

(G) No person is civilly liable for any actions taken in	85
good faith as a member of an operating committee.	86

Sec. 924.09.  (A) Each operating committee may make	87
assessments upon the marketable agricultural commodity for which	88
the marketing program was established.	89

(B) No operating committee shall levy any assessment:

90

(1) WhichThat was not approved by the producers affected by	91
the program;	92

(2) WhichThat exceeds two cents per bushel of corn,	93
soybeans, or wheat, or two per cent of the average market price of	94
any other agricultural commodity during the preceding marketing	95
year as defined for the commodity by the United States department	96
of agriculture or, if there is no such definition, by the	97
director;	98

(3) Against any producer who is not eligible to vote in a	99
referendum for the marketing program whichthat the operating	100
committee administers.	101

(C) The director of agriculture may require a producer,	102
processor, distributor, or handler of an agricultural commodity	103
for which a marketing program has been established under sections	104
924.01 to 924.16 of the Revised Code to withhold assessments from	105
any amounts that hethe producer, processor, distributor, or	106
handler owes to producers of the commodity and, notwithstanding	107
division (B)(3) of this section, to remit them to the director.	108
Any processor, distributor, or handler who pays for any producer	109
any assessment whichthat is levied under authority of this	110
section, may deduct the amount of suchthe assessment from any	111
moneys which hethat the processor, distributor, or handler owes	112
to the producer.	113

(D) No operating committee shall use any assessments which	114
that it levies for any political or legislative purpose, or for	115
preferential treatment of one person to the detriment of any other	116
person affected by the marketing program.	117

(E) EachThe operating committee of each marketing program	118
shall require a refund ofto a producer the assessments collected	119
by its operating committee under this sectionthat it collects	120
from the producer not later than thirtysixty days after receipt	121
of ana valid application by athe producer for a refund, provided	122
that the producer complies with the procedures for a refund that	123
were included in the program under division (B)(3) of section	124
924.04 of the Revised Code.	125

In the case of the state beef marketing program, in lieu of	126
giving a refund to a producer, the director of the program's	127
operating committee may forward the refund to the cattlemen's beef	128
promotion and research board pursuant to the "Beef Promotion and	129
Research Act," 99 Stat. 1597 (1985), 7 U.S.C.A. 2901, and	130
amendments thereto, and shall credit that amount to the total	131
amount owed by the producer to the federal beef program. Each	132
application for a refund of assessments levied for a program	133
established after April 10, 1985 shall be made on a form provided	134
by the director of agriculture. Each operating committee for such	135
a program shall ensure that refund forms are available where	136
assessments for its program are withheld.	137

Sec. 924.12.  (A) The director of agriculture may	138
temporarily suspend the operation of a marketing program, or any	139
part thereof, for any reason, upon recommendation by the operating	140
committee for the program, for a period of not more than twelve	141
consecutive months.	142

(B) At least once in each five years of operation, or at any	143
time upon written petition by the lesser of twenty per cent or one	144
thousand of the producers affected by a marketing program, the	145
director shall hold a hearing as prescribed in Chapter 119.give	146
public notice by analogy to division (A) of and conduct a hearing	147
under division (C) of section 119.03 of the Revised Code to	148
consider the continuation of the program. The director shall file	149
a copy of the public notice with the director of the legislative	150
service commission for purposes of publishing the public notice in	151
the register of Ohio.	152

(C) Within thirty days after the close of any hearing to	153
consider the continuation of a marketing program, the director of	154
agriculture shall recommend continuation or termination of the	155
program, and shall give public notice, and notify each producer of	156
record, all parties appearing at the hearing, and other interested	157
parties, of histhe recommendation by publication in the register	158
of Ohio. The director also shall provide notice of the	159
recommendation to any person who, in writing, has requested	160
notification and may give whatever other notice the director	161
reasonably considers necessary to ensure that notice is	162
constructively given to all persons who are affected by the	163
program.	164

(D) When the director recommends termination of a marketing	165
program established before April 10, 1985, he shall, within	166
forty-five days, conduct a referendum to determine whether the	167
affected producers favor the proposed termination. The affected	168
producers favor the termination of the program if fifty-one per	169
cent or more, by number, of the producers who vote in the	170
referendum, vote in favor of termination of the program and	171
represent fifty-one per cent or more of the volume of the affected	172
agricultural commodity which was produced in the preceding	173
marketing year by all producers who voted in the referendum.	174

(E) When the director recommends termination of a marketing	175
program established on or after April 10, 1985, hethe director	176
shall, within forty-five days, conduct a referendum to determine	177
whether the affected producers favor the proposed termination. The	178
affected producers favor the termination of the program if a	179
majority of the producers who vote in the referendum vote in favor	180
of termination of the program.	181

Section 2. That existing sections 901.04, 924.07, 924.09, and	182
924.12 of the Revised Code are hereby repealed.	183