As Introduced

128th General Assembly
Regular Session
2009-2010
H. B. No. 414


Representatives Sayre, Bolon 


A BILL
To amend sections 102.02, 923.44, and 923.46 and to 1
enact sections 904.01 to 904.08 of the Revised 2
Code to establish requirements and 3
responsibilities of the Ohio Livestock Care 4
Standards Board and the Director of Agriculture in 5
administering and enforcing the rules adopted by 6
the Board that govern the care and well-being of 7
livestock in this state.8


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

       Section 1.  That sections 102.02, 923.44, and 923.46 be 9
amended and sections 904.01, 904.02, 904.03, 904.04, 904.05, 10
904.06, 904.07, and 904.08 of the Revised Code be enacted to read 11
as follows:12

       Sec. 102.02.  (A) Except as otherwise provided in division 13
(H) of this section, all of the following shall file with the 14
appropriate ethics commission the disclosure statement described 15
in this division on a form prescribed by the appropriate 16
commission: every person who is elected to or is a candidate for a 17
state, county, or city office and every person who is appointed to 18
fill a vacancy for an unexpired term in such an elective office; 19
all members of the state board of education; the director, 20
assistant directors, deputy directors, division chiefs, or persons 21
of equivalent rank of any administrative department of the state; 22
the president or other chief administrative officer of every state 23
institution of higher education as defined in section 3345.011 of 24
the Revised Code; the executive director and the members of the 25
capitol square review and advisory board appointed or employed 26
pursuant to section 105.41 of the Revised Code; the chief 27
executive officer and the members of the board of each state 28
retirement system; each employee of a state retirement board who 29
is a state retirement system investment officer licensed pursuant 30
to section 1707.163 of the Revised Code; the members of the Ohio 31
retirement study council appointed pursuant to division (C) of 32
section 171.01 of the Revised Code; employees of the Ohio 33
retirement study council, other than employees who perform purely 34
administrative or clerical functions; the administrator of 35
workers' compensation and each member of the bureau of workers' 36
compensation board of directors; the bureau of workers' 37
compensation director of investments; the chief investment officer 38
of the bureau of workers' compensation; the director appointed by 39
the workers' compensation council; all members of the board of 40
commissioners on grievances and discipline of the supreme court 41
and the ethics commission created under section 102.05 of the 42
Revised Code; every business manager, treasurer, or superintendent 43
of a city, local, exempted village, joint vocational, or 44
cooperative education school district or an educational service 45
center; every person who is elected to or is a candidate for the 46
office of member of a board of education of a city, local, 47
exempted village, joint vocational, or cooperative education 48
school district or of a governing board of an educational service 49
center that has a total student count of twelve thousand or more 50
as most recently determined by the department of education 51
pursuant to section 3317.03 of the Revised Code; every person who 52
is appointed to the board of education of a municipal school 53
district pursuant to division (B) or (F) of section 3311.71 of the 54
Revised Code; all members of the board of directors of a sanitary 55
district that is established under Chapter 6115. of the Revised 56
Code and organized wholly for the purpose of providing a water 57
supply for domestic, municipal, and public use, and that includes 58
two municipal corporations in two counties; every public official 59
or employee who is paid a salary or wage in accordance with 60
schedule C of section 124.15 or schedule E-2 of section 124.152 of 61
the Revised Code; members of the board of trustees and the 62
executive director of the southern Ohio agricultural and community 63
development foundation; all members appointed to the Ohio 64
livestock care standards board appointed under section 904.02 of 65
the Revised Code; and every other public official or employee who 66
is designated by the appropriate ethics commission pursuant to 67
division (B) of this section.68

       The disclosure statement shall include all of the following:69

       (1) The name of the person filing the statement and each 70
member of the person's immediate family and all names under which 71
the person or members of the person's immediate family do 72
business;73

       (2)(a) Subject to divisions (A)(2)(b) and (c) of this section 74
and except as otherwise provided in section 102.022 of the Revised 75
Code, identification of every source of income, other than income 76
from a legislative agent identified in division (A)(2)(b) of this 77
section, received during the preceding calendar year, in the 78
person's own name or by any other person for the person's use or 79
benefit, by the person filing the statement, and a brief 80
description of the nature of the services for which the income was 81
received. If the person filing the statement is a member of the 82
general assembly, the statement shall identify the amount of every 83
source of income received in accordance with the following ranges 84
of amounts: zero or more, but less than one thousand dollars; one 85
thousand dollars or more, but less than ten thousand dollars; ten 86
thousand dollars or more, but less than twenty-five thousand 87
dollars; twenty-five thousand dollars or more, but less than fifty 88
thousand dollars; fifty thousand dollars or more, but less than 89
one hundred thousand dollars; and one hundred thousand dollars or 90
more. Division (A)(2)(a) of this section shall not be construed to 91
require a person filing the statement who derives income from a 92
business or profession to disclose the individual items of income 93
that constitute the gross income of that business or profession, 94
except for those individual items of income that are attributable 95
to the person's or, if the income is shared with the person, the 96
partner's, solicitation of services or goods or performance, 97
arrangement, or facilitation of services or provision of goods on 98
behalf of the business or profession of clients, including 99
corporate clients, who are legislative agents. A person who files 100
the statement under this section shall disclose the identity of 101
and the amount of income received from a person who the public 102
official or employee knows or has reason to know is doing or 103
seeking to do business of any kind with the public official's or 104
employee's agency.105

       (b) If the person filing the statement is a member of the 106
general assembly, the statement shall identify every source of 107
income and the amount of that income that was received from a 108
legislative agent during the preceding calendar year, in the 109
person's own name or by any other person for the person's use or 110
benefit, by the person filing the statement, and a brief 111
description of the nature of the services for which the income was 112
received. Division (A)(2)(b) of this section requires the 113
disclosure of clients of attorneys or persons licensed under 114
section 4732.12 of the Revised Code, or patients of persons 115
certified under section 4731.14 of the Revised Code, if those 116
clients or patients are legislative agents. Division (A)(2)(b) of 117
this section requires a person filing the statement who derives 118
income from a business or profession to disclose those individual 119
items of income that constitute the gross income of that business 120
or profession that are received from legislative agents.121

       (c) Except as otherwise provided in division (A)(2)(c) of 122
this section, division (A)(2)(a) of this section applies to 123
attorneys, physicians, and other persons who engage in the 124
practice of a profession and who, pursuant to a section of the 125
Revised Code, the common law of this state, a code of ethics 126
applicable to the profession, or otherwise, generally are required 127
not to reveal, disclose, or use confidences of clients, patients, 128
or other recipients of professional services except under 129
specified circumstances or generally are required to maintain 130
those types of confidences as privileged communications except 131
under specified circumstances. Division (A)(2)(a) of this section 132
does not require an attorney, physician, or other professional 133
subject to a confidentiality requirement as described in division 134
(A)(2)(c) of this section to disclose the name, other identity, or 135
address of a client, patient, or other recipient of professional 136
services if the disclosure would threaten the client, patient, or 137
other recipient of professional services, would reveal details of 138
the subject matter for which legal, medical, or professional 139
advice or other services were sought, or would reveal an otherwise 140
privileged communication involving the client, patient, or other 141
recipient of professional services. Division (A)(2)(a) of this 142
section does not require an attorney, physician, or other 143
professional subject to a confidentiality requirement as described 144
in division (A)(2)(c) of this section to disclose in the brief 145
description of the nature of services required by division 146
(A)(2)(a) of this section any information pertaining to specific 147
professional services rendered for a client, patient, or other 148
recipient of professional services that would reveal details of 149
the subject matter for which legal, medical, or professional 150
advice was sought or would reveal an otherwise privileged 151
communication involving the client, patient, or other recipient of 152
professional services.153

       (3) The name of every corporation on file with the secretary 154
of state that is incorporated in this state or holds a certificate 155
of compliance authorizing it to do business in this state, trust, 156
business trust, partnership, or association that transacts 157
business in this state in which the person filing the statement or 158
any other person for the person's use and benefit had during the 159
preceding calendar year an investment of over one thousand dollars 160
at fair market value as of the thirty-first day of December of the 161
preceding calendar year, or the date of disposition, whichever is 162
earlier, or in which the person holds any office or has a 163
fiduciary relationship, and a description of the nature of the 164
investment, office, or relationship. Division (A)(3) of this 165
section does not require disclosure of the name of any bank, 166
savings and loan association, credit union, or building and loan 167
association with which the person filing the statement has a 168
deposit or a withdrawable share account.169

       (4) All fee simple and leasehold interests to which the 170
person filing the statement holds legal title to or a beneficial 171
interest in real property located within the state, excluding the 172
person's residence and property used primarily for personal 173
recreation;174

       (5) The names of all persons residing or transacting business 175
in the state to whom the person filing the statement owes, in the 176
person's own name or in the name of any other person, more than 177
one thousand dollars. Division (A)(5) of this section shall not be 178
construed to require the disclosure of debts owed by the person 179
resulting from the ordinary conduct of a business or profession or 180
debts on the person's residence or real property used primarily 181
for personal recreation, except that the superintendent of 182
financial institutions shall disclose the names of all 183
state-chartered savings and loan associations and of all service 184
corporations subject to regulation under division (E)(2) of 185
section 1151.34 of the Revised Code to whom the superintendent in 186
the superintendent's own name or in the name of any other person 187
owes any money, and that the superintendent and any deputy 188
superintendent of banks shall disclose the names of all 189
state-chartered banks and all bank subsidiary corporations subject 190
to regulation under section 1109.44 of the Revised Code to whom 191
the superintendent or deputy superintendent owes any money.192

       (6) The names of all persons residing or transacting business 193
in the state, other than a depository excluded under division 194
(A)(3) of this section, who owe more than one thousand dollars to 195
the person filing the statement, either in the person's own name 196
or to any person for the person's use or benefit. Division (A)(6) 197
of this section shall not be construed to require the disclosure 198
of clients of attorneys or persons licensed under section 4732.12 199
or 4732.15 of the Revised Code, or patients of persons certified 200
under section 4731.14 of the Revised Code, nor the disclosure of 201
debts owed to the person resulting from the ordinary conduct of a 202
business or profession.203

       (7) Except as otherwise provided in section 102.022 of the 204
Revised Code, the source of each gift of over seventy-five 205
dollars, or of each gift of over twenty-five dollars received by a 206
member of the general assembly from a legislative agent, received 207
by the person in the person's own name or by any other person for 208
the person's use or benefit during the preceding calendar year, 209
except gifts received by will or by virtue of section 2105.06 of 210
the Revised Code, or received from spouses, parents, grandparents, 211
children, grandchildren, siblings, nephews, nieces, uncles, aunts, 212
brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law, 213
fathers-in-law, mothers-in-law, or any person to whom the person 214
filing the statement stands in loco parentis, or received by way 215
of distribution from any inter vivos or testamentary trust 216
established by a spouse or by an ancestor;217

       (8) Except as otherwise provided in section 102.022 of the 218
Revised Code, identification of the source and amount of every 219
payment of expenses incurred for travel to destinations inside or 220
outside this state that is received by the person in the person's 221
own name or by any other person for the person's use or benefit 222
and that is incurred in connection with the person's official 223
duties, except for expenses for travel to meetings or conventions 224
of a national or state organization to which any state agency, 225
including, but not limited to, any legislative agency or state 226
institution of higher education as defined in section 3345.011 of 227
the Revised Code, pays membership dues, or any political 228
subdivision or any office or agency of a political subdivision 229
pays membership dues;230

       (9) Except as otherwise provided in section 102.022 of the 231
Revised Code, identification of the source of payment of expenses 232
for meals and other food and beverages, other than for meals and 233
other food and beverages provided at a meeting at which the person 234
participated in a panel, seminar, or speaking engagement or at a 235
meeting or convention of a national or state organization to which 236
any state agency, including, but not limited to, any legislative 237
agency or state institution of higher education as defined in 238
section 3345.011 of the Revised Code, pays membership dues, or any 239
political subdivision or any office or agency of a political 240
subdivision pays membership dues, that are incurred in connection 241
with the person's official duties and that exceed one hundred 242
dollars aggregated per calendar year;243

       (10) If the disclosure statement is filed by a public 244
official or employee described in division (B)(2) of section 245
101.73 of the Revised Code or division (B)(2) of section 121.63 of 246
the Revised Code who receives a statement from a legislative 247
agent, executive agency lobbyist, or employer that contains the 248
information described in division (F)(2) of section 101.73 of the 249
Revised Code or division (G)(2) of section 121.63 of the Revised 250
Code, all of the nondisputed information contained in the 251
statement delivered to that public official or employee by the 252
legislative agent, executive agency lobbyist, or employer under 253
division (F)(2) of section 101.73 or (G)(2) of section 121.63 of 254
the Revised Code.255

       A person may file a statement required by this section in 256
person or by mail. A person who is a candidate for elective office 257
shall file the statement no later than the thirtieth day before 258
the primary, special, or general election at which the candidacy 259
is to be voted on, whichever election occurs soonest, except that 260
a person who is a write-in candidate shall file the statement no 261
later than the twentieth day before the earliest election at which 262
the person's candidacy is to be voted on. A person who holds 263
elective office shall file the statement on or before the 264
fifteenth day of April of each year unless the person is a 265
candidate for office. A person who is appointed to fill a vacancy 266
for an unexpired term in an elective office shall file the 267
statement within fifteen days after the person qualifies for 268
office. Other persons shall file an annual statement on or before 269
the fifteenth day of April or, if appointed or employed after that 270
date, within ninety days after appointment or employment. No 271
person shall be required to file with the appropriate ethics 272
commission more than one statement or pay more than one filing fee 273
for any one calendar year.274

       The appropriate ethics commission, for good cause, may extend 275
for a reasonable time the deadline for filing a statement under 276
this section.277

       A statement filed under this section is subject to public 278
inspection at locations designated by the appropriate ethics 279
commission except as otherwise provided in this section.280

       (B) The Ohio ethics commission, the joint legislative ethics 281
committee, and the board of commissioners on grievances and 282
discipline of the supreme court, using the rule-making procedures 283
of Chapter 119. of the Revised Code, may require any class of 284
public officials or employees under its jurisdiction and not 285
specifically excluded by this section whose positions involve a 286
substantial and material exercise of administrative discretion in 287
the formulation of public policy, expenditure of public funds, 288
enforcement of laws and rules of the state or a county or city, or 289
the execution of other public trusts, to file an annual statement 290
on or before the fifteenth day of April under division (A) of this 291
section. The appropriate ethics commission shall send the public 292
officials or employees written notice of the requirement by the 293
fifteenth day of February of each year the filing is required 294
unless the public official or employee is appointed after that 295
date, in which case the notice shall be sent within thirty days 296
after appointment, and the filing shall be made not later than 297
ninety days after appointment.298

       Except for disclosure statements filed by members of the 299
board of trustees and the executive director of the southern Ohio 300
agricultural and community development foundation, disclosure 301
statements filed under this division with the Ohio ethics 302
commission by members of boards, commissions, or bureaus of the 303
state for which no compensation is received other than reasonable 304
and necessary expenses shall be kept confidential. Disclosure 305
statements filed with the Ohio ethics commission under division 306
(A) of this section by business managers, treasurers, and 307
superintendents of city, local, exempted village, joint 308
vocational, or cooperative education school districts or 309
educational service centers shall be kept confidential, except 310
that any person conducting an audit of any such school district or 311
educational service center pursuant to section 115.56 or Chapter 312
117. of the Revised Code may examine the disclosure statement of 313
any business manager, treasurer, or superintendent of that school 314
district or educational service center. The Ohio ethics commission 315
shall examine each disclosure statement required to be kept 316
confidential to determine whether a potential conflict of interest 317
exists for the person who filed the disclosure statement. A 318
potential conflict of interest exists if the private interests of 319
the person, as indicated by the person's disclosure statement, 320
might interfere with the public interests the person is required 321
to serve in the exercise of the person's authority and duties in 322
the person's office or position of employment. If the commission 323
determines that a potential conflict of interest exists, it shall 324
notify the person who filed the disclosure statement and shall 325
make the portions of the disclosure statement that indicate a 326
potential conflict of interest subject to public inspection in the 327
same manner as is provided for other disclosure statements. Any 328
portion of the disclosure statement that the commission determines 329
does not indicate a potential conflict of interest shall be kept 330
confidential by the commission and shall not be made subject to 331
public inspection, except as is necessary for the enforcement of 332
Chapters 102. and 2921. of the Revised Code and except as 333
otherwise provided in this division.334

       (C) No person shall knowingly fail to file, on or before the 335
applicable filing deadline established under this section, a 336
statement that is required by this section.337

       (D) No person shall knowingly file a false statement that is 338
required to be filed under this section.339

       (E)(1) Except as provided in divisions (E)(2) and (3) of this 340
section, the statement required by division (A) or (B) of this 341
section shall be accompanied by a filing fee of forty dollars.342

       (2) The statement required by division (A) of this section 343
shall be accompanied by the following filing fee to be paid by the 344
person who is elected or appointed to, or is a candidate for, any 345
of the following offices:346

For state office, except member of the 347
state board of education $65 348
For office of member of general assembly $40 349
For county office $40 350
For city office $25 351
For office of member of the state board 352
of education $25 353
For office of member of the Ohio livestock care standards board $25 354
For office of member of a city, local, 355
exempted village, or cooperative 356
education board of 357
education or educational service 358
center governing board $20 359
For position of business manager, 360
treasurer, or superintendent of a 361
city, local, exempted village, joint 362
vocational, or cooperative education 363
school district or 364
educational service center $20 365

       (3) No judge of a court of record or candidate for judge of a 366
court of record, and no referee or magistrate serving a court of 367
record, shall be required to pay the fee required under division 368
(E)(1) or (2) or (F) of this section.369

       (4) For any public official who is appointed to a nonelective 370
office of the state and for any employee who holds a nonelective 371
position in a public agency of the state, the state agency that is 372
the primary employer of the state official or employee shall pay 373
the fee required under division (E)(1) or (F) of this section.374

       (F) If a statement required to be filed under this section is 375
not filed by the date on which it is required to be filed, the 376
appropriate ethics commission shall assess the person required to 377
file the statement a late filing fee of ten dollars for each day 378
the statement is not filed, except that the total amount of the 379
late filing fee shall not exceed two hundred fifty dollars.380

       (G)(1) The appropriate ethics commission other than the Ohio 381
ethics commission and the joint legislative ethics committee shall 382
deposit all fees it receives under divisions (E) and (F) of this 383
section into the general revenue fund of the state.384

       (2) The Ohio ethics commission shall deposit all receipts, 385
including, but not limited to, fees it receives under divisions 386
(E) and (F) of this section and all moneys it receives from 387
settlements under division (G) of section 102.06 of the Revised 388
Code, into the Ohio ethics commission fund, which is hereby 389
created in the state treasury. All moneys credited to the fund 390
shall be used solely for expenses related to the operation and 391
statutory functions of the commission.392

       (3) The joint legislative ethics committee shall deposit all 393
receipts it receives from the payment of financial disclosure 394
statement filing fees under divisions (E) and (F) of this section 395
into the joint legislative ethics committee investigative fund.396

       (H) Division (A) of this section does not apply to a person 397
elected or appointed to the office of precinct, ward, or district 398
committee member under Chapter 3517. of the Revised Code; a 399
presidential elector; a delegate to a national convention; village 400
or township officials and employees; any physician or psychiatrist 401
who is paid a salary or wage in accordance with schedule C of 402
section 124.15 or schedule E-2 of section 124.152 of the Revised 403
Code and whose primary duties do not require the exercise of 404
administrative discretion; or any member of a board, commission, 405
or bureau of any county or city who receives less than one 406
thousand dollars per year for serving in that position.407

       Sec. 904.01.  As used in this chapter, "livestock" means any 408
of the following:409

       (A) Equine animals, regardless of the purpose for which the 410
equine are raised;411

       (B) Any of the following animals that are raised for human 412
food products or fiber:413

       (1) Porcine animals;414

       (2) Bovine animals;415

       (3) Caprine animals;416

       (4) Ovine animals;417

       (5) Poultry;418

       (6) Alpacas;419

       (7) Llamas;420

       (8) Any other animal designated by the director of 421
agriculture in rules adopted under section 904.03 of the Revised 422
Code.423

       Sec. 904.02.  (A) There is hereby created the Ohio livestock 424
care standards board consisting of the following members:425

       (1) The director of agriculture, who shall be the chairperson 426
of the board;427

       (2) Ten members appointed by the governor with the advice and 428
consent of the senate. The ten members shall be residents of this 429
state and shall include the following:430

       (a) One member representing family farms;431

       (b) One member who is knowledgeable about food safety in this 432
state;433

       (c) Two members representing statewide organizations that 434
represent farmers;435

       (d) One member who is a veterinarian licensed under Chapter 436
4741. of the Revised Code;437

       (e) The state veterinarian in the department of agriculture;438

       (f) The dean of the agriculture department of a college or 439
university located in this state;440

       (g) Two members of the public representing Ohio consumers;441

       (h) One member representing a county humane society organized 442
under Chapter 1717. of the Revised Code.443

       (3) One member appointed by the speaker of the house of 444
representatives who shall be a family farmer;445

       (4) One member appointed by the president of the senate who 446
shall be a family farmer.447

       Not more than seven members appointed to the board at any 448
given time shall be of the same political party.449

       (B)(1) The governor, the speaker of the house of 450
representatives, and the president of the senate shall make 451
appointments to the board not later than forty-five days after the 452
effective date of this section. 453

       (2) The following initial members of the board appointed by 454
the governor shall be appointed for a term ending January 25, 455
2011:456

       (a) The member representing family farmers;457

       (b) The dean of the agriculture department of a college or 458
university located in this state;459

       (c) The member who is a veterinarian licensed under Chapter 460
4741. of the Revised Code;461

       (d) One of the members of the public representing Ohio 462
consumers.463

       (3) The following initial members of the board shall be 464
appointed for a term ending January 15, 2012:465

       (a) The member appointed by the speaker of the house of 466
representatives who is a family farmer;467

       (b) One of the members representing a statewide organization 468
that represents farmers;469

       (c) The member representing a county humane society organized 470
under Chapter 1717. of the Revised Code;471

       (d) The member who is knowledgeable about food safety in this 472
state.473

       (4) The following initial members of the board shall be 474
appointed for a term ending January 15, 2013:475

       (a) The member appointed by the president of the senate who 476
is a family farmer;477

       (b) One of the members of the public representing Ohio 478
consumers;479

       (c) One of the members representing a statewide organization 480
that represents farmers.481

       (C) After the initial terms served in accordance with 482
division (B) of this section, terms of office shall be for three 483
years with each term ending on the same day of the same month as 484
did the term that it succeeds. However, the terms for the director 485
of agriculture and the state veterinarian shall coincide with the 486
length of time that the person holds the position of director or 487
state veterinarian, as applicable. If the director or the state 488
veterinarian resigns or their employment is terminated, the 489
director or state veterinarian, as applicable, shall cease to 490
serve on the board and the successor of the director or state 491
veterinarian shall then serve on the board in accordance with this 492
section. Every other member shall hold office from the date of the 493
member's appointment until the end of the term for which the 494
member was appointed.495

       Vacancies on the board shall be filled in the manner provided 496
for original appointments. Any member appointed to fill a vacancy 497
occurring prior to the expiration of the term for which the 498
member's predecessor was appointed shall hold office for the 499
remainder of that term. A member shall continue in office 500
subsequent to the expiration date of the member's term until the 501
member's successor takes office, or until a period of one hundred 502
eighty days has elapsed, whichever occurs first. A member may be 503
reappointed upon the expiration of their term.504

       (D) The board shall hold at least three regular meetings each 505
year and may hold additional meetings at times that the 506
chairperson or a majority of the board members considers 507
appropriate. At the three regular meetings held by the board each 508
year, the board shall conduct a review of the rules governing the 509
care and well-being of livestock that have been or are proposed to 510
be adopted under section 904.03 of the Revised Code. At the first 511
meeting of the board in each calendar year, the director shall 512
designate one member of the committee to serve as its 513
vice-chairperson. A majority of the board constitutes a quorum. 514
The board may act only if a quorum is present and only by majority 515
vote of that quorum. A vacancy on the board does not impair the 516
right of the other members to exercise all of the board's powers.517

       (E) Serving as an appointed member of the board does not 518
constitute holding a public office or position of employment under 519
the laws of this state and does not constitute grounds for removal 520
of public officers or employees from their offices or positions of 521
employment.522

       (F) Appointed members of the board shall receive no 523
compensation for their services. Members shall be reimbursed for 524
their actual and necessary expenses incurred in the performance of 525
their duties as members. The expenses shall be paid from the Ohio 526
livestock care standards fund created in section 904.06 of the 527
Revised Code. The expenses shall be paid in accordance with the 528
rules and requirements adopted by the department of administrative 529
services that are applicable to state employees.530

       The board may create subcommittees that it deems appropriate 531
to make recommendations to the board. Subcommittees may include 532
non-board members.533

       Sec. 904.03.  (A) The Ohio livestock care standards board 534
shall adopt rules in accordance with Chapter 119. of the Revised 535
Code governing the care and well-being of livestock in this state. 536
In adopting those rules, the board shall consider the following 537
factors:538

       (1) Best management practices for the care and well-being of 539
livestock;540

       (2) Biosecurity. The rules shall not create a statewide 541
animal identification system.542

       (3) The prevention of disease;543

       (4) Animal morbidity and mortality data;544

       (5) Food safety practices;545

       (6) The protection of local, affordable food supplies for 546
consumers;547

       (7) Generally accepted veterinary medical practices, 548
livestock practice standards, and ethical standards established by 549
the American veterinary medical association;550

       (8) Any other factors that the board considers necessary for 551
the proper care and well-being of livestock in this state.552

       (B) The board shall adopt rules in accordance with Chapter 553
119. of the Revised Code that establish the amount of civil 554
penalties to be assessed against persons who violate the rules 555
adopted under division (A) of this section.556

       (C) The rules adopted under this section do not apply to 557
animals that are confined in research and medical facilities that 558
operate in accordance with "The Guide for the Care and Use of 559
Agricultural Animals in Research and Teaching" published by the 560
federation of animal science societies.561

       Sec. 904.04.  (A) In order to assist the Ohio livestock care 562
standards board in the administration and enforcement of this 563
chapter, the director of agriculture shall do all of the 564
following:565

       (1) Hire all employees of the board, including the hiring of 566
an executive director. Employees of the board shall be in the 567
unclassified civil service, serve at the pleasure of the director 568
of agriculture, and be compensated with money from the Ohio 569
livestock care standards fund created in section 904.06 of the 570
Revised Code.571

       (2) Enter into contracts on behalf of the board;572

       (3) Do all of the following with regard to rules governing 573
the care and well-being of livestock adopted by the board under 574
section 904.03 of the Revised Code:575

       (a) Process and submit the rules to the joint committee on 576
agency rule review pursuant to Chapter 119. of the Revised Code;577

       (b) Contract for surveys and analyses;578

       (c) Perform any other activities that assist the board in 579
adopting the rules.580

       (4) Publish and distribute information related to livestock 581
care, including educational materials, to livestock producers and 582
members of the public;583

       (5) Investigate complaints regarding violations of the rules 584
adopted under section 904.03 of the Revised Code in accordance 585
with the authority granted under this chapter, sections 901.25 to 586
901.29 of the Revised Code, and rules adopted under this chapter 587
and section 901.03 of the Revised Code;588

       (6) Enforce the rules adopted under section 904.03 of the 589
Revised Code and levy the civil penalties provided for under those 590
rules. The director may apply to a court of competent jurisdiction 591
for a temporary or permanent injunction or other appropriate 592
relief for violations of this chapter. For purposes of this 593
division, the court of competent jurisdiction shall be either the 594
court of common pleas of Licking county or the court of common 595
pleas of the county where the violation is occurring.596

       (7) Perform any other duties necessary to assist the board in 597
the administration and enforcement of this chapter.598

       (B) The director or the director's authorized representative 599
acting on behalf of the Ohio livestock care standards board, upon 600
proper identification and upon stating the purpose and necessity 601
of an inspection, may enter at reasonable times upon any public or 602
private property, real or personal, to inspect or investigate, 603
obtain samples, and examine or copy records to determine 604
compliance with this chapter and rules adopted under it. The 605
director or the director's authorized representative may apply 606
for, and any judge of a court of competent jurisdiction may issue, 607
an appropriate search warrant necessary to achieve the purposes of 608
this chapter and rules adopted under it.609

       Sec. 904.05.  No person shall do either of the following:610

       (A) Falsify any plans, specifications, data, reports, 611
records, or other information required by this chapter or rules 612
adopted under it to be kept or submitted to the director of 613
agriculture or the Ohio livestock care standards board;614

       (B) Violate any provision of this chapter or any order, rule, 615
or determination of the director or board issued, adopted, or made 616
under this chapter or rules adopted under it.617

       Sec. 904.06.  (A) All money appropriated by the general 618
assembly for use by the Ohio livestock care standards board, all 619
money collected from civil penalties under this chapter, any money 620
transferred from the commercial feed and seed fund under section 621
923.46 of the Revised Code, and all money donated to the 622
department of agriculture or the board for the purposes of 623
advancing livestock care shall be deposited in the state treasury 624
to the credit of the Ohio livestock care standards fund, which is 625
hereby created.626

       (B) Money credited to the fund shall be used by the director 627
of agriculture to carry out the purposes of this chapter, 628
including the administration and enforcement costs of the 629
department of agriculture and the compensation of employees of the 630
Ohio livestock care standards board.631

       Sec. 904.07.  The authority granted to the Ohio livestock 632
care standards board and the director of agriculture under this 633
chapter does not detract from or expand the authority or 634
obligations of county humane societies or county officials under 635
Chapter 1717. of the Revised Code.636

       Sec. 904.08.  The authority granted to the Ohio livestock 637
care standards board and the director of agriculture by this 638
chapter does not apply to food processing production activity that 639
is regulated by the department of agriculture under Title IX of 640
the Revised Code.641

       Sec. 923.44.  (A)(1) Except as otherwise provided in 642
divisions (A)(2), (3), and (4) of this section, the first 643
distributor of a commercial feed shall pay to the director of 644
agriculture athe following semiannual inspection fee at the rate 645
of twenty-five cents per ton, with a minimum payment of 646
twenty-fivefifty dollars, on all commercial feeds distributed by 647
the first distributor in this state:648

       (a) Beginning thirty days after the effective date of this 649
amendment and ending on June 30, 2010, thirty cents per ton;650

       (b) Beginning on July 1, 2010 and ending on June 30, 2011, 651
thirty-five cents per ton;652

       (c) Beginning on July 1, 2011, forty cents per ton.653

       (2) The semiannual inspection fee required under division 654
(A)(1) of this section shall not be paid by the first distributor 655
of a commercial feed if the distribution is made to an exempt 656
buyer who shall be responsible for the fee. The director shall 657
establish an exempt list consisting of those buyers who are 658
responsible for the fee.659

       (3) The semiannual inspection fee shall not be paid on a 660
commercial feed if the fee has been paid by a previous 661
distributor.662

       (4) The semiannual inspection fee shall not be paid on 663
customer-formula feed if the fee has been paid on the commercial 664
feeds that are used as components in that customer-formula feed.665

       (B) Each distributor or exempt buyer who is required to pay a 666
fee under division (A)(1) or (2) of this section shall file a 667
semiannual statement with the director that includes the number of 668
net tons of commercial feed distributed by the distributor or 669
exempt buyer in this state, within thirty days after the thirtieth 670
day of June and within thirty days after the thirty-first day of 671
December, respectively, of each calendar year.672

       The inspection fee at the rate stated in division (A)(1) of 673
this section shall accompany the statement. For a tonnage report 674
that is not filed or payment of inspection fees that is not made 675
within fifteen days after the due date, a penalty of ten per cent 676
of the amount due, with a minimum penalty of fiftyone hundred677
dollars shall be assessed against the distributor or exempt buyer. 678
The amount of fees due, plus penalty, shall constitute a debt and 679
become the basis of a judgment against the distributor or exempt 680
buyer.681

       (C) No information furnished under this section shall be 682
disclosed by an employee of the department of agriculture in such 683
a way as to divulge the operation of any person required to make 684
such a report.685

       (D) All money collected under this section shall be credited 686
to the commercial feed and seed fund created in section 923.46 of 687
the Revised Code.688

       Sec. 923.46.  The commercial feed and seed fund is hereby 689
created in the state treasury. The fund shall consist of money 690
credited to it under this chapter and Chapter 907. of the Revised 691
Code.692

       The director of agriculture may request the director of 693
budget and management to, and the director of budget and 694
management shall, annually transfer, at times determined by the 695
director of agriculture, an amount of not less than five hundred 696
thousand dollars from the commercial feed and seed fund to the 697
Ohio livestock care standards fund created in section 904.06 of 698
the Revised Code.699

       The director shall keep accurate records of all receipts into 700
and disbursements from the fund and shall prepare, and provide 701
upon request, an annual report classifying the receipts and 702
disbursements that pertain to commercial feed or seed.703

       Section 2.  That existing sections 102.02, 923.44, and 923.46 704
of the Revised Code are hereby repealed.705