As Passed by the Senate

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


Representatives Sayre, Bolon 

Cosponsors: Representatives Boose, Hite, Ruhl, Derickson, Pryor, Weddington, Domenick, Zehringer, Wagner, Adams, R., Balderson, Book, Bubp, Carney, Coley, Combs, Daniels, DeBose, Dyer, Evans, Garland, Gerberry, Goodwin, Goyal, Grossman, Hackett, Hall, Hottinger, Luckie, Lundy, McClain, Murray, Newcomb, Snitchler, Uecker, Williams, B., Winburn, Yuko 

Senators Morano, Buehrer, Gibbs, Harris, Husted, Jones, Niehaus, Patton, Schaffer, Seitz, Strahorn, Wagoner, Widener, Wilson, Hughes, Faber, Kearney 



A BILL
To amend section 102.02 and to enact sections 904.01 1
to 904.09 of the Revised Code to establish 2
requirements and responsibilities of the Ohio 3
Livestock Care Standards Board and the Director of 4
Agriculture in administering and enforcing the 5
rules adopted by the Board that govern the care 6
and well-being of livestock in this state, and to 7
declare an emergency.8


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

       Section 1.  That section 102.02 be amended and sections 9
904.01, 904.02, 904.03, 904.04, 904.05, 904.06, 904.07, 904.08, 10
and 904.09 of the Revised Code be enacted to read as follows:11

       Sec. 102.02.  (A) Except as otherwise provided in division 12
(H) of this section, all of the following shall file with the 13
appropriate ethics commission the disclosure statement described 14
in this division on a form prescribed by the appropriate 15
commission: every person who is elected to or is a candidate for a 16
state, county, or city office and every person who is appointed to 17
fill a vacancy for an unexpired term in such an elective office; 18
all members of the state board of education; the director, 19
assistant directors, deputy directors, division chiefs, or persons 20
of equivalent rank of any administrative department of the state; 21
the president or other chief administrative officer of every state 22
institution of higher education as defined in section 3345.011 of 23
the Revised Code; the executive director and the members of the 24
capitol square review and advisory board appointed or employed 25
pursuant to section 105.41 of the Revised Code; the chief 26
executive officer and the members of the board of each state 27
retirement system; each employee of a state retirement board who 28
is a state retirement system investment officer licensed pursuant 29
to section 1707.163 of the Revised Code; the members of the Ohio 30
retirement study council appointed pursuant to division (C) of 31
section 171.01 of the Revised Code; employees of the Ohio 32
retirement study council, other than employees who perform purely 33
administrative or clerical functions; the administrator of 34
workers' compensation and each member of the bureau of workers' 35
compensation board of directors; the bureau of workers' 36
compensation director of investments; the chief investment officer 37
of the bureau of workers' compensation; the director appointed by 38
the workers' compensation council; all members of the board of 39
commissioners on grievances and discipline of the supreme court 40
and the ethics commission created under section 102.05 of the 41
Revised Code; every business manager, treasurer, or superintendent 42
of a city, local, exempted village, joint vocational, or 43
cooperative education school district or an educational service 44
center; every person who is elected to or is a candidate for the 45
office of member of a board of education of a city, local, 46
exempted village, joint vocational, or cooperative education 47
school district or of a governing board of an educational service 48
center that has a total student count of twelve thousand or more 49
as most recently determined by the department of education 50
pursuant to section 3317.03 of the Revised Code; every person who 51
is appointed to the board of education of a municipal school 52
district pursuant to division (B) or (F) of section 3311.71 of the 53
Revised Code; all members of the board of directors of a sanitary 54
district that is established under Chapter 6115. of the Revised 55
Code and organized wholly for the purpose of providing a water 56
supply for domestic, municipal, and public use, and that includes 57
two municipal corporations in two counties; every public official 58
or employee who is paid a salary or wage in accordance with 59
schedule C of section 124.15 or schedule E-2 of section 124.152 of 60
the Revised Code; members of the board of trustees and the 61
executive director of the southern Ohio agricultural and community 62
development foundation; all members appointed to the Ohio 63
livestock care standards board under section 904.02 of the Revised 64
Code; and every other public official or employee who is 65
designated by the appropriate ethics commission pursuant to 66
division (B) of this section.67

       The disclosure statement shall include all of the following:68

       (1) The name of the person filing the statement and each 69
member of the person's immediate family and all names under which 70
the person or members of the person's immediate family do 71
business;72

       (2)(a) Subject to divisions (A)(2)(b) and (c) of this 73
section and except as otherwise provided in section 102.022 of the 74
Revised Code, identification of every source of income, other than 75
income from a legislative agent identified in division (A)(2)(b) 76
of this section, received during the preceding calendar year, in 77
the person's own name or by any other person for the person's use 78
or benefit, by the person filing the statement, and a brief 79
description of the nature of the services for which the income was 80
received. If the person filing the statement is a member of the 81
general assembly, the statement shall identify the amount of every 82
source of income received in accordance with the following ranges 83
of amounts: zero or more, but less than one thousand dollars; one 84
thousand dollars or more, but less than ten thousand dollars; ten 85
thousand dollars or more, but less than twenty-five thousand 86
dollars; twenty-five thousand dollars or more, but less than fifty 87
thousand dollars; fifty thousand dollars or more, but less than 88
one hundred thousand dollars; and one hundred thousand dollars or 89
more. Division (A)(2)(a) of this section shall not be construed to 90
require a person filing the statement who derives income from a 91
business or profession to disclose the individual items of income 92
that constitute the gross income of that business or profession, 93
except for those individual items of income that are attributable 94
to the person's or, if the income is shared with the person, the 95
partner's, solicitation of services or goods or performance, 96
arrangement, or facilitation of services or provision of goods on 97
behalf of the business or profession of clients, including 98
corporate clients, who are legislative agents. A person who files 99
the statement under this section shall disclose the identity of 100
and the amount of income received from a person who the public 101
official or employee knows or has reason to know is doing or 102
seeking to do business of any kind with the public official's or 103
employee's agency.104

       (b) If the person filing the statement is a member of the 105
general assembly, the statement shall identify every source of 106
income and the amount of that income that was received from a 107
legislative agent during the preceding calendar year, in the 108
person's own name or by any other person for the person's use or 109
benefit, by the person filing the statement, and a brief 110
description of the nature of the services for which the income was 111
received. Division (A)(2)(b) of this section requires the 112
disclosure of clients of attorneys or persons licensed under 113
section 4732.12 of the Revised Code, or patients of persons 114
certified under section 4731.14 of the Revised Code, if those 115
clients or patients are legislative agents. Division (A)(2)(b) of 116
this section requires a person filing the statement who derives 117
income from a business or profession to disclose those individual 118
items of income that constitute the gross income of that business 119
or profession that are received from legislative agents.120

       (c) Except as otherwise provided in division (A)(2)(c) of 121
this section, division (A)(2)(a) of this section applies to 122
attorneys, physicians, and other persons who engage in the 123
practice of a profession and who, pursuant to a section of the 124
Revised Code, the common law of this state, a code of ethics 125
applicable to the profession, or otherwise, generally are required 126
not to reveal, disclose, or use confidences of clients, patients, 127
or other recipients of professional services except under 128
specified circumstances or generally are required to maintain 129
those types of confidences as privileged communications except 130
under specified circumstances. Division (A)(2)(a) of this section 131
does not require an attorney, physician, or other professional 132
subject to a confidentiality requirement as described in division 133
(A)(2)(c) of this section to disclose the name, other identity, or 134
address of a client, patient, or other recipient of professional 135
services if the disclosure would threaten the client, patient, or 136
other recipient of professional services, would reveal details of 137
the subject matter for which legal, medical, or professional 138
advice or other services were sought, or would reveal an otherwise 139
privileged communication involving the client, patient, or other 140
recipient of professional services. Division (A)(2)(a) of this 141
section does not require an attorney, physician, or other 142
professional subject to a confidentiality requirement as described 143
in division (A)(2)(c) of this section to disclose in the brief 144
description of the nature of services required by division 145
(A)(2)(a) of this section any information pertaining to specific 146
professional services rendered for a client, patient, or other 147
recipient of professional services that would reveal details of 148
the subject matter for which legal, medical, or professional 149
advice was sought or would reveal an otherwise privileged 150
communication involving the client, patient, or other recipient of 151
professional services.152

       (3) The name of every corporation on file with the secretary 153
of state that is incorporated in this state or holds a certificate 154
of compliance authorizing it to do business in this state, trust, 155
business trust, partnership, or association that transacts 156
business in this state in which the person filing the statement or 157
any other person for the person's use and benefit had during the 158
preceding calendar year an investment of over one thousand dollars 159
at fair market value as of the thirty-first day of December of the 160
preceding calendar year, or the date of disposition, whichever is 161
earlier, or in which the person holds any office or has a 162
fiduciary relationship, and a description of the nature of the 163
investment, office, or relationship. Division (A)(3) of this 164
section does not require disclosure of the name of any bank, 165
savings and loan association, credit union, or building and loan 166
association with which the person filing the statement has a 167
deposit or a withdrawable share account.168

       (4) All fee simple and leasehold interests to which the 169
person filing the statement holds legal title to or a beneficial 170
interest in real property located within the state, excluding the 171
person's residence and property used primarily for personal 172
recreation;173

       (5) The names of all persons residing or transacting business 174
in the state to whom the person filing the statement owes, in the 175
person's own name or in the name of any other person, more than 176
one thousand dollars. Division (A)(5) of this section shall not be 177
construed to require the disclosure of debts owed by the person 178
resulting from the ordinary conduct of a business or profession or 179
debts on the person's residence or real property used primarily 180
for personal recreation, except that the superintendent of 181
financial institutions shall disclose the names of all 182
state-chartered savings and loan associations and of all service 183
corporations subject to regulation under division (E)(2) of 184
section 1151.34 of the Revised Code to whom the superintendent in 185
the superintendent's own name or in the name of any other person 186
owes any money, and that the superintendent and any deputy 187
superintendent of banks shall disclose the names of all 188
state-chartered banks and all bank subsidiary corporations subject 189
to regulation under section 1109.44 of the Revised Code to whom 190
the superintendent or deputy superintendent owes any money.191

       (6) The names of all persons residing or transacting business 192
in the state, other than a depository excluded under division 193
(A)(3) of this section, who owe more than one thousand dollars to 194
the person filing the statement, either in the person's own name 195
or to any person for the person's use or benefit. Division (A)(6) 196
of this section shall not be construed to require the disclosure 197
of clients of attorneys or persons licensed under section 4732.12 198
or 4732.15 of the Revised Code, or patients of persons certified 199
under section 4731.14 of the Revised Code, nor the disclosure of 200
debts owed to the person resulting from the ordinary conduct of a 201
business or profession.202

       (7) Except as otherwise provided in section 102.022 of the 203
Revised Code, the source of each gift of over seventy-five 204
dollars, or of each gift of over twenty-five dollars received by a 205
member of the general assembly from a legislative agent, received 206
by the person in the person's own name or by any other person for 207
the person's use or benefit during the preceding calendar year, 208
except gifts received by will or by virtue of section 2105.06 of 209
the Revised Code, or received from spouses, parents, grandparents, 210
children, grandchildren, siblings, nephews, nieces, uncles, aunts, 211
brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law, 212
fathers-in-law, mothers-in-law, or any person to whom the person 213
filing the statement stands in loco parentis, or received by way 214
of distribution from any inter vivos or testamentary trust 215
established by a spouse or by an ancestor;216

       (8) Except as otherwise provided in section 102.022 of the 217
Revised Code, identification of the source and amount of every 218
payment of expenses incurred for travel to destinations inside or 219
outside this state that is received by the person in the person's 220
own name or by any other person for the person's use or benefit 221
and that is incurred in connection with the person's official 222
duties, except for expenses for travel to meetings or conventions 223
of a national or state organization to which any state agency, 224
including, but not limited to, any legislative agency or state 225
institution of higher education as defined in section 3345.011 of 226
the Revised Code, pays membership dues, or any political 227
subdivision or any office or agency of a political subdivision 228
pays membership dues;229

       (9) Except as otherwise provided in section 102.022 of the 230
Revised Code, identification of the source of payment of expenses 231
for meals and other food and beverages, other than for meals and 232
other food and beverages provided at a meeting at which the person 233
participated in a panel, seminar, or speaking engagement or at a 234
meeting or convention of a national or state organization to which 235
any state agency, including, but not limited to, any legislative 236
agency or state institution of higher education as defined in 237
section 3345.011 of the Revised Code, pays membership dues, or any 238
political subdivision or any office or agency of a political 239
subdivision pays membership dues, that are incurred in connection 240
with the person's official duties and that exceed one hundred 241
dollars aggregated per calendar year;242

       (10) If the disclosure statement is filed by a public 243
official or employee described in division (B)(2) of section 244
101.73 of the Revised Code or division (B)(2) of section 121.63 of 245
the Revised Code who receives a statement from a legislative 246
agent, executive agency lobbyist, or employer that contains the 247
information described in division (F)(2) of section 101.73 of the 248
Revised Code or division (G)(2) of section 121.63 of the Revised 249
Code, all of the nondisputed information contained in the 250
statement delivered to that public official or employee by the 251
legislative agent, executive agency lobbyist, or employer under 252
division (F)(2) of section 101.73 or (G)(2) of section 121.63 of 253
the Revised Code.254

       A person may file a statement required by this section in 255
person or by mail. A person who is a candidate for elective office 256
shall file the statement no later than the thirtieth day before 257
the primary, special, or general election at which the candidacy 258
is to be voted on, whichever election occurs soonest, except that 259
a person who is a write-in candidate shall file the statement no 260
later than the twentieth day before the earliest election at which 261
the person's candidacy is to be voted on. A person who holds 262
elective office shall file the statement on or before the 263
fifteenth day of April of each year unless the person is a 264
candidate for office. A person who is appointed to fill a vacancy 265
for an unexpired term in an elective office shall file the 266
statement within fifteen days after the person qualifies for 267
office. Other persons shall file an annual statement on or before 268
the fifteenth day of April or, if appointed or employed after that 269
date, within ninety days after appointment or employment. No 270
person shall be required to file with the appropriate ethics 271
commission more than one statement or pay more than one filing fee 272
for any one calendar year.273

       The appropriate ethics commission, for good cause, may extend 274
for a reasonable time the deadline for filing a statement under 275
this section.276

       A statement filed under this section is subject to public 277
inspection at locations designated by the appropriate ethics 278
commission except as otherwise provided in this section.279

       (B) The Ohio ethics commission, the joint legislative ethics 280
committee, and the board of commissioners on grievances and 281
discipline of the supreme court, using the rule-making procedures 282
of Chapter 119. of the Revised Code, may require any class of 283
public officials or employees under its jurisdiction and not 284
specifically excluded by this section whose positions involve a 285
substantial and material exercise of administrative discretion in 286
the formulation of public policy, expenditure of public funds, 287
enforcement of laws and rules of the state or a county or city, or 288
the execution of other public trusts, to file an annual statement 289
on or before the fifteenth day of April under division (A) of this 290
section. The appropriate ethics commission shall send the public 291
officials or employees written notice of the requirement by the 292
fifteenth day of February of each year the filing is required 293
unless the public official or employee is appointed after that 294
date, in which case the notice shall be sent within thirty days 295
after appointment, and the filing shall be made not later than 296
ninety days after appointment.297

       Except for disclosure statements filed by members of the 298
board of trustees and the executive director of the southern Ohio 299
agricultural and community development foundation, disclosure 300
statements filed under this division with the Ohio ethics 301
commission by members of boards, commissions, or bureaus of the 302
state for which no compensation is received other than reasonable 303
and necessary expenses shall be kept confidential. Disclosure 304
statements filed with the Ohio ethics commission under division 305
(A) of this section by business managers, treasurers, and 306
superintendents of city, local, exempted village, joint 307
vocational, or cooperative education school districts or 308
educational service centers shall be kept confidential, except 309
that any person conducting an audit of any such school district or 310
educational service center pursuant to section 115.56 or Chapter 311
117. of the Revised Code may examine the disclosure statement of 312
any business manager, treasurer, or superintendent of that school 313
district or educational service center. The Ohio ethics commission 314
shall examine each disclosure statement required to be kept 315
confidential to determine whether a potential conflict of interest 316
exists for the person who filed the disclosure statement. A 317
potential conflict of interest exists if the private interests of 318
the person, as indicated by the person's disclosure statement, 319
might interfere with the public interests the person is required 320
to serve in the exercise of the person's authority and duties in 321
the person's office or position of employment. If the commission 322
determines that a potential conflict of interest exists, it shall 323
notify the person who filed the disclosure statement and shall 324
make the portions of the disclosure statement that indicate a 325
potential conflict of interest subject to public inspection in the 326
same manner as is provided for other disclosure statements. Any 327
portion of the disclosure statement that the commission determines 328
does not indicate a potential conflict of interest shall be kept 329
confidential by the commission and shall not be made subject to 330
public inspection, except as is necessary for the enforcement of 331
Chapters 102. and 2921. of the Revised Code and except as 332
otherwise provided in this division.333

       (C) No person shall knowingly fail to file, on or before the 334
applicable filing deadline established under this section, a 335
statement that is required by this section.336

       (D) No person shall knowingly file a false statement that is 337
required to be filed under this section.338

       (E)(1) Except as provided in divisions (E)(2) and (3) of this 339
section, the statement required by division (A) or (B) of this 340
section shall be accompanied by a filing fee of forty dollars.341

       (2) The statement required by division (A) of this section 342
shall be accompanied by the following filing fee to be paid by the 343
person who is elected or appointed to, or is a candidate for, any 344
of the following offices:345

For state office, except member of the 346
state board of education $65 347
For office of member of general assembly $40 348
For county office $40 349
For city office $25 350
For office of member of the state board 351
of education $25 352
For office of member of the Ohio livestock care standards board $25 353
For office of member of a city, local, 354
exempted village, or cooperative 355
education board of 356
education or educational service 357
center governing board $20 358
For position of business manager, 359
treasurer, or superintendent of a 360
city, local, exempted village, joint 361
vocational, or cooperative education 362
school district or 363
educational service center $20 364

       (3) No judge of a court of record or candidate for judge of a 365
court of record, and no referee or magistrate serving a court of 366
record, shall be required to pay the fee required under division 367
(E)(1) or (2) or (F) of this section.368

       (4) For any public official who is appointed to a nonelective 369
office of the state and for any employee who holds a nonelective 370
position in a public agency of the state, the state agency that is 371
the primary employer of the state official or employee shall pay 372
the fee required under division (E)(1) or (F) of this section.373

       (F) If a statement required to be filed under this section is 374
not filed by the date on which it is required to be filed, the 375
appropriate ethics commission shall assess the person required to 376
file the statement a late filing fee of ten dollars for each day 377
the statement is not filed, except that the total amount of the 378
late filing fee shall not exceed two hundred fifty dollars.379

       (G)(1) The appropriate ethics commission other than the Ohio 380
ethics commission and the joint legislative ethics committee shall 381
deposit all fees it receives under divisions (E) and (F) of this 382
section into the general revenue fund of the state.383

       (2) The Ohio ethics commission shall deposit all receipts, 384
including, but not limited to, fees it receives under divisions 385
(E) and (F) of this section and all moneys it receives from 386
settlements under division (G) of section 102.06 of the Revised 387
Code, into the Ohio ethics commission fund, which is hereby 388
created in the state treasury. All moneys credited to the fund 389
shall be used solely for expenses related to the operation and 390
statutory functions of the commission.391

       (3) The joint legislative ethics committee shall deposit all 392
receipts it receives from the payment of financial disclosure 393
statement filing fees under divisions (E) and (F) of this section 394
into the joint legislative ethics committee investigative fund.395

       (H) Division (A) of this section does not apply to a person 396
elected or appointed to the office of precinct, ward, or district 397
committee member under Chapter 3517. of the Revised Code; a 398
presidential elector; a delegate to a national convention; village 399
or township officials and employees; any physician or psychiatrist 400
who is paid a salary or wage in accordance with schedule C of 401
section 124.15 or schedule E-2 of section 124.152 of the Revised 402
Code and whose primary duties do not require the exercise of 403
administrative discretion; or any member of a board, commission, 404
or bureau of any county or city who receives less than one 405
thousand dollars per year for serving in that position.406

       Sec. 904.01.  As used in this chapter, "livestock" means 407
either of the following:408

       (A) Equine animals regardless of the purpose for which they 409
are raised;410

       (B) Any of the following animals that are raised for human 411
food products or fiber:412

       (1) Porcine animals;413

       (2) Bovine animals;414

       (3) Caprine animals;415

       (4) Ovine animals;416

       (5) Poultry;417

       (6) Alpacas;418

       (7) Llamas;419

       (8) Any other animal designated in rules adopted under 420
section 904.03 of the Revised Code.421

       Sec. 904.02.  (A) There is hereby created the Ohio livestock 422
care standards board consisting of the following members:423

       (1) The director of agriculture, who shall be the chairperson 424
of the board;425

       (2) Ten members appointed by the governor with the advice and 426
consent of the senate. The ten members shall be residents of this 427
state and shall include the following:428

       (a) One member representing family farms;429

       (b) One member who is knowledgeable about food safety in this 430
state;431

       (c) Two members representing statewide organizations that 432
represent farmers;433

       (d) One member who is a veterinarian licensed under Chapter 434
4741. of the Revised Code;435

       (e) The state veterinarian in the department of agriculture;436

       (f) The dean of the agriculture department of a college or 437
university located in this state;438

       (g) Two members of the public representing consumers in this 439
state;440

       (h) One member representing a county humane society organized 441
under Chapter 1717. of the Revised Code.442

       (3) One member appointed by the speaker of the house of 443
representatives who shall be a family farmer;444

       (4) One member appointed by the president of the senate who 445
shall be a family farmer.446

       Not more than seven members appointed to the board at any 447
given time shall be of the same political party.448

       (B)(1) The governor, the speaker of the house of 449
representatives, and the president of the senate shall make 450
appointments to the board not later than forty-five days after the 451
effective date of this section.452

       (2) The following initial members of the board appointed by 453
the governor shall be appointed for a term ending January 25, 454
2011:455

       (a) The member representing family farmers;456

       (b) The dean of the agriculture department of a college or 457
university located in this state;458

       (c) The member who is a veterinarian licensed under Chapter 459
4741. of the Revised Code;460

       (d) One of the members of the public representing consumers 461
in this state.462

       (3) The following initial members of the board shall be 463
appointed for a term ending January 15, 2012:464

       (a) The member appointed by the speaker of the house of 465
representatives who is a family farmer;466

       (b) One of the members representing a statewide organization 467
that represents farmers;468

       (c) The member representing a county humane society organized 469
under Chapter 1717. of the Revised Code;470

       (d) The member who is knowledgeable about food safety in this 471
state.472

       (4) The following initial members of the board shall be 473
appointed for a term ending January 15, 2013:474

       (a) The member appointed by the president of the senate who 475
is a family farmer;476

       (b) One of the members of the public representing consumers 477
in this state;478

       (c) One of the members representing a statewide organization 479
that represents farmers.480

       (C) After the initial terms served in accordance with 481
division (B) of this section, terms of office shall be for three 482
years with each term ending on the same day of the same month as 483
did the term that it succeeds. However, the terms for the director 484
of agriculture and the state veterinarian shall coincide with the 485
length of time that the person holds the position of director or 486
state veterinarian, as applicable. If the director or the state 487
veterinarian resigns or that person's employment is terminated, 488
the director or state veterinarian, as applicable, shall cease to 489
serve on the board, and the successor of the director or state 490
veterinarian shall then serve on the board in accordance with this 491
section. Every other member shall hold office from the date of the 492
member's appointment until the end of the term for which the 493
member was appointed.494

       Vacancies on the board shall be filled in the manner provided 495
for original appointments. Any member appointed to fill a vacancy 496
occurring prior to the expiration of the term for which the 497
member's predecessor was appointed shall hold office for the 498
remainder of that term. A member shall continue in office 499
subsequent to the expiration date of the member's term until the 500
member's successor takes office, or until a period of one hundred 501
eighty days has elapsed, whichever occurs first. A member may be 502
reappointed upon the expiration of the member's term.503

       (D) The board shall hold at least three regular meetings each 504
year and may hold additional meetings at times that the 505
chairperson or a majority of the board members considers 506
appropriate. At the three regular meetings held by the board each 507
year, the board shall conduct a review of the rules governing the 508
care and well-being of livestock that have been or are proposed to 509
be adopted under section 904.03 of the Revised Code.510

       At the first meeting of the board in each calendar year, the 511
director shall designate one member of the board to serve as its 512
vice-chairperson. A majority of the board constitutes a quorum. 513
The board may act only if a quorum is present and only by majority 514
vote of that quorum. A vacancy on the board does not impair the 515
right of the other members to exercise all of the board's powers.516

       (E) Serving as an appointed member of the board does not 517
constitute holding a public office or position of employment under 518
the laws of this state and does not constitute grounds for removal 519
of public officers or employees from their offices or positions of 520
employment.521

       (F) Appointed members of the board shall receive no 522
compensation for their services. Members shall be reimbursed for 523
their actual and necessary expenses incurred in the performance of 524
their duties as members. The expenses shall be paid from the Ohio 525
livestock care standards fund created in section 904.06 of the 526
Revised Code. The expenses shall be paid in accordance with the 527
rules and requirements adopted by the department of administrative 528
services that are applicable to state employees.529

       (G) The board may create committees that it considers 530
appropriate to make recommendations to the board. Committees may 531
include non-board members.532

       Sec. 904.03.  (A) The Ohio livestock care standards board 533
shall adopt rules in accordance with Chapter 119. of the Revised 534
Code governing the care and well-being of livestock in this state. 535
In adopting those rules, the board shall consider the following 536
factors:537

       (1) Best management practices for the care and well-being of 538
livestock;539

       (2) Biosecurity;540

       (3) The prevention of disease;541

       (4) Animal morbidity and mortality data;542

       (5) Food safety practices;543

       (6) The protection of local, affordable food supplies for 544
consumers;545

       (7) Generally accepted veterinary medical practices, 546
livestock practice standards, and ethical standards established by 547
the American veterinary medical association;548

       (8) Any other factors that the board considers necessary for 549
the proper care and well-being of livestock in this state.550

       With regard to organic producers that are certified by the 551
United States department of agriculture under the national organic 552
program, if there is a conflict between the rules adopted under 553
this section and the standards established by the United States 554
department of agriculture under the national organic program, the 555
standards established under the national organic program shall 556
prevail.557

       (B) The board shall adopt rules in accordance with Chapter 558
119. of the Revised Code that establish the amount of civil 559
penalties to be assessed against persons who violate the rules 560
adopted under division (A) of this section.561

       (C) The rules adopted under this section do not apply to 562
animals that are used in agricultural, biological, or biomedical 563
research or confined in research or medical facilities that 564
operate in accordance with "The Guide for the Care and Use of 565
Agricultural Animals in Research and Teaching" published by the 566
federation of animal science societies or "The Guide for the Care 567
and Use of Laboratory Animals" published by the national academy 568
of sciences.569

       Sec. 904.04.  (A) In order to assist the Ohio livestock care 570
standards board in the administration and enforcement of this 571
chapter, the director of agriculture shall do all of the 572
following:573

       (1) Hire all employees of the board, including an executive 574
director. Employees of the board shall be in the unclassified 575
civil service, serve at the pleasure of the director of 576
agriculture, and be compensated with money from the Ohio livestock 577
care standards fund created in section 904.06 of the Revised Code.578

       (2) Enter into contracts on behalf of the board;579

       (3) Do all of the following with regard to rules governing 580
the care and well-being of livestock adopted by the board under 581
section 904.03 of the Revised Code:582

       (a) Process and submit the rules to the joint committee on 583
agency rule review pursuant to Chapter 119. of the Revised Code;584

       (b) Contract for surveys and analyses;585

       (c) Perform any other activities that assist the board in 586
adopting the rules.587

       (4) Publish and distribute information related to livestock 588
care, including educational materials, to livestock producers and 589
members of the public;590

       (5) Investigate complaints regarding violations of the rules 591
adopted under section 904.03 of the Revised Code in accordance 592
with the authority granted by this chapter, sections 901.25 to 593
901.29 of the Revised Code, and rules adopted under this chapter 594
and section 901.03 of the Revised Code;595

       (6) Enforce the rules adopted under section 904.03 of the 596
Revised Code and levy the civil penalties established by those 597
rules. The director may apply to a court of competent jurisdiction 598
for a temporary or permanent injunction or other appropriate 599
relief for violations of this chapter and rules adopted under it. 600
For purposes of this division, the court of competent jurisdiction 601
shall be either the court of common pleas of Licking county or the 602
court of common pleas of the county where the violation is 603
occurring. Money collected from civil penalties levied under 604
division (A)(6) of this section shall be deposited in the state 605
treasury to the credit of the general revenue fund.606

       (7) Perform any other duties necessary to assist the board in 607
the administration and enforcement of this chapter.608

       (B) With the consent of the premises owner and, if the 609
premises owner is different from the livestock owner, the 610
livestock owner, the director or the director's authorized 611
representative may enter at all reasonable times on any premises 612
for the purpose of determining compliance with the rules adopted 613
under section 904.03 of the Revised Code. If the director or the 614
director's authorized representative is denied access to the 615
premises and the director or the director's authorized 616
representative suspects that those rules are not being complied 617
with, the director may apply for a search warrant authorizing 618
access from a court of competent jurisdiction. The court shall 619
issue the search warrant if there is probable cause. Probable 620
cause may be based on hearsay, provided that there is substantial 621
basis for believing the source is credible and there is factual 622
basis for the information.623

        Upon entry on premises in accordance with this division, the 624
director or the director's authorized representative shall observe 625
biosecurity measures in order to prevent spreading disease and 626
infecting livestock.627

       Sec. 904.05.  No person shall do either of the following:628

       (A) Falsify any plans, specifications, data, reports, 629
records, or other information required by this chapter or rules 630
adopted under it to be kept or submitted to the director of 631
agriculture or the Ohio livestock care standards board;632

       (B) Violate any provision of this chapter or any order, rule, 633
or determination of the director or board issued, adopted, or made 634
under this chapter or rules adopted under it.635

       Sec. 904.06. (A) Until the general assembly appropriates 636
money for the purposes of this chapter and rules adopted under it, 637
the director of agriculture shall request the controlling board to 638
authorize the transfer of all or part of an appropriation from any 639
fund administered by the department of agriculture to the Ohio 640
livestock care standards fund created in division (B) of this 641
section.642

       (B) All money appropriated by the general assembly for use by 643
the Ohio livestock care standards board, money transferred from 644
any fund administered by the department as provided in division 645
(A) of this section, and all money donated to the department or 646
the board for the purposes of advancing livestock care shall be 647
deposited in the state treasury to the credit of the Ohio 648
livestock care standards fund, which is hereby created.649

       (C) Money credited to the fund shall be used by the director 650
to carry out the purposes of this chapter, including the 651
administration and enforcement costs of the department and the 652
compensation of employees of the board.653

       Sec. 904.07.  The authority granted to the Ohio livestock 654
care standards board and the director of agriculture by this 655
chapter does not detract from or expand the authority or 656
obligations of county humane societies or county officials under 657
Chapter 1717. of the Revised Code.658

       Sec. 904.08.  The authority granted to the Ohio livestock 659
care standards board and the director of agriculture by this 660
chapter does not apply to food processing production activity that 661
is regulated by the department of agriculture under Title IX of 662
the Revised Code.663

       Sec. 904.09.  The Ohio livestock care standards board shall 664
not create a statewide animal identification system.665

       Section 2.  That existing section 102.02 of the Revised Code 666
is hereby repealed.667

       Section 3. This act is hereby declared to be an emergency 668
measure necessary for the immediate preservation of the public 669
peace, health, and safety. The reason for such necessity is the 670
importance of beginning the process of establishing standards of 671
care for livestock and poultry as quickly as possible in order to 672
fulfill the constitutional mandate of the Ohio Livestock Care 673
Standards Board to maintain food safety, encourage locally grown 674
and raised food, and protect Ohio farms and families. Therefore, 675
this act shall go into immediate effect.676