Sub. H. B. No. 414 As Reported by the House Agriculture and Natural Resources Committee

As Reported by the House Agriculture and Natural Resources Committee

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

A BILL

To amend section 102.02 and to enact sections 904.01

to 904.08 of the Revised Code to establish

requirements and responsibilities of the Ohio

Livestock Care Standards Board and the Director of

Agriculture in administering and enforcing the

rules adopted by the Board that govern the care

and well-being of livestock in this state.

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

Section 1. That section 102.02 be amended and sections	8
904.01, 904.02, 904.03, 904.04, 904.05, 904.06, 904.07, and 904.08	9
of the Revised Code be enacted to read as follows:	10

Sec. 102.02. (A) Except as otherwise provided in division	11
(H) of this section, all of the following shall file with the	12
appropriate ethics commission the disclosure statement described	13
in this division on a form prescribed by the appropriate	14
commission: every person who is elected to or is a candidate for a	15
state, county, or city office and every person who is appointed to	16
fill a vacancy for an unexpired term in such an elective office;	17
all members of the state board of education; the director,	18
assistant directors, deputy directors, division chiefs, or persons	19
of equivalent rank of any administrative department of the state;	20
the president or other chief administrative officer of every state	21
institution of higher education as defined in section 3345.011 of	22
the Revised Code; the executive director and the members of the	23
capitol square review and advisory board appointed or employed	24
pursuant to section 105.41 of the Revised Code; the chief	25
executive officer and the members of the board of each state	26
retirement system; each employee of a state retirement board who	27
is a state retirement system investment officer licensed pursuant	28
to section 1707.163 of the Revised Code; the members of the Ohio	29
retirement study council appointed pursuant to division (C) of	30
section 171.01 of the Revised Code; employees of the Ohio	31
retirement study council, other than employees who perform purely	32
administrative or clerical functions; the administrator of	33
workers' compensation and each member of the bureau of workers'	34
compensation board of directors; the bureau of workers'	35
compensation director of investments; the chief investment officer	36
of the bureau of workers' compensation; the director appointed by	37
the workers' compensation council; all members of the board of	38
commissioners on grievances and discipline of the supreme court	39
and the ethics commission created under section 102.05 of the	40
Revised Code; every business manager, treasurer, or superintendent	41
of a city, local, exempted village, joint vocational, or	42
cooperative education school district or an educational service	43
center; every person who is elected to or is a candidate for the	44
office of member of a board of education of a city, local,	45
exempted village, joint vocational, or cooperative education	46
school district or of a governing board of an educational service	47
center that has a total student count of twelve thousand or more	48
as most recently determined by the department of education	49
pursuant to section 3317.03 of the Revised Code; every person who	50
is appointed to the board of education of a municipal school	51
district pursuant to division (B) or (F) of section 3311.71 of the	52
Revised Code; all members of the board of directors of a sanitary	53
district that is established under Chapter 6115. of the Revised	54
Code and organized wholly for the purpose of providing a water	55
supply for domestic, municipal, and public use, and that includes	56
two municipal corporations in two counties; every public official	57
or employee who is paid a salary or wage in accordance with	58
schedule C of section 124.15 or schedule E-2 of section 124.152 of	59
the Revised Code; members of the board of trustees and the	60
executive director of the southern Ohio agricultural and community	61
development foundation; all members appointed to the Ohio	62
livestock care standards board under section 904.02 of the Revised	63
Code; and every other public official or employee who is	64
designated by the appropriate ethics commission pursuant to	65
division (B) of this section.	66

The disclosure statement shall include all of the following:

(1) The name of the person filing the statement and each	68
member of the person's immediate family and all names under which	69
the person or members of the person's immediate family do	70
business;	71

(2)(a) Subject to divisions (A)(2)(b) and (c) of this section	72
and except as otherwise provided in section 102.022 of the Revised	73
Code, identification of every source of income, other than income	74
from a legislative agent identified in division (A)(2)(b) of this	75
section, received during the preceding calendar year, in the	76
person's own name or by any other person for the person's use or	77
benefit, by the person filing the statement, and a brief	78
description of the nature of the services for which the income was	79
received. If the person filing the statement is a member of the	80
general assembly, the statement shall identify the amount of every	81
source of income received in accordance with the following ranges	82
of amounts: zero or more, but less than one thousand dollars; one	83
thousand dollars or more, but less than ten thousand dollars; ten	84
thousand dollars or more, but less than twenty-five thousand	85
dollars; twenty-five thousand dollars or more, but less than fifty	86
thousand dollars; fifty thousand dollars or more, but less than	87
one hundred thousand dollars; and one hundred thousand dollars or	88
more. Division (A)(2)(a) of this section shall not be construed to	89
require a person filing the statement who derives income from a	90
business or profession to disclose the individual items of income	91
that constitute the gross income of that business or profession,	92
except for those individual items of income that are attributable	93
to the person's or, if the income is shared with the person, the	94
partner's, solicitation of services or goods or performance,	95
arrangement, or facilitation of services or provision of goods on	96
behalf of the business or profession of clients, including	97
corporate clients, who are legislative agents. A person who files	98
the statement under this section shall disclose the identity of	99
and the amount of income received from a person who the public	100
official or employee knows or has reason to know is doing or	101
seeking to do business of any kind with the public official's or	102
employee's agency.	103

(b) If the person filing the statement is a member of the	104
general assembly, the statement shall identify every source of	105
income and the amount of that income that was received from a	106
legislative agent during the preceding calendar year, in the	107
person's own name or by any other person for the person's use or	108
benefit, by the person filing the statement, and a brief	109
description of the nature of the services for which the income was	110
received. Division (A)(2)(b) of this section requires the	111
disclosure of clients of attorneys or persons licensed under	112
section 4732.12 of the Revised Code, or patients of persons	113
certified under section 4731.14 of the Revised Code, if those	114
clients or patients are legislative agents. Division (A)(2)(b) of	115
this section requires a person filing the statement who derives	116
income from a business or profession to disclose those individual	117
items of income that constitute the gross income of that business	118
or profession that are received from legislative agents.	119

(c) Except as otherwise provided in division (A)(2)(c) of	120
this section, division (A)(2)(a) of this section applies to	121
attorneys, physicians, and other persons who engage in the	122
practice of a profession and who, pursuant to a section of the	123
Revised Code, the common law of this state, a code of ethics	124
applicable to the profession, or otherwise, generally are required	125
not to reveal, disclose, or use confidences of clients, patients,	126
or other recipients of professional services except under	127
specified circumstances or generally are required to maintain	128
those types of confidences as privileged communications except	129
under specified circumstances. Division (A)(2)(a) of this section	130
does not require an attorney, physician, or other professional	131
subject to a confidentiality requirement as described in division	132
(A)(2)(c) of this section to disclose the name, other identity, or	133
address of a client, patient, or other recipient of professional	134
services if the disclosure would threaten the client, patient, or	135
other recipient of professional services, would reveal details of	136
the subject matter for which legal, medical, or professional	137
advice or other services were sought, or would reveal an otherwise	138
privileged communication involving the client, patient, or other	139
recipient of professional services. Division (A)(2)(a) of this	140
section does not require an attorney, physician, or other	141
professional subject to a confidentiality requirement as described	142
in division (A)(2)(c) of this section to disclose in the brief	143
description of the nature of services required by division	144
(A)(2)(a) of this section any information pertaining to specific	145
professional services rendered for a client, patient, or other	146
recipient of professional services that would reveal details of	147
the subject matter for which legal, medical, or professional	148
advice was sought or would reveal an otherwise privileged	149
communication involving the client, patient, or other recipient of	150
professional services.	151

(3) The name of every corporation on file with the secretary	152
of state that is incorporated in this state or holds a certificate	153
of compliance authorizing it to do business in this state, trust,	154
business trust, partnership, or association that transacts	155
business in this state in which the person filing the statement or	156
any other person for the person's use and benefit had during the	157
preceding calendar year an investment of over one thousand dollars	158
at fair market value as of the thirty-first day of December of the	159
preceding calendar year, or the date of disposition, whichever is	160
earlier, or in which the person holds any office or has a	161
fiduciary relationship, and a description of the nature of the	162
investment, office, or relationship. Division (A)(3) of this	163
section does not require disclosure of the name of any bank,	164
savings and loan association, credit union, or building and loan	165
association with which the person filing the statement has a	166
deposit or a withdrawable share account.	167

(4) All fee simple and leasehold interests to which the	168
person filing the statement holds legal title to or a beneficial	169
interest in real property located within the state, excluding the	170
person's residence and property used primarily for personal	171
recreation;	172

(5) The names of all persons residing or transacting business	173
in the state to whom the person filing the statement owes, in the	174
person's own name or in the name of any other person, more than	175
one thousand dollars. Division (A)(5) of this section shall not be	176
construed to require the disclosure of debts owed by the person	177
resulting from the ordinary conduct of a business or profession or	178
debts on the person's residence or real property used primarily	179
for personal recreation, except that the superintendent of	180
financial institutions shall disclose the names of all	181
state-chartered savings and loan associations and of all service	182
corporations subject to regulation under division (E)(2) of	183
section 1151.34 of the Revised Code to whom the superintendent in	184
the superintendent's own name or in the name of any other person	185
owes any money, and that the superintendent and any deputy	186
superintendent of banks shall disclose the names of all	187
state-chartered banks and all bank subsidiary corporations subject	188
to regulation under section 1109.44 of the Revised Code to whom	189
the superintendent or deputy superintendent owes any money.	190

(6) The names of all persons residing or transacting business	191
in the state, other than a depository excluded under division	192
(A)(3) of this section, who owe more than one thousand dollars to	193
the person filing the statement, either in the person's own name	194
or to any person for the person's use or benefit. Division (A)(6)	195
of this section shall not be construed to require the disclosure	196
of clients of attorneys or persons licensed under section 4732.12	197
or 4732.15 of the Revised Code, or patients of persons certified	198
under section 4731.14 of the Revised Code, nor the disclosure of	199
debts owed to the person resulting from the ordinary conduct of a	200
business or profession.	201

(7) Except as otherwise provided in section 102.022 of the	202
Revised Code, the source of each gift of over seventy-five	203
dollars, or of each gift of over twenty-five dollars received by a	204
member of the general assembly from a legislative agent, received	205
by the person in the person's own name or by any other person for	206
the person's use or benefit during the preceding calendar year,	207
except gifts received by will or by virtue of section 2105.06 of	208
the Revised Code, or received from spouses, parents, grandparents,	209
children, grandchildren, siblings, nephews, nieces, uncles, aunts,	210
brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law,	211
fathers-in-law, mothers-in-law, or any person to whom the person	212
filing the statement stands in loco parentis, or received by way	213
of distribution from any inter vivos or testamentary trust	214
established by a spouse or by an ancestor;	215

(8) Except as otherwise provided in section 102.022 of the	216
Revised Code, identification of the source and amount of every	217
payment of expenses incurred for travel to destinations inside or	218
outside this state that is received by the person in the person's	219
own name or by any other person for the person's use or benefit	220
and that is incurred in connection with the person's official	221
duties, except for expenses for travel to meetings or conventions	222
of a national or state organization to which any state agency,	223
including, but not limited to, any legislative agency or state	224
institution of higher education as defined in section 3345.011 of	225
the Revised Code, pays membership dues, or any political	226
subdivision or any office or agency of a political subdivision	227
pays membership dues;	228

(9) Except as otherwise provided in section 102.022 of the	229
Revised Code, identification of the source of payment of expenses	230
for meals and other food and beverages, other than for meals and	231
other food and beverages provided at a meeting at which the person	232
participated in a panel, seminar, or speaking engagement or at a	233
meeting or convention of a national or state organization to which	234
any state agency, including, but not limited to, any legislative	235
agency or state institution of higher education as defined in	236
section 3345.011 of the Revised Code, pays membership dues, or any	237
political subdivision or any office or agency of a political	238
subdivision pays membership dues, that are incurred in connection	239
with the person's official duties and that exceed one hundred	240
dollars aggregated per calendar year;	241

(10) If the disclosure statement is filed by a public	242
official or employee described in division (B)(2) of section	243
101.73 of the Revised Code or division (B)(2) of section 121.63 of	244
the Revised Code who receives a statement from a legislative	245
agent, executive agency lobbyist, or employer that contains the	246
information described in division (F)(2) of section 101.73 of the	247
Revised Code or division (G)(2) of section 121.63 of the Revised	248
Code, all of the nondisputed information contained in the	249
statement delivered to that public official or employee by the	250
legislative agent, executive agency lobbyist, or employer under	251
division (F)(2) of section 101.73 or (G)(2) of section 121.63 of	252
the Revised Code.	253

A person may file a statement required by this section in	254
person or by mail. A person who is a candidate for elective office	255
shall file the statement no later than the thirtieth day before	256
the primary, special, or general election at which the candidacy	257
is to be voted on, whichever election occurs soonest, except that	258
a person who is a write-in candidate shall file the statement no	259
later than the twentieth day before the earliest election at which	260
the person's candidacy is to be voted on. A person who holds	261
elective office shall file the statement on or before the	262
fifteenth day of April of each year unless the person is a	263
candidate for office. A person who is appointed to fill a vacancy	264
for an unexpired term in an elective office shall file the	265
statement within fifteen days after the person qualifies for	266
office. Other persons shall file an annual statement on or before	267
the fifteenth day of April or, if appointed or employed after that	268
date, within ninety days after appointment or employment. No	269
person shall be required to file with the appropriate ethics	270
commission more than one statement or pay more than one filing fee	271
for any one calendar year.	272

The appropriate ethics commission, for good cause, may extend	273
for a reasonable time the deadline for filing a statement under	274
this section.	275

A statement filed under this section is subject to public	276
inspection at locations designated by the appropriate ethics	277
commission except as otherwise provided in this section.	278

(B) The Ohio ethics commission, the joint legislative ethics	279
committee, and the board of commissioners on grievances and	280
discipline of the supreme court, using the rule-making procedures	281
of Chapter 119. of the Revised Code, may require any class of	282
public officials or employees under its jurisdiction and not	283
specifically excluded by this section whose positions involve a	284
substantial and material exercise of administrative discretion in	285
the formulation of public policy, expenditure of public funds,	286
enforcement of laws and rules of the state or a county or city, or	287
the execution of other public trusts, to file an annual statement	288
on or before the fifteenth day of April under division (A) of this	289
section. The appropriate ethics commission shall send the public	290
officials or employees written notice of the requirement by the	291
fifteenth day of February of each year the filing is required	292
unless the public official or employee is appointed after that	293
date, in which case the notice shall be sent within thirty days	294
after appointment, and the filing shall be made not later than	295
ninety days after appointment.	296

Except for disclosure statements filed by members of the	297
board of trustees and the executive director of the southern Ohio	298
agricultural and community development foundation, disclosure	299
statements filed under this division with the Ohio ethics	300
commission by members of boards, commissions, or bureaus of the	301
state for which no compensation is received other than reasonable	302
and necessary expenses shall be kept confidential. Disclosure	303
statements filed with the Ohio ethics commission under division	304
(A) of this section by business managers, treasurers, and	305
superintendents of city, local, exempted village, joint	306
vocational, or cooperative education school districts or	307
educational service centers shall be kept confidential, except	308
that any person conducting an audit of any such school district or	309
educational service center pursuant to section 115.56 or Chapter	310
117. of the Revised Code may examine the disclosure statement of	311
any business manager, treasurer, or superintendent of that school	312
district or educational service center. The Ohio ethics commission	313
shall examine each disclosure statement required to be kept	314
confidential to determine whether a potential conflict of interest	315
exists for the person who filed the disclosure statement. A	316
potential conflict of interest exists if the private interests of	317
the person, as indicated by the person's disclosure statement,	318
might interfere with the public interests the person is required	319
to serve in the exercise of the person's authority and duties in	320
the person's office or position of employment. If the commission	321
determines that a potential conflict of interest exists, it shall	322
notify the person who filed the disclosure statement and shall	323
make the portions of the disclosure statement that indicate a	324
potential conflict of interest subject to public inspection in the	325
same manner as is provided for other disclosure statements. Any	326
portion of the disclosure statement that the commission determines	327
does not indicate a potential conflict of interest shall be kept	328
confidential by the commission and shall not be made subject to	329
public inspection, except as is necessary for the enforcement of	330
Chapters 102. and 2921. of the Revised Code and except as	331
otherwise provided in this division.	332

(C) No person shall knowingly fail to file, on or before the	333
applicable filing deadline established under this section, a	334
statement that is required by this section.	335

(D) No person shall knowingly file a false statement that is	336
required to be filed under this section.	337

(E)(1) Except as provided in divisions (E)(2) and (3) of this	338
section, the statement required by division (A) or (B) of this	339
section shall be accompanied by a filing fee of forty dollars.	340

(2) The statement required by division (A) of this section	341
shall be accompanied by the following filing fee to be paid by the	342
person who is elected or appointed to, or is a candidate for, any	343
of the following offices:	344

For state office, except member of the		345
state board of education	$65	346
For office of member of general assembly	$40	347
For county office	$40	348
For city office	$25	349
For office of member of the state board		350
of education	$25	351
For office of member of the Ohio livestock care standards board	$25	352
For office of member of a city, local,		353
exempted village, or cooperative		354
education board of		355
education or educational service		356
center governing board	$20	357
For position of business manager,		358
treasurer, or superintendent of a		359
city, local, exempted village, joint		360
vocational, or cooperative education		361
school district or		362
educational service center	$20	363

(3) No judge of a court of record or candidate for judge of a	364
court of record, and no referee or magistrate serving a court of	365
record, shall be required to pay the fee required under division	366
(E)(1) or (2) or (F) of this section.	367

(4) For any public official who is appointed to a nonelective	368
office of the state and for any employee who holds a nonelective	369
position in a public agency of the state, the state agency that is	370
the primary employer of the state official or employee shall pay	371
the fee required under division (E)(1) or (F) of this section.	372

(F) If a statement required to be filed under this section is	373
not filed by the date on which it is required to be filed, the	374
appropriate ethics commission shall assess the person required to	375
file the statement a late filing fee of ten dollars for each day	376
the statement is not filed, except that the total amount of the	377
late filing fee shall not exceed two hundred fifty dollars.	378

(G)(1) The appropriate ethics commission other than the Ohio	379
ethics commission and the joint legislative ethics committee shall	380
deposit all fees it receives under divisions (E) and (F) of this	381
section into the general revenue fund of the state.	382

(2) The Ohio ethics commission shall deposit all receipts,	383
including, but not limited to, fees it receives under divisions	384
(E) and (F) of this section and all moneys it receives from	385
settlements under division (G) of section 102.06 of the Revised	386
Code, into the Ohio ethics commission fund, which is hereby	387
created in the state treasury. All moneys credited to the fund	388
shall be used solely for expenses related to the operation and	389
statutory functions of the commission.	390

(3) The joint legislative ethics committee shall deposit all	391
receipts it receives from the payment of financial disclosure	392
statement filing fees under divisions (E) and (F) of this section	393
into the joint legislative ethics committee investigative fund.	394

(H) Division (A) of this section does not apply to a person	395
elected or appointed to the office of precinct, ward, or district	396
committee member under Chapter 3517. of the Revised Code; a	397
presidential elector; a delegate to a national convention; village	398
or township officials and employees; any physician or psychiatrist	399
who is paid a salary or wage in accordance with schedule C of	400
section 124.15 or schedule E-2 of section 124.152 of the Revised	401
Code and whose primary duties do not require the exercise of	402
administrative discretion; or any member of a board, commission,	403
or bureau of any county or city who receives less than one	404
thousand dollars per year for serving in that position.	405

Sec. 904.01. As used in this chapter, "livestock" means	406
either of the following:	407

(A) Equine animals regardless of the purpose for which they	408
are raised;	409

(B) Any of the following animals that are raised for human	410
food products or fiber:	411

(1) Porcine animals;

412

(2) Bovine animals;

413

(3) Caprine animals;

414

(4) Ovine animals;

415

(5) Poultry;

416

(6) Alpacas;

417

(7) Llamas;

418

(8) Any other animal designated in rules adopted under	419
section 904.03 of the Revised Code.	420

Sec. 904.02. (A) There is hereby created the Ohio livestock	421
care standards board consisting of the following members:	422

(1) The director of agriculture, who shall be the chairperson	423
of the board;	424

(2) Ten members appointed by the governor with the advice and	425
consent of the senate. The ten members shall be residents of this	426
state and shall include the following:	427

(a) One member representing family farms;

428

(b) One member who is knowledgeable about food safety in this	429
state;	430

(c) Two members representing statewide organizations that	431
represent farmers;	432

(d) One member who is a veterinarian licensed under Chapter	433
4741. of the Revised Code;	434

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

435

(f) The dean of the agriculture department of a college or	436
university located in this state;	437

(g) Two members of the public representing consumers in this	438
state;	439

(h) One member representing a county humane society organized	440
under Chapter 1717. of the Revised Code.	441

(3) One member appointed by the speaker of the house of	442
representatives who shall be a family farmer;	443

(4) One member appointed by the president of the senate who	444
shall be a family farmer.	445

Not more than seven members appointed to the board at any	446
given time shall be of the same political party.	447

(B)(1) The governor, the speaker of the house of	448
representatives, and the president of the senate shall make	449
appointments to the board not later than forty-five days after the	450
effective date of this section.	451

(2) The following initial members of the board appointed by	452
the governor shall be appointed for a term ending January 25,	453
2011:	454

(a) The member representing family farmers;

455

(b) The dean of the agriculture department of a college or	456
university located in this state;	457

(c) The member who is a veterinarian licensed under Chapter	458
4741. of the Revised Code;	459

(d) One of the members of the public representing consumers	460
in this state.	461

(3) The following initial members of the board shall be	462
appointed for a term ending January 15, 2012:	463

(a) The member appointed by the speaker of the house of	464
representatives who is a family farmer;	465

(b) One of the members representing a statewide organization	466
that represents farmers;	467

(c) The member representing a county humane society organized	468
under Chapter 1717. of the Revised Code;	469

(d) The member who is knowledgeable about food safety in this	470
state.	471

(4) The following initial members of the board shall be	472
appointed for a term ending January 15, 2013:	473

(a) The member appointed by the president of the senate who	474
is a family farmer;	475

(b) One of the members of the public representing consumers	476
in this state;	477

(c) One of the members representing a statewide organization	478
that represents farmers.	479

(C) After the initial terms served in accordance with	480
division (B) of this section, terms of office shall be for three	481
years with each term ending on the same day of the same month as	482
did the term that it succeeds. However, the terms for the director	483
of agriculture and the state veterinarian shall coincide with the	484
length of time that the person holds the position of director or	485
state veterinarian, as applicable. If the director or the state	486
veterinarian resigns or that person's employment is terminated,	487
the director or state veterinarian, as applicable, shall cease to	488
serve on the board, and the successor of the director or state	489
veterinarian shall then serve on the board in accordance with this	490
section. Every other member shall hold office from the date of the	491
member's appointment until the end of the term for which the	492
member was appointed.	493

Vacancies on the board shall be filled in the manner provided	494
for original appointments. Any member appointed to fill a vacancy	495
occurring prior to the expiration of the term for which the	496
member's predecessor was appointed shall hold office for the	497
remainder of that term. A member shall continue in office	498
subsequent to the expiration date of the member's term until the	499
member's successor takes office, or until a period of one hundred	500
eighty days has elapsed, whichever occurs first. A member may be	501
reappointed upon the expiration of the member's term.	502

(D) The board shall hold at least three regular meetings each	503
year and may hold additional meetings at times that the	504
chairperson or a majority of the board members considers	505
appropriate. At the three regular meetings held by the board each	506
year, the board shall conduct a review of the rules governing the	507
care and well-being of livestock that have been or are proposed to	508
be adopted under section 904.03 of the Revised Code.	509

At the first meeting of the board in each calendar year, the	510
director shall designate one member of the board to serve as its	511
vice-chairperson. A majority of the board constitutes a quorum.	512
The board may act only if a quorum is present and only by majority	513
vote of that quorum. A vacancy on the board does not impair the	514
right of the other members to exercise all of the board's powers.	515

(E) Serving as an appointed member of the board does not	516
constitute holding a public office or position of employment under	517
the laws of this state and does not constitute grounds for removal	518
of public officers or employees from their offices or positions of	519
employment.	520

(F) Appointed members of the board shall receive no	521
compensation for their services. Members shall be reimbursed for	522
their actual and necessary expenses incurred in the performance of	523
their duties as members. The expenses shall be paid from the Ohio	524
livestock care standards fund created in section 904.06 of the	525
Revised Code. The expenses shall be paid in accordance with the	526
rules and requirements adopted by the department of administrative	527
services that are applicable to state employees.	528

(G) The board may create committees that it considers	529
appropriate to make recommendations to the board. Committees may	530
include non-board members.	531

Sec. 904.03. (A) The Ohio livestock care standards board	532
shall adopt rules in accordance with Chapter 119. of the Revised	533
Code governing the care and well-being of livestock in this state.	534
In adopting those rules, the board shall consider the following	535
factors:	536

(1) Best management practices for the care and well-being of	537
livestock;	538

(2) Biosecurity. The rules shall not create a statewide	539
animal identification system.	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

The rules shall not apply to organic producers that are	551
certified by the United States department of agriculture under the	552
national organic program to the extent that the rules preempt	553
standards that are required to maintain that certification.	554

(B) The board shall adopt rules in accordance with Chapter	555
119. of the Revised Code that establish the amount of civil	556
penalties to be assessed against persons who violate the rules	557
adopted under division (A) of this section.	558

(C) The rules adopted under this section do not apply to	559
animals that are used in agricultural, biological, or biomedical	560
research or confined in research or medical facilities that	561
operate in accordance with "The Guide for the Care and Use of	562
Agricultural Animals in Research and Teaching" published by the	563
federation of animal science societies or "The Guide for the Care	564
and Use of Laboratory Animals" published by the national academy	565
of sciences.	566

Sec. 904.04. (A) In order to assist the Ohio livestock care	567
standards board in the administration and enforcement of this	568
chapter, the director of agriculture shall do all of the	569
following:	570

(1) Hire all employees of the board, including an executive	571
director. Employees of the board shall be in the unclassified	572
civil service, serve at the pleasure of the director of	573
agriculture, and be compensated with money from the Ohio livestock	574
care standards fund created in section 904.06 of the Revised Code.	575

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

576

(3) Do all of the following with regard to rules governing	577
the care and well-being of livestock adopted by the board under	578
section 904.03 of the Revised Code:	579

(a) Process and submit the rules to the joint committee on	580
agency rule review pursuant to Chapter 119. of the Revised Code;	581

(b) Contract for surveys and analyses;

582

(c) Perform any other activities that assist the board in	583
adopting the rules.	584

(4) Publish and distribute information related to livestock	585
care, including educational materials, to livestock producers and	586
members of the public;	587

(5) Investigate complaints regarding violations of the rules	588
adopted under section 904.03 of the Revised Code in accordance	589
with the authority granted by this chapter, sections 901.25 to	590
901.29 of the Revised Code, and rules adopted under this chapter	591
and section 901.03 of the Revised Code;	592

(6) Enforce the rules adopted under section 904.03 of the	593
Revised Code and levy the civil penalties established by those	594
rules. The director may apply to a court of competent jurisdiction	595
for a temporary or permanent injunction or other appropriate	596
relief for violations of this chapter and rules adopted under it.	597
For purposes of this division, the court of competent jurisdiction	598
shall be either the court of common pleas of Licking county or the	599
court of common pleas of the county where the violation is	600
occurring.	601

(7) Perform any other duties necessary to assist the board in	602
the administration and enforcement of this chapter.	603

(B) The director or the director's authorized representative	604
acting on behalf of the Ohio livestock care standards board, upon	605
proper identification and upon stating the purpose and necessity	606
of an inspection, may enter at reasonable times on any public or	607
private property, real or personal, to inspect or investigate,	608
obtain samples, and examine or copy records to determine	609
compliance with this chapter and rules adopted under it. The	610
director or the director's authorized representative may apply	611
for, and any judge of a court of competent jurisdiction may issue,	612
an appropriate search warrant necessary to achieve the purposes of	613
this chapter and rules adopted under it.	614

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

615

(A) Falsify any plans, specifications, data, reports,	616
records, or other information required by this chapter or rules	617
adopted under it to be kept or submitted to the director of	618
agriculture or the Ohio livestock care standards board;	619

(B) Violate any provision of this chapter or any order, rule,	620
or determination of the director or board issued, adopted, or made	621
under this chapter or rules adopted under it.	622

Sec. 904.06. (A) Until the general assembly appropriates	623
money for the purposes of this chapter and rules adopted under it,	624
the director of agriculture shall request the controlling board to	625
authorize the transfer of all or part of an appropriation from any	626
fund administered by the department of agriculture to the Ohio	627
livestock care standards fund created in division (B) of this	628
section.	629

(B) All money appropriated by the general assembly for use by	630
the Ohio livestock care standards board, money transferred from	631
any fund administered by the department as provided in division	632
(A) of this section, all money collected from civil penalties	633
under this chapter, and all money donated to the department of	634
agriculture or the board for the purposes of advancing livestock	635
care shall be deposited in the state treasury to the credit of the	636
Ohio livestock care standards fund, which is hereby created.	637

(C) Money credited to the fund shall be used by the director	638
of agriculture to carry out the purposes of this chapter,	639
including the administration and enforcement costs of the	640
department of agriculture and the compensation of employees of the	641
Ohio livestock care standards board.	642

Sec. 904.07. The authority granted to the Ohio livestock	643
care standards board and the director of agriculture by this	644
chapter does not detract from or expand the authority or	645
obligations of county humane societies or county officials under	646
Chapter 1717. of the Revised Code.	647

Sec. 904.08. The authority granted to the Ohio livestock	648
care standards board and the director of agriculture by this	649
chapter does not apply to food processing production activity that	650
is regulated by the department of agriculture under Title IX of	651
the Revised Code.	652

Section 2. That existing section 102.02 of the Revised Code	653
is hereby repealed.	654