Sub. S. J. R. No. 6 As Reported by the Senate Agriculture Committee

As Reported by the Senate Agriculture Committee

128th General Assembly

Regular Session

2009-2010

Sub. S. J. R. No. 6

Senators Gibbs, Wilson

Cosponsors: Senators Faber, Grendell, Morano

A JOINT RESOLUTION

Proposing to enact Section 1 of Article XIV of the 1
Constitution of the State of Ohio to create the 2
Ohio Livestock Care Standards Board. 3

       Be it resolved by the General Assembly of the State of Ohio, 4
three-fifths of the members elected to each house concurring 5
herein, that there shall be submitted to the electors of the 6
state, in the manner prescribed by law at the general election to 7
be held on November 3, 2009, a proposal to enact Section 1 of 8
Article XIV of the Constitution of the State of Ohio to read as 9
follows: 10

ARTICLE XIV 11

1.  (A) There is hereby created the Ohio Livestock 12
Care Standards Board for the purpose of establishing standards 13
governing the care and well-being of livestock and poultry in 14
this state. In carrying out its purpose, the Board shall 15
endeavor to maintain food safety, encourage locally grown and 16
raised food, and protect Ohio farms and families. The Board 17
shall be comprised of the following thirteen members: 18

       (1) The director of the state department that regulates 19
agriculture who shall be the chairperson of the Board; 20

       (2) Ten members appointed by the Governor with the advice and 21
consent of the Senate. The ten members appointed by the Governor 22
shall be residents of this state and shall include the following: 23

       (a) One member representing family farms; 24

       (b) One member who is knowledgeable about food safety in this 25
state; 26

       (c) Two members representing statewide organizations that 27
represent farmers; 28

       (d) One member who is a veterinarian who is licensed in this 29
state; 30

       (e) The State Veterinarian in the state department that 31
regulates agriculture; 32

       (f) The dean of the agriculture department of a college or 33
university located in this state; 34

       (g) Two members of the public representing Ohio consumers; 35

       (h) One member representing a county humane society that is 36
organized under state law. 37

       (3) One member appointed by the Speaker of the House of 38
Representatives who shall be a family farmer; 39

       (4) One member appointed by the President of the Senate who 40
shall be a family farmer. 41

       Not more than seven members appointed to the Board at any 42
given time shall be of the same political party. 43

       (B) The Board shall have exclusive authority to establish 44
standards governing the care and well-being of livestock and 45
poultry in this state, subject only to the authority of the 46
General Assembly. In establishing those standards, the Board 47
shall consider factors that include, but are not limited to, 48
agricultural best management practices for such care and 49
well-being, biosecurity, disease prevention, animal morbidity 50
and mortality data, food safety practices, and the protection 51
of local, affordable food supplies for consumers. 52

       (C) The state department that regulates agriculture shall 53
have the authority to administer and enforce the standards 54
established by the Board. 55

       (D) The General Assembly shall enact laws that are necessary 56
for the Board to carry out its functions and that set the length 57
of terms of office for the Board's members. Nothing in this 58
section limits or impairs the authority of the General Assembly to 59
enact legislation consistent with this section and consistent with 60
the authority otherwise granted to the General Assembly under the 61
Constitution. 62

       (E) This section shall be liberally construed in favor of its 63
purposes and no other provision of the Constitution shall impair 64
or limit the power granted by this section. 65

       (F) If any part of this section is held invalid, the 66
remainder of this section shall not be affected by that holding 67
and shall continue in full force and effect. 68

EFFECTIVE DATE 69

       If adopted by a majority of the electors voting on this 70
proposal at the general election held November 3, 2009, the 71
enactment of Section 1 of Article XIV of the Constitution of the 72
State of Ohio takes effect immediately. 73

Be it resolved by the General Assembly of the State of Ohio,	4
three-fifths of the members elected to each house concurring	5
herein, that there shall be submitted to the electors of the	6
state, in the manner prescribed by law at the general election to	7
be held on November 3, 2009, a proposal to enact Section 1 of	8
Article XIV of the Constitution of the State of Ohio to read as	9
follows:	10

1. (A) There is hereby created the Ohio Livestock	12
Care Standards Board for the purpose of establishing standards	13
governing the care and well-being of livestock and poultry in	14
this state. In carrying out its purpose, the Board shall	15
endeavor to maintain food safety, encourage locally grown and	16
raised food, and protect Ohio farms and families. The Board	17
shall be comprised of the following thirteen members:	18

(1) The director of the state department that regulates	19
agriculture who shall be the chairperson of the Board;	20

(2) Ten members appointed by the Governor with the advice and	21
consent of the Senate. The ten members appointed by the Governor	22
shall be residents of this state and shall include the following:	23

(b) One member who is knowledgeable about food safety in this	25
state;	26

(c) Two members representing statewide organizations that	27
represent farmers;	28

(d) One member who is a veterinarian who is licensed in this	29
state;	30

(e) The State Veterinarian in the state department that	31
regulates agriculture;	32

(f) The dean of the agriculture department of a college or	33
university located in this state;	34

(h) One member representing a county humane society that is	36
organized under state law.	37

(3) One member appointed by the Speaker of the House of	38
Representatives who shall be a family farmer;	39

(4) One member appointed by the President of the Senate who	40
shall be a family farmer.	41

Not more than seven members appointed to the Board at any	42
given time shall be of the same political party.	43

(B) The Board shall have exclusive authority to establish	44
standards governing the care and well-being of livestock and	45
poultry in this state, subject only to the authority of the	46
General Assembly. In establishing those standards, the Board	47
shall consider factors that include, but are not limited to,	48
agricultural best management practices for such care and	49
well-being, biosecurity, disease prevention, animal morbidity	50
and mortality data, food safety practices, and the protection	51
of local, affordable food supplies for consumers.	52

(C) The state department that regulates agriculture shall	53
have the authority to administer and enforce the standards	54
established by the Board.	55

(D) The General Assembly shall enact laws that are necessary	56
for the Board to carry out its functions and that set the length	57
of terms of office for the Board's members. Nothing in this	58
section limits or impairs the authority of the General Assembly to	59
enact legislation consistent with this section and consistent with	60
the authority otherwise granted to the General Assembly under the	61
Constitution.	62

(E) This section shall be liberally construed in favor of its	63
purposes and no other provision of the Constitution shall impair	64
or limit the power granted by this section.	65

(F) If any part of this section is held invalid, the	66
remainder of this section shall not be affected by that holding	67
and shall continue in full force and effect.	68

If adopted by a majority of the electors voting on this	70
proposal at the general election held November 3, 2009, the	71
enactment of Section 1 of Article XIV of the Constitution of the	72
State of Ohio takes effect immediately.	73