Bill Analysis

Legislative Service Commission

LSC Analysis of House Bill

Sub. H.B. 414*

128th General Assembly

(As Reported by S. Agriculture)

 

Reps.     Sayre and Bolon, Boose, Hite, Ruhl, Derickson, Pryor, Weddington, Domenick, Zehringer, Wagner, R. Adams, 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, B. Williams, Winburn, Yuko

BILL SUMMARY

·         Pursuant to the Ohio Constitution, creates the Ohio Livestock Care Standards Board consisting of specified members, and establishes the terms of office for the members of the Board.

·         Requires the Board to adopt rules governing the care and well-being of livestock in this state, including best management practices for the care and well-being of livestock and the prevention of disease, and establishing the amount of civil penalties to be assessed against persons who violate the rules, and defines "livestock" for those purposes.

·         With regard to organic producers that are certified by the United States Department of Agriculture under the National Organic Program, states that if there is a conflict between the Board's rules governing the care and well-being of livestock and the standards established by the United States Department of Agriculture under that Program, the standards established under the Program must prevail.

·         Requires the Director of Agriculture to assist the Board in the administration and enforcement of the bill, including hiring employees of the Board, entering into contracts, enforcing the rules adopted by the Board, and taking other specified actions regarding those rules.

·         Authorizes the Director or the Director's authorized representative, with the consent of the premises owner and the livestock owner, if different from the premises owner, to enter at all reasonable times on any premises to determine compliance with rules adopted under the bill.

·         Prohibits a person from falsifying any plans, specifications, data, reports, records, or other information required by the bill or rules adopted under it to be kept or submitted to the Director or the Board or violating any provision of the bill or any order, rule, or determination of the Director or Board issued, adopted, or made under the bill or rules adopted under it.

·         Requires the Director, until the General Assembly appropriates money for the purposes of the bill and rules adopted under it, to request the Controlling Board to authorize the transfer of all or part of an appropriation from any fund administered by the Department of Agriculture to the Ohio Livestock Care Standards Fund created by the bill.

·         Specifies that the Fund consists of all money appropriated by the General Assembly for use by the Board, money transferred from any fund administered by the Department as provided in the bill, and all money donated to the Department or the Board for the purposes of advancing livestock care, and requires the Director to use money credited to the Fund to carry out the purposes of the bill, including the administration and enforcement costs of the Department of Agriculture and the compensation of the Board's employees.

·         States that the authority granted to the Board and the Director by the bill does not detract from or expand the authority or obligations of county humane societies or county officials under the Humane Societies Law.

·         States that the authority granted to the Board and the Director by the bill does not apply to food processing production activity that is regulated by the Department of Agriculture under the agricultural laws in Title IX of the Revised Code.

·         Prohibits the Board from creating a statewide animal identification system.

·         Declares an emergency.

CONTENT AND OPERATION

Introduction

The Ohio Livestock Care Standards Board was created when the electors of the state voted to amend the Ohio Constitution in November 2009.  The amendment authorizes the General Assembly to enact laws that it deems necessary to carry out the purposes of the amendment, to facilitate the execution of the duties of the Board and the Department of Agriculture under the amendment, and to set the terms of office of the Board members and conditions for the Board members' service on the Board.  (Ohio Constitution, Article XIV, Section 1.)

Appointment of the members of the Ohio Livestock Care Standards Board; operation of the Board

The bill creates the Ohio Livestock Care Standards Board consisting of the following members:

(1)  The Director of Agriculture, who must be the chairperson of the Board;

(2)  Ten members appointed by the Governor with the advice and consent of the Senate.  The ten members must be Ohio residents and must include the following:

(a)  One member representing family farms;

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

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

(d)  One member who is a veterinarian licensed under the Veterinarians Law;

(e)  The State Veterinarian in the Department of Agriculture;

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

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

(h)  One member representing a county humane society organized under the Humane Societies Law.

(3)  One member appointed by the Speaker of the House of Representatives who must be a family farmer; and

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

Not more than seven members appointed to the Board at any given time can be of the same political party.  (R.C. 904.02(A).)

The bill requires the Governor, the Speaker of the House of Representatives, and the President of the Senate to make appointments to the Board not later than 45 days after the bill's effective date.  It generally provides for staggered three-year terms for the appointed members of the Board.  However, the terms for the Director and the State Veterinarian must coincide with the length of time that the person holds the position of Director or State Veterinarian, as applicable.  If the Director or the State Veterinarian resigns or that person's employment is terminated, the Director or State Veterinarian, as applicable, must cease to serve on the Board, and the successor of the Director or State Veterinarian must then serve on the Board in accordance with the bill.  Every other member must hold office from the date of the member's appointment until the end of the term for which the member was appointed. 

The bill establishes standard procedures for filling vacancies.  Under the bill, a member must continue in office subsequent to the expiration date of the member's term until the member's successor takes office, or until a period of 180 days has elapsed, whichever occurs first.  A member may be reappointed upon the expiration of the member's term.  (R.C. 904.02(B) and(C).)

The bill requires the Board to hold at least three regular meetings each year and authorizes it to hold additional meetings at times that the chairperson or a majority of the Board members considers appropriate.  At the three regular meetings, the Board must conduct a review of the rules governing the care and well-being of livestock that have been or are proposed to be adopted under the bill.  At the first meeting of the Board in each calendar year, the Director must designate one member of the Board to serve as its vice-chairperson.  A majority of the Board constitutes a quorum.  The Board may act only if a quorum is present and only by majority vote of that quorum.  A vacancy on the Board does not impair the right of the other members to exercise all of the Board's powers.  (R.C. 904.02(D).)

Serving as an appointed member of the Board does not constitute holding a public office or position of employment under the laws of this state and does not constitute grounds for removal of public officers or employees from their offices or positions of employment.  Appointed members of the Board must receive no compensation for their services.  Members must be reimbursed for their actual and necessary expenses incurred in the performance of their duties as members.  The expenses must be paid from the Ohio Livestock Care Standards Fund created by the bill (see "Funding," below).  The expenses must be paid in accordance with the rules and requirements adopted by the Department of Administrative Services that are applicable to state employees.  (R.C. 904.02(E) and (F).)

The bill requires the members of the Board to file financial disclosure statements with the Ohio Ethics Commission in the same manner as members of other state boards and commissions and public officials file those statements.  A member of the Board must include with the statement a $25 filing fee.  (R.C. 102.02.)

The Board may create committees that it considers appropriate to make recommendations to the Board.  Committees may include non-Board members.  (R.C. 904.02.)

Duties of the Board

The bill requires the Board to adopt rules in accordance with the Administrative Procedure Act governing the care and well-being of livestock in this state.  Under the bill, "livestock" means equine animals regardless of the purpose for which they are raised and any of the following animals that are raised for human food products or fiber:  (1) porcine animals, (2) bovine animals, (3) caprine animals, (4) ovine animals, (5) poultry, (6) alpacas, (7) llamas, and (8) any other animal designated in rules adopted under the bill (R.C. 904.01).  

In adopting the rules, the Board must consider the following factors:

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

(2)  Biosecurity;

(3)  The prevention of disease;

(4)  Animal morbidity and mortality data;

(5)  Food safety practices;

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

(7)  Generally accepted veterinary medical practices, livestock practice standards, and ethical standards established by the American Veterinary Medical Association; and

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

However, with regard to organic producers that are certified by the United States Department of Agriculture under the National Organic Program, the bill states that if there is a conflict between the rules adopted under the bill and the standards established by the United States Department of Agriculture under the National Organic Program, the standards established under that Program must prevail.  (R.C. 904.03(A).)

Additionally, the Board must adopt rules in accordance with the Administrative Procedure Act that establish the amount of civil penalties to be assessed against persons who violate the rules governing the care and well-being of livestock.  All of the rules adopted under the bill do not apply to animals that are used in agricultural, biological, or biomedical research or confined in research or medical facilities that operate in accordance with "The Guide for the Care and Use of Agricultural Animals in Research and Teaching" published by the Federation of Animal Science Societies or "The Guide for the Care and Use of Laboratory Animals" published by the National Academy of Sciences.  (R.C. 904.03(B) and (C).)

Duties and powers of the Director of Agriculture

The bill requires the Director of Agriculture to do all of the following in order to assist the Board in the administration and enforcement of the bill:

(1)  Hire all employees of the Board, including an executive director.  Employees of the Board must be in the unclassified civil service, serve at the pleasure of the Director, and be compensated with money from the Ohio Livestock Care Standards Fund created by the bill (see "Funding," below).

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

(3)  Do all of the following with regard to rules governing the care and well-being of livestock adopted by the Board:  process and submit the rules to the Joint Committee on Agency Rule Review pursuant to the Administrative Procedure Act, contract for surveys and analyses, and perform any other activities that assist the Board in adopting the rules;

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

(5)  Investigate complaints regarding violations of the rules adopted by the Board in accordance with the authority granted by the bill, the provisions governing the enforcement and investigation authority of the Director in the Department of Agriculture Law, and rules adopted under the bill and that Law;

(6)  Enforce the rules adopted by the Board and levy the civil penalties established by those rules.  The Director may apply to a court of competent jurisdiction for a temporary or permanent injunction or other appropriate relief for violations of the bill and rules adopted under it.  The court of competent jurisdiction must be either the Licking County Court of Common Pleas or the court of common pleas of the county where the violation is occurring.  Money collected from civil penalties levied under the bill must be deposited in the state treasury to the credit of the General Revenue Fund.

(7)  Perform any other duties necessary to assist the Board in the administration and enforcement of the bill.  (R.C. 904.04(A).)

The bill authorizes the Director or the Director's authorized representative, with the consent of the premises owner and, if the premises owner is different from the livestock owner, the livestock owner, to enter at all reasonable times on any premises for the purpose of determining compliance with the rules adopted under the bill.  If the Director or the Director's authorized representative is denied access to the premises and the Director or the Director's authorized representative suspects that those rules are not being complied with, the Director may apply for a search warrant authorizing access from a court of competent jurisdiction.  The court must issue the search warrant if there is probable cause.  Probable cause may be based on hearsay, provided that there is substantial basis for believing the source is credible and there is factual basis for the information.  Upon entry on premises in accordance with the bill, the Director or the Director's authorized representative must observe biosecurity measures in order to prevent spreading disease and infecting livestock.  (R.C. 904.04(B).)

Prohibitions

The bill prohibits a person from doing either of the following:

(1)  Falsifying any plans, specifications, data, reports, records, or other information required by the bill or rules adopted under it to be kept or submitted to the Director or the Board; or

(2)  Violating any provision of the bill or any order, rule, or determination of the Director or Board issued, adopted, or made under the bill or rules adopted under it.  (R.C. 904.05.)

Funding

The bill requires the Director, until the General Assembly appropriates money for the purposes of the bill and rules adopted under it, to request the Controlling Board to authorize the transfer of all or part of an appropriation from any fund administered by the Department of Agriculture to the Ohio Livestock Care Standards Fund, which is created in the state treasury by the bill.  The bill specifies that the Fund consists of all money appropriated by the General Assembly for use by the Board, money transferred from any fund administered by the Department as provided in the bill, and all money donated to the Department or the Board for the purposes of advancing livestock care.  It then requires the Director to use money credited to the Fund to carry out the purposes of the bill, including the administration and enforcement costs of the Department and the compensation of employees of the Board.  (R.C. 904.06.)

Humane societies

The bill states that the authority granted to the Board and the Director by the bill does not detract from or expand the authority or obligations of county humane societies or county officials under the Humane Societies Law (R.C. 904.07).

Food processing production activity

The bill states that the authority granted to the Board and the Director by the bill does not apply to food processing production activity that is regulated by the Department of Agriculture under the agricultural laws in Title IX of the Revised Code (R.C. 904.08).

Statewide animal identification system

The bill prohibits the Board from creating a statewide animal identification system (R.C. 904.09).

Declaration of an emergency

Stating the importance of beginning the process of establishing standards of care for livestock and poultry as quickly as possible in order to fulfill the constitutional mandate of the Board to maintain food safety, encourage locally grown and raised food, and protect Ohio farms and families, the bill declares an emergency (Section 3).

HISTORY

ACTION

DATE

 

 

Introduced

01-19-10

Reported, H. Agriculture & Natural Resources

03-03-10

Passed House (98-0)

03-10-10

Reported, S. Agriculture

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h0414-rs-128.docx/kl



* This analysis was prepared before the report of the Senate Agriculture Committee appeared in the Senate Journal.  Note that the list of co-sponsors and the legislative history may be incomplete.