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As Passed by the Senate
122nd General Assembly
Regular Session
1997-1998 | Am. Sub. S. B. No. 46 |
SENATORS CARNES-DIX-GAETH-WHITE
A BILL
To amend section 1509.38 and to enact sections 1510.01 to 1510.13 and 1510.99
of the Revised
Code to provide for the establishment of an oil and natural gas
marketing program.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 1509.38 be amended and sections 1510.01, 1510.02,
1510.03, 1510.04,
1510.05, 1510.06, 1510.07, 1510.08, 1510.09, 1510.10, 1510.11,
1510.12, 1510.13, and 1510.99 of the Revised Code be
enacted to read as follows:
Sec. 1509.38. There is hereby created in the division of
oil and gas a technical advisory council on oil and gas, which
shall consist of eight members to be appointed by the governor
with the advice and consent of the senate. Three members shall
be independent oil or gas producers, operators, or their
representatives, operating and producing primarily in Ohio THIS
STATE, three
members shall be oil or gas producers, operators, or their
representatives having substantial oil and gas producing
operations in Ohio THIS STATE and at least one other state, one
member shall
represent the public, and one member shall represent persons
having landowners' royalty interests in oil and gas production.
All members must SHALL be residents of Ohio THIS
STATE, and all members, except
the members representing the public and persons having
landowners' royalty interests, must SHALL have at least five
years of
practical or technical experience in oil or gas drilling and
production. Not more than one member may represent any one
company, producer, or operator.
Terms of office shall be for three years, commencing on the
first day of February and ending on the thirty-first day of
January, except that upon expiration of the term ending February
1, 1976, the new term which succeeds it shall commence on
February 2, 1976 and end on January 31, 1979; upon expiration of
the terms ending on February 2, 1975, the new terms which succeed
them shall commence on February 3, 1975 and end on January 31,
1978; and upon expiration of the terms ending on February 4,
1973, the new terms which succeed them shall commence on February
5, 1973 and end on January 31, 1976. Each member shall hold
office from the date of his appointment until the end of the term
for which he THE MEMBER was appointed. A vacancy in the office
of a member
shall be filled by the governor, with the advice and consent of
the senate. Any member appointed to fill a vacancy occurring
prior to the expiration of the term for which his THE MEMBER'S
predecessor was appointed shall hold office for the remainder of such
THAT term. Any
member shall continue in office subsequent to the expiration date
of his THE MEMBER'S term until his THE MEMBER'S
successor
takes office, or until a period
of sixty days has elapsed, whichever occurs first.
The council shall select from among its members a chairman
CHAIRPERSON, a vice-chairman VICE-CHAIRPERSON, and a
secretary. All members are entitled to their actual and necessary expenses
incurred in the performance of their duties as such members, payable
from the
appropriations
for the division.
The governor may remove any member for inefficiency,
neglect of duty, or malfeasance in office.
The council shall hold at least one regular meeting in each
quarter of a calendar year, and shall keep a record of its
proceedings. Special meetings may be called by the chairman,
CHAIRPERSON and shall be called by him THE CHAIRPERSON
upon receipt of a written request therefor signed by two or more
members of
the council. A written notice of the time and place of each meeting shall be
sent to each member of the council. Five members constitute a quorum, and no
action of the council is valid unless five members concur.
The council shall, when requested by the chief of the
division of oil and gas, SHALL consult with and advise the chief and
perform such other duties as THAT may be lawfully
delegated to it by the chief. The council shall have the right to
MAY participate in hearings held by the chief pursuant to Chapter
1509. of the
Revised Code, UNDER THIS CHAPTER and shall have HAS
powers of approval as provided in
sections 1509.24 and 1509.25 of the Revised Code.
THE COUNCIL SHALL CONDUCT THE ACTIVITIES REQUIRED, AND EXERCISE THE
AUTHORITY GRANTED, UNDER CHAPTER 1510. of the Revised Code.
Sec. 1510.01. AS USED IN THIS CHAPTER:
(A) "FIRST PURCHASER" MEANS:
(1) WITH REGARD TO CRUDE OIL, THE PERSON TO WHOM TITLE
FIRST IS TRANSFERRED BEYOND THE GATHERING TANK OR TANKS, BEYOND
THE FACILITY FROM WHICH THE CRUDE OIL WAS FIRST PRODUCED, OR
BOTH;
(2) WITH REGARD TO NATURAL GAS, THE PERSON TO WHOM TITLE
FIRST IS TRANSFERRED BEYOND THE INLET SIDE OF THE MEASUREMENT
STATION FROM WHICH THE NATURAL GAS WAS FIRST PRODUCED.
(B) "INDEPENDENT
PRODUCER" MEANS A PERSON WHO COMPLIES WITH BOTH OF THE FOLLOWING:
(1) PRODUCES OIL OR NATURAL GAS AND IS
NOT ENGAGED IN REFINING EITHER PRODUCT;
(2) DERIVES A MAJORITY
OF INCOME FROM OWNERSHIP IN PROPERTIES PRODUCING OIL OR NATURAL
GAS.
(C) "QUALIFIED
INDEPENDENT PRODUCER ASSOCIATION" MEANS AN ASSOCIATION THAT
COMPLIES WITH ALL OF THE FOLLOWING:
(1) IT IS IN EXISTENCE ON THE EFFECTIVE DATE OF THIS
SECTION;
(2) IT IS ORGANIZED AND OPERATING WITHIN THIS
STATE;
(3) A MAJORITY OF THE MEMBERS OF ITS GOVERNING BODY ARE
INDEPENDENT PRODUCERS.
(D) "TECHNICAL ADVISORY COUNCIL" OR "COUNCIL" MEANS THE TECHNICAL
ADVISORY COUNCIL CREATED IN THE DIVISION OF OIL AND GAS UNDER SECTION
1509.38 of the Revised Code.
Sec. 1510.02. IN ACCORDANCE WITH THIS CHAPTER, THE
TECHNICAL ADVISORY COUNCIL SHALL DO ALL OF THE
FOLLOWING:
(A) ESTABLISH PROCEDURES
BY WHICH INDEPENDENT PRODUCERS IN THIS STATE MAY PROPOSE,
DEVELOP, AND OPERATE A MARKETING PROGRAM TO DO ALL OF THE
FOLLOWING:
(1) DEMONSTRATE TO THE GENERAL PUBLIC THE IMPORTANCE AND
ECONOMIC SIGNIFICANCE OF THE OIL AND NATURAL GAS INDUSTRY IN
THIS STATE;
(2) ENCOURAGE THE WISE AND EFFICIENT USE OF
ENERGY;
(3) PROMOTE ENVIRONMENTALLY SOUND PRODUCTION METHODS AND
TECHNOLOGIES IN THE INDUSTRY;
(4) SUPPORT RESEARCH AND EDUCATIONAL ACTIVITIES
CONCERNING THE INDUSTRY.
(B) ESTABLISH PROCEDURES
NECESSARY TO IMPLEMENT AND
ADMINISTER THIS CHAPTER;
(C) DETERMINE THE
ELIGIBILITY OF INDEPENDENT PRODUCERS TO PARTICIPATE IN
REFERENDUMS AND OTHER PROCEDURES THAT MAY BE REQUIRED TO
ESTABLISH A MARKETING PROGRAM FOR OIL AND NATURAL GAS.
Sec. 1510.03. A
MARKETING PROGRAM THAT IS ESTABLISHED UNDER THIS CHAPTER MAY
INCLUDE AUTHORITY TO DO AT LEAST ALL OF THE FOLLOWING:
(A) CARRY OUT THE PURPOSES OF THE PROGRAM IDENTIFIED IN
SECTION 1510.02 of the Revised Code;
(B) ENTER INTO CONTRACTS WITH QUALIFIED ORGANIZATIONS,
AGENCIES, OR INDIVIDUALS, OR ANY COMBINATION THEREOF, TO CARRY
OUT THOSE PURPOSES;
(C) CONTRIBUTE TO ANY NATIONAL OR REGIONAL MARKETING
PROGRAM FOR OIL AND NATURAL GAS IF THE PROGRAM IS EXCLUSIVELY
FOR THE SAME PURPOSES AS THE PROGRAM ESTABLISHED UNDER THIS
CHAPTER.
Sec. 1510.04. (A) INDEPENDENT PRODUCERS IN THIS STATE MAY
PRESENT THE TECHNICAL ADVISORY COUNCIL WITH A PETITION
SIGNED BY THE LESSER OF ONE HUNDRED OR TEN PER CENT OF ALL
SUCH PRODUCERS REQUESTING THAT THE COUNCIL HOLD A REFERENDUM IN
ACCORDANCE WITH SECTION 1510.05 of the Revised Code TO ESTABLISH A
MARKETING PROGRAM FOR OIL AND NATURAL GAS OR TO AMEND AN EXISTING
PROGRAM.
(B) AT THE TIME OF PRESENTATION OF THE PETITION TO THE
COUNCIL UNDER DIVISION (A) OF THIS SECTION, THE PETITIONERS ALSO
SHALL PRESENT THE PROPOSED PROGRAM OR AMENDMENT, WHICH
SHALL INCLUDE ALL OF THE FOLLOWING:
(1) THE RATE OF ASSESSMENT TO BE MADE ON THE PRODUCTION OF OIL AND NATURAL
GAS IN THIS STATE, WHICH SHALL NOT EXCEED ONE CENT PER EACH GROSS BARREL OF
OIL AND ONE-TENTH OF ONE CENT PER THOUSAND CUBIC FEET OF NATURAL GAS;
(2) TERMS, CONDITIONS, LIMITATIONS, AND OTHER
QUALIFICATIONS FOR ASSESSMENT;
(3) PROCEDURES TO REFUND THE ASSESSMENT.
(C) BEFORE MAKING A DECISION UNDER THIS DIVISION TO
APPROVE OR DISAPPROVE A PROPOSED PROGRAM OR AMENDMENT, THE COUNCIL SHALL
PUBLISH IN AT LEAST TWO APPROPRIATE PERIODICALS DESIGNATED BY
THE COUNCIL A NOTICE THAT THE PROGRAM OR AMENDMENT HAS BEEN PROPOSED AND
INFORMING INTERESTED PERSONS OF THE PROCEDURES FOR SUBMITTING
COMMENTS REGARDING THE PROPOSAL. AFTER PUBLISHING THE NOTICE,
THE COUNCIL SHALL PROVIDE INTERESTED PERSONS WITH A COPY OF THE
PROPOSED PROGRAM OR AMENDMENT AND
AN OPPORTUNITY TO COMMENT ON THE PROPOSED PROGRAM OR AMENDMENT
FOR THIRTY DAYS AFTER THE PUBLICATION OF THE NOTICE. THE
PETITIONERS MAY MAKE CHANGES TO THE PROPOSED PROGRAM OR AMENDMENT
BASED UPON THE COMMENTS RECEIVED. THE COUNCIL MAY MAKE
TECHNICAL CHANGES TO THE PROPOSAL TO ENSURE COMPLIANCE WITH
THIS CHAPTER. SUBSEQUENT TO ANY
CHANGES MADE BY THE PETITIONERS OR ANY TECHNICAL CHANGES MADE BY
THE COUNCIL TO A PROPOSED PROGRAM OR AMENDMENT, THE COUNCIL MAY APPROVE OR
DISAPPROVE THE PROPOSED PROGRAM OR AMENDMENT.
(D) IF THE COUNCIL APPROVES THE PROPOSED PROGRAM OR
AMENDMENT, WITH ANY CHANGES MADE UNDER DIVISION (C) OF THIS
SECTION, THE COUNCIL SHALL HOLD A REFERENDUM IN ACCORDANCE WITH SECTION
1510.05 of the Revised Code TO ESTABLISH A MARKETING PROGRAM FOR OIL AND NATURAL GAS OR TO
AMEND AN EXISTING PROGRAM.
Sec. 1510.05. (A) NOT
LATER THAN NINETY DAYS AFTER THE TECHNICAL ADVISORY COUNCIL
HAS APPROVED A MARKETING PROGRAM PROPOSED UNDER SECTION 1510.04
of the Revised Code, OR AN AMENDMENT TO SUCH A
PROGRAM, THE COUNCIL SHALL DETERMINE BY A REFERENDUM WHETHER
THE ELIGIBLE INDEPENDENT PRODUCERS, AS DETERMINED UNDER DIVISION
(C) OF SECTION 1510.02 of the Revised Code, FAVOR THE PROPOSED
PROGRAM OR AMENDMENT. THE COUNCIL SHALL CAUSE A BALLOT REQUEST
FORM TO BE PUBLISHED NOT LESS THAN THIRTY DAYS BEFORE THE
BEGINNING OF THE ELECTION PERIOD ESTABLISHED UNDER DIVISION
(B) OF THIS SECTION IN AT LEAST
TWO APPROPRIATE PERIODICALS DESIGNATED BY THE COUNCIL AND SHALL
MAKE THE FORM AVAILABLE FOR REPRODUCTION TO ANY QUALIFIED
INDEPENDENT PRODUCER ASSOCIATION.
(B) IN A REFERENDUM HELD
UNDER THIS SECTION, EACH ELIGIBLE INDEPENDENT PRODUCER IS
ENTITLED TO ONE VOTE. THE COUNCIL SHALL ESTABLISH A THREE-DAY
PERIOD DURING WHICH ELIGIBLE INDEPENDENT PRODUCERS MAY VOTE
EITHER IN PERSON DURING NORMAL BUSINESS HOURS AT POLLING PLACES
DESIGNATED BY THE COUNCIL OR BY MAILING A BALLOT TO SUCH A
POLLING PLACE. THE COUNCIL SHALL
SEND A MAIL-IN BALLOT BY FIRST-CLASS MAIL TO ANY ELIGIBLE
INDEPENDENT PRODUCER WHO REQUESTS ONE BY
SENDING IN THE BALLOT REQUEST FORM PROVIDED
FOR IN DIVISION (A) OF THIS
SECTION, BY CALLING ONE OF THE POLLING PLACES DESIGNATED BY THE
COUNCIL, OR BY ANY ADDITIONAL METHOD THAT THE COUNCIL MAY
PROVIDE. A BALLOT THAT IS RETURNED BY MAIL IS NOT VALID IF IT
IS POSTMARKED LATER THAN THE THIRD DAY OF THE ELECTION PERIOD
ESTABLISHED BY THE COUNCIL.
(C) A MARKETING PROGRAM
OR AN AMENDMENT TO A MARKETING PROGRAM IS FAVORED BY INDEPENDENT
PRODUCERS IF A MAJORITY OF THE INDEPENDENT PRODUCERS WHO VOTE IN
THE REFERENDUM VOTE IN FAVOR OF THE PROGRAM OR AMENDMENT. IF
THE INDEPENDENT PRODUCERS WHO VOTE IN THE REFERENDUM DO NOT
FAVOR THE PROPOSED PROGRAM OR AMENDMENT, THE COUNCIL SHALL NOT
HOLD ANOTHER REFERENDUM ON THE PROPOSED PROGRAM OR AMENDMENT
DURING THE TEN MONTHS FOLLOWING THE CLOSE OF THE REFERENDUM AT
WHICH THE INDEPENDENT PRODUCERS DID NOT FAVOR THE PROPOSED
PROGRAM OR AMENDMENT.
Sec. 1510.06. (A) WHEN THE INDEPENDENT PRODUCERS WHO VOTE IN A
REFERENDUM HELD UNDER SECTION 1510.05 of the Revised Code FAVOR A PROPOSED MARKETING PROGRAM,
THE TECHNICAL ADVISORY COUNCIL SHALL ORDER THE PROGRAM
ESTABLISHED.
THE COUNCIL SHALL APPOINT AN
OPERATING COMMITTEE CONSISTING OF
SEVEN MEMBERS. SIX OF THE MEMBERS SHALL BE INDEPENDENT PRODUCERS. THE
COUNCIL SHALL SELECT THOSE MEMBERS FROM LISTS OF NAMES SUBMITTED BY QUALIFIED
INDEPENDENT PRODUCER ASSOCIATIONS. EACH MEMBER WHO IS AN INDEPENDENT PRODUCER
SHALL BE AT LEAST TWENTY-FIVE YEARS OLD, BE A RESIDENT OF THIS STATE, AND HAVE
AT LEAST FIVE YEARS OF ACTIVE EXPERIENCE IN THE OIL AND NATURAL GAS INDUSTRY.
THE SEVENTH MEMBER SHALL BE A MEMBER OF THE OHIO FARM BUREAU
FEDERATION. THE COUNCIL SHALL SELECT THAT MEMBER FROM A LIST SUBMITTED BY THE
FEDERATION.
OF THE INITIAL APPOINTMENTS, THE COUNCIL SHALL APPOINT TWO MEMBERS FOR
TERMS OF ONE YEAR, TWO MEMBERS FOR TERMS OF TWO YEARS, AND THREE MEMBERS FOR
TERMS OF THREE YEARS.
THEREAFTER, THE COUNCIL SHALL APPOINT
EACH MEMBER FOR A THREE-YEAR TERM UNLESS THE APPOINTEE IS TO FILL
A VACANCY, IN WHICH CASE THE APPOINTEE SHALL BE APPOINTED FOR THE UNEXPIRED
TERM. EACH SUCH SUBSEQUENT APPOINTMENT SHALL BE MADE PRIOR TO
THE EXPIRATION DATE OF THE PRECEDING OR VACANT TERM. THE COUNCIL SHALL NOT
APPOINT ANY MEMBER OF AN OPERATING COMMITTEE TO SERVE MORE THAN THREE
SUCCESSIVE FULL THREE-YEAR TERMS.
(B) EACH MEMBER OF AN OPERATING COMMITTEE
IS ENTITLED TO ACTUAL AND NECESSARY
TRAVEL AND INCIDENTAL EXPENSES WHILE ATTENDING MEETINGS OF THE
COMMITTEE OR WHILE ENGAGED IN THE PERFORMANCE OF OFFICIAL
RESPONSIBILITIES DELEGATED TO THE COMMITTEE.
(C) NO PERSON IS LIABLE IN A CIVIL ACTION FOR ANY ACTIONS TAKEN
IN GOOD FAITH AS A MEMBER OF AN OPERATING COMMITTEE.
Sec. 1510.07. THE TECHNICAL ADVISORY COUNCIL SHALL MONITOR THE ACTIONS
OF AN OPERATING COMMITTEE TO ENSURE ALL OF THE FOLLOWING:
(A) A MARKETING PROGRAM IS SELF-SUPPORTING;
(B) THE COMMITTEE KEEPS ALL RECORDS THAT ARE REQUIRED FOR
AGENCIES OF
THE STATE;
(C) ALL PROGRAM OPERATIONS ARE IN ACCORD WITH BOTH OF THE
FOLLOWING:
(1) THE PROVISIONS OF THE MARKETING PROGRAM;
(2) THIS CHAPTER AND PROCEDURES ESTABLISHED UNDER IT.
Sec. 1510.08. (A)(1) EXCEPT AS PROVIDED IN DIVISION
(A)(2) OF THIS SECTION, AN
OPERATING COMMITTEE MAY LEVY ASSESSMENTS ON THE PRODUCTION OF
OIL AND NATURAL GAS IN THIS STATE FOR THE PURPOSES OF A
MARKETING PROGRAM ESTABLISHED UNDER THIS CHAPTER.
(2) AN OPERATING COMMITTEE SHALL NOT LEVY AN ASSESSMENT
THAT WAS NOT APPROVED BY INDEPENDENT PRODUCERS OR THAT EXCEEDS
THE AMOUNT AUTHORIZED UNDER DIVISION
(B)(1) OF SECTION 1510.04 of the Revised Code. AN OPERATING COMMITTEE
SHALL NOT LEVY AN ASSESSMENT AGAINST AN INDEPENDENT PRODUCER WHO
IS NOT ELIGIBLE TO VOTE IN A REFERENDUM FOR THE MARKETING
PROGRAM THAT THE OPERATING COMMITTEE ADMINISTERS, AS DETERMINED
UNDER DIVISION (C) OF SECTION
1510.02 of the Revised Code.
(B) THE TECHNICAL ADVISORY COUNCIL
MAY REQUIRE A FIRST PURCHASER TO WITHHOLD
ASSESSMENTS FROM ANY AMOUNTS THAT THE FIRST PURCHASER OWES TO
INDEPENDENT PRODUCERS AND, NOTWITHSTANDING DIVISION
(A)(2) OF THIS SECTION, TO
REMIT THEM TO THE CHAIRPERSON OF THE COUNCIL AT THE OFFICE OF THE DIVISION OF
OIL AND GAS. A FIRST PURCHASER WHO PAYS AN
ASSESSMENT THAT IS LEVIED PURSUANT TO THIS SECTION FOR AN
INDEPENDENT PRODUCER MAY DEDUCT THE AMOUNT OF THE ASSESSMENT
FROM ANY MONEYS THAT THE FIRST PURCHASER OWES THE INDEPENDENT
PRODUCER.
(C) A MARKETING PROGRAM
SHALL REQUIRE A REFUND OF ASSESSMENTS COLLECTED UNDER THIS
SECTION AFTER RECEIVING AN
APPLICATION FOR A REFUND FROM AN INDEPENDENT PRODUCER. AN
APPLICATION FOR A REFUND SHALL BE MADE ON A FORM FURNISHED BY
THE COUNCIL. THE OPERATING COMMITTEE SHALL ENSURE THAT REFUND
FORMS ARE AVAILABLE WHERE ASSESSMENTS FOR ITS PROGRAM ARE
WITHHELD.
AN INDEPENDENT PRODUCER WHO DESIRES A REFUND SHALL SUBMIT A REQUEST FOR A
REFUND NOT LATER THAN THE THIRTY-FIRST DAY OF MARCH OF THE YEAR IN
WHICH THE REQUEST IS SUBMITTED. THE COUNCIL SHALL REFUND THE ASSESSMENT TO
THE INDEPENDENT PRODUCER NOT LATER THAN THE THIRTIETH DAY OF JUNE OF
THE YEAR IN WHICH THE REQUEST FOR THE REFUND IS SUBMITTED.
(D) AN OPERATING
COMMITTEE SHALL NOT USE MONEYS FROM ANY ASSESSMENTS THAT IT
LEVIES FOR ANY POLITICAL OR LEGISLATIVE PURPOSE OR FOR
PREFERENTIAL TREATMENT OF ONE PERSON TO THE DETRIMENT OF ANOTHER
PERSON WHO IS AFFECTED BY THE MARKETING PROGRAM THAT THE
OPERATING COMMITTEE ADMINISTERS.
Sec. 1510.09. (A) THERE IS HEREBY ESTABLISHED
A FUND FOR ANY MARKETING PROGRAM THAT IS ESTABLISHED
BY THE TECHNICAL ADVISORY COUNCIL UNDER THIS CHAPTER. THE FUND SHALL BE IN
THE CUSTODY OF THE TREASURER OF STATE, BUT SHALL NOT BE PART OF THE STATE
TREASURY. EXCEPT AS AUTHORIZED
IN DIVISION (B) OF THIS SECTION, ALL MONEYS COLLECTED
PURSUANT TO SECTION 1510.08 of the Revised Code FOR THE MARKETING PROGRAM SHALL BE PAID INTO
THE FUND FOR THE MARKETING PROGRAM AND SHALL BE DISBURSED ONLY
PURSUANT TO A VOUCHER SIGNED BY THE CHAIRPERSON OF THE COUNCIL FOR USE IN
DEFRAYING
THE COSTS OF ADMINISTRATION OF THE MARKETING PROGRAM AND FOR
CARRYING OUT SECTIONS 1510.02, 1510.03, AND 1510.11 of the Revised Code.
(B) IN LIEU OF DEPOSITS IN THE FUND ESTABLISHED UNDER DIVISION
(A) OF
THIS SECTION, THE OPERATING COMMITTEE OF A MARKETING PROGRAM ESTABLISHED
UNDER THIS CHAPTER MAY DEPOSIT ALL MONEYS COLLECTED PURSUANT TO SECTION
1510.08 of the Revised Code WITH A BANK OR A SAVINGS AND LOAN ASSOCIATION AS
DEFINED IN SECTIONS 1101.01 AND 1151.01 of the Revised Code. ALL MONEYS COLLECTED PURSUANT
TO SECTION 1510.08 of the Revised Code FOR THE MARKETING PROGRAM AND DEPOSITED PURSUANT TO
THIS DIVISION ALSO SHALL BE USED ONLY IN DEFRAYING THE COSTS OF
ADMINISTRATION OF THE MARKETING PROGRAM AND FOR CARRYING OUT SECTIONS 1510.02,
1510.03, AND 1510.11 of the Revised Code.
(C) AN OPERATING COMMITTEE SHALL
ESTABLISH A FISCAL YEAR FOR ITS MARKETING PROGRAM, SHALL PUBLISH AN ACTIVITY
AND FINANCIAL REPORT WITHIN SIXTY DAYS OF THE END OF EACH FISCAL YEAR, AND
SHALL MAKE THE REPORT AVAILABLE TO EACH INDEPENDENT PRODUCER WHO PAYS AN
ASSESSMENT OR OTHERWISE CONTRIBUTES TO THE MARKETING PROGRAM
THAT THE COMMITTEE ADMINISTERS AND TO OTHER INTERESTED PERSONS.
(D) IN ADDITION TO THE REPORT REQUIRED BY DIVISION (C)
OF THIS SECTION, AN OPERATING COMMITTEE THAT DEPOSITS MONEYS IN ACCORDANCE
WITH
DIVISION (B) OF THIS SECTION SHALL SUBMIT TO THE COUNCIL BOTH OF THE
FOLLOWING:
(1) ANNUALLY, A FINANCIAL STATEMENT PREPARED BY A CERTIFIED PUBLIC
ACCOUNTANT HOLDING VALID CERTIFICATION FROM THE OHIO BOARD OF
ACCOUNTANCY ISSUED PURSUANT TO CHAPTER 4701. of the Revised Code. THE OPERATING
COMMITTEE SHALL FILE THE FINANCIAL STATEMENT WITH THE COUNCIL NOT MORE THAN
SIXTY DAYS AFTER
THE END OF EACH FISCAL YEAR.
(2) MONTHLY, AN UNAUDITED FINANCIAL STATEMENT.
Sec. 1510.10. (A) THE TECHNICAL ADVISORY COUNCIL TEMPORARILY
MAY SUSPEND THE OPERATION OF A MARKETING PROGRAM, OR ANY
PART OF A PROGRAM, FOR ANY REASON UPON RECOMMENDATION BY THE
OPERATING COMMITTEE OF THE PROGRAM FOR A PERIOD OF NOT MORE
THAN TWELVE CONSECUTIVE MONTHS.
(B) AT LEAST ONCE IN EACH FIVE YEARS OF OPERATION, OR AT
ANY TIME UPON WRITTEN PETITION BY THE LESSER OF ONE HUNDRED OR TEN PER
CENT OF THE INDEPENDENT PRODUCERS IN THIS STATE, THE COUNCIL SHALL HOLD A
HEARING AS PRESCRIBED IN CHAPTER 119. of the Revised Code TO CONSIDER THE
CONTINUATION OF THE PROGRAM.
(C) NOT LATER THAN THIRTY DAYS AFTER THE CLOSE OF ANY HEARING TO
CONSIDER THE CONTINUATION OF A MARKETING PROGRAM, THE COUNCIL
SHALL RECOMMEND CONTINUATION OR TERMINATION OF THE PROGRAM, SHALL GIVE PUBLIC
NOTICE, AND SHALL NOTIFY EACH INDEPENDENT PRODUCER OF RECORD, ALL PARTIES
APPEARING AT THE HEARING, AND OTHER INTERESTED PARTIES OF THE RECOMMENDATION.
(D) WHEN THE COUNCIL RECOMMENDS TERMINATION OF A
MARKETING PROGRAM, WITHIN FORTY-FIVE DAYS THE COUNCIL SHALL CONDUCT A
REFERENDUM TO DETERMINE WHETHER INDEPENDENT PRODUCERS FAVOR THE PROPOSED
TERMINATION. INDEPENDENT PRODUCERS FAVOR THE TERMINATION OF THE PROGRAM IF A
MAJORITY OF THE INDEPENDENT PRODUCERS WHO VOTE IN THE REFERENDUM VOTE IN FAVOR
OF TERMINATION OF THE PROGRAM.
Sec. 1510.11. WHEN INDEPENDENT PRODUCERS FAVOR
TERMINATION OF A MARKETING PROGRAM ESTABLISHED UNDER THIS
CHAPTER, THE OPERATING COMMITTEE OF THE PROGRAM AND THE
TECHNICAL ADVISORY COUNCIL SHALL TERMINATE ALL OPERATIONS OF THE
PROGRAM. UPON TERMINATION OF THE PROGRAM, THE
COUNCIL SHALL RETURN ANY REMAINING UNOBLIGATED MONEYS TO THE INDEPENDENT
PRODUCERS WHO PAID THE ASSESSMENTS LEVIED UNDER SECTION 1510.08 of the Revised Code DURING
THE
IMMEDIATELY PRECEDING TWELVE MONTHS AND SHALL PRORATE THE MONEYS ACCORDINGLY.
Sec. 1510.12. THE TECHNICAL ADVISORY COUNCIL MAY
INSTITUTE AN ACTION AT LAW OR IN EQUITY THAT APPEARS NECESSARY
TO ENFORCE COMPLIANCE WITH THIS CHAPTER, A PROCEDURE ESTABLISHED UNDER
IT, OR A MARKETING PROGRAM ESTABLISHED UNDER IT.
Sec. 1510.13. (A) NO PERSON SHALL KNOWINGLY FAIL OR REFUSE TO
WITHHOLD OR REMIT ANY ASSESSMENT LEVIED UNDER SECTION 1510.08 of the Revised Code.
(B) BEFORE CRIMINAL PROCEEDINGS ARE INSTITUTED PURSUANT TO THIS
SECTION, THE TECHNICAL ADVISORY COUNCIL SHALL GIVE THE ALLEGED VIOLATOR AN
OPPORTUNITY TO PRESENT THE ALLEGED VIOLATOR'S VIEWS CONCERNING WHY THE
PROCEEDINGS SHOULD NOT BE INSTITUTED.
Sec. 1510.99. WHOEVER VIOLATES SECTION 1510.13 of the Revised Code IS GUILTY OF A
MISDEMEANOR OF THE FOURTH DEGREE.
Section 2. That existing section 1509.38 of the Revised Code is hereby
repealed.
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