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(124th General Assembly)
(Amended House Bill Number 455)
AN ACT
To amend sections 901.04, 924.07, 924.09, and 924.12
of the
Revised Code to revise certain provisions of
the
law governing agricultural commodity marketing
programs and to authorize the Director of
Agriculture to award grants for the purpose of
promoting agriculture.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 901.04, 924.07, 924.09, and 924.12
of the
Revised Code be amended to read as follows:
Sec. 901.04. (A) The department of agriculture may
solicit
or accept
from any public or private source
and shall deposit in
the state treasury to the credit of the agro
Ohio fund any grant,
gift, devise, or bequest of money made to or
for the use of the
department
in fulfilling its statutory duties or for promoting any
part of the
public welfare that is under the supervision and
control of the
department. The department
of agriculture may also
accept and
hold on behalf of
Ohio
this state any grant, gift,
devise, or bequest of
other property made to or for the use of the
department or for
promoting any part of the public welfare that is
under the
supervision and control of the department. The
department may
contract for and carry out the terms and conditions
of any
devise, grant, gift, or donation that may be so made. (B) There is hereby created in the state treasury the agro
Ohio fund, to which shall be credited all sums received under
division (A) of this section and divisions (A)(2) and (C) of
section 2105.09 of the Revised Code. All money received under
divisions (A)(2) and (C) of section 2105.09 of the Revised Code
shall be used for the benefit of agriculture.
(C) The director may use all or any portion of the moneys in
the agro Ohio fund to award grants for the purpose of promoting
agriculture in this state. With respect to such grants that
consist of moneys other than federal moneys, the
director shall
adopt rules in accordance with
Chapter 119. of the
Revised Code
establishing all of the
following:
(1) Specific purposes for which grants may be awarded;
(2) Procedures for soliciting grant applications, applying
for grants, awarding grants, and otherwise administering grants;
(3) Eligibility criteria for receiving grants that must be
satisfied by applicants for the grants; (4) Any other procedures and requirements that are necessary
to administer a grant program. (D) Federal moneys deposited into the agro Ohio fund shall
be used in accordance with any terms that federal law prescribes
for their use.
Sec. 924.07. (A) When the producers of an agricultural
commodity who vote in a referendum favor a proposed marketing
program, the director of agriculture shall order the program
established and, if the marketing program does not provide for
the
election of an operating committee, appoint an operating
committee
consisting of
an odd number of producers of
said
the
commodity to
administer the program. Each operating committee
shall consist of
not less than
five
three nor more than fifteen
members
producers. (B) Of the members first appointed to an operating
committee, the director shall appoint approximately one-third for
one-year terms, approximately one-third for two-year terms, and
the remainder for three-year terms. Thereafter,
he
the director
shall appoint
each member for a three-year term unless the
appointee is to fill
a vacancy in which case
he
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. (C) The director shall not appoint any member of an
operating committee to serve more than three successive full
three-year terms. (D) The director shall appoint members of each operating
committee from a list of candidates recommended by the producers
of the agricultural commodity for which the marketing program is
established. Insofar as possible the members shall be equitably
distributed by geographic and production areas. Any list of
candidates recommended to the director by producers shall include
not less than twice as many candidates as the number of members
which are to be appointed, but in no case shall a list include
fewer than three names. (E) The director, or
his
the director's designee, is an ex
officio member
of each operating committee, with the right to
vote. (F) Each member of an operating committee, except the
director or
his
the director's designee, 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. No member of such a
committee shall receive in excess of thirty dollars per day, in
addition to such travel and incidental expenses, or for more than
twenty-four days per year for duties performed as a member of
such
the committee. (G) No person is civilly liable for any actions taken in
good faith as a member of an operating committee.
Sec. 924.09. (A) Each operating committee may make
assessments upon the marketable agricultural commodity for which
the marketing program was established. (B) No operating committee shall levy any assessment: (1)
Which
That was not approved by the producers affected by
the program; (2)
Which
That exceeds two cents per bushel of corn,
soybeans,
or wheat, or two per cent of the average market price of
any
other agricultural commodity during the preceding marketing
year
as defined for the commodity by the United States department
of
agriculture or, if there is no such definition, by the
director; (3) Against any producer who is not eligible to vote in a
referendum for the marketing program
which
that the operating
committee administers. (C) The director of agriculture may require a producer,
processor, distributor, or handler of an agricultural commodity
for which a marketing program has been established under sections
924.01 to 924.16 of the Revised Code to withhold assessments from
any amounts that
he
the producer, processor, distributor, or
handler owes to producers of the commodity and,
notwithstanding
division (B)(3) of this section, to remit them to
the director.
Any processor, distributor, or handler who pays
for any producer
any assessment
which
that is levied under authority
of this
section, may deduct the amount of
such
the assessment from
any
moneys
which he
that the processor, distributor, or handler owes
to the producer. (D) No operating committee shall use any assessments
which
that
it levies for any political or legislative purpose, or for
preferential treatment of one person to the detriment of any
other
person affected by the marketing program. (E)
Each
The operating committee of each marketing program
shall
require a refund
of
to a producer the
assessments
collected
by its operating committee under this
section
that it collects
from the producer not later than
thirty
sixty days after receipt
of
an
a valid
application by
a
the
producer for a refund, provided
that the producer complies with
the procedures for a refund that
were included in the program
under division (B)(3) of section
924.04 of the Revised Code.
In the case of the state beef marketing program, in lieu of
giving a refund to a producer, the director of the program's
operating committee may forward the refund to the cattlemen's
beef
promotion and research board pursuant to the "Beef Promotion
and
Research Act," 99 Stat. 1597 (1985), 7 U.S.C.A. 2901, and
amendments thereto, and shall credit that amount to the total
amount owed by the producer to the federal beef program. Each
application for a refund of assessments levied for a program
established after April 10, 1985 shall be made on a form provided
by the director of agriculture. Each operating committee for
such
a program shall ensure that refund forms are available where
assessments for its program are withheld.
Sec. 924.12. (A) The director of agriculture may
temporarily suspend the operation of a marketing program, or any
part thereof, for any reason, upon recommendation by the
operating
committee for 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 twenty per cent
or one
thousand of the producers affected by a marketing program,
the director shall
hold a hearing as prescribed in Chapter 119.
give public notice by analogy to division (A) of and conduct a hearing under division (C) of section 119.03 of the
Revised Code to consider the continuation of the program.
The director shall file a copy of the public notice with the director of the legislative service commission for purposes of publishing the public notice in the register of Ohio. (C) Within thirty days after the close of any hearing to
consider the continuation of a marketing program, the director
of agriculture
shall recommend continuation or termination of the program, and
shall give public notice, and notify each producer of record, all
parties appearing at the hearing, and other interested parties,
of
his
the recommendation
by publication in the register of Ohio. The director also shall
provide notice of the recommendation to any person who, in
writing, has requested notification and may give whatever other notice the director reasonably considers necessary to ensure that notice is constructively given to all persons who are affected by the program. (D)
When the director recommends termination of a
marketing
program established before April 10, 1985, he shall,
within
forty-five days, conduct a referendum to determine whether
the
affected producers favor the proposed termination. The
affected
producers favor the termination of the program if
fifty-one per
cent or more, by number, of the producers who vote
in the
referendum, vote in favor of termination of the program
and
represent fifty-one per cent or more of the volume of the
affected
agricultural commodity which was produced in the
preceding
marketing year by all producers who voted in the
referendum. (E) When the director recommends termination of a
marketing
program
established on or after April 10, 1985,
he
the director
shall, within forty-five days, conduct a referendum to determine
whether the affected producers favor the proposed termination.
The
affected producers favor the termination of the program if a
majority of the producers who vote in the referendum vote in
favor
of termination of the program.
SECTION 2. That existing sections 901.04, 924.07, 924.09, and
924.12
of the Revised Code are hereby repealed.
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