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S. B. No. 262As IntroducedAs Introduced
124th General Assembly | Regular Session | 2001-2002 |
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SENATOR Mumper
A BILL
To amend sections 4707.05, 4707.07, 4707.072, 4707.09,
and 4707.19, to enact new section 4707.11 and
sections 4707.25 to 4707.30, and to repeal section
4707.11 of the Revised Code and to amend Section 17
of Am. Sub. H.B. 94 of the 124th General Assembly
as amended by Am. Sub. H.B. 3 of the 124th General
Assembly to create the Auction Recovery Fund, to
establish criteria and procedures for using it to
reimburse persons who obtained a court judgment
against an auctioneer who violated the Auctioneers
Law and has not paid the judgment, and to make an
appropriation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4707.05, 4707.07, 4707.072, 4707.09,
and 4707.19 be amended and new section 4707.11 and sections
4707.25, 4707.26, 4707.27, 4707.28, 4707.29, and 4707.30 of the
Revised Code be enacted to read as follows:
Sec. 4707.05.
All
Except as otherwise provided in section
4707.25 of the Revised Code, all fees and charges collected by the
department of
agriculture pursuant to this chapter shall
be paid
into the
state treasury
to the credit of the auctioneers
fund,
which is hereby
created. All expenses incurred by the
department
in
administering this
chapter shall be paid out of the
fund. The
total expenses incurred by
the department in the
administration of
this chapter shall not exceed the
total
fees,
charges, fines, and
penalties imposed under sections 4707.08,
4707.10, and 4707.99 of
the Revised Code and paid to the
treasurer
of state. The
department may conduct education
programs for the
enlightenment
and benefit of all auctioneers who
have paid fees
pursuant to
sections 4707.08 and 4707.10 of the
Revised Code. Out of the moneys credited pursuant to this section, the fund
shall
be assessed a proportionate share of the administrative
costs of
the department in accordance with procedures prescribed
by the
director of
agriculture and approved by the
director of
budget and
management. The assessment shall be paid
from the
auctioneers fund to
the division of administration fund.
At the end of each fiscal year, if the balance of the fund is
greater than three hundred thousand dollars, the director of
agriculture shall request the director of budget and management
to, and the director of budget and management shall, transfer
twenty-five per cent of the balance to the auction recovery fund
created in section 4707.25 of the Revised Code.
Sec. 4707.07. (A) The department of
agriculture
may grant
auctioneers' licenses to those persons deemed qualified
by the
department. Each person who applies for an auctioneer's
license
shall furnish to the department, on forms provided by the
department, satisfactory proof that the applicant: (1) Has a good reputation; (2) Is of trustworthy character; (3) Has attained the age of at least eighteen years; (4) Has done one of the following: (a) Met the apprenticeship requirements set forth in
section
4707.09 of the Revised Code; (b) Met the requirements of section 4707.12 of the Revised
Code. (5) Has a general knowledge of the following: (a) The requirements of the Revised Code relative to
auctioneers; (b) The auction profession; (c) The principles involved in conducting an auction.
(6) Has satisfied the financial responsibility requirements
established under section 4707.11 of the Revised Code. (B) Auctioneers who served apprenticeships and who hold
licenses issued before May 1, 1991, and who seek renewal of their
licenses, are not subject to the additional apprenticeship
requirements imposed by section 4707.08 of the Revised Code. (C) The department may issue an auctioneer's license to a
partnership, association, or corporation if all the partners,
members, or officers thereof who are authorized to perform the
functions of an auctioneer as agents of the applicant are
themselves licensed as auctioneers under this chapter. An application for an auctioneer's license filed by a
partnership or association shall contain a listing of the names
of
all of the licensed partners, members, or other persons who
are
authorized to perform the functions of an auctioneer as
agents of
the applicant. An application filed by a corporation
shall
contain the names of its president and of each of its
licensed
officers and any other person who is authorized to
perform the
functions of an auctioneer as an agent of the
applicant. (D) A licensee may do business under more than one
registered name if the names have been approved by the
department.
The department may reject the application of any
person seeking
licensure under this chapter if the name or names
to be used by
the applicant are likely to mislead the public, or
if the name or
names do not distinguish the applicant from the
name or names of
any existing person licensed under this chapter.
If an applicant
applies to the department to do business under
more than two
names, the department may charge a fee of ten
dollars for the
third name and each additional name.
Sec. 4707.072. The department of
agriculture may
grant
one-auction licenses to any nonresident person deemed
qualified
by
the department. Any person who applies for a
one-auction
license
shall attest, on forms provided by the
department, and
furnish to
the department, satisfactory proof that
the license
applicant or
any auctioneer affiliated with the
applicant meets
the following
requirements: (A) Has a good reputation; (B) Is of trustworthy character; (C) Has attained the age of at least eighteen years; (D) Has a general knowledge of the requirements of the
Revised Code relative to auctioneers, the auction profession, and
the principles involved in conducting an auction; (E) Has two years of professional auctioneering experience
immediately preceding the date of application and the experience
includes the personal conduct by the applicant of at least twelve
auction sales in any state, or has met the requirements of
section
4707.12 of the Revised Code; (F) Has paid a fee of one hundred dollars, which shall be
credited to the auctioneers fund; (G) Has provided proof of
the bond
financial responsibility
as required under section
4707.11 of the Revised Code.
Sec. 4707.09. The department of
agriculture may
grant
apprentice auctioneers' licenses to those persons deemed
qualified
by the department. Every applicant for an apprentice
auctioneer's
license
must
shall pass an examination relating to the
skills,
knowledge, and statutes and
regulations
rules governing
auctioneers.
Every applicant for an apprentice auctioneer's
license shall
furnish to the department, on forms provided by the
department,
satisfactory proof that the applicant: (A) Has a good reputation; (B) Is of trustworthy character; (C) Has attained the age of at least eighteen years; (D) Has obtained a written promise of a licensed
auctioneer
to sponsor the applicant during
the applicant's
apprenticeship; (E) Has satisfied the financial responsibility requirements
established under section 4707.11 of the Revised Code. Before an apprentice may take the auctioneer's license
examination,
the apprentice shall serve an apprenticeship of
at
least twelve
months, successfully complete a course of study in
auctioneering
at an institution that is approved every three years
by the state
auctioneers commission, and conduct, as a bid caller,
at least
twelve auction sales under the direct supervision of the
sponsoring licensed auctioneer, which sales shall be certified by
the licensed auctioneer on the apprentice's application for an
auctioneer's license. If an auctioneer intends to terminate
sponsorship of an
apprentice auctioneer, the sponsoring auctioneer shall notify the
apprentice auctioneer of
the sponsoring auctioneer's
intention
by
certified mail, return
receipt requested, at least ten days
prior
to the effective date
of termination and, at the same time,
shall
deliver or mail by
certified mail to the department of
agriculture a copy of the
termination notice and the
license of
the apprentice auctioneer.
No apprentice auctioneer
shall perform
any acts under authority
of
the apprentice's
license after the
effective date of the
termination until
the
apprentice receives a
new license bearing the name and
address of
the apprentice's new
sponsor. No more than one license shall
be issued to any
apprentice auctioneer for the same period of
time. No licensed auctioneer shall have under
the licensed
auctioneer's sponsorship
more than two apprentice auctioneers at
one time. An apprentice auctioneer may terminate
the apprentice's
sponsorship with
an auctioneer by notifying the auctioneer of
the
apprentice's intention by
certified mail, return receipt
requested, at least ten days prior
to the effective date of
termination. At the same time,
the
apprentice shall
deliver or
mail by certified mail to the department of
agriculture a
copy of
the termination notice. Upon receiving the termination
notice,
the sponsoring auctioneer shall promptly deliver or mail
by
certified mail to the department the license of the apprentice
auctioneer. The termination of a sponsorship, regardless of who
initiates
the termination, shall not be cause for an apprentice
auctioneer
to lose credit for any certified sales
the
apprentice conducted
or
apprenticeship time
the apprentice served under the direct
supervision of the
former sponsor.
Sec. 4707.11. Each application for a license issued under
this chapter shall be accompanied by proof of financial
responsibility in the form of an irrevocable letter of credit in
the amount of fifty thousand dollars. If an applicant is unable
to provide the irrevocable letter of credit, the applicant instead
may give either a cash bond or a surety bond in the amount of
twenty-five thousand dollars. If the applicant gives a surety
bond, the bond shall be executed by a surety company authorized to
do business in this state. A bond shall be made to the department of agriculture and
shall be conditioned that the applicant shall comply with this
chapter and rules adopted under it, including refraining from
conduct described in section 4707.15 of the Revised Code. All
bonds shall be on a form approved by the director of agriculture. A licensee shall maintain proof of financial responsibility
for three years following the date of licensure. After the three-year period, a licensee who has not engaged
in conduct described in section 4707.15 of the Revised Code and
has not otherwise violated this chapter or rules adopted under it
during that period shall no longer be required to maintain proof
of financial responsibility except as otherwise provided in this
section.
A licensee whose license expires without being renewed under
section 4707.10 of the Revised Code or is suspended under section
4707.30 of the Revised Code shall give proof of financial
responsibility in accordance with this section in order to obtain
reinstatement or reactivation of the license.
Sec. 4707.19. The
department
director of
agriculture may
make
adopt reasonable rules necessary
for the implementation of
the
provisions of this chapter
pursuant to
in accordance with
Chapter
119. of the Revised
Code.
In addition, the director shall
adopt rules in accordance with Chapter 119. of the Revised Code
that establish the portion of license fees collected under this
chapter that are to be deposited into the auction recovery fund
under section 4707.25 of the Revised Code. The department
of
agriculture may hear testimony in matters
relating to
the duties
imposed on it, and any person authorized by the
director
of
agriculture may administer oaths. The
department may
require
other proof of
the honesty, truthfulness,
and good
reputation of
any person named in the
application for an
auctioneer's,
apprentice auctioneer's, or special
auctioneer's
license before
admitting the applicant to an examination or
issuing a license.
Sec. 4707.25. (A) The auction recovery fund is hereby
created in the state treasury. The fund shall be administered by
the director of agriculture. The treasurer of state shall credit
all of the following to the fund: any moneys transferred to it
from the auctioneers fund created under section 4707.05 of the
Revised Code; except as otherwise provided in this section, a
portion, in an amount specified in rules adopted under section
4707.19 of the Revised Code, of license fees collected under this
chapter; any assessments levied under this section; repayments
made to the auction recovery fund under section 4707.30 of the
Revised Code by persons licensed under this chapter; and interest
earned on the assets of the fund. Moneys credited to the fund shall be used to make payments to
persons who obtain a final judgment in a court of competent
jurisdiction against a person licensed under this chapter on the
grounds of conduct by the licensee that is described in section
4707.15 of the Revised Code or that otherwise violates this
chapter or rules adopted under it and that is associated with an
act or transaction that only a licensee lawfully may perform. The
amount of the payments shall be limited to any portion of the
final judgment that remains unpaid and that represents not more
than eighty per cent of the actual and direct loss sustained by
the person who obtained the judgment. The amount of the payments
also is subject to the dollar limitations established in section
4707.29 of the Revised Code. (B) The director shall ascertain the balance of the fund on
the first day of July each year. If the balance of the fund is greater than two million dollars, the director
may utilize, during the fiscal year beginning on that first day of
July, the portion of the fund that is greater than two
million dollars to sponsor educational programs or to underwrite
research that is beneficial to persons licensed under this chapter
and to the public. If the balance of the fund is at least four
million dollars, the portion of license fees collected under this
chapter that otherwise would be credited to the fund under this
section shall be credited to the auctioneers fund during the
fiscal year beginning on that first day of July. If the balance of the fund is less than four hundred thousand
dollars, the director shall levy an assessment against each person
who holds a valid license issued under this chapter. The amount
of the assessment shall be determined by subtracting the balance
of the fund from five hundred thousand dollars and dividing the
resulting total by the number of persons recorded under section
4707.06 of the Revised Code as holding a valid license issued
under this chapter. All assessments that are collected shall be
credited to the fund. (C) The director shall collect from the fund a service fee
in an amount equal to the interest rate specified in division (A)
of section 1343.03 of the Revised Code multiplied by the annual
interest earned on the assets of the fund to defray the expenses
incurred by the department of agriculture in the administration of
the fund.
Sec. 4707.26. A person who obtains a final judgment in a
court of competent jurisdiction against a person licensed under
this chapter, on the grounds of conduct by the licensee that is
described in section 4707.15 of the Revised Code or that otherwise
violates this chapter or rules adopted under it and that is
associated with an act or transaction that only a licensee
lawfully may perform, may file a verified application in a court
of common pleas for an order directing payment from the auction
recovery fund. The application may seek payment in an amount that
is equal to the portion of the judgment that remains unpaid and
that represents not more than eighty per cent of the actual and
direct loss sustained by the applicant. The application shall specify the nature of the act or
transaction on which the underlying judgment was based, the
activities of the applicant in pursuit of remedies available under
the law for the collection of judgments, and the actual and direct
losses sustained by the applicant. The applicant shall attach to
the application a copy of each pleading and order in the
underlying court action. In addition, the application shall
include proof of the applicant's actual and direct loss in the
form of a receipt received from the licensee on the day of the
sale or consignment on which the underlying judgment was based.
The receipt shall state the item that was sold or consigned, the
price of the item, the estimated value of the item, and the names
of the consignee and purchaser of the item. Whenever possible, the court shall require all applicants and
prospective applicants whose claims to the fund arose from an
underlying judgment against the same licensee to be joined in one
action under this section so that the rights of all applicants may
be equitably adjudicated and settled.
Sec. 4707.27. A person who applies to a court of common pleas
for an order directing payment from the auction recovery fund
shall file notice of the application with the director of
agriculture. The director may defend any such action on behalf of
the fund and shall have recourse to all appropriate means of
defense and review, including examination of witnesses,
verification of actual and direct losses, and challenges to the
underlying judgment obtained from a court of competent
jurisdiction to determine whether the underlying judgment is based
on activity that only a person holding a valid license issued
under this chapter is authorized to perform. The director may
move the court of common pleas at any time to dismiss the
application when it appears that there are no triable issues and
the application is without merit, provided that the director shall
give written notice to the applicant not fewer than ten days
before the motion is made. The motion may be supported by
affidavit of any person having knowledge of the facts and may be
made on the basis that the application, including the underlying
judgment referred to in it, does not form the basis for a
meritorious recovery claim. Subject to court approval, the
director may compromise a claim based on the application of the
aggrieved party. The director shall not be bound by any prior
compromise or stipulation of the licensee who is the judgment
debtor. If a final judgment that could be the basis for an
application filed under section 4707.26 of the Revised Code
involves a violation of Chapter 4735. of the Revised Code, the
person who obtained the judgment shall file notice with the
superintendent of real estate and apply for an order directing
payment from the real estate recovery fund in accordance with
section 4735.12 of the Revised Code. Before the person files an
application under this section, the person first shall exhaust all
remedies involving the real estate recovery fund that are
available under that section. The total aggregate amount that is
paid to the person from both the real estate recovery fund and the
auction recovery fund shall not exceed the portion of the judgment
that remains unpaid and that represents the actual and direct loss
sustained by the person and is subject to the dollar limitations
established in section 4707.29 of the Revised Code.
Sec. 4707.28. (A) After receipt of an application that is
filed under section 4707.26 of the Revised Code and that satisfies
the requirements established under that section, a court of common
pleas shall issue an order directing the director of agriculture
to make payment from the auction recovery fund to an applicant who
satisfies the criteria established under this section. The
payment shall consist of an amount that is equal to the portion of
the final judgment that was obtained by the applicant against a
person licensed under this chapter and that remains unpaid, not to
exceed eighty per cent of the actual and direct loss sustained by
the applicant. The amount of the payment also is subject to the
dollar limitations established in section 4707.29 of the Revised
Code. The court shall issue an order directing payment to the
applicant from the fund when the applicant has shown all of the
following: (1) The applicant has obtained a judgment in a court of
competent jurisdiction against a person licensed under this
chapter on the grounds of conduct that is described in section
4707.15 of the Revised Code or that otherwise violates this
chapter or rules adopted under it and that is associated with an
act or transaction that only a licensee lawfully may perform. (2) All appeals from the judgment have been exhausted, and
the applicant has filed notice with the director in accordance
with section 4707.27 of the Revised Code and has otherwise
complied with that section. (3) The applicant is not either the spouse of the licensee
who is the judgment debtor or the personal representative of the
spouse. (4) The applicant has diligently pursued the applicant's
remedies against all judgment debtors and all other persons who
are liable to the applicant in the underlying auction transaction
for which the applicant seeks recovery from the fund. (5) The applicant filed the application not later than six
months following the termination of all proceedings, including
appeals, in connection with the judgment. (6) If the judgment debtor gave bond in accordance with
section 4707.11 of the Revised Code, the applicant first
unsuccessfully sought recovery under the bond before applying for
payment from the fund. (B) All of the following are prohibited from receiving
payment from the auction recovery fund: (1) A bonding company that was not a party in the underlying
auction transaction; (2) A person holding a valid license issued under either
this chapter or Chapter 4735. of the Revised Code; (3) A person who, under division (B)(5) of section 4735.12
of the Revised Code, would be ineligible to receive payment from
the real estate recovery fund; (4) A person who obtained a final judgment that arose from
an act or transaction that only a licensed real estate broker or
real estate salesperson is authorized to perform under Chapter
4735. of the Revised Code and that did not involve a violation of
this chapter or rules adopted under it. (C) Punitive damages, attorney's fees, court costs, and
interest on a judgment are not recoverable from the auction
recovery fund.
Sec. 4707.29. The liability of the auction recovery fund
shall not exceed fifty thousand dollars for losses involving
violations committed by any one licensee, except that with respect
to any one licensee who provides a bond in order to maintain proof
of financial responsibility under section 4707.11 of the Revised
Code, the liability of the fund shall not exceed twenty-five
thousand dollars for losses involving violations committed by the
licensee. If a licensee's license is reactivated as provided in
section 4707.30 of the Revised Code, the liability of the fund for
the licensee shall again be fifty thousand dollars, or twenty-five
thousand dollars if applicable, but only for transactions that
occur subsequent to the time of reactivation. If fifty thousand dollars, or twenty-five thousand dollars if
applicable, are insufficient to pay the valid claims of all
persons who have applied for payment from the fund with respect to
losses involving violations committed by the same licensee, the
money shall be distributed among the persons in the ratio that
their respective claims bear to the aggregate of valid claims or
in another manner that the court determines to be equitable.
Distribution of the money shall be among the persons entitled to
share in it without regard to the order of priority in which
their respective judgments may have been decided or their
applications for payment from the fund may have been filed.
Sec. 4707.30. (A) As used in this section: (1) "Aggrieved party" means a person who obtains a final
judgment in a court of competent jurisdiction against a person
licensed under this chapter on the grounds of conduct by the
licensee that is described in section 4707.15 of the Revised Code
or that otherwise violates this chapter or rules adopted under it
and that is associated with an act or transaction that only a
licensee lawfully may perform. (2) "Judgment debtor licensee" means a person licensed under
this chapter against whom an aggrieved party obtains a final
judgment in a court of competent jurisdiction and whose failure to
pay all or a portion of the judgment results in a payment to the
aggrieved party from the auction recovery fund. (B) If the director of agriculture makes a payment from the
auction recovery fund to an aggrieved party and the license of the
judgment debtor licensee has not been suspended or revoked under
section 4707.15 of the Revised Code, the license automatically is
suspended on the date on which the payment is made. The director
shall not reactivate the suspended license until the judgment
debtor licensee has repaid in full, plus interest per annum at the
rate specified in division (A) of section 1343.01 of the Revised
Code, the amount paid from the fund to the aggrieved party. A
discharge in bankruptcy does not relieve a judgment debtor
licensee from the suspension provisions and requirements for
reactivation of a license that are established in this section. When, upon the order of a court of common pleas, the director
has paid from the fund any sum to an aggrieved party, the director
shall be subrogated to all of the rights of the aggrieved party to
the extent of the amount of the payment that the aggrieved party
received from the fund. The aggrieved party shall assign all of
the aggrieved party's right, title, and interest in the judgment
to the director to the extent of the amount of the payment. The
director shall deposit into the fund any amount and interest
recovered by the director on the judgment. With respect to the amount of a payment that the director has
paid to an aggrieved party from the fund and has not recovered,
the director shall have a priority lien in front of all other
interested creditors against the assets of a judgment debtor
licensee who files bankruptcy. The lien shall be deemed to have
taken effect on the date that the judgment debtor licensee entered
into a contract in accordance with section 4707.20 of the Revised
Code with respect to the auction transaction on which the
underlying judgment was based. Disciplinary action taken under this section against a
judgment debtor licensee and the recovery of moneys from a
judgment debtor licensee for deposit into the fund shall not
excuse the judgment debtor licensee from any other disciplinary
action to which the judgment debtor licensee may be subject under
this chapter or any other provision of the Revised Code or rules
adopted under it.
Section 2. That existing sections 4707.05, 4707.07, 4707.072,
4707.09, and 4707.19 and section 4707.11 of the Revised Code are
hereby repealed.
Section 3. That Section 17 of Am. Sub. H.B. 94 of the 124th
General Assembly, as amended by Am. Sub. H.B. 3 of the 124th
General Assembly, be amended to read as follows:
Sec. 17. AGR DEPARTMENT OF AGRICULTURE
GRF |
700-321 |
|
Operating Expenses |
|
$ |
3,160,884 |
|
$ |
3,334,073 |
GRF |
700-401 |
|
Animal Disease Control |
|
$ |
4,340,887 |
|
$ |
4,385,108 |
GRF |
700-402 |
|
Amusement Ride Safety |
|
$ |
226,451 |
|
$ |
230,769 |
GRF |
700-403 |
|
Dairy Division |
|
$ |
1,569,097 |
|
$ |
1,707,877 |
GRF |
700-404 |
|
Ohio Proud |
|
$ |
222,856 |
|
$ |
228,266 |
GRF |
700-405 |
|
Animal Damage Control |
|
$ |
86,780 |
|
$ |
84,358 |
GRF |
700-406 |
|
Consumer Analytical Lab |
|
$ |
889,058 |
|
$ |
900,001 |
GRF |
700-407 |
|
Food Safety |
|
$ |
1,422,998 |
|
$ |
1,377,956 |
GRF |
700-409 |
|
Farmland Preservation |
|
$ |
150,000 |
|
$ |
320,000 |
GRF |
700-410 |
|
Plant Industry |
|
$ |
1,517,969 |
|
$ |
1,561,620 |
GRF |
700-411 |
|
International Trade and Market Development |
|
$ |
789,620 |
|
$ |
598,062 |
GRF |
700-412 |
|
Weights and Measures |
|
$ |
991,136 |
|
$ |
996,634 |
GRF |
700-413 |
|
Gypsy Moth Prevention |
|
$ |
633,214 |
|
$ |
634,279 |
GRF |
700-414 |
|
Concentrated Animal Feeding Facilities Advisory Committee |
|
$ |
23,275 |
|
$ |
22,663 |
GRF |
700-415 |
|
Poultry Inspection |
|
$ |
322,256 |
|
$ |
320,960 |
GRF |
700-418 |
|
Livestock Regulation Program |
|
$ |
1,357,487 |
|
$ |
1,563,898 |
GRF |
700-424 |
|
Livestock Testing and Inspections |
|
$ |
229,996 |
|
$ |
228,438 |
GRF |
700-499 |
|
Meat Inspection Program - State Share |
|
$ |
4,654,566 |
|
$ |
4,977,168 |
GRF |
700-501 |
|
County Agricultural Societies |
|
$ |
466,842 |
|
$ |
466,842 |
GRF |
700-503 |
|
Swine and Cattle Breeder Awards |
|
$ |
113,160 |
|
$ |
107,076 |
TOTAL GRF General Revenue Fund |
|
$ |
23,168,532 |
|
$ |
24,046,048 |
Federal Special Revenue Fund Group
3J4 |
700-607 |
|
Indirect Cost |
|
$ |
1,380,026 |
|
$ |
1,314,020 |
3R2 |
700-614 |
|
Federal Plant Industry |
|
$ |
1,607,887 |
|
$ |
1,682,330 |
326 |
700-618 |
|
Meat Inspection Service - Federal Share |
|
$ |
4,401,707 |
|
$ |
4,959,973 |
336 |
700-617 |
|
Ohio Farm Loan Revolving Fund |
|
$ |
181,774 |
|
$ |
181,774 |
382 |
700-601 |
|
Cooperative Contracts |
|
$ |
1,027,692 |
|
$ |
1,091,347 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
8,599,086 |
|
$ |
9,229,444 |
State Special Revenue Fund Group
4C9 |
700-605 |
|
Feed, Fertilizer, and Lime Inspection |
|
$ |
909,033 |
|
$ |
975,244 |
4D2 |
700-609 |
|
Auction Education |
|
$ |
30,476 |
|
$ |
30,476 |
4E4 |
700-606 |
|
Utility Radiological Safety |
|
$ |
69,016 |
|
$ |
73,059 |
4P7 |
700-610 |
|
Food Safety Inspection |
|
$ |
559,611 |
|
$ |
575,797 |
4R0 |
700-636 |
|
Ohio Proud Marketing |
|
$ |
125,297 |
|
$ |
133,614 |
4R2 |
700-637 |
|
Dairy Inspection Fund |
|
$ |
1,183,358 |
|
$ |
1,174,591 |
4T6 |
700-611 |
|
Poultry and Meat Inspection |
|
$ |
47,294 |
|
$ |
47,294 |
4T7 |
700-613 |
|
International Trade and Market Development Rotary |
|
$ |
161,991 |
|
$ |
166,356 |
4V5 |
700-615 |
|
Animal Industry Lab Fees |
|
$ |
626,633 |
|
$ |
633,097 |
493 |
700-603 |
|
Fruits and Vegetables Inspection Fees |
|
$ |
212,764 |
|
$ |
171,772 |
494 |
700-612 |
|
Agricultural Commodity Marketing Program |
|
$ |
166,536 |
|
$ |
169,867 |
496 |
700-626 |
|
Ohio Grape Industries |
|
$ |
1,048,667 |
|
$ |
1,071,099 |
497 |
700-627 |
|
Commodity Handlers Regulatory Program |
|
$ |
566,862 |
|
$ |
648,616 |
5B8 |
700-628 |
|
Auctioneers |
|
$ |
286,769 |
|
$ |
365,390 |
5H2 |
700-608 |
|
Metrology Lab |
|
$ |
74,674 |
|
$ |
138,624 |
5L8 |
700-604 |
|
Livestock Management Program |
|
$ |
250,000 |
|
$ |
250,000 |
5U1 |
700-624 |
|
Auction Recovery Fund |
|
$ |
500,000 |
|
$ |
0 |
578 |
700-620 |
|
Ride Inspection Fees |
|
$ |
634,099 |
|
$ |
650,774 |
579 |
700-630 |
|
Scale Certification |
|
$ |
230,047 |
|
$ |
230,047 |
652 |
700-634 |
|
Laboratory Services |
|
$ |
1,179,560 |
|
$ |
1,144,766 |
669 |
700-635 |
|
Pesticide Program |
|
$ |
2,108,049 |
|
$ |
2,181,491 |
TOTAL SSR State Special Revenue |
|
|
|
|
|
|
Fund Group |
|
$ |
10,470,236 |
|
$ |
10,831,974 |
|
|
|
10,970,236 |
|
|
|
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
42,238,354 |
|
$ |
44,107,466 |
|
|
|
42,738,354 |
|
|
|
The funds in appropriation item 700-401, Animal Disease
Control, may be used for the detection, prevention, and emergency
management of, and the education of the public regarding, Foot and
Mouth disease, Mad Cow disease, and West Nile virus. REIMBURSEMENT TO THE GENERAL REVENUE FUND (A) On or before June 30, 2003, the Director of
Budget and
Management shall determine the following: (1) The total amount disbursed from the foregoing
appropriation
item, 700-409, Farmland Preservation, in the
2002-2003 biennium; and (2) The amount of interest earnings that have been
credited to the
Clean Ohio Conservation Fund (Fund 056) that are
in excess of what is needed
for other purposes. (B) If the Director determines under division (A)(2) of
this section
that there are excess interest earnings, the Director
shall, on or before June 30,
2003, transfer them in an amount not
to exceed $60,000 less than the amount
of disbursements determined
under division (A)(1) of this section from the
Clean Ohio
Conservation Fund to the General Revenue Fund.
On October 1, 2001, the Auction Education Fund (Fund 4D2) and
the Auction Licensing Fund (Fund 5B8) shall be transferred from
the Department of Commerce to the Department of Agriculture. At
the request of the Director of Commerce, the Director of Budget
and Management may cancel encumbrances in these funds from the
Department of Commerce's appropriation item 800-605, Auctioneer
Education, and appropriation item 800-628, Auctioneers, and
reestablish such encumbrances or parts of encumbrances in fiscal
year 2002 for the same purpose and to the same vendor in the
Department of Agriculture's appropriation item 700-609, Auction
Education, and appropriation item 700-628, Auctioneers. The
Director of Budget and Management shall reduce the appropriation
balances in fiscal year 2001 by the amount of the encumbrances
canceled in the funds. As determined by the Director of Budget
and Management, the appropriation authority necessary to
reestablish such encumbrances or parts of encumbrances in fiscal
year 2002 for the Department of Agriculture is hereby
appropriated. On July 1, 2001, or as soon thereafter as possible, the
Director of Budget and Management shall transfer the cash balance
in the License Fees (Fund 4V0) to the Dairy Inspection Fund (Fund
4R2). The director shall cancel any existing encumbrances against
appropriation item 700-602, License Fees (Fund 4V0), and
reestablish them against appropriation item 700-637, Dairy
Inspection (Fund 4R2). The amounts of the reestablished
encumbrances are appropriated.
Section 4. That existing Section 17 of Am. Sub. H.B. 94 of
the 124th General Assembly, as amended by Am. Sub. H.B. 3 of the
124th General Assembly, is hereby repealed.
Section 5. As soon as possible prior to June 30, 2002, the
Director of Budget and Management shall make a one-time cash
transfer of $500,000 from Fund 5B8, Auctioneers, to Fund 5U1,
Auction Recovery Fund. The Auction Recovery Fund is to
be administered by the Department of Agriculture under sections
4707.25 to 4707.30 of the Revised Code as enacted by this act.
Section 6. Sections 3 to 6 of this act are not subject to the
referendum. Therefore, under the Ohio Constitution, Article II,
Section 1d and section 1.471 of the Revised Code, Sections 3 to 6
of this act go into immediate effect when this act becomes law.
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