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Sub. H. B. No. 414 As Reported by the House Agriculture and Natural Resources CommitteeAs Reported by the House Agriculture and Natural Resources Committee
128th General Assembly | Regular Session | 2009-2010 |
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Representatives Sayre, Bolon
Cosponsors:
Representatives Boose, Hite, Ruhl, Derickson, Pryor, Weddington, Domenick, Zehringer, Wagner
A BILL
To amend section 102.02 and to enact sections 904.01
to 904.08 of the Revised Code to establish
requirements and responsibilities of the Ohio
Livestock Care Standards Board and the Director of
Agriculture in administering and enforcing the
rules adopted by the Board that govern the care
and well-being of livestock in this state.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 102.02 be amended and sections
904.01, 904.02, 904.03, 904.04, 904.05, 904.06, 904.07, and 904.08
of the Revised Code be enacted to read as follows:
Sec. 102.02. (A) Except as otherwise provided in division
(H) of this section, all of the following shall file with the
appropriate ethics commission the disclosure statement described
in this division on a form prescribed by the appropriate
commission: every person who is elected to or is a candidate for a
state, county, or city office and every person who is appointed to
fill a vacancy for an unexpired term in such an elective office;
all members of the state board of education; the director,
assistant directors, deputy directors, division chiefs, or persons
of equivalent rank of any administrative department of the state;
the president or other chief administrative officer of every state
institution of higher education as defined in section 3345.011 of
the Revised Code; the executive director and the members of the
capitol square review and advisory board appointed or employed
pursuant to section 105.41 of the Revised Code; the chief
executive officer and the members of the board of each state
retirement system; each employee of a state retirement board who
is a state retirement system investment officer licensed pursuant
to section 1707.163 of the Revised Code; the members of the Ohio
retirement study council appointed pursuant to division (C) of
section 171.01 of the Revised Code; employees of the Ohio
retirement study council, other than employees who perform purely
administrative or clerical functions; the administrator of
workers' compensation and each member of the bureau of workers'
compensation board of directors; the bureau of workers'
compensation director of investments; the chief investment officer
of the bureau of workers' compensation; the director appointed by
the workers' compensation council; all members of the board of
commissioners on grievances and discipline of the supreme court
and the ethics commission created under section 102.05 of the
Revised Code; every business manager, treasurer, or superintendent
of a city, local, exempted village, joint vocational, or
cooperative education school district or an educational service
center; every person who is elected to or is a candidate for the
office of member of a board of education of a city, local,
exempted village, joint vocational, or cooperative education
school district or of a governing board of an educational service
center that has a total student count of twelve thousand or more
as most recently determined by the department of education
pursuant to section 3317.03 of the Revised Code; every person who
is appointed to the board of education of a municipal school
district pursuant to division (B) or (F) of section 3311.71 of the
Revised Code; all members of the board of directors of a sanitary
district that is established under Chapter 6115. of the Revised
Code and organized wholly for the purpose of providing a water
supply for domestic, municipal, and public use, and that includes
two municipal corporations in two counties; every public official
or employee who is paid a salary or wage in accordance with
schedule C of section 124.15 or schedule E-2 of section 124.152 of
the Revised Code; members of the board of trustees and the
executive director of the southern Ohio agricultural and community
development foundation; all members appointed to the Ohio
livestock care standards board under section 904.02 of the Revised
Code; and every other public official or employee who is
designated by the appropriate ethics commission pursuant to
division (B) of this section.
The disclosure statement shall include all of the following:
(1) The name of the person filing the statement and each
member of the person's immediate family and all names under which
the person or members of the person's immediate family do
business;
(2)(a) Subject to divisions (A)(2)(b) and (c) of this section
and except as otherwise provided in section 102.022 of the Revised
Code, identification of every source of income, other than income
from a legislative agent identified in division (A)(2)(b) of this
section, received during the preceding calendar year, in the
person's own name or by any other person for the person's use or
benefit, by the person filing the statement, and a brief
description of the nature of the services for which the income was
received. If the person filing the statement is a member of the
general assembly, the statement shall identify the amount of every
source of income received in accordance with the following ranges
of amounts: zero or more, but less than one thousand dollars; one
thousand dollars or more, but less than ten thousand dollars; ten
thousand dollars or more, but less than twenty-five thousand
dollars; twenty-five thousand dollars or more, but less than fifty
thousand dollars; fifty thousand dollars or more, but less than
one hundred thousand dollars; and one hundred thousand dollars or
more. Division (A)(2)(a) of this section shall not be construed to
require a person filing the statement who derives income from a
business or profession to disclose the individual items of income
that constitute the gross income of that business or profession,
except for those individual items of income that are attributable
to the person's or, if the income is shared with the person, the
partner's, solicitation of services or goods or performance,
arrangement, or facilitation of services or provision of goods on
behalf of the business or profession of clients, including
corporate clients, who are legislative agents. A person who files
the statement under this section shall disclose the identity of
and the amount of income received from a person who the public
official or employee knows or has reason to know is doing or
seeking to do business of any kind with the public official's or
employee's agency.
(b) If the person filing the statement is a member of the
general assembly, the statement shall identify every source of
income and the amount of that income that was received from a
legislative agent during the preceding calendar year, in the
person's own name or by any other person for the person's use or
benefit, by the person filing the statement, and a brief
description of the nature of the services for which the income was
received. Division (A)(2)(b) of this section requires the
disclosure of clients of attorneys or persons licensed under
section 4732.12 of the Revised Code, or patients of persons
certified under section 4731.14 of the Revised Code, if those
clients or patients are legislative agents. Division (A)(2)(b) of
this section requires a person filing the statement who derives
income from a business or profession to disclose those individual
items of income that constitute the gross income of that business
or profession that are received from legislative agents.
(c) Except as otherwise provided in division (A)(2)(c) of
this section, division (A)(2)(a) of this section applies to
attorneys, physicians, and other persons who engage in the
practice of a profession and who, pursuant to a section of the
Revised Code, the common law of this state, a code of ethics
applicable to the profession, or otherwise, generally are required
not to reveal, disclose, or use confidences of clients, patients,
or other recipients of professional services except under
specified circumstances or generally are required to maintain
those types of confidences as privileged communications except
under specified circumstances. Division (A)(2)(a) of this section
does not require an attorney, physician, or other professional
subject to a confidentiality requirement as described in division
(A)(2)(c) of this section to disclose the name, other identity, or
address of a client, patient, or other recipient of professional
services if the disclosure would threaten the client, patient, or
other recipient of professional services, would reveal details of
the subject matter for which legal, medical, or professional
advice or other services were sought, or would reveal an otherwise
privileged communication involving the client, patient, or other
recipient of professional services. Division (A)(2)(a) of this
section does not require an attorney, physician, or other
professional subject to a confidentiality requirement as described
in division (A)(2)(c) of this section to disclose in the brief
description of the nature of services required by division
(A)(2)(a) of this section any information pertaining to specific
professional services rendered for a client, patient, or other
recipient of professional services that would reveal details of
the subject matter for which legal, medical, or professional
advice was sought or would reveal an otherwise privileged
communication involving the client, patient, or other recipient of
professional services.
(3) The name of every corporation on file with the secretary
of state that is incorporated in this state or holds a certificate
of compliance authorizing it to do business in this state, trust,
business trust, partnership, or association that transacts
business in this state in which the person filing the statement or
any other person for the person's use and benefit had during the
preceding calendar year an investment of over one thousand dollars
at fair market value as of the thirty-first day of December of the
preceding calendar year, or the date of disposition, whichever is
earlier, or in which the person holds any office or has a
fiduciary relationship, and a description of the nature of the
investment, office, or relationship. Division (A)(3) of this
section does not require disclosure of the name of any bank,
savings and loan association, credit union, or building and loan
association with which the person filing the statement has a
deposit or a withdrawable share account.
(4) All fee simple and leasehold interests to which the
person filing the statement holds legal title to or a beneficial
interest in real property located within the state, excluding the
person's residence and property used primarily for personal
recreation;
(5) The names of all persons residing or transacting business
in the state to whom the person filing the statement owes, in the
person's own name or in the name of any other person, more than
one thousand dollars. Division (A)(5) of this section shall not be
construed to require the disclosure of debts owed by the person
resulting from the ordinary conduct of a business or profession or
debts on the person's residence or real property used primarily
for personal recreation, except that the superintendent of
financial institutions shall disclose the names of all
state-chartered savings and loan associations and of all service
corporations subject to regulation under division (E)(2) of
section 1151.34 of the Revised Code to whom the superintendent in
the superintendent's own name or in the name of any other person
owes any money, and that the superintendent and any deputy
superintendent of banks shall disclose the names of all
state-chartered banks and all bank subsidiary corporations subject
to regulation under section 1109.44 of the Revised Code to whom
the superintendent or deputy superintendent owes any money.
(6) The names of all persons residing or transacting business
in the state, other than a depository excluded under division
(A)(3) of this section, who owe more than one thousand dollars to
the person filing the statement, either in the person's own name
or to any person for the person's use or benefit. Division (A)(6)
of this section shall not be construed to require the disclosure
of clients of attorneys or persons licensed under section 4732.12
or 4732.15 of the Revised Code, or patients of persons certified
under section 4731.14 of the Revised Code, nor the disclosure of
debts owed to the person resulting from the ordinary conduct of a
business or profession.
(7) Except as otherwise provided in section 102.022 of the
Revised Code, the source of each gift of over seventy-five
dollars, or of each gift of over twenty-five dollars received by a
member of the general assembly from a legislative agent, received
by the person in the person's own name or by any other person for
the person's use or benefit during the preceding calendar year,
except gifts received by will or by virtue of section 2105.06 of
the Revised Code, or received from spouses, parents, grandparents,
children, grandchildren, siblings, nephews, nieces, uncles, aunts,
brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law,
fathers-in-law, mothers-in-law, or any person to whom the person
filing the statement stands in loco parentis, or received by way
of distribution from any inter vivos or testamentary trust
established by a spouse or by an ancestor;
(8) Except as otherwise provided in section 102.022 of the
Revised Code, identification of the source and amount of every
payment of expenses incurred for travel to destinations inside or
outside this state that is received by the person in the person's
own name or by any other person for the person's use or benefit
and that is incurred in connection with the person's official
duties, except for expenses for travel to meetings or conventions
of a national or state organization to which any state agency,
including, but not limited to, any legislative agency or state
institution of higher education as defined in section 3345.011 of
the Revised Code, pays membership dues, or any political
subdivision or any office or agency of a political subdivision
pays membership dues;
(9) Except as otherwise provided in section 102.022 of the
Revised Code, identification of the source of payment of expenses
for meals and other food and beverages, other than for meals and
other food and beverages provided at a meeting at which the person
participated in a panel, seminar, or speaking engagement or at a
meeting or convention of a national or state organization to which
any state agency, including, but not limited to, any legislative
agency or state institution of higher education as defined in
section 3345.011 of the Revised Code, pays membership dues, or any
political subdivision or any office or agency of a political
subdivision pays membership dues, that are incurred in connection
with the person's official duties and that exceed one hundred
dollars aggregated per calendar year;
(10) If the disclosure statement is filed by a public
official or employee described in division (B)(2) of section
101.73 of the Revised Code or division (B)(2) of section 121.63 of
the Revised Code who receives a statement from a legislative
agent, executive agency lobbyist, or employer that contains the
information described in division (F)(2) of section 101.73 of the
Revised Code or division (G)(2) of section 121.63 of the Revised
Code, all of the nondisputed information contained in the
statement delivered to that public official or employee by the
legislative agent, executive agency lobbyist, or employer under
division (F)(2) of section 101.73 or (G)(2) of section 121.63 of
the Revised Code.
A person may file a statement required by this section in
person or by mail. A person who is a candidate for elective office
shall file the statement no later than the thirtieth day before
the primary, special, or general election at which the candidacy
is to be voted on, whichever election occurs soonest, except that
a person who is a write-in candidate shall file the statement no
later than the twentieth day before the earliest election at which
the person's candidacy is to be voted on. A person who holds
elective office shall file the statement on or before the
fifteenth day of April of each year unless the person is a
candidate for office. A person who is appointed to fill a vacancy
for an unexpired term in an elective office shall file the
statement within fifteen days after the person qualifies for
office. Other persons shall file an annual statement on or before
the fifteenth day of April or, if appointed or employed after that
date, within ninety days after appointment or employment. No
person shall be required to file with the appropriate ethics
commission more than one statement or pay more than one filing fee
for any one calendar year.
The appropriate ethics commission, for good cause, may extend
for a reasonable time the deadline for filing a statement under
this section.
A statement filed under this section is subject to public
inspection at locations designated by the appropriate ethics
commission except as otherwise provided in this section.
(B) The Ohio ethics commission, the joint legislative ethics
committee, and the board of commissioners on grievances and
discipline of the supreme court, using the rule-making procedures
of Chapter 119. of the Revised Code, may require any class of
public officials or employees under its jurisdiction and not
specifically excluded by this section whose positions involve a
substantial and material exercise of administrative discretion in
the formulation of public policy, expenditure of public funds,
enforcement of laws and rules of the state or a county or city, or
the execution of other public trusts, to file an annual statement
on or before the fifteenth day of April under division (A) of this
section. The appropriate ethics commission shall send the public
officials or employees written notice of the requirement by the
fifteenth day of February of each year the filing is required
unless the public official or employee is appointed after that
date, in which case the notice shall be sent within thirty days
after appointment, and the filing shall be made not later than
ninety days after appointment.
Except for disclosure statements filed by members of the
board of trustees and the executive director of the southern Ohio
agricultural and community development foundation, disclosure
statements filed under this division with the Ohio ethics
commission by members of boards, commissions, or bureaus of the
state for which no compensation is received other than reasonable
and necessary expenses shall be kept confidential. Disclosure
statements filed with the Ohio ethics commission under division
(A) of this section by business managers, treasurers, and
superintendents of city, local, exempted village, joint
vocational, or cooperative education school districts or
educational service centers shall be kept confidential, except
that any person conducting an audit of any such school district or
educational service center pursuant to section 115.56 or Chapter
117. of the Revised Code may examine the disclosure statement of
any business manager, treasurer, or superintendent of that school
district or educational service center. The Ohio ethics commission
shall examine each disclosure statement required to be kept
confidential to determine whether a potential conflict of interest
exists for the person who filed the disclosure statement. A
potential conflict of interest exists if the private interests of
the person, as indicated by the person's disclosure statement,
might interfere with the public interests the person is required
to serve in the exercise of the person's authority and duties in
the person's office or position of employment. If the commission
determines that a potential conflict of interest exists, it shall
notify the person who filed the disclosure statement and shall
make the portions of the disclosure statement that indicate a
potential conflict of interest subject to public inspection in the
same manner as is provided for other disclosure statements. Any
portion of the disclosure statement that the commission determines
does not indicate a potential conflict of interest shall be kept
confidential by the commission and shall not be made subject to
public inspection, except as is necessary for the enforcement of
Chapters 102. and 2921. of the Revised Code and except as
otherwise provided in this division.
(C) No person shall knowingly fail to file, on or before the
applicable filing deadline established under this section, a
statement that is required by this section.
(D) No person shall knowingly file a false statement that is
required to be filed under this section.
(E)(1) Except as provided in divisions (E)(2) and (3) of this
section, the statement required by division (A) or (B) of this
section shall be accompanied by a filing fee of forty dollars.
(2) The statement required by division (A) of this section
shall be accompanied by the following filing fee to be paid by the
person who is elected or appointed to, or is a candidate for, any
of the following offices:
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For state office, except member of the |
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state board of education |
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$65 |
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For office of member of general assembly |
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$40 |
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For county office |
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$40 |
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For city office |
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$25 |
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For office of member of the state board |
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of education |
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$25 |
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For office of member of the Ohio livestock care standards board |
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$25 |
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For office of member of a city, local, |
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exempted village, or cooperative |
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education board of |
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education or educational service |
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center governing board |
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$20 |
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For position of business manager, |
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treasurer, or superintendent of a |
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city, local, exempted village, joint |
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vocational, or cooperative education |
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school district or |
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educational service center |
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$20 |
(3) No judge of a court of record or candidate for judge of a
court of record, and no referee or magistrate serving a court of
record, shall be required to pay the fee required under division
(E)(1) or (2) or (F) of this section.
(4) For any public official who is appointed to a nonelective
office of the state and for any employee who holds a nonelective
position in a public agency of the state, the state agency that is
the primary employer of the state official or employee shall pay
the fee required under division (E)(1) or (F) of this section.
(F) If a statement required to be filed under this section is
not filed by the date on which it is required to be filed, the
appropriate ethics commission shall assess the person required to
file the statement a late filing fee of ten dollars for each day
the statement is not filed, except that the total amount of the
late filing fee shall not exceed two hundred fifty dollars.
(G)(1) The appropriate ethics commission other than the Ohio
ethics commission and the joint legislative ethics committee shall
deposit all fees it receives under divisions (E) and (F) of this
section into the general revenue fund of the state.
(2) The Ohio ethics commission shall deposit all receipts,
including, but not limited to, fees it receives under divisions
(E) and (F) of this section and all moneys it receives from
settlements under division (G) of section 102.06 of the Revised
Code, into the Ohio ethics commission fund, which is hereby
created in the state treasury. All moneys credited to the fund
shall be used solely for expenses related to the operation and
statutory functions of the commission.
(3) The joint legislative ethics committee shall deposit all
receipts it receives from the payment of financial disclosure
statement filing fees under divisions (E) and (F) of this section
into the joint legislative ethics committee investigative fund.
(H) Division (A) of this section does not apply to a person
elected or appointed to the office of precinct, ward, or district
committee member under Chapter 3517. of the Revised Code; a
presidential elector; a delegate to a national convention; village
or township officials and employees; any physician or psychiatrist
who is paid a salary or wage in accordance with schedule C of
section 124.15 or schedule E-2 of section 124.152 of the Revised
Code and whose primary duties do not require the exercise of
administrative discretion; or any member of a board, commission,
or bureau of any county or city who receives less than one
thousand dollars per year for serving in that position.
Sec. 904.01. As used in this chapter, "livestock" means
either of the following:
(A) Equine animals regardless of the purpose for which they
are raised;
(B) Any of the following animals that are raised for human
food products or fiber:
(8) Any other animal designated in rules adopted under
section 904.03 of the Revised Code.
Sec. 904.02. (A) There is hereby created the Ohio livestock
care standards board consisting of the following members:
(1) The director of agriculture, who shall be the chairperson
of the board;
(2) Ten members appointed by the governor with the advice and
consent of the senate. The ten members shall be residents of this
state and shall 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 Chapter
4741. of the Revised Code;
(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 consumers in this
state;
(h) One member representing a county humane society organized
under Chapter 1717. of the Revised Code.
(3) One member appointed by the speaker of the house of
representatives who shall be a family farmer;
(4) One member appointed by the president of the senate who
shall be a family farmer.
Not more than seven members appointed to the board at any
given time shall be of the same political party.
(B)(1) The governor, the speaker of the house of
representatives, and the president of the senate shall make
appointments to the board not later than forty-five days after the
effective date of this section.
(2) The following initial members of the board appointed by
the governor shall be appointed for a term ending January 25,
2011:
(a) The member representing family farmers;
(b) The dean of the agriculture department of a college or
university located in this state;
(c) The member who is a veterinarian licensed under Chapter
4741. of the Revised Code;
(d) One of the members of the public representing consumers
in this state.
(3) The following initial members of the board shall be
appointed for a term ending January 15, 2012:
(a) The member appointed by the speaker of the house of
representatives who is a family farmer;
(b) One of the members representing a statewide organization
that represents farmers;
(c) The member representing a county humane society organized
under Chapter 1717. of the Revised Code;
(d) The member who is knowledgeable about food safety in this
state.
(4) The following initial members of the board shall be
appointed for a term ending January 15, 2013:
(a) The member appointed by the president of the senate who
is a family farmer;
(b) One of the members of the public representing consumers
in this state;
(c) One of the members representing a statewide organization
that represents farmers.
(C) After the initial terms served in accordance with
division (B) of this section, terms of office shall be for three
years with each term ending on the same day of the same month as
did the term that it succeeds. However, the terms for the director
of agriculture and the state veterinarian shall 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, shall cease to
serve on the board, and the successor of the director or state
veterinarian shall then serve on the board in accordance with this
section. Every other member shall hold office from the date of the
member's appointment until the end of the term for which the
member was appointed.
Vacancies on the board shall be filled in the manner provided
for original appointments. Any member appointed to fill a vacancy
occurring prior to the expiration of the term for which the
member's predecessor was appointed shall hold office for the
remainder of that term. A member shall 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 one hundred
eighty days has elapsed, whichever occurs first. A member may be
reappointed upon the expiration of the member's term.
(D) The board shall hold at least three regular meetings each
year and may hold additional meetings at times that the
chairperson or a majority of the board members considers
appropriate. At the three regular meetings held by the board each
year, the board shall conduct a review of the rules governing the
care and well-being of livestock that have been or are proposed to
be adopted under section 904.03 of the Revised Code.
At the first meeting of the board in each calendar year, the
director shall 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.
(E) 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.
(F) Appointed members of the board shall receive no
compensation for their services. Members shall be reimbursed for
their actual and necessary expenses incurred in the performance of
their duties as members. The expenses shall be paid from the Ohio
livestock care standards fund created in section 904.06 of the
Revised Code. The expenses shall be paid in accordance with the
rules and requirements adopted by the department of administrative
services that are applicable to state employees.
(G) The board may create committees that it considers
appropriate to make recommendations to the board. Committees may
include non-board members.
Sec. 904.03. (A) The Ohio livestock care standards board
shall adopt rules in accordance with Chapter 119. of the Revised
Code governing the care and well-being of livestock in this state.
In adopting those rules, the board shall consider the following
factors:
(1) Best management practices for the care and well-being of
livestock;
(2) Biosecurity. The rules shall not create a statewide
animal identification system.
(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;
(8) Any other factors that the board considers necessary for
the proper care and well-being of livestock in this state.
The rules shall not apply to organic producers that are
certified by the United States department of agriculture under the
national organic program to the extent that the rules preempt
standards that are required to maintain that certification.
(B) The board shall adopt rules in accordance with Chapter
119. of the Revised Code that establish the amount of civil
penalties to be assessed against persons who violate the rules
adopted under division (A) of this section.
(C) The rules adopted under this section 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.
Sec. 904.04. (A) In order to assist the Ohio livestock care
standards board in the administration and enforcement of this
chapter, the director of agriculture shall do all of the
following:
(1) Hire all employees of the board, including an executive
director. Employees of the board shall be in the unclassified
civil service, serve at the pleasure of the director of
agriculture, and be compensated with money from the Ohio livestock
care standards fund created in section 904.06 of the Revised Code.
(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 under
section 904.03 of the Revised Code:
(a) Process and submit the rules to the joint committee on
agency rule review pursuant to Chapter 119. of the Revised Code;
(b) Contract for surveys and analyses;
(c) 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 under section 904.03 of the Revised Code in accordance
with the authority granted by this chapter, sections 901.25 to
901.29 of the Revised Code, and rules adopted under this chapter
and section 901.03 of the Revised Code;
(6) Enforce the rules adopted under section 904.03 of the
Revised Code 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 this chapter and rules adopted under it.
For purposes of this division, the court of competent jurisdiction
shall be either the court of common pleas of Licking county or the
court of common pleas of the county where the violation is
occurring.
(7) Perform any other duties necessary to assist the board in
the administration and enforcement of this chapter.
(B) The director or the director's authorized representative
acting on behalf of the Ohio livestock care standards board, upon
proper identification and upon stating the purpose and necessity
of an inspection, may enter at reasonable times on any public or
private property, real or personal, to inspect or investigate,
obtain samples, and examine or copy records to determine
compliance with this chapter and rules adopted under it. The
director or the director's authorized representative may apply
for, and any judge of a court of competent jurisdiction may issue,
an appropriate search warrant necessary to achieve the purposes of
this chapter and rules adopted under it.
Sec. 904.05. No person shall do either of the following:
(A) Falsify any plans, specifications, data, reports,
records, or other information required by this chapter or rules
adopted under it to be kept or submitted to the director of
agriculture or the Ohio livestock care standards board;
(B) Violate any provision of this chapter or any order, rule,
or determination of the director or board issued, adopted, or made
under this chapter or rules adopted under it.
Sec. 904.06. (A) Until the general assembly appropriates
money for the purposes of this chapter and rules adopted under it,
the director of agriculture shall 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 in division (B) of this
section.
(B) All money appropriated by the general assembly for use by
the Ohio livestock care standards board, money transferred from
any fund administered by the department as provided in division
(A) of this section, all money collected from civil penalties
under this chapter, and all money donated to the department of
agriculture or the board for the purposes of advancing livestock
care shall be deposited in the state treasury to the credit of the
Ohio livestock care standards fund, which is hereby created.
(C) Money credited to the fund shall be used by the director
of agriculture to carry out the purposes of this chapter,
including the administration and enforcement costs of the
department of agriculture and the compensation of employees of the
Ohio livestock care standards board.
Sec. 904.07. The authority granted to the Ohio livestock
care standards board and the director of agriculture by this
chapter does not detract from or expand the authority or
obligations of county humane societies or county officials under
Chapter 1717. of the Revised Code.
Sec. 904.08. The authority granted to the Ohio livestock
care standards board and the director of agriculture by this
chapter does not apply to food processing production activity that
is regulated by the department of agriculture under Title IX of
the Revised Code.
Section 2. That existing section 102.02 of the Revised Code
is hereby repealed.
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