Bill Text: OH SB233 | 2009-2010 | 128th General Assembly | Introduced

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Bill Title: And to amend Section 211.10 of Am. Sub. H.B. 1 of the 128th General Assembly and Section 265.10 of Am. Sub. H.B. 1 of the 128th General Assembly, as subsequently amended, 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, and to make an appropriation.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2010-02-24 - To Agriculture [SB233 Detail]

Download: Ohio-2009-SB233-Introduced.html

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As Introduced

128th General Assembly Regular Session 2009-2010

S. B. No. 233

Senator Gibbs 

Cosponsor: Senator Faber 

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A BILL

To amend section 102.02 and to enact sections 904.01

1

to 904.08 of the Revised Code and to amend Section

2

211.10 of Am. Sub. H.B. 1 of the 128th General

3

Assembly and Section 265.10 of Am. Sub. H.B. 1 of

4

the 128th General Assembly, as subsequently

5

amended, to establish requirements and

6

responsibilities of the Ohio Livestock Care

7

Standards Board and the Director of Agriculture in

8

administering and enforcing the rules adopted by

9

the Board that govern the care and well-being of

10

livestock in this state, and to make an

11

appropriation.

12

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1.  That section 102.02 be amended and sections	13
904.01, 904.02, 904.03, 904.04, 904.05, 904.06, 904.07, and 904.08	14
of the Revised Code be enacted to read as follows:	15

Sec. 102.02.  (A) Except as otherwise provided in division	16
(H) of this section, all of the following shall file with the	17
appropriate ethics commission the disclosure statement described	18
in this division on a form prescribed by the appropriate	19
commission: every person who is elected to or is a candidate for a	20
state, county, or city office and every person who is appointed to	21
fill a vacancy for an unexpired term in such an elective office;	22
all members of the state board of education; the director,	23
assistant directors, deputy directors, division chiefs, or persons	24
of equivalent rank of any administrative department of the state;	25
the president or other chief administrative officer of every state	26
institution of higher education as defined in section 3345.011 of	27
the Revised Code; the executive director and the members of the	28
capitol square review and advisory board appointed or employed	29
pursuant to section 105.41 of the Revised Code; the chief	30
executive officer and the members of the board of each state	31
retirement system; each employee of a state retirement board who	32
is a state retirement system investment officer licensed pursuant	33
to section 1707.163 of the Revised Code; the members of the Ohio	34
retirement study council appointed pursuant to division (C) of	35
section 171.01 of the Revised Code; employees of the Ohio	36
retirement study council, other than employees who perform purely	37
administrative or clerical functions; the administrator of	38
workers' compensation and each member of the bureau of workers'	39
compensation board of directors; the bureau of workers'	40
compensation director of investments; the chief investment officer	41
of the bureau of workers' compensation; the director appointed by	42
the workers' compensation council; all members of the board of	43
commissioners on grievances and discipline of the supreme court	44
and the ethics commission created under section 102.05 of the	45
Revised Code; every business manager, treasurer, or superintendent	46
of a city, local, exempted village, joint vocational, or	47
cooperative education school district or an educational service	48
center; every person who is elected to or is a candidate for the	49
office of member of a board of education of a city, local,	50
exempted village, joint vocational, or cooperative education	51
school district or of a governing board of an educational service	52
center that has a total student count of twelve thousand or more	53
as most recently determined by the department of education	54
pursuant to section 3317.03 of the Revised Code; every person who	55
is appointed to the board of education of a municipal school	56
district pursuant to division (B) or (F) of section 3311.71 of the	57
Revised Code; all members of the board of directors of a sanitary	58
district that is established under Chapter 6115. of the Revised	59
Code and organized wholly for the purpose of providing a water	60
supply for domestic, municipal, and public use, and that includes	61
two municipal corporations in two counties; every public official	62
or employee who is paid a salary or wage in accordance with	63
schedule C of section 124.15 or schedule E-2 of section 124.152 of	64
the Revised Code; members of the board of trustees and the	65
executive director of the southern Ohio agricultural and community	66
development foundation; all members appointed to the Ohio	67
livestock care standards board under section 904.02 of the Revised	68
Code; and every other public official or employee who is	69
designated by the appropriate ethics commission pursuant to	70
division (B) of this section.	71

The disclosure statement shall include all of the following:

72

(1) The name of the person filing the statement and each	73
member of the person's immediate family and all names under which	74
the person or members of the person's immediate family do	75
business;	76

(2)(a) Subject to divisions (A)(2)(b) and (c) of this section	77
and except as otherwise provided in section 102.022 of the Revised	78
Code, identification of every source of income, other than income	79
from a legislative agent identified in division (A)(2)(b) of this	80
section, received during the preceding calendar year, in the	81
person's own name or by any other person for the person's use or	82
benefit, by the person filing the statement, and a brief	83
description of the nature of the services for which the income was	84
received. If the person filing the statement is a member of the	85
general assembly, the statement shall identify the amount of every	86
source of income received in accordance with the following ranges	87
of amounts: zero or more, but less than one thousand dollars; one	88
thousand dollars or more, but less than ten thousand dollars; ten	89
thousand dollars or more, but less than twenty-five thousand	90
dollars; twenty-five thousand dollars or more, but less than fifty	91
thousand dollars; fifty thousand dollars or more, but less than	92
one hundred thousand dollars; and one hundred thousand dollars or	93
more. Division (A)(2)(a) of this section shall not be construed to	94
require a person filing the statement who derives income from a	95
business or profession to disclose the individual items of income	96
that constitute the gross income of that business or profession,	97
except for those individual items of income that are attributable	98
to the person's or, if the income is shared with the person, the	99
partner's, solicitation of services or goods or performance,	100
arrangement, or facilitation of services or provision of goods on	101
behalf of the business or profession of clients, including	102
corporate clients, who are legislative agents. A person who files	103
the statement under this section shall disclose the identity of	104
and the amount of income received from a person who the public	105
official or employee knows or has reason to know is doing or	106
seeking to do business of any kind with the public official's or	107
employee's agency.	108

(b) If the person filing the statement is a member of the	109
general assembly, the statement shall identify every source of	110
income and the amount of that income that was received from a	111
legislative agent during the preceding calendar year, in the	112
person's own name or by any other person for the person's use or	113
benefit, by the person filing the statement, and a brief	114
description of the nature of the services for which the income was	115
received. Division (A)(2)(b) of this section requires the	116
disclosure of clients of attorneys or persons licensed under	117
section 4732.12 of the Revised Code, or patients of persons	118
certified under section 4731.14 of the Revised Code, if those	119
clients or patients are legislative agents. Division (A)(2)(b) of	120
this section requires a person filing the statement who derives	121
income from a business or profession to disclose those individual	122
items of income that constitute the gross income of that business	123
or profession that are received from legislative agents.	124

(c) Except as otherwise provided in division (A)(2)(c) of	125
this section, division (A)(2)(a) of this section applies to	126
attorneys, physicians, and other persons who engage in the	127
practice of a profession and who, pursuant to a section of the	128
Revised Code, the common law of this state, a code of ethics	129
applicable to the profession, or otherwise, generally are required	130
not to reveal, disclose, or use confidences of clients, patients,	131
or other recipients of professional services except under	132
specified circumstances or generally are required to maintain	133
those types of confidences as privileged communications except	134
under specified circumstances. Division (A)(2)(a) of this section	135
does not require an attorney, physician, or other professional	136
subject to a confidentiality requirement as described in division	137
(A)(2)(c) of this section to disclose the name, other identity, or	138
address of a client, patient, or other recipient of professional	139
services if the disclosure would threaten the client, patient, or	140
other recipient of professional services, would reveal details of	141
the subject matter for which legal, medical, or professional	142
advice or other services were sought, or would reveal an otherwise	143
privileged communication involving the client, patient, or other	144
recipient of professional services. Division (A)(2)(a) of this	145
section does not require an attorney, physician, or other	146
professional subject to a confidentiality requirement as described	147
in division (A)(2)(c) of this section to disclose in the brief	148
description of the nature of services required by division	149
(A)(2)(a) of this section any information pertaining to specific	150
professional services rendered for a client, patient, or other	151
recipient of professional services that would reveal details of	152
the subject matter for which legal, medical, or professional	153
advice was sought or would reveal an otherwise privileged	154
communication involving the client, patient, or other recipient of	155
professional services.	156

(3) The name of every corporation on file with the secretary	157
of state that is incorporated in this state or holds a certificate	158
of compliance authorizing it to do business in this state, trust,	159
business trust, partnership, or association that transacts	160
business in this state in which the person filing the statement or	161
any other person for the person's use and benefit had during the	162
preceding calendar year an investment of over one thousand dollars	163
at fair market value as of the thirty-first day of December of the	164
preceding calendar year, or the date of disposition, whichever is	165
earlier, or in which the person holds any office or has a	166
fiduciary relationship, and a description of the nature of the	167
investment, office, or relationship. Division (A)(3) of this	168
section does not require disclosure of the name of any bank,	169
savings and loan association, credit union, or building and loan	170
association with which the person filing the statement has a	171
deposit or a withdrawable share account.	172

(4) All fee simple and leasehold interests to which the	173
person filing the statement holds legal title to or a beneficial	174
interest in real property located within the state, excluding the	175
person's residence and property used primarily for personal	176
recreation;	177

(5) The names of all persons residing or transacting business	178
in the state to whom the person filing the statement owes, in the	179
person's own name or in the name of any other person, more than	180
one thousand dollars. Division (A)(5) of this section shall not be	181
construed to require the disclosure of debts owed by the person	182
resulting from the ordinary conduct of a business or profession or	183
debts on the person's residence or real property used primarily	184
for personal recreation, except that the superintendent of	185
financial institutions shall disclose the names of all	186
state-chartered savings and loan associations and of all service	187
corporations subject to regulation under division (E)(2) of	188
section 1151.34 of the Revised Code to whom the superintendent in	189
the superintendent's own name or in the name of any other person	190
owes any money, and that the superintendent and any deputy	191
superintendent of banks shall disclose the names of all	192
state-chartered banks and all bank subsidiary corporations subject	193
to regulation under section 1109.44 of the Revised Code to whom	194
the superintendent or deputy superintendent owes any money.	195

(6) The names of all persons residing or transacting business	196
in the state, other than a depository excluded under division	197
(A)(3) of this section, who owe more than one thousand dollars to	198
the person filing the statement, either in the person's own name	199
or to any person for the person's use or benefit. Division (A)(6)	200
of this section shall not be construed to require the disclosure	201
of clients of attorneys or persons licensed under section 4732.12	202
or 4732.15 of the Revised Code, or patients of persons certified	203
under section 4731.14 of the Revised Code, nor the disclosure of	204
debts owed to the person resulting from the ordinary conduct of a	205
business or profession.	206

(7) Except as otherwise provided in section 102.022 of the	207
Revised Code, the source of each gift of over seventy-five	208
dollars, or of each gift of over twenty-five dollars received by a	209
member of the general assembly from a legislative agent, received	210
by the person in the person's own name or by any other person for	211
the person's use or benefit during the preceding calendar year,	212
except gifts received by will or by virtue of section 2105.06 of	213
the Revised Code, or received from spouses, parents, grandparents,	214
children, grandchildren, siblings, nephews, nieces, uncles, aunts,	215
brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law,	216
fathers-in-law, mothers-in-law, or any person to whom the person	217
filing the statement stands in loco parentis, or received by way	218
of distribution from any inter vivos or testamentary trust	219
established by a spouse or by an ancestor;	220

(8) Except as otherwise provided in section 102.022 of the	221
Revised Code, identification of the source and amount of every	222
payment of expenses incurred for travel to destinations inside or	223
outside this state that is received by the person in the person's	224
own name or by any other person for the person's use or benefit	225
and that is incurred in connection with the person's official	226
duties, except for expenses for travel to meetings or conventions	227
of a national or state organization to which any state agency,	228
including, but not limited to, any legislative agency or state	229
institution of higher education as defined in section 3345.011 of	230
the Revised Code, pays membership dues, or any political	231
subdivision or any office or agency of a political subdivision	232
pays membership dues;	233

(9) Except as otherwise provided in section 102.022 of the	234
Revised Code, identification of the source of payment of expenses	235
for meals and other food and beverages, other than for meals and	236
other food and beverages provided at a meeting at which the person	237
participated in a panel, seminar, or speaking engagement or at a	238
meeting or convention of a national or state organization to which	239
any state agency, including, but not limited to, any legislative	240
agency or state institution of higher education as defined in	241
section 3345.011 of the Revised Code, pays membership dues, or any	242
political subdivision or any office or agency of a political	243
subdivision pays membership dues, that are incurred in connection	244
with the person's official duties and that exceed one hundred	245
dollars aggregated per calendar year;	246

(10) If the disclosure statement is filed by a public	247
official or employee described in division (B)(2) of section	248
101.73 of the Revised Code or division (B)(2) of section 121.63 of	249
the Revised Code who receives a statement from a legislative	250
agent, executive agency lobbyist, or employer that contains the	251
information described in division (F)(2) of section 101.73 of the	252
Revised Code or division (G)(2) of section 121.63 of the Revised	253
Code, all of the nondisputed information contained in the	254
statement delivered to that public official or employee by the	255
legislative agent, executive agency lobbyist, or employer under	256
division (F)(2) of section 101.73 or (G)(2) of section 121.63 of	257
the Revised Code.	258

A person may file a statement required by this section in	259
person or by mail. A person who is a candidate for elective office	260
shall file the statement no later than the thirtieth day before	261
the primary, special, or general election at which the candidacy	262
is to be voted on, whichever election occurs soonest, except that	263
a person who is a write-in candidate shall file the statement no	264
later than the twentieth day before the earliest election at which	265
the person's candidacy is to be voted on. A person who holds	266
elective office shall file the statement on or before the	267
fifteenth day of April of each year unless the person is a	268
candidate for office. A person who is appointed to fill a vacancy	269
for an unexpired term in an elective office shall file the	270
statement within fifteen days after the person qualifies for	271
office. Other persons shall file an annual statement on or before	272
the fifteenth day of April or, if appointed or employed after that	273
date, within ninety days after appointment or employment. No	274
person shall be required to file with the appropriate ethics	275
commission more than one statement or pay more than one filing fee	276
for any one calendar year.	277

The appropriate ethics commission, for good cause, may extend	278
for a reasonable time the deadline for filing a statement under	279
this section.	280

A statement filed under this section is subject to public	281
inspection at locations designated by the appropriate ethics	282
commission except as otherwise provided in this section.	283

(B) The Ohio ethics commission, the joint legislative ethics	284
committee, and the board of commissioners on grievances and	285
discipline of the supreme court, using the rule-making procedures	286
of Chapter 119. of the Revised Code, may require any class of	287
public officials or employees under its jurisdiction and not	288
specifically excluded by this section whose positions involve a	289
substantial and material exercise of administrative discretion in	290
the formulation of public policy, expenditure of public funds,	291
enforcement of laws and rules of the state or a county or city, or	292
the execution of other public trusts, to file an annual statement	293
on or before the fifteenth day of April under division (A) of this	294
section. The appropriate ethics commission shall send the public	295
officials or employees written notice of the requirement by the	296
fifteenth day of February of each year the filing is required	297
unless the public official or employee is appointed after that	298
date, in which case the notice shall be sent within thirty days	299
after appointment, and the filing shall be made not later than	300
ninety days after appointment.	301

Except for disclosure statements filed by members of the	302
board of trustees and the executive director of the southern Ohio	303
agricultural and community development foundation, disclosure	304
statements filed under this division with the Ohio ethics	305
commission by members of boards, commissions, or bureaus of the	306
state for which no compensation is received other than reasonable	307
and necessary expenses shall be kept confidential. Disclosure	308
statements filed with the Ohio ethics commission under division	309
(A) of this section by business managers, treasurers, and	310
superintendents of city, local, exempted village, joint	311
vocational, or cooperative education school districts or	312
educational service centers shall be kept confidential, except	313
that any person conducting an audit of any such school district or	314
educational service center pursuant to section 115.56 or Chapter	315
117. of the Revised Code may examine the disclosure statement of	316
any business manager, treasurer, or superintendent of that school	317
district or educational service center. The Ohio ethics commission	318
shall examine each disclosure statement required to be kept	319
confidential to determine whether a potential conflict of interest	320
exists for the person who filed the disclosure statement. A	321
potential conflict of interest exists if the private interests of	322
the person, as indicated by the person's disclosure statement,	323
might interfere with the public interests the person is required	324
to serve in the exercise of the person's authority and duties in	325
the person's office or position of employment. If the commission	326
determines that a potential conflict of interest exists, it shall	327
notify the person who filed the disclosure statement and shall	328
make the portions of the disclosure statement that indicate a	329
potential conflict of interest subject to public inspection in the	330
same manner as is provided for other disclosure statements. Any	331
portion of the disclosure statement that the commission determines	332
does not indicate a potential conflict of interest shall be kept	333
confidential by the commission and shall not be made subject to	334
public inspection, except as is necessary for the enforcement of	335
Chapters 102. and 2921. of the Revised Code and except as	336
otherwise provided in this division.	337

(C) No person shall knowingly fail to file, on or before the	338
applicable filing deadline established under this section, a	339
statement that is required by this section.	340

(D) No person shall knowingly file a false statement that is	341
required to be filed under this section.	342

(E)(1) Except as provided in divisions (E)(2) and (3) of this	343
section, the statement required by division (A) or (B) of this	344
section shall be accompanied by a filing fee of forty dollars.	345

(2) The statement required by division (A) of this section	346
shall be accompanied by the following filing fee to be paid by the	347
person who is elected or appointed to, or is a candidate for, any	348
of the following offices:	349

	For state office, except member of the				350
	state board of education		$65		351
	For office of member of general assembly		$40		352
	For county office		$40		353
	For city office		$25		354
	For office of member of the state board				355
	of education		$25		356
	For office of member of the Ohio livestock care standards board		$25		357
	For office of member of a city, local,				358
	exempted village, or cooperative				359
	education board of				360
	education or educational service				361
	center governing board		$20		362
	For position of business manager,				363
	treasurer, or superintendent of a				364
	city, local, exempted village, joint				365
	vocational, or cooperative education				366
	school district or				367
	educational service center		$20		368

(3) No judge of a court of record or candidate for judge of a	369
court of record, and no referee or magistrate serving a court of	370
record, shall be required to pay the fee required under division	371
(E)(1) or (2) or (F) of this section.	372

(4) For any public official who is appointed to a nonelective	373
office of the state and for any employee who holds a nonelective	374
position in a public agency of the state, the state agency that is	375
the primary employer of the state official or employee shall pay	376
the fee required under division (E)(1) or (F) of this section.	377

(F) If a statement required to be filed under this section is	378
not filed by the date on which it is required to be filed, the	379
appropriate ethics commission shall assess the person required to	380
file the statement a late filing fee of ten dollars for each day	381
the statement is not filed, except that the total amount of the	382
late filing fee shall not exceed two hundred fifty dollars.	383

(G)(1) The appropriate ethics commission other than the Ohio	384
ethics commission and the joint legislative ethics committee shall	385
deposit all fees it receives under divisions (E) and (F) of this	386
section into the general revenue fund of the state.	387

(2) The Ohio ethics commission shall deposit all receipts,	388
including, but not limited to, fees it receives under divisions	389
(E) and (F) of this section and all moneys it receives from	390
settlements under division (G) of section 102.06 of the Revised	391
Code, into the Ohio ethics commission fund, which is hereby	392
created in the state treasury. All moneys credited to the fund	393
shall be used solely for expenses related to the operation and	394
statutory functions of the commission.	395

(3) The joint legislative ethics committee shall deposit all	396
receipts it receives from the payment of financial disclosure	397
statement filing fees under divisions (E) and (F) of this section	398
into the joint legislative ethics committee investigative fund.	399

(H) Division (A) of this section does not apply to a person	400
elected or appointed to the office of precinct, ward, or district	401
committee member under Chapter 3517. of the Revised Code; a	402
presidential elector; a delegate to a national convention; village	403
or township officials and employees; any physician or psychiatrist	404
who is paid a salary or wage in accordance with schedule C of	405
section 124.15 or schedule E-2 of section 124.152 of the Revised	406
Code and whose primary duties do not require the exercise of	407
administrative discretion; or any member of a board, commission,	408
or bureau of any county or city who receives less than one	409
thousand dollars per year for serving in that position.	410

Sec. 904.01.  As used in this chapter, "livestock" means	411
either of the following:	412

(A) Equine animals regardless of the purpose for which they	413
are raised;	414

(B) Any of the following animals that are raised for human	415
food products or fiber:	416

(1) Porcine animals;

417

(2) Bovine animals;

418

(3) Caprine animals;

419

(4) Ovine animals;

420

(5) Poultry;

421

(6) Alpacas;

422

(7) Llamas;

423

(8) Any other animal designated in rules adopted under	424
section 904.03 of the Revised Code.	425

Sec. 904.02.  (A) There is hereby created the Ohio livestock	426
care standards board consisting of the following members:	427

(1) The director of agriculture, who shall be the chairperson	428
of the board;	429

(2) Ten members appointed by the governor with the advice and	430
consent of the senate. The ten members shall be residents of this	431
state and shall include the following:	432

(a) One member representing family farms;

433

(b) One member who is knowledgeable about food safety in this	434
state;	435

(c) Two members representing statewide organizations that	436
represent farmers;	437

(d) One member who is a veterinarian licensed under Chapter	438
4741. of the Revised Code;	439

(e) The state veterinarian in the department of agriculture;

440

(f) The dean of the agriculture department of a college or	441
university located in this state;	442

(g) Two members of the public representing consumers in this	443
state;	444

(h) One member representing a county humane society organized	445
under Chapter 1717. of the Revised Code.	446

(3) One member appointed by the speaker of the house of	447
representatives who shall be a family farmer;	448

(4) One member appointed by the president of the senate who	449
shall be a family farmer.	450

Not more than seven members appointed to the board at any	451
given time shall be of the same political party.	452

(B)(1) The governor, the speaker of the house of	453
representatives, and the president of the senate shall make	454
appointments to the board not later than forty-five days after the	455
effective date of this section.	456

(2) The following initial members of the board appointed by	457
the governor shall be appointed for a term ending January 25,	458
2011:	459

(a) The member representing family farmers;

460

(b) The dean of the agriculture department of a college or	461
university located in this state;	462

(c) The member who is a veterinarian licensed under Chapter	463
4741. of the Revised Code;	464

(d) One of the members of the public representing consumers	465
in this state.	466

(3) The following initial members of the board shall be	467
appointed for a term ending January 15, 2012:	468

(a) The member appointed by the speaker of the house of	469
representatives who is a family farmer;	470

(b) One of the members representing a statewide organization	471
that represents farmers;	472

(c) The member representing a county humane society organized	473
under Chapter 1717. of the Revised Code;	474

(d) The member who is knowledgeable about food safety in this	475
state.	476

(4) The following initial members of the board shall be	477
appointed for a term ending January 15, 2013:	478

(a) The member appointed by the president of the senate who	479
is a family farmer;	480

(b) One of the members of the public representing consumers	481
in this state;	482

(c) One of the members representing a statewide organization	483
that represents farmers.	484

(C) After the initial terms served in accordance with	485
division (B) of this section, terms of office shall be for three	486
years with each term ending on the same day of the same month as	487
did the term that it succeeds. However, the terms for the director	488
of agriculture and the state veterinarian shall coincide with the	489
length of time that the person holds the position of director or	490
state veterinarian, as applicable. If the director or the state	491
veterinarian resigns or that person's employment is terminated,	492
the director or state veterinarian, as applicable, shall cease to	493
serve on the board, and the successor of the director or state	494
veterinarian shall then serve on the board in accordance with this	495
section. Every other member shall hold office from the date of the	496
member's appointment until the end of the term for which the	497
member was appointed.	498

Vacancies on the board shall be filled in the manner provided	499
for original appointments. Any member appointed to fill a vacancy	500
occurring prior to the expiration of the term for which the	501
member's predecessor was appointed shall hold office for the	502
remainder of that term. A member shall continue in office	503
subsequent to the expiration date of the member's term until the	504
member's successor takes office, or until a period of one hundred	505
eighty days has elapsed, whichever occurs first. A member may be	506
reappointed upon the expiration of the member's term.	507

(D) The board shall hold at least three regular meetings each	508
year and may hold additional meetings at times that the	509
chairperson or a majority of the board members considers	510
appropriate. At the three regular meetings held by the board each	511
year, the board shall conduct a review of the rules governing the	512
care and well-being of livestock that have been or are proposed to	513
be adopted under section 904.03 of the Revised Code.	514

At the first meeting of the board in each calendar year, the	515
director shall designate one member of the board to serve as its	516
vice-chairperson. A majority of the board constitutes a quorum.	517
The board may act only if a quorum is present and only by majority	518
vote of that quorum. A vacancy on the board does not impair the	519
right of the other members to exercise all of the board's powers.	520

(E) Serving as an appointed member of the board does not	521
constitute holding a public office or position of employment under	522
the laws of this state and does not constitute grounds for removal	523
of public officers or employees from their offices or positions of	524
employment.	525

(F) Appointed members of the board shall receive no	526
compensation for their services. Members shall be reimbursed for	527
their actual and necessary expenses incurred in the performance of	528
their duties as members. The expenses shall be paid from the Ohio	529
livestock care standards fund created in section 904.06 of the	530
Revised Code. The expenses shall be paid in accordance with the	531
rules and requirements adopted by the department of administrative	532
services that are applicable to state employees.	533

(G) The board may create committees that it deems appropriate	534
to make recommendations to the board. Committees may include	535
nonboard members.	536

Sec. 904.03.  (A) The Ohio livestock care standards board	537
shall adopt rules in accordance with Chapter 119. of the Revised	538
Code governing the care and well-being of livestock in this state.	539
In adopting those rules, the board shall consider the following	540
factors:	541

(1) Best management practices for the care and well-being of	542
livestock;	543

(2) Biosecurity. The rules shall not create a statewide	544
animal identification system.	545

(3) The prevention of disease;

546

(4) Animal morbidity and mortality data;

547

(5) Food safety practices;

548

(6) The protection of local, affordable food supplies for	549
consumers;	550

(7) Generally accepted veterinary medical practices,	551
livestock practice standards, and ethical standards established by	552
the American veterinary medical association;	553

(8) Any other factors that the board considers necessary for	554
the proper care and well-being of livestock in this state.	555

(B) The board shall adopt rules in accordance with Chapter	556
119. of the Revised Code that establish the amount of civil	557
penalties to be assessed against persons who violate the rules	558
adopted under division (A) of this section.	559

(C) The rules adopted under this section do not apply to	560
animals that are confined in research and medical facilities that	561
operate in accordance with "The Guide for the Care and Use of	562
Agricultural Animals in Research and Teaching" published by the	563
federation of animal science societies.	564

Sec. 904.04.  (A) In order to assist the Ohio livestock care	565
standards board in the administration and enforcement of this	566
chapter, the director of agriculture shall do all of the	567
following:	568

(1) Hire all employees of the board, including an executive	569
director. Employees of the board shall be in the unclassified	570
civil service, serve at the pleasure of the director of	571
agriculture, and be compensated with money from the Ohio livestock	572
care standards fund created in section 904.06 of the Revised Code.	573

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

574

(3) Do all of the following with regard to rules governing	575
the care and well-being of livestock adopted by the board under	576
section 904.03 of the Revised Code:	577

(a) Process and submit the rules to the joint committee on	578
agency rule review pursuant to Chapter 119. of the Revised Code;	579

(b) Contract for surveys and analyses;

580

(c) Perform any other activities that assist the board in	581
adopting the rules.	582

(4) Publish and distribute information related to livestock	583
care, including educational materials, to livestock producers and	584
members of the public;	585

(5) Investigate complaints regarding violations of the rules	586
adopted under section 904.03 of the Revised Code in accordance	587
with the authority granted by this chapter, sections 901.25 to	588
901.29 of the Revised Code, and rules adopted under this chapter	589
and section 901.03 of the Revised Code;	590

(6) Enforce the rules adopted under section 904.03 of the	591
Revised Code and levy the civil penalties established by those	592
rules. The director may apply to a court of competent jurisdiction	593
for a temporary or permanent injunction or other appropriate	594
relief for violations of this chapter and rules adopted under it.	595
For purposes of this division, the court of competent jurisdiction	596
shall be either the court of common pleas of Licking county or the	597
court of common pleas of the county where the violation is	598
occurring.	599

(7) Perform any other duties necessary to assist the board in	600
the administration and enforcement of this chapter.	601

(B) With the consent of the premises owner and, if the	602
premises owner is different from the livestock owner, the	603
livestock owner, the director or the director's authorized	604
representative may enter at all reasonable times on any premises	605
for the purpose of determining compliance with the rules adopted	606
under section 904.03 of the Revised Code. If the director or the	607
director's authorized representative is denied access to the	608
premises and the director or the director's authorized	609
representative suspects that those rules are not being complied	610
with, the director may apply for a search warrant authorizing	611
access from a court of competent jurisdiction. The court shall	612
issue the search warrant if there is probable cause. Probable	613
cause may be based on hearsay, provided that there is substantial	614
basis for believing the source is credible and there is factual	615
basis for the information.	616

Upon entry on premises in accordance with this division, the	617
director or the director's authorized representative shall observe	618
biosecurity measures in order to prevent spreading disease and	619
infecting livestock.	620

Sec. 904.05.  No person shall do either of the following:

621

(A) Falsify any plans, specifications, data, reports,	622
records, or other information required by this chapter or rules	623
adopted under it to be kept or submitted to the director of	624
agriculture or the Ohio livestock care standards board;	625

(B) Violate any provision of this chapter or any order, rule,	626
or determination of the director or board issued, adopted, or made	627
under this chapter or rules adopted under it.	628

Sec. 904.06.  (A) All money appropriated by the general	629
assembly for use by the Ohio livestock care standards board, all	630
money collected from civil penalties under this chapter, any money	631
transferred from the commercial feed and seed fund under section	632
923.46 of the Revised Code, and all money donated to the	633
department of agriculture or the board for the purposes of	634
advancing livestock care shall be deposited in the state treasury	635
to the credit of the Ohio livestock care standards fund, which is	636
hereby created.	637

(B) Money credited to the fund shall be used by the director	638
of agriculture to carry out the purposes of this chapter,	639
including the administration and enforcement costs of the	640
department of agriculture and the compensation of employees of the	641
Ohio livestock care standards board.	642

Sec. 904.07.  The authority granted to the Ohio livestock	643
care standards board and the director of agriculture by this	644
chapter does not detract from or expand the authority or	645
obligations of county humane societies or county officials under	646
Chapter 1717. of the Revised Code.	647

Sec. 904.08.  The authority granted to the Ohio livestock	648
care standards board and the director of agriculture by this	649
chapter does not apply to food processing production activity that	650
is regulated by the department of agriculture under Title IX of	651
the Revised Code.	652

Section 2. That existing section 102.02 of the Revised Code	653
is hereby repealed.	654

Section 3. That Section 211.10 of Am. Sub. H.B. 1 of the	655
128th General Assembly be amended to read as follows:	656

Sec. 211.10. AGR DEPARTMENT OF AGRICULTURE

657

General Revenue Fund	658

GRF	700401		Animal Disease Control		$	3,730,436		$	3,713,876		659
GRF	700403		Dairy Division		$	1,173,700		$	1,163,700		660
GRF	700404		Ohio Proud		$	196,895		$	196,895		661
GRF	700406		Consumer Analytical Lab		$	1,321,771		$	1,289,982		662
GRF	700407		Food Safety		$	875,043		$	875,043		663
GRF	700409		Farmland Preservation		$	200,000		$	200,000		664
GRF	700411		International Trade and Market Development		$	529,548		$	507,005		665
GRF	700412		Weights and Measures		$	200,000		$	200,000		666
GRF	700415		Poultry Inspection		$	400,401		$	400,401		667
GRF	700418		Livestock Regulation Program		$	1,322,784		$	1,343,676		668
GRF	700424		Livestock Testing and Inspections		$	120,906		$	120,906		669
GRF	700499		Meat Inspection Program - State Share		$	4,920,926		$	4,960,926		670
GRF	700501		County Agricultural Societies		$	414,903		$	434,903		671
TOTAL GRF General Revenue Fund					$	15,407,313		$	15,407,313		672

General Services Fund Group	673

5DA0	700644		Laboratory Administration Support		$	1,100,000		$	1,100,000		674
5GH0	700655		Central Support Indirect Cost		$	5,713,404		$	5,713,404		675
TOTAL GSF General Services Fund Group					$	6,813,404		$	6,813,404		676

Federal Special Revenue Fund Group	677

3260	700618		Meat Inspection Program - Federal Share		$	4,950,000		$	4,950,000		678
3360	700617		Ohio Farm Loan Revolving Fund		$	1,000,000		$	1,000,000		679
3820	700601		Cooperative Contracts		$	2,000,000		$	2,000,000		680
3AB0	700641		Agricultural Easement		$	1,000,000		$	1,000,000		681
3J40	700607		Indirect Cost		$	600,000		$	600,000		682
3R20	700614		Federal Plant Industry		$	1,000,000		$	1,000,000		683
TOTAL FED Federal Special Revenue											684
Fund Group					$	10,550,000		$	10,550,000		685

State Special Revenue Fund Group	686

4900	700651		License Plates - Sustainable Agriculture		$	20,000		$	20,000		687
4940	700612		Agricultural Commodity Marketing Program		$	250,000		$	250,000		688
4960	700626		Ohio Grape Industries		$	849,999		$	849,999		689
4970	700627		Commodity Handlers Regulatory Program		$	496,000		$	496,000		690
4C90	700605		Commercial Feed and Seed		$	2,200,000		$	2,200,000		691
4D20	700609		Auction Education		$	41,000		$	41,000		692
4E40	700606		Utility Radiological Safety		$	134,631		$	134,631		693
4P70	700610		Food Safety Inspection		$	1,099,396		$	1,099,396		694
4R00	700636		Ohio Proud Marketing		$	10,500		$	10,500		695
4R20	700637		Dairy Industry Inspection		$	1,800,000		$	1,800,000		696
4T60	700611		Poultry and Meat Inspection		$	140,469		$	140,469		697
4T70	700613		Ohio Proud International and Domestic Market Development		$	15,000		$	15,000		698
5780	700620		Ride Inspection Fees		$	1,000,001		$	1,000,001		699
5B80	700629		Auctioneers		$	365,390		$	365,390		700
5CP0	700652		License Plate Scholarships		$	20,000		$	20,000		701
5FC0	700648		Plant Pest Program		$	1,000,000		$	1,000,000		702
5H20	700608		Metrology Lab and Scale Certification		$	1,454,006		$	1,454,006		703
5HP0	700656		Livestock Care Standards Board		$	0		$	162,280		704
5L80	700604		Livestock Management Program		$	256,286		$	256,286		705
6520	700634		Animal and Consumer Analytical Laboratory		$	4,400,000		$	4,400,000		706
6690	700635		Pesticide, Fertilizer, and Lime Inspection Program		$	3,470,000		$	3,470,000		707
TOTAL SSR State Special Revenue											708
Fund Group					$	19,022,678		$	19,022,678 19,184,958		709

Clean Ohio Conservation Fund Group	710

7057	700632		Clean Ohio Agricultural Easement		$	149,000		$	149,000		711
TOTAL CLF Clean Ohio Conservation Fund Group					$	149,000		$	149,000		712

TOTAL ALL BUDGET FUND GROUPS

$

51,942,395

$

51,942,395 52,104,675

713

COUNTY AGRICULTURAL SOCIETIES

714

The foregoing appropriation item 700501, County Agricultural	715
Societies, shall be used to reimburse county and independent	716
agricultural societies for expenses related to Junior Fair	717
activities.	718

COMMERCIAL FEED AND SEED FUND TRANSFER

719

On July 1, 2009, or as soon as possible thereafter, the	720
Director of Budget and Management shall transfer thirty-two per	721
cent of the cash balance in the Commercial Feed and Seed Fund	722
(Fund 4C90) as of June 30, 2009, to the Pesticide, Fertilizer, and	723
Lime Inspection Program Fund (Fund 6690). The Director shall	724
cancel existing encumbrances against appropriation item 700605,	725
Commercial Feed and Seed, and re-establish them against	726
appropriation item 700635, Pesticide, Fertilizer, and Lime	727
Inspection Program. The re-established encumbrance amounts are	728
hereby appropriated.	729

PESTICIDE, FERTILIZER, AND LIME INSPECTION FUND TRANSFER

730

On July, 1, 2009, or as soon as possible thereafter, the	731
Director of Budget and Management shall transfer $600,000 in cash	732
from the Pesticide, Fertilizer, and Lime Inspection Fund (Fund	733
6690) to the Plant Pest Program Fund (Fund 5FC0).	734

LIVESTOCK CARE STANDARDS BOARD

735

On July 1, 2010, or as soon as possible thereafter, the	736
Director of Budget and Management shall transfer $162,280 cash	737
from the GRF to the Ohio Livestock Care Standards Fund (Fund	738
5HP0). The amount is hereby appropriated.	739

CLEAN OHIO AGRICULTURAL EASEMENT

740

The foregoing appropriation item 700632, Clean Ohio	741
Agricultural Easement, shall be used by the Department of	742
Agriculture in administering sections 901.21, 901.22, and 5301.67	743
to 5301.70 of the Revised Code.	744

Section 4. That existing Section 211.10 of Am. Sub. H.B. 1 of	745
the 128th General Assembly is hereby repealed.	746

Section 5. That Section 265.10 of Am. Sub. H.B. 1 of the	747
128th General Assembly, as amended by Sub. H.B. 318 of the 128th	748
General Assembly, be amended to read as follows:	749

Sec. 265.10. EDU DEPARTMENT OF EDUCATION

750

General Revenue Fund	751

GRF	200100		Personal Services		$	10,490,789		$	10,723,972		752
GRF	200320		Maintenance and Equipment		$	3,110,071		$	3,144,897		753
GRF	200408		Early Childhood Education		$	23,268,341		$	23,268,341		754
GRF	200416		Career-Technical Education Match		$	2,233,195		$	2,233,195		755
GRF	200420		Computer/Application/ Network Development		$	4,880,871		$	4,880,871		756
GRF	200421		Alternative Education Programs		$	7,814,479		$	7,918,749		757
GRF	200422		School Management Assistance		$	1,950,521		$	3,230,469		758
GRF	200424		Policy Analysis		$	356,311		$	361,065		759
GRF	200425		Tech Prep Consortia Support		$	1,243,943		$	1,260,542		760
GRF	200426		Ohio Educational Computer Network		$	20,156,602		$	20,425,556		761
GRF	200427		Academic Standards		$	5,300,074		$	5,300,074		762
GRF	200431		School Improvement Initiatives		$	7,294,175		$	7,391,503		763
GRF	200437		Student Assessment		$	55,954,648		$	56,703,265		764
GRF	200439		Accountability/Report Cards		$	3,804,673		$	3,804,673		765
GRF	200442		Child Care Licensing		$	865,590		$	877,140		766
GRF	200446		Education Management Information System		$	13,199,152		$	11,934,284		767
GRF	200447		GED Testing		$	975,536		$	988,553		768
GRF	200448		Educator Preparation		$	1,310,750		$	1,328,240		769
GRF	200455		Community Schools		$	1,000,000		$	1,000,000		770
GRF	200457		STEM Initiatives		$	5,000,000		$	5,000,000		771
GRF	200458		School Employees Health Care Board		$	800,000		$	800,000 637,720		772
GRF	200502		Pupil Transportation		$	448,022,619		$	462,822,619		773
GRF	200505		School Lunch Match		$	9,100,000		$	9,100,000		774
GRF	200511		Auxiliary Services		$	111,979,388		$	111,979,388		775
GRF	200532		Nonpublic Administrative Cost Reimbursement		$	50,838,939		$	50,838,939		776
GRF	200540		Special Education Enhancements		$	134,150,233		$	135,820,668		777
GRF	200545		Career-Technical Education Enhancements		$	7,752,662		$	7,802,699		778
GRF	200550		Foundation Funding		$	5,415,906,323		$	5,312,560,800		779
GRF	200551		Foundation Funding – Federal Stimulus		$	387,583,913		$	457,449,362		780
GRF	200578		Violence Prevention and School Safety		$	200,000		$	200,000		781
GRF	200901		Property Tax Allocation - Education		$	1,053,262,363		$	1,020,655,157		782
TOTAL GRF General Revenue Fund					$	7,789,806,161		$	7,741,805,021 7,741,642,741		783

General Services Fund Group	784

1380	200606		Computer Services-Operational Support		$	7,600,091		$	7,600,091		785
4520	200638		Miscellaneous Educational Services		$	275,000		$	275,000		786
4L20	200681		Teacher Certification and Licensure		$	8,013,206		$	8,147,756		787
5960	200656		Ohio Career Information System		$	529,761		$	529,761		788
5H30	200687		School District Solvency Assistance		$	18,000,000		$	18,000,000		789
TOTAL GSF General Services											790
Fund Group					$	34,418,058		$	34,552,608		791

Federal Special Revenue Fund Group	792

3090	200601		Educationally Disadvantaged Programs		$	8,405,512		$	8,405,512		793
3670	200607		School Food Services		$	6,324,707		$	6,577,695		794
3680	200614		Veterans' Training		$	778,349		$	793,846		795
3690	200616		Career-Technical Education Federal Enhancement		$	5,000,000		$	5,000,000		796
3700	200624		Education of Exceptional Children		$	2,664,000		$	2,755,000		797
3740	200647		Troops to Teachers		$	100,000		$	100,000		798
3780	200660		Learn and Serve		$	619,211		$	619,211		799
3AF0	200603		Schools Medicaid Administrative Claims		$	639,000		$	639,000		800
3AN0	200671		School Improvement Grants		$	17,909,676		$	17,936,675		801
3AX0	200698		Improving Health and Educational Outcomes of Young People		$	630,954		$	630,954		802
3BK0	200628		Longitudinal Data Systems		$	100,000		$	0		803
3BV0	200636		Character Education		$	700,000		$	0		804
3C50	200661		Early Childhood Education		$	14,189,711		$	14,554,749		805
3CF0	200644		Foreign Language Assistance		$	25,000		$	0		806
3CG0	200646		Teacher Incentive Fund		$	3,007,975		$	1,157,834		807
3D10	200664		Drug Free Schools		$	13,347,966		$	13,347,966		808
3D20	200667		Honors Scholarship Program		$	6,990,000		$	6,985,000		809
3DJ0	200699		IDEA Part B - Federal Stimulus		$	218,868,026		$	218,868,026		810
3DK0	200642		Title 1A - Federal Stimulus		$	186,336,737		$	186,336,737		811
3DL0	200650		IDEA Preschool - Federal Stimulus		$	6,679,679		$	6,679,679		812
3DM0	200651		Title IID Technology - Federal Stimulus		$	11,951,000		$	11,951,000		813
3DP0	200652		Title I School Improvement - Federal Stimulus		$	54,221,000		$	54,221,000		814
3H90	200605		Head Start Collaboration Project		$	225,000		$	225,000		815
3L60	200617		Federal School Lunch		$	295,421,000		$	310,150,675		816
3L70	200618		Federal School Breakfast		$	80,850,000		$	84,892,500		817
3L80	200619		Child/Adult Food Programs		$	89,250,000		$	93,712,500		818
3L90	200621		Career-Technical Education Basic Grant		$	48,029,701		$	48,029,701		819
3M00	200623		ESEA Title 1A		$	530,000,000		$	530,010,000		820
3M10	200678		Innovative Education		$	1,000,000		$	0		821
3M20	200680		Individuals with Disabilities Education Act		$	413,391,594		$	421,241,163		822
3S20	200641		Education Technology		$	9,487,397		$	9,487,397		823
3T40	200613		Public Charter Schools		$	14,275,618		$	14,291,353		824
3Y20	200688		21st Century Community Learning Centers		$	36,000,000		$	36,000,000		825
3Y40	200632		Reading First		$	27,366,373		$	24,455,172		826
3Y60	200635		Improving Teacher Quality		$	101,778,397		$	101,778,400		827
3Y70	200689		English Language Acquisition		$	8,142,299		$	8,142,299		828
3Y80	200639		Rural and Low Income Technical Assistance		$	1,500,000		$	1,500,000		829
3Z20	200690		State Assessments		$	12,923,799		$	12,923,799		830
3Z30	200645		Consolidated Federal Grant Administration		$	8,499,279		$	8,499,280		831
3Z70	200697		General Supervisory Enhancement Grant		$	887,319		$	0		832
TOTAL FED Federal Special											833
Revenue Fund Group					$	2,238,516,279		$	2,262,899,123		834

State Special Revenue Fund Group	835

4540	200610		Guidance and Testing		$	450,000		$	450,000		836
4550	200608		Commodity Foods		$	24,000,000		$	24,000,000		837
4R70	200695		Indirect Operational Support		$	6,050,000		$	6,250,000		838
4V70	200633		Interagency Operational Support		$	1,111,838		$	1,117,725		839
5980	200659		Auxiliary Services Reimbursement		$	1,328,910		$	1,328,910		840
5BB0	200696		State Action for Education Leadership		$	1,250,000		$	600,000		841
5BJ0	200626		Half-Mill Maintenance Equalization		$	16,100,000		$	16,600,000		842
5U20	200685		National Education Statistics		$	300,000		$	300,000		843
5W20	200663		Early Learning Initiative		$	2,200,000		$	2,200,000		844
5X90	200911		NGA STEM		$	100,000		$	0		845
6200	200615		Educational Improvement Grants		$	3,000,000		$	3,000,000		846
TOTAL SSR State Special Revenue											847
Fund Group					$	55,890,748		$	55,846,635		848

Lottery Profits Education Fund Group	849

7017	200612		Foundation Funding		$	705,000,000		$	711,000,000		850
TOTAL LPE Lottery Profits											851
Education Fund Group					$	705,000,000		$	711,000,000		852

Revenue Distribution Fund Group	853

7047	200909		School District Property Tax Replacement-Business		$	1,150,207,366		$	1,150,207,366		854
7053	200900		School District Property Tax Replacement-Utility		$	91,123,523		$	91,123,523		855
TOTAL RDF Revenue Distribution											856
Fund Group					$	1,241,330,889		$	1,241,330,889		857
TOTAL ALL BUDGET FUND GROUPS					$	12,064,962,135		$	12,047,434,276 12,047,271,996		858

Section 6. That existing Section 265.10 of Am. Sub. H.B. 1 of	860
the 128th General Assembly, as amended by Sub. H.B. 318 of the	861
128th General Assembly, is hereby repealed.	862