S. B. No. 73 As Introduced

Senators Hagan, Fedor

A BILL

To amend sections 923.45 and 3314.03 and to enact 1
sections 3313.816, 3715.41, and 3715.42 of the 2
Revised Code to establish requirements governing 3
the use of antibiotics in livestock and livestock 4
products and to ban the purchase for school meals 5
of poultry products that have been treated with an 6
antibiotic belonging to the class of 7
fluoroquinolone antibiotics. 8

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

       Section 1. That sections 923.45 and 3314.03 be amended and 9
sections 3313.816, 3715.41, and 3715.42 of the Revised Code be 10
enacted to read as follows: 11

       Sec. 923.45. (A) The director of agriculture shall publish 12
at least annually in such form as hethe director considers 13
proper: 14

       ~~(A)~~(1) Information concerning the sale of commercial feed, 15
including any production and use data hethe director considers 16
advisable, provided that the data does not disclose the operation 17
of any manufacturer or distributor; 18

       ~~(B)~~(2) A comparison of the analyses of official samples of 19
commercial feeds distributed in this state with the guaranteed 20
analyses on the label. 21

       (B)(1) A distributor of commercial feed or customer-formula 22
feed shall report to the director, on a form prescribed by the 23
director, all sales by the distributor of feed that contains 24
antibiotics. The report shall include all of the following: 25

       (a) The new animal drug application code and identity of each 26
antibiotic, including its generic and trade name; 27

       (b) The quantity of the antibiotic-containing feed sold; 28

       (c) The percentage of antibiotic per volume of feed; 29

       (d) The claimed use, targeted species, and age group for 30
which the antibiotic will be used; 31

       (e) Any other information that the director considers 32
necessary. 33

       (2) Beginning on January 1, 2006, and annually thereafter, 34
the director shall compile the information that is provided under 35
division (B)(1) of this section and publish notice on the 36
department of agriculture's web site that the information is 37
available. 38

       (3) The director may impose fees on distributors of 39
commercial feed and customer-formula feed to pay the costs 40
incurred by the department in collecting, collating, and 41
disseminating information pursuant to division (B) of this 42
section. The fees shall not exceed those costs. 43

       Sec. 3313.816. (A) No city, local, exempted village, or 44
joint vocational school district or educational service center 45
shall expend state funds or district or service center revenue to 46
purchase for consumption by students poultry products that have 47
been treated with an antibiotic belonging to the class of 48
fluoroquinolone antibiotics. 49

       (B) As used in this section, "poultry product" has the same 50
meaning as in section 918.21 of the Revised Code. 51

       Sec. 3314.03. A copy of every contract entered into under 52
this section shall be filed with the superintendent of public 53
instruction. 54

       (A) Each contract entered into between a sponsor and the 55
governing authority of a community school shall specify the 56
following: 57

       (1) That the school shall be established as either of the 58
following: 59

       (a) A nonprofit corporation established under Chapter 1702. 60
of the Revised Code, if established prior to April 8, 2003; 61

       (b) A public benefit corporation established under Chapter 62
1702. of the Revised Code, if established after April 8, 2003;. 63

       (2) The education program of the school, including the 64
school's mission, the characteristics of the students the school 65
is expected to attract, the ages and grades of students, and the 66
focus of the curriculum; 67

       (3) The academic goals to be achieved and the method of 68
measurement that will be used to determine progress toward those 69
goals, which shall include the statewide achievement tests; 70

       (4) Performance standards by which the success of the school 71
will be evaluated by the sponsor; 72

       (5) The admission standards of section 3314.06 of the Revised 73
Code; 74

       (6)(a) Dismissal procedures; 75

       (b) A requirement that the governing authority adopt an 76
attendance policy that includes a procedure for automatically 77
withdrawing a student from the school if the student without a 78
legitimate excuse fails to participate in one hundred five 79
consecutive hours of the learning opportunities offered to the 80
student. Such a policy shall provide for withdrawing the student 81
by the end of the thirtieth day after the student has failed to 82
participate as required under this division. 83

       (7) The ways by which the school will achieve racial and 84
ethnic balance reflective of the community it serves; 85

       (8) Requirements for financial audits by the auditor of 86
state. The contract shall require financial records of the school 87
to be maintained in the same manner as are financial records of 88
school districts, pursuant to rules of the auditor of state, and 89
the audits shall be conducted in accordance with section 117.10 of 90
the Revised Code. 91

       (9) The facilities to be used and their locations; 92

       (10) Qualifications of teachers, including a requirement that 93
the school's classroom teachers be licensed in accordance with 94
sections 3319.22 to 3319.31 of the Revised Code, except that a 95
community school may engage noncertificated persons to teach up to 96
twelve hours per week pursuant to section 3319.301 of the Revised 97
Code; 98

       (11) That the school will comply with the following 99
requirements: 100

       (a) The school will provide learning opportunities to a 101
minimum of twenty-five students for a minimum of nine hundred 102
twenty hours per school year;. 103

       (b) The governing authority will purchase liability 104
insurance, or otherwise provide for the potential liability of the 105
school;. 106

       (c) The school will be nonsectarian in its programs, 107
admission policies, employment practices, and all other 108
operations, and will not be operated by a sectarian school or 109
religious institution;. 110

       (d) The school will comply with sections 9.90, 9.91, 109.65, 111
121.22, 149.43, 2151.358, 2151.421, 2313.18, 3301.0710, 3301.0711, 112
3301.0712, 3301.0715, 3313.50, 3313.608, 3313.6012, 3313.643, 113
3313.648, 3313.66, 3313.661, 3313.662, 3313.67, 3313.671, 114
3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 3313.80, 3313.816, 115
3313.96, 3319.073, 3319.321, 3319.39, 3321.01, 3321.13, 3321.14, 116
3321.17, 3321.18, 3321.19, 3321.191, 3327.10, 4111.17, 4113.52, 117
and 5705.391 and Chapters 117., 1347., 2744., 3365., 3742., 4112., 118
4123., 4141., and 4167. of the Revised Code as if it were a school 119
district and will comply with section 3301.0714 of the Revised 120
Code in the manner specified in section 3314.17 of the Revised 121
Code;. 122

       (e) The school shall comply with Chapter 102. of the Revised 123
Code, except that nothing in that chapter shall prohibit a member 124
of the school's governing board from also being an employee of the 125
school and nothing in that chapter or section 2921.42 of the 126
Revised Code shall prohibit a member of the school's governing 127
board from having an interest in a contract into which the 128
governing board enters that is not a contract with a for-profit 129
firm for the operation or management of a school under the 130
auspices of the governing authority;. 131

       (f) The school will comply with sections 3313.61, 3313.611, 132
and 3313.614 of the Revised Code, except that the requirement in 133
sections 3313.61 and 3313.611 of the Revised Code that a person 134
must successfully complete the curriculum in any high school prior 135
to receiving a high school diploma may be met by completing the 136
curriculum adopted by the governing authority of the community 137
school rather than the curriculum specified in Title XXXIII of the 138
Revised Code or any rules of the state board of education;. 139

       (g) The school governing authority will submit within four 140
months after the end of each school year a report of its 141
activities and progress in meeting the goals and standards of 142
divisions (A)(3) and (4) of this section and its financial status 143
to the sponsor, the parents of all students enrolled in the 144
school, and the legislative office of education oversight. The 145
school will collect and provide any data that the legislative 146
office of education oversight requests in furtherance of any study 147
or research that the general assembly requires the office to 148
conduct, including the studies required under Section 50.39 of Am. 149
Sub. H.B. 215 of the 122nd general assembly and Section 50.52.2 of 150
Am. Sub. H.B. 215 of the 122nd general assembly, as amended. 151

       (12) Arrangements for providing health and other benefits to 152
employees; 153

       (13) The length of the contract, which shall begin at the 154
beginning of an academic year. No contract shall exceed five years 155
unless ~~such~~the contract has been renewed pursuant to division (E) 156
of this section. 157

       (14) The governing authority of the school, which shall be 158
responsible for carrying out the provisions of the contract; 159

       (15) A financial plan detailing an estimated school budget 160
for each year of the period of the contract and specifying the 161
total estimated per pupil expenditure amount for each such year. 162
The plan shall specify for each year the base formula amount that 163
will be used for purposes of funding calculations under section 164
3314.08 of the Revised Code. This base formula amount for any year 165
shall not exceed the formula amount defined under section 3317.02 166
of the Revised Code. The plan may also specify for any year a 167
percentage figure to be used for reducing the per pupil amount of 168
disadvantaged pupil impact aid calculated pursuant to section 169
3317.029 of the Revised Code the school is to receive that year 170
under section 3314.08 of the Revised Code. 171

       (16) Requirements and procedures regarding the disposition of 172
employees of the school in the event the contract is terminated or 173
not renewed pursuant to section 3314.07 of the Revised Code; 174

       (17) Whether the school is to be created by converting all or 175
part of an existing public school or is to be a new start-up 176
school, and if it is a converted public school, specification of 177
any duties or responsibilities of an employer that the board of 178
education that operated the school before conversion is delegating 179
to the governing board of the community school with respect to all 180
or any specified group of employees, provided that the delegation 181
is not prohibited by a collective bargaining agreement applicable 182
to such employees; 183

       (18) Provisions establishing procedures for resolving 184
disputes or differences of opinion between the sponsor and the 185
governing authority of the community school; 186

       (19) A provision requiring the governing authority to adopt a 187
policy regarding the admission of students who reside outside the 188
district in which the school is located. That policy shall comply 189
with the admissions procedures specified in section 3314.06 of the 190
Revised Code and, at the sole discretion of the authority, shall 191
do one of the following: 192

       (a) Prohibit the enrollment of students who reside outside 193
the district in which the school is located; 194

       (b) Permit the enrollment of students who reside in districts 195
adjacent to the district in which the school is located; 196

       (c) Permit the enrollment of students who reside in any other 197
district in the state. 198

       (20) A provision recognizing the authority of the department 199
of education to take over the sponsorship of the school in 200
accordance with ~~the provisions of~~ division (C) of section 3314.015 201
of the Revised Code; 202

       (21) A provision recognizing the sponsor's authority to 203
assume the operation of a school under the conditions specified in 204
division (B) of section 3314.073 of the Revised Code; 205

        (22) A provision recognizing both of the following: 206

       (a) The authority of public health and safety officials to 207
inspect the facilities of the school and to order the facilities 208
closed if those officials find that the facilities are not in 209
compliance with health and safety laws and regulations; 210

       (b) The authority of the department of education as the 211
community school oversight body to suspend the operation of the 212
school under section 3314.072 of the Revised Code if the 213
department has evidence of conditions or violations of law at the 214
school that pose an imminent danger to the health and safety of 215
the school's students and employees and the sponsor refuses to 216
take such action; 217

        (23) A description of the learning opportunities that will be 218
offered to students including both classroom-based and 219
non-classroom-based learning opportunities that is in compliance 220
with criteria for student participation established by the 221
department under division (L)(2) of section 3314.08 of the Revised 222
Code; 223

       (24) The school will comply with section 3302.04 of the 224
Revised Code, including division (E) of that section to the extent 225
possible, except that any action required to be taken by a school 226
district pursuant to that section shall be taken by the sponsor of 227
the school. However, the sponsor shall not be required to take any 228
action described in division (F) of that section. 229

       (B) The community school shall also submit to the sponsor a 230
comprehensive plan for the school. The plan shall specify the 231
following: 232

       (1) The process by which the governing authority of the 233
school will be selected in the future; 234

       (2) The management and administration of the school; 235

       (3) If the community school is a currently existing public 236
school, alternative arrangements for current public school 237
students who choose not to attend the school and teachers who 238
choose not to teach in the school after conversion; 239

       (4) The instructional program and educational philosophy of 240
the school; 241

       (5) Internal financial controls. 242

       (C) A contract entered into under section 3314.02 of the 243
Revised Code between a sponsor and the governing authority of a 244
community school may provide for the community school governing 245
authority to make payments to the sponsor, which is hereby 246
authorized to receive such payments as set forth in the contract 247
between the governing authority and the sponsor. The total amount 248
of such payments for oversight and monitoring of the school shall 249
not exceed three per cent of the total amount of payments for 250
operating expenses that the school receives from the state. 251

       (D) The contract shall specify the duties of the sponsor, 252
which shall be in accordance with the written agreement entered 253
into with the department of education under division (B) of 254
section 3314.015 of the Revised Code and shall include the 255
following: 256

        (1) Monitor the community school's compliance with all laws 257
applicable to the school and with the terms of the contract; 258

        (2) Monitor and evaluate the academic and fiscal performance 259
and the organization and operation of the community school on at 260
least an annual basis; 261

        (3) Report on an annual basis the results of the evaluation 262
conducted under division (D)(2) of this section to the department 263
of education and to the parents of students enrolled in the 264
community school; 265

        (4) Provide technical assistance to the community school in 266
complying with laws applicable to the school and terms of the 267
contract; 268

        (5) Take steps to intervene in the school's operation to 269
correct problems in the school's overall performance, declare the 270
school to be on probationary status pursuant to section 3314.073 271
of the Revised Code, suspend the operation of the school pursuant 272
to section 3314.072 of the Revised Code, or terminate the contract 273
of the school pursuant to section 3314.07 of the Revised Code as 274
determined necessary by the sponsor; 275

        (6) Have in place a plan of action to be undertaken in the 276
event the community school experiences financial difficulties or 277
closes prior to the end of a school year. 278

        (E) Upon the expiration of a contract entered into under this 279
section, the sponsor of a community school may, with the approval 280
of the governing authority of the school, renew that contract for 281
a period of time determined by the sponsor, but not ending earlier 282
than the end of any school year, if the sponsor finds that the 283
school's compliance with applicable laws and terms of the contract 284
and the school's progress in meeting the academic goals prescribed 285
in the contract have been satisfactory. Any contract that is 286
renewed under this division remains subject to ~~the provisions of~~ 287
sections 3314.07, 3314.072, and 3314.073 of the Revised Code. 288

       Sec. 3715.41. (A) A wholesale distributor or terminal 289
distributor of dangerous drugs licensed under Chapter 4729. of the 290
Revised Code or a manufacturer of dangerous drugs in this state 291
who directly distributes dangerous drugs to retail sellers in this 292
state shall report to the state board of pharmacy, on a form 293
prescribed by the board, all sales by the distributor or 294
manufacturer of antibiotics for use on livestock in a time and 295
manner chosen by the board. The report shall include all of the 296
following: 297

       (1) The identity of each antibiotic, including its generic 298
and trade name; 299

       (2) The market status of the antibiotic; 300

       (3) The claimed use and targeted species for which the 301
antibiotic will be used; 302

       (4) Any other information that the board considers necessary. 303

       (B) Beginning on January 1, 2006, and annually thereafter, 304
the board shall compile the information that is provided under 305
division (A) of this section and publish notice on its web site 306
that the information is available. 307

       (C) If disclosure of antibiotic sales data, as required under 308
division (A) of this section, by an individual company, firm, or 309
other entity would reveal legitimate confidential business 310
information, the board shall aggregate the data where possible to 311
avoid disclosure of that confidential business information. Any 312
personal identifying information accompanying the antibiotic sales 313
data shall remain confidential. 314

       (D) The board may impose fees on wholesale distributors and 315
terminal distributors of dangerous drugs licensed under Chapter 316
4729. of the Revised Code and manufacturers of dangerous drugs to 317
pay the costs incurred by the board in collecting, collating, and 318
disseminating information pursuant to this section. The fees shall 319
not exceed those costs. 320

       (E) As used in this section and section 3715.42 of the 321
Revised Code: 322

       (1) "Livestock" has the same meaning as in section 901.70 of 323
the Revised Code. 324

       (2) "Retail seller" has the same meaning as in section 325
4729.01 of the Revised Code. 326

       Sec. 3715.42. (A) A retail seller of dangerous drugs shall 327
report to the state board of pharmacy, on a form prescribed by the 328
board, all sales of oral and injectable antibiotics for livestock. 329
The report shall include all of the following: 330

       (1) The new animal drug application code and identity of each 331
antibiotic, including its generic and trade name; 332

       (2) The market status of the antibiotic; 333

       (3) The dosage and form of the antibiotic; 334

       (4) The claimed use, targeted species, and age group for 335
which the antibiotic will be used; 336

       (5) Any other information that the board considers necessary. 337

       (B) Beginning on January 1, 2006, and annually thereafter, 338
the board shall compile the information that is provided under 339
division (A) of this section and publish notice on its web site 340
that the information is available. 341

       (C) The board may impose fees on retail sellers of dangerous 342
drugs that sell oral and injectable antibiotics for livestock to 343
pay the costs incurred by the board in collecting, collating, and 344
disseminating information pursuant to this section. The fees shall 345
not exceed those costs. 346

       Section 2. That existing sections 923.45 and 3314.03 of the 347
Revised Code are hereby repealed. 348

       Section 3. Section 3314.03 of the Revised Code is presented 349
in this act as a composite of the section as amended by both Am. 350
Sub. H.B. 3 and Am. Sub. H.B. 95 of the 125th General Assembly. 351
The General Assembly, applying the principle stated in division 352
(B) of section 1.52 of the Revised Code that amendments are to be 353
harmonized if reasonably capable of simultaneous operation, finds 354
that the composite is the resulting version of the section in 355
effect prior to the effective date of the section as presented in 356
this act. 357

Section 1. That sections 923.45 and 3314.03 be amended and	9
sections 3313.816, 3715.41, and 3715.42 of the Revised Code be	10
enacted to read as follows:	11

Sec. 923.45. (A) The director of agriculture shall publish	12
at least annually in such form as hethe director considers	13
proper:	14

~~(A)~~(1) Information concerning the sale of commercial feed,	15
including any production and use data hethe director considers	16
advisable, provided that the data does not disclose the operation	17
of any manufacturer or distributor;	18

~~(B)~~(2) A comparison of the analyses of official samples of	19
commercial feeds distributed in this state with the guaranteed	20
analyses on the label.	21

(B)(1) A distributor of commercial feed or customer-formula	22
feed shall report to the director, on a form prescribed by the	23
director, all sales by the distributor of feed that contains	24
antibiotics. The report shall include all of the following:	25

(a) The new animal drug application code and identity of each	26
antibiotic, including its generic and trade name;	27

(d) The claimed use, targeted species, and age group for	30
which the antibiotic will be used;	31

(e) Any other information that the director considers	32
necessary.	33

(2) Beginning on January 1, 2006, and annually thereafter,	34
the director shall compile the information that is provided under	35
division (B)(1) of this section and publish notice on the	36
department of agriculture's web site that the information is	37
available.	38

(3) The director may impose fees on distributors of	39
commercial feed and customer-formula feed to pay the costs	40
incurred by the department in collecting, collating, and	41
disseminating information pursuant to division (B) of this	42
section. The fees shall not exceed those costs.	43

Sec. 3313.816. (A) No city, local, exempted village, or	44
joint vocational school district or educational service center	45
shall expend state funds or district or service center revenue to	46
purchase for consumption by students poultry products that have	47
been treated with an antibiotic belonging to the class of	48
fluoroquinolone antibiotics.	49

(B) As used in this section, "poultry product" has the same	50
meaning as in section 918.21 of the Revised Code.	51

Sec. 3314.03. A copy of every contract entered into under	52
this section shall be filed with the superintendent of public	53
instruction.	54

(A) Each contract entered into between a sponsor and the	55
governing authority of a community school shall specify the	56
following:	57

(1) That the school shall be established as either of the	58
following:	59

(a) A nonprofit corporation established under Chapter 1702.	60
of the Revised Code, if established prior to April 8, 2003;	61

(b) A public benefit corporation established under Chapter	62
1702. of the Revised Code, if established after April 8, 2003;.	63

(2) The education program of the school, including the	64
school's mission, the characteristics of the students the school	65
is expected to attract, the ages and grades of students, and the	66
focus of the curriculum;	67

(3) The academic goals to be achieved and the method of	68
measurement that will be used to determine progress toward those	69
goals, which shall include the statewide achievement tests;	70

(4) Performance standards by which the success of the school	71
will be evaluated by the sponsor;	72

(5) The admission standards of section 3314.06 of the Revised	73
Code;	74

(b) A requirement that the governing authority adopt an	76
attendance policy that includes a procedure for automatically	77
withdrawing a student from the school if the student without a	78
legitimate excuse fails to participate in one hundred five	79
consecutive hours of the learning opportunities offered to the	80
student. Such a policy shall provide for withdrawing the student	81
by the end of the thirtieth day after the student has failed to	82
participate as required under this division.	83

(7) The ways by which the school will achieve racial and	84
ethnic balance reflective of the community it serves;	85

(8) Requirements for financial audits by the auditor of	86
state. The contract shall require financial records of the school	87
to be maintained in the same manner as are financial records of	88
school districts, pursuant to rules of the auditor of state, and	89
the audits shall be conducted in accordance with section 117.10 of	90
the Revised Code.	91

(10) Qualifications of teachers, including a requirement that	93
the school's classroom teachers be licensed in accordance with	94
sections 3319.22 to 3319.31 of the Revised Code, except that a	95
community school may engage noncertificated persons to teach up to	96
twelve hours per week pursuant to section 3319.301 of the Revised	97
Code;	98

(11) That the school will comply with the following	99
requirements:	100

(a) The school will provide learning opportunities to a	101
minimum of twenty-five students for a minimum of nine hundred	102
twenty hours per school year;.	103

(b) The governing authority will purchase liability	104
insurance, or otherwise provide for the potential liability of the	105
school;.	106

(c) The school will be nonsectarian in its programs,	107
admission policies, employment practices, and all other	108
operations, and will not be operated by a sectarian school or	109
religious institution;.	110

(d) The school will comply with sections 9.90, 9.91, 109.65,	111
121.22, 149.43, 2151.358, 2151.421, 2313.18, 3301.0710, 3301.0711,	112
3301.0712, 3301.0715, 3313.50, 3313.608, 3313.6012, 3313.643,	113
3313.648, 3313.66, 3313.661, 3313.662, 3313.67, 3313.671,	114
3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 3313.80, 3313.816,	115
3313.96, 3319.073, 3319.321, 3319.39, 3321.01, 3321.13, 3321.14,	116
3321.17, 3321.18, 3321.19, 3321.191, 3327.10, 4111.17, 4113.52,	117
and 5705.391 and Chapters 117., 1347., 2744., 3365., 3742., 4112.,	118
4123., 4141., and 4167. of the Revised Code as if it were a school	119
district and will comply with section 3301.0714 of the Revised	120
Code in the manner specified in section 3314.17 of the Revised	121
Code;.	122