130th Ohio General Assembly
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S. B. No. 233  As Introduced
As Introduced

128th General Assembly
Regular Session
2009-2010
S. B. No. 233


Senator Gibbs 

Cosponsor: Senator Faber 



A BILL
To amend section 102.02 and to enact sections 904.01 to 904.08 of the Revised Code 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.

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:
For state office, except member of the
state board of education $65
For office of member of general assembly $40
For county office $40
For city office $25
For office of member of the state board
of education $25
For office of member of the Ohio livestock care standards board $25
For office of member of a city, local,
exempted village, or cooperative
education board of
education or educational service
center governing board $20
For position of business manager,
treasurer, or superintendent of a
city, local, exempted village, joint
vocational, or cooperative education
school district or
educational service center $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:
(1) Porcine animals;
(2) Bovine animals;
(3) Caprine animals;
(4) Ovine animals;
(5) Poultry;
(6) Alpacas;
(7) Llamas;
(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 deems appropriate to make recommendations to the board. Committees may include nonboard 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.
(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 confined in research and 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.
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) With the consent of the premises owner and, if the premises owner is different from the livestock owner, the livestock owner, the director or the director's authorized representative may enter at all reasonable times on any premises for the purpose of determining compliance with the rules adopted under section 904.03 of the Revised Code. If the director or the director's authorized representative is denied access to the premises and the director or the director's authorized representative suspects that those rules are not being complied with, the director may apply for a search warrant authorizing access from a court of competent jurisdiction. The court shall issue the search warrant if there is probable cause. Probable cause may be based on hearsay, provided that there is substantial basis for believing the source is credible and there is factual basis for the information.
Upon entry on premises in accordance with this division, the director or the director's authorized representative shall observe biosecurity measures in order to prevent spreading disease and infecting livestock.
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) All money appropriated by the general assembly for use by the Ohio livestock care standards board, all money collected from civil penalties under this chapter, any money transferred from the commercial feed and seed fund under section 923.46 of the Revised Code, 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.
(B) 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.
Section 3. That Section 211.10 of Am. Sub. H.B. 1 of the 128th General Assembly be amended to read as follows:
Sec. 211.10. AGR DEPARTMENT OF AGRICULTURE
General Revenue Fund
GRF 700401 Animal Disease Control $ 3,730,436 $ 3,713,876
GRF 700403 Dairy Division $ 1,173,700 $ 1,163,700
GRF 700404 Ohio Proud $ 196,895 $ 196,895
GRF 700406 Consumer Analytical Lab $ 1,321,771 $ 1,289,982
GRF 700407 Food Safety $ 875,043 $ 875,043
GRF 700409 Farmland Preservation $ 200,000 $ 200,000
GRF 700411 International Trade and Market Development $ 529,548 $ 507,005
GRF 700412 Weights and Measures $ 200,000 $ 200,000
GRF 700415 Poultry Inspection $ 400,401 $ 400,401
GRF 700418 Livestock Regulation Program $ 1,322,784 $ 1,343,676
GRF 700424 Livestock Testing and Inspections $ 120,906 $ 120,906
GRF 700499 Meat Inspection Program - State Share $ 4,920,926 $ 4,960,926
GRF 700501 County Agricultural Societies $ 414,903 $ 434,903
TOTAL GRF General Revenue Fund $ 15,407,313 $ 15,407,313

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

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

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

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

TOTAL ALL BUDGET FUND GROUPS $ 51,942,395 $ 51,942,395 52,104,675

COUNTY AGRICULTURAL SOCIETIES
The foregoing appropriation item 700501, County Agricultural Societies, shall be used to reimburse county and independent agricultural societies for expenses related to Junior Fair activities.
COMMERCIAL FEED AND SEED FUND TRANSFER
On July 1, 2009, or as soon as possible thereafter, the Director of Budget and Management shall transfer thirty-two per cent of the cash balance in the Commercial Feed and Seed Fund (Fund 4C90) as of June 30, 2009, to the Pesticide, Fertilizer, and Lime Inspection Program Fund (Fund 6690). The Director shall cancel existing encumbrances against appropriation item 700605, Commercial Feed and Seed, and re-establish them against appropriation item 700635, Pesticide, Fertilizer, and Lime Inspection Program. The re-established encumbrance amounts are hereby appropriated.
PESTICIDE, FERTILIZER, AND LIME INSPECTION FUND TRANSFER
On July, 1, 2009, or as soon as possible thereafter, the Director of Budget and Management shall transfer $600,000 in cash from the Pesticide, Fertilizer, and Lime Inspection Fund (Fund 6690) to the Plant Pest Program Fund (Fund 5FC0).
LIVESTOCK CARE STANDARDS BOARD
On July 1, 2010, or as soon as possible thereafter, the Director of Budget and Management shall transfer $162,280 cash from the GRF to the Ohio Livestock Care Standards Fund (Fund 5HP0). The amount is hereby appropriated.
CLEAN OHIO AGRICULTURAL EASEMENT
The foregoing appropriation item 700632, Clean Ohio Agricultural Easement, shall be used by the Department of Agriculture in administering sections 901.21, 901.22, and 5301.67 to 5301.70 of the Revised Code.
Section 4. That existing Section 211.10 of Am. Sub. H.B. 1 of the 128th General Assembly is hereby repealed.
Section 5. That Section 265.10 of Am. Sub. H.B. 1 of the 128th General Assembly, as amended by Sub. H.B. 318 of the 128th General Assembly, be amended to read as follows:
Sec. 265.10. EDU DEPARTMENT OF EDUCATION
General Revenue Fund
GRF 200100 Personal Services $ 10,490,789 $ 10,723,972
GRF 200320 Maintenance and Equipment $ 3,110,071 $ 3,144,897
GRF 200408 Early Childhood Education $ 23,268,341 $ 23,268,341
GRF 200416 Career-Technical Education Match $ 2,233,195 $ 2,233,195
GRF 200420 Computer/Application/ Network Development $ 4,880,871 $ 4,880,871
GRF 200421 Alternative Education Programs $ 7,814,479 $ 7,918,749
GRF 200422 School Management Assistance $ 1,950,521 $ 3,230,469
GRF 200424 Policy Analysis $ 356,311 $ 361,065
GRF 200425 Tech Prep Consortia Support $ 1,243,943 $ 1,260,542
GRF 200426 Ohio Educational Computer Network $ 20,156,602 $ 20,425,556
GRF 200427 Academic Standards $ 5,300,074 $ 5,300,074
GRF 200431 School Improvement Initiatives $ 7,294,175 $ 7,391,503
GRF 200437 Student Assessment $ 55,954,648 $ 56,703,265
GRF 200439 Accountability/Report Cards $ 3,804,673 $ 3,804,673
GRF 200442 Child Care Licensing $ 865,590 $ 877,140
GRF 200446 Education Management Information System $ 13,199,152 $ 11,934,284
GRF 200447 GED Testing $ 975,536 $ 988,553
GRF 200448 Educator Preparation $ 1,310,750 $ 1,328,240
GRF 200455 Community Schools $ 1,000,000 $ 1,000,000
GRF 200457 STEM Initiatives $ 5,000,000 $ 5,000,000
GRF 200458 School Employees Health Care Board $ 800,000 $ 800,000 637,720
GRF 200502 Pupil Transportation $ 448,022,619 $ 462,822,619
GRF 200505 School Lunch Match $ 9,100,000 $ 9,100,000
GRF 200511 Auxiliary Services $ 111,979,388 $ 111,979,388
GRF 200532 Nonpublic Administrative Cost Reimbursement $ 50,838,939 $ 50,838,939
GRF 200540 Special Education Enhancements $ 134,150,233 $ 135,820,668
GRF 200545 Career-Technical Education Enhancements $ 7,752,662 $ 7,802,699
GRF 200550 Foundation Funding $ 5,415,906,323 $ 5,312,560,800
GRF 200551 Foundation Funding – Federal Stimulus $ 387,583,913 $ 457,449,362
GRF 200578 Violence Prevention and School Safety $ 200,000 $ 200,000
GRF 200901 Property Tax Allocation - Education $ 1,053,262,363 $ 1,020,655,157
TOTAL GRF General Revenue Fund $ 7,789,806,161 $ 7,741,805,021 7,741,642,741

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

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

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

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

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

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