Ohio 133rd General Assembly
The biennial budget remains the center of attention for members of the Ohio General Assembly, but some other bills have made progress since our last legislative update. We will post a separate blog post about the biennial budget soon, but for now here is a review of other legislative activity at the statehouse.
New legislation since our last legislative update
- Senate Bill 159, titled “Grant tax credits to assist beginning farmers.” This bill is essentially the same as House Bill 183, which seeks to provide tax incentives to beginning farmers along with those willing to help them build a farm operation. Introducing the bill in the Senate while the House considers another bill allows the process to potentially go more quickly. Instead of waiting on the House to complete all of its committee hearings and approve the bill, the Senate can start its own process.
- House Bill 223, titled “Alter setback-wind farms of 5 or more megawatts.” In 2014, the Ohio General Assembly modified the distance that wind turbines must be setback from an adjacent property line. House Bill 223 would modify the setback law to base the setback on the distance from the nearest habitable residential structure on a neighboring property instead of the property line. The setback requirement would affect future project certificates, as well as any amendments made to an existing certificate. Click HERE for more information about the bill from the Ohio General Assembly’s website.
Legislation that we continue to follow
Here’s a status update on bills we covered HERE in March and HERE in April. Access each bill’s webpage on the Ohio General Assembly website by clicking on the bill number in the following tables.
Legislation passed by the Senate and currently under consideration in the House
Category |
Bill No. |
Bill Title |
Status |
Hemp |
Decriminalize hemp and license hemp cultivator |
- Passed Senate - Passed House Ag & Natural Resources committee - Awaits vote of the full House of Representatives |
|
Regulations |
Reduce number of regulatory restrictions |
- Passed Senate - Referred to House State & Local Government Committee |
|
Business Law |
Allow corporation to become benefit corporation |
- Passed Senate - Referred to House Civil Justice Committee |
Legislation going through the committee process, but not yet passed in either chamber
Category |
Bill No. |
Bill Title |
Status |
Watershed Planning |
Create state watershed planning structure |
- Completed third hearing in Senate Ag & Natural Resources Committee |
|
Tax |
Allow tax credits to assist beginning farmers |
- Completed second hearing in House Ag & Rural Development Committee |
|
Estate Planning |
Abolish estate by dower |
- Completed third hearing in House Civil Justice Committee |
|
Animals |
Revise humane society law |
- Passed House Ag & Rural Development Committee - Awaits vote of the full House of Representatives |
|
Oil and Gas |
Require oil and gas royalty statements |
- Completed first hearing in House Energy & Natural Resources Committee |
|
Mineral Rights |
Revise requirements governing abandoned mineral rights |
- Completed first hearing in House Energy & Natural Resources Committee |
|
Energy |
Exempt Ohio from daylight savings time |
- Completed first hearing in Senate General Government and Agency Review Committee |
|
Local Gov’t |
Expand township authority-regulate noise in unincorporated areas |
- Completed second hearing in Senate Local Government, Public Safety, & Veterans Affairs Committee |
|
Property |
Change law relating to land installment contracts |
- Completed second hearing in House Civil Justice Committee |
|
Regulation of Alcohol |
Revise alcoholic ice cream law |
- Completed third hearing in House State & Local Government Committee |
|
Regulation of Alcohol |
Exempt small wineries from retail food establishment licensing |
- Completed first hearing in House Health Committee |
Legislation not on the move
These bills have not made much progress. The biggest action taken on each so far has been referring the bill to a committee, but no committee has yet to hold a hearing on any of the bills. Remember that we are in the middle of budget season, and only in the first six months of this legislative cycle, so the bills could still see activity later.
Category |
Bill No. |
Bill Title |
Status |
Animals |
Allow small livestock on residential property |
- Referred to House Ag & Rural Development Committee |
|
Animals |
Establish animal abuse reporting requirements |
- Referred to House Criminal Justice Committee |
|
Energy |
Prohibit homeowner associations placing limits on solar panels |
- Referred to House State & Local Government Committee |
|
Local Gov’t |
Create local government road improvement fund |
- Referred to House Finance Committee |
|
Local Gov’t |
Increase tax revenue allocated to the local government fund |
- Referred to House Ways & Means Committee |
|
Oil and Gas |
Ban taking oil or natural gas from bed of Lake Erie |
- Referred to House Energy & Natural Resources Committee |
|
Oil and Gas |
Revise oil and gas law about brine and well conversions |
- Referred to House Energy & Natural Resources Committee |
|
Regulation of Alcohol |
Promote use of Ohio agricultural goods in alcoholic beverages |
- Referred to House Ag & Rural Development Committee |
|
Tax |
Grant tax exemption for land used for commercial maple syruping |
- Referred to House Ways & Means Committee |
Tags: Ohio 133rd General Assembly, Ohio legislation, Ohio legislature
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We might be in the middle of planting season, but it’s time for another harvest! Here’s our latest gathering of agricultural law news that you may want to know:
Hemp bill completes third hearing in Ohio House committee. The Agriculture and Rural Development Committee in the Ohio House of Representatives completed its third hearing regarding Senate Bill 57 on Tuesday. The bill would decriminalize hemp produced under the regulatory system proposed in the bill. The committee heard testimony from nearly two dozen individuals and organization representatives. None of the witnesses gave testimony in opposition to the bill. Nearly all of the testimony, including the testimony given on behalf of the Ohio Farm Bureau Federation and Ohio Chamber of Commerce, was offered in support of the bill. The Ohio Farmers Union submitted testimony only as an “interested party” rather than as a “proponent,” saying that it supports the principle of hemp decriminalization, but does not believe that the hemp marketing program established in the current version of the bill would be necessary. Click HERE to view the witness testimony regarding Senate Bill 57 on the Ohio General Assembly’s webpage.
Food and Drug Administration sets public hearing on cannabis in food and drinks. The U.S. Food and Drug Administration has set May 31, 2019 as the date of its first hearing on whether to legalize the use of cannabis derived compounds like CBD in foods and drinks. According to the Federal Register, the hearing is open to the public, and intended for the FDA to obtain scientific data and information about the safety, manufacturing, product quality, marketing, labeling, and sale of products containing cannabis or cannabis-derived compounds. The hearing will be held in Maryland on May 31st, but those wishing to submit written or electronic comments may do so until July 2nd. Click HERE for more information from the Federal Register about the hearing.
Cattle ranchers file class action suit against major meatpacking companies. The Ranchers-Cattlemen Action Legal Fund United Stockgrowers of America (R-CALF USA) and six other named parties brought suit against major meatpackers, including Tyson Foods, JBS USA, Cargill, and National Beef Packing Company. Filed in federal court in the Northern District of Illinois, the plaintiffs’ complaint alleges that these meatpackers colluded to suppress the price of fed cattle since at least 2015, and that as a result, the plaintiffs suffered significant economic harm from the deflated prices. When companies agree to set prices for an industry, they engage in collusion, which could violate U.S. antitrust laws. The 121 page complaint includes a number of charts, graphs, and visuals that explain the alleged economic manipulation, along with a thorough history of an alleged pattern of collusion. If the federal judge certifies the class as requested, other cattle ranchers will have the choice of whether to be included in the class or not. This is important in determining whether the unnamed members of the class are bound by a final decision or able to participate in any settlement or final award. Click HERE to view the complaint and learn more about this lawsuit.
Indiana Right-to-Farm law upheld by Court of Appeals of Indiana. When a federal court in North Carolina decided that that state’s right-to-farm law did not protect hog barns operated by Smithfield Foods in lawsuits alleging agricultural nuisance, there was concern that right-to-farm laws in the United States may be in trouble. However, those fears have begun to subside in other states. As we explained in a previous blog post, Ohio’s right-to-farm law provides greater protections from a nuisance lawsuit than North Carolina’s law. Further, the Court of Appeals of Indiana recently upheld the use of Indiana’s Right to Farm Act. In doing so, it upheld a lower court decision that granted summary judgment in favor of the defendant livestock operators. At the start of the case, the plaintiffs alleged that the defendants created a nuisance, acted negligently, and caused a trespass when the defendants constructed and began to operate a new concentrated animal feeding operation in 2013. However, the defendants cited Indiana’s Right to Farm Act as a defense and won. The plaintiffs sought to challenge the constitutionality of the Indiana’s Right to Farm Act, but the appellate court found that the law was within the legislature’s proper authority, did not constitute a taking, and did not improperly set farmers apart for preferential treatment. The original plaintiffs have a few more days to file an appeal with the Indiana Supreme Court. Click HERE to read the appellate court’s opinion.
State of Washington passes cage-free egg production law. Washington is set to join states like Massachusetts and California in requiring egg-laying hens to live free of cages. Once signed into law by the governor, Substitute House Bill 2049 would require poultry operators to use a cage-free housing system that would allow hens to roam within the confined area by 2023. Further, hens must be “provided enrichments that allow them to exhibit natural behaviors including, at minimum, scratch areas, perches, nest boxes, and dust bathing areas.” Farm employees must be able to provide care while standing in the hens’ usable floor space. The bill would also make it illegal to buy, sell, or transport eggs and egg products that were not produced in compliance with the state’s cage free egg production law. The Humane Society of the United States spearheaded the legislative effort on this bill, which initially passed the Washington House of Representatives 90-6 and the Senate 40-6. Click HERE for more information about the bill’s status, and HERE to read the final text of the bill.
Missouri legislature considers ending local regulation of CAFOs. The Missouri General Assembly is considering a pair of bills that would 1) limit the ability of county commissions and health boards from imposing restrictions on confined animal feeding operations that are more stringent than state law, and 2) eliminate the authority of county commissions and health boards from inspecting livestock operations. So far, each bill has passed one chamber of the Missouri General Assembly, and is being considered in the other chamber. Supporters argue that the bills would provide for regulatory consistency across the state in light of varying local regulations. Opponents argue that the bills would harm local jurisdictions from enacting restrictions that better protect the environment than current state law. This debate is similar to recent and ongoing debates in states like Tennessee and Wisconsin over which entities can regulate confined animal feeding operations, and how much. Click HERE for more information about Missouri’s Senate Bill 391, and HERE for more information about Missouri’s House Bill 951.
Tags: ag law harvest, hemp, industrial hemp, CBD, Ohio 133rd General Assembly, right to farm, cage-free, CAFO
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Since our last legislative update in March, Ohio’s legislators and staffers have been busy introducing more legislation. As of this morning, there are 332 bills that have been introduced by members of the Ohio General Assembly since January. Some have already passed both the Ohio House and Senate, but most are still pending. While we cannot write about every pending bill, the following bills relate to agricultural, local government, or natural resource law. In addition to these bills that we have not yet covered, see the end of this post for an update about bills we mentioned in our last blog post.
Tax
- Senate Bill 183, titled “Allow tax credits to assist beginning farmers.” Many agricultural news outlets quickly picked up on this bill. The bill would authorize two nonrefundable tax credits. One is for beginning farmers who attend a financial management program, while the other is for individuals or businesses that sell or rent farmland, livestock, buildings, or equipment to beginning farmers. The Ohio Department of Agriculture would be responsible for certifying individuals as beginning farmers and for approving eligible financial management programs. Click HERE for more information about the bill, and HERE for the current official bill analysis.
- House Bill 109, titled “Grant tax exemption for land used for commercial maple syruping.” The bill would exempt “maple forest land” from having to pay property taxes. The landowner would have to apply for the designation with the Ohio Department of Taxation. Eligible lands are those lands bearing a stand of maple trees where 1) an average of at least thirty taps are drilled each year into at least fifteen different maple trees per acre of land, 2) the harvested sap is incorporated into a maple product for commercial sale, 3) the land is managed under a forest land maintenance plan, and 4) the property has ten or more acres or the sap harvest produces an average yearly gross income of more than $2,500. Note that all four requirements must be met in order to qualify as an exempt maple forest land. Click HERE for more information about the bill.
Real property
- House Bill 103, titled “Change law relating to land installment contracts.” Ohio’s Land Installment Contract Law, which applies to contracts involving properties with a residence but not contracts involving only open farmland, would see some significant changes under this proposed legislation. The bill would shift the burden of paying property taxes and homeowner’s insurance from the buyer to the seller. The seller would also be prohibited from holding a mortgage on the property. The contract would have to include provisions stating that the seller is responsible for all repairs and maintenance on the property. Interest rates would also be capped so that the rate cannot exceed the Treasury bill rate for loans of the same length of time by 2%. For example, if a 5-year land installment contract is entered into on September 7th and the 5-year Treasury bill rate on that day is 2.64%, the interest rate for the land installment contract would not be able to exceed 4.64% under this bill. Click HERE for more information about the bill, and HERE for the current official bill analysis.
Estate planning
- House Bill 209, titled “Abolish estate by dower.” Dower provides a surviving spouse with rights in any real property owned by a decedent spouse. This bill would end dower estates moving forward, but any interests that vest before the change would take effect would still be valid. Click HERE for more information about the bill.
Local government
- Senate Bill 114, titled “Expand township authority-regulate noise in unincorporated area.” A board of township trustees is currently limited to regulate noise coming from either areas zoned as residential or premises where a D liquor permit has been issued. The bill would expand the township’s authority to regulate noise anywhere within the unincorporated territory of the township. However, the bill does not affect another section of the law that exempts agriculture from noise ordinances, so agricultural activities would not be subject to any new noise ordinances, should this law pass. Click HERE for more information about the bill, and HERE for the current official bill analysis.
- Senate Bill 12, titled “Change laws governing traffic law enforcement.” Notably for townships, this bill would prohibit township law enforcement officers or representatives from using a traffic camera on an interstate highway. Click HERE for more information about the bill, and HERE for the current official bill analysis.
Regulation of Alcohol
- House Bill 181, titled “Promote use of Ohio agricultural goods in alcoholic beverages.” The bill would authorize the Ohio Department of Agriculture to create promotional logos that producers of Ohio craft beer and spirits may display on their products. Specifically, the bill would authorize an “Ohio Proud Craft Beer” and an “Ohio Proud Craft Spirits promotion. Click HERE for more information about the bill.
- House Bill 160, titled “Revised alcoholic ice cream law.” Under current Ohio law, those wishing to sell ice cream containing alcohol must obtain an A-5 liquor permit and can only sell the ice cream at the site of manufacture, and that site must be in an election precinct that allows for on- and off-premises consumption of alcohol. This bill would allow the ice cream maker to sell to consumers for off-premises enjoyment and to retailers that are authorized to sell alcohol. Click HERE for more information about the bill.
- House Bill 179, titled “Exempt small wineries from retail food establishment licensing.” The bill would exempt small wineries that produce less than 10,000 gallons of wine annually from having to obtain a retail food establishment license in order to sell commercially prepackaged foods. The sales of the prepackaged foods cannot exceed more than 5% of the winery’s gross annual receipts. The winery would have to notify the permitting authority that it is exempt, and also notify its customers about its exemption. Click HERE for more information about the bill.
Energy
- House Bill 20, titled “Prohibit homeowner associations placing limits on solar panels.” The bill would prohibit homeowners and neighborhood associations, along with civic and other associations, from imposing unreasonable restrictions on the installation of solar collector systems on roofs or exterior walls under the ownership or exclusive use of a property owner. Condominium properties would similar be prohibited from imposing unreasonable restrictions where there are no competing uses for the roof or wall space where a solar collector system would be located. According to the bill analysis, an unreasonable limitation is one that significantly increases the cost or significantly decreases the efficiency of a solar collector system. Individual unit owners would also have the right to negotiate a solar access easement. Click HERE or more information about the bill, and HERE for the current official bill analysis.
- Senate Bill 119, titled “Exempt Ohio from daylight savings time.” The bill would require Ohio to observe Daylight Savings Time on a permanent basis effective March 8, 2020. The state’s clocks would spring forward in March, but there would be no falling back in the fall. Click HERE for more information about the bill, and HERE for the current official bill analysis.
As for the bills that we previously covered in our March legislative update, the following chart explains where those bills stand. Those that have passed at least one chamber have their passage status underlined in the column on the right. Those that have had at least one committee hearing list the number of hearings, while those that have not had any activity in committee state only the committee that the bill has been referred to from the floor.
Category |
Bill No. |
Bill Title |
Status |
Hemp |
SB 57 |
Decriminalize hemp and license hemp cultivation |
- Passed Senate - Completed first committee hearing in House |
Watershed Planning |
SB 2 |
Create state watershed planning structure |
- Referred to Senate Agriculture and Natural Resources Committee |
Animals |
HB 24 |
Revise humane society law |
- Completed third committee hearing in House |
Animals |
HB 124 |
Allow small livestock on residential property |
- Referred to House Agriculture and Rural Development Committee |
Oil and Gas |
HB 55 |
Require oil and gas royalty statements |
- Completed first committee hearing in House |
Oil and Gas |
HB 94 |
Ban taking oil or natural gas from bed of Lake Erie |
- Referred to House Energy and Natural Resources Committee |
Oil and Gas |
HB 95 |
Revise oil and gas law about brine and well conversions |
- Referred to House Energy and Natural Resources Committee |
Mineral Rights |
HB 100 |
Revise requirements governing abandoned mineral rights |
- Referred to House Energy and Natural Resources Committee |
Regulations |
SB 1 |
Reduce number of regulatory restrictions |
- Completed three committee hearings in Senate |
Business Law |
SB 21 |
Allow corporation to become benefit corporation |
- Passed Senate - Completed first hearings in two separate House committees |
Animals |
SB 33 |
Establish animal abuse reporting requirements |
- Completed fifth committee hearing in Senate |
Local Gov’t |
HB 48 |
Create local government road improvement fund |
- Referred to House Finance Committee |
Local Gov’t |
HB 54 |
Increase tax revenue allocated to the local government fund |
- Referred to House Ways and Means Committee |
Property |
HB 74 |
Prohibit leaving junk watercraft or motor uncovered on property |
- Completed first committee hearing in House |
Tags: Ohio 133rd General Assembly, hemp, industrial hemp, animal welfare, oil and gas law, mineral rights, regulatory reform, corporations, benefit corporations, local government funding
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State lawmakers have been busy crafting new legislation since the 133rd General Assembly took shape in January. As promised, here are some highlights and summaries of the pending bills that relate to agriculture in Ohio:
- Senate Bill 57, titled “Decriminalize hemp and license hemp cultivation.” The Ohio Senate Agriculture and Natural Resources Committee held a second hearing about the bill on March 13th, and numerous farm organizations spoke in support of the bill. As of now the language of the bill has not changed since we last discussed Ohio’s hemp bill in a blog post, but some changes could be made when the bill is sent out of the committee. Click HERE for more information about the bill, and HERE for the current official bill analysis.
- Senate Bill 2, titled “Create state watershed planning structure.” The one sentence bill expresses the General Assembly’s intent “to create and fund a comprehensive statewide watershed planning structure to be implemented at the local soil and water conservation district level.” It further expresses the intent “to provide authorization and conditions for the operation of watershed programs implemented by local soil and water conservation districts.” Click HERE for more information about the bill.
- House Bill 24, titled “Revise humane society law.” The bill would make various changes to Ohio’s Humane Society Law, including changes to enforcement powers, appointment and removal procedures, training, and criminal law applicability. One of the significant changes would expand to all animals the seizure and impoundment provisions that currently apply only to companion animals. This change would allow an officer to seize and impound any animal that the officer has probable cause to believe is the subject of a violation of Ohio’s domestic animal law. At the same time, the bill would remove certain provisions from current law that pertain to harm to people, thereby focusing the new law solely on the protection of animals. Click HERE for more information about the bill, and HERE for the current official bill analysis.
- House Bill 124, titled “Allow small livestock on residential property.” Under this bill, counties and townships would no longer be allowed to restrict via zoning certain noncommercial agricultural activities on residential property conducted for an individual’s personal use and enjoyment. Instead, owners of residential property that is not generally agricultural would be allowed to keep, harbor, breed, and maintain small livestock on their property. Small livestock includes goats, chickens and similar fowl, rabbits, and similar small animals. Roosters are explicitly excluded from this definition. However, the owner would lose his or her rights to keep small livestock if the small livestock create a nuisance, are kept in a manner that causes noxious odors or unsanitary conditions, are kept in a building that is unsafe as defined under the statute, or if the number of animals exceeds a certain ratio of animals to acres as defined under the statute. The ratio may be modified by the local jurisdiction to allow for more animals per acre. Click HERE for more information about the bill.
- House Bill 55, titled “Require oil and gas royalty statements.” Owners of oil and gas wells would have to provide mandatory reports to holders of royalty interests under this bill. Current law only requires disclosure of the information upon request, but this bill would make the disclosure mandatory. The bill would expand the types of information that the reports must include, and allows the holder of royalty interests to sue to enforce the new rights. Click HERE for more information about the bill, and HERE for the current official bill analysis.
- House Bill 94, titled “Ban taking oil or natural gas from bed of Lake Erie.” The Ohio Department of Natural Resources handles oil and gas permitting in Ohio, and this bill would bar the agency from issuing permits or making leases “to take or remove oil or natural gas from and under the bed of Lake Erie.” Click HERE for more information about the bill.
- House Bill 95, titled “Revise Oil and Gas Law about brine and well conversions.” The bill would ban the use of brine in secondary oil and gas recovery operations. It would also ban putting brine, crude oil, natural gas, and other fluids associated with oil and gas exploration in ground or surface waters, on the ground, or in the land. This restriction would apply even if the fluid received treatment in a public water system or other treatment process. Further, brine disposal permits would not be allowed to utilize underground injection or disposal on the land or in surface or ground water. Click HERE for more information about the bill.
- House Bill 100, titled “Revise requirements governing abandoned mineral rights.” Ohio has a statute that governs when a surface owner can take the mineral rights held or claimed by another by operation of law, essentially because of the passage of time. The bill would require a surface owner to attempt to give notice to a holder of mineral rights by personal service, certified mail, or if those are unsuccessful then by publication. Currently, if a holder of mineral rights believes that his or her interest remains valid, he or she may file an affidavit that complies with Ohio Revised Code (ORC) § 5301.56(H)(1) in the county property records. If the holder of mineral rights fails to file an affidavit, the surface owner may then file an affidavit under ORC § 5301.56(H)(2) that effectively vests the mineral rights in the surface owner. The new law would allow the surface owner to challenge a holder of mineral rights’ ORC § 5301.56(H)(1) affidavit. This process would require the surface owner to obtain a court determination that the affidavit is invalid. Then the surface owner would be able to file the new ORC § 5301.56(H)(3) affidavit to obtain the mineral rights. Click HERE for more information about the bill.
There are also some bills that could have some indirect implications in the agricultural and natural resources sectors. These indirect effects make this next set of bills noteworthy, or at least interesting.
- Senate Bill 1, titled “Reduce number of regulatory restrictions.” The bill would require each state agency to count its total number of regulatory restrictions, and then reduce the number of restrictions based on that baseline by 30% by 2022. Once an agency meets its reduction target, it would not be able to increase the number of regulatory restrictions without making additional cuts elsewhere. The bill would target agency rules that require or prohibit specific acts. Click HERE for more information about the bill, and HERE for the current official bill analysis.
- Senate Bill 21, titled “Allow corporation to become benefit corporation.” Much like the LLC merged the principles of a corporation and a partnership, the benefit corporation merges the principles of a corporation and a non-profit. A benefit corporation must follow the formalities of a corporation, but the articles of incorporation can designate a social purpose for the business to pursue, such as promoting the environment through sustainable practices. One of the unique traits of benefit corporations is that benefit corporations cannot be held liable for damages for failing to seek, achieve, or comply with their beneficial purpose, or even obtain a profit; however, certain individuals may seek a court ordered injunction to force the company to pursue those interests. In a sense, the benefit corporation reduces the traditional fiduciary duties expected in general corporations. The bill purports to maintain the traditional fiduciary duties, but by allowing a social purpose other than profit to guide decisions, the traditional fiduciary duties are in effect modified. Click HERE for more information about the bill, and HERE for the current official bill analysis.
- House Bill 33, titled “Establish animal abuse reporting requirements.” Under the bill, veterinarians and social service professionals would have to report their knowledge of abuse, cruelty, or abandonment toward a companion animal. Social service professionals would include licensed counselors, social workers, and marriage or family therapists acting in their professional capacity. Companion animals include non-wild animals kept in a residential dwelling, along with any cats and dogs kept anywhere. These individuals would be required to report the neglect to law enforcement, agents of the county humane society, dog wardens, or other animal control officers. Further, dog wardens, deputy dog wardens, and animal control officers would become mandatory reporters of child abuse. Lastly, the bill explains the information that must be reported, the timing, and the penalties for failure to comply. Click HERE for more information about the bill, and HERE for the current official bill analysis.
- House Bill 48, titled “Create local government road improvement fund.” The bill proposes to deposit into a new local government road improvement fund some of the surplus funds generated when the state spends less than it appropriates in the general revenue fund. Under current law, this surplus is split between the budget stabilization fund, also known as the “rainy day fund,” and the income tax reduction fund, which would redistribute remaining surplus to taxpayers. Click HERE for more information about the bill.
- House Bill 54, titled “Increase tax revenue allocated to the local government fund.” The bill would increase the proportion of state tax revenue allocated to the Local Government Fund from 1.66% to 3.53%. Click HERE for more information about the bill.
- House Bill 74, titled “Prohibit leaving junk watercraft or motor uncovered on property.” The bill would allow a sheriff, chief of police, highway patrol officer, or township trustee to send notice to a landowner to remove a junk vessel or outboard motor within 10 days. The prohibition applies to junk vessels, including watercraft, and outboard motors that are three years or older, apparently inoperable, and with a fair market value of $1,500 or less. Failure to cover, house, or remove the item in ten days could result in conviction of a misdemeanor. Click HERE for more information about the bill, and HERE for the current official bill analysis.
As more bills are introduced, and as these bills move along, stay tuned to the Ag Law Blog for updates.
Tags: Ohio 133rd General Assembly, hemp, industrial hemp, animal welfare, oil and gas law, mineral rights, regulatory reform, corporations, benefit corporations, local government funding
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Written by Evin Bachelor, Law Fellow, OSU Extension Agricultural & Resource Law Program
Ten of Ohio’s thirty-three state senators have introduced and sponsored legislation that would decriminalize licensed hemp cultivation and production in the state of Ohio. These senators represent a bipartisan mix of seven Republicans and three Democrats. After the passage of the Farm Bill, we sent out a blog post that explained how current Ohio law does not distinguish hemp from marijuana, meaning that hemp is currently just as illegal under Ohio law as marijuana. Senate Bill 57 would change that, if passed.
What Senate Bill 57 would change.
Senate Bill 57, if passed in its current form, would effectively decriminalize hemp cultivation and the production and sale of hemp products, so long as the activities are conducted under a license. The bill establishes definitions for cannabidiol and hemp under Ohio law. Specially, hemp would be defined as:
“the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, sales, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths per cent on a dry weight basis.”
Importantly for hemp cultivators and producers, this bill would remove hemp from Ohio’s Controlled Substances Act. We previously noted in a blog post that Senate Bill 229 from the last General Assembly was set to remove Ohio’s controlled substances schedules from the Ohio Revised Code, and instead would allow the Ohio Board of Pharmacy to create the schedules by rule. That bill passed, and would have allowed sales of CBD oils that had obtained approval from the U.S. Food and Drug Administration. However, if Senate Bill 57 passes the Ohio General Assembly, the Ohio Board of Pharmacy would no longer be able to adopt rules designating hemp and hemp products as controlled substances.
The (potential) Ohio Hemp Cultivation Program.
The Director of the Ohio Department of Agriculture (ODA) would be required to establish a program to monitor and regulate hemp cultivation consistent with the requirements of the Farm Bill that Congress passed last year. The Farm Bill authorizes the cultivation of hemp and the production of hemp products through state licensing programs. Ohio’s program would include a licensing program. Licenses will be valid for five years. ODA and universities would not be required to obtain a license, but their activities would be limited to certain activities listed in the bill. Hemp cultivation would still be illegal without a license, and could result in criminal misdemeanor charges.
The bill authorizes ODA to adopt regulations regarding:
- What the license application looks like
- What information the license application requires
- How much a license costs
- How background check will be conducted, and what they will examine
- How ODA will issue, renew, deny, suspend, and revoke hemp cultivation licenses
- How ODA will keep track of the lands where hemp is grown
- How ODA will test for delta-9 tetrahydrocannabinol concentration
- How hemp products must be labeled
- How ODA will enforce the rules and conduct inspections
- “Any other requirements or procedures necessary to administer and enforce” Ohio’s hemp cultivation program
The bill would deny licenses to any person who has pleaded guilty to or been convicted of a felony relating to controlled substances in the ten years before submitting their application, along with any person found to have falsified information on their application.
To administer the program, the bill would create a Hemp Cultivation Fund in the Ohio Treasury. Application fees, fees collected from program operations, money appropriated to the program by the General Assembly or ODA, and any gifts or grants may be deposited into the fund for use in program administration.
At this time, the bill has only been introduced and referred to the Ohio Senate Agriculture Committee. Bills are often subject to amendment, so stay tuned to the Ag Law Blog for updates on Senate Bill 57. For the text of the bill, click HERE, or visit the Ohio General Assembly’s Senate Bill 57 webpage HERE.
Tags: Ohio 133rd General Assembly, hemp, industrial hemp, Ohio legislation, Ohio agriculture committees
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The 133rd Ohio General Assembly and 116th United States Congress have released their committee assignments for the upcoming legislative terms. Chamber leaders like the House Speaker or party leaders generally select committee chairs and members, but the members themselves often have an opportunity to preference their assignments. Below are the lists of representatives and senators on each of the agriculture-related committees, with brief biographies of committee leaders included. Ohio readers may note that the agriculture committees for the U.S. House and U.S. Senate only have one member each from Ohio: Representative Marcia Fudge and Senator Sherrod Brown.
Here are the names to know for agriculture:
Ohio House of Representatives Agriculture and Rural Development Committee
- Chairman J. Kyle Koehler (R-Springfield). Representative Koehler is a third term member of the Ohio House, and received a Bachelor’s of Science in Computer Science from Wright State University. He worked for a number of years as a software engineer for government contractors, as well as working for his family business, K.K. Tool Company.
- Vice-Chair J. Todd Smith (R-Germantown). Representative Smith is entering his first full term as a member of the Ohio House, and is a pastor in his home community.
- Ranking Member Juanita O. Brent (D-Cleveland). Representative Brent is a first term member of the Ohio House, and has experience in non-profit and community engagement work.
- Rep. Jack Cera (D-Bellaire)
- Rep. Randi Clites (D-Ravenna)
- Rep. Paula Hicks-Hudson (D-Toledo)
- Rep. Don Jones (R-Harrison County)
- Rep. Darrell Kick (R-Loudonville)
- Rep. Mary Lightbody (D-Westerville)
- Rep. Susan Manchester (R-Lakeview)
- Rep. Don Manning (R-New Middletown)
- Rep. John Patterson (D-Jefferson)
- Rep. Jena Powell (R-Arcanum)
- Rep. Tim Schaffer (R-Lancaster)
- Rep. Bill Seitz (R-Cincinnati)
- Rep. Reggie Stoltzfus (R-Minerva)
- Rep. Casey Weinstein (D-Hudson)
Ohio Senate Agriculture Committee
- Chairman Frank Hoagland (R-Mingo Junction). Senator Hoagland is a first term member of the Ohio Senate. He owns a small business, and has nearly 30 years of experience as a Navy SEAL.
- Vice-Chair Brian Hill (R-Zanesville). Senator Hill is entering his first full term in the Ohio Senate. He holds a Bachelor’s Degree in Animal Science and an Associate’s Degree in Applied Science from Ohio State. Senator Hill raises beef cattle and grows crops on his family farm, and previously served as a Muskingum County Commissioner. Before entering the Ohio Senate, Senator Hill served in the Ohio House, where he chaired the House Agriculture and Rural Development Committee.
- Ranking Member Sean J. O’Brien (D-Bazetta). Senator O’Brien is a first term member of the Ohio Senate, and previously served three terms in the Ohio House. He holds a law degree from the University of Akron, and served as a prosecuting attorney for a number of years.
- Sen. Teresa Fedor (D-Toledo)
- Sen. Bob Hackett (R-London)
- Sen. Stephen Huffman (R-Tipp City)
- Sen. Stephanie Kunze (R-Hilliard)
- Sen. Tina Maharath (D-Canal Winchester)
- Sen. Rob McColley (R-Napoleon)
- Sen. Bob Peterson (R-Washington Court House)
- Sen. Joe Uecker (R-Miami Township)
United States House of Representatives Agriculture Committee
- Chairman Collin Peterson (D-Minnesota). Representative Peterson represents the western portion of Minnesota, which is predominantly rural and agricultural. He grew up on a farm, and was a Certified Public Accountant. He has many years of legislative experience at the state and federal level, and takes a keen interest in federal tax policy and conservation as it pertains to agriculture.
- Vice-Chair Alma Adams (D-North Carolina). Representative Adams’ district includes much of Charlotte, North Carolina and the surrounding areas. She taught art for over 40 years, and received her Ph.D. in Art Education and Multicultural Education from the Ohio State University in 1981. She has many years of legislative experience at the local, state, and federal level, and takes a keen interest in nutrition and education.
- Ranking Member K. Michael Conaway (R-Texas). Representative Conaway represents much of central Texas. He has a business background, having worked with former-President George W. Bush as the chief financial officer for Bush Exploration, an oil company.
- Rep. David Scott (D-Georgia)
- Rep. Jim Costa (D-California)
- Rep. Marcia Fudge (D-Ohio)
- Rep. Jim McGovern (D-Massachusetts)
- Rep. Filemon Vela (D-Texas)
- Rep. Stacey Plaskett (D-U.S. Virgin Islands)
- Rep. Abigail Spanberger (D-Virginia)
- Rep. Jahana Hayes (D-Connecticut)
- Rep. Antonio Delgado (D-New York)
- Rep. TJ Cox (D-California)
- Rep. Angie Craig (D-Minnesota)
- Rep. Anthony Brindisi (D-New York)
- Rep. Jefferson Van Drew (D-New Jersey)
- Rep. Josh Harder (D-California)
- Rep. Kim Schrier (D-Washington)
- Rep. Chellie Pingree (D-Maine)
- Rep. Cheri Bustos (D-Illinois)
- Rep. Sean Patrick Maloney (D-New York)
- Rep. Salud Carbajal (D-California)
- Rep. Al Lawson (D-Florida)
- Rep. Tom O’Halleran (D-Arizona)
- Rep. Jimmy Panetta (D-California)
- Rep. Ann Kirkpatrick (D-Arizona)
- Rep. Cindy Axne (D-Iowa)
- Rep. Glenn ‘GT’ Thompson (R-Pennsylvania)
- Rep. Austin Scott (R-Georgia)
- Rep. Rick Crawford (R-Arkansas)
- Rep. Scott DesJarlais (R-Tennessee)
- Rep. Vicky Hartzler (R-Missouri)
- Rep. Doug LaMalfa (R-California)
- Rep. Rodney Davis (R-Illinois)
- Rep. Ted Yoho (R-Florida)
- Rep. Rick Allen (R-Georgia)
- Rep. Mike Bost (R-Illinois)
- Rep. David Rouzer (R-North Carolina)
- Rep. Ralph Abraham (R-Louisiana)
- Rep. Trent Kelly (R-Mississippi)
- Rep. James Comer (R-Kentucky)
- Rep. Roger Marshall (R-Kansas)
- Rep. Don Bacon (R-Nebraska)
- Rep. Neal Dunn (R-Florida)
- Rep. Dusty Johnson (R-South Dakota)
- Rep. Jim Baird (R-Indiana)
- Rep. Jim Hagedorn (R-Minnesota)
United States Senate Agriculture, Nutrition, & Forestry Committee
- Chairman Pat Roberts (R-Kansas). Senator Roberts has served in both houses of Congress since the 1980s, and was the first person to have been the chair of both the House and Senate agriculture committees. His educational background is in journalism, and he served in the U.S. Marine Corps.
- Ranking Member Debbie Stabenow (D-Michigan). Senator Stabenow has served in both houses of Congress, and began her career in public service at the county and state level in the late 1970s. She has long taken an interest in agricultural issues, and serves as a co-chair of the U.S. Senate Great Lakes Task Force.
- Sen. Sherrod Brown (D-Ohio)
- Sen. Mitch McConnell (R-Kentucky)
- Sen. Patrick Leahy (D-Vermont)
- Sen. John Boozman (R-Arkansas)
- Sen. John Hoeven (R-North Dakota)
- Sen. Amy Klobuchar (D-Minnesota)
- Sen. Joni Ernst (R-Iowa)
- Sen. Michael Bennet (D-Colorado)
- Sen. Cindy Hyde-Smith (R-Mississippi)
- Sen. Kirsten Gillibrand (D-New York)
- Sen. Mike Braun (R-Indiana)
- Sen. Robert P. Casey Jr. (D-Pennsylvania)
- Sen. David Perdue (R-Georgia)
- Sen. Tina Smith (D-Minnesota)
- Sen. Chuck Grassley (R-Iowa)
- Sen. Richard Durbin (D-Illinois)
- Sen. John Thune (R-South Dakota)
- Sen. Deb Fisher (R-Nebraska)
As these committees take action over the next two years, we will do our best to keep you in the know. Stay tuned to the Ohio Ag Law Blog for updates.
Tags: Ohio 133rd General Assembly, Ohio agriculture committees, 116th Congress
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