Legislative Update

By Chris Henney, OABA President and CEO

Ohio’s Statehouse will seem incredibly calm and quiet after the flurry of activity over the last several weeks. Legislators wrapped up their work in Columbus last week and headed home for a summer of fundraisers and door-to-door campaigning leading up to this November’s general election. It is possible that the House and Senate will return prior to the election, but is unlikely. Ohio House Speaker Bill Batchelder (R – Medina) commented that he has never seen a session like the 129^th General Assembly (and Speaker Batchelder is no spring chicken when it comes to Ohio politics). The state legislature, largely due to Governor John Kasich’s fast-paced agenda, has been in over-drive. In fact, Gov. Kasich made a rare appearance in the Senate Chambers last Wednesday to promote the legislative accomplishments of the past few weeks and to thank lawmakers for enacting many of his proposals. 

Despite all the activity in the past several weeks and months, very little has happened in the way of agricultural legislation (unless you consider exotic animal legislation as agriculture). There are a few notable exceptions. HB415 (Sprague), which expands the Agricultural Linked Deposit Porgram, was signed in to law last week by Gov. Kasich. HB415 modifies the Agricultural Linked Deposit Program with respect to the maximum amount the Treasurer of State may invest in agricultural linked deposits, the interest rate at which loans are made under the Program, and the maximum loan amount. The Ohio AgriBusiness Association wrote a letter of support for this legislation. Click here to read the letter.

SB309 (Hite), addresses agricultural commodity marketing agreements. Marketing agreements are designed to be used to tailor marketing, production, research and educational efforts aimed at improving the state’s agricultural position within the national and international markets. Marketing agreements are voluntary, but can be used to regulate standards for production, handling and growing practices, standards for the establishment and use of a logo or brand associated with an agricultural commodity, and collection of fees for services provided related to the marketing agreement. This legislation is designed to bolster Ohio’s agriculture industry by encouraging agricultural partnerships that will aid in providing stable markets for products such as fruits, vegetables, dairy and other specialty crops. These agricultural agreements will be initiated and managed by farmers, with agreements being established through the Ohio Department of Agriculture. SB309 saw a lot of activity, including floor votes in both chambers, but ultimately will be taken back up in the fall due to a last-minute amendment on the House floor, which the Senate has yet to concur on, to correct a non-related agricultural issue (SB315 language). 

SB315 (Jones) is a mid-biennium review bill focused on making changes to the energy and natural resources laws and related programs of the state. Sounds fine, right? Well, at the last possible moment a House amendment added new anhydrous ammonia storage standards. The bill as amended in to SB315 requires the Director of Agriculture to adopt rules that establish requirements governing the design and construction of storage facilities for anhydrous ammonia that is used for agricultural purposes, and requires the rules to establish standards and procedures for the approval or disapproval of the design and construction of such facilities and procedures for applying for that approval. The bill also prohibits an individual from constructing such a facility after the effective date of this act without first obtaining approval from the Director of Agriculture. Finally, the bill requires that a person who has applied to the Department of Agriculture to construct an anhydrous ammonia storage facility notify local public safety and fire officials, as well as township trustees or city councils.

The main problem with the SB315 amendment is that it was written in a way that sweeps up all fertilizer storage instead of only anhydrous ammonia. The state legislature, with the help of the Ohio Department of Agriculture and a few of us “ag organizations,” realized their mistake and introduced an amendment into SB309 to clarify anhydrous ammonia storage systems. As mentioned above, SB309 did not get concurrence on the amendment from both the House and Senate before the summer recess. The Ohio AgriBusiness Association will continue to work with the Department of Agriculture and the state legislature on this issue over the coming months. 

Other bills that were sent to Gov. Kasich’s desk last week to be signed included SB19 (Hughes), which addresses suspension of juvenile drivers licenses; SB193 (Seitz), which changes regulations on scrap metal dealers; SB305 (Hughes), which criminalizes adding hidden compartments in vehicles for drug smuggling; HB331 (Dovilla-Bubp), which creates the Cybersecurity, Education and Economic Development Council; HB261 (Fedor), the latest effort to crack down on human trafficking; HB509 (Blair), which contains mid-biennium review proposals on local government; HB490 (Dovilla), the mid-biennium review legislation for veterans services; SB196 (Wagoner), which changes the state's business opportunity plan law; SB224 (Obhof), which shortens the period of limitations for actions on written contracts; SB314 (Wagoner-Cafaro), the JobsOhio II legislation; HB437 (Roegner), which increases the distance school vehicles are allowed to travel out of state; SB337 (Seitz-Smith), which is aimed at curtailing collateral sanctions faced by released convicts that can prevent them from getting work; SB321 (Beagle), which addresses library districts; and SCR30 (Widener-Kearney), which designates Central State University as a land grand university.

Last week’s House session also saw members refuse to agree to Senate amendments on two bills, HB375 (Butler), which addresses sales of school property, and HB433 (Damschroder), which would create a Sandusky County Municipal Court. Members also passed HCR51 (Baker), which urges Congress to pass the Stop Invasive Species Act, and HR384 (Dovilla), urging federal action on Chinese currency manipulation. In Wednesday's session, the House passed HB143 (Stinziano-O'Brien), addressing head injuries and concussions in youth sports; HB497 (Hagan-Blessing), which addresses Ohio's Legacy Trust Act.; HB535 (Hill), which addresses parents' interception of children's electronic communications; and HB495 (Johnson), which makes changes to Ohio's laws on concealed carry permits and carrying guns in cars.

For a complete list, and current status, of bills being tracked by the Ohio AgriBusiness Association, please click here.