As Passed by the Senate 1
123rd General Assembly 4
Regular Session Am. S. B. No. 188 5
1999-2000 6
SENATORS DRAKE-WHITE-PRENTISS-KEARNS-SPADA 8
_________________________________________________________________ 10
A B I L L
To amend sections 2108.15 and 2108.16 of the Revised 12
Code and to repeal Section 5 of Sub. S.B. 300 of 14
the 121st General Assembly to eliminate the
scheduled sunset of the Second Chance Trust Fund 15
Board.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 17
Section 1. That sections 2108.15 and 2108.16 of the 19
Revised Code be amended to read as follows: 21
Sec. 2108.15. There is hereby created in the state 30
treasury the second chance trust fund. The fund shall consist of 31
voluntary contributions deposited as provided in sections 32
4506.081, 4507.231, and 4507.501 of the Revised Code. All 33
investment earnings of the fund shall be credited to the fund. 34
The director of health shall use the money in the fund only 36
for the following purposes: 37
(A) Development and implementation of a campaign that 39
explains and promotes the second chance trust fund; 40
(B) Development and implementation of a statewide public 42
education program about organ, tissue, and eye donation, 43
including the informational material required to be provided 44
under sections 4506.081, 4507.231, and 4507.501 of the Revised 45
Code;
(C) Development and implementation of statewide donor 47
awareness programs in secondary schools; 48
(D) Development and implementation of statewide programs 50
to recognize donor families; 51
2
(E) Development of statewide hospital training programs to 53
encourage and facilitate compliance with the provisions of 54
section 2108.021 of the Revised Code concerning circumstances 55
under which an anatomical gift is required to be requested; 57
(F) Reimbursement of the bureau of motor vehicles for the 60
administrative costs incurred in the performance of duties under 61
sections 4506.081, 4507.231, and 4507.501 of the Revised Code.; 62
(G) Payment of the compensation of a staff member of the 64
department of health for the staff member's time spent monitoring 65
hospital compliance with sections 2108.01 to 2108.09 of the 66
Revised Code;
(H) Until December 31, 2000, reimbursement REIMBURSEMENT 69
of board members for actual and necessary expenses incurred in 71
the performance of official duties.
Until December 31, 2000, the THE director shall consider 74
recommendations made by the second chance trust fund board 75
pursuant to section 2108.16 of the Revised Code. Until December 76
31, 2000, the THE director shall determine the appropriateness of 77
and approve or disapprove projects recommended by the board for 78
funding. On and after December 31, 2000, the director shall 79
determine the appropriateness of and approve or disapprove 80
projects. The director shall AND approve or disapprove the 82
disbursement of money from the second chance trust fund. 83
Sec. 2108.16. There is hereby created within the 92
department of health the second chance trust fund board, 93
consisting of thirteen members appointed by the governor. The 94
members shall include one representative from an Ohio organ
procurement organization that is a member of the Organ 95
Procurement and Transplantation Network; one representative from 96
an Ohio tissue procurement organization that is an accredited 97
member of the American association of tissue banks; one 98
representative of an Ohio eye bank that is a certified member of 99
the eye bank association of America; one representative of donor 100
families; one representative of organ, tissue, or eye recipients;
3
one representative of the Ohio solid organ transplantation 101
consortium; one representative of the Ohio transplant recovery 102
council; one representative of the Ohio education association; 103
one representative of the Ohio hospital association; one 104
representative of the Ohio nurses association; one representative 105
of the Ohio state medical association; one representative of the 106
department of health; and one representative of the public. In
making the appointments, the governor shall include, insofar as 107
possible, members representing various geographic regions of the 108
state. Of the members first appointed, the representatives of 109
the organ procurement organization, tissue procurement 110
organization, eye bank, and Ohio transplant recovery council 111
shall serve terms of four years; the representatives from the 112
donor families, organ, tissue, or eye recipients, department of 113
health, and Ohio solid organ transplantation consortium shall 114
serve terms of three years; and the remaining members shall serve 115
terms of two years. Thereafter, all members shall serve terms of 116
three years. No individual shall serve more than two consecutive 117
terms, regardless of whether the terms were full or partial 118
terms. Each member shall serve from the date of appointment 119
until the member's successor is appointed. All vacancies on the 120
board shall be filled for the balance of the unexpired term in 121
the same manner as the original appointment.
The board annually shall elect a chairperson from among its 124
members and shall adopt rules in accordance with Chapter 119. of 125
the Revised Code for the governance of its operations. The board 126
shall meet at least semiannually. It shall submit an annual 127
report of its activities and recommendations to the director of 128
health.
Each member of the board shall serve without compensation, 130
but shall be reimbursed from the second chance trust fund for all 132
actual and necessary expenses incurred in the performance of
official duties. 133
The board shall make recommendations to the director of 135
4
health for projects for funding from the second chance trust 136
fund.
THE BOARD IS NOT SUBJECT TO SECTION 101.84 OF THE REVISED 139
CODE.
Section 2. That existing sections 2108.15 and 2108.16 of 141
the Revised Code are hereby repealed. 143
Section 3. That Section 5 of Sub. S.B. 300 of the 121st 145
General Assembly, which section contains a repeal of section 146
2108.16 of the Revised Code effective December 31, 2000, is 147
hereby repealed. The intent of this section is to remove the 148
limitation imposed by such repeal upon the continued existence of 149
section 2108.16 of the Revised Code, which intent is not affected
by the rule of construction contained in section 1.57 of the 150
Revised Code. The intent of this section is not to affect the 151
continued existence of section 2108.15 of the Revised Code as 152
amended by Section 1 of this act.