As Introduced 1
123rd General Assembly 4
Regular Session S. B. No. 192 5
1999-2000 6
SENATOR RAY (By Request) 9
_________________________________________________________________ 11
A B I L L
To amend sections 102.02 and 107.031 and to enact 13
sections 183.01 to 183.30 of the Revised Code to 14
provide for the distribution of money received by 15
the state pursuant to the Tobacco Master
Settlement Agreement and to make an 16
appropriation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 18
Section 1. That sections 102.02 and 107.031 be amended and 20
sections 183.01, 183.02, 183.03, 183.04, 183.05, 183.06, 183.07, 21
183.08, 183.09, 183.10, 183.11, 183.12, 183.13, 183.14, 183.15, 22
183.16, 183.17, 183.18, 183.19, 183.20, 183.21, 183.22, 183.23, 23
183.24, 183.25, 183.26, 183.27, 183.28, 183.29, and 183.30 of the 24
Revised Code be enacted to read as follows: 25
Sec. 102.02. (A) Except as otherwise provided in division 34
(H) of this section, every person who is elected to or is a 35
candidate for a state, county, or city office, or the office of 36
member of the United States congress, and every person who is 37
appointed to fill a vacancy for an unexpired term in such an 38
elective office; all members of the state board of education; the 40
director, assistant directors, deputy directors, division chiefs, 41
or persons of equivalent rank of any administrative department of 42
the state; the president or other chief administrative officer of 43
every state institution of higher education as defined in section 44
3345.011 of the Revised Code; the chief executive officer of each 45
state retirement system; all members of the board of 46
commissioners on grievances and discipline of the supreme court 47
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and the ethics commission created under section 102.05 of the 48
Revised Code; every business manager, treasurer, or 49
superintendent of a city, local, exempted village, joint 50
vocational, or cooperative education school district or an 51
educational service center; every person who is elected to or is 52
a candidate for the office of member of a board of education of a 53
city, local, exempted village, joint vocational, or cooperative 54
education school district or of a governing board of an 55
educational service center that has a total student count of 56
twelve thousand or more as most recently determined by the 57
department of education pursuant to section 3317.03 of the 59
Revised Code; every person who is appointed to the board of
education of a municipal school district pursuant to division (B) 60
or (F) of section 3311.71 of the Revised Code; all members of the 61
board of directors of a sanitary district established under 62
Chapter 6115. of the Revised Code and organized wholly for the 63
purpose of providing a water supply for domestic, municipal, and 65
public use that includes two municipal corporations in two 66
counties; every public official or employee who is paid a salary 68
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 69
THE BOARD OF TRUSTEES AND THE EXECUTIVE DIRECTOR OF THE TOBACCO 70
USE PREVENTION AND CONTROL FOUNDATION; MEMBERS OF THE BOARD OF 71
TRUSTEES AND THE EXECUTIVE DIRECTOR OF THE SOUTHERN OHIO 72
AGRICULTURAL AND COMMUNITY DEVELOPMENT FOUNDATION; and every 73
other public official or employee who is designated by the 74
appropriate ethics commission pursuant to division (B) of this 75
section shall file with the appropriate ethics commission on a 76
form prescribed by the commission, a statement disclosing all of 77
the following: 78
(1) The name of the person filing the statement and each 80
member of the person's immediate family and all names under which 82
the person or members of the person's immediate family do 83
business; 84
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(2)(a) Subject to divisions (A)(2)(b) and (c) of this 86
section and except as otherwise provided in section 102.022 of 87
the Revised Code, identification of every source of income, other 88
than income from a legislative agent identified in division 89
(A)(2)(b) of this section, received during the preceding calendar 90
year, in the person's own name or by any other person for the 92
person's use or benefit, by the person filing the statement, and 93
a brief description of the nature of the services for which the 94
income was received. If the person filing the statement is a 95
member of the general assembly, the statement shall identify the 96
amount of every source of income received in accordance with the 97
following ranges of amounts: zero or more, but less than one 98
thousand dollars; one thousand dollars or more, but less than ten 99
thousand dollars; ten thousand dollars or more, but less than 100
twenty-five thousand dollars; twenty-five thousand dollars or 101
more, but less than fifty thousand dollars; fifty thousand 102
dollars or more, but less than one hundred thousand dollars; and 103
one hundred thousand dollars or more. Division (A)(2)(a) of this 104
section shall not be construed to require a person filing the 105
statement who derives income from a business or profession to 106
disclose the individual items of income that constitute the gross 107
income of that business or profession, except for those 108
individual items of income that are attributable to the person's 109
or, if the income is shared with the person, the partner's, 110
solicitation of services or goods or performance, arrangement, or 111
facilitation of services or provision of goods on behalf of the 112
business or profession of clients, including corporate clients, 113
who are legislative agents as defined in section 101.70 of the 114
Revised Code. A person who files the statement under this 115
section shall disclose the identity of and the amount of income 116
received from a person who the public official or employee knows 118
or has reason to know is doing or seeking to do business of any 119
kind with the public official's or employee's agency. 120
(b) If the person filing the statement is a member of the 122
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general assembly, the statement shall identify every source of 123
income and the amount of that income that was received from a 124
legislative agent, as defined in section 101.70 of the Revised 125
Code, during the preceding calendar year, in the person's own 127
name or by any other person for the person's use or benefit, by 128
the person filing the statement, and a brief description of the 130
nature of the services for which the income was received. 131
Division (A)(2)(b) of this section requires the disclosure of 132
clients of attorneys or persons licensed under section 4732.12 of 133
the Revised Code, or patients of persons certified under section 134
4731.14 of the Revised Code, if those clients or patients are 135
legislative agents. Division (A)(2)(b) of this section requires 136
a person filing the statement who derives income from a business 137
or profession to disclose those individual items of income that 138
constitute the gross income of that business or profession that 139
are received from legislative agents. 140
(c) Except as otherwise provided in division (A)(2)(c) of 142
this section, division (A)(2)(a) of this section applies to 143
attorneys, physicians, and other persons who engage in the 144
practice of a profession and who, pursuant to a section of the 145
Revised Code, the common law of this state, a code of ethics 146
applicable to the profession, or otherwise, generally are 147
required not to reveal, disclose, or use confidences of clients, 148
patients, or other recipients of professional services except 149
under specified circumstances or generally are required to 150
maintain those types of confidences as privileged communications 151
except under specified circumstances. Division (A)(2)(a) of this 152
section does not require an attorney, physician, or other 153
professional subject to a confidentiality requirement as 154
described in division (A)(2)(c) of this section to disclose the 155
name, other identity, or address of a client, patient, or other 156
recipient of professional services if the disclosure would 157
threaten the client, patient, or other recipient of professional 158
services, would reveal details of the subject matter for which 159
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legal, medical, or professional advice or other services were 160
sought, or would reveal an otherwise privileged communication 161
involving the client, patient, or other recipient of professional 162
services. Division (A)(2)(a) of this section does not require an 163
attorney, physician, or other professional subject to a 164
confidentiality requirement as described in division (A)(2)(c) of 165
this section to disclose in the brief description of the nature 166
of services required by division (A)(2)(a) of this section any 167
information pertaining to specific professional services rendered 168
for a client, patient, or other recipient of professional 169
services that would reveal details of the subject matter for 170
which legal, medical, or professional advice was sought or would 171
reveal an otherwise privileged communication involving the 172
client, patient, or other recipient of professional services. 173
(3) The name of every corporation on file with the 175
secretary of state that is incorporated in this state or holds a 177
certificate of compliance authorizing it to do business in this 178
state, trust, business trust, partnership, or association that 179
transacts business in this state in which the person filing the 181
statement or any other person for the person's use and benefit 182
had during the preceding calendar year an investment of over one 183
thousand dollars at fair market value as of the thirty-first day 184
of December of the preceding calendar year, or the date of 185
disposition, whichever is earlier, or in which the person holds 186
any office or has a fiduciary relationship, and a description of 187
the nature of the investment, office, or relationship. Division 188
(A)(3) of this section does not require disclosure of the name of 190
any bank, savings and loan association, credit union, or building 191
and loan association with which the person filing the statement 192
has a deposit or a withdrawable share account. 193
(4) All fee simple and leasehold interests to which the 195
person filing the statement holds legal title to or a beneficial 196
interest in real property located within the state, excluding the 197
person's residence and property used primarily for personal 198
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recreation; 199
(5) The names of all persons residing or transacting 201
business in the state to whom the person filing the statement 202
owes, in the person's own name or in the name of any other 203
person, more than one thousand dollars. Division (A)(5) of this 206
section shall not be construed to require the disclosure of debts 207
owed by the person resulting from the ordinary conduct of a 208
business or profession or debts on the person's residence or real 209
property used primarily for personal recreation, except that the 210
superintendent of financial institutions shall disclose the names 212
of all state-chartered savings and loan associations and of all 214
service corporations subject to regulation under division (E)(2) 215
of section 1151.34 of the Revised Code to whom the superintendent 216
in the superintendent's own name or in the name of any other 217
person owes any money, and that the superintendent and any deputy 219
superintendent of banks shall disclose the names of all 220
state-chartered banks and all bank subsidiary corporations 221
subject to regulation under section 1109.44 of the Revised Code 222
to whom the superintendent or deputy superintendent owes any 223
money.
(6) The names of all persons residing or transacting 225
business in the state, other than a depository excluded under 226
division (A)(3) of this section, who owe more than one thousand 228
dollars to the person filing the statement, either in the 229
person's own name or to any person for the person's use or 231
benefit. Division (A)(6) of this section shall not be construed 233
to require the disclosure of clients of attorneys or persons 234
licensed under section 4732.12 or 4732.15 of the Revised Code, or 235
patients of persons certified under section 4731.14 of the 236
Revised Code, nor the disclosure of debts owed to the person 237
resulting from the ordinary conduct of a business or profession. 238
(7) Except as otherwise provided in section 102.022 of the 240
Revised Code, the source of each gift of over seventy-five 241
dollars, or of each gift of over twenty-five dollars received by 242
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a member of the general assembly from a legislative agent, 243
received by the person in the person's own name or by any other 245
person for the person's use or benefit during the preceding 246
calendar year, except gifts received by will or by virtue of 248
section 2105.06 of the Revised Code, or received from spouses, 249
parents, grandparents, children, grandchildren, siblings, 250
nephews, nieces, uncles, aunts, brothers-in-law, sisters-in-law, 251
sons-in-law, daughters-in-law, fathers-in-law, mothers-in-law, or 252
any person to whom the person filing the statement stands in loco 253
parentis, or received by way of distribution from any inter vivos 254
or testamentary trust established by a spouse or by an ancestor; 255
(8) Except as otherwise provided in section 102.022 of the 257
Revised Code, identification of the source and amount of every 258
payment of expenses incurred for travel to destinations inside or 259
outside this state that is received by the person in the person's 261
own name or by any other person for the person's use or benefit 262
and that is incurred in connection with the person's official 264
duties except for expenses for travel to meetings or conventions 265
of a national or state organization to which either house of the 266
general assembly, any legislative agency, a state institution of 267
higher education as defined in section 3345.031 of the Revised 268
Code, any other state agency, or any political subdivision or any 269
office or agency of a political subdivision pays membership dues; 270
(9) Except as otherwise provided in section 102.022 of the 272
Revised Code, identification of the source of payment of expenses 273
for meals and other food and beverages, other than for meals and 274
other food and beverages provided at a meeting at which the 275
person participated in a panel, seminar, or speaking engagement 276
or at a meeting or convention of a national or state organization 277
to which either house of the general assembly, any legislative 278
agency, a state institution of higher education as defined in 279
section 3345.031 of the Revised Code, any other state agency, or 280
any political subdivision or any office or agency of a political 281
subdivision pays membership dues, that are incurred in connection 282
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with the person's official duties and that exceed one hundred 283
dollars aggregated per calendar year; 284
(10) If the financial disclosure statement is filed by a 286
public official or employee described in division (B)(2) of 287
section 101.73 of the Revised Code or division (B)(2) of section 288
121.63 of the Revised Code who receives a statement from a 289
legislative agent, executive agency lobbyist, or employer that 290
contains the information described in division (F)(2) of section 291
101.73 of the Revised Code or division (G)(2) of section 121.63 292
of the Revised Code, all of the nondisputed information contained 293
in the statement delivered to that public official or employee by 294
the legislative agent, executive agency lobbyist, or employer 295
under division (F)(2) of section 101.73 or (G)(2) of section 296
121.63 of the Revised Code. As used in division (A)(10) of this 297
section, legislative agent, executive agency lobbyist, and 299
employer have the same meanings as in sections 101.70 and 121.60 301
of the Revised Code.
A person may file a statement required by this section in 303
person or by mail. A person who is a candidate for elective 304
office shall file the statement no later than the thirtieth day 306
before the primary, special, or general election at which the 308
candidacy is to be voted on, whichever election occurs soonest, 310
except that a person who is a write-in candidate shall file the 311
statement no later than the twentieth day before the earliest 312
election at which the person's candidacy is to be voted on. A 314
person who holds elective office shall file the statement on or 315
before the fifteenth day of April of each year unless the person 317
is a candidate for office. A person who is appointed to fill a 319
vacancy for an unexpired term in an elective office shall file 320
the statement within fifteen days after the person qualifies for 322
office. Other persons shall file an annual statement on or 324
before the fifteenth day of April or, if appointed or employed 325
after that date, within ninety days after appointment or 326
employment. No person shall be required to file with the 327
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appropriate ethics commission more than one statement or pay more 328
than one filing fee for any one calendar year. 329
The appropriate ethics commission, for good cause, may 331
extend for a reasonable time the deadline for filing a disclosure 332
statement under this section. 333
A statement filed under this section is subject to public 335
inspection at locations designated by the appropriate ethics 336
commission except as otherwise provided in this section. 337
(B) The Ohio ethics commission, the joint legislative 339
ethics committee, and the board of commissioners on grievances 340
and discipline of the supreme court, using the rule-making 341
procedures of Chapter 119. of the Revised Code, may require any 342
class of public officials or employees under its jurisdiction and 343
not specifically excluded by this section whose positions involve 344
a substantial and material exercise of administrative discretion 345
in the formulation of public policy, expenditure of public funds, 346
enforcement of laws and rules of the state or a county or city, 347
or the execution of other public trusts, to file an annual 348
statement on or before the fifteenth day of April under division 349
(A) of this section. The appropriate ethics commission shall 350
send the public officials or employees written notice of the 351
requirement by the fifteenth day of February of each year the 352
filing is required unless the public official or employee is 353
appointed after that date, in which case the notice shall be sent 354
within thirty days after appointment, and the filing shall be 355
made not later than ninety days after appointment. 356
Disclosure statements filed under this division with the 358
Ohio ethics commission by members of boards, commissions, or 359
bureaus of the state for which no compensation is received other 360
than reasonable and necessary expenses shall be kept 361
confidential. Disclosure statements filed with the Ohio ethics 363
commission under division (A) of this section by business 364
managers, treasurers, and superintendents of city, local, 365
exempted village, joint vocational, or cooperative education 366
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school districts or educational service centers shall be kept 367
confidential, except that any person conducting an audit of any
such school district pursuant to section 115.56 or Chapter 117. 368
of the Revised Code may examine the disclosure statement of any 369
business manager, treasurer, or superintendent of that school 370
district or educational service center. The Ohio ethics 371
commission shall examine each disclosure statement required to be 372
kept confidential to determine whether a potential conflict of 373
interest exists for the person who filed the disclosure 374
statement. A potential conflict of interest exists if the 375
private interests of the person, as indicated by the person's 376
disclosure statement, might interfere with the public interests 378
the person is required to serve in the exercise of the person's 379
authority and duties in the person's office or position of 380
employment. If the commission determines that a potential 381
conflict of interest exists, it shall notify the person who filed 382
the disclosure statement and shall make the portions of the 383
disclosure statement that indicate a potential conflict of 384
interest subject to public inspection in the same manner as is 385
provided for other disclosure statements. Any portion of the 386
disclosure statement that the commission determines does not 387
indicate a potential conflict of interest shall be kept 388
confidential by the commission and shall not be made subject to 389
public inspection, except as is necessary for the enforcement of 390
Chapters 102. and 2921. of the Revised Code and except as 391
otherwise provided in this division. 392
(C) No person shall knowingly fail to file, on or before 394
the applicable filing deadline established under this section, a 395
statement that is required by this section. 396
(D) No person shall knowingly file a false statement that 398
is required to be filed under this section. 399
(E)(1) Except as provided in divisions (E)(2) and (3) of 401
this section, on and after March 2, 1994, the statement required 402
by division (A) or (B) of this section shall be accompanied by a 404
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filing fee of twenty-five dollars. 405
(2) The statement required by division (A) of this section 407
shall be accompanied by a filing fee to be paid by the person who 408
is elected or appointed to or is a candidate for any of the 409
following offices: 410
For state office, except member of 412
state board of education $50 413
For office of member of United States 414
congress or member of general assembly $25 415
For county office $25 416
For city office $10 417
For office of member of state board 418
of education $10 419
For office of member of city, local, 420
exempted village, or cooperative 421
education board of 422
education or educational service 423
center governing board $ 5 424
For position of business manager, 425
treasurer, or superintendent of 426
city, local, exempted village, joint 427
vocational, or cooperative education 428
school district or 429
educational service center $ 5 430
(3) No judge of a court of record or candidate for judge 432
of such a court, and no referee or magistrate serving a court of 433
record, shall be required to pay the fee required under division 434
(E)(1) or (2) or (F) of this section. 435
(4) For any public official who is appointed to a 437
nonelective office of the state and for any employee who holds a 438
nonelective position in a public agency of the state, the state 439
agency that is the primary employer of the state official or 440
employee shall pay the fee required under division (E)(1) or (F) 441
of this section. 442
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(F) If a statement required to be filed under this section 444
is not filed by the date on which it is required to be filed, the 445
appropriate ethics commission shall assess the person required to 446
file the statement a late filing fee equal to one-half of the 447
applicable filing fee for each day the statement is not filed, 448
except that the total amount of the late filing fee shall not 449
exceed one hundred dollars. 450
(G)(1) The appropriate ethics commission other than the 452
Ohio ethics commission shall deposit all fees it receives under 453
divisions (E) and (F) of this section into the general revenue 454
fund of the state. 455
(2) The Ohio ethics commission shall deposit all receipts, 457
including, but not limited to, fees it receives under divisions 459
(E) and (F) of this section and all moneys it receives from 460
settlements under division (G) of section 102.06 of the Revised 461
Code, into the Ohio ethics commission fund, which is hereby 462
created in the state treasury. All moneys credited to the fund 463
shall be used solely for expenses related to the operation and 464
statutory functions of the commission.
(H) Division (A) of this section does not apply to a 466
person elected or appointed to the office of precinct, ward, or 467
district committee member under Chapter 3517. of the Revised 468
Code; a presidential elector; a delegate to a national 469
convention; village or township officials and employees; any 470
physician or psychiatrist who is paid a salary or wage in 471
accordance with schedule C of section 124.15 or schedule E-2 of 472
section 124.152 of the Revised Code and whose primary duties do 473
not require the exercise of administrative discretion; or any 474
member of a board, commission, or bureau of any county or city 475
who receives less than one thousand dollars per year for serving 476
in that position. 477
Sec. 107.031. Until the first committee appointed under 486
division (C) of section 3317.012 of the Revised Code to reexamine 488
the cost of an adequate education makes its report to the office 490
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of budget and management and the general assembly, the governor 491
shall ensure that among the various budget recommendations made 492
by the governor and the director of budget and management to the 493
general assembly each biennium there are recommendations for
appropriations to the Ohio school facilities commission, 494
aggregating not less than three hundred million dollars per 495
fiscal year, EXCLUDING RECOMMENDATIONS FOR APPROPRIATIONS FROM 496
THE EDUCATION FACILITIES TRUST FUND, CREATED IN SECTION 183.28 OF 497
THE REVISED CODE, for constructing, acquiring, replacing, 498
reconstructing, or adding to classroom facilities, as such term 499
is defined in section 3318.01 of the Revised Code.
Sec. 183.01. AS USED IN THIS CHAPTER: 501
(A) "TOBACCO MASTER SETTLEMENT AGREEMENT" MEANS THE 503
SETTLEMENT AGREEMENT (AND RELATED DOCUMENTS) ENTERED INTO ON 504
NOVEMBER 23, 1998 BY THE STATE AND LEADING UNITED STATES TOBACCO 505
PRODUCT MANUFACTURERS. 506
(B) "NET AMOUNTS CREDITED TO THE TOBACCO MASTER SETTLEMENT 508
AGREEMENT FUND" MEANS ALL AMOUNTS CREDITED TO THE TOBACCO MASTER 509
SETTLEMENT AGREEMENT FUND DURING THE YEAR, MINUS ALL AMOUNTS 510
REQUIRED TO BE TRANSFERRED UNDER SECTION 183.02 OF THE REVISED 512
CODE TO THE TOBACCO USE PREVENTION AND CESSATION TRUST FUND, THE
LAW ENFORCEMENT IMPROVEMENTS TRUST FUND, AND THE SOUTHERN OHIO 514
AGRICULTURAL AND COMMUNITY DEVELOPMENT TRUST FUND DURING THE 515
YEAR.
Sec. 183.02. ALL PAYMENTS RECEIVED BY THE STATE PURSUANT 517
TO THE TOBACCO MASTER SETTLEMENT AGREEMENT SHALL BE DEPOSITED 518
INTO THE STATE TREASURY TO THE CREDIT OF THE TOBACCO MASTER 519
SETTLEMENT AGREEMENT FUND, WHICH IS HEREBY CREATED. ALL 520
INVESTMENT EARNINGS OF THE FUND SHALL ALSO BE CREDITED TO THE 521
FUND. EXCEPT AS PROVIDED IN DIVISION (I) OF THIS SECTION, 522
PAYMENTS AND INTEREST CREDITED TO THE FUND SHALL BE TRANSFERRED
BY THE DIRECTOR OF BUDGET AND MANAGEMENT AS FOLLOWS: 524
(A) OF THE PAYMENTS CREDITED TO THE TOBACCO MASTER 526
SETTLEMENT AGREEMENT FUND IN 2000 AND THE AMOUNTS CREDITED TO THE 527
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FUND ANNUALLY FROM 2001 TO 2006 AND FROM 2012 TO 2014, THE 528
FOLLOWING AMOUNTS SHALL BE TRANSFERRED TO THE TOBACCO USE 529
PREVENTION AND CESSATION TRUST FUND, CREATED IN SECTION 183.03 OF 530
THE REVISED CODE: 531
YEAR AMOUNT 533
2000 (FIRST PAYMENT CREDITED) $104,855,222.85 534
2000 (SECOND PAYMENT CREDITED) 130,000,000.00 535
2001 135,000,000.00 536
2002 140,000,000.00 537
2003 150,000,000.00 538
2004 150,000,000.00 539
2005 150,000,000.00 540
2006 150,000,000.00 541
2012 150,000,000.00 542
2013 150,000,000.00 543
2014 90,144,777.15 544
(B) OF THE PAYMENTS CREDITED TO THE TOBACCO MASTER 547
SETTLEMENT AGREEMENT FUND IN 2000 AND THE AMOUNTS CREDITED TO THE 548
FUND IN 2001, THE FOLLOWING AMOUNTS SHALL BE TRANSFERRED TO THE 550
LAW ENFORCEMENT IMPROVEMENTS TRUST FUND, CREATED IN SECTION 551
183.11 OF THE REVISED CODE:
YEAR AMOUNT 554
2000 (FIRST PAYMENT CREDITED) $10,000,000 555
2000 (SECOND PAYMENT CREDITED) 10,000,000 556
2001 5,000,000 557
(C) FIVE PER CENT OF THE PAYMENTS CREDITED TO THE TOBACCO 560
MASTER SETTLEMENT AGREEMENT FUND ANNUALLY FROM 2000 TO 2011 SHALL 561
BE TRANSFERRED TO THE SOUTHERN OHIO AGRICULTURAL AND COMMUNITY 562
DEVELOPMENT TRUST FUND, CREATED IN SECTION 183.12 OF THE REVISED 563
CODE. 564
(D) THE FOLLOWING PERCENTAGES OF THE NET AMOUNTS CREDITED 566
TO THE TOBACCO MASTER SETTLEMENT AGREEMENT FUND ANNUALLY SHALL BE 567
TRANSFERRED TO OHIO'S PUBLIC HEALTH PRIORITIES TRUST FUND, 568
CREATED IN SECTION 183.20 OF THE REVISED CODE: 569
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YEAR PERCENTAGE 571
2000 6.00 572
2001 7.50 573
2002 6.00 574
2003 6.50 575
2004 9.50 576
2005 10.00 577
2006 10.50 578
2007 6.00 579
2008 6.00 580
2009 6.25 581
2010 6.50 582
2011 6.75 583
2012 12.00 584
2013 12.50 585
2014 14.60 586
2015 TO 2025 15.85 587
(E) THE FOLLOWING PERCENTAGES OF THE NET AMOUNTS CREDITED 590
TO THE TOBACCO MASTER SETTLEMENT AGREEMENT FUND ANNUALLY SHALL BE 591
TRANSFERRED TO THE BIOMEDICAL RESEARCH AND TECHNOLOGY TRANSFER 592
TRUST FUND, CREATED IN SECTION 183.21 OF THE REVISED CODE: 594
YEAR PERCENTAGE 596
2000 3.00 597
2001 15.75 598
2002 11.75 599
2003 12.00 600
2004 16.75 601
2005 17.50 602
2006 18.00 603
2007 15.00 604
2008 13.75 605
2009 13.75 606
2010 13.75 607
2011 13.75 608
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2012 21.50 609
2013 21.50 610
2014 26.00 611
2015 TO 2025 27.00 612
(F) THE FOLLOWING PERCENTAGES OF THE NET AMOUNTS CREDITED 615
TO THE TOBACCO MASTER SETTLEMENT AGREEMENT FUND ANNUALLY, LESS 616
FIVE MILLION DOLLARS PER YEAR, SHALL BE TRANSFERRED TO THE 617
EDUCATION FACILITIES TRUST FUND, CREATED IN SECTION 183.28 OF THE 618
REVISED CODE: 619
YEAR PERCENTAGE 621
2000 82.75 622
2001 70.00 623
2002 74.00 624
2003 73.75 625
2004 69.00 626
2005 68.25 627
2006 67.75 628
2007 75.00 629
2008 74.75 630
2009 74.75 631
2010 74.75 632
2011 74.75 633
2012 49.60 634
(G) OF THE NET AMOUNTS CREDITED TO THE TOBACCO MASTER 637
SETTLEMENT AGREEMENT FUND ANNUALLY, FROM 2000 TO 2012 FIVE 638
MILLION DOLLARS PER YEAR SHALL BE TRANSFERRED TO THE EDUCATION 639
FACILITIES ENDOWMENT FUND, CREATED IN SECTION 183.29 OF THE 640
REVISED CODE. FROM 2013 TO 2025 THE FOLLOWING PERCENTAGES OF THE 642
NET AMOUNTS CREDITED TO THE TOBACCO MASTER SETTLEMENT AGREEMENT 643
FUND ANNUALLY SHALL BE TRANSFERRED TO THE ENDOWMENT FUND: 644
YEAR PERCENTAGE 646
2013 49.60 647
2014 43.60 648
2015 TO 2025 40.90 649
17
(H) THE FOLLOWING PERCENTAGES OF THE NET AMOUNTS CREDITED 652
TO THE TOBACCO MASTER SETTLEMENT AGREEMENT FUND ANNUALLY SHALL BE 653
TRANSFERRED TO THE EDUCATION TECHNOLOGY TRUST FUND, CREATED IN 654
SECTION 183.30 OF THE REVISED CODE: 655
YEAR PERCENTAGE 657
2000 8.25 658
2001 6.75 659
2002 8.25 660
2003 7.75 661
2004 4.75 662
2005 4.25 663
2006 3.75 664
2007 4.00 665
2008 5.50 666
2009 5.25 667
2010 5.00 668
2011 4.75 669
2012 16.90 670
2013 16.40 671
2014 15.80 672
2015 TO 2025 16.25 673
(I) IF IN ANY YEAR FROM 2001 TO 2014 THE PAYMENTS AND 676
INTEREST CREDITED TO THE TOBACCO MASTER SETTLEMENT AGREEMENT FUND 677
DURING THE YEAR AMOUNT TO LESS THAN THE AMOUNTS REQUIRED TO BE 678
TRANSFERRED TO THE TOBACCO USE PREVENTION AND CESSATION TRUST 679
FUND AND THE SOUTHERN OHIO AGRICULTURAL AND COMMUNITY DEVELOPMENT 680
TRUST FUND THAT YEAR, THE DIRECTOR OF BUDGET AND MANAGEMENT SHALL 681
MAKE NONE OF THE TRANSFERS REQUIRED BY DIVISIONS (A) TO (H) OF 683
THIS SECTION.
Sec. 183.03. THE TOBACCO USE PREVENTION AND CESSATION 685
TRUST FUND IS HEREBY CREATED IN THE STATE TREASURY. MONEY 686
CREDITED TO THE FUND SHALL BE USED AS PROVIDED IN SECTIONS 183.04 687
TO 183.10 OF THE REVISED CODE. ALL INVESTMENT EARNINGS OF THE 689
FUND SHALL BE CREDITED TO THE FUND. 690
18
Sec. 183.04. THERE IS HEREBY CREATED THE TOBACCO USE 692
PREVENTION AND CONTROL FOUNDATION, THE GENERAL MANAGEMENT OF 693
WHICH IS VESTED IN A BOARD OF TRUSTEES OF NINETEEN MEMBERS AS 694
FOLLOWS:
(A) NINE MEMBERS WHO ARE HEALTH PROFESSIONALS, HEALTH 696
RESEARCHERS, OR REPRESENTATIVES OF HEALTH ORGANIZATIONS. THREE 697
OF THESE MEMBERS SHALL BE APPOINTED BY THE GOVERNOR, TWO BY THE 698
SPEAKER OF THE HOUSE OF REPRESENTATIVES, ONE BY THE MINORITY 699
LEADER OF THE HOUSE OF REPRESENTATIVES, TWO BY THE PRESIDENT OF 700
THE SENATE, AND ONE BY THE MINORITY LEADER OF THE SENATE. 702
(B) TWO MEMBERS, ONE OF WHOM HAS EXPERIENCE IN FINANCIAL 704
PLANNING AND ACCOUNTING AND ONE OF WHOM HAS EXPERIENCE IN MEDIA 705
AND MASS MARKETING, WHO SHALL BE APPOINTED BY THE GOVERNOR; 706
(C) ONE MEMBER, WHO SHALL BE APPOINTED BY THE GOVERNOR 708
FROM A LIST OF AT LEAST THREE INDIVIDUALS RECOMMENDED BY THE 709
AMERICAN CANCER SOCIETY; 710
(D) ONE MEMBER, WHO SHALL BE APPOINTED BY THE GOVERNOR 712
FROM A LIST OF AT LEAST THREE INDIVIDUALS RECOMMENDED BY THE 713
AMERICAN HEART ASSOCIATION; 714
(E) ONE MEMBER, WHO SHALL BE APPOINTED BY THE GOVERNOR 716
FROM A LIST OF AT LEAST THREE INDIVIDUALS RECOMMENDED BY THE 717
AMERICAN LUNG ASSOCIATION; 718
(F) ONE MEMBER, WHO SHALL BE APPOINTED BY THE GOVERNOR 720
FROM A LIST OF AT LEAST THREE INDIVIDUALS RECOMMENDED BY THE 721
ASSOCIATION OF HOSPITALS AND HEALTH SYSTEMS; 722
(G) ONE MEMBER, WHO SHALL BE APPOINTED BY THE GOVERNOR 724
FROM A LIST OF AT LEAST THREE INDIVIDUALS RECOMMENDED BY THE OHIO 725
STATE MEDICAL ASSOCIATION; 726
(H) THE DIRECTOR OF HEALTH, EXECUTIVE DIRECTOR OF THE 728
COMMISSION ON MINORITY HEALTH, AND ATTORNEY GENERAL, WHO SHALL 729
SERVE AS EX OFFICIO MEMBERS. 730
THE APPOINTMENTS OF THE GOVERNOR SHALL BE WITH THE ADVICE 732
AND CONSENT OF THE SENATE. 733
TERMS OF OFFICE FOR THE MEMBERS APPOINTED BY THE GOVERNOR, 735
19
PRESIDENT, AND SPEAKER SHALL BE FOR FIVE YEARS. EACH MEMBER 736
SHALL HOLD OFFICE FROM THE DATE OF APPOINTMENT UNTIL THE END OF 737
THE TERM FOR WHICH THE MEMBER WAS APPOINTED. ANY MEMBER 738
APPOINTED TO FILL A VACANCY OCCURRING PRIOR TO THE EXPIRATION OF 739
THE TERM FOR WHICH THE MEMBER'S PREDECESSOR WAS APPOINTED SHALL 740
HOLD OFFICE FOR THE REMAINDER OF THAT TERM. ANY MEMBER SHALL 741
CONTINUE IN OFFICE SUBSEQUENT TO THE EXPIRATION DATE OF THE 742
MEMBER'S TERM UNTIL THE MEMBER'S SUCCESSOR TAKES OFFICE, OR UNTIL 743
A PERIOD OF SIXTY DAYS HAS ELAPSED, WHICHEVER OCCURS FIRST. A 744
VACANCY IN AN UNEXPIRED TERM SHALL BE FILLED IN THE SAME MANNER 745
AS THE ORIGINAL APPOINTMENT. THE GOVERNOR MAY REMOVE ANY MEMBER 746
FOR MALFEASANCE, MISFEASANCE, OR NONFEASANCE AFTER A HEARING IN 747
ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE. 749
THE MEMBERS OF THE BOARD SHALL SERVE WITHOUT COMPENSATION 751
BUT SHALL RECEIVE THEIR REASONABLE AND NECESSARY EXPENSES 752
INCURRED IN THE CONDUCT OF FOUNDATION BUSINESS. 753
SECTION 101.84 OF THE REVISED CODE DOES NOT APPLY TO THE 755
FOUNDATION. 756
Sec. 183.05. THE BOARD OF TRUSTEES OF THE TOBACCO USE 758
PREVENTION AND CONTROL FOUNDATION SHALL SELECT A CHAIRPERSON FROM 759
AMONG ITS MEMBERS AND SHALL MEET ONCE DURING EACH QUARTER OR AT 760
SUCH OTHER TIMES AS THE BOARD DECIDES. A MAJORITY OF THE MEMBERS 761
OF THE BOARD CONSTITUTES A QUORUM, AND NO ACTION SHALL BE TAKEN 762
WITHOUT THE AFFIRMATIVE VOTE OF A MAJORITY OF THE MEMBERS. 763
Sec. 183.06. THE BOARD OF TRUSTEES OF THE TOBACCO USE 765
PREVENTION AND CONTROL FOUNDATION SHALL APPOINT AND SET THE 766
COMPENSATION OF AN EXECUTIVE DIRECTOR AND OTHER EMPLOYEES NEEDED 767
TO CARRY OUT THE DUTIES OF THE FOUNDATION. BEFORE ENTERING UPON 768
THE DISCHARGE OF THE DUTIES OF OFFICE, THE EXECUTIVE DIRECTOR 769
SHALL GIVE A BOND TO THE STATE, TO BE APPROVED BY THE GOVERNOR, 770
CONDITIONED FOR THE FAITHFUL PERFORMANCE OF THE DUTIES OF OFFICE. 771
THE EXECUTIVE DIRECTOR AND THE OTHER EMPLOYEES OF THE FOUNDATION 772
ARE STATE EMPLOYEES AND SERVE IN THE UNCLASSIFIED SERVICE. 773
Sec. 183.07. THE TOBACCO USE PREVENTION AND CONTROL 775
20
FOUNDATION SHALL PREPARE A PLAN TO REDUCE TOBACCO USE BY OHIOANS, 776
WITH EMPHASIS ON REDUCING THE USE OF TOBACCO BY YOUTH, MINORITY 777
AND REGIONAL POPULATIONS, PREGNANT WOMEN, AND OTHERS WHO MAY BE 778
DISPROPORTIONATELY AFFECTED BY THE USE OF TOBACCO. THE PLAN 779
SHALL COVER A PERIOD OF AT LEAST FIVE YEARS AND BE UPDATED 780
ANNUALLY. AT A MINIMUM, THE PLAN SHALL CONTAIN BASELINE DATA FOR 781
TOBACCO USE BY OHIOANS AND ESTABLISH OUTCOME OBJECTIVES FOR 782
REDUCING TOBACCO USE BY OHIOANS DURING THE PERIOD COVERED BY THE 783
PLAN. COPIES OF THE PLAN SHALL BE AVAILABLE TO THE PUBLIC. 784
PURSUANT TO THE PLAN, THE FOUNDATION SHALL CARRY OUT, OR 786
PROVIDE FUNDING FOR PRIVATE OR PUBLIC AGENCIES TO CARRY OUT, 787
RESEARCH AND PROGRAMS RELATED TO TOBACCO USE PREVENTION AND 788
CESSATION. THE FOUNDATION SHALL ESTABLISH AN OBJECTIVE PROCESS 789
TO DETERMINE WHICH RESEARCH AND PROGRAM PROPOSALS TO FUND. WHEN 790
APPROPRIATE, PROPOSALS FOR RESEARCH SHALL BE PEER-REVIEWED. NO 791
PROGRAM SHALL BE CARRIED OUT OR FUNDED BY THE FOUNDATION UNLESS 792
THERE IS RESEARCH THAT INDICATES THAT THE PROGRAM IS LIKELY TO 793
ACHIEVE THE RESULTS DESIRED. EACH RESEARCH AND PROGRAM FUNDED BY 794
THE FOUNDATION SHALL BE GOAL-ORIENTED AND INDEPENDENTLY AND 795
OBJECTIVELY EVALUATED ANNUALLY ON WHETHER IT IS MEETING ITS 796
GOALS. THE FOUNDATION SHALL CONTRACT FOR SUCH EVALUATIONS AND 797
FOR THE ANNUAL EVALUATION REQUIRED BY SECTION 183.10 OF THE 798
REVISED CODE AND SHALL DEVELOP SPECIFIC POLICIES REGARDING 800
CONFLICTS OF INTEREST IN THE RESEARCH AND PROGRAMS IT FUNDS. 801
THE FOUNDATION SHALL ENDEAVOR TO COORDINATE ITS RESEARCH 803
AND PROGRAMS WITH THE EFFORTS OF OTHER AGENCIES OF THIS STATE TO 804
REDUCE TOBACCO USE BY OHIOANS. 805
Sec. 183.08. CHAPTERS 125. AND 127. OF THE REVISED CODE DO 808
NOT APPLY TO THE PURCHASE OF SERVICES BY THE TOBACCO USE 809
PREVENTION AND CONTROL FOUNDATION. 810
Sec. 183.09. THERE IS HEREBY CREATED THE TOBACCO USE 812
PREVENTION AND CONTROL ENDOWMENT FUND, WHICH SHALL BE IN THE 813
CUSTODY OF THE TREASURER OF STATE BUT SHALL NOT BE A PART OF THE 814
STATE TREASURY. THE ENDOWMENT FUND SHALL CONSIST OF AMOUNTS 815
21
APPROPRIATED FROM THE TOBACCO USE PREVENTION AND CESSATION TRUST 816
FUND, AS WELL AS GRANTS AND DONATIONS MADE TO THE TOBACCO USE 817
PREVENTION AND CONTROL FOUNDATION. THE ENDOWMENT FUND SHALL BE 818
USED BY THE FOUNDATION TO CARRY OUT ITS DUTIES. 819
THE FOUNDATION IS THE TRUSTEE OF THE ENDOWMENT FUND. 821
DISBURSEMENTS FROM THE FUND SHALL BE PAID BY THE TREASURER OF 822
STATE ONLY UPON INSTRUMENTS DULY AUTHORIZED BY THE BOARD OF 823
TRUSTEES OF THE FOUNDATION. THE FOUNDATION SHALL DIRECT THE 824
TREASURER OF STATE TO INVEST ALL MONEY CREDITED TO THE ENDOWMENT 825
FUND THAT IS NOT CURRENTLY NEEDED FOR CARRYING OUT THE FUNCTIONS 826
OF THE FOUNDATION. THE ELIGIBLE LIST OF INVESTMENTS FOR THE FUND 827
SHALL BE THE SAME AS FOR THE PUBLIC EMPLOYEES RETIREMENT SYSTEM 828
UNDER SECTION 145.11 OF THE REVISED CODE. ALL INVESTMENTS MADE 830
BY THE FOUNDATION SHALL BE SUBJECT TO THE SAME LIMITATIONS AND
REQUIREMENTS AS THE RETIREMENT SYSTEM UNDER THAT SECTION AND 831
SECTIONS 145.112 AND 145.113 OF THE REVISED CODE. 833
THE FOUNDATION SHALL BE SELF-SUSTAINING AND SHOULD NOT 835
EXPECT TO RECEIVE FUNDING FROM THE STATE BEYOND THE AMOUNTS 836
APPROPRIATED TO IT FROM THE TOBACCO USE PREVENTION AND CESSATION 837
TRUST FUND.
Sec. 183.10. THE FISCAL YEAR OF THE TOBACCO USE PREVENTION 839
AND CONTROL FOUNDATION SHALL BE THE SAME AS THE FISCAL YEAR OF 840
THE STATE.
WITHIN NINETY DAYS AFTER THE END OF EACH FISCAL YEAR, THE 842
FOUNDATION SHALL SUBMIT TO THE GOVERNOR AND THE GENERAL ASSEMBLY 843
BOTH OF THE FOLLOWING: 844
(A) A REPORT OF THE ACTIVITIES OF THE FOUNDATION DURING 846
THE PRECEDING FISCAL YEAR AND AN INDEPENDENT AND OBJECTIVE 847
EVALUATION OF THE PROGRESS BEING MADE BY THE FOUNDATION IN 848
REDUCING TOBACCO USE BY OHIOANS; 849
(B) A FINANCIAL REPORT OF THE FOUNDATION FOR THE PRECEDING 851
FISCAL YEAR, WHICH SHALL INCLUDE BOTH: 852
(1) INFORMATION ON THE AMOUNT AND PERCENTAGE OF OVERHEAD 854
AND ADMINISTRATIVE EXPENDITURES COMPARED TO PROGRAMMATIC 855
22
EXPENDITURES;
(2) AN INDEPENDENT AUDITOR'S REPORT ON THE GENERAL PURPOSE 857
FINANCIAL STATEMENTS OF THE FOUNDATION. SUCH FINANCIAL 858
STATEMENTS SHALL BE PREPARED IN CONFORMITY WITH GENERALLY 859
ACCEPTED ACCOUNTING PRINCIPLES PRESCRIBED FOR GOVERNMENTAL 860
ENTITIES.
Sec. 183.11. THE LAW ENFORCEMENT IMPROVEMENTS TRUST FUND 862
IS HEREBY CREATED IN THE STATE TREASURY. MONEY CREDITED TO THE 863
FUND SHALL BE USED BY THE ATTORNEY GENERAL TO MAINTAIN, UPGRADE, 864
AND MODERNIZE THE LAW ENFORCEMENT TRAINING AND LABORATORY 865
FACILITIES OF THE OFFICE OF THE ATTORNEY GENERAL. ALL INVESTMENT 866
EARNINGS OF THE FUND SHALL BE CREDITED TO THE FUND. 867
Sec. 183.12. THE SOUTHERN OHIO AGRICULTURAL AND COMMUNITY 869
DEVELOPMENT TRUST FUND IS HEREBY CREATED IN THE STATE TREASURY. 870
MONEY CREDITED TO THE FUND SHALL BE USED AS PROVIDED IN SECTIONS 871
183.13 TO 183.19 OF THE REVISED CODE. ALL INVESTMENT EARNINGS OF 873
THE FUND SHALL BE CREDITED TO THE FUND. 874
Sec. 183.13. THERE IS HEREBY CREATED THE SOUTHERN OHIO 876
AGRICULTURAL AND COMMUNITY DEVELOPMENT FOUNDATION, THE GENERAL 877
MANAGEMENT OF WHICH IS VESTED IN A BOARD OF TRUSTEES OF FIFTEEN 878
MEMBERS AS FOLLOWS: 879
(A) THE DIRECTOR OF AGRICULTURE, WHO SHALL BE THE 881
CHAIRPERSON OF THE FOUNDATION, DIRECTOR OF DEVELOPMENT, EXECUTIVE 882
DIRECTOR OF THE OHIO RURAL DEVELOPMENT PARTNERSHIP, DIRECTOR OF 883
THE OHIO STATE UNIVERSITY EXTENSION, AND A DESIGNEE OF THE 884
DIRECTOR OF AGRICULTURE, WHO SHALL SERVE AS EX OFFICIO OFFICERS; 885
(B) TWO RESIDENTS OF THE SOUTHERN OHIO REGION WITH 887
EXPERIENCE IN LOCAL AGRICULTURAL ECONOMIC DEVELOPMENT OR 889
COMMUNITY DEVELOPMENT APPOINTED BY THE GOVERNOR; 890
(C) TWO ACTIVE FARMERS FROM SOUTHERN OHIO APPOINTED BY THE 893
GOVERNOR; 894
(D) TWO MEMBERS OF THE SENATE, AT LEAST ONE OF THEM FROM 896
SOUTHERN OHIO, APPOINTED BY THE PRESIDENT OF THE SENATE, WHO 897
SHALL BE NONVOTING; 898
23
(E) ONE MEMBER OF THE SENATE APPOINTED BY THE MINORITY 900
LEADER OF THE SENATE, WHO SHALL BE NONVOTING; 901
(F) TWO MEMBERS OF THE HOUSE OF REPRESENTATIVES, AT LEAST 903
ONE OF THEM FROM SOUTHERN OHIO, APPOINTED BY THE SPEAKER OF THE 904
HOUSE OF REPRESENTATIVES, WHO SHALL BE NONVOTING; 906
(G) ONE MEMBER OF THE HOUSE OF REPRESENTATIVES APPOINTED 908
BY THE MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES, WHO SHALL 910
BE NONVOTING.
THE APPOINTMENTS OF THE GOVERNOR SHALL BE WITH THE ADVICE 912
AND CONSENT OF THE SENATE. 913
TERMS OF OFFICE FOR THE MEMBERS APPOINTED BY THE GOVERNOR 915
SHALL BE FOR FIVE YEARS. EACH SUCH MEMBER SHALL HOLD OFFICE FROM 916
THE DATE OF APPOINTMENT UNTIL THE END OF THE TERM FOR WHICH THE 917
MEMBER WAS APPOINTED. ANY MEMBER APPOINTED BY THE GOVERNOR TO 918
FILL A VACANCY OCCURRING PRIOR TO THE EXPIRATION OF THE TERM FOR 920
WHICH THE MEMBER'S PREDECESSOR WAS APPOINTED SHALL HOLD OFFICE 921
FOR THE REMAINDER OF SUCH TERM. ANY MEMBER APPOINTED BY THE 922
GOVERNOR SHALL CONTINUE IN OFFICE SUBSEQUENT TO THE EXPIRATION 923
DATE OF THE MEMBER'S TERM UNTIL THE MEMBER'S SUCCESSOR TAKES 924
OFFICE, OR UNTIL A PERIOD OF SIXTY DAYS HAS ELAPSED, WHICHEVER 925
OCCURS FIRST. THE GOVERNOR MAY REMOVE ANY MEMBER APPOINTED BY 927
THE GOVERNOR FOR MALFEASANCE, MISFEASANCE, OR NONFEASANCE AFTER A 929
HEARING IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE. 931
A VACANCY ON THE BOARD SHALL BE FILLED IN THE SAME MANNER 934
AS THE ORIGINAL APPOINTMENT. LEGISLATIVE MEMBERS OF THE BOARD
SERVE AT THE PLEASURE OF THE MEMBER'S APPOINTING AUTHORITY. 935
THE MEMBERS OF THE BOARD SHALL SERVE WITHOUT COMPENSATION 937
BUT SHALL RECEIVE THEIR REASONABLE AND NECESSARY EXPENSES 938
INCURRED IN THE CONDUCT OF FOUNDATION BUSINESS. 939
SECTION 101.84 OF THE REVISED CODE DOES NOT APPLY TO THE 941
FOUNDATION. 942
Sec. 183.14. THE BOARD OF TRUSTEES OF THE SOUTHERN OHIO 944
AGRICULTURAL AND COMMUNITY DEVELOPMENT FOUNDATION SHALL MEET ONCE 945
DURING EACH QUARTER OR AT SUCH OTHER TIMES AS THE BOARD DECIDES. 947
24
A MAJORITY OF THE VOTING MEMBERS OF THE BOARD CONSTITUTES A
QUORUM, AND NO ACTION SHALL BE TAKEN WITHOUT THE AFFIRMATIVE VOTE 949
OF A MAJORITY OF THE VOTING MEMBERS.
Sec. 183.15. THE BOARD OF TRUSTEES OF THE SOUTHERN OHIO 951
AGRICULTURAL AND COMMUNITY DEVELOPMENT FOUNDATION SHALL APPOINT 952
AND SET THE COMPENSATION OF AN EXECUTIVE DIRECTOR AND OTHER 953
EMPLOYEES NEEDED TO CARRY OUT THE DUTIES OF THE FOUNDATION. 954
BEFORE ENTERING UPON THE DISCHARGE OF THE DUTIES OF OFFICE, THE 955
EXECUTIVE DIRECTOR SHALL GIVE A BOND TO THE STATE, TO BE APPROVED 956
BY THE GOVERNOR, CONDITIONED FOR THE FAITHFUL PERFORMANCE OF THE 957
DUTIES OF OFFICE. THE EXECUTIVE DIRECTOR AND THE OTHER EMPLOYEES 958
OF THE FOUNDATION ARE STATE EMPLOYEES AND SERVE IN THE 959
UNCLASSIFIED SERVICE. 960
Sec. 183.16. THE SOUTHERN OHIO AGRICULTURAL AND COMMUNITY 962
DEVELOPMENT FOUNDATION SHALL ENDEAVOR TO REPLACE THE PRODUCTION 963
OF TOBACCO IN SOUTHERN OHIO WITH THE PRODUCTION OF OTHER 964
AGRICULTURAL PRODUCTS AND TO MITIGATE THE ADVERSE ECONOMIC IMPACT 965
OF REDUCED TOBACCO PRODUCTION IN THE REGION BY PREPARING, 967
IMPLEMENTING, AND KEEPING CURRENT A PLAN TO DO ALL OF THE 969
FOLLOWING:
(A) DEVELOP MEANS FOR TOBACCO GROWERS TO GROW OTHER 971
AGRICULTURAL PRODUCTS VOLUNTARILY; 972
(B) INCREASE THE VARIETY, QUANTITY, AND VALUE OF 974
AGRICULTURAL PRODUCTS OTHER THAN TOBACCO THAT ARE PRODUCED IN 975
THOSE PARTS OF THIS STATE WHERE TOBACCO HAS TRADITIONALLY BEEN 976
GROWN;
(C) PRESERVE AGRICULTURAL LAND AND SOILS IN THOSE PARTS OF 978
THIS STATE WHERE TOBACCO HAS TRADITIONALLY BEEN GROWN; 979
(D) MAKE STRATEGIC INVESTMENTS IN COMMUNITIES THAT WILL BE 981
AFFECTED BY THE REDUCTION IN THE DEMAND FOR TOBACCO; 982
(E) PROVIDE EDUCATION AND TRAINING ASSISTANCE TO TOBACCO 984
GROWERS TO HELP THEM MAKE THE TRANSITION OUT OF TOBACCO 985
PRODUCTION.
COPIES OF THE PLAN SHALL BE MADE AVAILABLE TO THE PUBLIC. 987
25
THE FOUNDATION SHALL MAKE GRANTS OR LOANS TO INDIVIDUALS, 989
PUBLIC AGENCIES, OR PRIVATELY OWNED COMPANIES TO CARRY OUT THE 990
PLAN. THE FOUNDATION SHALL ALSO DEVELOP SPECIFIC POLICIES 991
REGARDING CONFLICTS OF INTEREST IN THE MAKING OF GRANTS OR LOANS. 992
Sec. 183.17. CHAPTERS 125. AND 127. OF THE REVISED CODE DO 995
NOT APPLY TO THE PURCHASE OF SERVICES BY THE TOBACCO USE 996
PREVENTION AND CONTROL FOUNDATION. 997
Sec. 183.18. THERE IS HEREBY CREATED THE SOUTHERN OHIO 999
AGRICULTURAL AND COMMUNITY DEVELOPMENT FOUNDATION ENDOWMENT FUND, 1,000
WHICH SHALL BE IN THE CUSTODY OF THE TREASURER OF STATE BUT SHALL 1,002
NOT BE A PART OF THE STATE TREASURY. THE ENDOWMENT FUND SHALL
CONSIST OF AMOUNTS APPROPRIATED FROM THE SOUTHERN OHIO 1,003
AGRICULTURAL AND COMMUNITY DEVELOPMENT TRUST FUND, AS WELL AS 1,004
GRANTS AND DONATIONS MADE TO THE SOUTHERN OHIO AGRICULTURAL AND 1,005
COMMUNITY DEVELOPMENT FOUNDATION. THE ENDOWMENT FUND SHALL BE 1,006
USED BY THE FOUNDATION TO CARRY OUT ITS DUTIES. 1,007
THE FOUNDATION IS THE TRUSTEE OF THE ENDOWMENT FUND. 1,009
DISBURSEMENTS FROM THE FUND SHALL BE PAID BY THE TREASURER OF 1,010
STATE ONLY UPON INSTRUMENTS DULY AUTHORIZED BY THE BOARD OF 1,011
TRUSTEES OF THE FOUNDATION. THE FOUNDATION SHALL DIRECT THE 1,012
TREASURER OF STATE TO INVEST ALL MONEY CREDITED TO THE ENDOWMENT 1,013
FUND THAT IS NOT CURRENTLY NEEDED FOR CARRYING OUT THE FUNCTIONS 1,014
OF THE FOUNDATION. THE ELIGIBLE LIST OF INVESTMENTS FOR THE FUND 1,015
SHALL BE THE SAME AS FOR THE PUBLIC EMPLOYEES RETIREMENT SYSTEM 1,016
UNDER SECTION 145.11 OF THE REVISED CODE. ALL INVESTMENTS MADE 1,018
BY THE FOUNDATION SHALL BE SUBJECT TO THE SAME LIMITATIONS AND
REQUIREMENTS AS THE RETIREMENT SYSTEM UNDER THAT SECTION AND 1,019
SECTIONS 145.112 AND 145.113 OF THE REVISED CODE. 1,020
Sec. 183.19. THE FISCAL YEAR OF THE SOUTHERN OHIO 1,022
AGRICULTURAL AND COMMUNITY DEVELOPMENT FOUNDATION SHALL BE THE 1,023
SAME AS THE FISCAL YEAR OF THE STATE. 1,024
WITHIN NINETY DAYS AFTER THE END OF EACH FISCAL YEAR, THE 1,026
FOUNDATION SHALL SUBMIT TO THE GOVERNOR AND THE GENERAL ASSEMBLY 1,027
BOTH OF THE FOLLOWING: 1,028
26
(A) A REPORT OF THE ACTIVITIES OF THE FOUNDATION DURING 1,030
THE PRECEDING FISCAL YEAR. THE REPORT SHALL ALSO CONTAIN AN 1,031
INDEPENDENT EVALUATION OF THE PROGRESS BEING MADE BY THE 1,032
FOUNDATION IN CARRYING OUT ITS DUTIES. 1,033
(B) A FINANCIAL REPORT OF THE FOUNDATION FOR THE PRECEDING 1,035
YEAR, WHICH SHALL INCLUDE BOTH: 1,036
(1) INFORMATION ON THE AMOUNT AND PERCENTAGE OF OVERHEAD 1,038
AND ADMINISTRATIVE EXPENDITURES COMPARED TO PROGRAMMATIC 1,039
EXPENDITURES;
(2) AN INDEPENDENT AUDITOR'S REPORT ON THE GENERAL PURPOSE 1,041
FINANCIAL STATEMENTS OF THE FOUNDATION. SUCH FINANCIAL 1,042
STATEMENTS SHALL BE PREPARED IN CONFORMITY WITH GENERALLY 1,043
ACCEPTED ACCOUNTING PRINCIPLES PRESCRIBED FOR GOVERNMENTAL 1,044
ENTITIES.
ON OR BEFORE JULY 1, 2010, THE FOUNDATION SHALL REPORT TO 1,046
THE GOVERNOR AND THE GENERAL ASSEMBLY ON THE PROGRESS THAT THE 1,047
FOUNDATION HAS MADE IN REPLACING THE PRODUCTION OF TOBACCO IN 1,048
SOUTHERN OHIO WITH THE PRODUCTION OF OTHER AGRICULTURAL PRODUCTS 1,049
AND IN MITIGATING THE ADVERSE ECONOMIC IMPACT OF REDUCED TOBACCO 1,050
PRODUCTION IN THE REGION. IF THE FOUNDATION CONCLUDES THAT A 1,052
NEED FOR ADDITIONAL FUNDING STILL EXISTS, THE FOUNDATION MAY 1,053
REQUEST THAT PROVISION BE MADE FOR A PORTION OF THE PAYMENTS 1,054
CREDITED TO THE TOBACCO MASTER SETTLEMENT AGREEMENT FUND TO 1,055
CONTINUE TO BE TRANSFERRED TO THE SOUTHERN OHIO AGRICULTURAL AND 1,056
COMMUNITY DEVELOPMENT TRUST FUND. 1,057
Sec. 183.20. OHIO'S PUBLIC HEALTH PRIORITIES TRUST FUND IS 1,059
HEREBY CREATED IN THE STATE TREASURY. MONEY CREDITED TO THE FUND 1,060
SHALL BE USED FOR THE FOLLOWING PURPOSES: 1,061
(A) MINORITY HEALTH PROGRAMS, ON WHICH NOT LESS THAN 1,063
TWENTY-FIVE PER CENT OF THE ANNUAL APPROPRIATIONS FROM THE TRUST 1,064
FUND SHALL BE EXPENDED; 1,065
(B) ENFORCING SECTION 2927.02 OF THE REVISED CODE; 1,068
(C) ALCOHOL AND DRUG ABUSE PREVENTION PROGRAMS, INCLUDING 1,070
PROGRAMS FOR ADULT AND JUVENILE OFFENDERS IN STATE INSTITUTIONS 1,071
27
AND AFTERCARE PROGRAMS; 1,072
(D) A PROGRAM FUNDED THROUGH THE DEPARTMENT OF HEALTH TO 1,074
PROVIDE ASSISTANCE TO LOW-INCOME PERSONS WHOSE HEALTH HAS BEEN 1,075
ADVERSELY AFFECTED BY TOBACCO USE; 1,076
(E) PARTIAL REIMBURSEMENT, ON A COUNTY BASIS, OF PUBLIC 1,078
HOSPITALS, FREE MEDICAL CLINICS, AND SIMILAR ORGANIZATIONS OR 1,079
PROGRAMS THAT PROVIDE FREE, UNCOMPENSATED CARE TO THE GENERAL 1,080
PUBLIC. 1,081
ALL INVESTMENT EARNINGS OF THE FUND SHALL BE CREDITED TO 1,083
THE FUND.
Sec. 183.21. THE BIOMEDICAL RESEARCH AND TECHNOLOGY 1,085
TRANSFER TRUST FUND IS HEREBY CREATED IN THE STATE TREASURY. 1,086
MONEY CREDITED TO THE FUND SHALL BE USED AS PROVIDED IN SECTION 1,087
183.22 TO 183.27 OF THE REVISED CODE. ALL INVESTMENT EARNINGS OF 1,088
THE FUND SHALL BE CREDITED TO THE FUND. 1,089
Sec. 183.22. THERE IS HEREBY CREATED THE BIOMEDICAL 1,091
RESEARCH AND TECHNOLOGY TRANSFER COMMISSION WITHIN THE OHIO BOARD 1,092
OF REGENTS. THE COMMISSION SHALL CONSIST OF TWENTY MEMBERS AS 1,093
FOLLOWS:
(A) THE CHANCELLOR OF THE BOARD, DIRECTOR OF DEVELOPMENT, 1,095
DIRECTOR OF HEALTH, AND EXECUTIVE DIRECTOR OF THE COMMISSION ON 1,096
MINORITY HEALTH, WHO SHALL SERVE AS EX OFFICIO MEMBERS; 1,097
(B) ELEVEN MEMBERS, WHO SHALL NOT BE OR REPRESENT 1,099
POTENTIAL RECIPIENTS OF GRANTS FROM THE COMMISSION, APPOINTED AS 1,100
FOLLOWS:
(1) FIVE MEMBERS, APPOINTED BY THE GOVERNOR, TWO OF WHOM 1,102
ARE EXPERTS IN THE RESULTS OF BIOMEDICAL RESEARCH; 1,103
(2) TWO MEMBERS APPOINTED BY THE SPEAKER OF THE HOUSE OF 1,105
REPRESENTATIVES; 1,106
(3) ONE MEMBER APPOINTED BY THE MINORITY LEADER OF THE 1,108
HOUSE OF REPRESENTATIVES; 1,109
(4) TWO MEMBERS APPOINTED BY THE PRESIDENT OF THE SENATE; 1,111
(5) ONE MEMBER APPOINTED BY THE MINORITY LEADER OF THE 1,113
SENATE.
28
(C) FIVE NONVOTING MEMBERS APPOINTED BY THE GOVERNOR, FOUR 1,115
OF WHOM ARE OFFICERS OR EMPLOYEES OF BIOMEDICAL RESEARCH 1,116
INSTITUTIONS IN THIS STATE AND ONE OF WHOM IS AN OFFICER OR 1,117
EMPLOYEE OF A MEDICAL SCHOOL IN THIS STATE THAT IS PRIMARILY 1,118
DEVOTED TO TEACHING. 1,119
BEFORE MAKING THEIR APPOINTMENTS, THE GOVERNOR, SPEAKER, 1,121
PRESIDENT, AND MINORITY LEADERS SHALL SOLICIT, FROM THE STATE'S 1,122
MEDICAL COLLEGES AND MEDICAL RESEARCH INSTITUTIONS, THE NATIONAL 1,123
INSTITUTES OF HEALTH, AND OTHER SOURCES FAMILIAR WITH EXPERTS IN 1,124
THE FIELD OF BIOMEDICAL RESEARCH AND IN COMMERCIALIZING THE 1,125
RESULTS OF SUCH RESEARCH, RECOMMENDATIONS AS TO WHOM TO APPOINT. 1,126
THE APPOINTMENTS OF THE GOVERNOR SHALL BE WITH THE ADVICE 1,128
AND CONSENT OF THE SENATE. 1,129
TERMS OF OFFICE FOR THE MEMBERS APPOINTED BY THE GOVERNOR, 1,131
PRESIDENT, AND SPEAKER SHALL BE FOR FIVE YEARS. EACH MEMBER 1,132
SHALL HOLD OFFICE FROM THE DATE OF APPOINTMENT UNTIL THE END OF 1,133
THE TERM FOR WHICH THE MEMBER WAS APPOINTED. ANY MEMBER 1,134
APPOINTED TO FILL A VACANCY OCCURRING PRIOR TO THE EXPIRATION OF 1,135
THE TERM FOR WHICH THE MEMBER'S PREDECESSOR WAS APPOINTED SHALL 1,136
HOLD OFFICE FOR THE REMAINDER OF SUCH TERM. ANY MEMBER SHALL 1,137
CONTINUE IN OFFICE SUBSEQUENT TO THE EXPIRATION DATE OF THE 1,138
MEMBER'S TERM UNTIL THE MEMBER'S SUCCESSOR TAKES OFFICE, OR UNTIL 1,139
A PERIOD OF SIXTY DAYS HAS ELAPSED, WHICHEVER OCCURS FIRST. A 1,140
VACANCY IN AN UNEXPIRED TERM SHALL BE FILLED IN THE SAME MANNER 1,141
AS THE ORIGINAL APPOINTMENT. THE GOVERNOR MAY REMOVE ANY MEMBER 1,142
FOR MALFEASANCE, MISFEASANCE, OR NONFEASANCE AFTER A HEARING IN 1,143
ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE. 1,145
THE MEMBERS OF THE COMMISSION SHALL SERVE WITHOUT 1,147
COMPENSATION BUT SHALL RECEIVE THEIR REASONABLE AND NECESSARY 1,148
EXPENSES INCURRED IN THE CONDUCT OF COMMISSION BUSINESS. 1,149
SECTION 101.84 OF THE REVISED CODE DOES NOT APPLY TO THE 1,151
COMMISSION. 1,152
Sec. 183.23. THE BIOMEDICAL RESEARCH AND TECHNOLOGY 1,154
TRANSFER COMMISSION SHALL SELECT A CHAIRPERSON FROM AMONG ITS 1,155
29
MEMBERS AND SHALL MEET ONCE DURING EACH QUARTER OR AT SUCH OTHER 1,156
TIMES AS THE BOARD DECIDES. A MAJORITY OF THE MEMBERS OF THE 1,157
COMMISSION CONSTITUTES A QUORUM, AND NO ACTION SHALL BE TAKEN 1,158
WITHOUT THE AFFIRMATIVE VOTE OF A MAJORITY OF THE MEMBERS. 1,159
Sec. 183.24. THE BIOMEDICAL RESEARCH AND TECHNOLOGY 1,161
TRANSFER COMMISSION SHALL APPOINT AND SET THE COMPENSATION OF AN 1,162
EXECUTIVE DIRECTOR AND OTHER EMPLOYEES NEEDED TO CARRY OUT THE 1,163
DUTIES OF THE COMMISSION. BEFORE ENTERING UPON THE DISCHARGE OF 1,164
THE DUTIES OF OFFICE, THE EXECUTIVE DIRECTOR SHALL GIVE A BOND TO 1,165
THE STATE, TO BE APPROVED BY THE GOVERNOR, CONDITIONED FOR THE 1,166
FAITHFUL PERFORMANCE OF THE DUTIES OF OFFICE. THE EXECUTIVE 1,167
DIRECTOR AND THE OTHER EMPLOYEES OF THE COMMISSION ARE STATE 1,168
EMPLOYEES AND SERVE IN THE UNCLASSIFIED SERVICE. 1,169
Sec. 183.25. THE BOARD OF REGENTS SHALL PROVIDE OFFICE 1,171
SPACE AND FACILITIES FOR THE COMMISSION. ANY ADMINISTRATIVE 1,172
COSTS ASSOCIATED WITH THE OPERATION OF THE COMMISSION SHALL BE 1,174
PAID FROM AMOUNTS APPROPRIATED FROM THE BIOMEDICAL RESEARCH AND 1,175
TECHNOLOGY TRANSFER TRUST FUND, CREATED BY SECTION 183.21 OF THE 1,176
REVISED CODE.
Sec. 183.26. THE BIOMEDICAL RESEARCH AND TECHNOLOGY 1,178
TRANSFER COMMISSION SHALL PERIODICALLY MAKE STRATEGIC ASSESSMENTS 1,179
OF THE TYPES OF STATE INVESTMENTS IN BIOMEDICAL RESEARCH AND 1,180
BIOTECHNOLOGY IN THIS STATE THAT WOULD BE LIKELY TO CREATE JOBS 1,181
AND BUSINESS OPPORTUNITIES AND PRODUCE THE MOST BENEFICIAL 1,182
LONG-TERM IMPROVEMENTS TO THE PUBLIC HEALTH OF OHIOANS. ONE AREA 1,183
OF FOCUS FOR THE COMMISSION SHALL BE BIOMEDICAL RESEARCH AND 1,184
BIOTECHNOLOGY INITIATIVES THAT ADDRESS TOBACCO-RELATED ILLNESSES. 1,185
THE ASSESSMENTS SHALL BE AVAILABLE TO THE PUBLIC AND SHALL BE 1,186
USED BY THE COMMISSION TO GUIDE ITS DECISIONS ON AWARDING GRANTS. 1,187
THE COMMISSION SHALL ESTABLISH A COMPETITIVE PROCESS FOR THE 1,188
AWARD OF GRANTS THAT IS DESIGNED TO FUND THE MOST MERITORIOUS 1,189
PROPOSALS AND, WHEN APPROPRIATE, PROVIDE FOR PEER REVIEW OF 1,190
PROPOSALS. THE COMMISSION MAY MAKE GRANTS TO INDIVIDUALS, PUBLIC 1,191
AGENCIES, PRIVATE COMPANIES OR ORGANIZATIONS, OR JOINT VENTURES 1,192
30
FOR ANY OF A BROAD RANGE OF ACTIVITIES RELATED TO BIOMEDICAL 1,193
RESEARCH AND TECHNOLOGY TRANSFER. PRIORITY SHALL BE GIVEN TO 1,194
PROPOSALS THAT WOULD LEVERAGE ADDITIONAL PRIVATE AND PUBLIC 1,195
FUNDING RESOURCES. THE COMMISSION SHALL DEVELOP SPECIFIC
POLICIES REGARDING CONFLICTS OF INTEREST IN THE AWARDING OF 1,196
GRANTS. 1,197
WHEN APPROPRIATE, THE COMMISSION SHALL COORDINATE ITS 1,199
ACTIVITIES WITH THOSE OF THE TOBACCO USE PREVENTION AND CONTROL 1,200
FOUNDATION.
Sec. 183.27. WITHIN NINETY DAYS AFTER THE END OF EACH 1,202
FISCAL YEAR, THE BIOMEDICAL RESEARCH AND TECHNOLOGY TRANSFER 1,203
COMMISSION SHALL SUBMIT TO THE GOVERNOR AND THE GENERAL ASSEMBLY 1,204
A REPORT OF THE ACTIVITIES OF THE COMMISSION DURING THE PRECEDING 1,205
FISCAL YEAR.
Sec. 183.28. THE EDUCATION FACILITIES TRUST FUND IS HEREBY 1,207
CREATED IN THE STATE TREASURY. MONEY CREDITED TO THE FUND SHALL 1,208
BE USED TO PAY COSTS OF, OR TO PROVIDE THE STATE'S SHARE OF THE 1,209
COSTS OF, CONSTRUCTING, RENOVATING, OR REPAIRING PRIMARY AND 1,210
SECONDARY SCHOOLS. ALL INVESTMENT EARNINGS OF THE FUND SHALL BE 1,211
CREDITED TO THE FUND. 1,212
Sec. 183.29. THE EDUCATION FACILITIES ENDOWMENT FUND IS 1,214
HEREBY CREATED IN THE STATE TREASURY. IT IS THE INTENT OF THE 1,215
GENERAL ASSEMBLY TO MAINTAIN THE FUND AS A PERMANENT SOURCE OF 1,216
REVENUE FOR CONSTRUCTING, RENOVATING, OR REPAIRING PRIMARY AND 1,217
SECONDARY SCHOOLS SOURCE IN THIS STATE. AT THE BEGINNING OF EACH 1,218
QUARTER, ALL INVESTMENT EARNINGS OF THE ENDOWMENT FUND EARNED 1,219
DURING THE IMMEDIATELY PRECEDING QUARTER SHALL BE CREDITED TO THE 1,220
EDUCATION FACILITIES TRUST FUND.
Sec. 183.30. THE EDUCATION TECHNOLOGY TRUST FUND IS HEREBY 1,222
CREATED IN THE STATE TREASURY. MONEY CREDITED TO THE FUND SHALL 1,223
BE USED TO PAY COSTS OF NEW AND INNOVATIVE TECHNOLOGY FOR PRIMARY 1,224
AND SECONDARY EDUCATION, INCLUDING CHARTERED NONPUBLIC SCHOOLS, 1,225
AND HIGHER EDUCATION. ALL INVESTMENT EARNINGS OF THE FUND SHALL 1,226
BE CREDITED TO THE FUND. 1,227
31
Section 2. That existing sections 102.02 and 107.031 of 1,229
the Revised Code are hereby repealed. 1,230
Section 3. All items in this section are hereby 1,232
appropriated as designated out of any moneys in the state 1,233
treasury to the credit of the Tobacco Master Settlement Agreement 1,234
Fund Group. For all appropriations made in this section, those 1,235
in the first column are for fiscal year 2000 and those in the
second column are for fiscal year 2001. The appropriations made 1,236
in this section are in addition to any other appropriations made 1,237
for the 1999-2001 biennium.
AGR DEPARTMENT OF AGRICULTURE 1,239
Tobacco Master Settlement Agreement Fund Group 1,241
K87 700-502 Southern Ohio 1,244
Agriculture and
Community Development
Foundation $ 0 $ 22,194,639 1,246
TOTAL TSF Tobacco Master 1,247
Settlement Agreement Fund 1,248
Group $ 0 $ 22,194,639 1,251
TOTAL ALL BUDGET FUND GROUPS $ 0 $ 22,194,639 1,254
Southern Ohio Agriculture and Community Development 1,257
Foundation
The foregoing appropriation item 700-502, Southern Ohio 1,259
Agriculture and Community Development Foundation, shall be used 1,260
in accordance with sections 183.02 and 183.12 to 183.19 of the 1,261
Revised Code. The Director of Agriculture shall disburse moneys 1,262
appropriated in this appropriation item to the Southern Ohio 1,263
Agricultural and Community Development Foundation Endowment Fund
created by section 183.18 of the Revised Code to be used by the 1,264
Southern Ohio Agricultural and Community Development Foundation 1,265
to carry out its duties.
CEB CONTROLLING BOARD 1,267
Tobacco Master Settlement Agreement Fund Group 1,269
32
S87 911-405 Education Technology 1,272
Trust Fund $ 0 $ 13,764,540 1,274
TOTAL TSF Tobacco Master 1,275
Settlement Agreement Fund 1,276
Group $ 0 $ 13,764,540 1,279
TOTAL ALL BUDGET FUND GROUPS $ 0 $ 13,764,540 1,282
Education Technology Trust Fund 1,285
The Controlling Board may transfer to any appropriate state 1,287
agency portions of appropriation item 911-405, Education 1,288
Technology Trust Fund, upon receipt of an approved plan submitted 1,289
by the Director of Budget and Management.
DOH DEPARTMENT OF HEALTH 1,291
Tobacco Master Settlement Agreement Fund Group 1,293
H87 440-502 Tobacco Use 1,296
Prevention and
Control Foundation $ 0 $ 234,855,223 1,298
L87 440-403 Ohio's Public Health 1,300
Priorities Trust Fund $ 0 $ 7,507,931 1,302
TOTAL TSF Tobacco Master 1,303
Settlement Agreement Fund 1,304
Group $ 0 $ 242,363,154 1,307
TOTAL ALL BUDGET FUND GROUPS $ 0 $ 242,363,154 1,310
Tobacco Use Prevention and Control Foundation 1,313
The foregoing appropriation item 440-502, Tobacco Use 1,315
Prevention and Control Foundation, shall be used in accordance 1,316
with sections 183.02 to 183.10 of the Revised Code. The Director 1,317
of Health shall disburse moneys appropriated in this 1,318
appropriation item to the Tobacco Use Prevention and Control
Endowment Fund created by section 183.09 of the Revised Code to 1,319
be used by the Tobacco Use Prevention and Control Foundation to 1,320
carry out its duties.
Ohio's Public Health Priorities Trust Fund 1,322
The foregoing appropriation item 440-403, Ohio's Public 1,324
Health Priorities Trust Fund, shall be used by the Director of 1,325
33
Health for any of the purposes authorized by section 183.20 of 1,326
the Revised Code. Prior to disbursing the appropriations in this 1,327
appropriation item, the Director of Health shall consult with the 1,328
Director of Rehabilitation and Correction, the Director of 1,329
Alcohol and Drug Addiction Services, the Attorney General, and 1,330
the Executive Director of the Commission on Minority Health.
Within the limits set forth in this act, the Director of 1,332
Budget and Management shall establish accounts indicating the 1,333
source and amount of funds for each appropriation made in this 1,334
section, and shall determine the form and manner in which 1,335
appropriation accounts shall be maintained. Expenditures from
appropriations contained in this section shall be accounted for 1,336
as though made in Am. Sub. H.B. 283 of the 123rd General 1,337
Assembly.
The appropriations made in this section are subject to all 1,339
provisions of Am. Sub. H.B. 283 of the 123rd General Assembly 1,340
that are generally applicable to such appropriations. 1,341
Section 4. All items in this section are hereby 1,343
appropriated as designated out of any moneys in the state 1,344
treasury to the credit of the Tobacco Master Settlement Agreement 1,345
Fund Group. For all appropriations made in this section, those 1,346
in the first column are for fiscal year 2000 and those in the
second column are for fiscal year 2001. The appropriations made 1,347
in this section are in addition to any other appropriations made 1,348
for the 1999-2001 biennium.
BOR BOARD OF REGENTS 1,350
Tobacco Master Settlement Agreement Fund Group 1,352
M87 235-405 Biomedical Research 1,355
and Technology
Transfer Commission $ 0 $ 5,005,288 1,357
TOTAL TSF Tobacco Master 1,358
Settlement Agreement Fund 1,359
Group $ 0 $ 5,005,288 1,362
TOTAL ALL BUDGET FUND GROUPS $ 0 $ 5,005,288 1,365
34
Within the limits set forth in this act, the Director of 1,368
Budget and Management shall establish accounts indicating the 1,369
source and amount of funds for each appropriation made in this 1,370
section, and shall determine the form and manner in which 1,371
appropriation accounts shall be maintained. Expenditures from
appropriations contained in this section shall be accounted for 1,372
as though made in Am. Sub. H.B. 282 of the 123rd General 1,373
Assembly.
The appropriations made in this section are subject to all 1,375
provisions of Am. Sub. H.B. 282 of the 123rd General Assembly 1,376
that are generally applicable to such appropriations. 1,377
Section 5. All items set forth in this section are hereby 1,379
appropriated out of any moneys in the state treasury to the 1,380
credit of the Law Enforcement Improvements Trust Fund (Fund J87) 1,381
that are not otherwise appropriated.
AGO ATTORNEY GENERAL 1,383
CAP-716 Lab and Training Facility Improvements $ 2,000,000 1,387
Total Attorney General $ 2,000,000 1,389
TOTAL Law Enforcement Improvements Trust Fund $ 2,000,000 1,391
Section 6. All items set forth in this section are hereby 1,394
appropriated out of any moneys in the state treasury to the 1,395
credit of the Education Facilities Trust Fund (Fund N87) that are 1,396
not otherwise appropriated.
SFC SCHOOL FACILITIES COMMISSION 1,398
CAP-780 Classroom Facilities Assistance 1,401
Program $ 262,001,238 1,402
Total School Facilities Commission $ 262,001,238 1,404
TOTAL Education Facilities Trust Fund $ 262,001,238 1,406
Section 7. Sections 5 and 6 of this act shall remain in 1,409
full force and effect commencing on July 1, 2000, and terminating 1,410
on June 30, 2002, for the purpose of drawing money from the state 1,411
treasury in payment of liabilities lawfully incurred thereunder, 1,412
and on June 30, 2002, and not before, the moneys appropriated 1,413
thereby shall lapse into the funds from which they are severally
35
appropriated. 1,414
Section 8. The Tobacco Master Settlement Agreement Fund 1,416
created by section 183.02 of the Revised Code is the same as Fund 1,417
087, the Tobacco Master Settlement Agreement Fund created by the 1,418
Controlling Board in March 1999. 1,419
Section 9. The Governor, President and Minority Leader of 1,421
the Senate, and Speaker and Minority Leader of the House of 1,422
Representatives shall make their initial appointments to the 1,423
board of trustees of the Tobacco Use Prevention and Control 1,424
Foundation within 90 days after the effective date of this 1,425
section. Notwithstanding section 183.04 of the Revised Code: 1,426
(A) The Governor shall appoint one member under division 1,428
(A) of that section to an initial term ending one year after the 1,429
effective date of this section, one to an initial term ending 1,430
three years after the effective date of this section, and one to 1,431
an initial term ending five years after the effective date of 1,432
this section; the President shall appoint one member to an 1,433
initial term ending three years after the effective date of this 1,434
section and one to an initial term ending five years after the 1,435
effective date of this section; the Minority Leader of the Senate 1,436
shall appoint one member to an initial term ending four years 1,437
after the effective date of this section; the Speaker shall 1,438
appoint one member to an initial term ending two years after the 1,439
effective date of this section and one to an initial term ending 1,440
four years after the effective date of this section; and the 1,441
Minority Leader of the House of Representatives shall appoint one 1,442
member to an initial term ending three years after the effective 1,443
date of this section. 1,444
(B) The Governor shall appoint one member under division 1,446
(B) of that section to an initial term ending two years after the 1,447
effective date of this section and the other member to an initial 1,448
term ending four years after the effective date of this section. 1,449
(C) The Governor shall appoint the five members under 1,451
divisions (C) to (G) of that section to initial terms of office 1,452
36
ending one, two, three, four, and five years after the effective 1,453
date of this section. 1,454
(D) Thereafter, terms of office shall be for five years as 1,456
provided in section 183.04 of the Revised Code. 1,457
Section 10. The Governor, President and Minority Leader of 1,459
the Senate, and Speaker and Minority Leader of the House of 1,460
Representatives shall make their initial appointments to the 1,461
board of trustees of the Southern Ohio Agricultural and Community 1,462
Development Foundation within 90 days after the effective date of 1,463
this section. Notwithstanding section 183.13 of the Revised 1,464
Code:
(A) The Governor shall appoint one member under divisions 1,466
(B) and (C) of that section to an initial term ending two years 1,467
after the effective date of this section, one to an initial term 1,468
ending three years after the effective date of this section, one 1,469
to an initial term ending four years after the effective date of 1,470
this section, and one to an initial term ending five years after 1,471
the effective date of this section. 1,472
(B) Thereafter, terms of office of these members shall be 1,474
for five years as provided in section 183.13 of the Revised Code. 1,475
Section 11. The Governor, President and Minority Leader of 1,477
the Senate, and Speaker and Minority Leader of the House of 1,478
Representatives shall make their initial appointments to the 1,479
Biomedical Research and Technology Transfer Commission within 90 1,480
days after the effective date of this section. Notwithstanding 1,481
section 183.22 of the Revised Code: 1,482
(A) The Governor shall appoint one member under division 1,484
(B)(1) of that section to an initial term ending one year after 1,485
the effective date of this section, one to an initial term ending 1,486
two years after the effective date of this section, one to an 1,487
initial term ending three years after the effective date of this 1,488
section, one to an initial term ending four years after the 1,489
effective date of this section, and one to an initial term ending 1,490
five years after the effective date of this section. 1,491
37
(B) The Speaker of the House of Representatives shall 1,493
appoint one member under division (B)(2) of that section to an 1,494
initial term ending one year after the effective date of this 1,495
section and one member to an initial term ending five years after 1,496
the effective date of this section. 1,497
(C) The Minority Leader of the House of Representatives 1,499
shall appoint one member under division (B)(3) of that section to 1,501
an initial term ending four years after the effective date of 1,502
this section.
(D) The President of the Senate shall appoint one member 1,504
of the Commission under division (B)(4) of that section to an 1,505
initial term ending one year after the effective date of this 1,506
section and the other member to an initial term ending four years 1,507
after the effective date of this section. 1,508
(E) The Minority Leader of the Senate shall appoint one 1,510
member under division (B)(5) of that section to an initial term 1,511
ending three years after the effective date of this section. 1,512
(F) Thereafter, terms of office shall be for five years as 1,514
provided in section 183.22 of the Revised Code. 1,515