As Reported by the Senate Finance and Financial 2
Institutions Committee 2
123rd General Assembly 5
Regular Session Sub. S. B. No. 192 6
1999-2000 7
SENATOR RAY (By Request) 10
_________________________________________________________________ 12
A B I L L
To amend sections 102.02 and 107.031 and to enact 14
sections 183.01 to 183.31 of the Revised Code to 15
provide for the distribution of money received by 16
the state pursuant to the Tobacco Master
Settlement Agreement and to make an 17
appropriation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 19
Section 1. That sections 102.02 and 107.031 be amended and 21
sections 183.01, 183.02, 183.03, 183.04, 183.05, 183.06, 183.07, 22
183.08, 183.09, 183.10, 183.11, 183.12, 183.13, 183.14, 183.15, 23
183.16, 183.17, 183.18, 183.19, 183.20, 183.21, 183.22, 183.23, 24
183.24, 183.25, 183.26, 183.27, 183.28, 183.29, 183.30, and 25
183.31 of the Revised Code be enacted to read as follows: 26
Sec. 102.02. (A) Except as otherwise provided in division 35
(H) of this section, every person who is elected to or is a 36
candidate for a state, county, or city office, or the office of 37
member of the United States congress, and every person who is 38
appointed to fill a vacancy for an unexpired term in such an 39
elective office; all members of the state board of education; the 41
director, assistant directors, deputy directors, division chiefs, 42
or persons of equivalent rank of any administrative department of 43
the state; the president or other chief administrative officer of 44
every state institution of higher education as defined in section 45
3345.011 of the Revised Code; the chief executive officer of each 46
state retirement system; all members of the board of 47
2
commissioners on grievances and discipline of the supreme court 48
and the ethics commission created under section 102.05 of the 49
Revised Code; every business manager, treasurer, or 50
superintendent of a city, local, exempted village, joint 51
vocational, or cooperative education school district or an 52
educational service center; every person who is elected to or is 53
a candidate for the office of member of a board of education of a 54
city, local, exempted village, joint vocational, or cooperative 55
education school district or of a governing board of an 56
educational service center that has a total student count of 57
twelve thousand or more as most recently determined by the 58
department of education pursuant to section 3317.03 of the 60
Revised Code; every person who is appointed to the board of
education of a municipal school district pursuant to division (B) 61
or (F) of section 3311.71 of the Revised Code; all members of the 62
board of directors of a sanitary district established under 63
Chapter 6115. of the Revised Code and organized wholly for the 64
purpose of providing a water supply for domestic, municipal, and 66
public use that includes two municipal corporations in two 67
counties; every public official or employee who is paid a salary 69
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 70
THE BOARD OF TRUSTEES AND THE EXECUTIVE DIRECTOR OF THE TOBACCO 71
USE PREVENTION AND CONTROL FOUNDATION; MEMBERS OF THE BOARD OF 72
TRUSTEES AND THE EXECUTIVE DIRECTOR OF THE SOUTHERN OHIO 73
AGRICULTURAL AND COMMUNITY DEVELOPMENT FOUNDATION; MEMBERS AND 74
THE EXECUTIVE DIRECTOR OF THE BIOMEDICAL RESEARCH AND TECHNOLOGY 75
TRANSFER COMMISSION; and every other public official or employee 76
who is designated by the appropriate ethics commission pursuant 77
to division (B) of this section shall file with the appropriate 78
ethics commission on a form prescribed by the commission, a 79
statement disclosing all of the following: 80
(1) The name of the person filing the statement and each 82
member of the person's immediate family and all names under which 84
3
the person or members of the person's immediate family do 85
business; 86
(2)(a) Subject to divisions (A)(2)(b) and (c) of this 88
section and except as otherwise provided in section 102.022 of 89
the Revised Code, identification of every source of income, other 90
than income from a legislative agent identified in division 91
(A)(2)(b) of this section, received during the preceding calendar 92
year, in the person's own name or by any other person for the 94
person's use or benefit, by the person filing the statement, and 95
a brief description of the nature of the services for which the 96
income was received. If the person filing the statement is a 97
member of the general assembly, the statement shall identify the 98
amount of every source of income received in accordance with the 99
following ranges of amounts: zero or more, but less than one 100
thousand dollars; one thousand dollars or more, but less than ten 101
thousand dollars; ten thousand dollars or more, but less than 102
twenty-five thousand dollars; twenty-five thousand dollars or 103
more, but less than fifty thousand dollars; fifty thousand 104
dollars or more, but less than one hundred thousand dollars; and 105
one hundred thousand dollars or more. Division (A)(2)(a) of this 106
section shall not be construed to require a person filing the 107
statement who derives income from a business or profession to 108
disclose the individual items of income that constitute the gross 109
income of that business or profession, except for those 110
individual items of income that are attributable to the person's 111
or, if the income is shared with the person, the partner's, 112
solicitation of services or goods or performance, arrangement, or 113
facilitation of services or provision of goods on behalf of the 114
business or profession of clients, including corporate clients, 115
who are legislative agents as defined in section 101.70 of the 116
Revised Code. A person who files the statement under this 117
section shall disclose the identity of and the amount of income 118
received from a person who the public official or employee knows 120
or has reason to know is doing or seeking to do business of any 121
4
kind with the public official's or employee's agency. 122
(b) If the person filing the statement is a member of the 124
general assembly, the statement shall identify every source of 125
income and the amount of that income that was received from a 126
legislative agent, as defined in section 101.70 of the Revised 127
Code, during the preceding calendar year, in the person's own 129
name or by any other person for the person's use or benefit, by 130
the person filing the statement, and a brief description of the 132
nature of the services for which the income was received. 133
Division (A)(2)(b) of this section requires the disclosure of 134
clients of attorneys or persons licensed under section 4732.12 of 135
the Revised Code, or patients of persons certified under section 136
4731.14 of the Revised Code, if those clients or patients are 137
legislative agents. Division (A)(2)(b) of this section requires 138
a person filing the statement who derives income from a business 139
or profession to disclose those individual items of income that 140
constitute the gross income of that business or profession that 141
are received from legislative agents. 142
(c) Except as otherwise provided in division (A)(2)(c) of 144
this section, division (A)(2)(a) of this section applies to 145
attorneys, physicians, and other persons who engage in the 146
practice of a profession and who, pursuant to a section of the 147
Revised Code, the common law of this state, a code of ethics 148
applicable to the profession, or otherwise, generally are 149
required not to reveal, disclose, or use confidences of clients, 150
patients, or other recipients of professional services except 151
under specified circumstances or generally are required to 152
maintain those types of confidences as privileged communications 153
except under specified circumstances. Division (A)(2)(a) of this 154
section does not require an attorney, physician, or other 155
professional subject to a confidentiality requirement as 156
described in division (A)(2)(c) of this section to disclose the 157
name, other identity, or address of a client, patient, or other 158
recipient of professional services if the disclosure would 159
5
threaten the client, patient, or other recipient of professional 160
services, would reveal details of the subject matter for which 161
legal, medical, or professional advice or other services were 162
sought, or would reveal an otherwise privileged communication 163
involving the client, patient, or other recipient of professional 164
services. Division (A)(2)(a) of this section does not require an 165
attorney, physician, or other professional subject to a 166
confidentiality requirement as described in division (A)(2)(c) of 167
this section to disclose in the brief description of the nature 168
of services required by division (A)(2)(a) of this section any 169
information pertaining to specific professional services rendered 170
for a client, patient, or other recipient of professional 171
services that would reveal details of the subject matter for 172
which legal, medical, or professional advice was sought or would 173
reveal an otherwise privileged communication involving the 174
client, patient, or other recipient of professional services. 175
(3) The name of every corporation on file with the 177
secretary of state that is incorporated in this state or holds a 179
certificate of compliance authorizing it to do business in this 180
state, trust, business trust, partnership, or association that 181
transacts business in this state in which the person filing the 183
statement or any other person for the person's use and benefit 184
had during the preceding calendar year an investment of over one 185
thousand dollars at fair market value as of the thirty-first day 186
of December of the preceding calendar year, or the date of 187
disposition, whichever is earlier, or in which the person holds 188
any office or has a fiduciary relationship, and a description of 189
the nature of the investment, office, or relationship. Division 190
(A)(3) of this section does not require disclosure of the name of 192
any bank, savings and loan association, credit union, or building 193
and loan association with which the person filing the statement 194
has a deposit or a withdrawable share account. 195
(4) All fee simple and leasehold interests to which the 197
person filing the statement holds legal title to or a beneficial 198
6
interest in real property located within the state, excluding the 199
person's residence and property used primarily for personal 200
recreation; 201
(5) The names of all persons residing or transacting 203
business in the state to whom the person filing the statement 204
owes, in the person's own name or in the name of any other 205
person, more than one thousand dollars. Division (A)(5) of this 208
section shall not be construed to require the disclosure of debts 209
owed by the person resulting from the ordinary conduct of a 210
business or profession or debts on the person's residence or real 211
property used primarily for personal recreation, except that the 212
superintendent of financial institutions shall disclose the names 214
of all state-chartered savings and loan associations and of all 216
service corporations subject to regulation under division (E)(2) 217
of section 1151.34 of the Revised Code to whom the superintendent 218
in the superintendent's own name or in the name of any other 219
person owes any money, and that the superintendent and any deputy 221
superintendent of banks shall disclose the names of all 222
state-chartered banks and all bank subsidiary corporations 223
subject to regulation under section 1109.44 of the Revised Code 224
to whom the superintendent or deputy superintendent owes any 225
money.
(6) The names of all persons residing or transacting 227
business in the state, other than a depository excluded under 228
division (A)(3) of this section, who owe more than one thousand 230
dollars to the person filing the statement, either in the 231
person's own name or to any person for the person's use or 233
benefit. Division (A)(6) of this section shall not be construed 235
to require the disclosure of clients of attorneys or persons 236
licensed under section 4732.12 or 4732.15 of the Revised Code, or 237
patients of persons certified under section 4731.14 of the 238
Revised Code, nor the disclosure of debts owed to the person 239
resulting from the ordinary conduct of a business or profession. 240
(7) Except as otherwise provided in section 102.022 of the 242
7
Revised Code, the source of each gift of over seventy-five 243
dollars, or of each gift of over twenty-five dollars received by 244
a member of the general assembly from a legislative agent, 245
received by the person in the person's own name or by any other 247
person for the person's use or benefit during the preceding 248
calendar year, except gifts received by will or by virtue of 250
section 2105.06 of the Revised Code, or received from spouses, 251
parents, grandparents, children, grandchildren, siblings, 252
nephews, nieces, uncles, aunts, brothers-in-law, sisters-in-law, 253
sons-in-law, daughters-in-law, fathers-in-law, mothers-in-law, or 254
any person to whom the person filing the statement stands in loco 255
parentis, or received by way of distribution from any inter vivos 256
or testamentary trust established by a spouse or by an ancestor; 257
(8) Except as otherwise provided in section 102.022 of the 259
Revised Code, identification of the source and amount of every 260
payment of expenses incurred for travel to destinations inside or 261
outside this state that is received by the person in the person's 263
own name or by any other person for the person's use or benefit 264
and that is incurred in connection with the person's official 266
duties except for expenses for travel to meetings or conventions 267
of a national or state organization to which either house of the 268
general assembly, any legislative agency, a state institution of 269
higher education as defined in section 3345.031 of the Revised 270
Code, any other state agency, or any political subdivision or any 271
office or agency of a political subdivision pays membership dues; 272
(9) Except as otherwise provided in section 102.022 of the 274
Revised Code, identification of the source of payment of expenses 275
for meals and other food and beverages, other than for meals and 276
other food and beverages provided at a meeting at which the 277
person participated in a panel, seminar, or speaking engagement 278
or at a meeting or convention of a national or state organization 279
to which either house of the general assembly, any legislative 280
agency, a state institution of higher education as defined in 281
section 3345.031 of the Revised Code, any other state agency, or 282
8
any political subdivision or any office or agency of a political 283
subdivision pays membership dues, that are incurred in connection 284
with the person's official duties and that exceed one hundred 285
dollars aggregated per calendar year; 286
(10) If the financial disclosure statement is filed by a 288
public official or employee described in division (B)(2) of 289
section 101.73 of the Revised Code or division (B)(2) of section 290
121.63 of the Revised Code who receives a statement from a 291
legislative agent, executive agency lobbyist, or employer that 292
contains the information described in division (F)(2) of section 293
101.73 of the Revised Code or division (G)(2) of section 121.63 294
of the Revised Code, all of the nondisputed information contained 295
in the statement delivered to that public official or employee by 296
the legislative agent, executive agency lobbyist, or employer 297
under division (F)(2) of section 101.73 or (G)(2) of section 298
121.63 of the Revised Code. As used in division (A)(10) of this 299
section, legislative agent, executive agency lobbyist, and 301
employer have the same meanings as in sections 101.70 and 121.60 303
of the Revised Code.
A person may file a statement required by this section in 305
person or by mail. A person who is a candidate for elective 306
office shall file the statement no later than the thirtieth day 308
before the primary, special, or general election at which the 310
candidacy is to be voted on, whichever election occurs soonest, 312
except that a person who is a write-in candidate shall file the 313
statement no later than the twentieth day before the earliest 314
election at which the person's candidacy is to be voted on. A 316
person who holds elective office shall file the statement on or 317
before the fifteenth day of April of each year unless the person 319
is a candidate for office. A person who is appointed to fill a 321
vacancy for an unexpired term in an elective office shall file 322
the statement within fifteen days after the person qualifies for 324
office. Other persons shall file an annual statement on or 326
before the fifteenth day of April or, if appointed or employed 327
9
after that date, within ninety days after appointment or 328
employment. No person shall be required to file with the 329
appropriate ethics commission more than one statement or pay more 330
than one filing fee for any one calendar year. 331
The appropriate ethics commission, for good cause, may 333
extend for a reasonable time the deadline for filing a disclosure 334
statement under this section. 335
A statement filed under this section is subject to public 337
inspection at locations designated by the appropriate ethics 338
commission except as otherwise provided in this section. 339
(B) The Ohio ethics commission, the joint legislative 341
ethics committee, and the board of commissioners on grievances 342
and discipline of the supreme court, using the rule-making 343
procedures of Chapter 119. of the Revised Code, may require any 344
class of public officials or employees under its jurisdiction and 345
not specifically excluded by this section whose positions involve 346
a substantial and material exercise of administrative discretion 347
in the formulation of public policy, expenditure of public funds, 348
enforcement of laws and rules of the state or a county or city, 349
or the execution of other public trusts, to file an annual 350
statement on or before the fifteenth day of April under division 351
(A) of this section. The appropriate ethics commission shall 352
send the public officials or employees written notice of the 353
requirement by the fifteenth day of February of each year the 354
filing is required unless the public official or employee is 355
appointed after that date, in which case the notice shall be sent 356
within thirty days after appointment, and the filing shall be 357
made not later than ninety days after appointment. 358
Disclosure EXCEPT FOR DISCLOSURE STATEMENTS FILED BY 362
MEMBERS OF THE BOARD OF TRUSTEES AND THE EXECUTIVE DIRECTOR OF 363
THE TOBACCO USE PREVENTION AND CONTROL FOUNDATION, MEMBERS OF THE
BOARD OF TRUSTEES AND THE EXECUTIVE DIRECTOR OF THE SOUTHERN OHIO 364
AGRICULTURAL AND COMMUNITY DEVELOPMENT FOUNDATION, AND MEMBERS 365
AND THE EXECUTIVE DIRECTOR OF THE BIOMEDICAL RESEARCH AND 366
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TECHNOLOGY TRANSFER COMMISSION, DISCLOSURE statements filed under 368
this division with the Ohio ethics commission by members of 369
boards, commissions, or bureaus of the state for which no 370
compensation is received other than reasonable and necessary 371
expenses shall be kept confidential. Disclosure statements filed 372
with the Ohio ethics commission under division (A) of this 373
section by business managers, treasurers, and superintendents of 374
city, local, exempted village, joint vocational, or cooperative 376
education school districts or educational service centers shall
be kept confidential, except that any person conducting an audit 377
of any such school district pursuant to section 115.56 or Chapter 378
117. of the Revised Code may examine the disclosure statement of 379
any business manager, treasurer, or superintendent of that school 380
district or educational service center. The Ohio ethics 381
commission shall examine each disclosure statement required to be 382
kept confidential to determine whether a potential conflict of 383
interest exists for the person who filed the disclosure 384
statement. A potential conflict of interest exists if the 385
private interests of the person, as indicated by the person's 386
disclosure statement, might interfere with the public interests 388
the person is required to serve in the exercise of the person's 389
authority and duties in the person's office or position of 390
employment. If the commission determines that a potential 391
conflict of interest exists, it shall notify the person who filed 392
the disclosure statement and shall make the portions of the 393
disclosure statement that indicate a potential conflict of 394
interest subject to public inspection in the same manner as is 395
provided for other disclosure statements. Any portion of the 396
disclosure statement that the commission determines does not 397
indicate a potential conflict of interest shall be kept 398
confidential by the commission and shall not be made subject to 399
public inspection, except as is necessary for the enforcement of 400
Chapters 102. and 2921. of the Revised Code and except as 401
otherwise provided in this division. 402
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(C) No person shall knowingly fail to file, on or before 404
the applicable filing deadline established under this section, a 405
statement that is required by this section. 406
(D) No person shall knowingly file a false statement that 408
is required to be filed under this section. 409
(E)(1) Except as provided in divisions (E)(2) and (3) of 411
this section, on and after March 2, 1994, the statement required 412
by division (A) or (B) of this section shall be accompanied by a 414
filing fee of twenty-five dollars. 415
(2) The statement required by division (A) of this section 417
shall be accompanied by a filing fee to be paid by the person who 418
is elected or appointed to or is a candidate for any of the 419
following offices: 420
For state office, except member of 422
state board of education $50 423
For office of member of United States 424
congress or member of general assembly $25 425
For county office $25 426
For city office $10 427
For office of member of state board 428
of education $10 429
For office of member of city, local, 430
exempted village, or cooperative 431
education board of 432
education or educational service 433
center governing board $ 5 434
For position of business manager, 435
treasurer, or superintendent of 436
city, local, exempted village, joint 437
vocational, or cooperative education 438
school district or 439
educational service center $ 5 440
(3) No judge of a court of record or candidate for judge 442
of such a court, and no referee or magistrate serving a court of 443
12
record, shall be required to pay the fee required under division 444
(E)(1) or (2) or (F) of this section. 445
(4) For any public official who is appointed to a 447
nonelective office of the state and for any employee who holds a 448
nonelective position in a public agency of the state, the state 449
agency that is the primary employer of the state official or 450
employee shall pay the fee required under division (E)(1) or (F) 451
of this section. 452
(F) If a statement required to be filed under this section 454
is not filed by the date on which it is required to be filed, the 455
appropriate ethics commission shall assess the person required to 456
file the statement a late filing fee equal to one-half of the 457
applicable filing fee for each day the statement is not filed, 458
except that the total amount of the late filing fee shall not 459
exceed one hundred dollars. 460
(G)(1) The appropriate ethics commission other than the 462
Ohio ethics commission shall deposit all fees it receives under 463
divisions (E) and (F) of this section into the general revenue 464
fund of the state. 465
(2) The Ohio ethics commission shall deposit all receipts, 467
including, but not limited to, fees it receives under divisions 469
(E) and (F) of this section and all moneys it receives from 470
settlements under division (G) of section 102.06 of the Revised 471
Code, into the Ohio ethics commission fund, which is hereby 472
created in the state treasury. All moneys credited to the fund 473
shall be used solely for expenses related to the operation and 474
statutory functions of the commission.
(H) Division (A) of this section does not apply to a 476
person elected or appointed to the office of precinct, ward, or 477
district committee member under Chapter 3517. of the Revised 478
Code; a presidential elector; a delegate to a national 479
convention; village or township officials and employees; any 480
physician or psychiatrist who is paid a salary or wage in 481
accordance with schedule C of section 124.15 or schedule E-2 of 482
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section 124.152 of the Revised Code and whose primary duties do 483
not require the exercise of administrative discretion; or any 484
member of a board, commission, or bureau of any county or city 485
who receives less than one thousand dollars per year for serving 486
in that position. 487
Sec. 107.031. Until the first committee appointed under 496
division (C) of section 3317.012 of the Revised Code to reexamine 498
the cost of an adequate education makes its report to the office 500
of budget and management and the general assembly, the governor 501
shall ensure that among the various budget recommendations made 502
by the governor and the director of budget and management to the 503
general assembly each biennium there are recommendations for
appropriations to the Ohio school facilities commission, 504
aggregating not less than three hundred million dollars per 505
fiscal year, EXCLUDING RECOMMENDATIONS FOR APPROPRIATIONS FROM 506
THE EDUCATION FACILITIES TRUST FUND, CREATED IN SECTION 183.26 OF 507
THE REVISED CODE, for constructing, acquiring, replacing, 508
reconstructing, or adding to classroom facilities, as such term 509
is defined in section 3318.01 of the Revised Code.
Sec. 183.01. AS USED IN THIS CHAPTER: 511
(A) "TOBACCO MASTER SETTLEMENT AGREEMENT" MEANS THE 513
SETTLEMENT AGREEMENT (AND RELATED DOCUMENTS) ENTERED INTO ON 514
NOVEMBER 23, 1998 BY THE STATE AND LEADING UNITED STATES TOBACCO 515
PRODUCT MANUFACTURERS. 516
(B) "NET AMOUNTS CREDITED TO THE TOBACCO MASTER SETTLEMENT 518
AGREEMENT FUND" MEANS ALL AMOUNTS CREDITED TO THE TOBACCO MASTER 519
SETTLEMENT AGREEMENT FUND DURING THE YEAR, MINUS ALL AMOUNTS 520
REQUIRED TO BE TRANSFERRED UNDER SECTION 183.02 OF THE REVISED 522
CODE TO THE TOBACCO USE PREVENTION AND CESSATION TRUST FUND, THE
LAW ENFORCEMENT IMPROVEMENTS TRUST FUND, AND THE SOUTHERN OHIO 524
AGRICULTURAL AND COMMUNITY DEVELOPMENT TRUST FUND DURING THE 525
YEAR.
Sec. 183.02. ALL PAYMENTS RECEIVED BY THE STATE PURSUANT 527
TO THE TOBACCO MASTER SETTLEMENT AGREEMENT SHALL BE DEPOSITED 528
14
INTO THE STATE TREASURY TO THE CREDIT OF THE TOBACCO MASTER 529
SETTLEMENT AGREEMENT FUND, WHICH IS HEREBY CREATED. ALL 530
INVESTMENT EARNINGS OF THE FUND SHALL ALSO BE CREDITED TO THE 531
FUND. EXCEPT AS PROVIDED IN DIVISION (I) OF THIS SECTION, 532
PAYMENTS AND INTEREST CREDITED TO THE FUND SHALL BE TRANSFERRED
BY THE DIRECTOR OF BUDGET AND MANAGEMENT AS FOLLOWS: 534
(A) OF THE PAYMENTS CREDITED TO THE TOBACCO MASTER 536
SETTLEMENT AGREEMENT FUND IN 2000 AND THE AMOUNTS CREDITED TO THE 537
FUND ANNUALLY FROM 2001 TO 2006 AND IN 2012, THE FOLLOWING 539
AMOUNTS SHALL BE TRANSFERRED TO THE TOBACCO USE PREVENTION AND 540
CESSATION TRUST FUND, CREATED IN SECTION 183.03 OF THE REVISED 541
CODE:
YEAR AMOUNT 543
2000 (FIRST PAYMENT CREDITED) $104,855,222.85 544
2000 (SECOND PAYMENT CREDITED) 130,000,000.00 545
2001 135,000,000.00 546
2002 140,000,000.00 547
2003 150,000,000.00 548
2004 150,000,000.00 549
2005 150,000,000.00 550
2006 150,000,000.00 551
2012 150,000,000.00 552
(B) OF THE PAYMENTS CREDITED TO THE TOBACCO MASTER 555
SETTLEMENT AGREEMENT FUND IN 2000 AND THE AMOUNTS CREDITED TO THE 556
FUND IN 2001, THE FOLLOWING AMOUNTS SHALL BE TRANSFERRED TO THE 558
LAW ENFORCEMENT IMPROVEMENTS TRUST FUND, CREATED IN SECTION 559
183.10 OF THE REVISED CODE:
YEAR AMOUNT 562
2000 (FIRST PAYMENT CREDITED) $10,000,000 563
2000 (SECOND PAYMENT CREDITED) 10,000,000 564
2001 5,000,000 565
(C) FIVE PER CENT OF THE PAYMENTS CREDITED TO THE TOBACCO 568
MASTER SETTLEMENT AGREEMENT FUND ANNUALLY FROM 2000 TO 2011 SHALL 569
BE TRANSFERRED TO THE SOUTHERN OHIO AGRICULTURAL AND COMMUNITY 570
15
DEVELOPMENT TRUST FUND, CREATED IN SECTION 183.11 OF THE REVISED 571
CODE. 572
(D) THE FOLLOWING PERCENTAGES OF THE NET AMOUNTS CREDITED 574
TO THE TOBACCO MASTER SETTLEMENT AGREEMENT FUND ANNUALLY SHALL BE 575
TRANSFERRED TO OHIO'S PUBLIC HEALTH PRIORITIES TRUST FUND, 576
CREATED IN SECTION 183.18 OF THE REVISED CODE: 577
YEAR PERCENTAGE 579
2000 6.00 580
2001 7.50 581
2002 6.00 582
2003 6.50 583
2004 9.50 584
2005 10.00 585
2006 10.50 586
2007 6.00 587
2008 6.00 588
2009 6.25 589
2010 6.50 590
2011 6.75 591
2012 12.00 592
(E) THE FOLLOWING PERCENTAGES OF THE NET AMOUNTS CREDITED 595
TO THE TOBACCO MASTER SETTLEMENT AGREEMENT FUND ANNUALLY SHALL BE 596
TRANSFERRED TO THE BIOMEDICAL RESEARCH AND TECHNOLOGY TRANSFER 597
TRUST FUND, CREATED IN SECTION 183.19 OF THE REVISED CODE: 599
YEAR PERCENTAGE 601
2000 3.00 602
2001 15.75 603
2002 11.75 604
2003 12.00 605
2004 16.75 606
2005 17.50 607
2006 18.00 608
2007 15.00 609
2008 13.75 610
16
2009 13.75 611
2010 13.75 612
2011 13.75 613
2012 21.50 614
(F) THE FOLLOWING PERCENTAGES OF THE NET AMOUNTS CREDITED 617
TO THE TOBACCO MASTER SETTLEMENT AGREEMENT FUND ANNUALLY, LESS 618
FIVE MILLION DOLLARS PER YEAR, SHALL BE TRANSFERRED TO THE 619
EDUCATION FACILITIES TRUST FUND, CREATED IN SECTION 183.26 OF THE 620
REVISED CODE: 621
YEAR PERCENTAGE 623
2000 82.75 624
2001 70.00 625
2002 74.00 626
2003 73.75 627
2004 69.00 628
2005 68.25 629
2006 67.75 630
2007 75.00 631
2008 74.75 632
2009 74.75 633
2010 74.75 634
2011 74.75 635
2012 49.60 636
(G) OF THE NET AMOUNTS CREDITED TO THE TOBACCO MASTER 639
SETTLEMENT AGREEMENT FUND ANNUALLY, FROM 2000 TO 2012 FIVE 640
MILLION DOLLARS PER YEAR SHALL BE TRANSFERRED TO THE EDUCATION 641
FACILITIES ENDOWMENT FUND, CREATED IN SECTION 183.27 OF THE 642
REVISED CODE. 643
(H) THE FOLLOWING PERCENTAGES OF THE NET AMOUNTS CREDITED 645
TO THE TOBACCO MASTER SETTLEMENT AGREEMENT FUND ANNUALLY SHALL BE 646
TRANSFERRED TO THE EDUCATION TECHNOLOGY TRUST FUND, CREATED IN 647
SECTION 183.28 OF THE REVISED CODE: 648
YEAR PERCENTAGE 650
2000 8.25 651
17
2001 6.75 652
2002 8.25 653
2003 7.75 654
2004 4.75 655
2005 4.25 656
2006 3.75 657
2007 4.00 658
2008 5.50 659
2009 5.25 660
2010 5.00 661
2011 4.75 662
2012 16.90 663
(I) IF IN ANY YEAR FROM 2001 TO 2012 THE PAYMENTS AND 666
INTEREST CREDITED TO THE TOBACCO MASTER SETTLEMENT AGREEMENT FUND 667
DURING THE YEAR AMOUNT TO LESS THAN THE AMOUNTS REQUIRED TO BE 668
TRANSFERRED TO THE TOBACCO USE PREVENTION AND CESSATION TRUST 669
FUND AND THE SOUTHERN OHIO AGRICULTURAL AND COMMUNITY DEVELOPMENT 670
TRUST FUND THAT YEAR, THE DIRECTOR OF BUDGET AND MANAGEMENT SHALL 671
MAKE NONE OF THE TRANSFERS REQUIRED BY DIVISIONS (A) TO (H) OF 673
THIS SECTION.
(J) IF IN ANY YEAR FROM 2000 TO 2012 THE PAYMENTS CREDITED 675
TO THE TOBACCO MASTER SETTLEMENT AGREEMENT FUND DURING THE YEAR 676
EXCEED THE FOLLOWING AMOUNTS, THE DIRECTOR OF BUDGET AND 677
MANAGEMENT SHALL CREDIT THE EXCESS TO THE INCOME TAX REDUCTION 678
FUND, CREATED IN SECTION 131.44 OF THE REVISED CODE: 679
YEAR AMOUNT 682
2000 $443,892,767.51 683
2001 348,780,049.22 684
2002 418,783,038.09 685
2003 422,746,366.61 686
2005 352,827,184.57 687
2006 352,827,184.57 688
2007 352,827,184.57 689
2008 383,779,323.15 690
18
2009 383,779,323.15 691
2010 383,779,323.15 692
2011 383,779,323.15 693
2012 383,779,323.15 694
Sec. 183.03. THE TOBACCO USE PREVENTION AND CESSATION 697
TRUST FUND IS HEREBY CREATED IN THE STATE TREASURY. MONEY 698
CREDITED TO THE FUND SHALL BE USED AS PROVIDED IN SECTIONS 183.04 699
TO 183.10 OF THE REVISED CODE. ALL INVESTMENT EARNINGS OF THE 701
FUND SHALL BE CREDITED TO THE FUND. 702
Sec. 183.04. THERE IS HEREBY CREATED THE TOBACCO USE 704
PREVENTION AND CONTROL FOUNDATION, THE GENERAL MANAGEMENT OF 705
WHICH IS VESTED IN A BOARD OF TRUSTEES OF TWENTY MEMBERS AS 706
FOLLOWS:
(A) NINE MEMBERS WHO ARE HEALTH PROFESSIONALS, HEALTH 708
RESEARCHERS, OR REPRESENTATIVES OF HEALTH ORGANIZATIONS. THREE 709
OF THESE MEMBERS SHALL BE APPOINTED BY THE GOVERNOR, TWO BY THE 710
SPEAKER OF THE HOUSE OF REPRESENTATIVES, ONE BY THE MINORITY 711
LEADER OF THE HOUSE OF REPRESENTATIVES, TWO BY THE PRESIDENT OF 712
THE SENATE, AND ONE BY THE MINORITY LEADER OF THE SENATE. 714
(B) TWO MEMBERS, ONE OF WHOM HAS EXPERIENCE IN FINANCIAL 716
PLANNING AND ACCOUNTING AND ONE OF WHOM HAS EXPERIENCE IN MEDIA 717
AND MASS MARKETING, WHO SHALL BE APPOINTED BY THE GOVERNOR; 718
(C) ONE MEMBER, WHO SHALL BE APPOINTED BY THE GOVERNOR 720
FROM A LIST OF AT LEAST THREE INDIVIDUALS RECOMMENDED BY THE 721
AMERICAN CANCER SOCIETY; 722
(D) ONE MEMBER, WHO SHALL BE APPOINTED BY THE GOVERNOR 724
FROM A LIST OF AT LEAST THREE INDIVIDUALS RECOMMENDED BY THE 725
AMERICAN HEART ASSOCIATION; 726
(E) ONE MEMBER, WHO SHALL BE APPOINTED BY THE GOVERNOR 728
FROM A LIST OF AT LEAST THREE INDIVIDUALS RECOMMENDED BY THE 729
AMERICAN LUNG ASSOCIATION; 730
(F) ONE MEMBER, WHO SHALL BE APPOINTED BY THE GOVERNOR 732
FROM A LIST OF AT LEAST THREE INDIVIDUALS RECOMMENDED BY THE 733
ASSOCIATION OF HOSPITALS AND HEALTH SYSTEMS; 734
19
(G) ONE MEMBER, WHO SHALL BE APPOINTED BY THE GOVERNOR 736
FROM A LIST OF AT LEAST THREE INDIVIDUALS RECOMMENDED BY THE OHIO 737
STATE MEDICAL ASSOCIATION; 738
(H) ONE MEMBER, WHO SHALL BE APPOINTED BY THE GOVERNOR 740
FROM A LIST OF AT LEAST THREE INDIVIDUALS RECOMMENDED BY THE 741
ASSOCIATION OF OHIO HEALTH COMMISSIONERS; 742
(I) THE DIRECTOR OF HEALTH, EXECUTIVE DIRECTOR OF THE 744
COMMISSION ON MINORITY HEALTH, AND ATTORNEY GENERAL, WHO SHALL 745
SERVE AS EX OFFICIO MEMBERS. 746
THE APPOINTMENTS OF THE GOVERNOR SHALL BE WITH THE ADVICE 748
AND CONSENT OF THE SENATE. 749
TERMS OF OFFICE FOR THE MEMBERS APPOINTED BY THE GOVERNOR, 751
PRESIDENT, AND SPEAKER SHALL BE FOR FIVE YEARS. EACH MEMBER 752
SHALL HOLD OFFICE FROM THE DATE OF APPOINTMENT UNTIL THE END OF 753
THE TERM FOR WHICH THE MEMBER WAS APPOINTED. ANY MEMBER 754
APPOINTED TO FILL A VACANCY OCCURRING PRIOR TO THE EXPIRATION OF 755
THE TERM FOR WHICH THE MEMBER'S PREDECESSOR WAS APPOINTED SHALL 756
HOLD OFFICE FOR THE REMAINDER OF THAT TERM. ANY MEMBER SHALL 757
CONTINUE IN OFFICE SUBSEQUENT TO THE EXPIRATION DATE OF THE 758
MEMBER'S TERM UNTIL THE MEMBER'S SUCCESSOR TAKES OFFICE, OR UNTIL 759
A PERIOD OF SIXTY DAYS HAS ELAPSED, WHICHEVER OCCURS FIRST. A 760
VACANCY IN AN UNEXPIRED TERM SHALL BE FILLED IN THE SAME MANNER 761
AS THE ORIGINAL APPOINTMENT. THE GOVERNOR MAY REMOVE ANY MEMBER 762
FOR MALFEASANCE, MISFEASANCE, OR NONFEASANCE AFTER A HEARING IN 763
ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE. 765
THE MEMBERS OF THE BOARD SHALL SERVE WITHOUT COMPENSATION 767
BUT SHALL RECEIVE THEIR REASONABLE AND NECESSARY EXPENSES 768
INCURRED IN THE CONDUCT OF FOUNDATION BUSINESS. 769
SECTION 101.84 OF THE REVISED CODE DOES NOT APPLY TO THE 771
FOUNDATION. 772
Sec. 183.05. THE BOARD OF TRUSTEES OF THE TOBACCO USE 774
PREVENTION AND CONTROL FOUNDATION SHALL SELECT A CHAIRPERSON FROM 775
AMONG ITS MEMBERS AND SHALL MEET ONCE DURING EACH QUARTER OR AT 776
SUCH OTHER TIMES AS THE BOARD DECIDES. A MAJORITY OF THE MEMBERS 777
20
OF THE BOARD CONSTITUTES A QUORUM, AND NO ACTION SHALL BE TAKEN 778
WITHOUT THE AFFIRMATIVE VOTE OF A MAJORITY OF THE MEMBERS. 779
Sec. 183.06. THE BOARD OF TRUSTEES OF THE TOBACCO USE 781
PREVENTION AND CONTROL FOUNDATION SHALL APPOINT AND SET THE 782
COMPENSATION OF AN EXECUTIVE DIRECTOR AND OTHER EMPLOYEES NEEDED 783
TO CARRY OUT THE DUTIES OF THE FOUNDATION. BEFORE ENTERING UPON 784
THE DISCHARGE OF THE DUTIES OF OFFICE, THE EXECUTIVE DIRECTOR 785
SHALL GIVE A BOND TO THE STATE, TO BE APPROVED BY THE GOVERNOR, 786
CONDITIONED FOR THE FAITHFUL PERFORMANCE OF THE DUTIES OF OFFICE. 787
THE EXECUTIVE DIRECTOR AND THE OTHER EMPLOYEES OF THE FOUNDATION 788
ARE STATE EMPLOYEES AND SERVE IN THE UNCLASSIFIED SERVICE. 789
Sec. 183.07. THE TOBACCO USE PREVENTION AND CONTROL 791
FOUNDATION SHALL PREPARE A PLAN TO REDUCE TOBACCO USE BY OHIOANS, 792
WITH EMPHASIS ON REDUCING THE USE OF TOBACCO BY YOUTH, MINORITY 793
AND REGIONAL POPULATIONS, PREGNANT WOMEN, AND OTHERS WHO MAY BE 794
DISPROPORTIONATELY AFFECTED BY THE USE OF TOBACCO. THE PLAN 795
SHALL COVER A PERIOD OF AT LEAST FIVE YEARS AND BE UPDATED 796
ANNUALLY. AT A MINIMUM, THE PLAN SHALL CONTAIN BASELINE DATA FOR 797
TOBACCO USE BY OHIOANS AND ESTABLISH OUTCOME OBJECTIVES FOR 798
REDUCING TOBACCO USE BY OHIOANS DURING THE PERIOD COVERED BY THE 799
PLAN. COPIES OF THE PLAN SHALL BE AVAILABLE TO THE PUBLIC. 800
THE PLAN SHALL ALSO SPECIFICALLY DESCRIBE THE TYPES OF 802
YOUTH SMOKING PREVENTION PROGRAMS TO BE ELIGIBLE FOR 803
CONSIDERATION FOR GRANTS FROM THE FOUNDATION AND SHALL SET FORTH 804
THE CRITERIA BY WHICH APPLICATIONS FOR GRANTS FOR SUCH PROGRAMS 805
WILL BE CONSIDERED BY THE FOUNDATION. PROGRAMS ELIGIBLE FOR
CONSIDERATION INCLUDE, BUT ARE NOT LIMITED TO: 806
(A) MEDIA CAMPAIGNS DIRECTED TO YOUTH TO PREVENT UNDERAGE 808
CONSUMPTION OF CIGARETTES; 809
(B) SCHOOL-BASED EDUCATION PROGRAMS TO PREVENT YOUTH 811
SMOKING;
(C) COMMUNITY-BASED YOUTH PROGRAMS INVOLVING YOUTH SMOKING 813
PREVENTION THROUGH GENERAL YOUTH DEVELOPMENT; 814
(D) RETAILER EDUCATION AND COMPLIANCE EFFORTS TO PREVENT 816
21
YOUTH SMOKING. 817
THE PLAN DEVELOPED BY THE FOUNDATION SHALL FURTHER PROVIDE 819
FOR A GRANT FOR AN ANNUAL STATEWIDE SCHOOL-BASED SURVEY TO 820
MEASURE CIGARETTE USE AND BEHAVIOR TOWARD CIGARETTE USE BY 821
INDIVIDUALS IN GRADES SIX TO TWELVE AS PROVIDED BY THE CENTER FOR 822
DISEASE CONTROL SURVEY STANDARDS OR OTHER SIMILAR SURVEY
STANDARDS.
PURSUANT TO THE PLAN, THE FOUNDATION SHALL CARRY OUT, OR 824
PROVIDE FUNDING FOR PRIVATE OR PUBLIC AGENCIES TO CARRY OUT, 825
RESEARCH AND PROGRAMS RELATED TO TOBACCO USE PREVENTION AND 826
CESSATION. THE FOUNDATION SHALL ESTABLISH AN OBJECTIVE PROCESS 827
TO DETERMINE WHICH RESEARCH AND PROGRAM PROPOSALS TO FUND. WHEN 828
APPROPRIATE, PROPOSALS FOR RESEARCH SHALL BE PEER-REVIEWED. NO 829
PROGRAM SHALL BE CARRIED OUT OR FUNDED BY THE FOUNDATION UNLESS 830
THERE IS RESEARCH THAT INDICATES THAT THE PROGRAM IS LIKELY TO 831
ACHIEVE THE RESULTS DESIRED. EACH RESEARCH AND PROGRAM FUNDED BY 832
THE FOUNDATION SHALL BE GOAL-ORIENTED AND INDEPENDENTLY AND 833
OBJECTIVELY EVALUATED ANNUALLY ON WHETHER IT IS MEETING ITS 834
GOALS. THE FOUNDATION SHALL CONTRACT FOR SUCH EVALUATIONS AND 835
FOR THE ANNUAL EVALUATION REQUIRED BY SECTION 183.09 OF THE 836
REVISED CODE AND SHALL ADOPT RULES UNDER CHAPTER 119. OF THE 838
REVISED CODE REGARDING CONFLICTS OF INTEREST IN THE RESEARCH AND 840
PROGRAMS IT FUNDS.
THE FOUNDATION SHALL ENDEAVOR TO COORDINATE ITS RESEARCH 842
AND PROGRAMS WITH THE EFFORTS OF OTHER AGENCIES OF THIS STATE TO 843
REDUCE TOBACCO USE BY OHIOANS. 844
Sec. 183.08. THERE IS HEREBY CREATED THE TOBACCO USE 846
PREVENTION AND CONTROL ENDOWMENT FUND, WHICH SHALL BE IN THE 847
CUSTODY OF THE TREASURER OF STATE BUT SHALL NOT BE A PART OF THE 848
STATE TREASURY. THE ENDOWMENT FUND SHALL CONSIST OF AMOUNTS 849
APPROPRIATED FROM THE TOBACCO USE PREVENTION AND CESSATION TRUST 850
FUND, AS WELL AS GRANTS AND DONATIONS MADE TO THE TOBACCO USE 851
PREVENTION AND CONTROL FOUNDATION AND INVESTMENT EARNINGS OF THE 852
FUND. THE ENDOWMENT FUND SHALL BE USED BY THE FOUNDATION TO 853
22
CARRY OUT ITS DUTIES. 854
NO MONEY FROM THE TOBACCO USE PREVENTION AND CONTROL 856
ENDOWMENT FUND SHALL BE EXPENDED ON POLITICAL ACTIVITY OR 857
LOBBYING, INCLUDING THE SUPPORT OF OR OPPOSITION TO CANDIDATES, 858
BALLOT QUESTIONS, REFERENDUMS, INITIATIVES, OR SIMILAR 859
ACTIVITIES.
THE FOUNDATION SHALL BE SELF-SUSTAINING AND SHOULD NOT 861
EXPECT TO RECEIVE FUNDING FROM THE STATE BEYOND THE AMOUNTS 862
APPROPRIATED TO IT FROM THE TOBACCO USE PREVENTION AND CESSATION 863
TRUST FUND.
Sec. 183.09. THE FISCAL YEAR OF THE TOBACCO USE PREVENTION 865
AND CONTROL FOUNDATION SHALL BE THE SAME AS THE FISCAL YEAR OF 866
THE STATE.
WITHIN NINETY DAYS AFTER THE END OF EACH FISCAL YEAR, THE 868
FOUNDATION SHALL SUBMIT TO THE GOVERNOR AND THE GENERAL ASSEMBLY 869
BOTH OF THE FOLLOWING: 870
(A) A REPORT OF THE ACTIVITIES OF THE FOUNDATION DURING 872
THE PRECEDING FISCAL YEAR AND AN INDEPENDENT AND OBJECTIVE 873
EVALUATION OF THE PROGRESS BEING MADE BY THE FOUNDATION IN 874
REDUCING TOBACCO USE BY OHIOANS; 875
(B) A FINANCIAL REPORT OF THE FOUNDATION FOR THE PRECEDING 877
FISCAL YEAR, WHICH SHALL INCLUDE BOTH: 878
(1) INFORMATION ON THE AMOUNT AND PERCENTAGE OF OVERHEAD 880
AND ADMINISTRATIVE EXPENDITURES COMPARED TO PROGRAMMATIC 881
EXPENDITURES;
(2) AN INDEPENDENT AUDITOR'S REPORT ON THE GENERAL PURPOSE 883
FINANCIAL STATEMENTS OF THE FOUNDATION. SUCH FINANCIAL 884
STATEMENTS SHALL BE PREPARED IN CONFORMITY WITH GENERALLY 885
ACCEPTED ACCOUNTING PRINCIPLES PRESCRIBED FOR GOVERNMENTAL 886
ENTITIES.
Sec. 183.10. THE LAW ENFORCEMENT IMPROVEMENTS TRUST FUND 888
IS HEREBY CREATED IN THE STATE TREASURY. MONEY CREDITED TO THE 889
FUND SHALL BE USED BY THE ATTORNEY GENERAL TO MAINTAIN, UPGRADE, 890
AND MODERNIZE THE LAW ENFORCEMENT TRAINING AND LABORATORY 891
23
FACILITIES OF THE OFFICE OF THE ATTORNEY GENERAL. ALL INVESTMENT 892
EARNINGS OF THE FUND SHALL BE CREDITED TO THE FUND. 893
Sec. 183.11. THE SOUTHERN OHIO AGRICULTURAL AND COMMUNITY 895
DEVELOPMENT TRUST FUND IS HEREBY CREATED IN THE STATE TREASURY. 896
MONEY CREDITED TO THE FUND SHALL BE USED AS PROVIDED IN SECTIONS 897
183.12 TO 183.17 OF THE REVISED CODE. ALL INVESTMENT EARNINGS OF 899
THE FUND SHALL BE CREDITED TO THE FUND. 900
Sec. 183.12. THERE IS HEREBY CREATED THE SOUTHERN OHIO 902
AGRICULTURAL AND COMMUNITY DEVELOPMENT FOUNDATION, THE GENERAL 903
MANAGEMENT OF WHICH IS VESTED IN A BOARD OF TRUSTEES OF FOURTEEN 904
MEMBERS AS FOLLOWS: 905
(A) THE DIRECTOR OF AGRICULTURE, WHO SHALL BE THE 907
CHAIRPERSON OF THE FOUNDATION, DIRECTOR OF DEVELOPMENT, EXECUTIVE 908
DIRECTOR OF THE OHIO RURAL DEVELOPMENT PARTNERSHIP, DIRECTOR OF 909
THE OHIO STATE UNIVERSITY EXTENSION, AND A DESIGNEE OF THE 910
DIRECTOR OF AGRICULTURE, WHO SHALL SERVE AS EX OFFICIO OFFICERS; 911
(B) TWO RESIDENTS OF THE SOUTHERN OHIO REGION WITH 913
EXPERIENCE IN LOCAL AGRICULTURAL ECONOMIC DEVELOPMENT OR 915
COMMUNITY DEVELOPMENT APPOINTED BY THE GOVERNOR; 916
(C) THREE ACTIVE FARMERS FROM SOUTHERN OHIO APPOINTED BY 918
THE GOVERNOR; 920
(D) ONE MEMBER OF THE SENATE APPOINTED BY THE PRESIDENT OF 923
THE SENATE, WHO SHALL BE NONVOTING; 924
(E) ONE MEMBER OF THE SENATE APPOINTED BY THE MINORITY 926
LEADER OF THE SENATE, WHO SHALL BE NONVOTING; 927
(F) ONE MEMBER OF THE HOUSE OF REPRESENTATIVES APPOINTED 930
BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, WHO SHALL BE 932
NONVOTING;
(G) ONE MEMBER OF THE HOUSE OF REPRESENTATIVES APPOINTED 934
BY THE MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES, WHO SHALL 936
BE NONVOTING.
THE APPOINTMENTS OF THE GOVERNOR SHALL BE WITH THE ADVICE 938
AND CONSENT OF THE SENATE. 939
TERMS OF OFFICE FOR THE MEMBERS APPOINTED BY THE GOVERNOR 941
24
SHALL BE FOR FIVE YEARS. EACH SUCH MEMBER SHALL HOLD OFFICE FROM 942
THE DATE OF APPOINTMENT UNTIL THE END OF THE TERM FOR WHICH THE 943
MEMBER WAS APPOINTED. ANY MEMBER APPOINTED BY THE GOVERNOR TO 944
FILL A VACANCY OCCURRING PRIOR TO THE EXPIRATION OF THE TERM FOR 946
WHICH THE MEMBER'S PREDECESSOR WAS APPOINTED SHALL HOLD OFFICE 947
FOR THE REMAINDER OF SUCH TERM. ANY MEMBER APPOINTED BY THE 948
GOVERNOR SHALL CONTINUE IN OFFICE SUBSEQUENT TO THE EXPIRATION 949
DATE OF THE MEMBER'S TERM UNTIL THE MEMBER'S SUCCESSOR TAKES 950
OFFICE, OR UNTIL A PERIOD OF SIXTY DAYS HAS ELAPSED, WHICHEVER 951
OCCURS FIRST. THE GOVERNOR MAY REMOVE ANY MEMBER APPOINTED BY 953
THE GOVERNOR FOR MALFEASANCE, MISFEASANCE, OR NONFEASANCE AFTER A 955
HEARING IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE. 957
A VACANCY ON THE BOARD SHALL BE FILLED IN THE SAME MANNER 960
AS THE ORIGINAL APPOINTMENT. LEGISLATIVE MEMBERS OF THE BOARD
SERVE AT THE PLEASURE OF THE MEMBER'S APPOINTING AUTHORITY. 961
THE MEMBERS OF THE BOARD SHALL SERVE WITHOUT COMPENSATION 963
BUT SHALL RECEIVE THEIR REASONABLE AND NECESSARY EXPENSES 964
INCURRED IN THE CONDUCT OF FOUNDATION BUSINESS. 965
SECTION 101.84 OF THE REVISED CODE DOES NOT APPLY TO THE 967
FOUNDATION. 968
Sec. 183.13. THE BOARD OF TRUSTEES OF THE SOUTHERN OHIO 970
AGRICULTURAL AND COMMUNITY DEVELOPMENT FOUNDATION SHALL MEET ONCE 971
DURING EACH QUARTER OR AT SUCH OTHER TIMES AS THE BOARD DECIDES. 973
A MAJORITY OF THE VOTING MEMBERS OF THE BOARD CONSTITUTES A
QUORUM, AND NO ACTION SHALL BE TAKEN WITHOUT THE AFFIRMATIVE VOTE 975
OF A MAJORITY OF THE VOTING MEMBERS.
Sec. 183.14. THE BOARD OF TRUSTEES OF THE SOUTHERN OHIO 977
AGRICULTURAL AND COMMUNITY DEVELOPMENT FOUNDATION SHALL APPOINT 978
AND SET THE COMPENSATION OF AN EXECUTIVE DIRECTOR AND OTHER 979
EMPLOYEES NEEDED TO CARRY OUT THE DUTIES OF THE FOUNDATION. 980
BEFORE ENTERING UPON THE DISCHARGE OF THE DUTIES OF OFFICE, THE 981
EXECUTIVE DIRECTOR SHALL GIVE A BOND TO THE STATE, TO BE APPROVED 982
BY THE GOVERNOR, CONDITIONED FOR THE FAITHFUL PERFORMANCE OF THE 983
DUTIES OF OFFICE. THE EXECUTIVE DIRECTOR AND THE OTHER EMPLOYEES 984
25
OF THE FOUNDATION ARE STATE EMPLOYEES AND SERVE IN THE 985
UNCLASSIFIED SERVICE. 986
Sec. 183.15. THE SOUTHERN OHIO AGRICULTURAL AND COMMUNITY 988
DEVELOPMENT FOUNDATION SHALL ENDEAVOR TO REPLACE THE PRODUCTION 989
OF TOBACCO IN SOUTHERN OHIO WITH THE PRODUCTION OF OTHER 990
AGRICULTURAL PRODUCTS AND TO MITIGATE THE ADVERSE ECONOMIC IMPACT 991
OF REDUCED TOBACCO PRODUCTION IN THE REGION BY PREPARING, 993
IMPLEMENTING, AND KEEPING CURRENT A PLAN TO DO ALL OF THE 995
FOLLOWING:
(A) DEVELOP MEANS FOR TOBACCO GROWERS TO GROW OTHER 997
AGRICULTURAL PRODUCTS VOLUNTARILY; 998
(B) INCREASE THE VARIETY, QUANTITY, AND VALUE OF 1,000
AGRICULTURAL PRODUCTS OTHER THAN TOBACCO THAT ARE PRODUCED IN 1,001
THOSE PARTS OF THIS STATE WHERE TOBACCO HAS TRADITIONALLY BEEN 1,002
GROWN;
(C) PRESERVE AGRICULTURAL LAND AND SOILS IN THOSE PARTS OF 1,004
THIS STATE WHERE TOBACCO HAS TRADITIONALLY BEEN GROWN; 1,005
(D) MAKE STRATEGIC INVESTMENTS IN COMMUNITIES THAT WILL BE 1,007
AFFECTED BY THE REDUCTION IN THE DEMAND FOR TOBACCO; 1,008
(E) PROVIDE EDUCATION AND TRAINING ASSISTANCE TO TOBACCO 1,010
GROWERS TO HELP THEM MAKE THE TRANSITION OUT OF TOBACCO 1,011
PRODUCTION.
COPIES OF THE PLAN SHALL BE MADE AVAILABLE TO THE PUBLIC. 1,013
THE FOUNDATION SHALL MAKE GRANTS OR LOANS TO INDIVIDUALS, 1,015
PUBLIC AGENCIES, OR PRIVATELY OWNED COMPANIES TO CARRY OUT THE 1,016
PLAN. THE FOUNDATION SHALL ALSO ADOPT RULES UNDER CHAPTER 119. 1,017
OF THE REVISED CODE REGARDING CONFLICTS OF INTEREST IN THE MAKING 1,019
OF GRANTS OR LOANS.
Sec. 183.16. THERE IS HEREBY CREATED THE SOUTHERN OHIO 1,021
AGRICULTURAL AND COMMUNITY DEVELOPMENT FOUNDATION ENDOWMENT FUND, 1,022
WHICH SHALL BE IN THE CUSTODY OF THE TREASURER OF STATE BUT SHALL 1,024
NOT BE A PART OF THE STATE TREASURY. THE ENDOWMENT FUND SHALL
CONSIST OF AMOUNTS APPROPRIATED FROM THE SOUTHERN OHIO 1,025
AGRICULTURAL AND COMMUNITY DEVELOPMENT TRUST FUND, AS WELL AS 1,026
26
GRANTS AND DONATIONS MADE TO THE SOUTHERN OHIO AGRICULTURAL AND 1,028
COMMUNITY DEVELOPMENT FOUNDATION AND INVESTMENT EARNINGS OF THE 1,029
FUND. THE ENDOWMENT FUND SHALL BE USED BY THE FOUNDATION TO 1,030
CARRY OUT ITS DUTIES. 1,031
Sec. 183.17. THE FISCAL YEAR OF THE SOUTHERN OHIO 1,033
AGRICULTURAL AND COMMUNITY DEVELOPMENT FOUNDATION SHALL BE THE 1,034
SAME AS THE FISCAL YEAR OF THE STATE. 1,035
WITHIN NINETY DAYS AFTER THE END OF EACH FISCAL YEAR, THE 1,037
FOUNDATION SHALL SUBMIT TO THE GOVERNOR AND THE GENERAL ASSEMBLY 1,038
BOTH OF THE FOLLOWING: 1,039
(A) A REPORT OF THE ACTIVITIES OF THE FOUNDATION DURING 1,041
THE PRECEDING FISCAL YEAR. THE REPORT SHALL ALSO CONTAIN AN 1,042
INDEPENDENT EVALUATION OF THE PROGRESS BEING MADE BY THE 1,043
FOUNDATION IN CARRYING OUT ITS DUTIES. 1,044
(B) A FINANCIAL REPORT OF THE FOUNDATION FOR THE PRECEDING 1,046
YEAR, WHICH SHALL INCLUDE BOTH: 1,047
(1) INFORMATION ON THE AMOUNT AND PERCENTAGE OF OVERHEAD 1,049
AND ADMINISTRATIVE EXPENDITURES COMPARED TO PROGRAMMATIC 1,050
EXPENDITURES;
(2) AN INDEPENDENT AUDITOR'S REPORT ON THE GENERAL PURPOSE 1,052
FINANCIAL STATEMENTS OF THE FOUNDATION. SUCH FINANCIAL 1,053
STATEMENTS SHALL BE PREPARED IN CONFORMITY WITH GENERALLY 1,054
ACCEPTED ACCOUNTING PRINCIPLES PRESCRIBED FOR GOVERNMENTAL 1,055
ENTITIES.
ON OR BEFORE JULY 1, 2010, THE FOUNDATION SHALL REPORT TO 1,057
THE GOVERNOR AND THE GENERAL ASSEMBLY ON THE PROGRESS THAT THE 1,058
FOUNDATION HAS MADE IN REPLACING THE PRODUCTION OF TOBACCO IN 1,059
SOUTHERN OHIO WITH THE PRODUCTION OF OTHER AGRICULTURAL PRODUCTS 1,060
AND IN MITIGATING THE ADVERSE ECONOMIC IMPACT OF REDUCED TOBACCO 1,061
PRODUCTION IN THE REGION. IF THE FOUNDATION CONCLUDES THAT A 1,063
NEED FOR ADDITIONAL FUNDING STILL EXISTS, THE FOUNDATION MAY 1,064
REQUEST THAT PROVISION BE MADE FOR A PORTION OF THE PAYMENTS 1,065
CREDITED TO THE TOBACCO MASTER SETTLEMENT AGREEMENT FUND TO 1,066
CONTINUE TO BE TRANSFERRED TO THE SOUTHERN OHIO AGRICULTURAL AND 1,067
27
COMMUNITY DEVELOPMENT TRUST FUND. 1,068
Sec. 183.18. OHIO'S PUBLIC HEALTH PRIORITIES TRUST FUND IS 1,070
HEREBY CREATED IN THE STATE TREASURY. MONEY CREDITED TO THE FUND 1,071
SHALL BE USED FOR THE FOLLOWING PURPOSES: 1,072
(A) MINORITY HEALTH PROGRAMS, ON WHICH NOT LESS THAN 1,074
TWENTY-FIVE PER CENT OF THE ANNUAL APPROPRIATIONS FROM THE TRUST 1,075
FUND SHALL BE EXPENDED; 1,076
(B) ENFORCING SECTION 2927.02 OF THE REVISED CODE; 1,079
(C) ALCOHOL AND DRUG ABUSE PREVENTION PROGRAMS, INCLUDING 1,081
PROGRAMS FOR ADULT AND JUVENILE OFFENDERS IN STATE INSTITUTIONS 1,082
AND AFTERCARE PROGRAMS; 1,083
(D) A PROGRAM FUNDED THROUGH THE DEPARTMENT OF HEALTH TO 1,085
PROVIDE ASSISTANCE TO LOW-INCOME PERSONS WHOSE HEALTH HAS BEEN 1,086
ADVERSELY AFFECTED BY TOBACCO USE; 1,087
(E) PARTIAL REIMBURSEMENT, ON A COUNTY BASIS, OF PUBLIC 1,089
HOSPITALS, FREE MEDICAL CLINICS, AND SIMILAR ORGANIZATIONS OR 1,090
PROGRAMS THAT PROVIDE FREE, UNCOMPENSATED CARE TO THE GENERAL 1,091
PUBLIC; 1,092
(F) A PROGRAM FUNDED THROUGH THE DEPARTMENT OF HUMAN 1,094
SERVICES TO DEVELOP AND ENHANCE OUTREACH ACTIVITIES FOR ENROLLING 1,095
ELIGIBLE CHILDREN AND FAMILIES IN MEDICAID AND OTHER HEALTH CARE 1,096
COVERAGE PROGRAMS AUTHORIZED BY STATE LAW. AS USED IN THIS 1,097
DIVISION, "MEDICAID" MEANS THE MEDICAL ASSISTANCE PROGRAM 1,098
ESTABLISHED UNDER CHAPTER 5111. OF THE REVISED CODE AND TITLE XIX 1,100
OF THE "SOCIAL SECURITY ACT," 49 STAT. 620 (1935), 42 U.S.C.A. 1,105
301, AS AMENDED;
(G) PUBLIC HEALTH PROGRAMS ADMINISTERED BY THE DEPARTMENT 1,107
OF HEALTH RELATING TO DISEASE PREVENTION AND HEALTH PROMOTION. 1,108
ALL INVESTMENT EARNINGS OF THE FUND SHALL BE CREDITED TO 1,110
THE FUND.
Sec. 183.19. THE BIOMEDICAL RESEARCH AND TECHNOLOGY 1,112
TRANSFER TRUST FUND IS HEREBY CREATED IN THE STATE TREASURY. 1,113
MONEY CREDITED TO THE FUND SHALL BE USED AS PROVIDED IN SECTION 1,114
183.20 TO 183.25 OF THE REVISED CODE. ALL INVESTMENT EARNINGS OF 1,115
28
THE FUND SHALL BE CREDITED TO THE FUND. 1,116
Sec. 183.20. THERE IS HEREBY CREATED THE BIOMEDICAL 1,118
RESEARCH AND TECHNOLOGY TRANSFER COMMISSION WITHIN THE OHIO BOARD 1,119
OF REGENTS. THE COMMISSION SHALL CONSIST OF TWENTY-THREE MEMBERS 1,120
AS FOLLOWS:
(A) THE CHANCELLOR OF THE BOARD, DIRECTOR OF DEVELOPMENT, 1,122
DIRECTOR OF HEALTH, AND EXECUTIVE DIRECTOR OF THE COMMISSION ON 1,123
MINORITY HEALTH, WHO SHALL SERVE AS EX OFFICIO MEMBERS; 1,124
(B) ELEVEN MEMBERS, WHO SHALL NOT BE OR REPRESENT 1,126
POTENTIAL RECIPIENTS OF GRANTS FROM THE COMMISSION, APPOINTED AS 1,127
FOLLOWS:
(1) FIVE MEMBERS, APPOINTED BY THE GOVERNOR, TWO OF WHOM 1,129
ARE EXPERTS IN THE RESULTS OF BIOMEDICAL RESEARCH; 1,130
(2) TWO MEMBERS APPOINTED BY THE SPEAKER OF THE HOUSE OF 1,132
REPRESENTATIVES; 1,133
(3) ONE MEMBER APPOINTED BY THE MINORITY LEADER OF THE 1,135
HOUSE OF REPRESENTATIVES; 1,136
(4) TWO MEMBERS APPOINTED BY THE PRESIDENT OF THE SENATE; 1,138
(5) ONE MEMBER APPOINTED BY THE MINORITY LEADER OF THE 1,140
SENATE.
(C) EIGHT NONVOTING MEMBERS APPOINTED BY THE GOVERNOR, 1,142
REPRESENTING OHIO'S BIOMEDICAL RESEARCH INSTITUTIONS. 1,144
BEFORE MAKING THEIR APPOINTMENTS, THE GOVERNOR, SPEAKER, 1,146
PRESIDENT, AND MINORITY LEADERS SHALL SOLICIT, FROM THE STATE'S 1,147
MEDICAL COLLEGES AND MEDICAL RESEARCH INSTITUTIONS, THE NATIONAL 1,148
INSTITUTES OF HEALTH, AND OTHER SOURCES FAMILIAR WITH EXPERTS IN 1,149
THE FIELD OF BIOMEDICAL RESEARCH AND IN COMMERCIALIZING THE 1,150
RESULTS OF SUCH RESEARCH, RECOMMENDATIONS AS TO WHOM TO APPOINT. 1,151
THE APPOINTMENTS OF THE GOVERNOR SHALL BE WITH THE ADVICE 1,153
AND CONSENT OF THE SENATE. 1,154
TERMS OF OFFICE FOR THE MEMBERS APPOINTED BY THE GOVERNOR, 1,156
PRESIDENT, AND SPEAKER SHALL BE FOR FIVE YEARS. EACH MEMBER 1,157
SHALL HOLD OFFICE FROM THE DATE OF APPOINTMENT UNTIL THE END OF 1,158
THE TERM FOR WHICH THE MEMBER WAS APPOINTED. ANY MEMBER 1,159
29
APPOINTED TO FILL A VACANCY OCCURRING PRIOR TO THE EXPIRATION OF 1,160
THE TERM FOR WHICH THE MEMBER'S PREDECESSOR WAS APPOINTED SHALL 1,161
HOLD OFFICE FOR THE REMAINDER OF SUCH TERM. ANY MEMBER SHALL 1,162
CONTINUE IN OFFICE SUBSEQUENT TO THE EXPIRATION DATE OF THE 1,163
MEMBER'S TERM UNTIL THE MEMBER'S SUCCESSOR TAKES OFFICE, OR UNTIL 1,164
A PERIOD OF SIXTY DAYS HAS ELAPSED, WHICHEVER OCCURS FIRST. A 1,165
VACANCY IN AN UNEXPIRED TERM SHALL BE FILLED IN THE SAME MANNER 1,166
AS THE ORIGINAL APPOINTMENT. THE GOVERNOR MAY REMOVE ANY MEMBER 1,167
FOR MALFEASANCE, MISFEASANCE, OR NONFEASANCE AFTER A HEARING IN 1,168
ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE. 1,170
THE MEMBERS OF THE COMMISSION SHALL SERVE WITHOUT 1,172
COMPENSATION BUT SHALL RECEIVE THEIR REASONABLE AND NECESSARY 1,173
EXPENSES INCURRED IN THE CONDUCT OF COMMISSION BUSINESS. 1,174
SECTION 101.84 OF THE REVISED CODE DOES NOT APPLY TO THE 1,176
COMMISSION. 1,177
Sec. 183.21. THE BIOMEDICAL RESEARCH AND TECHNOLOGY 1,179
TRANSFER COMMISSION SHALL SELECT A CHAIRPERSON FROM AMONG ITS 1,180
MEMBERS AND SHALL MEET ONCE DURING EACH QUARTER OR AT SUCH OTHER 1,181
TIMES AS THE BOARD DECIDES. A MAJORITY OF THE MEMBERS OF THE 1,182
COMMISSION CONSTITUTES A QUORUM, AND NO ACTION SHALL BE TAKEN 1,183
WITHOUT THE AFFIRMATIVE VOTE OF A MAJORITY OF THE MEMBERS. 1,184
Sec. 183.22. THE BIOMEDICAL RESEARCH AND TECHNOLOGY 1,186
TRANSFER COMMISSION SHALL APPOINT AND SET THE COMPENSATION OF AN 1,187
EXECUTIVE DIRECTOR AND OTHER EMPLOYEES NEEDED TO CARRY OUT THE 1,188
DUTIES OF THE COMMISSION. BEFORE ENTERING UPON THE DISCHARGE OF 1,189
THE DUTIES OF OFFICE, THE EXECUTIVE DIRECTOR SHALL GIVE A BOND TO 1,190
THE STATE, TO BE APPROVED BY THE GOVERNOR, CONDITIONED FOR THE 1,191
FAITHFUL PERFORMANCE OF THE DUTIES OF OFFICE. THE EXECUTIVE 1,192
DIRECTOR AND THE OTHER EMPLOYEES OF THE COMMISSION ARE STATE 1,193
EMPLOYEES AND SERVE IN THE UNCLASSIFIED SERVICE. 1,194
Sec. 183.23. THE BOARD OF REGENTS SHALL PROVIDE OFFICE 1,196
SPACE AND FACILITIES FOR THE BIOMEDICAL RESEARCH AND TECHNOLOGY 1,197
TRANSFER COMMISSION. ANY ADMINISTRATIVE COSTS ASSOCIATED WITH 1,198
THE OPERATION OF THE COMMISSION SHALL BE PAID FROM AMOUNTS 1,200
30
APPROPRIATED FROM THE BIOMEDICAL RESEARCH AND TECHNOLOGY TRANSFER 1,201
TRUST FUND, CREATED BY SECTION 183.19 OF THE REVISED CODE. 1,202
Sec. 183.24. THE BIOMEDICAL RESEARCH AND TECHNOLOGY 1,204
TRANSFER COMMISSION SHALL PERIODICALLY MAKE STRATEGIC ASSESSMENTS 1,205
OF THE TYPES OF STATE INVESTMENTS IN BIOMEDICAL RESEARCH AND 1,206
BIOTECHNOLOGY IN THIS STATE THAT WOULD BE LIKELY TO CREATE JOBS 1,207
AND BUSINESS OPPORTUNITIES AND PRODUCE THE MOST BENEFICIAL 1,208
LONG-TERM IMPROVEMENTS TO THE PUBLIC HEALTH OF OHIOANS. ONE AREA 1,209
OF FOCUS FOR THE COMMISSION SHALL BE BIOMEDICAL RESEARCH AND 1,210
BIOTECHNOLOGY INITIATIVES THAT ADDRESS TOBACCO-RELATED ILLNESSES. 1,211
THE ASSESSMENTS SHALL BE AVAILABLE TO THE PUBLIC AND SHALL BE 1,212
USED BY THE COMMISSION TO GUIDE ITS DECISIONS ON AWARDING GRANTS. 1,213
THE COMMISSION SHALL ESTABLISH A COMPETITIVE PROCESS FOR THE 1,214
AWARD OF GRANTS THAT IS DESIGNED TO FUND THE MOST MERITORIOUS 1,215
PROPOSALS AND, WHEN APPROPRIATE, PROVIDE FOR PEER REVIEW OF 1,216
PROPOSALS. THE COMMISSION MAY MAKE GRANTS TO INDIVIDUALS, PUBLIC 1,217
AGENCIES, PRIVATE COMPANIES OR ORGANIZATIONS, OR JOINT VENTURES 1,218
FOR ANY OF A BROAD RANGE OF ACTIVITIES RELATED TO BIOMEDICAL 1,219
RESEARCH AND TECHNOLOGY TRANSFER. PRIORITY SHALL BE GIVEN TO 1,220
PROPOSALS THAT WOULD LEVERAGE ADDITIONAL PRIVATE AND PUBLIC 1,221
FUNDING RESOURCES. THE COMMISSION SHALL ADOPT RULES UNDER 1,222
CHAPTER 119. OF THE REVISED CODE REGARDING CONFLICTS OF INTEREST 1,223
IN THE AWARDING OF GRANTS. 1,224
WHEN APPROPRIATE, THE COMMISSION SHALL COORDINATE ITS 1,226
ACTIVITIES WITH THOSE OF THE TOBACCO USE PREVENTION AND CONTROL 1,227
FOUNDATION.
Sec. 183.25. WITHIN NINETY DAYS AFTER THE END OF EACH 1,229
FISCAL YEAR, THE BIOMEDICAL RESEARCH AND TECHNOLOGY TRANSFER 1,230
COMMISSION SHALL SUBMIT TO THE GOVERNOR AND THE GENERAL ASSEMBLY 1,231
A REPORT OF THE ACTIVITIES OF THE COMMISSION DURING THE PRECEDING 1,232
FISCAL YEAR.
Sec. 183.26. THE EDUCATION FACILITIES TRUST FUND IS HEREBY 1,234
CREATED IN THE STATE TREASURY. MONEY CREDITED TO THE FUND SHALL 1,235
BE USED TO PAY COSTS OF, OR TO PROVIDE THE STATE'S SHARE OF THE 1,236
31
COSTS OF, CONSTRUCTING, RENOVATING, OR REPAIRING PRIMARY AND 1,237
SECONDARY SCHOOLS. ALL INVESTMENT EARNINGS OF THE FUND SHALL BE 1,238
CREDITED TO THE FUND. 1,239
Sec. 183.27. THE EDUCATION FACILITIES ENDOWMENT FUND IS 1,241
HEREBY CREATED IN THE STATE TREASURY. IT IS THE INTENT OF THE 1,242
GENERAL ASSEMBLY TO MAINTAIN THE FUND AS A PERMANENT SOURCE OF 1,243
REVENUE FOR CONSTRUCTING, RENOVATING, OR REPAIRING PRIMARY AND 1,244
SECONDARY SCHOOLS SOURCE IN THIS STATE. AT THE BEGINNING OF EACH 1,245
QUARTER, ALL INVESTMENT EARNINGS OF THE ENDOWMENT FUND EARNED 1,246
DURING THE IMMEDIATELY PRECEDING QUARTER SHALL BE CREDITED TO THE 1,247
EDUCATION FACILITIES TRUST FUND.
Sec. 183.28. THE EDUCATION TECHNOLOGY TRUST FUND IS HEREBY 1,249
CREATED IN THE STATE TREASURY. MONEY CREDITED TO THE FUND SHALL 1,250
BE USED TO PAY COSTS OF NEW AND INNOVATIVE TECHNOLOGY FOR PRIMARY 1,251
AND SECONDARY EDUCATION, INCLUDING CHARTERED NONPUBLIC SCHOOLS, 1,252
AND HIGHER EDUCATION, INCLUDING STATE INSTITUTIONS OF HIGHER 1,253
EDUCATION AND PRIVATE NONPROFIT INSTITUTIONS OF HIGHER EDUCATION 1,254
HOLDING CERTIFICATES OF AUTHORIZATION UNDER SECTION 1713.02 OF 1,255
THE REVISED CODE. ALL INVESTMENT EARNINGS OF THE FUND SHALL BE 1,257
CREDITED TO THE FUND.
Sec. 183.29. THE TREASURER OF STATE SHALL, EXCEPT FOR ANY 1,260
PETTY CASH FUNDS, KEEP ALL MONEY RECEIVED FROM TOBACCO MASTER 1,262
SETTLEMENT AGREEMENT PAYMENTS OR FROM DISTRIBUTIONS UNDER THIS 1,263
CHAPTER THAT IS NEEDED TO MEET CURRENT DEMANDS FOR THE MONEY 1,264
UNDER THIS CHAPTER, IN PUBLIC DEPOSITORIES OF THE ACTIVE DEPOSITS 1,265
OF PUBLIC MONEYS OF THE STATE, AS SUCH TERMS ARE USED IN CHAPTER 1,266
135. OF THE REVISED CODE.
Sec. 183.30. (A) NO MORE THAN FIVE PER CENT OF THE TOTAL 1,268
EXPENDITURES OF THE TOBACCO USE PREVENTION AND CONTROL FOUNDATION 1,269
IN A FISCAL YEAR SHALL BE FOR ADMINISTRATIVE EXPENSES OF THE 1,270
FOUNDATION. 1,271
(B) NO MORE THAN FIVE PER CENT OF THE TOTAL EXPENDITURES 1,273
OF THE SOUTHERN OHIO AGRICULTURAL AND COMMUNITY DEVELOPMENT 1,274
FOUNDATION IN A FISCAL YEAR SHALL BE FOR ADMINISTRATIVE EXPENSES 1,275
32
OF THE FOUNDATION. 1,276
(C) NO MORE THAN FIVE PER CENT OF THE TOTAL EXPENDITURES 1,278
OF THE BIOMEDICAL RESEARCH AND TECHNOLOGY TRANSFER COMMISSION IN 1,279
A FISCAL YEAR SHALL BE FOR ADMINISTRATIVE EXPENSES OF THE 1,280
COMMISSION.
Sec. 183.31. (A) A PUBLIC OR PRIVATE AGENCY THAT RECEIVES 1,282
FUNDING FROM THE TOBACCO USE PREVENTION AND CONTROL FOUNDATION 1,283
SHALL EXPEND NO MORE THAN TEN PER CENT OF THAT FUNDING ON 1,284
ADMINISTRATIVE EXPENSES. 1,285
(B) AN INDIVIDUAL, PUBLIC AGENCY, OR PRIVATELY OWNED 1,287
COMPANY THAT RECEIVES A GRANT OR LOAN FROM THE SOUTHERN OHIO 1,288
AGRICULTURAL AND COMMUNITY DEVELOPMENT FOUNDATION SHALL EXPEND NO 1,289
MORE THAN TEN PER CENT OF THAT GRANT OR LOAN ON ADMINISTRATIVE 1,291
EXPENSES.
(C) AN INDIVIDUAL, PUBLIC AGENCY, PRIVATE COMPANY OR 1,293
ORGANIZATION, OR JOINT VENTURE THAT RECEIVES A GRANT FROM THE 1,294
BIOMEDICAL RESEARCH AND TECHNOLOGY TRANSFER COMMISSION SHALL 1,295
EXPEND NO MORE THAN TEN PER CENT OF THAT GRANT ON ADMINISTRATIVE 1,296
EXPENSES. 1,297
Section 2. That existing sections 102.02 and 107.031 of 1,299
the Revised Code are hereby repealed. 1,300
Section 3. All items in this section are hereby 1,302
appropriated as designated out of any moneys in the state 1,303
treasury to the credit of the Tobacco Master Settlement Agreement 1,304
Fund Group. For all appropriations made in this section, those 1,305
in the first column are for fiscal year 2000 and those in the
second column are for fiscal year 2001. The appropriations made 1,306
in this section are in addition to any other appropriations made 1,307
for the 1999-2001 biennium.
AGR DEPARTMENT OF AGRICULTURE 1,309
Tobacco Master Settlement Agreement Fund Group 1,311
K87 700-502 Southern Ohio 1,314
Agriculture and
Community Development
33
Foundation $ 0 $ 22,194,639 1,316
TOTAL TSF Tobacco Master 1,317
Settlement Agreement Fund 1,318
Group $ 0 $ 22,194,639 1,321
TOTAL ALL BUDGET FUND GROUPS $ 0 $ 22,194,639 1,324
Southern Ohio Agriculture and Community Development 1,327
Foundation
The foregoing appropriation item 700-502, Southern Ohio 1,329
Agriculture and Community Development Foundation, shall be used 1,330
in accordance with sections 183.02 and 183.11 to 183.17 of the 1,331
Revised Code. The Director of Agriculture shall disburse moneys 1,332
appropriated in this appropriation item to the Southern Ohio 1,333
Agricultural and Community Development Foundation Endowment Fund
created by section 183.16 of the Revised Code to be used by the 1,334
Southern Ohio Agricultural and Community Development Foundation 1,335
to carry out its duties.
CEB CONTROLLING BOARD 1,337
Tobacco Master Settlement Agreement Fund Group 1,339
S87 911-405 Education Technology 1,342
Trust Fund $ 0 $ 13,764,540 1,344
TOTAL TSF Tobacco Master 1,345
Settlement Agreement Fund 1,346
Group $ 0 $ 13,764,540 1,349
TOTAL ALL BUDGET FUND GROUPS $ 0 $ 13,764,540 1,352
Education Technology Trust Fund 1,355
The Controlling Board may transfer to any appropriate state 1,357
agency portions of appropriation item 911-405, Education 1,358
Technology Trust Fund, upon receipt of an approved plan submitted 1,359
by the Director of Budget and Management.
DOH DEPARTMENT OF HEALTH 1,361
Tobacco Master Settlement Agreement Fund Group 1,363
H87 440-502 Tobacco Use 1,366
Prevention and
Control Foundation $ 0 $ 234,855,223 1,368
34
L87 440-403 Ohio's Public Health 1,370
Priorities Trust Fund $ 0 $ 10,010,574 1,372
TOTAL TSF Tobacco Master
Settlement Agreement Fund 1,373
Group $ 0 $ 244,865,797 1,376
TOTAL ALL BUDGET FUND GROUPS $ 0 $ 244,865,797 1,379
Tobacco Use Prevention and Control Foundation 1,382
The foregoing appropriation item 440-502, Tobacco Use 1,384
Prevention and Control Foundation, shall be used in accordance 1,385
with sections 183.02 to 183.09 of the Revised Code. The Director 1,386
of Health shall disburse moneys appropriated in this 1,387
appropriation item to the Tobacco Use Prevention and Control
Endowment Fund created by section 183.08 of the Revised Code to 1,388
be used by the Tobacco Use Prevention and Control Foundation to 1,389
carry out its duties.
Ohio's Public Health Priorities Trust Fund 1,391
The foregoing appropriation item 440-403, Ohio's Public 1,393
Health Priorities Trust Fund, shall be used by the Director of 1,394
Health for any of the purposes authorized by section 183.18 of 1,395
the Revised Code. Prior to disbursing the appropriations in this 1,396
appropriation item, the Director of Health shall consult with the 1,397
Director of Rehabilitation and Correction, the Director of 1,398
Alcohol and Drug Addiction Services, the Attorney General, and 1,399
the Executive Director of the Commission on Minority Health.
Within the limits set forth in this act, the Director of 1,401
Budget and Management shall establish accounts indicating the 1,402
source and amount of funds for each appropriation made in this 1,403
section, and shall determine the form and manner in which 1,404
appropriation accounts shall be maintained. Expenditures from
appropriations contained in this section shall be accounted for 1,405
as though made in Am. Sub. H.B. 283 of the 123rd General 1,406
Assembly.
The appropriations made in this section are subject to all 1,408
provisions of Am. Sub. H.B. 283 of the 123rd General Assembly 1,409
35
that are generally applicable to such appropriations. 1,410
Section 4. All items in this section are hereby 1,412
appropriated as designated out of any moneys in the state 1,413
treasury to the credit of the Tobacco Master Settlement Agreement 1,414
Fund Group. For all appropriations made in this section, those 1,415
in the first column are for fiscal year 2000 and those in the
second column are for fiscal year 2001. The appropriations made 1,416
in this section are in addition to any other appropriations made 1,417
for the 1999-2001 biennium.
BOR BOARD OF REGENTS 1,419
Tobacco Master Settlement Agreement Fund Group 1,421
M87 235-405 Biomedical Research 1,424
and Technology
Transfer Commission $ 0 $ 5,005,288 1,426
TOTAL TSF Tobacco Master 1,427
Settlement Agreement Fund 1,428
Group $ 0 $ 5,005,288 1,431
TOTAL ALL BUDGET FUND GROUPS $ 0 $ 5,005,288 1,434
Within the limits set forth in this act, the Director of 1,437
Budget and Management shall establish accounts indicating the 1,438
source and amount of funds for each appropriation made in this 1,439
section, and shall determine the form and manner in which 1,440
appropriation accounts shall be maintained. Expenditures from
appropriations contained in this section shall be accounted for 1,441
as though made in Am. Sub. H.B. 282 of the 123rd General 1,442
Assembly.
The appropriations made in this section are subject to all 1,444
provisions of Am. Sub. H.B. 282 of the 123rd General Assembly 1,445
that are generally applicable to such appropriations. 1,446
Section 5. All items set forth in this section are hereby 1,448
appropriated out of any moneys in the state treasury to the 1,449
credit of the Law Enforcement Improvements Trust Fund (Fund J87) 1,450
that are not otherwise appropriated.
AGO ATTORNEY GENERAL 1,452
36
CAP-716 Lab and Training Facility Improvements $ 2,000,000 1,456
Total Attorney General $ 2,000,000 1,458
TOTAL Law Enforcement Improvements Trust Fund $ 2,000,000 1,460
Section 6. All items set forth in this section are hereby 1,463
appropriated out of any moneys in the state treasury to the 1,464
credit of the Education Facilities Trust Fund (Fund N87) that are 1,465
not otherwise appropriated.
SFC SCHOOL FACILITIES COMMISSION 1,467
CAP-780 Classroom Facilities Assistance 1,470
Program $ 262,001,238 1,471
Total School Facilities Commission $ 262,001,238 1,473
TOTAL Education Facilities Trust Fund $ 262,001,238 1,475
Section 7. Sections 5 and 6 of this act shall remain in 1,478
full force and effect commencing on July 1, 2000, and terminating 1,479
on June 30, 2002, for the purpose of drawing money from the state 1,480
treasury in payment of liabilities lawfully incurred thereunder, 1,481
and on June 30, 2002, and not before, the moneys appropriated 1,482
thereby shall lapse into the funds from which they are severally
appropriated. 1,483
Section 8. The Tobacco Master Settlement Agreement Fund 1,485
created by section 183.02 of the Revised Code is the same as Fund 1,486
087, the Tobacco Master Settlement Agreement Fund created by the 1,487
Controlling Board in March 1999. 1,488
Section 9. The Governor, President and Minority Leader of 1,490
the Senate, and Speaker and Minority Leader of the House of 1,491
Representatives shall make their initial appointments to the 1,492
board of trustees of the Tobacco Use Prevention and Control 1,493
Foundation within 90 days after the effective date of this 1,494
section. Notwithstanding section 183.04 of the Revised Code: 1,495
(A) The Governor shall appoint one member under division 1,497
(A) of that section to an initial term ending one year after the 1,498
effective date of this section, one to an initial term ending 1,499
three years after the effective date of this section, and one to 1,500
an initial term ending five years after the effective date of 1,501
37
this section; the President shall appoint one member to an 1,502
initial term ending three years after the effective date of this 1,503
section and one to an initial term ending five years after the 1,504
effective date of this section; the Minority Leader of the Senate 1,505
shall appoint one member to an initial term ending four years 1,506
after the effective date of this section; the Speaker shall 1,507
appoint one member to an initial term ending two years after the 1,508
effective date of this section and one to an initial term ending 1,509
four years after the effective date of this section; and the 1,510
Minority Leader of the House of Representatives shall appoint one 1,511
member to an initial term ending three years after the effective 1,512
date of this section. 1,513
(B) The Governor shall appoint one member under division 1,515
(B) of that section to an initial term ending two years after the 1,516
effective date of this section and the other member to an initial 1,517
term ending four years after the effective date of this section. 1,518
(C) The Governor shall appoint the five members under 1,520
divisions (C) to (G) of that section to initial terms of office 1,521
ending one, two, three, four, and five years after the effective 1,522
date of this section. 1,523
(D) The Governor shall appoint the member under division 1,525
(H) of that section to an initial term ending five years after 1,526
the effective date of this section.
(E) Thereafter, terms of office shall be for five years as 1,528
provided in section 183.04 of the Revised Code. 1,529
Section 10. The Governor, President and Minority Leader of 1,531
the Senate, and Speaker and Minority Leader of the House of 1,532
Representatives shall make their initial appointments to the 1,533
board of trustees of the Southern Ohio Agricultural and Community 1,534
Development Foundation within 90 days after the effective date of 1,535
this section. Notwithstanding section 183.12 of the Revised 1,536
Code:
(A) The Governor shall appoint one member under divisions 1,538
(B) and (C) of that section to an initial term ending one year 1,539
38
after the effective date of this section, one to an initial term 1,540
ending two years after the effective date of this section, one to 1,541
an initial term ending three years after the effective date of 1,542
this section, one to an initial term ending four years after the 1,543
effective date of this section, and one to an initial term ending 1,544
five years after the effective date of this section. 1,545
(B) Thereafter, terms of office of these members shall be 1,547
for five years as provided in section 183.12 of the Revised Code. 1,548
Section 11. The Governor, President and Minority Leader of 1,550
the Senate, and Speaker and Minority Leader of the House of 1,551
Representatives shall make their initial appointments to the 1,552
Biomedical Research and Technology Transfer Commission within 90 1,553
days after the effective date of this section. Notwithstanding 1,554
section 183.20 of the Revised Code: 1,555
(A) The Governor shall appoint one member under division 1,557
(B)(1) of that section to an initial term ending one year after 1,558
the effective date of this section, one to an initial term ending 1,559
two years after the effective date of this section, one to an 1,560
initial term ending three years after the effective date of this 1,561
section, one to an initial term ending four years after the 1,562
effective date of this section, and one to an initial term ending 1,563
five years after the effective date of this section. 1,564
(B) The Speaker of the House of Representatives shall 1,566
appoint one member under division (B)(2) of that section to an 1,567
initial term ending one year after the effective date of this 1,568
section and one member to an initial term ending five years after 1,569
the effective date of this section. 1,570
(C) The Minority Leader of the House of Representatives 1,572
shall appoint one member under division (B)(3) of that section to 1,574
an initial term ending four years after the effective date of 1,575
this section.
(D) The President of the Senate shall appoint one member 1,577
of the Commission under division (B)(4) of that section to an 1,578
initial term ending one year after the effective date of this 1,579
39
section and the other member to an initial term ending four years 1,580
after the effective date of this section. 1,581
(E) The Minority Leader of the Senate shall appoint one 1,583
member under division (B)(5) of that section to an initial term 1,584
ending three years after the effective date of this section. 1,585
(F) Thereafter, terms of office shall be for five years as 1,587
provided in section 183.20 of the Revised Code. 1,588