As Passed by the Senate 1
123rd General Assembly 4
Regular Session Am. Sub. S. B. No. 192 5
1999-2000 6
SENATORS RAY(By Request)-DRAKE-FINAN 8
_________________________________________________________________ 10
A B I L L
To amend sections 102.02 and 107.031 and to enact 12
sections 183.01 to 183.31 of the Revised Code to 13
provide for the distribution of money received by 14
the state pursuant to the Tobacco Master
Settlement Agreement and to make an 15
appropriation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 17
Section 1. That sections 102.02 and 107.031 be amended and 19
sections 183.01, 183.02, 183.03, 183.04, 183.05, 183.06, 183.07, 20
183.08, 183.09, 183.10, 183.11, 183.12, 183.13, 183.14, 183.15, 21
183.16, 183.17, 183.18, 183.19, 183.20, 183.21, 183.22, 183.23, 22
183.24, 183.25, 183.26, 183.27, 183.28, 183.29, 183.30, and 23
183.31 of the Revised Code be enacted to read as follows: 24
Sec. 102.02. (A) Except as otherwise provided in division 33
(H) of this section, every person who is elected to or is a 34
candidate for a state, county, or city office, or the office of 35
member of the United States congress, and every person who is 36
appointed to fill a vacancy for an unexpired term in such an 37
elective office; all members of the state board of education; the 39
director, assistant directors, deputy directors, division chiefs, 40
or persons of equivalent rank of any administrative department of 41
the state; the president or other chief administrative officer of 42
every state institution of higher education as defined in section 43
3345.011 of the Revised Code; the chief executive officer of each 44
state retirement system; all members of the board of 45
commissioners on grievances and discipline of the supreme court 46
2
and the ethics commission created under section 102.05 of the 47
Revised Code; every business manager, treasurer, or 48
superintendent of a city, local, exempted village, joint 49
vocational, or cooperative education school district or an 50
educational service center; every person who is elected to or is 51
a candidate for the office of member of a board of education of a 52
city, local, exempted village, joint vocational, or cooperative 53
education school district or of a governing board of an 54
educational service center that has a total student count of 55
twelve thousand or more as most recently determined by the 56
department of education pursuant to section 3317.03 of the 58
Revised Code; every person who is appointed to the board of
education of a municipal school district pursuant to division (B) 59
or (F) of section 3311.71 of the Revised Code; all members of the 60
board of directors of a sanitary district established under 61
Chapter 6115. of the Revised Code and organized wholly for the 62
purpose of providing a water supply for domestic, municipal, and 64
public use that includes two municipal corporations in two 65
counties; every public official or employee who is paid a salary 67
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 68
THE BOARD OF TRUSTEES AND THE EXECUTIVE DIRECTOR OF THE TOBACCO 69
USE PREVENTION AND CONTROL FOUNDATION; MEMBERS OF THE BOARD OF 70
TRUSTEES AND THE EXECUTIVE DIRECTOR OF THE SOUTHERN OHIO 71
AGRICULTURAL AND COMMUNITY DEVELOPMENT FOUNDATION; MEMBERS AND 72
THE EXECUTIVE DIRECTOR OF THE BIOMEDICAL RESEARCH AND TECHNOLOGY 73
TRANSFER COMMISSION; and every other public official or employee 74
who is designated by the appropriate ethics commission pursuant 75
to division (B) of this section shall file with the appropriate 76
ethics commission on a form prescribed by the commission, a 77
statement disclosing all of 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
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business; 84
(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
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(b) If the person filing the statement is a member of the 122
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
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services, would reveal details of the subject matter for which 159
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
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person's residence and property used primarily for personal 198
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
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dollars, or of each gift of over twenty-five dollars received by 242
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
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subdivision pays membership dues, that are incurred in connection 282
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
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employment. No person shall be required to file with the 327
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 EXCEPT FOR DISCLOSURE STATEMENTS FILED BY 360
MEMBERS OF THE BOARD OF TRUSTEES AND THE EXECUTIVE DIRECTOR OF 361
THE TOBACCO USE PREVENTION AND CONTROL FOUNDATION, MEMBERS OF THE
BOARD OF TRUSTEES AND THE EXECUTIVE DIRECTOR OF THE SOUTHERN OHIO 362
AGRICULTURAL AND COMMUNITY DEVELOPMENT FOUNDATION, AND MEMBERS 363
AND THE EXECUTIVE DIRECTOR OF THE BIOMEDICAL RESEARCH AND 364
TECHNOLOGY TRANSFER COMMISSION, DISCLOSURE statements filed under 366
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this division with the Ohio ethics commission by members of 367
boards, commissions, or bureaus of the state for which no 368
compensation is received other than reasonable and necessary 369
expenses shall be kept confidential. Disclosure statements filed 370
with the Ohio ethics commission under division (A) of this 371
section by business managers, treasurers, and superintendents of 372
city, local, exempted village, joint vocational, or cooperative 374
education school districts or educational service centers shall
be kept confidential, except that any person conducting an audit 375
of any such school district pursuant to section 115.56 or Chapter 376
117. of the Revised Code may examine the disclosure statement of 377
any business manager, treasurer, or superintendent of that school 378
district or educational service center. The Ohio ethics 379
commission shall examine each disclosure statement required to be 380
kept confidential to determine whether a potential conflict of 381
interest exists for the person who filed the disclosure 382
statement. A potential conflict of interest exists if the 383
private interests of the person, as indicated by the person's 384
disclosure statement, might interfere with the public interests 386
the person is required to serve in the exercise of the person's 387
authority and duties in the person's office or position of 388
employment. If the commission determines that a potential 389
conflict of interest exists, it shall notify the person who filed 390
the disclosure statement and shall make the portions of the 391
disclosure statement that indicate a potential conflict of 392
interest subject to public inspection in the same manner as is 393
provided for other disclosure statements. Any portion of the 394
disclosure statement that the commission determines does not 395
indicate a potential conflict of interest shall be kept 396
confidential by the commission and shall not be made subject to 397
public inspection, except as is necessary for the enforcement of 398
Chapters 102. and 2921. of the Revised Code and except as 399
otherwise provided in this division. 400
(C) No person shall knowingly fail to file, on or before 402
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the applicable filing deadline established under this section, a 403
statement that is required by this section. 404
(D) No person shall knowingly file a false statement that 406
is required to be filed under this section. 407
(E)(1) Except as provided in divisions (E)(2) and (3) of 409
this section, on and after March 2, 1994, the statement required 410
by division (A) or (B) of this section shall be accompanied by a 412
filing fee of twenty-five dollars. 413
(2) The statement required by division (A) of this section 415
shall be accompanied by a filing fee to be paid by the person who 416
is elected or appointed to or is a candidate for any of the 417
following offices: 418
For state office, except member of 420
state board of education $50 421
For office of member of United States 422
congress or member of general assembly $25 423
For county office $25 424
For city office $10 425
For office of member of state board 426
of education $10 427
For office of member of city, local, 428
exempted village, or cooperative 429
education board of 430
education or educational service 431
center governing board $ 5 432
For position of business manager, 433
treasurer, or superintendent of 434
city, local, exempted village, joint 435
vocational, or cooperative education 436
school district or 437
educational service center $ 5 438
(3) No judge of a court of record or candidate for judge 440
of such a court, and no referee or magistrate serving a court of 441
record, shall be required to pay the fee required under division 442
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(E)(1) or (2) or (F) of this section. 443
(4) For any public official who is appointed to a 445
nonelective office of the state and for any employee who holds a 446
nonelective position in a public agency of the state, the state 447
agency that is the primary employer of the state official or 448
employee shall pay the fee required under division (E)(1) or (F) 449
of this section. 450
(F) If a statement required to be filed under this section 452
is not filed by the date on which it is required to be filed, the 453
appropriate ethics commission shall assess the person required to 454
file the statement a late filing fee equal to one-half of the 455
applicable filing fee for each day the statement is not filed, 456
except that the total amount of the late filing fee shall not 457
exceed one hundred dollars. 458
(G)(1) The appropriate ethics commission other than the 460
Ohio ethics commission shall deposit all fees it receives under 461
divisions (E) and (F) of this section into the general revenue 462
fund of the state. 463
(2) The Ohio ethics commission shall deposit all receipts, 465
including, but not limited to, fees it receives under divisions 467
(E) and (F) of this section and all moneys it receives from 468
settlements under division (G) of section 102.06 of the Revised 469
Code, into the Ohio ethics commission fund, which is hereby 470
created in the state treasury. All moneys credited to the fund 471
shall be used solely for expenses related to the operation and 472
statutory functions of the commission.
(H) Division (A) of this section does not apply to a 474
person elected or appointed to the office of precinct, ward, or 475
district committee member under Chapter 3517. of the Revised 476
Code; a presidential elector; a delegate to a national 477
convention; village or township officials and employees; any 478
physician or psychiatrist who is paid a salary or wage in 479
accordance with schedule C of section 124.15 or schedule E-2 of 480
section 124.152 of the Revised Code and whose primary duties do 481
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not require the exercise of administrative discretion; or any 482
member of a board, commission, or bureau of any county or city 483
who receives less than one thousand dollars per year for serving 484
in that position. 485
Sec. 107.031. Until the first committee appointed under 494
division (C) of section 3317.012 of the Revised Code to reexamine 496
the cost of an adequate education makes its report to the office 498
of budget and management and the general assembly, the governor 499
shall ensure that among the various budget recommendations made 500
by the governor and the director of budget and management to the 501
general assembly each biennium there are recommendations for
appropriations to the Ohio school facilities commission, 502
aggregating not less than three hundred million dollars per 503
fiscal year, EXCLUDING RECOMMENDATIONS FOR APPROPRIATIONS FROM 504
THE EDUCATION FACILITIES TRUST FUND, CREATED IN SECTION 183.26 OF 505
THE REVISED CODE, for constructing, acquiring, replacing, 506
reconstructing, or adding to classroom facilities, as such term 507
is defined in section 3318.01 of the Revised Code.
Sec. 183.01. AS USED IN THIS CHAPTER: 509
(A) "TOBACCO MASTER SETTLEMENT AGREEMENT" MEANS THE 511
SETTLEMENT AGREEMENT (AND RELATED DOCUMENTS) ENTERED INTO ON 512
NOVEMBER 23, 1998 BY THE STATE AND LEADING UNITED STATES TOBACCO 513
PRODUCT MANUFACTURERS. 514
(B) "NET AMOUNTS CREDITED TO THE TOBACCO MASTER SETTLEMENT 516
AGREEMENT FUND" MEANS ALL AMOUNTS CREDITED TO THE TOBACCO MASTER 517
SETTLEMENT AGREEMENT FUND DURING THE YEAR, MINUS ALL AMOUNTS 518
REQUIRED TO BE TRANSFERRED UNDER SECTION 183.02 OF THE REVISED 520
CODE TO THE TOBACCO USE PREVENTION AND CESSATION TRUST FUND, THE
LAW ENFORCEMENT IMPROVEMENTS TRUST FUND, AND THE SOUTHERN OHIO 522
AGRICULTURAL AND COMMUNITY DEVELOPMENT TRUST FUND DURING THE 523
YEAR.
Sec. 183.02. ALL PAYMENTS RECEIVED BY THE STATE PURSUANT 525
TO THE TOBACCO MASTER SETTLEMENT AGREEMENT SHALL BE DEPOSITED 526
INTO THE STATE TREASURY TO THE CREDIT OF THE TOBACCO MASTER 527
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SETTLEMENT AGREEMENT FUND, WHICH IS HEREBY CREATED. ALL 528
INVESTMENT EARNINGS OF THE FUND SHALL ALSO BE CREDITED TO THE 529
FUND. EXCEPT AS PROVIDED IN DIVISION (I) OF THIS SECTION, 530
PAYMENTS AND INTEREST CREDITED TO THE FUND SHALL BE TRANSFERRED
BY THE DIRECTOR OF BUDGET AND MANAGEMENT AS FOLLOWS: 532
(A) OF THE PAYMENTS CREDITED TO THE TOBACCO MASTER 534
SETTLEMENT AGREEMENT FUND IN 2000 AND THE AMOUNTS CREDITED TO THE 535
FUND ANNUALLY FROM 2001 TO 2006 AND IN 2012, THE FOLLOWING 537
AMOUNTS SHALL BE TRANSFERRED TO THE TOBACCO USE PREVENTION AND 538
CESSATION TRUST FUND, CREATED IN SECTION 183.03 OF THE REVISED 539
CODE:
YEAR AMOUNT 541
2000 (FIRST PAYMENT CREDITED) $104,855,222.85 542
2000 (SECOND PAYMENT CREDITED) 130,000,000.00 543
2001 135,000,000.00 544
2002 140,000,000.00 545
2003 150,000,000.00 546
2004 150,000,000.00 547
2005 150,000,000.00 548
2006 150,000,000.00 549
2012 150,000,000.00 550
(B) OF THE PAYMENTS CREDITED TO THE TOBACCO MASTER 553
SETTLEMENT AGREEMENT FUND IN 2000 AND THE AMOUNTS CREDITED TO THE 554
FUND IN 2001, THE FOLLOWING AMOUNTS SHALL BE TRANSFERRED TO THE 556
LAW ENFORCEMENT IMPROVEMENTS TRUST FUND, CREATED IN SECTION 557
183.10 OF THE REVISED CODE:
YEAR AMOUNT 560
2000 (FIRST PAYMENT CREDITED) $10,000,000 561
2000 (SECOND PAYMENT CREDITED) 10,000,000 562
2001 5,000,000 563
(C) FIVE PER CENT OF THE PAYMENTS CREDITED TO THE TOBACCO 566
MASTER SETTLEMENT AGREEMENT FUND ANNUALLY FROM 2000 TO 2011 SHALL 567
BE TRANSFERRED TO THE SOUTHERN OHIO AGRICULTURAL AND COMMUNITY 568
DEVELOPMENT TRUST FUND, CREATED IN SECTION 183.11 OF THE REVISED 569
15
CODE. 570
(D) THE FOLLOWING PERCENTAGES OF THE NET AMOUNTS CREDITED 572
TO THE TOBACCO MASTER SETTLEMENT AGREEMENT FUND ANNUALLY SHALL BE 573
TRANSFERRED TO OHIO'S PUBLIC HEALTH PRIORITIES TRUST FUND, 574
CREATED IN SECTION 183.18 OF THE REVISED CODE: 575
YEAR PERCENTAGE 577
2000 6.00 578
2001 7.50 579
2002 6.00 580
2003 6.50 581
2004 9.50 582
2005 10.00 583
2006 10.50 584
2007 6.00 585
2008 6.00 586
2009 6.25 587
2010 6.50 588
2011 6.75 589
2012 12.00 590
(E) THE FOLLOWING PERCENTAGES OF THE NET AMOUNTS CREDITED 593
TO THE TOBACCO MASTER SETTLEMENT AGREEMENT FUND ANNUALLY SHALL BE 594
TRANSFERRED TO THE BIOMEDICAL RESEARCH AND TECHNOLOGY TRANSFER 595
TRUST FUND, CREATED IN SECTION 183.19 OF THE REVISED CODE: 597
YEAR PERCENTAGE 599
2000 3.00 600
2001 15.75 601
2002 11.75 602
2003 12.00 603
2004 16.75 604
2005 17.50 605
2006 18.00 606
2007 15.00 607
2008 13.75 608
2009 13.75 609
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2010 13.75 610
2011 13.75 611
2012 21.50 612
(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 183.26 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 183.27 OF THE 640
REVISED CODE. 641
(H) THE FOLLOWING PERCENTAGES OF THE NET AMOUNTS CREDITED 643
TO THE TOBACCO MASTER SETTLEMENT AGREEMENT FUND ANNUALLY SHALL BE 644
TRANSFERRED TO THE EDUCATION TECHNOLOGY TRUST FUND, CREATED IN 645
SECTION 183.28 OF THE REVISED CODE: 646
YEAR PERCENTAGE 648
2000 8.25 649
2001 6.75 650
17
2002 8.25 651
2003 7.75 652
2004 4.75 653
2005 4.25 654
2006 3.75 655
2007 4.00 656
2008 5.50 657
2009 5.25 658
2010 5.00 659
2011 4.75 660
2012 16.90 661
(I) IF IN ANY YEAR FROM 2001 TO 2012 THE PAYMENTS AND 664
INTEREST CREDITED TO THE TOBACCO MASTER SETTLEMENT AGREEMENT FUND 665
DURING THE YEAR AMOUNT TO LESS THAN THE AMOUNTS REQUIRED TO BE 666
TRANSFERRED TO THE TOBACCO USE PREVENTION AND CESSATION TRUST 667
FUND AND THE SOUTHERN OHIO AGRICULTURAL AND COMMUNITY DEVELOPMENT 668
TRUST FUND THAT YEAR, THE DIRECTOR OF BUDGET AND MANAGEMENT SHALL 669
MAKE NONE OF THE TRANSFERS REQUIRED BY DIVISIONS (A) TO (H) OF 671
THIS SECTION.
(J) IF IN ANY YEAR FROM 2000 TO 2012 THE PAYMENTS CREDITED 673
TO THE TOBACCO MASTER SETTLEMENT AGREEMENT FUND DURING THE YEAR 674
EXCEED THE FOLLOWING AMOUNTS, THE DIRECTOR OF BUDGET AND 675
MANAGEMENT SHALL CREDIT THE EXCESS TO THE INCOME TAX REDUCTION 676
FUND, CREATED IN SECTION 131.44 OF THE REVISED CODE: 677
YEAR AMOUNT 680
2000 $443,892,767.51 681
2001 348,780,049.22 682
2002 418,783,038.09 683
2003 422,746,366.61 684
2005 352,827,184.57 685
2006 352,827,184.57 686
2007 352,827,184.57 687
2008 383,779,323.15 688
2009 383,779,323.15 689
18
2010 383,779,323.15 690
2011 383,779,323.15 691
2012 383,779,323.15 692
Sec. 183.03. THE TOBACCO USE PREVENTION AND CESSATION 695
TRUST FUND IS HEREBY CREATED IN THE STATE TREASURY. MONEY 696
CREDITED TO THE FUND SHALL BE USED AS PROVIDED IN SECTIONS 183.04 697
TO 183.10 OF THE REVISED CODE. ALL INVESTMENT EARNINGS OF THE 699
FUND SHALL BE CREDITED TO THE FUND. 700
Sec. 183.04. THERE IS HEREBY CREATED THE TOBACCO USE 702
PREVENTION AND CONTROL FOUNDATION, THE GENERAL MANAGEMENT OF 703
WHICH IS VESTED IN A BOARD OF TRUSTEES OF TWENTY MEMBERS AS 704
FOLLOWS:
(A) NINE MEMBERS WHO ARE HEALTH PROFESSIONALS, HEALTH 706
RESEARCHERS, OR REPRESENTATIVES OF HEALTH ORGANIZATIONS. THREE 707
OF THESE MEMBERS SHALL BE APPOINTED BY THE GOVERNOR, TWO BY THE 708
SPEAKER OF THE HOUSE OF REPRESENTATIVES, ONE BY THE MINORITY 709
LEADER OF THE HOUSE OF REPRESENTATIVES, TWO BY THE PRESIDENT OF 710
THE SENATE, AND ONE BY THE MINORITY LEADER OF THE SENATE. 712
(B) TWO MEMBERS, ONE OF WHOM HAS EXPERIENCE IN FINANCIAL 714
PLANNING AND ACCOUNTING AND ONE OF WHOM HAS EXPERIENCE IN MEDIA 715
AND MASS MARKETING, WHO SHALL BE APPOINTED BY THE GOVERNOR; 716
(C) ONE MEMBER, WHO SHALL BE APPOINTED BY THE GOVERNOR 718
FROM A LIST OF AT LEAST THREE INDIVIDUALS RECOMMENDED BY THE 719
AMERICAN CANCER SOCIETY; 720
(D) ONE MEMBER, WHO SHALL BE APPOINTED BY THE GOVERNOR 722
FROM A LIST OF AT LEAST THREE INDIVIDUALS RECOMMENDED BY THE 723
AMERICAN HEART ASSOCIATION; 724
(E) ONE MEMBER, WHO SHALL BE APPOINTED BY THE GOVERNOR 726
FROM A LIST OF AT LEAST THREE INDIVIDUALS RECOMMENDED BY THE 727
AMERICAN LUNG ASSOCIATION; 728
(F) ONE MEMBER, WHO SHALL BE APPOINTED BY THE GOVERNOR 730
FROM A LIST OF AT LEAST THREE INDIVIDUALS RECOMMENDED BY THE 731
ASSOCIATION OF HOSPITALS AND HEALTH SYSTEMS; 732
(G) ONE MEMBER, WHO SHALL BE APPOINTED BY THE GOVERNOR 734
19
FROM A LIST OF AT LEAST THREE INDIVIDUALS RECOMMENDED BY THE OHIO 735
STATE MEDICAL ASSOCIATION; 737
(H) ONE MEMBER, WHO SHALL BE APPOINTED BY THE GOVERNOR 739
FROM A LIST OF AT LEAST THREE INDIVIDUALS RECOMMENDED BY THE 740
ASSOCIATION OF OHIO HEALTH COMMISSIONERS; 741
(I) THE DIRECTOR OF HEALTH, EXECUTIVE DIRECTOR OF THE 743
COMMISSION ON MINORITY HEALTH, AND ATTORNEY GENERAL, WHO SHALL 744
SERVE AS EX OFFICIO MEMBERS. 745
THE APPOINTMENTS OF THE GOVERNOR SHALL BE WITH THE ADVICE 747
AND CONSENT OF THE SENATE. 748
TERMS OF OFFICE FOR THE MEMBERS APPOINTED BY THE GOVERNOR, 750
PRESIDENT, AND SPEAKER SHALL BE FOR FIVE YEARS. EACH MEMBER 751
SHALL HOLD OFFICE FROM THE DATE OF APPOINTMENT UNTIL THE END OF 752
THE TERM FOR WHICH THE MEMBER WAS APPOINTED. ANY MEMBER 753
APPOINTED TO FILL A VACANCY OCCURRING PRIOR TO THE EXPIRATION OF 754
THE TERM FOR WHICH THE MEMBER'S PREDECESSOR WAS APPOINTED SHALL 755
HOLD OFFICE FOR THE REMAINDER OF THAT TERM. ANY MEMBER SHALL 756
CONTINUE IN OFFICE SUBSEQUENT TO THE EXPIRATION DATE OF THE 757
MEMBER'S TERM UNTIL THE MEMBER'S SUCCESSOR TAKES OFFICE, OR UNTIL 758
A PERIOD OF SIXTY DAYS HAS ELAPSED, WHICHEVER OCCURS FIRST. A 759
VACANCY IN AN UNEXPIRED TERM SHALL BE FILLED IN THE SAME MANNER 760
AS THE ORIGINAL APPOINTMENT. THE GOVERNOR MAY REMOVE ANY MEMBER 761
FOR MALFEASANCE, MISFEASANCE, OR NONFEASANCE AFTER A HEARING IN 762
ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE. 764
THE MEMBERS OF THE BOARD SHALL SERVE WITHOUT COMPENSATION 766
BUT SHALL RECEIVE THEIR REASONABLE AND NECESSARY EXPENSES 767
INCURRED IN THE CONDUCT OF FOUNDATION BUSINESS. 768
SECTION 101.84 OF THE REVISED CODE DOES NOT APPLY TO THE 770
FOUNDATION. 771
Sec. 183.05. THE BOARD OF TRUSTEES OF THE TOBACCO USE 773
PREVENTION AND CONTROL FOUNDATION SHALL SELECT A CHAIRPERSON FROM 774
AMONG ITS MEMBERS AND SHALL MEET ONCE DURING EACH QUARTER OR AT 775
SUCH OTHER TIMES AS THE BOARD DECIDES. A MAJORITY OF THE MEMBERS 776
OF THE BOARD CONSTITUTES A QUORUM, AND NO ACTION SHALL BE TAKEN 777
20
WITHOUT THE AFFIRMATIVE VOTE OF A MAJORITY OF THE MEMBERS. 778
Sec. 183.06. THE BOARD OF TRUSTEES OF THE TOBACCO USE 780
PREVENTION AND CONTROL FOUNDATION SHALL APPOINT AND SET THE 781
COMPENSATION OF AN EXECUTIVE DIRECTOR AND OTHER EMPLOYEES NEEDED 782
TO CARRY OUT THE DUTIES OF THE FOUNDATION. BEFORE ENTERING UPON 783
THE DISCHARGE OF THE DUTIES OF OFFICE, THE EXECUTIVE DIRECTOR 784
SHALL GIVE A BOND TO THE STATE, TO BE APPROVED BY THE GOVERNOR, 785
CONDITIONED FOR THE FAITHFUL PERFORMANCE OF THE DUTIES OF OFFICE. 786
THE EXECUTIVE DIRECTOR AND THE OTHER EMPLOYEES OF THE FOUNDATION 787
ARE STATE EMPLOYEES AND SERVE IN THE UNCLASSIFIED SERVICE. 788
Sec. 183.07. THE TOBACCO USE PREVENTION AND CONTROL 790
FOUNDATION SHALL PREPARE A PLAN TO REDUCE TOBACCO USE BY OHIOANS, 791
WITH EMPHASIS ON REDUCING THE USE OF TOBACCO BY YOUTH, MINORITY 792
AND REGIONAL POPULATIONS, PREGNANT WOMEN, AND OTHERS WHO MAY BE 793
DISPROPORTIONATELY AFFECTED BY THE USE OF TOBACCO. THE PLAN 794
SHALL COVER A PERIOD OF AT LEAST FIVE YEARS AND BE UPDATED 795
ANNUALLY. AT A MINIMUM, THE PLAN SHALL CONTAIN BASELINE DATA FOR 796
TOBACCO USE BY OHIOANS AND ESTABLISH OUTCOME OBJECTIVES FOR 797
REDUCING TOBACCO USE BY OHIOANS DURING THE PERIOD COVERED BY THE 798
PLAN. COPIES OF THE PLAN SHALL BE AVAILABLE TO THE PUBLIC. 799
THE PLAN SHALL ALSO SPECIFICALLY DESCRIBE THE TYPES OF 801
YOUTH SMOKING PREVENTION PROGRAMS TO BE ELIGIBLE FOR 802
CONSIDERATION FOR GRANTS FROM THE FOUNDATION AND SHALL SET FORTH 803
THE CRITERIA BY WHICH APPLICATIONS FOR GRANTS FOR SUCH PROGRAMS 804
WILL BE CONSIDERED BY THE FOUNDATION. PROGRAMS ELIGIBLE FOR
CONSIDERATION INCLUDE, BUT ARE NOT LIMITED TO: 805
(A) MEDIA CAMPAIGNS DIRECTED TO YOUTH TO PREVENT UNDERAGE 807
CONSUMPTION OF CIGARETTES; 808
(B) SCHOOL-BASED EDUCATION PROGRAMS TO PREVENT YOUTH 810
SMOKING;
(C) COMMUNITY-BASED YOUTH PROGRAMS INVOLVING YOUTH SMOKING 812
PREVENTION THROUGH GENERAL YOUTH DEVELOPMENT; 813
(D) RETAILER EDUCATION AND COMPLIANCE EFFORTS TO PREVENT 815
YOUTH SMOKING. 816
21
THE PLAN DEVELOPED BY THE FOUNDATION MAY FURTHER PROVIDE 818
FOR A GRANT FOR AN ANNUAL STATEWIDE SCHOOL-BASED SURVEY TO 819
MEASURE CIGARETTE USE AND BEHAVIOR TOWARD CIGARETTE USE BY 820
INDIVIDUALS IN GRADES SIX TO TWELVE AS PROVIDED BY THE CENTER FOR 821
DISEASE CONTROL SURVEY STANDARDS OR OTHER SIMILAR SURVEY
STANDARDS.
PURSUANT TO THE PLAN, THE FOUNDATION SHALL CARRY OUT, OR 823
PROVIDE FUNDING FOR PRIVATE OR PUBLIC AGENCIES TO CARRY OUT, 824
RESEARCH AND PROGRAMS RELATED TO TOBACCO USE PREVENTION AND 825
CESSATION. THE FOUNDATION SHALL ESTABLISH AN OBJECTIVE PROCESS 826
TO DETERMINE WHICH RESEARCH AND PROGRAM PROPOSALS TO FUND. WHEN 827
APPROPRIATE, PROPOSALS FOR RESEARCH SHALL BE PEER-REVIEWED. NO 828
PROGRAM SHALL BE CARRIED OUT OR FUNDED BY THE FOUNDATION UNLESS 829
THERE IS RESEARCH THAT INDICATES THAT THE PROGRAM IS LIKELY TO 830
ACHIEVE THE RESULTS DESIRED. ALL RESEARCH AND PROGRAMS FUNDED BY 831
THE FOUNDATION SHALL BE GOAL-ORIENTED AND INDEPENDENTLY AND 832
OBJECTIVELY EVALUATED ANNUALLY ON WHETHER IT IS MEETING ITS 833
GOALS. THE FOUNDATION SHALL CONTRACT FOR SUCH EVALUATIONS AND 834
FOR THE ANNUAL EVALUATION REQUIRED BY SECTION 183.09 OF THE 835
REVISED CODE AND SHALL ADOPT RULES UNDER CHAPTER 119. OF THE 837
REVISED CODE REGARDING CONFLICTS OF INTEREST IN THE RESEARCH AND 839
PROGRAMS IT FUNDS.
THE FOUNDATION SHALL ENDEAVOR TO COORDINATE ITS RESEARCH 841
AND PROGRAMS WITH THE EFFORTS OF OTHER AGENCIES OF THIS STATE TO 842
REDUCE TOBACCO USE BY OHIOANS. 843
Sec. 183.08. THERE IS HEREBY CREATED THE TOBACCO USE 845
PREVENTION AND CONTROL ENDOWMENT FUND, WHICH SHALL BE IN THE 846
CUSTODY OF THE TREASURER OF STATE BUT SHALL NOT BE A PART OF THE 847
STATE TREASURY. THE ENDOWMENT FUND SHALL CONSIST OF AMOUNTS 848
APPROPRIATED FROM THE TOBACCO USE PREVENTION AND CESSATION TRUST 849
FUND, AS WELL AS GRANTS AND DONATIONS MADE TO THE TOBACCO USE 850
PREVENTION AND CONTROL FOUNDATION AND INVESTMENT EARNINGS OF THE 851
FUND. THE ENDOWMENT FUND SHALL BE USED BY THE FOUNDATION TO 852
CARRY OUT ITS DUTIES. 853
22
NO MONEY FROM THE TOBACCO USE PREVENTION AND CONTROL 855
ENDOWMENT FUND SHALL BE EXPENDED ON POLITICAL ACTIVITY OR 856
LOBBYING, INCLUDING THE SUPPORT OF OR OPPOSITION TO CANDIDATES, 857
BALLOT QUESTIONS, REFERENDUMS, INITIATIVES, OR SIMILAR 858
ACTIVITIES.
THE FOUNDATION SHALL BE SELF-SUSTAINING AND SHOULD NOT 860
EXPECT TO RECEIVE FUNDING FROM THE STATE BEYOND THE AMOUNTS 861
APPROPRIATED TO IT FROM THE TOBACCO USE PREVENTION AND CESSATION 862
TRUST FUND.
Sec. 183.09. THE FISCAL YEAR OF THE TOBACCO USE PREVENTION 864
AND CONTROL FOUNDATION SHALL BE THE SAME AS THE FISCAL YEAR OF 865
THE STATE.
WITHIN NINETY DAYS AFTER THE END OF EACH FISCAL YEAR, THE 867
FOUNDATION SHALL SUBMIT TO THE GOVERNOR AND THE GENERAL ASSEMBLY 868
BOTH OF THE FOLLOWING: 869
(A) A REPORT OF THE ACTIVITIES OF THE FOUNDATION DURING 871
THE PRECEDING FISCAL YEAR AND AN INDEPENDENT AND OBJECTIVE 872
EVALUATION OF THE PROGRESS BEING MADE BY THE FOUNDATION IN 873
REDUCING TOBACCO USE BY OHIOANS; 874
(B) A FINANCIAL REPORT OF THE FOUNDATION FOR THE PRECEDING 876
FISCAL YEAR, WHICH SHALL INCLUDE BOTH: 877
(1) INFORMATION ON THE AMOUNT AND PERCENTAGE OF OVERHEAD 879
AND ADMINISTRATIVE EXPENDITURES COMPARED TO PROGRAMMATIC 880
EXPENDITURES;
(2) AN INDEPENDENT AUDITOR'S REPORT ON THE GENERAL PURPOSE 882
FINANCIAL STATEMENTS OF THE FOUNDATION. SUCH FINANCIAL 883
STATEMENTS SHALL BE PREPARED IN CONFORMITY WITH GENERALLY 884
ACCEPTED ACCOUNTING PRINCIPLES PRESCRIBED FOR GOVERNMENTAL 885
ENTITIES.
Sec. 183.10. THE LAW ENFORCEMENT IMPROVEMENTS TRUST FUND 887
IS HEREBY CREATED IN THE STATE TREASURY. MONEY CREDITED TO THE 888
FUND SHALL BE USED BY THE ATTORNEY GENERAL TO MAINTAIN, UPGRADE, 889
AND MODERNIZE THE LAW ENFORCEMENT TRAINING AND LABORATORY 890
FACILITIES OF THE OFFICE OF THE ATTORNEY GENERAL. ALL INVESTMENT 891
23
EARNINGS OF THE FUND SHALL BE CREDITED TO THE FUND. 892
Sec. 183.11. THE SOUTHERN OHIO AGRICULTURAL AND COMMUNITY 894
DEVELOPMENT TRUST FUND IS HEREBY CREATED IN THE STATE TREASURY. 895
MONEY CREDITED TO THE FUND SHALL BE USED AS PROVIDED IN SECTIONS 896
183.12 TO 183.17 OF THE REVISED CODE. ALL INVESTMENT EARNINGS OF 898
THE FUND SHALL BE CREDITED TO THE FUND. 899
Sec. 183.12. THERE IS HEREBY CREATED THE SOUTHERN OHIO 901
AGRICULTURAL AND COMMUNITY DEVELOPMENT FOUNDATION, THE GENERAL 902
MANAGEMENT OF WHICH IS VESTED IN A BOARD OF TRUSTEES OF FOURTEEN 903
MEMBERS AS FOLLOWS: 904
(A) THE DIRECTOR OF AGRICULTURE, WHO SHALL BE THE 906
CHAIRPERSON OF THE FOUNDATION, DIRECTOR OF DEVELOPMENT, EXECUTIVE 907
DIRECTOR OF THE OHIO RURAL DEVELOPMENT PARTNERSHIP, DIRECTOR OF 908
THE OHIO STATE UNIVERSITY EXTENSION, AND A DESIGNEE OF THE 909
DIRECTOR OF AGRICULTURE, WHO SHALL SERVE AS EX OFFICIO OFFICERS; 910
(B) TWO RESIDENTS OF THE SOUTHERN OHIO REGION WITH 912
EXPERIENCE IN LOCAL AGRICULTURAL ECONOMIC DEVELOPMENT OR 914
COMMUNITY DEVELOPMENT APPOINTED BY THE GOVERNOR; 915
(C) THREE ACTIVE FARMERS FROM SOUTHERN OHIO APPOINTED BY 917
THE GOVERNOR; 919
(D) ONE MEMBER OF THE SENATE APPOINTED BY THE PRESIDENT OF 922
THE SENATE, WHO SHALL BE NONVOTING; 923
(E) ONE MEMBER OF THE SENATE APPOINTED BY THE MINORITY 925
LEADER OF THE SENATE, WHO SHALL BE NONVOTING; 926
(F) ONE MEMBER OF THE HOUSE OF REPRESENTATIVES APPOINTED 929
BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, WHO SHALL BE 931
NONVOTING;
(G) ONE MEMBER OF THE HOUSE OF REPRESENTATIVES APPOINTED 933
BY THE MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES, WHO SHALL 935
BE NONVOTING.
THE APPOINTMENTS OF THE GOVERNOR SHALL BE WITH THE ADVICE 937
AND CONSENT OF THE SENATE. 938
TERMS OF OFFICE FOR THE MEMBERS APPOINTED BY THE GOVERNOR 940
SHALL BE FOR FIVE YEARS. EACH SUCH MEMBER SHALL HOLD OFFICE FROM 941
24
THE DATE OF APPOINTMENT UNTIL THE END OF THE TERM FOR WHICH THE 942
MEMBER WAS APPOINTED. ANY MEMBER APPOINTED BY THE GOVERNOR TO 943
FILL A VACANCY OCCURRING PRIOR TO THE EXPIRATION OF THE TERM FOR 945
WHICH THE MEMBER'S PREDECESSOR WAS APPOINTED SHALL HOLD OFFICE 946
FOR THE REMAINDER OF SUCH TERM. ANY MEMBER APPOINTED BY THE 947
GOVERNOR SHALL CONTINUE IN OFFICE SUBSEQUENT TO THE EXPIRATION 948
DATE OF THE MEMBER'S TERM UNTIL THE MEMBER'S SUCCESSOR TAKES 949
OFFICE, OR UNTIL A PERIOD OF SIXTY DAYS HAS ELAPSED, WHICHEVER 950
OCCURS FIRST. THE GOVERNOR MAY REMOVE ANY MEMBER APPOINTED BY 952
THE GOVERNOR FOR MALFEASANCE, MISFEASANCE, OR NONFEASANCE AFTER A 954
HEARING IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE. 956
A VACANCY ON THE BOARD SHALL BE FILLED IN THE SAME MANNER 959
AS THE ORIGINAL APPOINTMENT. LEGISLATIVE MEMBERS OF THE BOARD
SERVE AT THE PLEASURE OF THE MEMBER'S APPOINTING AUTHORITY. 960
THE MEMBERS OF THE BOARD SHALL SERVE WITHOUT COMPENSATION 962
BUT SHALL RECEIVE THEIR REASONABLE AND NECESSARY EXPENSES 963
INCURRED IN THE CONDUCT OF FOUNDATION BUSINESS. 964
SECTION 101.84 OF THE REVISED CODE DOES NOT APPLY TO THE 966
FOUNDATION. 967
Sec. 183.13. THE BOARD OF TRUSTEES OF THE SOUTHERN OHIO 969
AGRICULTURAL AND COMMUNITY DEVELOPMENT FOUNDATION SHALL MEET ONCE 970
DURING EACH QUARTER OR AT SUCH OTHER TIMES AS THE BOARD DECIDES. 972
A MAJORITY OF THE VOTING MEMBERS OF THE BOARD CONSTITUTES A
QUORUM, AND NO ACTION SHALL BE TAKEN WITHOUT THE AFFIRMATIVE VOTE 974
OF A MAJORITY OF THE VOTING MEMBERS.
Sec. 183.14. THE BOARD OF TRUSTEES OF THE SOUTHERN OHIO 976
AGRICULTURAL AND COMMUNITY DEVELOPMENT FOUNDATION SHALL APPOINT 977
AND SET THE COMPENSATION OF AN EXECUTIVE DIRECTOR AND OTHER 978
EMPLOYEES NEEDED TO CARRY OUT THE DUTIES OF THE FOUNDATION. 979
BEFORE ENTERING UPON THE DISCHARGE OF THE DUTIES OF OFFICE, THE 980
EXECUTIVE DIRECTOR SHALL GIVE A BOND TO THE STATE, TO BE APPROVED 981
BY THE GOVERNOR, CONDITIONED FOR THE FAITHFUL PERFORMANCE OF THE 982
DUTIES OF OFFICE. THE EXECUTIVE DIRECTOR AND THE OTHER EMPLOYEES 983
OF THE FOUNDATION ARE STATE EMPLOYEES AND SERVE IN THE 984
25
UNCLASSIFIED SERVICE. 985
Sec. 183.15. THE SOUTHERN OHIO AGRICULTURAL AND COMMUNITY 987
DEVELOPMENT FOUNDATION SHALL ENDEAVOR TO REPLACE THE PRODUCTION 988
OF TOBACCO IN SOUTHERN OHIO WITH THE PRODUCTION OF OTHER 989
AGRICULTURAL PRODUCTS AND TO MITIGATE THE ADVERSE ECONOMIC IMPACT 990
OF REDUCED TOBACCO PRODUCTION IN THE REGION BY PREPARING, 992
IMPLEMENTING, AND KEEPING CURRENT A PLAN TO DO ALL OF THE 994
FOLLOWING:
(A) DEVELOP MEANS FOR TOBACCO GROWERS TO GROW OTHER 996
AGRICULTURAL PRODUCTS VOLUNTARILY; 997
(B) INCREASE THE VARIETY, QUANTITY, AND VALUE OF 999
AGRICULTURAL PRODUCTS OTHER THAN TOBACCO THAT ARE PRODUCED IN 1,000
THOSE PARTS OF THIS STATE WHERE TOBACCO HAS TRADITIONALLY BEEN 1,001
GROWN;
(C) PRESERVE AGRICULTURAL LAND AND SOILS IN THOSE PARTS OF 1,003
THIS STATE WHERE TOBACCO HAS TRADITIONALLY BEEN GROWN; 1,004
(D) MAKE STRATEGIC INVESTMENTS IN COMMUNITIES THAT WILL BE 1,006
AFFECTED BY THE REDUCTION IN THE DEMAND FOR TOBACCO; 1,007
(E) PROVIDE EDUCATION AND TRAINING ASSISTANCE TO TOBACCO 1,009
GROWERS TO HELP THEM MAKE THE TRANSITION OUT OF TOBACCO 1,010
PRODUCTION.
COPIES OF THE PLAN SHALL BE MADE AVAILABLE TO THE PUBLIC. 1,012
THE FOUNDATION SHALL MAKE GRANTS OR LOANS TO INDIVIDUALS, 1,014
PUBLIC AGENCIES, OR PRIVATELY OWNED COMPANIES TO CARRY OUT THE 1,015
PLAN. THE FOUNDATION SHALL ALSO ADOPT RULES UNDER CHAPTER 119. 1,016
OF THE REVISED CODE REGARDING CONFLICTS OF INTEREST IN THE MAKING 1,018
OF GRANTS OR LOANS.
Sec. 183.16. THERE IS HEREBY CREATED THE SOUTHERN OHIO 1,020
AGRICULTURAL AND COMMUNITY DEVELOPMENT FOUNDATION ENDOWMENT FUND, 1,021
WHICH SHALL BE IN THE CUSTODY OF THE TREASURER OF STATE BUT SHALL 1,023
NOT BE A PART OF THE STATE TREASURY. THE ENDOWMENT FUND SHALL
CONSIST OF AMOUNTS APPROPRIATED FROM THE SOUTHERN OHIO 1,024
AGRICULTURAL AND COMMUNITY DEVELOPMENT TRUST FUND, AS WELL AS 1,025
GRANTS AND DONATIONS MADE TO THE SOUTHERN OHIO AGRICULTURAL AND 1,027
26
COMMUNITY DEVELOPMENT FOUNDATION AND INVESTMENT EARNINGS OF THE 1,028
FUND. THE ENDOWMENT FUND SHALL BE USED BY THE FOUNDATION TO 1,029
CARRY OUT ITS DUTIES. 1,030
Sec. 183.17. THE FISCAL YEAR OF THE SOUTHERN OHIO 1,032
AGRICULTURAL AND COMMUNITY DEVELOPMENT FOUNDATION SHALL BE THE 1,033
SAME AS THE FISCAL YEAR OF THE STATE. 1,034
WITHIN NINETY DAYS AFTER THE END OF EACH FISCAL YEAR, THE 1,036
FOUNDATION SHALL SUBMIT TO THE GOVERNOR AND THE GENERAL ASSEMBLY 1,037
BOTH OF THE FOLLOWING: 1,038
(A) A REPORT OF THE ACTIVITIES OF THE FOUNDATION DURING 1,040
THE PRECEDING FISCAL YEAR. THE REPORT SHALL ALSO CONTAIN AN 1,041
INDEPENDENT EVALUATION OF THE PROGRESS BEING MADE BY THE 1,042
FOUNDATION IN CARRYING OUT ITS DUTIES. 1,043
(B) A FINANCIAL REPORT OF THE FOUNDATION FOR THE PRECEDING 1,045
YEAR, WHICH SHALL INCLUDE BOTH: 1,046
(1) INFORMATION ON THE AMOUNT AND PERCENTAGE OF OVERHEAD 1,048
AND ADMINISTRATIVE EXPENDITURES COMPARED TO PROGRAMMATIC 1,049
EXPENDITURES;
(2) AN INDEPENDENT AUDITOR'S REPORT ON THE GENERAL PURPOSE 1,051
FINANCIAL STATEMENTS OF THE FOUNDATION. SUCH FINANCIAL 1,052
STATEMENTS SHALL BE PREPARED IN CONFORMITY WITH GENERALLY 1,053
ACCEPTED ACCOUNTING PRINCIPLES PRESCRIBED FOR GOVERNMENTAL 1,054
ENTITIES.
ON OR BEFORE JULY 1, 2010, THE FOUNDATION SHALL REPORT TO 1,056
THE GOVERNOR AND THE GENERAL ASSEMBLY ON THE PROGRESS THAT THE 1,057
FOUNDATION HAS MADE IN REPLACING THE PRODUCTION OF TOBACCO IN 1,058
SOUTHERN OHIO WITH THE PRODUCTION OF OTHER AGRICULTURAL PRODUCTS 1,059
AND IN MITIGATING THE ADVERSE ECONOMIC IMPACT OF REDUCED TOBACCO 1,060
PRODUCTION IN THE REGION. IF THE FOUNDATION CONCLUDES THAT A 1,062
NEED FOR ADDITIONAL FUNDING STILL EXISTS, THE FOUNDATION MAY 1,063
REQUEST THAT PROVISION BE MADE FOR A PORTION OF THE PAYMENTS 1,064
CREDITED TO THE TOBACCO MASTER SETTLEMENT AGREEMENT FUND TO 1,065
CONTINUE TO BE TRANSFERRED TO THE SOUTHERN OHIO AGRICULTURAL AND 1,066
COMMUNITY DEVELOPMENT TRUST FUND. 1,067
27
Sec. 183.18. OHIO'S PUBLIC HEALTH PRIORITIES TRUST FUND IS 1,069
HEREBY CREATED IN THE STATE TREASURY. MONEY CREDITED TO THE FUND 1,070
SHALL BE USED FOR THE FOLLOWING PURPOSES: 1,071
(A) MINORITY HEALTH PROGRAMS, ON WHICH NOT LESS THAN 1,073
TWENTY-FIVE PER CENT OF THE ANNUAL APPROPRIATIONS FROM THE TRUST 1,074
FUND SHALL BE EXPENDED; 1,075
(B) ENFORCING SECTION 2927.02 OF THE REVISED CODE; 1,078
(C) ALCOHOL AND DRUG ABUSE PREVENTION PROGRAMS, INCLUDING 1,080
PROGRAMS FOR ADULT AND JUVENILE OFFENDERS IN STATE INSTITUTIONS 1,081
AND AFTERCARE PROGRAMS; 1,082
(D) A PROGRAM FUNDED THROUGH THE DEPARTMENT OF HEALTH TO 1,084
PROVIDE ASSISTANCE TO LOW-INCOME PERSONS WHOSE HEALTH HAS BEEN 1,085
ADVERSELY AFFECTED BY TOBACCO USE; 1,086
(E) PARTIAL REIMBURSEMENT, ON A COUNTY BASIS, OF PUBLIC 1,088
HOSPITALS, FREE MEDICAL CLINICS, AND SIMILAR ORGANIZATIONS OR 1,089
PROGRAMS THAT PROVIDE FREE, UNCOMPENSATED CARE TO THE GENERAL 1,090
PUBLIC; 1,091
(F) A PROGRAM FUNDED THROUGH THE DEPARTMENT OF HUMAN 1,093
SERVICES TO DEVELOP AND ENHANCE OUTREACH ACTIVITIES FOR ENROLLING 1,094
ELIGIBLE CHILDREN AND FAMILIES IN MEDICAID AND OTHER HEALTH CARE 1,095
COVERAGE PROGRAMS AUTHORIZED BY STATE LAW. AS USED IN THIS 1,096
DIVISION, "MEDICAID" MEANS THE MEDICAL ASSISTANCE PROGRAM 1,097
ESTABLISHED UNDER CHAPTER 5111. OF THE REVISED CODE AND TITLE XIX 1,099
OF THE "SOCIAL SECURITY ACT," 49 STAT. 620 (1935), 42 U.S.C.A. 1,104
301, AS AMENDED;
(G) PUBLIC HEALTH PROGRAMS ADMINISTERED BY THE DEPARTMENT 1,106
OF HEALTH RELATING TO DISEASE PREVENTION AND HEALTH PROMOTION. 1,107
ALL INVESTMENT EARNINGS OF THE FUND SHALL BE CREDITED TO 1,109
THE FUND.
Sec. 183.19. THE BIOMEDICAL RESEARCH AND TECHNOLOGY 1,111
TRANSFER TRUST FUND IS HEREBY CREATED IN THE STATE TREASURY. 1,112
MONEY CREDITED TO THE FUND SHALL BE USED AS PROVIDED IN SECTIONS 1,113
183.20 TO 183.25 OF THE REVISED CODE. ALL INVESTMENT EARNINGS OF 1,114
THE FUND SHALL BE CREDITED TO THE FUND. 1,115
28
Sec. 183.20. THERE IS HEREBY CREATED THE BIOMEDICAL 1,117
RESEARCH AND TECHNOLOGY TRANSFER COMMISSION WITHIN THE OHIO BOARD 1,118
OF REGENTS. THE COMMISSION SHALL CONSIST OF TWENTY-THREE MEMBERS 1,119
AS FOLLOWS:
(A) THE CHANCELLOR OF THE BOARD, DIRECTOR OF DEVELOPMENT, 1,121
DIRECTOR OF HEALTH, AND EXECUTIVE DIRECTOR OF THE COMMISSION ON 1,122
MINORITY HEALTH, WHO SHALL SERVE AS EX OFFICIO MEMBERS; 1,123
(B) ELEVEN MEMBERS, WHO SHALL NOT BE OR REPRESENT 1,125
POTENTIAL RECIPIENTS OF GRANTS FROM THE COMMISSION, APPOINTED AS 1,126
FOLLOWS:
(1) FIVE MEMBERS, APPOINTED BY THE GOVERNOR, TWO OF WHOM 1,128
ARE EXPERTS IN THE RESULTS OF BIOMEDICAL RESEARCH; 1,129
(2) TWO MEMBERS APPOINTED BY THE SPEAKER OF THE HOUSE OF 1,131
REPRESENTATIVES; 1,132
(3) ONE MEMBER APPOINTED BY THE MINORITY LEADER OF THE 1,134
HOUSE OF REPRESENTATIVES; 1,135
(4) TWO MEMBERS APPOINTED BY THE PRESIDENT OF THE SENATE; 1,137
(5) ONE MEMBER APPOINTED BY THE MINORITY LEADER OF THE 1,139
SENATE.
(C) EIGHT NONVOTING MEMBERS APPOINTED BY THE GOVERNOR, 1,141
REPRESENTING OHIO'S BIOMEDICAL RESEARCH INSTITUTIONS. 1,143
BEFORE MAKING THEIR APPOINTMENTS, THE GOVERNOR, SPEAKER, 1,145
PRESIDENT, AND MINORITY LEADERS SHALL SOLICIT, FROM THE STATE'S 1,146
MEDICAL COLLEGES AND MEDICAL RESEARCH INSTITUTIONS, THE NATIONAL 1,147
INSTITUTES OF HEALTH, AND OTHER SOURCES FAMILIAR WITH EXPERTS IN 1,148
THE FIELD OF BIOMEDICAL RESEARCH AND IN COMMERCIALIZING THE 1,149
RESULTS OF SUCH RESEARCH, RECOMMENDATIONS AS TO WHOM TO APPOINT. 1,150
THE APPOINTMENTS OF THE GOVERNOR SHALL BE WITH THE ADVICE 1,152
AND CONSENT OF THE SENATE. 1,153
TERMS OF OFFICE FOR THE MEMBERS APPOINTED BY THE GOVERNOR, 1,155
PRESIDENT, AND SPEAKER SHALL BE FOR FIVE YEARS. EACH MEMBER 1,156
SHALL HOLD OFFICE FROM THE DATE OF APPOINTMENT UNTIL THE END OF 1,157
THE TERM FOR WHICH THE MEMBER WAS APPOINTED. ANY MEMBER 1,158
APPOINTED TO FILL A VACANCY OCCURRING PRIOR TO THE EXPIRATION OF 1,159
29
THE TERM FOR WHICH THE MEMBER'S PREDECESSOR WAS APPOINTED SHALL 1,160
HOLD OFFICE FOR THE REMAINDER OF SUCH TERM. ANY MEMBER SHALL 1,161
CONTINUE IN OFFICE SUBSEQUENT TO THE EXPIRATION DATE OF THE 1,162
MEMBER'S TERM UNTIL THE MEMBER'S SUCCESSOR TAKES OFFICE, OR UNTIL 1,163
A PERIOD OF SIXTY DAYS HAS ELAPSED, WHICHEVER OCCURS FIRST. A 1,164
VACANCY IN AN UNEXPIRED TERM SHALL BE FILLED IN THE SAME MANNER 1,165
AS THE ORIGINAL APPOINTMENT. THE GOVERNOR MAY REMOVE ANY MEMBER 1,166
FOR MALFEASANCE, MISFEASANCE, OR NONFEASANCE AFTER A HEARING IN 1,167
ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE. 1,169
THE MEMBERS OF THE COMMISSION SHALL SERVE WITHOUT 1,171
COMPENSATION BUT SHALL RECEIVE THEIR REASONABLE AND NECESSARY 1,172
EXPENSES INCURRED IN THE CONDUCT OF COMMISSION BUSINESS. 1,173
SECTION 101.84 OF THE REVISED CODE DOES NOT APPLY TO THE 1,175
COMMISSION. 1,176
Sec. 183.21. THE BIOMEDICAL RESEARCH AND TECHNOLOGY 1,178
TRANSFER COMMISSION SHALL SELECT A CHAIRPERSON FROM AMONG ITS 1,179
MEMBERS AND SHALL MEET ONCE DURING EACH QUARTER OR AT SUCH OTHER 1,180
TIMES AS THE BOARD DECIDES. A MAJORITY OF THE MEMBERS OF THE 1,181
COMMISSION CONSTITUTES A QUORUM, AND NO ACTION SHALL BE TAKEN 1,182
WITHOUT THE AFFIRMATIVE VOTE OF A MAJORITY OF THE MEMBERS. 1,183
Sec. 183.22. THE BIOMEDICAL RESEARCH AND TECHNOLOGY 1,185
TRANSFER COMMISSION SHALL APPOINT AND SET THE COMPENSATION OF AN 1,186
EXECUTIVE DIRECTOR AND OTHER EMPLOYEES NEEDED TO CARRY OUT THE 1,187
DUTIES OF THE COMMISSION. BEFORE ENTERING UPON THE DISCHARGE OF 1,188
THE DUTIES OF OFFICE, THE EXECUTIVE DIRECTOR SHALL GIVE A BOND TO 1,189
THE STATE, TO BE APPROVED BY THE GOVERNOR, CONDITIONED FOR THE 1,190
FAITHFUL PERFORMANCE OF THE DUTIES OF OFFICE. THE EXECUTIVE 1,191
DIRECTOR AND THE OTHER EMPLOYEES OF THE COMMISSION ARE STATE 1,192
EMPLOYEES AND SERVE IN THE UNCLASSIFIED SERVICE. 1,193
Sec. 183.23. THE BOARD OF REGENTS SHALL PROVIDE OFFICE 1,195
SPACE AND FACILITIES FOR THE BIOMEDICAL RESEARCH AND TECHNOLOGY 1,196
TRANSFER COMMISSION. ANY ADMINISTRATIVE COSTS ASSOCIATED WITH 1,197
THE OPERATION OF THE COMMISSION SHALL BE PAID FROM AMOUNTS 1,199
APPROPRIATED FROM THE BIOMEDICAL RESEARCH AND TECHNOLOGY TRANSFER 1,200
30
TRUST FUND, CREATED BY SECTION 183.19 OF THE REVISED CODE. 1,201
Sec. 183.24. THE BIOMEDICAL RESEARCH AND TECHNOLOGY 1,203
TRANSFER COMMISSION SHALL PERIODICALLY MAKE STRATEGIC ASSESSMENTS 1,204
OF THE TYPES OF STATE INVESTMENTS IN BIOMEDICAL RESEARCH AND 1,205
BIOTECHNOLOGY IN THIS STATE THAT WOULD BE LIKELY TO CREATE JOBS 1,206
AND BUSINESS OPPORTUNITIES AND PRODUCE THE MOST BENEFICIAL 1,207
LONG-TERM IMPROVEMENTS TO THE PUBLIC HEALTH OF OHIOANS. ONE AREA 1,208
OF FOCUS FOR THE COMMISSION SHALL BE BIOMEDICAL RESEARCH AND 1,209
BIOTECHNOLOGY INITIATIVES THAT ADDRESS TOBACCO-RELATED ILLNESSES. 1,210
THE ASSESSMENTS SHALL BE AVAILABLE TO THE PUBLIC AND SHALL BE 1,211
USED BY THE COMMISSION TO GUIDE ITS DECISIONS ON AWARDING GRANTS. 1,212
THE COMMISSION SHALL ESTABLISH A COMPETITIVE PROCESS FOR THE 1,213
AWARD OF GRANTS THAT IS DESIGNED TO FUND THE MOST MERITORIOUS 1,214
PROPOSALS AND, WHEN APPROPRIATE, PROVIDE FOR PEER REVIEW OF 1,215
PROPOSALS. THE COMMISSION MAY MAKE GRANTS TO INDIVIDUALS, PUBLIC 1,216
AGENCIES, PRIVATE COMPANIES OR ORGANIZATIONS, OR JOINT VENTURES 1,217
FOR ANY OF A BROAD RANGE OF ACTIVITIES RELATED TO BIOMEDICAL 1,218
RESEARCH AND TECHNOLOGY TRANSFER. PRIORITY SHALL BE GIVEN TO 1,219
PROPOSALS THAT WOULD LEVERAGE ADDITIONAL PRIVATE AND PUBLIC 1,220
FUNDING RESOURCES. THE COMMISSION SHALL ADOPT RULES UNDER 1,221
CHAPTER 119. OF THE REVISED CODE REGARDING CONFLICTS OF INTEREST 1,222
IN THE AWARDING OF GRANTS. 1,223
WHEN APPROPRIATE, THE COMMISSION SHALL COORDINATE ITS 1,225
ACTIVITIES WITH THOSE OF THE TOBACCO USE PREVENTION AND CONTROL 1,226
FOUNDATION.
Sec. 183.25. WITHIN NINETY DAYS AFTER THE END OF EACH 1,228
FISCAL YEAR, THE BIOMEDICAL RESEARCH AND TECHNOLOGY TRANSFER 1,229
COMMISSION SHALL SUBMIT TO THE GOVERNOR AND THE GENERAL ASSEMBLY 1,230
A REPORT OF THE ACTIVITIES OF THE COMMISSION DURING THE PRECEDING 1,231
FISCAL YEAR.
Sec. 183.26. THE EDUCATION FACILITIES TRUST FUND IS HEREBY 1,233
CREATED IN THE STATE TREASURY. MONEY CREDITED TO THE FUND SHALL 1,234
BE USED TO PAY COSTS OF, OR TO PROVIDE THE STATE'S SHARE OF THE 1,235
COSTS OF, CONSTRUCTING, RENOVATING, OR REPAIRING PRIMARY AND 1,236
31
SECONDARY SCHOOLS. ALL INVESTMENT EARNINGS OF THE FUND SHALL BE 1,237
CREDITED TO THE FUND. 1,238
Sec. 183.27. THE EDUCATION FACILITIES ENDOWMENT FUND IS 1,240
HEREBY CREATED IN THE STATE TREASURY. IT IS THE INTENT OF THE 1,241
GENERAL ASSEMBLY TO MAINTAIN THE FUND AS A PERMANENT SOURCE OF 1,242
REVENUE FOR CONSTRUCTING, RENOVATING, OR REPAIRING PRIMARY AND 1,243
SECONDARY SCHOOLS IN THIS STATE. AT THE BEGINNING OF EACH 1,244
QUARTER, ALL INVESTMENT EARNINGS OF THE ENDOWMENT FUND EARNED 1,245
DURING THE IMMEDIATELY PRECEDING QUARTER SHALL BE CREDITED TO THE 1,246
EDUCATION FACILITIES TRUST FUND.
Sec. 183.28. THE EDUCATION TECHNOLOGY TRUST FUND IS HEREBY 1,248
CREATED IN THE STATE TREASURY. MONEY CREDITED TO THE FUND SHALL 1,249
BE USED TO PAY COSTS OF NEW AND INNOVATIVE TECHNOLOGY FOR PRIMARY 1,250
AND SECONDARY EDUCATION, INCLUDING CHARTERED NONPUBLIC SCHOOLS, 1,251
AND HIGHER EDUCATION, INCLUDING STATE INSTITUTIONS OF HIGHER 1,252
EDUCATION AND PRIVATE NONPROFIT INSTITUTIONS OF HIGHER EDUCATION 1,253
HOLDING CERTIFICATES OF AUTHORIZATION UNDER SECTION 1713.02 OF 1,254
THE REVISED CODE. ALL INVESTMENT EARNINGS OF THE FUND SHALL BE 1,256
CREDITED TO THE FUND.
Sec. 183.29. THE TREASURER OF STATE SHALL, EXCEPT FOR ANY 1,259
PETTY CASH FUNDS, KEEP ALL MONEY RECEIVED FROM TOBACCO MASTER 1,261
SETTLEMENT AGREEMENT PAYMENTS OR FROM DISTRIBUTIONS UNDER THIS 1,262
CHAPTER THAT IS NEEDED TO MEET CURRENT DEMANDS FOR THE MONEY 1,263
UNDER THIS CHAPTER, IN PUBLIC DEPOSITORIES OF THE ACTIVE DEPOSITS 1,264
OF PUBLIC MONEYS OF THE STATE, AS SUCH TERMS ARE USED IN CHAPTER 1,265
135. OF THE REVISED CODE.
Sec. 183.30. (A) NO MORE THAN FIVE PER CENT OF THE TOTAL 1,267
EXPENDITURES OF THE TOBACCO USE PREVENTION AND CONTROL FOUNDATION 1,268
IN A FISCAL YEAR SHALL BE FOR ADMINISTRATIVE EXPENSES OF THE 1,269
FOUNDATION. 1,270
(B) NO MORE THAN FIVE PER CENT OF THE TOTAL EXPENDITURES 1,272
OF THE SOUTHERN OHIO AGRICULTURAL AND COMMUNITY DEVELOPMENT 1,273
FOUNDATION IN A FISCAL YEAR SHALL BE FOR ADMINISTRATIVE EXPENSES 1,274
OF THE FOUNDATION. 1,275
32
(C) NO MORE THAN FIVE PER CENT OF THE TOTAL EXPENDITURES 1,277
OF THE BIOMEDICAL RESEARCH AND TECHNOLOGY TRANSFER COMMISSION IN 1,278
A FISCAL YEAR SHALL BE FOR ADMINISTRATIVE EXPENSES OF THE 1,279
COMMISSION.
Sec. 183.31. (A) A PUBLIC OR PRIVATE AGENCY THAT RECEIVES 1,281
FUNDING FROM THE TOBACCO USE PREVENTION AND CONTROL FOUNDATION 1,282
SHALL EXPEND NO MORE THAN TEN PER CENT OF THAT FUNDING ON 1,283
ADMINISTRATIVE EXPENSES. 1,284
(B) AN INDIVIDUAL, PUBLIC AGENCY, OR PRIVATELY OWNED 1,286
COMPANY THAT RECEIVES A GRANT OR LOAN FROM THE SOUTHERN OHIO 1,287
AGRICULTURAL AND COMMUNITY DEVELOPMENT FOUNDATION SHALL EXPEND NO 1,288
MORE THAN TEN PER CENT OF THAT GRANT OR LOAN ON ADMINISTRATIVE 1,290
EXPENSES.
(C) AN INDIVIDUAL, PUBLIC AGENCY, PRIVATE COMPANY OR 1,292
ORGANIZATION, OR JOINT VENTURE THAT RECEIVES A GRANT FROM THE 1,293
BIOMEDICAL RESEARCH AND TECHNOLOGY TRANSFER COMMISSION SHALL 1,294
EXPEND NO MORE THAN TEN PER CENT OF THAT GRANT ON ADMINISTRATIVE 1,295
EXPENSES. 1,296
Section 2. That existing sections 102.02 and 107.031 of 1,298
the Revised Code are hereby repealed. 1,299
Section 3. All items in this section are hereby 1,301
appropriated as designated out of any moneys in the state 1,302
treasury to the credit of the Tobacco Master Settlement Agreement 1,303
Fund Group. For all appropriations made in this section, those 1,304
in the first column are for fiscal year 2000 and those in the
second column are for fiscal year 2001. The appropriations made 1,305
in this section are in addition to any other appropriations made 1,306
for the 1999-2001 biennium.
AGR DEPARTMENT OF AGRICULTURE 1,308
Tobacco Master Settlement Agreement Fund Group 1,310
K87 700-502 Southern Ohio 1,313
Agriculture and
Community Development
Foundation $ 0 $ 22,194,639 1,315
33
TOTAL TSF Tobacco Master 1,316
Settlement Agreement Fund 1,317
Group $ 0 $ 22,194,639 1,320
TOTAL ALL BUDGET FUND GROUPS $ 0 $ 22,194,639 1,323
Southern Ohio Agriculture and Community Development 1,326
Foundation
The foregoing appropriation item 700-502, Southern Ohio 1,328
Agriculture and Community Development Foundation, shall be used 1,329
in accordance with sections 183.02 and 183.11 to 183.17 of the 1,330
Revised Code. The Director of Agriculture shall disburse moneys 1,331
appropriated in this appropriation item to the Southern Ohio 1,332
Agricultural and Community Development Foundation Endowment Fund
created by section 183.16 of the Revised Code to be used by the 1,333
Southern Ohio Agricultural and Community Development Foundation 1,334
to carry out its duties.
CEB CONTROLLING BOARD 1,336
Tobacco Master Settlement Agreement Fund Group 1,338
S87 911-405 Education Technology 1,341
Trust Fund $ 0 $ 13,764,540 1,343
TOTAL TSF Tobacco Master 1,344
Settlement Agreement Fund 1,345
Group $ 0 $ 13,764,540 1,348
TOTAL ALL BUDGET FUND GROUPS $ 0 $ 13,764,540 1,351
Education Technology Trust Fund 1,354
The Controlling Board may transfer to any appropriate state 1,356
agency portions of appropriation item 911-405, Education 1,357
Technology Trust Fund, upon receipt of an approved plan submitted 1,358
by the Director of Budget and Management.
DOH DEPARTMENT OF HEALTH 1,360
Tobacco Master Settlement Agreement Fund Group 1,362
H87 440-502 Tobacco Use 1,365
Prevention and
Control Foundation $ 0 $ 234,855,223 1,367
34
L87 440-403 Ohio's Public Health 1,369
Priorities Trust Fund $ 0 $ 10,010,574 1,371
TOTAL TSF Tobacco Master
Settlement Agreement Fund 1,372
Group $ 0 $ 244,865,797 1,375
TOTAL ALL BUDGET FUND GROUPS $ 0 $ 244,865,797 1,378
Tobacco Use Prevention and Control Foundation 1,381
The foregoing appropriation item 440-502, Tobacco Use 1,383
Prevention and Control Foundation, shall be used in accordance 1,384
with sections 183.02 to 183.09 of the Revised Code. The Director 1,385
of Health shall disburse moneys appropriated in this 1,386
appropriation item to the Tobacco Use Prevention and Control
Endowment Fund created by section 183.08 of the Revised Code to 1,387
be used by the Tobacco Use Prevention and Control Foundation to 1,388
carry out its duties.
Ohio's Public Health Priorities Trust Fund 1,390
The foregoing appropriation item 440-403, Ohio's Public 1,392
Health Priorities Trust Fund, shall be used by the Director of 1,393
Health for any of the purposes authorized by section 183.18 of 1,394
the Revised Code. Prior to disbursing the appropriations in this 1,395
appropriation item, the Director of Health shall consult with the 1,396
Director of Rehabilitation and Correction, the Director of 1,397
Alcohol and Drug Addiction Services, the Attorney General, and 1,398
the Executive Director of the Commission on Minority Health.
Within the limits set forth in this act, the Director of 1,400
Budget and Management shall establish accounts indicating the 1,401
source and amount of funds for each appropriation made in this 1,402
section, and shall determine the form and manner in which 1,403
appropriation accounts shall be maintained. Expenditures from
appropriations contained in this section shall be accounted for 1,404
as though made in Am. Sub. H.B. 283 of the 123rd General 1,405
Assembly.
The appropriations made in this section are subject to all 1,407
provisions of Am. Sub. H.B. 283 of the 123rd General Assembly 1,408
35
that are generally applicable to such appropriations. 1,409
Section 4. All items in this section are hereby 1,411
appropriated as designated out of any moneys in the state 1,412
treasury to the credit of the Tobacco Master Settlement Agreement 1,413
Fund Group. For all appropriations made in this section, those 1,414
in the first column are for fiscal year 2000 and those in the
second column are for fiscal year 2001. The appropriations made 1,415
in this section are in addition to any other appropriations made 1,416
for the 1999-2001 biennium.
BOR BOARD OF REGENTS 1,418
Tobacco Master Settlement Agreement Fund Group 1,420
M87 235-405 Biomedical Research 1,423
and Technology
Transfer Commission $ 0 $ 5,005,288 1,425
TOTAL TSF Tobacco Master 1,426
Settlement Agreement Fund 1,427
Group $ 0 $ 5,005,288 1,430
TOTAL ALL BUDGET FUND GROUPS $ 0 $ 5,005,288 1,433
Within the limits set forth in this act, the Director of 1,436
Budget and Management shall establish accounts indicating the 1,437
source and amount of funds for each appropriation made in this 1,438
section, and shall determine the form and manner in which 1,439
appropriation accounts shall be maintained. Expenditures from
appropriations contained in this section shall be accounted for 1,440
as though made in Am. Sub. H.B. 282 of the 123rd General 1,441
Assembly.
The appropriations made in this section are subject to all 1,443
provisions of Am. Sub. H.B. 282 of the 123rd General Assembly 1,444
that are generally applicable to such appropriations. 1,445
Section 5. All items set forth in this section are hereby 1,447
appropriated out of any moneys in the state treasury to the 1,448
credit of the Law Enforcement Improvements Trust Fund (Fund J87) 1,449
that are not otherwise appropriated.
AGO ATTORNEY GENERAL 1,451
36
CAP-716 Lab and Training Facility Improvements $ 2,000,000 1,455
Total Attorney General $ 2,000,000 1,457
TOTAL Law Enforcement Improvements Trust Fund $ 2,000,000 1,459
Section 6. All items set forth in this section are hereby 1,462
appropriated out of any moneys in the state treasury to the 1,463
credit of the Education Facilities Trust Fund (Fund N87) that are 1,464
not otherwise appropriated.
SFC SCHOOL FACILITIES COMMISSION 1,466
CAP-780 Classroom Facilities Assistance 1,469
Program $ 262,001,238 1,470
Total School Facilities Commission $ 262,001,238 1,472
TOTAL Education Facilities Trust Fund $ 262,001,238 1,474
Section 7. Sections 5 and 6 of this act shall remain in 1,477
full force and effect commencing on July 1, 2000, and terminating 1,478
on June 30, 2002, for the purpose of drawing money from the state 1,479
treasury in payment of liabilities lawfully incurred thereunder, 1,480
and on June 30, 2002, and not before, the moneys appropriated 1,481
thereby shall lapse into the funds from which they are severally
appropriated. 1,482
Section 8. The Tobacco Master Settlement Agreement Fund 1,484
created by section 183.02 of the Revised Code is the same as Fund 1,485
087, the Tobacco Master Settlement Agreement Fund created by the 1,486
Controlling Board in March 1999. 1,487
Section 9. The Governor, President and Minority Leader of 1,489
the Senate, and Speaker and Minority Leader of the House of 1,490
Representatives shall make their initial appointments to the 1,491
board of trustees of the Tobacco Use Prevention and Control 1,492
Foundation within 90 days after the effective date of this 1,493
section. Notwithstanding section 183.04 of the Revised Code: 1,494
(A) The Governor shall appoint one member under division 1,496
(A) of that section to an initial term ending one year after the 1,497
effective date of this section, one to an initial term ending 1,498
three years after the effective date of this section, and one to 1,499
an initial term ending five years after the effective date of 1,500
37
this section; the President shall appoint one member to an 1,501
initial term ending three years after the effective date of this 1,502
section and one to an initial term ending five years after the 1,503
effective date of this section; the Minority Leader of the Senate 1,504
shall appoint one member to an initial term ending four years 1,505
after the effective date of this section; the Speaker shall 1,506
appoint one member to an initial term ending two years after the 1,507
effective date of this section and one to an initial term ending 1,508
four years after the effective date of this section; and the 1,509
Minority Leader of the House of Representatives shall appoint one 1,510
member to an initial term ending three years after the effective 1,511
date of this section. 1,512
(B) The Governor shall appoint one member under division 1,514
(B) of that section to an initial term ending two years after the 1,515
effective date of this section and the other member to an initial 1,516
term ending four years after the effective date of this section. 1,517
(C) The Governor shall appoint the five members under 1,519
divisions (C) to (G) of that section to initial terms of office 1,520
ending one, two, three, four, and five years after the effective 1,521
date of this section. 1,522
(D) The Governor shall appoint the member under division 1,524
(H) of that section to an initial term ending five years after 1,525
the effective date of this section.
(E) Thereafter, terms of office shall be for five years as 1,527
provided in section 183.04 of the Revised Code. 1,528
Section 10. The Governor, President and Minority Leader of 1,530
the Senate, and Speaker and Minority Leader of the House of 1,531
Representatives shall make their initial appointments to the 1,532
board of trustees of the Southern Ohio Agricultural and Community 1,533
Development Foundation within 90 days after the effective date of 1,534
this section. Notwithstanding section 183.12 of the Revised 1,535
Code:
(A) The Governor shall appoint one member under divisions 1,537
(B) and (C) of that section to an initial term ending one year 1,538
38
after the effective date of this section, one to an initial term 1,539
ending two years after the effective date of this section, one to 1,540
an initial term ending three years after the effective date of 1,541
this section, one to an initial term ending four years after the 1,542
effective date of this section, and one to an initial term ending 1,543
five years after the effective date of this section. 1,544
(B) Thereafter, terms of office of these members shall be 1,546
for five years as provided in section 183.12 of the Revised Code. 1,547
Section 11. The Governor, President and Minority Leader of 1,549
the Senate, and Speaker and Minority Leader of the House of 1,550
Representatives shall make their initial appointments to the 1,551
Biomedical Research and Technology Transfer Commission within 90 1,552
days after the effective date of this section. Notwithstanding 1,553
section 183.20 of the Revised Code: 1,554
(A) The Governor shall appoint one member under division 1,556
(B)(1) of that section to an initial term ending one year after 1,557
the effective date of this section, one to an initial term ending 1,558
two years after the effective date of this section, one to an 1,559
initial term ending three years after the effective date of this 1,560
section, one to an initial term ending four years after the 1,561
effective date of this section, and one to an initial term ending 1,562
five years after the effective date of this section. 1,563
(B) The Speaker of the House of Representatives shall 1,565
appoint one member under division (B)(2) of that section to an 1,566
initial term ending one year after the effective date of this 1,567
section and one member to an initial term ending five years after 1,568
the effective date of this section. 1,569
(C) The Minority Leader of the House of Representatives 1,571
shall appoint one member under division (B)(3) of that section to 1,573
an initial term ending four years after the effective date of 1,574
this section.
(D) The President of the Senate shall appoint one member 1,576
of the Commission under division (B)(4) of that section to an 1,577
initial term ending one year after the effective date of this 1,578
39
section and the other member to an initial term ending four years 1,579
after the effective date of this section. 1,580
(E) The Minority Leader of the Senate shall appoint one 1,582
member under division (B)(5) of that section to an initial term 1,583
ending three years after the effective date of this section. 1,584
(F) Thereafter, terms of office shall be for five years as 1,586
provided in section 183.20 of the Revised Code. 1,587