As Reported by House Finance and Appropriations Committee 1 123rd General Assembly 4 Regular Session Sub. S. B. No. 192 5 1999-2000 6 SENATORS RAY (By Request)-DRAKE-FINAN- 9 REPRESENTATIVES CORBIN-WOMER BENJAMIN-MEAD-PETERSON-METZGER- CAREY-HOOPS-MOTTLEY-VESPER-GOODMAN 10 _________________________________________________________________ 11 A B I L L To amend sections 102.02, 107.03, and 107.031 and to 13 enact sections 183.01, 183.02, 183.021, 183.03 to 14 183.33, and 5145.32 of the Revised Code to 15 provide for the distribution of money received by 16 the state pursuant to the Tobacco Master Settlement Agreement, to impose prohibitions 17 concerning smoking and tobacco use in certain state correctional institutions, and to make an 18 appropriation. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 20 Section 1. That sections 102.02, 107.03, and 107.031 be 22 amended and sections 183.01, 183.02, 183.021, 183.03, 183.04, 24 183.05, 183.06, 183.07, 183.08, 183.09, 183.10, 183.11, 183.12, 25 183.13, 183.14, 183.15, 183.16, 183.17, 183.18, 183.19, 183.20, 26 183.21, 183.22, 183.23, 183.24, 183.25, 183.26, 183.27, 183.28, 27 183.29, 183.30, 183.31, 183.32, 183.33, and 5145.32 of the 28 Revised Code be enacted to read as follows: 29 Sec. 102.02. (A) Except as otherwise provided in division 38 (H) of this section, every person who is elected to or is a 39 candidate for a state, county, or city office, or the office of 40 member of the United States congress, and every person who is 41 appointed to fill a vacancy for an unexpired term in such an 42 elective office; all members of the state board of education; the 44 director, assistant directors, deputy directors, division chiefs, 45 2 or persons of equivalent rank of any administrative department of 46 the state; the president or other chief administrative officer of 47 every state institution of higher education as defined in section 48 3345.011 of the Revised Code; the chief executive officer of each 49 state retirement system; all members of the board of 50 commissioners on grievances and discipline of the supreme court 51 and the ethics commission created under section 102.05 of the 52 Revised Code; every business manager, treasurer, or 53 superintendent of a city, local, exempted village, joint 54 vocational, or cooperative education school district or an 55 educational service center; every person who is elected to or is 56 a candidate for the office of member of a board of education of a 57 city, local, exempted village, joint vocational, or cooperative 58 education school district or of a governing board of an 59 educational service center that has a total student count of 60 twelve thousand or more as most recently determined by the 61 department of education pursuant to section 3317.03 of the 63 Revised Code; every person who is appointed to the board of education of a municipal school district pursuant to division (B) 64 or (F) of section 3311.71 of the Revised Code; all members of the 65 board of directors of a sanitary district established under 66 Chapter 6115. of the Revised Code and organized wholly for the 67 purpose of providing a water supply for domestic, municipal, and 69 public use that includes two municipal corporations in two 70 counties; every public official or employee who is paid a salary 72 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 73 THE BOARD OF TRUSTEES AND THE EXECUTIVE DIRECTOR OF THE TOBACCO 74 USE PREVENTION AND CONTROL FOUNDATION; MEMBERS OF THE BOARD OF 75 TRUSTEES AND THE EXECUTIVE DIRECTOR OF THE SOUTHERN OHIO 76 AGRICULTURAL AND COMMUNITY DEVELOPMENT FOUNDATION; MEMBERS AND 77 THE EXECUTIVE DIRECTOR OF THE BIOMEDICAL RESEARCH AND TECHNOLOGY 78 TRANSFER COMMISSION; and every other public official or employee 79 who is designated by the appropriate ethics commission pursuant 80 3 to division (B) of this section shall file with the appropriate 81 ethics commission on a form prescribed by the commission, a 82 statement disclosing all of the following: 83 (1) The name of the person filing the statement and each 85 member of the person's immediate family and all names under which 87 the person or members of the person's immediate family do 88 business; 89 (2)(a) Subject to divisions (A)(2)(b) and (c) of this 91 section and except as otherwise provided in section 102.022 of 92 the Revised Code, identification of every source of income, other 93 than income from a legislative agent identified in division 94 (A)(2)(b) of this section, received during the preceding calendar 95 year, in the person's own name or by any other person for the 97 person's use or benefit, by the person filing the statement, and 98 a brief description of the nature of the services for which the 99 income was received. If the person filing the statement is a 100 member of the general assembly, the statement shall identify the 101 amount of every source of income received in accordance with the 102 following ranges of amounts: zero or more, but less than one 103 thousand dollars; one thousand dollars or more, but less than ten 104 thousand dollars; ten thousand dollars or more, but less than 105 twenty-five thousand dollars; twenty-five thousand dollars or 106 more, but less than fifty thousand dollars; fifty thousand 107 dollars or more, but less than one hundred thousand dollars; and 108 one hundred thousand dollars or more. Division (A)(2)(a) of this 109 section shall not be construed to require a person filing the 110 statement who derives income from a business or profession to 111 disclose the individual items of income that constitute the gross 112 income of that business or profession, except for those 113 individual items of income that are attributable to the person's 114 or, if the income is shared with the person, the partner's, 115 solicitation of services or goods or performance, arrangement, or 116 facilitation of services or provision of goods on behalf of the 117 business or profession of clients, including corporate clients, 118 4 who are legislative agents as defined in section 101.70 of the 119 Revised Code. A person who files the statement under this 120 section shall disclose the identity of and the amount of income 121 received from a person who the public official or employee knows 123 or has reason to know is doing or seeking to do business of any 124 kind with the public official's or employee's agency. 125 (b) If the person filing the statement is a member of the 127 general assembly, the statement shall identify every source of 128 income and the amount of that income that was received from a 129 legislative agent, as defined in section 101.70 of the Revised 130 Code, during the preceding calendar year, in the person's own 132 name or by any other person for the person's use or benefit, by 133 the person filing the statement, and a brief description of the 135 nature of the services for which the income was received. 136 Division (A)(2)(b) of this section requires the disclosure of 137 clients of attorneys or persons licensed under section 4732.12 of 138 the Revised Code, or patients of persons certified under section 139 4731.14 of the Revised Code, if those clients or patients are 140 legislative agents. Division (A)(2)(b) of this section requires 141 a person filing the statement who derives income from a business 142 or profession to disclose those individual items of income that 143 constitute the gross income of that business or profession that 144 are received from legislative agents. 145 (c) Except as otherwise provided in division (A)(2)(c) of 147 this section, division (A)(2)(a) of this section applies to 148 attorneys, physicians, and other persons who engage in the 149 practice of a profession and who, pursuant to a section of the 150 Revised Code, the common law of this state, a code of ethics 151 applicable to the profession, or otherwise, generally are 152 required not to reveal, disclose, or use confidences of clients, 153 patients, or other recipients of professional services except 154 under specified circumstances or generally are required to 155 maintain those types of confidences as privileged communications 156 except under specified circumstances. Division (A)(2)(a) of this 157 5 section does not require an attorney, physician, or other 158 professional subject to a confidentiality requirement as 159 described in division (A)(2)(c) of this section to disclose the 160 name, other identity, or address of a client, patient, or other 161 recipient of professional services if the disclosure would 162 threaten the client, patient, or other recipient of professional 163 services, would reveal details of the subject matter for which 164 legal, medical, or professional advice or other services were 165 sought, or would reveal an otherwise privileged communication 166 involving the client, patient, or other recipient of professional 167 services. Division (A)(2)(a) of this section does not require an 168 attorney, physician, or other professional subject to a 169 confidentiality requirement as described in division (A)(2)(c) of 170 this section to disclose in the brief description of the nature 171 of services required by division (A)(2)(a) of this section any 172 information pertaining to specific professional services rendered 173 for a client, patient, or other recipient of professional 174 services that would reveal details of the subject matter for 175 which legal, medical, or professional advice was sought or would 176 reveal an otherwise privileged communication involving the 177 client, patient, or other recipient of professional services. 178 (3) The name of every corporation on file with the 180 secretary of state that is incorporated in this state or holds a 182 certificate of compliance authorizing it to do business in this 183 state, trust, business trust, partnership, or association that 184 transacts business in this state in which the person filing the 186 statement or any other person for the person's use and benefit 187 had during the preceding calendar year an investment of over one 188 thousand dollars at fair market value as of the thirty-first day 189 of December of the preceding calendar year, or the date of 190 disposition, whichever is earlier, or in which the person holds 191 any office or has a fiduciary relationship, and a description of 192 the nature of the investment, office, or relationship. Division 193 (A)(3) of this section does not require disclosure of the name of 195 6 any bank, savings and loan association, credit union, or building 196 and loan association with which the person filing the statement 197 has a deposit or a withdrawable share account. 198 (4) All fee simple and leasehold interests to which the 200 person filing the statement holds legal title to or a beneficial 201 interest in real property located within the state, excluding the 202 person's residence and property used primarily for personal 203 recreation; 204 (5) The names of all persons residing or transacting 206 business in the state to whom the person filing the statement 207 owes, in the person's own name or in the name of any other 208 person, more than one thousand dollars. Division (A)(5) of this 211 section shall not be construed to require the disclosure of debts 212 owed by the person resulting from the ordinary conduct of a 213 business or profession or debts on the person's residence or real 214 property used primarily for personal recreation, except that the 215 superintendent of financial institutions shall disclose the names 217 of all state-chartered savings and loan associations and of all 219 service corporations subject to regulation under division (E)(2) 220 of section 1151.34 of the Revised Code to whom the superintendent 221 in the superintendent's own name or in the name of any other 222 person owes any money, and that the superintendent and any deputy 224 superintendent of banks shall disclose the names of all 225 state-chartered banks and all bank subsidiary corporations 226 subject to regulation under section 1109.44 of the Revised Code 227 to whom the superintendent or deputy superintendent owes any 228 money. (6) The names of all persons residing or transacting 230 business in the state, other than a depository excluded under 231 division (A)(3) of this section, who owe more than one thousand 233 dollars to the person filing the statement, either in the 234 person's own name or to any person for the person's use or 236 benefit. Division (A)(6) of this section shall not be construed 238 to require the disclosure of clients of attorneys or persons 239 7 licensed under section 4732.12 or 4732.15 of the Revised Code, or 240 patients of persons certified under section 4731.14 of the 241 Revised Code, nor the disclosure of debts owed to the person 242 resulting from the ordinary conduct of a business or profession. 243 (7) Except as otherwise provided in section 102.022 of the 245 Revised Code, the source of each gift of over seventy-five 246 dollars, or of each gift of over twenty-five dollars received by 247 a member of the general assembly from a legislative agent, 248 received by the person in the person's own name or by any other 250 person for the person's use or benefit during the preceding 251 calendar year, except gifts received by will or by virtue of 253 section 2105.06 of the Revised Code, or received from spouses, 254 parents, grandparents, children, grandchildren, siblings, 255 nephews, nieces, uncles, aunts, brothers-in-law, sisters-in-law, 256 sons-in-law, daughters-in-law, fathers-in-law, mothers-in-law, or 257 any person to whom the person filing the statement stands in loco 258 parentis, or received by way of distribution from any inter vivos 259 or testamentary trust established by a spouse or by an ancestor; 260 (8) Except as otherwise provided in section 102.022 of the 262 Revised Code, identification of the source and amount of every 263 payment of expenses incurred for travel to destinations inside or 264 outside this state that is received by the person in the person's 266 own name or by any other person for the person's use or benefit 267 and that is incurred in connection with the person's official 269 duties except for expenses for travel to meetings or conventions 270 of a national or state organization to which either house of the 271 general assembly, any legislative agency, a state institution of 272 higher education as defined in section 3345.031 of the Revised 273 Code, any other state agency, or any political subdivision or any 274 office or agency of a political subdivision pays membership dues; 275 (9) Except as otherwise provided in section 102.022 of the 277 Revised Code, identification of the source of payment of expenses 278 for meals and other food and beverages, other than for meals and 279 other food and beverages provided at a meeting at which the 280 8 person participated in a panel, seminar, or speaking engagement 281 or at a meeting or convention of a national or state organization 282 to which either house of the general assembly, any legislative 283 agency, a state institution of higher education as defined in 284 section 3345.031 of the Revised Code, any other state agency, or 285 any political subdivision or any office or agency of a political 286 subdivision pays membership dues, that are incurred in connection 287 with the person's official duties and that exceed one hundred 288 dollars aggregated per calendar year; 289 (10) If the financial disclosure statement is filed by a 291 public official or employee described in division (B)(2) of 292 section 101.73 of the Revised Code or division (B)(2) of section 293 121.63 of the Revised Code who receives a statement from a 294 legislative agent, executive agency lobbyist, or employer that 295 contains the information described in division (F)(2) of section 296 101.73 of the Revised Code or division (G)(2) of section 121.63 297 of the Revised Code, all of the nondisputed information contained 298 in the statement delivered to that public official or employee by 299 the legislative agent, executive agency lobbyist, or employer 300 under division (F)(2) of section 101.73 or (G)(2) of section 301 121.63 of the Revised Code. As used in division (A)(10) of this 302 section, legislative agent, executive agency lobbyist, and 304 employer have the same meanings as in sections 101.70 and 121.60 306 of the Revised Code. A person may file a statement required by this section in 308 person or by mail. A person who is a candidate for elective 309 office shall file the statement no later than the thirtieth day 311 before the primary, special, or general election at which the 313 candidacy is to be voted on, whichever election occurs soonest, 315 except that a person who is a write-in candidate shall file the 316 statement no later than the twentieth day before the earliest 317 election at which the person's candidacy is to be voted on. A 319 person who holds elective office shall file the statement on or 320 before the fifteenth day of April of each year unless the person 322 9 is a candidate for office. A person who is appointed to fill a 324 vacancy for an unexpired term in an elective office shall file 325 the statement within fifteen days after the person qualifies for 327 office. Other persons shall file an annual statement on or 329 before the fifteenth day of April or, if appointed or employed 330 after that date, within ninety days after appointment or 331 employment. No person shall be required to file with the 332 appropriate ethics commission more than one statement or pay more 333 than one filing fee for any one calendar year. 334 The appropriate ethics commission, for good cause, may 336 extend for a reasonable time the deadline for filing a disclosure 337 statement under this section. 338 A statement filed under this section is subject to public 340 inspection at locations designated by the appropriate ethics 341 commission except as otherwise provided in this section. 342 (B) The Ohio ethics commission, the joint legislative 344 ethics committee, and the board of commissioners on grievances 345 and discipline of the supreme court, using the rule-making 346 procedures of Chapter 119. of the Revised Code, may require any 347 class of public officials or employees under its jurisdiction and 348 not specifically excluded by this section whose positions involve 349 a substantial and material exercise of administrative discretion 350 in the formulation of public policy, expenditure of public funds, 351 enforcement of laws and rules of the state or a county or city, 352 or the execution of other public trusts, to file an annual 353 statement on or before the fifteenth day of April under division 354 (A) of this section. The appropriate ethics commission shall 355 send the public officials or employees written notice of the 356 requirement by the fifteenth day of February of each year the 357 filing is required unless the public official or employee is 358 appointed after that date, in which case the notice shall be sent 359 within thirty days after appointment, and the filing shall be 360 made not later than ninety days after appointment. 361DisclosureEXCEPT FOR DISCLOSURE STATEMENTS FILED BY 365 10 MEMBERS OF THE BOARD OF TRUSTEES AND THE EXECUTIVE DIRECTOR OF 366 THE TOBACCO USE PREVENTION AND CONTROL FOUNDATION, MEMBERS OF THE BOARD OF TRUSTEES AND THE EXECUTIVE DIRECTOR OF THE SOUTHERN OHIO 367 AGRICULTURAL AND COMMUNITY DEVELOPMENT FOUNDATION, AND MEMBERS 368 AND THE EXECUTIVE DIRECTOR OF THE BIOMEDICAL RESEARCH AND 369 TECHNOLOGY TRANSFER COMMISSION, DISCLOSURE statements filed under 371 this division with the Ohio ethics commission by members of 372 boards, commissions, or bureaus of the state for which no 373 compensation is received other than reasonable and necessary 374 expenses shall be kept confidential. Disclosure statements filed 375 with the Ohio ethics commission under division (A) of this 376 section by business managers, treasurers, and superintendents of 377 city, local, exempted village, joint vocational, or cooperative 379 education school districts or educational service centers shall be kept confidential, except that any person conducting an audit 380 of any such school district pursuant to section 115.56 or Chapter 381 117. of the Revised Code may examine the disclosure statement of 382 any business manager, treasurer, or superintendent of that school 383 district or educational service center. The Ohio ethics 384 commission shall examine each disclosure statement required to be 385 kept confidential to determine whether a potential conflict of 386 interest exists for the person who filed the disclosure 387 statement. A potential conflict of interest exists if the 388 private interests of the person, as indicated by the person's 389 disclosure statement, might interfere with the public interests 391 the person is required to serve in the exercise of the person's 392 authority and duties in the person's office or position of 393 employment. If the commission determines that a potential 394 conflict of interest exists, it shall notify the person who filed 395 the disclosure statement and shall make the portions of the 396 disclosure statement that indicate a potential conflict of 397 interest subject to public inspection in the same manner as is 398 provided for other disclosure statements. Any portion of the 399 disclosure statement that the commission determines does not 400 11 indicate a potential conflict of interest shall be kept 401 confidential by the commission and shall not be made subject to 402 public inspection, except as is necessary for the enforcement of 403 Chapters 102. and 2921. of the Revised Code and except as 404 otherwise provided in this division. 405 (C) No person shall knowingly fail to file, on or before 407 the applicable filing deadline established under this section, a 408 statement that is required by this section. 409 (D) No person shall knowingly file a false statement that 411 is required to be filed under this section. 412 (E)(1) Except as provided in divisions (E)(2) and (3) of 414 this section, on and after March 2, 1994, the statement required 415 by division (A) or (B) of this section shall be accompanied by a 417 filing fee of twenty-five dollars. 418 (2) The statement required by division (A) of this section 420 shall be accompanied by a filing fee to be paid by the person who 421 is elected or appointed to or is a candidate for any of the 422 following offices: 423 For state office, except member of 425 state board of education $50 426 For office of member of United States 427 congress or member of general assembly $25 428 For county office $25 429 For city office $10 430 For office of member of state board 431 of education $10 432 For office of member of city, local, 433 exempted village, or cooperative 434 education board of 435 education or educational service 436 center governing board $ 5 437 For position of business manager, 438 treasurer, or superintendent of 439 city, local, exempted village, joint 440 12 vocational, or cooperative education 441 school district or 442 educational service center $ 5 443 (3) No judge of a court of record or candidate for judge 445 of such a court, and no referee or magistrate serving a court of 446 record, shall be required to pay the fee required under division 447 (E)(1) or (2) or (F) of this section. 448 (4) For any public official who is appointed to a 450 nonelective office of the state and for any employee who holds a 451 nonelective position in a public agency of the state, the state 452 agency that is the primary employer of the state official or 453 employee shall pay the fee required under division (E)(1) or (F) 454 of this section. 455 (F) If a statement required to be filed under this section 457 is not filed by the date on which it is required to be filed, the 458 appropriate ethics commission shall assess the person required to 459 file the statement a late filing fee equal to one-half of the 460 applicable filing fee for each day the statement is not filed, 461 except that the total amount of the late filing fee shall not 462 exceed one hundred dollars. 463 (G)(1) The appropriate ethics commission other than the 465 Ohio ethics commission shall deposit all fees it receives under 466 divisions (E) and (F) of this section into the general revenue 467 fund of the state. 468 (2) The Ohio ethics commission shall deposit all receipts, 470 including, but not limited to, fees it receives under divisions 472 (E) and (F) of this section and all moneys it receives from 473 settlements under division (G) of section 102.06 of the Revised 474 Code, into the Ohio ethics commission fund, which is hereby 475 created in the state treasury. All moneys credited to the fund 476 shall be used solely for expenses related to the operation and 477 statutory functions of the commission. (H) Division (A) of this section does not apply to a 479 person elected or appointed to the office of precinct, ward, or 480 13 district committee member under Chapter 3517. of the Revised 481 Code; a presidential elector; a delegate to a national 482 convention; village or township officials and employees; any 483 physician or psychiatrist who is paid a salary or wage in 484 accordance with schedule C of section 124.15 or schedule E-2 of 485 section 124.152 of the Revised Code and whose primary duties do 486 not require the exercise of administrative discretion; or any 487 member of a board, commission, or bureau of any county or city 488 who receives less than one thousand dollars per year for serving 489 in that position. 490 Sec. 107.03. The governor shall submit to the general 499 assembly, not later than four weeks after its organization, a 500 state budget containing a complete financial plan for the ensuing 501 fiscal biennium, except that, in years of a new governor's 502 inauguration, the budget shall be submitted not later than the 503 fifteenth day of March. In years of a new governor's 504 inauguration, only the new governor shall submit a budget to the 505 general assembly. In addition to other things required by law, 506 the governor's budget shall contain: 507 (A) A general budget summary by function and agency 509 setting forth the proposed total expenses from each and all funds 510 and the anticipated resources for meeting such expenses; such 511 resources to include any available balances in the several funds 512 at the beginning of the biennium and a classification by totals 513 of all revenue receipts estimated to accrue during the biennium 514 under existing law and proposed legislation. 515 (B) A detailed statement showing the amounts recommended 517 to be appropriated from each fund for each fiscal year of the 518 biennium for current expenses, including, but not limited to, 519 personal services, supplies and materials, equipment, subsidies 520 and revenue distribution, merchandise for resale, transfers, and 521 nonexpense disbursements, obligations, interest on debt, and 522 retirement of debt, and for the biennium for capital outlay, to 523 the respective departments, offices, institutions, as defined in 524 14 section 121.01 of the Revised Code, and all other public 525 purposes; and, in comparative form, the actual expenses by source 526 of funds during each fiscal year of the previous two bienniums 527 for each such purpose. No alterations shall be made in the 528 requests for the legislative and judicial branches of the state 529 filed with the director of budget and management under section 531 126.02 of the Revised Code. If any amount of federal money is 532 recommended to be appropriated or has been expended for a purpose 533 for which state money also is recommended to be appropriated or 534 has been expended, the amounts of federal money and state money 535 involved shall be separately identified. (C) A detailed estimate of the revenue receipts in each 537 fund from each source under existing laws during each year of the 538 biennium; and, in comparative form, actual revenue receipts in 539 each fund from each source for each year of the two previous 540 bienniums; 541 (D) The estimated cash balance in each fund at the 543 beginning of the biennium covered by the budget; the estimated 544 liabilities outstanding against each such balance; and the 545 estimated net balance remaining and available for new 546 appropriations; 547 (E) A detailed estimate of the additional revenue receipts 549 in each fund from each source under proposed legislation, if 550 enacted, during each year of the biennium; 551 (F) A description of each tax expenditure; a detailed 553 estimate of the amount of revenues not available to the general 554 revenue fund under existing laws during each fiscal year of the 555 biennium covered by the budget due to the operation of each tax 556 expenditure; and, in comparative form, the amount of revenue not 557 available to the general revenue fund during each fiscal year of 558 the immediately preceding biennium due to the operation of each 559 tax expenditure. The report prepared by the department of 560 taxation pursuant to section 5703.48 of the Revised Code shall be 561 submitted to the general assembly as an appendix to the 562 15 governor's budget. As used in this division, "tax expenditure" 563 has the same meaning as in section 5703.48 of the Revised Code. 564 (G) A STATEMENT OF SPENDING EXPECTED TO BE MADE DURING THE 566 BIENNIUM FROM THE TOBACCO USE PREVENTION AND CONTROL ENDOWMENT 567 FUND AND THE SOUTHERN OHIO AGRICULTURAL AND COMMUNITY DEVELOPMENT 568 FOUNDATION ENDOWMENT FUND. TO THE EXTENT POSSIBLE, THE STATEMENT 569 SHALL BE IN THE SAME FORM AND CONTAIN THE SAME INFORMATION AS THE 571 STATEMENT ON RECOMMENDED APPROPRIATIONS AND ACTUAL EXPENSES UNDER 573 DIVISION (B) OF THIS SECTION. THE GOVERNOR MAY SUBMIT THE 574 STATEMENT SEPARATELY FROM THE DOCUMENT CONTAINING THE INFORMATION REQUIRED UNDER DIVISIONS (A) THROUGH (E) OF THIS SECTION. 576 Sec. 107.031. Until the first committee appointed under 585 division (C) of section 3317.012 of the Revised Code to reexamine 587 the cost of an adequate education makes its report to the office 589 of budget and management and the general assembly, the governor 590 shall ensure that among the various budget recommendations made 591 by the governor and the director of budget and management to the 592 general assembly each biennium there are recommendations for appropriations to the Ohio school facilities commission, 593 aggregating not less than three hundred million dollars per 594 fiscal year, EXCLUDING RECOMMENDATIONS FOR APPROPRIATIONS FROM 595 THE EDUCATION FACILITIES TRUST FUND, CREATED IN SECTION 183.26 OF 596 THE REVISED CODE, for constructing, acquiring, replacing, 597 reconstructing, or adding to classroom facilities, as such term 598 is defined in section 3318.01 of the Revised Code. Sec. 183.01. AS USED IN THIS CHAPTER: 600 (A) "TOBACCO MASTER SETTLEMENT AGREEMENT" MEANS THE 602 SETTLEMENT AGREEMENT (AND RELATED DOCUMENTS) ENTERED INTO ON 603 NOVEMBER 23, 1998 BY THE STATE AND LEADING UNITED STATES TOBACCO 604 PRODUCT MANUFACTURERS. 605 (B) "NET AMOUNTS CREDITED TO THE TOBACCO MASTER SETTLEMENT 607 AGREEMENT FUND" MEANS ALL AMOUNTS CREDITED TO THE TOBACCO MASTER 608 SETTLEMENT AGREEMENT FUND DURING A FISCAL YEAR, MINUS ALL AMOUNTS 609 REQUIRED TO BE TRANSFERRED UNDER SECTION 183.02 OF THE REVISED 611 16 CODE TO THE TOBACCO USE PREVENTION AND CESSATION TRUST FUND, THE LAW ENFORCEMENT IMPROVEMENTS TRUST FUND, THE SOUTHERN OHIO 613 AGRICULTURAL AND COMMUNITY DEVELOPMENT TRUST FUND, AND THE INCOME 614 TAX REDUCTION FUND DURING THE FISCAL YEAR. (C) "SOUTHERN OHIO" INCLUDES ANY COUNTY IN THIS STATE 616 WHERE TOBACCO HAS TRADITIONALLY BEEN GROWN. 617 Sec. 183.02. THIS SECTION'S REFERENCES TO YEARS MEAN STATE 619 FISCAL YEARS. ALL PAYMENTS RECEIVED BY THE STATE PURSUANT TO THE TOBACCO 622 MASTER SETTLEMENT AGREEMENT SHALL BE DEPOSITED INTO THE STATE TREASURY TO THE CREDIT OF THE TOBACCO MASTER SETTLEMENT AGREEMENT 623 FUND, WHICH IS HEREBY CREATED. ALL INVESTMENT EARNINGS OF THE 624 FUND SHALL ALSO BE CREDITED TO THE FUND. EXCEPT AS PROVIDED IN 625 DIVISION (I) OF THIS SECTION, PAYMENTS AND INTEREST CREDITED TO 626 THE FUND SHALL BE TRANSFERRED BY THE DIRECTOR OF BUDGET AND 627 MANAGEMENT AS FOLLOWS: 628 (A) OF THE PAYMENTS CREDITED TO THE TOBACCO MASTER 630 SETTLEMENT AGREEMENT FUND IN 2000 AND THE AMOUNTS CREDITED TO THE 631 FUND ANNUALLY FROM 2001 TO 2006 AND FROM 2012 TO 2014, THE 632 FOLLOWING AMOUNTS SHALL BE TRANSFERRED TO THE TOBACCO USE 633 PREVENTION AND CESSATION TRUST FUND, CREATED IN SECTION 183.03 OF 634 THE REVISED CODE: 635 YEAR AMOUNT 637 2000 (FIRST PAYMENT CREDITED) $104,855,222.85 638 2000 (SECOND PAYMENT CREDITED) 130,000,000.00 639 2001 135,000,000.00 640 2002 140,000,000.00 641 2003 150,000,000.00 642 2004 150,000,000.00 643 2005 150,000,000.00 644 2006 150,000,000.00 645 2012 150,000,000.00 646 2013 150,000,000.00 647 2014 90,144,777.15 648 17 (B) OF THE PAYMENTS CREDITED TO THE TOBACCO MASTER 651 SETTLEMENT AGREEMENT FUND IN 2000 AND THE AMOUNTS CREDITED TO THE 652 FUND IN 2001, THE FOLLOWING AMOUNTS SHALL BE TRANSFERRED TO THE 654 LAW ENFORCEMENT IMPROVEMENTS TRUST FUND, CREATED IN SECTION 655 183.10 OF THE REVISED CODE: YEAR AMOUNT 658 2000 (FIRST PAYMENT CREDITED) $10,000,000 659 2000 (SECOND PAYMENT CREDITED) 10,000,000 660 2001 5,000,000 661 (C) FIVE PER CENT OF THE AMOUNT OF THE PAYMENTS CREDITED 664 TO THE TOBACCO MASTER SETTLEMENT AGREEMENT FUND ANNUALLY FROM 665 2000 TO 2011, AFTER THAT AMOUNT HAS BEEN REDUCED BY ANY TRANSFERS 667 DURING THE YEAR TO THE INCOME TAX REDUCTION FUND UNDER DIVISION 668 (J) OF THIS SECTION, SHALL BE TRANSFERRED TO THE SOUTHERN OHIO 670 AGRICULTURAL AND COMMUNITY DEVELOPMENT TRUST FUND, CREATED IN 671 SECTION 183.11 OF THE REVISED CODE. 672 (D) THE FOLLOWING PERCENTAGES OF THE NET AMOUNTS CREDITED 674 TO THE TOBACCO MASTER SETTLEMENT AGREEMENT FUND ANNUALLY SHALL BE 675 TRANSFERRED TO OHIO'S PUBLIC HEALTH PRIORITIES TRUST FUND, 676 CREATED IN SECTION 183.18 OF THE REVISED CODE: 677 YEAR PERCENTAGE 679 2000 6.00 680 2001 7.50 681 2002 6.00 682 2003 6.50 683 2004 9.50 684 2005 10.00 685 2006 10.50 686 2007 6.00 687 2008 6.00 688 2009 6.25 689 2010 6.50 690 2011 6.75 691 2012 12.00 692 18 2013 12.50 693 2014 14.60 694 2015 TO 2025 15.85 695 (E) THE FOLLOWING PERCENTAGES OF THE NET AMOUNTS CREDITED 698 TO THE TOBACCO MASTER SETTLEMENT AGREEMENT FUND ANNUALLY SHALL BE 699 TRANSFERRED TO THE BIOMEDICAL RESEARCH AND TECHNOLOGY TRANSFER 700 TRUST FUND, CREATED IN SECTION 183.19 OF THE REVISED CODE: 702 YEAR PERCENTAGE 704 2000 3.00 705 2001 15.75 706 2002 11.75 707 2003 12.00 708 2004 16.75 709 2005 17.50 710 2006 18.00 711 2007 15.00 712 2008 13.75 713 2009 13.75 714 2010 13.75 715 2011 13.75 716 2012 21.50 717 2013 21.50 718 2014 26.00 719 2015 TO 2025 27.00 720 (F) THE FOLLOWING PERCENTAGES OF THE NET AMOUNTS CREDITED 723 TO THE TOBACCO MASTER SETTLEMENT AGREEMENT FUND ANNUALLY, LESS 724 FIVE MILLION DOLLARS PER YEAR, SHALL BE TRANSFERRED TO THE 725 EDUCATION FACILITIES TRUST FUND, CREATED IN SECTION 183.26 OF THE 726 REVISED CODE: 727 YEAR PERCENTAGE 729 2000 82.75 730 2001 70.00 731 2002 74.00 732 2003 73.75 733 19 2004 69.00 734 2005 68.25 735 2006 67.75 736 2007 75.00 737 2008 74.75 738 2009 74.75 739 2010 74.75 740 2011 74.75 741 2012 49.60 742 (G) OF THE NET AMOUNTS CREDITED TO THE TOBACCO MASTER 745 SETTLEMENT AGREEMENT FUND ANNUALLY, FROM 2000 TO 2012 FIVE 746 MILLION DOLLARS PER YEAR SHALL BE TRANSFERRED TO THE EDUCATION 747 FACILITIES ENDOWMENT FUND, CREATED IN SECTION 183.27 OF THE 748 REVISED CODE. FROM 2013 TO 2025, THE FOLLOWING PERCENTAGES OF 750 THE NET AMOUNTS CREDITED TO THE TOBACCO MASTER SETTLEMENT 751 AGREEMENT FUND ANNUALLY SHALL BE TRANSFERRED TO THE ENDOWMENT FUND: 752 YEAR PERCENTAGE 754 2013 49.60 755 2014 43.60 756 2015 TO 2025 40.90 757 (H) THE FOLLOWING PERCENTAGES OF THE NET AMOUNTS CREDITED 760 TO THE TOBACCO MASTER SETTLEMENT AGREEMENT FUND ANNUALLY SHALL BE 761 TRANSFERRED TO THE EDUCATION TECHNOLOGY TRUST FUND, CREATED IN 762 SECTION 183.28 OF THE REVISED CODE: 763 YEAR PERCENTAGE 765 2000 8.25 766 2001 6.75 767 2002 8.25 768 2003 7.75 769 2004 4.75 770 2005 4.25 771 2006 3.75 772 2007 4.00 773 20 2008 5.50 774 2009 5.25 775 2010 5.00 776 2011 4.75 777 2012 16.90 778 2013 16.40 779 2014 15.80 780 2015 TO 2025 16.25 781 (I) IF IN ANY YEAR FROM 2001 TO 2014 THE PAYMENTS AND 784 INTEREST CREDITED TO THE TOBACCO MASTER SETTLEMENT AGREEMENT FUND 785 DURING THE YEAR AMOUNT TO LESS THAN THE AMOUNTS REQUIRED TO BE 786 TRANSFERRED TO THE TOBACCO USE PREVENTION AND CESSATION TRUST 787 FUND AND THE SOUTHERN OHIO AGRICULTURAL AND COMMUNITY DEVELOPMENT 788 TRUST FUND THAT YEAR, THE DIRECTOR OF BUDGET AND MANAGEMENT SHALL 789 MAKE NONE OF THE TRANSFERS REQUIRED BY DIVISIONS (A) TO (H) OF 791 THIS SECTION. (J) IF IN ANY YEAR FROM 2000 TO 2025 THE PAYMENTS CREDITED 793 TO THE TOBACCO MASTER SETTLEMENT AGREEMENT FUND DURING THE YEAR 794 EXCEED THE FOLLOWING AMOUNTS, THE DIRECTOR OF BUDGET AND 795 MANAGEMENT SHALL TRANSFER THE EXCESS TO THE INCOME TAX REDUCTION 796 FUND, CREATED IN SECTION 131.44 OF THE REVISED CODE: 797 YEAR AMOUNT 800 2000 $443,892,767.51 801 2001 348,780,049.22 802 2002 418,783,038.09 803 2003 422,746,366.61 804 2004 352,827,184.57 805 2005 352,827,184.57 806 2006 352,827,184.57 807 2007 352,827,184.57 808 2008 TO 2017 383,779,323.15 809 2018 TO 2025 403,202,282.16 810 Sec. 183.021. (A) NO MONEY FROM THE TOBACCO MASTER 813 SETTLEMENT AGREEMENT FUND SHALL BE EXPENDED TO DO ANY OF THE 814 21 FOLLOWING: (1) HIRE AN EXECUTIVE AGENCY LOBBYIST, AS DEFINED UNDER 816 SECTION 121.60 OF THE REVISED CODE, OR A LEGISLATIVE AGENT, AS 817 DEFINED UNDER SECTION 101.70 OF THE REVISED CODE; 818 (2) SUPPORT OR OPPOSE CANDIDATES, BALLOT QUESTIONS, 820 REFERENDUMS, OR BALLOT INITIATIVES. 821 (B) NOTHING IN THIS SECTION PROHIBITS ANY OF THE FOLLOWING 823 FROM ADVOCATING ON BEHALF OF THE SPECIFIC OBJECTIVES OF A PROGRAM 824 FUNDED UNDER THIS CHAPTER: 825 (1) THE MEMBERS OF THE BOARD OF TRUSTEES, EXECUTIVE 827 DIRECTOR, OR EMPLOYEES OF THE TOBACCO USE PREVENTION AND CONTROL 828 FOUNDATION; (2) THE MEMBERS OF THE BOARD OF TRUSTEES, EXECUTIVE 830 DIRECTOR, OR EMPLOYEES OF THE SOUTHERN OHIO AGRICULTURAL AND 831 COMMUNITY DEVELOPMENT FOUNDATION; 832 (3) THE MEMBERS, EXECUTIVE DIRECTOR, OR EMPLOYEES OF THE 834 BIOMEDICAL RESEARCH AND TECHNOLOGY TRANSFER COMMISSION. 835 Sec. 183.03. THE TOBACCO USE PREVENTION AND CESSATION 837 TRUST FUND IS HEREBY CREATED IN THE STATE TREASURY. MONEY 838 CREDITED TO THE FUND SHALL BE USED AS PROVIDED IN SECTIONS 183.04 839 TO 183.10 OF THE REVISED CODE. ALL INVESTMENT EARNINGS OF THE 841 FUND SHALL BE CREDITED TO THE FUND. 842 Sec. 183.04. THERE IS HEREBY CREATED THE TOBACCO USE 844 PREVENTION AND CONTROL FOUNDATION, THE GENERAL MANAGEMENT OF 845 WHICH IS VESTED IN A BOARD OF TRUSTEES OF TWENTY MEMBERS AS 846 FOLLOWS: (A) EIGHT MEMBERS WHO ARE HEALTH PROFESSIONALS, HEALTH 848 RESEARCHERS, OR REPRESENTATIVES OF HEALTH ORGANIZATIONS. TWO OF 849 THESE MEMBERS SHALL BE APPOINTED BY THE GOVERNOR, TWO BY THE 850 SPEAKER OF THE HOUSE OF REPRESENTATIVES, ONE BY THE MINORITY 851 LEADER OF THE HOUSE OF REPRESENTATIVES, TWO BY THE PRESIDENT OF 852 THE SENATE, AND ONE BY THE MINORITY LEADER OF THE SENATE. 854 (B) TWO MEMBERS, ONE OF WHOM HAS EXPERIENCE IN FINANCIAL 856 PLANNING AND ACCOUNTING AND ONE OF WHOM HAS EXPERIENCE IN MEDIA 857 22 AND MASS MARKETING, WHO SHALL BE APPOINTED BY THE GOVERNOR; 858 (C) ONE MEMBER, WHO SHALL BE APPOINTED BY THE GOVERNOR 860 FROM A LIST OF AT LEAST THREE INDIVIDUALS RECOMMENDED BY THE 861 AMERICAN CANCER SOCIETY; 862 (D) ONE MEMBER, WHO SHALL BE APPOINTED BY THE GOVERNOR 864 FROM A LIST OF AT LEAST THREE INDIVIDUALS RECOMMENDED BY THE 865 AMERICAN HEART ASSOCIATION; 866 (E) ONE MEMBER, WHO SHALL BE APPOINTED BY THE GOVERNOR 868 FROM A LIST OF AT LEAST THREE INDIVIDUALS RECOMMENDED BY THE 869 AMERICAN LUNG ASSOCIATION; 870 (F) ONE MEMBER, WHO SHALL BE APPOINTED BY THE GOVERNOR 872 FROM A LIST OF AT LEAST THREE INDIVIDUALS RECOMMENDED BY THE 873 ASSOCIATION OF HOSPITALS AND HEALTH SYSTEMS; 874 (G) ONE MEMBER, WHO SHALL BE APPOINTED BY THE GOVERNOR 876 FROM A LIST OF AT LEAST THREE INDIVIDUALS RECOMMENDED BY THE OHIO 877 STATE MEDICAL ASSOCIATION; 879 (H) ONE MEMBER, WHO SHALL BE APPOINTED BY THE GOVERNOR 881 FROM A LIST OF AT LEAST THREE INDIVIDUALS RECOMMENDED BY THE 882 ASSOCIATION OF OHIO HEALTH COMMISSIONERS; 883 (I) ONE MEMBER, WHO SHALL BE APPOINTED BY THE GOVERNOR 886 FROM A LIST OF AT LEAST THREE INDIVIDUALS RECOMMENDED BY THE OHIO 887 DENTAL ASSOCIATION; (J) THE DIRECTOR OF HEALTH, EXECUTIVE DIRECTOR OF THE 889 COMMISSION ON MINORITY HEALTH, AND ATTORNEY GENERAL, WHO SHALL 890 SERVE AS EX OFFICIO MEMBERS. 891 THE APPOINTMENTS OF THE GOVERNOR SHALL BE WITH THE ADVICE 893 AND CONSENT OF THE SENATE. 894 TERMS OF OFFICE FOR THE MEMBERS APPOINTED BY THE GOVERNOR, 896 PRESIDENT, SPEAKER, AND MINORITY LEADERS SHALL BE FOR FIVE YEARS. 897 EACH MEMBER SHALL HOLD OFFICE FROM THE DATE OF APPOINTMENT UNTIL 899 THE END OF THE TERM FOR WHICH THE MEMBER WAS APPOINTED. ANY 900 MEMBER APPOINTED TO FILL A VACANCY OCCURRING PRIOR TO THE 901 EXPIRATION OF THE TERM FOR WHICH THE MEMBER'S PREDECESSOR WAS 902 APPOINTED SHALL HOLD OFFICE FOR THE REMAINDER OF THAT TERM. ANY 903 23 MEMBER SHALL CONTINUE IN OFFICE SUBSEQUENT TO THE EXPIRATION DATE 904 OF THE MEMBER'S TERM UNTIL THE MEMBER'S SUCCESSOR TAKES OFFICE, 905 OR UNTIL A PERIOD OF SIXTY DAYS HAS ELAPSED, WHICHEVER OCCURS 906 FIRST. A VACANCY IN AN UNEXPIRED TERM SHALL BE FILLED IN THE 907 SAME MANNER AS THE ORIGINAL APPOINTMENT. THE GOVERNOR MAY REMOVE 908 ANY MEMBER FOR MALFEASANCE, MISFEASANCE, OR NONFEASANCE AFTER A 909 HEARING IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE. 911 THE MEMBERS OF THE BOARD SHALL SERVE WITHOUT COMPENSATION 913 BUT SHALL RECEIVE THEIR REASONABLE AND NECESSARY EXPENSES 914 INCURRED IN THE CONDUCT OF FOUNDATION BUSINESS. 915 SECTION 101.84 OF THE REVISED CODE DOES NOT APPLY TO THE 917 FOUNDATION. 918 Sec. 183.05. THE BOARD OF TRUSTEES OF THE TOBACCO USE 920 PREVENTION AND CONTROL FOUNDATION SHALL SELECT A CHAIRPERSON FROM 921 AMONG ITS MEMBERS AND SHALL MEET ONCE DURING EACH QUARTER OR AT 922 SUCH OTHER TIMES AS THE BOARD DECIDES. A MAJORITY OF THE MEMBERS 923 OF THE BOARD CONSTITUTES A QUORUM, AND NO ACTION SHALL BE TAKEN 924 WITHOUT THE AFFIRMATIVE VOTE OF A MAJORITY OF THE MEMBERS. 925 Sec. 183.06. THE BOARD OF TRUSTEES OF THE TOBACCO USE 927 PREVENTION AND CONTROL FOUNDATION SHALL APPOINT AND SET THE 928 COMPENSATION OF AN EXECUTIVE DIRECTOR AND OTHER EMPLOYEES NEEDED 929 TO CARRY OUT THE DUTIES OF THE FOUNDATION. BEFORE ENTERING UPON 930 THE DISCHARGE OF THE DUTIES OF OFFICE, THE EXECUTIVE DIRECTOR 931 SHALL GIVE A BOND TO THE STATE, TO BE APPROVED BY THE GOVERNOR, 932 CONDITIONED FOR THE FAITHFUL PERFORMANCE OF THE DUTIES OF OFFICE. 933 THE EXECUTIVE DIRECTOR AND THE OTHER EMPLOYEES OF THE FOUNDATION 934 ARE STATE EMPLOYEES AND SERVE IN THE UNCLASSIFIED SERVICE. 935 Sec. 183.07. THE TOBACCO USE PREVENTION AND CONTROL 937 FOUNDATION SHALL PREPARE A PLAN TO REDUCE TOBACCO USE BY OHIOANS, 938 WITH EMPHASIS ON REDUCING THE USE OF TOBACCO BY YOUTH, MINORITY 939 AND REGIONAL POPULATIONS, PREGNANT WOMEN, AND OTHERS WHO MAY BE 940 DISPROPORTIONATELY AFFECTED BY THE USE OF TOBACCO. THE PLAN 941 SHALL COVER A PERIOD OF AT LEAST FIVE YEARS AND BE UPDATED 942 ANNUALLY. AT A MINIMUM, THE PLAN SHALL CONTAIN BASELINE DATA FOR 943 24 TOBACCO USE BY OHIOANS AND ESTABLISH OUTCOME OBJECTIVES FOR 944 REDUCING TOBACCO USE BY OHIOANS DURING THE PERIOD COVERED BY THE 945 PLAN. THE PLAN MAY PROVIDE FOR PERIODIC SURVEYS TO MEASURE 947 TOBACCO USE AND BEHAVIOR TOWARD TOBACCO USE BY OHIOANS. COPIES 948 OF THE PLAN SHALL BE AVAILABLE TO THE PUBLIC. 949 THE PLAN MAY ALSO DESCRIBE YOUTH TOBACCO CONSUMPTION 951 PREVENTION PROGRAMS TO BE ELIGIBLE FOR CONSIDERATION FOR GRANTS 952 FROM THE FOUNDATION AND MAY SET FORTH THE CRITERIA BY WHICH 953 APPLICATIONS FOR GRANTS FOR SUCH PROGRAMS WILL BE CONSIDERED BY 954 THE FOUNDATION. PROGRAMS ELIGIBLE FOR CONSIDERATION MAY INCLUDE: 955 (A) MEDIA CAMPAIGNS DIRECTED TO YOUTH TO PREVENT UNDERAGE 957 TOBACCO CONSUMPTION; 958 (B) SCHOOL-BASED EDUCATION PROGRAMS TO PREVENT YOUTH 960 TOBACCO CONSUMPTION; 961 (C) COMMUNITY-BASED YOUTH PROGRAMS INVOLVING YOUTH TOBACCO 963 CONSUMPTION PREVENTION THROUGH GENERAL YOUTH DEVELOPMENT; 964 (D) RETAILER EDUCATION AND COMPLIANCE EFFORTS TO PREVENT 966 YOUTH TOBACCO CONSUMPTION; 967 (E) MENTORING PROGRAMS DESIGNED TO PREVENT OR REDUCE 969 TOBACCO USE BY STUDENTS. 970 PURSUANT TO THE PLAN, THE FOUNDATION SHALL CARRY OUT, OR 972 PROVIDE FUNDING FOR PRIVATE OR PUBLIC AGENCIES TO CARRY OUT, 973 RESEARCH AND PROGRAMS RELATED TO TOBACCO USE PREVENTION AND 974 CESSATION. THE FOUNDATION SHALL ESTABLISH AN OBJECTIVE PROCESS 975 TO DETERMINE WHICH RESEARCH AND PROGRAM PROPOSALS TO FUND. WHEN 976 APPROPRIATE, PROPOSALS FOR RESEARCH SHALL BE PEER-REVIEWED. NO 977 PROGRAM SHALL BE CARRIED OUT OR FUNDED BY THE FOUNDATION UNLESS 978 THERE IS RESEARCH THAT INDICATES THAT THE PROGRAM IS LIKELY TO 979 ACHIEVE THE RESULTS DESIRED. ALL RESEARCH AND PROGRAMS FUNDED BY 980 THE FOUNDATION SHALL BE GOAL-ORIENTED AND INDEPENDENTLY AND 981 OBJECTIVELY EVALUATED ANNUALLY ON WHETHER IT IS MEETING ITS 982 GOALS. THE FOUNDATION SHALL CONTRACT FOR SUCH EVALUATIONS AND 983 FOR THE ANNUAL EVALUATION REQUIRED BY SECTION 183.09 OF THE 984 REVISED CODE AND SHALL ADOPT RULES UNDER CHAPTER 119. OF THE 986 25 REVISED CODE REGARDING CONFLICTS OF INTEREST IN THE RESEARCH AND 988 PROGRAMS IT FUNDS. THE FOUNDATION SHALL ENDEAVOR TO COORDINATE ITS RESEARCH 990 AND PROGRAMS WITH THE EFFORTS OF OTHER AGENCIES OF THIS STATE TO 991 REDUCE TOBACCO USE BY OHIOANS. ANY STATE AGENCY THAT CONDUCTS A 993 SURVEY THAT MEASURES TOBACCO USE OR BEHAVIOR TOWARD TOBACCO USE 994 BY OHIOANS SHALL SHARE THE RESULTS OF THE SURVEY WITH THE FOUNDATION. 995 Sec. 183.08. (A) THERE IS HEREBY CREATED THE TOBACCO USE 997 PREVENTION AND CONTROL ENDOWMENT FUND, WHICH SHALL BE IN THE 999 CUSTODY OF THE TREASURER OF STATE BUT SHALL NOT BE A PART OF THE 1,000 STATE TREASURY. THE ENDOWMENT FUND SHALL CONSIST OF AMOUNTS 1,001 APPROPRIATED FROM THE TOBACCO USE PREVENTION AND CESSATION TRUST 1,002 FUND, AS WELL AS GRANTS AND DONATIONS MADE TO THE TOBACCO USE 1,003 PREVENTION AND CONTROL FOUNDATION AND INVESTMENT EARNINGS OF THE 1,004 FUND. THE ENDOWMENT FUND SHALL BE USED BY THE FOUNDATION TO 1,005 CARRY OUT ITS DUTIES. 1,006 THE FOUNDATION IS THE TRUSTEE OF THE ENDOWMENT FUND. 1,008 DISBURSEMENTS FROM THE FUND SHALL BE PAID BY THE TREASURER OF 1,009 STATE ONLY UPON INSTRUMENTS DULY AUTHORIZED BY THE BOARD OF 1,010 TRUSTEES OF THE FOUNDATION. AT THE REQUEST OF THE FOUNDATION, 1,011 THE TREASURER OF STATE SHALL SELECT AND CONTRACT WITH ONE OR MORE 1,012 INVESTMENT MANAGERS TO INVEST ALL MONEY CREDITED TO THE FUND THAT 1,013 IS NOT CURRENTLY NEEDED FOR CARRYING OUT THE FUNCTIONS OF THE 1,014 FOUNDATION. THE ELIGIBLE LIST OF INVESTMENTS SHALL BE THE SAME 1,015 AS FOR THE PUBLIC EMPLOYEES RETIREMENT SYSTEM UNDER SECTION 1,016 145.11 OF THE REVISED CODE. ALL INVESTMENTS SHALL BE SUBJECT TO 1,017 THE SAME LIMITATIONS AND REQUIREMENTS AS THE RETIREMENT SYSTEM 1,019 UNDER THAT SECTION AND SECTIONS 145.112 AND 145.113 OF THE 1,020 REVISED CODE. (B) THE FOUNDATION SHALL BE SELF-SUSTAINING AND SHOULD NOT 1,022 EXPECT TO RECEIVE FUNDING FROM THE STATE BEYOND THE AMOUNTS 1,024 APPROPRIATED TO IT FROM THE TOBACCO USE PREVENTION AND CESSATION 1,025 TRUST FUND. 26 (C) THE FOUNDATION SHALL PROVIDE THE GOVERNOR OR OFFICE OF 1,027 BUDGET AND MANAGEMENT ANY INFORMATION REQUESTED FOR USE IN THE 1,028 STATEMENT REQUIRED UNDER DIVISION (G) OF SECTION 107.03 OF THE 1,030 REVISED CODE. Sec. 183.09. THE FISCAL YEAR OF THE TOBACCO USE PREVENTION 1,032 AND CONTROL FOUNDATION SHALL BE THE SAME AS THE FISCAL YEAR OF 1,033 THE STATE. WITHIN NINETY DAYS AFTER THE END OF EACH FISCAL YEAR, THE 1,035 FOUNDATION SHALL SUBMIT TO THE GOVERNOR AND THE GENERAL ASSEMBLY 1,036 BOTH OF THE FOLLOWING: 1,037 (A) A REPORT OF THE ACTIVITIES OF THE FOUNDATION DURING 1,039 THE PRECEDING FISCAL YEAR AND AN INDEPENDENT AND OBJECTIVE 1,040 EVALUATION OF THE PROGRESS BEING MADE BY THE FOUNDATION IN 1,041 REDUCING TOBACCO USE BY OHIOANS; 1,042 (B) A FINANCIAL REPORT OF THE FOUNDATION FOR THE PRECEDING 1,044 FISCAL YEAR, WHICH SHALL INCLUDE BOTH: 1,045 (1) INFORMATION ON THE AMOUNT AND PERCENTAGE OF OVERHEAD 1,047 AND ADMINISTRATIVE EXPENDITURES COMPARED TO PROGRAMMATIC 1,048 EXPENDITURES; (2) AN INDEPENDENT AUDITOR'S REPORT ON THE GENERAL PURPOSE 1,050 FINANCIAL STATEMENTS OF THE FOUNDATION. SUCH FINANCIAL 1,051 STATEMENTS SHALL BE PREPARED IN CONFORMITY WITH GENERALLY 1,052 ACCEPTED ACCOUNTING PRINCIPLES PRESCRIBED FOR GOVERNMENTAL 1,053 ENTITIES. Sec. 183.10. THE LAW ENFORCEMENT IMPROVEMENTS TRUST FUND 1,055 IS HEREBY CREATED IN THE STATE TREASURY. MONEY CREDITED TO THE 1,056 FUND SHALL BE USED BY THE ATTORNEY GENERAL TO MAINTAIN, UPGRADE, 1,057 AND MODERNIZE THE LAW ENFORCEMENT TRAINING AND LABORATORY 1,058 FACILITIES OF THE OFFICE OF THE ATTORNEY GENERAL. ALL INVESTMENT 1,059 EARNINGS OF THE FUND SHALL BE CREDITED TO THE FUND. 1,060 Sec. 183.11. THE SOUTHERN OHIO AGRICULTURAL AND COMMUNITY 1,062 DEVELOPMENT TRUST FUND IS HEREBY CREATED IN THE STATE TREASURY. 1,063 MONEY CREDITED TO THE FUND SHALL BE USED AS PROVIDED IN SECTIONS 1,064 183.12 TO 183.17 OF THE REVISED CODE. ALL INVESTMENT EARNINGS OF 1,066 27 THE FUND SHALL BE CREDITED TO THE FUND. 1,067 Sec. 183.12. THERE IS HEREBY CREATED THE SOUTHERN OHIO 1,069 AGRICULTURAL AND COMMUNITY DEVELOPMENT FOUNDATION, THE GENERAL 1,070 MANAGEMENT OF WHICH IS VESTED IN A BOARD OF TRUSTEES OF SIXTEEN 1,071 MEMBERS AS FOLLOWS: 1,072 (A) THE DIRECTOR OF AGRICULTURE, WHO SHALL BE THE 1,074 CHAIRPERSON OF THE FOUNDATION, DIRECTOR OF DEVELOPMENT, EXECUTIVE 1,075 DIRECTOR OF THE OHIO RURAL DEVELOPMENT PARTNERSHIP, DIRECTOR OF 1,076 THE OHIO STATE UNIVERSITY EXTENSION, AND A DESIGNEE OF THE 1,077 DIRECTOR OF AGRICULTURE, WHO SHALL SERVE AS EX OFFICIO OFFICERS; 1,078 (B) TWO RESIDENTS OF THE SOUTHERN OHIO REGION WITH 1,080 EXPERIENCE IN LOCAL AGRICULTURAL ECONOMIC DEVELOPMENT OR 1,082 COMMUNITY DEVELOPMENT APPOINTED BY THE GOVERNOR; 1,083 (C) THREE ACTIVE FARMERS FROM SOUTHERN OHIO APPOINTED BY 1,085 THE GOVERNOR; 1,087 (D) TWO MEMBERS OF THE SENATE APPOINTED BY THE PRESIDENT 1,090 OF THE SENATE, WHO SHALL BE NONVOTING; 1,091 (E) ONE MEMBER OF THE SENATE APPOINTED BY THE MINORITY 1,093 LEADER OF THE SENATE, WHO SHALL BE NONVOTING; 1,094 (F) TWO MEMBERS OF THE HOUSE OF REPRESENTATIVES APPOINTED 1,097 BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, WHO SHALL BE 1,099 NONVOTING; (G) ONE MEMBER OF THE HOUSE OF REPRESENTATIVES APPOINTED 1,101 BY THE MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES, WHO SHALL 1,103 BE NONVOTING. AT LEAST ONE MEMBER OF THE SENATE APPOINTED BY THE 1,105 PRESIDENT OF THE SENATE, AND AT LEAST ONE MEMBER OF THE HOUSE OF 1,106 REPRESENTATIVES APPOINTED BY THE SPEAKER OF THE HOUSE OF 1,107 REPRESENTATIVES, SHALL HAVE LEGISLATIVE DISTRICTS THAT ARE 1,108 LOCATED WHOLLY OR PARTIALLY IN SOUTHERN OHIO. 1,109 THE APPOINTMENTS OF THE GOVERNOR SHALL BE WITH THE ADVICE 1,111 AND CONSENT OF THE SENATE. 1,112 TERMS OF OFFICE FOR THE MEMBERS APPOINTED BY THE GOVERNOR 1,114 SHALL BE FOR FIVE YEARS. EACH SUCH MEMBER SHALL HOLD OFFICE FROM 1,115 28 THE DATE OF APPOINTMENT UNTIL THE END OF THE TERM FOR WHICH THE 1,116 MEMBER WAS APPOINTED. ANY MEMBER APPOINTED BY THE GOVERNOR TO 1,117 FILL A VACANCY OCCURRING PRIOR TO THE EXPIRATION OF THE TERM FOR 1,119 WHICH THE MEMBER'S PREDECESSOR WAS APPOINTED SHALL HOLD OFFICE 1,120 FOR THE REMAINDER OF SUCH TERM. ANY MEMBER APPOINTED BY THE 1,121 GOVERNOR SHALL CONTINUE IN OFFICE SUBSEQUENT TO THE EXPIRATION 1,122 DATE OF THE MEMBER'S TERM UNTIL THE MEMBER'S SUCCESSOR TAKES 1,123 OFFICE, OR UNTIL A PERIOD OF SIXTY DAYS HAS ELAPSED, WHICHEVER 1,124 OCCURS FIRST. THE GOVERNOR MAY REMOVE ANY MEMBER APPOINTED BY 1,126 THE GOVERNOR FOR MALFEASANCE, MISFEASANCE, OR NONFEASANCE AFTER A 1,128 HEARING IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE. 1,130 A VACANCY ON THE BOARD SHALL BE FILLED IN THE SAME MANNER 1,133 AS THE ORIGINAL APPOINTMENT. LEGISLATIVE MEMBERS OF THE BOARD SERVE AT THE PLEASURE OF THE MEMBER'S APPOINTING AUTHORITY. 1,134 THE MEMBERS OF THE BOARD SHALL SERVE WITHOUT COMPENSATION 1,136 BUT SHALL RECEIVE THEIR REASONABLE AND NECESSARY EXPENSES 1,137 INCURRED IN THE CONDUCT OF FOUNDATION BUSINESS. 1,138 SECTION 101.84 OF THE REVISED CODE DOES NOT APPLY TO THE 1,140 FOUNDATION. 1,141 Sec. 183.13. THE BOARD OF TRUSTEES OF THE SOUTHERN OHIO 1,143 AGRICULTURAL AND COMMUNITY DEVELOPMENT FOUNDATION SHALL MEET ONCE 1,144 DURING EACH QUARTER OR AT SUCH OTHER TIMES AS THE BOARD DECIDES. 1,146 A MAJORITY OF THE VOTING MEMBERS OF THE BOARD CONSTITUTES A QUORUM, AND NO ACTION SHALL BE TAKEN WITHOUT THE AFFIRMATIVE VOTE 1,148 OF A MAJORITY OF THE VOTING MEMBERS. Sec. 183.14. THE BOARD OF TRUSTEES OF THE SOUTHERN OHIO 1,150 AGRICULTURAL AND COMMUNITY DEVELOPMENT FOUNDATION SHALL APPOINT 1,151 AND SET THE COMPENSATION OF AN EXECUTIVE DIRECTOR AND OTHER 1,152 EMPLOYEES NEEDED TO CARRY OUT THE DUTIES OF THE FOUNDATION. 1,153 BEFORE ENTERING UPON THE DISCHARGE OF THE DUTIES OF OFFICE, THE 1,154 EXECUTIVE DIRECTOR SHALL GIVE A BOND TO THE STATE, TO BE APPROVED 1,155 BY THE GOVERNOR, CONDITIONED FOR THE FAITHFUL PERFORMANCE OF THE 1,156 DUTIES OF OFFICE. THE EXECUTIVE DIRECTOR AND THE OTHER EMPLOYEES 1,157 OF THE FOUNDATION ARE STATE EMPLOYEES AND SERVE IN THE 1,158 29 UNCLASSIFIED SERVICE. 1,159 Sec. 183.15. THE SOUTHERN OHIO AGRICULTURAL AND COMMUNITY 1,161 DEVELOPMENT FOUNDATION SHALL ENDEAVOR TO REPLACE THE PRODUCTION 1,162 OF TOBACCO IN SOUTHERN OHIO WITH THE PRODUCTION OF OTHER 1,163 AGRICULTURAL PRODUCTS AND TO MITIGATE THE ADVERSE ECONOMIC IMPACT 1,164 OF REDUCED TOBACCO PRODUCTION IN THE REGION BY PREPARING, 1,166 IMPLEMENTING, AND KEEPING CURRENT A PLAN TO DO ALL OF THE 1,168 FOLLOWING: (A) DEVELOP MEANS FOR TOBACCO GROWERS TO GROW OTHER 1,170 AGRICULTURAL PRODUCTS VOLUNTARILY; 1,171 (B) INCREASE THE VARIETY, QUANTITY, AND VALUE OF 1,173 AGRICULTURAL PRODUCTS OTHER THAN TOBACCO THAT ARE PRODUCED IN 1,174 THOSE PARTS OF THIS STATE WHERE TOBACCO HAS TRADITIONALLY BEEN 1,175 GROWN; (C) PRESERVE AGRICULTURAL LAND AND SOILS IN THOSE PARTS OF 1,177 THIS STATE WHERE TOBACCO HAS TRADITIONALLY BEEN GROWN; 1,178 (D) MAKE STRATEGIC INVESTMENTS IN COMMUNITIES THAT WILL BE 1,180 AFFECTED BY THE REDUCTION IN THE DEMAND FOR TOBACCO; 1,181 (E) PROVIDE EDUCATION AND TRAINING ASSISTANCE TO TOBACCO 1,183 GROWERS TO HELP THEM MAKE THE TRANSITION OUT OF TOBACCO 1,184 PRODUCTION. COPIES OF THE PLAN SHALL BE MADE AVAILABLE TO THE PUBLIC. 1,186 THE FOUNDATION SHALL MAKE GRANTS OR LOANS TO INDIVIDUALS, 1,188 PUBLIC AGENCIES, OR PRIVATELY OWNED COMPANIES TO CARRY OUT THE 1,189 PLAN. THE FOUNDATION SHALL ALSO ADOPT RULES UNDER CHAPTER 119. 1,190 OF THE REVISED CODE REGARDING CONFLICTS OF INTEREST IN THE MAKING 1,192 OF GRANTS OR LOANS. Sec. 183.16. (A) THERE IS HEREBY CREATED THE SOUTHERN 1,195 OHIO AGRICULTURAL AND COMMUNITY DEVELOPMENT FOUNDATION ENDOWMENT 1,196 FUND, WHICH SHALL BE IN THE CUSTODY OF THE TREASURER OF STATE BUT 1,197 SHALL NOT BE A PART OF THE STATE TREASURY. THE ENDOWMENT FUND 1,198 SHALL CONSIST OF AMOUNTS APPROPRIATED FROM THE SOUTHERN OHIO 1,199 AGRICULTURAL AND COMMUNITY DEVELOPMENT TRUST FUND, AS WELL AS 1,200 GRANTS AND DONATIONS MADE TO THE SOUTHERN OHIO AGRICULTURAL AND 1,202 30 COMMUNITY DEVELOPMENT FOUNDATION AND INVESTMENT EARNINGS OF THE 1,203 FUND. THE ENDOWMENT FUND SHALL BE USED BY THE FOUNDATION TO 1,204 CARRY OUT ITS DUTIES. 1,205 THE FOUNDATION IS THE TRUSTEE OF THE ENDOWMENT FUND. 1,207 DISBURSEMENTS FROM THE FUND SHALL BE PAID BY THE TREASURER OF 1,208 STATE ONLY UPON INSTRUMENTS DULY AUTHORIZED BY THE BOARD OF 1,209 TRUSTEES OF THE FOUNDATION. AT THE REQUEST OF THE FOUNDATION, 1,210 THE TREASURER OF STATE SHALL SELECT AND CONTRACT WITH ONE OR MORE 1,211 INVESTMENT MANAGERS TO INVEST ALL MONEY CREDITED TO THE FUND THAT 1,212 IS NOT CURRENTLY NEEDED FOR CARRYING OUT THE FUNCTIONS OF THE 1,213 FOUNDATION. THE ELIGIBLE LIST OF INVESTMENTS SHALL BE THE SAME 1,214 AS FOR THE PUBLIC EMPLOYEES RETIREMENT SYSTEM UNDER SECTION 1,215 145.11 OF THE REVISED CODE. ALL INVESTMENTS SHALL BE SUBJECT TO 1,217 THE SAME LIMITATIONS AND REQUIREMENTS AS THE RETIREMENT SYSTEM 1,218 UNDER THAT SECTION AND SECTIONS 145.112 AND 145.113 OF THE 1,219 REVISED CODE. 1,220 NO MONEY FROM THE SOUTHERN OHIO AGRICULTURAL AND COMMUNITY 1,222 DEVELOPMENT FOUNDATION ENDOWMENT FUND SHALL BE USED TO DIRECTLY 1,223 SUBSIDIZE THE GROWING OF TOBACCO. 1,224 (B) THE FOUNDATION SHALL PROVIDE THE GOVERNOR OR OFFICE OF 1,226 BUDGET AND MANAGEMENT ANY INFORMATION REQUESTED FOR USE IN THE 1,227 STATEMENT REQUIRED UNDER DIVISION (G) OF SECTION 107.03 OF THE 1,229 REVISED CODE. Sec. 183.17. THE FISCAL YEAR OF THE SOUTHERN OHIO 1,231 AGRICULTURAL AND COMMUNITY DEVELOPMENT FOUNDATION SHALL BE THE 1,232 SAME AS THE FISCAL YEAR OF THE STATE. 1,233 WITHIN NINETY DAYS AFTER THE END OF EACH FISCAL YEAR, THE 1,235 FOUNDATION SHALL SUBMIT TO THE GOVERNOR AND THE GENERAL ASSEMBLY 1,236 BOTH OF THE FOLLOWING: 1,237 (A) A REPORT OF THE ACTIVITIES OF THE FOUNDATION DURING 1,239 THE PRECEDING FISCAL YEAR. THE REPORT SHALL ALSO CONTAIN AN 1,240 INDEPENDENT EVALUATION OF THE PROGRESS BEING MADE BY THE 1,241 FOUNDATION IN CARRYING OUT ITS DUTIES. 1,242 (B) A FINANCIAL REPORT OF THE FOUNDATION FOR THE PRECEDING 1,244 31 YEAR, WHICH SHALL INCLUDE BOTH: 1,245 (1) INFORMATION ON THE AMOUNT AND PERCENTAGE OF OVERHEAD 1,247 AND ADMINISTRATIVE EXPENDITURES COMPARED TO PROGRAMMATIC 1,248 EXPENDITURES; (2) AN INDEPENDENT AUDITOR'S REPORT ON THE GENERAL PURPOSE 1,250 FINANCIAL STATEMENTS OF THE FOUNDATION. SUCH FINANCIAL 1,251 STATEMENTS SHALL BE PREPARED IN CONFORMITY WITH GENERALLY 1,252 ACCEPTED ACCOUNTING PRINCIPLES PRESCRIBED FOR GOVERNMENTAL 1,253 ENTITIES. ON OR BEFORE JULY 1, 2010, THE FOUNDATION SHALL REPORT TO 1,255 THE GOVERNOR AND THE GENERAL ASSEMBLY ON THE PROGRESS THAT THE 1,256 FOUNDATION HAS MADE IN REPLACING THE PRODUCTION OF TOBACCO IN 1,257 SOUTHERN OHIO WITH THE PRODUCTION OF OTHER AGRICULTURAL PRODUCTS 1,258 AND IN MITIGATING THE ADVERSE ECONOMIC IMPACT OF REDUCED TOBACCO 1,259 PRODUCTION IN THE REGION. IF THE FOUNDATION CONCLUDES THAT A 1,261 NEED FOR ADDITIONAL FUNDING STILL EXISTS, THE FOUNDATION MAY 1,262 REQUEST THAT PROVISION BE MADE FOR A PORTION OF THE PAYMENTS 1,263 CREDITED TO THE TOBACCO MASTER SETTLEMENT AGREEMENT FUND TO 1,264 CONTINUE TO BE TRANSFERRED TO THE SOUTHERN OHIO AGRICULTURAL AND 1,265 COMMUNITY DEVELOPMENT TRUST FUND. 1,266 Sec. 183.18. OHIO'S PUBLIC HEALTH PRIORITIES TRUST FUND IS 1,268 HEREBY CREATED IN THE STATE TREASURY. MONEY CREDITED TO THE FUND 1,269 SHALL BE USED FOR THE FOLLOWING PURPOSES: 1,270 (A) MINORITY HEALTH PROGRAMS, ON WHICH NOT LESS THAN 1,272 TWENTY-FIVE PER CENT OF THE ANNUAL APPROPRIATIONS FROM THE TRUST 1,273 FUND SHALL BE EXPENDED; 1,274 (B) ENFORCING SECTION 2927.02 OF THE REVISED CODE; 1,277 (C) ALCOHOL AND DRUG ABUSE PREVENTION PROGRAMS, INCLUDING 1,279 PROGRAMS FOR ADULT AND JUVENILE OFFENDERS IN STATE INSTITUTIONS 1,280 AND AFTERCARE PROGRAMS; 1,281 (D) A PROGRAM FUNDED THROUGH THE DEPARTMENT OF HEALTH TO 1,283 PROVIDE ASSISTANCE TO LOW-INCOME PERSONS WHOSE HEALTH HAS BEEN 1,284 ADVERSELY AFFECTED BY TOBACCO USE; 1,285 (E) PARTIAL REIMBURSEMENT, ON A COUNTY BASIS, OF 1,287 32 HOSPITALS, FREE MEDICAL CLINICS, AND SIMILAR ORGANIZATIONS OR 1,288 PROGRAMS THAT PROVIDE FREE, UNCOMPENSATED CARE TO THE GENERAL 1,289 PUBLIC, AND OF COUNTIES THAT PAY PRIVATE ENTITIES TO PROVIDE SUCH 1,291 CARE USING REVENUE FROM A PROPERTY TAX LEVIED AT LEAST IN PART 1,292 FOR THAT PURPOSE. ALL INVESTMENT EARNINGS OF THE FUND SHALL BE CREDITED TO 1,294 THE FUND. Sec. 183.19. THE BIOMEDICAL RESEARCH AND TECHNOLOGY 1,296 TRANSFER TRUST FUND IS HEREBY CREATED IN THE STATE TREASURY. 1,297 MONEY CREDITED TO THE FUND SHALL BE USED AS PROVIDED IN SECTIONS 1,298 183.20 TO 183.25 OF THE REVISED CODE. ALL INVESTMENT EARNINGS OF 1,299 THE FUND SHALL BE CREDITED TO THE FUND. 1,300 Sec. 183.20. THERE IS HEREBY CREATED THE BIOMEDICAL 1,302 RESEARCH AND TECHNOLOGY TRANSFER COMMISSION WITHIN THE OHIO BOARD 1,303 OF REGENTS. THE COMMISSION SHALL CONSIST OF TWENTY-THREE MEMBERS 1,304 AS FOLLOWS: (A) THE CHANCELLOR OF THE BOARD, DIRECTOR OF DEVELOPMENT, 1,306 DIRECTOR OF HEALTH, AND EXECUTIVE DIRECTOR OF THE COMMISSION ON 1,307 MINORITY HEALTH, WHO SHALL SERVE AS EX OFFICIO MEMBERS; 1,308 (B) ELEVEN MEMBERS, WHO SHALL NOT BE OR REPRESENT 1,310 POTENTIAL RECIPIENTS OF GRANTS FROM THE COMMISSION, APPOINTED AS 1,311 FOLLOWS: (1) FIVE MEMBERS, APPOINTED BY THE GOVERNOR, AT LEAST TWO 1,313 OF WHOM ARE EXPERTS IN COMMERCIALIZING THE RESULTS OF BIOMEDICAL 1,314 RESEARCH; (2) TWO MEMBERS APPOINTED BY THE SPEAKER OF THE HOUSE OF 1,316 REPRESENTATIVES; 1,317 (3) ONE MEMBER APPOINTED BY THE MINORITY LEADER OF THE 1,319 HOUSE OF REPRESENTATIVES; 1,320 (4) TWO MEMBERS APPOINTED BY THE PRESIDENT OF THE SENATE; 1,322 (5) ONE MEMBER APPOINTED BY THE MINORITY LEADER OF THE 1,324 SENATE. (C) EIGHT NONVOTING MEMBERS APPOINTED BY THE GOVERNOR, 1,326 REPRESENTING OHIO'S BIOMEDICAL RESEARCH INSTITUTIONS. 1,328 33 BEFORE MAKING THEIR APPOINTMENTS, THE GOVERNOR, SPEAKER, 1,330 PRESIDENT, AND MINORITY LEADERS SHALL SOLICIT, FROM THE STATE'S 1,331 MEDICAL COLLEGES, DENTAL COLLEGES, AND MEDICAL RESEARCH 1,332 INSTITUTIONS, THE NATIONAL INSTITUTES OF HEALTH, AND OTHER 1,334 SOURCES FAMILIAR WITH EXPERTS IN THE FIELD OF BIOMEDICAL RESEARCH 1,335 AND IN COMMERCIALIZING THE RESULTS OF SUCH RESEARCH, 1,336 RECOMMENDATIONS AS TO WHOM TO APPOINT. THE APPOINTMENTS OF THE GOVERNOR SHALL BE WITH THE ADVICE 1,338 AND CONSENT OF THE SENATE. 1,339 TERMS OF OFFICE FOR THE MEMBERS APPOINTED BY THE GOVERNOR, 1,341 PRESIDENT, SPEAKER, AND MINORITY LEADERS SHALL BE FOR FIVE YEARS. 1,342 EACH MEMBER SHALL HOLD OFFICE FROM THE DATE OF APPOINTMENT UNTIL 1,344 THE END OF THE TERM FOR WHICH THE MEMBER WAS APPOINTED. ANY 1,345 MEMBER APPOINTED TO FILL A VACANCY OCCURRING PRIOR TO THE 1,346 EXPIRATION OF THE TERM FOR WHICH THE MEMBER'S PREDECESSOR WAS 1,347 APPOINTED SHALL HOLD OFFICE FOR THE REMAINDER OF SUCH TERM. ANY 1,348 MEMBER SHALL CONTINUE IN OFFICE SUBSEQUENT TO THE EXPIRATION DATE 1,349 OF THE MEMBER'S TERM UNTIL THE MEMBER'S SUCCESSOR TAKES OFFICE, 1,350 OR UNTIL A PERIOD OF SIXTY DAYS HAS ELAPSED, WHICHEVER OCCURS 1,351 FIRST. A VACANCY IN AN UNEXPIRED TERM SHALL BE FILLED IN THE 1,352 SAME MANNER AS THE ORIGINAL APPOINTMENT. THE GOVERNOR MAY REMOVE 1,353 ANY MEMBER FOR MALFEASANCE, MISFEASANCE, OR NONFEASANCE AFTER A 1,354 HEARING IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE. 1,356 THE MEMBERS OF THE COMMISSION SHALL SERVE WITHOUT 1,358 COMPENSATION BUT SHALL RECEIVE THEIR REASONABLE AND NECESSARY 1,359 EXPENSES INCURRED IN THE CONDUCT OF COMMISSION BUSINESS. 1,360 SECTION 101.84 OF THE REVISED CODE DOES NOT APPLY TO THE 1,362 COMMISSION. 1,363 Sec. 183.21. THE BIOMEDICAL RESEARCH AND TECHNOLOGY 1,365 TRANSFER COMMISSION SHALL SELECT A CHAIRPERSON FROM AMONG ITS 1,366 MEMBERS AND SHALL MEET ONCE DURING EACH QUARTER OR AT SUCH OTHER 1,367 TIMES AS THE BOARD DECIDES. A MAJORITY OF THE MEMBERS OF THE 1,368 COMMISSION CONSTITUTES A QUORUM, AND NO ACTION SHALL BE TAKEN 1,369 WITHOUT THE AFFIRMATIVE VOTE OF A MAJORITY OF THE MEMBERS. 1,370 34 Sec. 183.22. THE BIOMEDICAL RESEARCH AND TECHNOLOGY 1,372 TRANSFER COMMISSION SHALL APPOINT AND SET THE COMPENSATION OF AN 1,373 EXECUTIVE DIRECTOR AND OTHER EMPLOYEES NEEDED TO CARRY OUT THE 1,374 DUTIES OF THE COMMISSION. BEFORE ENTERING UPON THE DISCHARGE OF 1,375 THE DUTIES OF OFFICE, THE EXECUTIVE DIRECTOR SHALL GIVE A BOND TO 1,376 THE STATE, TO BE APPROVED BY THE GOVERNOR, CONDITIONED FOR THE 1,377 FAITHFUL PERFORMANCE OF THE DUTIES OF OFFICE. THE EXECUTIVE 1,378 DIRECTOR AND THE OTHER EMPLOYEES OF THE COMMISSION ARE STATE 1,379 EMPLOYEES AND SERVE IN THE UNCLASSIFIED SERVICE. 1,380 Sec. 183.23. THE BOARD OF REGENTS SHALL PROVIDE OFFICE 1,382 SPACE AND FACILITIES FOR THE BIOMEDICAL RESEARCH AND TECHNOLOGY 1,383 TRANSFER COMMISSION. ANY ADMINISTRATIVE COSTS ASSOCIATED WITH 1,384 THE OPERATION OF THE COMMISSION SHALL BE PAID FROM AMOUNTS 1,386 APPROPRIATED FROM THE BIOMEDICAL RESEARCH AND TECHNOLOGY TRANSFER 1,387 TRUST FUND, CREATED BY SECTION 183.19 OF THE REVISED CODE. 1,388 Sec. 183.24. THE BIOMEDICAL RESEARCH AND TECHNOLOGY 1,390 TRANSFER COMMISSION SHALL PERIODICALLY MAKE STRATEGIC ASSESSMENTS 1,391 OF THE TYPES OF STATE INVESTMENTS IN BIOMEDICAL RESEARCH AND 1,392 BIOTECHNOLOGY IN THIS STATE THAT WOULD BE LIKELY TO CREATE JOBS 1,393 AND BUSINESS OPPORTUNITIES AND PRODUCE THE MOST BENEFICIAL 1,394 LONG-TERM IMPROVEMENTS TO THE PUBLIC HEALTH OF OHIOANS. ONE AREA 1,395 OF FOCUS FOR THE COMMISSION SHALL BE BIOMEDICAL RESEARCH AND 1,396 BIOTECHNOLOGY INITIATIVES THAT ADDRESS TOBACCO-RELATED ILLNESSES. 1,397 THE ASSESSMENTS SHALL BE AVAILABLE TO THE PUBLIC AND SHALL BE 1,398 USED BY THE COMMISSION TO GUIDE ITS DECISIONS ON AWARDING GRANTS. 1,399 THE COMMISSION SHALL ESTABLISH A COMPETITIVE PROCESS FOR THE 1,400 AWARD OF GRANTS THAT IS DESIGNED TO FUND THE MOST MERITORIOUS 1,401 PROPOSALS AND, WHEN APPROPRIATE, PROVIDE FOR PEER REVIEW OF 1,402 PROPOSALS. THE COMMISSION MAY MAKE GRANTS TO INDIVIDUALS, PUBLIC 1,403 AGENCIES, PRIVATE COMPANIES OR ORGANIZATIONS, OR JOINT VENTURES 1,404 FOR ANY OF A BROAD RANGE OF ACTIVITIES RELATED TO BIOMEDICAL 1,405 RESEARCH AND TECHNOLOGY TRANSFER. PRIORITY SHALL BE GIVEN TO 1,406 PROPOSALS THAT WOULD LEVERAGE ADDITIONAL PRIVATE AND PUBLIC 1,407 FUNDING RESOURCES. THE COMMISSION SHALL ADOPT RULES UNDER 1,408 35 CHAPTER 119. OF THE REVISED CODE REGARDING CONFLICTS OF INTEREST 1,409 IN THE AWARDING OF GRANTS. 1,410 WHEN APPROPRIATE, THE COMMISSION SHALL COORDINATE ITS 1,412 ACTIVITIES WITH THOSE OF THE TOBACCO USE PREVENTION AND CONTROL 1,413 FOUNDATION. Sec. 183.25. WITHIN NINETY DAYS AFTER THE END OF EACH 1,415 FISCAL YEAR, THE BIOMEDICAL RESEARCH AND TECHNOLOGY TRANSFER 1,416 COMMISSION SHALL SUBMIT TO THE GOVERNOR AND THE GENERAL ASSEMBLY 1,417 A REPORT OF THE ACTIVITIES OF THE COMMISSION DURING THE PRECEDING 1,418 FISCAL YEAR. Sec. 183.26. THE EDUCATION FACILITIES TRUST FUND IS HEREBY 1,420 CREATED IN THE STATE TREASURY. MONEY CREDITED TO THE FUND SHALL 1,421 BE USED TO PAY COSTS OF, OR TO PROVIDE THE STATE'S SHARE OF THE 1,422 COSTS OF, CONSTRUCTING, RENOVATING, OR REPAIRING PRIMARY AND 1,423 SECONDARY SCHOOLS. ALL INVESTMENT EARNINGS OF THE FUND SHALL BE 1,424 CREDITED TO THE FUND. 1,425 Sec. 183.27. THE EDUCATION FACILITIES ENDOWMENT FUND IS 1,427 HEREBY CREATED IN THE STATE TREASURY. IT IS THE INTENT OF THE 1,428 GENERAL ASSEMBLY TO MAINTAIN THE FUND AS A PERMANENT SOURCE OF 1,429 REVENUE FOR CONSTRUCTING, RENOVATING, OR REPAIRING PRIMARY AND 1,430 SECONDARY SCHOOLS IN THIS STATE. AT THE BEGINNING OF EACH 1,431 QUARTER, ALL INVESTMENT EARNINGS OF THE ENDOWMENT FUND EARNED 1,432 DURING THE IMMEDIATELY PRECEDING QUARTER SHALL BE CREDITED TO THE 1,433 EDUCATION FACILITIES TRUST FUND. Sec. 183.28. THE EDUCATION TECHNOLOGY TRUST FUND IS HEREBY 1,435 CREATED IN THE STATE TREASURY. MONEY CREDITED TO THE FUND SHALL 1,436 BE USED TO PAY COSTS OF NEW AND INNOVATIVE TECHNOLOGY FOR PRIMARY 1,437 AND SECONDARY EDUCATION, INCLUDING CHARTERED NONPUBLIC SCHOOLS, 1,438 AND HIGHER EDUCATION, INCLUDING STATE INSTITUTIONS OF HIGHER 1,439 EDUCATION AND PRIVATE NONPROFIT INSTITUTIONS OF HIGHER EDUCATION 1,440 HOLDING CERTIFICATES OF AUTHORIZATION UNDER SECTION 1713.02 OF 1,441 THE REVISED CODE. ALL INVESTMENT EARNINGS OF THE FUND SHALL BE 1,443 CREDITED TO THE FUND. Sec. 183.29. THE TREASURER OF STATE SHALL, EXCEPT FOR ANY 1,446 36 PETTY CASH FUNDS, KEEP ALL MONEY RECEIVED FROM TOBACCO MASTER 1,448 SETTLEMENT AGREEMENT PAYMENTS OR FROM DISTRIBUTIONS UNDER THIS 1,449 CHAPTER THAT IS NEEDED TO MEET CURRENT DEMANDS FOR THE MONEY 1,450 UNDER THIS CHAPTER, IN PUBLIC DEPOSITORIES OF THE ACTIVE DEPOSITS 1,451 OF PUBLIC MONEYS OF THE STATE, AS SUCH TERMS ARE USED IN CHAPTER 1,452 135. OF THE REVISED CODE. Sec. 183.30. (A) NO MORE THAN FIVE PER CENT OF THE TOTAL 1,454 EXPENDITURES OF THE TOBACCO USE PREVENTION AND CONTROL FOUNDATION 1,455 IN A FISCAL YEAR SHALL BE FOR ADMINISTRATIVE EXPENSES OF THE 1,456 FOUNDATION. 1,457 (B) NO MORE THAN FIVE PER CENT OF THE TOTAL EXPENDITURES 1,459 OF THE SOUTHERN OHIO AGRICULTURAL AND COMMUNITY DEVELOPMENT 1,460 FOUNDATION IN A FISCAL YEAR SHALL BE FOR ADMINISTRATIVE EXPENSES 1,461 OF THE FOUNDATION. 1,462 (C) NO MORE THAN FIVE PER CENT OF THE TOTAL EXPENDITURES 1,464 OF THE BIOMEDICAL RESEARCH AND TECHNOLOGY TRANSFER COMMISSION IN 1,465 A FISCAL YEAR SHALL BE FOR ADMINISTRATIVE EXPENSES OF THE 1,466 COMMISSION. Sec. 183.31. (A) A PUBLIC OR PRIVATE AGENCY THAT RECEIVES 1,468 FUNDING FROM THE TOBACCO USE PREVENTION AND CONTROL FOUNDATION 1,469 SHALL EXPEND NO MORE THAN TEN PER CENT OF THAT FUNDING ON 1,470 ADMINISTRATIVE EXPENSES. 1,471 (B) AN INDIVIDUAL, PUBLIC AGENCY, OR PRIVATELY OWNED 1,473 COMPANY THAT RECEIVES A GRANT OR LOAN FROM THE SOUTHERN OHIO 1,474 AGRICULTURAL AND COMMUNITY DEVELOPMENT FOUNDATION SHALL EXPEND NO 1,475 MORE THAN TEN PER CENT OF THAT GRANT OR LOAN ON ADMINISTRATIVE 1,477 EXPENSES. (C) AN INDIVIDUAL, PUBLIC AGENCY, PRIVATE COMPANY OR 1,479 ORGANIZATION, OR JOINT VENTURE THAT RECEIVES A GRANT FROM THE 1,480 BIOMEDICAL RESEARCH AND TECHNOLOGY TRANSFER COMMISSION SHALL 1,481 EXPEND NO MORE THAN TEN PER CENT OF THAT GRANT ON ADMINISTRATIVE 1,482 EXPENSES. 1,483 Sec. 183.32. IN JANUARY EVERY SIX YEARS BEGINNING IN 2012, 1,485 THE PRESIDENT OF THE SENATE SHALL APPOINT THREE SENATORS AND THE 1,486 37 SPEAKER OF THE HOUSE OF REPRESENTATIVES SHALL APPOINT THREE 1,487 MEMBERS OF THE HOUSE OF REPRESENTATIVES TO A COMMITTEE TO 1,488 REEXAMINE THE USE OF TOBACCO MASTER SETTLEMENT AGREEMENT FUNDS. 1,489 NO MORE THAN TWO MEMBERS APPOINTED BY THE PRESIDENT SHALL BE FROM 1,490 THE SAME POLITICAL PARTY AS THE PRESIDENT, AND NO MORE THAN TWO 1,491 MEMBERS APPOINTED BY THE SPEAKER SHALL BE FROM THE SAME POLITICAL 1,492 PARTY AS THE SPEAKER. 1,493 THE COMMITTEE SHALL DETERMINE IF THIS CHAPTER'S 1,495 DISTRIBUTION AND USES OF REVENUE RECEIVED UNDER THE TOBACCO 1,496 MASTER SETTLEMENT AGREEMENT ADEQUATELY REFLECT THE STATE'S 1,497 PRIORITIES. WITHIN NINE MONTHS OF ITS FORMATION, THE COMMITTEE 1,498 SHALL REPORT TO THE GENERAL ASSEMBLY ANY CHANGES IT RECOMMENDS BE 1,499 MADE TO THIS CHAPTER. THE COMMITTEE SHALL CEASE TO EXIST AFTER 1,500 MAKING ITS REPORT. Sec. 183.33. NO MONEY SHALL BE APPROPRIATED OR TRANSFERRED 1,502 FROM THE GENERAL REVENUE FUND TO THE TOBACCO MASTER SETTLEMENT 1,503 AGREEMENT FUND, TOBACCO USE PREVENTION AND CESSATION TRUST FUND, 1,504 TOBACCO USE PREVENTION AND CONTROL ENDOWMENT FUND, LAW 1,505 ENFORCEMENT IMPROVEMENTS TRUST FUND, SOUTHERN OHIO AGRICULTURAL 1,506 AND COMMUNITY DEVELOPMENT TRUST FUND, SOUTHERN OHIO AGRICULTURAL 1,507 AND COMMUNITY DEVELOPMENT FOUNDATION ENDOWMENT FUND, OHIO'S 1,508 PUBLIC HEALTH PRIORITIES TRUST FUND, BIOMEDICAL RESEARCH AND 1,509 TECHNOLOGY TRANSFER TRUST FUND, EDUCATION FACILITIES TRUST FUND, 1,510 EDUCATION FACILITIES ENDOWMENT FUND, OR EDUCATION TECHNOLOGY 1,511 TRUST FUND. IN ADDITION, NO MONEY SHALL BE OTHERWISE 1,512 APPROPRIATED OR TRANSFERRED FROM THE GENERAL REVENUE FUND FOR THE 1,513 USE OF THE TOBACCO USE PREVENTION AND CONTROL FOUNDATION OR THE 1,514 SOUTHERN OHIO AGRICULTURAL AND COMMUNITY DEVELOPMENT FOUNDATION. 1,515 Sec. 5145.32. (A) AS USED IN THIS SECTION: 1,517 (1) "SMOKE" MEANS TO BURN ANY SUBSTANCE CONTAINING 1,519 TOBACCO, INCLUDING, BUT NOT LIMITED TO, A LIGHTED CIGARETTE, 1,520 CIGAR, OR PIPE. 1,521 (2) "STATE CORRECTIONAL INSTITUTION" HAS THE SAME MEANING 1,523 AS IN SECTION 2967.01 OF THE REVISED CODE AND INCLUDES A PRISON 1,524 38 THAT IS PRIVATELY OPERATED AND MANAGED PURSUANT TO A CONTRACT THE 1,525 DEPARTMENT OF REHABILITATION AND CORRECTION ENTERS INTO UNDER 1,526 SECTION 9.06 OF THE REVISED CODE. (3) "USE TOBACCO" MEANS TO CHEW OR MAINTAIN ANY SUBSTANCE 1,528 CONTAINING TOBACCO, INCLUDING SMOKELESS TOBACCO, IN THE MOUTH TO 1,529 DERIVE THE EFFECTS OF TOBACCO. 1,530 (B) NO PERSON SHALL SMOKE OR USE TOBACCO IN A BUILDING OF 1,532 A STATE CORRECTIONAL INSTITUTION THAT FIRST BEGINS TO HOUSE 1,535 PRISONERS ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION. 1,536 (C)(1) DIVISION (C) OF THIS SECTION APPLIES TO THE 1,538 CORRECTIONS MEDICAL CENTER IN COLUMBUS, THE OHIO STATE 1,539 PENITENTIARY IN YOUNGSTOWN, AND THE NORTH COAST CORRECTIONAL 1,541 TREATMENT FACILITY IN GRAFTON. (2) NO PERSON SHALL SMOKE OR USE TOBACCO ON ANY PROPERTY 1,543 UNDER THE CONTROL OF AN INSTITUTION TO WHICH THIS DIVISION 1,544 APPLIES. (3) NO PERSON SHALL POSSESS TOBACCO OR HAVE TOBACCO UNDER 1,546 THE PERSON'S CONTROL ON ANY PROPERTY UNDER THE CONTROL OF AN 1,547 INSTITUTION TO WHICH THIS DIVISION APPLIES. 1,548 (D)(1) DIVISION (D) OF THIS SECTION APPLIES TO THE LAKE 1,551 ERIE CORRECTIONAL INSTITUTION, TOLEDO CORRECTIONAL INSTITUTION, 1,553 HOCKING CORRECTIONAL FACILITY, OAKWOOD CORRECTIONAL FACILITY, 1,554 NORTHEAST PRE-RELEASE CENTER, FRANKLIN PRE-RELEASE CENTER, AND 1,556 MONTGOMERY EDUCATION PRE-RELEASE CENTER. 1,557 (2) NO PERSON SHALL SMOKE OR USE TOBACCO IN A BUILDING OF 1,559 AN INSTITUTION TO WHICH THIS DIVISION APPLIES. 1,560 (E)(1) THE DIRECTOR OF REHABILITATION AND CORRECTION SHALL 1,562 DESIGNATE AT LEAST ONE TOBACCO-FREE HOUSING AREA WITHIN EACH 1,563 STATE CORRECTIONAL INSTITUTION THAT IS NOT IDENTIFIED IN DIVISION 1,564 (B), (C), OR (D) OF THIS SECTION. 1,565 (2) NO PERSON SHALL SMOKE OR USE TOBACCO IN AN AREA 1,567 DESIGNATED BY THE DIRECTOR UNDER DIVISION (E)(1) OF THIS SECTION. 1,568 (F) A VIOLATION OF DIVISION (B), (C)(2) OR (3), (D)(2), OR 1,571 (E)(2) OF THIS SECTION IS NOT A CRIMINAL OFFENSE. THE DEPARTMENT 1,573 39 OF REHABILITATION AND CORRECTION SHALL ADOPT RULES THAT ESTABLISH 1,574 PROCEDURES FOR THE ENFORCEMENT OF THOSE DIVISIONS AND THAT 1,576 ESTABLISH DISCIPLINARY MEASURES FOR A VIOLATION OF THOSE 1,577 DIVISIONS. (G) THE DEPARTMENT MAY DESIGNATE LOCATIONS AT WHICH IT IS 1,579 PERMISSIBLE TO SMOKE OR USE TOBACCO OUTSIDE OF A BUILDING OF AN 1,580 INSTITUTION IDENTIFIED IN DIVISION (B) OR (D)(1) OF THIS SECTION. 1,582 (H) THE DEPARTMENT SHALL PROVIDE SMOKING AND TOBACCO USAGE 1,584 CESSATION PROGRAMS FOR PRISONERS AT ALL STATE CORRECTIONAL 1,585 INSTITUTIONS, SUBJECT TO AVAILABLE FUNDING. 1,586 (I) THE DIRECTOR SHALL REVIEW THE PRACTICALITY OF 1,588 ELIMINATING ACCESS TO SMOKING OR TOBACCO USAGE IN SPECIALIZED 1,589 UNITS TO WHICH THIS SECTION'S PROHIBITIONS DO NOT OTHERWISE 1,590 APPLY. Section 2. That existing sections 102.02, 107.03, and 1,592 107.031 of the Revised Code are hereby repealed. 1,594 Section 3. All items in this section are hereby 1,596 appropriated as designated out of any moneys in the state 1,597 treasury to the credit of the Tobacco Master Settlement Agreement 1,598 Fund Group. For all appropriations made in this section, those 1,599 in the first column are for fiscal year 2000 and those in the second column are for fiscal year 2001. The appropriations made 1,600 in this section are in addition to any other appropriations made 1,601 for the 1999-2001 biennium. AGR DEPARTMENT OF AGRICULTURE 1,603 Tobacco Master Settlement Agreement Fund Group 1,605 K87 700-502 Southern Ohio 1,608 Agriculture and Community Development Foundation $ 0 $ 22,194,639 1,610 TOTAL TSF Tobacco Master 1,611 Settlement Agreement Fund 1,612 Group $ 0 $ 22,194,639 1,615 TOTAL ALL BUDGET FUND GROUPS $ 0 $ 22,194,639 1,618 40 Southern Ohio Agriculture and Community Development 1,621 Foundation The foregoing appropriation item 700-502, Southern Ohio 1,623 Agriculture and Community Development Foundation, shall be used 1,624 in accordance with sections 183.02 and 183.11 to 183.17 of the 1,625 Revised Code. The Director of Agriculture shall disburse moneys 1,626 appropriated in this appropriation item to the Southern Ohio 1,627 Agricultural and Community Development Foundation Endowment Fund created by section 183.16 of the Revised Code to be used by the 1,628 Southern Ohio Agricultural and Community Development Foundation 1,629 to carry out its duties. CEB CONTROLLING BOARD 1,631 Tobacco Master Settlement Agreement Fund Group 1,633 S87 911-405 Education Technology 1,636 Trust Fund $ 0 $ 13,764,540 1,638 TOTAL TSF Tobacco Master 1,639 Settlement Agreement Fund 1,640 Group $ 0 $ 13,764,540 1,643 TOTAL ALL BUDGET FUND GROUPS $ 0 $ 13,764,540 1,646 Education Technology Trust Fund 1,649 The Controlling Board may transfer to any appropriate state 1,651 agency portions of appropriation item 911-405, Education 1,652 Technology Trust Fund, upon receipt of an approved plan submitted 1,653 by the Director of Budget and Management. DOH DEPARTMENT OF HEALTH 1,655 Tobacco Master Settlement Agreement Fund Group 1,657 H87 440-502 Tobacco Use 1,660 Prevention and Control Foundation $ 0 $ 234,855,223 1,662 L87 440-403 Ohio's Public Health 1,664 Priorities Trust Fund $ 0 $ 10,010,574 1,666 TOTAL TSF Tobacco Master Settlement Agreement Fund 1,667 Group $ 0 $ 244,865,797 1,670 41 TOTAL ALL BUDGET FUND GROUPS $ 0 $ 244,865,797 1,673 Tobacco Use Prevention and Control Foundation 1,676 The foregoing appropriation item 440-502, Tobacco Use 1,678 Prevention and Control Foundation, shall be used in accordance 1,679 with sections 183.02 to 183.09 of the Revised Code. The Director 1,680 of Health shall disburse moneys appropriated in this 1,681 appropriation item to the Tobacco Use Prevention and Control Endowment Fund created by section 183.08 of the Revised Code to 1,682 be used by the Tobacco Use Prevention and Control Foundation to 1,683 carry out its duties. Ohio's Public Health Priorities Trust Fund 1,685 The Director of Budget and Management shall establish a 1,687 plan for the use of appropriation item 440-403, Ohio's Public 1,688 Health Priorities Trust Fund, for any of the purposes authorized 1,691 by section 183.18 of the Revised Code. Prior to disbursing the 1,692 appropriations in this appropriation item, the Director of Budget 1,693 and Management shall submit a plan for approval to the Controlling Board. The Director of Budget and Management shall 1,694 consult with the Director of Rehabilitation and Correction, the 1,697 Director of Health, the Director of Alcohol and Drug Addiction Services, the Attorney General, and the Executive Director of the 1,699 Commission on Minority Health. Upon approval of the plan by the Controlling Board, the 1,701 Director of Budget and Management may transfer to any appropriate 1,702 state agency portions of appropriation item 440-403, Ohio's 1,703 Public Health Priorities Trust Fund, for any of the purposes 1,705 authorized by section 183.18 of the Revised Code and the amounts 1,706 transferred are hereby appropriated. Within the limits set forth in this act, the Director of 1,708 Budget and Management shall establish accounts indicating the 1,709 source and amount of funds for each appropriation made in this 1,710 section, and shall determine the form and manner in which 1,711 appropriation accounts shall be maintained. Expenditures from appropriations contained in this section shall be accounted for 1,712 42 as though made in Am. Sub. H.B. 283 of the 123rd General 1,713 Assembly. The appropriations made in this section are subject to all 1,715 provisions of Am. Sub. H.B. 283 of the 123rd General Assembly 1,716 that are generally applicable to such appropriations. 1,717 Section 4. All items in this section are hereby 1,719 appropriated as designated out of any moneys in the state 1,720 treasury to the credit of the Tobacco Master Settlement Agreement 1,721 Fund Group. For all appropriations made in this section, those 1,722 in the first column are for fiscal year 2000 and those in the second column are for fiscal year 2001. The appropriations made 1,723 in this section are in addition to any other appropriations made 1,724 for the 1999-2001 biennium. BOR BOARD OF REGENTS 1,726 Tobacco Master Settlement Agreement Fund Group 1,728 M87 235-405 Biomedical Research 1,731 and Technology Transfer Commission $ 0 $ 5,005,288 1,733 TOTAL TSF Tobacco Master 1,734 Settlement Agreement Fund 1,735 Group $ 0 $ 5,005,288 1,738 TOTAL ALL BUDGET FUND GROUPS $ 0 $ 5,005,288 1,741 Within the limits set forth in this act, the Director of 1,744 Budget and Management shall establish accounts indicating the 1,745 source and amount of funds for each appropriation made in this 1,746 section, and shall determine the form and manner in which 1,747 appropriation accounts shall be maintained. Expenditures from appropriations contained in this section shall be accounted for 1,748 as though made in Am. Sub. H.B. 282 of the 123rd General 1,749 Assembly. The appropriations made in this section are subject to all 1,751 provisions of Am. Sub. H.B. 282 of the 123rd General Assembly 1,752 that are generally applicable to such appropriations. 1,753 Section 5. All items set forth in this section are hereby 1,755 43 appropriated out of any moneys in the state treasury to the 1,756 credit of the Law Enforcement Improvements Trust Fund (Fund J87) 1,757 that are not otherwise appropriated. Appropriations 1,758 AGO ATTORNEY GENERAL 1,760 CAP-716 Lab and Training Facility Improvements $ 2,000,000 1,764 Total Attorney General $ 2,000,000 1,766 TOTAL Law Enforcement Improvements Trust Fund $ 2,000,000 1,768 Section 6. All items set forth in this section are hereby 1,771 appropriated out of any moneys in the state treasury to the 1,772 credit of the Education Facilities Trust Fund (Fund N87) that are 1,773 not otherwise appropriated. Appropriations 1,774 SFC SCHOOL FACILITIES COMMISSION 1,776 CAP-780 Classroom Facilities Assistance 1,779 Program $ 262,001,238 1,780 Total School Facilities Commission $ 262,001,238 1,782 TOTAL Education Facilities Trust Fund $ 262,001,238 1,784 Section 7. Sections 5 and 6 of this act shall remain in 1,787 full force and effect commencing on July 1, 2000, and terminating 1,788 on June 30, 2002, for the purpose of drawing money from the state 1,789 treasury in payment of liabilities lawfully incurred thereunder, 1,790 and on June 30, 2002, and not before, the moneys appropriated 1,791 thereby shall lapse into the funds from which they are severally appropriated. 1,792 Section 8. The Tobacco Master Settlement Agreement Fund 1,794 created by section 183.02 of the Revised Code is the same as Fund 1,795 087, the Tobacco Master Settlement Agreement Fund created by the 1,796 Controlling Board in March 1999. 1,797 Section 9. The Governor, President and Minority Leader of 1,799 the Senate, and Speaker and Minority Leader of the House of 1,800 Representatives shall make their initial appointments to the 1,801 board of trustees of the Tobacco Use Prevention and Control 1,802 Foundation within 90 days after the effective date of this 1,803 44 section. Notwithstanding section 183.04 of the Revised Code: 1,804 (A) The Governor shall appoint one member under division 1,806 (A) of that section to an initial term ending one year after the 1,807 effective date of this section and one to an initial term ending 1,808 three years after the effective date of this section; the 1,810 President shall appoint one member to an initial term ending 1,811 three years after the effective date of this section and one to 1,812 an initial term ending five years after the effective date of 1,813 this section; the Minority Leader of the Senate shall appoint one 1,814 member to an initial term ending four years after the effective 1,815 date of this section; the Speaker shall appoint one member to an 1,816 initial term ending two years after the effective date of this 1,817 section and one to an initial term ending four years after the 1,818 effective date of this section; and the Minority Leader of the 1,819 House of Representatives shall appoint one member to an initial 1,821 term ending three years after the effective date of this section. 1,822 (B) The Governor shall appoint one member under division 1,824 (B) of that section to an initial term ending two years after the 1,825 effective date of this section and the other member to an initial 1,826 term ending four years after the effective date of this section. 1,827 (C) The Governor shall appoint the five members under 1,829 divisions (C) to (G) of that section to initial terms of office 1,830 ending one, two, three, four, and five years after the effective 1,831 date of this section. 1,832 (D) The Governor shall appoint the members under divisions 1,834 (H) and (I) of that section to initial terms ending five years 1,836 after the effective date of this section. (E) Thereafter, terms of office shall be for five years as 1,838 provided in section 183.04 of the Revised Code. 1,839 Section 10. The Governor, President and Minority Leader of 1,841 the Senate, and Speaker and Minority Leader of the House of 1,842 Representatives shall make their initial appointments to the 1,843 board of trustees of the Southern Ohio Agricultural and Community 1,844 Development Foundation within 90 days after the effective date of 1,845 45 this section. Notwithstanding section 183.12 of the Revised 1,846 Code: (A) The Governor shall appoint one member under divisions 1,848 (B) and (C) of that section to an initial term ending one year 1,849 after the effective date of this section, one to an initial term 1,850 ending two years after the effective date of this section, one to 1,851 an initial term ending three years after the effective date of 1,852 this section, one to an initial term ending four years after the 1,853 effective date of this section, and one to an initial term ending 1,854 five years after the effective date of this section. 1,855 (B) Thereafter, terms of office of these members shall be 1,857 for five years as provided in section 183.12 of the Revised Code. 1,858 Section 11. The Governor, President and Minority Leader of 1,860 the Senate, and Speaker and Minority Leader of the House of 1,861 Representatives shall make their initial appointments to the 1,862 Biomedical Research and Technology Transfer Commission within 90 1,863 days after the effective date of this section. Notwithstanding 1,864 section 183.20 of the Revised Code: 1,865 (A) The Governor shall appoint one member under division 1,867 (B)(1) of that section to an initial term ending one year after 1,868 the effective date of this section, one to an initial term ending 1,869 two years after the effective date of this section, one to an 1,870 initial term ending three years after the effective date of this 1,871 section, one to an initial term ending four years after the 1,872 effective date of this section, and one to an initial term ending 1,873 five years after the effective date of this section. 1,874 (B) The Speaker of the House of Representatives shall 1,876 appoint one member under division (B)(2) of that section to an 1,877 initial term ending one year after the effective date of this 1,878 section and one member to an initial term ending five years after 1,879 the effective date of this section. 1,880 (C) The Minority Leader of the House of Representatives 1,882 shall appoint one member under division (B)(3) of that section to 1,884 an initial term ending four years after the effective date of 1,885 46 this section. (D) The President of the Senate shall appoint one member 1,887 of the Commission under division (B)(4) of that section to an 1,888 initial term ending one year after the effective date of this 1,889 section and the other member to an initial term ending four years 1,890 after the effective date of this section. 1,891 (E) The Minority Leader of the Senate shall appoint one 1,893 member under division (B)(5) of that section to an initial term 1,894 ending three years after the effective date of this section. 1,895 (F) Thereafter, terms of office shall be for five years as 1,897 provided in section 183.20 of the Revised Code. 1,898 Section 12. The Legislative Budget Office of the 1,900 Legislative Service Commission shall study issues concerning the 1,901 availability of prescription drugs for low-income elderly Ohioans 1,902 who suffer from tobacco-related illnesses. The Legislative 1,903 Budget Office shall submit to the General Assembly a report on 1,904 its study within one year of the effective date of this section. 1,905 The report shall provide information on all of the following: 1,906 (A) What public and private resources and methods 1,908 currently are used by low-income elderly Ohioans to obtain 1,909 prescription drugs? The study shall examine the role of 1,910 Medicaid, including PASSPORT; Medicare; other federal programs; 1,911 private health insurance; and health clinics and hospitals. 1,912 (B) What are pertinent issues concerning prescription drug 1,914 cost, usage, and research and development? The study shall 1,915 examine average annual drug costs per person, average annual 1,916 costs per prescription, and trends for these two averages. The 1,917 study also shall present information on drugs with the highest 1,918 volume usage and drugs with the highest cost. 1,919 (C) How do physician practices affect prescription drug 1,921 cost and availability? 1,922 (D) How do managed care practices affect prescription drug 1,924 cost and availability? 1,925 (E) What are other states doing in this regard, and how do 1,927 47 the other states pay for it? 1,928 The report shall not include recommendations for 1,930 legislative action. 1,931