As Passed by the House 1
123rd General Assembly 4
Regular Session Am. 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-OGG-EVANS-BOYD-BRITTON 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
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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
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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
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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
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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
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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. 361
Disclosure EXCEPT FOR DISCLOSURE STATEMENTS FILED BY 365
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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
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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
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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 NON-ENTITLEMENT PROGRAM FUNDED THROUGH THE 1,283
DEPARTMENT OF HEALTH TO PROVIDE ASSISTANCE, WHICH MAY INCLUDE 1,285
MEDICATION, OXYGEN, OR BOTH, TO LOW-INCOME PERSONS OR SENIORS 1,286
WHOSE HEALTH HAS BEEN ADVERSELY AFFECTED BY TOBACCO USE, ON WHICH 1,287
32
NOT LESS THAN FIVE PER CENT OF THE ANNUAL APPROPRIATIONS FROM THE 1,288
TRUST FUND SHALL BE EXPENDED;
(E) PARTIAL REIMBURSEMENT, ON A COUNTY BASIS, OF 1,290
HOSPITALS, FREE MEDICAL CLINICS, AND SIMILAR ORGANIZATIONS OR 1,291
PROGRAMS THAT PROVIDE FREE, UNCOMPENSATED CARE TO THE GENERAL 1,292
PUBLIC, AND OF COUNTIES THAT PAY PRIVATE ENTITIES TO PROVIDE SUCH 1,294
CARE USING REVENUE FROM A PROPERTY TAX LEVIED AT LEAST IN PART 1,295
FOR THAT PURPOSE.
ALL INVESTMENT EARNINGS OF THE FUND SHALL BE CREDITED TO 1,297
THE FUND.
Sec. 183.19. THE BIOMEDICAL RESEARCH AND TECHNOLOGY 1,299
TRANSFER TRUST FUND IS HEREBY CREATED IN THE STATE TREASURY. 1,300
MONEY CREDITED TO THE FUND SHALL BE USED AS PROVIDED IN SECTIONS 1,301
183.20 TO 183.25 OF THE REVISED CODE. ALL INVESTMENT EARNINGS OF 1,302
THE FUND SHALL BE CREDITED TO THE FUND. 1,303
Sec. 183.20. THERE IS HEREBY CREATED THE BIOMEDICAL 1,305
RESEARCH AND TECHNOLOGY TRANSFER COMMISSION WITHIN THE OHIO BOARD 1,306
OF REGENTS. THE COMMISSION SHALL CONSIST OF TWENTY-THREE MEMBERS 1,307
AS FOLLOWS:
(A) THE CHANCELLOR OF THE BOARD, DIRECTOR OF DEVELOPMENT, 1,309
DIRECTOR OF HEALTH, AND EXECUTIVE DIRECTOR OF THE COMMISSION ON 1,310
MINORITY HEALTH, WHO SHALL SERVE AS EX OFFICIO MEMBERS; 1,311
(B) ELEVEN MEMBERS, WHO SHALL NOT BE OR REPRESENT 1,313
POTENTIAL RECIPIENTS OF GRANTS FROM THE COMMISSION, APPOINTED AS 1,314
FOLLOWS:
(1) FIVE MEMBERS, APPOINTED BY THE GOVERNOR, AT LEAST TWO 1,316
OF WHOM ARE EXPERTS IN COMMERCIALIZING THE RESULTS OF BIOMEDICAL 1,317
RESEARCH;
(2) TWO MEMBERS APPOINTED BY THE SPEAKER OF THE HOUSE OF 1,319
REPRESENTATIVES; 1,320
(3) ONE MEMBER APPOINTED BY THE MINORITY LEADER OF THE 1,322
HOUSE OF REPRESENTATIVES; 1,323
(4) TWO MEMBERS APPOINTED BY THE PRESIDENT OF THE SENATE; 1,325
(5) ONE MEMBER APPOINTED BY THE MINORITY LEADER OF THE 1,327
33
SENATE.
(C) EIGHT NONVOTING MEMBERS APPOINTED BY THE GOVERNOR, 1,329
REPRESENTING OHIO'S BIOMEDICAL RESEARCH INSTITUTIONS. 1,331
BEFORE MAKING THEIR APPOINTMENTS, THE GOVERNOR, SPEAKER, 1,333
PRESIDENT, AND MINORITY LEADERS SHALL SOLICIT, FROM THE STATE'S 1,334
MEDICAL COLLEGES, DENTAL COLLEGES, AND MEDICAL RESEARCH 1,335
INSTITUTIONS, THE NATIONAL INSTITUTES OF HEALTH, AND OTHER 1,337
SOURCES FAMILIAR WITH EXPERTS IN THE FIELD OF BIOMEDICAL RESEARCH 1,338
AND IN COMMERCIALIZING THE RESULTS OF SUCH RESEARCH, 1,339
RECOMMENDATIONS AS TO WHOM TO APPOINT.
THE APPOINTMENTS OF THE GOVERNOR SHALL BE WITH THE ADVICE 1,341
AND CONSENT OF THE SENATE. 1,342
TERMS OF OFFICE FOR THE MEMBERS APPOINTED BY THE GOVERNOR, 1,344
PRESIDENT, SPEAKER, AND MINORITY LEADERS SHALL BE FOR FIVE YEARS. 1,345
EACH MEMBER SHALL HOLD OFFICE FROM THE DATE OF APPOINTMENT UNTIL 1,347
THE END OF THE TERM FOR WHICH THE MEMBER WAS APPOINTED. ANY 1,348
MEMBER APPOINTED TO FILL A VACANCY OCCURRING PRIOR TO THE 1,349
EXPIRATION OF THE TERM FOR WHICH THE MEMBER'S PREDECESSOR WAS 1,350
APPOINTED SHALL HOLD OFFICE FOR THE REMAINDER OF SUCH TERM. ANY 1,351
MEMBER SHALL CONTINUE IN OFFICE SUBSEQUENT TO THE EXPIRATION DATE 1,352
OF THE MEMBER'S TERM UNTIL THE MEMBER'S SUCCESSOR TAKES OFFICE, 1,353
OR UNTIL A PERIOD OF SIXTY DAYS HAS ELAPSED, WHICHEVER OCCURS 1,354
FIRST. A VACANCY IN AN UNEXPIRED TERM SHALL BE FILLED IN THE 1,355
SAME MANNER AS THE ORIGINAL APPOINTMENT. THE GOVERNOR MAY REMOVE 1,356
ANY MEMBER FOR MALFEASANCE, MISFEASANCE, OR NONFEASANCE AFTER A 1,357
HEARING IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE. 1,359
THE MEMBERS OF THE COMMISSION SHALL SERVE WITHOUT 1,361
COMPENSATION BUT SHALL RECEIVE THEIR REASONABLE AND NECESSARY 1,362
EXPENSES INCURRED IN THE CONDUCT OF COMMISSION BUSINESS. 1,363
SECTION 101.84 OF THE REVISED CODE DOES NOT APPLY TO THE 1,365
COMMISSION. 1,366
Sec. 183.21. THE BIOMEDICAL RESEARCH AND TECHNOLOGY 1,368
TRANSFER COMMISSION SHALL SELECT A CHAIRPERSON FROM AMONG ITS 1,369
MEMBERS AND SHALL MEET ONCE DURING EACH QUARTER OR AT SUCH OTHER 1,370
34
TIMES AS THE BOARD DECIDES. A MAJORITY OF THE MEMBERS OF THE 1,371
COMMISSION CONSTITUTES A QUORUM, AND NO ACTION SHALL BE TAKEN 1,372
WITHOUT THE AFFIRMATIVE VOTE OF A MAJORITY OF THE MEMBERS. 1,373
Sec. 183.22. THE BIOMEDICAL RESEARCH AND TECHNOLOGY 1,375
TRANSFER COMMISSION SHALL APPOINT AND SET THE COMPENSATION OF AN 1,376
EXECUTIVE DIRECTOR AND OTHER EMPLOYEES NEEDED TO CARRY OUT THE 1,377
DUTIES OF THE COMMISSION. BEFORE ENTERING UPON THE DISCHARGE OF 1,378
THE DUTIES OF OFFICE, THE EXECUTIVE DIRECTOR SHALL GIVE A BOND TO 1,379
THE STATE, TO BE APPROVED BY THE GOVERNOR, CONDITIONED FOR THE 1,380
FAITHFUL PERFORMANCE OF THE DUTIES OF OFFICE. THE EXECUTIVE 1,381
DIRECTOR AND THE OTHER EMPLOYEES OF THE COMMISSION ARE STATE 1,382
EMPLOYEES AND SERVE IN THE UNCLASSIFIED SERVICE. 1,383
Sec. 183.23. THE BOARD OF REGENTS SHALL PROVIDE OFFICE 1,385
SPACE AND FACILITIES FOR THE BIOMEDICAL RESEARCH AND TECHNOLOGY 1,386
TRANSFER COMMISSION. ANY ADMINISTRATIVE COSTS ASSOCIATED WITH 1,387
THE OPERATION OF THE COMMISSION SHALL BE PAID FROM AMOUNTS 1,389
APPROPRIATED FROM THE BIOMEDICAL RESEARCH AND TECHNOLOGY TRANSFER 1,390
TRUST FUND, CREATED BY SECTION 183.19 OF THE REVISED CODE. 1,391
Sec. 183.24. THE BIOMEDICAL RESEARCH AND TECHNOLOGY 1,393
TRANSFER COMMISSION SHALL PERIODICALLY MAKE STRATEGIC ASSESSMENTS 1,394
OF THE TYPES OF STATE INVESTMENTS IN BIOMEDICAL RESEARCH AND 1,395
BIOTECHNOLOGY IN THIS STATE THAT WOULD BE LIKELY TO CREATE JOBS 1,396
AND BUSINESS OPPORTUNITIES AND PRODUCE THE MOST BENEFICIAL 1,397
LONG-TERM IMPROVEMENTS TO THE PUBLIC HEALTH OF OHIOANS. ONE AREA 1,398
OF FOCUS FOR THE COMMISSION SHALL BE BIOMEDICAL RESEARCH AND 1,399
BIOTECHNOLOGY INITIATIVES THAT ADDRESS TOBACCO-RELATED ILLNESSES. 1,400
THE ASSESSMENTS SHALL BE AVAILABLE TO THE PUBLIC AND SHALL BE 1,401
USED BY THE COMMISSION TO GUIDE ITS DECISIONS ON AWARDING GRANTS. 1,402
THE COMMISSION SHALL ESTABLISH A COMPETITIVE PROCESS FOR THE 1,403
AWARD OF GRANTS THAT IS DESIGNED TO FUND THE MOST MERITORIOUS 1,404
PROPOSALS AND, WHEN APPROPRIATE, PROVIDE FOR PEER REVIEW OF 1,405
PROPOSALS. THE COMMISSION MAY MAKE GRANTS TO INDIVIDUALS, PUBLIC 1,406
AGENCIES, PRIVATE COMPANIES OR ORGANIZATIONS, OR JOINT VENTURES 1,407
FOR ANY OF A BROAD RANGE OF ACTIVITIES RELATED TO BIOMEDICAL 1,408
35
RESEARCH AND TECHNOLOGY TRANSFER. PRIORITY SHALL BE GIVEN TO 1,409
PROPOSALS THAT WOULD LEVERAGE ADDITIONAL PRIVATE AND PUBLIC 1,410
FUNDING RESOURCES. THE COMMISSION SHALL ADOPT RULES UNDER 1,411
CHAPTER 119. OF THE REVISED CODE REGARDING CONFLICTS OF INTEREST 1,412
IN THE AWARDING OF GRANTS. 1,413
WHEN APPROPRIATE, THE COMMISSION SHALL COORDINATE ITS 1,415
ACTIVITIES WITH THOSE OF THE TOBACCO USE PREVENTION AND CONTROL 1,416
FOUNDATION.
Sec. 183.25. WITHIN NINETY DAYS AFTER THE END OF EACH 1,418
FISCAL YEAR, THE BIOMEDICAL RESEARCH AND TECHNOLOGY TRANSFER 1,419
COMMISSION SHALL SUBMIT TO THE GOVERNOR AND THE GENERAL ASSEMBLY 1,420
A REPORT OF THE ACTIVITIES OF THE COMMISSION DURING THE PRECEDING 1,421
FISCAL YEAR.
Sec. 183.26. THE EDUCATION FACILITIES TRUST FUND IS HEREBY 1,423
CREATED IN THE STATE TREASURY. MONEY CREDITED TO THE FUND SHALL 1,424
BE USED TO PAY COSTS OF, OR TO PROVIDE THE STATE'S SHARE OF THE 1,425
COSTS OF, CONSTRUCTING, RENOVATING, OR REPAIRING PRIMARY AND 1,426
SECONDARY SCHOOLS. ALL INVESTMENT EARNINGS OF THE FUND SHALL BE 1,427
CREDITED TO THE FUND. 1,428
Sec. 183.27. THE EDUCATION FACILITIES ENDOWMENT FUND IS 1,430
HEREBY CREATED IN THE STATE TREASURY. IT IS THE INTENT OF THE 1,431
GENERAL ASSEMBLY TO MAINTAIN THE FUND AS A PERMANENT SOURCE OF 1,432
REVENUE FOR CONSTRUCTING, RENOVATING, OR REPAIRING PRIMARY AND 1,433
SECONDARY SCHOOLS IN THIS STATE. AT THE BEGINNING OF EACH 1,434
QUARTER, ALL INVESTMENT EARNINGS OF THE ENDOWMENT FUND EARNED 1,435
DURING THE IMMEDIATELY PRECEDING QUARTER SHALL BE CREDITED TO THE 1,436
EDUCATION FACILITIES TRUST FUND.
Sec. 183.28. THE EDUCATION TECHNOLOGY TRUST FUND IS HEREBY 1,438
CREATED IN THE STATE TREASURY. MONEY CREDITED TO THE FUND SHALL 1,439
BE USED TO PAY COSTS OF NEW AND INNOVATIVE TECHNOLOGY FOR PRIMARY 1,440
AND SECONDARY EDUCATION, INCLUDING CHARTERED NONPUBLIC SCHOOLS, 1,441
AND HIGHER EDUCATION, INCLUDING STATE INSTITUTIONS OF HIGHER 1,442
EDUCATION AND PRIVATE NONPROFIT INSTITUTIONS OF HIGHER EDUCATION 1,443
HOLDING CERTIFICATES OF AUTHORIZATION UNDER SECTION 1713.02 OF 1,444
36
THE REVISED CODE. ALL INVESTMENT EARNINGS OF THE FUND SHALL BE 1,446
CREDITED TO THE FUND.
Sec. 183.29. THE TREASURER OF STATE SHALL, EXCEPT FOR ANY 1,449
PETTY CASH FUNDS, KEEP ALL MONEY RECEIVED FROM TOBACCO MASTER 1,451
SETTLEMENT AGREEMENT PAYMENTS OR FROM DISTRIBUTIONS UNDER THIS 1,452
CHAPTER THAT IS NEEDED TO MEET CURRENT DEMANDS FOR THE MONEY 1,453
UNDER THIS CHAPTER, IN PUBLIC DEPOSITORIES OF THE ACTIVE DEPOSITS 1,454
OF PUBLIC MONEYS OF THE STATE, AS SUCH TERMS ARE USED IN CHAPTER 1,455
135. OF THE REVISED CODE.
Sec. 183.30. (A) NO MORE THAN FIVE PER CENT OF THE TOTAL 1,457
EXPENDITURES OF THE TOBACCO USE PREVENTION AND CONTROL FOUNDATION 1,458
IN A FISCAL YEAR SHALL BE FOR ADMINISTRATIVE EXPENSES OF THE 1,459
FOUNDATION. 1,460
(B) NO MORE THAN FIVE PER CENT OF THE TOTAL EXPENDITURES 1,462
OF THE SOUTHERN OHIO AGRICULTURAL AND COMMUNITY DEVELOPMENT 1,463
FOUNDATION IN A FISCAL YEAR SHALL BE FOR ADMINISTRATIVE EXPENSES 1,464
OF THE FOUNDATION. 1,465
(C) NO MORE THAN FIVE PER CENT OF THE TOTAL EXPENDITURES 1,467
OF THE BIOMEDICAL RESEARCH AND TECHNOLOGY TRANSFER COMMISSION IN 1,468
A FISCAL YEAR SHALL BE FOR ADMINISTRATIVE EXPENSES OF THE 1,469
COMMISSION.
Sec. 183.31. (A) A PUBLIC OR PRIVATE AGENCY THAT RECEIVES 1,471
FUNDING FROM THE TOBACCO USE PREVENTION AND CONTROL FOUNDATION 1,472
SHALL EXPEND NO MORE THAN TEN PER CENT OF THAT FUNDING ON 1,473
ADMINISTRATIVE EXPENSES. 1,474
(B) AN INDIVIDUAL, PUBLIC AGENCY, OR PRIVATELY OWNED 1,476
COMPANY THAT RECEIVES A GRANT OR LOAN FROM THE SOUTHERN OHIO 1,477
AGRICULTURAL AND COMMUNITY DEVELOPMENT FOUNDATION SHALL EXPEND NO 1,478
MORE THAN TEN PER CENT OF THAT GRANT OR LOAN ON ADMINISTRATIVE 1,480
EXPENSES.
(C) AN INDIVIDUAL, PUBLIC AGENCY, PRIVATE COMPANY OR 1,482
ORGANIZATION, OR JOINT VENTURE THAT RECEIVES A GRANT FROM THE 1,483
BIOMEDICAL RESEARCH AND TECHNOLOGY TRANSFER COMMISSION SHALL 1,484
EXPEND NO MORE THAN TEN PER CENT OF THAT GRANT ON ADMINISTRATIVE 1,485
37
EXPENSES. 1,486
Sec. 183.32. IN JANUARY EVERY SIX YEARS BEGINNING IN 2012, 1,488
THE PRESIDENT OF THE SENATE SHALL APPOINT THREE SENATORS AND THE 1,489
SPEAKER OF THE HOUSE OF REPRESENTATIVES SHALL APPOINT THREE 1,490
MEMBERS OF THE HOUSE OF REPRESENTATIVES TO A COMMITTEE TO 1,491
REEXAMINE THE USE OF TOBACCO MASTER SETTLEMENT AGREEMENT FUNDS. 1,492
NO MORE THAN TWO MEMBERS APPOINTED BY THE PRESIDENT SHALL BE FROM 1,493
THE SAME POLITICAL PARTY AS THE PRESIDENT, AND NO MORE THAN TWO 1,494
MEMBERS APPOINTED BY THE SPEAKER SHALL BE FROM THE SAME POLITICAL 1,495
PARTY AS THE SPEAKER. 1,496
THE COMMITTEE SHALL DETERMINE IF THIS CHAPTER'S 1,498
DISTRIBUTION AND USES OF REVENUE RECEIVED UNDER THE TOBACCO 1,499
MASTER SETTLEMENT AGREEMENT ADEQUATELY REFLECT THE STATE'S 1,500
PRIORITIES. WITHIN NINE MONTHS OF ITS FORMATION, THE COMMITTEE 1,501
SHALL REPORT TO THE GENERAL ASSEMBLY ANY CHANGES IT RECOMMENDS BE 1,502
MADE TO THIS CHAPTER. THE COMMITTEE SHALL CEASE TO EXIST AFTER 1,503
MAKING ITS REPORT.
Sec. 183.33. NO MONEY SHALL BE APPROPRIATED OR TRANSFERRED 1,505
FROM THE GENERAL REVENUE FUND TO THE TOBACCO MASTER SETTLEMENT 1,506
AGREEMENT FUND, TOBACCO USE PREVENTION AND CESSATION TRUST FUND, 1,507
TOBACCO USE PREVENTION AND CONTROL ENDOWMENT FUND, LAW 1,508
ENFORCEMENT IMPROVEMENTS TRUST FUND, SOUTHERN OHIO AGRICULTURAL 1,509
AND COMMUNITY DEVELOPMENT TRUST FUND, SOUTHERN OHIO AGRICULTURAL 1,510
AND COMMUNITY DEVELOPMENT FOUNDATION ENDOWMENT FUND, OHIO'S 1,511
PUBLIC HEALTH PRIORITIES TRUST FUND, BIOMEDICAL RESEARCH AND 1,512
TECHNOLOGY TRANSFER TRUST FUND, EDUCATION FACILITIES TRUST FUND, 1,513
EDUCATION FACILITIES ENDOWMENT FUND, OR EDUCATION TECHNOLOGY 1,514
TRUST FUND. IN ADDITION, NO MONEY SHALL BE OTHERWISE 1,515
APPROPRIATED OR TRANSFERRED FROM THE GENERAL REVENUE FUND FOR THE 1,516
USE OF THE TOBACCO USE PREVENTION AND CONTROL FOUNDATION OR THE 1,517
SOUTHERN OHIO AGRICULTURAL AND COMMUNITY DEVELOPMENT FOUNDATION. 1,518
Sec. 5145.32. (A) AS USED IN THIS SECTION: 1,520
(1) "SMOKE" MEANS TO BURN ANY SUBSTANCE CONTAINING 1,522
TOBACCO, INCLUDING, BUT NOT LIMITED TO, A LIGHTED CIGARETTE, 1,523
38
CIGAR, OR PIPE. 1,524
(2) "STATE CORRECTIONAL INSTITUTION" HAS THE SAME MEANING 1,526
AS IN SECTION 2967.01 OF THE REVISED CODE AND INCLUDES A PRISON 1,527
THAT IS PRIVATELY OPERATED AND MANAGED PURSUANT TO A CONTRACT THE 1,528
DEPARTMENT OF REHABILITATION AND CORRECTION ENTERS INTO UNDER 1,529
SECTION 9.06 OF THE REVISED CODE.
(3) "USE TOBACCO" MEANS TO CHEW OR MAINTAIN ANY SUBSTANCE 1,531
CONTAINING TOBACCO, INCLUDING SMOKELESS TOBACCO, IN THE MOUTH TO 1,532
DERIVE THE EFFECTS OF TOBACCO. 1,533
(B) NO PERSON SHALL SMOKE OR USE TOBACCO IN A BUILDING OF 1,535
A STATE CORRECTIONAL INSTITUTION THAT FIRST BEGINS TO HOUSE 1,538
PRISONERS ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION. 1,539
(C)(1) DIVISION (C) OF THIS SECTION APPLIES TO THE 1,541
CORRECTIONS MEDICAL CENTER IN COLUMBUS, THE OHIO STATE 1,542
PENITENTIARY IN YOUNGSTOWN, AND THE NORTH COAST CORRECTIONAL 1,544
TREATMENT FACILITY IN GRAFTON.
(2) NO PERSON SHALL SMOKE OR USE TOBACCO ON ANY PROPERTY 1,546
UNDER THE CONTROL OF AN INSTITUTION TO WHICH THIS DIVISION 1,547
APPLIES.
(3) NO PERSON SHALL POSSESS TOBACCO OR HAVE TOBACCO UNDER 1,549
THE PERSON'S CONTROL ON ANY PROPERTY UNDER THE CONTROL OF AN 1,550
INSTITUTION TO WHICH THIS DIVISION APPLIES. 1,551
(D)(1) DIVISION (D) OF THIS SECTION APPLIES TO THE LAKE 1,554
ERIE CORRECTIONAL INSTITUTION, TOLEDO CORRECTIONAL INSTITUTION, 1,556
HOCKING CORRECTIONAL FACILITY, OAKWOOD CORRECTIONAL FACILITY, 1,557
NORTHEAST PRE-RELEASE CENTER, FRANKLIN PRE-RELEASE CENTER, AND 1,559
MONTGOMERY EDUCATION PRE-RELEASE CENTER. 1,560
(2) NO PERSON SHALL SMOKE OR USE TOBACCO IN A BUILDING OF 1,562
AN INSTITUTION TO WHICH THIS DIVISION APPLIES. 1,563
(E)(1) THE DIRECTOR OF REHABILITATION AND CORRECTION SHALL 1,565
DESIGNATE AT LEAST ONE TOBACCO-FREE HOUSING AREA WITHIN EACH 1,566
STATE CORRECTIONAL INSTITUTION THAT IS NOT IDENTIFIED IN DIVISION 1,567
(B), (C), OR (D) OF THIS SECTION. 1,568
(2) NO PERSON SHALL SMOKE OR USE TOBACCO IN AN AREA 1,570
39
DESIGNATED BY THE DIRECTOR UNDER DIVISION (E)(1) OF THIS SECTION. 1,571
(F) A VIOLATION OF DIVISION (B), (C)(2) OR (3), (D)(2), OR 1,574
(E)(2) OF THIS SECTION IS NOT A CRIMINAL OFFENSE. THE DEPARTMENT 1,576
OF REHABILITATION AND CORRECTION SHALL ADOPT RULES THAT ESTABLISH 1,577
PROCEDURES FOR THE ENFORCEMENT OF THOSE DIVISIONS AND THAT 1,579
ESTABLISH DISCIPLINARY MEASURES FOR A VIOLATION OF THOSE 1,580
DIVISIONS.
(G) THE DEPARTMENT MAY DESIGNATE LOCATIONS AT WHICH IT IS 1,582
PERMISSIBLE TO SMOKE OR USE TOBACCO OUTSIDE OF A BUILDING OF AN 1,583
INSTITUTION IDENTIFIED IN DIVISION (B) OR (D)(1) OF THIS SECTION. 1,585
(H) THE DEPARTMENT SHALL PROVIDE SMOKING AND TOBACCO USAGE 1,587
CESSATION PROGRAMS FOR PRISONERS AT ALL STATE CORRECTIONAL 1,588
INSTITUTIONS, SUBJECT TO AVAILABLE FUNDING. 1,589
(I) THE DIRECTOR SHALL REVIEW THE PRACTICALITY OF 1,591
ELIMINATING ACCESS TO SMOKING OR TOBACCO USAGE IN SPECIALIZED 1,592
UNITS TO WHICH THIS SECTION'S PROHIBITIONS DO NOT OTHERWISE 1,593
APPLY.
Section 2. That existing sections 102.02, 107.03, and 1,595
107.031 of the Revised Code are hereby repealed. 1,597
Section 3. All items in this section are hereby 1,599
appropriated as designated out of any moneys in the state 1,600
treasury to the credit of the Tobacco Master Settlement Agreement 1,601
Fund Group. For all appropriations made in this section, those 1,602
in the first column are for fiscal year 2000 and those in the
second column are for fiscal year 2001. The appropriations made 1,603
in this section are in addition to any other appropriations made 1,604
for the 1999-2001 biennium.
AGR DEPARTMENT OF AGRICULTURE 1,606
Tobacco Master Settlement Agreement Fund Group 1,608
K87 700-502 Southern Ohio 1,611
Agriculture and
Community Development
Foundation $ 0 $ 22,194,639 1,613
TOTAL TSF Tobacco Master 1,614
40
Settlement Agreement Fund 1,615
Group $ 0 $ 22,194,639 1,618
TOTAL ALL BUDGET FUND GROUPS $ 0 $ 22,194,639 1,621
Southern Ohio Agriculture and Community Development 1,624
Foundation
The foregoing appropriation item 700-502, Southern Ohio 1,626
Agriculture and Community Development Foundation, shall be used 1,627
in accordance with sections 183.02 and 183.11 to 183.17 of the 1,628
Revised Code. The Director of Agriculture shall disburse moneys 1,629
appropriated in this appropriation item to the Southern Ohio 1,630
Agricultural and Community Development Foundation Endowment Fund
created by section 183.16 of the Revised Code to be used by the 1,631
Southern Ohio Agricultural and Community Development Foundation 1,632
to carry out its duties.
CEB CONTROLLING BOARD 1,634
Tobacco Master Settlement Agreement Fund Group 1,636
S87 911-405 Education Technology 1,639
Trust Fund $ 0 $ 13,764,540 1,641
TOTAL TSF Tobacco Master 1,642
Settlement Agreement Fund 1,643
Group $ 0 $ 13,764,540 1,646
TOTAL ALL BUDGET FUND GROUPS $ 0 $ 13,764,540 1,649
Education Technology Trust Fund 1,652
The Controlling Board may transfer to any appropriate state 1,654
agency portions of appropriation item 911-405, Education 1,655
Technology Trust Fund, upon receipt of an approved plan submitted 1,656
by the Director of Budget and Management.
DOH DEPARTMENT OF HEALTH 1,658
Tobacco Master Settlement Agreement Fund Group 1,660
H87 440-502 Tobacco Use 1,663
Prevention and
Control Foundation $ 0 $ 234,855,223 1,665
L87 440-403 Ohio's Public Health 1,667
Priorities Trust Fund $ 0 $ 10,010,574 1,669
41
TOTAL TSF Tobacco Master
Settlement Agreement Fund 1,670
Group $ 0 $ 244,865,797 1,673
TOTAL ALL BUDGET FUND GROUPS $ 0 $ 244,865,797 1,676
Tobacco Use Prevention and Control Foundation 1,679
The foregoing appropriation item 440-502, Tobacco Use 1,681
Prevention and Control Foundation, shall be used in accordance 1,682
with sections 183.02 to 183.09 of the Revised Code. The Director 1,683
of Health shall disburse moneys appropriated in this 1,684
appropriation item to the Tobacco Use Prevention and Control
Endowment Fund created by section 183.08 of the Revised Code to 1,685
be used by the Tobacco Use Prevention and Control Foundation to 1,686
carry out its duties.
Ohio's Public Health Priorities Trust Fund 1,688
The Director of Budget and Management shall establish a 1,690
plan for the use of appropriation item 440-403, Ohio's Public 1,691
Health Priorities Trust Fund, for any of the purposes authorized 1,694
by section 183.18 of the Revised Code. Prior to disbursing the 1,695
appropriations in this appropriation item, the Director of Budget 1,696
and Management shall submit a plan for approval to the
Controlling Board. The Director of Budget and Management shall 1,697
consult with the Director of Rehabilitation and Correction, the 1,700
Director of Health, the Director of Alcohol and Drug Addiction
Services, the Attorney General, and the Executive Director of the 1,702
Commission on Minority Health.
Upon approval of the plan by the Controlling Board, the 1,704
Director of Budget and Management may transfer to any appropriate 1,705
state agency portions of appropriation item 440-403, Ohio's 1,706
Public Health Priorities Trust Fund, for any of the purposes 1,708
authorized by section 183.18 of the Revised Code and the amounts 1,709
transferred are hereby appropriated.
Within the limits set forth in this act, the Director of 1,711
Budget and Management shall establish accounts indicating the 1,712
source and amount of funds for each appropriation made in this 1,713
42
section, and shall determine the form and manner in which 1,714
appropriation accounts shall be maintained. Expenditures from
appropriations contained in this section shall be accounted for 1,715
as though made in Am. Sub. H.B. 283 of the 123rd General 1,716
Assembly.
The appropriations made in this section are subject to all 1,718
provisions of Am. Sub. H.B. 283 of the 123rd General Assembly 1,719
that are generally applicable to such appropriations. 1,720
Section 4. All items in this section are hereby 1,722
appropriated as designated out of any moneys in the state 1,723
treasury to the credit of the Tobacco Master Settlement Agreement 1,724
Fund Group. For all appropriations made in this section, those 1,725
in the first column are for fiscal year 2000 and those in the
second column are for fiscal year 2001. The appropriations made 1,726
in this section are in addition to any other appropriations made 1,727
for the 1999-2001 biennium.
BOR BOARD OF REGENTS 1,729
Tobacco Master Settlement Agreement Fund Group 1,731
M87 235-405 Biomedical Research 1,734
and Technology
Transfer Commission $ 0 $ 5,005,288 1,736
TOTAL TSF Tobacco Master 1,737
Settlement Agreement Fund 1,738
Group $ 0 $ 5,005,288 1,741
TOTAL ALL BUDGET FUND GROUPS $ 0 $ 5,005,288 1,744
Within the limits set forth in this act, the Director of 1,747
Budget and Management shall establish accounts indicating the 1,748
source and amount of funds for each appropriation made in this 1,749
section, and shall determine the form and manner in which 1,750
appropriation accounts shall be maintained. Expenditures from
appropriations contained in this section shall be accounted for 1,751
as though made in Am. Sub. H.B. 282 of the 123rd General 1,752
Assembly.
The appropriations made in this section are subject to all 1,754
43
provisions of Am. Sub. H.B. 282 of the 123rd General Assembly 1,755
that are generally applicable to such appropriations. 1,756
Section 5. All items set forth in this section are hereby 1,758
appropriated out of any moneys in the state treasury to the 1,759
credit of the Law Enforcement Improvements Trust Fund (Fund J87) 1,760
that are not otherwise appropriated.
Appropriations 1,761
AGO ATTORNEY GENERAL 1,763
CAP-716 Lab and Training Facility Improvements $ 2,000,000 1,767
Total Attorney General $ 2,000,000 1,769
TOTAL Law Enforcement Improvements Trust Fund $ 2,000,000 1,771
Section 6. All items set forth in this section are hereby 1,774
appropriated out of any moneys in the state treasury to the 1,775
credit of the Education Facilities Trust Fund (Fund N87) that are 1,776
not otherwise appropriated.
Appropriations 1,777
SFC SCHOOL FACILITIES COMMISSION 1,779
CAP-780 Classroom Facilities Assistance 1,782
Program $ 262,001,238 1,783
Total School Facilities Commission $ 262,001,238 1,785
TOTAL Education Facilities Trust Fund $ 262,001,238 1,787
Section 7. Sections 5 and 6 of this act shall remain in 1,790
full force and effect commencing on July 1, 2000, and terminating 1,791
on June 30, 2002, for the purpose of drawing money from the state 1,792
treasury in payment of liabilities lawfully incurred thereunder, 1,793
and on June 30, 2002, and not before, the moneys appropriated 1,794
thereby shall lapse into the funds from which they are severally
appropriated. 1,795
Section 8. The Tobacco Master Settlement Agreement Fund 1,797
created by section 183.02 of the Revised Code is the same as Fund 1,798
087, the Tobacco Master Settlement Agreement Fund created by the 1,799
Controlling Board in March 1999. 1,800
Section 9. The Governor, President and Minority Leader of 1,802
the Senate, and Speaker and Minority Leader of the House of 1,803
44
Representatives shall make their initial appointments to the 1,804
board of trustees of the Tobacco Use Prevention and Control 1,805
Foundation within 90 days after the effective date of this 1,806
section. Notwithstanding section 183.04 of the Revised Code: 1,807
(A) The Governor shall appoint one member under division 1,809
(A) of that section to an initial term ending one year after the 1,810
effective date of this section and one to an initial term ending 1,811
three years after the effective date of this section; the 1,813
President shall appoint one member to an initial term ending 1,814
three years after the effective date of this section and one to 1,815
an initial term ending five years after the effective date of 1,816
this section; the Minority Leader of the Senate shall appoint one 1,817
member to an initial term ending four years after the effective 1,818
date of this section; the Speaker shall appoint one member to an 1,819
initial term ending two years after the effective date of this 1,820
section and one to an initial term ending four years after the 1,821
effective date of this section; and the Minority Leader of the 1,822
House of Representatives shall appoint one member to an initial 1,824
term ending three years after the effective date of this section. 1,825
(B) The Governor shall appoint one member under division 1,827
(B) of that section to an initial term ending two years after the 1,828
effective date of this section and the other member to an initial 1,829
term ending four years after the effective date of this section. 1,830
(C) The Governor shall appoint the five members under 1,832
divisions (C) to (G) of that section to initial terms of office 1,833
ending one, two, three, four, and five years after the effective 1,834
date of this section. 1,835
(D) The Governor shall appoint the members under divisions 1,837
(H) and (I) of that section to initial terms ending five years 1,839
after the effective date of this section.
(E) Thereafter, terms of office shall be for five years as 1,841
provided in section 183.04 of the Revised Code. 1,842
Section 10. The Governor, President and Minority Leader of 1,844
the Senate, and Speaker and Minority Leader of the House of 1,845
45
Representatives shall make their initial appointments to the 1,846
board of trustees of the Southern Ohio Agricultural and Community 1,847
Development Foundation within 90 days after the effective date of 1,848
this section. Notwithstanding section 183.12 of the Revised 1,849
Code:
(A) The Governor shall appoint one member under divisions 1,851
(B) and (C) of that section to an initial term ending one year 1,852
after the effective date of this section, one to an initial term 1,853
ending two years after the effective date of this section, one to 1,854
an initial term ending three years after the effective date of 1,855
this section, one to an initial term ending four years after the 1,856
effective date of this section, and one to an initial term ending 1,857
five years after the effective date of this section. 1,858
(B) Thereafter, terms of office of these members shall be 1,860
for five years as provided in section 183.12 of the Revised Code. 1,861
Section 11. The Governor, President and Minority Leader of 1,863
the Senate, and Speaker and Minority Leader of the House of 1,864
Representatives shall make their initial appointments to the 1,865
Biomedical Research and Technology Transfer Commission within 90 1,866
days after the effective date of this section. Notwithstanding 1,867
section 183.20 of the Revised Code: 1,868
(A) The Governor shall appoint one member under division 1,870
(B)(1) of that section to an initial term ending one year after 1,871
the effective date of this section, one to an initial term ending 1,872
two years after the effective date of this section, one to an 1,873
initial term ending three years after the effective date of this 1,874
section, one to an initial term ending four years after the 1,875
effective date of this section, and one to an initial term ending 1,876
five years after the effective date of this section. 1,877
(B) The Speaker of the House of Representatives shall 1,879
appoint one member under division (B)(2) of that section to an 1,880
initial term ending one year after the effective date of this 1,881
section and one member to an initial term ending five years after 1,882
the effective date of this section. 1,883
46
(C) The Minority Leader of the House of Representatives 1,885
shall appoint one member under division (B)(3) of that section to 1,887
an initial term ending four years after the effective date of 1,888
this section.
(D) The President of the Senate shall appoint one member 1,890
of the Commission under division (B)(4) of that section to an 1,891
initial term ending one year after the effective date of this 1,892
section and the other member to an initial term ending four years 1,893
after the effective date of this section. 1,894
(E) The Minority Leader of the Senate shall appoint one 1,896
member under division (B)(5) of that section to an initial term 1,897
ending three years after the effective date of this section. 1,898
(F) Thereafter, terms of office shall be for five years as 1,900
provided in section 183.20 of the Revised Code. 1,901
Section 12. The Legislative Budget Office of the 1,903
Legislative Service Commission shall study issues concerning the 1,904
availability of prescription drugs for low-income elderly Ohioans 1,905
who suffer from tobacco-related illnesses. The Legislative 1,906
Budget Office shall submit to the General Assembly a report on 1,907
its study within one year of the effective date of this section. 1,908
The report shall provide information on all of the following: 1,909
(A) What public and private resources and methods 1,911
currently are used by low-income elderly Ohioans to obtain 1,912
prescription drugs? The study shall examine the role of 1,913
Medicaid, including PASSPORT; Medicare; other federal programs; 1,914
private health insurance; and health clinics and hospitals. 1,915
(B) What are pertinent issues concerning prescription drug 1,917
cost, usage, and research and development? The study shall 1,918
examine average annual drug costs per person, average annual 1,919
costs per prescription, and trends for these two averages. The 1,920
study also shall present information on drugs with the highest 1,921
volume usage and drugs with the highest cost. 1,922
(C) How do physician practices affect prescription drug 1,924
cost and availability? 1,925
47
(D) How do managed care practices affect prescription drug 1,927
cost and availability? 1,928
(E) What are other states doing in this regard, and how do 1,930
the other states pay for it? 1,931
The report shall not include recommendations for 1,933
legislative action. 1,934