As Reported by the Committee of Conference 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-BARNES 10
_________________________________________________________________ 11
A B I L L
To amend sections 102.02, 107.03, 107.031, and 13
126.02 and to enact sections 126.022, 183.01, 14
183.02, 183.021, 183.03 to 183.33, and 5145.32 of 15
the Revised Code to provide for the distribution 16
of money received by the state pursuant to the 17
Tobacco Master Settlement Agreement, to impose
prohibitions concerning smoking and tobacco use 18
in certain state correctional institutions, and 19
to make capital and operating appropriations for
programs funded with Master Settlement Agreement 20
revenue for the biennium ending June 30, 2002. 21
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 23
Section 1. That sections 102.02, 107.03, 107.031, and 25
126.02 be amended and sections 126.022, 183.01, 183.02, 183.021, 28
183.03, 183.04, 183.05, 183.06, 183.07, 183.08, 183.09, 183.10, 29
183.11, 183.12, 183.13, 183.14, 183.15, 183.16, 183.17, 183.18, 30
183.19, 183.20, 183.21, 183.22, 183.23, 183.24, 183.25, 183.26, 31
183.27, 183.28, 183.29, 183.30, 183.31, 183.32, 183.33, and
5145.32 of the Revised Code be enacted to read as follows: 33
Sec. 102.02. (A) Except as otherwise provided in division 42
(H) of this section, every person who is elected to or is a 43
candidate for a state, county, or city office, or the office of 44
member of the United States congress, and every person who is 45
appointed to fill a vacancy for an unexpired term in such an 46
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elective office; all members of the state board of education; the 48
director, assistant directors, deputy directors, division chiefs, 49
or persons of equivalent rank of any administrative department of 50
the state; the president or other chief administrative officer of 51
every state institution of higher education as defined in section 52
3345.011 of the Revised Code; the chief executive officer of each 53
state retirement system; all members of the board of 54
commissioners on grievances and discipline of the supreme court 55
and the ethics commission created under section 102.05 of the 56
Revised Code; every business manager, treasurer, or 57
superintendent of a city, local, exempted village, joint 58
vocational, or cooperative education school district or an 59
educational service center; every person who is elected to or is 60
a candidate for the office of member of a board of education of a 61
city, local, exempted village, joint vocational, or cooperative 62
education school district or of a governing board of an 63
educational service center that has a total student count of 64
twelve thousand or more as most recently determined by the 65
department of education pursuant to section 3317.03 of the 67
Revised Code; every person who is appointed to the board of
education of a municipal school district pursuant to division (B) 68
or (F) of section 3311.71 of the Revised Code; all members of the 69
board of directors of a sanitary district established under 70
Chapter 6115. of the Revised Code and organized wholly for the 71
purpose of providing a water supply for domestic, municipal, and 73
public use that includes two municipal corporations in two 74
counties; every public official or employee who is paid a salary 76
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 77
THE BOARD OF TRUSTEES AND THE EXECUTIVE DIRECTOR OF THE TOBACCO 78
USE PREVENTION AND CONTROL FOUNDATION; MEMBERS OF THE BOARD OF 79
TRUSTEES AND THE EXECUTIVE DIRECTOR OF THE SOUTHERN OHIO 80
AGRICULTURAL AND COMMUNITY DEVELOPMENT FOUNDATION; MEMBERS AND 81
THE EXECUTIVE DIRECTOR OF THE BIOMEDICAL RESEARCH AND TECHNOLOGY 82
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TRANSFER COMMISSION; and every other public official or employee 83
who is designated by the appropriate ethics commission pursuant 84
to division (B) of this section shall file with the appropriate 85
ethics commission on a form prescribed by the commission, a 86
statement disclosing all of the following: 87
(1) The name of the person filing the statement and each 89
member of the person's immediate family and all names under which 91
the person or members of the person's immediate family do 92
business; 93
(2)(a) Subject to divisions (A)(2)(b) and (c) of this 95
section and except as otherwise provided in section 102.022 of 96
the Revised Code, identification of every source of income, other 97
than income from a legislative agent identified in division 98
(A)(2)(b) of this section, received during the preceding calendar 99
year, in the person's own name or by any other person for the 101
person's use or benefit, by the person filing the statement, and 102
a brief description of the nature of the services for which the 103
income was received. If the person filing the statement is a 104
member of the general assembly, the statement shall identify the 105
amount of every source of income received in accordance with the 106
following ranges of amounts: zero or more, but less than one 107
thousand dollars; one thousand dollars or more, but less than ten 108
thousand dollars; ten thousand dollars or more, but less than 109
twenty-five thousand dollars; twenty-five thousand dollars or 110
more, but less than fifty thousand dollars; fifty thousand 111
dollars or more, but less than one hundred thousand dollars; and 112
one hundred thousand dollars or more. Division (A)(2)(a) of this 113
section shall not be construed to require a person filing the 114
statement who derives income from a business or profession to 115
disclose the individual items of income that constitute the gross 116
income of that business or profession, except for those 117
individual items of income that are attributable to the person's 118
or, if the income is shared with the person, the partner's, 119
solicitation of services or goods or performance, arrangement, or 120
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facilitation of services or provision of goods on behalf of the 121
business or profession of clients, including corporate clients, 122
who are legislative agents as defined in section 101.70 of the 123
Revised Code. A person who files the statement under this 124
section shall disclose the identity of and the amount of income 125
received from a person who the public official or employee knows 127
or has reason to know is doing or seeking to do business of any 128
kind with the public official's or employee's agency. 129
(b) If the person filing the statement is a member of the 131
general assembly, the statement shall identify every source of 132
income and the amount of that income that was received from a 133
legislative agent, as defined in section 101.70 of the Revised 134
Code, during the preceding calendar year, in the person's own 136
name or by any other person for the person's use or benefit, by 137
the person filing the statement, and a brief description of the 139
nature of the services for which the income was received. 140
Division (A)(2)(b) of this section requires the disclosure of 141
clients of attorneys or persons licensed under section 4732.12 of 142
the Revised Code, or patients of persons certified under section 143
4731.14 of the Revised Code, if those clients or patients are 144
legislative agents. Division (A)(2)(b) of this section requires 145
a person filing the statement who derives income from a business 146
or profession to disclose those individual items of income that 147
constitute the gross income of that business or profession that 148
are received from legislative agents. 149
(c) Except as otherwise provided in division (A)(2)(c) of 151
this section, division (A)(2)(a) of this section applies to 152
attorneys, physicians, and other persons who engage in the 153
practice of a profession and who, pursuant to a section of the 154
Revised Code, the common law of this state, a code of ethics 155
applicable to the profession, or otherwise, generally are 156
required not to reveal, disclose, or use confidences of clients, 157
patients, or other recipients of professional services except 158
under specified circumstances or generally are required to 159
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maintain those types of confidences as privileged communications 160
except under specified circumstances. Division (A)(2)(a) of this 161
section does not require an attorney, physician, or other 162
professional subject to a confidentiality requirement as 163
described in division (A)(2)(c) of this section to disclose the 164
name, other identity, or address of a client, patient, or other 165
recipient of professional services if the disclosure would 166
threaten the client, patient, or other recipient of professional 167
services, would reveal details of the subject matter for which 168
legal, medical, or professional advice or other services were 169
sought, or would reveal an otherwise privileged communication 170
involving the client, patient, or other recipient of professional 171
services. Division (A)(2)(a) of this section does not require an 172
attorney, physician, or other professional subject to a 173
confidentiality requirement as described in division (A)(2)(c) of 174
this section to disclose in the brief description of the nature 175
of services required by division (A)(2)(a) of this section any 176
information pertaining to specific professional services rendered 177
for a client, patient, or other recipient of professional 178
services that would reveal details of the subject matter for 179
which legal, medical, or professional advice was sought or would 180
reveal an otherwise privileged communication involving the 181
client, patient, or other recipient of professional services. 182
(3) The name of every corporation on file with the 184
secretary of state that is incorporated in this state or holds a 186
certificate of compliance authorizing it to do business in this 187
state, trust, business trust, partnership, or association that 188
transacts business in this state in which the person filing the 190
statement or any other person for the person's use and benefit 191
had during the preceding calendar year an investment of over one 192
thousand dollars at fair market value as of the thirty-first day 193
of December of the preceding calendar year, or the date of 194
disposition, whichever is earlier, or in which the person holds 195
any office or has a fiduciary relationship, and a description of 196
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the nature of the investment, office, or relationship. Division 197
(A)(3) of this section does not require disclosure of the name of 199
any bank, savings and loan association, credit union, or building 200
and loan association with which the person filing the statement 201
has a deposit or a withdrawable share account. 202
(4) All fee simple and leasehold interests to which the 204
person filing the statement holds legal title to or a beneficial 205
interest in real property located within the state, excluding the 206
person's residence and property used primarily for personal 207
recreation; 208
(5) The names of all persons residing or transacting 210
business in the state to whom the person filing the statement 211
owes, in the person's own name or in the name of any other 212
person, more than one thousand dollars. Division (A)(5) of this 215
section shall not be construed to require the disclosure of debts 216
owed by the person resulting from the ordinary conduct of a 217
business or profession or debts on the person's residence or real 218
property used primarily for personal recreation, except that the 219
superintendent of financial institutions shall disclose the names 221
of all state-chartered savings and loan associations and of all 223
service corporations subject to regulation under division (E)(2) 224
of section 1151.34 of the Revised Code to whom the superintendent 225
in the superintendent's own name or in the name of any other 226
person owes any money, and that the superintendent and any deputy 228
superintendent of banks shall disclose the names of all 229
state-chartered banks and all bank subsidiary corporations 230
subject to regulation under section 1109.44 of the Revised Code 231
to whom the superintendent or deputy superintendent owes any 232
money.
(6) The names of all persons residing or transacting 234
business in the state, other than a depository excluded under 235
division (A)(3) of this section, who owe more than one thousand 237
dollars to the person filing the statement, either in the 238
person's own name or to any person for the person's use or 240
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benefit. Division (A)(6) of this section shall not be construed 242
to require the disclosure of clients of attorneys or persons 243
licensed under section 4732.12 or 4732.15 of the Revised Code, or 244
patients of persons certified under section 4731.14 of the 245
Revised Code, nor the disclosure of debts owed to the person 246
resulting from the ordinary conduct of a business or profession. 247
(7) Except as otherwise provided in section 102.022 of the 249
Revised Code, the source of each gift of over seventy-five 250
dollars, or of each gift of over twenty-five dollars received by 251
a member of the general assembly from a legislative agent, 252
received by the person in the person's own name or by any other 254
person for the person's use or benefit during the preceding 255
calendar year, except gifts received by will or by virtue of 257
section 2105.06 of the Revised Code, or received from spouses, 258
parents, grandparents, children, grandchildren, siblings, 259
nephews, nieces, uncles, aunts, brothers-in-law, sisters-in-law, 260
sons-in-law, daughters-in-law, fathers-in-law, mothers-in-law, or 261
any person to whom the person filing the statement stands in loco 262
parentis, or received by way of distribution from any inter vivos 263
or testamentary trust established by a spouse or by an ancestor; 264
(8) Except as otherwise provided in section 102.022 of the 266
Revised Code, identification of the source and amount of every 267
payment of expenses incurred for travel to destinations inside or 268
outside this state that is received by the person in the person's 270
own name or by any other person for the person's use or benefit 271
and that is incurred in connection with the person's official 273
duties except for expenses for travel to meetings or conventions 274
of a national or state organization to which either house of the 275
general assembly, any legislative agency, a state institution of 276
higher education as defined in section 3345.031 of the Revised 277
Code, any other state agency, or any political subdivision or any 278
office or agency of a political subdivision pays membership dues; 279
(9) Except as otherwise provided in section 102.022 of the 281
Revised Code, identification of the source of payment of expenses 282
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for meals and other food and beverages, other than for meals and 283
other food and beverages provided at a meeting at which the 284
person participated in a panel, seminar, or speaking engagement 285
or at a meeting or convention of a national or state organization 286
to which either house of the general assembly, any legislative 287
agency, a state institution of higher education as defined in 288
section 3345.031 of the Revised Code, any other state agency, or 289
any political subdivision or any office or agency of a political 290
subdivision pays membership dues, that are incurred in connection 291
with the person's official duties and that exceed one hundred 292
dollars aggregated per calendar year; 293
(10) If the financial disclosure statement is filed by a 295
public official or employee described in division (B)(2) of 296
section 101.73 of the Revised Code or division (B)(2) of section 297
121.63 of the Revised Code who receives a statement from a 298
legislative agent, executive agency lobbyist, or employer that 299
contains the information described in division (F)(2) of section 300
101.73 of the Revised Code or division (G)(2) of section 121.63 301
of the Revised Code, all of the nondisputed information contained 302
in the statement delivered to that public official or employee by 303
the legislative agent, executive agency lobbyist, or employer 304
under division (F)(2) of section 101.73 or (G)(2) of section 305
121.63 of the Revised Code. As used in division (A)(10) of this 306
section, legislative agent, executive agency lobbyist, and 308
employer have the same meanings as in sections 101.70 and 121.60 310
of the Revised Code.
A person may file a statement required by this section in 312
person or by mail. A person who is a candidate for elective 313
office shall file the statement no later than the thirtieth day 315
before the primary, special, or general election at which the 317
candidacy is to be voted on, whichever election occurs soonest, 319
except that a person who is a write-in candidate shall file the 320
statement no later than the twentieth day before the earliest 321
election at which the person's candidacy is to be voted on. A 323
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person who holds elective office shall file the statement on or 324
before the fifteenth day of April of each year unless the person 326
is a candidate for office. A person who is appointed to fill a 328
vacancy for an unexpired term in an elective office shall file 329
the statement within fifteen days after the person qualifies for 331
office. Other persons shall file an annual statement on or 333
before the fifteenth day of April or, if appointed or employed 334
after that date, within ninety days after appointment or 335
employment. No person shall be required to file with the 336
appropriate ethics commission more than one statement or pay more 337
than one filing fee for any one calendar year. 338
The appropriate ethics commission, for good cause, may 340
extend for a reasonable time the deadline for filing a disclosure 341
statement under this section. 342
A statement filed under this section is subject to public 344
inspection at locations designated by the appropriate ethics 345
commission except as otherwise provided in this section. 346
(B) The Ohio ethics commission, the joint legislative 348
ethics committee, and the board of commissioners on grievances 349
and discipline of the supreme court, using the rule-making 350
procedures of Chapter 119. of the Revised Code, may require any 351
class of public officials or employees under its jurisdiction and 352
not specifically excluded by this section whose positions involve 353
a substantial and material exercise of administrative discretion 354
in the formulation of public policy, expenditure of public funds, 355
enforcement of laws and rules of the state or a county or city, 356
or the execution of other public trusts, to file an annual 357
statement on or before the fifteenth day of April under division 358
(A) of this section. The appropriate ethics commission shall 359
send the public officials or employees written notice of the 360
requirement by the fifteenth day of February of each year the 361
filing is required unless the public official or employee is 362
appointed after that date, in which case the notice shall be sent 363
within thirty days after appointment, and the filing shall be 364
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made not later than ninety days after appointment. 365
Disclosure EXCEPT FOR DISCLOSURE STATEMENTS FILED BY 369
MEMBERS OF THE BOARD OF TRUSTEES AND THE EXECUTIVE DIRECTOR OF 370
THE TOBACCO USE PREVENTION AND CONTROL FOUNDATION, MEMBERS OF THE
BOARD OF TRUSTEES AND THE EXECUTIVE DIRECTOR OF THE SOUTHERN OHIO 371
AGRICULTURAL AND COMMUNITY DEVELOPMENT FOUNDATION, AND MEMBERS 372
AND THE EXECUTIVE DIRECTOR OF THE BIOMEDICAL RESEARCH AND 373
TECHNOLOGY TRANSFER COMMISSION, DISCLOSURE statements filed under 375
this division with the Ohio ethics commission by members of 376
boards, commissions, or bureaus of the state for which no 377
compensation is received other than reasonable and necessary 378
expenses shall be kept confidential. Disclosure statements filed 379
with the Ohio ethics commission under division (A) of this 380
section by business managers, treasurers, and superintendents of 381
city, local, exempted village, joint vocational, or cooperative 383
education school districts or educational service centers shall
be kept confidential, except that any person conducting an audit 384
of any such school district pursuant to section 115.56 or Chapter 385
117. of the Revised Code may examine the disclosure statement of 386
any business manager, treasurer, or superintendent of that school 387
district or educational service center. The Ohio ethics 388
commission shall examine each disclosure statement required to be 389
kept confidential to determine whether a potential conflict of 390
interest exists for the person who filed the disclosure 391
statement. A potential conflict of interest exists if the 392
private interests of the person, as indicated by the person's 393
disclosure statement, might interfere with the public interests 395
the person is required to serve in the exercise of the person's 396
authority and duties in the person's office or position of 397
employment. If the commission determines that a potential 398
conflict of interest exists, it shall notify the person who filed 399
the disclosure statement and shall make the portions of the 400
disclosure statement that indicate a potential conflict of 401
interest subject to public inspection in the same manner as is 402
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provided for other disclosure statements. Any portion of the 403
disclosure statement that the commission determines does not 404
indicate a potential conflict of interest shall be kept 405
confidential by the commission and shall not be made subject to 406
public inspection, except as is necessary for the enforcement of 407
Chapters 102. and 2921. of the Revised Code and except as 408
otherwise provided in this division. 409
(C) No person shall knowingly fail to file, on or before 411
the applicable filing deadline established under this section, a 412
statement that is required by this section. 413
(D) No person shall knowingly file a false statement that 415
is required to be filed under this section. 416
(E)(1) Except as provided in divisions (E)(2) and (3) of 418
this section, on and after March 2, 1994, the statement required 419
by division (A) or (B) of this section shall be accompanied by a 421
filing fee of twenty-five dollars. 422
(2) The statement required by division (A) of this section 424
shall be accompanied by a filing fee to be paid by the person who 425
is elected or appointed to or is a candidate for any of the 426
following offices: 427
For state office, except member of 429
state board of education $50 430
For office of member of United States 431
congress or member of general assembly $25 432
For county office $25 433
For city office $10 434
For office of member of state board 435
of education $10 436
For office of member of city, local, 437
exempted village, or cooperative 438
education board of 439
education or educational service 440
center governing board $ 5 441
For position of business manager, 442
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treasurer, or superintendent of 443
city, local, exempted village, joint 444
vocational, or cooperative education 445
school district or 446
educational service center $ 5 447
(3) No judge of a court of record or candidate for judge 449
of such a court, and no referee or magistrate serving a court of 450
record, shall be required to pay the fee required under division 451
(E)(1) or (2) or (F) of this section. 452
(4) For any public official who is appointed to a 454
nonelective office of the state and for any employee who holds a 455
nonelective position in a public agency of the state, the state 456
agency that is the primary employer of the state official or 457
employee shall pay the fee required under division (E)(1) or (F) 458
of this section. 459
(F) If a statement required to be filed under this section 461
is not filed by the date on which it is required to be filed, the 462
appropriate ethics commission shall assess the person required to 463
file the statement a late filing fee equal to one-half of the 464
applicable filing fee for each day the statement is not filed, 465
except that the total amount of the late filing fee shall not 466
exceed one hundred dollars. 467
(G)(1) The appropriate ethics commission other than the 469
Ohio ethics commission shall deposit all fees it receives under 470
divisions (E) and (F) of this section into the general revenue 471
fund of the state. 472
(2) The Ohio ethics commission shall deposit all receipts, 474
including, but not limited to, fees it receives under divisions 476
(E) and (F) of this section and all moneys it receives from 477
settlements under division (G) of section 102.06 of the Revised 478
Code, into the Ohio ethics commission fund, which is hereby 479
created in the state treasury. All moneys credited to the fund 480
shall be used solely for expenses related to the operation and 481
statutory functions of the commission.
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(H) Division (A) of this section does not apply to a 483
person elected or appointed to the office of precinct, ward, or 484
district committee member under Chapter 3517. of the Revised 485
Code; a presidential elector; a delegate to a national 486
convention; village or township officials and employees; any 487
physician or psychiatrist who is paid a salary or wage in 488
accordance with schedule C of section 124.15 or schedule E-2 of 489
section 124.152 of the Revised Code and whose primary duties do 490
not require the exercise of administrative discretion; or any 491
member of a board, commission, or bureau of any county or city 492
who receives less than one thousand dollars per year for serving 493
in that position. 494
Sec. 107.03. The governor shall submit to the general 503
assembly, not later than four weeks after its organization, a 504
state budget containing a complete financial plan for the ensuing 505
fiscal biennium, except that EXCLUDING ITEMS OF REVENUE AND 506
EXPENDITURE DESCRIBED IN SECTION 126.022 OF THE REVISED CODE. 507
HOWEVER, in years of a new governor's inauguration, the budget 509
shall be submitted not later than the fifteenth day of March. In 510
years of a new governor's inauguration, only the new governor 511
shall submit a budget to the general assembly. In addition to 512
other things required by law, the governor's budget shall 513
contain:
(A) A general budget summary by function and agency 515
setting forth the proposed total expenses from each and all funds 516
and the anticipated resources for meeting such expenses; such 517
resources to include any available balances in the several funds 518
at the beginning of the biennium and a classification by totals 519
of all revenue receipts estimated to accrue during the biennium 520
under existing law and proposed legislation. 521
(B) A detailed statement showing the amounts recommended 523
to be appropriated from each fund for each fiscal year of the 524
biennium for current expenses, including, but not limited to, 525
personal services, supplies and materials, equipment, subsidies 526
14
and revenue distribution, merchandise for resale, transfers, and 527
nonexpense disbursements, obligations, interest on debt, and 528
retirement of debt, and for the biennium for capital outlay, to 529
the respective departments, offices, institutions, as defined in 530
section 121.01 of the Revised Code, and all other public 531
purposes; and, in comparative form, the actual expenses by source 532
of funds during each fiscal year of the previous two bienniums 533
for each such purpose. No alterations shall be made in the 534
requests for the legislative and judicial branches of the state 535
filed with the director of budget and management under section 537
126.02 of the Revised Code. If any amount of federal money is 538
recommended to be appropriated or has been expended for a purpose 539
for which state money also is recommended to be appropriated or 540
has been expended, the amounts of federal money and state money 541
involved shall be separately identified.
(C) A detailed estimate of the revenue receipts in each 543
fund from each source under existing laws during each year of the 544
biennium; and, in comparative form, actual revenue receipts in 545
each fund from each source for each year of the two previous 546
bienniums; 547
(D) The estimated cash balance in each fund at the 549
beginning of the biennium covered by the budget; the estimated 550
liabilities outstanding against each such balance; and the 551
estimated net balance remaining and available for new 552
appropriations; 553
(E) A detailed estimate of the additional revenue receipts 555
in each fund from each source under proposed legislation, if 556
enacted, during each year of the biennium; 557
(F) A description of each tax expenditure; a detailed 559
estimate of the amount of revenues not available to the general 560
revenue fund under existing laws during each fiscal year of the 561
biennium covered by the budget due to the operation of each tax 562
expenditure; and, in comparative form, the amount of revenue not 563
available to the general revenue fund during each fiscal year of 564
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the immediately preceding biennium due to the operation of each 565
tax expenditure. The report prepared by the department of 566
taxation pursuant to section 5703.48 of the Revised Code shall be 567
submitted to the general assembly as an appendix to the 568
governor's budget. As used in this division, "tax expenditure" 569
has the same meaning as in section 5703.48 of the Revised Code. 570
Sec. 107.031. Until the first committee appointed under 579
division (C) of section 3317.012 of the Revised Code to reexamine 581
the cost of an adequate education makes its report to the office 583
of budget and management and the general assembly, the governor 584
shall ensure that among the various budget recommendations made 585
by the governor and the director of budget and management to the 586
general assembly each biennium there are recommendations for
appropriations to the Ohio school facilities commission, 587
aggregating not less than three hundred million dollars per 588
fiscal year, EXCLUDING RECOMMENDATIONS FOR APPROPRIATIONS FROM 589
THE EDUCATION FACILITIES TRUST FUND, CREATED IN SECTION 183.26 OF 590
THE REVISED CODE, for constructing, acquiring, replacing, 591
reconstructing, or adding to classroom facilities, as such term 592
is defined in section 3318.01 of the Revised Code.
Sec. 126.02. The director of budget and management shall 601
prepare and submit to the governor, biennially, not later than 602
the first day of January preceding the convening of the general 603
assembly, state budget estimates of revenues and expenditures for 604
each state fund and budget estimates for each state agency, 605
EXCEPT SUCH ESTIMATES AS ARE REQUIRED UNDER SECTION 126.22 OF THE 606
REVISED CODE. The budget estimates for each state agency for 607
which direct appropriations are proposed shall include the 608
following details:
(A) Estimates of the operating budget; 610
(B) Estimates of the subsidy appropriations necessary, 612
delineated by a distinct subsidy program; 613
(C) Estimates for special purposes, delineated by a 615
distinct special purpose program; 616
16
(D) Estimates of appropriations necessary from each fund 618
in reasonable detail to allow for adequate planning and oversight 619
of programs and activities. 620
In the preparation of state revenue and expenditure 622
estimates, the director of budget and management shall, not later 623
than the fifteenth day of September in the year preceding the 624
first regular session of the general assembly, distribute to all 625
affected state agencies the forms necessary for the preparation 626
of budget requests, which shall be in the form prescribed by the 627
director in consultation with the legislative budget office of 628
the legislative service commission to procure information 629
concerning the revenues and expenditures for the preceding and 630
current bienniums, an estimate of the revenues and expenditures 631
of the current fiscal year, and an estimate of the revenues and 632
proposed expenditures for the respective agencies for the two 633
succeeding fiscal years for which appropriations have to be made. 634
Each such agency shall, not later than the first day of November, 635
file with the director its estimate of revenues and proposed 636
expenditures for the succeeding biennium. 637
Each such agency shall, not later than the first day of 639
December, file with the chairmen CHAIRPERSON of the finance 640
committees of the senate and house of representatives and the 642
legislative budget office a duplicate copy of such budget 643
request.
The budget request shall be accompanied by a statement in 645
writing giving facts and explanation of reasons for the items 646
requested. The director and the legislative budget office may 647
make further inquiry and investigation as to any item desired. 648
The director may approve, disapprove, or alter the requests, 649
excepting those for the legislative and judicial branches of the 650
state. The requests as revised by him THE DIRECTOR constitute 651
the state budget estimates of revenues and expenditures which the 652
director is required to submit to the governor. 653
Sec. 126.022. NOT LATER THAN FOUR WEEKS AFTER THE GENERAL 656
17
ASSEMBLY CONVENES IN EACH EVEN-NUMBERED YEAR, THE DIRECTOR OF 657
BUDGET AND MANAGEMENT SHALL PREPARE AND RECOMMEND TO THE GENERAL 658
ASSEMBLY, SUBJECT TO THE CONCURRENCE OF THE GOVERNOR, ESTIMATES 659
OF REVENUES FROM, OR DERIVED FROM, PAYMENTS TO THE STATE UNDER 660
THE TOBACCO MASTER SETTLEMENT AGREEMENT AND EXPENDITURES OF SUCH 661
REVENUES FOR THE BIENNIUM BEGINNING ON THE FOLLOWING FIRST DAY OF 662
JULY. EACH STATE AGENCY AFFECTED BY SUCH REVENUES OR 663
EXPENDITURES SHALL SUBMIT TO THE DIRECTOR OF BUDGET AND
MANAGEMENT ANY RELATED INFORMATION THE DIRECTOR REQUIRES, IN SUCH 665
FORM AND AT SUCH TIMES AS THE DIRECTOR PRESCRIBES. 666
Sec. 183.01. AS USED IN THIS CHAPTER: 668
(A) "TOBACCO MASTER SETTLEMENT AGREEMENT" MEANS THE 670
SETTLEMENT AGREEMENT (AND RELATED DOCUMENTS) ENTERED INTO ON 671
NOVEMBER 23, 1998 BY THE STATE AND LEADING UNITED STATES TOBACCO 672
PRODUCT MANUFACTURERS. 673
(B) "NET AMOUNTS CREDITED TO THE TOBACCO MASTER SETTLEMENT 675
AGREEMENT FUND" MEANS ALL AMOUNTS CREDITED TO THE TOBACCO MASTER 676
SETTLEMENT AGREEMENT FUND DURING A FISCAL YEAR, MINUS ALL AMOUNTS 677
REQUIRED TO BE TRANSFERRED UNDER SECTION 183.02 OF THE REVISED 679
CODE TO THE EDUCATION FACILITIES TRUST FUND, THE EDUCATION 680
FACILITIES ENDOWMENT FUND, AND THE INCOME TAX REDUCTION FUND 682
DURING THE FISCAL YEAR. IN ADDITION, IN FISCAL YEAR 2000, "NET 684
AMOUNTS CREDITED TO THE TOBACCO MASTER SETTLEMENT AGREEMENT FUND" 685
DOES NOT INCLUDE AMOUNTS CREDITED TO THE TOBACCO USE PREVENTION
AND CESSATION TRUST FUND, LAW ENFORCEMENT IMPROVEMENTS TRUST 686
FUND, AND SOUTHERN OHIO AGRICULTURAL AND COMMUNITY DEVELOPMENT 687
TRUST FUND FROM THE FIRST PAYMENT RECEIVED THAT YEAR. 688
(C) "SOUTHERN OHIO" INCLUDES ANY COUNTY IN THIS STATE 690
WHERE TOBACCO HAS TRADITIONALLY BEEN GROWN. 691
Sec. 183.02. THIS SECTION'S REFERENCES TO YEARS MEAN STATE 693
FISCAL YEARS.
ALL PAYMENTS RECEIVED BY THE STATE PURSUANT TO THE TOBACCO 696
MASTER SETTLEMENT AGREEMENT SHALL BE DEPOSITED INTO THE STATE
TREASURY TO THE CREDIT OF THE TOBACCO MASTER SETTLEMENT AGREEMENT 697
18
FUND, WHICH IS HEREBY CREATED. ALL INVESTMENT EARNINGS OF THE 698
FUND SHALL ALSO BE CREDITED TO THE FUND. EXCEPT AS PROVIDED IN 699
DIVISION (I) OF THIS SECTION, PAYMENTS AND INTEREST CREDITED TO 700
THE FUND SHALL BE TRANSFERRED BY THE DIRECTOR OF BUDGET AND 701
MANAGEMENT AS FOLLOWS: 702
(A) OF THE FIRST PAYMENT CREDITED TO THE TOBACCO MASTER 704
SETTLEMENT AGREEMENT FUND IN 2000 AND THE NET AMOUNTS CREDITED TO 706
THE FUND ANNUALLY FROM 2000 TO 2006 AND IN 2012, THE FOLLOWING 708
AMOUNT OR PERCENTAGE SHALL BE TRANSFERRED TO THE TOBACCO USE
PREVENTION AND CESSATION TRUST FUND, CREATED IN SECTION 183.03 OF 709
THE REVISED CODE: 710
YEAR AMOUNT OR PERCENTAGE 712
2000 (FIRST PAYMENT CREDITED) $104,855,222.85 713
2000 (NET AMOUNT CREDITED) 70.30% 714
2001 62.84 715
2002 61.41 716
2003 63.24 717
2004 66.65 718
2005 66.24 719
2006 65.97 720
2012 56.01 721
(B) OF THE FIRST PAYMENT CREDITED TO THE TOBACCO MASTER 723
SETTLEMENT AGREEMENT FUND IN 2000 AND THE NET AMOUNTS CREDITED TO 725
THE FUND ANNUALLY IN 2000 AND 2001, THE FOLLOWING AMOUNT OR 727
PERCENTAGE SHALL BE TRANSFERRED TO THE LAW ENFORCEMENT 728
IMPROVEMENTS TRUST FUND, CREATED IN SECTION 183.10 OF THE REVISED 729
CODE:
YEAR AMOUNT OR PERCENTAGE 732
2000 (FIRST PAYMENT CREDITED) $10,000,000 733
2000 (NET AMOUNT CREDITED) 5.41% 734
2001 2.32 735
(C) OF THE FIRST PAYMENT CREDITED TO THE TOBACCO MASTER 738
SETTLEMENT AGREEMENT FUND IN 2000 AND THE NET AMOUNTS CREDITED TO 739
THE FUND ANNUALLY FROM 2000 TO 2011, THE FOLLOWING PERCENTAGES 740
19
SHALL BE TRANSFERRED TO THE SOUTHERN OHIO AGRICULTURAL AND 741
COMMUNITY DEVELOPMENT TRUST FUND, CREATED IN SECTION 183.11 OF 742
THE REVISED CODE: 743
YEAR PERCENTAGE 745
2000 (FIRST PAYMENT CREDITED) 5.00% 746
2000 (NET AMOUNT CREDITED) 8.73 747
2001 8.12 748
2002 9.18 749
2003 8.91 750
2004 7.84 751
2005 7.79 752
2006 7.76 753
2007 17.39 754
2008 THROUGH 2011 17.25 755
(D) THE FOLLOWING PERCENTAGES OF THE NET AMOUNTS CREDITED 757
TO THE TOBACCO MASTER SETTLEMENT AGREEMENT FUND ANNUALLY SHALL BE 758
TRANSFERRED TO OHIO'S PUBLIC HEALTH PRIORITIES TRUST FUND, 759
CREATED IN SECTION 183.18 OF THE REVISED CODE: 760
YEAR PERCENTAGE 762
2000 5.41 763
2001 6.68 764
2002 6.79 765
2003 6.90 766
2004 7.82 767
2005 8.18 768
2006 8.56 769
2007 19.83 770
2008 19.66 771
2009 20.48 772
2010 21.30 773
2011 22.12 774
2012 10.47 775
(E) THE FOLLOWING PERCENTAGES OF THE NET AMOUNTS CREDITED 777
TO THE TOBACCO MASTER SETTLEMENT AGREEMENT FUND ANNUALLY SHALL BE 778
20
TRANSFERRED TO THE BIOMEDICAL RESEARCH AND TECHNOLOGY TRANSFER 779
TRUST FUND, CREATED IN SECTION 183.19 OF THE REVISED CODE: 781
YEAR PERCENTAGE 783
2000 2.71 784
2001 14.03 785
2002 13.29 786
2003 12.73 787
2004 13.78 788
2005 14.31 789
2006 14.66 790
2007 49.57 791
2008 TO 2011 45.06 792
2012 18.77 793
(F) OF THE AMOUNTS CREDITED TO THE TOBACCO MASTER 796
SETTLEMENT AGREEMENT FUND ANNUALLY, THE FOLLOWING AMOUNTS SHALL 797
BE TRANSFERRED TO THE EDUCATION FACILITIES TRUST FUND, CREATED IN 798
SECTION 183.26 OF THE REVISED CODE: 799
YEAR AMOUNT 801
2000 $133,062,504.95 802
2001 128,938,732.73 803
2002 185,804,475.78 804
2003 180,561,673.11 805
2004 122,778,219.49 806
2005 121,389,325.80 807
2006 120,463,396.67 808
2007 246,389,369.01 809
2008 TO 2011 267,531,291.85 810
2012 110,954,544.28 811
(G) OF THE AMOUNTS CREDITED TO THE TOBACCO MASTER 814
SETTLEMENT AGREEMENT FUND ANNUALLY, FROM 2000 TO 2012 FIVE 815
MILLION DOLLARS PER YEAR SHALL BE TRANSFERRED TO THE EDUCATION 816
FACILITIES ENDOWMENT FUND, CREATED IN SECTION 183.27 OF THE 817
REVISED CODE. FROM 2013 TO 2025, THE FOLLOWING PERCENTAGES OF 819
THE AMOUNTS CREDITED TO THE TOBACCO MASTER SETTLEMENT AGREEMENT 820
21
FUND ANNUALLY SHALL BE TRANSFERRED TO THE ENDOWMENT FUND: 821
YEAR PERCENTAGE 823
2013 30.22 824
2014 33.36 825
2015 TO 2025 40.90 826
(H) THE FOLLOWING PERCENTAGES OF THE NET AMOUNTS CREDITED 829
TO THE TOBACCO MASTER SETTLEMENT AGREEMENT FUND ANNUALLY SHALL BE 830
TRANSFERRED TO THE EDUCATION TECHNOLOGY TRUST FUND, CREATED IN 831
SECTION 183.28 OF THE REVISED CODE: 832
YEAR PERCENTAGE 834
2000 7.44 835
2001 6.01 836
2002 9.33 837
2003 8.22 838
2004 3.91 839
2005 3.48 840
2006 3.05 841
2007 13.21 842
2008 18.03 843
2009 17.21 844
2010 16.39 845
2011 15.57 846
2012 14.75 847
(I) IF IN ANY YEAR FROM 2001 TO 2012 THE PAYMENTS AND 850
INTEREST CREDITED TO THE TOBACCO MASTER SETTLEMENT AGREEMENT FUND 851
DURING THE YEAR AMOUNT TO LESS THAN THE AMOUNTS REQUIRED TO BE 852
TRANSFERRED TO THE EDUCATION FACILITIES TRUST FUND AND THE 854
EDUCATION FACILITIES ENDOWMENT FUND THAT YEAR, THE DIRECTOR OF 855
BUDGET AND MANAGEMENT SHALL MAKE NONE OF THE TRANSFERS REQUIRED 856
BY DIVISIONS (A) TO (H) OF THIS SECTION. 857
(J) IF IN ANY YEAR FROM 2000 TO 2025 THE PAYMENTS CREDITED 859
TO THE TOBACCO MASTER SETTLEMENT AGREEMENT FUND DURING THE YEAR 860
EXCEED THE FOLLOWING AMOUNTS, THE DIRECTOR OF BUDGET AND 861
MANAGEMENT SHALL TRANSFER THE EXCESS TO THE INCOME TAX REDUCTION 862
22
FUND, CREATED IN SECTION 131.44 OF THE REVISED CODE: 863
YEAR AMOUNT 866
2000 $443,892,767.51 867
2001 348,780,049.22 868
2002 418,783,038.09 869
2003 422,746,366.61 870
2004 352,827,184.57 871
2005 352,827,184.57 872
2006 352,827,184.57 873
2007 352,827,184.57 874
2008 TO 2017 383,779,323.15 875
2018 TO 2025 403,202,282.16 876
Sec. 183.021. (A) NO MONEY FROM THE TOBACCO MASTER 879
SETTLEMENT AGREEMENT FUND SHALL BE EXPENDED TO DO ANY OF THE 880
FOLLOWING:
(1) HIRE AN EXECUTIVE AGENCY LOBBYIST, AS DEFINED UNDER 882
SECTION 121.60 OF THE REVISED CODE, OR A LEGISLATIVE AGENT, AS 883
DEFINED UNDER SECTION 101.70 OF THE REVISED CODE; 884
(2) SUPPORT OR OPPOSE CANDIDATES, BALLOT QUESTIONS, 886
REFERENDUMS, OR BALLOT INITIATIVES. 887
(B) NOTHING IN THIS SECTION PROHIBITS ANY OF THE FOLLOWING 889
FROM ADVOCATING ON BEHALF OF THE SPECIFIC OBJECTIVES OF A PROGRAM 890
FUNDED UNDER THIS CHAPTER: 891
(1) THE MEMBERS OF THE BOARD OF TRUSTEES, EXECUTIVE 893
DIRECTOR, OR EMPLOYEES OF THE TOBACCO USE PREVENTION AND CONTROL 894
FOUNDATION;
(2) THE MEMBERS OF THE BOARD OF TRUSTEES, EXECUTIVE 896
DIRECTOR, OR EMPLOYEES OF THE SOUTHERN OHIO AGRICULTURAL AND 897
COMMUNITY DEVELOPMENT FOUNDATION; 898
(3) THE MEMBERS, EXECUTIVE DIRECTOR, OR EMPLOYEES OF THE 900
BIOMEDICAL RESEARCH AND TECHNOLOGY TRANSFER COMMISSION. 901
Sec. 183.03. THE TOBACCO USE PREVENTION AND CESSATION 903
TRUST FUND IS HEREBY CREATED IN THE STATE TREASURY. MONEY 904
CREDITED TO THE FUND SHALL BE USED AS PROVIDED IN SECTIONS 183.04 905
23
TO 183.10 OF THE REVISED CODE. ALL INVESTMENT EARNINGS OF THE 907
FUND SHALL BE CREDITED TO THE FUND. 908
Sec. 183.04. THERE IS HEREBY CREATED THE TOBACCO USE 910
PREVENTION AND CONTROL FOUNDATION, THE GENERAL MANAGEMENT OF 911
WHICH IS VESTED IN A BOARD OF TRUSTEES OF TWENTY MEMBERS AS 912
FOLLOWS:
(A) EIGHT MEMBERS WHO ARE HEALTH PROFESSIONALS, HEALTH 914
RESEARCHERS, OR REPRESENTATIVES OF HEALTH ORGANIZATIONS. TWO OF 915
THESE MEMBERS SHALL BE APPOINTED BY THE GOVERNOR, TWO BY THE 916
SPEAKER OF THE HOUSE OF REPRESENTATIVES, ONE BY THE MINORITY 917
LEADER OF THE HOUSE OF REPRESENTATIVES, TWO BY THE PRESIDENT OF 918
THE SENATE, AND ONE BY THE MINORITY LEADER OF THE SENATE. 920
(B) TWO MEMBERS, ONE OF WHOM HAS EXPERIENCE IN FINANCIAL 922
PLANNING AND ACCOUNTING AND ONE OF WHOM HAS EXPERIENCE IN MEDIA 923
AND MASS MARKETING, WHO SHALL BE APPOINTED BY THE GOVERNOR; 924
(C) ONE MEMBER, WHO SHALL BE APPOINTED BY THE GOVERNOR 926
FROM A LIST OF AT LEAST THREE INDIVIDUALS RECOMMENDED BY THE 927
AMERICAN CANCER SOCIETY; 928
(D) ONE MEMBER, WHO SHALL BE APPOINTED BY THE GOVERNOR 930
FROM A LIST OF AT LEAST THREE INDIVIDUALS RECOMMENDED BY THE 931
AMERICAN HEART ASSOCIATION; 932
(E) ONE MEMBER, WHO SHALL BE APPOINTED BY THE GOVERNOR 934
FROM A LIST OF AT LEAST THREE INDIVIDUALS RECOMMENDED BY THE 935
AMERICAN LUNG ASSOCIATION; 936
(F) ONE MEMBER, WHO SHALL BE APPOINTED BY THE GOVERNOR 938
FROM A LIST OF AT LEAST THREE INDIVIDUALS RECOMMENDED BY THE 939
ASSOCIATION OF HOSPITALS AND HEALTH SYSTEMS; 940
(G) ONE MEMBER, WHO SHALL BE APPOINTED BY THE GOVERNOR 942
FROM A LIST OF AT LEAST THREE INDIVIDUALS RECOMMENDED BY THE OHIO 943
STATE MEDICAL ASSOCIATION; 945
(H) ONE MEMBER, WHO SHALL BE APPOINTED BY THE GOVERNOR 947
FROM A LIST OF AT LEAST THREE INDIVIDUALS RECOMMENDED BY THE 948
ASSOCIATION OF OHIO HEALTH COMMISSIONERS; 949
(I) ONE MEMBER, WHO SHALL BE APPOINTED BY THE GOVERNOR 952
24
FROM A LIST OF AT LEAST THREE INDIVIDUALS RECOMMENDED BY THE OHIO 953
DENTAL ASSOCIATION;
(J) THE DIRECTOR OF HEALTH, EXECUTIVE DIRECTOR OF THE 955
COMMISSION ON MINORITY HEALTH, AND ATTORNEY GENERAL, WHO SHALL 956
SERVE AS EX OFFICIO MEMBERS. 957
THE APPOINTMENTS OF THE GOVERNOR SHALL BE WITH THE ADVICE 959
AND CONSENT OF THE SENATE. 960
TERMS OF OFFICE FOR THE MEMBERS APPOINTED BY THE GOVERNOR, 962
PRESIDENT, SPEAKER, AND MINORITY LEADERS SHALL BE FOR FIVE YEARS. 963
EACH MEMBER SHALL HOLD OFFICE FROM THE DATE OF APPOINTMENT UNTIL 965
THE END OF THE TERM FOR WHICH THE MEMBER WAS APPOINTED. ANY 966
MEMBER APPOINTED TO FILL A VACANCY OCCURRING PRIOR TO THE 967
EXPIRATION OF THE TERM FOR WHICH THE MEMBER'S PREDECESSOR WAS 968
APPOINTED SHALL HOLD OFFICE FOR THE REMAINDER OF THAT TERM. ANY 969
MEMBER SHALL CONTINUE IN OFFICE SUBSEQUENT TO THE EXPIRATION DATE 970
OF THE MEMBER'S TERM UNTIL THE MEMBER'S SUCCESSOR TAKES OFFICE, 971
OR UNTIL A PERIOD OF SIXTY DAYS HAS ELAPSED, WHICHEVER OCCURS 972
FIRST. A VACANCY IN AN UNEXPIRED TERM SHALL BE FILLED IN THE 973
SAME MANNER AS THE ORIGINAL APPOINTMENT. THE GOVERNOR MAY REMOVE 974
ANY MEMBER FOR MALFEASANCE, MISFEASANCE, OR NONFEASANCE AFTER A 975
HEARING IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE. 977
THE MEMBERS OF THE BOARD SHALL SERVE WITHOUT COMPENSATION 979
BUT SHALL RECEIVE THEIR REASONABLE AND NECESSARY EXPENSES 980
INCURRED IN THE CONDUCT OF FOUNDATION BUSINESS. 981
SECTION 101.84 OF THE REVISED CODE DOES NOT APPLY TO THE 983
FOUNDATION. 984
Sec. 183.05. THE BOARD OF TRUSTEES OF THE TOBACCO USE 986
PREVENTION AND CONTROL FOUNDATION SHALL SELECT A CHAIRPERSON FROM 987
AMONG ITS MEMBERS AND SHALL MEET ONCE DURING EACH QUARTER OR AT 988
SUCH OTHER TIMES AS THE BOARD DECIDES. A MAJORITY OF THE MEMBERS 989
OF THE BOARD CONSTITUTES A QUORUM, AND NO ACTION SHALL BE TAKEN 990
WITHOUT THE AFFIRMATIVE VOTE OF A MAJORITY OF THE MEMBERS. 991
Sec. 183.06. THE BOARD OF TRUSTEES OF THE TOBACCO USE 993
PREVENTION AND CONTROL FOUNDATION SHALL APPOINT AND SET THE 994
25
COMPENSATION OF AN EXECUTIVE DIRECTOR AND OTHER EMPLOYEES NEEDED 995
TO CARRY OUT THE DUTIES OF THE FOUNDATION. BEFORE ENTERING UPON 996
THE DISCHARGE OF THE DUTIES OF OFFICE, THE EXECUTIVE DIRECTOR 997
SHALL GIVE A BOND TO THE STATE, TO BE APPROVED BY THE GOVERNOR, 998
CONDITIONED FOR THE FAITHFUL PERFORMANCE OF THE DUTIES OF OFFICE. 999
THE EXECUTIVE DIRECTOR AND THE OTHER EMPLOYEES OF THE FOUNDATION 1,000
ARE STATE EMPLOYEES AND SERVE IN THE UNCLASSIFIED SERVICE. 1,001
Sec. 183.07. THE TOBACCO USE PREVENTION AND CONTROL 1,003
FOUNDATION SHALL PREPARE A PLAN TO REDUCE TOBACCO USE BY OHIOANS, 1,004
WITH EMPHASIS ON REDUCING THE USE OF TOBACCO BY YOUTH, MINORITY 1,005
AND REGIONAL POPULATIONS, PREGNANT WOMEN, AND OTHERS WHO MAY BE 1,006
DISPROPORTIONATELY AFFECTED BY THE USE OF TOBACCO. THE PLAN 1,007
SHALL COVER A PERIOD OF AT LEAST FIVE YEARS AND BE UPDATED 1,008
ANNUALLY. AT A MINIMUM, THE PLAN SHALL CONTAIN BASELINE DATA FOR 1,009
TOBACCO USE BY OHIOANS AND ESTABLISH OUTCOME OBJECTIVES FOR 1,010
REDUCING TOBACCO USE BY OHIOANS DURING THE PERIOD COVERED BY THE 1,011
PLAN. THE PLAN MAY PROVIDE FOR PERIODIC SURVEYS TO MEASURE 1,013
TOBACCO USE AND BEHAVIOR TOWARD TOBACCO USE BY OHIOANS. COPIES 1,014
OF THE PLAN SHALL BE AVAILABLE TO THE PUBLIC. 1,015
THE PLAN MAY ALSO DESCRIBE YOUTH TOBACCO CONSUMPTION 1,017
PREVENTION PROGRAMS TO BE ELIGIBLE FOR CONSIDERATION FOR GRANTS 1,018
FROM THE FOUNDATION AND MAY SET FORTH THE CRITERIA BY WHICH 1,019
APPLICATIONS FOR GRANTS FOR SUCH PROGRAMS WILL BE CONSIDERED BY 1,020
THE FOUNDATION. PROGRAMS ELIGIBLE FOR CONSIDERATION MAY INCLUDE: 1,021
(A) MEDIA CAMPAIGNS DIRECTED TO YOUTH TO PREVENT UNDERAGE 1,023
TOBACCO CONSUMPTION; 1,024
(B) SCHOOL-BASED EDUCATION PROGRAMS TO PREVENT YOUTH 1,026
TOBACCO CONSUMPTION; 1,027
(C) COMMUNITY-BASED YOUTH PROGRAMS INVOLVING YOUTH TOBACCO 1,029
CONSUMPTION PREVENTION THROUGH GENERAL YOUTH DEVELOPMENT; 1,030
(D) RETAILER EDUCATION AND COMPLIANCE EFFORTS TO PREVENT 1,032
YOUTH TOBACCO CONSUMPTION; 1,033
(E) MENTORING PROGRAMS DESIGNED TO PREVENT OR REDUCE 1,035
TOBACCO USE BY STUDENTS. 1,036
26
PURSUANT TO THE PLAN, THE FOUNDATION SHALL CARRY OUT, OR 1,038
PROVIDE FUNDING FOR PRIVATE OR PUBLIC AGENCIES TO CARRY OUT, 1,039
RESEARCH AND PROGRAMS RELATED TO TOBACCO USE PREVENTION AND 1,040
CESSATION. THE FOUNDATION SHALL ESTABLISH AN OBJECTIVE PROCESS 1,041
TO DETERMINE WHICH RESEARCH AND PROGRAM PROPOSALS TO FUND. WHEN 1,042
APPROPRIATE, PROPOSALS FOR RESEARCH SHALL BE PEER-REVIEWED. NO 1,043
PROGRAM SHALL BE CARRIED OUT OR FUNDED BY THE FOUNDATION UNLESS 1,044
THERE IS RESEARCH THAT INDICATES THAT THE PROGRAM IS LIKELY TO 1,045
ACHIEVE THE RESULTS DESIRED. ALL RESEARCH AND PROGRAMS FUNDED BY 1,046
THE FOUNDATION SHALL BE GOAL-ORIENTED AND INDEPENDENTLY AND 1,047
OBJECTIVELY EVALUATED ANNUALLY ON WHETHER IT IS MEETING ITS 1,048
GOALS. THE FOUNDATION SHALL CONTRACT FOR SUCH EVALUATIONS AND 1,049
FOR THE ANNUAL EVALUATION REQUIRED BY SECTION 183.09 OF THE 1,050
REVISED CODE AND SHALL ADOPT RULES UNDER CHAPTER 119. OF THE 1,052
REVISED CODE REGARDING CONFLICTS OF INTEREST IN THE RESEARCH AND 1,054
PROGRAMS IT FUNDS.
THE FOUNDATION SHALL ENDEAVOR TO COORDINATE ITS RESEARCH 1,056
AND PROGRAMS WITH THE EFFORTS OF OTHER AGENCIES OF THIS STATE TO 1,057
REDUCE TOBACCO USE BY OHIOANS. ANY STATE AGENCY THAT CONDUCTS A 1,059
SURVEY THAT MEASURES TOBACCO USE OR BEHAVIOR TOWARD TOBACCO USE 1,060
BY OHIOANS SHALL SHARE THE RESULTS OF THE SURVEY WITH THE
FOUNDATION. 1,061
Sec. 183.08. (A) THERE IS HEREBY CREATED THE TOBACCO USE 1,063
PREVENTION AND CONTROL ENDOWMENT FUND, WHICH SHALL BE IN THE 1,065
CUSTODY OF THE TREASURER OF STATE BUT SHALL NOT BE A PART OF THE 1,066
STATE TREASURY. THE ENDOWMENT FUND SHALL CONSIST OF AMOUNTS 1,067
APPROPRIATED FROM THE TOBACCO USE PREVENTION AND CESSATION TRUST 1,068
FUND, AS WELL AS GRANTS AND DONATIONS MADE TO THE TOBACCO USE 1,069
PREVENTION AND CONTROL FOUNDATION AND INVESTMENT EARNINGS OF THE 1,070
FUND. THE ENDOWMENT FUND SHALL BE USED BY THE FOUNDATION TO 1,071
CARRY OUT ITS DUTIES. 1,072
THE FOUNDATION IS THE TRUSTEE OF THE ENDOWMENT FUND. 1,074
DISBURSEMENTS FROM THE FUND SHALL BE PAID BY THE TREASURER OF 1,075
STATE ONLY UPON INSTRUMENTS DULY AUTHORIZED BY THE BOARD OF 1,076
27
TRUSTEES OF THE FOUNDATION. AT THE REQUEST OF THE FOUNDATION, 1,077
THE TREASURER OF STATE SHALL SELECT AND CONTRACT WITH ONE OR MORE 1,078
INVESTMENT MANAGERS TO INVEST ALL MONEY CREDITED TO THE FUND THAT 1,079
IS NOT CURRENTLY NEEDED FOR CARRYING OUT THE FUNCTIONS OF THE 1,080
FOUNDATION. THE ELIGIBLE LIST OF INVESTMENTS SHALL BE THE SAME 1,081
AS FOR THE PUBLIC EMPLOYEES RETIREMENT SYSTEM UNDER SECTION 1,082
145.11 OF THE REVISED CODE. ALL INVESTMENTS SHALL BE SUBJECT TO 1,083
THE SAME LIMITATIONS AND REQUIREMENTS AS THE RETIREMENT SYSTEM 1,085
UNDER THAT SECTION AND SECTIONS 145.112 AND 145.113 OF THE 1,086
REVISED CODE.
(B) THE FOUNDATION SHALL BE SELF-SUSTAINING AND SHOULD NOT 1,088
EXPECT TO RECEIVE FUNDING FROM THE STATE BEYOND THE AMOUNTS 1,090
APPROPRIATED TO IT FROM THE TOBACCO USE PREVENTION AND CESSATION 1,091
TRUST FUND.
Sec. 183.09. THE FISCAL YEAR OF THE TOBACCO USE PREVENTION 1,093
AND CONTROL FOUNDATION SHALL BE THE SAME AS THE FISCAL YEAR OF 1,094
THE STATE.
WITHIN NINETY DAYS AFTER THE END OF EACH FISCAL YEAR, THE 1,096
FOUNDATION SHALL SUBMIT TO THE GOVERNOR AND THE GENERAL ASSEMBLY 1,097
BOTH OF THE FOLLOWING: 1,098
(A) A REPORT OF THE ACTIVITIES OF THE FOUNDATION DURING 1,100
THE PRECEDING FISCAL YEAR AND AN INDEPENDENT AND OBJECTIVE 1,101
EVALUATION OF THE PROGRESS BEING MADE BY THE FOUNDATION IN 1,102
REDUCING TOBACCO USE BY OHIOANS; 1,103
(B) A FINANCIAL REPORT OF THE FOUNDATION FOR THE PRECEDING 1,105
FISCAL YEAR, WHICH SHALL INCLUDE BOTH: 1,106
(1) INFORMATION ON THE AMOUNT AND PERCENTAGE OF OVERHEAD 1,108
AND ADMINISTRATIVE EXPENDITURES COMPARED TO PROGRAMMATIC 1,109
EXPENDITURES;
(2) AN INDEPENDENT AUDITOR'S REPORT ON THE GENERAL PURPOSE 1,111
FINANCIAL STATEMENTS OF THE FOUNDATION. SUCH FINANCIAL 1,112
STATEMENTS SHALL BE PREPARED IN CONFORMITY WITH GENERALLY 1,113
ACCEPTED ACCOUNTING PRINCIPLES PRESCRIBED FOR GOVERNMENTAL 1,114
ENTITIES.
28
Sec. 183.10. THE LAW ENFORCEMENT IMPROVEMENTS TRUST FUND 1,116
IS HEREBY CREATED IN THE STATE TREASURY. MONEY CREDITED TO THE 1,117
FUND SHALL BE USED BY THE ATTORNEY GENERAL TO MAINTAIN, UPGRADE, 1,118
AND MODERNIZE THE LAW ENFORCEMENT TRAINING AND LABORATORY 1,119
FACILITIES OF THE OFFICE OF THE ATTORNEY GENERAL. ALL INVESTMENT 1,120
EARNINGS OF THE FUND SHALL BE CREDITED TO THE FUND. 1,121
Sec. 183.11. THE SOUTHERN OHIO AGRICULTURAL AND COMMUNITY 1,123
DEVELOPMENT TRUST FUND IS HEREBY CREATED IN THE STATE TREASURY. 1,124
MONEY CREDITED TO THE FUND SHALL BE USED AS PROVIDED IN SECTIONS 1,125
183.12 TO 183.17 OF THE REVISED CODE. ALL INVESTMENT EARNINGS OF 1,127
THE FUND SHALL BE CREDITED TO THE FUND. 1,128
Sec. 183.12. THERE IS HEREBY CREATED THE SOUTHERN OHIO 1,130
AGRICULTURAL AND COMMUNITY DEVELOPMENT FOUNDATION, THE GENERAL 1,131
MANAGEMENT OF WHICH IS VESTED IN A BOARD OF TRUSTEES OF TWELVE 1,132
MEMBERS AS FOLLOWS: 1,133
(A) THE DIRECTOR OF AGRICULTURE, DIRECTOR OF DEVELOPMENT, 1,136
EXECUTIVE DIRECTOR OF THE OHIO RURAL DEVELOPMENT PARTNERSHIP, AND 1,137
DIRECTOR OF THE OHIO STATE UNIVERSITY EXTENSION, WHO SHALL SERVE 1,139
AS EX OFFICIO OFFICERS;
(B) TWO RESIDENTS OF MAJOR TOBACCO-PRODUCING COUNTIES WITH 1,141
EXPERIENCE IN LOCAL AGRICULTURAL ECONOMIC DEVELOPMENT OR 1,143
COMMUNITY DEVELOPMENT APPOINTED BY THE GOVERNOR; 1,144
(C) THREE ACTIVE FARMERS FROM MAJOR TOBACCO-PRODUCING 1,146
COUNTIES, WHO SHALL BE APPOINTED BY THE GOVERNOR, TWO OF WHOM 1,150
SHALL BE APPOINTED FROM A LIST OF AT LEAST FOUR INDIVIDUALS 1,151
RECOMMENDED BY THE OHIO FARM BUREAU AND ONE OF WHOM SHALL BE 1,152
APPOINTED FROM A LIST OF AT LEAST TWO INDIVIDUALS RECOMMENDED BY
THE FARMERS' UNION; 1,153
(D) THREE ACTIVE TOBACCO FARMERS FROM MAJOR 1,155
TOBACCO-PRODUCING COUNTIES, WHO SHALL BE APPOINTED BY THE 1,156
GOVERNOR FROM A LIST OF AT LEAST SIX INDIVIDUALS RECOMMENDED BY 1,157
THE OHIO TOBACCO GROWERS ASSOCIATION.
THE APPOINTMENTS OF THE GOVERNOR SHALL BE WITH THE ADVICE 1,159
AND CONSENT OF THE SENATE. 1,160
29
TERMS OF OFFICE FOR THE MEMBERS APPOINTED BY THE GOVERNOR 1,162
SHALL BE FOR FIVE YEARS. EACH SUCH MEMBER SHALL HOLD OFFICE FROM 1,163
THE DATE OF APPOINTMENT UNTIL THE END OF THE TERM FOR WHICH THE 1,164
MEMBER WAS APPOINTED. ANY MEMBER APPOINTED BY THE GOVERNOR TO 1,165
FILL A VACANCY OCCURRING PRIOR TO THE EXPIRATION OF THE TERM FOR 1,167
WHICH THE MEMBER'S PREDECESSOR WAS APPOINTED SHALL HOLD OFFICE 1,168
FOR THE REMAINDER OF SUCH TERM. ANY MEMBER APPOINTED BY THE 1,169
GOVERNOR SHALL CONTINUE IN OFFICE SUBSEQUENT TO THE EXPIRATION 1,170
DATE OF THE MEMBER'S TERM UNTIL THE MEMBER'S SUCCESSOR TAKES 1,171
OFFICE, OR UNTIL A PERIOD OF SIXTY DAYS HAS ELAPSED, WHICHEVER 1,172
OCCURS FIRST. THE GOVERNOR MAY REMOVE ANY MEMBER APPOINTED BY 1,174
THE GOVERNOR FOR MALFEASANCE, MISFEASANCE, OR NONFEASANCE AFTER A 1,176
HEARING IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE. 1,178
A VACANCY ON THE BOARD SHALL BE FILLED IN THE SAME MANNER 1,181
AS THE ORIGINAL APPOINTMENT.
THE MEMBERS OF THE BOARD SHALL SERVE WITHOUT COMPENSATION 1,183
BUT SHALL RECEIVE THEIR REASONABLE AND NECESSARY EXPENSES 1,184
INCURRED IN THE CONDUCT OF FOUNDATION BUSINESS. 1,185
SECTION 101.84 OF THE REVISED CODE DOES NOT APPLY TO THE 1,187
FOUNDATION. 1,188
AS USED IN THIS SECTION, "MAJOR TOBACCO-PRODUCING COUNTIES" 1,190
MEANS ANY OF THE COUNTIES, RANKED IN DESCENDING ORDER OF POUNDS 1,191
PRODUCED, WHERE NINETY-FIVE PER CENT OF THE 1998 BURLEY TOBACCO 1,192
QUOTA FOR THE STATE WAS PRODUCED. 1,193
Sec. 183.13. THE BOARD OF TRUSTEES OF THE SOUTHERN OHIO 1,195
AGRICULTURAL AND COMMUNITY DEVELOPMENT FOUNDATION SHALL SELECT A 1,196
CHAIRPERSON FROM AMONG ITS MEMBERS AND MEET ONCE DURING EACH 1,197
QUARTER OR AT SUCH OTHER TIMES AS THE BOARD DECIDES. A MAJORITY 1,199
OF THE VOTING MEMBERS OF THE BOARD CONSTITUTES A QUORUM, AND NO 1,200
ACTION SHALL BE TAKEN WITHOUT THE AFFIRMATIVE VOTE OF A MAJORITY 1,201
OF THE VOTING MEMBERS.
Sec. 183.14. THE BOARD OF TRUSTEES OF THE SOUTHERN OHIO 1,203
AGRICULTURAL AND COMMUNITY DEVELOPMENT FOUNDATION SHALL APPOINT 1,204
AND SET THE COMPENSATION OF AN EXECUTIVE DIRECTOR AND OTHER 1,205
30
EMPLOYEES NEEDED TO CARRY OUT THE DUTIES OF THE FOUNDATION. 1,206
BEFORE ENTERING UPON THE DISCHARGE OF THE DUTIES OF OFFICE, THE 1,207
EXECUTIVE DIRECTOR SHALL GIVE A BOND TO THE STATE, TO BE APPROVED 1,208
BY THE GOVERNOR, CONDITIONED FOR THE FAITHFUL PERFORMANCE OF THE 1,209
DUTIES OF OFFICE. THE EXECUTIVE DIRECTOR AND THE OTHER EMPLOYEES 1,210
OF THE FOUNDATION ARE STATE EMPLOYEES AND SERVE IN THE 1,211
UNCLASSIFIED SERVICE. 1,212
Sec. 183.15. THE SOUTHERN OHIO AGRICULTURAL AND COMMUNITY 1,214
DEVELOPMENT FOUNDATION SHALL ENDEAVOR TO REPLACE THE PRODUCTION 1,215
OF TOBACCO IN SOUTHERN OHIO WITH THE PRODUCTION OF OTHER 1,216
AGRICULTURAL PRODUCTS AND TO MITIGATE THE ADVERSE ECONOMIC IMPACT 1,217
OF REDUCED TOBACCO PRODUCTION IN THE REGION BY PREPARING, 1,219
IMPLEMENTING, AND KEEPING CURRENT A PLAN TO DEVELOP MEANS FOR 1,221
TOBACCO GROWERS TO GROW OTHER AGRICULTURAL PRODUCTS VOLUNTARILY, 1,222
WHICH MAY INCLUDE ANY OF THE FOLLOWING:
(A) INCREASING THE VARIETY, QUANTITY, AND VALUE OF 1,224
AGRICULTURAL PRODUCTS OTHER THAN TOBACCO THAT ARE PRODUCED IN 1,225
THOSE PARTS OF THIS STATE WHERE TOBACCO HAS TRADITIONALLY BEEN 1,226
GROWN;
(B) PRESERVING AGRICULTURAL LAND AND SOILS IN THOSE PARTS 1,228
OF THIS STATE WHERE TOBACCO HAS TRADITIONALLY BEEN GROWN; 1,229
(C) MAKING STRATEGIC INVESTMENTS IN COMMUNITIES THAT WILL 1,231
BE AFFECTED BY THE REDUCTION IN THE DEMAND FOR TOBACCO; 1,232
(D) PROVIDING EDUCATION AND TRAINING ASSISTANCE TO TOBACCO 1,234
GROWERS TO HELP THEM MAKE THE TRANSITION OUT OF TOBACCO 1,236
PRODUCTION.
COPIES OF THE PLAN SHALL BE MADE AVAILABLE TO THE PUBLIC. 1,238
THE FOUNDATION SHALL MAKE GRANTS OR LOANS TO INDIVIDUALS, 1,240
PUBLIC AGENCIES, OR PRIVATELY OWNED COMPANIES TO CARRY OUT THE 1,241
PLAN. THE FOUNDATION SHALL ALSO ADOPT RULES UNDER CHAPTER 119. 1,242
OF THE REVISED CODE REGARDING CONFLICTS OF INTEREST IN THE MAKING 1,244
OF GRANTS OR LOANS.
Sec. 183.16. THERE IS HEREBY CREATED THE SOUTHERN OHIO 1,247
AGRICULTURAL AND COMMUNITY DEVELOPMENT FOUNDATION ENDOWMENT FUND, 1,248
31
WHICH SHALL BE IN THE CUSTODY OF THE TREASURER OF STATE BUT SHALL 1,250
NOT BE A PART OF THE STATE TREASURY. THE ENDOWMENT FUND SHALL
CONSIST OF AMOUNTS APPROPRIATED FROM THE SOUTHERN OHIO 1,251
AGRICULTURAL AND COMMUNITY DEVELOPMENT TRUST FUND, AS WELL AS 1,252
GRANTS AND DONATIONS MADE TO THE SOUTHERN OHIO AGRICULTURAL AND 1,254
COMMUNITY DEVELOPMENT FOUNDATION AND INVESTMENT EARNINGS OF THE 1,255
FUND. THE ENDOWMENT FUND SHALL BE USED BY THE FOUNDATION TO 1,256
CARRY OUT ITS DUTIES. 1,257
THE FOUNDATION IS THE TRUSTEE OF THE ENDOWMENT FUND. 1,259
DISBURSEMENTS FROM THE FUND SHALL BE PAID BY THE TREASURER OF 1,260
STATE ONLY UPON INSTRUMENTS DULY AUTHORIZED BY THE BOARD OF 1,261
TRUSTEES OF THE FOUNDATION. AT THE REQUEST OF THE FOUNDATION, 1,262
THE TREASURER OF STATE SHALL SELECT AND CONTRACT WITH ONE OR MORE 1,263
INVESTMENT MANAGERS TO INVEST ALL MONEY CREDITED TO THE FUND THAT 1,264
IS NOT CURRENTLY NEEDED FOR CARRYING OUT THE FUNCTIONS OF THE 1,265
FOUNDATION. THE ELIGIBLE LIST OF INVESTMENTS SHALL BE THE SAME 1,266
AS FOR THE PUBLIC EMPLOYEES RETIREMENT SYSTEM UNDER SECTION 1,267
145.11 OF THE REVISED CODE. ALL INVESTMENTS SHALL BE SUBJECT TO 1,269
THE SAME LIMITATIONS AND REQUIREMENTS AS THE RETIREMENT SYSTEM 1,270
UNDER THAT SECTION AND SECTIONS 145.112 AND 145.113 OF THE 1,271
REVISED CODE. 1,272
NO MONEY FROM THE SOUTHERN OHIO AGRICULTURAL AND COMMUNITY 1,274
DEVELOPMENT FOUNDATION ENDOWMENT FUND SHALL BE USED FOR THE 1,275
DIRECT PRODUCTION COSTS OF GROWING TOBACCO. 1,277
Sec. 183.17. THE FISCAL YEAR OF THE SOUTHERN OHIO 1,279
AGRICULTURAL AND COMMUNITY DEVELOPMENT FOUNDATION SHALL BE THE 1,280
SAME AS THE FISCAL YEAR OF THE STATE. 1,281
WITHIN NINETY DAYS AFTER THE END OF EACH FISCAL YEAR, THE 1,283
FOUNDATION SHALL SUBMIT TO THE GOVERNOR AND THE GENERAL ASSEMBLY 1,284
BOTH OF THE FOLLOWING: 1,285
(A) A REPORT OF THE ACTIVITIES OF THE FOUNDATION DURING 1,287
THE PRECEDING FISCAL YEAR. THE REPORT SHALL ALSO CONTAIN AN 1,288
INDEPENDENT EVALUATION OF THE PROGRESS BEING MADE BY THE 1,289
FOUNDATION IN CARRYING OUT ITS DUTIES. 1,290
32
(B) A FINANCIAL REPORT OF THE FOUNDATION FOR THE PRECEDING 1,292
YEAR, WHICH SHALL INCLUDE BOTH: 1,293
(1) INFORMATION ON THE AMOUNT AND PERCENTAGE OF OVERHEAD 1,295
AND ADMINISTRATIVE EXPENDITURES COMPARED TO PROGRAMMATIC 1,296
EXPENDITURES;
(2) AN INDEPENDENT AUDITOR'S REPORT ON THE GENERAL PURPOSE 1,298
FINANCIAL STATEMENTS OF THE FOUNDATION. SUCH FINANCIAL 1,299
STATEMENTS SHALL BE PREPARED IN CONFORMITY WITH GENERALLY 1,300
ACCEPTED ACCOUNTING PRINCIPLES PRESCRIBED FOR GOVERNMENTAL 1,301
ENTITIES.
ON OR BEFORE JULY 1, 2010, THE FOUNDATION SHALL REPORT TO 1,303
THE GOVERNOR AND THE GENERAL ASSEMBLY ON THE PROGRESS THAT THE 1,304
FOUNDATION HAS MADE IN REPLACING THE PRODUCTION OF TOBACCO IN 1,305
SOUTHERN OHIO WITH THE PRODUCTION OF OTHER AGRICULTURAL PRODUCTS 1,306
AND IN MITIGATING THE ADVERSE ECONOMIC IMPACT OF REDUCED TOBACCO 1,307
PRODUCTION IN THE REGION. IF THE FOUNDATION CONCLUDES THAT A 1,309
NEED FOR ADDITIONAL FUNDING STILL EXISTS, THE FOUNDATION MAY 1,310
REQUEST THAT PROVISION BE MADE FOR A PORTION OF THE PAYMENTS 1,311
CREDITED TO THE TOBACCO MASTER SETTLEMENT AGREEMENT FUND TO 1,312
CONTINUE TO BE TRANSFERRED TO THE SOUTHERN OHIO AGRICULTURAL AND 1,313
COMMUNITY DEVELOPMENT TRUST FUND. 1,314
Sec. 183.18. OHIO'S PUBLIC HEALTH PRIORITIES TRUST FUND IS 1,316
HEREBY CREATED IN THE STATE TREASURY. MONEY CREDITED TO THE FUND 1,317
SHALL BE USED FOR THE FOLLOWING PURPOSES: 1,318
(A) MINORITY HEALTH PROGRAMS, ON WHICH NOT LESS THAN 1,320
TWENTY-FIVE PER CENT OF THE ANNUAL APPROPRIATIONS FROM THE TRUST 1,321
FUND SHALL BE EXPENDED; 1,322
(B) ENFORCING SECTION 2927.02 OF THE REVISED CODE; 1,325
(C) ALCOHOL AND DRUG ABUSE PREVENTION PROGRAMS, INCLUDING 1,327
PROGRAMS FOR ADULT AND JUVENILE OFFENDERS IN STATE INSTITUTIONS 1,328
AND AFTERCARE PROGRAMS; 1,329
(D) A NON-ENTITLEMENT PROGRAM FUNDED THROUGH THE 1,331
DEPARTMENT OF HEALTH TO PROVIDE EMERGENCY ASSISTANCE CONSISTING 1,333
OF MEDICATION, OXYGEN, OR BOTH TO SENIORS WHOSE HEALTH HAS BEEN 1,334
33
ADVERSELY AFFECTED BY TOBACCO USE AND WHOSE INCOME DOES NOT 1,335
EXCEED ONE HUNDRED PER CENT OF THE FEDERAL POVERTY GUIDELINES, ON 1,336
WHICH FIVE PER CENT OF THE ANNUAL APPROPRIATIONS FROM THE TRUST 1,337
FUND SHALL BE EXPENDED. HOWEVER, IF FEDERAL FUNDING BECOMES 1,339
AVAILABLE FOR THIS PURPOSE, THE DEPARTMENT SHALL UTILIZE THE 1,340
FEDERAL FUNDING AND THE APPROPRIATIONS FROM THE TRUST FUND SHALL 1,341
BE USED FOR THE OTHER PURPOSES AUTHORIZED BY THIS SECTION. IF
THE FEDERAL PROGRAM REQUIRES SENIORS DESCRIBED BY THIS DIVISION 1,342
TO PAY A PREMIUM OR COPAYMENT TO OBTAIN MEDICATION OR OXYGEN, THE 1,343
DIRECTOR OF HEALTH SHALL RECOMMEND TO THE GENERAL ASSEMBLY 1,344
WHETHER THIS DIVISION'S SET-ASIDE OF FIVE PER CENT OF THE 1,345
APPROPRIATIONS FROM THE TRUST FUND SHOULD BE USED TO PAY SUCH 1,346
PREMIUMS OR COPAYMENTS. AS USED IN THIS DIVISION, "FEDERAL 1,347
POVERTY GUIDELINES" HAS THE SAME MEANING AS IN SECTION 5101.46 OF 1,349
THE REVISED CODE.
(E) PARTIAL REIMBURSEMENT, ON A COUNTY BASIS, OF 1,351
HOSPITALS, FREE MEDICAL CLINICS, AND SIMILAR ORGANIZATIONS OR 1,352
PROGRAMS THAT PROVIDE FREE, UNCOMPENSATED CARE TO THE GENERAL 1,353
PUBLIC, AND OF COUNTIES THAT PAY PRIVATE ENTITIES TO PROVIDE SUCH 1,355
CARE USING REVENUE FROM A PROPERTY TAX LEVIED AT LEAST IN PART 1,356
FOR THAT PURPOSE.
ALL INVESTMENT EARNINGS OF THE FUND SHALL BE CREDITED TO 1,358
THE FUND.
Sec. 183.19. THE BIOMEDICAL RESEARCH AND TECHNOLOGY 1,360
TRANSFER TRUST FUND IS HEREBY CREATED IN THE STATE TREASURY. 1,361
MONEY CREDITED TO THE FUND SHALL BE USED AS PROVIDED IN SECTIONS 1,362
183.20 TO 183.25 OF THE REVISED CODE. ALL INVESTMENT EARNINGS OF 1,363
THE FUND SHALL BE CREDITED TO THE FUND. 1,364
Sec. 183.20. THERE IS HEREBY CREATED THE BIOMEDICAL 1,366
RESEARCH AND TECHNOLOGY TRANSFER COMMISSION WITHIN THE OHIO BOARD 1,367
OF REGENTS. THE COMMISSION SHALL CONSIST OF TWENTY-FIVE MEMBERS 1,368
AS FOLLOWS:
(A) THE CHANCELLOR OF THE BOARD, DIRECTOR OF DEVELOPMENT, 1,370
DIRECTOR OF HEALTH, AND EXECUTIVE DIRECTOR OF THE COMMISSION ON 1,371
34
MINORITY HEALTH, WHO SHALL SERVE AS EX OFFICIO MEMBERS; 1,372
(B) THE DIRECTOR OF BUDGET AND MANAGEMENT, WHO SHALL SERVE 1,374
AS AN EX OFFICIO MEMBER, OR THE DIRECTOR'S DESIGNEE; 1,375
(C) TWELVE MEMBERS, WHO SHALL NOT BE OR REPRESENT 1,377
POTENTIAL RECIPIENTS OF GRANTS FROM THE COMMISSION, APPOINTED AS 1,378
FOLLOWS:
(1) SIX MEMBERS, APPOINTED BY THE GOVERNOR, AT LEAST TWO 1,380
OF WHOM ARE EXPERTS IN COMMERCIALIZING THE RESULTS OF BIOMEDICAL 1,381
RESEARCH;
(2) TWO MEMBERS APPOINTED BY THE SPEAKER OF THE HOUSE OF 1,383
REPRESENTATIVES; 1,384
(3) ONE MEMBER APPOINTED BY THE MINORITY LEADER OF THE 1,386
HOUSE OF REPRESENTATIVES; 1,387
(4) TWO MEMBERS APPOINTED BY THE PRESIDENT OF THE SENATE; 1,389
(5) ONE MEMBER APPOINTED BY THE MINORITY LEADER OF THE 1,391
SENATE.
(D) EIGHT NONVOTING MEMBERS APPOINTED BY THE GOVERNOR, 1,393
REPRESENTING OHIO'S BIOMEDICAL RESEARCH INSTITUTIONS. 1,395
BEFORE MAKING THEIR APPOINTMENTS, THE GOVERNOR, SPEAKER, 1,397
PRESIDENT, AND MINORITY LEADERS SHALL SOLICIT, FROM THE STATE'S 1,398
MEDICAL COLLEGES, DENTAL COLLEGES, AND MEDICAL RESEARCH 1,399
INSTITUTIONS, THE NATIONAL INSTITUTES OF HEALTH, AND OTHER 1,401
SOURCES FAMILIAR WITH EXPERTS IN THE FIELD OF BIOMEDICAL RESEARCH 1,402
AND IN COMMERCIALIZING THE RESULTS OF SUCH RESEARCH, 1,403
RECOMMENDATIONS AS TO WHOM TO APPOINT.
THE APPOINTMENTS OF THE GOVERNOR SHALL BE WITH THE ADVICE 1,405
AND CONSENT OF THE SENATE. 1,406
TERMS OF OFFICE FOR THE MEMBERS APPOINTED BY THE GOVERNOR, 1,408
PRESIDENT, SPEAKER, AND MINORITY LEADERS SHALL BE FOR FIVE YEARS. 1,409
EACH MEMBER SHALL HOLD OFFICE FROM THE DATE OF APPOINTMENT UNTIL 1,411
THE END OF THE TERM FOR WHICH THE MEMBER WAS APPOINTED. ANY 1,412
MEMBER APPOINTED TO FILL A VACANCY OCCURRING PRIOR TO THE 1,413
EXPIRATION OF THE TERM FOR WHICH THE MEMBER'S PREDECESSOR WAS 1,414
APPOINTED SHALL HOLD OFFICE FOR THE REMAINDER OF SUCH TERM. ANY 1,415
35
MEMBER SHALL CONTINUE IN OFFICE SUBSEQUENT TO THE EXPIRATION DATE 1,416
OF THE MEMBER'S TERM UNTIL THE MEMBER'S SUCCESSOR TAKES OFFICE, 1,417
OR UNTIL A PERIOD OF SIXTY DAYS HAS ELAPSED, WHICHEVER OCCURS 1,418
FIRST. A VACANCY IN AN UNEXPIRED TERM SHALL BE FILLED IN THE 1,419
SAME MANNER AS THE ORIGINAL APPOINTMENT. THE GOVERNOR MAY REMOVE 1,420
ANY MEMBER FOR MALFEASANCE, MISFEASANCE, OR NONFEASANCE AFTER A 1,421
HEARING IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE. 1,423
THE MEMBERS OF THE COMMISSION SHALL SERVE WITHOUT 1,425
COMPENSATION BUT SHALL RECEIVE THEIR REASONABLE AND NECESSARY 1,426
EXPENSES INCURRED IN THE CONDUCT OF COMMISSION BUSINESS. 1,427
SECTION 101.84 OF THE REVISED CODE DOES NOT APPLY TO THE 1,429
COMMISSION. 1,430
Sec. 183.21. THE BIOMEDICAL RESEARCH AND TECHNOLOGY 1,432
TRANSFER COMMISSION SHALL MEET ONCE DURING EACH QUARTER OR AT 1,434
SUCH OTHER TIMES AS THE BOARD DECIDES. A MAJORITY OF THE MEMBERS 1,435
OF THE COMMISSION CONSTITUTES A QUORUM, AND NO ACTION SHALL BE 1,436
TAKEN WITHOUT THE AFFIRMATIVE VOTE OF A MAJORITY OF THE MEMBERS. 1,437
THE GOVERNOR SHALL APPOINT THE CHAIRPERSON OF THE COMMISSION FROM 1,439
AMONG ITS MEMBERS, AND THE CHAIRPERSON SHALL SERVE IN THAT ROLE 1,440
AT THE PLEASURE OF THE GOVERNOR. 1,441
Sec. 183.22. THE BIOMEDICAL RESEARCH AND TECHNOLOGY 1,443
TRANSFER COMMISSION SHALL APPOINT AND SET THE COMPENSATION OF AN 1,444
EXECUTIVE DIRECTOR AND OTHER EMPLOYEES NEEDED TO CARRY OUT THE 1,445
DUTIES OF THE COMMISSION. BEFORE ENTERING UPON THE DISCHARGE OF 1,446
THE DUTIES OF OFFICE, THE EXECUTIVE DIRECTOR SHALL GIVE A BOND TO 1,447
THE STATE, TO BE APPROVED BY THE GOVERNOR, CONDITIONED FOR THE 1,448
FAITHFUL PERFORMANCE OF THE DUTIES OF OFFICE. THE EXECUTIVE 1,449
DIRECTOR AND THE OTHER EMPLOYEES OF THE COMMISSION ARE STATE 1,450
EMPLOYEES AND SERVE IN THE UNCLASSIFIED SERVICE. 1,451
Sec. 183.23. THE BOARD OF REGENTS SHALL PROVIDE OFFICE 1,453
SPACE AND FACILITIES FOR THE BIOMEDICAL RESEARCH AND TECHNOLOGY 1,454
TRANSFER COMMISSION. ANY ADMINISTRATIVE COSTS ASSOCIATED WITH 1,455
THE OPERATION OF THE COMMISSION SHALL BE PAID FROM AMOUNTS 1,457
APPROPRIATED FROM THE BIOMEDICAL RESEARCH AND TECHNOLOGY TRANSFER 1,458
36
TRUST FUND, CREATED BY SECTION 183.19 OF THE REVISED CODE. 1,459
Sec. 183.24. THE BIOMEDICAL RESEARCH AND TECHNOLOGY 1,461
TRANSFER COMMISSION SHALL PERIODICALLY MAKE STRATEGIC ASSESSMENTS 1,462
OF THE TYPES OF STATE INVESTMENTS IN BIOMEDICAL RESEARCH AND 1,463
BIOTECHNOLOGY IN THIS STATE THAT WOULD BE LIKELY TO CREATE JOBS 1,464
AND BUSINESS OPPORTUNITIES AND PRODUCE THE MOST BENEFICIAL 1,465
LONG-TERM IMPROVEMENTS TO THE PUBLIC HEALTH OF OHIOANS. ONE AREA 1,466
OF FOCUS FOR THE COMMISSION SHALL BE BIOMEDICAL RESEARCH AND 1,467
BIOTECHNOLOGY INITIATIVES THAT ADDRESS TOBACCO-RELATED ILLNESSES. 1,468
THE ASSESSMENTS SHALL BE AVAILABLE TO THE PUBLIC AND SHALL BE 1,469
USED BY THE COMMISSION TO GUIDE ITS DECISIONS ON AWARDING GRANTS. 1,470
THE COMMISSION SHALL ESTABLISH A COMPETITIVE PROCESS FOR THE 1,471
AWARD OF GRANTS THAT IS DESIGNED TO FUND THE MOST MERITORIOUS 1,472
PROPOSALS AND, WHEN APPROPRIATE, PROVIDE FOR PEER REVIEW OF 1,473
PROPOSALS. THE COMMISSION MAY MAKE GRANTS TO INDIVIDUALS, PUBLIC 1,474
AGENCIES, PRIVATE COMPANIES OR ORGANIZATIONS, OR JOINT VENTURES 1,475
FOR ANY OF A BROAD RANGE OF ACTIVITIES RELATED TO BIOMEDICAL 1,476
RESEARCH AND TECHNOLOGY TRANSFER. PRIORITY SHALL BE GIVEN TO 1,477
PROPOSALS THAT WOULD LEVERAGE ADDITIONAL PRIVATE AND PUBLIC 1,478
FUNDING RESOURCES. THE COMMISSION SHALL ADOPT RULES UNDER 1,479
CHAPTER 119. OF THE REVISED CODE REGARDING CONFLICTS OF INTEREST 1,480
IN THE AWARDING OF GRANTS. 1,481
WHEN APPROPRIATE, THE COMMISSION SHALL COORDINATE ITS 1,483
ACTIVITIES WITH THOSE OF THE TOBACCO USE PREVENTION AND CONTROL 1,484
FOUNDATION.
Sec. 183.25. WITHIN NINETY DAYS AFTER THE END OF EACH 1,486
FISCAL YEAR, THE BIOMEDICAL RESEARCH AND TECHNOLOGY TRANSFER 1,487
COMMISSION SHALL SUBMIT TO THE GOVERNOR AND THE GENERAL ASSEMBLY 1,488
A REPORT OF THE ACTIVITIES OF THE COMMISSION DURING THE PRECEDING 1,489
FISCAL YEAR.
Sec. 183.26. THE EDUCATION FACILITIES TRUST FUND IS HEREBY 1,491
CREATED IN THE STATE TREASURY. MONEY CREDITED TO THE FUND SHALL 1,492
BE USED TO PAY COSTS OF, OR TO PROVIDE THE STATE'S SHARE OF THE 1,493
COSTS OF, CONSTRUCTING, RENOVATING, OR REPAIRING PRIMARY AND 1,494
37
SECONDARY SCHOOLS. ALL INVESTMENT EARNINGS OF THE FUND SHALL BE 1,495
CREDITED TO THE FUND. 1,496
Sec. 183.27. THE EDUCATION FACILITIES ENDOWMENT FUND IS 1,498
HEREBY CREATED IN THE STATE TREASURY. IT IS THE INTENT OF THE 1,499
GENERAL ASSEMBLY TO MAINTAIN THE FUND AS A PERMANENT SOURCE OF 1,500
REVENUE FOR CONSTRUCTING, RENOVATING, OR REPAIRING PRIMARY AND 1,501
SECONDARY SCHOOLS IN THIS STATE. AT THE BEGINNING OF EACH 1,502
QUARTER, ALL INVESTMENT EARNINGS OF THE ENDOWMENT FUND EARNED 1,503
DURING THE IMMEDIATELY PRECEDING QUARTER SHALL BE CREDITED TO THE 1,504
EDUCATION FACILITIES TRUST FUND.
Sec. 183.28. THE EDUCATION TECHNOLOGY TRUST FUND IS HEREBY 1,506
CREATED IN THE STATE TREASURY. MONEY CREDITED TO THE FUND SHALL 1,507
BE USED TO PAY COSTS OF NEW AND INNOVATIVE TECHNOLOGY FOR PRIMARY 1,508
AND SECONDARY EDUCATION, INCLUDING CHARTERED NONPUBLIC SCHOOLS, 1,509
AND HIGHER EDUCATION, INCLUDING STATE INSTITUTIONS OF HIGHER 1,510
EDUCATION AND PRIVATE NONPROFIT INSTITUTIONS OF HIGHER EDUCATION 1,511
HOLDING CERTIFICATES OF AUTHORIZATION UNDER SECTION 1713.02 OF 1,512
THE REVISED CODE. ALL INVESTMENT EARNINGS OF THE FUND SHALL BE 1,514
CREDITED TO THE FUND.
Sec. 183.29. THE TREASURER OF STATE SHALL, EXCEPT FOR ANY 1,517
PETTY CASH FUNDS, KEEP ALL MONEY RECEIVED FROM TOBACCO MASTER 1,519
SETTLEMENT AGREEMENT PAYMENTS OR FROM DISTRIBUTIONS UNDER THIS 1,520
CHAPTER THAT IS NEEDED TO MEET CURRENT DEMANDS FOR THE MONEY 1,521
UNDER THIS CHAPTER, IN PUBLIC DEPOSITORIES OF THE ACTIVE DEPOSITS 1,522
OF PUBLIC MONEYS OF THE STATE, AS SUCH TERMS ARE USED IN CHAPTER 1,523
135. OF THE REVISED CODE.
Sec. 183.30. (A) NO MORE THAN FIVE PER CENT OF THE TOTAL 1,525
EXPENDITURES OF THE TOBACCO USE PREVENTION AND CONTROL FOUNDATION 1,526
IN A FISCAL YEAR SHALL BE FOR ADMINISTRATIVE EXPENSES OF THE 1,527
FOUNDATION. 1,528
(B) NO MORE THAN FIVE PER CENT OF THE TOTAL EXPENDITURES 1,530
OF THE SOUTHERN OHIO AGRICULTURAL AND COMMUNITY DEVELOPMENT 1,531
FOUNDATION IN A FISCAL YEAR SHALL BE FOR ADMINISTRATIVE EXPENSES 1,532
OF THE FOUNDATION. 1,533
38
(C) NO MORE THAN FIVE PER CENT OF THE TOTAL EXPENDITURES 1,535
OF THE BIOMEDICAL RESEARCH AND TECHNOLOGY TRANSFER COMMISSION IN 1,536
A FISCAL YEAR SHALL BE FOR ADMINISTRATIVE EXPENSES OF THE 1,537
COMMISSION.
Sec. 183.31. (A) A PUBLIC OR PRIVATE AGENCY THAT RECEIVES 1,539
FUNDING FROM THE TOBACCO USE PREVENTION AND CONTROL FOUNDATION 1,540
SHALL EXPEND NO MORE THAN TEN PER CENT OF THAT FUNDING ON 1,541
ADMINISTRATIVE EXPENSES. 1,542
(B) AN INDIVIDUAL, PUBLIC AGENCY, OR PRIVATELY OWNED 1,544
COMPANY THAT RECEIVES A GRANT OR LOAN FROM THE SOUTHERN OHIO 1,545
AGRICULTURAL AND COMMUNITY DEVELOPMENT FOUNDATION SHALL EXPEND NO 1,546
MORE THAN TEN PER CENT OF THAT GRANT OR LOAN ON ADMINISTRATIVE 1,548
EXPENSES.
(C) AN INDIVIDUAL, PUBLIC AGENCY, PRIVATE COMPANY OR 1,550
ORGANIZATION, OR JOINT VENTURE THAT RECEIVES A GRANT FROM THE 1,551
BIOMEDICAL RESEARCH AND TECHNOLOGY TRANSFER COMMISSION SHALL 1,552
EXPEND NO MORE THAN TEN PER CENT OF THAT GRANT ON ADMINISTRATIVE 1,553
EXPENSES. 1,554
Sec. 183.32. IN JANUARY EVERY SIX YEARS BEGINNING IN 2012, 1,556
THE PRESIDENT OF THE SENATE SHALL APPOINT THREE SENATORS AND THE 1,557
SPEAKER OF THE HOUSE OF REPRESENTATIVES SHALL APPOINT THREE 1,558
MEMBERS OF THE HOUSE OF REPRESENTATIVES TO A COMMITTEE TO 1,559
REEXAMINE THE USE OF TOBACCO MASTER SETTLEMENT AGREEMENT FUNDS. 1,560
NO MORE THAN TWO MEMBERS APPOINTED BY THE PRESIDENT SHALL BE FROM 1,561
THE SAME POLITICAL PARTY AS THE PRESIDENT, AND NO MORE THAN TWO 1,562
MEMBERS APPOINTED BY THE SPEAKER SHALL BE FROM THE SAME POLITICAL 1,563
PARTY AS THE SPEAKER. 1,564
THE COMMITTEE SHALL DETERMINE IF THIS CHAPTER'S 1,566
DISTRIBUTION AND USES OF REVENUE RECEIVED UNDER THE TOBACCO 1,567
MASTER SETTLEMENT AGREEMENT ADEQUATELY REFLECT THE STATE'S 1,568
PRIORITIES. WITHIN NINE MONTHS OF ITS FORMATION, THE COMMITTEE 1,569
SHALL REPORT TO THE GENERAL ASSEMBLY ANY CHANGES IT RECOMMENDS BE 1,570
MADE TO THE DISTRIBUTION AND USES. THE COMMITTEE SHALL CEASE TO 1,571
EXIST AFTER MAKING ITS REPORT.
39
Sec. 183.33. NO MONEY SHALL BE APPROPRIATED OR TRANSFERRED 1,573
FROM THE GENERAL REVENUE FUND TO THE TOBACCO MASTER SETTLEMENT 1,574
AGREEMENT FUND, TOBACCO USE PREVENTION AND CESSATION TRUST FUND, 1,575
TOBACCO USE PREVENTION AND CONTROL ENDOWMENT FUND, LAW 1,576
ENFORCEMENT IMPROVEMENTS TRUST FUND, SOUTHERN OHIO AGRICULTURAL 1,577
AND COMMUNITY DEVELOPMENT TRUST FUND, SOUTHERN OHIO AGRICULTURAL 1,578
AND COMMUNITY DEVELOPMENT FOUNDATION ENDOWMENT FUND, OHIO'S 1,579
PUBLIC HEALTH PRIORITIES TRUST FUND, BIOMEDICAL RESEARCH AND 1,580
TECHNOLOGY TRANSFER TRUST FUND, EDUCATION FACILITIES TRUST FUND, 1,581
EDUCATION FACILITIES ENDOWMENT FUND, OR EDUCATION TECHNOLOGY 1,582
TRUST FUND. IN ADDITION, NO MONEY SHALL BE OTHERWISE 1,583
APPROPRIATED OR TRANSFERRED FROM THE GENERAL REVENUE FUND FOR THE 1,584
USE OF THE TOBACCO USE PREVENTION AND CONTROL FOUNDATION OR THE 1,585
SOUTHERN OHIO AGRICULTURAL AND COMMUNITY DEVELOPMENT FOUNDATION. 1,586
Sec. 5145.32. (A) AS USED IN THIS SECTION: 1,588
(1) "SMOKE" MEANS TO BURN ANY SUBSTANCE CONTAINING 1,590
TOBACCO, INCLUDING, BUT NOT LIMITED TO, A LIGHTED CIGARETTE, 1,591
CIGAR, OR PIPE. 1,592
(2) "STATE CORRECTIONAL INSTITUTION" HAS THE SAME MEANING 1,594
AS IN SECTION 2967.01 OF THE REVISED CODE AND INCLUDES A PRISON 1,595
THAT IS PRIVATELY OPERATED AND MANAGED PURSUANT TO A CONTRACT THE 1,596
DEPARTMENT OF REHABILITATION AND CORRECTION ENTERS INTO UNDER 1,597
SECTION 9.06 OF THE REVISED CODE.
(3) "USE TOBACCO" MEANS TO CHEW OR MAINTAIN ANY SUBSTANCE 1,599
CONTAINING TOBACCO, INCLUDING SMOKELESS TOBACCO, IN THE MOUTH TO 1,600
DERIVE THE EFFECTS OF TOBACCO. 1,601
(B) NO PERSON SHALL SMOKE, USE, OR POSSESS TOBACCO OR HAVE 1,603
TOBACCO UNDER THE PERSON'S CONTROL ON ANY PROPERTY UNDER THE 1,604
CONTROL OF THE CORRECTIONS MEDICAL CENTER IN COLUMBUS OR THE OHIO 1,605
STATE PENITENTIARY IN YOUNGSTOWN. 1,606
(C) NO PERSON SHALL SMOKE OR USE TOBACCO IN A BUILDING OF 1,608
THE NORTH COAST CORRECTIONAL TREATMENT FACILITY IN GRAFTON, LAKE 1,609
ERIE CORRECTIONAL INSTITUTION, TOLEDO CORRECTIONAL INSTITUTION, 1,612
HOCKING CORRECTIONAL FACILITY, OAKWOOD CORRECTIONAL FACILITY, 1,613
40
NORTHEAST PRE-RELEASE CENTER, FRANKLIN PRE-RELEASE CENTER, OR 1,615
MONTGOMERY EDUCATION PRE-RELEASE CENTER. 1,616
(D)(1) THE DIRECTOR OF REHABILITATION AND CORRECTION SHALL 1,618
DESIGNATE AT LEAST ONE TOBACCO-FREE HOUSING AREA WITHIN EACH 1,619
STATE CORRECTIONAL INSTITUTION THAT IS NOT IDENTIFIED IN DIVISION 1,620
(B) OR (C) OF THIS SECTION. 1,621
(2) NO PERSON SHALL SMOKE OR USE TOBACCO IN AN AREA 1,623
DESIGNATED BY THE DIRECTOR UNDER DIVISION (D)(1) OF THIS SECTION. 1,624
(E) A VIOLATION OF DIVISION (B), (C), OR (D)(2) OF THIS 1,627
SECTION IS NOT A CRIMINAL OFFENSE. THE DEPARTMENT OF 1,629
REHABILITATION AND CORRECTION SHALL ADOPT RULES THAT ESTABLISH 1,630
PROCEDURES FOR THE ENFORCEMENT OF THOSE DIVISIONS AND THAT 1,632
ESTABLISH DISCIPLINARY MEASURES FOR A VIOLATION OF THOSE 1,633
DIVISIONS.
(F) THE DEPARTMENT MAY DESIGNATE LOCATIONS AT WHICH IT IS 1,635
PERMISSIBLE TO SMOKE OR USE TOBACCO OUTSIDE OF A BUILDING OF AN 1,636
INSTITUTION IDENTIFIED IN DIVISION (C) OF THIS SECTION. 1,638
(G) THE DEPARTMENT SHALL PROVIDE SMOKING AND TOBACCO USAGE 1,640
CESSATION PROGRAMS FOR PRISONERS AT ALL STATE CORRECTIONAL 1,641
INSTITUTIONS, SUBJECT TO AVAILABLE FUNDING. 1,642
(H) THE DIRECTOR SHALL REVIEW THE PRACTICALITY OF 1,644
ELIMINATING ACCESS TO SMOKING OR TOBACCO USAGE IN SPECIALIZED 1,645
UNITS TO WHICH THIS SECTION'S PROHIBITIONS DO NOT OTHERWISE 1,646
APPLY.
Section 2. That existing sections 102.02, 107.03, 107.031, 1,648
and 126.02 of the Revised Code are hereby repealed. 1,651
Section 3. Except as otherwise provided, all items in this 1,653
act are hereby appropriated as designated out of any moneys in 1,655
the state treasury to the credit of the designated fund, which 1,656
are not otherwise appropriated. For all appropriations made in
this section, those in the first column are for fiscal year 2001 1,658
and those in the second column are for fiscal year 2002. 1,659
Section 4. AGR DEPARTMENT OF AGRICULTURE 1,661
Tobacco Master Settlement Agreement Fund Group 1,663
41
K87 700-502 Southern Ohio 1,666
Agriculture and
Community Development
Foundation $ 22,189,403 $ 17,445,115 1,668
TOTAL TSF Tobacco Master 1,669
Settlement Agreement Fund 1,670
Group $ 22,189,403 $ 17,445,115 1,673
TOTAL ALL BUDGET FUND GROUPS $ 22,189,403 $ 17,445,115 1,676
Southern Ohio Agriculture and Community Development 1,679
Foundation
The foregoing appropriation item 700-502, Southern Ohio 1,681
Agriculture and Community Development Foundation, shall be used 1,682
in accordance with sections 183.02 and 183.11 to 183.17 of the 1,683
Revised Code. The Director of Agriculture shall disburse moneys 1,684
appropriated in this appropriation item to the Southern Ohio 1,685
Agricultural and Community Development Foundation Endowment Fund
created by section 183.16 of the Revised Code to be used by the 1,686
Southern Ohio Agricultural and Community Development Foundation 1,687
to carry out its duties.
Section 5. CEB CONTROLLING BOARD 1,689
Tobacco Master Settlement Agreement Fund Group 1,691
S87 911-405 Education Technology 1,694
Trust Fund $ 13,758,794 $ 12,911,963 1,696
TOTAL TSF Tobacco Master 1,697
Settlement Agreement Fund 1,698
Group $ 13,758,794 $ 12,911,963 1,701
TOTAL ALL BUDGET FUND GROUPS $ 13,758,794 $ 12,911,963 1,704
Education Technology Trust Fund 1,707
The Controlling Board may transfer to any appropriate state 1,709
agency portions of appropriation item 911-405, Education 1,710
Technology Trust Fund, upon receipt of an approved plan submitted 1,711
by the Director of Budget and Management.
Section 6. DOH DEPARTMENT OF HEALTH 1,713
Tobacco Master Settlement Agreement Fund Group 1,715
42
H87 440-502 Tobacco Use 1,718
Prevention and
Control Foundation $ 234,861,033 $ 135,006,283 1,720
L87 440-403 Ohio's Public Health 1,722
Priorities Trust Fund $ 10,004,715 $ 14,351,400 1,724
TOTAL TSF Tobacco Master
Settlement Agreement Fund 1,725
Group $ 244,865,748 $ 149,357,683 1,728
TOTAL ALL BUDGET FUND GROUPS $ 244,865,748 $ 149,357,683 1,731
Tobacco Use Prevention and Control Foundation 1,734
The foregoing appropriation item 440-502, Tobacco Use 1,736
Prevention and Control Foundation, shall be used in accordance 1,737
with sections 183.02 to 183.09 of the Revised Code. The Director 1,738
of Health shall disburse moneys appropriated in this 1,739
appropriation item to the Tobacco Use Prevention and Control
Endowment Fund created by section 183.08 of the Revised Code to 1,740
be used by the Tobacco Use Prevention and Control Foundation to 1,741
carry out its duties.
Ohio's Public Health Priorities Trust Fund 1,743
The Director of Budget and Management shall establish a 1,745
plan for the use of appropriation item 440-403, Ohio's Public 1,746
Health Priorities Trust Fund, for any of the purposes authorized 1,749
by section 183.18 of the Revised Code. In preparing the plan, 1,750
which shall be subject to approval by the Controlling Board, the 1,751
Director of Budget and Management shall consult with the Director 1,752
of Rehabilitation and Correction, the Director of Health, the 1,754
Director of Alcohol and Drug Addiction Services, the Attorney 1,755
General, and the Executive Director of the Commission on Minority 1,756
Health.
Upon approval of the plan by the Controlling Board, the 1,758
Director of Budget and Management may transfer to any appropriate 1,759
state agency portions of appropriation item 440-403, Ohio's 1,760
Public Health Priorities Trust Fund, for any of the purposes 1,762
authorized by section 183.18 of the Revised Code and the amounts 1,763
43
transferred are hereby appropriated.
Section 7. BOR BOARD OF REGENTS 1,765
Tobacco Master Settlement Agreement Fund Group 1,767
M87 235-405 Biomedical Research 1,770
and Technology
Transfer Commission $ 5,011,604 $ 30,142,237 1,772
TOTAL TSF Tobacco Master 1,773
Settlement Agreement Fund 1,774
Group $ 5,011,604 $ 30,142,237 1,777
TOTAL ALL BUDGET FUND GROUPS $ 5,011,604 $ 30,142,237 1,780
Section 8. All items set forth in this section are hereby 1,783
appropriated out of any moneys in the state treasury to the 1,784
credit of the Education Facilities Trust Fund (Fund N87) that are 1,785
not otherwise appropriated.
Appropriations 1,786
SFC SCHOOL FACILITIES COMMISSION 1,788
CAP-780 Classroom Facilities Assistance 1,791
Program $ 462,805,714 1,792
Total School Facilities Commission $ 462,805,714 1,794
TOTAL Education Facilities Trust Fund $ 462,805,714 1,796
Section 9. All items set forth in this section are hereby 1,799
appropriated out of any moneys in the state treasury to the 1,800
credit of the Law Enforcement Improvements Trust Fund (Fund J87) 1,801
that are not otherwise appropriated. 1,802
Appropriations 1,804
AGO ATTORNEY GENERAL 1,805
CAP-716 Lab and Training Facility Improvements $ 2,000,000 1,808
Total Attorney General $ 2,000,000 1,809
TOTAL Law Enforcement Improvements Trust Fund $ 2,000,000 1,810
Section 10. Sections 8 and 9 of this act shall remain in 1,813
full force and effect commencing on July 1, 2000, and terminating 1,814
on June 30, 2002, for the purpose of drawing money from the state 1,815
treasury in payment of liabilities lawfully incurred thereunder, 1,816
and on June 30, 2002, and not before, the moneys appropriated 1,817
44
thereby shall lapse into the funds from which they are severally
appropriated. 1,818
The appropriations made in Sections 8 and 9 of this act are 1,820
subject to all provisions of the capital appropriations bill 1,821
governing the 2000-2002 biennium that are generally applicable to 1,822
such appropriations. Expenditures from appropriations contained 1,823
in Sections 8 and 9 shall be accounted for as though made in the 1,824
capital appropriations bill governing the 2000-2002 biennium. 1,825
Section 11. Personal Service Expenses 1,827
Unless otherwise prohibited by law, each appropriation in 1,829
this act from which personal service expenses are paid shall bear 1,830
the employer's share of public employees' retirement, workers' 1,831
compensation, disabled workers' relief, and all group insurance 1,832
programs; the costs of centralized accounting, centralized 1,833
payroll processing, and related personnel reports and services; 1,834
the cost of the Office of Collective Bargaining; the cost of the 1,835
Personnel Board of Review; the cost of the Employee Assistance 1,836
Program; the cost of the Equal Opportunity Center; the costs of 1,837
interagency information management infrastructure; and the cost 1,838
of administering the state employee merit system as required by 1,839
section 124.07 of the Revised Code. Such costs shall be 1,840
determined in conformity with appropriate sections of law and 1,841
paid in accordance with procedures specified by the Office of 1,842
Budget and Management. 1,843
Section 12. The Tobacco Master Settlement Agreement Fund 1,845
created by section 183.02 of the Revised Code is the same as Fund 1,846
087, the Tobacco Master Settlement Agreement Fund created by the 1,847
Controlling Board in March 1999. 1,848
Section 13. The Governor, President and Minority Leader of 1,850
the Senate, and Speaker and Minority Leader of the House of 1,851
Representatives shall make their initial appointments to the 1,852
board of trustees of the Tobacco Use Prevention and Control 1,853
Foundation within 90 days after the effective date of this 1,854
section. Notwithstanding section 183.04 of the Revised Code: 1,855
45
(A) The Governor shall appoint one member under division 1,857
(A) of that section to an initial term ending one year after the 1,858
effective date of this section and one to an initial term ending 1,859
three years after the effective date of this section; the 1,861
President shall appoint one member to an initial term ending 1,862
three years after the effective date of this section and one to 1,863
an initial term ending five years after the effective date of 1,864
this section; the Minority Leader of the Senate shall appoint one 1,865
member to an initial term ending four years after the effective 1,866
date of this section; the Speaker shall appoint one member to an 1,867
initial term ending two years after the effective date of this 1,868
section and one to an initial term ending four years after the 1,869
effective date of this section; and the Minority Leader of the 1,870
House of Representatives shall appoint one member to an initial 1,872
term ending three years after the effective date of this section. 1,873
(B) The Governor shall appoint one member under division 1,875
(B) of that section to an initial term ending two years after the 1,876
effective date of this section and the other member to an initial 1,877
term ending four years after the effective date of this section. 1,878
(C) The Governor shall appoint the five members under 1,880
divisions (C) to (G) of that section to initial terms of office 1,881
ending one, two, three, four, and five years after the effective 1,882
date of this section. 1,883
(D) The Governor shall appoint the members under divisions 1,885
(H) and (I) of that section to initial terms ending five years 1,887
after the effective date of this section.
(E) Thereafter, terms of office shall be for five years as 1,889
provided in section 183.04 of the Revised Code. 1,890
Section 14. The Governor shall make the initial 1,893
appointments to the board of trustees of the Southern Ohio 1,894
Agricultural and Community Development Foundation within 90 days 1,895
after the effective date of this section. Notwithstanding 1,896
section 183.12 of the Revised Code:
(A) The Governor shall appoint one member under divisions 1,898
46
(B) and (C) of that section to an initial term ending one year 1,899
after the effective date of this section, one to an initial term 1,900
ending two years after the effective date of this section, one to 1,901
an initial term ending three years after the effective date of 1,902
this section, one to an initial term ending four years after the 1,903
effective date of this section, and one to an initial term ending 1,904
five years after the effective date of this section. 1,905
(B) The Governor shall appoint one member under division 1,908
(D) of that section to an initial term ending two years after the 1,909
effective date of this section, one to an initial term ending 1,910
three years after the effective date of this section, and one to 1,911
an initial term ending four years after the effective date of 1,912
this section.
(C) Thereafter, terms of office of these members shall be 1,914
for five years as provided in section 183.12 of the Revised Code. 1,915
Section 15. The Governor, President and Minority Leader of 1,917
the Senate, and Speaker and Minority Leader of the House of 1,918
Representatives shall make their initial appointments to the 1,919
Biomedical Research and Technology Transfer Commission within 90 1,920
days after the effective date of this section. Notwithstanding 1,921
section 183.20 of the Revised Code: 1,922
(A) The Governor shall appoint one member under division 1,924
(C)(1) of that section to an initial term ending one year after 1,925
the effective date of this section, one to an initial term ending 1,926
two years after the effective date of this section, one to an 1,927
initial term ending three years after the effective date of this 1,928
section, one to an initial term ending four years after the 1,929
effective date of this section, and two to initial terms ending 1,930
five years after the effective date of this section. 1,931
(B) The Speaker of the House of Representatives shall 1,933
appoint one member under division (C)(2) of that section to an 1,934
initial term ending one year after the effective date of this 1,935
section and one member to an initial term ending five years after 1,936
the effective date of this section. 1,937
47
(C) The Minority Leader of the House of Representatives 1,939
shall appoint one member under division (C)(3) of that section to 1,941
an initial term ending four years after the effective date of 1,942
this section.
(D) The President of the Senate shall appoint one member 1,944
of the Commission under division (C)(4) of that section to an 1,945
initial term ending one year after the effective date of this 1,946
section and the other member to an initial term ending four years 1,947
after the effective date of this section. 1,948
(E) The Minority Leader of the Senate shall appoint one 1,950
member under division (C)(5) of that section to an initial term 1,951
ending three years after the effective date of this section. 1,952
(F) Thereafter, terms of office shall be for five years as 1,954
provided in section 183.20 of the Revised Code. 1,955
Section 16. The Legislative Budget Office of the 1,957
Legislative Service Commission shall study issues concerning the 1,958
availability of prescription drugs for low-income elderly Ohioans 1,959
who suffer from tobacco-related illnesses. The Legislative 1,960
Budget Office shall submit to the General Assembly a report on 1,961
its study within one year of the effective date of this section. 1,962
The report shall provide information on all of the following: 1,963
(A) What public and private resources and methods 1,965
currently are used by low-income elderly Ohioans to obtain 1,966
prescription drugs? The study shall examine the role of 1,967
Medicaid, including PASSPORT; Medicare; other federal programs; 1,968
private health insurance; and health clinics and hospitals. 1,969
(B) What are pertinent issues concerning prescription drug 1,971
cost, usage, and research and development? The study shall 1,972
examine average annual drug costs per person, average annual 1,973
costs per prescription, and trends for these two averages. The 1,974
study also shall present information on drugs with the highest 1,975
volume usage and drugs with the highest cost. 1,976
(C) How do physician practices affect prescription drug 1,978
cost and availability? 1,979
48
(D) How do managed care practices affect prescription drug 1,981
cost and availability? 1,982
(E) What are other states doing in this regard, and how do 1,984
the other states pay for it? 1,985
The report shall not include recommendations for 1,987
legislative action. 1,988
Section 17. While respecting the right of each General 1,990
Assembly to evaluate independently the budgetary priorities of 1,991
the state and while acknowledging that the economic conditions, 1,992
educational needs, and tax burdens of the people of the state 1,993
will inevitably change, the 123rd General Assembly of the state 1,994
of Ohio earnestly requests future General Assemblies, when they 1,995
consider how to spend and invest money credited to the Tobacco 1,997
Master Settlement Agreement Fund after fiscal year 2012, to give 1,998
due regard to the thoughtful and creative recommendations of the 1,999
fifteen-member bipartisan Governor's Tobacco Task Force in 1999. 2,000
These recommendations, which were developed in the course of 2,001
seventeen meetings that the Task Force conducted to hear public 2,002
testimony and to discuss the allocation of tobacco settlement 2,003
payments, were that the following percentages of the total 2,004
revenue received by the state through fiscal year 2025 under the 2,005
Tobacco Master Settlement Agreement should be allocated as 2,006
follows: fourteen and eight-tenths per cent to tobacco use 2,007
prevention and cessation programs, ten and one-tenth per cent to 2,008
other public health priorities, seventeen and eight-tenths per 2,009
cent to investments in biomedical research and technology 2,010
transfer, forty-four and seven-tenths per cent to rebuilding and 2,011
renovating primary and secondary schools, ten per cent to 2,012
education technologies, two-tenths of one per cent to law 2,013
enforcement improvements, and two and three-tenths per cent to 2,014
assisting tobacco farmers and their communities. 2,015
Section 18. (A) The Tobacco Oversight Accountability 2,017
Panel is hereby created. The committee shall consist of the 2,018
Director of Budget and Management or the Director's designee, 2,019
49
three members of the House of Representatives appointed by the 2,020
Speaker of the House of Representatives, no more than two of whom 2,021
shall belong to the same political party as the Speaker, and 2,022
three members of the Senate appointed by the President of the 2,023
Senate, no more than two of whom shall belong to the same 2,024
political party as the President.
(B) The Panel shall develop appropriate achievement 2,026
benchmarks for each of the following: 2,027
(1) The Tobacco Use Prevention and Cessation Trust Fund; 2,029
(2) The Law Enforcement Improvements Trust Fund; 2,031
(3) The Southern Ohio Agricultural and Community 2,033
Development Trust Fund; 2,034
(4) Ohio's Public Health Priorities Trust Fund; 2,036
(5) The Biomedical Research and Technology Transfer Trust 2,038
Fund;
(6) The Education Facilities Trust Fund; 2,040
(7) The Education Technology Trust Fund. 2,042
(C) On or before December 31, 2000, the Panel shall submit 2,044
a report describing the achievement benchmarks developed under 2,045
division (B) of this section to the Governor, the General 2,046
Assembly, and the chairpersons and ranking minority members of 2,047
the finance committees of the Senate and House of 2,048
Representatives. Upon submitting the report, the panel shall 2,049
cease to exist.
Section 19. Notwithstanding section 183.13 of the Revised 2,051
Code, the Director of Agriculture shall call and preside over the 2,052
organizational meeting of the board of trustees of the Southern 2,053
Ohio Agricultural and Community Development Foundation. 2,054
Section 20. Except as otherwise specifically provided in 2,056
this act, the codified and uncodified sections of law contained 2,057
in this act, and the items of law of which the codified and 2,058
uncodified sections of law contained in this act are composed, 2,059
are subject to the referendum. Therefore, under Ohio 2,060
Constitution, Article II, Section 1c and section 1.471 of the
50
Revised Code, the codified and uncodified sections of law 2,061
contained in this act, and the items of law of which the codified 2,062
and uncodified sections of law contained in this act are 2,063
composed, take effect on the ninety-first day after this act is 2,064
filed with the Secretary of State. If, however, a referendum
petition is filed against any such codified or uncodified section 2,065
of law contained in this act, or against any item of law of which 2,066
any such codified or uncodified section of law contained in this 2,067
act is composed, the codified or uncodified section of law, or 2,068
item of law, unless rejected at the referendum, takes effect at 2,069
the earliest time permitted by law.
Sec. 21. This section and Sections 3 to 11 of this act are 2,071
not subject to the referendum. Therefore, under Ohio 2,072
Constitution, Article II, Section 1d and section 1.471 of the 2,073
Revised Code, this section and Sections 3 to 11 of this act go 2,074
into immediate effect when this act becomes law. 2,075