REPRESENTATIVES Evans, Schmidt, Metzger

To amend sections 126.02, 183.02, 183.04, 183.06,

1

183.12, 183.14, 183.20, 183.30, 5743.03, and

2

5743.99, to enact sections 183.34 and 183.35, and

3

to repeal section 183.31 of the Revised Code; to

4

amend Section 32 of Am. Sub. H.B. 405 of the 124th

5

General Assembly; and to repeal Section 103.03 of

6

Am. Sub. H.B. 94 of the 124th General Assembly to

7

modify the administration of tobacco settlement

8

funds and to make operating and capital

9

appropriations for the biennium beginning July 1,

10

2002, and ending June 30, 2004.

11

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 126.02, 183.02, 183.04, 183.06,	12
183.12, 183.14, 183.20, 183.30, 5743.03, and 5743.99 be amended	13
and sections 183.34 and 183.35 of the Revised Code be enacted to	14
read as follows:	15

Sec. 126.02.  The director of budget and management shall	16
prepare and submit to the governor, biennially, not later than the	17
first day of January preceding the convening of the general	18
assembly, state budget estimates of revenues and expenditures for	19
each state fund and budget estimates for each state agency, except	20
such estimates as are required under section 126.22126.022 of the	21
Revised Code. The budget estimates for each state agency for	22
which direct appropriations are proposed shall include the	23
following details:	24

(A) Estimates of the operating budget;

25

(B) Estimates of the subsidy appropriations necessary,	26
delineated by a distinct subsidy program;	27

(C) Estimates for special purposes, delineated by a distinct	28
special purpose program;	29

(D) Estimates of appropriations necessary from each fund in	30
reasonable detail to allow for adequate planning and oversight of	31
programs and activities.	32

In the preparation of state revenue and expenditure	33
estimates, the director of budget and management shall, not later	34
than the fifteenth day of September in the year preceding the	35
first regular session of the general assembly, distribute to all	36
affected state agencies the forms necessary for the preparation of	37
budget requests, which shall be in the form prescribed by the	38
director in consultation with the legislative budget office of the	39
legislative service commission to procure information concerning	40
the revenues and expenditures for the preceding and current	41
bienniums, an estimate of the revenues and expenditures of the	42
current fiscal year, and an estimate of the revenues and proposed	43
expenditures for the respective agencies for the two succeeding	44
fiscal years for which appropriations have to be made. Each such	45
agency shall, not later than the first day of November, file with	46
the director its estimate of revenues and proposed expenditures	47
for the succeeding biennium.	48

Each such agency shall, not later than the first day of	49
December, file with the chairperson of the finance committees of	50
the senate and house of representatives and the legislative budget	51
officeservice commission a duplicate copy of such budget request.	52

The budget request shall be accompanied by a statement in	53
writing giving facts and explanation of reasons for the items	54
requested. The director and the legislative budget officeservice	55
commission may make further inquiry and investigation as to any	56
item desired. The director may approve, disapprove, or alter the	57
requests, excepting those for the legislative and judicial	58
branches of the state. The requests as revised by the director	59
constitute the state budget estimates of revenues and expenditures	60
which the director is required to submit to the governor.	61

Sec. 183.02.  This section's references to years mean state	62
fiscal years.	63

All payments received by the state pursuant to the tobacco	64
master settlement agreement shall be deposited into the state	65
treasury to the credit of the tobacco master settlement agreement	66
fund, which is hereby created. All investment earnings of the	67
fund shall also be credited to the fund. Except as provided in	68
division (I)(K) of this section, payments and interest credited to	69
the fund shall be transferred by the director of budget and	70
management as follows:	71

(A)(1) Of the first payment credited to the tobacco master	72
settlement agreement fund in 2000 and the net amounts credited to	73
the fund annually from 2000 to 2006 and in 2012, the following	74
amount or percentage shall be transferred to the tobacco use	75
prevention and cessation trust fund, created in section 183.03 of	76
the Revised Code:	77

(2) Of the net amounts credited to the tobacco master	88
settlement agreement fund in 2013, the director shall transfer to	89
the tobacco use prevention and cessation trust fund the amount not	90
transferred to the tobacco use prevention and cessation trust fund	91
from the net amounts credited to the tobacco master settlement	92
agreement fund in 2002 due to Am. Sub. H.B. No. 405 of the 124th	93
general assembly. Of the net amounts credited to the tobacco	94
master settlement agreement fund in 2014, the director shall	95
transfer to the tobacco use prevention and cessation trust fund	96
the amount not transferred to the tobacco use prevention and	97
cessation trust fund from the net amounts credited to the tobacco	98
master settlement agreement fund in 2003 due to Am. Sub. H.B. No.	99
405 of the 124th general assembly.	100

(B) Of the first payment credited to the tobacco master	101
settlement agreement fund in 2000 and the net amounts credited to	102
the fund annually in 2000 and 2001, the following amount or	103
percentage shall be transferred to the law enforcement	104
improvements trust fund, created in section 183.10 of the Revised	105
Code:	106

(C)(1) Of the first payment credited to the tobacco master	111
settlement agreement fund in 2000 and the net amounts credited to	112
the fund annually from 2000 to 2011, the following percentages	113
shall be transferred to the southern Ohio agricultural and	114
community development trust fund, created in section 183.11 of the	115
Revised Code:	116

(2) Of the net amounts credited to the tobacco master	128
settlement agreement fund in 2013, the director shall transfer to	129
the southern Ohio agricultural and community development trust	130
fund the amount not transferred to the southern Ohio agricultural	131
and community development trust fund from the net amounts credited	132
to the tobacco master settlement agreement fund in 2002 due to Am.	133
Sub. H.B. No. 405 of the 124th general assembly. Of the net	134
amounts credited to the tobacco master settlement agreement fund	135
in 2014, the director shall transfer to the southern Ohio	136
agricultural and community development trust fund the amount not	137
transferred to the southern Ohio agricultural and community	138
development trust fund from the net amounts credited to the	139
tobacco master settlement agreement fund in 2003 due to Am. Sub.	140
H.B. No. 405 of the 124th general assembly.	141

(D)(1) The following percentages of the net amounts credited	142
to the tobacco master settlement agreement fund annually shall be	143
transferred to Ohio's public health priorities trust fund, created	144
in section 183.18 of the Revised Code:	145

(2) Of the net amounts credited to the tobacco master	160
settlement agreement fund in 2013, the director shall transfer to	161
the OhioOhio's public health priorities trust fund the amount not	162
transferred to the OhioOhio's public health priorities trust fund	163
from the net amounts credited to the tobacco master settlement	164
agreement fund in 2002 due to Am. Sub. H.B. No. 405 of the 124th	165
general assembly. Of the net amounts credited to the tobacco	166
master settlement agreement fund in 2014, the director shall	167
transfer to the OhioOhio's public health priorities trust fund	168
the amount not transferred to the OhioOhio's public health	169
priorities trust fund from the net amounts credited to the tobacco	170
master settlement agreement fund in 2003 due to Am. Sub. H.B. No.	171
405 of the 124th general assembly.	172

(E) The following percentages of the net amounts credited to	173
the tobacco master settlement agreement fund annually shall be	174
transferred to the biomedical research and technology transfer	175
trust fund, created in section 183.19 of the Revised Code:	176

(F) Of the amounts credited to the tobacco master settlement	188
agreement fund annually, the following amounts shall be	189
transferred to the education facilities trust fund, created in	190
section 183.26 of the Revised Code:	191

(G) Of the amounts credited to the tobacco master settlement	203
agreement fund annually, from 2000 to 2012 five million dollars	204
per year shall be transferred to the education facilities	205
endowment fund, created in section 183.27 of the Revised Code.	206
From 2013 to 2025, the following percentages of the amounts	207
credited to the tobacco master settlement agreement fund annually	208
shall be transferred to the endowment fund:	209

(H) The following percentages of the net amounts credited to	214
the tobacco master settlement agreement fund annually shall be	215
transferred to the education technology trust fund, created in	216
section 183.28 of the Revised Code:	217

(I) In each year from 2003 to 2025, after the transfers made	232
under divisions (F) and (G) of this section but prior to the	233
transfers made under divisions (A) to (E) of this section, the	234
director of budget and management shall transfer to the tobacco	235
settlement oversight, administration, and enforcement fund created	236
in section 183.34 of the Revised Code such amount as the director	237
determines necessary to pay the costs incurred by the attorney	238
general in tobacco settlement oversight, administration, and	239
enforcement.	240

(J) In each year from 2003 to 2025, after the transfers	241
made under divisions (F) and (G) of this section but prior to the	242
transfers made under divisions (A) to (E) of this section, the	243
director of budget and management shall transfer to the tobacco	244
settlement enforcement fund created in section 183.35 of the	245
Revised Code such amount as the director determines necessary to	246
pay the costs incurred by the tax commissioner in the enforcement	247
of divisions (F) and (G) of section 5743.03 of the Revised Code.	248

(K) If in any year from 2001 to 2012 the payments and	249
interest credited to the tobacco master settlement agreement fund	250
during the year amount to less than the amounts required to be	251
transferred to the education facilities trust fund and the	252
education facilities endowment fund that year, the director of	253
budget and management shall make none of the transfers required by	254
divisions (A) to (H)(J) of this section.	255

(J)(L) If in any year from 2000 to 2025 the payments	256
credited to the tobacco master settlement agreement fund during	257
the year exceed the following amounts, the director of budget and	258
management shall transfer the excess to the income tax reduction	259
fund, created in section 131.44 of the Revised Code:	260

Sec. 183.04.  There is hereby created the tobacco use	272
prevention and control foundation, the general management of which	273
is vested in a board of trustees of twentytwenty-four members as	274
follows:	275

(A) Eight members who are health professionals, health	276
researchers, or representatives of health organizations. Two of	277
these members shall be appointed by the governor, two by the	278
speaker of the house of representatives, one by the minority	279
leader of the house of representatives, two by the president of	280
the senate, and one by the minority leader of the senate.	281

(B) Two members, one of whom has experience in financial	282
planning and accounting and one of whom has experience in media	283
and mass marketing, who shall be appointed by the governor;	284

(C) One member, who shall be appointed by the governor from	285
a list of at least three individuals recommended by the American	286
cancer society;	287

(D) One member, who shall be appointed by the governor from	288
a list of at least three individuals recommended by the American	289
heart association;	290

(E) One member, who shall be appointed by the governor from	291
a list of at least three individuals recommended by the American	292
lung association;	293

(F) One member, who shall be appointed by the governor from	294
a list of at least three individuals recommended by the	295
association of hospitals and health systems;	296

(G) One member, who shall be appointed by the governor from	297
a list of at least three individuals recommended by the Ohio state	298
medical association;	299

(H) One member, who shall be appointed by the governor from	300
a list of at least three individuals recommended by the	301
association of Ohio health commissioners;	302

(I) One member, who shall be appointed by the governor from	303
a list of at least three individuals recommended by the Ohio	304
dental association;	305

(J) One nonvoting member, who shall be a member of the house	306
of representatives of the political party of which the speaker of	307
the house of representatives is a member and who shall be	308
appointed by the speaker;	309

(K) One nonvoting member, who shall be a member of the house	310
of representatives of the major political party of which the	311
speaker of the house of representatives is not a member and who	312
shall be appointed by the speaker;	313

(L) One nonvoting member, who shall be a member of the senate	314
of the political party of which the president of the senate is a	315
member and who shall be appointed by the president;	316

(M) One nonvoting member, who shall be a member of the senate	317
of the major political party of which the president of the senate	318
is not a member and who shall be appointed by the president;	319

(N) The director of health, executive director of the	320
commission on minority health, and attorney general, who shall	321
serve as ex officio members.	322

The appointments of the governor shall be with the advice and	323
consent of the senate.	324

Terms of office for the non-legislative members appointed by	325
the governor, president, speaker, and minority leaders shall be	326
for five years. The terms of legislative members shall be for the	327
biennial session of the general assembly in which they are	328
appointed. Each member shall hold office from the date of	329
appointment until the end of the term for which the member was	330
appointed. Any member appointed to fill a vacancy occurring prior	331
to the expiration of the term for which the member's predecessor	332
was appointed shall hold office for the remainder of that term.	333
Any member shall continue in office subsequent to the expiration	334
date of the member's term until the member's successor takes	335
office, or until a period of sixty days has elapsed, whichever	336
occurs first. A vacancy in an unexpired term shall be filled in	337
the same manner as the original appointment. The governor may	338
remove any non-legislative member for malfeasance, misfeasance, or	339
nonfeasance after a hearing in accordance with Chapter 119. of the	340
Revised Code.	341

The members of the board shall serve without compensation but	342
shall receive their reasonable and necessary expenses incurred in	343
the conduct of foundation business.	344

Sections 101.82 to 101.87 of the Revised Code do not apply	345
to the foundation.	346

Sec. 183.06.  The board of trustees of the tobacco use	347
prevention and control foundation shall appoint and set the	348
compensation of an executive director and other employees needed	349
to carry out the duties of the foundation. Before entering upon	350
the discharge of the duties of office, the executive director	351
shall give a bond to the state, to be approved by the governor,	352
conditioned for the faithful performance of the duties of office.	353
The executive director and the other employees of the foundation	354
are state employees and serve in the unclassified service.	355

There is hereby created in the state treasury the tobacco use	356
prevention and control operating expenses fund. The treasurer of	357
state shall periodically pay into the fund, from the tobacco use	358
prevention and control endowment fund created in section 183.08 of	359
the Revised Code, amounts requested by the foundation to pay the	360
compensation of state employees of the foundation. Amounts	361
credited to the operating expenses fund shall be used by the	362
foundation solely to pay the compensation of the state employees	363
of the foundation. All investment earnings of the operating	364
expenses fund shall be credited to the fund.	365

Sec. 183.12.  There is hereby created the southern Ohio	366
agricultural and community development foundation, the general	367
management of which is vested in a board of trustees of twelve	368
sixteen members as follows:	369

(A) The director of agriculture, director of development,	370
executive director of the Ohio rural development partnership, and	371
director or designee of the director of the Ohio state university	372
extension, who shall serve as ex officio officers;	373

(B) Two residents of major tobacco-producing counties with	374
experience in local agricultural economic development or community	375
development, who shall be appointed by the governor;	376

(C) Three active farmers from major tobacco-producing	377
counties, who shall be appointed by the governor, two of whom	378
shall be appointed from a list of at least four individuals	379
recommended by the Ohio farm bureau and one of whom shall be	380
appointed from a list of at least two individuals recommended by	381
the farmers' union;	382

(D) Three active tobacco farmers from major	383
tobacco-producing counties, who shall be appointed by the governor	384
from a list of at least six individuals recommended by the Ohio	385
tobacco growers association;	386

(E) One nonvoting member, who shall be a member of the house	387
of representatives of the political party of which the speaker of	388
the house of representatives is a member and who shall be	389
appointed by the speaker;	390

(F) One nonvoting member, who shall be a member of the house	391
of representatives of the major political party of which the	392
speaker of the house of representatives is not a member and who	393
shall be appointed by the speaker;	394

(G) One nonvoting member, who shall be a member of the senate	395
of the political party of which the president of the senate is a	396
member and who shall be appointed by the president;	397

(H) One nonvoting member, who shall be a member of the senate	398
of the major political party of which the president of the senate	399
is not a member and who shall be appointed by the president.	400

The appointments of the governor shall be with the advice and	401
consent of the senate.	402

Terms of office for the members appointed by the governor	403
shall be for five years. The terms of legislative members shall be	404
for the biennial session of the general assembly in which they are	405
appointed. Each such member shall hold office from the date of	406
appointment until the end of the term for which the member was	407
appointed. Any member appointed by the governor to fill a vacancy	408
occurring prior to the expiration of the term for which the	409
member's predecessor was appointed shall hold office for the	410
remainder of suchthat term. Any member appointed by the governor	411
shall continue in office subsequent to the expiration date of the	412
member's term until the member's successor takes office, or until	413
a period of sixty days has elapsed, whichever occurs first. The	414
governor may remove any non-legislative member appointed by the	415
governor for malfeasance, misfeasance, or nonfeasance after a	416
hearing in accordance with Chapter 119. of the Revised Code.	417

A vacancy on the board shall be filled in the same manner as	418
the original appointment.	419

The members of the board shall serve without compensation but	420
shall receive their reasonable and necessary expenses incurred in	421
the conduct of foundation business.	422

Sections 101.82 to 101.87 of the Revised Code do not apply	423
to the foundation.	424

As used in this section, "major tobacco-producing counties"	425
means any of the counties, ranked in descending order of pounds	426
produced, where ninety-five per cent of the 1998 burley tobacco	427
quota for the state was produced.	428

Sec. 183.14.  The board of trustees of the southern Ohio	429
agricultural and community development foundation shall appoint	430
and set the compensation of an executive director and other	431
employees needed to carry out the duties of the foundation.	432
Before entering upon the discharge of the duties of office, the	433
executive director shall give a bond to the state, to be approved	434
by the governor, conditioned for the faithful performance of the	435
duties of office. The executive director and the other employees	436
of the foundation are state employees and serve in the	437
unclassified service.	438

There is hereby created in the state treasury the southern	439
Ohio agricultural and community development operating expenses	440
fund. The treasurer of state shall periodically pay into the	441
fund, from the southern Ohio agricultural and community	442
development foundation endowment fund created in section 183.16 of	443
the Revised Code, amounts requested by the foundation to pay the	444
compensation of the state employees of the foundation. Amounts	445
credited to the operating expenses fund shall be used by the	446
foundation solely to pay the compensation of the state employees	447
of the foundation. All investment earnings of the operating	448
expenses fund shall be credited to the fund.	449

Sec. 183.20.  There is hereby created the biomedical research	450
and technology transfer commission within the Ohio board of	451
regents. The commission shall consist of twenty-fivetwenty-nine	452
members as follows:	453

(A) The chancellor of the board, director of development,	454
director of health, and executive director of the commission on	455
minority health, who shall serve as ex officio members;	456

(B) The director of budget and management, who shall serve	457
as an ex officio member, or the director's designee;	458

(C) Twelve members, who shall not be or represent potential	459
recipients of grants from the commission, appointed as follows:	460

(1) Six members, appointed by the governor, at least two of	461
whom are experts in commercializing the results of biomedical	462
research;	463

(2) Two members, in addition to the member described in	464
division (E) of this section, appointed by the speaker of the	465
house of representatives;	466

(3) One member, in addition to the member described in	467
division (F) of this section, appointed by the minority leader of	468
the house of representatives;	469

(4) Two members, in addition to the member described in	470
division (G) of this section, appointed by the president of the	471
senate;	472

(5) One member, in addition to the member described in	473
division (H) of this section, appointed by the minority leader of	474
the senate.	475

(D) Eight nonvoting members appointed by the governor,	476
representing Ohio's biomedical research institutions;	477

(E) One nonvoting member, who shall be a member of the house	478
of representatives of the political party of which the speaker of	479
the house of representatives is a member and who shall be	480
appointed by the speaker;	481

(F) One nonvoting member, who shall be a member of the house	482
of representatives of the major political party of which the	483
speaker of the house of representatives is not a member and who	484
shall be appointed by the speaker;	485

(G) One nonvoting member, who shall be a member of the senate	486
of the political party of which the president of the senate is a	487
member and who shall be appointed by the president;	488

(H) One nonvoting member, who shall be a member of the senate	489
of the major political party of which the president of the senate	490
is not a member and who shall be appointed by the president.	491

Before making their appointments of the non-legislative	492
members, the governor, speaker, president, and minority leaders	493
shall solicit, from the state's medical colleges, dental colleges,	494
and medical research institutions, the national institutes of	495
health, and other sources familiar with experts in the field of	496
biomedical research and in commercializing the results of	497
biomedical research, recommendations as to whom to appoint.	498

The appointments of the governor shall be with the advice and	499
consent of the senate.	500

Terms of office for the non-legislative members appointed by	501
the governor, president, speaker, and minority leaders shall be	502
for five years. The terms of legislative members shall be for the	503
biennial session of the general assembly in which they are	504
appointed. Each member shall hold office from the date of	505
appointment until the end of the term for which the member was	506
appointed. Any member appointed to fill a vacancy occurring prior	507
to the expiration of the term for which the member's predecessor	508
was appointed shall hold office for the remainder of suchthat	509
term. Any member shall continue in office subsequent to the	510
expiration date of the member's term until the member's successor	511
takes office, or until a period of sixty days has elapsed,	512
whichever occurs first. A vacancy in an unexpired term shall be	513
filled in the same manner as the original appointment. The	514
governor may remove any non-legislative member for malfeasance,	515
misfeasance, or nonfeasance after a hearing in accordance with	516
Chapter 119. of the Revised Code.	517

The members of the commission shall serve without	518
compensation but shall receive their reasonable and necessary	519
expenses incurred in the conduct of commission business.	520

Sections 101.82 to 101.87 of the Revised Code do not apply	521
to the commission.	522

Sec. 183.30.  (A) Except as provided in division (D) of this	523
section, no more than five per cent of the total expenditures of	524
the tobacco use prevention and control foundation in a fiscal year	525
shall be for administrative expenses of the foundation.	526

(B) Except as provided in division (D) of this section, no	527
more than five per cent of the total expenditures of the southern	528
Ohio agricultural and community development foundation in a fiscal	529
year shall be for administrative expenses of the foundation.	530

(C) Except as provided in division (D) of this section, no	531
more than five per cent of the total expenditures of the	532
biomedical research and technology transfer commission in a fiscal	533
year shall be for administrative expenses of the commission.	534

(D) This section's five per cent limitation on	535
administrative expenses does not apply into any fiscal years 2001	536
and 2002, provided the foundation or commission seeking to spend	537
more than five per cent has submitted a spending plan toyear for	538
which the controlling board and the controlling board has approved	539
theapproves a spending plan that the foundation or commission	540
submits to the board.	541

Sec. 183.34. There is hereby created in the state treasury	542
the tobacco settlement oversight, administration, and enforcement	543
fund, to which shall be credited amounts transferred under	544
division (I) of section 183.02 of the Revised Code. The attorney	545
general shall use the fund to pay costs incurred in the oversight,	546
administration, and enforcement of the tobacco master settlement	547
agreement.	548

Sec. 183.35. There is hereby created in the state treasury	549
the tobacco settlement enforcement fund, to which shall be	550
credited amounts transferred under division (J) of section 183.02	551
of the Revised Code. The tax commissioner shall use the fund to	552
pay costs incurred in the enforcement of divisions (F) and (G) of	553
section 5743.03 of the Revised Code.	554

Sec. 5743.03. (A) Except as provided in section 5743.04 of	555
the Revised Code, the taxes imposed under sections 5743.02,	556
5743.023, 5743.024, and 5743.026 of the Revised Code shall be paid	557
by the purchase of stamps. A stamp shall be affixed to each	558
package of an aggregate denomination not less than the amount of	559
the tax upon the contents thereof. The stamp, so affixed, shall	560
be prima-facie evidence of payment of the tax. Except as is	561
provided in the rules prescribed by the tax commissioner under	562
authority of sections 5743.01 to 5743.20 of the Revised Code, and	563
unless such stamps have been previously affixed, they shall be so	564
affixed by each wholesale dealer, and canceled by writing or	565
stamping across the face thereof the number assigned to such	566
wholesale dealer by the tax commissioner for that purpose, prior	567
to the delivery of any cigarettes to any person in this state, or	568
in the case of a tax levied pursuant to section 5743.024 or	569
5743.026 of the Revised Code, prior to the delivery of cigarettes	570
to any person in the county in which the tax is levied.	571

(B) Except as provided in the rules prescribed by the	572
commissioner under authority of sections 5743.01 to 5743.20 of the	573
Revised Code, and unless such stamps have been previously affixed,	574
each retail dealer shall within twenty-four hours after the	575
receipt of any cigarettes at the retail dealer's place of business	576
and prior to the delivery thereof to any person in this state, or	577
in the case of a tax levied pursuant to section 5743.024 or	578
5743.026 of the Revised Code prior to the delivery thereof to any	579
person in the county in which the tax is levied, so affix such	580
stamps and cancel same by writing or stamping across the face	581
thereof the number assigned to such retail dealer by the	582
commissioner for that purpose.	583

(C) Whenever any cigarettes are found in the place of	584
business of any retail dealer without proper tax stamps affixed	585
thereto and canceled, it is presumed that such cigarettes are kept	586
therein in violation of sections 5743.01 to 5743.20 of the Revised	587
Code.	588

(D) Each wholesale dealer and each retail dealer who	589
purchases cigarettes without proper tax stamps affixed thereto	590
shall, on or before the thirty-first day of the month following	591
the close of each semiannual period, which period shall end on the	592
thirtieth day of June and the thirty-first day of December of each	593
year, make and file a return of the preceding semiannual period,	594
on such form as is prescribed by the tax commissioner, showing the	595
dealer's entire purchases and sales of cigarettes and stamps or	596
impressions for such semiannual period and accurate inventories as	597
of the beginning and end of each semiannual period of cigarettes,	598
stamped or unstamped; cigarette tax stamps affixed or unaffixed	599
and unused meter impressions; and such other information as the	600
commissioner finds necessary to the proper administration of	601
sections 5743.01 to 5743.20 of the Revised Code. The commissioner	602
may extend the time for making and filing returns and may remit	603
all or any part of amounts of penalties whichthat may become due	604
under sections 5743.01 to 5743.20 of the Revised Code. The	605
wholesale or retail dealer shall deliver the return together with	606
a remittance of the tax deficiency reported thereon to the	607
treasurer of state. The treasurer of state shall stamp or	608
otherwise mark on the return the date it was received and shall	609
also show thereon by stamp or otherwise a payment or nonpayment of	610
the deficiency shown by the return. Thereafter, the treasurer of	611
state shall immediately transmit all returns filed under this	612
section to the commissioner. Any	613

(E) Any wholesale or retail dealer who fails to file a return	614
under this section and the rules of the commissioner, other than a	615
report required pursuant to division (F) of this section, may be	616
required, for each day the dealer so fails, to forfeit and pay	617
into the state treasury the sum of one dollar as revenue arising	618
from the tax imposed by sections 5743.01 to 5743.20 of the Revised	619
Code and such sum may be collected by assessment in the manner	620
provided in section 5743.081 of the Revised Code. If the	621
commissioner finds it necessary in order to insure the payment of	622
the tax imposed by sections 5743.01 to 5743.20 of the Revised	623
Code, the commissioner may require returns and payments to be made	624
other than semiannually. The returns shall be signed by the	625
wholesale or retail dealer or an authorized agent thereof.	626

(F) Each person required to file a tax return under section	627
5743.03, 5743.52, or 5743.62 of the Revised Code shall report to	628
the commissioner the quantity of all cigarettes and roll-your-own	629
cigarette tobacco sold in Ohio for each brand not covered by the	630
tobacco master settlement agreement for which the person is liable	631
for the taxes levied under section 5743.02, 5743.51, or 5743.62 of	632
the Revised Code.	633

As used in this division, "tobacco master settlement	634
agreement" has the same meaning as in section 183.01 of the	635
Revised Code.	636

(G) The report required by division (F) of this section	637
shall be made on a form prescribed by the commissioner and shall	638
be filed not later than the last day of each month for the	639
previous month, except that if the commissioner determines that	640
the quantity reported by a person does not warrant monthly	641
reporting, the commissioner may authorize reporting at less	642
frequent intervals. The commissioner may assess a penalty of not	643
more than two hundred fifty dollars for each month or portion	644
thereof that a person fails to timely file a required report, and	645
such sum may be collected by assessment in the manner provided in	646
section 5743.081 of the Revised Code. All money collected under	647
this division shall be considered as revenue arising from the	648
taxes imposed by sections 5743.01 to 5743.20 of the Revised Code.	649

Sec. 5743.99.  (A) Whoever violates section 5743.10,	650
5743.11, or 5743.12 or division (C) of section 5743.54 of the	651
Revised Code is guilty of a misdemeanor of the first degree. If	652
the offender has been previously convicted of an offense under	653
this division, violation is a felony of the fourth degree.	654

(B) Whoever violates section 5743.111, 5743.112, 5743.13,	655
5743.14, 5743.59, or 5743.60 of the Revised Code is guilty of a	656
felony of the fourth degree. If the offender has been previously	657
convicted of an offense under this division, violation is a felony	658
of the second degree.	659

(C) Whoever violates section 5743.41 or 5743.42 of the	660
Revised Code is guilty of a misdemeanor of the fourth degree. If	661
the offender has been previously convicted of an offense under	662
this division, violation is a misdemeanor of the third degree.	663

(D) Whoever violates section 5743.21 of the Revised Code is	664
guilty of a misdemeanor of the first degree. If the offender has	665
been previously convicted of an offense under this division,	666
violation is a felony of the fifth degree.	667

(E) Whoever violates division (F) of section 5743.03 of the	668
Revised Code is guilty of a misdemeanor of the fourth degree.	669

(F) Whoever violates any provision of this chapter, or any	670
rule promulgated by the tax commissioner under authority of this	671
chapter, for the violation of which no penalty is provided	672
elsewhere, is guilty of a misdemeanor of the fourth degree.	673

(F)(G) In addition to any other penalty imposed upon a	674
person convicted of a violation of section 5743.112 or 5743.60 of	675
the Revised Code who was the operator of a motor vehicle used in	676
the violation, the registrar of motor vehicles shall suspend any	677
driver's or commercial driver's license issued to the offender	678
pursuant to the order and determination of the trial judge of any	679
court of record as provided in section 4507.16 of the Revised	680
Code.	681

Section 2. That existing sections 126.02, 183.02, 183.04,	682
183.06, 183.12, 183.14, 183.20, 183.30, 5743.03, and 5743.99 and	683
section 183.31 of the Revised Code are hereby repealed.	684

Section 3.  All items in Sections 4 to 13 of this act are	685
hereby appropriated as designated out of any moneys in the state	686
treasury to the credit of the designated fund that are not	687
otherwise appropriated. For all appropriations made in this	688
section, those in the first column are for fiscal year 2003 and	689
those in the second column are for fiscal year 2004.	690

Section 4. ADA DEPARTMENT OF ALCOHOL AND DRUG ADDICTION	691
SERVICES	692

Section 5. AGO ATTORNEY GENERAL

699

Tobacco Master Settlement Agreement Fund Group

700

LAW ENFORCEMENT IMPROVEMENTS TRUST FUND

705

The foregoing appropriation item 055-635, Law Enforcement	706
Technology, Training, and Facility Enhancements shall be used in	707
accordance with section 183.10 of the Revised Code.	708
Notwithstanding anything to the contrary contained in sections	709
9.33 to 9.332 and Chapters 123. and 153. of the Revised Code, the	710
Office of the Attorney General may negotiate, enter into, and	711
administer a contract that combines both the design and	712
construction elements into one contract for the Ohio Peace Officer	713
Training Academy Outdoor Training Facility and Improvements	714
project, which is funded from appropriation item 055-635, Law	715
Enforcement Technology, Training, and Facility Enhancements.	716

Section 6. DOH DEPARTMENT OF HEALTH

717

Tobacco Master Settlement Agreement Fund Group

718

Section 7. MIH COMMISSION ON MINORITY HEALTH

732

Section 8. DHS DEPARTMENT OF PUBLIC SAFETY

739

Section 9. BOR BOARD OF REGENTS

745

Tobacco Master Settlement Agreement Fund Group

746

Section 10. NET SCHOOLNET COMMISSION

753

Tobacco Master Settlement Agreement Fund Group

754

EDUCATION TECHNOLOGY TRUST FUND

760

The foregoing appropriation item 228-602, Education	761
Technology Trust Fund, shall be used by the SchoolNet Commission	762
for grants to school districts and other entities and for the	763
costs of administering these grants. Of the total amount for	764
grants, $1,917,293 in fiscal year 2003 shall be used for the Ohio	765
ONEnet project, $909,247 in fiscal year 2003 shall be used for the	766
INFOhio Network, $298,750 in fiscal year 2003 shall be used for	767
the JASON Project, $1,000,000 in fiscal year 2003 shall be used	768
for RISE Learning Solutions, and $200,000 in fiscal year 2003	769
shall be used for the Stark County School Teacher Technical	770
Training Center. The remaining amount for grants shall be made to	771
school districts.	772

The JASON Project shall provide funding for statewide access	773
and a seventy-five per cent subsidy for statewide licensing of	774
JASON content for 90,000 middle school students statewide, and	775
professional development for teachers participating in the JASON	776
Project.	777

It is the intent of the General Assembly that the SchoolNet	778
Commission, in conjunction with RISE Learning Solutions, shall	779
develop a program that may be conducted in conjunction with	780
state-supported technology programs, including, but not limited	781
to, SchoolNet Commission appropriation item 228-406, Technical and	782
Instructional Professional Development, and appropriation item	783
228-539, Education Technology, and that shall be designed to	784
educate preschool staff members and providers on developmentally	785
appropriate teaching methods, behavior guidance, and literacy and	786
to involve parents more closely in the education and development	787
of their children. The program shall include an interactive	788
instructional component, delivered using satellite television,	789
Internet, and with facilitation, and shall be distributed to	790
program participants using the established satellite receiver	791
dishes on public schools, Head Start centers, and childcare	792
centers at up to 100 locations throughout the state. The	793
interactive instructional component of the program shall be	794
developed to enhance the professional development, training, and	795
performance of preschool staff members, the education and	796
care-giving skills of the parents of preschool children, and the	797
preparation of preschool-age children for learning.	798

The program shall utilize the grant to continue a	799
direct-service component that shall include at least three	800
teleconferences that may be distributed by Ohio-based public	801
television utilizing satellite or microwave technology in a manner	802
designed to promote interactive communications between the program	803
participants located at subsites within the Ohio Educational	804
Broadcast Network or as determined by the commission. Program	805
participants shall communicate with trainers and participants at	806
other program sites through telecommunications and facsimile and	807
on-line computer technology. As much as possible, the	808
direct-service component shall utilize systems currently available	809
in state-supported technology programs and conduct the component	810
in a manner that promotes innovative, interactive communications	811
between program participants at all the sites. Parent support	812
groups and teacher training sessions shall supplement the	813
teleconferences and shall occur on a local basis.	814

RISE Learning Solutions may subcontract components of the	815
program.	816

Individuals eligible to participate in the program include	817
those children, their parents, custodians, or guardians, and	818
preschool staff members who are eligible to participate in a	819
preschool program as defined in division (A) of section 3301.52	820
and section 5104.02 of the Revised Code.	821

The components of the program, including two that shall be	822
developed in support of teacher proficiency in teaching reading to	823
prekindergarten and kindergarten to third grade students, at the	824
direction of the Department of Education, may include: two	825
three-hour broadcast seminars from a central up-link station,	826
distributed in up to 88 counties; high production-value video	827
sought in various locations; and direct interactive adult learning	828
activities. These two components shall include development of	829
workbooks and involve at least three small, group-facilitated	830
follow-up discussion workshops and development and distribution of	831
at least two home videos. The program shall also provide Internet	832
access, interactive lines, bulletin board, and CD-ROM.	833

Upon completion of each of the school years for which the	834
grant was made, RISE Learning Solutions shall issue a report to	835
the commission and members of the General Assembly explaining the	836
goals and objectives determined, the activities implemented, the	837
progress made toward the achievement of the goals and objectives,	838
and the outcome of the program.	839

The commission shall use the remaining appropriation	840
authority in fiscal year 2003 and appropriation authority granted	841
in fiscal year 2004 to establish and equip, through the SchoolNet	842
Plus Program, at least one interactive computer station for each	843
five children enrolled in the sixth grade as determined by a	844
three-year average adjusted per pupil property valuation pursuant	845
to division (A) of section 3317.03 of the Revised Code. Districts	846
in the first two quartiles of wealth shall receive $380 per pupil	847
for students in grade six to purchase classroom computers for the	848
sixth grade. Districts in the third and fourth quartile shall	849
receive approximately $188 per sixth grade pupil. If a district	850
has met the state's goal of one computer to every five students,	851
the district may use funds provided through the SchoolNet Plus	852
Program to purchase computers for grade seven or to fulfill	853
educational technology needs on other grades as specified in the	854
district's technology plan. When there is at least one computer	855
for each five children enrolled in the sixth grade, SchoolNet	856
shall use any remaining funds appropriated to establish and equip	857
at least one interactive computer workstation for each five	858
children enrolled in the seventh grade as determined by the	859
previously defined formula.	860

Section 11. SOA SOUTHERN OHIO AGRICULTURAL AND COMMUNITY	861
DEVELOPMENT FOUNDATION	862

Tobacco Master Settlement Agreement Fund Group

863

INVESTMENT EARNINGS ON OPERATING EXPENSES FUND

869

On July 1, 2002, or as soon thereafter as possible, the	870
Director of Budget and Management shall transfer the investment	871
earnings that would have been credited to the Southern Ohio	872
Agricultural and Community Development Operating Expenses Fund	873
(Fund 5M9) established in section 183.14 of the Revised Code for	874
fiscal years 2001 and 2002, which were credited to the General	875
Revenue Fund, from the General Revenue Fund to the Southern Ohio	876
Agricultural and Community Development Operating Expenses Fund	877
(Fund 5M9).	878

Section 12. TAX DEPARTMENT OF TAXATION

879

Section 13. TUP TOBACCO USE PREVENTION AND CONTROL	885
FOUNDATION	886

INVESTMENT EARNINGS ON OPERATING EXPENSES FUND

891

On July 1, 2002, or as soon thereafter as possible, the	892
Director of Budget and Management shall transfer the investment	893
earnings that would have been credited to the Tobacco Use	894
Prevention and Control Operating Expenses Fund (Fund 5M8)	895
established in section 183.06 of the Revised Code for fiscal years	896
2001 and 2002, which were instead credited to the General Revenue	897
Fund, from the General Revenue Fund to the Tobacco Use Prevention	898
and Control Operating Expenses Fund (Fund 5M8).	899

Section 13.01. During fiscal years 2003 and 2004, of the	900
total amount of funding the Tobacco Use Prevention and Control	901
Foundation provides during the year to other organizations for	902
tobacco use prevention and cessation programs, the Foundation	903
shall devote a percentage to programs for smokeless tobacco use	904
prevention and cessation. The Foundation's Board of Trustees	905
shall specify the percentage for a fiscal year before the year	906
begins.	907

Section 13.02. If, during fiscal year 2003 or fiscal year	908
2004, the Tobacco Use Prevention and Control Foundation spends	909
money on a tobacco counter-marketing media campaign, the	910
Foundation shall devote a percentage of the money so spent to a	911
media campaign to reduce the use of smokeless tobacco. The	912
Foundation's Board of Trustees shall specify the percentage for a	913
fiscal year before the year begins.	914

Section 14.  All items set forth in this section are hereby	915
appropriated out of any moneys in the state treasury to the credit	916
of the Education Facilities Trust Fund (Fund N87) that are not	917
otherwise appropriated.	918

Appropriations

SFC SCHOOL FACILITIES COMMISSION

919

Section 14.01.  Section 14 of this act shall remain in full	924
force and effect commencing on July 1, 2002, and terminating on	925
June 30, 2004, for the purpose of drawing money from the state	926
treasury in payment of liabilities lawfully incurred thereunder,	927
and on June 30, 2004, and not before, the moneys appropriated	928
thereby shall lapse into the funds from which they are severally	929
appropriated.	930

The appropriations made in Section 14 of this act are	931
subject to all provisions of the capital appropriations act	932
governing the 2002-2004 biennium that are generally applicable to	933
such appropriations. Expenditures from appropriations contained	934
in Section 14 shall be accounted for as though made in the	935
capital appropriations act governing the 2002-2004 biennium.	936

Section 15. TRANSFER FROM TOBACCO MASTER SETTLEMENT AGREEMENT	937
FUND TO CONTROLLING BOARD EMERGENCY PURPOSES FUND	938

Notwithstanding section 183.02 of the Revised Code, on July	939
1, 2002, or as soon thereafter as possible, the Director of Budget	940
and Management shall transfer $368,301 in cash from the net amount	941
credited to the Tobacco Master Settlement Agreement Fund (Fund	942
087) to the Controlling Board Emergency Purposes Fund (Fund 5S4).	943
The amount transferred is hereby appropriated.	944

The transfer made under this section shall be made after the	945
transfers made under divisions (F) and (G) of section 183.02 of	946
the Revised Code, but prior to the transfers made under divisions	947
(A) to (E) and (I) and (J) of section 183.02 of the Revised Code.	948
The amount transferred shall reimburse the Controlling Board	949
Emergency Purposes Fund (Fund 5S4) for the amounts transferred to	950
the Attorney General and the Department of Taxation to pay for the	951
expenses associated with the enforcement of the tobacco master	952
settlement agreement in fiscal year 2002.	953

Section 16. That Section 32 of Am. Sub. H.B. 405 of the 124th	954
General Assembly be amended to read as follows:	955

"       Sec. 32. TRANSFER FROM THE TOBACCO MASTER SETTLEMENT	956
AGREEMENT FUND TO THE GENERAL REVENUE FUND	957

(A) Notwithstanding section 183.02 of the Revised Code, on	958
or before June 30, 2002, the Director of Budget and Management may	959
transfer up to $120,000,000 from the Tobacco Master Settlement	960
Agreement Fund (Fund 087) to the General Revenue Fund.	961

Notwithstanding section 183.02 of the Revised Code, on or	962
before June 30, 2003, the Director of Budget and Management may	963
transfer up to $120,000,000 from the Tobacco Master Settlement	964
Agreement Fund (Fund 087) to the General Revenue Fund.	965

Of the tobacco revenue that is credited to the Tobacco Master	966
Settlement Agreement Fund in fiscal year 2002 and in fiscal year	967
2003, the share that is determined pursuant to section 183.02 of	968
the Revised Code to be the amount to be transferred by the	969
Director of Budget and Management from the Tobacco Master	970
Settlement Agreement Fund to the Tobacco Use Prevention and	971
Cessation Trust Fund shall be reduced by the amount that is	972
transferred from the Tobacco Master Settlement Agreement Fund to	973
the General Revenue Fund in accordance with this division.	974

(B) Notwithstanding section 183.02 of the Revised Code, on	975
or before June 30, 2003, the Director of Budget and Management may	976
make one or more transfers from the Tobacco Master Settlement	977
Agreement Fund (Fund 087) to the General Revenue Fund that in	978
total do not exceed $20,000,000$36,240,000. From the tobacco	979
revenue that is credited to the Tobacco Master Settlement	980
Agreement Fund in fiscal years 2002 and 2003, the shares that are	981
determined pursuant to section 183.02 of the Revised Code to be	982
the amounts to be transferred by the Director of Budget and	983
Management from the Tobacco Master Settlement Agreement Fund to	984
the various trust fundsSouthern Ohio Agricultural and Community	985
Development Trust Fund (Fund K87) and the Ohio's Public Health	986
Priorities Trust Fund (Fund L87) shall be reduced in each fiscal	987
year to provide the revenue for the transfers under this division	988
in a manner to be determined in the tobacco revenue budget act for	989
fiscal years 2003 and 2004, but such manner shall not provide for	990
any reductions in the shares determined for the Education	991
Facilities Trust Fund (Fund N87), Education Facilities Endowment	992
Fund (Fund P87), Education Technology Trust Fund (Fund S87), and	993
Biomedical Research and Technology Transfer Trust Fund (Fund M87).	994
The Director of Budget and Management shall not make any transfers	995
pursuant to this division until it is determined how the shares	996
are to be reduced, except that the revenue by which the Ohio's	997
Public Health Priorities Trust Fund (Fund L87) is reduced under	998
this division shall not exceed $3,900,000.	999

(C) Notwithstanding section 183.02 of the Revised Code, if	1000
the revenue that is credited to the Tobacco Master Settlement	1001
Agreement Fund (Fund 087) in fiscal year 2002 is between	1002
$364,000,000 and $418,783,038.09, on July 15, 2002, or as soon	1003
thereafter as possible, the Director of Budget and Management	1004
shall transfer 42.52 per cent of the amount in excess of	1005
$364,000,000 but not in excess of $418,783,038.09 to the Ohio's	1006
Public Health Priorities Trust Fund (Fund L87) and 57.48 per cent	1007
of the amount in excess of $364,000,000 but not in excess of	1008
$418,783,038.09 to the Southern Ohio Agricultural and Community	1009
Development Trust Fund (Fund K87).	1010

(D) Notwithstanding section 183.02 of the Revised Code, if	1011
the revenue that is credited to the Tobacco Master Settlement	1012
Agreement Fund (Fund 087) in fiscal year 2003 is between	1013
$372,700,000 and $422,746,368.61, on July 15, 2003, or as soon	1014
thereafter as possible, the Director of Budget and Management	1015
shall transfer 43.64 per cent of the amount in excess of	1016
$372,700,000 but not in excess of $422,746,368.61 to the Ohio's	1017
Public Health Priorities Trust Fund (Fund L87) and 56.36 per cent	1018
of the amount in excess of $372,700,000 but not in excess of	1019
$422,746,368.61 to the Southern Ohio Agricultural and Community	1020
Development Trust Fund (Fund K87).	1021

(E) If the state receives any payments of moneys from an	1022
escrow account that has been established by a tobacco company that	1023
is participating in the master settlement agreement while that	1024
company is disputing a portion of its calculated payment, the	1025
Director of Budget and Management shall transfer the moneys	1026
received according to the percentages contained in division (C) of	1027
this section for fiscal year 2002 and division (D) of this section	1028
for fiscal year 2003.	1029

(F) The amounts transferred to the Ohio's Public Health	1030
Priorities Trust Fund (Fund L87) pursuant to divisions (C), (D),	1031
and (E) of this section shall not exceed a total of $3.9 million.	1032

(G)(1) If any amounts are transferred from the Tobacco Master	1033
Settlement Agreement Fund (Fund 087) to the Ohio’s Public Health	1034
Priorities Trust Fund (Fund L87) pursuant to divisions (C), (D),	1035
and (E) of this section, the amounts transferred shall be used to	1036
increase the appropriation authority in appropriation item	1037
440-414, Uncompensated Care, by up to $225,000 per year in fiscal	1038
years 2003 and 2004 and in appropriation item 440-411, Dental Care	1039
Programs for Minority and Low-Income Populations, by up to	1040
$120,000 per year in fiscal years 2003 and 2004. The increase to	1041
appropriation item 440-414, Uncompensated Care, shall be used to	1042
establish new dental clinics or expand existing dental clinics.	1043

(2) If any amounts are transferred to the Ohio’s Public	1044
Health Priorities Trust Fund, the Director of Health shall	1045
determine which appropriation item outlined in division (G)(1) of	1046
this section will have its appropriation authority increased. The	1047
Director of Health may elect to have the appropriation authority	1048
in both appropriation items increased. Any funds transferred	1049
pursuant to divisions (C), (D), and (E) of this section are hereby	1050
appropriated.	1051

(H) Any payment credited to the Tobacco Master Settlement	1052
Agreement Fund (Fund 087) that exceeds $418,783,038.09 in fiscal	1053
year 2002 or exceeds $422,746,368.61 in fiscal year 2003 shall be	1054
transferred pursuant to division (L) of section 183.02 of the	1055
Revised Code."	1056

Section 17. That existing Section 32 of Am. Sub. H.B. 405 of	1057
the 124th General Assembly is hereby repealed.	1058

Section 18. INFORMATION ON PRESCRIPTION DRUG ASSISTANCE

1059

The Department of Aging shall develop a program that creates	1060
a toll-free phone number to provide information on prescription	1061
drug assistance that is available in Ohio. The Department of Aging	1062
shall seek private funding in addition to any state funds used for	1063
this program. The Department of Aging shall not disburse funds for	1064
the program until after the department submits a request to the	1065
Controlling Board outlining the planned use of the funds, and the	1066
Controlling Board approves the request.	1067

Section 19.  PERSONAL SERVICE EXPENSES

1068

Unless otherwise prohibited by law, each appropriation in	1069
this act from which personal service expenses are paid shall bear	1070
the employer's share of public employees' retirement, workers'	1071
compensation, disabled workers' relief, and all group insurance	1072
programs; the costs of centralized accounting, centralized payroll	1073
processing, and related personnel reports and services; the cost	1074
of the Office of Collective Bargaining; the cost of the Personnel	1075
Board of Review; the cost of the Employee Assistance Program; the	1076
cost of the Equal Opportunity Center; the costs of interagency	1077
information management infrastructure; and the cost of	1078
administering the state employee merit system as required by	1079
section 124.07 of the Revised Code. Such costs shall be	1080
determined in conformity with appropriate sections of law and paid	1081
in accordance with procedures specified by the Office of Budget	1082
and Management.	1083

Section 20. That Section 103.03 of Am. Sub. H.B. 94 of the	1084
124th General Assembly is hereby repealed.	1085

Section 21.  Except as otherwise specifically provided in	1086
this act, the codified and uncodified sections of law contained in	1087
this act, and the items of law of which the codified and	1088
uncodified sections of law contained in this act are composed, are	1089
subject to the referendum. Therefore, under Ohio Constitution,	1090
Article II, Section 1c and section 1.471 of the Revised Code, the	1091
codified and uncodified sections of law contained in this act, and	1092
the items of law of which the codified and uncodified sections of	1093
law contained in this act are composed, take effect on the	1094
ninety-first day after this act is filed with the Secretary of	1095
State. If, however, a referendum petition is filed against any	1096
such codified or uncodified section of law contained in this act,	1097
or against any item of law of which any such codified or	1098
uncodified section of law contained in this act is composed, the	1099
codified or uncodified section of law, or item of law, unless	1100
rejected at the referendum, takes effect at the earliest time	1101
permitted by law.	1102

Section 22. Sections 3 to 13 and 15 to 25 of this act are not	1103
subject to the referendum. Therefore, under Ohio Constitution,	1104
Article II, Section 1d and section 1.471 of the Revised Code,	1105
Sections 3 to 13 and 15 to 24 of this act go into immediate effect	1106
when this act becomes law.	1107

Section 23. Sections 183.02, 183.06, 183.14, 183.30, 183.34,	1108
and 183.35 of the Revised Code as amended or enacted by this act,	1109
and the items of law of which such sections as amended or enacted	1110
by this act are composed, are not subject to the referendum.	1111
Therefore, under Ohio Constitution, Article II, Section 1d and	1112
section 1.471 of the Revised Code, such sections as amended or	1113
enacted by this act, and the items of law of which such sections	1114
as amended or enacted by this act are composed, go into immediate	1115
effect when this act becomes law.	1116

Section 24.  The repeal by this act of section 183.31 of	1117
the Revised Code is not subject to the referendum. Therefore,	1118
under Ohio Constitution, Article II, Section 1d and section 1.71	1119
of the Revised Code, the repeal goes into immediate effect when	1120
this act becomes law.	1121

Section 25. The repeal of Section 103.03 of Am. Sub. H.B. 94	1122
of the 124th General Assembly is not subject to the referendum.	1123
Therefore, under Ohio Constitution, Article II, Section 1d and	1124
section 1.471 of the Revised Code, the repeal of Section 103.03 is	1125
entitled to go into immediate effect when this act becomes law.	1126
However, the repeal of Section 103.03 of Am. Sub. H.B. 94 of the	1127
124th General Assembly takes effect on July 1, 2002, or the day	1128
this act becomes law, whichever is later.	1129