REPRESENTATIVE Calvert

To amend sections 183.04 and 183.18 of the Revised

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Code to provide for the distribution of money

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received by the state pursuant to the Tobacco

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Master Settlement Agreement by making operating

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and capital appropriations for the biennium

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beginning July 1, 2004, and ending June 30, 2006,

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and to provide authorization and conditions for

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the operation of state programs.

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

Section 1. That sections 183.04 and 183.18 of the Revised	9
Code be amended to read as follows:	10

Sec. 183.04.  There is hereby created the tobacco use	11
prevention and control foundation, the general management of which	12
is vested in a board of trustees of twenty-four members as	13
follows:	14

(A) Eight members who are health professionals, health	15
researchers, or representatives of health organizations. Two of	16
these members shall be appointed by the governor, two by the	17
speaker of the house of representatives, one by the minority	18
leader of the house of representatives, two by the president of	19
the senate, and one by the minority leader of the senate.	20

(B) Two members, one of whom has experience in financial	21
planning and accounting and one of whom has experience in media	22
and mass marketing, who shall be appointed by the governor;	23

(C) One member, who shall be appointed by the governor from a	24
list of at least three individuals recommended by the American	25
cancer society;	26

(D) One member, who shall be appointed by the governor from a	27
list of at least three individuals recommended by the American	28
heart association;	29

(E) One member, who shall be appointed by the governor from a	30
list of at least three individuals recommended by the American	31
lung association;	32

(F) One member, who shall be appointed by the governor from a	33
list of at least three individuals recommended by the association	34
of hospitals and health systems;	35

(G) One member, who shall be appointed by the governor from a	36
list of at least three individuals recommended by the Ohio state	37
medical association;	38

(H) One member, who shall be appointed by the governor from a	39
list of at least three individuals recommended by the association	40
of Ohio health commissioners;	41

(I) One member, who shall be appointed by the governor from a	42
list of at least three individuals recommended by the Ohio dental	43
association;	44

(J) One nonvoting member, who shall be a member of the house	45
of representatives of the political party of which the speaker of	46
the house of representatives is a member and who shall be	47
appointed by the speaker;	48

(K) One nonvoting member, who shall be a member of the house	49
of representatives of the major political party of which the	50
speaker of the house of representatives is not a member and who	51
shall be appointed by the speaker;	52

(L) One nonvoting member, who shall be a member of the senate	53
of the political party of which the president of the senate is a	54
member and who shall be appointed by the president;	55

(M) One nonvoting member, who shall be a member of the senate	56
of the major political party of which the president of the senate	57
is not a member and who shall be appointed by the president;	58

(N) The director of health, the executive director of the	59
commission on minority health, or the executive director's	60
designee, and the attorney general, who shall serve as ex officio	61
members.	62

The appointments of the governor shall be with the advice and	63
consent of the senate.	64

Terms of office for the non-legislative members appointed by	65
the governor, president, speaker, and minority leaders shall be	66
for five years. The terms of legislative members shall be for the	67
biennial session of the general assembly in which they are	68
appointed. Each member shall hold office from the date of	69
appointment until the end of the term for which the member was	70
appointed. Any member appointed to fill a vacancy occurring prior	71
to the expiration of the term for which the member's predecessor	72
was appointed shall hold office for the remainder of that term.	73
Any member shall continue in office subsequent to the expiration	74
date of the member's term until the member's successor takes	75
office, or until a period of sixty days has elapsed, whichever	76
occurs first. A vacancy in an unexpired term shall be filled in	77
the same manner as the original appointment. The governor may	78
remove any non-legislative member for malfeasance, misfeasance, or	79
nonfeasance after a hearing in accordance with Chapter 119. of the	80
Revised Code.	81

The members of the board shall serve without compensation but	82
shall receive their reasonable and necessary expenses incurred in	83
the conduct of foundation business.	84

Sections 101.82 to 101.87 of the Revised Code do not apply to	85
the foundation.	86

Sec. 183.18.  Ohio's public health priorities trust fund is	87
hereby created in the state treasury. Money credited to the fund	88
shall be used for the following purposes:	89

(A) Minority health programs, on which not less than	90
twenty-five per cent of the annual appropriations from the trust	91
fund shall be expended;	92

(B) Enforcing section 2927.02 of the Revised Code;

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(C) Alcohol and drug abuse treatment and prevention programs,	94
including programs for adult and juvenile offenders in state	95
institutions and aftercare programs;	96

(D) A non-entitlement program funded through the department	97
of health to provide emergency assistance consisting of	98
medication, oxygen, or both to seniors whose health has been	99
adversely affected by tobacco use and whose income does not exceed	100
one hundred per cent of the federal poverty guidelines, on which	101
five per cent of the annual appropriations from the trust fund	102
shall be expended. However, if federal funding becomes available	103
for this purpose, the department shall utilize the federal funding	104
and the appropriations from the trust fund shall be used for the	105
other purposes authorized by this section. If the federal program	106
requires seniors described by this division to pay a premium or	107
copayment to obtain medication or oxygen, the director of health	108
shall recommend to the general assembly whether this division's	109
set-aside of five per cent of the appropriations from the trust	110
fund should be used to pay such premiums or copayments. As used in	111
this division, "federal poverty guidelines" has the same meaning	112
as in section 5101.46 of the Revised Code.	113

(E) Partial reimbursement, on a county basis, of hospitals,	114
free medical clinics, and similar organizations or programs that	115
provide free, uncompensated care to the general public, and of	116
counties that pay private entities to provide such care using	117
revenue from a property tax levied at least in part for that	118
purpose.	119

All investment earnings of the fund shall be credited to the	120
fund.	121

Section 2. That existing sections 183.04 and 183.18 of the	122
Revised Code are hereby repealed.	123

Section 3.  All items in Sections 4 to 13 of this act are	124
hereby appropriated as designated out of any moneys in the state	125
treasury to the credit of the designated fund that are not	126
otherwise appropriated. For all appropriations made in this	127
section, those in the first column are for fiscal year 2005 and	128
those in the second column are for fiscal year 2006.	129

Section 4. ADA DEPARTMENT OF ALCOHOL AND DRUG ADDICTION	130
SERVICES	131

Section 5. AGO ATTORNEY GENERAL

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Tobacco Master Settlement Agreement Fund Group

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Section 6. DEV DEPARTMENT OF DEVELOPMENT

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Tobacco Master Settlement Agreement Fund Group

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Section 7. DOH DEPARTMENT OF HEALTH

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Tobacco Master Settlement Agreement Fund Group

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Section 8. MIH COMMISSION ON MINORITY HEALTH

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Section 9. DHS DEPARTMENT OF PUBLIC SAFETY

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Section 10. NET SCHOOLNET COMMISSION

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Tobacco Master Settlement Agreement Fund Group

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Section 11. SOA SOUTHERN OHIO AGRICULTURAL AND COMMUNITY	187
DEVELOPMENT FOUNDATION	188

Tobacco Master Settlement Agreement Fund Group

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Section 12. TAX DEPARTMENT OF TAXATION

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Section 13. TUP TOBACCO USE PREVENTION AND CONTROL FOUNDATION

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Section 14.  All items set forth in this section are hereby	210
appropriated out of any moneys in the state treasury to the credit	211
of the Education Facilities Trust Fund (Fund N87) that are not	212
otherwise appropriated.	213

Appropriations

SFC SCHOOL FACILITIES COMMISSION

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Section 14.01.  Section 14 of this act shall remain in full	219
force and effect commencing on July 1, 2004, and terminating on	220
June 30, 2006, for the purpose of drawing money from the state	221
treasury in payment of liabilities lawfully incurred thereunder,	222
and on June 30, 2006, and not before, the moneys appropriated	223
thereby shall lapse into the funds from which they are severally	224
appropriated.	225

The appropriations made in Section 14 of this act are subject	226
to all provisions of the capital appropriations act governing the	227
2004-2006 biennium that are generally applicable to such	228
appropriations. Expenditures from appropriations contained in	229
Section 14 shall be accounted for as though made in the capital	230
appropriations act governing the 2004-2006 biennium.	231

Section 15.  PERSONAL SERVICE EXPENSES

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Unless otherwise prohibited by law, each appropriation in	233
this act from which personal service expenses are paid shall bear	234
the employer's share of public employees' retirement, workers'	235
compensation, disabled workers' relief, and all group insurance	236
programs; the costs of centralized accounting, centralized payroll	237
processing, and related personnel reports and services; the cost	238
of the Office of Collective Bargaining; the cost of the Personnel	239
Board of Review; the cost of the Employee Assistance Program; the	240
cost of the Equal Opportunity Center; the costs of interagency	241
information management infrastructure; and the cost of	242
administering the state employee merit system as required by	243
section 124.07 of the Revised Code. Such costs shall be determined	244
in conformity with appropriate sections of law and paid in	245
accordance with procedures specified by the Office of Budget and	246
Management.	247

Section 16. REISSUANCE OF VOIDED WARRANTS

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In order to provide funds for the reissuance of voided	249
warrants pursuant to section 117.47 of the Revised Code, there is	250
appropriated, out of moneys in the state treasury from the fund	251
credited as provided in section 117.47 of the Revised Code, that	252
amount sufficient to pay such warrants when approved by the Office	253
of Budget and Management.	254

Section 17. REAPPROPRIATION OF UNEXPENDED ENCUMBERED BALANCES	255
OF OPERATING APPROPRIATIONS	256

An unexpended balance of an operating appropriation or	257
reappropriation that a state agency lawfully encumbered prior to	258
the close of a fiscal year is reappropriated on the first day of	259
July of the following fiscal year from the fund from which it was	260
originally appropriated or reappropriated for the following period	261
and shall remain available only for the purpose of discharging the	262
encumbrance.	263

(A) For an encumbrance for personal services, maintenance,	264
equipment, or items for resale, other than an encumbrance for an	265
item of special order manufacture not available on term contract	266
or in the open market or for reclamation of land or oil and gas	267
wells, for a period of not more than five months from the end of	268
the fiscal year;	269

(B) For an encumbrance for an item of special order	270
manufacture not available on term contract or in the open market,	271
for a period of not more than five months from the end of the	272
fiscal year or, with the written approval of the Director of	273
Budget and Management, for a period of not more than twelve months	274
from the end of the fiscal year;	275

(C) For an encumbrance for reclamation of land or oil and gas	276
wells, for a period ending when the encumbered appropriation is	277
expended or for a period of two years, whichever is less;	278

(D) For an encumbrance for any other expense, for such period	279
as the Director of Budget and Management approves, provided such	280
period does not exceed two years.	281

Any operating appropriations for which unexpended balances	282
are reappropriated beyond a five-month period from the end of the	283
fiscal year pursuant to division (B) of this section shall be	284
reported to the Controlling Board by the Director of Budget and	285
Management by the thirty-first day of December of each year. The	286
report on each such item shall include the item, the cost of the	287
item, and the name of the vendor. This report to the Controlling	288
Board shall be updated on a quarterly basis for encumbrances	289
remaining open.	290

Upon the expiration of the reappropriation period set out in	291
division (A), (B), (C), or (D) of this section, a reappropriation	292
made pursuant to this section lapses, and the Director of Budget	293
and Management shall cancel the encumbrance of the unexpended	294
reappropriation not later than the end of the weekend following	295
the expiration of the reappropriation period.	296

Notwithstanding the preceding paragraph, with the approval of	297
the Director of Budget and Management, an unexpended balance of an	298
encumbrance that was reappropriated on the first day of July	299
pursuant to this section for a period specified in division (C) or	300
(D) of this section and that remains encumbered at the close of	301
the fiscal biennium is hereby reappropriated pursuant to this	302
section on the first day of July of the following fiscal biennium	303
from the fund from which it was originally appropriated or	304
reappropriated for the applicable period specified in division (C)	305
or (D) of this section and shall remain available only for the	306
purpose of discharging the encumbrance.	307

If the Controlling Board approved a purchase, that approval	308
remains in effect as long as the appropriation used to make that	309
purchase remains encumbered.	310

Section 18.  Except as otherwise specifically provided in	311
this act, the codified and uncodified sections of law contained in	312
this act, and the items of law of which the codified and	313
uncodified sections of law contained in this act are composed, are	314
subject to the referendum. Therefore, under Ohio Constitution,	315
Article II, Section 1c and section 1.471 of the Revised Code, the	316
codified and uncodified sections of law contained in this act, and	317
the items of law of which the codified and uncodified sections of	318
law contained in this act are composed, take effect on the	319
ninety-first day after this act is filed with the Secretary of	320
State. If, however, a referendum petition is filed against any	321
such codified or uncodified section of law contained in this act,	322
or against any item of law of which any such codified or	323
uncodified section of law contained in this act is composed, the	324
codified or uncodified section of law, or item of law, unless	325
rejected at the referendum, takes effect at the earliest time	326
permitted by law.	327

Section 19. If any item of law that constitutes the whole or	328
part of a codified or uncodified section of law contained in this	329
act, or if any application of any item of law that constitutes the	330
whole or part of a codified or uncodified section of law contained	331
in this act, is held invalid, the invalidity does not affect other	332
items of law or applications of items of law that can be given	333
effect without the invalid item of law or application. To this	334
end, the items of law of which the codified and uncodified	335
sections of law contained in this act are composed, and their	336
applications, are independent and severable.	337