REPRESENTATIVES Calvert, Allen, Barrett, Beatty, D. Evans, Flowers, Hartnett, Hughes, Miller, T. Patton, Schneider, J. Stewart, Strahorn, Aslanides, Chandler, Collier, C. Evans, Otterman, Peterson, Schlichter, Setzer

To amend sections 183.04 and 183.18 and to enact

1

sections 3313.717 and 3314.16 of the Revised Code

2

to provide for the distribution of money received

3

by the state pursuant to the Tobacco Master

4

Settlement Agreement by making operating and

5

capital appropriations for the biennium beginning

6

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

7

provide authorization and conditions for the

8

operation of state programs.

9

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

Section 1. That sections 183.04 and 183.18 be amended and	10
sections 3313.717 and 3314.16 of the Revised Code be enacted to	11
read as follows:	12

Sec. 183.04.  There is hereby created the tobacco use	13
prevention and control foundation, the general management of which	14
is vested in a board of trustees of twenty-four members as	15
follows:	16

(A) Eight members who are health professionals, health	17
researchers, or representatives of health organizations. Two of	18
these members shall be appointed by the governor, two by the	19
speaker of the house of representatives, one by the minority	20
leader of the house of representatives, two by the president of	21
the senate, and one by the minority leader of the senate.	22

(B) Two members, one of whom has experience in financial	23
planning and accounting and one of whom has experience in media	24
and mass marketing, who shall be appointed by the governor;	25

(C) One member, who shall be appointed by the governor from a	26
list of at least three individuals recommended by the American	27
cancer society;	28

(D) One member, who shall be appointed by the governor from a	29
list of at least three individuals recommended by the American	30
heart association;	31

(E) One member, who shall be appointed by the governor from a	32
list of at least three individuals recommended by the American	33
lung association;	34

(F) One member, who shall be appointed by the governor from a	35
list of at least three individuals recommended by the association	36
of hospitals and health systems;	37

(G) One member, who shall be appointed by the governor from a	38
list of at least three individuals recommended by the Ohio state	39
medical association;	40

(H) One member, who shall be appointed by the governor from a	41
list of at least three individuals recommended by the association	42
of Ohio health commissioners;	43

(I) One member, who shall be appointed by the governor from a	44
list of at least three individuals recommended by the Ohio dental	45
association;	46

(J) One nonvoting member, who shall be a member of the house	47
of representatives of the political party of which the speaker of	48
the house of representatives is a member and who shall be	49
appointed by the speaker;	50

(K) One nonvoting member, who shall be a member of the house	51
of representatives of the major political party of which the	52
speaker of the house of representatives is not a member and who	53
shall be appointed by the speaker;	54

(L) One nonvoting member, who shall be a member of the senate	55
of the political party of which the president of the senate is a	56
member and who shall be appointed by the president;	57

(M) One nonvoting member, who shall be a member of the senate	58
of the major political party of which the president of the senate	59
is not a member and who shall be appointed by the president;	60

(N) The director of health, the executive director of the	61
commission on minority health, or the executive director's	62
designee, and the attorney general, who shall serve as ex officio	63
members.	64

The appointments of the governor shall be with the advice and	65
consent of the senate.	66

Terms of office for the non-legislative members appointed by	67
the governor, president, speaker, and minority leaders shall be	68
for five years. The terms of legislative members shall be for the	69
biennial session of the general assembly in which they are	70
appointed. Each member shall hold office from the date of	71
appointment until the end of the term for which the member was	72
appointed. Any member appointed to fill a vacancy occurring prior	73
to the expiration of the term for which the member's predecessor	74
was appointed shall hold office for the remainder of that term.	75
Any member shall continue in office subsequent to the expiration	76
date of the member's term until the member's successor takes	77
office, or until a period of sixty days has elapsed, whichever	78
occurs first. A vacancy in an unexpired term shall be filled in	79
the same manner as the original appointment. The governor may	80
remove any non-legislative member for malfeasance, misfeasance, or	81
nonfeasance after a hearing in accordance with Chapter 119. of the	82
Revised Code.	83

The members of the board shall serve without compensation but	84
shall receive their reasonable and necessary expenses incurred in	85
the conduct of foundation business.	86

Sections 101.82 to 101.87 of the Revised Code do not apply to	87
the foundation.	88

Sec. 183.18.  Ohio's public health priorities trust fund is	89
hereby created in the state treasury. Money credited to the fund	90
shall be used for the following purposes:	91

(A) Minority health programs, on which not less than	92
twenty-five per cent of the annual appropriations from the trust	93
fund shall be expended;	94

(B) Enforcing section 2927.02 of the Revised Code;

95

(C) Alcohol and drug abuse treatment and prevention programs,	96
including programs for adult and juvenile offenders in state	97
institutions and aftercare programs;	98

(D) A non-entitlement program funded through the department	99
of health to provide emergency assistance consisting of	100
medication, oxygen, or both to seniors whose health has been	101
adversely affected by tobacco use and whose income does not exceed	102
one hundred per cent of the federal poverty guidelines, on which	103
five per cent of the annual appropriations from the trust fund	104
shall be expended. However, if federal funding becomes available	105
for this purpose, the department shall utilize the federal funding	106
and the appropriations from the trust fund shall be used for the	107
other purposes authorized by this section. If the federal program	108
requires seniors described by this division to pay a premium or	109
copayment to obtain medication or oxygen, the director of health	110
shall recommend to the general assembly whether this division's	111
set-aside of five per cent of the appropriations from the trust	112
fund should be used to pay such premiums or copayments. As used in	113
this division, "federal poverty guidelines" has the same meaning	114
as in section 5101.46 of the Revised Code.	115

(E) Partial reimbursement, on a county basis, of hospitals,	116
free medical clinics, and similar organizations or programs that	117
provide free, uncompensated care to the general public, and of	118
counties that pay private entities to provide such care using	119
revenue from a property tax levied at least in part for that	120
purpose.	121

All investment earnings of the fund shall be credited to the	122
fund.	123

Sec. 3313.717.  (A) As used in this section, "automated	124
external defibrillator" means a specialized defibrillator that is	125
approved for use as a medical device by the United States food and	126
drug administration for performing automated external	127
defibrillation, as defined in section 2305.235 of the Revised	128
Code.	129

(B) The board of education of each school district and the	130
administrative authority of each chartered nonpublic school may	131
require the placement of an automated external defibrillator in	132
each school under the control of the board or authority. If a	133
board or authority requires the placement of an automated external	134
defibrillator as provided in this section, the board or authority	135
also shall require that a sufficient number of the staff persons	136
assigned to each school under the control of the board or	137
authority successfully complete an appropriate training course in	138
the use of an automated external defibrillator as described in	139
section 3701.85 of the Revised Code.	140

(C) In regard to the use of an automated external	141
defibrillator that is placed in a school as specified in this	142
section, and except in the case of willful or wanton misconduct or	143
when there is no good faith attempt to activate an emergency	144
medical services system in accordance with section 3701.85 of the	145
Revised Code, no person shall be held liable in civil damages for	146
injury, death, or loss to person or property, or held criminally	147
liable, for performing automated external defibrillation in good	148
faith, regardless of whether the person has obtained appropriate	149
training on how to perform automated external defibrillation or	150
successfully completed a course in cardiopulmonary resuscitation.	151

Sec. 3314.16. (A)(1) As used in this section, "automated	152
external defibrillator" means a specialized defibrillator that is	153
approved for use as a medical device by the United States food and	154
drug administration for performing automated external	155
defibrillation, as defined in section 2305.235 of the Revised	156
Code.	157

(2) This section does not apply to an internet- or	158
computer-based community school.	159

(B) The governing board of a community school established	160
under this chapter may require the placement of an automated	161
external defibrillator in each school under the control of the	162
governing authority. If a governing authority requires the	163
placement of an automated external defibrillator as provided in	164
this section, the governing authority also shall require that a	165
sufficient number of the staff persons assigned to each school	166
under the control of the governing authority successfully complete	167
an appropriate training course in the use of an automated external	168
defibrillator as described in section 3701.85 of the Revised Code.	169

(C) In regard to the use of an automated external	170
defibrillator that is placed in a community school as specified in	171
this section, and except in the case of willful or wanton	172
misconduct or when there is no good faith attempt to activate an	173
emergency medical services system in accordance with section	174
3701.85 of the Revised Code, no person shall be held liable in	175
civil damages for injury, death, or loss to person or property, or	176
held criminally liable, for performing automated external	177
defibrillation in good faith, regardless of whether the person has	178
obtained appropriate training on how to perform automated external	179
defibrillation or successfully completed a course in	180
cardiopulmonary resuscitation.	181

Section 2. That existing sections 183.04 and 183.18 of the	182
Revised Code are hereby repealed.	183

Section 3.  All items in Sections 4 to 13 of this act are	184
hereby appropriated as designated out of any moneys in the state	185
treasury to the credit of the designated fund that are not	186
otherwise appropriated. For all appropriations made in this	187
section, those in the first column are for fiscal year 2005 and	188
those in the second column are for fiscal year 2006.	189

Section 4. ADA DEPARTMENT OF ALCOHOL AND DRUG ADDICTION	190
SERVICES	191

Section 5. AGO ATTORNEY GENERAL

198

Tobacco Master Settlement Agreement Fund Group

199

Section 6. DEV DEPARTMENT OF DEVELOPMENT

205

Tobacco Master Settlement Agreement Fund Group

206

Section 7. DOH DEPARTMENT OF HEALTH

211

Tobacco Master Settlement Agreement Fund Group

212

AUTOMATED EXTERNAL DEFIBRILLATORS

225

The foregoing appropriation item 440-428, Automated External	226
Defibrillators, shall be used by the Department of Health for the	227
acquisition and placement of automated external defibrillators in	228
Ohio primary and secondary schools.	229

The Department of Health shall select one nonprofit	230
organization through a request for proposal process to receive	231
grants for the placement of automated external defibrillators in	232
primary and secondary schools. The request for proposal process	233
used shall be in accordance with rule 123:5-1-08 of the	234
Administrative Code. The grant recipient shall not charge any	235
school for the equipment costs associated with the initial	236
placement of an automated external defibrillator. The purpose of	237
the nonprofit organization selected shall include some type of	238
public health advocacy or activities.	239

Section 8. MIH COMMISSION ON MINORITY HEALTH

240

Section 9. DHS DEPARTMENT OF PUBLIC SAFETY

248

Section 10. NET SCHOOLNET COMMISSION

254

Tobacco Master Settlement Agreement Fund Group

255

SCHOOLNET PLUS

261

The Ohio SchoolNet Commission shall distribute SchoolNet Plus	262
Grants to qualifying school districts in fiscal year 2005 to	263
establish and equip at least one interactive computer workstation	264
for each five students enrolled in the seventh grade as reported	265
by school districts pursuant to division (A) of section 3317.03 of	266
the Revised Code.	267

Upon completion of the SchoolNet Plus Grant Program for the	268
seventh grade, the Ohio SchoolNet Commission shall distribute	269
SchoolNet Plus Grants to qualifying school districts in fiscal	270
year 2006 to establish and equip at least one interactive computer	271
workstation for each five children enrolled in the eighth grade as	272
reported by school districts pursuant to division (A) of section	273
3317.03 of the Revised Code.	274

Districts in the first two quartiles of wealth shall receive	275
up to $275 per pupil for students in the targeted grade to	276
purchase classroom computers. Districts in the third and fourth	277
quartiles shall receive up to $105 per pupil in the targeted	278
grade. If a district has met the state's goal of one computer to	279
every five students in the targeted grade, the district may use	280
the funds provided through SchoolNet Plus to purchase computers	281
for successive grades or to fulfill educational technology needs	282
in other grades as specified in the district's technology plan.	283

Section 11. SOA SOUTHERN OHIO AGRICULTURAL AND COMMUNITY	284
DEVELOPMENT FOUNDATION	285

Tobacco Master Settlement Agreement Fund Group

286

Section 12. TAX DEPARTMENT OF TAXATION

294

Section 13. TUP TOBACCO USE PREVENTION AND CONTROL FOUNDATION

300

Section 14.  All items set forth in this section are hereby	307
appropriated out of any moneys in the state treasury to the credit	308
of the Education Facilities Trust Fund (Fund N87) that are not	309
otherwise appropriated.	310

Appropriations

SFC SCHOOL FACILITIES COMMISSION

311

Section 14.01.  Section 14 of this act shall remain in full	316
force and effect commencing on July 1, 2004, and terminating on	317
June 30, 2006, for the purpose of drawing money from the state	318
treasury in payment of liabilities lawfully incurred thereunder,	319
and on June 30, 2006, and not before, the moneys appropriated	320
thereby shall lapse into the funds from which they are severally	321
appropriated.	322

The appropriations made in Section 14 of this act are subject	323
to all provisions of the capital appropriations act governing the	324
2004-2006 biennium that are generally applicable to such	325
appropriations. Expenditures from appropriations contained in	326
Section 14 shall be accounted for as though made in the capital	327
appropriations act governing the 2004-2006 biennium.	328

Section 15.  PERSONAL SERVICE EXPENSES

329

Unless otherwise prohibited by law, each appropriation in	330
this act from which personal service expenses are paid shall bear	331
the employer's share of public employees' retirement, workers'	332
compensation, disabled workers' relief, and all group insurance	333
programs; the costs of centralized accounting, centralized payroll	334
processing, and related personnel reports and services; the cost	335
of the Office of Collective Bargaining; the cost of the Personnel	336
Board of Review; the cost of the Employee Assistance Program; the	337
cost of the Equal Opportunity Center; the costs of interagency	338
information management infrastructure; and the cost of	339
administering the state employee merit system as required by	340
section 124.07 of the Revised Code. Such costs shall be determined	341
in conformity with appropriate sections of law and paid in	342
accordance with procedures specified by the Office of Budget and	343
Management.	344

Section 16. REISSUANCE OF VOIDED WARRANTS

345

In order to provide funds for the reissuance of voided	346
warrants pursuant to section 117.47 of the Revised Code, there is	347
appropriated, out of moneys in the state treasury from the fund	348
credited as provided in section 117.47 of the Revised Code, that	349
amount sufficient to pay such warrants when approved by the Office	350
of Budget and Management.	351

Section 17. REAPPROPRIATION OF UNEXPENDED ENCUMBERED BALANCES	352
OF OPERATING APPROPRIATIONS	353

An unexpended balance of an operating appropriation or	354
reappropriation that a state agency lawfully encumbered prior to	355
the close of a fiscal year is reappropriated on the first day of	356
July of the following fiscal year from the fund from which it was	357
originally appropriated or reappropriated for the following period	358
and shall remain available only for the purpose of discharging the	359
encumbrance.	360

(A) For an encumbrance for personal services, maintenance,	361
equipment, or items for resale, other than an encumbrance for an	362
item of special order manufacture not available on term contract	363
or in the open market or for reclamation of land or oil and gas	364
wells, for a period of not more than five months from the end of	365
the fiscal year;	366

(B) For an encumbrance for an item of special order	367
manufacture not available on term contract or in the open market,	368
for a period of not more than five months from the end of the	369
fiscal year or, with the written approval of the Director of	370
Budget and Management, for a period of not more than twelve months	371
from the end of the fiscal year;	372

(C) For an encumbrance for reclamation of land or oil and gas	373
wells, for a period ending when the encumbered appropriation is	374
expended or for a period of two years, whichever is less;	375

(D) For an encumbrance for any other expense, for such period	376
as the Director of Budget and Management approves, provided such	377
period does not exceed two years.	378

Any operating appropriations for which unexpended balances	379
are reappropriated beyond a five-month period from the end of the	380
fiscal year pursuant to division (B) of this section shall be	381
reported to the Controlling Board by the Director of Budget and	382
Management by the thirty-first day of December of each year. The	383
report on each such item shall include the item, the cost of the	384
item, and the name of the vendor. This report to the Controlling	385
Board shall be updated on a quarterly basis for encumbrances	386
remaining open.	387

Upon the expiration of the reappropriation period set out in	388
division (A), (B), (C), or (D) of this section, a reappropriation	389
made pursuant to this section lapses, and the Director of Budget	390
and Management shall cancel the encumbrance of the unexpended	391
reappropriation not later than the end of the weekend following	392
the expiration of the reappropriation period.	393

Notwithstanding the preceding paragraph, with the approval of	394
the Director of Budget and Management, an unexpended balance of an	395
encumbrance that was reappropriated on the first day of July	396
pursuant to this section for a period specified in division (C) or	397
(D) of this section and that remains encumbered at the close of	398
the fiscal biennium is hereby reappropriated pursuant to this	399
section on the first day of July of the following fiscal biennium	400
from the fund from which it was originally appropriated or	401
reappropriated for the applicable period specified in division (C)	402
or (D) of this section and shall remain available only for the	403
purpose of discharging the encumbrance.	404

If the Controlling Board approved a purchase, that approval	405
remains in effect as long as the appropriation used to make that	406
purchase remains encumbered.	407

Section 18.  Except as otherwise specifically provided in	408
this act, the codified and uncodified sections of law contained in	409
this act, and the items of law of which the codified and	410
uncodified sections of law contained in this act are composed, are	411
subject to the referendum. Therefore, under Ohio Constitution,	412
Article II, Section 1c and section 1.471 of the Revised Code, the	413
codified and uncodified sections of law contained in this act, and	414
the items of law of which the codified and uncodified sections of	415
law contained in this act are composed, take effect on the	416
ninety-first day after this act is filed with the Secretary of	417
State. If, however, a referendum petition is filed against any	418
such codified or uncodified section of law contained in this act,	419
or against any item of law of which any such codified or	420
uncodified section of law contained in this act is composed, the	421
codified or uncodified section of law, or item of law, unless	422
rejected at the referendum, takes effect at the earliest time	423
permitted by law.	424

Section 19. If any item of law that constitutes the whole or	425
part of a codified or uncodified section of law contained in this	426
act, or if any application of any item of law that constitutes the	427
whole or part of a codified or uncodified section of law contained	428
in this act, is held invalid, the invalidity does not affect other	429
items of law or applications of items of law that can be given	430
effect without the invalid item of law or application. To this	431
end, the items of law of which the codified and uncodified	432
sections of law contained in this act are composed, and their	433
applications, are independent and severable.	434