SENATORS Harris, Miller, Zurz

To amend sections 183.04 and 183.18 and to enact

1

sections 3313.717 and 3314.16 of the Revised Code

2

and to amend Section 3 of Sub. H.B. 262 of the

3

125th General Assembly, to amend Sections 41 and

4

41.09 of Am. Sub. H.B. 95 of the 125th General

5

Assembly, to amend Section 41.13 of Am. Sub. H.B.

6

95 of the 125th General Assembly, as subsequently

7

amended, and to amend Section 99 of Am. Sub. H.B.

8

95 of the 125th General Assembly, as amended by

9

Sub. H.B. 262 of the 125th General Assembly, to

10

provide for the distribution of money received by

11

the state pursuant to the Tobacco Master

12

Settlement Agreement by making operating and

13

capital appropriations for the biennium beginning

14

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

15

provide authorization and conditions for the

16

operation of state programs.

17

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

Section 1. That sections 183.04 and 183.18 be amended and	18
sections 3313.717 and 3314.16 of the Revised Code be enacted to	19
read as follows:	20

Sec. 183.04.  There is hereby created the tobacco use	21
prevention and control foundation, the general management of which	22
is vested in a board of trustees of twenty-four members as	23
follows:	24

(A) Eight members who are health professionals, health	25
researchers, or representatives of health organizations. Two of	26
these members shall be appointed by the governor, two by the	27
speaker of the house of representatives, one by the minority	28
leader of the house of representatives, two by the president of	29
the senate, and one by the minority leader of the senate.	30

(B) Two members, one of whom has experience in financial	31
planning and accounting and one of whom has experience in media	32
and mass marketing, who shall be appointed by the governor;	33

(C) One member, who shall be appointed by the governor from a	34
list of at least three individuals recommended by the American	35
cancer society;	36

(D) One member, who shall be appointed by the governor from a	37
list of at least three individuals recommended by the American	38
heart association;	39

(E) One member, who shall be appointed by the governor from a	40
list of at least three individuals recommended by the American	41
lung association;	42

(F) One member, who shall be appointed by the governor from a	43
list of at least three individuals recommended by the association	44
of hospitals and health systems;	45

(G) One member, who shall be appointed by the governor from a	46
list of at least three individuals recommended by the Ohio state	47
medical association;	48

(H) One member, who shall be appointed by the governor from a	49
list of at least three individuals recommended by the association	50
of Ohio health commissioners;	51

(I) One member, who shall be appointed by the governor from a	52
list of at least three individuals recommended by the Ohio dental	53
association;	54

(J) One nonvoting member, who shall be a member of the house	55
of representatives of the political party of which the speaker of	56
the house of representatives is a member and who shall be	57
appointed by the speaker;	58

(K) One nonvoting member, who shall be a member of the house	59
of representatives of the major political party of which the	60
speaker of the house of representatives is not a member and who	61
shall be appointed by the speaker;	62

(L) One nonvoting member, who shall be a member of the senate	63
of the political party of which the president of the senate is a	64
member and who shall be appointed by the president;	65

(M) One nonvoting member, who shall be a member of the senate	66
of the major political party of which the president of the senate	67
is not a member and who shall be appointed by the president;	68

(N) The director of health, the executive director of the	69
commission on minority health, or the executive director's	70
designee, and the attorney general, who shall serve as ex officio	71
members.	72

The appointments of the governor shall be with the advice and	73
consent of the senate.	74

Terms of office for the non-legislative members appointed by	75
the governor, president, speaker, and minority leaders shall be	76
for five years. The terms of legislative members shall be for the	77
biennial session of the general assembly in which they are	78
appointed. Each member shall hold office from the date of	79
appointment until the end of the term for which the member was	80
appointed. Any member appointed to fill a vacancy occurring prior	81
to the expiration of the term for which the member's predecessor	82
was appointed shall hold office for the remainder of that term.	83
Any member shall continue in office subsequent to the expiration	84
date of the member's term until the member's successor takes	85
office, or until a period of sixty days has elapsed, whichever	86
occurs first. A vacancy in an unexpired term shall be filled in	87
the same manner as the original appointment. The governor may	88
remove any non-legislative member for malfeasance, misfeasance, or	89
nonfeasance after a hearing in accordance with Chapter 119. of the	90
Revised Code.	91

The members of the board shall serve without compensation but	92
shall receive their reasonable and necessary expenses incurred in	93
the conduct of foundation business.	94

Sections 101.82 to 101.87 of the Revised Code do not apply to	95
the foundation.	96

Sec. 183.18.  Ohio's public health priorities trust fund is	97
hereby created in the state treasury. Money credited to the fund	98
shall be used for the following purposes:	99

(A) Minority health programs, on which not less than	100
twenty-five per cent of the annual appropriations from the trust	101
fund shall be expended;	102

(B) Enforcing section 2927.02 of the Revised Code;

103

(C) Alcohol and drug abuse treatment and prevention programs,	104
including programs for adult and juvenile offenders in state	105
institutions and aftercare programs;	106

(D) A non-entitlement program funded through the department	107
of health to provide emergency assistance consisting of	108
medication, oxygen, or both to seniors whose health has been	109
adversely affected by tobacco use and whose income does not exceed	110
one hundred per cent of the federal poverty guidelines, on which	111
five per cent of the annual appropriations from the trust fund	112
shall be expended. However, if federal funding becomes available	113
for this purpose, the department shall utilize the federal funding	114
and the appropriations from the trust fund shall be used for the	115
other purposes authorized by this section. If the federal program	116
requires seniors described by this division to pay a premium or	117
copayment to obtain medication or oxygen, the director of health	118
shall recommend to the general assembly whether this division's	119
set-aside of five per cent of the appropriations from the trust	120
fund should be used to pay such premiums or copayments. As used in	121
this division, "federal poverty guidelines" has the same meaning	122
as in section 5101.46 of the Revised Code.	123

(E) Partial reimbursement, on a county basis, of hospitals,	124
free medical clinics, and similar organizations or programs that	125
provide free, uncompensated care to the general public, and of	126
counties that pay private entities to provide such care using	127
revenue from a property tax levied at least in part for that	128
purpose.	129

All investment earnings of the fund shall be credited to the	130
fund.	131

Sec. 3313.717.  (A) As used in this section, "automated	132
external defibrillator" means a specialized defibrillator that is	133
approved for use as a medical device by the United States food and	134
drug administration for performing automated external	135
defibrillation, as defined in section 2305.235 of the Revised	136
Code.	137

(B) The board of education of each school district and the	138
administrative authority of each chartered nonpublic school may	139
require the placement of an automated external defibrillator in	140
each school under the control of the board or authority. If a	141
board or authority requires the placement of an automated external	142
defibrillator as provided in this section, the board or authority	143
also shall require that a sufficient number of the staff persons	144
assigned to each school under the control of the board or	145
authority successfully complete an appropriate training course in	146
the use of an automated external defibrillator as described in	147
section 3701.85 of the Revised Code.	148

(C) In regard to the use of an automated external	149
defibrillator that is placed in a school as specified in this	150
section, and except in the case of willful or wanton misconduct or	151
when there is no good faith attempt to activate an emergency	152
medical services system in accordance with section 3701.85 of the	153
Revised Code, no person shall be held liable in civil damages for	154
injury, death, or loss to person or property, or held criminally	155
liable, for performing automated external defibrillation in good	156
faith, regardless of whether the person has obtained appropriate	157
training on how to perform automated external defibrillation or	158
successfully completed a course in cardiopulmonary resuscitation.	159

Sec. 3314.16. (A)(1) As used in this section, "automated	160
external defibrillator" means a specialized defibrillator that is	161
approved for use as a medical device by the United States food and	162
drug administration for performing automated external	163
defibrillation, as defined in section 2305.235 of the Revised	164
Code.	165

(2) This section does not apply to an internet- or	166
computer-based community school.	167

(B) The governing board of a community school established	168
under this chapter may require the placement of an automated	169
external defibrillator in each school under the control of the	170
governing authority. If a governing authority requires the	171
placement of an automated external defibrillator as provided in	172
this section, the governing authority also shall require that a	173
sufficient number of the staff persons assigned to each school	174
under the control of the governing authority successfully complete	175
an appropriate training course in the use of an automated external	176
defibrillator as described in section 3701.85 of the Revised Code.	177

(C) In regard to the use of an automated external	178
defibrillator that is placed in a community school as specified in	179
this section, and except in the case of willful or wanton	180
misconduct or when there is no good faith attempt to activate an	181
emergency medical services system in accordance with section	182
3701.85 of the Revised Code, no person shall be held liable in	183
civil damages for injury, death, or loss to person or property, or	184
held criminally liable, for performing automated external	185
defibrillation in good faith, regardless of whether the person has	186
obtained appropriate training on how to perform automated external	187
defibrillation or successfully completed a course in	188
cardiopulmonary resuscitation.	189

Section 2. That existing sections 183.04 and 183.18 of the	190
Revised Code are hereby repealed.	191

Section 3. That Sections 41 and 41.09 of Am. Sub. H.B. 95 of	192
the 125th General Assembly be amended to read as follows:	193

Sec. 41. EDU DEPARTMENT OF EDUCATION

194

General Revenue Fund

195

General Services Fund Group

243

Federal Special Revenue Fund Group

253

State Special Revenue Fund Group

281

Lottery Profits Education Fund Group

293

Revenue Distribution Fund Group

298

Sec. 41.09.  PUPIL TRANSPORTATION

304

Of the foregoing appropriation item 200-502, Pupil	305
Transportation, up to $822,400 in each fiscal year may be used by	306
the Department of Education for training prospective and	307
experienced school bus drivers in accordance with training	308
programs prescribed by the Department. Up to $65,232,683 in fiscal	309
year 2004 and up to $56,975,910 in each fiscal year 2005 may be	310
used by the Department of Education for special education	311
transportation reimbursements to school districts and county MR/DD	312
boards for transportation operating costs as provided in division	313
(M) of section 3317.024 of the Revised Code. The remainder of	314
appropriation item 200-502, Pupil Transportation, shall be used	315
for the state reimbursement of public school districts' costs in	316
transporting pupils to and from the school they attend in	317
accordance with the district's policy, State Board of Education	318
standards, and the Revised Code.	319

BUS PURCHASE ALLOWANCE

320

The foregoing appropriation item 200-503, Bus Purchase	321
Allowance, shall be distributed to school districts, educational	322
service centers, and county MR/DD boards pursuant to rules adopted	323
under section 3317.07 of the Revised Code. Up to 28 per cent of	324
the amount appropriated may be used to reimburse school districts	325
and educational service centers for the purchase of buses to	326
transport handicapped and nonpublic school students and to county	327
MR/DD boards, the Ohio School for the Deaf, and the Ohio School	328
for the Blind for the purchase of buses to transport handicapped	329
students.	330

SCHOOL LUNCH MATCH

331

The foregoing appropriation item 200-505, School Lunch Match,	332
shall be used to provide matching funds to obtain federal funds	333
for the school lunch program.	334

Section 4. That existing Sections 41 and 41.09 of Am. Sub.	335
H.B. 95 of the 125th General Assembly are hereby repealed.	336

Section 5. That Section 41.13 of Am. Sub. H.B. 95 of the	337
125th General Assembly, as amended by Am. Sub. S.B. 189 of the	338
125th General Assembly, be amended to read as follows:	339

Sec. 41.13. SPECIAL EDUCATION ENHANCEMENTS

340

Of the foregoing appropriation item 200-540, Special	341
Education Enhancements, up to $44,204,000 in fiscal year 2004 and	342
up to $45,441,712 in fiscal year 2005 shall be used to fund	343
special education and related services at county boards of mental	344
retardation and developmental disabilities for eligible students	345
under section 3317.20 of the Revised Code. Up to $2,452,125 shall	346
be used in each fiscal year to fund special education classroom	347
and related services units at institutions.	348

Of the foregoing appropriation item 200-540, Special	349
Education Enhancements, up to $2,906,875 in each fiscal year shall	350
be used for home instruction for children with disabilities; up to	351
$1,462,500 in each fiscal year shall be used for parent mentoring	352
programs; and up to $2,783,396 in each fiscal year may be used for	353
school psychology interns.	354

Of the foregoing appropriation item 200-540, Special	355
Education Enhancements, $3,406,090 in each fiscal year shall be	356
used by the Department of Education to assist school districts in	357
funding aides pursuant to paragraph (A)(3)(c)(i)(b) of rule	358
3301-51-04 of the Administrative Code.	359

OfThe remainder of the foregoing appropriation item 200-540,	360
Special Education Enhancements, after all other set asides in this	361
section, in fiscal year 2004 and $78,384,498 in each fiscal year	362
2005 shall be distributed by the Department of Education to county	363
boards of mental retardation and developmental disabilities,	364
educational service centers, and school districts for preschool	365
special education units and preschool supervisory units in	366
accordance with section 3317.161 of the Revised Code. The	367
Department may reimburse county boards of mental retardation and	368
developmental disabilities, educational service centers, and	369
school districts for related services as defined in rule	370
3301-51-11 of the Administrative Code, for preschool occupational	371
and physical therapy services provided by a physical therapy	372
assistant and certified occupational therapy assistant, and for an	373
instructional assistant. To the greatest extent possible, the	374
Department of Education shall allocate these units to school	375
districts and educational service centers. The Controlling Board	376
may approve the transfer of unallocated funds from appropriation	377
item 200-501, Base Cost Funding, to appropriation item 200-540,	378
Special Education Enhancements, to fully fund existing units as	379
necessary or to fully fund additional units. The Controlling Board	380
may approve the transfer of unallocated funds from appropriation	381
item 200-540, Special Education Enhancements, to appropriation	382
item 200-501, Base Cost Funding, to fully fund the special	383
education weight cost funding.	384

The Department of Education shall require school districts,	385
educational service centers, and county MR/DD boards serving	386
preschool children with disabilities to document child progress	387
using research-based indicators prescribed by the Department and	388
report results annually. The reporting dates and methodology shall	389
be determined by the Department.	390

Of the foregoing appropriation item 200-540, Special	391
Education Enhancements, $315,000 in each fiscal year shall be	392
expended to conduct a demonstration project involving language and	393
literacy intervention teams supporting student acquisition of	394
language and literacy skills. The demonstration project shall	395
demonstrate improvement of language and literacy skills of at-risk	396
learners under the instruction of certified speech pathologists	397
and educators. Baseline data shall be collected and comparison	398
data for fiscal year 2004 and fiscal year 2005 shall be collected	399
and reported to the Governor, OhioReads Council, Department of	400
Education, and the General Assembly.	401

Of the foregoing appropriation item 200-540, Special	402
Education Enhancements, up to $500,000 in each fiscal year shall	403
be used for the Research-Based Reading Mentoring Program.	404

Of the foregoing appropriation item 200-540, Special	405
Education Enhancements, $600,000 in each fiscal year shall be used	406
to support the Bellefaire Jewish Children's Bureau.	407

Section 6. That existing Section 41.13 of Am. Sub. H.B. 95 of	408
the 125th General Assembly, as amended by Am. Sub. S.B. 189 of the	409
125th General Assembly, is hereby repealed.	410

Section 7.  All items in Sections 8 to 17 of this act are	411
hereby appropriated as designated out of any moneys in the state	412
treasury to the credit of the designated fund that are not	413
otherwise appropriated. For all appropriations made in this	414
section, those in the first column are for fiscal year 2005 and	415
those in the second column are for fiscal year 2006.	416

Section 8. ADA DEPARTMENT OF ALCOHOL AND DRUG ADDICTION	417
SERVICES	418

Section 9. AGO ATTORNEY GENERAL

425

Tobacco Master Settlement Agreement Fund Group

426

Section 10. DEV DEPARTMENT OF DEVELOPMENT

432

Tobacco Master Settlement Agreement Fund Group

433

Section 11. DOH DEPARTMENT OF HEALTH

438

Tobacco Master Settlement Agreement Fund Group

439

AUTOMATED EXTERNAL DEFIBRILLATORS

452

The foregoing appropriation item 440-428, Automated External	453
Defibrillators, shall be used by the Department of Health for the	454
acquisition and placement of automated external defibrillators in	455
Ohio primary and secondary schools.	456

The Department of Health shall select one nonprofit	457
organization through a request for proposal process to receive	458
grants for the placement of automated external defibrillators in	459
primary and secondary schools. The request for proposal process	460
used shall be in accordance with rule 123:5-1-08 of the	461
Administrative Code. The grant recipient shall not charge any	462
school for the equipment costs associated with the initial	463
placement of an automated external defibrillator. The purpose of	464
the nonprofit organization selected shall include some type of	465
public health advocacy or activities.	466

Section 12. MIH COMMISSION ON MINORITY HEALTH

467

Section 13. DHS DEPARTMENT OF PUBLIC SAFETY

474

Section 14. NET SCHOOLNET COMMISSION

480

Tobacco Master Settlement Agreement Fund Group

481

SCHOOLNET PLUS

487

The Ohio SchoolNet Commission shall distribute SchoolNet Plus	488
Grants to qualifying school districts in fiscal year 2005 to	489
establish and equip at least one interactive computer workstation	490
for each five students enrolled in the seventh grade as reported	491
by school districts pursuant to division (A) of section 3317.03 of	492
the Revised Code.	493

Upon completion of the SchoolNet Plus Grant Program for the	494
seventh grade, the Ohio SchoolNet Commission shall distribute	495
SchoolNet Plus Grants to qualifying school districts in fiscal	496
year 2006 to establish and equip at least one interactive computer	497
workstation for each five children enrolled in the eighth grade as	498
reported by school districts pursuant to division (A) of section	499
3317.03 of the Revised Code.	500

Districts in the first two quartiles of wealth shall receive	501
up to $275 per pupil for students in the targeted grade to	502
purchase classroom computers. Districts in the third and fourth	503
quartiles shall receive up to $105 per pupil in the targeted	504
grade. If a district has met the state's goal of one computer to	505
every five students in the targeted grade, the district may use	506
the funds provided through SchoolNet Plus to purchase computers	507
for successive grades or to fulfill educational technology needs	508
in other grades as specified in the district's technology plan.	509

Section 15. SOA SOUTHERN OHIO AGRICULTURAL AND COMMUNITY	510
DEVELOPMENT FOUNDATION	511

Tobacco Master Settlement Agreement Fund Group

512

Section 16. TAX DEPARTMENT OF TAXATION

520

Section 17. TUP TOBACCO USE PREVENTION AND CONTROL FOUNDATION

526

Section 18.  All items set forth in this section are hereby	533
appropriated out of any moneys in the state treasury to the credit	534
of the Education Facilities Trust Fund (Fund N87) that are not	535
otherwise appropriated.	536

Appropriations

SFC SCHOOL FACILITIES COMMISSION

537

Section 18.01.  Section 18 of this act shall remain in full	542
force and effect commencing on July 1, 2004, and terminating on	543
June 30, 2006, for the purpose of drawing money from the state	544
treasury in payment of liabilities lawfully incurred thereunder,	545
and on June 30, 2006, and not before, the moneys appropriated	546
thereby shall lapse into the funds from which they are severally	547
appropriated.	548

The appropriations made in Section 18 of this act are subject	549
to all provisions of the capital appropriations act governing the	550
2004-2006 biennium that are generally applicable to such	551
appropriations. Expenditures from appropriations contained in	552
Section 18 shall be accounted for as though made in the capital	553
appropriations act governing the 2004-2006 biennium.	554

Section 19.  PERSONAL SERVICE EXPENSES

555

Unless otherwise prohibited by law, each appropriation in	556
this act from which personal service expenses are paid shall bear	557
the employer's share of public employees' retirement, workers'	558
compensation, disabled workers' relief, and all group insurance	559
programs; the costs of centralized accounting, centralized payroll	560
processing, and related personnel reports and services; the cost	561
of the Office of Collective Bargaining; the cost of the Personnel	562
Board of Review; the cost of the Employee Assistance Program; the	563
cost of the Equal Opportunity Center; the costs of interagency	564
information management infrastructure; and the cost of	565
administering the state employee merit system as required by	566
section 124.07 of the Revised Code. Such costs shall be determined	567
in conformity with appropriate sections of law and paid in	568
accordance with procedures specified by the Office of Budget and	569
Management.	570

Section 20. REISSUANCE OF VOIDED WARRANTS

571

In order to provide funds for the reissuance of voided	572
warrants pursuant to section 117.47 of the Revised Code, there is	573
appropriated, out of moneys in the state treasury from the fund	574
credited as provided in section 117.47 of the Revised Code, that	575
amount sufficient to pay such warrants when approved by the Office	576
of Budget and Management.	577

Section 21. REAPPROPRIATION OF UNEXPENDED ENCUMBERED BALANCES	578
OF OPERATING APPROPRIATIONS	579

An unexpended balance of an operating appropriation or	580
reappropriation that a state agency lawfully encumbered prior to	581
the close of a fiscal year is reappropriated on the first day of	582
July of the following fiscal year from the fund from which it was	583
originally appropriated or reappropriated for the following period	584
and shall remain available only for the purpose of discharging the	585
encumbrance.	586

(A) For an encumbrance for personal services, maintenance,	587
equipment, or items for resale, other than an encumbrance for an	588
item of special order manufacture not available on term contract	589
or in the open market or for reclamation of land or oil and gas	590
wells, for a period of not more than five months from the end of	591
the fiscal year;	592

(B) For an encumbrance for an item of special order	593
manufacture not available on term contract or in the open market,	594
for a period of not more than five months from the end of the	595
fiscal year or, with the written approval of the Director of	596
Budget and Management, for a period of not more than twelve months	597
from the end of the fiscal year;	598

(C) For an encumbrance for reclamation of land or oil and gas	599
wells, for a period ending when the encumbered appropriation is	600
expended or for a period of two years, whichever is less;	601

(D) For an encumbrance for any other expense, for such period	602
as the Director of Budget and Management approves, provided such	603
period does not exceed two years.	604

Any operating appropriations for which unexpended balances	605
are reappropriated beyond a five-month period from the end of the	606
fiscal year pursuant to division (B) of this section shall be	607
reported to the Controlling Board by the Director of Budget and	608
Management by the thirty-first day of December of each year. The	609
report on each such item shall include the item, the cost of the	610
item, and the name of the vendor. This report to the Controlling	611
Board shall be updated on a quarterly basis for encumbrances	612
remaining open.	613

Upon the expiration of the reappropriation period set out in	614
division (A), (B), (C), or (D) of this section, a reappropriation	615
made pursuant to this section lapses, and the Director of Budget	616
and Management shall cancel the encumbrance of the unexpended	617
reappropriation not later than the end of the weekend following	618
the expiration of the reappropriation period.	619

Notwithstanding the preceding paragraph, with the approval of	620
the Director of Budget and Management, an unexpended balance of an	621
encumbrance that was reappropriated on the first day of July	622
pursuant to this section for a period specified in division (C) or	623
(D) of this section and that remains encumbered at the close of	624
the fiscal biennium is hereby reappropriated pursuant to this	625
section on the first day of July of the following fiscal biennium	626
from the fund from which it was originally appropriated or	627
reappropriated for the applicable period specified in division (C)	628
or (D) of this section and shall remain available only for the	629
purpose of discharging the encumbrance.	630

If the Controlling Board approved a purchase, that approval	631
remains in effect as long as the appropriation used to make that	632
purchase remains encumbered.	633

Section 22. That Section 3 of Sub. H.B. 262 of the 125th	634
General Assembly be amended to read as follows:	635

Sec. 3. (A) As used in this section:

636

(1) "Automatic tabulating equipment, "ballot," "direct	637
recording electronic voting machine," "marking device," "voter	638
verified paper audit trail," and "voting machines" have the same	639
meanings as in section 3506.01 of the Revised Code.	640

(2) "County originally scheduled to acquire voting machines	641
during the 2004 calendar year" means:	642

(a) The following counties that are scheduled, pursuant to	643
the process outlined in the version of the Ohio state plan that	644
was published in the Federal Register on March 24, 2004, to	645
acquire voting machines, marking devices, or automatic tabulating	646
equipment for use in the August 2004 special election with funds	647
made available pursuant to the Help America Vote Act of 2002:	648
Adams, Auglaize, Brown, Carroll, Crawford, Delaware, Hardin,	649
Harrison, Henry, Logan, Medina, Mercer, Portage, Putnam, and	650
Trumbull;	651

(b) The following counties that are scheduled, pursuant to	652
the process outlined in the version of the Ohio state plan that	653
was published in the Federal Register on March 24, 2004, to	654
acquire voting machines, marking devices, or automatic tabulating	655
equipment for use in the November 2004 general election with funds	656
made available pursuant to the Help America Vote Act of 2002:	657
Butler, Columbiana, Darke, Fairfield, Gallia, Huron, Jackson,	658
Lorain, Lucas, Madison, Morgan, Paulding, Richland, Tuscarawas,	659
Washington, and Williams.	660

(3) "Help America Vote Act of 2002" means the "Help America	661
Vote Act of 2002," Public Law 107-252, 116 Stat. 1666.	662

(4) "Ohio state plan" means the state plan prepared by the	663
Secretary of State and the state plan committee for the state of	664
Ohio pursuant to the Help America Vote Act of 2002.	665

(B)(1)(a) If the board of elections of a county originally	666
scheduled to acquire voting machines during the 2004 calendar year	667
wishes to acquire voting machines, marking devices, or automatic	668
tabulating equipment for use during the 2004 calendar year	669
according to the schedule proposed pursuant to the process	670
outlined in the version of the Ohio state plan that was published	671
in the Federal Register on March 24, 2004, with funds made	672
available pursuant to the Help America Vote Act of 2002, the board	673
may vote to reaffirm any prior decision made under that process to	674
so acquire and use voting machines, marking devices, or automatic	675
tabulating equipment at a meeting held within thirty days after	676
the effective date of this section.	677

(b) If the board of elections of a county originally	678
scheduled to acquire voting machines during the 2004 calendar year	679
fails to vote on a decision under division (B)(1)(a) of this	680
section within thirty days after the effective date of this	681
section, the county shall not acquire voting machines, marking	682
devices, or automatic tabulating equipment for use during the 2004	683
calendar year with funds made available pursuant to the Help	684
America Vote Act of 2002. The Secretary of State shall not compel	685
the board of elections of a county originally scheduled to acquire	686
voting machines during the 2004 calendar year to vote to acquire	687
voting machines, marking devices, or automatic tabulating	688
equipment under division (B)(1)(a) of this section.	689

(c) If the board of elections of a county originally	690
scheduled to acquire voting machines during the 2004 calendar year	691
votes to reaffirm a prior decision to acquire voting machines,	692
marking devices, or automatic tabulating equipment for use during	693
the 2004 calendar year with funds made available pursuant to the	694
Help America Vote Act of 2002 under division (B)(1)(a) of this	695
section, that county shall proceed with the acquisition of the	696
selected voting machines, marking devices, or automatic tabulating	697
equipment with those funds according to the process outlined in	698
the version of the Ohio state plan that was published in the	699
Federal Register on March 24, 2004. The Secretary of State shall	700
purchase the selected voting machines, marking devices, or	701
automatic tabulating equipment for the county by acting as an	702
agent on behalf of the board of county commissioners of that	703
county.	704

(2)(a) A county may acquire voting machines, marking devices,	705
or automatic tabulating equipment for use during the 2005 calendar	706
year pursuant to the process outlined in the version of the Ohio	707
state plan that was published in the Federal Register on March 24,	708
2004, prior to the certification of direct recording electronic	709
voting machines with a voter verified paper audit trail in	710
accordance with division (E)(1) of this section if both of the	711
following apply:	712

(i) The county did not acquire voting machines, marking	713
devices, or automatic tabulating equipment under division (B)(1)	714
of this section for use during the 2004 calendar year.	715

(ii) The county has selected, through the process outlined in	716
the version of the Ohio state plan that was published in the	717
Federal Register on March 24, 2004, voting machines, marking	718
devices, or automatic tabulating equipment other than direct	719
recording electronic voting machines as the primary voting system	720
to be used in the county. This division does not preclude the	721
acquisition of direct recording electronic voting machines to the	722
extent that the county is scheduled to acquire only one direct	723
recording electronic voting machine for each polling place as	724
required by the Help America Vote Act of 2002.	725

(b) If a county chooses to acquire voting machines, marking	726
devices, or automatic tabulating equipment under division	727
(B)(2)(a) of this section, the Secretary of State shall purchase	728
the selected voting machines, marking devices, or automatic	729
tabulating equipment for the county by acting as an agent on	730
behalf of the board of county commissioners of that county.	731

(C) It is the intent of the General Assembly that the state	732
of Ohio pay, with funds made available pursuant to the Help	733
America Vote Act of 2002 or through an appropriation of state	734
capital funds, for any additional costs a county incurs after the	735
initial purchase of direct recording electronic voting machines,	736
to upgrade, retrofit, or otherwise equip those voting machines	737
with a voter verified paper audit trail if the county acquires the	738
voting machines in any of the following manners:	739

(1) The county purchases the direct recording electronic	740
voting machines before the effective date of this section using	741
county funds and is entitled to reimbursement for that purchase	742
under the Help America Vote Act of 2002.	743

(2) The county acquires the direct recording electronic	744
voting machines for use during the 2004 calendar year under	745
division (B)(1) of this section.	746

(3) The county acquires voting machines, marking devices, or	747
automatic tabulating equipment, including direct recording	748
electronic voting machines, under division (B)(2) of this section.	749

(4) The county acquired direct recording electronic voting	750
machines before January 1, 2000, and is not scheduled to acquire	751
new voting machines, marking devices, or automatic tabulating	752
equipment with funds made available under the Help America Vote	753
Act of 2002 under the process outlined in the version of the Ohio	754
state plan that was published in the Federal Register on March 24,	755
2004.	756

(D)(1) If a county does not acquire voting machines, marking	757
devices, or automatic tabulating equipment under division (B)(1)	758
or (2) of this section or does not acquire voting machines,	759
marking devices, or automatic tabulating equipment through the	760
process described in division (C)(1) or (4) of this section, the	761
process for counties to acquire voting machines, marking devices,	762
or automatic tabulating equipment with funds made available	763
pursuant to the Help America Vote Act of 2002 that is outlined in	764
the version of the Ohio state plan that was published in the	765
Federal Register on March 24, 2004, shall be subject to divisions	766
(E) and (F) of this section with respect to any direct recording	767
electronic voting machine a county selects for acquisition.	768

(2) Nothing in division (E) or (F) of this section shall	769
affect the acquisition of voting machines, marking devices, or	770
automatic tabulating equipment, other than direct recording	771
electronic voting machines, under the process outlined in the	772
version of the Ohio state plan that was published in the Federal	773
Register on March 24, 2004.	774

(E)(1)(a) The Secretary of State shall adopt a schedule	775
pursuant to which the Secretary of State shall certify for use in	776
this state direct recording electronic voting machines with a	777
voter verified paper audit trail. That schedule shall provide for	778
the certification, acquisition, and implementation of direct	779
recording electronic voting machines with a voter verified paper	780
audit trail not later than the first federal election that occurs	781
after January 1, 2006, unless required sooner by the Help America	782
Vote Act of 2002.	783

(b) Before certifying any direct recording electronic voting	784
machines with a voter verified paper audit trail, the Secretary of	785
State shall establish standards for the certification of those	786
machines as required by division (H)(3) of section 3506.05 of the	787
Revised Code. In addition to the requirements of that section, the	788
standards for certification shall require a direct recording	789
electronic voting machine with a voter verified paper audit trail	790
to meet the requirements of the Help America Vote Act of 2002,	791
Chapter 3506. of the Revised Code, this act, and any other	792
applicable laws and standards.	793

(c) Any vendor of a direct recording electronic voting	794
machine with a voter verified paper audit trail may seek	795
certification of that machine for use in this state under the	796
certification standards the Secretary of State is required to	797
adopt under division (H)(3) of section 3506.05 of the Revised Code	798
and division (E)(1)(b) of this section according to the	799
certification schedule the Secretary of State is required to adopt	800
under division (E)(1)(a) of this section.	801

(d) No vendor, type, or model of direct recording electronic	802
voting machine that was approved in this state according to the	803
process outlined in the version of the Ohio state plan that was	804
published in the Federal Register on March 24, 2004, shall remain	805
on the approved list of vendors, types, or models for acquisition	806
with funds made available pursuant to the Help America Vote Act of	807
2002 unless it is subject to the certification standards for	808
direct recording electronic voting machines with a voter verified	809
paper audit trail the Secretary of State is required to adopt	810
under division (H)(3) of section 3506.05 of the Revised Code and	811
division (E)(1)(b) of this section.	812

(2) After the Secretary of State certifies direct recording	813
electronic voting machines with a voter verified paper audit trail	814
under division (E)(1) of this section, the Secretary of State	815
shall commence price negotiations with any willing vendor that	816
meets both of the following requirements:	817

(a) The vendor's direct recording electronic voting machine	818
was approved for acquisition and use in this state under the	819
process outlined in the version of the Ohio state plan that was	820
published in the Federal Register on March 24, 2004.	821

(b) The vendor's direct recording electronic voting machine	822
with a voter verified paper audit trail is certified in accordance	823
with division (E)(1) of this section.	824

(3) With each willing vendor that meets the requirements of	825
division (E)(2) of this section, the Secretary of State shall	826
negotiate for a final unified price. The final unified price shall	827
include both of the following:	828

(a) The cost of upgrading, retrofitting, or otherwise	829
equipping all direct recording electronic voting machines produced	830
by that vendor and acquired under division (B)(1) or (2) of this	831
section or through the process described in division (C)(1) or (4)	832
of this section with a voter verified paper audit trail;	833

(b) The purchase price for that vendor for all direct	834
recording electronic voting machines that were previously selected	835
by a county for acquisition during the 2005 calendar year under	836
the process outlined in the version of the Ohio state plan that	837
was published in the Federal Register on March 24, 2004, and that	838
have not already been acquired under division (B)(2) of this	839
section. The purchase price under this division shall include the	840
price for equipping each direct recording electronic voting	841
machine with a voter verified paper audit trail.	842

(4) After the Secretary of State negotiates a final unified	843
price with each eligible vendor under division (E)(3) of this	844
section, the Secretary of State shall perform the following	845
calculation with respect to each vendor:	846

(a) For each vendor, the final unified price shall be added	847
to the total cost of all direct recording electronic voting	848
machines acquired from that vendor under division (B)(1) or (2) of	849
this section or through the process described in division (C)(1)	850
or (4) of this section.	851

(b) To determine the percentage change between acquiring	852
direct recording electronic voting machines under the contract	853
negotiated under the process outlined in the version of the Ohio	854
state plan that was published in the Federal Register on March 24,	855
2004, and acquiring direct recording electronic voting machines	856
with a voter verified paper audit trail, the sum under division	857
(E)(4)(a) of this section shall be divided by the total cost of	858
acquiring direct recording electronic voting machines from that	859
vendor if all counties that previously selected those machines	860
from that vendor under the process outlined in the version of the	861
Ohio state plan that was published in the Federal Register on	862
March 24, 2004, had acquired the machines under that contract.	863

(5) If the calculation performed under division (E)(4) of	864
this section results in a percentage cost of one hundred twenty	865
per cent or less, the Secretary of State may accept this cost,	866
subject to Controlling Board approval. If approved by the	867
Controlling Board, the Secretary of State may permit both of the	868
following:	869

(a) Counties that have not yet purchased direct recording	870
electronic voting machines with funds made available under the	871
Help America Vote Act of 2002 and that previously selected that	872
vendor's direct recording electronic voting machines to purchase	873
direct recording electronic voting machines with a voter verified	874
paper audit trail from that vendor according to the process	875
outlined in the version of the Ohio state plan that was published	876
in the Federal Register on March 24, 2004;	877

(b) Counties that previously purchased direct recording	878
electronic voting machines from that vendor under division (B)(1)	879
or (2) of this section or through the process described in	880
division (C)(1) or (4) of this section to upgrade, retrofit, or	881
otherwise equip those direct recording electronic voting machines	882
with a voter verified paper audit trail from that vendor.	883

(6) If the calculation performed under division (E)(4) of	884
this section results in a percentage cost of more than one hundred	885
twenty per cent, the Secretary of State shall not accept the cost,	886
and any contract negotiated with that vendor shall be deemed null	887
and void with respect to any direct recording electronic voting	888
machines not yet purchased.	889

(F)(1) If a vendor of a direct recording electronic voting	890
machine that was approved for acquisition and use in this state	891
under the process outlined in the version of the Ohio state plan	892
that was published in the Federal Register on March 24, 2004,	893
chooses not to seek or fails to gain certification for a direct	894
recording electronic voting machine with a voter verified paper	895
audit trail, or if the vendor's contract is declared null and void	896
under division (E)(6) of this section, any vendor of a direct	897
recording electronic voting machine with a voter verified paper	898
audit trail that is certified for use in this state may submit a	899
bid to provide voting machines, marking devices, or automatic	900
tabulating equipment for those counties whose original direct	901
recording electronic voting machine selection is no longer	902
available under this section.	903

(2) The Secretary of State shall develop a process by which	904
vendors of a certified direct recording electronic voting machine	905
with a voter verified paper audit trail may submit bids under	906
division (F)(1) of this section, by which the Secretary of State	907
shall approve for acquisition, and by which counties identified in	908
division (F)(1) of this section may purchase voting machines,	909
marking devices, or automatic tabulating equipment using funds	910
made available pursuant to the Help America Vote Act of 2002. Any	911
voting machines, marking devices, or automatic tabulating	912
equipment so purchased shall meet the requirements of the Help	913
America Vote Act of 2002, Chapter 3506. of the Revised Code, this	914
act, and any other applicable laws and standards. Any process the	915
Secretary of State develops under this division shall be described	916
in the Ohio state plan. The process shall permit the Secretary of	917
State to purchase voting machines, marking devices, or automatic	918
tabulating equipment on behalf of a board of county commissioners	919
with the Secretary of State acting as an agent of the board.	920

The process shall not authorize the Secretary of State to do	921
either of the following:	922

(a) Purchase voting machines, marking devices, or automatic	923
tabulating equipment except when acting as an agent on behalf of	924
the board of county commissioners of a county;	925

(b) Require a county board of elections to select or use any	926
direct recording electronic voting machine except as otherwise	927
required by federal law.	928

(3) Any purchase of voting machines, marking devices, or	929
automatic tabulating equipment under division (F) of this section	930
shall be subject to Controlling Board approval.	931

(G) The acquisition of voting machines, marking devices, or	932
automatic tabulating equipment under this section with funds made	933
available pursuant to the Help America Vote Act of 2002 shall be	934
completed before the first federal election that occurs after	935
January 1, 2006, unless required sooner by that Act.	936

(H) It is the intent of the General Assembly that the state	937
of Ohio pay, with funds made available pursuant to the Help	938
America Vote Act of 2002 or through an appropriation of state	939
capital funds, the full cost of acquiring all voting machines,	940
marking devices, or automatic tabulating equipment under this	941
section.	942

Section 23. That existing Section 3 of Sub. H.B. 262 of the	943
125th General Assembly is hereby repealed.	944

Section 24. That Section 99 of Am. Sub. H.B. 95 of the 125th	945
General Assembly, as amended by Sub. H.B. 262 of the 125th General	946
Assembly, be amended to read as follows:	947

Sec. 99.  SOS SECRETARY OF STATE

948

General Revenue Fund

949

General Services Fund Group

955

Federal Special Revenue Fund Group

961

State Special Revenue Fund Group

968

Holding Account Redistribution Fund Group

973

BOARD OF VOTING MACHINE EXAMINERS

979

The foregoing appropriation item 050-610, Board of Voting	980
Machine Examiners, shall be used to pay for the services and	981
expenses of the members of the Board of Voting Machine Examiners,	982
and for other expenses that are authorized to be paid from the	983
Board of Voting Machine Examiners Fund, which is created in	984
section 3506.05 of the Revised Code. Moneys not used shall be	985
returned to the person or entity submitting the equipment for	986
examination. If it is determined that additional appropriations	987
are necessary, such amounts are appropriated.	988

HOLDING ACCOUNT REDISTRIBUTION GROUP

989

The foregoing appropriation items 050-605 and 050-606,	990
Holding Account Redistribution Fund Group, shall be used to hold	991
revenues until they are directed to the appropriate accounts or	992
until they are refunded. If it is determined that additional	993
appropriations are necessary, such amounts are appropriated.	994

VOTER/POLL WORKER EDUCATION FUND

995

If, as of the effective date of this amendment, the	996
Controlling Board has not taken action to allow for a statewide	997
voter education and poll worker training program in the state, the	998
Director of Budget and Management shall transfer $5,000,000 from	999
the Election Reform Fund (Fund 3AA) to the Voter Education/Poll	1000
Worker Education Fund (Fund 3AT). Of the foregoing appropriation	1001
item 050-614, Voter/Poll Worker Education, $2,500,000 shall be	1002
allocated to the counties, subject to Controlling Board approval.	1003
Of this amount, the Secretary of State shall distribute $440,000	1004
to the counties such that each county shall receive $5,000. The	1005
remaining $2,060,000 allocated shall be distributed to the	1006
counties based upon per capita population as determined by the	1007
most recent federal decennial census data. $2,500,000 shall be	1008
used to conduct a statewide voter education and poll	1009
worker-training program, subject to Controlling Board approval.	1010

Of the $2,500,000 appropriated to counties, no county shall	1011
receive its allotted funding until it has submitted a voter	1012
education plan to, and had that plan approved by, the Secretary of	1013
State. Of the $2,500,000 appropriated to the Secretary of State	1014
for the purpose of conducting a voter education and poll worker	1015
training program, the Secretary of State may use up to $1,000,000	1016
for the development, implementation, and certification for	1017
standards of Voter Verified Paper Audit Trail (VVPAT) systems.	1018

After January 1, 2005, the Secretary of State may seek	1019
approval from the Controlling Board for the release of an	1020
additional $2,500,000 from the Election Reform Fund (Fund 3AA), if	1021
the Secretary of State can demonstrate it is necessary for the	1022
implementation of additional voter education and poll worker	1023
training. Of this $2,500,000, the Secretary of State must	1024
distribute $1,250,000 to the counties on a per capita basis based	1025
upon population as determined by the most recent federal decennial	1026
census data. However, the $1,250,000 shall not be released to the	1027
individual counties until those counties have submitted a voter	1028
education plan to, and had that plan approved by, the Secretary of	1029
State.	1030

Upon the effective date of this amendment, the Secretary of	1031
State may request that the Director of Budget and Management	1032
transfer an amount from the Election Reform Fund (Fund 3AA) to a	1033
GRF appropriation item within the Secretary of State's Budget for	1034
the compensation of the ADA coordinator under section 3501.05 of	1035
the Revised Code.	1036

2004 HAVA VOTING MACHINES FUND

1037

If, as of the effective date of this amendment, the	1038
Controlling Board has not taken action to approve the funds for	1039
deployment of HAVA certified voting systems in 2004, the Director	1040
of Budget and Management shall transfer an amount not to exceed	1041
$27,250,000 from the Election Reform Fund (Fund 3AA) to the 2004	1042
HAVA Voting Machines Fund (Fund 3AR).	1043

2005 HAVA VOTING MACHINES FUND

1044

As of the effective date of this amendment, the Director of	1045
Budget and Management shall transfer an amount not to exceed	1046
$79,250,000 from the Election Reform Fund (Fund 3AA) to the 2005	1047
HAVA Voting Machines Fund (Fund 3AS). The amount is hereby	1048
appropriated. The Secretary of State shall certify to the Director	1049
of Budget and Management any amount from the 2004 Voting Machines	1050
Fund (Fund 3AR) that was not required for voting machine	1051
replacement or upgrades. The Director of Budget and Management	1052
shall transfer this amount to the 2005 HAVA Voting Machines Fund	1053
(Fund 3AS) and abolish the 2004 HAVA Voting Machines Fund (Fund	1054
3AR). All expenditures from the 2005 HAVA Voting Machine Fund for	1055
the purpose of purchasing direct recording electronic voting	1056
machines with a voter verified paper audit trail or upgrading,	1057
retrofitting, or otherwise equipping direct recording electronic	1058
voting machines with a voter verified paper audit trail are	1059
subject to Controlling Board approval.	1060

Section 25. That existing Section 99 of Am. Sub. H.B. 95 of	1061
the 125th General Assembly, as amended by Sub. H.B. 262 of the	1062
125th General Assembly, is hereby repealed.	1063

Section 26.  Except as otherwise specifically provided in	1064
this act, the codified and uncodified sections of law contained in	1065
this act, and the items of law of which the codified and	1066
uncodified sections of law contained in this act are composed, are	1067
subject to the referendum. Therefore, under Ohio Constitution,	1068
Article II, Section 1c and section 1.471 of the Revised Code, the	1069
codified and uncodified sections of law contained in this act, and	1070
the items of law of which the codified and uncodified sections of	1071
law contained in this act are composed, take effect on the	1072
ninety-first day after this act is filed with the Secretary of	1073
State. If, however, a referendum petition is filed against any	1074
such codified or uncodified section of law contained in this act,	1075
or against any item of law of which any such codified or	1076
uncodified section of law contained in this act is composed, the	1077
codified or uncodified section of law, or item of law, unless	1078
rejected at the referendum, takes effect at the earliest time	1079
permitted by law.	1080

Section 27.  The amendment by this act of Section 3 of Sub.	1081
H.B. 262 of the 125th General Assembly and the amendment by this	1082
act of Section 99 of Am. Sub. H.B. 95 of the 125th General	1083
Assembly, as amended by Sub. H.B. 262 of the 125th General	1084
Assembly, are not subject to the referendum and, under Ohio	1085
Constitution, Article II, Section 1d and section 1.471 of the	1086
Revised Code, go into effect when this act becomes law.	1087

Section 28. Sections 3 to 6 of this act, and the items of law	1088
of which such sections are composed, are not subject to the	1089
referendum. Therefore, under Ohio Constitution, Article II,	1090
Section 1d and section 1.471 of the Revised Code, such sections,	1091
and the items of law of which such sections are composed, go into	1092
immediate effect when this act becomes law.	1093

Section 29. If any item of law that constitutes the whole or	1094
part of a codified or uncodified section of law contained in this	1095
act, or if any application of any item of law that constitutes the	1096
whole or part of a codified or uncodified section of law contained	1097
in this act, is held invalid, the invalidity does not affect other	1098
items of law or applications of items of law that can be given	1099
effect without the invalid item of law or application. To this	1100
end, the items of law of which the codified and uncodified	1101
sections of law contained in this act are composed, and their	1102
applications, are independent and severable.	1103