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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 |
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 |
Tobacco Master Settlement Agreement Fund Group | 192 | ||||||||||
L87 | 038-403 | Urban Minority Alcoholism and Drug Abuse Outreach Programs | $ | 500,000 | $ | 500,000 | 193 | ||||
L87 | 038-405 | Juvenile Offender Aftercare Program | $ | 3,000,000 | $ | 3,000,000 | 194 | ||||
TOTAL TSF Tobacco Master Settlement Agreement Fund Group | $ | 3,500,000 | $ | 3,500,000 | 195 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 3,500,000 | $ | 3,500,000 | 196 |
Section 5. AGO ATTORNEY GENERAL | 198 |
Tobacco Master Settlement Agreement Fund Group | 199 |
J87 | 055-635 | Law Enforcement Technology, Training, and Facility Enhancements | $ | 8,647,000 | $ | 3,000,000 | 200 | ||||
U87 | 055-402 | Tobacco Settlement Oversight, Administration, and Enforcement | $ | 562,546 | $ | 573,797 | 201 | ||||
TOTAL TSF Tobacco Master Settlement Agreement Fund Group | $ | 9,209,546 | $ | 3,573,797 | 202 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 9,209,546 | $ | 3,573,797 | 203 |
Section 6. DEV DEPARTMENT OF DEVELOPMENT | 205 |
Tobacco Master Settlement Agreement Fund Group | 206 |
M87 | 195-435 | Biomedical Research and Technology Transfer | $ | 24,079,558 | $ | 23,896,239 | 207 | ||||
TOTAL TSF Tobacco Master Settlement Agreement Fund Group | $ | 24,079,558 | $ | 23,896,239 | 208 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 24,079,558 | $ | 23,896,239 | 209 |
Section 7. DOH DEPARTMENT OF HEALTH | 211 |
Tobacco Master Settlement Agreement Fund Group | 212 |
L87 | 440-404 | Minority Health Care Data Development | $ | 350,000 | $ | 350,000 | 213 | ||||
L87 | 440-409 | Tuberculosis Prevention and Treatment | $ | 450,000 | $ | 450,000 | 214 | ||||
L87 | 440-410 | Hepatitis C Prevention and Intervention | $ | 425,000 | $ | 425,000 | 215 | ||||
L87 | 440-411 | Dental Care Programs for Minority and Low-Income Populations | $ | 420,000 | $ | 420,000 | 216 | ||||
L87 | 440-412 | Emergency Medications and Oxygen for Low-Income Seniors | $ | 583,653 | $ | 583,653 | 217 | ||||
L87 | 440-414 | Uncompensated Care | $ | 3,852,400 | $ | 3,855,051 | 218 | ||||
L87 | 440-421 | Infant Mortality Reduction Initiative | $ | 266,000 | $ | 266,000 | 219 | ||||
L87 | 440-428 | Automated External Defibrillators | $ | 2,500,000 | $ | 0 | 220 | ||||
TOTAL TSF Tobacco Master | 221 | ||||||||||
Settlement Agreement Fund | 222 | ||||||||||
Group | $ | 8,847,053 | $ | 6,349,704 | 223 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 8,847,053 | $ | 6,349,704 | 224 |
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 |
Tobacco Master Settlement Agreement Fund Group | 241 | ||||||||||
L87 | 149-402 | Minority Health and Academic Partnership Grants | $ | 690,000 | $ | 690,000 | 242 | ||||
L87 | 149-403 | Training and Capacity Building | $ | 100,000 | $ | 100,000 | 243 | ||||
L87 | 149-404 | Academic, Scientific, and Community Partnerships | $ | 400,000 | $ | 400,000 | 244 | ||||
TOTAL TSF Tobacco Master Settlement Agreement Fund Group | $ | 1,190,000 | $ | 1,190,000 | 245 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 1,190,000 | $ | 1,190,000 | 246 |
Section 9. DHS DEPARTMENT OF PUBLIC SAFETY | 248 |
Tobacco Master Settlement Agreement Fund Group | 249 | ||||||||||
L87 | 767-406 | Under-Age Tobacco Use Enforcement | $ | 636,000 | $ | 636,000 | 250 | ||||
TOTAL TSF Tobacco Master Settlement Agreement Fund | $ | 636,000 | $ | 636,000 | 251 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 636,000 | $ | 636,000 | 252 |
Section 10. NET SCHOOLNET COMMISSION | 254 |
Tobacco Master Settlement Agreement Fund Group | 255 |
S87 | 228-602 | Education Technology Trust Fund | $ | 9,277,865 | $ | 6,274,109 | 256 | ||||
TOTAL TSF Tobacco Master | 257 | ||||||||||
Settlement Agreement Fund | 258 | ||||||||||
Group | $ | 9,277,865 | $ | 6,274,109 | 259 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 9,277,865 | $ | 6,274,109 | 260 |
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 |
5M9 | 945-601 | Operating Expenses | $ | 421,725 | $ | 430,277 | 287 | ||||
K87 | 945-602 | Southern Ohio Agricultural and Community Development Foundation | $ | 13,200,000 | $ | 12,600,000 | 288 | ||||
TOTAL TSF Tobacco Master | 289 | ||||||||||
Settlement Agreement Fund | 290 | ||||||||||
Group | $ | 13,621,725 | $ | 13,030,277 | 291 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 13,621,725 | $ | 13,030,277 | 292 |
Section 12. TAX DEPARTMENT OF TAXATION | 294 |
Tobacco Master Settlement Agreement Fund Group | 295 | ||||||||||
T87 | 110-402 | Tobacco Settlement Enforcement | $ | 223,563 | $ | 228,034 | 296 | ||||
TOTAL TSF Tobacco Master Settlement Agreement Fund Group | $ | 223,563 | $ | 228,034 | 297 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 223,563 | $ | 228,034 | 298 |
Section 13. TUP TOBACCO USE PREVENTION AND CONTROL FOUNDATION | 300 |
Tobacco Master Settlement Agreement Fund Group | 301 | ||||||||||
H87 | 940-601 | Tobacco Use Prevention and Control Foundation | $ | 0 | $ | 107,500,000 | 302 | ||||
5M8 | 940-601 | Operating Expenses | $ | 1,273,000 | $ | 1,298,000 | 303 | ||||
TOTAL TSF Tobacco Master Settlement Agreement Fund Group | $ | 1,273,000 | $ | 108,798,000 | 304 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 1,273,000 | $ | 108,798,000 | 305 |
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 |
311 |
CAP-780 | Classroom Facilities Assistance Program | $ | 243,200,000 | 312 | |||
Total School Facilities Commission | $ | 243,200,000 | 313 | ||||
TOTAL Education Facilities Trust Fund | $ | 243,200,000 | 314 |
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 |