(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 |
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 |
(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 |
(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 |
(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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 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 |
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 |
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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 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 |
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 |
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 |
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 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 |