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| To amend sections 183.04, 183.05, 183.30, 3702.72, | 1 |
| 3702.73, and 3702.81 of the Revised Code, to amend | 2 |
| Section 312.27 of Am. Sub. H.B. 66 of the 126th | 3 |
| General Assembly, and to amend Section 203.09 of | 4 |
| Am. Sub. H.B. 66 of the 126th General Assembly, | 5 |
| as subsequently amended, to provide for the | 6 |
| distribution of money received by the state | 7 |
| pursuant to the Tobacco Master Settlement | 8 |
| Agreement by making operating appropriations for | 9 |
| the biennium beginning July 1, 2006, and ending | 10 |
| June 30, 2008, and to provide authorization and | 11 |
| conditions for the operation of state programs. | 12 |
| Section 101.01. That sections 183.04, 183.05, 183.30, | 13 |
| 3702.72, 3702.73, and 3702.81 of the Revised Code be amended to | 14 |
| read as follows: | 15 |
| Sec. 183.04. There is hereby created the tobacco use | 16 |
| prevention and control foundation, the general management of which | 17 |
|
is vested in a
board of trustees of
| 18 |
| members as follows: | 19 |
| (A) Eight members who are health professionals, health | 20 |
| researchers, or representatives of health organizations. Two of | 21 |
| these members shall be appointed by the governor, two by the | 22 |
| speaker of the house of representatives, one by the minority | 23 |
| leader of the house of representatives, two by the president of | 24 |
| the senate, and one by the minority leader of the senate. | 25 |
| (B) Two members, one of whom has experience in financial | 26 |
| planning and accounting and one of whom has experience in media | 27 |
| and mass marketing, who shall be appointed by the governor; | 28 |
| (C) One member, who shall be appointed by the governor from a | 29 |
| list of at least three individuals recommended by the American | 30 |
| cancer society; | 31 |
| (D) One member, who shall be appointed by the governor from a | 32 |
| list of at least three individuals recommended by the American | 33 |
| heart association; | 34 |
| (E) One member, who shall be appointed by the governor from a | 35 |
| list of at least three individuals recommended by the American | 36 |
| lung association; | 37 |
| (F) One member, who shall be appointed by the governor from a | 38 |
| list of at least three individuals recommended by the association | 39 |
| of hospitals and health systems; | 40 |
| (G) One member, who shall be appointed by the governor from a | 41 |
| list of at least three individuals recommended by the Ohio state | 42 |
| medical association; | 43 |
| (H) One member, who shall be appointed by the governor from a | 44 |
| list of at least three individuals recommended by the association | 45 |
| of Ohio health commissioners; | 46 |
| (I) One member, who shall be appointed by the governor from a | 47 |
| list of at least three individuals recommended by the Ohio dental | 48 |
| association; | 49 |
| (J) One nonvoting member, who shall be a member of the house | 50 |
| of representatives of the political party of which the speaker of | 51 |
| the house of representatives is a member and who shall be | 52 |
| appointed by the speaker; | 53 |
| (K) One nonvoting member, who shall be a member of the house | 54 |
| of representatives of the major political party of which the | 55 |
| speaker of the house of representatives is not a member and who | 56 |
| shall be appointed by the speaker; | 57 |
| (L) One nonvoting member, who shall be a member of the senate | 58 |
| of the political party of which the president of the senate is a | 59 |
| member and who shall be appointed by the president; | 60 |
| (M) One nonvoting member, who shall be a member of the senate | 61 |
| of the major political party of which the president of the senate | 62 |
| is not a member and who shall be appointed by the president; | 63 |
| (N) The director of health | 64 |
| commission on minority health, or the executive director's | 65 |
| designee, | 66 |
| members. | 67 |
| The appointments of the governor shall be with the advice and | 68 |
| consent of the senate. | 69 |
| Terms of office for the non-legislative members appointed by | 70 |
| the governor, president, speaker, and minority leaders shall be | 71 |
| for five years. The terms of legislative members shall be for the | 72 |
| biennial session of the general assembly in which they are | 73 |
| appointed. Each member shall hold office from the date of | 74 |
| appointment until the end of the term for which the member was | 75 |
| appointed. Any member appointed to fill a vacancy occurring prior | 76 |
| to the expiration of the term for which the member's predecessor | 77 |
| was appointed shall hold office for the remainder of that term. | 78 |
| Any member shall continue in office subsequent to the expiration | 79 |
| date of the member's term until the member's successor takes | 80 |
| office, or until a period of sixty days has elapsed, whichever | 81 |
| occurs first. A vacancy in an unexpired term shall be filled in | 82 |
| the same manner as the original appointment. The governor may | 83 |
| remove any non-legislative member for malfeasance, misfeasance, or | 84 |
| nonfeasance after a hearing in accordance with Chapter 119. of the | 85 |
| Revised Code. | 86 |
| The members of the board shall serve without compensation but | 87 |
| shall receive their reasonable and necessary expenses incurred in | 88 |
| the conduct of foundation business. | 89 |
| Sections 101.82 to 101.87 of the Revised Code do not apply to | 90 |
| the foundation. | 91 |
| Sec. 183.05. The board of trustees of the tobacco use | 92 |
| prevention and control foundation shall select a chairperson from | 93 |
| among its members and shall meet once during each quarter or at | 94 |
| such other times as the board decides. A majority of the voting | 95 |
| members of the board constitutes a quorum, and no action shall be | 96 |
| taken without the affirmative
vote of a majority of the | 97 |
| quorum. | 98 |
| Sec. 183.30. (A) Except as provided in division (D) of this | 99 |
|
section, no more than five per cent of the total
| 100 |
| disbursements, encumbrances, and obligations of the tobacco use | 101 |
| prevention and control foundation in a fiscal year shall be for | 102 |
| administrative expenses of the foundation in the same fiscal year. | 103 |
| (B) Except as provided in division (D) of this section, no | 104 |
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more than five per cent of the total | 105 |
| encumbrances, and obligations of the southern Ohio agricultural | 106 |
| and community development foundation in a fiscal year shall be for | 107 |
| administrative expenses of the foundation in the same fiscal year. | 108 |
| (C) Except as provided in division (D) of this section, no | 109 |
|
more than five per cent of the total | 110 |
| disbursements, encumbrances, and obligations of the biomedical | 111 |
|
research and technology transfer trust fund | 112 |
| 113 | |
| relating to the administration
of the | 114 |
| third frontier commission in the same fiscal year. | 115 |
| (D) This section's five per cent limitation on administrative | 116 |
| expenses does not apply to any fiscal year for which the | 117 |
| controlling board approves a spending plan that the foundation or | 118 |
| commission submits to the board. | 119 |
| Sec. 3702.72. (A) A primary care physician who | 120 |
| 121 | |
| 122 | |
| medical service to the federal government, a state, or other | 123 |
| entity at the time of participation in the physician loan | 124 |
| repayment program and meets one of the following requirements may | 125 |
| apply for participation in the physician loan repayment program: | 126 |
| (1) The primary care physician is enrolled in the final year | 127 |
| of an accredited program required for board certification in a | 128 |
| primary care specialty. | 129 |
| (2) The primary care physician is enrolled in the final year | 130 |
| of a fellowship program in a primary care specialty. | 131 |
| (3) The primary care physician | 132 |
| 133 | |
| 134 | |
| 135 | |
| medicine and surgery or osteopathic medicine and surgery issued | 136 |
| under Chapter 4731. of the Revised Code. | 137 |
| (B) An application for participation in the physician loan | 138 |
| repayment program shall be submitted to the director of health on | 139 |
| a form that the director shall prescribe. The information required | 140 |
| to be submitted with an application includes the following: | 141 |
| (1) The applicant's name, permanent address or address at | 142 |
| which the applicant is currently residing if different from the | 143 |
| permanent address, and telephone number; | 144 |
| (2) The applicant's primary care specialty; | 145 |
| (3) The medical school or osteopathic medical school the | 146 |
| applicant attended, the dates of attendance, and verification of | 147 |
| attendance; | 148 |
| (4) The facility or institution where the applicant's medical | 149 |
| residency program was completed or is being performed, and, if | 150 |
| completed, the date of completion; | 151 |
| (5) A summary and verification of the educational expenses | 152 |
| for which the
applicant seeks reimbursement under the program; | 153 |
| (6) Verification of the applicant's authorization under | 154 |
| Chapter 4731. of the Revised Code to practice medicine and surgery | 155 |
| or osteopathic medicine and surgery; | 156 |
| (7) Verification of the applicant's United States citizenship | 157 |
| or status as a legal alien. | 158 |
| Sec. 3702.73. If the general assembly has appropriated funds | 159 |
| for the physician loan repayment program, the director of health | 160 |
| shall approve an applicant for participation in the program if the | 161 |
| director finds that, in accordance with the priorities established | 162 |
| under section 3702.77 of the Revised Code, the applicant is | 163 |
| eligible for participation in the program and the applicant's | 164 |
| primary care specialty is needed in a health resource shortage | 165 |
| area. | 166 |
| Upon approval, the director shall notify and enter into | 167 |
| discussions with the applicant. The object of the discussions is | 168 |
| to facilitate the recruitment of the applicant to a site within a | 169 |
| health resource shortage area at which, according to the | 170 |
| priorities established under section 3702.77 of the Revised Code, | 171 |
| the applicant's primary care specialty is most needed. | 172 |
| 173 | |
| 174 | |
| 175 | |
| 176 | |
| 177 | |
| 178 |
| If the director and applicant agree on the applicant's | 179 |
| placement at a particular site within a health resource shortage | 180 |
| area, the applicant shall prepare, sign, and deliver to the | 181 |
| director a letter of intent agreeing to that placement. | 182 |
| Sec. 3702.81. There is hereby created the physician loan | 183 |
| repayment advisory board. The board shall consist of eleven | 184 |
| members as follows: | 185 |
| (A) The following six members appointed by the governor: a | 186 |
| representative of the department of health, a representative of | 187 |
| the Ohio academy of family practice, a representative of the board | 188 |
| of regents, a representative of the Ohio | 189 |
| of community health centers, | 190 |
| state medical association, and a representative of the Ohio | 191 |
| osteopathic association; | 192 |
| (B) Two members of the house of representatives, one from | 193 |
| each political party, appointed by the speaker of the house of | 194 |
| representatives; | 195 |
| (C) Two members of the senate, one from each political party, | 196 |
| appointed by the president of the senate. | 197 |
| Of the initial appointments made by the governor, three shall | 198 |
| be for terms ending June 30, 1994, and four shall be for terms | 199 |
| ending June 30, 1995. Of the initial appointments made by the | 200 |
| speaker of the house of representatives, one shall be for a term | 201 |
| ending June 30, 1994, and one shall be for a term ending June 30, | 202 |
| 1995. Of the initial appointments made by the president of the | 203 |
| senate, one shall be for a term ending June 30, 1994, and one | 204 |
| shall be for a term ending June 30, 1995. Thereafter, terms of | 205 |
| office shall be two years, commencing on the first day of July and | 206 |
| ending on the thirtieth day of June. Each member shall hold office | 207 |
| from the date of appointment until the end of the term for which | 208 |
| the member was appointed, except that a legislative member ceases | 209 |
| to be a member of the board upon ceasing to be a member of the | 210 |
| general assembly. | 211 |
| Vacancies shall be filled in the manner prescribed for the | 212 |
| original appointment. A member appointed to fill a vacancy | 213 |
| occurring prior to the expiration of the term for which the | 214 |
| member's predecessor was appointed shall hold office for the | 215 |
| remainder of that term. A member shall continue in office | 216 |
| subsequent to the expiration of the member's term until a | 217 |
| successor takes office or until sixty days have elapsed, whichever | 218 |
| occurs first. No person shall be appointed to the board for more | 219 |
| than two consecutive terms. | 220 |
| The governor, speaker, or president may remove a member for | 221 |
| whom the governor, speaker, or president was the appointing | 222 |
| authority, for misfeasance, malfeasance, or willful neglect of | 223 |
| duty. | 224 |
| The governor shall designate a member of the board to serve | 225 |
| as chairperson of the board. | 226 |
| The board shall meet at least once annually. The chairperson | 227 |
| shall call special meetings as needed or upon the request of six | 228 |
| members. | 229 |
| Six members of the board constitute a quorum to transact and | 230 |
| vote on all business coming before the board. | 231 |
| Members of the board shall serve without compensation | 232 |
| 233 | |
| 234 |
| The department of health shall provide the board with staff | 235 |
| assistance as requested by the board. | 236 |
| Section 101.02. That existing sections 183.04, 183.05, | 237 |
| 183.30, 3702.72, 3702.73, and 3702.81 of the Revised Code are | 238 |
| hereby repealed. | 239 |
| Section 201.10. All items in Sections 203.10 to 205.10 of | 240 |
| this act are hereby appropriated as designated out of any moneys | 241 |
| in the state treasury to the credit of the designated fund that | 242 |
| are not otherwise appropriated. For all appropriations made in | 243 |
| these sections, those in the first column are for fiscal year 2007 | 244 |
| and those in the second column are for fiscal year 2008. | 245 |
| Section 203.10. ADA DEPARTMENT OF ALCOHOL AND DRUG ADDICTION | 246 |
| SERVICES | 247 |
| Tobacco Master Settlement Agreement Fund Group | 248 | ||||||||||
| L87 | 038-403 | Urban Minority Alcoholism and Drug Abuse Outreach Programs | $ | 500,000 | $ | 500,000 | 249 | ||||
| L87 | 038-405 | Juvenile Offender Aftercare Program | $ | 3,000,000 | $ | 3,000,000 | 250 | ||||
| TOTAL TSF Tobacco Master Settlement Agreement Fund Group | $ | 3,500,000 | $ | 3,500,000 | 251 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 3,500,000 | $ | 3,500,000 | 252 | ||||||
| Section 203.20. AGO ATTORNEY GENERAL | 254 |
| Tobacco Master Settlement Agreement Fund Group | 255 |
| J87 | 055-635 | Law Enforcement Technology, Training, and Facility Enhancements | $ | 620,000 | $ | 0 | 256 | ||||
| U87 | 055-402 | Tobacco Settlement Oversight, Administration, and Enforcement | $ | 673,797 | $ | 723,797 | 257 | ||||
| TOTAL TSF Tobacco Master Settlement Agreement Fund Group | $ | 1,293,797 | $ | 723,797 | 258 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,293,797 | $ | 723,797 | 259 | ||||||
| Section 203.30. DEV DEPARTMENT OF DEVELOPMENT | 261 |
| Tobacco Master Settlement Agreement Fund Group | 262 |
| M87 | 195-435 | Biomedical Research and Technology Transfer | $ | 27,502,244 | $ | 21,416,437 | 263 | ||||
| TOTAL TSF Tobacco Master Settlement Agreement Fund Group | $ | 27,502,244 | $ | 21,416,437 | 264 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 27,502,244 | $ | 21,416,437 | 265 | ||||||
| Section 203.40. ETC ETECH OHIO | 267 |
| Tobacco Master Settlement Agreement Fund Group | 268 |
| S87 | 935-602 | Education Technology Trust Fund | $ | 4,350,000 | $ | 4,350,000 | 269 | ||||
| TOTAL TSF Tobacco Master | 270 | ||||||||||
| Settlement Agreement Fund | 271 | ||||||||||
| Group | $ | 4,350,000 | $ | 4,350,000 | 272 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 4,350,000 | $ | 4,350,000 | 273 | ||||||
| SCHOOLNET PLUS | 274 |
| The eTech Ohio Commission shall distribute SchoolNet Plus | 275 |
| Grants to qualifying school districts in fiscal year 2007 and | 276 |
| fiscal year 2008 to establish and equip at least one interactive | 277 |
| computer workstation for each five children enrolled in the eighth | 278 |
| grade as reported by the school district pursuant to division (A) | 279 |
| of section 3317.03 of the Revised Code. | 280 |
| Districts in the first two quartiles of wealth will receive | 281 |
| up to $128 per pupil for students in the targeted grade to | 282 |
| purchase classroom computers. Districts in the third and fourth | 283 |
| quartiles will receive up to $82 per pupil in the targeted grade. | 284 |
| If a district has met the state's goal of one computer to every | 285 |
| five students in the targeted grade, the district may use the | 286 |
| funds provided through SchoolNet Plus to purchase computers for | 287 |
| successive grades or to fulfill educational technology needs in | 288 |
| other grades as specified in the district's technology plan. | 289 |
| Section 203.50. DOH DEPARTMENT OF HEALTH | 290 |
| Tobacco Master Settlement Agreement Fund Group | 291 |
| L87 | 440-404 | Minority Health Care Data Development | $ | 350,000 | $ | 350,000 | 292 | ||||
| L87 | 440-409 | Tuberculosis Prevention and Treatment | $ | 450,000 | $ | 450,000 | 293 | ||||
| L87 | 440-410 | Hepatitis C Prevention and Intervention | $ | 425,000 | $ | 425,000 | 294 | ||||
| L87 | 440-411 | Dental Care Programs for Minority and Low-Income Populations | $ | 420,000 | $ | 420,000 | 295 | ||||
| L87 | 440-412 | Emergency Medications and Oxygen for Low-Income Seniors | $ | 850,000 | $ | 850,000 | 296 | ||||
| L87 | 440-414 | Uncompensated Care | $ | 3,855,050 | $ | 3,855,050 | 297 | ||||
| L87 | 440-420 | Childhood Lead WIC | $ | 500,000 | $ | 500,000 | 298 | ||||
| L87 | 440-421 | Infant Mortality Reduction Initiative | $ | 266,000 | $ | 266,000 | 299 | ||||
| L87 | 440-432 | Prevnar Vaccines | $ | 4,700,000 | $ | 4,700,000 | 300 | ||||
| TOTAL TSF Tobacco Master | 301 | ||||||||||
| Settlement Agreement Fund | 302 | ||||||||||
| Group | $ | 11,816,050 | $ | 11,816,050 | 303 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 11,816,050 | $ | 11,816,050 | 304 | ||||||
| Section 203.60. MIH COMMISSION ON MINORITY HEALTH | 306 |
| Tobacco Master Settlement Agreement Fund Group | 307 | ||||||||||
| L87 | 149-402 | Minority Health and Academic Partnership Grants | $ | 1,090,000 | $ | 1,090,000 | 308 | ||||
| L87 | 149-403 | Training and Capacity Building | $ | 100,000 | $ | 100,000 | 309 | ||||
| TOTAL TSF Tobacco Master Settlement Agreement Fund Group | $ | 1,190,000 | $ | 1,190,000 | 310 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,190,000 | $ | 1,190,000 | 311 | ||||||
| Section 203.70. DHS DEPARTMENT OF PUBLIC SAFETY | 313 |
| Tobacco Master Settlement Agreement Fund Group | 314 | ||||||||||
| L87 | 767-406 | Under-Age Tobacco Use Enforcement | $ | 610,560 | $ | 610,560 | 315 | ||||
| TOTAL TSF Tobacco Master Settlement Agreement Fund Group | $ | 610,560 | $ | 610,560 | 316 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 610,560 | $ | 610,560 | 317 | ||||||
| Section 203.80. SOA SOUTHERN OHIO AGRICULTURAL AND COMMUNITY | 319 |
| DEVELOPMENT FOUNDATION | 320 |
| Tobacco Master Settlement Agreement Fund Group | 321 |
| 5M9 | 945-601 | Operating Expenses | $ | 456,942 | $ | 475,220 | 322 | ||||
| K87 | 945-602 | Southern Ohio Agricultural and Community Development Foundation | $ | 13,150,375 | $ | 7,513,251 | 323 | ||||
| TOTAL TSF Tobacco Master | 324 | ||||||||||
| Settlement Agreement Fund | 325 | ||||||||||
| Group | $ | 13,607,317 | $ | 7,988,471 | 326 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 13,607,317 | $ | 7,988,471 | 327 | ||||||
| Section 203.90. TAX DEPARTMENT OF TAXATION | 329 |
| Tobacco Master Settlement Agreement Fund Group | 330 | ||||||||||
| T87 | 110-402 | Tobacco Settlement Enforcement | $ | 328,034 | $ | 328,034 | 331 | ||||
| TOTAL TSF Tobacco Master Settlement Agreement Fund Group | $ | 328,034 | $ | 328,034 | 332 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 328,034 | $ | 328,034 | 333 | ||||||
| Section 205.10. TUP TOBACCO USE PREVENTION AND CONTROL | 335 |
| FOUNDATION | 336 |
| Tobacco Master Settlement Agreement Fund Group | 337 | ||||||||||
| 5M8 | 940-601 | Operating Expenses | $ | 1,659,091 | $ | 1,717,159 | 338 | ||||
| TOTAL TSF Tobacco Master Settlement Agreement Fund Group | $ | 1,659,091 | $ | 1,717,159 | 339 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,659,091 | $ | 1,717,159 | 340 | ||||||
| Section 207.10. All items set forth in this section are | 342 |
| hereby appropriated out of any moneys in the state treasury to the | 343 |
| credit of the Education Facilities Trust Fund (Fund N87) that are | 344 |
| not otherwise appropriated. | 345 |
| Appropriations |
| 346 |
| CAP-780 | Classroom Facilities Assistance Program | $ | 648,500,000 | 347 | |||
| Total School Facilities Commission | $ | 648,500,000 | 348 | ||||
| TOTAL Education Facilities Trust Fund | $ | 648,500,000 | 349 | ||||
| Section 207.13. Section 207.10 of this act shall remain in | 351 |
| full force and effect commencing on July 1, 2006, and terminating | 352 |
| on June 30, 2008, for the purpose of drawing money from the state | 353 |
| treasury in payment of liabilities lawfully incurred thereunder, | 354 |
| and on June 30, 2008, and not before, the moneys appropriated | 355 |
| thereby shall lapse into the funds from which they are severally | 356 |
| appropriated. | 357 |
| The appropriations made in Section 207.10 of this act are | 358 |
| subject to all provisions of the capital appropriations act | 359 |
| governing the 2006-2008 biennium that are generally applicable to | 360 |
| such appropriations. Expenditures from appropriations contained in | 361 |
| Section 207.10 of this act shall be accounted for as though made | 362 |
| in the capital appropriations act governing the 2006-2008 | 363 |
| biennium. | 364 |
| Section 209.10. All items set forth in this section are | 365 |
| hereby appropriated in fiscal year 2007 for emergency repairs to | 366 |
| Ohio Historical Society sites out of any moneys in the state | 367 |
| treasury to the credit of the Cultural and Sports Facilities | 368 |
| Building Fund (Fund 030) that are not otherwise appropriated: | 369 |
| 370 |
| CAP-745 | Historic Sites and Museums | $ | 400,000 | 371 | |||
| Total Cultural Facilities Commission | $ | 400,000 | 372 | ||||
| Total Cultural and Sports Facilities Building Fund | $ | 400,000 | 373 | ||||
| Section 209.11. The Treasurer of State is hereby authorized | 375 |
| to issue and sell, in accordance with Section 2o of Article VII, | 376 |
| Ohio Constitution, and pursuant to sections 151.01 and 151.40 of | 377 |
| the Revised Code, original obligations in an aggregate principal | 378 |
| amount not to exceed $400,000, in addition to the original | 379 |
| issuance of obligations heretofore authorized by prior acts of the | 380 |
| General Assembly. These authorized obligations shall be issued and | 381 |
| sold from time to time, subject to applicable constitutional and | 382 |
| statutory limitations, as needed to ensure sufficient moneys to | 383 |
| the credit of the Cultural and Sports Facilities Building Fund | 384 |
| (Fund 030) to pay costs associated with emergency repairs to Ohio | 385 |
| Historical Society sites. | 386 |
| Section 303.03. PERSONAL SERVICE EXPENSES | 387 |
| Unless otherwise prohibited by law, each appropriation in | 388 |
| this act from which personal service expenses are paid shall bear | 389 |
| the employer's share of public employees' retirement, workers' | 390 |
| compensation, disabled workers' relief, and all group insurance | 391 |
| programs; the costs of centralized accounting, centralized payroll | 392 |
| processing, and related personnel reports and services; the cost | 393 |
| of the Office of Collective Bargaining; the cost of the Personnel | 394 |
| Board of Review; the cost of the Employee Assistance Program; the | 395 |
| cost of the Equal Opportunity Center; the costs of interagency | 396 |
| information management infrastructure; and the cost of | 397 |
| administering the state employee merit system as required by | 398 |
| section 124.07 of the Revised Code. Such costs shall be determined | 399 |
| in conformity with appropriate sections of law and paid in | 400 |
| accordance with procedures specified by the Office of Budget and | 401 |
| Management. | 402 |
| Section 303.06. REISSUANCE OF VOIDED WARRANTS | 403 |
| In order to provide funds for the reissuance of voided | 404 |
| warrants pursuant to section 117.47 of the Revised Code, there is | 405 |
| hereby appropriated, out of moneys in the state treasury from the | 406 |
| fund credited as provided in section 117.47 of the Revised Code, | 407 |
| that amount sufficient to pay such warrants when approved by the | 408 |
| Office of Budget and Management. | 409 |
| Section 303.09. REAPPROPRIATION OF UNEXPENDED ENCUMBERED | 410 |
| BALANCES OF OPERATING APPROPRIATIONS | 411 |
| An unexpended balance of an operating appropriation or | 412 |
| reappropriation that a state agency lawfully encumbered prior to | 413 |
| the close of a fiscal year is reappropriated on the first day of | 414 |
| July of the following fiscal year from the fund from which it was | 415 |
| originally appropriated or reappropriated for the following period | 416 |
| and shall remain available only for the purpose of discharging the | 417 |
| encumbrance. | 418 |
| (A) For an encumbrance for personal services, maintenance, | 419 |
| equipment, or items for resale, other than an encumbrance for an | 420 |
| item of special order manufacture not available on term contract | 421 |
| or in the open market or for reclamation of land or oil and gas | 422 |
| wells, for a period of not more than five months from the end of | 423 |
| the fiscal year; | 424 |
| (B) For an encumbrance for an item of special order | 425 |
| manufacture not available on term contract or in the open market, | 426 |
| for a period of not more than five months from the end of the | 427 |
| fiscal year or, with the written approval of the Director of | 428 |
| Budget and Management, for a period of not more than twelve months | 429 |
| from the end of the fiscal year; | 430 |
| (C) For an encumbrance for reclamation of land or oil and gas | 431 |
| wells, for a period ending when the encumbered appropriation is | 432 |
| expended or for a period of two years, whichever is less; | 433 |
| (D) For an encumbrance for any other expense, for such period | 434 |
| as the Director of Budget and Management approves, provided such | 435 |
| period does not exceed two years. | 436 |
| Any operating appropriations for which unexpended balances | 437 |
| are reappropriated beyond a five-month period from the end of the | 438 |
| fiscal year pursuant to division (B) of this section shall be | 439 |
| reported to the Controlling Board by the Director of Budget and | 440 |
| Management by the thirty-first day of December of each year. The | 441 |
| report on each such item shall include the item, the cost of the | 442 |
| item, and the name of the vendor. This report to the Controlling | 443 |
| Board shall be updated on a quarterly basis for encumbrances | 444 |
| remaining open. | 445 |
| Upon the expiration of the reappropriation period set out in | 446 |
| division (A), (B), (C), or (D) of this section, a reappropriation | 447 |
| made pursuant to this section lapses, and the Director of Budget | 448 |
| and Management shall cancel the encumbrance of the unexpended | 449 |
| reappropriation not later than the end of the weekend following | 450 |
| the expiration of the reappropriation period. | 451 |
| Notwithstanding the preceding paragraph, with the approval of | 452 |
| the Director of Budget and Management, an unexpended balance of an | 453 |
| encumbrance that was reappropriated on the first day of July | 454 |
| pursuant to this section for a period specified in division (C) or | 455 |
| (D) of this section and that remains encumbered at the close of | 456 |
| the fiscal biennium is hereby reappropriated pursuant to this | 457 |
| section on the first day of July of the following fiscal biennium | 458 |
| from the fund from which it was originally appropriated or | 459 |
| reappropriated for the applicable period specified in division (C) | 460 |
| or (D) of this section and shall remain available only for the | 461 |
| purpose of discharging the encumbrance. | 462 |
| If the Controlling Board approved a purchase, that approval | 463 |
| remains in effect as long as the appropriation used to make that | 464 |
| purchase remains encumbered. | 465 |
| Section 403.05. That Section 312.27 of Am. Sub. H.B. 66 of | 466 |
| the 126th General Assembly be amended to read as follows: | 467 |
| Sec. 312.27. TRANSFERS TO THE EDUCATION FACILITIES TRUST FUND | 468 |
| Notwithstanding section 183.02 of the Revised Code, after all | 469 |
| transfers from the Tobacco Master Settlement Agreement Fund (Fund | 470 |
| 087) to various other funds of cash that would have otherwise been | 471 |
| transferred to the Tobacco Use Prevention and Cessation Trust Fund | 472 |
| (Fund H87) in fiscal year 2006 have been made, the Director of | 473 |
| Budget and Management shall transfer the remaining balance of the | 474 |
| funds that would otherwise be transferred to the Tobacco Use | 475 |
| Prevention and Cessation Trust Fund in fiscal year 2006 to the | 476 |
| Education Facilities Trust Fund (Fund N87). | 477 |
| Notwithstanding section 183.02 of the Revised Code and | 478 |
| division (B)(3) of Section 206.27 of Am. Sub. H.B. 66 of the 126th | 479 |
| General Assembly, after all transfers from the Tobacco Master | 480 |
| Settlement Agreement Fund (Fund 087) to various other funds of | 481 |
| cash that would have otherwise been transferred to the Tobacco Use | 482 |
| Prevention and Cessation Trust Fund (Fund H87) in fiscal year 2007 | 483 |
| have been made, the Director of Budget and Management shall | 484 |
| transfer the remaining balance of the funds that would otherwise | 485 |
| be transferred to the Tobacco Use Prevention and Cessation Trust | 486 |
| Fund in fiscal year 2007 to the Education Facilities Trust Fund | 487 |
| (Fund N87). | 488 |
| Section 403.06. That existing Section 312.27 of Am. Sub. H.B. | 489 |
| 66 of the 126th General Assembly is hereby repealed. | 490 |
| Section 403.11. That Section 203.09 of Am. Sub. H.B. 66 of | 491 |
| the 126th General Assembly, as amended by Am. Sub. H.B. 530 of the | 492 |
| 126th General Assembly, be amended to read as follows: | 493 |
| Sec. 203.09. ADJ ADJUTANT GENERAL | 494 |
| General Revenue Fund | 495 |
| GRF | 745-401 | Ohio Military Reserve | $ | 15,188 | $ | 15,188 | 496 | ||||
| GRF | 745-404 | Air National Guard | $ | 1,939,762 | $ | 497 | |||||
| GRF | 745-407 | National Guard Benefits | $ | 1,400,000 | $ | 1,400,000 | 498 | ||||
| GRF | 745-409 | Central Administration | $ | 3,949,590 | $ | 499 | |||||
| GRF | 745-499 | Army National Guard | $ | 4,086,222 | $ | 500 | |||||
| GRF | 745-502 | Ohio National Guard Unit Fund | $ | 102,973 | $ | 102,973 | 501 | ||||
| TOTAL GRF General Revenue Fund | $ | 11,493,735 | $ | 502 | |||||||
| General Services Fund Group | 503 |
| 534 | 745-612 | Armory Improvements | $ | 534,304 | $ | 534,304 | 504 | ||||
| 536 | 745-620 | Camp Perry/Buckeye Inn Operations | $ | 1,094,970 | $ | 1,094,970 | 505 | ||||
| 537 | 745-604 | Ohio National Guard Facility Maintenance | $ | 219,826 | $ | 219,826 | 506 | ||||
| TOTAL GSF General Services Fund Group | $ | 1,849,100 | $ | 1,849,100 | 507 | ||||||
| Federal Special Revenue Fund Group | 508 |
| 3E8 | 745-628 | Air National Guard Agreement | $ | 12,174,760 | $ | 12,174,760 | 509 | ||||
| 3R8 | 745-603 | Counter Drug Operations | $ | 25,000 | $ | 25,000 | 510 | ||||
| 341 | 745-615 | Air National Guard Base Security | $ | 2,424,740 | $ | 2,424,740 | 511 | ||||
| 342 | 745-616 | Army National Guard Agreement | $ | 8,686,893 | $ | 8,686,893 | 512 | ||||
| TOTAL FED Federal Special Revenue Fund Group | $ | 23,311,393 | $ | 23,311,393 | 513 | ||||||
| State Special Revenue Fund Group | 514 |
| 5DN | 745-618 | Service Medal Production | $ | 1,500 | $ | 0 | 515 | ||||
| 5U8 | 745-613 | Community Match Armories | $ | 90,000 | $ | 91,800 | 516 | ||||
| 528 | 745-605 | Marksmanship Activities | $ | 126,078 | $ | 128,600 | 517 | ||||
| TOTAL SSR State Special Revenue Fund Group | $ | 217,578 | $ | 220,400 | 518 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 36,871,806 | $ | 519 |
| NATIONAL GUARD BENEFITS | 520 |
| The foregoing appropriation item 745-407, National Guard | 521 |
| Benefits, shall be used for purposes of sections 5919.31 and | 522 |
| 5919.33 of the Revised Code, and for administrative costs of the | 523 |
| associated programs. | 524 |
| For active duty members of the Ohio National Guard who died | 525 |
| after October 7, 2001, while performing active duty, the death | 526 |
| benefit, pursuant to section 5919.33 of the Revised Code, shall be | 527 |
| paid to the beneficiary or beneficiaries designated on the | 528 |
| member's Servicemembers' Group Life Insurance Policy. | 529 |
| STATE ACTIVE DUTY COSTS | 530 |
| Of the foregoing appropriation item 745-409, Central | 531 |
| Administration, $50,000 in each fiscal year shall be used for the | 532 |
| purpose of paying expenses related to state active duty of members | 533 |
| of the Ohio organized militia, in accordance with a proclamation | 534 |
| of the Governor. Expenses include, but are not limited to, the | 535 |
| cost of equipment, supplies, and services, as determined by the | 536 |
| Adjutant General's Department. | 537 |
| NATIONAL GUARD SERVICE MEDAL PRODUCTION | 538 |
| The foregoing appropriation item 745-618, Service Medal | 539 |
| Production, shall be used to cover costs of production of the | 540 |
| Commemorative National Guard Service Medal pursuant to section | 541 |
| 5919.19 of the Revised Code. | 542 |
| CASH TRANSFER TO NATIONAL GUARD SERVICE MEDAL FUND | 543 |
| At the request of the Adjutant General, the Director of | 544 |
| Budget and Management may transfer up to $1,500 cash from the | 545 |
| General Revenue Fund to the National Guard Service Medal Fund | 546 |
| (Fund 5DN) in fiscal year 2006. | 547 |
| Section 403.12. That existing Section 203.09 of Am. Sub. H.B. | 548 |
| 66 of the 126th General Assembly, as amended by Am. Sub. H.B. 530 | 549 |
| of the 126th General Assembly, is hereby repealed. | 550 |
| Section 503.03. The items of law of which the sections of law | 551 |
| contained in this act are composed, and their applications, are | 552 |
| independent and severable. If any item of law that constitutes the | 553 |
| whole or part of a section of law contained in this act, or if any | 554 |
| application of any item of law that constitutes the whole or part | 555 |
| of a section of law contained in this act, is held invalid, the | 556 |
| invalidity does not affect other items of law or applications of | 557 |
| items of law that can be given effect without the invalid item of | 558 |
| law or application. | 559 |
| Section 506.03. An item of law that composes the whole or | 560 |
| part of a section of law contained in this act that makes, or that | 561 |
| provides for funding of, an appropriation or reappropriation of | 562 |
| money has no effect after June 30, 2008, unless its context | 563 |
| clearly indicates otherwise. | 564 |
| Section 509.03. Except as otherwise specifically provided in | 565 |
| this act, the amendment or enactment of the sections of law | 566 |
| contained in this act, and the items of law of which the | 567 |
| amendments or enactments are composed, are not subject to the | 568 |
| referendum. Therefore, under Ohio Constitution, Article II, | 569 |
| Section 1d and section 1.471 of the Revised Code, the amendments | 570 |
| or enactments, and the items of law of which the amendments or | 571 |
| enactments are composed, go into immediate effect when this act | 572 |
| becomes law. | 573 |
| Section 512.03. The amendment or enactment by this act of the | 574 |
| sections of law listed in this section, and the items of law of | 575 |
| which the amendments or enactments are composed, are subject to | 576 |
| the referendum. Therefore, under Ohio Constitution, Article II, | 577 |
| Section 1c and section 1.471 of the Revised Code, the amendments | 578 |
| or enactments, and the items of law of which the amendments or | 579 |
| enactments are composed, take effect on the ninety-first day after | 580 |
| this act is filed with the Secretary of State. If, however, a | 581 |
| referendum petition is filed against any such amendment or | 582 |
| enactment, or against any item of law of which any such amendment | 583 |
| or enactment is composed, the amendment or enactment, or item, | 584 |
| unless rejected at the referendum, takes effect at the earliest | 585 |
| time permitted by law. | 586 |
| Sections 183.04, 183.05, 183.30, 3702.72, 3702.73, and | 587 |
| 3702.81 of the Revised Code. | 588 |