H. B. No. 544 As Introduced

As Introduced

127th General Assembly

Regular Session

2007-2008

H. B. No. 544

Representative Hottinger

A BILL

To amend sections 102.02, 183.021, 183.30, 183.33,

and 2151.87; to enact section 3701.84; to repeal

sections 183.03, 183.04, 183.05, 183.06, 183.061,

183.07, 183.08, 183.09, and 183.10 of the Revised

Code; to repeal Section 3 of Am. S.B. 192 of the

127th General Assembly, to repeal Section 4 of

S.B. 209 of the 127th General Assembly, and to

repeal Section 205.10 of Sub. S.B. 321 of the

126th General Assembly to abolish the Tobacco Use

Prevention and Control Foundation and transfer

certain powers of the Foundation to the Department

of Health, to make an appropriation, and to

declare an emergency.

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

Section 1. That sections 102.02, 183.021, 183.30, 183.33,	14
and 2151.87 be amended and section 3701.84 of the Revised Code be	15
enacted to read as follows:	16

Sec. 102.02. (A) Except as otherwise provided in division	17
(H) of this section, all of the following shall file with the	18
appropriate ethics commission the disclosure statement described	19
in this division on a form prescribed by the appropriate	20
commission: every person who is elected to or is a candidate for a	21
state, county, or city office and every person who is appointed to	22
fill a vacancy for an unexpired term in such an elective office;	23
all members of the state board of education; the director,	24
assistant directors, deputy directors, division chiefs, or persons	25
of equivalent rank of any administrative department of the state;	26
the president or other chief administrative officer of every state	27
institution of higher education as defined in section 3345.011 of	28
the Revised Code; the executive director and the members of the	29
capitol square review and advisory board appointed or employed	30
pursuant to section 105.41 of the Revised Code; the chief	31
executive officer and the members of the board of each state	32
retirement system; each employee of a state retirement board who	33
is a state retirement system investment officer licensed pursuant	34
to section 1707.163 of the Revised Code; the members of the Ohio	35
retirement study council appointed pursuant to division (C) of	36
section 171.01 of the Revised Code; employees of the Ohio	37
retirement study council, other than employees who perform purely	38
administrative or clerical functions; the administrator of	39
workers' compensation and each member of the bureau of workers'	40
compensation board of directors; the bureau of workers'	41
compensation director of investments; the chief investment officer	42
of the bureau of workers' compensation; the director appointed by	43
the workers' compensation council; all members of the board of	44
commissioners on grievances and discipline of the supreme court	45
and the ethics commission created under section 102.05 of the	46
Revised Code; every business manager, treasurer, or superintendent	47
of a city, local, exempted village, joint vocational, or	48
cooperative education school district or an educational service	49
center; every person who is elected to or is a candidate for the	50
office of member of a board of education of a city, local,	51
exempted village, joint vocational, or cooperative education	52
school district or of a governing board of an educational service	53
center that has a total student count of twelve thousand or more	54
as most recently determined by the department of education	55
pursuant to section 3317.03 of the Revised Code; every person who	56
is appointed to the board of education of a municipal school	57
district pursuant to division (B) or (F) of section 3311.71 of the	58
Revised Code; all members of the board of directors of a sanitary	59
district that is established under Chapter 6115. of the Revised	60
Code and organized wholly for the purpose of providing a water	61
supply for domestic, municipal, and public use, and that includes	62
two municipal corporations in two counties; every public official	63
or employee who is paid a salary or wage in accordance with	64
schedule C of section 124.15 or schedule E-2 of section 124.152 of	65
the Revised Code; ~~members of the board of trustees and the~~	66
~~executive director of the tobacco use prevention and control~~	67
~~foundation;~~ members of the board of trustees and the executive	68
director of the southern Ohio agricultural and community	69
development foundation; and every other public official or	70
employee who is designated by the appropriate ethics commission	71
pursuant to division (B) of this section.	72

The disclosure statement shall include all of the following:

(1) The name of the person filing the statement and each	74
member of the person's immediate family and all names under which	75
the person or members of the person's immediate family do	76
business;	77

(2)(a) Subject to divisions (A)(2)(b) and (c) of this section	78
and except as otherwise provided in section 102.022 of the Revised	79
Code, identification of every source of income, other than income	80
from a legislative agent identified in division (A)(2)(b) of this	81
section, received during the preceding calendar year, in the	82
person's own name or by any other person for the person's use or	83
benefit, by the person filing the statement, and a brief	84
description of the nature of the services for which the income was	85
received. If the person filing the statement is a member of the	86
general assembly, the statement shall identify the amount of every	87
source of income received in accordance with the following ranges	88
of amounts: zero or more, but less than one thousand dollars; one	89
thousand dollars or more, but less than ten thousand dollars; ten	90
thousand dollars or more, but less than twenty-five thousand	91
dollars; twenty-five thousand dollars or more, but less than fifty	92
thousand dollars; fifty thousand dollars or more, but less than	93
one hundred thousand dollars; and one hundred thousand dollars or	94
more. Division (A)(2)(a) of this section shall not be construed to	95
require a person filing the statement who derives income from a	96
business or profession to disclose the individual items of income	97
that constitute the gross income of that business or profession,	98
except for those individual items of income that are attributable	99
to the person's or, if the income is shared with the person, the	100
partner's, solicitation of services or goods or performance,	101
arrangement, or facilitation of services or provision of goods on	102
behalf of the business or profession of clients, including	103
corporate clients, who are legislative agents. A person who files	104
the statement under this section shall disclose the identity of	105
and the amount of income received from a person who the public	106
official or employee knows or has reason to know is doing or	107
seeking to do business of any kind with the public official's or	108
employee's agency.	109

(b) If the person filing the statement is a member of the	110
general assembly, the statement shall identify every source of	111
income and the amount of that income that was received from a	112
legislative agent during the preceding calendar year, in the	113
person's own name or by any other person for the person's use or	114
benefit, by the person filing the statement, and a brief	115
description of the nature of the services for which the income was	116
received. Division (A)(2)(b) of this section requires the	117
disclosure of clients of attorneys or persons licensed under	118
section 4732.12 of the Revised Code, or patients of persons	119
certified under section 4731.14 of the Revised Code, if those	120
clients or patients are legislative agents. Division (A)(2)(b) of	121
this section requires a person filing the statement who derives	122
income from a business or profession to disclose those individual	123
items of income that constitute the gross income of that business	124
or profession that are received from legislative agents.	125

(c) Except as otherwise provided in division (A)(2)(c) of	126
this section, division (A)(2)(a) of this section applies to	127
attorneys, physicians, and other persons who engage in the	128
practice of a profession and who, pursuant to a section of the	129
Revised Code, the common law of this state, a code of ethics	130
applicable to the profession, or otherwise, generally are required	131
not to reveal, disclose, or use confidences of clients, patients,	132
or other recipients of professional services except under	133
specified circumstances or generally are required to maintain	134
those types of confidences as privileged communications except	135
under specified circumstances. Division (A)(2)(a) of this section	136
does not require an attorney, physician, or other professional	137
subject to a confidentiality requirement as described in division	138
(A)(2)(c) of this section to disclose the name, other identity, or	139
address of a client, patient, or other recipient of professional	140
services if the disclosure would threaten the client, patient, or	141
other recipient of professional services, would reveal details of	142
the subject matter for which legal, medical, or professional	143
advice or other services were sought, or would reveal an otherwise	144
privileged communication involving the client, patient, or other	145
recipient of professional services. Division (A)(2)(a) of this	146
section does not require an attorney, physician, or other	147
professional subject to a confidentiality requirement as described	148
in division (A)(2)(c) of this section to disclose in the brief	149
description of the nature of services required by division	150
(A)(2)(a) of this section any information pertaining to specific	151
professional services rendered for a client, patient, or other	152
recipient of professional services that would reveal details of	153
the subject matter for which legal, medical, or professional	154
advice was sought or would reveal an otherwise privileged	155
communication involving the client, patient, or other recipient of	156
professional services.	157

(3) The name of every corporation on file with the secretary	158
of state that is incorporated in this state or holds a certificate	159
of compliance authorizing it to do business in this state, trust,	160
business trust, partnership, or association that transacts	161
business in this state in which the person filing the statement or	162
any other person for the person's use and benefit had during the	163
preceding calendar year an investment of over one thousand dollars	164
at fair market value as of the thirty-first day of December of the	165
preceding calendar year, or the date of disposition, whichever is	166
earlier, or in which the person holds any office or has a	167
fiduciary relationship, and a description of the nature of the	168
investment, office, or relationship. Division (A)(3) of this	169
section does not require disclosure of the name of any bank,	170
savings and loan association, credit union, or building and loan	171
association with which the person filing the statement has a	172
deposit or a withdrawable share account.	173

(4) All fee simple and leasehold interests to which the	174
person filing the statement holds legal title to or a beneficial	175
interest in real property located within the state, excluding the	176
person's residence and property used primarily for personal	177
recreation;	178

(5) The names of all persons residing or transacting business	179
in the state to whom the person filing the statement owes, in the	180
person's own name or in the name of any other person, more than	181
one thousand dollars. Division (A)(5) of this section shall not be	182
construed to require the disclosure of debts owed by the person	183
resulting from the ordinary conduct of a business or profession or	184
debts on the person's residence or real property used primarily	185
for personal recreation, except that the superintendent of	186
financial institutions shall disclose the names of all	187
state-chartered savings and loan associations and of all service	188
corporations subject to regulation under division (E)(2) of	189
section 1151.34 of the Revised Code to whom the superintendent in	190
the superintendent's own name or in the name of any other person	191
owes any money, and that the superintendent and any deputy	192
superintendent of banks shall disclose the names of all	193
state-chartered banks and all bank subsidiary corporations subject	194
to regulation under section 1109.44 of the Revised Code to whom	195
the superintendent or deputy superintendent owes any money.	196

(6) The names of all persons residing or transacting business	197
in the state, other than a depository excluded under division	198
(A)(3) of this section, who owe more than one thousand dollars to	199
the person filing the statement, either in the person's own name	200
or to any person for the person's use or benefit. Division (A)(6)	201
of this section shall not be construed to require the disclosure	202
of clients of attorneys or persons licensed under section 4732.12	203
or 4732.15 of the Revised Code, or patients of persons certified	204
under section 4731.14 of the Revised Code, nor the disclosure of	205
debts owed to the person resulting from the ordinary conduct of a	206
business or profession.	207

(7) Except as otherwise provided in section 102.022 of the	208
Revised Code, the source of each gift of over seventy-five	209
dollars, or of each gift of over twenty-five dollars received by a	210
member of the general assembly from a legislative agent, received	211
by the person in the person's own name or by any other person for	212
the person's use or benefit during the preceding calendar year,	213
except gifts received by will or by virtue of section 2105.06 of	214
the Revised Code, or received from spouses, parents, grandparents,	215
children, grandchildren, siblings, nephews, nieces, uncles, aunts,	216
brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law,	217
fathers-in-law, mothers-in-law, or any person to whom the person	218
filing the statement stands in loco parentis, or received by way	219
of distribution from any inter vivos or testamentary trust	220
established by a spouse or by an ancestor;	221

(8) Except as otherwise provided in section 102.022 of the	222
Revised Code, identification of the source and amount of every	223
payment of expenses incurred for travel to destinations inside or	224
outside this state that is received by the person in the person's	225
own name or by any other person for the person's use or benefit	226
and that is incurred in connection with the person's official	227
duties, except for expenses for travel to meetings or conventions	228
of a national or state organization to which any state agency,	229
including, but not limited to, any legislative agency or state	230
institution of higher education as defined in section 3345.011 of	231
the Revised Code, pays membership dues, or any political	232
subdivision or any office or agency of a political subdivision	233
pays membership dues;	234

(9) Except as otherwise provided in section 102.022 of the	235
Revised Code, identification of the source of payment of expenses	236
for meals and other food and beverages, other than for meals and	237
other food and beverages provided at a meeting at which the person	238
participated in a panel, seminar, or speaking engagement or at a	239
meeting or convention of a national or state organization to which	240
any state agency, including, but not limited to, any legislative	241
agency or state institution of higher education as defined in	242
section 3345.011 of the Revised Code, pays membership dues, or any	243
political subdivision or any office or agency of a political	244
subdivision pays membership dues, that are incurred in connection	245
with the person's official duties and that exceed one hundred	246
dollars aggregated per calendar year;	247

(10) If the disclosure statement is filed by a public	248
official or employee described in division (B)(2) of section	249
101.73 of the Revised Code or division (B)(2) of section 121.63 of	250
the Revised Code who receives a statement from a legislative	251
agent, executive agency lobbyist, or employer that contains the	252
information described in division (F)(2) of section 101.73 of the	253
Revised Code or division (G)(2) of section 121.63 of the Revised	254
Code, all of the nondisputed information contained in the	255
statement delivered to that public official or employee by the	256
legislative agent, executive agency lobbyist, or employer under	257
division (F)(2) of section 101.73 or (G)(2) of section 121.63 of	258
the Revised Code.	259

A person may file a statement required by this section in	260
person or by mail. A person who is a candidate for elective office	261
shall file the statement no later than the thirtieth day before	262
the primary, special, or general election at which the candidacy	263
is to be voted on, whichever election occurs soonest, except that	264
a person who is a write-in candidate shall file the statement no	265
later than the twentieth day before the earliest election at which	266
the person's candidacy is to be voted on. A person who holds	267
elective office shall file the statement on or before the	268
fifteenth day of April of each year unless the person is a	269
candidate for office. A person who is appointed to fill a vacancy	270
for an unexpired term in an elective office shall file the	271
statement within fifteen days after the person qualifies for	272
office. Other persons shall file an annual statement on or before	273
the fifteenth day of April or, if appointed or employed after that	274
date, within ninety days after appointment or employment. No	275
person shall be required to file with the appropriate ethics	276
commission more than one statement or pay more than one filing fee	277
for any one calendar year.	278

The appropriate ethics commission, for good cause, may extend	279
for a reasonable time the deadline for filing a statement under	280
this section.	281

A statement filed under this section is subject to public	282
inspection at locations designated by the appropriate ethics	283
commission except as otherwise provided in this section.	284

(B) The Ohio ethics commission, the joint legislative ethics	285
committee, and the board of commissioners on grievances and	286
discipline of the supreme court, using the rule-making procedures	287
of Chapter 119. of the Revised Code, may require any class of	288
public officials or employees under its jurisdiction and not	289
specifically excluded by this section whose positions involve a	290
substantial and material exercise of administrative discretion in	291
the formulation of public policy, expenditure of public funds,	292
enforcement of laws and rules of the state or a county or city, or	293
the execution of other public trusts, to file an annual statement	294
on or before the fifteenth day of April under division (A) of this	295
section. The appropriate ethics commission shall send the public	296
officials or employees written notice of the requirement by the	297
fifteenth day of February of each year the filing is required	298
unless the public official or employee is appointed after that	299
date, in which case the notice shall be sent within thirty days	300
after appointment, and the filing shall be made not later than	301
ninety days after appointment.	302

Except for disclosure statements filed by ~~members of the~~	303
~~board of trustees and the executive director of the tobacco use~~	304
~~prevention and control foundation and~~ members of the board of	305
trustees and the executive director of the southern Ohio	306
agricultural and community development foundation, disclosure	307
statements filed under this division with the Ohio ethics	308
commission by members of boards, commissions, or bureaus of the	309
state for which no compensation is received other than reasonable	310
and necessary expenses shall be kept confidential. Disclosure	311
statements filed with the Ohio ethics commission under division	312
(A) of this section by business managers, treasurers, and	313
superintendents of city, local, exempted village, joint	314
vocational, or cooperative education school districts or	315
educational service centers shall be kept confidential, except	316
that any person conducting an audit of any such school district or	317
educational service center pursuant to section 115.56 or Chapter	318
117. of the Revised Code may examine the disclosure statement of	319
any business manager, treasurer, or superintendent of that school	320
district or educational service center. The Ohio ethics commission	321
shall examine each disclosure statement required to be kept	322
confidential to determine whether a potential conflict of interest	323
exists for the person who filed the disclosure statement. A	324
potential conflict of interest exists if the private interests of	325
the person, as indicated by the person's disclosure statement,	326
might interfere with the public interests the person is required	327
to serve in the exercise of the person's authority and duties in	328
the person's office or position of employment. If the commission	329
determines that a potential conflict of interest exists, it shall	330
notify the person who filed the disclosure statement and shall	331
make the portions of the disclosure statement that indicate a	332
potential conflict of interest subject to public inspection in the	333
same manner as is provided for other disclosure statements. Any	334
portion of the disclosure statement that the commission determines	335
does not indicate a potential conflict of interest shall be kept	336
confidential by the commission and shall not be made subject to	337
public inspection, except as is necessary for the enforcement of	338
Chapters 102. and 2921. of the Revised Code and except as	339
otherwise provided in this division.	340

(C) No person shall knowingly fail to file, on or before the	341
applicable filing deadline established under this section, a	342
statement that is required by this section.	343

(D) No person shall knowingly file a false statement that is	344
required to be filed under this section.	345

(E)(1) Except as provided in divisions (E)(2) and (3) of this	346
section, the statement required by division (A) or (B) of this	347
section shall be accompanied by a filing fee of forty dollars.	348

(2) The statement required by division (A) of this section	349
shall be accompanied by the following filing fee to be paid by the	350
person who is elected or appointed to, or is a candidate for, any	351
of the following offices:	352

For state office, except member of the		353
state board of education	$65	354
For office of member of general assembly	$40	355
For county office	$40	356
For city office	$25	357
For office of member of the state board		358
of education	$25	359
For office of member of a city, local,		360
exempted village, or cooperative		361
education board of		362
education or educational service		363
center governing board	$20	364
For position of business manager,		365
treasurer, or superintendent of a		366
city, local, exempted village, joint		367
vocational, or cooperative education		368
school district or		369
educational service center	$20	370

(3) No judge of a court of record or candidate for judge of a	371
court of record, and no referee or magistrate serving a court of	372
record, shall be required to pay the fee required under division	373
(E)(1) or (2) or (F) of this section.	374

(4) For any public official who is appointed to a nonelective	375
office of the state and for any employee who holds a nonelective	376
position in a public agency of the state, the state agency that is	377
the primary employer of the state official or employee shall pay	378
the fee required under division (E)(1) or (F) of this section.	379

(F) If a statement required to be filed under this section is	380
not filed by the date on which it is required to be filed, the	381
appropriate ethics commission shall assess the person required to	382
file the statement a late filing fee of ten dollars for each day	383
the statement is not filed, except that the total amount of the	384
late filing fee shall not exceed two hundred fifty dollars.	385

(G)(1) The appropriate ethics commission other than the Ohio	386
ethics commission shall deposit all fees it receives under	387
divisions (E) and (F) of this section into the general revenue	388
fund of the state.	389

(2) The Ohio ethics commission shall deposit all receipts,	390
including, but not limited to, fees it receives under divisions	391
(E) and (F) of this section and all moneys it receives from	392
settlements under division (G) of section 102.06 of the Revised	393
Code, into the Ohio ethics commission fund, which is hereby	394
created in the state treasury. All moneys credited to the fund	395
shall be used solely for expenses related to the operation and	396
statutory functions of the commission.	397

(H) Division (A) of this section does not apply to a person	398
elected or appointed to the office of precinct, ward, or district	399
committee member under Chapter 3517. of the Revised Code; a	400
presidential elector; a delegate to a national convention; village	401
or township officials and employees; any physician or psychiatrist	402
who is paid a salary or wage in accordance with schedule C of	403
section 124.15 or schedule E-2 of section 124.152 of the Revised	404
Code and whose primary duties do not require the exercise of	405
administrative discretion; or any member of a board, commission,	406
or bureau of any county or city who receives less than one	407
thousand dollars per year for serving in that position.	408

Sec. 183.021. (A) No money from the tobacco master	409
settlement agreement fund, as that fund existed prior to the	410
repeal of section 183.02 of the Revised Code by H.B. 119 of the	411
127th general assembly, shall be expended to do any of the	412
following:	413

(1) Hire an executive agency lobbyist, as defined under	414
section 121.60 of the Revised Code, or a legislative agent, as	415
defined under section 101.70 of the Revised Code;	416

(2) Support or oppose candidates, ballot questions,	417
referendums, or ballot initiatives.	418

(B) Nothing in this section prohibits ~~any~~either of the	419
following from advocating on behalf of the specific objectives of	420
a program funded under this chapter:	421

(1) ~~The members of the board of trustees, executive director,~~	422
~~or employees of the tobacco use prevention and control foundation;~~	423

~~(2)~~ The members of the board of trustees, executive director,	424
or employees of the southern Ohio agricultural and community	425
development foundation;	426

~~(3)~~(2) The members or employees of the third frontier	427
commission or the members of the third frontier advisory board.	428

Sec. 183.30. (A) ~~Except as provided in division (D) of this~~	429
~~section, no more than five per cent of the total disbursements,~~	430
~~encumbrances, and obligations of the tobacco use prevention and~~	431
~~control foundation in a fiscal year shall be for administrative~~	432
~~expenses of the foundation in the same fiscal year.~~	433

~~(B)~~ Except as provided in division ~~(D)~~(C) of this section, no	434
more than five per cent of the total disbursements, encumbrances,	435
and obligations of the southern Ohio agricultural and community	436
development foundation in a fiscal year shall be for	437
administrative expenses of the foundation in the same fiscal year.	438

~~(C)~~(B) Except as provided in division ~~(D)~~(C) of this section,	439
no more than five per cent of the total disbursements,	440
encumbrances, and obligations of the biomedical research and	441
technology transfer trust fund in a fiscal year shall be for	442
expenses relating to the administration of the trust fund by the	443
third frontier commission in the same fiscal year.	444

~~(D)~~(C) This section's five per cent limitation on	445
administrative expenses does not apply to any fiscal year for	446
which the controlling board approves a spending plan that the	447
foundation or commission submits to the board.	448

Sec. 183.33. No money shall be appropriated or transferred	449
from the general revenue fund to the ~~tobacco use prevention and~~	450
~~cessation trust fund, tobacco use prevention and control~~	451
~~endowment fund,~~ law enforcement improvements trust fund, southern	452
Ohio agricultural and community development trust fund, southern	453
Ohio agricultural and community development foundation endowment	454
fund, Ohio's public health priorities trust fund, biomedical	455
research and technology transfer trust fund, education facilities	456
trust fund, or education technology trust fund. ~~In addition, no~~	457
~~money shall be otherwise appropriated or transferred from the~~	458
~~general revenue fund for the use of the tobacco use prevention and~~	459
~~control foundation.~~	460

Sec. 2151.87. (A) As used in this section:

461

(1) "Cigarette" and "tobacco product" have the same meanings	462
as in section 2927.02 of the Revised Code.	463

(2) "Youth smoking education program" means a private or	464
public agency program that is related to tobacco use, prevention,	465
and cessation, that is carried out or funded by the ~~tobacco use~~	466
~~prevention and control foundation~~department of health pursuant to	467
section ~~183.07~~3701.84 of the Revised Code, that utilizes	468
educational methods focusing on the negative health effects of	469
smoking and using tobacco products, and that is not more than	470
twelve hours in duration.	471

(B) No child shall do any of the following unless accompanied	472
by a parent, spouse who is eighteen years of age or older, or	473
legal guardian of the child:	474

(1) Use, consume, or possess cigarettes, other tobacco	475
products, or papers used to roll cigarettes;	476

(2) Purchase or attempt to purchase cigarettes, other tobacco	477
products, or papers used to roll cigarettes;	478

(3) Order, pay for, or share the cost of cigarettes, other	479
tobacco products, or papers used to roll cigarettes;	480

(4) Except as provided in division (E) of this section,	481
accept or receive cigarettes, other tobacco products, or papers	482
used to roll cigarettes.	483

(C) No child shall knowingly furnish false information	484
concerning that child's name, age, or other identification for the	485
purpose of obtaining cigarettes, other tobacco products, or papers	486
used to roll cigarettes.	487

(D) A juvenile court shall not adjudicate a child a	488
delinquent or unruly child for a violation of division (B)(1),	489
(2), (3), or (4) or (C) of this section.	490

(E)(1) It is not a violation of division (B)(4) of this	491
section for a child to accept or receive cigarettes, other tobacco	492
products, or papers used to roll cigarettes if the child is	493
required to do so in the performance of the child's duties as an	494
employee of that child's employer and the child's acceptance or	495
receipt of cigarettes, other tobacco products, or papers used to	496
roll cigarettes occurs exclusively within the scope of the child's	497
employment.	498

(2) It is not a violation of division (B)(1), (2), (3), or	499
(4) of this section if the child possesses, purchases or attempts	500
to purchase, orders, pays for, shares the cost of, or accepts or	501
receives cigarettes, other tobacco products, or papers used to	502
roll cigarettes while participating in an inspection or compliance	503
check conducted by a federal, state, local, or corporate entity at	504
a location at which cigarettes, other tobacco products, or papers	505
used to roll cigarettes are sold or distributed.	506

(3) It is not a violation of division (B)(1) or (4) of this	507
section for a child to accept, receive, use, consume, or possess	508
cigarettes, other tobacco products, or papers used to roll	509
cigarettes while participating in a research protocol if all of	510
the following apply:	511

(a) The parent, guardian, or legal custodian of the child has	512
consented in writing to the child participating in the research	513
protocol.	514

(b) An institutional human subjects protection review board,	515
or an equivalent entity, has approved the research protocol.	516

(c) The child is participating in the research protocol at	517
the facility or location specified in the research protocol.	518

(F) If a juvenile court finds that a child violated division	519
(B)(1), (2), (3), or (4) or (C) of this section, the court may do	520
either or both of the following:	521

(1) Require the child to attend a youth smoking education	522
program or other smoking treatment program approved by the court,	523
if one is available;	524

(2) Impose a fine of not more than one hundred dollars.

525

(G) If a child disobeys a juvenile court order issued	526
pursuant to division (F) of this section, the court may do any or	527
all of the following:	528

(1) Increase the fine imposed upon the child under division	529
(F)(2) of this section;	530

(2) Require the child to perform not more than twenty hours	531
of community service;	532

(3) Suspend for a period of thirty days the temporary	533
instruction permit, probationary driver's license, or driver's	534
license issued to the child.	535

(H) A child alleged or found to have violated division (B) or	536
(C) of this section shall not be detained under any provision of	537
this chapter or any other provision of the Revised Code.	538

Sec. 3701.84. The department of health may prepare a plan to	539
reduce tobacco use by Ohioans, with emphasis on reducing the use	540
of tobacco by youth, minority and regional populations, pregnant	541
women, and others who may be disproportionately affected by the	542
use of tobacco. The plan may provide for periodic surveys to	543
measure tobacco use and behavior toward tobacco use by Ohioans. If	544
the department prepares a plan, copies of the plan shall be	545
available to the public.	546

The plan may also describe youth tobacco consumption	547
prevention programs to be eligible for consideration for grants	548
from the department and may set forth the criteria by which	549
applications for grants for such programs will be considered by	550
the department. Programs eligible for consideration may include:	551

(A) Media campaigns directed to youth to prevent underage	552
tobacco consumption;	553

(B) School-based education programs to prevent youth tobacco	554
consumption;	555

(C) Community-based youth programs involving youth tobacco	556
consumption prevention through general youth development;	557

(D) Retailer education and compliance efforts to prevent	558
youth tobacco consumption;	559

(E) Mentoring programs designed to prevent or reduce tobacco	560
use by students.	561

Pursuant to the plan, the department may carry out, or	562
provide funding for private or public agencies to carry out,	563
research and programs related to tobacco use prevention and	564
cessation. If the department provides such funding, the department	565
shall establish an objective process to determine which research	566
and program proposals to fund. When appropriate, proposals for	567
research shall be peer-reviewed. No program shall be carried out	568
or funded by the department unless there is research that	569
indicates that the program is likely to achieve the results	570
desired. All research and programs funded by the department shall	571
be goal-oriented and independently and objectively evaluated	572
annually on whether it is meeting its goals. The department shall	573
contract for such evaluations and shall adopt rules under Chapter	574
119. of the Revised Code regarding conflicts of interest in the	575
research and programs it funds.	576

The department shall endeavor to coordinate its research and	577
programs with the efforts of other agencies of this state to	578
reduce tobacco use by Ohioans. Any state agency that conducts a	579
survey that measures tobacco use or behavior toward tobacco use by	580
Ohioans shall share the results of the survey with the department.	581

The department may adopt rules under Chapter 119. of the	582
Revised Code as necessary to implement this section.	583

Section 2. That existing sections 102.02, 183.021, 183.30,	584
183.33, and 2151.87 and sections 183.03, 183.04, 183.05, 183.06,	585
183.061, 183.07, 183.08, 183.09, and 183.10 of the Revised Code	586
are hereby repealed.	587

Section 3. Upon the effective date of this section, the	588
Tobacco Use Prevention and Control Foundation is abolished.	589

No validation, cure, right, privilege, remedy, obligation, or	590
liability is lost or impaired by reason of the abolition of the	591
Foundation and any such matter shall be administered by the	592
Department of Health. No action or proceeding pending on the	593
effective date of this act is affected by the abolition of the	594
Foundation, and all such matters shall be prosecuted or defended	595
in the name of the Department or the Director of Health. In all	596
such actions and proceedings, the Department or the Director,	597
upon application to the court, shall be substituted as a party.	598

Section 4. Notwithstanding any provision of law to the	599
contrary, on the effective date of this section, the Treasurer of	600
State shall liquidate the Tobacco Use Prevention and Control	601
Foundation Endowment Fund created by section 183.08 of the Revised	602
Code in a prudent manner. The Treasurer of State shall deposit	603
into the state treasury to the credit of the Tobacco Use	604
Prevention Fund (Fund 5BX0), which is hereby created, the lesser	605
of $40 million or 14.8 per cent of the proceeds from liquidation.	606
The Treasurer of State shall deposit the remaining proceeds from	607
liquidation into the state treasury to the credit of the Jobs Fund	608
(Fund 5Z30), which is hereby created.	609

Section 5. All items in this act are hereby appropriated as	610
designated out of any moneys in the state treasury to the credit	611
of the Tobacco Use Prevention Fund (Fund 5BX0). For all	612
appropriations made in this act, those in the first column are for	613
fiscal year 2008 and those in the second column are for fiscal	614
year 2009. The appropriations made in this act are in addition to	615
any other appropriations made for the FY 2008 - FY 2009 biennium.	616

DOH DEPARTMENT OF HEALTH	617

Appropriations

Tobacco Use Prevention Fund	618

5BX0	440656	Tobacco Use Prevention	$	40,000,000	$	619
TOTAL SSR State Special Revenue			$	40,000,000	$	620
TOTAL ALL BUDGET FUND GROUPS			$	40,000,000	$	621

TOBACCO USE PREVENTION

622

The foregoing appropriation item 440656, Tobacco Use	623
Prevention, shall be used by the Director of Health to first pay	624
all contractual or other legally binding obligations that were	625
entered into by the Tobacco Use Prevention and Control Foundation	626
on or before the effective date of this section. Any remaining	627
funds may be used by the Director of Health to carry out functions	628
specified in section 3701.84 of the Revised Code.	629

An amount equal to the unexpended, unencumbered portion of	630
the foregoing appropriation item 440656, Tobacco Use Prevention,	631
at the end of fiscal year 2008 is hereby reappropriated to the	632
Department of Health for the same purpose for fiscal year 2009.	633

Within the limits set forth in this act, the Director of	634
Budget and Management shall establish accounts indicating the	635
source and amount of funds for each appropriation made in this	636
act, and shall determine the form and manner in which	637
appropriation accounts shall be maintained. Expenditures from	638
appropriations contained in this act shall be accounted for as	639
though made in Am. Sub. H.B. 119 of the 127th General Assembly.	640

The appropriations made in this act are subject to all	641
provisions of Am. Sub. H.B. 119 of the 127th General Assembly that	642
are generally applicable to such appropriations.	643

Section 6. On the effective date of this section, or as soon	644
thereafter as possible, the Director of Budget and Management	645
shall transfer the cash balance in the Operating Expenses Fund	646
(Fund 5M80), to the Tobacco Use Prevention Fund (Fund 5BX0). Upon	647
completion of the transfer the Operating Expenses Fund (Fund 5M80)	648
is abolished. The Director shall cancel any existing encumbrances	649
against appropriation item 940601, Operating Expenses, and	650
reestablish them against appropriation item 440656, Tobacco Use	651
Prevention. The amounts of the reestablished encumbrances are	652
hereby appropriated.	653

Section 7. That Section 3 of Am. S.B. 192 of the 127th	654
General Assembly is hereby repealed.	655

Section 8. That Section 4 of Sub. S.B. 209 of the 127th	656
General Assembly is hereby repealed.	657

Section 9. That Section 205.10 of Sub. S.B. 321 of the 126th	658
General Assembly is hereby repealed.	659

Section 10. This act is hereby declared to be an emergency	660
measure necessary for the immediate preservation of the public	661
peace, health, and safety. The reason for such necessity is to use	662
state funds in a manner that allows the Department of Health to	663
promote a reduction in tobacco use and to increase employment and	664
job security. Therefore, this act shall go into immediate effect.	665