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 |
(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 |
(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 |
(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 |
(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 |
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 |
(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 |
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 |
Sec. 3701.841. The tobacco use prevention fund is hereby | 584 |
created in the state treasury. The fund shall consist of money | 585 |
deposited by the treasurer of state into the fund from the | 586 |
liquidation, pursuant to Sub. H.B. 544 of the 127th general | 587 |
assembly, of the former tobacco use prevention and control | 588 |
endowment fund and any gifts, grants, or donations received by the | 589 |
director of health for the purposes of the tobacco use prevention | 590 |
fund. All investment earnings of the fund shall be credited to the | 591 |
fund. The treasurer, in consultation with the director, may invest | 592 |
moneys in the fund in accordance with section 135.143 of the | 593 |
Revised Code. Moneys in the fund shall be used to pay outstanding | 594 |
expenses of the former tobacco use prevention and control | 595 |
foundation at the discretion of the director of health pursuant to | 596 |
Sub. H.B. 544 of the 127th general assembly and shall be used in | 597 |
accordance with section 3701.84 of the Revised Code. | 598 |
No validation, cure, right, privilege, remedy, obligation, or | 605 |
liability is lost or impaired by reason of the abolition of the | 606 |
Foundation and any such matter shall be administered by the | 607 |
Department of Health. No action
or proceeding pending on the | 608 |
effective date of this act is
affected by the abolition of the | 609 |
Foundation, and all such matters shall be
prosecuted or defended | 610 |
in the name of the Department or
the Director of Health. In all | 611 |
such actions and proceedings, the
Department or the Director, | 612 |
upon application
to the court, shall be substituted as a party. | 613 |
Section 4. Notwithstanding any provision of law to the | 614 |
contrary, on the effective date of this section, the Treasurer of | 615 |
State shall liquidate the Tobacco Use Prevention and Control | 616 |
Foundation Endowment Fund created by section 183.08 of the Revised | 617 |
Code in a prudent manner. The Treasurer of State shall deposit | 618 |
into the state treasury to the credit of the Tobacco Use | 619 |
Prevention Fund (Fund 5BX0), which is created in section 3701.841 | 620 |
of the Revised Code, the lesser
of $40 million or 14.8 per cent | 621 |
of the proceeds from liquidation.
The Treasurer of State shall | 622 |
deposit the remaining proceeds from
liquidation into the state | 623 |
treasury to the credit of the Jobs Fund
(Fund 5Z30), which is | 624 |
hereby created. | 625 |
Section 7. On the effective date of this section, or as soon | 670 |
thereafter as possible, the Director of Budget and Management | 671 |
shall transfer the cash balance in the Tobacco Use Prevention and | 672 |
Control Operating Expenses Fund
(Fund 5M80), to the Tobacco Use | 673 |
Prevention Fund (Fund 5BX0). Upon
completion of the transfer, the | 674 |
Tobacco Use Prevention and Control Operating Expenses Fund (Fund | 675 |
5M80)
is abolished. The Director shall cancel any existing | 676 |
encumbrances
against appropriation item 940601, Operating | 677 |
Expenses, and
reestablish them against appropriation item 440656, | 678 |
Tobacco Use
Prevention. The amounts of the reestablished | 679 |
encumbrances are
hereby appropriated. | 680 |