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As Passed by the Senate
123rd General Assembly
Regular Session
1999-2000 | Am. S. B. No. 188 |
SENATORS DRAKE-WHITE-PRENTISS-KEARNS-SPADA
A BILL
To amend sections 2108.15 and 2108.16 of the Revised Code and to repeal
Section 5 of Sub.
S.B. 300 of the 121st General Assembly to eliminate the scheduled sunset of
the Second Chance Trust Fund Board.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2108.15 and 2108.16 of the Revised Code be amended to
read as
follows:
Sec. 2108.15. There is hereby created in the state treasury the
second chance trust fund. The fund shall consist of voluntary
contributions deposited as provided in sections 4506.081,
4507.231, and 4507.501 of the Revised Code. All investment
earnings of the fund shall be credited to the fund.
The director of health shall use the money in the fund only for
the following purposes:
(A) Development and implementation of a campaign that explains
and promotes the second chance trust fund;
(B) Development and implementation of a statewide public
education program about organ, tissue, and eye donation,
including the informational material required to be provided
under sections 4506.081, 4507.231, and 4507.501 of the Revised Code;
(C) Development and implementation of statewide donor awareness
programs in secondary schools;
(D) Development and implementation of statewide programs to
recognize donor families;
(E) Development of statewide hospital training programs to
encourage and facilitate compliance with the provisions of
section 2108.021 of the Revised Code concerning circumstances under which an
anatomical gift
is required to be requested;
(F) Reimbursement of the bureau of
motor vehicles for the administrative costs incurred in the performance of
duties under sections 4506.081, 4507.231, and 4507.501 of the
Revised Code.;
(G) Payment of the compensation of a staff member of the
department of health for the staff member's time spent monitoring hospital
compliance with sections 2108.01 to 2108.09 of the Revised Code;
(H) Until December 31, 2000,
reimbursement REIMBURSEMENT of board members for actual and
necessary
expenses incurred in the performance of official duties.
Until December 31, 2000, the THE director shall
consider recommendations made by the second chance
trust fund board pursuant to section 2108.16 of the Revised Code.
Until December 31, 2000, the THE director shall
determine the appropriateness of and approve or disapprove projects
recommended by the board for funding. On and after
December 31, 2000, the director shall determine the appropriateness
of and approve or disapprove projects. The director shall AND
approve or
disapprove the
disbursement of money from the second chance trust fund.
Sec. 2108.16. There is hereby created within the department of health the
second chance trust fund board, consisting of thirteen members appointed by
the governor. The members shall include one representative from an Ohio organ
procurement organization that is a member of the Organ Procurement and
Transplantation Network; one representative from an Ohio tissue procurement
organization that is an accredited member of the American association of
tissue banks; one representative of an Ohio eye bank that is a
certified member of the eye bank association of America; one representative of
donor families; one representative of organ, tissue, or eye recipients; one
representative of the Ohio solid organ transplantation consortium; one
representative of the Ohio transplant recovery council; one representative of
the Ohio education association; one representative of the Ohio hospital
association; one representative of the Ohio nurses association; one
representative of the Ohio state medical association; one representative of
the department of health; and one representative of the public. In making the
appointments, the governor shall include, insofar as possible, members
representing various geographic regions of the state. Of the members first
appointed, the representatives of the organ procurement organization, tissue
procurement organization, eye bank, and Ohio transplant recovery
council shall serve terms of four years; the representatives
from the donor families, organ, tissue, or eye recipients,
department of health, and Ohio
solid organ transplantation consortium shall serve terms of
three years; and the remaining members shall serve terms of
two years. Thereafter, all members shall serve terms of three
years. No individual shall serve more than two consecutive terms,
regardless of whether the terms were full or partial terms.
Each member shall serve from the date of appointment until the member's
successor is appointed. All vacancies on the board shall be filled for the
balance of the unexpired term in the same manner as the original appointment.
The board annually shall elect a chairperson from among
its members and shall adopt rules in accordance with
Chapter 119. of the Revised Code for the governance of its
operations. The board shall meet at least semiannually. It
shall submit an annual report of its activities and
recommendations to the director of health.
Each member of the board shall serve without compensation,
but shall be reimbursed from the second chance trust fund for
all actual and necessary expenses incurred in the performance of official
duties.
The board shall make recommendations to the director of health for projects
for funding from the second chance trust fund.
THE BOARD IS NOT SUBJECT TO SECTION 101.84 OF THE REVISED
CODE.
Section 2. That existing sections 2108.15 and 2108.16 of the Revised Code are
hereby
repealed.
Section 3. That Section 5 of Sub. S.B. 300 of the 121st General Assembly,
which section contains a repeal of section 2108.16 of the Revised Code
effective December 31, 2000, is hereby repealed. The intent of this section
is to remove the limitation imposed by such repeal upon the continued
existence of section 2108.16 of the Revised Code, which intent is not affected
by the rule of construction contained in section 1.57 of the Revised Code.
The intent of this section is not to affect the continued existence of section
2108.15 of the Revised Code as amended by Section 1 of this act.
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