130th Ohio General Assembly
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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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