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As Reported by the Committee of Conference
123rd General Assembly
Regular Session
1999-2000 | Am. Sub. S. B. No. 192 |
SENATORS RAY (By Request)-DRAKE-FINAN-
REPRESENTATIVES CORBIN-WOMER BENJAMIN-MEAD-PETERSON-METZGER-CAREY-
HOOPS-MOTTLEY-VESPER-GOODMAN-OGG-EVANS-BOYD-BRITTON-BARNES
A BILL
To amend sections 102.02, 107.03, 107.031, and 126.02 and to enact sections
126.022, 183.01,
183.02, 183.021, 183.03 to 183.33, and 5145.32 of
the Revised Code to provide for the distribution of money received
by the state pursuant to the Tobacco Master Settlement Agreement, to impose
prohibitions concerning smoking and tobacco use in certain state correctional
institutions, and to make capital and operating appropriations for programs
funded with Master Settlement Agreement revenue for the biennium ending June
30, 2002.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 102.02, 107.03, 107.031, and 126.02 be amended and
sections
126.022, 183.01,
183.02, 183.021, 183.03, 183.04, 183.05, 183.06, 183.07, 183.08, 183.09,
183.10, 183.11, 183.12, 183.13, 183.14, 183.15, 183.16, 183.17,
183.18, 183.19, 183.20, 183.21, 183.22, 183.23, 183.24, 183.25,
183.26, 183.27, 183.28, 183.29, 183.30, 183.31, 183.32, 183.33, and 5145.32 of
the Revised Code be
enacted to read as follows:
Sec. 102.02. (A) Except as otherwise provided in division
(H) of this section, every person who is elected to or is a
candidate for a state, county, or city office, or the office of
member of the United States congress, and every person who is
appointed to fill a vacancy for an unexpired term in such an
elective office; all members of the state board of education;
the director, assistant directors, deputy
directors, division chiefs, or persons of equivalent rank of any
administrative department of the state; the president or other
chief administrative officer of every state institution of higher
education as defined in section 3345.011 of the Revised Code; the
chief executive officer of each state retirement system; all
members of the board of commissioners on grievances and
discipline of the supreme court and the ethics commission created
under section 102.05 of the Revised Code; every business manager,
treasurer, or superintendent of a city, local, exempted village,
joint vocational, or cooperative education school
district or an educational service center; every person who is elected
to or is a candidate for
the office of member of a board of education of a city, local,
exempted village, joint vocational, or cooperative
education school district or of a governing board of an educational service
center that has a total student count of twelve thousand or more as most
recently determined by the department of education pursuant to section 3317.03
of
the Revised Code; every person who is appointed to the board of education
of a municipal school district pursuant to division (B) or
(F) of section 3311.71 of the Revised Code; all members of the board of
directors of a sanitary district established under Chapter 6115.
of the Revised Code and organized wholly for the purpose of providing a water
supply for
domestic, municipal, and public use that includes two municipal corporations
in two counties; every public official or
employee who is paid a
salary or wage in accordance with schedule C of section 124.15 or
schedule E-2 of section 124.152 of the Revised Code; MEMBERS OF THE BOARD
OF TRUSTEES AND THE EXECUTIVE DIRECTOR OF THE TOBACCO USE PREVENTION AND
CONTROL FOUNDATION; MEMBERS OF THE BOARD OF TRUSTEES AND THE EXECUTIVE
DIRECTOR OF THE SOUTHERN OHIO AGRICULTURAL AND COMMUNITY DEVELOPMENT
FOUNDATION; MEMBERS AND THE EXECUTIVE DIRECTOR OF THE BIOMEDICAL RESEARCH AND
TECHNOLOGY TRANSFER COMMISSION; and every
other public official or employee who is designated by the
appropriate ethics commission pursuant to division (B) of this
section shall file with the appropriate ethics commission on a
form prescribed by the commission, a statement disclosing all of the
following:
(1) The name of the person filing the statement and each
member of the person's immediate family and all names under
which the
person or members of the person's immediate family do
business;
(2)(a) Subject to divisions (A)(2)(b) and (c) of this
section and except as otherwise provided in section 102.022 of
the Revised Code, identification of every source of income, other
than income from a legislative agent identified in division
(A)(2)(b) of this section, received during the preceding calendar
year, in the person's own name or by any other person for
the person's use or
benefit, by the person filing the statement, and a brief
description of the nature of the services for which the income
was received. If the person filing the statement is a member of
the general assembly, the statement shall identify the amount of
every source of income received in accordance with the following
ranges of amounts: zero or more, but less than one thousand
dollars; one thousand dollars or more, but less than ten thousand
dollars; ten thousand dollars or more, but less than twenty-five
thousand dollars; twenty-five thousand dollars or more, but less
than fifty thousand dollars; fifty thousand dollars or more, but
less than one hundred thousand dollars; and one hundred thousand
dollars or more. Division (A)(2)(a) of this section shall not be
construed to require a person filing the statement who derives
income from a business or profession to disclose the individual
items of income that constitute the gross income of that business
or profession, except for those individual items of income that
are attributable to the person's or, if the income is shared with
the person, the partner's, solicitation of services or goods or
performance, arrangement, or facilitation of services or
provision of goods on behalf of the business or profession of
clients, including corporate clients, who are legislative agents
as defined in section 101.70 of the Revised Code. A person who
files the statement under this section shall disclose the
identity of and the amount of income received from a person
who
the public official or employee knows or has reason to know is
doing or seeking to do business of any kind with the public
official's or employee's agency.
(b) If the person filing the statement is a member of the
general assembly, the statement shall identify every source of
income and the amount of that income that was received from a
legislative agent, as defined in section 101.70 of the Revised
Code, during the preceding calendar year, in the person's
own name or by
any other person for the person's use or benefit, by the
person filing the
statement, and a brief description of the nature of the services
for which the income was received. Division (A)(2)(b) of this
section requires the disclosure of clients of attorneys or
persons licensed under section 4732.12 of the Revised Code, or
patients of persons certified under section 4731.14 of the
Revised Code, if those clients or patients are legislative agents.
Division (A)(2)(b) of this section requires a person filing the
statement who derives income from a business or profession to
disclose those individual items of income that constitute the
gross income of that business or profession that are received
from legislative agents.
(c) Except as otherwise provided in division (A)(2)(c) of
this section, division (A)(2)(a) of this section applies to
attorneys, physicians, and other persons who engage in the
practice of a profession and who, pursuant to a section of the
Revised Code, the common law of this state, a code of ethics
applicable to the profession, or otherwise, generally are
required not to reveal, disclose, or use confidences of clients,
patients, or other recipients of professional services except
under specified circumstances or generally are required to
maintain those types of confidences as privileged communications
except under specified circumstances. Division (A)(2)(a) of this
section does not require an attorney, physician, or other
professional subject to a confidentiality requirement as
described in division (A)(2)(c) of this section to disclose the
name, other identity, or address of a client, patient, or other
recipient of professional services if the disclosure would
threaten the client, patient, or other recipient of professional
services, would reveal details of the subject matter for which
legal, medical, or professional advice or other services were
sought, or would reveal an otherwise privileged communication
involving the client, patient, or other recipient of professional
services. Division (A)(2)(a) of this section does not require an
attorney, physician, or other professional subject to a
confidentiality requirement as described in division (A)(2)(c) of
this section to disclose in the brief description of the nature
of services required by division (A)(2)(a) of this section any
information pertaining to specific professional services rendered
for a client, patient, or other recipient of professional
services that would reveal details of the subject matter for
which legal, medical, or professional advice was sought or would
reveal an otherwise privileged communication involving the
client, patient, or other recipient of professional services.
(3) The name of every corporation on file with the
secretary of state that is incorporated in this state or
holds a
certificate of compliance authorizing it to do business in this
state, trust, business trust, partnership, or association that
transacts business in this state in which the person filing
the statement or any other person for the person's use and
benefit had during
the preceding calendar year an investment of over one thousand
dollars at fair market value as of the thirty-first day of
December of the preceding calendar year, or the date of
disposition, whichever is earlier, or in which the person holds
any office or has a fiduciary relationship, and a description of
the nature of the investment, office, or relationship. Division
(A)(3) of this section does not require
disclosure of the name of any bank,
savings and loan association, credit union, or building and loan
association with which the person filing the statement has a
deposit or a withdrawable share account.
(4) All fee simple and leasehold interests to which the
person filing the statement holds legal title to or a beneficial
interest in real property located within the state, excluding the
person's residence and property used primarily for personal
recreation;
(5) The names of all persons residing or transacting
business in the state to whom the person filing the statement
owes, in the person's own name or in the name of any other
person, more
than one thousand dollars. Division (A)(5)
of this section shall not be construed
to require the disclosure of debts owed by the person resulting
from the ordinary conduct of a business or profession or debts on
the person's residence or real property used primarily for
personal recreation, except that the superintendent of financial
institutions shall disclose the
names of all
state-chartered savings and loan associations and of
all service
corporations subject to regulation under division (E)(2) of
section 1151.34 of the Revised Code to whom the superintendent in
the superintendent's own name or in the name of any other
person owes any money,
and that the superintendent and any deputy
superintendent of banks shall disclose the names of all state-chartered
banks and all bank subsidiary corporations subject to regulation
under section 1109.44 of the Revised Code to whom
the superintendent or deputy superintendent owes any money.
(6) The names of all persons residing or transacting
business in the state, other than a depository excluded under
division (A)(3) of this section, who owe more than one
thousand
dollars to the person filing the statement, either in the
person's own
name or to any person for the person's use or benefit. Division
(A)(6) of this section
shall not be construed to require the disclosure of clients of
attorneys or persons licensed under section 4732.12 or 4732.15 of
the Revised Code, or patients of persons certified under section
4731.14 of the Revised Code, nor the disclosure of debts owed to
the person resulting from the ordinary conduct of a business or
profession.
(7) Except as otherwise provided in section 102.022 of the
Revised Code, the source of each gift of over seventy-five
dollars, or of each gift of over twenty-five dollars received by
a member of the general assembly from a legislative agent,
received by the person in the person's own name or by any
other person for
the person's use or benefit during the preceding calendar
year, except
gifts received by will or by virtue of section 2105.06 of the
Revised Code, or received from spouses, parents, grandparents,
children, grandchildren, siblings, nephews, nieces, uncles,
aunts, brothers-in-law, sisters-in-law, sons-in-law,
daughters-in-law, fathers-in-law, mothers-in-law, or any person
to whom the person filing the statement stands in loco parentis,
or received by way of distribution from any inter vivos or
testamentary trust established by a spouse or by an ancestor;
(8) Except as otherwise provided in section 102.022 of the
Revised Code, identification of the source and amount of every
payment of expenses incurred for travel to destinations inside or
outside this state that is received by the person in the
person's own name
or by any other person for the person's use or benefit and
that is
incurred in connection with the person's official duties except
for expenses for travel to meetings or conventions of a national
or state organization to which either house of the general
assembly, any legislative agency, a state institution of higher
education as defined in section 3345.031 of the Revised Code, any
other state agency, or any political subdivision or any office or
agency of a political subdivision pays membership dues;
(9) Except as otherwise provided in section 102.022 of the
Revised Code, identification of the source of payment of expenses
for meals and other food and beverages, other than for meals and
other food and beverages provided at a meeting at which the
person participated in a panel, seminar, or speaking engagement
or at a meeting or convention of a national or state organization
to which either house of the general assembly, any legislative
agency, a state institution of higher education as defined in
section 3345.031 of the Revised Code, any other state agency, or
any political subdivision or any office or agency of a political
subdivision pays membership dues, that are incurred in connection
with the person's official duties and that exceed one hundred
dollars aggregated per calendar year;
(10) If the financial disclosure statement is filed by a
public official or employee described in division (B)(2) of
section 101.73 of the Revised Code or division (B)(2) of section
121.63 of the Revised Code who receives a statement from a
legislative agent, executive agency lobbyist, or employer that
contains the information described in division (F)(2) of section
101.73 of the Revised Code or division (G)(2) of section 121.63
of the Revised Code, all of the nondisputed information contained
in the statement delivered to that public official or employee by
the legislative agent, executive agency lobbyist, or employer
under division (F)(2) of section 101.73 or (G)(2) of section
121.63 of the Revised Code. As used in division (A)(10) of this
section, legislative agent, executive agency
lobbyist, and
employer have the same meanings as in sections 101.70 and
121.60 of the Revised Code.
A person may file a statement required by this section in
person or by mail. A person who is a candidate for elective
office shall file the statement no later than the thirtieth
day
before the primary, special, or general election at which
the
candidacy is to be voted on, whichever election occurs
soonest,
except that a person who is a write-in candidate shall file the
statement no later than the twentieth day before the earliest
election at which the person's candidacy is to be voted on.
A person who
holds elective office shall file the statement on or before
the
fifteenth day of April of each year unless the person is a
candidate for
office. A person who is appointed to fill a vacancy for an
unexpired term in an elective office shall file the
statement
within fifteen days after the person qualifies for office.
Other persons
shall file an annual statement on or before the fifteenth day of
April or, if appointed or employed after that date, within ninety
days after appointment or employment. No person shall be
required to file with the appropriate ethics commission more than
one statement or pay more than one filing fee for any one
calendar year.
The appropriate ethics commission, for good cause, may
extend for a reasonable time the deadline for filing a disclosure
statement under this section.
A statement filed under this section is subject to public
inspection at locations designated by the appropriate ethics
commission except as otherwise provided in this section.
(B) The Ohio ethics commission, the joint legislative
ethics committee, and the board of commissioners on grievances
and discipline of the supreme court, using the rule-making
procedures of Chapter 119. of the Revised Code, may require any
class of public officials or employees under its jurisdiction and
not specifically excluded by this section whose positions involve
a substantial and material exercise of administrative discretion
in the formulation of public policy, expenditure of public funds,
enforcement of laws and rules of the state or a county or city,
or the execution of other public trusts, to file an annual
statement on or before the fifteenth day of April under division
(A) of this section. The appropriate ethics commission shall
send the public officials or employees written notice of the
requirement by the fifteenth day of February of each year the
filing is required unless the public official or employee is
appointed after that date, in which case the notice shall be sent
within thirty days after appointment, and the filing shall be
made not later than ninety days after appointment.
Disclosure
EXCEPT FOR DISCLOSURE
STATEMENTS FILED BY MEMBERS OF THE BOARD OF TRUSTEES AND THE EXECUTIVE
DIRECTOR OF THE TOBACCO USE PREVENTION AND CONTROL FOUNDATION, MEMBERS OF THE
BOARD OF TRUSTEES AND THE EXECUTIVE DIRECTOR OF THE SOUTHERN OHIO
AGRICULTURAL AND COMMUNITY DEVELOPMENT FOUNDATION, AND MEMBERS AND THE
EXECUTIVE DIRECTOR OF THE BIOMEDICAL RESEARCH AND TECHNOLOGY TRANSFER
COMMISSION, DISCLOSURE
statements filed under this division with the
Ohio ethics commission by members of boards, commissions, or
bureaus of the state for which no compensation is received other
than reasonable and necessary expenses shall be kept confidential. Disclosure
statements filed
with the Ohio ethics commission under division (A) of this
section by business managers, treasurers, and superintendents of
city, local, exempted village, joint vocational, or
cooperative education school districts or educational service centers shall be
kept confidential, except that any person conducting an audit of any
such school district pursuant to section 115.56 or Chapter 117.
of the Revised Code may examine the disclosure statement of any
business manager, treasurer, or superintendent of that school
district or educational service center. The Ohio ethics commission shall
examine each disclosure statement required to be kept confidential to
determine whether a potential conflict of interest exists for the
person who filed the disclosure statement. A potential conflict
of interest exists if the private interests of the person, as
indicated by the person's disclosure statement, might
interfere with the
public interests the person is required to serve in the
exercise of the person's authority and duties in
the person's office or position of employment. If
the commission determines that a potential conflict of interest
exists, it shall notify the person who filed the disclosure
statement and shall make the portions of the disclosure statement
that indicate a potential conflict of interest subject to public
inspection in the same manner as is provided for other disclosure
statements. Any portion of the disclosure statement that the
commission determines does not indicate a potential conflict of
interest shall be kept confidential by the commission and shall
not be made subject to public inspection, except as is necessary
for the enforcement of Chapters 102. and 2921. of the Revised
Code and except as otherwise provided in this
division.
(C) No person shall knowingly fail to file, on or before
the applicable filing deadline established under this section, a
statement that is required by this section.
(D) No person shall knowingly file a false statement that
is required to be filed under this section.
(E)(1) Except as provided in divisions (E)(2) and (3) of
this section, on and after March 2, 1994, the statement required by division
(A) or (B) of
this section shall be accompanied by a filing fee of twenty-five
dollars.
(2) The statement required by division (A) of this section
shall be accompanied by a filing fee to be paid by the person who
is elected or appointed to or is a candidate for any of the
following offices:
For state office, except member of | |
state board of education | $50 |
For office of member of United States | |
congress or member of general assembly | $25 |
For county office | $25 |
For city office | $10 |
For office of member of state board | |
of education | $10 |
For office of member of city, local, | |
exempted village, or cooperative | |
education board of | |
education or educational service | |
center governing board | $ 5 |
For position of business manager, | |
treasurer, or superintendent of | |
city, local, exempted village, joint | |
vocational, or cooperative education | |
school district or | |
educational service center | $ 5 |
(3) No judge of a court of record or candidate for judge
of such a court, and no referee or magistrate serving a court of
record, shall be required to pay the fee required under division
(E)(1) or (2) or (F) of this section.
(4) For any public official who is appointed to a
nonelective office of the state and for any employee who holds a
nonelective position in a public agency of the state, the state
agency that is the primary employer of the state official or
employee shall pay the fee required under division (E)(1) or (F)
of this section.
(F) If a statement required to be filed under this section
is not filed by the date on which it is required to be filed, the
appropriate ethics commission shall assess the person required to
file the statement a late filing fee equal to one-half of the
applicable filing fee for each day the statement is not filed,
except that the total amount of the late filing fee shall not
exceed one hundred dollars.
(G)(1) The appropriate ethics commission other than the
Ohio ethics commission shall deposit all fees it receives under
divisions (E) and (F) of this section into the general revenue
fund of the state.
(2) The Ohio ethics commission shall deposit all receipts, including, but
not limited to, fees it
receives under divisions (E) and (F) of this section and all
moneys it receives from settlements under division (G) of section
102.06 of the Revised Code, into the Ohio ethics commission fund,
which is hereby created in the state treasury. All moneys
credited to the fund shall be used solely for expenses related to
the operation and statutory functions of the commission.
(H) Division (A) of this section does not apply to a
person elected or appointed to the office of precinct, ward, or
district committee member under Chapter 3517. of the Revised
Code; a presidential elector; a delegate to a national
convention; village or township officials and employees; any
physician or psychiatrist who is paid a salary or wage in
accordance with schedule C of section 124.15 or schedule E-2 of
section 124.152 of the Revised Code and whose primary duties do
not require the exercise of administrative discretion; or any
member of a board, commission, or bureau of any county or city
who receives less than one thousand dollars per year for serving
in that position.
Sec. 107.03. The governor shall submit to the general
assembly, not later than four weeks after its organization, a
state budget containing a complete financial plan for the ensuing
fiscal biennium, except that EXCLUDING ITEMS OF REVENUE AND
EXPENDITURE DESCRIBED IN SECTION 126.022 of the Revised Code. HOWEVER, in years of a new
governor's
inauguration, the budget shall be submitted not later than the
fifteenth day of March. In years of a new governor's
inauguration, only the new governor shall submit a budget to the
general assembly. In addition to other things required by law,
the governor's budget shall contain:
(A) A general budget summary by function and agency
setting forth the proposed total expenses from each and all funds
and the anticipated resources for meeting such expenses; such
resources to include any available balances in the several funds
at the beginning of the biennium and a classification by totals
of all revenue receipts estimated to accrue during the biennium
under existing law and proposed legislation.
(B) A detailed statement showing the amounts recommended
to be appropriated from each fund for each fiscal year of the
biennium for current expenses, including, but not limited to,
personal services, supplies and materials, equipment, subsidies
and revenue distribution, merchandise for resale, transfers, and
nonexpense disbursements, obligations, interest on debt, and
retirement of debt, and for the biennium for capital outlay, to
the respective departments, offices, institutions, as defined in
section 121.01 of the Revised Code, and all other public
purposes; and, in comparative form, the actual expenses by source
of funds during each fiscal year of the previous two bienniums
for each such purpose. No alterations shall be made in the
requests for the legislative and judicial branches of the state
filed with the director of budget and management under
section 126.02 of the Revised Code. If any amount of federal
money is recommended to be appropriated or has been expended for
a purpose for which state money also is recommended to be
appropriated or has been expended, the amounts of federal money
and state money involved shall be separately identified.
(C) A detailed estimate of the revenue receipts in each
fund from each source under existing laws during each year of the
biennium; and, in comparative form, actual revenue receipts in
each fund from each source for each year of the two previous
bienniums;
(D) The estimated cash balance in each fund at the
beginning of the biennium covered by the budget; the estimated
liabilities outstanding against each such balance; and the
estimated net balance remaining and available for new
appropriations;
(E) A detailed estimate of the additional revenue receipts
in each fund from each source under proposed legislation, if
enacted, during each year of the biennium;
(F) A description of each tax expenditure; a detailed
estimate of the amount of revenues not available to the general
revenue fund under existing laws during each fiscal year of the
biennium covered by the budget due to the operation of each tax
expenditure; and, in comparative form, the amount of revenue not
available to the general revenue fund during each fiscal year of
the immediately preceding biennium due to the operation of each
tax expenditure. The report prepared by the department of
taxation pursuant to section 5703.48 of the Revised Code shall be
submitted to the general assembly as an appendix to the
governor's budget. As used in this division, "tax expenditure"
has the same meaning as in section 5703.48 of the Revised Code.
Sec. 107.031. Until the first committee appointed under
division
(C) of section 3317.012 of the Revised Code to reexamine the cost of an
adequate
education makes its report to the office of budget and management and the
general assembly, the governor shall ensure that among the various budget
recommendations made by the governor and the director of budget and management
to the general assembly each biennium there are recommendations for
appropriations to the Ohio school facilities commission, aggregating
not less than three hundred million dollars per fiscal year, EXCLUDING
RECOMMENDATIONS FOR APPROPRIATIONS FROM THE EDUCATION FACILITIES TRUST FUND,
CREATED IN SECTION 183.26 of the Revised Code, for constructing,
acquiring, replacing, reconstructing, or adding to classroom facilities, as
such term is defined in section 3318.01 of the Revised Code.
Sec. 126.02. The director of budget and management shall
prepare and submit to the governor, biennially, not later than
the first day of January preceding the convening of the general
assembly, state budget estimates of revenues and expenditures for
each state fund and budget estimates for each state agency, EXCEPT
SUCH ESTIMATES AS ARE REQUIRED UNDER SECTION 126.22 of the Revised Code. The
budget estimates for each state agency for which direct
appropriations are proposed shall include the following details:
(A) Estimates of the operating budget;
(B) Estimates of the subsidy appropriations necessary,
delineated by a distinct subsidy program;
(C) Estimates for special purposes, delineated by a
distinct special purpose program;
(D) Estimates of appropriations necessary from each fund
in reasonable detail to allow for adequate planning and oversight
of programs and activities.
In the preparation of state revenue and expenditure
estimates, the director of budget and management shall, not later
than the fifteenth day of September in the year preceding the
first regular session of the general assembly, distribute to all
affected state agencies the forms necessary for the preparation
of budget requests, which shall be in the form prescribed by the
director in consultation with the legislative budget office of
the legislative service commission to procure information
concerning the revenues and expenditures for the preceding and
current bienniums, an estimate of the revenues and expenditures
of the current fiscal year, and an estimate of the revenues and
proposed expenditures for the respective agencies for the two
succeeding fiscal years for which appropriations have to be made.
Each such agency shall, not later than the first day of November,
file with the director its estimate of revenues and proposed
expenditures for the succeeding biennium.
Each such agency shall, not later than the first day of
December, file with the chairmen CHAIRPERSON of the finance
committees of the
senate and house of representatives and the legislative budget
office a duplicate copy of such budget request.
The budget request shall be accompanied by a statement in
writing giving facts and explanation of reasons for the items
requested. The director and the legislative budget office may
make further inquiry and investigation as to any item desired.
The director may approve, disapprove, or alter the requests,
excepting those for the legislative and judicial branches of the
state. The requests as revised by him THE DIRECTOR constitute
the state budget estimates of revenues and expenditures which the
director is required to submit to the governor.
Sec. 126.022. NOT LATER THAN FOUR WEEKS AFTER THE
GENERAL ASSEMBLY CONVENES IN EACH EVEN-NUMBERED YEAR,
THE DIRECTOR OF BUDGET AND MANAGEMENT SHALL PREPARE AND RECOMMEND
TO THE GENERAL ASSEMBLY, SUBJECT TO THE CONCURRENCE OF THE
GOVERNOR, ESTIMATES OF REVENUES FROM, OR DERIVED FROM, PAYMENTS TO
THE STATE UNDER THE TOBACCO MASTER SETTLEMENT AGREEMENT AND
EXPENDITURES OF SUCH REVENUES FOR THE BIENNIUM BEGINNING ON THE
FOLLOWING FIRST DAY OF JULY. EACH STATE AGENCY AFFECTED BY SUCH
REVENUES OR EXPENDITURES SHALL SUBMIT TO THE DIRECTOR OF BUDGET AND MANAGEMENT
ANY RELATED
INFORMATION THE DIRECTOR REQUIRES, IN SUCH FORM AND AT SUCH TIMES AS THE
DIRECTOR PRESCRIBES.
Sec. 183.01. AS USED IN THIS CHAPTER:
(A) "TOBACCO MASTER SETTLEMENT AGREEMENT" MEANS THE SETTLEMENT
AGREEMENT (AND RELATED DOCUMENTS) ENTERED INTO ON NOVEMBER 23,
1998 BY THE STATE AND LEADING UNITED STATES TOBACCO PRODUCT
MANUFACTURERS.
(B) "NET AMOUNTS CREDITED TO THE TOBACCO MASTER SETTLEMENT
AGREEMENT FUND" MEANS ALL AMOUNTS CREDITED TO THE TOBACCO MASTER SETTLEMENT
AGREEMENT FUND DURING A FISCAL YEAR, MINUS ALL AMOUNTS
REQUIRED TO BE TRANSFERRED UNDER SECTION 183.02 OF THE REVISED
CODE TO THE EDUCATION FACILITIES TRUST FUND, THE
EDUCATION FACILITIES ENDOWMENT
FUND,
AND THE INCOME TAX REDUCTION FUND DURING THE FISCAL YEAR.
IN ADDITION, IN FISCAL YEAR
2000, "NET AMOUNTS CREDITED TO THE TOBACCO MASTER SETTLEMENT AGREEMENT
FUND" DOES NOT INCLUDE AMOUNTS CREDITED TO THE TOBACCO USE PREVENTION
AND CESSATION TRUST FUND, LAW ENFORCEMENT IMPROVEMENTS TRUST FUND, AND
SOUTHERN OHIO AGRICULTURAL AND COMMUNITY DEVELOPMENT TRUST FUND
FROM THE FIRST PAYMENT RECEIVED THAT YEAR.
(C) "SOUTHERN OHIO" INCLUDES ANY COUNTY IN THIS STATE
WHERE TOBACCO HAS TRADITIONALLY BEEN GROWN.
Sec. 183.02. THIS SECTION'S REFERENCES TO YEARS MEAN STATE FISCAL YEARS.
ALL PAYMENTS RECEIVED BY THE STATE PURSUANT TO THE
TOBACCO MASTER SETTLEMENT AGREEMENT SHALL BE DEPOSITED INTO THE STATE
TREASURY TO THE CREDIT OF THE TOBACCO MASTER SETTLEMENT AGREEMENT FUND,
WHICH IS HEREBY CREATED. ALL INVESTMENT EARNINGS OF THE FUND SHALL ALSO
BE CREDITED TO THE FUND. EXCEPT AS PROVIDED IN DIVISION (I) OF
THIS SECTION, PAYMENTS AND INTEREST CREDITED TO THE FUND SHALL BE TRANSFERRED
BY THE DIRECTOR OF BUDGET AND MANAGEMENT AS
FOLLOWS:
(A) OF THE FIRST PAYMENT CREDITED TO THE TOBACCO MASTER
SETTLEMENT
AGREEMENT FUND IN 2000 AND THE NET AMOUNTS CREDITED TO THE
FUND ANNUALLY FROM 2000 TO 2006 AND IN 2012, THE
FOLLOWING AMOUNT OR PERCENTAGE SHALL BE TRANSFERRED TO THE TOBACCO USE
PREVENTION AND CESSATION TRUST FUND, CREATED IN SECTION 183.03 OF
THE REVISED CODE:
YEAR | AMOUNT OR PERCENTAGE |
2000 (FIRST PAYMENT CREDITED) | $104,855,222.85 |
2000 (NET AMOUNT CREDITED) | 70.30% |
2001 | 62.84 |
2002 | 61.41 |
2003 | 63.24 |
2004 | 66.65 |
2005 | 66.24 |
2006 | 65.97 |
2012 | 56.01 |
(B) OF THE FIRST PAYMENT CREDITED TO THE TOBACCO MASTER
SETTLEMENT
AGREEMENT FUND IN 2000 AND THE NET AMOUNTS CREDITED TO THE FUND ANNUALLY IN
2000 AND
2001, THE FOLLOWING AMOUNT OR PERCENTAGE SHALL BE
TRANSFERRED TO THE LAW ENFORCEMENT IMPROVEMENTS TRUST FUND,
CREATED IN SECTION 183.10 OF THE REVISED CODE:
YEAR | AMOUNT OR PERCENTAGE |
2000 (FIRST PAYMENT CREDITED) | $10,000,000 |
2000 (NET AMOUNT CREDITED) | 5.41% |
2001 | 2.32 |
(C) OF THE FIRST PAYMENT CREDITED TO THE TOBACCO MASTER
SETTLEMENT AGREEMENT FUND IN 2000 AND THE NET AMOUNTS CREDITED TO THE FUND
ANNUALLY FROM 2000 TO 2011, THE FOLLOWING PERCENTAGES SHALL BE TRANSFERRED
TO THE SOUTHERN OHIO AGRICULTURAL AND COMMUNITY DEVELOPMENT
TRUST FUND, CREATED IN SECTION 183.11 OF THE REVISED
CODE:
YEAR | PERCENTAGE |
2000 (FIRST PAYMENT CREDITED) | 5.00% |
2000 (NET AMOUNT CREDITED) | 8.73 |
2001 | 8.12 |
2002 | 9.18 |
2003 | 8.91 |
2004 | 7.84 |
2005 | 7.79 |
2006 | 7.76 |
2007 | 17.39 |
2008 THROUGH 2011 | 17.25 |
(D) THE FOLLOWING PERCENTAGES OF THE NET AMOUNTS CREDITED TO THE
TOBACCO MASTER SETTLEMENT AGREEMENT FUND ANNUALLY SHALL BE TRANSFERRED TO
OHIO'S PUBLIC HEALTH PRIORITIES TRUST FUND, CREATED IN
SECTION 183.18 OF THE REVISED CODE:
YEAR | PERCENTAGE |
2000 | 5.41 |
2001 | 6.68 |
2002 | 6.79 |
2003 | 6.90 |
2004 | 7.82 |
2005 | 8.18 |
2006 | 8.56 |
2007 | 19.83 |
2008 | 19.66 |
2009 | 20.48 |
2010 | 21.30 |
2011 | 22.12 |
2012 | 10.47 |
(E) THE FOLLOWING PERCENTAGES OF THE NET AMOUNTS CREDITED TO THE
TOBACCO MASTER SETTLEMENT AGREEMENT FUND ANNUALLY SHALL BE
TRANSFERRED TO THE BIOMEDICAL RESEARCH AND TECHNOLOGY TRANSFER
TRUST FUND, CREATED IN SECTION 183.19 OF THE REVISED
CODE:
YEAR | PERCENTAGE |
2000 | 2.71 |
2001 | 14.03 |
2002 | 13.29 |
2003 | 12.73 |
2004 | 13.78 |
2005 | 14.31 |
2006 | 14.66 |
2007 | 49.57 |
2008 TO 2011 | 45.06 |
2012 | 18.77 |
(F) OF THE AMOUNTS CREDITED TO THE
TOBACCO MASTER SETTLEMENT AGREEMENT FUND ANNUALLY,
THE FOLLOWING AMOUNTS SHALL BE TRANSFERRED TO THE EDUCATION
FACILITIES TRUST FUND, CREATED IN SECTION 183.26 OF THE REVISED
CODE:
YEAR | AMOUNT |
2000 | $133,062,504.95 |
2001 | 128,938,732.73 |
2002 | 185,804,475.78 |
2003 | 180,561,673.11 |
2004 | 122,778,219.49 |
2005 | 121,389,325.80 |
2006 | 120,463,396.67 |
2007 | 246,389,369.01 |
2008 TO 2011 | 267,531,291.85 |
2012 | 110,954,544.28 |
(G) OF THE AMOUNTS CREDITED TO THE TOBACCO MASTER SETTLEMENT
AGREEMENT FUND ANNUALLY, FROM 2000 TO 2012 FIVE MILLION DOLLARS PER YEAR SHALL
BE TRANSFERRED TO THE EDUCATION FACILITIES
ENDOWMENT FUND, CREATED IN SECTION 183.27 OF THE REVISED
CODE. FROM 2013 TO 2025, THE
FOLLOWING PERCENTAGES OF THE AMOUNTS CREDITED TO THE TOBACCO MASTER
SETTLEMENT AGREEMENT FUND ANNUALLY SHALL BE TRANSFERRED TO THE ENDOWMENT
FUND:
YEAR | PERCENTAGE |
2013 | 30.22 |
2014 | 33.36 |
2015 TO 2025 | 40.90 |
(H) THE FOLLOWING PERCENTAGES OF THE NET AMOUNTS CREDITED TO THE
TOBACCO MASTER SETTLEMENT AGREEMENT FUND ANNUALLY SHALL BE TRANSFERRED TO THE
EDUCATION TECHNOLOGY TRUST FUND, CREATED IN
SECTION 183.28 OF THE REVISED CODE:
YEAR | PERCENTAGE |
2000 | 7.44 |
2001 | 6.01 |
2002 | 9.33 |
2003 | 8.22 |
2004 | 3.91 |
2005 | 3.48 |
2006 | 3.05 |
2007 | 13.21 |
2008 | 18.03 |
2009 | 17.21 |
2010 | 16.39 |
2011 | 15.57 |
2012 | 14.75 |
(I) IF IN ANY YEAR FROM 2001 TO 2012 THE PAYMENTS AND INTEREST
CREDITED TO THE TOBACCO MASTER SETTLEMENT AGREEMENT FUND DURING THE YEAR
AMOUNT TO LESS THAN THE AMOUNTS REQUIRED TO BE
TRANSFERRED TO THE EDUCATION FACILITIES TRUST FUND
AND THE EDUCATION FACILITIES ENDOWMENT
FUND THAT YEAR, THE DIRECTOR OF BUDGET AND MANAGEMENT SHALL MAKE NONE OF THE
TRANSFERS REQUIRED BY
DIVISIONS (A) TO (H) OF THIS SECTION.
(J) IF IN ANY YEAR FROM 2000 TO 2025 THE PAYMENTS CREDITED TO THE
TOBACCO MASTER SETTLEMENT AGREEMENT FUND DURING THE YEAR EXCEED
THE FOLLOWING AMOUNTS, THE DIRECTOR OF BUDGET AND MANAGEMENT SHALL
TRANSFER THE EXCESS TO THE INCOME TAX REDUCTION FUND, CREATED IN
SECTION 131.44 OF THE REVISED CODE:
YEAR | AMOUNT |
2000 | $443,892,767.51 |
2001 | 348,780,049.22 |
2002 | 418,783,038.09 |
2003 | 422,746,366.61 |
2004 | 352,827,184.57 |
2005 | 352,827,184.57 |
2006 | 352,827,184.57 |
2007 | 352,827,184.57 |
2008 TO 2017 | 383,779,323.15 |
2018 TO 2025 | 403,202,282.16 |
Sec. 183.021. (A) NO MONEY FROM THE TOBACCO MASTER SETTLEMENT
AGREEMENT FUND SHALL BE EXPENDED TO DO ANY OF THE FOLLOWING:
(1) HIRE AN EXECUTIVE AGENCY LOBBYIST, AS DEFINED UNDER SECTION
121.60 of the Revised Code, OR A LEGISLATIVE AGENT, AS DEFINED
UNDER SECTION 101.70 of the Revised Code;
(2) SUPPORT OR OPPOSE CANDIDATES, BALLOT QUESTIONS, REFERENDUMS,
OR BALLOT INITIATIVES.
(B) NOTHING IN THIS SECTION PROHIBITS ANY OF THE FOLLOWING FROM
ADVOCATING ON BEHALF OF THE SPECIFIC OBJECTIVES OF A PROGRAM FUNDED UNDER
THIS CHAPTER:
(1) THE MEMBERS OF THE BOARD OF TRUSTEES, EXECUTIVE DIRECTOR, OR
EMPLOYEES OF THE TOBACCO USE PREVENTION AND CONTROL FOUNDATION;
(2) THE MEMBERS OF THE BOARD OF TRUSTEES, EXECUTIVE DIRECTOR, OR
EMPLOYEES OF THE SOUTHERN OHIO AGRICULTURAL AND COMMUNITY
DEVELOPMENT FOUNDATION;
(3) THE MEMBERS, EXECUTIVE DIRECTOR, OR EMPLOYEES OF THE
BIOMEDICAL RESEARCH AND TECHNOLOGY TRANSFER COMMISSION.
Sec. 183.03. THE TOBACCO USE PREVENTION AND CESSATION TRUST FUND
IS HEREBY CREATED IN THE STATE TREASURY. MONEY CREDITED TO THE FUND
SHALL BE USED AS PROVIDED IN SECTIONS 183.04 TO 183.10 OF THE
REVISED
CODE. ALL INVESTMENT EARNINGS OF THE FUND SHALL BE CREDITED TO
THE FUND.
Sec. 183.04. THERE IS HEREBY CREATED THE TOBACCO USE PREVENTION
AND CONTROL FOUNDATION, THE GENERAL MANAGEMENT OF WHICH IS VESTED IN A
BOARD OF TRUSTEES OF TWENTY MEMBERS AS FOLLOWS:
(A) EIGHT MEMBERS WHO ARE HEALTH PROFESSIONALS, HEALTH
RESEARCHERS, OR REPRESENTATIVES OF HEALTH ORGANIZATIONS. TWO OF THESE
MEMBERS SHALL BE APPOINTED BY THE GOVERNOR, TWO BY THE
SPEAKER OF THE HOUSE OF REPRESENTATIVES, ONE BY THE MINORITY
LEADER OF THE HOUSE OF REPRESENTATIVES, TWO BY THE PRESIDENT OF THE SENATE,
AND ONE
BY THE MINORITY LEADER OF THE SENATE.
(B) TWO MEMBERS, ONE OF WHOM HAS EXPERIENCE IN FINANCIAL PLANNING
AND ACCOUNTING AND ONE OF WHOM HAS EXPERIENCE IN MEDIA AND MASS
MARKETING, WHO SHALL BE APPOINTED BY THE GOVERNOR;
(C) ONE MEMBER, WHO SHALL BE APPOINTED BY THE GOVERNOR FROM A
LIST OF AT LEAST THREE INDIVIDUALS RECOMMENDED BY THE AMERICAN
CANCER SOCIETY;
(D) ONE MEMBER, WHO SHALL BE APPOINTED BY THE GOVERNOR FROM A
LIST OF AT LEAST THREE INDIVIDUALS RECOMMENDED BY THE AMERICAN
HEART ASSOCIATION;
(E) ONE MEMBER, WHO SHALL BE APPOINTED BY THE GOVERNOR FROM A
LIST OF AT LEAST THREE INDIVIDUALS RECOMMENDED BY THE AMERICAN
LUNG ASSOCIATION;
(F) ONE MEMBER, WHO SHALL BE APPOINTED BY THE GOVERNOR FROM A
LIST OF AT LEAST THREE INDIVIDUALS RECOMMENDED BY THE ASSOCIATION OF
HOSPITALS AND HEALTH SYSTEMS;
(G) ONE MEMBER, WHO SHALL BE APPOINTED BY THE GOVERNOR FROM A
LIST OF AT LEAST THREE INDIVIDUALS RECOMMENDED BY THE OHIO STATE
MEDICAL
ASSOCIATION;
(H) ONE MEMBER, WHO SHALL BE APPOINTED BY THE GOVERNOR FROM A
LIST OF AT LEAST THREE INDIVIDUALS RECOMMENDED BY THE ASSOCIATION OF
OHIO HEALTH COMMISSIONERS;
(I) ONE MEMBER, WHO SHALL BE
APPOINTED BY THE GOVERNOR FROM A LIST OF AT LEAST THREE INDIVIDUALS
RECOMMENDED BY THE OHIO DENTAL ASSOCIATION;
(J) THE DIRECTOR OF HEALTH, EXECUTIVE DIRECTOR OF THE COMMISSION
ON MINORITY HEALTH, AND ATTORNEY GENERAL, WHO SHALL SERVE AS EX OFFICIO
MEMBERS.
THE APPOINTMENTS OF THE GOVERNOR SHALL BE WITH THE ADVICE AND
CONSENT OF THE SENATE.
TERMS OF OFFICE FOR THE MEMBERS APPOINTED BY THE GOVERNOR,
PRESIDENT, SPEAKER, AND MINORITY LEADERS SHALL BE FOR FIVE YEARS. EACH MEMBER
SHALL HOLD
OFFICE FROM THE DATE OF APPOINTMENT UNTIL THE END OF THE TERM FOR WHICH
THE MEMBER WAS APPOINTED. ANY MEMBER APPOINTED TO FILL A VACANCY
OCCURRING PRIOR TO THE EXPIRATION OF THE TERM FOR WHICH THE
MEMBER'S PREDECESSOR WAS APPOINTED SHALL HOLD OFFICE FOR THE
REMAINDER OF THAT TERM. ANY MEMBER SHALL CONTINUE IN OFFICE
SUBSEQUENT TO THE EXPIRATION DATE OF THE MEMBER'S TERM UNTIL THE
MEMBER'S SUCCESSOR TAKES OFFICE, OR UNTIL A PERIOD OF SIXTY DAYS
HAS ELAPSED, WHICHEVER OCCURS FIRST. A VACANCY IN AN UNEXPIRED
TERM SHALL BE FILLED IN THE SAME MANNER AS THE ORIGINAL
APPOINTMENT. THE GOVERNOR MAY REMOVE ANY MEMBER FOR MALFEASANCE,
MISFEASANCE, OR NONFEASANCE AFTER A HEARING IN ACCORDANCE WITH
CHAPTER 119. OF
THE REVISED CODE.
THE MEMBERS OF THE BOARD SHALL SERVE WITHOUT COMPENSATION BUT
SHALL RECEIVE THEIR REASONABLE AND NECESSARY EXPENSES INCURRED IN THE
CONDUCT OF FOUNDATION BUSINESS.
SECTION 101.84 OF THE REVISED CODE DOES NOT APPLY TO THE
FOUNDATION.
Sec. 183.05. THE BOARD OF TRUSTEES OF THE TOBACCO USE PREVENTION
AND CONTROL FOUNDATION SHALL SELECT A CHAIRPERSON FROM AMONG ITS MEMBERS
AND SHALL MEET ONCE DURING EACH QUARTER OR AT SUCH OTHER TIMES AS THE
BOARD DECIDES. A MAJORITY OF THE MEMBERS OF THE BOARD CONSTITUTES
A QUORUM, AND NO ACTION SHALL BE TAKEN WITHOUT THE AFFIRMATIVE
VOTE OF A MAJORITY OF THE MEMBERS.
Sec. 183.06. THE BOARD OF TRUSTEES OF THE TOBACCO USE PREVENTION
AND CONTROL FOUNDATION SHALL APPOINT AND SET THE COMPENSATION OF AN
EXECUTIVE DIRECTOR AND OTHER EMPLOYEES NEEDED TO CARRY OUT THE DUTIES OF
THE FOUNDATION. BEFORE ENTERING UPON THE DISCHARGE OF THE DUTIES OF
OFFICE, THE EXECUTIVE DIRECTOR SHALL GIVE A BOND TO THE STATE, TO
BE APPROVED BY THE GOVERNOR, CONDITIONED FOR THE FAITHFUL
PERFORMANCE OF THE DUTIES OF OFFICE. THE EXECUTIVE DIRECTOR AND
THE OTHER EMPLOYEES OF THE FOUNDATION ARE STATE EMPLOYEES AND
SERVE IN THE UNCLASSIFIED SERVICE.
Sec. 183.07. THE TOBACCO USE PREVENTION AND CONTROL FOUNDATION
SHALL PREPARE A PLAN TO REDUCE TOBACCO USE BY OHIOANS, WITH
EMPHASIS ON REDUCING THE USE OF TOBACCO BY YOUTH, MINORITY AND REGIONAL
POPULATIONS, PREGNANT WOMEN, AND OTHERS WHO MAY BE
DISPROPORTIONATELY AFFECTED BY THE USE OF TOBACCO. THE PLAN SHALL
COVER A PERIOD OF AT LEAST FIVE YEARS AND BE UPDATED ANNUALLY. AT
A MINIMUM, THE PLAN SHALL CONTAIN BASELINE DATA FOR TOBACCO USE BY
OHIOANS AND ESTABLISH OUTCOME OBJECTIVES FOR REDUCING TOBACCO USE
BY OHIOANS DURING THE PERIOD COVERED BY THE PLAN.
THE PLAN MAY PROVIDE
FOR PERIODIC SURVEYS TO MEASURE TOBACCO USE AND BEHAVIOR TOWARD TOBACCO
USE BY OHIOANS. COPIES OF THE
PLAN SHALL BE AVAILABLE TO THE PUBLIC.
THE PLAN MAY ALSO DESCRIBE YOUTH TOBACCO CONSUMPTION
PREVENTION PROGRAMS TO BE ELIGIBLE FOR CONSIDERATION FOR GRANTS FROM THE
FOUNDATION AND MAY SET FORTH THE CRITERIA BY WHICH APPLICATIONS FOR GRANTS
FOR SUCH PROGRAMS WILL BE CONSIDERED BY THE FOUNDATION. PROGRAMS ELIGIBLE FOR
CONSIDERATION MAY INCLUDE:
(A) MEDIA CAMPAIGNS DIRECTED TO YOUTH TO PREVENT UNDERAGE
TOBACCO CONSUMPTION;
(B) SCHOOL-BASED EDUCATION PROGRAMS TO PREVENT YOUTH TOBACCO
CONSUMPTION;
(C) COMMUNITY-BASED YOUTH PROGRAMS INVOLVING YOUTH TOBACCO
CONSUMPTION PREVENTION THROUGH GENERAL YOUTH DEVELOPMENT;
(D) RETAILER EDUCATION AND COMPLIANCE EFFORTS TO PREVENT YOUTH
TOBACCO CONSUMPTION;
(E) MENTORING PROGRAMS DESIGNED TO PREVENT OR REDUCE TOBACCO USE
BY STUDENTS.
PURSUANT TO THE PLAN, THE FOUNDATION SHALL CARRY OUT, OR PROVIDE
FUNDING FOR PRIVATE OR PUBLIC AGENCIES TO CARRY OUT, RESEARCH AND
PROGRAMS RELATED TO TOBACCO USE PREVENTION AND CESSATION. THE
FOUNDATION SHALL ESTABLISH AN OBJECTIVE PROCESS TO DETERMINE WHICH
RESEARCH AND PROGRAM PROPOSALS TO FUND. WHEN APPROPRIATE,
PROPOSALS FOR RESEARCH SHALL BE PEER-REVIEWED. NO PROGRAM SHALL
BE CARRIED OUT OR FUNDED BY THE FOUNDATION UNLESS THERE IS
RESEARCH THAT INDICATES THAT THE PROGRAM IS LIKELY TO ACHIEVE THE
RESULTS DESIRED. ALL RESEARCH AND PROGRAMS FUNDED BY THE
FOUNDATION SHALL BE GOAL-ORIENTED AND INDEPENDENTLY AND
OBJECTIVELY EVALUATED ANNUALLY ON WHETHER IT IS MEETING ITS GOALS.
THE FOUNDATION SHALL CONTRACT FOR SUCH EVALUATIONS AND FOR THE
ANNUAL EVALUATION REQUIRED BY SECTION 183.09 OF THE REVISED
CODE
AND SHALL ADOPT RULES UNDER CHAPTER 119. OF THE REVISED
CODE REGARDING CONFLICTS OF INTEREST IN
THE RESEARCH AND PROGRAMS IT FUNDS.
THE FOUNDATION SHALL ENDEAVOR TO COORDINATE ITS RESEARCH AND
PROGRAMS WITH THE EFFORTS OF OTHER AGENCIES OF THIS STATE TO REDUCE
TOBACCO USE BY OHIOANS. ANY STATE AGENCY THAT
CONDUCTS A SURVEY THAT MEASURES TOBACCO USE OR BEHAVIOR TOWARD TOBACCO
USE BY OHIOANS SHALL SHARE THE RESULTS OF THE SURVEY WITH THE
FOUNDATION.
Sec. 183.08. (A) THERE IS HEREBY CREATED THE TOBACCO USE
PREVENTION
AND CONTROL ENDOWMENT FUND, WHICH SHALL BE IN THE CUSTODY OF THE
TREASURER OF STATE BUT SHALL NOT BE A PART OF THE STATE TREASURY.
THE ENDOWMENT FUND SHALL CONSIST OF AMOUNTS APPROPRIATED FROM THE
TOBACCO USE PREVENTION AND CESSATION TRUST FUND, AS WELL AS GRANTS
AND DONATIONS MADE TO THE TOBACCO USE PREVENTION AND CONTROL
FOUNDATION AND INVESTMENT EARNINGS OF THE FUND. THE ENDOWMENT FUND SHALL BE
USED BY THE FOUNDATION TO
CARRY OUT ITS DUTIES.
THE FOUNDATION IS THE TRUSTEE OF THE ENDOWMENT FUND.
DISBURSEMENTS FROM THE FUND SHALL BE PAID BY THE TREASURER OF
STATE ONLY UPON INSTRUMENTS DULY AUTHORIZED BY THE BOARD OF
TRUSTEES OF THE FOUNDATION. AT THE REQUEST OF THE FOUNDATION, THE
TREASURER OF STATE SHALL SELECT AND CONTRACT WITH ONE OR MORE
INVESTMENT MANAGERS TO INVEST ALL MONEY CREDITED TO THE FUND THAT
IS NOT CURRENTLY NEEDED FOR CARRYING OUT THE FUNCTIONS OF THE
FOUNDATION. THE ELIGIBLE LIST OF INVESTMENTS SHALL BE THE SAME AS
FOR THE PUBLIC EMPLOYEES RETIREMENT SYSTEM UNDER SECTION 145.11 OF
THE REVISED CODE. ALL INVESTMENTS SHALL BE SUBJECT TO THE
SAME
LIMITATIONS AND REQUIREMENTS AS THE RETIREMENT SYSTEM UNDER THAT SECTION
AND SECTIONS 145.112 AND 145.113 OF THE REVISED CODE.
(B) THE FOUNDATION SHALL BE SELF-SUSTAINING AND SHOULD NOT EXPECT
TO
RECEIVE FUNDING FROM THE STATE BEYOND THE AMOUNTS APPROPRIATED TO IT
FROM THE TOBACCO USE PREVENTION AND CESSATION TRUST FUND.
Sec. 183.09. THE FISCAL YEAR OF THE TOBACCO USE PREVENTION AND
CONTROL FOUNDATION SHALL BE THE SAME AS THE FISCAL YEAR OF THE STATE.
WITHIN NINETY DAYS AFTER THE END OF EACH FISCAL YEAR, THE
FOUNDATION SHALL SUBMIT TO THE GOVERNOR AND THE GENERAL ASSEMBLY BOTH OF
THE FOLLOWING:
(A) A REPORT OF THE ACTIVITIES OF THE FOUNDATION DURING THE
PRECEDING FISCAL YEAR AND AN INDEPENDENT AND OBJECTIVE EVALUATION OF THE
PROGRESS BEING MADE BY THE FOUNDATION IN REDUCING
TOBACCO USE BY OHIOANS;
(B) A FINANCIAL REPORT OF THE FOUNDATION FOR THE PRECEDING FISCAL
YEAR, WHICH SHALL INCLUDE BOTH:
(1) INFORMATION ON THE AMOUNT AND PERCENTAGE OF OVERHEAD AND
ADMINISTRATIVE EXPENDITURES COMPARED TO PROGRAMMATIC EXPENDITURES;
(2) AN INDEPENDENT AUDITOR'S REPORT ON THE GENERAL PURPOSE
FINANCIAL STATEMENTS OF THE FOUNDATION. SUCH FINANCIAL STATEMENTS SHALL
BE PREPARED IN CONFORMITY WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES
PRESCRIBED FOR GOVERNMENTAL ENTITIES.
Sec. 183.10. THE LAW ENFORCEMENT IMPROVEMENTS TRUST FUND IS
HEREBY CREATED IN THE STATE TREASURY. MONEY CREDITED TO THE FUND SHALL
BE USED BY THE ATTORNEY GENERAL TO MAINTAIN, UPGRADE, AND MODERNIZE THE
LAW ENFORCEMENT TRAINING AND LABORATORY FACILITIES OF THE OFFICE OF THE
ATTORNEY GENERAL. ALL INVESTMENT EARNINGS OF THE FUND SHALL BE
CREDITED TO THE FUND.
Sec. 183.11. THE SOUTHERN OHIO AGRICULTURAL AND COMMUNITY
DEVELOPMENT TRUST FUND IS HEREBY CREATED IN THE STATE TREASURY.
MONEY CREDITED TO THE FUND SHALL BE USED AS PROVIDED IN SECTIONS
183.12 TO 183.17 OF THE REVISED CODE. ALL INVESTMENT
EARNINGS OF
THE FUND SHALL BE CREDITED TO THE FUND.
Sec. 183.12. THERE IS HEREBY CREATED THE SOUTHERN OHIO
AGRICULTURAL AND COMMUNITY DEVELOPMENT FOUNDATION, THE GENERAL MANAGEMENT OF
WHICH IS VESTED IN A BOARD OF TRUSTEES OF TWELVE
MEMBERS AS FOLLOWS:
(A) THE DIRECTOR OF AGRICULTURE,
DIRECTOR OF DEVELOPMENT, EXECUTIVE DIRECTOR OF THE
OHIO RURAL DEVELOPMENT PARTNERSHIP, AND DIRECTOR OF THE OHIO
STATE UNIVERSITY EXTENSION,
WHO SHALL SERVE AS EX OFFICIO OFFICERS;
(B) TWO RESIDENTS OF MAJOR TOBACCO-PRODUCING COUNTIES WITH
EXPERIENCE IN
LOCAL AGRICULTURAL ECONOMIC DEVELOPMENT OR COMMUNITY DEVELOPMENT
APPOINTED BY THE GOVERNOR;
(C) THREE ACTIVE FARMERS FROM MAJOR TOBACCO-PRODUCING COUNTIES,
WHO SHALL BE APPOINTED
BY
THE
GOVERNOR, TWO OF WHOM SHALL BE APPOINTED FROM A LIST OF AT LEAST FOUR
INDIVIDUALS RECOMMENDED BY THE OHIO FARM BUREAU AND ONE OF WHOM SHALL
BE APPOINTED FROM A LIST OF AT LEAST TWO INDIVIDUALS RECOMMENDED BY THE
FARMERS' UNION;
(D) THREE ACTIVE TOBACCO FARMERS FROM MAJOR TOBACCO-PRODUCING
COUNTIES, WHO SHALL BE APPOINTED BY THE GOVERNOR FROM A LIST OF AT LEAST SIX
INDIVIDUALS RECOMMENDED BY THE OHIO TOBACCO GROWERS ASSOCIATION.
THE APPOINTMENTS OF THE GOVERNOR SHALL BE WITH THE ADVICE AND
CONSENT OF THE SENATE.
TERMS OF OFFICE FOR THE MEMBERS APPOINTED BY THE GOVERNOR SHALL BE
FOR FIVE YEARS. EACH SUCH MEMBER SHALL HOLD OFFICE FROM THE DATE OF
APPOINTMENT UNTIL THE END OF THE TERM FOR WHICH THE MEMBER WAS
APPOINTED. ANY MEMBER APPOINTED BY THE GOVERNOR TO FILL A VACANCY OCCURRING
PRIOR
TO THE EXPIRATION OF THE TERM FOR WHICH THE MEMBER'S PREDECESSOR
WAS APPOINTED SHALL HOLD OFFICE FOR THE REMAINDER OF SUCH TERM.
ANY MEMBER APPOINTED BY THE GOVERNOR SHALL CONTINUE IN OFFICE SUBSEQUENT TO
THE EXPIRATION
DATE OF THE MEMBER'S TERM UNTIL THE MEMBER'S SUCCESSOR TAKES
OFFICE, OR UNTIL A PERIOD OF SIXTY DAYS HAS ELAPSED, WHICHEVER
OCCURS FIRST. THE GOVERNOR MAY
REMOVE ANY MEMBER APPOINTED BY THE GOVERNOR FOR MALFEASANCE, MISFEASANCE, OR
NONFEASANCE
AFTER A HEARING IN ACCORDANCE WITH CHAPTER 119. OF THE
REVISED
CODE.
A VACANCY ON THE BOARD SHALL BE FILLED IN
THE SAME MANNER AS THE ORIGINAL APPOINTMENT.
THE MEMBERS OF THE BOARD SHALL SERVE WITHOUT COMPENSATION BUT
SHALL RECEIVE THEIR REASONABLE AND NECESSARY EXPENSES INCURRED IN THE
CONDUCT OF FOUNDATION BUSINESS.
SECTION 101.84 OF THE REVISED CODE DOES NOT APPLY TO THE
FOUNDATION.
AS USED IN THIS SECTION, "MAJOR TOBACCO-PRODUCING COUNTIES" MEANS
ANY OF THE COUNTIES, RANKED IN DESCENDING ORDER OF POUNDS PRODUCED,
WHERE NINETY-FIVE PER CENT OF THE 1998 BURLEY TOBACCO QUOTA FOR THE
STATE WAS PRODUCED.
Sec. 183.13. THE BOARD OF TRUSTEES OF THE SOUTHERN OHIO
AGRICULTURAL AND COMMUNITY DEVELOPMENT FOUNDATION SHALL SELECT A CHAIRPERSON
FROM AMONG ITS MEMBERS AND MEET ONCE DURING EACH
QUARTER OR AT SUCH OTHER TIMES AS THE BOARD
DECIDES. A MAJORITY OF THE VOTING MEMBERS OF THE BOARD CONSTITUTES A QUORUM,
AND NO ACTION SHALL BE TAKEN WITHOUT THE
AFFIRMATIVE VOTE OF A MAJORITY OF THE VOTING MEMBERS.
Sec. 183.14. THE BOARD OF TRUSTEES OF THE SOUTHERN OHIO
AGRICULTURAL AND COMMUNITY DEVELOPMENT FOUNDATION SHALL APPOINT AND SET THE
COMPENSATION OF AN EXECUTIVE DIRECTOR AND OTHER
EMPLOYEES NEEDED TO CARRY OUT THE DUTIES OF THE FOUNDATION.
BEFORE ENTERING UPON THE DISCHARGE OF THE DUTIES OF OFFICE, THE
EXECUTIVE DIRECTOR SHALL GIVE A BOND TO THE STATE, TO BE APPROVED
BY THE GOVERNOR, CONDITIONED FOR THE FAITHFUL PERFORMANCE OF THE
DUTIES OF OFFICE. THE EXECUTIVE DIRECTOR AND THE OTHER EMPLOYEES
OF THE FOUNDATION ARE STATE EMPLOYEES AND SERVE IN THE
UNCLASSIFIED SERVICE.
Sec. 183.15. THE SOUTHERN OHIO AGRICULTURAL AND COMMUNITY
DEVELOPMENT FOUNDATION SHALL ENDEAVOR TO REPLACE THE PRODUCTION OF
TOBACCO IN SOUTHERN OHIO WITH THE PRODUCTION OF OTHER
AGRICULTURAL PRODUCTS AND TO MITIGATE THE ADVERSE ECONOMIC IMPACT OF REDUCED
TOBACCO
PRODUCTION IN THE REGION BY PREPARING, IMPLEMENTING, AND KEEPING CURRENT A
PLAN TO
DEVELOP MEANS FOR TOBACCO GROWERS TO GROW OTHER AGRICULTURAL
PRODUCTS VOLUNTARILY, WHICH MAY INCLUDE ANY OF THE FOLLOWING:
(A) INCREASING THE VARIETY, QUANTITY, AND VALUE OF AGRICULTURAL
PRODUCTS OTHER THAN TOBACCO THAT ARE PRODUCED IN THOSE PARTS OF THIS
STATE WHERE TOBACCO HAS TRADITIONALLY BEEN GROWN;
(B) PRESERVING AGRICULTURAL LAND AND SOILS IN THOSE PARTS OF THIS
STATE WHERE TOBACCO HAS TRADITIONALLY BEEN GROWN;
(C) MAKING STRATEGIC INVESTMENTS IN COMMUNITIES THAT WILL BE
AFFECTED BY THE REDUCTION IN THE DEMAND FOR TOBACCO;
(D) PROVIDING EDUCATION AND TRAINING ASSISTANCE TO TOBACCO
GROWERS
TO HELP THEM MAKE THE TRANSITION OUT OF TOBACCO PRODUCTION.
COPIES OF THE PLAN SHALL BE MADE AVAILABLE TO THE PUBLIC.
THE FOUNDATION SHALL MAKE GRANTS OR LOANS TO INDIVIDUALS, PUBLIC
AGENCIES, OR PRIVATELY OWNED COMPANIES TO CARRY OUT THE PLAN. THE
FOUNDATION SHALL ALSO ADOPT RULES UNDER CHAPTER 119. OF THE
REVISED CODE REGARDING
CONFLICTS OF INTEREST IN THE MAKING OF GRANTS OR LOANS.
Sec. 183.16. THERE IS HEREBY CREATED THE SOUTHERN
OHIO
AGRICULTURAL AND COMMUNITY DEVELOPMENT FOUNDATION ENDOWMENT FUND, WHICH SHALL
BE IN THE CUSTODY OF THE TREASURER OF STATE BUT
SHALL NOT BE A PART OF THE STATE TREASURY. THE ENDOWMENT FUND SHALL
CONSIST OF AMOUNTS APPROPRIATED FROM THE SOUTHERN OHIO
AGRICULTURAL AND COMMUNITY DEVELOPMENT TRUST FUND, AS WELL AS GRANTS AND
DONATIONS MADE TO
THE SOUTHERN OHIO AGRICULTURAL AND COMMUNITY DEVELOPMENT
FOUNDATION AND INVESTMENT EARNINGS OF THE FUND. THE ENDOWMENT FUND SHALL BE
USED BY THE FOUNDATION TO CARRY
OUT ITS DUTIES.
THE FOUNDATION IS THE TRUSTEE OF THE ENDOWMENT FUND.
DISBURSEMENTS FROM THE FUND SHALL BE PAID BY THE TREASURER OF STATE ONLY
UPON INSTRUMENTS DULY AUTHORIZED BY THE BOARD OF TRUSTEES OF THE
FOUNDATION. AT THE REQUEST OF THE FOUNDATION, THE TREASURER OF
STATE SHALL SELECT AND CONTRACT WITH ONE OR MORE INVESTMENT
MANAGERS TO INVEST ALL MONEY CREDITED TO THE FUND THAT IS NOT
CURRENTLY NEEDED FOR CARRYING OUT THE FUNCTIONS OF THE FOUNDATION.
THE ELIGIBLE LIST OF INVESTMENTS SHALL BE THE SAME AS FOR THE
PUBLIC EMPLOYEES RETIREMENT SYSTEM UNDER SECTION 145.11 OF THE
REVISED CODE. ALL INVESTMENTS
SHALL BE SUBJECT TO THE SAME LIMITATIONS AND REQUIREMENTS AS THE RETIREMENT
SYSTEM UNDER THAT
SECTION AND SECTIONS 145.112 AND 145.113 OF THE REVISED
CODE.
NO MONEY FROM THE SOUTHERN OHIO AGRICULTURAL AND COMMUNITY
DEVELOPMENT FOUNDATION ENDOWMENT FUND SHALL BE USED FOR THE DIRECT PRODUCTION
COSTS OF
GROWING TOBACCO.
Sec. 183.17. THE FISCAL YEAR OF THE SOUTHERN OHIO AGRICULTURAL
AND COMMUNITY DEVELOPMENT FOUNDATION SHALL BE THE SAME AS THE FISCAL YEAR
OF THE STATE.
WITHIN NINETY DAYS AFTER THE END OF EACH FISCAL YEAR, THE
FOUNDATION SHALL SUBMIT TO THE GOVERNOR AND THE GENERAL ASSEMBLY BOTH OF
THE FOLLOWING:
(A) A REPORT OF THE ACTIVITIES OF THE FOUNDATION DURING THE
PRECEDING FISCAL YEAR. THE REPORT SHALL ALSO CONTAIN AN INDEPENDENT
EVALUATION OF THE PROGRESS BEING MADE BY THE FOUNDATION IN
CARRYING OUT ITS DUTIES.
(B) A FINANCIAL REPORT OF THE FOUNDATION FOR THE PRECEDING YEAR,
WHICH SHALL INCLUDE BOTH:
(1) INFORMATION ON THE AMOUNT AND PERCENTAGE OF OVERHEAD AND
ADMINISTRATIVE EXPENDITURES COMPARED TO PROGRAMMATIC EXPENDITURES;
(2) AN INDEPENDENT AUDITOR'S REPORT ON THE GENERAL PURPOSE
FINANCIAL STATEMENTS OF THE FOUNDATION. SUCH FINANCIAL STATEMENTS SHALL
BE PREPARED IN CONFORMITY WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES
PRESCRIBED FOR GOVERNMENTAL ENTITIES.
ON OR BEFORE JULY 1, 2010, THE FOUNDATION SHALL REPORT TO THE
GOVERNOR AND THE GENERAL ASSEMBLY ON THE PROGRESS THAT THE FOUNDATION HAS MADE
IN REPLACING THE PRODUCTION OF TOBACCO IN
SOUTHERN OHIO WITH THE PRODUCTION OF OTHER AGRICULTURAL PRODUCTS
AND IN MITIGATING THE ADVERSE ECONOMIC IMPACT OF REDUCED TOBACCO PRODUCTION IN
THE REGION. IF THE
FOUNDATION CONCLUDES THAT A NEED FOR ADDITIONAL FUNDING STILL EXISTS, THE
FOUNDATION MAY REQUEST
THAT PROVISION BE MADE FOR A PORTION OF THE PAYMENTS CREDITED TO
THE TOBACCO MASTER SETTLEMENT AGREEMENT FUND TO CONTINUE TO BE
TRANSFERRED TO THE SOUTHERN OHIO AGRICULTURAL AND COMMUNITY
DEVELOPMENT TRUST FUND.
Sec. 183.18. OHIO'S PUBLIC HEALTH PRIORITIES TRUST FUND IS HEREBY
CREATED IN THE STATE TREASURY. MONEY CREDITED TO THE FUND SHALL BE USED
FOR THE FOLLOWING PURPOSES:
(A) MINORITY HEALTH PROGRAMS, ON WHICH NOT LESS THAN TWENTY-FIVE
PER CENT OF THE ANNUAL APPROPRIATIONS FROM THE TRUST FUND SHALL BE
EXPENDED;
(B) ENFORCING SECTION 2927.02 OF THE REVISED
CODE;
(C) ALCOHOL AND DRUG ABUSE PREVENTION PROGRAMS, INCLUDING
PROGRAMS FOR ADULT AND JUVENILE OFFENDERS IN STATE INSTITUTIONS AND
AFTERCARE PROGRAMS;
(D) A NON-ENTITLEMENT PROGRAM FUNDED THROUGH THE DEPARTMENT OF
HEALTH TO PROVIDE EMERGENCY
ASSISTANCE CONSISTING OF MEDICATION, OXYGEN, OR BOTH TO
SENIORS WHOSE HEALTH HAS BEEN ADVERSELY AFFECTED
BY TOBACCO USE AND WHOSE INCOME DOES NOT EXCEED ONE HUNDRED PER CENT OF THE
FEDERAL POVERTY GUIDELINES, ON WHICH FIVE PER CENT OF THE ANNUAL
APPROPRIATIONS FROM THE TRUST FUND SHALL BE EXPENDED.
HOWEVER, IF
FEDERAL FUNDING BECOMES AVAILABLE FOR THIS PURPOSE, THE DEPARTMENT SHALL
UTILIZE THE FEDERAL FUNDING AND THE APPROPRIATIONS FROM THE TRUST FUND
SHALL BE USED FOR THE OTHER PURPOSES AUTHORIZED BY THIS SECTION. IF THE
FEDERAL PROGRAM REQUIRES SENIORS DESCRIBED BY THIS DIVISION TO PAY
A PREMIUM OR COPAYMENT TO OBTAIN MEDICATION OR OXYGEN, THE
DIRECTOR OF HEALTH SHALL RECOMMEND TO THE GENERAL ASSEMBLY WHETHER
THIS DIVISION'S SET-ASIDE OF FIVE PER CENT OF THE APPROPRIATIONS
FROM THE TRUST FUND SHOULD BE USED TO PAY SUCH PREMIUMS OR
COPAYMENTS. AS USED IN THIS DIVISION, "FEDERAL POVERTY GUIDELINES" HAS THE
SAME MEANING AS IN SECTION
5101.46 OF THE REVISED CODE.
(E) PARTIAL REIMBURSEMENT, ON A COUNTY BASIS, OF
HOSPITALS, FREE MEDICAL CLINICS, AND SIMILAR ORGANIZATIONS OR PROGRAMS THAT
PROVIDE FREE, UNCOMPENSATED CARE TO THE GENERAL
PUBLIC, AND OF COUNTIES THAT PAY
PRIVATE ENTITIES TO PROVIDE SUCH CARE USING REVENUE FROM A PROPERTY TAX
LEVIED AT LEAST IN PART FOR THAT PURPOSE.
ALL INVESTMENT EARNINGS OF THE FUND SHALL BE CREDITED TO THE FUND.
Sec. 183.19. THE BIOMEDICAL RESEARCH AND TECHNOLOGY TRANSFER
TRUST FUND IS HEREBY CREATED IN THE STATE TREASURY. MONEY CREDITED TO
THE FUND SHALL BE USED AS PROVIDED IN SECTIONS 183.20 TO 183.25 OF THE
REVISED CODE. ALL INVESTMENT EARNINGS OF THE FUND SHALL BE
CREDITED TO THE FUND.
Sec. 183.20. THERE IS HEREBY CREATED THE BIOMEDICAL RESEARCH AND
TECHNOLOGY TRANSFER COMMISSION WITHIN THE OHIO BOARD OF REGENTS.
THE COMMISSION SHALL CONSIST OF TWENTY-FIVE MEMBERS AS FOLLOWS:
(A) THE CHANCELLOR OF THE BOARD, DIRECTOR OF DEVELOPMENT,
DIRECTOR OF HEALTH, AND EXECUTIVE DIRECTOR OF THE COMMISSION ON MINORITY
HEALTH, WHO SHALL SERVE AS EX OFFICIO MEMBERS;
(B) THE DIRECTOR OF BUDGET AND MANAGEMENT, WHO SHALL SERVE AS AN
EX OFFICIO MEMBER, OR THE DIRECTOR'S DESIGNEE;
(C) TWELVE MEMBERS, WHO SHALL NOT BE OR REPRESENT POTENTIAL
RECIPIENTS OF GRANTS FROM THE COMMISSION, APPOINTED AS FOLLOWS:
(1) SIX MEMBERS, APPOINTED BY THE GOVERNOR, AT LEAST TWO OF WHOM ARE
EXPERTS IN COMMERCIALIZING THE RESULTS OF BIOMEDICAL RESEARCH;
(2) TWO MEMBERS APPOINTED BY THE SPEAKER OF THE HOUSE OF
REPRESENTATIVES;
(3) ONE MEMBER APPOINTED BY THE MINORITY LEADER OF THE HOUSE OF
REPRESENTATIVES;
(4) TWO MEMBERS APPOINTED BY THE PRESIDENT OF THE SENATE;
(5) ONE MEMBER APPOINTED BY THE MINORITY LEADER OF THE SENATE.
(D) EIGHT NONVOTING MEMBERS APPOINTED BY THE GOVERNOR,
REPRESENTING OHIO'S
BIOMEDICAL RESEARCH INSTITUTIONS.
BEFORE MAKING THEIR APPOINTMENTS, THE GOVERNOR, SPEAKER,
PRESIDENT, AND MINORITY LEADERS SHALL SOLICIT, FROM THE STATE'S MEDICAL
COLLEGES, DENTAL COLLEGES, AND MEDICAL RESEARCH INSTITUTIONS, THE NATIONAL
INSTITUTES OF
HEALTH, AND OTHER SOURCES FAMILIAR WITH EXPERTS IN THE FIELD OF
BIOMEDICAL RESEARCH AND IN COMMERCIALIZING THE RESULTS OF SUCH
RESEARCH, RECOMMENDATIONS AS TO WHOM TO APPOINT.
THE APPOINTMENTS OF THE GOVERNOR SHALL BE WITH THE ADVICE AND
CONSENT OF THE SENATE.
TERMS OF OFFICE FOR THE MEMBERS APPOINTED BY THE GOVERNOR,
PRESIDENT, SPEAKER, AND MINORITY LEADERS SHALL BE FOR FIVE YEARS. EACH MEMBER
SHALL HOLD
OFFICE FROM THE DATE OF APPOINTMENT UNTIL THE END OF THE TERM FOR WHICH
THE MEMBER WAS APPOINTED. ANY MEMBER APPOINTED TO FILL A VACANCY
OCCURRING PRIOR TO THE EXPIRATION OF THE TERM FOR WHICH THE
MEMBER'S PREDECESSOR WAS APPOINTED SHALL HOLD OFFICE FOR THE
REMAINDER OF SUCH TERM. ANY MEMBER SHALL CONTINUE IN OFFICE
SUBSEQUENT TO THE EXPIRATION DATE OF THE MEMBER'S TERM UNTIL THE
MEMBER'S SUCCESSOR TAKES OFFICE, OR UNTIL A PERIOD OF SIXTY DAYS
HAS ELAPSED, WHICHEVER OCCURS FIRST. A VACANCY IN AN UNEXPIRED
TERM SHALL BE FILLED IN THE SAME MANNER AS THE ORIGINAL
APPOINTMENT. THE GOVERNOR MAY REMOVE ANY MEMBER FOR MALFEASANCE,
MISFEASANCE, OR NONFEASANCE AFTER A HEARING IN ACCORDANCE WITH
CHAPTER 119. OF
THE REVISED CODE.
THE MEMBERS OF THE COMMISSION SHALL SERVE WITHOUT COMPENSATION BUT
SHALL RECEIVE THEIR REASONABLE AND NECESSARY EXPENSES INCURRED IN THE
CONDUCT OF COMMISSION BUSINESS.
SECTION 101.84 of the Revised Code DOES NOT APPLY TO THE
COMMISSION.
Sec. 183.21. THE BIOMEDICAL RESEARCH AND TECHNOLOGY TRANSFER
COMMISSION SHALL
MEET ONCE DURING EACH QUARTER OR AT SUCH OTHER TIMES AS THE BOARD
DECIDES. A MAJORITY OF THE MEMBERS OF THE COMMISSION CONSTITUTES
A QUORUM, AND NO ACTION SHALL BE TAKEN WITHOUT THE AFFIRMATIVE VOTE OF A
MAJORITY OF THE MEMBERS.
THE GOVERNOR SHALL APPOINT
THE CHAIRPERSON OF THE COMMISSION FROM AMONG ITS MEMBERS, AND THE
CHAIRPERSON SHALL SERVE IN THAT ROLE AT THE PLEASURE OF THE
GOVERNOR.
Sec. 183.22. THE BIOMEDICAL RESEARCH AND TECHNOLOGY TRANSFER
COMMISSION SHALL APPOINT AND SET THE COMPENSATION OF AN EXECUTIVE DIRECTOR
AND OTHER EMPLOYEES NEEDED TO CARRY OUT THE DUTIES OF THE COMMISSION.
BEFORE ENTERING UPON THE DISCHARGE OF THE DUTIES OF OFFICE, THE
EXECUTIVE DIRECTOR SHALL GIVE A BOND TO THE STATE, TO BE APPROVED
BY THE GOVERNOR, CONDITIONED FOR THE FAITHFUL PERFORMANCE OF THE
DUTIES OF OFFICE. THE EXECUTIVE DIRECTOR AND THE OTHER EMPLOYEES
OF THE COMMISSION ARE STATE EMPLOYEES AND SERVE IN THE
UNCLASSIFIED SERVICE.
Sec. 183.23. THE BOARD OF REGENTS SHALL PROVIDE OFFICE SPACE AND
FACILITIES FOR THE BIOMEDICAL RESEARCH AND TECHNOLOGY TRANSFER COMMISSION.
ANY ADMINISTRATIVE COSTS ASSOCIATED WITH THE
OPERATION OF THE COMMISSION
SHALL BE PAID FROM AMOUNTS APPROPRIATED FROM THE BIOMEDICAL
RESEARCH AND TECHNOLOGY TRANSFER TRUST FUND, CREATED BY SECTION
183.19 OF THE REVISED CODE.
Sec. 183.24. THE BIOMEDICAL RESEARCH AND TECHNOLOGY TRANSFER
COMMISSION SHALL PERIODICALLY MAKE STRATEGIC ASSESSMENTS OF THE TYPES OF
STATE INVESTMENTS IN BIOMEDICAL RESEARCH AND BIOTECHNOLOGY IN THIS STATE
THAT WOULD BE LIKELY TO CREATE JOBS AND BUSINESS OPPORTUNITIES AND
PRODUCE THE MOST BENEFICIAL LONG-TERM IMPROVEMENTS TO THE PUBLIC
HEALTH OF OHIOANS. ONE AREA OF FOCUS FOR THE COMMISSION SHALL BE
BIOMEDICAL RESEARCH AND BIOTECHNOLOGY INITIATIVES THAT ADDRESS
TOBACCO-RELATED ILLNESSES. THE ASSESSMENTS SHALL BE AVAILABLE TO
THE PUBLIC AND SHALL BE USED BY THE COMMISSION TO GUIDE ITS
DECISIONS ON AWARDING GRANTS. THE COMMISSION SHALL ESTABLISH A
COMPETITIVE PROCESS FOR THE AWARD OF GRANTS THAT IS DESIGNED TO
FUND THE MOST MERITORIOUS PROPOSALS AND, WHEN APPROPRIATE, PROVIDE
FOR PEER REVIEW OF PROPOSALS. THE COMMISSION MAY MAKE GRANTS TO
INDIVIDUALS, PUBLIC AGENCIES, PRIVATE COMPANIES OR ORGANIZATIONS,
OR JOINT VENTURES FOR ANY OF A BROAD RANGE OF ACTIVITIES RELATED
TO BIOMEDICAL RESEARCH AND TECHNOLOGY TRANSFER. PRIORITY SHALL BE
GIVEN TO PROPOSALS THAT WOULD LEVERAGE ADDITIONAL PRIVATE AND
PUBLIC FUNDING RESOURCES. THE COMMISSION SHALL ADOPT RULES UNDER
CHAPTER 119. OF THE REVISED CODE REGARDING
CONFLICTS OF INTEREST IN THE AWARDING OF
GRANTS.
WHEN APPROPRIATE, THE COMMISSION SHALL COORDINATE ITS ACTIVITIES
WITH THOSE OF THE TOBACCO USE PREVENTION AND CONTROL FOUNDATION.
Sec. 183.25. WITHIN NINETY DAYS AFTER THE END OF EACH FISCAL
YEAR, THE BIOMEDICAL RESEARCH AND TECHNOLOGY TRANSFER COMMISSION SHALL
SUBMIT TO THE GOVERNOR AND THE GENERAL ASSEMBLY A REPORT OF THE
ACTIVITIES OF THE COMMISSION DURING THE PRECEDING FISCAL YEAR.
Sec. 183.26. THE EDUCATION FACILITIES TRUST FUND IS HEREBY
CREATED IN THE STATE TREASURY. MONEY CREDITED TO THE FUND SHALL BE USED
TO PAY COSTS OF, OR TO PROVIDE THE STATE'S SHARE OF THE COSTS OF,
CONSTRUCTING, RENOVATING, OR REPAIRING PRIMARY AND SECONDARY
SCHOOLS. ALL INVESTMENT EARNINGS OF THE FUND SHALL BE CREDITED TO
THE FUND.
Sec. 183.27. THE EDUCATION FACILITIES ENDOWMENT FUND IS HEREBY
CREATED IN THE STATE TREASURY. IT IS THE INTENT OF THE GENERAL ASSEMBLY
TO MAINTAIN THE FUND AS A PERMANENT SOURCE OF REVENUE FOR CONSTRUCTING,
RENOVATING, OR REPAIRING PRIMARY AND SECONDARY SCHOOLS IN THIS
STATE. AT THE BEGINNING OF EACH QUARTER, ALL INVESTMENT EARNINGS
OF THE ENDOWMENT FUND EARNED DURING THE IMMEDIATELY PRECEDING
QUARTER SHALL BE CREDITED TO THE EDUCATION FACILITIES TRUST FUND.
Sec. 183.28. THE EDUCATION TECHNOLOGY TRUST FUND IS HEREBY
CREATED IN THE STATE TREASURY. MONEY CREDITED TO THE FUND SHALL
BE USED TO PAY COSTS OF NEW AND INNOVATIVE TECHNOLOGY FOR PRIMARY
AND SECONDARY EDUCATION, INCLUDING CHARTERED NONPUBLIC SCHOOLS,
AND HIGHER EDUCATION, INCLUDING STATE INSTITUTIONS OF HIGHER EDUCATION AND
PRIVATE NONPROFIT INSTITUTIONS OF HIGHER EDUCATION HOLDING CERTIFICATES OF
AUTHORIZATION UNDER SECTION 1713.02 OF THE REVISED CODE.
ALL INVESTMENT EARNINGS OF THE FUND SHALL
BE CREDITED TO THE FUND.
Sec. 183.29. THE TREASURER OF STATE
SHALL, EXCEPT FOR ANY PETTY CASH FUNDS, KEEP
ALL MONEY
RECEIVED FROM TOBACCO MASTER SETTLEMENT AGREEMENT PAYMENTS OR
FROM DISTRIBUTIONS UNDER THIS CHAPTER THAT IS NEEDED TO MEET CURRENT DEMANDS
FOR THE MONEY UNDER THIS CHAPTER, IN PUBLIC DEPOSITORIES OF THE ACTIVE
DEPOSITS OF PUBLIC MONEYS OF THE STATE, AS SUCH TERMS ARE USED IN
CHAPTER 135. of the Revised Code.
Sec. 183.30. (A) NO MORE THAN FIVE PER CENT OF THE TOTAL
EXPENDITURES OF THE TOBACCO USE PREVENTION AND CONTROL FOUNDATION IN A FISCAL
YEAR SHALL BE FOR ADMINISTRATIVE EXPENSES OF THE
FOUNDATION.
(B) NO MORE THAN FIVE PER CENT OF THE TOTAL EXPENDITURES OF THE
SOUTHERN OHIO AGRICULTURAL AND COMMUNITY DEVELOPMENT FOUNDATION IN
A FISCAL YEAR SHALL BE FOR ADMINISTRATIVE EXPENSES OF THE
FOUNDATION.
(C) NO MORE THAN FIVE PER CENT OF THE TOTAL EXPENDITURES OF THE
BIOMEDICAL RESEARCH AND TECHNOLOGY TRANSFER COMMISSION IN A FISCAL
YEAR SHALL BE FOR ADMINISTRATIVE EXPENSES OF THE COMMISSION.
Sec. 183.31. (A) A PUBLIC OR PRIVATE AGENCY THAT RECEIVES
FUNDING FROM THE TOBACCO USE PREVENTION AND CONTROL FOUNDATION SHALL EXPEND NO
MORE THAN TEN PER CENT OF THAT FUNDING ON
ADMINISTRATIVE EXPENSES.
(B) AN INDIVIDUAL, PUBLIC AGENCY, OR PRIVATELY OWNED COMPANY THAT
RECEIVES A GRANT OR LOAN FROM THE SOUTHERN OHIO AGRICULTURAL AND
COMMUNITY DEVELOPMENT FOUNDATION SHALL EXPEND NO MORE THAN TEN PER CENT OF
THAT GRANT OR LOAN ON
ADMINISTRATIVE EXPENSES.
(C) AN INDIVIDUAL, PUBLIC AGENCY, PRIVATE COMPANY OR
ORGANIZATION, OR JOINT VENTURE THAT RECEIVES A GRANT FROM THE BIOMEDICAL
RESEARCH AND TECHNOLOGY TRANSFER COMMISSION SHALL
EXPEND NO MORE THAN TEN PER CENT OF THAT GRANT ON ADMINISTRATIVE
EXPENSES.
Sec. 183.32. IN JANUARY EVERY SIX YEARS BEGINNING IN 2012, THE
PRESIDENT OF THE SENATE SHALL APPOINT THREE SENATORS AND THE
SPEAKER OF THE HOUSE OF REPRESENTATIVES SHALL APPOINT THREE
MEMBERS OF THE HOUSE OF REPRESENTATIVES TO A COMMITTEE TO
REEXAMINE THE USE OF TOBACCO MASTER SETTLEMENT AGREEMENT FUNDS.
NO MORE THAN TWO MEMBERS APPOINTED BY THE PRESIDENT SHALL BE FROM
THE SAME POLITICAL PARTY AS THE PRESIDENT, AND NO MORE THAN TWO
MEMBERS APPOINTED BY THE SPEAKER SHALL BE FROM THE SAME POLITICAL
PARTY AS THE SPEAKER.
THE COMMITTEE SHALL DETERMINE IF THIS CHAPTER'S DISTRIBUTION AND
USES OF REVENUE RECEIVED UNDER THE TOBACCO MASTER SETTLEMENT
AGREEMENT ADEQUATELY REFLECT THE STATE'S PRIORITIES. WITHIN NINE
MONTHS OF ITS FORMATION, THE COMMITTEE SHALL REPORT TO THE GENERAL
ASSEMBLY ANY CHANGES IT RECOMMENDS BE MADE TO THE DISTRIBUTION AND USES. THE
COMMITTEE SHALL CEASE TO EXIST AFTER MAKING ITS REPORT.
Sec. 183.33. NO MONEY SHALL BE APPROPRIATED OR TRANSFERRED FROM
THE GENERAL REVENUE FUND TO THE TOBACCO MASTER SETTLEMENT AGREEMENT
FUND, TOBACCO USE PREVENTION AND CESSATION TRUST FUND, TOBACCO USE
PREVENTION AND CONTROL ENDOWMENT FUND, LAW ENFORCEMENT
IMPROVEMENTS TRUST FUND, SOUTHERN OHIO AGRICULTURAL AND COMMUNITY
DEVELOPMENT TRUST FUND, SOUTHERN OHIO AGRICULTURAL AND COMMUNITY
DEVELOPMENT FOUNDATION ENDOWMENT FUND, OHIO'S PUBLIC HEALTH
PRIORITIES TRUST FUND, BIOMEDICAL RESEARCH AND TECHNOLOGY TRANSFER
TRUST FUND, EDUCATION FACILITIES TRUST FUND, EDUCATION FACILITIES
ENDOWMENT FUND, OR EDUCATION TECHNOLOGY TRUST FUND. IN ADDITION,
NO MONEY SHALL BE OTHERWISE APPROPRIATED OR TRANSFERRED FROM THE
GENERAL REVENUE FUND FOR THE USE OF THE TOBACCO USE PREVENTION AND
CONTROL FOUNDATION OR THE SOUTHERN OHIO AGRICULTURAL AND COMMUNITY
DEVELOPMENT FOUNDATION.
Sec. 5145.32. (A) AS USED IN THIS SECTION:
(1) "SMOKE" MEANS TO BURN ANY SUBSTANCE CONTAINING TOBACCO,
INCLUDING, BUT NOT LIMITED TO, A LIGHTED CIGARETTE, CIGAR, OR
PIPE.
(2) "STATE CORRECTIONAL INSTITUTION" HAS THE SAME MEANING AS IN SECTION
2967.01 of the Revised Code AND INCLUDES A PRISON THAT IS PRIVATELY OPERATED AND MANAGED
PURSUANT TO A CONTRACT THE DEPARTMENT OF REHABILITATION AND CORRECTION ENTERS
INTO UNDER SECTION 9.06 of the Revised Code.
(3) "USE TOBACCO" MEANS TO CHEW OR MAINTAIN ANY SUBSTANCE
CONTAINING TOBACCO, INCLUDING SMOKELESS TOBACCO, IN THE MOUTH TO DERIVE
THE EFFECTS OF TOBACCO.
(B) NO PERSON SHALL SMOKE, USE, OR POSSESS TOBACCO OR HAVE
TOBACCO UNDER THE PERSON'S CONTROL ON ANY PROPERTY UNDER THE CONTROL OF
THE CORRECTIONS MEDICAL CENTER IN COLUMBUS OR THE OHIO
STATE PENITENTIARY IN YOUNGSTOWN.
(C) NO PERSON SHALL SMOKE OR USE TOBACCO IN A BUILDING OF THE
NORTH COAST CORRECTIONAL TREATMENT FACILITY IN GRAFTON, LAKE
ERIE
CORRECTIONAL INSTITUTION, TOLEDO CORRECTIONAL INSTITUTION,
HOCKING
CORRECTIONAL FACILITY, OAKWOOD CORRECTIONAL FACILITY, NORTHEAST
PRE-RELEASE CENTER, FRANKLIN PRE-RELEASE CENTER, OR
MONTGOMERY
EDUCATION PRE-RELEASE CENTER.
(D)(1) THE DIRECTOR OF REHABILITATION AND CORRECTION SHALL
DESIGNATE AT LEAST ONE TOBACCO-FREE HOUSING AREA WITHIN EACH STATE
CORRECTIONAL INSTITUTION THAT IS NOT IDENTIFIED IN DIVISION
(B) OR (C) OF THIS SECTION.
(2) NO PERSON SHALL SMOKE OR USE TOBACCO IN AN AREA DESIGNATED BY
THE DIRECTOR UNDER DIVISION (D)(1) OF THIS SECTION.
(E) A VIOLATION OF DIVISION (B), (C), OR
(D)(2) OF THIS
SECTION
IS NOT A CRIMINAL OFFENSE. THE DEPARTMENT OF REHABILITATION AND
CORRECTION SHALL ADOPT RULES THAT ESTABLISH PROCEDURES FOR THE ENFORCEMENT OF
THOSE DIVISIONS
AND THAT
ESTABLISH DISCIPLINARY MEASURES FOR A VIOLATION OF THOSE DIVISIONS.
(F) THE DEPARTMENT MAY DESIGNATE LOCATIONS AT WHICH IT IS
PERMISSIBLE TO SMOKE OR USE TOBACCO OUTSIDE OF A BUILDING OF AN
INSTITUTION IDENTIFIED IN DIVISION (C) OF THIS
SECTION.
(G) THE DEPARTMENT SHALL PROVIDE SMOKING AND TOBACCO USAGE
CESSATION PROGRAMS FOR PRISONERS AT ALL STATE CORRECTIONAL INSTITUTIONS,
SUBJECT TO AVAILABLE FUNDING.
(H) THE DIRECTOR SHALL REVIEW THE PRACTICALITY OF ELIMINATING
ACCESS TO SMOKING OR TOBACCO USAGE IN SPECIALIZED UNITS TO WHICH THIS
SECTION'S PROHIBITIONS DO NOT OTHERWISE APPLY.
Section 2. That existing sections 102.02, 107.03, 107.031, and 126.02 of the
Revised
Code are
hereby repealed.
Section 3. Except as otherwise provided, all items in this act are hereby
appropriated as designated out
of any moneys in the state treasury to the credit of the designated fund,
which are not otherwise appropriated. For all appropriations made in this
section,
those in the first column are for fiscal year 2001 and those in the second
column are for fiscal year 2002.
Section 4. AGR DEPARTMENT OF AGRICULTURE
Tobacco Master Settlement Agreement Fund Group
K87 | 700-502 | Southern Ohio Agriculture and Community Development Foundation | $ | 22,189,403 | $ | 17,445,115 |
TOTAL TSF Tobacco Master | | | | |
Settlement Agreement Fund | | | | |
Group | $ | 22,189,403 | $ | 17,445,115 |
TOTAL ALL BUDGET FUND GROUPS | $ | 22,189,403 | $ | 17,445,115 |
Southern Ohio Agriculture and Community Development Foundation
The foregoing appropriation item 700-502, Southern Ohio Agriculture and
Community Development Foundation, shall be used in accordance with sections
183.02 and 183.11 to 183.17 of the Revised Code. The Director of Agriculture
shall disburse moneys appropriated in this appropriation item to the Southern
Ohio Agricultural and Community Development Foundation Endowment Fund created
by section 183.16 of the Revised Code to be used by the Southern Ohio
Agricultural and Community Development Foundation to carry out its duties.
Section 5. CEB CONTROLLING BOARD
Tobacco Master Settlement Agreement Fund Group
S87 | 911-405 | Education Technology Trust Fund | $ | 13,758,794 | $ | 12,911,963 |
TOTAL TSF Tobacco Master | | | | |
Settlement Agreement Fund | | | | |
Group | $ | 13,758,794 | $ | 12,911,963 |
TOTAL ALL BUDGET FUND GROUPS | $ | 13,758,794 | $ | 12,911,963 |
Education Technology Trust Fund
The Controlling Board may transfer to any appropriate state agency portions of
appropriation item 911-405, Education Technology Trust Fund, upon receipt of
an approved plan submitted by the Director of Budget and Management.
Section 6. DOH DEPARTMENT OF HEALTH
Tobacco Master Settlement Agreement Fund Group
H87 | 440-502 | Tobacco Use Prevention and Control Foundation | $ | 234,861,033 | $ | 135,006,283 |
L87 | 440-403 | Ohio's Public Health Priorities Trust Fund | $ | 10,004,715 | $ | 14,351,400 |
TOTAL TSF Tobacco Master | | | | |
Settlement Agreement Fund | | | | |
Group | $ | 244,865,748 | $ | 149,357,683 |
TOTAL ALL BUDGET FUND GROUPS | $ | 244,865,748 | $ | 149,357,683 |
Tobacco Use Prevention and Control Foundation
The foregoing appropriation item 440-502, Tobacco Use Prevention and Control
Foundation, shall be used in accordance with sections 183.02 to 183.09 of the
Revised Code. The Director of Health shall disburse moneys appropriated in
this appropriation item to the Tobacco Use Prevention and Control Endowment
Fund created by section 183.08 of the Revised Code to be used by the Tobacco
Use Prevention and Control Foundation to carry out its duties.
Ohio's Public Health Priorities Trust Fund
The Director of Budget and Management shall establish a plan for the use of
appropriation item 440-403, Ohio's Public Health Priorities
Trust Fund,
for any of the purposes
authorized by section 183.18 of the Revised Code.
In preparing the plan, which shall be subject to approval by the Controlling
Board, the Director of Budget and Management shall consult with
the Director of
Rehabilitation and
Correction, the Director of Health, the Director of Alcohol and Drug Addiction
Services, the Attorney
General, and the Executive Director of the Commission on Minority Health.
Upon approval of the plan by the Controlling Board, the Director of Budget and
Management may transfer to any appropriate state agency portions of
appropriation item 440-403, Ohio's Public Health Priorities Trust Fund, for
any
of the purposes authorized by section 183.18 of the Revised Code and the
amounts transferred are hereby appropriated.
Section 7. BOR BOARD OF REGENTS
Tobacco Master Settlement Agreement Fund Group
M87 | 235-405 | Biomedical Research and Technology Transfer Commission | $ | 5,011,604 | $ | 30,142,237 |
TOTAL TSF Tobacco Master | | | | |
Settlement Agreement Fund | | | | |
Group | $ | 5,011,604 | $ | 30,142,237 |
TOTAL ALL BUDGET FUND GROUPS | $ | 5,011,604 | $ | 30,142,237 |
Section 8. All items set forth in this section are hereby appropriated out of
any moneys in the state treasury to the credit of the Education Facilities
Trust Fund (Fund N87) that are not otherwise appropriated.
Appropriations
SFC SCHOOL FACILITIES COMMISSION
CAP-780 | Classroom Facilities Assistance Program | $ | 462,805,714 |
Total School Facilities Commission | $ | 462,805,714 |
TOTAL Education Facilities Trust Fund | $ | 462,805,714 |
Section 9. All items set forth in this section are hereby
appropriated out of any moneys in the state treasury to the credit of
the Law Enforcement Improvements Trust Fund (Fund J87) that are not
otherwise appropriated.
Appropriations
AGO ATTORNEY GENERAL
CAP-716 | $ | 2,000,000 |
Total Attorney General | $ | 2,000,000 |
TOTAL Law Enforcement Improvements Trust Fund | $ | 2,000,000 |
Section 10. Sections 8 and 9 of this act shall remain in full force and effect
commencing on July 1, 2000, and terminating on June 30, 2002, for the purpose
of drawing money from the state treasury in payment of liabilities lawfully
incurred thereunder, and on June 30, 2002, and not before, the moneys
appropriated thereby shall lapse into the funds from which they are severally
appropriated.
The appropriations made in Sections 8 and 9 of this act are
subject to all provisions of the capital appropriations bill governing
the 2000-2002 biennium that are generally applicable to such
appropriations. Expenditures from appropriations contained in
Sections 8 and 9 shall be accounted for as though made in the
capital appropriations bill governing the 2000-2002 biennium.
Section 11. Personal Service Expenses
Unless otherwise prohibited by law, each appropriation in this act
from which personal service expenses are paid shall bear the
employer's share of public employees' retirement, workers'
compensation, disabled workers' relief, and all group insurance
programs; the costs of centralized accounting, centralized payroll
processing, and related personnel reports and services; the cost
of the Office of Collective Bargaining; the cost of the Personnel
Board of Review; the cost of the Employee Assistance Program; the
cost of the Equal Opportunity Center; the costs of interagency
information management infrastructure; and the cost of
administering the state employee merit system as required by
section 124.07 of the Revised Code. Such costs shall be determined
in conformity with appropriate sections of law and paid in
accordance with procedures specified by the Office of Budget and
Management.
Section 12. The Tobacco Master Settlement Agreement Fund created
by section 183.02 of the Revised Code is the same as Fund 087, the
Tobacco Master Settlement Agreement Fund created by the
Controlling Board in March 1999.
Section 13. The Governor, President and Minority Leader of the
Senate, and Speaker and Minority Leader of the House of
Representatives shall make their initial appointments to the board
of trustees of the Tobacco Use Prevention and Control Foundation
within 90 days after the effective date of this section.
Notwithstanding section 183.04 of the Revised Code:
(A) The Governor shall appoint one member under division (A) of
that section to an initial term ending one year after the
effective date of this section and one to an initial term ending three
years after the effective date of this section;
the
President shall appoint one member to an initial term ending three
years after the effective date of this section and one to an initial
term ending five years after the effective date of this section; the
Minority Leader of the Senate shall appoint one member to an
initial term ending four years after the effective date of this
section; the Speaker shall appoint one member to an initial term
ending two years after the effective date of this section and one to
an initial term ending four years after the effective date of this
section; and the Minority Leader of the House of Representatives shall appoint
one member
to an initial term ending three years after the effective date of
this section.
(B) The Governor shall appoint one member under division (B) of
that section to an initial term ending two years after the
effective date of this section and the other member to an initial term
ending four years after the effective date of this section.
(C) The Governor shall appoint the five members under divisions
(C) to (G) of that section to initial terms of office ending one,
two, three, four, and five years after the effective date of this
section.
(D) The Governor shall appoint the members under divisions (H) and (I) of
that section
to initial terms ending five years after the effective date of this section.
(E) Thereafter, terms of office shall be for five years as
provided in section 183.04 of the Revised Code.
Section 14. The Governor
shall make the initial appointments to the board
of trustees of the Southern Ohio Agricultural and Community
Development Foundation within 90 days after the effective date of
this section. Notwithstanding section 183.12 of the Revised Code:
(A) The Governor shall appoint one member under divisions (B) and
(C) of that section to an initial term ending one year after the effective
date of this section, one to an initial term ending two years after the
effective date of this section, one to an initial term ending three
years after the effective date of this section, one to an initial term
ending four years after the effective date of this section, and one to
an initial term ending five years after the effective date of this
section.
(B) The Governor shall appoint one
member under division (D) of that section to an initial term
ending two years after the effective date of this section, one to
an initial term ending three years after the effective date of
this section, and one to an initial term ending four years after
the effective date of this section.
(C) Thereafter, terms of office of these members shall be for five years as
provided in section 183.12 of the Revised Code.
Section 15. The Governor, President and Minority Leader of the
Senate, and Speaker and Minority Leader of the House of
Representatives shall make their initial appointments to the
Biomedical Research and Technology Transfer Commission within 90
days after the effective date of this section. Notwithstanding
section 183.20 of the Revised Code:
(A) The Governor shall appoint one member under division (C)(1)
of that section to an initial term ending one year after the
effective date of this section, one to an initial term ending two
years after the effective date of this section, one to an initial term
ending three years after the effective date of this section, one to an
initial term ending four years after the effective date of this
section, and two to initial terms ending five years after the
effective date of this section.
(B) The Speaker of the House of Representatives shall appoint one
member under division (C)(2) of that section to an initial term
ending one year after the effective date of this section and one
member to an initial term ending five years after the effective date of
this section.
(C) The Minority Leader of the House of Representatives shall appoint one
member
under division (C)(3) of that section to an initial term ending
four years after the effective date of this section.
(D) The President of the Senate shall appoint one member of the
Commission under division (C)(4) of that section to an initial
term ending one year after the effective date of this section and the
other member to an initial term ending four years after the effective
date of this section.
(E) The Minority Leader of the Senate shall appoint one member
under division (C)(5) of that section to an initial term ending
three years after the effective date of this section.
(F) Thereafter, terms of office shall be for five years as
provided in section 183.20 of the Revised Code.
Section 16. The Legislative Budget Office of the Legislative
Service Commission shall study issues concerning the availability
of prescription drugs for low-income elderly Ohioans who suffer
from tobacco-related illnesses. The Legislative Budget Office
shall submit to the General Assembly a report on its study within
one year of the effective date of this section. The report shall
provide information on all of the following:
(A) What public and private resources and methods currently are
used by low-income elderly Ohioans to obtain prescription drugs?
The study shall examine the role of Medicaid, including PASSPORT;
Medicare; other federal programs; private health insurance; and
health clinics and hospitals.
(B) What are pertinent issues concerning prescription drug cost,
usage, and research and development? The study shall examine
average annual drug costs per person, average annual costs per
prescription, and trends for these two averages. The study also
shall present information on drugs with the highest volume usage
and drugs with the highest cost.
(C) How do physician practices affect prescription drug cost and
availability?
(D) How do managed care practices affect prescription drug cost
and availability?
(E) What are other states doing in this regard, and how do the
other states pay for it?
The report shall not include recommendations for legislative
action.
Section 17. While respecting the right of each General
Assembly to evaluate independently the budgetary priorities of the
state and while acknowledging that the economic conditions,
educational needs, and tax burdens of the people of the state will
inevitably change, the 123rd General Assembly of the state of Ohio
earnestly requests future General Assemblies, when they consider how to spend
and invest money
credited to the Tobacco Master Settlement Agreement Fund after fiscal year
2012, to give due
regard to the thoughtful and creative recommendations of the
fifteen-member bipartisan Governor's Tobacco Task Force in 1999.
These recommendations, which were developed in the course of
seventeen meetings that the Task Force conducted to hear public
testimony and to discuss the allocation of tobacco settlement
payments, were that the following percentages of the total revenue
received by the state through fiscal year 2025 under the Tobacco
Master Settlement Agreement should be allocated as follows:
fourteen and eight-tenths per cent to tobacco use prevention and
cessation programs, ten and one-tenth per cent to other public
health priorities, seventeen and eight-tenths per cent to
investments in biomedical research and technology transfer,
forty-four and seven-tenths per cent to rebuilding and renovating
primary and secondary schools, ten per cent to education
technologies, two-tenths of one per cent to law enforcement
improvements, and two and three-tenths per cent to assisting
tobacco farmers and their communities.
Section 18. (A) The Tobacco Oversight Accountability Panel is
hereby created. The committee shall consist of the Director of
Budget and Management or the Director's designee, three members of
the House of Representatives appointed by the Speaker of the House
of Representatives, no more than two of whom shall belong to the
same political party as the Speaker, and three members of the
Senate appointed by the President of the Senate, no more than two
of whom shall belong to the same political party as the President.
(B) The Panel shall develop appropriate achievement benchmarks
for each of the following:
(1) The Tobacco Use Prevention and Cessation Trust Fund;
(2) The Law Enforcement Improvements Trust Fund;
(3) The Southern Ohio Agricultural and Community Development
Trust Fund;
(4) Ohio's Public Health Priorities Trust Fund;
(5) The Biomedical Research and Technology Transfer Trust Fund;
(6) The Education Facilities Trust Fund;
(7) The Education Technology Trust Fund.
(C) On or before December 31, 2000, the Panel shall submit a
report describing the achievement benchmarks developed under
division (B) of this section to the Governor, the General
Assembly, and the chairpersons and ranking minority members of the
finance committees of the Senate and House of Representatives.
Upon submitting the report, the panel shall cease to exist.
Section 19. Notwithstanding section 183.13 of the Revised
Code, the Director of Agriculture shall call and preside over the
organizational meeting of the board of trustees of the Southern
Ohio Agricultural and Community Development Foundation.
Section 20. Except as otherwise specifically provided in this act, the
codified and uncodified sections of law contained in this act,
and the items of law of which the codified and uncodified sections of law
contained in this act are composed, are subject to the referendum. Therefore,
under Ohio Constitution, Article II, Section 1c and section 1.471 of the
Revised Code, the codified and uncodified sections of law contained in this
act, and the items of law of which the codified and uncodified sections of law
contained in this act are composed, take effect on the ninety-first day after
this act is filed with the Secretary of State. If, however, a referendum
petition is filed against any such codified or uncodified section of law
contained in this act, or against any item of law of which any such codified
or uncodified section of law contained in this act is composed, the codified
or uncodified section of law, or item of law, unless rejected at the
referendum, takes effect at the earliest time permitted by law.
Sec. 21. This section and Sections 3 to 11 of this act are not
subject to the referendum. Therefore, under Ohio Constitution,
Article II, Section 1d and section 1.471 of the Revised Code, this
section and Sections 3 to 11 of this act go into immediate effect
when this act becomes law.
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