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(124th General Assembly)
(Amended Substitute Senate Bill Number 242)
AN ACT
To amend sections 126.02, 183.02, 183.04, 183.06,
183.12,
183.14,
183.20, 183.30, 1333.11, 2927.02,
5743.03, and
5743.99, to enact
sections 183.34 and
183.35, and
to repeal section
183.31 of
the Revised
Code; to
amend Section 32 of
Am. Sub.
H.B. 405 of
the 124th
General Assembly;
and to
repeal Section
103.03 of
Am. Sub. H.B. 94 of
the
124th General
Assembly to
modify the
administration
of tobacco
settlement
funds, to modify the Unfair Cigarette
Sales Act relative to the determination of a
wholesaler's markup and a retailer's cost of doing
business, to prohibit the manufacture or sale of a
pack of cigarettes containing fewer than 20 or a
package of roll-your-own tobacco containing less
than 0.6 of an ounce, and to
make operating
and
capital
appropriations for the
biennium
beginning
July 1,
2002, and ending June
30, 2004.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 126.02, 183.02, 183.04, 183.06,
183.12,
183.14,
183.20, 183.30, 1333.11, 2927.02, 5743.03, and
5743.99 be amended
and sections
183.34 and 183.35 of
the Revised
Code be enacted to
read as
follows:
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
126.022 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 chairperson of the finance
committees of
the
senate and house of representatives and the legislative
budget
office
service commission 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
service
commission 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 the director
constitute
the state budget estimates of revenues and expenditures
which the
director is required to submit to the governor.
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)(K) of
this section, payments and interest credited to
the fund shall be transferred
by the director of budget and
management as
follows: (A)(1) 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 |
(2) Of the net amounts credited to the tobacco master
settlement agreement fund in 2013, the director shall transfer to
the tobacco use prevention and cessation trust fund the amount not
transferred to the tobacco use prevention and cessation trust fund
from the net amounts credited to the tobacco master settlement
agreement fund in 2002 due to
Am. Sub. H.B. No. 405
and Am. Sub.
S.B. No. 242 of the 124th
general
assembly. Of the net amounts
credited to the tobacco
master
settlement agreement fund in 2014,
the director shall
transfer to
the tobacco use prevention and
cessation trust fund
the amount not
transferred to the tobacco use
prevention and
cessation trust fund
from the net amounts credited
to the tobacco
master settlement
agreement fund in 2003 due to
Am.
Sub. H.B. No.
405
and Am. Sub. S.B. No. 242 of the 124th general
assembly. (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)(1) 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 |
(2) Of the net amounts credited to the tobacco master
settlement agreement fund in 2013, the director shall transfer to
the southern Ohio agricultural and community development trust
fund the amount not
transferred to the southern Ohio agricultural
and community development trust fund from
the net amounts credited
to the tobacco master settlement
agreement fund in 2002 due to
Am.
Sub. H.B. No. 405
and Am. Sub. S.B. No. 242 of the 124th
general
assembly. Of the net
amounts credited to the tobacco
master
settlement agreement fund
in 2014, the director shall
transfer to
the southern Ohio
agricultural and community development trust
fund the amount not
transferred to the southern Ohio agricultural
and community
development trust fund from the net
amounts credited
to the
tobacco master settlement agreement fund
in 2003 due to
Am.
Sub.
H.B.
No. 405
and Am. Sub. S.B. No. 242 of the 124th general
assembly.
(D)(1) 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 |
(2) Of the net amounts credited to the tobacco master
settlement agreement fund in 2013, the director shall transfer to
the Ohio
Ohio's public health priorities trust fund the amount not
transferred to
the Ohio
Ohio's public health priorities trust fund
from
the net amounts credited to the tobacco master settlement
agreement fund in 2002 due to
Am. Sub. H.B. No. 405
and Am. Sub.
S.B. No. 242 of the 124th
general assembly. Of the net amounts
credited to the tobacco
master settlement agreement fund in 2014,
the director shall
transfer to
the Ohio
Ohio's public health
priorities trust fund
the amount not
transferred to
the Ohio
Ohio's public health
priorities trust fund from the net
amounts
credited to the tobacco
master settlement agreement fund
in 2003
due to
Am. Sub. H.B. No.
405
and Am. Sub. S.B. No. 242 of the
124th general assembly.
(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 | 110,954,545.28 |
(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)
In each year from 2003 to 2025, after the transfers made
under divisions (F) and (G) of this section but prior to the
transfers made under divisions (A) to (E) of this section, the
director of budget and management shall transfer to the tobacco
settlement oversight, administration, and enforcement fund created
in section 183.34 of the Revised Code such amount as the director
determines necessary to pay the costs incurred by the attorney
general in tobacco settlement oversight, administration, and
enforcement.
(J) In each year from 2003 to 2025, after the transfers
made under divisions (F) and (G) of this section but prior to the
transfers made under divisions (A) to (E) of this section, the
director of budget and management shall transfer to the tobacco
settlement enforcement fund created in section 183.35 of the
Revised Code such amount as the director determines necessary to
pay the costs incurred by the tax commissioner in the enforcement
of divisions (F) and (G) of section 5743.03 of the Revised Code.
(K) 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)(J) of this section. (J)(L) 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 | 422,746,368.61 |
| 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. 183.04. 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
twenty-four 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)
One nonvoting member, who shall be a member of the house
of representatives of the political party of which the speaker of
the house of representatives is a member and who shall be
appointed by the speaker; (K) One nonvoting member, who shall be a member of the house
of representatives of the major political party of which the
speaker of the house of representatives is not a member and who
shall be appointed by the speaker; (L) One nonvoting member, who shall be a member of the senate
of the political party of which the president of the senate is a
member and who shall be appointed by the president; (M) One nonvoting member, who shall be a member of the senate
of the major political party of which the president of the senate
is not a member and who shall be appointed by the president; (N) 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
non-legislative members appointed by
the governor,
president, speaker, and minority leaders shall be
for five years.
The terms of legislative members shall be for the
biennial session of the general assembly in which they are
appointed. 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
non-legislative 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. Sections 101.82 to 101.87 of the Revised
Code do not apply
to the
foundation.
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. There is hereby created in the state treasury the tobacco use
prevention and control operating expenses fund. The treasurer of
state shall periodically pay into the fund, from the tobacco use
prevention and control endowment fund created in section 183.08 of
the Revised Code, amounts requested by the foundation to pay the
compensation of state employees of the foundation. Amounts
credited to the operating expenses fund shall be used by the
foundation solely to pay the compensation of the state employees
of the foundation. All investment earnings of the operating
expenses 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
sixteen members as follows: (A) The director of agriculture,
director of development,
executive director of the
Ohio rural development partnership, and
director
or designee of the 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, who shall be
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; (E) One nonvoting member, who shall be a member of the house
of representatives of the political party of which the speaker of
the house of representatives is a member and who shall be
appointed by the speaker; (F) One nonvoting member, who shall be a member of the house
of representatives of the major political party of which the
speaker of the house of representatives is not a member and who
shall be appointed by the speaker; (G) One nonvoting member, who shall be a member of the senate
of the political party of which the president of the senate is a
member and who shall be appointed by the president; (H) One nonvoting member, who shall be a member of the senate
of the major political party of which the president of the senate
is not a member and who shall be appointed by the president. 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.
The terms of legislative members shall be
for the biennial session of the general assembly in which they are
appointed. 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
that 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
non-legislative 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. Sections 101.82 to 101.87 of the Revised
Code do 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. 183.14. 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. There is hereby created in the state treasury the southern
Ohio agricultural and community development operating expenses
fund. The treasurer of state shall periodically pay into the
fund, from the southern Ohio agricultural and community
development foundation endowment fund created in section 183.16 of
the Revised Code, amounts requested by the foundation to pay the
compensation of the state employees of the foundation. Amounts
credited to the operating expenses fund shall be used by the
foundation solely to pay the compensation of the state employees
of the foundation. All investment earnings of the operating
expenses 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
twenty-nine
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, in addition to the member described in
division (E) of this section, appointed by the speaker of the
house of
representatives; (3) One member, in addition to the member described in
division (F) of this section, appointed by the minority leader of
the house
of
representatives; (4) Two members, in addition to the member described in
division (G) of this section, appointed by the president of the
senate; (5) One member, in addition to the member described in
division (H) of this section, appointed by the minority leader of
the
senate. (D) Eight nonvoting members appointed by the governor,
representing Ohio's
biomedical research institutions; (E) One nonvoting member, who shall be a member of the house
of representatives of the political party of which the speaker of
the house of representatives is a member and who shall be
appointed by the speaker; (F) One nonvoting member, who shall be a member of the house
of representatives of the major political party of which the
speaker of the house of representatives is not a member and who
shall be appointed by the speaker; (G) One nonvoting member, who shall be a member of the senate
of the political party of which the president of the senate is a
member and who shall be appointed by the president; (H) One nonvoting member, who shall be a member of the senate
of the major political party of which the president of the senate
is not a member and who shall be appointed by the president. Before making their appointments
of the non-legislative
members, 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
biomedical 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
non-legislative members appointed by
the governor,
president, speaker, and minority leaders shall be
for five years.
The terms of legislative members shall be for the
biennial session of the general assembly in which they are
appointed. 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
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
non-legislative 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. Sections 101.82 to 101.87 of the Revised
Code do not apply
to the
commission.
Sec. 183.30. (A)
Except as provided in division (D) of
this
section, 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)
Except as provided in division (D) of this section, 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)
Except as provided in division (D) of this section, 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. (D) This section's five per cent limitation on
administrative expenses does not apply
in
to any fiscal
years 2001
and
2002, provided the foundation or commission seeking to spend
more
than five per cent has submitted a spending plan to
year for
which the
controlling board
and the controlling board has approved
the
approves a spending plan
that the foundation or commission
submits to the board.
Sec. 183.34. There is hereby created in the state treasury
the tobacco settlement oversight, administration, and enforcement
fund, to which shall be credited amounts transferred under
division (I) of section 183.02 of the Revised Code. The attorney
general shall use the fund to pay costs incurred in the oversight,
administration, and enforcement of the tobacco master settlement
agreement.
Sec. 183.35. There is hereby created in the state treasury
the tobacco settlement enforcement fund, to which shall be
credited amounts transferred under division (J) of section 183.02
of the Revised Code. The tax commissioner shall use the fund to
pay costs incurred in the enforcement of divisions (F) and (G) of
section 5743.03 of the Revised Code.
Sec. 1333.11. As used in sections 1333.11 to 1333.21 of
the
Revised Code: (A) "Cost to the retailer" means the invoice cost of
cigarettes to the retailer, or the replacement cost of cigarettes
to the retailer within thirty days prior to the date of sale, in
the quantity last purchased, whichever is lower, less all trade
discounts except customary discounts for cash, to which shall be
added the cost of doing business by the retailer as evidenced by
the standards and the methods of accounting regularly employed by
the retailer in
the retailer's allocation
of overhead
costs and
expenses, paid or
incurred. "Cost to the retailer" must
include,
without
limitation, labor, including salaries of
executives and
officers,
rent, depreciation, selling costs,
maintenance of
equipment,
delivery costs, all types of licenses,
insurance,
advertising,
and taxes, exclusive of county cigarette
taxes paid
or payable on
the cigarettes. Where the sale to the
retailer is
on a cash and
carry basis, the cartage to the retail
outlet, if
performed or
paid for by the retailer, shall be added
to the
invoice cost of
the cigarettes to the retailer. In the
absence of
proof of a
lesser or higher cost by the retailer, the
cartage cost
shall be
three-fourths of one per cent of the invoice
cost of the
cigarettes to the retailer, not including the amount
added
thereto
by the wholesaler for the face value of state and
county
cigarette
tax stamps affixed to each package of cigarettes. (B) In the absence of proof of a lesser or higher cost of
doing business by the retailer making the sale, the cost of doing
business to the retailer shall be
six
eight per cent of the
invoice
cost
of the cigarettes to the retailer exclusive of the
face
value of
county cigarette taxes paid on the cigarettes or of
the
replacement cost of the cigarettes to the retailer within
thirty
days prior to the date of sale in the quantity last
purchased
exclusive of the face value of county cigarette taxes
paid on the
cigarettes, whichever is lower, less all trade
discounts except
customary discounts for cash. (C) "Cost to the wholesaler" means the invoice cost of the
cigarettes to the wholesaler, or the replacement cost of the
cigarettes to the wholesaler within thirty days prior to the date
of sale, in the quantity last purchased, whichever is lower, less
all trade discounts except customary discounts for cash, to which
shall be added a wholesaler's markup to cover in part the cost of
doing business, which wholesaler's markup, in the absence of
proof
of a lesser or higher cost of doing business by the
wholesaler as
evidenced by the standards and methods of
accounting regularly
employed by
the wholesaler in
the wholesaler's allocation
of
overhead costs and expenses,
paid or incurred, including
without
limitation, labor, salaries of executives
and officers,
rent,
depreciation, selling costs, maintenance of equipment,
delivery,
delivery costs, all types of licenses, taxes, insurance,
and
advertising, shall be
two
three
and five-tenths per
cent of
said
such invoice
cost of the
cigarettes to the wholesaler, to
which
shall be added
the full
face value of state and county
cigarette
tax stamps
affixed by
the wholesaler to each package of
cigarettes, or of the
replacement cost of the cigarettes to the
wholesaler within
thirty
days prior to the date of sale in the
quantity last
purchased,
whichever is lower, less all trade
discounts except
customary
discounts for cash. Where the sale by
the wholesaler
to the
retailer is on a cash and carry basis, the
wholesaler may,
in the
absence of proof of a lesser or higher
cost, allow to the
retailer
an amount not to exceed three-fourths
of one per cent of
the "cost
to the wholesaler" excluding the
amount added thereto
for the face
value of state and county
cigarette tax stamps
affixed to each
package of cigarettes. (D) Any person licensed to sell cigarettes as both a
wholesaler and a retailer, who does sell cigarettes at retail,
shall, in determining "cost to the retailer", first compute "cost
to the wholesaler" as provided in division (C) of this section;
said
that "cost to the wholesaler" shall then be used in lieu of
the
lower of either invoice cost or replacement cost less all
trade
discounts except customary discounts for cash in computing
"cost
to the retailer" as provided in divisions (A) and (B) of
this
section. (E) In all advertisements, offers for sale, or sales
involving two or more items at a combined price and in all
advertisements, offers for sale, or sales involving the giving of
any concession of any kind, whether it be coupons or otherwise,
the retailer's or wholesaler's selling price shall not be below
the "cost to the retailer" or the "cost to wholesaler",
respectively, of all articles, products, commodities, and
concessions included in such transactions. (F)(1) "Sell at retail," "sales at retail," and "retail
sales" include any transfer of title to tangible personal
property
for a valuable consideration made, in the ordinary
course of trade
or usual prosecution of the seller's business, to
the purchaser
for consumption or use. (2) "Sell at wholesale," "sales at wholesale," and
"wholesale sales" include any such transfer of title to tangible
personal property for the purpose of resale. (G) "Retailer" includes any person who is permitted to
sell
cigarettes at retail within this state under section 5743.15
of
the Revised Code. (H) "Wholesaler" includes any person who is permitted to
sell cigarettes at wholesale within this state under
said
that
section. (I) "Person" includes individuals, corporations,
partnerships, associations, joint-stock companies, business
trusts, unincorporated organizations, receivers, or trustees. (J) "County cigarette taxes" means the taxes levied under
section 5743.024 or 5743.026 of the Revised Code.
Sec. 2927.02. (A) As used in this section and section
2927.021 of the Revised Code: (1)
"Child" has the same meaning as in section 2151.011 of
the Revised Code. (2)
"Cigarette" includes
clove cigarettes and hand-rolled
cigarettes. (3)
"Distribute" means
to furnish, give, or provide
cigarettes, other tobacco products,
or papers used to roll
cigarettes to the ultimate consumer of
the cigarettes, other
tobacco products, or papers used to roll
cigarettes. (4)
"Proof of age" means
a driver's license, a commercial
driver's license, a military
identification card, a passport, or
an identification card issued under
sections 4507.50 to 4507.52 of
the Revised
Code that shows that a person is eighteen years of age
or older. (5)
"Tobacco product"
means any product that is made from
tobacco, including, but not
limited to, a cigarette, a cigar, pipe
tobacco, chewing tobacco,
or snuff. (6)
"Vending machine"
has the same meaning as
"coin machine"
in section
2913.01 of the Revised Code. (B) No manufacturer, producer, distributor,
wholesaler, or
retailer of cigarettes, other tobacco
products, or papers used
to
roll cigarettes, no agent,
employee, or representative of a
manufacturer,
producer, distributor, wholesaler, or retailer of
cigarettes,
other tobacco
products, or papers used to roll
cigarettes, and no other
person shall do any of the following: (1) Give, sell, or otherwise distribute cigarettes,
other
tobacco products, or papers used to roll cigarettes to any
child; (2) Give away, sell, or distribute cigarettes, other
tobacco
products, or papers used to roll cigarettes in any place
that does
not have posted in a
conspicuous place a sign stating
that giving,
selling, or
otherwise distributing cigarettes, other
tobacco
products, or papers used to roll cigarettes to
a person
under
eighteen years of age is prohibited by law; (3) Knowingly furnish any false information regarding the
name, age, or other identification of any child with
purpose to
obtain cigarettes, other tobacco products, or papers
used to roll
cigarettes for that child; (4) Manufacture, sell, or distribute in this state any pack
or other container of cigarettes containing fewer than twenty
cigarettes or any package of roll-your-own tobacco containing less
than six-tenths of one ounce of tobacco;
(5) Sell cigarettes in a smaller quantity than that placed
in the pack or other container by the manufacturer. (C) No person shall sell or offer to sell cigarettes or
other tobacco products by or from a vending machine, except in the
following locations: (1) An area
within a factory, business, office, or other
place
not
open
to the general public;
(2) An area to which children are
not generally permitted
access; (3) Any other place not identified in
division (C)(1)
or (2)
of this section, upon all of the following conditions: (a) The vending machine is located within the immediate
vicinity, plain view, and control of the person who owns or
operates the place, or an employee of that person, so that
all
cigarettes and other tobacco product purchases from the vending
machine will be readily observed by the person who owns or
operates the place or an employee of that person. For the
purpose of this section, a vending machine located in any
unmonitored area, including an unmonitored coatroom, restroom,
hallway, or outer waiting area, shall not be considered located
within the immediate vicinity, plain view, and control of the
person who owns or operates the place, or an employee of
that
person. (b) The vending machine is inaccessible to the public when
the place is closed. (D) The following are affirmative defenses to a
charge under
division (B)(1)
of this section: (1) The child was accompanied by a parent,
spouse who is
eighteen years of age or older, or legal guardian of the
child. (2) The person who gave, sold, or distributed cigarettes,
other tobacco products, or papers used to roll cigarettes to a
child under division (B)(1) of this section
is a parent, spouse
who is eighteen years of age or older, or legal guardian
of the
child. (E)
It is not a violation of division (B)(1) or (2) of this
section for a person to give or otherwise distribute to a child
cigarettes, other tobacco products, or papers used to roll
cigarettes while the child is participating in a research protocol
if all of the following apply: (1) The parent, guardian, or legal custodian of the child has
consented in writing to the child participating in the research
protocol. (2) An institutional human subjects protection review board,
or an equivalent entity, has approved the research protocol. (3) The child is participating in the research protocol at
the facility or location specified in the research protocol. (F)(1) Whoever violates division (B)(1)
or, (2), (4), or (5)
or
(C) of
this section is guilty of illegal
distribution of
cigarettes or
other tobacco products, a
misdemeanor of the fourth
degree. If
the offender previously has
been convicted of a
violation of
division (B)(1)
or, (2), (4), or (5) or
(C) of this
section, illegal
distribution of cigarettes or other tobacco
products is a
misdemeanor of the third degree. (2) Whoever violates division (B)(3) of
this section is
guilty of permitting children to use cigarettes or other
tobacco
products, a misdemeanor of the fourth degree. If the offender
previously has been convicted of a violation of division (B)(3)
of
this section, permitting children to use cigarettes or other
tobacco products is a misdemeanor of the third degree. (G) Any cigarettes,
other tobacco products, or papers
used
to roll cigarettes that
are given, sold, or otherwise
distributed
to a child
in violation of this section and that are
used,
possessed,
purchased, or received by a child in violation of
section 2151.87 of the Revised
Code are subject to seizure and
forfeiture as contraband under sections 2933.42 and 2933.43 of
the
Revised Code.
Sec. 5743.03. (A) Except as provided in section 5743.04 of
the
Revised Code, the taxes imposed under sections 5743.02,
5743.023,
5743.024, and 5743.026 of the Revised Code
shall be paid
by the purchase of
stamps. A stamp shall be affixed to each
package of an aggregate
denomination not less than the amount of
the tax upon the
contents thereof. The stamp, so affixed, shall
be prima-facie
evidence of payment of the tax. Except as is
provided in the
rules prescribed by the tax commissioner under
authority of
sections 5743.01 to 5743.20 of the Revised Code, and
unless such
stamps have been previously affixed, they shall be so
affixed by
each wholesale dealer, and canceled by writing or
stamping across
the face thereof the number assigned to such
wholesale dealer by
the tax commissioner for that purpose, prior
to the delivery of
any cigarettes to any person in this state, or
in the case of a
tax levied pursuant to section 5743.024 or
5743.026 of the Revised
Code,
prior to the delivery of cigarettes
to any person in the county
in which the tax is levied. (B) Except as provided in the rules prescribed by the
commissioner under authority of sections 5743.01 to 5743.20 of
the
Revised Code, and unless such stamps have been previously
affixed,
each retail dealer shall within twenty-four hours after
the
receipt of any cigarettes at the retail dealer's place
of business
and prior
to the delivery thereof to any person in this state, or
in the
case of a tax levied pursuant to section 5743.024 or
5743.026 of the
Revised
Code prior to the delivery thereof to any
person in the county
in which the tax is levied, so affix such
stamps
and cancel same by writing
or stamping across the face
thereof the number assigned to such
retail dealer by the
commissioner for that purpose. (C) Whenever any cigarettes are found in the place of
business
of any retail dealer without proper tax stamps affixed
thereto
and canceled, it is presumed that such cigarettes are kept
therein in violation of sections 5743.01 to 5743.20 of the
Revised
Code. (D) Each wholesale dealer and each retail dealer who
purchases
cigarettes without proper tax stamps affixed thereto
shall, on or
before the thirty-first day of the month following
the close of
each semiannual period, which period shall end on the
thirtieth
day of June and the thirty-first day of December of each
year,
make and file a return of the preceding semiannual period,
on
such form as is prescribed by the tax commissioner, showing the
dealer's entire purchases and sales of cigarettes and stamps or
impressions for such semiannual period and accurate inventories
as
of the beginning and end of each semiannual period of
cigarettes,
stamped or unstamped; cigarette tax stamps affixed or
unaffixed
and unused meter impressions; and such other
information as the
commissioner finds necessary to the proper
administration of
sections 5743.01 to 5743.20 of the Revised
Code. The commissioner
may extend the time for making and filing
returns and may remit
all or any part of amounts of penalties
which
that may become due
under sections 5743.01 to 5743.20 of the
Revised Code. The
wholesale or retail dealer shall deliver the
return together with
a remittance of the tax deficiency reported
thereon to the
treasurer of state. The treasurer of state shall
stamp or
otherwise mark on the return the date it was received and shall
also
show thereon by stamp or otherwise a payment
or nonpayment of
the deficiency shown by the return. Thereafter,
the treasurer of
state shall immediately transmit all returns
filed under this
section to the commissioner.
Any (E) Any wholesale or
retail dealer who fails to file a return
under this section and
the rules of the commissioner, other than a
report required pursuant to division (F) of this section, may be
required, for each
day the dealer
so fails, to
forfeit and pay
into the state treasury the sum of one dollar as
revenue arising
from the tax imposed by sections 5743.01 to
5743.20 of the Revised
Code and such sum may be collected by
assessment in the manner
provided in section 5743.081 of the
Revised Code. If the
commissioner finds it
necessary in
order to insure the payment of
the tax imposed by sections
5743.01 to 5743.20 of the Revised
Code, the commissioner may require
returns and
payments to be made
other than semiannually. The returns shall
be signed by the
wholesale or retail dealer or an authorized
agent thereof.
(F) Each person required to file a tax return under section
5743.03, 5743.52, or 5743.62 of the Revised Code shall report to
the commissioner the quantity of all cigarettes and roll-your-own
cigarette tobacco sold in Ohio for each brand not covered by the
tobacco master settlement agreement for which the person is liable
for the taxes levied under section 5743.02, 5743.51, or 5743.62 of
the Revised Code.
As used in this division, "tobacco master settlement
agreement" has the same meaning as in section 183.01 of the
Revised Code.
(G) The report required by division (F) of this section
shall be made on a form prescribed by the commissioner and shall
be filed not later than the last day of each month for the
previous month, except that if the commissioner determines that
the quantity reported by a person does not warrant monthly
reporting, the commissioner may authorize reporting at less
frequent intervals. The commissioner may assess a penalty of not
more than two hundred fifty dollars for each month or portion
thereof that a person fails to timely file a required report, and
such sum may be collected by assessment in the manner provided in
section 5743.081 of the Revised Code. All
money collected under
this division shall be considered as revenue
arising from the
taxes imposed by sections 5743.01 to 5743.20 of
the Revised Code.
Sec. 5743.99. (A) Whoever violates section 5743.10,
5743.11, or 5743.12 or division (C) of section 5743.54 of
the
Revised Code is guilty of a misdemeanor of the first degree. If
the offender has been previously convicted of an offense under
this division, violation is a felony of the fourth degree. (B) Whoever violates section 5743.111, 5743.112, 5743.13,
5743.14,
5743.59, or 5743.60 of the Revised Code is guilty of a
felony of
the fourth degree. If the offender has been previously
convicted
of an offense under this division, violation is a felony
of the
second degree. (C) Whoever violates section 5743.41 or 5743.42 of the
Revised Code is guilty of a misdemeanor of the fourth degree. If
the offender has been previously convicted of an offense under
this division, violation is a misdemeanor of the third degree. (D) Whoever violates section 5743.21 of the Revised Code is
guilty of a misdemeanor of
the
first degree. If the offender has
been previously convicted of an offense
under this division,
violation is a felony of the fifth degree. (E)
Whoever violates division (F) of section 5743.03 of the
Revised Code is guilty of a misdemeanor of the fourth degree. (F) Whoever violates any provision of this chapter, or any
rule promulgated by the tax commissioner under authority of this
chapter, for the violation of which no penalty is provided
elsewhere, is guilty of a misdemeanor of the fourth degree. (F)(G) In addition to any other penalty imposed upon a
person
convicted of a violation of section 5743.112 or 5743.60 of
the
Revised Code who was the operator of a motor vehicle used in
the
violation, the registrar of motor vehicles shall suspend any
driver's or commercial driver's license issued to the offender
pursuant to the order and determination of the trial judge of any
court of record as provided in section 4507.16 of the Revised
Code.
SECTION 2. That existing sections 126.02, 183.02, 183.04,
183.06,
183.12,
183.14, 183.20, 183.30, 1333.11, 2927.02, 5743.03, and 5743.99 and
section 183.31 of
the
Revised Code are hereby repealed. SECTION 3. All items in Sections 4 to 13 of this act are
hereby
appropriated as designated out
of any moneys in the
state
treasury
to the credit of the designated fund that are not
otherwise
appropriated. For all appropriations made in this
section,
those
in the first column are for fiscal year 2003 and
those in the
second
column are for fiscal year 2004.
SECTION 4. ADA DEPARTMENT OF ALCOHOL AND DRUG ADDICTION
SERVICES
Tobacco Master Settlement Agreement Fund Group | L87 |
038-403 |
|
Urban Minority Alcoholism and Drug Abuse Outreach Programs |
|
$ |
500,000 |
|
$ |
500,000 |
L87 | 038-405 | | Juvenile Offender Aftercare Program | | $ | 3,000,000 | | $ | 3,000,000 |
TOTAL TSF Tobacco Master Settlement Agreement Fund Group |
|
$ |
3,500,000 |
|
$ |
3,500,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
3,500,000 |
|
$ |
3,500,000 |
SECTION 5. AGO ATTORNEY GENERAL
Tobacco Master Settlement Agreement Fund Group
J87 | 055-635 | | Law Enforcement Technology, Training, and Facility Enhancements | | $ | 6,200,000 | | $ | 1,000,000 | U87 | 055-402 | | Tobacco Settlement Oversight, Administration, and Enforcement | | $ | 529,958 | | $ | 551,516 |
TOTAL
TSF Tobacco Master Settlement Agreement Fund Group |
|
$ |
6,729,958 |
|
$ |
1,551,516 |
TOTAL
ALL BUDGET FUND GROUPS |
|
$ |
6,729,958 |
|
$ |
1,551,516 |
LAW ENFORCEMENT IMPROVEMENTS TRUST FUND
The foregoing appropriation item 055-635, Law Enforcement
Technology, Training, and Facility Enhancements shall be used in
accordance with section 183.10 of the Revised Code.
Notwithstanding anything to the contrary contained in sections
9.33 to
9.332 and Chapters 123. and 153. of the Revised Code, the
Office of the
Attorney General may negotiate, enter into, and
administer a contract that
combines both the design and
construction elements into one contract for the
Ohio Peace Officer
Training Academy Outdoor Training Facility and
Improvements
project, which is funded from appropriation item 055-635, Law
Enforcement Technology, Training, and Facility Enhancements. SECTION 6. DOH DEPARTMENT OF HEALTH Tobacco Master Settlement Agreement Fund Group
L87 | 440-404 | | Minority Health Care Data Development | | $ | 350,000 | | $ | 350,000 |
L87 | 440-409 | | Tuberculocis Prevention and Treatment | | $ | 450,000 | | $ | 450,000 |
L87 |
440-410 |
|
Hepatitis C Prevention and Intervention |
|
$ |
425,000 |
|
$ |
425,000 |
L87 | 440-411 | | Dental Care Programs for Minority and Low-Income Populations | | $ | 300,000 | | $ | 300,000 | L87 | 440-412 | | Emergency Medications and Oxygen for Low-Income Seniors | | $ | 557,105 | | $ | 561,421 | L87 | 440-414 | | Uncompensated Care | | $ | 3,500,000 | | $ | 3,500,000 | L87 | 440-420 | | Childhood Lead WIC Pilot | | $ | 50,000 | | $ | 50,000 | L87 | 440-421 | | Infant Mortality Reduction Initiative | | $ | 219,000 | | $ | 266,000 |
TOTAL TSF Tobacco Master | | | | | | |
Settlement Agreement Fund | | | | | | |
Group | | $ | 5,851,105 | | $ | 5,902,421 |
TOTAL ALL BUDGET FUND GROUPS | | $ | 5,851,105 | | $ | 5,902,421 |
SECTION 7. MIH COMMISSION ON MINORITY HEALTH
Tobacco Master Settlement Agreement Fund Group | L87 | 149-402 | | Minority Health and Academic Partnership Grants | | $ | 1,055,000 | | $ | 1,090,000 |
L87 | 149-403 | | Training and Capacity Building | | $ | 100,000 | | $ | 100,000 |
TOTAL TSF Tobacco Master Settlement Agreement Fund Group |
|
$ |
1,155,000 |
|
$ |
1,190,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
1,155,000 |
|
$ |
1,190,000 |
SECTION 8. DHS DEPARTMENT OF PUBLIC SAFETY
Tobacco Master Settlement Agreement Fund Group |
L87 | 767-406 | | Under-Age Tobacco Use Enforcement | | $ | 636,000 | | $ | 636,000 |
TOTAL TSF Tobacco Master Settlement Agreement Fund |
|
$ |
636,000 |
|
$ |
636,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
636,000 |
|
$ |
636,000 |
SECTION 9. BOR BOARD OF REGENTS Tobacco Master Settlement Agreement Fund Group
M87 | 235-405 | | Biomedical Research and Technology Transfer Commission | | $ | 25,500,000 | | $ | 25,500,000 |
TOTAL TSF Tobacco Master | | | | | | |
Settlement Agreement Fund | | | | | | |
Group | | $ | 25,500,000 | | $ | 25,500,000 |
TOTAL ALL BUDGET FUND GROUPS | | $ | 25,500,000 | | $ | 25,500,000 |
SECTION 10. NET SCHOOLNET COMMISSION Tobacco Master Settlement Agreement Fund Group
S87 | 228-602 | | Education Technology Trust Fund | | $ | 16,500,000 | | $ | 16,500,000 |
TOTAL TSF Tobacco Master | | | | | | |
Settlement Agreement Fund | | | | | | |
Group | | $ | 16,500,000 | | $ | 16,500,000 |
TOTAL ALL BUDGET FUND GROUPS | | $ | 16,500,000 | | $ | 16,500,000 |
EDUCATION TECHNOLOGY TRUST FUND The foregoing appropriation item 228-602, Education
Technology Trust Fund, shall be used by the SchoolNet Commission
for grants to school districts and other entities and for the
costs of administering these grants. Of the total amount for
grants, $1,917,293 in fiscal year 2003 shall be used for the Ohio
ONEnet project, $909,247 in fiscal year 2003 shall be used for the
INFOhio Network, $298,750 in fiscal year 2003 shall be used for
the JASON Project, $1,000,000 in fiscal year 2003 shall be used
for RISE Learning Solutions, and $200,000 in fiscal year 2003
shall be used for the Stark County School Teacher Technical
Training Center. The remaining amount for grants shall be made to
school districts.
The JASON Project shall provide funding for statewide access
and a seventy-five per cent subsidy for statewide licensing of
JASON content
for 90,000 middle school students statewide, and
professional
development for teachers participating in the JASON
Project. It is the intent of the General Assembly that the SchoolNet
Commission, in conjunction with RISE Learning Solutions, shall
develop a program that may be conducted in conjunction with
state-supported technology programs, including, but not limited
to,
SchoolNet Commission appropriation item 228-406, Technical and
Instructional Professional Development, and appropriation item
228-539, Education Technology, and that shall be designed to
educate preschool staff
members and providers on developmentally
appropriate teaching
methods, behavior guidance, and literacy and
to involve parents
more closely in the education and development
of their children.
The program shall include an interactive
instructional component,
delivered using satellite television,
Internet, and with
facilitation, and shall be distributed to
program participants
using the established satellite receiver
dishes on public schools,
Head Start centers, and childcare
centers at up to 100 locations
throughout the state. The
interactive instructional component of the program shall
be
developed to enhance the professional development, training,
and
performance of preschool staff members, the education and
care-giving skills of the parents of preschool children, and the
preparation of preschool-age children for learning. The program shall utilize the grant to continue a
direct-service component that shall include at least three
teleconferences that may be distributed by Ohio-based public
television utilizing satellite or microwave technology in a manner
designed to promote interactive communications between the program
participants located at subsites within the Ohio Educational
Broadcast Network or as determined by the commission. Program
participants shall communicate with trainers and participants at
other program sites through telecommunications and facsimile and
on-line computer technology. As much as possible, the
direct-service component
shall utilize systems currently available
in state-supported
technology programs and conduct the component
in a manner that
promotes innovative, interactive communications
between program
participants at all the sites. Parent support
groups and teacher
training sessions shall supplement the
teleconferences and shall
occur on a local basis. RISE Learning Solutions may subcontract components of the
program. Individuals eligible to participate in the program include
those children, their parents, custodians, or guardians, and
preschool staff members who are eligible to participate in a
preschool program as defined in division (A) of section 3301.52
and section 5104.02 of the Revised Code. The components of the program, including two that shall be
developed in support of
teacher proficiency in teaching reading to
prekindergarten and
kindergarten to third grade students, at the
direction of the
Department of Education, may include: two
three-hour broadcast
seminars from a central up-link station,
distributed in up to 88
counties; high production-value video
sought in various locations;
and direct interactive adult learning
activities. These two components shall include development of
workbooks and involve at least three small,
group-facilitated
follow-up discussion workshops and development
and distribution of
at least two home videos. The program shall
also provide Internet
access, interactive lines, bulletin board,
and CD-ROM.
Upon completion of each of the school years for which the
grant was made, RISE Learning Solutions shall issue a report to
the commission and members of the General Assembly explaining the
goals and objectives determined, the activities implemented, the
progress made toward the achievement of the goals and objectives,
and the outcome of the program. The commission shall use the remaining appropriation
authority in fiscal year 2003 and appropriation authority granted
in fiscal year 2004 to establish and equip, through the SchoolNet
Plus Program, at least one interactive computer station for each
five children enrolled in the sixth grade as determined by a
three-year average adjusted per pupil property valuation pursuant
to division (A) of section 3317.03 of the Revised Code. Districts
in the first two quartiles of wealth shall receive $380 per pupil
for students in grade six to purchase classroom computers for the
sixth grade. Districts in the third and fourth quartile shall
receive
approximately $188 per sixth grade pupil. If a district
has met the
state's goal of one computer to every five students,
the district
may use funds provided through the SchoolNet Plus
Program to
purchase computers for grade seven or to fulfill
educational
technology needs on other grades as specified in the
district's
technology plan. When there is at least one computer
for each five
children enrolled in the sixth grade, SchoolNet
shall use any
remaining funds appropriated to establish and equip
at least one
interactive computer workstation for each five
children enrolled
in the seventh grade as determined by the
previously defined
formula.
SECTION 11. SOA SOUTHERN OHIO AGRICULTURAL AND COMMUNITY
DEVELOPMENT FOUNDATION Tobacco Master Settlement Agreement Fund Group
5M9 | 945-601 | | Operating Expenses | | $ | 416,000 | | $ | 435,000 |
K87 | 945-602 | | Southern Ohio Agricultural and Community Development Foundation | | $ | 15,835,000 | | $ | 16,610,000 |
TOTAL TSF Tobacco Master | | | | | | |
Settlement Agreement Fund | | | | | | |
Group | | $ | 16,251,000 | | $ | 17,045,000 |
TOTAL ALL BUDGET FUND GROUPS | | $ | 16,251,000 | | $ | 17,045,000 |
INVESTMENT EARNINGS ON OPERATING EXPENSES FUND
On July 1, 2002, or as soon thereafter as possible, the
Director of Budget and Management shall transfer the investment
earnings that would have been credited to the Southern Ohio
Agricultural and Community Development Operating Expenses Fund
(Fund 5M9)
established in section 183.14 of the Revised Code for
fiscal years
2001 and 2002, which were credited to the General
Revenue Fund,
from the General Revenue Fund to the Southern Ohio
Agricultural
and Community Development Operating Expenses Fund
(Fund 5M9). SECTION 11.01. INDEMNIFICATION PAYMENTS (A) Notwithstanding sections 183.11 to 183.17 of the
Revised
Code, indemnification payments shall be made from the Southern
Ohio Agricultural and Community Development Foundation Endowment
Fund as required by this section. The total amount of payments
made under this section in fiscal years 2003 and 2004 shall be
limited to the amount of revenue the Southern Ohio Agricultural
and Community Development Foundation Endowment Fund receives from
the Southern Ohio Agricultural and Community Development Trust
Fund (Fund K87) in each fiscal year, respectively, less
administrative costs associated with making the indemnification
payments. The Southern Ohio Agricultural and
Community Development
Foundation shall do all of the following:
(1) Identify quota owners, growers, producers, and tenant
farmers engaged in
the production of burley tobacco who are
eligible for indemnification for
losses under this section;
(2) Determine the method and formula to calculate the
indemnification due to
each eligible candidate; (3) Calculate the indemnification due to each eligible
candidate;
(4) Make an indemnification payment for production losses to
each eligible
candidate.
(B) Indemnification payments shall be limited to candidates
in the part of
the state where burley tobacco has traditionally
been grown. SECTION 12. TAX DEPARTMENT OF TAXATION
Tobacco Master Settlement Agreement Fund Group |
T87 |
110-402 |
|
Tobacco Settlement Enforcement |
|
$ |
210,980 |
|
$ |
219,179 |
TOTAL TSF Tobacco Master Settlement Agreement Fund Group |
|
$ |
210,980 |
|
$ |
219,179 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
210,980 |
|
$ |
219,179 |
SECTION 13. TUP TOBACCO USE PREVENTION AND CONTROL
FOUNDATION
Tobacco Master Settlement Agreement Fund Group |
5M8 |
940-601 |
|
Operating Expenses |
|
$ |
833,000 |
|
$ |
1,212,000 |
TOTAL TSF Tobacco Master Settlement Agreement Fund Group |
|
$ |
833,000 |
|
$ |
1,212,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
833,000 |
|
$ |
1,212,000 |
INVESTMENT EARNINGS ON OPERATING EXPENSES FUND On July 1, 2002, or as soon thereafter as possible, the
Director of Budget and Management shall transfer the investment
earnings that would have been credited to the Tobacco Use
Prevention and Control Operating Expenses
Fund (Fund 5M8)
established in section 183.06 of the Revised Code for fiscal years
2001 and 2002, which were instead
credited to the General Revenue
Fund, from the General Revenue
Fund to the Tobacco Use Prevention
and Control Operating Expenses Fund (Fund 5M8).
SECTION 13.01. During fiscal years 2003 and 2004, of the
total amount of funding the Tobacco Use Prevention and Control
Foundation provides during the year to other organizations for
tobacco use prevention and cessation programs, the Foundation
shall devote a percentage to programs for smokeless tobacco use
prevention and cessation. The Foundation's Board of Trustees
shall specify the percentage for a fiscal year before the year
begins.
SECTION 13.02. If, during fiscal year 2003 or fiscal year
2004, the Tobacco Use Prevention and Control Foundation spends
money on a tobacco counter-marketing media campaign, the
Foundation shall devote a percentage of the money so spent to a
media campaign to reduce the use of smokeless tobacco. The
Foundation's Board of Trustees shall specify the percentage for a
fiscal year before the year begins. SECTION 14. 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.
SFC SCHOOL FACILITIES COMMISSION
CAP-780 | | Classroom Facilities Assistance Program | | $ | 148,400,000 |
Total School Facilities Commission | | $ | 148,400,000 |
TOTAL Education Facilities Trust Fund | | $ | 148,400,000 |
SECTION 14.01.
Section 14 of this act shall remain in full
force and
effect
commencing
on July 1, 2002, and terminating on
June 30,
2004, for the purpose
of drawing money from the state
treasury in
payment of liabilities
lawfully
incurred thereunder,
and on June
30, 2004, and not
before, the moneys
appropriated
thereby shall
lapse into the funds
from which they are severally
appropriated.
The appropriations made in
Section 14
of
this act are
subject to
all provisions of the
capital appropriations act
governing
the
2002-2004 biennium that
are generally applicable to
such
appropriations. Expenditures
from appropriations contained
in
Section 14
shall be accounted
for as though made in
the
capital appropriations act governing
the 2002-2004 biennium. By September 30, 2002, the Director of the School Facilities
Commission shall cancel $180,000,000 in outstanding encumbrances
against appropriation items CAP-780, Classroom Facilities
Assistance Program, in Fund N87 and CAP-784, Exceptional Needs
Program, in Fund N87 and reestablish them in appropriation item
CAP-770, School Building Program Assistance, in Fund 032 and
CAP-779, Exceptional Needs, in Fund 032.
SECTION 15. TRANSFER FROM TOBACCO MASTER SETTLEMENT AGREEMENT
FUND TO CONTROLLING BOARD EMERGENCY PURPOSES FUND
Notwithstanding section 183.02 of the Revised Code, on July
1, 2002, or as soon thereafter as possible, the Director of Budget
and Management shall transfer $368,301 in cash from the net amount
credited to the Tobacco Master Settlement Agreement Fund (Fund
087) to the Controlling Board Emergency Purposes Fund (Fund 5S4).
The amount transferred is hereby appropriated.
The transfer made under this section shall be made after the
transfers made under divisions (F) and (G) of section 183.02 of
the Revised Code, but prior to the transfers made under divisions
(A) to (E) and (I) and (J) of section 183.02 of the Revised Code.
The amount transferred shall reimburse the Controlling Board
Emergency Purposes Fund (Fund 5S4) for the amounts transferred to
the Attorney General and the Department of Taxation to pay for the
expenses associated with the enforcement of the tobacco master
settlement agreement in fiscal year 2002. SECTION 16. That Section 32 of Am. Sub. H.B. 405 of the 124th
General Assembly be amended to read as follows: "Sec. 32. TRANSFER FROM THE TOBACCO MASTER SETTLEMENT
AGREEMENT FUND TO THE GENERAL REVENUE FUND
(A) Notwithstanding section 183.02 of the Revised Code, on
or before June 30, 2002, the Director of Budget and Management may
transfer up to $120,000,000 from the Tobacco Master Settlement
Agreement Fund (Fund 087) to the General Revenue Fund.
Notwithstanding section 183.02 of the Revised Code, on or
before June 30, 2003, the Director of Budget and Management may
transfer up to $120,000,000 from the Tobacco Master Settlement
Agreement Fund (Fund 087) to the General Revenue Fund.
Of the tobacco revenue that is credited to the Tobacco Master
Settlement Agreement Fund in fiscal year 2002 and in fiscal year
2003, the share that is determined pursuant to section 183.02 of
the Revised Code to be the amount to be transferred by the
Director of Budget and Management from the Tobacco Master
Settlement Agreement Fund to the Tobacco Use Prevention and
Cessation Trust Fund shall be reduced by the amount that is
transferred from the Tobacco Master Settlement Agreement Fund to
the General Revenue Fund in accordance with this division.
(B) Notwithstanding section 183.02 of the Revised Code, on
or before June 30, 2003, the Director of Budget and Management may
make one or more transfers
and in addition to any amounts that
have been authorized for transfer from the Tobacco Master
Settlement
Agreement Fund (Fund 087) to the General Revenue Fund
that in
total do not exceed $20,000,000. From
in fiscal
years
2002 and 2003, there is hereby appropriated in fiscal years
2002
and 2003 an amount to be determined by the Director of Budget
and
Management from the Tobacco Master Settlement Agreement Fund
(Fund
087) to appropriation item 001-602, GRF Revenue Supplement,
for
the purpose of overcoming the current shortfall of revenues to
the
General Revenue Fund. The sum of the appropriations for
fiscal
years 2002 and 2003 pursuant to this division shall not
exceed
$3,900,000. The Director shall make disbursements, using
an
intrastate transfer voucher, from the foregoing appropriation
to
the General Revenue Fund. Of the tobacco
revenue that is
credited to the Tobacco Master
Settlement
Agreement Fund in fiscal
years 2002 and 2003, the
shares
share that
are
is
determined pursuant to
section 183.02 of
the Revised Code to be
the
amounts
amount to be
transferred by the
Director of Budget and
Management from the
Tobacco Master
Settlement Agreement Fund to
the
various trust
funds
Ohio's Public
Health
Priorities Trust Fund (Fund L87) shall be reduced
in each
fiscal
year to provide the revenue
for the transfers under this
division in a manner to be determined
in the tobacco revenue budget
act for
fiscal years 2003 and 2004,
but such manner shall not
provide for
any reductions in the shares
determined for the
Education
Facilities Trust Fund (Fund N87),
Education Facilities
Endowment
Fund (Fund P87), Education
Technology Trust Fund (Fund
S87), and
Biomedical Research and
Technology Transfer Trust Fund
(Fund M87).
The Director of Budget
and Management shall not make
any transfers
pursuant to this
division until it is determined how
the shares
are to be reduced
by the amount that is appropriated
from the Tobacco Master Settlement Agreement Fund to appropriation
item 001-602, GRF Revenue Supplement, in accordance with this
division. (C) The Director of Budget and Management shall compare the
amount of
revenue that is credited to the Tobacco Master
Settlement Agreement Fund
(Fund 087) in fiscal year 2002 in excess
of $364,000,000 but not in excess
of $418,783,038.09 to the amount
the state receives in fiscal year 2002 from
an escrow account that
has been established by a tobacco company that is
participating in
the master settlement agreement while that company is
disputing a
portion of its calculated payment. Of the amounts compared, the
Director of Budget and Management shall distribute, in accordance
with
division (D) of this section, whichever amount is greater. If
the compared
amounts are equal, the Director of Budget and
Management shall distribute an
amount equal to one of the amounts
compared. (D)(1) Notwithstanding section 183.02 of the Revised Code, on
July 1, 2002,
or as soon thereafter as possible, the Director of
Budget and Management
shall do the following:
(a) Transfer the first $3,900,000 of the amount determined to
be greater
under division (C) of this section to the Ohio's Public
Health Priorities
Trust Fund (Fund L87);
(b) Transfer any amount in excess of $3,900,000 that
is to be
distributed pursuant to division (C) of this section to
the Southern Ohio
Agricultural and Community Development Trust
Fund (Fund K87).
(2) Any funds transferred to the Ohio's Public Health
Priorities Trust Fund
pursuant to division (D)(1)(a) of this
section
are hereby appropriated in
accordance with division (H) of
this
section. Any funds transferred to the
Southern Ohio
Agricultural
and Community Development Trust Fund pursuant to
division
(D)(1)(b) of this section are hereby appropriated to
appropriation
item 945-602, Southern Ohio Agricultural and
Community Development
Foundation.
(E) The Director of Budget and Management shall compare the
amount of
revenue that is credited to the Tobacco Master
Settlement Agreement Fund
(Fund 087) in fiscal year 2003 in excess
of $372,700,000 but not in excess
of $422,746,368.61 to the amount
the state receives in fiscal year 2003 from
an escrow account that
has been established by a tobacco company that is
participating in
the master settlement agreement while that company is
disputing a
portion of its calculated payment. Of the amounts compared, the
Director of Budget and Management shall distribute, in accordance
with
division (F) of this section, whichever amount is greater. If
the compared
amounts are equal, the Director of Budget and
Management shall distribute an
amount equal to one of the amounts
compared.
(F)(1) Notwithstanding section 183.02 of the Revised Code,
on July 1, 2003,
or as soon thereafter as possible, the Director
of Budget and Management
shall do as follows:
(a) If the Ohio's Public Health Priorities Trust Fund (Fund
L87) received a
transfer of $3,900,000 pursuant to division (D) of
this section, transfer
the amount determined to be greater under
division (E) of this section to
the Southern Ohio Agricultural and
Community Development Trust Fund (Fund
K87).
(b) If the Ohio's Public Health Priorities Trust Fund
received less than
$3,900,000 under division (D) of this section,
transfer to the Ohio's Public
Health Priorities Trust Fund up to
the difference between the amount
transferred pursuant to division
(D) of this section and $3,900,000.
(c) Transfer any amount in excess of the amount needed to
bring the total
amount transferred to Ohio's Public Health
Priorities Trust Fund up to
$3,900,000 to the Southern Ohio
Agricultural and Community Development Trust
Fund (K87). (2) Any funds transferred to the Ohio's Public Health
Priorities Trust Fund
pursuant to division (F)(1)(b) of this
section are hereby appropriated in
accordance with division (H) of
this section. Any funds transferred to the
Southern Ohio
Agricultural and Community Development Trust Fund pursuant to
division (F)(1)(a) or (c) of this section are hereby appropriated
to
appropriation item 945-602, Southern Ohio Agricultural and
Community
Development Foundation.
(G) The amounts transferred to the Ohio's Public Health
Priorities Trust Fund (Fund L87) pursuant to divisions (D)
and (F)
of this section shall not exceed a total of $3.9 million. (H)(1) If any amounts are transferred from the Tobacco Master
Settlement Agreement Fund (Fund 087) to the Ohio’s Public Health
Priorities Trust Fund (Fund L87) pursuant to divisions (D)
and (F)
of this section, the amounts transferred shall be used to
increase
the appropriation authority in appropriation item
440-414,
Uncompensated Care, by up to $225,000 per year in fiscal
years
2003 and 2004 and in appropriation item 440-411, Dental Care
Programs for Minority and Low-Income Populations, by up to
$120,000 per year in fiscal years 2003 and 2004. The increase to
appropriation item 440-414, Uncompensated Care, shall be used to
establish new dental clinics or expand existing dental clinics.
(2) If any amounts are transferred to the Ohio’s Public
Health Priorities Trust Fund, the Director of Health shall
determine which appropriation item outlined in division (H)(1) of
this section will have its appropriation authority increased. The
Director of Health may elect to have the appropriation authority
in both appropriation items increased. (I) Any payment credited to the Tobacco Master Settlement
Agreement Fund (Fund 087) that exceeds $418,783,038.09 in fiscal
year 2002 or exceeds $422,746,368.61 in fiscal year 2003 shall be
transferred pursuant to division (L) of section 183.02 of the
Revised Code."
SECTION 17. That existing Section 32 of Am. Sub. H.B. 405 of
the 124th General Assembly is hereby repealed.
SECTION 18. INFORMATION ON PRESCRIPTION DRUG ASSISTANCE The Department of Aging shall develop a program that creates
a toll-free phone number to provide information on prescription
drug assistance that is available in Ohio. The Department of Aging
shall seek private funding in addition to any state funds used for
this program. The Department of Aging shall not disburse funds for
the program until after the department submits a request to the
Controlling Board outlining the planned use of the funds, and the
Controlling Board approves the request. SECTION 19.
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 20. That Section 103.03 of Am. Sub. H.B. 94 of the
124th General Assembly is hereby repealed. SECTION 21. 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.
SECTION 22. Sections 3 to 13 and 15 to 26 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,
Sections 3 to 13 and 15 to 26 of this act go
into
immediate effect
when this
act becomes law.
SECTION 23. Sections 183.02, 183.06, 183.14, 183.30, 183.34,
and
183.35 of the Revised Code as amended or enacted by this act,
and
the items of law of which such sections as amended or enacted
by
this act are composed, are not subject to the referendum.
Therefore, under Ohio Constitution, Article II, Section 1d and
section 1.471 of the Revised Code, such sections as amended or
enacted by this act, and the items of law of which such sections
as amended or enacted by this act are composed, go into immediate
effect when this act becomes law.
SECTION 24. Section 1333.11 of the
Revised Code, as amended
by this act, and the items of law of
which section 1333.11 of the
Revised Code, as amended by this act,
are composed, are not
subject to the referendum. Therefore, under
Ohio Constitution,
Article II, Section 1d and section 1.471 of the
Revised Code,
section 1333.11 of the Revised Code, as amended by
this act, and
the items of law of which section 1333.11 of the
Revised Code, as
amended by this act, are composed, go into
immediate effect when
this act becomes law. However, section
1333.11 of the Revised
Code, as amended by this act, shall take
effect on July 1, 2002.
SECTION 25.
The repeal by this act of section
183.31 of
the Revised Code is not subject to the referendum.
Therefore,
under Ohio Constitution, Article II, Section 1d and
section 1.71
of the Revised Code, the repeal goes into immediate
effect when
this act becomes law.
SECTION 26. The repeal of Section 103.03 of Am. Sub. H.B. 94
of the 124th General Assembly is not subject to the referendum.
Therefore, under Ohio Constitution, Article II, Section 1d and
section 1.471 of the Revised Code, the repeal of Section 103.03 is
entitled to go into immediate effect when this act becomes law.
However, the repeal of Section 103.03 of Am. Sub. H.B. 94 of the
124th General
Assembly takes effect on July 1, 2002, or the day
this act becomes
law, whichever is later.
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