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(125th General Assembly)
(Substitute House Bill Number 434)
AN ACT
To amend sections 183.04 and 183.18 and to enact sections 3313.717 and 3314.16 of the Revised Code and to amend Section 3 of Sub. H.B. 262 of the 125th General Assembly, to amend Sections 41 and 41.09 of Am. Sub. H.B. 95 of the 125th General Assembly, to amend Section 41.13 of Am. Sub. H.B. 95 of the 125th General Assembly, as subsequently amended, and to amend Section 99 of Am. Sub. H.B. 95 of the 125th General Assembly, as amended by Sub. H.B. 262 of the 125th General Assembly, to provide for the distribution of money received by the state pursuant to the Tobacco Master Settlement Agreement by making operating and capital appropriations for the biennium beginning July 1, 2004, and ending June 30, 2006, and to provide authorization and conditions for the operation of state programs.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 183.04 and 183.18 be amended and sections 3313.717 and 3314.16 of the Revised Code be enacted to read as follows: 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-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, the executive director of the
commission
on minority health, or the executive director's designee, and the 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. 183.18. 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 treatment and 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. 3313.717. (A) As used in this section, "automated external defibrillator" means a specialized defibrillator that is approved for use as a medical device by the United States food and drug administration for performing automated external defibrillation, as defined in section 2305.235 of the Revised Code.
(B) The board of education of each school district and the administrative authority of each chartered nonpublic school may require the placement of an automated external defibrillator in each school under the control of the board or authority. If a board or authority requires the placement of an automated external defibrillator as provided in this section, the board or authority also shall require that a sufficient number of the staff persons assigned to each school under the control of the board or authority successfully complete an appropriate training course in the use of an automated external defibrillator as described in section 3701.85 of the Revised Code. (C) In regard to the use of an automated external defibrillator that is placed in a school as specified in this section, and except in the case of willful or wanton misconduct or when there is no good faith attempt to activate an emergency medical services system in accordance with section 3701.85 of the Revised Code, no person shall be held liable in civil damages for injury, death, or loss to person or property, or held criminally liable, for performing automated external defibrillation in good faith, regardless of whether the person has obtained appropriate training on how to perform automated external defibrillation or successfully completed a course in cardiopulmonary resuscitation.
Sec. 3314.16. (A)(1) As used in this section, "automated external defibrillator" means a specialized defibrillator that is approved for use as a medical device by the United States food and drug administration for performing automated external defibrillation, as defined in section 2305.235 of the Revised Code.
(2) This section does not apply to an internet- or computer-based community school.
(B) The governing board of a community school established under this chapter may require the placement of an automated external defibrillator in each school under the control of the governing authority. If a governing authority requires the placement of an automated external defibrillator as provided in this section, the governing authority also shall require that a sufficient number of the staff persons assigned to each school under the control of the governing authority successfully complete an appropriate training course in the use of an automated external defibrillator as described in section 3701.85 of the Revised Code.
(C) In regard to the use of an automated external defibrillator that is placed in a community school as specified in this section, and except in the case of willful or wanton misconduct or when there is no good faith attempt to activate an emergency medical services system in accordance with section 3701.85 of the Revised Code, no person shall be held liable in civil damages for injury, death, or loss to person or property, or held criminally liable, for performing automated external defibrillation in good faith, regardless of whether the person has obtained appropriate training on how to perform automated external defibrillation or successfully completed a course in cardiopulmonary resuscitation.
SECTION 2. That existing sections 183.04 and 183.18 of the Revised Code are hereby repealed. SECTION 3. That Sections 41 and 41.09 of Am. Sub. H.B. 95 of the 125th General Assembly be amended to read as follows: Sec. 41. EDU DEPARTMENT OF EDUCATION General Revenue Fund
GRF | 200-100 | | Personal Services | | $ | 12,211,314 | | $ | 12,211,314 |
GRF | 200-320 | | Maintenance and Equipment | | $ | 5,066,249 | | $ | 5,066,249 |
GRF | 200-408 | | Public Preschool | | $ | 19,018,551 | | $ | 19,018,551 |
GRF | 200-410 | | Professional Development | | $ | 29,490,073 | | $ | 29,765,073 |
GRF | 200-411 | | Family and Children First | | $ | 3,324,750 | | $ | 3,324,750 |
GRF | 200-420 | | Technical Systems Development | | $ | 5,703,750 | | $ | 5,703,750 |
GRF | 200-421 | | Alternative Education Programs | | $ | 16,135,547 | | $ | 16,135,547 |
GRF | 200-422 | | School Management Assistance | | $ | 1,778,000 | | $ | 1,778,000 |
GRF | 200-424 | | Policy Analysis | | $ | 592,220 | | $ | 592,220 |
GRF | 200-425 | | Tech Prep Consortia Support | | $ | 2,133,213 | | $ | 2,133,213 |
GRF | 200-426 | | Ohio Educational Computer Network | | $ | 34,331,741 | | $ | 34,331,741 |
GRF | 200-427 | | Academic Standards | | $ | 9,000,592 | | $ | 9,000,592 |
GRF | 200-431 | | School Improvement Initiatives | | $ | 10,905,625 | | $ | 10,905,625 |
GRF | 200-433 | | Reading/Writing/Math Improvement | | $ | 20,488,264 | | $ | 20,488,264 |
GRF | 200-437 | | Student Assessment | | $ | 41,353,391 | | $ | 45,953,391 |
GRF | 200-439 | | Accountability/Report Cards | | $ | 4,087,500 | | $ | 4,087,500 |
GRF | 200-441 | | American Sign Language | | $ | 207,717 | | $ | 207,717 |
GRF | 200-442 | | Child Care Licensing | | $ | 1,385,633 | | $ | 1,385,633 |
GRF | 200-445 | | OhioReads Admin/Volunteer Support | | $ | 4,500,000 | | $ | 4,500,000 |
GRF | 200-446 | | Education Management Information System | | $ | 16,928,969 | | $ | 16,928,969 |
GRF | 200-447 | | GED Testing/Adult High School | | $ | 1,829,106 | | $ | 1,829,106 |
GRF | 200-448 | | Educator Preparation | | $ | 24,375 | | $ | 24,375 | GRF | 200-449 | | Head Start/Head Start Plus Start Up | | $ | 11,000,000 | | $ | 5,000,000 | GRF | 200-452 | | Teaching Success Commission Initiatives | | $ | 1,650,000 | | $ | 1,650,000 |
GRF | 200-455 | | Community Schools | | $ | 4,231,842 | | $ | 4,231,842 |
GRF | 200-500 | | School Finance Equity | | $ | 14,039,495 | | $ | 7,819,443 |
GRF | 200-501 | | Base Cost Funding | | $ | 4,391,033,023 4,471,033,023 | | $ | 4,409,958,425 |
GRF | 200-502 | | Pupil Transportation | | $ | 394,950,126 | | $ | 404,245,812 |
GRF | 200-503 | | Bus Purchase Allowance | | $ | 17,199,960 | | $ | 17,199,960 |
GRF | 200-505 | | School Lunch Match | | $ | 8,998,025 | | $ | 8,998,025 |
GRF | 200-509 | | Adult Literacy Education | | $ | 8,774,250 | | $ | 8,774,250 |
GRF | 200-511 | | Auxiliary Services | | $ | 127,903,356 | | $ | 127,903,356 |
GRF | 200-513 | | Student Intervention Services | | $ | 38,890,815 | | $ | 41,090,815 |
GRF | 200-514 | | Postsecondary Adult Career-Technical Education | | $ | 19,919,464 | | $ | 19,919,464 |
GRF | 200-520 | | Disadvantaged Pupil Impact Aid | | $ | 371,766,738 | | $ | 373,266,738 |
GRF | 200-521 | | Gifted Pupil Program | | $ | 48,201,031 | | $ | 48,201,031 |
GRF | 200-525 | | Parity Aid | | $ | 320,677,373 | | $ | 426,951,154 |
GRF | 200-532 | | Nonpublic Administrative Cost Reimbursement | | $ | 55,803,103 | | $ | 55,803,103 |
GRF | 200-540 | | Special Education Enhancements | | $ | 137,214,484 | | $ | 139,536,046 |
GRF | 200-545 | | Career-Technical Education Enhancements | | $ | 14,572,907 | | $ | 14,572,907 |
GRF | 200-546 | | Charge-Off Supplement | | $ | 48,478,418 | | $ | 48,478,418 |
GRF | 200-558 | | Emergency Loan Interest Subsidy | | $ | 3,022,500 | | $ | 2,300,000 |
GRF | 200-566 | | OhioReads Grants | | $ | 12,874,777 | | $ | 12,832,272 |
GRF | 200-578 | | Safe and Supportive Schools | | $ | 3,576,348 | | $ | 3,576,348 |
GRF | 200-901 | | Property Tax Allocation - Education | | $ | 783,350,000 | | $ | 822,360,000 |
GRF | 200-906 | | Tangible Tax Exemption - Education | | $ | 70,710,000 | | $ | 67,710,000 |
TOTAL GRF General Revenue Fund | | $ | 7,149,334,615 7,229,334,615 | | $ | 7,317,750,989 |
General Services Fund Group
138 | 200-606 | | Computer Services | | $ | 7,404,690 | | $ | 7,635,949 |
4D1 | 200-602 | | Ohio Prevention/Education Resource Center | | $ | 347,000 | | $ | 347,000 |
4L2 | 200-681 | | Teacher Certification and Licensure | | $ | 5,038,017 | | $ | 5,236,517 |
452 | 200-638 | | Miscellaneous Revenue | | $ | 500,000 | | $ | 500,000 |
5B1 | 200-651 | | Child Nutrition Services | | $ | 800,000 | | $ | 800,000 |
5H3 | 200-687 | | School District Solvency Assistance | | $ | 18,000,000 | | $ | 18,000,000 |
596 | 200-656 | | Ohio Career Information System | | $ | 516,694 | | $ | 529,761 |
TOTAL GSF General Services | | | | | | |
Fund Group | | $ | 32,606,401 | | $ | 33,049,227 |
Federal Special Revenue Fund Group
3C5 | 200-661 | | Early Childhood Education | | $ | 21,508,746 | | $ | 21,508,746 |
3D1 | 200-664 | | Drug Free Schools | | $ | 13,169,757 | | $ | 13,347,966 |
3D2 | 200-667 | | Honors Scholarship Program | | $ | 1,786,500 | | $ | 1,786,500 |
3H9 | 200-605 | | Head Start Collaboration Project | | $ | 275,000 | | $ | 275,000 |
3L6 | 200-617 | | Federal School Lunch | | $ | 185,948,186 | | $ | 191,898,528 |
3L7 | 200-618 | | Federal School Breakfast | | $ | 48,227,431 | | $ | 49,524,254 |
3L8 | 200-619 | | Child/Adult Food Programs | | $ | 63,577,244 | | $ | 65,293,830 |
3L9 | 200-621 | | Career-Technical Education Basic Grant | | $ | 48,029,701 | | $ | 48,029,701 |
3M0 | 200-623 | | ESEA Title 1A | | $ | 356,458,504 | | $ | 384,975,184 |
3M1 | 200-678 | | Innovative Education | | $ | 15,041,997 | | $ | 16,094,937 |
3M2 | 200-680 | | Ind W/Disab Education Act | | $ | 288,468,284 | | $ | 331,392,575 |
3S2 | 200-641 | | Education Technology | | $ | 19,682,057 | | $ | 20,469,339 |
3T4 | 200-613 | | Public Charter Schools | | $ | 23,287,500 | | $ | 26,187,113 |
3Y2 | 200-688 | | 21st Century Community Learning Centers | | $ | 17,138,239 | | $ | 18,500,000 | 3Y4 | 200-632 | | Reading First | | $ | 29,881,256 | | $ | 33,168,194 | 3Y6 | 200-635 | | Improving Teacher Quality | | $ | 103,686,420 | | $ | 104,100,000 | 3Y7 | 200-689 | | English Language Acquisition | | $ | 4,872,334 | | $ | 5,505,737 | 3Z2 | 200-690 | | State Assessments | | $ | 11,894,315 | | $ | 12,489,031 |
309 | 200-601 | | Educationally Disadvantaged | | $ | 22,148,769 | | $ | 22,899,001 |
366 | 200-604 | | Adult Basic Education | | $ | 21,369,906 | | $ | 22,223,820 |
367 | 200-607 | | School Food Services | | $ | 10,767,759 | | $ | 11,144,631 |
368 | 200-614 | | Veterans' Training | | $ | 626,630 | | $ | 655,587 |
369 | 200-616 | | Career-Tech Education Federal Enhancement | | $ | 8,165,672 | | $ | 8,165,672 |
370 | 200-624 | | Education of Exceptional Children | | $ | 1,933,910 | | $ | 1,933,910 |
374 | 200-647 | | Troops to Teachers | | $ | 2,618,076 | | $ | 2,622,370 |
TOTAL FED Federal Special | | | | | | |
Revenue Fund Group | | $ | 1,320,564,139 | | $ | 1,414,191,626 |
State Special Revenue Fund Group
4R7 | 200-695 | | Indirect Cost Recovery | | $ | 5,002,500 | | $ | 5,250,400 |
4V7 | 200-633 | | Interagency Support | | $ | 800,000 | | $ | 800,000 |
454 | 200-610 | | Guidance and Testing | | $ | 956,761 | | $ | 956,761 |
455 | 200-608 | | Commodity Foods | | $ | 11,308,000 | | $ | 11,624,624 |
5U2 | 200-685 | | National Education Statistics | | $ | 200,000 | | $ | 200,000 | 5W2 | 200-663 | | Head Start Plus/Head Start | | $ | 57,170,000 | | $ | 108,184,000 | 5X8 | 200-453 | | Jobs for Ohio Graduates Program | | $ | 3,500,000 | | $ | 3,500,000 |
598 | 200-659 | | Auxiliary Services Reimbursement | | $ | 1,328,910 | | $ | 1,328,910 |
620 | 200-615 | | Educational Grants | | $ | 1,000,000 | | $ | 1,000,000 |
TOTAL SSR State Special Revenue | | | | | | |
Fund Group | | $ | 81,266,171 | | $ | 132,844,695 |
Lottery Profits Education Fund Group
017 | 200-612 | | Base Cost Funding | | $ | 606,123,500 | | $ | 606,195,300 |
017 | 200-682 | | Lease Rental Payment Reimbursement | | $ | 31,776,500 | | $ | 31,704,700 |
TOTAL LPE Lottery Profits | | | | | | |
Education Fund Group | | $ | 637,900,000 | | $ | 637,900,000 |
Revenue Distribution Fund Group
053 |
200-900 |
|
School District Property Tax Replacement |
|
$ |
115,911,593 |
|
$ |
115,911,593 |
TOTAL RDF Revenue Distribution | | | | | | |
Fund Group |
|
$ |
115,911,593 |
|
$ |
115,911,593 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
9,337,582,973 9,417,582,973 |
|
$ |
9,651,648,130 |
Sec. 41.09. PUPIL TRANSPORTATION Of the foregoing appropriation item 200-502, Pupil
Transportation, up to $822,400 in each fiscal year may be used by the Department of
Education for training prospective and experienced
school bus
drivers in accordance with training programs
prescribed by the
Department. Up to $65,232,683 in fiscal year 2004 and up to $56,975,910 in each fiscal year 2005 may be used by the Department of Education for special education transportation
reimbursements to school districts and county MR/DD boards for transportation operating costs as provided in division (M) of section 3317.024 of the Revised Code. The remainder of appropriation item 200-502,
Pupil Transportation, shall be used for the state reimbursement of
public school districts' costs in transporting pupils to and from
the school they attend in accordance with the district's
policy,
State Board of Education standards, and the Revised Code. BUS PURCHASE ALLOWANCE The foregoing appropriation item 200-503, Bus Purchase
Allowance, shall be distributed to school districts,
educational service
centers, and county MR/DD boards pursuant to
rules adopted under
section 3317.07 of the Revised Code. Up to
28 per cent of the
amount appropriated may be used to reimburse
school districts and
educational service centers for the purchase of buses to
transport
handicapped and nonpublic school students and to county MR/DD boards, the Ohio School for the Deaf, and the Ohio School for the Blind for the purchase of buses to transport handicapped students. SCHOOL LUNCH MATCH The foregoing appropriation item 200-505, School Lunch
Match,
shall be used to provide matching funds to obtain federal
funds
for the school lunch program.
SECTION 4. That existing Sections 41 and 41.09 of Am. Sub. H.B. 95 of the 125th General Assembly are hereby repealed.
SECTION 5. That Section 41.13 of Am. Sub. H.B. 95 of the 125th General Assembly, as amended by Am. Sub. S.B. 189 of the 125th General Assembly, be amended to read as follows: Sec. 41.13. SPECIAL EDUCATION ENHANCEMENTS Of the foregoing appropriation item 200-540, Special
Education Enhancements, up to $44,204,000 in
fiscal year 2004 and up to $45,441,712 in fiscal year 2005 shall be used to
fund
special education and related services at
county boards of mental
retardation and developmental disabilities for
eligible students
under section 3317.20 of the
Revised Code. Up
to
$2,452,125 shall
be used in each fiscal year to fund special education
classroom and related services
units at
institutions. Of the foregoing appropriation item 200-540, Special
Education Enhancements, up to
$2,906,875 in each fiscal year
shall be used for home
instruction
for
children with disabilities; up to
$1,462,500 in each fiscal year
shall be used for parent mentoring programs;
and up
to
$2,783,396
in each fiscal year may be
used
for school psychology interns. Of the foregoing appropriation item 200-540, Special
Education Enhancements, $3,406,090 in each fiscal year shall
be used by the Department of
Education to assist school
districts in funding aides pursuant to
paragraph
(A)(3)(c)(i)(b) of rule
3301-51-04 of the Administrative
Code. Of The remainder of the foregoing appropriation item 200-540, Special
Education Enhancements, after all other set asides in this section, in fiscal year 2004 and
$78,384,498 in each fiscal year 2005 shall be
distributed by
the
Department of Education to
county boards of
mental retardation and
developmental
disabilities, educational
service centers, and
school districts for preschool
special
education units and
preschool supervisory units in accordance with
section 3317.161 of
the Revised Code. The Department
may
reimburse county boards of
mental retardation and developmental
disabilities, educational
service centers, and school districts
for related
services as
defined in rule 3301-51-11 of the
Administrative Code, for
preschool
occupational and physical
therapy services provided by a
physical
therapy assistant and
certified occupational therapy
assistant,
and for an instructional
assistant. To the greatest
extent possible, the
Department of
Education shall allocate these
units to school
districts and
educational service centers. The
Controlling
Board may approve
the transfer of unallocated funds
from
appropriation item 200-501,
Base Cost Funding, to
appropriation item 200-540, Special
Education Enhancements, to
fully fund existing units as
necessary
or to fully fund additional
units. The Controlling
Board may
approve the transfer of
unallocated funds from
appropriation item
200-540,
Special
Education Enhancements, to appropriation
item
200-501, Base Cost
Funding,
to fully fund the special education
weight cost funding.
The Department of Education shall require school districts,
educational service centers, and county MR/DD boards serving
preschool children with disabilities to document child progress
using research-based indicators prescribed by the Department and report
results annually. The reporting dates and methodology shall be
determined by the Department.
Of the foregoing appropriation item 200-540, Special Education Enhancements, $315,000 in each fiscal year shall be expended to conduct a demonstration project involving language and literacy intervention teams supporting student acquisition of language and literacy skills. The demonstration project shall demonstrate improvement of language and literacy skills of at-risk learners under the instruction of certified speech pathologists and educators. Baseline data shall be collected and comparison data for fiscal year 2004 and fiscal year 2005 shall be collected and reported to the Governor, OhioReads Council, Department of Education, and the General Assembly. Of the foregoing appropriation item 200-540, Special Education Enhancements, up to $500,000 in each fiscal year shall be used for the Research-Based Reading Mentoring Program.
Of the foregoing appropriation item 200-540, Special Education Enhancements, $600,000 in each fiscal year shall be used to support the Bellefaire Jewish Children's Bureau.
SECTION 6. That existing Section 41.13 of Am. Sub. H.B. 95 of the 125th General Assembly, as amended by Am. Sub. S.B. 189 of the 125th General Assembly, is hereby repealed. SECTION 7. All items in Sections 8 to 17 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 2005 and
those in the
second
column are for fiscal year 2006. SECTION 8. 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 9. AGO ATTORNEY GENERAL
Tobacco Master Settlement Agreement Fund Group
J87 | 055-635 | | Law Enforcement Technology, Training, and Facility Enhancements | | $ | 8,647,000 | | $ | 3,000,000 | U87 | 055-402 | | Tobacco Settlement Oversight, Administration, and Enforcement | | $ | 562,546 | | $ | 573,797 |
TOTAL
TSF Tobacco Master Settlement Agreement Fund Group |
|
$ |
9,209,546 |
|
$ |
3,573,797 |
TOTAL
ALL BUDGET FUND GROUPS |
|
$ |
9,209,546 |
|
$ |
3,573,797 |
SECTION 10. DEV DEPARTMENT OF DEVELOPMENT
Tobacco Master Settlement Agreement Fund Group
M87 |
195-435 |
|
Biomedical Research and Technology Transfer |
|
$ |
24,079,558 |
|
$ |
23,896,239 |
TOTAL TSF Tobacco Master Settlement Agreement Fund Group |
|
$ |
24,079,558 |
|
$ |
23,896,239 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
24,079,558 |
|
$ |
23,896,239 |
SECTION 11. 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 | | Tuberculosis 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 | | $ | 420,000 | | $ | 420,000 | L87 | 440-412 | | Emergency Medications and Oxygen for Low-Income Seniors | | $ | 715,232 | | $ | 583,653 | L87 | 440-414 | | Uncompensated Care | | $ | 3,852,400 | | $ | 3,855,051 | L87 | 440-421 | | Infant Mortality Reduction Initiative | | $ | 266,000 | | $ | 266,000 | L87 | 440-428 | | Automated External Defibrillators | | $ | 2,500,000 | | $ | 0 |
TOTAL TSF Tobacco Master | | | | | | |
Settlement Agreement Fund | | | | | | |
Group | | $ | 8,978,632 | | $ | 6,349,704 |
TOTAL ALL BUDGET FUND GROUPS | | $ | 8,978,632 | | $ | 6,349,704 |
AUTOMATED EXTERNAL DEFIBRILLATORS The foregoing appropriation item 440-428, Automated External Defibrillators, shall be used by the Department of Health for the acquisition and placement of automated external defibrillators in Ohio primary and secondary schools. The Department of Health shall select one nonprofit organization through a request for proposal process to receive grants for the placement of automated external defibrillators in primary and secondary schools. The request for proposal process used shall be in accordance with rule 123:5-1-08 of the Administrative Code. The grant recipient shall not charge any school for the equipment costs associated with the initial placement of an automated external defibrillator. The purpose of the nonprofit organization selected shall include some type of public health advocacy or activities. SECTION 12. MIH COMMISSION ON MINORITY HEALTH
Tobacco Master Settlement Agreement Fund Group | L87 | 149-402 | | Minority Health and Academic Partnership Grants | | $ | 1,090,000 | | $ | 1,090,000 |
L87 | 149-403 | | Training and Capacity Building | | $ | 100,000 | | $ | 100,000 |
TOTAL TSF Tobacco Master Settlement Agreement Fund Group |
|
$ |
1,190,000 |
|
$ |
1,190,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
1,190,000 |
|
$ |
1,190,000 |
SECTION 13. 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 14. NET SCHOOLNET COMMISSION Tobacco Master Settlement Agreement Fund Group
S87 | 228-602 | | Education Technology Trust Fund | | $ | 9,277,865 | | $ | 6,274,109 |
TOTAL TSF Tobacco Master | | | | | | |
Settlement Agreement Fund | | | | | | |
Group | | $ | 9,277,865 | | $ | 6,274,109 |
TOTAL ALL BUDGET FUND GROUPS | | $ | 9,277,865 | | $ | 6,274,109 |
SCHOOLNET PLUS The Ohio SchoolNet Commission shall distribute SchoolNet Plus Grants to qualifying school districts in fiscal year 2005 to establish and equip at least one interactive computer workstation for each five students enrolled in the seventh grade as reported by school districts pursuant to division (A) of section 3317.03 of the Revised Code. Upon completion of the SchoolNet Plus Grant Program for the seventh grade, the Ohio SchoolNet Commission shall distribute SchoolNet Plus Grants to qualifying school districts in fiscal year 2006 to establish and equip at least one interactive computer workstation for each five children enrolled in the eighth grade as reported by school districts pursuant to division (A) of section 3317.03 of the Revised Code.
Districts in the first two quartiles of wealth shall receive up to $275 per pupil for students in the targeted grade to purchase classroom computers. Districts in the third and fourth quartiles shall receive up to $105 per pupil in the targeted grade. If a district has met the state's goal of one computer to every five students in the targeted grade, the district may use the funds provided through SchoolNet Plus to purchase computers for successive grades or to fulfill educational technology needs in other grades as specified in the district's technology plan.
SECTION 15. SOA SOUTHERN OHIO AGRICULTURAL AND COMMUNITY
DEVELOPMENT FOUNDATION Tobacco Master Settlement Agreement Fund Group
5M9 | 945-601 | | Operating Expenses | | $ | 421,725 | | $ | 430,277 |
K87 | 945-602 | | Southern Ohio Agricultural and Community Development Foundation | | $ | 13,200,000 | | $ | 12,600,000 |
TOTAL TSF Tobacco Master | | | | | | |
Settlement Agreement Fund | | | | | | |
Group | | $ | 13,621,725 | | $ | 13,030,277 |
TOTAL ALL BUDGET FUND GROUPS | | $ | 13,621,725 | | $ | 13,030,277 |
SECTION 16. TAX DEPARTMENT OF TAXATION
Tobacco Master Settlement Agreement Fund Group |
T87 |
110-402 |
|
Tobacco Settlement Enforcement |
|
$ |
223,563 |
|
$ |
228,034 |
TOTAL TSF Tobacco Master Settlement Agreement Fund Group |
|
$ |
223,563 |
|
$ |
228,034 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
223,563 |
|
$ |
228,034 |
SECTION 17. TUP TOBACCO USE PREVENTION AND CONTROL
FOUNDATION
Tobacco Master Settlement Agreement Fund Group | H87 | 940-601 | | Tobacco Use Prevention and Control Foundation | | $ | 0 | | $ | 107,500,000 |
5M8 |
940-601 |
|
Operating Expenses |
|
$ |
1,273,000 |
|
$ |
1,298,000 |
TOTAL TSF Tobacco Master Settlement Agreement Fund Group |
|
$ |
1,273,000 |
|
$ |
108,798,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
1,273,000 |
|
$ |
108,798,000 |
SECTION 18. 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 | | $ | 243,200,000 |
Total School Facilities Commission | | $ | 243,200,000 |
TOTAL Education Facilities Trust Fund | | $ | 243,200,000 |
SECTION 18.01.
Section 18 of this act shall remain in full
force and
effect
commencing
on July 1, 2004, and terminating on
June 30,
2006, for the purpose
of drawing money from the state
treasury in
payment of liabilities
lawfully
incurred thereunder,
and on June
30, 2006, and not
before, the moneys
appropriated
thereby shall
lapse into the funds
from which they are severally
appropriated.
The appropriations made in
Section 18
of
this act are
subject to
all provisions of the
capital appropriations act
governing
the
2004-2006 biennium that
are generally applicable to
such
appropriations. Expenditures
from appropriations contained
in
Section 18
shall be accounted
for as though made in
the
capital appropriations act governing
the 2004-2006 biennium.
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. REISSUANCE OF VOIDED WARRANTS
In order to provide funds for the reissuance of voided warrants pursuant to section 117.47 of the Revised Code, there is appropriated, out of moneys in the state treasury from the fund credited as provided in section 117.47 of the Revised Code, that amount sufficient to pay such warrants when approved by the Office of Budget and Management.
SECTION 21. REAPPROPRIATION OF UNEXPENDED ENCUMBERED BALANCES OF OPERATING APPROPRIATIONS
An unexpended balance of an operating appropriation or reappropriation that a state agency lawfully encumbered prior to the close of a fiscal year is reappropriated on the first day of July of the following fiscal year from the fund from which it was originally appropriated or reappropriated for the following period and shall remain available only for the purpose of discharging the encumbrance.
(A) For an encumbrance for personal services, maintenance, equipment, or items for resale, other than an encumbrance for an item of special order manufacture not available on term contract or in the open market or for reclamation of land or oil and gas wells, for a period of not more than five months from the end of the fiscal year;
(B) For an encumbrance for an item of special order manufacture not available on term contract or in the open market, for a period of not more than five months from the end of the fiscal year or, with the written approval of the Director of Budget and Management, for a period of not more than twelve months from the end of the fiscal year;
(C) For an encumbrance for reclamation of land or oil and gas wells, for a period ending when the encumbered appropriation is expended or for a period of two years, whichever is less;
(D) For an encumbrance for any other expense, for such period as the Director of Budget and Management approves, provided such period does not exceed two years.
Any operating appropriations for which unexpended balances are reappropriated beyond a five-month period from the end of the fiscal year pursuant to division (B) of this section shall be reported to the Controlling Board by the Director of Budget and Management by the thirty-first day of December of each year. The report on each such item shall include the item, the cost of the item, and the name of the vendor. This report to the Controlling Board shall be updated on a quarterly basis for encumbrances remaining open.
Upon the expiration of the reappropriation period set out in division (A), (B), (C), or (D) of this section, a reappropriation made pursuant to this section lapses, and the Director of Budget and Management shall cancel the encumbrance of the unexpended reappropriation not later than the end of the weekend following the expiration of the reappropriation period.
Notwithstanding the preceding paragraph, with the approval of the Director of Budget and Management, an unexpended balance of an encumbrance that was reappropriated on the first day of July pursuant to this section for a period specified in division (C) or (D) of this section and that remains encumbered at the close of the fiscal biennium is hereby reappropriated pursuant to this section on the first day of July of the following fiscal biennium from the fund from which it was originally appropriated or reappropriated for the applicable period specified in division (C) or (D) of this section and shall remain available only for the purpose of discharging the encumbrance.
If the Controlling Board approved a purchase, that approval remains in effect as long as the appropriation used to make that purchase remains encumbered.
SECTION 22. That Section 3 of Sub. H.B. 262 of the 125th General Assembly be amended to read as follows:
Sec. 3. (A) As used in this section: (1) "Automatic tabulating equipment, "ballot," "direct recording electronic voting machine," "marking device," "voter verified paper audit trail," and "voting machines" have the same meanings as in section 3506.01 of the Revised Code.
(2) "County originally scheduled to acquire voting machines during the 2004 calendar year" means:
(a) The following counties that are scheduled, pursuant to the process outlined in the version of the Ohio state plan that was published in the Federal Register on March 24, 2004, to acquire voting machines, marking devices, or automatic tabulating equipment for use in the August 2004 special election with funds made available pursuant to the Help America Vote Act of 2002: Adams, Auglaize, Brown, Carroll, Crawford, Delaware, Hardin, Harrison, Henry, Logan, Medina, Mercer, Portage, Putnam, and Trumbull;
(b) The following counties that are scheduled, pursuant to the process outlined in the version of the Ohio state plan that was published in the Federal Register on March 24, 2004, to acquire voting machines, marking devices, or automatic tabulating equipment for use in the November 2004 general election with funds made available pursuant to the Help America Vote Act of 2002: Butler, Columbiana, Darke, Fairfield, Gallia, Huron, Jackson, Lorain, Lucas, Madison, Morgan, Paulding, Richland, Tuscarawas, Washington, and Williams.
(3) "Help America Vote Act of 2002" means the "Help America Vote Act of 2002," Public Law 107-252, 116 Stat. 1666.
(4) "Ohio state plan" means the state plan prepared by the Secretary of State and the state plan committee for the state of Ohio pursuant to the Help America Vote Act of 2002.
(B)(1)(a)
If the board of elections of a county originally scheduled to acquire voting machines during the 2004 calendar year wishes to acquire voting machines, marking devices, or automatic tabulating equipment for use during the 2004 calendar year according to the schedule proposed pursuant to the process outlined in the version of the Ohio state plan that was published in the Federal Register on March 24, 2004, with funds made available pursuant to the Help America Vote Act of 2002, the board may vote to reaffirm any prior decision made under that process to so acquire and use voting machines, marking devices, or automatic tabulating equipment at a meeting held within thirty days after the effective date of this section.
(b) If the board of elections of a county originally scheduled to acquire voting machines during the 2004 calendar year fails to vote on a decision under division (B)(1)(a) of this section within thirty days after the effective date of this section, the county shall not acquire voting machines, marking devices, or automatic tabulating equipment for use during the 2004 calendar year with funds made available pursuant to the Help America Vote Act of 2002. The Secretary of State shall not compel the board of elections of a county originally scheduled to acquire voting machines during the 2004 calendar year to vote to acquire voting machines, marking devices, or automatic tabulating equipment under division (B)(1)(a) of this section.
(c) If the board of elections of a county originally scheduled to acquire voting machines during the 2004 calendar year votes to reaffirm a prior decision to acquire voting machines, marking devices, or automatic tabulating equipment for use during the 2004 calendar year with funds made available pursuant to the Help America Vote Act of 2002 under division (B)(1)(a) of this section,
that county shall proceed with the acquisition of the selected voting machines, marking devices, or automatic tabulating equipment with those funds according to the process outlined in the version of the Ohio state plan that was published in the Federal Register on March 24, 2004. The Secretary of State shall purchase the selected voting machines, marking devices, or automatic tabulating equipment for the county by acting as an agent on behalf of the board of county commissioners of that county.
(2)(a) A county may acquire voting machines, marking devices, or automatic tabulating equipment for use during the 2005 calendar year pursuant to the process outlined in the version of the Ohio state plan that was published in the Federal Register on March 24, 2004, prior to the certification of direct recording electronic voting machines with a voter verified paper audit trail in accordance with division (E)(1) of this section if both of the following apply: (i) The county did not acquire voting machines, marking devices, or automatic tabulating equipment under division (B)(1) of this section for use during the 2004 calendar year. (ii) The county has selected, through the process outlined in the version of the Ohio state plan that was published in the Federal Register on March 24, 2004, voting machines, marking devices, or automatic tabulating equipment other than direct recording electronic voting machines as the primary voting system to be used in the county. This division does not preclude the acquisition of direct recording electronic voting machines to the extent that the county is scheduled to acquire only one direct recording electronic voting machine for each polling place as required by the Help America Vote Act of 2002.
(b) If a county chooses to acquire voting machines, marking devices, or automatic tabulating equipment under division (B)(2)(a) of this section, the Secretary of State shall purchase the selected voting machines, marking devices, or automatic tabulating equipment for the county by acting as an agent on behalf of the board of county commissioners of that county.
(C) It is the intent of the General Assembly that the state of Ohio pay, with funds made available pursuant to the Help America Vote Act of 2002 or through an appropriation of state capital funds, for any additional costs a county incurs after the initial purchase of direct recording electronic voting machines, to upgrade, retrofit, or otherwise equip those voting machines with a voter verified paper audit trail if the county acquires the voting machines in any of the following manners:
(1) The county purchases the direct recording electronic voting machines before the effective date of this section using county funds and is entitled to reimbursement for that purchase under the Help America Vote Act of 2002.
(2) The county acquires the direct recording electronic voting machines for use during the 2004 calendar year under division (B)(1) of this section.
(3) The county acquires voting machines, marking devices, or automatic tabulating equipment, including direct recording electronic voting machines, under division (B)(2) of this section.
(4) The county acquired direct recording electronic voting machines before January 1, 2000, and is not scheduled to acquire new voting machines, marking devices, or automatic tabulating equipment with funds made available under the Help America Vote Act of 2002 under the process outlined in the version of the Ohio state plan that was published in the Federal Register on March 24, 2004.
(D)(1) If a county does not acquire voting machines, marking devices, or automatic tabulating equipment under division (B)(1) or (2) of this section or does not acquire voting machines, marking devices, or automatic tabulating equipment through the process described in division (C)(1) or (4) of this section, the process for counties to acquire voting machines, marking devices, or automatic tabulating equipment with funds made available pursuant to the Help America Vote Act of 2002 that is outlined in the version of the Ohio state plan that was published in the Federal Register on March 24, 2004, shall be subject to divisions (E) and (F) of this section with respect to any direct recording electronic voting machine a county selects for acquisition.
(2) Nothing in division (E) or (F) of this section shall affect the acquisition of voting machines, marking devices, or automatic tabulating equipment, other than direct recording electronic voting machines, under the process outlined in the version of the Ohio state plan that was published in the Federal Register on March 24, 2004.
(E)(1)(a) The Secretary of State shall adopt a schedule pursuant to which the Secretary of State shall certify for use in this state direct recording electronic voting machines with a voter verified paper audit trail. That schedule shall provide for the certification, acquisition, and implementation of direct recording electronic voting machines with a voter verified paper audit trail not later than the first federal election that occurs after January 1, 2006, unless required sooner by the Help America Vote Act of 2002.
(b) Before certifying any direct recording electronic voting machines with a voter verified paper audit trail, the Secretary of State shall establish standards for the certification of those machines as required by division (H)(3) of section 3506.05 of the Revised Code. In addition to the requirements of that section, the standards for certification shall require a direct recording electronic voting machine with a voter verified paper audit trail to meet the requirements of the Help America Vote Act of 2002, Chapter 3506. of the Revised Code, this act, and any other applicable laws and standards.
(c) Any vendor of a direct recording electronic voting machine with a voter verified paper audit trail may seek certification of that machine for use in this state under the certification standards the Secretary of State is required to adopt under division (H)(3) of section 3506.05 of the Revised Code and division (E)(1)(b) of this section according to the certification schedule the Secretary of State is required to adopt under division (E)(1)(a) of this section.
(d) No vendor, type, or model of direct recording electronic voting machine that was approved in this state according to the process outlined in the version of the Ohio state plan that was published in the Federal Register on March 24, 2004, shall remain on the approved list of vendors, types, or models for acquisition with funds made available pursuant to the Help America Vote Act of 2002 unless it is subject to the certification standards for direct recording electronic voting machines with a voter verified paper audit trail the Secretary of State is required to adopt under division (H)(3) of section 3506.05 of the Revised Code and division (E)(1)(b) of this section.
(2) After the Secretary of State certifies direct recording electronic voting machines with a voter verified paper audit trail under division (E)(1) of this section, the Secretary of State shall commence price negotiations with any willing vendor that meets both of the following requirements:
(a) The vendor's direct recording electronic voting machine was approved for acquisition and use in this state under the process outlined in the version of the Ohio state plan that was published in the Federal Register on March 24, 2004.
(b) The vendor's direct recording electronic voting machine with a voter verified paper audit trail is certified in accordance with division (E)(1) of this section.
(3) With each willing vendor that meets the requirements of division (E)(2) of this section, the Secretary of State shall negotiate for a final unified price. The final unified price shall include both of the following:
(a) The cost of upgrading, retrofitting, or otherwise equipping all direct recording electronic voting machines produced by that vendor and acquired under division (B)(1) or (2) of this section or through the process described in division (C)(1) or (4) of this section with a voter verified paper audit trail;
(b) The purchase price for that vendor for all direct recording electronic voting machines that were previously selected by a county for acquisition during the 2005 calendar year under the process outlined in the version of the Ohio state plan that was published in the Federal Register on March 24, 2004, and that have not already been acquired under division (B)(2) of this section. The purchase price under this division shall include the price for equipping each direct recording electronic voting machine with a voter verified paper audit trail.
(4) After the Secretary of State negotiates a final unified price with each eligible vendor under division (E)(3) of this section, the Secretary of State shall perform the following calculation with respect to each vendor:
(a) For each vendor, the final unified price shall be added to the total cost of all direct recording electronic voting machines acquired from that vendor under division (B)(1) or (2) of this section or through the process described in division (C)(1) or (4) of this section.
(b) To determine the percentage change between acquiring direct recording electronic voting machines under the contract negotiated under the process outlined in the version of the Ohio state plan that was published in the Federal Register on March 24, 2004, and acquiring direct recording electronic voting machines with a voter verified paper audit trail, the sum under division (E)(4)(a) of this section shall be divided by the total cost of acquiring direct recording electronic voting machines from that vendor if all counties that previously selected those machines from that vendor under the process outlined in the version of the Ohio state plan that was published in the Federal Register on March 24, 2004, had acquired the machines under that contract.
(5) If the calculation performed under division (E)(4) of this section results in a percentage cost of one hundred twenty per cent or less, the Secretary of State may accept this cost, subject to Controlling Board approval. If approved by the Controlling Board, the Secretary of State may permit both of the following:
(a) Counties that have not yet purchased direct recording electronic voting machines with funds made available under the Help America Vote Act of 2002 and that previously selected that vendor's direct recording electronic voting machines to purchase direct recording electronic voting machines with a voter verified paper audit trail from that vendor according to the process outlined in the version of the Ohio state plan that was published in the Federal Register on March 24, 2004;
(b) Counties that previously purchased direct recording electronic voting machines from that vendor under division (B)(1) or (2) of this section or through the process described in division (C)(1) or (4) of this section to upgrade, retrofit, or otherwise equip those direct recording electronic voting machines with a voter verified paper audit trail from that vendor.
(6) If the calculation performed under division (E)(4) of this section results in a percentage cost of more than one hundred twenty per cent, the Secretary of State shall not accept the cost, and any contract negotiated with that vendor shall be deemed null and void with respect to any direct recording electronic voting machines not yet purchased.
(F)(1) If a vendor of a direct recording electronic voting machine that was approved for acquisition and use in this state under the process outlined in the version of the Ohio state plan that was published in the Federal Register on March 24, 2004, chooses not to seek or fails to gain certification for a direct recording electronic voting machine with a voter verified paper audit trail, or if the vendor's contract is declared null and void under division (E)(6) of this section, any vendor of a direct recording electronic voting machine with a voter verified paper audit trail that is certified for use in this state may submit a bid to provide voting machines, marking devices, or automatic tabulating equipment for those counties whose original direct recording electronic voting machine selection is no longer available under this section.
(2) The Secretary of State shall develop a process by which vendors of a certified direct recording electronic voting machine with a voter verified paper audit trail may submit bids under division (F)(1) of this section, by which the Secretary of State shall approve for acquisition, and by which counties identified in division (F)(1) of this section may purchase voting machines, marking devices, or automatic tabulating equipment using funds made available pursuant to the Help America Vote Act of 2002. Any voting machines, marking devices, or automatic tabulating equipment so purchased shall meet the requirements of the Help America Vote Act of 2002, Chapter 3506. of the Revised Code, this act, and any other applicable laws and standards. Any process the Secretary of State develops under this division shall be described in the Ohio state plan. The process shall permit the Secretary of State to purchase voting machines, marking devices, or automatic tabulating equipment on behalf of a board of county commissioners with the Secretary of State acting as an agent of the board.
The process shall not authorize the Secretary of State to do either of the following:
(a) Purchase voting machines, marking devices, or automatic tabulating equipment except when acting as an agent on behalf of the board of county commissioners of a county;
(b) Require a county board of elections to select or use any direct recording electronic voting machine except as otherwise required by federal law.
(3) Any purchase of voting machines, marking devices, or automatic tabulating equipment under division (F) of this section shall be subject to Controlling Board approval.
(G) The acquisition of voting machines, marking devices, or automatic tabulating equipment under this section with funds made available pursuant to the Help America Vote Act of 2002 shall be completed before the first federal election that occurs after January 1, 2006, unless required sooner by that Act.
(H) It is the intent of the General Assembly that the state of Ohio pay, with funds made available pursuant to the Help America Vote Act of 2002 or through an appropriation of state capital funds, the full cost of acquiring all voting machines, marking devices, or automatic tabulating equipment under this section.
SECTION 23. That existing Section 3 of Sub. H.B. 262 of the 125th General Assembly is hereby repealed.
SECTION 24. That Section 99 of Am. Sub. H.B. 95 of the 125th General Assembly, as amended by Sub. H.B. 262 of the 125th General Assembly, be amended to read as follows: Sec. 99. SOS SECRETARY OF STATE General Revenue Fund
GRF | 050-321 | | Operating Expenses | | $ | 2,750,000 | | $ | 2,750,000 |
GRF | 050-403 | | Election Statistics | | $ | 110,570 | | $ | 110,570 |
GRF | 050-407 | | Pollworkers Training | | $ | 295,742 | | $ | 295,742 |
GRF | 050-409 | | Litigation Expenditures | | $ | 4,949 | | $ | 4,949 |
TOTAL GRF General Revenue Fund | | $ | 3,161,261 | | $ | 3,161,261 |
General Services Fund Group
4S8 | 050-610 | | Board of Voting Machine Examiners | | $ | 7,200 | | $ | 7,200 |
412 | 050-609 | | Notary Commission | | $ | 178,124 | | $ | 185,249 |
413 | 050-601 | | Information Systems | | $ | 163,418 | | $ | 169,955 |
414 | 050-602 | | Citizen Education Fund | | $ | 72,800 | | $ | 75,712 |
TOTAL General Services Fund Group | | $ | 421,542 | | $ | 438,116 |
Federal Special Revenue Fund Group
3AT | 050-614 | | Voter/Poll Worker Education | | $ | 0 | | $ | 5,000,000 | 3AR | 050-615 | | 2004 HAVA Voting Machines | | $ | 0 | | $ | 27,250,000 | 3AS | 050-616 | | 2005 HAVA Voting Machines | | $ | 0 | | $ | 79,250,000 |
3X4 |
050-612 |
|
Ohio Cntr/Law Related Educ Grant |
|
$ |
41,000 |
|
$ |
41,000 |
TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
Fund Group | | $ | 41,000 | | $ | 109,541,000 |
State Special Revenue Fund Group
5N9 | 050-607 | | Technology Improvements | | $ | 124,582 | | $ | 129,565 | 599 | 050-603 | | Business Services Operating Expenses | | $ | 13,889,462 | | $ | 14,241,966 |
TOTAL SSR State Special Revenue | | | | | | |
Fund Group | | $ | 14,014,044 | | $ | 14,371,531 |
Holding Account Redistribution Fund Group
R01 | 050-605 | | Uniform Commercial Code Refunds | | $ | 65,000 | | $ | 65,000 |
R02 | 050-606 | | Corporate/Business Filing Refunds | | $ | 100,000 | | $ | 100,000 |
TOTAL 090 Holding Account | | | | | | |
Redistribution Fund Group | | $ | 165,000 | | $ | 165,000 |
TOTAL ALL BUDGET FUND GROUPS | | $ | 17,802,847 | | $ | 127,676,908 |
BOARD OF VOTING MACHINE EXAMINERS The foregoing appropriation item 050-610, Board of Voting
Machine Examiners,
shall be used to pay for the services and
expenses of the members of the Board
of Voting Machine Examiners,
and for other expenses that are authorized to be
paid from the
Board of Voting Machine Examiners Fund, which is created in
section
3506.05 of the Revised Code. Moneys not used shall be
returned to
the
person or entity submitting the equipment for
examination. If
it is
determined that additional appropriations
are necessary,
such amounts are appropriated. HOLDING ACCOUNT REDISTRIBUTION GROUP The foregoing appropriation items 050-605 and 050-606,
Holding
Account Redistribution Fund Group, shall be used to hold
revenues
until they are directed to the appropriate accounts or
until they
are refunded. If it is determined that additional
appropriations
are necessary, such amounts are
appropriated.
VOTER/POLL WORKER EDUCATION FUND If, as of the effective date of this amendment, the Controlling Board has not taken action to allow for a statewide voter education and poll worker training program in the state, the Director of Budget and Management shall transfer $5,000,000 from the Election Reform Fund (Fund 3AA) to the Voter Education/Poll Worker Education Fund (Fund 3AT). Of the foregoing appropriation item 050-614, Voter/Poll Worker Education, $2,500,000 shall be allocated to the counties, subject to Controlling Board approval. Of this amount, the Secretary of State shall distribute $440,000 to the counties such that each county shall receive $5,000. The remaining $2,060,000 allocated shall be distributed to the counties based upon per capita population as determined by the most recent federal decennial census data. $2,500,000 shall be used to conduct a statewide voter education and poll worker-training program, subject to Controlling Board approval.
Of the $2,500,000 appropriated to counties, no county shall receive its allotted funding until it has submitted a voter education plan to, and had that plan approved by, the Secretary of State. Of the $2,500,000 appropriated to the Secretary of State for the purpose of conducting a voter education and poll worker training program, the Secretary of State may use up to $1,000,000 for the development, implementation, and certification for standards of Voter Verified Paper Audit Trail (VVPAT) systems.
After January 1, 2005, the Secretary of State may seek approval from the Controlling Board for the release of an additional $2,500,000 from the Election Reform Fund (Fund 3AA), if the Secretary of State can demonstrate it is necessary for the implementation of additional voter education and poll worker training. Of this $2,500,000, the Secretary of State must distribute $1,250,000 to the counties on a per capita basis based upon population as determined by the most recent federal decennial census data. However, the $1,250,000 shall not be released to the individual counties until those counties have submitted a voter education plan to, and had that plan approved by, the Secretary of State.
Upon the effective date of this amendment, the Secretary of State may request that the Director of Budget and Management transfer an amount from the Election Reform Fund (Fund 3AA) to a GRF appropriation item within the Secretary of State's Budget for the compensation of the ADA coordinator under section 3501.05 of the Revised Code.
2004 HAVA VOTING MACHINES FUND If, as of the effective date of this amendment, the Controlling Board has not taken action to approve the funds for deployment of HAVA certified voting systems in 2004, the Director of Budget and Management shall transfer an amount not to exceed $27,250,000 from the Election Reform Fund (Fund 3AA) to the 2004 HAVA Voting Machines Fund (Fund 3AR). 2005 HAVA VOTING MACHINES FUND As of the effective date of this amendment, the Director of Budget and Management shall transfer an amount not to exceed $79,250,000 from the Election Reform Fund (Fund 3AA) to the 2005 HAVA Voting Machines Fund (Fund 3AS). The amount is hereby appropriated. The Secretary of State shall certify to the Director of Budget and Management any amount from the 2004 Voting Machines Fund (Fund 3AR) that was not required for voting machine replacement or upgrades. The Director of Budget and Management shall transfer this amount to the 2005 HAVA Voting Machines Fund (Fund 3AS) and abolish the 2004 HAVA Voting Machines Fund (Fund 3AR). All expenditures from the 2005 HAVA Voting Machine Fund for the purpose of purchasing direct recording electronic voting machines with a voter verified paper audit trail or upgrading, retrofitting, or otherwise equipping direct recording electronic voting machines with a voter verified paper audit trail are subject to Controlling Board approval.
SECTION 25. That existing Section 99 of Am. Sub. H.B. 95 of the 125th General Assembly, as amended by Sub. H.B. 262 of the 125th General Assembly, is hereby repealed.
SECTION 26. 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 27. The amendment by this act of Section 3 of Sub. H.B. 262 of the 125th General Assembly and the amendment by this act of Section 99 of Am. Sub. H.B. 95 of the 125th General Assembly, as amended by Sub. H.B. 262 of the 125th General Assembly, are not subject to the referendum and, under Ohio Constitution, Article II, Section 1d and section 1.471 of the Revised Code, go into effect when this act becomes law. SECTION 28. Sections 3 to 6 of this act, and the items of law of which such sections 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, and the items of law of which such sections are composed, go into immediate effect when this act becomes law. SECTION 29. If any item of law that constitutes the whole or part of a codified or uncodified section of law contained in this act, or if any application of any item of law that constitutes the whole or part of a codified or uncodified section of law contained in this act, is held invalid, the invalidity does not affect other items of law or applications of items of law that can be given effect without the invalid item of law or application. To this end, the items of law of which the codified and uncodified sections of law contained in this act are composed, and their applications, are independent and severable.
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