The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
Sub. H. B. No. 434As Passed by the HouseAs Passed by the House
125th General Assembly | Regular Session | 2003-2004 |
| |
REPRESENTATIVES Calvert, Allen, Barrett, Beatty, D. Evans, Flowers, Hartnett, Hughes, Miller, T. Patton, Schneider, J. Stewart, Strahorn, Aslanides, Chandler, Collier, C. Evans, Otterman, Peterson, Schlichter, Setzer
A BILL
To amend sections 183.04 and 183.18 and to enact sections 3313.717 and 3314.16 of the Revised Code 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. 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 2005 and
those in the
second
column are for fiscal year 2006. 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 |
|
$ |
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 6. 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 7. 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 |
|
$ |
583,653 |
|
$ |
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 |
|
$ |
8,847,053 |
|
$ |
6,349,704 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
8,847,053 |
|
$ |
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 8. MIH COMMISSION ON MINORITY HEALTH
Tobacco Master Settlement Agreement Fund Group |
L87 |
149-402 |
|
Minority Health and Academic Partnership Grants |
|
$ |
690,000 |
|
$ |
690,000 |
L87 |
149-403 |
|
Training and Capacity Building |
|
$ |
100,000 |
|
$ |
100,000 |
L87 |
149-404 |
|
Academic, Scientific, and Community Partnerships |
|
$ |
400,000 |
|
$ |
400,000 |
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 9. 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 10. 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 |
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 11. 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 12. 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 13. 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 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 |
|
$ |
243,200,000 |
Total School Facilities Commission |
|
$ |
243,200,000 |
TOTAL Education Facilities Trust Fund |
|
$ |
243,200,000 |
Section 14.01.
Section 14 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 14
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 14
shall be accounted
for as though made in
the
capital appropriations act governing
the 2004-2006 biennium.
Section 15.
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 16. 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 17. 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 18. 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 19. 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.
|
|