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.
|
S. B. No. 321 As IntroducedAs Introduced
126th General Assembly | Regular Session | 2005-2006 |
| |
Senator Carey
A BILL
To amend sections 183.04, 183.05, 183.30, 3702.72, 3702.73, and 3702.81 of the Revised Code, to amend Section 312.27 of Am. Sub. H.B. 66 of the 126th General Assembly, and to amend Section 203.09 of Am. Sub. H.B. 66 of the 126th General
Assembly, as subsequently amended, to provide for the distribution of money received by the state pursuant to the Tobacco Master Settlement Agreement by making operating appropriations for the biennium beginning July 1, 2006, and ending June 30, 2008, 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 101.01. That sections 183.04, 183.05, 183.30, 3702.72, 3702.73, and 3702.81 of the Revised Code be amended 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 twenty-three 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, and 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. 183.05. The board of trustees of the tobacco use prevention
and control foundation shall select a chairperson from among its members
and shall meet once during each quarter or at such other times as the
board decides. A majority of the voting members of the board constitutes
a quorum, and no action shall be taken without the affirmative
vote of a majority of the members quorum.
Sec. 183.30. (A)
Except as provided in division (D) of
this
section, no more than five per cent of the total
expenditures disbursements, encumbrances, and obligations
of
the tobacco use prevention and control foundation in a fiscal
year
shall be for administrative expenses of the
foundation in the same fiscal year. (B)
Except as provided in division (D) of this section, no
more than five per cent of the total expenditures disbursements, encumbrances, and obligations of the
southern
Ohio agricultural and community development foundation in
a fiscal
year shall be for administrative expenses of the
foundation in the same fiscal year. (C)
Except as provided in division (D) of this section, no
more than five per cent of the total expenditures
made from disbursements, encumbrances, and obligations of the
biomedical
research and technology transfer trust fund by the third frontier
commission in a fiscal
year shall be for administrative expenses relating to the administration
of the commission trust fund by the third frontier commission in the same fiscal year. (D) This section's five per cent limitation on
administrative expenses does not apply
to any fiscal
year for
which the
controlling board
approves a spending plan
that the
foundation or commission
submits to the board.
Sec. 3702.72. (A) A primary care physician who has not received national
health service corps tuition or student loan repayment assistance will not have an outstanding obligation for medical service to the federal government, a state, or other entity at the time of participation in the physician loan repayment program and meets
one of the following requirements may apply for participation in the physician
loan repayment program: (1) The primary care physician is enrolled in the final year of an accredited
program required for board certification in a primary care specialty. (2) The primary care physician is enrolled in the final year of a fellowship
program in a primary care specialty. (3) The primary care physician has been engaged in the practice of medicine
and surgery or osteopathic medicine and
surgery in this state for not more than three years prior to
submitting the application holds a valid certificate to practice medicine and surgery or osteopathic medicine and surgery issued under Chapter 4731. of the Revised Code. (B) An application for participation in the physician loan repayment
program shall be submitted to the director of health on a form
that the director shall prescribe. The information required to be submitted
with an application includes the following: (1) The applicant's name, permanent address or address at which the applicant
is currently residing if different from the permanent address, and telephone
number; (2) The applicant's primary care specialty; (3) The medical school or osteopathic medical school the applicant attended,
the dates of attendance, and verification of attendance; (4) The facility or institution where the applicant's medical residency
program was completed or is being performed, and, if completed,
the date of completion; (5) A summary and verification of the educational expenses for which the
applicant seeks reimbursement under the program;; (6) Verification of the applicant's authorization under Chapter
4731. of the Revised Code to practice medicine and surgery or osteopathic
medicine and surgery; (7) Verification of the applicant's United States
citizenship or status as a legal alien.
Sec. 3702.73. If the general assembly has appropriated funds for the
physician loan repayment program, the director of health shall approve an
applicant for participation in the program if the director finds that, in
accordance with the priorities established under section 3702.77 of the
Revised Code, the applicant is eligible for participation in the program and
the applicant's primary care specialty is needed in a health resource shortage
area. Upon approval, the director shall notify and enter into discussions with the
applicant. The object of the discussions is to facilitate the recruitment of
the applicant to a site within a health resource shortage area at which,
according to the priorities established under section 3702.77 of the Revised
Code, the applicant's primary care specialty is most needed. The director may
pay the costs incurred by the applicant and the applicant's spouse for travel,
meals, and lodging in making one visit to one health resource shortage area.
The director may also refer an applicant to the Ohio primary care association,
inc., for assistance in being recruited to a site within a health resource
shortage area at which the applicant will agree to be placed. If the director and applicant agree on the applicant's
placement at a particular site within a health resource shortage area, the
applicant shall prepare, sign, and deliver to the director a letter of intent
agreeing to that placement.
Sec. 3702.81. There is hereby created the physician loan
repayment advisory board. The board shall consist of eleven
members as follows: (A) The following six members appointed by the governor:
a representative of the department of health, a representative of
the Ohio academy of family practice, a representative of the
board of regents, a representative of the Ohio primary
care association of community health centers, inc., a representative of the Ohio state medical
association, and a representative of the Ohio osteopathic
association; (B) Two members of the house of representatives, one from
each political party, appointed by the speaker of the house of
representatives; (C) Two members of the senate, one from each political
party, appointed by the president of the senate. Of the initial appointments made by the governor, three
shall be for terms ending June 30, 1994, and four shall be for
terms ending June 30, 1995. Of the initial appointments made by
the speaker of the house of representatives, one shall be for a
term ending June 30, 1994, and one shall be for a term ending
June 30, 1995. Of the initial appointments made by the president
of the senate, one shall be for a term ending June 30, 1994, and
one shall be for a term ending June 30, 1995. Thereafter, terms
of office shall be two years, commencing on the first day of July
and ending on the thirtieth day of June. Each member shall hold
office from the date of appointment until the end of the term
for which the member was appointed, except that a legislative
member ceases to be a member of the board upon
ceasing to be a member of the general assembly. Vacancies shall be filled in the manner prescribed for the
original appointment. A 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. A member shall continue in office subsequent to the
expiration of the member's term until a successor
takes office or until
sixty days have elapsed, whichever occurs first. No person shall
be appointed to the board for more than two consecutive terms. The governor, speaker, or president may remove a member for
whom the governor, speaker, or president was the appointing
authority, for misfeasance,
malfeasance, or willful neglect of duty. The governor shall designate a member of the board to serve as
chairperson of the board. The board shall meet at least once annually. The
chairperson shall call special meetings as needed or upon the request
of six members. Six members of the board constitute a quorum to transact
and vote on all business coming before the board. Members of the board shall serve without compensation, but
shall be reimbursed for reasonable and necessary expenses
incurred in the discharge of their duties. The department of health shall provide the board with staff
assistance as requested by the board.
Section 101.02. That existing sections 183.04, 183.05, 183.30, 3702.72, 3702.73, and 3702.81 of the Revised Code are hereby repealed. Section 201.10. All items in Sections 203.10 to 205.10 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 these
sections,
those
in the first column are for fiscal year 2007 and
those in the
second
column are for fiscal year 2008. Section 203.10. 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 203.20. AGO ATTORNEY GENERAL
Tobacco Master Settlement Agreement Fund Group
J87 |
055-635 |
|
Law Enforcement Technology, Training, and Facility Enhancements |
|
$ |
620,000 |
|
$ |
0 |
U87 |
055-402 |
|
Tobacco Settlement Oversight, Administration, and Enforcement |
|
$ |
673,797 |
|
$ |
723,797 |
TOTAL
TSF Tobacco Master Settlement Agreement Fund Group |
|
$ |
1,293,797 |
|
$ |
723,797 |
TOTAL
ALL BUDGET FUND GROUPS |
|
$ |
1,293,797 |
|
$ |
723,797 |
Section 203.30. DEV DEPARTMENT OF DEVELOPMENT
Tobacco Master Settlement Agreement Fund Group
M87 |
195-435 |
|
Biomedical Research and Technology Transfer |
|
$ |
27,502,244 |
|
$ |
21,416,437 |
TOTAL TSF Tobacco Master Settlement Agreement Fund Group |
|
$ |
27,502,244 |
|
$ |
21,416,437 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
27,502,244 |
|
$ |
21,416,437 |
Section 203.40. ETC ETECH OHIO Tobacco Master Settlement Agreement Fund Group
S87 |
935-602 |
|
Education Technology Trust Fund |
|
$ |
4,350,000 |
|
$ |
4,350,000 |
TOTAL TSF Tobacco Master |
|
|
|
|
|
|
Settlement Agreement Fund |
|
|
|
|
|
|
Group |
|
$ |
4,350,000 |
|
$ |
4,350,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
4,350,000 |
|
$ |
4,350,000 |
The eTech Ohio Commission shall distribute SchoolNet Plus Grants to qualifying school districts in fiscal year 2007 and fiscal year 2008 to establish and equip at least one interactive computer workstation for each five children enrolled in the eighth grade as reported by the school district pursuant to division (A) of section 3317.03 of the Revised Code.
Districts in the first two quartiles of wealth will receive up to $128 per pupil for students in the targeted grade to purchase classroom computers. Districts in the third and fourth quartiles will receive up to $82 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 203.50. 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 |
|
$ |
850,000 |
|
$ |
850,000 |
L87 |
440-414 |
|
Uncompensated Care |
|
$ |
3,855,050 |
|
$ |
3,855,050 |
L87 |
440-420 |
|
Childhood Lead WIC |
|
$ |
500,000 |
|
$ |
500,000 |
L87 |
440-421 |
|
Infant Mortality Reduction Initiative |
|
$ |
266,000 |
|
$ |
266,000 |
L87 |
440-432 |
|
Prevnar Vaccines |
|
$ |
4,700,000 |
|
$ |
4,700,000 |
TOTAL TSF Tobacco Master |
|
|
|
|
|
|
Settlement Agreement Fund |
|
|
|
|
|
|
Group |
|
$ |
11,816,050 |
|
$ |
11,816,050 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
11,816,050 |
|
$ |
11,816,050 |
Section 203.60. 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 203.70. DHS DEPARTMENT OF PUBLIC SAFETY
Tobacco Master Settlement Agreement Fund Group |
L87 |
767-406 |
|
Under-Age Tobacco Use Enforcement |
|
$ |
610,560 |
|
$ |
610,560 |
TOTAL TSF Tobacco Master Settlement Agreement Fund Group |
|
$ |
610,560 |
|
$ |
610,560 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
610,560 |
|
$ |
610,560 |
Section 203.80. SOA SOUTHERN OHIO AGRICULTURAL AND COMMUNITY
DEVELOPMENT FOUNDATION Tobacco Master Settlement Agreement Fund Group
5M9 |
945-601 |
|
Operating Expenses |
|
$ |
456,942 |
|
$ |
475,220 |
K87 |
945-602 |
|
Southern Ohio Agricultural and Community Development Foundation |
|
$ |
13,150,375 |
|
$ |
7,513,251 |
TOTAL TSF Tobacco Master |
|
|
|
|
|
|
Settlement Agreement Fund |
|
|
|
|
|
|
Group |
|
$ |
13,607,317 |
|
$ |
7,988,471 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
13,607,317 |
|
$ |
7,988,471 |
Section 203.90. TAX DEPARTMENT OF TAXATION
Tobacco Master Settlement Agreement Fund Group |
T87 |
110-402 |
|
Tobacco Settlement Enforcement |
|
$ |
328,034 |
|
$ |
328,034 |
TOTAL TSF Tobacco Master Settlement Agreement Fund Group |
|
$ |
328,034 |
|
$ |
328,034 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
328,034 |
|
$ |
328,034 |
Section 205.10. TUP TOBACCO USE PREVENTION AND CONTROL
FOUNDATION
Tobacco Master Settlement Agreement Fund Group |
5M8 |
940-601 |
|
Operating Expenses |
|
$ |
1,659,091 |
|
$ |
1,717,159 |
TOTAL TSF Tobacco Master Settlement Agreement Fund Group |
|
$ |
1,659,091 |
|
$ |
1,717,159 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
1,659,091 |
|
$ |
1,717,159 |
Section 207.10. 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 |
|
$ |
648,500,000 |
Total School Facilities Commission |
|
$ |
648,500,000 |
TOTAL Education Facilities Trust Fund |
|
$ |
648,500,000 |
Section 207.13.
Section 207.10 of this act shall remain in full
force and
effect
commencing
on July 1, 2006, and terminating on
June 30,
2008, for the purpose
of drawing money from the state
treasury in
payment of liabilities
lawfully
incurred thereunder,
and on June
30, 2008, and not
before, the moneys
appropriated
thereby shall
lapse into the funds
from which they are severally
appropriated.
The appropriations made in
Section 207.10
of
this act are
subject to
all provisions of the
capital appropriations act
governing
the
2006-2008 biennium that
are generally applicable to
such
appropriations. Expenditures
from appropriations contained
in
Section 207.10 of this act
shall be accounted
for as though made in
the
capital appropriations act governing
the 2006-2008 biennium.
Section 209.10. All items set forth in this section are hereby appropriated in fiscal year 2007 for emergency repairs to Ohio Historical Society sites out of any moneys in the state treasury to the credit of the Cultural and Sports Facilities Building Fund (Fund 030) that are not otherwise appropriated:
AFC CULTURAL FACILITIES COMMISSION
CAP-745 |
|
Historic Sites and Museums |
|
$ |
400,000 |
Total Cultural Facilities Commission |
|
$ |
400,000 |
Total Cultural and Sports Facilities Building Fund |
|
$ |
400,000 |
Section 209.11. The Treasurer of State is hereby authorized to issue and sell, in accordance with Section 2o of Article VII, Ohio Constitution, and pursuant to sections 151.01 and 151.40 of the Revised Code, original obligations in an aggregate principal amount not to exceed $400,000, in addition to the original issuance of obligations heretofore authorized by prior acts of the General Assembly. These authorized obligations shall be issued and sold from time to time, subject to applicable constitutional and statutory limitations, as needed to ensure sufficient moneys to the credit of the Cultural and Sports Facilities Building Fund (Fund 030) to pay costs associated with emergency repairs to Ohio Historical Society sites. Section 303.03.
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 303.06. 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 hereby 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 303.09. 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 403.05. That Section 312.27 of Am. Sub. H.B. 66 of the 126th General Assembly be amended to read as follows: Sec. 312.27. TRANSFERS TO THE EDUCATION FACILITIES TRUST FUND
Notwithstanding section 183.02 of the Revised Code, after all transfers from the Tobacco Master Settlement Agreement Fund (Fund 087) to various other funds of cash that would have otherwise been transferred to the Tobacco Use Prevention and Cessation Trust Fund (Fund H87) in fiscal year 2006 have been made, the Director of Budget and Management shall transfer the remaining balance of the funds that would otherwise be transferred to the Tobacco Use Prevention and Cessation Trust Fund in fiscal year 2006 to the Education Facilities Trust Fund (Fund N87).
Notwithstanding section 183.02 of the Revised Code and division (B)(3) of Section 206.27 of Am. Sub. H.B. 66 of the 126th General Assembly, after all transfers from the Tobacco Master Settlement Agreement Fund (Fund 087) to various other funds of cash that would have otherwise been transferred to the Tobacco Use Prevention and Cessation Trust Fund (Fund H87) in fiscal year 2007 have been made, the Director of Budget and Management shall transfer the remaining balance of the funds that would otherwise be transferred to the Tobacco Use Prevention and Cessation Trust Fund in fiscal year 2007 to the Education Facilities Trust Fund (Fund N87). Section 403.06. That existing Section 312.27 of Am. Sub. H.B. 66 of the 126th General Assembly is hereby repealed. Section 403.11. That Section 203.09 of Am. Sub. H.B. 66 of the 126th General Assembly, as amended by Am. Sub. H.B. 530 of the 126th General Assembly, be amended to read as follows: Sec. 203.09. ADJ ADJUTANT GENERAL
GRF |
745-401 |
|
Ohio Military Reserve |
|
$ |
15,188 |
|
$ |
15,188 |
GRF |
745-404 |
|
Air National Guard |
|
$ |
1,939,762 |
|
$ |
1,939,762 2,081,717 |
GRF |
745-407 |
|
National Guard Benefits |
|
$ |
1,400,000 |
|
$ |
1,400,000 |
GRF |
745-409 |
|
Central Administration |
|
$ |
3,949,590 |
|
$ |
3,949,590 4,171,926 |
GRF |
745-499 |
|
Army National Guard |
|
$ |
4,086,222 |
|
$ |
4,086,222 4,721,931 |
GRF |
745-502 |
|
Ohio National Guard Unit Fund |
|
$ |
102,973 |
|
$ |
102,973 |
TOTAL GRF General Revenue Fund |
|
$ |
11,493,735 |
|
$ |
11,493,735 12,493,735 | General Services Fund Group
534 |
745-612 |
|
Armory Improvements |
|
$ |
534,304 |
|
$ |
534,304 |
536 |
745-620 |
|
Camp Perry/Buckeye Inn Operations |
|
$ |
1,094,970 |
|
$ |
1,094,970 |
537 |
745-604 |
|
Ohio National Guard Facility Maintenance |
|
$ |
219,826 |
|
$ |
219,826 |
TOTAL GSF General Services Fund Group |
|
$ |
1,849,100 |
|
$ |
1,849,100 | Federal Special Revenue Fund Group
3E8 |
745-628 |
|
Air National Guard Agreement |
|
$ |
12,174,760 |
|
$ |
12,174,760 |
3R8 |
745-603 |
|
Counter Drug Operations |
|
$ |
25,000 |
|
$ |
25,000 |
341 |
745-615 |
|
Air National Guard Base Security |
|
$ |
2,424,740 |
|
$ |
2,424,740 |
342 |
745-616 |
|
Army National Guard Agreement |
|
$ |
8,686,893 |
|
$ |
8,686,893 |
TOTAL FED Federal Special Revenue Fund Group |
|
$ |
23,311,393 |
|
$ |
23,311,393 | State Special Revenue Fund Group
5DN |
745-618 |
|
Service Medal Production |
|
$ |
1,500 |
|
$ |
0 |
5U8 |
745-613 |
|
Community Match Armories |
|
$ |
90,000 |
|
$ |
91,800 |
528 |
745-605 |
|
Marksmanship Activities |
|
$ |
126,078 |
|
$ |
128,600 |
TOTAL SSR State Special Revenue Fund Group |
|
$ |
217,578 |
|
$ |
220,400 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
36,871,806 |
|
$ |
36,874,628 37,874,628 | The foregoing appropriation item 745-407, National Guard Benefits, shall be used for purposes of sections 5919.31 and 5919.33 of the Revised Code, and for administrative costs of the associated programs. For active duty members of the Ohio National Guard who died after October 7, 2001, while performing active duty, the death benefit, pursuant to section 5919.33 of the Revised Code, shall be paid to the beneficiary or beneficiaries designated on the member's Servicemembers' Group Life Insurance Policy. Of the foregoing appropriation item 745-409, Central Administration, $50,000 in each fiscal year shall be used for the purpose of paying expenses related to state active duty of members of the Ohio organized militia, in accordance with a proclamation of the Governor. Expenses include, but are not limited to, the cost of equipment, supplies, and services, as determined by the Adjutant General's Department. NATIONAL GUARD SERVICE MEDAL PRODUCTION
The foregoing appropriation item 745-618, Service Medal Production, shall be used to cover costs of production of the Commemorative National Guard Service Medal pursuant to section 5919.19 of the Revised Code.
CASH TRANSFER TO NATIONAL GUARD SERVICE MEDAL FUND
At the request of the Adjutant General, the Director of Budget and Management may transfer up to $1,500 cash from the General Revenue Fund to the National Guard Service Medal Fund (Fund 5DN) in fiscal year 2006. Section 403.12. That existing Section 203.09 of Am. Sub. H.B. 66 of the 126th General Assembly, as amended by Am. Sub. H.B. 530 of the 126th General Assembly, is hereby repealed. Section 503.03. The items of law of which the sections of law contained in this act are composed, and their applications, are independent and severable. If any item of law that constitutes the whole or part of a section of law contained in this act, or if any application of any item of law that constitutes the whole or part of a 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. Section 506.03. An item of law that composes the whole or part of a section of law contained in this act that makes, or that provides for funding of, an appropriation or reappropriation of money has no effect after June 30, 2008, unless its context clearly indicates otherwise. Section 509.03. Except as otherwise specifically provided in this act, the amendment or enactment of the sections of law contained in this act, and the items of law of which the amendments or enactments are composed, are not subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1d and section 1.471 of the Revised Code, the amendments or enactments, and the items of law of which the amendments or enactments are composed, go into immediate effect when this act becomes law. Section 512.03. The amendment or enactment by this act of the sections of law listed in this section, and the items of law of which the amendments or enactments are composed, are subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1c and section 1.471 of the Revised Code, the amendments or enactments, and the items of law of which the amendments or enactments 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 amendment or enactment, or against any item of law of which any such amendment or enactment is composed, the amendment or enactment, or item, unless rejected at the referendum, takes effect at the earliest time permitted by law.
Sections 183.04, 183.05, 183.30, 3702.72, 3702.73, and 3702.81 of the Revised Code.
|
|