130th Ohio General Assembly
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Sub. S. B. No. 321  As Reported by the Senate Finance and Financial Institutions Committee
As Reported by the Senate Finance and Financial Institutions Committee

126th General Assembly
Regular Session
2005-2006
Sub. S. B. No. 321


Senators Carey, Niehaus, Stivers, Roberts, Clancy, Austria 



A BILL
To amend sections 183.04, 183.05, 183.30, 3702.72, 3702.73, 3702.81, 3702.89, and 3702.92 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 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, 3702.81, 3702.89, and 3702.92 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.
Sec. 3702.89.  (A) An individual who has is not received receiving national health service corps tuition or student loan repayment assistance and meets one of the following requirements may apply for participation in the dentist loan repayment program:
(1) The applicant is a dental student enrolled in the final year of dental college.
(2) The applicant is a dental resident in the final year of residency.
(3) The applicant has been engaged in the practice of dentistry in this state for not more than three years prior to submitting the application.
(B) An application for participation in the dentist loan repayment program shall be submitted to the director of health on a form the director shall prescribe. The following information shall be included or supplied:
(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 dental college the applicant is attending or attended, dates of attendance, and verification of attendance;
(3) If the applicant is a dental resident, the facility or institution at which the dental residency is being performed;
(4) A summary and verification of the educational expenses for which the applicant seeks reimbursement under the program;
(5) If the applicant is a dentist, verification of the applicant's license issued under Chapter 4715. of the Revised Code to practice dentistry and proof of good standing;
(6) Verification of the applicant's United States citizenship or status as a legal alien.
Sec. 3702.92.  There is hereby created the dentist loan repayment advisory board. The board shall consist of the following members:
(A) One member of the house of representatives, appointed by the speaker of the house of representatives;
(B) One member of the senate, appointed by the president of the senate;
(C) A representative of the board of regents, appointed by the chancellor;
(D) The director of health or an employee of the department of health designated by the director;
(E) Three representatives of the dental profession, appointed by the governor from persons nominated by the Ohio dental association.
The governor shall appoint the dental profession representatives not later than ninety days after the effective date of this section October 29, 2003. The terms of all members shall commence ninety-one days after the effective date of this section October 29, 2003. Of the initial appointments made by the governor, two shall serve a term of one year and one shall serve a term of two years. The initial appointment made by the speaker of the house of representatives shall be for a term of one year. The initial appointment made by the president of the senate shall be for a term of two years.
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. Thereafter, terms of office shall be two years. 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 on ceasing to be a member of the general assembly.
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 board shall designate a member 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 four members.
Six Four 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 may 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, 3702.81, 3702.89, and 3702.92 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

SCHOOLNET PLUS
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.
Appropriations
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
General Revenue Fund
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

NATIONAL GUARD BENEFITS
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.
STATE ACTIVE DUTY COSTS
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, 3702.81, 3702.89, and 3702.92 of the Revised Code.
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