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Sub. H. B. No. 500 As Passed by the SenateAs Passed by the Senate
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Representatives Flowers, Yuko, Letson, Stebelton, Stewart, D., Carmichael, Domenick, Bacon, Batchelder, Brown, Chandler, Collier, Combs, Dyer, Evans, Gerberry, Gibbs, Goyal, Harwood, Heard, Hite, Luckie, Lundy, McGregor, J., Raussen, Sayre, Schindel, Schneider, Setzer, Slesnick, Szollosi, Williams, B., Zehringer
Senators Fedor, Miller, R., Padgett, Turner, Goodman, Sawyer, Cates
A BILL
To amend sections 5703.21 and 5743.08 and to enact
sections
3739.01 to 3739.18, 3739.99, 4112.31,
and 4112.32 of
the
Revised
Code to establish
reduced ignition
propensity
standards for
cigarettes, to authorize
the State
Fire Marshal
to monitor and the
Attorney
General
and the
State Fire Marshal to
enforce such
standards, to
establish
penalties for
violations of such
standards, and to
establish a New African
Immigrants Commission
to advocate for the
development and implementation of policies
and
programs to address
the needs of the State's
sub-Saharan
African population.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 5703.21 and 5743.08 be amended and
sections
3739.01, 3739.02, 3739.03,
3739.04, 3739.05, 3739.06,
3739.07,
3739.08, 3739.09, 3739.10,
3739.11, 3739.12, 3739.13,
3739.14,
3739.15, 3739.16, 3739.17,
3739.18,
3739.99, 4112.31,
and 4112.32 of the
Revised
Code be enacted to read as
follows:
Sec. 3739.01. As used in this chapter:
(A) "Agent" means any person licensed by a county auditor or
the tax commissioner to purchase and affix adhesive or meter
stamps on packages of cigarettes pursuant to Chapter 5743. of the
Revised Code.
(B) "Brand family" means all styles of cigarettes sold under
the same trademark and differentiated from one another by means of
additional modifiers or descriptors, including, but not limited
to, "menthol," "lights," "kings," and "100s." "Brand family"
includes cigarettes sold under a brand name, whether that name is
used alone or in conjunction with any other word, trademark, logo,
symbol, motto, selling message, recognizable pattern of colors, or
other indicia of product identification identical or similar to,
or identifiable with, a previous brand of cigarettes.
(C)
"Cigarettes" has the same meaning as in
division (D)(1)
of section 1346.01 of the Revised Code but does
not include
"roll-your-own" cigarettes as defined in division
(D)(2) of that
section.
(D) "Manufacturer" means either of the following:
(1) Any entity or the entity's successor that, in any
location, manufactures or otherwise produces cigarettes, or causes
cigarettes to be manufactured or produced, that the entity intends
to be sold in this state, including, but not limited to,
cigarettes
intended to be sold in the United States through an
importer;
(2) Any entity or the entity's successor that meets both of
the following criteria:
(a) Purchases cigarettes, in any location, from a second
entity that manufactures or otherwise produces cigarettes in any
location when that second entity does not intend that the
cigarettes it manufactures be sold in the United States;
(b) Intends to resell the cigarettes described in division
(D)(2)(a) of this section in the United States.
(E) "Repeatability" means the range of values within which
ninety-five per cent of the results of cigarette test trials from
a single laboratory will fall.
(F) "Retail dealer" has the same meaning as in division
(C)(1) of section 5743.01 of the Revised Code.
(G) "Quality control and quality assurance program" means the
procedures a laboratory implements to ensure both of the
following:
(1) Operator bias, systematic and nonsystematic
methodological errors, and equipment-related problems do not
affect cigarette test results.
(2) Testing repeatability remains within the required
repeatability values for all test trials used by the laboratory to
certify cigarettes in accordance with this chapter and is not
greater than 0.19.
(H) "Sale" has the same meaning
as in section 5743.01 of the
Revised Code.
(I) "Wholesale dealer" means either of the following persons:
(1) A person, other than a manufacturer, who sells cigarettes
to retail dealers or other
persons for purposes of resale;
(2) A person who owns, operates, or maintains one or more
cigarette vending machines upon premises owned or occupied by any
other person.
Sec. 3739.02. Except as otherwise permitted in section
3739.12 of the Revised Code, no person shall sell or
offer to
sell
cigarettes in this state or sell or offer to sell
cigarettes to persons located in
this state unless all of the
following requirements are met:
(A) The manufacturer of the cigarettes has the cigarettes
tested in accordance with the testing method specified in section
3739.03 of the Revised Code or the testing method approved by the
state fire marshal under section 3739.04 of the Revised Code.
(B) The cigarettes meet the performance standard specified
under division (B) of section 3739.03 of the Revised Code or the
performance standard approved by the state fire marshal under
section 3739.04 of the Revised Code.
(C) The manufacturer has marked the packaging of the
cigarettes as required in section 3739.06 of the Revised Code.
(D) The manufacturer files a written certification with the
state fire marshal as required under section 3739.07 of the
Revised Code.
Sec. 3739.03. (A) A manufacturer shall have a laboratory
conduct the testing required under division (B) of this section.
The laboratory that the manufacturer uses for the testing shall be
accredited pursuant to the international organization for
standardization and international electrotechnical commission
standard 17025 of the international organization for
standardization, or another comparable accreditation standard
required by the state fire marshal. The laboratory shall implement
a quality control and quality assurance program and shall use that
program when conducting the testing required under division (B) of
this section.
(B) A manufacturer shall have the laboratory described in
division (A) of this section test the manufacturer's cigarettes in
accordance with all of the following requirements:
(1) The laboratory shall test the cigarettes in accordance
with the American society of testing and materials standard
E2187-04, titled "standard test method for measuring ignition
strength of cigarettes" or any subsequent standard adopted by the
state fire marshal in accordance with division (E) of this
section.
(2) The laboratory shall test the cigarettes on ten layers of
filter paper.
(3) Not more than twenty-five per cent of the cigarettes
tested in a test trial shall exhibit full-length burns.
(C) The performance standard required under division (B)(3)
of this section shall apply only to a complete test trial. For
purposes of this division and division (B)(3) of this section,
"test trial" means forty replicate tests for each type of
cigarette tested.
(D) The requirements described in division (B) of this
section shall not be construed to require additional cigarette
testing if a manufacturer tests cigarettes in accordance with the
requirements listed in that division for any other purposes other
than the purposes specified in that division.
(E) The state fire marshal may adopt any American society of
testing and materials standard used to measure the ignition
strength of cigarettes that takes effect after the effective date
of this section if the state fire marshal determines that that
subsequent standard does not result in a change in the percentage
of full-length burns exhibited by any tested cigarette when
compared to the percentage of full-length burns the same cigarette
would exhibit when tested using the American society of testing
and materials standard E2187-04 referenced in division (B)(1) of
this section and the performance standard specified in division
(B)(3) of this section.
Sec. 3739.04. (A) If a manufacturer manufactures a cigarette
that the state fire marshal determines cannot be tested in
accordance with division (B) of section 3739.03 of the Revised
Code, the state fire marshal shall require the manufacturer to
propose and submit a test method and performance standard for the
cigarette to the state fire marshal for approval. If the state
fire marshal determines that the test method and performance
standard proposed by
the manufacturer are equivalent to the test
method and performance standard
prescribed in division (B) of
section 3739.03 of the Revised
Code, the state fire marshal shall
approve the proposed test
method and performance standard, and
the manufacturer may use that
test method and performance
standard to certify the cigarettes
pursuant to section 3739.07 of
the Revised Code.
(B) If the state fire marshal determines that another state
has enacted reduced cigarette ignition propensity standards
that
include a test method and performance standard that are the
same
as those specified in section 3739.03 of the Revised Code and
that the officials responsible for implementing those standards
have determined that the alternative test method and performance
standard for a particular cigarette proposed by the manufacturer
under division (A) of this section satisfies the standards for
that state's law or regulation under a statute or regulation that
is comparable to this section, the state fire marshal shall
authorize the manufacturer to use that alternative test method and
performance standard to certify the manufacturer's cigarettes for
sale in this state. The state fire marshal is not required to
approve an alternative test method and performance standard
approved in another state if the state fire marshal demonstrates a
reasonable basis for why that alternative test method and
performance standard should not be approved under this section.
All other applicable requirements of this chapter apply to a
manufacturer authorized to use an alternative test method and
performance standard under this section.
Sec. 3739.05. (A) Each manufacturer shall maintain copies
of
the reports of all tests conducted on all cigarettes offered
for
sale in this state for a period of three years after a test
is
concluded, and shall make copies of these reports available to
the
state fire marshal and the attorney general upon receipt of a
written request from the state fire marshal or attorney general.
(B) No manufacturer shall fail to make these copies available
to the state fire marshal or attorney general within sixty days
after receiving such a request from the state fire marshal or the
attorney general.
Sec. 3739.06. (A) A manufacturer, shall
place a marking on
each package of cigarettes that is certified under section 3739.07
of the Revised Code. The marking shall be in eight-point
type or
larger, permanently printed, stamped, engraved, or embossed upon
the
cigarette package or cellophane wrap at or near the UPC code
on the package, and consist of only the letters "FSC" that
shall
signify "fire standards compliant."
(B) A manufacturer shall include the approved mark on each
package of cigarettes that is certified under section 3739.07 of
the Revised Code to indicate compliance with the requirements of
this chapter. A manufacturer shall use such marking for all of
the cigarettes the manufacturer sells and shall apply the marking
uniformly to all packages, including, but not limited to, packs,
cartons, cases, and brands sold by that manufacturer.
Sec. 3739.07. (A) Each manufacturer shall submit to the
state fire marshal a written certification that each type of
cigarette listed in the certification has been tested in
accordance with division (B) of section 3739.03 or section 3739.04
of the Revised Code and each type of cigarette listed in the
certification meets the performance standard set forth in division
(B) of section 3739.03 of the Revised Code or approved under
section 3739.04 of the Revised Code.
(B) A manufacturer shall include in the written certification
the manufacturer submits under division (A) of this section all of
the following information for each type of cigarette listed in the
certification:
(1) The brand or trade name on the cigarette package;
(2) The style of cigarette;
(3) The length of the cigarette in millimeters;
(4) The circumference of the cigarette in millimeters;
(5) The flavor of the cigarette, if applicable;
(6) Whether the cigarette is filter or nonfilter;
(7) A description of the package;
(8) The marking the manufacturer uses that the state fire
marshal approved in accordance with section 3739.06 of the Revised
Code;
(9) The name, address, and telephone number of the
laboratory, if different than the manufacturer, that conducted the
test of the cigarette;
(10) The date that the testing of the cigarette occurred.
(C) A manufacturer shall make the written certification
required under division (A) of this section available to the
attorney general and the tax commissioner for the purposes of
ensuring compliance with this chapter.
(D) No manufacturer shall submit a false certification to the
state fire marshal.
Sec. 3739.08. Each cigarette a manufacturer lists in a
certification submitted pursuant to section 3739.07 of the Revised
Code for which the manufacturer uses lowered permeability bands in
the cigarette paper to comply with the testing requirements
described in division (B) of section 3739.03 of the Revised Code
shall have either of the following bands surrounding the tobacco
column:
(A) For cigarettes on which bands are not positioned by
design, at least two nominally identical bands, one of which shall
be located at least fifteen millimeters from the lighting end of
the cigarette;
(B) For cigarettes on which bands are positioned by design,
at least two bands, one of which is located at least fifteen
millimeters from the lighting end of the cigarette and the other
of which is located in either of following places:
(1) For filtered cigarettes, ten millimeters from the filter
end of the tobacco column;
(2) For nonfiltered cigarettes, ten millimeters from the
labeled end of the tobacco column.
Sec. 3739.09. A manufacturer shall recertify each cigarette
the manufacturer certifies pursuant to section 3739.07 of the
Revised Code every three years. A manufacturer that certifies a
cigarette in accordance with that section and that subsequently
makes
any change to that cigarette that alters the cigarette in
such a
way that the manufacturer knows that the cigarette is
likely to no longer meet the standard specified in
section
3739.03 of the Revised Code or the standard approved under
section 3739.04 of the Revised Code shall not
sell or offer to
sell that cigarette in this state until the
manufacturer retests
the cigarette in accordance with the testing
standards specified
in section 3739.03 of the Revised Code or
approved under section
3739.04 of the Revised Code. The
manufacturer shall maintain
records of that retesting in the same
manner as the manufacturer
maintains records under section 3739.05
of the Revised Code. A
manufacturer shall not sell in this state
any altered cigarette
that does not meet either the performance
standard set forth in
division (B)(3) of section 3739.03 of the
Revised Code or the
performance standard approved under section
3739.04 of the
Revised Code.
Sec. 3739.10. A manufacturer that certifies its cigarettes
in accordance with section 3739.07 of the Revised Code shall
provide a copy of the certifications to each wholesale dealer and
agent to which the manufacturer sells cigarettes and shall provide
sufficient copies of an illustration of the package marking used
by the manufacturer pursuant to section 3739.06 of the Revised
Code for each retail dealer to which the wholesale dealer or agent
sells cigarettes. Each wholesale
dealer and agent who receives a
copy of a manufacturer's
certification and copies of the
manufacturer's illustration shall provide to each retail dealer to
which the
wholesale dealer and agent sell the manufacturer's
cigarettes
a copy of the illustration provided to the wholesale
dealer or agent
by the manufacturer. A wholesale dealer, agent,
or retail dealer shall allow the
state fire marshal, the tax
commissioner, and the attorney general
to inspect the markings of
cigarette packaging marked in
accordance with section 3739.06 of
the Revised Code.
Sec. 3739.11. The state fire marshal may conduct testing on
cigarettes certified by a manufacturer pursuant to section 3739.07
of the Revised Code to determine whether the manufacturer complied
with the requirements of this chapter. The state fire marshal
shall conduct any such testing in accordance with division (B) of
section 3739.03 of the Revised Code.
Whenever the state fire marshal or a designee of the state
fire marshal discovers any cigarettes that do not include a mark
as required under section 3739.06 of the Revised Code, or for
which
no certification has been filed in accordance with section
3739.07
of the Revised Code, the state
fire marshal or the state
fire marshal's designee may seize and
take possession of such
cigarettes and shall give such cigarettes
to the tax
commissioner, and such cigarettes thereupon shall be
forfeited to
the state. The tax commissioner shall order the
destruction of
any cigarettes forfeited pursuant to this section,
but prior to
the destruction of any cigarette forfeited pursuant
to this
section, the true holder of the trademark rights in the
cigarette
brand shall be permitted to inspect the cigarette.
In addition to any other remedy provided by law, if the state
fire marshal or attorney general determines that reasonable
evidence exists that a violation of this chapter has occurred, the
state
fire marshal or attorney general may file an action in the
court
of common pleas in the county where the alleged violation
occurred. The action may include a petition
for preliminary or
permanent injunctive relief against any manufacturer, importer,
wholesale dealer, retail dealer, agent, or any other person or
entity to enjoin such entity from selling, offering to sell, or
affixing tax stamps to any cigarette that does not comply with the
requirements of this chapter,
or a claim to recover any costs or
damages suffered
by the state because
a violation of this
chapter occurred,
including enforcement costs
relating to the
specific violation and
attorney's fees. Each
violation of this
chapter or the rules
adopted pursuant to it
constitutes a
separate civil violation for
which the state fire
marshal may
obtain
relief. Upon obtaining judgment for injunctive
relief
under this section, the state fire marshal shall provide a
copy
of the judgment to all wholesale dealers and agents to which
the
cigarette has been sold.
To enforce the requirements of this chapter, the state fire
marshal may examine the books, papers,
invoices, and other
business records of any person in possession
or control
of, or
occupying any premises where cigarettes are
placed, stored,
sold, or offered for sale, including the stock of
cigarettes on
the premises, if the state fire
marshal reasonably suspects that
a violation of this chapter has
occurred. Every person in the
possession or control
of, or
occupying any premises where
cigarettes are placed, sold,
or
offered for sale shall give to
the
state
fire marshal the means, facilities, and opportunity
for the
examinations authorized under this section.
The tax commissioner, in the regular course of conducting
inspections of wholesale dealers, agents, and retail dealers, as
authorized under section 5743.14 of the Revised Code, may inspect
any cigarette packaging to determine if the package is marked as
required under section 3739.06 of the Revised Code. If a package
containing cigarettes is not marked, the tax commissioner shall
notify the state fire marshal of this fact.
Sec. 3739.12. (A) Nothing in this chapter shall be construed
to prohibit any person or entity from manufacturing or selling
cigarettes that do not meet the requirements specified in this
chapter if the cigarette's packaging is or will be stamped for
sale in another state or is packaged for sale outside of the
United States, and that person or entity has taken reasonable
steps to ensure that those cigarettes will not be sold or offered
for sale to persons located in this state.
(B) The requirements of sections 3739.02 to 3739.10 of the
Revised Code shall not prohibit a wholesale dealer or retail
dealer of cigarettes from selling the dealer's inventory of
cigarettes in existence on or after the effective date of this
section if the dealer establishes both of the following:
(1) That the state tax stamps were affixed to the cigarettes
prior to the effective date of this section;
(2) That the inventory that was purchased prior to the
effective date of this section is comparable in quantity to the
inventory purchased during the same period of the prior year.
(C) Nothing in this chapter shall be construed to prohibit
the sale of cigarettes solely for the purpose of consumer testing.
For purposes of this division, "consumer testing" means an
assessment of cigarettes that is conducted by a manufacturer or
under the control and direction of a manufacturer for the purpose
of evaluating consumer acceptance of such cigarettes, utilizing
only the quantity of cigarettes that is reasonably necessary for
such assessment.
Sec. 3739.13. The implementation and substance of the New
York fire safety standards for cigarettes shall be persuasive
authority in implementing this chapter. The state fire marshal and
attorney general may
adopt rules, pursuant to Chapter 119. of the
Revised Code, as
necessary to administer this chapter. The tax
commissioner may adopt rules, pursuant to division (M) of section
5703.05 of the Revised Code and section 5703.14 of the Revised
Code, as necessary to enforce this chapter.
Sec. 3739.14. The state fire marshal shall periodically
evaluate the effectiveness of this chapter. The state fire marshal
shall submit a report that consists of the state fire marshal's
findings to the general assembly on the first day of the
forty-ninth month after
the effective date of this section, and
every three years after
that date.
Sec. 3739.15. Notwithstanding any provision of law to the
contrary, no political subdivision of this state may enact or
enforce any ordinance or other local law or regulation that
conflicts with or preempts this chapter or any policy of this
state expressed in this chapter.
Sec. 3739.16. No person is required to comply with this
chapter or the rules adopted pursuant to it if a federal reduced
cigarette ignition propensity standard that preempts this
chapter
or rules adopted under it is adopted and becomes
effective.
Sec. 3739.17. In addition to any other immunities, defenses,
and exclusions provided under the Revised Code, the state, the
department of taxation, the
department of commerce, the division
of the fire marshal within
the department of commerce, and any
employees of the state, either department, or
the division, are
immune from liability in any civil action or
proceeding arising
from the performance or nonperformance of any
duties specified in
this chapter that the state, either department,
the division, or
any employees of the state, either department, or
division are
required to perform. In no event shall the state, either
department, division, or any employees of the state, either
department,
or division be liable to any person for any claims
for injury or
damages, including, but not limited to, claims for
indirect,
consequential, incidental, special, or punitive damages
or claims
for lost profits, arising from the performance or
nonperformance
of the duties specified in this chapter that the
state, either
department, division, or employees of the state,
either department, or
division are required to perform.
Sec. 3739.18. (A) A manufacturer shall pay the state fire
marshal a fee of one thousand dollars or an adjusted fee
pursuant
to division (B) of this section for each type of brand family
included in a certification required under division (A) of
section 3739.07 of the Revised Code. The fee for each type of
brand family includes any new cigarette certified under this
chapter within that brand family during the three-year
certification period described in section 3739.09 of the Revised
Code.
(B) The state fire marshal may adjust the fee described in
division (A) of this section annually to ensure the fee is
sufficient to defray the actual costs of processing, testing,
enforcing, and overseeing the activities required under this
chapter. The fee as adjusted by the state fire marshal pursuant to
this division shall not exceed two thousand five hundred dollars
for each type of brand family.
(C) There is hereby created in the state treasury the reduced
cigarette ignition propensity and firefighter protection act
enforcement fund. The fund shall consist of all certification fees
submitted by manufacturers and any other moneys made available to
the state fire marshal specifically to support processing
certifications, testing, enforcing, and overseeing activities
conducted pursuant to this chapter. The state fire marshal shall
use the fund only for the activities specified in this division.
(D) There is hereby created in the state treasury the fire
prevention and public safety fund. Moneys collected from penalties
assessed under divisions (B) to (E) of section 3739.99 of the
Revised Code shall be deposited into the fund. The state fire
marshal shall use this fund to support fire safety and prevention
programs. If the department of taxation has expenses for the
storage or destruction of cigarettes as required by this chapter,
the state fire marshall also may use the fund to compensate the
department of taxation for those expenses.
Sec. 3739.99. (A) A manufacturer who violates division (B)
of section 3739.05 of the Revised Code shall be subject to a civil
penalty not to exceed ten thousand dollars for each day after the
sixtieth day that the manufacturer fails to comply with that
division.
(B) A manufacturer, wholesale dealer, agent, or any other
person other than a retail dealer who knowingly sells or offers to
sell cigarettes in violation of section 3739.02 of the Revised
Code is liable for a civil penalty not to
exceed one hundred
dollars per each pack of such cigarettes sold or offered for sale,
provided that in no case shall the penalty against any
such
person or entity exceed one hundred thousand dollars during
any
thirty-day period.
(C) A retail dealer who knowingly violates section 3739.02 of
the
Revised Code is liable for a civil
penalty not to exceed one
hundred dollars per each pack of cigarettes sold or offered
for
sale, provided that in no case shall the penalty against any
retail dealer exceed twenty-five thousand dollars for sales or
offers to sell during any thirty-day period.
(D) A manufacturer that is a corporation, partnership, sole
proprietorship, limited partnership, or association who knowingly
violates division (D) of section 3739.07 of the Revised Code is
liable for a civil penalty of at least
seventy-five thousand
dollars, not to
exceed two hundred fifty thousand dollars for
each such violation, in
addition to any other penalty prescribed
by law.
(E) Any person who violates any provision of this
chapter
other than section 3739.02, division (B) of section
3739.05, and
division (D) of section 3739.07 of the Revised Code,
for a first
offense is liable for a civil penalty not to
exceed one
thousand
dollars for each violation and for a
subsequent offense
is
liable for a civil penalty not to
exceed five thousand
dollars
for each violation.
Sec. 4112.31. The new African immigrants commission shall
do all of the following:
(A) Gather and disseminate information and conduct
hearings,
conferences, investigations, and special studies on
problems and
programs concerning sub-Saharan African people;
(B) Secure appropriate recognition of the accomplishments
and
contributions of sub-Saharan African people to this state;
(C) Stimulate public awareness of the problems of
sub-Saharan
African people by conducting a program of public
education;
(D) Develop, coordinate, and assist other public and
private
organizations that serve sub-Saharan African people,
including the
conducting of training programs for community
leadership and
service project staff;
(E) Advise the governor, general assembly, and state
departments and agencies of the nature, magnitude, and priorities
of the problems of sub-Saharan African people;
(F) Advise the governor, general assembly, and state
departments and agencies on, and assist in the development and
implementation of, comprehensive and coordinated policies,
programs, and procedures focusing on the special problems and
needs of sub-Saharan African people, especially in the fields of
education, employment, energy, health, housing, welfare, and
recreation;
(G) Propose new programs concerning sub-Saharan African
people to public and private agencies and evaluate for such
agencies existing programs or prospective legislation concerning
sub-Saharan African people;
(H) Review and approve grants to be made from federal,
state,
or private funds that are administered or subcontracted
by the
commission;
(I) Prepare, review, and approve an annual report;
(J) Serve as a clearinghouse to review and comment on all
proposals to meet the needs of sub-Saharan African people that are
submitted to it by public and private agencies;
(K) Apply for and accept grants and gifts from
governmental
and private sources to be administered by the commission
or
subcontracted to local agencies;
(L) Monitor and evaluate all programs subcontracted to
local
agencies by the commission;
(M) Endeavor to assure that sub-Saharan African people have
access to decision-making bodies in all state and local
governmental departments and agencies;
(N) Establish advisory committees on special subjects as
needed to facilitate and maximize community participation in the
operation of the commission;
(O) Establish with state and local governments and private
business and industry relationships that promote and assure equal
opportunity for sub-Saharan African people in government,
education,
and employment.
(P) Create an interagency council consisting of the following
persons or their authorized representatives: one member of the
senate
appointed by the president of the senate; one member of the
house of
representatives appointed by the speaker of the house of
representatives; the
directors of administrative services,
agriculture,
education, development, health, highway safety, job
and
family services, liquor
control, mental health, mental
retardation and developmental disabilities,
natural resources,
rehabilitation and correction, youth
services, transportation,
environmental protection, and budget and management;
the
chairperson of the
Ohio civil rights commission, the
administrators of the bureau of
workers'
compensation and the
rehabilitation services commission, and
an additional member of
the governor's cabinet appointed by the governor.
The
new African
immigrants commission, by rule, may designate other state
officers
or their representatives to be members of the council. The
director
of the commission
shall be the chairperson of the
council.
The interagency council shall provide and coordinate the
exchange of
information relative to the needs of sub-Saharan
African people and
promote the delivery of state services to such
people. The council shall meet
at the call of the chairperson.
Advisory committees shall be composed of
persons representing
community organizations and charitable
institutions, public
officials, and such other persons as the
commission determines.
Sec. 4112.32. There is hereby created the new African
immigrants commission
consisting of eleven members appointed by
the governor with the advice and
consent of the senate. The
speaker of the house of representatives shall recommend to the
governor two persons for appointment to the commission, the
president of the senate shall recommend to the governor two such
persons, and the minority leaders of the house and senate shall
each recommend to the governor one such person. The governor
shall
make initial appointments to the commission. Of the
initial
appointments made to the commission, three shall be for a
term
ending October 7, 2009, four shall be for a term ending
October 7,
2010, and four shall be for a term ending October 7,
2011.
Thereafter, terms of office shall be for three years, each
term
ending on the same day of the same month of the year as did
the
term which it succeeds. Each member shall hold office from
the
date of appointment until the end of the term for which
the member
was appointed. Vacancies shall be filled in the
same manner
as the
original appointment. Any member appointed to fill a
vacancy
occurring prior to the expiration of the term for which
the
member's predecessor was appointed shall hold office for
the
remainder
of such 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. At the first organizational
meeting of the commission,
the original eleven members shall draw
lots to determine the
length of the term each member shall serve.
All members of the commission shall
be of sub-Saharan African
origin, and shall be American citizens or
lawful, permanent,
resident aliens. Members shall be from urban,
suburban, and rural
geographical areas representative of
sub-Saharan African people
with a numerical and geographical balance
of the sub-Saharan
African population throughout the state.
The commission shall elect a chairperson,
vice-chairperson,
and other officers from among its members as it
considers
advisable. Six members constitute a quorum. The
commission shall
adopt rules governing its procedures. No action
of the commission
is valid without the concurrence of six
members.
Members shall not be compensated for work as members of the
commission.
Sec. 5743.08. Whenever the tax commissioner discovers any
cigarettes which are being shipped, or which have been shipped, or
transported in violation of section 2927.023 of the Revised Code,
or discovers cigarettes, subject to the taxes levied under section
5743.02, 5743.021,
5743.024, or 5743.026 of the Revised Code,
and
upon
which the
taxes have not been paid or that are held for sale
or distribution in violation of any other provision of this
chapter, the commissioner may seize and
take
possession of such
cigarettes, which shall thereupon be
forfeited
to the state, and
the commissioner, within a
reasonable time
thereafter shall sell
or destroy the
forfeited cigarettes. If the commissioner takes
possesssion of cigarettes seized pursuant to section 3739.11 of
the Revised Code, such cigarettes shall be forfeited to the state,
and the commissioner shall destroy such cigarettes, except prior
to the destruction of any such cigarettes, the true holder of the
trademark rights in the cigarette brand shall be permitted to
inspect the cigarettes. If the commissioner sells cigarettes under
this section, the commissioner shall use proceeds from the sale to
pay the costs incurred in the proceedings. Any proceeds remaining
after all costs have been paid shall be considered revenue arising
from the taxes levied under this chapter. Seizure and sale shall
not be deemed to
relieve any
person from the fine or imprisonment
provided for
violation of
sections 5743.01 to 5743.20 of the
Revised Code or from a civil penalty under section 3739.99 of the
Revised Code.
A sale shall
be made where it is
most convenient
and economical.
The
tax
commissioner may order the
destruction of
the forfeited
cigarettes
if the quantity or quality of the
cigarettes is not
sufficient to
warrant their sale.
Sec. 5703.21. (A) Except as provided in divisions (B) and
(C) of this section, no agent
of the department of taxation,
except in the agent's report to the department or when called on
to
testify in any court or proceeding, shall divulge any
information
acquired by the agent as to the transactions,
property, or business
of any person while acting or claiming to
act under orders of the
department. Whoever violates this
provision shall thereafter be
disqualified from acting as an
officer or employee or in any
other capacity under appointment or
employment of the department.
(B)(1) For purposes of an audit pursuant to section 117.15
of
the Revised Code, or an audit of the department pursuant to
Chapter 117. of the Revised Code, or an audit, pursuant to that
chapter, the objective of which is to express an opinion on a
financial report or statement prepared or issued pursuant to
division (A)(7) or (9) of section
126.21 of
the Revised Code, the
officers and employees of the auditor of state charged with
conducting the audit shall have access to and the right to
examine
any state tax returns and state tax return information in
the
possession of the department to the extent that the
access
and
examination are necessary for purposes of the audit. Any
information acquired as the result of that access and
examination
shall not be divulged for any purpose other than as required for
the audit or unless the officers and employees are required
to
testify in a court or proceeding under compulsion of legal
process. Whoever violates this provision shall thereafter be
disqualified from acting as an officer or employee or in any
other
capacity under appointment or employment of the auditor of
state.
(2) For purposes of an internal audit pursuant to section
126.45 of the Revised Code, the officers and employees of the
office of internal auditing in the office of budget and management
charged with conducting the internal audit shall have access to
and the right to examine any state tax returns and state tax
return information in the possession of the department to the
extent that the access and examination are necessary for purposes
of the internal audit. Any information acquired as the result of
that access and examination shall not be divulged for any purpose
other than as required for the internal audit or unless the
officers and employees are required to testify in a court or
proceeding under compulsion of legal process. Whoever violates
this provision shall thereafter be disqualified from acting as an
officer or employee or in any other capacity under appointment or
employment of the office of internal auditing.
(3) As provided by section 6103(d)(2) of the Internal
Revenue
Code, any federal tax returns or federal tax information
that the
department has acquired from the internal revenue
service, through
federal and state statutory authority, may be
disclosed to the
auditor of state or the office of internal auditing solely for
purposes of an audit
of the department.
(4) For purposes of Chapter 3739. of the Revised Code, an
agent of the department of taxation may share information with the
division of state fire marshal that the agent finds during the
course of an investigation.
(C) Division (A) of this section does not prohibit
any of
the
following:
(1) Divulging information contained in applications,
complaints, and
related documents filed with the department under
section 5715.27
of the Revised Code or in applications filed with
the department
under section 5715.39 of the Revised Code;
(2) Providing
information to the office of child support
within the department of job and family services pursuant to
section 3125.43 of the Revised
Code;
(3) Disclosing to the board of
motor vehicle collision
repair
registration any information
in the possession of the
department
that is necessary for the
board to
verify the existence
of an
applicant's valid vendor's license and
current state tax
identification number under section 4775.07 of the
Revised Code;
(4) Providing information to the administrator
of workers'
compensation pursuant
to sections 4123.271 and 4123.591 of the
Revised Code;
(5) Providing to the attorney general
information the
department obtains
under division (J) of section 1346.01 of the
Revised Code;
(6) Permitting properly authorized officers, employees, or
agents of a
municipal corporation from inspecting reports or
information pursuant to
rules adopted under section 5745.16 of the
Revised Code;
(7) Providing information regarding the name, account
number,
or business
address of a holder of a vendor's
license
issued
pursuant to section 5739.17 of the Revised Code, a holder
of a
direct payment permit issued pursuant to section 5739.031 of
the
Revised Code, or a seller having a use tax account maintained
pursuant to
section 5741.17 of the Revised Code, or information
regarding the active or inactive status of a vendor's license,
direct payment permit, or seller's use tax account;
(8) Releasing invoices or invoice information furnished under
section 4301.433 of
the Revised Code pursuant to
that section;
(9) Providing to a county auditor notices or documents
concerning or affecting the taxable value of property in the
county auditor's county. Unless authorized by law to disclose
documents so provided, the county auditor shall not disclose such
documents;
(10) Providing to a county auditor sales or use tax return or
audit information under section 333.06 of the Revised Code;
(11) Subject to section 4301.441 of the Revised Code,
disclosing to the appropriate state agency information in the
possession of the department of taxation that is necessary to
verify a permit holder's gallonage or noncompliance with taxes
levied under Chapter 4301. or 4305. of the Revised Code.
(12) Disclosing to the department of natural resources
information in the possession of the department that is necessary
to verify the taxpayer's compliance with division (A)(1), (8), or
(9) of section 5749.02 of the Revised Code.
Section 2. That existing sections 5703.21 and 5743.08 of the
Revised Code
are hereby repealed.
Section 3. Division (B) of section 3739.05, division (D) of
section 3739.07, and sections 3739.02, 3739.09, 3739.11, 3739.12,
and 3739.99 of the
Revised Code, as enacted by this act, shall
take effect on the
first day of the thirteenth month after the
effective date of
this act.
Section 4. Section 5703.21 of the Revised Code is
presented
in
this act as a composite of the section as amended by
both Am.
Sub. H.B. 562 and Sub. S.B. 150 of
the 127th General
Assembly.
The General Assembly, applying the
principle stated in
division
(B) of section 1.52 of the Revised
Code that amendments
are to be
harmonized if reasonably capable of
simultaneous
operation, finds
that the composite is the resulting
version of
the section in
effect prior to the effective date of
the section
as presented in
this act.
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