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Sub. H. B. No. 544 As Reported by the House Finance and Appropriations CommitteeAs Reported by the House Finance and Appropriations Committee
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Representatives Hagan, R., Yates
A BILL
To amend sections 102.02, 183.021, 183.30, 183.33,
and 2151.87; to enact sections 3701.84 and
3701.841; to repeal
sections 183.03, 183.04,
183.05, 183.06, 183.061,
183.07, 183.08, 183.09,
and 183.10 of the Revised
Code; to repeal Section
3 of Am. S.B. 192 of the
127th General Assembly,
to repeal Section 4 of
S.B. 209 of the 127th
General Assembly, and to
repeal Section 205.10 of
Sub. S.B. 321 of the
126th General Assembly to
abolish the Tobacco Use
Prevention and Control
Foundation and transfer
certain powers of the
Foundation to the Department
of Health, to make
an appropriation, and to
declare an emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 102.02, 183.021, 183.30, 183.33,
and 2151.87 be amended and sections 3701.84 and 3701.841 of the
Revised Code be
enacted to read as follows:
Sec. 102.02. (A) Except as otherwise provided in division
(H) of this section, all of the following shall file with the
appropriate ethics commission the disclosure statement described
in this division on a form prescribed by the appropriate
commission: every person who is elected to or is a
candidate for a
state, county, or city office and every person who is
appointed to
fill a vacancy for an unexpired term in such an
elective office;
all members of the state board of education;
the
director,
assistant directors, deputy
directors, division chiefs,
or persons
of equivalent rank of any
administrative department of
the state;
the president or other
chief administrative officer of
every state
institution of higher
education as defined in section
3345.011 of
the Revised Code; the executive director and the members of the
capitol square review and advisory board appointed or employed
pursuant to section 105.41 of the Revised Code; the
chief
executive officer and the members of the board of each
state
retirement system; each employee of a state retirement board who
is a state retirement system investment officer licensed pursuant
to section 1707.163 of the Revised Code; the members of the Ohio
retirement study council appointed pursuant to division (C) of
section 171.01 of the Revised Code; employees of the Ohio
retirement study council, other than employees who perform purely
administrative or clerical functions; the administrator of
workers' compensation and each member of the bureau of workers'
compensation board of directors; the bureau of workers'
compensation director of investments; the chief investment officer
of the bureau of workers' compensation; the director appointed by
the workers' compensation council; all
members of the board of
commissioners
on grievances and
discipline of the supreme court
and the ethics
commission created
under section 102.05 of the
Revised Code; every
business manager,
treasurer, or superintendent
of a city, local,
exempted village,
joint vocational, or
cooperative education
school
district or an educational service
center; every person who
is elected
to or is a candidate for
the
office of member of a
board of education of a city, local,
exempted village, joint
vocational, or cooperative
education
school district or of a
governing board of an educational service
center that has a total
student count of twelve thousand or more
as most
recently
determined by the department of education
pursuant to section
3317.03
of
the Revised Code; every person who
is appointed to the
board of education
of a municipal school
district pursuant to
division (B) or
(F) of section 3311.71 of the
Revised Code; all
members of the board of
directors of a sanitary
district that is
established under Chapter 6115.
of the Revised
Code and organized
wholly for the purpose of providing a water
supply for
domestic,
municipal, and public use, and that includes
two municipal corporations
in two counties; every public official
or
employee who is paid a
salary or wage in accordance with
schedule C of section 124.15 or
schedule E-2 of section 124.152 of
the Revised Code; members of
the board
of trustees and the
executive director of the tobacco
use prevention and
control
foundation; members of the board of
trustees and the executive
director of the southern Ohio
agricultural and community
development
foundation;
and every
other public official or
employee
who is designated by the
appropriate ethics commission
pursuant to
division (B) of this
section.
The disclosure statement shall include all of the following:
(1) The name of the person filing the statement and each
member of the person's immediate family and all names under
which
the
person or members of the person's immediate family do
business;
(2)(a) Subject to divisions (A)(2)(b) and (c) of this
section
and except as otherwise provided in section 102.022 of
the
Revised
Code, identification of every source of income, other
than
income
from a legislative agent identified in division
(A)(2)(b)
of this
section, received during the preceding calendar
year, in
the
person's own name or by any other person for
the person's use
or
benefit, by the person filing the statement, and a brief
description of the nature of the services for which the income
was
received. If the person filing the statement is a member of
the
general assembly, the statement shall identify the amount of
every
source of income received in accordance with the following
ranges
of amounts: zero or more, but less than one thousand
dollars; one
thousand dollars or more, but less than ten thousand
dollars; ten
thousand dollars or more, but less than twenty-five
thousand
dollars; twenty-five thousand dollars or more, but less
than fifty
thousand dollars; fifty thousand dollars or more, but
less than
one hundred thousand dollars; and one hundred thousand
dollars or
more. Division (A)(2)(a) of this section shall not be
construed
to
require a person filing the statement who derives
income from a
business or profession to disclose the individual
items of income
that constitute the gross income of that business
or profession,
except for those individual items of income that
are attributable
to the person's or, if the income is shared with
the person, the
partner's, solicitation of services or goods or
performance,
arrangement, or facilitation of services or
provision of goods on
behalf of the business or profession of
clients, including
corporate clients, who are legislative agents. A person who
files
the
statement under this section shall disclose the
identity of
and
the amount of income received from a person
who
the public
official or employee knows or has reason to know is
doing or
seeking to do business of any kind with the public
official's or
employee's agency.
(b) If the person filing the statement is a member of the
general assembly, the statement shall identify every source of
income and the amount of that income that was received from a
legislative agent during the preceding calendar year, in the
person's
own name
or by
any other person for the person's use or
benefit, by the
person filing the
statement, and a brief
description of the nature
of the services
for which the income was
received. Division
(A)(2)(b) of this
section requires the
disclosure of clients of
attorneys or
persons licensed under
section 4732.12 of the Revised
Code, or
patients of persons
certified under section 4731.14 of
the
Revised Code, if those
clients or patients are legislative
agents.
Division (A)(2)(b) of
this section requires a person
filing the
statement who derives
income from a business or
profession to
disclose those individual
items of income that
constitute the
gross income of that business
or profession that
are received
from legislative agents.
(c) Except as otherwise provided in division (A)(2)(c) of
this section, division (A)(2)(a) of this section applies to
attorneys, physicians, and other persons who engage in the
practice of a profession and who, pursuant to a section of the
Revised Code, the common law of this state, a code of ethics
applicable to the profession, or otherwise, generally are
required
not to reveal, disclose, or use confidences of clients,
patients,
or other recipients of professional services except
under
specified circumstances or generally are required to
maintain
those types of confidences as privileged communications
except
under specified circumstances. Division (A)(2)(a) of this
section
does not require an attorney, physician, or other
professional
subject to a confidentiality requirement as
described in division
(A)(2)(c) of this section to disclose the
name, other identity, or
address of a client, patient, or other
recipient of professional
services if the disclosure would
threaten the client, patient, or
other recipient of professional
services, would reveal details of
the subject matter for which
legal, medical, or professional
advice or other services were
sought, or would reveal an otherwise
privileged communication
involving the client, patient, or other
recipient of professional
services. Division (A)(2)(a) of this
section does not require an
attorney, physician, or other
professional subject to a
confidentiality requirement as described
in division (A)(2)(c) of
this section to disclose in the brief
description of the nature
of services required by division
(A)(2)(a) of this section any
information pertaining to specific
professional services rendered
for a client, patient, or other
recipient of professional
services that would reveal details of
the subject matter for
which legal, medical, or professional
advice was sought or would
reveal an otherwise privileged
communication involving the
client, patient, or other recipient of
professional services.
(3) The name of every corporation on file with the
secretary
of state that is incorporated in this state or
holds a
certificate
of compliance authorizing it to do business in this
state, trust,
business trust, partnership, or association that
transacts
business in this state in which the person filing
the statement or
any other person for the person's use and
benefit had during
the
preceding calendar year an investment of over one thousand
dollars
at fair market value as of the thirty-first day of
December of the
preceding calendar year, or the date of
disposition, whichever is
earlier, or in which the person holds
any office or has a
fiduciary relationship, and a description of
the nature of the
investment, office, or relationship. Division
(A)(3) of this
section does not require
disclosure of the name of any bank,
savings and loan association, credit union, or building and loan
association with which the person filing the statement has a
deposit or a withdrawable share account.
(4) All fee simple and leasehold interests to which the
person filing the statement holds legal title to or a beneficial
interest in real property located within the state, excluding the
person's residence and property used primarily for personal
recreation;
(5) The names of all persons residing or transacting
business
in the state to whom the person filing the statement
owes, in the
person's own name or in the name of any other
person,
more
than
one thousand dollars. Division (A)(5)
of this section
shall not be
construed
to require the disclosure of debts owed by
the person
resulting
from the ordinary conduct of a business or
profession or
debts on
the person's residence or real property
used primarily
for
personal recreation, except that the
superintendent of
financial
institutions shall disclose the
names
of all
state-chartered savings and loan associations and of
all
service
corporations subject to regulation under division (E)(2)
of
section 1151.34 of the Revised Code to whom the superintendent
in
the superintendent's own name or in the name of any other
person
owes any money,
and that the superintendent and any deputy
superintendent of banks shall disclose the names of all
state-chartered
banks and all bank subsidiary corporations subject
to regulation
under section 1109.44 of the Revised Code to whom
the superintendent or deputy superintendent owes any money.
(6) The names of all persons residing or transacting
business
in the state, other than a depository excluded under
division
(A)(3) of this section, who owe more than one
thousand
dollars to
the person filing the statement, either in the
person's
own
name
or to any person for the person's use or benefit.
Division
(A)(6)
of this section
shall not be construed to require
the disclosure
of clients of
attorneys or persons licensed under
section 4732.12
or 4732.15 of
the Revised Code, or patients of
persons certified
under section
4731.14 of the Revised Code, nor
the disclosure of
debts owed to
the person resulting from the
ordinary conduct of a
business or
profession.
(7) Except as otherwise provided in section 102.022 of the
Revised Code, the source of each gift of over seventy-five
dollars, or of each gift of over twenty-five dollars received by
a
member of the general assembly from a legislative agent, received
by the person in the person's own name or by any
other person for
the person's use or benefit during the preceding calendar
year,
except
gifts received by will or by virtue of section 2105.06 of
the
Revised Code, or received from spouses, parents, grandparents,
children, grandchildren, siblings, nephews, nieces, uncles,
aunts,
brothers-in-law, sisters-in-law, sons-in-law,
daughters-in-law,
fathers-in-law, mothers-in-law, or any person
to whom the person
filing the statement stands in loco parentis,
or received by way
of distribution from any inter vivos or
testamentary trust
established by a spouse or by an ancestor;
(8) Except as otherwise provided in section 102.022 of the
Revised Code, identification of the source and amount of every
payment of expenses incurred for travel to destinations inside or
outside this state that is received by the person in the
person's
own name
or by any other person for the person's use or benefit
and
that is
incurred in connection with the person's official
duties, except
for expenses for travel to meetings or conventions
of a national
or state organization to which
any state agency,
including, but not limited to, any legislative agency or state
institution of
higher
education as defined in section
3345.011 of
the Revised
Code,
pays
membership dues, or any political
subdivision or any
office or
agency of a political subdivision
pays membership dues;
(9) Except as otherwise provided in section 102.022 of the
Revised Code, identification of the source of payment of expenses
for meals and other food and beverages, other than for meals and
other food and beverages provided at a meeting at which the
person
participated in a panel, seminar, or speaking engagement
or at a
meeting or convention of a national or state organization
to which
any state agency, including, but not limited to, any legislative
agency or
state institution of higher education as
defined in
section
3345.011 of the Revised Code,
pays membership dues, or
any
political subdivision or any
office or agency of a political
subdivision pays membership dues,
that are incurred in connection
with the person's official duties
and that exceed one hundred
dollars aggregated per calendar year;
(10) If the disclosure statement is filed by a
public
official or employee described in division (B)(2) of
section
101.73 of the Revised Code or division (B)(2) of section
121.63 of
the Revised Code who receives a statement from a
legislative
agent, executive agency lobbyist, or employer that
contains the
information described in division (F)(2) of section
101.73 of the
Revised Code or division (G)(2) of section 121.63
of
the Revised
Code, all of the nondisputed information contained
in
the
statement delivered to that public official or employee by
the
legislative agent, executive agency lobbyist, or employer
under
division (F)(2) of section 101.73 or (G)(2) of section
121.63 of
the Revised Code.
A person may file a statement required by this section in
person or by mail. A person who is a candidate for elective
office
shall file the statement no later than the thirtieth
day
before
the primary, special, or general election at which
the
candidacy
is to be voted on, whichever election occurs
soonest,
except that
a person who is a write-in candidate shall file the
statement no
later than the twentieth day before the earliest
election at which
the person's candidacy is to be voted on.
A
person who
holds
elective office shall file the statement on or
before
the
fifteenth day of April of each year unless the person
is a
candidate for
office. A person who is appointed to fill a
vacancy
for an
unexpired term in an elective office shall file the
statement
within fifteen days after the person qualifies for
office.
Other persons
shall file an annual statement on or before
the fifteenth day of
April or, if appointed or employed after that
date, within ninety
days after appointment or employment. No
person shall be
required to file with the appropriate ethics
commission more than
one statement or pay more than one filing fee
for any one
calendar year.
The appropriate ethics commission, for good cause, may
extend
for a reasonable time the deadline for filing a
statement under
this section.
A statement filed under this section is subject to public
inspection at locations designated by the appropriate ethics
commission except as otherwise provided in this section.
(B) The Ohio ethics commission, the joint legislative
ethics
committee, and the board of commissioners on grievances
and
discipline of the supreme court, using the rule-making
procedures
of Chapter 119. of the Revised Code, may require any
class of
public officials or employees under its jurisdiction and
not
specifically excluded by this section whose positions involve
a
substantial and material exercise of administrative discretion
in
the formulation of public policy, expenditure of public funds,
enforcement of laws and rules of the state or a county or city,
or
the execution of other public trusts, to file an annual
statement
on or before the fifteenth day of April under division
(A) of this
section. The appropriate ethics commission shall
send the public
officials or employees written notice of the
requirement by the
fifteenth day of February of each year the
filing is required
unless the public official or employee is
appointed after that
date, in which case the notice shall be sent
within thirty days
after appointment, and the filing shall be
made not later than
ninety days after appointment.
Except for disclosure
statements filed by members of the
board of trustees and the executive
director of the tobacco use
prevention and control foundation
and members of the
board of
trustees and the executive director of the southern Ohio
agricultural and community development foundation, disclosure
statements filed under this
division with the
Ohio ethics
commission by members of boards,
commissions, or
bureaus of the
state for which no compensation is
received other
than reasonable
and necessary expenses shall be
kept confidential. Disclosure
statements filed
with the Ohio
ethics commission under division
(A) of this
section by business
managers, treasurers, and
superintendents of
city, local, exempted
village, joint
vocational, or
cooperative education school
districts or
educational service centers shall be
kept
confidential, except
that any person conducting an audit of any
such school district
or
educational service center pursuant to
section 115.56 or Chapter
117.
of the Revised Code may examine the
disclosure statement of
any
business manager, treasurer, or
superintendent of that school
district or educational service
center. The Ohio ethics commission
shall
examine each disclosure
statement required to be kept
confidential to
determine whether a
potential conflict of interest
exists for the
person who filed the
disclosure statement. A
potential conflict
of interest exists if
the private interests of
the person, as
indicated by the person's
disclosure statement,
might
interfere with the
public interests
the person is required
to serve in the
exercise of the person's
authority and duties in
the person's office or position of
employment. If
the commission
determines that a potential
conflict of interest
exists, it shall
notify the person who filed
the disclosure
statement and shall
make the portions of the
disclosure statement
that indicate a
potential conflict of
interest subject to public
inspection in the
same manner as is
provided for other disclosure
statements. Any
portion of the
disclosure statement that the
commission determines
does not
indicate a potential conflict of
interest shall be kept
confidential by the commission and shall
not be made subject to
public inspection, except as is necessary
for the enforcement of
Chapters 102. and 2921. of the Revised
Code and except as
otherwise provided in this
division.
(C) No person shall knowingly fail to file, on or before
the
applicable filing deadline established under this section, a
statement that is required by this section.
(D) No person shall knowingly file a false statement that
is
required to be filed under this section.
(E)(1) Except as provided in divisions (E)(2) and (3) of
this
section,
the statement required
by division
(A) or (B) of
this
section shall be accompanied by a
filing fee of
forty dollars.
(2) The statement required by division (A) of this section
shall be accompanied by the following filing fee to be paid by the
person who
is elected or appointed to, or is a candidate for, any
of the
following offices:
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For state office, except member of the |
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state board of education |
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$65 |
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For office of member of general assembly |
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$40 |
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For county office |
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$40 |
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For city office |
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$25 |
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For office of member of the state board |
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of education |
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$25 |
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For office of member of a city, local, |
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exempted village, or cooperative |
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education board of |
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education or educational service |
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center governing board |
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$20 |
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For position of business manager, |
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treasurer, or superintendent of a |
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city, local, exempted village, joint |
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vocational, or cooperative education |
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school district or |
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educational service center |
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$20 |
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(3) No judge of a court of record or candidate for judge
of
a
court
of record, and no referee or magistrate serving a
court of
record, shall be required to pay the fee required under
division
(E)(1) or (2) or (F) of this section.
(4) For any public official who is appointed to a
nonelective
office of the state and for any employee who holds a
nonelective
position in a public agency of the state, the state
agency that is
the primary employer of the state official or
employee shall pay
the fee required under division (E)(1) or (F)
of this section.
(F) If a statement required to be filed under this section
is
not filed by the date on which it is required to be filed, the
appropriate ethics commission shall assess the person required to
file the statement a late filing fee of ten dollars for each day
the statement is not filed,
except that the total amount of the
late filing fee shall not
exceed two hundred fifty dollars.
(G)(1) The appropriate ethics commission other than the
Ohio
ethics commission shall deposit all fees it receives under
divisions (E) and (F) of this section into the general revenue
fund of the state.
(2) The Ohio ethics commission shall deposit all receipts,
including, but
not limited to, fees it
receives under divisions
(E) and (F) of this section and all
moneys it receives from
settlements under division (G) of section
102.06 of the Revised
Code, into the Ohio ethics commission fund,
which is hereby
created in the state treasury. All moneys
credited to the fund
shall be used solely for expenses related to
the operation and
statutory functions of the commission.
(H) Division (A) of this section does not apply to a
person
elected or appointed to the office of precinct, ward, or
district
committee member under Chapter 3517. of the Revised
Code; a
presidential elector; a delegate to a national
convention; village
or township officials and employees; any
physician or psychiatrist
who is paid a salary or wage in
accordance with schedule C of
section 124.15 or schedule E-2 of
section 124.152 of the Revised
Code and whose primary duties do
not require the exercise of
administrative discretion; or any
member of a board, commission,
or bureau of any county or city
who receives less than one
thousand dollars per year for serving
in that position.
Sec. 183.021. (A) No money from the tobacco master
settlement
agreement fund, as that fund existed prior to the
repeal of section 183.02 of the Revised Code by H.B. 119 of the
127th general assembly, shall be expended to do any of the
following:
(1) Hire an executive agency lobbyist, as defined under
section
121.60 of the Revised Code, or a legislative agent, as
defined
under section 101.70 of the Revised Code;
(2) Support or oppose candidates, ballot questions,
referendums,
or ballot initiatives.
(B) Nothing in this section prohibits any either of the
following
from
advocating on behalf of the specific objectives of
a program
funded under
this chapter:
(1) The members of the board of trustees, executive
director,
or
employees of the tobacco use prevention and control
foundation;
(2) The members of the board of trustees, executive
director,
or
employees of the southern Ohio agricultural and
community
development foundation;
(3)(2) The members or employees of the
third
frontier
commission
or the members of the third frontier advisory
board.
Sec. 183.30. (A)
Except as provided in division (D) of
this
section, no more than five per cent of the total
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)(C) of this section, no
more than five per cent of the total 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)(B)
Except as provided in division (D)(C) of this section,
no
more than five per cent of the total disbursements,
encumbrances, and obligations of the
biomedical
research and
technology transfer trust fund in a fiscal
year shall be for
expenses relating to the administration
of the trust fund by the
third frontier commission in the same fiscal year.
(D)(C) 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. 183.33. No money shall be appropriated or transferred
from
the general revenue fund to the tobacco use prevention and
cessation trust fund,
tobacco use
prevention and control
endowment fund, law enforcement
improvements trust fund, southern
Ohio agricultural and community
development trust fund, southern
Ohio agricultural and community
development foundation endowment
fund, Ohio's public health
priorities trust fund, biomedical
research and technology transfer
trust fund, education facilities
trust fund, or education technology trust fund. In addition,
no
money shall be otherwise appropriated or transferred from the
general revenue fund for the use of the tobacco use prevention and
control foundation.
Sec. 2151.87. (A) As used in this section:
(1)
"Cigarette" and
"tobacco product" have the same
meanings
as in section 2927.02 of the
Revised Code.
(2)
"Youth smoking education program" means a private or
public
agency program that is related to tobacco use, prevention,
and
cessation, that is carried out or funded by the tobacco use
prevention and control foundation department of health pursuant to
section 183.07 3701.84 of
the Revised Code, that utilizes
educational methods
focusing on
the negative health effects of
smoking and using tobacco products,
and that is
not more than
twelve hours in duration.
(B) No child shall do any of the following unless
accompanied
by
a parent,
spouse who is eighteen years of age or
older, or
legal guardian of the
child:
(1) Use, consume, or possess cigarettes, other tobacco
products, or papers used to roll cigarettes;
(2) Purchase or attempt to purchase cigarettes, other
tobacco
products, or papers used to roll cigarettes;
(3) Order, pay for, or share the cost of cigarettes,
other
tobacco products, or papers used to roll
cigarettes;
(4) Except as provided in division (E) of this section,
accept or
receive cigarettes, other tobacco products,
or papers
used to roll cigarettes.
(C) No child shall knowingly furnish false information
concerning that
child's name, age, or other identification for the
purpose of
obtaining cigarettes, other tobacco products, or papers
used to
roll cigarettes.
(D) A juvenile court shall not
adjudicate a child a
delinquent or unruly child for a violation of division
(B)(1),
(2), (3), or (4) or
(C) of this section.
(E)(1) It is not a
violation of division (B)(4) of
this
section for a child to accept or receive
cigarettes, other tobacco
products, or papers used to roll
cigarettes if the child is
required to do so in the
performance of the child's duties as an
employee of
that child's employer and the child's acceptance or
receipt of cigarettes, other tobacco products, or papers used to
roll cigarettes occurs exclusively within the scope of the
child's
employment.
(2) It is not a violation of division (B)(1), (2), (3), or
(4)
of this section if the child possesses, purchases or attempts
to purchase,
orders, pays for, shares the cost of, or accepts or
receives cigarettes, other tobacco products, or papers used to
roll cigarettes while participating in an inspection or compliance
check conducted by a federal, state, local, or corporate entity at
a location at which cigarettes, other tobacco products, or papers
used to roll cigarettes are sold or distributed.
(3) It is not a violation of division (B)(1) or (4) of this
section for a child to accept, receive, use, consume, or possess
cigarettes, other tobacco products, or papers used to roll
cigarettes while participating in a research protocol if all of
the following apply:
(a) The parent, guardian, or legal custodian of the child has
consented in writing to the child participating in the research
protocol.
(b) An institutional human subjects protection review board,
or an equivalent entity, has approved the research protocol.
(c) The child is participating in the research protocol at
the facility or location specified in the research protocol.
(F) If a juvenile court finds that a child
violated division
(B)(1), (2),
(3), or (4) or (C) of this section, the court may do
either or
both of the following:
(1) Require the child to attend a youth smoking education
program
or other smoking treatment program approved by the court,
if one is
available;
(2) Impose a fine of not more than one hundred dollars.
(G) If a child disobeys a juvenile court order issued
pursuant to
division (F) of this section, the court may do any or
all of the
following:
(1) Increase the fine imposed upon the child under division
(F)(2)
of this section;
(2) Require the child to perform not more than twenty hours
of
community service;
(3) Suspend for a period of thirty days the temporary
instruction
permit, probationary driver's license, or driver's
license issued to the
child.
(H) A child alleged or found to have violated division
(B)
or
(C)
of this section shall not be detained under any provision
of
this
chapter or any other provision of the Revised Code.
Sec. 3701.84. The department of health may prepare a plan to
reduce tobacco use by Ohioans, with
emphasis on reducing the use
of tobacco by youth, minority and regional
populations, pregnant
women, and others who may be
disproportionately affected by the
use of tobacco.
The plan may provide
for periodic surveys to
measure tobacco use and behavior toward tobacco
use by Ohioans. If
the department prepares a plan, copies of the
plan shall be
available to the public.
The plan may also describe youth tobacco consumption
prevention programs to be eligible for consideration for grants
from the
department and may set forth the criteria by which
applications for grants
for such programs will be considered by
the department. Programs eligible for
consideration may include:
(A) Media campaigns directed to youth to prevent underage
tobacco consumption;
(B) School-based education programs to prevent youth tobacco
consumption;
(C) Community-based youth programs involving youth tobacco
consumption prevention through general youth development;
(D) Retailer education and compliance efforts to prevent
youth
tobacco consumption;
(E) Mentoring programs designed to prevent or reduce tobacco
use
by students.
Pursuant to the plan, the department may carry out, or
provide
funding for private or public agencies to carry out,
research and
programs related to tobacco use prevention and
cessation. If the department provides such funding, the department
shall establish an objective process to determine which
research
and program proposals to fund. When appropriate,
proposals for
research shall be peer-reviewed. No program shall
be carried out
or funded by the department unless there is
research that
indicates that the program is likely to achieve the
results
desired. All research and programs funded by the
department shall
be goal-oriented and independently and
objectively evaluated
annually on whether it is meeting its goals.
The department shall
contract for such evaluations
and shall adopt rules under Chapter
119. of the Revised
Code regarding conflicts of interest in
the
research and programs it funds.
The department shall endeavor to coordinate its research and
programs with the efforts of other agencies of this state to
reduce
tobacco use by Ohioans. Any state agency that
conducts a
survey that measures tobacco use or behavior toward tobacco
use by
Ohioans shall share the results of the survey with the
department.
The department may adopt rules under Chapter 119. of the
Revised Code as necessary to implement this section.
Sec. 3701.841. The tobacco use prevention fund is hereby
created in the state treasury. The fund shall consist of money
deposited by the treasurer of state into the fund from the
liquidation, pursuant to Sub. H.B. 544 of the 127th general
assembly, of the former tobacco use prevention and control
endowment fund and any gifts, grants, or donations received by the
director of health for the purposes of the tobacco use prevention
fund. All investment earnings of the fund shall be credited to the
fund. The treasurer, in consultation with the director, may invest
moneys in the fund in accordance with section 135.143 of the
Revised Code. Moneys in the fund shall be used to pay outstanding
expenses of the former tobacco use prevention and control
foundation at the discretion of the director of health pursuant to
Sub. H.B. 544 of the 127th general assembly and shall be used in
accordance with section 3701.84 of the Revised Code.
Section 2. That existing sections 102.02, 183.021, 183.30,
183.33, and 2151.87 and sections 183.03, 183.04, 183.05, 183.06,
183.061, 183.07, 183.08, 183.09,
and 183.10 of the Revised Code
are hereby repealed.
Section 3. Upon the effective date of this section, the
Tobacco Use Prevention and Control Foundation is abolished.
No validation, cure, right, privilege, remedy, obligation, or
liability is lost or impaired by reason of the abolition of the
Foundation and any such matter shall be administered by the
Department of Health. No action
or proceeding pending on the
effective date of this act is
affected by the abolition of the
Foundation, and all such matters shall be
prosecuted or defended
in the name of the Department or
the Director of Health. In all
such actions and proceedings, the
Department or the Director,
upon application
to the court, shall be substituted as a party.
Section 4. Notwithstanding any provision of law to the
contrary, on the effective date of this section, the Treasurer of
State shall liquidate the Tobacco Use Prevention and Control
Foundation Endowment Fund created by section 183.08 of the Revised
Code in a prudent manner. The Treasurer of State shall deposit
into the state treasury to the credit of the Tobacco Use
Prevention Fund (Fund 5BX0), which is created in section 3701.841
of the Revised Code, the lesser
of $40 million or 14.8 per cent
of the proceeds from liquidation.
The Treasurer of State shall
deposit the remaining proceeds from
liquidation into the state
treasury to the credit of the Jobs Fund
(Fund 5Z30), which is
hereby created.
Section 5. All items in this act are hereby appropriated as
designated out of any moneys in the state treasury to the credit
of the Tobacco Use Prevention Fund (Fund 5BX0). For all
appropriations made in this act, those in the first column are for
fiscal year 2008 and those in the second column are for fiscal
year 2009. The appropriations made in this act are in addition to
any other appropriations made for the FY 2008 - FY 2009 biennium.
DOH DEPARTMENT OF HEALTH
Tobacco Use Prevention Fund
5BX0 |
440656 |
|
Tobacco Use Prevention |
|
$ |
40,000,000 |
|
$ |
0 |
|
|
TOTAL SSR State Special Revenue
| |
$ |
40,000,000 |
|
$ |
0 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
40,000,000 |
|
$ |
0 |
|
|
The foregoing appropriation item 440656, Tobacco Use
Prevention, may be used at the Director of Health's discretion to
pay outstanding expenses of the Tobacco Use Prevention and Control
Foundation. Any remaining
funds may be used by the Director of
Health to carry out functions
specified in section 3701.84 of the
Revised Code.
An amount equal to the unexpended, unencumbered portion of
the foregoing appropriation item 440656, Tobacco Use Prevention,
at the end of fiscal year 2008 is hereby reappropriated to the
Department of Health for the same purpose for fiscal year 2009.
Within the limits set forth in this act, the Director of
Budget and Management shall establish accounts indicating the
source and amount of funds for each appropriation made in this
act, and shall determine the form and manner in which
appropriation accounts shall be maintained. Expenditures from
appropriations contained in this act shall be accounted for as
though made in Am. Sub. H.B. 119 of the 127th General Assembly.
The appropriations made in this act are subject to all
provisions of Am. Sub. H.B. 119 of the 127th General Assembly that
are generally applicable to such appropriations.
Section 6. By December 31, 2008, the Director of Health shall
submit to the Governor, Speaker of the House of Representatives,
President of the Senate, and the chairs and ranking minority
members of the standing committees of the Senate and House of
Representatives with primary responsibility for health
legislation, a plan regarding management of the remaining moneys
in the Tobacco Use Prevention Fund (Fund 5BX0). The plan may
include a strategy for maintaining a portion of the fund for
investment and expending the earned income thereby creating a
long-term source of funding for tobacco use prevention and
cessation.
Section 7. On the effective date of this section, or as soon
thereafter as possible, the Director of Budget and Management
shall transfer the cash balance in the Tobacco Use Prevention and
Control Operating Expenses Fund
(Fund 5M80), to the Tobacco Use
Prevention Fund (Fund 5BX0). Upon
completion of the transfer, the
Tobacco Use Prevention and Control Operating Expenses Fund (Fund
5M80)
is abolished. The Director shall cancel any existing
encumbrances
against appropriation item 940601, Operating
Expenses, and
reestablish them against appropriation item 440656,
Tobacco Use
Prevention. The amounts of the reestablished
encumbrances are
hereby appropriated.
Section 8. That Section 3 of Am. S.B. 192 of the 127th
General Assembly is hereby repealed.
Section 9. That Section 4 of Sub. S.B. 209 of the 127th
General Assembly is hereby repealed.
Section 10. That Section 205.10 of Sub. S.B. 321 of the 126th
General Assembly is hereby repealed.
Section 11. This act is hereby declared to be an emergency
measure necessary for the immediate preservation of the public
peace, health, and safety. The reason for such necessity is to use
state funds in a manner that allows the Department of Health to
promote a reduction in tobacco use and to increase employment and
job security. Therefore, this act shall go into immediate effect.
|