SENATORS Jacobson, White, Prentiss, Johnson, Oelslager, Spada, Harris, Randy Gardner, Hottinger, Mead, Robert Gardner, Wachtmann, Mumper, Jordan

To amend sections 145.321, 145.326, 145.3210, 175.21,

1

3307.693, 3307.695, 3307.698, 3309.371, 3309.376,

2

3309.3710, 3318.084, 4507.52, 4519.10, 5505.171,

3

and 5505.173, and to enact section 339.19 of the

4

Revised Code and to amend Sections 13.04, 28.02,

5

41, 41.10, 44.02, 44.12, 56, 56.01, 63, 63.09,

6

63.10, 63.11, 63.15, 63.36, 63.37, and 96 of Am.

7

Sub. H.B. 94 of the 124th General Assembly to

8

change a scheduled deputy registrar fee increase

9

relative to duplicate or replacement identification

10

cards from $3.75 to $2.75, to make other

11

budget-related corrections, to provide for the

12

continued operation of any county tuberculosis

13

hospital that existed on the effective date of Sub.

14

S.B. 173 of the 123rd General Assembly, to permit a

15

school district to apply a "local donation

16

contribution" toward a total or partial offset of

17

its obligation to raise maintenance money, to

18

return the imputed occupancy percentage for a

19

nursing home's or ICF-MR's indirect care costs for

20

fiscal 2003 from 87% to 85%, to require the

21

Department of Job and Family Services to use money

22

in the Nursing Facility Stabilazation Fund to pay

23

nursing facilities an amount equal to $1.50 per

24

Medicaid day for fiscal years 2002 and 2003, to

25

make an appropriation, and to declare an emergency.

26

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 145.321, 145.326, 145.3210, 175.21,	27
3307.693, 3307.695, 3307.698, 3309.371, 3309.376, 3309.3710,	28
3318.084, 4507.52, 4519.10, 5505.171, and 5505.173 be amended and	29
section 339.19 of the Revised Code be enacted to read as follows:	30

Sec. 145.321.  On and after October 1, 1957, all persons in	31
receipt of, or who are or become eligible to receive, a monthly	32
allowance, pension, or other benefit effective prior to June 29,	33
1955, which is payable or becomes payable pursuant to the	34
provisions of sections 145.33 to 145.36 and 145.46 of the Revised	35
Code, or an allowance payable at any time under an option elected	36
by a member and effective prior to that date, shall be paid an	37
increased allowance, pension, or benefit as follows:	38

(A) An amount determined by increasing the original	39
allowance, pension, or benefit by the following percentages as	40
determined by the calendar year in which the allowance, pension,	41
or benefit became effective:	42

(B) If the amount of any allowance, pension, or other	62
benefit is increased by division (A) of this section to an amount	63
less than one hundred ten per cent of the present amount payable	64
immediately prior to October 1, 1957, the present amount shall be	65
increased by ten per cent.	66

(C) On and after August 1, 1959 the monthly allowance,	67
pension, or other benefit effective prior to June 29, 1955,	68
(exclusive of any amount receivable monthly by reason of a	69
voluntary deposit made for additional annuity), together with the	70
supplemental allowance payable pursuant to divisions (A) and (B)	71
of this section, shall be increased by twelve per cent.	72

(D) Effective November 1, 1965, the allowances of each	73
person who retired on or before June 30, 1955 and is receiving age	74
and service or disability benefits under sections 145.32, 145.33,	75
145.34, and 145.36 of the Revised Code shall be increased by one	76
hundred twenty dollars annually, notwithstanding the final average	77
salary limitations in division (F)(A)(6) of section 145.33 and	78
division (B) of section 145.36 of the Revised Code.	79

(E) Effective November 1, 1965, the allowances of each	80
person who retired after June 30, 1955 and on or before October	81
31, 1965 and is receiving age and service ofor disability	82
benefits under sections 145.32, 145.33, 145.34, and 145.36 of the	83
Revised Code shall be increased by one hundred twenty dollars	84
annually, which when added to the allowance in effect on October	85
31, 1965, shall not exceed the final average salary limitations	86
found in division (F)(A)(6) of section 145.33 and division (B) of	87
section 145.36 of the Revised Code, except that the increase shall	88
not be less than seventy-two dollars annually.	89

(F) Beginning November 1, 1965, the monthly benefit payable	90
under section 145.45 of the Revised Code shall be increased six	91
dollars for each survivor beneficiary receiving a benefit on	92
October 31, 1965 and for each successor to such benefit.	93

For the purposes of this section: (1) The total increase	94
payable per month on or after November 1, 1965 to a retirant or	95
beneficiary from one or more state systems shall not exceed the	96
ten dollar increase as provided in this division, and (2) in all	97
cases involving combined membership and service as provided for	98
under section 145.37 of the Revised Code, only those cases which	99
are being paid by the public employees retirement system shall be	100
calculated under the provisions of this section.	101

On or before August 1, 1982, and on or before the first day	102
of August in each year thereafter, the public employees retirement	103
board shall certify to the treasurer of state the amount required	104
to be paid in the preceding fiscal year under divisions (A) and	105
(B) of this section. Upon receipt of this certification, the	106
treasurer of state shall pay the amount certified. The amount	107
received by the public employees retirement board shall be	108
credited to the proper fund from which such additional payments	109
are paid.	110

Sec. 145.326.  On and after December 31, 1971, all persons	111
who retired and were eligible to receive a pension that was	112
payable prior to July 1, 1968, pursuant to section 145.33, 145.34,	113
or 145.36 of the Revised Code, or in the event of the death of	114
such persons, the person designated by the deceased to receive	115
payments under section 145.46 of the Revised Code, shall receive	116
an additional monthly payment of two dollars for each year between	117
the member's effective date of retirement or disability and	118
December 31, 1971, or an additional fifty dollars, whichever is	119
less. On or before the first day of August in 1980 and on or	120
before the first day of August in each year thereafter, the public	121
employees retirement board shall certify to the treasurer of state	122
the amount required to be paid in the preceding fiscal year under	123
this section. Upon receipt of such certification, the treasurer	124
of state shall pay to the public employees retirement system the	125
amount certified.	126

Sec. 145.3210.  (A) Effective July 1, 1981, each person	127
eligible to receive an allowance, pension, or benefit pursuant to	128
sections 145.33, 145.34, 145.36, 145.37, division (A) of section	129
145.45, and section 145.46 of the Revised Code, that was based	130
upon an award made effective before July 1, 1974, shall have his	131
the person's monthly allowance, pension, or benefit increased by	132
five per cent, except that the twelve-month sum of such increases	133
shall not exceed five per cent of the first five thousand dollars	134
of the annual allowance, pension, or benefit.	135

(B) Effective July 1, 1981, each person receiving or	136
qualified to receive a benefit, pursuant to division (B) of	137
section 145.45 of the Revised Code, that was effective on and	138
after June 14, 1951, through August 26, 1970, shall receive an	139
increase in such benefit of five per cent.	140

(C) The increases provided in divisions (A) and (B) of this	141
section shall be applied to the benefit payable on and after July	142
1, 1981.	143

(D) The increase in the monthly allowance, pension, or	144
benefit provided in divisions (A) and (B) of this section shall be	145
included in the calculation of additional benefits to recipients	146
under section 145.323 of the Revised Code.	147

(E) The benefits provided in divisions (A) and (B) of this	148
section are a continuation of those first provided in Am. Sub.	149
H.B. 204 as passed by the 113th general assembly.	150

(F) On or before the first day of August, 1982, and on or	151
before the first day of August in each year thereafter, the public	152
employees retirement board shall certify to the treasurer of state	153
the amount needed to pay the cost of the additional payments	154
required under this section for the preceding fiscal year. Upon	155
receipt of these certifications, the treasurer of state shall pay	156
the amount certified.	157

Sec. 175.21.  (A) The low- and moderate-income housing trust	158
fund is hereby created in the state treasury. The fund shall	159
consist of all appropriations, grants, gifts, loan repayments, and	160
contributions of money made from any source to the department of	161
development for the fund. All investment earnings of the fund	162
shall be credited to the fund. The director of development shall	163
allocate a portion of the money in the fund to an account of the	164
Ohio housing finance agency. The department shall administer the	165
fund. The agency shall use money allocated to it in the fund for	166
implementing and administering its programs and duties under	167
sections 175.22 and 175.24 of the Revised Code, and the department	168
shall use the remaining money in the fund for implementing and	169
administering its programs and duties under sections 175.22 to	170
175.25 of the Revised Code. Use of all money in the fund is	171
subject to the following restrictions: forty-five per cent of the	172
amount of funds awarded during any one fiscal year shall be used	173
to make grants and loans to nonprofit organizations under section	174
175.22 of the Revised Code, not less than forty-fivefifty per	175
cent of the amount of funds awarded during any one fiscal year	176
shall be used to make grants and loans for activities that will	177
provide housing and housing assistance to families and individuals	178
in rural areas and small cities that would not be eligible to	179
participate as a participating jurisdiction under the "HOME	180
Investment Partnerships Act," 104 Stat. 4094 (1990), 42 U.S.C.	181
12701 note, 12721, no more than sixfive per cent of the money in	182
the fund shall be used for administration, and no money in the	183
fund shall be used to pay for any legal services other than the	184
usual and customary legal services associated with the acquisition	185
of housing. Except as otherwise provided by the director under	186
division (B) of this section, money in the fund may be used as	187
matching money for federal funds received by the state, counties,	188
municipal corporations, and townships for the activities listed in	189
section 175.22 of the Revised Code.	190

(B) If after the second quarter of any year it appears to	191
the director that the full amount of the money in the low- and	192
moderate-income housing trust fund designated in that year for	193
activities that will provide housing and housing assistance to	194
families and individuals in rural areas and small cities under	195
division (A) of this section will not be so used, the director may	196
reallocate all or a portion of that amount for other housing	197
activities. In determining whether or how to reallocate money	198
under this division, the director may consult with and shall	199
receive advice from the housing trust fund advisory committee.	200

Sec. 339.19. Notwithstanding the amendment of sections	201
339.38, 339.39, 339.42, and 339.43 of the Revised Code, the repeal	202
of sections 339.20, 339.21, 339.22, 339.23, 339.231, 339.24,	203
339.25, 339.26, 339.27, 339.28, 339.29, 339.30, 339.31, 339.32,	204
339.33, 339.34, 339.35, 339.36, 339.37, 339.40, 339.41, 339.45,	205
339.46, and 339.99 of the Revised Code, and any other changes made	206
by Substitute Senate Bill No. 173 of the 123rd general assembly	207
relative to the establishment, maintenance, and operation of a	208
county tuberculosis hospital, a county tuberculosis hospital that	209
was operating under those sections on the effective date of that	210
act, October 10, 2000, may continue to exist and operate on and	211
after that date as though the provisions of those sections were	212
neither amended nor repealed and had remained in full force and	213
effect.	214

Sec. 3307.693.  On and after October 1, 1957, all persons in	215
receipt of, or who are or become eligible to receive, a monthly	216
allowance, pension, or other benefit effective prior to June 29,	217
1955, which is payable or becomes payable pursuant to the	218
provisions of former sections 3307.26, 3307.38, 3307.43, and	219
3307.50 of the Revised Code, or an allowance payable at any time	220
under an option elected by a member and effective prior to that	221
date, shall be paid an increased allowance, pension, or benefit as	222
follows:	223

(A) An amount determined by increasing the original	224
allowance, pension, or benefit by the following percentages as	225
determined by the calendar year in which the allowance, pension,	226
or benefit became effective:	227

(B) If the amount of any such allowance, pension, or other	247
benefit is increased by division (A) of this section to an amount	248
less than one hundred ten per cent of the present amount payable	249
immediately prior to October 1, 1957, such present amount shall be	250
increased by ten per cent.	251

(C) On and after August 1, 1959, the monthly allowance,	252
pension, or other benefit effective prior to June 29, 1955,	253
(exclusive of any amount receivable monthly by reason of a	254
voluntary deposit made for additional annuity, or for purchase of	255
out-of-state credit on or after June 25, 1945), together with the	256
supplemental allowance payable pursuant to divisions (A) and (B)	257
of this section, shall be increased by twelve per cent.	258

(D) Effective November 1, 1965, the allowances of all	259
persons who retired before June 30, 1955, and who are receiving	260
benefits as of October 31, 1965, except those granted under former	261
section 3307.49 of the Revised Code, shall be increased ten	262
dollars per month, notwithstanding the seventy-five per cent final	263
average salary limitation in former section 3307.38 of the Revised	264
Code and the sixty per cent final average salary limitation in	265
former section 3307.43 of the Revised Code.	266

(E) Effective November 1, 1965, the allowances of all	267
persons who retired on or after June 30, 1955, and who are	268
receiving benefits as of October 31, 1965, except those granted	269
under former section 3307.49 of the Revised Code, but including	270
allowances payable at any time under an option elected by a	271
member, shall be increased by ten dollars per month, which when	272
added to the allowance in effect on October 31, 1965, shall not	273
exceed the seventy-five per cent final average salary limitation	274
in former section 3307.38 of the Revised Code or the sixty per	275
cent final average salary limitation in former section 3307.43 of	276
the Revised Code, provided that the increase shall not be less	277
than six dollars per month.	278

(F) Beginning November 1, 1965, the monthly benefit payable	279
under division (C)(2) of former section 3307.49 of the Revised	280
Code shall be increased six dollars for each survivor beneficiary	281
receiving a benefit on October 31, 1965, and for each successor to	282
such benefit. Beginning November 1, 1965, all survivor	283
beneficiaries receiving benefits as of October 31, 1965, under	284
division (C)(1) of former section 3307.49 of the Revised Code	285
shall be increased six dollars per month.	286

On or before August 1, 1982, and on or before the first day	287
of August in each year thereafter, the state teachers retirement	288
board shall certify to the treasurer of state the amount required	289
to be paid in the preceding fiscal year under divisions (A) and	290
(B) of this section. Upon receipt of this certification, the	291
treasurer of state shall pay the amount certified. The amount	292
received by the state teachers retirement board shall be credited	293
to the proper fund from which such additional payments are paid.	294

Sec. 3307.695.  On and after December 31, 1971, all persons	295
who retired and were eligible to receive a pension that was	296
payable prior to July 1, 1968, pursuant to former section 3307.38	297
or 3307.43 of the Revised Code, or in the event of the death of	298
such persons, the person designated by the deceased to receive	299
payments under former section 3307.50 of the Revised Code, shall	300
receive an additional monthly payment of two dollars for each year	301
between the member's effective date of retirement or disability	302
and December 31, 1971, or an additional fifty dollars, whichever	303
is less. On or before the first day of August in 1980 and on or	304
before the first day of August in each year thereafter, the state	305
teachers retirement board shall certify to the treasurer of state	306
the amount required to be paid in the preceding fiscal year under	307
this section. Upon receipt of such certification, the treasurer	308
of state shall pay to the state teachers retirement system the	309
amount certified.	310

Sec. 3307.698.  (A) Effective July 1, 1981, each person	311
eligible to receive an allowance, pension, or benefit pursuant to	312
former sections 3307.38, 3307.41, 3307.43, division (C)(1) of	313
former section 3307.49, and former section 3307.50 of the Revised	314
Code that was based upon an award made effective before July 1,	315
1974, shall have the person's monthly allowance, pension, or	316
benefit increased by five per cent, except that the twelve-month	317
sum of such increases shall not exceed five per cent of the first	318
five thousand dollars of the annual allowance, pension, or	319
benefit.	320

(B) Effective July 1, 1981, each person receiving or	321
qualified to receive a benefit, pursuant to division (C)(2) of	322
former section 3307.49 of the Revised Code, that was effective on	323
and after June 14, 1951, through August 26, 1970, shall receive an	324
increase in such benefit of five per cent.	325

(C) The increases provided in divisions (A) and (B) of this	326
section shall be applied to the benefit payable on and after July	327
1, 1981.	328

(D) The increase in the monthly allowance, pension, or	329
benefit provided in divisions (A) and (B) of this section shall be	330
included in the calculation of additional benefits to recipients	331
under section 3307.67 of the Revised Code.	332

(E) The benefit provided in divisions (A) and (B) of this	333
section is a continuation of those first provided in Am. Sub. H.B.	334
204 as passed by the 113th general assembly.	335

(F) On or before the first day of August 1982, and on or	336
before the first day of August in each year thereafter, the state	337
teachers retirement board shall certify to the treasurer of state	338
the amounts needed to pay the cost of the additional payments	339
required under this section for the preceding fiscal year. Upon	340
receipt of these certifications, the treasurer of state shall pay	341
the amount certified.	342

Sec. 3309.371.  On and after October 1, 1957, all persons in	343
receipt of, or who are or become eligible to receive, a monthly	344
allowance, pension, or other benefit effective prior to June 29,	345
1955, which is payable or becomes payable pursuant to sections	346
3309.36 to 3309.38, 3309.40, and 3309.65 of the Revised Code, or	347
an allowance payable at any time under an option elected by a	348
member and effective prior to that date, shall be paid an	349
increased allowance, pension, or benefit as follows:	350

(A) An amount determined by increasing the original	351
allowance, pension, or benefit by the following percentages as	352
determined by the calendar year in which the allowance, pension,	353
or benefit became effective:	354

(B) If the amount of any such allowance, pension, or other	374
benefit is increased by division (A) of this section to an amount	375
less than one hundred ten per cent of the present amount payable	376
immediately prior to octoberOctober 1, 1957, such present amount	377
shall be increased by ten per cent.	378

(C) On and after August 1, 1959, the monthly allowance,	379
pension, or other benefit effective prior to June 29, 1955,	380
(exclusive of any amount receivable monthly by reason of a	381
voluntary deposit made for additional annuity), together with the	382
supplemental allowance payable pursuant to divisions (A) and (B)	383
of this section, shall be increased by twelve per cent.	384

On or before August 1, 1982, and on or before the first day	385
of August in each year thereafter, the school employees retirement	386
board shall certify to the treasurer of state the amount required	387
to be paid in the preceding fiscal year under divisions (A) and	388
(B) of this section. UPon receipt of this certification, the	389
treasurer of state shall pay the amount certified. The amount	390
received by the school employees retirement board shall be	391
credited to the proper fund from which such additional payments	392
are paid.	393

Sec. 3309.376.  On and after December 31, 1971, all persons	394
who retired and were eligible to receive a pension that was	395
payable prior to July 1, 1968, pursuant to section 3309.36,	396
3309.38, or 3309.40 of the Revised Code, or in the event of the	397
death of such persons, the person designated by the deceased to	398
receive payments under section 3309.46 of the Revised Code, shall	399
receive an additional monthly payment of two dollars for each year	400
between the member's effective date of retirement or disability	401
and December 31, 1971, or an additional fifty dollars, whichever	402
is less. On or before the first day of August in 1980 and on or	403
before the first day of August in each year thereafter, the school	404
employees retirement board shall certify to the treasurer of state	405
the amount required to be paid in the preceding fiscal year under	406
this section. Upon receipt of such certification, the treasurer	407
of state shall pay to the school employees retirement system the	408
amount certified.	409

Sec. 3309.3710.  (A) Effective July 1, 1981, each person	410
eligible to receive an allowance, pension, or benefit pursuant to	411
sections 3309.35, 3309.36, 3309.38, 3309.40, division (A) of	412
section 3309.45, and section 3309.46 of the Revised Code that was	413
based upon an award made effective before July 1, 1974, shall have	414
histhe person's monthly allowance, pension, or benefit increased	415
by five per cent, except that the twelve-month sum of such	416
increases shall not exceed five per cent of the first five	417
thousand dollars of the annual allowance, pension, or benefit.	418

(B) Effective July 1, 1981, each person receiving or	419
qualified to receive a benefit, pursuant to division (B) of	420
section 3309.45 of the Revised Code, that was effective on and	421
after June 14, 1951, through August 26, 1970, shall receive an	422
increase in such benefit of five per cent.	423

(C) The increases provided in divisions (A) and (B) of this	424
section shall be applied to the benefit payable on and after July	425
1, 1981.	426

(D) The increase in the monthly allowance, pension, or	427
benefit provided in divisions (A) and (B) of this section shall be	428
included in the calculation of additional benefits to recipients	429
under section 3309.374 of the Revised Code.	430

(E) The benefits provided in divisions (A) and (B) of this	431
section are a continuation of those first provided in Am. Sub.	432
H.B. 204 as passed by the 113th general assembly.	433

(F) On or before the first day of August, 1982, and on or	434
before the first day of August in each year thereafter, the school	435
employees retirement board shall certify to the treasurer of state	436
the amount needed to pay the cost of the additional payments	437
required under this section for the preceding fiscal year. Upon	438
receipt of these certifications, the treasurer of state shall pay	439
the amount certified.	440

Sec. 3318.084. (A) Notwithstanding anything to the contrary	441
in Chapter 3318. of the Revised Code, a school district board may	442
apply any local donated contribution toward theeither or both of	443
the following:	444

(1) The district's portion of the basic project cost of a	445
project under sections 3318.01 to 3318.20 of the Revised Code and	446
may use such local donated contribution to reduce the amount of	447
bonds the district otherwise must issue in order to receive state	448
assistance under those sections;	449

(2) An offset of all or part of a district's obligation to	450
levy the tax described in division (B) of section 3318.05 of the	451
Revised Code, which shall be applied only in the manner prescribed	452
in division (B) of this section.	453

(B) No school district board shall apply any local donated	454
contribution under division (A)(2) of this section unless the Ohio	455
school facilities commission first approves that application.	456

Upon the request of the school district board to apply	457
local donated contribution under division (A)(2) of this section,	458
the commission in consultation with the department of taxation	459
shall determine the amount of total revenue that likely would be	460
generated by one-half mill of the tax described in division (B) of	461
section 3318.05 of the Revised Code over the entire	462
twenty-three-year period required under that section and shall	463
deduct from that amount any amount of local donated contribution	464
that the board has committed to apply under division (A)(2) of	465
this section. The commission then shall determine in consultation	466
with the department of taxation the rate of tax over twenty-three	467
years necessary to generate the amount of a one-half mill tax not	468
offset by the local donated contribution. Notwithstanding	469
anything to the contrary in section 3318.06, 3318.061, or 3318.361	470
of the Revised Code, the rate determined by the commission shall	471
be the rate for which the district board shall seek elector	472
approval under those sections to meet its obligation under	473
division (B) of section 3318.05 of the Revised Code. In the case	474
of a complete offset of the district's obligation under division	475
(B) of section 3318.05 of the Revised Code, the district shall not	476
be required to levy the tax otherwise required under that section.	477
At the end of the twenty-three-year period of the tax required	478
under division (B) of section 3318.05 of the Revised Code, whether	479
or not the tax is actually levied, the commission in consultation	480
of the department of taxation shall recalculate the amount that	481
would have been generated by the tax if it had been levied at	482
one-half mill. If the total amount actually generated over that	483
period from both the tax that was actually levied and any local	484
donated contribution applied under division (A)(2) of this section	485
is less than the amount that would have been raised by a one-half	486
mill tax, the district shall pay any difference. If the total	487
amount actually raised in such manner is greater than the amount	488
that would have been raised by a one-half mill tax the difference	489
shall be zero and no payments shall be made by either the district	490
or the commission.	491

(C) As used in this section, "local donated contribution"	492
means either of the following:	493

(A)(1) Any moneys irrevocably donated or granted to a school	494
district board by a source other than the state which the board	495
has the authority to apply to the school district's project under	496
sections 3318.01 to 3318.20 of the Revised Code and which the	497
board has pledged for that purpose by resolution adopted by a	498
majority of its members;	499

(B)(2) Any irrevocable letter of credit issued on behalf of	500
a school district or any cash a school district has on hand,	501
including any year-end operating fund balances, that can be spent	502
for classroom facilities, either of which the school district	503
board has encumbered for payment of the school district's share of	504
its project under sections 3318.01 to 3318.20 of the Revised Code	505
and either of which has been approved by the Ohio school	506
facilities commission in consultation with the department of	507
education.	508

(D) No state moneys shall be released for a project to which	509
this section applies until any local donated local contribution	510
authorized under this section is first deposited into the school	511
district's project construction fund, if applied under division	512
(A)(1) of this section, or into the district's capital and	513
maintenance fund if applied under division (A)(2) of this section.	514

Sec. 4507.52.  Each identification card issued by the	515
registrar of motor vehicles or a deputy registrar shall display a	516
distinguishing number assigned to the cardholder, and shall	517
display the following inscription:	518

"STATE OF OHIO IDENTIFICATION CARD

519

This card is not valid for the purpose of operating a motor	520
vehicle. It is provided solely for the purpose of establishing	521
the identity of the bearer described on the card, who currently is	522
not licensed to operate a motor vehicle in the state of Ohio."	523

The identification card shall display substantially the same	524
information as contained in the application and as described in	525
division (A)(1) of section 4507.51 of the Revised Code, including	526
the cardholder's social security number unless the cardholder	527
specifically requests that the cardholder's social security number	528
not be displayed on the card. If federal law requires the	529
cardholder's social security number to be displayed on the	530
identification card, the social security number shall be displayed	531
on the card notwithstanding a request to not display the number	532
pursuant to this section. The identification card also shall	533
display the color photograph of the cardholder. If the cardholder	534
has executed a durable power of attorney for health care or a	535
declaration governing the use or continuation, or the withholding	536
or withdrawal, of life-sustaining treatment and has specified that	537
the cardholder wishes the identification card to indicate that the	538
cardholder has executed either type of instrument, the card also	539
shall display any symbol chosen by the registrar to indicate that	540
the cardholder has executed either type of instrument. The card	541
shall be sealed in transparent plastic or similar material and	542
shall be so designed as to prevent its reproduction or alteration	543
without ready detection.	544

The identification card for persons under twenty-one years of	545
age shall have characteristics prescribed by the registrar	546
distinguishing it from that issued to a person who is twenty-one	547
years of age or older, except that an identification card issued	548
to a person who applies no more than thirty days before the	549
applicant's twenty-first birthday shall have the characteristics	550
of an identification card issued to a person who is twenty-one	551
years of age or older.	552

Every identification card issued to a resident of this state	553
shall expire, unless canceled or surrendered earlier, on the	554
birthday of the cardholder in the fourth year after the date on	555
which it is issued. Every identification card issued to a	556
temporary resident shall expire in accordance with rules adopted	557
by the registrar and is nonrenewable, but may be replaced with a	558
new identification card upon the applicant's compliance with all	559
applicable requirements. A cardholder may renew the cardholder's	560
identification card within ninety days prior to the day on which	561
it expires by filing an application and paying the prescribed fee	562
in accordance with section 4507.50 of the Revised Code.	563

If a cardholder applies for a driver's or commercial driver's	564
license in this state or another licensing jurisdiction, the	565
cardholder shall surrender the cardholder's identification card to	566
the registrar or any deputy registrar before the license is	567
issued.	568

If a card is lost, destroyed, or mutilated, the person to	569
whom the card was issued may obtain a duplicate by doing both of	570
the following:	571

(A) Furnishing suitable proof of the loss, destruction, or	572
mutilation to the registrar or a deputy registrar;	573

(B) Filing an application and presenting documentary	574
evidence under section 4507.51 of the Revised Code.	575

Any person who loses a card and, after obtaining a duplicate,	576
finds the original, immediately shall surrender the original to	577
the registrar or a deputy registrar.	578

A cardholder may obtain a replacement identification card	579
that reflects any change of the cardholder's name by furnishing	580
suitable proof of the change to the registrar or a deputy	581
registrar and surrendering the cardholder's existing card.	582

When a cardholder applies for a duplicate or obtains a	583
replacement identification card, the cardholder shall pay a fee of	584
two dollars and fifty cents. A deputy registrar shall be allowed	585
an additional fee of threetwo dollars and seventy-five cents	586
commencing on July 1, 2001, three dollars and twenty-five cents	587
commencing on January 1, 2003, and three dollars and fifty cents	588
commencing on January 1, 2004, for issuing a duplicate or	589
replacement identification card. A disabled veteran who is a	590
cardholder and has a service-connected disability rated at one	591
hundred per cent by the veterans' administration may apply to the	592
registrar or a deputy registrar for the issuance of a duplicate or	593
replacement identification card without payment of any fee	594
prescribed in this section, and without payment of any lamination	595
fee if the disabled veteran would not be required to pay a	596
lamination fee in connection with the issuance of an	597
identification card or temporary identification card as provided	598
in division (B) of section 4507.50 of the Revised Code.	599

A duplicate or replacement identification card shall expire	600
on the same date as the card it replaces.	601

The registrar shall cancel any card upon determining that the	602
card was obtained unlawfully, issued in error, or was altered. The	603
registrar also shall cancel any card that is surrendered to the	604
registrar or to a deputy registrar after the holder has obtained a	605
duplicate, replacement, or driver's or commercial driver's	606
license.	607

No agent of the state or its political subdivisions shall	608
condition the granting of any benefit, service, right, or	609
privilege upon the possession by any person of an identification	610
card. Nothing in this section shall preclude any publicly	611
operated or franchised transit system from using an identification	612
card for the purpose of granting benefits or services of the	613
system.	614

No person shall be required to apply for, carry, or possess	615
an identification card.	616

(C) Except in regard to an identification card issued to a	617
person who applies no more than thirty days before the applicant's	618
twenty-first birthday, neither the registrar nor any deputy	619
registrar shall issue an identification card to a person under	620
twenty-one years of age that does not have the characteristics	621
prescribed by the registrar distinguishing it from the	622
identification card issued to persons who are twenty-one years of	623
age or older.	624

Sec. 4519.10.  (A) The purchaser of an off-highway	625
motorcycle or all-purpose vehicle, upon application and proof of	626
purchase, may obtain a temporary license placard for it. The	627
application for such a placard shall be signed by the purchaser of	628
the off-highway motorcycle or all-purpose vehicle. The temporary	629
license placard shall be issued only for the applicant's use of	630
the off-highway motorcycle or all-purpose vehicle to enable the	631
applicant to operate it legally while proper title and a	632
registration sticker are being obtained and shall be displayed on	633
no other off-highway motorcycle or all-purpose vehicle. A	634
temporary license placard issued under this section shall be in a	635
form prescribed by the registrar of motor vehicles, shall differ	636
in some distinctive manner from a placard issued under section	637
4503.182 of the Revised Code, shall be valid for a period of	638
thirty days from the date of issuance, and shall not be	639
transferable or renewable. The placard either shall consist of or	640
be coated with such material as will enable it to remain legible	641
and relatively intact despite the environmental conditions to	642
which the placard is likely to be exposed during the thirty-day	643
period for which it is valid. The purchaser of an off-highway	644
motorcycle or all-purpose vehicle shall attach the temporary	645
license placard to it, in a manner prescribed by rules the	646
registrar shall adopt, so that the placard numerals or letters are	647
clearly visible.	648

The fee for a temporary license placard issued under this	649
section shall be two dollars. If the placard is issued by a	650
deputy registrar, the deputy registrar shall charge an additional	651
fee of two dollars and seventy-five cents commencing on July 1,	652
2001, three dollars and twenty-five cents commencing on January 1,	653
2003, and three dollars and fifty cents commencing on January 1,	654
2004, which the deputy registrar shall retain. The deputy	655
registrar shall transmit each two-dollar fee received by the	656
deputy registrar under this section to the registrar, who shall	657
pay the two dollars to the treasurer of state for deposit into the	658
state bureau of motor vehicles fund established by section 4501.25	659
of the Revised Code.	660

(B) The registrar may issue temporary license placards to a	661
dealer to be issued to purchasers for use on vehicles sold by the	662
dealer, in accordance with rules prescribed by the registrar. The	663
dealer shall notify the registrar within forty-eight hours of	664
proof of issuance on a form prescribed by the registrar.	665

The fee for each such placard issued by the registrar to a	666
dealer shall be two dollars plus a fee of two dollars and	667
twenty-fiveseventy-five cents commencing on July 1, 2001, three	668
dollars and twenty-five cents commencing on January 1, 2003, and	669
three dollars and fifty cents commencing on January 1, 2004.	670

Sec. 5505.171.  (A) All persons who retired and were	671
eligible to receive a pension that was payable prior to July 1,	672
1968, pursuant to division (A)(1) of section 5505.17 or division	673
(B)(1) of section 5505.18 of the Revised Code, shall receive an	674
additional monthly payment of two dollars for each year between	675
the member's effective date of retirement or disability and	676
December 31, 1971, or an additional fifty dollars, whichever is	677
less.	678

On or before the first day of August in 1981 and on or before	679
the first day of August in each year thereafter, the state highway	680
patrol retirement board shall certify to the treasurer of state	681
the amount required to be paid in the preceding fiscal year under	682
this division. Upon receipt of such certification, the treasurer	683
of state shall pay to the state highway patrol retirement system	684
the amount certified.	685

(B) Each person who retired and was eligible to receive a	686
pension, other than a reduced pension, that was payable prior to	687
the effective date of this amendmentJune 30, 2000, pursuant to	688
division (A) or (B) of section 5505.16 or division (B) of section	689
5505.18 of the Revised Code shall have the pension recalculated by	690
the board so that the person receives a monthly pension of not	691
less than one thousand fifty dollars. Any pension increase	692
resulting from a recalculation made under this division shall be	693
included in the calculation of the additional benefit paid under	694
section 5505.174 of the Revised Code.	695

(C) The pension of each person who is receiving a pension	696
pursuant to division (B) of section 5505.16 of the Revised Code on	697
June 5, 1996, of less than nine hundred dollars per month shall be	698
increased to nine hundred dollars per month. Any increase under	699
this division shall be included in the calculation of the	700
additional benefit paid under section 5505.174 of the Revised	701
Code.	702

Sec. 5505.173.  (A) Effective July 1, 1981, each person	703
eligible to receive an age and service or disability pension,	704
allowance, or benefit pursuant to Chapter 5505. of the Revised	705
Code, that was based upon an award made effective before October	706
1, 1974, shall have histhe person's monthly pension increased by	707
five per cent of the first five thousand dollars of the annual	708
pension, allowance, or benefit.	709

(B) Effective July 1, 1981, each person eligible to receive	710
a survivor's benefit pursuant to Chapter 5505. of the Revised Code	711
that was based upon an award made effective before July 1, 1981,	712
shall have histhe person's monthly benefit increased by five per	713
cent, except that the twelve-month sum of such increases shall not	714
exceed five per cent of the first five thousand dollars of the	715
annual benefit.	716

(C) The increases provided in divisions (A) and (B) of this	717
section shall be applied to the benefit payable on and after July	718
1, 1981.	719

(D) The benefits provided in divisions (A) and (B) of this	720
section are a continuation of those first provided in Am. Sub. H.	721
B. 204 as passed by the 113th general assembly.	722

(E) On or before the first day of August in 1982, and on or	723
before the first day of August in each year thereafter, the state	724
highway patrol retirement board shall certify to the treasurer of	725
state the amounts needed to pay the cost of the additional	726
payments required under this section for the preceding fiscal	727
year. Upon receipt of these certifications, the treasurer of	728
state shall pay the amount certified.	729

Section 2. That existing sections 145.321, 145.326, 145.3210,	730
175.21, 3307.693, 3307.695, 3307.698, 3309.371, 3309.376,	731
3309.3710, 3318.084, 4507.52, 4519.10, 5505.171, and 5505.173 of	732
the Revised Code are hereby repealed.	733

Section 3. That Sections 13.04, 28.02, 41, 41.10, 44.02,	734
44.12, 56, 56.01, 63, 63.09, 63.10, 63.11, 63.15, 63.36, 63.37,	735
and 96 of Am. Sub. H.B. 94 of the 124th General Assembly be	736
amended to read as follows:	737

"       Sec. 13.04. MINORITY AFFAIRS

738

The foregoing appropriation item 100-451, Minority Affairs,	739
shall be used to establish minority affairs programs within the	740
Equal Opportunity Division. The office shall provide an access	741
point and official representation to multi-cultural communities;	742
research and reports on multi-cultural issues; and educational,	743
governmental, and other services that foster multi-cultural	744
opportunities and understanding in the state of Ohio.	745

On July 1, 2001, or as soon as possible thereafter, the	746
Director of Administrative Services shall certify to the Director	747
of Budget and Management the unencumbered and unexpended cash	748
balance within GRF appropriation item 100-451, Minority Affairs,	749
for the completion of the predicate study. This amount is hereby	750
appropriated.	751

Sec. 28.02. TRANSFER OFINCREASES IN GRF FUNDSAPPROPRIATIONS	752
TO THE DEPARTMENT OF DEVELOPMENT	753

TheIf the director determines that unspent and unobligated	754
cash balances in the General Revenue Fund are sufficient to do so,	755
the Director of Budget and Management, at the request of the	756
Director of Development, may transferincrease by up to $25	757
million in unobligated, unspent GRF appropriations over the	758
biennium toappropriations in existing GRF appropriation items or	759
new appropriation items created by the Director of Budget and	760
Management for the Department of Development to support GRF-funded	761
economic development projects for which appropriations would not	762
otherwise be available. The amounts transferredSuch increases are	763
hereby appropriated.	764

COAL RESEARCH AND DEVELOPMENT FUND

765

Notwithstanding sections 1555.08 and 1555.15 of the Revised	766
Code, on July 1, 2001, or as soon as possible thereafter, the	767
Director of Budget and Management shall transfer all cash in the	768
Coal Research and Development Fund (Fund 046), which represents	769
investment earnings of that fund previously credited to that fund,	770
to the General Revenue Fund.	771

Sec. 41. DEV DEPARTMENT OF DEVELOPMENT

772

General Revenue Fund

773

General Services Fund Group

810

Federal Special Revenue Fund Group

816

State Special Revenue Fund Group

833

Facilities Establishment Fund

850

Coal Research/Development Fund

858

Sec. 41.10. EMERGENCY SHELTER HOUSING GRANTS

865

(A) As used in this section, "emergency shelter housing"	866
means a structure suitable for the temporary housing of the	867
homeless and the provision of, or referral to, supportive	868
services. Shelters that restrict admission to victims of domestic	869
violence, runaways, or alcohol or substance abusers shall not be	870
considered emergency shelter housing.	871

(B) The foregoing appropriation item 195-440, Emergency	872
Shelter Housing Grants, shall be used by the Office of Housing and	873
Community Partnerships in the Department of Development to make	874
grants to private, nonprofit organizations to provide emergency	875
shelter housing for the homeless. The department shall distribute	876
the grants pursuant to rules adopted by the Director of	877
Development. The director may amend or rescind the rules and may	878
adopt other rules necessary to implement this section. In awarding	879
grants, the department shall give preference to organizations	880
applying to fund existing emergency shelter housing.	881

The department shall notify each organization that applied	882
for a grant under this section of the amount of its grant award,	883
if any. To receive a grant, the organization shall provide	884
matching funds equal to 50 per cent of the total grant it was	885
awarded. The organization shall expend its grant for shelter	886
operations and supportive services, which include employment	887
assistance, case management, information and referral services,	888
transportation, and clothing. In providing employment assistance,	889
the organization shall, at a minimum, refer persons to the	890
Department of Job and Family Services.	891

LOW AND MODERATE INCOME HOUSING

892

The Director of Budget and Management, after consulting with	893
the Director of Development, shall transfer up to $19,000,000 from	894
appropriation item 195-441, Low and Moderate Income Housing, to	895
appropriation item 195-638, Low and Moderate Income Housing Trust	896
Fund. This transfer shall be made via an intrastate transfer	897
voucher.	898

UTILITY BILL CREDIT

899

The foregoing appropriation item 195-505, Utility Bill	900
Credits, shall be used to provide utility and fuel assistance to	901
eligible low-income Ohio households with elderly and disabled	902
members.	903

TANF HOUSING PROGRAM

904

There is hereby established the TANF Housing Program to be	905
administered by the Department of Development in accordance with	906
an interagency agreement entered into with the Department of Job	907
and Family Services under section 5101.801 of the Revised Code.	908
The program shall provide benefits and services to TANF eligible	909
individuals under a Title IV-A program pursuant to the	910
requirements of section 5101.801 of the Revised Code.	911

The foregoing appropriation item 195-619, TANF Housing	912
Program, shall be used to provide supportive services for	913
low-income families related to housing or homelessness, including	914
housing counseling; to provide grants to nonprofit organizations	915
to assist Title IV-A eligible families with incomes at or below	916
200 per cent of the federal poverty guidelines with down-payment	917
assistance for homeownership or down-payment assistance toward the	918
purchase of mobile homes, to provide emergency home repair funding	919
for Title IV-A eligible families with incomes at or below 200 per	920
cent of the federal poverty guidelines; to provide operating	921
support for family emergency shelter programs; and to provide	922
emergency rent and mortgage assistance for families with incomes	923
at or below 200 per cent of the federal poverty guidelines. The	924
funds shall not be used to match federal funds.	925

To the extent practicable and in order to prevent duplication	926
of the provision of assistance, the Department of Development	927
shall require applicants for these funds to provide evidence of	928
collaboration with other county governmental entities, including,	929
when appropriate, county job and family services departments.	930

The Department of Job and Family Services shall transfer into	931
the TANF Housing Fund (3X3) of the Department of Development,	932
which is hereby created, funds necessary to reimburse allowable	933
TANF Housing Program expenditures as reported by the Department of	934
Development. The transfer of funds shall be made by intrastate	935
transfer vouchers processed against appropriation item 600-689,	936
TANF Block Grant, of the Department of Job and Family Services and	937
shall not exceed $5,200,000 in fiscal year 2002 and $6,500,000 in	938
fiscal year 2003.	939

No more than five per cent of the transferred funds may be	940
used by the Department of Development for the administrative	941
expenses of this program.	942

The benefits and services provided under the TANF Housing	943
Program shall not be "assistance" as defined in 45 C.F.R.	944
260.31(a), and shall be benefits and services that 45 C.F.R.	945
260.31(b) excludes from the definition of assistance.	946

As used in this section, "federal poverty guideline" means	947
the poverty guideline as defined by the United States Office of	948
Management and Budget and revised by the United States Secretary	949
of Health and Human Services in accordance with section 673 of the	950
"Community Services Block Grant Act," 95 Stat. 511 (1981), 42	951
U.S.C.A. 9902, as amended.	952

Sec. 44.02.  HEAD START

953

the Director of Budget and Management shall transfer	954
$76,156,175 from Fund 3W6, TANF Education, to the General Revenue	955
Fund. the Director of Budget and Management shall transfer	956
$98,843,825 from Fund 3W6, TANF Education, to the General Revenue	957
Fund. The transferred funds are appropriated for the appropriation	958
item 200-406, Head Start. The foregoing appropriation item	959
200-406, Head Start, includes transferred funds of $76,156,175 in	960
fiscal year 2002 and $98,843,825 in fiscal year 2003.	961

Of the foregoing appropriation item 200-406, Head Start,	962
$100,000 per fiscal year shall be used for the Read Baby Read Book	963
Club Program.	964

ThePursuant to the interagency agreement entered into	965
between the Department of Education and the Department of Job and	966
Family Services under division (A)(2) of section 5101.801 of the	967
Revised Code, the remainder of foregoing appropriation item	968
200-406, Head Start, shall be distributed by the Department of	969
Education to Head Start agencies. A "Head Start agency" means an	970
entity that has been approved to be an agency in accordance with	971
Section 641 (42 U.S.C. 9836) of the Head Start Act and amendments	972
thereto, or an entity designated for state Head Start funding	973
under this section. Participation in state-funded Head Start	974
programs is voluntary.	975

Moneys distributed under this heading shall not be used to	976
reduce expenditures from funds received by a Head Start agency	977
from any other sources. Section 3301.31 of the Revised Code does	978
not apply to funds distributed under this heading. In lieu of	979
section 3301.31 of the Revised Code, distribution of moneys under	980
this heading shall be as follows:	981

(A) In fiscal years 2002 and 2003, up to two per cent of the	982
appropriation may be used by the department for administrative	983
costs of complying with this section; developing program capacity;	984
and assisting programs with facilities planning, construction,	985
renovation, or lease agreements in combination with the Community	986
Development Finance Fund (CDFF). Up to $1,530,000 in fiscal year	987
2002 and up to $1,560,600 in fiscal year 2003 may be used for the	988
services of literacy specialist and training in early literacy for	989
Head Start classroom teachers and administrators to support the	990
OhioReads Initiative.	991

(B) The department shall provide an annual report to the	992
Governor, the Speaker of the House of Representatives, the	993
President of the Senate, the State Board of Education, Head Start	994
grantees, and other interested parties. The report shall include	995
the following:	996

(1) The number and per cent of eligible children by county	997
and by grantee;	998

(2) The amount of state funds received for continuation per	999
grantee;	1000

(3) A summary of program performance on the state critical	1001
performance indicators;	1002

(4) A summary of developmental progress of children	1003
participating in the state-funded Head Start program;	1004

(5) Any other data reflecting the performance of Head Start	1005
that the department considers pertinent.	1006

(C) For purposes of this section, "eligible child" means a	1007
child who is at least three years of age and not of compulsory	1008
school age whose family earns no more than 100 per cent of the	1009
federal poverty level, except as otherwise provided in this	1010
division.	1011

The Department of Education, in consultation with Head Start	1012
grantees or their designated representatives, shall establish	1013
criteria under which individual Head Start grantees may apply to	1014
the department for a waiver to include as "eligible children"	1015
those children from families earning up to 185 per cent of the	1016
federal poverty level when the children otherwise qualify as	1017
"eligible children" under this division.	1018

In order to serve children whose families receive child care	1019
subsidy and whose incomes do not exceed 185 per cent of the	1020
federal poverty guidelines, Head Start grantees may enroll	1021
children whose families receive child care subsidy from the Ohio	1022
Department of Job and Family Services. Head Start grantees	1023
providing full-day, full-year comprehensive services, or otherwise	1024
meeting the child care needs of working families, may partner with	1025
child care centers or family day care homes or may access child	1026
care subsidy directly. This provision is to meet the child care	1027
needs of low-income families who are working, in training or	1028
education programs, or participating in Ohio Works First appproved	1029
approved activities.	1030

(D) After setting aside amounts to make any payments due	1031
from the prior fiscal year, pursuant to the interagency agreement,	1032
in fiscal years 2002 and 2003, funds shall only be distributed to	1033
recipients of Head Start funds during the preceding fiscal year.	1034
Awards under this division shall be based on a per-pupil formula	1035
prescribed by the Department of Education and may be adjusted for	1036
one-time start-up costs, actual months of program operation, or	1037
the number of children enrolled and receiving services, as defined	1038
by the Department of Education, reported during the first full	1039
week of December, and may be increased by a reasonable percentage	1040
for inflation to be determined by the Department of Education and	1041
in accordance with this section. ThePursuant to the interagency	1042
agreement, the department may redistribute dollars to programs	1043
demonstrating an unmet need based on updated assessments of family	1044
needs and community resources. In fiscal years 2002 and 2003, the	1045
department may authorize recipients to carry over funds to the	1046
subsequent fiscal year.	1047

TheIn accordance with the interagency agreement, the	1048
department may reallocate unobligated or unspent money to	1049
participating Head Start agencies for: (1) facilities planning	1050
grants and to leverage construction, renovation, or lease	1051
agreements and for repair of critical deferred maintenance and	1052
safety items in combination with the CDFF; (2) teacher	1053
professional development and enhanced compensation in order to	1054
meet the requirements of section 3301.311 of the Revised Code; (3)	1055
meeting the documentation and reporting requirements and for	1056
technical support in accordance with division (F) of this section;	1057
and (4) expansion, improvement, or special projects to promote	1058
excellence and innovation.	1059

(E) Costs for developing and administering a Head Start	1060
program may not exceed fifteen per cent of the total approved	1061
costs of the programthe costs established in the interagency	1062
agreement.	1063

All recipients of funds shall maintain such fiscal control	1064
and accounting procedures as may be necessary to ensure the	1065
disbursement of, and accounting for, these funds in accordance	1066
with section 5101.801 of the Revised Code. The control of funds	1067
provided in this program, and title to property obtained	1068
therefrom, shall be under the authority of the approved recipient	1069
for purposes provided in the program. The approved recipient	1070
shall administer and use such property and funds for the purposes	1071
specified.	1072

Each recipient shall furnish the department an annual audit	1073
that includes the review of state funds received under this	1074
section.	1075

In conjunction with the required audit of federal Head Start	1076
funds, the independent auditor shall examine state Head Start	1077
funds in accordance with the federal regulations and agreed-upon	1078
state procedures formulated by the department.	1079

(F) The department shall prescribe target levels for	1080
critical performance indicators for the purpose of assessing Head	1081
Start programs. On-site reviews and follow-up visits shall be	1082
based on grantee progress in meeting the prescribed target levels.	1083

The Department of Education, in consultation with the	1084
interested parties, including the state Department of Job and	1085
Family Services, shall develop the criteria to be used by Head	1086
Start grantees and delegate agencies with developing partnership	1087
agreements.	1088

The departmentDepartment of Education or the Department of	1089
Job and Family Services may audit a Head Start agency's financial	1090
and program records. Head Start agencies that have financial	1091
practices not in accordance with standard accounting principles,	1092
that fail to substantially meet the Head Start performance	1093
standards, or that exhibit below-average performance shall be	1094
subject to an on-site review.	1095

The departmentDepartment of Education shall require	1096
corrective plans of action for programs not achieving target	1097
levels or financial and program standards. Action plans shall	1098
include activities to be conducted by the grantee and timelines	1099
for activities to be completed and timelines for additional data	1100
submission to the department demonstrating targets have been met.	1101
The Policy Council chairperson and the appropriate grantee board	1102
official shall sign the corrective plans of action.	1103

Head Start programs not meeting performance targets in	1104
accordance with the plan of action and prescribed timelines may	1105
have their funding reduced until targets are met, or have all	1106
state funds withdrawn.	1107

The department shall require school districts to collect	1108
"preschool" information by program type. All data shall be	1109
reported via the Education Management Information System (EMIS).	1110

(G) The department shall develop prekindergarten reading and	1111
mathematics content standards and model curricula. These	1112
standards and curricula shall be made available to grantees. Head	1113
Start grantees delegate agencies, and child care partners shall	1114
document child progress, using a common instrument prescribed by	1115
the department, and report results annually. The department shall	1116
determine the dates for documenting and reporting.	1117

(H) New agencies may be designated for state Head Start	1118
funding if a Head Start agency voluntarily waives its right for	1119
funding or is de-funded based on performance. In either event,	1120
the grantee and delegate shall transfer control of title to	1121
property, equipment, and remaining supplies obtained through this	1122
program to the newly designated grantee and return any unexpended	1123
funds to the department along with any reports prescribed by the	1124
department.	1125

Section 3313.646 of the Revised Code does not apply to funds	1126
distributed under this section.	1127

(I) It is the intent of the General Assembly that	1128
appropriations for appropriation items 200-406, Head Start, and	1129
200-408, Public Preschool, be available for transfer between Head	1130
Start and public preschool programs so that unallocated funds may	1131
be used between the two programs.	1132

(J) The Department of Education shall comply with all TANF	1133
requirements, including reporting requirements and timelines, as	1134
specified in state and federal laws, federal regulations, state	1135
rules, and the Title IV-A state plan, and is responsible for	1136
payment of any adverse audit finding, final disallowance of	1137
federal financial participation, or other sanction or penalty	1138
issued by the federal government or other entity concerning these	1139
funds. Having met all of the above requirements, the Department	1140
shall have the authority to administer these funds in accordance	1141
with its own rules and guidelines, including grant administration	1142
procedures.The interagency agreement between the Department of	1143
Education and the Department of Job and Family Services shall	1144
establish conditions for the reimbursement of allowable Title IV-A	1145
funds as specified in 42 U.S.C.A. 604(a), except that they may not	1146
be "assistance" as defined in 45 C.F.R. 260.31(a). The benefits	1147
and services shall be benefits and services that 45 C.F.R.	1148
260.31(b) excludes from the definition of "assistance." The	1149
interagency agreement also shall require that Head Start agencies	1150
comply with requirements of Title IV-A of the "Social Security	1151
Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, including	1152
eligibility of individuals, reporting requirements, allowable	1153
benefits and services, use of funds, and audit requirements, as	1154
specified in state and federal laws, federal regulations, state	1155
rules, federal office of management and budget circulars, and the	1156
Title IV-A state plan. The Department of Education shall be	1157
responsible for assuring that all Title IV-A funds are used solely	1158
for purposes allowable under federal regulations, section 5101.801	1159
of the Revised Code, and the Title IV-A state plan.	1160

Sec. 44.12.  ADULT LITERACY EDUCATION

1161

The foregoing appropriation item 200-509, Adult Literacy	1162
Education, shall be used to support adult basic and literacy	1163
education instructional programs and the State Literacy Resource	1164
Center Program.	1165

Of the foregoing appropriation item 200-509, Adult Literacy	1166
Education, up to $543,150 in fiscal year 2002 and up to $554,013	1167
in fiscal year 2003 shall be used for the support and operation of	1168
the State Literacy Resource Center.	1169

The remainder shall be used to continue to satisfy the state	1170
match and maintenance of effort requirements for the support and	1171
operation of the Department of Education-administered	1172
instructional grant program for adult basic and literacy education	1173
in accordance with the department's state plan for adult basic and	1174
literacy education as approved by the State Board of Education and	1175
the Secretary of the United States Department of Education.	1176

AUXILIARY SERVICES

1177

The foregoing appropriation item 200-511, Auxiliary Services,	1178
shall be used by the State Board of Education for the purpose of	1179
implementing section 3317.06 of the Revised Code. Of the	1180
appropriation, up to $1,250,000 in fiscal year 2002 and up to	1181
$1,500,000 in fiscal year 2003 may be used for payment of the	1182
Post-Secondary Enrollment Options Program for nonpublic students	1183
pursuant to section 3365.10 of the Revised Code.	1184

STUDENT INTERVENTION SERVICES

1185

The foregoing appropriation item 200-513, Student	1186
Intervention Services, shall be used to assist districts providing	1187
the intervention services specified in section 3313.608 of the	1188
Revised Code. The Department of Education shall establish	1189
guidelines for the use and distribution of these moneys in	1190
accordance with the interagency agreement entered into between the	1191
Department of Education and the Department of Job and Family	1192
Services under division (A)(2) of section 5101.801 of the Revised	1193
Code. School districts receiving funds from this appropriation	1194
shall report to the Department of Education on how funds were	1195
used.	1196

the Director of Budget and Management shall transfer	1197
$35,000,000 from Fund 3W6, TANF Education, to the General Revenue	1198
Fund. The transferred funds are appropriated for the appropriation	1199
item 200-513, Student Intervention Services. The foregoing	1200
appropriation item 200-513, Student Intervention Services,	1201
includes transferred funds of $35,000,000 in fiscal year 2003.	1202

The Department of Education shall comply with all TANF	1203
requirements, including reporting requirements and timelines, as	1204
specified in state and federal laws, federal regulations, state	1205
rules, and the Title IV-A state plan, and is responsible for	1206
payment of any adverse audit finding, final disallowance of	1207
federal financial participation, or other sanction or penalty	1208
issued by the federal government or other entity concerning these	1209
funds.	1210

The interagency agreement between the Department of Education	1211
and the Department of Job and Family Services shall establish	1212
conditions for the reimbursement of allowable Title IV-A funds as	1213
specified in 42 U.S.C.A. 604(a), except that they may not be	1214
"assistance" as defined in 45 C.F.R. 260.31(a). The benefits and	1215
services shall be benefits and services that 45 C.F.R. 260.31(b)	1216
excludes from the definition of "assistance." The interagency	1217
agreement also shall require that school districts receiving funds	1218
from this appropriation comply with requirements of Title IV-A of	1219
the "Social Security Act," 49 Stat 620 (1935), 42 U.S.C. 301, as	1220
amended, including eligibility of individuals, reporting	1221
requirements, allowable benefits and services, use of funds, and	1222
audit requirements, as specified in state and federal laws,	1223
federal regulations, state rules, federal office of management and	1224
budget circulars, and the Title IV-A state plan. The Department	1225
of Education shall be responsible for assuring that all Title IV-A	1226
funds are used solely for purposes allowable under federal	1227
regulations, section 5101.801 of the Revised Code, and the Title	1228
IV-A state plan.	1229

POST-SECONDARY/ADULT CAREER-TECHNICAL EDUCATION

1230

The foregoing appropriation item 200-514,	1231
Post-Secondary/Adult Career-Technical Education, shall be used by	1232
the State Board of Education to provide post-secondary/adult	1233
career-technical education under sections 3313.52 and 3313.53 of	1234
the Revised Code.	1235

Of the foregoing appropriation item 200-514,	1236
Post-Secondary/Adult Career-Technical Education, up to $500,000 in	1237
each fiscal year shall be allocated for the Ohio Career	1238
Information System (OCIS) and used for the dissemination of career	1239
information data to public schools, libraries, rehabilitation	1240
centers, two- and four-year colleges and universities, and other	1241
governmental units.	1242

Of the foregoing appropriation item 200-514,	1243
Post-Secondary/Adult Career-Technical Education, up to $40,000 in	1244
each fiscal year shall be used for the statewide coordination of	1245
the activities of the Ohio Young Farmers.	1246

DISADVANTAGED PUPIL IMPACT AID

1247

The foregoing appropriation item 200-520, Disadvantaged Pupil	1248
Impact Aid, shall be distributed to school districts according to	1249
section 3317.029 of the Revised Code. However, no money shall be	1250
distributed for all-day kindergarten to any school district whose	1251
three-year average formula ADM exceeds 17,500 but whose DPIA index	1252
is not at least equal to 1.00 in each fiscal year, unless the	1253
Department of Education certifies that sufficient funds exist in	1254
this appropriation to make all other payments required by section	1255
3317.029 of the Revised Code.	1256

The Department of Education shall pay all-day, everyday	1257
kindergarten funding to all school districts in fiscal year 2002	1258
and fiscal year 2003 that qualified for and provided the service	1259
in a preceding fiscal year pursuant to section 3317.029 of the	1260
Revised Code, regardless of changes to such districts' DPIA	1261
indexes in fiscal year 2002 and fiscal year 2003.	1262

The Department of Education shall pay to community schools an	1263
amount for all-day kindergarten if the school district in which	1264
the student is entitled to attend school is eligible but does not	1265
receive a payment for all-day kindergarten, pursuant to division	1266
(B) of section 3314.13 of the Revised Code, and the student is	1267
reported by the community school as enrolled in all-day	1268
kindergarten at the community school.	1269

Of the foregoing appropriation item 200-520, Disadvantaged	1270
Pupil Impact Aid, up to $3,200,000 in fiscal year 2002 and up to	1271
$3,300,000 in fiscal year 2003 shall be used for school breakfast	1272
programs. Of these amounts, up to $500,000 shall be used each	1273
year by the Department of Education to provide start-up grants to	1274
rural school districts and to school districts with less than	1275
1,500 ADM that start school breakfast programs. The remainder of	1276
the appropriation shall be used to: (1) partially reimburse	1277
school buildings within school districts that are required to have	1278
a school breakfast program pursuant to section 3313.813 of the	1279
Revised Code, at a rate decided by the department, for each	1280
breakfast served to any pupil enrolled in the district; (2)	1281
partially reimburse districts participating in the National School	1282
Lunch Program that have at least 20 per cent of students who are	1283
eligible for free and reduced meals according to federal	1284
standards, at a rate decided by the department; and (3) to	1285
partially reimburse districts participating in the National School	1286
Lunch Program for breakfast served to children eligible for free	1287
and reduced meals enrolled in the district, at a rate decided by	1288
the department.	1289

Of the portion of the funds distributed to the Cleveland City	1290
School District under section 3317.029 of the Revised Code	1291
calculated under division (F)(2) of that section, up to	1292
$14,903,943 in fiscal year 2002 and up to $18,066,820 in fiscal	1293
year 2003 shall be used to operate the pilot school choice program	1294
in the Cleveland City School District pursuant to sections	1295
3313.974 to 3313.979 of the Revised Code.	1296

Of the foregoing appropriation item 200-520, Disadvantaged	1297
Pupil Impact Aid, $1,000,000 in each fiscal year shall be used to	1298
support dropout recovery programs administered by the Department	1299
of Education, Jobs for Ohio's Graduates Program.	1300

Sec. 56.  DOH DEPARTMENT OF HEALTH

1301

General Revenue Fund

1302

General Services Fund Group

1327

Federal Special Revenue Fund Group

1336

State Special Revenue Fund Group

1344

Holding Account Redistribution Fund Group

1364

Sec. 56.01. HEMOPHILIA SERVICES

1372

Of the foregoing appropriation item 440-406, Hemophilia	1373
Services, $205,000 in each fiscal year shall be used to implement	1374
the Hemophilia Insurance Pilot Project.	1375

Of the foregoing appropriation item 440-406, Hemophilia	1376
Services, up to $245,000 in each fiscal year shall be used by the	1377
Department of Health to provide grants to the nine hemophilia	1378
treatment centers to provide prevention services for persons with	1379
hemophilia and their family members affected by AIDS and other	1380
bloodborne pathogens.	1381

CANCER REGISTRY SYSTEM

1382

Of the foregoing appropriation item 440-412, Cancer Incidence	1383
Surveillance System, $50,000 in each fiscal year shall be provided	1384
to the Northern Ohio Cancer Resource Center.	1385

The remaining moneys in appropriation item 440-412, Cancer	1386
Incidence Surveillance System, shall be used to maintain and	1387
operate the Ohio Cancer Incidence Surveillance System pursuant to	1388
sections 3701.261 to 3701.263 of the Revised Code.	1389

No later than March 1, 2002, the Ohio Cancer Incidence	1390
Surveillance Advisory Board shall report to the General Assembly	1391
on the effectiveness of the cancer incidence surveillance system	1392
and the partnership between the Department of Health and the	1393
Arthur G. James Cancer Hospital and Richard J. Solove Research	1394
Institute of The Ohio State University.	1395

CHILD AND FAMILY HEALTH SERVICES

1396

Of the foregoing appropriation item 440-416, Child and Family	1397
Health Services, $1,700,000 in each fiscal year shall be used for	1398
family planning services. None of the funds received through	1399
these family planning grants shall be used to provide abortion	1400
services. None of the funds received through these family	1401
planning grants shall be used for counseling for or referrals for	1402
abortion, except in the case of a medical emergency. These funds	1403
shall be distributed on the basis of the relative need in the	1404
community served by the Director of Health to family planning	1405
programs, which shall include family planning programs funded	1406
under Title V of the "Social Security Act," 49 Stat. 620 (1935),	1407
42 U.S.C.A. 301, as amended, and Title X of the "Public Health	1408
Services Act," 58 Stat. 682 (1946), 42 U.S.C.A. 201, as amended,	1409
as well as to other family planning programs that the Department	1410
of Health also determines will provide services that are	1411
physically and financially separate from abortion-providing and	1412
abortion-promoting activities, and that do not include counseling	1413
for or referrals for abortion, other than in the case of medical	1414
emergency, with state moneys, but that otherwise substantially	1415
comply with the quality standards for such programs under Title V	1416
and Title X.	1417

The Director of Health, by rule, shall provide reasonable	1418
methods by which a grantee wishing to be eligible for federal	1419
funding may comply with these requirements for state funding	1420
without losing its eligibility for federal funding, while ensuring	1421
that a family planning program receiving a family planning grant	1422
must be organized so that it is physically and financially	1423
separate from the provision of abortion services and from	1424
activities promoting abortion as a method of family planning.	1425

Of the foregoing appropriation item 440-416, Child and Family	1426
Health Services, $150,000 in each fiscal year shall be used to	1427
provide malpractice insurance for physicians and other health	1428
professionals providing prenatal services in programs funded by	1429
the Department of Health.	1430

Of the foregoing appropriation item 440-416, Child and Family	1431
Health Services, $279,000 shall be used in each fiscal year for	1432
the OPTIONS dental care access program.	1433

Of the foregoing appropriation item 440-416, Child and Family	1434
Health Services, $600,000 in each fiscal year shall be used by	1435
local child and family health services clinics to provide services	1436
to uninsured low-income persons.	1437

Of the foregoing appropriation item 440-416, Child and Family	1438
Health Services, $900,000 in each fiscal year shall be used by	1439
federally qualified health centers and federally designated	1440
look-alikes to provide services to uninsured low-income persons.	1441

Of the foregoing appropriation item 440-416, Child and Family	1442
Health Services, $50,000 in each fiscal year shall be used for the	1443
Tree of Knowledge Learning Center in Cleveland Heights.	1444

Of the foregoing appropriation item 440-416, Child and Family	1445
Health Services, $25,000 in fiscal year 2002 shall be provided to	1446
the Suicide Prevention Program of Clermont County.	1447

Of the foregoing appropriation item 440-416, Child and Family	1448
Health Services, $50,000 in fiscal year 2002 shall be provided to	1449
the Discover Health Project.	1450

Of the foregoing appropriation item 440-416, Child and Family	1451
Health Services, $75,000 in fiscal year 2002 shall be provided to	1452
the Mayerson Center.	1453

Of the foregoing appropriation item 440-416, Child and Family	1454
Health Services, $50,000 in fiscal year 2002 shall be provided to	1455
the Central Clinic at the University of Cincinnati.	1456

IMMUNIZATIONS

1457

Of the foregoing appropriation item 440-418, Immunizations,	1458
$125,000 per fiscal year shall be used to provide vaccinations for	1459
Hepatitis B to all qualified underinsured students in the seventh	1460
grade who have not been previously immunized.	1461

Of the foregoing appropriation item 440-418, Immunizations,	1462
up to $25,000 in each fiscal year shall be used to provide	1463
vaccinations for pneumococcal disease for children between the	1464
ages of two and five.	1465

SEXUAL ASSAULT PREVENTION AND INTERVENTION

1466

The foregoing appropriation item 440-419, Sexual Assault	1467
Prevention and Intervention, shall be used for the following	1468
purposes:	1469

(A) Funding of new services in counties with no services for	1470
sexual assault;	1471

(B) Expansion of services provided in currently funded	1472
projects so that comprehensive crisis intervention and prevention	1473
services are offered;	1474

(C) Start-up funding for Sexual Assault Nurse Examiner (SANE)	1475
projects;	1476

(D) Statewide expansion of local outreach and public	1477
awareness efforts.	1478

HIV/AIDS PREVENTION/TREATMENT

1479

Of the foregoing appropriation item 440-444, AIDS Prevention	1480
and Treatment, $6.7 million in fiscal year 2002 and $7.1 million	1481
in fiscal year 2003 shall be used to assist persons with HIV/AIDS	1482
in acquiring HIV-related medications.	1483

The HIV Drug Assistance Program is pursuant to section	1484
3701.241 of the Revised Code and Title XXVI of the "Public Health	1485
Services Act," 104 Stat. 576 (1990), 42 U.S.C.A. 2601, as amended.	1486
The Department of Health may adopt rules pursuant to Chapter 119.	1487
of the Revised Code as necessary for the administration of the	1488
program.	1489

INFECTIOUS DISEASE PREVENTION

1490

Notwithstanding section 339.77 of the Revised Code, $60,000	1491
of the foregoing appropriation item 440-446, Infectious Disease	1492
Prevention, shall be used by the Director of Health to reimburse	1493
Boards of County Commissioners for the cost of detaining indigent	1494
persons with tuberculosis. Any portion of the $60,000 allocated	1495
for detainment not used for that purpose shall be used to make	1496
payments to counties pursuant to section 339.77 of the Revised	1497
Code.	1498

Of the foregoing appropriation item 440-446, Infectious	1499
Disease Prevention, $200,000 in each fiscal year shall be used for	1500
the purchase of drugs for sexually transmitted diseases.	1501

HELP ME GROW

1502

The foregoing appropriation item 440-459, Help Me Grow, shall	1503
be used by the Department of Health to distribute subsidies to	1504
counties to implement section 3701.61 of the Revised Code.	1505
Appropriation item 440-459 may be used in conjunction with	1506
Temporary Assistance for Needy Families from the Department of Job	1507
and Family Services, Even Start from the Department of Education,	1508
and in conjunction with other early childhood funds and services	1509
to promote the optimal development of young children. Local	1510
contacts shall be developed between local departments of job and	1511
family services and family and children first councils for the	1512
administration of TANF funding for the Help Me Grow Program. The	1513
Department of Health shall enter into an interagency agreement	1514
with the Department of Education to coordinate the planning,	1515
design, and grant selection process for any new Even Start grants	1516
and to ensure that all new and existing programs within Help Me	1517
grow are school linked.	1518

POISON CONTROL NETWORK

1519

The foregoing appropriation item 440-504, Poison Control	1520
Network, shall be used in each fiscal year by the Department of	1521
Health for grants to the consolidated Ohio Poison Control Center	1522
to provide poison control services to Ohio citizens.	1523

TANF FAMILY PLANNING

1524

The Director of Budget and Management shall transfer by	1525
intrastate transfer voucher, no later than the fifteenth day of	1526
July of each fiscal year, cash from the General Revenue Fund,	1527
appropriation item 600-410, TANF State, to General Services Fund	1528
5C1 in the Department of Health, in an amount of $250,000 in each	1529
fiscal year for the purpose of family planning services for	1530
children or their families whose income is at or below 200 per	1531
cent of the official poverty guideline.	1532

As used in this section, "poverty guideline" means the	1533
official poverty guideline as revised annually by the United	1534
States Secretary of Health and Human Services in accordance with	1535
section 673 of the "Community Services Block Grant Act," 95 Stat.	1536
511 (1981), 42 U.S.C.A. 9902, as amended, for a family size equal	1537
to the size of the family of the person whose income is being	1538
determined.	1539

MATERNAL CHILD HEALTH BLOCK GRANT

1540

Of the foregoing appropriation item 440-601, Maternal Child	1541
Health Block Grant (Fund 320), $2,091,299 shall be used in each	1542
fiscal year for the purposes of abstinence-only education. The	1543
Director of Health shall develop guidelines for the establishment	1544
of abstinence programs for teenagers with the purpose of	1545
decreasing unplanned pregnancies and abortion. Such guidelines	1546
shall be pursuant to Title V of the "Social Security Act," 42	1547
U.S.C.A. 510, and shall include, but are not limited to,	1548
advertising campaigns and direct training in schools and other	1549
locations.	1550

A portion of the foregoing appropriation item 440-601,	1551
Maternal Child Health Block Grant (Fund 320), may be used to	1552
ensure that current information on sudden infant death syndrome is	1553
available for distribution by local health districts.	1554

TITLE XX TRANSFER

1555

Of the foregoing appropriation item 440-611, Title XX	1556
Transfer (Fund 3W5), $500,000 in each fiscal year, to the extent	1557
funds are available based on deposits made pursuant to Section	1558
63.09 of this act, shall be used for the purposes of	1559
abstinence-only education. The Director of Health shall develop	1560
guidelines for the establishment of abstinence programs for	1561
teenagers with the purpose of decreasing unplanned pregnancies and	1562
abortion. The guidelines shall be developed pursuant to Title V of	1563
the "Social Security Act," 42 U.S.C. 510, and shall include, but	1564
are not to be limited to, advertising campaigns and direct	1565
training in schools and other locations.	1566

GENETICS SERVICES

1567

The foregoing appropriation item 440-608, Genetics Services	1568
(Fund 4D6), shall be used by the Department of Health to	1569
administer programs authorized by sections 3701.501 and 3701.502	1570
of the Revised Code. None of these funds shall be used to counsel	1571
or refer for abortion, except in the case of a medical emergency.	1572

SICKLE CELL FUND

1573

The foregoing appropriation item 440-610, Sickle Cell Disease	1574
Control (Fund 4F9), shall be used by the Department of Health to	1575
administer programs authorized by section 3701.131 of the Revised	1576
Code. The source of the funds is as specified in section 3701.23	1577
of the Revised Code.	1578

SAFETY AND QUALITY OF CARE STANDARDS

1579

The Department of Health may use Fund 471, Certificate of	1580
Need, for administering sections 3702.11 to 3702.20 and 3702.30 of	1581
the Revised Code in each fiscal year.	1582

MEDICALLY HANDICAPPED CHILDREN AUDIT

1583

The Medically Handicapped Children Audit Fund (Fund 477)	1584
shall receive revenue from audits of hospitals and recoveries from	1585
third-party payors. Moneys may be expended for payment of audit	1586
settlements and for costs directly related to obtaining recoveries	1587
from third-party payors and for encouraging Medically Handicapped	1588
Children's Program recipients to apply for third-party benefits.	1589
Moneys also may be expended for payments for diagnostic and	1590
treatment services on behalf of medically handicapped children, as	1591
defined in division (A) of section 3701.022 of the Revised Code,	1592
and Ohio residents who are twenty-one or more years of age and who	1593
are suffering from cystic fibrosis. Moneys may also be expended	1594
for administrative expenses incurred in operating the Medically	1595
Handicapped Children's Program.	1596

CASH TRANSFER FROM LIQUOR CONTROL FUND TO ALCOHOL TESTING AND	1597
PERMIT FUND	1598

The Director of Budget and Management, pursuant to a plan	1599
submitted by the Department of Health, or as otherwise determined	1600
by the Director of Budget and Management, shall set a schedule to	1601
transfer cash from the Liquor Control Fund (Fund 043) to the	1602
Alcohol Testing and Permit Fund (Fund 5C0) to meet the operating	1603
needs of the Alcohol Testing and Permit program.	1604

The Director of Budget and Management shall transfer to the	1605
Alcohol Testing and Permit Fund (Fund 5C0) from the Liquor Control	1606
Fund (Fund 043) established in section 4301.12 of the Revised Code	1607
such amounts at such times as determined by the transfer schedule.	1608

MEDICALLY HANDICAPPED CHILDREN - COUNTY ASSESSMENTS

1609

The foregoing appropriation item 440-607, Medically	1610
Handicapped Children - County Assessments (Fund 666), shall be	1611
used to make payments pursuant to division (E) of section 3701.023	1612
of the Revised Code.	1613

Sec. 63.  JFS DEPARTMENT OF JOB AND FAMILY SERVICES

1614

General Revenue Fund

1615

General Services Fund Group

1665

Federal Special Revenue Fund Group

1673

State Special Revenue Fund Group

1700

Agency Fund Group

1724

Holding Account Redistribution Fund Group

1729

Sec. 63.09. TANF

1736

TANF COUNTY INCENTIVES

1737

Of the foregoing appropriation item 600-689, TANF Block	1738
Grant, the Department of Job and Family Services may provide	1739
financial incentives to those county departments of job and family	1740
services that have exceeded performance standards adopted by the	1741
state department, and where the board of county commissioners has	1742
entered into a written agreement with the state department under	1743
section 5101.21 of the Revised Code governing the administration	1744
of the county department. Any financial incentive funds provided	1745
pursuant to this division shall be used by the county department	1746
for additional or enhanced services for families eligible for	1747
assistance under Chapter 5107. or benefits and services under	1748
Chapter 5108. of the Revised Code or, on request by the county and	1749
approval by the Department of Job and Family Services, be	1750
transferred to the Child Care and Development Fund or the Social	1751
Services Block Grant. The county departments of job and family	1752
services may retain and expend such funds without regard to the	1753
state or county fiscal year in which the financial incentives were	1754
earned or paid. Each county department of job and family services	1755
shall file an annual report with the Department of Job and Family	1756
Services providing detailed information on the expenditure of	1757
these financial incentives and an evaluation of the effectiveness	1758
of the county department's use of these funds in achieving	1759
self-sufficiency for families eligible for assistance under	1760
Chapter 5107. or benefits and services under Chapter 5108. of the	1761
Revised Code.	1762

TANF YOUTH DIVERSION PROGRAMS

1763

Of the foregoing appropriation item 600-689, TANF Block	1764
Grant, $19,500,000 in each fiscal year shall be allocated by the	1765
Department of Job and Family Services to the counties according to	1766
the allocation formula established in division (D) of section	1767
5101.14 of the Revised Code. Of the funds allocated to each	1768
county, up to half may be used for contract services for unruly	1769
and misdemeanant diversionary programs.	1770

The remaining funds not allocated for use in juvenile	1771
diversion activities may be used by the county for other contract	1772
child welfare services. In counties with separate departments of	1773
job and family services and public children services agencies, the	1774
county department of job and family services shall serve as a pass	1775
through to the public children services agencies for these funds.	1776
Separate public children services agencies receiving such funds	1777
shall comply with all TANF requirements, including reporting	1778
requirements and timelines, as specified in state and federal	1779
laws, federal regulations, state rules, and the Title IV-A state	1780
plan, and are responsible for payment of any adverse audit	1781
finding, final disallowance of federal financial participation, or	1782
other sanction or penalty issued by the federal government or	1783
other entity concerning these funds.	1784

Of the foregoing $19,500,000 set aside, any funds remaining	1785
unspent on June 30, 2002, shall be carried forward and added to	1786
the earmark for fiscal year 2003, and allocated to the counties	1787
according to the allocation formula established in division (D) of	1788
section 5101.14 of the Revised Code.	1789

KINSHIP NAVIGATORS

1790

Of the foregoing appropriation item 600-689, TANF Block	1791
Grant, up to $3 million in each fiscal year shall be allocated by	1792
the Department of Job and Family Services to county departments of	1793
job and family services for the purpose of making allocations to	1794
local public children services agencies to provide services in the	1795
Kinship Navigation program. The allocation to county departments	1796
of job and family services shall be based on the number of Ohio	1797
works first cases in the county, and the number of children	1798
seventeen years of age or younger in the county. The Department of	1799
Job and Family Services shall develop an appropriate method of	1800
reallocating these funds in each fiscal year among the county	1801
deparmentsdepartments of job and family services, if they would	1802
otherwise be unspent.	1803

TANF FAITH-BASED AND NON-PROFIT CAPACITY-BUILDING PROGRAMS

1804

From the foregoing appropriation item 600-689, TANF Block	1805
Grant, up to $1,000,000 in each fiscal year shall be used to	1806
support capacity-building efforts among faith-based and non-profit	1807
organizations, for the purpose of providing allowable services to	1808
TANF-eligible individuals. Organizations receiving these funds	1809
shall comply with all TANF requirements, and shall agree with the	1810
Department of Job and Family Services on reporting requirements to	1811
be incorporated into the grant agreement.	1812

TANF EDUCATION

1813

the Director of Budget and Management shall transfer	1814
$35,000,000 in appropriation authority from appropriation item	1815
600-689, TANF Block Grant (Fund 3V6), to Fund 3W6, TANF Education,	1816
in the Department of Education, which is created in the State	1817
Treasury. The transferred funds shall be used for the purpose of	1818
providing allowable services to TANF-eligible individuals.	1819

the Director of Budget and Management shall transfer	1820
$76,156,175 from Fund 3V6, TANF Block Grant, to Fund 3W6, TANF	1821
Education, in the Department of Education. the Director of Budget	1822
and Management shall transfer $98,843,825 from Fund 3V6, TANF	1823
Block Grant, to Fund 3W6, TANF Education, in the Department of	1824
Education. The transferred funds shall be used for the purpose of	1825
providing allowable services to TANF-eligible individuals. The	1826
Department of Education shall comply with all TANF requirements,	1827
including reporting requirements and timelines, as specified in	1828
state and federal laws, federal regulations, state rules, and the	1829
Title IV-A state plan, and is responsible for payment of any	1830
adverse audit finding, final disallowance of federal financial	1831
participation, or other sanction or penalty issued by the federal	1832
government or other entity concerning these funds.	1833

There is hereby established the Title IV-A Education Program	1834
to be administered by the Department of Education in accordance	1835
with an interagency agreement entered into with the Department of	1836
Job and Family Services under division (A)(2) of section 5101.801	1837
of the Revised Code. The program shall provide benefits and	1838
services to TANF eligible individuals with incomes at or below 200	1839
per cent of the federal poverty guidelines under a Title IV-A	1840
program pursuant to the requirements of section 5101.801 of the	1841
Revised Code. Upon approval by the Department of Job and Family	1842
Services, the Department of Education shall adopt policies and	1843
procedures establishing program requirements for eligibility,	1844
services, fiscal accountability, and other criteria necessary to	1845
comply with the provisions of Title IV-A of the "Social Security	1846
Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended.	1847

The Department of Job and Family Services shall reimburse the	1848
General Revenue Fund through intrastate transfer vouchers for	1849
allowable Title IV-A Head Start expenditures reported by the	1850
Department of Education in fiscal year 2002 by amounts up to	1851
$76,156,175 from Fund 3V6, TANF Block Grant, and in fiscal year	1852
2003, up to $98,843,825 from Fund 3V6, TANF Block Grant. The	1853
Department of Job and Family Services shall reimburse the General	1854
Revenue Fund through intrastate transfer vouchers for allowable	1855
Title IV-A student intervention services expenditures in fiscal	1856
year 2003 up to $35,000,000 from Fund 3V6, TANF Block Grant.	1857

COUNTY DEPARTMENTS OF JOB AND FAMILY SERVICES TITLE IV-A	1858
ADULT LITERACY AND CHILD READING PROGRAMS	1859

There is hereby established the Title IV-A Adult Literacy and	1860
Child Reading Program to be administered by the county departments	1861
of job and family services in accordance with division (B)(1) of	1862
section 5101.801 of the Revised Code. The program shall provide	1863
benefits and services to TANF-eligible individuals with incomes at	1864
or below 200 per cent of the federal poverty guidelines under a	1865
Title IV-A program pursuant to the requirements of section	1866
5101.801 of the Revised Code. The county departments of job and	1867
family services shall ensure program requirements for eligibility,	1868
services, fiscal accountability, and other criteria necessary to	1869
comply with the provisions of Title IV-A of the "Social Security	1870
Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended, and ensure	1871
that benefits and services are allowable uses of federal Title	1872
IV-A funds as specified in 42 U.S.C.A. 604(a), except that they	1873
may not be "assistance" as defined in 45 C.F.R. 260.31(a). The	1874
benefits and services shall be benefits and services that 45	1875
C.F.R. 260.31(b) excludes from the definition of "assistance."	1876
From the foregoing appropriation item 600-689, TANF Block Grant,	1877
up to $5,000,000 in each fiscal year shall be used to support	1878
local adult literacy and child reading programs.	1879

TALBERT HOUSE

1880

In each fiscal year, the Director of Job and Family Services	1881
shall provide $100,500 from appropriation item 600-689, TANF Block	1882
Grant, to the HamilitonHamilton County Department of Job and	1883
Family Services to contract with the Talbert House for the purpose	1884
of providing allowable services to TANF-eligible individuals with	1885
incomes at or below 200 per cent of the federal poverty	1886
guidelines. The contract between the Hamilton County Department	1887
of Job and Family Services and the Talbert House shall establish	1888
conditions for the reimbursement of allowable Title IV-A	1889
expenditures for services that are allowable uses of federal Title	1890
IV-A funds as specified in 42 U.S.C.A. 604(a), except that they	1891
may not be "assistance" as defined in 45 C.F.R. 260.31(a). The	1892
benefits and services shall be benefits and services that 45	1893
C.F.R. 260.31(b) excludes from the definition of "assistance." The	1894
contract shall also require Talbert House to comply with	1895
requirements of Title IV-A of the "Social Security Act," 110 Stat.	1896
2113 (1996), 42 U.S.C. 601, as amended, including eligibility of	1897
individuals, reporting requirements, allowable benefits and	1898
services, use of funds, and audit requirements, as specified in	1899
state and federal laws, federal regulations, state rules, federal	1900
Office of Management and Budget circulars, and the Title IV-A	1901
state plan.	1902

MONTGOMERY COUNTY OUT-OF-SCHOOL YOUTH PROJECT

1903

In each fiscal year, the Director of Job and Family Services	1904
shall provide $1,000,000 from appropriation item 600-689, TANF	1905
Block Grant, to the Montgomery County Department of Job and Family	1906
Services to be used to support the Out-of-School Youth Project in	1907
Montgomery County for the purpose of providing allowable services	1908
to TANF-eligible individuals. The Montgomery County Department of	1909
Job and Family Services and the Sinclair Community College shall	1910
comply with all TANF requirements, including reporting	1911
requirements and timelines, as specified in state and federal	1912
laws, federal regulations, state rules, and the Title IV-A state	1913
plan.	1914

APPALACHIAN WORKFORCE DEVELOPMENT AND JOB TRAINING

1915

From the foregoing appropriation item 600-689, TANF Block	1916
Grant, the Director of Job and Family Services shall provide up to	1917
$15,000,000 to be awarded to the county departments of job and	1918
family services in the twenty-nine Appalachian counties,	1919
contingent upon passage of H.B. 6 of the 124th General Assembly.	1920
These funds shall be used by the county departments of job and	1921
family services in coordination with the Governor's Office of	1922
Appalachia, the Governor's Regional Economic Office, and local	1923
development districts. These funds shall be used for the	1924
following activities: workforce development and supportive	1925
services; economic development; technology expansion, technical	1926
assistance, and training; youth job training; organizational	1927
development for workforce development partners; and improving	1928
existing technology centers, workforce development, job creation	1929
and retention, purchasing technology, and technology and	1930
technology infrastructure upgrades.	1931

As a condition on the use of these funds, each county	1932
department of job and family services shall submit a plan for the	1933
intended use of these funds to the Department of Job and Family	1934
Services. The plan shall also be reviewed by the Governor's Office	1935
of Appalachia, the Governor's Regional Economic Office, and local	1936
development districts. Also as a condition on the use of these	1937
funds, each county and contract agency shall acknowledge that	1938
these funds are a one-time allocation, not intended to fund	1939
services beyond September 30, 2002.	1940

In fiscal year 2002, the TANF allocation to each of the	1941
Appalachian counties shall not be less than the TANF allocation	1942
amount for fiscal year 2001, as allocated according to the	1943
methodology set forth in paragraph (I) of rule 5101-6-03 of the	1944
Administrative Code.	1945

The use of these funds shall comply with all TANF	1946
requirements, including reporting requirements and timelines, as	1947
specified in state and federal laws, federal regulations, state	1948
rules, and the Title IV-A state plan.	1949

CENTER FOR FAMILY AND CHILDREN

1950

Of the foregoing appropriation item 600-689, TANF Block Brant	1951
Grant, $150,000 in fiscal year 2002 shall be provided to the	1952
Center for Family and Children.	1953

TANF FAMILY PLANNING

1954

The Director of Budget and Management shall transfer by	1955
intrastate voucher, no later than the fifteenth day of July of	1956
each fiscal year, cash from the General Revenue Fund,	1957
appropriation item 600-410, TANF State, to General Services Fund	1958
5C1 in the Department of Health, in an amount of $250,000 in each	1959
fiscal year for the purpose of family planning services for	1960
children or their families whose income is at or below 200 per	1961
cent of the official poverty guideline.	1962

TANF FEDERAL BLOCK GRANT FUNDS AND TRANSFERS

1963

From the foregoing appropriation items 600-410, TANF State;	1964
600-658, Child Support Collections; or 600-689, TANF Block Grant,	1965
or a combination of these appropriation items, no less than	1966
$369,040,735 in each fiscal year shall be allocated to county	1967
departments of job and family services as follows:	1968

Upon the request of the Department of Job and Family	1978
Services, the Director of Budget and Management may seek	1979
Controlling Board approval to increase appropriations in	1980
appropriation item 600-689, TANF Block Grant, provided sufficient	1981
Federal TANF Block Grant funds exist to do so, without any	1982
corresponding decrease in other appropriation items. The	1983
Department of Job and Family Services shall provide the Office of	1984
Budget and Management and the Controlling Board with documentation	1985
to support the need for the increased appropriation.	1986

All transfers of moneys from or charges against TANF Federal	1987
Block Grant awards for use in the Social Services Block Grant or	1988
the Child Care and Development Block Grant from either unobligated	1989
prior year appropriation authority in appropriation item 400-411,	1990
TANF Federal Block Grant, or 600-411, TANF Federal Block Grant, or	1991
from fiscal year 2002 and fiscal year 2003 appropriation authority	1992
in item 600-689, TANF Block Grant, shall be done ten days after	1993
the Department of Job and Family Services gives written notice to	1994
the Office of Budget and Management. The Department of Job and	1995
Family Services shall first provide the Office of Budget and	1996
Management with documentation to support the need for such	1997
transfers or charges for use in the Social Services Block Grant or	1998
in the Child Care and Development Block Grant.	1999

The Department of Job and Family Services shall in each	2000
fiscal year of the biennium transfer the maximum amount of funds	2001
from the federal TANF Block Grant to the federal Social Services	2002
Block Grant as permitted under federal law. Not later than July	2003
15, 2001, the Department of Job and Family Services shall draw	2004
$60,000,000 in receipts from TANF funds that were transferred into	2005
the Social Services Block Grant into State Special Revenue Fund	2006
5Q8, in the Office of Budget and Management. Not later than June	2007
1, 2002, the Director of Budget and Management shall determine the	2008
amount of funds in State Special Revenue Fund 5Q8 that is needed	2009
for the purpose of balancing the General Revenue Fund, and may	2010
transfer that amount to the General Revenue Fund. Not later than	2011
June 1, 2003, the Director of Budget and Management shall	2012
determine the amount of funds in State Special Revenue Fund 5Q8	2013
that is needed for the purpose of balancing the General Revenue	2014
Fund, and may transfer that amount to the General Revenue Fund.	2015
Any moneys remaining in State Special Revenue Fund 5Q8 on June 15,	2016
2003, shall be transferred not later than June 20, 2003, to Fund	2017
3V6, TANF Block Grant, in the Department of Job and Family	2018
Services.	2019

Before the thirtieth day of September of each fiscal year,	2020
the Department of Job and Family Services shall file claims with	2021
the United States Department of Health and Human Services for	2022
reimbursement for all allowable expenditures for services provided	2023
by the Department of Job and Family Services, or other agencies	2024
that may qualify for Social Services Block Grant funding pursuant	2025
to Title XX of the Social Security Act. The Department of Job and	2026
Family Services shall deposit, into Fund 5E6, State Option Food	2027
Stamps, $6 million, into Fund 5P4, TANF Child Welfare, $7.5	2028
million, into Fund 3W5, Health Care Services, $500,000, into Fund	2029
3W8, Hippy Program, $62,500, and into Fund 3W9, Adoption	2030
Connection, $50,000 and deposit in fiscal year 2002, into Fund	2031
3W2, Title XX Vocational Rehabilitation, $600,000, into Fund 162	2032
in the Department of Natural Resources, $7,885,349, and into Fund	2033
3W3, Adult Special Needs, $4,720,227 in receipts from TANF Block	2034
Grant funds credited to the Social Services Block Grant. In fiscal	2035
year 2003, if, pursuant to federal law, the state is allowed to	2036
transfer up to 10 per cent of the TANF block grant and no less	2037
than $72,796,826 for the purposes of reimbursing allowable	2038
expenditures for services provided by the Department of Job and	2039
Family Services, or other agencies that may qualify for Social	2040
Services Block Grant funding pursuant to Title XX of the Social	2041
Security Act, then the Department of Job and Family Services shall	2042
deposit $6 million into Fund 5E6, State Option Food Stamps, $7.5	2043
million into Fund 5P4 TANF Child Welfare, $897,052 into Fund 3W2,	2044
Title XX Vocational Rehabilitation, and $500,000 into Fund 3W5,	2045
Health Care Services. To the extent that the amount allowed to be	2046
transferred is less than the $72,796,826, then the amounts	2047
deposited into the above funds shall be reduced proportionally. On	2048
verification of the receipt of the above revenue, the funds	2049
provided by these transfers shall be used as follows:	2050

WELLNESS

2078

The foregoing appropriation item 600-690, Wellness, shall be	2079
used by county departments of job and family services for teen	2080
pregnancy prevention programming. Local contracts shall be	2081
developed between county departments of job and family services	2082
and local family and children first councils for the	2083
administration of TANF funding for this program.	2084

Sec. 63.10. OHIO ASSOCIATION OF SECOND HARVEST FOOD BANKS

2085

The Department of Job and Family Services may use up to	2086
$4,500,000 of appropriation item 600-634, State Options Food	2087
Stamps (Fund 5E6), in each fiscal year, to the extent funds are	2088
available based on deposits made pursuant to Section 63.09, to	2089
support expenditures to the Ohio Association of Second Harvest	2090
Food Banks pursuant to the following criteria.	2091

As used in this section, "federal poverty guidelines" has the	2092
same meaning as in section 5101.46 of the Revised Code.	2093

The Department of Job and Family Services shall provide	2094
$4,500,000 to the Ohio Association of Second Harvest Food Banks.	2095
theThe Ohio Association of Second Harvest Food Banks shall use	2096
$2,500,000 for the purchase of food products for the Ohio Food	2097
Program, of which up to $105,000 may be used for food storage and	2098
transport, and shall use $2,000,000 for the Agricultural Surplus	2099
Production Alliance Project. Funds provided for the Ohio Food	2100
Program shall be used to purchase food products and distribute	2101
those food products to agencies participating in the emergency	2102
food distribution program. No funds provided through this grant	2103
may be used for administrative expenses other than funds provided	2104
for food storage and transport. As soon as possible after	2105
entering into a grant agreement at the beginning of the fiscal	2106
year, the Department of Job and Family Services shall distribute	2107
the grant funds in one single payment. The Ohio Association of	2108
Second Harvest Food Banks shall develop a plan for the	2109
distribution of the food products to local food distribution	2110
agencies. Agencies receiving these food products shall ensure	2111
that individuals and families who receive any of the food products	2112
purchased with these funds have an income at or below 150 per cent	2113
of the federal poverty guidelines. The Department of Job and	2114
Family Services and the Ohio Association of Second Harvest Food	2115
Banks shall agree on reporting requirements to be incorporated	2116
into the grant agreement.	2117

The Ohio Association of Second Harvest Food Banks shall	2118
return any fiscal year 2002 funds from this grant remaining	2119
unspent on June 30, 2002, to the Department of Job and Family	2120
Services no later than November 1, 2002.	2121

Sec. 63.11. CHILD NUTRITION SERVICES

2122

The Department of Job and Family Services may use up to	2123
$900,000 of appropriation item 600-634, State Option Food Stamps	2124
(Fund 5E6), in each fiscal year, to the extent funds are available	2125
based on deposits made pursuant to Section 63.09, to support Child	2126
Nutrition Services in the Department of Education. As soon as	2127
possible after the effective date of this section, the Department	2128
of Job and Family Services shall enter into an interagency	2129
agreement with the Department of Education to reimburse the 19	2130
pilot programs that provide nutritional evening meals to	2131
adolescents 13 through 18 years of age participating in	2132
educational or enrichment activities at youth development centers.	2133
Such funds shall not be used as matching funds. Eligibility and	2134
reporting guidelines shall be detailed in the interagency	2135
agreement.	2136

OHIO ALLIANCE OF BOYS AND GIRLS CLUBS

2137

Of the foregoing appropriation item 600-634, State Option	2138
Food Stamps (Fund 5E6), the Department of Job and Family Services	2139
shall use up to $600,000 in each fiscal year, to the extent funds	2140
are available based on deposits made pursuant to Section 63.09, to	2141
support expenditures of the Ohio Alliance of Boys and Girls Clubs	2142
to provide nutritional meals, snacks, and educational and	2143
enrichment services, including tutoring, homework assistance, and	2144
standardized achievement test preparation, to children	2145
participating in programs and activities operated by eligible Boys	2146
and Girls Clubs. The Ohio Alliance of Boys and Girls Clubs shall	2147
provide allowable services to Title XX eligible children.	2148

As soon as possible after entering into a grant agreement at	2149
the beginning of the fiscal year, the Department of Job and Family	2150
Services shall distribute the grant funds in one single payment.	2151
The Ohio Alliance of Boys and Girls Clubs shall return any fiscal	2152
year 2002 funds from this grant remaining unspent on June 30,	2153
2002, to the Department of Job and Family Services not later than	2154
November 1, 2002.	2155

Sec. 63.15. SINGLE ALLOCATION FOR COUNTY DEPARTMENTS OF JOB	2156
AND FAMILY SERVICES	2157

Using the foregoing appropriation items 600-504, Non-TANF	2158
County Administration; 600-610, Food Stamps and State	2159
Administration; 600-410, TANF State; 600-689, TANF Block Grant;	2160
600-620, Social Services Block Grant; 600-552, County Social	2161
Services; 600-413, Day Care Match/Maintenance of Effort; 600-617,	2162
Day Care Federal; 600-534, Adult Protective Services; and 600-614,	2163
Refugees Services, the Department of Job and Family Services may	2164
establish a single allocation for county departments of job and	2165
family services that are subject to a partnership agreement	2166
between a board of county commissioners and the department under	2167
section 5101.21 of the Revised Code. The county department is not	2168
required to use all the money from one or more of the	2169
appropriation items listed in this paragraph for the purpose for	2170
which the specific appropriation item is made so long as the	2171
county department uses the money for a purpose for which at least	2172
one of the other of those appropriation items is made. The county	2173
department may not use the money in the allocation for a purpose	2174
other than a purpose any of those appropriation items are made. If	2175
the spending estimates used in establishing the single allocation	2176
are not realized and the county department uses money in one or	2177
more of those appropriation items in a manner for which federal	2178
financial participation is not available, the department shall use	2179
state funds available in one or more of those appropriation items	2180
to ensure that the county department receives the full amount of	2181
its allocation. The single allocation is the maximum amount the	2182
county department shall receive from those appropriation items.	2183

ADULT PROTECTIVE SERVICES

2184

The foregoing appropriation item 600-695, Adult Protective	2185
Services, shall be used to provide adult protective services in	2186
accordance with section 5101.62 of the Revised Code.	2187

NON-TANF ADULT ASSISTANCE

2188

The foregoing appropriation item 600-696, Non-TANF Adult	2189
Assistance, shall be used to provide funding for the Adult	2190
Emergency Assistance Program in accordance with section 5101.86 of	2191
the Revised Code.	2192

HIPPY PROGRAM

2193

The Department of Job and Family Services may use up to	2194
$62,500 of appropriation item 600-638, Hippy Program (Fund 3W8),	2195
to support expenditures to the Hippy Program in Hamilton County.	2196
The Department of Job and Family Services and the Hippy Program	2197
shall agree on reporting requirements to be incorporated into the	2198
grant agreement.	2199

ADOPTION CONNECTION

2200

The Department of Job and Family Services may use up to	2201
$62,500$50,000 of appropriation item 600-640, Adoption Connection	2202
(Fund 3W9), to support expenditures to the Adoption Connection	2203
Program in Hamilton County. The Department of Job and Family	2204
Services and the Adoption Connection Program shall agree on	2205
reporting requirements to be incorporated into the grant	2206
agreement.	2207

Sec. 63.36.  (A) Notwithstanding division (Q)(1) of section	2208
5111.20 of the Revised Code, when calculating indirect care costs	2209
for the purpose of establishing rates under section 5111.24 or	2210
5111.241 of the Revised Code for fiscal year 2002, "per diem," as	2211
used in sections 5111.20 to 5111.32 of the Revised Code, means a	2212
nursing facility's or intermediate care facility for the mentally	2213
retarded's actual, allowable indirect care costs in the cost	2214
reporting period divided by the greater of the facility's	2215
inpatient days for that period or the number of inpatient days the	2216
facility would have had during that period if its occupancy rate	2217
had been eighty-two per cent.	2218

(B) Notwithstanding division (Q)(1) of section 5111.20 of the	2219
Revised Code, when calculating indirect care costs for the purpose	2220
of establishing rates under section 5111.24 or 5111.241 of the	2221
Revised Code for fiscal year 2003, "per diem," as used in sections	2222
5111.20 to 5111.32 of the Revised Code, means a nursing facility's	2223
or intermediate care facility for the mentally retarded's actual,	2224
allowable indirect care costs in the cost reporting period divided	2225
by the greater of the facility's inpatient days for that period or	2226
the number of inpatient days the facility would have had during	2227
that period if its occupancy rate had been eighty-seven per cent.	2228

(C) Notwithstanding division (Q)(2) of section 5111.20 of	2229
the Revised Code, when calculating capital costs for the purpose	2230
of establishing rates under section 5111.25 or 5111.251 of the	2231
Revised Code for fiscal year 2002, "per diem," as used in sections	2232
5111.20 to 5111.32 of the Revised Code, means a nursing facility's	2233
or intermediate care facility for the mentally retarded's actual,	2234
allowable capital costs in the cost reporting period divided by	2235
the greater of the facility's inpatient days for that period or	2236
the number of inpatient days the facility would have had during	2237
that period if its occupancy rate had been eighty-eight per cent.	2238

(E)(C) As soon as practicable, the Department of Job and	2239
Family Services shall follow this section for the purpose of	2240
calculating nursing facilities' and intermediate care facilities	2241
for the mentally retarded's Medicaid reimbursement rates for	2242
indirect care and capital costs for fiscal years 2002 and 2003. If	2243
the Department is unable to calculate the rates before it makes	2244
payments for services provided during fiscal year 2002 or 2003,	2245
the Department shall pay a nursing facility or intermediate care	2246
facility for the mentally retarded the difference between the	2247
amount it pays the facility and the amount that would have been	2248
paid had the Department made the calculation in time.	2249

Sec. 63.37. NURSING FACILITY STABILIZATION FUND

2250

(A) As used in this section:

2251

(1) "Inpatient days" and "nursing facility" have the same	2252
meanings as in section 5111.20 of the Revised Code.	2253

(2) "Medicaid day" means all days during which a resident	2254
who is a Medicaid recipient occupies a bed in a nursing facility	2255
that is included in the facility's certified capacity under Title	2256
XIX of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C.A.	2257
1396, as amended. Therapeutic or hospital leave days for which	2258
payment is made under section 5111.33 of the Revised Code are	2259
considered Medicaid days proportionate to the percentage of the	2260
nursing facility's per resident per day rate paid for those days.	2261

(B) The Department of Job and Family Services shall use	2262
money in the Nursing Facility Stabilization Fund created under	2263
section 3721.56 of the Revised Code to do all of the following:	2264

(1) Make payments to nursing facilities under sections	2265
5111.20 to 5111.32 of the Revised Code;	2266

(2) Beginning with payments made to nursing facilities in	2267
August 2001, make payments to each nursing facility for each	2268
Medicaid day in fiscal years 2002 and 2003 in an amount equal to	2269
sixty-nine and seven-tenths per cent of the franchise permit fee	2270
the nursing facility pays under section 3721.53 of the Revised	2271
Code for the fiscal year the department makes the payment divided	2272
by the nursing facility's inpatient days for the calendar year	2273
preceding the calendar year in which that fiscal year begins;	2274

(3) Beginning with payments made to nursing facilities in	2275
August 2001, make payments to each nursing facility for fiscal	2276
years 2002 and 2003 in an amount equal to one dollar and fifty	2277
cents per Medicaid day for the purpose of enhancing quality of	2278
care.	2279

(C) Any money remaining in the Nursing Facility	2280
Stabilization Fund after payments specified in division (B) of	2281
this section are made for fiscal years 2002 and 2003 shall be	2282
retained in the fund. Any interest or other investment proceeds	2283
earned on money in the fund shall be credited to the fund and used	2284
to make payments in accordance with division (B) of this section.	2285

(D) Notwithstanding division (N) of section 5111.20 of the	2286
Revised Code, the Department of Job and Family Services, in making	2287
Medicaid payments to a nursing facility under sections 5111.20 to	2288
5111.32 of the Revised Code, shall exclude from a nursing	2289
facility's other protected costs the cost of sixty-nine and	2290
seven-tenths per cent of the franchise permit fee that the nursing	2291
facility pays under section 3721.53 of the Revised Code for fiscal	2292
years 2002 and 2003 if the nursing facility receives payments	2293
under division (B)(2) of this section for sixty-nine and	2294
seven-tenths per cent of those franchise permit fees."	2295

Sec. 96.  RSC REHABILITATION SERVICES COMMISSION

2296

General Revenue Fund

2297

General Services Fund Group

2311

Federal Special Revenue Fund Group

2316

State Special Revenue Fund Group

2329

STAND CONCESSIONS FUND - CREDITING OF INCOME

2335

In crediting interest and other income earned on moneys	2336
deposited in the Stand Concessions Fund (Fund 467), the Treasurer	2337
of State and Director of Budget and Management shall ensure that	2338
the requirements of section 3304.35 of the Revised Code are met.	2339

PERSONAL CARE ASSISTANCE

2340

The foregoing appropriation item 415-401, Personal Care	2341
Assistance, shall be used in addition to Social Security	2342
reimbursement funds to provide personal care assistance services.	2343
These funds shall not be used in lieu of Social Security	2344
reimbursement funds.	2345

MR/DD SERVICES

2346

The foregoing appropriation item 415-404, MR/DD Services,	2347
shall be used as state matching funds to provide vocational	2348
rehabilitation services to mutually eligible clients between the	2349
Rehabilitation Services Commission and the Department of Mental	2350
Retardation and Developmental Disabilities. The Rehabilitation	2351
Services Commission shall report to the Department of Mental	2352
Retardation and Developmental Disabilities, as outlined in an	2353
interagency agreement, on the number and status of mutually	2354
eligible clients and the status of the funds and expenditures for	2355
these clients.	2356

VOCATIONAL REHABILITATION/JOB AND FAMILY SERVICES

2357

The foregoing appropriation item 415-405, Vocational	2358
Rehabilitation/Job and Family Services, shall be used as state	2359
matching funds to provide vocational rehabilitation services to	2360
mutually eligible clients between the Rehabilitation Services	2361
Commission and the Department of Job and Family Services. The	2362
Rehabilitation Services Commission shall report to the Department	2363
of Job and Family Services, as outlined in an interagency	2364
agreement, on the number and status of mutually eligible clients	2365
and the status of the funds and expenditures for these clients.	2366

ASSISTIVE TECHNOLOGY

2367

The foregoing appropriation item 415-406, Assistive	2368
Technology, shall be provided to Assistive Technology of Ohio and	2369
shall be used only to provide grants under that program. No	2370
amount of the appropriation may be used for administrative costs.	2371

OFFICE FOR PEOPLE WITH BRAIN INJURY

2372

Of the foregoing appropriation item 415-431, Office for	2373
People with Brain Injury, $100,000 in each fiscal year shall be	2374
used for the state match for a federal grant awarded through the	2375
Traumatic Brain Injury Act, Pub. L. No. 104-166, and $50,000 in	2376
fiscal year 2002 and $50,000 in fiscal year 2003 shall be provided	2377
to the Brain Injury Trust Fund. The remaining appropriation in	2378
this item shall be used to plan and coordinate head-injury-related	2379
services provided by state agencies and other government or	2380
private entities, to assess the needs for such services, and to	2381
set priorities in this area.	2382

SERVICES FOR PEOPLE WITH DISABILITIES

2383

On verification of the receipt of revenue in Fund 3W2, Title	2384
XX Vocational Rehabilitation, the Director of Budget and	2385
Management shall transfer those funds to the General Revenue Fund.	2386
The transferred funds are appropriated to appropriation item	2387
415-506, Services for People with Disabilities. The foregoing	2388
appropriation item 415-506, Services for People with Disabilities,	2389
includes transferred funds of $600,000 in fiscal year 2002 and	2390
$897,052 in fiscal year 2003.	2391

SERVICES FOR THE DEAF

2392

The foregoing appropriation item 415-508, Services for the	2393
Deaf, shall be used to supplement Social Security reimbursement	2394
funds used to provide grants to community centers for the deaf.	2395
These funds shall not be used in lieu of Social Security	2396
reimbursement funds.	2397

SERVICES FOR THE ELDERLY

2398

The foregoing appropriation item 415-509, Services for the	2399
Elderly, shall be used as matching funds for vocational	2400
rehabilitation services for eligible elderly citizens with a	2401
disability.	2402

SOCIAL SECURITY REIMBURSEMENT FUNDS

2403

Reimbursement funds received from the Social Security	2404
Administration, United States Department of Health and Human	2405
Services, for the costs of providing services and training to	2406
return disability recipients to gainful employment, shall be used	2407
in the Social Security Reimbursement Fund (Fund 3L1), as follows:	2408

(A) Appropriation item 415-601, Social Security Personal	2409
Care Assistance, to provide personal care services in accordance	2410
with section 3304.41 of the Revised Code;	2411

(B) Appropriation item 415-605, Social Security Community	2412
Centers for the Deaf, to provide grants to community centers for	2413
the deaf in Ohio for services to individuals with hearing	2414
impairments;	2415

(C) Appropriation item 415-607, Social Security	2416
Administration Cost, to provide administrative services needed to	2417
administer the Social Security reimbursement program;	2418

(D) Appropriation item 415-608, Social Security Special	2419
Programs/Assistance, to provide vocational rehabilitation services	2420
to individuals with severe disabilities, who are Social Security	2421
beneficiaries, to achieve competitive employment. This item also	2422
includes funds to assist the Personal Care Assistance, Community	2423
Centers for the Deaf, and Independent Living Programs to pay their	2424
share of indirect costs as mandated by federal OMB Circular A-87.	2425

(E) Appropriation item 415-610, Social Security Vocational	2426
Rehabilitation, to provide vocational rehabilitation services to	2427
individuals with severe disabilities to achieve a noncompetitive	2428
employment goal such as homemaker.	2429

ADMINISTRATIVE EXPENSES

2430

The foregoing appropriation item 415-606, Administrative	2431
Expenses, shall be used to support the administrative functions of	2432
the commission related to the provision of vocational	2433
rehabilitation, disability determination services, and ancillary	2434
programs.	2435

INDEPENDENT LIVING COUNCIL

2436

The foregoing appropriation items 415-402, Independent Living	2437
Council, shall be used to fund the operations of the State	2438
Independent Living Council.	2439

MENTAL HEALTH SERVICES

2440

The foregoing appropriation item 415-403, Mental Health	2441
Services, shall be used for the provision of vocational	2442
rehabilitation services to mutually eligible consumers of the	2443
Rehabilitation Services Commission and the Department of Mental	2444
Health.	2445

The Department of Mental Health shall receive a quarterly	2446
report from the Rehabilitation Services Commission stating the	2447
numbers served, numbers placed in employment, average hourly wage,	2448
and average hours worked.	2449

INDEPENDENT LIVING SERVICES

2450

The foregoing appropriation items 415-520, Independent Living	2451
Services, and 415-612, Federal-Independent Living Centers or	2452
Services, shall be used to support state independent living	2453
centers or independent living services pursuant to Title VII of	2454
the Independent Living Services and Centers for Independent Living	2455
of the Rehabilitation Act Amendments of 1992, 106 Stat. 4344, 29	2456
U.S.C. 796d.	2457

INDEPENDENT LIVING/VOCATIONAL REHABILITATION PROGRAMS

2458

The foregoing appropriation item 415-617, Independent	2459
Living/Vocational Rehabilitation Programs, shall be used to	2460
support vocational rehabilitation programs, including, but not	2461
limited to, Projects with Industry and Training Grants.	2462

Section 4. That existing Sections 13.04, 28.02, 41, 41.10,	2463
44.02, 44.12, 56, 56.01, 63, 63.09, 63.10, 63.11, 63.15, 63.36,	2464
63.37, and 96 of Am. Sub. H.B. 94 of the 124th General Assembly	2465
are hereby repealed.	2466

Section 5. Section 175.21 of the Revised Code, as amended by	2467
this act, shall take effect September 5, 2001.	2468

Section 6. Taxes imposed pursuant to Chapter 5748. of the	2469
Revised Code that otherwise meet the requirements established	2470
under division (A)(2) of Section 201 of Am. Sub. H.B. 94 of the	2471
124th General Assembly shall be eligible for treatment as	2472
"qualifying delinquent taxes" under Section 201 of that act. For	2473
such purpose, "taxpayer", as used in that section, shall include	2474
any individual or other person subject to the tax imposed under	2475
Chapter 5748. of the Revised Code. Notwithstanding division (D) of	2476
Section 201 of Am. Sub. H.B. 94 of the 124th General Assembly,	2477
qualifying delinquent taxes and interest thereon collected	2478
pursuant to this section shall be credited and distributed as	2479
required under divisions (C) and (D) of section 5747.03 of the	2480
Revised Code.	2481

Section 7.  This act is hereby declared to be an emergency	2482
measure necessary for the immediate preservation of the public	2483
peace, health, and safety. The necessity occurs because errors in	2484
Am. Sub. H.B. 94 of the 124th General Assembly, the recently	2485
enacted biennial operating budget measure, need to be cured at the	2486
earliest possible time in order to prevent or remedy legislatively	2487
unintended results. Therefore, this act shall go into immediate	2488
effect.	2489