REPRESENTATIVES Carey, Evans, Schmidt, Calvert, Hoops, Oakar, Webster, Allen, Fedor, Husted, Peterson, Widowfield, Barrett, Core, Faber

To amend sections 175.21 and 4507.52 and to enact

1

section 339.19 of the Revised Code and to amend

2

Sections 13.04, 28.02, 44.02, 44.12, and 63.09 of

3

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

4

change a scheduled deputy registrar fee increase

5

relative to duplicate or replacement identification

6

cards from $3.75 to $2.75, to make other

7

budget-related corrections, to provide for the

8

continued operation of any county tuberculosis

9

hospital that existed on the effective date of Sub.

10

S.B. 173 of the 123rd General Assembly, to make an

11

appropriation, and to declare an emergency.

12

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

Section 1. That sections 175.21 and 4507.52 be amended and	13
section 339.19 of the Revised Code be enacted to read as follows:	14

Sec. 175.21.  (A) The low- and moderate-income housing trust	15
fund is hereby created in the state treasury. The fund shall	16
consist of all appropriations, grants, gifts, loan repayments, and	17
contributions of money made from any source to the department of	18
development for the fund. All investment earnings of the fund	19
shall be credited to the fund. The director of development shall	20
allocate a portion of the money in the fund to an account of the	21
Ohio housing finance agency. The department shall administer the	22
fund. The agency shall use money allocated to it in the fund for	23
implementing and administering its programs and duties under	24
sections 175.22 and 175.24 of the Revised Code, and the department	25
shall use the remaining money in the fund for implementing and	26
administering its programs and duties under sections 175.22 to	27
175.25 of the Revised Code. Use of all money in the fund is	28
subject to the following restrictions: forty-five per cent of the	29
amount of funds awarded during any one fiscal year shall be used	30
to make grants and loans to nonprofit organizations under section	31
175.22 of the Revised Code, not less than forty-fivefifty per	32
cent of the amount of funds awarded during any one fiscal year	33
shall be used to make grants and loans for activities that will	34
provide housing and housing assistance to families and individuals	35
in rural areas and small cities that would not be eligible to	36
participate as a participating jurisdiction under the "HOME	37
Investment Partnerships Act," 104 Stat. 4094 (1990), 42 U.S.C.	38
12701 note, 12721, no more than sixfive per cent of the money in	39
the fund shall be used for administration, and no money in the	40
fund shall be used to pay for any legal services other than the	41
usual and customary legal services associated with the acquisition	42
of housing. Except as otherwise provided by the director under	43
division (B) of this section, money in the fund may be used as	44
matching money for federal funds received by the state, counties,	45
municipal corporations, and townships for the activities listed in	46
section 175.22 of the Revised Code.	47

(B) If after the second quarter of any year it appears to	48
the director that the full amount of the money in the low- and	49
moderate-income housing trust fund designated in that year for	50
activities that will provide housing and housing assistance to	51
families and individuals in rural areas and small cities under	52
division (A) of this section will not be so used, the director may	53
reallocate all or a portion of that amount for other housing	54
activities. In determining whether or how to reallocate money	55
under this division, the director may consult with and shall	56
receive advice from the housing trust fund advisory committee.	57

Sec. 339.19. Notwithstanding the amendment of sections	58
339.38, 339.39, 339.42, and 339.43 of the Revised Code, the repeal	59
of sections 339.20, 339.21, 339.22, 339.23, 339.231, 339.24,	60
339.25, 339.26, 339.27, 339.28, 339.29, 339.30, 339.31, 339.32,	61
339.33, 339.34, 339.35, 339.36, 339.37, 339.40, 339.41, 339.45,	62
339.46, and 339.99 of the Revised Code, and any other changes made	63
by Substitute Senate Bill No. 173 of the 123rd general assembly	64
relative to the establishment, maintenance, and operation of a	65
county tuberculosis hospital, a county tuberculosis hospital that	66
was operating under those sections on the effective date of that	67
act, October 10, 2000, may continue to exist and operate on and	68
after that date as though the provisions of those sections were	69
neither amended nor repealed and had remained in full force and	70
effect.	71

Sec. 4507.52.  Each identification card issued by the	72
registrar of motor vehicles or a deputy registrar shall display a	73
distinguishing number assigned to the cardholder, and shall	74
display the following inscription:	75

"STATE OF OHIO IDENTIFICATION CARD

76

This card is not valid for the purpose of operating a motor	77
vehicle. It is provided solely for the purpose of establishing	78
the identity of the bearer described on the card, who currently is	79
not licensed to operate a motor vehicle in the state of Ohio."	80

The identification card shall display substantially the same	81
information as contained in the application and as described in	82
division (A)(1) of section 4507.51 of the Revised Code, including	83
the cardholder's social security number unless the cardholder	84
specifically requests that the cardholder's social security number	85
not be displayed on the card. If federal law requires the	86
cardholder's social security number to be displayed on the	87
identification card, the social security number shall be displayed	88
on the card notwithstanding a request to not display the number	89
pursuant to this section. The identification card also shall	90
display the color photograph of the cardholder. If the cardholder	91
has executed a durable power of attorney for health care or a	92
declaration governing the use or continuation, or the withholding	93
or withdrawal, of life-sustaining treatment and has specified that	94
the cardholder wishes the identification card to indicate that the	95
cardholder has executed either type of instrument, the card also	96
shall display any symbol chosen by the registrar to indicate that	97
the cardholder has executed either type of instrument. The card	98
shall be sealed in transparent plastic or similar material and	99
shall be so designed as to prevent its reproduction or alteration	100
without ready detection.	101

The identification card for persons under twenty-one years of	102
age shall have characteristics prescribed by the registrar	103
distinguishing it from that issued to a person who is twenty-one	104
years of age or older, except that an identification card issued	105
to a person who applies no more than thirty days before the	106
applicant's twenty-first birthday shall have the characteristics	107
of an identification card issued to a person who is twenty-one	108
years of age or older.	109

Every identification card issued to a resident of this state	110
shall expire, unless canceled or surrendered earlier, on the	111
birthday of the cardholder in the fourth year after the date on	112
which it is issued. Every identification card issued to a	113
temporary resident shall expire in accordance with rules adopted	114
by the registrar and is nonrenewable, but may be replaced with a	115
new identification card upon the applicant's compliance with all	116
applicable requirements. A cardholder may renew the cardholder's	117
identification card within ninety days prior to the day on which	118
it expires by filing an application and paying the prescribed fee	119
in accordance with section 4507.50 of the Revised Code.	120

If a cardholder applies for a driver's or commercial driver's	121
license in this state or another licensing jurisdiction, the	122
cardholder shall surrender the cardholder's identification card to	123
the registrar or any deputy registrar before the license is	124
issued.	125

If a card is lost, destroyed, or mutilated, the person to	126
whom the card was issued may obtain a duplicate by doing both of	127
the following:	128

(A) Furnishing suitable proof of the loss, destruction, or	129
mutilation to the registrar or a deputy registrar;	130

(B) Filing an application and presenting documentary	131
evidence under section 4507.51 of the Revised Code.	132

Any person who loses a card and, after obtaining a duplicate,	133
finds the original, immediately shall surrender the original to	134
the registrar or a deputy registrar.	135

A cardholder may obtain a replacement identification card	136
that reflects any change of the cardholder's name by furnishing	137
suitable proof of the change to the registrar or a deputy	138
registrar and surrendering the cardholder's existing card.	139

When a cardholder applies for a duplicate or obtains a	140
replacement identification card, the cardholder shall pay a fee of	141
two dollars and fifty cents. A deputy registrar shall be allowed	142
an additional fee of threetwo dollars and seventy-five cents	143
commencing on July 1, 2001, three dollars and twenty-five cents	144
commencing on January 1, 2003, and three dollars and fifty cents	145
commencing on January 1, 2004, for issuing a duplicate or	146
replacement identification card. A disabled veteran who is a	147
cardholder and has a service-connected disability rated at one	148
hundred per cent by the veterans' administration may apply to the	149
registrar or a deputy registrar for the issuance of a duplicate or	150
replacement identification card without payment of any fee	151
prescribed in this section, and without payment of any lamination	152
fee if the disabled veteran would not be required to pay a	153
lamination fee in connection with the issuance of an	154
identification card or temporary identification card as provided	155
in division (B) of section 4507.50 of the Revised Code.	156

A duplicate or replacement identification card shall expire	157
on the same date as the card it replaces.	158

The registrar shall cancel any card upon determining that the	159
card was obtained unlawfully, issued in error, or was altered. The	160
registrar also shall cancel any card that is surrendered to the	161
registrar or to a deputy registrar after the holder has obtained a	162
duplicate, replacement, or driver's or commercial driver's	163
license.	164

No agent of the state or its political subdivisions shall	165
condition the granting of any benefit, service, right, or	166
privilege upon the possession by any person of an identification	167
card. Nothing in this section shall preclude any publicly	168
operated or franchised transit system from using an identification	169
card for the purpose of granting benefits or services of the	170
system.	171

No person shall be required to apply for, carry, or possess	172
an identification card.	173

(C) Except in regard to an identification card issued to a	174
person who applies no more than thirty days before the applicant's	175
twenty-first birthday, neither the registrar nor any deputy	176
registrar shall issue an identification card to a person under	177
twenty-one years of age that does not have the characteristics	178
prescribed by the registrar distinguishing it from the	179
identification card issued to persons who are twenty-one years of	180
age or older.	181

Section 2. That existing sections 175.21 and 4507.52 of the	182
Revised Code are hereby repealed.	183

Section 3. That Sections 13.04, 28.02, 44.02, 44.12, and	184
63.09 of Am. Sub. H.B. 94 of the 124th General Assembly be amended	185
to read as follows:	186

"       Sec. 13.04. MINORITY AFFAIRS

187

The foregoing appropriation item 100-451, Minority Affairs,	188
shall be used to establish minority affairs programs within the	189
Equal Opportunity Division. The office shall provide an access	190
point and official representation to multi-cultural communities;	191
research and reports on multi-cultural issues; and educational,	192
governmental, and other services that foster multi-cultural	193
opportunities and understanding in the state of Ohio.	194

On July 1, 2001, or as soon as possible thereafter, the	195
Director of Administrative Services shall certify to the Director	196
of Budget and Management the unencumbered and unexpended cash	197
balance within GRF appropriation item 100-451, Minority Affairs,	198
for the completion of the predicate study. This amount is hereby	199
appropriated.	200

Sec. 28.02. TRANSFER OFINCREASES IN GRF FUNDSAPPROPRIATIONS	201
TO THE DEPARTMENT OF DEVELOPMENT	202

TheIf the director determines that unspent and unobligated	203
cash balances in the General Revenue Fund are sufficient to do so,	204
the Director of Budget and Management, at the request of the	205
Director of Development, may transferincrease by up to $25	206
million in unobligated, unspent GRF appropriations over the	207
biennium toappropriations in existing GRF appropriation items or	208
new appropriation items created by the Director of Budget and	209
Management for the Department of Development to support GRF-funded	210
economic development projects for which appropriations would not	211
otherwise be available. The amounts transferredSuch increases are	212
hereby appropriated.	213

COAL RESEARCH AND DEVELOPMENT FUND

214

Notwithstanding sections 1555.08 and 1555.15 of the Revised	215
Code, on July 1, 2001, or as soon as possible thereafter, the	216
Director of Budget and Management shall transfer all cash in the	217
Coal Research and Development Fund (Fund 046), which represents	218
investment earnings of that fund previously credited to that fund,	219
to the General Revenue Fund.	220

Sec. 44.02.  HEAD START

221

the Director of Budget and Management shall transfer	222
$76,156,175 from Fund 3W6, TANF Education, to the General Revenue	223
Fund. the Director of Budget and Management shall transfer	224
$98,843,825 from Fund 3W6, TANF Education, to the General Revenue	225
Fund. The transferred funds are appropriated for the appropriation	226
item 200-406, Head Start. The foregoing appropriation item	227
200-406, Head Start, includes transferred funds of $76,156,175 in	228
fiscal year 2002 and $98,843,825 in fiscal year 2003.	229

Of the foregoing appropriation item 200-406, Head Start,	230
$100,000 per fiscal year shall be used for the Read Baby Read Book	231
Club Program.	232

ThePursuant to the interagency agreement entered into	233
between the Department of Education and the Department of Job and	234
Family Services under division (A)(2) of section 5101.801 of the	235
Revised Code, the remainder of foregoing appropriation item	236
200-406, Head Start, shall be distributed by the Department of	237
Education to Head Start agencies. A "Head Start agency" means an	238
entity that has been approved to be an agency in accordance with	239
Section 641 (42 U.S.C. 9836) of the Head Start Act and amendments	240
thereto, or an entity designated for state Head Start funding	241
under this section. Participation in state-funded Head Start	242
programs is voluntary.	243

Moneys distributed under this heading shall not be used to	244
reduce expenditures from funds received by a Head Start agency	245
from any other sources. Section 3301.31 of the Revised Code does	246
not apply to funds distributed under this heading. In lieu of	247
section 3301.31 of the Revised Code, distribution of moneys under	248
this heading shall be as follows:	249

(A) In fiscal years 2002 and 2003, up to two per cent of the	250
appropriation may be used by the department for administrative	251
costs of complying with this section; developing program capacity;	252
and assisting programs with facilities planning, construction,	253
renovation, or lease agreements in combination with the Community	254
Development Finance Fund (CDFF). Up to $1,530,000 in fiscal year	255
2002 and up to $1,560,600 in fiscal year 2003 may be used for the	256
services of literacy specialist and training in early literacy for	257
Head Start classroom teachers and administrators to support the	258
OhioReads Initiative.	259

(B) The department shall provide an annual report to the	260
Governor, the Speaker of the House of Representatives, the	261
President of the Senate, the State Board of Education, Head Start	262
grantees, and other interested parties. The report shall include	263
the following:	264

(1) The number and per cent of eligible children by county	265
and by grantee;	266

(2) The amount of state funds received for continuation per	267
grantee;	268

(3) A summary of program performance on the state critical	269
performance indicators;	270

(4) A summary of developmental progress of children	271
participating in the state-funded Head Start program;	272

(5) Any other data reflecting the performance of Head Start	273
that the department considers pertinent.	274

(C) For purposes of this section, "eligible child" means a	275
child who is at least three years of age and not of compulsory	276
school age whose family earns no more than 100 per cent of the	277
federal poverty level, except as otherwise provided in this	278
division.	279

The Department of Education, in consultation with Head Start	280
grantees or their designated representatives, shall establish	281
criteria under which individual Head Start grantees may apply to	282
the department for a waiver to include as "eligible children"	283
those children from families earning up to 185 per cent of the	284
federal poverty level when the children otherwise qualify as	285
"eligible children" under this division.	286

In order to serve children whose families receive child care	287
subsidy and whose incomes do not exceed 185 per cent of the	288
federal poverty guidelines, Head Start grantees may enroll	289
children whose families receive child care subsidy from the Ohio	290
Department of Job and Family Services. Head Start grantees	291
providing full-day, full-year comprehensive services, or otherwise	292
meeting the child care needs of working families, may partner with	293
child care centers or family day care homes or may access child	294
care subsidy directly. This provision is to meet the child care	295
needs of low-income families who are working, in training or	296
education programs, or participating in Ohio Works First appproved	297
approved activities.	298

(D) After setting aside amounts to make any payments due	299
from the prior fiscal year, pursuant to the interagency agreement,	300
in fiscal years 2002 and 2003, funds shall only be distributed to	301
recipients of Head Start funds during the preceding fiscal year.	302
Awards under this division shall be based on a per-pupil formula	303
prescribed by the Department of Education and may be adjusted for	304
one-time start-up costs, actual months of program operation, or	305
the number of children enrolled and receiving services, as defined	306
by the Department of Education, reported during the first full	307
week of December, and may be increased by a reasonable percentage	308
for inflation to be determined by the Department of Education and	309
in accordance with this section. ThePursuant to the interagency	310
agreement, the department may redistribute dollars to programs	311
demonstrating an unmet need based on updated assessments of family	312
needs and community resources. In fiscal years 2002 and 2003, the	313
department may authorize recipients to carry over funds to the	314
subsequent fiscal year.	315

TheIn accordance with the interagency agreement, the	316
department may reallocate unobligated or unspent money to	317
participating Head Start agencies for: (1) facilities planning	318
grants and to leverage construction, renovation, or lease	319
agreements and for repair of critical deferred maintenance and	320
safety items in combination with the CDFF; (2) teacher	321
professional development and enhanced compensation in order to	322
meet the requirements of section 3301.311 of the Revised Code; (3)	323
meeting the documentation and reporting requirements and for	324
technical support in accordance with division (F) of this section;	325
and (4) expansion, improvement, or special projects to promote	326
excellence and innovation.	327

(E) Costs for developing and administering a Head Start	328
program may not exceed fifteen per cent of the total approved	329
costs of the programthe costs established in the interagency	330
agreement.	331

All recipients of funds shall maintain such fiscal control	332
and accounting procedures as may be necessary to ensure the	333
disbursement of, and accounting for, these funds in accordance	334
with section 5101.801 of the Revised Code. The control of funds	335
provided in this program, and title to property obtained	336
therefrom, shall be under the authority of the approved recipient	337
for purposes provided in the program. The approved recipient	338
shall administer and use such property and funds for the purposes	339
specified.	340

Each recipient shall furnish the department an annual audit	341
that includes the review of state funds received under this	342
section.	343

In conjunction with the required audit of federal Head Start	344
funds, the independent auditor shall examine state Head Start	345
funds in accordance with the federal regulations and agreed-upon	346
state procedures formulated by the department.	347

(F) The department shall prescribe target levels for	348
critical performance indicators for the purpose of assessing Head	349
Start programs. On-site reviews and follow-up visits shall be	350
based on grantee progress in meeting the prescribed target levels.	351

The Department of Education, in consultation with the	352
interested parties, including the state Department of Job and	353
Family Services, shall develop the criteria to be used by Head	354
Start grantees and delegate agencies with developing partnership	355
agreements.	356

The departmentDepartment of Education or the Department of	357
Job and Family Services may audit a Head Start agency's financial	358
and program records. Head Start agencies that have financial	359
practices not in accordance with standard accounting principles,	360
that fail to substantially meet the Head Start performance	361
standards, or that exhibit below-average performance shall be	362
subject to an on-site review.	363

The departmentDepartment of Education shall require	364
corrective plans of action for programs not achieving target	365
levels or financial and program standards. Action plans shall	366
include activities to be conducted by the grantee and timelines	367
for activities to be completed and timelines for additional data	368
submission to the department demonstrating targets have been met.	369
The Policy Council chairperson and the appropriate grantee board	370
official shall sign the corrective plans of action.	371

Head Start programs not meeting performance targets in	372
accordance with the plan of action and prescribed timelines may	373
have their funding reduced until targets are met, or have all	374
state funds withdrawn.	375

The department shall require school districts to collect	376
"preschool" information by program type. All data shall be	377
reported via the Education Management Information System (EMIS).	378

(G) The department shall develop prekindergarten reading and	379
mathematics content standards and model curricula. These	380
standards and curricula shall be made available to grantees. Head	381
Start grantees delegate agencies, and child care partners shall	382
document child progress, using a common instrument prescribed by	383
the department, and report results annually. The department shall	384
determine the dates for documenting and reporting.	385

(H) New agencies may be designated for state Head Start	386
funding if a Head Start agency voluntarily waives its right for	387
funding or is de-funded based on performance. In either event,	388
the grantee and delegate shall transfer control of title to	389
property, equipment, and remaining supplies obtained through this	390
program to the newly designated grantee and return any unexpended	391
funds to the department along with any reports prescribed by the	392
department.	393

Section 3313.646 of the Revised Code does not apply to funds	394
distributed under this section.	395

(I) It is the intent of the General Assembly that	396
appropriations for appropriation items 200-406, Head Start, and	397
200-408, Public Preschool, be available for transfer between Head	398
Start and public preschool programs so that unallocated funds may	399
be used between the two programs.	400

(J) The Department of Education shall comply with all TANF	401
requirements, including reporting requirements and timelines, as	402
specified in state and federal laws, federal regulations, state	403
rules, and the Title IV-A state plan, and is responsible for	404
payment of any adverse audit finding, final disallowance of	405
federal financial participation, or other sanction or penalty	406
issued by the federal government or other entity concerning these	407
funds. Having met all of the above requirements, the Department	408
shall have the authority to administer these funds in accordance	409
with its own rules and guidelines, including grant administration	410
procedures.The interagency agreement between the Department of	411
Education and the Department of Job and Family Services shall	412
establish conditions for the reimbursement of allowable Title IV-A	413
funds as specified in 42 U.S.C.A. 604(a), except that they may not	414
be "assistance" as defined in 45 C.F.R. 260.31(a). The benefits	415
and services shall be benefits and services that 45 C.F.R.	416
260.31(b) excludes from the definition of "assistance." The	417
interagency agreement also shall require that Head Start agencies	418
comply with requirements of Title IV-A of the "Social Security	419
Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, including	420
eligibility of individuals, reporting requirements, allowable	421
benefits and services, use of funds, and audit requirements, as	422
specified in state and federal laws, federal regulations, state	423
rules, federal office of management and budget circulars, and the	424
Title IV-A state plan. The Department of Education shall be	425
responsible for assuring that all Title IV-A funds are used solely	426
for purposes allowable under federal regulations, section 5101.801	427
of the Revised Code, and the Title IV-A state plan.	428

Sec. 44.12.  ADULT LITERACY EDUCATION

429

The foregoing appropriation item 200-509, Adult Literacy	430
Education, shall be used to support adult basic and literacy	431
education instructional programs and the State Literacy Resource	432
Center Program.	433

Of the foregoing appropriation item 200-509, Adult Literacy	434
Education, up to $543,150 in fiscal year 2002 and up to $554,013	435
in fiscal year 2003 shall be used for the support and operation of	436
the State Literacy Resource Center.	437

The remainder shall be used to continue to satisfy the state	438
match and maintenance of effort requirements for the support and	439
operation of the Department of Education-administered	440
instructional grant program for adult basic and literacy education	441
in accordance with the department's state plan for adult basic and	442
literacy education as approved by the State Board of Education and	443
the Secretary of the United States Department of Education.	444

AUXILIARY SERVICES

445

The foregoing appropriation item 200-511, Auxiliary Services,	446
shall be used by the State Board of Education for the purpose of	447
implementing section 3317.06 of the Revised Code. Of the	448
appropriation, up to $1,250,000 in fiscal year 2002 and up to	449
$1,500,000 in fiscal year 2003 may be used for payment of the	450
Post-Secondary Enrollment Options Program for nonpublic students	451
pursuant to section 3365.10 of the Revised Code.	452

STUDENT INTERVENTION SERVICES

453

The foregoing appropriation item 200-513, Student	454
Intervention Services, shall be used to assist districts providing	455
the intervention services specified in section 3313.608 of the	456
Revised Code. The Department of Education shall establish	457
guidelines for the use and distribution of these moneys in	458
accordance with the interagency agreement entered into between the	459
Department of Education and the Department of Job and Family	460
Services under division (A)(2) of section 5101.801 of the Revised	461
Code. School districts receiving funds from this appropriation	462
shall report to the Department of Education on how funds were	463
used.	464

the Director of Budget and Management shall transfer	465
$35,000,000 from Fund 3W6, TANF Education, to the General Revenue	466
Fund. The transferred funds are appropriated for the appropriation	467
item 200-513, Student Intervention Services. The foregoing	468
appropriation item 200-513, Student Intervention Services,	469
includes transferred funds of $35,000,000 in fiscal year 2003.	470

The Department of Education shall comply with all TANF	471
requirements, including reporting requirements and timelines, as	472
specified in state and federal laws, federal regulations, state	473
rules, and the Title IV-A state plan, and is responsible for	474
payment of any adverse audit finding, final disallowance of	475
federal financial participation, or other sanction or penalty	476
issued by the federal government or other entity concerning these	477
funds.	478

The interagency agreement between the Department of Education	479
and the Department of Job and Family Services shall establish	480
conditions for the reimbursement of allowable Title IV-A funds as	481
specified in 42 U.S.C.A. 604(a), except that they may not be	482
"assistance" as defined in 45 C.F.R. 260.31(a). The benefits and	483
services shall be benefits and services that 45 C.F.R. 260.31(b)	484
excludes from the definition of "assistance." The interagency	485
agreement also shall require that school districts receiving funds	486
from this appropriation comply with requirements of Title IV-A of	487
the "Social Security Act," 49 Stat 620 (1935), 42 U.S.C. 301, as	488
amended, including eligibility of individuals, reporting	489
requirements, allowable benefits and services, use of funds, and	490
audit requirements, as specified in state and federal laws,	491
federal regulations, state rules, federal office of management and	492
budget circulars, and the Title IV-A state plan. The Department	493
of Education shall be responsible for assuring that all Title IV-A	494
funds are used solely for purposes allowable under federal	495
regulations, section 5101.801 of the Revised Code, and the Title	496
IV-A state plan.	497

POST-SECONDARY/ADULT CAREER-TECHNICAL EDUCATION

498

The foregoing appropriation item 200-514,	499
Post-Secondary/Adult Career-Technical Education, shall be used by	500
the State Board of Education to provide post-secondary/adult	501
career-technical education under sections 3313.52 and 3313.53 of	502
the Revised Code.	503

Of the foregoing appropriation item 200-514,	504
Post-Secondary/Adult Career-Technical Education, up to $500,000 in	505
each fiscal year shall be allocated for the Ohio Career	506
Information System (OCIS) and used for the dissemination of career	507
information data to public schools, libraries, rehabilitation	508
centers, two- and four-year colleges and universities, and other	509
governmental units.	510

Of the foregoing appropriation item 200-514,	511
Post-Secondary/Adult Career-Technical Education, up to $40,000 in	512
each fiscal year shall be used for the statewide coordination of	513
the activities of the Ohio Young Farmers.	514

DISADVANTAGED PUPIL IMPACT AID

515

The foregoing appropriation item 200-520, Disadvantaged Pupil	516
Impact Aid, shall be distributed to school districts according to	517
section 3317.029 of the Revised Code. However, no money shall be	518
distributed for all-day kindergarten to any school district whose	519
three-year average formula ADM exceeds 17,500 but whose DPIA index	520
is not at least equal to 1.00 in each fiscal year, unless the	521
Department of Education certifies that sufficient funds exist in	522
this appropriation to make all other payments required by section	523
3317.029 of the Revised Code.	524

The Department of Education shall pay all-day, everyday	525
kindergarten funding to all school districts in fiscal year 2002	526
and fiscal year 2003 that qualified for and provided the service	527
in a preceding fiscal year pursuant to section 3317.029 of the	528
Revised Code, regardless of changes to such districts' DPIA	529
indexes in fiscal year 2002 and fiscal year 2003.	530

The Department of Education shall pay to community schools an	531
amount for all-day kindergarten if the school district in which	532
the student is entitled to attend school is eligible but does not	533
receive a payment for all-day kindergarten, pursuant to division	534
(B) of section 3314.13 of the Revised Code, and the student is	535
reported by the community school as enrolled in all-day	536
kindergarten at the community school.	537

Of the foregoing appropriation item 200-520, Disadvantaged	538
Pupil Impact Aid, up to $3,200,000 in fiscal year 2002 and up to	539
$3,300,000 in fiscal year 2003 shall be used for school breakfast	540
programs. Of these amounts, up to $500,000 shall be used each	541
year by the Department of Education to provide start-up grants to	542
rural school districts and to school districts with less than	543
1,500 ADM that start school breakfast programs. The remainder of	544
the appropriation shall be used to: (1) partially reimburse	545
school buildings within school districts that are required to have	546
a school breakfast program pursuant to section 3313.813 of the	547
Revised Code, at a rate decided by the department, for each	548
breakfast served to any pupil enrolled in the district; (2)	549
partially reimburse districts participating in the National School	550
Lunch Program that have at least 20 per cent of students who are	551
eligible for free and reduced meals according to federal	552
standards, at a rate decided by the department; and (3) to	553
partially reimburse districts participating in the National School	554
Lunch Program for breakfast served to children eligible for free	555
and reduced meals enrolled in the district, at a rate decided by	556
the department.	557

Of the portion of the funds distributed to the Cleveland City	558
School District under section 3317.029 of the Revised Code	559
calculated under division (F)(2) of that section, up to	560
$14,903,943 in fiscal year 2002 and up to $18,066,820 in fiscal	561
year 2003 shall be used to operate the pilot school choice program	562
in the Cleveland City School District pursuant to sections	563
3313.974 to 3313.979 of the Revised Code.	564

Of the foregoing appropriation item 200-520, Disadvantaged	565
Pupil Impact Aid, $1,000,000 in each fiscal year shall be used to	566
support dropout recovery programs administered by the Department	567
of Education, Jobs for Ohio's Graduates Program.	568

Sec. 63.09. TANF

569

TANF COUNTY INCENTIVES

570

Of the foregoing appropriation item 600-689, TANF Block	571
Grant, the Department of Job and Family Services may provide	572
financial incentives to those county departments of job and family	573
services that have exceeded performance standards adopted by the	574
state department, and where the board of county commissioners has	575
entered into a written agreement with the state department under	576
section 5101.21 of the Revised Code governing the administration	577
of the county department. Any financial incentive funds provided	578
pursuant to this division shall be used by the county department	579
for additional or enhanced services for families eligible for	580
assistance under Chapter 5107. or benefits and services under	581
Chapter 5108. of the Revised Code or, on request by the county and	582
approval by the Department of Job and Family Services, be	583
transferred to the Child Care and Development Fund or the Social	584
Services Block Grant. The county departments of job and family	585
services may retain and expend such funds without regard to the	586
state or county fiscal year in which the financial incentives were	587
earned or paid. Each county department of job and family services	588
shall file an annual report with the Department of Job and Family	589
Services providing detailed information on the expenditure of	590
these financial incentives and an evaluation of the effectiveness	591
of the county department's use of these funds in achieving	592
self-sufficiency for families eligible for assistance under	593
Chapter 5107. or benefits and services under Chapter 5108. of the	594
Revised Code.	595

TANF YOUTH DIVERSION PROGRAMS

596

Of the foregoing appropriation item 600-689, TANF Block	597
Grant, $19,500,000 in each fiscal year shall be allocated by the	598
Department of Job and Family Services to the counties according to	599
the allocation formula established in division (D) of section	600
5101.14 of the Revised Code. Of the funds allocated to each	601
county, up to half may be used for contract services for unruly	602
and misdemeanant diversionary programs.	603

The remaining funds not allocated for use in juvenile	604
diversion activities may be used by the county for other contract	605
child welfare services. In counties with separate departments of	606
job and family services and public children services agencies, the	607
county department of job and family services shall serve as a pass	608
through to the public children services agencies for these funds.	609
Separate public children services agencies receiving such funds	610
shall comply with all TANF requirements, including reporting	611
requirements and timelines, as specified in state and federal	612
laws, federal regulations, state rules, and the Title IV-A state	613
plan, and are responsible for payment of any adverse audit	614
finding, final disallowance of federal financial participation, or	615
other sanction or penalty issued by the federal government or	616
other entity concerning these funds.	617

Of the foregoing $19,500,000 set aside, any funds remaining	618
unspent on June 30, 2002, shall be carried forward and added to	619
the earmark for fiscal year 2003, and allocated to the counties	620
according to the allocation formula established in division (D) of	621
section 5101.14 of the Revised Code.	622

KINSHIP NAVIGATORS

623

Of the foregoing appropriation item 600-689, TANF Block	624
Grant, up to $3 million in each fiscal year shall be allocated by	625
the Department of Job and Family Services to county departments of	626
job and family services for the purpose of making allocations to	627
local public children services agencies to provide services in the	628
Kinship Navigation program. The allocation to county departments	629
of job and family services shall be based on the number of Ohio	630
works first cases in the county, and the number of children	631
seventeen years of age or younger in the county. The Department of	632
Job and Family Services shall develop an appropriate method of	633
reallocating these funds in each fiscal year among the county	634
deparmentsdepartments of job and family services, if they would	635
otherwise be unspent.	636

TANF FAITH-BASED CAPACITY-BUILDING PROGRAMS

637

From the foregoing appropriation item 600-689, TANF Block	638
Grant, up to $1,000,000 in each fiscal year shall be used to	639
support capacity-building efforts among faith-based organizations,	640
for the purpose of providing allowable services to TANF-eligible	641
individuals. Organizations receiving these funds shall comply	642
with all TANF requirements, and shall agree with the Department of	643
Job and Family Services on reporting requirements to be	644
incorporated into the grant agreement.	645

TANF EDUCATION

646

the Director of Budget and Management shall transfer	647
$35,000,000 in appropriation authority from appropriation item	648
600-689, TANF Block Grant (Fund 3V6), to Fund 3W6, TANF Education,	649
in the Department of Education, which is created in the State	650
Treasury. The transferred funds shall be used for the purpose of	651
providing allowable services to TANF-eligible individuals.	652

the Director of Budget and Management shall transfer	653
$76,156,175 from Fund 3V6, TANF Block Grant, to Fund 3W6, TANF	654
Education, in the Department of Education. the Director of Budget	655
and Management shall transfer $98,843,825 from Fund 3V6, TANF	656
Block Grant, to Fund 3W6, TANF Education, in the Department of	657
Education. The transferred funds shall be used for the purpose of	658
providing allowable services to TANF-eligible individuals. The	659
Department of Education shall comply with all TANF requirements,	660
including reporting requirements and timelines, as specified in	661
state and federal laws, federal regulations, state rules, and the	662
Title IV-A state plan, and is responsible for payment of any	663
adverse audit finding, final disallowance of federal financial	664
participation, or other sanction or penalty issued by the federal	665
government or other entity concerning these funds.	666

There is hereby established the Title IV-A Education Program	667
to be administered by the Department of Education in accordance	668
with an interagency agreement entered into with the Department of	669
Job and Family Services under division (A)(2) of section 5101.801	670
of the Revised Code. The program shall provide benefits and	671
services to TANF eligible individuals with incomes at or below 200	672
per cent of the federal poverty guidelines under a Title IV-A	673
program pursuant to the requirements of section 5101.801 of the	674
Revised Code. Upon approval by the Department of Job and Family	675
Services, the Department of Education shall adopt policies and	676
procedures establishing program requirements for eligibility,	677
services, fiscal accountability, and other criteria necessary to	678
comply with the provisions of Title IV-A of the "Social Security	679
Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended.	680

The Department of Job and Family Services shall reimburse the	681
General Revenue Fund through intrastate transfer vouchers for	682
allowable Title IV-A Head Start expenditures reported by the	683
Department of Education in fiscal year 2002 by amounts up to	684
$76,156,175 from Fund 3V6, TANF Block Grant, and in fiscal year	685
2003, up to $98,843,825 from Fund 3V6, TANF Block Grant. The	686
Department of Job and Family Services shall reimburse the General	687
Revenue Fund through intrastate transfer vouchers for allowable	688
Title IV-A student intervention services expenditures in fiscal	689
year 2003 up to $35,000,000 from Fund 3V6, TANF Block Grant.	690

COUNTY DEPARTMENTS OF JOB AND FAMILY SERVICES TITLE IV-A	691
ADULT LITERACY AND CHILD READING PROGRAMS	692

There is hereby established the Title IV-A Adult Literacy and	693
Child Reading Program to be administered by the county departments	694
of job and family services in accordance with division (B)(1) of	695
section 5101.801 of the Revised Code. The program shall provide	696
benefits and services to TANF-eligible individuals with incomes at	697
or below 200 per cent of the federal poverty guidelines under a	698
Title IV-A program pursuant to the requirements of section	699
5101.801 of the Revised Code. The county departments of job and	700
family services shall ensure program requirements for eligibility,	701
services, fiscal accountability, and other criteria necessary to	702
comply with the provisions of Title IV-A of the "Social Security	703
Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended, and ensure	704
that benefits and services are allowable uses of federal Title	705
IV-A funds as specified in 42 U.S.C.A. 604(a), except that they	706
may not be "assistance" as defined in 45 C.F.R. 260.31(a). The	707
benefits and services shall be benefits and services that 45	708
C.F.R. 260.31(b) excludes from the definition of "assistance."	709
From the foregoing appropriation item 600-689, TANF Block Grant,	710
up to $5,000,000 in each fiscal year shall be used to support	711
local adult literacy and child reading programs.	712

TALBERT HOUSE

713

In each fiscal year, the Director of Job and Family Services	714
shall provide $100,500 from appropriation item 600-689, TANF Block	715
Grant, to the HamilitonHamilton County Department of Job and	716
Family Services to contract with the Talbert House for the purpose	717
of providing allowable services to TANF-eligible individuals with	718
incomes at or below 200 per cent of the federal poverty	719
guidelines. The contract between the Hamilton County Department	720
of Job and Family Services and the Talbert House shall establish	721
conditions for the reimbursement of allowable Title IV-A	722
expenditures for services that are allowable uses of federal Title	723
IV-A funds as specified in 42 U.S.C.A. 604(a), except that they	724
may not be "assistance" as defined in 45 C.F.R. 260.31(a). The	725
benefits and services shall be benefits and services that 45	726
C.F.R. 260.31(b) excludes from the definition of "assistance." The	727
contract shall also require Talbert House to comply with	728
requirements of Title IV-A of the "Social Security Act," 110 Stat.	729
2113 (1996), 42 U.S.C. 601, as amended, including eligibility of	730
individuals, reporting requirements, allowable benefits and	731
services, use of funds, and audit requirements, as specified in	732
state and federal laws, federal regulations, state rules, federal	733
Office of Management and Budget circulars, and the Title IV-A	734
state plan.	735

MONTGOMERY COUNTY OUT-OF-SCHOOL YOUTH PROJECT

736

In each fiscal year, the Director of Job and Family Services	737
shall provide $1,000,000 from appropriation item 600-689, TANF	738
Block Grant, to the Montgomery County Department of Job and Family	739
Services to be used to support the Out-of-School Youth Project in	740
Montgomery County for the purpose of providing allowable services	741
to TANF-eligible individuals. The Montgomery County Department of	742
Job and Family Services and the Sinclair Community College shall	743
comply with all TANF requirements, including reporting	744
requirements and timelines, as specified in state and federal	745
laws, federal regulations, state rules, and the Title IV-A state	746
plan.	747

APPALACHIAN WORKFORCE DEVELOPMENT AND JOB TRAINING

748

From the foregoing appropriation item 600-689, TANF Block	749
Grant, the Director of Job and Family Services shall provide up to	750
$15,000,000 to be awarded to the county departments of job and	751
family services in the twenty-nine Appalachian counties,	752
contingent upon passage of H.B. 6 of the 124th General Assembly.	753
These funds shall be used by the county departments of job and	754
family services in coordination with the Governor's Office of	755
Appalachia, the Governor's Regional Economic Office, and local	756
development districts. These funds shall be used for the	757
following activities: workforce development and supportive	758
services; economic development; technology expansion, technical	759
assistance, and training; youth job training; organizational	760
development for workforce development partners; and improving	761
existing technology centers, workforce development, job creation	762
and retention, purchasing technology, and technology and	763
technology infrastructure upgrades.	764

As a condition on the use of these funds, each county	765
department of job and family services shall submit a plan for the	766
intended use of these funds to the Department of Job and Family	767
Services. The plan shall also be reviewed by the Governor's Office	768
of Appalachia, the Governor's Regional Economic Office, and local	769
development districts. Also as a condition on the use of these	770
funds, each county and contract agency shall acknowledge that	771
these funds are a one-time allocation, not intended to fund	772
services beyond September 30, 2002.	773

In fiscal year 2002, the TANF allocation to each of the	774
Appalachian counties shall not be less than the TANF allocation	775
amount for fiscal year 2001, as allocated according to the	776
methodology set forth in paragraph (I) of rule 5101-6-03 of the	777
Administrative Code.	778

The use of these funds shall comply with all TANF	779
requirements, including reporting requirements and timelines, as	780
specified in state and federal laws, federal regulations, state	781
rules, and the Title IV-A state plan.	782

CENTER FOR FAMILY AND CHILDREN

783

Of the foregoing appropriation item 600-689, TANF Block Brant	784
Grant, $150,000 in fiscal year 2002 shall be provided to the	785
Center for Family and Children.	786

TANF FAMILY PLANNING

787

The Director of Budget and Management shall transfer by	788
intrastate voucher, no later than the fifteenth day of July of	789
each fiscal year, cash from the General Revenue Fund,	790
appropriation item 600-410, TANF State, to General Services Fund	791
5C1 in the Department of Health, in an amount of $250,000 in each	792
fiscal year for the purpose of family planning services for	793
children or their families whose income is at or below 200 per	794
cent of the official poverty guideline.	795

TANF FEDERAL BLOCK GRANT FUNDS AND TRANSFERS

796

From the foregoing appropriation items 600-410, TANF State;	797
600-658, Child Support Collections; or 600-689, TANF Block Grant,	798
or a combination of these appropriation items, no less than	799
$369,040,735 in each fiscal year shall be allocated to county	800
departments of job and family services as follows:	801

Upon the request of the Department of Job and Family	811
Services, the Director of Budget and Management may seek	812
Controlling Board approval to increase appropriations in	813
appropriation item 600-689, TANF Block Grant, provided sufficient	814
Federal TANF Block Grant funds exist to do so, without any	815
corresponding decrease in other appropriation items. The	816
Department of Job and Family Services shall provide the Office of	817
Budget and Management and the Controlling Board with documentation	818
to support the need for the increased appropriation.	819

All transfers of moneys from or charges against TANF Federal	820
Block Grant awards for use in the Social Services Block Grant or	821
the Child Care and Development Block Grant from either unobligated	822
prior year appropriation authority in appropriation item 400-411,	823
TANF Federal Block Grant, or 600-411, TANF Federal Block Grant, or	824
from fiscal year 2002 and fiscal year 2003 appropriation authority	825
in item 600-689, TANF Block Grant, shall be done ten days after	826
the Department of Job and Family Services gives written notice to	827
the Office of Budget and Management. The Department of Job and	828
Family Services shall first provide the Office of Budget and	829
Management with documentation to support the need for such	830
transfers or charges for use in the Social Services Block Grant or	831
in the Child Care and Development Block Grant.	832

The Department of Job and Family Services shall in each	833
fiscal year of the biennium transfer the maximum amount of funds	834
from the federal TANF Block Grant to the federal Social Services	835
Block Grant as permitted under federal law. Not later than July	836
15, 2001, the Department of Job and Family Services shall draw	837
$60,000,000 in receipts from TANF funds that were transferred into	838
the Social Services Block Grant into State Special Revenue Fund	839
5Q8, in the Office of Budget and Management. Not later than June	840
1, 2002, the Director of Budget and Management shall determine the	841
amount of funds in State Special Revenue Fund 5Q8 that is needed	842
for the purpose of balancing the General Revenue Fund, and may	843
transfer that amount to the General Revenue Fund. Not later than	844
June 1, 2003, the Director of Budget and Management shall	845
determine the amount of funds in State Special Revenue Fund 5Q8	846
that is needed for the purpose of balancing the General Revenue	847
Fund, and may transfer that amount to the General Revenue Fund.	848
Any moneys remaining in State Special Revenue Fund 5Q8 on June 15,	849
2003, shall be transferred not later than June 20, 2003, to Fund	850
3V6, TANF Block Grant, in the Department of Job and Family	851
Services.	852

Before the thirtieth day of September of each fiscal year,	853
the Department of Job and Family Services shall file claims with	854
the United States Department of Health and Human Services for	855
reimbursement for all allowable expenditures for services provided	856
by the Department of Job and Family Services, or other agencies	857
that may qualify for Social Services Block Grant funding pursuant	858
to Title XX of the Social Security Act. The Department of Job and	859
Family Services shall deposit, into Fund 5E6, State Option Food	860
Stamps, $6 million, into Fund 5P4, TANF Child Welfare, $7.5	861
million, into Fund 3W5, Health Care Services, $500,000, into Fund	862
3W8, Hippy Program, $62,500, and into Fund 3W9, Adoption	863
Connection, $50,000 and deposit in fiscal year 2002, into Fund	864
3W2, Title XX Vocational Rehabilitation, $600,000, into Fund 162	865
in the Department of Natural Resources, $7,885,349, and into Fund	866
3W3, Adult Special Needs, $4,720,227 in receipts from TANF Block	867
Grant funds credited to the Social Services Block Grant. On	868
verification of the receipt of the above revenue, the funds	869
provided by these transfers shall be used as follows:	870

WELLNESS

892

The foregoing appropriation item 600-690, Wellness, shall be	893
used by county departments of job and family services for teen	894
pregnancy prevention programming. Local contracts shall be	895
developed between county departments of job and family services	896
and local family and children first councils for the	897
administration of TANF funding for this program."	898

Section 4. That existing Sections 13.04, 28.02, 44.02,	899
44.12, and 63.09 of Am. Sub. H.B. 94 of the 124th General Assembly	900
are hereby repealed.	901

Section 5. Section 175.21 of the Revised Code, as amended by	902
this act, shall take effect September 5, 2001.	903

Section 6.  This act is hereby declared to be an emergency	904
measure necessary for the immediate preservation of the public	905
peace, health, and safety. The necessity occurs because errors in	906
Am. Sub. H.B. 94 of the 124th General Assembly, the recently	907
enacted biennial operating budget measure, need to be cured at the	908
earliest possible time in order to prevent or remedy legislatively	909
unintended results. Therefore, this act shall go into immediate	910
effect.	911