As Reported by the Senate Finance and Financial Institutions Committee

124th General Assembly
Regular Session
2001-2002
Sub. H. B. No. 299


REPRESENTATIVES Carey, Evans, Schmidt, Calvert, Hoops, Oakar, Webster, Allen, Fedor, Husted, Peterson, Widowfield, Barrett, Core, Faber, Grendell, Seitz, Cates, Coates, Clancy, Schneider, Womer Benjamin, Flowers, Metzger, Young, Otterman

SENATORS Jacobson, White



A BILL
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 the4
Revised Code and to amend Sections 13.04, 28.02,5
41, 41.10, 44.02, 44.12, 56, 56.01, 63.09, 63.15,6
63.36, and 63.37 of Am. Sub. H.B. 94 of the 124th7
General Assembly to change a scheduled deputy8
registrar fee increase relative to duplicate or9
replacement identification cards from $3.75 to10
$2.75, to make other budget-related corrections, to11
provide for the continued operation of any county12
tuberculosis hospital that existed on the effective13
date of Sub. S.B. 173 of the 123rd General14
Assembly, to permit a school district to apply a15
"local donation contribution" toward a total or16
partial offset of its obligation to raise17
maintenance money, to return the imputed occupancy18
percentage for a nursing home's or ICF-MR's19
indirect care costs for fiscal 2003 from 87% to20
85%, to require the Department of Job and Family21
Services to use money in the Nursing Facility22
Stabilazation Fund to pay nursing facilities an23
amount equal to $1.50 per Medicaid day for fiscal24
years 2002 and 2003, to make an appropriation, and25
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 and29
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 in31
receipt of, or who are or become eligible to receive, a monthly32
allowance, pension, or other benefit effective prior to June 29,33
1955, which is payable or becomes payable pursuant to the34
provisions of sections 145.33 to 145.36 and 145.46 of the Revised35
Code, or an allowance payable at any time under an option elected36
by a member and effective prior to that date, shall be paid an37
increased allowance, pension, or benefit as follows:38

       (A) An amount determined by increasing the original39
allowance, pension, or benefit by the following percentages as40
determined by the calendar year in which the allowance, pension,41
or benefit became effective:42

Calendar Year Per Cent 43
Effective of Increase 44
1938-39 100 45
1940 94 46
1941 89 47
1942 77 48
1943 70 49
1944 68 50
1945 66 51
1946 55 52
1947 35 53
1948 23 54
1949 25 55
1950 23 56
1951 8 57
1952 4 58
1953 3 59
1954 2 60
Prior to June 29, 1955 2 61

       (B) If the amount of any allowance, pension, or other62
benefit is increased by division (A) of this section to an amount63
less than one hundred ten per cent of the present amount payable64
immediately prior to October 1, 1957, the present amount shall be65
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 a69
voluntary deposit made for additional annuity), together with the70
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 each73
person who retired on or before June 30, 1955 and is receiving age74
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 one76
hundred twenty dollars annually, notwithstanding the final average77
salary limitations in division (F)(A)(6) of section 145.33 and78
division (B) of section 145.36 of the Revised Code.79

       (E) Effective November 1, 1965, the allowances of each80
person who retired after June 30, 1955 and on or before October81
31, 1965 and is receiving age and service ofor disability82
benefits under sections 145.32, 145.33, 145.34, and 145.36 of the83
Revised Code shall be increased by one hundred twenty dollars84
annually, which when added to the allowance in effect on October85
31, 1965, shall not exceed the final average salary limitations86
found in division (F)(A)(6) of section 145.33 and division (B) of87
section 145.36 of the Revised Code, except that the increase shall88
not be less than seventy-two dollars annually.89

       (F) Beginning November 1, 1965, the monthly benefit payable90
under section 145.45 of the Revised Code shall be increased six91
dollars for each survivor beneficiary receiving a benefit on92
October 31, 1965 and for each successor to such benefit.93

       For the purposes of this section: (1) The total increase94
payable per month on or after November 1, 1965 to a retirant or95
beneficiary from one or more state systems shall not exceed the96
ten dollar increase as provided in this division, and (2) in all97
cases involving combined membership and service as provided for98
under section 145.37 of the Revised Code, only those cases which99
are being paid by the public employees retirement system shall be100
calculated under the provisions of this section.101

       On or before August 1, 1982, and on or before the first day102
of August in each year thereafter, the public employees retirement103
board shall certify to the treasurer of state the amount required104
to be paid in the preceding fiscal year under divisions (A) and105
(B) of this section. Upon receipt of this certification, the106
treasurer of state shall pay the amount certified. The amount107
received by the public employees retirement board shall be108
credited to the proper fund from which such additional payments109
are paid.110

       Sec. 145.326.  On and after December 31, 1971, all persons111
who retired and were eligible to receive a pension that was112
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 of114
such persons, the person designated by the deceased to receive115
payments under section 145.46 of the Revised Code, shall receive116
an additional monthly payment of two dollars for each year between117
the member's effective date of retirement or disability and118
December 31, 1971, or an additional fifty dollars, whichever is119
less. On or before the first day of August in 1980 and on or120
before the first day of August in each year thereafter, the public121
employees retirement board shall certify to the treasurer of state122
the amount required to be paid in the preceding fiscal year under123
this section. Upon receipt of such certification, the treasurer124
of state shall pay to the public employees retirement system the125
amount certified.126

       Sec. 145.3210.  (A) Effective July 1, 1981, each person127
eligible to receive an allowance, pension, or benefit pursuant to128
sections 145.33, 145.34, 145.36, 145.37, division (A) of section129
145.45, and section 145.46 of the Revised Code, that was based130
upon an award made effective before July 1, 1974, shall have his131
the person's monthly allowance, pension, or benefit increased by132
five per cent, except that the twelve-month sum of such increases133
shall not exceed five per cent of the first five thousand dollars134
of the annual allowance, pension, or benefit.135

       (B) Effective July 1, 1981, each person receiving or136
qualified to receive a benefit, pursuant to division (B) of137
section 145.45 of the Revised Code, that was effective on and138
after June 14, 1951, through August 26, 1970, shall receive an139
increase in such benefit of five per cent.140

       (C) The increases provided in divisions (A) and (B) of this141
section shall be applied to the benefit payable on and after July142
1, 1981.143

       (D) The increase in the monthly allowance, pension, or144
benefit provided in divisions (A) and (B) of this section shall be145
included in the calculation of additional benefits to recipients146
under section 145.323 of the Revised Code.147

       (E) The benefits provided in divisions (A) and (B) of this148
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 or151
before the first day of August in each year thereafter, the public152
employees retirement board shall certify to the treasurer of state153
the amount needed to pay the cost of the additional payments154
required under this section for the preceding fiscal year. Upon155
receipt of these certifications, the treasurer of state shall pay156
the amount certified.157

       Sec. 175.21.  (A) The low- and moderate-income housing trust158
fund is hereby created in the state treasury. The fund shall159
consist of all appropriations, grants, gifts, loan repayments, and160
contributions of money made from any source to the department of161
development for the fund. All investment earnings of the fund162
shall be credited to the fund. The director of development shall163
allocate a portion of the money in the fund to an account of the164
Ohio housing finance agency. The department shall administer the165
fund. The agency shall use money allocated to it in the fund for166
implementing and administering its programs and duties under167
sections 175.22 and 175.24 of the Revised Code, and the department168
shall use the remaining money in the fund for implementing and169
administering its programs and duties under sections 175.22 to170
175.25 of the Revised Code. Use of all money in the fund is171
subject to the following restrictions: forty-five per cent of the 172
amount of funds awarded during any one fiscal year shall be used173
to make grants and loans to nonprofit organizations under section174
175.22 of the Revised Code, not less than forty-fivefifty per175
cent of the amount of funds awarded during any one fiscal year176
shall be used to make grants and loans for activities that will177
provide housing and housing assistance to families and individuals178
in rural areas and small cities that would not be eligible to179
participate as a participating jurisdiction under the "HOME180
Investment Partnerships Act," 104 Stat. 4094 (1990), 42 U.S.C.181
12701 note, 12721, no more than sixfive per cent of the money in182
the fund shall be used for administration, and no money in the183
fund shall be used to pay for any legal services other than the184
usual and customary legal services associated with the acquisition185
of housing. Except as otherwise provided by the director under186
division (B) of this section, money in the fund may be used as187
matching money for federal funds received by the state, counties,188
municipal corporations, and townships for the activities listed in189
section 175.22 of the Revised Code.190

       (B) If after the second quarter of any year it appears to191
the director that the full amount of the money in the low- and192
moderate-income housing trust fund designated in that year for193
activities that will provide housing and housing assistance to194
families and individuals in rural areas and small cities under195
division (A) of this section will not be so used, the director may196
reallocate all or a portion of that amount for other housing197
activities. In determining whether or how to reallocate money198
under this division, the director may consult with and shall199
receive advice from the housing trust fund advisory committee.200

       Sec. 339.19. Notwithstanding the amendment of sections201
339.38, 339.39, 339.42, and 339.43 of the Revised Code, the repeal202
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 made206
by Substitute Senate Bill No. 173 of the 123rd general assembly207
relative to the establishment, maintenance, and operation of a208
county tuberculosis hospital, a county tuberculosis hospital that209
was operating under those sections on the effective date of that210
act, October 10, 2000, may continue to exist and operate on and211
after that date as though the provisions of those sections were212
neither amended nor repealed and had remained in full force and213
effect.214

       Sec. 3307.693.  On and after October 1, 1957, all persons in215
receipt of, or who are or become eligible to receive, a monthly216
allowance, pension, or other benefit effective prior to June 29,217
1955, which is payable or becomes payable pursuant to the218
provisions of former sections 3307.26, 3307.38, 3307.43, and219
3307.50 of the Revised Code, or an allowance payable at any time220
under an option elected by a member and effective prior to that221
date, shall be paid an increased allowance, pension, or benefit as222
follows:223

       (A) An amount determined by increasing the original224
allowance, pension, or benefit by the following percentages as225
determined by the calendar year in which the allowance, pension,226
or benefit became effective:227

Calendar Year Per Cent of 228
Effective Increase 229
1921-1939 100 230
1940 94 231
1941 89 232
1942 77 233
1943 70 234
1944 68 235
1945 66 236
1946 55 237
1947 35 238
1948 23 239
1949 25 240
1950 23 241
1951 8 242
1952 4 243
1953 3 244
1954 2 245
Prior to June 29, 1955 2 246

       (B) If the amount of any such allowance, pension, or other247
benefit is increased by division (A) of this section to an amount248
less than one hundred ten per cent of the present amount payable249
immediately prior to October 1, 1957, such present amount shall be250
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 a254
voluntary deposit made for additional annuity, or for purchase of255
out-of-state credit on or after June 25, 1945), together with the256
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 all259
persons who retired before June 30, 1955, and who are receiving260
benefits as of October 31, 1965, except those granted under former261
section 3307.49 of the Revised Code, shall be increased ten262
dollars per month, notwithstanding the seventy-five per cent final263
average salary limitation in former section 3307.38 of the Revised264
Code and the sixty per cent final average salary limitation in265
former section 3307.43 of the Revised Code.266

       (E) Effective November 1, 1965, the allowances of all267
persons who retired on or after June 30, 1955, and who are268
receiving benefits as of October 31, 1965, except those granted269
under former section 3307.49 of the Revised Code, but including270
allowances payable at any time under an option elected by a271
member, shall be increased by ten dollars per month, which when272
added to the allowance in effect on October 31, 1965, shall not273
exceed the seventy-five per cent final average salary limitation274
in former section 3307.38 of the Revised Code or the sixty per275
cent final average salary limitation in former section 3307.43 of276
the Revised Code, provided that the increase shall not be less277
than six dollars per month.278

       (F) Beginning November 1, 1965, the monthly benefit payable279
under division (C)(2) of former section 3307.49 of the Revised280
Code shall be increased six dollars for each survivor beneficiary281
receiving a benefit on October 31, 1965, and for each successor to282
such benefit. Beginning November 1, 1965, all survivor283
beneficiaries receiving benefits as of October 31, 1965, under284
division (C)(1) of former section 3307.49 of the Revised Code285
shall be increased six dollars per month.286

       On or before August 1, 1982, and on or before the first day287
of August in each year thereafter, the state teachers retirement288
board shall certify to the treasurer of state the amount required289
to be paid in the preceding fiscal year under divisions (A) and290
(B) of this section. Upon receipt of this certification, the291
treasurer of state shall pay the amount certified. The amount292
received by the state teachers retirement board shall be credited293
to the proper fund from which such additional payments are paid.294

       Sec. 3307.695.  On and after December 31, 1971, all persons295
who retired and were eligible to receive a pension that was296
payable prior to July 1, 1968, pursuant to former section 3307.38297
or 3307.43 of the Revised Code, or in the event of the death of298
such persons, the person designated by the deceased to receive299
payments under former section 3307.50 of the Revised Code, shall300
receive an additional monthly payment of two dollars for each year301
between the member's effective date of retirement or disability302
and December 31, 1971, or an additional fifty dollars, whichever303
is less. On or before the first day of August in 1980 and on or304
before the first day of August in each year thereafter, the state305
teachers retirement board shall certify to the treasurer of state306
the amount required to be paid in the preceding fiscal year under307
this section. Upon receipt of such certification, the treasurer308
of state shall pay to the state teachers retirement system the309
amount certified.310

       Sec. 3307.698.  (A) Effective July 1, 1981, each person311
eligible to receive an allowance, pension, or benefit pursuant to312
former sections 3307.38, 3307.41, 3307.43, division (C)(1) of313
former section 3307.49, and former section 3307.50 of the Revised314
Code that was based upon an award made effective before July 1,315
1974, shall have the person's monthly allowance, pension, or316
benefit increased by five per cent, except that the twelve-month317
sum of such increases shall not exceed five per cent of the first318
five thousand dollars of the annual allowance, pension, or319
benefit.320

       (B) Effective July 1, 1981, each person receiving or321
qualified to receive a benefit, pursuant to division (C)(2) of322
former section 3307.49 of the Revised Code, that was effective on323
and after June 14, 1951, through August 26, 1970, shall receive an324
increase in such benefit of five per cent.325

       (C) The increases provided in divisions (A) and (B) of this326
section shall be applied to the benefit payable on and after July327
1, 1981.328

       (D) The increase in the monthly allowance, pension, or329
benefit provided in divisions (A) and (B) of this section shall be330
included in the calculation of additional benefits to recipients331
under section 3307.67 of the Revised Code.332

       (E) The benefit provided in divisions (A) and (B) of this333
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 or336
before the first day of August in each year thereafter, the state337
teachers retirement board shall certify to the treasurer of state338
the amounts needed to pay the cost of the additional payments339
required under this section for the preceding fiscal year. Upon340
receipt of these certifications, the treasurer of state shall pay341
the amount certified.342

       Sec. 3309.371.  On and after October 1, 1957, all persons in343
receipt of, or who are or become eligible to receive, a monthly344
allowance, pension, or other benefit effective prior to June 29,345
1955, which is payable or becomes payable pursuant to sections346
3309.36 to 3309.38, 3309.40, and 3309.65 of the Revised Code, or347
an allowance payable at any time under an option elected by a348
member and effective prior to that date, shall be paid an349
increased allowance, pension, or benefit as follows:350

       (A) An amount determined by increasing the original351
allowance, pension, or benefit by the following percentages as352
determined by the calendar year in which the allowance, pension,353
or benefit became effective:354

Calendar Year Per Cent 355
Effective of Increase 356
1937 - 1939 100 357
1940 94 358
1941 89 359
1942 77 360
1943 70 361
1944 68 362
1945 66 363
1946 55 364
1947 35 365
1948 23 366
1949 25 367
1950 23 368
1951 8 369
1952 4 370
1953 3 371
1954 2 372
Prior to June 29, 1955 2 373

       (B) If the amount of any such allowance, pension, or other374
benefit is increased by division (A) of this section to an amount375
less than one hundred ten per cent of the present amount payable376
immediately prior to octoberOctober 1, 1957, such present amount377
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 a381
voluntary deposit made for additional annuity), together with the382
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 day385
of August in each year thereafter, the school employees retirement386
board shall certify to the treasurer of state the amount required387
to be paid in the preceding fiscal year under divisions (A) and388
(B) of this section. UPon receipt of this certification, the389
treasurer of state shall pay the amount certified. The amount390
received by the school employees retirement board shall be391
credited to the proper fund from which such additional payments392
are paid.393

       Sec. 3309.376.  On and after December 31, 1971, all persons394
who retired and were eligible to receive a pension that was395
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 the397
death of such persons, the person designated by the deceased to398
receive payments under section 3309.46 of the Revised Code, shall399
receive an additional monthly payment of two dollars for each year400
between the member's effective date of retirement or disability401
and December 31, 1971, or an additional fifty dollars, whichever402
is less. On or before the first day of August in 1980 and on or403
before the first day of August in each year thereafter, the school404
employees retirement board shall certify to the treasurer of state405
the amount required to be paid in the preceding fiscal year under406
this section. Upon receipt of such certification, the treasurer407
of state shall pay to the school employees retirement system the408
amount certified.409

       Sec. 3309.3710.  (A) Effective July 1, 1981, each person410
eligible to receive an allowance, pension, or benefit pursuant to411
sections 3309.35, 3309.36, 3309.38, 3309.40, division (A) of412
section 3309.45, and section 3309.46 of the Revised Code that was413
based upon an award made effective before July 1, 1974, shall have414
histhe person's monthly allowance, pension, or benefit increased415
by five per cent, except that the twelve-month sum of such416
increases shall not exceed five per cent of the first five417
thousand dollars of the annual allowance, pension, or benefit.418

       (B) Effective July 1, 1981, each person receiving or419
qualified to receive a benefit, pursuant to division (B) of420
section 3309.45 of the Revised Code, that was effective on and421
after June 14, 1951, through August 26, 1970, shall receive an422
increase in such benefit of five per cent.423

       (C) The increases provided in divisions (A) and (B) of this424
section shall be applied to the benefit payable on and after July425
1, 1981.426

       (D) The increase in the monthly allowance, pension, or427
benefit provided in divisions (A) and (B) of this section shall be428
included in the calculation of additional benefits to recipients429
under section 3309.374 of the Revised Code.430

       (E) The benefits provided in divisions (A) and (B) of this431
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 or434
before the first day of August in each year thereafter, the school435
employees retirement board shall certify to the treasurer of state436
the amount needed to pay the cost of the additional payments437
required under this section for the preceding fiscal year. Upon438
receipt of these certifications, the treasurer of state shall pay439
the amount certified.440

       Sec. 3318.084. (A) Notwithstanding anything to the contrary441
in Chapter 3318. of the Revised Code, a school district board may442
apply any local donated contribution toward theeither or both of443
the following:444

       (1) The district's portion of the basic project cost of a445
project under sections 3318.01 to 3318.20 of the Revised Code and446
may use such local donated contribution to reduce the amount of447
bonds the district otherwise must issue in order to receive state448
assistance under those sections;449

        (2) An offset of all or part of a district's obligation to450
levy the tax described in division (B) of section 3318.05 of the451
Revised Code, which shall be applied only in the manner prescribed452
in division (B) of this section.453

        (B) No school district board shall apply any local donated454
contribution under division (A)(2) of this section unless the Ohio455
school facilities commission first approves that application.456

        Upon the request of the school district board to apply457
local donated contribution under division (A)(2) of this section,458
the commission in consultation with the department of taxation459
shall determine the amount of total revenue that likely would be460
generated by one-half mill of the tax described in division (B) of461
section 3318.05 of the Revised Code over the entire462
twenty-three-year period required under that section and shall463
deduct from that amount any amount of local donated contribution464
that the board has committed to apply under division (A)(2) of465
this section. The commission then shall determine in consultation466
with the department of taxation the rate of tax over twenty-three467
years necessary to generate the amount of a one-half mill tax not468
offset by the local donated contribution. Notwithstanding469
anything to the contrary in section 3318.06, 3318.061, or 3318.361470
of the Revised Code, the rate determined by the commission shall471
be the rate for which the district board shall seek elector472
approval under those sections to meet its obligation under473
division (B) of section 3318.05 of the Revised Code. In the case474
of a complete offset of the district's obligation under division475
(B) of section 3318.05 of the Revised Code, the district shall not476
be required to levy the tax otherwise required under that section.477
At the end of the twenty-three-year period of the tax required478
under division (B) of section 3318.05 of the Revised Code, whether479
or not the tax is actually levied, the commission in consultation480
of the department of taxation shall recalculate the amount that481
would have been generated by the tax if it had been levied at482
one-half mill. If the total amount actually generated over that483
period from both the tax that was actually levied and any local484
donated contribution applied under division (A)(2) of this section485
is less than the amount that would have been raised by a one-half486
mill tax, the district shall pay any difference. If the total487
amount actually raised in such manner is greater than the amount488
that would have been raised by a one-half mill tax the difference489
shall be zero and no payments shall be made by either the district490
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 school494
district board by a source other than the state which the board495
has the authority to apply to the school district's project under496
sections 3318.01 to 3318.20 of the Revised Code and which the497
board has pledged for that purpose by resolution adopted by a498
majority of its members;499

       (B)(2) Any irrevocable letter of credit issued on behalf of500
a school district or any cash a school district has on hand,501
including any year-end operating fund balances, that can be spent502
for classroom facilities, either of which the school district503
board has encumbered for payment of the school district's share of504
its project under sections 3318.01 to 3318.20 of the Revised Code505
and either of which has been approved by the Ohio school506
facilities commission in consultation with the department of507
education.508

       (D) No state moneys shall be released for a project to which509
this section applies until any local donated local contribution510
authorized under this section is first deposited into the school511
district's project construction fund, if applied under division512
(A)(1) of this section, or into the district's capital and513
maintenance fund if applied under division (A)(2) of this section.514

       Sec. 4507.52.  Each identification card issued by the515
registrar of motor vehicles or a deputy registrar shall display a516
distinguishing number assigned to the cardholder, and shall517
display the following inscription:518

"STATE OF OHIO IDENTIFICATION CARD
519

       This card is not valid for the purpose of operating a motor520
vehicle. It is provided solely for the purpose of establishing521
the identity of the bearer described on the card, who currently is522
not licensed to operate a motor vehicle in the state of Ohio."523

       The identification card shall display substantially the same524
information as contained in the application and as described in525
division (A)(1) of section 4507.51 of the Revised Code, including526
the cardholder's social security number unless the cardholder527
specifically requests that the cardholder's social security number528
not be displayed on the card. If federal law requires the529
cardholder's social security number to be displayed on the530
identification card, the social security number shall be displayed531
on the card notwithstanding a request to not display the number532
pursuant to this section. The identification card also shall533
display the color photograph of the cardholder. If the cardholder534
has executed a durable power of attorney for health care or a535
declaration governing the use or continuation, or the withholding536
or withdrawal, of life-sustaining treatment and has specified that537
the cardholder wishes the identification card to indicate that the538
cardholder has executed either type of instrument, the card also539
shall display any symbol chosen by the registrar to indicate that540
the cardholder has executed either type of instrument. The card541
shall be sealed in transparent plastic or similar material and542
shall be so designed as to prevent its reproduction or alteration543
without ready detection.544

       The identification card for persons under twenty-one years of545
age shall have characteristics prescribed by the registrar546
distinguishing it from that issued to a person who is twenty-one547
years of age or older, except that an identification card issued548
to a person who applies no more than thirty days before the549
applicant's twenty-first birthday shall have the characteristics550
of an identification card issued to a person who is twenty-one551
years of age or older.552

       Every identification card issued to a resident of this state553
shall expire, unless canceled or surrendered earlier, on the554
birthday of the cardholder in the fourth year after the date on555
which it is issued. Every identification card issued to a556
temporary resident shall expire in accordance with rules adopted557
by the registrar and is nonrenewable, but may be replaced with a558
new identification card upon the applicant's compliance with all559
applicable requirements. A cardholder may renew the cardholder's560
identification card within ninety days prior to the day on which561
it expires by filing an application and paying the prescribed fee562
in accordance with section 4507.50 of the Revised Code.563

       If a cardholder applies for a driver's or commercial driver's564
license in this state or another licensing jurisdiction, the565
cardholder shall surrender the cardholder's identification card to566
the registrar or any deputy registrar before the license is567
issued.568

       If a card is lost, destroyed, or mutilated, the person to569
whom the card was issued may obtain a duplicate by doing both of570
the following:571

       (A) Furnishing suitable proof of the loss, destruction, or572
mutilation to the registrar or a deputy registrar;573

       (B) Filing an application and presenting documentary574
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 to577
the registrar or a deputy registrar.578

       A cardholder may obtain a replacement identification card579
that reflects any change of the cardholder's name by furnishing580
suitable proof of the change to the registrar or a deputy581
registrar and surrendering the cardholder's existing card.582

       When a cardholder applies for a duplicate or obtains a583
replacement identification card, the cardholder shall pay a fee of584
two dollars and fifty cents. A deputy registrar shall be allowed585
an additional fee of threetwo dollars and seventy-five cents586
commencing on July 1, 2001, three dollars and twenty-five cents587
commencing on January 1, 2003, and three dollars and fifty cents588
commencing on January 1, 2004, for issuing a duplicate or589
replacement identification card. A disabled veteran who is a590
cardholder and has a service-connected disability rated at one591
hundred per cent by the veterans' administration may apply to the592
registrar or a deputy registrar for the issuance of a duplicate or593
replacement identification card without payment of any fee594
prescribed in this section, and without payment of any lamination595
fee if the disabled veteran would not be required to pay a596
lamination fee in connection with the issuance of an597
identification card or temporary identification card as provided598
in division (B) of section 4507.50 of the Revised Code.599

       A duplicate or replacement identification card shall expire600
on the same date as the card it replaces.601

       The registrar shall cancel any card upon determining that the602
card was obtained unlawfully, issued in error, or was altered. The603
registrar also shall cancel any card that is surrendered to the604
registrar or to a deputy registrar after the holder has obtained a605
duplicate, replacement, or driver's or commercial driver's606
license.607

       No agent of the state or its political subdivisions shall608
condition the granting of any benefit, service, right, or609
privilege upon the possession by any person of an identification610
card. Nothing in this section shall preclude any publicly611
operated or franchised transit system from using an identification612
card for the purpose of granting benefits or services of the613
system.614

       No person shall be required to apply for, carry, or possess615
an identification card.616

       (C) Except in regard to an identification card issued to a617
person who applies no more than thirty days before the applicant's618
twenty-first birthday, neither the registrar nor any deputy619
registrar shall issue an identification card to a person under620
twenty-one years of age that does not have the characteristics621
prescribed by the registrar distinguishing it from the622
identification card issued to persons who are twenty-one years of623
age or older.624

       Sec. 4519.10.  (A) The purchaser of an off-highway625
motorcycle or all-purpose vehicle, upon application and proof of626
purchase, may obtain a temporary license placard for it. The627
application for such a placard shall be signed by the purchaser of628
the off-highway motorcycle or all-purpose vehicle. The temporary629
license placard shall be issued only for the applicant's use of630
the off-highway motorcycle or all-purpose vehicle to enable the631
applicant to operate it legally while proper title and a632
registration sticker are being obtained and shall be displayed on633
no other off-highway motorcycle or all-purpose vehicle. A634
temporary license placard issued under this section shall be in a635
form prescribed by the registrar of motor vehicles, shall differ636
in some distinctive manner from a placard issued under section637
4503.182 of the Revised Code, shall be valid for a period of638
thirty days from the date of issuance, and shall not be639
transferable or renewable. The placard either shall consist of or640
be coated with such material as will enable it to remain legible641
and relatively intact despite the environmental conditions to642
which the placard is likely to be exposed during the thirty-day643
period for which it is valid. The purchaser of an off-highway644
motorcycle or all-purpose vehicle shall attach the temporary645
license placard to it, in a manner prescribed by rules the646
registrar shall adopt, so that the placard numerals or letters are647
clearly visible.648

       The fee for a temporary license placard issued under this649
section shall be two dollars. If the placard is issued by a650
deputy registrar, the deputy registrar shall charge an additional651
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 deputy655
registrar shall transmit each two-dollar fee received by the656
deputy registrar under this section to the registrar, who shall657
pay the two dollars to the treasurer of state for deposit into the658
state bureau of motor vehicles fund established by section 4501.25659
of the Revised Code.660

       (B) The registrar may issue temporary license placards to a661
dealer to be issued to purchasers for use on vehicles sold by the662
dealer, in accordance with rules prescribed by the registrar. The663
dealer shall notify the registrar within forty-eight hours of664
proof of issuance on a form prescribed by the registrar.665

       The fee for each such placard issued by the registrar to a666
dealer shall be two dollars plus a fee of two dollars and667
twenty-fiveseventy-five cents commencing on July 1, 2001, three668
dollars and twenty-five cents commencing on January 1, 2003, and669
three dollars and fifty cents commencing on January 1, 2004.670

       Sec. 5505.171.  (A) All persons who retired and were671
eligible to receive a pension that was payable prior to July 1,672
1968, pursuant to division (A)(1) of section 5505.17 or division673
(B)(1) of section 5505.18 of the Revised Code, shall receive an674
additional monthly payment of two dollars for each year between675
the member's effective date of retirement or disability and676
December 31, 1971, or an additional fifty dollars, whichever is677
less.678

       On or before the first day of August in 1981 and on or before679
the first day of August in each year thereafter, the state highway680
patrol retirement board shall certify to the treasurer of state681
the amount required to be paid in the preceding fiscal year under682
this division. Upon receipt of such certification, the treasurer683
of state shall pay to the state highway patrol retirement system684
the amount certified.685

       (B) Each person who retired and was eligible to receive a686
pension, other than a reduced pension, that was payable prior to687
the effective date of this amendmentJune 30, 2000, pursuant to688
division (A) or (B) of section 5505.16 or division (B) of section689
5505.18 of the Revised Code shall have the pension recalculated by690
the board so that the person receives a monthly pension of not691
less than one thousand fifty dollars. Any pension increase692
resulting from a recalculation made under this division shall be693
included in the calculation of the additional benefit paid under694
section 5505.174 of the Revised Code.695

       (C) The pension of each person who is receiving a pension696
pursuant to division (B) of section 5505.16 of the Revised Code on697
June 5, 1996, of less than nine hundred dollars per month shall be698
increased to nine hundred dollars per month. Any increase under699
this division shall be included in the calculation of the700
additional benefit paid under section 5505.174 of the Revised701
Code.702

       Sec. 5505.173.  (A) Effective July 1, 1981, each person703
eligible to receive an age and service or disability pension,704
allowance, or benefit pursuant to Chapter 5505. of the Revised705
Code, that was based upon an award made effective before October706
1, 1974, shall have histhe person's monthly pension increased by707
five per cent of the first five thousand dollars of the annual708
pension, allowance, or benefit.709

       (B) Effective July 1, 1981, each person eligible to receive710
a survivor's benefit pursuant to Chapter 5505. of the Revised Code711
that was based upon an award made effective before July 1, 1981,712
shall have histhe person's monthly benefit increased by five per713
cent, except that the twelve-month sum of such increases shall not714
exceed five per cent of the first five thousand dollars of the715
annual benefit.716

       (C) The increases provided in divisions (A) and (B) of this717
section shall be applied to the benefit payable on and after July718
1, 1981.719

       (D) The benefits provided in divisions (A) and (B) of this720
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 or723
before the first day of August in each year thereafter, the state724
highway patrol retirement board shall certify to the treasurer of725
state the amounts needed to pay the cost of the additional726
payments required under this section for the preceding fiscal727
year. Upon receipt of these certifications, the treasurer of728
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 of732
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, 63.09, 63.15, 63.36, and 63.37 of Am. Sub. H.B.735
94 of the 124th General Assembly be amended to read as follows:736

       "       Sec. 13.04. MINORITY AFFAIRS737

       The foregoing appropriation item 100-451, Minority Affairs,738
shall be used to establish minority affairs programs within the739
Equal Opportunity Division. The office shall provide an access740
point and official representation to multi-cultural communities;741
research and reports on multi-cultural issues; and educational,742
governmental, and other services that foster multi-cultural743
opportunities and understanding in the state of Ohio.744

       On July 1, 2001, or as soon as possible thereafter, the745
Director of Administrative Services shall certify to the Director746
of Budget and Management the unencumbered and unexpended cash747
balance within GRF appropriation item 100-451, Minority Affairs,748
for the completion of the predicate study. This amount is hereby749
appropriated.750

       Sec. 28.02. TRANSFER OFINCREASES IN GRF FUNDSAPPROPRIATIONS751
TO THE DEPARTMENT OF DEVELOPMENT752

       TheIf the director determines that unspent and unobligated753
cash balances in the General Revenue Fund are sufficient to do so,754
the Director of Budget and Management, at the request of the755
Director of Development, may transferincrease by up to $25756
million in unobligated, unspent GRF appropriations over the757
biennium toappropriations in existing GRF appropriation items or758
new appropriation items created by the Director of Budget and759
Management for the Department of Development to support GRF-funded760
economic development projects for which appropriations would not761
otherwise be available. The amounts transferredSuch increases are762
hereby appropriated.763

       COAL RESEARCH AND DEVELOPMENT FUND764

       Notwithstanding sections 1555.08 and 1555.15 of the Revised765
Code, on July 1, 2001, or as soon as possible thereafter, the766
Director of Budget and Management shall transfer all cash in the767
Coal Research and Development Fund (Fund 046), which represents768
investment earnings of that fund previously credited to that fund,769
to the General Revenue Fund.770

       Sec. 41. DEV DEPARTMENT OF DEVELOPMENT771

General Revenue Fund772

GRF 195-100 Personal Services $ 2,651,334 $ 2,920,941 773
GRF 195-200 Maintenance $ 589,524 $ 601,314 774
GRF 195-300 Equipment $ 108,161 $ 110,324 775
GRF 195-401 Thomas Edison Program $ 20,000,000 $ 20,000,000 776
GRF 195-404 Small Business Development $ 2,452,342 $ 2,529,843 777
GRF 195-405 Minority Business Development Division $ 2,278,888 $ 2,297,314 778
GRF 195-406 Transitional and Permanent Housing $ 2,770,145 $ 2,770,155 779
GRF 195-407 Travel and Tourism $ 6,345,500 $ 6,448,399 780
GRF 195-408 Coal Research Development $ 562,551 $ 585,290 781
GRF 195-412 Business Development Grants $ 8,033,935 $ 9,092,851 782
GRF 195-414 First Frontier Match $ 490,000 $ 490,000 783
GRF 195-415 Regional Offices and Economic Development $ 6,420,675 $ 6,735,253 784
GRF 195-416 Governor's Office of Appalachia $ 5,466,954 $ 5,475,126 785
GRF 195-417 Urban/Rural Initiative $ 980,000 $ 980,000 786
GRF 195-422 Technology Action $ 14,000,000 $ 14,000,000 787
GRF 195-431 Community Development Corporation Grants $ 2,530,860 $ 2,530,860 788
GRF 195-432 International Trade $ 5,390,000 $ 5,551,700 789
GRF 195-434 Investment in Training Grants $ 12,500,000 $ 12,500,000 790
GRF 195-436 Labor/Management Cooperation $ 1,146,805 $ 1,152,752 791
GRF 195-440 Emergency Shelter Housing Grants $ 2,768,313 $ 2,841,441 792
GRF 195-441 Low and Moderate Income Housing $ 19,000,000 $ 19,000,000 793
GRF 195-497 CDBG Operating Match 794
State $ 1,208,576 $ 1,215,295 795
GRF 195-498 State Energy Match $ 153,558 $ 158,548 796
GRF 195-501 Appalachian Local Development Districts $ 453,962 $ 453,962 797
GRF 195-502 Appalachian Regional Commission Dues $ 219,912 $ 219,912 798
GRF 195-505 Utility Bill Credits $ 7,350,000 $ 7,350,000 799
GRF 195-507 Travel and Tourism Grants $ 1,250,000 $ 1,250,000 800
GRF 195-510 Issue 1 Implementation $ 1,000,000 $ 1,500,000 801
GRF 195-906 Coal Research and Development General Obligation Debt Service $ 8,971,700 $ 9,420,300 802
TOTAL GRF General Revenue Fund 803
State $ 137,093,695 $ 140,181,580 804

General Services Fund Group805

135 195-605 Supportive Services $ 9,038,988 $ 9,531,707 806
136 195-621 International Trade $ 100,000 $ 24,915 807
685 195-636 General Reimbursements $ 1,275,234 $ 1,323,021 808
TOTAL GSF General Services Fund 809
Group $ 10,414,222 $ 10,879,643 810

Federal Special Revenue Fund Group811

3K8 195-613 Community Development Block Grant $ 65,149,441 $ 65,088,961 812
3K9 195-611 Home Energy Assistance Block Grant $ 62,000,000 $ 62,000,000 813
3K9 195-614 HEAP Weatherization $ 10,412,041 $ 10,412,041 814
3L0 195-612 Community Services Block Grant $ 22,135,000 $ 22,135,000 815
3V1 195-601 HOME Program $ 40,000,000 $ 40,000,000 816
3X3 195-619 TANF Housing Program $ 5,200,000 $ 0 817
308 195-602 Appalachian Regional Commission $ 350,000 $ 350,200 818
308 195-603 Housing and Urban Development $ 5,000,000 $ 5,000,000 819
308 195-605 Federal Projects $ 7,855,501 $ 7,855,501 820
308 195-609 Small Business Administration $ 3,799,626 $ 3,799,626 821
308 195-618 Energy Federal Grants $ 2,803,560 $ 2,803,560 822
335 195-610 Oil Overcharge $ 8,500,000 $ 8,500,000 823
380 195-622 Housing Development Operating $ 4,507,212 $ 4,696,198 824
TOTAL FED Federal Special Revenue 825
Fund Group $ 232,512,381 $ 232,641,087 826
$ 237,712,381 827

State Special Revenue Fund Group828

4F2 195-639 State Special Projects $ 1,052,762 $ 1,079,082 829
4H4 195-641 First Frontier $ 600,000 $ 650,000 830
4S0 195-630 Enterprise Zone Operating $ 211,900 $ 211,900 831
4S1 195-634 Job Creation Tax Credit Operating $ 372,700 $ 375,800 832
4W1 195-646 Minority Business Enterprise Loan $ 2,572,960 $ 2,580,597 833
444 195-607 Water and Sewer Commission Loans $ 511,000 $ 523,775 834
445 195-617 Housing Finance Operating $ 3,782,808 $ 3,968,184 835
450 195-624 Minority Business Bonding Program Administration $ 13,232 $ 13,563 836
451 195-625 Economic Development Financing Operating $ 2,062,451 $ 2,143,918 837
5M4 195-659 Universal Service $ 160,000,000 $ 160,000,000 838
5M5 195-660 Energy Efficiency Revolving Loan $ 12,000,000 $ 12,000,000 839
611 195-631 Water and Sewer Administration $ 15,330 $ 15,713 840
617 195-654 Volume Cap Administration $ 200,000 $ 200,000 841
646 195-638 Low and Moderate Income Housing Trust Fund $ 21,539,552 $ 22,103,807 842
TOTAL SSR State Special Revenue 843
Fund Group $ 204,934,695 $ 205,866,339 844

Facilities Establishment Fund845

037 195-615 Facilities Establishment $ 56,701,684 $ 58,119,226 846
4Z6 195-647 Rural Industrial Park Loan $ 5,000,000 $ 5,000,000 847
5D1 195-649 Port Authority Bond Reserves $ 2,500,000 $ 2,500,000 848
5D2 195-650 Urban Redevelopment Loans $ 10,000,000 $ 10,475,000 849
5H1 195-652 Family Farm Loan Guarantee $ 2,246,375 $ 2,246,375 850
TOTAL 037 Facilities 851
Establishment Fund $ 76,448,059 $ 78,340,601 852

Coal Research/Development Fund853

046 195-632 Coal Research and Development Fund $ 12,847,178 $ 13,168,357 854
TOTAL 046 Coal Research/ 855
Development Fund $ 12,847,178 $ 13,168,357 856
TOTAL ALL BUDGET FUND GROUPS $ 679,450,230 $ 687,577,607 857
$ 684,650,230 858


       Sec. 41.10. EMERGENCY SHELTER HOUSING GRANTS860

       (A) As used in this section, "emergency shelter housing"861
means a structure suitable for the temporary housing of the862
homeless and the provision of, or referral to, supportive863
services. Shelters that restrict admission to victims of domestic864
violence, runaways, or alcohol or substance abusers shall not be865
considered emergency shelter housing.866

       (B) The foregoing appropriation item 195-440, Emergency867
Shelter Housing Grants, shall be used by the Office of Housing and868
Community Partnerships in the Department of Development to make869
grants to private, nonprofit organizations to provide emergency870
shelter housing for the homeless. The department shall distribute871
the grants pursuant to rules adopted by the Director of872
Development. The director may amend or rescind the rules and may873
adopt other rules necessary to implement this section. In awarding874
grants, the department shall give preference to organizations875
applying to fund existing emergency shelter housing.876

       The department shall notify each organization that applied877
for a grant under this section of the amount of its grant award,878
if any. To receive a grant, the organization shall provide879
matching funds equal to 50 per cent of the total grant it was880
awarded. The organization shall expend its grant for shelter881
operations and supportive services, which include employment882
assistance, case management, information and referral services,883
transportation, and clothing. In providing employment assistance,884
the organization shall, at a minimum, refer persons to the885
Department of Job and Family Services.886

       LOW AND MODERATE INCOME HOUSING887

       The Director of Budget and Management, after consulting with888
the Director of Development, shall transfer up to $19,000,000 from889
appropriation item 195-441, Low and Moderate Income Housing, to890
appropriation item 195-638, Low and Moderate Income Housing Trust891
Fund. This transfer shall be made via an intrastate transfer892
voucher.893

       UTILITY BILL CREDIT894

       The foregoing appropriation item 195-505, Utility Bill895
Credits, shall be used to provide utility and fuel assistance to896
eligible low-income Ohio households with elderly and disabled897
members.898

       TANF HOUSING PROGRAM899

       There is hereby established the TANF Housing Program to be900
administered by the Department of Development in accordance with901
an interagency agreement entered into with the Department of Job902
and Family Services under section 5101.801 of the Revised Code.903
The program shall provide benefits and services to TANF eligible904
individuals under a Title IV-A program pursuant to the905
requirements of section 5101.801 of the Revised Code.906

       The foregoing appropriation item 195-619, TANF Housing907
Program, shall be used to provide supportive services for908
low-income families related to housing or homelessness, including909
housing counseling; to provide grants to nonprofit organizations910
to assist Title IV-A eligible families with incomes at or below911
200 per cent of the federal poverty guidelines with down-payment912
assistance for homeownership or down-payment assistance toward the913
purchase of mobile homes, to provide emergency home repair funding914
for Title IV-A eligible families with incomes at or below 200 per915
cent of the federal poverty guidelines; to provide operating916
support for family emergency shelter programs; and to provide917
emergency rent and mortgage assistance for families with incomes918
at or below 200 per cent of the federal poverty guidelines. The919
funds shall not be used to match federal funds.920

       To the extent practicable and in order to prevent duplication921
of the provision of assistance, the Department of Development922
shall require applicants for these funds to provide evidence of923
collaboration with other county governmental entities, including,924
when appropriate, county job and family services departments.925

       The Department of Job and Family Services shall transfer into926
the TANF Housing Fund (3X3) of the Department of Development,927
which is hereby created, funds necessary to reimburse allowable928
TANF Housing Program expenditures as reported by the Department of929
Development. The transfer of funds shall be made by intrastate930
transfer vouchers processed against appropriation item 600-689,931
TANF Block Grant, of the Department of Job and Family Services and932
shall not exceed $5,200,000 in fiscal year 2002. The Controlling933
Board may approve additional transfers in fiscal year 2003934
pursuant to requests submitted by the Department of Job and Family935
Services after consultation with the Department of Development and936
approved by the Office of Budget and Management. The amounts937
transferred in fiscal year 2003 are hereby appropriated.938

       No more than five per cent of the transferred funds may be939
used by the Department of Development for the administrative940
expenses of this program.941

       The benefits and services provided under the TANF Housing942
Program shall not be ?assistance? as defined in 45 C.F.R.943
260.31(a), and shall be benefits and services that 45 C.F.R.944
260.31(b) excludes from the definition of assistance.945

       As used in this section, ?federal poverty guideline? means946
the poverty guideline as defined by the United States Office of947
Management and Budget and revised by the United States Secretary948
of Health and Human Services in accordance with section 673 of the949
"Community Services Block Grant Act,? 95 Stat. 511 (1981), 42950
U.S.C.A. 9902, as amended.951

       Sec. 44.02.  HEAD START952

       the Director of Budget and Management shall transfer953
$76,156,175 from Fund 3W6, TANF Education, to the General Revenue954
Fund. the Director of Budget and Management shall transfer955
$98,843,825 from Fund 3W6, TANF Education, to the General Revenue956
Fund. The transferred funds are appropriated for the appropriation957
item 200-406, Head Start. The foregoing appropriation item958
200-406, Head Start, includes transferred funds of $76,156,175 in959
fiscal year 2002 and $98,843,825 in fiscal year 2003.960

       Of the foregoing appropriation item 200-406, Head Start,961
$100,000 per fiscal year shall be used for the Read Baby Read Book962
Club Program.963

       ThePursuant to the interagency agreement entered into964
between the Department of Education and the Department of Job and965
Family Services under division (A)(2) of section 5101.801 of the966
Revised Code, the remainder of foregoing appropriation item967
200-406, Head Start, shall be distributed by the Department of968
Education to Head Start agencies. A "Head Start agency" means an969
entity that has been approved to be an agency in accordance with970
Section 641 (42 U.S.C. 9836) of the Head Start Act and amendments971
thereto, or an entity designated for state Head Start funding972
under this section. Participation in state-funded Head Start973
programs is voluntary.974

       Moneys distributed under this heading shall not be used to975
reduce expenditures from funds received by a Head Start agency976
from any other sources. Section 3301.31 of the Revised Code does977
not apply to funds distributed under this heading. In lieu of978
section 3301.31 of the Revised Code, distribution of moneys under979
this heading shall be as follows:980

       (A) In fiscal years 2002 and 2003, up to two per cent of the981
appropriation may be used by the department for administrative982
costs of complying with this section; developing program capacity;983
and assisting programs with facilities planning, construction,984
renovation, or lease agreements in combination with the Community985
Development Finance Fund (CDFF). Up to $1,530,000 in fiscal year986
2002 and up to $1,560,600 in fiscal year 2003 may be used for the987
services of literacy specialist and training in early literacy for988
Head Start classroom teachers and administrators to support the989
OhioReads Initiative.990

       (B) The department shall provide an annual report to the991
Governor, the Speaker of the House of Representatives, the992
President of the Senate, the State Board of Education, Head Start993
grantees, and other interested parties. The report shall include994
the following:995

       (1) The number and per cent of eligible children by county996
and by grantee;997

       (2) The amount of state funds received for continuation per998
grantee;999

       (3) A summary of program performance on the state critical1000
performance indicators;1001

       (4) A summary of developmental progress of children1002
participating in the state-funded Head Start program;1003

       (5) Any other data reflecting the performance of Head Start1004
that the department considers pertinent.1005

       (C) For purposes of this section, "eligible child" means a1006
child who is at least three years of age and not of compulsory1007
school age whose family earns no more than 100 per cent of the1008
federal poverty level, except as otherwise provided in this1009
division.1010

       The Department of Education, in consultation with Head Start1011
grantees or their designated representatives, shall establish1012
criteria under which individual Head Start grantees may apply to1013
the department for a waiver to include as "eligible children"1014
those children from families earning up to 185 per cent of the1015
federal poverty level when the children otherwise qualify as1016
"eligible children" under this division.1017

       In order to serve children whose families receive child care1018
subsidy and whose incomes do not exceed 185 per cent of the1019
federal poverty guidelines, Head Start grantees may enroll1020
children whose families receive child care subsidy from the Ohio1021
Department of Job and Family Services. Head Start grantees1022
providing full-day, full-year comprehensive services, or otherwise1023
meeting the child care needs of working families, may partner with1024
child care centers or family day care homes or may access child1025
care subsidy directly. This provision is to meet the child care1026
needs of low-income families who are working, in training or1027
education programs, or participating in Ohio Works First appproved1028
approved activities.1029

       (D) After setting aside amounts to make any payments due1030
from the prior fiscal year, pursuant to the interagency agreement,1031
in fiscal years 2002 and 2003, funds shall only be distributed to1032
recipients of Head Start funds during the preceding fiscal year.1033
Awards under this division shall be based on a per-pupil formula1034
prescribed by the Department of Education and may be adjusted for1035
one-time start-up costs, actual months of program operation, or1036
the number of children enrolled and receiving services, as defined1037
by the Department of Education, reported during the first full1038
week of December, and may be increased by a reasonable percentage1039
for inflation to be determined by the Department of Education and1040
in accordance with this section. ThePursuant to the interagency1041
agreement, the department may redistribute dollars to programs1042
demonstrating an unmet need based on updated assessments of family1043
needs and community resources. In fiscal years 2002 and 2003, the1044
department may authorize recipients to carry over funds to the1045
subsequent fiscal year.1046

       TheIn accordance with the interagency agreement, the1047
department may reallocate unobligated or unspent money to1048
participating Head Start agencies for: (1) facilities planning1049
grants and to leverage construction, renovation, or lease1050
agreements and for repair of critical deferred maintenance and1051
safety items in combination with the CDFF; (2) teacher1052
professional development and enhanced compensation in order to1053
meet the requirements of section 3301.311 of the Revised Code; (3)1054
meeting the documentation and reporting requirements and for1055
technical support in accordance with division (F) of this section;1056
and (4) expansion, improvement, or special projects to promote1057
excellence and innovation.1058

       (E) Costs for developing and administering a Head Start1059
program may not exceed fifteen per cent of the total approved1060
costs of the programthe costs established in the interagency1061
agreement.1062

       All recipients of funds shall maintain such fiscal control1063
and accounting procedures as may be necessary to ensure the1064
disbursement of, and accounting for, these funds in accordance1065
with section 5101.801 of the Revised Code. The control of funds1066
provided in this program, and title to property obtained1067
therefrom, shall be under the authority of the approved recipient1068
for purposes provided in the program. The approved recipient1069
shall administer and use such property and funds for the purposes1070
specified.1071

       Each recipient shall furnish the department an annual audit1072
that includes the review of state funds received under this1073
section.1074

       In conjunction with the required audit of federal Head Start1075
funds, the independent auditor shall examine state Head Start1076
funds in accordance with the federal regulations and agreed-upon1077
state procedures formulated by the department.1078

       (F) The department shall prescribe target levels for1079
critical performance indicators for the purpose of assessing Head1080
Start programs. On-site reviews and follow-up visits shall be1081
based on grantee progress in meeting the prescribed target levels.1082

       The Department of Education, in consultation with the1083
interested parties, including the state Department of Job and1084
Family Services, shall develop the criteria to be used by Head1085
Start grantees and delegate agencies with developing partnership1086
agreements.1087

       The departmentDepartment of Education or the Department of1088
Job and Family Services may audit a Head Start agency's financial1089
and program records. Head Start agencies that have financial1090
practices not in accordance with standard accounting principles,1091
that fail to substantially meet the Head Start performance1092
standards, or that exhibit below-average performance shall be1093
subject to an on-site review.1094

       The departmentDepartment of Education shall require1095
corrective plans of action for programs not achieving target1096
levels or financial and program standards. Action plans shall1097
include activities to be conducted by the grantee and timelines1098
for activities to be completed and timelines for additional data1099
submission to the department demonstrating targets have been met.1100
The Policy Council chairperson and the appropriate grantee board1101
official shall sign the corrective plans of action.1102

       Head Start programs not meeting performance targets in1103
accordance with the plan of action and prescribed timelines may1104
have their funding reduced until targets are met, or have all1105
state funds withdrawn.1106

       The department shall require school districts to collect1107
"preschool" information by program type. All data shall be1108
reported via the Education Management Information System (EMIS).1109

       (G) The department shall develop prekindergarten reading and1110
mathematics content standards and model curricula. These1111
standards and curricula shall be made available to grantees. Head1112
Start grantees delegate agencies, and child care partners shall1113
document child progress, using a common instrument prescribed by1114
the department, and report results annually. The department shall1115
determine the dates for documenting and reporting.1116

       (H) New agencies may be designated for state Head Start1117
funding if a Head Start agency voluntarily waives its right for1118
funding or is de-funded based on performance. In either event,1119
the grantee and delegate shall transfer control of title to1120
property, equipment, and remaining supplies obtained through this1121
program to the newly designated grantee and return any unexpended1122
funds to the department along with any reports prescribed by the1123
department.1124

       Section 3313.646 of the Revised Code does not apply to funds1125
distributed under this section.1126

       (I) It is the intent of the General Assembly that1127
appropriations for appropriation items 200-406, Head Start, and1128
200-408, Public Preschool, be available for transfer between Head1129
Start and public preschool programs so that unallocated funds may1130
be used between the two programs.1131

       (J) The Department of Education shall comply with all TANF1132
requirements, including reporting requirements and timelines, as1133
specified in state and federal laws, federal regulations, state1134
rules, and the Title IV-A state plan, and is responsible for1135
payment of any adverse audit finding, final disallowance of1136
federal financial participation, or other sanction or penalty1137
issued by the federal government or other entity concerning these1138
funds. Having met all of the above requirements, the Department1139
shall have the authority to administer these funds in accordance1140
with its own rules and guidelines, including grant administration1141
procedures.The interagency agreement between the Department of1142
Education and the Department of Job and Family Services shall1143
establish conditions for the reimbursement of allowable Title IV-A1144
funds as specified in 42 U.S.C.A. 604(a), except that they may not1145
be "assistance" as defined in 45 C.F.R. 260.31(a). The benefits1146
and services shall be benefits and services that 45 C.F.R.1147
260.31(b) excludes from the definition of "assistance." The1148
interagency agreement also shall require that Head Start agencies1149
comply with requirements of Title IV-A of the "Social Security1150
Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, including1151
eligibility of individuals, reporting requirements, allowable1152
benefits and services, use of funds, and audit requirements, as1153
specified in state and federal laws, federal regulations, state1154
rules, federal office of management and budget circulars, and the1155
Title IV-A state plan. The Department of Education shall be1156
responsible for assuring that all Title IV-A funds are used solely1157
for purposes allowable under federal regulations, section 5101.8011158
of the Revised Code, and the Title IV-A state plan.1159

       Sec. 44.12.  ADULT LITERACY EDUCATION1160

       The foregoing appropriation item 200-509, Adult Literacy1161
Education, shall be used to support adult basic and literacy1162
education instructional programs and the State Literacy Resource1163
Center Program.1164

       Of the foregoing appropriation item 200-509, Adult Literacy1165
Education, up to $543,150 in fiscal year 2002 and up to $554,0131166
in fiscal year 2003 shall be used for the support and operation of1167
the State Literacy Resource Center.1168

       The remainder shall be used to continue to satisfy the state1169
match and maintenance of effort requirements for the support and1170
operation of the Department of Education-administered1171
instructional grant program for adult basic and literacy education1172
in accordance with the department's state plan for adult basic and1173
literacy education as approved by the State Board of Education and1174
the Secretary of the United States Department of Education.1175

       AUXILIARY SERVICES1176

       The foregoing appropriation item 200-511, Auxiliary Services,1177
shall be used by the State Board of Education for the purpose of1178
implementing section 3317.06 of the Revised Code. Of the1179
appropriation, up to $1,250,000 in fiscal year 2002 and up to1180
$1,500,000 in fiscal year 2003 may be used for payment of the1181
Post-Secondary Enrollment Options Program for nonpublic students1182
pursuant to section 3365.10 of the Revised Code.1183

       STUDENT INTERVENTION SERVICES1184

       The foregoing appropriation item 200-513, Student1185
Intervention Services, shall be used to assist districts providing1186
the intervention services specified in section 3313.608 of the1187
Revised Code. The Department of Education shall establish1188
guidelines for the use and distribution of these moneys in1189
accordance with the interagency agreement entered into between the1190
Department of Education and the Department of Job and Family1191
Services under division (A)(2) of section 5101.801 of the Revised1192
Code. School districts receiving funds from this appropriation1193
shall report to the Department of Education on how funds were1194
used.1195

       the Director of Budget and Management shall transfer1196
$35,000,000 from Fund 3W6, TANF Education, to the General Revenue1197
Fund. The transferred funds are appropriated for the appropriation1198
item 200-513, Student Intervention Services. The foregoing1199
appropriation item 200-513, Student Intervention Services,1200
includes transferred funds of $35,000,000 in fiscal year 2003.1201

       The Department of Education shall comply with all TANF1202
requirements, including reporting requirements and timelines, as1203
specified in state and federal laws, federal regulations, state1204
rules, and the Title IV-A state plan, and is responsible for1205
payment of any adverse audit finding, final disallowance of1206
federal financial participation, or other sanction or penalty1207
issued by the federal government or other entity concerning these1208
funds.1209

       The interagency agreement between the Department of Education1210
and the Department of Job and Family Services shall establish1211
conditions for the reimbursement of allowable Title IV-A funds as1212
specified in 42 U.S.C.A. 604(a), except that they may not be1213
"assistance" as defined in 45 C.F.R. 260.31(a). The benefits and1214
services shall be benefits and services that 45 C.F.R. 260.31(b)1215
excludes from the definition of "assistance." The interagency1216
agreement also shall require that school districts receiving funds1217
from this appropriation comply with requirements of Title IV-A of1218
the "Social Security Act," 49 Stat 620 (1935), 42 U.S.C. 301, as1219
amended, including eligibility of individuals, reporting1220
requirements, allowable benefits and services, use of funds, and1221
audit requirements, as specified in state and federal laws,1222
federal regulations, state rules, federal office of management and1223
budget circulars, and the Title IV-A state plan. The Department1224
of Education shall be responsible for assuring that all Title IV-A1225
funds are used solely for purposes allowable under federal1226
regulations, section 5101.801 of the Revised Code, and the Title1227
IV-A state plan.1228

       POST-SECONDARY/ADULT CAREER-TECHNICAL EDUCATION1229

       The foregoing appropriation item 200-514,1230
Post-Secondary/Adult Career-Technical Education, shall be used by1231
the State Board of Education to provide post-secondary/adult1232
career-technical education under sections 3313.52 and 3313.53 of1233
the Revised Code.1234

       Of the foregoing appropriation item 200-514,1235
Post-Secondary/Adult Career-Technical Education, up to $500,000 in1236
each fiscal year shall be allocated for the Ohio Career1237
Information System (OCIS) and used for the dissemination of career1238
information data to public schools, libraries, rehabilitation1239
centers, two- and four-year colleges and universities, and other1240
governmental units.1241

       Of the foregoing appropriation item 200-514,1242
Post-Secondary/Adult Career-Technical Education, up to $40,000 in1243
each fiscal year shall be used for the statewide coordination of1244
the activities of the Ohio Young Farmers.1245

       DISADVANTAGED PUPIL IMPACT AID1246

       The foregoing appropriation item 200-520, Disadvantaged Pupil1247
Impact Aid, shall be distributed to school districts according to1248
section 3317.029 of the Revised Code. However, no money shall be1249
distributed for all-day kindergarten to any school district whose1250
three-year average formula ADM exceeds 17,500 but whose DPIA index1251
is not at least equal to 1.00 in each fiscal year, unless the1252
Department of Education certifies that sufficient funds exist in1253
this appropriation to make all other payments required by section1254
3317.029 of the Revised Code.1255

       The Department of Education shall pay all-day, everyday1256
kindergarten funding to all school districts in fiscal year 20021257
and fiscal year 2003 that qualified for and provided the service1258
in a preceding fiscal year pursuant to section 3317.029 of the1259
Revised Code, regardless of changes to such districts' DPIA1260
indexes in fiscal year 2002 and fiscal year 2003.1261

       The Department of Education shall pay to community schools an1262
amount for all-day kindergarten if the school district in which1263
the student is entitled to attend school is eligible but does not1264
receive a payment for all-day kindergarten, pursuant to division1265
(B) of section 3314.13 of the Revised Code, and the student is1266
reported by the community school as enrolled in all-day1267
kindergarten at the community school.1268

       Of the foregoing appropriation item 200-520, Disadvantaged1269
Pupil Impact Aid, up to $3,200,000 in fiscal year 2002 and up to1270
$3,300,000 in fiscal year 2003 shall be used for school breakfast1271
programs. Of these amounts, up to $500,000 shall be used each1272
year by the Department of Education to provide start-up grants to1273
rural school districts and to school districts with less than1274
1,500 ADM that start school breakfast programs. The remainder of1275
the appropriation shall be used to: (1) partially reimburse1276
school buildings within school districts that are required to have1277
a school breakfast program pursuant to section 3313.813 of the1278
Revised Code, at a rate decided by the department, for each1279
breakfast served to any pupil enrolled in the district; (2)1280
partially reimburse districts participating in the National School1281
Lunch Program that have at least 20 per cent of students who are1282
eligible for free and reduced meals according to federal1283
standards, at a rate decided by the department; and (3) to1284
partially reimburse districts participating in the National School1285
Lunch Program for breakfast served to children eligible for free1286
and reduced meals enrolled in the district, at a rate decided by1287
the department.1288

       Of the portion of the funds distributed to the Cleveland City1289
School District under section 3317.029 of the Revised Code1290
calculated under division (F)(2) of that section, up to1291
$14,903,943 in fiscal year 2002 and up to $18,066,820 in fiscal1292
year 2003 shall be used to operate the pilot school choice program1293
in the Cleveland City School District pursuant to sections1294
3313.974 to 3313.979 of the Revised Code.1295

       Of the foregoing appropriation item 200-520, Disadvantaged1296
Pupil Impact Aid, $1,000,000 in each fiscal year shall be used to1297
support dropout recovery programs administered by the Department1298
of Education, Jobs for Ohio's Graduates Program.1299

       Sec. 56.  DOH DEPARTMENT OF HEALTH1300

General Revenue Fund1301

GRF 440-406 Hemophilia Services $ 1,230,492 $ 1,230,492 1302
GRF 440-407 Animal Borne Disease and Prevention $ 2,643,874 $ 2,598,297 1303
GRF 440-412 Cancer Incidence Surveillance System $ 898,978 $ 1,104,175 1304
GRF 440-413 Ohio Health Care Policy and Data $ 3,056,959 $ 3,157,200 1305
GRF 440-416 Child and Family Health Services $ 11,187,078 $ 10,839,187 1306
11,437,078 10,889,187 1307
GRF 440-418 Immunizations $ 9,403,469 $ 9,616,514 1308
GRF 440-419 Sexual Assault Prevention and Intervention $ 50,000 $ 50,000 1309
GRF 440-444 AIDS Prevention and Treatment $ 9,142,101 $ 9,476,508 1310
GRF 440-446 Infectious Disease Prevention $ 642,821 $ 649,291 1311
GRF 440-451 Public Health Prevention Programs $ 7,708,440 $ 7,212,245 1312
GRF 440-452 Child and Family Health Care Operations $ 1,316,947 $ 1,320,455 1313
GRF 440-453 Health Care Facility Protection and Safety $ 12,466,643 $ 12,662,779 1314
GRF 440-454 Local Environmental Health $ 1,243,340 $ 1,244,824 1315
GRF 440-459 Help Me Grow $ 12,500,000 $ 12,500,000 1316
GRF 440-461 Vital Statistics $ 3,891,580 $ 3,863,425 1317
GRF 440-501 Local Health Districts $ 3,991,111 $ 3,991,111 1318
GRF 440-504 Poison Control Network $ 388,000 $ 388,000 1319
GRF 440-505 Medically Handicapped Children $ 7,634,095 $ 7,540,879 1320
GRF 440-507 Cystic Fibrosis $ 818,131 $ 818,131 1321
GRF 440-508 Migrant Health $ 120,767 $ 118,049 1322
GRF 440-510 Arthritis Care $ 75,000 $ 75,000 1323
TOTAL GRF General Revenue Fund $ 90,409,826 $ 90,456,562 1324
90,659,826 90,506,562 1325

General Services Fund Group1326

142 440-618 General Operations $ 2,764,557 $ 2,892,340 1327
211 440-613 Central Support Indirect Costs $ 25,527,855 $ 26,149,512 1328
473 440-622 Lab Operating Expenses $ 4,006,440 $ 4,154,045 1329
5C1 440-642 TANF Family Planning $ 255,500 $ 261,888 1330
683 440-633 Employee Assistance Program $ 1,017,408 $ 1,062,965 1331
698 440-634 Nurse Aide Training $ 240,000 $ 265,808 1332
TOTAL GSF General Services 1333
Fund Group $ 33,811,760 $ 34,786,558 1334

Federal Special Revenue Fund Group1335

320 440-601 Maternal Child Health Block Grant $ 32,702,100 $ 34,335,562 1336
387 440-602 Preventive Health Block Grant $ 9,278,173 $ 9,278,173 1337
389 440-604 Women, Infants, and Children $ 185,850,000 $ 195,142,500 1338
391 440-606 Medicaid/Medicare $ 24,297,017 $ 25,778,700 1339
392 440-618 General Operations $ 74,384,890 $ 77,720,166 1340
TOTAL FED Federal Special Revenue 1341
Fund Group $ 326,512,180 $ 342,255,101 1342

State Special Revenue Fund Group1343

3W5 440-611 Title XX Transfer $ 500,000 1344
4D6 440-608 Genetics Services $ 2,725,894 $ 2,799,641 1345
4F9 440-610 Sickle Cell Disease Control $ 1,010,091 $ 1,035,344 1346
4G0 440-636 Heirloom Birth Certificate $ 1,000 $ 1,000 1347
4G0 440-637 Birth Certificate Surcharge $ 5,000 $ 5,000 1348
4L3 440-609 Miscellaneous Expenses $ 257,548 $ 258,570 1349
4T4 440-603 Child Highway Safety $ 224,855 $ 233,894 1350
4V6 440-641 Save Our Sight $ 1,232,421 $ 1,266,900 1351
470 440-618 General Operations $ 12,364,273 $ 12,941,359 1352
471 440-619 Certificate of Need $ 352,598 $ 370,524 1353
477 440-627 Medically Handicapped Children Audit $ 4,400,452 $ 4,640,498 1354
5B5 440-616 Quality, Monitoring, and Inspection $ 802,502 $ 838,479 1355
5C0 440-615 Alcohol Testing and Permit $ 1,395,439 $ 1,455,405 1356
5D6 440-620 Second Chance Trust $ 831,924 $ 852,723 1357
5L1 440-623 Nursing Facility Technical Assistance Program $ 1,080,000 $ 1,157,150 1358
610 440-626 Radiation Emergency Response $ 870,505 $ 923,315 1359
666 440-607 Medically Handicapped Children - County Assessments $ 14,039,889 $ 14,039,889 1360
TOTAL SSR State Special Revenue 1361
Fund Group $ 42,094,391 $ 43,319,691 1362

Holding Account Redistribution Fund Group1363

R14 440-631 Vital Statistics $ 49,000 $ 49,000 1364
R48 440-625 Refunds, Grants Reconciliation, and Audit Settlements $ 20,000 $ 20,000 1365
TOTAL 090 Holding Account 1366
Redistribution Fund Group $ 69,000 $ 69,000 1367
TOTAL ALL BUDGET FUND GROUPS $ 494,897,157 $ 510,886,912 1368
495,147,157 510,936,912 1369


       Sec. 56.01. HEMOPHILIA SERVICES1371

       Of the foregoing appropriation item 440-406, Hemophilia1372
Services, $205,000 in each fiscal year shall be used to implement1373
the Hemophilia Insurance Pilot Project.1374

       Of the foregoing appropriation item 440-406, Hemophilia1375
Services, up to $245,000 in each fiscal year shall be used by the1376
Department of Health to provide grants to the nine hemophilia1377
treatment centers to provide prevention services for persons with1378
hemophilia and their family members affected by AIDS and other1379
bloodborne pathogens.1380

       CANCER REGISTRY SYSTEM1381

       Of the foregoing appropriation item 440-412, Cancer Incidence1382
Surveillance System, $50,000 in each fiscal year shall be provided1383
to the Northern Ohio Cancer Resource Center.1384

       The remaining moneys in appropriation item 440-412, Cancer1385
Incidence Surveillance System, shall be used to maintain and1386
operate the Ohio Cancer Incidence Surveillance System pursuant to1387
sections 3701.261 to 3701.263 of the Revised Code.1388

       No later than March 1, 2002, the Ohio Cancer Incidence1389
Surveillance Advisory Board shall report to the General Assembly1390
on the effectiveness of the cancer incidence surveillance system1391
and the partnership between the Department of Health and the1392
Arthur G. James Cancer Hospital and Richard J. Solove Research1393
Institute of The Ohio State University.1394

       CHILD AND FAMILY HEALTH SERVICES1395

       Of the foregoing appropriation item 440-416, Child and Family1396
Health Services, $1,700,000 in each fiscal year shall be used for1397
family planning services. None of the funds received through1398
these family planning grants shall be used to provide abortion1399
services. None of the funds received through these family1400
planning grants shall be used for counseling for or referrals for1401
abortion, except in the case of a medical emergency. These funds1402
shall be distributed on the basis of the relative need in the1403
community served by the Director of Health to family planning1404
programs, which shall include family planning programs funded1405
under Title V of the "Social Security Act," 49 Stat. 620 (1935),1406
42 U.S.C.A. 301, as amended, and Title X of the "Public Health1407
Services Act," 58 Stat. 682 (1946), 42 U.S.C.A. 201, as amended,1408
as well as to other family planning programs that the Department1409
of Health also determines will provide services that are1410
physically and financially separate from abortion-providing and1411
abortion-promoting activities, and that do not include counseling1412
for or referrals for abortion, other than in the case of medical1413
emergency, with state moneys, but that otherwise substantially1414
comply with the quality standards for such programs under Title V1415
and Title X.1416

       The Director of Health, by rule, shall provide reasonable1417
methods by which a grantee wishing to be eligible for federal1418
funding may comply with these requirements for state funding1419
without losing its eligibility for federal funding, while ensuring1420
that a family planning program receiving a family planning grant1421
must be organized so that it is physically and financially1422
separate from the provision of abortion services and from1423
activities promoting abortion as a method of family planning.1424

       Of the foregoing appropriation item 440-416, Child and Family1425
Health Services, $150,000 in each fiscal year shall be used to1426
provide malpractice insurance for physicians and other health1427
professionals providing prenatal services in programs funded by1428
the Department of Health.1429

       Of the foregoing appropriation item 440-416, Child and Family1430
Health Services, $279,000 shall be used in each fiscal year for1431
the OPTIONS dental care access program.1432

       Of the foregoing appropriation item 440-416, Child and Family1433
Health Services, $600,000 in each fiscal year shall be used by1434
local child and family health services clinics to provide services1435
to uninsured low-income persons.1436

       Of the foregoing appropriation item 440-416, Child and Family1437
Health Services, $900,000 in each fiscal year shall be used by1438
federally qualified health centers and federally designated1439
look-alikes to provide services to uninsured low-income persons.1440

       Of the foregoing appropriation item 440-416, Child and Family1441
Health Services, $50,000 in each fiscal year shall be used for the1442
Tree of Knowledge Learning Center in Cleveland Heights.1443

       Of the foregoing appropriation item 440-416, Child and Family1444
Health Services, $25,000 in fiscal year 2002 shall be provided to1445
the Suicide Prevention Program of Clermont County.1446

       Of the foregoing appropriation item 440-416, Child and Family1447
Health Services, $50,000 in fiscal year 2002 shall be provided to1448
the Discover Health Project.1449

       Of the foregoing appropriation item 440-416, Child and Family1450
Health Services, $75,000 in fiscal year 2002 shall be provided to1451
the Mayerson Center.1452

       Of the foregoing appropriation item 440-416, Child and Family1453
Health Services, $50,000 in fiscal year 2002 shall be provided to1454
the Central Clinic at the University of Cincinnati.1455

       IMMUNIZATIONS1456

       Of the foregoing appropriation item 440-418, Immunizations,1457
$125,000 per fiscal year shall be used to provide vaccinations for1458
Hepatitis B to all qualified underinsured students in the seventh1459
grade who have not been previously immunized.1460

       Of the foregoing appropriation item 440-418, Immunizations,1461
up to $25,000 in each fiscal year shall be used to provide1462
vaccinations for pneumococcal disease for children between the1463
ages of two and five.1464

       SEXUAL ASSAULT PREVENTION AND INTERVENTION1465

       The foregoing appropriation item 440-419, Sexual Assault1466
Prevention and Intervention, shall be used for the following1467
purposes:1468

       (A) Funding of new services in counties with no services for1469
sexual assault;1470

       (B) Expansion of services provided in currently funded1471
projects so that comprehensive crisis intervention and prevention1472
services are offered;1473

       (C) Start-up funding for Sexual Assault Nurse Examiner (SANE)1474
projects;1475

       (D) Statewide expansion of local outreach and public1476
awareness efforts.1477

       HIV/AIDS PREVENTION/TREATMENT1478

       Of the foregoing appropriation item 440-444, AIDS Prevention1479
and Treatment, $6.7 million in fiscal year 2002 and $7.1 million1480
in fiscal year 2003 shall be used to assist persons with HIV/AIDS1481
in acquiring HIV-related medications.1482

       The HIV Drug Assistance Program is pursuant to section1483
3701.241 of the Revised Code and Title XXVI of the "Public Health1484
Services Act," 104 Stat. 576 (1990), 42 U.S.C.A. 2601, as amended.1485
The Department of Health may adopt rules pursuant to Chapter 119.1486
of the Revised Code as necessary for the administration of the1487
program.1488

       INFECTIOUS DISEASE PREVENTION1489

       Notwithstanding section 339.77 of the Revised Code, $60,0001490
of the foregoing appropriation item 440-446, Infectious Disease1491
Prevention, shall be used by the Director of Health to reimburse1492
Boards of County Commissioners for the cost of detaining indigent1493
persons with tuberculosis. Any portion of the $60,000 allocated1494
for detainment not used for that purpose shall be used to make1495
payments to counties pursuant to section 339.77 of the Revised1496
Code.1497

       Of the foregoing appropriation item 440-446, Infectious1498
Disease Prevention, $200,000 in each fiscal year shall be used for1499
the purchase of drugs for sexually transmitted diseases.1500

       HELP ME GROW1501

       The foregoing appropriation item 440-459, Help Me Grow, shall1502
be used by the Department of Health to distribute subsidies to1503
counties to implement section 3701.61 of the Revised Code.1504
Appropriation item 440-459 may be used in conjunction with1505
Temporary Assistance for Needy Families from the Department of Job1506
and Family Services, Even Start from the Department of Education,1507
and in conjunction with other early childhood funds and services1508
to promote the optimal development of young children. Local1509
contacts shall be developed between local departments of job and1510
family services and family and children first councils for the1511
administration of TANF funding for the Help Me Grow Program. The1512
Department of Health shall enter into an interagency agreement1513
with the Department of Education to coordinate the planning,1514
design, and grant selection process for any new Even Start grants1515
and to ensure that all new and existing programs within Help Me1516
grow are school linked.1517

       POISON CONTROL NETWORK1518

       The foregoing appropriation item 440-504, Poison Control1519
Network, shall be used in each fiscal year by the Department of1520
Health for grants to the consolidated Ohio Poison Control Center1521
to provide poison control services to Ohio citizens.1522

       TANF FAMILY PLANNING1523

       The Director of Budget and Management shall transfer by1524
intrastate transfer voucher, no later than the fifteenth day of1525
July of each fiscal year, cash from the General Revenue Fund,1526
appropriation item 600-410, TANF State, to General Services Fund1527
5C1 in the Department of Health, in an amount of $250,000 in each1528
fiscal year for the purpose of family planning services for1529
children or their families whose income is at or below 200 per1530
cent of the official poverty guideline.1531

       As used in this section, "poverty guideline" means the1532
official poverty guideline as revised annually by the United1533
States Secretary of Health and Human Services in accordance with1534
section 673 of the "Community Services Block Grant Act," 95 Stat.1535
511 (1981), 42 U.S.C.A. 9902, as amended, for a family size equal1536
to the size of the family of the person whose income is being1537
determined.1538

       MATERNAL CHILD HEALTH BLOCK GRANT1539

       Of the foregoing appropriation item 440-601, Maternal Child1540
Health Block Grant (Fund 320), $2,091,299 shall be used in each1541
fiscal year for the purposes of abstinence-only education. The1542
Director of Health shall develop guidelines for the establishment1543
of abstinence programs for teenagers with the purpose of1544
decreasing unplanned pregnancies and abortion. Such guidelines1545
shall be pursuant to Title V of the "Social Security Act," 421546
U.S.C.A. 510, and shall include, but are not limited to,1547
advertising campaigns and direct training in schools and other1548
locations.1549

       A portion of the foregoing appropriation item 440-601,1550
Maternal Child Health Block Grant (Fund 320), may be used to1551
ensure that current information on sudden infant death syndrome is1552
available for distribution by local health districts.1553

       TITLE XX TRANSFER1554

       Of the foregoing appropriation item 440-611, Title XX1555
Transfer (Fund 3W5), $500,000 shall be used for the purposes of1556
abstinence-only education. The Director of Health shall develop1557
guidelines for the establishment of abstinence programs for1558
teenagers with the purpose of decreasing unplanned pregnancies and1559
abortion. The guidelines shall be developed pursuant to Title V of1560
the "Social Security Act," 42 U.S.C. 510, and shall include, but1561
are not to be limited to, advertising campaigns and direct1562
training in schools and other locations.1563

       GENETICS SERVICES1564

       The foregoing appropriation item 440-608, Genetics Services1565
(Fund 4D6), shall be used by the Department of Health to1566
administer programs authorized by sections 3701.501 and 3701.5021567
of the Revised Code. None of these funds shall be used to counsel1568
or refer for abortion, except in the case of a medical emergency.1569

       SICKLE CELL FUND1570

       The foregoing appropriation item 440-610, Sickle Cell Disease1571
Control (Fund 4F9), shall be used by the Department of Health to1572
administer programs authorized by section 3701.131 of the Revised1573
Code. The source of the funds is as specified in section 3701.231574
of the Revised Code.1575

       SAFETY AND QUALITY OF CARE STANDARDS1576

       The Department of Health may use Fund 471, Certificate of1577
Need, for administering sections 3702.11 to 3702.20 and 3702.30 of1578
the Revised Code in each fiscal year.1579

       MEDICALLY HANDICAPPED CHILDREN AUDIT1580

       The Medically Handicapped Children Audit Fund (Fund 477)1581
shall receive revenue from audits of hospitals and recoveries from1582
third-party payors. Moneys may be expended for payment of audit1583
settlements and for costs directly related to obtaining recoveries1584
from third-party payors and for encouraging Medically Handicapped1585
Children's Program recipients to apply for third-party benefits.1586
Moneys also may be expended for payments for diagnostic and1587
treatment services on behalf of medically handicapped children, as1588
defined in division (A) of section 3701.022 of the Revised Code,1589
and Ohio residents who are twenty-one or more years of age and who1590
are suffering from cystic fibrosis. Moneys may also be expended1591
for administrative expenses incurred in operating the Medically1592
Handicapped Children's Program.1593

       CASH TRANSFER FROM LIQUOR CONTROL FUND TO ALCOHOL TESTING AND1594
PERMIT FUND1595

       The Director of Budget and Management, pursuant to a plan1596
submitted by the Department of Health, or as otherwise determined1597
by the Director of Budget and Management, shall set a schedule to1598
transfer cash from the Liquor Control Fund (Fund 043) to the1599
Alcohol Testing and Permit Fund (Fund 5C0) to meet the operating1600
needs of the Alcohol Testing and Permit program.1601

       The Director of Budget and Management shall transfer to the1602
Alcohol Testing and Permit Fund (Fund 5C0) from the Liquor Control1603
Fund (Fund 043) established in section 4301.12 of the Revised Code1604
such amounts at such times as determined by the transfer schedule.1605

       MEDICALLY HANDICAPPED CHILDREN - COUNTY ASSESSMENTS1606

       The foregoing appropriation item 440-607, Medically1607
Handicapped Children - County Assessments (Fund 666), shall be1608
used to make payments pursuant to division (E) of section 3701.0231609
of the Revised Code.1610

       Sec. 63.09. TANF1611

       TANF COUNTY INCENTIVES1612

       Of the foregoing appropriation item 600-689, TANF Block1613
Grant, the Department of Job and Family Services may provide1614
financial incentives to those county departments of job and family1615
services that have exceeded performance standards adopted by the1616
state department, and where the board of county commissioners has1617
entered into a written agreement with the state department under1618
section 5101.21 of the Revised Code governing the administration1619
of the county department. Any financial incentive funds provided1620
pursuant to this division shall be used by the county department1621
for additional or enhanced services for families eligible for1622
assistance under Chapter 5107. or benefits and services under1623
Chapter 5108. of the Revised Code or, on request by the county and1624
approval by the Department of Job and Family Services, be1625
transferred to the Child Care and Development Fund or the Social1626
Services Block Grant. The county departments of job and family1627
services may retain and expend such funds without regard to the1628
state or county fiscal year in which the financial incentives were1629
earned or paid. Each county department of job and family services1630
shall file an annual report with the Department of Job and Family1631
Services providing detailed information on the expenditure of1632
these financial incentives and an evaluation of the effectiveness1633
of the county department's use of these funds in achieving1634
self-sufficiency for families eligible for assistance under1635
Chapter 5107. or benefits and services under Chapter 5108. of the1636
Revised Code.1637

       TANF YOUTH DIVERSION PROGRAMS1638

       Of the foregoing appropriation item 600-689, TANF Block1639
Grant, $19,500,000 in each fiscal year shall be allocated by the1640
Department of Job and Family Services to the counties according to1641
the allocation formula established in division (D) of section1642
5101.14 of the Revised Code. Of the funds allocated to each1643
county, up to half may be used for contract services for unruly1644
and misdemeanant diversionary programs.1645

       The remaining funds not allocated for use in juvenile1646
diversion activities may be used by the county for other contract1647
child welfare services. In counties with separate departments of1648
job and family services and public children services agencies, the1649
county department of job and family services shall serve as a pass1650
through to the public children services agencies for these funds.1651
Separate public children services agencies receiving such funds1652
shall comply with all TANF requirements, including reporting1653
requirements and timelines, as specified in state and federal1654
laws, federal regulations, state rules, and the Title IV-A state1655
plan, and are responsible for payment of any adverse audit1656
finding, final disallowance of federal financial participation, or1657
other sanction or penalty issued by the federal government or1658
other entity concerning these funds.1659

       Of the foregoing $19,500,000 set aside, any funds remaining1660
unspent on June 30, 2002, shall be carried forward and added to1661
the earmark for fiscal year 2003, and allocated to the counties1662
according to the allocation formula established in division (D) of1663
section 5101.14 of the Revised Code.1664

       KINSHIP NAVIGATORS1665

       Of the foregoing appropriation item 600-689, TANF Block1666
Grant, up to $3 million in each fiscal year shall be allocated by1667
the Department of Job and Family Services to county departments of1668
job and family services for the purpose of making allocations to1669
local public children services agencies to provide services in the1670
Kinship Navigation program. The allocation to county departments1671
of job and family services shall be based on the number of Ohio1672
works first cases in the county, and the number of children1673
seventeen years of age or younger in the county. The Department of1674
Job and Family Services shall develop an appropriate method of1675
reallocating these funds in each fiscal year among the county1676
deparmentsdepartments of job and family services, if they would1677
otherwise be unspent.1678

       TANF FAITH-BASED AND NON-PROFIT CAPACITY-BUILDING PROGRAMS1679

       From the foregoing appropriation item 600-689, TANF Block1680
Grant, up to $1,000,000 in each fiscal year shall be used to1681
support capacity-building efforts among faith-based and non-profit1682
organizations, for the purpose of providing allowable services to1683
TANF-eligible individuals. Organizations receiving these funds1684
shall comply with all TANF requirements, and shall agree with the1685
Department of Job and Family Services on reporting requirements to1686
be incorporated into the grant agreement.1687

       TANF EDUCATION1688

       the Director of Budget and Management shall transfer1689
$35,000,000 in appropriation authority from appropriation item1690
600-689, TANF Block Grant (Fund 3V6), to Fund 3W6, TANF Education,1691
in the Department of Education, which is created in the State1692
Treasury. The transferred funds shall be used for the purpose of1693
providing allowable services to TANF-eligible individuals.1694

       the Director of Budget and Management shall transfer1695
$76,156,175 from Fund 3V6, TANF Block Grant, to Fund 3W6, TANF1696
Education, in the Department of Education. the Director of Budget1697
and Management shall transfer $98,843,825 from Fund 3V6, TANF1698
Block Grant, to Fund 3W6, TANF Education, in the Department of1699
Education. The transferred funds shall be used for the purpose of1700
providing allowable services to TANF-eligible individuals. The1701
Department of Education shall comply with all TANF requirements,1702
including reporting requirements and timelines, as specified in1703
state and federal laws, federal regulations, state rules, and the1704
Title IV-A state plan, and is responsible for payment of any1705
adverse audit finding, final disallowance of federal financial1706
participation, or other sanction or penalty issued by the federal1707
government or other entity concerning these funds.1708

       There is hereby established the Title IV-A Education Program1709
to be administered by the Department of Education in accordance1710
with an interagency agreement entered into with the Department of1711
Job and Family Services under division (A)(2) of section 5101.8011712
of the Revised Code. The program shall provide benefits and1713
services to TANF eligible individuals with incomes at or below 2001714
per cent of the federal poverty guidelines under a Title IV-A1715
program pursuant to the requirements of section 5101.801 of the1716
Revised Code. Upon approval by the Department of Job and Family1717
Services, the Department of Education shall adopt policies and1718
procedures establishing program requirements for eligibility,1719
services, fiscal accountability, and other criteria necessary to1720
comply with the provisions of Title IV-A of the "Social Security1721
Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended.1722

       The Department of Job and Family Services shall reimburse the1723
General Revenue Fund through intrastate transfer vouchers for1724
allowable Title IV-A Head Start expenditures reported by the1725
Department of Education in fiscal year 2002 by amounts up to1726
$76,156,175 from Fund 3V6, TANF Block Grant, and in fiscal year1727
2003, up to $98,843,825 from Fund 3V6, TANF Block Grant. The1728
Department of Job and Family Services shall reimburse the General1729
Revenue Fund through intrastate transfer vouchers for allowable1730
Title IV-A student intervention services expenditures in fiscal1731
year 2003 up to $35,000,000 from Fund 3V6, TANF Block Grant.1732

       COUNTY DEPARTMENTS OF JOB AND FAMILY SERVICES TITLE IV-A1733
ADULT LITERACY AND CHILD READING PROGRAMS1734

       There is hereby established the Title IV-A Adult Literacy and1735
Child Reading Program to be administered by the county departments1736
of job and family services in accordance with division (B)(1) of1737
section 5101.801 of the Revised Code. The program shall provide1738
benefits and services to TANF-eligible individuals with incomes at1739
or below 200 per cent of the federal poverty guidelines under a1740
Title IV-A program pursuant to the requirements of section1741
5101.801 of the Revised Code. The county departments of job and1742
family services shall ensure program requirements for eligibility,1743
services, fiscal accountability, and other criteria necessary to1744
comply with the provisions of Title IV-A of the "Social Security1745
Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended, and ensure1746
that benefits and services are allowable uses of federal Title1747
IV-A funds as specified in 42 U.S.C.A. 604(a), except that they1748
may not be "assistance" as defined in 45 C.F.R. 260.31(a). The1749
benefits and services shall be benefits and services that 451750
C.F.R. 260.31(b) excludes from the definition of "assistance."1751
From the foregoing appropriation item 600-689, TANF Block Grant,1752
up to $5,000,000 in each fiscal year shall be used to support1753
local adult literacy and child reading programs.1754

       TALBERT HOUSE1755

       In each fiscal year, the Director of Job and Family Services1756
shall provide $100,500 from appropriation item 600-689, TANF Block1757
Grant, to the HamilitonHamilton County Department of Job and1758
Family Services to contract with the Talbert House for the purpose1759
of providing allowable services to TANF-eligible individuals with1760
incomes at or below 200 per cent of the federal poverty1761
guidelines. The contract between the Hamilton County Department1762
of Job and Family Services and the Talbert House shall establish1763
conditions for the reimbursement of allowable Title IV-A1764
expenditures for services that are allowable uses of federal Title1765
IV-A funds as specified in 42 U.S.C.A. 604(a), except that they1766
may not be "assistance" as defined in 45 C.F.R. 260.31(a). The1767
benefits and services shall be benefits and services that 451768
C.F.R. 260.31(b) excludes from the definition of "assistance." The1769
contract shall also require Talbert House to comply with1770
requirements of Title IV-A of the "Social Security Act," 110 Stat.1771
2113 (1996), 42 U.S.C. 601, as amended, including eligibility of1772
individuals, reporting requirements, allowable benefits and1773
services, use of funds, and audit requirements, as specified in1774
state and federal laws, federal regulations, state rules, federal1775
Office of Management and Budget circulars, and the Title IV-A1776
state plan.1777

       MONTGOMERY COUNTY OUT-OF-SCHOOL YOUTH PROJECT1778

       In each fiscal year, the Director of Job and Family Services1779
shall provide $1,000,000 from appropriation item 600-689, TANF1780
Block Grant, to the Montgomery County Department of Job and Family1781
Services to be used to support the Out-of-School Youth Project in1782
Montgomery County for the purpose of providing allowable services1783
to TANF-eligible individuals. The Montgomery County Department of1784
Job and Family Services and the Sinclair Community College shall1785
comply with all TANF requirements, including reporting1786
requirements and timelines, as specified in state and federal1787
laws, federal regulations, state rules, and the Title IV-A state1788
plan.1789

       APPALACHIAN WORKFORCE DEVELOPMENT AND JOB TRAINING1790

       From the foregoing appropriation item 600-689, TANF Block1791
Grant, the Director of Job and Family Services shall provide up to1792
$15,000,000 to be awarded to the county departments of job and1793
family services in the twenty-nine Appalachian counties,1794
contingent upon passage of H.B. 6 of the 124th General Assembly.1795
These funds shall be used by the county departments of job and1796
family services in coordination with the Governor's Office of1797
Appalachia, the Governor's Regional Economic Office, and local1798
development districts. These funds shall be used for the1799
following activities: workforce development and supportive1800
services; economic development; technology expansion, technical1801
assistance, and training; youth job training; organizational1802
development for workforce development partners; and improving1803
existing technology centers, workforce development, job creation1804
and retention, purchasing technology, and technology and1805
technology infrastructure upgrades.1806

       As a condition on the use of these funds, each county1807
department of job and family services shall submit a plan for the1808
intended use of these funds to the Department of Job and Family1809
Services. The plan shall also be reviewed by the Governor's Office1810
of Appalachia, the Governor's Regional Economic Office, and local1811
development districts. Also as a condition on the use of these1812
funds, each county and contract agency shall acknowledge that1813
these funds are a one-time allocation, not intended to fund1814
services beyond September 30, 2002.1815

       In fiscal year 2002, the TANF allocation to each of the1816
Appalachian counties shall not be less than the TANF allocation1817
amount for fiscal year 2001, as allocated according to the1818
methodology set forth in paragraph (I) of rule 5101-6-03 of the1819
Administrative Code.1820

       The use of these funds shall comply with all TANF1821
requirements, including reporting requirements and timelines, as1822
specified in state and federal laws, federal regulations, state1823
rules, and the Title IV-A state plan.1824

       CENTER FOR FAMILY AND CHILDREN1825

       Of the foregoing appropriation item 600-689, TANF Block Brant1826
Grant, $150,000 in fiscal year 2002 shall be provided to the1827
Center for Family and Children.1828

       TANF FAMILY PLANNING1829

       The Director of Budget and Management shall transfer by1830
intrastate voucher, no later than the fifteenth day of July of1831
each fiscal year, cash from the General Revenue Fund,1832
appropriation item 600-410, TANF State, to General Services Fund1833
5C1 in the Department of Health, in an amount of $250,000 in each1834
fiscal year for the purpose of family planning services for1835
children or their families whose income is at or below 200 per1836
cent of the official poverty guideline.1837

       TANF FEDERAL BLOCK GRANT FUNDS AND TRANSFERS1838

       From the foregoing appropriation items 600-410, TANF State;1839
600-658, Child Support Collections; or 600-689, TANF Block Grant,1840
or a combination of these appropriation items, no less than1841
$369,040,735 in each fiscal year shall be allocated to county1842
departments of job and family services as follows:1843

County Allocations $276,586,957 1844
WIA Supplement $35,109,178 1845
Early Start - Statewide $38,034,600 1846
Transportation $5,000,000 1847
County Training $3,050,000 1848
Adult Literacy and Child 1849
Reading Programs $5,000,000 1850
Disaster Relief $5,000,000 1851
School Readiness Centers $1,260,000 1852

       Upon the request of the Department of Job and Family1853
Services, the Director of Budget and Management may seek1854
Controlling Board approval to increase appropriations in1855
appropriation item 600-689, TANF Block Grant, provided sufficient1856
Federal TANF Block Grant funds exist to do so, without any1857
corresponding decrease in other appropriation items. The1858
Department of Job and Family Services shall provide the Office of1859
Budget and Management and the Controlling Board with documentation1860
to support the need for the increased appropriation.1861

       All transfers of moneys from or charges against TANF Federal1862
Block Grant awards for use in the Social Services Block Grant or1863
the Child Care and Development Block Grant from either unobligated1864
prior year appropriation authority in appropriation item 400-411,1865
TANF Federal Block Grant, or 600-411, TANF Federal Block Grant, or1866
from fiscal year 2002 and fiscal year 2003 appropriation authority1867
in item 600-689, TANF Block Grant, shall be done ten days after1868
the Department of Job and Family Services gives written notice to1869
the Office of Budget and Management. The Department of Job and1870
Family Services shall first provide the Office of Budget and1871
Management with documentation to support the need for such1872
transfers or charges for use in the Social Services Block Grant or1873
in the Child Care and Development Block Grant.1874

       The Department of Job and Family Services shall in each1875
fiscal year of the biennium transfer the maximum amount of funds1876
from the federal TANF Block Grant to the federal Social Services1877
Block Grant as permitted under federal law. Not later than July1878
15, 2001, the Department of Job and Family Services shall draw1879
$60,000,000 in receipts from TANF funds that were transferred into1880
the Social Services Block Grant into State Special Revenue Fund1881
5Q8, in the Office of Budget and Management. Not later than June1882
1, 2002, the Director of Budget and Management shall determine the1883
amount of funds in State Special Revenue Fund 5Q8 that is needed1884
for the purpose of balancing the General Revenue Fund, and may1885
transfer that amount to the General Revenue Fund. Not later than1886
June 1, 2003, the Director of Budget and Management shall1887
determine the amount of funds in State Special Revenue Fund 5Q81888
that is needed for the purpose of balancing the General Revenue1889
Fund, and may transfer that amount to the General Revenue Fund.1890
Any moneys remaining in State Special Revenue Fund 5Q8 on June 15,1891
2003, shall be transferred not later than June 20, 2003, to Fund1892
3V6, TANF Block Grant, in the Department of Job and Family1893
Services.1894

       Before the thirtieth day of September of each fiscal year,1895
the Department of Job and Family Services shall file claims with1896
the United States Department of Health and Human Services for1897
reimbursement for all allowable expenditures for services provided1898
by the Department of Job and Family Services, or other agencies1899
that may qualify for Social Services Block Grant funding pursuant1900
to Title XX of the Social Security Act. The Department of Job and1901
Family Services shall deposit, into Fund 5E6, State Option Food1902
Stamps, $6 million, into Fund 5P4, TANF Child Welfare, $7.51903
million, into Fund 3W5, Health Care Services, $500,000, into Fund1904
3W8, Hippy Program, $62,500, and into Fund 3W9, Adoption1905
Connection, $50,000 and deposit in fiscal year 2002, into Fund1906
3W2, Title XX Vocational Rehabilitation, $600,000, into Fund 1621907
in the Department of Natural Resources, $7,885,349, and into Fund1908
3W3, Adult Special Needs, $4,720,227 in receipts from TANF Block1909
Grant funds credited to the Social Services Block Grant. On1910
verification of the receipt of the above revenue, the funds1911
provided by these transfers shall be used as follows:1912

Fund 5E6 1913
Second Harvest Food Bank $4,500,000 1914
Child Nutrition Services $900,000 1915
Ohio Alliance of Boys and Girls Clubs $600,000 1916

Fund 5P4 1917
Support and Expansion for PCSA Activities $5,500,000 1918
Pilot Projects for Violent and Aggressive Youth $2,000,000 1919

Fund 3W2 1920
Title XX Vocational Rehabilitation in fiscal year 2002 $600,000 1921

Fund 3W3 1922
Adult Protective Services in fiscal year 2002 $120,227 1923
Non-TANF Adult Assistance in fiscal year 2002 $1,000,000 1924
Community-Based Correctional Facilities in fiscal year 2002 $3,600,000 1925

Fund 162 1926
CCC Operations in fiscal year 2002 $7,885,349 1927

Fund 3W5 1928
Abstinence-only Education $500,000 1929

Fund 3W8 1930
Hippy Program $62,500 1931

Fund 3W9 1932
Adoption Connection $50,000 1933

       WELLNESS1934

       The foregoing appropriation item 600-690, Wellness, shall be1935
used by county departments of job and family services for teen1936
pregnancy prevention programming. Local contracts shall be1937
developed between county departments of job and family services1938
and local family and children first councils for the1939
administration of TANF funding for this program.1940

       Sec. 63.15. SINGLE ALLOCATION FOR COUNTY DEPARTMENTS OF JOB1941
AND FAMILY SERVICES1942

       Using the foregoing appropriation items 600-504, Non-TANF1943
County Administration; 600-610, Food Stamps and State1944
Administration; 600-410, TANF State; 600-689, TANF Block Grant;1945
600-620, Social Services Block Grant; 600-552, County Social1946
Services; 600-413, Day Care Match/Maintenance of Effort; 600-617,1947
Day Care Federal; 600-534, Adult Protective Services; and 600-614,1948
Refugees Services, the Department of Job and Family Services may1949
establish a single allocation for county departments of job and1950
family services that are subject to a partnership agreement1951
between a board of county commissioners and the department under1952
section 5101.21 of the Revised Code. The county department is not1953
required to use all the money from one or more of the1954
appropriation items listed in this paragraph for the purpose for1955
which the specific appropriation item is made so long as the1956
county department uses the money for a purpose for which at least1957
one of the other of those appropriation items is made. The county1958
department may not use the money in the allocation for a purpose1959
other than a purpose any of those appropriation items are made. If1960
the spending estimates used in establishing the single allocation1961
are not realized and the county department uses money in one or1962
more of those appropriation items in a manner for which federal1963
financial participation is not available, the department shall use1964
state funds available in one or more of those appropriation items1965
to ensure that the county department receives the full amount of1966
its allocation. The single allocation is the maximum amount the1967
county department shall receive from those appropriation items.1968

       ADULT PROTECTIVE SERVICES1969

       The foregoing appropriation item 600-695, Adult Protective1970
Services, shall be used to provide adult protective services in1971
accordance with section 5101.62 of the Revised Code.1972

       NON-TANF ADULT ASSISTANCE1973

       The foregoing appropriation item 600-696, Non-TANF Adult1974
Assistance, shall be used to provide funding for the Adult1975
Emergency Assistance Program in accordance with section 5101.86 of1976
the Revised Code.1977

       HIPPY PROGRAM1978

       The Department of Job and Family Services may use up to1979
$62,500 of appropriation item 600-638, Hippy Program (Fund 3W8),1980
to support expenditures to the Hippy Program in Hamilton County.1981
The Department of Job and Family Services and the Hippy Program1982
shall agree on reporting requirements to be incorporated into the1983
grant agreement.1984

       ADOPTION CONNECTION1985

       The Department of Job and Family Services may use up to1986
$62,500$50,000 of appropriation item 600-640, Adoption Connection1987
(Fund 3W9), to support expenditures to the Adoption Connection1988
Program in Hamilton County. The Department of Job and Family1989
Services and the Adoption Connection Program shall agree on1990
reporting requirements to be incorporated into the grant1991
agreement.1992

       Sec. 63.36.  (A) Notwithstanding division (Q)(1) of section1993
5111.20 of the Revised Code, when calculating indirect care costs1994
for the purpose of establishing rates under section 5111.24 or1995
5111.241 of the Revised Code for fiscal year 2002, "per diem," as1996
used in sections 5111.20 to 5111.32 of the Revised Code, means a1997
nursing facility's or intermediate care facility for the mentally1998
retarded's actual, allowable indirect care costs in the cost1999
reporting period divided by the greater of the facility's2000
inpatient days for that period or the number of inpatient days the2001
facility would have had during that period if its occupancy rate2002
had been eighty-two per cent.2003

       (B) Notwithstanding division (Q)(1) of section 5111.20 of the2004
Revised Code, when calculating indirect care costs for the purpose2005
of establishing rates under section 5111.24 or 5111.241 of the2006
Revised Code for fiscal year 2003, "per diem," as used in sections2007
5111.20 to 5111.32 of the Revised Code, means a nursing facility's2008
or intermediate care facility for the mentally retarded's actual,2009
allowable indirect care costs in the cost reporting period divided2010
by the greater of the facility's inpatient days for that period or2011
the number of inpatient days the facility would have had during2012
that period if its occupancy rate had been eighty-seven per cent. 2013

       (C) Notwithstanding division (Q)(2) of section 5111.20 of2014
the Revised Code, when calculating capital costs for the purpose2015
of establishing rates under section 5111.25 or 5111.251 of the2016
Revised Code for fiscal year 2002, "per diem," as used in sections2017
5111.20 to 5111.32 of the Revised Code, means a nursing facility's2018
or intermediate care facility for the mentally retarded's actual,2019
allowable capital costs in the cost reporting period divided by2020
the greater of the facility's inpatient days for that period or2021
the number of inpatient days the facility would have had during2022
that period if its occupancy rate had been eighty-eight per cent.2023

       (E)(C) As soon as practicable, the Department of Job and2024
Family Services shall follow this section for the purpose of2025
calculating nursing facilities' and intermediate care facilities2026
for the mentally retarded's Medicaid reimbursement rates for2027
indirect care and capital costs for fiscal years 2002 and 2003. If2028
the Department is unable to calculate the rates before it makes2029
payments for services provided during fiscal year 2002 or 2003,2030
the Department shall pay a nursing facility or intermediate care2031
facility for the mentally retarded the difference between the2032
amount it pays the facility and the amount that would have been2033
paid had the Department made the calculation in time.2034

       Sec. 63.37. NURSING FACILITY STABILIZATION FUND2035

       (A) As used in this section:2036

       (1) "Inpatient days" and "nursing facility" have the same2037
meanings as in section 5111.20 of the Revised Code.2038

       (2) "Medicaid day" means all days during which a resident2039
who is a Medicaid recipient occupies a bed in a nursing facility2040
that is included in the facility's certified capacity under Title2041
XIX of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C.A.2042
1396, as amended. Therapeutic or hospital leave days for which2043
payment is made under section 5111.33 of the Revised Code are2044
considered Medicaid days proportionate to the percentage of the2045
nursing facility's per resident per day rate paid for those days.2046

       (B) The Department of Job and Family Services shall use2047
money in the Nursing Facility Stabilization Fund created under2048
section 3721.56 of the Revised Code to do all of the following:2049

       (1) Make payments to nursing facilities under sections2050
5111.20 to 5111.32 of the Revised Code;2051

       (2) Beginning with payments made to nursing facilities in2052
August 2001, make payments to each nursing facility for each2053
Medicaid day in fiscal years 2002 and 2003 in an amount equal to2054
sixty-nine and seven-tenths per cent of the franchise permit fee2055
the nursing facility pays under section 3721.53 of the Revised2056
Code for the fiscal year the department makes the payment divided2057
by the nursing facility's inpatient days for the calendar year2058
preceding the calendar year in which that fiscal year begins;2059

       (3) Beginning with payments made to nursing facilities in2060
August 2001, make payments to each nursing facility for fiscal2061
years 2002 and 2003 in an amount equal to one dollar and fifty2062
cents per Medicaid day for the purpose of enhancing quality of2063
care.2064

       (C) Any money remaining in the Nursing Facility2065
Stabilization Fund after payments specified in division (B) of2066
this section are made for fiscal years 2002 and 2003 shall be2067
retained in the fund. Any interest or other investment proceeds2068
earned on money in the fund shall be credited to the fund and used2069
to make payments in accordance with division (B) of this section.2070

       (D) Notwithstanding division (N) of section 5111.20 of the2071
Revised Code, the Department of Job and Family Services, in making2072
Medicaid payments to a nursing facility under sections 5111.20 to2073
5111.32 of the Revised Code, shall exclude from a nursing2074
facility's other protected costs the cost of sixty-nine and2075
seven-tenths per cent of the franchise permit fee that the nursing2076
facility pays under section 3721.53 of the Revised Code for fiscal2077
years 2002 and 2003 if the nursing facility receives payments2078
under division (B)(2) of this section for sixty-nine and2079
seven-tenths per cent of those franchise permit fees.2080

       Section 4. That existing Sections 13.04, 28.02, 41, 41.10,2081
44.02, 44.12, 56, 56.01, 63.09, 63.15, 63.36, and 63.37 of Am.2082
Sub. H.B. 94 of the 124th General Assembly are hereby repealed.2083

       Section 5. Section 175.21 of the Revised Code, as amended by2084
this act, shall take effect September 5, 2001.2085

       Section 6. Taxes imposed pursuant to Chapter 5748. of the2086
Revised Code that otherwise meet the requirements established2087
under division (A)(2) of Section 201 of Am. Sub. H.B. 94 of the2088
124th General Assembly shall be eligible for treatment as2089
"qualifying delinquent taxes" under Section 201 of that act. For2090
such purpose, "taxpayer", as used in that section, shall include2091
any individual or other person subject to the tax imposed under2092
Chapter 5748. of the Revised Code. Notwithstanding division (D) of2093
Section 201 of Am. Sub. H.B. 94 of the 124th General Assembly,2094
qualifying delinquent taxes and interest thereon collected2095
pursuant to this section shall be credited and distributed as2096
required under divisions (C) and (D) of section 5747.03 of the2097
Revised Code.2098

       Section 7.  This act is hereby declared to be an emergency2099
measure necessary for the immediate preservation of the public2100
peace, health, and safety. The necessity occurs because errors in2101
Am. Sub. H.B. 94 of the 124th General Assembly, the recently2102
enacted biennial operating budget measure, need to be cured at the2103
earliest possible time in order to prevent or remedy legislatively2104
unintended results. Therefore, this act shall go into immediate2105
effect.2106