Section 1. That sections 145.321, 145.326, 145.3210, 175.21, | 27 |
3307.693, 3307.695, 3307.698, 3309.371, 3309.376, 3309.3710, | 28 |
3318.084, 4507.52, 4519.10, 5505.171, and 5505.173 be amended and | 29 |
section 339.19 of the Revised Code be
enacted to read as follows: | 30 |
Sec. 145.321. On and after October 1, 1957, all persons in | 31 |
receipt of, or who are or become eligible to receive, a monthly | 32 |
allowance, pension, or other benefit effective prior to June 29, | 33 |
1955, which is payable or becomes payable pursuant to the | 34 |
provisions of sections 145.33 to 145.36 and 145.46 of the Revised | 35 |
Code, or an allowance payable at any time under an option elected | 36 |
by a member and effective prior to that date, shall be paid an | 37 |
increased allowance, pension, or benefit as follows: | 38 |
(C) On and after August 1, 1959 the monthly allowance, | 67 |
pension, or other benefit effective prior to June 29, 1955, | 68 |
(exclusive of any amount receivable monthly by reason of a | 69 |
voluntary deposit made for additional annuity), together with the | 70 |
supplemental allowance payable pursuant to divisions (A) and (B) | 71 |
of this section, shall be increased by twelve per cent. | 72 |
(D) Effective November 1, 1965, the allowances of each | 73 |
person who retired on or before June 30, 1955 and is receiving
age | 74 |
and service or disability benefits under sections 145.32,
145.33, | 75 |
145.34, and 145.36 of the Revised Code shall be increased
by one | 76 |
hundred twenty dollars annually, notwithstanding the final
average | 77 |
salary limitations in division
(F)(A)(6) of section
145.33 and | 78 |
division (B) of section 145.36 of the Revised Code. | 79 |
(E) Effective November 1, 1965, the allowances of each | 80 |
person who retired after June 30, 1955 and on or before October | 81 |
31, 1965 and is receiving age and service
ofor disability | 82 |
benefits under sections 145.32, 145.33, 145.34, and 145.36 of the | 83 |
Revised Code shall be increased by one hundred twenty dollars | 84 |
annually, which when added to the allowance in effect on October | 85 |
31, 1965, shall not exceed the final average salary limitations | 86 |
found in division
(F)(A)(6) of section 145.33 and division (B)
of | 87 |
section 145.36 of the Revised Code, except that the increase
shall | 88 |
not be less than seventy-two dollars annually. | 89 |
For the purposes of this section: (1) The total increase | 94 |
payable per month on or after November 1, 1965 to a retirant or | 95 |
beneficiary from one or more state systems shall not exceed the | 96 |
ten dollar increase as provided in this division, and (2) in all | 97 |
cases involving combined membership and service as provided for | 98 |
under section 145.37 of the Revised Code, only those cases which | 99 |
are being paid by the public employees retirement system shall be | 100 |
calculated under the provisions of this section. | 101 |
On or before August 1, 1982, and on or before the first day | 102 |
of August in each year thereafter, the public employees
retirement | 103 |
board shall certify to the treasurer of state the
amount required | 104 |
to be paid in the preceding fiscal year under
divisions (A) and | 105 |
(B) of this section. Upon receipt of this
certification, the | 106 |
treasurer of state shall pay the amount
certified. The amount | 107 |
received by the public employees
retirement board shall be | 108 |
credited to the proper fund from which
such additional payments | 109 |
are paid. | 110 |
Sec. 145.326. On and after December 31, 1971, all persons | 111 |
who retired and were eligible to receive a pension that was | 112 |
payable prior to July 1, 1968, pursuant to section 145.33,
145.34, | 113 |
or 145.36 of the Revised Code, or in the event of the
death of | 114 |
such persons, the person designated by the deceased to
receive | 115 |
payments under section 145.46 of the Revised Code, shall
receive | 116 |
an additional monthly payment of two dollars for each
year between | 117 |
the member's effective date of retirement or
disability and | 118 |
December 31, 1971, or an additional fifty dollars,
whichever is | 119 |
less.
On or before the first day of August in 1980
and on or | 120 |
before the first day of August in each year thereafter,
the public | 121 |
employees retirement board shall certify to the
treasurer of state | 122 |
the amount required to be paid in the
preceding fiscal year under | 123 |
this section. Upon receipt of such
certification, the treasurer | 124 |
of state shall pay to the public
employees retirement system the | 125 |
amount certified. | 126 |
Sec. 145.3210. (A) Effective July 1, 1981, each person | 127 |
eligible to receive an allowance, pension, or benefit pursuant to | 128 |
sections 145.33, 145.34, 145.36, 145.37, division (A) of section | 129 |
145.45, and section 145.46 of the Revised Code, that was based | 130 |
upon an award made effective before July 1, 1974, shall have
his | 131 |
the
person's
monthly allowance, pension, or benefit increased by | 132 |
five per
cent, except that the twelve-month sum of such increases | 133 |
shall
not exceed five per cent of the first five thousand dollars | 134 |
of
the annual allowance, pension, or benefit. | 135 |
(B) Effective July 1, 1981, each person receiving or | 136 |
qualified to receive a benefit, pursuant to division (B) of | 137 |
section 145.45 of the Revised Code, that was effective on and | 138 |
after June 14, 1951, through August 26, 1970, shall receive an | 139 |
increase in such benefit of five per cent. | 140 |
Sec. 175.21. (A) The low- and moderate-income housing
trust | 158 |
fund is hereby created in the state treasury. The fund
shall | 159 |
consist of all appropriations, grants, gifts, loan
repayments,
and | 160 |
contributions of money made from any source to the
department of | 161 |
development for the fund. All investment earnings
of the fund | 162 |
shall be
credited to the fund. The director of
development shall | 163 |
allocate a portion of the money in the fund to
an account of the | 164 |
Ohio housing finance agency. The department
shall administer the | 165 |
fund. The agency shall use money allocated
to it in the fund for | 166 |
implementing and administering its programs
and duties under | 167 |
sections 175.22 and 175.24 of the Revised Code,
and the
department | 168 |
shall use the remaining money in the fund for
implementing and | 169 |
administering its programs and duties under
sections 175.22 to | 170 |
175.25 of the Revised Code. Use of all money
in the fund is | 171 |
subject to the following restrictions: forty-five
per cent of the
| 172 |
amount of funds awarded during any one fiscal
year shall be used | 173 |
to make grants
and loans to nonprofit
organizations under section | 174 |
175.22 of the
Revised Code, not less
than
forty-fivefifty per | 175 |
cent of
the
amount of funds awarded
during any one fiscal year | 176 |
shall be
used
to make grants and loans
for activities
that will | 177 |
provide
housing
and housing assistance to
families and
individuals | 178 |
in
rural areas
and small cities that
would
not be
eligible to | 179 |
participate
as a participating
jurisdiction under the "HOME | 180 |
Investment Partnerships Act," 104
Stat. 4094 (1990), 42 U.S.C. | 181 |
12701 note, 12721, no
more than
sixfive per cent of the money in | 182 |
the
fund shall be used
for
administration, and no money in the | 183 |
fund
shall be used to pay
for
any legal services other than the | 184 |
usual
and customary legal
services
associated with the acquisition | 185 |
of
housing. Except as
otherwise provided
by
the director
under | 186 |
division (B) of this
section, money in the fund may be used
as | 187 |
matching money for
federal funds received by the state,
counties, | 188 |
municipal
corporations, and townships for the
activities listed in | 189 |
section
175.22 of the Revised Code. | 190 |
(B) If after the second quarter of any year it appears to | 191 |
the director that the full amount of the money in the low- and | 192 |
moderate-income housing trust fund designated in that year for | 193 |
activities that will provide housing and housing assistance to | 194 |
families and individuals in rural areas and small cities under | 195 |
division (A) of this section will not be so used, the director
may | 196 |
reallocate all or a portion of that amount for other housing | 197 |
activities. In determining whether or how to reallocate money | 198 |
under this division, the director may consult with and shall | 199 |
receive advice from the housing trust fund advisory committee. | 200 |
Sec. 339.19. Notwithstanding the amendment of sections | 201 |
339.38, 339.39, 339.42, and 339.43 of the Revised Code, the repeal | 202 |
of sections 339.20, 339.21, 339.22, 339.23, 339.231, 339.24, | 203 |
339.25, 339.26, 339.27, 339.28, 339.29, 339.30, 339.31, 339.32, | 204 |
339.33, 339.34, 339.35, 339.36, 339.37, 339.40, 339.41, 339.45, | 205 |
339.46, and 339.99 of the Revised Code, and any other changes made | 206 |
by Substitute Senate Bill No. 173 of the 123rd general assembly | 207 |
relative to the establishment, maintenance, and operation of a | 208 |
county tuberculosis hospital, a county tuberculosis hospital that | 209 |
was operating under those sections on the effective date of that | 210 |
act, October 10, 2000, may continue to exist and operate on and | 211 |
after that date as though the provisions of those sections were | 212 |
neither amended nor repealed and had remained in full force and | 213 |
effect. | 214 |
Sec. 3307.693. On and after October 1, 1957, all
persons
in | 215 |
receipt of, or who are or become eligible to receive, a
monthly | 216 |
allowance, pension, or other benefit effective prior to
June 29, | 217 |
1955, which is payable or becomes payable pursuant to
the | 218 |
provisions of former sections 3307.26, 3307.38, 3307.43, and | 219 |
3307.50
of the Revised Code, or an allowance payable at any time | 220 |
under an
option elected by a member and effective prior to that | 221 |
date,
shall be paid an increased allowance, pension, or benefit as | 222 |
follows: | 223 |
(C) On and after August 1, 1959, the monthly allowance, | 252 |
pension, or other benefit effective prior to June 29, 1955, | 253 |
(exclusive of any amount receivable monthly by reason of a | 254 |
voluntary deposit made for additional annuity, or for purchase of | 255 |
out-of-state credit on or after June 25, 1945), together with the | 256 |
supplemental allowance payable pursuant to divisions (A) and (B) | 257 |
of this section, shall be increased by twelve per cent. | 258 |
(D) Effective November 1, 1965, the allowances of all | 259 |
persons who retired before June 30, 1955, and who are receiving | 260 |
benefits as of October 31, 1965, except those granted under former | 261 |
section 3307.49 of the Revised Code, shall be increased ten | 262 |
dollars per month, notwithstanding the seventy-five per cent
final | 263 |
average salary limitation in former section 3307.38 of the
Revised | 264 |
Code and the sixty per cent final average salary limitation in | 265 |
former section 3307.43 of the Revised Code. | 266 |
(E) Effective November 1, 1965, the allowances of all | 267 |
persons who retired on or after June 30, 1955, and who are | 268 |
receiving benefits as of October 31, 1965, except those granted | 269 |
under former section 3307.49 of the Revised Code, but including | 270 |
allowances payable at any time under an option elected by a | 271 |
member, shall be increased by ten dollars per month, which when | 272 |
added to the allowance in effect on October 31, 1965, shall not | 273 |
exceed the seventy-five per cent final average salary limitation | 274 |
in former section 3307.38 of the Revised Code or the sixty per | 275 |
cent
final average salary limitation in former section 3307.43 of | 276 |
the
Revised
Code, provided that the increase shall not be less | 277 |
than six
dollars per month. | 278 |
(F) Beginning November 1, 1965, the monthly benefit
payable | 279 |
under division (C)(2) of former section 3307.49 of the Revised | 280 |
Code shall be increased six dollars for each survivor beneficiary | 281 |
receiving a benefit on October 31, 1965, and for each successor
to | 282 |
such benefit. Beginning November 1, 1965, all survivor | 283 |
beneficiaries receiving benefits as of October 31, 1965, under | 284 |
division (C)(1) of former section 3307.49 of the Revised Code | 285 |
shall be
increased six dollars per month. | 286 |
On or before August 1, 1982, and on or before the first day | 287 |
of August in each year thereafter, the state teachers retirement | 288 |
board shall certify to the treasurer of state the amount required | 289 |
to be paid in the preceding fiscal year under divisions (A) and | 290 |
(B) of this section. Upon receipt of this certification, the | 291 |
treasurer of state shall pay the amount certified. The amount | 292 |
received by the state teachers retirement board shall be credited | 293 |
to the proper fund from which such additional payments are paid. | 294 |
Sec. 3307.695. On and after December 31, 1971, all
persons | 295 |
who retired and were eligible to receive a pension that was | 296 |
payable prior to July 1, 1968, pursuant to former section 3307.38 | 297 |
or
3307.43 of the Revised Code, or in the event of the death of | 298 |
such
persons, the person designated by the deceased to receive | 299 |
payments under former section 3307.50 of the Revised Code, shall | 300 |
receive
an additional monthly payment of two dollars for each year | 301 |
between the member's effective date of retirement or disability | 302 |
and December 31, 1971, or an additional fifty dollars, whichever | 303 |
is less.
On or before the first day of August in 1980 and on or | 304 |
before the first day of August in each year thereafter, the state | 305 |
teachers retirement board shall certify to the treasurer of state | 306 |
the amount required to be paid in the preceding fiscal year under | 307 |
this section. Upon receipt of such certification, the treasurer | 308 |
of state shall pay to the state teachers retirement system the | 309 |
amount certified. | 310 |
Sec. 3307.698. (A) Effective July 1, 1981, each
person | 311 |
eligible to receive an allowance, pension, or benefit pursuant to | 312 |
former sections 3307.38, 3307.41, 3307.43, division (C)(1) of | 313 |
former section
3307.49, and former section 3307.50 of the Revised | 314 |
Code that was based
upon an award made effective before July 1, | 315 |
1974, shall have the
person's
monthly allowance, pension, or | 316 |
benefit increased by five per
cent, except that the twelve-month | 317 |
sum of such increases shall
not exceed five per cent of the first | 318 |
five thousand dollars of
the annual allowance, pension, or | 319 |
benefit. | 320 |
(B) Effective July 1, 1981, each person receiving or | 321 |
qualified to receive a benefit, pursuant to division (C)(2) of | 322 |
former section 3307.49 of the Revised Code, that was effective on | 323 |
and
after June 14, 1951, through August 26, 1970, shall receive an | 324 |
increase in such benefit of five per cent. | 325 |
Sec. 3309.371. On and after October 1, 1957, all persons
in | 343 |
receipt of, or who are or become eligible to receive, a
monthly | 344 |
allowance, pension, or other benefit effective prior to
June 29, | 345 |
1955, which is payable or becomes payable pursuant to
sections | 346 |
3309.36 to 3309.38, 3309.40, and 3309.65 of the Revised
Code, or | 347 |
an allowance payable at any time under an option elected
by a | 348 |
member and effective prior to that date, shall be paid an | 349 |
increased allowance, pension, or benefit as follows: | 350 |
(C) On and after August 1, 1959, the monthly allowance, | 379 |
pension, or other benefit effective prior to June 29, 1955, | 380 |
(exclusive of any amount receivable monthly by reason of a | 381 |
voluntary deposit made for additional annuity), together with the | 382 |
supplemental allowance payable pursuant to divisions (A) and (B) | 383 |
of this section, shall be increased by twelve per cent. | 384 |
On or before August 1, 1982, and on or before the first day | 385 |
of August in each year thereafter, the school employees
retirement | 386 |
board shall certify to the treasurer of state the
amount required | 387 |
to be paid in the preceding fiscal year under
divisions (A) and | 388 |
(B) of this section.
UPon receipt of this
certification, the | 389 |
treasurer of state shall pay the amount
certified. The amount | 390 |
received by the school employees
retirement board shall be | 391 |
credited to the proper fund from which
such additional payments | 392 |
are paid. | 393 |
Sec. 3309.376. On and after December 31, 1971, all persons | 394 |
who retired and were eligible to receive a pension that was | 395 |
payable prior to July 1, 1968, pursuant to section 3309.36, | 396 |
3309.38, or 3309.40 of the Revised Code, or in the event of the | 397 |
death of such persons, the person designated by the deceased to | 398 |
receive payments under section 3309.46 of the Revised Code, shall | 399 |
receive an additional monthly payment of two dollars for each
year | 400 |
between the member's effective date of retirement or
disability | 401 |
and December 31, 1971, or an additional fifty dollars,
whichever | 402 |
is less.
On or before the first day of August in 1980
and on or | 403 |
before the first day of August in each year thereafter,
the school | 404 |
employees retirement board shall certify to the
treasurer of state | 405 |
the amount required to be paid in the
preceding fiscal year under | 406 |
this section. Upon receipt of such
certification, the treasurer | 407 |
of state shall pay to the school
employees retirement system the | 408 |
amount certified. | 409 |
Sec. 3309.3710. (A) Effective July 1, 1981, each person | 410 |
eligible to receive an allowance, pension, or benefit pursuant to | 411 |
sections 3309.35, 3309.36, 3309.38, 3309.40, division (A) of | 412 |
section 3309.45, and section 3309.46 of the Revised Code that was | 413 |
based upon an award made effective before July 1, 1974, shall
have | 414 |
histhe person's monthly allowance, pension, or benefit
increased | 415 |
by five
per cent, except that the twelve-month sum of such | 416 |
increases
shall not exceed five per cent of the first five | 417 |
thousand dollars
of the annual allowance, pension, or benefit. | 418 |
(B) Effective July 1, 1981, each person receiving or | 419 |
qualified to receive a benefit, pursuant to division (B) of | 420 |
section 3309.45 of the Revised Code, that was effective on and | 421 |
after June 14, 1951, through August 26, 1970, shall receive an | 422 |
increase in such benefit of five per cent. | 423 |
Upon the request of the school district board to apply | 457 |
local donated contribution under division (A)(2) of this section, | 458 |
the commission in consultation with the department of taxation | 459 |
shall determine the amount of total revenue that likely would be | 460 |
generated by one-half mill of the tax described in division (B) of | 461 |
section 3318.05 of the Revised Code over the entire | 462 |
twenty-three-year period required under that section and shall | 463 |
deduct from that amount any amount of local donated contribution | 464 |
that the board has committed to apply under division (A)(2) of | 465 |
this section. The commission then shall determine in consultation | 466 |
with the department of taxation the rate of tax over twenty-three | 467 |
years necessary to generate the amount of a one-half mill tax not | 468 |
offset by the local donated contribution. Notwithstanding | 469 |
anything to the contrary in section 3318.06, 3318.061, or
3318.361 | 470 |
of the Revised Code, the rate determined by the
commission shall | 471 |
be the rate for which the district board shall seek elector | 472 |
approval under those sections to meet its obligation under | 473 |
division (B) of section 3318.05 of the Revised Code. In the case | 474 |
of a complete offset of the district's obligation under division | 475 |
(B) of section 3318.05 of the Revised Code, the district shall not | 476 |
be required to levy the tax otherwise required under that section. | 477 |
At the end of the twenty-three-year period of the tax required | 478 |
under division (B) of section 3318.05 of the Revised Code, whether | 479 |
or not the tax is actually levied, the commission in consultation | 480 |
of the department of taxation shall recalculate the amount that | 481 |
would have been generated by the tax if it had been levied at | 482 |
one-half mill. If the total amount actually generated over that | 483 |
period from both the tax that was actually levied and any local | 484 |
donated contribution applied under division (A)(2) of this section | 485 |
is less than the amount that would have been raised by a one-half | 486 |
mill tax, the district shall pay any difference. If the total | 487 |
amount actually raised in such manner is greater than the amount | 488 |
that would have been raised by a one-half mill tax the difference | 489 |
shall be zero and no payments shall be made by either the district | 490 |
or the commission. | 491 |
(B)(2) Any irrevocable letter of credit issued on behalf of | 500 |
a school
district or any cash a school district has on hand, | 501 |
including any year-end operating fund balances, that can be spent | 502 |
for
classroom
facilities, either of which the
school district | 503 |
board has encumbered for payment of the school district's
share of | 504 |
its project under sections 3318.01 to 3318.20 of the Revised
Code | 505 |
and either of which has been approved by the
Ohio
school | 506 |
facilities commission in consultation with the department of | 507 |
education. | 508 |
The identification card shall display substantially the
same | 524 |
information as contained in the application and as described in | 525 |
division (A)(1) of section 4507.51 of the Revised Code,
including | 526 |
the cardholder's social security number unless the cardholder | 527 |
specifically requests that the cardholder's social security number | 528 |
not be
displayed on the card. If federal law requires the | 529 |
cardholder's social
security number to be displayed on the | 530 |
identification card, the social
security number shall be displayed | 531 |
on the card notwithstanding a request to
not display the number | 532 |
pursuant to this section. The identification card also
shall | 533 |
display the color photograph of the cardholder. If
the cardholder | 534 |
has executed a
durable power of attorney for health care or a | 535 |
declaration
governing the use or continuation, or the withholding | 536 |
or
withdrawal, of life-sustaining treatment and has specified that | 537 |
the cardholder wishes the identification
card to indicate that the | 538 |
cardholder has
executed either type of instrument, the card also | 539 |
shall
display
any symbol chosen by the registrar to indicate that | 540 |
the
cardholder has executed either type of instrument. The card | 541 |
shall be sealed in transparent plastic or similar material and | 542 |
shall be so designed as to prevent its reproduction or alteration | 543 |
without ready detection. | 544 |
Every identification card issued to a resident of this state | 553 |
shall
expire, unless canceled or
surrendered earlier, on the | 554 |
birthday of the cardholder in the
fourth year after the date on | 555 |
which it is issued. Every identification
card issued to a | 556 |
temporary resident shall expire in accordance with rules
adopted | 557 |
by the registrar and is nonrenewable, but may be replaced with a | 558 |
new
identification card upon the applicant's compliance with all | 559 |
applicable
requirements. A cardholder
may renew the cardholder's | 560 |
identification card within
ninety days prior to the day on which | 561 |
it expires by filing an
application and paying the prescribed fee | 562 |
in accordance with section 4507.50
of the Revised Code. | 563 |
When a cardholder applies for a duplicate or obtains a | 583 |
replacement identification card, the cardholder shall
pay a fee of | 584 |
two dollars
and fifty cents. A deputy registrar shall be allowed | 585 |
an
additional fee of
threetwo dollars
and seventy-five cents | 586 |
commencing on July 1, 2001,
three dollars and twenty-five cents | 587 |
commencing on January 1, 2003,
and three dollars and fifty cents | 588 |
commencing on January 1, 2004,
for
issuing a duplicate or | 589 |
replacement identification card.
A
disabled veteran who is a | 590 |
cardholder and has a
service-connected
disability rated at one | 591 |
hundred per cent by
the veterans'
administration may apply to
the | 592 |
registrar or a deputy registrar
for the issuance of a
duplicate or | 593 |
replacement identification card
without payment of
any fee | 594 |
prescribed in this section, and without
payment of any
lamination | 595 |
fee if the disabled veteran would not be
required to
pay a | 596 |
lamination fee in connection with the issuance
of an | 597 |
identification card or temporary identification card as
provided | 598 |
in division (B) of section
4507.50 of the Revised
Code. | 599 |
Sec. 4519.10. (A) The purchaser of an off-highway | 625 |
motorcycle or
all-purpose vehicle, upon application and proof of | 626 |
purchase, may obtain a
temporary license placard for it. The | 627 |
application for such a placard shall be
signed by the purchaser of | 628 |
the off-highway motorcycle or all-purpose vehicle.
The temporary | 629 |
license placard shall be issued only for the applicant's use of | 630 |
the off-highway motorcycle or all-purpose vehicle to enable the | 631 |
applicant to
operate it legally while proper title and a | 632 |
registration sticker are being
obtained and shall be displayed on | 633 |
no other off-highway motorcycle or
all-purpose vehicle. A | 634 |
temporary license placard issued under this section
shall be in a | 635 |
form prescribed by the registrar of motor vehicles, shall differ | 636 |
in some distinctive manner from a placard
issued under section | 637 |
4503.182 of the Revised Code,
shall be valid for a period of | 638 |
thirty days from the date of issuance, and
shall not be | 639 |
transferable or renewable. The placard either shall consist of
or | 640 |
be coated with such material as will enable it to remain legible | 641 |
and
relatively intact despite the environmental conditions to | 642 |
which the placard is
likely to be exposed during the thirty-day | 643 |
period for which it is valid. The
purchaser of an off-highway | 644 |
motorcycle or all-purpose vehicle shall attach the
temporary | 645 |
license placard to it, in a manner prescribed by rules the | 646 |
registrar
shall adopt, so that the placard numerals or letters are | 647 |
clearly visible. | 648 |
The fee for a temporary license placard issued under this | 649 |
section shall be
two dollars. If the placard is issued by a | 650 |
deputy registrar, the deputy
registrar shall charge an additional | 651 |
fee of
two dollars and
seventy-five cents
commencing
on July 1, | 652 |
2001, three dollars and twenty-five cents commencing on
January 1, | 653 |
2003, and three dollars and fifty cents commencing on
January 1, | 654 |
2004,
which the deputy registrar shall retain. The
deputy | 655 |
registrar shall transmit
each two-dollar fee received by
the | 656 |
deputy registrar under this section to the
registrar, who
shall | 657 |
pay the two dollars to the treasurer of state for deposit
into the | 658 |
state bureau of motor vehicles fund established by
section 4501.25 | 659 |
of the Revised Code. | 660 |
Sec. 5505.171. (A) All persons who retired and were | 671 |
eligible to receive a pension that was payable prior to July 1, | 672 |
1968, pursuant to division (A)(1) of section 5505.17 or division | 673 |
(B)(1) of section 5505.18 of the Revised Code, shall receive an | 674 |
additional monthly payment of two dollars for each year between | 675 |
the member's effective date of retirement or disability and | 676 |
December 31, 1971, or an additional fifty dollars, whichever is | 677 |
less. | 678 |
(B) Each person who retired and was eligible to receive a | 686 |
pension,
other than
a reduced pension, that was payable prior to | 687 |
the effective date of this
amendmentJune 30, 2000, pursuant to | 688 |
division (A)
or (B) of section 5505.16 or division (B) of section | 689 |
5505.18 of the Revised
Code shall have the pension recalculated by | 690 |
the board so that the person
receives a monthly pension of not | 691 |
less than one thousand fifty dollars.
Any pension
increase | 692 |
resulting from a recalculation made under this division shall be | 693 |
included in the calculation of the additional benefit paid under | 694 |
section
5505.174 of the Revised Code. | 695 |
Sec. 5505.173. (A) Effective July 1, 1981, each person | 703 |
eligible to receive an age and service or disability pension, | 704 |
allowance, or benefit pursuant to Chapter 5505. of the Revised | 705 |
Code, that was based upon an award made effective before October | 706 |
1, 1974, shall have
histhe person's monthly pension increased
by | 707 |
five per cent of the first five thousand dollars of the annual | 708 |
pension,
allowance, or benefit. | 709 |
(B) Effective July 1, 1981, each person eligible to
receive | 710 |
a survivor's benefit pursuant to Chapter 5505. of the
Revised Code | 711 |
that was based upon an award made effective before
July 1, 1981, | 712 |
shall have
histhe person's monthly benefit
increased by five per | 713 |
cent, except that the twelve-month sum of such increases
shall not | 714 |
exceed five per cent of the first five thousand dollars
of the | 715 |
annual benefit. | 716 |
(E) On or before the first day of August in 1982, and on
or | 723 |
before the first day of August in each year thereafter, the
state | 724 |
highway patrol retirement board shall certify to the
treasurer of | 725 |
state the amounts needed to pay the cost of the
additional | 726 |
payments required under this section for the preceding
fiscal | 727 |
year. Upon receipt of these certifications, the treasurer
of | 728 |
state shall pay the amount certified. | 729 |
Section 2. That existing sections 145.321, 145.326, 145.3210, | 730 |
175.21, 3307.693, 3307.695, 3307.698, 3309.371, 3309.376, | 731 |
3309.3710, 3318.084, 4507.52, 4519.10, 5505.171, and 5505.173 of | 732 |
the
Revised Code
are hereby repealed. | 733 |
The foregoing appropriation item 100-451, Minority
Affairs, | 738 |
shall be used to establish minority affairs programs within the | 739 |
Equal Opportunity Division. The office shall provide an
access | 740 |
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-cultural | 743 |
opportunities and understanding in the state of
Ohio. | 744 |
TheIf the director determines that unspent and unobligated | 753 |
cash balances in the General Revenue Fund are sufficient to do so, | 754 |
the Director of Budget and Management, at the request of the | 755 |
Director of Development, may
transferincrease by up to $25 | 756 |
million
in
unobligated, unspent GRF appropriations over the | 757 |
biennium
toappropriations in existing GRF appropriation items or | 758 |
new appropriation items created by the Director of Budget and | 759 |
Management for the
Department of Development to support
GRF-funded | 760 |
economic
development projects for which appropriations would not | 761 |
otherwise
be available.
The amounts transferredSuch increases are | 762 |
hereby appropriated. | 763 |
Notwithstanding sections 1555.08 and 1555.15 of the Revised | 765 |
Code, on July 1, 2001, or as soon as possible thereafter, the | 766 |
Director of Budget and Management shall transfer all cash in the | 767 |
Coal Research and Development Fund (Fund 046), which represents | 768 |
investment earnings of that fund previously credited to that fund, | 769 |
to the General Revenue Fund. | 770 |
(A) As used in this section,
"emergency shelter housing" | 861 |
means a
structure
suitable for the temporary housing of the | 862 |
homeless and the
provision of, or
referral to, supportive | 863 |
services. Shelters that restrict
admission to victims
of domestic | 864 |
violence, runaways, or alcohol or substance abusers
shall not be | 865 |
considered emergency shelter housing. | 866 |
(B) The foregoing appropriation item 195-440, Emergency | 867 |
Shelter Housing
Grants, shall be used by the Office of Housing and | 868 |
Community Partnerships in
the Department of Development to make | 869 |
grants to private, nonprofit
organizations to provide emergency | 870 |
shelter housing for the homeless. The
department shall distribute | 871 |
the grants pursuant to rules adopted by the
Director of | 872 |
Development. The director may amend or rescind
the rules and may | 873 |
adopt other rules necessary to implement this section. In awarding | 874 |
grants, the department shall give preference to organizations | 875 |
applying to fund existing emergency shelter housing. | 876 |
The department shall notify each organization that applied | 877 |
for a grant under
this section of the amount of its grant award, | 878 |
if any. To receive a grant,
the organization shall provide | 879 |
matching funds equal to 50 per cent of the
total grant it was | 880 |
awarded. The organization shall expend its grant for
shelter | 881 |
operations and supportive services, which include employment | 882 |
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 the | 885 |
Department of Job and Family Services. | 886 |
The foregoing appropriation item 195-619, TANF Housing | 907 |
Program, shall be used to provide supportive services for | 908 |
low-income families related to housing or homelessness, including | 909 |
housing counseling; to provide grants to nonprofit organizations | 910 |
to assist Title IV-A eligible families with incomes at or below | 911 |
200 per cent of the federal poverty guidelines with down-payment | 912 |
assistance for homeownership or down-payment assistance toward the | 913 |
purchase of mobile homes, to provide emergency home repair funding | 914 |
for Title IV-A eligible families with incomes at or below 200 per | 915 |
cent of the federal poverty guidelines; to provide operating | 916 |
support for family emergency shelter programs; and to provide | 917 |
emergency rent and mortgage assistance for families with incomes | 918 |
at or below 200 per cent of the federal poverty guidelines. The | 919 |
funds shall not be used to match federal funds. | 920 |
The Department of Job and Family Services shall transfer into | 926 |
the TANF Housing Fund (3X3) of the Department of Development, | 927 |
which is hereby created, funds necessary to reimburse allowable | 928 |
TANF Housing Program expenditures as reported by the Department of | 929 |
Development. The transfer of funds shall be made by intrastate | 930 |
transfer vouchers processed against appropriation item 600-689, | 931 |
TANF Block Grant, of the Department of Job and Family Services and | 932 |
shall not exceed $5,200,000 in fiscal year 2002. The Controlling | 933 |
Board may approve additional transfers in fiscal year 2003 | 934 |
pursuant to requests submitted by the Department of Job and Family | 935 |
Services after consultation with the Department of Development and | 936 |
approved by the Office of Budget and Management. The amounts | 937 |
transferred in fiscal year 2003 are hereby appropriated. | 938 |
the Director of Budget and
Management shall
transfer | 953 |
$76,156,175 from Fund 3W6, TANF
Education, to the General Revenue | 954 |
Fund.
the Director of Budget and Management
shall transfer | 955 |
$98,843,825 from Fund 3W6, TANF Education, to the General
Revenue | 956 |
Fund. The transferred funds are appropriated for the
appropriation | 957 |
item 200-406, Head Start. The foregoing appropriation item | 958 |
200-406, Head Start, includes transferred funds of $76,156,175 in | 959 |
fiscal year 2002 and $98,843,825 in fiscal year 2003. | 960 |
ThePursuant to the interagency agreement entered into | 964 |
between the Department of Education and the Department of Job and | 965 |
Family Services under division (A)(2) of section 5101.801 of the | 966 |
Revised Code, the remainder of foregoing appropriation item | 967 |
200-406, Head
Start, shall
be distributed by
the Department of | 968 |
Education to Head
Start
agencies. A
"Head Start agency"
means an | 969 |
entity that has
been
approved to be an agency in accordance with | 970 |
Section
641 (42
U.S.C.
9836) of the Head Start Act and amendments | 971 |
thereto,
or an
entity
designated for state Head Start funding | 972 |
under
this section.
Participation in state-funded Head Start | 973 |
programs is voluntary. | 974 |
(A) In fiscal years 2002 and 2003, up to two per cent of the | 981 |
appropriation may be used by the department for administrative | 982 |
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 Community | 985 |
Development Finance Fund (CDFF). Up to
$1,530,000 in fiscal year | 986 |
2002 and up to $1,560,600 in fiscal year 2003 may be used
for the | 987 |
services of literacy specialist and
training in early literacy for | 988 |
Head Start classroom teachers and
administrators to support the | 989 |
OhioReads Initiative. | 990 |
In order to serve children whose families receive child care | 1018 |
subsidy and whose incomes do not exceed 185 per cent of the | 1019 |
federal poverty guidelines, Head Start grantees may enroll | 1020 |
children whose families receive child care subsidy from the Ohio | 1021 |
Department of Job and Family Services. Head Start grantees | 1022 |
providing full-day, full-year comprehensive services, or otherwise | 1023 |
meeting the child care needs of working families, may partner with | 1024 |
child care centers or family day care homes or may access child | 1025 |
care subsidy directly. This provision is to meet the child care | 1026 |
needs of low-income families who are working, in training or | 1027 |
education programs, or participating in Ohio Works First
appproved | 1028 |
approved
activities. | 1029 |
(D) After setting aside amounts to make any payments due | 1030 |
from the prior
fiscal year,
pursuant to the interagency agreement, | 1031 |
in fiscal years 2002 and 2003, funds
shall only be distributed
to | 1032 |
recipients of Head Start funds
during
the preceding fiscal year. | 1033 |
Awards under
this
division shall be
based on a per-pupil formula | 1034 |
prescribed by the Department of
Education and may
be adjusted for | 1035 |
one-time
start-up costs, actual
months of program
operation, or | 1036 |
the number of children enrolled
and
receiving services, as defined | 1037 |
by the Department of Education,
reported during the first full | 1038 |
week of
December, and may be
increased by a reasonable percentage | 1039 |
for
inflation to be
determined by the
Department of Education and | 1040 |
in
accordance with
this section.
ThePursuant to the interagency | 1041 |
agreement, the department may redistribute
dollars to programs | 1042 |
demonstrating an unmet
need based on updated
assessments of family | 1043 |
needs and community resources. In fiscal
years 2002 and 2003, the | 1044 |
department may authorize recipients to
carry over
funds to the | 1045 |
subsequent fiscal year. | 1046 |
TheIn accordance with the interagency agreement, the | 1047 |
department may reallocate unobligated or unspent money to | 1048 |
participating
Head Start agencies for: (1) facilities planning | 1049 |
grants and to leverage construction, renovation, or lease | 1050 |
agreements and for repair of critical deferred maintenance and | 1051 |
safety items in combination with the CDFF; (2) teacher | 1052 |
professional development and enhanced compensation in order to | 1053 |
meet the requirements of section 3301.311 of the Revised Code; (3) | 1054 |
meeting the documentation and reporting requirements and for | 1055 |
technical support in accordance with division (F) of this section; | 1056 |
and (4)
expansion, improvement, or special
projects to promote | 1057 |
excellence
and innovation. | 1058 |
All recipients of funds shall maintain such fiscal control | 1063 |
and
accounting procedures as may be necessary to ensure the | 1064 |
disbursement of, and accounting for, these funds
in accordance | 1065 |
with section 5101.801 of the Revised Code. The control of
funds | 1066 |
provided in this program, and title to property obtained | 1067 |
therefrom, shall be under the authority of the approved recipient | 1068 |
for purposes provided in the program. The approved recipient | 1069 |
shall
administer and use such property and funds for the purposes | 1070 |
specified. | 1071 |
The
departmentDepartment of Education shall require | 1095 |
corrective plans of action for
programs not achieving target | 1096 |
levels or financial and program
standards.
Action plans shall | 1097 |
include activities to
be conducted
by the grantee and timelines | 1098 |
for activities to be completed and
timelines for additional data | 1099 |
submission to the department
demonstrating
targets have been met. | 1100 |
The Policy Council
chairperson and the appropriate
grantee board | 1101 |
official shall sign
the corrective plans of action. | 1102 |
(G) The department shall develop prekindergarten reading and | 1110 |
mathematics content standards and model curricula. These | 1111 |
standards and curricula shall be made available to grantees. Head | 1112 |
Start grantees delegate agencies, and child care partners shall | 1113 |
document child
progress, using a common instrument prescribed by | 1114 |
the department,
and report results annually. The department shall | 1115 |
determine the
dates for documenting and reporting. | 1116 |
(H) New agencies may be designated for state Head Start | 1117 |
funding if a Head Start agency voluntarily waives its right for | 1118 |
funding or is de-funded based on performance. In either event, | 1119 |
the grantee and delegate shall transfer
control of title to | 1120 |
property, equipment, and remaining supplies
obtained through this | 1121 |
program to the newly designated grantee and
return any unexpended | 1122 |
funds to the department along with any
reports prescribed by the | 1123 |
department. | 1124 |
(J) The Department of Education shall comply with all TANF | 1132 |
requirements,
including reporting requirements and timelines, as | 1133 |
specified in state and
federal laws, federal regulations, state | 1134 |
rules, and the Title IV-A state
plan, and is responsible for | 1135 |
payment of any adverse audit finding, final
disallowance of | 1136 |
federal financial participation, or other sanction or
penalty | 1137 |
issued by the federal government or other entity concerning these | 1138 |
funds.
Having met all of the above requirements, the Department | 1139 |
shall have the authority to administer these funds in accordance | 1140 |
with its own rules and guidelines, including grant administration | 1141 |
procedures.The interagency agreement between the Department of | 1142 |
Education and the Department of Job and Family Services shall | 1143 |
establish conditions for the reimbursement of allowable Title IV-A | 1144 |
funds as specified in 42 U.S.C.A. 604(a), except that they may not | 1145 |
be "assistance" as defined in 45 C.F.R. 260.31(a). The benefits | 1146 |
and services shall be benefits and services that 45 C.F.R. | 1147 |
260.31(b) excludes from the definition of "assistance." The | 1148 |
interagency agreement also shall require that Head Start agencies | 1149 |
comply with requirements of Title IV-A of the "Social Security | 1150 |
Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, including | 1151 |
eligibility of individuals, reporting requirements, allowable | 1152 |
benefits and services, use of funds, and audit requirements, as | 1153 |
specified in state and federal laws, federal regulations, state | 1154 |
rules, federal office of management and budget circulars, and the | 1155 |
Title IV-A state plan. The Department of Education shall be | 1156 |
responsible for assuring that all Title IV-A funds are used solely | 1157 |
for purposes allowable under federal regulations, section 5101.801 | 1158 |
of the Revised Code, and the Title IV-A state plan. | 1159 |
The foregoing appropriation item 200-511, Auxiliary
Services, | 1177 |
shall be used by the State Board of Education for the
purpose of | 1178 |
implementing section 3317.06 of the Revised Code. Of
the | 1179 |
appropriation, up to $1,250,000 in fiscal year 2002 and up to | 1180 |
$1,500,000 in fiscal year 2003 may be used for payment of the | 1181 |
Post-Secondary Enrollment
Options Program for nonpublic students | 1182 |
pursuant to section
3365.10 of the Revised Code. | 1183 |
The foregoing appropriation item 200-513, Student | 1185 |
Intervention Services,
shall be used to assist districts
providing | 1186 |
the intervention services specified in section 3313.608 of the | 1187 |
Revised Code.
The Department of Education
shall establish | 1188 |
guidelines for the use and distribution of these moneys
in | 1189 |
accordance with the interagency agreement entered into between the | 1190 |
Department of Education and the Department of Job and Family | 1191 |
Services under division (A)(2) of section 5101.801 of the Revised | 1192 |
Code. School
districts receiving funds from this appropriation | 1193 |
shall report to
the Department of Education on how funds were | 1194 |
used. | 1195 |
the
Director of Budget and
Management
shall transfer | 1196 |
$35,000,000 from Fund 3W6, TANF
Education, to the General
Revenue | 1197 |
Fund. The transferred funds are
appropriated for the
appropriation | 1198 |
item 200-513, Student
Intervention Services. The foregoing | 1199 |
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 TANF | 1202 |
requirements,
including reporting requirements and timelines, as | 1203 |
specified in state and
federal laws, federal regulations, state | 1204 |
rules, and the Title IV-A state
plan, and is responsible for | 1205 |
payment of any adverse audit finding, final
disallowance of | 1206 |
federal financial participation, or other sanction or
penalty | 1207 |
issued by the federal government or other entity concerning these | 1208 |
funds. | 1209 |
The interagency agreement between the Department of Education | 1210 |
and the Department of Job and Family Services shall establish | 1211 |
conditions for the reimbursement of allowable Title IV-A funds as | 1212 |
specified in 42 U.S.C.A. 604(a), except that they may not be | 1213 |
"assistance" as defined in 45 C.F.R. 260.31(a). The benefits and | 1214 |
services shall be benefits and services that 45 C.F.R. 260.31(b) | 1215 |
excludes from the definition of "assistance." The interagency | 1216 |
agreement also shall require that school districts receiving funds | 1217 |
from this appropriation comply with requirements of Title IV-A of | 1218 |
the "Social Security Act," 49 Stat 620 (1935), 42 U.S.C. 301, as | 1219 |
amended, including eligibility of individuals, reporting | 1220 |
requirements, allowable benefits and services, use of funds, and | 1221 |
audit requirements, as specified in state and federal laws, | 1222 |
federal regulations, state rules, federal office of management and | 1223 |
budget circulars, and the Title IV-A state plan. The Department | 1224 |
of Education shall be responsible for assuring that all Title IV-A | 1225 |
funds are used solely for purposes allowable under federal | 1226 |
regulations, section 5101.801 of the Revised Code, and the Title | 1227 |
IV-A state plan. | 1228 |
Of the foregoing appropriation item 200-514, | 1235 |
Post-Secondary/Adult Career-Technical Education, up to $500,000
in | 1236 |
each
fiscal year shall be allocated for the Ohio Career | 1237 |
Information
System (OCIS) and used for the dissemination of
career | 1238 |
information
data to public schools, libraries, rehabilitation | 1239 |
centers, two-
and four-year colleges and universities, and other | 1240 |
governmental
units. | 1241 |
The foregoing appropriation item 200-520, Disadvantaged
Pupil | 1247 |
Impact Aid, shall be distributed to school districts according to | 1248 |
section
3317.029 of the Revised Code.
However, no money shall be | 1249 |
distributed for all-day kindergarten to any school district whose | 1250 |
three-year
average formula ADM exceeds 17,500 but whose DPIA index | 1251 |
is not at least equal
to 1.00 in each fiscal year, unless the | 1252 |
Department of Education
certifies that
sufficient funds
exist in | 1253 |
this appropriation to
make all other
payments required by section | 1254 |
3317.029 of the
Revised Code. | 1255 |
Of the foregoing appropriation item 200-520, Disadvantaged | 1269 |
Pupil Impact Aid,
up to $3,200,000 in fiscal year 2002 and up to | 1270 |
$3,300,000 in fiscal year 2003
shall be used for school breakfast | 1271 |
programs. Of these amounts, up to
$500,000
shall be used each | 1272 |
year by the Department of Education to provide start-up
grants to | 1273 |
rural school districts and to school districts with less than | 1274 |
1,500
ADM that start school breakfast programs. The
remainder of | 1275 |
the appropriation shall be used to: (1) partially
reimburse | 1276 |
school buildings within school districts that are required to have | 1277 |
a
school breakfast program pursuant to section 3313.813 of the | 1278 |
Revised Code, at
a rate decided by the department, for each | 1279 |
breakfast served to any pupil
enrolled in the district; (2) | 1280 |
partially reimburse districts participating in
the National School | 1281 |
Lunch Program that have at least 20 per cent of students
who are | 1282 |
eligible for free and reduced meals according to federal | 1283 |
standards, at
a rate decided by the department; and (3) to | 1284 |
partially reimburse
districts participating in the National School | 1285 |
Lunch Program for breakfast
served to children eligible for free | 1286 |
and reduced meals enrolled in the
district, at a rate decided by | 1287 |
the department. | 1288 |
Of the portion of the funds distributed to the Cleveland City | 1289 |
School
District under section 3317.029 of the Revised Code | 1290 |
calculated under division (F)(2) of that section, up to | 1291 |
$14,903,943 in fiscal year 2002 and up to $18,066,820 in fiscal | 1292 |
year 2003
shall be used to operate the pilot school
choice program | 1293 |
in the Cleveland City School District pursuant to sections | 1294 |
3313.974 to 3313.979 of the Revised Code. | 1295 |
Of the foregoing appropriation item 440-416, Child and
Family | 1396 |
Health Services, $1,700,000 in each fiscal year shall be
used for | 1397 |
family planning services. None of the funds received through | 1398 |
these family
planning grants shall be used
to provide abortion | 1399 |
services. None of the funds received through these family | 1400 |
planning grants shall be used for counseling for or referrals for | 1401 |
abortion, except
in the case of a medical emergency. These funds | 1402 |
shall be
distributed on
the basis of the relative need in the | 1403 |
community
served by the
Director of Health to family planning | 1404 |
programs,
which shall include family
planning programs funded | 1405 |
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 Health | 1407 |
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 Department | 1409 |
of
Health also
determines will provide services that are | 1410 |
physically and financially separate from abortion-providing and | 1411 |
abortion-promoting activities, and that do not include counseling | 1412 |
for or
referrals for
abortion, other than in the case of medical | 1413 |
emergency, with state
moneys, but that otherwise substantially | 1414 |
comply with the
quality
standards for such programs under Title V | 1415 |
and Title X. | 1416 |
The Director of Health, by rule, shall provide reasonable | 1417 |
methods by
which a grantee wishing to be eligible for federal | 1418 |
funding may comply with
these requirements for state funding | 1419 |
without losing its eligibility for
federal funding, while ensuring | 1420 |
that a family
planning program receiving a family planning grant | 1421 |
must be organized so that
it is physically and financially | 1422 |
separate from the provision of abortion
services and from | 1423 |
activities promoting abortion as a method of family
planning. | 1424 |
Notwithstanding section 339.77 of the Revised Code, $60,000 | 1490 |
of the foregoing appropriation
item 440-446, Infectious Disease | 1491 |
Prevention, shall
be used by the Director of
Health to reimburse | 1492 |
Boards of County
Commissioners for the cost of detaining indigent | 1493 |
persons with
tuberculosis. Any portion of the $60,000 allocated | 1494 |
for detainment
not used
for that purpose shall be used to make | 1495 |
payments to
counties pursuant to
section 339.77 of the Revised | 1496 |
Code. | 1497 |
The foregoing appropriation item 440-459, Help Me Grow,
shall | 1502 |
be used by the Department of Health to distribute subsidies
to | 1503 |
counties to implement section 3701.61 of the Revised Code. | 1504 |
Appropriation item 440-459 may be
used in
conjunction with | 1505 |
Temporary Assistance for Needy Families
from the
Department of Job | 1506 |
and Family Services, Even Start from
the
Department of Education, | 1507 |
and in conjunction with other early
childhood funds and services | 1508 |
to promote the optimal development of
young children. Local | 1509 |
contacts shall be developed between local
departments of job and | 1510 |
family services and family and children
first councils for the | 1511 |
administration of TANF funding for the Help
Me Grow Program. The | 1512 |
Department of Health shall enter into an
interagency agreement | 1513 |
with the Department of Education to
coordinate the planning, | 1514 |
design, and grant selection process for
any new Even Start grants | 1515 |
and to ensure that all new and existing
programs within Help Me | 1516 |
grow are school linked. | 1517 |
The Director of Budget and Management shall transfer by | 1524 |
intrastate transfer voucher,
no
later than the fifteenth day of | 1525 |
July of each fiscal year,
cash from
the General Revenue Fund, | 1526 |
appropriation item 600-410,
TANF State,
to General Services
Fund | 1527 |
5C1 in the Department of
Health, in
an amount of $250,000 in
each | 1528 |
fiscal year for the
purpose of family planning
services for | 1529 |
children or their
families
whose income is at or below 200 per | 1530 |
cent of the official
poverty
guideline. | 1531 |
As used in this section,
"poverty guideline" means the | 1532 |
official
poverty guideline as revised annually by the United | 1533 |
States Secretary of Health
and Human Services in accordance with | 1534 |
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 equal | 1536 |
to the size of the family of the
person whose income is being | 1537 |
determined. | 1538 |
Of the foregoing appropriation item 440-601, Maternal Child | 1540 |
Health Block Grant
(Fund 320), $2,091,299 shall be used in each | 1541 |
fiscal year for the purposes of
abstinence-only education. The | 1542 |
Director of Health shall develop guidelines
for the establishment | 1543 |
of abstinence programs for teenagers with the purpose of | 1544 |
decreasing unplanned pregnancies and abortion. Such guidelines | 1545 |
shall be
pursuant to Title V of the
"Social Security Act," 42 | 1546 |
U.S.C.A. 510, and shall include, but are not limited to, | 1547 |
advertising
campaigns and direct training in schools and other | 1548 |
locations. | 1549 |
Of the foregoing appropriation item 440-611, Title XX | 1555 |
Transfer (Fund 3W5),
$500,000 shall be used
for the purposes of | 1556 |
abstinence-only education. The Director of
Health shall develop | 1557 |
guidelines
for the establishment of
abstinence programs for | 1558 |
teenagers with the purpose
of decreasing
unplanned pregnancies and | 1559 |
abortion. The guidelines shall be
developed pursuant to Title V of | 1560 |
the "Social Security Act," 42
U.S.C. 510,
and shall include, but | 1561 |
are not to be limited to,
advertising campaigns and
direct | 1562 |
training in schools and other
locations. | 1563 |
The Medically Handicapped Children Audit Fund (Fund 477) | 1581 |
shall receive revenue from audits of hospitals and recoveries
from | 1582 |
third-party payors. Moneys may be expended for payment of
audit | 1583 |
settlements and for costs directly related to obtaining
recoveries | 1584 |
from third-party payors and for encouraging Medically
Handicapped | 1585 |
Children's Program recipients to apply for
third-party benefits. | 1586 |
Moneys also may be expended for payments
for diagnostic and | 1587 |
treatment services on behalf of medically
handicapped children, as | 1588 |
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 who | 1590 |
are suffering from cystic fibrosis. Moneys may also be expended | 1591 |
for administrative expenses incurred in operating the Medically | 1592 |
Handicapped Children's Program. | 1593 |
Of the foregoing appropriation item 600-689, TANF Block | 1613 |
Grant, the Department of Job and Family Services may provide | 1614 |
financial
incentives to those
county departments of job and family | 1615 |
services
that have exceeded performance standards
adopted by the | 1616 |
state
department, and where the board of county commissioners
has | 1617 |
entered into a written agreement with the state department under | 1618 |
section
5101.21 of the Revised Code governing the administration | 1619 |
of the county
department. Any financial incentive funds provided | 1620 |
pursuant to this division
shall be used by the county department | 1621 |
for additional or enhanced
services for families eligible for | 1622 |
assistance under Chapter 5107. or benefits and services under | 1623 |
Chapter 5108. of
the Revised Code or, on request by the county and | 1624 |
approval by the Department
of Job
and Family Services, be | 1625 |
transferred to the Child Care and Development
Fund
or the Social | 1626 |
Services Block Grant. The county departments
of job and family | 1627 |
services
may retain and expend
such funds without regard
to the | 1628 |
state or county fiscal year in which the
financial
incentives were | 1629 |
earned or paid. Each county department of job and family
services | 1630 |
shall file an annual report with the Department of
Job and
Family | 1631 |
Services providing detailed information on the
expenditure of | 1632 |
these
financial
incentives and an evaluation of the
effectiveness | 1633 |
of the county department's
use of these funds in
achieving | 1634 |
self-sufficiency for families eligible for
assistance
under | 1635 |
Chapter 5107. or benefits and services under Chapter 5108. of the | 1636 |
Revised Code. | 1637 |
Of the foregoing appropriation item 600-689, TANF Block | 1639 |
Grant, $19,500,000 in each fiscal year shall be allocated by the | 1640 |
Department of Job and Family Services to the counties according to | 1641 |
the allocation formula established in division (D) of section | 1642 |
5101.14 of the Revised Code. Of the funds allocated to each | 1643 |
county, up to half may be used for contract
services for unruly | 1644 |
and misdemeanant diversionary programs. | 1645 |
The remaining funds not allocated for use in juvenile | 1646 |
diversion activities may be used by the county for other contract | 1647 |
child welfare services. In counties with
separate departments of | 1648 |
job and family services and public
children services agencies, the | 1649 |
county department of job and
family services shall serve as a pass | 1650 |
through to the public
children services agencies for these funds. | 1651 |
Separate public
children services agencies receiving such funds | 1652 |
shall comply with
all TANF requirements, including reporting | 1653 |
requirements and
timelines, as specified in state and federal | 1654 |
laws, federal
regulations, state rules, and the Title IV-A state | 1655 |
plan, and are
responsible for payment of any adverse audit | 1656 |
finding, final
disallowance of federal financial participation, or | 1657 |
other sanction
or penalty issued by the federal government or | 1658 |
other entity
concerning these funds. | 1659 |
Of the foregoing appropriation item 600-689, TANF Block | 1666 |
Grant, up to $3 million in each fiscal year shall be allocated by | 1667 |
the Department of Job and Family Services to county departments of | 1668 |
job and family services for the purpose of making allocations to | 1669 |
local public children services agencies to provide services in the | 1670 |
Kinship Navigation program. The allocation to county departments | 1671 |
of job and family services shall be based on the number of Ohio | 1672 |
works first cases in the county, and the number of children | 1673 |
seventeen years of age or younger in the county. The Department of | 1674 |
Job and Family Services shall develop an appropriate method of | 1675 |
reallocating these funds in each fiscal year among the county | 1676 |
deparmentsdepartments of job and family services, if they would | 1677 |
otherwise be
unspent. | 1678 |
From the foregoing appropriation item 600-689, TANF Block | 1680 |
Grant, up to $1,000,000 in each fiscal year shall be used to | 1681 |
support capacity-building efforts among faith-based
and non-profit | 1682 |
organizations,
for the purpose of providing allowable services to | 1683 |
TANF-eligible
individuals. Organizations receiving these funds | 1684 |
shall comply
with all TANF requirements, and shall agree with the | 1685 |
Department of
Job and Family Services on reporting requirements to | 1686 |
be
incorporated into the grant agreement. | 1687 |
the
Director of Budget and
Management shall transfer | 1689 |
$35,000,000 in appropriation authority
from appropriation item | 1690 |
600-689, TANF Block Grant (Fund 3V6), to
Fund 3W6, TANF Education, | 1691 |
in the Department of Education, which is
created in the State | 1692 |
Treasury. The transferred funds shall be
used for the purpose of | 1693 |
providing allowable services to
TANF-eligible individuals. | 1694 |
the
Director of Budget and
Management shall transfer | 1695 |
$76,156,175 from Fund 3V6, TANF Block
Grant, to Fund 3W6, TANF | 1696 |
Education, in the Department of
Education.
the
Director of
Budget | 1697 |
and Management shall transfer $98,843,825 from Fund 3V6,
TANF | 1698 |
Block Grant, to Fund 3W6, TANF Education, in the Department
of | 1699 |
Education. The transferred funds shall be used for the purpose
of | 1700 |
providing allowable services to TANF-eligible individuals. The | 1701 |
Department of Education shall comply with all TANF requirements, | 1702 |
including reporting requirements and timelines, as specified in | 1703 |
state and federal laws, federal regulations, state rules, and the | 1704 |
Title IV-A state plan, and is responsible for payment of any | 1705 |
adverse audit finding, final disallowance of federal financial | 1706 |
participation, or other sanction or penalty issued by the federal | 1707 |
government or other entity concerning these funds. | 1708 |
There is hereby established the Title IV-A Education Program | 1709 |
to be administered by the Department of Education in accordance | 1710 |
with an interagency agreement entered into with the Department of | 1711 |
Job and Family Services under division (A)(2) of section 5101.801 | 1712 |
of the Revised Code. The program shall provide benefits and | 1713 |
services to TANF eligible individuals with incomes at or below 200 | 1714 |
per cent of the federal poverty guidelines under a Title IV-A | 1715 |
program pursuant to the requirements of section 5101.801 of the | 1716 |
Revised Code. Upon approval by the Department of Job and Family | 1717 |
Services, the Department of Education shall adopt policies and | 1718 |
procedures establishing program requirements for eligibility, | 1719 |
services, fiscal accountability, and other criteria necessary to | 1720 |
comply with the provisions of Title IV-A of the "Social Security | 1721 |
Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended. | 1722 |
The Department of Job and Family Services shall reimburse the | 1723 |
General Revenue Fund through intrastate transfer vouchers for | 1724 |
allowable Title IV-A Head Start expenditures reported by the | 1725 |
Department of Education in fiscal year 2002 by amounts up to | 1726 |
$76,156,175 from Fund 3V6, TANF Block Grant, and in fiscal year | 1727 |
2003, up to $98,843,825 from Fund 3V6, TANF Block Grant. The | 1728 |
Department of Job and Family Services shall reimburse the General | 1729 |
Revenue Fund through intrastate transfer vouchers for allowable | 1730 |
Title IV-A student intervention services expenditures in fiscal | 1731 |
year 2003 up to $35,000,000 from Fund 3V6, TANF Block Grant. | 1732 |
There is hereby
established the Title
IV-A Adult Literacy and | 1735 |
Child Reading
Program to be administered by the
county departments | 1736 |
of job and
family services in accordance with division
(B)(1) of | 1737 |
section
5101.801 of the Revised Code. The program shall provide | 1738 |
benefits
and services to TANF-eligible individuals with incomes at | 1739 |
or below
200 per cent of the federal poverty guidelines under a | 1740 |
Title IV-A
program
pursuant to the requirements of section | 1741 |
5101.801 of the
Revised Code. The
county departments of job and | 1742 |
family services
shall ensure program
requirements for eligibility, | 1743 |
services,
fiscal accountability, and other
criteria necessary to | 1744 |
comply with
the provisions of Title IV-A of the
"Social Security | 1745 |
Act," 110
Stat. 2113 (1996), 42 U.S.C. 601, as amended, and
ensure | 1746 |
that
benefits and services are allowable uses of federal Title | 1747 |
IV-A
funds as specified in 42 U.S.C.A. 604(a), except that they | 1748 |
may not
be
"assistance" as defined in 45 C.F.R. 260.31(a). The | 1749 |
benefits
and services
shall be benefits and services that 45 | 1750 |
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
support | 1753 |
local adult literacy
and child reading programs. | 1754 |
In each fiscal year, the Director of Job and Family Services | 1756 |
shall provide $100,500 from appropriation item 600-689, TANF Block | 1757 |
Grant, to the
HamilitonHamilton County Department of Job and | 1758 |
Family
Services to contract with the Talbert House for the purpose | 1759 |
of
providing allowable services to TANF-eligible individuals with | 1760 |
incomes at or below 200 per cent of the federal poverty | 1761 |
guidelines. The contract between the
Hamilton County Department | 1762 |
of Job and Family Services and the
Talbert House shall establish | 1763 |
conditions for the reimbursement of
allowable Title IV-A | 1764 |
expenditures for services that are allowable
uses of federal Title | 1765 |
IV-A
funds as specified in 42 U.S.C.A.
604(a), except that they | 1766 |
may not be
"assistance" as defined in 45
C.F.R. 260.31(a). The | 1767 |
benefits and services
shall be benefits and
services that 45 | 1768 |
C.F.R. 260.31(b) excludes from the
definition of
"assistance."
The | 1769 |
contract shall also require Talbert House to
comply with | 1770 |
requirements of Title IV-A of the "Social Security
Act," 110
Stat. | 1771 |
2113 (1996), 42 U.S.C. 601, as amended, including
eligibility of | 1772 |
individuals, reporting requirements, allowable
benefits and | 1773 |
services, use of
funds, and audit requirements, as
specified in | 1774 |
state and federal laws,
federal regulations, state
rules, federal | 1775 |
Office of Management and Budget
circulars, and the
Title IV-A | 1776 |
state plan. | 1777 |
In each fiscal year, the Director of Job and Family Services | 1779 |
shall provide $1,000,000 from appropriation item 600-689, TANF | 1780 |
Block
Grant, to the Montgomery County Department of Job and Family | 1781 |
Services to be used to support the Out-of-School Youth Project in | 1782 |
Montgomery County for the purpose of providing allowable services | 1783 |
to TANF-eligible individuals. The Montgomery County Department of | 1784 |
Job and Family Services and the Sinclair Community College shall | 1785 |
comply with all TANF requirements, including reporting | 1786 |
requirements and timelines, as specified in state and federal | 1787 |
laws, federal regulations, state rules, and the Title IV-A state | 1788 |
plan. | 1789 |
From the foregoing appropriation item 600-689, TANF Block | 1791 |
Grant, the Director of Job and Family Services shall provide up to | 1792 |
$15,000,000 to be awarded to the county
departments of job and | 1793 |
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 and | 1796 |
family services in coordination with the
Governor's Office of | 1797 |
Appalachia, the Governor's Regional Economic
Office, and local | 1798 |
development districts. These funds shall be
used for the | 1799 |
following activities: workforce development and
supportive | 1800 |
services; economic development; technology expansion,
technical | 1801 |
assistance, and training; youth job training;
organizational | 1802 |
development for workforce development partners; and
improving | 1803 |
existing technology centers, workforce development, job
creation | 1804 |
and retention, purchasing technology, and technology and | 1805 |
technology infrastructure upgrades. | 1806 |
As a condition on the use of these funds, each county | 1807 |
department of job and family services shall submit a plan for the | 1808 |
intended use of these funds to the Department of Job and Family | 1809 |
Services. The plan shall also be reviewed by the Governor's Office | 1810 |
of Appalachia, the Governor's Regional Economic Office, and local | 1811 |
development districts. Also as a condition on the use of these | 1812 |
funds, each county and contract agency shall acknowledge that | 1813 |
these funds are a one-time allocation, not intended to fund | 1814 |
services beyond September 30, 2002. | 1815 |
The Director of Budget and Management shall transfer by | 1830 |
intrastate voucher, no later than the fifteenth day of July of | 1831 |
each fiscal year, cash from the General Revenue Fund, | 1832 |
appropriation item 600-410, TANF State, to General Services Fund | 1833 |
5C1 in the Department of Health, in an amount of $250,000 in each | 1834 |
fiscal year for the purpose of family planning services for | 1835 |
children or their families whose income is at or below 200 per | 1836 |
cent of the official poverty guideline. | 1837 |
Upon the request of the Department of Job and Family | 1853 |
Services, the Director
of Budget and Management may seek | 1854 |
Controlling Board approval to increase
appropriations in | 1855 |
appropriation item 600-689, TANF Block Grant, provided
sufficient | 1856 |
Federal TANF Block Grant funds exist to do so, without any | 1857 |
corresponding decrease in other appropriation items. The | 1858 |
Department of Job
and Family Services shall provide the Office of | 1859 |
Budget and Management and
the Controlling Board with documentation | 1860 |
to support the need for the
increased appropriation. | 1861 |
All transfers of moneys from or charges against TANF Federal | 1862 |
Block
Grant awards for use in the Social Services Block Grant or | 1863 |
the Child Care
and Development Block
Grant from either unobligated | 1864 |
prior year appropriation authority in appropriation item
400-411, | 1865 |
TANF Federal Block Grant, or 600-411, TANF Federal Block Grant, or | 1866 |
from fiscal
year 2002 and fiscal year 2003
appropriation authority | 1867 |
in item 600-689, TANF Block Grant, shall be done ten days after | 1868 |
the Department of Job and Family Services gives written notice to | 1869 |
the Office of Budget and Management.
The Department of Job
and | 1870 |
Family Services
shall first provide the
Office of Budget and | 1871 |
Management with
documentation to
support the
need for such | 1872 |
transfers or charges
for use in the Social Services
Block Grant or | 1873 |
in the Child Care and
Development Block Grant. | 1874 |
The Department of Job and
Family Services shall in each | 1875 |
fiscal year of the biennium transfer
the maximum amount of funds | 1876 |
from the federal TANF Block Grant to
the federal Social Services | 1877 |
Block Grant as permitted under federal
law. Not later than July | 1878 |
15, 2001, the Department of Job and Family Services shall draw | 1879 |
$60,000,000 in receipts from TANF funds that were transferred into | 1880 |
the Social Services Block Grant into State Special
Revenue Fund | 1881 |
5Q8, in the Office of Budget
and Management. Not
later than June | 1882 |
1, 2002, the Director of
Budget and Management
shall determine the | 1883 |
amount of funds in State
Special Revenue Fund
5Q8 that is needed | 1884 |
for the purpose of
balancing the General
Revenue Fund, and may | 1885 |
transfer that amount
to the General Revenue
Fund. Not later than | 1886 |
June 1, 2003, the
Director of Budget and Management shall | 1887 |
determine the amount of
funds in State Special Revenue Fund 5Q8 | 1888 |
that is needed for the
purpose of balancing the General Revenue | 1889 |
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 Fund | 1892 |
3V6, TANF Block
Grant, in the Department of Job and
Family | 1893 |
Services. | 1894 |
Before the thirtieth day of September of each fiscal year, | 1895 |
the Department of Job and Family
Services shall file claims with | 1896 |
the United States Department of
Health and Human Services for | 1897 |
reimbursement for all allowable
expenditures for services provided | 1898 |
by the Department of Job and
Family Services, or other agencies | 1899 |
that may qualify for Social
Services Block Grant funding pursuant | 1900 |
to Title XX of the Social
Security Act. The Department of Job and | 1901 |
Family Services shall deposit, into Fund
5E6, State Option Food | 1902 |
Stamps, $6 million, into Fund 5P4, TANF
Child Welfare, $7.5 | 1903 |
million, into Fund 3W5, Health Care
Services,
$500,000, into Fund | 1904 |
3W8, Hippy Program, $62,500, and
into Fund
3W9, Adoption | 1905 |
Connection, $50,000 and
deposit in fiscal
year 2002,
into Fund | 1906 |
3W2,
Title XX Vocational
Rehabilitation,
$600,000, into
Fund 162 | 1907 |
in the Department of Natural Resources, $7,885,349, and
into Fund | 1908 |
3W3, Adult Special Needs, $4,720,227 in receipts from TANF
Block | 1909 |
Grant funds credited
to the
Social
Services Block Grant. On | 1910 |
verification of the
receipt of
the above
revenue, the funds | 1911 |
provided by these
transfers shall be
used as
follows: | 1912 |
Using the foregoing appropriation items 600-504, Non-TANF | 1943 |
County
Administration; 600-610, Food Stamps and State | 1944 |
Administration;
600-410, TANF State;
600-689, TANF Block
Grant; | 1945 |
600-620, Social Services
Block Grant; 600-552, County
Social | 1946 |
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 may | 1949 |
establish
a single allocation for county departments
of job and | 1950 |
family services
that are subject to a partnership agreement | 1951 |
between a board of
county commissioners and the department under | 1952 |
section 5101.21 of the Revised Code. The
county department
is not | 1953 |
required to use all the money from one or
more of the | 1954 |
appropriation items listed in this paragraph
for the
purpose for | 1955 |
which the
specific appropriation item is made so long as
the | 1956 |
county
department uses the money for a purpose for which at least | 1957 |
one of
the other
of those appropriation items is made. The
county | 1958 |
department may not use the money in the allocation for a
purpose | 1959 |
other than a purpose any of those
appropriation
items
are made.
If | 1960 |
the spending estimates used in
establishing
the
single
allocation | 1961 |
are not realized and the
county department
uses
money
in one or | 1962 |
more of those
appropriation items
in a
manner for which
federal | 1963 |
financial
participation is not
available,
the department
shall use | 1964 |
state
funds available in one
or more of
those
appropriation
items | 1965 |
to ensure that the
county
department receives
the full
amount of | 1966 |
its allocation. The
single
allocation is the
maximum
amount the | 1967 |
county department
shall
receive from those
appropriation items. | 1968 |
Sec. 63.36. (A) Notwithstanding division (Q)(1) of
section | 1993 |
5111.20 of the Revised Code, when calculating indirect
care costs | 1994 |
for the purpose of establishing rates under section
5111.24 or | 1995 |
5111.241 of the Revised Code for fiscal year 2002, "per
diem," as | 1996 |
used in sections 5111.20 to 5111.32 of the Revised Code,
means a | 1997 |
nursing facility's or intermediate care facility for the
mentally | 1998 |
retarded's actual, allowable indirect care costs in the
cost | 1999 |
reporting period divided by the greater of the facility's | 2000 |
inpatient days for that period or the number of inpatient days the | 2001 |
facility would have had during that period if its occupancy rate | 2002 |
had been eighty-two per cent. | 2003 |
(B)
Notwithstanding division (Q)(1) of section 5111.20 of
the | 2004 |
Revised Code, when calculating indirect care costs for the
purpose | 2005 |
of establishing rates under section 5111.24 or 5111.241 of
the | 2006 |
Revised Code for fiscal year 2003, "per diem," as used in
sections | 2007 |
5111.20 to 5111.32 of the Revised Code, means a nursing
facility's | 2008 |
or intermediate care facility for the mentally
retarded's actual, | 2009 |
allowable indirect care costs in the cost
reporting period divided | 2010 |
by the greater of the facility's
inpatient days for that period or | 2011 |
the number of inpatient days the
facility would have had during | 2012 |
that period if its occupancy rate
had been eighty-seven per cent.
| 2013 |
(C) Notwithstanding division (Q)(2) of section 5111.20 of | 2014 |
the Revised Code, when calculating capital costs for the purpose | 2015 |
of establishing rates under section 5111.25 or 5111.251 of the | 2016 |
Revised Code for fiscal year 2002, "per diem," as used in sections | 2017 |
5111.20 to 5111.32 of the Revised Code, means a nursing facility's | 2018 |
or intermediate care facility for the mentally retarded's actual, | 2019 |
allowable capital costs in the cost reporting period divided by | 2020 |
the greater of the facility's inpatient days for that period or | 2021 |
the number of inpatient days the facility would have had during | 2022 |
that period if its occupancy rate had been eighty-eight per cent. | 2023 |
(E)(C) As soon as practicable, the Department of Job and | 2024 |
Family
Services shall follow this section for the purpose of | 2025 |
calculating
nursing facilities' and intermediate care facilities | 2026 |
for the
mentally retarded's Medicaid reimbursement rates for | 2027 |
indirect care
and capital costs for fiscal years 2002 and 2003. If | 2028 |
the
Department is unable to calculate the rates before it makes | 2029 |
payments for services provided during fiscal year 2002 or 2003, | 2030 |
the Department shall pay a nursing facility or intermediate care | 2031 |
facility for the mentally retarded the difference between the | 2032 |
amount it pays the facility and the amount that would have been | 2033 |
paid had the Department made the calculation in time. | 2034 |
(2) "Medicaid day" means all days during which a resident | 2039 |
who is a Medicaid recipient occupies a bed in a nursing facility | 2040 |
that is included in the facility's certified capacity under Title | 2041 |
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 which | 2043 |
payment is made under section 5111.33 of the Revised Code are | 2044 |
considered Medicaid days proportionate to the percentage of the | 2045 |
nursing facility's per resident per day rate paid for those days. | 2046 |
(2) Beginning with payments made to nursing facilities in | 2052 |
August 2001, make payments to each nursing facility for each | 2053 |
Medicaid day in fiscal years
2002 and 2003 in an amount equal to | 2054 |
sixty-nine and seven-tenths per cent of the franchise
permit fee | 2055 |
the nursing facility pays under section 3721.53 of the
Revised | 2056 |
Code for the fiscal year the department makes the payment
divided | 2057 |
by the nursing facility's inpatient days for the calendar
year | 2058 |
preceding the calendar year in which that fiscal year begins; | 2059 |
(D) Notwithstanding division (N) of section 5111.20 of the | 2071 |
Revised Code, the Department of Job and Family Services, in making | 2072 |
Medicaid payments to a nursing facility under sections 5111.20 to | 2073 |
5111.32 of the Revised Code, shall exclude from a nursing | 2074 |
facility's other protected costs the cost of sixty-nine and | 2075 |
seven-tenths per cent of the franchise permit fee that the nursing | 2076 |
facility pays under section 3721.53 of the Revised Code for fiscal | 2077 |
years 2002 and 2003 if the nursing facility receives payments | 2078 |
under division (B)(2) of this section for sixty-nine and | 2079 |
seven-tenths per cent of those franchise permit fees. | 2080 |
Section 6. Taxes imposed pursuant to Chapter 5748. of the | 2086 |
Revised Code that otherwise meet the requirements established | 2087 |
under division (A)(2) of Section 201 of Am. Sub. H.B. 94 of the | 2088 |
124th General Assembly shall be eligible for treatment as | 2089 |
"qualifying delinquent taxes" under Section 201 of that act. For | 2090 |
such purpose, "taxpayer", as used in that section, shall include | 2091 |
any individual or other person subject to the tax imposed under | 2092 |
Chapter 5748. of the Revised Code. Notwithstanding division (D) of | 2093 |
Section 201 of Am. Sub. H.B. 94 of the 124th General Assembly, | 2094 |
qualifying delinquent taxes and interest thereon
collected | 2095 |
pursuant to this section shall be credited and
distributed as | 2096 |
required under divisions (C) and (D) of section
5747.03 of the | 2097 |
Revised Code. | 2098 |
Section 7. This act is hereby declared to be an emergency | 2099 |
measure
necessary for the immediate preservation of the public | 2100 |
peace,
health, and safety. The necessity occurs because errors in | 2101 |
Am.
Sub. H.B. 94 of the 124th General Assembly, the recently | 2102 |
enacted
biennial operating budget measure, need to be cured at the | 2103 |
earliest possible time in order to prevent or remedy legislatively | 2104 |
unintended results. Therefore, this act shall go into
immediate | 2105 |
effect. | 2106 |