As Reported by the House Finance and Appropriations Committee

130th General Assembly
Regular Session
2013-2014
Sub. H. B. No. 34


Representative Hackett 

Cosponsor: Representative Amstutz 



A BILL
To amend Section 201 of Sub. H.B. 123 of the 129th 1
General Assembly, as subsequently amended, and to 2
make appropriations for the Bureau of Workers' 3
Compensation for the biennium beginning July 1, 4
2013, and ending June 30, 2015, and to provide 5
authorization and conditions for the operation of 6
the Bureau's programs.7


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

       Section 1. All items in this section are hereby appropriated 8
out of any moneys in the state treasury to the credit of the 9
designated fund. For all appropriations made in this act, those in 10
the first column are for fiscal year 2014, and those in the second 11
column are for fiscal year 2015.12

FND AI AI TITLE Appropriations 13

BWC BUREAU OF WORKERS' COMPENSATION
14

Workers' Compensation Fund Group15

7023 855401 William Green Lease Payments to OBA $ 16,026,100 $ 0 16
7023 855407 Claims, Risk and Medical Management $ 118,338,586 $ 118,338,586 17
7023 855408 Fraud Prevention $ 12,114,226 $ 12,114,226 18
7023 855409 Administrative Services $ 105,857,276 $ 105,357,276 19
7023 855410 Attorney General Payments $ 4,621,850 $ 4,621,850 20
8220 855606 Coal Workers' Fund $ 147,666 $ 147,666 21
8230 855608 Marine Industry $ 75,527 $ 75,527 22
8250 855605 Disabled Workers Relief Fund $ 319,718 $ 319,718 23
8260 855609 Safety and Hygiene Operating $ 19,161,132 $ 19,161,132 24
8260 855610 Gear Program $ 5,000,000 $ 5,000,000 25
8290 855604 Long Term Care Loan Program $ 100,000 $ 100,000 26
TOTAL WCF Workers' Compensation 27
Fund Group $ 281,762,081 $ 265,235,981 28

Federal Special Revenue Fund Group29

3490 855601 OSHA Enforcement $ 1,731,000 $ 1,731,000 30
3FW0 855614 BLS SOII Grant $ 116,919 $ 116,919 31
TOTAL FED Federal Special Revenue Fund Group $ 1,847,919 $ 1,847,919 32
TOTAL ALL BUDGET FUND GROUPS $ 283,610,000 $ 267,083,900 33

       WILLIAM GREEN LEASE PAYMENTS34

       Of the foregoing appropriation item 855401, William Green 35
Lease Payments, up to $16,026,100 shall be used to make lease 36
payments to the Treasurer of State at the times they are required 37
to be made during the period from July 1, 2013 to June 30, 2015, 38
pursuant to leases and agreements made under section 154.24 of the 39
Revised Code. If it is determined that additional appropriations 40
are necessary for such purpose, such amounts are hereby 41
appropriated.42

       WORKERS' COMPENSATION FRAUD UNIT43

       Of the foregoing appropriation item 855410, Attorney General 44
Payments, $828,200 in each fiscal year shall be used to fund the 45
expenses of the Workers' Compensation Fraud Unit within the 46
Attorney General's Office. These payments shall be processed at 47
the beginning of each quarter of each fiscal year and deposited 48
into the Workers' Compensation Section Fund (Fund 1950) used by 49
the Attorney General.50

       SAFETY AND HYGIENE51

       Notwithstanding section 4121.37 of the Revised Code, the 52
Treasurer of State shall transfer $19,161,132 cash in fiscal year 53
2014 and $19,161,132 cash in fiscal year 2015 from the State 54
Insurance Fund to the Safety and Hygiene Fund (Fund 8260).55

       OSHA ON-SITE CONSULTATION PROGRAM56

        The Bureau of Workers' Compensation may designate a portion 57
of appropriation item 855609, Safety and Hygiene Operating, to be 58
used to match federal funding for the federal Occupational Safety 59
and Health Administration's (OSHA) on-site consultation program.60

       VOCATIONAL REHABILITATION61

       The Bureau of Workers' Compensation and the Rehabilitation 62
Services Commission shall enter into an interagency agreement for 63
the provision of vocational rehabilitation services and staff to 64
mutually eligible clients. The bureau may provide not more than 65
$605,407 in fiscal year 2014 and not more than $605,407 in fiscal 66
year 2015 from the State Insurance Fund to fund vocational 67
rehabilitation services and staff in accordance with the 68
interagency agreement.69

       FUND BALANCE70

       Any unencumbered cash balance in excess of $45,000,000 in the 71
Workers' Compensation Fund (Fund 7023) on the thirtieth day of 72
June of each fiscal year shall be used to reduce the 73
administrative cost rate charged to employers to cover 74
appropriations for Bureau of Workers' Compensation operations.75

       Section 2. DEPUTY INSPECTOR GENERAL FOR BWC AND OIC FUNDING76

       To pay for the FY 2014 costs related to the Deputy Inspector 77
General for the Bureau of Workers' Compensation and Industrial 78
Commission, on July 1, 2013, and on January 1, 2014, or as soon as 79
possible after each date, the Director of Budget and Management 80
shall transfer $212,500 in cash from the Workers' Compensation 81
Fund (Fund 7023) to the Deputy Inspector General for the Bureau of 82
Workers' Compensation and Industrial Commission Fund (Fund 5FT0).83

       To pay for the FY 2015 costs related to the Deputy Inspector 84
General for the Bureau of Workers' Compensation and Industrial 85
Commission, on July 1, 2014, and on January 1, 2015, or as soon as 86
possible after each date, the Director of Budget and Management 87
shall transfer $212,500 in cash from the Workers' Compensation 88
Fund (Fund 7023) to the Deputy Inspector General for the Bureau of 89
Workers' Compensation and Industrial Commission Fund (Fund 5FT0).90

       If additional amounts are needed, the Inspector General may 91
seek Controlling Board approval for additional transfers of cash 92
and to increase the amount appropriated in appropriation item 93
965604, Deputy Inspector General for the Bureau of Workers' 94
Compensation and Industrial Commission.95

       Section 3. That Section 201 of Sub. H.B. 123 of the 129th 96
General Assembly, as amended by Am. Sub. H.B. 487 of the 129th 97
General Assembly, be amended to read as follows:98

       Sec. 201.  All items in Sections 201 and 203 of this act are 99
hereby appropriated out of any moneys in the state treasury to the 100
credit of the designated fund. For all appropriations made in this 101
act, those in the first column are for fiscal year 2012, and those 102
in the second column are for fiscal year 2013.103

FND AI AI TITLE Appropriations 104

BWC BUREAU OF WORKERS' COMPENSATION
105

Workers' Compensation Fund Group106

7023 855401 William Green Lease Payments to OBA $ 18,291,365 $ 17,533,370 107
7023 855407 Claims, Risk and Medical Management $ 125,427,732 $ 122,492,959 108
7023 855408 Fraud Prevention $ 11,331,154 $ 11,164,226 109
7023 855409 Administrative Services $ 101,724,950 $ 103,346,037 110
7023 855410 Attorney General Payments $ 4,621,850 $ 4,621,850 111
8220 855606 Coal Workers' Fund $ 150,586 $ 147,666 112
8230 855608 Marine Industry $ 76,532 $ 75,527 113
8250 855605 Disabled Workers Relief Fund $ 322,266 $ 319,718 114
8260 855609 Safety and Hygiene Operating $ 20,382,567 $ 20,161,132 115
8260 855610 Gear Program $ 4,000,000 $ 4,000,000 116
8290 855604 Long Term Care Loan Program $ 1,000,000 $ 100,000 117
TOTAL WCF Workers' Compensation 118
Fund Group $ 287,329,002 $ 283,962,485 119

Federal Special Revenue Fund Group120

3490 855601 OSHA Enforcement $ 1,670,998 $ 1,647,515 121
TOTAL FED Federal Special Revenue Fund Group $ 1,670,998 $ 1,647,515 122
TOTAL ALL BUDGET FUND GROUPS $ 289,000,000 $ 285,610,000 123

       WILLIAM GREEN LEASE PAYMENTS124

       The foregoing appropriation item 855401, William Green Lease 125
Payments to OBA, shall be used for lease payments to the Ohio 126
Building Authority, and these appropriations shall be used to meet 127
all payments at the times they are required to be made during the 128
period from July 1, 2011, to June 30, 2013, by the Bureau of 129
Workers' Compensation to the Ohio Building Authority pursuant to 130
leases and agreements made under Chapter 152. of the Revised Code 131
and Section 6 of Am. Sub. H.B. 743 of the 118th General Assembly. 132
Of the amounts received in Fund 7023, appropriation item 855401, 133
William Green Lease Payments to OBA, up to $35,824,735 shall be 134
restricted for lease rental payments to the Ohio Building 135
Authority. If it is determined that additional appropriations are 136
necessary for such purpose, such amounts are hereby appropriated.137

       Notwithstanding any provision of law to the contrary, all 138
tenants of the William Green Building not funded by the Workers' 139
Compensation Fund (Fund 7023) shall pay their fair share of the 140
costs of lease payments to the Workers' Compensation Fund (Fund 141
7023) by intrastate transfer voucher.142

       WORKERS' COMPENSATION FRAUD UNIT143

       The Workers' Compensation Section Fund (Fund 1950) 144
administered by the Attorney General shall receive payments from 145
the Bureau of Workers' Compensation at the beginning of each 146
quarter of each fiscal year to fund expenses of the Workers' 147
Compensation Fraud Unit within the Attorney General's Office. Of 148
the foregoing appropriation item 855410, Attorney General 149
Payments, $828,200 in fiscal year 2012 and $828,200 in fiscal year 150
2013 shall be used to provide these payments.151

       SAFETY AND HYGIENE152

       Notwithstanding section 4121.37 of the Revised Code, the 153
Treasurer of State shall transfer $20,382,567 cash in fiscal year 154
2012 and $20,161,132 cash in fiscal year 2013 from the State 155
Insurance Fund to the Safety and Hygiene Fund (Fund 8260).156

       OSHA ON-SITE CONSULTATION PROGRAM157

        The Bureau of Workers' Compensation may designate a portion 158
of appropriation item 855609, Safety and Hygiene Operating, to be 159
used to match federal funding for the federal Occupational Safety 160
and Health Administration's (OSHA) on-site consultation program.161

       VOCATIONAL REHABILITATION162

       The Bureau of Workers' Compensation and the Rehabilitation 163
Services Commission shall enter into an interagency agreement for 164
the provision of vocational rehabilitation services and staff to 165
mutually eligible clients. The bureau shallmay provide not more 166
than $605,407 in fiscal year 2012 and not more than $605,407 in 167
fiscal year 2013 from the State Insurance Fund to fund vocational 168
rehabilitation services and staff in accordance with the 169
interagency agreement.170

       FUND BALANCE171

       Any unencumbered cash balance in excess of $45,000,000 in the 172
Workers' Compensation Fund (Fund 7023) on the thirtieth day of 173
June of each fiscal year shall be used to reduce the 174
administrative cost rate charged to employers to cover 175
appropriations for Bureau of Workers' Compensation operations.176

       Section 4. That existing Section 201 of Sub. H.B. 123 of the 177
129th General Assembly, as amended by Am. Sub. H.B. 487 of the 178
129th General Assembly, is hereby repealed.179

       Section 5. Law contained in the Main Operating Appropriations 180
Act of the 130th General Assembly that applies generally to the 181
appropriations made in that act also applies generally to the 182
appropriations made in this act. 183

       Section 6. The provisions of law contained in this act, and 184
their applications, are severable. If any provision of law 185
contained in this act, or if any application of any provision of 186
law contained in this act, is held invalid, the invalidity does 187
not affect other provisions of law contained in this act and their 188
applications that can be given effect without the invalid 189
provision or application. 190

       Section 7. The sections of law contained in this act, and the 191
items of law of which the sections of law contained in this act 192
are composed, are not subject to the referendum under Ohio 193
Constitution, Article II, Section 1d and section 1.471 of the 194
Revised Code and therefore go into immediate effect when this act 195
becomes law.196

       Section 8. An item that composes the whole or part of a 197
section of law contained in this act has no effect after June 30, 198
2015, unless the context clearly indicates otherwise.199