The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
Sub. H. B. No. 299As Reported by the House Finance and Appropriations CommitteeAs Reported by the House Finance and Appropriations Committee
124th General Assembly | Regular Session | 2001-2002 |
| |
REPRESENTATIVES Carey, Evans, Schmidt, Calvert, Hoops, Oakar, Webster, Allen, Fedor, Husted, Peterson, Widowfield, Barrett, Core, Faber
A BILL
To amend sections 175.21 and 4507.52 and to enact
section 339.19 of the Revised Code and to amend
Sections 13.04, 28.02, 44.02, 44.12, and 63.09 of
Am. Sub. H.B. 94 of the 124th
General Assembly to
change
a scheduled deputy registrar fee increase
relative
to
duplicate
or replacement identification
cards
from $3.75 to $2.75, to make other
budget-related corrections, to provide for the
continued operation of any county tuberculosis
hospital that existed on the effective date of Sub.
S.B. 173 of the 123rd General Assembly, to make an
appropriation, and to
declare an emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 175.21 and 4507.52 be amended and
section 339.19 of the Revised Code be
enacted to read as follows:
Sec. 175.21. (A) The low- and moderate-income housing
trust
fund is hereby created in the state treasury. The fund
shall
consist of all appropriations, grants, gifts, loan
repayments,
and
contributions of money made from any source to the
department of
development for the fund. All investment earnings
of the fund
shall be
credited to the fund. The director of
development shall
allocate a portion of the money in the fund to
an account of the
Ohio housing finance agency. The department
shall administer the
fund. The agency shall use money allocated
to it in the fund for
implementing and administering its programs
and duties under
sections 175.22 and 175.24 of the Revised Code,
and the
department
shall use the remaining money in the fund for
implementing and
administering its programs and duties under
sections 175.22 to
175.25 of the Revised Code. Use of all money
in the fund is
subject to the following restrictions: forty-five
per cent of the
amount of funds awarded during any one fiscal
year shall be used
to make grants
and loans to nonprofit
organizations under section
175.22 of the
Revised Code, not less
than
forty-five
fifty per
cent of
the
amount of funds awarded
during any one fiscal year
shall be
used
to make grants and loans
for activities
that will
provide
housing
and housing assistance to
families and
individuals
in
rural areas
and small cities that
would
not be
eligible to
participate
as a participating
jurisdiction under the "HOME
Investment Partnerships Act," 104
Stat. 4094 (1990), 42 U.S.C.
12701 note, 12721, no
more than
six
five per cent of the money in
the
fund shall be used
for
administration, and no money in the
fund
shall be used to pay
for
any legal services other than the
usual
and customary legal
services
associated with the acquisition
of
housing. Except as
otherwise provided
by
the director
under
division (B) of this
section, money in the fund may be used
as
matching money for
federal funds received by the state,
counties,
municipal
corporations, and townships for the
activities listed in
section
175.22 of the Revised Code. (B) If after the second quarter of any year it appears to
the director that the full amount of the money in the low- and
moderate-income housing trust fund designated in that year for
activities that will provide housing and housing assistance to
families and individuals in rural areas and small cities under
division (A) of this section will not be so used, the director
may
reallocate all or a portion of that amount for other housing
activities. In determining whether or how to reallocate money
under this division, the director may consult with and shall
receive advice from the housing trust fund advisory committee.
Sec. 339.19. Notwithstanding the amendment of sections
339.38, 339.39, 339.42, and 339.43 of the Revised Code, the repeal
of sections 339.20, 339.21, 339.22, 339.23, 339.231, 339.24,
339.25, 339.26, 339.27, 339.28, 339.29, 339.30, 339.31, 339.32,
339.33, 339.34, 339.35, 339.36, 339.37, 339.40, 339.41, 339.45,
339.46, and 339.99 of the Revised Code, and any other changes made
by Substitute Senate Bill No. 173 of the 123rd general assembly
relative to the establishment, maintenance, and operation of a
county tuberculosis hospital, a county tuberculosis hospital that
was operating under those sections on the effective date of that
act, October 10, 2000, may continue to exist and operate on and
after that date as though the provisions of those sections were
neither amended nor repealed and had remained in full force and
effect.
Sec. 4507.52. Each identification card issued by the
registrar of motor vehicles or a deputy registrar shall
display a
distinguishing number assigned to the cardholder, and shall
display the following inscription: "STATE OF OHIO IDENTIFICATION CARDThis card is not valid for the purpose of operating a motor
vehicle. It is provided solely for the purpose of establishing
the identity of the bearer described on the card, who currently
is
not licensed to operate a motor vehicle in the state of Ohio." The identification card shall display substantially the
same
information as contained in the application and as described in
division (A)(1) of section 4507.51 of the Revised Code,
including
the cardholder's social security number unless the cardholder
specifically requests that the cardholder's social security number
not be
displayed on the card. If federal law requires the
cardholder's social
security number to be displayed on the
identification card, the social
security number shall be displayed
on the card notwithstanding a request to
not display the number
pursuant to this section. The identification card also
shall
display the color photograph of the cardholder. If
the cardholder
has executed a
durable power of attorney for health care or a
declaration
governing the use or continuation, or the withholding
or
withdrawal, of life-sustaining treatment and has specified that
the cardholder wishes the identification
card to indicate that the
cardholder has
executed either type of instrument, the card also
shall
display
any symbol chosen by the registrar to indicate that
the
cardholder has executed either type of instrument. The card
shall be sealed in transparent plastic or similar material and
shall be so designed as to prevent its reproduction or alteration
without ready detection. The identification card for persons under twenty-one years of
age shall have
characteristics prescribed by the registrar
distinguishing it from that issued
to a person who is twenty-one
years of age or older, except that an
identification card issued
to a person who applies no more than thirty days
before the
applicant's twenty-first birthday shall have the characteristics
of
an identification card issued to a person who is twenty-one
years of age or
older. Every identification card issued to a resident of this state
shall
expire, unless canceled or
surrendered earlier, on the
birthday of the cardholder in the
fourth year after the date on
which it is issued. Every identification
card issued to a
temporary resident shall expire in accordance with rules
adopted
by the registrar and is nonrenewable, but may be replaced with a
new
identification card upon the applicant's compliance with all
applicable
requirements. A cardholder
may renew the cardholder's
identification card within
ninety days prior to the day on which
it expires by filing an
application and paying the prescribed fee
in accordance with section 4507.50
of the Revised Code. If a cardholder applies for a driver's or commercial
driver's
license in this state or another licensing jurisdiction,
the
cardholder shall surrender the
cardholder's identification card to
the registrar or
any deputy registrar before the license is
issued. If a card is lost, destroyed, or mutilated, the person to
whom the card was issued may obtain a duplicate by doing both of
the following: (A) Furnishing suitable proof of the loss, destruction, or
mutilation to the registrar or a deputy registrar; (B) Filing an application and presenting documentary
evidence under section 4507.51 of the Revised Code. Any person who loses a card and, after obtaining a
duplicate,
finds the original, immediately shall surrender
the original to
the registrar or a deputy registrar. A cardholder may obtain a replacement identification card
that reflects any change of the cardholder's name by
furnishing
suitable proof
of the change to the registrar or a deputy
registrar and
surrendering the cardholder's existing card. When a cardholder applies for a duplicate or obtains a
replacement identification card, the cardholder shall
pay a fee of
two dollars
and fifty cents. A deputy registrar shall be allowed
an
additional fee of
three
two dollars
and seventy-five cents
commencing on July 1, 2001,
three dollars and twenty-five cents
commencing on January 1, 2003,
and three dollars and fifty cents
commencing on January 1, 2004,
for
issuing a duplicate or
replacement identification card.
A
disabled veteran who is a
cardholder and has a
service-connected
disability rated at one
hundred per cent by
the veterans'
administration may apply to
the
registrar or a deputy registrar
for the issuance of a
duplicate or
replacement identification card
without payment of
any fee
prescribed in this section, and without
payment of any
lamination
fee if the disabled veteran would not be
required to
pay a
lamination fee in connection with the issuance
of an
identification card or temporary identification card as
provided
in division (B) of section
4507.50 of the Revised
Code. A duplicate or replacement identification card shall expire
on the same date as the card it replaces. The registrar shall cancel any card upon determining that
the
card was obtained unlawfully, issued in error, or was
altered.
The
registrar also shall cancel any card that
is surrendered to
the
registrar or to a deputy registrar after the holder has
obtained a
duplicate, replacement, or driver's or commercial
driver's
license. No agent of the state or its political subdivisions shall
condition the granting of any benefit, service, right, or
privilege upon the possession by any person of an identification
card. Nothing in this section shall preclude any publicly
operated or franchised transit system from using an
identification
card for the purpose of granting benefits or
services of the
system. No person shall be required to apply for, carry, or possess
an identification card. (C) Except in regard to an identification card issued to a
person who applies no more than thirty days before the applicant's
twenty-first birthday, neither the registrar nor any deputy
registrar
shall issue an identification card to a person under
twenty-one years of age
that does not have the characteristics
prescribed by the registrar
distinguishing it from the
identification card issued to persons who are
twenty-one years of
age or older.
Section 2. That existing sections 175.21 and 4507.52 of the
Revised Code
are hereby repealed.
Section 3. That Sections 13.04, 28.02, 44.02, 44.12,
and
63.09 of Am. Sub. H.B. 94 of the 124th General Assembly be
amended
to read as follows: "
Sec. 13.04. MINORITY
AFFAIRS The foregoing appropriation item 100-451, Minority
Affairs,
shall be used to establish minority affairs programs within the
Equal Opportunity Division. The office shall provide an
access
point and official representation to multi-cultural
communities;
research and reports on multi-cultural issues; and
educational,
governmental, and other services that foster
multi-cultural
opportunities and understanding in the state of
Ohio.
On July 1, 2001, or as soon as possible thereafter, the
Director of Administrative Services shall certify to the Director
of Budget and Management the unencumbered and unexpended cash
balance within GRF appropriation item 100-451, Minority Affairs,
for the completion of the predicate study. This amount is hereby
appropriated.
Sec. 28.02. TRANSFER OF
INCREASES IN GRF
FUNDS
APPROPRIATIONS
TO
THE DEPARTMENT OF
DEVELOPMENT The
If the director determines that unspent and unobligated
cash balances in the General Revenue Fund are sufficient to do so,
the Director of Budget and Management, at the request of the
Director of Development, may
transfer
increase by up to $25
million
in
unobligated, unspent GRF appropriations over the
biennium
to
appropriations in existing GRF appropriation items or
new appropriation items created by the Director of Budget and
Management for the
Department of Development to support
GRF-funded
economic
development projects for which appropriations would not
otherwise
be available.
The amounts transferred
Such increases are
hereby appropriated.
COAL RESEARCH AND DEVELOPMENT FUND Notwithstanding sections 1555.08 and 1555.15 of the Revised
Code, on July 1, 2001, or as soon as possible thereafter, the
Director of Budget and Management shall transfer all cash in the
Coal Research and Development Fund (Fund 046), which represents
investment earnings of that fund previously credited to that fund,
to the General Revenue Fund.
the Director of Budget and
Management shall
transfer
$76,156,175 from Fund 3W6, TANF
Education, to the General Revenue
Fund.
the Director of Budget and Management
shall transfer
$98,843,825 from Fund 3W6, TANF Education, to the General
Revenue
Fund. The transferred funds are appropriated for the
appropriation
item 200-406, Head Start. The foregoing appropriation item
200-406, Head Start, includes transferred funds of $76,156,175 in
fiscal year 2002 and $98,843,825 in fiscal year 2003.
Of the foregoing appropriation item 200-406, Head Start,
$100,000 per fiscal year shall be used for the Read Baby Read Book
Club Program. The
Pursuant to the interagency agreement entered into
between the Department of Education and the Department of Job and
Family Services under division (A)(2) of section 5101.801 of the
Revised Code, the remainder of foregoing appropriation item
200-406, Head
Start, shall
be distributed by
the Department of
Education to Head
Start
agencies. A
"Head Start agency"
means an
entity that has
been
approved to be an agency in accordance with
Section
641 (42
U.S.C.
9836) of the Head Start Act and amendments
thereto,
or an
entity
designated for state Head Start funding
under
this section.
Participation in state-funded Head Start
programs is voluntary.
Moneys distributed under this heading shall not be used to
reduce expenditures
from funds received by a Head Start agency
from any other sources. Section
3301.31 of the Revised Code does
not apply to funds distributed under this
heading. In lieu of
section 3301.31 of the Revised Code, distribution of
moneys under
this heading shall be as follows: (A) In fiscal years 2002 and 2003, up to two per cent of the
appropriation may be used by the department for administrative
costs of complying with this section; developing program capacity;
and
assisting programs
with facilities planning, construction,
renovation, or lease agreements in
combination with the Community
Development Finance Fund (CDFF). Up to
$1,530,000 in fiscal year
2002 and up to $1,560,600 in fiscal year 2003 may be used
for the
services of literacy specialist and
training in early literacy for
Head Start classroom teachers and
administrators to support the
OhioReads Initiative. (B) The department shall provide an annual report to the
Governor,
the Speaker of the House of Representatives, the
President of the Senate, the
State Board of Education, Head Start
grantees, and other interested parties.
The report shall include
the following: (1) The number and per cent of eligible children by county
and by grantee; (2) The amount of state funds received for continuation per
grantee; (3) A summary of program performance on the state critical
performance
indicators; (4) A summary of developmental progress of children
participating in the
state-funded Head Start program; (5) Any other data reflecting the performance of Head Start
that the
department considers pertinent. (C) For purposes of this section,
"eligible child" means a
child who is at
least three years of age and not of compulsory
school age whose family earns
no more than 100 per cent of the
federal poverty level, except as otherwise
provided in this
division. The Department of Education, in consultation with Head Start
grantees or their designated representatives, shall establish
criteria under which individual Head Start grantees may apply to
the department for a waiver to include as
"eligible children"
those children from families earning up to 185 per cent of the
federal poverty level when the children otherwise qualify as
"eligible children" under this division.
In order to serve children whose families receive child care
subsidy and whose incomes do not exceed 185 per cent of the
federal poverty guidelines, Head Start grantees may enroll
children whose families receive child care subsidy from the Ohio
Department of Job and Family Services. Head Start grantees
providing full-day, full-year comprehensive services, or otherwise
meeting the child care needs of working families, may partner with
child care centers or family day care homes or may access child
care subsidy directly. This provision is to meet the child care
needs of low-income families who are working, in training or
education programs, or participating in Ohio Works First
appproved
approved
activities. (D) After setting aside amounts to make any payments due
from the prior
fiscal year,
pursuant to the interagency agreement,
in fiscal years 2002 and 2003, funds
shall only be distributed
to
recipients of Head Start funds
during
the preceding fiscal year.
Awards under
this
division shall be
based on a per-pupil formula
prescribed by the Department of
Education and may
be adjusted for
one-time
start-up costs, actual
months of program
operation, or
the number of children enrolled
and
receiving services, as defined
by the Department of Education,
reported during the first full
week of
December, and may be
increased by a reasonable percentage
for
inflation to be
determined by the
Department of Education and
in
accordance with
this section.
The
Pursuant to the interagency
agreement, the department may redistribute
dollars to programs
demonstrating an unmet
need based on updated
assessments of family
needs and community resources. In fiscal
years 2002 and 2003, the
department may authorize recipients to
carry over
funds to the
subsequent fiscal year. The
In accordance with the interagency agreement, the
department may reallocate unobligated or unspent money to
participating
Head Start agencies for: (1) facilities planning
grants and to leverage construction, renovation, or lease
agreements and for repair of critical deferred maintenance and
safety items in combination with the CDFF; (2) teacher
professional development and enhanced compensation in order to
meet the requirements of section 3301.311 of the Revised Code; (3)
meeting the documentation and reporting requirements and for
technical support in accordance with division (F) of this section;
and (4)
expansion, improvement, or special
projects to promote
excellence
and innovation.
(E) Costs for developing and administering a Head Start
program may not
exceed
fifteen per cent of the total approved
costs of the program
the costs established in the interagency
agreement. All recipients of funds shall maintain such fiscal control
and
accounting procedures as may be necessary to ensure the
disbursement of, and accounting for, these funds
in accordance
with section 5101.801 of the Revised Code. The control of
funds
provided in this program, and title to property obtained
therefrom, shall be under the authority of the approved recipient
for purposes provided in the program. The approved recipient
shall
administer and use such property and funds for the purposes
specified. Each recipient shall furnish the department an annual audit
that
includes the review of
state funds received under this
section.
In conjunction with the required audit of federal
Head Start
funds, the independent auditor shall examine state Head Start
funds in accordance with the federal regulations and agreed-upon
state procedures formulated by the department. (F) The department
shall prescribe
target levels for
critical performance indicators for the purpose of assessing
Head
Start programs. On-site reviews and follow-up visits shall be
based on
grantee progress in meeting the prescribed target levels.
The Department of Education, in consultation with the
interested parties, including the state Department of Job and
Family Services, shall develop the criteria to be used by Head
Start grantees and delegate agencies with developing partnership
agreements. The
department
Department of Education or the Department of
Job and Family Services may audit a Head Start agency's financial
and
program records. Head Start agencies that have financial
practices not in accordance with standard accounting principles,
that fail to substantially meet the Head Start performance
standards, or that exhibit below-average performance shall be
subject to an on-site review. The
department
Department of Education shall require
corrective plans of action for
programs not achieving target
levels or financial and program
standards.
Action plans shall
include activities to
be conducted
by the grantee and timelines
for activities to be completed and
timelines for additional data
submission to the department
demonstrating
targets have been met.
The Policy Council
chairperson and the appropriate
grantee board
official shall sign
the corrective plans of action. Head Start programs not meeting performance targets in
accordance
with
the plan of action and prescribed timelines may
have their
funding reduced until targets are
met, or have all
state funds
withdrawn. The department shall require school districts to collect
"preschool" information by program type. All data shall be
reported via the
Education Management Information System (EMIS). (G) The department shall develop prekindergarten reading and
mathematics content standards and model curricula. These
standards and curricula shall be made available to grantees. Head
Start grantees delegate agencies, and child care partners shall
document child
progress, using a common instrument prescribed by
the department,
and report results annually. The department shall
determine the
dates for documenting and reporting. (H) New agencies may be designated for state Head Start
funding if a Head Start agency voluntarily waives its right for
funding or is de-funded based on performance. In either event,
the grantee and delegate shall transfer
control of title to
property, equipment, and remaining supplies
obtained through this
program to the newly designated grantee and
return any unexpended
funds to the department along with any
reports prescribed by the
department. Section 3313.646 of the Revised Code does not apply to funds
distributed under this section. (I) It is the intent of the General Assembly that
appropriations for
appropriation items 200-406, Head Start, and
200-408, Public Preschool, be
available for transfer between Head
Start and public preschool programs so that unallocated funds may
be used
between the two programs.
(J) The Department of Education shall comply with all TANF
requirements,
including reporting requirements and timelines, as
specified in state and
federal laws, federal regulations, state
rules, and the Title IV-A state
plan, and is responsible for
payment of any adverse audit finding, final
disallowance of
federal financial participation, or other sanction or
penalty
issued by the federal government or other entity concerning these
funds.
Having met all of the above requirements, the Department
shall have the authority to administer these funds in accordance
with its own rules and guidelines, including grant administration
procedures.
The interagency agreement between the Department of
Education and the Department of Job and Family Services shall
establish conditions for the reimbursement of allowable Title IV-A
funds as specified in 42 U.S.C.A. 604(a), except that they may not
be "assistance" as defined in 45 C.F.R. 260.31(a). The benefits
and services shall be benefits and services that 45 C.F.R.
260.31(b) excludes from the definition of "assistance." The
interagency agreement also shall require that Head Start agencies
comply with requirements of Title IV-A of the "Social Security
Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, including
eligibility of individuals, reporting requirements, allowable
benefits and services, use of funds, and audit requirements, as
specified in state and federal laws, federal regulations, state
rules, federal office of management and budget circulars, and the
Title IV-A state plan. The Department of Education shall be
responsible for assuring that all Title IV-A funds are used solely
for purposes allowable under federal regulations, section 5101.801
of the Revised Code, and the Title IV-A state plan.
Sec. 44.12. ADULT LITERACY EDUCATION The foregoing appropriation item 200-509, Adult Literacy
Education, shall be used to support adult basic and literacy
education instructional programs and the State Literacy Resource
Center Program. Of the foregoing appropriation item 200-509, Adult
Literacy
Education, up to $543,150 in fiscal
year 2002 and up to $554,013
in fiscal year 2003 shall be used
for the support and operation
of
the State Literacy Resource Center. The remainder shall be used to continue to satisfy the
state
match and maintenance of effort requirements for the support and
operation of the
Department of Education-administered
instructional grant program
for adult basic and literacy education
in accordance with the
department's state plan for adult basic and
literacy education as
approved by the State Board of Education and
the Secretary of the
United States Department of Education. The foregoing appropriation item 200-511, Auxiliary
Services,
shall be used by the State Board of Education for the
purpose of
implementing section 3317.06 of the Revised Code. Of
the
appropriation, up to $1,250,000 in fiscal year 2002 and up to
$1,500,000 in fiscal year 2003 may be used for payment of the
Post-Secondary Enrollment
Options Program for nonpublic students
pursuant to section
3365.10 of the Revised Code. STUDENT INTERVENTION SERVICES The foregoing appropriation item 200-513, Student
Intervention Services,
shall be used to assist districts
providing
the intervention services specified in section 3313.608 of the
Revised Code.
The Department of Education
shall establish
guidelines for the use and distribution of these moneys
in
accordance with the interagency agreement entered into between the
Department of Education and the Department of Job and Family
Services under division (A)(2) of section 5101.801 of the Revised
Code. School
districts receiving funds from this appropriation
shall report to
the Department of Education on how funds were
used. the
Director of Budget and
Management
shall transfer
$35,000,000 from Fund 3W6, TANF
Education, to the General
Revenue
Fund. The transferred funds are
appropriated for the
appropriation
item 200-513, Student
Intervention Services. The foregoing
appropriation item
200-513,
Student Intervention Services,
includes transferred funds of
$35,000,000 in fiscal year 2003.
The Department of Education shall comply with all TANF
requirements,
including reporting requirements and timelines, as
specified in state and
federal laws, federal regulations, state
rules, and the Title IV-A state
plan, and is responsible for
payment of any adverse audit finding, final
disallowance of
federal financial participation, or other sanction or
penalty
issued by the federal government or other entity concerning these
funds.
The interagency agreement between the Department of Education
and the Department of Job and Family Services shall establish
conditions for the reimbursement of allowable Title IV-A funds as
specified in 42 U.S.C.A. 604(a), except that they may not be
"assistance" as defined in 45 C.F.R. 260.31(a). The benefits and
services shall be benefits and services that 45 C.F.R. 260.31(b)
excludes from the definition of "assistance." The interagency
agreement also shall require that school districts receiving funds
from this appropriation comply with requirements of Title IV-A of
the "Social Security Act," 49 Stat 620 (1935), 42 U.S.C. 301, as
amended, including eligibility of individuals, reporting
requirements, allowable benefits and services, use of funds, and
audit requirements, as specified in state and federal laws,
federal regulations, state rules, federal office of management and
budget circulars, and the Title IV-A state plan. The Department
of Education shall be responsible for assuring that all Title IV-A
funds are used solely for purposes allowable under federal
regulations, section 5101.801 of the Revised Code, and the Title
IV-A state plan. POST-SECONDARY/ADULT CAREER-TECHNICAL EDUCATION The foregoing appropriation item 200-514,
Post-Secondary/Adult Career-Technical Education, shall be used by
the
State Board of Education to provide post-secondary/adult
career-technical education under sections 3313.52 and 3313.53 of
the
Revised Code. Of the foregoing appropriation item 200-514,
Post-Secondary/Adult Career-Technical Education, up to $500,000
in
each
fiscal year shall be allocated for the Ohio Career
Information
System (OCIS) and used for the dissemination of
career
information
data to public schools, libraries, rehabilitation
centers, two-
and four-year colleges and universities, and other
governmental
units. Of the foregoing appropriation item 200-514,
Post-Secondary/Adult Career-Technical
Education, up to $40,000 in
each
fiscal year shall be used for the statewide
coordination of
the
activities of the Ohio Young Farmers. DISADVANTAGED PUPIL IMPACT AID The foregoing appropriation item 200-520, Disadvantaged
Pupil
Impact Aid, shall be distributed to school districts according to
section
3317.029 of the Revised Code.
However, no money shall be
distributed for all-day kindergarten to any school district whose
three-year
average formula ADM exceeds 17,500 but whose DPIA index
is not at least equal
to 1.00 in each fiscal year, unless the
Department of Education
certifies that
sufficient funds
exist in
this appropriation to
make all other
payments required by section
3317.029 of the
Revised Code. The Department of Education shall pay all-day, everyday
kindergarten funding
to all school districts in fiscal year 2002
and fiscal year 2003 that
qualified for and provided the service
in a preceding fiscal year pursuant to
section
3317.029 of the
Revised Code, regardless of changes to such districts'
DPIA
indexes in fiscal year 2002 and fiscal year 2003. The Department of Education shall pay to community
schools an
amount for all-day kindergarten if the school district in which
the
student is entitled to attend school is eligible but does not
receive a
payment for all-day kindergarten, pursuant to division
(B) of section
3314.13 of the Revised Code, and the student is
reported by
the community school as enrolled in all-day
kindergarten at the community
school. Of the foregoing appropriation item 200-520, Disadvantaged
Pupil Impact Aid,
up to $3,200,000 in fiscal year 2002 and up to
$3,300,000 in fiscal year 2003
shall be used for school breakfast
programs. Of these amounts, up to
$500,000
shall be used each
year by the Department of Education to provide start-up
grants to
rural school districts and to school districts with less than
1,500
ADM that start school breakfast programs. The
remainder of
the appropriation shall be used to: (1) partially
reimburse
school buildings within school districts that are required to have
a
school breakfast program pursuant to section 3313.813 of the
Revised Code, at
a rate decided by the department, for each
breakfast served to any pupil
enrolled in the district; (2)
partially reimburse districts participating in
the National School
Lunch Program that have at least 20 per cent of students
who are
eligible for free and reduced meals according to federal
standards, at
a rate decided by the department; and (3) to
partially reimburse
districts participating in the National School
Lunch Program for breakfast
served to children eligible for free
and reduced meals enrolled in the
district, at a rate decided by
the department. Of the portion of the funds distributed to the Cleveland City
School
District under section 3317.029 of the Revised Code
calculated under division (F)(2) of that section, up to
$14,903,943 in fiscal year 2002 and up to $18,066,820 in fiscal
year 2003
shall be used to operate the pilot school
choice program
in the Cleveland City School District pursuant to sections
3313.974 to 3313.979 of the Revised Code. Of the foregoing appropriation item 200-520, Disadvantaged
Pupil Impact Aid,
$1,000,000 in each fiscal year shall be used
to
support dropout recovery programs
administered by the Department
of Education, Jobs for Ohio's Graduates
Program. Of the foregoing appropriation item 600-689, TANF Block
Grant, the Department of Job and Family Services may provide
financial
incentives to those
county departments of job and family
services
that have exceeded performance standards
adopted by the
state
department, and where the board of county commissioners
has
entered into a written agreement with the state department under
section
5101.21 of the Revised Code governing the administration
of the county
department. Any financial incentive funds provided
pursuant to this division
shall be used by the county department
for additional or enhanced
services for families eligible for
assistance under Chapter 5107. or benefits and services under
Chapter 5108. of
the Revised Code or, on request by the county and
approval by the Department
of Job
and Family Services, be
transferred to the Child Care and Development
Fund
or the Social
Services Block Grant. The county departments
of job and family
services
may retain and expend
such funds without regard
to the
state or county fiscal year in which the
financial
incentives were
earned or paid. Each county department of job and family
services
shall file an annual report with the Department of
Job and
Family
Services providing detailed information on the
expenditure of
these
financial
incentives and an evaluation of the
effectiveness
of the county department's
use of these funds in
achieving
self-sufficiency for families eligible for
assistance
under
Chapter 5107. or benefits and services under Chapter 5108. of the
Revised Code.
TANF YOUTH DIVERSION PROGRAMS Of the foregoing appropriation item 600-689, TANF Block
Grant, $19,500,000 in each fiscal year shall be allocated by the
Department of Job and Family Services to the counties according to
the allocation formula established in division (D) of section
5101.14 of the Revised Code. Of the funds allocated to each
county, up to half may be used for contract
services for unruly
and misdemeanant diversionary programs. The remaining funds not allocated for use in juvenile
diversion activities may be used by the county for other contract
child welfare services. In counties with
separate departments of
job and family services and public
children services agencies, the
county department of job and
family services shall serve as a pass
through to the public
children services agencies for these funds.
Separate public
children services agencies receiving such funds
shall comply with
all TANF requirements, including reporting
requirements and
timelines, as specified in state and federal
laws, federal
regulations, state rules, and the Title IV-A state
plan, and are
responsible for payment of any adverse audit
finding, final
disallowance of federal financial participation, or
other sanction
or penalty issued by the federal government or
other entity
concerning these funds. Of the foregoing $19,500,000 set aside, any funds remaining
unspent on June 30, 2002, shall be carried forward and added to
the earmark for fiscal year 2003, and allocated to the counties
according to the allocation formula established in division (D) of
section 5101.14 of the Revised Code.
Of the foregoing appropriation item 600-689, TANF Block
Grant, up to $3 million in each fiscal year shall be allocated by
the Department of Job and Family Services to county departments of
job and family services for the purpose of making allocations to
local public children services agencies to provide services in the
Kinship Navigation program. The allocation to county departments
of job and family services shall be based on the number of Ohio
works first cases in the county, and the number of children
seventeen years of age or younger in the county. The Department of
Job and Family Services shall develop an appropriate method of
reallocating these funds in each fiscal year among the county
deparments
departments of job and family services, if they would
otherwise be
unspent.
TANF FAITH-BASED CAPACITY-BUILDING PROGRAMS From the foregoing appropriation item 600-689, TANF Block
Grant, up to $1,000,000 in each fiscal year shall be used to
support capacity-building efforts among faith-based organizations,
for the purpose of providing allowable services to TANF-eligible
individuals. Organizations receiving these funds shall comply
with all TANF requirements, and shall agree with the Department of
Job and Family Services on reporting requirements to be
incorporated into the grant agreement.
the
Director of Budget and
Management shall transfer
$35,000,000 in appropriation authority
from appropriation item
600-689, TANF Block Grant (Fund 3V6), to
Fund 3W6, TANF Education,
in the Department of Education, which is
created in the State
Treasury. The transferred funds shall be
used for the purpose of
providing allowable services to
TANF-eligible individuals.
the
Director of Budget and
Management shall transfer
$76,156,175 from Fund 3V6, TANF Block
Grant, to Fund 3W6, TANF
Education, in the Department of
Education.
the
Director of
Budget
and Management shall transfer $98,843,825 from Fund 3V6,
TANF
Block Grant, to Fund 3W6, TANF Education, in the Department
of
Education. The transferred funds shall be used for the purpose
of
providing allowable services to TANF-eligible individuals. The
Department of Education shall comply with all TANF requirements,
including reporting requirements and timelines, as specified in
state and federal laws, federal regulations, state rules, and the
Title IV-A state plan, and is responsible for payment of any
adverse audit finding, final disallowance of federal financial
participation, or other sanction or penalty issued by the federal
government or other entity concerning these funds.
There is hereby established the Title IV-A Education Program
to be administered by the Department of Education in accordance
with an interagency agreement entered into with the Department of
Job and Family Services under division (A)(2) of section 5101.801
of the Revised Code. The program shall provide benefits and
services to TANF eligible individuals with incomes at or below 200
per cent of the federal poverty guidelines under a Title IV-A
program pursuant to the requirements of section 5101.801 of the
Revised Code. Upon approval by the Department of Job and Family
Services, the Department of Education shall adopt policies and
procedures establishing program requirements for eligibility,
services, fiscal accountability, and other criteria necessary to
comply with the provisions of Title IV-A of the "Social Security
Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended. The Department of Job and Family Services shall reimburse the
General Revenue Fund through intrastate transfer vouchers for
allowable Title IV-A Head Start expenditures reported by the
Department of Education in fiscal year 2002 by amounts up to
$76,156,175 from Fund 3V6, TANF Block Grant, and in fiscal year
2003, up to $98,843,825 from Fund 3V6, TANF Block Grant. The
Department of Job and Family Services shall reimburse the General
Revenue Fund through intrastate transfer vouchers for allowable
Title IV-A student intervention services expenditures in fiscal
year 2003 up to $35,000,000 from Fund 3V6, TANF Block Grant. COUNTY DEPARTMENTS OF JOB AND FAMILY SERVICES TITLE IV-A
ADULT LITERACY AND CHILD READING PROGRAMS There is hereby
established the Title
IV-A Adult Literacy and
Child Reading
Program to be administered by the
county departments
of job and
family services in accordance with division
(B)(1) of
section
5101.801 of the Revised Code. The program shall provide
benefits
and services to TANF-eligible individuals with incomes at
or below
200 per cent of the federal poverty guidelines under a
Title IV-A
program
pursuant to the requirements of section
5101.801 of the
Revised Code. The
county departments of job and
family services
shall ensure program
requirements for eligibility,
services,
fiscal accountability, and other
criteria necessary to
comply with
the provisions of Title IV-A of the
"Social Security
Act," 110
Stat. 2113 (1996), 42 U.S.C. 601, as amended, and
ensure
that
benefits and services are allowable uses of federal Title
IV-A
funds as specified in 42 U.S.C.A. 604(a), except that they
may not
be
"assistance" as defined in 45 C.F.R. 260.31(a). The
benefits
and services
shall be benefits and services that 45
C.F.R.
260.31(b) excludes from the
definition of "assistance."
From the foregoing appropriation item 600-689, TANF Block
Grant,
up to
$5,000,000 in each fiscal year shall be used to
support
local adult literacy
and child reading programs.
In each fiscal year, the Director of Job and Family Services
shall provide $100,500 from appropriation item 600-689, TANF Block
Grant, to the
Hamiliton
Hamilton County Department of Job and
Family
Services to contract with the Talbert House for the purpose
of
providing allowable services to TANF-eligible individuals with
incomes at or below 200 per cent of the federal poverty
guidelines. The contract between the
Hamilton County Department
of Job and Family Services and the
Talbert House shall establish
conditions for the reimbursement of
allowable Title IV-A
expenditures for services that are allowable
uses of federal Title
IV-A
funds as specified in 42 U.S.C.A.
604(a), except that they
may not be
"assistance" as defined in 45
C.F.R. 260.31(a). The
benefits and services
shall be benefits and
services that 45
C.F.R. 260.31(b) excludes from the
definition of
"assistance."
The
contract shall also require Talbert House to
comply with
requirements of Title IV-A of the "Social Security
Act," 110
Stat.
2113 (1996), 42 U.S.C. 601, as amended, including
eligibility of
individuals, reporting requirements, allowable
benefits and
services, use of
funds, and audit requirements, as
specified in
state and federal laws,
federal regulations, state
rules, federal
Office of Management and Budget
circulars, and the
Title IV-A
state plan.
MONTGOMERY COUNTY OUT-OF-SCHOOL YOUTH PROJECT In each fiscal year, the Director of Job and Family Services
shall provide $1,000,000 from appropriation item 600-689, TANF
Block
Grant, to the Montgomery County Department of Job and Family
Services to be used to support the Out-of-School Youth Project in
Montgomery County for the purpose of providing allowable services
to TANF-eligible individuals. The Montgomery County Department of
Job and Family Services and the Sinclair Community College shall
comply with all TANF requirements, including reporting
requirements and timelines, as specified in state and federal
laws, federal regulations, state rules, and the Title IV-A state
plan.
APPALACHIAN WORKFORCE DEVELOPMENT AND JOB TRAINING
From the foregoing appropriation item 600-689, TANF Block
Grant, the Director of Job and Family Services shall provide up to
$15,000,000 to be awarded to the county
departments of job and
family services in the twenty-nine
Appalachian counties,
contingent upon passage of H.B. 6 of the
124th General Assembly.
These funds shall be used by the county
departments of job and
family services in coordination with the
Governor's Office of
Appalachia, the Governor's Regional Economic
Office, and local
development districts. These funds shall be
used for the
following activities: workforce development and
supportive
services; economic development; technology expansion,
technical
assistance, and training; youth job training;
organizational
development for workforce development partners; and
improving
existing technology centers, workforce development, job
creation
and retention, purchasing technology, and technology and
technology infrastructure upgrades.
As a condition on the use of these funds, each county
department of job and family services shall submit a plan for the
intended use of these funds to the Department of Job and Family
Services. The plan shall also be reviewed by the Governor's Office
of Appalachia, the Governor's Regional Economic Office, and local
development districts. Also as a condition on the use of these
funds, each county and contract agency shall acknowledge that
these funds are a one-time allocation, not intended to fund
services beyond September 30, 2002.
In fiscal year 2002, the TANF allocation to each of the
Appalachian counties shall not be less than the TANF allocation
amount for fiscal year 2001, as allocated according to the
methodology set forth in paragraph (I) of rule 5101-6-03 of the
Administrative Code.
The use of these funds shall comply with all TANF
requirements, including reporting requirements and timelines, as
specified in state and federal laws, federal regulations, state
rules, and the Title IV-A state plan.
CENTER FOR FAMILY AND CHILDREN
Of the foregoing appropriation item 600-689, TANF Block
Brant
Grant, $150,000 in fiscal year 2002 shall be provided to the
Center for Family and Children.
The Director of Budget and Management shall transfer by
intrastate voucher, no later than the fifteenth day of July of
each fiscal year, cash from the General Revenue Fund,
appropriation item 600-410, TANF State, to General Services Fund
5C1 in the Department of Health, in an amount of $250,000 in each
fiscal year for the purpose of family planning services for
children or their families whose income is at or below 200 per
cent of the official poverty guideline. TANF FEDERAL BLOCK GRANT FUNDS AND TRANSFERS
From the foregoing appropriation items 600-410, TANF State;
600-658, Child
Support Collections; or 600-689, TANF Block Grant,
or a combination of these
appropriation items, no less than
$369,040,735 in each fiscal year shall be
allocated to county
departments of job and family services as follows:
|
County Allocations |
|
$276,586,957 |
|
|
WIA Supplement |
|
$35,109,178 |
|
|
Early Start - Statewide |
|
$38,034,600 |
|
|
Transportation |
|
$5,000,000 |
|
|
County Training |
|
$3,050,000 |
|
|
Adult Literacy and Child |
|
|
|
|
Reading Programs |
|
$5,000,000 |
|
|
Disaster Relief |
|
$5,000,000 |
|
|
School Readiness Centers |
|
$1,260,000 |
|
Upon the request of the Department of Job and Family
Services, the Director
of Budget and Management may seek
Controlling Board approval to increase
appropriations in
appropriation item 600-689, TANF Block Grant, provided
sufficient
Federal TANF Block Grant funds exist to do so, without any
corresponding decrease in other appropriation items. The
Department of Job
and Family Services shall provide the Office of
Budget and Management and
the Controlling Board with documentation
to support the need for the
increased appropriation. All transfers of moneys from or charges against TANF Federal
Block
Grant awards for use in the Social Services Block Grant or
the Child Care
and Development Block
Grant from either unobligated
prior year appropriation authority in appropriation item
400-411,
TANF Federal Block Grant, or 600-411, TANF Federal Block Grant, or
from fiscal
year 2002 and fiscal year 2003
appropriation authority
in item 600-689, TANF Block Grant, shall be done ten days after
the Department of Job and Family Services gives written notice to
the Office of Budget and Management.
The Department of Job
and
Family Services
shall first provide the
Office of Budget and
Management with
documentation to
support the
need for such
transfers or charges
for use in the Social Services
Block Grant or
in the Child Care and
Development Block Grant.
The Department of Job and
Family Services shall in each
fiscal year of the biennium transfer
the maximum amount of funds
from the federal TANF Block Grant to
the federal Social Services
Block Grant as permitted under federal
law. Not later than July
15, 2001, the Department of Job and Family Services shall draw
$60,000,000 in receipts from TANF funds that were transferred into
the Social Services Block Grant into State Special
Revenue Fund
5Q8, in the Office of Budget
and Management. Not
later than June
1, 2002, the Director of
Budget and Management
shall determine the
amount of funds in State
Special Revenue Fund
5Q8 that is needed
for the purpose of
balancing the General
Revenue Fund, and may
transfer that amount
to the General Revenue
Fund. Not later than
June 1, 2003, the
Director of Budget and Management shall
determine the amount of
funds in State Special Revenue Fund 5Q8
that is needed for the
purpose of balancing the General Revenue
Fund, and may transfer
that amount to the General Revenue Fund.
Any moneys remaining in
State Special Revenue Fund
5Q8 on June 15,
2003, shall be
transferred not later than June 20,
2003, to Fund
3V6, TANF Block
Grant, in the Department of Job and
Family
Services. Before the thirtieth day of September of each fiscal year,
the Department of Job and Family
Services shall file claims with
the United States Department of
Health and Human Services for
reimbursement for all allowable
expenditures for services provided
by the Department of Job and
Family Services, or other agencies
that may qualify for Social
Services Block Grant funding pursuant
to Title XX of the Social
Security Act. The Department of Job and
Family Services shall deposit, into Fund
5E6, State Option Food
Stamps, $6 million, into Fund 5P4, TANF
Child Welfare, $7.5
million, into Fund 3W5, Health Care
Services,
$500,000, into Fund
3W8, Hippy Program, $62,500, and
into Fund
3W9, Adoption
Connection, $50,000 and
deposit in fiscal
year 2002,
into Fund
3W2,
Title XX Vocational
Rehabilitation,
$600,000, into
Fund 162
in the Department of Natural Resources, $7,885,349, and
into Fund
3W3, Adult Special Needs, $4,720,227 in receipts from TANF
Block
Grant funds credited
to the
Social
Services Block Grant. On
verification of the
receipt of
the above
revenue, the funds
provided by these
transfers shall be
used as
follows:
|
Fund 5E6 |
|
|
|
Second Harvest Food Bank |
$4,500,000 |
|
|
Child Nutrition Services |
$900,000 |
|
|
Ohio Alliance of Boys and Girls Clubs |
$600,000 |
|
|
Fund 5P4 |
|
|
|
Support and Expansion for PCSA Activities |
$5,500,000 |
|
|
Pilot Projects for Violent and Aggressive Youth |
$2,000,000 |
|
|
Fund 3W2 |
|
|
|
Title XX Vocational Rehabilitation in fiscal year 2002 |
$600,000 |
|
|
Fund 3W3 |
|
|
|
Adult Protective Services in fiscal year 2002 |
$120,227 |
|
|
Non-TANF Adult Assistance in fiscal year 2002 |
$1,000,000 |
|
|
Community-Based Correctional Facilities in fiscal year 2002 |
$3,600,000 |
|
|
Fund 162 |
|
|
|
CCC Operations in fiscal year 2002 |
$7,885,349 |
|
|
Fund 3W5 |
|
|
|
Abstinence-only Education |
$500,000 |
|
|
Fund 3W8 |
|
|
|
Hippy Program |
$62,500 |
|
|
Fund 3W9 |
|
|
|
Adoption Connection |
$50,000 |
|
The foregoing appropriation item 600-690, Wellness, shall be
used by county departments of job and family services for teen
pregnancy prevention programming. Local contracts shall be
developed between county departments of job and family services
and local family and children first councils for the
administration of TANF funding for this program."
Section 4. That existing Sections 13.04, 28.02, 44.02,
44.12, and 63.09
of
Am. Sub. H.B. 94 of the 124th General Assembly
are hereby
repealed.
Section 5. Section 175.21 of the Revised
Code, as amended by
this act, shall take effect September 5, 2001.
Section 6. This act is hereby declared to be an emergency
measure
necessary for the immediate preservation of the public
peace,
health, and safety. The necessity occurs because errors in
Am.
Sub. H.B. 94 of the 124th General Assembly, the recently
enacted
biennial operating budget measure, need to be cured at the
earliest possible time in order to prevent or remedy legislatively
unintended results. Therefore, this act shall go into
immediate
effect.
|