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H. B. No. 245 As Passed by the SenateAs Passed by the Senate
|128th General Assembly|
Representatives Brown, Chandler, DeBose, Domenick, Letson, Luckie, Pryor, Williams, B., Winburn, Yates
Senators Carey, Harris
To make operating appropriations for the period
beginning July 8, 2009, and ending July 14, 2009.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. Within the limits set forth in this act, the
Director of Budget and Management shall establish accounts
indicating the source and amount of funds for each appropriation
made in this act, and shall determine the form and manner in which
appropriation accounts shall be maintained.
Section 2. Except as provided in divisions (C) and (D) of
this section, there is hereby appropriated for the period July
2009, through July 14, 2009, to each agency, board,
department, office, authority, or other organization
for which an
appropriation was made by the 127th General
Assembly, out of
in the state treasury to the credit of the
funds of the
state from which appropriations were made
year, for each specific item for which an
appropriation was made
by the 127th General Assembly,
and executive budget
an amount equal to the following:
(A) For General Revenue Fund appropriation items, seventy per
cent of one fifty-second of each item's adjusted spending levels
for the 2009 fiscal year as adjusted by all budget directives
issued by the Office of Budget and Management pursuant to
Executive Order 2008-01S.
(B) For federal special revenue, state special revenue, or
proprietary appropriation items, one hundred per cent of one
fifty-second of each item's adjusted spending levels for the 2009
fiscal year as adjusted by all budget directives issued by the
Office of Budget and Management pursuant to Executive Order
(C) It is expressly provided as follows:
(1) There is hereby appropriated from the money in the state
treasury an amount equal to one hundred per cent of spending
levels equal to the second foundation payment made in June of 2009
for appropriation item 200550, Foundation Funding. Foundation
funding shall be based on the formula used to calculate the
second foundation payment made in June of 2009.
(2) There is hereby appropriated from the money in the state
treasury an amount equal to one-twelfth of spending levels for the
2009 fiscal year for appropriation item 235501, State Share of
Instruction. State share of instruction subsidy payments shall be
based on the formula in existence on June 30, 2009.
(3) There is hereby appropriated to those agencies mentioned
in Section 3 of this act those moneys received from the federal
government pursuant to the American Reinvestment and Recovery Act.
(4) There is hereby appropriated those amounts necessary for
expenses incurred in appropriation item 600525 for Medicaid. Rates
reimbursed for providers for the period from July 8, 2009, through
July 14, 2009, shall be the same as rates on June 29, 2009.
(5) No money is appropriated for programs or agencies that
were terminated by action of law, other than the expiration of an
appropriation item, prior to June 30, 2009.
(6) No money shall be spent by any state agency for any
program that is new or to the extent it has been expanded other
than by operation of law.
(7) No money is appropriated for any purpose for which
appropriations are made elsewhere in this act.
(8) No money is appropriated for capital purposes other than
by reappropriation of unexpended balances of existing
(9) No money is appropriated for purposes that have full
fiscal year 2010 appropriations by another act of the General
(D) There is hereby appropriated for the period July 8, 2009,
through July 14, 2009, to the legislative and judicial branches
their respective agencies seventy per cent of one-fifty
adjusted spending levels for the 2009
as adjusted by
all budget directives issued by the
Management pursuant to the Executive Order
(E) Where additional amounts are necessary to pay the wages,
benefits, and other payroll-related expenses of state employees
who are paid directly by warrant of the Director of Budget and
Management, including elected state officials, those additional
amounts are hereby appropriated.
The Director of Budget and Management shall make any
determinations necessary to decide which provision applies from
All appropriations contained in this act shall be
cumulative with any subsequent appropriation act of the 128th
General Assembly, and the Director of Budget and Management shall
account for expenditures from appropriations contained in this act
Section 3. FEDERAL STABILIZATION APPROPRIATIONS
There is hereby appropriated in anticipation of receiving
federal stabilization funds from the American Recovery and
Reinvestment Act, Title XIV for the following items:
(A) Board of Regents appropriation item 235644, State Share
of Instruction - Federal Stimulus – Education, $5,959,116;
(B) Department of Education appropriation item 200551
Foundation Funding - Federal Stimulus, $7,453,537; and
(C) Department of Rehabilitation and Corrections
appropriation item 501620 Institutional Operations-Federal
Section 4. Any general financial provision of H.B. 16 of the
128th General Assembly that applies to appropriations and
expenditures under that act applies also to appropriations and
expenditures under this act.
Section 5. The sections of law contained in this act are
exempt from the referendum because they are or relate to an
appropriation for current expenses within the meaning of Ohio
Constitution, Article II, Section 1d and section 1.471 of the
Revised Code, and therefore take effect immediately when this act