130th Ohio General Assembly
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Sub. H. B. No. 34  As Reported by the Senate Commerce and Labor Committee
As Reported by the Senate Commerce and Labor Committee

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


Representative Hackett 

Cosponsors: Representatives Amstutz, Anielski, Buchy, Grossman, Henne, Huffman, McGregor, Sears, Sprague, Wachtmann, Young, Speaker Batchelder 

Senator Bacon 



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

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. All items in this section are hereby appropriated out of any moneys in the state treasury to the credit of the designated fund. For all appropriations made in this act, those in the first column are for fiscal year 2014, and those in the second column are for fiscal year 2015.
FND AI AI TITLE Appropriations

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

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

WILLIAM GREEN LEASE PAYMENTS
Of the foregoing appropriation item 855401, William Green Lease Payments, up to $16,026,100 shall be used to make lease payments to the Treasurer of State at the times they are required to be made during the period from July 1, 2013 to June 30, 2015, pursuant to leases and agreements made under section 154.24 of the Revised Code. If it is determined that additional appropriations are necessary for such purpose, such amounts are hereby appropriated.
WORKERS' COMPENSATION FRAUD UNIT
Of the foregoing appropriation item 855410, Attorney General Payments, $828,200 in each fiscal year shall be used to fund the expenses of the Workers' Compensation Fraud Unit within the Attorney General's Office. These payments shall be processed at the beginning of each quarter of each fiscal year and deposited into the Workers' Compensation Section Fund (Fund 1950) used by the Attorney General.
SAFETY AND HYGIENE
Notwithstanding section 4121.37 of the Revised Code, the Treasurer of State shall transfer $19,161,132 cash in fiscal year 2014 and $19,161,132 cash in fiscal year 2015 from the State Insurance Fund to the Safety and Hygiene Fund (Fund 8260).
OSHA ON-SITE CONSULTATION PROGRAM
The Bureau of Workers' Compensation may designate a portion of appropriation item 855609, Safety and Hygiene Operating, to be used to match federal funding for the federal Occupational Safety and Health Administration's (OSHA) on-site consultation program.
VOCATIONAL REHABILITATION
The Bureau of Workers' Compensation and the Rehabilitation Services Commission shall enter into an interagency agreement for the provision of vocational rehabilitation services and staff to mutually eligible clients. The bureau may provide not more than $605,407 in fiscal year 2014 and not more than $605,407 in fiscal year 2015 from the State Insurance Fund to fund vocational rehabilitation services and staff in accordance with the interagency agreement.
FUND BALANCE
Any unencumbered cash balance in excess of $45,000,000 in the Workers' Compensation Fund (Fund 7023) on the thirtieth day of June of each fiscal year shall be used to reduce the administrative cost rate charged to employers to cover appropriations for Bureau of Workers' Compensation operations.
Section 2. DEPUTY INSPECTOR GENERAL FOR BWC AND OIC FUNDING
To pay for the FY 2014 costs related to the Deputy Inspector General for the Bureau of Workers' Compensation and Industrial Commission, on July 1, 2013, and on January 1, 2014, or as soon as possible after each date, the Director of Budget and Management shall transfer $212,500 in cash from the Workers' Compensation Fund (Fund 7023) to the Deputy Inspector General for the Bureau of Workers' Compensation and Industrial Commission Fund (Fund 5FT0).
To pay for the FY 2015 costs related to the Deputy Inspector General for the Bureau of Workers' Compensation and Industrial Commission, on July 1, 2014, and on January 1, 2015, or as soon as possible after each date, the Director of Budget and Management shall transfer $212,500 in cash from the Workers' Compensation Fund (Fund 7023) to the Deputy Inspector General for the Bureau of Workers' Compensation and Industrial Commission Fund (Fund 5FT0).
If additional amounts are needed, the Inspector General may seek Controlling Board approval for additional transfers of cash and to increase the amount appropriated in appropriation item 965604, Deputy Inspector General for the Bureau of Workers' Compensation and Industrial Commission.
Section 3. That Section 201 of Sub. H.B. 123 of the 129th General Assembly, as amended by Am. Sub. H.B. 487 of the 129th General Assembly, be amended to read as follows:
Sec. 201.  All items in Sections 201 and 203 of this act are hereby appropriated out of any moneys in the state treasury to the credit of the designated fund. For all appropriations made in this act, those in the first column are for fiscal year 2012, and those in the second column are for fiscal year 2013.
FND AI AI TITLE Appropriations

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

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

WILLIAM GREEN LEASE PAYMENTS
The foregoing appropriation item 855401, William Green Lease Payments to OBA, shall be used for lease payments to the Ohio Building Authority, and these appropriations shall be used to meet all payments at the times they are required to be made during the period from July 1, 2011, to June 30, 2013, by the Bureau of Workers' Compensation to the Ohio Building Authority pursuant to leases and agreements made under Chapter 152. of the Revised Code and Section 6 of Am. Sub. H.B. 743 of the 118th General Assembly. Of the amounts received in Fund 7023, appropriation item 855401, William Green Lease Payments to OBA, up to $35,824,735 shall be restricted for lease rental payments to the Ohio Building Authority. If it is determined that additional appropriations are necessary for such purpose, such amounts are hereby appropriated.
Notwithstanding any provision of law to the contrary, all tenants of the William Green Building not funded by the Workers' Compensation Fund (Fund 7023) shall pay their fair share of the costs of lease payments to the Workers' Compensation Fund (Fund 7023) by intrastate transfer voucher.
WORKERS' COMPENSATION FRAUD UNIT
The Workers' Compensation Section Fund (Fund 1950) administered by the Attorney General shall receive payments from the Bureau of Workers' Compensation at the beginning of each quarter of each fiscal year to fund expenses of the Workers' Compensation Fraud Unit within the Attorney General's Office. Of the foregoing appropriation item 855410, Attorney General Payments, $828,200 in fiscal year 2012 and $828,200 in fiscal year 2013 shall be used to provide these payments.
SAFETY AND HYGIENE
Notwithstanding section 4121.37 of the Revised Code, the Treasurer of State shall transfer $20,382,567 cash in fiscal year 2012 and $20,161,132 cash in fiscal year 2013 from the State Insurance Fund to the Safety and Hygiene Fund (Fund 8260).
OSHA ON-SITE CONSULTATION PROGRAM
The Bureau of Workers' Compensation may designate a portion of appropriation item 855609, Safety and Hygiene Operating, to be used to match federal funding for the federal Occupational Safety and Health Administration's (OSHA) on-site consultation program.
VOCATIONAL REHABILITATION
The Bureau of Workers' Compensation and the Rehabilitation Services Commission shall enter into an interagency agreement for the provision of vocational rehabilitation services and staff to mutually eligible clients. The bureau shall may provide not more than $605,407 in fiscal year 2012 and not more than $605,407 in fiscal year 2013 from the State Insurance Fund to fund vocational rehabilitation services and staff in accordance with the interagency agreement.
FUND BALANCE
Any unencumbered cash balance in excess of $45,000,000 in the Workers' Compensation Fund (Fund 7023) on the thirtieth day of June of each fiscal year shall be used to reduce the administrative cost rate charged to employers to cover appropriations for Bureau of Workers' Compensation operations.
Section 4. That existing Section 201 of Sub. H.B. 123 of the 129th General Assembly, as amended by Am. Sub. H.B. 487 of the 129th General Assembly, is hereby repealed.
Section 5. Law contained in the Main Operating Appropriations Act of the 130th General Assembly that applies generally to the appropriations made in that act also applies generally to the appropriations made in this act.
Section 6. The provisions of law contained in this act, and their applications, are severable. If any provision of law contained in this act, or if any application of any provision of law contained in this act, is held invalid, the invalidity does not affect other provisions of law contained in this act and their applications that can be given effect without the invalid provision or application.
Section 7. The sections of law contained in this act, and the items of law of which the sections of law contained in this act are composed, are not subject to the referendum under Ohio Constitution, Article II, Section 1d and section 1.471 of the Revised Code and therefore go into immediate effect when this act becomes law.
Section 8. An item that composes the whole or part of a section of law contained in this act has no effect after June 30, 2015, unless the context clearly indicates otherwise.
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