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COMPARISON DOCUMENTBASEHouse Bill 49132nd General AssemblyMain Operating Budget Bill(FY 2018 – FY 2019)As Introducedwww.lsc.ohio.govFebruary 23, 2017

IntroductionThe Comparison Document provides brief descriptions and fiscal estimates of the provisions that make up theexecutive recommended version and subsequent versions of the biennial main operating budget bill of the 132nd GeneralAssembly, House Bill 49. This Comparison Document Base edition contains the executive recommendations for H.B. 49,As Introduced. The document is arranged in alphabetical order by state agency. It also includes three nonagency itemsfor which appropriations are made: Employee Benefits Fund (PAY), Pension Subsidies (PEN), and Revenue DistributionFunds (RDF). A Table of Contents follows this Introduction. Two indices are located at the end of the document. The firstindex gives the page number of each particular item within the sections; the second index lists cross-references by agency.Generally within an agency's section, items that involve Revised Code changes come first, followed by items thatinvolve uncodified (i.e., temporary) law provisions. The sections for the Department of Education and the Department ofTaxation are first arranged by general topic areas. If an item affects more than one agency, it is described under one of theaffected agencies, rather than all of the agencies. However, the other agencies are listed in the cross-referencing index atthe end of the document. This index lists, for each agency, all entries that affect the agency but are not included in thatagency's section as well as the page numbers for these entries. A reader who is interested in all provisions affecting acertain agency should consult the cross-referencing index in addition to the agency's section.Each item is assigned a unique identification number. This number begins with an agency's three-letter CentralAccounting System (CAS) code followed by a comparison document reference ("CD") and a number (TAXCD15, forexample). A reader who wants to track an item across several versions of the Comparison Document may find theidentification number useful.The Comparison Document does not include appropriation amounts for the agencies. Please see the LegislativeService Commission's Budget in Detail spreadsheet for that information. For a complete discussion of the statutorychanges in H.B. 49, see the Legislative Service Commission's Bill Analysis for H.B. 49.

Table of ContentsAgencyPageAgencyPageADJ-Adjutant General1GOV-Office of the Governor148DAS-Department of Administrative Services3DOH-Department of Health150AGE-Department of Aging18BOR-Department of Higher Education160AGR-Department of Agriculture25OHS-Ohio History Connection200AIR-Air Quality Development Authority31REP-House of Representatives201ART-Ohio Arts Council32INS-Department of Insurance202AGO-Attorney General33JFS-Department of Job and Family Services203AUD-Auditor of State36JCR-Joint Committee on Agency Rule Review212BHP-State Behavioral Health and Social Work Board37JEO-Joint Education Oversight Committee213ETC-Broadcast Educational Media Commission39JMO-Joint Medicaid Oversight Committee214OBM-Office of Budget and Management41JCO-Judicial Conference of Ohio215CSR-Capitol Square Review and Advisory Board51JSC-Judiciary/Supreme Court216COM-Department of Commerce52LEC-Lake Erie Commission221CEB-Controlling Board59JLE-Joint Legislative Ethics Committee223COS-Cosmetology and Barber Board61LSC-Legislative Service Commission224CLA-Court of Claims64LIB-State Library Board226DEN-Ohio State Dental Board65LOT-Ohio Lottery Commission228BDP-Board of Deposit66MCD-Department of Medicaid231DEV-Development Services Agency67MED-State Medical Board246DDD-Department of Developmental Disabilities79251EDU-Department of Education89MHA-Department of Mental Health and AddictionServicesDNR-Department of Natural ResourcesPAY-Employee Benefits Funds126NUR-Board of Nursing271EPA-Environmental Protection Agency128OOD-Opportunities for Ohioans with Disabilities Agency272EXP-Expositions Commission141PEN-Pension Subsidies274FCC-Ohio Facilities Construction Commission142Prepared by the Legislative Service CommissionTOC- 1262

AgencyPagePRX-State Board of Pharmacy275PHS-State Physical Health Services Board286PUB-Ohio Public Defender Commission287DPS-Department of Public Safety289PUC-Public Utilities Commission of Ohio292PWC-Public Works Commission296RAC-Ohio State Racing Commission298DRC-Department of Rehabilitation and Correction299RDF-State Revenue Distributions305SAN-State Board of Sanitarian Registration309SOS-Secretary of State310SEN-Senate313CSF-Commissioners of Sinking Fund314TAX-Department of Taxation315DOT-Department of Transportation340TOS-Treasurer of State343DVS-Department of Veterans Services345VHP-State Vision and Hearing Professional Board349DYS-Department of Youth Services351LOC-Local Government Provisions352Prepared by the Legislative Service CommissionAgencyTOC- 2Page

Adjutant GeneralMain Operating Appropriations BillH. B. 49ExecutiveADJCD2Section:Cyber ranges205.20(1) Requires the Adjutant General's Department, in conjunction and collaboration with the Department of AdministrativeServices, the Department of Public Safety, the Department of Higher Education, and the Department of Education, toestablish and maintain a cyber range, and permits the Department federal agencies to assist in accomplishing thisobjective.(2) Requires the cyber range to provide cyber training and education to K-12 students, higher education students, OhioNational Guardsmen, federal employees, and state and local government employees, and to provide for emergencypreparedness exercises and training.(3) Permits the state agencies identified in the above provision (1) to procure any necessary goods and services including,but not limited to, contracted services, hardware, networking services, maintenance costs, and the training andmanagement costs of a cyber range. Requires those state agencies to determine the amount of funds each agency willcontribute from available funds and appropriations enacted in the bill in order to establish and maintain a cyber range.Fiscal effect: Uncertain.ADJCD4Section:National Guard benefits205.20(1) Requires GRF appropriation item 745407, National Guard Benefits, to be used for the purpose of payingreimbursement of active duty members for life insurance premiums (R.C. 5919.31), and death benefits where an activeduty member dies while performing active duty (R.C. 5919.33), and administrative costs of the associated programs.(2) Permits the Adjutant General, if necessary in order to pay benefits pursuant to R.C. 5919.31 and 5919.33 in a timelymanner, to request the Director of Budget and Management transfer appropriation from any appropriation item used by theAdjutant General to GRF appropriation item 745407, National Guard Benefits. Allows the Adjutant General to seekControlling Board approval to restore the appropriation in any appropriation item for which such a transfer was made.(3) Requires, for active duty members of the National Guard who died after October 7, 2001, while performing active duty,the death benefit being paid pursuant to R.C. 5919.33 be paid to the beneficiary or beneficiaries designated on themember's Servicemembers' Group Life Insurance Policy.Adjutant General1Prepared by the Legislative Service Commission

Adjutant GeneralH. B. 49Main Operating Appropriations BillExecutiveADJCD5Section:State active duty costs205.20(1) Earmarks 50,000 in each fiscal year of GRF appropriation item 745409, Central Administration, for the purpose ofpaying expenses related to state active duty of members of the Ohio organized militia, in accordance with a proclamationof the Governor. Specifies that expenses include, but are not limited to, the cost of equipment, supplies, and services, asdetermined by the Adjutant General's Department.(2) Permits the Adjutant General, on June 1 of each fiscal year, to determine if any portion of 50,000 in that fiscal year willnot be used for state active duty expenses, and to encumber that portion for maintenance expenses.(3) Requires the Adjutant General, if before the end of that fiscal year state active duty expenses occur, to cancel thoseencumbrances to pay for expenses related to state active duty.ADJCD3Section:Federally funded capital projects610.30Amends Section 203.10 of S.B. 310 of the 131st General Assembly to permit, if the Adjutant General is approved by thefederal government to complete additional, unanticipated 100% federally funded projects after July 1, 2017, and beforeOctober 1, the appropriations for these additional projects to be released upon written approval of the Director of Budgetand Management.Adjutant General2Prepared by the Legislative Service Commission

Department of Administrative ServicesH. B. 49Main Operating Appropriations BillExecutiveDASCD24R.C.Repeal of the Ohio Building Authority Law123.011, 154.11, Repealed: 152.01, 152.02,152.04, 152.05, 152.06, 152.07, 152.09,152.091, 152.10, 152.11, 152.12, 152.13,152.14, 152.15, 152.16, 152.17, 152.18,152.19, 152.21, 152.22, 152.23, 152.24,152.241, 152.242, 152.26, 152.27, 152.28,152.31, 152.32, and 152.33Repeals the Ohio Building Authority (OBA) Law.Codifies DAS's authority to provide facility management services and charge rentals and other charges for the use of itsfacilities.Retains the provision of the OBA Law that permits, under certain circumstances, firearms in motor vehicles in the RiffeCenter parking garage.Fiscal effect: None, since the provision codifies existing practices. Uncodified law of H.B. 153 of the 129th General Assemblytransferred the building and facility operations and management functions of OBA to DAS and superseded and replacedOBA with the Treasurer of State as the issuing authority for obligations to finance capital facilities housing agencies of stategovernment, however, the OBA Law was retained at that time.DASCD26R.C.Veteran's and reservist's preference in classified civil service124.23, 124.26, and 124.27Expands eligibility for preference in the classified civil service to any person who either: (1) has been honorablydischarged from the armed forces including the (a) Army, Navy, Air Force, Marine Corps, Coast Guard (current law), or anyreserve component of those forces, (b) the national guard of any state (current law), (c) the commissioned corps of theUnited States public health service (current law), (d) the merchant marine service during wartime, or other service as maybe designated by congress, or the Ohio organized militia when engaged in full-time national guard duty for a period ormore than 30 days; or (2) is a member in good standing of a reserve component of the armed forces who has successfullycompleted initial entry-level training.Department of Administrative Services3Prepared by the Legislative Service Commission

Department of Administrative ServicesH. B. 49Main Operating Appropriations BillExecutiveEliminates the different civil service examination preferences for veterans (20%) and reservists (15%) in the U.S. ArmedForces and applies a single preference (20%) to both.Removes residency requirements from veteran's and reservist's preference in the classified civil service.Fiscal effect: Negligible.DASCD27R.C.State procurement emergency125.061, 125.04Allows DAS to suspend state purchasing and contracting requirements in current law for any state agency experiencing a"state procurement emergency." Defines "state procurement emergency" as a situation that creates (1) a threat to publichealth, safety, or welfare, (2) an immediate and serious need for supplies or services that cannot be met through normalprocurement methods required by state law, and (3) a serious threat of harm to the functioning of state government, thepreservation or protection of property, or the health or safety of any person.Requires the director or administrative head of the state agency where the state procurement emergency exists to requestDAS to suspend purchasing and contracting requirements in Chapter 125. of the Revised Code. Specifies that the requestmust include information detailing the immediacy of the state procurement emergency and a description of the necessarysupplies or services that cannot be acquired through normal procurement methods in a timely manner.Requires, when practical, the agency to obtain a release and permit from DAS before making purchases under theprocurement emergency.Requires the Director of Administrative Services to send notice of the suspension as approved to the Director of Budgetand Management and to the members of the Controlling Board. Requires the notice to provide details of the request forsuspension and a copy of the Director's approval.Fiscal effect: Under current law the Director of Administrative Services may suspend normal procurement requirements foremergency purchases of the Emergency Management Agency or other state agencies involved in response and recoveryactivities under an emergency declared by Congress, the President, the Governor, or certain other chief executives.Although these provisions would allow suspension of procurement requirements in situations that do not rise to the level ofa declared emergency, suspension of state procurement requirements for state procurement emergencies would likely berare. Any fiscal effects would depend on the individual circumstances of any state procurement emergencies.Department of Administrative Services4Prepared by the Legislative Service Commission

Department of Administrative ServicesH. B. 49Main Operating Appropriations BillExecutiveDASCD20R.C.Creation of the Professions Licensing System Fund125.18Creates the Professions Licensing System Fund (Fund 5JQ0) for the purpose of operating an electronic licensing systemused by the state's occupational licensing boards.Allows the DAS Office of Information Technology to assess a transaction fee to an individual who uses the state'senterprise electronic licensing system to apply for or renew a license or registration in an amount determined by DAS notto exceed 3.50. Allows DAS to collect the fee or require a state agency for which the system is being operated to collectthe fee. Requires that these fees be deposited into Fund 5JQ0.DASCD25R.C.Tenant improvement services125.28, Section 512.90Removes authorization for DAS to provide minor construction project management services to state agencies and insteadauthorizes DAS to provide tenant improvement services and collect reimbursement costs for providing those services.Requires money collected for those services to be deposited to the credit of the Building Management Fund (Fund 1320).Removes the requirement that money collected for minor construction project management be deposited to the credit ofthe Minor Construction Project Management Fund (Fund 5C30).Requires the Director of Budget and Management to transfer the cash balance in Fund 5C30 to Fund 1320 and thenabolishes Fund 5C30.Fiscal effect: Although charges to state agencies for minor modification and renovation services within state-ownedbuildings will be redirected from Fund 5C30 to Fund 1320, this change has no effect on overall expenditures by stateagencies for these services or charges collected by DAS.DASCD28R.C.Statewide state agency data sharing program125.32Allows DAS to establish an enterprise data management and analytics program to gather, combine, and analyzeunspecified types of data provided under the program by state agencies that participate in the program.Department of Administrative Services5Prepared by the Legislative Service Commission

Department of Administrative ServicesMain Operating Appropriations BillH. B. 49ExecutiveSpecifies the purposes of the program are to measure outcomes of state-funded programs, to develop policies to promoteeffective, efficient, and best use of state resources, and to identify, prevent, or eliminate fraudulent use of state funds,resources, or programs.Notwithstands the entire Revised Code to specify that a state agency providing data under the program is not in violation ofany confidentiality requirements under the Revised Code applicable to the data the state agency provides.Specifies that a state agency providing data under the program retains ownership over the data. Notwithstands the entireRevised Code to provide that only the state agency that provides data must comply with Ohio law regarding requests forrecords or information including, specifically, public records requests, subpoenas, warrants, and investigatory requests.Subjects data provided under the program to any confidentiality laws applicable to the data when in the possession of thestate agency that provided the data. Subjects employees of DAS and other state agencies who have access to data underthe program to any confidentiality laws or duty to maintain confidentiality of the data applicable to the state agencies thatprovided the data.Specifies that results of the data analysis are subject to the most stringent confidentiality obligations applicable to thesource data.Requires DAS to develop a data-sharing protocol and a data security plan that participating state agencies must follow.States that the protocol must specify (1) how participating state agencies may use confidential data in accordance withconfidentiality laws applicable to the provided data; (2) who has authority to access data gathered under the program; and(3) how participating state agencies must make, verify, and retain corrections to personal information gathered under theprogram.Requires any system with personal information derived under the program to comply with Personal Information SystemsLaw.Fiscal effect: If DAS implements a data sharing program, DAS and participating state agencies would likely incur some coststo produce, organize, and analyze the shared data. Any costs would depend on the amount and types of data shared.Department of Administrative Services6Prepared by the Legislative Service Commission

Department of Administrative ServicesMain Operating Appropriations BillH. B. 49ExecutiveDASCD29R.C.Antitrust review125.92Requires the Director of Administrative Services to review and approve or disapprove actions or proposed actions ofregulatory and licensing boards and commissions that have been referred to the Director and that may have antitrustimplications. Includes within the scope of this antitrust review actions or proposed actions that directly or indirectly have theeffect of: (1) fixing prices, limiting price competition, or increasing prices of goods or services; (2) dividing, allocating, orassigning customers or markets; (3) excluding present or future competitors; or (4) limiting the output or supply of goods orservices in Ohio.Exempts the following actions taken by regulatory or licensing boards from DAS review, unless the action is referred to theDirector of DAS by a party granted a stay in a pending antitrust suit: (1) denying a license application if the applicant hasviolated Ohio law or administrative rules; and (2) taking disciplinary action a licensed individual or corporation that hasviolated Ohio law or administrative rules. Specifies that an action is not subject to review if participation in the action isstatutorily limited to only the public members of a board or commission.Permits the following to refer actions for review by the Director of DAS: (1) a board or commission that has taken or isproposing to take an action; (2) a person who is affected or could be affected by an action or proposed action; and (3) aperson who has been granted a stay by a court.Specifies the procedure to be followed when an action is referred to the Director of DAS for review, including thesubmission of a brief statement explaining the action and describing its consistency or inconsistency with state or federalantitrust law, as well as a copy of the action or proposed action in question, if it is in writi

RAC-Ohio State Racing Commission 298 DRC-Department of Rehabilitation and Correction 299 RDF-State Revenue Distributions 305 SAN-State Board of Sanitarian Registration 309 SOS-Secretary of State 310 SEN-Senate 313 CSF-Commissioners of Sinking Fund 314 TAX-Department of Taxation 315 DOT-Department of Transportation 340 TOS-Treasurer of State 343

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