As Introduced                            1            

123rd General Assembly                                             4            

   Regular Session                                  S. B. No. 265  5            

      1999-2000                                                    6            


                          SENATOR HORN                             8            


_________________________________________________________________   10           

                          A   B I L L                                           

             To amend section 5709.67 of the Revised Code to       12           

                modify requirements concerning the Department of   13           

                Development's annual enterprise zone report.       14           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        16           

      Section 1.  That section 5709.67 of the Revised Code be      18           

amended to read as follows:                                        19           

      Sec. 5709.67.  (A)  Except as otherwise provided in          28           

sections 5709.61 to 5709.69 of the Revised Code, the director of   29           

development shall administer those sections and shall adopt such   30           

rules as are necessary to ensure that no zone is certified or      31           

remains certified unless it meets any applicable requirements of   32           

division (A) of section 5709.61 of the Revised Code, and to        33           

determine the number of positions attributable to an enterprise    34           

for the purposes of division (A)(3) of section 5709.64 of the      35           

Revised Code.  The director shall assign to each zone currently    36           

certified a unique designation by which the zone shall be          37           

identified for purposes of administering sections 5709.61 to       38           

5709.69 of the Revised Code.  The tax commissioner shall           39           

administer all other tax incentives provided under sections        40           

5709.61 to 5709.69 of the Revised Code and shall adopt such rules  41           

as are necessary to carry out that duty.  No tax incentive         42           

qualification certificate or employee tax credit certificate       43           

shall be issued or remain in effect unless the enterprise          44           

applying for or holding the certificate complies with all such     45           

rules.  The director of job and family services shall administer   47           

the incentive provided under division (B)(1) of section 5709.66    48           

                                                          2      


                                                                 
of the Revised Code and shall adopt such rules as are necessary    49           

to carry out that duty.  No extension of benefits certificate      50           

shall be issued or remain in effect unless the enterprise          51           

applying for or holding the certificate complies with all such     52           

rules.                                                                          

      (B)  Annually NOT LATER THAN THE FIRST DAY OF OCTOBER EACH   54           

YEAR, the director of development shall report to the general      56           

assembly the ON ALL OF THE FOLLOWING FOR THE PRECEDING CALENDAR    57           

YEAR:                                                                           

      (1)  THE cost to the state of the tax and other incentives   60           

provided under sections 5709.61 to 5709.69 of the Revised Code,    61           

the;                                                                            

      (2)  THE number of tax incentive qualification               63           

certificates, employee tax credit certificates, and extension of   64           

benefits certificates issued, the;                                 65           

      (3)  THE names of the municipal corporations and counties    68           

that have entered agreements under sections 5709.62, 5709.63, and  69           

5709.632 of the Revised Code, and the;                             70           

      (4)  THE number of new employees hired as a result of the    72           

tax and other incentives provided under sections 5709.61 to        73           

5709.69 of the Revised Code;                                       74           

      (5)  INFORMATION ON AGREEMENT TERMS CONCERNING SCHOOL        76           

DISTRICT REVENUE THAT ARE NOT PROVIDED FOR IN SECTION 5709.631 OF  77           

THE REVISED CODE AND THAT ARE FORWARDED TO THE DIRECTOR UNDER      80           

DIVISION (H) OF SECTION 5709.62, DIVISION (H) OF SECTION 5709.63,  81           

OR DIVISION (G) OF SECTION 5709.632 OF THE REVISED CODE.  The      83           

      THE report shall include a finding by the director as to     86           

whether the incentives provided under sections 5709.61 to 5709.69  87           

of the Revised Code have resulted in the creation of more          88           

positions in the state than would have been created without the    89           

incentives.  THE DIRECTOR SHALL SEND A COPY OF THE REPORT TO EACH  90           

MEMBER OF THE GENERAL ASSEMBLY AND TO THE DIRECTOR OF THE          91           

LEGISLATIVE SERVICE COMMISSION.                                    92           

      (C)  All forms used in connection with the administration    94           

                                                          3      


                                                                 
of sections 5709.61 to 5709.69 of the Revised Code, except forms   95           

administered directly by the tax commissioner, by the director of  97           

job and family services, or by a county or municipal corporation,  99           

are subject to review and approval by the state forms management   100          

control center under sections 125.91 to 125.98 of the Revised      101          

Code.                                                                           

      Section 2.  That existing section 5709.67 of the Revised     103          

Code is hereby repealed.                                           104