H. B. No. 489 As Introduced

As Introduced

129th General Assembly

Regular Session

2011-2012

H. B. No. 489

Representatives Dovilla, Hagan, C.

Cosponsors: Representatives Sears, Maag, Hackett, Grossman, Stebelton, Baker, Gardner

A BILL

To amend sections 9.981, 102.03, 121.02, 121.03,

121.22, 122.01, 122.011, 122.07, 122.071, 122.17,

122.171, 122.174, 122.175, 122.39, 122.41, 122.42,

122.43, 122.44, 122.48, 122.49, 122.50, 122.51,

122.52, 122.53, 122.561, 122.57, 122.60, 122.601,

122.602, 122.603, 122.61, 122.62, 122.64, 122.76,

122.80, 122.86, 149.43, 164.05, 164.06, 164.08,

166.01, 166.04, 166.05, 166.13, 166.14, 166.18,

166.19, 166.25, 166.30, 174.01, 184.01, 184.02,

187.01, 187.03, 187.04, 187.05, 929.03, 1551.01,

3735.672, 3746.35, 5117.22, 5709.68, 6103.052, and

6117.062, to amend, for the purpose of adopting

new section numbers as indicated in parentheses,

sections 122.07 (122.073) and 122.071 (122.072),

to enact new sections 122.07 and 122.071 and

sections 122.97, 184.011, 3735.01, and 5701.15,

and to repeal sections 1525.11, 1525.12, 1525.13,

and 6111.034 of the Revised Code; to repeal

section 122.40 of the Revised Code on July 1,

2012; to amend Sections 261.10.40, 261.10.70,

261.20.40, 261.20.50, 261.20.60, 261.20.80,

261.20.90, 261.30.10, 261.30.20, 261.30.30,

261.30.40, 261.30.60, 261.30.70, 261.30.80,

261.30.90, and 261.40.10 of Am. Sub. H.B. 153 of

the 129th General Assembly; to amend Sections

261.10 and 261.20.93 of Am. Sub. H.B. 153 of the

129th General Assembly, as subsequently amended by

Sub. H.B. 371 of the 129th General Assembly; and

to repeal Sections 261.10.10, 261.10.20,

261.10.30, 261.10.50, 261.10.60, 261.10.80,

261.10.90, 261.20.10, 261.20.20, 261.20.70, and

261.30.50 of Am. Sub. H.B. 153 of the 129th

General Assembly to rename the Department of

Development the "Development Services Agency"; to

establish the Office of TourismOhio within the

Development Services Agency, create the

TourismOhio Advisory Board, and establish a pilot

program to test a new funding mechanism for the

state's travel and tourism marketing; to modify

the operation of JobsOhio; to makes changes to the

Capital Access Loan Program Fund and to allow

transfers to the Capital Access Loan Program Fund

from the Minority Business Enterprise Loan Fund;

to increase the membership of the Ohio Tax Credit

Authority and provide for projects that were

started prior to receiving a tax credit; to modify

reporting requirements under the Voluntary Action

Program; to require the Director of Development

Services to administer federal funds received for

Brownfields revitalization purposes; to terminate

the Water and Sewer Commission; to terminate the

Development Financing Advisory Council as of July

1, 2012; to increase the membership of the Third

Frontier Commission; and to make an appropriation.

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

Section 1. That sections 9.981, 102.03, 121.02, 121.03,	55
121.22, 122.01, 122.011, 122.07, 122.071, 122.17, 122.171,	56
122.174, 122.175, 122.39, 122.41, 122.42, 122.43, 122.44, 122.48,	57
122.49, 122.50, 122.51, 122.52, 122.53, 122.561, 122.57, 122.60,	58
122.601, 122.602, 122.603, 122.61, 122.62, 122.64, 122.76, 122.80,	59
122.86, 149.43, 164.05, 164.06, 164.08, 166.01, 166.04, 166.05,	60
166.13, 166.14, 166.18, 166.19, 166.25, 166.30, 174.01, 184.01,	61
184.02, 187.01, 187.03, 187.04, 187.05, 929.03, 1551.01, 3735.672,	62
3746.35, 5117.22, 5709.68, 6103.052, and 6117.062 be amended,	63
sections 122.07 (122.073) and 122.071 (122.072) be amended for the	64
purpose of adopting new section numbers as indicated in	65
parentheses, and new sections 122.07 and 122.071 and sections	66
122.97, 184.011, 3735.01, and 5701.15 of the Revised Code be	67
enacted to read as follows:	68

Sec. 9.981. (A) Sections 9.98 to 9.983 of the Revised Code	69
are applicable to bonds:	70

(1) The payment of the debt service on which is to be	71
provided for directly or indirectly by payments contracted to be	72
made in the bond proceedings by the absolute obligors, being	73
persons other than the issuer; and	74

(2) Which are authorized to be issued under sections 122.39	75
and 122.41 to 122.62, Chapter 165., 902., 3377., 3706., division	76
(A)(4) of section 4582.06, division (A)(8) of section 4582.31,	77
section 4582.48, or Chapter 6121. or 6123. of the Revised Code,	78
notwithstanding other provisions therein.	79

(B) Sections 9.98 to 9.983 of the Revised Code are applicable	80
to bonds issued under sections 306.37 and 6119.12 of the Revised	81
Code and Chapters 140., 152., 154., 175., and 349. of the Revised	82
Code, and to any bonds authorized under laws which expressly make	83
those sections applicable.	84

(C) Subject to division (A) of this section, the authority	85
provided in sections 9.98 to 9.983 of the Revised Code is	86
supplemental to and not in derogation of any similar authority	87
provided by, derived from, or implied by, any law, the Ohio	88
Constitution, or any charter, resolution, or ordinance, and no	89
inference shall be drawn to negate the authority thereunder by	90
reason of the express provisions of sections 9.98 to 9.983 of the	91
Revised Code.	92

(D) Sections 9.98 to 9.983 of the Revised Code shall be	93
liberally construed to permit flexibility in the arrangements	94
therein provided to enhance the issuance of such bonds and provide	95
for terms most beneficial and satisfactory to the persons which	96
undertake to provide for their payment, security, and liquidity.	97

Sec. 102.03. (A)(1) No present or former public official or	98
employee shall, during public employment or service or for twelve	99
months thereafter, represent a client or act in a representative	100
capacity for any person on any matter in which the public official	101
or employee personally participated as a public official or	102
employee through decision, approval, disapproval, recommendation,	103
the rendering of advice, investigation, or other substantial	104
exercise of administrative discretion.	105

(2) For twenty-four months after the conclusion of service,	106
no former commissioner or attorney examiner of the public	107
utilities commission shall represent a public utility, as defined	108
in section 4905.02 of the Revised Code, or act in a representative	109
capacity on behalf of such a utility before any state board,	110
commission, or agency.	111

(3) For twenty-four months after the conclusion of employment	112
or service, no former public official or employee who personally	113
participated as a public official or employee through decision,	114
approval, disapproval, recommendation, the rendering of advice,	115
the development or adoption of solid waste management plans,	116
investigation, inspection, or other substantial exercise of	117
administrative discretion under Chapter 343. or 3734. of the	118
Revised Code shall represent a person who is the owner or operator	119
of a facility, as defined in section 3734.01 of the Revised Code,	120
or who is an applicant for a permit or license for a facility	121
under that chapter, on any matter in which the public official or	122
employee personally participated as a public official or employee.	123

(4) For a period of one year after the conclusion of	124
employment or service as a member or employee of the general	125
assembly, no former member or employee of the general assembly	126
shall represent, or act in a representative capacity for, any	127
person on any matter before the general assembly, any committee of	128
the general assembly, or the controlling board. Division (A)(4) of	129
this section does not apply to or affect a person who separates	130
from service with the general assembly on or before December 31,	131
1995. As used in division (A)(4) of this section "person" does not	132
include any state agency or political subdivision of the state.	133

(5) As used in divisions (A)(1), (2), and (3) of this	134
section, "matter" includes any case, proceeding, application,	135
determination, issue, or question, but does not include the	136
proposal, consideration, or enactment of statutes, rules,	137
ordinances, resolutions, or charter or constitutional amendments.	138
As used in division (A)(4) of this section, "matter" includes the	139
proposal, consideration, or enactment of statutes, resolutions, or	140
constitutional amendments. As used in division (A) of this	141
section, "represent" includes any formal or informal appearance	142
before, or any written or oral communication with, any public	143
agency on behalf of any person.	144

(6) Nothing contained in division (A) of this section shall	145
prohibit, during such period, a former public official or employee	146
from being retained or employed to represent, assist, or act in a	147
representative capacity for the public agency by which the public	148
official or employee was employed or on which the public official	149
or employee served.	150

(7) Division (A) of this section shall not be construed to	151
prohibit the performance of ministerial functions, including, but	152
not limited to, the filing or amendment of tax returns,	153
applications for permits and licenses, incorporation papers, and	154
other similar documents.	155

(8) Division (A) of this section does not prohibit a	156
nonelected public official or employee of a state agency, as	157
defined in section 1.60 of the Revised Code, from becoming a	158
public official or employee of another state agency. Division (A)	159
of this section does not prohibit such an official or employee	160
from representing or acting in a representative capacity for the	161
official's or employee's new state agency on any matter in which	162
the public official or employee personally participated as a	163
public official or employee at the official's or employee's former	164
state agency. However, no public official or employee of a state	165
agency shall, during public employment or for twelve months	166
thereafter, represent or act in a representative capacity for the	167
official's or employee's new state agency on any audit or	168
investigation pertaining to the official's or employee's new state	169
agency in which the public official or employee personally	170
participated at the official's or employee's former state agency	171
through decision, approval, disapproval, recommendation, the	172
rendering of advice, investigation, or other substantial exercise	173
of administrative discretion.	174

(9) Division (A) of this section does not prohibit a	175
nonelected public official or employee of a political subdivision	176
from becoming a public official or employee of a different	177
department, division, agency, office, or unit of the same	178
political subdivision. Division (A) of this section does not	179
prohibit such an official or employee from representing or acting	180
in a representative capacity for the official's or employee's new	181
department, division, agency, office, or unit on any matter in	182
which the public official or employee personally participated as a	183
public official or employee at the official's or employee's former	184
department, division, agency, office, or unit of the same	185
political subdivision. As used in this division, "political	186
subdivision" means a county, township, municipal corporation, or	187
any other body corporate and politic that is responsible for	188
government activities in a geographic area smaller than that of	189
the state.	190

(10) No present or former Ohio casino control commission	191
official shall, during public service or for two years thereafter,	192
represent a client, be employed or compensated by a person	193
regulated by the commission, or act in a representative capacity	194
for any person on any matter before or concerning the commission.	195

No present or former commission employee shall, during public	196
employment or for two years thereafter, represent a client or act	197
in a representative capacity on any matter in which the employee	198
personally participated as a commission employee through decision,	199
approval, disapproval, recommendation, the rendering of advice,	200
investigation, or other substantial exercise of administrative	201
discretion.	202

(B) No present or former public official or employee shall	203
disclose or use, without appropriate authorization, any	204
information acquired by the public official or employee in the	205
course of the public official's or employee's official duties that	206
is confidential because of statutory provisions, or that has been	207
clearly designated to the public official or employee as	208
confidential when that confidential designation is warranted	209
because of the status of the proceedings or the circumstances	210
under which the information was received and preserving its	211
confidentiality is necessary to the proper conduct of government	212
business.	213

(C) No public official or employee shall participate within	214
the scope of duties as a public official or employee, except	215
through ministerial functions as defined in division (A) of this	216
section, in any license or rate-making proceeding that directly	217
affects the license or rates of any person, partnership, trust,	218
business trust, corporation, or association in which the public	219
official or employee or immediate family owns or controls more	220
than five per cent. No public official or employee shall	221
participate within the scope of duties as a public official or	222
employee, except through ministerial functions as defined in	223
division (A) of this section, in any license or rate-making	224
proceeding that directly affects the license or rates of any	225
person to whom the public official or employee or immediate	226
family, or a partnership, trust, business trust, corporation, or	227
association of which the public official or employee or the public	228
official's or employee's immediate family owns or controls more	229
than five per cent, has sold goods or services totaling more than	230
one thousand dollars during the preceding year, unless the public	231
official or employee has filed a written statement acknowledging	232
that sale with the clerk or secretary of the public agency and the	233
statement is entered in any public record of the agency's	234
proceedings. This division shall not be construed to require the	235
disclosure of clients of attorneys or persons licensed under	236
section 4732.12 or 4732.15 of the Revised Code, or patients of	237
persons certified under section 4731.14 of the Revised Code.	238

(D) No public official or employee shall use or authorize the	239
use of the authority or influence of office or employment to	240
secure anything of value or the promise or offer of anything of	241
value that is of such a character as to manifest a substantial and	242
improper influence upon the public official or employee with	243
respect to that person's duties.	244

(E) No public official or employee shall solicit or accept	245
anything of value that is of such a character as to manifest a	246
substantial and improper influence upon the public official or	247
employee with respect to that person's duties.	248

(F) No person shall promise or give to a public official or	249
employee anything of value that is of such a character as to	250
manifest a substantial and improper influence upon the public	251
official or employee with respect to that person's duties.	252

(G) In the absence of bribery or another offense under the	253
Revised Code or a purpose to defraud, contributions made to a	254
campaign committee, political party, legislative campaign fund,	255
political action committee, or political contributing entity on	256
behalf of an elected public officer or other public official or	257
employee who seeks elective office shall be considered to accrue	258
ordinarily to the public official or employee for the purposes of	259
divisions (D), (E), and (F) of this section.	260

As used in this division, "contributions," "campaign	261
committee," "political party," "legislative campaign fund,"	262
"political action committee," and "political contributing entity"	263
have the same meanings as in section 3517.01 of the Revised Code.	264

(H)(1) No public official or employee, except for the	265
president or other chief administrative officer of or a member of	266
a board of trustees of a state institution of higher education as	267
defined in section 3345.011 of the Revised Code, who is required	268
to file a financial disclosure statement under section 102.02 of	269
the Revised Code shall solicit or accept, and no person shall give	270
to that public official or employee, an honorarium. Except as	271
provided in division (H)(2) of this section, this division and	272
divisions (D), (E), and (F) of this section do not prohibit a	273
public official or employee who is required to file a financial	274
disclosure statement under section 102.02 of the Revised Code from	275
accepting and do not prohibit a person from giving to that public	276
official or employee the payment of actual travel expenses,	277
including any expenses incurred in connection with the travel for	278
lodging, and meals, food, and beverages provided to the public	279
official or employee at a meeting at which the public official or	280
employee participates in a panel, seminar, or speaking engagement	281
or provided to the public official or employee at a meeting or	282
convention of a national organization to which any state agency,	283
including, but not limited to, any state legislative agency or	284
state institution of higher education as defined in section	285
3345.011 of the Revised Code, pays membership dues. Except as	286
provided in division (H)(2) of this section, this division and	287
divisions (D), (E), and (F) of this section do not prohibit a	288
public official or employee who is not required to file a	289
financial disclosure statement under section 102.02 of the Revised	290
Code from accepting and do not prohibit a person from promising or	291
giving to that public official or employee an honorarium or the	292
payment of travel, meal, and lodging expenses if the honorarium,	293
expenses, or both were paid in recognition of demonstrable	294
business, professional, or esthetic interests of the public	295
official or employee that exist apart from public office or	296
employment, including, but not limited to, such a demonstrable	297
interest in public speaking and were not paid by any person or	298
other entity, or by any representative or association of those	299
persons or entities, that is regulated by, doing business with, or	300
seeking to do business with the department, division, institution,	301
board, commission, authority, bureau, or other instrumentality of	302
the governmental entity with which the public official or employee	303
serves.	304

(2) No person who is a member of the board of a state	305
retirement system, a state retirement system investment officer,	306
or an employee of a state retirement system whose position	307
involves substantial and material exercise of discretion in the	308
investment of retirement system funds shall solicit or accept, and	309
no person shall give to that board member, officer, or employee,	310
payment of actual travel expenses, including expenses incurred	311
with the travel for lodging, meals, food, and beverages.	312

(I) A public official or employee may accept travel, meals,	313
and lodging or expenses or reimbursement of expenses for travel,	314
meals, and lodging in connection with conferences, seminars, and	315
similar events related to official duties if the travel, meals,	316
and lodging, expenses, or reimbursement is not of such a character	317
as to manifest a substantial and improper influence upon the	318
public official or employee with respect to that person's duties.	319
The house of representatives and senate, in their code of ethics,	320
and the Ohio ethics commission, under section 111.15 of the	321
Revised Code, may adopt rules setting standards and conditions for	322
the furnishing and acceptance of such travel, meals, and lodging,	323
expenses, or reimbursement.	324

A person who acts in compliance with this division and any	325
applicable rules adopted under it, or any applicable, similar	326
rules adopted by the supreme court governing judicial officers and	327
employees, does not violate division (D), (E), or (F) of this	328
section. This division does not preclude any person from seeking	329
an advisory opinion from the appropriate ethics commission under	330
section 102.08 of the Revised Code.	331

(J) For purposes of divisions (D), (E), and (F) of this	332
section, the membership of a public official or employee in an	333
organization shall not be considered, in and of itself, to be of	334
such a character as to manifest a substantial and improper	335
influence on the public official or employee with respect to that	336
person's duties. As used in this division, "organization" means a	337
church or a religious, benevolent, fraternal, or professional	338
organization that is tax exempt under subsection 501(a) and	339
described in subsection 501(c)(3), (4), (8), (10), or (19) of the	340
"Internal Revenue Code of 1986." This division does not apply to a	341
public official or employee who is an employee of an organization,	342
serves as a trustee, director, or officer of an organization, or	343
otherwise holds a fiduciary relationship with an organization.	344
This division does not allow a public official or employee who is	345
a member of an organization to participate, formally or	346
informally, in deliberations, discussions, or voting on a matter	347
or to use ~~his~~the public official's or employee's official	348
position with regard to the interests of the organization on the	349
matter if the public official or employee has assumed a particular	350
responsibility in the organization with respect to the matter or	351
if the matter would affect that person's personal, pecuniary	352
interests.	353

(K) It is not a violation of this section for a prosecuting	354
attorney to appoint assistants and employees in accordance with	355
division (B) of section 309.06 and section 2921.421 of the Revised	356
Code, for a chief legal officer of a municipal corporation or an	357
official designated as prosecutor in a municipal corporation to	358
appoint assistants and employees in accordance with sections	359
733.621 and 2921.421 of the Revised Code, for a township law	360
director appointed under section 504.15 of the Revised Code to	361
appoint assistants and employees in accordance with sections	362
504.151 and 2921.421 of the Revised Code, or for a coroner to	363
appoint assistants and employees in accordance with division (B)	364
of section 313.05 of the Revised Code.	365

As used in this division, "chief legal officer" has the same	366
meaning as in section 733.621 of the Revised Code.	367

(L) No present public official or employee with a casino	368
gaming regulatory function shall indirectly invest, by way of an	369
entity the public official or employee has an ownership interest	370
or control in, or directly invest in a casino operator, management	371
company, holding company, casino facility, or gaming-related	372
vendor. No present public official or employee with a casino	373
gaming regulatory function shall directly or indirectly have a	374
financial interest in, have an ownership interest in, be the	375
creditor or hold a debt instrument issued by, or have an interest	376
in a contractual or service relationship with a casino operator,	377
management company, holding company, casino facility, or	378
gaming-related vendor. This section does not prohibit or limit	379
permitted passive investing by the public official or employee.	380

As used in this division, "passive investing" means	381
investment by the public official or employee by means of a mutual	382
fund in which the public official or employee has no control of	383
the investments or investment decisions. "Casino operator,"	384
"holding company," "management company," "casino facility," and	385
"gaming-related vendor" have the same meanings as in section	386
3772.01 of the Revised Code.	387

(M) A member of the Ohio casino control commission, the	388
executive director of the commission, or an employee of the	389
commission shall not:	390

(1) Accept anything of value, including but not limited to a	391
gift, gratuity, emolument, or employment from a casino operator,	392
management company, or other person subject to the jurisdiction of	393
the commission, or from an officer, attorney, agent, or employee	394
of a casino operator, management company, or other person subject	395
to the jurisdiction of the commission;	396

(2) Solicit, suggest, request, or recommend, directly or	397
indirectly, to a casino operator, management company, or other	398
person subject to the jurisdiction of the commission, or to an	399
officer, attorney, agent, or employee of a casino operator,	400
management company, or other person subject to the jurisdiction of	401
the commission, the appointment of a person to an office, place,	402
position, or employment;	403

(3) Participate in casino gaming or any other amusement or	404
activity at a casino facility in this state or at an affiliate	405
gaming facility of a licensed casino operator, wherever located.	406

In addition to the penalty provided in section 102.99 of the	407
Revised Code, whoever violates division (M)(1), (2), or (3) of	408
this section forfeits the individual's office or employment.	409

Sec. 121.02. The following administrative departments and	410
their respective directors are hereby created:	411

(A) The office of budget and management, which shall be	412
administered by the director of budget and management;	413

(B) The department of commerce, which shall be administered	414
by the director of commerce;	415

(C) The department of administrative services, which shall be	416
administered by the director of administrative services;	417

(D) The department of transportation, which shall be	418
administered by the director of transportation;	419

(E) The department of agriculture, which shall be	420
administered by the director of agriculture;	421

(F) The department of natural resources, which shall be	422
administered by the director of natural resources;	423

(G) The department of health, which shall be administered by	424
the director of health;	425

(H) The department of job and family services, which shall be	426
administered by the director of job and family services;	427

(I) Until July 1, 1997, the department of liquor control,	428
which shall be administered by the director of liquor control;	429

(J) The department of public safety, which shall be	430
administered by the director of public safety;	431

(K) The department of mental health, which shall be	432
administered by the director of mental health;	433

(L) The department of developmental disabilities, which shall	434
be administered by the director of developmental disabilities;	435

(M) The department of insurance, which shall be administered	436
by the superintendent of insurance as director thereof;	437

(N) The ~~department of~~ development services agency, which	438
shall be administered by the director of development services;	439

(O) The department of youth services, which shall be	440
administered by the director of youth services;	441

(P) The department of rehabilitation and correction, which	442
shall be administered by the director of rehabilitation and	443
correction;	444

(Q) The environmental protection agency, which shall be	445
administered by the director of environmental protection;	446

(R) The department of aging, which shall be administered by	447
the director of aging;	448

(S) The department of alcohol and drug addiction services,	449
which shall be administered by the director of alcohol and drug	450
addiction services;	451

(T) The department of veterans services, which shall be	452
administered by the director of veterans services.	453

The director of each department shall exercise the powers and	454
perform the duties vested by law in such department.	455

Sec. 121.03. The following administrative department heads	456
shall be appointed by the governor, with the advice and consent of	457
the senate, and shall hold their offices during the term of the	458
appointing governor, and are subject to removal at the pleasure of	459
the governor.	460

(A) The director of budget and management;

461

(B) The director of commerce;

462

463

(D) The director of agriculture;

464

(E) The director of job and family services;

465

(F) Until July 1, 1997, the director of liquor control;

466

(G) The director of public safety;

467

(H) The superintendent of insurance;

468

(I) The director of development services;

469

(J) The tax commissioner;

470

(K) The director of administrative services;

471

(L) The director of natural resources;

472

(M) The director of mental health;

473

(N) The director of developmental disabilities;

474

(O) The director of health;

475

(P) The director of youth services;

476

(Q) The director of rehabilitation and correction;

477

(R) The director of environmental protection;

478

(S) The director of aging;

479

(T) The director of alcohol and drug addiction services;

480

(U) The administrator of workers' compensation who meets the	481
qualifications required under division (A) of section 4121.121 of	482
the Revised Code;	483

(V) The director of veterans services who meets the	484
qualifications required under section 5902.01 of the Revised Code;	485

(W) The chancellor of the Ohio board of regents.

486

Sec. 121.22. (A) This section shall be liberally construed	487
to require public officials to take official action and to conduct	488
all deliberations upon official business only in open meetings	489
unless the subject matter is specifically excepted by law.	490

(B) As used in this section:

491

(1) "Public body" means any of the following:

492

(a) Any board, commission, committee, council, or similar	493
decision-making body of a state agency, institution, or authority,	494
and any legislative authority or board, commission, committee,	495
council, agency, authority, or similar decision-making body of any	496
county, township, municipal corporation, school district, or other	497
political subdivision or local public institution;	498

(b) Any committee or subcommittee of a body described in	499
division (B)(1)(a) of this section;	500

(c) A court of jurisdiction of a sanitary district organized	501
wholly for the purpose of providing a water supply for domestic,	502
municipal, and public use when meeting for the purpose of the	503
appointment, removal, or reappointment of a member of the board of	504
directors of such a district pursuant to section 6115.10 of the	505
Revised Code, if applicable, or for any other matter related to	506
such a district other than litigation involving the district. As	507
used in division (B)(1)(c) of this section, "court of	508
jurisdiction" has the same meaning as "court" in section 6115.01	509
of the Revised Code.	510

(2) "Meeting" means any prearranged discussion of the public	511
business of the public body by a majority of its members.	512

(3) "Regulated individual" means either of the following:

513

(a) A student in a state or local public educational	514
institution;	515

(b) A person who is, voluntarily or involuntarily, an inmate,	516
patient, or resident of a state or local institution because of	517
criminal behavior, mental illness or retardation, disease,	518
disability, age, or other condition requiring custodial care.	519

(4) "Public office" has the same meaning as in section	520
149.011 of the Revised Code.	521

(C) All meetings of any public body are declared to be public	522
meetings open to the public at all times. A member of a public	523
body shall be present in person at a meeting open to the public to	524
be considered present or to vote at the meeting and for purposes	525
of determining whether a quorum is present at the meeting.	526

The minutes of a regular or special meeting of any public	527
body shall be promptly prepared, filed, and maintained and shall	528
be open to public inspection. The minutes need only reflect the	529
general subject matter of discussions in executive sessions	530
authorized under division (G) or (J) of this section.	531

(D) This section does not apply to any of the following:

532

(1) A grand jury;

533

(2) An audit conference conducted by the auditor of state or	534
independent certified public accountants with officials of the	535
public office that is the subject of the audit;	536

(3) The adult parole authority when its hearings are	537
conducted at a correctional institution for the sole purpose of	538
interviewing inmates to determine parole or pardon;	539

(4) The organized crime investigations commission established	540
under section 177.01 of the Revised Code;	541

(5) Meetings of a child fatality review board established	542
under section 307.621 of the Revised Code and meetings conducted	543
pursuant to sections 5153.171 to 5153.173 of the Revised Code;	544

(6) The state medical board when determining whether to	545
suspend a certificate without a prior hearing pursuant to division	546
(G) of either section 4730.25 or 4731.22 of the Revised Code;	547

(7) The board of nursing when determining whether to suspend	548
a license or certificate without a prior hearing pursuant to	549
division (B) of section 4723.281 of the Revised Code;	550

(8) The state board of pharmacy when determining whether to	551
suspend a license without a prior hearing pursuant to division (D)	552
of section 4729.16 of the Revised Code;	553

(9) The state chiropractic board when determining whether to	554
suspend a license without a hearing pursuant to section 4734.37 of	555
the Revised Code;	556

(10) The executive committee of the emergency response	557
commission when determining whether to issue an enforcement order	558
or request that a civil action, civil penalty action, or criminal	559
action be brought to enforce Chapter 3750. of the Revised Code;	560

(11) The board of directors of the nonprofit corporation	561
formed under section 187.01 of the Revised Code or any committee	562
thereof, and the board of directors of any subsidiary of that	563
corporation or a committee thereof;	564

(12) An audit conference conducted by the audit staff of the	565
department of job and family services with officials of the public	566
office that is the subject of that audit under section 5101.37 of	567
the Revised Code.	568

(E) The controlling board, the ~~development financing advisory~~	569
~~council, the~~ industrial technology and enterprise advisory	570
council, the tax credit authority, or the minority development	571
financing advisory board, when meeting to consider granting	572
assistance pursuant to Chapter 122. or 166. of the Revised Code,	573
in order to protect the interest of the applicant or the possible	574
investment of public funds, by unanimous vote of all board,	575
council, or authority members present, may close the meeting	576
during consideration of the following information confidentially	577
received by the authority, council, or board from the applicant:	578

(1) Marketing plans;

579

(2) Specific business strategy;

580

(3) Production techniques and trade secrets;

581

(4) Financial projections;

582

(5) Personal financial statements of the applicant or members	583
of the applicant's immediate family, including, but not limited	584
to, tax records or other similar information not open to public	585
inspection.	586

The vote by the authority, council, or board to accept or	587
reject the application, as well as all proceedings of the	588
authority, council, or board not subject to this division, shall	589
be open to the public and governed by this section.	590

(F) Every public body, by rule, shall establish a reasonable	591
method whereby any person may determine the time and place of all	592
regularly scheduled meetings and the time, place, and purpose of	593
all special meetings. A public body shall not hold a special	594
meeting unless it gives at least twenty-four hours' advance notice	595
to the news media that have requested notification, except in the	596
event of an emergency requiring immediate official action. In the	597
event of an emergency, the member or members calling the meeting	598
shall notify the news media that have requested notification	599
immediately of the time, place, and purpose of the meeting.	600

The rule shall provide that any person, upon request and	601
payment of a reasonable fee, may obtain reasonable advance	602
notification of all meetings at which any specific type of public	603
business is to be discussed. Provisions for advance notification	604
may include, but are not limited to, mailing the agenda of	605
meetings to all subscribers on a mailing list or mailing notices	606
in self-addressed, stamped envelopes provided by the person.	607

(G) Except as provided in division (J) of this section, the	608
members of a public body may hold an executive session only after	609
a majority of a quorum of the public body determines, by a roll	610
call vote, to hold an executive session and only at a regular or	611
special meeting for the sole purpose of the consideration of any	612
of the following matters:	613

(1) To consider the appointment, employment, dismissal,	614
discipline, promotion, demotion, or compensation of a public	615
employee or official, or the investigation of charges or	616
complaints against a public employee, official, licensee, or	617
regulated individual, unless the public employee, official,	618
licensee, or regulated individual requests a public hearing.	619
Except as otherwise provided by law, no public body shall hold an	620
executive session for the discipline of an elected official for	621
conduct related to the performance of the elected official's	622
official duties or for the elected official's removal from office.	623
If a public body holds an executive session pursuant to division	624
(G)(1) of this section, the motion and vote to hold that executive	625
session shall state which one or more of the approved purposes	626
listed in division (G)(1) of this section are the purposes for	627
which the executive session is to be held, but need not include	628
the name of any person to be considered at the meeting.	629

(2) To consider the purchase of property for public purposes,	630
or for the sale of property at competitive bidding, if premature	631
disclosure of information would give an unfair competitive or	632
bargaining advantage to a person whose personal, private interest	633
is adverse to the general public interest. No member of a public	634
body shall use division (G)(2) of this section as a subterfuge for	635
providing covert information to prospective buyers or sellers. A	636
purchase or sale of public property is void if the seller or buyer	637
of the public property has received covert information from a	638
member of a public body that has not been disclosed to the general	639
public in sufficient time for other prospective buyers and sellers	640
to prepare and submit offers.	641

If the minutes of the public body show that all meetings and	642
deliberations of the public body have been conducted in compliance	643
with this section, any instrument executed by the public body	644
purporting to convey, lease, or otherwise dispose of any right,	645
title, or interest in any public property shall be conclusively	646
presumed to have been executed in compliance with this section	647
insofar as title or other interest of any bona fide purchasers,	648
lessees, or transferees of the property is concerned.	649

(3) Conferences with an attorney for the public body	650
concerning disputes involving the public body that are the subject	651
of pending or imminent court action;	652

(4) Preparing for, conducting, or reviewing negotiations or	653
bargaining sessions with public employees concerning their	654
compensation or other terms and conditions of their employment;	655

(5) Matters required to be kept confidential by federal law	656
or regulations or state statutes;	657

(6) Details relative to the security arrangements and	658
emergency response protocols for a public body or a public office,	659
if disclosure of the matters discussed could reasonably be	660
expected to jeopardize the security of the public body or public	661
office;	662

(7) In the case of a county hospital operated pursuant to	663
Chapter 339. of the Revised Code, a joint township hospital	664
operated pursuant to Chapter 513. of the Revised Code, or a	665
municipal hospital operated pursuant to Chapter 749. of the	666
Revised Code, to consider trade secrets, as defined in section	667
1333.61 of the Revised Code.	668

If a public body holds an executive session to consider any	669
of the matters listed in divisions (G)(2) to (7) of this section,	670
the motion and vote to hold that executive session shall state	671
which one or more of the approved matters listed in those	672
divisions are to be considered at the executive session.	673

A public body specified in division (B)(1)(c) of this section	674
shall not hold an executive session when meeting for the purposes	675
specified in that division.	676

(H) A resolution, rule, or formal action of any kind is	677
invalid unless adopted in an open meeting of the public body. A	678
resolution, rule, or formal action adopted in an open meeting that	679
results from deliberations in a meeting not open to the public is	680
invalid unless the deliberations were for a purpose specifically	681
authorized in division (G) or (J) of this section and conducted at	682
an executive session held in compliance with this section. A	683
resolution, rule, or formal action adopted in an open meeting is	684
invalid if the public body that adopted the resolution, rule, or	685
formal action violated division (F) of this section.	686

(I)(1) Any person may bring an action to enforce this	687
section. An action under division (I)(1) of this section shall be	688
brought within two years after the date of the alleged violation	689
or threatened violation. Upon proof of a violation or threatened	690
violation of this section in an action brought by any person, the	691
court of common pleas shall issue an injunction to compel the	692
members of the public body to comply with its provisions.	693

(2)(a) If the court of common pleas issues an injunction	694
pursuant to division (I)(1) of this section, the court shall order	695
the public body that it enjoins to pay a civil forfeiture of five	696
hundred dollars to the party that sought the injunction and shall	697
award to that party all court costs and, subject to reduction as	698
described in division (I)(2) of this section, reasonable	699
attorney's fees. The court, in its discretion, may reduce an award	700
of attorney's fees to the party that sought the injunction or not	701
award attorney's fees to that party if the court determines both	702
of the following:	703

(i) That, based on the ordinary application of statutory law	704
and case law as it existed at the time of violation or threatened	705
violation that was the basis of the injunction, a well-informed	706
public body reasonably would believe that the public body was not	707
violating or threatening to violate this section;	708

(ii) That a well-informed public body reasonably would	709
believe that the conduct or threatened conduct that was the basis	710
of the injunction would serve the public policy that underlies the	711
authority that is asserted as permitting that conduct or	712
threatened conduct.	713

(b) If the court of common pleas does not issue an injunction	714
pursuant to division (I)(1) of this section and the court	715
determines at that time that the bringing of the action was	716
frivolous conduct, as defined in division (A) of section 2323.51	717
of the Revised Code, the court shall award to the public body all	718
court costs and reasonable attorney's fees, as determined by the	719
court.	720

(3) Irreparable harm and prejudice to the party that sought	721
the injunction shall be conclusively and irrebuttably presumed	722
upon proof of a violation or threatened violation of this section.	723

(4) A member of a public body who knowingly violates an	724
injunction issued pursuant to division (I)(1) of this section may	725
be removed from office by an action brought in the court of common	726
pleas for that purpose by the prosecuting attorney or the attorney	727
general.	728

(J)(1) Pursuant to division (C) of section 5901.09 of the	729
Revised Code, a veterans service commission shall hold an	730
executive session for one or more of the following purposes unless	731
an applicant requests a public hearing:	732

(a) Interviewing an applicant for financial assistance under	733
sections 5901.01 to 5901.15 of the Revised Code;	734

(b) Discussing applications, statements, and other documents	735
described in division (B) of section 5901.09 of the Revised Code;	736

(c) Reviewing matters relating to an applicant's request for	737
financial assistance under sections 5901.01 to 5901.15 of the	738
Revised Code.	739

(2) A veterans service commission shall not exclude an	740
applicant for, recipient of, or former recipient of financial	741
assistance under sections 5901.01 to 5901.15 of the Revised Code,	742
and shall not exclude representatives selected by the applicant,	743
recipient, or former recipient, from a meeting that the commission	744
conducts as an executive session that pertains to the applicant's,	745
recipient's, or former recipient's application for financial	746
assistance.	747

(3) A veterans service commission shall vote on the grant or	748
denial of financial assistance under sections 5901.01 to 5901.15	749
of the Revised Code only in an open meeting of the commission. The	750
minutes of the meeting shall indicate the name, address, and	751
occupation of the applicant, whether the assistance was granted or	752
denied, the amount of the assistance if assistance is granted, and	753
the votes for and against the granting of assistance.	754

Sec. 122.01. (A) As used in the Revised Code, the	755
"department of development" means the development services agency	756
and the "director of development" means the director of	757
development services. Whenever the department or director of	758
development is referred to or designated in any statute, rule,	759
contract, grant, or other document, the reference or designation	760
shall be deemed to refer to the development services agency or	761
director of development services, as the case may be.	762

(B) As used in this chapter:

763

~~(A)~~(1) "Community problems" includes, but is not limited to,	764
taxation, fiscal administration, governmental structure and	765
organization, intergovernmental cooperation, education and	766
training, employment needs, community planning and development,	767
air and water pollution, public safety and the administration of	768
justice, housing, mass transportation, community facilities and	769
services, health, welfare, recreation, open space, and the	770
development of human resources.	771

~~(B)~~(2) "Professional personnel" means either of the	772
following:	773

~~(1)~~(a) Personnel who have earned a bachelor's degree from a	774
college or university;	775

~~(2)~~(b) Personnel who serve as or have the working title of	776
director, assistant director, deputy director, assistant deputy	777
director, manager, office chief, assistant office chief, or	778
program director.	779

~~(C)~~(3) "Technical personnel" means any of the following:

780

~~(1)~~(a) Personnel who provide technical assistance according	781
to their job description or in accordance with the Revised Code;	782

~~(2)~~(b) Personnel employed in the director of ~~development's~~	783
development services' office or the legal office, communications	784
office, finance office, legislative affairs office, or human	785
resources office of the ~~department of~~ development services agency;	786

~~(3)~~(c) Personnel employed in the technology division of the	787
~~department~~agency.	788

Sec. 122.011. (A) The ~~department of~~ development services	789
agency shall develop and promote plans and programs designed to	790
assure that state resources are efficiently used, economic growth	791
is properly balanced, community growth is developed in an orderly	792
manner, and local governments are coordinated with each other and	793
the state, and for such purposes may do all of the following:	794

(1) Serve as a clearinghouse for information, data, and other	795
materials that may be helpful or necessary to persons or local	796
governments, as provided in section ~~122.07~~122.073 of the Revised	797
Code;	798

(2) Prepare and activate plans for the retention,	799
development, expansion, and use of the resources and commerce of	800
the state, as provided in section 122.04 of the Revised Code;	801

(3) Assist and cooperate with federal, state, and local	802
governments and agencies of federal, state, and local governments	803
in the coordination of programs to carry out the functions and	804
duties of the ~~department~~agency;	805

(4) Encourage and foster research and development activities,	806
conduct studies related to the solution of community problems, and	807
develop recommendations for administrative or legislative actions,	808
as provided in section 122.03 of the Revised Code;	809

(5) Serve as the economic and community development planning	810
agency, which shall prepare and recommend plans and programs for	811
the orderly growth and development of this state and which shall	812
provide planning assistance, as provided in section 122.06 of the	813
Revised Code;	814

(6) Cooperate with and provide technical assistance to state	815
departments, political subdivisions, regional and local planning	816
commissions, tourist associations, councils of government,	817
community development groups, community action agencies, and other	818
appropriate organizations for carrying out the functions and	819
duties of the ~~department~~development services agency or for the	820
solution of community problems;	821

(7) Coordinate the activities of state agencies that have an	822
impact on carrying out the functions and duties of the ~~department~~	823
development services agency;	824

(8) Encourage and assist the efforts of and cooperate with	825
local governments to develop mutual and cooperative solutions to	826
their common problems that relate to carrying out the purposes of	827
this section;	828

(9) Study existing structure, operations, and financing of	829
regional or local government and those state activities that	830
involve significant relations with regional or local governmental	831
units, recommend to the governor and to the general assembly such	832
changes in these provisions and activities as will improve the	833
operations of regional or local government, and conduct other	834
studies of legal provisions that affect problems related to	835
carrying out the purposes of this section;	836

(10) Create and operate a division of community development	837
to develop and administer programs and activities that are	838
authorized by federal statute or the Revised Code;	839

(11) Until October 15, 2007, establish fees and charges, in	840
consultation with the director of agriculture, for purchasing	841
loans from financial institutions and providing loan guarantees	842
under the family farm loan program created under sections 901.80	843
to 901.83 of the Revised Code;	844

(12) Provide loan servicing for the loans purchased and loan	845
guarantees provided under section 901.80 of the Revised Code as	846
that section existed prior to October 15, 2007;	847

(13) Until October 15, 2007, and upon approval by the	848
controlling board under division (A)(3) of section 901.82 of the	849
Revised Code of the release of money to be used for purchasing a	850
loan or providing a loan guarantee, request the release of that	851
money in accordance with division (B) of section 166.03 of the	852
Revised Code for use for the purposes of the fund created by	853
section 166.031 of the Revised Code.	854

(14) Allocate that portion of the national recovery zone	855
economic development bond limitation and that portion of the	856
national recovery zone facility bond limitation that has been	857
allocated to the state under section 1400U-1 of the Internal	858
Revenue Code, 26 U.S.C. 1400U-1. If any county or municipal	859
corporation waives any portion of an allocation it receives under	860
division (A)(14) of this section, the ~~department~~agency may	861
reallocate that amount. Any allocation or reallocation shall be	862
made in accordance with this section and section 1400U-1 of the	863
Internal Revenue Code.	864

(B) The director of development services may request the	865
attorney general to, and the attorney general, in accordance with	866
section 109.02 of the Revised Code, shall bring a civil action in	867
any court of competent jurisdiction. The director may be sued in	868
the director's official capacity, in connection with this chapter,	869
in accordance with Chapter 2743. of the Revised Code.	870

(C) The director ~~of development~~ shall execute a contract	871
pursuant to section 187.04 of the Revised Code with the nonprofit	872
corporation formed under section 187.01 of the Revised Code, and	873
may execute any additional contracts with the corporation	874
providing for the corporation to assist the director or ~~department~~	875
agency in carrying out any duties of the director or ~~department~~	876
agency under this chapter, under any other provision of the	877
Revised Code dealing with economic development, or under a	878
contract with the director, subject to section 187.04 of the	879
Revised Code.	880

Sec. 122.07. (A) There is hereby created within the	881
development services agency an office to be known as the office of	882
TourismOhio. The office shall be under the supervision of a	883
director who shall be of equivalent rank of deputy director of the	884
agency and shall serve at the pleasure of the director of	885
development services.	886

(B) The office shall do both of the following:

887

(1) Promote the state as a travel destination and provide	888
related services or otherwise carry out the promotional functions	889
or duties of the agency, as necessary;	890

(2) Perform an annual return-on-investment study analyzing	891
the office's success in promoting Ohio tourism. A report	892
containing the findings of the study shall be submitted to the	893
governor, the speaker of the house of representatives, and the	894
president of the senate. The report shall also be made available	895
to the public.	896

Sec. 122.071. (A) The TourismOhio advisory board is hereby	897
established to advise the director of development services and the	898
director of the office of TourismOhio on strategies for promoting	899
tourism in this state. The board shall consist of the chief	900
investment officer of the nonprofit corporation formed under	901
section 187.01 of the Revised Code, the director of the office of	902
TourismOhio, and eight members to be appointed by the governor as	903
provided in division (B) of this section. All members of the	904
board, except the director of the office of TourismOhio, shall be	905
voting members.	906

(B)(1) The governor shall, within sixty days after the	907
effective date of this section, appoint to the TourismOhio	908
advisory board one individual who is a representative of	909
convention and visitors' bureaus, one individual who is a	910
representative of the lodging industry, one individual who is a	911
representative of the restaurant industry, one individual who is a	912
representative of attractions, one individual who is a	913
representative of special events and festivals, and three	914
individuals who are representatives of the tourism industry. Of	915
the initial appointments, two individuals shall serve a term of	916
one year, two individuals shall serve a term of two years, and the	917
remainder shall serve a term of three years. Each individual	918
appointed to the board shall be a United States citizen.	919

(2) For purposes of division (B)(1) of this section, an	920
individual is a "representative of the tourism industry" if the	921
individual possesses five years or more executive-level experience	922
in the attractions, lodging, restaurant, transportation, or retail	923
industry or five years or more executive-level experience with a	924
destination marketing organization.	925

(C)(1) Each member of the TourismOhio advisory board shall	926
hold office from the date of the member's appointment until the	927
end of the term for which the member is appointed. Vacancies that	928
occur on the board shall be filled in the manner prescribed for	929
regular appointments to the board. A member appointed to fill a	930
vacancy occurring prior to the expiration of the term for which	931
the member's predecessor was appointed shall hold office for the	932
remainder of that predecessor's term. A member shall continue in	933
office subsequent to the expiration date of the member's term	934
until the member's successor takes office or until sixty days have	935
elapsed, whichever occurs first. Any member appointed to the board	936
is eligible for reappointment.	937

(2) The governor shall designate one member of the board as	938
chairperson.	939

(3) Members appointed to the board may be reimbursed for	940
actual and necessary expenses incurred in connection with their	941
official duties.	942

~~Sec. 122.071.~~ Sec. 122.072. There is hereby created in the state	943
treasury the ~~travel and~~ tourism ~~cooperative projects~~ fund	944
consisting of ~~all~~money credited or transferred to it and grants,	945
gifts, and contributions made directly to ~~the director of~~	946
~~development for marketing and promotion of travel and tourism~~	947
~~within~~it. Money in the fund shall be used to defray costs	948
incurred by the office of TourismOhio in promoting this state	949
~~pursuant to division (F) of section 122.04 and section 122.07 of~~	950
~~the Revised Code~~as a travel destination.	951

~~Sec. 122.07.~~ Sec. 122.073. (A) The ~~department of~~ development	952
services agency may do either of the following:	953

(1) Disseminate information concerning the industrial,	954
commercial, governmental, educational, cultural, recreational,	955
agricultural, and other advantages and attractions of the state;	956

(2) Provide technical assistance to public and private	957
agencies in the preparation of promotional programs designed to	958
attract business, industry, and tourists to the state.	959

(B) Records related to tourism market research submitted to	960
or generated by the ~~research~~ office of ~~the division of travel and~~	961
~~tourism of the department of development~~TourismOhio, and any	962
information taken for any purpose from such research, are not	963
public records for the purposes of section 149.43 of the Revised	964
Code. The ~~department~~agency may use, however, such tourism market	965
research in a public report if the director of ~~the department~~	966
development services determines that issuing and distributing the	967
report would promote or market the state's travel and tourism	968
industry or otherwise advance the purposes of this section.	969

Sec. 122.17. (A) As used in this section:

970

(1) "Income tax revenue" means the total amount withheld	971
under section 5747.06 of the Revised Code by the taxpayer during	972
the taxable year, or during the calendar year that includes the	973
tax period, from the compensation of each employee employed in the	974
project to the extent the employee's withholdings are not used to	975
determine the credit under section 122.171 of the Revised Code.	976
"Income tax revenue" excludes amounts withheld before the day the	977
taxpayer becomes eligible for the credit.	978

(2) "Baseline income tax revenue" means income tax revenue	979
except that the applicable withholding period is the twelve months	980
immediately preceding the date the tax credit authority approves	981
the taxpayer's application or the date the tax credit authority	982
receives the recommendation described in division (C)(3) of this	983
section, whichever occurs first, multiplied by the sum of one plus	984
an annual pay increase factor to be determined by the tax credit	985
authority. If the taxpayer becomes eligible for the credit after	986
the first day of the taxpayer's taxable year or after the first	987
day of the calendar year that includes the tax period, the	988
taxpayer's baseline income tax revenue for the first such taxable	989
or calendar year of credit eligibility shall be reduced in	990
proportion to the number of days during the taxable or calendar	991
year for which the taxpayer was not eligible for the credit. For	992
subsequent taxable or calendar years, "baseline income tax	993
revenue" equals the unreduced baseline income tax revenue for the	994
preceding taxable or calendar year multiplied by the sum of one	995
plus the pay increase factor.	996

(3) "Excess income tax revenue" means income tax revenue	997
minus baseline income tax revenue.	998

(B) The tax credit authority may make grants under this	999
section to foster job creation in this state. Such a grant shall	1000
take the form of a refundable credit allowed against the tax	1001
imposed by section 5725.18, 5729.03, 5733.06, or 5747.02 or levied	1002
under Chapter 5751. of the Revised Code. The credit shall be	1003
claimed for the taxable years or tax periods specified in the	1004
taxpayer's agreement with the tax credit authority under division	1005
(D) of this section. With respect to taxes imposed under section	1006
5733.06 or 5747.02 or Chapter 5751. of the Revised Code, the	1007
credit shall be claimed in the order required under section	1008
5733.98, 5747.98, or 5751.98 of the Revised Code. The amount of	1009
the credit available for a taxable year or for a calendar year	1010
that includes a tax period equals the excess income tax revenue	1011
for that year multiplied by the percentage specified in the	1012
agreement with the tax credit authority. Any credit granted under	1013
this section against the tax imposed by section 5733.06 or 5747.02	1014
of the Revised Code, to the extent not fully utilized against such	1015
tax for taxable years ending prior to 2008, shall automatically be	1016
converted without any action taken by the tax credit authority to	1017
a credit against the tax levied under Chapter 5751. of the Revised	1018
Code for tax periods beginning on or after July 1, 2008, provided	1019
that the person to whom the credit was granted is subject to such	1020
tax. The converted credit shall apply to those calendar years in	1021
which the remaining taxable years specified in the agreement end.	1022

(C) A taxpayer or potential taxpayer who proposes a project	1023
to create new jobs in this state may apply to the tax credit	1024
authority to enter into an agreement for a tax credit under this	1025
section. The director of development services shall prescribe the	1026
form of the application. After receipt of an application, the	1027
authority may enter into an agreement with the taxpayer for a	1028
credit under this section if it determines all of the following:	1029

(1) The taxpayer's project will increase payroll and income	1030
tax revenue;	1031

(2) The taxpayer's project is economically sound and will	1032
benefit the people of this state by increasing opportunities for	1033
employment and strengthening the economy of this state;	1034

(3) Receiving the tax credit is a major factor in the	1035
taxpayer's decision to go forward with the project, as recommended	1036
to the tax credit authority by the chief investment officer of the	1037
nonprofit corporation formed under section 187.01 of the Revised	1038
Code and the director of development services, or, if the taxpayer	1039
has already begun the project, receiving the tax credit is a major	1040
factor in the taxpayer's decision to do so and the chief	1041
investment officer and director make a recommendation to the	1042
authority, within six months after the application was received by	1043
the authority, that the taxpayer's application be considered.	1044

(D) An agreement under this section shall include all of the	1045
following:	1046

(1) A detailed description of the project that is the subject	1047
of the agreement;	1048

(2) The term of the tax credit, which shall not exceed	1049
fifteen years, and the first taxable year, or first calendar year	1050
that includes a tax period, for which the credit may be claimed;	1051

(3) A requirement that the taxpayer shall maintain operations	1052
at the project location for at least the greater of seven years or	1053
the term of the credit plus three years;	1054

(4) The percentage, as determined by the tax credit	1055
authority, of excess income tax revenue that will be allowed as	1056
the amount of the credit for each taxable year or for each	1057
calendar year that includes a tax period;	1058

(5) The pay increase factor to be applied to the taxpayer's	1059
baseline income tax revenue;	1060

(6) A requirement that the taxpayer annually shall report to	1061
the director of development services employment, tax withholding,	1062
investment, and other information the director needs to perform	1063
the director's duties under this section;	1064

(7) A requirement that the director of development services	1065
annually review the information reported under division (D)(6) of	1066
this section and verify compliance with the agreement; if the	1067
taxpayer is in compliance, a requirement that the director issue a	1068
certificate to the taxpayer stating that the information has been	1069
verified and identifying the amount of the credit that may be	1070
claimed for the taxable or calendar year;	1071

(8) A provision providing that the taxpayer may not relocate	1072
a substantial number of employment positions from elsewhere in	1073
this state to the project location unless the director of	1074
development services determines that the legislative authority of	1075
the county, township, or municipal corporation from which the	1076
employment positions would be relocated has been notified by the	1077
taxpayer of the relocation.	1078

For purposes of this section, the movement of an employment	1079
position from one political subdivision to another political	1080
subdivision shall be considered a relocation of an employment	1081
position unless the employment position in the first political	1082
subdivision is replaced.	1083

(E) If a taxpayer fails to meet or comply with any condition	1084
or requirement set forth in a tax credit agreement, the tax credit	1085
authority may amend the agreement to reduce the percentage or term	1086
of the tax credit. The reduction of the percentage or term may	1087
take effect in the current taxable or calendar year.	1088

(F) Projects that consist solely of point-of-final-purchase	1089
retail facilities are not eligible for a tax credit under this	1090
section. If a project consists of both point-of-final-purchase	1091
retail facilities and nonretail facilities, only the portion of	1092
the project consisting of the nonretail facilities is eligible for	1093
a tax credit and only the excess income tax revenue from the	1094
nonretail facilities shall be considered when computing the amount	1095
of the tax credit. If a warehouse facility is part of a	1096
point-of-final-purchase retail facility and supplies only that	1097
facility, the warehouse facility is not eligible for a tax credit.	1098
Catalog distribution centers are not considered	1099
point-of-final-purchase retail facilities for the purposes of this	1100
division, and are eligible for tax credits under this section.	1101

(G) Financial statements and other information submitted to	1102
the ~~department of~~ development services agency or the tax credit	1103
authority by an applicant or recipient of a tax credit under this	1104
section, and any information taken for any purpose from such	1105
statements or information, are not public records subject to	1106
section 149.43 of the Revised Code. However, the chairperson of	1107
the authority may make use of the statements and other information	1108
for purposes of issuing public reports or in connection with court	1109
proceedings concerning tax credit agreements under this section.	1110
Upon the request of the tax commissioner or, if the applicant or	1111
recipient is an insurance company, upon the request of the	1112
superintendent of insurance, the chairperson of the authority	1113
shall provide to the commissioner or superintendent any statement	1114
or information submitted by an applicant or recipient of a tax	1115
credit in connection with the credit. The commissioner or	1116
superintendent shall preserve the confidentiality of the statement	1117
or information.	1118

(H) A taxpayer claiming a credit under this section shall	1119
submit to the tax commissioner or, if the taxpayer is an insurance	1120
company, to the superintendent of insurance, a copy of the	1121
director of ~~development's~~development services' certificate of	1122
verification under division (D)(7) of this section with the	1123
taxpayer's tax report or return for the taxable year or for the	1124
calendar year that includes the tax period. Failure to submit a	1125
copy of the certificate with the report or return does not	1126
invalidate a claim for a credit if the taxpayer submits a copy of	1127
the certificate to the commissioner or superintendent within sixty	1128
days after the commissioner or superintendent requests it.	1129

(I) The director of development services, after consultation	1130
with the tax commissioner and the superintendent of insurance and	1131
in accordance with Chapter 119. of the Revised Code, shall adopt	1132
rules necessary to implement this section. The rules may provide	1133
for recipients of tax credits under this section to be charged	1134
fees to cover administrative costs of the tax credit program. The	1135
fees collected shall be credited to the ~~tax incentive programs~~	1136
~~operating~~business assistance fund created in section 122.174 of	1137
the Revised Code. At the time the director gives public notice	1138
under division (A) of section 119.03 of the Revised Code of the	1139
adoption of the rules, the director shall submit copies of the	1140
proposed rules to the chairpersons of the standing committees on	1141
economic development in the senate and the house of	1142
representatives.	1143

(J) For the purposes of this section, a taxpayer may include	1144
a partnership, a corporation that has made an election under	1145
subchapter S of chapter one of subtitle A of the Internal Revenue	1146
Code, or any other business entity through which income flows as a	1147
distributive share to its owners. A partnership, S-corporation, or	1148
other such business entity may elect to pass the credit received	1149
under this section through to the persons to whom the income or	1150
profit of the partnership, S-corporation, or other entity is	1151
distributed. The election shall be made on the annual report	1152
required under division (D)(6) of this section. The election	1153
applies to and is irrevocable for the credit for which the report	1154
is submitted. If the election is made, the credit shall be	1155
apportioned among those persons in the same proportions as those	1156
in which the income or profit is distributed.	1157

(K) If the director of development services determines that a	1158
taxpayer who has received a credit under this section is not	1159
complying with the requirement under division (D)(3) of this	1160
section, the director shall notify the tax credit authority of the	1161
noncompliance. After receiving such a notice, and after giving the	1162
taxpayer an opportunity to explain the noncompliance, the tax	1163
credit authority may require the taxpayer to refund to this state	1164
a portion of the credit in accordance with the following:	1165

(1) If the taxpayer maintained operations at the project	1166
location for a period less than or equal to the term of the	1167
credit, an amount not exceeding one hundred per cent of the sum of	1168
any credits allowed and received under this section;	1169

(2) If the taxpayer maintained operations at the project	1170
location for a period longer than the term of the credit, but less	1171
than the greater of seven years or the term of the credit plus	1172
three years, an amount not exceeding seventy-five per cent of the	1173
sum of any credits allowed and received under this section.	1174

In determining the portion of the tax credit to be refunded	1175
to this state, the tax credit authority shall consider the effect	1176
of market conditions on the taxpayer's project and whether the	1177
taxpayer continues to maintain other operations in this state.	1178
After making the determination, the authority shall certify the	1179
amount to be refunded to the tax commissioner or superintendent of	1180
insurance, as appropriate. If the amount is certified to the	1181
commissioner, the commissioner shall make an assessment for that	1182
amount against the taxpayer under Chapter 5733., 5747., or 5751.	1183
of the Revised Code. If the amount is certified to the	1184
superintendent, the superintendent shall make an assessment for	1185
that amount against the taxpayer under Chapter 5725. or 5729. of	1186
the Revised Code. The time limitations on assessments under those	1187
chapters do not apply to an assessment under this division, but	1188
the commissioner or superintendent, as appropriate, shall make the	1189
assessment within one year after the date the authority certifies	1190
to the commissioner or superintendent the amount to be refunded.	1191

(L) On or before the first day of August each year, the	1192
director of development services shall submit a report to the	1193
governor, the president of the senate, and the speaker of the	1194
house of representatives on the tax credit program under this	1195
section. The report shall include information on the number of	1196
agreements that were entered into under this section during the	1197
preceding calendar year, a description of the project that is the	1198
subject of each such agreement, and an update on the status of	1199
projects under agreements entered into before the preceding	1200
calendar year.	1201

(M) There is hereby created the tax credit authority, which	1202
consists of the director of development services, the chief	1203
investment officer of the nonprofit corporation formed under	1204
section 187.01 of the Revised Code, and ~~four~~five other members	1205
appointed as follows: the governor, the president of the senate,	1206
and the speaker of the house of representatives each shall appoint	1207
one member who shall be a specialist in economic development; the	1208
governor also shall appoint a member who is a specialist in	1209
taxation and a member who is a specialist in the development of	1210
new technology. Of the initial appointees, the members appointed	1211
by the governor shall serve a term of two years; the members	1212
appointed by the president of the senate and the speaker of the	1213
house of representatives shall serve a term of four years.	1214
Thereafter, terms of office shall be for four years. Initial	1215
appointments to the authority shall be made within thirty days	1216
after January 13, 1993. Each member shall serve on the authority	1217
until the end of the term for which the member was appointed.	1218
Vacancies shall be filled in the same manner provided for original	1219
appointments. Any member appointed to fill a vacancy occurring	1220
prior to the expiration of the term for which the member's	1221
predecessor was appointed shall hold office for the remainder of	1222
that term. Members may be reappointed to the authority. Members of	1223
the authority shall receive their necessary and actual expenses	1224
while engaged in the business of the authority. The director of	1225
development services shall serve as chairperson of the authority,	1226
and the members annually shall elect a vice-chairperson from among	1227
themselves. ~~Three~~Four members of the authority constitute a	1228
quorum to transact and vote on the business of the authority. The	1229
majority vote of the membership of the authority is necessary to	1230
approve any such business, including the election of the	1231
vice-chairperson.	1232

The director of development services may appoint a	1233
professional employee of the ~~department of~~ development services	1234
agency to serve as the director's substitute at a meeting of the	1235
authority. The director shall make the appointment in writing. In	1236
the absence of the director from a meeting of the authority, the	1237
appointed substitute shall serve as chairperson. In the absence of	1238
both the director and the director's substitute from a meeting,	1239
the vice-chairperson shall serve as chairperson.	1240

(N) For purposes of the credits granted by this section	1241
against the taxes imposed under sections 5725.18 and 5729.03 of	1242
the Revised Code, "taxable year" means the period covered by the	1243
taxpayer's annual statement to the superintendent of insurance.	1244

Sec. 122.171. (A) As used in this section:

1245

(1) "Capital investment project" means a plan of investment	1246
at a project site for the acquisition, construction, renovation,	1247
or repair of buildings, machinery, or equipment, or for	1248
capitalized costs of basic research and new product development	1249
determined in accordance with generally accepted accounting	1250
principles, but does not include any of the following:	1251

(a) Payments made for the acquisition of personal property	1252
through operating leases;	1253

(b) Project costs paid before January 1, 2002;

1254

(c) Payments made to a related member as defined in section	1255
5733.042 of the Revised Code or to a consolidated elected taxpayer	1256
or a combined taxpayer as defined in section 5751.01 of the	1257
Revised Code.	1258

(2) "Eligible business" means a taxpayer and its related	1259
members with Ohio operations satisfying all of the following:	1260

(a) The taxpayer employs at least five hundred full-time	1261
equivalent employees or has an annual payroll of at least	1262
thirty-five million dollars at the time the tax credit authority	1263
grants the tax credit under this section;	1264

(b) The taxpayer makes or causes to be made payments for the	1265
capital investment project of one of the following:	1266

(i) If the taxpayer is engaged at the project site primarily	1267
as a manufacturer, at least fifty million dollars in the aggregate	1268
at the project site during a period of three consecutive calendar	1269
years, including the calendar year that includes a day of the	1270
taxpayer's taxable year or tax period with respect to which the	1271
credit is granted;	1272

(ii) If the taxpayer is engaged at the project site primarily	1273
in significant corporate administrative functions, as defined by	1274
the director of development services by rule, at least twenty	1275
million dollars in the aggregate at the project site during a	1276
period of three consecutive calendar years including the calendar	1277
year that includes a day of the taxpayer's taxable year or tax	1278
period with respect to which the credit is granted;	1279

(iii) If the taxpayer is applying to enter into an agreement	1280
for a tax credit authorized under division (B)(3) of this section,	1281
at least five million dollars in the aggregate at the project site	1282
during a period of three consecutive calendar years, including the	1283
calendar year that includes a day of the taxpayer's taxable year	1284
or tax period with respect to which the credit is granted.	1285

(c) The taxpayer had a capital investment project reviewed	1286
and approved by the tax credit authority as provided in divisions	1287
(C), (D), and (E) of this section.	1288

(3) "Full-time equivalent employees" means the quotient	1289
obtained by dividing the total number of hours for which employees	1290
were compensated for employment in the project by two thousand	1291
eighty. "Full-time equivalent employees" shall exclude hours that	1292
are counted for a credit under section 122.17 of the Revised Code.	1293

(4) "Income tax revenue" means the total amount withheld	1294
under section 5747.06 of the Revised Code by the taxpayer during	1295
the taxable year, or during the calendar year that includes the	1296
tax period, from the compensation of all employees employed in the	1297
project whose hours of compensation are included in calculating	1298
the number of full-time equivalent employees.	1299

(5) "Manufacturer" has the same meaning as in section	1300
5739.011 of the Revised Code.	1301

(6) "Project site" means an integrated complex of facilities	1302
in this state, as specified by the tax credit authority under this	1303
section, within a fifteen-mile radius where a taxpayer is	1304
primarily operating as an eligible business.	1305

(7) "Related member" has the same meaning as in section	1306
5733.042 of the Revised Code as that section existed on the	1307
effective date of its amendment by Am. Sub. H.B. 215 of the 122nd	1308
general assembly, September 29, 1997.	1309

(8) "Taxable year" includes, in the case of a domestic or	1310
foreign insurance company, the calendar year ending on the	1311
thirty-first day of December preceding the day the superintendent	1312
of insurance is required to certify to the treasurer of state	1313
under section 5725.20 or 5729.05 of the Revised Code the amount of	1314
taxes due from insurance companies.	1315

(B) The tax credit authority created under section 122.17 of	1316
the Revised Code may grant tax credits under this section for the	1317
purpose of fostering job retention in this state. Upon application	1318
by an eligible business and upon consideration of the	1319
recommendation of the director of budget and management, tax	1320
commissioner, the superintendent of insurance in the case of an	1321
insurance company, and director of development services under	1322
division (C) of this section, the tax credit authority may grant	1323
the following credits against the tax imposed by section 5725.18,	1324
5729.03, 5733.06, 5747.02, or 5751.02 of the Revised Code:	1325

(1) A nonrefundable credit to an eligible business;

1326

(2) A refundable credit to an eligible business meeting the	1327
following conditions, provided that the director of budget and	1328
management, tax commissioner, superintendent of insurance in the	1329
case of an insurance company, and director of development services	1330
have recommended the granting of the credit to the tax credit	1331
authority before July 1, 2011:	1332

(a) The business retains at least one thousand full-time	1333
equivalent employees at the project site.	1334

(b) The business makes or causes to be made payments for a	1335
capital investment project of at least twenty-five million dollars	1336
in the aggregate at the project site during a period of three	1337
consecutive calendar years, including the calendar year that	1338
includes a day of the business' taxable year or tax period with	1339
respect to which the credit is granted.	1340

(c) In 2010, the business received a written offer of	1341
financial incentives from another state of the United States that	1342
the director determines to be sufficient inducement for the	1343
business to relocate the business' operations from this state to	1344
that state.	1345

(3) A refundable credit to an eligible business with a total	1346
annual payroll of at least twenty million dollars, provided that	1347
the tax credit authority grants the tax credit on or after July 1,	1348
2011, and before January 1, 2014.	1349

The credits authorized in divisions (B)(1), (2), and (3) of	1350
this section may be granted for a period up to fifteen taxable	1351
years or, in the case of the tax levied by section 5751.02 of the	1352
Revised Code, for a period of up to fifteen calendar years. The	1353
credit amount for a taxable year or a calendar year that includes	1354
the tax period for which a credit may be claimed equals the income	1355
tax revenue for that year multiplied by the percentage specified	1356
in the agreement with the tax credit authority. The percentage may	1357
not exceed seventy-five per cent. The credit shall be claimed in	1358
the order required under section 5725.98, 5729.98, 5733.98,	1359
5747.98, or 5751.98 of the Revised Code. In determining the	1360
percentage and term of the credit, the tax credit authority shall	1361
consider both the number of full-time equivalent employees and the	1362
value of the capital investment project. The credit amount may not	1363
be based on the income tax revenue for a calendar year before the	1364
calendar year in which the tax credit authority specifies the tax	1365
credit is to begin, and the credit shall be claimed only for the	1366
taxable years or tax periods specified in the eligible business'	1367
agreement with the tax credit authority. In no event shall the	1368
credit be claimed for a taxable year or tax period terminating	1369
before the date specified in the agreement. Any credit granted	1370
under this section against the tax imposed by section 5733.06 or	1371
5747.02 of the Revised Code, to the extent not fully utilized	1372
against such tax for taxable years ending prior to 2008, shall	1373
automatically be converted without any action taken by the tax	1374
credit authority to a credit against the tax levied under Chapter	1375
5751. of the Revised Code for tax periods beginning on or after	1376
July 1, 2008, provided that the person to whom the credit was	1377
granted is subject to such tax. The converted credit shall apply	1378
to those calendar years in which the remaining taxable years	1379
specified in the agreement end.	1380

If a nonrefundable credit allowed under division (B)(1) of	1381
this section for a taxable year or tax period exceeds the	1382
taxpayer's tax liability for that year or period, the excess may	1383
be carried forward for the three succeeding taxable or calendar	1384
years, but the amount of any excess credit allowed in any taxable	1385
year or tax period shall be deducted from the balance carried	1386
forward to the succeeding year or period.	1387

(C) A taxpayer that proposes a capital investment project to	1388
retain jobs in this state may apply to the tax credit authority to	1389
enter into an agreement for a tax credit under this section. The	1390
director of development services shall prescribe the form of the	1391
application. After receipt of an application, the authority shall	1392
forward copies of the application to the director of budget and	1393
management, the tax commissioner, the superintendent of insurance	1394
in the case of an insurance company, and the director of	1395
development services, each of whom shall review the application to	1396
determine the economic impact the proposed project would have on	1397
the state and the affected political subdivisions and shall submit	1398
a summary of their determinations and recommendations to the	1399
authority.	1400

(D) Upon review and consideration of the determinations and	1401
recommendations described in division (C) of this section, the tax	1402
credit authority may enter into an agreement with the taxpayer for	1403
a credit under this section if the authority determines all of the	1404
following:	1405

(1) The taxpayer's capital investment project will result in	1406
the retention of employment in this state.	1407

(2) The taxpayer is economically sound and has the ability to	1408
complete the proposed capital investment project.	1409

(3) The taxpayer intends to and has the ability to maintain	1410
operations at the project site for at least the greater of (a) the	1411
term of the credit plus three years, or (b) seven years.	1412

(4) Receiving the credit is a major factor in the taxpayer's	1413
decision to begin, continue with, or complete the project.	1414

(5) If the taxpayer is applying to enter into an agreement	1415
for a tax credit authorized under division (B)(3) of this section,	1416
the taxpayer's capital investment project will be located in the	1417
political subdivision in which the taxpayer maintains its	1418
principal place of business.	1419

(E) An agreement under this section shall include all of the	1420
following:	1421

(1) A detailed description of the project that is the subject	1422
of the agreement, including the amount of the investment, the	1423
period over which the investment has been or is being made, the	1424
number of full-time equivalent employees at the project site, and	1425
the anticipated income tax revenue to be generated.	1426

(2) The term of the credit, the percentage of the tax credit,	1427
the maximum annual value of tax credits that may be allowed each	1428
year, and the first year for which the credit may be claimed.	1429

(3) A requirement that the taxpayer maintain operations at	1430
the project site for at least the greater of (a) the term of the	1431
credit plus three years, or (b) seven years.	1432

(4)(a) In the case of a credit granted under division (B)(1)	1433
of this section, a requirement that the taxpayer retain at least	1434
five hundred full-time equivalent employees at the project site	1435
and within this state for the entire term of the credit, or a	1436
requirement that the taxpayer maintain an annual payroll of at	1437
least thirty-five million dollars for the entire term of the	1438
credit;	1439

(b) In the case of a credit granted under division (B)(2) of	1440
this section, a requirement that the taxpayer retain at least one	1441
thousand full-time equivalent employees at the project site and	1442
within this state for the entire term of the credit;	1443

(c) In the case of a credit granted under division (B)(3) of	1444
this section, either of the following:	1445

(i) A requirement that the taxpayer retain at least five	1446
hundred full-time equivalent employees at the project site and	1447
within this state for the entire term of the credit and a	1448
requirement that the taxpayer maintain an annual payroll of at	1449
least twenty million dollars for the entire term of the credit;	1450

(ii) A requirement that the taxpayer maintain an annual	1451
payroll of at least thirty-five million dollars for the entire	1452
term of the credit.	1453

(5) A requirement that the taxpayer annually report to the	1454
director of development services employment, tax withholding,	1455
capital investment, and other information the director needs to	1456
perform the director's duties under this section.	1457

(6) A requirement that the director of development services	1458
annually review the annual reports of the taxpayer to verify the	1459
information reported under division (E)(5) of this section and	1460
compliance with the agreement. Upon verification, the director	1461
shall issue a certificate to the taxpayer stating that the	1462
information has been verified and identifying the amount of the	1463
credit for the taxable year or calendar year that includes the tax	1464
period. In determining the number of full-time equivalent	1465
employees, no position shall be counted that is filled by an	1466
employee who is included in the calculation of a tax credit under	1467
section 122.17 of the Revised Code.	1468

(7) A provision providing that the taxpayer may not relocate	1469
a substantial number of employment positions from elsewhere in	1470
this state to the project site unless the director of development	1471
services determines that the taxpayer notified the legislative	1472
authority of the county, township, or municipal corporation from	1473
which the employment positions would be relocated.	1474

For purposes of this section, the movement of an employment	1475
position from one political subdivision to another political	1476
subdivision shall be considered a relocation of an employment	1477
position unless the movement is confined to the project site. The	1478
transfer of an employment position from one political subdivision	1479
to another political subdivision shall not be considered a	1480
relocation of an employment position if the employment position in	1481
the first political subdivision is replaced by another employment	1482
position.	1483

(8) A waiver by the taxpayer of any limitations periods	1484
relating to assessments or adjustments resulting from the	1485
taxpayer's failure to comply with the agreement.	1486

(F) If a taxpayer fails to meet or comply with any condition	1487
or requirement set forth in a tax credit agreement, the tax credit	1488
authority may amend the agreement to reduce the percentage or term	1489
of the credit. The reduction of the percentage or term may take	1490
effect in the current taxable or calendar year.	1491

(G) Financial statements and other information submitted to	1492
the department of development services or the tax credit authority	1493
by an applicant for or recipient of a tax credit under this	1494
section, and any information taken for any purpose from such	1495
statements or information, are not public records subject to	1496
section 149.43 of the Revised Code. However, the chairperson of	1497
the authority may make use of the statements and other information	1498
for purposes of issuing public reports or in connection with court	1499
proceedings concerning tax credit agreements under this section.	1500
Upon the request of the tax commissioner, or the superintendent of	1501
insurance in the case of an insurance company, the chairperson of	1502
the authority shall provide to the commissioner or superintendent	1503
any statement or other information submitted by an applicant for	1504
or recipient of a tax credit in connection with the credit. The	1505
commissioner or superintendent shall preserve the confidentiality	1506
of the statement or other information.	1507

(H) A taxpayer claiming a tax credit under this section shall	1508
submit to the tax commissioner or, in the case of an insurance	1509
company, to the superintendent of insurance, a copy of the	1510
director of ~~development's~~development services' certificate of	1511
verification under division (E)(6) of this section with the	1512
taxpayer's tax report or return for the taxable year or for the	1513
calendar year that includes the tax period. Failure to submit a	1514
copy of the certificate with the report or return does not	1515
invalidate a claim for a credit if the taxpayer submits a copy of	1516
the certificate to the commissioner or superintendent within sixty	1517
days after the commissioner or superintendent requests it.	1518

(I) For the purposes of this section, a taxpayer may include	1519
a partnership, a corporation that has made an election under	1520
subchapter S of chapter one of subtitle A of the Internal Revenue	1521
Code, or any other business entity through which income flows as a	1522
distributive share to its owners. A partnership, S-corporation, or	1523
other such business entity may elect to pass the credit received	1524
under this section through to the persons to whom the income or	1525
profit of the partnership, S-corporation, or other entity is	1526
distributed. The election shall be made on the annual report	1527
required under division (E)(5) of this section. The election	1528
applies to and is irrevocable for the credit for which the report	1529
is submitted. If the election is made, the credit shall be	1530
apportioned among those persons in the same proportions as those	1531
in which the income or profit is distributed.	1532

(J) If the director of development services determines that a	1533
taxpayer that received a tax credit under this section is not	1534
complying with the requirement under division (E)(3) of this	1535
section, the director shall notify the tax credit authority of the	1536
noncompliance. After receiving such a notice, and after giving the	1537
taxpayer an opportunity to explain the noncompliance, the	1538
authority may terminate the agreement and require the taxpayer to	1539
refund to the state all or a portion of the credit claimed in	1540
previous years, as follows:	1541

(1) If the taxpayer maintained operations at the project site	1542
for less than or equal to the term of the credit, an amount not to	1543
exceed one hundred per cent of the sum of any tax credits allowed	1544
and received under this section.	1545

(2) If the taxpayer maintained operations at the project site	1546
longer than the term of the credit, but less than the greater of	1547
(a) the term of the credit plus three years, or (b) seven years,	1548
the amount required to be refunded shall not exceed seventy-five	1549
per cent of the sum of any tax credits allowed and received under	1550
this section.	1551

In determining the portion of the credit to be refunded to	1552
this state, the authority shall consider the effect of market	1553
conditions on the taxpayer's project and whether the taxpayer	1554
continues to maintain other operations in this state. After making	1555
the determination, the authority shall certify the amount to be	1556
refunded to the tax commissioner or the superintendent of	1557
insurance. If the taxpayer is not an insurance company, the	1558
commissioner shall make an assessment for that amount against the	1559
taxpayer under Chapter 5733., 5747., or 5751. of the Revised Code.	1560
If the taxpayer is an insurance company, the superintendent of	1561
insurance shall make an assessment under section 5725.222 or	1562
5729.102 of the Revised Code. The time limitations on assessments	1563
under those chapters and sections do not apply to an assessment	1564
under this division, but the commissioner or superintendent shall	1565
make the assessment within one year after the date the authority	1566
certifies to the commissioner or superintendent the amount to be	1567
refunded.	1568

(K) The director of development services, after consultation	1569
with the tax commissioner and the superintendent of insurance and	1570
in accordance with Chapter 119. of the Revised Code, shall adopt	1571
rules necessary to implement this section. The rules may provide	1572
for recipients of tax credits under this section to be charged	1573
fees to cover administrative costs of the tax credit program. The	1574
fees collected shall be credited to the ~~tax incentive programs~~	1575
~~operating~~business assistance fund created in section 122.174 of	1576
the Revised Code. At the time the director gives public notice	1577
under division (A) of section 119.03 of the Revised Code of the	1578
adoption of the rules, the director shall submit copies of the	1579
proposed rules to the chairpersons of the standing committees on	1580
economic development in the senate and the house of	1581
representatives.	1582

(L) On or before the first day of August of each year, the	1583
director of development services shall submit a report to the	1584
governor, the president of the senate, and the speaker of the	1585
house of representatives on the tax credit program under this	1586
section. The report shall include information on the number of	1587
agreements that were entered into under this section during the	1588
preceding calendar year, a description of the project that is the	1589
subject of each such agreement, and an update on the status of	1590
projects under agreements entered into before the preceding	1591
calendar year.	1592

(M)(1) The aggregate amount of tax credits issued under	1593
division (B)(1) of this section during any calendar year for	1594
capital investment projects reviewed and approved by the tax	1595
credit authority may not exceed the following amounts:	1596

(a) For 2010, thirteen million dollars;

1597

(b) For 2011 through 2023, the amount of the limit for the	1598
preceding calendar year plus thirteen million dollars;	1599

(c) For 2024 and each year thereafter, one hundred	1600
ninety-five million dollars.	1601

(2) The aggregate amount of tax credits authorized under	1602
divisions (B)(2) and (3) of this section and allowed to be claimed	1603
by taxpayers in any calendar year for capital improvement projects	1604
reviewed and approved by the tax credit authority in 2011, 2012,	1605
and 2013 combined shall not exceed twenty-five million dollars. An	1606
amount equal to the aggregate amount of credits first authorized	1607
in calendar year 2011, 2012, and 2013 may be claimed over the	1608
ensuing period up to fifteen years, subject to the terms of	1609
individual tax credit agreements.	1610

The limitations in division (M) of this section do not apply	1611
to credits for capital investment projects approved by the tax	1612
credit authority before July 1, 2009.	1613

Sec. 122.174. There is hereby created in the state treasury	1614
the ~~tax incentive programs operating~~business assistance fund.	1615
~~Money collected~~The fund shall consist of any amounts appropriated	1616
to it and money credited to the fund pursuant to division (I) of	1617
section 121.17, division (K) of section 122.171, division (K) of	1618
section 122.175, division (C) of section 3735.672, and division	1619
(C) of section 5709.68 of the Revised Code ~~shall be credited to~~	1620
~~the fund~~. The director of development services shall use money in	1621
the fund to pay expenses related to the administration of the ~~tax~~	1622
~~credit programs authorized by sections 122.17, 122.171, 3735.672,~~	1623
~~and 5709.68 of the Revised Code~~business services division of the	1624
development services agency.	1625

Sec. 122.175. (A) As used in this section:

1626

(1) "Capital investment project" means a plan of investment	1627
at a project site for the acquisition, construction, renovation,	1628
expansion, replacement, or repair of a computer data center or of	1629
computer data center equipment, but does not include any of the	1630
following:	1631

(a) Project costs paid before a date determined by the tax	1632
credit authority for each capital investment project;	1633

(b) Payments made to a related member as defined in section	1634
5733.042 of the Revised Code or to a consolidated elected taxpayer	1635
or a combined taxpayer as defined in section 5751.01 of the	1636
Revised Code.	1637

(2) "Computer data center" means a facility used or to be	1638
used primarily to house computer data center equipment used or to	1639
be used in conducting a computer data center business, as	1640
determined by the tax credit authority.	1641

(3) "Computer data center business" means, as may be further	1642
determined by the tax credit authority, a business that provides	1643
electronic information services as defined in division (Y)(1)(c)	1644
of section 5739.01 of the Revised Code. "Computer data center	1645
business" does not include providing electronic publishing as	1646
defined in division (LLL) of that section.	1647

(4) "Computer data center equipment" means tangible personal	1648
property used or to be used for any of the following:	1649

(a) To conduct a computer data center business, including	1650
equipment cooling systems to manage the performance of computer	1651
data center equipment;	1652

(b) To generate, transform, transmit, distribute, or manage	1653
electricity necessary to operate the tangible personal property	1654
used or to be used in conducting a computer data center business;	1655

(c) As building and construction materials sold to	1656
construction contractors for incorporation into a computer data	1657
center.	1658

(5) "Eligible computer data center" means a computer data	1659
center that satisfies all of the following requirements:	1660

(a) The taxpayer will make payments for a capital investment	1661
project of at least one hundred million dollars in the aggregate	1662
at the project site during a period of three consecutive calendar	1663
years;	1664

(b) The taxpayer will pay annual compensation that is subject	1665
to the withholding obligation imposed under section 5747.06 of the	1666
Revised Code of at least five million dollars to employees	1667
employed at the project site for the term of the agreement.	1668

(6) "Person" has the same meaning as in section 5701.01 of	1669
the Revised Code.	1670

(7) "Project site," "related member," and "tax credit	1671
authority" have the same meanings as in sections 122.17 and	1672
122.171 of the Revised Code.	1673

(8) "Taxpayer" means any person subject to the taxes imposed	1674
under Chapters 5739. and 5741. of the Revised Code.	1675

(B) The tax credit authority may completely or partially	1676
exempt from the taxes levied under Chapters 5739. and 5741. of the	1677
Revised Code the sale, storage, use, or other consumption of	1678
computer data center equipment used or to be used at an eligible	1679
computer data center. Any such exemption shall extend to charges	1680
for the delivery, installation, or repair of the computer data	1681
center equipment subject to the exemption under this section.	1682

(C) A taxpayer that proposes a capital improvement project	1683
for an eligible computer data center in this state may apply to	1684
the tax credit authority to enter into an agreement under this	1685
section for a complete or partial exemption from the taxes imposed	1686
under Chapters 5739. and 5741. of the Revised Code on computer	1687
data center equipment used or to be used at the eligible computer	1688
data center. The director of development services shall prescribe	1689
the form of the application. After receipt of an application, the	1690
authority shall forward copies of the application to the director	1691
of budget and management, the tax commissioner, and the director	1692
of development services, each of whom shall review the application	1693
to determine the economic impact that the proposed eligible	1694
computer data center would have on the state and any affected	1695
political subdivisions and submit to the authority a summary of	1696
their determinations and recommendations.	1697

(D) Upon review and consideration of such determinations and	1698
recommendations, the tax credit authority may enter into an	1699
agreement with the taxpayer for a complete or partial exemption	1700
from the taxes imposed under Chapters 5739. and 5741. of the	1701
Revised Code on computer data center equipment used or to be used	1702
at an eligible computer data center if the authority determines	1703
all of the following:	1704

(1) The taxpayer's capital investment project for the	1705
eligible computer data center will increase payroll and the amount	1706
of income taxes to be withheld from employee compensation pursuant	1707
to section 5747.06 of the Revised Code.	1708

(2) The taxpayer is economically sound and has the ability to	1709
complete the proposed capital investment project.	1710

(3) The taxpayer intends to and has the ability to maintain	1711
operations at the project site for the term of the agreement.	1712

(4) Receiving the exemption is a major factor in the	1713
taxpayer's decision to begin, continue with, or complete the	1714
capital investment project.	1715

(E) An agreement entered into under this section shall	1716
include all of the following:	1717

(1) A detailed description of the capital investment project	1718
that is the subject of the agreement, including the amount of the	1719
investment, the period over which the investment has been or is	1720
being made, the annual compensation to be paid by the taxpayer to	1721
its employees at the project site, and the anticipated amount of	1722
income taxes to be withheld from employee compensation pursuant to	1723
section 5747.06 of the Revised Code.	1724

(2) The percentage of the exemption from the taxes imposed	1725
under Chapters 5739. and 5741. of the Revised Code for the	1726
computer data center equipment used or to be used at the eligible	1727
computer data center, the length of time the computer data center	1728
equipment will be exempted, and the first date on which the	1729
exemption applies.	1730

(3) A requirement that the taxpayer maintain the computer	1731
data center as an eligible computer data center during the term of	1732
the agreement and that the taxpayer maintain operations at the	1733
eligible computer data center during that term.	1734

(4) A requirement that during each year of the term of the	1735
agreement the taxpayer pay annual compensation that is subject to	1736
the withholding obligation imposed under section 5747.06 of the	1737
Revised Code of at least five million dollars to its employees at	1738
the eligible computer data center.	1739

(5) A requirement that the taxpayer annually report to the	1740
director of development services employment, tax withholding,	1741
capital investment, and other information required by the director	1742
to perform the director's duties under this section.	1743

(6) A requirement that the director of development services	1744
annually review the annual reports of the taxpayer to verify the	1745
information reported under division (E)(5) of this section and	1746
compliance with the agreement. Upon verification, the director	1747
shall issue a certificate to the taxpayer stating that the	1748
information has been verified and that the taxpayer remains	1749
eligible for the exemption specified in the agreement.	1750

(7) A provision providing that the taxpayer may not relocate	1751
a substantial number of employment positions from elsewhere in	1752
this state to the project site unless the director of development	1753
services determines that the taxpayer notified the legislative	1754
authority of the county, township, or municipal corporation from	1755
which the employment positions would be relocated. For purposes of	1756
this paragraph, the movement of an employment position from one	1757
political subdivision to another political subdivision shall be	1758
considered a relocation of an employment position unless the	1759
movement is confined to the project site. The transfer of an	1760
employment position from one political subdivision to another	1761
political subdivision shall not be considered a relocation of an	1762
employment position if the employment position in the first	1763
political subdivision is replaced by another employment position.	1764

(8) A waiver by the taxpayer of any limitations periods	1765
relating to assessments or adjustments resulting from the	1766
taxpayer's failure to comply with the agreement.	1767

(F) The term of an agreement under this section shall be	1768
determined by the tax credit authority, and the amount of the	1769
exemption shall not exceed one hundred per cent of such taxes that	1770
would otherwise be owed in respect to the exempted computer data	1771
center equipment.	1772

(G) If a taxpayer fails to meet or comply with any condition	1773
or requirement set forth in an agreement under this section, the	1774
tax credit authority may amend the agreement to reduce the	1775
percentage of the exemption or term during which the exemption	1776
applies to the computer data center equipment used or to be used	1777
at an eligible computer data center. The reduction of the	1778
percentage or term may take effect in the current calendar year.	1779

(H) Financial statements and other information submitted to	1780
the department of development services or the tax credit authority	1781
by an applicant for or recipient of an exemption under this	1782
section, and any information taken for any purpose from such	1783
statements or information, are not public records subject to	1784
section 149.43 of the Revised Code. However, the chairperson of	1785
the authority may make use of the statements and other information	1786
for purposes of issuing public reports or in connection with court	1787
proceedings concerning tax exemption agreements under this	1788
section. Upon the request of the tax commissioner, the chairperson	1789
of the authority shall provide to the tax commissioner any	1790
statement or other information submitted by an applicant for or	1791
recipient of an exemption under this section. The tax commissioner	1792
shall preserve the confidentiality of the statement or other	1793
information.	1794

(I) The tax commissioner shall issue a direct payment permit	1795
under section 5739.031 of the Revised Code to a taxpayer that	1796
enters into an agreement under this section. Such direct payment	1797
permit shall authorize the taxpayer to pay any sales and use taxes	1798
due on purchases of computer data center equipment used or to be	1799
used in an eligible computer data center and to pay any sales and	1800
use taxes due on purchases of tangible personal property or	1801
taxable services other than computer data center equipment used or	1802
to be used in an eligible computer data center directly to the tax	1803
commissioner. Each taxpayer shall pay pursuant to such direct	1804
payment permit all sales tax levied on such purchases under	1805
sections 5739.02, 5739.021, 5739.023, and 5739.026 of the Revised	1806
Code and all use tax levied on such purchases under sections	1807
5741.02, 5741.021, 5741.022, and 5741.023 of the Revised Code,	1808
consistent with the terms of the agreement entered into under this	1809
section.	1810

During the term of an agreement under this section the	1811
taxpayer shall submit to the tax commissioner a return that shows	1812
the amount of computer data center equipment purchased for use at	1813
the eligible computer data center, the amount of tangible personal	1814
property and taxable services other than computer data center	1815
equipment purchased for use at the eligible computer data center,	1816
the amount of tax under Chapter 5739. or 5741. of the Revised Code	1817
that would be due in the absence of the agreement under this	1818
section, the exemption percentage for computer data center	1819
equipment specified in the agreement, and the amount of tax due	1820
under Chapter 5739. or 5741. of the Revised Code as a result of	1821
the agreement under this section. The taxpayer shall pay the tax	1822
shown on the return to be due in the manner and at the times as	1823
may be further prescribed by the tax commissioner. The taxpayer	1824
shall include a copy of the director of ~~development's~~development	1825
services' certificate of verification issued under division (E)(6)	1826
of this section. Failure to submit a copy of the certificate with	1827
the return does not invalidate the claim for exemption if the	1828
taxpayer submits a copy of the certificate to the tax commissioner	1829
within sixty days after the tax commissioner requests it.	1830

(J) If the director of development services determines that a	1831
taxpayer that received an exemption under this section is not	1832
complying with the requirement under division (E)(3) of this	1833
section, the director shall notify the tax credit authority of the	1834
noncompliance. After receiving such a notice, and after giving the	1835
taxpayer an opportunity to explain the noncompliance, the	1836
authority may terminate the agreement and require the taxpayer to	1837
pay to the state all or a portion of the taxes that would have	1838
been owed in regards to the exempt equipment in previous years,	1839
all as determined under rules adopted pursuant to division (K) of	1840
this section. In determining the portion of the taxes that would	1841
have been owed on the previously exempted equipment to be paid to	1842
this state by the taxpayer, the authority shall consider the	1843
effect of market conditions on the taxpayer's eligible computer	1844
data center and whether the taxpayer continues to maintain other	1845
operations in this state. After making the determination, the	1846
authority shall certify to the tax commissioner the amount to be	1847
paid by the taxpayer. The tax commissioner shall make an	1848
assessment for that amount against the taxpayer under Chapter	1849
5739. or 5741. of the Revised Code. The time limitations on	1850
assessments under those chapters do not apply to an assessment	1851
under this division, but the tax commissioner shall make the	1852
assessment within one year after the date the authority certifies	1853
to the tax commissioner the amount to be paid by the taxpayer.	1854

(K) The director of development services, after consultation	1855
with the tax commissioner and in accordance with Chapter 119. of	1856
the Revised Code, shall adopt rules necessary to implement this	1857
section. The rules may provide for recipients of tax exemptions	1858
under this section to be charged fees to cover administrative	1859
costs incurred in the administration of this section. The fees	1860
collected shall be credited to the ~~tax incentive programs~~	1861
~~operating~~business assistance fund created in section 122.174 of	1862
the Revised Code. At the time the director gives public notice	1863
under division (A) of section 119.03 of the Revised Code of the	1864
adoption of the rules, the director shall submit copies of the	1865
proposed rules to the chairpersons of the standing committees on	1866
economic development in the senate and the house of	1867
representatives.	1868

(L) On or before the first day of August of each year, the	1869
director of development services shall submit a report to the	1870
governor, the president of the senate, and the speaker of the	1871
house of representatives on the tax exemption authorized under	1872
this section. The report shall include information on the number	1873
of agreements that were entered into under this section during the	1874
preceding calendar year, a description of the eligible computer	1875
data center that is the subject of each such agreement, and an	1876
update on the status of eligible computer data centers under	1877
agreements entered into before the preceding calendar year.	1878

Sec. 122.39. As used in sections 122.39 and 122.41 to 122.62	1879
of the Revised Code:	1880

(A) "Financial institution" means any banking corporation,	1881
trust company, insurance company, savings and loan association,	1882
building and loan association, or corporation, partnership,	1883
federal lending agency, foundation, or other institution engaged	1884
in lending or investing funds for industrial or business purposes.	1885

(B) "Project" means any real or personal property connected	1886
with or being a part of an industrial, distribution, commercial,	1887
or research facility to be acquired, constructed, reconstructed,	1888
enlarged, improved, furnished, or equipped, or any combination	1889
thereof, with aid furnished pursuant to Chapter 122. of the	1890
Revised Code, for industrial, commercial, distribution, and	1891
research development of the state.	1892

(C) "Community improvement corporation" means a corporation	1893
organized under Chapter 1724. of the Revised Code.	1894

(D) "Ohio development corporation" means a corporation	1895
organized under Chapter 1726. of the Revised Code.	1896

(E) "Mortgage" means the lien imposed on a project by a	1897
mortgage on real property, or by financing statements on personal	1898
property, or by a combination of a mortgage and financing	1899
statements when a project consists of both real and personal	1900
property.	1901

(F) "Mortgagor" means the principal user of a project or the	1902
person, corporation, partnership, or association unconditionally	1903
guaranteeing performance by such principal user of its obligations	1904
under the mortgage.	1905

Sec. 122.41. ~~(A)~~ The ~~development financing advisory council~~	1906
~~and the~~ director of development ~~are~~services is invested with the	1907
powers and duties provided in Chapter 122. of the Revised Code, in	1908
order to promote the welfare of the people of the state, to	1909
stabilize the economy, to provide employment, to assist in the	1910
development within the state of industrial, commercial,	1911
distribution, and research activities required for the people of	1912
the state, and for their gainful employment, or otherwise to	1913
create or preserve jobs and employment opportunities, or improve	1914
the economic welfare of the people of the state, and also to	1915
assist in the financing of air, water, or thermal pollution	1916
control facilities and solid waste disposal facilities by mortgage	1917
insurance as provided in section 122.451 of the Revised Code. It	1918
is hereby determined that the accomplishment of such purposes is	1919
essential so that the people of the state may maintain their	1920
present high standards in comparison with the people of other	1921
states and so that opportunities for employment and for favorable	1922
markets for the products of the state's natural resources,	1923
agriculture, and manufacturing shall be improved and that it is	1924
necessary for the state to establish the programs authorized	1925
pursuant to Chapter 122. of the Revised Code~~, to establish the~~	1926
~~development financing advisory council,~~ and to invest ~~it and~~ the	1927
director of development services with the powers and duties	1928
provided in Chapter 122. of the Revised Code. The powers granted	1929
to the director ~~of development~~ by Chapter 165. of the Revised Code	1930
are independent of and in addition and alternate to, and are not	1931
limited or restricted by, Chapter 122. of the Revised Code.	1932

~~(B) The development financing advisory council shall:~~

1933

~~(1) Make recommendations to the director of development as to~~	1934
~~applications for assistance pursuant to sections 122.39 to 122.62~~	1935
~~or Chapter 166. of the Revised Code. The council may revise its~~	1936
~~recommendations to reflect any changes in the proposed assistance~~	1937
~~made by the director.~~	1938

~~(2) Advise the director in the administration of sections~~	1939
~~122.39 to 122.62 and Chapter 166. of the Revised Code;~~	1940

~~(3) Adopt bylaws to govern the conduct of the council's~~	1941
~~business.~~	1942

Sec. 122.42. (A) The director of development services shall	1943
do all of the following:	1944

(1) Receive applications for assistance under sections 122.39	1945
and 122.41 to 122.62 of the Revised Code~~, and, after processing,~~	1946
~~forward them to the development financing advisory board together~~	1947
~~with necessary supporting information~~;	1948

(2) ~~Receive the recommendations of the board and make~~Make a	1949
final determination whether to approve the application for	1950
assistance;	1951

(3) Transmit determinations to approve assistance to the	1952
controlling board together with any information the controlling	1953
board requires for the board's review and decision as to whether	1954
to approve the assistance;	1955

(4) Issue revenue bonds of the state through the treasurer of	1956
state, as necessary, payable solely from revenues and other	1957
sources as provided in sections 122.39 and 122.41 to 122.62 of the	1958
Revised Code.	1959

(B) The director may do all of the following:

1960

(1) Fix the rate of interest and charges to be made upon or	1961
with respect to moneys loaned by the director and the terms upon	1962
which mortgages and lease rentals may be guaranteed and the rates	1963
of charges to be made for the loans and guarantees and to make	1964
provisions for the operation of the funds established by the	1965
director in accordance with this section and sections 122.54,	1966
122.55, 122.56, and 122.57 of the Revised Code;	1967

(2) Loan moneys from the fund established in accordance with	1968
section 122.54 of the Revised Code pursuant to and in compliance	1969
with sections 122.39 and 122.41 to 122.62 of the Revised Code;	1970

(3) Acquire in the name of the director any property of any	1971
kind or character in accordance with sections 122.39 and 122.41 to	1972
122.62 of the Revised Code, by purchase, purchase at foreclosure,	1973
or exchange on such terms and in such manner as the director	1974
considers proper;	1975

(4) Make and enter into all contracts and agreements	1976
necessary or incidental to the performance of the director's	1977
duties and the exercise of the director's powers under sections	1978
122.39 and 122.41 to 122.62 of the Revised Code;	1979

(5) Maintain, protect, repair, improve, and insure any	1980
property which the director has acquired and dispose of the same	1981
by sale, exchange, or lease for the consideration and on the terms	1982
and in the manner as the director considers proper, but is not	1983
authorized to operate any such property as a business except as	1984
the lessor of the property;	1985

(6)(a) When the cost of any contract for the maintenance,	1986
protection, repair, or improvement of any property held by the	1987
director other than compensation for personal services involves an	1988
expenditure of more than one thousand dollars, the director shall	1989
make a written contract with the lowest responsive and responsible	1990
bidder in accordance with section 9.312 of the Revised Code after	1991
advertisement for not less than two consecutive weeks in a	1992
newspaper of general circulation in the county where such	1993
contract, or some substantial part of it, is to be performed, and	1994
in such other publications as the director determines, which	1995
notice shall state the general character of the work and the	1996
general character of the materials to be furnished, the place	1997
where plans and specifications may be examined, and the time and	1998
place of receiving bids.	1999

(b) Each bid for a contract for the construction, demolition,	2000
alteration, repair, or reconstruction of an improvement shall	2001
contain the full name of every person interested in it and meet	2002
the requirements of section 153.54 of the Revised Code.	2003

(c) Each bid for a contract, except as provided in division	2004
(B)(6)(b) of this section, shall contain the full name of every	2005
person interested in it and shall be accompanied by bond or	2006
certified check on a solvent bank, in such amount as the director	2007
considers sufficient, that if the bid is accepted a contract will	2008
be entered into and the performance of the proposal secured.	2009

(d) The director may reject any and all bids.

2010

(e) A bond with good and sufficient surety, approved by the	2011
director, shall be required of every contractor awarded a contract	2012
except as provided in division (B)(6)(b) of this section, in an	2013
amount equal to at least fifty per cent of the contract price,	2014
conditioned upon faithful performance of the contract.	2015

(7) Employ financial consultants, appraisers, consulting	2016
engineers, superintendents, managers, construction and accounting	2017
experts, attorneys, and other employees and agents as are	2018
necessary in the director's judgment and fix their compensation;	2019

(8) Assist qualified persons in the coordination and	2020
formation of a small business development company, having a	2021
statewide area of operation, conditional upon the company's	2022
agreeing to seek to obtain certification from the federal small	2023
business administration as a certified statewide development	2024
company and participation in the guaranteed loan program	2025
administered by the small business administration pursuant to the	2026
Act of July 2, 1980, 94 Stat. 837, 15 U.S.C.A. 697. During the	2027
initial period of formation of the statewide small business	2028
development company, the director shall provide technical and	2029
financial expertise, legal and managerial assistance, and other	2030
services as are necessary and proper to enable the company to	2031
obtain and maintain federal certification and participation in the	2032
federal guaranteed loan program. The director may charge a fee, in	2033
such amount and on such terms and conditions as the director	2034
determines necessary and proper, for assistance and services	2035
provided pursuant to division (B)(8) of this section.	2036

Persons chosen by the director to receive assistance in the	2037
formation of a statewide small business development company	2038
pursuant to division (B)(8) of this section shall make a special	2039
effort to use their participation in the federal guaranteed loan	2040
program to assist small businesses which are minority business	2041
enterprises as defined in division (E) of section 122.71 of the	2042
Revised Code. The director, with the assistance of the minority	2043
business development division of the department of development,	2044
shall provide technical and financial expertise, legal and	2045
managerial assistance, and other services in such a manner to	2046
enable the development company to provide assistance to small	2047
businesses which are minority business enterprises, and shall make	2048
available to the development company information pertaining to	2049
assistance available to minority business enterprises under	2050
programs established pursuant to sections 122.71 to 122.83, 122.87	2051
to 122.89, 122.92 to 122.94, 123.151, and 125.081 of the Revised	2052
Code.	2053

(9) Receive and accept grants, gifts, and contributions of	2054
money, property, labor, and other things of value to be held,	2055
used, and applied only for the purpose for which such grants,	2056
gifts, and contributions are made, from individuals, private and	2057
public corporations, from the United States or any agency of the	2058
United States, from the state or any agency of the state, and from	2059
any political subdivision of the state, and may agree to repay any	2060
contribution of money or to return any property contributed or the	2061
value of the property at such times, in such amounts, and on such	2062
terms and conditions, excluding the payment of interest, as the	2063
director determines at the time such contribution is made, and may	2064
evidence such obligations by notes, bonds, or other written	2065
instruments;	2066

(10) Establish with the treasurer of state the funds provided	2067
in sections 122.54, 122.55, 122.56, and 122.57 of the Revised	2068
Code, in addition to such funds as the director determines are	2069
necessary or proper;	2070

(11) Do all acts and things necessary or proper to carry out	2071
the powers expressly granted and the duties imposed in sections	2072
122.39 and 122.41 to 122.62 and Chapter 163. of the Revised Code.	2073

(C) All expenses and obligations incurred by the director in	2074
carrying out the director's powers and in exercising the	2075
director's duties under sections 122.39 and 122.41 to 122.62 of	2076
the Revised Code, shall be payable solely from the proceeds of	2077
revenue bonds issued pursuant to those sections, from revenues or	2078
other receipts or income of the director, from grants, gifts, and	2079
contributions, or funds established in accordance with those	2080
sections. Those sections do not authorize the director to incur	2081
indebtedness or to impose liability on the state or any political	2082
subdivision of the state.	2083

(D) Financial statements and financial data submitted to the	2084
director by any corporation, partnership, or person in connection	2085
with a loan application, or any information taken from such	2086
statements or data for any purpose, shall not be open to public	2087
inspection.	2088

Sec. 122.43. The director of development services, with	2089
controlling board approval, may lend funds which are obtained from	2090
the sale of revenue bonds issued by the treasurer of state	2091
pursuant to sections 122.39 and 122.41 to 122.62 of the Revised	2092
Code, from revenues or other receipts or income of the director,	2093
or funds established in accordance with sections 122.39 and 122.41	2094
to 122.62 of the Revised Code, and from grants, gifts, and	2095
contributions subject to any provisions of resolutions authorizing	2096
the revenue bonds or of trust agreements securing such bonds, to	2097
community improvement corporations and Ohio development	2098
corporations and other corporations, partnerships, and persons for	2099
the purpose of procuring or improving real or personal property,	2100
or both, for the establishment, location, or expansion of	2101
industrial, distribution, commercial, or research facilities in	2102
the state, and to community improvement corporations and Ohio	2103
development corporations for the purpose of loaning funds to other	2104
corporations, partnerships, and persons for the purpose of	2105
procuring or improving real or personal property, or both, for the	2106
establishment, location, or expansion of industrial, distribution,	2107
commercial, or research facilities in the state, if the director	2108
finds that:	2109

(A) The project is economically sound and will benefit the	2110
people of the state by increasing opportunities for employment and	2111
strengthening the economy of the state;	2112

(B) The proposed borrower, if other than a community	2113
improvement corporation or an Ohio development corporation, is	2114
unable to finance the proposed project through ordinary financial	2115
channels upon reasonable terms and at comparable interest rates,	2116
or the borrower, if a community improvement corporation or an Ohio	2117
development corporation, should not, in the opinion of the	2118
director, be required to finance the proposed project without a	2119
loan from the director;	2120

(C) The value of the project is, or upon completion thereof	2121
will be, at least equal to the total amount of the money expended	2122
in such procurement or improvement of which amount one or more	2123
financial institutions have loaned or invested not less than forty	2124
per cent;	2125

(D) The amount to be loaned by the director will not exceed	2126
fifty per cent of the total amount expended in the procurement or	2127
improvement of the project;	2128

(E) The amount to be loaned by the director will be	2129
adequately secured by a first or second mortgage upon the project,	2130
and by mortgages, leases, liens, assignments, or pledges on or of	2131
such other property or contracts as the director shall require and	2132
that such mortgage will not be subordinate to any other liens or	2133
mortgages except the liens securing loans or investments made by	2134
financial institutions referred to in division (C) of this	2135
section, and the liens securing loans previously made by any	2136
financial institution in connection with the procurement or	2137
expansion of all or part of a project.	2138

In no event may the ~~direectorDIRECTOR~~director lend funds	2139
under the authority of this section for the purpose of procuring	2140
or improving motor vehicles, power driven vehicles, office	2141
equipment, raw materials, small tools, supplies, inventories, or	2142
accounts receivable.	2143

Sec. 122.44. Fees, charges, rates of interest, times of	2144
payment of interest and principal, and other terms, conditions,	2145
and provisions of the loans made by the director of development	2146
services pursuant to sections 122.39 and 122.41 to 122.62 of the	2147
Revised Code shall be such as the director determines to be	2148
appropriate and in furtherance of the purpose for which the loans	2149
are made, but the mortgage lien securing any money loaned by the	2150
director may be subordinate to the mortgage lien securing any	2151
money loaned or invested by a financial institution, but shall be	2152
superior to that securing any money loaned or expended by any	2153
other corporation or person. The funds used in making such loans	2154
shall be disbursed upon order of the director.	2155

Sec. 122.48. Each issue of revenue bonds issued by the	2156
treasurer of state pursuant to sections 122.39 and 122.41 to	2157
122.62 of the Revised Code, shall be dated, shall bear interest at	2158
a rate or rates or at a variable rate, as provided in or	2159
authorized by the proceedings authorizing or providing for the	2160
terms and conditions of the revenue bonds, shall mature at such	2161
time or times, not to exceed forty years from date, as determined	2162
by the director of development services and may be made redeemable	2163
before maturity at the option of the director at such price or	2164
prices and under such terms and conditions as are fixed by the	2165
director prior to the issuance of the bonds. The director shall	2166
determine the form of the bonds, including any interest coupons to	2167
be attached thereto, and the denomination or denominations of the	2168
bonds and the place or places of payment of principal and	2169
interest, which may be at any bank or trust company within or	2170
without the state.	2171

The bonds shall be executed by the signature or facsimile	2172
signature of the treasurer of state, the official seal or a	2173
facsimile thereof of the state shall be affixed thereto and	2174
attested by the treasurer of state or designated treasurer of	2175
state, and any coupons attached thereto shall bear the facsimile	2176
signature of the treasurer of state. In case the person whose	2177
signature, or a facsimile of whose signature, appears on any bonds	2178
or coupons ceases to be such officer before delivery of bonds or	2179
in case such person was not at the date of such bonds or coupons	2180
such officer but at the actual date of execution of such bonds or	2181
coupons was the proper officer, such signature or facsimile shall	2182
nevertheless be valid and sufficient for all purposes the same as	2183
if hethe person had remained in office until such delivery.	2184

All revenue bonds issued under sections 122.39 and 122.41 to	2185
122.62 of the Revised Code, shall be negotiable instruments. The	2186
bonds may be issued in coupon or in registered form or both, as	2187
the treasurer determines. Provision may be made for the	2188
registration of any coupon bonds as to the principal alone and	2189
also as to both principal and interest, and for the reconversion	2190
into coupon bonds of any bonds registered as to both principal and	2191
interest. The treasurer of state may sell such bonds in the manner	2192
and for the price hethe treasurer of state determines to be for	2193
the best interest of the state.	2194

Prior to the preparation of definitive bonds, the treasurer	2195
of state may, under like restrictions, issue interim receipts or	2196
temporary bonds, with or without coupons, exchangeable for	2197
definitive bonds when such bonds have been executed and are	2198
available for delivery. The treasurer of state may also provide	2199
for the replacement of any bonds which become mutilated or are	2200
destroyed, stolen, or lost. Bonds may be issued under sections	2201
122.39 to 122.62 of the Revised Code, without obtaining the	2202
consent of any department, division, commission, board, bureau, or	2203
agency of the state, and without any other proceeding or the	2204
happening of any other conditions or things than those	2205
proceedings, conditions, or things which are specifically required	2206
by such sections.	2207

Sec. 122.49. The proceeds of each issue of revenue bonds	2208
issued pursuant to sections 122.39 and 122.41 to 122.62 of the	2209
Revised Code shall be used for the making of loans authorized in	2210
sections 122.43 and 122.45 of the Revised Code, for the purchase	2211
and improvement of property authorized in section 122.46 of the	2212
Revised Code, for insuring mortgage payments authorized in section	2213
122.451 of the Revised Code, and for the crediting into and among	2214
the funds established in accordance with sections 122.35, 122.54,	2215
122.55, 122.56, 122.561, and 122.57 of the Revised Code, but	2216
subject to such conditions, limitations, and covenants with the	2217
purchasers and holders of the bonds as shall be provided for in	2218
the bond authorization proceedings and in the trust agreement	2219
securing the same.	2220

Provision shall be made by the director of development	2221
services for the payment of the expenses of the director in	2222
operating the assistance programs authorized under this chapter in	2223
such manner and to such extent as shall be determined by the	2224
director.	2225

Sec. 122.50. Revenue bonds issued under sections 122.39 and	2226
122.41 to 122.62, inclusive, of the Revised Code, do not	2227
constitute a debt, or a pledge of the faith and credit, of the	2228
state or of any political subdivision thereof, but such bonds	2229
shall be payable solely from the funds pledged for their payment	2230
as authorized by such sections, or by funds derived from the	2231
issuance of refunding bonds as authorized in section 122.52 of the	2232
Revised Code, which refunding bonds shall be payable solely from	2233
funds pledged for their payment as authorized by such section. All	2234
such revenue bonds shall contain on the face thereof a statement	2235
to the effect that the bonds, as to both principal and interest,	2236
are not an obligation of the state or of any political subdivision	2237
thereof, but are payable solely from revenues pledged for their	2238
payment.	2239

Sec. 122.51. All revenue bonds issued under sections 122.39	2240
and 122.41 to 122.62, inclusive, of the Revised Code, are lawful	2241
investments of banks, building and loan and savings and loan	2242
associations, deposit guarantee associations, trust companies,	2243
trustees, fiduciaries, trustees or other officers having charge of	2244
sinking or bond retirement funds of municipal corporations and	2245
other subdivisions of this state, and of domestic insurance	2246
companies notwithstanding sections 3907.14 and 3925.08 of the	2247
Revised Code, and are acceptable as security for the deposit of	2248
public moneys.	2249

Sec. 122.52. The director of development services may	2250
provide for the issuance of revenue refunding bonds of the state	2251
by the treasurer of state, payable solely from the sinking funds	2252
established in accordance with section 122.51 of the Revised Code	2253
at the times and in the order and manner provided by the director	2254
and in any trust agreement securing such bonds and shall also be	2255
secured by moneys in the other funds established pursuant to	2256
sections 122.39 and 122.41 to 122.62 of the Revised Code to the	2257
extent and on the terms specified by the director, for the purpose	2258
of refunding any revenue bonds then outstanding which have been	2259
issued under sections 122.39 and 122.41 to 122.62 of the Revised	2260
Code, including the payment of any redemption premium thereon and	2261
any interest accrued or to accrue to the date of redemption of	2262
such bonds. The issuance of such bonds, the maturities and other	2263
details thereof, the rights of the holders thereof, and the	2264
rights, duties, and obligations of the director and treasurer of	2265
state in respect to such bonds shall be governed by such sections	2266
insofar as they are applicable.	2267

Sec. 122.53. In the discretion of the treasurer of state,	2268
any bonds issued under sections 122.39 and 122.41 to 122.62 of the	2269
Revised Code, may be secured by a trust agreement between the	2270
treasurer of state and a corporate trustee, which trustee may be	2271
any trust company or bank having the powers of a trust company	2272
within or without the state.	2273

Any such trust agreement may pledge or assign payments of	2274
principal of and interest on loans, charges, fees, and other	2275
revenue to be received by the director of development services,	2276
all rentals received under leases made by the director, and all	2277
proceeds of the sale or other disposition of property held by the	2278
director, and may provide for the holding in trust by the trustee	2279
to the extent provided for in the proceedings authorizing such	2280
bonds, of all such moneys and moneys otherwise payable into the	2281
mortgage guarantee fund created by section 122.56 of the Revised	2282
Code, and all moneys otherwise payable into the mortgage insurance	2283
fund created by section 122.561 of the Revised Code, and of moneys	2284
payable into the sinking fund or funds referred to in section	2285
122.57 of the Revised Code, but shall not convey or mortgage any	2286
of the real or personal property held by the director or any part	2287
thereof. Any such trust agreement, or any proceedings providing	2288
for the issuance of such bonds, may contain such provisions for	2289
protecting and enforcing the rights and remedies of the	2290
bondholders as are reasonable and proper and not in violation of	2291
law, including covenants setting forth the duties of the director	2292
in relation to the acquisition of property, and the construction,	2293
improvement, maintenance, repair, operation, and insurance of	2294
facilities, the making of loans and leases and the terms and	2295
provisions thereof, and the custody, safeguarding, investment, and	2296
application of all moneys, and provisions for the employment of	2297
consulting engineers or other consultants in connection with the	2298
making of loans and leases and the construction or operation of	2299
any facility. Any bank or trust company incorporated under the	2300
laws of this state which may act as trustee or as depository of	2301
the proceeds of bonds or of revenue may furnish such indemnifying	2302
bonds or may pledge such securities as are required by the	2303
treasurer of state. Any such trust agreement may set forth the	2304
rights and remedies of the bondholders and of the trustee, and may	2305
restrict the individual right of action by bondholders as is	2306
customary in trust agreements or trust indentures securing bonds	2307
or debentures of corporations. Such trust agreement may contain	2308
such other provisions as the treasurer of state deems reasonable	2309
and proper for the security of the bondholders. All expenses	2310
incurred by the treasurer of state in carrying out the provisions	2311
of any such trust agreement shall be treated as a part of the cost	2312
of the operation of the assistance programs authorized pursuant to	2313
Chapter 122. of the Revised Code. Any such trust agreement may	2314
provide the method whereby general administrative overhead expense	2315
of the director with respect to those assistance programs shall be	2316
allocated among the funds established pursuant to Chapter 122. of	2317
the Revised Code with respect to the operating expenses of the	2318
director payable out of the income of the assistance programs.	2319

Sec. 122.561. The mortgage insurance fund of the director of	2320
development services is hereby created to consist of all money	2321
allocated by the director from the proceeds of the sale of any	2322
issue of revenue bonds, to the extent and subject to the	2323
conditions provided in the proceedings authorizing such bonds or	2324
in the trust agreements securing such bonds, for the purpose of	2325
insuring mortgage payments pursuant to section 122.451 of the	2326
Revised Code, all grants and contributions made to the director	2327
for such purpose, all moneys deposited or credited to the mortgage	2328
insurance fund pursuant to section 169.05 of the Revised Code, all	2329
other moneys and property designated by the director and by law	2330
for such purpose, all mortgage insurance premiums charged and	2331
collected as provided in this section, and all receipts and	2332
proceeds from the sale, disposal, lease, or rental of real or	2333
personal property which the director may hold as a result of a	2334
default in an insured mortgage. The director shall fix mortgage	2335
insurance premiums for the insurance of mortgage payments pursuant	2336
to section 122.451 of the Revised Code, to be computed as a	2337
percentage of the principal obligation of the mortgage outstanding	2338
at the beginning of each mortgage year. Such insurance premiums	2339
shall not be more than three per cent per annum of the outstanding	2340
principal obligation, and shall be calculated on the basis of all	2341
pertinent available data. Such premiums shall be payable by the	2342
mortgagors or the mortgagees in such manner as is prescribed by	2343
the director. The amount of premium need not be uniform among the	2344
various mortgages insured. The director may provide for the	2345
custody, investment, and use of the unclaimed funds trust fund	2346
created by section 169.05 of the Revised Code and all mortgage	2347
insurance premiums, including the payment therefrom of the	2348
expenses and costs of the director in insuring mortgage payments	2349
pursuant to section 122.451 of the Revised Code. Any financial	2350
statements or financial data submitted to the director~~, the~~	2351
~~development financing advisory council,~~ or the controlling board	2352
in connection with any application for the insurance of mortgage	2353
payments, or any information taken from such statements or data,	2354
is not open to public inspection.	2355

Sec. 122.57. All payments of principal of and interest on	2356
the loans made by the director of development services, all	2357
rentals received under leases made by ~~him~~the director, and all	2358
proceeds of the sale or other disposition of property held by ~~him~~	2359
the director shall be placed in separate sinking funds to the	2360
extent provided in the proceedings authorizing revenue bonds which	2361
are hereby pledged to and charged with the payment of interest on,	2362
principal of and redemption premium on, the revenue bonds issued	2363
pursuant to sections 122.39 and 122.41 to 122.62 of the Revised	2364
Code to the extent provided in the proceedings authorizing and the	2365
trust agreements securing such bonds. The moneys therein in excess	2366
of the amounts required by the bond proceedings and trust	2367
agreements and all payments not so required to be paid into such	2368
sinking funds shall be retained or placed in such fund or in the	2369
other funds provided for by sections 122.35, 122.54, 122.42,	2370
122.55, 122.56, 122.561, and 122.57 of the Revised Code as the	2371
director shall determine, and shall be available for the uses for	2372
which such funds are established.	2373

Sec. 122.60. As used in sections 122.60 to 122.605 of the	2374
Revised Code:	2375

(A) "Capital access loan" means a loan made by a	2376
participating financial institution to an eligible business that	2377
may be secured by a deposit of money from the fund into the	2378
participating financial institution's program reserve account.	2379

(B) "Department of development" means the ~~department of~~	2380
development services agency.	2381

(C) "Eligible business" means a for-profit business entity,	2382
or a nonprofit entity, that had total annual sales in its most	2383
recently completed fiscal year of less than ten million dollars	2384
and that has a principal place of for-profit business or nonprofit	2385
entity activity within the state, the operation of which, alone or	2386
in conjunction with other facilities, will create new jobs or	2387
preserve existing jobs and employment opportunities and will	2388
improve the economic welfare of the people of the state. As used	2389
in this division, "new jobs" does not include existing jobs	2390
transferred from another facility within the state, and "existing	2391
jobs" means only existing jobs at facilities within the same	2392
municipal corporation or township in which the project, activity,	2393
or enterprise that is the subject of a capital access loan is	2394
located.	2395

(D) "Financial institution" means any bank, trust company,	2396
savings bank, or savings and loan association that is chartered by	2397
and has a significant presence in the state, or any national bank,	2398
federal savings and loan association, or federal savings bank that	2399
has a significant presence in the state.	2400

(E) "Fund" means the capital access loan program fund.

2401

(F) "Minority business supplier development council" has the	2402
same meaning as in section 122.71 of the Revised Code.	2403

(G) "Participating financial institution" means a financial	2404
institution that has a valid, current participation agreement with	2405
the ~~department~~development services agency.	2406

~~(G)~~(H) "Participation agreement" means the agreement between	2407
a financial institution and the ~~department~~agency under which a	2408
financial institution may participate in the program.	2409

~~(H)~~(I) "Passive real estate ownership" means the ownership of	2410
real estate for the sole purpose of deriving income from it by	2411
speculation, trade, or rental.	2412

~~(I)~~(J) "Program" means the capital access loan program	2413
created under section 122.602 of the Revised Code.	2414

~~(J)~~(K) "Program reserve account" means a dedicated account at	2415
each participating financial institution that is the property of	2416
the state and may be used by the participating financial	2417
institution only for the purpose of recovering a claim under	2418
section 122.604 of the Revised Code arising from a default on a	2419
loan made by the participating financial institution under the	2420
program.	2421

Sec. 122.601. There is hereby created in the state treasury	2422
the capital access loan program fund. The fund shall consist of	2423
money deposited into it from the minority business enterprise loan	2424
fund pursuant to section 122.80 of the Revised Code and the	2425
facilities establishment fund pursuant to section 166.03 of the	2426
Revised Code and all money deposited into it pursuant to section	2427
122.602 of the Revised Code. The total amount of money deposited	2428
into the fund from the minority business enterprise loan fund or	2429
the facilities establishment fund shall not exceed three million	2430
dollars during any particular fiscal year of the ~~department~~	2431
development services agency.	2432

The ~~department~~agency shall disburse money from the fund only	2433
to pay the operating costs of the program, including the	2434
administrative costs incurred by the ~~department~~agency in	2435
connection with the program, and only in keeping with the purposes	2436
specified in sections 122.60 to 122.605 of the Revised Code.	2437

Sec. 122.602. (A) There is hereby created in the department	2438
of development the capital access loan program to assist	2439
participating financial institutions in making program loans to	2440
eligible businesses that face barriers in accessing working	2441
capital and obtaining fixed asset financing. In administering the	2442
program, the director of development may do any of the following:	2443

(1) Receive and accept grants, gifts, and contributions of	2444
money, property, labor, and other things of value to be held,	2445
used, and applied only for the purpose for which the grants,	2446
gifts, and contributions are made, from individuals, private and	2447
public corporations, the United States or any agency of the United	2448
States, the state or any agency of the state, or any political	2449
subdivision of the state;	2450

(2) Agree to repay any contribution of money or return any	2451
property contributed or the value of that property at the times,	2452
in the amounts, and on the terms and conditions, excluding the	2453
payment of interest, that the director consents to at the time a	2454
contribution is made; and evidence obligations by notes, bonds, or	2455
other written instruments;	2456

(3) Adopt rules under Chapter 119. of the Revised Code to	2457
carry out the purposes of the program specified in sections 122.60	2458
to 122.605 of the Revised Code;	2459

(4) Engage in all other acts, and enter into contracts and	2460
execute all instruments, necessary or appropriate to carry out the	2461
purposes specified in sections 122.60 to 122.605 of the Revised	2462
Code.	2463

(B) The director shall determine the eligibility of a	2464
financial institution to participate in the program and may set a	2465
limit on the number of financial institutions that may participate	2466
in the program.	2467

(C) To be considered eligible by the director to participate	2468
in the program, a financial institution shall enter into a	2469
participation agreement with the department that sets out the	2470
terms and conditions under which the department will deposit	2471
moneys from the fund into the financial institution's program	2472
reserve account, specifies the criteria for loan qualification	2473
under the program, and contains any additional terms the director	2474
considers necessary.	2475

(D) After receiving the certification required under division	2476
(C) of section 122.603 of the Revised Code, the director may	2477
disburse moneys from the fund to a participating financial	2478
institution for deposit in its program reserve account if the	2479
director determines that the capital access loan involved meets	2480
all of the following criteria:	2481

(1) It will be made to an eligible business.

2482

(2) It will be used by the eligible business for a project,	2483
activity, or enterprise that fosters economic development.	2484

(3) It will not be made in order to enroll in the program	2485
prior debt that is not covered under the program and that is owed	2486
or was previously owed by an eligible business to the financial	2487
institution.	2488

(4) It will not be utilized for a project or development	2489
related to the on-site construction or purchase of residential	2490
housing.	2491

(5) It will not be used to finance passive real estate	2492
ownership.	2493

(6) It conforms to the requirements of divisions (E), (F),	2494
(G), (H), and (I) of this section, and to the rules adopted by the	2495
director under division (A)(3) of this section.	2496

(E) The director shall not approve a deposit amount from the	2497
fund for a capital access loan to an eligible business that	2498
exceeds two hundred fifty thousand dollars for working capital or	2499
five hundred thousand dollars for the purchase of fixed assets. An	2500
eligible business may apply for the maximum deposit amount offor	2501
both working capital and the purchase of fixed assets in the same	2502
capital access loan enrollment.	2503

(F) A financial institution may apply to the director for the	2504
approval of a capital access loan to any business that is owned or	2505
operated by a person that has previously defaulted under any state	2506
financial assistance program.	2507

(G) Eligible businesses that apply for a capital access loan	2508
shall comply with section 9.66 of the Revised Code.	2509

(H) A financial institution may apply to the director for the	2510
approval of a capital access loan that refinances a nonprogram	2511
loan made by another financial institution.	2512

(I) The director shall not approve a capital access loan that	2513
refinances a nonprogram loan made by the same financial	2514
institution, unless the amount of the refinanced loan exceeds the	2515
existing debt, in which case only the amount exceeding the	2516
existing debt is eligible for a loan under the program.	2517

Sec. 122.603. (A)(1) Upon approval by the director of	2518
development services and after entering into a participation	2519
agreement with the ~~department of~~ development services agency, a	2520
participating financial institution making a capital access loan	2521
shall establish a program reserve account. The account shall be an	2522
interest-bearing account and shall contain only moneys deposited	2523
into it under the program and the interest payable on the moneys	2524
in the account.	2525

(2) All interest payable on the moneys in the program reserve	2526
account shall be added to the moneys and held as an additional	2527
loss reserve. The director may require that a portion or all of	2528
the accrued interest so held in the account be released to the	2529
~~department~~agency. If the director causes a release of accrued	2530
interest, the director shall deposit the released amount into the	2531
capital access loan program fund created in section 122.601 of the	2532
Revised Code. The director shall not require the release of that	2533
accrued interest more than twice in a fiscal year.	2534

(B) When a participating financial institution makes a	2535
capital access loan, it shall require the eligible business to pay	2536
to the participating financial institution a fee in an amount that	2537
is not less than one and one-half per cent, and not more than	2538
three per cent, of the principal amount of the loan. The	2539
participating financial institution shall deposit the fee into its	2540
program reserve account, and it also shall deposit into the	2541
account an amount of its own funds equal to the amount of the fee.	2542
The participating financial institution may recover from the	2543
eligible business all or part of the amount that the participating	2544
financial institution is required to deposit into the account	2545
under this division in any manner agreed to by the participating	2546
financial institution and the eligible business.	2547

(C) For each capital access loan made by a participating	2548
financial institution, the participating financial institution	2549
shall certify to the director, within a period specified by the	2550
director, that the participating financial institution has made	2551
the loan. The certification shall include the amount of the loan,	2552
the amount of the fee received from the eligible business, the	2553
amount of its own funds that the participating financial	2554
institution deposited into its program reserve account to reflect	2555
that fee, and any other information specified by the director. The	2556
certification also shall indicate if the eligible business	2557
receiving the capital access loan is a minority business	2558
enterprise as defined in section 122.71 of the Revised Code or	2559
certified by the minority business supplier development council.	2560

(D)(1)(a) Upon receipt of each of the first three	2561
certifications from a participating financial institution made	2562
under division (C) of this section and subject to section 122.602	2563
of the Revised Code, the director shall disburse to the	2564
participating financial institution from the capital access loan	2565
program fund an amount ~~equal~~not to exceed fifty per cent of the	2566
principal amount of the particular capital access loan for deposit	2567
into the participating financial institution's program reserve	2568
account. Thereafter, upon receipt of a certification from that	2569
participating financial institution made under division (C) of	2570
this section and subject to section 122.602 of the Revised Code,	2571
the director shall disburse to the participating financial	2572
institution from the capital access loan program fund an amount	2573
equal to ten per cent of the principal amount of the particular	2574
capital access loan for deposit into the participating financial	2575
institution's program reserve account.	2576

(b) Notwithstanding division (D)(1)(a) of this section, and	2577
subject to section 122.602 of the Revised Code, upon receipt of	2578
any certification from a participating financial institution made	2579
under division (C) of this section with respect to a capital	2580
access loan made to an eligible business that is a minority	2581
business enterprise, the director shall disburse to the	2582
participating financial institution from the capital access loan	2583
program fund an amount ~~equal~~not to exceed eighty per cent of the	2584
principal amount of the particular capital access loan for deposit	2585
into the participating financial institution's program reserve	2586
account.	2587

(2) The disbursement of moneys from the fund to a	2588
participating financial institution does not require approval from	2589
the controlling board.	2590

(E) If the amount in a program reserve account exceeds an	2591
amount equal to thirty-three per cent of a participating financial	2592
institution's outstanding capital access loans, the ~~department~~	2593
agency may cause the withdrawal of the excess amount and the	2594
deposit of the withdrawn amount into the capital access loan	2595
program fund.	2596

(F)(1) The ~~department~~agency may cause the withdrawal of the	2597
total amount in a participating financial institution's program	2598
reserve account if any of the following applies:	2599

(a) The financial institution is no longer eligible to	2600
participate in the program.	2601

(b) The participation agreement expires without renewal by	2602
the ~~department~~agency or the financial institution.	2603

(c) The financial institution has no outstanding capital	2604
access loans.	2605

(d) The financial institution has not made a capital access	2606
loan within the preceding twenty-four months.	2607

(2) If the ~~department~~agency causes a withdrawal under	2608
division (F)(1) of this section, the ~~department~~agency shall	2609
deposit the withdrawn amount into the capital access loan program	2610
fund.	2611

Sec. 122.61. The exercise of the powers granted by sections	2612
122.39 and 122.41 to 122.62 of the Revised Code, will be in all	2613
respects for the benefit of the people of the state, for the	2614
increase of their commerce and prosperity, and for the improvement	2615
of conditions of employment, and will constitute the performance	2616
of essential governmental functions; therefore the director of	2617
development services shall not be required to pay any taxes upon	2618
any of property or assets held by ~~him~~the director, or upon any	2619
property acquired or used by ~~him~~the director under sections	2620
122.39 and 122.41 to 122.62 of the Revised Code, or upon the	2621
income therefrom, provided, such exemption shall not apply to any	2622
property held by the director while it is in the possession of a	2623
private person, partnership, or corporation and used for private	2624
purposes for profit. The bonds, notes, or other obligations issued	2625
under such sections, their transfer, and the income therefrom,	2626
including any profit made on the sale thereof, shall at all times	2627
be free from taxation within the state.	2628

Sec. 122.62. All moneys received under sections 122.39 and	2629
122.41 to 122.62 of the Revised Code as proceeds from the sale of	2630
bonds are trust funds. All moneys received under those sections	2631
shall be held and applied solely as provided in such sections and	2632
section 166.03 of the Revised Code. All such moneys, except as	2633
otherwise provided in any proceedings authorizing revenue bonds or	2634
in any trust agreement securing such bonds or except when	2635
deposited with the treasurer of state, or except as they may be	2636
invested pursuant to section 122.58 of the Revised Code, shall be	2637
kept in depositories as selected by the director of development	2638
services in the manner provided in sections 135.01 to 135.21 of	2639
the Revised Code, insofar as such sections are applicable, and the	2640
deposits shall be secured as provided in sections 135.01 to 135.21	2641
of the Revised Code. The proceedings authorizing the issuance of	2642
bonds of any issue or the trust agreement securing such bonds	2643
shall provide that any official to whom, or any bank or trust	2644
company to which, such moneys are paid, shall act as trustee of	2645
such moneys and hold and apply them for the purposes of sections	2646
122.39 and 122.41 to 122.62 of the Revised Code, subject to such	2647
rules as such sections and such bond issuance proceedings or trust	2648
agreement provide.	2649

Sec. 122.64. (A) There is hereby established in the	2650
~~department of~~ development services agency a business services	2651
division ~~of economic development~~. The division shall be supervised	2652
by a deputy director appointed by the director of development	2653
services.	2654

The division is responsible for the administration of the	2655
state economic development financing programs established pursuant	2656
to sections 122.17 and 122.18, sections 122.39 and 122.41 to	2657
122.62, and Chapter 166. of the Revised Code ~~and for coordinating~~	2658
~~the activities of the development financing advisory council so as~~	2659
~~to ensure the efficient administration of the programs~~.	2660

(B) The director of development services shall:

2661

(1) ~~Appoint an individual to serve as director of the~~	2662
~~development financing advisory council;~~	2663

~~(2)~~ Receive applications for assistance pursuant to sections	2664
122.39 and 122.41 to 122.62 and Chapter 166. of the Revised Code.	2665
The director shall process the applications ~~and, except as~~	2666
~~provided in division (C)(2) of section 166.05 of the Revised Code,~~	2667
~~forward them to the development financing advisory council. As~~	2668
~~appropriate, the director shall receive the recommendations of the~~	2669
~~council as to applications for assistance~~.	2670

~~(3)~~(2) With the approval of the director of administrative	2671
services, establish salary schedules for employees of the various	2672
positions of employment with the division and assign the various	2673
positions to those salary schedules;	2674

~~(4) Furnish and pay for, out of funds appropriated to the~~	2675
~~department of development for that purpose, office space and~~	2676
~~associated utilities service, for the development financing~~	2677
~~advisory council;~~	2678

~~(5)~~(3) Employ and fix the compensation of financial	2679
consultants, appraisers, consulting engineers, superintendents,	2680
managers, construction and accounting experts, attorneys, and	2681
other agents for the assistance programs authorized pursuant to	2682
sections 122.17 and 122.18, sections 122.39 and 122.41 to 122.62,	2683
and Chapter 166. of the Revised Code as are necessary;	2684

~~(6)~~(4) Supervise the administrative operations of the	2685
division;	2686

~~(7)~~(5) On or before the first day of October in each year,	2687
make an annual report of the activities and operations under	2688
assistance programs authorized pursuant to sections 122.39 and	2689
122.41 to 122.62 and Chapter 166. of the Revised Code for the	2690
preceding fiscal year to the governor and the general assembly.	2691
Each such report shall set forth a complete operating and	2692
financial statement covering such activities and operations during	2693
the year in accordance with generally accepted accounting	2694
principles and shall be audited by a certified public accountant.	2695
The director of development services shall transmit a copy of the	2696
audited financial report to the office of budget and management.	2697

Sec. 122.76. (A) The director of development services, with	2698
controlling board approval, may lend funds to minority business	2699
enterprises and to community improvement corporations, Ohio	2700
development corporations, minority contractors business assistance	2701
organizations, and minority business supplier development councils	2702
for the purpose of loaning funds to minority business enterprises	2703
and for the purpose of procuring or improving real or personal	2704
property, or both, for the establishment, location, or expansion	2705
of industrial, distribution, commercial, or research facilities in	2706
the state, and to community development corporations that	2707
predominantly benefit minority business enterprises or are located	2708
in a census tract that has a population that is sixty per cent or	2709
more minority if the director determines, in the director's sole	2710
discretion, that all of the following apply:	2711

(1) The project is economically sound and will benefit the	2712
people of the state by increasing opportunities for employment, by	2713
strengthening the economy of the state, or expanding minority	2714
business enterprises.	2715

(2) The proposed minority business enterprise borrower is	2716
unable to finance the proposed project through ordinary financial	2717
channels at comparable terms.	2718

(3) The value of the project is or, upon completion, will be	2719
at least equal to the total amount of the money expended in the	2720
procurement or improvement of the project.	2721

(4) The amount to be loaned by the director will not exceed	2722
~~sixty~~seventy-five per cent of the total amount expended in the	2723
procurement or improvement of the project.	2724

(5) The amount to be loaned by the director will be	2725
adequately secured by a first or second mortgage upon the project	2726
or by mortgages, leases, liens, assignments, or pledges on or of	2727
other property or contracts as the director requires, and such	2728
mortgage will not be subordinate to any other liens or mortgages	2729
except the liens securing loans or investments made by financial	2730
institutions referred to in division (A)(3) of this section, and	2731
the liens securing loans previously made by any financial	2732
institution in connection with the procurement or expansion of all	2733
or part of a project.	2734

(B) Any proposed minority business enterprise borrower	2735
submitting an application for assistance under this section shall	2736
not have defaulted on a previous loan from the director, and no	2737
full or limited partner, major shareholder, or holder of an equity	2738
interest of the proposed minority business enterprise borrower	2739
shall have defaulted on a loan from the director.	2740

(C) The proposed minority business enterprise borrower shall	2741
demonstrate to the satisfaction of the director that it is able to	2742
successfully compete in the private sector if it obtains the	2743
necessary financial, technical, or managerial support and that	2744
support is available through the director, the minority business	2745
development office of the department of development, or other	2746
identified and acceptable sources. In determining whether a	2747
minority business enterprise borrower will be able to successfully	2748
compete, the director may give consideration to such factors as	2749
the successful completion of or participation in courses of study,	2750
recognized by the board of regents as providing financial,	2751
technical, or managerial skills related to the operation of the	2752
business, by the economically disadvantaged individual, owner, or	2753
partner, and the prior success of the individual, owner, or	2754
partner in personal, career, or business activities, as well as to	2755
other factors identified by the director.	2756

(D) The director shall not lend funds for the purpose of	2757
procuring or improving motor vehicles or accounts receivable.	2758

Sec. 122.80. There is hereby created in the state treasury	2759
the minority business enterprise loan fund. The fund shall consist	2760
of money deposited into the fund from the facilities establishment	2761
fund pursuant to section 166.03 of the Revised Code and all money	2762
deposited into the fund pursuant to section 122.81 of the Revised	2763
Code. The director of development shall use the fund to pay	2764
operating costs of the minority development financing advisory	2765
board, make loans to minority business enterprises as authorized	2766
in division (A) of section 122.76 of the Revised Code ~~and~~, loan	2767
guarantees to small businesses as authorized in division (A) of	2768
section 122.77 of the Revised Code, and for transfer to the	2769
capital access loan program fund established in section 122.601 of	2770
the Revised Code.	2771

Sec. 122.86. (A) As used in this section and section 5747.81	2772
of the Revised Code:	2773

(1) "Small business enterprise" means a corporation,	2774
pass-through entity, or other person satisfying all of the	2775
following:	2776

(a) At the time of a qualifying investment, the enterprise	2777
meets all of the following requirements:	2778

(i) Has no outstanding tax or other liabilities owed to the	2779
state;	2780

(ii) Is in good standing with the secretary of state, if the	2781
enterprise is required to be registered with the secretary;	2782

(iii) Is current with any court-ordered payments;

2783

(iv) Is not engaged in any illegal activity.

2784

(b) At the time of a qualifying investment, the enterprise's	2785
assets according to generally accepted accounting principles do	2786
not exceed fifty million dollars, or its annual sales do not	2787
exceed ten million dollars;. When making this determination, the	2788
assets and annual sales of all of the enterprise's related or	2789
affiliated entities shall be included in the calculation.	2790

~~(b)~~(c) The enterprise employs at least fifty full-time	2791
equivalent employees in this state for whom the enterprise is	2792
required to withhold income tax under section 5747.06 of the	2793
Revised Code, or more than one-half the enterprise's total number	2794
of full-time equivalent employees employed anywhere in the United	2795
States are employed in this state and are subject to that	2796
withholding requirement.	2797

~~(c)~~(d) The enterprise, within six months after an eligible	2798
investor's qualifying investment is made, invests in or incurs	2799
cost for one or more of the following in an amount at least equal	2800
to the amount of the qualifying investment:	2801

(i) Tangible personal property, other than motor vehicles	2802
operated on public roads and highways, used in business and	2803
physically located in this state from the time of its acquisition	2804
by the enterprise until the end of the investor's holding period;	2805

(ii) Motor vehicles operated on public roads and highways if,	2806
from the time of acquisition by the enterprise until the end of	2807
the investor's holding period, the motor vehicles are purchased in	2808
this state, registered in this state under Chapter 4503. of the	2809
Revised Code, are used primarily for business purposes, and are	2810
necessary for the operation of the enterprise's business;	2811

(iii) Real property located in this state that is used in	2812
business from the time of its acquisition by the enterprise until	2813
the end of the holding period;	2814

(iv) Intangible personal property, including patents,	2815
copyrights, trademarks, service marks, or licenses used in	2816
business primarily in this state from the time of its acquisition	2817
by the enterprise until the end of the holding period;	2818

(v) Compensation for new employees of the enterprise for whom	2819
the enterprise is required to withhold income tax under section	2820
5747.06 of the Revised Code, not including increased compensation	2821
for owners, officers, or managers of the enterprise. For this	2822
purpose compensation for new employees includes compensation for	2823
newly hired or retained employees.	2824

(2) "Qualifying investment" means an investment of money made	2825
on or after July 1, 2011, to acquire capital stock or other equity	2826
interest in a small business enterprise. "Qualifying investment"	2827
does not include ~~any~~either of the following:	2828

(a) Any investment of money an eligible investor derives,	2829
directly or indirectly, from a grant or loan from the federal	2830
government or the state or a political subdivision, including the	2831
third frontier program under Chapter 184. of the Revised Code;	2832

(b) Any investment of money which is the basis of a tax	2833
credit granted under any other section of the Revised Code.	2834

(3) "Eligible investor" means an individual, estate, or trust	2835
subject to the tax imposed by section 5747.02 of the Revised Code,	2836
or a pass-through entity in which such an individual, estate, or	2837
trust holds a direct or indirect ownership or other equity	2838
interest. To qualify as an eligible investor, the individual,	2839
estate, trust, or pass-through entity shall not owe any	2840
outstanding tax or other liability to the state at the time of a	2841
qualifying investment.	2842

(4) "Holding period" means:

2843

(a) For qualifying investments made on or after July 1, 2011,	2844
but before July 1, 2013, the two-year period beginning on the day	2845
the investment was made;	2846

(b) For qualifying investments made on or after July 1, 2013,	2847
the five-year period beginning on the day the investment was made.	2848

(5) "Pass-through entity" has the same meaning as in section	2849
5733.04 of the Revised Code.	2850

(B) Any eligible investor that makes a qualifying investment	2851
in a small business enterprise on or after July 1, 2011, may apply	2852
to the director of development services to obtain a small business	2853
investment certificate from the director. Alternatively, a small	2854
business enterprise may apply on behalf of eligible investors to	2855
obtain the certificates for those investors. The director, in	2856
consultation with the tax commissioner, shall prescribe the form	2857
or manner in which an applicant shall apply for the certificate,	2858
devise the form of the certificate, and prescribe any records or	2859
other information an applicant shall furnish with the application	2860
to evidence the qualifying investment. The applicant shall state	2861
the amount of the intended investment. The applicant shall pay an	2862
application fee equal to the greater of one-tenth of one per cent	2863
of the amount of the intended investment or one hundred dollars.	2864

A small business investment certificate entitles the	2865
certificate holder to receive a tax credit under section 5747.81	2866
of the Revised Code if the certificate holder qualifies for the	2867
credit as otherwise provided in this section. If the certificate	2868
holder is a pass-through entity, the certificate entitles the	2869
entity's equity owners to receive their distributive or	2870
proportionate shares of the credit. In any fiscal biennium, an	2871
eligible investor may not apply for small business investment	2872
certificates representing intended investment amounts in excess of	2873
ten million dollars. Such certificates are not transferable.	2874

The director of development ~~shall issue~~services may reserve	2875
small business investment certificates to qualifying applicants in	2876
the order in which the director receives applications, but may	2877
issue the certificates as the applications are completed. An	2878
application is completed when the director has validated that an	2879
eligible investor has made a qualified investment and the small	2880
business enterprise has made the appropriate reinvestment of the	2881
qualified investment pursuant to the requirements of division	2882
(A)(1)(d) of this section. To qualify for a certificate, an	2883
eligible investor must satisfy both of the following, subject to	2884
the limitation on the amount of qualifying investments for which	2885
certificates may be issued under division (C) of this section:	2886

(1) The eligible investor makes a qualifying investment on or	2887
after July 1, 2011.	2888

(2) The eligible investor pledges not to sell or otherwise	2889
dispose of the qualifying investment before the conclusion of the	2890
applicable holding period.	2891

(C)(1) The amount of any eligible investor's qualifying	2892
investments for which small business investment certificates may	2893
be issued for a fiscal biennium shall not exceed ten million	2894
dollars.	2895

(2) The director of development services shall not issue a	2896
small business investment certificate to an eligible investor	2897
representing an amount of qualifying investment in excess of the	2898
amount of the intended investment indicated on the investor's	2899
application for the certificate.	2900

(3) The director of development services shall not issue	2901
small business investment certificates in a total amount that	2902
would cause the tax credits claimed in any fiscal biennium to	2903
exceed one hundred million dollars.	2904

(4) The director of development services may issue a small	2905
business investment certificate only if both of the following	2906
apply at the time of issuance:	2907

(a) The small business enterprise meets all the requirements	2908
listed in divisions (A)(1)(a)(i) to (iv) of this section;	2909

(b) The eligible investor does not owe any outstanding tax or	2910
other liability to the state.	2911

(D) Before the end of the applicable holding period of a	2912
qualifying investment, each enterprise in which a qualifying	2913
investment was made for which a small business investment	2914
certificate has been issued, upon the request of the director of	2915
development services, shall provide to the director records or	2916
other evidence satisfactory to the director that the enterprise is	2917
a small business enterprise for the purposes of this section. Each	2918
enterprise shall also provide to the director records or evidence	2919
regarding the number of jobs created or retained in the state. No	2920
credit may be claimed under this section and section 5747.81 of	2921
the Revised Code if the director finds that an enterprise is not a	2922
small business enterprise for the purposes of this section. The	2923
director shall compile and maintain a register of small business	2924
enterprises qualifying under this section and shall certify the	2925
register to the tax commissioner. The director shall also compile	2926
and maintain a record of the number of jobs created or retained as	2927
a result of qualifying investments made pursuant to this section.	2928

(E) After the conclusion of the applicable holding period for	2929
a qualifying investment, a person to whom a small business	2930
investment certificate has been issued under this section may	2931
claim a credit as provided under section 5747.81 of the Revised	2932
Code.	2933

(F) The director of development services, in consultation	2934
with the tax commissioner, may adopt rules for the administration	2935
of this section, including rules governing the following:	2936

(1) Documents, records, or other information eligible	2937
investors shall provide to the director;	2938

(2) Any information a small business enterprise shall provide	2939
for the purposes of this section and section 5747.81 of the	2940
Revised Code;	2941

(3) Determination of the number of full-time equivalent	2942
employees of a small business enterprise;	2943

(4) Verification of a small business enterprise's investment	2944
in tangible personal property and intangible personal property	2945
under division (A)(1)~~(c)~~(d) of this section, including when such	2946
investments have been made and where the property is used in	2947
business;	2948

(5) Circumstances under which small business enterprises or	2949
eligible investors may be subverting the purposes of this section	2950
and section 5747.81 of the Revised Code.	2951

There is hereby created in the state treasury the InvestOhio	2952
support fund. The fund shall consist of the fees paid under	2953
division (B) of this section and shall be used by the development	2954
services agency to pay the costs of administering the small	2955
business investment certificate program established under this	2956
section.	2957

Sec. 122.97. (A) The business development and assistance	2958
fund is hereby created in the state treasury. Investment earnings	2959
on moneys in the fund shall be credited to the fund. The	2960
development services agency shall deposit any money it receives	2961
for business development services and business assistance services	2962
to the credit of the fund, including:	2963

(1) Reimbursements for services provided for business	2964
development and business assistance services;	2965

(2) Contract or grant payments from private entities;

2966

(3) Donations or sponsorship payments from private entities;

2967

(4) Contract or grant payments from public agencies or	2968
political subdivisions.	2969

(B) The agency shall use money in the fund for any agency	2970
operating purposes or programs providing business support or	2971
business assistance, including grants, loans, or administrative	2972
expenses.	2973

Sec. 149.43. (A) As used in this section:

2974

(1) "Public record" means records kept by any public office,	2975
including, but not limited to, state, county, city, village,	2976
township, and school district units, and records pertaining to the	2977
delivery of educational services by an alternative school in this	2978
state kept by the nonprofit or for-profit entity operating the	2979
alternative school pursuant to section 3313.533 of the Revised	2980
Code. "Public record" does not mean any of the following:	2981

(a) Medical records;

2982

(b) Records pertaining to probation and parole proceedings or	2983
to proceedings related to the imposition of community control	2984
sanctions and post-release control sanctions;	2985

(c) Records pertaining to actions under section 2151.85 and	2986
division (C) of section 2919.121 of the Revised Code and to	2987
appeals of actions arising under those sections;	2988

(d) Records pertaining to adoption proceedings, including the	2989
contents of an adoption file maintained by the department of	2990
health under section 3705.12 of the Revised Code;	2991

(e) Information in a record contained in the putative father	2992
registry established by section 3107.062 of the Revised Code,	2993
regardless of whether the information is held by the department of	2994
job and family services or, pursuant to section 3111.69 of the	2995
Revised Code, the office of child support in the department or a	2996
child support enforcement agency;	2997

(f) Records listed in division (A) of section 3107.42 of the	2998
Revised Code or specified in division (A) of section 3107.52 of	2999
the Revised Code;	3000

(g) Trial preparation records;

3001

(h) Confidential law enforcement investigatory records;

3002

(i) Records containing information that is confidential under	3003
section 2710.03 or 4112.05 of the Revised Code;	3004

(j) DNA records stored in the DNA database pursuant to	3005
section 109.573 of the Revised Code;	3006

(k) Inmate records released by the department of	3007
rehabilitation and correction to the department of youth services	3008
or a court of record pursuant to division (E) of section 5120.21	3009
of the Revised Code;	3010

(l) Records maintained by the department of youth services	3011
pertaining to children in its custody released by the department	3012
of youth services to the department of rehabilitation and	3013
correction pursuant to section 5139.05 of the Revised Code;	3014

(m) Intellectual property records;

3015

(n) Donor profile records;

3016

(o) Records maintained by the department of job and family	3017
services pursuant to section 3121.894 of the Revised Code;	3018

(p) Peace officer, parole officer, probation officer,	3019
bailiff, prosecuting attorney, assistant prosecuting attorney,	3020
correctional employee, youth services employee, firefighter, EMT,	3021
or investigator of the bureau of criminal identification and	3022
investigation residential and familial information;	3023

(q) In the case of a county hospital operated pursuant to	3024
Chapter 339. of the Revised Code or a municipal hospital operated	3025
pursuant to Chapter 749. of the Revised Code, information that	3026
constitutes a trade secret, as defined in section 1333.61 of the	3027
Revised Code;	3028

(r) Information pertaining to the recreational activities of	3029
a person under the age of eighteen;	3030

(s) Records provided to, statements made by review board	3031
members during meetings of, and all work products of a child	3032
fatality review board acting under sections 307.621 to 307.629 of	3033
the Revised Code, and child fatality review data submitted by the	3034
child fatality review board to the department of health or a	3035
national child death review database, other than the report	3036
prepared pursuant to division (A) of section 307.626 of the	3037
Revised Code;	3038

(t) Records provided to and statements made by the executive	3039
director of a public children services agency or a prosecuting	3040
attorney acting pursuant to section 5153.171 of the Revised Code	3041
other than the information released under that section;	3042

(u) Test materials, examinations, or evaluation tools used in	3043
an examination for licensure as a nursing home administrator that	3044
the board of examiners of nursing home administrators administers	3045
under section 4751.04 of the Revised Code or contracts under that	3046
section with a private or government entity to administer;	3047

(v) Records the release of which is prohibited by state or	3048
federal law;	3049

(w) Proprietary information of or relating to any person that	3050
is submitted to or compiled by the Ohio venture capital authority	3051
created under section 150.01 of the Revised Code;	3052

(x) Information reported and evaluations conducted pursuant	3053
to section 3701.072 of the Revised Code;	3054

(y) Financial statements and data any person submits for any	3055
purpose to the Ohio housing finance agency or the controlling	3056
board in connection with applying for, receiving, or accounting	3057
for financial assistance from the agency, and information that	3058
identifies any individual who benefits directly or indirectly from	3059
financial assistance from the agency;	3060

(z) Records listed in section 5101.29 of the Revised Code;

3061

(aa) Discharges recorded with a county recorder under section	3062
317.24 of the Revised Code, as specified in division (B)(2) of	3063
that section;	3064

(bb) Usage information including names and addresses of	3065
specific residential and commercial customers of a municipally	3066
owned or operated public utility;	3067

(cc) Records created or received by the nonprofit corporation	3068
formed under section 187.01 of the Revised Code that are not	3069
designated to be made available to the public under division	3070
(B)(2) of section 187.04 of the Revised Code, regardless of who	3071
may have custody of the records, notwithstanding section 149.431	3072
of the Revised Code.	3073

(2) "Confidential law enforcement investigatory record" means	3074
any record that pertains to a law enforcement matter of a	3075
criminal, quasi-criminal, civil, or administrative nature, but	3076
only to the extent that the release of the record would create a	3077
high probability of disclosure of any of the following:	3078

(a) The identity of a suspect who has not been charged with	3079
the offense to which the record pertains, or of an information	3080
source or witness to whom confidentiality has been reasonably	3081
promised;	3082

(b) Information provided by an information source or witness	3083
to whom confidentiality has been reasonably promised, which	3084
information would reasonably tend to disclose the source's or	3085
witness's identity;	3086

(c) Specific confidential investigatory techniques or	3087
procedures or specific investigatory work product;	3088

(d) Information that would endanger the life or physical	3089
safety of law enforcement personnel, a crime victim, a witness, or	3090
a confidential information source.	3091

(3) "Medical record" means any document or combination of	3092
documents, except births, deaths, and the fact of admission to or	3093
discharge from a hospital, that pertains to the medical history,	3094
diagnosis, prognosis, or medical condition of a patient and that	3095
is generated and maintained in the process of medical treatment.	3096

(4) "Trial preparation record" means any record that contains	3097
information that is specifically compiled in reasonable	3098
anticipation of, or in defense of, a civil or criminal action or	3099
proceeding, including the independent thought processes and	3100
personal trial preparation of an attorney.	3101

(5) "Intellectual property record" means a record, other than	3102
a financial or administrative record, that is produced or	3103
collected by or for faculty or staff of a state institution of	3104
higher learning in the conduct of or as a result of study or	3105
research on an educational, commercial, scientific, artistic,	3106
technical, or scholarly issue, regardless of whether the study or	3107
research was sponsored by the institution alone or in conjunction	3108
with a governmental body or private concern, and that has not been	3109
publicly released, published, or patented.	3110

(6) "Donor profile record" means all records about donors or	3111
potential donors to a public institution of higher education	3112
except the names and reported addresses of the actual donors and	3113
the date, amount, and conditions of the actual donation.	3114

(7) "Peace officer, parole officer, probation officer,	3115
bailiff, prosecuting attorney, assistant prosecuting attorney,	3116
correctional employee, youth services employee, firefighter, EMT,	3117
or investigator of the bureau of criminal identification and	3118
investigation residential and familial information" means any	3119
information that discloses any of the following about a peace	3120
officer, parole officer, probation officer, bailiff, prosecuting	3121
attorney, assistant prosecuting attorney, correctional employee,	3122
youth services employee, firefighter, EMT, or investigator of the	3123
bureau of criminal identification and investigation:	3124

(a) The address of the actual personal residence of a peace	3125
officer, parole officer, probation officer, bailiff, assistant	3126
prosecuting attorney, correctional employee, youth services	3127
employee, firefighter, EMT, or an investigator of the bureau of	3128
criminal identification and investigation, except for the state or	3129
political subdivision in which the peace officer, parole officer,	3130
probation officer, bailiff, assistant prosecuting attorney,	3131
correctional employee, youth services employee, firefighter, EMT,	3132
or investigator of the bureau of criminal identification and	3133
investigation resides;	3134

(b) Information compiled from referral to or participation in	3135
an employee assistance program;	3136

(c) The social security number, the residential telephone	3137
number, any bank account, debit card, charge card, or credit card	3138
number, or the emergency telephone number of, or any medical	3139
information pertaining to, a peace officer, parole officer,	3140
probation officer, bailiff, prosecuting attorney, assistant	3141
prosecuting attorney, correctional employee, youth services	3142
employee, firefighter, EMT, or investigator of the bureau of	3143
criminal identification and investigation;	3144

(d) The name of any beneficiary of employment benefits,	3145
including, but not limited to, life insurance benefits, provided	3146
to a peace officer, parole officer, probation officer, bailiff,	3147
prosecuting attorney, assistant prosecuting attorney, correctional	3148
employee, youth services employee, firefighter, EMT, or	3149
investigator of the bureau of criminal identification and	3150
investigation by the peace officer's, parole officer's, probation	3151
officer's, bailiff's, prosecuting attorney's, assistant	3152
prosecuting attorney's, correctional employee's, youth services	3153
employee's, firefighter's, EMT's, or investigator of the bureau of	3154
criminal identification and investigation's employer;	3155

(e) The identity and amount of any charitable or employment	3156
benefit deduction made by the peace officer's, parole officer's,	3157
probation officer's, bailiff's, prosecuting attorney's, assistant	3158
prosecuting attorney's, correctional employee's, youth services	3159
employee's, firefighter's, EMT's, or investigator of the bureau of	3160
criminal identification and investigation's employer from the	3161
peace officer's, parole officer's, probation officer's, bailiff's,	3162
prosecuting attorney's, assistant prosecuting attorney's,	3163
correctional employee's, youth services employee's, firefighter's,	3164
EMT's, or investigator of the bureau of criminal identification	3165
and investigation's compensation unless the amount of the	3166
deduction is required by state or federal law;	3167

(f) The name, the residential address, the name of the	3168
employer, the address of the employer, the social security number,	3169
the residential telephone number, any bank account, debit card,	3170
charge card, or credit card number, or the emergency telephone	3171
number of the spouse, a former spouse, or any child of a peace	3172
officer, parole officer, probation officer, bailiff, prosecuting	3173
attorney, assistant prosecuting attorney, correctional employee,	3174
youth services employee, firefighter, EMT, or investigator of the	3175
bureau of criminal identification and investigation;	3176

(g) A photograph of a peace officer who holds a position or	3177
has an assignment that may include undercover or plain clothes	3178
positions or assignments as determined by the peace officer's	3179
appointing authority.	3180

As used in divisions (A)(7) and (B)(9) of this section,	3181
"peace officer" has the same meaning as in section 109.71 of the	3182
Revised Code and also includes the superintendent and troopers of	3183
the state highway patrol; it does not include the sheriff of a	3184
county or a supervisory employee who, in the absence of the	3185
sheriff, is authorized to stand in for, exercise the authority of,	3186
and perform the duties of the sheriff.	3187

As used in divisions (A)(7) and (B)(5) of this section,	3188
"correctional employee" means any employee of the department of	3189
rehabilitation and correction who in the course of performing the	3190
employee's job duties has or has had contact with inmates and	3191
persons under supervision.	3192

As used in divisions (A)(7) and (B)(5) of this section,	3193
"youth services employee" means any employee of the department of	3194
youth services who in the course of performing the employee's job	3195
duties has or has had contact with children committed to the	3196
custody of the department of youth services.	3197

As used in divisions (A)(7) and (B)(9) of this section,	3198
"firefighter" means any regular, paid or volunteer, member of a	3199
lawfully constituted fire department of a municipal corporation,	3200
township, fire district, or village.	3201

As used in divisions (A)(7) and (B)(9) of this section, "EMT"	3202
means EMTs-basic, EMTs-I, and paramedics that provide emergency	3203
medical services for a public emergency medical service	3204
organization. "Emergency medical service organization,"	3205
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in	3206
section 4765.01 of the Revised Code.	3207

As used in divisions (A)(7) and (B)(9) of this section,	3208
"investigator of the bureau of criminal identification and	3209
investigation" has the meaning defined in section 2903.11 of the	3210
Revised Code.	3211

(8) "Information pertaining to the recreational activities of	3212
a person under the age of eighteen" means information that is kept	3213
in the ordinary course of business by a public office, that	3214
pertains to the recreational activities of a person under the age	3215
of eighteen years, and that discloses any of the following:	3216

(a) The address or telephone number of a person under the age	3217
of eighteen or the address or telephone number of that person's	3218
parent, guardian, custodian, or emergency contact person;	3219

(b) The social security number, birth date, or photographic	3220
image of a person under the age of eighteen;	3221

(c) Any medical record, history, or information pertaining to	3222
a person under the age of eighteen;	3223

(d) Any additional information sought or required about a	3224
person under the age of eighteen for the purpose of allowing that	3225
person to participate in any recreational activity conducted or	3226
sponsored by a public office or to use or obtain admission	3227
privileges to any recreational facility owned or operated by a	3228
public office.	3229

(9) "Community control sanction" has the same meaning as in	3230
section 2929.01 of the Revised Code.	3231

(10) "Post-release control sanction" has the same meaning as	3232
in section 2967.01 of the Revised Code.	3233

(11) "Redaction" means obscuring or deleting any information	3234
that is exempt from the duty to permit public inspection or	3235
copying from an item that otherwise meets the definition of a	3236
"record" in section 149.011 of the Revised Code.	3237

(12) "Designee" and "elected official" have the same meanings	3238
as in section 109.43 of the Revised Code.	3239

(B)(1) Upon request and subject to division (B)(8) of this	3240
section, all public records responsive to the request shall be	3241
promptly prepared and made available for inspection to any person	3242
at all reasonable times during regular business hours. Subject to	3243
division (B)(8) of this section, upon request, a public office or	3244
person responsible for public records shall make copies of the	3245
requested public record available at cost and within a reasonable	3246
period of time. If a public record contains information that is	3247
exempt from the duty to permit public inspection or to copy the	3248
public record, the public office or the person responsible for the	3249
public record shall make available all of the information within	3250
the public record that is not exempt. When making that public	3251
record available for public inspection or copying that public	3252
record, the public office or the person responsible for the public	3253
record shall notify the requester of any redaction or make the	3254
redaction plainly visible. A redaction shall be deemed a denial of	3255
a request to inspect or copy the redacted information, except if	3256
federal or state law authorizes or requires a public office to	3257
make the redaction.	3258

(2) To facilitate broader access to public records, a public	3259
office or the person responsible for public records shall organize	3260
and maintain public records in a manner that they can be made	3261
available for inspection or copying in accordance with division	3262
(B) of this section. A public office also shall have available a	3263
copy of its current records retention schedule at a location	3264
readily available to the public. If a requester makes an ambiguous	3265
or overly broad request or has difficulty in making a request for	3266
copies or inspection of public records under this section such	3267
that the public office or the person responsible for the requested	3268
public record cannot reasonably identify what public records are	3269
being requested, the public office or the person responsible for	3270
the requested public record may deny the request but shall provide	3271
the requester with an opportunity to revise the request by	3272
informing the requester of the manner in which records are	3273
maintained by the public office and accessed in the ordinary	3274
course of the public office's or person's duties.	3275

(3) If a request is ultimately denied, in part or in whole,	3276
the public office or the person responsible for the requested	3277
public record shall provide the requester with an explanation,	3278
including legal authority, setting forth why the request was	3279
denied. If the initial request was provided in writing, the	3280
explanation also shall be provided to the requester in writing.	3281
The explanation shall not preclude the public office or the person	3282
responsible for the requested public record from relying upon	3283
additional reasons or legal authority in defending an action	3284
commenced under division (C) of this section.	3285

(4) Unless specifically required or authorized by state or	3286
federal law or in accordance with division (B) of this section, no	3287
public office or person responsible for public records may limit	3288
or condition the availability of public records by requiring	3289
disclosure of the requester's identity or the intended use of the	3290
requested public record. Any requirement that the requester	3291
disclose the requestor's identity or the intended use of the	3292
requested public record constitutes a denial of the request.	3293

(5) A public office or person responsible for public records	3294
may ask a requester to make the request in writing, may ask for	3295
the requester's identity, and may inquire about the intended use	3296
of the information requested, but may do so only after disclosing	3297
to the requester that a written request is not mandatory and that	3298
the requester may decline to reveal the requester's identity or	3299
the intended use and when a written request or disclosure of the	3300
identity or intended use would benefit the requester by enhancing	3301
the ability of the public office or person responsible for public	3302
records to identify, locate, or deliver the public records sought	3303
by the requester.	3304

(6) If any person chooses to obtain a copy of a public record	3305
in accordance with division (B) of this section, the public office	3306
or person responsible for the public record may require that	3307
person to pay in advance the cost involved in providing the copy	3308
of the public record in accordance with the choice made by the	3309
person seeking the copy under this division. The public office or	3310
the person responsible for the public record shall permit that	3311
person to choose to have the public record duplicated upon paper,	3312
upon the same medium upon which the public office or person	3313
responsible for the public record keeps it, or upon any other	3314
medium upon which the public office or person responsible for the	3315
public record determines that it reasonably can be duplicated as	3316
an integral part of the normal operations of the public office or	3317
person responsible for the public record. When the person seeking	3318
the copy makes a choice under this division, the public office or	3319
person responsible for the public record shall provide a copy of	3320
it in accordance with the choice made by the person seeking the	3321
copy. Nothing in this section requires a public office or person	3322
responsible for the public record to allow the person seeking a	3323
copy of the public record to make the copies of the public record.	3324

(7) Upon a request made in accordance with division (B) of	3325
this section and subject to division (B)(6) of this section, a	3326
public office or person responsible for public records shall	3327
transmit a copy of a public record to any person by United States	3328
mail or by any other means of delivery or transmission within a	3329
reasonable period of time after receiving the request for the	3330
copy. The public office or person responsible for the public	3331
record may require the person making the request to pay in advance	3332
the cost of postage if the copy is transmitted by United States	3333
mail or the cost of delivery if the copy is transmitted other than	3334
by United States mail, and to pay in advance the costs incurred	3335
for other supplies used in the mailing, delivery, or transmission.	3336

Any public office may adopt a policy and procedures that it	3337
will follow in transmitting, within a reasonable period of time	3338
after receiving a request, copies of public records by United	3339
States mail or by any other means of delivery or transmission	3340
pursuant to this division. A public office that adopts a policy	3341
and procedures under this division shall comply with them in	3342
performing its duties under this division.	3343

In any policy and procedures adopted under this division, a	3344
public office may limit the number of records requested by a	3345
person that the office will transmit by United States mail to ten	3346
per month, unless the person certifies to the office in writing	3347
that the person does not intend to use or forward the requested	3348
records, or the information contained in them, for commercial	3349
purposes. For purposes of this division, "commercial" shall be	3350
narrowly construed and does not include reporting or gathering	3351
news, reporting or gathering information to assist citizen	3352
oversight or understanding of the operation or activities of	3353
government, or nonprofit educational research.	3354

(8) A public office or person responsible for public records	3355
is not required to permit a person who is incarcerated pursuant to	3356
a criminal conviction or a juvenile adjudication to inspect or to	3357
obtain a copy of any public record concerning a criminal	3358
investigation or prosecution or concerning what would be a	3359
criminal investigation or prosecution if the subject of the	3360
investigation or prosecution were an adult, unless the request to	3361
inspect or to obtain a copy of the record is for the purpose of	3362
acquiring information that is subject to release as a public	3363
record under this section and the judge who imposed the sentence	3364
or made the adjudication with respect to the person, or the	3365
judge's successor in office, finds that the information sought in	3366
the public record is necessary to support what appears to be a	3367
justiciable claim of the person.	3368

(9)(a) Upon written request made and signed by a journalist	3369
on or after December 16, 1999, a public office, or person	3370
responsible for public records, having custody of the records of	3371
the agency employing a specified peace officer, parole officer,	3372
probation officer, bailiff, prosecuting attorney, assistant	3373
prosecuting attorney, correctional employee, youth services	3374
employee, firefighter, EMT, or investigator of the bureau of	3375
criminal identification and investigation shall disclose to the	3376
journalist the address of the actual personal residence of the	3377
peace officer, parole officer, probation officer, bailiff,	3378
prosecuting attorney, assistant prosecuting attorney, correctional	3379
employee, youth services employee, firefighter, EMT, or	3380
investigator of the bureau of criminal identification and	3381
investigation and, if the peace officer's, parole officer's,	3382
probation officer's, bailiff's, prosecuting attorney's, assistant	3383
prosecuting attorney's, correctional employee's, youth services	3384
employee's, firefighter's, EMT's, or investigator of the bureau of	3385
criminal identification and investigation's spouse, former spouse,	3386
or child is employed by a public office, the name and address of	3387
the employer of the peace officer's, parole officer's, probation	3388
officer's, bailiff's, prosecuting attorney's, assistant	3389
prosecuting attorney's, correctional employee's, youth services	3390
employee's, firefighter's, EMT's, or investigator of the bureau of	3391
criminal identification and investigation's spouse, former spouse,	3392
or child. The request shall include the journalist's name and	3393
title and the name and address of the journalist's employer and	3394
shall state that disclosure of the information sought would be in	3395
the public interest.	3396

(b) Division (B)(9)(a) of this section also applies to	3397
journalist requests for customer information maintained by a	3398
municipally owned or operated public utility, other than social	3399
security numbers and any private financial information such as	3400
credit reports, payment methods, credit card numbers, and bank	3401
account information.	3402

(c) As used in division (B)(9) of this section, "journalist"	3403
means a person engaged in, connected with, or employed by any news	3404
medium, including a newspaper, magazine, press association, news	3405
agency, or wire service, a radio or television station, or a	3406
similar medium, for the purpose of gathering, processing,	3407
transmitting, compiling, editing, or disseminating information for	3408
the general public.	3409

(C)(1) If a person allegedly is aggrieved by the failure of a	3410
public office or the person responsible for public records to	3411
promptly prepare a public record and to make it available to the	3412
person for inspection in accordance with division (B) of this	3413
section or by any other failure of a public office or the person	3414
responsible for public records to comply with an obligation in	3415
accordance with division (B) of this section, the person allegedly	3416
aggrieved may commence a mandamus action to obtain a judgment that	3417
orders the public office or the person responsible for the public	3418
record to comply with division (B) of this section, that awards	3419
court costs and reasonable attorney's fees to the person that	3420
instituted the mandamus action, and, if applicable, that includes	3421
an order fixing statutory damages under division (C)(1) of this	3422
section. The mandamus action may be commenced in the court of	3423
common pleas of the county in which division (B) of this section	3424
allegedly was not complied with, in the supreme court pursuant to	3425
its original jurisdiction under Section 2 of Article IV, Ohio	3426
Constitution, or in the court of appeals for the appellate	3427
district in which division (B) of this section allegedly was not	3428
complied with pursuant to its original jurisdiction under Section	3429
3 of Article IV, Ohio Constitution.	3430

If a requestor transmits a written request by hand delivery	3431
or certified mail to inspect or receive copies of any public	3432
record in a manner that fairly describes the public record or	3433
class of public records to the public office or person responsible	3434
for the requested public records, except as otherwise provided in	3435
this section, the requestor shall be entitled to recover the	3436
amount of statutory damages set forth in this division if a court	3437
determines that the public office or the person responsible for	3438
public records failed to comply with an obligation in accordance	3439
with division (B) of this section.	3440

The amount of statutory damages shall be fixed at one hundred	3441
dollars for each business day during which the public office or	3442
person responsible for the requested public records failed to	3443
comply with an obligation in accordance with division (B) of this	3444
section, beginning with the day on which the requester files a	3445
mandamus action to recover statutory damages, up to a maximum of	3446
one thousand dollars. The award of statutory damages shall not be	3447
construed as a penalty, but as compensation for injury arising	3448
from lost use of the requested information. The existence of this	3449
injury shall be conclusively presumed. The award of statutory	3450
damages shall be in addition to all other remedies authorized by	3451
this section.	3452

The court may reduce an award of statutory damages or not	3453
award statutory damages if the court determines both of the	3454
following:	3455

(a) That, based on the ordinary application of statutory law	3456
and case law as it existed at the time of the conduct or	3457
threatened conduct of the public office or person responsible for	3458
the requested public records that allegedly constitutes a failure	3459
to comply with an obligation in accordance with division (B) of	3460
this section and that was the basis of the mandamus action, a	3461
well-informed public office or person responsible for the	3462
requested public records reasonably would believe that the conduct	3463
or threatened conduct of the public office or person responsible	3464
for the requested public records did not constitute a failure to	3465
comply with an obligation in accordance with division (B) of this	3466
section;	3467

(b) That a well-informed public office or person responsible	3468
for the requested public records reasonably would believe that the	3469
conduct or threatened conduct of the public office or person	3470
responsible for the requested public records would serve the	3471
public policy that underlies the authority that is asserted as	3472
permitting that conduct or threatened conduct.	3473

(2)(a) If the court issues a writ of mandamus that orders the	3474
public office or the person responsible for the public record to	3475
comply with division (B) of this section and determines that the	3476
circumstances described in division (C)(1) of this section exist,	3477
the court shall determine and award to the relator all court	3478
costs.	3479

(b) If the court renders a judgment that orders the public	3480
office or the person responsible for the public record to comply	3481
with division (B) of this section, the court may award reasonable	3482
attorney's fees subject to reduction as described in division	3483
(C)(2)(c) of this section. The court shall award reasonable	3484
attorney's fees, subject to reduction as described in division	3485
(C)(2)(c) of this section when either of the following applies:	3486

(i) The public office or the person responsible for the	3487
public records failed to respond affirmatively or negatively to	3488
the public records request in accordance with the time allowed	3489
under division (B) of this section.	3490

(ii) The public office or the person responsible for the	3491
public records promised to permit the relator to inspect or	3492
receive copies of the public records requested within a specified	3493
period of time but failed to fulfill that promise within that	3494
specified period of time.	3495

(c) Court costs and reasonable attorney's fees awarded under	3496
this section shall be construed as remedial and not punitive.	3497
Reasonable attorney's fees shall include reasonable fees incurred	3498
to produce proof of the reasonableness and amount of the fees and	3499
to otherwise litigate entitlement to the fees. The court may	3500
reduce an award of attorney's fees to the relator or not award	3501
attorney's fees to the relator if the court determines both of the	3502
following:	3503

(i) That, based on the ordinary application of statutory law	3504
and case law as it existed at the time of the conduct or	3505
threatened conduct of the public office or person responsible for	3506
the requested public records that allegedly constitutes a failure	3507
to comply with an obligation in accordance with division (B) of	3508
this section and that was the basis of the mandamus action, a	3509
well-informed public office or person responsible for the	3510
requested public records reasonably would believe that the conduct	3511
or threatened conduct of the public office or person responsible	3512
for the requested public records did not constitute a failure to	3513
comply with an obligation in accordance with division (B) of this	3514
section;	3515

(ii) That a well-informed public office or person responsible	3516
for the requested public records reasonably would believe that the	3517
conduct or threatened conduct of the public office or person	3518
responsible for the requested public records as described in	3519
division (C)(2)(c)(i) of this section would serve the public	3520
policy that underlies the authority that is asserted as permitting	3521
that conduct or threatened conduct.	3522

(D) Chapter 1347. of the Revised Code does not limit the	3523
provisions of this section.	3524

(E)(1) To ensure that all employees of public offices are	3525
appropriately educated about a public office's obligations under	3526
division (B) of this section, all elected officials or their	3527
appropriate designees shall attend training approved by the	3528
attorney general as provided in section 109.43 of the Revised	3529
Code. In addition, all public offices shall adopt a public records	3530
policy in compliance with this section for responding to public	3531
records requests. In adopting a public records policy under this	3532
division, a public office may obtain guidance from the model	3533
public records policy developed and provided to the public office	3534
by the attorney general under section 109.43 of the Revised Code.	3535
Except as otherwise provided in this section, the policy may not	3536
limit the number of public records that the public office will	3537
make available to a single person, may not limit the number of	3538
public records that it will make available during a fixed period	3539
of time, and may not establish a fixed period of time before it	3540
will respond to a request for inspection or copying of public	3541
records, unless that period is less than eight hours.	3542

(2) The public office shall distribute the public records	3543
policy adopted by the public office under division (E)(1) of this	3544
section to the employee of the public office who is the records	3545
custodian or records manager or otherwise has custody of the	3546
records of that office. The public office shall require that	3547
employee to acknowledge receipt of the copy of the public records	3548
policy. The public office shall create a poster that describes its	3549
public records policy and shall post the poster in a conspicuous	3550
place in the public office and in all locations where the public	3551
office has branch offices. The public office may post its public	3552
records policy on the internet web site of the public office if	3553
the public office maintains an internet web site. A public office	3554
that has established a manual or handbook of its general policies	3555
and procedures for all employees of the public office shall	3556
include the public records policy of the public office in the	3557
manual or handbook.	3558

(F)(1) The bureau of motor vehicles may adopt rules pursuant	3559
to Chapter 119. of the Revised Code to reasonably limit the number	3560
of bulk commercial special extraction requests made by a person	3561
for the same records or for updated records during a calendar	3562
year. The rules may include provisions for charges to be made for	3563
bulk commercial special extraction requests for the actual cost of	3564
the bureau, plus special extraction costs, plus ten per cent. The	3565
bureau may charge for expenses for redacting information, the	3566
release of which is prohibited by law.	3567

(2) As used in division (F)(1) of this section:

3568

(a) "Actual cost" means the cost of depleted supplies,	3569
records storage media costs, actual mailing and alternative	3570
delivery costs, or other transmitting costs, and any direct	3571
equipment operating and maintenance costs, including actual costs	3572
paid to private contractors for copying services.	3573

(b) "Bulk commercial special extraction request" means a	3574
request for copies of a record for information in a format other	3575
than the format already available, or information that cannot be	3576
extracted without examination of all items in a records series,	3577
class of records, or data base by a person who intends to use or	3578
forward the copies for surveys, marketing, solicitation, or resale	3579
for commercial purposes. "Bulk commercial special extraction	3580
request" does not include a request by a person who gives	3581
assurance to the bureau that the person making the request does	3582
not intend to use or forward the requested copies for surveys,	3583
marketing, solicitation, or resale for commercial purposes.	3584

(c) "Commercial" means profit-seeking production, buying, or	3585
selling of any good, service, or other product.	3586

(d) "Special extraction costs" means the cost of the time	3587
spent by the lowest paid employee competent to perform the task,	3588
the actual amount paid to outside private contractors employed by	3589
the bureau, or the actual cost incurred to create computer	3590
programs to make the special extraction. "Special extraction	3591
costs" include any charges paid to a public agency for computer or	3592
records services.	3593

(3) For purposes of divisions (F)(1) and (2) of this section,	3594
"surveys, marketing, solicitation, or resale for commercial	3595
purposes" shall be narrowly construed and does not include	3596
reporting or gathering news, reporting or gathering information to	3597
assist citizen oversight or understanding of the operation or	3598
activities of government, or nonprofit educational research.	3599

Sec. 164.05. (A) The director of the Ohio public works	3600
commission shall do all of the following:	3601

(1) Approve requests for financial assistance from district	3602
public works integrating committees and enter into agreements with	3603
one or more local subdivisions to provide loans, grants, and local	3604
debt support and credit enhancements for a capital improvement	3605
project if the director determines that:	3606

(a) The project is an eligible project pursuant to this	3607
chapter;	3608

(b) The financial assistance for the project has been	3609
properly approved and requested by the district committee of the	3610
district which includes the recipient of the loan or grant;	3611

(c) The amount of the financial assistance, when added to all	3612
other financial assistance provided during the fiscal year for	3613
projects within the district, does not exceed that district's	3614
allocation of money from the state capital improvements fund for	3615
that fiscal year;	3616

(d) The district committee has provided such documentation	3617
and other evidence as the director may require that the district	3618
committee has satisfied the requirements of section 164.06 or	3619
164.14 of the Revised Code;	3620

(e) The portion of a district's annual allocation which the	3621
director approves in the form of loans and local debt support and	3622
credit enhancements for eligible projects is consistent with	3623
divisions (E) and (F) of this section.	3624

(2) Authorize payments to local subdivisions or their	3625
contractors for costs incurred for capital improvement projects	3626
which have been approved pursuant to this chapter. All requests	3627
for payments shall be submitted to the director on forms and in	3628
accordance with procedures specified in rules adopted by the	3629
director pursuant to division (A)(4) of this section.	3630

(3) Retain the services of or employ financial consultants,	3631
engineers, accountants, attorneys, and such other employees as the	3632
director determines are necessary to carry out the director's	3633
duties under this chapter and fix the compensation for their	3634
services;	3635

(4) Adopt rules establishing the procedures for making	3636
applications, reviewing, approving, and rejecting projects for	3637
which assistance is authorized under this chapter, and any other	3638
rules needed to implement the provisions of this chapter. Such	3639
rules shall be adopted under Chapter 119. of the Revised Code.	3640

(5) Provide information and other assistance to local	3641
subdivisions and district public works integrating committees in	3642
developing their requests for financial assistance for capital	3643
improvements under this chapter and encourage cooperation and	3644
coordination of requests and the development of multisubdivision	3645
and multidistrict projects in order to maximize the benefits that	3646
may be derived by districts from each year's allocation;	3647

(6) Require local subdivisions, to the extent practicable, to	3648
use Ohio products, materials, services, and labor in connection	3649
with any capital improvement project financed in whole or in part	3650
under this chapter;	3651

(7) Notify the director of budget and management of all	3652
approved projects, and supply all information necessary to track	3653
approved projects through the state accounting system;	3654

(8) Appoint the administrator of the Ohio small government	3655
capital improvements commission;	3656

(9) Do all other acts, enter into contracts, and execute all	3657
instruments necessary or appropriate to carry out this chapter;	3658

(10) Develop a standardized methodology for evaluating	3659
capital improvement needs which will be used by local subdivisions	3660
in preparing the plans required by division (C) of section 164.06	3661
of the Revised Code. The director shall develop this methodology	3662
not later than July 1, 1991.	3663

(11) Establish a program to provide local subdivisions with	3664
technical assistance in preparing project applications. The	3665
program shall be designed to assist local subdivisions that lack	3666
the financial or technical resources to prepare project	3667
applications on their own.	3668

(B) When the director of the Ohio public works commission	3669
decides to conditionally approve or disapprove projects, the	3670
director's decisions and the reasons for which they are made shall	3671
be made in writing. These written decisions shall be conclusive	3672
for the purposes of the validity and enforceability of such	3673
determinations.	3674

(C) Fees, charges, rates of interest, times of payment of	3675
interest and principal, and other terms, conditions, and	3676
provisions of and security for financial assistance provided	3677
pursuant to the provisions of this chapter shall be such as the	3678
director determines to be appropriate. If any payments required by	3679
a loan agreement entered into pursuant to this chapter are not	3680
paid, the funds which would otherwise be apportioned to the local	3681
subdivision from the county undivided local government fund,	3682
pursuant to sections 5747.51 to 5747.53 of the Revised Code, may,	3683
at the direction of the director of the Ohio public works	3684
commission, be reduced by the amount payable. The county treasurer	3685
shall, at the direction of the director, pay the amount of such	3686
reductions to the state capital improvements revolving loan fund.	3687
The director may renegotiate a loan repayment schedule with a	3688
local subdivision whose payments from the county undivided local	3689
government fund could be reduced pursuant to this division, but	3690
such a renegotiation may occur only one time with respect to any	3691
particular loan agreement.	3692

(D) Grants approved for the repair and replacement of	3693
existing infrastructure pursuant to this chapter shall not exceed	3694
ninety per cent of the estimated total cost of the capital	3695
improvement project. Grants approved for new or expanded	3696
infrastructure shall not exceed fifty per cent of the estimated	3697
cost of the new or expansion elements of the capital improvement	3698
project. A local subdivision share of the estimated cost of a	3699
capital improvement may consist of any of the following:	3700

(1) The reasonable value, as determined by the director or	3701
the administrator, of labor, materials, and equipment that will be	3702
contributed by the local subdivision in performing the capital	3703
improvement project;	3704

(2) Moneys received by the local subdivision in any form from	3705
an authority, commission, or agency of the United States for use	3706
in performing the capital improvement project;	3707

(3) Loans made to the local subdivision under this chapter;

3708

(4) Engineering costs incurred by the local subdivision in	3709
performing engineering activities related to the project.	3710

A local subdivision share of the cost of a capital	3711
improvement shall not include any amounts awarded to it from the	3712
local transportation improvement program fund created in section	3713
164.14 of the Revised Code.	3714

(E) The following portion of a district public works	3715
integrating committee's annual allocation share pursuant to	3716
section 164.08 of the Revised Code may be awarded to subdivisions	3717
only in the form of interest-free, low-interest, market rate of	3718
interest, or blended-rate loans:	3719

YEAR IN WHICH	PORTION USED FOR	3720
MONEYS ARE ALLOCATED	LOANS	3721
Year 1	0%	3722
Year 2	0%	3723
Year 3	10%	3724
Year 4	12%	3725
Year 5	15%	3726
Year 6	20%	3727
Year 7, 8, 9, and 10	22%	3728

(F) The following portion of a district public works	3729
integrating committee's annual allocation pursuant to section	3730
164.08 of the Revised Code shall be awarded to subdivisions in the	3731
form of local debt supported and credit enhancements:	3732

	PORTIONS USED FOR	3733
YEAR IN WHICH	LOCAL DEBT SUPPORT	3734
MONEYS ARE ALLOCATED	AND CREDIT ENHANCEMENTS	3735
Year 1	0%	3736
Year 2	0%	3737
Year 3	3%	3738
Year 4	5%	3739
Year 5	5%	3740
Year 6	7%	3741
Year 7	7%	3742
Year 8	8%	3743
Year 9	8%	3744
Year 10	8%	3745

(G) For the period commencing on March 29, 1988 and ending on	3746
June 30, 1993, for the period commencing July 1, 1993, and ending	3747
June 30, 1999, and for each five-year period thereafter, the total	3748
amount of financial assistance awarded under sections 164.01 to	3749
164.08 of the Revised Code for capital improvement projects	3750
located wholly or partially within a county shall be equal to at	3751
least thirty per cent of the amount of what the county would have	3752
been allocated from the obligations authorized to be sold under	3753
this chapter during each period, if such amounts had been	3754
allocable to each county on a per capita basis.	3755

(H) The amount of the annual allocations made pursuant to	3756
divisions (B)(1) and ~~(6)~~(5) of section 164.08 of the Revised Code	3757
which can be used for new or expanded infrastructure is limited as	3758
follows:	3759

	PORTION WHICH MAY	3760
YEAR IN WHICH	BE USED FOR NEW OR	3761
MONEYS ARE ALLOCATED	EXPANSION INFRASTRUCTURE	3762
Year 1	5%	3763
Year 2	5%	3764
Year 3	10%	3765
Year 4	10%	3766
Year 5	10%	3767
Year 6	15%	3768
Year 7	15%	3769
Year 8	20%	3770
Year 9	20%	3771
Year 10 and each year		3772
thereafter	20%	3773

(I) The following portion of a district public works	3774
integrating committee's annual allocation share pursuant to	3775
section 164.08 of the Revised Code shall be awarded to	3776
subdivisions in the form of interest-free, low-interest, market	3777
rate of interest, or blended-rate loans, or local debt support and	3778
credit enhancements:	3779

	PORTION USED FOR LOANS	3780
YEAR IN WHICH	OR LOCAL DEBT SUPPORT	3781
MONEYS ARE ALLOCATED	AND CREDIT ENHANCEMENTS	3782
Year 11 and each year		3783
thereafter	20%	3784

(J) No project shall be approved under this section unless	3785
the project is designed to have a useful life of at least seven	3786
years. In addition, the average useful life of all projects for	3787
which grants or loans are awarded in each district during a	3788
program year shall not be less than twenty years.	3789

Sec. 164.06. (A) Each district public works integrating	3790
committee shall evaluate materials submitted to it by the local	3791
subdivisions located in the district concerning capital	3792
improvements for which assistance is sought from the state capital	3793
improvements fund and shall, pursuant to division (B) of this	3794
section, select the requests for financial assistance that will be	3795
formally submitted by the district to the director of the Ohio	3796
public works commission. In order to provide for the efficient use	3797
of the district's state capital improvements fund allocation each	3798
year, a district committee shall assist its subdivisions in the	3799
preparation and coordination of project plans.	3800

(B) In selecting the requests for assistance for capital	3801
improvement projects which will be submitted to the director, and	3802
in determining the nature, amount, and terms of the assistance	3803
that will be requested, a district public works integrating	3804
committee shall give priority to capital improvement projects for	3805
the repair or replacement of existing infrastructure and which	3806
would be unlikely to be undertaken without assistance under this	3807
chapter, and shall specifically consider all of the following	3808
factors:	3809

(1) The infrastructure repair and replacement needs of the	3810
district;	3811

(2) The age and condition of the system to be repaired or	3812
replaced;	3813

(3) Whether the project would generate revenue in the form of	3814
user fees or assessments;	3815

(4) The importance of the project to the health and safety of	3816
the citizens of the district;	3817

(5) The cost of the project and whether it is consistent with	3818
division (G) of section 164.05 of the Revised Code and the	3819
district's allocation for grants, loans, and local debt support	3820
and credit enhancements for that year;	3821

(6) The effort and ability of the benefited local	3822
subdivisions to assist in financing the project;	3823

(7) The availability of federal or other funds for the	3824
project;	3825

(8) The overall economic health of the particular local	3826
subdivision;	3827

(9) The adequacy of the planning for the project and the	3828
readiness of the applicant to proceed should the project be	3829
approved;	3830

(10) Any other factors relevant to a particular project.

3831

(C) Prior to filing an application with its district public	3832
works integrating committee for assistance in financing a capital	3833
improvement project under this section, a local subdivision shall	3834
conduct a study of its existing capital improvements, the	3835
condition of those improvements, and the projected capital	3836
improvement needs of the subdivision in the ensuing five-year	3837
period. After completing this study, the subdivision shall compile	3838
a report that includes an inventory of its existing capital	3839
improvements, a plan detailing the capital improvement needs of	3840
the subdivision in the ensuing five-year period, and a list of the	3841
subdivision's priorities with respect to addressing those needs.	3842
Each year, the report shall be reviewed and updated by the	3843
subdivision to reflect capital improvement projects undertaken or	3844
completed in the past year and any changes in the subdivision's	3845
plan or priorities. The report and annual updates shall be made	3846
available upon request to the Ohio public works commission, the	3847
Ohio small government capital improvements commission, and the	3848
district public works integrating committee of the district of	3849
which the subdivision is a part.	3850

(D) In addition to reviewing and selecting the projects for	3851
which approval will be sought from the director of the Ohio public	3852
works commission for financial assistance from the state capital	3853
improvements fund, each district public works integrating	3854
committee shall appoint a subcommittee of its members that will	3855
represent the interests of villages and townships and that will	3856
review and select the capital improvement projects which will be	3857
submitted by the subcommittee to the administrator of the Ohio	3858
small government capital improvements commission for consideration	3859
of assistance from the portion of the net proceeds of obligations	3860
issued and sold by the treasurer of state which is allocated	3861
pursuant to division (B)(1) of section 164.08 of the Revised Code.	3862
In reviewing and approving the projects selected by its	3863
subcommittee, the administrator, and the Ohio small government	3864
capital improvements commission shall be guided by the provisions	3865
of division (B) of this section, and shall also take into account	3866
the fact that villages and townships may have different public	3867
infrastructure needs than larger subdivisions.	3868

(E) The district public works integrating committee for each	3869
district that includes at least one county with a population of	3870
less than eighty-five thousand according to the most recent	3871
decennial census shall appoint a subcommittee of its members for	3872
the purposes of the small counties capital improvement program	3873
created under division (F) of section 164.02 of the Revised Code.	3874
The subcommittee shall select and submit to the director the	3875
projects that will be considered for assistance from the money	3876
allocated to the program under division (B)~~(4)~~(3) of section	3877
164.08 of the Revised Code.	3878

Sec. 164.08. (A) Except as provided in sections 151.01 and	3879
151.08 or section 164.09 of the Revised Code, the net proceeds of	3880
obligations issued and sold by the treasurer of state pursuant to	3881
section 164.09 of the Revised Code before September 30, 2000, or	3882
pursuant to sections 151.01 and 151.08 of the Revised Code, for	3883
the purpose of financing or assisting in the financing of the cost	3884
of public infrastructure capital improvement projects of local	3885
subdivisions, as provided for in Section 2k, 2m, or 2p of Article	3886
VIII, Ohio Constitution, and this chapter, shall be paid into the	3887
state capital improvements fund, which is hereby created in the	3888
state treasury. Investment earnings on moneys in the fund shall be	3889
credited to the fund.	3890

(B) Beginning July 1, 2011, each program year the amount of	3891
obligations authorized by the general assembly in accordance with	3892
sections 151.01 and 151.08 or section 164.09 of the Revised Code,	3893
excluding the proceeds of refunding or renewal obligations, shall	3894
be allocated by the director of the Ohio public works commission	3895
as follows:	3896

(1) First, fifteen million dollars of the amount of	3897
obligations authorized shall be allocated to provide financial	3898
assistance to villages and to townships with populations in the	3899
unincorporated areas of the township of less than five thousand	3900
persons, for capital improvements in accordance with section	3901
164.051 and division (D) of section 164.06 of the Revised Code. As	3902
used in division (B)(1) of this section, "capital improvements"	3903
includes resurfacing and improving roads.	3904

(2) Following the allocation required by division (B)(1) of	3905
this section, the director may allocate three million dollars of	3906
the authorized obligations to provide financial assistance to	3907
local subdivisions for capital improvement projects which in the	3908
judgment of the director of the Ohio public works commission are	3909
necessary for the immediate preservation of the health, safety,	3910
and welfare of the citizens of the local subdivision requesting	3911
assistance.	3912

(3) ~~For the second, third, fourth, and fifth years that~~	3913
~~obligations are authorized and are available for allocation under~~	3914
~~this chapter, one million dollars shall be allocated to the sewer~~	3915
~~and water fund created in section 1525.11 of the Revised Code.~~	3916
~~Money from this allocation shall be transferred to that fund when~~	3917
~~needed to support specific payments from that fund.~~	3918

~~(4)~~ For program years twelve and fourteen that obligations	3919
are authorized and available for allocation under this chapter,	3920
two million dollars each program year shall be allocated to the	3921
small county capital improvement program for use in providing	3922
financial assistance under division (F) of section 164.02 of the	3923
Revised Code.	3924

~~(5) After the allocation required by division (B)(3) of this~~	3925
~~section is made, the~~(4) The director shall determine the amount	3926
of the remaining obligations authorized to be issued and sold that	3927
each county would receive if such amounts were allocated on a per	3928
capita basis each year. If a county's per capita share for the	3929
year would be less than three hundred thousand dollars, the	3930
director shall allocate to the district in which that county is	3931
located an amount equal to the difference between three hundred	3932
thousand dollars and the county's per capita share.	3933

~~(6)~~(5) After making the allocation required by division	3934
(B)~~(5)~~(4) of this section, the director shall allocate the	3935
remaining amount to each district on a per capita basis.	3936

(C)(1) There is hereby created in the state treasury the	3937
state capital improvements revolving loan fund, into which shall	3938
be deposited all repayments of loans made to local subdivisions	3939
for capital improvements pursuant to this chapter. Investment	3940
earnings on moneys in the fund shall be credited to the fund.	3941

(2) There may also be deposited in the state capital	3942
improvements revolving loan fund moneys obtained from federal or	3943
private grants, or from other sources, which are to be used for	3944
any of the purposes authorized by this chapter. Such moneys shall	3945
be allocated each year in accordance with division (B)~~(6)~~(5) of	3946
this section.	3947

(3) Moneys deposited into the state capital improvements	3948
revolving loan fund shall be used to make loans for the purpose of	3949
financing or assisting in the financing of the cost of capital	3950
improvement projects of local subdivisions.	3951

(4) Investment earnings credited to the state capital	3952
improvements revolving loan fund that exceed the amounts required	3953
to meet estimated federal arbitrage rebate requirements shall be	3954
used to pay costs incurred by the public works commission in	3955
administering this section. Investment earnings credited to the	3956
state capital improvements revolving loan fund that exceed the	3957
amounts required to pay for the administrative costs and estimated	3958
rebate requirements shall be allocated to each district on a per	3959
capita basis.	3960

(5) Each program year, loan repayments received and on	3961
deposit in the state capital improvements revolving loan fund	3962
shall be allocated as follows:	3963

(a) Each district public works integrating committee shall be	3964
allocated an amount equal to the sum of all loan repayments made	3965
to the state capital improvements revolving loan fund by local	3966
subdivisions that are part of the district. Moneys not used in a	3967
program year may be used in the next program year in the same	3968
manner and for the same purpose as originally allocated.	3969

(b) Loan repayments made pursuant to projects approved under	3970
division (B)(1) of this section shall be used to make loans in	3971
accordance with section 164.051 and division (D) of section 164.06	3972
of the Revised Code. Allocations for this purpose made pursuant to	3973
division (C)(5) of this section shall be in addition to the	3974
allocation provided in division (B)(1) of this section.	3975

(c) Loan repayments made pursuant to projects approved under	3976
division (B)(2) of this section shall be used to make loans in	3977
accordance with division (B)(2) of this section. Allocations for	3978
this purpose made pursuant to division (C)(5) of this section	3979
shall be in addition to the allocation provided in division (B)(2)	3980
of this section.	3981

(d) Loans made from the state capital improvements revolving	3982
loan fund shall not be limited in their usage by divisions (E),	3983
(F), (G), (H), and (I) of section 164.05 of the Revised Code.	3984

(D) Investment earnings credited to the state capital	3985
improvements fund that exceed the amounts required to meet	3986
estimated federal arbitrage rebate requirements shall be used to	3987
pay costs incurred by the public works commission in administering	3988
sections 164.01 to 164.12 of the Revised Code.	3989

(E) The director of the Ohio public works commission shall	3990
notify the director of budget and management of the amounts	3991
allocated pursuant to this section and such information shall be	3992
entered into the state accounting system. The director of budget	3993
and management shall establish appropriation line items as needed	3994
to track these allocations.	3995

(F) If the amount of a district's allocation in a program	3996
year exceeds the amount of financial assistance approved for the	3997
district by the commission for that year, the remaining portion of	3998
the district's allocation shall be added to the district's	3999
allocation pursuant to division (B) of this section for the next	4000
succeeding year for use in the same manner and for the same	4001
purposes as it was originally allocated, except that any portion	4002
of a district's allocation which was available for use on new or	4003
expanded infrastructure pursuant to division (H) of section 164.05	4004
of the Revised Code shall be available in succeeding years only	4005
for the repair and replacement of existing infrastructure.	4006

(G) When an allocation based on population is made by the	4007
director pursuant to division (B) of this section, the director	4008
shall use the most recent decennial census statistics, and shall	4009
not make any reallocations based upon a change in a district's	4010
population.	4011

Sec. 166.01. As used in this chapter:

4012

(A) "Allowable costs" means all or part of the costs of	4013
project facilities, eligible projects, eligible innovation	4014
projects, eligible research and development projects, eligible	4015
advanced energy projects, or eligible logistics and distribution	4016
projects, including costs of acquiring, constructing,	4017
reconstructing, rehabilitating, renovating, enlarging, improving,	4018
equipping, or furnishing project facilities, eligible projects,	4019
eligible innovation projects, eligible research and development	4020
projects, eligible advanced energy projects, or eligible logistics	4021
and distribution projects, site clearance and preparation,	4022
supplementing and relocating public capital improvements or	4023
utility facilities, designs, plans, specifications, surveys,	4024
studies, and estimates of costs, expenses necessary or incident to	4025
determining the feasibility or practicability of assisting an	4026
eligible project, an eligible innovation project, an eligible	4027
research and development project, an eligible advanced energy	4028
project, or an eligible logistics and distribution project, or	4029
providing project facilities or facilities related to an eligible	4030
project, an eligible innovation project, an eligible research and	4031
development project, an eligible advanced energy project, or an	4032
eligible logistics and distribution project, architectural,	4033
engineering, and legal services fees and expenses, the costs of	4034
conducting any other activities as part of a voluntary action, and	4035
such other expenses as may be necessary or incidental to the	4036
establishment or development of an eligible project, an eligible	4037
innovation project, an eligible research and development project,	4038
an eligible advanced energy project, or an eligible logistics and	4039
distribution project, and reimbursement of moneys advanced or	4040
applied by any governmental agency or other person for allowable	4041
costs.	4042

(B) "Allowable innovation costs" includes allowable costs of	4043
eligible innovation projects and, in addition, includes the costs	4044
of research and development of eligible innovation projects;	4045
obtaining or creating any requisite software or computer hardware	4046
related to an eligible innovation project or the products or	4047
services associated therewith; testing (including, without	4048
limitation, quality control activities necessary for initial	4049
production), perfecting, and marketing of such products and	4050
services; creating and protecting intellectual property related to	4051
an eligible innovation project or any products or services related	4052
thereto, including costs of securing appropriate patent,	4053
trademark, trade secret, trade dress, copyright, or other form of	4054
intellectual property protection for an eligible innovation	4055
project or related products and services; all to the extent that	4056
such expenditures could be capitalized under then-applicable	4057
generally accepted accounting principles; and the reimbursement of	4058
moneys advanced or applied by any governmental agency or other	4059
person for allowable innovation costs.	4060

(C) "Eligible innovation project" includes an eligible	4061
project, including any project facilities associated with an	4062
eligible innovation project and, in addition, includes all	4063
tangible and intangible property related to a new product or	4064
process based on new technology or the creative application of	4065
existing technology, including research and development, product	4066
or process testing, quality control, market research, and related	4067
activities, that is to be acquired, established, expanded,	4068
remodeled, rehabilitated, or modernized for industry, commerce,	4069
distribution, or research, or any combination thereof, the	4070
operation of which, alone or in conjunction with other eligible	4071
projects, eligible innovation projects, or innovation property,	4072
will create new jobs or preserve existing jobs and employment	4073
opportunities and improve the economic welfare of the people of	4074
the state.	4075

(D) "Eligible project" means project facilities to be	4076
acquired, established, expanded, remodeled, rehabilitated, or	4077
modernized for industry, commerce, distribution, or research, or	4078
any combination thereof, the operation of which, alone or in	4079
conjunction with other facilities, will create new jobs or	4080
preserve existing jobs and employment opportunities and improve	4081
the economic welfare of the people of the state. "Eligible	4082
project" includes, without limitation, a voluntary action. For	4083
purposes of this division, "new jobs" does not include existing	4084
jobs transferred from another facility within the state, and	4085
"existing jobs" includes only those existing jobs with work places	4086
within the municipal corporation or unincorporated area of the	4087
county in which the eligible project is located.	4088

"Eligible project" does not include project facilities to be	4089
acquired, established, expanded, remodeled, rehabilitated, or	4090
modernized for industry, commerce, distribution, or research, or	4091
any combination of industry, commerce, distribution, or research,	4092
if the project facilities consist solely of	4093
point-of-final-purchase retail facilities. If the project	4094
facilities consist of both point-of-final-purchase retail	4095
facilities and nonretail facilities, only the portion of the	4096
project facilities consisting of nonretail facilities is an	4097
eligible project. If a warehouse facility is part of a	4098
point-of-final-purchase retail facility and supplies only that	4099
facility, the warehouse facility is not an eligible project.	4100
Catalog distribution facilities are not considered	4101
point-of-final-purchase retail facilities for purposes of this	4102
paragraph, and are eligible projects.	4103

(E) "Eligible research and development project" means an	4104
eligible project, including project facilities, comprising,	4105
within, or related to, a facility or portion of a facility at	4106
which research is undertaken for the purpose of discovering	4107
information that is technological in nature and the application of	4108
which is intended to be useful in the development of a new or	4109
improved product, process, technique, formula, or invention, a new	4110
product or process based on new technology, or the creative	4111
application of existing technology.	4112

(F) "Financial assistance" means inducements under division	4113
(B) of section 166.02 of the Revised Code, loan guarantees under	4114
section 166.06 of the Revised Code, and direct loans under section	4115
166.07 of the Revised Code.	4116

(G) "Governmental action" means any action by a governmental	4117
agency relating to the establishment, development, or operation of	4118
an eligible project, eligible innovation project, eligible	4119
research and development project, eligible advanced energy	4120
project, or eligible logistics and distribution project, and	4121
project facilities that the governmental agency acting has	4122
authority to take or provide for the purpose under law, including,	4123
but not limited to, actions relating to contracts and agreements,	4124
zoning, building, permits, acquisition and disposition of	4125
property, public capital improvements, utility and transportation	4126
service, taxation, employee recruitment and training, and liaison	4127
and coordination with and among governmental agencies.	4128

(H) "Governmental agency" means the state and any state	4129
department, division, commission, institution or authority; a	4130
municipal corporation, county, or township, and any agency	4131
thereof, and any other political subdivision or public corporation	4132
or the United States or any agency thereof; any agency,	4133
commission, or authority established pursuant to an interstate	4134
compact or agreement; and any combination of the above.	4135

(I) "Innovation financial assistance" means inducements under	4136
division (B) of section 166.12 of the Revised Code, innovation	4137
Ohio loan guarantees under section 166.15 of the Revised Code, and	4138
innovation Ohio loans under section 166.16 of the Revised Code.	4139

(J) "Innovation Ohio loan guarantee reserve requirement"	4140
means, at any time, with respect to innovation loan guarantees	4141
made under section 166.15 of the Revised Code, a balance in the	4142
innovation Ohio loan guarantee fund equal to the greater of twenty	4143
per cent of the then-outstanding principal amount of all	4144
outstanding innovation loan guarantees made pursuant to section	4145
166.15 of the Revised Code or fifty per cent of the principal	4146
amount of the largest outstanding guarantee made pursuant to	4147
section 166.15 of the Revised Code.	4148

(K) "Innovation property" includes property and also includes	4149
software, inventory, licenses, contract rights, goodwill,	4150
intellectual property, including without limitation, patents,	4151
patent applications, trademarks and service marks, and trade	4152
secrets, and other tangible and intangible property, and any	4153
rights and interests in or connected to the foregoing.	4154

(L) "Loan guarantee reserve requirement" means, at any time,	4155
with respect to loan guarantees made under section 166.06 of the	4156
Revised Code, a balance in the loan guarantee fund equal to the	4157
greater of twenty per cent of the then-outstanding principal	4158
amount of all outstanding guarantees made pursuant to section	4159
166.06 of the Revised Code or fifty per cent of the principal	4160
amount of the largest outstanding guarantee made pursuant to	4161
section 166.06 of the Revised Code.	4162

(M) "Person" means any individual, firm, partnership,	4163
association, corporation, or governmental agency, and any	4164
combination thereof.	4165

(N) "Project facilities" means buildings, structures, and	4166
other improvements, and equipment and other property, excluding	4167
small tools, supplies, and inventory, and any one, part of, or	4168
combination of the above, comprising all or part of, or serving or	4169
being incidental to, an eligible project, an eligible innovation	4170
project, an eligible research and development project, an eligible	4171
advanced energy project, or an eligible logistics and distribution	4172
project, including, but not limited to, public capital	4173
improvements.	4174

(O) "Property" means real and personal property and interests	4175
therein.	4176

(P) "Public capital improvements" means capital improvements	4177
or facilities that any governmental agency has authority to	4178
acquire, pay the costs of, own, maintain, or operate, or to	4179
contract with other persons to have the same done, including, but	4180
not limited to, highways, roads, streets, water and sewer	4181
facilities, railroad and other transportation facilities, and air	4182
and water pollution control and solid waste disposal facilities.	4183
For purposes of this division, "air pollution control facilities"	4184
includes, without limitation, solar, geothermal, biofuel, biomass,	4185
wind, hydro, wave, and other advanced energy projects as defined	4186
in section 3706.25 of the Revised Code.	4187

(Q) "Research and development financial assistance" means	4188
inducements under section 166.17 of the Revised Code, research and	4189
development loans under section 166.21 of the Revised Code, and	4190
research and development tax credits under sections 5733.352 and	4191
5747.331 of the Revised Code.	4192

(R) "Targeted innovation industry sectors" means industry	4193
sectors involving the production or use of advanced materials,	4194
instruments, controls and electronics, power and propulsion,	4195
biosciences, and information technology, or such other sectors as	4196
may be designated by the director of development services.	4197

(S) "Voluntary action" means a voluntary action, as defined	4198
in section 3746.01 of the Revised Code, that is conducted under	4199
the voluntary action program established in Chapter 3746. of the	4200
Revised Code.	4201

(T) "Project financing obligations" means obligations issued	4202
pursuant to section 166.08 of the Revised Code other than	4203
obligations for which the bond proceedings provide that bond	4204
service charges shall be paid from receipts of the state	4205
representing gross profit on the sale of spirituous liquor as	4206
referred to in division (B)(4) of section 4310.10 of the Revised	4207
Code.	4208

(U) "Regional economic development entity" means an entity	4209
that is under contract with the director ~~of development~~ to	4210
administer a loan program under this chapter in a particular area	4211
of this state.	4212

(V) "Advanced energy research and development fund" means the	4213
advanced energy research and development fund created in section	4214
3706.27 of the Revised Code.	4215

(W) "Advanced energy research and development taxable fund"	4216
means the advanced energy research and development taxable fund	4217
created in section 3706.27 of the Revised Code.	4218

(X) "Eligible advanced energy project" means an eligible	4219
project that is an "advanced energy project" as defined in section	4220
3706.25 of the Revised Code.	4221

(Y) "Eligible logistics and distribution project" means an	4222
eligible project, including project facilities, to be acquired,	4223
established, expanded, remodeled, rehabilitated, or modernized for	4224
transportation logistics and distribution infrastructure purposes.	4225
As used in this division, "transportation logistics and	4226
distribution infrastructure purposes" means promoting, providing	4227
for, and enabling improvements to the ground, air, and water	4228
transportation infrastructure comprising the transportation system	4229
in this state, including, without limitation, highways, streets,	4230
roads, bridges, railroads carrying freight, and air and water	4231
ports and port facilities, and all related supporting facilities.	4232

(Z) "Department of development" means the development	4233
services agency and "director of development" means the director	4234
of development services.	4235

Sec. 166.04. (A) Prior to entering into each agreement to	4236
provide assistance under sections 166.02, 166.06, and 166.07 of	4237
the Revised Code, the director of development services shall	4238
determine whether the assistance will conform to the requirements	4239
of sections 166.01 to 166.11 of the Revised Code. Such	4240
determination, and the facts upon which it is based, shall be set	4241
forth, where required, by the director in submissions made to the	4242
controlling board ~~for purposes of section 166.03 and, unless~~	4243
~~provision of the assistance has been recommended to the director~~	4244
~~by a regional economic development entity, to the development~~	4245
~~financing advisory council under section 166.05~~when the director	4246
seeks a release of moneys under section 166.02 of the Revised	4247
Code. An agreement to provide assistance under sections 166.02,	4248
166.06, and 166.07 of the Revised Code shall set forth such	4249
determination, which shall be conclusive for purposes of the	4250
validity and enforceability of such agreement and any loan	4251
guarantees, loans, or other agreements entered into pursuant to	4252
such agreement to provide assistance.	4253

(B) Whenever a person applies for financial assistance under	4254
sections 166.02, 166.06, and 166.07 of the Revised Code and the	4255
project for which assistance is requested is to relocate	4256
facilities that are currently being operated by the person and	4257
that are located in another county, municipal corporation, or	4258
township, the director shall provide written notification to the	4259
appropriate local governmental bodies and state officials. The	4260
notification shall contain the following information:	4261

(1) The name of the person applying for financial assistance;

4262

(2) The county, and the municipal corporation or township, in	4263
which the project for which assistance is requested is located;	4264
and	4265

(3) The county, and the municipal corporation or township, in	4266
which the facility to be replaced is located.	4267

~~The director shall provide the written notification to the~~	4268
~~appropriate local governmental bodies and state officials so that~~	4269
~~they receive the notification at least five days before the~~	4270
~~development financing advisory council meeting at which the~~	4271
~~council considers the request for financial assistance pursuant to~~	4272
~~section 166.05 of the Revised Code.~~	4273

4274

(1) "Appropriate local governmental bodies" means:

4275

(a) The boards of county commissioners or legislative	4276
authorities of the county in which the project for which	4277
assistance is requested is located and of the county in which the	4278
facility to be replaced is located;	4279

(b) The legislative authority of the municipal corporation or	4280
the board of township trustees of the township in which the	4281
project for which assistance is requested is located; and	4282

(c) The legislative authority of the municipal corporation or	4283
the board of township trustees of the township in which the	4284
facility to be replaced is located.	4285

(2) "State officials" means:

4286

(a) The state representative and state senator in whose	4287
districts the project for which assistance is requested is	4288
located;	4289

(b) The state representative and state senator in whose	4290
districts the facility to be replaced is located.	4291

Sec. 166.05. (A) In determining the projects to be assisted	4292
and the nature, amount, and terms of assistance to be provided for	4293
an eligible project under sections 166.02, 166.06, and 166.07 of	4294
the Revised Code:	4295

(1) ~~Except as otherwise provided in division (A)(3) of this~~	4296
~~section, the~~The director of development services shall take into	4297
consideration all of the following:	4298

(a) The number of jobs to be created or preserved, directly	4299
or indirectly;	4300

(b) Payrolls, and the taxes generated, at both state and	4301
local levels, by the eligible project and by the employment	4302
created or preserved by the eligible project;	4303

(c) The size, nature, and cost of the eligible project,	4304
including the prospect of the project for providing long-term jobs	4305
in enterprises consistent with the changing economics of the state	4306
and the nation;	4307

(d) The needs, and degree of needs, of the area in which the	4308
eligible project is to be located;	4309

(e) The needs of any private sector enterprise to be	4310
assisted;	4311

(f) The competitive effect of the assistance on other	4312
enterprises providing jobs for people of the state;	4313

(g) The amount and kind of assistance, if any, to be provided	4314
to the private sector enterprise by other governmental agencies	4315
through tax exemption or abatement, financing assistance with	4316
industrial development bonds, and otherwise, with respect to the	4317
eligible project;	4318

(h) The impact of the eligible project and its operations on	4319
local government services, including school services, and on	4320
public facilities;	4321

(i) The effect of the assistance on the loss of or damage to	4322
or destruction of prime farmland, or the removal from agricultural	4323
production of prime farmland. As used in this section, "prime	4324
farmland" means agricultural land that meets the criteria for this	4325
classification as defined by the United States soil conservation	4326
service.	4327

(j) The length of time the operator of the project has been	4328
operating facilities within the state.	4329

(2) The benefits to the local area, including taxes, jobs,	4330
and reduced unemployment and reduced welfare costs, among others,	4331
may be accorded value in the leasing or sales of project	4332
facilities and in loan and guarantee arrangements.	4333

(B) Prior to granting final approval of the assistance to be	4334
provided, the director shall determine that the benefits to be	4335
derived by the state and local area from the establishment or	4336
development, and operation, of the eligible project will exceed	4337
the cost of providing such assistance and~~, except as provided in~~	4338
~~division (C)(2) of this section,~~ shall submit to the ~~development~~	4339
~~financing advisory council and to the~~ controlling board a copy of	4340
that determination including the basis for the determination.	4341

(C)~~(1) Except as provided in division (C)(2) of this section,~~	4342
~~prior to the submission provided for in division (B) of this~~	4343
~~section to the controlling board, the director shall submit to the~~	4344
~~development financing advisory council data pertinent to the~~	4345
~~considerations set forth in division (A) of this section, the~~	4346
~~terms of the proposed assistance, and such other relevant~~	4347
~~information as the development financing advisory council may~~	4348
~~request.~~	4349

~~(2) The director is not required to submit any determination,~~	4350
~~data, terms, or other application materials or information to the~~	4351
~~development financing advisory council when provision of the~~	4352
~~assistance has been recommended to the director by a regional~~	4353
~~economic development entity.~~	4354

~~(D) The development financing advisory council, on the basis~~	4355
~~of such data, shall make recommendations as to the appropriateness~~	4356
~~of the assistance to be provided. The recommendations may be~~	4357
~~revised to reflect any changes in the proposed assistance as the~~	4358
~~director may submit to the council. The recommendations, as~~	4359
~~amended, of the council as to the appropriateness of the proposed~~	4360
~~assistance shall be submitted to the controlling board.~~	4361

~~(E)~~ Financial statements and other data submitted to the	4362
director of development~~, the development financing advisory~~	4363
~~council,~~services or the controlling board by any private sector	4364
person in connection with financial assistance under sections	4365
166.02, 166.06, and 166.07 of the Revised Code, or any information	4366
taken from such statements or data for any purpose, shall not be	4367
open to public inspection. ~~The development financing advisory~~	4368
~~council in considering confidential information in connection with~~	4369
~~financial assistance under sections 166.02, 166.06, and 166.07 of~~	4370
~~the Revised Code may, only for consideration of the confidential~~	4371
~~information referred to, and in the manner provided in division~~	4372
~~(E) of section 121.22 of the Revised Code, close the meeting~~	4373
~~during such consideration.~~	4374

Sec. 166.13. (A) Prior to entering into each agreement to	4375
provide innovation financial assistance under sections 166.12,	4376
166.15, and 166.16 of the Revised Code, the director of	4377
development services shall determine whether the assistance will	4378
conform to the requirements of sections 166.12 to 166.16 of the	4379
Revised Code. Such determination, and the facts upon which it is	4380
based, shall be set forth by the director in submissions made to	4381
the controlling board ~~for purposes of section 166.16 of the~~	4382
~~Revised Code and to the development financing advisory council~~	4383
~~under section 166.14~~when the director seeks a release of moneys	4384
under section 166.12 of the Revised Code. An agreement to provide	4385
assistance under sections 166.12, 166.15, and 166.16 of the	4386
Revised Code shall set forth the determination, which shall be	4387
conclusive for purposes of the validity and enforceability of the	4388
agreement and any innovation loan guarantees, innovation loans, or	4389
other agreements entered into pursuant to the agreement to provide	4390
innovation financial assistance.	4391

(B) Whenever a person applies for innovation financial	4392
assistance under sections 166.12, 166.15, and 166.16 of the	4393
Revised Code and the eligible innovation project for which	4394
innovation financial assistance is requested is to relocate an	4395
eligible innovation project that is currently being operated by	4396
the person and that is located in another county, municipal	4397
corporation, or township, the director shall provide written	4398
notification to the appropriate local governmental bodies and	4399
state officials. The notification shall contain the following	4400
information:	4401

(1) The name of the person applying for innovation financial	4402
assistance;	4403

(2) The county, and the municipal corporation or township, in	4404
which the eligible innovation project for which innovation	4405
financial assistance is requested is located; and	4406

(3) The county, and the municipal corporation or township, in	4407
which the eligible innovation project to be replaced is located.	4408

~~The director shall provide the written notification to the~~	4409
~~appropriate local governmental bodies and state officials so that~~	4410
~~they receive the notification at least five days before the~~	4411
~~development financing advisory council meeting at which the~~	4412
~~council considers the request for innovation financial assistance~~	4413
~~pursuant to sections 166.12, 166.15, and 166.16 of the Revised~~	4414
~~Code.~~	4415

4416

(1) "Appropriate local governmental bodies" means:

4417

(a) The boards of county commissioners or legislative	4418
authorities of the county in which the project for which	4419
innovation financial assistance is requested is located and of the	4420
county in which the eligible innovation project to be replaced is	4421
located;	4422

(b) The legislative authority of the municipal corporation or	4423
the board of township trustees of the township in which the	4424
eligible innovation project for which innovation financial	4425
assistance is requested is located; and	4426

(c) The legislative authority of the municipal corporation or	4427
the board of township trustees of the township in which the	4428
eligible innovation project to be replaced is located.	4429

(2) "State officials" means:

4430

(a) The state representative and state senator in whose	4431
districts the project for which innovation financial assistance is	4432
requested is located;	4433

(b) The state representative and state senator in whose	4434
districts the innovation project to be replaced is located.	4435

Sec. 166.14. (A) In determining the eligible innovation	4436
projects to be assisted and the nature, amount, and terms of	4437
innovation financial assistance to be provided for an eligible	4438
innovation project under sections 166.12 to 166.16 of the Revised	4439
Code:	4440

(1) The director of development services shall take into	4441
consideration all of the following:	4442

(a) The number of jobs to be created or preserved by the	4443
eligible innovation project, directly or indirectly;	4444

(b) Payrolls, and the taxes generated, at both state and	4445
local levels, by or in connection with the eligible innovation	4446
project and by the employment created or preserved by or in	4447
connection with the eligible innovation project;	4448

(c) The size, nature, and cost of the eligible innovation	4449
project, including the prospect of the eligible innovation project	4450
for providing long-term jobs in enterprises consistent with the	4451
changing economics of the state and the nation;	4452

(d) The needs of any private sector enterprise to be	4453
assisted;	4454

(e) The amount and kind of assistance, if any, to be provided	4455
to the private sector enterprise by other governmental agencies	4456
through tax exemption or abatement, financing assistance with	4457
industrial development bonds, and otherwise, with respect to the	4458
eligible innovation project or with respect to any providers of	4459
innovation property to be included as part of the eligible	4460
innovation project;	4461

(f) The likelihood of the successful implementation of the	4462
proposed eligible innovation project;	4463

(g) Whether the eligible innovation project involves the use	4464
of technology in a targeted innovation industry sector.	4465

(2) The benefits to the local area, including taxes, jobs,	4466
and reduced unemployment and reduced welfare costs, among others,	4467
may be accorded value in the leasing or sales of innovation	4468
project facilities and in loan and guarantee arrangements.	4469

(3) In making determinations under division (A)(1) of this	4470
section, the director may consider the effect of an eligible	4471
innovation project upon any entity engaged to provide innovation	4472
property to be acquired, leased, or licensed in connection with	4473
such assistance.	4474

(B) ~~The director shall submit to the development financing~~	4475
~~advisory council data pertinent to the considerations set forth in~~	4476
~~division (A) of this section, the terms of the proposed innovation~~	4477
~~financial assistance, and such other relevant information as the~~	4478
~~council may request.~~	4479

~~(C) The development financing advisory council, on the basis~~	4480
~~of such data, shall make recommendations as to the appropriateness~~	4481
~~of the innovation financial assistance to be provided. The~~	4482
~~recommendations may be revised to reflect any changes in the~~	4483
~~proposed innovation financial assistance as the director may~~	4484
~~submit to the council. The recommendations, as amended, of the~~	4485
~~council as to the appropriateness of the proposed innovation~~	4486
~~financial assistance shall be submitted to the controlling board.~~	4487

~~(D)~~ Financial statements and other data submitted to the	4488
director of development~~, the development financing advisory~~	4489
~~council,~~services or the controlling board by any private sector	4490
person in connection with innovation financial assistance under	4491
sections 166.12, 166.15, and 166.16 of the Revised Code, or any	4492
information taken from such statements or data for any purpose,	4493
shall not be open to public inspection. ~~The development financing~~	4494
~~advisory council in considering confidential information in~~	4495
~~connection with innovation financial assistance under this chapter~~	4496
~~may, only for consideration of the confidential information~~	4497
~~referred to, and in the manner provided in division (E) of section~~	4498
~~121.22 of the Revised Code, close the meeting during such~~	4499
~~consideration.~~	4500

Sec. 166.18. (A) Prior to entering into each agreement to	4501
provide research and development financial assistance, the	4502
director of development services shall determine whether the	4503
assistance will conform to the requirements of sections 166.17 to	4504
166.21, 5733.352, and 5747.331 of the Revised Code. Such	4505
determination, and the facts upon which it is based, shall be set	4506
forth by the director in submissions made to the controlling board	4507
~~for purposes of section 166.17 of the Revised Code and to the~~	4508
~~development financing advisory council under section 166.19~~when	4509
the director seeks a release of moneys under section 166.17 of the	4510
Revised Code. An agreement to provide research and development	4511
financial assistance under section 166.17 or 166.21 of the Revised	4512
Code shall set forth the determination, which shall be conclusive	4513
for purposes of the validity and enforceability of the agreement,	4514
and any loans or other agreements entered into pursuant to the	4515
agreement, to provide research and development financial	4516
assistance.	4517

(B) Whenever a person applies for research and development	4518
financial assistance, and the eligible research and development	4519
project for which that assistance is requested is to relocate an	4520
eligible research and development project that is currently being	4521
operated by the person and that is located in another county,	4522
municipal corporation, or township within the state, the director	4523
shall provide written notification to the appropriate local	4524
governmental bodies and state officials. The notification shall	4525
state all of the following:	4526

(1) The name of the person applying for research and	4527
development financial assistance;	4528

(2) The county, and the municipal corporation or township, in	4529
which the project for which research and development financial	4530
assistance is requested will be located;	4531

(3) The county, and the municipal corporation or township, in	4532
which the eligible research and development project is located at	4533
the time such financial assistance is requested.	4534

~~The director shall provide the written notification to the~~	4535
~~appropriate local governmental bodies and state officials so that~~	4536
~~they receive the notification at least five days before the~~	4537
~~development financing advisory council meeting at which the~~	4538
~~council considers the request for research and development~~	4539
~~financial assistance.~~	4540

4541

(1) "Appropriate local governmental bodies" means all of the	4542
following:	4543

(a) The board of county commissioners of or legislative	4544
authorities of special districts in the county in which the	4545
eligible research and development project for which research and	4546
development financial assistance is requested is located and of	4547
the county in which the project will be located;	4548

(b) The legislative authority of the municipal corporation or	4549
the board of township trustees of the township in which the	4550
eligible research and development project for which research and	4551
development financial assistance is requested is located and of	4552
the municipal corporation or township in which the project will be	4553
located.	4554

(2) "State officials" means both of the following:

4555

(a) The state representative and state senator in whose	4556
district the eligible research and development project for which	4557
research and development financial assistance is requested is	4558
located;	4559

(b) The state representative and state senator in whose	4560
district the eligible research and development project will be	4561
located.	4562

Sec. 166.19. (A)(1) In determining the eligible research and	4563
development projects to be assisted and the nature, amount, and	4564
terms of the research and development financial assistance to be	4565
provided, the director of development services shall consider all	4566
of the following:	4567

(a) The number of jobs to be created or preserved, directly	4568
or indirectly, by or in connection with the eligible research and	4569
development project;	4570

(b) Payrolls, and the taxes generated at both state and local	4571
levels, by the eligible research and development project and by	4572
the employment created or preserved by or in connection with the	4573
project;	4574

(c) The size, nature, and cost of the eligible research and	4575
development project;	4576

(d) The likelihood that the eligible research and development	4577
project will create long-term jobs in enterprises consistent with	4578
the changing economy of the state and nation;	4579

(e) The needs of any private sector enterprise to be	4580
assisted, taking into consideration the amount and kind of	4581
assistance, if any, to be provided to the private sector	4582
enterprise by other governmental agencies through tax exemption or	4583
abatement, financing assistance with industrial development bonds,	4584
and otherwise, with respect to the eligible research and	4585
development project or with respect to any providers of research	4586
and development property to be included as part of the project;	4587

(f) The likelihood that the eligible research and development	4588
project will be successfully implemented.	4589

(2) The director may consider the benefits to the local area,	4590
including taxes, jobs, and reduced unemployment and reduced	4591
welfare costs, in the leasing or sale of eligible research and	4592
development project facilities and in loan arrangements.	4593

(3) The director may consider the effect of an eligible	4594
research and development project upon any entity engaged to	4595
provide research and development property to be acquired, leased,	4596
or licensed in connection with research and development financial	4597
assistance.	4598

(B) ~~The director shall submit to the development financing~~	4599
~~advisory council data pertinent to the considerations set forth in~~	4600
~~division (A) of this section, the terms of the proposed research~~	4601
~~and development assistance, and such other relevant information as~~	4602
~~the council may request.~~	4603

~~(C) The development financing advisory council, on the basis~~	4604
~~of the data submitted under division (B) of this section, shall~~	4605
~~make recommendations as to the appropriateness of the research and~~	4606
~~development financial assistance to be provided. The~~	4607
~~recommendations may be revised to reflect any changes in the~~	4608
~~proposed research and development financial assistance that the~~	4609
~~director may submit to the council. The recommendations of the~~	4610
~~council as to the appropriateness of the proposed research and~~	4611
~~development financial assistance shall be submitted to the~~	4612
~~controlling board.~~	4613

~~(D)~~ Financial statements and other data submitted to the	4614
director of development~~, the development financing advisory~~	4615
~~council,~~services or the controlling board by any private sector	4616
person in connection with research and development financial	4617
assistance, or any information taken from such statements or data	4618
for any purpose, shall not be open to public inspection. ~~The~~	4619
~~development financing advisory council, in considering~~	4620
~~confidential information in connection with research and~~	4621
~~development financial assistance may, only for consideration of~~	4622
~~the confidential information referred to and in the manner~~	4623
~~provided in division (E) of section 121.22 of the Revised Code,~~	4624
~~close the meeting during such consideration.~~	4625

Sec. 166.25. (A) The director of development services, with	4626
the approval of the controlling board and subject to the other	4627
applicable provisions of this chapter, may lend money in the	4628
logistics and distribution infrastructure fund and the logistics	4629
and distribution infrastructure taxable bond fund to persons for	4630
the purpose of paying allowable costs of eligible logistics and	4631
distribution projects.	4632

(B) In determining the eligible logistics and distribution	4633
projects to be assisted and the nature, amount, and terms of	4634
assistance to be provided for an eligible logistics and	4635
distribution project, the director shall consult with appropriate	4636
governmental agencies, including the department of transportation	4637
and the Ohio rail development commission.	4638

(C)~~(1) The director shall submit to the development financing~~	4639
~~advisory council the terms of the proposed assistance to be~~	4640
~~provided for an eligible logistics and distribution project and~~	4641
~~such other relevant information as the council may request.~~	4642

~~(2) The council, on the basis of such information, shall make~~	4643
~~recommendations as to the appropriateness of the assistance to be~~	4644
~~provided. The recommendations may be revised to reflect any~~	4645
~~changes in the proposed assistance the director may submit to the~~	4646
~~council.~~	4647

~~(3) The director shall submit the terms of the proposed~~	4648
~~assistance to be provided, along with the recommendations, as~~	4649
~~amended, of the council as to the appropriateness of the proposed~~	4650
~~assistance, to the controlling board.~~	4651

~~(D)~~ Any loan made pursuant to this section shall be evidenced	4652
by a loan agreement, which shall contain such terms as the	4653
director determines necessary or appropriate, including	4654
performance measures and reporting requirements. The director may	4655
take actions necessary or appropriate to collect or otherwise deal	4656
with any loan made under this section, including requiring a loan	4657
recipient to repay the amount of the loan plus interest at a rate	4658
of three per cent above the federal short term interest rate or	4659
any other rate determined by the director.	4660

Sec. 166.30. (A) The Ohio air quality development authority,	4661
with the approval of the controlling board and subject to sections	4662
3706.25 to 3706.30 of the Revised Code, may provide grants from	4663
money in the advanced energy research and development fund and may	4664
lend money in the advanced energy research and development taxable	4665
fund to persons for the purposes of paying allowable costs of	4666
eligible advanced energy projects.	4667

(B) In determining the eligible advanced energy projects to	4668
be assisted and the nature, amount, and terms of assistance to be	4669
provided for an eligible advanced energy project, the authority	4670
shall consult with appropriate governmental agencies.	4671

(C)~~(1) The authority shall submit to the development~~	4672
~~financing advisory council the terms of the proposed assistance to~~	4673
~~be provided for an eligible advanced energy project and such other~~	4674
~~relevant information as the council may request.~~	4675

~~(2) The council, on the basis of such information, shall make~~	4676
~~recommendations as to the appropriateness of the assistance to be~~	4677
~~provided. The recommendations may be revised to reflect any~~	4678
~~changes in the proposed assistance the authority may submit to the~~	4679
~~council.~~	4680

~~(3) The authority shall submit the terms of the proposed~~	4681
~~assistance to be provided, along with the recommendations, as~~	4682
~~amended, of the council as to the appropriateness of the proposed~~	4683
~~assistance, to the controlling board.~~	4684

~~(D)~~ Any grant or loan made pursuant to this section shall be	4685
evidenced by an agreement, which shall contain such terms as the	4686
authority determines necessary or appropriate, including	4687
performance measures and reporting requirements. The authority may	4688
take actions necessary or appropriate to collect or otherwise deal	4689
with any assistance provided under this section, including	4690
requiring a loan or grant recipient to repay the amount of the	4691
loan or grant plus interest at a rate of three per cent above the	4692
federal short term interest rate or any other rate determined by	4693
the authority.	4694

Sec. 174.01. As used in this chapter:

4695

(A) "Financial assistance" means grants, loans, loan	4696
guarantees, an equity position in a project, or loan subsidies.	4697

(B) "Grant" means funding the ~~department of~~ development	4698
services agency or the Ohio housing finance agency provides for	4699
which the ~~department or the~~relevant agency does not require	4700
repayment.	4701

(C) "Housing" means housing for owner-occupancy and	4702
multifamily rental housing.	4703

(D) "Housing for owner-occupancy" means housing that is	4704
intended for occupancy by an owner as a principal residence.	4705
"Housing for owner-occupancy" may be any type of structure and may	4706
be owned in any type of ownership.	4707

(E) "Housing trust fund" means the low- and moderate-income	4708
housing trust fund created and administered pursuant to Chapter	4709
174. of the Revised Code.	4710

(F) "Lending institution" means any financial institution	4711
qualified to conduct business in this state, a subsidiary	4712
corporation that is wholly owned by a financial institution	4713
qualified to conduct business in this state, and a mortgage lender	4714
whose regular business is originating, servicing, or brokering	4715
real estate loans and who is qualified to do business in this	4716
state.	4717

(G) "Loan" means any extension of credit or other form of	4718
financing or indebtedness directly or indirectly to a borrower	4719
with the expectation that it will be repaid in accordance with the	4720
terms of the underlying loan agreement or other pertinent	4721
document. "Loan" includes financing extended to lending	4722
institutions and indebtedness purchased from lending institutions.	4723

(H) "Loan guarantee" means any agreement in favor of a	4724
lending institution or other lender in which the credit and	4725
resources of the housing trust fund are pledged to secure the	4726
payment or collection of financing extended to a borrower for the	4727
acquisition, construction, improvement, rehabilitation or	4728
preservation of housing, or to refinance any financing previously	4729
extended for those purposes by any lender.	4730

(I) "Loan subsidy" means any deposit of funds into a lending	4731
institution with the authorization or direction that the income or	4732
revenues the deposit earns, or could have earned at competitive	4733
rates, be applied directly or indirectly to the benefit of housing	4734
assistance or financial assistance.	4735

(J) "Low- and moderate-income persons" means individuals and	4736
families who qualify as low- and moderate-income persons pursuant	4737
to guidelines the ~~department of~~ development services agency	4738
establishes.	4739

(K) "Multifamily rental housing" means multiple unit housing	4740
intended for rental occupancy.	4741

(L) "Nonprofit organization" means a nonprofit organization	4742
in good standing and qualified to conduct business in this state	4743
including any corporation whose members are members of a	4744
metropolitan housing authority.	4745

(M) "Department of development" means the development	4746
services agency and "director of development" means the director	4747
of development services.	4748

Sec. 184.01. (A) There is hereby created the third frontier	4749
commission in the ~~department of~~ development services agency. The	4750
purpose of the commission is to coordinate and administer science	4751
and technology programs to promote the welfare of the people of	4752
the state and to maximize the economic growth of the state through	4753
expansion of both of the following:	4754

(1) The state's high technology research and development	4755
capabilities;	4756

(2) The state's product and process innovation and	4757
commercialization.	4758

(B)(1) The commission shall consist of ~~nine~~eleven members:	4759
the director of development services, the chancellor of the Ohio	4760
board of regents, the governor's science and technology advisor,	4761
the chief investment officer of the nonprofit corporation formed	4762
under section 187.01 of the Revised Code, and ~~six~~seven persons	4763
appointed by the governor with the advice and consent of the	4764
senate.	4765

(2) Of the ~~six~~seven persons appointed by the governor, one	4766
shall represent the central region, which is composed of the	4767
counties of Delaware, Fairfield, Fayette, Franklin, Hocking, Knox,	4768
Licking, Logan, Madison, Marion, Morrow, Perry, Pickaway, Ross,	4769
and Union; one shall represent the west central region, which is	4770
composed of the counties of Champaign, Clark, Darke, Greene,	4771
Miami, Montgomery, Preble, and Shelby; one shall represent the	4772
northeast region, which is composed of the counties of Ashland,	4773
Ashtabula, Carroll, Crawford, Columbiana, Cuyahoga, Erie, Geauga,	4774
Holmes, Huron, Lake, Lorain, Mahoning, Medina, Portage, Richland,	4775
Stark, Summit, Trumbull, Tuscarawas, and Wayne; one shall	4776
represent the northwest region, which is composed of the counties	4777
of Allen, Auglaize, Defiance, Fulton, Hancock, Hardin, Henry,	4778
Lucas, Mercer, Ottawa, Paulding, Putnam, Sandusky, Seneca, Van	4779
Wert, Williams, Wood, and Wyandot; one shall represent the	4780
southeast region, which shall represent the counties of Adams,	4781
Athens, Belmont, Coshocton, Gallia, Guernsey, Harrison, Jackson,	4782
Jefferson, Lawrence, Meigs, Monroe, Morgan, Muskingum, Noble,	4783
Pike, Scioto, Vinton, and Washington; ~~and~~ one shall represent the	4784
southwest region, which is composed of the counties of Butler,	4785
Brown, Clermont, Clinton, Hamilton, Highland, and Warren; and one	4786
shall represent the public at large. Of the initial appointments,	4787
two shall be for one year, two shall be for two years, and two	4788
shall be for three years as assigned by the governor. Thereafter,	4789
appointments shall be for three-year terms. Members may be	4790
reappointed and vacancies shall be filled in the same manner as	4791
appointments. A person must have a background in business or	4792
research in order to be eligible for appointment to the	4793
commission.	4794

(3) The governor shall select a chairperson from among the	4795
members, who shall serve in that role at the pleasure of the	4796
governor. Sections 101.82 to 101.87 of the Revised Code do not	4797
apply to the commission.	4798

(C) The commission shall meet at least once during each	4799
quarter of the calendar year or at the call of the chairperson. A	4800
majority of all members of the commission constitutes a quorum,	4801
and no action shall be taken without the concurrence of a majority	4802
of the members.	4803

(D) The commission shall administer any money that may be	4804
appropriated to it by the general assembly. The commission may use	4805
such money for research and commercialization and for any other	4806
purposes that may be designated by the commission.	4807

(E) The ~~department of~~ development services agency shall	4808
provide office space and facilities for the commission.	4809
Administrative costs associated with the operation of the	4810
commission or with any program or activity administered by the	4811
commission shall be paid from amounts appropriated to the	4812
commission or to the ~~department of development~~agency for such	4813
purposes.	4814

(F) The attorney general shall serve as the legal	4815
representative for the commission and may appoint other counsel as	4816
necessary for that purpose in accordance with section 109.07 of	4817
the Revised Code.	4818

(G) Members of the commission shall serve without	4819
compensation, but shall receive their reasonable and necessary	4820
expenses incurred in the conduct of commission business.	4821

(H) Members of the commission shall file financial disclosure	4822
statements described in division (B) of section 102.02 of the	4823
Revised Code.	4824

Sec. 184.011. As used in this chapter, "department of	4825
development" means the development services agency and "director	4826
of development" means the director of development services.	4827

Sec. 184.02. (A) In addition to the powers and duties under	4828
sections 121.22, 122.15 to 122.154, 122.28, 122.30 to 122.36,	4829
184.10 to 184.20 and 184.37 of the Revised Code, the third	4830
frontier commission may perform any act to ensure the performance	4831
of any function necessary or appropriate to carry out the purposes	4832
of, and exercise the powers granted under, sections 184.01 and	4833
184.02 of the Revised Code. In addition, the commission may do any	4834
of the following:	4835

(1) Adopt, amend, and rescind rules under section 111.15 of	4836
the Revised Code for the administration of any aspect of its	4837
operations;	4838

(2) Adopt bylaws governing its operations, including bylaws	4839
that establish procedures and set policies as may be necessary to	4840
assist with the furtherance of its purposes;	4841

(3) Appoint and set the compensation of employees needed to	4842
carry out its duties;	4843

(4) Contract with, retain the services of, or designate, and	4844
fix the compensation of, such financial consultants, accountants,	4845
other consultants and advisors, and other independent contractors	4846
as may be necessary or desirable to carry out its duties;	4847

(5) Solicit input and comments from the third frontier	4848
advisory board, and specialized industry, professional, and other	4849
relevant interest groups concerning its purposes;	4850

(6) Facilitate alignment of the state's science and	4851
technology programs and activities;	4852

(7) Make grants and loans to individuals, public agencies,	4853
private companies or organizations, or joint ventures for any of	4854
the broad range of activities related to its purposes.	4855

(B) In addition to the powers and duties under sections	4856
184.10 to 184.20 and 184.37 of the Revised Code, the commission	4857
shall do all of the following:	4858

(1) Establish a competitive process for the award of grants	4859
and loans that is designed to fund the most meritorious proposals	4860
and, when appropriate, provide for peer review of proposals;	4861

(2) Within ninety days after the end of each fiscal year,	4862
submit to the governor and the general assembly a report of the	4863
activities of the commission during the preceding fiscal year;	4864

(3) With specific application to the biomedical research and	4865
technology transfer trust fund, periodically make strategic	4866
assessments of the types of state investments in biomedical	4867
research and biotechnology in the state that would likely create	4868
jobs and business opportunities in the state and produce the most	4869
beneficial long-term improvements to the public health of Ohioans,	4870
including, but not limited to, biomedical research and	4871
biotechnology initiatives that address tobacco-related illnesses	4872
as may be outlined in any master agreement. The commission shall	4873
award grants and loans from the fund pursuant to a process	4874
established under division (B)(1) of this section.	4875

Sec. 187.01. As used in this chapter, "JobsOhio" means the	4876
nonprofit corporation formed under this section, and includes any	4877
subsidiary of that corporation. In any section of law that refers	4878
to the nonprofit corporation formed under this section, reference	4879
to the corporation includes reference to any such subsidiary	4880
unless otherwise specified or clearly appearing from the context.	4881

The governor is hereby authorized to form a nonprofit	4882
corporation, to be named "JobsOhio," with the purposes of	4883
promoting economic development, job creation, job retention, job	4884
training, and the recruitment of business to this state. Except as	4885
otherwise provided in this chapter, the corporation shall be	4886
organized and operated in accordance with Chapter 1702. of the	4887
Revised Code. The governor shall sign and file articles of	4888
incorporation for the corporation with the secretary of state. The	4889
legal existence of the corporation shall begin upon the filing of	4890
the articles.	4891

In addition to meeting the requirements for articles of	4892
incorporation in Chapter 1702. of the Revised Code, the articles	4893
of incorporation for the nonprofit corporation shall set forth the	4894
following:	4895

(A) The designation of the name of the corporation as	4896
JobsOhio;	4897

(B) The creation of a board of directors consisting of nine	4898
directors, to be appointed by the governor, who satisfy the	4899
qualifications prescribed by section 187.02 of the Revised Code;	4900

(C) A requirement that the governor make initial appointments	4901
to the board within sixty days after the filing of the articles of	4902
incorporation. Of the initial appointments made to the board, two	4903
shall be for a term ending one year after the date the articles	4904
were filed, two shall be for a term ending two years after the	4905
date the articles were filed, and five shall be for a term ending	4906
four years after the date the articles were filed. The articles	4907
shall state that, following the initial appointments, the governor	4908
shall appoint directors to terms of office of four years, with	4909
each term of office ending on the same day of the same month as	4910
did the term that it succeeds. If any director dies, resigns, or	4911
the director's status changes such that any of the requirements of	4912
division (C) of section 187.02 of the Revised Code are no longer	4913
met, that director's seat on the board shall become immediately	4914
vacant. The governor shall forthwith fill the vacancy by	4915
appointment for the remainder of the term of office of the vacated	4916
seat.	4917

(D) A requirement that the governor appoint one director to	4918
be chairperson of the board and procedures for electing directors	4919
to serve as officers of the corporation and members of an	4920
executive committee;	4921

(E) A provision for the appointment of a chief investment	4922
officer of the corporation by the recommendation of the board and	4923
approval of the governor. The chief investment officer shall serve	4924
at the pleasure of the board and shall have the power to execute	4925
contracts, spend corporation funds, and hire employees on behalf	4926
of the corporation. If the position of chief investment officer	4927
becomes vacant for any reason, the vacancy shall be filled in the	4928
same manner as provided in this division.	4929

(F) Provisions requiring the board to do all of the	4930
following:	4931

(1) Adopt one or more resolutions providing for compensation	4932
of the chief investment officer;	4933

(2) Approve an employee compensation plan recommended by the	4934
chief investment officer;	4935

(3) Approve a contract with the director of development	4936
services for the corporation to assist the director and the	4937
~~department of~~ development services agency with providing services	4938
or otherwise carrying out the functions or duties of the	4939
~~department~~agency, including the operation and management of	4940
programs, offices, divisions, or boards, as may be determined by	4941
the director of development services in consultation with the	4942
governor;	4943

(4) Approve all major contracts for services recommended by	4944
the chief investment officer;	4945

(5) Establish an annual strategic plan and standards of	4946
measure to be used in evaluating the corporation's success in	4947
executing the plan;	4948

(6) Establish a conflicts of interest policy that, at a	4949
minimum, complies with section 187.06 of the Revised Code;	4950

(7) Hold a minimum of four board of directors meetings per	4951
year at which a quorum of the board is physically present, and	4952
such other meetings, at which directors' physical presence is not	4953
required, as may be necessary. Meetings at which a quorum of the	4954
board is required to be physically present are subject to	4955
divisions (C), (D), and (E) of section 187.03 of the Revised Code.	4956

(8) Establish a records retention policy and present the	4957
policy, and any subsequent changes to the policy, at a meeting of	4958
the board of directors at which a quorum of the board is required	4959
to be physically present pursuant to division (F)(7) of this	4960
section;	4961

(9) Adopt standards of conduct for the directors.

4962

(G) A statement that directors shall not receive any	4963
compensation from the corporation, except that directors may be	4964
reimbursed for actual and necessary expenses incurred in	4965
connection with services performed for the corporation;	4966

(H) A provision authorizing the board to amend provisions of	4967
the corporation's articles of incorporation or regulations, except	4968
provisions required by this chapter;	4969

(I) Procedures by which the corporation would be dissolved	4970
and by which all corporation rights and assets would be	4971
distributed to the state or to another corporation organized under	4972
this chapter. These procedures shall incorporate any separate	4973
procedures subsequently set forth in this chapter for the	4974
dissolution of the corporation. The articles shall state that no	4975
dissolution shall take effect until the corporation has made	4976
adequate provision for the payment of any outstanding bonds,	4977
notes, or other obligations.	4978

(J) A provision establishing an audit committee to be	4979
comprised of directors. The articles shall require that the audit	4980
committee hire an independent certified public accountant to	4981
perform a financial audit of the corporation at least once every	4982
year.	4983

(K) A provision authorizing a majority of the disinterested	4984
directors to remove a director for misconduct, as that term may be	4985
defined in the articles or regulations of the corporation. The	4986
removal of a director under this division creates a vacancy on the	4987
board that the governor shall fill by appointment for the	4988
remainder of the term of office of the vacated seat.	4989

Sec. 187.03. (A) JobsOhio may perform such functions as	4990
permitted and shall perform such duties as prescribed by law and	4991
as set forth in any contract entered into under section 187.04 of	4992
the Revised Code, but shall not be considered a state or public	4993
department, agency, office, body, institution, or instrumentality	4994
for purposes of section 1.60 or Chapter 102., 121., 125., or 149.	4995
of the Revised Code. JobsOhio and its board of directors are not	4996
subject to the following sections of Chapter 1702. of the Revised	4997
Code: sections 1702.03, 1702.08, 1702.09, 1702.21, 1702.24,	4998
1702.26, 1702.27, 1702.28, 1702.29, 1702.301, 1702.33, 1702.34,	4999
1702.37, 1702.38, 1702.40 to 1702.52, 1702.521, 1702.54, 1702.57,	5000
1702.58, 1702.59, 1702.60, 1702.80, and 1702.99. Nothing in this	5001
division shall be construed to impair the powers and duties of the	5002
Ohio ethics commission described in section 102.06 of the Revised	5003
Code to investigate and enforce section 102.02 of the Revised Code	5004
with regard to individuals required to file statements under	5005
division (B)(2) of this section.	5006

(B)(1) Directors and employees of JobsOhio are not employees	5007
or officials of the state and, except as provided in division	5008
(B)(2) of this section, are not subject to Chapter 102., 124.,	5009
145., or 4117. of the Revised Code.	5010

(2) The chief investment officer, any other officer or	5011
employee with significant administrative, supervisory,	5012
contracting, or investment authority, and any director of JobsOhio	5013
shall file, with the Ohio ethics commission, a financial	5014
disclosure statement pursuant to section 102.02 of the Revised	5015
Code that includes, in place of the information required by	5016
divisions (A)(2), (7), (8), and (9) of that section, the	5017
information required by divisions (A) and (B) of section 102.022	5018
of the Revised Code. The governor shall comply with all applicable	5019
requirements of section 102.02 of the Revised Code.	5020

(3) Actual or in-kind expenditures for the travel, meals, or	5021
lodging of the governor or of any public official or employee	5022
designated by the governor for the purpose of this division shall	5023
not be considered a violation of section 102.03 of the Revised	5024
Code if the expenditures are made by the corporation, or on behalf	5025
of the corporation by any person, in connection with the	5026
governor's performance of official duties related to JobsOhio. The	5027
governor may designate any person, including a person who is a	5028
public official or employee as defined in section 102.01 of the	5029
Revised Code, for the purpose of this division if such	5030
expenditures are made on behalf of the person in connection with	5031
the governor's performance of official duties related to JobsOhio.	5032
A public official or employee so designated by the governor shall	5033
comply with all applicable requirements of section 102.02 of the	5034
Revised Code.	5035

At the times and frequency agreed to under division (B)(2)(b)	5036
of section 187.04 of the Revised Code, beginning in 2012, the	5037
corporation shall file with the ~~department of~~ development services	5038
agency a written report of all such expenditures paid or incurred	5039
during the preceding calendar year. The report shall state the	5040
dollar value and purpose of each expenditure, the date of each	5041
expenditure, the name of the person that paid or incurred each	5042
expenditure, and the location, if any, where services or benefits	5043
of an expenditure were received, provided that any such	5044
information that may disclose proprietary information as defined	5045
in division (C) of this section shall not be included in the	5046
report.	5047

(4) The prohibition applicable to former public officials or	5048
employees in division (A)(1) of section 102.03 of the Revised Code	5049
does not apply to any person appointed to be a director or hired	5050
as an employee of JobsOhio.	5051

(5) Notwithstanding division (A)(2) of section 145.01 of the	5052
Revised Code, any person who is a former state employee shall no	5053
longer be considered a public employee for purposes of Chapter	5054
145. of the Revised Code upon commencement of employment with	5055
JobsOhio.	5056

(6) Any director, officer, or employee of JobsOhio may	5057
request an advisory opinion from the Ohio ethics commission with	5058
regard to questions concerning the provisions of sections 102.02	5059
and 102.022 of the Revised Code to which the person is subject.	5060

(C) Meetings of the board of directors at which a quorum of	5061
the board is required to be physically present pursuant to	5062
division (F) of section 187.01 of the Revised Code shall be open	5063
to the public except, by a majority vote of the directors present	5064
at the meeting, such a meeting may be closed to the public only	5065
for one or more of the following purposes:	5066

(1) To consider business strategy of the corporation;

5067

(2) To consider proprietary information belonging to	5068
potential applicants or potential recipients of business	5069
recruitment, retention, or creation incentives. For the purposes	5070
of this division, "proprietary information" means marketing plans,	5071
specific business strategy, production techniques and trade	5072
secrets, financial projections, or personal financial statements	5073
of applicants or members of the applicants' immediate family,	5074
including, but not limited to, tax records or other similar	5075
information not open to the public inspection.	5076

(3) To consider legal matters, including litigation, in which	5077
the corporation is or may be involved;	5078

(4) To consider personnel matters related to an individual	5079
employee of the corporation.	5080

(D) The board of directors shall establish a reasonable	5081
method whereby any person may obtain the time and place of all	5082
public meetings described in division (C) of this section. The	5083
method shall provide that any person, upon request and payment of	5084
a reasonable fee, may obtain reasonable advance notification of	5085
all such meetings.	5086

(E) The board of directors shall promptly prepare, file, and	5087
maintain minutes of all public meetings described in division (C)	5088
of this section.	5089

(F) Not later than March 1, 2012, and the first day of March	5090
of each year thereafter, the chief investment officer of JobsOhio	5091
shall prepare and submit a report of the corporation's activities	5092
for the preceding year to the governor, the speaker and minority	5093
leader of the house of representatives, and the president and	5094
minority leader of the senate. The annual report shall include the	5095
following:	5096

(1) An analysis of the state's economy;

5097

(2) A description of the structure, operation, and financial	5098
status of the corporation;	5099

(3) A description of the corporation's strategy to improve	5100
the state economy and the standards of measure used to evaluate	5101
its progress;	5102

(4) An evaluation of the performance of current strategies	5103
and major initiatives;	5104

(5) An analysis of any statutory or administrative barriers	5105
to successful economic development, business recruitment, and job	5106
growth in the state identified by JobsOhio during the preceding	5107
year.	5108

Sec. 187.04. (A) ~~The~~As used in this chapter, "public money"	5109
means all moneys in the treasury of the state or moneys lawfully	5110
due and payable to the possession or custody of the treasurer of	5111
state.	5112

The director of development services, as soon as practical	5113
after ~~the effective date of this section~~February 18, 2011, shall	5114
execute a contract with JobsOhio for the corporation to assist the	5115
director and the ~~department of~~ development services agency with	5116
providing services or otherwise carrying out the functions or	5117
duties of the ~~department~~agency, including the operation and	5118
management of programs, offices, divisions, or boards, as may be	5119
determined by the director in consultation with the governor. The	5120
approval or disapproval of awards involving public money shall	5121
remain functions of the ~~department~~agency. All contracts for	5122
grants, loans, and tax incentives involving public money shall be	5123
between the ~~department~~agency and the recipient and shall be	5124
enforced by the ~~department~~agency. JobsOhio may not execute	5125
contracts obligating the ~~department~~agency for loans, grants,	5126
tax credits, or incentive awards recommended by JobsOhio to the	5127
~~department~~agency. Prior to execution, all contracts between the	5128
director and JobsOhio entered into under this section that	5129
obligate the agency to pay JobsOhio for services rendered are	5130
subject to controlling board approval.	5131

The term of aan initial contract entered into under this	5132
section shall not extend beyond June 30, 2013. Thereafter, the	5133
director and JobsOhio may renew the contract for subsequent fiscal	5134
biennia, but at no time shall a particular contract be effective	5135
for longer than a fiscal biennium of the general assembly~~, but~~	5136
~~may be renewed or amended by the parties~~.	5137

JobsOhio's provision of services to the agency as described	5138
in this section shall be pursuant to a contract entered into under	5139
this section. If at any time the director determines that the	5140
contract with JobsOhio may not be renewed for the subsequent	5141
fiscal biennium, the director shall notify JobsOhio of the	5142
director's decision not later than one hundred twenty days prior	5143
to the end of the current fiscal biennium. If the director does	5144
not provide such written notice to JobsOhio prior to one hundred	5145
days before the end of the current fiscal biennium, the contract	5146
shall be renewed upon such terms as the parties may agree, subject	5147
to the requirements of this section.	5148

(B) A contract entered into under this section shall include	5149
all of the following:	5150

(1) Terms assigning to the corporation the duties of advising	5151
and assisting the director ~~of development~~ in the director's	5152
evaluation of the ~~department~~agency and the formulation of	5153
recommendations under section 187.05 of the Revised Code;	5154

(2) Terms designating records created or received by JobsOhio	5155
that shall be made available to the public under the same	5156
conditions as are public records under section 149.43 of the	5157
Revised Code. Documents designated to be made available to the	5158
public pursuant to the contract shall be kept on file with the	5159
~~department of development~~agency.	5160

Among records to be designated under this division shall be	5161
the following:	5162

(a) The corporation's federal income tax returns;

5163

(b) The report of expenditures described in division (B)(3)	5164
of section 187.03 of the Revised Code. The records shall be filed	5165
with the ~~department~~agency at such times and frequency as agreed	5166
to by the corporation and the ~~department~~agency, which shall not	5167
be less frequently than quarterly.	5168

(c) The annual total compensation paid to each officer and	5169
employee of the corporation;	5170

(d) A copy of the audit report for each financial audit of	5171
the corporation performed by an independent certified public	5172
accountant pursuant to division (J) of section 187.01 of the	5173
Revised Code.	5174

(e) Records of any fully executed incentive proposals, to be	5175
filed annually;	5176

(f) Records pertaining to the monitoring of commitments made	5177
by incentive recipients, to be filed annually;	5178

(g) A copy of the minutes of all public meetings described in	5179
division (C) of section 187.03 of the Revised Code not otherwise	5180
closed to the public.	5181

(3) The following statement acknowledging that JobsOhio is	5182
not acting as an agent of the state:	5183

"JobsOhio shall have no power or authority to bind the state	5184
or to assume or create an obligation or responsibility, expressed	5185
or implied, on behalf of the state or in its name, nor shall	5186
JobsOhio represent to any person that it has any such power or	5187
authority, except as expressly provided in this contract."	5188

(C) Records created or received by JobsOhio are not public	5189
records for the purposes of section 149.43 of the Revised Code,	5190
regardless of who may have custody of the records, unless the	5191
record is designated to be available to the public by the contract	5192
under division (B)(2) of this section.	5193

(D) Any contract executed under authority of this section	5194
shall not negate, impair, or otherwise adversely affect the	5195
obligation of this state to pay debt charges on securities	5196
executed by the director ~~of development~~ or issued by the treasurer	5197
of state, Ohio public facilities commission, or any other issuing	5198
authority under Chapter 122., 151., 165., or 166. of the Revised	5199
Code to fund economic development programs of the state, or to	5200
abide by any pledge or covenant relating to the payment of those	5201
debt charges made in any related proceedings. As used in this	5202
division, "debt charges," "proceedings," and "securities" have the	5203
same meanings as in section 133.01 of the Revised Code.	5204

(E) Nothing in this section, other than the requirement of	5205
controlling board approval, shall prohibit the ~~department~~agency	5206
from contracting with JobsOhio to perform any of the following	5207
functions:	5208

(1) Promoting and advocating for the state;

5209

(2) Making recommendations to the ~~department~~agency;

5210

(3) Performing research for the ~~department~~agency;

5211

(4) Establishing and managing programs or offices on behalf	5212
of the ~~department~~agency, by contract;	5213

(5) Negotiating on behalf of the state.

5214

(F) Nothing in this section, other than the requirement of	5215
controlling board approval, shall prohibit the ~~department~~agency	5216
from compensating JobsOhio from funds currently appropriated to	5217
the ~~department~~agency to perform the functions described in	5218
division (E) of this section.	5219

Sec. 187.05. The director of development services, as soon	5220
as practical after ~~the effective date of this section~~February 18,	5221
2011, shall, in consultation with the governor, evaluate all	5222
powers, functions, and duties of the ~~department~~development	5223
services agency. Within six months after ~~that effective date~~	5224
February 18, 2011, the director shall submit a report to the	5225
general assembly recommending statutory changes necessary to	5226
improve the functioning and efficiency of the ~~department~~agency	5227
and to transfer specified powers, functions, and duties of the	5228
~~department~~agency to other existing agencies of the state or to	5229
JobsOhio, or eliminate specified powers, functions, or duties. The	5230
recommendations shall be submitted in writing to the speaker and	5231
minority leader of the house of representatives and the president	5232
and minority leader of the senate.	5233

After submitting the report, the director, in consultation	5234
with the governor, shall continue to evaluate the ~~department~~	5235
agency and make additional recommendations on such matters to the	5236
general assembly.	5237

Sec. 929.03. (A)(1) No public entity with authority to levy	5238
special assessments on real property shall collect an assessment	5239
for purposes of sewer, water, or electrical service on real	5240
property that is within an agricultural district as described in	5241
division (A)(2) of this section without the permission of the	5242
owner, except that any assessment may be collected on a lot	5243
surrounding a dwelling or other structure not used in agricultural	5244
production that does not exceed one acre or the minimum area	5245
required by local zoning or subdivision rules, whichever is the	5246
greater area.	5247

(2) For purposes of division (A)(1) of this section, an	5248
agricultural district is such a district that is established:	5249

(a) In the case of counties, prior to the adoption of a	5250
resolution of necessity by a board of county commissioners,	5251
pursuant to section 6103.05 or 6117.06 of the Revised Code;	5252

(b) In the case of municipal corporations, prior to whichever	5253
of the following occurs first:	5254

(i) The adoption of the resolution of necessity by the	5255
municipal legislative authority, pursuant to section 727.12 or	5256
729.02 of the Revised Code;	5257

(ii) The service of notice on all or some of the owners to be	5258
assessed pursuant to section 729.06 of the Revised Code;	5259

(iii) The adoption of the resolution or ordinance by the	5260
municipal legislative authority declaring the necessity for the	5261
improvement, the costs of which are to be assessed under	5262
procedures authorized by a municipal charter adopted pursuant to	5263
Section 7 of Article XVIII, Ohio Constitution, or, if no such	5264
ordinance or resolution is required under the charter, the service	5265
of the first notice on all or some of the owners of lands to be	5266
assessed, or the adoption of the first ordinance or resolution by	5267
the municipal legislative authority pertaining to the assessment	5268
proceedings under the charter.	5269

(c) In the case of a regional water and sewer district	5270
established pursuant to Chapter 6119. of the Revised Code, prior	5271
to the adoption of a resolution of necessity by the board of	5272
trustees of the district under section 6119.25 of the Revised	5273
Code.	5274

(B) For each special assessment levied by a public entity on	5275
real property within an agricultural district for purposes of	5276
sewer, water, or electrical service, the county auditor shall make	5277
and maintain a list showing:	5278

(1) The name of the owner of each lot, tract, or parcel of	5279
land that is exempt from the collection of the special assessment	5280
under this section;	5281

(2) A description of the exempt land;

5282

(3) The purpose of the special assessment;

5283

(4) The amount of the uncollected assessment on the exempt	5284
land.	5285

In the case of a county project constructed under Chapter	5286
6103. or 6117. of the Revised Code, the county auditor may use a	5287
list provided for in those chapters in lieu of the list required	5288
by division (B) of this section. The auditor shall also record in	5289
the water works record required by section 6103.16 of the Revised	5290
Code or the sewer improvement record required by section 6117.33	5291
of the Revised Code those assessments not collected under this	5292
section. The recording of the assessments does not permit the	5293
collection of the assessments until such time as exempt lands are	5294
withdrawn from agricultural districts or converted to	5295
nonagricultural use.	5296

(C) If at any time any of the owner's exempt land, other than	5297
a lot sold or transferred to a son, daughter, brother, sister,	5298
mother, or father for the purpose of constructing a dwelling in	5299
which the relative will reside for at least three years, is	5300
withdrawn from an agricultural district or if the owner of the	5301
exempt land uses on that land the service for which the special	5302
assessment was assessed, the public entity may collect the entire	5303
uncollected assessment, except as otherwise provided in this	5304
division, in addition to an amount equal to the rate of interest	5305
that any bonds or notes issued for the project for which the	5306
assessment was made did bear for the number of years the land was	5307
exempted, not to exceed twenty-five or the number of years for	5308
which the bonds or notes were issued, whichever is the lesser	5309
number. The owner shall notify the county auditor of any	5310
withdrawal from a district or use of the service within ninety	5311
days following the withdrawal or use of the service. The charge	5312
shall constitute a lien of the public entity upon the land and	5313
shall continue until discharged. All liens shall be recorded in	5314
the appropriate county recorder's office. Moneys collected as a	5315
result of the charge shall be deposited in the appropriate fund of	5316
the public entity that levied the special assessment.	5317

If the owner of exempt land sells or transfers a lot to ~~his~~	5318
the owner's son, daughter, brother, sister, mother, or father for	5319
the purpose of constructing a dwelling in which the relative will	5320
reside for at least three years, and if the owner or the buyer of	5321
the lot uses the service for which the special assessment was	5322
assessed only to provide service to that lot, the owner of the lot	5323
shall pay only that portion of the uncollected assessment and	5324
interest that applies to the lot.	5325

If at any time any part of an owner's exempt land is	5326
appropriated, the owner shall pay only that portion of the	5327
uncollected assessment and interest that applies to the	5328
appropriated parcel of land.	5329

In lieu of immediate payment of the uncollected assessment	5330
and interest, the board of county commissioners, legislative	5331
authority of a municipal corporation, or other governing board of	5332
any other public entity may, upon the request of the owner,	5333
establish an extended repayment schedule for the owner. If the	5334
board, legislative authority, or other governing board establishes	5335
such a schedule, it shall notify the county auditor of the	5336
schedule.	5337

~~(D) A board of county commissioners, legislative authority of~~	5338
~~a municipal corporation, or other governing board of any other~~	5339
~~public entity may apply to the water and sewer commission, created~~	5340
~~by division (C) of section 1525.11 of the Revised Code, for an~~	5341
~~advance of moneys from the water and sewer fund, created by~~	5342
~~division (A) of section 1525.11 of the Revised Code, in an amount~~	5343
~~equal to that portion of the costs of a water or sewer improvement~~	5344
~~authorized by law that is to be financed by assessments whose~~	5345
~~collection is prohibited under division (A) of this section. The~~	5346
~~application for such an advance of moneys shall be made in the~~	5347
~~manner prescribed by rules of the commission. Upon collection of~~	5348
~~any assessment whose collection was prohibited under division (A)~~	5349
~~of this section, the board of county commissioners, legislative~~	5350
~~authority, or other governing board shall repay the commission the~~	5351
~~amount of any moneys advanced by it in regard to the assessments.~~	5352

Sec. 1551.01. As used in this chapter:

5353

(A) "Governmental agency" means the United States government	5354
or any department, agency, or instrumentality thereof; any	5355
department, agency, or instrumentality of a state government; any	5356
municipal corporation, county, township, board of education, or	5357
other political subdivision or any other body corporate and	5358
politic of a state; or any agency, commission, or authority	5359
established under an interstate compact or agreement.	5360

(B) "Energy resource development facility" means any energy	5361
resource development, research, or conservation facility,	5362
including pilot as well as demonstration facilities, and including	5363
undivided or other interests therein, acquired or to be acquired,	5364
or constructed or to be constructed under this chapter or Chapter	5365
6121. or 6123. of the Revised Code, or acquired or to be acquired,	5366
or constructed or to be constructed by a governmental agency or	5367
person with all or a part of the cost thereof being paid from a	5368
loan or grant under such chapters, including all buildings and	5369
facilities that the director of development services determines	5370
necessary for the operation of the facility, together with all	5371
property, rights, easements, and interests that may be required	5372
for the operation of the facility, which facilities may include:	5373

(1) Any building, testing facility, testing device, or	5374
support facilities which would provide experimental,	5375
demonstration, or testing capabilities or services not otherwise	5376
available in this state and which are necessary for the	5377
accomplishment of the purposes of this chapter;	5378

(2) Any method, process, structure, or equipment that is used	5379
to store coal, oil, natural gas, fuel for nuclear reactors, or any	5380
other form of energy;	5381

(3) Any method, process, structure, or equipment that is used	5382
to recover or convert coal, oil, natural gas, steam, or other form	5383
of energy from property located within the state for the purpose	5384
of supplying energy for utilization;	5385

(4) Any method, process, structure, or equipment that is	5386
designed to result in more efficient recovery, conversion, or	5387
utilization of energy resources within the state, including any	5388
scrap tire recovery facility for which a registration certificate	5389
or permit has been issued under section 3734.78 of the Revised	5390
Code;	5391

(5) Any improvement that is designed to improve the thermal	5392
efficiency of a building or structure or reduce the fuel or power	5393
needed to heat, cool, light, ventilate, or provide hot water in a	5394
building or structure;	5395

(6) Any improvement designed to enable the substitution of	5396
coal or alternate fuel, other than natural gas, for natural gas or	5397
a petroleum fuel, or the conversion of coal to other fuels;	5398

(7) Any improvement designed to enable the combustion of high	5399
sulfur coal in compliance with air or water pollution control or	5400
solid waste disposal laws, including, but not limited to, any	5401
facility for processing coal to remove sulfur before combustion of	5402
the coal, for fluidized bed combustion, or for removal of the	5403
sulfur before the products of combustion are emitted or	5404
discharged.	5405

(C) "Cost" as applied to an energy resource development	5406
facility means the cost of acquisition and construction, the cost	5407
of acquisition of all land, rights-of-way, property rights,	5408
easements, franchise rights, and interests required for such	5409
acquisition and construction, the cost of demolishing or removing	5410
any buildings or structures on land so acquired, including the	5411
cost of acquiring any lands to which such buildings or structures	5412
may be moved, the cost of acquiring or constructing and equipping	5413
a principal office and sub-offices of the department of	5414
development, the cost of diverting highways, interchange of	5415
highways, access roads to private property, including the cost of	5416
land or easements for such access roads, the cost of public	5417
utility and common carrier relocation or duplication, the cost of	5418
all machinery, furnishings, and equipment, financing charges,	5419
interest prior to and during construction and for no more than	5420
eighteen months after completion of construction, engineering,	5421
expenses of research and development with respect to the facility,	5422
legal expenses, plans, specifications, surveys, studies, estimates	5423
of cost and revenues, working capital, other expenses necessary or	5424
incident to determining the feasibility or practicability of	5425
acquiring or constructing such facility, administrative expense,	5426
and such other expense as may be necessary or incident to the	5427
acquisition or construction of the facility, the financing of such	5428
acquisition or construction, including the amount authorized in	5429
the resolution of the Ohio water development authority providing	5430
for the issuance of energy resource development revenue bonds to	5431
be paid into any special funds from the proceeds of such bonds,	5432
and the financing of the placing of such facility in operation.	5433
Any obligation, cost, or expense incurred after August 26, 1975,	5434
by any governmental agency or person for surveys, borings,	5435
preparation of plans and specifications, and other engineering	5436
services, or any other cost described above, in connection with	5437
the acquisition or construction of a facility may be regarded as a	5438
part of the cost of such facility and may be reimbursed out of the	5439
proceeds of energy resource development revenue bonds.	5440

(D) "Revenues" means all rentals and other charges received	5441
by the Ohio water development authority for the use or services of	5442
any energy resource development facility, any contract, gift, or	5443
grant received with respect to any energy resource development	5444
facility, and moneys received with respect to the lease, sublease,	5445
sale, including installment sale or conditional sale, or other	5446
disposition of an energy resource development facility, moneys	5447
received in repayment of and for interest on any loans made by the	5448
authority to a person or governmental agency, whether from the	5449
United States or any department, administration, or agency	5450
thereof, or otherwise, proceeds of energy resource development	5451
revenue bonds to the extent that the use thereof for payment of	5452
principal of, premium, if any, or interest on the bonds is	5453
authorized by the authority, proceeds from any insurance,	5454
condemnation, or guaranty pertaining to a facility or property	5455
mortgaged to secure bonds or pertaining to the financing of a	5456
facility, and income and profit from the investment of the	5457
proceeds of energy resource development revenue bonds or of any	5458
revenues.	5459

(E) "Construction," unless the context indicates a different	5460
meaning or intent, includes construction, reconstruction,	5461
enlargement, improvement, or providing furnishings or equipment.	5462

(F) "Energy resource development revenue bonds," unless the	5463
context indicates a different meaning or intent, includes energy	5464
resource development revenue bonds, energy resource development	5465
revenue notes, and energy resource development revenue refunding	5466
bonds.	5467

(G) "Energy" means work or heat that is, or can be, produced	5468
from any fuel or source whatsoever.	5469

(H) "Energy audit" means any process by which energy usage or	5470
costs of heating, cooling, lighting, and climate control in a	5471
building or structure are determined.	5472

(I) "Energy conservation" means preservation of energy	5473
resources by efficient utilization, and reduction of waste.	5474

(J) "Energy conservation measure" means any modification of a	5475
building, structure, machine, appliance, vehicle, improvement, or	5476
process in order to improve its efficiency of energy use or energy	5477
costs.	5478

(K) "Fuel" means petroleum, crude oil, petroleum product,	5479
coal, natural gas, synthetic natural or artificial gas, nuclear,	5480
or other substance used primarily for its energy content.	5481

(L) "Net energy analysis" means the determination of the	5482
amount of energy remaining after all energy outputs have been	5483
subtracted from the energy inputs of a given system.	5484

(M) "Department of development" means the development	5485
services agency and "director of development" means the director	5486
of development services.	5487

Sec. 3735.01. As used in this chapter, "department of	5488
development" means the development services agency and "director	5489
of development" means the director of development services.	5490

Sec. 3735.672. (A) On or before the thirty-first day of	5491
March each year, a legislative authority that has entered into an	5492
agreement with a party under section 3735.671 of the Revised Code	5493
shall submit to the director of development services and the board	5494
of education of each school district of which a municipal	5495
corporation or township to which such an agreement applies is a	5496
part a report on all such agreements in effect during the	5497
preceding calendar year. The report shall include the following	5498
information:	5499

(1) The designation, assigned by the director of development	5500
services, of each community reinvestment area within the municipal	5501
corporation or county, and the total population of each area	5502
according to the most recent data available;	5503

(2) The number of agreements and the number of full-time	5504
employees subject to those agreements within each area, each	5505
according to the most recent data available and identified and	5506
categorized by the appropriate standard industrial code, and the	5507
rate of unemployment in the municipal corporation or county in	5508
which the area is located for each year since the area was	5509
certified;	5510

(3) The number of agreements approved and executed during the	5511
calendar year for which the report is submitted, the total number	5512
of agreements in effect on the thirty-first day of December of the	5513
preceding calendar year, the number of agreements that expired	5514
during the calendar year for which the report is submitted, and	5515
the number of agreements scheduled to expire during the calendar	5516
year in which the report is submitted. For each agreement that	5517
expired during the calendar year for which the report is	5518
submitted, the legislative authority shall include the amount of	5519
taxes exempted under the agreement.	5520

(4) The number of agreements receiving compliance reviews by	5521
the tax incentive review council in the municipal corporation or	5522
county during the calendar year for which the report is submitted,	5523
including all of the following information:	5524

(a) The number of agreements the terms of which the party has	5525
complied with, indicating separately for each such agreement the	5526
value of the real property exempted pursuant to the agreement and	5527
a comparison of the stipulated and actual schedules for hiring new	5528
employees, for retaining existing employees, and for the amount of	5529
payroll of the party attributable to these employees;	5530

(b) The number of agreements the terms of which a party has	5531
failed to comply with, indicating separately for each such	5532
agreement the value of the real and personal property exempted	5533
pursuant to the agreement and a comparison of the stipulated and	5534
actual schedules for hiring new employees, for retaining existing	5535
employees, and for the amount of payroll of the enterprise	5536
attributable to these employees;	5537

(c) The number of agreements about which the tax incentive	5538
review council made recommendations to the legislative authority,	5539
and the number of such recommendations that have not been	5540
followed;	5541

(d) The number of agreements rescinded during the calendar	5542
year for which the report is submitted.	5543

(5) The number of parties subject to agreements that expanded	5544
within each area, including the number of new employees hired and	5545
existing employees retained by that party, and the number of new	5546
parties subject to agreements that established within each area,	5547
including the number of new employees hired by each party;	5548

(6) For each agreement in effect during any part of the	5549
preceding year, the number of employees employed by the party at	5550
the property that is the subject of the agreement immediately	5551
prior to formal approval of the agreement, the number of employees	5552
employed by the party at that property on the thirty-first day of	5553
December of the preceding year, the payroll of the party for the	5554
preceding year, the amount of taxes paid on real property that was	5555
exempted under the agreement, and the amount of such taxes that	5556
were not paid because of the exemption.	5557

(B) Upon the failure of a municipal corporation or county to	5558
comply with division (A) of this section:	5559

(1) Beginning on the first day of April of the calendar year	5560
in which the municipal corporation or county fails to comply with	5561
that division, the municipal corporation or county shall not enter	5562
into any agreements under section 3735.671 of the Revised Code	5563
until the municipal corporation or county has complied with	5564
division (A) of this section.	5565

(2) On the first day of each ensuing calendar month until the	5566
municipal corporation or county complies with that division, the	5567
director of development services shall either order the proper	5568
county auditor to deduct from the next succeeding payment of taxes	5569
to the municipal corporation or county under section 321.31,	5570
321.32, 321.33, or 321.34 of the Revised Code an amount equal to	5571
five hundred dollars for each calendar month the municipal	5572
corporation or county fails to comply with that division, or order	5573
the county auditor to deduct such an amount from the next	5574
succeeding payment to the municipal corporation or county from the	5575
undivided local government fund under section 5747.51 of the	5576
Revised Code. At the time such a payment is made, the county	5577
auditor shall comply with the director's order by issuing a	5578
warrant, drawn on the fund from which such money would have been	5579
paid, to the director of development services, who shall deposit	5580
the warrant into the state community reinvestment area program	5581
administration fund created in division (C) of this section.	5582

(C) The director, by rule, shall establish the state's	5583
application fee for applications submitted to a municipal	5584
corporation or county to enter into an agreement under section	5585
3735.671 of the Revised Code. In establishing the amount of the	5586
fee, the director shall consider the state's cost of administering	5587
the community reinvestment area program, including the cost of	5588
reviewing the reports required under division (A) of this section.	5589
The director may change the amount of the fee at such times and in	5590
such increments as the director considers necessary. Any municipal	5591
corporation or county that receives an application shall collect	5592
the application fee and remit the fee for deposit in the state	5593
treasury to the credit of the ~~tax incentive programs operating~~	5594
business assistance fund created in section 122.174 of the Revised	5595
Code.	5596

Sec. 3746.35. (A) Not later than September 1, 1996, and not	5597
later than the first day of September of each subsequent year, the	5598
director of environmental protection shall prepare and submit to	5599
the chairpersons of the respective standing committees of the	5600
senate and house of representatives primarily responsible for	5601
considering environmental and taxation matters a report regarding	5602
the voluntary action program established under this chapter and	5603
rules adopted under it and the tax abatements granted pursuant to	5604
sections 5709.87 and 5709.88 of the Revised Code for properties	5605
where voluntary actions were conducted. Each annual report shall	5606
include, without limitation, all of the following:	5607

(1) Both of the following for each property for which a	5608
covenant not to sue was issued under section 3746.12 of the	5609
Revised Code during the preceding calendar year:	5610

(a) The address of the property and name of the person who	5611
undertook the voluntary action at the property;	5612

(b) Whether the applicable standards governing the voluntary	5613
action were the interim standards established in section 3746.07	5614
of the Revised Code or the generic numerical clean-up standards	5615
established in rules adopted under division (B)(1) of section	5616
3746.04 of the Revised Code, were established through the	5617
performance of a risk assessment pursuant to rules adopted under	5618
division (B)(2) of section 3746.04 of the Revised Code, or were	5619
set forth in a variance issued under section 3746.09 of the	5620
Revised Code.	5621

(2) All of the following for each property for which a	5622
variance was issued under section 3746.09 of the Revised Code	5623
during the preceding calendar year:	5624

(a) The address of the property and the name of the person to	5625
whom the variance was issued;	5626

(b) A summary of the alternative standards and terms and	5627
conditions of the variance and brief description of the	5628
improvement in environmental conditions at the property that is	5629
anticipated to result from compliance with the alternative	5630
standards and terms and conditions set forth in the variance;	5631

(c) A brief description of the economic benefits to the	5632
person to whom the variance was issued and the community in which	5633
the property is located that are anticipated to result from the	5634
undertaking of the voluntary action in compliance with the	5635
alternative standards and terms and conditions set forth in the	5636
variance.	5637

(3) The number of audits performed under section 3746.17 of	5638
the Revised Code during the preceding calendar year and, in	5639
connection with each of them, at least the following information:	5640

(a) The address of the property in connection with which the	5641
audit was performed and the name of the person who undertook the	5642
voluntary action at the property;	5643

(b) An indication as to whether the audit was a random audit	5644
or was conducted in accordance with the priorities established in	5645
rules adopted under divisions (A)(9)(a) to (f) of section 3746.04	5646
of the Revised Code and, if the audit was conducted in accordance	5647
with those priorities, an indication as to which of them resulted	5648
in the selection of the voluntary action for an audit;	5649

(c) A brief summary of the findings of the audit and any	5650
action taken by the environmental protection agency as a result of	5651
those findings.	5652

(4) The number of covenants not to sue revoked during the	5653
preceding calendar year through the operation of divisions	5654
(A)(2)(c) and (B) of section 3746.12, division (B)(2) of section	5655
3746.18, and division (B) of section 3746.19 of the Revised Code	5656
and for each property for which a covenant was revoked, at least	5657
both of the following:	5658

(a) The address of the property affected by the revocation	5659
and name of the person who undertook the voluntary action at the	5660
property;	5661

(b) The reason for the revocation.

5662

(5) The amount of money credited to the voluntary action	5663
administration fund created in section 3746.16 of the Revised Code	5664
during the preceding fiscal year from the fees established in	5665
divisions (D) and (H) of section 3746.07 and division (C) of	5666
section 3746.13 of the Revised Code and from civil penalties	5667
imposed under section 3746.22 of the Revised Code. The report	5668
shall indicate the amount of money that arose from each of the	5669
fees and from the civil penalties. The report also shall include	5670
the amount of money expended from the fund during the preceding	5671
fiscal year by program category, including, without limitation,	5672
the amount expended for conducting audits under section 3746.17 of	5673
the Revised Code during the preceding fiscal year.	5674

(6) For each property that is receiving a tax abatement under	5675
section 5709.87 of the Revised Code for the preceding tax year,	5676
the amount of the valuation exempted from real property taxation	5677
for that tax year under that section. In order to comply with	5678
division (A)(6) of this section, the director shall include in the	5679
annual report the report required ~~to be provided to the director~~	5680
~~by the director of development~~ under division (B)(2) of this	5681
section. ~~The sole responsibility of the director of environmental~~	5682
~~protection regarding the report provided to the director under~~	5683
~~that division is to include it in the annual report prepared under~~	5684
~~division (A) of this section.~~	5685

(7) For each property that is receiving a tax abatement	5686
pursuant to an agreement with a municipal corporation or county	5687
entered into under section 5709.88 of the Revised Code, the amount	5688
of the valuation exempted from real or personal property taxation.	5689
In order to comply with division (A)(7) of this section, the	5690
director shall include in the annual report the report required to	5691
~~be provided to the director by the director of development~~ under	5692
division (C) of this section. ~~The sole responsibility of the~~	5693
~~director of environmental protection regarding the report provided~~	5694
~~to the director under that division is to include it in the annual~~	5695
~~report prepared under division (A) of this section.~~	5696

(B)(1) Not later than March 31, 1996, the county auditor of	5697
each county in which is located any property that is receiving a	5698
tax abatement under section 5709.87 of the Revised Code shall	5699
report to the director of ~~development~~environmental protection for	5700
each such property both of the following as applicable to tax year	5701
1995:	5702

(a) The address of the property and the name of the owner as	5703
stated in the records of the county auditor of the county in which	5704
the property is located;	5705

(b) The amount of the valuation of the property that was	5706
exempted from real property taxation under that section.	5707

Not later than the thirty-first day of March of each	5708
subsequent year, each such county auditor shall report the	5709
information described in those divisions to the director of	5710
~~development~~environmental protection for each property within the	5711
county that is receiving a tax abatement under that section for	5712
the preceding tax year.	5713

(2) Not later than July 1, 1996, and not later than the first	5714
day of July of each subsequent year, the director of ~~development~~	5715
environmental protection shall compile the information provided to	5716
the director under division (B)(1) of this section applicable to	5717
the preceding tax year into a report covering all of the counties	5718
in the state in which are located properties receiving a tax	5719
abatement under section 5709.87 of the Revised Code for the	5720
preceding tax year ~~and shall forward the report to the director of~~	5721
~~environmental protection. The sole responsibility of the director~~	5722
~~of development in preparing the report is to compile the~~	5723
~~information submitted to the director by the county auditors under~~	5724
~~division (B)(1) of this section~~.	5725

(C) Not later than July 1, 1996, and not later than the first	5726
day of July of each subsequent year, the director of ~~development~~	5727
environmental protection shall compile the information provided to	5728
the director by municipal corporations and counties under division	5729
(A) of section 5709.882 of the Revised Code applicable to the	5730
preceding calendar year into a report covering, by county, all of	5731
the municipal corporations and counties in this state in which are	5732
located properties receiving a tax abatement pursuant to an	5733
agreement entered into under section 5709.88 of the Revised Code	5734
~~and shall forward the report to the director of environmental~~	5735
~~protection. The sole responsibility of the director of development~~	5736
~~in preparing the report is to compile the information submitted to~~	5737
~~him by municipal corporations and counties under division (A) of~~	5738
~~section 5709.882 of the Revised Code~~.	5739

Sec. 5117.22. All petroleum violation escrow funds received	5740
by this state from the federal government shall be deposited in	5741
the state treasury to the credit of the energy oil overcharge	5742
fund, which is hereby created. The fund shall be used by the	5743
~~department of~~ development services agency for energy conservation	5744
and assistance programs approved by the United States department	5745
of energy. All investment earnings of the fund shall be credited	5746
to the fund.	5747

Sec. 5701.15. As used in Title LVII of the Revised Code,	5748
"department of development" means the development services agency	5749
and "director of development" means the director of development	5750
services.	5751

Sec. 5709.68. (A) On or before the thirty-first day of March	5752
each year, a municipal corporation or county that has entered into	5753
an agreement with an enterprise under section 5709.62, 5709.63, or	5754
5709.632 of the Revised Code shall submit to the director of	5755
development services and the board of education of each school	5756
district of which a municipal corporation or township to which	5757
such an agreement applies is a part a report on all of those	5758
agreements in effect during the preceding calendar year. The	5759
report shall include all of the following information:	5760

(1) The designation, assigned by the director of development	5761
services, of each urban jobs and enterprise zone within the	5762
municipal corporation or county, the date each zone was certified,	5763
the name of each municipal corporation or township within each	5764
zone, and the total population of each zone according to the most	5765
recent data available;	5766

(2) The number of enterprises that are subject to those	5767
agreements and the number of full-time employees subject to those	5768
agreements within each zone, each according to the most recent	5769
data available and identified and categorized by the appropriate	5770
standard industrial code, and the rate of unemployment in the	5771
municipal corporation or county in which the zone is located for	5772
each year since each zone was certified;	5773

(3) The number of agreements approved and executed during the	5774
calendar year for which the report is submitted, the total number	5775
of agreements in effect on the thirty-first day of December of the	5776
preceding calendar year, the number of agreements that expired	5777
during the calendar year for which the report is submitted, and	5778
the number of agreements scheduled to expire during the calendar	5779
year in which the report is submitted. For each agreement that	5780
expired during the calendar year for which the report is	5781
submitted, the municipal corporation or county shall include the	5782
amount of taxes exempted and the estimated dollar value of any	5783
other incentives provided under the agreement.	5784

(4) The number of agreements receiving compliance reviews by	5785
the tax incentive review council in the municipal corporation or	5786
county during the calendar year for which the report is submitted,	5787
including all of the following information:	5788

(a) The number of agreements the terms of which an enterprise	5789
has complied with, indicating separately for each agreement the	5790
value of the real and personal property exempted pursuant to the	5791
agreement and a comparison of the stipulated and actual schedules	5792
for hiring new employees, for retaining existing employees, for	5793
the amount of payroll of the enterprise attributable to these	5794
employees, and for investing in establishing, expanding,	5795
renovating, or occupying a facility;	5796

(b) The number of agreements the terms of which an enterprise	5797
has failed to comply with, indicating separately for each	5798
agreement the value of the real and personal property exempted	5799
pursuant to the agreement and a comparison of the stipulated and	5800
actual schedules for hiring new employees, for retaining existing	5801
employees, for the amount of payroll of the enterprise	5802
attributable to these employees, and for investing in	5803
establishing, expanding, renovating, or occupying a facility;	5804

(c) The number of agreements about which the tax incentive	5805
review council made recommendations to the legislative authority	5806
of the municipal corporation or county, and the number of those	5807
recommendations that have not been followed;	5808

(d) The number of agreements rescinded during the calendar	5809
year for which the report is submitted.	5810

(5) The number of enterprises that are subject to agreements	5811
that expanded within each zone, including the number of new	5812
employees hired and existing employees retained by each	5813
enterprise, and the number of new enterprises that are subject to	5814
agreements and that established within each zone, including the	5815
number of new employees hired by each enterprise;	5816

(6)(a) The number of enterprises that are subject to	5817
agreements and that closed or reduced employment at any place of	5818
business within the state for the primary purpose of establishing,	5819
expanding, renovating, or occupying a facility, indicating	5820
separately for each enterprise the political subdivision in which	5821
the enterprise closed or reduced employment at a place of business	5822
and the number of full-time employees transferred and retained by	5823
each such place of business;	5824

(b) The number of enterprises that are subject to agreements	5825
and that closed or reduced employment at any place of business	5826
outside the state for the primary purpose of establishing,	5827
expanding, renovating, or occupying a facility.	5828

(7) For each agreement in effect during any part of the	5829
preceding year, the number of employees employed by the enterprise	5830
at the project site immediately prior to formal approval of the	5831
agreement, the number of employees employed by the enterprise at	5832
the project site on the thirty-first day of December of the	5833
preceding year, the payroll of the enterprise for the preceding	5834
year, the amount of taxes paid on tangible personal property	5835
situated at the project site and the amount of those taxes that	5836
were not paid because of the exemption granted under the	5837
agreement, and the amount of taxes paid on real property	5838
constituting the project site and the amount of those taxes that	5839
were not paid because of the exemption granted under the	5840
agreement. If an agreement was entered into under section 5709.632	5841
of the Revised Code with an enterprise described in division	5842
(B)(2) of that section, the report shall include the number of	5843
employee positions at all of the enterprise's locations in this	5844
state. If an agreement is conditioned on a waiver issued under	5845
division (B) of section 5709.633 of the Revised Code on the basis	5846
of the circumstance described in division (B)(3)(a) or (b) of that	5847
section, the report shall include the number of employees at the	5848
facilities referred to in division (B)(3)(a)(i) or (b)(i) of that	5849
section, respectively.	5850

(B) Upon the failure of a municipal corporation or county to	5851
comply with division (A) of this section:	5852

(1) Beginning on the first day of April of the calendar year	5853
in which the municipal corporation or county fails to comply with	5854
that division, the municipal corporation or county shall not enter	5855
into any agreements with an enterprise under section 5709.62,	5856
5709.63, or 5709.632 of the Revised Code until the municipal	5857
corporation or county has complied with division (A) of this	5858
section.	5859

(2) On the first day of each ensuing calendar month until the	5860
municipal corporation or county complies with division (A) of this	5861
section, the director of development services shall either order	5862
the proper county auditor to deduct from the next succeeding	5863
payment of taxes to the municipal corporation or county under	5864
section 321.31, 321.32, 321.33, or 321.34 of the Revised Code an	5865
amount equal to one thousand dollars for each calendar month the	5866
municipal corporation or county fails to comply with that	5867
division, or order the county auditor to deduct that amount from	5868
the next succeeding payment to the municipal corporation or county	5869
from the undivided local government fund under section 5747.51 of	5870
the Revised Code. At the time such a payment is made, the county	5871
auditor shall comply with the director's order by issuing a	5872
warrant, drawn on the fund from which the money would have been	5873
paid, to the director of development services, who shall deposit	5874
the warrant into the state enterprise zone program administration	5875
fund created in division (C) of this section.	5876

(C) The director, by rule, shall establish the state's	5877
application fee for applications submitted to a municipal	5878
corporation or county to enter into an agreement under section	5879
5709.62, 5709.63, or 5709.632 of the Revised Code. In establishing	5880
the amount of the fee, the director shall consider the state's	5881
cost of administering the enterprise zone program, including the	5882
cost of reviewing the reports required under division (A) of this	5883
section. The director may change the amount of the fee at the	5884
times and in the increments the director considers necessary. Any	5885
municipal corporation or county that receives an application shall	5886
collect the application fee and remit the fee for deposit in the	5887
state treasury to the credit of the ~~tax incentive programs~~	5888
~~operating~~business assistance fund created in section 122.174 of	5889
the Revised Code.	5890

(D) On or before the thirtieth day of June each year, the	5891
director of development services shall certify to the tax	5892
commissioner the information described under division (A)(7) of	5893
this section, derived from the reports submitted to the director	5894
under this section.	5895

On the basis of the information certified under this	5896
division, the tax commissioner annually shall submit a report to	5897
the governor, the speaker of the house of representatives, the	5898
president of the senate, and the chairpersons of the ways and	5899
means committees of the respective houses of the general assembly,	5900
indicating for each enterprise zone the amount of state and local	5901
taxes that were not required to be paid because of exemptions	5902
granted under agreements entered into under section 5709.62,	5903
5709.63, or 5709.632 of the Revised Code and the amount of	5904
additional taxes paid from the payroll of new employees.	5905

Sec. 6103.052. (A) ~~A board of county commissioners may apply~~	5906
~~to the water and sewer commission, created by division (C) of~~	5907
~~section 1525.11 of the Revised Code, for an advance of moneys from~~	5908
~~the water and sewer fund, created by division (A) of section~~	5909
~~1525.11 of the Revised Code, in an amount equal to that portion of~~	5910
~~the costs of an improvement authorized under sections 6103.02 to~~	5911
~~6103.30 of the Revised Code which is to be financed by assessments~~	5912
~~whose collection is deferred pursuant to division (B) of this~~	5913
~~section. The application for such an advance of moneys shall be~~	5914
~~made in the manner prescribed by rules of the commission.~~	5915

~~(B)~~ At any time prior to the expiration of the five-day	5916
period provided by section 6103.05 of the Revised Code for the	5917
filing of written objections, any owner of property which is	5918
classified on the general tax list of the county auditor as	5919
agricultural land and has been assessed for the extension of a	5920
main water line over or along such property under sections 6103.02	5921
to 6103.30 of the Revised Code may file with the board of county	5922
commissioners a request in writing for deferment of the collection	5923
of ~~his~~the owner's assessment if the main water line ~~serves a~~	5924
~~purpose set forth in section 1525.13 of the Revised Code for which~~	5925
~~the water and sewer fund may be used~~provides water facilities to	5926
aid in the establishment of new industrial plants, the expansion	5927
of existing industrial plants, or such other industrial	5928
development, or provides water facilities to aid in the	5929
establishment of commercial and residential developments. Such	5930
request shall identify the property in connection with which the	5931
request for deferment is made, shall describe its present use and	5932
present classification on the general tax list of the county	5933
auditor, shall state its estimated market value, showing	5934
separately the value of the land and the value of the buildings	5935
thereon, shall state the reasons, if any, why a portion of the	5936
benefit of the improvement will not be realized until the use of	5937
the land is changed, and shall state the amount to be deferred.	5938
The board shall promptly consider such request and may order the	5939
deferment of the collection of that portion of the assessment	5940
representing a benefit from the improvement that will not be	5941
realized until the use of the land is changed. The board may, upon	5942
request of an owner whose property has been assessed for the	5943
extension of a main water line over or along such property under	5944
sections 6103.02 to 6103.31 of the Revised Code, defer all or any	5945
part of the assessment on property which is classified on the	5946
general tax list of the county auditor as agricultural land, by	5947
attributing the amount of such assessment or part thereof as	5948
tap-in charges, if the main water line ~~serves a purpose set forth~~	5949
~~in section 1525.13 of the Revised Code for which the water and~~	5950
~~sewer fund may be used. A deferment under this section may be~~	5951
~~conditioned upon the approval of the advance of moneys applied for~~	5952
~~pursuant to division (A) of this section, and a maximum length of~~	5953
~~the deferment may be fixed to coincide with the maximum time~~	5954
~~within which the advance must be repaid. The decision on the~~	5955
~~request for deferment of collection of assessments shall be made~~	5956
~~pursuant to standards established by rules of the commission~~	5957
provides water facilities to aid in the establishment of new	5958
industrial plants, the expansion of existing industrial plants, or	5959
such other industrial development, or provides water facilities to	5960
aid in the establishment of commercial and residential	5961
developments. Upon determination and approval of final	5962
assessments, the board of county commissioners shall certify all	5963
deferred assessments and a fee equal to ~~any fee paid by the board~~	5964
~~to the commission pursuant to division (C) of section 1525.12 of~~	5965
~~the Revised Code attributable to the~~two per cent of the amount of	5966
the deferred assessments to the county auditor. For purposes of	5967
this section, "assessment," "deferred assessment," or "assessment	5968
deferred under this section" mean the fee and the deferred	5969
assessment certified to the county auditor. The county auditor	5970
shall record an assessment deferred under this section in the	5971
water works record. Such record shall be kept until such time as	5972
the assessments are paid in full or certified for collection in	5973
installments as provided in this section. During the time when the	5974
assessment is deferred there shall be a lien on the property	5975
assessed, which lien shall arise at the time of recordation by the	5976
county auditor and shall be in force until the assessments are	5977
paid in full or certified for collection in installments.	5978

~~(C)~~(B) The board of county commissioners shall defer the	5979
collection of an assessment, except the amount of such assessment	5980
or part thereof attributable as tap-in charges, which has been	5981
deferred pursuant to division ~~(B)~~(A) of this section on or before	5982
January 1, 1987, beyond the expiration of the maximum time for the	5983
original deferment if the property owner requests in writing, no	5984
later than six months prior to the expiration of the original	5985
deferment, that the assessment be further deferred and as long as	5986
the property owner's land could qualify for placement in an	5987
agricultural district pursuant to section 929.02 of the Revised	5988
Code.	5989

The board shall regularly review the use and ownership of the	5990
property for which the collection of assessments has been deferred	5991
pursuant to this division, and upon finding that the land could no	5992
longer qualify for placement in an agricultural district pursuant	5993
to section 929.02 of the Revised Code, the board shall immediately	5994
collect, without interest, the full amount of the assessment	5995
deferred ~~and repay the commission the amount of any moneys~~	5996
~~advanced by it in regard to such assessment. The board shall pay~~	5997
~~all such amounts to the commission in one annual payment or longer~~	5998
~~period as approved by the commission. The board shall pay, from~~	5999
~~the general funds of the county, interest annually at the interest~~	6000
~~rate per annum equal to that rate of interest published as the~~	6001
~~20-bond index rate in "The Bond Buyer" minus four per cent per~~	6002
~~annum or at five per cent per annum, whichever is greater, for any~~	6003
~~moneys not repaid to the commission pursuant to this division~~	6004
~~within one year of the date of the disqualification of the~~	6005
~~property for the continual deferment which requires such~~	6006
~~repayment. The interest rate for any moneys not repaid to the~~	6007
~~commission shall be calculated one year from the date of the~~	6008
~~disqualification of the property for the continual deferment which~~	6009
~~requires such repayment, and annually thereafter~~.	6010

~~(D)~~(C) The board of county commissioners shall send a notice	6011
by regular or certified mail to all owners of property on which	6012
assessments have been deferred pursuant to division ~~(B)~~(A) of this	6013
section, which lists the expiration of the deferment, not later	6014
than two hundred ten days prior to the expiration of the deferment	6015
of those assessments.	6016

~~(E)~~(D) The board shall collect the assessments, without	6017
interest, which have been deferred pursuant to division ~~(B)~~(A) of	6018
this section upon expiration of the maximum time for which	6019
deferments were made ~~and repay the commission the amount of any~~	6020
~~moneys advanced by it in regard to such assessments~~; provided,	6021
that for a property owner who requests in writing, no later than	6022
six months prior to the expiration of the deferment period, that	6023
payment of ~~his~~the owner's deferred assessments be in	6024
installments, the board of county commissioners upon expiration of	6025
the deferment period may by resolution further certify for	6026
collection pursuant to section 6103.16 of the Revised Code, such	6027
deferred assessments in installments over not more than twenty	6028
years, as determined by the board, together with interest thereon	6029
each year on the unpaid balance at the same rate borne by bonds of	6030
the county which shall be issued in anticipation thereof as	6031
provided in Chapter 133. of the Revised Code~~, and the proceeds of~~	6032
~~the bond issue used to repay such deferred assessments to the~~	6033
~~commission~~.	6034

Assessments which have been deferred by attribution as tap-in	6035
charges under division ~~(B)~~(A) of this section shall be collected	6036
as deferred assessments at that time. ~~As the board collects tap-in~~	6037
~~charges which are deferred assessments under division (B) of this~~	6038
~~section, it shall repay the commission the amount thereof which~~	6039
~~was advanced by it in regard to such assessments.~~ An owner of	6040
property for which assessments have been deferred under division	6041
~~(B)~~(A) of this section, in requesting a tap-in may, subject to the	6042
approval of the board, designate a part of an entire assessed	6043
tract as the part which the tap-in is to serve, and the board	6044
shall collect the deferred assessment on that tract in the	6045
proportion that the part bears to the entire tract, on a front	6046
foot or other basis approved by the commission, but if in the	6047
judgment of the board the tap-in is reasonably intended to serve	6048
the entire tract or substantially all of the tract, it shall	6049
collect the deferred assessment for the entire tract.	6050

Prior to the expiration of the maximum time of deferment, the	6051
board shall regularly review the use of the property for which the	6052
collection of assessments has been deferred and upon finding,	6053
~~pursuant to the rules of the commission,~~ that the use of the land	6054
has changed from the use at the time of the deferment so that the	6055
benefit of the improvement can then be realized, the board shall	6056
immediately collect the full amount of the assessment for the	6057
portion of the property for which the use has so changed, without	6058
interest~~, and repay the commission the amount of any moneys~~	6059
~~advanced by it in regard to such assessment. The board shall pay~~	6060
~~all such amounts to the commission in one annual payment or longer~~	6061
~~period as approved by the commission. The board of county~~	6062
~~commissioners shall pay, from the general funds of the county,~~	6063
~~interest annually at the interest rate per annum equal to that~~	6064
~~rate of interest published as the 20-bond index rate in "The Bond~~	6065
~~Buyer" minus four per cent per annum or at five per cent per~~	6066
~~annum, whichever is greater, for any moneys not repaid to the~~	6067
~~commission pursuant to this division within one year of the date~~	6068
~~of the change in the use of property requiring such repayment, or~~	6069
~~of the date upon which payment of a tap-in charge is required by~~	6070
~~law to be made, whichever date is applicable. The interest rate~~	6071
~~for any moneys not repaid to the commission shall be calculated~~	6072
~~one year from the date of the change in the use of property~~	6073
~~requiring such repayment or from the date upon which payment of a~~	6074
~~tap-in charge is required by law to be made, whichever date is~~	6075
~~applicable, and annually thereafter~~.	6076

Sec. 6117.062. (A) ~~A board of county commissioners may apply~~	6077
~~to the water and sewer commission, created by division (C) of~~	6078
~~section 1525.11 of the Revised Code, for an advance of moneys from~~	6079
~~the water and sewer fund, created by division (A) of section~~	6080
~~1525.11 of the Revised Code, in an amount equal to that portion of~~	6081
~~the costs of an improvement authorized under sections 6117.01 to~~	6082
~~6117.45 of the Revised Code which is to be financed by assessments~~	6083
~~whose collection is deferred pursuant to division (B) of this~~	6084
~~section. The application for such an advance of moneys shall be~~	6085
~~made in the manner prescribed by rules of the commission.~~	6086

~~(B)~~ At any time prior to the expiration of the five-day	6087
period provided by section 6117.06 of the Revised Code for the	6088
filing of written objections, any owner of property which is	6089
classified on the general tax list of the county auditor as	6090
agricultural land and has been assessed for the extension of a	6091
trunk sewer line over or along such property under sections	6092
6117.01 to 6117.45 of the Revised Code may file with the board of	6093
county commissioners a request in writing for deferment of the	6094
collection of ~~his~~the assessment if the trunk sewer line ~~serves a~~	6095
~~purpose, as set forth in section 1525.13 of the Revised Code, for~~	6096
~~which the fund may be used~~provides sewer facilities to aid in the	6097
establishment of new industrial plants, the expansion of existing	6098
industrial plants, or such other industrial development, or	6099
provides sewer facilities to aid in the establishment of	6100
commercial and residential developments. Such request shall	6101
identify the property in connection with which the request for	6102
deferment is made, shall describe its present use and present	6103
classification on the general tax list of the county auditor,	6104
shall state its estimated market value, showing separately the	6105
value of the land and the value of the buildings thereon, shall	6106
state the reasons, if any, why a portion of the benefit of the	6107
improvement will not be realized until the use of the land is	6108
changed, and shall state the amount to be deferred. The board	6109
shall promptly consider such request and may order the deferment	6110
of the collection of that portion of the assessment representing a	6111
benefit from the improvement which will not be realized until the	6112
use of the land is changed. The board may, upon request of an	6113
owner whose property has been assessed for the extension of a	6114
trunk sewer line over or along such property under sections	6115
6117.01 to 6117.45 of the Revised Code, defer all or any part of	6116
the assessment on property which is classified on the general tax	6117
list as agricultural land, by attributing the amount of such	6118
assessment or part thereof as tap-in charges, if the trunk sewer	6119
line ~~serves a purpose set forth in section 1525.13 of the Revised~~	6120
~~Code for which the fund may be used. A deferment under this~~	6121
~~section may be conditioned upon the approval of the advance of~~	6122
~~moneys applied for pursuant to division (A) of this section, and a~~	6123
~~maximum length of the deferment may be fixed to coincide with the~~	6124
~~maximum time within which the advance must be repaid. The decision~~	6125
~~on the request for deferment of collection of assessments shall be~~	6126
~~made pursuant to standards established by rules of the commission~~	6127
provides sewer facilities to aid in the establishment of new	6128
industrial plants, the expansion of existing industrial plants, or	6129
such other industrial development, or provides sewer facilities to	6130
aid in the establishment of commercial and residential	6131
developments. Upon determination and approval of final	6132
assessments, the board of county commissioners shall certify all	6133
deferred assessments and a fee equal to ~~any fee paid by the board~~	6134
~~to the commission pursuant to division (C) of section 1525.12 of~~	6135
~~the Revised Code attributable to the deferred payments~~two per	6136
cent of the amount of the deferred assessments to the county	6137
auditor. For purposes of this section, "assessment," "deferred	6138
assessment," or "assessment deferred under this section" mean the	6139
fee and the deferred assessment certified to the county auditor.	6140
The county auditor shall record an assessment deferred under this	6141
section in the sewer improvement record. Such record shall be kept	6142
until such time as the assessments are paid in full or certified	6143
for collection in installments as provided in this section. During	6144
the time when the assessment is deferred there shall be a lien on	6145
the property assessed, which lien shall arise at the time of	6146
recordation by the county auditor and which shall be in force	6147
until the assessments are paid in full or certified for collection	6148
in installments.	6149

~~(C)~~(B) The board of county commissioners shall defer the	6150
collection of an assessment, except the amount of such assessment	6151
or part thereof attributable as tap-in charges, which has been	6152
deferred pursuant to division ~~(B)~~(A) of this section on or before	6153
January 1, 1987, beyond the expiration of the maximum time for the	6154
original deferment if the property owner requests in writing, no	6155
later than six months prior to the expiration of the original	6156
deferment, that the assessment be further deferred and as long as	6157
the property owner's land could qualify for placement in an	6158
agricultural district pursuant to section 929.02 of the Revised	6159
Code.	6160

The board shall regularly review the use and ownership of the	6161
property for which the collection of assessments has been deferred	6162
pursuant to this division, and upon finding that the land could no	6163
longer qualify for placement in an agricultural district pursuant	6164
to section 929.02 of the Revised Code, the board shall immediately	6165
collect, without interest, the full amount of the assessment	6166
deferred ~~and repay the commission the amount of any moneys~~	6167
~~advanced by it in regard to such assessment. The board shall pay~~	6168
~~all such amounts to the commission in one annual payment or longer~~	6169
~~period as approved by the commission. The board shall pay, from~~	6170
~~the general funds of the county, interest annually at the interest~~	6171
~~rate per annum equal to that rate of interest published as the~~	6172
~~20-bond index rate in "The Bond Buyer" minus four per cent per~~	6173
~~annum or at five per cent per annum, whichever rate is greater,~~	6174
~~for any moneys not repaid to the commission pursuant to this~~	6175
~~division within one year of the date of the disqualification of~~	6176
~~the property for the continual deferment which requires such~~	6177
~~repayment. The interest rate for any moneys not repaid to the~~	6178
~~commission shall be calculated one year from the date of the~~	6179
~~disqualification of the property for the continual deferment which~~	6180
~~requires such repayment, and annually thereafter~~.	6181

~~(D)~~(C) The board of county commissioners shall send a notice	6182
by regular or certified mail to all owners of property on which	6183
assessments have been deferred pursuant to division ~~(B)~~(A) of this	6184
section, which lists the expiration of the deferment, not later	6185
than two hundred ten days prior to the expiration of the deferment	6186
of those assessments.	6187

~~(E)~~(D) The board shall collect assessments, without interest,	6188
which have been deferred pursuant to division ~~(B)~~(A) of this	6189
section upon expiration of the maximum time for which deferments	6190
were made ~~and repay the commission the amount of any moneys~~	6191
~~advanced by it in regard to such assessments~~; provided that for a	6192
property owner who requests in writing, no later than six months	6193
prior to the expiration of the deferment period, that payment of	6194
~~his~~the deferred assessments be in installments, the board of	6195
county commissioners upon expiration of the deferment period may	6196
by resolution further certify for collection pursuant to section	6197
6117.33 of the Revised Code, such deferred assessments in	6198
installments over not more than twenty years, as determined by the	6199
board, together with interest thereon each year on the unpaid	6200
balance at the same rate borne by bonds of the county which shall	6201
be issued in anticipation thereof as provided in Chapter 133. of	6202
the Revised Code~~, and the proceeds of the bond issue used to repay~~	6203
~~such deferred assessments to the commission~~. Prior to the	6204
expiration of the maximum time of deferment, the board shall	6205
regularly review the use of the property for which the collection	6206
of assessments has been deferred and upon finding~~, pursuant to the~~	6207
~~rules of the commission,~~ that the use of the land has changed from	6208
the use at the time of the deferment so that the benefit of the	6209
improvement can then be realized, the board shall immediately	6210
collect the full amount of the assessment for the portion of the	6211
property for which the use has so changed, without interest~~, and~~	6212
~~repay the commission the amount of any moneys advanced by it in~~	6213
~~regard to such assessment. The board shall pay all such amounts to~~	6214
~~the commission in one annual payment or longer period as approved~~	6215
~~by the commission. The board shall pay, from the general funds of~~	6216
~~the county, interest annually at the interest rate per annum equal~~	6217
~~to that rate of interest published as the 20-bond index rate in~~	6218
~~"The Bond Buyer" minus four per cent per annum or at five per cent~~	6219
~~per annum, whichever is greater, for any moneys not repaid to the~~	6220
~~commission pursuant to this division within one year of the date~~	6221
~~of the change in the use of property requiring such repayment, or~~	6222
~~of the date upon which payment of a tap-in charge is required by~~	6223
~~law to be made, whichever date is applicable. The interest rate~~	6224
~~for any moneys not repaid to the commission shall be calculated~~	6225
~~one year from the date of the change in the use of property~~	6226
~~requiring such repayment or from the date upon which payment of a~~	6227
~~tap-in charge is required by law to be made, whichever date is~~	6228
~~applicable, and annually thereafter~~.	6229

Section 2. That existing sections 9.981, 102.03, 121.02,	6230
121.03, 121.22, 122.01, 122.011, 122.07, 122.071, 122.17, 122.171,	6231
122.174, 122.175, 122.39, 122.41, 122.42, 122.43, 122.44, 122.48,	6232
122.49, 122.50, 122.51, 122.52, 122.53, 122.561, 122.57, 122.60,	6233
122.601, 122.602, 122.603, 122.61, 122.62, 122.64, 122.76, 122.80,	6234
122.86, 149.43, 164.05, 164.06, 164.08, 166.01, 166.04, 166.05,	6235
166.13, 166.14, 166.18, 166.19, 166.25, 166.30, 174.01, 184.01,	6236
184.02, 187.01, 187.03, 187.04, 187.05, 929.03, 1551.01, 3735.672,	6237
3746.35, 5117.22, 5709.68, 6103.052, and 6117.062 and sections	6238
1525.11, 1525.12, 1525.13, and 6111.034 of the Revised Code are	6239
hereby repealed.	6240

Section 3. Section 122.40 of the Revised Code is hereby	6241
repealed, effective July 1, 2012.	6242

Section 4. In enacting this act, it is the intent of the	6243
General Assembly that changing the name of the "Department of	6244
Development" to the Development Services Agency and the name of	6245
the "Director of Development" to the Director of Development	6246
Services does not do either of the following:	6247

(A) Make substantive changes in statutory law;

6248

(B) Cause unnecessary expense. The letterhead, forms, printed	6249
materials, and signage displaying the former name of the	6250
Department may be used until they are replaced.	6251

Section 5. Upon the effective date of this act, all	6252
references to the Department of Development or Director of	6253
Development in other uncodified sections of law in Am. Sub. H.B.	6254
153 of the 129th General Assembly and Am. Sub. H.B. 114 of the	6255
129th General Assembly, shall be deemed to refer to the	6256
Development Services Agency or the Director of Development	6257
Services, respectively.	6258

Section 6. (A) There is hereby established a five-year pilot	6259
program to test a new funding mechanism for the state's travel and	6260
tourism marketing. The funding mechanism shall begin operation in	6261
fiscal year 2014 and be calculated as follows:	6262

(1)(a) Not later than the twentieth day of October of each	6263
year, starting in 2013 and ending in 2017, the Tax Commissioner	6264
shall calculate the growth in fiscal year sales tax revenue from	6265
certain defined categories that are related to tourism and certify	6266
that amount to the Director of Budget and Management.	6267

(b) Not later than the twentieth day of October of each year,	6268
starting in 2013 and ending in 2017, the Commissioner shall	6269
calculate and certify to the Director the difference, if greater	6270
than zero, between the revenue collected from the tax imposed	6271
under section 5739.02 of the Revised Code during the twelve-month	6272
period ending on the last day of the preceding June and the	6273
revenue collected during the same twelve-month period one year	6274
earlier, for all vendors classified under the industry codes	6275
identified in division (A)(2) of this section. On or before the	6276
last day of October of each year, starting in 2013 and ending in	6277
2017, the Director of Budget and Management shall transfer from	6278
the General Revenue Fund to the Tourism Fund created in section	6279
122.072 of the Revised Code the amount certified by the	6280
Commissioner under this division, except that the transfer shall	6281
not exceed ten million dollars for any fiscal year.	6282

(c) Each fiscal year, beginning in fiscal year 2015, the Tax	6283
Commissioner shall adjust the ten million annual dollar limit on	6284
transfers to the Tourism Fund. The adjustment shall be made by	6285
adding to the annual limit the product of multiplying the limit	6286
for the preceding fiscal year by the sum of one plus the	6287
percentage increase in the Consumer Price Index for all urban	6288
consumers for the Midwest region, as determined by the United	6289
States Bureau of Labor Statistics, for the twelve-month period	6290
corresponding to the preceding fiscal year. The result shall be	6291
rounded to the nearest one thousand dollars. The calculation of	6292
the percentage increase in the Consumer Price Index shall be done	6293
by taking the average index value over the twelve months of the	6294
last completed fiscal year and comparing that to the average index	6295
value over the twelve months of the immediately preceding fiscal	6296
year.	6297

(2) The following industries included in the industrial	6298
classification system used by the Tax Commissioner shall be used	6299
in the computations under division (A)(1) of this section: air	6300
transportation; water transportation; interurban and rural bus	6301
transportation; taxi service; limousine service; other transit and	6302
ground passenger transportation; scenic and sightseeing	6303
transportation; support activities for air transportation;	6304
automotive equipment rental and leasing; travel arrangement and	6305
reservation services; performing arts companies; spectator sports;	6306
independent artists, writers, and performers; museums, historical	6307
sites, and similar institutions; amusement parks and arcades;	6308
gambling industries; hotels and motels; casino hotels;	6309
bed-and-breakfast inns; other travel accommodations; recreational	6310
vehicle parks and recreational camps; full-service restaurants;	6311
limited-service eating places; drinking places (alcoholic	6312
beverages).	6313

(B) The pilot program shall terminate when the last transfer	6314
of funds made in accordance with division (A)(1)(b) of this	6315
section occurs in fiscal year 2018, specifically in October 2017.	6316
At that time, the Director of Development Services, the Director	6317
of Budget and Management, and the Tax Commissioner shall jointly	6318
review the pilot program and make recommendations to the Governor	6319
and the General Assembly on whether to make the funding mechanism	6320
permanent and, if so, whether any changes should be made to it. If	6321
the recommendation is to make the funding mechanism permanent, the	6322
Director of Development Services, the Director of Budget and	6323
Management, and the Tax Commissioner shall also study and make	6324
recommendations to the Governor and the General Assembly as to	6325
whether the Office of TourismOhio and its functions should be	6326
removed from the Development Services Agency and established as a	6327
private nonprofit corporation or a subsidiary corporation of	6328
JobsOhio.	6329

Section 7. (A) As used in this section, "federal act" means	6330
the "Small Business Liability Relief and Brownfields	6331
Revitalization Act," 115 Stat. 2356 (2002), 42 U.S.C. 9601 and	6332
9604.	6333

(B) There is hereby created in the state treasury the	6334
Brownfields Revolving Loan Fund. The Fund shall consist of all	6335
moneys received by the state from the United States Department of	6336
Environmental Protection under the federal act. The Fund shall be	6337
used to make grants and loans by the Director of Development	6338
Services.	6339

(C) The Director shall administer moneys received into the	6340
Fund and comply with all requirements imposed by the federal act	6341
in its application for, and administration of, the funds as grants	6342
and loans.	6343

(D) The Director shall establish a schedule of fees and	6344
charges payable by grant and loan recipients to the Director for	6345
the administration of this section.	6346

Section 8. That Sections 261.10.40, 261.10.70, 261.20.40,	6347
261.20.50, 261.20.60, 261.20.80, 261.20.90, 261.30.10, 261.30.20,	6348
261.30.30, 261.30.40, 261.30.60, 261.30.70, 261.30.80, 261.30.90,	6349
and 261.40.10 of Am. Sub. H.B. 153 of the 129th General Assembly	6350
be amended to read as follows:	6351

Sec. 261.10.40. ~~STRATEGIC~~ BUSINESS ~~INVESTMENT DIVISION AND~~	6352
~~REGIONAL OFFICES~~DEVELOPMENT SERVICES	6353

The foregoing appropriation item 195415, ~~Strategic~~ Business	6354
~~Investment Division and Regional Offices~~Development Services,	6355
shall be used for the operating expenses of the ~~Strategic~~ Business	6356
~~Investment~~Services Division and the regional economic development	6357
offices and for grants for cooperative economic development	6358
ventures.	6359

Sec. 261.10.70. CLEAN OHIO IMPLEMENTATION

6360

The foregoing appropriation item 195426, Clean Ohio	6361
Implementation, shall be used to fund the costs of administering	6362
the Clean Ohio Revitalization program and other urban	6363
revitalization programs that may be implemented by the ~~Department~~	6364
of Development Services Agency.	6365

Sec. 261.20.40. ~~SUPPORTIVE~~DEVELOPMENT SERVICES OPERATIONS

6366

The Director of Development Services may assess ~~divisions~~	6367
offices of the ~~department~~agency for the cost of central service	6368
operations. An assessment shall contain the characteristics of	6369
administrative ease and uniform application. A division's payments	6370
shall be credited to the Supportive Services Fund (Fund 1350)	6371
using an intrastate transfer voucher.	6372

~~ECONOMIC DEVELOPMENT CONTINGENCY~~

6373

~~The foregoing appropriation item 195677, Economic Development~~	6374
~~Contingency, may be used to award funds directly to either (1)~~	6375
~~business entities considering Ohio for expansion or new site~~	6376
~~location opportunities or (2) political subdivisions to assist~~	6377
~~with necessary costs involved in attracting a business entity. In~~	6378
~~addition, the Director of Development may award funds for~~	6379
~~alternative purposes when appropriate to satisfy an economic~~	6380
~~development opportunity or need deemed extraordinary in nature by~~	6381
~~the Director.~~	6382

~~DIRECT COST RECOVERY~~DEVELOPMENT SERVICES REIMBURSABLE	6383
EXPENDITURES	6384

The foregoing appropriation item 195636, ~~Direct Cost Recovery~~	6385
Development Services Reimbursable Expenditures, shall be used for	6386
reimbursable costs incurred by the agency. Revenues to the General	6387
Reimbursement Fund (Fund 6850) shall consist of moneys charged for	6388
administrative costs that are not central service costs.	6389

Sec. 261.20.50. HEAP WEATHERIZATION

6390

Up to fifteen per cent of the federal funds deposited to the	6391
credit of the Home Energy Assistance Block Grant Fund (Fund 3K90)	6392
may be expended from appropriation item 195614, HEAP	6393
Weatherization, to provide home weatherization services in the	6394
state as determined by the Director of Development Services. Any	6395
transfers or increases in appropriation for the foregoing	6396
appropriation items 195614, HEAP Weatherization, or 195611, Home	6397
Energy Assistance Block Grant, shall be subject to approval by the	6398
Controlling Board.	6399

Sec. 261.20.60. STATE SPECIAL PROJECTS

6400

The State Special Projects Fund (Fund 4F20), may be used for	6401
the deposit of private-sector funds from utility companies and for	6402
the deposit of other miscellaneous state funds. State moneys so	6403
deposited ~~shall~~may also be used to match federal housing grants	6404
for the homeless ~~and to market economic development opportunities~~	6405
~~in the state~~. Private-sector moneys shall be deposited for use in	6406
appropriation item 195699, Utility ~~Provided Funds~~Community	6407
Assistance, and shall be used to (1) pay the expenses of verifying	6408
the income-eligibility of HEAP applicants, (2) leverage additional	6409
federal funds, (3) fund special projects to assist ~~homeless~~	6410
~~individuals~~income-eligible veterans and families with services	6411
and energy assistance programs, (4) fund special projects to	6412
assist with the energy efficiency of households eligible to	6413
participate in the Percentage of Income Payment Plan, and (5)	6414
assist with training programs for agencies that administer	6415
low-income customer assistance programs.	6416

Sec. 261.20.80. MINORITY BUSINESS ENTERPRISE LOAN

6417

All repayments from the Minority Development Financing	6418
Advisory Board Loan Program and the Ohio Mini-Loan Guarantee	6419
Program shall be deposited in the State Treasury to the credit of	6420
the Minority Business Enterprise Loan Fund (Fund 4W10). Operating	6421
costs of administering the Minority Business Enterprise Loan Fund	6422
may be paid from the Minority Business Enterprise Loan Fund (Fund	6423
4W10).	6424

MINORITY BUSINESS BONDING FUND

6425

Notwithstanding Chapters 122., 169., and 175. of the Revised	6426
Code, the Director of Development Services may, upon the	6427
recommendation of the Minority Development Financing Advisory	6428
Board, pledge up to $10,000,000 in the fiscal year 2012-fiscal	6429
year 2013 biennium of unclaimed funds administered by the Director	6430
of Commerce and allocated to the Minority Business Bonding Program	6431
under section 169.05 of the Revised Code. The transfer of any cash	6432
by the Director of Budget and Management from the ~~Department of~~	6433
~~Commerce's~~ Unclaimed Funds Fund (Fund 5430) used by the Department	6434
of Commerce to the ~~Department of Development's~~ Minority Business	6435
Bonding Fund (Fund 4490) used by the Development Services Agency	6436
shall occur, if requested by the Director of Development Services,	6437
only if such funds are needed for payment of losses arising from	6438
the Minority Business Bonding Program, and only after proceeds of	6439
the initial transfer of $2,700,000 by the Controlling Board to the	6440
Minority Business Bonding Program has been used for that purpose.	6441
Moneys transferred by the Director of Budget and Management from	6442
the Department of Commerce for this purpose may be moneys in	6443
custodial funds held by the Treasurer of State. If expenditures	6444
are required for payment of losses arising from the Minority	6445
Business Bonding Program, such expenditures shall be made from	6446
appropriation item 195623, Minority Business Bonding Contingency	6447
in the Minority Business Bonding Fund, and such amounts are hereby	6448
appropriated.	6449

Sec. 261.20.90. ~~OHIO~~ INCUMBENT WORKFORCE TRAINING VOUCHERS

6450

(A) On July 1, 2011, or as soon as possible thereafter, the	6451
Director of Budget and Management shall transfer up to $20,000,000	6452
cash from the Economic Development Programs Fund (Fund 5JC0) used	6453
by the Board of Regents to the Ohio Incumbent Workforce Job	6454
Training Fund (Fund 5HR0) used by the ~~Department of~~ Development	6455
Services Agency.	6456

On July 1, 2012, or as soon as possible thereafter, the	6457
Director of Budget and Management shall transfer up to $30,000,000	6458
cash from the Economic Development Programs Fund (Fund 5JC0) used	6459
by the Board of Regents to the Ohio Incumbent Workforce Job	6460
Training Fund (Fund 5HR0) used by the ~~Department of~~ Development	6461
Services Agency.	6462

(B) Of the foregoing appropriation item 195526, ~~Ohio~~	6463
Incumbent Workforce ~~Job~~ Training Vouchers, up to $20,000,000 in	6464
fiscal year 2012 and up to $30,000,000 in fiscal year 2013 shall	6465
be used to support the Ohio Incumbent Workforce Training Voucher	6466
Program. The Director of Development Services and the Chief	6467
Investment Officer of JobsOhio may enter into an agreement to	6468
operate the program pursuant to the contract between the	6469
~~Department of~~ Development Services Agency and JobsOhio under	6470
section 187.04 of the Revised Code. The agreement may include a	6471
provision for granting, loaning, or transferring funds from	6472
appropriation item 195526, ~~Ohio~~ Incumbent Workforce ~~Job~~ Training	6473
Vouchers, to JobsOhio to provide training for incumbent workers.	6474

(C) Regardless of any agreement between the Director and the	6475
Chief Investment Officer under division (B) of this section, the	6476
Ohio Incumbent Workforce Training Voucher Program shall conform to	6477
guidelines for the operation of the program, including, but not	6478
limited to, the following:	6479

(1) A requirement that a training voucher under the program	6480
shall not exceed $6,000 per worker per year;	6481

(2) A provision for an employer of an eligible employee to	6482
apply for a voucher on behalf of the eligible employee;	6483

(3) A provision for an eligible employee to apply directly	6484
for a training voucher with the pre-approval of the employee's	6485
employer; and	6486

(4) A requirement that an employee participating in the	6487
program, or the employee's employer, shall pay for not less than	6488
thirty-three per cent of the training costs under the program.	6489

DEFENSE DEVELOPMENT ASSISTANCE

6490

On July 1 of each fiscal year, or as soon as possible	6491
thereafter, the Director of Budget and Management shall transfer	6492
$5,000,000 in cash from the Economic Development Projects Fund	6493
(Fund 5JC0) used by the Board of Regents to the Ohio Incumbent	6494
Workforce Job Training Fund (Fund 5HR0) used by the ~~Department of~~	6495
Development Services Agency. The transferred funds are hereby	6496
appropriated in appropriation item 195622, Defense Development	6497
Assistance.	6498

The foregoing appropriation item 195622, Defense Development	6499
Assistance, shall be used for economic development programs and	6500
the creation of new jobs to leverage and support mission gains at	6501
Department of Defense facilities in Ohio by working with future	6502
base realignment and closure activities and ongoing Department of	6503
Defense efficiency initiatives, assisting efforts to secure	6504
Department of Defense support contracts for Ohio companies,	6505
assessing and supporting regional job training and workforce	6506
development needs generated by the Department of Defense and the	6507
Ohio aerospace industry, and for expanding job training and	6508
economic development programs in human performance related	6509
initiatives. These funds shall be matched by private industry	6510
partners or the Department of Defense in an aggregate amount of	6511
$6,000,000 over the FY 2012-FY 2013 biennium.	6512

Sec. 261.30.10. ADVANCED ENERGY ~~FUND~~LOAN PROGRAMS

6513

The foregoing appropriation item 195660, Advanced Energy Loan	6514
Programs, shall be used to provide financial assistance to	6515
customers for eligible advanced energy projects for residential,	6516
commercial, and industrial business, local government, educational	6517
institution, nonprofit, and agriculture customers, and to pay for	6518
the program's administrative costs as provided in sections 4928.61	6519
to 4928.63 of the Revised Code and rules adopted by the Director	6520
of Development Services.	6521

On July 1 of each fiscal year, or as soon as possible	6522
thereafter, the Director of Budget and Management shall transfer	6523
$750,000 in cash from the Advanced Energy Fund (Fund 5M50) to the	6524
Alternative Fuel Transportation Grant Fund (Fund 5CG0).	6525

VOLUME CAP ADMINISTRATION

6526

The foregoing appropriation item 195654, Volume Cap	6527
Administration, shall be used for expenses related to the	6528
administration of the Volume Cap Program. Revenues received by the	6529
Volume Cap Administration Fund (Fund 6170) shall consist of	6530
application fees, forfeited deposits, and interest earned from the	6531
custodial account held by the Treasurer of State.	6532

Sec. 261.30.20. INNOVATION OHIO LOAN FUND

6533

The foregoing appropriation item 195664, Innovation Ohio,	6534
shall be used to provide for innovation Ohio purposes, including	6535
loan guarantees and loans under Chapter 166. and particularly	6536
sections 166.12 to 166.16 of the Revised Code.	6537

RESEARCH AND DEVELOPMENT

6538

The foregoing appropriation item 195665, Research and	6539
Development, shall be used to provide for research and development	6540
purposes, including loans, under Chapter 166. and particularly	6541
sections 166.17 to 166.21 of the Revised Code.	6542

LOGISTICS AND DISTRIBUTION INFRASTRUCTURE

6543

Appropriation item 195698, Logistics and Distribution	6544
Infrastructure, shall be used for eligible logistics and	6545
distribution infrastructure projects as defined in section 166.01	6546
of the Revised Code. Any unexpended and unencumbered portion of	6547
the appropriation item at the end of fiscal year 2011 is hereby	6548
reappropriated for the same purpose in fiscal year 2012, and any	6549
unexpended and unencumbered portion of the appropriation item at	6550
the end of fiscal year 2012 is hereby reappropriated for the same	6551
purpose in fiscal year 2013.	6552

After all encumbrances have been paid, the Director of Budget	6553
and Management shall transfer the remaining cash balance in the	6554
Logistics and Distribution Infrastructure Fund (Fund 7008) to the	6555
Facilities Establishment Fund (Fund 7037).	6556

FACILITIES ESTABLISHMENT ~~FUND~~

6557

The foregoing appropriation item 195615, Facilities	6558
Establishment (Fund 7037), shall be used for the purposes of the	6559
Facilities Establishment Fund under Chapter 166. of the Revised	6560
Code.	6561

Notwithstanding Chapter 166. of the Revised Code, an amount	6562
not to exceed $1,000,000 in cash in fiscal year 2012 may be	6563
transferred from the Facilities Establishment Fund (Fund 7037) to	6564
the ~~Economic Development Financing Operating~~Business Assistance	6565
Fund (Fund 4510). The transfer is subject to Controlling Board	6566
approval under division (B) of section 166.03 of the Revised Code.	6567

Notwithstanding Chapter 166. of the Revised Code, the	6568
Director of Budget and Management may transfer an amount not to	6569
exceed $2,500,000 in cash in each fiscal year from the Facilities	6570
Establishment Fund (Fund 7037) to the Minority Business Enterprise	6571
Loan Fund (Fund 4W10).	6572

On July 1, ~~2011~~2012, or as soon as possible thereafter, the	6573
Director of Budget and Management shall transfer the unexpended	6574
and unencumbered cash balance in the Urban Development Loans Fund	6575
(Fund 5D20) to the Facilities Establishment Fund (Fund 7037).	6576

On July 1, ~~2011~~2012, or as soon as possible thereafter, the	6577
Director of Budget and Management shall transfer the unexpended	6578
and unencumbered cash balance in the Rural Industrial Park Loan	6579
Fund (Fund 4Z60) to the Facilities Establishment Fund (Fund 7037).	6580

CAPITAL ACCESS LOAN PROGRAM

6581

The foregoing appropriation item 195628, Capital Access Loan	6582
Program, shall be used for operating, program, and administrative	6583
expenses of the program. Funds of the Capital Access Loan Program	6584
shall be used to assist participating financial institutions in	6585
making program loans to eligible businesses that face barriers in	6586
accessing working capital and obtaining fixed-asset financing.	6587

Sec. 261.30.30. CLEAN OHIO OPERATING EXPENSES

6588

The foregoing appropriation item 195663, Clean Ohio	6589
~~Operating~~Program, shall be used by the ~~Department of~~ Development	6590
Services Agency in administering Clean Ohio Revitalization Fund	6591
(Fund 7003) projects pursuant to sections 122.65 to 122.658 of the	6592
Revised Code.	6593

Sec. 261.30.40. THIRD FRONTIER OPERATING

6594

The foregoing appropriation items 195686, Third Frontier	6595
Operating, and 195620, Third Frontier Operating - Tax, shall be	6596
used for operating expenses incurred by the ~~Department of~~	6597
Development Services Agency in administering projects pursuant to	6598
sections 184.10 to 184.20 of the Revised Code. Operating expenses	6599
paid from item 195686 shall be limited to the administration of	6600
projects funded from the Third Frontier Research & Development	6601
Fund (Fund 7011) and operating expenses paid from item 195620	6602
shall be limited to the administration of projects funded from the	6603
Third Frontier Research & Development Taxable Bond Project Fund	6604
(Fund 7014).	6605

Sec. 261.30.60. JOB READY SITE ~~OPERATING~~PROGRAM

6606

The foregoing appropriation item 195688, Job Ready Site	6607
~~Operating~~Program, shall be used for operating expenses incurred	6608
by the ~~Department of~~ Development Services Agency in administering	6609
Job Ready Site Development Fund (Fund 7012) projects pursuant to	6610
sections 122.085 to 122.0820 of the Revised Code. Operating	6611
expenses include, but are not limited to, certain qualified	6612
expenses of the District Public Works Integrating Committees, as	6613
applicable, engineering review of submitted applications by the	6614
State Architect or a third-party engineering firm, audit and	6615
accountability activities, and costs associated with formal	6616
certifications verifying that site infrastructure is in place and	6617
is functional.	6618

Sec. 261.30.70. OHIO COAL DEVELOPMENT OFFICE

6619

On July 1, 2011, or as soon as possible thereafter, the	6620
Director of Budget and Management shall transfer any unexpended	6621
and unencumbered portion of appropriation item 898604, Coal	6622
Research and Development Fund, used by the Ohio Air Quality	6623
Development Authority, to a new capital appropriation item in the	6624
~~Department of~~ Development Services Agency, to be determined by the	6625
Director. The Director also shall cancel all outstanding	6626
encumbrances against appropriation item 898604, Coal Research and	6627
Development Fund, and reestablish them against the foregoing new	6628
capital appropriation item. The amounts of the transfer and the	6629
reestablished encumbrances, plus $2,283,264, are hereby	6630
appropriated for fiscal year 2012 in the foregoing new	6631
appropriation item and shall be used to provide funding for coal	6632
research and development purposes.	6633

Sec. 261.30.80. THIRD FRONTIER BIOMEDICAL RESEARCH AND	6634
COMMERCIALIZATION SUPPORT	6635

The General Assembly and the Governor recognize the role that	6636
the biomedical industry has in job creation, innovation, and	6637
economic development throughout Ohio. It is the intent of the	6638
General Assembly, the Governor, the Director of Development	6639
Services, and the Director of Budget and Management to work	6640
together in continuing to provide comprehensive state support for	6641
the biomedical industry.	6642

Sec. 261.30.90. UNCLAIMED FUNDS TRANSFER

6643

(A) Notwithstanding division (A) of section 169.05 of the	6644
Revised Code, upon the request of the Director of Budget and	6645
Management, the Director of Commerce, before June 30, 2012, shall	6646
transfer to the Job Development Initiatives Fund (Fund 5AD0) an	6647
amount not to exceed $25,000,000 in cash of the unclaimed funds	6648
that have been reported by the holders of unclaimed funds under	6649
section 169.05 of the Revised Code, regardless of the allocation	6650
of the unclaimed funds described under that section.	6651

Notwithstanding division (A) of section 169.05 of the Revised	6652
Code, upon the request of the Director of Budget and Management,	6653
the Director of Commerce, before June 30, 2013, shall transfer to	6654
the Job Development Initiatives Fund (Fund 5AD0) an amount not to	6655
exceed $~~15,000,000~~18,600,000 in cash of the unclaimed funds that	6656
have been reported by the holders of unclaimed funds under section	6657
169.05 of the Revised Code, regardless of the allocation of the	6658
unclaimed funds described under that section.	6659

(B) Notwithstanding division (A) of section 169.05 of the	6660
Revised Code, upon the request of the Director of Budget and	6661
Management, the Director of Commerce, before June 30, 2012, shall	6662
transfer to the State Special Projects Fund (Fund 4F20) an amount	6663
not to exceed $5,000,000 in cash of the unclaimed funds that have	6664
been reported by the holders of unclaimed funds under section	6665
169.05 of the Revised Code, regardless of the allocation of the	6666
unclaimed funds described under that section.	6667

Sec. 261.40.10. WORKFORCE DEVELOPMENT

6668

The Director of Development Services and the Director of Job	6669
and Family Services may enter into one or more interagency	6670
agreements between the two departments and take other actions the	6671
directors consider appropriate to further integrate workforce	6672
development into a larger economic development strategy, to	6673
implement the recommendations of the Workforce Policy Board, and	6674
to complete activities related to the transition of the	6675
administration of employment programs identified by the board.	6676
Subject to the approval of the Director of Budget and Management,	6677
the ~~Department of~~ Development Services Agency and the Department	6678
of Job and Family Services may expend moneys to support the	6679
recommendations of the Workforce Policy Board in the area of	6680
integration of employment functions as described in this paragraph	6681
and to complete implementation and transition activities from the	6682
appropriations to those departments.	6683

Section 9. That existing Sections 261.10.40, 261.10.70,	6684
261.20.40, 261.20.50, 261.20.60, 261.20.80, 261.20.90, 261.30.10,	6685
261.30.20, 261.30.30, 261.30.40, 261.30.60, 261.30.70, 261.30.80,	6686
261.30.90, and 261.40.10 of Am. Sub. H.B. 153 of the 129th General	6687
Assembly are hereby repealed.	6688

Section 10. That Sections 261.10 and 261.20.93 of Am. Sub.	6689
H.B. 153 of the 129th General Assembly, as amended by Sub. H.B.	6690
371 of the 129th General Assembly, be amended to read as follows:	6691

Sec. 261.10. DEV ~~DEPARTMENT OF~~ DEVELOPMENT SERVICES AGENCY

6692

General Revenue Fund	6693

GRF	195401	Thomas Edison Program	$	14,820,354	$	0	6694
GRF	195402	Coal ~~Development Office~~ Research Operating	$	260,983	$	261,205	6695
GRF	195404	Small Business Development	$	1,565,770	$	0	6696
GRF	195405	Minority Business Enterprise Division	$	1,118,528	$	0	6697
GRF	195407	Travel and Tourism	$	5,000,000	$	0 5,000,000	6698
GRF	195412	Rapid Outreach Grants	$	9,000,000	$	0	6699
GRF	195415	~~Strategic~~ Business ~~Investment Division and Regional Offices~~ Development Services	$	4,500,000	$	0 2,413,387	6700
GRF	195416	Governor's Office of Appalachia	$	3,700,000	$	~~3,700,000~~ 0	6701
GRF	195422	Technology Action	$	547,341	$	0	6702
GRF	195426	Clean Ohio Implementation	$	468,365	$	0 468,365	6703
GRF	195432	Global Markets	$	3,500,000	$	0	6704
GRF	195434	Industrial Training Grants	$	10,000,000	$	0	6705
GRF	195497	CDBG Operating Match	$	1,015,000	$	0 1,015,000	6706
GRF	195501	Appalachian Local Development Districts	$	391,482	$	~~391,482~~ 0	6707
GRF	195502	Appalachian Regional Commission Dues	$	195,000	$	~~195,000~~ 0	6708
~~GRF~~	~~195528~~	~~Economic Development Projects~~	$	0	$	~~26,943,518~~	6709
GRF	195532	Technology Programs and Grants	$	0	$	13,547,341	6710
GRF	195533	Business Assistance	$	0	$	5,899,465	6711
GRF	195535	Appalachia Assistance	$	0	$	4,286,482	6712
GRF	195901	Coal Research & Development General Obligation Debt Service	$	7,861,100	$	5,577,700	6713
GRF	195905	Third Frontier Research & Development General Obligation Debt Service	$	29,323,300	$	63,640,300	6714
GRF	195912	Job Ready Site Development General Obligation Debt Service	$	9,859,200	$	15,680,500	6715
TOTAL GRF General Revenue Fund			$	103,126,423	$	~~116,389,705~~ 117,789,745	6716

General Services Fund Group	6717

1350	195684	~~Supportive~~ Development Services Operations	$	11,700,000	$	11,700,000	6718
4W10	195646	Minority Business Enterprise Loan	$	2,500,000	$	2,500,000	6719
5AD0	195633	Legacy Projects	$	15,000,000	$	~~15,000,000~~ 18,600,000	6720
5AD0	195677	Economic Development Contingency	$	10,000,000	$	0	6721
5W50	195690	Travel and Tourism Cooperative Projects	$	50,000	$	50,000	6722
6850	195636	~~Direct Cost Recovery~~ Development Services Reimbursable Expenditures	$	750,000	$	750,000	6723
TOTAL GSF General Services Fund							6724
Group			$	40,000,000	$	~~30,000,000~~ 33,600,000	6725

Federal Special Revenue Fund Group	6726

3080	195602	Appalachian Regional Commission	$	475,000	$	475,000	6727
3080	195603	Housing ~~and Urban Development~~ Assistance Programs	$	6,000,000	$	6,000,000	6728
3080	195605	Federal Projects	$	85,028,606	$	~~85,470,106~~ 0	6729
3080	195609	Small Business Administration Grants	$	6,438,143	$	5,511,381	6730
3080	195618	Energy ~~Federal~~ Grants	$	38,000,000	$	3,400,000	6731
3080	195670	Home Weatherization Program	$	0	$	72,670,106	6732
3080	195671	Brownfield Redevelopment	$	0	$	6,800,000	6733
3080	195672	Manufacturing Extension Partnership	$	0	$	6,000,000	6734
3350	195610	Energy ~~Conservation and Emerging Technology~~ Programs	$	1,100,000	$	1,100,000	6735
3AE0	195643	Workforce Development Initiatives	$	16,300,000	$	16,300,000	6736
3DB0	195642	Federal Stimulus - Energy Efficiency & Conservation Block Grants	$	3,000,000	$	42,485	6737
3EG0	195608	~~Federal~~ Energy Sector Training Grants	$	5,000,000	$	1,344,056	6738
3K80	195613	Community Development Block Grant	$	76,795,818	$	65,210,000	6739
3K90	195611	Home Energy Assistance Block Grant	$	115,743,608	$	115,743,608	6740
3K90	195614	HEAP Weatherization	$	22,000,000	$	22,000,000	6741
3L00	195612	Community Services Block Grant	$	27,240,217	$	27,240,217	6742
3V10	195601	HOME Program	$	40,000,000	$	40,000,000	6743
TOTAL FED Federal Special Revenue							6744
Fund Group			$	443,121,392	$	389,836,853	6745

State Special Revenue Fund Group	6746

4500	195624	Minority Business Bonding Program Administration	$	160,110	$	159,069	6747
4510	195625	Economic Development Financing Operating	$	3,000,000	$	~~3,000,000~~ 0	6748
4510	195649	Business Assistance Programs	$	0	$	3,700,800	6749
4F20	195639	State Special Projects	$	180,437	$	180,436	6750
4F20	195676	Marketing Initiatives	$	5,000,000	$	0	6751
4F20	195699	Utility ~~Provided Funds~~ Community Assistance	$	500,000	$	500,000	6752
4S00	195630	Tax Incentive Programs	$	650,800	$	~~650,800~~ 0	6753
5CG0	195679	Alternative Fuel Transportation	$	750,000	$	750,000	6754
5HJ0	195604	Motion Picture Tax Credit Program	$	50,000	$	~~50,000~~ 0	6755
5HR0	195526	~~Ohio~~ Incumbent Workforce ~~Job~~ Training Vouchers	$	20,000,000	$	30,000,000	6756
5HR0	195622	Defense Development Assistance	$	5,000,000	$	5,000,000	6757
5JR0	195635	Redevelopment Program Support	$	0	$	100,000	6758
5JR0	195656	New Market Tax Credit Program	$	50,000	$	~~50,000~~ 0	6759
5KD0	195621	Brownfield Stormwater Loan	$	50,000	$	~~50,000~~ 0	6760
5KN0	195640	Local Government Innovation	$	175,000	$	44,825,000	6761
5LK0	195655	Workforce Development Programs	$	0	$	10,000,000	6762
5M40	195659	Low Income Energy Assistance (USF)	$	245,000,000	$	245,000,000	6763
5M50	195660	Advanced Energy Loan Programs	$	8,000,000	$	0	6764
5W60	195691	International Trade Cooperative Projects	$	160,000	$	160,000	6765
6170	195654	Volume Cap Administration	$	94,397	$	92,768	6766
6460	195638	Low- and Moderate- Income Housing Trust Fund	$	53,000,000	$	53,000,000	6767
TOTAL SSR State Special Revenue							6768
Fund Group			$	341,820,744	$	~~383,468,073~~ 393,468,073	6769

Facilities Establishment Fund Group	6770

5S90	195628	Capital Access Loan Program	$	1,500,000	$	1,500,000	6771
7009	195664	Innovation Ohio	$	15,000,000	$	15,000,000	6772
7010	195665	Research and Development	$	22,000,000	$	22,000,000	6773
7037	195615	Facilities Establishment	$	50,000,000	$	50,000,000	6774
TOTAL 037 Facilities							6775
Establishment Fund Group			$	88,500,000	$	88,500,000	6776

Clean Ohio Revitalization Fund	6777

7003	195663		Clean Ohio ~~Operating~~ Program		$	950,000		$	950,000		6778
TOTAL 7003 Clean Ohio Revitalization Fund					$	950,000		$	950,000		6779

Third Frontier Research & Development Fund Group	6780

7011	195686	Third Frontier Operating	$	1,149,750	$	1,149,750	6781
7011	195687	Third Frontier Research & Development Projects	$	183,850,250	$	133,850,250	6782
7014	195620	Third Frontier Operating - Tax	$	1,700,000	$	1,700,000	6783
7014	195692	Research & Development Taxable Bond Projects	$	38,300,000	$	38,300,000	6784
TOTAL 011 Third Frontier Research & Development Fund Group			$	225,000,000	$	175,000,000	6785

Job Ready Site Development Fund Group	6786

7012	195688		Job Ready Site ~~Operating~~ Program		$	800,000		$	800,000		6787
TOTAL 012 Job Ready Site Development Fund Group					$	800,000		$	800,000		6788

Tobacco Master Settlement Agreement Fund Group	6789

M087	195435	Biomedical Research and Technology Transfer	$	1,999,224	$	1,999,224	6790
TOTAL TSF Tobacco Master Settlement Agreement Fund Group			$	1,999,224	$	1,999,224	6791
TOTAL ALL BUDGET FUND GROUPS			$	1,245,317,783	$	~~1,186,943,855~~ 1,201,943,895	6792

Sec. 261.20.93. LOCAL GOVERNMENT INNOVATION FUND

6794

The foregoing appropriation item 195640, Local Government	6795
Innovation, shall be used for the purposes of making loans and	6796
grants to political subdivisions under the Local Government	6797
Innovation Program in accordance with sections 189.01 to 189.10 of	6798
the Revised Code. Of the foregoing appropriation item 195640,	6799
Local Government Innovation, up to $175,000 in fiscal year 2012	6800
and $175,000 in fiscal year 2013 shall be used for administrative	6801
costs incurred by the ~~Department of~~ Development Services Agency.	6802

On the effective date of this amendment, or as soon as	6803
possible thereafter, the Director of Budget and Management shall	6804
transfer $175,000 in cash from the General Revenue Fund to the	6805
Local Government Innovation Fund (Fund 5KN0). On July 1, 2012, or	6806
as soon as possible thereafter, the Director of Budget and	6807
Management shall transfer $44,825,000 in cash from the General	6808
Revenue Fund to the Local Government Innovation Fund (Fund 5KN0).	6809

Section 11. That existing Sections 261.10 and 261.20.93 of	6810
Am. Sub. H.B. 153 of the 129th General Assembly, as amended by	6811
Sub. H.B. 371 of the 129th General Assembly, are hereby repealed.	6812

Section 12. TRAVEL AND TOURISM

6813

The foregoing appropriation item 195407, Travel and Tourism,	6814
shall be used for marketing the state of Ohio as a tourism	6815
destination and to support administrative expenses and contracts	6816
necessary to market Ohio.	6817

Section 13. CDBG OPERATING MATCH

6818

The foregoing appropriation item 195497, CDBG Operating	6819
Match, shall be used as matching funds for grants from the United	6820
States Department of Housing and Urban Development pursuant to the	6821
Housing and Community Development Act of 1974 and regulations and	6822
policy guidelines for the programs pursuant thereto.	6823

Section 14. TECHNOLOGY PROGRAMS AND GRANTS

6824

The foregoing appropriation item 195532, Technology Programs	6825
and Grants, shall be used for the same purposes as funding	6826
previously appropriated for appropriation items 195401, Thomas	6827
Edison Program, and 195422, Technology Action. Of the foregoing	6828
appropriation item 195532, Technology Programs and Grants, up to	6829
$547,341 in fiscal year 2013 shall be used for operating expenses	6830
incurred in administering the Ohio Third Frontier pursuant to	6831
sections 184.10 to 184.20 of the Revised Code; and up to	6832
$13,000,000 in fiscal year 2013 shall be used for the Thomas	6833
Edison Program pursuant to sections 122.28 to 122.38 of the	6834
Revised Code, of which not more than ten per cent shall be used	6835
for operating expenses incurred in administering the program.	6836

Section 15. BUSINESS ASSISTANCE

6837

The foregoing appropriation item 195533, Business Assistance,	6838
shall be used as matching funds for grants from the United States	6839
Small Business Administration and other federal agencies, pursuant	6840
to Public Law No. 96-302 as amended by Public Law No. 98-395, and	6841
regulations and policy guidelines for the programs pursuant	6842
thereto. This appropriation item also may be used to provide	6843
grants to local organizations to support economic development	6844
activities that promote minority business development, small	6845
business development, entrepreneurship, and exports of Ohio's	6846
goods and services.	6847

Section 16. APPALACHIA ASSISTANCE

6848

The foregoing appropriation item 195535, Appalachia	6849
Assistance, may be used for the administrative costs of planning	6850
and liaison activities for the Governor's Office of Appalachia, to	6851
provide financial assistance to projects in Ohio's Appalachian	6852
counties, to pay dues for the Appalachian Regional Commission, and	6853
to match federal funds from the Appalachian Regional Commission.	6854

Of the foregoing appropriation item 195535, Appalachia	6855
Assistance, up to $440,000 in fiscal year 2013 shall be used to	6856
support four local development districts. Of that amount, up to	6857
$135,000 shall be allocated to the Ohio Valley Regional	6858
Development Commission, up to $135,000 shall be allocated to the	6859
Ohio Mid-Eastern Government Association, up to $135,000 shall be	6860
allocated to the Buckeye Hills-Hocking Valley Regional Development	6861
District, and up to $35,000 shall be allocated to the Eastgate	6862
Regional Council of Governments. Local development districts	6863
receiving funding under this section shall use the funds for the	6864
implementation and administration of programs and duties under	6865
section 107.21 of the Revised Code.	6866

Section 17. LEGACY PROJECTS

6867

The foregoing appropriation item 195633, Legacy Projects,	6868
shall be used to support existing grant commitments to companies	6869
incurred prior to fiscal year 2013. A portion of the appropriation	6870
item may also be used to support administrative expenses and other	6871
costs associated with these projects.	6872

Section 18. BUSINESS ASSISTANCE PROGRAMS

6873

The foregoing appropriation item 195649, Business Assistance	6874
Programs, shall be used for administrative expenses associated	6875
with the operation of tax credit programs, loan servicing, the	6876
Ohio Film Office, and the Office of Strategic Business	6877
Investments, and for payments to the JobsOhio corporation	6878
established in Chapter 187. of the Revised Code for services	6879
provided for the administration of the 166 Direct Loan Program,	6880
Ohio Enterprise Bond Fund, Research and Development Loan Program,	6881
and Innovation Ohio Loan Program.	6882

Section 19. WORKFORCE DEVELOPMENT PROGRAMS

6883

The foregoing appropriation item 195655, Workforce	6884
Development Programs, may be used for the Ohio Workforce Guarantee	6885
Program to promote training through grants to businesses and, in	6886
the case of a business consortium, to the consortium for training	6887
and education providers for the reimbursement of eligible training	6888
expenses. Not more than ten per cent of appropriation item 195655,	6889
Workforce Development Programs, shall be used for administrative	6890
expenses related to the Ohio Workforce Guarantee Program.	6891

Section 20. ASSORTED TRANSFERS FOR RESTRUCTURING

6892

On July 1, 2012, or as soon as possible thereafter, the	6893
Director of Budget and Management shall transfer the unexpended	6894
and unencumbered cash balance in the Water and Sewer Fund (Fund	6895
4440) to the General Reimbursement Fund (Fund 6850).	6896

On July 1, 2012, or as soon as possible thereafter, the	6897
Director of Budget and Management shall transfer the unexpended	6898
and unencumbered cash balance in the Water and Sewer	6899
Administration Fund (Fund 6110) to the General Reimbursement Fund	6900
(Fund 6850).	6901

On July 1, 2012, or as soon as possible thereafter, the	6902
Director of Budget and Management shall transfer the unexpended	6903
and unencumbered cash balance in the Tax Incentive Programs	6904
Operating Fund (Fund 4S00) to the Business Assistance Fund (Fund	6905
4510).	6906

On July 1, 2012, or as soon as possible thereafter, the	6907
Director of Budget and Management shall transfer the unexpended	6908
and unencumbered cash balance in the Brownfield Stormwater Loan	6909
Fund (Fund 5KD0) to the New Market Tax Credit Program Fund (Fund	6910
5JR0).	6911

Section 21. That Sections 261.10.10, 261.10.20, 261.10.30,	6912
261.10.50, 261.10.60, 261.10.80, 261.10.90, 261.20.10, 261.20.20,	6913
261.20.70, and 261.30.50 of Am. Sub. H.B. 153 of the 129th General	6914
Assembly are hereby repealed.	6915

Section 22. The amendments by this act to sections 9.981,	6916
121.22, 122.39, 122.41, 122.42, 122.43, 122.44, 122.48, 122.49,	6917
122.50, 122.51, 122.52, 122.53, 122.561, 122.57, 122.61, 122.62,	6918
122.64, 166.04, 166.05, 166.13, 166.14, 166.18, 166.19, 166.25,	6919
166.30, and 184.02 of the Revised Code take effect July 1, 2012.	6920

Section 23. Sections 9 to 21 of this act are not subject to	6921
the referendum under Ohio Constitution, Article II, Section 1d,	6922
and section 1.471 of the Revised Code, and therefore those	6923
sections take effect immediately when this act becomes law.	6924

Section 24. Section 122.42 of the Revised Code is presented	6925
in this act as a composite of the section as amended by both Am.	6926
Sub. H.B. 117 and Am. Sub. H.B. 356 of the 121st General Assembly.	6927
The General Assembly, applying the principle stated in division	6928
(B) of section 1.52 of the Revised Code that amendments are to be	6929
harmonized if reasonably capable of simultaneous operation, finds	6930
that the composite is the resulting version of the section in	6931
effect prior to the effective date of the section as presented in	6932
this act.	6933

Section 25. Section 149.43 of the Revised Code is presented	6934
in this act as a composite of the section as amended by both Sub.	6935
H.B. 64 and Am. Sub. H.B. 153 of the 129th General Assembly. The	6936
General Assembly, applying the principle stated in division (B) of	6937
section 1.52 of the Revised Code that amendments are to be	6938
harmonized if reasonably capable of simultaneous operation, finds	6939
that the composite is the resulting version of the section in	6940
effect prior to the effective date of the section as presented in	6941
this act.	6942