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To amend sections 9.981, 102.03, 121.02, 121.03, | 1 |
121.22, 122.01, 122.011, 122.07, 122.071, 122.17, | 2 |
122.171, 122.174, 122.175, 122.39, 122.41, 122.42, | 3 |
122.43, 122.44, 122.48, 122.49, 122.50, 122.51, | 4 |
122.52, 122.53, 122.561, 122.57, 122.60, 122.601, | 5 |
122.602, 122.603, 122.61, 122.62, 122.64, 122.76, | 6 |
122.80, 122.86, 149.43, 164.05, 164.06, 164.08, | 7 |
166.01, 166.04, 166.05, 166.13, 166.14, 166.18, | 8 |
166.19, 166.25, 166.30, 174.01, 184.01, 187.01, | 9 |
187.03, 187.04, 187.05, 929.03, 1551.01, 3735.672, | 10 |
3746.35, 5117.22, 5709.68, 5709.882, 6103.052, and | 11 |
6117.062, to amend, for the purpose of adopting | 12 |
new section numbers as indicated in parentheses, | 13 |
sections 122.07 (122.073) and 122.071 (122.072), | 14 |
to enact new sections 122.07 and 122.071 and | 15 |
sections 122.97, 184.011, 3735.01, and 5701.15, | 16 |
and to repeal sections 1525.11, 1525.12, 1525.13, | 17 |
and 6111.034 of the Revised Code; to repeal | 18 |
section 122.40 of the Revised Code on July 1, | 19 |
2012; to rename the Department of Development the | 20 |
"Development Services Agency"; to establish the | 21 |
Office of TourismOhio within the Development | 22 |
Services Agency, create the TourismOhio Advisory | 23 |
Board, and establish a pilot program to test a new | 24 |
funding mechanism for the state's travel and | 25 |
tourism marketing; to modify the operation of | 26 |
JobsOhio; to makes changes to the Capital Access | 27 |
Loan Program Fund and to allow transfers to the | 28 |
Capital Access Loan Program Fund from the Minority | 29 |
Business Enterprise Loan Fund; to provide for | 30 |
projects that were started prior to receiving a | 31 |
tax credit from the Ohio Tax Credit Authority; to | 32 |
modify reporting requirements under the Voluntary | 33 |
Action Program; to require the Director of | 34 |
Development Services to administer federal funds | 35 |
received for Brownfields revitalization purposes; | 36 |
to terminate the Water and Sewer Commission; to | 37 |
terminate the Development Financing Advisory | 38 |
Council as of July 1, 2012; and to increase the | 39 |
membership of the Third Frontier Commission. | 40 |
Section 1. That sections 9.981, 102.03, 121.02, 121.03, | 41 |
121.22, 122.01, 122.011, 122.07, 122.071, 122.17, 122.171, | 42 |
122.174, 122.175, 122.39, 122.41, 122.42, 122.43, 122.44, 122.48, | 43 |
122.49, 122.50, 122.51, 122.52, 122.53, 122.561, 122.57, 122.60, | 44 |
122.601, 122.602, 122.603, 122.61, 122.62, 122.64, 122.76, 122.80, | 45 |
122.86, 149.43, 164.05, 164.06, 164.08, 166.01, 166.04, 166.05, | 46 |
166.13, 166.14, 166.18, 166.19, 166.25, 166.30, 174.01, 184.01, | 47 |
187.01, 187.03, 187.04, 187.05, 929.03, 1551.01, 3735.672, | 48 |
3746.35, 5117.22, 5709.68, 5709.882, 6103.052, and 6117.062 be | 49 |
amended, sections 122.07 (122.073) and 122.071 (122.072) be | 50 |
amended for the purpose of adopting new section numbers as | 51 |
indicated in parentheses, and new sections 122.07 and 122.071 and | 52 |
sections 122.97, 184.011, 3735.01, and 5701.15 of the Revised Code | 53 |
be enacted to read as follows: | 54 |
Sec. 9.981. (A) Sections 9.98 to 9.983 of the Revised Code | 55 |
are applicable to bonds: | 56 |
(1) The payment of the debt service on which is to be | 57 |
provided for directly or indirectly by payments contracted to be | 58 |
made in the bond proceedings by the absolute obligors, being | 59 |
persons other than the issuer; and | 60 |
(2) Which are authorized to be issued under sections 122.39 | 61 |
and 122.41 to 122.62, Chapter 165., 902., 3377., 3706., division | 62 |
(A)(4) of section 4582.06, division (A)(8) of section 4582.31, | 63 |
section 4582.48, or Chapter 6121. or 6123. of the Revised Code, | 64 |
notwithstanding other provisions therein. | 65 |
(B) Sections 9.98 to 9.983 of the Revised Code are applicable | 66 |
to bonds issued under sections 306.37 and 6119.12 of the Revised | 67 |
Code and Chapters 140., 152., 154., 175., and 349. of the Revised | 68 |
Code, and to any bonds authorized under laws which expressly make | 69 |
those sections applicable. | 70 |
(C) Subject to division (A) of this section, the authority | 71 |
provided in sections 9.98 to 9.983 of the Revised Code is | 72 |
supplemental to and not in derogation of any similar authority | 73 |
provided by, derived from, or implied by, any law, the Ohio | 74 |
Constitution, or any charter, resolution, or ordinance, and no | 75 |
inference shall be drawn to negate the authority thereunder by | 76 |
reason of the express provisions of sections 9.98 to 9.983 of the | 77 |
Revised Code. | 78 |
(D) Sections 9.98 to 9.983 of the Revised Code shall be | 79 |
liberally construed to permit flexibility in the arrangements | 80 |
therein provided to enhance the issuance of such bonds and provide | 81 |
for terms most beneficial and satisfactory to the persons which | 82 |
undertake to provide for their payment, security, and liquidity. | 83 |
Sec. 102.03. (A)(1) No present or former public official or | 84 |
employee shall, during public employment or service or for twelve | 85 |
months thereafter, represent a client or act in a representative | 86 |
capacity for any person on any matter in which the public official | 87 |
or employee personally participated as a public official or | 88 |
employee through decision, approval, disapproval, recommendation, | 89 |
the rendering of advice, investigation, or other substantial | 90 |
exercise of administrative discretion. | 91 |
(2) For twenty-four months after the conclusion of service, | 92 |
no former commissioner or attorney examiner of the public | 93 |
utilities commission shall represent a public utility, as defined | 94 |
in section 4905.02 of the Revised Code, or act in a representative | 95 |
capacity on behalf of such a utility before any state board, | 96 |
commission, or agency. | 97 |
(3) For twenty-four months after the conclusion of employment | 98 |
or service, no former public official or employee who personally | 99 |
participated as a public official or employee through decision, | 100 |
approval, disapproval, recommendation, the rendering of advice, | 101 |
the development or adoption of solid waste management plans, | 102 |
investigation, inspection, or other substantial exercise of | 103 |
administrative discretion under Chapter 343. or 3734. of the | 104 |
Revised Code shall represent a person who is the owner or operator | 105 |
of a facility, as defined in section 3734.01 of the Revised Code, | 106 |
or who is an applicant for a permit or license for a facility | 107 |
under that chapter, on any matter in which the public official or | 108 |
employee personally participated as a public official or employee. | 109 |
(4) For a period of one year after the conclusion of | 110 |
employment or service as a member or employee of the general | 111 |
assembly, no former member or employee of the general assembly | 112 |
shall represent, or act in a representative capacity for, any | 113 |
person on any matter before the general assembly, any committee of | 114 |
the general assembly, or the controlling board. Division (A)(4) of | 115 |
this section does not apply to or affect a person who separates | 116 |
from service with the general assembly on or before December 31, | 117 |
1995. As used in division (A)(4) of this section "person" does not | 118 |
include any state agency or political subdivision of the state. | 119 |
(5) As used in divisions (A)(1), (2), and (3) of this | 120 |
section, "matter" includes any case, proceeding, application, | 121 |
determination, issue, or question, but does not include the | 122 |
proposal, consideration, or enactment of statutes, rules, | 123 |
ordinances, resolutions, or charter or constitutional amendments. | 124 |
As used in division (A)(4) of this section, "matter" includes the | 125 |
proposal, consideration, or enactment of statutes, resolutions, or | 126 |
constitutional amendments. As used in division (A) of this | 127 |
section, "represent" includes any formal or informal appearance | 128 |
before, or any written or oral communication with, any public | 129 |
agency on behalf of any person. | 130 |
(6) Nothing contained in division (A) of this section shall | 131 |
prohibit, during such period, a former public official or employee | 132 |
from being retained or employed to represent, assist, or act in a | 133 |
representative capacity for the public agency by which the public | 134 |
official or employee was employed or on which the public official | 135 |
or employee served. | 136 |
(7) Division (A) of this section shall not be construed to | 137 |
prohibit the performance of ministerial functions, including, but | 138 |
not limited to, the filing or amendment of tax returns, | 139 |
applications for permits and licenses, incorporation papers, and | 140 |
other similar documents. | 141 |
(8) Division (A) of this section does not prohibit a | 142 |
nonelected public official or employee of a state agency, as | 143 |
defined in section 1.60 of the Revised Code, from becoming a | 144 |
public official or employee of another state agency. Division (A) | 145 |
of this section does not prohibit such an official or employee | 146 |
from representing or acting in a representative capacity for the | 147 |
official's or employee's new state agency on any matter in which | 148 |
the public official or employee personally participated as a | 149 |
public official or employee at the official's or employee's former | 150 |
state agency. However, no public official or employee of a state | 151 |
agency shall, during public employment or for twelve months | 152 |
thereafter, represent or act in a representative capacity for the | 153 |
official's or employee's new state agency on any audit or | 154 |
investigation pertaining to the official's or employee's new state | 155 |
agency in which the public official or employee personally | 156 |
participated at the official's or employee's former state agency | 157 |
through decision, approval, disapproval, recommendation, the | 158 |
rendering of advice, investigation, or other substantial exercise | 159 |
of administrative discretion. | 160 |
(9) Division (A) of this section does not prohibit a | 161 |
nonelected public official or employee of a political subdivision | 162 |
from becoming a public official or employee of a different | 163 |
department, division, agency, office, or unit of the same | 164 |
political subdivision. Division (A) of this section does not | 165 |
prohibit such an official or employee from representing or acting | 166 |
in a representative capacity for the official's or employee's new | 167 |
department, division, agency, office, or unit on any matter in | 168 |
which the public official or employee personally participated as a | 169 |
public official or employee at the official's or employee's former | 170 |
department, division, agency, office, or unit of the same | 171 |
political subdivision. As used in this division, "political | 172 |
subdivision" means a county, township, municipal corporation, or | 173 |
any other body corporate and politic that is responsible for | 174 |
government activities in a geographic area smaller than that of | 175 |
the state. | 176 |
(10) No present or former Ohio casino control commission | 177 |
official shall, during public service or for two years thereafter, | 178 |
represent a client, be employed or compensated by a person | 179 |
regulated by the commission, or act in a representative capacity | 180 |
for any person on any matter before or concerning the commission. | 181 |
No present or former commission employee shall, during public | 182 |
employment or for two years thereafter, represent a client or act | 183 |
in a representative capacity on any matter in which the employee | 184 |
personally participated as a commission employee through decision, | 185 |
approval, disapproval, recommendation, the rendering of advice, | 186 |
investigation, or other substantial exercise of administrative | 187 |
discretion. | 188 |
(B) No present or former public official or employee shall | 189 |
disclose or use, without appropriate authorization, any | 190 |
information acquired by the public official or employee in the | 191 |
course of the public official's or employee's official duties that | 192 |
is confidential because of statutory provisions, or that has been | 193 |
clearly designated to the public official or employee as | 194 |
confidential when that confidential designation is warranted | 195 |
because of the status of the proceedings or the circumstances | 196 |
under which the information was received and preserving its | 197 |
confidentiality is necessary to the proper conduct of government | 198 |
business. | 199 |
(C) No public official or employee shall participate within | 200 |
the scope of duties as a public official or employee, except | 201 |
through ministerial functions as defined in division (A) of this | 202 |
section, in any license or rate-making proceeding that directly | 203 |
affects the license or rates of any person, partnership, trust, | 204 |
business trust, corporation, or association in which the public | 205 |
official or employee or immediate family owns or controls more | 206 |
than five per cent. No public official or employee shall | 207 |
participate within the scope of duties as a public official or | 208 |
employee, except through ministerial functions as defined in | 209 |
division (A) of this section, in any license or rate-making | 210 |
proceeding that directly affects the license or rates of any | 211 |
person to whom the public official or employee or immediate | 212 |
family, or a partnership, trust, business trust, corporation, or | 213 |
association of which the public official or employee or the public | 214 |
official's or employee's immediate family owns or controls more | 215 |
than five per cent, has sold goods or services totaling more than | 216 |
one thousand dollars during the preceding year, unless the public | 217 |
official or employee has filed a written statement acknowledging | 218 |
that sale with the clerk or secretary of the public agency and the | 219 |
statement is entered in any public record of the agency's | 220 |
proceedings. This division shall not be construed to require the | 221 |
disclosure of clients of attorneys or persons licensed under | 222 |
section 4732.12 or 4732.15 of the Revised Code, or patients of | 223 |
persons certified under section 4731.14 of the Revised Code. | 224 |
(D) No public official or employee shall use or authorize the | 225 |
use of the authority or influence of office or employment to | 226 |
secure anything of value or the promise or offer of anything of | 227 |
value that is of such a character as to manifest a substantial and | 228 |
improper influence upon the public official or employee with | 229 |
respect to that person's duties. | 230 |
(E) No public official or employee shall solicit or accept | 231 |
anything of value that is of such a character as to manifest a | 232 |
substantial and improper influence upon the public official or | 233 |
employee with respect to that person's duties. | 234 |
(F) No person shall promise or give to a public official or | 235 |
employee anything of value that is of such a character as to | 236 |
manifest a substantial and improper influence upon the public | 237 |
official or employee with respect to that person's duties. | 238 |
(G) In the absence of bribery or another offense under the | 239 |
Revised Code or a purpose to defraud, contributions made to a | 240 |
campaign committee, political party, legislative campaign fund, | 241 |
political action committee, or political contributing entity on | 242 |
behalf of an elected public officer or other public official or | 243 |
employee who seeks elective office shall be considered to accrue | 244 |
ordinarily to the public official or employee for the purposes of | 245 |
divisions (D), (E), and (F) of this section. | 246 |
As used in this division, "contributions," "campaign | 247 |
committee," "political party," "legislative campaign fund," | 248 |
"political action committee," and "political contributing entity" | 249 |
have the same meanings as in section 3517.01 of the Revised Code. | 250 |
(H)(1) No public official or employee, except for the | 251 |
president or other chief administrative officer of or a member of | 252 |
a board of trustees of a state institution of higher education as | 253 |
defined in section 3345.011 of the Revised Code, who is required | 254 |
to file a financial disclosure statement under section 102.02 of | 255 |
the Revised Code shall solicit or accept, and no person shall give | 256 |
to that public official or employee, an honorarium. Except as | 257 |
provided in division (H)(2) of this section, this division and | 258 |
divisions (D), (E), and (F) of this section do not prohibit a | 259 |
public official or employee who is required to file a financial | 260 |
disclosure statement under section 102.02 of the Revised Code from | 261 |
accepting and do not prohibit a person from giving to that public | 262 |
official or employee the payment of actual travel expenses, | 263 |
including any expenses incurred in connection with the travel for | 264 |
lodging, and meals, food, and beverages provided to the public | 265 |
official or employee at a meeting at which the public official or | 266 |
employee participates in a panel, seminar, or speaking engagement | 267 |
or provided to the public official or employee at a meeting or | 268 |
convention of a national organization to which any state agency, | 269 |
including, but not limited to, any state legislative agency or | 270 |
state institution of higher education as defined in section | 271 |
3345.011 of the Revised Code, pays membership dues. Except as | 272 |
provided in division (H)(2) of this section, this division and | 273 |
divisions (D), (E), and (F) of this section do not prohibit a | 274 |
public official or employee who is not required to file a | 275 |
financial disclosure statement under section 102.02 of the Revised | 276 |
Code from accepting and do not prohibit a person from promising or | 277 |
giving to that public official or employee an honorarium or the | 278 |
payment of travel, meal, and lodging expenses if the honorarium, | 279 |
expenses, or both were paid in recognition of demonstrable | 280 |
business, professional, or esthetic interests of the public | 281 |
official or employee that exist apart from public office or | 282 |
employment, including, but not limited to, such a demonstrable | 283 |
interest in public speaking and were not paid by any person or | 284 |
other entity, or by any representative or association of those | 285 |
persons or entities, that is regulated by, doing business with, or | 286 |
seeking to do business with the department, division, institution, | 287 |
board, commission, authority, bureau, or other instrumentality of | 288 |
the governmental entity with which the public official or employee | 289 |
serves. | 290 |
(2) No person who is a member of the board of a state | 291 |
retirement system, a state retirement system investment officer, | 292 |
or an employee of a state retirement system whose position | 293 |
involves substantial and material exercise of discretion in the | 294 |
investment of retirement system funds shall solicit or accept, and | 295 |
no person shall give to that board member, officer, or employee, | 296 |
payment of actual travel expenses, including expenses incurred | 297 |
with the travel for lodging, meals, food, and beverages. | 298 |
(I) A public official or employee may accept travel, meals, | 299 |
and lodging or expenses or reimbursement of expenses for travel, | 300 |
meals, and lodging in connection with conferences, seminars, and | 301 |
similar events related to official duties if the travel, meals, | 302 |
and lodging, expenses, or reimbursement is not of such a character | 303 |
as to manifest a substantial and improper influence upon the | 304 |
public official or employee with respect to that person's duties. | 305 |
The house of representatives and senate, in their code of ethics, | 306 |
and the Ohio ethics commission, under section 111.15 of the | 307 |
Revised Code, may adopt rules setting standards and conditions for | 308 |
the furnishing and acceptance of such travel, meals, and lodging, | 309 |
expenses, or reimbursement. | 310 |
A person who acts in compliance with this division and any | 311 |
applicable rules adopted under it, or any applicable, similar | 312 |
rules adopted by the supreme court governing judicial officers and | 313 |
employees, does not violate division (D), (E), or (F) of this | 314 |
section. This division does not preclude any person from seeking | 315 |
an advisory opinion from the appropriate ethics commission under | 316 |
section 102.08 of the Revised Code. | 317 |
(J) For purposes of divisions (D), (E), and (F) of this | 318 |
section, the membership of a public official or employee in an | 319 |
organization shall not be considered, in and of itself, to be of | 320 |
such a character as to manifest a substantial and improper | 321 |
influence on the public official or employee with respect to that | 322 |
person's duties. As used in this division, "organization" means a | 323 |
church or a religious, benevolent, fraternal, or professional | 324 |
organization that is tax exempt under subsection 501(a) and | 325 |
described in subsection 501(c)(3), (4), (8), (10), or (19) of the | 326 |
"Internal Revenue Code of 1986." This division does not apply to a | 327 |
public official or employee who is an employee of an organization, | 328 |
serves as a trustee, director, or officer of an organization, or | 329 |
otherwise holds a fiduciary relationship with an organization. | 330 |
This division does not allow a public official or employee who is | 331 |
a member of an organization to participate, formally or | 332 |
informally, in deliberations, discussions, or voting on a matter | 333 |
or to use | 334 |
position with regard to the interests of the organization on the | 335 |
matter if the public official or employee has assumed a particular | 336 |
responsibility in the organization with respect to the matter or | 337 |
if the matter would affect that person's personal, pecuniary | 338 |
interests. | 339 |
(K) It is not a violation of this section for a prosecuting | 340 |
attorney to appoint assistants and employees in accordance with | 341 |
division (B) of section 309.06 and section 2921.421 of the Revised | 342 |
Code, for a chief legal officer of a municipal corporation or an | 343 |
official designated as prosecutor in a municipal corporation to | 344 |
appoint assistants and employees in accordance with sections | 345 |
733.621 and 2921.421 of the Revised Code, for a township law | 346 |
director appointed under section 504.15 of the Revised Code to | 347 |
appoint assistants and employees in accordance with sections | 348 |
504.151 and 2921.421 of the Revised Code, or for a coroner to | 349 |
appoint assistants and employees in accordance with division (B) | 350 |
of section 313.05 of the Revised Code. | 351 |
As used in this division, "chief legal officer" has the same | 352 |
meaning as in section 733.621 of the Revised Code. | 353 |
(L) No present public official or employee with a casino | 354 |
gaming regulatory function shall indirectly invest, by way of an | 355 |
entity the public official or employee has an ownership interest | 356 |
or control in, or directly invest in a casino operator, management | 357 |
company, holding company, casino facility, or gaming-related | 358 |
vendor. No present public official or employee with a casino | 359 |
gaming regulatory function shall directly or indirectly have a | 360 |
financial interest in, have an ownership interest in, be the | 361 |
creditor or hold a debt instrument issued by, or have an interest | 362 |
in a contractual or service relationship with a casino operator, | 363 |
management company, holding company, casino facility, or | 364 |
gaming-related vendor. This section does not prohibit or limit | 365 |
permitted passive investing by the public official or employee. | 366 |
As used in this division, "passive investing" means | 367 |
investment by the public official or employee by means of a mutual | 368 |
fund in which the public official or employee has no control of | 369 |
the investments or investment decisions. "Casino operator," | 370 |
"holding company," "management company," "casino facility," and | 371 |
"gaming-related vendor" have the same meanings as in section | 372 |
3772.01 of the Revised Code. | 373 |
(M) A member of the Ohio casino control commission, the | 374 |
executive director of the commission, or an employee of the | 375 |
commission shall not: | 376 |
(1) Accept anything of value, including but not limited to a | 377 |
gift, gratuity, emolument, or employment from a casino operator, | 378 |
management company, or other person subject to the jurisdiction of | 379 |
the commission, or from an officer, attorney, agent, or employee | 380 |
of a casino operator, management company, or other person subject | 381 |
to the jurisdiction of the commission; | 382 |
(2) Solicit, suggest, request, or recommend, directly or | 383 |
indirectly, to a casino operator, management company, or other | 384 |
person subject to the jurisdiction of the commission, or to an | 385 |
officer, attorney, agent, or employee of a casino operator, | 386 |
management company, or other person subject to the jurisdiction of | 387 |
the commission, the appointment of a person to an office, place, | 388 |
position, or employment; | 389 |
(3) Participate in casino gaming or any other amusement or | 390 |
activity at a casino facility in this state or at an affiliate | 391 |
gaming facility of a licensed casino operator, wherever located. | 392 |
In addition to the penalty provided in section 102.99 of the | 393 |
Revised Code, whoever violates division (M)(1), (2), or (3) of | 394 |
this section forfeits the individual's office or employment. | 395 |
Sec. 121.02. The following administrative departments and | 396 |
their respective directors are hereby created: | 397 |
(A) The office of budget and management, which shall be | 398 |
administered by the director of budget and management; | 399 |
(B) The department of commerce, which shall be administered | 400 |
by the director of commerce; | 401 |
(C) The department of administrative services, which shall be | 402 |
administered by the director of administrative services; | 403 |
(D) The department of transportation, which shall be | 404 |
administered by the director of transportation; | 405 |
(E) The department of agriculture, which shall be | 406 |
administered by the director of agriculture; | 407 |
(F) The department of natural resources, which shall be | 408 |
administered by the director of natural resources; | 409 |
(G) The department of health, which shall be administered by | 410 |
the director of health; | 411 |
(H) The department of job and family services, which shall be | 412 |
administered by the director of job and family services; | 413 |
(I) Until July 1, 1997, the department of liquor control, | 414 |
which shall be administered by the director of liquor control; | 415 |
(J) The department of public safety, which shall be | 416 |
administered by the director of public safety; | 417 |
(K) The department of mental health, which shall be | 418 |
administered by the director of mental health; | 419 |
(L) The department of developmental disabilities, which shall | 420 |
be administered by the director of developmental disabilities; | 421 |
(M) The department of insurance, which shall be administered | 422 |
by the superintendent of insurance as director thereof; | 423 |
(N) The | 424 |
shall be administered by the director of development services; | 425 |
(O) The department of youth services, which shall be | 426 |
administered by the director of youth services; | 427 |
(P) The department of rehabilitation and correction, which | 428 |
shall be administered by the director of rehabilitation and | 429 |
correction; | 430 |
(Q) The environmental protection agency, which shall be | 431 |
administered by the director of environmental protection; | 432 |
(R) The department of aging, which shall be administered by | 433 |
the director of aging; | 434 |
(S) The department of alcohol and drug addiction services, | 435 |
which shall be administered by the director of alcohol and drug | 436 |
addiction services; | 437 |
(T) The department of veterans services, which shall be | 438 |
administered by the director of veterans services. | 439 |
The director of each department shall exercise the powers and | 440 |
perform the duties vested by law in such department. | 441 |
Sec. 121.03. The following administrative department heads | 442 |
shall be appointed by the governor, with the advice and consent of | 443 |
the senate, and shall hold their offices during the term of the | 444 |
appointing governor, and are subject to removal at the pleasure of | 445 |
the governor. | 446 |
(A) The director of budget and management; | 447 |
(B) The director of commerce; | 448 |
(C) The director of transportation; | 449 |
(D) The director of agriculture; | 450 |
(E) The director of job and family services; | 451 |
(F) Until July 1, 1997, the director of liquor control; | 452 |
(G) The director of public safety; | 453 |
(H) The superintendent of insurance; | 454 |
(I) The director of development services; | 455 |
(J) The tax commissioner; | 456 |
(K) The director of administrative services; | 457 |
(L) The director of natural resources; | 458 |
(M) The director of mental health; | 459 |
(N) The director of developmental disabilities; | 460 |
(O) The director of health; | 461 |
(P) The director of youth services; | 462 |
(Q) The director of rehabilitation and correction; | 463 |
(R) The director of environmental protection; | 464 |
(S) The director of aging; | 465 |
(T) The director of alcohol and drug addiction services; | 466 |
(U) The administrator of workers' compensation who meets the | 467 |
qualifications required under division (A) of section 4121.121 of | 468 |
the Revised Code; | 469 |
(V) The director of veterans services who meets the | 470 |
qualifications required under section 5902.01 of the Revised Code; | 471 |
(W) The chancellor of the Ohio board of regents. | 472 |
Sec. 121.22. (A) This section shall be liberally construed | 473 |
to require public officials to take official action and to conduct | 474 |
all deliberations upon official business only in open meetings | 475 |
unless the subject matter is specifically excepted by law. | 476 |
(B) As used in this section: | 477 |
(1) "Public body" means any of the following: | 478 |
(a) Any board, commission, committee, council, or similar | 479 |
decision-making body of a state agency, institution, or authority, | 480 |
and any legislative authority or board, commission, committee, | 481 |
council, agency, authority, or similar decision-making body of any | 482 |
county, township, municipal corporation, school district, or other | 483 |
political subdivision or local public institution; | 484 |
(b) Any committee or subcommittee of a body described in | 485 |
division (B)(1)(a) of this section; | 486 |
(c) A court of jurisdiction of a sanitary district organized | 487 |
wholly for the purpose of providing a water supply for domestic, | 488 |
municipal, and public use when meeting for the purpose of the | 489 |
appointment, removal, or reappointment of a member of the board of | 490 |
directors of such a district pursuant to section 6115.10 of the | 491 |
Revised Code, if applicable, or for any other matter related to | 492 |
such a district other than litigation involving the district. As | 493 |
used in division (B)(1)(c) of this section, "court of | 494 |
jurisdiction" has the same meaning as "court" in section 6115.01 | 495 |
of the Revised Code. | 496 |
(2) "Meeting" means any prearranged discussion of the public | 497 |
business of the public body by a majority of its members. | 498 |
(3) "Regulated individual" means either of the following: | 499 |
(a) A student in a state or local public educational | 500 |
institution; | 501 |
(b) A person who is, voluntarily or involuntarily, an inmate, | 502 |
patient, or resident of a state or local institution because of | 503 |
criminal behavior, mental illness or retardation, disease, | 504 |
disability, age, or other condition requiring custodial care. | 505 |
(4) "Public office" has the same meaning as in section | 506 |
149.011 of the Revised Code. | 507 |
(C) All meetings of any public body are declared to be public | 508 |
meetings open to the public at all times. A member of a public | 509 |
body shall be present in person at a meeting open to the public to | 510 |
be considered present or to vote at the meeting and for purposes | 511 |
of determining whether a quorum is present at the meeting. | 512 |
The minutes of a regular or special meeting of any public | 513 |
body shall be promptly prepared, filed, and maintained and shall | 514 |
be open to public inspection. The minutes need only reflect the | 515 |
general subject matter of discussions in executive sessions | 516 |
authorized under division (G) or (J) of this section. | 517 |
(D) This section does not apply to any of the following: | 518 |
(1) A grand jury; | 519 |
(2) An audit conference conducted by the auditor of state or | 520 |
independent certified public accountants with officials of the | 521 |
public office that is the subject of the audit; | 522 |
(3) The adult parole authority when its hearings are | 523 |
conducted at a correctional institution for the sole purpose of | 524 |
interviewing inmates to determine parole or pardon; | 525 |
(4) The organized crime investigations commission established | 526 |
under section 177.01 of the Revised Code; | 527 |
(5) Meetings of a child fatality review board established | 528 |
under section 307.621 of the Revised Code and meetings conducted | 529 |
pursuant to sections 5153.171 to 5153.173 of the Revised Code; | 530 |
(6) The state medical board when determining whether to | 531 |
suspend a certificate without a prior hearing pursuant to division | 532 |
(G) of either section 4730.25 or 4731.22 of the Revised Code; | 533 |
(7) The board of nursing when determining whether to suspend | 534 |
a license or certificate without a prior hearing pursuant to | 535 |
division (B) of section 4723.281 of the Revised Code; | 536 |
(8) The state board of pharmacy when determining whether to | 537 |
suspend a license without a prior hearing pursuant to division (D) | 538 |
of section 4729.16 of the Revised Code; | 539 |
(9) The state chiropractic board when determining whether to | 540 |
suspend a license without a hearing pursuant to section 4734.37 of | 541 |
the Revised Code; | 542 |
(10) The executive committee of the emergency response | 543 |
commission when determining whether to issue an enforcement order | 544 |
or request that a civil action, civil penalty action, or criminal | 545 |
action be brought to enforce Chapter 3750. of the Revised Code; | 546 |
(11) The board of directors of the nonprofit corporation | 547 |
formed under section 187.01 of the Revised Code or any committee | 548 |
thereof, and the board of directors of any subsidiary of that | 549 |
corporation or a committee thereof; | 550 |
(12) An audit conference conducted by the audit staff of the | 551 |
department of job and family services with officials of the public | 552 |
office that is the subject of that audit under section 5101.37 of | 553 |
the Revised Code. | 554 |
(E) The controlling board, the | 555 |
556 | |
council, the tax credit authority, or the minority development | 557 |
financing advisory board, when meeting to consider granting | 558 |
assistance pursuant to Chapter 122. or 166. of the Revised Code, | 559 |
in order to protect the interest of the applicant or the possible | 560 |
investment of public funds, by unanimous vote of all board, | 561 |
council, or authority members present, may close the meeting | 562 |
during consideration of the following information confidentially | 563 |
received by the authority, council, or board from the applicant: | 564 |
(1) Marketing plans; | 565 |
(2) Specific business strategy; | 566 |
(3) Production techniques and trade secrets; | 567 |
(4) Financial projections; | 568 |
(5) Personal financial statements of the applicant or members | 569 |
of the applicant's immediate family, including, but not limited | 570 |
to, tax records or other similar information not open to public | 571 |
inspection. | 572 |
The vote by the authority, council, or board to accept or | 573 |
reject the application, as well as all proceedings of the | 574 |
authority, council, or board not subject to this division, shall | 575 |
be open to the public and governed by this section. | 576 |
(F) Every public body, by rule, shall establish a reasonable | 577 |
method whereby any person may determine the time and place of all | 578 |
regularly scheduled meetings and the time, place, and purpose of | 579 |
all special meetings. A public body shall not hold a special | 580 |
meeting unless it gives at least twenty-four hours' advance notice | 581 |
to the news media that have requested notification, except in the | 582 |
event of an emergency requiring immediate official action. In the | 583 |
event of an emergency, the member or members calling the meeting | 584 |
shall notify the news media that have requested notification | 585 |
immediately of the time, place, and purpose of the meeting. | 586 |
The rule shall provide that any person, upon request and | 587 |
payment of a reasonable fee, may obtain reasonable advance | 588 |
notification of all meetings at which any specific type of public | 589 |
business is to be discussed. Provisions for advance notification | 590 |
may include, but are not limited to, mailing the agenda of | 591 |
meetings to all subscribers on a mailing list or mailing notices | 592 |
in self-addressed, stamped envelopes provided by the person. | 593 |
(G) Except as provided in division (J) of this section, the | 594 |
members of a public body may hold an executive session only after | 595 |
a majority of a quorum of the public body determines, by a roll | 596 |
call vote, to hold an executive session and only at a regular or | 597 |
special meeting for the sole purpose of the consideration of any | 598 |
of the following matters: | 599 |
(1) To consider the appointment, employment, dismissal, | 600 |
discipline, promotion, demotion, or compensation of a public | 601 |
employee or official, or the investigation of charges or | 602 |
complaints against a public employee, official, licensee, or | 603 |
regulated individual, unless the public employee, official, | 604 |
licensee, or regulated individual requests a public hearing. | 605 |
Except as otherwise provided by law, no public body shall hold an | 606 |
executive session for the discipline of an elected official for | 607 |
conduct related to the performance of the elected official's | 608 |
official duties or for the elected official's removal from office. | 609 |
If a public body holds an executive session pursuant to division | 610 |
(G)(1) of this section, the motion and vote to hold that executive | 611 |
session shall state which one or more of the approved purposes | 612 |
listed in division (G)(1) of this section are the purposes for | 613 |
which the executive session is to be held, but need not include | 614 |
the name of any person to be considered at the meeting. | 615 |
(2) To consider the purchase of property for public purposes, | 616 |
or for the sale of property at competitive bidding, if premature | 617 |
disclosure of information would give an unfair competitive or | 618 |
bargaining advantage to a person whose personal, private interest | 619 |
is adverse to the general public interest. No member of a public | 620 |
body shall use division (G)(2) of this section as a subterfuge for | 621 |
providing covert information to prospective buyers or sellers. A | 622 |
purchase or sale of public property is void if the seller or buyer | 623 |
of the public property has received covert information from a | 624 |
member of a public body that has not been disclosed to the general | 625 |
public in sufficient time for other prospective buyers and sellers | 626 |
to prepare and submit offers. | 627 |
If the minutes of the public body show that all meetings and | 628 |
deliberations of the public body have been conducted in compliance | 629 |
with this section, any instrument executed by the public body | 630 |
purporting to convey, lease, or otherwise dispose of any right, | 631 |
title, or interest in any public property shall be conclusively | 632 |
presumed to have been executed in compliance with this section | 633 |
insofar as title or other interest of any bona fide purchasers, | 634 |
lessees, or transferees of the property is concerned. | 635 |
(3) Conferences with an attorney for the public body | 636 |
concerning disputes involving the public body that are the subject | 637 |
of pending or imminent court action; | 638 |
(4) Preparing for, conducting, or reviewing negotiations or | 639 |
bargaining sessions with public employees concerning their | 640 |
compensation or other terms and conditions of their employment; | 641 |
(5) Matters required to be kept confidential by federal law | 642 |
or regulations or state statutes; | 643 |
(6) Details relative to the security arrangements and | 644 |
emergency response protocols for a public body or a public office, | 645 |
if disclosure of the matters discussed could reasonably be | 646 |
expected to jeopardize the security of the public body or public | 647 |
office; | 648 |
(7) In the case of a county hospital operated pursuant to | 649 |
Chapter 339. of the Revised Code, a joint township hospital | 650 |
operated pursuant to Chapter 513. of the Revised Code, or a | 651 |
municipal hospital operated pursuant to Chapter 749. of the | 652 |
Revised Code, to consider trade secrets, as defined in section | 653 |
1333.61 of the Revised Code. | 654 |
If a public body holds an executive session to consider any | 655 |
of the matters listed in divisions (G)(2) to (7) of this section, | 656 |
the motion and vote to hold that executive session shall state | 657 |
which one or more of the approved matters listed in those | 658 |
divisions are to be considered at the executive session. | 659 |
A public body specified in division (B)(1)(c) of this section | 660 |
shall not hold an executive session when meeting for the purposes | 661 |
specified in that division. | 662 |
(H) A resolution, rule, or formal action of any kind is | 663 |
invalid unless adopted in an open meeting of the public body. A | 664 |
resolution, rule, or formal action adopted in an open meeting that | 665 |
results from deliberations in a meeting not open to the public is | 666 |
invalid unless the deliberations were for a purpose specifically | 667 |
authorized in division (G) or (J) of this section and conducted at | 668 |
an executive session held in compliance with this section. A | 669 |
resolution, rule, or formal action adopted in an open meeting is | 670 |
invalid if the public body that adopted the resolution, rule, or | 671 |
formal action violated division (F) of this section. | 672 |
(I)(1) Any person may bring an action to enforce this | 673 |
section. An action under division (I)(1) of this section shall be | 674 |
brought within two years after the date of the alleged violation | 675 |
or threatened violation. Upon proof of a violation or threatened | 676 |
violation of this section in an action brought by any person, the | 677 |
court of common pleas shall issue an injunction to compel the | 678 |
members of the public body to comply with its provisions. | 679 |
(2)(a) If the court of common pleas issues an injunction | 680 |
pursuant to division (I)(1) of this section, the court shall order | 681 |
the public body that it enjoins to pay a civil forfeiture of five | 682 |
hundred dollars to the party that sought the injunction and shall | 683 |
award to that party all court costs and, subject to reduction as | 684 |
described in division (I)(2) of this section, reasonable | 685 |
attorney's fees. The court, in its discretion, may reduce an award | 686 |
of attorney's fees to the party that sought the injunction or not | 687 |
award attorney's fees to that party if the court determines both | 688 |
of the following: | 689 |
(i) That, based on the ordinary application of statutory law | 690 |
and case law as it existed at the time of violation or threatened | 691 |
violation that was the basis of the injunction, a well-informed | 692 |
public body reasonably would believe that the public body was not | 693 |
violating or threatening to violate this section; | 694 |
(ii) That a well-informed public body reasonably would | 695 |
believe that the conduct or threatened conduct that was the basis | 696 |
of the injunction would serve the public policy that underlies the | 697 |
authority that is asserted as permitting that conduct or | 698 |
threatened conduct. | 699 |
(b) If the court of common pleas does not issue an injunction | 700 |
pursuant to division (I)(1) of this section and the court | 701 |
determines at that time that the bringing of the action was | 702 |
frivolous conduct, as defined in division (A) of section 2323.51 | 703 |
of the Revised Code, the court shall award to the public body all | 704 |
court costs and reasonable attorney's fees, as determined by the | 705 |
court. | 706 |
(3) Irreparable harm and prejudice to the party that sought | 707 |
the injunction shall be conclusively and irrebuttably presumed | 708 |
upon proof of a violation or threatened violation of this section. | 709 |
(4) A member of a public body who knowingly violates an | 710 |
injunction issued pursuant to division (I)(1) of this section may | 711 |
be removed from office by an action brought in the court of common | 712 |
pleas for that purpose by the prosecuting attorney or the attorney | 713 |
general. | 714 |
(J)(1) Pursuant to division (C) of section 5901.09 of the | 715 |
Revised Code, a veterans service commission shall hold an | 716 |
executive session for one or more of the following purposes unless | 717 |
an applicant requests a public hearing: | 718 |
(a) Interviewing an applicant for financial assistance under | 719 |
sections 5901.01 to 5901.15 of the Revised Code; | 720 |
(b) Discussing applications, statements, and other documents | 721 |
described in division (B) of section 5901.09 of the Revised Code; | 722 |
(c) Reviewing matters relating to an applicant's request for | 723 |
financial assistance under sections 5901.01 to 5901.15 of the | 724 |
Revised Code. | 725 |
(2) A veterans service commission shall not exclude an | 726 |
applicant for, recipient of, or former recipient of financial | 727 |
assistance under sections 5901.01 to 5901.15 of the Revised Code, | 728 |
and shall not exclude representatives selected by the applicant, | 729 |
recipient, or former recipient, from a meeting that the commission | 730 |
conducts as an executive session that pertains to the applicant's, | 731 |
recipient's, or former recipient's application for financial | 732 |
assistance. | 733 |
(3) A veterans service commission shall vote on the grant or | 734 |
denial of financial assistance under sections 5901.01 to 5901.15 | 735 |
of the Revised Code only in an open meeting of the commission. The | 736 |
minutes of the meeting shall indicate the name, address, and | 737 |
occupation of the applicant, whether the assistance was granted or | 738 |
denied, the amount of the assistance if assistance is granted, and | 739 |
the votes for and against the granting of assistance. | 740 |
Sec. 122.01. (A) As used in the Revised Code, the | 741 |
"department of development" means the development services agency | 742 |
and the "director of development" means the director of | 743 |
development services. Whenever the department or director of | 744 |
development is referred to or designated in any statute, rule, | 745 |
contract, grant, or other document, the reference or designation | 746 |
shall be deemed to refer to the development services agency or | 747 |
director of development services, as the case may be. | 748 |
(B) As used in this chapter: | 749 |
| 750 |
taxation, fiscal administration, governmental structure and | 751 |
organization, intergovernmental cooperation, education and | 752 |
training, employment needs, community planning and development, | 753 |
air and water pollution, public safety and the administration of | 754 |
justice, housing, mass transportation, community facilities and | 755 |
services, health, welfare, recreation, open space, and the | 756 |
development of human resources. | 757 |
| 758 |
following: | 759 |
| 760 |
college or university; | 761 |
| 762 |
director, assistant director, deputy director, assistant deputy | 763 |
director, manager, office chief, assistant office chief, or | 764 |
program director. | 765 |
| 766 |
| 767 |
to their job description or in accordance with the Revised Code; | 768 |
| 769 |
development services' office or the legal office, communications | 770 |
office, finance office, legislative affairs office, or human | 771 |
resources office of the | 772 |
| 773 |
774 |
Sec. 122.011. (A) The | 775 |
agency shall develop and promote plans and programs designed to | 776 |
assure that state resources are efficiently used, economic growth | 777 |
is properly balanced, community growth is developed in an orderly | 778 |
manner, and local governments are coordinated with each other and | 779 |
the state, and for such purposes may do all of the following: | 780 |
(1) Serve as a clearinghouse for information, data, and other | 781 |
materials that may be helpful or necessary to persons or local | 782 |
governments, as provided in section | 783 |
Code; | 784 |
(2) Prepare and activate plans for the retention, | 785 |
development, expansion, and use of the resources and commerce of | 786 |
the state, as provided in section 122.04 of the Revised Code; | 787 |
(3) Assist and cooperate with federal, state, and local | 788 |
governments and agencies of federal, state, and local governments | 789 |
in the coordination of programs to carry out the functions and | 790 |
duties of the | 791 |
(4) Encourage and foster research and development activities, | 792 |
conduct studies related to the solution of community problems, and | 793 |
develop recommendations for administrative or legislative actions, | 794 |
as provided in section 122.03 of the Revised Code; | 795 |
(5) Serve as the economic and community development planning | 796 |
agency, which shall prepare and recommend plans and programs for | 797 |
the orderly growth and development of this state and which shall | 798 |
provide planning assistance, as provided in section 122.06 of the | 799 |
Revised Code; | 800 |
(6) Cooperate with and provide technical assistance to state | 801 |
departments, political subdivisions, regional and local planning | 802 |
commissions, tourist associations, councils of government, | 803 |
community development groups, community action agencies, and other | 804 |
appropriate organizations for carrying out the functions and | 805 |
duties of the | 806 |
solution of community problems; | 807 |
(7) Coordinate the activities of state agencies that have an | 808 |
impact on carrying out the functions and duties of the | 809 |
development services agency; | 810 |
(8) Encourage and assist the efforts of and cooperate with | 811 |
local governments to develop mutual and cooperative solutions to | 812 |
their common problems that relate to carrying out the purposes of | 813 |
this section; | 814 |
(9) Study existing structure, operations, and financing of | 815 |
regional or local government and those state activities that | 816 |
involve significant relations with regional or local governmental | 817 |
units, recommend to the governor and to the general assembly such | 818 |
changes in these provisions and activities as will improve the | 819 |
operations of regional or local government, and conduct other | 820 |
studies of legal provisions that affect problems related to | 821 |
carrying out the purposes of this section; | 822 |
(10) Create and operate a division of community development | 823 |
to develop and administer programs and activities that are | 824 |
authorized by federal statute or the Revised Code; | 825 |
(11) Until October 15, 2007, establish fees and charges, in | 826 |
consultation with the director of agriculture, for purchasing | 827 |
loans from financial institutions and providing loan guarantees | 828 |
under the family farm loan program created under sections 901.80 | 829 |
to 901.83 of the Revised Code; | 830 |
(12) Provide loan servicing for the loans purchased and loan | 831 |
guarantees provided under section 901.80 of the Revised Code as | 832 |
that section existed prior to October 15, 2007; | 833 |
(13) Until October 15, 2007, and upon approval by the | 834 |
controlling board under division (A)(3) of section 901.82 of the | 835 |
Revised Code of the release of money to be used for purchasing a | 836 |
loan or providing a loan guarantee, request the release of that | 837 |
money in accordance with division (B) of section 166.03 of the | 838 |
Revised Code for use for the purposes of the fund created by | 839 |
section 166.031 of the Revised Code. | 840 |
(14) Allocate that portion of the national recovery zone | 841 |
economic development bond limitation and that portion of the | 842 |
national recovery zone facility bond limitation that has been | 843 |
allocated to the state under section 1400U-1 of the Internal | 844 |
Revenue Code, 26 U.S.C. 1400U-1. If any county or municipal | 845 |
corporation waives any portion of an allocation it receives under | 846 |
division (A)(14) of this section, the | 847 |
reallocate that amount. Any allocation or reallocation shall be | 848 |
made in accordance with this section and section 1400U-1 of the | 849 |
Internal Revenue Code. | 850 |
(B) The director of development services may request the | 851 |
attorney general to, and the attorney general, in accordance with | 852 |
section 109.02 of the Revised Code, shall bring a civil action in | 853 |
any court of competent jurisdiction. The director may be sued in | 854 |
the director's official capacity, in connection with this chapter, | 855 |
in accordance with Chapter 2743. of the Revised Code. | 856 |
(C) The director | 857 |
pursuant to section 187.04 of the Revised Code with the nonprofit | 858 |
corporation formed under section 187.01 of the Revised Code, and | 859 |
may execute any additional contracts with the corporation | 860 |
providing for the corporation to assist the director or | 861 |
agency in carrying out any duties of the director or | 862 |
agency under this chapter, under any other provision of the | 863 |
Revised Code dealing with economic development, or under a | 864 |
contract with the director, subject to section 187.04 of the | 865 |
Revised Code. | 866 |
Sec. 122.07. (A) There is hereby created within the | 867 |
development services agency an office to be known as the office of | 868 |
TourismOhio. The office shall be under the supervision of a | 869 |
director who shall be of equivalent rank of deputy director of the | 870 |
agency and shall serve at the pleasure of the director of | 871 |
development services. | 872 |
(B) The office shall do both of the following: | 873 |
(1) Promote the state as a travel destination and provide | 874 |
related services or otherwise carry out the promotional functions | 875 |
or duties of the agency, as necessary; | 876 |
(2) Perform an annual return-on-investment study analyzing | 877 |
the office's success in promoting Ohio tourism. A report | 878 |
containing the findings of the study shall be submitted to the | 879 |
governor, the speaker of the house of representatives, and the | 880 |
president of the senate. The report shall also be made available | 881 |
to the public. | 882 |
Sec. 122.071. (A) The TourismOhio advisory board is hereby | 883 |
established to advise the director of development services and the | 884 |
director of the office of TourismOhio on strategies for promoting | 885 |
tourism in this state. The board shall consist of the chief | 886 |
investment officer of the nonprofit corporation formed under | 887 |
section 187.01 of the Revised Code, the director of the office of | 888 |
TourismOhio, and eight members to be appointed by the governor as | 889 |
provided in division (B) of this section. All members of the | 890 |
board, except the director of the office of TourismOhio, shall be | 891 |
voting members. | 892 |
(B)(1) The governor shall, within sixty days after the | 893 |
effective date of this section, appoint to the TourismOhio | 894 |
advisory board one individual who is a representative of | 895 |
convention and visitors' bureaus, one individual who is a | 896 |
representative of the lodging industry, one individual who is a | 897 |
representative of the restaurant industry, one individual who is a | 898 |
representative of attractions, one individual who is a | 899 |
representative of special events and festivals, and three | 900 |
individuals who are representatives of the tourism industry. Of | 901 |
the initial appointments, two individuals shall serve a term of | 902 |
one year, two individuals shall serve a term of two years, and the | 903 |
remainder shall serve a term of three years. Each individual | 904 |
appointed to the board shall be a United States citizen. | 905 |
(2) For purposes of division (B)(1) of this section, an | 906 |
individual is a "representative of the tourism industry" if the | 907 |
individual possesses five years or more executive-level experience | 908 |
in the attractions, lodging, restaurant, transportation, or retail | 909 |
industry or five years or more executive-level experience with a | 910 |
destination marketing organization. | 911 |
(C)(1) Each member of the TourismOhio advisory board shall | 912 |
hold office from the date of the member's appointment until the | 913 |
end of the term for which the member is appointed. Vacancies that | 914 |
occur on the board shall be filled in the manner prescribed for | 915 |
regular appointments to the board. A member appointed to fill a | 916 |
vacancy occurring prior to the expiration of the term for which | 917 |
the member's predecessor was appointed shall hold office for the | 918 |
remainder of that predecessor's term. A member shall continue in | 919 |
office subsequent to the expiration date of the member's term | 920 |
until the member's successor takes office or until sixty days have | 921 |
elapsed, whichever occurs first. Any member appointed to the board | 922 |
is eligible for reappointment. | 923 |
(2) The governor shall designate one member of the board as | 924 |
chairperson. | 925 |
(3) Members appointed to the board may be reimbursed for | 926 |
actual and necessary expenses incurred in connection with their | 927 |
official duties. | 928 |
| 929 |
treasury the | 930 |
consisting of | 931 |
gifts, and contributions made directly to | 932 |
933 | |
934 | |
incurred by the office of TourismOhio in promoting this state | 935 |
936 | |
937 |
| 938 |
services agency may do | 939 |
(1) Disseminate information concerning the industrial, | 940 |
commercial, governmental, educational, cultural, recreational, | 941 |
agricultural, and other advantages and attractions of the state; | 942 |
(2) Provide technical assistance to public and private | 943 |
agencies in the preparation of promotional programs designed to | 944 |
attract business, industry, and tourists to the state; | 945 |
(3) Enter into cooperative or contractual agreements, through | 946 |
the director of development services, with any individual, | 947 |
organization, or business to create, administer, or otherwise be | 948 |
involved with Ohio tourism-related promotional programs. | 949 |
Compensation under such agreements shall be determined by the | 950 |
director and may include deferred compensation. This compensation | 951 |
is payable from the tourism fund created in section 122.072 of the | 952 |
Revised Code. Any excess revenue generated under such a | 953 |
cooperative or contractual agreement shall be remitted to the fund | 954 |
to be reinvested in ongoing tourism marketing initiatives as | 955 |
authorized by law. | 956 |
(B) Records related to tourism market research submitted to | 957 |
or generated by the | 958 |
959 | |
information taken for any purpose from such research, are not | 960 |
public records for the purposes of section 149.43 of the Revised | 961 |
Code. The | 962 |
research in a public report if the director | 963 |
determines that issuing and distributing the report would promote | 964 |
or market the state's travel and tourism industry or otherwise | 965 |
advance the purposes of this section. | 966 |
Sec. 122.17. (A) As used in this section: | 967 |
(1) "Income tax revenue" means the total amount withheld | 968 |
under section 5747.06 of the Revised Code by the taxpayer during | 969 |
the taxable year, or during the calendar year that includes the | 970 |
tax period, from the compensation of each employee employed in the | 971 |
project to the extent the employee's withholdings are not used to | 972 |
determine the credit under section 122.171 of the Revised Code. | 973 |
"Income tax revenue" excludes amounts withheld before the day the | 974 |
taxpayer becomes eligible for the credit. | 975 |
(2) "Baseline income tax revenue" means income tax revenue | 976 |
except that the applicable withholding period is the twelve months | 977 |
immediately preceding the date the tax credit authority approves | 978 |
the taxpayer's application or the date the tax credit authority | 979 |
receives the recommendation described in division (C)(2)(a) of | 980 |
this section, whichever occurs first, multiplied by the sum of one | 981 |
plus an annual pay increase factor to be determined by the tax | 982 |
credit authority. If the taxpayer becomes eligible for the credit | 983 |
after the first day of the taxpayer's taxable year or after the | 984 |
first day of the calendar year that includes the tax period, the | 985 |
taxpayer's baseline income tax revenue for the first such taxable | 986 |
or calendar year of credit eligibility shall be reduced in | 987 |
proportion to the number of days during the taxable or calendar | 988 |
year for which the taxpayer was not eligible for the credit. For | 989 |
subsequent taxable or calendar years, "baseline income tax | 990 |
revenue" equals the unreduced baseline income tax revenue for the | 991 |
preceding taxable or calendar year multiplied by the sum of one | 992 |
plus the pay increase factor. | 993 |
(3) "Excess income tax revenue" means income tax revenue | 994 |
minus baseline income tax revenue. | 995 |
(B) The tax credit authority may make grants under this | 996 |
section to foster job creation in this state. Such a grant shall | 997 |
take the form of a refundable credit allowed against the tax | 998 |
imposed by section 5725.18, 5729.03, 5733.06, or 5747.02 or levied | 999 |
under Chapter 5751. of the Revised Code. The credit shall be | 1000 |
claimed for the taxable years or tax periods specified in the | 1001 |
taxpayer's agreement with the tax credit authority under division | 1002 |
(D) of this section. With respect to taxes imposed under section | 1003 |
5733.06 or 5747.02 or Chapter 5751. of the Revised Code, the | 1004 |
credit shall be claimed in the order required under section | 1005 |
5733.98, 5747.98, or 5751.98 of the Revised Code. The amount of | 1006 |
the credit available for a taxable year or for a calendar year | 1007 |
that includes a tax period equals the excess income tax revenue | 1008 |
for that year multiplied by the percentage specified in the | 1009 |
agreement with the tax credit authority. Any credit granted under | 1010 |
this section against the tax imposed by section 5733.06 or 5747.02 | 1011 |
of the Revised Code, to the extent not fully utilized against such | 1012 |
tax for taxable years ending prior to 2008, shall automatically be | 1013 |
converted without any action taken by the tax credit authority to | 1014 |
a credit against the tax levied under Chapter 5751. of the Revised | 1015 |
Code for tax periods beginning on or after July 1, 2008, provided | 1016 |
that the person to whom the credit was granted is subject to such | 1017 |
tax. The converted credit shall apply to those calendar years in | 1018 |
which the remaining taxable years specified in the agreement end. | 1019 |
(C)(1) A taxpayer or potential taxpayer who proposes a | 1020 |
project to create new jobs in this state may apply to the tax | 1021 |
credit authority to enter into an agreement for a tax credit under | 1022 |
this section. The director of development services shall prescribe | 1023 |
the form of the application. After receipt of an application, the | 1024 |
authority may enter into an agreement with the taxpayer for a | 1025 |
credit under this section if it determines all of the following: | 1026 |
| 1027 |
income tax revenue; | 1028 |
| 1029 |
benefit the people of this state by increasing opportunities for | 1030 |
employment and strengthening the economy of this state; | 1031 |
| 1032 |
taxpayer's decision to go forward with the project. | 1033 |
(2)(a) A taxpayer that chooses to begin the project prior to | 1034 |
receiving the determination of the authority may, upon submitting | 1035 |
the taxpayer's application to the authority, request that the | 1036 |
chief investment officer of the nonprofit corporation formed under | 1037 |
section 187.01 of the Revised Code and the director review the | 1038 |
taxpayer's application and recommend to the authority that the | 1039 |
taxpayer's application be considered. As soon as possible after | 1040 |
receiving such a request, the chief investment officer and the | 1041 |
director shall review the taxpayer's application and, if they | 1042 |
determine that the application warrants consideration by the | 1043 |
authority, make that recommendation to the authority not later | 1044 |
than six months after the application is received by the | 1045 |
authority. | 1046 |
(b) The authority shall consider any taxpayer's application | 1047 |
for which it receives a recommendation under division (C)(2)(a) of | 1048 |
this section. If the authority determines that the taxpayer does | 1049 |
not meet all of the criteria set forth in division (C)(1) of this | 1050 |
section, the authority and the development services agency shall | 1051 |
proceed in accordance with rules adopted by the director pursuant | 1052 |
to division (I) of this section. | 1053 |
(D) An agreement under this section shall include all of the | 1054 |
following: | 1055 |
(1) A detailed description of the project that is the subject | 1056 |
of the agreement; | 1057 |
(2) The term of the tax credit, which shall not exceed | 1058 |
fifteen years, and the first taxable year, or first calendar year | 1059 |
that includes a tax period, for which the credit may be claimed; | 1060 |
(3) A requirement that the taxpayer shall maintain operations | 1061 |
at the project location for at least the greater of seven years or | 1062 |
the term of the credit plus three years; | 1063 |
(4) The percentage, as determined by the tax credit | 1064 |
authority, of excess income tax revenue that will be allowed as | 1065 |
the amount of the credit for each taxable year or for each | 1066 |
calendar year that includes a tax period; | 1067 |
(5) The pay increase factor to be applied to the taxpayer's | 1068 |
baseline income tax revenue; | 1069 |
(6) A requirement that the taxpayer annually shall report to | 1070 |
the director of development services employment, tax withholding, | 1071 |
investment, and other information the director needs to perform | 1072 |
the director's duties under this section; | 1073 |
(7) A requirement that the director of development services | 1074 |
annually review the information reported under division (D)(6) of | 1075 |
this section and verify compliance with the agreement; if the | 1076 |
taxpayer is in compliance, a requirement that the director issue a | 1077 |
certificate to the taxpayer stating that the information has been | 1078 |
verified and identifying the amount of the credit that may be | 1079 |
claimed for the taxable or calendar year; | 1080 |
(8) A provision providing that the taxpayer may not relocate | 1081 |
a substantial number of employment positions from elsewhere in | 1082 |
this state to the project location unless the director of | 1083 |
development services determines that the legislative authority of | 1084 |
the county, township, or municipal corporation from which the | 1085 |
employment positions would be relocated has been notified by the | 1086 |
taxpayer of the relocation. | 1087 |
For purposes of this section, the movement of an employment | 1088 |
position from one political subdivision to another political | 1089 |
subdivision shall be considered a relocation of an employment | 1090 |
position unless the employment position in the first political | 1091 |
subdivision is replaced. | 1092 |
(E) If a taxpayer fails to meet or comply with any condition | 1093 |
or requirement set forth in a tax credit agreement, the tax credit | 1094 |
authority may amend the agreement to reduce the percentage or term | 1095 |
of the tax credit. The reduction of the percentage or term may | 1096 |
take effect in the current taxable or calendar year. | 1097 |
(F) Projects that consist solely of point-of-final-purchase | 1098 |
retail facilities are not eligible for a tax credit under this | 1099 |
section. If a project consists of both point-of-final-purchase | 1100 |
retail facilities and nonretail facilities, only the portion of | 1101 |
the project consisting of the nonretail facilities is eligible for | 1102 |
a tax credit and only the excess income tax revenue from the | 1103 |
nonretail facilities shall be considered when computing the amount | 1104 |
of the tax credit. If a warehouse facility is part of a | 1105 |
point-of-final-purchase retail facility and supplies only that | 1106 |
facility, the warehouse facility is not eligible for a tax credit. | 1107 |
Catalog distribution centers are not considered | 1108 |
point-of-final-purchase retail facilities for the purposes of this | 1109 |
division, and are eligible for tax credits under this section. | 1110 |
(G) Financial statements and other information submitted to | 1111 |
the | 1112 |
authority by an applicant or recipient of a tax credit under this | 1113 |
section, and any information taken for any purpose from such | 1114 |
statements or information, are not public records subject to | 1115 |
section 149.43 of the Revised Code. However, the chairperson of | 1116 |
the authority may make use of the statements and other information | 1117 |
for purposes of issuing public reports or in connection with court | 1118 |
proceedings concerning tax credit agreements under this section. | 1119 |
Upon the request of the tax commissioner or, if the applicant or | 1120 |
recipient is an insurance company, upon the request of the | 1121 |
superintendent of insurance, the chairperson of the authority | 1122 |
shall provide to the commissioner or superintendent any statement | 1123 |
or information submitted by an applicant or recipient of a tax | 1124 |
credit in connection with the credit. The commissioner or | 1125 |
superintendent shall preserve the confidentiality of the statement | 1126 |
or information. | 1127 |
(H) A taxpayer claiming a credit under this section shall | 1128 |
submit to the tax commissioner or, if the taxpayer is an insurance | 1129 |
company, to the superintendent of insurance, a copy of the | 1130 |
director of
| 1131 |
verification under division (D)(7) of this section with the | 1132 |
taxpayer's tax report or return for the taxable year or for the | 1133 |
calendar year that includes the tax period. Failure to submit a | 1134 |
copy of the certificate with the report or return does not | 1135 |
invalidate a claim for a credit if the taxpayer submits a copy of | 1136 |
the certificate to the commissioner or superintendent within sixty | 1137 |
days after the commissioner or superintendent requests it. | 1138 |
(I) The director of development services, after consultation | 1139 |
with the tax commissioner and the superintendent of insurance and | 1140 |
in accordance with Chapter 119. of the Revised Code, shall adopt | 1141 |
rules necessary to implement this section, including rules that | 1142 |
establish a procedure to be followed by the tax credit authority | 1143 |
and the development services agency in the event the authority | 1144 |
considers a taxpayer's application for which it receives a | 1145 |
recommendation under division (C)(2)(a) of this section but does | 1146 |
not approve it. The rules may provide for recipients of tax | 1147 |
credits under this section to be charged fees to cover | 1148 |
administrative costs of the tax credit program. The fees collected | 1149 |
shall be credited to the | 1150 |
assistance fund created in section 122.174 of the Revised Code. At | 1151 |
the time the director gives public notice under division (A) of | 1152 |
section 119.03 of the Revised Code of the adoption of the rules, | 1153 |
the director shall submit copies of the proposed rules to the | 1154 |
chairpersons of the standing committees on economic development in | 1155 |
the senate and the house of representatives. | 1156 |
(J) For the purposes of this section, a taxpayer may include | 1157 |
a partnership, a corporation that has made an election under | 1158 |
subchapter S of chapter one of subtitle A of the Internal Revenue | 1159 |
Code, or any other business entity through which income flows as a | 1160 |
distributive share to its owners. A partnership, S-corporation, or | 1161 |
other such business entity may elect to pass the credit received | 1162 |
under this section through to the persons to whom the income or | 1163 |
profit of the partnership, S-corporation, or other entity is | 1164 |
distributed. The election shall be made on the annual report | 1165 |
required under division (D)(6) of this section. The election | 1166 |
applies to and is irrevocable for the credit for which the report | 1167 |
is submitted. If the election is made, the credit shall be | 1168 |
apportioned among those persons in the same proportions as those | 1169 |
in which the income or profit is distributed. | 1170 |
(K) If the director of development services determines that a | 1171 |
taxpayer who has received a credit under this section is not | 1172 |
complying with the requirement under division (D)(3) of this | 1173 |
section, the director shall notify the tax credit authority of the | 1174 |
noncompliance. After receiving such a notice, and after giving the | 1175 |
taxpayer an opportunity to explain the noncompliance, the tax | 1176 |
credit authority may require the taxpayer to refund to this state | 1177 |
a portion of the credit in accordance with the following: | 1178 |
(1) If the taxpayer maintained operations at the project | 1179 |
location for a period less than or equal to the term of the | 1180 |
credit, an amount not exceeding one hundred per cent of the sum of | 1181 |
any credits allowed and received under this section; | 1182 |
(2) If the taxpayer maintained operations at the project | 1183 |
location for a period longer than the term of the credit, but less | 1184 |
than the greater of seven years or the term of the credit plus | 1185 |
three years, an amount not exceeding seventy-five per cent of the | 1186 |
sum of any credits allowed and received under this section. | 1187 |
In determining the portion of the tax credit to be refunded | 1188 |
to this state, the tax credit authority shall consider the effect | 1189 |
of market conditions on the taxpayer's project and whether the | 1190 |
taxpayer continues to maintain other operations in this state. | 1191 |
After making the determination, the authority shall certify the | 1192 |
amount to be refunded to the tax commissioner or superintendent of | 1193 |
insurance, as appropriate. If the amount is certified to the | 1194 |
commissioner, the commissioner shall make an assessment for that | 1195 |
amount against the taxpayer under Chapter 5733., 5747., or 5751. | 1196 |
of the Revised Code. If the amount is certified to the | 1197 |
superintendent, the superintendent shall make an assessment for | 1198 |
that amount against the taxpayer under Chapter 5725. or 5729. of | 1199 |
the Revised Code. The time limitations on assessments under those | 1200 |
chapters do not apply to an assessment under this division, but | 1201 |
the commissioner or superintendent, as appropriate, shall make the | 1202 |
assessment within one year after the date the authority certifies | 1203 |
to the commissioner or superintendent the amount to be refunded. | 1204 |
(L) On or before the first day of August each year, the | 1205 |
director of development services shall submit a report to the | 1206 |
governor, the president of the senate, and the speaker of the | 1207 |
house of representatives on the tax credit program under this | 1208 |
section. The report shall include information on the number of | 1209 |
agreements that were entered into under this section during the | 1210 |
preceding calendar year, a description of the project that is the | 1211 |
subject of each such agreement, and an update on the status of | 1212 |
projects under agreements entered into before the preceding | 1213 |
calendar year. | 1214 |
(M) There is hereby created the tax credit authority, which | 1215 |
consists of the director of development services and four other | 1216 |
members appointed as follows: the governor, the president of the | 1217 |
senate, and the speaker of the house of representatives each shall | 1218 |
appoint one member who shall be a specialist in economic | 1219 |
development; the governor also shall appoint a member who is a | 1220 |
specialist in taxation. Of the initial appointees, the members | 1221 |
appointed by the governor shall serve a term of two years; the | 1222 |
members appointed by the president of the senate and the speaker | 1223 |
of the house of representatives shall serve a term of four years. | 1224 |
Thereafter, terms of office shall be for four years. Initial | 1225 |
appointments to the authority shall be made within thirty days | 1226 |
after January 13, 1993. Each member shall serve on the authority | 1227 |
until the end of the term for which the member was appointed. | 1228 |
Vacancies shall be filled in the same manner provided for original | 1229 |
appointments. Any member appointed to fill a vacancy occurring | 1230 |
prior to the expiration of the term for which the member's | 1231 |
predecessor was appointed shall hold office for the remainder of | 1232 |
that term. Members may be reappointed to the authority. Members of | 1233 |
the authority shall receive their necessary and actual expenses | 1234 |
while engaged in the business of the authority. The director of | 1235 |
development services shall serve as chairperson of the authority, | 1236 |
and the members annually shall elect a vice-chairperson from among | 1237 |
themselves. Three members of the authority constitute a quorum to | 1238 |
transact and vote on the business of the authority. The majority | 1239 |
vote of the membership of the authority is necessary to approve | 1240 |
any such business, including the election of the vice-chairperson. | 1241 |
The director of development services may appoint a | 1242 |
professional employee of the | 1243 |
agency to serve as the director's substitute at a meeting of the | 1244 |
authority. The director shall make the appointment in writing. In | 1245 |
the absence of the director from a meeting of the authority, the | 1246 |
appointed substitute shall serve as chairperson. In the absence of | 1247 |
both the director and the director's substitute from a meeting, | 1248 |
the vice-chairperson shall serve as chairperson. | 1249 |
(N) For purposes of the credits granted by this section | 1250 |
against the taxes imposed under sections 5725.18 and 5729.03 of | 1251 |
the Revised Code, "taxable year" means the period covered by the | 1252 |
taxpayer's annual statement to the superintendent of insurance. | 1253 |
Sec. 122.171. (A) As used in this section: | 1254 |
(1) "Capital investment project" means a plan of investment | 1255 |
at a project site for the acquisition, construction, renovation, | 1256 |
or repair of buildings, machinery, or equipment, or for | 1257 |
capitalized costs of basic research and new product development | 1258 |
determined in accordance with generally accepted accounting | 1259 |
principles, but does not include any of the following: | 1260 |
(a) Payments made for the acquisition of personal property | 1261 |
through operating leases; | 1262 |
(b) Project costs paid before January 1, 2002; | 1263 |
(c) Payments made to a related member as defined in section | 1264 |
5733.042 of the Revised Code or to a consolidated elected taxpayer | 1265 |
or a combined taxpayer as defined in section 5751.01 of the | 1266 |
Revised Code. | 1267 |
(2) "Eligible business" means a taxpayer and its related | 1268 |
members with Ohio operations satisfying all of the following: | 1269 |
(a) The taxpayer employs at least five hundred full-time | 1270 |
equivalent employees or has an annual payroll of at least | 1271 |
thirty-five million dollars at the time the tax credit authority | 1272 |
grants the tax credit under this section; | 1273 |
(b) The taxpayer makes or causes to be made payments for the | 1274 |
capital investment project of one of the following: | 1275 |
(i) If the taxpayer is engaged at the project site primarily | 1276 |
as a manufacturer, at least fifty million dollars in the aggregate | 1277 |
at the project site during a period of three consecutive calendar | 1278 |
years, including the calendar year that includes a day of the | 1279 |
taxpayer's taxable year or tax period with respect to which the | 1280 |
credit is granted; | 1281 |
(ii) If the taxpayer is engaged at the project site primarily | 1282 |
in significant corporate administrative functions, as defined by | 1283 |
the director of development services by rule, at least twenty | 1284 |
million dollars in the aggregate at the project site during a | 1285 |
period of three consecutive calendar years including the calendar | 1286 |
year that includes a day of the taxpayer's taxable year or tax | 1287 |
period with respect to which the credit is granted; | 1288 |
(iii) If the taxpayer is applying to enter into an agreement | 1289 |
for a tax credit authorized under division (B)(3) of this section, | 1290 |
at least five million dollars in the aggregate at the project site | 1291 |
during a period of three consecutive calendar years, including the | 1292 |
calendar year that includes a day of the taxpayer's taxable year | 1293 |
or tax period with respect to which the credit is granted. | 1294 |
(c) The taxpayer had a capital investment project reviewed | 1295 |
and approved by the tax credit authority as provided in divisions | 1296 |
(C), (D), and (E) of this section. | 1297 |
(3) "Full-time equivalent employees" means the quotient | 1298 |
obtained by dividing the total number of hours for which employees | 1299 |
were compensated for employment in the project by two thousand | 1300 |
eighty. "Full-time equivalent employees" shall exclude hours that | 1301 |
are counted for a credit under section 122.17 of the Revised Code. | 1302 |
(4) "Income tax revenue" means the total amount withheld | 1303 |
under section 5747.06 of the Revised Code by the taxpayer during | 1304 |
the taxable year, or during the calendar year that includes the | 1305 |
tax period, from the compensation of all employees employed in the | 1306 |
project whose hours of compensation are included in calculating | 1307 |
the number of full-time equivalent employees. | 1308 |
(5) "Manufacturer" has the same meaning as in section | 1309 |
5739.011 of the Revised Code. | 1310 |
(6) "Project site" means an integrated complex of facilities | 1311 |
in this state, as specified by the tax credit authority under this | 1312 |
section, within a fifteen-mile radius where a taxpayer is | 1313 |
primarily operating as an eligible business. | 1314 |
(7) "Related member" has the same meaning as in section | 1315 |
5733.042 of the Revised Code as that section existed on the | 1316 |
effective date of its amendment by Am. Sub. H.B. 215 of the 122nd | 1317 |
general assembly, September 29, 1997. | 1318 |
(8) "Taxable year" includes, in the case of a domestic or | 1319 |
foreign insurance company, the calendar year ending on the | 1320 |
thirty-first day of December preceding the day the superintendent | 1321 |
of insurance is required to certify to the treasurer of state | 1322 |
under section 5725.20 or 5729.05 of the Revised Code the amount of | 1323 |
taxes due from insurance companies. | 1324 |
(B) The tax credit authority created under section 122.17 of | 1325 |
the Revised Code may grant tax credits under this section for the | 1326 |
purpose of fostering job retention in this state. Upon application | 1327 |
by an eligible business and upon consideration of the | 1328 |
recommendation of the director of budget and management, tax | 1329 |
commissioner, the superintendent of insurance in the case of an | 1330 |
insurance company, and director of development services under | 1331 |
division (C) of this section, the tax credit authority may grant | 1332 |
the following credits against the tax imposed by section 5725.18, | 1333 |
5729.03, 5733.06, 5747.02, or 5751.02 of the Revised Code: | 1334 |
(1) A nonrefundable credit to an eligible business; | 1335 |
(2) A refundable credit to an eligible business meeting the | 1336 |
following conditions, provided that the director of budget and | 1337 |
management, tax commissioner, superintendent of insurance in the | 1338 |
case of an insurance company, and director of development services | 1339 |
have recommended the granting of the credit to the tax credit | 1340 |
authority before July 1, 2011: | 1341 |
(a) The business retains at least one thousand full-time | 1342 |
equivalent employees at the project site. | 1343 |
(b) The business makes or causes to be made payments for a | 1344 |
capital investment project of at least twenty-five million dollars | 1345 |
in the aggregate at the project site during a period of three | 1346 |
consecutive calendar years, including the calendar year that | 1347 |
includes a day of the business' taxable year or tax period with | 1348 |
respect to which the credit is granted. | 1349 |
(c) In 2010, the business received a written offer of | 1350 |
financial incentives from another state of the United States that | 1351 |
the director determines to be sufficient inducement for the | 1352 |
business to relocate the business' operations from this state to | 1353 |
that state. | 1354 |
(3) A refundable credit to an eligible business with a total | 1355 |
annual payroll of at least twenty million dollars, provided that | 1356 |
the tax credit authority grants the tax credit on or after July 1, | 1357 |
2011, and before January 1, 2014. | 1358 |
The credits authorized in divisions (B)(1), (2), and (3) of | 1359 |
this section may be granted for a period up to fifteen taxable | 1360 |
years or, in the case of the tax levied by section 5751.02 of the | 1361 |
Revised Code, for a period of up to fifteen calendar years. The | 1362 |
credit amount for a taxable year or a calendar year that includes | 1363 |
the tax period for which a credit may be claimed equals the income | 1364 |
tax revenue for that year multiplied by the percentage specified | 1365 |
in the agreement with the tax credit authority. The percentage may | 1366 |
not exceed seventy-five per cent. The credit shall be claimed in | 1367 |
the order required under section 5725.98, 5729.98, 5733.98, | 1368 |
5747.98, or 5751.98 of the Revised Code. In determining the | 1369 |
percentage and term of the credit, the tax credit authority shall | 1370 |
consider both the number of full-time equivalent employees and the | 1371 |
value of the capital investment project. The credit amount may not | 1372 |
be based on the income tax revenue for a calendar year before the | 1373 |
calendar year in which the tax credit authority specifies the tax | 1374 |
credit is to begin, and the credit shall be claimed only for the | 1375 |
taxable years or tax periods specified in the eligible business' | 1376 |
agreement with the tax credit authority. In no event shall the | 1377 |
credit be claimed for a taxable year or tax period terminating | 1378 |
before the date specified in the agreement. Any credit granted | 1379 |
under this section against the tax imposed by section 5733.06 or | 1380 |
5747.02 of the Revised Code, to the extent not fully utilized | 1381 |
against such tax for taxable years ending prior to 2008, shall | 1382 |
automatically be converted without any action taken by the tax | 1383 |
credit authority to a credit against the tax levied under Chapter | 1384 |
5751. of the Revised Code for tax periods beginning on or after | 1385 |
July 1, 2008, provided that the person to whom the credit was | 1386 |
granted is subject to such tax. The converted credit shall apply | 1387 |
to those calendar years in which the remaining taxable years | 1388 |
specified in the agreement end. | 1389 |
If a nonrefundable credit allowed under division (B)(1) of | 1390 |
this section for a taxable year or tax period exceeds the | 1391 |
taxpayer's tax liability for that year or period, the excess may | 1392 |
be carried forward for the three succeeding taxable or calendar | 1393 |
years, but the amount of any excess credit allowed in any taxable | 1394 |
year or tax period shall be deducted from the balance carried | 1395 |
forward to the succeeding year or period. | 1396 |
(C) A taxpayer that proposes a capital investment project to | 1397 |
retain jobs in this state may apply to the tax credit authority to | 1398 |
enter into an agreement for a tax credit under this section. The | 1399 |
director of development services shall prescribe the form of the | 1400 |
application. After receipt of an application, the authority shall | 1401 |
forward copies of the application to the director of budget and | 1402 |
management, the tax commissioner, the superintendent of insurance | 1403 |
in the case of an insurance company, and the director of | 1404 |
development services, each of whom shall review the application to | 1405 |
determine the economic impact the proposed project would have on | 1406 |
the state and the affected political subdivisions and shall submit | 1407 |
a summary of their determinations and recommendations to the | 1408 |
authority. | 1409 |
(D) Upon review and consideration of the determinations and | 1410 |
recommendations described in division (C) of this section, the tax | 1411 |
credit authority may enter into an agreement with the taxpayer for | 1412 |
a credit under this section if the authority determines all of the | 1413 |
following: | 1414 |
(1) The taxpayer's capital investment project will result in | 1415 |
the retention of employment in this state. | 1416 |
(2) The taxpayer is economically sound and has the ability to | 1417 |
complete the proposed capital investment project. | 1418 |
(3) The taxpayer intends to and has the ability to maintain | 1419 |
operations at the project site for at least the greater of (a) the | 1420 |
term of the credit plus three years, or (b) seven years. | 1421 |
(4) Receiving the credit is a major factor in the taxpayer's | 1422 |
decision to begin, continue with, or complete the project. | 1423 |
(5) If the taxpayer is applying to enter into an agreement | 1424 |
for a tax credit authorized under division (B)(3) of this section, | 1425 |
the taxpayer's capital investment project will be located in the | 1426 |
political subdivision in which the taxpayer maintains its | 1427 |
principal place of business. | 1428 |
(E) An agreement under this section shall include all of the | 1429 |
following: | 1430 |
(1) A detailed description of the project that is the subject | 1431 |
of the agreement, including the amount of the investment, the | 1432 |
period over which the investment has been or is being made, the | 1433 |
number of full-time equivalent employees at the project site, and | 1434 |
the anticipated income tax revenue to be generated. | 1435 |
(2) The term of the credit, the percentage of the tax credit, | 1436 |
the maximum annual value of tax credits that may be allowed each | 1437 |
year, and the first year for which the credit may be claimed. | 1438 |
(3) A requirement that the taxpayer maintain operations at | 1439 |
the project site for at least the greater of (a) the term of the | 1440 |
credit plus three years, or (b) seven years. | 1441 |
(4)(a) In the case of a credit granted under division (B)(1) | 1442 |
of this section, a requirement that the taxpayer retain at least | 1443 |
five hundred full-time equivalent employees at the project site | 1444 |
and within this state for the entire term of the credit, or a | 1445 |
requirement that the taxpayer maintain an annual payroll of at | 1446 |
least thirty-five million dollars for the entire term of the | 1447 |
credit; | 1448 |
(b) In the case of a credit granted under division (B)(2) of | 1449 |
this section, a requirement that the taxpayer retain at least one | 1450 |
thousand full-time equivalent employees at the project site and | 1451 |
within this state for the entire term of the credit; | 1452 |
(c) In the case of a credit granted under division (B)(3) of | 1453 |
this section, either of the following: | 1454 |
(i) A requirement that the taxpayer retain at least five | 1455 |
hundred full-time equivalent employees at the project site and | 1456 |
within this state for the entire term of the credit and a | 1457 |
requirement that the taxpayer maintain an annual payroll of at | 1458 |
least twenty million dollars for the entire term of the credit; | 1459 |
(ii) A requirement that the taxpayer maintain an annual | 1460 |
payroll of at least thirty-five million dollars for the entire | 1461 |
term of the credit. | 1462 |
(5) A requirement that the taxpayer annually report to the | 1463 |
director of development services employment, tax withholding, | 1464 |
capital investment, and other information the director needs to | 1465 |
perform the director's duties under this section. | 1466 |
(6) A requirement that the director of development services | 1467 |
annually review the annual reports of the taxpayer to verify the | 1468 |
information reported under division (E)(5) of this section and | 1469 |
compliance with the agreement. Upon verification, the director | 1470 |
shall issue a certificate to the taxpayer stating that the | 1471 |
information has been verified and identifying the amount of the | 1472 |
credit for the taxable year or calendar year that includes the tax | 1473 |
period. In determining the number of full-time equivalent | 1474 |
employees, no position shall be counted that is filled by an | 1475 |
employee who is included in the calculation of a tax credit under | 1476 |
section 122.17 of the Revised Code. | 1477 |
(7) A provision providing that the taxpayer may not relocate | 1478 |
a substantial number of employment positions from elsewhere in | 1479 |
this state to the project site unless the director of development | 1480 |
services determines that the taxpayer notified the legislative | 1481 |
authority of the county, township, or municipal corporation from | 1482 |
which the employment positions would be relocated. | 1483 |
For purposes of this section, the movement of an employment | 1484 |
position from one political subdivision to another political | 1485 |
subdivision shall be considered a relocation of an employment | 1486 |
position unless the movement is confined to the project site. The | 1487 |
transfer of an employment position from one political subdivision | 1488 |
to another political subdivision shall not be considered a | 1489 |
relocation of an employment position if the employment position in | 1490 |
the first political subdivision is replaced by another employment | 1491 |
position. | 1492 |
(8) A waiver by the taxpayer of any limitations periods | 1493 |
relating to assessments or adjustments resulting from the | 1494 |
taxpayer's failure to comply with the agreement. | 1495 |
(F) If a taxpayer fails to meet or comply with any condition | 1496 |
or requirement set forth in a tax credit agreement, the tax credit | 1497 |
authority may amend the agreement to reduce the percentage or term | 1498 |
of the credit. The reduction of the percentage or term may take | 1499 |
effect in the current taxable or calendar year. | 1500 |
(G) Financial statements and other information submitted to | 1501 |
the department of development services or the tax credit authority | 1502 |
by an applicant for or recipient of a tax credit under this | 1503 |
section, and any information taken for any purpose from such | 1504 |
statements or information, are not public records subject to | 1505 |
section 149.43 of the Revised Code. However, the chairperson of | 1506 |
the authority may make use of the statements and other information | 1507 |
for purposes of issuing public reports or in connection with court | 1508 |
proceedings concerning tax credit agreements under this section. | 1509 |
Upon the request of the tax commissioner, or the superintendent of | 1510 |
insurance in the case of an insurance company, the chairperson of | 1511 |
the authority shall provide to the commissioner or superintendent | 1512 |
any statement or other information submitted by an applicant for | 1513 |
or recipient of a tax credit in connection with the credit. The | 1514 |
commissioner or superintendent shall preserve the confidentiality | 1515 |
of the statement or other information. | 1516 |
(H) A taxpayer claiming a tax credit under this section shall | 1517 |
submit to the tax commissioner or, in the case of an insurance | 1518 |
company, to the superintendent of insurance, a copy of the | 1519 |
director of | 1520 |
verification under division (E)(6) of this section with the | 1521 |
taxpayer's tax report or return for the taxable year or for the | 1522 |
calendar year that includes the tax period. Failure to submit a | 1523 |
copy of the certificate with the report or return does not | 1524 |
invalidate a claim for a credit if the taxpayer submits a copy of | 1525 |
the certificate to the commissioner or superintendent within sixty | 1526 |
days after the commissioner or superintendent requests it. | 1527 |
(I) For the purposes of this section, a taxpayer may include | 1528 |
a partnership, a corporation that has made an election under | 1529 |
subchapter S of chapter one of subtitle A of the Internal Revenue | 1530 |
Code, or any other business entity through which income flows as a | 1531 |
distributive share to its owners. A partnership, S-corporation, or | 1532 |
other such business entity may elect to pass the credit received | 1533 |
under this section through to the persons to whom the income or | 1534 |
profit of the partnership, S-corporation, or other entity is | 1535 |
distributed. The election shall be made on the annual report | 1536 |
required under division (E)(5) of this section. The election | 1537 |
applies to and is irrevocable for the credit for which the report | 1538 |
is submitted. If the election is made, the credit shall be | 1539 |
apportioned among those persons in the same proportions as those | 1540 |
in which the income or profit is distributed. | 1541 |
(J) If the director of development services determines that a | 1542 |
taxpayer that received a tax credit under this section is not | 1543 |
complying with the requirement under division (E)(3) of this | 1544 |
section, the director shall notify the tax credit authority of the | 1545 |
noncompliance. After receiving such a notice, and after giving the | 1546 |
taxpayer an opportunity to explain the noncompliance, the | 1547 |
authority may terminate the agreement and require the taxpayer to | 1548 |
refund to the state all or a portion of the credit claimed in | 1549 |
previous years, as follows: | 1550 |
(1) If the taxpayer maintained operations at the project site | 1551 |
for less than or equal to the term of the credit, an amount not to | 1552 |
exceed one hundred per cent of the sum of any tax credits allowed | 1553 |
and received under this section. | 1554 |
(2) If the taxpayer maintained operations at the project site | 1555 |
longer than the term of the credit, but less than the greater of | 1556 |
(a) the term of the credit plus three years, or (b) seven years, | 1557 |
the amount required to be refunded shall not exceed seventy-five | 1558 |
per cent of the sum of any tax credits allowed and received under | 1559 |
this section. | 1560 |
In determining the portion of the credit to be refunded to | 1561 |
this state, the authority shall consider the effect of market | 1562 |
conditions on the taxpayer's project and whether the taxpayer | 1563 |
continues to maintain other operations in this state. After making | 1564 |
the determination, the authority shall certify the amount to be | 1565 |
refunded to the tax commissioner or the superintendent of | 1566 |
insurance. If the taxpayer is not an insurance company, the | 1567 |
commissioner shall make an assessment for that amount against the | 1568 |
taxpayer under Chapter 5733., 5747., or 5751. of the Revised Code. | 1569 |
If the taxpayer is an insurance company, the superintendent of | 1570 |
insurance shall make an assessment under section 5725.222 or | 1571 |
5729.102 of the Revised Code. The time limitations on assessments | 1572 |
under those chapters and sections do not apply to an assessment | 1573 |
under this division, but the commissioner or superintendent shall | 1574 |
make the assessment within one year after the date the authority | 1575 |
certifies to the commissioner or superintendent the amount to be | 1576 |
refunded. | 1577 |
(K) The director of development services, after consultation | 1578 |
with the tax commissioner and the superintendent of insurance and | 1579 |
in accordance with Chapter 119. of the Revised Code, shall adopt | 1580 |
rules necessary to implement this section. The rules may provide | 1581 |
for recipients of tax credits under this section to be charged | 1582 |
fees to cover administrative costs of the tax credit program. The | 1583 |
fees collected shall be credited to the | 1584 |
1585 | |
the Revised Code. At the time the director gives public notice | 1586 |
under division (A) of section 119.03 of the Revised Code of the | 1587 |
adoption of the rules, the director shall submit copies of the | 1588 |
proposed rules to the chairpersons of the standing committees on | 1589 |
economic development in the senate and the house of | 1590 |
representatives. | 1591 |
(L) On or before the first day of August of each year, the | 1592 |
director of development services shall submit a report to the | 1593 |
governor, the president of the senate, and the speaker of the | 1594 |
house of representatives on the tax credit program under this | 1595 |
section. The report shall include information on the number of | 1596 |
agreements that were entered into under this section during the | 1597 |
preceding calendar year, a description of the project that is the | 1598 |
subject of each such agreement, and an update on the status of | 1599 |
projects under agreements entered into before the preceding | 1600 |
calendar year. | 1601 |
(M)(1) The aggregate amount of tax credits issued under | 1602 |
division (B)(1) of this section during any calendar year for | 1603 |
capital investment projects reviewed and approved by the tax | 1604 |
credit authority may not exceed the following amounts: | 1605 |
(a) For 2010, thirteen million dollars; | 1606 |
(b) For 2011 through 2023, the amount of the limit for the | 1607 |
preceding calendar year plus thirteen million dollars; | 1608 |
(c) For 2024 and each year thereafter, one hundred | 1609 |
ninety-five million dollars. | 1610 |
(2) The aggregate amount of tax credits authorized under | 1611 |
divisions (B)(2) and (3) of this section and allowed to be claimed | 1612 |
by taxpayers in any calendar year for capital improvement projects | 1613 |
reviewed and approved by the tax credit authority in 2011, 2012, | 1614 |
and 2013 combined shall not exceed twenty-five million dollars. An | 1615 |
amount equal to the aggregate amount of credits first authorized | 1616 |
in calendar year 2011, 2012, and 2013 may be claimed over the | 1617 |
ensuing period up to fifteen years, subject to the terms of | 1618 |
individual tax credit agreements. | 1619 |
The limitations in division (M) of this section do not apply | 1620 |
to credits for capital investment projects approved by the tax | 1621 |
credit authority before July 1, 2009. | 1622 |
Sec. 122.174. There is hereby created in the state treasury | 1623 |
the | 1624 |
1625 | |
to it and money credited to the fund pursuant to division (I) of | 1626 |
section 121.17, division (K) of section 122.171, division (K) of | 1627 |
section 122.175, division (C) of section 3735.672, and division | 1628 |
(C) of section 5709.68 of the Revised Code | 1629 |
1630 | |
the fund to pay expenses related to the administration of the | 1631 |
1632 | |
1633 | |
development services agency. | 1634 |
Sec. 122.175. (A) As used in this section: | 1635 |
(1) "Capital investment project" means a plan of investment | 1636 |
at a project site for the acquisition, construction, renovation, | 1637 |
expansion, replacement, or repair of a computer data center or of | 1638 |
computer data center equipment, but does not include any of the | 1639 |
following: | 1640 |
(a) Project costs paid before a date determined by the tax | 1641 |
credit authority for each capital investment project; | 1642 |
(b) Payments made to a related member as defined in section | 1643 |
5733.042 of the Revised Code or to a consolidated elected taxpayer | 1644 |
or a combined taxpayer as defined in section 5751.01 of the | 1645 |
Revised Code. | 1646 |
(2) "Computer data center" means a facility used or to be | 1647 |
used primarily to house computer data center equipment used or to | 1648 |
be used in conducting a computer data center business, as | 1649 |
determined by the tax credit authority. | 1650 |
(3) "Computer data center business" means, as may be further | 1651 |
determined by the tax credit authority, a business that provides | 1652 |
electronic information services as defined in division (Y)(1)(c) | 1653 |
of section 5739.01 of the Revised Code. "Computer data center | 1654 |
business" does not include providing electronic publishing as | 1655 |
defined in division (LLL) of that section. | 1656 |
(4) "Computer data center equipment" means tangible personal | 1657 |
property used or to be used for any of the following: | 1658 |
(a) To conduct a computer data center business, including | 1659 |
equipment cooling systems to manage the performance of computer | 1660 |
data center equipment; | 1661 |
(b) To generate, transform, transmit, distribute, or manage | 1662 |
electricity necessary to operate the tangible personal property | 1663 |
used or to be used in conducting a computer data center business; | 1664 |
(c) As building and construction materials sold to | 1665 |
construction contractors for incorporation into a computer data | 1666 |
center. | 1667 |
(5) "Eligible computer data center" means a computer data | 1668 |
center that satisfies all of the following requirements: | 1669 |
(a) The taxpayer will make payments for a capital investment | 1670 |
project of at least one hundred million dollars in the aggregate | 1671 |
at the project site during a period of three consecutive calendar | 1672 |
years; | 1673 |
(b) The taxpayer will pay annual compensation that is subject | 1674 |
to the withholding obligation imposed under section 5747.06 of the | 1675 |
Revised Code of at least five million dollars to employees | 1676 |
employed at the project site for the term of the agreement. | 1677 |
(6) "Person" has the same meaning as in section 5701.01 of | 1678 |
the Revised Code. | 1679 |
(7) "Project site," "related member," and "tax credit | 1680 |
authority" have the same meanings as in sections 122.17 and | 1681 |
122.171 of the Revised Code. | 1682 |
(8) "Taxpayer" means any person subject to the taxes imposed | 1683 |
under Chapters 5739. and 5741. of the Revised Code. | 1684 |
(B) The tax credit authority may completely or partially | 1685 |
exempt from the taxes levied under Chapters 5739. and 5741. of the | 1686 |
Revised Code the sale, storage, use, or other consumption of | 1687 |
computer data center equipment used or to be used at an eligible | 1688 |
computer data center. Any such exemption shall extend to charges | 1689 |
for the delivery, installation, or repair of the computer data | 1690 |
center equipment subject to the exemption under this section. | 1691 |
(C) A taxpayer that proposes a capital improvement project | 1692 |
for an eligible computer data center in this state may apply to | 1693 |
the tax credit authority to enter into an agreement under this | 1694 |
section for a complete or partial exemption from the taxes imposed | 1695 |
under Chapters 5739. and 5741. of the Revised Code on computer | 1696 |
data center equipment used or to be used at the eligible computer | 1697 |
data center. The director of development services shall prescribe | 1698 |
the form of the application. After receipt of an application, the | 1699 |
authority shall forward copies of the application to the director | 1700 |
of budget and management, the tax commissioner, and the director | 1701 |
of development services, each of whom shall review the application | 1702 |
to determine the economic impact that the proposed eligible | 1703 |
computer data center would have on the state and any affected | 1704 |
political subdivisions and submit to the authority a summary of | 1705 |
their determinations and recommendations. | 1706 |
(D) Upon review and consideration of such determinations and | 1707 |
recommendations, the tax credit authority may enter into an | 1708 |
agreement with the taxpayer for a complete or partial exemption | 1709 |
from the taxes imposed under Chapters 5739. and 5741. of the | 1710 |
Revised Code on computer data center equipment used or to be used | 1711 |
at an eligible computer data center if the authority determines | 1712 |
all of the following: | 1713 |
(1) The taxpayer's capital investment project for the | 1714 |
eligible computer data center will increase payroll and the amount | 1715 |
of income taxes to be withheld from employee compensation pursuant | 1716 |
to section 5747.06 of the Revised Code. | 1717 |
(2) The taxpayer is economically sound and has the ability to | 1718 |
complete the proposed capital investment project. | 1719 |
(3) The taxpayer intends to and has the ability to maintain | 1720 |
operations at the project site for the term of the agreement. | 1721 |
(4) Receiving the exemption is a major factor in the | 1722 |
taxpayer's decision to begin, continue with, or complete the | 1723 |
capital investment project. | 1724 |
(E) An agreement entered into under this section shall | 1725 |
include all of the following: | 1726 |
(1) A detailed description of the capital investment project | 1727 |
that is the subject of the agreement, including the amount of the | 1728 |
investment, the period over which the investment has been or is | 1729 |
being made, the annual compensation to be paid by the taxpayer to | 1730 |
its employees at the project site, and the anticipated amount of | 1731 |
income taxes to be withheld from employee compensation pursuant to | 1732 |
section 5747.06 of the Revised Code. | 1733 |
(2) The percentage of the exemption from the taxes imposed | 1734 |
under Chapters 5739. and 5741. of the Revised Code for the | 1735 |
computer data center equipment used or to be used at the eligible | 1736 |
computer data center, the length of time the computer data center | 1737 |
equipment will be exempted, and the first date on which the | 1738 |
exemption applies. | 1739 |
(3) A requirement that the taxpayer maintain the computer | 1740 |
data center as an eligible computer data center during the term of | 1741 |
the agreement and that the taxpayer maintain operations at the | 1742 |
eligible computer data center during that term. | 1743 |
(4) A requirement that during each year of the term of the | 1744 |
agreement the taxpayer pay annual compensation that is subject to | 1745 |
the withholding obligation imposed under section 5747.06 of the | 1746 |
Revised Code of at least five million dollars to its employees at | 1747 |
the eligible computer data center. | 1748 |
(5) A requirement that the taxpayer annually report to the | 1749 |
director of development services employment, tax withholding, | 1750 |
capital investment, and other information required by the director | 1751 |
to perform the director's duties under this section. | 1752 |
(6) A requirement that the director of development services | 1753 |
annually review the annual reports of the taxpayer to verify the | 1754 |
information reported under division (E)(5) of this section and | 1755 |
compliance with the agreement. Upon verification, the director | 1756 |
shall issue a certificate to the taxpayer stating that the | 1757 |
information has been verified and that the taxpayer remains | 1758 |
eligible for the exemption specified in the agreement. | 1759 |
(7) A provision providing that the taxpayer may not relocate | 1760 |
a substantial number of employment positions from elsewhere in | 1761 |
this state to the project site unless the director of development | 1762 |
services determines that the taxpayer notified the legislative | 1763 |
authority of the county, township, or municipal corporation from | 1764 |
which the employment positions would be relocated. For purposes of | 1765 |
this paragraph, the movement of an employment position from one | 1766 |
political subdivision to another political subdivision shall be | 1767 |
considered a relocation of an employment position unless the | 1768 |
movement is confined to the project site. The transfer of an | 1769 |
employment position from one political subdivision to another | 1770 |
political subdivision shall not be considered a relocation of an | 1771 |
employment position if the employment position in the first | 1772 |
political subdivision is replaced by another employment position. | 1773 |
(8) A waiver by the taxpayer of any limitations periods | 1774 |
relating to assessments or adjustments resulting from the | 1775 |
taxpayer's failure to comply with the agreement. | 1776 |
(F) The term of an agreement under this section shall be | 1777 |
determined by the tax credit authority, and the amount of the | 1778 |
exemption shall not exceed one hundred per cent of such taxes that | 1779 |
would otherwise be owed in respect to the exempted computer data | 1780 |
center equipment. | 1781 |
(G) If a taxpayer fails to meet or comply with any condition | 1782 |
or requirement set forth in an agreement under this section, the | 1783 |
tax credit authority may amend the agreement to reduce the | 1784 |
percentage of the exemption or term during which the exemption | 1785 |
applies to the computer data center equipment used or to be used | 1786 |
at an eligible computer data center. The reduction of the | 1787 |
percentage or term may take effect in the current calendar year. | 1788 |
(H) Financial statements and other information submitted to | 1789 |
the department of development services or the tax credit authority | 1790 |
by an applicant for or recipient of an exemption under this | 1791 |
section, and any information taken for any purpose from such | 1792 |
statements or information, are not public records subject to | 1793 |
section 149.43 of the Revised Code. However, the chairperson of | 1794 |
the authority may make use of the statements and other information | 1795 |
for purposes of issuing public reports or in connection with court | 1796 |
proceedings concerning tax exemption agreements under this | 1797 |
section. Upon the request of the tax commissioner, the chairperson | 1798 |
of the authority shall provide to the tax commissioner any | 1799 |
statement or other information submitted by an applicant for or | 1800 |
recipient of an exemption under this section. The tax commissioner | 1801 |
shall preserve the confidentiality of the statement or other | 1802 |
information. | 1803 |
(I) The tax commissioner shall issue a direct payment permit | 1804 |
under section 5739.031 of the Revised Code to a taxpayer that | 1805 |
enters into an agreement under this section. Such direct payment | 1806 |
permit shall authorize the taxpayer to pay any sales and use taxes | 1807 |
due on purchases of computer data center equipment used or to be | 1808 |
used in an eligible computer data center and to pay any sales and | 1809 |
use taxes due on purchases of tangible personal property or | 1810 |
taxable services other than computer data center equipment used or | 1811 |
to be used in an eligible computer data center directly to the tax | 1812 |
commissioner. Each taxpayer shall pay pursuant to such direct | 1813 |
payment permit all sales tax levied on such purchases under | 1814 |
sections 5739.02, 5739.021, 5739.023, and 5739.026 of the Revised | 1815 |
Code and all use tax levied on such purchases under sections | 1816 |
5741.02, 5741.021, 5741.022, and 5741.023 of the Revised Code, | 1817 |
consistent with the terms of the agreement entered into under this | 1818 |
section. | 1819 |
During the term of an agreement under this section the | 1820 |
taxpayer shall submit to the tax commissioner a return that shows | 1821 |
the amount of computer data center equipment purchased for use at | 1822 |
the eligible computer data center, the amount of tangible personal | 1823 |
property and taxable services other than computer data center | 1824 |
equipment purchased for use at the eligible computer data center, | 1825 |
the amount of tax under Chapter 5739. or 5741. of the Revised Code | 1826 |
that would be due in the absence of the agreement under this | 1827 |
section, the exemption percentage for computer data center | 1828 |
equipment specified in the agreement, and the amount of tax due | 1829 |
under Chapter 5739. or 5741. of the Revised Code as a result of | 1830 |
the agreement under this section. The taxpayer shall pay the tax | 1831 |
shown on the return to be due in the manner and at the times as | 1832 |
may be further prescribed by the tax commissioner. The taxpayer | 1833 |
shall include a copy of the director of | 1834 |
services' certificate of verification issued under division (E)(6) | 1835 |
of this section. Failure to submit a copy of the certificate with | 1836 |
the return does not invalidate the claim for exemption if the | 1837 |
taxpayer submits a copy of the certificate to the tax commissioner | 1838 |
within sixty days after the tax commissioner requests it. | 1839 |
(J) If the director of development services determines that a | 1840 |
taxpayer that received an exemption under this section is not | 1841 |
complying with the requirement under division (E)(3) of this | 1842 |
section, the director shall notify the tax credit authority of the | 1843 |
noncompliance. After receiving such a notice, and after giving the | 1844 |
taxpayer an opportunity to explain the noncompliance, the | 1845 |
authority may terminate the agreement and require the taxpayer to | 1846 |
pay to the state all or a portion of the taxes that would have | 1847 |
been owed in regards to the exempt equipment in previous years, | 1848 |
all as determined under rules adopted pursuant to division (K) of | 1849 |
this section. In determining the portion of the taxes that would | 1850 |
have been owed on the previously exempted equipment to be paid to | 1851 |
this state by the taxpayer, the authority shall consider the | 1852 |
effect of market conditions on the taxpayer's eligible computer | 1853 |
data center and whether the taxpayer continues to maintain other | 1854 |
operations in this state. After making the determination, the | 1855 |
authority shall certify to the tax commissioner the amount to be | 1856 |
paid by the taxpayer. The tax commissioner shall make an | 1857 |
assessment for that amount against the taxpayer under Chapter | 1858 |
5739. or 5741. of the Revised Code. The time limitations on | 1859 |
assessments under those chapters do not apply to an assessment | 1860 |
under this division, but the tax commissioner shall make the | 1861 |
assessment within one year after the date the authority certifies | 1862 |
to the tax commissioner the amount to be paid by the taxpayer. | 1863 |
(K) The director of development services, after consultation | 1864 |
with the tax commissioner and in accordance with Chapter 119. of | 1865 |
the Revised Code, shall adopt rules necessary to implement this | 1866 |
section. The rules may provide for recipients of tax exemptions | 1867 |
under this section to be charged fees to cover administrative | 1868 |
costs incurred in the administration of this section. The fees | 1869 |
collected shall be credited to the | 1870 |
1871 | |
the Revised Code. At the time the director gives public notice | 1872 |
under division (A) of section 119.03 of the Revised Code of the | 1873 |
adoption of the rules, the director shall submit copies of the | 1874 |
proposed rules to the chairpersons of the standing committees on | 1875 |
economic development in the senate and the house of | 1876 |
representatives. | 1877 |
(L) On or before the first day of August of each year, the | 1878 |
director of development services shall submit a report to the | 1879 |
governor, the president of the senate, and the speaker of the | 1880 |
house of representatives on the tax exemption authorized under | 1881 |
this section. The report shall include information on the number | 1882 |
of agreements that were entered into under this section during the | 1883 |
preceding calendar year, a description of the eligible computer | 1884 |
data center that is the subject of each such agreement, and an | 1885 |
update on the status of eligible computer data centers under | 1886 |
agreements entered into before the preceding calendar year. | 1887 |
Sec. 122.39. As used in sections 122.39 and 122.41 to 122.62 | 1888 |
of the Revised Code: | 1889 |
(A) "Financial institution" means any banking corporation, | 1890 |
trust company, insurance company, savings and loan association, | 1891 |
building and loan association, or corporation, partnership, | 1892 |
federal lending agency, foundation, or other institution engaged | 1893 |
in lending or investing funds for industrial or business purposes. | 1894 |
(B) "Project" means any real or personal property connected | 1895 |
with or being a part of an industrial, distribution, commercial, | 1896 |
or research facility to be acquired, constructed, reconstructed, | 1897 |
enlarged, improved, furnished, or equipped, or any combination | 1898 |
thereof, with aid furnished pursuant to Chapter 122. of the | 1899 |
Revised Code, for industrial, commercial, distribution, and | 1900 |
research development of the state. | 1901 |
(C) "Community improvement corporation" means a corporation | 1902 |
organized under Chapter 1724. of the Revised Code. | 1903 |
(D) "Ohio development corporation" means a corporation | 1904 |
organized under Chapter 1726. of the Revised Code. | 1905 |
(E) "Mortgage" means the lien imposed on a project by a | 1906 |
mortgage on real property, or by financing statements on personal | 1907 |
property, or by a combination of a mortgage and financing | 1908 |
statements when a project consists of both real and personal | 1909 |
property. | 1910 |
(F) "Mortgagor" means the principal user of a project or the | 1911 |
person, corporation, partnership, or association unconditionally | 1912 |
guaranteeing performance by such principal user of its obligations | 1913 |
under the mortgage. | 1914 |
Sec. 122.41. | 1915 |
1916 | |
powers and duties provided in Chapter 122. of the Revised Code, in | 1917 |
order to promote the welfare of the people of the state, to | 1918 |
stabilize the economy, to provide employment, to assist in the | 1919 |
development within the state of industrial, commercial, | 1920 |
distribution, and research activities required for the people of | 1921 |
the state, and for their gainful employment, or otherwise to | 1922 |
create or preserve jobs and employment opportunities, or improve | 1923 |
the economic welfare of the people of the state, and also to | 1924 |
assist in the financing of air, water, or thermal pollution | 1925 |
control facilities and solid waste disposal facilities by mortgage | 1926 |
insurance as provided in section 122.451 of the Revised Code. It | 1927 |
is hereby determined that the accomplishment of such purposes is | 1928 |
essential so that the people of the state may maintain their | 1929 |
present high standards in comparison with the people of other | 1930 |
states and so that opportunities for employment and for favorable | 1931 |
markets for the products of the state's natural resources, | 1932 |
agriculture, and manufacturing shall be improved and that it is | 1933 |
necessary for the state to establish the programs authorized | 1934 |
pursuant to Chapter 122. of the Revised Code | 1935 |
1936 | |
director of development services with the powers and duties | 1937 |
provided in Chapter 122. of the Revised Code. The powers granted | 1938 |
to the director | 1939 |
are independent of and in addition and alternate to, and are not | 1940 |
limited or restricted by, Chapter 122. of the Revised Code. | 1941 |
| 1942 |
| 1943 |
1944 | |
1945 | |
1946 | |
1947 |
| 1948 |
1949 |
| 1950 |
1951 |
Sec. 122.42. (A) The director of development services shall | 1952 |
do all of the following: | 1953 |
(1) Receive applications for assistance under sections 122.39 | 1954 |
and 122.41 to 122.62 of the Revised Code | 1955 |
1956 | |
1957 |
(2) | 1958 |
final determination whether to approve the application for | 1959 |
assistance; | 1960 |
(3) Transmit determinations to approve assistance to the | 1961 |
controlling board together with any information the controlling | 1962 |
board requires for the board's review and decision as to whether | 1963 |
to approve the assistance; | 1964 |
(4) Issue revenue bonds of the state through the treasurer of | 1965 |
state, as necessary, payable solely from revenues and other | 1966 |
sources as provided in sections 122.39 and 122.41 to 122.62 of the | 1967 |
Revised Code. | 1968 |
(B) The director may do all of the following: | 1969 |
(1) Fix the rate of interest and charges to be made upon or | 1970 |
with respect to moneys loaned by the director and the terms upon | 1971 |
which mortgages and lease rentals may be guaranteed and the rates | 1972 |
of charges to be made for the loans and guarantees and to make | 1973 |
provisions for the operation of the funds established by the | 1974 |
director in accordance with this section and sections 122.54, | 1975 |
122.55, 122.56, and 122.57 of the Revised Code; | 1976 |
(2) Loan moneys from the fund established in accordance with | 1977 |
section 122.54 of the Revised Code pursuant to and in compliance | 1978 |
with sections 122.39 and 122.41 to 122.62 of the Revised Code; | 1979 |
(3) Acquire in the name of the director any property of any | 1980 |
kind or character in accordance with sections 122.39 and 122.41 to | 1981 |
122.62 of the Revised Code, by purchase, purchase at foreclosure, | 1982 |
or exchange on such terms and in such manner as the director | 1983 |
considers proper; | 1984 |
(4) Make and enter into all contracts and agreements | 1985 |
necessary or incidental to the performance of the director's | 1986 |
duties and the exercise of the director's powers under sections | 1987 |
122.39 and 122.41 to 122.62 of the Revised Code; | 1988 |
(5) Maintain, protect, repair, improve, and insure any | 1989 |
property which the director has acquired and dispose of the same | 1990 |
by sale, exchange, or lease for the consideration and on the terms | 1991 |
and in the manner as the director considers proper, but is not | 1992 |
authorized to operate any such property as a business except as | 1993 |
the lessor of the property; | 1994 |
(6)(a) When the cost of any contract for the maintenance, | 1995 |
protection, repair, or improvement of any property held by the | 1996 |
director other than compensation for personal services involves an | 1997 |
expenditure of more than one thousand dollars, the director shall | 1998 |
make a written contract with the lowest responsive and responsible | 1999 |
bidder in accordance with section 9.312 of the Revised Code after | 2000 |
advertisement for not less than two consecutive weeks in a | 2001 |
newspaper of general circulation in the county where such | 2002 |
contract, or some substantial part of it, is to be performed, and | 2003 |
in such other publications as the director determines, which | 2004 |
notice shall state the general character of the work and the | 2005 |
general character of the materials to be furnished, the place | 2006 |
where plans and specifications may be examined, and the time and | 2007 |
place of receiving bids. | 2008 |
(b) Each bid for a contract for the construction, demolition, | 2009 |
alteration, repair, or reconstruction of an improvement shall | 2010 |
contain the full name of every person interested in it and meet | 2011 |
the requirements of section 153.54 of the Revised Code. | 2012 |
(c) Each bid for a contract, except as provided in division | 2013 |
(B)(6)(b) of this section, shall contain the full name of every | 2014 |
person interested in it and shall be accompanied by bond or | 2015 |
certified check on a solvent bank, in such amount as the director | 2016 |
considers sufficient, that if the bid is accepted a contract will | 2017 |
be entered into and the performance of the proposal secured. | 2018 |
(d) The director may reject any and all bids. | 2019 |
(e) A bond with good and sufficient surety, approved by the | 2020 |
director, shall be required of every contractor awarded a contract | 2021 |
except as provided in division (B)(6)(b) of this section, in an | 2022 |
amount equal to at least fifty per cent of the contract price, | 2023 |
conditioned upon faithful performance of the contract. | 2024 |
(7) Employ financial consultants, appraisers, consulting | 2025 |
engineers, superintendents, managers, construction and accounting | 2026 |
experts, attorneys, and other employees and agents as are | 2027 |
necessary in the director's judgment and fix their compensation; | 2028 |
(8) Assist qualified persons in the coordination and | 2029 |
formation of a small business development company, having a | 2030 |
statewide area of operation, conditional upon the company's | 2031 |
agreeing to seek to obtain certification from the federal small | 2032 |
business administration as a certified statewide development | 2033 |
company and participation in the guaranteed loan program | 2034 |
administered by the small business administration pursuant to the | 2035 |
Act of July 2, 1980, 94 Stat. 837, 15 U.S.C.A. 697. During the | 2036 |
initial period of formation of the statewide small business | 2037 |
development company, the director shall provide technical and | 2038 |
financial expertise, legal and managerial assistance, and other | 2039 |
services as are necessary and proper to enable the company to | 2040 |
obtain and maintain federal certification and participation in the | 2041 |
federal guaranteed loan program. The director may charge a fee, in | 2042 |
such amount and on such terms and conditions as the director | 2043 |
determines necessary and proper, for assistance and services | 2044 |
provided pursuant to division (B)(8) of this section. | 2045 |
Persons chosen by the director to receive assistance in the | 2046 |
formation of a statewide small business development company | 2047 |
pursuant to division (B)(8) of this section shall make a special | 2048 |
effort to use their participation in the federal guaranteed loan | 2049 |
program to assist small businesses which are minority business | 2050 |
enterprises as defined in division (E) of section 122.71 of the | 2051 |
Revised Code. The director, with the assistance of the minority | 2052 |
business development division of the department of development, | 2053 |
shall provide technical and financial expertise, legal and | 2054 |
managerial assistance, and other services in such a manner to | 2055 |
enable the development company to provide assistance to small | 2056 |
businesses which are minority business enterprises, and shall make | 2057 |
available to the development company information pertaining to | 2058 |
assistance available to minority business enterprises under | 2059 |
programs established pursuant to sections 122.71 to 122.83, 122.87 | 2060 |
to 122.89, 122.92 to 122.94, 123.151, and 125.081 of the Revised | 2061 |
Code. | 2062 |
(9) Receive and accept grants, gifts, and contributions of | 2063 |
money, property, labor, and other things of value to be held, | 2064 |
used, and applied only for the purpose for which such grants, | 2065 |
gifts, and contributions are made, from individuals, private and | 2066 |
public corporations, from the United States or any agency of the | 2067 |
United States, from the state or any agency of the state, and from | 2068 |
any political subdivision of the state, and may agree to repay any | 2069 |
contribution of money or to return any property contributed or the | 2070 |
value of the property at such times, in such amounts, and on such | 2071 |
terms and conditions, excluding the payment of interest, as the | 2072 |
director determines at the time such contribution is made, and may | 2073 |
evidence such obligations by notes, bonds, or other written | 2074 |
instruments; | 2075 |
(10) Establish with the treasurer of state the funds provided | 2076 |
in sections 122.54, 122.55, 122.56, and 122.57 of the Revised | 2077 |
Code, in addition to such funds as the director determines are | 2078 |
necessary or proper; | 2079 |
(11) Do all acts and things necessary or proper to carry out | 2080 |
the powers expressly granted and the duties imposed in sections | 2081 |
122.39 and 122.41 to 122.62 and Chapter 163. of the Revised Code. | 2082 |
(C) All expenses and obligations incurred by the director in | 2083 |
carrying out the director's powers and in exercising the | 2084 |
director's duties under sections 122.39 and 122.41 to 122.62 of | 2085 |
the Revised Code, shall be payable solely from the proceeds of | 2086 |
revenue bonds issued pursuant to those sections, from revenues or | 2087 |
other receipts or income of the director, from grants, gifts, and | 2088 |
contributions, or funds established in accordance with those | 2089 |
sections. Those sections do not authorize the director to incur | 2090 |
indebtedness or to impose liability on the state or any political | 2091 |
subdivision of the state. | 2092 |
(D) Financial statements and financial data submitted to the | 2093 |
director by any corporation, partnership, or person in connection | 2094 |
with a loan application, or any information taken from such | 2095 |
statements or data for any purpose, shall not be open to public | 2096 |
inspection. | 2097 |
Sec. 122.43. The director of development services, with | 2098 |
controlling board approval, may lend funds which are obtained from | 2099 |
the sale of revenue bonds issued by the treasurer of state | 2100 |
pursuant to sections 122.39 and 122.41 to 122.62 of the Revised | 2101 |
Code, from revenues or other receipts or income of the director, | 2102 |
or funds established in accordance with sections 122.39 and 122.41 | 2103 |
to 122.62 of the Revised Code, and from grants, gifts, and | 2104 |
contributions subject to any provisions of resolutions authorizing | 2105 |
the revenue bonds or of trust agreements securing such bonds, to | 2106 |
community improvement corporations and Ohio development | 2107 |
corporations and other corporations, partnerships, and persons for | 2108 |
the purpose of procuring or improving real or personal property, | 2109 |
or both, for the establishment, location, or expansion of | 2110 |
industrial, distribution, commercial, or research facilities in | 2111 |
the state, and to community improvement corporations and Ohio | 2112 |
development corporations for the purpose of loaning funds to other | 2113 |
corporations, partnerships, and persons for the purpose of | 2114 |
procuring or improving real or personal property, or both, for the | 2115 |
establishment, location, or expansion of industrial, distribution, | 2116 |
commercial, or research facilities in the state, if the director | 2117 |
finds that: | 2118 |
(A) The project is economically sound and will benefit the | 2119 |
people of the state by increasing opportunities for employment and | 2120 |
strengthening the economy of the state; | 2121 |
(B) The proposed borrower, if other than a community | 2122 |
improvement corporation or an Ohio development corporation, is | 2123 |
unable to finance the proposed project through ordinary financial | 2124 |
channels upon reasonable terms and at comparable interest rates, | 2125 |
or the borrower, if a community improvement corporation or an Ohio | 2126 |
development corporation, should not, in the opinion of the | 2127 |
director, be required to finance the proposed project without a | 2128 |
loan from the director; | 2129 |
(C) The value of the project is, or upon completion thereof | 2130 |
will be, at least equal to the total amount of the money expended | 2131 |
in such procurement or improvement of which amount one or more | 2132 |
financial institutions have loaned or invested not less than forty | 2133 |
per cent; | 2134 |
(D) The amount to be loaned by the director will not exceed | 2135 |
fifty per cent of the total amount expended in the procurement or | 2136 |
improvement of the project; | 2137 |
(E) The amount to be loaned by the director will be | 2138 |
adequately secured by a first or second mortgage upon the project, | 2139 |
and by mortgages, leases, liens, assignments, or pledges on or of | 2140 |
such other property or contracts as the director shall require and | 2141 |
that such mortgage will not be subordinate to any other liens or | 2142 |
mortgages except the liens securing loans or investments made by | 2143 |
financial institutions referred to in division (C) of this | 2144 |
section, and the liens securing loans previously made by any | 2145 |
financial institution in connection with the procurement or | 2146 |
expansion of all or part of a project. | 2147 |
In no event may the | 2148 |
under the authority of this section for the purpose of procuring | 2149 |
or improving motor vehicles, power driven vehicles, office | 2150 |
equipment, raw materials, small tools, supplies, inventories, or | 2151 |
accounts receivable. | 2152 |
Sec. 122.44. Fees, charges, rates of interest, times of | 2153 |
payment of interest and principal, and other terms, conditions, | 2154 |
and provisions of the loans made by the director of development | 2155 |
services pursuant to sections 122.39 and 122.41 to 122.62 of the | 2156 |
Revised Code shall be such as the director determines to be | 2157 |
appropriate and in furtherance of the purpose for which the loans | 2158 |
are made, but the mortgage lien securing any money loaned by the | 2159 |
director may be subordinate to the mortgage lien securing any | 2160 |
money loaned or invested by a financial institution, but shall be | 2161 |
superior to that securing any money loaned or expended by any | 2162 |
other corporation or person. The funds used in making such loans | 2163 |
shall be disbursed upon order of the director. | 2164 |
Sec. 122.48. Each issue of revenue bonds issued by the | 2165 |
treasurer of state pursuant to sections 122.39 and 122.41 to | 2166 |
122.62 of the Revised Code, shall be dated, shall bear interest at | 2167 |
a rate or rates or at a variable rate, as provided in or | 2168 |
authorized by the proceedings authorizing or providing for the | 2169 |
terms and conditions of the revenue bonds, shall mature at such | 2170 |
time or times, not to exceed forty years from date, as determined | 2171 |
by the director of development services and may be made redeemable | 2172 |
before maturity at the option of the director at such price or | 2173 |
prices and under such terms and conditions as are fixed by the | 2174 |
director prior to the issuance of the bonds. The director shall | 2175 |
determine the form of the bonds, including any interest coupons to | 2176 |
be attached thereto, and the denomination or denominations of the | 2177 |
bonds and the place or places of payment of principal and | 2178 |
interest, which may be at any bank or trust company within or | 2179 |
without the state. | 2180 |
The bonds shall be executed by the signature or facsimile | 2181 |
signature of the treasurer of state, the official seal or a | 2182 |
facsimile thereof of the state shall be affixed thereto and | 2183 |
attested by the treasurer of state or designated treasurer of | 2184 |
state, and any coupons attached thereto shall bear the facsimile | 2185 |
signature of the treasurer of state. In case the person whose | 2186 |
signature, or a facsimile of whose signature, appears on any bonds | 2187 |
or coupons ceases to be such officer before delivery of bonds or | 2188 |
in case such person was not at the date of such bonds or coupons | 2189 |
such officer but at the actual date of execution of such bonds or | 2190 |
coupons was the proper officer, such signature or facsimile shall | 2191 |
nevertheless be valid and sufficient for all purposes the same as | 2192 |
if | 2193 |
All revenue bonds issued under sections 122.39 and 122.41 to | 2194 |
122.62 of the Revised Code, shall be negotiable instruments. The | 2195 |
bonds may be issued in coupon or in registered form or both, as | 2196 |
the treasurer determines. Provision may be made for the | 2197 |
registration of any coupon bonds as to the principal alone and | 2198 |
also as to both principal and interest, and for the reconversion | 2199 |
into coupon bonds of any bonds registered as to both principal and | 2200 |
interest. The treasurer of state may sell such bonds in the manner | 2201 |
and for the price | 2202 |
the best interest of the state. | 2203 |
Prior to the preparation of definitive bonds, the treasurer | 2204 |
of state may, under like restrictions, issue interim receipts or | 2205 |
temporary bonds, with or without coupons, exchangeable for | 2206 |
definitive bonds when such bonds have been executed and are | 2207 |
available for delivery. The treasurer of state may also provide | 2208 |
for the replacement of any bonds which become mutilated or are | 2209 |
destroyed, stolen, or lost. Bonds may be issued under sections | 2210 |
122.39 to 122.62 of the Revised Code, without obtaining the | 2211 |
consent of any department, division, commission, board, bureau, or | 2212 |
agency of the state, and without any other proceeding or the | 2213 |
happening of any other conditions or things than those | 2214 |
proceedings, conditions, or things which are specifically required | 2215 |
by such sections. | 2216 |
Sec. 122.49. The proceeds of each issue of revenue bonds | 2217 |
issued pursuant to sections 122.39 and 122.41 to 122.62 of the | 2218 |
Revised Code shall be used for the making of loans authorized in | 2219 |
sections 122.43 and 122.45 of the Revised Code, for the purchase | 2220 |
and improvement of property authorized in section 122.46 of the | 2221 |
Revised Code, for insuring mortgage payments authorized in section | 2222 |
122.451 of the Revised Code, and for the crediting into and among | 2223 |
the funds established in accordance with sections 122.35, 122.54, | 2224 |
122.55, 122.56, 122.561, and 122.57 of the Revised Code, but | 2225 |
subject to such conditions, limitations, and covenants with the | 2226 |
purchasers and holders of the bonds as shall be provided for in | 2227 |
the bond authorization proceedings and in the trust agreement | 2228 |
securing the same. | 2229 |
Provision shall be made by the director of development | 2230 |
services for the payment of the expenses of the director in | 2231 |
operating the assistance programs authorized under this chapter in | 2232 |
such manner and to such extent as shall be determined by the | 2233 |
director. | 2234 |
Sec. 122.50. Revenue bonds issued under sections 122.39 and | 2235 |
122.41 to 122.62, inclusive, of the Revised Code, do not | 2236 |
constitute a debt, or a pledge of the faith and credit, of the | 2237 |
state or of any political subdivision thereof, but such bonds | 2238 |
shall be payable solely from the funds pledged for their payment | 2239 |
as authorized by such sections, or by funds derived from the | 2240 |
issuance of refunding bonds as authorized in section 122.52 of the | 2241 |
Revised Code, which refunding bonds shall be payable solely from | 2242 |
funds pledged for their payment as authorized by such section. All | 2243 |
such revenue bonds shall contain on the face thereof a statement | 2244 |
to the effect that the bonds, as to both principal and interest, | 2245 |
are not an obligation of the state or of any political subdivision | 2246 |
thereof, but are payable solely from revenues pledged for their | 2247 |
payment. | 2248 |
Sec. 122.51. All revenue bonds issued under sections 122.39 | 2249 |
and 122.41 to 122.62, inclusive, of the Revised Code, are lawful | 2250 |
investments of banks, building and loan and savings and loan | 2251 |
associations, deposit guarantee associations, trust companies, | 2252 |
trustees, fiduciaries, trustees or other officers having charge of | 2253 |
sinking or bond retirement funds of municipal corporations and | 2254 |
other subdivisions of this state, and of domestic insurance | 2255 |
companies notwithstanding sections 3907.14 and 3925.08 of the | 2256 |
Revised Code, and are acceptable as security for the deposit of | 2257 |
public moneys. | 2258 |
Sec. 122.52. The director of development services may | 2259 |
provide for the issuance of revenue refunding bonds of the state | 2260 |
by the treasurer of state, payable solely from the sinking funds | 2261 |
established in accordance with section 122.51 of the Revised Code | 2262 |
at the times and in the order and manner provided by the director | 2263 |
and in any trust agreement securing such bonds and shall also be | 2264 |
secured by moneys in the other funds established pursuant to | 2265 |
sections 122.39 and 122.41 to 122.62 of the Revised Code to the | 2266 |
extent and on the terms specified by the director, for the purpose | 2267 |
of refunding any revenue bonds then outstanding which have been | 2268 |
issued under sections 122.39 and 122.41 to 122.62 of the Revised | 2269 |
Code, including the payment of any redemption premium thereon and | 2270 |
any interest accrued or to accrue to the date of redemption of | 2271 |
such bonds. The issuance of such bonds, the maturities and other | 2272 |
details thereof, the rights of the holders thereof, and the | 2273 |
rights, duties, and obligations of the director and treasurer of | 2274 |
state in respect to such bonds shall be governed by such sections | 2275 |
insofar as they are applicable. | 2276 |
Sec. 122.53. In the discretion of the treasurer of state, | 2277 |
any bonds issued under sections 122.39 and 122.41 to 122.62 of the | 2278 |
Revised Code, may be secured by a trust agreement between the | 2279 |
treasurer of state and a corporate trustee, which trustee may be | 2280 |
any trust company or bank having the powers of a trust company | 2281 |
within or without the state. | 2282 |
Any such trust agreement may pledge or assign payments of | 2283 |
principal of and interest on loans, charges, fees, and other | 2284 |
revenue to be received by the director of development services, | 2285 |
all rentals received under leases made by the director, and all | 2286 |
proceeds of the sale or other disposition of property held by the | 2287 |
director, and may provide for the holding in trust by the trustee | 2288 |
to the extent provided for in the proceedings authorizing such | 2289 |
bonds, of all such moneys and moneys otherwise payable into the | 2290 |
mortgage guarantee fund created by section 122.56 of the Revised | 2291 |
Code, and all moneys otherwise payable into the mortgage insurance | 2292 |
fund created by section 122.561 of the Revised Code, and of moneys | 2293 |
payable into the sinking fund or funds referred to in section | 2294 |
122.57 of the Revised Code, but shall not convey or mortgage any | 2295 |
of the real or personal property held by the director or any part | 2296 |
thereof. Any such trust agreement, or any proceedings providing | 2297 |
for the issuance of such bonds, may contain such provisions for | 2298 |
protecting and enforcing the rights and remedies of the | 2299 |
bondholders as are reasonable and proper and not in violation of | 2300 |
law, including covenants setting forth the duties of the director | 2301 |
in relation to the acquisition of property, and the construction, | 2302 |
improvement, maintenance, repair, operation, and insurance of | 2303 |
facilities, the making of loans and leases and the terms and | 2304 |
provisions thereof, and the custody, safeguarding, investment, and | 2305 |
application of all moneys, and provisions for the employment of | 2306 |
consulting engineers or other consultants in connection with the | 2307 |
making of loans and leases and the construction or operation of | 2308 |
any facility. Any bank or trust company incorporated under the | 2309 |
laws of this state which may act as trustee or as depository of | 2310 |
the proceeds of bonds or of revenue may furnish such indemnifying | 2311 |
bonds or may pledge such securities as are required by the | 2312 |
treasurer of state. Any such trust agreement may set forth the | 2313 |
rights and remedies of the bondholders and of the trustee, and may | 2314 |
restrict the individual right of action by bondholders as is | 2315 |
customary in trust agreements or trust indentures securing bonds | 2316 |
or debentures of corporations. Such trust agreement may contain | 2317 |
such other provisions as the treasurer of state deems reasonable | 2318 |
and proper for the security of the bondholders. All expenses | 2319 |
incurred by the treasurer of state in carrying out the provisions | 2320 |
of any such trust agreement shall be treated as a part of the cost | 2321 |
of the operation of the assistance programs authorized pursuant to | 2322 |
Chapter 122. of the Revised Code. Any such trust agreement may | 2323 |
provide the method whereby general administrative overhead expense | 2324 |
of the director with respect to those assistance programs shall be | 2325 |
allocated among the funds established pursuant to Chapter 122. of | 2326 |
the Revised Code with respect to the operating expenses of the | 2327 |
director payable out of the income of the assistance programs. | 2328 |
Sec. 122.561. The mortgage insurance fund of the director of | 2329 |
development services is hereby created to consist of all money | 2330 |
allocated by the director from the proceeds of the sale of any | 2331 |
issue of revenue bonds, to the extent and subject to the | 2332 |
conditions provided in the proceedings authorizing such bonds or | 2333 |
in the trust agreements securing such bonds, for the purpose of | 2334 |
insuring mortgage payments pursuant to section 122.451 of the | 2335 |
Revised Code, all grants and contributions made to the director | 2336 |
for such purpose, all moneys deposited or credited to the mortgage | 2337 |
insurance fund pursuant to section 169.05 of the Revised Code, all | 2338 |
other moneys and property designated by the director and by law | 2339 |
for such purpose, all mortgage insurance premiums charged and | 2340 |
collected as provided in this section, and all receipts and | 2341 |
proceeds from the sale, disposal, lease, or rental of real or | 2342 |
personal property which the director may hold as a result of a | 2343 |
default in an insured mortgage. The director shall fix mortgage | 2344 |
insurance premiums for the insurance of mortgage payments pursuant | 2345 |
to section 122.451 of the Revised Code, to be computed as a | 2346 |
percentage of the principal obligation of the mortgage outstanding | 2347 |
at the beginning of each mortgage year. Such insurance premiums | 2348 |
shall not be more than three per cent per annum of the outstanding | 2349 |
principal obligation, and shall be calculated on the basis of all | 2350 |
pertinent available data. Such premiums shall be payable by the | 2351 |
mortgagors or the mortgagees in such manner as is prescribed by | 2352 |
the director. The amount of premium need not be uniform among the | 2353 |
various mortgages insured. The director may provide for the | 2354 |
custody, investment, and use of the unclaimed funds trust fund | 2355 |
created by section 169.05 of the Revised Code and all mortgage | 2356 |
insurance premiums, including the payment therefrom of the | 2357 |
expenses and costs of the director in insuring mortgage payments | 2358 |
pursuant to section 122.451 of the Revised Code. Any financial | 2359 |
statements or financial data submitted to the director | 2360 |
2361 | |
in connection with any application for the insurance of mortgage | 2362 |
payments, or any information taken from such statements or data, | 2363 |
is not open to public inspection. | 2364 |
Sec. 122.57. All payments of principal of and interest on | 2365 |
the loans made by the director of development services, all | 2366 |
rentals received under leases made by | 2367 |
proceeds of the sale or other disposition of property held by | 2368 |
the director shall be placed in separate sinking funds to the | 2369 |
extent provided in the proceedings authorizing revenue bonds which | 2370 |
are hereby pledged to and charged with the payment of interest on, | 2371 |
principal of and redemption premium on, the revenue bonds issued | 2372 |
pursuant to sections 122.39 and 122.41 to 122.62 of the Revised | 2373 |
Code to the extent provided in the proceedings authorizing and the | 2374 |
trust agreements securing such bonds. The moneys therein in excess | 2375 |
of the amounts required by the bond proceedings and trust | 2376 |
agreements and all payments not so required to be paid into such | 2377 |
sinking funds shall be retained or placed in such fund or in the | 2378 |
other funds provided for by sections 122.35, 122.54, 122.42, | 2379 |
122.55, 122.56, 122.561, and 122.57 of the Revised Code as the | 2380 |
director shall determine, and shall be available for the uses for | 2381 |
which such funds are established. | 2382 |
Sec. 122.60. As used in sections 122.60 to 122.605 of the | 2383 |
Revised Code: | 2384 |
(A) "Capital access loan" means a loan made by a | 2385 |
participating financial institution to an eligible business that | 2386 |
may be secured by a deposit of money from the fund into the | 2387 |
participating financial institution's program reserve account. | 2388 |
(B) "Department of development" means the | 2389 |
development services agency. | 2390 |
(C) "Eligible business" means a for-profit business entity, | 2391 |
or a nonprofit entity, that had total annual sales in its most | 2392 |
recently completed fiscal year of less than ten million dollars | 2393 |
and that has a principal place of for-profit business or nonprofit | 2394 |
entity activity within the state, the operation of which, alone or | 2395 |
in conjunction with other facilities, will create new jobs or | 2396 |
preserve existing jobs and employment opportunities and will | 2397 |
improve the economic welfare of the people of the state. As used | 2398 |
in this division, "new jobs" does not include existing jobs | 2399 |
transferred from another facility within the state, and "existing | 2400 |
jobs" means only existing jobs at facilities within the same | 2401 |
municipal corporation or township in which the project, activity, | 2402 |
or enterprise that is the subject of a capital access loan is | 2403 |
located. | 2404 |
(D) "Financial institution" means any bank, trust company, | 2405 |
savings bank, or savings and loan association that is chartered by | 2406 |
and has a significant presence in the state, or any national bank, | 2407 |
federal savings and loan association, or federal savings bank that | 2408 |
has a significant presence in the state. | 2409 |
(E) "Fund" means the capital access loan program fund. | 2410 |
(F) "Minority business supplier development council" has the | 2411 |
same meaning as in section 122.71 of the Revised Code. | 2412 |
(G) "Participating financial institution" means a financial | 2413 |
institution that has a valid, current participation agreement with | 2414 |
the
| 2415 |
| 2416 |
a financial institution and the | 2417 |
financial institution may participate in the program. | 2418 |
| 2419 |
real estate for the sole purpose of deriving income from it by | 2420 |
speculation, trade, or rental. | 2421 |
| 2422 |
created under section 122.602 of the Revised Code. | 2423 |
| 2424 |
each participating financial institution that is the property of | 2425 |
the state and may be used by the participating financial | 2426 |
institution only for the purpose of recovering a claim under | 2427 |
section 122.604 of the Revised Code arising from a default on a | 2428 |
loan made by the participating financial institution under the | 2429 |
program. | 2430 |
Sec. 122.601. There is hereby created in the state treasury | 2431 |
the capital access loan program fund. The fund shall consist of | 2432 |
money deposited into it from the minority business enterprise loan | 2433 |
fund pursuant to section 122.80 of the Revised Code and the | 2434 |
facilities establishment fund pursuant to section 166.03 of the | 2435 |
Revised Code and all money deposited into it pursuant to section | 2436 |
122.602 of the Revised Code. The total amount of money deposited | 2437 |
into the fund from the minority business enterprise loan fund or | 2438 |
the facilities establishment fund shall not exceed three million | 2439 |
dollars during any particular fiscal year of the | 2440 |
development services agency. | 2441 |
The | 2442 |
to pay the operating costs of the program, including the | 2443 |
administrative costs incurred by the | 2444 |
connection with the program, and only in keeping with the purposes | 2445 |
specified in sections 122.60 to 122.605 of the Revised Code. | 2446 |
Sec. 122.602. (A) There is hereby created in the department | 2447 |
of development the capital access loan program to assist | 2448 |
participating financial institutions in making program loans to | 2449 |
eligible businesses that face barriers in accessing working | 2450 |
capital and obtaining fixed asset financing. In administering the | 2451 |
program, the director of development may do any of the following: | 2452 |
(1) Receive and accept grants, gifts, and contributions of | 2453 |
money, property, labor, and other things of value to be held, | 2454 |
used, and applied only for the purpose for which the grants, | 2455 |
gifts, and contributions are made, from individuals, private and | 2456 |
public corporations, the United States or any agency of the United | 2457 |
States, the state or any agency of the state, or any political | 2458 |
subdivision of the state; | 2459 |
(2) Agree to repay any contribution of money or return any | 2460 |
property contributed or the value of that property at the times, | 2461 |
in the amounts, and on the terms and conditions, excluding the | 2462 |
payment of interest, that the director consents to at the time a | 2463 |
contribution is made; and evidence obligations by notes, bonds, or | 2464 |
other written instruments; | 2465 |
(3) Adopt rules under Chapter 119. of the Revised Code to | 2466 |
carry out the purposes of the program specified in sections 122.60 | 2467 |
to 122.605 of the Revised Code; | 2468 |
(4) Engage in all other acts, and enter into contracts and | 2469 |
execute all instruments, necessary or appropriate to carry out the | 2470 |
purposes specified in sections 122.60 to 122.605 of the Revised | 2471 |
Code. | 2472 |
(B) The director shall determine the eligibility of a | 2473 |
financial institution to participate in the program and may set a | 2474 |
limit on the number of financial institutions that may participate | 2475 |
in the program. | 2476 |
(C) To be considered eligible by the director to participate | 2477 |
in the program, a financial institution shall enter into a | 2478 |
participation agreement with the department that sets out the | 2479 |
terms and conditions under which the department will deposit | 2480 |
moneys from the fund into the financial institution's program | 2481 |
reserve account, specifies the criteria for loan qualification | 2482 |
under the program, and contains any additional terms the director | 2483 |
considers necessary. | 2484 |
(D) After receiving the certification required under division | 2485 |
(C) of section 122.603 of the Revised Code, the director may | 2486 |
disburse moneys from the fund to a participating financial | 2487 |
institution for deposit in its program reserve account if the | 2488 |
director determines that the capital access loan involved meets | 2489 |
all of the following criteria: | 2490 |
(1) It will be made to an eligible business. | 2491 |
(2) It will be used by the eligible business for a project, | 2492 |
activity, or enterprise that fosters economic development. | 2493 |
(3) It will not be made in order to enroll in the program | 2494 |
prior debt that is not covered under the program and that is owed | 2495 |
or was previously owed by an eligible business to the financial | 2496 |
institution. | 2497 |
(4) It will not be utilized for a project or development | 2498 |
related to the on-site construction or purchase of residential | 2499 |
housing. | 2500 |
(5) It will not be used to finance passive real estate | 2501 |
ownership. | 2502 |
(6) It conforms to the requirements of divisions (E), (F), | 2503 |
(G), (H), and (I) of this section, and to the rules adopted by the | 2504 |
director under division (A)(3) of this section. | 2505 |
(E) The director shall not approve a deposit amount from the | 2506 |
fund for a capital access loan to an eligible business that | 2507 |
exceeds two hundred fifty thousand dollars for working capital or | 2508 |
five hundred thousand dollars for the purchase of fixed assets. An | 2509 |
eligible business may apply for the maximum deposit amount | 2510 |
both working capital and the purchase of fixed assets in the same | 2511 |
capital access loan enrollment. | 2512 |
(F) A financial institution may apply to the director for the | 2513 |
approval of a capital access loan to any business that is owned or | 2514 |
operated by a person that has previously defaulted under any state | 2515 |
financial assistance program. | 2516 |
(G) Eligible businesses that apply for a capital access loan | 2517 |
shall comply with section 9.66 of the Revised Code. | 2518 |
(H) A financial institution may apply to the director for the | 2519 |
approval of a capital access loan that refinances a nonprogram | 2520 |
loan made by another financial institution. | 2521 |
(I) The director shall not approve a capital access loan that | 2522 |
refinances a nonprogram loan made by the same financial | 2523 |
institution, unless the amount of the refinanced loan exceeds the | 2524 |
existing debt, in which case only the amount exceeding the | 2525 |
existing debt is eligible for a loan under the program. | 2526 |
Sec. 122.603. (A)(1) Upon approval by the director of | 2527 |
development services and after entering into a participation | 2528 |
agreement with the | 2529 |
participating financial institution making a capital access loan | 2530 |
shall establish a program reserve account. The account shall be an | 2531 |
interest-bearing account and shall contain only moneys deposited | 2532 |
into it under the program and the interest payable on the moneys | 2533 |
in the account. | 2534 |
(2) All interest payable on the moneys in the program reserve | 2535 |
account shall be added to the moneys and held as an additional | 2536 |
loss reserve. The director may require that a portion or all of | 2537 |
the accrued interest so held in the account be released to the | 2538 |
2539 | |
interest, the director shall deposit the released amount into the | 2540 |
capital access loan program fund created in section 122.601 of the | 2541 |
Revised Code. The director shall not require the release of that | 2542 |
accrued interest more than twice in a fiscal year. | 2543 |
(B) When a participating financial institution makes a | 2544 |
capital access loan, it shall require the eligible business to pay | 2545 |
to the participating financial institution a fee in an amount that | 2546 |
is not less than one and one-half per cent, and not more than | 2547 |
three per cent, of the principal amount of the loan. The | 2548 |
participating financial institution shall deposit the fee into its | 2549 |
program reserve account, and it also shall deposit into the | 2550 |
account an amount of its own funds equal to the amount of the fee. | 2551 |
The participating financial institution may recover from the | 2552 |
eligible business all or part of the amount that the participating | 2553 |
financial institution is required to deposit into the account | 2554 |
under this division in any manner agreed to by the participating | 2555 |
financial institution and the eligible business. | 2556 |
(C) For each capital access loan made by a participating | 2557 |
financial institution, the participating financial institution | 2558 |
shall certify to the director, within a period specified by the | 2559 |
director, that the participating financial institution has made | 2560 |
the loan. The certification shall include the amount of the loan, | 2561 |
the amount of the fee received from the eligible business, the | 2562 |
amount of its own funds that the participating financial | 2563 |
institution deposited into its program reserve account to reflect | 2564 |
that fee, and any other information specified by the director. The | 2565 |
certification also shall indicate if the eligible business | 2566 |
receiving the capital access loan is a minority business | 2567 |
enterprise as defined in section 122.71 of the Revised Code or | 2568 |
certified by the minority business supplier development council. | 2569 |
(D)(1)(a) Upon receipt of each of the first three | 2570 |
certifications from a participating financial institution made | 2571 |
under division (C) of this section and subject to section 122.602 | 2572 |
of the Revised Code, the director shall disburse to the | 2573 |
participating financial institution from the capital access loan | 2574 |
program fund an amount | 2575 |
principal amount of the particular capital access loan for deposit | 2576 |
into the participating financial institution's program reserve | 2577 |
account. Thereafter, upon receipt of a certification from that | 2578 |
participating financial institution made under division (C) of | 2579 |
this section and subject to section 122.602 of the Revised Code, | 2580 |
the director shall disburse to the participating financial | 2581 |
institution from the capital access loan program fund an amount | 2582 |
equal to ten per cent of the principal amount of the particular | 2583 |
capital access loan for deposit into the participating financial | 2584 |
institution's program reserve account. | 2585 |
(b) Notwithstanding division (D)(1)(a) of this section, and | 2586 |
subject to section 122.602 of the Revised Code, upon receipt of | 2587 |
any certification from a participating financial institution made | 2588 |
under division (C) of this section with respect to a capital | 2589 |
access loan made to an eligible business that is a minority | 2590 |
business enterprise, the director shall disburse to the | 2591 |
participating financial institution from the capital access loan | 2592 |
program fund an amount | 2593 |
principal amount of the particular capital access loan for deposit | 2594 |
into the participating financial institution's program reserve | 2595 |
account. | 2596 |
(2) The disbursement of moneys from the fund to a | 2597 |
participating financial institution does not require approval from | 2598 |
the controlling board. | 2599 |
(E) If the amount in a program reserve account exceeds an | 2600 |
amount equal to thirty-three per cent of a participating financial | 2601 |
institution's outstanding capital access loans, the
| 2602 |
agency may cause the withdrawal of the excess amount and the | 2603 |
deposit of the withdrawn amount into the capital access loan | 2604 |
program fund. | 2605 |
(F)(1) The | 2606 |
total amount in a participating financial institution's program | 2607 |
reserve account if any of the following applies: | 2608 |
(a) The financial institution is no longer eligible to | 2609 |
participate in the program. | 2610 |
(b) The participation agreement expires without renewal by | 2611 |
the
| 2612 |
(c) The financial institution has no outstanding capital | 2613 |
access loans. | 2614 |
(d) The financial institution has not made a capital access | 2615 |
loan within the preceding twenty-four months. | 2616 |
(2) If the | 2617 |
division (F)(1) of this section, the | 2618 |
deposit the withdrawn amount into the capital access loan program | 2619 |
fund. | 2620 |
Sec. 122.61. The exercise of the powers granted by sections | 2621 |
122.39 and 122.41 to 122.62 of the Revised Code, will be in all | 2622 |
respects for the benefit of the people of the state, for the | 2623 |
increase of their commerce and prosperity, and for the improvement | 2624 |
of conditions of employment, and will constitute the performance | 2625 |
of essential governmental functions; therefore the director of | 2626 |
development services shall not be required to pay any taxes upon | 2627 |
any | 2628 |
property acquired or used by | 2629 |
122.39 and 122.41 to 122.62 of the Revised Code, or upon the | 2630 |
income therefrom, provided, such exemption shall not apply to any | 2631 |
property held by the director while it is in the possession of a | 2632 |
private person, partnership, or corporation and used for private | 2633 |
purposes for profit. The bonds, notes, or other obligations issued | 2634 |
under such sections, their transfer, and the income therefrom, | 2635 |
including any profit made on the sale thereof, shall at all times | 2636 |
be free from taxation within the state. | 2637 |
Sec. 122.62. All moneys received under sections 122.39 and | 2638 |
122.41 to 122.62 of the Revised Code as proceeds from the sale of | 2639 |
bonds are trust funds. All moneys received under those sections | 2640 |
shall be held and applied solely as provided in such sections and | 2641 |
section 166.03 of the Revised Code. All such moneys, except as | 2642 |
otherwise provided in any proceedings authorizing revenue bonds or | 2643 |
in any trust agreement securing such bonds or except when | 2644 |
deposited with the treasurer of state, or except as they may be | 2645 |
invested pursuant to section 122.58 of the Revised Code, shall be | 2646 |
kept in depositories as selected by the director of development | 2647 |
services in the manner provided in sections 135.01 to 135.21 of | 2648 |
the Revised Code, insofar as such sections are applicable, and the | 2649 |
deposits shall be secured as provided in sections 135.01 to 135.21 | 2650 |
of the Revised Code. The proceedings authorizing the issuance of | 2651 |
bonds of any issue or the trust agreement securing such bonds | 2652 |
shall provide that any official to whom, or any bank or trust | 2653 |
company to which, such moneys are paid, shall act as trustee of | 2654 |
such moneys and hold and apply them for the purposes of sections | 2655 |
122.39 and 122.41 to 122.62 of the Revised Code, subject to such | 2656 |
rules as such sections and such bond issuance proceedings or trust | 2657 |
agreement provide. | 2658 |
Sec. 122.64. (A) There is hereby established in the | 2659 |
2660 | |
division | 2661 |
by a deputy director appointed by the director of development | 2662 |
services. | 2663 |
The division is responsible for the administration of the | 2664 |
state economic development financing programs established pursuant | 2665 |
to sections 122.17 and 122.18, sections 122.39 and 122.41 to | 2666 |
122.62, and Chapter 166. of the Revised Code | 2667 |
2668 | |
2669 |
(B) The director of development services shall: | 2670 |
(1) | 2671 |
2672 |
| 2673 |
122.39 and 122.41 to 122.62 and Chapter 166. of the Revised Code. | 2674 |
The director shall process the applications | 2675 |
2676 | |
2677 | |
2678 | |
2679 |
| 2680 |
services, establish salary schedules for employees of the various | 2681 |
positions of employment with the division and assign the various | 2682 |
positions to those salary schedules; | 2683 |
| 2684 |
2685 | |
2686 | |
2687 |
| 2688 |
consultants, appraisers, consulting engineers, superintendents, | 2689 |
managers, construction and accounting experts, attorneys, and | 2690 |
other agents for the assistance programs authorized pursuant to | 2691 |
sections 122.17 and 122.18, sections 122.39 and 122.41 to 122.62, | 2692 |
and Chapter 166. of the Revised Code as are necessary; | 2693 |
| 2694 |
division; | 2695 |
| 2696 |
make an annual report of the activities and operations under | 2697 |
assistance programs authorized pursuant to sections 122.39 and | 2698 |
122.41 to 122.62 and Chapter 166. of the Revised Code for the | 2699 |
preceding fiscal year to the governor and the general assembly. | 2700 |
Each such report shall set forth a complete operating and | 2701 |
financial statement covering such activities and operations during | 2702 |
the year in accordance with generally accepted accounting | 2703 |
principles and shall be audited by a certified public accountant. | 2704 |
The director of development services shall transmit a copy of the | 2705 |
audited financial report to the office of budget and management. | 2706 |
Sec. 122.76. (A) The director of development services, with | 2707 |
controlling board approval, may lend funds to minority business | 2708 |
enterprises and to community improvement corporations, Ohio | 2709 |
development corporations, minority contractors business assistance | 2710 |
organizations, and minority business supplier development councils | 2711 |
for the purpose of loaning funds to minority business enterprises | 2712 |
and for the purpose of procuring or improving real or personal | 2713 |
property, or both, for the establishment, location, or expansion | 2714 |
of industrial, distribution, commercial, or research facilities in | 2715 |
the state, and to community development corporations that | 2716 |
predominantly benefit minority business enterprises or are located | 2717 |
in a census tract that has a population that is sixty per cent or | 2718 |
more minority if the director determines, in the director's sole | 2719 |
discretion, that all of the following apply: | 2720 |
(1) The project is economically sound and will benefit the | 2721 |
people of the state by increasing opportunities for employment, by | 2722 |
strengthening the economy of the state, or expanding minority | 2723 |
business enterprises. | 2724 |
(2) The proposed minority business enterprise borrower is | 2725 |
unable to finance the proposed project through ordinary financial | 2726 |
channels at comparable terms. | 2727 |
(3) The value of the project is or, upon completion, will be | 2728 |
at least equal to the total amount of the money expended in the | 2729 |
procurement or improvement of the project. | 2730 |
(4) The amount to be loaned by the director will not exceed | 2731 |
2732 | |
procurement or improvement of the project. | 2733 |
(5) The amount to be loaned by the director will be | 2734 |
adequately secured by a first or second mortgage upon the project | 2735 |
or by mortgages, leases, liens, assignments, or pledges on or of | 2736 |
other property or contracts as the director requires, and such | 2737 |
mortgage will not be subordinate to any other liens or mortgages | 2738 |
except the liens securing loans or investments made by financial | 2739 |
institutions referred to in division (A)(3) of this section, and | 2740 |
the liens securing loans previously made by any financial | 2741 |
institution in connection with the procurement or expansion of all | 2742 |
or part of a project. | 2743 |
(B) Any proposed minority business enterprise borrower | 2744 |
submitting an application for assistance under this section shall | 2745 |
not have defaulted on a previous loan from the director, and no | 2746 |
full or limited partner, major shareholder, or holder of an equity | 2747 |
interest of the proposed minority business enterprise borrower | 2748 |
shall have defaulted on a loan from the director. | 2749 |
(C) The proposed minority business enterprise borrower shall | 2750 |
demonstrate to the satisfaction of the director that it is able to | 2751 |
successfully compete in the private sector if it obtains the | 2752 |
necessary financial, technical, or managerial support and that | 2753 |
support is available through the director, the minority business | 2754 |
development office of the department of development, or other | 2755 |
identified and acceptable sources. In determining whether a | 2756 |
minority business enterprise borrower will be able to successfully | 2757 |
compete, the director may give consideration to such factors as | 2758 |
the successful completion of or participation in courses of study, | 2759 |
recognized by the board of regents as providing financial, | 2760 |
technical, or managerial skills related to the operation of the | 2761 |
business, by the economically disadvantaged individual, owner, or | 2762 |
partner, and the prior success of the individual, owner, or | 2763 |
partner in personal, career, or business activities, as well as to | 2764 |
other factors identified by the director. | 2765 |
(D) The director shall not lend funds for the purpose of | 2766 |
procuring or improving motor vehicles or accounts receivable. | 2767 |
Sec. 122.80. There is hereby created in the state treasury | 2768 |
the minority business enterprise loan fund. The fund shall consist | 2769 |
of money deposited into the fund from the facilities establishment | 2770 |
fund pursuant to section 166.03 of the Revised Code and all money | 2771 |
deposited into the fund pursuant to section 122.81 of the Revised | 2772 |
Code. The director of development shall use the fund to pay | 2773 |
operating costs of the minority development financing advisory | 2774 |
board, make loans to minority business enterprises as authorized | 2775 |
in division (A) of section 122.76 of the Revised Code | 2776 |
guarantees to small businesses as authorized in division (A) of | 2777 |
section 122.77 of the Revised Code, and for transfer to the | 2778 |
capital access loan program fund established in section 122.601 of | 2779 |
the Revised Code. | 2780 |
Sec. 122.86. (A) As used in this section and section 5747.81 | 2781 |
of the Revised Code: | 2782 |
(1) "Small business enterprise" means a corporation, | 2783 |
pass-through entity, or other person satisfying all of the | 2784 |
following: | 2785 |
(a) At the time of a qualifying investment, the enterprise | 2786 |
meets all of the following requirements: | 2787 |
(i) Has no outstanding tax or other liabilities owed to the | 2788 |
state; | 2789 |
(ii) Is in good standing with the secretary of state, if the | 2790 |
enterprise is required to be registered with the secretary; | 2791 |
(iii) Is current with any court-ordered payments; | 2792 |
(iv) Is not engaged in any illegal activity. | 2793 |
(b) At the time of a qualifying investment, the enterprise's | 2794 |
assets according to generally accepted accounting principles do | 2795 |
not exceed fifty million dollars, or its annual sales do not | 2796 |
exceed ten million dollars | 2797 |
assets and annual sales of all of the enterprise's related or | 2798 |
affiliated entities shall be included in the calculation. | 2799 |
| 2800 |
equivalent employees in this state for whom the enterprise is | 2801 |
required to withhold income tax under section 5747.06 of the | 2802 |
Revised Code, or more than one-half the enterprise's total number | 2803 |
of full-time equivalent employees employed anywhere in the United | 2804 |
States are employed in this state and are subject to that | 2805 |
withholding requirement. | 2806 |
| 2807 |
investor's qualifying investment is made, invests in or incurs | 2808 |
cost for one or more of the following in an amount at least equal | 2809 |
to the amount of the qualifying investment: | 2810 |
(i) Tangible personal property, other than motor vehicles | 2811 |
operated on public roads and highways, used in business and | 2812 |
physically located in this state from the time of its acquisition | 2813 |
by the enterprise until the end of the investor's holding period; | 2814 |
(ii) Motor vehicles operated on public roads and highways if, | 2815 |
from the time of acquisition by the enterprise until the end of | 2816 |
the investor's holding period, the motor vehicles are purchased in | 2817 |
this state, registered in this state under Chapter 4503. of the | 2818 |
Revised Code, are used primarily for business purposes, and are | 2819 |
necessary for the operation of the enterprise's business; | 2820 |
(iii) Real property located in this state that is used in | 2821 |
business from the time of its acquisition by the enterprise until | 2822 |
the end of the holding period; | 2823 |
(iv) Intangible personal property, including patents, | 2824 |
copyrights, trademarks, service marks, or licenses used in | 2825 |
business primarily in this state from the time of its acquisition | 2826 |
by the enterprise until the end of the holding period; | 2827 |
(v) Compensation for new employees of the enterprise for whom | 2828 |
the enterprise is required to withhold income tax under section | 2829 |
5747.06 of the Revised Code, not including increased compensation | 2830 |
for owners, officers, or managers of the enterprise. For this | 2831 |
purpose compensation for new employees includes compensation for | 2832 |
newly hired or retained employees. | 2833 |
(2) "Qualifying investment" means an investment of money made | 2834 |
on or after July 1, 2011, to acquire capital stock or other equity | 2835 |
interest in a small business enterprise. "Qualifying investment" | 2836 |
does not include | 2837 |
(a) Any investment of money an eligible investor derives, | 2838 |
directly or indirectly, from a grant or loan from the federal | 2839 |
government or the state or a political subdivision, including the | 2840 |
third frontier program under Chapter 184. of the Revised Code; | 2841 |
(b) Any investment of money which is the basis of a tax | 2842 |
credit granted under any other section of the Revised Code. | 2843 |
(3) "Eligible investor" means an individual, estate, or trust | 2844 |
subject to the tax imposed by section 5747.02 of the Revised Code, | 2845 |
or a pass-through entity in which such an individual, estate, or | 2846 |
trust holds a direct or indirect ownership or other equity | 2847 |
interest. To qualify as an eligible investor, the individual, | 2848 |
estate, trust, or pass-through entity shall not owe any | 2849 |
outstanding tax or other liability to the state at the time of a | 2850 |
qualifying investment. | 2851 |
(4) "Holding period" means: | 2852 |
(a) For qualifying investments made on or after July 1, 2011, | 2853 |
but before July 1, 2013, the two-year period beginning on the day | 2854 |
the investment was made; | 2855 |
(b) For qualifying investments made on or after July 1, 2013, | 2856 |
the five-year period beginning on the day the investment was made. | 2857 |
(5) "Pass-through entity" has the same meaning as in section | 2858 |
5733.04 of the Revised Code. | 2859 |
(B) Any eligible investor that makes a qualifying investment | 2860 |
in a small business enterprise on or after July 1, 2011, may apply | 2861 |
to the director of development services to obtain a small business | 2862 |
investment certificate from the director. Alternatively, a small | 2863 |
business enterprise may apply on behalf of eligible investors to | 2864 |
obtain the certificates for those investors. The director, in | 2865 |
consultation with the tax commissioner, shall prescribe the form | 2866 |
or manner in which an applicant shall apply for the certificate, | 2867 |
devise the form of the certificate, and prescribe any records or | 2868 |
other information an applicant shall furnish with the application | 2869 |
to evidence the qualifying investment. The applicant shall state | 2870 |
the amount of the intended investment. The applicant shall pay an | 2871 |
application fee equal to the greater of one-tenth of one per cent | 2872 |
of the amount of the intended investment or one hundred dollars. | 2873 |
A small business investment certificate entitles the | 2874 |
certificate holder to receive a tax credit under section 5747.81 | 2875 |
of the Revised Code if the certificate holder qualifies for the | 2876 |
credit as otherwise provided in this section. If the certificate | 2877 |
holder is a pass-through entity, the certificate entitles the | 2878 |
entity's equity owners to receive their distributive or | 2879 |
proportionate shares of the credit. In any fiscal biennium, an | 2880 |
eligible investor may not apply for small business investment | 2881 |
certificates representing intended investment amounts in excess of | 2882 |
ten million dollars. Such certificates are not transferable. | 2883 |
The director of development | 2884 |
small business investment certificates to qualifying applicants in | 2885 |
the order in which the director receives applications, but may | 2886 |
issue the certificates as the applications are completed. An | 2887 |
application is completed when the director has validated that an | 2888 |
eligible investor has made a qualified investment and the small | 2889 |
business enterprise has made the appropriate reinvestment of the | 2890 |
qualified investment pursuant to the requirements of division | 2891 |
(A)(1)(d) of this section. To qualify for a certificate, an | 2892 |
eligible investor must satisfy both of the following, subject to | 2893 |
the limitation on the amount of qualifying investments for which | 2894 |
certificates may be issued under division (C) of this section: | 2895 |
(1) The eligible investor makes a qualifying investment on or | 2896 |
after July 1, 2011. | 2897 |
(2) The eligible investor pledges not to sell or otherwise | 2898 |
dispose of the qualifying investment before the conclusion of the | 2899 |
applicable holding period. | 2900 |
(C)(1) The amount of any eligible investor's qualifying | 2901 |
investments for which small business investment certificates may | 2902 |
be issued for a fiscal biennium shall not exceed ten million | 2903 |
dollars. | 2904 |
(2) The director of development services shall not issue a | 2905 |
small business investment certificate to an eligible investor | 2906 |
representing an amount of qualifying investment in excess of the | 2907 |
amount of the intended investment indicated on the investor's | 2908 |
application for the certificate. | 2909 |
(3) The director of development services shall not issue | 2910 |
small business investment certificates in a total amount that | 2911 |
would cause the tax credits claimed in any fiscal biennium to | 2912 |
exceed one hundred million dollars. | 2913 |
(4) The director of development services may issue a small | 2914 |
business investment certificate only if both of the following | 2915 |
apply at the time of issuance: | 2916 |
(a) The small business enterprise meets all the requirements | 2917 |
listed in divisions (A)(1)(a)(i) to (iv) of this section; | 2918 |
(b) The eligible investor does not owe any outstanding tax or | 2919 |
other liability to the state. | 2920 |
(D) Before the end of the applicable holding period of a | 2921 |
qualifying investment, each enterprise in which a qualifying | 2922 |
investment was made for which a small business investment | 2923 |
certificate has been issued, upon the request of the director of | 2924 |
development services, shall provide to the director records or | 2925 |
other evidence satisfactory to the director that the enterprise is | 2926 |
a small business enterprise for the purposes of this section. Each | 2927 |
enterprise shall also provide to the director records or evidence | 2928 |
regarding the number of jobs created or retained in the state. No | 2929 |
credit may be claimed under this section and section 5747.81 of | 2930 |
the Revised Code if the director finds that an enterprise is not a | 2931 |
small business enterprise for the purposes of this section. The | 2932 |
director shall compile and maintain a register of small business | 2933 |
enterprises qualifying under this section and shall certify the | 2934 |
register to the tax commissioner. The director shall also compile | 2935 |
and maintain a record of the number of jobs created or retained as | 2936 |
a result of qualifying investments made pursuant to this section. | 2937 |
(E) After the conclusion of the applicable holding period for | 2938 |
a qualifying investment, a person to whom a small business | 2939 |
investment certificate has been issued under this section may | 2940 |
claim a credit as provided under section 5747.81 of the Revised | 2941 |
Code. | 2942 |
(F) The director of development services, in consultation | 2943 |
with the tax commissioner, may adopt rules for the administration | 2944 |
of this section, including rules governing the following: | 2945 |
(1) Documents, records, or other information eligible | 2946 |
investors shall provide to the director; | 2947 |
(2) Any information a small business enterprise shall provide | 2948 |
for the purposes of this section and section 5747.81 of the | 2949 |
Revised Code; | 2950 |
(3) Determination of the number of full-time equivalent | 2951 |
employees of a small business enterprise; | 2952 |
(4) Verification of a small business enterprise's investment | 2953 |
in tangible personal property and intangible personal property | 2954 |
under division (A)(1) | 2955 |
investments have been made and where the property is used in | 2956 |
business; | 2957 |
(5) Circumstances under which small business enterprises or | 2958 |
eligible investors may be subverting the purposes of this section | 2959 |
and section 5747.81 of the Revised Code. | 2960 |
There is hereby created in the state treasury the InvestOhio | 2961 |
support fund. The fund shall consist of the fees paid under | 2962 |
division (B) of this section and shall be used by the development | 2963 |
services agency to pay the costs of administering the small | 2964 |
business investment certificate program established under this | 2965 |
section. | 2966 |
Sec. 122.97. (A) The business development and assistance | 2967 |
fund is hereby created in the state treasury. Investment earnings | 2968 |
on moneys in the fund shall be credited to the fund. The | 2969 |
development services agency shall deposit any money it receives | 2970 |
for business development services and business assistance services | 2971 |
to the credit of the fund, including: | 2972 |
(1) Reimbursements for services provided for business | 2973 |
development and business assistance services; | 2974 |
(2) Contract or grant payments from private entities; | 2975 |
(3) Donations or sponsorship payments from private entities; | 2976 |
(4) Contract or grant payments from public agencies or | 2977 |
political subdivisions. | 2978 |
(B) The agency shall use money in the fund for any agency | 2979 |
operating purposes or programs providing business support or | 2980 |
business assistance, including grants, loans, or administrative | 2981 |
expenses. | 2982 |
Sec. 149.43. (A) As used in this section: | 2983 |
(1) "Public record" means records kept by any public office, | 2984 |
including, but not limited to, state, county, city, village, | 2985 |
township, and school district units, and records pertaining to the | 2986 |
delivery of educational services by an alternative school in this | 2987 |
state kept by the nonprofit or for-profit entity operating the | 2988 |
alternative school pursuant to section 3313.533 of the Revised | 2989 |
Code. "Public record" does not mean any of the following: | 2990 |
(a) Medical records; | 2991 |
(b) Records pertaining to probation and parole proceedings or | 2992 |
to proceedings related to the imposition of community control | 2993 |
sanctions and post-release control sanctions; | 2994 |
(c) Records pertaining to actions under section 2151.85 and | 2995 |
division (C) of section 2919.121 of the Revised Code and to | 2996 |
appeals of actions arising under those sections; | 2997 |
(d) Records pertaining to adoption proceedings, including the | 2998 |
contents of an adoption file maintained by the department of | 2999 |
health under section 3705.12 of the Revised Code; | 3000 |
(e) Information in a record contained in the putative father | 3001 |
registry established by section 3107.062 of the Revised Code, | 3002 |
regardless of whether the information is held by the department of | 3003 |
job and family services or, pursuant to section 3111.69 of the | 3004 |
Revised Code, the office of child support in the department or a | 3005 |
child support enforcement agency; | 3006 |
(f) Records listed in division (A) of section 3107.42 of the | 3007 |
Revised Code or specified in division (A) of section 3107.52 of | 3008 |
the Revised Code; | 3009 |
(g) Trial preparation records; | 3010 |
(h) Confidential law enforcement investigatory records; | 3011 |
(i) Records containing information that is confidential under | 3012 |
section 2710.03 or 4112.05 of the Revised Code; | 3013 |
(j) DNA records stored in the DNA database pursuant to | 3014 |
section 109.573 of the Revised Code; | 3015 |
(k) Inmate records released by the department of | 3016 |
rehabilitation and correction to the department of youth services | 3017 |
or a court of record pursuant to division (E) of section 5120.21 | 3018 |
of the Revised Code; | 3019 |
(l) Records maintained by the department of youth services | 3020 |
pertaining to children in its custody released by the department | 3021 |
of youth services to the department of rehabilitation and | 3022 |
correction pursuant to section 5139.05 of the Revised Code; | 3023 |
(m) Intellectual property records; | 3024 |
(n) Donor profile records; | 3025 |
(o) Records maintained by the department of job and family | 3026 |
services pursuant to section 3121.894 of the Revised Code; | 3027 |
(p) Peace officer, parole officer, probation officer, | 3028 |
bailiff, prosecuting attorney, assistant prosecuting attorney, | 3029 |
correctional employee, youth services employee, firefighter, EMT, | 3030 |
or investigator of the bureau of criminal identification and | 3031 |
investigation residential and familial information; | 3032 |
(q) In the case of a county hospital operated pursuant to | 3033 |
Chapter 339. of the Revised Code or a municipal hospital operated | 3034 |
pursuant to Chapter 749. of the Revised Code, information that | 3035 |
constitutes a trade secret, as defined in section 1333.61 of the | 3036 |
Revised Code; | 3037 |
(r) Information pertaining to the recreational activities of | 3038 |
a person under the age of eighteen; | 3039 |
(s) Records provided to, statements made by review board | 3040 |
members during meetings of, and all work products of a child | 3041 |
fatality review board acting under sections 307.621 to 307.629 of | 3042 |
the Revised Code, and child fatality review data submitted by the | 3043 |
child fatality review board to the department of health or a | 3044 |
national child death review database, other than the report | 3045 |
prepared pursuant to division (A) of section 307.626 of the | 3046 |
Revised Code; | 3047 |
(t) Records provided to and statements made by the executive | 3048 |
director of a public children services agency or a prosecuting | 3049 |
attorney acting pursuant to section 5153.171 of the Revised Code | 3050 |
other than the information released under that section; | 3051 |
(u) Test materials, examinations, or evaluation tools used in | 3052 |
an examination for licensure as a nursing home administrator that | 3053 |
the board of examiners of nursing home administrators administers | 3054 |
under section 4751.04 of the Revised Code or contracts under that | 3055 |
section with a private or government entity to administer; | 3056 |
(v) Records the release of which is prohibited by state or | 3057 |
federal law; | 3058 |
(w) Proprietary information of or relating to any person that | 3059 |
is submitted to or compiled by the Ohio venture capital authority | 3060 |
created under section 150.01 of the Revised Code; | 3061 |
(x) Information reported and evaluations conducted pursuant | 3062 |
to section 3701.072 of the Revised Code; | 3063 |
(y) Financial statements and data any person submits for any | 3064 |
purpose to the Ohio housing finance agency or the controlling | 3065 |
board in connection with applying for, receiving, or accounting | 3066 |
for financial assistance from the agency, and information that | 3067 |
identifies any individual who benefits directly or indirectly from | 3068 |
financial assistance from the agency; | 3069 |
(z) Records listed in section 5101.29 of the Revised Code; | 3070 |
(aa) Discharges recorded with a county recorder under section | 3071 |
317.24 of the Revised Code, as specified in division (B)(2) of | 3072 |
that section; | 3073 |
(bb) Usage information including names and addresses of | 3074 |
specific residential and commercial customers of a municipally | 3075 |
owned or operated public utility; | 3076 |
(cc) Records described in division (C) of section 187.04 of | 3077 |
the Revised Code that are not designated to be made available to | 3078 |
the public as provided in that division. | 3079 |
(2) "Confidential law enforcement investigatory record" means | 3080 |
any record that pertains to a law enforcement matter of a | 3081 |
criminal, quasi-criminal, civil, or administrative nature, but | 3082 |
only to the extent that the release of the record would create a | 3083 |
high probability of disclosure of any of the following: | 3084 |
(a) The identity of a suspect who has not been charged with | 3085 |
the offense to which the record pertains, or of an information | 3086 |
source or witness to whom confidentiality has been reasonably | 3087 |
promised; | 3088 |
(b) Information provided by an information source or witness | 3089 |
to whom confidentiality has been reasonably promised, which | 3090 |
information would reasonably tend to disclose the source's or | 3091 |
witness's identity; | 3092 |
(c) Specific confidential investigatory techniques or | 3093 |
procedures or specific investigatory work product; | 3094 |
(d) Information that would endanger the life or physical | 3095 |
safety of law enforcement personnel, a crime victim, a witness, or | 3096 |
a confidential information source. | 3097 |
(3) "Medical record" means any document or combination of | 3098 |
documents, except births, deaths, and the fact of admission to or | 3099 |
discharge from a hospital, that pertains to the medical history, | 3100 |
diagnosis, prognosis, or medical condition of a patient and that | 3101 |
is generated and maintained in the process of medical treatment. | 3102 |
(4) "Trial preparation record" means any record that contains | 3103 |
information that is specifically compiled in reasonable | 3104 |
anticipation of, or in defense of, a civil or criminal action or | 3105 |
proceeding, including the independent thought processes and | 3106 |
personal trial preparation of an attorney. | 3107 |
(5) "Intellectual property record" means a record, other than | 3108 |
a financial or administrative record, that is produced or | 3109 |
collected by or for faculty or staff of a state institution of | 3110 |
higher learning in the conduct of or as a result of study or | 3111 |
research on an educational, commercial, scientific, artistic, | 3112 |
technical, or scholarly issue, regardless of whether the study or | 3113 |
research was sponsored by the institution alone or in conjunction | 3114 |
with a governmental body or private concern, and that has not been | 3115 |
publicly released, published, or patented. | 3116 |
(6) "Donor profile record" means all records about donors or | 3117 |
potential donors to a public institution of higher education | 3118 |
except the names and reported addresses of the actual donors and | 3119 |
the date, amount, and conditions of the actual donation. | 3120 |
(7) "Peace officer, parole officer, probation officer, | 3121 |
bailiff, prosecuting attorney, assistant prosecuting attorney, | 3122 |
correctional employee, youth services employee, firefighter, EMT, | 3123 |
or investigator of the bureau of criminal identification and | 3124 |
investigation residential and familial information" means any | 3125 |
information that discloses any of the following about a peace | 3126 |
officer, parole officer, probation officer, bailiff, prosecuting | 3127 |
attorney, assistant prosecuting attorney, correctional employee, | 3128 |
youth services employee, firefighter, EMT, or investigator of the | 3129 |
bureau of criminal identification and investigation: | 3130 |
(a) The address of the actual personal residence of a peace | 3131 |
officer, parole officer, probation officer, bailiff, assistant | 3132 |
prosecuting attorney, correctional employee, youth services | 3133 |
employee, firefighter, EMT, or an investigator of the bureau of | 3134 |
criminal identification and investigation, except for the state or | 3135 |
political subdivision in which the peace officer, parole officer, | 3136 |
probation officer, bailiff, assistant prosecuting attorney, | 3137 |
correctional employee, youth services employee, firefighter, EMT, | 3138 |
or investigator of the bureau of criminal identification and | 3139 |
investigation resides; | 3140 |
(b) Information compiled from referral to or participation in | 3141 |
an employee assistance program; | 3142 |
(c) The social security number, the residential telephone | 3143 |
number, any bank account, debit card, charge card, or credit card | 3144 |
number, or the emergency telephone number of, or any medical | 3145 |
information pertaining to, a peace officer, parole officer, | 3146 |
probation officer, bailiff, prosecuting attorney, assistant | 3147 |
prosecuting attorney, correctional employee, youth services | 3148 |
employee, firefighter, EMT, or investigator of the bureau of | 3149 |
criminal identification and investigation; | 3150 |
(d) The name of any beneficiary of employment benefits, | 3151 |
including, but not limited to, life insurance benefits, provided | 3152 |
to a peace officer, parole officer, probation officer, bailiff, | 3153 |
prosecuting attorney, assistant prosecuting attorney, correctional | 3154 |
employee, youth services employee, firefighter, EMT, or | 3155 |
investigator of the bureau of criminal identification and | 3156 |
investigation by the peace officer's, parole officer's, probation | 3157 |
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; | 3161 |
(e) The identity and amount of any charitable or employment | 3162 |
benefit deduction made by the peace officer's, parole officer's, | 3163 |
probation officer's, bailiff's, prosecuting attorney's, assistant | 3164 |
prosecuting attorney's, correctional employee's, youth services | 3165 |
employee's, firefighter's, EMT's, or investigator of the bureau of | 3166 |
criminal identification and investigation's employer from the | 3167 |
peace officer's, parole officer's, probation officer's, bailiff's, | 3168 |
prosecuting attorney's, assistant prosecuting attorney's, | 3169 |
correctional employee's, youth services employee's, firefighter's, | 3170 |
EMT's, or investigator of the bureau of criminal identification | 3171 |
and investigation's compensation unless the amount of the | 3172 |
deduction is required by state or federal law; | 3173 |
(f) The name, the residential address, the name of the | 3174 |
employer, the address of the employer, the social security number, | 3175 |
the residential telephone number, any bank account, debit card, | 3176 |
charge card, or credit card number, or the emergency telephone | 3177 |
number of the spouse, a former spouse, or any child of a peace | 3178 |
officer, parole officer, probation officer, bailiff, prosecuting | 3179 |
attorney, assistant prosecuting attorney, correctional employee, | 3180 |
youth services employee, firefighter, EMT, or investigator of the | 3181 |
bureau of criminal identification and investigation; | 3182 |
(g) A photograph of a peace officer who holds a position or | 3183 |
has an assignment that may include undercover or plain clothes | 3184 |
positions or assignments as determined by the peace officer's | 3185 |
appointing authority. | 3186 |
As used in divisions (A)(7) and (B)(9) of this section, | 3187 |
"peace officer" has the same meaning as in section 109.71 of the | 3188 |
Revised Code and also includes the superintendent and troopers of | 3189 |
the state highway patrol; it does not include the sheriff of a | 3190 |
county or a supervisory employee who, in the absence of the | 3191 |
sheriff, is authorized to stand in for, exercise the authority of, | 3192 |
and perform the duties of the sheriff. | 3193 |
As used in divisions (A)(7) and (B)(5) of this section, | 3194 |
"correctional employee" means any employee of the department of | 3195 |
rehabilitation and correction who in the course of performing the | 3196 |
employee's job duties has or has had contact with inmates and | 3197 |
persons under supervision. | 3198 |
As used in divisions (A)(7) and (B)(5) of this section, | 3199 |
"youth services employee" means any employee of the department of | 3200 |
youth services who in the course of performing the employee's job | 3201 |
duties has or has had contact with children committed to the | 3202 |
custody of the department of youth services. | 3203 |
As used in divisions (A)(7) and (B)(9) of this section, | 3204 |
"firefighter" means any regular, paid or volunteer, member of a | 3205 |
lawfully constituted fire department of a municipal corporation, | 3206 |
township, fire district, or village. | 3207 |
As used in divisions (A)(7) and (B)(9) of this section, "EMT" | 3208 |
means EMTs-basic, EMTs-I, and paramedics that provide emergency | 3209 |
medical services for a public emergency medical service | 3210 |
organization. "Emergency medical service organization," | 3211 |
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in | 3212 |
section 4765.01 of the Revised Code. | 3213 |
As used in divisions (A)(7) and (B)(9) of this section, | 3214 |
"investigator of the bureau of criminal identification and | 3215 |
investigation" has the meaning defined in section 2903.11 of the | 3216 |
Revised Code. | 3217 |
(8) "Information pertaining to the recreational activities of | 3218 |
a person under the age of eighteen" means information that is kept | 3219 |
in the ordinary course of business by a public office, that | 3220 |
pertains to the recreational activities of a person under the age | 3221 |
of eighteen years, and that discloses any of the following: | 3222 |
(a) The address or telephone number of a person under the age | 3223 |
of eighteen or the address or telephone number of that person's | 3224 |
parent, guardian, custodian, or emergency contact person; | 3225 |
(b) The social security number, birth date, or photographic | 3226 |
image of a person under the age of eighteen; | 3227 |
(c) Any medical record, history, or information pertaining to | 3228 |
a person under the age of eighteen; | 3229 |
(d) Any additional information sought or required about a | 3230 |
person under the age of eighteen for the purpose of allowing that | 3231 |
person to participate in any recreational activity conducted or | 3232 |
sponsored by a public office or to use or obtain admission | 3233 |
privileges to any recreational facility owned or operated by a | 3234 |
public office. | 3235 |
(9) "Community control sanction" has the same meaning as in | 3236 |
section 2929.01 of the Revised Code. | 3237 |
(10) "Post-release control sanction" has the same meaning as | 3238 |
in section 2967.01 of the Revised Code. | 3239 |
(11) "Redaction" means obscuring or deleting any information | 3240 |
that is exempt from the duty to permit public inspection or | 3241 |
copying from an item that otherwise meets the definition of a | 3242 |
"record" in section 149.011 of the Revised Code. | 3243 |
(12) "Designee" and "elected official" have the same meanings | 3244 |
as in section 109.43 of the Revised Code. | 3245 |
(B)(1) Upon request and subject to division (B)(8) of this | 3246 |
section, all public records responsive to the request shall be | 3247 |
promptly prepared and made available for inspection to any person | 3248 |
at all reasonable times during regular business hours. Subject to | 3249 |
division (B)(8) of this section, upon request, a public office or | 3250 |
person responsible for public records shall make copies of the | 3251 |
requested public record available at cost and within a reasonable | 3252 |
period of time. If a public record contains information that is | 3253 |
exempt from the duty to permit public inspection or to copy the | 3254 |
public record, the public office or the person responsible for the | 3255 |
public record shall make available all of the information within | 3256 |
the public record that is not exempt. When making that public | 3257 |
record available for public inspection or copying that public | 3258 |
record, the public office or the person responsible for the public | 3259 |
record shall notify the requester of any redaction or make the | 3260 |
redaction plainly visible. A redaction shall be deemed a denial of | 3261 |
a request to inspect or copy the redacted information, except if | 3262 |
federal or state law authorizes or requires a public office to | 3263 |
make the redaction. | 3264 |
(2) To facilitate broader access to public records, a public | 3265 |
office or the person responsible for public records shall organize | 3266 |
and maintain public records in a manner that they can be made | 3267 |
available for inspection or copying in accordance with division | 3268 |
(B) of this section. A public office also shall have available a | 3269 |
copy of its current records retention schedule at a location | 3270 |
readily available to the public. If a requester makes an ambiguous | 3271 |
or overly broad request or has difficulty in making a request for | 3272 |
copies or inspection of public records under this section such | 3273 |
that the public office or the person responsible for the requested | 3274 |
public record cannot reasonably identify what public records are | 3275 |
being requested, the public office or the person responsible for | 3276 |
the requested public record may deny the request but shall provide | 3277 |
the requester with an opportunity to revise the request by | 3278 |
informing the requester of the manner in which records are | 3279 |
maintained by the public office and accessed in the ordinary | 3280 |
course of the public office's or person's duties. | 3281 |
(3) If a request is ultimately denied, in part or in whole, | 3282 |
the public office or the person responsible for the requested | 3283 |
public record shall provide the requester with an explanation, | 3284 |
including legal authority, setting forth why the request was | 3285 |
denied. If the initial request was provided in writing, the | 3286 |
explanation also shall be provided to the requester in writing. | 3287 |
The explanation shall not preclude the public office or the person | 3288 |
responsible for the requested public record from relying upon | 3289 |
additional reasons or legal authority in defending an action | 3290 |
commenced under division (C) of this section. | 3291 |
(4) Unless specifically required or authorized by state or | 3292 |
federal law or in accordance with division (B) of this section, no | 3293 |
public office or person responsible for public records may limit | 3294 |
or condition the availability of public records by requiring | 3295 |
disclosure of the requester's identity or the intended use of the | 3296 |
requested public record. Any requirement that the requester | 3297 |
disclose the requestor's identity or the intended use of the | 3298 |
requested public record constitutes a denial of the request. | 3299 |
(5) A public office or person responsible for public records | 3300 |
may ask a requester to make the request in writing, may ask for | 3301 |
the requester's identity, and may inquire about the intended use | 3302 |
of the information requested, but may do so only after disclosing | 3303 |
to the requester that a written request is not mandatory and that | 3304 |
the requester may decline to reveal the requester's identity or | 3305 |
the intended use and when a written request or disclosure of the | 3306 |
identity or intended use would benefit the requester by enhancing | 3307 |
the ability of the public office or person responsible for public | 3308 |
records to identify, locate, or deliver the public records sought | 3309 |
by the requester. | 3310 |
(6) If any person chooses to obtain a copy of a public record | 3311 |
in accordance with division (B) of this section, the public office | 3312 |
or person responsible for the public record may require that | 3313 |
person to pay in advance the cost involved in providing the copy | 3314 |
of the public record in accordance with the choice made by the | 3315 |
person seeking the copy under this division. The public office or | 3316 |
the person responsible for the public record shall permit that | 3317 |
person to choose to have the public record duplicated upon paper, | 3318 |
upon the same medium upon which the public office or person | 3319 |
responsible for the public record keeps it, or upon any other | 3320 |
medium upon which the public office or person responsible for the | 3321 |
public record determines that it reasonably can be duplicated as | 3322 |
an integral part of the normal operations of the public office or | 3323 |
person responsible for the public record. When the person seeking | 3324 |
the copy makes a choice under this division, the public office or | 3325 |
person responsible for the public record shall provide a copy of | 3326 |
it in accordance with the choice made by the person seeking the | 3327 |
copy. Nothing in this section requires a public office or person | 3328 |
responsible for the public record to allow the person seeking a | 3329 |
copy of the public record to make the copies of the public record. | 3330 |
(7) Upon a request made in accordance with division (B) of | 3331 |
this section and subject to division (B)(6) of this section, a | 3332 |
public office or person responsible for public records shall | 3333 |
transmit a copy of a public record to any person by United States | 3334 |
mail or by any other means of delivery or transmission within a | 3335 |
reasonable period of time after receiving the request for the | 3336 |
copy. The public office or person responsible for the public | 3337 |
record may require the person making the request to pay in advance | 3338 |
the cost of postage if the copy is transmitted by United States | 3339 |
mail or the cost of delivery if the copy is transmitted other than | 3340 |
by United States mail, and to pay in advance the costs incurred | 3341 |
for other supplies used in the mailing, delivery, or transmission. | 3342 |
Any public office may adopt a policy and procedures that it | 3343 |
will follow in transmitting, within a reasonable period of time | 3344 |
after receiving a request, copies of public records by United | 3345 |
States mail or by any other means of delivery or transmission | 3346 |
pursuant to this division. A public office that adopts a policy | 3347 |
and procedures under this division shall comply with them in | 3348 |
performing its duties under this division. | 3349 |
In any policy and procedures adopted under this division, a | 3350 |
public office may limit the number of records requested by a | 3351 |
person that the office will transmit by United States mail to ten | 3352 |
per month, unless the person certifies to the office in writing | 3353 |
that the person does not intend to use or forward the requested | 3354 |
records, or the information contained in them, for commercial | 3355 |
purposes. For purposes of this division, "commercial" shall be | 3356 |
narrowly construed and does not include reporting or gathering | 3357 |
news, reporting or gathering information to assist citizen | 3358 |
oversight or understanding of the operation or activities of | 3359 |
government, or nonprofit educational research. | 3360 |
(8) A public office or person responsible for public records | 3361 |
is not required to permit a person who is incarcerated pursuant to | 3362 |
a criminal conviction or a juvenile adjudication to inspect or to | 3363 |
obtain a copy of any public record concerning a criminal | 3364 |
investigation or prosecution or concerning what would be a | 3365 |
criminal investigation or prosecution if the subject of the | 3366 |
investigation or prosecution were an adult, unless the request to | 3367 |
inspect or to obtain a copy of the record is for the purpose of | 3368 |
acquiring information that is subject to release as a public | 3369 |
record under this section and the judge who imposed the sentence | 3370 |
or made the adjudication with respect to the person, or the | 3371 |
judge's successor in office, finds that the information sought in | 3372 |
the public record is necessary to support what appears to be a | 3373 |
justiciable claim of the person. | 3374 |
(9)(a) Upon written request made and signed by a journalist | 3375 |
on or after December 16, 1999, a public office, or person | 3376 |
responsible for public records, having custody of the records of | 3377 |
the agency employing a specified peace officer, parole officer, | 3378 |
probation officer, bailiff, prosecuting attorney, assistant | 3379 |
prosecuting attorney, correctional employee, youth services | 3380 |
employee, firefighter, EMT, or investigator of the bureau of | 3381 |
criminal identification and investigation shall disclose to the | 3382 |
journalist the address of the actual personal residence of the | 3383 |
peace officer, parole officer, probation officer, bailiff, | 3384 |
prosecuting attorney, assistant prosecuting attorney, correctional | 3385 |
employee, youth services employee, firefighter, EMT, or | 3386 |
investigator of the bureau of criminal identification and | 3387 |
investigation and, if the peace officer's, parole officer's, | 3388 |
probation 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 is employed by a public office, the name and address of | 3393 |
the employer of the peace officer's, parole officer's, probation | 3394 |
officer's, bailiff's, prosecuting attorney's, assistant | 3395 |
prosecuting attorney's, correctional employee's, youth services | 3396 |
employee's, firefighter's, EMT's, or investigator of the bureau of | 3397 |
criminal identification and investigation's spouse, former spouse, | 3398 |
or child. The request shall include the journalist's name and | 3399 |
title and the name and address of the journalist's employer and | 3400 |
shall state that disclosure of the information sought would be in | 3401 |
the public interest. | 3402 |
(b) Division (B)(9)(a) of this section also applies to | 3403 |
journalist requests for customer information maintained by a | 3404 |
municipally owned or operated public utility, other than social | 3405 |
security numbers and any private financial information such as | 3406 |
credit reports, payment methods, credit card numbers, and bank | 3407 |
account information. | 3408 |
(c) As used in division (B)(9) of this section, "journalist" | 3409 |
means a person engaged in, connected with, or employed by any news | 3410 |
medium, including a newspaper, magazine, press association, news | 3411 |
agency, or wire service, a radio or television station, or a | 3412 |
similar medium, for the purpose of gathering, processing, | 3413 |
transmitting, compiling, editing, or disseminating information for | 3414 |
the general public. | 3415 |
(C)(1) If a person allegedly is aggrieved by the failure of a | 3416 |
public office or the person responsible for public records to | 3417 |
promptly prepare a public record and to make it available to the | 3418 |
person for inspection in accordance with division (B) of this | 3419 |
section or by any other failure of a public office or the person | 3420 |
responsible for public records to comply with an obligation in | 3421 |
accordance with division (B) of this section, the person allegedly | 3422 |
aggrieved may commence a mandamus action to obtain a judgment that | 3423 |
orders the public office or the person responsible for the public | 3424 |
record to comply with division (B) of this section, that awards | 3425 |
court costs and reasonable attorney's fees to the person that | 3426 |
instituted the mandamus action, and, if applicable, that includes | 3427 |
an order fixing statutory damages under division (C)(1) of this | 3428 |
section. The mandamus action may be commenced in the court of | 3429 |
common pleas of the county in which division (B) of this section | 3430 |
allegedly was not complied with, in the supreme court pursuant to | 3431 |
its original jurisdiction under Section 2 of Article IV, Ohio | 3432 |
Constitution, or in the court of appeals for the appellate | 3433 |
district in which division (B) of this section allegedly was not | 3434 |
complied with pursuant to its original jurisdiction under Section | 3435 |
3 of Article IV, Ohio Constitution. | 3436 |
If a requestor transmits a written request by hand delivery | 3437 |
or certified mail to inspect or receive copies of any public | 3438 |
record in a manner that fairly describes the public record or | 3439 |
class of public records to the public office or person responsible | 3440 |
for the requested public records, except as otherwise provided in | 3441 |
this section, the requestor shall be entitled to recover the | 3442 |
amount of statutory damages set forth in this division if a court | 3443 |
determines that the public office or the person responsible for | 3444 |
public records failed to comply with an obligation in accordance | 3445 |
with division (B) of this section. | 3446 |
The amount of statutory damages shall be fixed at one hundred | 3447 |
dollars for each business day during which the public office or | 3448 |
person responsible for the requested public records failed to | 3449 |
comply with an obligation in accordance with division (B) of this | 3450 |
section, beginning with the day on which the requester files a | 3451 |
mandamus action to recover statutory damages, up to a maximum of | 3452 |
one thousand dollars. The award of statutory damages shall not be | 3453 |
construed as a penalty, but as compensation for injury arising | 3454 |
from lost use of the requested information. The existence of this | 3455 |
injury shall be conclusively presumed. The award of statutory | 3456 |
damages shall be in addition to all other remedies authorized by | 3457 |
this section. | 3458 |
The court may reduce an award of statutory damages or not | 3459 |
award statutory damages if the court determines both of the | 3460 |
following: | 3461 |
(a) That, based on the ordinary application of statutory law | 3462 |
and case law as it existed at the time of the conduct or | 3463 |
threatened conduct of the public office or person responsible for | 3464 |
the requested public records that allegedly constitutes a failure | 3465 |
to comply with an obligation in accordance with division (B) of | 3466 |
this section and that was the basis of the mandamus action, a | 3467 |
well-informed public office or person responsible for the | 3468 |
requested public records reasonably would believe that the conduct | 3469 |
or threatened conduct of the public office or person responsible | 3470 |
for the requested public records did not constitute a failure to | 3471 |
comply with an obligation in accordance with division (B) of this | 3472 |
section; | 3473 |
(b) That a well-informed public office or person responsible | 3474 |
for the requested public records reasonably would believe that the | 3475 |
conduct or threatened conduct of the public office or person | 3476 |
responsible for the requested public records would serve the | 3477 |
public policy that underlies the authority that is asserted as | 3478 |
permitting that conduct or threatened conduct. | 3479 |
(2)(a) If the court issues a writ of mandamus that orders the | 3480 |
public office or the person responsible for the public record to | 3481 |
comply with division (B) of this section and determines that the | 3482 |
circumstances described in division (C)(1) of this section exist, | 3483 |
the court shall determine and award to the relator all court | 3484 |
costs. | 3485 |
(b) If the court renders a judgment that orders the public | 3486 |
office or the person responsible for the public record to comply | 3487 |
with division (B) of this section, the court may award reasonable | 3488 |
attorney's fees subject to reduction as described in division | 3489 |
(C)(2)(c) of this section. The court shall award reasonable | 3490 |
attorney's fees, subject to reduction as described in division | 3491 |
(C)(2)(c) of this section when either of the following applies: | 3492 |
(i) The public office or the person responsible for the | 3493 |
public records failed to respond affirmatively or negatively to | 3494 |
the public records request in accordance with the time allowed | 3495 |
under division (B) of this section. | 3496 |
(ii) The public office or the person responsible for the | 3497 |
public records promised to permit the relator to inspect or | 3498 |
receive copies of the public records requested within a specified | 3499 |
period of time but failed to fulfill that promise within that | 3500 |
specified period of time. | 3501 |
(c) Court costs and reasonable attorney's fees awarded under | 3502 |
this section shall be construed as remedial and not punitive. | 3503 |
Reasonable attorney's fees shall include reasonable fees incurred | 3504 |
to produce proof of the reasonableness and amount of the fees and | 3505 |
to otherwise litigate entitlement to the fees. The court may | 3506 |
reduce an award of attorney's fees to the relator or not award | 3507 |
attorney's fees to the relator if the court determines both of the | 3508 |
following: | 3509 |
(i) That, based on the ordinary application of statutory law | 3510 |
and case law as it existed at the time of the conduct or | 3511 |
threatened conduct of the public office or person responsible for | 3512 |
the requested public records that allegedly constitutes a failure | 3513 |
to comply with an obligation in accordance with division (B) of | 3514 |
this section and that was the basis of the mandamus action, a | 3515 |
well-informed public office or person responsible for the | 3516 |
requested public records reasonably would believe that the conduct | 3517 |
or threatened conduct of the public office or person responsible | 3518 |
for the requested public records did not constitute a failure to | 3519 |
comply with an obligation in accordance with division (B) of this | 3520 |
section; | 3521 |
(ii) That a well-informed public office or person responsible | 3522 |
for the requested public records reasonably would believe that the | 3523 |
conduct or threatened conduct of the public office or person | 3524 |
responsible for the requested public records as described in | 3525 |
division (C)(2)(c)(i) of this section would serve the public | 3526 |
policy that underlies the authority that is asserted as permitting | 3527 |
that conduct or threatened conduct. | 3528 |
(D) Chapter 1347. of the Revised Code does not limit the | 3529 |
provisions of this section. | 3530 |
(E)(1) To ensure that all employees of public offices are | 3531 |
appropriately educated about a public office's obligations under | 3532 |
division (B) of this section, all elected officials or their | 3533 |
appropriate designees shall attend training approved by the | 3534 |
attorney general as provided in section 109.43 of the Revised | 3535 |
Code. In addition, all public offices shall adopt a public records | 3536 |
policy in compliance with this section for responding to public | 3537 |
records requests. In adopting a public records policy under this | 3538 |
division, a public office may obtain guidance from the model | 3539 |
public records policy developed and provided to the public office | 3540 |
by the attorney general under section 109.43 of the Revised Code. | 3541 |
Except as otherwise provided in this section, the policy may not | 3542 |
limit the number of public records that the public office will | 3543 |
make available to a single person, may not limit the number of | 3544 |
public records that it will make available during a fixed period | 3545 |
of time, and may not establish a fixed period of time before it | 3546 |
will respond to a request for inspection or copying of public | 3547 |
records, unless that period is less than eight hours. | 3548 |
(2) The public office shall distribute the public records | 3549 |
policy adopted by the public office under division (E)(1) of this | 3550 |
section to the employee of the public office who is the records | 3551 |
custodian or records manager or otherwise has custody of the | 3552 |
records of that office. The public office shall require that | 3553 |
employee to acknowledge receipt of the copy of the public records | 3554 |
policy. The public office shall create a poster that describes its | 3555 |
public records policy and shall post the poster in a conspicuous | 3556 |
place in the public office and in all locations where the public | 3557 |
office has branch offices. The public office may post its public | 3558 |
records policy on the internet web site of the public office if | 3559 |
the public office maintains an internet web site. A public office | 3560 |
that has established a manual or handbook of its general policies | 3561 |
and procedures for all employees of the public office shall | 3562 |
include the public records policy of the public office in the | 3563 |
manual or handbook. | 3564 |
(F)(1) The bureau of motor vehicles may adopt rules pursuant | 3565 |
to Chapter 119. of the Revised Code to reasonably limit the number | 3566 |
of bulk commercial special extraction requests made by a person | 3567 |
for the same records or for updated records during a calendar | 3568 |
year. The rules may include provisions for charges to be made for | 3569 |
bulk commercial special extraction requests for the actual cost of | 3570 |
the bureau, plus special extraction costs, plus ten per cent. The | 3571 |
bureau may charge for expenses for redacting information, the | 3572 |
release of which is prohibited by law. | 3573 |
(2) As used in division (F)(1) of this section: | 3574 |
(a) "Actual cost" means the cost of depleted supplies, | 3575 |
records storage media costs, actual mailing and alternative | 3576 |
delivery costs, or other transmitting costs, and any direct | 3577 |
equipment operating and maintenance costs, including actual costs | 3578 |
paid to private contractors for copying services. | 3579 |
(b) "Bulk commercial special extraction request" means a | 3580 |
request for copies of a record for information in a format other | 3581 |
than the format already available, or information that cannot be | 3582 |
extracted without examination of all items in a records series, | 3583 |
class of records, or data base by a person who intends to use or | 3584 |
forward the copies for surveys, marketing, solicitation, or resale | 3585 |
for commercial purposes. "Bulk commercial special extraction | 3586 |
request" does not include a request by a person who gives | 3587 |
assurance to the bureau that the person making the request does | 3588 |
not intend to use or forward the requested copies for surveys, | 3589 |
marketing, solicitation, or resale for commercial purposes. | 3590 |
(c) "Commercial" means profit-seeking production, buying, or | 3591 |
selling of any good, service, or other product. | 3592 |
(d) "Special extraction costs" means the cost of the time | 3593 |
spent by the lowest paid employee competent to perform the task, | 3594 |
the actual amount paid to outside private contractors employed by | 3595 |
the bureau, or the actual cost incurred to create computer | 3596 |
programs to make the special extraction. "Special extraction | 3597 |
costs" include any charges paid to a public agency for computer or | 3598 |
records services. | 3599 |
(3) For purposes of divisions (F)(1) and (2) of this section, | 3600 |
"surveys, marketing, solicitation, or resale for commercial | 3601 |
purposes" shall be narrowly construed and does not include | 3602 |
reporting or gathering news, reporting or gathering information to | 3603 |
assist citizen oversight or understanding of the operation or | 3604 |
activities of government, or nonprofit educational research. | 3605 |
Sec. 164.05. (A) The director of the Ohio public works | 3606 |
commission shall do all of the following: | 3607 |
(1) Approve requests for financial assistance from district | 3608 |
public works integrating committees and enter into agreements with | 3609 |
one or more local subdivisions to provide loans, grants, and local | 3610 |
debt support and credit enhancements for a capital improvement | 3611 |
project if the director determines that: | 3612 |
(a) The project is an eligible project pursuant to this | 3613 |
chapter; | 3614 |
(b) The financial assistance for the project has been | 3615 |
properly approved and requested by the district committee of the | 3616 |
district which includes the recipient of the loan or grant; | 3617 |
(c) The amount of the financial assistance, when added to all | 3618 |
other financial assistance provided during the fiscal year for | 3619 |
projects within the district, does not exceed that district's | 3620 |
allocation of money from the state capital improvements fund for | 3621 |
that fiscal year; | 3622 |
(d) The district committee has provided such documentation | 3623 |
and other evidence as the director may require that the district | 3624 |
committee has satisfied the requirements of section 164.06 or | 3625 |
164.14 of the Revised Code; | 3626 |
(e) The portion of a district's annual allocation which the | 3627 |
director approves in the form of loans and local debt support and | 3628 |
credit enhancements for eligible projects is consistent with | 3629 |
divisions (E) and (F) of this section. | 3630 |
(2) Authorize payments to local subdivisions or their | 3631 |
contractors for costs incurred for capital improvement projects | 3632 |
which have been approved pursuant to this chapter. All requests | 3633 |
for payments shall be submitted to the director on forms and in | 3634 |
accordance with procedures specified in rules adopted by the | 3635 |
director pursuant to division (A)(4) of this section. | 3636 |
(3) Retain the services of or employ financial consultants, | 3637 |
engineers, accountants, attorneys, and such other employees as the | 3638 |
director determines are necessary to carry out the director's | 3639 |
duties under this chapter and fix the compensation for their | 3640 |
services; | 3641 |
(4) Adopt rules establishing the procedures for making | 3642 |
applications, reviewing, approving, and rejecting projects for | 3643 |
which assistance is authorized under this chapter, and any other | 3644 |
rules needed to implement the provisions of this chapter. Such | 3645 |
rules shall be adopted under Chapter 119. of the Revised Code. | 3646 |
(5) Provide information and other assistance to local | 3647 |
subdivisions and district public works integrating committees in | 3648 |
developing their requests for financial assistance for capital | 3649 |
improvements under this chapter and encourage cooperation and | 3650 |
coordination of requests and the development of multisubdivision | 3651 |
and multidistrict projects in order to maximize the benefits that | 3652 |
may be derived by districts from each year's allocation; | 3653 |
(6) Require local subdivisions, to the extent practicable, to | 3654 |
use Ohio products, materials, services, and labor in connection | 3655 |
with any capital improvement project financed in whole or in part | 3656 |
under this chapter; | 3657 |
(7) Notify the director of budget and management of all | 3658 |
approved projects, and supply all information necessary to track | 3659 |
approved projects through the state accounting system; | 3660 |
(8) Appoint the administrator of the Ohio small government | 3661 |
capital improvements commission; | 3662 |
(9) Do all other acts, enter into contracts, and execute all | 3663 |
instruments necessary or appropriate to carry out this chapter; | 3664 |
(10) Develop a standardized methodology for evaluating | 3665 |
capital improvement needs which will be used by local subdivisions | 3666 |
in preparing the plans required by division (C) of section 164.06 | 3667 |
of the Revised Code. The director shall develop this methodology | 3668 |
not later than July 1, 1991. | 3669 |
(11) Establish a program to provide local subdivisions with | 3670 |
technical assistance in preparing project applications. The | 3671 |
program shall be designed to assist local subdivisions that lack | 3672 |
the financial or technical resources to prepare project | 3673 |
applications on their own. | 3674 |
(B) When the director of the Ohio public works commission | 3675 |
decides to conditionally approve or disapprove projects, the | 3676 |
director's decisions and the reasons for which they are made shall | 3677 |
be made in writing. These written decisions shall be conclusive | 3678 |
for the purposes of the validity and enforceability of such | 3679 |
determinations. | 3680 |
(C) Fees, charges, rates of interest, times of payment of | 3681 |
interest and principal, and other terms, conditions, and | 3682 |
provisions of and security for financial assistance provided | 3683 |
pursuant to the provisions of this chapter shall be such as the | 3684 |
director determines to be appropriate. If any payments required by | 3685 |
a loan agreement entered into pursuant to this chapter are not | 3686 |
paid, the funds which would otherwise be apportioned to the local | 3687 |
subdivision from the county undivided local government fund, | 3688 |
pursuant to sections 5747.51 to 5747.53 of the Revised Code, may, | 3689 |
at the direction of the director of the Ohio public works | 3690 |
commission, be reduced by the amount payable. The county treasurer | 3691 |
shall, at the direction of the director, pay the amount of such | 3692 |
reductions to the state capital improvements revolving loan fund. | 3693 |
The director may renegotiate a loan repayment schedule with a | 3694 |
local subdivision whose payments from the county undivided local | 3695 |
government fund could be reduced pursuant to this division, but | 3696 |
such a renegotiation may occur only one time with respect to any | 3697 |
particular loan agreement. | 3698 |
(D) Grants approved for the repair and replacement of | 3699 |
existing infrastructure pursuant to this chapter shall not exceed | 3700 |
ninety per cent of the estimated total cost of the capital | 3701 |
improvement project. Grants approved for new or expanded | 3702 |
infrastructure shall not exceed fifty per cent of the estimated | 3703 |
cost of the new or expansion elements of the capital improvement | 3704 |
project. A local subdivision share of the estimated cost of a | 3705 |
capital improvement may consist of any of the following: | 3706 |
(1) The reasonable value, as determined by the director or | 3707 |
the administrator, of labor, materials, and equipment that will be | 3708 |
contributed by the local subdivision in performing the capital | 3709 |
improvement project; | 3710 |
(2) Moneys received by the local subdivision in any form from | 3711 |
an authority, commission, or agency of the United States for use | 3712 |
in performing the capital improvement project; | 3713 |
(3) Loans made to the local subdivision under this chapter; | 3714 |
(4) Engineering costs incurred by the local subdivision in | 3715 |
performing engineering activities related to the project. | 3716 |
A local subdivision share of the cost of a capital | 3717 |
improvement shall not include any amounts awarded to it from the | 3718 |
local transportation improvement program fund created in section | 3719 |
164.14 of the Revised Code. | 3720 |
(E) The following portion of a district public works | 3721 |
integrating committee's annual allocation share pursuant to | 3722 |
section 164.08 of the Revised Code may be awarded to subdivisions | 3723 |
only in the form of interest-free, low-interest, market rate of | 3724 |
interest, or blended-rate loans: | 3725 |
YEAR IN WHICH | PORTION USED FOR | 3726 | |||
MONEYS ARE ALLOCATED | LOANS | 3727 | |||
Year 1 | 0% | 3728 | |||
Year 2 | 0% | 3729 | |||
Year 3 | 10% | 3730 | |||
Year 4 | 12% | 3731 | |||
Year 5 | 15% | 3732 | |||
Year 6 | 20% | 3733 | |||
Year 7, 8, 9, and 10 | 22% | 3734 |
(F) The following portion of a district public works | 3735 |
integrating committee's annual allocation pursuant to section | 3736 |
164.08 of the Revised Code shall be awarded to subdivisions in the | 3737 |
form of local debt supported and credit enhancements: | 3738 |
PORTIONS USED FOR | 3739 | ||||
YEAR IN WHICH | LOCAL DEBT SUPPORT | 3740 | |||
MONEYS ARE ALLOCATED | AND CREDIT ENHANCEMENTS | 3741 | |||
Year 1 | 0% | 3742 | |||
Year 2 | 0% | 3743 | |||
Year 3 | 3% | 3744 | |||
Year 4 | 5% | 3745 | |||
Year 5 | 5% | 3746 | |||
Year 6 | 7% | 3747 | |||
Year 7 | 7% | 3748 | |||
Year 8 | 8% | 3749 | |||
Year 9 | 8% | 3750 | |||
Year 10 | 8% | 3751 |
(G) For the period commencing on March 29, 1988 and ending on | 3752 |
June 30, 1993, for the period commencing July 1, 1993, and ending | 3753 |
June 30, 1999, and for each five-year period thereafter, the total | 3754 |
amount of financial assistance awarded under sections 164.01 to | 3755 |
164.08 of the Revised Code for capital improvement projects | 3756 |
located wholly or partially within a county shall be equal to at | 3757 |
least thirty per cent of the amount of what the county would have | 3758 |
been allocated from the obligations authorized to be sold under | 3759 |
this chapter during each period, if such amounts had been | 3760 |
allocable to each county on a per capita basis. | 3761 |
(H) The amount of the annual allocations made pursuant to | 3762 |
divisions (B)(1) and | 3763 |
which can be used for new or expanded infrastructure is limited as | 3764 |
follows: | 3765 |
PORTION WHICH MAY | 3766 | ||||
YEAR IN WHICH | BE USED FOR NEW OR | 3767 | |||
MONEYS ARE ALLOCATED | EXPANSION INFRASTRUCTURE | 3768 | |||
Year 1 | 5% | 3769 | |||
Year 2 | 5% | 3770 | |||
Year 3 | 10% | 3771 | |||
Year 4 | 10% | 3772 | |||
Year 5 | 10% | 3773 | |||
Year 6 | 15% | 3774 | |||
Year 7 | 15% | 3775 | |||
Year 8 | 20% | 3776 | |||
Year 9 | 20% | 3777 | |||
Year 10 and each year | 3778 | ||||
thereafter | 20% | 3779 |
(I) The following portion of a district public works | 3780 |
integrating committee's annual allocation share pursuant to | 3781 |
section 164.08 of the Revised Code shall be awarded to | 3782 |
subdivisions in the form of interest-free, low-interest, market | 3783 |
rate of interest, or blended-rate loans, or local debt support and | 3784 |
credit enhancements: | 3785 |
PORTION USED FOR LOANS | 3786 | ||
YEAR IN WHICH | OR LOCAL DEBT SUPPORT | 3787 | |
MONEYS ARE ALLOCATED | AND CREDIT ENHANCEMENTS | 3788 | |
Year 11 and each year | 3789 | ||
thereafter | 20% | 3790 |
(J) No project shall be approved under this section unless | 3791 |
the project is designed to have a useful life of at least seven | 3792 |
years. In addition, the average useful life of all projects for | 3793 |
which grants or loans are awarded in each district during a | 3794 |
program year shall not be less than twenty years. | 3795 |
Sec. 164.06. (A) Each district public works integrating | 3796 |
committee shall evaluate materials submitted to it by the local | 3797 |
subdivisions located in the district concerning capital | 3798 |
improvements for which assistance is sought from the state capital | 3799 |
improvements fund and shall, pursuant to division (B) of this | 3800 |
section, select the requests for financial assistance that will be | 3801 |
formally submitted by the district to the director of the Ohio | 3802 |
public works commission. In order to provide for the efficient use | 3803 |
of the district's state capital improvements fund allocation each | 3804 |
year, a district committee shall assist its subdivisions in the | 3805 |
preparation and coordination of project plans. | 3806 |
(B) In selecting the requests for assistance for capital | 3807 |
improvement projects which will be submitted to the director, and | 3808 |
in determining the nature, amount, and terms of the assistance | 3809 |
that will be requested, a district public works integrating | 3810 |
committee shall give priority to capital improvement projects for | 3811 |
the repair or replacement of existing infrastructure and which | 3812 |
would be unlikely to be undertaken without assistance under this | 3813 |
chapter, and shall specifically consider all of the following | 3814 |
factors: | 3815 |
(1) The infrastructure repair and replacement needs of the | 3816 |
district; | 3817 |
(2) The age and condition of the system to be repaired or | 3818 |
replaced; | 3819 |
(3) Whether the project would generate revenue in the form of | 3820 |
user fees or assessments; | 3821 |
(4) The importance of the project to the health and safety of | 3822 |
the citizens of the district; | 3823 |
(5) The cost of the project and whether it is consistent with | 3824 |
division (G) of section 164.05 of the Revised Code and the | 3825 |
district's allocation for grants, loans, and local debt support | 3826 |
and credit enhancements for that year; | 3827 |
(6) The effort and ability of the benefited local | 3828 |
subdivisions to assist in financing the project; | 3829 |
(7) The availability of federal or other funds for the | 3830 |
project; | 3831 |
(8) The overall economic health of the particular local | 3832 |
subdivision; | 3833 |
(9) The adequacy of the planning for the project and the | 3834 |
readiness of the applicant to proceed should the project be | 3835 |
approved; | 3836 |
(10) Any other factors relevant to a particular project. | 3837 |
(C) Prior to filing an application with its district public | 3838 |
works integrating committee for assistance in financing a capital | 3839 |
improvement project under this section, a local subdivision shall | 3840 |
conduct a study of its existing capital improvements, the | 3841 |
condition of those improvements, and the projected capital | 3842 |
improvement needs of the subdivision in the ensuing five-year | 3843 |
period. After completing this study, the subdivision shall compile | 3844 |
a report that includes an inventory of its existing capital | 3845 |
improvements, a plan detailing the capital improvement needs of | 3846 |
the subdivision in the ensuing five-year period, and a list of the | 3847 |
subdivision's priorities with respect to addressing those needs. | 3848 |
Each year, the report shall be reviewed and updated by the | 3849 |
subdivision to reflect capital improvement projects undertaken or | 3850 |
completed in the past year and any changes in the subdivision's | 3851 |
plan or priorities. The report and annual updates shall be made | 3852 |
available upon request to the Ohio public works commission, the | 3853 |
Ohio small government capital improvements commission, and the | 3854 |
district public works integrating committee of the district of | 3855 |
which the subdivision is a part. | 3856 |
(D) In addition to reviewing and selecting the projects for | 3857 |
which approval will be sought from the director of the Ohio public | 3858 |
works commission for financial assistance from the state capital | 3859 |
improvements fund, each district public works integrating | 3860 |
committee shall appoint a subcommittee of its members that will | 3861 |
represent the interests of villages and townships and that will | 3862 |
review and select the capital improvement projects which will be | 3863 |
submitted by the subcommittee to the administrator of the Ohio | 3864 |
small government capital improvements commission for consideration | 3865 |
of assistance from the portion of the net proceeds of obligations | 3866 |
issued and sold by the treasurer of state which is allocated | 3867 |
pursuant to division (B)(1) of section 164.08 of the Revised Code. | 3868 |
In reviewing and approving the projects selected by its | 3869 |
subcommittee, the administrator, and the Ohio small government | 3870 |
capital improvements commission shall be guided by the provisions | 3871 |
of division (B) of this section, and shall also take into account | 3872 |
the fact that villages and townships may have different public | 3873 |
infrastructure needs than larger subdivisions. | 3874 |
(E) The district public works integrating committee for each | 3875 |
district that includes at least one county with a population of | 3876 |
less than eighty-five thousand according to the most recent | 3877 |
decennial census shall appoint a subcommittee of its members for | 3878 |
the purposes of the small counties capital improvement program | 3879 |
created under division (F) of section 164.02 of the Revised Code. | 3880 |
The subcommittee shall select and submit to the director the | 3881 |
projects that will be considered for assistance from the money | 3882 |
allocated to the program under division (B) | 3883 |
164.08 of the Revised Code. | 3884 |
Sec. 164.08. (A) Except as provided in sections 151.01 and | 3885 |
151.08 or section 164.09 of the Revised Code, the net proceeds of | 3886 |
obligations issued and sold by the treasurer of state pursuant to | 3887 |
section 164.09 of the Revised Code before September 30, 2000, or | 3888 |
pursuant to sections 151.01 and 151.08 of the Revised Code, for | 3889 |
the purpose of financing or assisting in the financing of the cost | 3890 |
of public infrastructure capital improvement projects of local | 3891 |
subdivisions, as provided for in Section 2k, 2m, or 2p of Article | 3892 |
VIII, Ohio Constitution, and this chapter, shall be paid into the | 3893 |
state capital improvements fund, which is hereby created in the | 3894 |
state treasury. Investment earnings on moneys in the fund shall be | 3895 |
credited to the fund. | 3896 |
(B) Beginning July 1, 2011, each program year the amount of | 3897 |
obligations authorized by the general assembly in accordance with | 3898 |
sections 151.01 and 151.08 or section 164.09 of the Revised Code, | 3899 |
excluding the proceeds of refunding or renewal obligations, shall | 3900 |
be allocated by the director of the Ohio public works commission | 3901 |
as follows: | 3902 |
(1) First, fifteen million dollars of the amount of | 3903 |
obligations authorized shall be allocated to provide financial | 3904 |
assistance to villages and to townships with populations in the | 3905 |
unincorporated areas of the township of less than five thousand | 3906 |
persons, for capital improvements in accordance with section | 3907 |
164.051 and division (D) of section 164.06 of the Revised Code. As | 3908 |
used in division (B)(1) of this section, "capital improvements" | 3909 |
includes resurfacing and improving roads. | 3910 |
(2) Following the allocation required by division (B)(1) of | 3911 |
this section, the director may allocate three million dollars of | 3912 |
the authorized obligations to provide financial assistance to | 3913 |
local subdivisions for capital improvement projects which in the | 3914 |
judgment of the director of the Ohio public works commission are | 3915 |
necessary for the immediate preservation of the health, safety, | 3916 |
and welfare of the citizens of the local subdivision requesting | 3917 |
assistance. | 3918 |
(3) | 3919 |
3920 | |
3921 | |
3922 | |
3923 | |
3924 |
| 3925 |
are authorized and available for allocation under this chapter, | 3926 |
two million dollars each program year shall be allocated to the | 3927 |
small county capital improvement program for use in providing | 3928 |
financial assistance under division (F) of section 164.02 of the | 3929 |
Revised Code. | 3930 |
| 3931 |
3932 | |
of the remaining obligations authorized to be issued and sold that | 3933 |
each county would receive if such amounts were allocated on a per | 3934 |
capita basis each year. If a county's per capita share for the | 3935 |
year would be less than three hundred thousand dollars, the | 3936 |
director shall allocate to the district in which that county is | 3937 |
located an amount equal to the difference between three hundred | 3938 |
thousand dollars and the county's per capita share. | 3939 |
| 3940 |
(B) | 3941 |
remaining amount to each district on a per capita basis. | 3942 |
(C)(1) There is hereby created in the state treasury the | 3943 |
state capital improvements revolving loan fund, into which shall | 3944 |
be deposited all repayments of loans made to local subdivisions | 3945 |
for capital improvements pursuant to this chapter. Investment | 3946 |
earnings on moneys in the fund shall be credited to the fund. | 3947 |
(2) There may also be deposited in the state capital | 3948 |
improvements revolving loan fund moneys obtained from federal or | 3949 |
private grants, or from other sources, which are to be used for | 3950 |
any of the purposes authorized by this chapter. Such moneys shall | 3951 |
be allocated each year in accordance with division (B) | 3952 |
this section. | 3953 |
(3) Moneys deposited into the state capital improvements | 3954 |
revolving loan fund shall be used to make loans for the purpose of | 3955 |
financing or assisting in the financing of the cost of capital | 3956 |
improvement projects of local subdivisions. | 3957 |
(4) Investment earnings credited to the state capital | 3958 |
improvements revolving loan fund that exceed the amounts required | 3959 |
to meet estimated federal arbitrage rebate requirements shall be | 3960 |
used to pay costs incurred by the public works commission in | 3961 |
administering this section. Investment earnings credited to the | 3962 |
state capital improvements revolving loan fund that exceed the | 3963 |
amounts required to pay for the administrative costs and estimated | 3964 |
rebate requirements shall be allocated to each district on a per | 3965 |
capita basis. | 3966 |
(5) Each program year, loan repayments received and on | 3967 |
deposit in the state capital improvements revolving loan fund | 3968 |
shall be allocated as follows: | 3969 |
(a) Each district public works integrating committee shall be | 3970 |
allocated an amount equal to the sum of all loan repayments made | 3971 |
to the state capital improvements revolving loan fund by local | 3972 |
subdivisions that are part of the district. Moneys not used in a | 3973 |
program year may be used in the next program year in the same | 3974 |
manner and for the same purpose as originally allocated. | 3975 |
(b) Loan repayments made pursuant to projects approved under | 3976 |
division (B)(1) of this section shall be used to make loans in | 3977 |
accordance with section 164.051 and division (D) of section 164.06 | 3978 |
of the Revised Code. Allocations for this purpose made pursuant to | 3979 |
division (C)(5) of this section shall be in addition to the | 3980 |
allocation provided in division (B)(1) of this section. | 3981 |
(c) Loan repayments made pursuant to projects approved under | 3982 |
division (B)(2) of this section shall be used to make loans in | 3983 |
accordance with division (B)(2) of this section. Allocations for | 3984 |
this purpose made pursuant to division (C)(5) of this section | 3985 |
shall be in addition to the allocation provided in division (B)(2) | 3986 |
of this section. | 3987 |
(d) Loans made from the state capital improvements revolving | 3988 |
loan fund shall not be limited in their usage by divisions (E), | 3989 |
(F), (G), (H), and (I) of section 164.05 of the Revised Code. | 3990 |
(D) Investment earnings credited to the state capital | 3991 |
improvements fund that exceed the amounts required to meet | 3992 |
estimated federal arbitrage rebate requirements shall be used to | 3993 |
pay costs incurred by the public works commission in administering | 3994 |
sections 164.01 to 164.12 of the Revised Code. | 3995 |
(E) The director of the Ohio public works commission shall | 3996 |
notify the director of budget and management of the amounts | 3997 |
allocated pursuant to this section and such information shall be | 3998 |
entered into the state accounting system. The director of budget | 3999 |
and management shall establish appropriation line items as needed | 4000 |
to track these allocations. | 4001 |
(F) If the amount of a district's allocation in a program | 4002 |
year exceeds the amount of financial assistance approved for the | 4003 |
district by the commission for that year, the remaining portion of | 4004 |
the district's allocation shall be added to the district's | 4005 |
allocation pursuant to division (B) of this section for the next | 4006 |
succeeding year for use in the same manner and for the same | 4007 |
purposes as it was originally allocated, except that any portion | 4008 |
of a district's allocation which was available for use on new or | 4009 |
expanded infrastructure pursuant to division (H) of section 164.05 | 4010 |
of the Revised Code shall be available in succeeding years only | 4011 |
for the repair and replacement of existing infrastructure. | 4012 |
(G) When an allocation based on population is made by the | 4013 |
director pursuant to division (B) of this section, the director | 4014 |
shall use the most recent decennial census statistics, and shall | 4015 |
not make any reallocations based upon a change in a district's | 4016 |
population. | 4017 |
Sec. 166.01. As used in this chapter: | 4018 |
(A) "Allowable costs" means all or part of the costs of | 4019 |
project facilities, eligible projects, eligible innovation | 4020 |
projects, eligible research and development projects, eligible | 4021 |
advanced energy projects, or eligible logistics and distribution | 4022 |
projects, including costs of acquiring, constructing, | 4023 |
reconstructing, rehabilitating, renovating, enlarging, improving, | 4024 |
equipping, or furnishing project facilities, eligible projects, | 4025 |
eligible innovation projects, eligible research and development | 4026 |
projects, eligible advanced energy projects, or eligible logistics | 4027 |
and distribution projects, site clearance and preparation, | 4028 |
supplementing and relocating public capital improvements or | 4029 |
utility facilities, designs, plans, specifications, surveys, | 4030 |
studies, and estimates of costs, expenses necessary or incident to | 4031 |
determining the feasibility or practicability of assisting an | 4032 |
eligible project, an eligible innovation project, an eligible | 4033 |
research and development project, an eligible advanced energy | 4034 |
project, or an eligible logistics and distribution project, or | 4035 |
providing project facilities or facilities related to an eligible | 4036 |
project, an eligible innovation project, an eligible research and | 4037 |
development project, an eligible advanced energy project, or an | 4038 |
eligible logistics and distribution project, architectural, | 4039 |
engineering, and legal services fees and expenses, the costs of | 4040 |
conducting any other activities as part of a voluntary action, and | 4041 |
such other expenses as may be necessary or incidental to the | 4042 |
establishment or development of an eligible project, an eligible | 4043 |
innovation project, an eligible research and development project, | 4044 |
an eligible advanced energy project, or an eligible logistics and | 4045 |
distribution project, and reimbursement of moneys advanced or | 4046 |
applied by any governmental agency or other person for allowable | 4047 |
costs. | 4048 |
(B) "Allowable innovation costs" includes allowable costs of | 4049 |
eligible innovation projects and, in addition, includes the costs | 4050 |
of research and development of eligible innovation projects; | 4051 |
obtaining or creating any requisite software or computer hardware | 4052 |
related to an eligible innovation project or the products or | 4053 |
services associated therewith; testing (including, without | 4054 |
limitation, quality control activities necessary for initial | 4055 |
production), perfecting, and marketing of such products and | 4056 |
services; creating and protecting intellectual property related to | 4057 |
an eligible innovation project or any products or services related | 4058 |
thereto, including costs of securing appropriate patent, | 4059 |
trademark, trade secret, trade dress, copyright, or other form of | 4060 |
intellectual property protection for an eligible innovation | 4061 |
project or related products and services; all to the extent that | 4062 |
such expenditures could be capitalized under then-applicable | 4063 |
generally accepted accounting principles; and the reimbursement of | 4064 |
moneys advanced or applied by any governmental agency or other | 4065 |
person for allowable innovation costs. | 4066 |
(C) "Eligible innovation project" includes an eligible | 4067 |
project, including any project facilities associated with an | 4068 |
eligible innovation project and, in addition, includes all | 4069 |
tangible and intangible property related to a new product or | 4070 |
process based on new technology or the creative application of | 4071 |
existing technology, including research and development, product | 4072 |
or process testing, quality control, market research, and related | 4073 |
activities, that is to be acquired, established, expanded, | 4074 |
remodeled, rehabilitated, or modernized for industry, commerce, | 4075 |
distribution, or research, or any combination thereof, the | 4076 |
operation of which, alone or in conjunction with other eligible | 4077 |
projects, eligible innovation projects, or innovation property, | 4078 |
will create new jobs or preserve existing jobs and employment | 4079 |
opportunities and improve the economic welfare of the people of | 4080 |
the state. | 4081 |
(D) "Eligible project" means project facilities to be | 4082 |
acquired, established, expanded, remodeled, rehabilitated, or | 4083 |
modernized for industry, commerce, distribution, or research, or | 4084 |
any combination thereof, the operation of which, alone or in | 4085 |
conjunction with other facilities, will create new jobs or | 4086 |
preserve existing jobs and employment opportunities and improve | 4087 |
the economic welfare of the people of the state. "Eligible | 4088 |
project" includes, without limitation, a voluntary action. For | 4089 |
purposes of this division, "new jobs" does not include existing | 4090 |
jobs transferred from another facility within the state, and | 4091 |
"existing jobs" includes only those existing jobs with work places | 4092 |
within the municipal corporation or unincorporated area of the | 4093 |
county in which the eligible project is located. | 4094 |
"Eligible project" does not include project facilities to be | 4095 |
acquired, established, expanded, remodeled, rehabilitated, or | 4096 |
modernized for industry, commerce, distribution, or research, or | 4097 |
any combination of industry, commerce, distribution, or research, | 4098 |
if the project facilities consist solely of | 4099 |
point-of-final-purchase retail facilities. If the project | 4100 |
facilities consist of both point-of-final-purchase retail | 4101 |
facilities and nonretail facilities, only the portion of the | 4102 |
project facilities consisting of nonretail facilities is an | 4103 |
eligible project. If a warehouse facility is part of a | 4104 |
point-of-final-purchase retail facility and supplies only that | 4105 |
facility, the warehouse facility is not an eligible project. | 4106 |
Catalog distribution facilities are not considered | 4107 |
point-of-final-purchase retail facilities for purposes of this | 4108 |
paragraph, and are eligible projects. | 4109 |
(E) "Eligible research and development project" means an | 4110 |
eligible project, including project facilities, comprising, | 4111 |
within, or related to, a facility or portion of a facility at | 4112 |
which research is undertaken for the purpose of discovering | 4113 |
information that is technological in nature and the application of | 4114 |
which is intended to be useful in the development of a new or | 4115 |
improved product, process, technique, formula, or invention, a new | 4116 |
product or process based on new technology, or the creative | 4117 |
application of existing technology. | 4118 |
(F) "Financial assistance" means inducements under division | 4119 |
(B) of section 166.02 of the Revised Code, loan guarantees under | 4120 |
section 166.06 of the Revised Code, and direct loans under section | 4121 |
166.07 of the Revised Code. | 4122 |
(G) "Governmental action" means any action by a governmental | 4123 |
agency relating to the establishment, development, or operation of | 4124 |
an eligible project, eligible innovation project, eligible | 4125 |
research and development project, eligible advanced energy | 4126 |
project, or eligible logistics and distribution project, and | 4127 |
project facilities that the governmental agency acting has | 4128 |
authority to take or provide for the purpose under law, including, | 4129 |
but not limited to, actions relating to contracts and agreements, | 4130 |
zoning, building, permits, acquisition and disposition of | 4131 |
property, public capital improvements, utility and transportation | 4132 |
service, taxation, employee recruitment and training, and liaison | 4133 |
and coordination with and among governmental agencies. | 4134 |
(H) "Governmental agency" means the state and any state | 4135 |
department, division, commission, institution or authority; a | 4136 |
municipal corporation, county, or township, and any agency | 4137 |
thereof, and any other political subdivision or public corporation | 4138 |
or the United States or any agency thereof; any agency, | 4139 |
commission, or authority established pursuant to an interstate | 4140 |
compact or agreement; and any combination of the above. | 4141 |
(I) "Innovation financial assistance" means inducements under | 4142 |
division (B) of section 166.12 of the Revised Code, innovation | 4143 |
Ohio loan guarantees under section 166.15 of the Revised Code, and | 4144 |
innovation Ohio loans under section 166.16 of the Revised Code. | 4145 |
(J) "Innovation Ohio loan guarantee reserve requirement" | 4146 |
means, at any time, with respect to innovation loan guarantees | 4147 |
made under section 166.15 of the Revised Code, a balance in the | 4148 |
innovation Ohio loan guarantee fund equal to the greater of twenty | 4149 |
per cent of the then-outstanding principal amount of all | 4150 |
outstanding innovation loan guarantees made pursuant to section | 4151 |
166.15 of the Revised Code or fifty per cent of the principal | 4152 |
amount of the largest outstanding guarantee made pursuant to | 4153 |
section 166.15 of the Revised Code. | 4154 |
(K) "Innovation property" includes property and also includes | 4155 |
software, inventory, licenses, contract rights, goodwill, | 4156 |
intellectual property, including without limitation, patents, | 4157 |
patent applications, trademarks and service marks, and trade | 4158 |
secrets, and other tangible and intangible property, and any | 4159 |
rights and interests in or connected to the foregoing. | 4160 |
(L) "Loan guarantee reserve requirement" means, at any time, | 4161 |
with respect to loan guarantees made under section 166.06 of the | 4162 |
Revised Code, a balance in the loan guarantee fund equal to the | 4163 |
greater of twenty per cent of the then-outstanding principal | 4164 |
amount of all outstanding guarantees made pursuant to section | 4165 |
166.06 of the Revised Code or fifty per cent of the principal | 4166 |
amount of the largest outstanding guarantee made pursuant to | 4167 |
section 166.06 of the Revised Code. | 4168 |
(M) "Person" means any individual, firm, partnership, | 4169 |
association, corporation, or governmental agency, and any | 4170 |
combination thereof. | 4171 |
(N) "Project facilities" means buildings, structures, and | 4172 |
other improvements, and equipment and other property, excluding | 4173 |
small tools, supplies, and inventory, and any one, part of, or | 4174 |
combination of the above, comprising all or part of, or serving or | 4175 |
being incidental to, an eligible project, an eligible innovation | 4176 |
project, an eligible research and development project, an eligible | 4177 |
advanced energy project, or an eligible logistics and distribution | 4178 |
project, including, but not limited to, public capital | 4179 |
improvements. | 4180 |
(O) "Property" means real and personal property and interests | 4181 |
therein. | 4182 |
(P) "Public capital improvements" means capital improvements | 4183 |
or facilities that any governmental agency has authority to | 4184 |
acquire, pay the costs of, own, maintain, or operate, or to | 4185 |
contract with other persons to have the same done, including, but | 4186 |
not limited to, highways, roads, streets, water and sewer | 4187 |
facilities, railroad and other transportation facilities, and air | 4188 |
and water pollution control and solid waste disposal facilities. | 4189 |
For purposes of this division, "air pollution control facilities" | 4190 |
includes, without limitation, solar, geothermal, biofuel, biomass, | 4191 |
wind, hydro, wave, and other advanced energy projects as defined | 4192 |
in section 3706.25 of the Revised Code. | 4193 |
(Q) "Research and development financial assistance" means | 4194 |
inducements under section 166.17 of the Revised Code, research and | 4195 |
development loans under section 166.21 of the Revised Code, and | 4196 |
research and development tax credits under sections 5733.352 and | 4197 |
5747.331 of the Revised Code. | 4198 |
(R) "Targeted innovation industry sectors" means industry | 4199 |
sectors involving the production or use of advanced materials, | 4200 |
instruments, controls and electronics, power and propulsion, | 4201 |
biosciences, and information technology, or such other sectors as | 4202 |
may be designated by the director of development services. | 4203 |
(S) "Voluntary action" means a voluntary action, as defined | 4204 |
in section 3746.01 of the Revised Code, that is conducted under | 4205 |
the voluntary action program established in Chapter 3746. of the | 4206 |
Revised Code. | 4207 |
(T) "Project financing obligations" means obligations issued | 4208 |
pursuant to section 166.08 of the Revised Code other than | 4209 |
obligations for which the bond proceedings provide that bond | 4210 |
service charges shall be paid from receipts of the state | 4211 |
representing gross profit on the sale of spirituous liquor as | 4212 |
referred to in division (B)(4) of section 4310.10 of the Revised | 4213 |
Code. | 4214 |
(U) "Regional economic development entity" means an entity | 4215 |
that is under contract with the director | 4216 |
administer a loan program under this chapter in a particular area | 4217 |
of this state. | 4218 |
(V) "Advanced energy research and development fund" means the | 4219 |
advanced energy research and development fund created in section | 4220 |
3706.27 of the Revised Code. | 4221 |
(W) "Advanced energy research and development taxable fund" | 4222 |
means the advanced energy research and development taxable fund | 4223 |
created in section 3706.27 of the Revised Code. | 4224 |
(X) "Eligible advanced energy project" means an eligible | 4225 |
project that is an "advanced energy project" as defined in section | 4226 |
3706.25 of the Revised Code. | 4227 |
(Y) "Eligible logistics and distribution project" means an | 4228 |
eligible project, including project facilities, to be acquired, | 4229 |
established, expanded, remodeled, rehabilitated, or modernized for | 4230 |
transportation logistics and distribution infrastructure purposes. | 4231 |
As used in this division, "transportation logistics and | 4232 |
distribution infrastructure purposes" means promoting, providing | 4233 |
for, and enabling improvements to the ground, air, and water | 4234 |
transportation infrastructure comprising the transportation system | 4235 |
in this state, including, without limitation, highways, streets, | 4236 |
roads, bridges, railroads carrying freight, and air and water | 4237 |
ports and port facilities, and all related supporting facilities. | 4238 |
(Z) "Department of development" means the development | 4239 |
services agency and "director of development" means the director | 4240 |
of development services. | 4241 |
Sec. 166.04. (A) Prior to entering into each agreement to | 4242 |
provide assistance under sections 166.02, 166.06, and 166.07 of | 4243 |
the Revised Code, the director of development services shall | 4244 |
determine whether the assistance will conform to the requirements | 4245 |
of sections 166.01 to 166.11 of the Revised Code. Such | 4246 |
determination, and the facts upon which it is based, shall be set | 4247 |
forth, where required, by the director in submissions made to the | 4248 |
controlling board | 4249 |
4250 | |
4251 | |
4252 | |
seeks a release of moneys under section 166.02 of the Revised | 4253 |
Code. An agreement to provide assistance under sections 166.02, | 4254 |
166.06, and 166.07 of the Revised Code shall set forth such | 4255 |
determination, which shall be conclusive for purposes of the | 4256 |
validity and enforceability of such agreement and any loan | 4257 |
guarantees, loans, or other agreements entered into pursuant to | 4258 |
such agreement to provide assistance. | 4259 |
(B) Whenever a person applies for financial assistance under | 4260 |
sections 166.02, 166.06, and 166.07 of the Revised Code and the | 4261 |
project for which assistance is requested is to relocate | 4262 |
facilities that are currently being operated by the person and | 4263 |
that are located in another county, municipal corporation, or | 4264 |
township, the director shall provide written notification to the | 4265 |
appropriate local governmental bodies and state officials. The | 4266 |
notification shall contain the following information: | 4267 |
(1) The name of the person applying for financial assistance; | 4268 |
(2) The county, and the municipal corporation or township, in | 4269 |
which the project for which assistance is requested is located; | 4270 |
and | 4271 |
(3) The county, and the municipal corporation or township, in | 4272 |
which the facility to be replaced is located. | 4273 |
| 4274 |
4275 | |
4276 | |
4277 | |
4278 | |
4279 |
(C) As used in division (B) of this section: | 4280 |
(1) "Appropriate local governmental bodies" means: | 4281 |
(a) The boards of county commissioners or legislative | 4282 |
authorities of the county in which the project for which | 4283 |
assistance is requested is located and of the county in which the | 4284 |
facility to be replaced is located; | 4285 |
(b) The legislative authority of the municipal corporation or | 4286 |
the board of township trustees of the township in which the | 4287 |
project for which assistance is requested is located; and | 4288 |
(c) The legislative authority of the municipal corporation or | 4289 |
the board of township trustees of the township in which the | 4290 |
facility to be replaced is located. | 4291 |
(2) "State officials" means: | 4292 |
(a) The state representative and state senator in whose | 4293 |
districts the project for which assistance is requested is | 4294 |
located; | 4295 |
(b) The state representative and state senator in whose | 4296 |
districts the facility to be replaced is located. | 4297 |
Sec. 166.05. (A) In determining the projects to be assisted | 4298 |
and the nature, amount, and terms of assistance to be provided for | 4299 |
an eligible project under sections 166.02, 166.06, and 166.07 of | 4300 |
the Revised Code: | 4301 |
(1) | 4302 |
4303 | |
consideration all of the following: | 4304 |
(a) The number of jobs to be created or preserved, directly | 4305 |
or indirectly; | 4306 |
(b) Payrolls, and the taxes generated, at both state and | 4307 |
local levels, by the eligible project and by the employment | 4308 |
created or preserved by the eligible project; | 4309 |
(c) The size, nature, and cost of the eligible project, | 4310 |
including the prospect of the project for providing long-term jobs | 4311 |
in enterprises consistent with the changing economics of the state | 4312 |
and the nation; | 4313 |
(d) The needs, and degree of needs, of the area in which the | 4314 |
eligible project is to be located; | 4315 |
(e) The needs of any private sector enterprise to be | 4316 |
assisted; | 4317 |
(f) The competitive effect of the assistance on other | 4318 |
enterprises providing jobs for people of the state; | 4319 |
(g) The amount and kind of assistance, if any, to be provided | 4320 |
to the private sector enterprise by other governmental agencies | 4321 |
through tax exemption or abatement, financing assistance with | 4322 |
industrial development bonds, and otherwise, with respect to the | 4323 |
eligible project; | 4324 |
(h) The impact of the eligible project and its operations on | 4325 |
local government services, including school services, and on | 4326 |
public facilities; | 4327 |
(i) The effect of the assistance on the loss of or damage to | 4328 |
or destruction of prime farmland, or the removal from agricultural | 4329 |
production of prime farmland. As used in this section, "prime | 4330 |
farmland" means agricultural land that meets the criteria for this | 4331 |
classification as defined by the United States soil conservation | 4332 |
service. | 4333 |
(j) The length of time the operator of the project has been | 4334 |
operating facilities within the state. | 4335 |
(2) The benefits to the local area, including taxes, jobs, | 4336 |
and reduced unemployment and reduced welfare costs, among others, | 4337 |
may be accorded value in the leasing or sales of project | 4338 |
facilities and in loan and guarantee arrangements. | 4339 |
(B) Prior to granting final approval of the assistance to be | 4340 |
provided, the director shall determine that the benefits to be | 4341 |
derived by the state and local area from the establishment or | 4342 |
development, and operation, of the eligible project will exceed | 4343 |
the cost of providing such assistance and | 4344 |
4345 | |
4346 | |
that determination including the basis for the determination. | 4347 |
(C) | 4348 |
4349 | |
4350 | |
4351 | |
4352 | |
4353 | |
4354 | |
4355 |
| 4356 |
4357 | |
4358 | |
4359 | |
4360 |
| 4361 |
4362 | |
4363 | |
4364 | |
4365 | |
4366 | |
4367 |
| 4368 |
director of development | 4369 |
4370 | |
person in connection with financial assistance under sections | 4371 |
166.02, 166.06, and 166.07 of the Revised Code, or any information | 4372 |
taken from such statements or data for any purpose, shall not be | 4373 |
open to public inspection. | 4374 |
4375 | |
4376 | |
4377 | |
4378 | |
4379 | |
4380 |
Sec. 166.13. (A) Prior to entering into each agreement to | 4381 |
provide innovation financial assistance under sections 166.12, | 4382 |
166.15, and 166.16 of the Revised Code, the director of | 4383 |
development services shall determine whether the assistance will | 4384 |
conform to the requirements of sections 166.12 to 166.16 of the | 4385 |
Revised Code. Such determination, and the facts upon which it is | 4386 |
based, shall be set forth by the director in submissions made to | 4387 |
the controlling board | 4388 |
4389 | |
4390 | |
under section 166.12 of the Revised Code. An agreement to provide | 4391 |
assistance under sections 166.12, 166.15, and 166.16 of the | 4392 |
Revised Code shall set forth the determination, which shall be | 4393 |
conclusive for purposes of the validity and enforceability of the | 4394 |
agreement and any innovation loan guarantees, innovation loans, or | 4395 |
other agreements entered into pursuant to the agreement to provide | 4396 |
innovation financial assistance. | 4397 |
(B) Whenever a person applies for innovation financial | 4398 |
assistance under sections 166.12, 166.15, and 166.16 of the | 4399 |
Revised Code and the eligible innovation project for which | 4400 |
innovation financial assistance is requested is to relocate an | 4401 |
eligible innovation project that is currently being operated by | 4402 |
the person and that is located in another county, municipal | 4403 |
corporation, or township, the director shall provide written | 4404 |
notification to the appropriate local governmental bodies and | 4405 |
state officials. The notification shall contain the following | 4406 |
information: | 4407 |
(1) The name of the person applying for innovation financial | 4408 |
assistance; | 4409 |
(2) The county, and the municipal corporation or township, in | 4410 |
which the eligible innovation project for which innovation | 4411 |
financial assistance is requested is located; and | 4412 |
(3) The county, and the municipal corporation or township, in | 4413 |
which the eligible innovation project to be replaced is located. | 4414 |
| 4415 |
4416 | |
4417 | |
4418 | |
4419 | |
4420 | |
4421 |
(C) As used in division (B) of this section: | 4422 |
(1) "Appropriate local governmental bodies" means: | 4423 |
(a) The boards of county commissioners or legislative | 4424 |
authorities of the county in which the project for which | 4425 |
innovation financial assistance is requested is located and of the | 4426 |
county in which the eligible innovation project to be replaced is | 4427 |
located; | 4428 |
(b) The legislative authority of the municipal corporation or | 4429 |
the board of township trustees of the township in which the | 4430 |
eligible innovation project for which innovation financial | 4431 |
assistance is requested is located; and | 4432 |
(c) The legislative authority of the municipal corporation or | 4433 |
the board of township trustees of the township in which the | 4434 |
eligible innovation project to be replaced is located. | 4435 |
(2) "State officials" means: | 4436 |
(a) The state representative and state senator in whose | 4437 |
districts the project for which innovation financial assistance is | 4438 |
requested is located; | 4439 |
(b) The state representative and state senator in whose | 4440 |
districts the innovation project to be replaced is located. | 4441 |
Sec. 166.14. (A) In determining the eligible innovation | 4442 |
projects to be assisted and the nature, amount, and terms of | 4443 |
innovation financial assistance to be provided for an eligible | 4444 |
innovation project under sections 166.12 to 166.16 of the Revised | 4445 |
Code: | 4446 |
(1) The director of development services shall take into | 4447 |
consideration all of the following: | 4448 |
(a) The number of jobs to be created or preserved by the | 4449 |
eligible innovation project, directly or indirectly; | 4450 |
(b) Payrolls, and the taxes generated, at both state and | 4451 |
local levels, by or in connection with the eligible innovation | 4452 |
project and by the employment created or preserved by or in | 4453 |
connection with the eligible innovation project; | 4454 |
(c) The size, nature, and cost of the eligible innovation | 4455 |
project, including the prospect of the eligible innovation project | 4456 |
for providing long-term jobs in enterprises consistent with the | 4457 |
changing economics of the state and the nation; | 4458 |
(d) The needs of any private sector enterprise to be | 4459 |
assisted; | 4460 |
(e) The amount and kind of assistance, if any, to be provided | 4461 |
to the private sector enterprise by other governmental agencies | 4462 |
through tax exemption or abatement, financing assistance with | 4463 |
industrial development bonds, and otherwise, with respect to the | 4464 |
eligible innovation project or with respect to any providers of | 4465 |
innovation property to be included as part of the eligible | 4466 |
innovation project; | 4467 |
(f) The likelihood of the successful implementation of the | 4468 |
proposed eligible innovation project; | 4469 |
(g) Whether the eligible innovation project involves the use | 4470 |
of technology in a targeted innovation industry sector. | 4471 |
(2) The benefits to the local area, including taxes, jobs, | 4472 |
and reduced unemployment and reduced welfare costs, among others, | 4473 |
may be accorded value in the leasing or sales of innovation | 4474 |
project facilities and in loan and guarantee arrangements. | 4475 |
(3) In making determinations under division (A)(1) of this | 4476 |
section, the director may consider the effect of an eligible | 4477 |
innovation project upon any entity engaged to provide innovation | 4478 |
property to be acquired, leased, or licensed in connection with | 4479 |
such assistance. | 4480 |
(B) | 4481 |
4482 | |
4483 | |
4484 | |
4485 |
| 4486 |
4487 | |
4488 | |
4489 | |
4490 | |
4491 | |
4492 | |
4493 |
| 4494 |
director of development | 4495 |
4496 | |
person in connection with innovation financial assistance under | 4497 |
sections 166.12, 166.15, and 166.16 of the Revised Code, or any | 4498 |
information taken from such statements or data for any purpose, | 4499 |
shall not be open to public inspection. | 4500 |
4501 | |
4502 | |
4503 | |
4504 | |
4505 | |
4506 |
Sec. 166.18. (A) Prior to entering into each agreement to | 4507 |
provide research and development financial assistance, the | 4508 |
director of development services shall determine whether the | 4509 |
assistance will conform to the requirements of sections 166.17 to | 4510 |
166.21, 5733.352, and 5747.331 of the Revised Code. Such | 4511 |
determination, and the facts upon which it is based, shall be set | 4512 |
forth by the director in submissions made to the controlling board | 4513 |
4514 | |
4515 | |
the director seeks a release of moneys under section 166.17 of the | 4516 |
Revised Code. An agreement to provide research and development | 4517 |
financial assistance under section 166.17 or 166.21 of the Revised | 4518 |
Code shall set forth the determination, which shall be conclusive | 4519 |
for purposes of the validity and enforceability of the agreement, | 4520 |
and any loans or other agreements entered into pursuant to the | 4521 |
agreement, to provide research and development financial | 4522 |
assistance. | 4523 |
(B) Whenever a person applies for research and development | 4524 |
financial assistance, and the eligible research and development | 4525 |
project for which that assistance is requested is to relocate an | 4526 |
eligible research and development project that is currently being | 4527 |
operated by the person and that is located in another county, | 4528 |
municipal corporation, or township within the state, the director | 4529 |
shall provide written notification to the appropriate local | 4530 |
governmental bodies and state officials. The notification shall | 4531 |
state all of the following: | 4532 |
(1) The name of the person applying for research and | 4533 |
development financial assistance; | 4534 |
(2) The county, and the municipal corporation or township, in | 4535 |
which the project for which research and development financial | 4536 |
assistance is requested will be located; | 4537 |
(3) The county, and the municipal corporation or township, in | 4538 |
which the eligible research and development project is located at | 4539 |
the time such financial assistance is requested. | 4540 |
| 4541 |
4542 | |
4543 | |
4544 | |
4545 | |
4546 |
(C) As used in division (B) of this section: | 4547 |
(1) "Appropriate local governmental bodies" means all of the | 4548 |
following: | 4549 |
(a) The board of county commissioners of or legislative | 4550 |
authorities of special districts in the county in which the | 4551 |
eligible research and development project for which research and | 4552 |
development financial assistance is requested is located and of | 4553 |
the county in which the project will be located; | 4554 |
(b) The legislative authority of the municipal corporation or | 4555 |
the board of township trustees of the township in which the | 4556 |
eligible research and development project for which research and | 4557 |
development financial assistance is requested is located and of | 4558 |
the municipal corporation or township in which the project will be | 4559 |
located. | 4560 |
(2) "State officials" means both of the following: | 4561 |
(a) The state representative and state senator in whose | 4562 |
district the eligible research and development project for which | 4563 |
research and development financial assistance is requested is | 4564 |
located; | 4565 |
(b) The state representative and state senator in whose | 4566 |
district the eligible research and development project will be | 4567 |
located. | 4568 |
Sec. 166.19. (A)(1) In determining the eligible research and | 4569 |
development projects to be assisted and the nature, amount, and | 4570 |
terms of the research and development financial assistance to be | 4571 |
provided, the director of development services shall consider all | 4572 |
of the following: | 4573 |
(a) The number of jobs to be created or preserved, directly | 4574 |
or indirectly, by or in connection with the eligible research and | 4575 |
development project; | 4576 |
(b) Payrolls, and the taxes generated at both state and local | 4577 |
levels, by the eligible research and development project and by | 4578 |
the employment created or preserved by or in connection with the | 4579 |
project; | 4580 |
(c) The size, nature, and cost of the eligible research and | 4581 |
development project; | 4582 |
(d) The likelihood that the eligible research and development | 4583 |
project will create long-term jobs in enterprises consistent with | 4584 |
the changing economy of the state and nation; | 4585 |
(e) The needs of any private sector enterprise to be | 4586 |
assisted, taking into consideration the amount and kind of | 4587 |
assistance, if any, to be provided to the private sector | 4588 |
enterprise by other governmental agencies through tax exemption or | 4589 |
abatement, financing assistance with industrial development bonds, | 4590 |
and otherwise, with respect to the eligible research and | 4591 |
development project or with respect to any providers of research | 4592 |
and development property to be included as part of the project; | 4593 |
(f) The likelihood that the eligible research and development | 4594 |
project will be successfully implemented. | 4595 |
(2) The director may consider the benefits to the local area, | 4596 |
including taxes, jobs, and reduced unemployment and reduced | 4597 |
welfare costs, in the leasing or sale of eligible research and | 4598 |
development project facilities and in loan arrangements. | 4599 |
(3) The director may consider the effect of an eligible | 4600 |
research and development project upon any entity engaged to | 4601 |
provide research and development property to be acquired, leased, | 4602 |
or licensed in connection with research and development financial | 4603 |
assistance. | 4604 |
(B) | 4605 |
4606 | |
4607 | |
4608 | |
4609 |
| 4610 |
4611 | |
4612 | |
4613 | |
4614 | |
4615 | |
4616 | |
4617 | |
4618 | |
4619 |
| 4620 |
director of development | 4621 |
4622 | |
person in connection with research and development financial | 4623 |
assistance, or any information taken from such statements or data | 4624 |
for any purpose, shall not be open to public inspection. | 4625 |
4626 | |
4627 | |
4628 | |
4629 | |
4630 | |
4631 |
Sec. 166.25. (A) The director of development services, with | 4632 |
the approval of the controlling board and subject to the other | 4633 |
applicable provisions of this chapter, may lend money in the | 4634 |
logistics and distribution infrastructure fund and the logistics | 4635 |
and distribution infrastructure taxable bond fund to persons for | 4636 |
the purpose of paying allowable costs of eligible logistics and | 4637 |
distribution projects. | 4638 |
(B) In determining the eligible logistics and distribution | 4639 |
projects to be assisted and the nature, amount, and terms of | 4640 |
assistance to be provided for an eligible logistics and | 4641 |
distribution project, the director shall consult with appropriate | 4642 |
governmental agencies, including the department of transportation | 4643 |
and the Ohio rail development commission. | 4644 |
(C) | 4645 |
4646 | |
4647 | |
4648 |
| 4649 |
4650 | |
4651 | |
4652 | |
4653 |
| 4654 |
4655 | |
4656 | |
4657 |
| 4658 |
by a loan agreement, which shall contain such terms as the | 4659 |
director determines necessary or appropriate, including | 4660 |
performance measures and reporting requirements. The director may | 4661 |
take actions necessary or appropriate to collect or otherwise deal | 4662 |
with any loan made under this section, including requiring a loan | 4663 |
recipient to repay the amount of the loan plus interest at a rate | 4664 |
of three per cent above the federal short term interest rate or | 4665 |
any other rate determined by the director. | 4666 |
Sec. 166.30. (A) The Ohio air quality development authority, | 4667 |
with the approval of the controlling board and subject to sections | 4668 |
3706.25 to 3706.30 of the Revised Code, may provide grants from | 4669 |
money in the advanced energy research and development fund and may | 4670 |
lend money in the advanced energy research and development taxable | 4671 |
fund to persons for the purposes of paying allowable costs of | 4672 |
eligible advanced energy projects. | 4673 |
(B) In determining the eligible advanced energy projects to | 4674 |
be assisted and the nature, amount, and terms of assistance to be | 4675 |
provided for an eligible advanced energy project, the authority | 4676 |
shall consult with appropriate governmental agencies. | 4677 |
(C) | 4678 |
4679 | |
4680 | |
4681 |
| 4682 |
4683 | |
4684 | |
4685 | |
4686 |
| 4687 |
4688 | |
4689 | |
4690 |
| 4691 |
evidenced by an agreement, which shall contain such terms as the | 4692 |
authority determines necessary or appropriate, including | 4693 |
performance measures and reporting requirements. The authority may | 4694 |
take actions necessary or appropriate to collect or otherwise deal | 4695 |
with any assistance provided under this section, including | 4696 |
requiring a loan or grant recipient to repay the amount of the | 4697 |
loan or grant plus interest at a rate of three per cent above the | 4698 |
federal short term interest rate or any other rate determined by | 4699 |
the authority. | 4700 |
Sec. 174.01. As used in this chapter: | 4701 |
(A) "Financial assistance" means grants, loans, loan | 4702 |
guarantees, an equity position in a project, or loan subsidies. | 4703 |
(B) "Grant" means funding the | 4704 |
services agency or the Ohio housing finance agency provides for | 4705 |
which the | 4706 |
repayment. | 4707 |
(C) "Housing" means housing for owner-occupancy and | 4708 |
multifamily rental housing. | 4709 |
(D) "Housing for owner-occupancy" means housing that is | 4710 |
intended for occupancy by an owner as a principal residence. | 4711 |
"Housing for owner-occupancy" may be any type of structure and may | 4712 |
be owned in any type of ownership. | 4713 |
(E) "Housing trust fund" means the low- and moderate-income | 4714 |
housing trust fund created and administered pursuant to Chapter | 4715 |
174. of the Revised Code. | 4716 |
(F) "Lending institution" means any financial institution | 4717 |
qualified to conduct business in this state, a subsidiary | 4718 |
corporation that is wholly owned by a financial institution | 4719 |
qualified to conduct business in this state, and a mortgage lender | 4720 |
whose regular business is originating, servicing, or brokering | 4721 |
real estate loans and who is qualified to do business in this | 4722 |
state. | 4723 |
(G) "Loan" means any extension of credit or other form of | 4724 |
financing or indebtedness directly or indirectly to a borrower | 4725 |
with the expectation that it will be repaid in accordance with the | 4726 |
terms of the underlying loan agreement or other pertinent | 4727 |
document. "Loan" includes financing extended to lending | 4728 |
institutions and indebtedness purchased from lending institutions. | 4729 |
(H) "Loan guarantee" means any agreement in favor of a | 4730 |
lending institution or other lender in which the credit and | 4731 |
resources of the housing trust fund are pledged to secure the | 4732 |
payment or collection of financing extended to a borrower for the | 4733 |
acquisition, construction, improvement, rehabilitation or | 4734 |
preservation of housing, or to refinance any financing previously | 4735 |
extended for those purposes by any lender. | 4736 |
(I) "Loan subsidy" means any deposit of funds into a lending | 4737 |
institution with the authorization or direction that the income or | 4738 |
revenues the deposit earns, or could have earned at competitive | 4739 |
rates, be applied directly or indirectly to the benefit of housing | 4740 |
assistance or financial assistance. | 4741 |
(J) "Low- and moderate-income persons" means individuals and | 4742 |
families who qualify as low- and moderate-income persons pursuant | 4743 |
to guidelines the | 4744 |
establishes. | 4745 |
(K) "Multifamily rental housing" means multiple unit housing | 4746 |
intended for rental occupancy. | 4747 |
(L) "Nonprofit organization" means a nonprofit organization | 4748 |
in good standing and qualified to conduct business in this state | 4749 |
including any corporation whose members are members of a | 4750 |
metropolitan housing authority. | 4751 |
(M) "Department of development" means the development | 4752 |
services agency and "director of development" means the director | 4753 |
of development services. | 4754 |
Sec. 184.01. (A) There is hereby created the third frontier | 4755 |
commission in the | 4756 |
purpose of the commission is to coordinate and administer science | 4757 |
and technology programs to promote the welfare of the people of | 4758 |
the state and to maximize the economic growth of the state through | 4759 |
expansion of both of the following: | 4760 |
(1) The state's high technology research and development | 4761 |
capabilities; | 4762 |
(2) The state's product and process innovation and | 4763 |
commercialization. | 4764 |
(B)(1) The commission shall consist of | 4765 |
the director of development services, the chancellor of the Ohio | 4766 |
board of regents, the governor's science and technology advisor, | 4767 |
the chief investment officer of the nonprofit corporation formed | 4768 |
under section 187.01 of the Revised Code, and | 4769 |
appointed by the governor with the advice and consent of the | 4770 |
senate. | 4771 |
(2) Of the | 4772 |
shall represent the central region, which is composed of the | 4773 |
counties of Delaware, Fairfield, Fayette, Franklin, Hocking, Knox, | 4774 |
Licking, Logan, Madison, Marion, Morrow, Perry, Pickaway, Ross, | 4775 |
and Union; one shall represent the west central region, which is | 4776 |
composed of the counties of Champaign, Clark, Darke, Greene, | 4777 |
Miami, Montgomery, Preble, and Shelby; one shall represent the | 4778 |
northeast region, which is composed of the counties of Ashland, | 4779 |
Ashtabula, Carroll, Crawford, Columbiana, Cuyahoga, Erie, Geauga, | 4780 |
Holmes, Huron, Lake, Lorain, Mahoning, Medina, Portage, Richland, | 4781 |
Stark, Summit, Trumbull, Tuscarawas, and Wayne; one shall | 4782 |
represent the northwest region, which is composed of the counties | 4783 |
of Allen, Auglaize, Defiance, Fulton, Hancock, Hardin, Henry, | 4784 |
Lucas, Mercer, Ottawa, Paulding, Putnam, Sandusky, Seneca, Van | 4785 |
Wert, Williams, Wood, and Wyandot; one shall represent the | 4786 |
southeast region, which shall represent the counties of Adams, | 4787 |
Athens, Belmont, Coshocton, Gallia, Guernsey, Harrison, Jackson, | 4788 |
Jefferson, Lawrence, Meigs, Monroe, Morgan, Muskingum, Noble, | 4789 |
Pike, Scioto, Vinton, and Washington; | 4790 |
southwest region, which is composed of the counties of Butler, | 4791 |
Brown, Clermont, Clinton, Hamilton, Highland, and Warren; and one | 4792 |
shall represent the public at large. Of the initial appointments, | 4793 |
two shall be for one year, two shall be for two years, and two | 4794 |
shall be for three years as assigned by the governor. Thereafter, | 4795 |
appointments shall be for three-year terms. Members may be | 4796 |
reappointed and vacancies shall be filled in the same manner as | 4797 |
appointments. A person must have a background in business or | 4798 |
research in order to be eligible for appointment to the | 4799 |
commission. | 4800 |
(3) The governor shall select a chairperson from among the | 4801 |
members, who shall serve in that role at the pleasure of the | 4802 |
governor. Sections 101.82 to 101.87 of the Revised Code do not | 4803 |
apply to the commission. | 4804 |
(C) The commission shall meet at least once during each | 4805 |
quarter of the calendar year or at the call of the chairperson. A | 4806 |
majority of all members of the commission constitutes a quorum, | 4807 |
and no action shall be taken without the concurrence of a majority | 4808 |
of the members. | 4809 |
(D) The commission shall administer any money that may be | 4810 |
appropriated to it by the general assembly. The commission may use | 4811 |
such money for research and commercialization and for any other | 4812 |
purposes that may be designated by the commission. | 4813 |
(E) The | 4814 |
provide office space and facilities for the commission. | 4815 |
Administrative costs associated with the operation of the | 4816 |
commission or with any program or activity administered by the | 4817 |
commission shall be paid from amounts appropriated to the | 4818 |
commission or to the | 4819 |
purposes. | 4820 |
(F) The attorney general shall serve as the legal | 4821 |
representative for the commission and may appoint other counsel as | 4822 |
necessary for that purpose in accordance with section 109.07 of | 4823 |
the Revised Code. | 4824 |
(G) Members of the commission shall serve without | 4825 |
compensation, but shall receive their reasonable and necessary | 4826 |
expenses incurred in the conduct of commission business. | 4827 |
(H) Members of the commission shall file financial disclosure | 4828 |
statements described in division (B) of section 102.02 of the | 4829 |
Revised Code. | 4830 |
Sec. 184.011. As used in this chapter, "department of | 4831 |
development" means the development services agency and "director | 4832 |
of development" means the director of development services. | 4833 |
Sec. 187.01. As used in this chapter, "JobsOhio" means the | 4834 |
nonprofit corporation formed under this section, and includes any | 4835 |
subsidiary of that corporation. In any section of law that refers | 4836 |
to the nonprofit corporation formed under this section, reference | 4837 |
to the corporation includes reference to any such subsidiary | 4838 |
unless otherwise specified or clearly appearing from the context. | 4839 |
The governor is hereby authorized to form a nonprofit | 4840 |
corporation, to be named "JobsOhio," with the purposes of | 4841 |
promoting economic development, job creation, job retention, job | 4842 |
training, and the recruitment of business to this state. Except as | 4843 |
otherwise provided in this chapter, the corporation shall be | 4844 |
organized and operated in accordance with Chapter 1702. of the | 4845 |
Revised Code. The governor shall sign and file articles of | 4846 |
incorporation for the corporation with the secretary of state. The | 4847 |
legal existence of the corporation shall begin upon the filing of | 4848 |
the articles. | 4849 |
In addition to meeting the requirements for articles of | 4850 |
incorporation in Chapter 1702. of the Revised Code, the articles | 4851 |
of incorporation for the nonprofit corporation shall set forth the | 4852 |
following: | 4853 |
(A) The designation of the name of the corporation as | 4854 |
JobsOhio; | 4855 |
(B) The creation of a board of directors consisting of nine | 4856 |
directors, to be appointed by the governor, who satisfy the | 4857 |
qualifications prescribed by section 187.02 of the Revised Code; | 4858 |
(C) A requirement that the governor make initial appointments | 4859 |
to the board within sixty days after the filing of the articles of | 4860 |
incorporation. Of the initial appointments made to the board, two | 4861 |
shall be for a term ending one year after the date the articles | 4862 |
were filed, two shall be for a term ending two years after the | 4863 |
date the articles were filed, and five shall be for a term ending | 4864 |
four years after the date the articles were filed. The articles | 4865 |
shall state that, following the initial appointments, the governor | 4866 |
shall appoint directors to terms of office of four years, with | 4867 |
each term of office ending on the same day of the same month as | 4868 |
did the term that it succeeds. If any director dies, resigns, or | 4869 |
the director's status changes such that any of the requirements of | 4870 |
division (C) of section 187.02 of the Revised Code are no longer | 4871 |
met, that director's seat on the board shall become immediately | 4872 |
vacant. The governor shall forthwith fill the vacancy by | 4873 |
appointment for the remainder of the term of office of the vacated | 4874 |
seat. | 4875 |
(D) A requirement that the governor appoint one director to | 4876 |
be chairperson of the board and procedures for electing directors | 4877 |
to serve as officers of the corporation and members of an | 4878 |
executive committee; | 4879 |
(E) A provision for the appointment of a chief investment | 4880 |
officer of the corporation by the recommendation of the board and | 4881 |
approval of the governor. The chief investment officer shall serve | 4882 |
at the pleasure of the board and shall have the power to execute | 4883 |
contracts, spend corporation funds, and hire employees on behalf | 4884 |
of the corporation. If the position of chief investment officer | 4885 |
becomes vacant for any reason, the vacancy shall be filled in the | 4886 |
same manner as provided in this division. | 4887 |
(F) Provisions requiring the board to do all of the | 4888 |
following: | 4889 |
(1) Adopt one or more resolutions providing for compensation | 4890 |
of the chief investment officer; | 4891 |
(2) Approve an employee compensation plan recommended by the | 4892 |
chief investment officer; | 4893 |
(3) Approve a contract with the director of development | 4894 |
services for the corporation to assist the director and the | 4895 |
4896 | |
or otherwise carrying out the functions or duties of the | 4897 |
4898 | |
programs, offices, divisions, or boards, as may be determined by | 4899 |
the director of development services in consultation with the | 4900 |
governor; | 4901 |
(4) Approve all major contracts for services recommended by | 4902 |
the chief investment officer; | 4903 |
(5) Establish an annual strategic plan and standards of | 4904 |
measure to be used in evaluating the corporation's success in | 4905 |
executing the plan; | 4906 |
(6) Establish a conflicts of interest policy that, at a | 4907 |
minimum, complies with section 187.06 of the Revised Code; | 4908 |
(7) Hold a minimum of four board of directors meetings per | 4909 |
year at which a quorum of the board is physically present, and | 4910 |
such other meetings, at which directors' physical presence is not | 4911 |
required, as may be necessary. Meetings at which a quorum of the | 4912 |
board is required to be physically present are subject to | 4913 |
divisions (C), (D), and (E) of section 187.03 of the Revised Code. | 4914 |
(8) Establish a records retention policy and present the | 4915 |
policy, and any subsequent changes to the policy, at a meeting of | 4916 |
the board of directors at which a quorum of the board is required | 4917 |
to be physically present pursuant to division (F)(7) of this | 4918 |
section; | 4919 |
(9) Adopt standards of conduct for the directors. | 4920 |
(G) A statement that directors shall not receive any | 4921 |
compensation from the corporation, except that directors may be | 4922 |
reimbursed for actual and necessary expenses incurred in | 4923 |
connection with services performed for the corporation; | 4924 |
(H) A provision authorizing the board to amend provisions of | 4925 |
the corporation's articles of incorporation or regulations, except | 4926 |
provisions required by this chapter; | 4927 |
(I) Procedures by which the corporation would be dissolved | 4928 |
and by which all corporation rights and assets would be | 4929 |
distributed to the state or to another corporation organized under | 4930 |
this chapter. These procedures shall incorporate any separate | 4931 |
procedures subsequently set forth in this chapter for the | 4932 |
dissolution of the corporation. The articles shall state that no | 4933 |
dissolution shall take effect until the corporation has made | 4934 |
adequate provision for the payment of any outstanding bonds, | 4935 |
notes, or other obligations. | 4936 |
(J) A provision establishing an audit committee to be | 4937 |
comprised of directors. The articles shall require that the audit | 4938 |
committee hire an independent certified public accountant to | 4939 |
perform a financial audit of the corporation at least once every | 4940 |
year. | 4941 |
(K) A provision authorizing a majority of the disinterested | 4942 |
directors to remove a director for misconduct, as that term may be | 4943 |
defined in the articles or regulations of the corporation. The | 4944 |
removal of a director under this division creates a vacancy on the | 4945 |
board that the governor shall fill by appointment for the | 4946 |
remainder of the term of office of the vacated seat. | 4947 |
Sec. 187.03. (A) JobsOhio may perform such functions as | 4948 |
permitted and shall perform such duties as prescribed by law and | 4949 |
as set forth in any contract entered into under section 187.04 of | 4950 |
the Revised Code, but shall not be considered a state or public | 4951 |
department, agency, office, body, institution, or instrumentality | 4952 |
for purposes of section 1.60 or Chapter 102., 121., 125., or 149. | 4953 |
of the Revised Code. JobsOhio and its board of directors are not | 4954 |
subject to the following sections of Chapter 1702. of the Revised | 4955 |
Code: sections 1702.03, 1702.08, 1702.09, 1702.21, 1702.24, | 4956 |
1702.26, 1702.27, 1702.28, 1702.29, 1702.301, 1702.33, 1702.34, | 4957 |
1702.37, 1702.38, 1702.40 to 1702.52, 1702.521, 1702.54, 1702.57, | 4958 |
1702.58, 1702.59, 1702.60, 1702.80, and 1702.99. Nothing in this | 4959 |
division shall be construed to impair the powers and duties of the | 4960 |
Ohio ethics commission described in section 102.06 of the Revised | 4961 |
Code to investigate and enforce section 102.02 of the Revised Code | 4962 |
with regard to individuals required to file statements under | 4963 |
division (B)(2) of this section. | 4964 |
(B)(1) Directors and employees of JobsOhio are not employees | 4965 |
or officials of the state and, except as provided in division | 4966 |
(B)(2) of this section, are not subject to Chapter 102., 124., | 4967 |
145., or 4117. of the Revised Code. | 4968 |
(2) The chief investment officer, any other officer or | 4969 |
employee with significant administrative, supervisory, | 4970 |
contracting, or investment authority, and any director of JobsOhio | 4971 |
shall file, with the Ohio ethics commission, a financial | 4972 |
disclosure statement pursuant to section 102.02 of the Revised | 4973 |
Code that includes, in place of the information required by | 4974 |
divisions (A)(2), (7), (8), and (9) of that section, the | 4975 |
information required by divisions (A) and (B) of section 102.022 | 4976 |
of the Revised Code. The governor shall comply with all applicable | 4977 |
requirements of section 102.02 of the Revised Code. | 4978 |
(3) Actual or in-kind expenditures for the travel, meals, or | 4979 |
lodging of the governor or of any public official or employee | 4980 |
designated by the governor for the purpose of this division shall | 4981 |
not be considered a violation of section 102.03 of the Revised | 4982 |
Code if the expenditures are made by the corporation, or on behalf | 4983 |
of the corporation by any person, in connection with the | 4984 |
governor's performance of official duties related to JobsOhio. The | 4985 |
governor may designate any person, including a person who is a | 4986 |
public official or employee as defined in section 102.01 of the | 4987 |
Revised Code, for the purpose of this division if such | 4988 |
expenditures are made on behalf of the person in connection with | 4989 |
the governor's performance of official duties related to JobsOhio. | 4990 |
A public official or employee so designated by the governor shall | 4991 |
comply with all applicable requirements of section 102.02 of the | 4992 |
Revised Code. | 4993 |
At the times and frequency agreed to under division (B)(2)(b) | 4994 |
of section 187.04 of the Revised Code, beginning in 2012, the | 4995 |
corporation shall file with the | 4996 |
agency a written report of all such expenditures paid or incurred | 4997 |
during the preceding calendar year. The report shall state the | 4998 |
dollar value and purpose of each expenditure, the date of each | 4999 |
expenditure, the name of the person that paid or incurred each | 5000 |
expenditure, and the location, if any, where services or benefits | 5001 |
of an expenditure were received, provided that any such | 5002 |
information that may disclose proprietary information as defined | 5003 |
in division (C) of this section shall not be included in the | 5004 |
report. | 5005 |
(4) The prohibition applicable to former public officials or | 5006 |
employees in division (A)(1) of section 102.03 of the Revised Code | 5007 |
does not apply to any person appointed to be a director or hired | 5008 |
as an employee of JobsOhio. | 5009 |
(5) Notwithstanding division (A)(2) of section 145.01 of the | 5010 |
Revised Code, any person who is a former state employee shall no | 5011 |
longer be considered a public employee for purposes of Chapter | 5012 |
145. of the Revised Code upon commencement of employment with | 5013 |
JobsOhio. | 5014 |
(6) Any director, officer, or employee of JobsOhio may | 5015 |
request an advisory opinion from the Ohio ethics commission with | 5016 |
regard to questions concerning the provisions of sections 102.02 | 5017 |
and 102.022 of the Revised Code to which the person is subject. | 5018 |
(C) Meetings of the board of directors at which a quorum of | 5019 |
the board is required to be physically present pursuant to | 5020 |
division (F) of section 187.01 of the Revised Code shall be open | 5021 |
to the public except, by a majority vote of the directors present | 5022 |
at the meeting, such a meeting may be closed to the public only | 5023 |
for one or more of the following purposes: | 5024 |
(1) To consider business strategy of the corporation; | 5025 |
(2) To consider proprietary information belonging to | 5026 |
potential applicants or potential recipients of business | 5027 |
recruitment, retention, or creation incentives. For the purposes | 5028 |
of this division, "proprietary information" means marketing plans, | 5029 |
specific business strategy, production techniques and trade | 5030 |
secrets, financial projections, or personal financial statements | 5031 |
of applicants or members of the applicants' immediate family, | 5032 |
including, but not limited to, tax records or other similar | 5033 |
information not open to the public inspection. | 5034 |
(3) To consider legal matters, including litigation, in which | 5035 |
the corporation is or may be involved; | 5036 |
(4) To consider personnel matters related to an individual | 5037 |
employee of the corporation. | 5038 |
(D) The board of directors shall establish a reasonable | 5039 |
method whereby any person may obtain the time and place of all | 5040 |
public meetings described in division (C) of this section. The | 5041 |
method shall provide that any person, upon request and payment of | 5042 |
a reasonable fee, may obtain reasonable advance notification of | 5043 |
all such meetings. | 5044 |
(E) The board of directors shall promptly prepare, file, and | 5045 |
maintain minutes of all public meetings described in division (C) | 5046 |
of this section. | 5047 |
(F) Not later than March 1, 2012, and the first day of March | 5048 |
of each year thereafter, the chief investment officer of JobsOhio | 5049 |
shall prepare and submit a report of the corporation's activities | 5050 |
for the preceding year to the governor, the speaker and minority | 5051 |
leader of the house of representatives, and the president and | 5052 |
minority leader of the senate. The annual report shall include the | 5053 |
following: | 5054 |
(1) An analysis of the state's economy; | 5055 |
(2) A description of the structure, operation, and financial | 5056 |
status of the corporation; | 5057 |
(3) A description of the corporation's strategy to improve | 5058 |
the state economy and the standards of measure used to evaluate | 5059 |
its progress; | 5060 |
(4) An evaluation of the performance of current strategies | 5061 |
and major initiatives; | 5062 |
(5) An analysis of any statutory or administrative barriers | 5063 |
to successful economic development, business recruitment, and job | 5064 |
growth in the state identified by JobsOhio during the preceding | 5065 |
year. | 5066 |
Sec. 187.04. (A) The director of development services, as | 5067 |
soon as practical after | 5068 |
February 18, 2011, shall execute a contract with JobsOhio for the | 5069 |
corporation to assist the director and the | 5070 |
development services agency with providing services or otherwise | 5071 |
carrying out the functions or duties of the | 5072 |
including the operation and management of programs, offices, | 5073 |
divisions, or boards, as may be determined by the director in | 5074 |
consultation with the governor. The approval or disapproval of | 5075 |
awards involving public money shall remain functions of the | 5076 |
5077 | |
incentives
involving public money shall be between the | 5078 |
agency and the recipient and shall be enforced by the | 5079 |
agency. JobsOhio may not execute contracts obligating the | 5080 |
5081 | |
awards recommended by JobsOhio to the
| 5082 |
execution, all contracts between the director and JobsOhio entered | 5083 |
into under this section that obligate the agency to pay JobsOhio | 5084 |
for services rendered are subject to controlling board approval. | 5085 |
The term of | 5086 |
section shall not extend beyond June 30, 2013. Thereafter, the | 5087 |
director and JobsOhio may renew the contract for subsequent fiscal | 5088 |
biennia, but at no time shall a particular contract be effective | 5089 |
for longer than a fiscal biennium of the general assembly | 5090 |
5091 |
JobsOhio's provision of services to the agency as described | 5092 |
in this section shall be pursuant to a contract entered into under | 5093 |
this section. If at any time the director determines that the | 5094 |
contract with JobsOhio may not be renewed for the subsequent | 5095 |
fiscal biennium, the director shall notify JobsOhio of the | 5096 |
director's decision not later than one hundred twenty days prior | 5097 |
to the end of the current fiscal biennium. If the director does | 5098 |
not provide such written notice to JobsOhio prior to one hundred | 5099 |
days before the end of the current fiscal biennium, the contract | 5100 |
shall be renewed upon such terms as the parties may agree, subject | 5101 |
to the requirements of this section. | 5102 |
(B) A contract entered into under this section shall include | 5103 |
all of the following: | 5104 |
(1) Terms assigning to the corporation the duties of advising | 5105 |
and assisting the director | 5106 |
evaluation of the | 5107 |
recommendations under section 187.05 of the Revised Code; | 5108 |
(2) Terms designating records created or received by JobsOhio | 5109 |
that shall be made available to the public under the same | 5110 |
conditions as are public records under section 149.43 of the | 5111 |
Revised Code. Documents designated to be made available to the | 5112 |
public pursuant to the contract shall be kept on file with the | 5113 |
5114 |
Among records to be designated under this division shall be | 5115 |
the following: | 5116 |
(a) The corporation's federal income tax returns; | 5117 |
(b) The report of expenditures described in division (B)(3) | 5118 |
of section 187.03 of the Revised Code. The records shall be filed | 5119 |
with the | 5120 |
to by the corporation and the | 5121 |
be less frequently than quarterly. | 5122 |
(c) The annual total compensation paid to each officer and | 5123 |
employee of the corporation; | 5124 |
(d) A copy of the audit report for each financial audit of | 5125 |
the corporation performed by an independent certified public | 5126 |
accountant pursuant to division (J) of section 187.01 of the | 5127 |
Revised Code. | 5128 |
(e) Records of any fully executed incentive proposals, to be | 5129 |
filed annually; | 5130 |
(f) Records pertaining to the monitoring of commitments made | 5131 |
by incentive recipients, to be filed annually; | 5132 |
(g) A copy of the minutes of all public meetings described in | 5133 |
division (C) of section 187.03 of the Revised Code not otherwise | 5134 |
closed to the public. | 5135 |
(3) The following statement acknowledging that JobsOhio is | 5136 |
not acting as an agent of the state: | 5137 |
"JobsOhio shall have no power or authority to bind the state | 5138 |
or to assume or create an obligation or responsibility, expressed | 5139 |
or implied, on behalf of the state or in its name, nor shall | 5140 |
JobsOhio represent to any person that it has any such power or | 5141 |
authority, except as expressly provided in this contract." | 5142 |
(C) Records created or received by JobsOhio are not public | 5143 |
records for the purposes of section 149.43 of the Revised Code, | 5144 |
regardless of who may have custody of the records, unless the | 5145 |
record is designated to be available to the public by the contract | 5146 |
under division (B)(2) of this section. | 5147 |
(D) Any contract executed under authority of this section | 5148 |
shall not negate, impair, or otherwise adversely affect the | 5149 |
obligation of this state to pay debt charges on securities | 5150 |
executed by the director | 5151 |
of state, Ohio public facilities commission, or any other issuing | 5152 |
authority under Chapter 122., 151., 165., or 166. of the Revised | 5153 |
Code to fund economic development programs of the state, or to | 5154 |
abide by any pledge or covenant relating to the payment of those | 5155 |
debt charges made in any related proceedings. As used in this | 5156 |
division, "debt charges," "proceedings," and "securities" have the | 5157 |
same meanings as in section 133.01 of the Revised Code. | 5158 |
(E) Nothing in this section, other than the requirement of | 5159 |
controlling board approval, shall prohibit the | 5160 |
from contracting with JobsOhio to perform any of the following | 5161 |
functions: | 5162 |
(1) Promoting and advocating for the state; | 5163 |
(2) Making recommendations to the | 5164 |
(3) Performing research for the | 5165 |
(4) Establishing and managing programs or offices on behalf | 5166 |
of the | 5167 |
(5) Negotiating on behalf of the state. | 5168 |
(F) Nothing in this section, other than the requirement of | 5169 |
controlling board approval, shall prohibit the | 5170 |
from compensating JobsOhio from funds currently appropriated to | 5171 |
the
| 5172 |
division (E) of this section. | 5173 |
Sec. 187.05. The director of development services, as soon | 5174 |
as practical after | 5175 |
2011, shall, in consultation with the governor, evaluate all | 5176 |
powers, functions, and duties of the | 5177 |
services agency. Within six months after | 5178 |
February 18, 2011, the director shall submit a report to the | 5179 |
general assembly recommending statutory changes necessary to | 5180 |
improve the functioning and efficiency of the
| 5181 |
and to transfer specified powers, functions, and duties of the | 5182 |
5183 | |
JobsOhio, or eliminate specified powers, functions, or duties. The | 5184 |
recommendations shall be submitted in writing to the speaker and | 5185 |
minority leader of the house of representatives and the president | 5186 |
and minority leader of the senate. | 5187 |
After submitting the report, the director, in consultation | 5188 |
with the governor, shall continue to evaluate the | 5189 |
agency and make additional recommendations on such matters to the | 5190 |
general assembly. | 5191 |
Sec. 929.03. (A)(1) No public entity with authority to levy | 5192 |
special assessments on real property shall collect an assessment | 5193 |
for purposes of sewer, water, or electrical service on real | 5194 |
property that is within an agricultural district as described in | 5195 |
division (A)(2) of this section without the permission of the | 5196 |
owner, except that any assessment may be collected on a lot | 5197 |
surrounding a dwelling or other structure not used in agricultural | 5198 |
production that does not exceed one acre or the minimum area | 5199 |
required by local zoning or subdivision rules, whichever is the | 5200 |
greater area. | 5201 |
(2) For purposes of division (A)(1) of this section, an | 5202 |
agricultural district is such a district that is established: | 5203 |
(a) In the case of counties, prior to the adoption of a | 5204 |
resolution of necessity by a board of county commissioners, | 5205 |
pursuant to section 6103.05 or 6117.06 of the Revised Code; | 5206 |
(b) In the case of municipal corporations, prior to whichever | 5207 |
of the following occurs first: | 5208 |
(i) The adoption of the resolution of necessity by the | 5209 |
municipal legislative authority, pursuant to section 727.12 or | 5210 |
729.02 of the Revised Code; | 5211 |
(ii) The service of notice on all or some of the owners to be | 5212 |
assessed pursuant to section 729.06 of the Revised Code; | 5213 |
(iii) The adoption of the resolution or ordinance by the | 5214 |
municipal legislative authority declaring the necessity for the | 5215 |
improvement, the costs of which are to be assessed under | 5216 |
procedures authorized by a municipal charter adopted pursuant to | 5217 |
Section 7 of Article XVIII, Ohio Constitution, or, if no such | 5218 |
ordinance or resolution is required under the charter, the service | 5219 |
of the first notice on all or some of the owners of lands to be | 5220 |
assessed, or the adoption of the first ordinance or resolution by | 5221 |
the municipal legislative authority pertaining to the assessment | 5222 |
proceedings under the charter. | 5223 |
(c) In the case of a regional water and sewer district | 5224 |
established pursuant to Chapter 6119. of the Revised Code, prior | 5225 |
to the adoption of a resolution of necessity by the board of | 5226 |
trustees of the district under section 6119.25 of the Revised | 5227 |
Code. | 5228 |
(B) For each special assessment levied by a public entity on | 5229 |
real property within an agricultural district for purposes of | 5230 |
sewer, water, or electrical service, the county auditor shall make | 5231 |
and maintain a list showing: | 5232 |
(1) The name of the owner of each lot, tract, or parcel of | 5233 |
land that is exempt from the collection of the special assessment | 5234 |
under this section; | 5235 |
(2) A description of the exempt land; | 5236 |
(3) The purpose of the special assessment; | 5237 |
(4) The amount of the uncollected assessment on the exempt | 5238 |
land. | 5239 |
In the case of a county project constructed under Chapter | 5240 |
6103. or 6117. of the Revised Code, the county auditor may use a | 5241 |
list provided for in those chapters in lieu of the list required | 5242 |
by division (B) of this section. The auditor shall also record in | 5243 |
the water works record required by section 6103.16 of the Revised | 5244 |
Code or the sewer improvement record required by section 6117.33 | 5245 |
of the Revised Code those assessments not collected under this | 5246 |
section. The recording of the assessments does not permit the | 5247 |
collection of the assessments until such time as exempt lands are | 5248 |
withdrawn from agricultural districts or converted to | 5249 |
nonagricultural use. | 5250 |
(C) If at any time any of the owner's exempt land, other than | 5251 |
a lot sold or transferred to a son, daughter, brother, sister, | 5252 |
mother, or father for the purpose of constructing a dwelling in | 5253 |
which the relative will reside for at least three years, is | 5254 |
withdrawn from an agricultural district or if the owner of the | 5255 |
exempt land uses on that land the service for which the special | 5256 |
assessment was assessed, the public entity may collect the entire | 5257 |
uncollected assessment, except as otherwise provided in this | 5258 |
division, in addition to an amount equal to the rate of interest | 5259 |
that any bonds or notes issued for the project for which the | 5260 |
assessment was made did bear for the number of years the land was | 5261 |
exempted, not to exceed twenty-five or the number of years for | 5262 |
which the bonds or notes were issued, whichever is the lesser | 5263 |
number. The owner shall notify the county auditor of any | 5264 |
withdrawal from a district or use of the service within ninety | 5265 |
days following the withdrawal or use of the service. The charge | 5266 |
shall constitute a lien of the public entity upon the land and | 5267 |
shall continue until discharged. All liens shall be recorded in | 5268 |
the appropriate county recorder's office. Moneys collected as a | 5269 |
result of the charge shall be deposited in the appropriate fund of | 5270 |
the public entity that levied the special assessment. | 5271 |
If the owner of exempt land sells or transfers a lot to | 5272 |
the owner's son, daughter, brother, sister, mother, or father for | 5273 |
the purpose of constructing a dwelling in which the relative will | 5274 |
reside for at least three years, and if the owner or the buyer of | 5275 |
the lot uses the service for which the special assessment was | 5276 |
assessed only to provide service to that lot, the owner of the lot | 5277 |
shall pay only that portion of the uncollected assessment and | 5278 |
interest that applies to the lot. | 5279 |
If at any time any part of an owner's exempt land is | 5280 |
appropriated, the owner shall pay only that portion of the | 5281 |
uncollected assessment and interest that applies to the | 5282 |
appropriated parcel of land. | 5283 |
In lieu of immediate payment of the uncollected assessment | 5284 |
and interest, the board of county commissioners, legislative | 5285 |
authority of a municipal corporation, or other governing board of | 5286 |
any other public entity may, upon the request of the owner, | 5287 |
establish an extended repayment schedule for the owner. If the | 5288 |
board, legislative authority, or other governing board establishes | 5289 |
such a schedule, it shall notify the county auditor of the | 5290 |
schedule. | 5291 |
| 5292 |
5293 | |
5294 | |
5295 | |
5296 | |
5297 | |
5298 | |
5299 | |
5300 | |
5301 | |
5302 | |
5303 | |
5304 | |
5305 | |
5306 |
Sec. 1551.01. As used in this chapter: | 5307 |
(A) "Governmental agency" means the United States government | 5308 |
or any department, agency, or instrumentality thereof; any | 5309 |
department, agency, or instrumentality of a state government; any | 5310 |
municipal corporation, county, township, board of education, or | 5311 |
other political subdivision or any other body corporate and | 5312 |
politic of a state; or any agency, commission, or authority | 5313 |
established under an interstate compact or agreement. | 5314 |
(B) "Energy resource development facility" means any energy | 5315 |
resource development, research, or conservation facility, | 5316 |
including pilot as well as demonstration facilities, and including | 5317 |
undivided or other interests therein, acquired or to be acquired, | 5318 |
or constructed or to be constructed under this chapter or Chapter | 5319 |
6121. or 6123. of the Revised Code, or acquired or to be acquired, | 5320 |
or constructed or to be constructed by a governmental agency or | 5321 |
person with all or a part of the cost thereof being paid from a | 5322 |
loan or grant under such chapters, including all buildings and | 5323 |
facilities that the director of development services determines | 5324 |
necessary for the operation of the facility, together with all | 5325 |
property, rights, easements, and interests that may be required | 5326 |
for the operation of the facility, which facilities may include: | 5327 |
(1) Any building, testing facility, testing device, or | 5328 |
support facilities which would provide experimental, | 5329 |
demonstration, or testing capabilities or services not otherwise | 5330 |
available in this state and which are necessary for the | 5331 |
accomplishment of the purposes of this chapter; | 5332 |
(2) Any method, process, structure, or equipment that is used | 5333 |
to store coal, oil, natural gas, fuel for nuclear reactors, or any | 5334 |
other form of energy; | 5335 |
(3) Any method, process, structure, or equipment that is used | 5336 |
to recover or convert coal, oil, natural gas, steam, or other form | 5337 |
of energy from property located within the state for the purpose | 5338 |
of supplying energy for utilization; | 5339 |
(4) Any method, process, structure, or equipment that is | 5340 |
designed to result in more efficient recovery, conversion, or | 5341 |
utilization of energy resources within the state, including any | 5342 |
scrap tire recovery facility for which a registration certificate | 5343 |
or permit has been issued under section 3734.78 of the Revised | 5344 |
Code; | 5345 |
(5) Any improvement that is designed to improve the thermal | 5346 |
efficiency of a building or structure or reduce the fuel or power | 5347 |
needed to heat, cool, light, ventilate, or provide hot water in a | 5348 |
building or structure; | 5349 |
(6) Any improvement designed to enable the substitution of | 5350 |
coal or alternate fuel, other than natural gas, for natural gas or | 5351 |
a petroleum fuel, or the conversion of coal to other fuels; | 5352 |
(7) Any improvement designed to enable the combustion of high | 5353 |
sulfur coal in compliance with air or water pollution control or | 5354 |
solid waste disposal laws, including, but not limited to, any | 5355 |
facility for processing coal to remove sulfur before combustion of | 5356 |
the coal, for fluidized bed combustion, or for removal of the | 5357 |
sulfur before the products of combustion are emitted or | 5358 |
discharged. | 5359 |
(C) "Cost" as applied to an energy resource development | 5360 |
facility means the cost of acquisition and construction, the cost | 5361 |
of acquisition of all land, rights-of-way, property rights, | 5362 |
easements, franchise rights, and interests required for such | 5363 |
acquisition and construction, the cost of demolishing or removing | 5364 |
any buildings or structures on land so acquired, including the | 5365 |
cost of acquiring any lands to which such buildings or structures | 5366 |
may be moved, the cost of acquiring or constructing and equipping | 5367 |
a principal office and sub-offices of the department of | 5368 |
development, the cost of diverting highways, interchange of | 5369 |
highways, access roads to private property, including the cost of | 5370 |
land or easements for such access roads, the cost of public | 5371 |
utility and common carrier relocation or duplication, the cost of | 5372 |
all machinery, furnishings, and equipment, financing charges, | 5373 |
interest prior to and during construction and for no more than | 5374 |
eighteen months after completion of construction, engineering, | 5375 |
expenses of research and development with respect to the facility, | 5376 |
legal expenses, plans, specifications, surveys, studies, estimates | 5377 |
of cost and revenues, working capital, other expenses necessary or | 5378 |
incident to determining the feasibility or practicability of | 5379 |
acquiring or constructing such facility, administrative expense, | 5380 |
and such other expense as may be necessary or incident to the | 5381 |
acquisition or construction of the facility, the financing of such | 5382 |
acquisition or construction, including the amount authorized in | 5383 |
the resolution of the Ohio water development authority providing | 5384 |
for the issuance of energy resource development revenue bonds to | 5385 |
be paid into any special funds from the proceeds of such bonds, | 5386 |
and the financing of the placing of such facility in operation. | 5387 |
Any obligation, cost, or expense incurred after August 26, 1975, | 5388 |
by any governmental agency or person for surveys, borings, | 5389 |
preparation of plans and specifications, and other engineering | 5390 |
services, or any other cost described above, in connection with | 5391 |
the acquisition or construction of a facility may be regarded as a | 5392 |
part of the cost of such facility and may be reimbursed out of the | 5393 |
proceeds of energy resource development revenue bonds. | 5394 |
(D) "Revenues" means all rentals and other charges received | 5395 |
by the Ohio water development authority for the use or services of | 5396 |
any energy resource development facility, any contract, gift, or | 5397 |
grant received with respect to any energy resource development | 5398 |
facility, and moneys received with respect to the lease, sublease, | 5399 |
sale, including installment sale or conditional sale, or other | 5400 |
disposition of an energy resource development facility, moneys | 5401 |
received in repayment of and for interest on any loans made by the | 5402 |
authority to a person or governmental agency, whether from the | 5403 |
United States or any department, administration, or agency | 5404 |
thereof, or otherwise, proceeds of energy resource development | 5405 |
revenue bonds to the extent that the use thereof for payment of | 5406 |
principal of, premium, if any, or interest on the bonds is | 5407 |
authorized by the authority, proceeds from any insurance, | 5408 |
condemnation, or guaranty pertaining to a facility or property | 5409 |
mortgaged to secure bonds or pertaining to the financing of a | 5410 |
facility, and income and profit from the investment of the | 5411 |
proceeds of energy resource development revenue bonds or of any | 5412 |
revenues. | 5413 |
(E) "Construction," unless the context indicates a different | 5414 |
meaning or intent, includes construction, reconstruction, | 5415 |
enlargement, improvement, or providing furnishings or equipment. | 5416 |
(F) "Energy resource development revenue bonds," unless the | 5417 |
context indicates a different meaning or intent, includes energy | 5418 |
resource development revenue bonds, energy resource development | 5419 |
revenue notes, and energy resource development revenue refunding | 5420 |
bonds. | 5421 |
(G) "Energy" means work or heat that is, or can be, produced | 5422 |
from any fuel or source whatsoever. | 5423 |
(H) "Energy audit" means any process by which energy usage or | 5424 |
costs of heating, cooling, lighting, and climate control in a | 5425 |
building or structure are determined. | 5426 |
(I) "Energy conservation" means preservation of energy | 5427 |
resources by efficient utilization, and reduction of waste. | 5428 |
(J) "Energy conservation measure" means any modification of a | 5429 |
building, structure, machine, appliance, vehicle, improvement, or | 5430 |
process in order to improve its efficiency of energy use or energy | 5431 |
costs. | 5432 |
(K) "Fuel" means petroleum, crude oil, petroleum product, | 5433 |
coal, natural gas, synthetic natural or artificial gas, nuclear, | 5434 |
or other substance used primarily for its energy content. | 5435 |
(L) "Net energy analysis" means the determination of the | 5436 |
amount of energy remaining after all energy outputs have been | 5437 |
subtracted from the energy inputs of a given system. | 5438 |
(M) "Department of development" means the development | 5439 |
services agency and "director of development" means the director | 5440 |
of development services. | 5441 |
Sec. 3735.01. As used in this chapter, "department of | 5442 |
development" means the development services agency and "director | 5443 |
of development" means the director of development services. | 5444 |
Sec. 3735.672. (A) On or before the thirty-first day of | 5445 |
March each year, a legislative authority that has entered into an | 5446 |
agreement with a party under section 3735.671 of the Revised Code | 5447 |
shall submit to the director of development services and the board | 5448 |
of education of each school district of which a municipal | 5449 |
corporation or township to which such an agreement applies is a | 5450 |
part a report on all such agreements in effect during the | 5451 |
preceding calendar year. The report shall include the following | 5452 |
information: | 5453 |
(1) The designation, assigned by the director of development | 5454 |
services, of each community reinvestment area within the municipal | 5455 |
corporation or county, and the total population of each area | 5456 |
according to the most recent data available; | 5457 |
(2) The number of agreements and the number of full-time | 5458 |
employees subject to those agreements within each area, each | 5459 |
according to the most recent data available and identified and | 5460 |
categorized by the appropriate standard industrial code, and the | 5461 |
rate of unemployment in the municipal corporation or county in | 5462 |
which the area is located for each year since the area was | 5463 |
certified; | 5464 |
(3) The number of agreements approved and executed during the | 5465 |
calendar year for which the report is submitted, the total number | 5466 |
of agreements in effect on the thirty-first day of December of the | 5467 |
preceding calendar year, the number of agreements that expired | 5468 |
during the calendar year for which the report is submitted, and | 5469 |
the number of agreements scheduled to expire during the calendar | 5470 |
year in which the report is submitted. For each agreement that | 5471 |
expired during the calendar year for which the report is | 5472 |
submitted, the legislative authority shall include the amount of | 5473 |
taxes exempted under the agreement. | 5474 |
(4) The number of agreements receiving compliance reviews by | 5475 |
the tax incentive review council in the municipal corporation or | 5476 |
county during the calendar year for which the report is submitted, | 5477 |
including all of the following information: | 5478 |
(a) The number of agreements the terms of which the party has | 5479 |
complied with, indicating separately for each such agreement the | 5480 |
value of the real property exempted pursuant to the agreement and | 5481 |
a comparison of the stipulated and actual schedules for hiring new | 5482 |
employees, for retaining existing employees, and for the amount of | 5483 |
payroll of the party attributable to these employees; | 5484 |
(b) The number of agreements the terms of which a party has | 5485 |
failed to comply with, indicating separately for each such | 5486 |
agreement the value of the real and personal property exempted | 5487 |
pursuant to the agreement and a comparison of the stipulated and | 5488 |
actual schedules for hiring new employees, for retaining existing | 5489 |
employees, and for the amount of payroll of the enterprise | 5490 |
attributable to these employees; | 5491 |
(c) The number of agreements about which the tax incentive | 5492 |
review council made recommendations to the legislative authority, | 5493 |
and the number of such recommendations that have not been | 5494 |
followed; | 5495 |
(d) The number of agreements rescinded during the calendar | 5496 |
year for which the report is submitted. | 5497 |
(5) The number of parties subject to agreements that expanded | 5498 |
within each area, including the number of new employees hired and | 5499 |
existing employees retained by that party, and the number of new | 5500 |
parties subject to agreements that established within each area, | 5501 |
including the number of new employees hired by each party; | 5502 |
(6) For each agreement in effect during any part of the | 5503 |
preceding year, the number of employees employed by the party at | 5504 |
the property that is the subject of the agreement immediately | 5505 |
prior to formal approval of the agreement, the number of employees | 5506 |
employed by the party at that property on the thirty-first day of | 5507 |
December of the preceding year, the payroll of the party for the | 5508 |
preceding year, the amount of taxes paid on real property that was | 5509 |
exempted under the agreement, and the amount of such taxes that | 5510 |
were not paid because of the exemption. | 5511 |
(B) Upon the failure of a municipal corporation or county to | 5512 |
comply with division (A) of this section: | 5513 |
(1) Beginning on the first day of April of the calendar year | 5514 |
in which the municipal corporation or county fails to comply with | 5515 |
that division, the municipal corporation or county shall not enter | 5516 |
into any agreements under section 3735.671 of the Revised Code | 5517 |
until the municipal corporation or county has complied with | 5518 |
division (A) of this section. | 5519 |
(2) On the first day of each ensuing calendar month until the | 5520 |
municipal corporation or county complies with that division, the | 5521 |
director of development services shall either order the proper | 5522 |
county auditor to deduct from the next succeeding payment of taxes | 5523 |
to the municipal corporation or county under section 321.31, | 5524 |
321.32, 321.33, or 321.34 of the Revised Code an amount equal to | 5525 |
five hundred dollars for each calendar month the municipal | 5526 |
corporation or county fails to comply with that division, or order | 5527 |
the county auditor to deduct such an amount from the next | 5528 |
succeeding payment to the municipal corporation or county from the | 5529 |
undivided local government fund under section 5747.51 of the | 5530 |
Revised Code. At the time such a payment is made, the county | 5531 |
auditor shall comply with the director's order by issuing a | 5532 |
warrant, drawn on the fund from which such money would have been | 5533 |
paid, to the director of development services, who shall deposit | 5534 |
the warrant into the state community reinvestment area program | 5535 |
administration fund created in division (C) of this section. | 5536 |
(C) The director, by rule, shall establish the state's | 5537 |
application fee for applications submitted to a municipal | 5538 |
corporation or county to enter into an agreement under section | 5539 |
3735.671 of the Revised Code. In establishing the amount of the | 5540 |
fee, the director shall consider the state's cost of administering | 5541 |
the community reinvestment area program, including the cost of | 5542 |
reviewing the reports required under division (A) of this section. | 5543 |
The director may change the amount of the fee at such times and in | 5544 |
such increments as the director considers necessary. Any municipal | 5545 |
corporation or county that receives an application shall collect | 5546 |
the application fee and remit the fee for deposit in the state | 5547 |
treasury to the credit of the | 5548 |
business assistance fund created in section 122.174 of the Revised | 5549 |
Code. | 5550 |
Sec. 3746.35. (A) Not later than September 1, 1996, and not | 5551 |
later than the first day of September of each subsequent year, the | 5552 |
director of environmental protection shall prepare and submit to | 5553 |
the chairpersons of the respective standing committees of the | 5554 |
senate and house of representatives primarily responsible for | 5555 |
considering environmental and taxation matters a report regarding | 5556 |
the voluntary action program established under this chapter and | 5557 |
rules adopted under it and the tax abatements granted pursuant to | 5558 |
sections 5709.87 and 5709.88 of the Revised Code for properties | 5559 |
where voluntary actions were conducted. Each annual report shall | 5560 |
include, without limitation, all of the following: | 5561 |
(1) Both of the following for each property for which a | 5562 |
covenant not to sue was issued under section 3746.12 of the | 5563 |
Revised Code during the preceding calendar year: | 5564 |
(a) The address of the property and name of the person who | 5565 |
undertook the voluntary action at the property; | 5566 |
(b) Whether the applicable standards governing the voluntary | 5567 |
action were the interim standards established in section 3746.07 | 5568 |
of the Revised Code or the generic numerical clean-up standards | 5569 |
established in rules adopted under division (B)(1) of section | 5570 |
3746.04 of the Revised Code, were established through the | 5571 |
performance of a risk assessment pursuant to rules adopted under | 5572 |
division (B)(2) of section 3746.04 of the Revised Code, or were | 5573 |
set forth in a variance issued under section 3746.09 of the | 5574 |
Revised Code. | 5575 |
(2) All of the following for each property for which a | 5576 |
variance was issued under section 3746.09 of the Revised Code | 5577 |
during the preceding calendar year: | 5578 |
(a) The address of the property and the name of the person to | 5579 |
whom the variance was issued; | 5580 |
(b) A summary of the alternative standards and terms and | 5581 |
conditions of the variance and brief description of the | 5582 |
improvement in environmental conditions at the property that is | 5583 |
anticipated to result from compliance with the alternative | 5584 |
standards and terms and conditions set forth in the variance; | 5585 |
(c) A brief description of the economic benefits to the | 5586 |
person to whom the variance was issued and the community in which | 5587 |
the property is located that are anticipated to result from the | 5588 |
undertaking of the voluntary action in compliance with the | 5589 |
alternative standards and terms and conditions set forth in the | 5590 |
variance. | 5591 |
(3) The number of audits performed under section 3746.17 of | 5592 |
the Revised Code during the preceding calendar year and, in | 5593 |
connection with each of them, at least the following information: | 5594 |
(a) The address of the property in connection with which the | 5595 |
audit was performed and the name of the person who undertook the | 5596 |
voluntary action at the property; | 5597 |
(b) An indication as to whether the audit was a random audit | 5598 |
or was conducted in accordance with the priorities established in | 5599 |
rules adopted under divisions (A)(9)(a) to (f) of section 3746.04 | 5600 |
of the Revised Code and, if the audit was conducted in accordance | 5601 |
with those priorities, an indication as to which of them resulted | 5602 |
in the selection of the voluntary action for an audit; | 5603 |
(c) A brief summary of the findings of the audit and any | 5604 |
action taken by the environmental protection agency as a result of | 5605 |
those findings. | 5606 |
(4) The number of covenants not to sue revoked during the | 5607 |
preceding calendar year through the operation of divisions | 5608 |
(A)(2)(c) and (B) of section 3746.12, division (B)(2) of section | 5609 |
3746.18, and division (B) of section 3746.19 of the Revised Code | 5610 |
and for each property for which a covenant was revoked, at least | 5611 |
both of the following: | 5612 |
(a) The address of the property affected by the revocation | 5613 |
and name of the person who undertook the voluntary action at the | 5614 |
property; | 5615 |
(b) The reason for the revocation. | 5616 |
(5) The amount of money credited to the voluntary action | 5617 |
administration fund created in section 3746.16 of the Revised Code | 5618 |
during the preceding fiscal year from the fees established in | 5619 |
divisions (D) and (H) of section 3746.07 and division (C) of | 5620 |
section 3746.13 of the Revised Code and from civil penalties | 5621 |
imposed under section 3746.22 of the Revised Code. The report | 5622 |
shall indicate the amount of money that arose from each of the | 5623 |
fees and from the civil penalties. The report also shall include | 5624 |
the amount of money expended from the fund during the preceding | 5625 |
fiscal year by program category, including, without limitation, | 5626 |
the amount expended for conducting audits under section 3746.17 of | 5627 |
the Revised Code during the preceding fiscal year. | 5628 |
(6) For each property that is receiving a tax abatement under | 5629 |
section 5709.87 of the Revised Code for the preceding tax year, | 5630 |
the amount of the valuation exempted from real property taxation | 5631 |
for that tax year under that section. In order to comply with | 5632 |
division (A)(6) of this section, the director shall include in the | 5633 |
annual report the report required | 5634 |
5635 | |
section. | 5636 |
5637 | |
5638 | |
5639 |
(7) For each property that is receiving a tax abatement | 5640 |
pursuant to an agreement with a municipal corporation or county | 5641 |
entered into under section 5709.88 of the Revised Code, the amount | 5642 |
of the valuation exempted from real or personal property taxation. | 5643 |
In order to comply with division (A)(7) of this section, the | 5644 |
director shall include in the annual report the report required | 5645 |
5646 | |
division (C) of this section. | 5647 |
5648 | |
5649 | |
5650 |
(B)(1) Not later than March 31, 1996, the county auditor of | 5651 |
each county in which is located any property that is receiving a | 5652 |
tax abatement under section 5709.87 of the Revised Code shall | 5653 |
report to the director of | 5654 |
each such property both of the following as applicable to tax year | 5655 |
1995: | 5656 |
(a) The address of the property and the name of the owner as | 5657 |
stated in the records of the county auditor of the county in which | 5658 |
the property is located; | 5659 |
(b) The amount of the valuation of the property that was | 5660 |
exempted from real property taxation under that section. | 5661 |
Not later than the thirty-first day of March of each | 5662 |
subsequent year, each such county auditor shall report the | 5663 |
information described in those divisions to the director of | 5664 |
5665 | |
county that is receiving a tax abatement under that section for | 5666 |
the preceding tax year. | 5667 |
(2) Not later than July 1, 1996, and not later than the first | 5668 |
day of July of each subsequent year, the director of | 5669 |
environmental protection shall compile the information provided to | 5670 |
the director under division (B)(1) of this section applicable to | 5671 |
the preceding tax year into a report covering all of the counties | 5672 |
in the state in which are located properties receiving a tax | 5673 |
abatement under section 5709.87 of the Revised Code for the | 5674 |
preceding tax year | 5675 |
5676 | |
5677 | |
5678 | |
5679 |
(C) Not later than July 1, 1996, and not later than the first | 5680 |
day of July of each subsequent year, the director of | 5681 |
environmental protection shall compile the information provided to | 5682 |
the director by municipal corporations and counties under division | 5683 |
(A) of section 5709.882 of the Revised Code applicable to the | 5684 |
preceding calendar year into a report covering, by county, all of | 5685 |
the municipal corporations and counties in this state in which are | 5686 |
located properties receiving a tax abatement pursuant to an | 5687 |
agreement entered into under section 5709.88 of the Revised Code | 5688 |
5689 | |
5690 | |
5691 | |
5692 | |
5693 |
Sec. 5117.22. All petroleum violation escrow funds received | 5694 |
by this state from the federal government shall be deposited in | 5695 |
the state treasury to the credit of the energy oil overcharge | 5696 |
fund, which is hereby created. The fund shall be used by the | 5697 |
5698 | |
and assistance programs approved by the United States department | 5699 |
of energy. All investment earnings of the fund shall be credited | 5700 |
to the fund. | 5701 |
Sec. 5701.15. As used in Title LVII of the Revised Code, | 5702 |
"department of development" means the development services agency | 5703 |
and "director of development" means the director of development | 5704 |
services. | 5705 |
Sec. 5709.68. (A) On or before the thirty-first day of March | 5706 |
each year, a municipal corporation or county that has entered into | 5707 |
an agreement with an enterprise under section 5709.62, 5709.63, or | 5708 |
5709.632 of the Revised Code shall submit to the director of | 5709 |
development services and the board of education of each school | 5710 |
district of which a municipal corporation or township to which | 5711 |
such an agreement applies is a part a report on all of those | 5712 |
agreements in effect during the preceding calendar year. The | 5713 |
report shall include all of the following information: | 5714 |
(1) The designation, assigned by the director of development | 5715 |
services, of each urban jobs and enterprise zone within the | 5716 |
municipal corporation or county, the date each zone was certified, | 5717 |
the name of each municipal corporation or township within each | 5718 |
zone, and the total population of each zone according to the most | 5719 |
recent data available; | 5720 |
(2) The number of enterprises that are subject to those | 5721 |
agreements and the number of full-time employees subject to those | 5722 |
agreements within each zone, each according to the most recent | 5723 |
data available and identified and categorized by the appropriate | 5724 |
standard industrial code, and the rate of unemployment in the | 5725 |
municipal corporation or county in which the zone is located for | 5726 |
each year since each zone was certified; | 5727 |
(3) The number of agreements approved and executed during the | 5728 |
calendar year for which the report is submitted, the total number | 5729 |
of agreements in effect on the thirty-first day of December of the | 5730 |
preceding calendar year, the number of agreements that expired | 5731 |
during the calendar year for which the report is submitted, and | 5732 |
the number of agreements scheduled to expire during the calendar | 5733 |
year in which the report is submitted. For each agreement that | 5734 |
expired during the calendar year for which the report is | 5735 |
submitted, the municipal corporation or county shall include the | 5736 |
amount of taxes exempted and the estimated dollar value of any | 5737 |
other incentives provided under the agreement. | 5738 |
(4) The number of agreements receiving compliance reviews by | 5739 |
the tax incentive review council in the municipal corporation or | 5740 |
county during the calendar year for which the report is submitted, | 5741 |
including all of the following information: | 5742 |
(a) The number of agreements the terms of which an enterprise | 5743 |
has complied with, indicating separately for each agreement the | 5744 |
value of the real and personal property exempted pursuant to the | 5745 |
agreement and a comparison of the stipulated and actual schedules | 5746 |
for hiring new employees, for retaining existing employees, for | 5747 |
the amount of payroll of the enterprise attributable to these | 5748 |
employees, and for investing in establishing, expanding, | 5749 |
renovating, or occupying a facility; | 5750 |
(b) The number of agreements the terms of which an enterprise | 5751 |
has failed to comply with, indicating separately for each | 5752 |
agreement the value of the real and personal property exempted | 5753 |
pursuant to the agreement and a comparison of the stipulated and | 5754 |
actual schedules for hiring new employees, for retaining existing | 5755 |
employees, for the amount of payroll of the enterprise | 5756 |
attributable to these employees, and for investing in | 5757 |
establishing, expanding, renovating, or occupying a facility; | 5758 |
(c) The number of agreements about which the tax incentive | 5759 |
review council made recommendations to the legislative authority | 5760 |
of the municipal corporation or county, and the number of those | 5761 |
recommendations that have not been followed; | 5762 |
(d) The number of agreements rescinded during the calendar | 5763 |
year for which the report is submitted. | 5764 |
(5) The number of enterprises that are subject to agreements | 5765 |
that expanded within each zone, including the number of new | 5766 |
employees hired and existing employees retained by each | 5767 |
enterprise, and the number of new enterprises that are subject to | 5768 |
agreements and that established within each zone, including the | 5769 |
number of new employees hired by each enterprise; | 5770 |
(6)(a) The number of enterprises that are subject to | 5771 |
agreements and that closed or reduced employment at any place of | 5772 |
business within the state for the primary purpose of establishing, | 5773 |
expanding, renovating, or occupying a facility, indicating | 5774 |
separately for each enterprise the political subdivision in which | 5775 |
the enterprise closed or reduced employment at a place of business | 5776 |
and the number of full-time employees transferred and retained by | 5777 |
each such place of business; | 5778 |
(b) The number of enterprises that are subject to agreements | 5779 |
and that closed or reduced employment at any place of business | 5780 |
outside the state for the primary purpose of establishing, | 5781 |
expanding, renovating, or occupying a facility. | 5782 |
(7) For each agreement in effect during any part of the | 5783 |
preceding year, the number of employees employed by the enterprise | 5784 |
at the project site immediately prior to formal approval of the | 5785 |
agreement, the number of employees employed by the enterprise at | 5786 |
the project site on the thirty-first day of December of the | 5787 |
preceding year, the payroll of the enterprise for the preceding | 5788 |
year, the amount of taxes paid on tangible personal property | 5789 |
situated at the project site and the amount of those taxes that | 5790 |
were not paid because of the exemption granted under the | 5791 |
agreement, and the amount of taxes paid on real property | 5792 |
constituting the project site and the amount of those taxes that | 5793 |
were not paid because of the exemption granted under the | 5794 |
agreement. If an agreement was entered into under section 5709.632 | 5795 |
of the Revised Code with an enterprise described in division | 5796 |
(B)(2) of that section, the report shall include the number of | 5797 |
employee positions at all of the enterprise's locations in this | 5798 |
state. If an agreement is conditioned on a waiver issued under | 5799 |
division (B) of section 5709.633 of the Revised Code on the basis | 5800 |
of the circumstance described in division (B)(3)(a) or (b) of that | 5801 |
section, the report shall include the number of employees at the | 5802 |
facilities referred to in division (B)(3)(a)(i) or (b)(i) of that | 5803 |
section, respectively. | 5804 |
(B) Upon the failure of a municipal corporation or county to | 5805 |
comply with division (A) of this section: | 5806 |
(1) Beginning on the first day of April of the calendar year | 5807 |
in which the municipal corporation or county fails to comply with | 5808 |
that division, the municipal corporation or county shall not enter | 5809 |
into any agreements with an enterprise under section 5709.62, | 5810 |
5709.63, or 5709.632 of the Revised Code until the municipal | 5811 |
corporation or county has complied with division (A) of this | 5812 |
section. | 5813 |
(2) On the first day of each ensuing calendar month until the | 5814 |
municipal corporation or county complies with division (A) of this | 5815 |
section, the director of development services shall either order | 5816 |
the proper county auditor to deduct from the next succeeding | 5817 |
payment of taxes to the municipal corporation or county under | 5818 |
section 321.31, 321.32, 321.33, or 321.34 of the Revised Code an | 5819 |
amount equal to one thousand dollars for each calendar month the | 5820 |
municipal corporation or county fails to comply with that | 5821 |
division, or order the county auditor to deduct that amount from | 5822 |
the next succeeding payment to the municipal corporation or county | 5823 |
from the undivided local government fund under section 5747.51 of | 5824 |
the Revised Code. At the time such a payment is made, the county | 5825 |
auditor shall comply with the director's order by issuing a | 5826 |
warrant, drawn on the fund from which the money would have been | 5827 |
paid, to the director of development services, who shall deposit | 5828 |
the warrant into the state enterprise zone program administration | 5829 |
fund created in division (C) of this section. | 5830 |
(C) The director, by rule, shall establish the state's | 5831 |
application fee for applications submitted to a municipal | 5832 |
corporation or county to enter into an agreement under section | 5833 |
5709.62, 5709.63, or 5709.632 of the Revised Code. In establishing | 5834 |
the amount of the fee, the director shall consider the state's | 5835 |
cost of administering the enterprise zone program, including the | 5836 |
cost of reviewing the reports required under division (A) of this | 5837 |
section. The director may change the amount of the fee at the | 5838 |
times and in the increments the director considers necessary. Any | 5839 |
municipal corporation or county that receives an application shall | 5840 |
collect the application fee and remit the fee for deposit in the | 5841 |
state treasury to the credit of the | 5842 |
5843 | |
the Revised Code. | 5844 |
(D) On or before the thirtieth day of June each year, the | 5845 |
director of development services shall certify to the tax | 5846 |
commissioner the information described under division (A)(7) of | 5847 |
this section, derived from the reports submitted to the director | 5848 |
under this section. | 5849 |
On the basis of the information certified under this | 5850 |
division, the tax commissioner annually shall submit a report to | 5851 |
the governor, the speaker of the house of representatives, the | 5852 |
president of the senate, and the chairpersons of the ways and | 5853 |
means committees of the respective houses of the general assembly, | 5854 |
indicating for each enterprise zone the amount of state and local | 5855 |
taxes that were not required to be paid because of exemptions | 5856 |
granted under agreements entered into under section 5709.62, | 5857 |
5709.63, or 5709.632 of the Revised Code and the amount of | 5858 |
additional taxes paid from the payroll of new employees. | 5859 |
Sec. 5709.882. (A) On or before the thirty-first day of | 5860 |
March each year, a municipal corporation or county that has | 5861 |
entered into an agreement with an enterprise under section 5709.88 | 5862 |
of the Revised Code shall submit to the | 5863 |
development services and environmental protection and the board of | 5864 |
education of each school district of which a municipal corporation | 5865 |
or county to which such an agreement applies is a part a report on | 5866 |
all such agreements in effect during the preceding calendar year. | 5867 |
The report shall include all of the following information: | 5868 |
(1) The number of enterprises that are subject to such | 5869 |
agreements and the number of full-time employees subject to those | 5870 |
agreements in the county or municipal corporation; | 5871 |
(2) The number of agreements approved and executed during the | 5872 |
calendar year for which the report is submitted, the total number | 5873 |
of agreements in effect on the thirty-first day of December of the | 5874 |
preceding calendar year, the number of agreements that expired | 5875 |
during the calendar year for which the report is submitted, and | 5876 |
the number of agreements scheduled to expire during the calendar | 5877 |
year in which the report is submitted. For each agreement that | 5878 |
expired during the calendar year for which the report is | 5879 |
submitted, the municipal corporation or county shall include the | 5880 |
amount of taxes exempted and the estimated dollar value of any | 5881 |
other incentives provided under the agreement. | 5882 |
(3) The number of agreements receiving compliance reviews by | 5883 |
the tax incentive review council in the municipal corporation or | 5884 |
county under section 5709.883 of the Revised Code during the | 5885 |
calendar year for which the report is submitted, including all of | 5886 |
the following information: | 5887 |
(a) The number of agreements the terms of which an enterprise | 5888 |
has complied with, indicating separately for each such agreement | 5889 |
the value of the real and personal property exempted pursuant to | 5890 |
the agreement and a comparison of the stipulated and actual | 5891 |
schedules for hiring new employees, for retaining existing | 5892 |
employees, for the amount of payroll of the enterprise | 5893 |
attributable to these employees, and for remediating and investing | 5894 |
in establishing, expanding, renovating, or occupying a facility; | 5895 |
(b) The number of agreements the terms of which an enterprise | 5896 |
has failed to comply with, indicating separately for each such | 5897 |
agreement the value of the real and personal property exempted | 5898 |
pursuant to the agreement and a comparison of the stipulated and | 5899 |
actual schedules for hiring new employees, for retaining existing | 5900 |
employees, for the amount of payroll of the enterprise | 5901 |
attributable to these employees, and for remediating and investing | 5902 |
in establishing, expanding, renovating, or occupying a facility; | 5903 |
(c) The number of agreements about which the tax incentive | 5904 |
review council made recommendations to the legislative authority | 5905 |
of the municipal corporation or county, and the number of such | 5906 |
recommendations that have not been followed; | 5907 |
(d) The number of agreements rescinded during the calendar | 5908 |
year for which the report is submitted. | 5909 |
(4) The number of enterprises that are subject to agreements | 5910 |
and the number of new employees hired and existing employees | 5911 |
retained by each such enterprise; | 5912 |
(5)(a) The number of enterprises that are subject to | 5913 |
agreements and that closed or reduced employment at any place of | 5914 |
business within the state for the primary purpose of remediating | 5915 |
and establishing, expanding, renovating, or occupying a facility, | 5916 |
indicating separately for each such enterprise the political | 5917 |
subdivision in which the enterprise closed or reduced employment | 5918 |
at a place of business and the number of full-time employees | 5919 |
transferred and retained by each such place of business; | 5920 |
(b) The number of enterprises that are subject to agreements | 5921 |
and that closed or reduced employment at any place of business | 5922 |
outside the state for the primary purpose of remediating and | 5923 |
establishing, expanding, renovating, or occupying a facility. | 5924 |
(B) Upon the failure of a municipal corporation or county to | 5925 |
comply with division (A) of this section, both of the following | 5926 |
apply: | 5927 |
(1) Beginning on the first day of April of the calendar year | 5928 |
in which the municipal corporation or county fails to comply with | 5929 |
that division, the municipal corporation or county shall not enter | 5930 |
into any agreements with an enterprise under section 5709.88 of | 5931 |
the Revised Code until the municipal corporation or county has | 5932 |
complied with division (A) of this section; | 5933 |
(2) On the first day of each ensuing calendar month until the | 5934 |
municipal corporation or county complies with that division, the | 5935 |
director of development services shall either order the proper | 5936 |
county auditor to deduct from the next succeeding payment of taxes | 5937 |
to the municipal corporation or county under section 321.31, | 5938 |
321.32, 321.33, or 321.34 of the Revised Code an amount equal to | 5939 |
five hundred dollars for each calendar month the municipal | 5940 |
corporation or county fails to comply with that division, or order | 5941 |
the county auditor to deduct such an amount from the next | 5942 |
succeeding payment to the municipal corporation or county from the | 5943 |
undivided local government fund under section 5747.51 of the | 5944 |
Revised Code. At the time such a payment is made, the county | 5945 |
auditor shall comply with the director's order by issuing a | 5946 |
warrant, drawn on the fund from which such money would have been | 5947 |
paid, to the director of development services, who shall deposit | 5948 |
the warrant into the contaminated sites development program | 5949 |
administration fund created in division (C) of this section. | 5950 |
(C) The director, by rule, shall establish the state's | 5951 |
application fee for applications submitted to a municipal | 5952 |
corporation or county to enter into an agreement under section | 5953 |
5709.88 of the Revised Code. In establishing the amount of the | 5954 |
fee, the director shall consider the state's cost of administering | 5955 |
this section and section 5709.88 of the Revised Code. The director | 5956 |
may change the amount of the fee at such times and in such | 5957 |
increments as | 5958 |
corporation or county that receives an application shall collect | 5959 |
the application fee and remit the fee for deposit in the state | 5960 |
treasury to the credit of the contaminated sites development | 5961 |
program administration fund, which is hereby created. Money | 5962 |
credited to the fund shall be used by the | 5963 |
development services agency to pay the costs of administering this | 5964 |
section and section 5709.88 of the Revised Code. | 5965 |
Sec. 6103.052. (A) | 5966 |
5967 | |
5968 | |
5969 | |
5970 | |
5971 | |
5972 | |
5973 | |
5974 | |
5975 |
| 5976 |
period provided by section 6103.05 of the Revised Code for the | 5977 |
filing of written objections, any owner of property which is | 5978 |
classified on the general tax list of the county auditor as | 5979 |
agricultural land and has been assessed for the extension of a | 5980 |
main water line over or along such property under sections 6103.02 | 5981 |
to 6103.30 of the Revised Code may file with the board of county | 5982 |
commissioners a request in writing for deferment of the collection | 5983 |
of | 5984 |
5985 | |
5986 | |
aid in the establishment of new industrial plants, the expansion | 5987 |
of existing industrial plants, or such other industrial | 5988 |
development, or provides water facilities to aid in the | 5989 |
establishment of commercial and residential developments. Such | 5990 |
request shall identify the property in connection with which the | 5991 |
request for deferment is made, shall describe its present use and | 5992 |
present classification on the general tax list of the county | 5993 |
auditor, shall state its estimated market value, showing | 5994 |
separately the value of the land and the value of the buildings | 5995 |
thereon, shall state the reasons, if any, why a portion of the | 5996 |
benefit of the improvement will not be realized until the use of | 5997 |
the land is changed, and shall state the amount to be deferred. | 5998 |
The board shall promptly consider such request and may order the | 5999 |
deferment of the collection of that portion of the assessment | 6000 |
representing a benefit from the improvement that will not be | 6001 |
realized until the use of the land is changed. The board may, upon | 6002 |
request of an owner whose property has been assessed for the | 6003 |
extension of a main water line over or along such property under | 6004 |
sections 6103.02 to 6103.31 of the Revised Code, defer all or any | 6005 |
part of the assessment on property which is classified on the | 6006 |
general tax list of the county auditor as agricultural land, by | 6007 |
attributing the amount of such assessment or part thereof as | 6008 |
tap-in charges, if the main water line | 6009 |
6010 | |
6011 | |
6012 | |
6013 | |
6014 | |
6015 | |
6016 | |
6017 | |
provides water facilities to aid in the establishment of new | 6018 |
industrial plants, the expansion of existing industrial plants, or | 6019 |
such other industrial development, or provides water facilities to | 6020 |
aid in the establishment of commercial and residential | 6021 |
developments. Upon determination and approval of final | 6022 |
assessments, the board of county commissioners shall certify all | 6023 |
deferred assessments and a fee equal to | 6024 |
6025 | |
6026 | |
the deferred assessments to the county auditor. For purposes of | 6027 |
this section, "assessment," "deferred assessment," or "assessment | 6028 |
deferred under this section" mean the fee and the deferred | 6029 |
assessment certified to the county auditor. The county auditor | 6030 |
shall record an assessment deferred under this section in the | 6031 |
water works record. Such record shall be kept until such time as | 6032 |
the assessments are paid in full or certified for collection in | 6033 |
installments as provided in this section. During the time when the | 6034 |
assessment is deferred there shall be a lien on the property | 6035 |
assessed, which lien shall arise at the time of recordation by the | 6036 |
county auditor and shall be in force until the assessments are | 6037 |
paid in full or certified for collection in installments. | 6038 |
| 6039 |
collection of an assessment, except the amount of such assessment | 6040 |
or part thereof attributable as tap-in charges, which has been | 6041 |
deferred pursuant to division | 6042 |
January 1, 1987, beyond the expiration of the maximum time for the | 6043 |
original deferment if the property owner requests in writing, no | 6044 |
later than six months prior to the expiration of the original | 6045 |
deferment, that the assessment be further deferred and as long as | 6046 |
the property owner's land could qualify for placement in an | 6047 |
agricultural district pursuant to section 929.02 of the Revised | 6048 |
Code. | 6049 |
The board shall regularly review the use and ownership of the | 6050 |
property for which the collection of assessments has been deferred | 6051 |
pursuant to this division, and upon finding that the land could no | 6052 |
longer qualify for placement in an agricultural district pursuant | 6053 |
to section 929.02 of the Revised Code, the board shall immediately | 6054 |
collect, without interest, the full amount of the assessment | 6055 |
deferred | 6056 |
6057 | |
6058 | |
6059 | |
6060 | |
6061 | |
6062 | |
6063 | |
6064 | |
6065 | |
6066 | |
6067 | |
6068 | |
6069 | |
6070 |
| 6071 |
by regular or certified mail to all owners of property on which | 6072 |
assessments have been deferred pursuant to division | 6073 |
section, which lists the expiration of the deferment, not later | 6074 |
than two hundred ten days prior to the expiration of the deferment | 6075 |
of those assessments. | 6076 |
| 6077 |
interest, which have been deferred pursuant to division | 6078 |
this section upon expiration of the maximum time for which | 6079 |
deferments were made | 6080 |
6081 | |
that for a property owner who requests in writing, no later than | 6082 |
six months prior to the expiration of the deferment period, that | 6083 |
payment of | 6084 |
installments, the board of county commissioners upon expiration of | 6085 |
the deferment period may by resolution further certify for | 6086 |
collection pursuant to section 6103.16 of the Revised Code, such | 6087 |
deferred assessments in installments over not more than twenty | 6088 |
years, as determined by the board, together with interest thereon | 6089 |
each year on the unpaid balance at the same rate borne by bonds of | 6090 |
the county which shall be issued in anticipation thereof as | 6091 |
provided in Chapter 133. of the Revised Code | 6092 |
6093 | |
6094 |
Assessments which have been deferred by attribution as tap-in | 6095 |
charges under division | 6096 |
as deferred assessments at that time. | 6097 |
6098 | |
6099 | |
6100 | |
property for which assessments have been deferred under division | 6101 |
6102 | |
approval of the board, designate a part of an entire assessed | 6103 |
tract as the part which the tap-in is to serve, and the board | 6104 |
shall collect the deferred assessment on that tract in the | 6105 |
proportion that the part bears to the entire tract, on a front | 6106 |
foot or other basis approved by the commission, but if in the | 6107 |
judgment of the board the tap-in is reasonably intended to serve | 6108 |
the entire tract or substantially all of the tract, it shall | 6109 |
collect the deferred assessment for the entire tract. | 6110 |
Prior to the expiration of the maximum time of deferment, the | 6111 |
board shall regularly review the use of the property for which the | 6112 |
collection of assessments has been deferred and upon finding | 6113 |
6114 | |
has changed from the use at the time of the deferment so that the | 6115 |
benefit of the improvement can then be realized, the board shall | 6116 |
immediately collect the full amount of the assessment for the | 6117 |
portion of the property for which the use has so changed, without | 6118 |
interest | 6119 |
6120 | |
6121 | |
6122 | |
6123 | |
6124 | |
6125 | |
6126 | |
6127 | |
6128 | |
6129 | |
6130 | |
6131 | |
6132 | |
6133 | |
6134 | |
6135 | |
6136 |
Sec. 6117.062. (A) | 6137 |
6138 | |
6139 | |
6140 | |
6141 | |
6142 | |
6143 | |
6144 | |
6145 | |
6146 |
| 6147 |
period provided by section 6117.06 of the Revised Code for the | 6148 |
filing of written objections, any owner of property which is | 6149 |
classified on the general tax list of the county auditor as | 6150 |
agricultural land and has been assessed for the extension of a | 6151 |
trunk sewer line over or along such property under sections | 6152 |
6117.01 to 6117.45 of the Revised Code may file with the board of | 6153 |
county commissioners a request in writing for deferment of the | 6154 |
collection of | 6155 |
6156 | |
6157 | |
establishment of new industrial plants, the expansion of existing | 6158 |
industrial plants, or such other industrial development, or | 6159 |
provides sewer facilities to aid in the establishment of | 6160 |
commercial and residential developments. Such request shall | 6161 |
identify the property in connection with which the request for | 6162 |
deferment is made, shall describe its present use and present | 6163 |
classification on the general tax list of the county auditor, | 6164 |
shall state its estimated market value, showing separately the | 6165 |
value of the land and the value of the buildings thereon, shall | 6166 |
state the reasons, if any, why a portion of the benefit of the | 6167 |
improvement will not be realized until the use of the land is | 6168 |
changed, and shall state the amount to be deferred. The board | 6169 |
shall promptly consider such request and may order the deferment | 6170 |
of the collection of that portion of the assessment representing a | 6171 |
benefit from the improvement which will not be realized until the | 6172 |
use of the land is changed. The board may, upon request of an | 6173 |
owner whose property has been assessed for the extension of a | 6174 |
trunk sewer line over or along such property under sections | 6175 |
6117.01 to 6117.45 of the Revised Code, defer all or any part of | 6176 |
the assessment on property which is classified on the general tax | 6177 |
list as agricultural land, by attributing the amount of such | 6178 |
assessment or part thereof as tap-in charges, if the trunk sewer | 6179 |
line | 6180 |
6181 | |
6182 | |
6183 | |
6184 | |
6185 | |
6186 | |
6187 | |
provides sewer facilities to aid in the establishment of new | 6188 |
industrial plants, the expansion of existing industrial plants, or | 6189 |
such other industrial development, or provides sewer facilities to | 6190 |
aid in the establishment of commercial and residential | 6191 |
developments. Upon determination and approval of final | 6192 |
assessments, the board of county commissioners shall certify all | 6193 |
deferred assessments and a fee equal to | 6194 |
6195 | |
6196 | |
cent of the amount of the deferred assessments to the county | 6197 |
auditor. For purposes of this section, "assessment," "deferred | 6198 |
assessment," or "assessment deferred under this section" mean the | 6199 |
fee and the deferred assessment certified to the county auditor. | 6200 |
The county auditor shall record an assessment deferred under this | 6201 |
section in the sewer improvement record. Such record shall be kept | 6202 |
until such time as the assessments are paid in full or certified | 6203 |
for collection in installments as provided in this section. During | 6204 |
the time when the assessment is deferred there shall be a lien on | 6205 |
the property assessed, which lien shall arise at the time of | 6206 |
recordation by the county auditor and which shall be in force | 6207 |
until the assessments are paid in full or certified for collection | 6208 |
in installments. | 6209 |
| 6210 |
collection of an assessment, except the amount of such assessment | 6211 |
or part thereof attributable as tap-in charges, which has been | 6212 |
deferred pursuant to division | 6213 |
January 1, 1987, beyond the expiration of the maximum time for the | 6214 |
original deferment if the property owner requests in writing, no | 6215 |
later than six months prior to the expiration of the original | 6216 |
deferment, that the assessment be further deferred and as long as | 6217 |
the property owner's land could qualify for placement in an | 6218 |
agricultural district pursuant to section 929.02 of the Revised | 6219 |
Code. | 6220 |
The board shall regularly review the use and ownership of the | 6221 |
property for which the collection of assessments has been deferred | 6222 |
pursuant to this division, and upon finding that the land could no | 6223 |
longer qualify for placement in an agricultural district pursuant | 6224 |
to section 929.02 of the Revised Code, the board shall immediately | 6225 |
collect, without interest, the full amount of the assessment | 6226 |
deferred | 6227 |
6228 | |
6229 | |
6230 | |
6231 | |
6232 | |
6233 | |
6234 | |
6235 | |
6236 | |
6237 | |
6238 | |
6239 | |
6240 | |
6241 |
| 6242 |
by regular or certified mail to all owners of property on which | 6243 |
assessments have been deferred pursuant to division | 6244 |
section, which lists the expiration of the deferment, not later | 6245 |
than two hundred ten days prior to the expiration of the deferment | 6246 |
of those assessments. | 6247 |
| 6248 |
which have been deferred pursuant to division | 6249 |
section upon expiration of the maximum time for which deferments | 6250 |
were made | 6251 |
6252 | |
property owner who requests in writing, no later than six months | 6253 |
prior to the expiration of the deferment period, that payment of | 6254 |
6255 | |
county commissioners upon expiration of the deferment period may | 6256 |
by resolution further certify for collection pursuant to section | 6257 |
6117.33 of the Revised Code, such deferred assessments in | 6258 |
installments over not more than twenty years, as determined by the | 6259 |
board, together with interest thereon each year on the unpaid | 6260 |
balance at the same rate borne by bonds of the county which shall | 6261 |
be issued in anticipation thereof as provided in Chapter 133. of | 6262 |
the Revised Code | 6263 |
6264 | |
expiration of the maximum time of deferment, the board shall | 6265 |
regularly review the use of the property for which the collection | 6266 |
of assessments has been deferred and upon finding | 6267 |
6268 | |
the use at the time of the deferment so that the benefit of the | 6269 |
improvement can then be realized, the board shall immediately | 6270 |
collect the full amount of the assessment for the portion of the | 6271 |
property for which the use has so changed, without interest | 6272 |
6273 | |
6274 | |
6275 | |
6276 | |
6277 | |
6278 | |
6279 | |
6280 | |
6281 | |
6282 | |
6283 | |
6284 | |
6285 | |
6286 | |
6287 | |
6288 | |
6289 |
Section 2. That existing sections 9.981, 102.03, 121.02, | 6290 |
121.03, 121.22, 122.01, 122.011, 122.07, 122.071, 122.17, 122.171, | 6291 |
122.174, 122.175, 122.39, 122.41, 122.42, 122.43, 122.44, 122.48, | 6292 |
122.49, 122.50, 122.51, 122.52, 122.53, 122.561, 122.57, 122.60, | 6293 |
122.601, 122.602, 122.603, 122.61, 122.62, 122.64, 122.76, 122.80, | 6294 |
122.86, 149.43, 164.05, 164.06, 164.08, 166.01, 166.04, 166.05, | 6295 |
166.13, 166.14, 166.18, 166.19, 166.25, 166.30, 174.01, 184.01, | 6296 |
187.01, 187.03, 187.04, 187.05, 929.03, 1551.01, 3735.672, | 6297 |
3746.35, 5117.22, 5709.68, 5709.882, 6103.052, and 6117.062 and | 6298 |
sections 1525.11, 1525.12, 1525.13, and 6111.034 of the Revised | 6299 |
Code are hereby repealed. | 6300 |
Section 3. Section 122.40 of the Revised Code is hereby | 6301 |
repealed, effective July 1, 2012. | 6302 |
Section 4. In enacting this act, it is the intent of the | 6303 |
General Assembly that changing the name of the "Department of | 6304 |
Development" to the Development Services Agency and the name of | 6305 |
the "Director of Development" to the Director of Development | 6306 |
Services does not do either of the following: | 6307 |
(A) Make substantive changes in statutory law; | 6308 |
(B) Cause unnecessary expense. The letterhead, forms, printed | 6309 |
materials, and signage displaying the former name of the | 6310 |
Department may be used until they are replaced. | 6311 |
Section 5. Upon the effective date of this act, all | 6312 |
references to the Department of Development or Director of | 6313 |
Development in other uncodified sections of law in Am. Sub. H.B. | 6314 |
153 of the 129th General Assembly and Am. Sub. H.B. 114 of the | 6315 |
129th General Assembly, shall be deemed to refer to the | 6316 |
Development Services Agency or the Director of Development | 6317 |
Services, respectively. | 6318 |
Section 6. (A) There is hereby established a five-year pilot | 6319 |
program to test a new funding mechanism for the state's travel and | 6320 |
tourism marketing. The funding mechanism shall begin operation in | 6321 |
fiscal year 2014 and be calculated as follows: | 6322 |
(1)(a) Not later than the twentieth day of October of each | 6323 |
year, starting in 2013 and ending in 2017, the Tax Commissioner | 6324 |
shall calculate the growth in fiscal year sales tax revenue from | 6325 |
certain defined categories that are related to tourism and certify | 6326 |
that amount to the Director of Budget and Management. | 6327 |
(b) Not later than the twentieth day of October of each year, | 6328 |
starting in 2013 and ending in 2017, the Commissioner shall | 6329 |
calculate and certify to the Director the difference, if greater | 6330 |
than zero, between the revenue collected from the tax imposed | 6331 |
under section 5739.02 of the Revised Code during the twelve-month | 6332 |
period ending on the last day of the preceding June and the | 6333 |
revenue collected during the same twelve-month period one year | 6334 |
earlier, for all vendors classified under the industry codes | 6335 |
identified in division (A)(2) of this section. On or before the | 6336 |
last day of October of each year, starting in 2013 and ending in | 6337 |
2017, the Director of Budget and Management shall transfer from | 6338 |
the General Revenue Fund to the Tourism Fund created in section | 6339 |
122.072 of the Revised Code the amount certified by the | 6340 |
Commissioner under this division, except that the transfer shall | 6341 |
not exceed ten million dollars for any fiscal year. | 6342 |
(c) Each fiscal year, beginning in fiscal year 2015, the Tax | 6343 |
Commissioner shall adjust the ten million annual dollar limit on | 6344 |
transfers to the Tourism Fund. The adjustment shall be made by | 6345 |
adding to the annual limit the product of multiplying the limit | 6346 |
for the preceding fiscal year by the sum of one plus the | 6347 |
percentage increase in the Consumer Price Index for all urban | 6348 |
consumers for the Midwest region, as determined by the United | 6349 |
States Bureau of Labor Statistics, for the twelve-month period | 6350 |
corresponding to the preceding fiscal year. The result shall be | 6351 |
rounded to the nearest one thousand dollars. The calculation of | 6352 |
the percentage increase in the Consumer Price Index shall be done | 6353 |
by taking the average index value over the twelve months of the | 6354 |
last completed fiscal year and comparing that to the average index | 6355 |
value over the twelve months of the immediately preceding fiscal | 6356 |
year. | 6357 |
(2) The following industries included in the industrial | 6358 |
classification system used by the Tax Commissioner shall be used | 6359 |
in the computations under division (A)(1) of this section: air | 6360 |
transportation; water transportation; interurban and rural bus | 6361 |
transportation; taxi service; limousine service; other transit and | 6362 |
ground passenger transportation; scenic and sightseeing | 6363 |
transportation; support activities for air transportation; | 6364 |
automotive equipment rental and leasing; travel arrangement and | 6365 |
reservation services; performing arts companies; spectator sports; | 6366 |
independent artists, writers, and performers; museums, historical | 6367 |
sites, and similar institutions; amusement parks and arcades; | 6368 |
gambling industries; hotels and motels; casino hotels; | 6369 |
bed-and-breakfast inns; other travel accommodations; recreational | 6370 |
vehicle parks and recreational camps; full-service restaurants; | 6371 |
limited-service eating places; drinking places (alcoholic | 6372 |
beverages). | 6373 |
(B) The pilot program shall terminate when the last transfer | 6374 |
of funds made in accordance with division (A)(1)(b) of this | 6375 |
section occurs in fiscal year 2018, specifically in October 2017. | 6376 |
At that time, the Director of Development Services, the Director | 6377 |
of Budget and Management, and the Tax Commissioner shall jointly | 6378 |
review the pilot program and make recommendations to the Governor | 6379 |
and the General Assembly on whether to make the funding mechanism | 6380 |
permanent and, if so, whether any changes should be made to it. If | 6381 |
the recommendation is to make the funding mechanism permanent, the | 6382 |
Director of Development Services, the Director of Budget and | 6383 |
Management, and the Tax Commissioner shall also study and make | 6384 |
recommendations to the Governor and the General Assembly as to | 6385 |
whether the Office of TourismOhio and its functions should be | 6386 |
removed from the Development Services Agency and established as a | 6387 |
private nonprofit corporation or a subsidiary corporation of | 6388 |
JobsOhio. | 6389 |
Section 7. (A) As used in this section, "federal act" means | 6390 |
the "Small Business Liability Relief and Brownfields | 6391 |
Revitalization Act," 115 Stat. 2356 (2002), 42 U.S.C. 9601 and | 6392 |
9604. | 6393 |
(B) There is hereby created in the state treasury the | 6394 |
Brownfields Revolving Loan Fund. The Fund shall consist of all | 6395 |
moneys received by the state from the United States Department of | 6396 |
Environmental Protection under the federal act. The Fund shall be | 6397 |
used to make grants and loans by the Director of Development | 6398 |
Services. | 6399 |
(C) The Director shall administer moneys received into the | 6400 |
Fund and comply with all requirements imposed by the federal act | 6401 |
in its application for, and administration of, the funds as grants | 6402 |
and loans. | 6403 |
(D) The Director shall establish a schedule of fees and | 6404 |
charges payable by grant and loan recipients to the Director for | 6405 |
the administration of this section. | 6406 |
Section 8. The amendments by this act to sections 9.981, | 6407 |
121.22, 122.39, 122.41, 122.42, 122.43, 122.44, 122.48, 122.49, | 6408 |
122.50, 122.51, 122.52, 122.53, 122.561, 122.57, 122.61, 122.62, | 6409 |
122.64, 166.04, 166.05, 166.13, 166.14, 166.18, 166.19, 166.25, | 6410 |
and 166.30 of the Revised Code take effect July 1, 2012. | 6411 |
Section 9. Section 122.42 of the Revised Code is presented | 6412 |
in this act as a composite of the section as amended by both Am. | 6413 |
Sub. H.B. 117 and Am. Sub. H.B. 356 of the 121st General Assembly. | 6414 |
The General Assembly, applying the principle stated in division | 6415 |
(B) of section 1.52 of the Revised Code that amendments are to be | 6416 |
harmonized if reasonably capable of simultaneous operation, finds | 6417 |
that the composite is the resulting version of the section in | 6418 |
effect prior to the effective date of the section as presented in | 6419 |
this act. | 6420 |
Section 10. Section 149.43 of the Revised Code is presented | 6421 |
in this act as a composite of the section as amended by both Sub. | 6422 |
H.B. 64 and Am. Sub. H.B. 153 of the 129th General Assembly. The | 6423 |
General Assembly, applying the principle stated in division (B) of | 6424 |
section 1.52 of the Revised Code that amendments are to be | 6425 |
harmonized if reasonably capable of simultaneous operation, finds | 6426 |
that the composite is the resulting version of the section in | 6427 |
effect prior to the effective date of the section as presented in | 6428 |
this act. | 6429 |