Am. Sub. S. B. No. 314 As Passed by the Senate

As Passed by the Senate

129th General Assembly

Regular Session

2011-2012

Am. Sub. S. B. No. 314

Senators Wagoner, Cafaro

Cosponsors: Senators Beagle, Lehner, Manning, Obhof, Widener, Oelslager, Bacon, Balderson, Burke, Coley, Eklund, Faber, Hite, Jones, LaRose, Niehaus, Patton, Peterson, Schaffer, Seitz

A BILL

To amend sections 9.981, 102.03, 121.02, 121.03,

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

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

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

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

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

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

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

166.19, 166.25, 166.30, 174.01, 184.01, 187.01,

187.03, 187.04, 187.05, 929.03, 1551.01, 3735.672,

3746.35, 5117.22, 5709.68, 5709.882, 6103.052, and

6117.062, to amend, for the purpose of adopting

new section numbers as indicated in parentheses,

sections 122.07 (122.073) and 122.071 (122.072),

to enact new sections 122.07 and 122.071 and

sections 122.942, 122.97, 184.011, 187.061,

3735.01, and 5701.15, and to repeal sections

122.40, 1525.11, 1525.12, 1525.13, and 6111.034 of

the Revised Code; to amend Sections 261.10.40,

261.10.70, 261.20.40, 261.20.50, 261.20.60,

261.20.80, 261.20.90, 261.30.10, 261.30.20,

261.30.30, 261.30.40, 261.30.60, 261.30.70,

261.30.80, 261.30.90, and 261.40.10 of Am. Sub.

H.B. 153 of the 129th General Assembly; to amend

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

of the 129th General Assembly, as subsequently

amended by Sub. H.B. 371 of the 129th General

Assembly; and to repeal Sections 261.10.10,

261.10.20, 261.10.30, 261.10.50, 261.10.60,

261.10.80, 261.10.90, 261.20.10, 261.20.20,

261.20.70, and 261.30.50 of Am. Sub. H.B. 153 of

the 129th General Assembly to rename the

Department of Development the "Development

Services Agency"; to establish the Office of

TourismOhio within the Development Services

Agency, create the TourismOhio Advisory Board, and

establish a pilot program to test a new funding

mechanism for the state's travel and tourism

marketing; to modify the operation of JobsOhio,

including by requiring annual ethics training,

ethical conduct statements, and the development of

a gift policy; to makes changes to the Capital

Access Loan Program Fund and to allow transfers to

the Capital Access Loan Program Fund from the

Minority Business Enterprise Loan Fund; to provide

for projects that were started prior to receiving

a tax credit from the Ohio Tax Credit Authority;

to modify reporting requirements under the

Voluntary Action Program; to require the Director

of Development Services to administer federal

funds received for Brownfields revitalization

purposes; to terminate the Water and Sewer

Commission; to terminate the Development Financing

Advisory Council; to require the Director of

Development Services to make certain information

available to the public with respect to each

project for which state-funded financial

assistance is awarded by the Development Services

Agency; to increase the membership of the Third

Frontier Commission; and to make an appropriation.

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

Section 1. That sections 9.981, 102.03, 121.02, 121.03,	61
121.22, 122.01, 122.011, 122.07, 122.071, 122.17, 122.171,	62
122.174, 122.175, 122.39, 122.41, 122.42, 122.43, 122.44, 122.48,	63
122.49, 122.50, 122.51, 122.52, 122.53, 122.561, 122.57, 122.60,	64
122.601, 122.602, 122.603, 122.61, 122.62, 122.64, 122.76, 122.80,	65
122.86, 149.43, 164.05, 164.06, 164.08, 166.01, 166.04, 166.05,	66
166.13, 166.14, 166.18, 166.19, 166.25, 166.30, 174.01, 184.01,	67
187.01, 187.03, 187.04, 187.05, 929.03, 1551.01, 3735.672,	68
3746.35, 5117.22, 5709.68, 5709.882, 6103.052, and 6117.062 be	69
amended, sections 122.07 (122.073) and 122.071 (122.072) be	70
amended for the purpose of adopting new section numbers as	71
indicated in parentheses, and new sections 122.07 and 122.071 and	72
sections 122.942, 122.97, 184.011, 187.061, 3735.01, and 5701.15	73
of the Revised Code be enacted to read as follows:	74

Sec. 9.981. (A) Sections 9.98 to 9.983 of the Revised Code	75
are applicable to bonds:	76

(1) The payment of the debt service on which is to be	77
provided for directly or indirectly by payments contracted to be	78
made in the bond proceedings by the absolute obligors, being	79
persons other than the issuer; and	80

(2) Which are authorized to be issued under sections 122.39	81
and 122.41 to 122.62, Chapter 165., 902., 3377., 3706., division	82
(A)(4) of section 4582.06, division (A)(8) of section 4582.31,	83
section 4582.48, or Chapter 6121. or 6123. of the Revised Code,	84
notwithstanding other provisions therein.	85

(B) Sections 9.98 to 9.983 of the Revised Code are applicable	86
to bonds issued under sections 306.37 and 6119.12 of the Revised	87
Code and Chapters 140., 152., 154., 175., and 349. of the Revised	88
Code, and to any bonds authorized under laws which expressly make	89
those sections applicable.	90

(C) Subject to division (A) of this section, the authority	91
provided in sections 9.98 to 9.983 of the Revised Code is	92
supplemental to and not in derogation of any similar authority	93
provided by, derived from, or implied by, any law, the Ohio	94
Constitution, or any charter, resolution, or ordinance, and no	95
inference shall be drawn to negate the authority thereunder by	96
reason of the express provisions of sections 9.98 to 9.983 of the	97
Revised Code.	98

(D) Sections 9.98 to 9.983 of the Revised Code shall be	99
liberally construed to permit flexibility in the arrangements	100
therein provided to enhance the issuance of such bonds and provide	101
for terms most beneficial and satisfactory to the persons which	102
undertake to provide for their payment, security, and liquidity.	103

Sec. 102.03. (A)(1) No present or former public official or	104
employee shall, during public employment or service or for twelve	105
months thereafter, represent a client or act in a representative	106
capacity for any person on any matter in which the public official	107
or employee personally participated as a public official or	108
employee through decision, approval, disapproval, recommendation,	109
the rendering of advice, investigation, or other substantial	110
exercise of administrative discretion.	111

(2) For twenty-four months after the conclusion of service,	112
no former commissioner or attorney examiner of the public	113
utilities commission shall represent a public utility, as defined	114
in section 4905.02 of the Revised Code, or act in a representative	115
capacity on behalf of such a utility before any state board,	116
commission, or agency.	117

(3) For twenty-four months after the conclusion of employment	118
or service, no former public official or employee who personally	119
participated as a public official or employee through decision,	120
approval, disapproval, recommendation, the rendering of advice,	121
the development or adoption of solid waste management plans,	122
investigation, inspection, or other substantial exercise of	123
administrative discretion under Chapter 343. or 3734. of the	124
Revised Code shall represent a person who is the owner or operator	125
of a facility, as defined in section 3734.01 of the Revised Code,	126
or who is an applicant for a permit or license for a facility	127
under that chapter, on any matter in which the public official or	128
employee personally participated as a public official or employee.	129

(4) For a period of one year after the conclusion of	130
employment or service as a member or employee of the general	131
assembly, no former member or employee of the general assembly	132
shall represent, or act in a representative capacity for, any	133
person on any matter before the general assembly, any committee of	134
the general assembly, or the controlling board. Division (A)(4) of	135
this section does not apply to or affect a person who separates	136
from service with the general assembly on or before December 31,	137
1995. As used in division (A)(4) of this section "person" does not	138
include any state agency or political subdivision of the state.	139

(5) As used in divisions (A)(1), (2), and (3) of this	140
section, "matter" includes any case, proceeding, application,	141
determination, issue, or question, but does not include the	142
proposal, consideration, or enactment of statutes, rules,	143
ordinances, resolutions, or charter or constitutional amendments.	144
As used in division (A)(4) of this section, "matter" includes the	145
proposal, consideration, or enactment of statutes, resolutions, or	146
constitutional amendments. As used in division (A) of this	147
section, "represent" includes any formal or informal appearance	148
before, or any written or oral communication with, any public	149
agency on behalf of any person.	150

(6) Nothing contained in division (A) of this section shall	151
prohibit, during such period, a former public official or employee	152
from being retained or employed to represent, assist, or act in a	153
representative capacity for the public agency by which the public	154
official or employee was employed or on which the public official	155
or employee served.	156

(7) Division (A) of this section shall not be construed to	157
prohibit the performance of ministerial functions, including, but	158
not limited to, the filing or amendment of tax returns,	159
applications for permits and licenses, incorporation papers, and	160
other similar documents.	161

(8) Division (A) of this section does not prohibit a	162
nonelected public official or employee of a state agency, as	163
defined in section 1.60 of the Revised Code, from becoming a	164
public official or employee of another state agency. Division (A)	165
of this section does not prohibit such an official or employee	166
from representing or acting in a representative capacity for the	167
official's or employee's new state agency on any matter in which	168
the public official or employee personally participated as a	169
public official or employee at the official's or employee's former	170
state agency. However, no public official or employee of a state	171
agency shall, during public employment or for twelve months	172
thereafter, represent or act in a representative capacity for the	173
official's or employee's new state agency on any audit or	174
investigation pertaining to the official's or employee's new state	175
agency in which the public official or employee personally	176
participated at the official's or employee's former state agency	177
through decision, approval, disapproval, recommendation, the	178
rendering of advice, investigation, or other substantial exercise	179
of administrative discretion.	180

(9) Division (A) of this section does not prohibit a	181
nonelected public official or employee of a political subdivision	182
from becoming a public official or employee of a different	183
department, division, agency, office, or unit of the same	184
political subdivision. Division (A) of this section does not	185
prohibit such an official or employee from representing or acting	186
in a representative capacity for the official's or employee's new	187
department, division, agency, office, or unit on any matter in	188
which the public official or employee personally participated as a	189
public official or employee at the official's or employee's former	190
department, division, agency, office, or unit of the same	191
political subdivision. As used in this division, "political	192
subdivision" means a county, township, municipal corporation, or	193
any other body corporate and politic that is responsible for	194
government activities in a geographic area smaller than that of	195
the state.	196

(10) No present or former Ohio casino control commission	197
official shall, during public service or for two years thereafter,	198
represent a client, be employed or compensated by a person	199
regulated by the commission, or act in a representative capacity	200
for any person on any matter before or concerning the commission.	201

No present or former commission employee shall, during public	202
employment or for two years thereafter, represent a client or act	203
in a representative capacity on any matter in which the employee	204
personally participated as a commission employee through decision,	205
approval, disapproval, recommendation, the rendering of advice,	206
investigation, or other substantial exercise of administrative	207
discretion.	208

(B) No present or former public official or employee shall	209
disclose or use, without appropriate authorization, any	210
information acquired by the public official or employee in the	211
course of the public official's or employee's official duties that	212
is confidential because of statutory provisions, or that has been	213
clearly designated to the public official or employee as	214
confidential when that confidential designation is warranted	215
because of the status of the proceedings or the circumstances	216
under which the information was received and preserving its	217
confidentiality is necessary to the proper conduct of government	218
business.	219

(C) No public official or employee shall participate within	220
the scope of duties as a public official or employee, except	221
through ministerial functions as defined in division (A) of this	222
section, in any license or rate-making proceeding that directly	223
affects the license or rates of any person, partnership, trust,	224
business trust, corporation, or association in which the public	225
official or employee or immediate family owns or controls more	226
than five per cent. No public official or employee shall	227
participate within the scope of duties as a public official or	228
employee, except through ministerial functions as defined in	229
division (A) of this section, in any license or rate-making	230
proceeding that directly affects the license or rates of any	231
person to whom the public official or employee or immediate	232
family, or a partnership, trust, business trust, corporation, or	233
association of which the public official or employee or the public	234
official's or employee's immediate family owns or controls more	235
than five per cent, has sold goods or services totaling more than	236
one thousand dollars during the preceding year, unless the public	237
official or employee has filed a written statement acknowledging	238
that sale with the clerk or secretary of the public agency and the	239
statement is entered in any public record of the agency's	240
proceedings. This division shall not be construed to require the	241
disclosure of clients of attorneys or persons licensed under	242
section 4732.12 or 4732.15 of the Revised Code, or patients of	243
persons certified under section 4731.14 of the Revised Code.	244

(D) No public official or employee shall use or authorize the	245
use of the authority or influence of office or employment to	246
secure anything of value or the promise or offer of anything of	247
value that is of such a character as to manifest a substantial and	248
improper influence upon the public official or employee with	249
respect to that person's duties.	250

(E) No public official or employee shall solicit or accept	251
anything of value that is of such a character as to manifest a	252
substantial and improper influence upon the public official or	253
employee with respect to that person's duties.	254

(F) No person shall promise or give to a public official or	255
employee anything of value that is of such a character as to	256
manifest a substantial and improper influence upon the public	257
official or employee with respect to that person's duties.	258

(G) In the absence of bribery or another offense under the	259
Revised Code or a purpose to defraud, contributions made to a	260
campaign committee, political party, legislative campaign fund,	261
political action committee, or political contributing entity on	262
behalf of an elected public officer or other public official or	263
employee who seeks elective office shall be considered to accrue	264
ordinarily to the public official or employee for the purposes of	265
divisions (D), (E), and (F) of this section.	266

As used in this division, "contributions," "campaign	267
committee," "political party," "legislative campaign fund,"	268
"political action committee," and "political contributing entity"	269
have the same meanings as in section 3517.01 of the Revised Code.	270

(H)(1) No public official or employee, except for the	271
president or other chief administrative officer of or a member of	272
a board of trustees of a state institution of higher education as	273
defined in section 3345.011 of the Revised Code, who is required	274
to file a financial disclosure statement under section 102.02 of	275
the Revised Code shall solicit or accept, and no person shall give	276
to that public official or employee, an honorarium. Except as	277
provided in division (H)(2) of this section, this division and	278
divisions (D), (E), and (F) of this section do not prohibit a	279
public official or employee who is required to file a financial	280
disclosure statement under section 102.02 of the Revised Code from	281
accepting and do not prohibit a person from giving to that public	282
official or employee the payment of actual travel expenses,	283
including any expenses incurred in connection with the travel for	284
lodging, and meals, food, and beverages provided to the public	285
official or employee at a meeting at which the public official or	286
employee participates in a panel, seminar, or speaking engagement	287
or provided to the public official or employee at a meeting or	288
convention of a national organization to which any state agency,	289
including, but not limited to, any state legislative agency or	290
state institution of higher education as defined in section	291
3345.011 of the Revised Code, pays membership dues. Except as	292
provided in division (H)(2) of this section, this division and	293
divisions (D), (E), and (F) of this section do not prohibit a	294
public official or employee who is not required to file a	295
financial disclosure statement under section 102.02 of the Revised	296
Code from accepting and do not prohibit a person from promising or	297
giving to that public official or employee an honorarium or the	298
payment of travel, meal, and lodging expenses if the honorarium,	299
expenses, or both were paid in recognition of demonstrable	300
business, professional, or esthetic interests of the public	301
official or employee that exist apart from public office or	302
employment, including, but not limited to, such a demonstrable	303
interest in public speaking and were not paid by any person or	304
other entity, or by any representative or association of those	305
persons or entities, that is regulated by, doing business with, or	306
seeking to do business with the department, division, institution,	307
board, commission, authority, bureau, or other instrumentality of	308
the governmental entity with which the public official or employee	309
serves.	310

(2) No person who is a member of the board of a state	311
retirement system, a state retirement system investment officer,	312
or an employee of a state retirement system whose position	313
involves substantial and material exercise of discretion in the	314
investment of retirement system funds shall solicit or accept, and	315
no person shall give to that board member, officer, or employee,	316
payment of actual travel expenses, including expenses incurred	317
with the travel for lodging, meals, food, and beverages.	318

(I) A public official or employee may accept travel, meals,	319
and lodging or expenses or reimbursement of expenses for travel,	320
meals, and lodging in connection with conferences, seminars, and	321
similar events related to official duties if the travel, meals,	322
and lodging, expenses, or reimbursement is not of such a character	323
as to manifest a substantial and improper influence upon the	324
public official or employee with respect to that person's duties.	325
The house of representatives and senate, in their code of ethics,	326
and the Ohio ethics commission, under section 111.15 of the	327
Revised Code, may adopt rules setting standards and conditions for	328
the furnishing and acceptance of such travel, meals, and lodging,	329
expenses, or reimbursement.	330

A person who acts in compliance with this division and any	331
applicable rules adopted under it, or any applicable, similar	332
rules adopted by the supreme court governing judicial officers and	333
employees, does not violate division (D), (E), or (F) of this	334
section. This division does not preclude any person from seeking	335
an advisory opinion from the appropriate ethics commission under	336
section 102.08 of the Revised Code.	337

(J) For purposes of divisions (D), (E), and (F) of this	338
section, the membership of a public official or employee in an	339
organization shall not be considered, in and of itself, to be of	340
such a character as to manifest a substantial and improper	341
influence on the public official or employee with respect to that	342
person's duties. As used in this division, "organization" means a	343
church or a religious, benevolent, fraternal, or professional	344
organization that is tax exempt under subsection 501(a) and	345
described in subsection 501(c)(3), (4), (8), (10), or (19) of the	346
"Internal Revenue Code of 1986." This division does not apply to a	347
public official or employee who is an employee of an organization,	348
serves as a trustee, director, or officer of an organization, or	349
otherwise holds a fiduciary relationship with an organization.	350
This division does not allow a public official or employee who is	351
a member of an organization to participate, formally or	352
informally, in deliberations, discussions, or voting on a matter	353
or to use ~~his~~the public official's or employee's official	354
position with regard to the interests of the organization on the	355
matter if the public official or employee has assumed a particular	356
responsibility in the organization with respect to the matter or	357
if the matter would affect that person's personal, pecuniary	358
interests.	359

(K) It is not a violation of this section for a prosecuting	360
attorney to appoint assistants and employees in accordance with	361
division (B) of section 309.06 and section 2921.421 of the Revised	362
Code, for a chief legal officer of a municipal corporation or an	363
official designated as prosecutor in a municipal corporation to	364
appoint assistants and employees in accordance with sections	365
733.621 and 2921.421 of the Revised Code, for a township law	366
director appointed under section 504.15 of the Revised Code to	367
appoint assistants and employees in accordance with sections	368
504.151 and 2921.421 of the Revised Code, or for a coroner to	369
appoint assistants and employees in accordance with division (B)	370
of section 313.05 of the Revised Code.	371

As used in this division, "chief legal officer" has the same	372
meaning as in section 733.621 of the Revised Code.	373

(L) No present public official or employee with a casino	374
gaming regulatory function shall indirectly invest, by way of an	375
entity the public official or employee has an ownership interest	376
or control in, or directly invest in a casino operator, management	377
company, holding company, casino facility, or gaming-related	378
vendor. No present public official or employee with a casino	379
gaming regulatory function shall directly or indirectly have a	380
financial interest in, have an ownership interest in, be the	381
creditor or hold a debt instrument issued by, or have an interest	382
in a contractual or service relationship with a casino operator,	383
management company, holding company, casino facility, or	384
gaming-related vendor. This section does not prohibit or limit	385
permitted passive investing by the public official or employee.	386

As used in this division, "passive investing" means	387
investment by the public official or employee by means of a mutual	388
fund in which the public official or employee has no control of	389
the investments or investment decisions. "Casino operator,"	390
"holding company," "management company," "casino facility," and	391
"gaming-related vendor" have the same meanings as in section	392
3772.01 of the Revised Code.	393

(M) A member of the Ohio casino control commission, the	394
executive director of the commission, or an employee of the	395
commission shall not:	396

(1) Accept anything of value, including but not limited to a	397
gift, gratuity, emolument, or employment from a casino operator,	398
management company, or other person subject to the jurisdiction of	399
the commission, or from an officer, attorney, agent, or employee	400
of a casino operator, management company, or other person subject	401
to the jurisdiction of the commission;	402

(2) Solicit, suggest, request, or recommend, directly or	403
indirectly, to a casino operator, management company, or other	404
person subject to the jurisdiction of the commission, or to an	405
officer, attorney, agent, or employee of a casino operator,	406
management company, or other person subject to the jurisdiction of	407
the commission, the appointment of a person to an office, place,	408
position, or employment;	409

(3) Participate in casino gaming or any other amusement or	410
activity at a casino facility in this state or at an affiliate	411
gaming facility of a licensed casino operator, wherever located.	412

In addition to the penalty provided in section 102.99 of the	413
Revised Code, whoever violates division (M)(1), (2), or (3) of	414
this section forfeits the individual's office or employment.	415

Sec. 121.02. The following administrative departments and	416
their respective directors are hereby created:	417

(A) The office of budget and management, which shall be	418
administered by the director of budget and management;	419

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

(C) The department of administrative services, which shall be	422
administered by the director of administrative services;	423

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

(E) The department of agriculture, which shall be	426
administered by the director of agriculture;	427

(F) The department of natural resources, which shall be	428
administered by the director of natural resources;	429

(G) The department of health, which shall be administered by	430
the director of health;	431

(H) The department of job and family services, which shall be	432
administered by the director of job and family services;	433

(I) Until July 1, 1997, the department of liquor control,	434
which shall be administered by the director of liquor control;	435

(J) The department of public safety, which shall be	436
administered by the director of public safety;	437

(K) The department of mental health, which shall be	438
administered by the director of mental health;	439

(L) The department of developmental disabilities, which shall	440
be administered by the director of developmental disabilities;	441

(M) The department of insurance, which shall be administered	442
by the superintendent of insurance as director thereof;	443

(N) The ~~department of~~ development services agency, which	444
shall be administered by the director of development services;	445

(O) The department of youth services, which shall be	446
administered by the director of youth services;	447

(P) The department of rehabilitation and correction, which	448
shall be administered by the director of rehabilitation and	449
correction;	450

(Q) The environmental protection agency, which shall be	451
administered by the director of environmental protection;	452

(R) The department of aging, which shall be administered by	453
the director of aging;	454

(S) The department of alcohol and drug addiction services,	455
which shall be administered by the director of alcohol and drug	456
addiction services;	457

(T) The department of veterans services, which shall be	458
administered by the director of veterans services.	459

The director of each department shall exercise the powers and	460
perform the duties vested by law in such department.	461

Sec. 121.03. The following administrative department heads	462
shall be appointed by the governor, with the advice and consent of	463
the senate, and shall hold their offices during the term of the	464
appointing governor, and are subject to removal at the pleasure of	465
the governor.	466

(A) The director of budget and management;

467

(B) The director of commerce;

468

469

(D) The director of agriculture;

470

(E) The director of job and family services;

471

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

472

(G) The director of public safety;

473

(H) The superintendent of insurance;

474

(I) The director of development services;

475

(J) The tax commissioner;

476

(K) The director of administrative services;

477

(L) The director of natural resources;

478

(M) The director of mental health;

479

(N) The director of developmental disabilities;

480

(O) The director of health;

481

(P) The director of youth services;

482

(Q) The director of rehabilitation and correction;

483

(R) The director of environmental protection;

484

(S) The director of aging;

485

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

486

(U) The administrator of workers' compensation who meets the	487
qualifications required under division (A) of section 4121.121 of	488
the Revised Code;	489

(V) The director of veterans services who meets the	490
qualifications required under section 5902.01 of the Revised Code;	491

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

492

Sec. 121.22. (A) This section shall be liberally construed	493
to require public officials to take official action and to conduct	494
all deliberations upon official business only in open meetings	495
unless the subject matter is specifically excepted by law.	496

(B) As used in this section:

497

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

498

(a) Any board, commission, committee, council, or similar	499
decision-making body of a state agency, institution, or authority,	500
and any legislative authority or board, commission, committee,	501
council, agency, authority, or similar decision-making body of any	502
county, township, municipal corporation, school district, or other	503
political subdivision or local public institution;	504

(b) Any committee or subcommittee of a body described in	505
division (B)(1)(a) of this section;	506

(c) A court of jurisdiction of a sanitary district organized	507
wholly for the purpose of providing a water supply for domestic,	508
municipal, and public use when meeting for the purpose of the	509
appointment, removal, or reappointment of a member of the board of	510
directors of such a district pursuant to section 6115.10 of the	511
Revised Code, if applicable, or for any other matter related to	512
such a district other than litigation involving the district. As	513
used in division (B)(1)(c) of this section, "court of	514
jurisdiction" has the same meaning as "court" in section 6115.01	515
of the Revised Code.	516

(2) "Meeting" means any prearranged discussion of the public	517
business of the public body by a majority of its members.	518

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

519

(a) A student in a state or local public educational	520
institution;	521

(b) A person who is, voluntarily or involuntarily, an inmate,	522
patient, or resident of a state or local institution because of	523
criminal behavior, mental illness or retardation, disease,	524
disability, age, or other condition requiring custodial care.	525

(4) "Public office" has the same meaning as in section	526
149.011 of the Revised Code.	527

(C) All meetings of any public body are declared to be public	528
meetings open to the public at all times. A member of a public	529
body shall be present in person at a meeting open to the public to	530
be considered present or to vote at the meeting and for purposes	531
of determining whether a quorum is present at the meeting.	532

The minutes of a regular or special meeting of any public	533
body shall be promptly prepared, filed, and maintained and shall	534
be open to public inspection. The minutes need only reflect the	535
general subject matter of discussions in executive sessions	536
authorized under division (G) or (J) of this section.	537

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

538

(1) A grand jury;

539

(2) An audit conference conducted by the auditor of state or	540
independent certified public accountants with officials of the	541
public office that is the subject of the audit;	542

(3) The adult parole authority when its hearings are	543
conducted at a correctional institution for the sole purpose of	544
interviewing inmates to determine parole or pardon;	545

(4) The organized crime investigations commission established	546
under section 177.01 of the Revised Code;	547

(5) Meetings of a child fatality review board established	548
under section 307.621 of the Revised Code and meetings conducted	549
pursuant to sections 5153.171 to 5153.173 of the Revised Code;	550

(6) The state medical board when determining whether to	551
suspend a certificate without a prior hearing pursuant to division	552
(G) of either section 4730.25 or 4731.22 of the Revised Code;	553

(7) The board of nursing when determining whether to suspend	554
a license or certificate without a prior hearing pursuant to	555
division (B) of section 4723.281 of the Revised Code;	556

(8) The state board of pharmacy when determining whether to	557
suspend a license without a prior hearing pursuant to division (D)	558
of section 4729.16 of the Revised Code;	559

(9) The state chiropractic board when determining whether to	560
suspend a license without a hearing pursuant to section 4734.37 of	561
the Revised Code;	562

(10) The executive committee of the emergency response	563
commission when determining whether to issue an enforcement order	564
or request that a civil action, civil penalty action, or criminal	565
action be brought to enforce Chapter 3750. of the Revised Code;	566

(11) The board of directors of the nonprofit corporation	567
formed under section 187.01 of the Revised Code or any committee	568
thereof, and the board of directors of any subsidiary of that	569
corporation or a committee thereof;	570

(12) An audit conference conducted by the audit staff of the	571
department of job and family services with officials of the public	572
office that is the subject of that audit under section 5101.37 of	573
the Revised Code.	574

(E) The controlling board, the ~~development financing advisory~~	575
~~council, the~~ industrial technology and enterprise advisory	576
council, the tax credit authority, or the minority development	577
financing advisory board, when meeting to consider granting	578
assistance pursuant to Chapter 122. or 166. of the Revised Code,	579
in order to protect the interest of the applicant or the possible	580
investment of public funds, by unanimous vote of all board,	581
council, or authority members present, may close the meeting	582
during consideration of the following information confidentially	583
received by the authority, council, or board from the applicant:	584

(1) Marketing plans;

585

(2) Specific business strategy;

586

(3) Production techniques and trade secrets;

587

(4) Financial projections;

588

(5) Personal financial statements of the applicant or members	589
of the applicant's immediate family, including, but not limited	590
to, tax records or other similar information not open to public	591
inspection.	592

The vote by the authority, council, or board to accept or	593
reject the application, as well as all proceedings of the	594
authority, council, or board not subject to this division, shall	595
be open to the public and governed by this section.	596

(F) Every public body, by rule, shall establish a reasonable	597
method whereby any person may determine the time and place of all	598
regularly scheduled meetings and the time, place, and purpose of	599
all special meetings. A public body shall not hold a special	600
meeting unless it gives at least twenty-four hours' advance notice	601
to the news media that have requested notification, except in the	602
event of an emergency requiring immediate official action. In the	603
event of an emergency, the member or members calling the meeting	604
shall notify the news media that have requested notification	605
immediately of the time, place, and purpose of the meeting.	606

The rule shall provide that any person, upon request and	607
payment of a reasonable fee, may obtain reasonable advance	608
notification of all meetings at which any specific type of public	609
business is to be discussed. Provisions for advance notification	610
may include, but are not limited to, mailing the agenda of	611
meetings to all subscribers on a mailing list or mailing notices	612
in self-addressed, stamped envelopes provided by the person.	613

(G) Except as provided in division (J) of this section, the	614
members of a public body may hold an executive session only after	615
a majority of a quorum of the public body determines, by a roll	616
call vote, to hold an executive session and only at a regular or	617
special meeting for the sole purpose of the consideration of any	618
of the following matters:	619

(1) To consider the appointment, employment, dismissal,	620
discipline, promotion, demotion, or compensation of a public	621
employee or official, or the investigation of charges or	622
complaints against a public employee, official, licensee, or	623
regulated individual, unless the public employee, official,	624
licensee, or regulated individual requests a public hearing.	625
Except as otherwise provided by law, no public body shall hold an	626
executive session for the discipline of an elected official for	627
conduct related to the performance of the elected official's	628
official duties or for the elected official's removal from office.	629
If a public body holds an executive session pursuant to division	630
(G)(1) of this section, the motion and vote to hold that executive	631
session shall state which one or more of the approved purposes	632
listed in division (G)(1) of this section are the purposes for	633
which the executive session is to be held, but need not include	634
the name of any person to be considered at the meeting.	635

(2) To consider the purchase of property for public purposes,	636
or for the sale of property at competitive bidding, if premature	637
disclosure of information would give an unfair competitive or	638
bargaining advantage to a person whose personal, private interest	639
is adverse to the general public interest. No member of a public	640
body shall use division (G)(2) of this section as a subterfuge for	641
providing covert information to prospective buyers or sellers. A	642
purchase or sale of public property is void if the seller or buyer	643
of the public property has received covert information from a	644
member of a public body that has not been disclosed to the general	645
public in sufficient time for other prospective buyers and sellers	646
to prepare and submit offers.	647

If the minutes of the public body show that all meetings and	648
deliberations of the public body have been conducted in compliance	649
with this section, any instrument executed by the public body	650
purporting to convey, lease, or otherwise dispose of any right,	651
title, or interest in any public property shall be conclusively	652
presumed to have been executed in compliance with this section	653
insofar as title or other interest of any bona fide purchasers,	654
lessees, or transferees of the property is concerned.	655

(3) Conferences with an attorney for the public body	656
concerning disputes involving the public body that are the subject	657
of pending or imminent court action;	658

(4) Preparing for, conducting, or reviewing negotiations or	659
bargaining sessions with public employees concerning their	660
compensation or other terms and conditions of their employment;	661

(5) Matters required to be kept confidential by federal law	662
or regulations or state statutes;	663

(6) Details relative to the security arrangements and	664
emergency response protocols for a public body or a public office,	665
if disclosure of the matters discussed could reasonably be	666
expected to jeopardize the security of the public body or public	667
office;	668

(7) In the case of a county hospital operated pursuant to	669
Chapter 339. of the Revised Code, a joint township hospital	670
operated pursuant to Chapter 513. of the Revised Code, or a	671
municipal hospital operated pursuant to Chapter 749. of the	672
Revised Code, to consider trade secrets, as defined in section	673
1333.61 of the Revised Code.	674

If a public body holds an executive session to consider any	675
of the matters listed in divisions (G)(2) to (7) of this section,	676
the motion and vote to hold that executive session shall state	677
which one or more of the approved matters listed in those	678
divisions are to be considered at the executive session.	679

A public body specified in division (B)(1)(c) of this section	680
shall not hold an executive session when meeting for the purposes	681
specified in that division.	682

(H) A resolution, rule, or formal action of any kind is	683
invalid unless adopted in an open meeting of the public body. A	684
resolution, rule, or formal action adopted in an open meeting that	685
results from deliberations in a meeting not open to the public is	686
invalid unless the deliberations were for a purpose specifically	687
authorized in division (G) or (J) of this section and conducted at	688
an executive session held in compliance with this section. A	689
resolution, rule, or formal action adopted in an open meeting is	690
invalid if the public body that adopted the resolution, rule, or	691
formal action violated division (F) of this section.	692

(I)(1) Any person may bring an action to enforce this	693
section. An action under division (I)(1) of this section shall be	694
brought within two years after the date of the alleged violation	695
or threatened violation. Upon proof of a violation or threatened	696
violation of this section in an action brought by any person, the	697
court of common pleas shall issue an injunction to compel the	698
members of the public body to comply with its provisions.	699

(2)(a) If the court of common pleas issues an injunction	700
pursuant to division (I)(1) of this section, the court shall order	701
the public body that it enjoins to pay a civil forfeiture of five	702
hundred dollars to the party that sought the injunction and shall	703
award to that party all court costs and, subject to reduction as	704
described in division (I)(2) of this section, reasonable	705
attorney's fees. The court, in its discretion, may reduce an award	706
of attorney's fees to the party that sought the injunction or not	707
award attorney's fees to that party if the court determines both	708
of the following:	709

(i) That, based on the ordinary application of statutory law	710
and case law as it existed at the time of violation or threatened	711
violation that was the basis of the injunction, a well-informed	712
public body reasonably would believe that the public body was not	713
violating or threatening to violate this section;	714

(ii) That a well-informed public body reasonably would	715
believe that the conduct or threatened conduct that was the basis	716
of the injunction would serve the public policy that underlies the	717
authority that is asserted as permitting that conduct or	718
threatened conduct.	719

(b) If the court of common pleas does not issue an injunction	720
pursuant to division (I)(1) of this section and the court	721
determines at that time that the bringing of the action was	722
frivolous conduct, as defined in division (A) of section 2323.51	723
of the Revised Code, the court shall award to the public body all	724
court costs and reasonable attorney's fees, as determined by the	725
court.	726

(3) Irreparable harm and prejudice to the party that sought	727
the injunction shall be conclusively and irrebuttably presumed	728
upon proof of a violation or threatened violation of this section.	729

(4) A member of a public body who knowingly violates an	730
injunction issued pursuant to division (I)(1) of this section may	731
be removed from office by an action brought in the court of common	732
pleas for that purpose by the prosecuting attorney or the attorney	733
general.	734

(J)(1) Pursuant to division (C) of section 5901.09 of the	735
Revised Code, a veterans service commission shall hold an	736
executive session for one or more of the following purposes unless	737
an applicant requests a public hearing:	738

(a) Interviewing an applicant for financial assistance under	739
sections 5901.01 to 5901.15 of the Revised Code;	740

(b) Discussing applications, statements, and other documents	741
described in division (B) of section 5901.09 of the Revised Code;	742

(c) Reviewing matters relating to an applicant's request for	743
financial assistance under sections 5901.01 to 5901.15 of the	744
Revised Code.	745

(2) A veterans service commission shall not exclude an	746
applicant for, recipient of, or former recipient of financial	747
assistance under sections 5901.01 to 5901.15 of the Revised Code,	748
and shall not exclude representatives selected by the applicant,	749
recipient, or former recipient, from a meeting that the commission	750
conducts as an executive session that pertains to the applicant's,	751
recipient's, or former recipient's application for financial	752
assistance.	753

(3) A veterans service commission shall vote on the grant or	754
denial of financial assistance under sections 5901.01 to 5901.15	755
of the Revised Code only in an open meeting of the commission. The	756
minutes of the meeting shall indicate the name, address, and	757
occupation of the applicant, whether the assistance was granted or	758
denied, the amount of the assistance if assistance is granted, and	759
the votes for and against the granting of assistance.	760

Sec. 122.01. (A) As used in the Revised Code, the	761
"department of development" means the development services agency	762
and the "director of development" means the director of	763
development services. Whenever the department or director of	764
development is referred to or designated in any statute, rule,	765
contract, grant, or other document, the reference or designation	766
shall be deemed to refer to the development services agency or	767
director of development services, as the case may be.	768

(B) As used in this chapter:

769

~~(A)~~(1) "Community problems" includes, but is not limited to,	770
taxation, fiscal administration, governmental structure and	771
organization, intergovernmental cooperation, education and	772
training, employment needs, community planning and development,	773
air and water pollution, public safety and the administration of	774
justice, housing, mass transportation, community facilities and	775
services, health, welfare, recreation, open space, and the	776
development of human resources.	777

~~(B)~~(2) "Professional personnel" means either of the	778
following:	779

~~(1)~~(a) Personnel who have earned a bachelor's degree from a	780
college or university;	781

~~(2)~~(b) Personnel who serve as or have the working title of	782
director, assistant director, deputy director, assistant deputy	783
director, manager, office chief, assistant office chief, or	784
program director.	785

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

786

~~(1)~~(a) Personnel who provide technical assistance according	787
to their job description or in accordance with the Revised Code;	788

~~(2)~~(b) Personnel employed in the director of ~~development's~~	789
development services' office or the legal office, communications	790
office, finance office, legislative affairs office, or human	791
resources office of the ~~department of~~ development services agency;	792

~~(3)~~(c) Personnel employed in the technology division of the	793
~~department~~agency.	794

Sec. 122.011. (A) The ~~department of~~ development services	795
agency shall develop and promote plans and programs designed to	796
assure that state resources are efficiently used, economic growth	797
is properly balanced, community growth is developed in an orderly	798
manner, and local governments are coordinated with each other and	799
the state, and for such purposes may do all of the following:	800

(1) Serve as a clearinghouse for information, data, and other	801
materials that may be helpful or necessary to persons or local	802
governments, as provided in section ~~122.07~~122.073 of the Revised	803
Code;	804

(2) Prepare and activate plans for the retention,	805
development, expansion, and use of the resources and commerce of	806
the state, as provided in section 122.04 of the Revised Code;	807

(3) Assist and cooperate with federal, state, and local	808
governments and agencies of federal, state, and local governments	809
in the coordination of programs to carry out the functions and	810
duties of the ~~department~~agency;	811

(4) Encourage and foster research and development activities,	812
conduct studies related to the solution of community problems, and	813
develop recommendations for administrative or legislative actions,	814
as provided in section 122.03 of the Revised Code;	815

(5) Serve as the economic and community development planning	816
agency, which shall prepare and recommend plans and programs for	817
the orderly growth and development of this state and which shall	818
provide planning assistance, as provided in section 122.06 of the	819
Revised Code;	820

(6) Cooperate with and provide technical assistance to state	821
departments, political subdivisions, regional and local planning	822
commissions, tourist associations, councils of government,	823
community development groups, community action agencies, and other	824
appropriate organizations for carrying out the functions and	825
duties of the ~~department~~development services agency or for the	826
solution of community problems;	827

(7) Coordinate the activities of state agencies that have an	828
impact on carrying out the functions and duties of the ~~department~~	829
development services agency;	830

(8) Encourage and assist the efforts of and cooperate with	831
local governments to develop mutual and cooperative solutions to	832
their common problems that relate to carrying out the purposes of	833
this section;	834

(9) Study existing structure, operations, and financing of	835
regional or local government and those state activities that	836
involve significant relations with regional or local governmental	837
units, recommend to the governor and to the general assembly such	838
changes in these provisions and activities as will improve the	839
operations of regional or local government, and conduct other	840
studies of legal provisions that affect problems related to	841
carrying out the purposes of this section;	842

(10) Create and operate a division of community development	843
to develop and administer programs and activities that are	844
authorized by federal statute or the Revised Code;	845

(11) Until October 15, 2007, establish fees and charges, in	846
consultation with the director of agriculture, for purchasing	847
loans from financial institutions and providing loan guarantees	848
under the family farm loan program created under sections 901.80	849
to 901.83 of the Revised Code;	850

(12) Provide loan servicing for the loans purchased and loan	851
guarantees provided under section 901.80 of the Revised Code as	852
that section existed prior to October 15, 2007;	853

(13) Until October 15, 2007, and upon approval by the	854
controlling board under division (A)(3) of section 901.82 of the	855
Revised Code of the release of money to be used for purchasing a	856
loan or providing a loan guarantee, request the release of that	857
money in accordance with division (B) of section 166.03 of the	858
Revised Code for use for the purposes of the fund created by	859
section 166.031 of the Revised Code.	860

(14) Allocate that portion of the national recovery zone	861
economic development bond limitation and that portion of the	862
national recovery zone facility bond limitation that has been	863
allocated to the state under section 1400U-1 of the Internal	864
Revenue Code, 26 U.S.C. 1400U-1. If any county or municipal	865
corporation waives any portion of an allocation it receives under	866
division (A)(14) of this section, the ~~department~~agency may	867
reallocate that amount. Any allocation or reallocation shall be	868
made in accordance with this section and section 1400U-1 of the	869
Internal Revenue Code.	870

(B) The director of development services may request the	871
attorney general to, and the attorney general, in accordance with	872
section 109.02 of the Revised Code, shall bring a civil action in	873
any court of competent jurisdiction. The director may be sued in	874
the director's official capacity, in connection with this chapter,	875
in accordance with Chapter 2743. of the Revised Code.	876

(C) The director ~~of development~~ shall execute a contract	877
pursuant to section 187.04 of the Revised Code with the nonprofit	878
corporation formed under section 187.01 of the Revised Code, and	879
may execute any additional contracts with the corporation	880
providing for the corporation to assist the director or ~~department~~	881
agency in carrying out any duties of the director or ~~department~~	882
agency under this chapter, under any other provision of the	883
Revised Code dealing with economic development, or under a	884
contract with the director, subject to section 187.04 of the	885
Revised Code.	886

Sec. 122.07. (A) There is hereby created within the	887
development services agency an office to be known as the office of	888
TourismOhio. The office shall be under the supervision of a	889
director who shall be of equivalent rank of deputy director of the	890
agency and shall serve at the pleasure of the director of	891
development services.	892

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

893

(1) Promote the state as a travel destination and provide	894
related services or otherwise carry out the promotional functions	895
or duties of the agency, as necessary;	896

(2) Perform an annual return-on-investment study analyzing	897
the office's success in promoting Ohio tourism. A report	898
containing the findings of the study shall be submitted to the	899
governor, the speaker and minority leader of the house of	900
representatives, and the president and minority leader of the	901
senate. The report shall also be made available to the public.	902

Sec. 122.071. (A) The TourismOhio advisory board is hereby	903
established to advise the director of development services and the	904
director of the office of TourismOhio on strategies for promoting	905
tourism in this state. The board shall consist of the chief	906
investment officer of the nonprofit corporation formed under	907
section 187.01 of the Revised Code, the director of the office of	908
TourismOhio, and nine members to be appointed by the governor as	909
provided in division (B) of this section. All members of the	910
board, except the director of the office of TourismOhio, shall be	911
voting members.	912

(B)(1) The governor shall, within sixty days after the	913
effective date of this section, appoint to the TourismOhio	914
advisory board one individual who is a representative of	915
convention and visitors' bureaus, one individual who is a	916
representative of the lodging industry, one individual who is a	917
representative of the restaurant industry, one individual who is a	918
representative of attractions, one individual who is a	919
representative of special events and festivals, one individual who	920
is a representative of agritourism, and three individuals who are	921
representatives of the tourism industry. Of the initial	922
appointments, two individuals shall serve a term of one year,	923
three individuals shall serve a term of two years, and the	924
remainder shall serve a term of three years. Thereafter, terms of	925
office shall be for three years. Each individual appointed to the	926
board shall be a United States citizen.	927

(2) For purposes of division (B)(1) of this section, an	928
individual is a "representative of the tourism industry" if the	929
individual possesses five years or more executive-level experience	930
in the attractions, lodging, restaurant, transportation, or retail	931
industry or five years or more executive-level experience with a	932
destination marketing organization.	933

(C)(1) Each member of the TourismOhio advisory board shall	934
hold office from the date of the member's appointment until the	935
end of the term for which the member is appointed. Vacancies that	936
occur on the board shall be filled in the manner prescribed for	937
regular appointments to the board. A member appointed to fill a	938
vacancy occurring prior to the expiration of the term for which	939
the member's predecessor was appointed shall hold office for the	940
remainder of that predecessor's term. A member shall continue in	941
office subsequent to the expiration date of the member's term	942
until the member's successor takes office or until sixty days have	943
elapsed, whichever occurs first. Any member appointed to the board	944
is eligible for reappointment.	945

(2) The governor shall designate one member of the board as	946
chairperson.	947

(3) Members appointed to the board may be reimbursed for	948
actual and necessary expenses incurred in connection with their	949
official duties.	950

~~Sec. 122.071.~~ Sec. 122.072. There is hereby created in the state	951
treasury the ~~travel and~~ tourism ~~cooperative projects~~ fund	952
consisting of ~~all~~money credited or transferred to it and grants,	953
gifts, and contributions made directly to ~~the director of~~	954
~~development for marketing and promotion of travel and tourism~~	955
~~within~~it. Money in the fund shall be used to defray costs	956
incurred by the office of TourismOhio in promoting this state	957
~~pursuant to division (F) of section 122.04 and section 122.07 of~~	958
~~the Revised Code~~as a travel destination.	959

~~Sec. 122.07.~~ Sec. 122.073. (A) The ~~department of~~ development	960
services agency may do ~~either~~any of the following:	961

(1) Disseminate information concerning the industrial,	962
commercial, governmental, educational, cultural, recreational,	963
agricultural, and other advantages and attractions of the state;	964

(2) Provide technical assistance to public and private	965
agencies in the preparation of promotional programs designed to	966
attract business, industry, and tourists to the state;	967

(3) Enter into cooperative or contractual agreements, through	968
the director of development services, with any individual,	969
organization, or business to create, administer, or otherwise be	970
involved with Ohio tourism-related promotional programs.	971
Compensation under such agreements shall be determined by the	972
director and may include deferred compensation. This compensation	973
is payable from the tourism fund created in section 122.072 of the	974
Revised Code. Any excess revenue generated under such a	975
cooperative or contractual agreement shall be remitted to the fund	976
to be reinvested in ongoing tourism marketing initiatives as	977
authorized by law.	978

(B) Records related to tourism market research submitted to	979
or generated by the ~~research~~ office of ~~the division of travel and~~	980
~~tourism of the department of development~~TourismOhio, and any	981
information taken for any purpose from such research, are not	982
public records for the purposes of section 149.43 of the Revised	983
Code. The ~~department~~agency may use, however, such tourism market	984
research in a public report if the director ~~of the department~~	985
determines that issuing and distributing the report would promote	986
or market the state's travel and tourism industry or otherwise	987
advance the purposes of this section.	988

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

989

(1) "Income tax revenue" means the total amount withheld	990
under section 5747.06 of the Revised Code by the taxpayer during	991
the taxable year, or during the calendar year that includes the	992
tax period, from the compensation of each employee employed in the	993
project to the extent the employee's withholdings are not used to	994
determine the credit under section 122.171 of the Revised Code.	995
"Income tax revenue" excludes amounts withheld before the day the	996
taxpayer becomes eligible for the credit.	997

(2) "Baseline income tax revenue" means income tax revenue	998
except that the applicable withholding period is the twelve months	999
immediately preceding the date the tax credit authority approves	1000
the taxpayer's application or the date the tax credit authority	1001
receives the recommendation described in division (C)(2)(a) of	1002
this section, whichever occurs first, multiplied by the sum of one	1003
plus an annual pay increase factor to be determined by the tax	1004
credit authority. If the taxpayer becomes eligible for the credit	1005
after the first day of the taxpayer's taxable year or after the	1006
first day of the calendar year that includes the tax period, the	1007
taxpayer's baseline income tax revenue for the first such taxable	1008
or calendar year of credit eligibility shall be reduced in	1009
proportion to the number of days during the taxable or calendar	1010
year for which the taxpayer was not eligible for the credit. For	1011
subsequent taxable or calendar years, "baseline income tax	1012
revenue" equals the unreduced baseline income tax revenue for the	1013
preceding taxable or calendar year multiplied by the sum of one	1014
plus the pay increase factor.	1015

(3) "Excess income tax revenue" means income tax revenue	1016
minus baseline income tax revenue.	1017

(B) The tax credit authority may make grants under this	1018
section to foster job creation in this state. Such a grant shall	1019
take the form of a refundable credit allowed against the tax	1020
imposed by section 5725.18, 5729.03, 5733.06, or 5747.02 or levied	1021
under Chapter 5751. of the Revised Code. The credit shall be	1022
claimed for the taxable years or tax periods specified in the	1023
taxpayer's agreement with the tax credit authority under division	1024
(D) of this section. With respect to taxes imposed under section	1025
5733.06 or 5747.02 or Chapter 5751. of the Revised Code, the	1026
credit shall be claimed in the order required under section	1027
5733.98, 5747.98, or 5751.98 of the Revised Code. The amount of	1028
the credit available for a taxable year or for a calendar year	1029
that includes a tax period equals the excess income tax revenue	1030
for that year multiplied by the percentage specified in the	1031
agreement with the tax credit authority. Any credit granted under	1032
this section against the tax imposed by section 5733.06 or 5747.02	1033
of the Revised Code, to the extent not fully utilized against such	1034
tax for taxable years ending prior to 2008, shall automatically be	1035
converted without any action taken by the tax credit authority to	1036
a credit against the tax levied under Chapter 5751. of the Revised	1037
Code for tax periods beginning on or after July 1, 2008, provided	1038
that the person to whom the credit was granted is subject to such	1039
tax. The converted credit shall apply to those calendar years in	1040
which the remaining taxable years specified in the agreement end.	1041

(C)(1) A taxpayer or potential taxpayer who proposes a	1042
project to create new jobs in this state may apply to the tax	1043
credit authority to enter into an agreement for a tax credit under	1044
this section. The director of development services shall prescribe	1045
the form of the application. After receipt of an application, the	1046
authority may enter into an agreement with the taxpayer for a	1047
credit under this section if it determines all of the following:	1048

~~(1)~~(a) The taxpayer's project will increase payroll and	1049
income tax revenue;	1050

~~(2)~~(b) The taxpayer's project is economically sound and will	1051
benefit the people of this state by increasing opportunities for	1052
employment and strengthening the economy of this state;	1053

~~(3)~~(c) Receiving the tax credit is a major factor in the	1054
taxpayer's decision to go forward with the project.	1055

(2)(a) A taxpayer that chooses to begin the project prior to	1056
receiving the determination of the authority may, upon submitting	1057
the taxpayer's application to the authority, request that the	1058
chief investment officer of the nonprofit corporation formed under	1059
section 187.01 of the Revised Code and the director review the	1060
taxpayer's application and recommend to the authority that the	1061
taxpayer's application be considered. As soon as possible after	1062
receiving such a request, the chief investment officer and the	1063
director shall review the taxpayer's application and, if they	1064
determine that the application warrants consideration by the	1065
authority, make that recommendation to the authority not later	1066
than six months after the application is received by the	1067
authority.	1068

(b) The authority shall consider any taxpayer's application	1069
for which it receives a recommendation under division (C)(2)(a) of	1070
this section. If the authority determines that the taxpayer does	1071
not meet all of the criteria set forth in division (C)(1) of this	1072
section, the authority and the development services agency shall	1073
proceed in accordance with rules adopted by the director pursuant	1074
to division (I) of this section.	1075

(D) An agreement under this section shall include all of the	1076
following:	1077

(1) A detailed description of the project that is the subject	1078
of the agreement;	1079

(2) The term of the tax credit, which shall not exceed	1080
fifteen years, and the first taxable year, or first calendar year	1081
that includes a tax period, for which the credit may be claimed;	1082

(3) A requirement that the taxpayer shall maintain operations	1083
at the project location for at least the greater of seven years or	1084
the term of the credit plus three years;	1085

(4) The percentage, as determined by the tax credit	1086
authority, of excess income tax revenue that will be allowed as	1087
the amount of the credit for each taxable year or for each	1088
calendar year that includes a tax period;	1089

(5) The pay increase factor to be applied to the taxpayer's	1090
baseline income tax revenue;	1091

(6) A requirement that the taxpayer annually shall report to	1092
the director of development services employment, tax withholding,	1093
investment, and other information the director needs to perform	1094
the director's duties under this section;	1095

(7) A requirement that the director of development services	1096
annually review the information reported under division (D)(6) of	1097
this section and verify compliance with the agreement; if the	1098
taxpayer is in compliance, a requirement that the director issue a	1099
certificate to the taxpayer stating that the information has been	1100
verified and identifying the amount of the credit that may be	1101
claimed for the taxable or calendar year;	1102

(8) A provision providing that the taxpayer may not relocate	1103
a substantial number of employment positions from elsewhere in	1104
this state to the project location unless the director of	1105
development services determines that the legislative authority of	1106
the county, township, or municipal corporation from which the	1107
employment positions would be relocated has been notified by the	1108
taxpayer of the relocation.	1109

For purposes of this section, the movement of an employment	1110
position from one political subdivision to another political	1111
subdivision shall be considered a relocation of an employment	1112
position unless the employment position in the first political	1113
subdivision is replaced.	1114

(E) If a taxpayer fails to meet or comply with any condition	1115
or requirement set forth in a tax credit agreement, the tax credit	1116
authority may amend the agreement to reduce the percentage or term	1117
of the tax credit. The reduction of the percentage or term may	1118
take effect in the current taxable or calendar year.	1119

(F) Projects that consist solely of point-of-final-purchase	1120
retail facilities are not eligible for a tax credit under this	1121
section. If a project consists of both point-of-final-purchase	1122
retail facilities and nonretail facilities, only the portion of	1123
the project consisting of the nonretail facilities is eligible for	1124
a tax credit and only the excess income tax revenue from the	1125
nonretail facilities shall be considered when computing the amount	1126
of the tax credit. If a warehouse facility is part of a	1127
point-of-final-purchase retail facility and supplies only that	1128
facility, the warehouse facility is not eligible for a tax credit.	1129
Catalog distribution centers are not considered	1130
point-of-final-purchase retail facilities for the purposes of this	1131
division, and are eligible for tax credits under this section.	1132

(G) Financial statements and other information submitted to	1133
the ~~department of~~ development services agency or the tax credit	1134
authority by an applicant or recipient of a tax credit under this	1135
section, and any information taken for any purpose from such	1136
statements or information, are not public records subject to	1137
section 149.43 of the Revised Code. However, the chairperson of	1138
the authority may make use of the statements and other information	1139
for purposes of issuing public reports or in connection with court	1140
proceedings concerning tax credit agreements under this section.	1141
Upon the request of the tax commissioner or, if the applicant or	1142
recipient is an insurance company, upon the request of the	1143
superintendent of insurance, the chairperson of the authority	1144
shall provide to the commissioner or superintendent any statement	1145
or information submitted by an applicant or recipient of a tax	1146
credit in connection with the credit. The commissioner or	1147
superintendent shall preserve the confidentiality of the statement	1148
or information.	1149

(H) A taxpayer claiming a credit under this section shall	1150
submit to the tax commissioner or, if the taxpayer is an insurance	1151
company, to the superintendent of insurance, a copy of the	1152
director of ~~development's~~development services' certificate of	1153
verification under division (D)(7) of this section with the	1154
taxpayer's tax report or return for the taxable year or for the	1155
calendar year that includes the tax period. Failure to submit a	1156
copy of the certificate with the report or return does not	1157
invalidate a claim for a credit if the taxpayer submits a copy of	1158
the certificate to the commissioner or superintendent within sixty	1159
days after the commissioner or superintendent requests it.	1160

(I) The director of development services, after consultation	1161
with the tax commissioner and the superintendent of insurance and	1162
in accordance with Chapter 119. of the Revised Code, shall adopt	1163
rules necessary to implement this section, including rules that	1164
establish a procedure to be followed by the tax credit authority	1165
and the development services agency in the event the authority	1166
considers a taxpayer's application for which it receives a	1167
recommendation under division (C)(2)(a) of this section but does	1168
not approve it. The rules may provide for recipients of tax	1169
credits under this section to be charged fees to cover	1170
administrative costs of the tax credit program. The fees collected	1171
shall be credited to the ~~tax incentive programs operating~~business	1172
assistance fund created in section 122.174 of the Revised Code. At	1173
the time the director gives public notice under division (A) of	1174
section 119.03 of the Revised Code of the adoption of the rules,	1175
the director shall submit copies of the proposed rules to the	1176
chairpersons of the standing committees on economic development in	1177
the senate and the house of representatives.	1178

(J) For the purposes of this section, a taxpayer may include	1179
a partnership, a corporation that has made an election under	1180
subchapter S of chapter one of subtitle A of the Internal Revenue	1181
Code, or any other business entity through which income flows as a	1182
distributive share to its owners. A partnership, S-corporation, or	1183
other such business entity may elect to pass the credit received	1184
under this section through to the persons to whom the income or	1185
profit of the partnership, S-corporation, or other entity is	1186
distributed. The election shall be made on the annual report	1187
required under division (D)(6) of this section. The election	1188
applies to and is irrevocable for the credit for which the report	1189
is submitted. If the election is made, the credit shall be	1190
apportioned among those persons in the same proportions as those	1191
in which the income or profit is distributed.	1192

(K) If the director of development services determines that a	1193
taxpayer who has received a credit under this section is not	1194
complying with the requirement under division (D)(3) of this	1195
section, the director shall notify the tax credit authority of the	1196
noncompliance. After receiving such a notice, and after giving the	1197
taxpayer an opportunity to explain the noncompliance, the tax	1198
credit authority may require the taxpayer to refund to this state	1199
a portion of the credit in accordance with the following:	1200

(1) If the taxpayer maintained operations at the project	1201
location for a period less than or equal to the term of the	1202
credit, an amount not exceeding one hundred per cent of the sum of	1203
any credits allowed and received under this section;	1204

(2) If the taxpayer maintained operations at the project	1205
location for a period longer than the term of the credit, but less	1206
than the greater of seven years or the term of the credit plus	1207
three years, an amount not exceeding seventy-five per cent of the	1208
sum of any credits allowed and received under this section.	1209

In determining the portion of the tax credit to be refunded	1210
to this state, the tax credit authority shall consider the effect	1211
of market conditions on the taxpayer's project and whether the	1212
taxpayer continues to maintain other operations in this state.	1213
After making the determination, the authority shall certify the	1214
amount to be refunded to the tax commissioner or superintendent of	1215
insurance, as appropriate. If the amount is certified to the	1216
commissioner, the commissioner shall make an assessment for that	1217
amount against the taxpayer under Chapter 5733., 5747., or 5751.	1218
of the Revised Code. If the amount is certified to the	1219
superintendent, the superintendent shall make an assessment for	1220
that amount against the taxpayer under Chapter 5725. or 5729. of	1221
the Revised Code. The time limitations on assessments under those	1222
chapters do not apply to an assessment under this division, but	1223
the commissioner or superintendent, as appropriate, shall make the	1224
assessment within one year after the date the authority certifies	1225
to the commissioner or superintendent the amount to be refunded.	1226

(L) On or before the first day of August each year, the	1227
director of development services shall submit a report to the	1228
governor, the president of the senate, and the speaker of the	1229
house of representatives on the tax credit program under this	1230
section. The report shall include information on the number of	1231
agreements that were entered into under this section during the	1232
preceding calendar year, a description of the project that is the	1233
subject of each such agreement, and an update on the status of	1234
projects under agreements entered into before the preceding	1235
calendar year.	1236

(M) There is hereby created the tax credit authority, which	1237
consists of the director of development services and four other	1238
members appointed as follows: the governor, the president of the	1239
senate, and the speaker of the house of representatives each shall	1240
appoint one member who shall be a specialist in economic	1241
development; the governor also shall appoint a member who is a	1242
specialist in taxation. Of the initial appointees, the members	1243
appointed by the governor shall serve a term of two years; the	1244
members appointed by the president of the senate and the speaker	1245
of the house of representatives shall serve a term of four years.	1246
Thereafter, terms of office shall be for four years. Initial	1247
appointments to the authority shall be made within thirty days	1248
after January 13, 1993. Each member shall serve on the authority	1249
until the end of the term for which the member was appointed.	1250
Vacancies shall be filled in the same manner provided for original	1251
appointments. Any member appointed to fill a vacancy occurring	1252
prior to the expiration of the term for which the member's	1253
predecessor was appointed shall hold office for the remainder of	1254
that term. Members may be reappointed to the authority. Members of	1255
the authority shall receive their necessary and actual expenses	1256
while engaged in the business of the authority. The director of	1257
development services shall serve as chairperson of the authority,	1258
and the members annually shall elect a vice-chairperson from among	1259
themselves. Three members of the authority constitute a quorum to	1260
transact and vote on the business of the authority. The majority	1261
vote of the membership of the authority is necessary to approve	1262
any such business, including the election of the vice-chairperson.	1263

The director of development services may appoint a	1264
professional employee of the ~~department of~~ development services	1265
agency to serve as the director's substitute at a meeting of the	1266
authority. The director shall make the appointment in writing. In	1267
the absence of the director from a meeting of the authority, the	1268
appointed substitute shall serve as chairperson. In the absence of	1269
both the director and the director's substitute from a meeting,	1270
the vice-chairperson shall serve as chairperson.	1271

(N) For purposes of the credits granted by this section	1272
against the taxes imposed under sections 5725.18 and 5729.03 of	1273
the Revised Code, "taxable year" means the period covered by the	1274
taxpayer's annual statement to the superintendent of insurance.	1275

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

1276

(1) "Capital investment project" means a plan of investment	1277
at a project site for the acquisition, construction, renovation,	1278
or repair of buildings, machinery, or equipment, or for	1279
capitalized costs of basic research and new product development	1280
determined in accordance with generally accepted accounting	1281
principles, but does not include any of the following:	1282

(a) Payments made for the acquisition of personal property	1283
through operating leases;	1284

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

1285

(c) Payments made to a related member as defined in section	1286
5733.042 of the Revised Code or to a consolidated elected taxpayer	1287
or a combined taxpayer as defined in section 5751.01 of the	1288
Revised Code.	1289

(2) "Eligible business" means a taxpayer and its related	1290
members with Ohio operations satisfying all of the following:	1291

(a) The taxpayer employs at least five hundred full-time	1292
equivalent employees or has an annual payroll of at least	1293
thirty-five million dollars at the time the tax credit authority	1294
grants the tax credit under this section;	1295

(b) The taxpayer makes or causes to be made payments for the	1296
capital investment project of one of the following:	1297

(i) If the taxpayer is engaged at the project site primarily	1298
as a manufacturer, at least fifty million dollars in the aggregate	1299
at the project site during a period of three consecutive calendar	1300
years, including the calendar year that includes a day of the	1301
taxpayer's taxable year or tax period with respect to which the	1302
credit is granted;	1303

(ii) If the taxpayer is engaged at the project site primarily	1304
in significant corporate administrative functions, as defined by	1305
the director of development services by rule, at least twenty	1306
million dollars in the aggregate at the project site during a	1307
period of three consecutive calendar years including the calendar	1308
year that includes a day of the taxpayer's taxable year or tax	1309
period with respect to which the credit is granted;	1310

(iii) If the taxpayer is applying to enter into an agreement	1311
for a tax credit authorized under division (B)(3) of this section,	1312
at least five million dollars in the aggregate at the project site	1313
during a period of three consecutive calendar years, including the	1314
calendar year that includes a day of the taxpayer's taxable year	1315
or tax period with respect to which the credit is granted.	1316

(c) The taxpayer had a capital investment project reviewed	1317
and approved by the tax credit authority as provided in divisions	1318
(C), (D), and (E) of this section.	1319

(3) "Full-time equivalent employees" means the quotient	1320
obtained by dividing the total number of hours for which employees	1321
were compensated for employment in the project by two thousand	1322
eighty. "Full-time equivalent employees" shall exclude hours that	1323
are counted for a credit under section 122.17 of the Revised Code.	1324

(4) "Income tax revenue" means the total amount withheld	1325
under section 5747.06 of the Revised Code by the taxpayer during	1326
the taxable year, or during the calendar year that includes the	1327
tax period, from the compensation of all employees employed in the	1328
project whose hours of compensation are included in calculating	1329
the number of full-time equivalent employees.	1330

(5) "Manufacturer" has the same meaning as in section	1331
5739.011 of the Revised Code.	1332

(6) "Project site" means an integrated complex of facilities	1333
in this state, as specified by the tax credit authority under this	1334
section, within a fifteen-mile radius where a taxpayer is	1335
primarily operating as an eligible business.	1336

(7) "Related member" has the same meaning as in section	1337
5733.042 of the Revised Code as that section existed on the	1338
effective date of its amendment by Am. Sub. H.B. 215 of the 122nd	1339
general assembly, September 29, 1997.	1340

(8) "Taxable year" includes, in the case of a domestic or	1341
foreign insurance company, the calendar year ending on the	1342
thirty-first day of December preceding the day the superintendent	1343
of insurance is required to certify to the treasurer of state	1344
under section 5725.20 or 5729.05 of the Revised Code the amount of	1345
taxes due from insurance companies.	1346

(B) The tax credit authority created under section 122.17 of	1347
the Revised Code may grant tax credits under this section for the	1348
purpose of fostering job retention in this state. Upon application	1349
by an eligible business and upon consideration of the	1350
recommendation of the director of budget and management, tax	1351
commissioner, the superintendent of insurance in the case of an	1352
insurance company, and director of development services under	1353
division (C) of this section, the tax credit authority may grant	1354
the following credits against the tax imposed by section 5725.18,	1355
5729.03, 5733.06, 5747.02, or 5751.02 of the Revised Code:	1356

(1) A nonrefundable credit to an eligible business;

1357

(2) A refundable credit to an eligible business meeting the	1358
following conditions, provided that the director of budget and	1359
management, tax commissioner, superintendent of insurance in the	1360
case of an insurance company, and director of development services	1361
have recommended the granting of the credit to the tax credit	1362
authority before July 1, 2011:	1363

(a) The business retains at least one thousand full-time	1364
equivalent employees at the project site.	1365

(b) The business makes or causes to be made payments for a	1366
capital investment project of at least twenty-five million dollars	1367
in the aggregate at the project site during a period of three	1368
consecutive calendar years, including the calendar year that	1369
includes a day of the business' taxable year or tax period with	1370
respect to which the credit is granted.	1371

(c) In 2010, the business received a written offer of	1372
financial incentives from another state of the United States that	1373
the director determines to be sufficient inducement for the	1374
business to relocate the business' operations from this state to	1375
that state.	1376

(3) A refundable credit to an eligible business with a total	1377
annual payroll of at least twenty million dollars, provided that	1378
the tax credit authority grants the tax credit on or after July 1,	1379
2011, and before January 1, 2014.	1380

The credits authorized in divisions (B)(1), (2), and (3) of	1381
this section may be granted for a period up to fifteen taxable	1382
years or, in the case of the tax levied by section 5751.02 of the	1383
Revised Code, for a period of up to fifteen calendar years. The	1384
credit amount for a taxable year or a calendar year that includes	1385
the tax period for which a credit may be claimed equals the income	1386
tax revenue for that year multiplied by the percentage specified	1387
in the agreement with the tax credit authority. The percentage may	1388
not exceed seventy-five per cent. The credit shall be claimed in	1389
the order required under section 5725.98, 5729.98, 5733.98,	1390
5747.98, or 5751.98 of the Revised Code. In determining the	1391
percentage and term of the credit, the tax credit authority shall	1392
consider both the number of full-time equivalent employees and the	1393
value of the capital investment project. The credit amount may not	1394
be based on the income tax revenue for a calendar year before the	1395
calendar year in which the tax credit authority specifies the tax	1396
credit is to begin, and the credit shall be claimed only for the	1397
taxable years or tax periods specified in the eligible business'	1398
agreement with the tax credit authority. In no event shall the	1399
credit be claimed for a taxable year or tax period terminating	1400
before the date specified in the agreement. Any credit granted	1401
under this section against the tax imposed by section 5733.06 or	1402
5747.02 of the Revised Code, to the extent not fully utilized	1403
against such tax for taxable years ending prior to 2008, shall	1404
automatically be converted without any action taken by the tax	1405
credit authority to a credit against the tax levied under Chapter	1406
5751. of the Revised Code for tax periods beginning on or after	1407
July 1, 2008, provided that the person to whom the credit was	1408
granted is subject to such tax. The converted credit shall apply	1409
to those calendar years in which the remaining taxable years	1410
specified in the agreement end.	1411

If a nonrefundable credit allowed under division (B)(1) of	1412
this section for a taxable year or tax period exceeds the	1413
taxpayer's tax liability for that year or period, the excess may	1414
be carried forward for the three succeeding taxable or calendar	1415
years, but the amount of any excess credit allowed in any taxable	1416
year or tax period shall be deducted from the balance carried	1417
forward to the succeeding year or period.	1418

(C) A taxpayer that proposes a capital investment project to	1419
retain jobs in this state may apply to the tax credit authority to	1420
enter into an agreement for a tax credit under this section. The	1421
director of development services shall prescribe the form of the	1422
application. After receipt of an application, the authority shall	1423
forward copies of the application to the director of budget and	1424
management, the tax commissioner, the superintendent of insurance	1425
in the case of an insurance company, and the director of	1426
development services, each of whom shall review the application to	1427
determine the economic impact the proposed project would have on	1428
the state and the affected political subdivisions and shall submit	1429
a summary of their determinations and recommendations to the	1430
authority.	1431

(D) Upon review and consideration of the determinations and	1432
recommendations described in division (C) of this section, the tax	1433
credit authority may enter into an agreement with the taxpayer for	1434
a credit under this section if the authority determines all of the	1435
following:	1436

(1) The taxpayer's capital investment project will result in	1437
the retention of employment in this state.	1438

(2) The taxpayer is economically sound and has the ability to	1439
complete the proposed capital investment project.	1440

(3) The taxpayer intends to and has the ability to maintain	1441
operations at the project site for at least the greater of (a) the	1442
term of the credit plus three years, or (b) seven years.	1443

(4) Receiving the credit is a major factor in the taxpayer's	1444
decision to begin, continue with, or complete the project.	1445

(5) If the taxpayer is applying to enter into an agreement	1446
for a tax credit authorized under division (B)(3) of this section,	1447
the taxpayer's capital investment project will be located in the	1448
political subdivision in which the taxpayer maintains its	1449
principal place of business.	1450

(E) An agreement under this section shall include all of the	1451
following:	1452

(1) A detailed description of the project that is the subject	1453
of the agreement, including the amount of the investment, the	1454
period over which the investment has been or is being made, the	1455
number of full-time equivalent employees at the project site, and	1456
the anticipated income tax revenue to be generated.	1457

(2) The term of the credit, the percentage of the tax credit,	1458
the maximum annual value of tax credits that may be allowed each	1459
year, and the first year for which the credit may be claimed.	1460

(3) A requirement that the taxpayer maintain operations at	1461
the project site for at least the greater of (a) the term of the	1462
credit plus three years, or (b) seven years.	1463

(4)(a) In the case of a credit granted under division (B)(1)	1464
of this section, a requirement that the taxpayer retain at least	1465
five hundred full-time equivalent employees at the project site	1466
and within this state for the entire term of the credit, or a	1467
requirement that the taxpayer maintain an annual payroll of at	1468
least thirty-five million dollars for the entire term of the	1469
credit;	1470

(b) In the case of a credit granted under division (B)(2) of	1471
this section, a requirement that the taxpayer retain at least one	1472
thousand full-time equivalent employees at the project site and	1473
within this state for the entire term of the credit;	1474

(c) In the case of a credit granted under division (B)(3) of	1475
this section, either of the following:	1476

(i) A requirement that the taxpayer retain at least five	1477
hundred full-time equivalent employees at the project site and	1478
within this state for the entire term of the credit and a	1479
requirement that the taxpayer maintain an annual payroll of at	1480
least twenty million dollars for the entire term of the credit;	1481

(ii) A requirement that the taxpayer maintain an annual	1482
payroll of at least thirty-five million dollars for the entire	1483
term of the credit.	1484

(5) A requirement that the taxpayer annually report to the	1485
director of development services employment, tax withholding,	1486
capital investment, and other information the director needs to	1487
perform the director's duties under this section.	1488

(6) A requirement that the director of development services	1489
annually review the annual reports of the taxpayer to verify the	1490
information reported under division (E)(5) of this section and	1491
compliance with the agreement. Upon verification, the director	1492
shall issue a certificate to the taxpayer stating that the	1493
information has been verified and identifying the amount of the	1494
credit for the taxable year or calendar year that includes the tax	1495
period. In determining the number of full-time equivalent	1496
employees, no position shall be counted that is filled by an	1497
employee who is included in the calculation of a tax credit under	1498
section 122.17 of the Revised Code.	1499

(7) A provision providing that the taxpayer may not relocate	1500
a substantial number of employment positions from elsewhere in	1501
this state to the project site unless the director of development	1502
services determines that the taxpayer notified the legislative	1503
authority of the county, township, or municipal corporation from	1504
which the employment positions would be relocated.	1505

For purposes of this section, the movement of an employment	1506
position from one political subdivision to another political	1507
subdivision shall be considered a relocation of an employment	1508
position unless the movement is confined to the project site. The	1509
transfer of an employment position from one political subdivision	1510
to another political subdivision shall not be considered a	1511
relocation of an employment position if the employment position in	1512
the first political subdivision is replaced by another employment	1513
position.	1514

(8) A waiver by the taxpayer of any limitations periods	1515
relating to assessments or adjustments resulting from the	1516
taxpayer's failure to comply with the agreement.	1517

(F) If a taxpayer fails to meet or comply with any condition	1518
or requirement set forth in a tax credit agreement, the tax credit	1519
authority may amend the agreement to reduce the percentage or term	1520
of the credit. The reduction of the percentage or term may take	1521
effect in the current taxable or calendar year.	1522

(G) Financial statements and other information submitted to	1523
the department of development services or the tax credit authority	1524
by an applicant for or recipient of a tax credit under this	1525
section, and any information taken for any purpose from such	1526
statements or information, are not public records subject to	1527
section 149.43 of the Revised Code. However, the chairperson of	1528
the authority may make use of the statements and other information	1529
for purposes of issuing public reports or in connection with court	1530
proceedings concerning tax credit agreements under this section.	1531
Upon the request of the tax commissioner, or the superintendent of	1532
insurance in the case of an insurance company, the chairperson of	1533
the authority shall provide to the commissioner or superintendent	1534
any statement or other information submitted by an applicant for	1535
or recipient of a tax credit in connection with the credit. The	1536
commissioner or superintendent shall preserve the confidentiality	1537
of the statement or other information.	1538

(H) A taxpayer claiming a tax credit under this section shall	1539
submit to the tax commissioner or, in the case of an insurance	1540
company, to the superintendent of insurance, a copy of the	1541
director of ~~development's~~development services' certificate of	1542
verification under division (E)(6) of this section with the	1543
taxpayer's tax report or return for the taxable year or for the	1544
calendar year that includes the tax period. Failure to submit a	1545
copy of the certificate with the report or return does not	1546
invalidate a claim for a credit if the taxpayer submits a copy of	1547
the certificate to the commissioner or superintendent within sixty	1548
days after the commissioner or superintendent requests it.	1549

(I) For the purposes of this section, a taxpayer may include	1550
a partnership, a corporation that has made an election under	1551
subchapter S of chapter one of subtitle A of the Internal Revenue	1552
Code, or any other business entity through which income flows as a	1553
distributive share to its owners. A partnership, S-corporation, or	1554
other such business entity may elect to pass the credit received	1555
under this section through to the persons to whom the income or	1556
profit of the partnership, S-corporation, or other entity is	1557
distributed. The election shall be made on the annual report	1558
required under division (E)(5) of this section. The election	1559
applies to and is irrevocable for the credit for which the report	1560
is submitted. If the election is made, the credit shall be	1561
apportioned among those persons in the same proportions as those	1562
in which the income or profit is distributed.	1563

(J) If the director of development services determines that a	1564
taxpayer that received a tax credit under this section is not	1565
complying with the requirement under division (E)(3) of this	1566
section, the director shall notify the tax credit authority of the	1567
noncompliance. After receiving such a notice, and after giving the	1568
taxpayer an opportunity to explain the noncompliance, the	1569
authority may terminate the agreement and require the taxpayer to	1570
refund to the state all or a portion of the credit claimed in	1571
previous years, as follows:	1572

(1) If the taxpayer maintained operations at the project site	1573
for less than or equal to the term of the credit, an amount not to	1574
exceed one hundred per cent of the sum of any tax credits allowed	1575
and received under this section.	1576

(2) If the taxpayer maintained operations at the project site	1577
longer than the term of the credit, but less than the greater of	1578
(a) the term of the credit plus three years, or (b) seven years,	1579
the amount required to be refunded shall not exceed seventy-five	1580
per cent of the sum of any tax credits allowed and received under	1581
this section.	1582

In determining the portion of the credit to be refunded to	1583
this state, the authority shall consider the effect of market	1584
conditions on the taxpayer's project and whether the taxpayer	1585
continues to maintain other operations in this state. After making	1586
the determination, the authority shall certify the amount to be	1587
refunded to the tax commissioner or the superintendent of	1588
insurance. If the taxpayer is not an insurance company, the	1589
commissioner shall make an assessment for that amount against the	1590
taxpayer under Chapter 5733., 5747., or 5751. of the Revised Code.	1591
If the taxpayer is an insurance company, the superintendent of	1592
insurance shall make an assessment under section 5725.222 or	1593
5729.102 of the Revised Code. The time limitations on assessments	1594
under those chapters and sections do not apply to an assessment	1595
under this division, but the commissioner or superintendent shall	1596
make the assessment within one year after the date the authority	1597
certifies to the commissioner or superintendent the amount to be	1598
refunded.	1599

(K) The director of development services, after consultation	1600
with the tax commissioner and the superintendent of insurance and	1601
in accordance with Chapter 119. of the Revised Code, shall adopt	1602
rules necessary to implement this section. The rules may provide	1603
for recipients of tax credits under this section to be charged	1604
fees to cover administrative costs of the tax credit program. The	1605
fees collected shall be credited to the ~~tax incentive programs~~	1606
~~operating~~business assistance fund created in section 122.174 of	1607
the Revised Code. At the time the director gives public notice	1608
under division (A) of section 119.03 of the Revised Code of the	1609
adoption of the rules, the director shall submit copies of the	1610
proposed rules to the chairpersons of the standing committees on	1611
economic development in the senate and the house of	1612
representatives.	1613

(L) On or before the first day of August of each year, the	1614
director of development services shall submit a report to the	1615
governor, the president of the senate, and the speaker of the	1616
house of representatives on the tax credit program under this	1617
section. The report shall include information on the number of	1618
agreements that were entered into under this section during the	1619
preceding calendar year, a description of the project that is the	1620
subject of each such agreement, and an update on the status of	1621
projects under agreements entered into before the preceding	1622
calendar year.	1623

(M)(1) The aggregate amount of tax credits issued under	1624
division (B)(1) of this section during any calendar year for	1625
capital investment projects reviewed and approved by the tax	1626
credit authority may not exceed the following amounts:	1627

(a) For 2010, thirteen million dollars;

1628

(b) For 2011 through 2023, the amount of the limit for the	1629
preceding calendar year plus thirteen million dollars;	1630

(c) For 2024 and each year thereafter, one hundred	1631
ninety-five million dollars.	1632

(2) The aggregate amount of tax credits authorized under	1633
divisions (B)(2) and (3) of this section and allowed to be claimed	1634
by taxpayers in any calendar year for capital improvement projects	1635
reviewed and approved by the tax credit authority in 2011, 2012,	1636
and 2013 combined shall not exceed twenty-five million dollars. An	1637
amount equal to the aggregate amount of credits first authorized	1638
in calendar year 2011, 2012, and 2013 may be claimed over the	1639
ensuing period up to fifteen years, subject to the terms of	1640
individual tax credit agreements.	1641

The limitations in division (M) of this section do not apply	1642
to credits for capital investment projects approved by the tax	1643
credit authority before July 1, 2009.	1644

Sec. 122.174. There is hereby created in the state treasury	1645
the ~~tax incentive programs operating~~business assistance fund.	1646
~~Money collected~~The fund shall consist of any amounts appropriated	1647
to it and money credited to the fund pursuant to division (I) of	1648
section 121.17, division (K) of section 122.171, division (K) of	1649
section 122.175, division (C) of section 3735.672, and division	1650
(C) of section 5709.68 of the Revised Code ~~shall be credited to~~	1651
~~the fund~~. The director of development services shall use money in	1652
the fund to pay expenses related to the administration of the ~~tax~~	1653
~~credit programs authorized by sections 122.17, 122.171, 3735.672,~~	1654
~~and 5709.68 of the Revised Code~~business services division of the	1655
development services agency.	1656

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

1657

(1) "Capital investment project" means a plan of investment	1658
at a project site for the acquisition, construction, renovation,	1659
expansion, replacement, or repair of a computer data center or of	1660
computer data center equipment, but does not include any of the	1661
following:	1662

(a) Project costs paid before a date determined by the tax	1663
credit authority for each capital investment project;	1664

(b) Payments made to a related member as defined in section	1665
5733.042 of the Revised Code or to a consolidated elected taxpayer	1666
or a combined taxpayer as defined in section 5751.01 of the	1667
Revised Code.	1668

(2) "Computer data center" means a facility used or to be	1669
used primarily to house computer data center equipment used or to	1670
be used in conducting a computer data center business, as	1671
determined by the tax credit authority.	1672

(3) "Computer data center business" means, as may be further	1673
determined by the tax credit authority, a business that provides	1674
electronic information services as defined in division (Y)(1)(c)	1675
of section 5739.01 of the Revised Code. "Computer data center	1676
business" does not include providing electronic publishing as	1677
defined in division (LLL) of that section.	1678

(4) "Computer data center equipment" means tangible personal	1679
property used or to be used for any of the following:	1680

(a) To conduct a computer data center business, including	1681
equipment cooling systems to manage the performance of computer	1682
data center equipment;	1683

(b) To generate, transform, transmit, distribute, or manage	1684
electricity necessary to operate the tangible personal property	1685
used or to be used in conducting a computer data center business;	1686

(c) As building and construction materials sold to	1687
construction contractors for incorporation into a computer data	1688
center.	1689

(5) "Eligible computer data center" means a computer data	1690
center that satisfies all of the following requirements:	1691

(a) The taxpayer will make payments for a capital investment	1692
project of at least one hundred million dollars in the aggregate	1693
at the project site during a period of three consecutive calendar	1694
years;	1695

(b) The taxpayer will pay annual compensation that is subject	1696
to the withholding obligation imposed under section 5747.06 of the	1697
Revised Code of at least five million dollars to employees	1698
employed at the project site for the term of the agreement.	1699

(6) "Person" has the same meaning as in section 5701.01 of	1700
the Revised Code.	1701

(7) "Project site," "related member," and "tax credit	1702
authority" have the same meanings as in sections 122.17 and	1703
122.171 of the Revised Code.	1704

(8) "Taxpayer" means any person subject to the taxes imposed	1705
under Chapters 5739. and 5741. of the Revised Code.	1706

(B) The tax credit authority may completely or partially	1707
exempt from the taxes levied under Chapters 5739. and 5741. of the	1708
Revised Code the sale, storage, use, or other consumption of	1709
computer data center equipment used or to be used at an eligible	1710
computer data center. Any such exemption shall extend to charges	1711
for the delivery, installation, or repair of the computer data	1712
center equipment subject to the exemption under this section.	1713

(C) A taxpayer that proposes a capital improvement project	1714
for an eligible computer data center in this state may apply to	1715
the tax credit authority to enter into an agreement under this	1716
section for a complete or partial exemption from the taxes imposed	1717
under Chapters 5739. and 5741. of the Revised Code on computer	1718
data center equipment used or to be used at the eligible computer	1719
data center. The director of development services shall prescribe	1720
the form of the application. After receipt of an application, the	1721
authority shall forward copies of the application to the director	1722
of budget and management, the tax commissioner, and the director	1723
of development services, each of whom shall review the application	1724
to determine the economic impact that the proposed eligible	1725
computer data center would have on the state and any affected	1726
political subdivisions and submit to the authority a summary of	1727
their determinations and recommendations.	1728

(D) Upon review and consideration of such determinations and	1729
recommendations, the tax credit authority may enter into an	1730
agreement with the taxpayer for a complete or partial exemption	1731
from the taxes imposed under Chapters 5739. and 5741. of the	1732
Revised Code on computer data center equipment used or to be used	1733
at an eligible computer data center if the authority determines	1734
all of the following:	1735

(1) The taxpayer's capital investment project for the	1736
eligible computer data center will increase payroll and the amount	1737
of income taxes to be withheld from employee compensation pursuant	1738
to section 5747.06 of the Revised Code.	1739

(2) The taxpayer is economically sound and has the ability to	1740
complete the proposed capital investment project.	1741

(3) The taxpayer intends to and has the ability to maintain	1742
operations at the project site for the term of the agreement.	1743

(4) Receiving the exemption is a major factor in the	1744
taxpayer's decision to begin, continue with, or complete the	1745
capital investment project.	1746

(E) An agreement entered into under this section shall	1747
include all of the following:	1748

(1) A detailed description of the capital investment project	1749
that is the subject of the agreement, including the amount of the	1750
investment, the period over which the investment has been or is	1751
being made, the annual compensation to be paid by the taxpayer to	1752
its employees at the project site, and the anticipated amount of	1753
income taxes to be withheld from employee compensation pursuant to	1754
section 5747.06 of the Revised Code.	1755

(2) The percentage of the exemption from the taxes imposed	1756
under Chapters 5739. and 5741. of the Revised Code for the	1757
computer data center equipment used or to be used at the eligible	1758
computer data center, the length of time the computer data center	1759
equipment will be exempted, and the first date on which the	1760
exemption applies.	1761

(3) A requirement that the taxpayer maintain the computer	1762
data center as an eligible computer data center during the term of	1763
the agreement and that the taxpayer maintain operations at the	1764
eligible computer data center during that term.	1765

(4) A requirement that during each year of the term of the	1766
agreement the taxpayer pay annual compensation that is subject to	1767
the withholding obligation imposed under section 5747.06 of the	1768
Revised Code of at least five million dollars to its employees at	1769
the eligible computer data center.	1770

(5) A requirement that the taxpayer annually report to the	1771
director of development services employment, tax withholding,	1772
capital investment, and other information required by the director	1773
to perform the director's duties under this section.	1774

(6) A requirement that the director of development services	1775
annually review the annual reports of the taxpayer to verify the	1776
information reported under division (E)(5) of this section and	1777
compliance with the agreement. Upon verification, the director	1778
shall issue a certificate to the taxpayer stating that the	1779
information has been verified and that the taxpayer remains	1780
eligible for the exemption specified in the agreement.	1781

(7) A provision providing that the taxpayer may not relocate	1782
a substantial number of employment positions from elsewhere in	1783
this state to the project site unless the director of development	1784
services determines that the taxpayer notified the legislative	1785
authority of the county, township, or municipal corporation from	1786
which the employment positions would be relocated. For purposes of	1787
this paragraph, the movement of an employment position from one	1788
political subdivision to another political subdivision shall be	1789
considered a relocation of an employment position unless the	1790
movement is confined to the project site. The transfer of an	1791
employment position from one political subdivision to another	1792
political subdivision shall not be considered a relocation of an	1793
employment position if the employment position in the first	1794
political subdivision is replaced by another employment position.	1795

(8) A waiver by the taxpayer of any limitations periods	1796
relating to assessments or adjustments resulting from the	1797
taxpayer's failure to comply with the agreement.	1798

(F) The term of an agreement under this section shall be	1799
determined by the tax credit authority, and the amount of the	1800
exemption shall not exceed one hundred per cent of such taxes that	1801
would otherwise be owed in respect to the exempted computer data	1802
center equipment.	1803

(G) If a taxpayer fails to meet or comply with any condition	1804
or requirement set forth in an agreement under this section, the	1805
tax credit authority may amend the agreement to reduce the	1806
percentage of the exemption or term during which the exemption	1807
applies to the computer data center equipment used or to be used	1808
at an eligible computer data center. The reduction of the	1809
percentage or term may take effect in the current calendar year.	1810

(H) Financial statements and other information submitted to	1811
the department of development services or the tax credit authority	1812
by an applicant for or recipient of an exemption under this	1813
section, and any information taken for any purpose from such	1814
statements or information, are not public records subject to	1815
section 149.43 of the Revised Code. However, the chairperson of	1816
the authority may make use of the statements and other information	1817
for purposes of issuing public reports or in connection with court	1818
proceedings concerning tax exemption agreements under this	1819
section. Upon the request of the tax commissioner, the chairperson	1820
of the authority shall provide to the tax commissioner any	1821
statement or other information submitted by an applicant for or	1822
recipient of an exemption under this section. The tax commissioner	1823
shall preserve the confidentiality of the statement or other	1824
information.	1825

(I) The tax commissioner shall issue a direct payment permit	1826
under section 5739.031 of the Revised Code to a taxpayer that	1827
enters into an agreement under this section. Such direct payment	1828
permit shall authorize the taxpayer to pay any sales and use taxes	1829
due on purchases of computer data center equipment used or to be	1830
used in an eligible computer data center and to pay any sales and	1831
use taxes due on purchases of tangible personal property or	1832
taxable services other than computer data center equipment used or	1833
to be used in an eligible computer data center directly to the tax	1834
commissioner. Each taxpayer shall pay pursuant to such direct	1835
payment permit all sales tax levied on such purchases under	1836
sections 5739.02, 5739.021, 5739.023, and 5739.026 of the Revised	1837
Code and all use tax levied on such purchases under sections	1838
5741.02, 5741.021, 5741.022, and 5741.023 of the Revised Code,	1839
consistent with the terms of the agreement entered into under this	1840
section.	1841

During the term of an agreement under this section the	1842
taxpayer shall submit to the tax commissioner a return that shows	1843
the amount of computer data center equipment purchased for use at	1844
the eligible computer data center, the amount of tangible personal	1845
property and taxable services other than computer data center	1846
equipment purchased for use at the eligible computer data center,	1847
the amount of tax under Chapter 5739. or 5741. of the Revised Code	1848
that would be due in the absence of the agreement under this	1849
section, the exemption percentage for computer data center	1850
equipment specified in the agreement, and the amount of tax due	1851
under Chapter 5739. or 5741. of the Revised Code as a result of	1852
the agreement under this section. The taxpayer shall pay the tax	1853
shown on the return to be due in the manner and at the times as	1854
may be further prescribed by the tax commissioner. The taxpayer	1855
shall include a copy of the director of ~~development's~~development	1856
services' certificate of verification issued under division (E)(6)	1857
of this section. Failure to submit a copy of the certificate with	1858
the return does not invalidate the claim for exemption if the	1859
taxpayer submits a copy of the certificate to the tax commissioner	1860
within sixty days after the tax commissioner requests it.	1861

(J) If the director of development services determines that a	1862
taxpayer that received an exemption under this section is not	1863
complying with the requirement under division (E)(3) of this	1864
section, the director shall notify the tax credit authority of the	1865
noncompliance. After receiving such a notice, and after giving the	1866
taxpayer an opportunity to explain the noncompliance, the	1867
authority may terminate the agreement and require the taxpayer to	1868
pay to the state all or a portion of the taxes that would have	1869
been owed in regards to the exempt equipment in previous years,	1870
all as determined under rules adopted pursuant to division (K) of	1871
this section. In determining the portion of the taxes that would	1872
have been owed on the previously exempted equipment to be paid to	1873
this state by the taxpayer, the authority shall consider the	1874
effect of market conditions on the taxpayer's eligible computer	1875
data center and whether the taxpayer continues to maintain other	1876
operations in this state. After making the determination, the	1877
authority shall certify to the tax commissioner the amount to be	1878
paid by the taxpayer. The tax commissioner shall make an	1879
assessment for that amount against the taxpayer under Chapter	1880
5739. or 5741. of the Revised Code. The time limitations on	1881
assessments under those chapters do not apply to an assessment	1882
under this division, but the tax commissioner shall make the	1883
assessment within one year after the date the authority certifies	1884
to the tax commissioner the amount to be paid by the taxpayer.	1885

(K) The director of development services, after consultation	1886
with the tax commissioner and in accordance with Chapter 119. of	1887
the Revised Code, shall adopt rules necessary to implement this	1888
section. The rules may provide for recipients of tax exemptions	1889
under this section to be charged fees to cover administrative	1890
costs incurred in the administration of this section. The fees	1891
collected shall be credited to the ~~tax incentive programs~~	1892
~~operating~~business assistance fund created in section 122.174 of	1893
the Revised Code. At the time the director gives public notice	1894
under division (A) of section 119.03 of the Revised Code of the	1895
adoption of the rules, the director shall submit copies of the	1896
proposed rules to the chairpersons of the standing committees on	1897
economic development in the senate and the house of	1898
representatives.	1899

(L) On or before the first day of August of each year, the	1900
director of development services shall submit a report to the	1901
governor, the president of the senate, and the speaker of the	1902
house of representatives on the tax exemption authorized under	1903
this section. The report shall include information on the number	1904
of agreements that were entered into under this section during the	1905
preceding calendar year, a description of the eligible computer	1906
data center that is the subject of each such agreement, and an	1907
update on the status of eligible computer data centers under	1908
agreements entered into before the preceding calendar year.	1909

Sec. 122.39. As used in sections 122.39 and 122.41 to 122.62	1910
of the Revised Code:	1911

(A) "Financial institution" means any banking corporation,	1912
trust company, insurance company, savings and loan association,	1913
building and loan association, or corporation, partnership,	1914
federal lending agency, foundation, or other institution engaged	1915
in lending or investing funds for industrial or business purposes.	1916

(B) "Project" means any real or personal property connected	1917
with or being a part of an industrial, distribution, commercial,	1918
or research facility to be acquired, constructed, reconstructed,	1919
enlarged, improved, furnished, or equipped, or any combination	1920
thereof, with aid furnished pursuant to Chapter 122. of the	1921
Revised Code, for industrial, commercial, distribution, and	1922
research development of the state.	1923

(C) "Community improvement corporation" means a corporation	1924
organized under Chapter 1724. of the Revised Code.	1925

(D) "Ohio development corporation" means a corporation	1926
organized under Chapter 1726. of the Revised Code.	1927

(E) "Mortgage" means the lien imposed on a project by a	1928
mortgage on real property, or by financing statements on personal	1929
property, or by a combination of a mortgage and financing	1930
statements when a project consists of both real and personal	1931
property.	1932

(F) "Mortgagor" means the principal user of a project or the	1933
person, corporation, partnership, or association unconditionally	1934
guaranteeing performance by such principal user of its obligations	1935
under the mortgage.	1936

Sec. 122.41. ~~(A)~~ The ~~development financing advisory council~~	1937
~~and the~~ director of development ~~are~~services is invested with the	1938
powers and duties provided in Chapter 122. of the Revised Code, in	1939
order to promote the welfare of the people of the state, to	1940
stabilize the economy, to provide employment, to assist in the	1941
development within the state of industrial, commercial,	1942
distribution, and research activities required for the people of	1943
the state, and for their gainful employment, or otherwise to	1944
create or preserve jobs and employment opportunities, or improve	1945
the economic welfare of the people of the state, and also to	1946
assist in the financing of air, water, or thermal pollution	1947
control facilities and solid waste disposal facilities by mortgage	1948
insurance as provided in section 122.451 of the Revised Code. It	1949
is hereby determined that the accomplishment of such purposes is	1950
essential so that the people of the state may maintain their	1951
present high standards in comparison with the people of other	1952
states and so that opportunities for employment and for favorable	1953
markets for the products of the state's natural resources,	1954
agriculture, and manufacturing shall be improved and that it is	1955
necessary for the state to establish the programs authorized	1956
pursuant to Chapter 122. of the Revised Code~~, to establish the~~	1957
~~development financing advisory council,~~ and to invest ~~it and~~ the	1958
director of development services with the powers and duties	1959
provided in Chapter 122. of the Revised Code. The powers granted	1960
to the director ~~of development~~ by Chapter 165. of the Revised Code	1961
are independent of and in addition and alternate to, and are not	1962
limited or restricted by, Chapter 122. of the Revised Code.	1963

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

1964

~~(1) Make recommendations to the director of development as to~~	1965
~~applications for assistance pursuant to sections 122.39 to 122.62~~	1966
~~or Chapter 166. of the Revised Code. The council may revise its~~	1967
~~recommendations to reflect any changes in the proposed assistance~~	1968
~~made by the director.~~	1969

~~(2) Advise the director in the administration of sections~~	1970
~~122.39 to 122.62 and Chapter 166. of the Revised Code;~~	1971

~~(3) Adopt bylaws to govern the conduct of the council's~~	1972
~~business.~~	1973

Sec. 122.42. (A) The director of development services shall	1974
do all of the following:	1975

(1) Receive applications for assistance under sections 122.39	1976
and 122.41 to 122.62 of the Revised Code~~, and, after processing,~~	1977
~~forward them to the development financing advisory board together~~	1978
~~with necessary supporting information~~;	1979

(2) ~~Receive the recommendations of the board and make~~Make a	1980
final determination whether to approve the application for	1981
assistance;	1982

(3) Transmit determinations to approve assistance to the	1983
controlling board together with any information the controlling	1984
board requires for the board's review and decision as to whether	1985
to approve the assistance;	1986

(4) Issue revenue bonds of the state through the treasurer of	1987
state, as necessary, payable solely from revenues and other	1988
sources as provided in sections 122.39 and 122.41 to 122.62 of the	1989
Revised Code.	1990

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

1991

(1) Fix the rate of interest and charges to be made upon or	1992
with respect to moneys loaned by the director and the terms upon	1993
which mortgages and lease rentals may be guaranteed and the rates	1994
of charges to be made for the loans and guarantees and to make	1995
provisions for the operation of the funds established by the	1996
director in accordance with this section and sections 122.54,	1997
122.55, 122.56, and 122.57 of the Revised Code;	1998

(2) Loan moneys from the fund established in accordance with	1999
section 122.54 of the Revised Code pursuant to and in compliance	2000
with sections 122.39 and 122.41 to 122.62 of the Revised Code;	2001

(3) Acquire in the name of the director any property of any	2002
kind or character in accordance with sections 122.39 and 122.41 to	2003
122.62 of the Revised Code, by purchase, purchase at foreclosure,	2004
or exchange on such terms and in such manner as the director	2005
considers proper;	2006

(4) Make and enter into all contracts and agreements	2007
necessary or incidental to the performance of the director's	2008
duties and the exercise of the director's powers under sections	2009
122.39 and 122.41 to 122.62 of the Revised Code;	2010

(5) Maintain, protect, repair, improve, and insure any	2011
property which the director has acquired and dispose of the same	2012
by sale, exchange, or lease for the consideration and on the terms	2013
and in the manner as the director considers proper, but is not	2014
authorized to operate any such property as a business except as	2015
the lessor of the property;	2016

(6)(a) When the cost of any contract for the maintenance,	2017
protection, repair, or improvement of any property held by the	2018
director other than compensation for personal services involves an	2019
expenditure of more than one thousand dollars, the director shall	2020
make a written contract with the lowest responsive and responsible	2021
bidder in accordance with section 9.312 of the Revised Code after	2022
advertisement for not less than two consecutive weeks in a	2023
newspaper of general circulation in the county where such	2024
contract, or some substantial part of it, is to be performed, and	2025
in such other publications as the director determines, which	2026
notice shall state the general character of the work and the	2027
general character of the materials to be furnished, the place	2028
where plans and specifications may be examined, and the time and	2029
place of receiving bids.	2030

(b) Each bid for a contract for the construction, demolition,	2031
alteration, repair, or reconstruction of an improvement shall	2032
contain the full name of every person interested in it and meet	2033
the requirements of section 153.54 of the Revised Code.	2034

(c) Each bid for a contract, except as provided in division	2035
(B)(6)(b) of this section, shall contain the full name of every	2036
person interested in it and shall be accompanied by bond or	2037
certified check on a solvent bank, in such amount as the director	2038
considers sufficient, that if the bid is accepted a contract will	2039
be entered into and the performance of the proposal secured.	2040

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

2041

(e) A bond with good and sufficient surety, approved by the	2042
director, shall be required of every contractor awarded a contract	2043
except as provided in division (B)(6)(b) of this section, in an	2044
amount equal to at least fifty per cent of the contract price,	2045
conditioned upon faithful performance of the contract.	2046

(7) Employ financial consultants, appraisers, consulting	2047
engineers, superintendents, managers, construction and accounting	2048
experts, attorneys, and other employees and agents as are	2049
necessary in the director's judgment and fix their compensation;	2050

(8) Assist qualified persons in the coordination and	2051
formation of a small business development company, having a	2052
statewide area of operation, conditional upon the company's	2053
agreeing to seek to obtain certification from the federal small	2054
business administration as a certified statewide development	2055
company and participation in the guaranteed loan program	2056
administered by the small business administration pursuant to the	2057
Act of July 2, 1980, 94 Stat. 837, 15 U.S.C.A. 697. During the	2058
initial period of formation of the statewide small business	2059
development company, the director shall provide technical and	2060
financial expertise, legal and managerial assistance, and other	2061
services as are necessary and proper to enable the company to	2062
obtain and maintain federal certification and participation in the	2063
federal guaranteed loan program. The director may charge a fee, in	2064
such amount and on such terms and conditions as the director	2065
determines necessary and proper, for assistance and services	2066
provided pursuant to division (B)(8) of this section.	2067

Persons chosen by the director to receive assistance in the	2068
formation of a statewide small business development company	2069
pursuant to division (B)(8) of this section shall make a special	2070
effort to use their participation in the federal guaranteed loan	2071
program to assist small businesses which are minority business	2072
enterprises as defined in division (E) of section 122.71 of the	2073
Revised Code. The director, with the assistance of the minority	2074
business development division of the department of development,	2075
shall provide technical and financial expertise, legal and	2076
managerial assistance, and other services in such a manner to	2077
enable the development company to provide assistance to small	2078
businesses which are minority business enterprises, and shall make	2079
available to the development company information pertaining to	2080
assistance available to minority business enterprises under	2081
programs established pursuant to sections 122.71 to 122.83, 122.87	2082
to 122.89, 122.92 to 122.94, 123.151, and 125.081 of the Revised	2083
Code.	2084

(9) Receive and accept grants, gifts, and contributions of	2085
money, property, labor, and other things of value to be held,	2086
used, and applied only for the purpose for which such grants,	2087
gifts, and contributions are made, from individuals, private and	2088
public corporations, from the United States or any agency of the	2089
United States, from the state or any agency of the state, and from	2090
any political subdivision of the state, and may agree to repay any	2091
contribution of money or to return any property contributed or the	2092
value of the property at such times, in such amounts, and on such	2093
terms and conditions, excluding the payment of interest, as the	2094
director determines at the time such contribution is made, and may	2095
evidence such obligations by notes, bonds, or other written	2096
instruments;	2097

(10) Establish with the treasurer of state the funds provided	2098
in sections 122.54, 122.55, 122.56, and 122.57 of the Revised	2099
Code, in addition to such funds as the director determines are	2100
necessary or proper;	2101

(11) Do all acts and things necessary or proper to carry out	2102
the powers expressly granted and the duties imposed in sections	2103
122.39 and 122.41 to 122.62 and Chapter 163. of the Revised Code.	2104

(C) All expenses and obligations incurred by the director in	2105
carrying out the director's powers and in exercising the	2106
director's duties under sections 122.39 and 122.41 to 122.62 of	2107
the Revised Code, shall be payable solely from the proceeds of	2108
revenue bonds issued pursuant to those sections, from revenues or	2109
other receipts or income of the director, from grants, gifts, and	2110
contributions, or funds established in accordance with those	2111
sections. Those sections do not authorize the director to incur	2112
indebtedness or to impose liability on the state or any political	2113
subdivision of the state.	2114

(D) Financial statements and financial data submitted to the	2115
director by any corporation, partnership, or person in connection	2116
with a loan application, or any information taken from such	2117
statements or data for any purpose, shall not be open to public	2118
inspection.	2119

Sec. 122.43. The director of development services, with	2120
controlling board approval, may lend funds which are obtained from	2121
the sale of revenue bonds issued by the treasurer of state	2122
pursuant to sections 122.39 and 122.41 to 122.62 of the Revised	2123
Code, from revenues or other receipts or income of the director,	2124
or funds established in accordance with sections 122.39 and 122.41	2125
to 122.62 of the Revised Code, and from grants, gifts, and	2126
contributions subject to any provisions of resolutions authorizing	2127
the revenue bonds or of trust agreements securing such bonds, to	2128
community improvement corporations and Ohio development	2129
corporations and other corporations, partnerships, and persons for	2130
the purpose of procuring or improving real or personal property,	2131
or both, for the establishment, location, or expansion of	2132
industrial, distribution, commercial, or research facilities in	2133
the state, and to community improvement corporations and Ohio	2134
development corporations for the purpose of loaning funds to other	2135
corporations, partnerships, and persons for the purpose of	2136
procuring or improving real or personal property, or both, for the	2137
establishment, location, or expansion of industrial, distribution,	2138
commercial, or research facilities in the state, if the director	2139
finds that:	2140

(A) The project is economically sound and will benefit the	2141
people of the state by increasing opportunities for employment and	2142
strengthening the economy of the state;	2143

(B) The proposed borrower, if other than a community	2144
improvement corporation or an Ohio development corporation, is	2145
unable to finance the proposed project through ordinary financial	2146
channels upon reasonable terms and at comparable interest rates,	2147
or the borrower, if a community improvement corporation or an Ohio	2148
development corporation, should not, in the opinion of the	2149
director, be required to finance the proposed project without a	2150
loan from the director;	2151

(C) The value of the project is, or upon completion thereof	2152
will be, at least equal to the total amount of the money expended	2153
in such procurement or improvement of which amount one or more	2154
financial institutions have loaned or invested not less than forty	2155
per cent;	2156

(D) The amount to be loaned by the director will not exceed	2157
fifty per cent of the total amount expended in the procurement or	2158
improvement of the project;	2159

(E) The amount to be loaned by the director will be	2160
adequately secured by a first or second mortgage upon the project,	2161
and by mortgages, leases, liens, assignments, or pledges on or of	2162
such other property or contracts as the director shall require and	2163
that such mortgage will not be subordinate to any other liens or	2164
mortgages except the liens securing loans or investments made by	2165
financial institutions referred to in division (C) of this	2166
section, and the liens securing loans previously made by any	2167
financial institution in connection with the procurement or	2168
expansion of all or part of a project.	2169

In no event may the ~~direectorDIRECTOR~~director lend funds	2170
under the authority of this section for the purpose of procuring	2171
or improving motor vehicles, power driven vehicles, office	2172
equipment, raw materials, small tools, supplies, inventories, or	2173
accounts receivable.	2174

Sec. 122.44. Fees, charges, rates of interest, times of	2175
payment of interest and principal, and other terms, conditions,	2176
and provisions of the loans made by the director of development	2177
services pursuant to sections 122.39 and 122.41 to 122.62 of the	2178
Revised Code shall be such as the director determines to be	2179
appropriate and in furtherance of the purpose for which the loans	2180
are made, but the mortgage lien securing any money loaned by the	2181
director may be subordinate to the mortgage lien securing any	2182
money loaned or invested by a financial institution, but shall be	2183
superior to that securing any money loaned or expended by any	2184
other corporation or person. The funds used in making such loans	2185
shall be disbursed upon order of the director.	2186

Sec. 122.48. Each issue of revenue bonds issued by the	2187
treasurer of state pursuant to sections 122.39 and 122.41 to	2188
122.62 of the Revised Code, shall be dated, shall bear interest at	2189
a rate or rates or at a variable rate, as provided in or	2190
authorized by the proceedings authorizing or providing for the	2191
terms and conditions of the revenue bonds, shall mature at such	2192
time or times, not to exceed forty years from date, as determined	2193
by the director of development services and may be made redeemable	2194
before maturity at the option of the director at such price or	2195
prices and under such terms and conditions as are fixed by the	2196
director prior to the issuance of the bonds. The director shall	2197
determine the form of the bonds, including any interest coupons to	2198
be attached thereto, and the denomination or denominations of the	2199
bonds and the place or places of payment of principal and	2200
interest, which may be at any bank or trust company within or	2201
without the state.	2202

The bonds shall be executed by the signature or facsimile	2203
signature of the treasurer of state, the official seal or a	2204
facsimile thereof of the state shall be affixed thereto and	2205
attested by the treasurer of state or designated treasurer of	2206
state, and any coupons attached thereto shall bear the facsimile	2207
signature of the treasurer of state. In case the person whose	2208
signature, or a facsimile of whose signature, appears on any bonds	2209
or coupons ceases to be such officer before delivery of bonds or	2210
in case such person was not at the date of such bonds or coupons	2211
such officer but at the actual date of execution of such bonds or	2212
coupons was the proper officer, such signature or facsimile shall	2213
nevertheless be valid and sufficient for all purposes the same as	2214
if hethe person had remained in office until such delivery.	2215

All revenue bonds issued under sections 122.39 and 122.41 to	2216
122.62 of the Revised Code, shall be negotiable instruments. The	2217
bonds may be issued in coupon or in registered form or both, as	2218
the treasurer determines. Provision may be made for the	2219
registration of any coupon bonds as to the principal alone and	2220
also as to both principal and interest, and for the reconversion	2221
into coupon bonds of any bonds registered as to both principal and	2222
interest. The treasurer of state may sell such bonds in the manner	2223
and for the price hethe treasurer of state determines to be for	2224
the best interest of the state.	2225

Prior to the preparation of definitive bonds, the treasurer	2226
of state may, under like restrictions, issue interim receipts or	2227
temporary bonds, with or without coupons, exchangeable for	2228
definitive bonds when such bonds have been executed and are	2229
available for delivery. The treasurer of state may also provide	2230
for the replacement of any bonds which become mutilated or are	2231
destroyed, stolen, or lost. Bonds may be issued under sections	2232
122.39 to 122.62 of the Revised Code, without obtaining the	2233
consent of any department, division, commission, board, bureau, or	2234
agency of the state, and without any other proceeding or the	2235
happening of any other conditions or things than those	2236
proceedings, conditions, or things which are specifically required	2237
by such sections.	2238

Sec. 122.49. The proceeds of each issue of revenue bonds	2239
issued pursuant to sections 122.39 and 122.41 to 122.62 of the	2240
Revised Code shall be used for the making of loans authorized in	2241
sections 122.43 and 122.45 of the Revised Code, for the purchase	2242
and improvement of property authorized in section 122.46 of the	2243
Revised Code, for insuring mortgage payments authorized in section	2244
122.451 of the Revised Code, and for the crediting into and among	2245
the funds established in accordance with sections 122.35, 122.54,	2246
122.55, 122.56, 122.561, and 122.57 of the Revised Code, but	2247
subject to such conditions, limitations, and covenants with the	2248
purchasers and holders of the bonds as shall be provided for in	2249
the bond authorization proceedings and in the trust agreement	2250
securing the same.	2251

Provision shall be made by the director of development	2252
services for the payment of the expenses of the director in	2253
operating the assistance programs authorized under this chapter in	2254
such manner and to such extent as shall be determined by the	2255
director.	2256

Sec. 122.50. Revenue bonds issued under sections 122.39 and	2257
122.41 to 122.62, inclusive, of the Revised Code, do not	2258
constitute a debt, or a pledge of the faith and credit, of the	2259
state or of any political subdivision thereof, but such bonds	2260
shall be payable solely from the funds pledged for their payment	2261
as authorized by such sections, or by funds derived from the	2262
issuance of refunding bonds as authorized in section 122.52 of the	2263
Revised Code, which refunding bonds shall be payable solely from	2264
funds pledged for their payment as authorized by such section. All	2265
such revenue bonds shall contain on the face thereof a statement	2266
to the effect that the bonds, as to both principal and interest,	2267
are not an obligation of the state or of any political subdivision	2268
thereof, but are payable solely from revenues pledged for their	2269
payment.	2270

Sec. 122.51. All revenue bonds issued under sections 122.39	2271
and 122.41 to 122.62, inclusive, of the Revised Code, are lawful	2272
investments of banks, building and loan and savings and loan	2273
associations, deposit guarantee associations, trust companies,	2274
trustees, fiduciaries, trustees or other officers having charge of	2275
sinking or bond retirement funds of municipal corporations and	2276
other subdivisions of this state, and of domestic insurance	2277
companies notwithstanding sections 3907.14 and 3925.08 of the	2278
Revised Code, and are acceptable as security for the deposit of	2279
public moneys.	2280

Sec. 122.52. The director of development services may	2281
provide for the issuance of revenue refunding bonds of the state	2282
by the treasurer of state, payable solely from the sinking funds	2283
established in accordance with section 122.51 of the Revised Code	2284
at the times and in the order and manner provided by the director	2285
and in any trust agreement securing such bonds and shall also be	2286
secured by moneys in the other funds established pursuant to	2287
sections 122.39 and 122.41 to 122.62 of the Revised Code to the	2288
extent and on the terms specified by the director, for the purpose	2289
of refunding any revenue bonds then outstanding which have been	2290
issued under sections 122.39 and 122.41 to 122.62 of the Revised	2291
Code, including the payment of any redemption premium thereon and	2292
any interest accrued or to accrue to the date of redemption of	2293
such bonds. The issuance of such bonds, the maturities and other	2294
details thereof, the rights of the holders thereof, and the	2295
rights, duties, and obligations of the director and treasurer of	2296
state in respect to such bonds shall be governed by such sections	2297
insofar as they are applicable.	2298

Sec. 122.53. In the discretion of the treasurer of state,	2299
any bonds issued under sections 122.39 and 122.41 to 122.62 of the	2300
Revised Code, may be secured by a trust agreement between the	2301
treasurer of state and a corporate trustee, which trustee may be	2302
any trust company or bank having the powers of a trust company	2303
within or without the state.	2304

Any such trust agreement may pledge or assign payments of	2305
principal of and interest on loans, charges, fees, and other	2306
revenue to be received by the director of development services,	2307
all rentals received under leases made by the director, and all	2308
proceeds of the sale or other disposition of property held by the	2309
director, and may provide for the holding in trust by the trustee	2310
to the extent provided for in the proceedings authorizing such	2311
bonds, of all such moneys and moneys otherwise payable into the	2312
mortgage guarantee fund created by section 122.56 of the Revised	2313
Code, and all moneys otherwise payable into the mortgage insurance	2314
fund created by section 122.561 of the Revised Code, and of moneys	2315
payable into the sinking fund or funds referred to in section	2316
122.57 of the Revised Code, but shall not convey or mortgage any	2317
of the real or personal property held by the director or any part	2318
thereof. Any such trust agreement, or any proceedings providing	2319
for the issuance of such bonds, may contain such provisions for	2320
protecting and enforcing the rights and remedies of the	2321
bondholders as are reasonable and proper and not in violation of	2322
law, including covenants setting forth the duties of the director	2323
in relation to the acquisition of property, and the construction,	2324
improvement, maintenance, repair, operation, and insurance of	2325
facilities, the making of loans and leases and the terms and	2326
provisions thereof, and the custody, safeguarding, investment, and	2327
application of all moneys, and provisions for the employment of	2328
consulting engineers or other consultants in connection with the	2329
making of loans and leases and the construction or operation of	2330
any facility. Any bank or trust company incorporated under the	2331
laws of this state which may act as trustee or as depository of	2332
the proceeds of bonds or of revenue may furnish such indemnifying	2333
bonds or may pledge such securities as are required by the	2334
treasurer of state. Any such trust agreement may set forth the	2335
rights and remedies of the bondholders and of the trustee, and may	2336
restrict the individual right of action by bondholders as is	2337
customary in trust agreements or trust indentures securing bonds	2338
or debentures of corporations. Such trust agreement may contain	2339
such other provisions as the treasurer of state deems reasonable	2340
and proper for the security of the bondholders. All expenses	2341
incurred by the treasurer of state in carrying out the provisions	2342
of any such trust agreement shall be treated as a part of the cost	2343
of the operation of the assistance programs authorized pursuant to	2344
Chapter 122. of the Revised Code. Any such trust agreement may	2345
provide the method whereby general administrative overhead expense	2346
of the director with respect to those assistance programs shall be	2347
allocated among the funds established pursuant to Chapter 122. of	2348
the Revised Code with respect to the operating expenses of the	2349
director payable out of the income of the assistance programs.	2350

Sec. 122.561. The mortgage insurance fund of the director of	2351
development services is hereby created to consist of all money	2352
allocated by the director from the proceeds of the sale of any	2353
issue of revenue bonds, to the extent and subject to the	2354
conditions provided in the proceedings authorizing such bonds or	2355
in the trust agreements securing such bonds, for the purpose of	2356
insuring mortgage payments pursuant to section 122.451 of the	2357
Revised Code, all grants and contributions made to the director	2358
for such purpose, all moneys deposited or credited to the mortgage	2359
insurance fund pursuant to section 169.05 of the Revised Code, all	2360
other moneys and property designated by the director and by law	2361
for such purpose, all mortgage insurance premiums charged and	2362
collected as provided in this section, and all receipts and	2363
proceeds from the sale, disposal, lease, or rental of real or	2364
personal property which the director may hold as a result of a	2365
default in an insured mortgage. The director shall fix mortgage	2366
insurance premiums for the insurance of mortgage payments pursuant	2367
to section 122.451 of the Revised Code, to be computed as a	2368
percentage of the principal obligation of the mortgage outstanding	2369
at the beginning of each mortgage year. Such insurance premiums	2370
shall not be more than three per cent per annum of the outstanding	2371
principal obligation, and shall be calculated on the basis of all	2372
pertinent available data. Such premiums shall be payable by the	2373
mortgagors or the mortgagees in such manner as is prescribed by	2374
the director. The amount of premium need not be uniform among the	2375
various mortgages insured. The director may provide for the	2376
custody, investment, and use of the unclaimed funds trust fund	2377
created by section 169.05 of the Revised Code and all mortgage	2378
insurance premiums, including the payment therefrom of the	2379
expenses and costs of the director in insuring mortgage payments	2380
pursuant to section 122.451 of the Revised Code. Any financial	2381
statements or financial data submitted to the director~~, the~~	2382
~~development financing advisory council,~~ or the controlling board	2383
in connection with any application for the insurance of mortgage	2384
payments, or any information taken from such statements or data,	2385
is not open to public inspection.	2386

Sec. 122.57. All payments of principal of and interest on	2387
the loans made by the director of development services, all	2388
rentals received under leases made by ~~him~~the director, and all	2389
proceeds of the sale or other disposition of property held by ~~him~~	2390
the director shall be placed in separate sinking funds to the	2391
extent provided in the proceedings authorizing revenue bonds which	2392
are hereby pledged to and charged with the payment of interest on,	2393
principal of and redemption premium on, the revenue bonds issued	2394
pursuant to sections 122.39 and 122.41 to 122.62 of the Revised	2395
Code to the extent provided in the proceedings authorizing and the	2396
trust agreements securing such bonds. The moneys therein in excess	2397
of the amounts required by the bond proceedings and trust	2398
agreements and all payments not so required to be paid into such	2399
sinking funds shall be retained or placed in such fund or in the	2400
other funds provided for by sections 122.35, 122.54, 122.42,	2401
122.55, 122.56, 122.561, and 122.57 of the Revised Code as the	2402
director shall determine, and shall be available for the uses for	2403
which such funds are established.	2404

Sec. 122.60. As used in sections 122.60 to 122.605 of the	2405
Revised Code:	2406

(A) "Capital access loan" means a loan made by a	2407
participating financial institution to an eligible business that	2408
may be secured by a deposit of money from the fund into the	2409
participating financial institution's program reserve account.	2410

(B) "Department of development" means the ~~department of~~	2411
development services agency.	2412

(C) "Eligible business" means a for-profit business entity,	2413
or a nonprofit entity, that had total annual sales in its most	2414
recently completed fiscal year of less than ten million dollars	2415
and that has a principal place of for-profit business or nonprofit	2416
entity activity within the state, the operation of which, alone or	2417
in conjunction with other facilities, will create new jobs or	2418
preserve existing jobs and employment opportunities and will	2419
improve the economic welfare of the people of the state. As used	2420
in this division, "new jobs" does not include existing jobs	2421
transferred from another facility within the state, and "existing	2422
jobs" means only existing jobs at facilities within the same	2423
municipal corporation or township in which the project, activity,	2424
or enterprise that is the subject of a capital access loan is	2425
located.	2426

(D) "Financial institution" means any bank, trust company,	2427
savings bank, or savings and loan association that is chartered by	2428
and has a significant presence in the state, or any national bank,	2429
federal savings and loan association, or federal savings bank that	2430
has a significant presence in the state.	2431

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

2432

(F) "Minority business supplier development council" has the	2433
same meaning as in section 122.71 of the Revised Code.	2434

(G) "Participating financial institution" means a financial	2435
institution that has a valid, current participation agreement with	2436
the ~~department~~development services agency.	2437

~~(G)~~(H) "Participation agreement" means the agreement between	2438
a financial institution and the ~~department~~agency under which a	2439
financial institution may participate in the program.	2440

~~(H)~~(I) "Passive real estate ownership" means the ownership of	2441
real estate for the sole purpose of deriving income from it by	2442
speculation, trade, or rental.	2443

~~(I)~~(J) "Program" means the capital access loan program	2444
created under section 122.602 of the Revised Code.	2445

~~(J)~~(K) "Program reserve account" means a dedicated account at	2446
each participating financial institution that is the property of	2447
the state and may be used by the participating financial	2448
institution only for the purpose of recovering a claim under	2449
section 122.604 of the Revised Code arising from a default on a	2450
loan made by the participating financial institution under the	2451
program.	2452

Sec. 122.601. There is hereby created in the state treasury	2453
the capital access loan program fund. The fund shall consist of	2454
money deposited into it from the minority business enterprise loan	2455
fund pursuant to section 122.80 of the Revised Code and the	2456
facilities establishment fund pursuant to section 166.03 of the	2457
Revised Code and all money deposited into it pursuant to section	2458
122.602 of the Revised Code. The total amount of money deposited	2459
into the fund from the minority business enterprise loan fund or	2460
the facilities establishment fund shall not exceed three million	2461
dollars during any particular fiscal year of the ~~department~~	2462
development services agency.	2463

The ~~department~~agency shall disburse money from the fund only	2464
to pay the operating costs of the program, including the	2465
administrative costs incurred by the ~~department~~agency in	2466
connection with the program, and only in keeping with the purposes	2467
specified in sections 122.60 to 122.605 of the Revised Code.	2468

Sec. 122.602. (A) There is hereby created in the department	2469
of development the capital access loan program to assist	2470
participating financial institutions in making program loans to	2471
eligible businesses that face barriers in accessing working	2472
capital and obtaining fixed asset financing. In administering the	2473
program, the director of development may do any of the following:	2474

(1) Receive and accept grants, gifts, and contributions of	2475
money, property, labor, and other things of value to be held,	2476
used, and applied only for the purpose for which the grants,	2477
gifts, and contributions are made, from individuals, private and	2478
public corporations, the United States or any agency of the United	2479
States, the state or any agency of the state, or any political	2480
subdivision of the state;	2481

(2) Agree to repay any contribution of money or return any	2482
property contributed or the value of that property at the times,	2483
in the amounts, and on the terms and conditions, excluding the	2484
payment of interest, that the director consents to at the time a	2485
contribution is made; and evidence obligations by notes, bonds, or	2486
other written instruments;	2487

(3) Adopt rules under Chapter 119. of the Revised Code to	2488
carry out the purposes of the program specified in sections 122.60	2489
to 122.605 of the Revised Code;	2490

(4) Engage in all other acts, and enter into contracts and	2491
execute all instruments, necessary or appropriate to carry out the	2492
purposes specified in sections 122.60 to 122.605 of the Revised	2493
Code.	2494

(B) The director shall determine the eligibility of a	2495
financial institution to participate in the program and may set a	2496
limit on the number of financial institutions that may participate	2497
in the program.	2498

(C) To be considered eligible by the director to participate	2499
in the program, a financial institution shall enter into a	2500
participation agreement with the department that sets out the	2501
terms and conditions under which the department will deposit	2502
moneys from the fund into the financial institution's program	2503
reserve account, specifies the criteria for loan qualification	2504
under the program, and contains any additional terms the director	2505
considers necessary.	2506

(D) After receiving the certification required under division	2507
(C) of section 122.603 of the Revised Code, the director may	2508
disburse moneys from the fund to a participating financial	2509
institution for deposit in its program reserve account if the	2510
director determines that the capital access loan involved meets	2511
all of the following criteria:	2512

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

2513

(2) It will be used by the eligible business for a project,	2514
activity, or enterprise that fosters economic development.	2515

(3) It will not be made in order to enroll in the program	2516
prior debt that is not covered under the program and that is owed	2517
or was previously owed by an eligible business to the financial	2518
institution.	2519

(4) It will not be utilized for a project or development	2520
related to the on-site construction or purchase of residential	2521
housing.	2522

(5) It will not be used to finance passive real estate	2523
ownership.	2524

(6) It conforms to the requirements of divisions (E), (F),	2525
(G), (H), and (I) of this section, and to the rules adopted by the	2526
director under division (A)(3) of this section.	2527

(E) The director shall not approve a deposit amount from the	2528
fund for a capital access loan to an eligible business that	2529
exceeds two hundred fifty thousand dollars for working capital or	2530
five hundred thousand dollars for the purchase of fixed assets. An	2531
eligible business may apply for the maximum deposit amount offor	2532
both working capital and the purchase of fixed assets in the same	2533
capital access loan enrollment.	2534

(F) A financial institution may apply to the director for the	2535
approval of a capital access loan to any business that is owned or	2536
operated by a person that has previously defaulted under any state	2537
financial assistance program.	2538

(G) Eligible businesses that apply for a capital access loan	2539
shall comply with section 9.66 of the Revised Code.	2540

(H) A financial institution may apply to the director for the	2541
approval of a capital access loan that refinances a nonprogram	2542
loan made by another financial institution.	2543

(I) The director shall not approve a capital access loan that	2544
refinances a nonprogram loan made by the same financial	2545
institution, unless the amount of the refinanced loan exceeds the	2546
existing debt, in which case only the amount exceeding the	2547
existing debt is eligible for a loan under the program.	2548

Sec. 122.603. (A)(1) Upon approval by the director of	2549
development services and after entering into a participation	2550
agreement with the ~~department of~~ development services agency, a	2551
participating financial institution making a capital access loan	2552
shall establish a program reserve account. The account shall be an	2553
interest-bearing account and shall contain only moneys deposited	2554
into it under the program and the interest payable on the moneys	2555
in the account.	2556

(2) All interest payable on the moneys in the program reserve	2557
account shall be added to the moneys and held as an additional	2558
loss reserve. The director may require that a portion or all of	2559
the accrued interest so held in the account be released to the	2560
~~department~~agency. If the director causes a release of accrued	2561
interest, the director shall deposit the released amount into the	2562
capital access loan program fund created in section 122.601 of the	2563
Revised Code. The director shall not require the release of that	2564
accrued interest more than twice in a fiscal year.	2565

(B) When a participating financial institution makes a	2566
capital access loan, it shall require the eligible business to pay	2567
to the participating financial institution a fee in an amount that	2568
is not less than one and one-half per cent, and not more than	2569
three per cent, of the principal amount of the loan. The	2570
participating financial institution shall deposit the fee into its	2571
program reserve account, and it also shall deposit into the	2572
account an amount of its own funds equal to the amount of the fee.	2573
The participating financial institution may recover from the	2574
eligible business all or part of the amount that the participating	2575
financial institution is required to deposit into the account	2576
under this division in any manner agreed to by the participating	2577
financial institution and the eligible business.	2578

(C) For each capital access loan made by a participating	2579
financial institution, the participating financial institution	2580
shall certify to the director, within a period specified by the	2581
director, that the participating financial institution has made	2582
the loan. The certification shall include the amount of the loan,	2583
the amount of the fee received from the eligible business, the	2584
amount of its own funds that the participating financial	2585
institution deposited into its program reserve account to reflect	2586
that fee, and any other information specified by the director. The	2587
certification also shall indicate if the eligible business	2588
receiving the capital access loan is a minority business	2589
enterprise as defined in section 122.71 of the Revised Code or	2590
certified by the minority business supplier development council.	2591

(D)(1)(a) Upon receipt of each of the first three	2592
certifications from a participating financial institution made	2593
under division (C) of this section and subject to section 122.602	2594
of the Revised Code, the director shall disburse to the	2595
participating financial institution from the capital access loan	2596
program fund an amount ~~equal~~not to exceed fifty per cent of the	2597
principal amount of the particular capital access loan for deposit	2598
into the participating financial institution's program reserve	2599
account. Thereafter, upon receipt of a certification from that	2600
participating financial institution made under division (C) of	2601
this section and subject to section 122.602 of the Revised Code,	2602
the director shall disburse to the participating financial	2603
institution from the capital access loan program fund an amount	2604
equal to ten per cent of the principal amount of the particular	2605
capital access loan for deposit into the participating financial	2606
institution's program reserve account.	2607

(b) Notwithstanding division (D)(1)(a) of this section, and	2608
subject to section 122.602 of the Revised Code, upon receipt of	2609
any certification from a participating financial institution made	2610
under division (C) of this section with respect to a capital	2611
access loan made to an eligible business that is a minority	2612
business enterprise, the director shall disburse to the	2613
participating financial institution from the capital access loan	2614
program fund an amount ~~equal~~not to exceed eighty per cent of the	2615
principal amount of the particular capital access loan for deposit	2616
into the participating financial institution's program reserve	2617
account.	2618

(2) The disbursement of moneys from the fund to a	2619
participating financial institution does not require approval from	2620
the controlling board.	2621

(E) If the amount in a program reserve account exceeds an	2622
amount equal to thirty-three per cent of a participating financial	2623
institution's outstanding capital access loans, the ~~department~~	2624
agency may cause the withdrawal of the excess amount and the	2625
deposit of the withdrawn amount into the capital access loan	2626
program fund.	2627

(F)(1) The ~~department~~agency may cause the withdrawal of the	2628
total amount in a participating financial institution's program	2629
reserve account if any of the following applies:	2630

(a) The financial institution is no longer eligible to	2631
participate in the program.	2632

(b) The participation agreement expires without renewal by	2633
the ~~department~~agency or the financial institution.	2634

(c) The financial institution has no outstanding capital	2635
access loans.	2636

(d) The financial institution has not made a capital access	2637
loan within the preceding twenty-four months.	2638

(2) If the ~~department~~agency causes a withdrawal under	2639
division (F)(1) of this section, the ~~department~~agency shall	2640
deposit the withdrawn amount into the capital access loan program	2641
fund.	2642

Sec. 122.61. The exercise of the powers granted by sections	2643
122.39 and 122.41 to 122.62 of the Revised Code, will be in all	2644
respects for the benefit of the people of the state, for the	2645
increase of their commerce and prosperity, and for the improvement	2646
of conditions of employment, and will constitute the performance	2647
of essential governmental functions; therefore the director of	2648
development services shall not be required to pay any taxes upon	2649
any of property or assets held by ~~him~~the director, or upon any	2650
property acquired or used by ~~him~~the director under sections	2651
122.39 and 122.41 to 122.62 of the Revised Code, or upon the	2652
income therefrom, provided, such exemption shall not apply to any	2653
property held by the director while it is in the possession of a	2654
private person, partnership, or corporation and used for private	2655
purposes for profit. The bonds, notes, or other obligations issued	2656
under such sections, their transfer, and the income therefrom,	2657
including any profit made on the sale thereof, shall at all times	2658
be free from taxation within the state.	2659

Sec. 122.62. All moneys received under sections 122.39 and	2660
122.41 to 122.62 of the Revised Code as proceeds from the sale of	2661
bonds are trust funds. All moneys received under those sections	2662
shall be held and applied solely as provided in such sections and	2663
section 166.03 of the Revised Code. All such moneys, except as	2664
otherwise provided in any proceedings authorizing revenue bonds or	2665
in any trust agreement securing such bonds or except when	2666
deposited with the treasurer of state, or except as they may be	2667
invested pursuant to section 122.58 of the Revised Code, shall be	2668
kept in depositories as selected by the director of development	2669
services in the manner provided in sections 135.01 to 135.21 of	2670
the Revised Code, insofar as such sections are applicable, and the	2671
deposits shall be secured as provided in sections 135.01 to 135.21	2672
of the Revised Code. The proceedings authorizing the issuance of	2673
bonds of any issue or the trust agreement securing such bonds	2674
shall provide that any official to whom, or any bank or trust	2675
company to which, such moneys are paid, shall act as trustee of	2676
such moneys and hold and apply them for the purposes of sections	2677
122.39 and 122.41 to 122.62 of the Revised Code, subject to such	2678
rules as such sections and such bond issuance proceedings or trust	2679
agreement provide.	2680

Sec. 122.64. (A) There is hereby established in the	2681
~~department of~~ development services agency a business services	2682
division ~~of economic development~~. The division shall be supervised	2683
by a deputy director appointed by the director of development	2684
services.	2685

The division is responsible for the administration of the	2686
state economic development financing programs established pursuant	2687
to sections 122.17 and 122.18, sections 122.39 and 122.41 to	2688
122.62, and Chapter 166. of the Revised Code ~~and for coordinating~~	2689
~~the activities of the development financing advisory council so as~~	2690
~~to ensure the efficient administration of the programs~~.	2691

(B) The director of development services shall:

2692

(1) ~~Appoint an individual to serve as director of the~~	2693
~~development financing advisory council;~~	2694

~~(2)~~ Receive applications for assistance pursuant to sections	2695
122.39 and 122.41 to 122.62 and Chapter 166. of the Revised Code.	2696
The director shall process the applications ~~and, except as~~	2697
~~provided in division (C)(2) of section 166.05 of the Revised Code,~~	2698
~~forward them to the development financing advisory council. As~~	2699
~~appropriate, the director shall receive the recommendations of the~~	2700
~~council as to applications for assistance~~.	2701

~~(3)~~(2) With the approval of the director of administrative	2702
services, establish salary schedules for employees of the various	2703
positions of employment with the division and assign the various	2704
positions to those salary schedules;	2705

~~(4) Furnish and pay for, out of funds appropriated to the~~	2706
~~department of development for that purpose, office space and~~	2707
~~associated utilities service, for the development financing~~	2708
~~advisory council;~~	2709

~~(5)~~(3) Employ and fix the compensation of financial	2710
consultants, appraisers, consulting engineers, superintendents,	2711
managers, construction and accounting experts, attorneys, and	2712
other agents for the assistance programs authorized pursuant to	2713
sections 122.17 and 122.18, sections 122.39 and 122.41 to 122.62,	2714
and Chapter 166. of the Revised Code as are necessary;	2715

~~(6)~~(4) Supervise the administrative operations of the	2716
division;	2717

~~(7)~~(5) On or before the first day of October in each year,	2718
make an annual report of the activities and operations under	2719
assistance programs authorized pursuant to sections 122.39 and	2720
122.41 to 122.62 and Chapter 166. of the Revised Code for the	2721
preceding fiscal year to the governor and the general assembly.	2722
Each such report shall set forth a complete operating and	2723
financial statement covering such activities and operations during	2724
the year in accordance with generally accepted accounting	2725
principles and shall be audited by a certified public accountant.	2726
The director of development services shall transmit a copy of the	2727
audited financial report to the office of budget and management.	2728

Sec. 122.76. (A) The director of development services, with	2729
controlling board approval, may lend funds to minority business	2730
enterprises and to community improvement corporations, Ohio	2731
development corporations, minority contractors business assistance	2732
organizations, and minority business supplier development councils	2733
for the purpose of loaning funds to minority business enterprises	2734
and for the purpose of procuring or improving real or personal	2735
property, or both, for the establishment, location, or expansion	2736
of industrial, distribution, commercial, or research facilities in	2737
the state, and to community development corporations that	2738
predominantly benefit minority business enterprises or are located	2739
in a census tract that has a population that is sixty per cent or	2740
more minority if the director determines, in the director's sole	2741
discretion, that all of the following apply:	2742

(1) The project is economically sound and will benefit the	2743
people of the state by increasing opportunities for employment, by	2744
strengthening the economy of the state, or expanding minority	2745
business enterprises.	2746

(2) The proposed minority business enterprise borrower is	2747
unable to finance the proposed project through ordinary financial	2748
channels at comparable terms.	2749

(3) The value of the project is or, upon completion, will be	2750
at least equal to the total amount of the money expended in the	2751
procurement or improvement of the project.	2752

(4) The amount to be loaned by the director will not exceed	2753
~~sixty~~seventy-five per cent of the total amount expended in the	2754
procurement or improvement of the project.	2755

(5) The amount to be loaned by the director will be	2756
adequately secured by a first or second mortgage upon the project	2757
or by mortgages, leases, liens, assignments, or pledges on or of	2758
other property or contracts as the director requires, and such	2759
mortgage will not be subordinate to any other liens or mortgages	2760
except the liens securing loans or investments made by financial	2761
institutions referred to in division (A)(3) of this section, and	2762
the liens securing loans previously made by any financial	2763
institution in connection with the procurement or expansion of all	2764
or part of a project.	2765

(B) Any proposed minority business enterprise borrower	2766
submitting an application for assistance under this section shall	2767
not have defaulted on a previous loan from the director, and no	2768
full or limited partner, major shareholder, or holder of an equity	2769
interest of the proposed minority business enterprise borrower	2770
shall have defaulted on a loan from the director.	2771

(C) The proposed minority business enterprise borrower shall	2772
demonstrate to the satisfaction of the director that it is able to	2773
successfully compete in the private sector if it obtains the	2774
necessary financial, technical, or managerial support and that	2775
support is available through the director, the minority business	2776
development office of the department of development, or other	2777
identified and acceptable sources. In determining whether a	2778
minority business enterprise borrower will be able to successfully	2779
compete, the director may give consideration to such factors as	2780
the successful completion of or participation in courses of study,	2781
recognized by the board of regents as providing financial,	2782
technical, or managerial skills related to the operation of the	2783
business, by the economically disadvantaged individual, owner, or	2784
partner, and the prior success of the individual, owner, or	2785
partner in personal, career, or business activities, as well as to	2786
other factors identified by the director.	2787

(D) The director shall not lend funds for the purpose of	2788
procuring or improving motor vehicles or accounts receivable.	2789

Sec. 122.80. There is hereby created in the state treasury	2790
the minority business enterprise loan fund. The fund shall consist	2791
of money deposited into the fund from the facilities establishment	2792
fund pursuant to section 166.03 of the Revised Code and all money	2793
deposited into the fund pursuant to section 122.81 of the Revised	2794
Code. The director of development shall use the fund to pay	2795
operating costs of the minority development financing advisory	2796
board, make loans to minority business enterprises as authorized	2797
in division (A) of section 122.76 of the Revised Code ~~and~~, loan	2798
guarantees to small businesses as authorized in division (A) of	2799
section 122.77 of the Revised Code, and for transfer to the	2800
capital access loan program fund established in section 122.601 of	2801
the Revised Code.	2802

Sec. 122.86. (A) As used in this section and section 5747.81	2803
of the Revised Code:	2804

(1) "Small business enterprise" means a corporation,	2805
pass-through entity, or other person satisfying all of the	2806
following:	2807

(a) At the time of a qualifying investment, the enterprise	2808
meets all of the following requirements:	2809

(i) Has no outstanding tax or other liabilities owed to the	2810
state;	2811

(ii) Is in good standing with the secretary of state, if the	2812
enterprise is required to be registered with the secretary;	2813

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

2814

(iv) Is not engaged in any illegal activity.

2815

(b) At the time of a qualifying investment, the enterprise's	2816
assets according to generally accepted accounting principles do	2817
not exceed fifty million dollars, or its annual sales do not	2818
exceed ten million dollars;. When making this determination, the	2819
assets and annual sales of all of the enterprise's related or	2820
affiliated entities shall be included in the calculation.	2821

~~(b)~~(c) The enterprise employs at least fifty full-time	2822
equivalent employees in this state for whom the enterprise is	2823
required to withhold income tax under section 5747.06 of the	2824
Revised Code, or more than one-half the enterprise's total number	2825
of full-time equivalent employees employed anywhere in the United	2826
States are employed in this state and are subject to that	2827
withholding requirement.	2828

~~(c)~~(d) The enterprise, within six months after an eligible	2829
investor's qualifying investment is made, invests in or incurs	2830
cost for one or more of the following in an amount at least equal	2831
to the amount of the qualifying investment:	2832

(i) Tangible personal property, other than motor vehicles	2833
operated on public roads and highways, used in business and	2834
physically located in this state from the time of its acquisition	2835
by the enterprise until the end of the investor's holding period;	2836

(ii) Motor vehicles operated on public roads and highways if,	2837
from the time of acquisition by the enterprise until the end of	2838
the investor's holding period, the motor vehicles are purchased in	2839
this state, registered in this state under Chapter 4503. of the	2840
Revised Code, are used primarily for business purposes, and are	2841
necessary for the operation of the enterprise's business;	2842

(iii) Real property located in this state that is used in	2843
business from the time of its acquisition by the enterprise until	2844
the end of the holding period;	2845

(iv) Intangible personal property, including patents,	2846
copyrights, trademarks, service marks, or licenses used in	2847
business primarily in this state from the time of its acquisition	2848
by the enterprise until the end of the holding period;	2849

(v) Compensation for new employees of the enterprise for whom	2850
the enterprise is required to withhold income tax under section	2851
5747.06 of the Revised Code, not including increased compensation	2852
for owners, officers, or managers of the enterprise. For this	2853
purpose compensation for new employees includes compensation for	2854
newly hired or retained employees.	2855

(2) "Qualifying investment" means an investment of money made	2856
on or after July 1, 2011, to acquire capital stock or other equity	2857
interest in a small business enterprise. "Qualifying investment"	2858
does not include ~~any~~either of the following:	2859

(a) Any investment of money an eligible investor derives,	2860
directly or indirectly, from a grant or loan from the federal	2861
government or the state or a political subdivision, including the	2862
third frontier program under Chapter 184. of the Revised Code;	2863

(b) Any investment of money which is the basis of a tax	2864
credit granted under any other section of the Revised Code.	2865

(3) "Eligible investor" means an individual, estate, or trust	2866
subject to the tax imposed by section 5747.02 of the Revised Code,	2867
or a pass-through entity in which such an individual, estate, or	2868
trust holds a direct or indirect ownership or other equity	2869
interest. To qualify as an eligible investor, the individual,	2870
estate, trust, or pass-through entity shall not owe any	2871
outstanding tax or other liability to the state at the time of a	2872
qualifying investment.	2873

(4) "Holding period" means:

2874

(a) For qualifying investments made on or after July 1, 2011,	2875
but before July 1, 2013, the two-year period beginning on the day	2876
the investment was made;	2877

(b) For qualifying investments made on or after July 1, 2013,	2878
the five-year period beginning on the day the investment was made.	2879

(5) "Pass-through entity" has the same meaning as in section	2880
5733.04 of the Revised Code.	2881

(B) Any eligible investor that makes a qualifying investment	2882
in a small business enterprise on or after July 1, 2011, may apply	2883
to the director of development services to obtain a small business	2884
investment certificate from the director. Alternatively, a small	2885
business enterprise may apply on behalf of eligible investors to	2886
obtain the certificates for those investors. The director, in	2887
consultation with the tax commissioner, shall prescribe the form	2888
or manner in which an applicant shall apply for the certificate,	2889
devise the form of the certificate, and prescribe any records or	2890
other information an applicant shall furnish with the application	2891
to evidence the qualifying investment. The applicant shall state	2892
the amount of the intended investment. The applicant shall pay an	2893
application fee equal to the greater of one-tenth of one per cent	2894
of the amount of the intended investment or one hundred dollars.	2895

A small business investment certificate entitles the	2896
certificate holder to receive a tax credit under section 5747.81	2897
of the Revised Code if the certificate holder qualifies for the	2898
credit as otherwise provided in this section. If the certificate	2899
holder is a pass-through entity, the certificate entitles the	2900
entity's equity owners to receive their distributive or	2901
proportionate shares of the credit. In any fiscal biennium, an	2902
eligible investor may not apply for small business investment	2903
certificates representing intended investment amounts in excess of	2904
ten million dollars. Such certificates are not transferable.	2905

The director of development ~~shall issue~~services may reserve	2906
small business investment certificates to qualifying applicants in	2907
the order in which the director receives applications, but may	2908
issue the certificates as the applications are completed. An	2909
application is completed when the director has validated that an	2910
eligible investor has made a qualified investment and the small	2911
business enterprise has made the appropriate reinvestment of the	2912
qualified investment pursuant to the requirements of division	2913
(A)(1)(d) of this section. To qualify for a certificate, an	2914
eligible investor must satisfy both of the following, subject to	2915
the limitation on the amount of qualifying investments for which	2916
certificates may be issued under division (C) of this section:	2917

(1) The eligible investor makes a qualifying investment on or	2918
after July 1, 2011.	2919

(2) The eligible investor pledges not to sell or otherwise	2920
dispose of the qualifying investment before the conclusion of the	2921
applicable holding period.	2922

(C)(1) The amount of any eligible investor's qualifying	2923
investments for which small business investment certificates may	2924
be issued for a fiscal biennium shall not exceed ten million	2925
dollars.	2926

(2) The director of development services shall not issue a	2927
small business investment certificate to an eligible investor	2928
representing an amount of qualifying investment in excess of the	2929
amount of the intended investment indicated on the investor's	2930
application for the certificate.	2931

(3) The director of development services shall not issue	2932
small business investment certificates in a total amount that	2933
would cause the tax credits claimed in any fiscal biennium to	2934
exceed one hundred million dollars.	2935

(4) The director of development services may issue a small	2936
business investment certificate only if both of the following	2937
apply at the time of issuance:	2938

(a) The small business enterprise meets all the requirements	2939
listed in divisions (A)(1)(a)(i) to (iv) of this section;	2940

(b) The eligible investor does not owe any outstanding tax or	2941
other liability to the state.	2942

(D) Before the end of the applicable holding period of a	2943
qualifying investment, each enterprise in which a qualifying	2944
investment was made for which a small business investment	2945
certificate has been issued, upon the request of the director of	2946
development services, shall provide to the director records or	2947
other evidence satisfactory to the director that the enterprise is	2948
a small business enterprise for the purposes of this section. Each	2949
enterprise shall also provide annually to the director records or	2950
evidence regarding the number of jobs created or retained in the	2951
state. No credit may be claimed under this section and section	2952
5747.81 of the Revised Code if the director finds that an	2953
enterprise is not a small business enterprise for the purposes of	2954
this section. The director shall compile and maintain a register	2955
of small business enterprises qualifying under this section and	2956
shall certify the register to the tax commissioner. The director	2957
shall also compile and maintain a record of the number of jobs	2958
created or retained as a result of qualifying investments made	2959
pursuant to this section.	2960

(E) After the conclusion of the applicable holding period for	2961
a qualifying investment, a person to whom a small business	2962
investment certificate has been issued under this section may	2963
claim a credit as provided under section 5747.81 of the Revised	2964
Code.	2965

(F) The director of development services, in consultation	2966
with the tax commissioner, may adopt rules for the administration	2967
of this section, including rules governing the following:	2968

(1) Documents, records, or other information eligible	2969
investors shall provide to the director;	2970

(2) Any information a small business enterprise shall provide	2971
for the purposes of this section and section 5747.81 of the	2972
Revised Code;	2973

(3) Determination of the number of full-time equivalent	2974
employees of a small business enterprise;	2975

(4) Verification of a small business enterprise's investment	2976
in tangible personal property and intangible personal property	2977
under division (A)(1)~~(c)~~(d) of this section, including when such	2978
investments have been made and where the property is used in	2979
business;	2980

(5) Circumstances under which small business enterprises or	2981
eligible investors may be subverting the purposes of this section	2982
and section 5747.81 of the Revised Code.	2983

There is hereby created in the state treasury the InvestOhio	2984
support fund. The fund shall consist of the fees paid under	2985
division (B) of this section and shall be used by the development	2986
services agency to pay the costs of administering the small	2987
business investment certificate program established under this	2988
section.	2989

Sec. 122.942. The director of development services shall,	2990
with respect to each project for which a loan, grant, tax credit,	2991
or other state-funded financial assistance is awarded by the	2992
development services agency, make all of the following information	2993
available to the public within thirty days after the agency enters	2994
into a contract with the recipient:	2995

(A) A summary of the project that includes all of the	2996
following:	2997

(1) A breakdown of the sources of the funds for each aspect	2998
of the project, such as state or federal programs, the operating	2999
company or entity itself, or any private financing, and a complete	3000
description of how each type of funds is to be used;	3001

(2) The total amount of assistance awarded;

3002

(3) A brief description of the project;

3003

(4) The following information regarding the project:

3004

(a) The operating company or entity that is awarded the	3005
assistance;	3006

(b) The products or services provided by the operating	3007
company or entity;	3008

(c) The number of new jobs, at-risk jobs, and retained jobs	3009
anticipated; the hourly wages and hourly benefits of those jobs;	3010
and the dollar amount of assistance per job affected.	3011

(5) The strengths and weaknesses of the project;

3012

(6) The location of the project, the location of the	3013
operating company or entity, and whether relocation is involved;	3014

(7) The Ohio house district and Ohio senate district in which	3015
the project is located;	3016

(8) The payment terms and conditions of the assistance	3017
awarded;	3018

(9) The collateral or security required;

3019

(10) The recommendation of the staff assigned to the project.

3020

(B) A comprehensive report that provides a description of the	3021
operating company or entity; all relevant information regarding	3022
the project; an analysis of the operating company or entity and	3023
the goods or services it provides; the explicit terms of any	3024
collateral or security required; and the reasoning behind the	3025
staffs' recommendation.	3026

(C) Any other relevant information the controlling board may	3027
request, or the director may consider necessary to more fully	3028
describe the details of the assistance or the operating company or	3029
entity, that is provided before the controlling board approves the	3030
assistance.	3031

Nothing in this section shall be construed as requiring the	3032
disclosure of information that is not a public record under	3033
section 149.43 of the Revised Code.	3034

Sec. 122.97. (A) The business development and assistance	3035
fund is hereby created in the state treasury. Investment earnings	3036
on moneys in the fund shall be credited to the fund. The	3037
development services agency shall deposit any money it receives	3038
for business development services and business assistance services	3039
to the credit of the fund, including:	3040

(1) Reimbursements for services provided for business	3041
development and business assistance services;	3042

(2) Contract or grant payments from private entities;

3043

(3) Donations or sponsorship payments from private entities;

3044

(4) Contract or grant payments from public agencies or	3045
political subdivisions.	3046

(B) The agency shall use money in the fund for any agency	3047
operating purposes or programs providing business support or	3048
business assistance, including grants, loans, or administrative	3049
expenses.	3050

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

3051

(1) "Public record" means records kept by any public office,	3052
including, but not limited to, state, county, city, village,	3053
township, and school district units, and records pertaining to the	3054
delivery of educational services by an alternative school in this	3055
state kept by the nonprofit or for-profit entity operating the	3056
alternative school pursuant to section 3313.533 of the Revised	3057
Code. "Public record" does not mean any of the following:	3058

(a) Medical records;

3059

(b) Records pertaining to probation and parole proceedings or	3060
to proceedings related to the imposition of community control	3061
sanctions and post-release control sanctions;	3062

(c) Records pertaining to actions under section 2151.85 and	3063
division (C) of section 2919.121 of the Revised Code and to	3064
appeals of actions arising under those sections;	3065

(d) Records pertaining to adoption proceedings, including the	3066
contents of an adoption file maintained by the department of	3067
health under section 3705.12 of the Revised Code;	3068

(e) Information in a record contained in the putative father	3069
registry established by section 3107.062 of the Revised Code,	3070
regardless of whether the information is held by the department of	3071
job and family services or, pursuant to section 3111.69 of the	3072
Revised Code, the office of child support in the department or a	3073
child support enforcement agency;	3074

(f) Records listed in division (A) of section 3107.42 of the	3075
Revised Code or specified in division (A) of section 3107.52 of	3076
the Revised Code;	3077

(g) Trial preparation records;

3078

(h) Confidential law enforcement investigatory records;

3079

(i) Records containing information that is confidential under	3080
section 2710.03 or 4112.05 of the Revised Code;	3081

(j) DNA records stored in the DNA database pursuant to	3082
section 109.573 of the Revised Code;	3083

(k) Inmate records released by the department of	3084
rehabilitation and correction to the department of youth services	3085
or a court of record pursuant to division (E) of section 5120.21	3086
of the Revised Code;	3087

(l) Records maintained by the department of youth services	3088
pertaining to children in its custody released by the department	3089
of youth services to the department of rehabilitation and	3090
correction pursuant to section 5139.05 of the Revised Code;	3091

(m) Intellectual property records;

3092

(n) Donor profile records;

3093

(o) Records maintained by the department of job and family	3094
services pursuant to section 3121.894 of the Revised Code;	3095

(p) Peace officer, parole officer, probation officer,	3096
bailiff, prosecuting attorney, assistant prosecuting attorney,	3097
correctional employee, youth services employee, firefighter, EMT,	3098
or investigator of the bureau of criminal identification and	3099
investigation residential and familial information;	3100

(q) In the case of a county hospital operated pursuant to	3101
Chapter 339. of the Revised Code or a municipal hospital operated	3102
pursuant to Chapter 749. of the Revised Code, information that	3103
constitutes a trade secret, as defined in section 1333.61 of the	3104
Revised Code;	3105

(r) Information pertaining to the recreational activities of	3106
a person under the age of eighteen;	3107

(s) Records provided to, statements made by review board	3108
members during meetings of, and all work products of a child	3109
fatality review board acting under sections 307.621 to 307.629 of	3110
the Revised Code, and child fatality review data submitted by the	3111
child fatality review board to the department of health or a	3112
national child death review database, other than the report	3113
prepared pursuant to division (A) of section 307.626 of the	3114
Revised Code;	3115

(t) Records provided to and statements made by the executive	3116
director of a public children services agency or a prosecuting	3117
attorney acting pursuant to section 5153.171 of the Revised Code	3118
other than the information released under that section;	3119

(u) Test materials, examinations, or evaluation tools used in	3120
an examination for licensure as a nursing home administrator that	3121
the board of examiners of nursing home administrators administers	3122
under section 4751.04 of the Revised Code or contracts under that	3123
section with a private or government entity to administer;	3124

(v) Records the release of which is prohibited by state or	3125
federal law;	3126

(w) Proprietary information of or relating to any person that	3127
is submitted to or compiled by the Ohio venture capital authority	3128
created under section 150.01 of the Revised Code;	3129

(x) Information reported and evaluations conducted pursuant	3130
to section 3701.072 of the Revised Code;	3131

(y) Financial statements and data any person submits for any	3132
purpose to the Ohio housing finance agency or the controlling	3133
board in connection with applying for, receiving, or accounting	3134
for financial assistance from the agency, and information that	3135
identifies any individual who benefits directly or indirectly from	3136
financial assistance from the agency;	3137

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

3138

(aa) Discharges recorded with a county recorder under section	3139
317.24 of the Revised Code, as specified in division (B)(2) of	3140
that section;	3141

(bb) Usage information including names and addresses of	3142
specific residential and commercial customers of a municipally	3143
owned or operated public utility;	3144

(cc) Records described in division (C) of section 187.04 of	3145
the Revised Code that are not designated to be made available to	3146
the public as provided in that division.	3147

(2) "Confidential law enforcement investigatory record" means	3148
any record that pertains to a law enforcement matter of a	3149
criminal, quasi-criminal, civil, or administrative nature, but	3150
only to the extent that the release of the record would create a	3151
high probability of disclosure of any of the following:	3152

(a) The identity of a suspect who has not been charged with	3153
the offense to which the record pertains, or of an information	3154
source or witness to whom confidentiality has been reasonably	3155
promised;	3156

(b) Information provided by an information source or witness	3157
to whom confidentiality has been reasonably promised, which	3158
information would reasonably tend to disclose the source's or	3159
witness's identity;	3160

(c) Specific confidential investigatory techniques or	3161
procedures or specific investigatory work product;	3162

(d) Information that would endanger the life or physical	3163
safety of law enforcement personnel, a crime victim, a witness, or	3164
a confidential information source.	3165

(3) "Medical record" means any document or combination of	3166
documents, except births, deaths, and the fact of admission to or	3167
discharge from a hospital, that pertains to the medical history,	3168
diagnosis, prognosis, or medical condition of a patient and that	3169
is generated and maintained in the process of medical treatment.	3170

(4) "Trial preparation record" means any record that contains	3171
information that is specifically compiled in reasonable	3172
anticipation of, or in defense of, a civil or criminal action or	3173
proceeding, including the independent thought processes and	3174
personal trial preparation of an attorney.	3175

(5) "Intellectual property record" means a record, other than	3176
a financial or administrative record, that is produced or	3177
collected by or for faculty or staff of a state institution of	3178
higher learning in the conduct of or as a result of study or	3179
research on an educational, commercial, scientific, artistic,	3180
technical, or scholarly issue, regardless of whether the study or	3181
research was sponsored by the institution alone or in conjunction	3182
with a governmental body or private concern, and that has not been	3183
publicly released, published, or patented.	3184

(6) "Donor profile record" means all records about donors or	3185
potential donors to a public institution of higher education	3186
except the names and reported addresses of the actual donors and	3187
the date, amount, and conditions of the actual donation.	3188

(7) "Peace officer, parole officer, probation officer,	3189
bailiff, prosecuting attorney, assistant prosecuting attorney,	3190
correctional employee, youth services employee, firefighter, EMT,	3191
or investigator of the bureau of criminal identification and	3192
investigation residential and familial information" means any	3193
information that discloses any of the following about a peace	3194
officer, parole officer, probation officer, bailiff, prosecuting	3195
attorney, assistant prosecuting attorney, correctional employee,	3196
youth services employee, firefighter, EMT, or investigator of the	3197
bureau of criminal identification and investigation:	3198

(a) The address of the actual personal residence of a peace	3199
officer, parole officer, probation officer, bailiff, assistant	3200
prosecuting attorney, correctional employee, youth services	3201
employee, firefighter, EMT, or an investigator of the bureau of	3202
criminal identification and investigation, except for the state or	3203
political subdivision in which the peace officer, parole officer,	3204
probation officer, bailiff, assistant prosecuting attorney,	3205
correctional employee, youth services employee, firefighter, EMT,	3206
or investigator of the bureau of criminal identification and	3207
investigation resides;	3208

(b) Information compiled from referral to or participation in	3209
an employee assistance program;	3210

(c) The social security number, the residential telephone	3211
number, any bank account, debit card, charge card, or credit card	3212
number, or the emergency telephone number of, or any medical	3213
information pertaining to, a peace officer, parole officer,	3214
probation officer, bailiff, prosecuting attorney, assistant	3215
prosecuting attorney, correctional employee, youth services	3216
employee, firefighter, EMT, or investigator of the bureau of	3217
criminal identification and investigation;	3218

(d) The name of any beneficiary of employment benefits,	3219
including, but not limited to, life insurance benefits, provided	3220
to a peace officer, parole officer, probation officer, bailiff,	3221
prosecuting attorney, assistant prosecuting attorney, correctional	3222
employee, youth services employee, firefighter, EMT, or	3223
investigator of the bureau of criminal identification and	3224
investigation by the peace officer's, parole officer's, probation	3225
officer's, bailiff's, prosecuting attorney's, assistant	3226
prosecuting attorney's, correctional employee's, youth services	3227
employee's, firefighter's, EMT's, or investigator of the bureau of	3228
criminal identification and investigation's employer;	3229

(e) The identity and amount of any charitable or employment	3230
benefit deduction made by the peace officer's, parole officer's,	3231
probation officer's, bailiff's, prosecuting attorney's, assistant	3232
prosecuting attorney's, correctional employee's, youth services	3233
employee's, firefighter's, EMT's, or investigator of the bureau of	3234
criminal identification and investigation's employer from the	3235
peace officer's, parole officer's, probation officer's, bailiff's,	3236
prosecuting attorney's, assistant prosecuting attorney's,	3237
correctional employee's, youth services employee's, firefighter's,	3238
EMT's, or investigator of the bureau of criminal identification	3239
and investigation's compensation unless the amount of the	3240
deduction is required by state or federal law;	3241

(f) The name, the residential address, the name of the	3242
employer, the address of the employer, the social security number,	3243
the residential telephone number, any bank account, debit card,	3244
charge card, or credit card number, or the emergency telephone	3245
number of the spouse, a former spouse, or any child of a peace	3246
officer, parole officer, probation officer, bailiff, prosecuting	3247
attorney, assistant prosecuting attorney, correctional employee,	3248
youth services employee, firefighter, EMT, or investigator of the	3249
bureau of criminal identification and investigation;	3250

(g) A photograph of a peace officer who holds a position or	3251
has an assignment that may include undercover or plain clothes	3252
positions or assignments as determined by the peace officer's	3253
appointing authority.	3254

As used in divisions (A)(7) and (B)(9) of this section,	3255
"peace officer" has the same meaning as in section 109.71 of the	3256
Revised Code and also includes the superintendent and troopers of	3257
the state highway patrol; it does not include the sheriff of a	3258
county or a supervisory employee who, in the absence of the	3259
sheriff, is authorized to stand in for, exercise the authority of,	3260
and perform the duties of the sheriff.	3261

As used in divisions (A)(7) and (B)(5) of this section,	3262
"correctional employee" means any employee of the department of	3263
rehabilitation and correction who in the course of performing the	3264
employee's job duties has or has had contact with inmates and	3265
persons under supervision.	3266

As used in divisions (A)(7) and (B)(5) of this section,	3267
"youth services employee" means any employee of the department of	3268
youth services who in the course of performing the employee's job	3269
duties has or has had contact with children committed to the	3270
custody of the department of youth services.	3271

As used in divisions (A)(7) and (B)(9) of this section,	3272
"firefighter" means any regular, paid or volunteer, member of a	3273
lawfully constituted fire department of a municipal corporation,	3274
township, fire district, or village.	3275

As used in divisions (A)(7) and (B)(9) of this section, "EMT"	3276
means EMTs-basic, EMTs-I, and paramedics that provide emergency	3277
medical services for a public emergency medical service	3278
organization. "Emergency medical service organization,"	3279
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in	3280
section 4765.01 of the Revised Code.	3281

As used in divisions (A)(7) and (B)(9) of this section,	3282
"investigator of the bureau of criminal identification and	3283
investigation" has the meaning defined in section 2903.11 of the	3284
Revised Code.	3285

(8) "Information pertaining to the recreational activities of	3286
a person under the age of eighteen" means information that is kept	3287
in the ordinary course of business by a public office, that	3288
pertains to the recreational activities of a person under the age	3289
of eighteen years, and that discloses any of the following:	3290

(a) The address or telephone number of a person under the age	3291
of eighteen or the address or telephone number of that person's	3292
parent, guardian, custodian, or emergency contact person;	3293

(b) The social security number, birth date, or photographic	3294
image of a person under the age of eighteen;	3295

(c) Any medical record, history, or information pertaining to	3296
a person under the age of eighteen;	3297

(d) Any additional information sought or required about a	3298
person under the age of eighteen for the purpose of allowing that	3299
person to participate in any recreational activity conducted or	3300
sponsored by a public office or to use or obtain admission	3301
privileges to any recreational facility owned or operated by a	3302
public office.	3303

(9) "Community control sanction" has the same meaning as in	3304
section 2929.01 of the Revised Code.	3305

(10) "Post-release control sanction" has the same meaning as	3306
in section 2967.01 of the Revised Code.	3307

(11) "Redaction" means obscuring or deleting any information	3308
that is exempt from the duty to permit public inspection or	3309
copying from an item that otherwise meets the definition of a	3310
"record" in section 149.011 of the Revised Code.	3311

(12) "Designee" and "elected official" have the same meanings	3312
as in section 109.43 of the Revised Code.	3313

(B)(1) Upon request and subject to division (B)(8) of this	3314
section, all public records responsive to the request shall be	3315
promptly prepared and made available for inspection to any person	3316
at all reasonable times during regular business hours. Subject to	3317
division (B)(8) of this section, upon request, a public office or	3318
person responsible for public records shall make copies of the	3319
requested public record available at cost and within a reasonable	3320
period of time. If a public record contains information that is	3321
exempt from the duty to permit public inspection or to copy the	3322
public record, the public office or the person responsible for the	3323
public record shall make available all of the information within	3324
the public record that is not exempt. When making that public	3325
record available for public inspection or copying that public	3326
record, the public office or the person responsible for the public	3327
record shall notify the requester of any redaction or make the	3328
redaction plainly visible. A redaction shall be deemed a denial of	3329
a request to inspect or copy the redacted information, except if	3330
federal or state law authorizes or requires a public office to	3331
make the redaction.	3332

(2) To facilitate broader access to public records, a public	3333
office or the person responsible for public records shall organize	3334
and maintain public records in a manner that they can be made	3335
available for inspection or copying in accordance with division	3336
(B) of this section. A public office also shall have available a	3337
copy of its current records retention schedule at a location	3338
readily available to the public. If a requester makes an ambiguous	3339
or overly broad request or has difficulty in making a request for	3340
copies or inspection of public records under this section such	3341
that the public office or the person responsible for the requested	3342
public record cannot reasonably identify what public records are	3343
being requested, the public office or the person responsible for	3344
the requested public record may deny the request but shall provide	3345
the requester with an opportunity to revise the request by	3346
informing the requester of the manner in which records are	3347
maintained by the public office and accessed in the ordinary	3348
course of the public office's or person's duties.	3349

(3) If a request is ultimately denied, in part or in whole,	3350
the public office or the person responsible for the requested	3351
public record shall provide the requester with an explanation,	3352
including legal authority, setting forth why the request was	3353
denied. If the initial request was provided in writing, the	3354
explanation also shall be provided to the requester in writing.	3355
The explanation shall not preclude the public office or the person	3356
responsible for the requested public record from relying upon	3357
additional reasons or legal authority in defending an action	3358
commenced under division (C) of this section.	3359

(4) Unless specifically required or authorized by state or	3360
federal law or in accordance with division (B) of this section, no	3361
public office or person responsible for public records may limit	3362
or condition the availability of public records by requiring	3363
disclosure of the requester's identity or the intended use of the	3364
requested public record. Any requirement that the requester	3365
disclose the requestor's identity or the intended use of the	3366
requested public record constitutes a denial of the request.	3367

(5) A public office or person responsible for public records	3368
may ask a requester to make the request in writing, may ask for	3369
the requester's identity, and may inquire about the intended use	3370
of the information requested, but may do so only after disclosing	3371
to the requester that a written request is not mandatory and that	3372
the requester may decline to reveal the requester's identity or	3373
the intended use and when a written request or disclosure of the	3374
identity or intended use would benefit the requester by enhancing	3375
the ability of the public office or person responsible for public	3376
records to identify, locate, or deliver the public records sought	3377
by the requester.	3378

(6) If any person chooses to obtain a copy of a public record	3379
in accordance with division (B) of this section, the public office	3380
or person responsible for the public record may require that	3381
person to pay in advance the cost involved in providing the copy	3382
of the public record in accordance with the choice made by the	3383
person seeking the copy under this division. The public office or	3384
the person responsible for the public record shall permit that	3385
person to choose to have the public record duplicated upon paper,	3386
upon the same medium upon which the public office or person	3387
responsible for the public record keeps it, or upon any other	3388
medium upon which the public office or person responsible for the	3389
public record determines that it reasonably can be duplicated as	3390
an integral part of the normal operations of the public office or	3391
person responsible for the public record. When the person seeking	3392
the copy makes a choice under this division, the public office or	3393
person responsible for the public record shall provide a copy of	3394
it in accordance with the choice made by the person seeking the	3395
copy. Nothing in this section requires a public office or person	3396
responsible for the public record to allow the person seeking a	3397
copy of the public record to make the copies of the public record.	3398

(7) Upon a request made in accordance with division (B) of	3399
this section and subject to division (B)(6) of this section, a	3400
public office or person responsible for public records shall	3401
transmit a copy of a public record to any person by United States	3402
mail or by any other means of delivery or transmission within a	3403
reasonable period of time after receiving the request for the	3404
copy. The public office or person responsible for the public	3405
record may require the person making the request to pay in advance	3406
the cost of postage if the copy is transmitted by United States	3407
mail or the cost of delivery if the copy is transmitted other than	3408
by United States mail, and to pay in advance the costs incurred	3409
for other supplies used in the mailing, delivery, or transmission.	3410

Any public office may adopt a policy and procedures that it	3411
will follow in transmitting, within a reasonable period of time	3412
after receiving a request, copies of public records by United	3413
States mail or by any other means of delivery or transmission	3414
pursuant to this division. A public office that adopts a policy	3415
and procedures under this division shall comply with them in	3416
performing its duties under this division.	3417

In any policy and procedures adopted under this division, a	3418
public office may limit the number of records requested by a	3419
person that the office will transmit by United States mail to ten	3420
per month, unless the person certifies to the office in writing	3421
that the person does not intend to use or forward the requested	3422
records, or the information contained in them, for commercial	3423
purposes. For purposes of this division, "commercial" shall be	3424
narrowly construed and does not include reporting or gathering	3425
news, reporting or gathering information to assist citizen	3426
oversight or understanding of the operation or activities of	3427
government, or nonprofit educational research.	3428

(8) A public office or person responsible for public records	3429
is not required to permit a person who is incarcerated pursuant to	3430
a criminal conviction or a juvenile adjudication to inspect or to	3431
obtain a copy of any public record concerning a criminal	3432
investigation or prosecution or concerning what would be a	3433
criminal investigation or prosecution if the subject of the	3434
investigation or prosecution were an adult, unless the request to	3435
inspect or to obtain a copy of the record is for the purpose of	3436
acquiring information that is subject to release as a public	3437
record under this section and the judge who imposed the sentence	3438
or made the adjudication with respect to the person, or the	3439
judge's successor in office, finds that the information sought in	3440
the public record is necessary to support what appears to be a	3441
justiciable claim of the person.	3442

(9)(a) Upon written request made and signed by a journalist	3443
on or after December 16, 1999, a public office, or person	3444
responsible for public records, having custody of the records of	3445
the agency employing a specified peace officer, parole officer,	3446
probation officer, bailiff, prosecuting attorney, assistant	3447
prosecuting attorney, correctional employee, youth services	3448
employee, firefighter, EMT, or investigator of the bureau of	3449
criminal identification and investigation shall disclose to the	3450
journalist the address of the actual personal residence of the	3451
peace officer, parole officer, probation officer, bailiff,	3452
prosecuting attorney, assistant prosecuting attorney, correctional	3453
employee, youth services employee, firefighter, EMT, or	3454
investigator of the bureau of criminal identification and	3455
investigation and, if the peace officer's, parole officer's,	3456
probation officer's, bailiff's, prosecuting attorney's, assistant	3457
prosecuting attorney's, correctional employee's, youth services	3458
employee's, firefighter's, EMT's, or investigator of the bureau of	3459
criminal identification and investigation's spouse, former spouse,	3460
or child is employed by a public office, the name and address of	3461
the employer of the peace officer's, parole officer's, probation	3462
officer's, bailiff's, prosecuting attorney's, assistant	3463
prosecuting attorney's, correctional employee's, youth services	3464
employee's, firefighter's, EMT's, or investigator of the bureau of	3465
criminal identification and investigation's spouse, former spouse,	3466
or child. The request shall include the journalist's name and	3467
title and the name and address of the journalist's employer and	3468
shall state that disclosure of the information sought would be in	3469
the public interest.	3470

(b) Division (B)(9)(a) of this section also applies to	3471
journalist requests for customer information maintained by a	3472
municipally owned or operated public utility, other than social	3473
security numbers and any private financial information such as	3474
credit reports, payment methods, credit card numbers, and bank	3475
account information.	3476

(c) As used in division (B)(9) of this section, "journalist"	3477
means a person engaged in, connected with, or employed by any news	3478
medium, including a newspaper, magazine, press association, news	3479
agency, or wire service, a radio or television station, or a	3480
similar medium, for the purpose of gathering, processing,	3481
transmitting, compiling, editing, or disseminating information for	3482
the general public.	3483

(C)(1) If a person allegedly is aggrieved by the failure of a	3484
public office or the person responsible for public records to	3485
promptly prepare a public record and to make it available to the	3486
person for inspection in accordance with division (B) of this	3487
section or by any other failure of a public office or the person	3488
responsible for public records to comply with an obligation in	3489
accordance with division (B) of this section, the person allegedly	3490
aggrieved may commence a mandamus action to obtain a judgment that	3491
orders the public office or the person responsible for the public	3492
record to comply with division (B) of this section, that awards	3493
court costs and reasonable attorney's fees to the person that	3494
instituted the mandamus action, and, if applicable, that includes	3495
an order fixing statutory damages under division (C)(1) of this	3496
section. The mandamus action may be commenced in the court of	3497
common pleas of the county in which division (B) of this section	3498
allegedly was not complied with, in the supreme court pursuant to	3499
its original jurisdiction under Section 2 of Article IV, Ohio	3500
Constitution, or in the court of appeals for the appellate	3501
district in which division (B) of this section allegedly was not	3502
complied with pursuant to its original jurisdiction under Section	3503
3 of Article IV, Ohio Constitution.	3504

If a requestor transmits a written request by hand delivery	3505
or certified mail to inspect or receive copies of any public	3506
record in a manner that fairly describes the public record or	3507
class of public records to the public office or person responsible	3508
for the requested public records, except as otherwise provided in	3509
this section, the requestor shall be entitled to recover the	3510
amount of statutory damages set forth in this division if a court	3511
determines that the public office or the person responsible for	3512
public records failed to comply with an obligation in accordance	3513
with division (B) of this section.	3514

The amount of statutory damages shall be fixed at one hundred	3515
dollars for each business day during which the public office or	3516
person responsible for the requested public records failed to	3517
comply with an obligation in accordance with division (B) of this	3518
section, beginning with the day on which the requester files a	3519
mandamus action to recover statutory damages, up to a maximum of	3520
one thousand dollars. The award of statutory damages shall not be	3521
construed as a penalty, but as compensation for injury arising	3522
from lost use of the requested information. The existence of this	3523
injury shall be conclusively presumed. The award of statutory	3524
damages shall be in addition to all other remedies authorized by	3525
this section.	3526

The court may reduce an award of statutory damages or not	3527
award statutory damages if the court determines both of the	3528
following:	3529

(a) That, based on the ordinary application of statutory law	3530
and case law as it existed at the time of the conduct or	3531
threatened conduct of the public office or person responsible for	3532
the requested public records that allegedly constitutes a failure	3533
to comply with an obligation in accordance with division (B) of	3534
this section and that was the basis of the mandamus action, a	3535
well-informed public office or person responsible for the	3536
requested public records reasonably would believe that the conduct	3537
or threatened conduct of the public office or person responsible	3538
for the requested public records did not constitute a failure to	3539
comply with an obligation in accordance with division (B) of this	3540
section;	3541

(b) That a well-informed public office or person responsible	3542
for the requested public records reasonably would believe that the	3543
conduct or threatened conduct of the public office or person	3544
responsible for the requested public records would serve the	3545
public policy that underlies the authority that is asserted as	3546
permitting that conduct or threatened conduct.	3547

(2)(a) If the court issues a writ of mandamus that orders the	3548
public office or the person responsible for the public record to	3549
comply with division (B) of this section and determines that the	3550
circumstances described in division (C)(1) of this section exist,	3551
the court shall determine and award to the relator all court	3552
costs.	3553

(b) If the court renders a judgment that orders the public	3554
office or the person responsible for the public record to comply	3555
with division (B) of this section, the court may award reasonable	3556
attorney's fees subject to reduction as described in division	3557
(C)(2)(c) of this section. The court shall award reasonable	3558
attorney's fees, subject to reduction as described in division	3559
(C)(2)(c) of this section when either of the following applies:	3560

(i) The public office or the person responsible for the	3561
public records failed to respond affirmatively or negatively to	3562
the public records request in accordance with the time allowed	3563
under division (B) of this section.	3564

(ii) The public office or the person responsible for the	3565
public records promised to permit the relator to inspect or	3566
receive copies of the public records requested within a specified	3567
period of time but failed to fulfill that promise within that	3568
specified period of time.	3569

(c) Court costs and reasonable attorney's fees awarded under	3570
this section shall be construed as remedial and not punitive.	3571
Reasonable attorney's fees shall include reasonable fees incurred	3572
to produce proof of the reasonableness and amount of the fees and	3573
to otherwise litigate entitlement to the fees. The court may	3574
reduce an award of attorney's fees to the relator or not award	3575
attorney's fees to the relator if the court determines both of the	3576
following:	3577

(i) That, based on the ordinary application of statutory law	3578
and case law as it existed at the time of the conduct or	3579
threatened conduct of the public office or person responsible for	3580
the requested public records that allegedly constitutes a failure	3581
to comply with an obligation in accordance with division (B) of	3582
this section and that was the basis of the mandamus action, a	3583
well-informed public office or person responsible for the	3584
requested public records reasonably would believe that the conduct	3585
or threatened conduct of the public office or person responsible	3586
for the requested public records did not constitute a failure to	3587
comply with an obligation in accordance with division (B) of this	3588
section;	3589

(ii) That a well-informed public office or person responsible	3590
for the requested public records reasonably would believe that the	3591
conduct or threatened conduct of the public office or person	3592
responsible for the requested public records as described in	3593
division (C)(2)(c)(i) of this section would serve the public	3594
policy that underlies the authority that is asserted as permitting	3595
that conduct or threatened conduct.	3596

(D) Chapter 1347. of the Revised Code does not limit the	3597
provisions of this section.	3598

(E)(1) To ensure that all employees of public offices are	3599
appropriately educated about a public office's obligations under	3600
division (B) of this section, all elected officials or their	3601
appropriate designees shall attend training approved by the	3602
attorney general as provided in section 109.43 of the Revised	3603
Code. In addition, all public offices shall adopt a public records	3604
policy in compliance with this section for responding to public	3605
records requests. In adopting a public records policy under this	3606
division, a public office may obtain guidance from the model	3607
public records policy developed and provided to the public office	3608
by the attorney general under section 109.43 of the Revised Code.	3609
Except as otherwise provided in this section, the policy may not	3610
limit the number of public records that the public office will	3611
make available to a single person, may not limit the number of	3612
public records that it will make available during a fixed period	3613
of time, and may not establish a fixed period of time before it	3614
will respond to a request for inspection or copying of public	3615
records, unless that period is less than eight hours.	3616

(2) The public office shall distribute the public records	3617
policy adopted by the public office under division (E)(1) of this	3618
section to the employee of the public office who is the records	3619
custodian or records manager or otherwise has custody of the	3620
records of that office. The public office shall require that	3621
employee to acknowledge receipt of the copy of the public records	3622
policy. The public office shall create a poster that describes its	3623
public records policy and shall post the poster in a conspicuous	3624
place in the public office and in all locations where the public	3625
office has branch offices. The public office may post its public	3626
records policy on the internet web site of the public office if	3627
the public office maintains an internet web site. A public office	3628
that has established a manual or handbook of its general policies	3629
and procedures for all employees of the public office shall	3630
include the public records policy of the public office in the	3631
manual or handbook.	3632

(F)(1) The bureau of motor vehicles may adopt rules pursuant	3633
to Chapter 119. of the Revised Code to reasonably limit the number	3634
of bulk commercial special extraction requests made by a person	3635
for the same records or for updated records during a calendar	3636
year. The rules may include provisions for charges to be made for	3637
bulk commercial special extraction requests for the actual cost of	3638
the bureau, plus special extraction costs, plus ten per cent. The	3639
bureau may charge for expenses for redacting information, the	3640
release of which is prohibited by law.	3641

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

3642

(a) "Actual cost" means the cost of depleted supplies,	3643
records storage media costs, actual mailing and alternative	3644
delivery costs, or other transmitting costs, and any direct	3645
equipment operating and maintenance costs, including actual costs	3646
paid to private contractors for copying services.	3647

(b) "Bulk commercial special extraction request" means a	3648
request for copies of a record for information in a format other	3649
than the format already available, or information that cannot be	3650
extracted without examination of all items in a records series,	3651
class of records, or data base by a person who intends to use or	3652
forward the copies for surveys, marketing, solicitation, or resale	3653
for commercial purposes. "Bulk commercial special extraction	3654
request" does not include a request by a person who gives	3655
assurance to the bureau that the person making the request does	3656
not intend to use or forward the requested copies for surveys,	3657
marketing, solicitation, or resale for commercial purposes.	3658

(c) "Commercial" means profit-seeking production, buying, or	3659
selling of any good, service, or other product.	3660

(d) "Special extraction costs" means the cost of the time	3661
spent by the lowest paid employee competent to perform the task,	3662
the actual amount paid to outside private contractors employed by	3663
the bureau, or the actual cost incurred to create computer	3664
programs to make the special extraction. "Special extraction	3665
costs" include any charges paid to a public agency for computer or	3666
records services.	3667

(3) For purposes of divisions (F)(1) and (2) of this section,	3668
"surveys, marketing, solicitation, or resale for commercial	3669
purposes" shall be narrowly construed and does not include	3670
reporting or gathering news, reporting or gathering information to	3671
assist citizen oversight or understanding of the operation or	3672
activities of government, or nonprofit educational research.	3673

Sec. 164.05. (A) The director of the Ohio public works	3674
commission shall do all of the following:	3675

(1) Approve requests for financial assistance from district	3676
public works integrating committees and enter into agreements with	3677
one or more local subdivisions to provide loans, grants, and local	3678
debt support and credit enhancements for a capital improvement	3679
project if the director determines that:	3680

(a) The project is an eligible project pursuant to this	3681
chapter;	3682

(b) The financial assistance for the project has been	3683
properly approved and requested by the district committee of the	3684
district which includes the recipient of the loan or grant;	3685

(c) The amount of the financial assistance, when added to all	3686
other financial assistance provided during the fiscal year for	3687
projects within the district, does not exceed that district's	3688
allocation of money from the state capital improvements fund for	3689
that fiscal year;	3690

(d) The district committee has provided such documentation	3691
and other evidence as the director may require that the district	3692
committee has satisfied the requirements of section 164.06 or	3693
164.14 of the Revised Code;	3694

(e) The portion of a district's annual allocation which the	3695
director approves in the form of loans and local debt support and	3696
credit enhancements for eligible projects is consistent with	3697
divisions (E) and (F) of this section.	3698

(2) Authorize payments to local subdivisions or their	3699
contractors for costs incurred for capital improvement projects	3700
which have been approved pursuant to this chapter. All requests	3701
for payments shall be submitted to the director on forms and in	3702
accordance with procedures specified in rules adopted by the	3703
director pursuant to division (A)(4) of this section.	3704

(3) Retain the services of or employ financial consultants,	3705
engineers, accountants, attorneys, and such other employees as the	3706
director determines are necessary to carry out the director's	3707
duties under this chapter and fix the compensation for their	3708
services;	3709

(4) Adopt rules establishing the procedures for making	3710
applications, reviewing, approving, and rejecting projects for	3711
which assistance is authorized under this chapter, and any other	3712
rules needed to implement the provisions of this chapter. Such	3713
rules shall be adopted under Chapter 119. of the Revised Code.	3714

(5) Provide information and other assistance to local	3715
subdivisions and district public works integrating committees in	3716
developing their requests for financial assistance for capital	3717
improvements under this chapter and encourage cooperation and	3718
coordination of requests and the development of multisubdivision	3719
and multidistrict projects in order to maximize the benefits that	3720
may be derived by districts from each year's allocation;	3721

(6) Require local subdivisions, to the extent practicable, to	3722
use Ohio products, materials, services, and labor in connection	3723
with any capital improvement project financed in whole or in part	3724
under this chapter;	3725

(7) Notify the director of budget and management of all	3726
approved projects, and supply all information necessary to track	3727
approved projects through the state accounting system;	3728

(8) Appoint the administrator of the Ohio small government	3729
capital improvements commission;	3730

(9) Do all other acts, enter into contracts, and execute all	3731
instruments necessary or appropriate to carry out this chapter;	3732

(10) Develop a standardized methodology for evaluating	3733
capital improvement needs which will be used by local subdivisions	3734
in preparing the plans required by division (C) of section 164.06	3735
of the Revised Code. The director shall develop this methodology	3736
not later than July 1, 1991.	3737

(11) Establish a program to provide local subdivisions with	3738
technical assistance in preparing project applications. The	3739
program shall be designed to assist local subdivisions that lack	3740
the financial or technical resources to prepare project	3741
applications on their own.	3742

(B) When the director of the Ohio public works commission	3743
decides to conditionally approve or disapprove projects, the	3744
director's decisions and the reasons for which they are made shall	3745
be made in writing. These written decisions shall be conclusive	3746
for the purposes of the validity and enforceability of such	3747
determinations.	3748

(C) Fees, charges, rates of interest, times of payment of	3749
interest and principal, and other terms, conditions, and	3750
provisions of and security for financial assistance provided	3751
pursuant to the provisions of this chapter shall be such as the	3752
director determines to be appropriate. If any payments required by	3753
a loan agreement entered into pursuant to this chapter are not	3754
paid, the funds which would otherwise be apportioned to the local	3755
subdivision from the county undivided local government fund,	3756
pursuant to sections 5747.51 to 5747.53 of the Revised Code, may,	3757
at the direction of the director of the Ohio public works	3758
commission, be reduced by the amount payable. The county treasurer	3759
shall, at the direction of the director, pay the amount of such	3760
reductions to the state capital improvements revolving loan fund.	3761
The director may renegotiate a loan repayment schedule with a	3762
local subdivision whose payments from the county undivided local	3763
government fund could be reduced pursuant to this division, but	3764
such a renegotiation may occur only one time with respect to any	3765
particular loan agreement.	3766

(D) Grants approved for the repair and replacement of	3767
existing infrastructure pursuant to this chapter shall not exceed	3768
ninety per cent of the estimated total cost of the capital	3769
improvement project. Grants approved for new or expanded	3770
infrastructure shall not exceed fifty per cent of the estimated	3771
cost of the new or expansion elements of the capital improvement	3772
project. A local subdivision share of the estimated cost of a	3773
capital improvement may consist of any of the following:	3774

(1) The reasonable value, as determined by the director or	3775
the administrator, of labor, materials, and equipment that will be	3776
contributed by the local subdivision in performing the capital	3777
improvement project;	3778

(2) Moneys received by the local subdivision in any form from	3779
an authority, commission, or agency of the United States for use	3780
in performing the capital improvement project;	3781

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

3782

(4) Engineering costs incurred by the local subdivision in	3783
performing engineering activities related to the project.	3784

A local subdivision share of the cost of a capital	3785
improvement shall not include any amounts awarded to it from the	3786
local transportation improvement program fund created in section	3787
164.14 of the Revised Code.	3788

(E) The following portion of a district public works	3789
integrating committee's annual allocation share pursuant to	3790
section 164.08 of the Revised Code may be awarded to subdivisions	3791
only in the form of interest-free, low-interest, market rate of	3792
interest, or blended-rate loans:	3793

YEAR IN WHICH	PORTION USED FOR	3794
MONEYS ARE ALLOCATED	LOANS	3795
Year 1	0%	3796
Year 2	0%	3797
Year 3	10%	3798
Year 4	12%	3799
Year 5	15%	3800
Year 6	20%	3801
Year 7, 8, 9, and 10	22%	3802

(F) The following portion of a district public works	3803
integrating committee's annual allocation pursuant to section	3804
164.08 of the Revised Code shall be awarded to subdivisions in the	3805
form of local debt supported and credit enhancements:	3806

	PORTIONS USED FOR	3807
YEAR IN WHICH	LOCAL DEBT SUPPORT	3808
MONEYS ARE ALLOCATED	AND CREDIT ENHANCEMENTS	3809
Year 1	0%	3810
Year 2	0%	3811
Year 3	3%	3812
Year 4	5%	3813
Year 5	5%	3814
Year 6	7%	3815
Year 7	7%	3816
Year 8	8%	3817
Year 9	8%	3818
Year 10	8%	3819

(G) For the period commencing on March 29, 1988 and ending on	3820
June 30, 1993, for the period commencing July 1, 1993, and ending	3821
June 30, 1999, and for each five-year period thereafter, the total	3822
amount of financial assistance awarded under sections 164.01 to	3823
164.08 of the Revised Code for capital improvement projects	3824
located wholly or partially within a county shall be equal to at	3825
least thirty per cent of the amount of what the county would have	3826
been allocated from the obligations authorized to be sold under	3827
this chapter during each period, if such amounts had been	3828
allocable to each county on a per capita basis.	3829

(H) The amount of the annual allocations made pursuant to	3830
divisions (B)(1) and ~~(6)~~(5) of section 164.08 of the Revised Code	3831
which can be used for new or expanded infrastructure is limited as	3832
follows:	3833

	PORTION WHICH MAY	3834
YEAR IN WHICH	BE USED FOR NEW OR	3835
MONEYS ARE ALLOCATED	EXPANSION INFRASTRUCTURE	3836
Year 1	5%	3837
Year 2	5%	3838
Year 3	10%	3839
Year 4	10%	3840
Year 5	10%	3841
Year 6	15%	3842
Year 7	15%	3843
Year 8	20%	3844
Year 9	20%	3845
Year 10 and each year		3846
thereafter	20%	3847

(I) The following portion of a district public works	3848
integrating committee's annual allocation share pursuant to	3849
section 164.08 of the Revised Code shall be awarded to	3850
subdivisions in the form of interest-free, low-interest, market	3851
rate of interest, or blended-rate loans, or local debt support and	3852
credit enhancements:	3853

	PORTION USED FOR LOANS	3854
YEAR IN WHICH	OR LOCAL DEBT SUPPORT	3855
MONEYS ARE ALLOCATED	AND CREDIT ENHANCEMENTS	3856
Year 11 and each year		3857
thereafter	20%	3858

(J) No project shall be approved under this section unless	3859
the project is designed to have a useful life of at least seven	3860
years. In addition, the average useful life of all projects for	3861
which grants or loans are awarded in each district during a	3862
program year shall not be less than twenty years.	3863

Sec. 164.06. (A) Each district public works integrating	3864
committee shall evaluate materials submitted to it by the local	3865
subdivisions located in the district concerning capital	3866
improvements for which assistance is sought from the state capital	3867
improvements fund and shall, pursuant to division (B) of this	3868
section, select the requests for financial assistance that will be	3869
formally submitted by the district to the director of the Ohio	3870
public works commission. In order to provide for the efficient use	3871
of the district's state capital improvements fund allocation each	3872
year, a district committee shall assist its subdivisions in the	3873
preparation and coordination of project plans.	3874

(B) In selecting the requests for assistance for capital	3875
improvement projects which will be submitted to the director, and	3876
in determining the nature, amount, and terms of the assistance	3877
that will be requested, a district public works integrating	3878
committee shall give priority to capital improvement projects for	3879
the repair or replacement of existing infrastructure and which	3880
would be unlikely to be undertaken without assistance under this	3881
chapter, and shall specifically consider all of the following	3882
factors:	3883

(1) The infrastructure repair and replacement needs of the	3884
district;	3885

(2) The age and condition of the system to be repaired or	3886
replaced;	3887

(3) Whether the project would generate revenue in the form of	3888
user fees or assessments;	3889

(4) The importance of the project to the health and safety of	3890
the citizens of the district;	3891

(5) The cost of the project and whether it is consistent with	3892
division (G) of section 164.05 of the Revised Code and the	3893
district's allocation for grants, loans, and local debt support	3894
and credit enhancements for that year;	3895

(6) The effort and ability of the benefited local	3896
subdivisions to assist in financing the project;	3897

(7) The availability of federal or other funds for the	3898
project;	3899

(8) The overall economic health of the particular local	3900
subdivision;	3901

(9) The adequacy of the planning for the project and the	3902
readiness of the applicant to proceed should the project be	3903
approved;	3904

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

3905

(C) Prior to filing an application with its district public	3906
works integrating committee for assistance in financing a capital	3907
improvement project under this section, a local subdivision shall	3908
conduct a study of its existing capital improvements, the	3909
condition of those improvements, and the projected capital	3910
improvement needs of the subdivision in the ensuing five-year	3911
period. After completing this study, the subdivision shall compile	3912
a report that includes an inventory of its existing capital	3913
improvements, a plan detailing the capital improvement needs of	3914
the subdivision in the ensuing five-year period, and a list of the	3915
subdivision's priorities with respect to addressing those needs.	3916
Each year, the report shall be reviewed and updated by the	3917
subdivision to reflect capital improvement projects undertaken or	3918
completed in the past year and any changes in the subdivision's	3919
plan or priorities. The report and annual updates shall be made	3920
available upon request to the Ohio public works commission, the	3921
Ohio small government capital improvements commission, and the	3922
district public works integrating committee of the district of	3923
which the subdivision is a part.	3924

(D) In addition to reviewing and selecting the projects for	3925
which approval will be sought from the director of the Ohio public	3926
works commission for financial assistance from the state capital	3927
improvements fund, each district public works integrating	3928
committee shall appoint a subcommittee of its members that will	3929
represent the interests of villages and townships and that will	3930
review and select the capital improvement projects which will be	3931
submitted by the subcommittee to the administrator of the Ohio	3932
small government capital improvements commission for consideration	3933
of assistance from the portion of the net proceeds of obligations	3934
issued and sold by the treasurer of state which is allocated	3935
pursuant to division (B)(1) of section 164.08 of the Revised Code.	3936
In reviewing and approving the projects selected by its	3937
subcommittee, the administrator, and the Ohio small government	3938
capital improvements commission shall be guided by the provisions	3939
of division (B) of this section, and shall also take into account	3940
the fact that villages and townships may have different public	3941
infrastructure needs than larger subdivisions.	3942

(E) The district public works integrating committee for each	3943
district that includes at least one county with a population of	3944
less than eighty-five thousand according to the most recent	3945
decennial census shall appoint a subcommittee of its members for	3946
the purposes of the small counties capital improvement program	3947
created under division (F) of section 164.02 of the Revised Code.	3948
The subcommittee shall select and submit to the director the	3949
projects that will be considered for assistance from the money	3950
allocated to the program under division (B)~~(4)~~(3) of section	3951
164.08 of the Revised Code.	3952

Sec. 164.08. (A) Except as provided in sections 151.01 and	3953
151.08 or section 164.09 of the Revised Code, the net proceeds of	3954
obligations issued and sold by the treasurer of state pursuant to	3955
section 164.09 of the Revised Code before September 30, 2000, or	3956
pursuant to sections 151.01 and 151.08 of the Revised Code, for	3957
the purpose of financing or assisting in the financing of the cost	3958
of public infrastructure capital improvement projects of local	3959
subdivisions, as provided for in Section 2k, 2m, or 2p of Article	3960
VIII, Ohio Constitution, and this chapter, shall be paid into the	3961
state capital improvements fund, which is hereby created in the	3962
state treasury. Investment earnings on moneys in the fund shall be	3963
credited to the fund.	3964

(B) Beginning July 1, 2011, each program year the amount of	3965
obligations authorized by the general assembly in accordance with	3966
sections 151.01 and 151.08 or section 164.09 of the Revised Code,	3967
excluding the proceeds of refunding or renewal obligations, shall	3968
be allocated by the director of the Ohio public works commission	3969
as follows:	3970

(1) First, fifteen million dollars of the amount of	3971
obligations authorized shall be allocated to provide financial	3972
assistance to villages and to townships with populations in the	3973
unincorporated areas of the township of less than five thousand	3974
persons, for capital improvements in accordance with section	3975
164.051 and division (D) of section 164.06 of the Revised Code. As	3976
used in division (B)(1) of this section, "capital improvements"	3977
includes resurfacing and improving roads.	3978

(2) Following the allocation required by division (B)(1) of	3979
this section, the director may allocate three million dollars of	3980
the authorized obligations to provide financial assistance to	3981
local subdivisions for capital improvement projects which in the	3982
judgment of the director of the Ohio public works commission are	3983
necessary for the immediate preservation of the health, safety,	3984
and welfare of the citizens of the local subdivision requesting	3985
assistance.	3986

(3) ~~For the second, third, fourth, and fifth years that~~	3987
~~obligations are authorized and are available for allocation under~~	3988
~~this chapter, one million dollars shall be allocated to the sewer~~	3989
~~and water fund created in section 1525.11 of the Revised Code.~~	3990
~~Money from this allocation shall be transferred to that fund when~~	3991
~~needed to support specific payments from that fund.~~	3992

~~(4)~~ For program years twelve and fourteen that obligations	3993
are authorized and available for allocation under this chapter,	3994
two million dollars each program year shall be allocated to the	3995
small county capital improvement program for use in providing	3996
financial assistance under division (F) of section 164.02 of the	3997
Revised Code.	3998

~~(5) After the allocation required by division (B)(3) of this~~	3999
~~section is made, the~~(4) The director shall determine the amount	4000
of the remaining obligations authorized to be issued and sold that	4001
each county would receive if such amounts were allocated on a per	4002
capita basis each year. If a county's per capita share for the	4003
year would be less than three hundred thousand dollars, the	4004
director shall allocate to the district in which that county is	4005
located an amount equal to the difference between three hundred	4006
thousand dollars and the county's per capita share.	4007

~~(6)~~(5) After making the allocation required by division	4008
(B)~~(5)~~(4) of this section, the director shall allocate the	4009
remaining amount to each district on a per capita basis.	4010

(C)(1) There is hereby created in the state treasury the	4011
state capital improvements revolving loan fund, into which shall	4012
be deposited all repayments of loans made to local subdivisions	4013
for capital improvements pursuant to this chapter. Investment	4014
earnings on moneys in the fund shall be credited to the fund.	4015

(2) There may also be deposited in the state capital	4016
improvements revolving loan fund moneys obtained from federal or	4017
private grants, or from other sources, which are to be used for	4018
any of the purposes authorized by this chapter. Such moneys shall	4019
be allocated each year in accordance with division (B)~~(6)~~(5) of	4020
this section.	4021

(3) Moneys deposited into the state capital improvements	4022
revolving loan fund shall be used to make loans for the purpose of	4023
financing or assisting in the financing of the cost of capital	4024
improvement projects of local subdivisions.	4025

(4) Investment earnings credited to the state capital	4026
improvements revolving loan fund that exceed the amounts required	4027
to meet estimated federal arbitrage rebate requirements shall be	4028
used to pay costs incurred by the public works commission in	4029
administering this section. Investment earnings credited to the	4030
state capital improvements revolving loan fund that exceed the	4031
amounts required to pay for the administrative costs and estimated	4032
rebate requirements shall be allocated to each district on a per	4033
capita basis.	4034

(5) Each program year, loan repayments received and on	4035
deposit in the state capital improvements revolving loan fund	4036
shall be allocated as follows:	4037

(a) Each district public works integrating committee shall be	4038
allocated an amount equal to the sum of all loan repayments made	4039
to the state capital improvements revolving loan fund by local	4040
subdivisions that are part of the district. Moneys not used in a	4041
program year may be used in the next program year in the same	4042
manner and for the same purpose as originally allocated.	4043

(b) Loan repayments made pursuant to projects approved under	4044
division (B)(1) of this section shall be used to make loans in	4045
accordance with section 164.051 and division (D) of section 164.06	4046
of the Revised Code. Allocations for this purpose made pursuant to	4047
division (C)(5) of this section shall be in addition to the	4048
allocation provided in division (B)(1) of this section.	4049

(c) Loan repayments made pursuant to projects approved under	4050
division (B)(2) of this section shall be used to make loans in	4051
accordance with division (B)(2) of this section. Allocations for	4052
this purpose made pursuant to division (C)(5) of this section	4053
shall be in addition to the allocation provided in division (B)(2)	4054
of this section.	4055

(d) Loans made from the state capital improvements revolving	4056
loan fund shall not be limited in their usage by divisions (E),	4057
(F), (G), (H), and (I) of section 164.05 of the Revised Code.	4058

(D) Investment earnings credited to the state capital	4059
improvements fund that exceed the amounts required to meet	4060
estimated federal arbitrage rebate requirements shall be used to	4061
pay costs incurred by the public works commission in administering	4062
sections 164.01 to 164.12 of the Revised Code.	4063

(E) The director of the Ohio public works commission shall	4064
notify the director of budget and management of the amounts	4065
allocated pursuant to this section and such information shall be	4066
entered into the state accounting system. The director of budget	4067
and management shall establish appropriation line items as needed	4068
to track these allocations.	4069

(F) If the amount of a district's allocation in a program	4070
year exceeds the amount of financial assistance approved for the	4071
district by the commission for that year, the remaining portion of	4072
the district's allocation shall be added to the district's	4073
allocation pursuant to division (B) of this section for the next	4074
succeeding year for use in the same manner and for the same	4075
purposes as it was originally allocated, except that any portion	4076
of a district's allocation which was available for use on new or	4077
expanded infrastructure pursuant to division (H) of section 164.05	4078
of the Revised Code shall be available in succeeding years only	4079
for the repair and replacement of existing infrastructure.	4080

(G) When an allocation based on population is made by the	4081
director pursuant to division (B) of this section, the director	4082
shall use the most recent decennial census statistics, and shall	4083
not make any reallocations based upon a change in a district's	4084
population.	4085

Sec. 166.01. As used in this chapter:

4086

(A) "Allowable costs" means all or part of the costs of	4087
project facilities, eligible projects, eligible innovation	4088
projects, eligible research and development projects, eligible	4089
advanced energy projects, or eligible logistics and distribution	4090
projects, including costs of acquiring, constructing,	4091
reconstructing, rehabilitating, renovating, enlarging, improving,	4092
equipping, or furnishing project facilities, eligible projects,	4093
eligible innovation projects, eligible research and development	4094
projects, eligible advanced energy projects, or eligible logistics	4095
and distribution projects, site clearance and preparation,	4096
supplementing and relocating public capital improvements or	4097
utility facilities, designs, plans, specifications, surveys,	4098
studies, and estimates of costs, expenses necessary or incident to	4099
determining the feasibility or practicability of assisting an	4100
eligible project, an eligible innovation project, an eligible	4101
research and development project, an eligible advanced energy	4102
project, or an eligible logistics and distribution project, or	4103
providing project facilities or facilities related to an eligible	4104
project, an eligible innovation project, an eligible research and	4105
development project, an eligible advanced energy project, or an	4106
eligible logistics and distribution project, architectural,	4107
engineering, and legal services fees and expenses, the costs of	4108
conducting any other activities as part of a voluntary action, and	4109
such other expenses as may be necessary or incidental to the	4110
establishment or development of an eligible project, an eligible	4111
innovation project, an eligible research and development project,	4112
an eligible advanced energy project, or an eligible logistics and	4113
distribution project, and reimbursement of moneys advanced or	4114
applied by any governmental agency or other person for allowable	4115
costs.	4116

(B) "Allowable innovation costs" includes allowable costs of	4117
eligible innovation projects and, in addition, includes the costs	4118
of research and development of eligible innovation projects;	4119
obtaining or creating any requisite software or computer hardware	4120
related to an eligible innovation project or the products or	4121
services associated therewith; testing (including, without	4122
limitation, quality control activities necessary for initial	4123
production), perfecting, and marketing of such products and	4124
services; creating and protecting intellectual property related to	4125
an eligible innovation project or any products or services related	4126
thereto, including costs of securing appropriate patent,	4127
trademark, trade secret, trade dress, copyright, or other form of	4128
intellectual property protection for an eligible innovation	4129
project or related products and services; all to the extent that	4130
such expenditures could be capitalized under then-applicable	4131
generally accepted accounting principles; and the reimbursement of	4132
moneys advanced or applied by any governmental agency or other	4133
person for allowable innovation costs.	4134

(C) "Eligible innovation project" includes an eligible	4135
project, including any project facilities associated with an	4136
eligible innovation project and, in addition, includes all	4137
tangible and intangible property related to a new product or	4138
process based on new technology or the creative application of	4139
existing technology, including research and development, product	4140
or process testing, quality control, market research, and related	4141
activities, that is to be acquired, established, expanded,	4142
remodeled, rehabilitated, or modernized for industry, commerce,	4143
distribution, or research, or any combination thereof, the	4144
operation of which, alone or in conjunction with other eligible	4145
projects, eligible innovation projects, or innovation property,	4146
will create new jobs or preserve existing jobs and employment	4147
opportunities and improve the economic welfare of the people of	4148
the state.	4149

(D) "Eligible project" means project facilities to be	4150
acquired, established, expanded, remodeled, rehabilitated, or	4151
modernized for industry, commerce, distribution, or research, or	4152
any combination thereof, the operation of which, alone or in	4153
conjunction with other facilities, will create new jobs or	4154
preserve existing jobs and employment opportunities and improve	4155
the economic welfare of the people of the state. "Eligible	4156
project" includes, without limitation, a voluntary action. For	4157
purposes of this division, "new jobs" does not include existing	4158
jobs transferred from another facility within the state, and	4159
"existing jobs" includes only those existing jobs with work places	4160
within the municipal corporation or unincorporated area of the	4161
county in which the eligible project is located.	4162

"Eligible project" does not include project facilities to be	4163
acquired, established, expanded, remodeled, rehabilitated, or	4164
modernized for industry, commerce, distribution, or research, or	4165
any combination of industry, commerce, distribution, or research,	4166
if the project facilities consist solely of	4167
point-of-final-purchase retail facilities. If the project	4168
facilities consist of both point-of-final-purchase retail	4169
facilities and nonretail facilities, only the portion of the	4170
project facilities consisting of nonretail facilities is an	4171
eligible project. If a warehouse facility is part of a	4172
point-of-final-purchase retail facility and supplies only that	4173
facility, the warehouse facility is not an eligible project.	4174
Catalog distribution facilities are not considered	4175
point-of-final-purchase retail facilities for purposes of this	4176
paragraph, and are eligible projects.	4177

(E) "Eligible research and development project" means an	4178
eligible project, including project facilities, comprising,	4179
within, or related to, a facility or portion of a facility at	4180
which research is undertaken for the purpose of discovering	4181
information that is technological in nature and the application of	4182
which is intended to be useful in the development of a new or	4183
improved product, process, technique, formula, or invention, a new	4184
product or process based on new technology, or the creative	4185
application of existing technology.	4186

(F) "Financial assistance" means inducements under division	4187
(B) of section 166.02 of the Revised Code, loan guarantees under	4188
section 166.06 of the Revised Code, and direct loans under section	4189
166.07 of the Revised Code.	4190

(G) "Governmental action" means any action by a governmental	4191
agency relating to the establishment, development, or operation of	4192
an eligible project, eligible innovation project, eligible	4193
research and development project, eligible advanced energy	4194
project, or eligible logistics and distribution project, and	4195
project facilities that the governmental agency acting has	4196
authority to take or provide for the purpose under law, including,	4197
but not limited to, actions relating to contracts and agreements,	4198
zoning, building, permits, acquisition and disposition of	4199
property, public capital improvements, utility and transportation	4200
service, taxation, employee recruitment and training, and liaison	4201
and coordination with and among governmental agencies.	4202

(H) "Governmental agency" means the state and any state	4203
department, division, commission, institution or authority; a	4204
municipal corporation, county, or township, and any agency	4205
thereof, and any other political subdivision or public corporation	4206
or the United States or any agency thereof; any agency,	4207
commission, or authority established pursuant to an interstate	4208
compact or agreement; and any combination of the above.	4209

(I) "Innovation financial assistance" means inducements under	4210
division (B) of section 166.12 of the Revised Code, innovation	4211
Ohio loan guarantees under section 166.15 of the Revised Code, and	4212
innovation Ohio loans under section 166.16 of the Revised Code.	4213

(J) "Innovation Ohio loan guarantee reserve requirement"	4214
means, at any time, with respect to innovation loan guarantees	4215
made under section 166.15 of the Revised Code, a balance in the	4216
innovation Ohio loan guarantee fund equal to the greater of twenty	4217
per cent of the then-outstanding principal amount of all	4218
outstanding innovation loan guarantees made pursuant to section	4219
166.15 of the Revised Code or fifty per cent of the principal	4220
amount of the largest outstanding guarantee made pursuant to	4221
section 166.15 of the Revised Code.	4222

(K) "Innovation property" includes property and also includes	4223
software, inventory, licenses, contract rights, goodwill,	4224
intellectual property, including without limitation, patents,	4225
patent applications, trademarks and service marks, and trade	4226
secrets, and other tangible and intangible property, and any	4227
rights and interests in or connected to the foregoing.	4228

(L) "Loan guarantee reserve requirement" means, at any time,	4229
with respect to loan guarantees made under section 166.06 of the	4230
Revised Code, a balance in the loan guarantee fund equal to the	4231
greater of twenty per cent of the then-outstanding principal	4232
amount of all outstanding guarantees made pursuant to section	4233
166.06 of the Revised Code or fifty per cent of the principal	4234
amount of the largest outstanding guarantee made pursuant to	4235
section 166.06 of the Revised Code.	4236

(M) "Person" means any individual, firm, partnership,	4237
association, corporation, or governmental agency, and any	4238
combination thereof.	4239

(N) "Project facilities" means buildings, structures, and	4240
other improvements, and equipment and other property, excluding	4241
small tools, supplies, and inventory, and any one, part of, or	4242
combination of the above, comprising all or part of, or serving or	4243
being incidental to, an eligible project, an eligible innovation	4244
project, an eligible research and development project, an eligible	4245
advanced energy project, or an eligible logistics and distribution	4246
project, including, but not limited to, public capital	4247
improvements.	4248

(O) "Property" means real and personal property and interests	4249
therein.	4250

(P) "Public capital improvements" means capital improvements	4251
or facilities that any governmental agency has authority to	4252
acquire, pay the costs of, own, maintain, or operate, or to	4253
contract with other persons to have the same done, including, but	4254
not limited to, highways, roads, streets, water and sewer	4255
facilities, railroad and other transportation facilities, and air	4256
and water pollution control and solid waste disposal facilities.	4257
For purposes of this division, "air pollution control facilities"	4258
includes, without limitation, solar, geothermal, biofuel, biomass,	4259
wind, hydro, wave, and other advanced energy projects as defined	4260
in section 3706.25 of the Revised Code.	4261

(Q) "Research and development financial assistance" means	4262
inducements under section 166.17 of the Revised Code, research and	4263
development loans under section 166.21 of the Revised Code, and	4264
research and development tax credits under sections 5733.352 and	4265
5747.331 of the Revised Code.	4266

(R) "Targeted innovation industry sectors" means industry	4267
sectors involving the production or use of advanced materials,	4268
instruments, controls and electronics, power and propulsion,	4269
biosciences, and information technology, or such other sectors as	4270
may be designated by the director of development services.	4271

(S) "Voluntary action" means a voluntary action, as defined	4272
in section 3746.01 of the Revised Code, that is conducted under	4273
the voluntary action program established in Chapter 3746. of the	4274
Revised Code.	4275

(T) "Project financing obligations" means obligations issued	4276
pursuant to section 166.08 of the Revised Code other than	4277
obligations for which the bond proceedings provide that bond	4278
service charges shall be paid from receipts of the state	4279
representing gross profit on the sale of spirituous liquor as	4280
referred to in division (B)(4) of section 4310.10 of the Revised	4281
Code.	4282

(U) "Regional economic development entity" means an entity	4283
that is under contract with the director ~~of development~~ to	4284
administer a loan program under this chapter in a particular area	4285
of this state.	4286

(V) "Advanced energy research and development fund" means the	4287
advanced energy research and development fund created in section	4288
3706.27 of the Revised Code.	4289

(W) "Advanced energy research and development taxable fund"	4290
means the advanced energy research and development taxable fund	4291
created in section 3706.27 of the Revised Code.	4292

(X) "Eligible advanced energy project" means an eligible	4293
project that is an "advanced energy project" as defined in section	4294
3706.25 of the Revised Code.	4295

(Y) "Eligible logistics and distribution project" means an	4296
eligible project, including project facilities, to be acquired,	4297
established, expanded, remodeled, rehabilitated, or modernized for	4298
transportation logistics and distribution infrastructure purposes.	4299
As used in this division, "transportation logistics and	4300
distribution infrastructure purposes" means promoting, providing	4301
for, and enabling improvements to the ground, air, and water	4302
transportation infrastructure comprising the transportation system	4303
in this state, including, without limitation, highways, streets,	4304
roads, bridges, railroads carrying freight, and air and water	4305
ports and port facilities, and all related supporting facilities.	4306

(Z) "Department of development" means the development	4307
services agency and "director of development" means the director	4308
of development services.	4309

Sec. 166.04. (A) Prior to entering into each agreement to	4310
provide assistance under sections 166.02, 166.06, and 166.07 of	4311
the Revised Code, the director of development services shall	4312
determine whether the assistance will conform to the requirements	4313
of sections 166.01 to 166.11 of the Revised Code. Such	4314
determination, and the facts upon which it is based, shall be set	4315
forth, where required, by the director in submissions made to the	4316
controlling board ~~for purposes of section 166.03 and, unless~~	4317
~~provision of the assistance has been recommended to the director~~	4318
~~by a regional economic development entity, to the development~~	4319
~~financing advisory council under section 166.05~~when the director	4320
seeks a release of moneys under section 166.02 of the Revised	4321
Code. An agreement to provide assistance under sections 166.02,	4322
166.06, and 166.07 of the Revised Code shall set forth such	4323
determination, which shall be conclusive for purposes of the	4324
validity and enforceability of such agreement and any loan	4325
guarantees, loans, or other agreements entered into pursuant to	4326
such agreement to provide assistance.	4327

(B) Whenever a person applies for financial assistance under	4328
sections 166.02, 166.06, and 166.07 of the Revised Code and the	4329
project for which assistance is requested is to relocate	4330
facilities that are currently being operated by the person and	4331
that are located in another county, municipal corporation, or	4332
township, the director shall provide written notification to the	4333
appropriate local governmental bodies and state officials. The	4334
notification shall contain the following information:	4335

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

4336

(2) The county, and the municipal corporation or township, in	4337
which the project for which assistance is requested is located;	4338
and	4339

(3) The county, and the municipal corporation or township, in	4340
which the facility to be replaced is located.	4341

~~The director shall provide the written notification to the~~	4342
~~appropriate local governmental bodies and state officials so that~~	4343
~~they receive the notification at least five days before the~~	4344
~~development financing advisory council meeting at which the~~	4345
~~council considers the request for financial assistance pursuant to~~	4346
~~section 166.05 of the Revised Code.~~	4347

4348

(1) "Appropriate local governmental bodies" means:

4349

(a) The boards of county commissioners or legislative	4350
authorities of the county in which the project for which	4351
assistance is requested is located and of the county in which the	4352
facility to be replaced is located;	4353

(b) The legislative authority of the municipal corporation or	4354
the board of township trustees of the township in which the	4355
project for which assistance is requested is located; and	4356

(c) The legislative authority of the municipal corporation or	4357
the board of township trustees of the township in which the	4358
facility to be replaced is located.	4359

(2) "State officials" means:

4360

(a) The state representative and state senator in whose	4361
districts the project for which assistance is requested is	4362
located;	4363

(b) The state representative and state senator in whose	4364
districts the facility to be replaced is located.	4365

Sec. 166.05. (A) In determining the projects to be assisted	4366
and the nature, amount, and terms of assistance to be provided for	4367
an eligible project under sections 166.02, 166.06, and 166.07 of	4368
the Revised Code:	4369

(1) ~~Except as otherwise provided in division (A)(3) of this~~	4370
~~section, the~~The director of development services shall take into	4371
consideration all of the following:	4372

(a) The number of jobs to be created or preserved, directly	4373
or indirectly;	4374

(b) Payrolls, and the taxes generated, at both state and	4375
local levels, by the eligible project and by the employment	4376
created or preserved by the eligible project;	4377

(c) The size, nature, and cost of the eligible project,	4378
including the prospect of the project for providing long-term jobs	4379
in enterprises consistent with the changing economics of the state	4380
and the nation;	4381

(d) The needs, and degree of needs, of the area in which the	4382
eligible project is to be located;	4383

(e) The needs of any private sector enterprise to be	4384
assisted;	4385

(f) The competitive effect of the assistance on other	4386
enterprises providing jobs for people of the state;	4387

(g) The amount and kind of assistance, if any, to be provided	4388
to the private sector enterprise by other governmental agencies	4389
through tax exemption or abatement, financing assistance with	4390
industrial development bonds, and otherwise, with respect to the	4391
eligible project;	4392

(h) The impact of the eligible project and its operations on	4393
local government services, including school services, and on	4394
public facilities;	4395

(i) The effect of the assistance on the loss of or damage to	4396
or destruction of prime farmland, or the removal from agricultural	4397
production of prime farmland. As used in this section, "prime	4398
farmland" means agricultural land that meets the criteria for this	4399
classification as defined by the United States soil conservation	4400
service.	4401

(j) The length of time the operator of the project has been	4402
operating facilities within the state.	4403

(2) The benefits to the local area, including taxes, jobs,	4404
and reduced unemployment and reduced welfare costs, among others,	4405
may be accorded value in the leasing or sales of project	4406
facilities and in loan and guarantee arrangements.	4407

(B) Prior to granting final approval of the assistance to be	4408
provided, the director shall determine that the benefits to be	4409
derived by the state and local area from the establishment or	4410
development, and operation, of the eligible project will exceed	4411
the cost of providing such assistance and~~, except as provided in~~	4412
~~division (C)(2) of this section,~~ shall submit to the ~~development~~	4413
~~financing advisory council and to the~~ controlling board a copy of	4414
that determination including the basis for the determination.	4415

(C)~~(1) Except as provided in division (C)(2) of this section,~~	4416
~~prior to the submission provided for in division (B) of this~~	4417
~~section to the controlling board, the director shall submit to the~~	4418
~~development financing advisory council data pertinent to the~~	4419
~~considerations set forth in division (A) of this section, the~~	4420
~~terms of the proposed assistance, and such other relevant~~	4421
~~information as the development financing advisory council may~~	4422
~~request.~~	4423

~~(2) The director is not required to submit any determination,~~	4424
~~data, terms, or other application materials or information to the~~	4425
~~development financing advisory council when provision of the~~	4426
~~assistance has been recommended to the director by a regional~~	4427
~~economic development entity.~~	4428

~~(D) The development financing advisory council, on the basis~~	4429
~~of such data, shall make recommendations as to the appropriateness~~	4430
~~of the assistance to be provided. The recommendations may be~~	4431
~~revised to reflect any changes in the proposed assistance as the~~	4432
~~director may submit to the council. The recommendations, as~~	4433
~~amended, of the council as to the appropriateness of the proposed~~	4434
~~assistance shall be submitted to the controlling board.~~	4435

~~(E)~~ Financial statements and other data submitted to the	4436
director of development~~, the development financing advisory~~	4437
~~council,~~services or the controlling board by any private sector	4438
person in connection with financial assistance under sections	4439
166.02, 166.06, and 166.07 of the Revised Code, or any information	4440
taken from such statements or data for any purpose, shall not be	4441
open to public inspection. ~~The development financing advisory~~	4442
~~council in considering confidential information in connection with~~	4443
~~financial assistance under sections 166.02, 166.06, and 166.07 of~~	4444
~~the Revised Code may, only for consideration of the confidential~~	4445
~~information referred to, and in the manner provided in division~~	4446
~~(E) of section 121.22 of the Revised Code, close the meeting~~	4447
~~during such consideration.~~	4448

Sec. 166.13. (A) Prior to entering into each agreement to	4449
provide innovation financial assistance under sections 166.12,	4450
166.15, and 166.16 of the Revised Code, the director of	4451
development services shall determine whether the assistance will	4452
conform to the requirements of sections 166.12 to 166.16 of the	4453
Revised Code. Such determination, and the facts upon which it is	4454
based, shall be set forth by the director in submissions made to	4455
the controlling board ~~for purposes of section 166.16 of the~~	4456
~~Revised Code and to the development financing advisory council~~	4457
~~under section 166.14~~when the director seeks a release of moneys	4458
under section 166.12 of the Revised Code. An agreement to provide	4459
assistance under sections 166.12, 166.15, and 166.16 of the	4460
Revised Code shall set forth the determination, which shall be	4461
conclusive for purposes of the validity and enforceability of the	4462
agreement and any innovation loan guarantees, innovation loans, or	4463
other agreements entered into pursuant to the agreement to provide	4464
innovation financial assistance.	4465

(B) Whenever a person applies for innovation financial	4466
assistance under sections 166.12, 166.15, and 166.16 of the	4467
Revised Code and the eligible innovation project for which	4468
innovation financial assistance is requested is to relocate an	4469
eligible innovation project that is currently being operated by	4470
the person and that is located in another county, municipal	4471
corporation, or township, the director shall provide written	4472
notification to the appropriate local governmental bodies and	4473
state officials. The notification shall contain the following	4474
information:	4475

(1) The name of the person applying for innovation financial	4476
assistance;	4477

(2) The county, and the municipal corporation or township, in	4478
which the eligible innovation project for which innovation	4479
financial assistance is requested is located; and	4480

(3) The county, and the municipal corporation or township, in	4481
which the eligible innovation project to be replaced is located.	4482

~~The director shall provide the written notification to the~~	4483
~~appropriate local governmental bodies and state officials so that~~	4484
~~they receive the notification at least five days before the~~	4485
~~development financing advisory council meeting at which the~~	4486
~~council considers the request for innovation financial assistance~~	4487
~~pursuant to sections 166.12, 166.15, and 166.16 of the Revised~~	4488
~~Code.~~	4489

4490

(1) "Appropriate local governmental bodies" means:

4491

(a) The boards of county commissioners or legislative	4492
authorities of the county in which the project for which	4493
innovation financial assistance is requested is located and of the	4494
county in which the eligible innovation project to be replaced is	4495
located;	4496

(b) The legislative authority of the municipal corporation or	4497
the board of township trustees of the township in which the	4498
eligible innovation project for which innovation financial	4499
assistance is requested is located; and	4500

(c) The legislative authority of the municipal corporation or	4501
the board of township trustees of the township in which the	4502
eligible innovation project to be replaced is located.	4503

(2) "State officials" means:

4504

(a) The state representative and state senator in whose	4505
districts the project for which innovation financial assistance is	4506
requested is located;	4507

(b) The state representative and state senator in whose	4508
districts the innovation project to be replaced is located.	4509

Sec. 166.14. (A) In determining the eligible innovation	4510
projects to be assisted and the nature, amount, and terms of	4511
innovation financial assistance to be provided for an eligible	4512
innovation project under sections 166.12 to 166.16 of the Revised	4513
Code:	4514

(1) The director of development services shall take into	4515
consideration all of the following:	4516

(a) The number of jobs to be created or preserved by the	4517
eligible innovation project, directly or indirectly;	4518

(b) Payrolls, and the taxes generated, at both state and	4519
local levels, by or in connection with the eligible innovation	4520
project and by the employment created or preserved by or in	4521
connection with the eligible innovation project;	4522

(c) The size, nature, and cost of the eligible innovation	4523
project, including the prospect of the eligible innovation project	4524
for providing long-term jobs in enterprises consistent with the	4525
changing economics of the state and the nation;	4526

(d) The needs of any private sector enterprise to be	4527
assisted;	4528

(e) The amount and kind of assistance, if any, to be provided	4529
to the private sector enterprise by other governmental agencies	4530
through tax exemption or abatement, financing assistance with	4531
industrial development bonds, and otherwise, with respect to the	4532
eligible innovation project or with respect to any providers of	4533
innovation property to be included as part of the eligible	4534
innovation project;	4535

(f) The likelihood of the successful implementation of the	4536
proposed eligible innovation project;	4537

(g) Whether the eligible innovation project involves the use	4538
of technology in a targeted innovation industry sector.	4539

(2) The benefits to the local area, including taxes, jobs,	4540
and reduced unemployment and reduced welfare costs, among others,	4541
may be accorded value in the leasing or sales of innovation	4542
project facilities and in loan and guarantee arrangements.	4543

(3) In making determinations under division (A)(1) of this	4544
section, the director may consider the effect of an eligible	4545
innovation project upon any entity engaged to provide innovation	4546
property to be acquired, leased, or licensed in connection with	4547
such assistance.	4548

(B) ~~The director shall submit to the development financing~~	4549
~~advisory council data pertinent to the considerations set forth in~~	4550
~~division (A) of this section, the terms of the proposed innovation~~	4551
~~financial assistance, and such other relevant information as the~~	4552
~~council may request.~~	4553

~~(C) The development financing advisory council, on the basis~~	4554
~~of such data, shall make recommendations as to the appropriateness~~	4555
~~of the innovation financial assistance to be provided. The~~	4556
~~recommendations may be revised to reflect any changes in the~~	4557
~~proposed innovation financial assistance as the director may~~	4558
~~submit to the council. The recommendations, as amended, of the~~	4559
~~council as to the appropriateness of the proposed innovation~~	4560
~~financial assistance shall be submitted to the controlling board.~~	4561

~~(D)~~ Financial statements and other data submitted to the	4562
director of development~~, the development financing advisory~~	4563
~~council,~~services or the controlling board by any private sector	4564
person in connection with innovation financial assistance under	4565
sections 166.12, 166.15, and 166.16 of the Revised Code, or any	4566
information taken from such statements or data for any purpose,	4567
shall not be open to public inspection. ~~The development financing~~	4568
~~advisory council in considering confidential information in~~	4569
~~connection with innovation financial assistance under this chapter~~	4570
~~may, only for consideration of the confidential information~~	4571
~~referred to, and in the manner provided in division (E) of section~~	4572
~~121.22 of the Revised Code, close the meeting during such~~	4573
~~consideration.~~	4574

Sec. 166.18. (A) Prior to entering into each agreement to	4575
provide research and development financial assistance, the	4576
director of development services shall determine whether the	4577
assistance will conform to the requirements of sections 166.17 to	4578
166.21, 5733.352, and 5747.331 of the Revised Code. Such	4579
determination, and the facts upon which it is based, shall be set	4580
forth by the director in submissions made to the controlling board	4581
~~for purposes of section 166.17 of the Revised Code and to the~~	4582
~~development financing advisory council under section 166.19~~when	4583
the director seeks a release of moneys under section 166.17 of the	4584
Revised Code. An agreement to provide research and development	4585
financial assistance under section 166.17 or 166.21 of the Revised	4586
Code shall set forth the determination, which shall be conclusive	4587
for purposes of the validity and enforceability of the agreement,	4588
and any loans or other agreements entered into pursuant to the	4589
agreement, to provide research and development financial	4590
assistance.	4591

(B) Whenever a person applies for research and development	4592
financial assistance, and the eligible research and development	4593
project for which that assistance is requested is to relocate an	4594
eligible research and development project that is currently being	4595
operated by the person and that is located in another county,	4596
municipal corporation, or township within the state, the director	4597
shall provide written notification to the appropriate local	4598
governmental bodies and state officials. The notification shall	4599
state all of the following:	4600

(1) The name of the person applying for research and	4601
development financial assistance;	4602

(2) The county, and the municipal corporation or township, in	4603
which the project for which research and development financial	4604
assistance is requested will be located;	4605

(3) The county, and the municipal corporation or township, in	4606
which the eligible research and development project is located at	4607
the time such financial assistance is requested.	4608

~~The director shall provide the written notification to the~~	4609
~~appropriate local governmental bodies and state officials so that~~	4610
~~they receive the notification at least five days before the~~	4611
~~development financing advisory council meeting at which the~~	4612
~~council considers the request for research and development~~	4613
~~financial assistance.~~	4614

4615

(1) "Appropriate local governmental bodies" means all of the	4616
following:	4617

(a) The board of county commissioners of or legislative	4618
authorities of special districts in the county in which the	4619
eligible research and development project for which research and	4620
development financial assistance is requested is located and of	4621
the county in which the project will be located;	4622

(b) The legislative authority of the municipal corporation or	4623
the board of township trustees of the township in which the	4624
eligible research and development project for which research and	4625
development financial assistance is requested is located and of	4626
the municipal corporation or township in which the project will be	4627
located.	4628

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

4629

(a) The state representative and state senator in whose	4630
district the eligible research and development project for which	4631
research and development financial assistance is requested is	4632
located;	4633

(b) The state representative and state senator in whose	4634
district the eligible research and development project will be	4635
located.	4636

Sec. 166.19. (A)(1) In determining the eligible research and	4637
development projects to be assisted and the nature, amount, and	4638
terms of the research and development financial assistance to be	4639
provided, the director of development services shall consider all	4640
of the following:	4641

(a) The number of jobs to be created or preserved, directly	4642
or indirectly, by or in connection with the eligible research and	4643
development project;	4644

(b) Payrolls, and the taxes generated at both state and local	4645
levels, by the eligible research and development project and by	4646
the employment created or preserved by or in connection with the	4647
project;	4648

(c) The size, nature, and cost of the eligible research and	4649
development project;	4650

(d) The likelihood that the eligible research and development	4651
project will create long-term jobs in enterprises consistent with	4652
the changing economy of the state and nation;	4653

(e) The needs of any private sector enterprise to be	4654
assisted, taking into consideration the amount and kind of	4655
assistance, if any, to be provided to the private sector	4656
enterprise by other governmental agencies through tax exemption or	4657
abatement, financing assistance with industrial development bonds,	4658
and otherwise, with respect to the eligible research and	4659
development project or with respect to any providers of research	4660
and development property to be included as part of the project;	4661

(f) The likelihood that the eligible research and development	4662
project will be successfully implemented.	4663

(2) The director may consider the benefits to the local area,	4664
including taxes, jobs, and reduced unemployment and reduced	4665
welfare costs, in the leasing or sale of eligible research and	4666
development project facilities and in loan arrangements.	4667

(3) The director may consider the effect of an eligible	4668
research and development project upon any entity engaged to	4669
provide research and development property to be acquired, leased,	4670
or licensed in connection with research and development financial	4671
assistance.	4672

(B) ~~The director shall submit to the development financing~~	4673
~~advisory council data pertinent to the considerations set forth in~~	4674
~~division (A) of this section, the terms of the proposed research~~	4675
~~and development assistance, and such other relevant information as~~	4676
~~the council may request.~~	4677

~~(C) The development financing advisory council, on the basis~~	4678
~~of the data submitted under division (B) of this section, shall~~	4679
~~make recommendations as to the appropriateness of the research and~~	4680
~~development financial assistance to be provided. The~~	4681
~~recommendations may be revised to reflect any changes in the~~	4682
~~proposed research and development financial assistance that the~~	4683
~~director may submit to the council. The recommendations of the~~	4684
~~council as to the appropriateness of the proposed research and~~	4685
~~development financial assistance shall be submitted to the~~	4686
~~controlling board.~~	4687

~~(D)~~ Financial statements and other data submitted to the	4688
director of development~~, the development financing advisory~~	4689
~~council,~~services or the controlling board by any private sector	4690
person in connection with research and development financial	4691
assistance, or any information taken from such statements or data	4692
for any purpose, shall not be open to public inspection. ~~The~~	4693
~~development financing advisory council, in considering~~	4694
~~confidential information in connection with research and~~	4695
~~development financial assistance may, only for consideration of~~	4696
~~the confidential information referred to and in the manner~~	4697
~~provided in division (E) of section 121.22 of the Revised Code,~~	4698
~~close the meeting during such consideration.~~	4699

Sec. 166.25. (A) The director of development services, with	4700
the approval of the controlling board and subject to the other	4701
applicable provisions of this chapter, may lend money in the	4702
logistics and distribution infrastructure fund and the logistics	4703
and distribution infrastructure taxable bond fund to persons for	4704
the purpose of paying allowable costs of eligible logistics and	4705
distribution projects.	4706

(B) In determining the eligible logistics and distribution	4707
projects to be assisted and the nature, amount, and terms of	4708
assistance to be provided for an eligible logistics and	4709
distribution project, the director shall consult with appropriate	4710
governmental agencies, including the department of transportation	4711
and the Ohio rail development commission.	4712

(C)~~(1) The director shall submit to the development financing~~	4713
~~advisory council the terms of the proposed assistance to be~~	4714
~~provided for an eligible logistics and distribution project and~~	4715
~~such other relevant information as the council may request.~~	4716

~~(2) The council, on the basis of such information, shall make~~	4717
~~recommendations as to the appropriateness of the assistance to be~~	4718
~~provided. The recommendations may be revised to reflect any~~	4719
~~changes in the proposed assistance the director may submit to the~~	4720
~~council.~~	4721

~~(3) The director shall submit the terms of the proposed~~	4722
~~assistance to be provided, along with the recommendations, as~~	4723
~~amended, of the council as to the appropriateness of the proposed~~	4724
~~assistance, to the controlling board.~~	4725

~~(D)~~ Any loan made pursuant to this section shall be evidenced	4726
by a loan agreement, which shall contain such terms as the	4727
director determines necessary or appropriate, including	4728
performance measures and reporting requirements. The director may	4729
take actions necessary or appropriate to collect or otherwise deal	4730
with any loan made under this section, including requiring a loan	4731
recipient to repay the amount of the loan plus interest at a rate	4732
of three per cent above the federal short term interest rate or	4733
any other rate determined by the director.	4734

Sec. 166.30. (A) The Ohio air quality development authority,	4735
with the approval of the controlling board and subject to sections	4736
3706.25 to 3706.30 of the Revised Code, may provide grants from	4737
money in the advanced energy research and development fund and may	4738
lend money in the advanced energy research and development taxable	4739
fund to persons for the purposes of paying allowable costs of	4740
eligible advanced energy projects.	4741

(B) In determining the eligible advanced energy projects to	4742
be assisted and the nature, amount, and terms of assistance to be	4743
provided for an eligible advanced energy project, the authority	4744
shall consult with appropriate governmental agencies.	4745

(C)~~(1) The authority shall submit to the development~~	4746
~~financing advisory council the terms of the proposed assistance to~~	4747
~~be provided for an eligible advanced energy project and such other~~	4748
~~relevant information as the council may request.~~	4749

~~(2) The council, on the basis of such information, shall make~~	4750
~~recommendations as to the appropriateness of the assistance to be~~	4751
~~provided. The recommendations may be revised to reflect any~~	4752
~~changes in the proposed assistance the authority may submit to the~~	4753
~~council.~~	4754

~~(3) The authority shall submit the terms of the proposed~~	4755
~~assistance to be provided, along with the recommendations, as~~	4756
~~amended, of the council as to the appropriateness of the proposed~~	4757
~~assistance, to the controlling board.~~	4758

~~(D)~~ Any grant or loan made pursuant to this section shall be	4759
evidenced by an agreement, which shall contain such terms as the	4760
authority determines necessary or appropriate, including	4761
performance measures and reporting requirements. The authority may	4762
take actions necessary or appropriate to collect or otherwise deal	4763
with any assistance provided under this section, including	4764
requiring a loan or grant recipient to repay the amount of the	4765
loan or grant plus interest at a rate of three per cent above the	4766
federal short term interest rate or any other rate determined by	4767
the authority.	4768

Sec. 174.01. As used in this chapter:

4769

(A) "Financial assistance" means grants, loans, loan	4770
guarantees, an equity position in a project, or loan subsidies.	4771

(B) "Grant" means funding the ~~department of~~ development	4772
services agency or the Ohio housing finance agency provides for	4773
which the ~~department or the~~relevant agency does not require	4774
repayment.	4775

(C) "Housing" means housing for owner-occupancy and	4776
multifamily rental housing.	4777

(D) "Housing for owner-occupancy" means housing that is	4778
intended for occupancy by an owner as a principal residence.	4779
"Housing for owner-occupancy" may be any type of structure and may	4780
be owned in any type of ownership.	4781

(E) "Housing trust fund" means the low- and moderate-income	4782
housing trust fund created and administered pursuant to Chapter	4783
174. of the Revised Code.	4784

(F) "Lending institution" means any financial institution	4785
qualified to conduct business in this state, a subsidiary	4786
corporation that is wholly owned by a financial institution	4787
qualified to conduct business in this state, and a mortgage lender	4788
whose regular business is originating, servicing, or brokering	4789
real estate loans and who is qualified to do business in this	4790
state.	4791

(G) "Loan" means any extension of credit or other form of	4792
financing or indebtedness directly or indirectly to a borrower	4793
with the expectation that it will be repaid in accordance with the	4794
terms of the underlying loan agreement or other pertinent	4795
document. "Loan" includes financing extended to lending	4796
institutions and indebtedness purchased from lending institutions.	4797

(H) "Loan guarantee" means any agreement in favor of a	4798
lending institution or other lender in which the credit and	4799
resources of the housing trust fund are pledged to secure the	4800
payment or collection of financing extended to a borrower for the	4801
acquisition, construction, improvement, rehabilitation or	4802
preservation of housing, or to refinance any financing previously	4803
extended for those purposes by any lender.	4804

(I) "Loan subsidy" means any deposit of funds into a lending	4805
institution with the authorization or direction that the income or	4806
revenues the deposit earns, or could have earned at competitive	4807
rates, be applied directly or indirectly to the benefit of housing	4808
assistance or financial assistance.	4809

(J) "Low- and moderate-income persons" means individuals and	4810
families who qualify as low- and moderate-income persons pursuant	4811
to guidelines the ~~department of~~ development services agency	4812
establishes.	4813

(K) "Multifamily rental housing" means multiple unit housing	4814
intended for rental occupancy.	4815

(L) "Nonprofit organization" means a nonprofit organization	4816
in good standing and qualified to conduct business in this state	4817
including any corporation whose members are members of a	4818
metropolitan housing authority.	4819

(M) "Department of development" means the development	4820
services agency and "director of development" means the director	4821
of development services.	4822

Sec. 184.01. (A) There is hereby created the third frontier	4823
commission in the ~~department of~~ development services agency. The	4824
purpose of the commission is to coordinate and administer science	4825
and technology programs to promote the welfare of the people of	4826
the state and to maximize the economic growth of the state through	4827
expansion of both of the following:	4828

(1) The state's high technology research and development	4829
capabilities;	4830

(2) The state's product and process innovation and	4831
commercialization.	4832

(B)(1) The commission shall consist of ~~nine~~eleven members:	4833
the director of development services, the chancellor of the Ohio	4834
board of regents, the governor's science and technology advisor,	4835
the chief investment officer of the nonprofit corporation formed	4836
under section 187.01 of the Revised Code, and ~~six~~seven persons	4837
appointed by the governor with the advice and consent of the	4838
senate.	4839

(2) Of the ~~six~~seven persons appointed by the governor, one	4840
shall represent the central region, which is composed of the	4841
counties of Delaware, Fairfield, Fayette, Franklin, Hocking, Knox,	4842
Licking, Logan, Madison, Marion, Morrow, Perry, Pickaway, Ross,	4843
and Union; one shall represent the west central region, which is	4844
composed of the counties of Champaign, Clark, Darke, Greene,	4845
Miami, Montgomery, Preble, and Shelby; one shall represent the	4846
northeast region, which is composed of the counties of Ashland,	4847
Ashtabula, Carroll, Crawford, Columbiana, Cuyahoga, Erie, Geauga,	4848
Holmes, Huron, Lake, Lorain, Mahoning, Medina, Portage, Richland,	4849
Stark, Summit, Trumbull, Tuscarawas, and Wayne; one shall	4850
represent the northwest region, which is composed of the counties	4851
of Allen, Auglaize, Defiance, Fulton, Hancock, Hardin, Henry,	4852
Lucas, Mercer, Ottawa, Paulding, Putnam, Sandusky, Seneca, Van	4853
Wert, Williams, Wood, and Wyandot; one shall represent the	4854
southeast region, which shall represent the counties of Adams,	4855
Athens, Belmont, Coshocton, Gallia, Guernsey, Harrison, Jackson,	4856
Jefferson, Lawrence, Meigs, Monroe, Morgan, Muskingum, Noble,	4857
Pike, Scioto, Vinton, and Washington; ~~and~~ one shall represent the	4858
southwest region, which is composed of the counties of Butler,	4859
Brown, Clermont, Clinton, Hamilton, Highland, and Warren; and one	4860
shall represent the public at large. Of the initial appointments,	4861
two shall be for one year, two shall be for two years, and two	4862
shall be for three years as assigned by the governor. Thereafter,	4863
appointments shall be for three-year terms. Members may be	4864
reappointed and vacancies shall be filled in the same manner as	4865
appointments. A person must have a background in business or	4866
research in order to be eligible for appointment to the	4867
commission.	4868

(3) The governor shall select a chairperson from among the	4869
members, who shall serve in that role at the pleasure of the	4870
governor. Sections 101.82 to 101.87 of the Revised Code do not	4871
apply to the commission.	4872

(C) The commission shall meet at least once during each	4873
quarter of the calendar year or at the call of the chairperson. A	4874
majority of all members of the commission constitutes a quorum,	4875
and no action shall be taken without the concurrence of a majority	4876
of the members.	4877

(D) The commission shall administer any money that may be	4878
appropriated to it by the general assembly. The commission may use	4879
such money for research and commercialization and for any other	4880
purposes that may be designated by the commission.	4881

(E) The ~~department of~~ development services agency shall	4882
provide office space and facilities for the commission.	4883
Administrative costs associated with the operation of the	4884
commission or with any program or activity administered by the	4885
commission shall be paid from amounts appropriated to the	4886
commission or to the ~~department of development~~agency for such	4887
purposes.	4888

(F) The attorney general shall serve as the legal	4889
representative for the commission and may appoint other counsel as	4890
necessary for that purpose in accordance with section 109.07 of	4891
the Revised Code.	4892

(G) Members of the commission shall serve without	4893
compensation, but shall receive their reasonable and necessary	4894
expenses incurred in the conduct of commission business.	4895

(H) Members of the commission shall file financial disclosure	4896
statements described in division (B) of section 102.02 of the	4897
Revised Code.	4898

Sec. 184.011. As used in this chapter, "department of	4899
development" means the development services agency and "director	4900
of development" means the director of development services.	4901

Sec. 187.01. As used in this chapter, "JobsOhio" means the	4902
nonprofit corporation formed under this section, and includes any	4903
subsidiary of that corporation. In any section of law that refers	4904
to the nonprofit corporation formed under this section, reference	4905
to the corporation includes reference to any such subsidiary	4906
unless otherwise specified or clearly appearing from the context.	4907

The governor is hereby authorized to form a nonprofit	4908
corporation, to be named "JobsOhio," with the purposes of	4909
promoting economic development, job creation, job retention, job	4910
training, and the recruitment of business to this state. Except as	4911
otherwise provided in this chapter, the corporation shall be	4912
organized and operated in accordance with Chapter 1702. of the	4913
Revised Code. The governor shall sign and file articles of	4914
incorporation for the corporation with the secretary of state. The	4915
legal existence of the corporation shall begin upon the filing of	4916
the articles.	4917

In addition to meeting the requirements for articles of	4918
incorporation in Chapter 1702. of the Revised Code, the articles	4919
of incorporation for the nonprofit corporation shall set forth the	4920
following:	4921

(A) The designation of the name of the corporation as	4922
JobsOhio;	4923

(B) The creation of a board of directors consisting of nine	4924
directors, to be appointed by the governor, who satisfy the	4925
qualifications prescribed by section 187.02 of the Revised Code;	4926

(C) A requirement that the governor make initial appointments	4927
to the board within sixty days after the filing of the articles of	4928
incorporation. Of the initial appointments made to the board, two	4929
shall be for a term ending one year after the date the articles	4930
were filed, two shall be for a term ending two years after the	4931
date the articles were filed, and five shall be for a term ending	4932
four years after the date the articles were filed. The articles	4933
shall state that, following the initial appointments, the governor	4934
shall appoint directors to terms of office of four years, with	4935
each term of office ending on the same day of the same month as	4936
did the term that it succeeds. If any director dies, resigns, or	4937
the director's status changes such that any of the requirements of	4938
division (C) of section 187.02 of the Revised Code are no longer	4939
met, that director's seat on the board shall become immediately	4940
vacant. The governor shall forthwith fill the vacancy by	4941
appointment for the remainder of the term of office of the vacated	4942
seat.	4943

(D) A requirement that the governor appoint one director to	4944
be chairperson of the board and procedures for electing directors	4945
to serve as officers of the corporation and members of an	4946
executive committee;	4947

(E) A provision for the appointment of a chief investment	4948
officer of the corporation by the recommendation of the board and	4949
approval of the governor. The chief investment officer shall serve	4950
at the pleasure of the board and shall have the power to execute	4951
contracts, spend corporation funds, and hire employees on behalf	4952
of the corporation. If the position of chief investment officer	4953
becomes vacant for any reason, the vacancy shall be filled in the	4954
same manner as provided in this division.	4955

(F) Provisions requiring the board to do all of the	4956
following:	4957

(1) Adopt one or more resolutions providing for compensation	4958
of the chief investment officer;	4959

(2) Approve an employee compensation plan recommended by the	4960
chief investment officer;	4961

(3) Approve a contract with the director of development	4962
services for the corporation to assist the director and the	4963
~~department of~~ development services agency with providing services	4964
or otherwise carrying out the functions or duties of the	4965
~~department~~agency, including the operation and management of	4966
programs, offices, divisions, or boards, as may be determined by	4967
the director of development services in consultation with the	4968
governor;	4969

(4) Approve all major contracts for services recommended by	4970
the chief investment officer;	4971

(5) Establish an annual strategic plan and standards of	4972
measure to be used in evaluating the corporation's success in	4973
executing the plan;	4974

(6) Establish a conflicts of interest policy that, at a	4975
minimum, complies with section 187.06 of the Revised Code;	4976

(7) Hold a minimum of four board of directors meetings per	4977
year at which a quorum of the board is physically present, and	4978
such other meetings, at which directors' physical presence is not	4979
required, as may be necessary. Meetings at which a quorum of the	4980
board is required to be physically present are subject to	4981
divisions (C), (D), and (E) of section 187.03 of the Revised Code.	4982

(8) Establish a records retention policy and present the	4983
policy, and any subsequent changes to the policy, at a meeting of	4984
the board of directors at which a quorum of the board is required	4985
to be physically present pursuant to division (F)(7) of this	4986
section;	4987

(9) Adopt standards of conduct for the directors.

4988

(G) A statement that directors shall not receive any	4989
compensation from the corporation, except that directors may be	4990
reimbursed for actual and necessary expenses incurred in	4991
connection with services performed for the corporation;	4992

(H) A provision authorizing the board to amend provisions of	4993
the corporation's articles of incorporation or regulations, except	4994
provisions required by this chapter;	4995

(I) Procedures by which the corporation would be dissolved	4996
and by which all corporation rights and assets would be	4997
distributed to the state or to another corporation organized under	4998
this chapter. These procedures shall incorporate any separate	4999
procedures subsequently set forth in this chapter for the	5000
dissolution of the corporation. The articles shall state that no	5001
dissolution shall take effect until the corporation has made	5002
adequate provision for the payment of any outstanding bonds,	5003
notes, or other obligations.	5004

(J) A provision establishing an audit committee to be	5005
comprised of directors. The articles shall require that the audit	5006
committee hire an independent certified public accountant to	5007
perform a financial audit of the corporation at least once every	5008
year.	5009

(K) A provision authorizing a majority of the disinterested	5010
directors to remove a director for misconduct, as that term may be	5011
defined in the articles or regulations of the corporation. The	5012
removal of a director under this division creates a vacancy on the	5013
board that the governor shall fill by appointment for the	5014
remainder of the term of office of the vacated seat.	5015

Sec. 187.03. (A) JobsOhio may perform such functions as	5016
permitted and shall perform such duties as prescribed by law and	5017
as set forth in any contract entered into under section 187.04 of	5018
the Revised Code, but shall not be considered a state or public	5019
department, agency, office, body, institution, or instrumentality	5020
for purposes of section 1.60 or Chapter 102., 121., 125., or 149.	5021
of the Revised Code. JobsOhio and its board of directors are not	5022
subject to the following sections of Chapter 1702. of the Revised	5023
Code: sections 1702.03, 1702.08, 1702.09, 1702.21, 1702.24,	5024
1702.26, 1702.27, 1702.28, 1702.29, 1702.301, 1702.33, 1702.34,	5025
1702.37, 1702.38, 1702.40 to 1702.52, 1702.521, 1702.54, 1702.57,	5026
1702.58, 1702.59, 1702.60, 1702.80, and 1702.99. Nothing in this	5027
division shall be construed to impair the powers and duties of the	5028
Ohio ethics commission described in section 102.06 of the Revised	5029
Code to investigate and enforce section 102.02 of the Revised Code	5030
with regard to individuals required to file statements under	5031
division (B)(2) of this section.	5032

(B)(1) Directors and employees of JobsOhio are not employees	5033
or officials of the state and, except as provided in division	5034
(B)(2) of this section, are not subject to Chapter 102., 124.,	5035
145., or 4117. of the Revised Code.	5036

(2) The chief investment officer, any other officer or	5037
employee with significant administrative, supervisory,	5038
contracting, or investment authority, and any director of JobsOhio	5039
shall file, with the Ohio ethics commission, a financial	5040
disclosure statement pursuant to section 102.02 of the Revised	5041
Code that includes, in place of the information required by	5042
divisions (A)(2), (7), (8), and (9) of that section, the	5043
information required by divisions (A) and (B) of section 102.022	5044
of the Revised Code. The governor shall comply with all applicable	5045
requirements of section 102.02 of the Revised Code.	5046

(3) Actual or in-kind expenditures for the travel, meals, or	5047
lodging of the governor or of any public official or employee	5048
designated by the governor for the purpose of this division shall	5049
not be considered a violation of section 102.03 of the Revised	5050
Code if the expenditures are made by the corporation, or on behalf	5051
of the corporation by any person, in connection with the	5052
governor's performance of official duties related to JobsOhio. The	5053
governor may designate any person, including a person who is a	5054
public official or employee as defined in section 102.01 of the	5055
Revised Code, for the purpose of this division if such	5056
expenditures are made on behalf of the person in connection with	5057
the governor's performance of official duties related to JobsOhio.	5058
A public official or employee so designated by the governor shall	5059
comply with all applicable requirements of section 102.02 of the	5060
Revised Code.	5061

At the times and frequency agreed to under division (B)(2)(b)	5062
of section 187.04 of the Revised Code, beginning in 2012, the	5063
corporation shall file with the ~~department of~~ development services	5064
agency a written report of all such expenditures paid or incurred	5065
during the preceding calendar year. The report shall state the	5066
dollar value and purpose of each expenditure, the date of each	5067
expenditure, the name of the person that paid or incurred each	5068
expenditure, and the location, if any, where services or benefits	5069
of an expenditure were received, provided that any such	5070
information that may disclose proprietary information as defined	5071
in division (C) of this section shall not be included in the	5072
report.	5073

(4) The prohibition applicable to former public officials or	5074
employees in division (A)(1) of section 102.03 of the Revised Code	5075
does not apply to any person appointed to be a director or hired	5076
as an employee of JobsOhio.	5077

(5) Notwithstanding division (A)(2) of section 145.01 of the	5078
Revised Code, any person who is a former state employee shall no	5079
longer be considered a public employee for purposes of Chapter	5080
145. of the Revised Code upon commencement of employment with	5081
JobsOhio.	5082

(6) Any director, officer, or employee of JobsOhio may	5083
request an advisory opinion from the Ohio ethics commission with	5084
regard to questions concerning the provisions of sections 102.02	5085
and 102.022 of the Revised Code to which the person is subject.	5086

(C) Meetings of the board of directors at which a quorum of	5087
the board is required to be physically present pursuant to	5088
division (F) of section 187.01 of the Revised Code shall be open	5089
to the public except, by a majority vote of the directors present	5090
at the meeting, such a meeting may be closed to the public only	5091
for one or more of the following purposes:	5092

(1) To consider business strategy of the corporation;

5093

(2) To consider proprietary information belonging to	5094
potential applicants or potential recipients of business	5095
recruitment, retention, or creation incentives. For the purposes	5096
of this division, "proprietary information" means marketing plans,	5097
specific business strategy, production techniques and trade	5098
secrets, financial projections, or personal financial statements	5099
of applicants or members of the applicants' immediate family,	5100
including, but not limited to, tax records or other similar	5101
information not open to the public inspection.	5102

(3) To consider legal matters, including litigation, in which	5103
the corporation is or may be involved;	5104

(4) To consider personnel matters related to an individual	5105
employee of the corporation.	5106

(D) The board of directors shall establish a reasonable	5107
method whereby any person may obtain the time and place of all	5108
public meetings described in division (C) of this section. The	5109
method shall provide that any person, upon request and payment of	5110
a reasonable fee, may obtain reasonable advance notification of	5111
all such meetings.	5112

(E) The board of directors shall promptly prepare, file, and	5113
maintain minutes of all public meetings described in division (C)	5114
of this section.	5115

(F) Not later than March 1, 2012, and the first day of March	5116
of each year thereafter, the chief investment officer of JobsOhio	5117
shall prepare and submit a report of the corporation's activities	5118
for the preceding year to the governor, the speaker and minority	5119
leader of the house of representatives, and the president and	5120
minority leader of the senate. The annual report shall include the	5121
following:	5122

(1) An analysis of the state's economy;

5123

(2) A description of the structure, operation, and financial	5124
status of the corporation;	5125

(3) A description of the corporation's strategy to improve	5126
the state economy and the standards of measure used to evaluate	5127
its progress;	5128

(4) An evaluation of the performance of current strategies	5129
and major initiatives;	5130

(5) An analysis of any statutory or administrative barriers	5131
to successful economic development, business recruitment, and job	5132
growth in the state identified by JobsOhio during the preceding	5133
year.	5134

Sec. 187.04. (A) The director of development services, as	5135
soon as practical after ~~the effective date of this section~~	5136
February 18, 2011, shall execute a contract with JobsOhio for the	5137
corporation to assist the director and the ~~department of~~	5138
development services agency with providing services or otherwise	5139
carrying out the functions or duties of the ~~department~~agency,	5140
including the operation and management of programs, offices,	5141
divisions, or boards, as may be determined by the director in	5142
consultation with the governor. The approval or disapproval of	5143
awards involving public money shall remain functions of the	5144
~~department~~agency. All contracts for grants, loans, and tax	5145
incentives involving public money shall be between the ~~department~~	5146
agency and the recipient and shall be enforced by the ~~department~~	5147
agency. JobsOhio may not execute contracts obligating the	5148
~~department~~agency for loans, grants, tax credits, or incentive	5149
awards recommended by JobsOhio to the ~~department~~agency. Prior to	5150
execution, all contracts between the director and JobsOhio entered	5151
into under this section that obligate the agency to pay JobsOhio	5152
for services rendered are subject to controlling board approval.	5153

The term of aan initial contract entered into under this	5155
section shall not extend beyond June 30, 2013. Thereafter, the	5156
director and JobsOhio may renew the contract for subsequent fiscal	5157
biennia, but at no time shall a particular contract be effective	5158
for longer than a fiscal biennium of the general assembly~~, but~~	5159
~~may be renewed or amended by the parties~~.	5160

JobsOhio's provision of services to the agency as described	5161
in this section shall be pursuant to a contract entered into under	5162
this section. If at any time the director determines that the	5163
contract with JobsOhio may not be renewed for the subsequent	5164
fiscal biennium, the director shall notify JobsOhio of the	5165
director's decision not later than one hundred twenty days prior	5166
to the end of the current fiscal biennium. If the director does	5167
not provide such written notice to JobsOhio prior to one hundred	5168
days before the end of the current fiscal biennium, the contract	5169
shall be renewed upon such terms as the parties may agree, subject	5170
to the requirements of this section.	5171

(B) A contract entered into under this section shall include	5172
all of the following:	5173

(1) Terms assigning to the corporation the duties of advising	5174
and assisting the director ~~of development~~ in the director's	5175
evaluation of the ~~department~~agency and the formulation of	5176
recommendations under section 187.05 of the Revised Code;	5177

(2) Terms designating records created or received by JobsOhio	5178
that shall be made available to the public under the same	5179
conditions as are public records under section 149.43 of the	5180
Revised Code. Documents designated to be made available to the	5181
public pursuant to the contract shall be kept on file with the	5182
~~department of development~~agency.	5183

Among records to be designated under this division shall be	5184
the following:	5185

(a) The corporation's federal income tax returns;

5186

(b) The report of expenditures described in division (B)(3)	5187
of section 187.03 of the Revised Code. The records shall be filed	5188
with the ~~department~~agency at such times and frequency as agreed	5189
to by the corporation and the ~~department~~agency, which shall not	5190
be less frequently than quarterly.	5191

(c) The annual total compensation paid to each officer and	5192
employee of the corporation;	5193

(d) A copy of the audit report for each financial audit of	5194
the corporation performed by an independent certified public	5195
accountant pursuant to division (J) of section 187.01 of the	5196
Revised Code.	5197

(e) Records of any fully executed incentive proposals, to be	5198
filed annually;	5199

(f) Records pertaining to the monitoring of commitments made	5200
by incentive recipients, to be filed annually;	5201

(g) A copy of the minutes of all public meetings described in	5202
division (C) of section 187.03 of the Revised Code not otherwise	5203
closed to the public.	5204

(3) The following statement acknowledging that JobsOhio is	5205
not acting as an agent of the state:	5206

"JobsOhio shall have no power or authority to bind the state	5207
or to assume or create an obligation or responsibility, expressed	5208
or implied, on behalf of the state or in its name, nor shall	5209
JobsOhio represent to any person that it has any such power or	5210
authority, except as expressly provided in this contract."	5211

(C) (1) Records created ~~or received~~ by JobsOhio are not public	5212
records for the purposes of ~~section 149.43~~Chapter 149. of the	5213
Revised Code, regardless of who may have custody of the records,	5214
unless the record is designated to be available to the public by	5215
the contract under division (B)(2) of this section.	5216

(2) Records received by JobsOhio from any person or entity	5217
that is not subject to section 149.43 of the Revised Code are not	5218
public records for purposes of Chapter 149. of the Revised Code,	5219
regardless of who may have custody of the records, unless the	5220
record is designated to be available to the public by the contract	5221
under division (B)(2) of this section.	5222

(3) Records received by JobsOhio from a public office as	5223
defined in section 149.011 of the Revised Code that are not public	5224
records under section 149.43 of the Revised Code when in the	5225
custody of the public office are not public records for the	5226
purposes of section 149.43 of the Revised Code when in the custody	5227
of JobsOhio.	5228

(D) Any contract executed under authority of this section	5229
shall not negate, impair, or otherwise adversely affect the	5230
obligation of this state to pay debt charges on securities	5231
executed by the director ~~of development~~ or issued by the treasurer	5232
of state, Ohio public facilities commission, or any other issuing	5233
authority under Chapter 122., 151., 165., or 166. of the Revised	5234
Code to fund economic development programs of the state, or to	5235
abide by any pledge or covenant relating to the payment of those	5236
debt charges made in any related proceedings. As used in this	5237
division, "debt charges," "proceedings," and "securities" have the	5238
same meanings as in section 133.01 of the Revised Code.	5239

(E) Nothing in this section, other than the requirement of	5240
controlling board approval, shall prohibit the ~~department~~agency	5241
from contracting with JobsOhio to perform any of the following	5242
functions:	5243

(1) Promoting and advocating for the state;

5244

(2) Making recommendations to the ~~department~~agency;

5245

(3) Performing research for the ~~department~~agency;

5246

(4) Establishing and managing programs or offices on behalf	5247
of the ~~department~~agency, by contract;	5248

(5) Negotiating on behalf of the state.

5249

(F) Nothing in this section, other than the requirement of	5250
controlling board approval, shall prohibit the ~~department~~agency	5251
from compensating JobsOhio from funds currently appropriated to	5252
the ~~department~~agency to perform the functions described in	5253
division (E) of this section.	5254

Sec. 187.05. The director of development services, as soon	5255
as practical after ~~the effective date of this section~~February 18,	5256
2011, shall, in consultation with the governor, evaluate all	5257
powers, functions, and duties of the ~~department~~development	5258
services agency. Within six months after ~~that effective date~~	5259
February 18, 2011, the director shall submit a report to the	5260
general assembly recommending statutory changes necessary to	5261
improve the functioning and efficiency of the ~~department~~agency	5262
and to transfer specified powers, functions, and duties of the	5263
~~department~~agency to other existing agencies of the state or to	5264
JobsOhio, or eliminate specified powers, functions, or duties. The	5265
recommendations shall be submitted in writing to the speaker and	5266
minority leader of the house of representatives and the president	5267
and minority leader of the senate.	5268

After submitting the report, the director, in consultation	5269
with the governor, shall continue to evaluate the ~~department~~	5270
agency and make additional recommendations on such matters to the	5271
general assembly.	5272

Sec. 187.061. (A) Each officer and employee of JobsOhio	5273
shall do all of the following:	5274

(1) Sign an ethical conduct statement prescribed by the board	5275
of directors of JobsOhio;	5276

(2) Complete an annual course or program of study on ethics.	5277
The course or program of study shall be reviewed and approved by	5278
the board of directors.	5279

(3) Comply with the gift policy prescribed by the board of	5280
directors.	5281

(B) Prior to the renewal of the contract between the director	5282
of development services and JobsOhio as described in section	5283
187.04 of the Revised Code, the board of directors shall submit to	5284
the controlling board a comprehensive review of the ethics	5285
policies and procedures that have been adopted by JobsOhio.	5286

Sec. 929.03. (A)(1) No public entity with authority to levy	5287
special assessments on real property shall collect an assessment	5288
for purposes of sewer, water, or electrical service on real	5289
property that is within an agricultural district as described in	5290
division (A)(2) of this section without the permission of the	5291
owner, except that any assessment may be collected on a lot	5292
surrounding a dwelling or other structure not used in agricultural	5293
production that does not exceed one acre or the minimum area	5294
required by local zoning or subdivision rules, whichever is the	5295
greater area.	5296

(2) For purposes of division (A)(1) of this section, an	5297
agricultural district is such a district that is established:	5298

(a) In the case of counties, prior to the adoption of a	5299
resolution of necessity by a board of county commissioners,	5300
pursuant to section 6103.05 or 6117.06 of the Revised Code;	5301

(b) In the case of municipal corporations, prior to whichever	5302
of the following occurs first:	5303

(i) The adoption of the resolution of necessity by the	5304
municipal legislative authority, pursuant to section 727.12 or	5305
729.02 of the Revised Code;	5306

(ii) The service of notice on all or some of the owners to be	5307
assessed pursuant to section 729.06 of the Revised Code;	5308

(iii) The adoption of the resolution or ordinance by the	5309
municipal legislative authority declaring the necessity for the	5310
improvement, the costs of which are to be assessed under	5311
procedures authorized by a municipal charter adopted pursuant to	5312
Section 7 of Article XVIII, Ohio Constitution, or, if no such	5313
ordinance or resolution is required under the charter, the service	5314
of the first notice on all or some of the owners of lands to be	5315
assessed, or the adoption of the first ordinance or resolution by	5316
the municipal legislative authority pertaining to the assessment	5317
proceedings under the charter.	5318

(c) In the case of a regional water and sewer district	5319
established pursuant to Chapter 6119. of the Revised Code, prior	5320
to the adoption of a resolution of necessity by the board of	5321
trustees of the district under section 6119.25 of the Revised	5322
Code.	5323

(B) For each special assessment levied by a public entity on	5324
real property within an agricultural district for purposes of	5325
sewer, water, or electrical service, the county auditor shall make	5326
and maintain a list showing:	5327

(1) The name of the owner of each lot, tract, or parcel of	5328
land that is exempt from the collection of the special assessment	5329
under this section;	5330

(2) A description of the exempt land;

5331

(3) The purpose of the special assessment;

5332

(4) The amount of the uncollected assessment on the exempt	5333
land.	5334

In the case of a county project constructed under Chapter	5335
6103. or 6117. of the Revised Code, the county auditor may use a	5336
list provided for in those chapters in lieu of the list required	5337
by division (B) of this section. The auditor shall also record in	5338
the water works record required by section 6103.16 of the Revised	5339
Code or the sewer improvement record required by section 6117.33	5340
of the Revised Code those assessments not collected under this	5341
section. The recording of the assessments does not permit the	5342
collection of the assessments until such time as exempt lands are	5343
withdrawn from agricultural districts or converted to	5344
nonagricultural use.	5345

(C) If at any time any of the owner's exempt land, other than	5346
a lot sold or transferred to a son, daughter, brother, sister,	5347
mother, or father for the purpose of constructing a dwelling in	5348
which the relative will reside for at least three years, is	5349
withdrawn from an agricultural district or if the owner of the	5350
exempt land uses on that land the service for which the special	5351
assessment was assessed, the public entity may collect the entire	5352
uncollected assessment, except as otherwise provided in this	5353
division, in addition to an amount equal to the rate of interest	5354
that any bonds or notes issued for the project for which the	5355
assessment was made did bear for the number of years the land was	5356
exempted, not to exceed twenty-five or the number of years for	5357
which the bonds or notes were issued, whichever is the lesser	5358
number. The owner shall notify the county auditor of any	5359
withdrawal from a district or use of the service within ninety	5360
days following the withdrawal or use of the service. The charge	5361
shall constitute a lien of the public entity upon the land and	5362
shall continue until discharged. All liens shall be recorded in	5363
the appropriate county recorder's office. Moneys collected as a	5364
result of the charge shall be deposited in the appropriate fund of	5365
the public entity that levied the special assessment.	5366

If the owner of exempt land sells or transfers a lot to ~~his~~	5367
the owner's son, daughter, brother, sister, mother, or father for	5368
the purpose of constructing a dwelling in which the relative will	5369
reside for at least three years, and if the owner or the buyer of	5370
the lot uses the service for which the special assessment was	5371
assessed only to provide service to that lot, the owner of the lot	5372
shall pay only that portion of the uncollected assessment and	5373
interest that applies to the lot.	5374

If at any time any part of an owner's exempt land is	5375
appropriated, the owner shall pay only that portion of the	5376
uncollected assessment and interest that applies to the	5377
appropriated parcel of land.	5378

In lieu of immediate payment of the uncollected assessment	5379
and interest, the board of county commissioners, legislative	5380
authority of a municipal corporation, or other governing board of	5381
any other public entity may, upon the request of the owner,	5382
establish an extended repayment schedule for the owner. If the	5383
board, legislative authority, or other governing board establishes	5384
such a schedule, it shall notify the county auditor of the	5385
schedule.	5386

~~(D) A board of county commissioners, legislative authority of~~	5387
~~a municipal corporation, or other governing board of any other~~	5388
~~public entity may apply to the water and sewer commission, created~~	5389
~~by division (C) of section 1525.11 of the Revised Code, for an~~	5390
~~advance of moneys from the water and sewer fund, created by~~	5391
~~division (A) of section 1525.11 of the Revised Code, in an amount~~	5392
~~equal to that portion of the costs of a water or sewer improvement~~	5393
~~authorized by law that is to be financed by assessments whose~~	5394
~~collection is prohibited under division (A) of this section. The~~	5395
~~application for such an advance of moneys shall be made in the~~	5396
~~manner prescribed by rules of the commission. Upon collection of~~	5397
~~any assessment whose collection was prohibited under division (A)~~	5398
~~of this section, the board of county commissioners, legislative~~	5399
~~authority, or other governing board shall repay the commission the~~	5400
~~amount of any moneys advanced by it in regard to the assessments.~~	5401

Sec. 1551.01. As used in this chapter:

5402

(A) "Governmental agency" means the United States government	5403
or any department, agency, or instrumentality thereof; any	5404
department, agency, or instrumentality of a state government; any	5405
municipal corporation, county, township, board of education, or	5406
other political subdivision or any other body corporate and	5407
politic of a state; or any agency, commission, or authority	5408
established under an interstate compact or agreement.	5409

(B) "Energy resource development facility" means any energy	5410
resource development, research, or conservation facility,	5411
including pilot as well as demonstration facilities, and including	5412
undivided or other interests therein, acquired or to be acquired,	5413
or constructed or to be constructed under this chapter or Chapter	5414
6121. or 6123. of the Revised Code, or acquired or to be acquired,	5415
or constructed or to be constructed by a governmental agency or	5416
person with all or a part of the cost thereof being paid from a	5417
loan or grant under such chapters, including all buildings and	5418
facilities that the director of development services determines	5419
necessary for the operation of the facility, together with all	5420
property, rights, easements, and interests that may be required	5421
for the operation of the facility, which facilities may include:	5422

(1) Any building, testing facility, testing device, or	5423
support facilities which would provide experimental,	5424
demonstration, or testing capabilities or services not otherwise	5425
available in this state and which are necessary for the	5426
accomplishment of the purposes of this chapter;	5427

(2) Any method, process, structure, or equipment that is used	5428
to store coal, oil, natural gas, fuel for nuclear reactors, or any	5429
other form of energy;	5430

(3) Any method, process, structure, or equipment that is used	5431
to recover or convert coal, oil, natural gas, steam, or other form	5432
of energy from property located within the state for the purpose	5433
of supplying energy for utilization;	5434

(4) Any method, process, structure, or equipment that is	5435
designed to result in more efficient recovery, conversion, or	5436
utilization of energy resources within the state, including any	5437
scrap tire recovery facility for which a registration certificate	5438
or permit has been issued under section 3734.78 of the Revised	5439
Code;	5440

(5) Any improvement that is designed to improve the thermal	5441
efficiency of a building or structure or reduce the fuel or power	5442
needed to heat, cool, light, ventilate, or provide hot water in a	5443
building or structure;	5444

(6) Any improvement designed to enable the substitution of	5445
coal or alternate fuel, other than natural gas, for natural gas or	5446
a petroleum fuel, or the conversion of coal to other fuels;	5447

(7) Any improvement designed to enable the combustion of high	5448
sulfur coal in compliance with air or water pollution control or	5449
solid waste disposal laws, including, but not limited to, any	5450
facility for processing coal to remove sulfur before combustion of	5451
the coal, for fluidized bed combustion, or for removal of the	5452
sulfur before the products of combustion are emitted or	5453
discharged.	5454

(C) "Cost" as applied to an energy resource development	5455
facility means the cost of acquisition and construction, the cost	5456
of acquisition of all land, rights-of-way, property rights,	5457
easements, franchise rights, and interests required for such	5458
acquisition and construction, the cost of demolishing or removing	5459
any buildings or structures on land so acquired, including the	5460
cost of acquiring any lands to which such buildings or structures	5461
may be moved, the cost of acquiring or constructing and equipping	5462
a principal office and sub-offices of the department of	5463
development, the cost of diverting highways, interchange of	5464
highways, access roads to private property, including the cost of	5465
land or easements for such access roads, the cost of public	5466
utility and common carrier relocation or duplication, the cost of	5467
all machinery, furnishings, and equipment, financing charges,	5468
interest prior to and during construction and for no more than	5469
eighteen months after completion of construction, engineering,	5470
expenses of research and development with respect to the facility,	5471
legal expenses, plans, specifications, surveys, studies, estimates	5472
of cost and revenues, working capital, other expenses necessary or	5473
incident to determining the feasibility or practicability of	5474
acquiring or constructing such facility, administrative expense,	5475
and such other expense as may be necessary or incident to the	5476
acquisition or construction of the facility, the financing of such	5477
acquisition or construction, including the amount authorized in	5478
the resolution of the Ohio water development authority providing	5479
for the issuance of energy resource development revenue bonds to	5480
be paid into any special funds from the proceeds of such bonds,	5481
and the financing of the placing of such facility in operation.	5482
Any obligation, cost, or expense incurred after August 26, 1975,	5483
by any governmental agency or person for surveys, borings,	5484
preparation of plans and specifications, and other engineering	5485
services, or any other cost described above, in connection with	5486
the acquisition or construction of a facility may be regarded as a	5487
part of the cost of such facility and may be reimbursed out of the	5488
proceeds of energy resource development revenue bonds.	5489

(D) "Revenues" means all rentals and other charges received	5490
by the Ohio water development authority for the use or services of	5491
any energy resource development facility, any contract, gift, or	5492
grant received with respect to any energy resource development	5493
facility, and moneys received with respect to the lease, sublease,	5494
sale, including installment sale or conditional sale, or other	5495
disposition of an energy resource development facility, moneys	5496
received in repayment of and for interest on any loans made by the	5497
authority to a person or governmental agency, whether from the	5498
United States or any department, administration, or agency	5499
thereof, or otherwise, proceeds of energy resource development	5500
revenue bonds to the extent that the use thereof for payment of	5501
principal of, premium, if any, or interest on the bonds is	5502
authorized by the authority, proceeds from any insurance,	5503
condemnation, or guaranty pertaining to a facility or property	5504
mortgaged to secure bonds or pertaining to the financing of a	5505
facility, and income and profit from the investment of the	5506
proceeds of energy resource development revenue bonds or of any	5507
revenues.	5508

(E) "Construction," unless the context indicates a different	5509
meaning or intent, includes construction, reconstruction,	5510
enlargement, improvement, or providing furnishings or equipment.	5511

(F) "Energy resource development revenue bonds," unless the	5512
context indicates a different meaning or intent, includes energy	5513
resource development revenue bonds, energy resource development	5514
revenue notes, and energy resource development revenue refunding	5515
bonds.	5516

(G) "Energy" means work or heat that is, or can be, produced	5517
from any fuel or source whatsoever.	5518

(H) "Energy audit" means any process by which energy usage or	5519
costs of heating, cooling, lighting, and climate control in a	5520
building or structure are determined.	5521

(I) "Energy conservation" means preservation of energy	5522
resources by efficient utilization, and reduction of waste.	5523

(J) "Energy conservation measure" means any modification of a	5524
building, structure, machine, appliance, vehicle, improvement, or	5525
process in order to improve its efficiency of energy use or energy	5526
costs.	5527

(K) "Fuel" means petroleum, crude oil, petroleum product,	5528
coal, natural gas, synthetic natural or artificial gas, nuclear,	5529
or other substance used primarily for its energy content.	5530

(L) "Net energy analysis" means the determination of the	5531
amount of energy remaining after all energy outputs have been	5532
subtracted from the energy inputs of a given system.	5533

(M) "Department of development" means the development	5534
services agency and "director of development" means the director	5535
of development services.	5536

Sec. 3735.01. As used in this chapter, "department of	5537
development" means the development services agency and "director	5538
of development" means the director of development services.	5539

Sec. 3735.672. (A) On or before the thirty-first day of	5540
March each year, a legislative authority that has entered into an	5541
agreement with a party under section 3735.671 of the Revised Code	5542
shall submit to the director of development services and the board	5543
of education of each school district of which a municipal	5544
corporation or township to which such an agreement applies is a	5545
part a report on all such agreements in effect during the	5546
preceding calendar year. The report shall include the following	5547
information:	5548

(1) The designation, assigned by the director of development	5549
services, of each community reinvestment area within the municipal	5550
corporation or county, and the total population of each area	5551
according to the most recent data available;	5552

(2) The number of agreements and the number of full-time	5553
employees subject to those agreements within each area, each	5554
according to the most recent data available and identified and	5555
categorized by the appropriate standard industrial code, and the	5556
rate of unemployment in the municipal corporation or county in	5557
which the area is located for each year since the area was	5558
certified;	5559

(3) The number of agreements approved and executed during the	5560
calendar year for which the report is submitted, the total number	5561
of agreements in effect on the thirty-first day of December of the	5562
preceding calendar year, the number of agreements that expired	5563
during the calendar year for which the report is submitted, and	5564
the number of agreements scheduled to expire during the calendar	5565
year in which the report is submitted. For each agreement that	5566
expired during the calendar year for which the report is	5567
submitted, the legislative authority shall include the amount of	5568
taxes exempted under the agreement.	5569

(4) The number of agreements receiving compliance reviews by	5570
the tax incentive review council in the municipal corporation or	5571
county during the calendar year for which the report is submitted,	5572
including all of the following information:	5573

(a) The number of agreements the terms of which the party has	5574
complied with, indicating separately for each such agreement the	5575
value of the real property exempted pursuant to the agreement and	5576
a comparison of the stipulated and actual schedules for hiring new	5577
employees, for retaining existing employees, and for the amount of	5578
payroll of the party attributable to these employees;	5579

(b) The number of agreements the terms of which a party has	5580
failed to comply with, indicating separately for each such	5581
agreement the value of the real and personal property exempted	5582
pursuant to the agreement and a comparison of the stipulated and	5583
actual schedules for hiring new employees, for retaining existing	5584
employees, and for the amount of payroll of the enterprise	5585
attributable to these employees;	5586

(c) The number of agreements about which the tax incentive	5587
review council made recommendations to the legislative authority,	5588
and the number of such recommendations that have not been	5589
followed;	5590

(d) The number of agreements rescinded during the calendar	5591
year for which the report is submitted.	5592

(5) The number of parties subject to agreements that expanded	5593
within each area, including the number of new employees hired and	5594
existing employees retained by that party, and the number of new	5595
parties subject to agreements that established within each area,	5596
including the number of new employees hired by each party;	5597

(6) For each agreement in effect during any part of the	5598
preceding year, the number of employees employed by the party at	5599
the property that is the subject of the agreement immediately	5600
prior to formal approval of the agreement, the number of employees	5601
employed by the party at that property on the thirty-first day of	5602
December of the preceding year, the payroll of the party for the	5603
preceding year, the amount of taxes paid on real property that was	5604
exempted under the agreement, and the amount of such taxes that	5605
were not paid because of the exemption.	5606

(B) Upon the failure of a municipal corporation or county to	5607
comply with division (A) of this section:	5608

(1) Beginning on the first day of April of the calendar year	5609
in which the municipal corporation or county fails to comply with	5610
that division, the municipal corporation or county shall not enter	5611
into any agreements under section 3735.671 of the Revised Code	5612
until the municipal corporation or county has complied with	5613
division (A) of this section.	5614

(2) On the first day of each ensuing calendar month until the	5615
municipal corporation or county complies with that division, the	5616
director of development services shall either order the proper	5617
county auditor to deduct from the next succeeding payment of taxes	5618
to the municipal corporation or county under section 321.31,	5619
321.32, 321.33, or 321.34 of the Revised Code an amount equal to	5620
five hundred dollars for each calendar month the municipal	5621
corporation or county fails to comply with that division, or order	5622
the county auditor to deduct such an amount from the next	5623
succeeding payment to the municipal corporation or county from the	5624
undivided local government fund under section 5747.51 of the	5625
Revised Code. At the time such a payment is made, the county	5626
auditor shall comply with the director's order by issuing a	5627
warrant, drawn on the fund from which such money would have been	5628
paid, to the director of development services, who shall deposit	5629
the warrant into the state community reinvestment area program	5630
administration fund created in division (C) of this section.	5631

(C) The director, by rule, shall establish the state's	5632
application fee for applications submitted to a municipal	5633
corporation or county to enter into an agreement under section	5634
3735.671 of the Revised Code. In establishing the amount of the	5635
fee, the director shall consider the state's cost of administering	5636
the community reinvestment area program, including the cost of	5637
reviewing the reports required under division (A) of this section.	5638
The director may change the amount of the fee at such times and in	5639
such increments as the director considers necessary. Any municipal	5640
corporation or county that receives an application shall collect	5641
the application fee and remit the fee for deposit in the state	5642
treasury to the credit of the ~~tax incentive programs operating~~	5643
business assistance fund created in section 122.174 of the Revised	5644
Code.	5645

Sec. 3746.35. (A) Not later than September 1, 1996, and not	5646
later than the first day of September of each subsequent year, the	5647
director of environmental protection shall prepare and submit to	5648
the chairpersons of the respective standing committees of the	5649
senate and house of representatives primarily responsible for	5650
considering environmental and taxation matters a report regarding	5651
the voluntary action program established under this chapter and	5652
rules adopted under it and the tax abatements granted pursuant to	5653
sections 5709.87 and 5709.88 of the Revised Code for properties	5654
where voluntary actions were conducted. Each annual report shall	5655
include, without limitation, all of the following:	5656

(1) Both of the following for each property for which a	5657
covenant not to sue was issued under section 3746.12 of the	5658
Revised Code during the preceding calendar year:	5659

(a) The address of the property and name of the person who	5660
undertook the voluntary action at the property;	5661

(b) Whether the applicable standards governing the voluntary	5662
action were the interim standards established in section 3746.07	5663
of the Revised Code or the generic numerical clean-up standards	5664
established in rules adopted under division (B)(1) of section	5665
3746.04 of the Revised Code, were established through the	5666
performance of a risk assessment pursuant to rules adopted under	5667
division (B)(2) of section 3746.04 of the Revised Code, or were	5668
set forth in a variance issued under section 3746.09 of the	5669
Revised Code.	5670

(2) All of the following for each property for which a	5671
variance was issued under section 3746.09 of the Revised Code	5672
during the preceding calendar year:	5673

(a) The address of the property and the name of the person to	5674
whom the variance was issued;	5675

(b) A summary of the alternative standards and terms and	5676
conditions of the variance and brief description of the	5677
improvement in environmental conditions at the property that is	5678
anticipated to result from compliance with the alternative	5679
standards and terms and conditions set forth in the variance;	5680

(c) A brief description of the economic benefits to the	5681
person to whom the variance was issued and the community in which	5682
the property is located that are anticipated to result from the	5683
undertaking of the voluntary action in compliance with the	5684
alternative standards and terms and conditions set forth in the	5685
variance.	5686

(3) The number of audits performed under section 3746.17 of	5687
the Revised Code during the preceding calendar year and, in	5688
connection with each of them, at least the following information:	5689

(a) The address of the property in connection with which the	5690
audit was performed and the name of the person who undertook the	5691
voluntary action at the property;	5692

(b) An indication as to whether the audit was a random audit	5693
or was conducted in accordance with the priorities established in	5694
rules adopted under divisions (A)(9)(a) to (f) of section 3746.04	5695
of the Revised Code and, if the audit was conducted in accordance	5696
with those priorities, an indication as to which of them resulted	5697
in the selection of the voluntary action for an audit;	5698

(c) A brief summary of the findings of the audit and any	5699
action taken by the environmental protection agency as a result of	5700
those findings.	5701

(4) The number of covenants not to sue revoked during the	5702
preceding calendar year through the operation of divisions	5703
(A)(2)(c) and (B) of section 3746.12, division (B)(2) of section	5704
3746.18, and division (B) of section 3746.19 of the Revised Code	5705
and for each property for which a covenant was revoked, at least	5706
both of the following:	5707

(a) The address of the property affected by the revocation	5708
and name of the person who undertook the voluntary action at the	5709
property;	5710

(b) The reason for the revocation.

5711

(5) The amount of money credited to the voluntary action	5712
administration fund created in section 3746.16 of the Revised Code	5713
during the preceding fiscal year from the fees established in	5714
divisions (D) and (H) of section 3746.07 and division (C) of	5715
section 3746.13 of the Revised Code and from civil penalties	5716
imposed under section 3746.22 of the Revised Code. The report	5717
shall indicate the amount of money that arose from each of the	5718
fees and from the civil penalties. The report also shall include	5719
the amount of money expended from the fund during the preceding	5720
fiscal year by program category, including, without limitation,	5721
the amount expended for conducting audits under section 3746.17 of	5722
the Revised Code during the preceding fiscal year.	5723

(6) For each property that is receiving a tax abatement under	5724
section 5709.87 of the Revised Code for the preceding tax year,	5725
the amount of the valuation exempted from real property taxation	5726
for that tax year under that section. In order to comply with	5727
division (A)(6) of this section, the director shall include in the	5728
annual report the report required ~~to be provided to the director~~	5729
~~by the director of development~~ under division (B)(2) of this	5730
section. ~~The sole responsibility of the director of environmental~~	5731
~~protection regarding the report provided to the director under~~	5732
~~that division is to include it in the annual report prepared under~~	5733
~~division (A) of this section.~~	5734

(7) For each property that is receiving a tax abatement	5735
pursuant to an agreement with a municipal corporation or county	5736
entered into under section 5709.88 of the Revised Code, the amount	5737
of the valuation exempted from real or personal property taxation.	5738
In order to comply with division (A)(7) of this section, the	5739
director shall include in the annual report the report required to	5740
~~be provided to the director by the director of development~~ under	5741
division (C) of this section. ~~The sole responsibility of the~~	5742
~~director of environmental protection regarding the report provided~~	5743
~~to the director under that division is to include it in the annual~~	5744
~~report prepared under division (A) of this section.~~	5745

(B)(1) Not later than March 31, 1996, the county auditor of	5746
each county in which is located any property that is receiving a	5747
tax abatement under section 5709.87 of the Revised Code shall	5748
report to the director of ~~development~~environmental protection for	5749
each such property both of the following as applicable to tax year	5750
1995:	5751

(a) The address of the property and the name of the owner as	5752
stated in the records of the county auditor of the county in which	5753
the property is located;	5754

(b) The amount of the valuation of the property that was	5755
exempted from real property taxation under that section.	5756

Not later than the thirty-first day of March of each	5757
subsequent year, each such county auditor shall report the	5758
information described in those divisions to the director of	5759
~~development~~environmental protection for each property within the	5760
county that is receiving a tax abatement under that section for	5761
the preceding tax year.	5762

(2) Not later than July 1, 1996, and not later than the first	5763
day of July of each subsequent year, the director of ~~development~~	5764
environmental protection shall compile the information provided to	5765
the director under division (B)(1) of this section applicable to	5766
the preceding tax year into a report covering all of the counties	5767
in the state in which are located properties receiving a tax	5768
abatement under section 5709.87 of the Revised Code for the	5769
preceding tax year ~~and shall forward the report to the director of~~	5770
~~environmental protection. The sole responsibility of the director~~	5771
~~of development in preparing the report is to compile the~~	5772
~~information submitted to the director by the county auditors under~~	5773
~~division (B)(1) of this section~~.	5774

(C) Not later than July 1, 1996, and not later than the first	5775
day of July of each subsequent year, the director of ~~development~~	5776
environmental protection shall compile the information provided to	5777
the director by municipal corporations and counties under division	5778
(A) of section 5709.882 of the Revised Code applicable to the	5779
preceding calendar year into a report covering, by county, all of	5780
the municipal corporations and counties in this state in which are	5781
located properties receiving a tax abatement pursuant to an	5782
agreement entered into under section 5709.88 of the Revised Code	5783
~~and shall forward the report to the director of environmental~~	5784
~~protection. The sole responsibility of the director of development~~	5785
~~in preparing the report is to compile the information submitted to~~	5786
~~him by municipal corporations and counties under division (A) of~~	5787
~~section 5709.882 of the Revised Code~~.	5788

Sec. 5117.22. All petroleum violation escrow funds received	5789
by this state from the federal government shall be deposited in	5790
the state treasury to the credit of the energy oil overcharge	5791
fund, which is hereby created. The fund shall be used by the	5792
~~department of~~ development services agency for energy conservation	5793
and assistance programs approved by the United States department	5794
of energy. All investment earnings of the fund shall be credited	5795
to the fund.	5796

Sec. 5701.15. As used in Title LVII of the Revised Code,	5797
"department of development" means the development services agency	5798
and "director of development" means the director of development	5799
services.	5800

Sec. 5709.68. (A) On or before the thirty-first day of March	5801
each year, a municipal corporation or county that has entered into	5802
an agreement with an enterprise under section 5709.62, 5709.63, or	5803
5709.632 of the Revised Code shall submit to the director of	5804
development services and the board of education of each school	5805
district of which a municipal corporation or township to which	5806
such an agreement applies is a part a report on all of those	5807
agreements in effect during the preceding calendar year. The	5808
report shall include all of the following information:	5809

(1) The designation, assigned by the director of development	5810
services, of each urban jobs and enterprise zone within the	5811
municipal corporation or county, the date each zone was certified,	5812
the name of each municipal corporation or township within each	5813
zone, and the total population of each zone according to the most	5814
recent data available;	5815

(2) The number of enterprises that are subject to those	5816
agreements and the number of full-time employees subject to those	5817
agreements within each zone, each according to the most recent	5818
data available and identified and categorized by the appropriate	5819
standard industrial code, and the rate of unemployment in the	5820
municipal corporation or county in which the zone is located for	5821
each year since each zone was certified;	5822

(3) The number of agreements approved and executed during the	5823
calendar year for which the report is submitted, the total number	5824
of agreements in effect on the thirty-first day of December of the	5825
preceding calendar year, the number of agreements that expired	5826
during the calendar year for which the report is submitted, and	5827
the number of agreements scheduled to expire during the calendar	5828
year in which the report is submitted. For each agreement that	5829
expired during the calendar year for which the report is	5830
submitted, the municipal corporation or county shall include the	5831
amount of taxes exempted and the estimated dollar value of any	5832
other incentives provided under the agreement.	5833

(4) The number of agreements receiving compliance reviews by	5834
the tax incentive review council in the municipal corporation or	5835
county during the calendar year for which the report is submitted,	5836
including all of the following information:	5837

(a) The number of agreements the terms of which an enterprise	5838
has complied with, indicating separately for each agreement the	5839
value of the real and personal property exempted pursuant to the	5840
agreement and a comparison of the stipulated and actual schedules	5841
for hiring new employees, for retaining existing employees, for	5842
the amount of payroll of the enterprise attributable to these	5843
employees, and for investing in establishing, expanding,	5844
renovating, or occupying a facility;	5845

(b) The number of agreements the terms of which an enterprise	5846
has failed to comply with, indicating separately for each	5847
agreement the value of the real and personal property exempted	5848
pursuant to the agreement and a comparison of the stipulated and	5849
actual schedules for hiring new employees, for retaining existing	5850
employees, for the amount of payroll of the enterprise	5851
attributable to these employees, and for investing in	5852
establishing, expanding, renovating, or occupying a facility;	5853

(c) The number of agreements about which the tax incentive	5854
review council made recommendations to the legislative authority	5855
of the municipal corporation or county, and the number of those	5856
recommendations that have not been followed;	5857

(d) The number of agreements rescinded during the calendar	5858
year for which the report is submitted.	5859

(5) The number of enterprises that are subject to agreements	5860
that expanded within each zone, including the number of new	5861
employees hired and existing employees retained by each	5862
enterprise, and the number of new enterprises that are subject to	5863
agreements and that established within each zone, including the	5864
number of new employees hired by each enterprise;	5865

(6)(a) The number of enterprises that are subject to	5866
agreements and that closed or reduced employment at any place of	5867
business within the state for the primary purpose of establishing,	5868
expanding, renovating, or occupying a facility, indicating	5869
separately for each enterprise the political subdivision in which	5870
the enterprise closed or reduced employment at a place of business	5871
and the number of full-time employees transferred and retained by	5872
each such place of business;	5873

(b) The number of enterprises that are subject to agreements	5874
and that closed or reduced employment at any place of business	5875
outside the state for the primary purpose of establishing,	5876
expanding, renovating, or occupying a facility.	5877

(7) For each agreement in effect during any part of the	5878
preceding year, the number of employees employed by the enterprise	5879
at the project site immediately prior to formal approval of the	5880
agreement, the number of employees employed by the enterprise at	5881
the project site on the thirty-first day of December of the	5882
preceding year, the payroll of the enterprise for the preceding	5883
year, the amount of taxes paid on tangible personal property	5884
situated at the project site and the amount of those taxes that	5885
were not paid because of the exemption granted under the	5886
agreement, and the amount of taxes paid on real property	5887
constituting the project site and the amount of those taxes that	5888
were not paid because of the exemption granted under the	5889
agreement. If an agreement was entered into under section 5709.632	5890
of the Revised Code with an enterprise described in division	5891
(B)(2) of that section, the report shall include the number of	5892
employee positions at all of the enterprise's locations in this	5893
state. If an agreement is conditioned on a waiver issued under	5894
division (B) of section 5709.633 of the Revised Code on the basis	5895
of the circumstance described in division (B)(3)(a) or (b) of that	5896
section, the report shall include the number of employees at the	5897
facilities referred to in division (B)(3)(a)(i) or (b)(i) of that	5898
section, respectively.	5899

(B) Upon the failure of a municipal corporation or county to	5900
comply with division (A) of this section:	5901

(1) Beginning on the first day of April of the calendar year	5902
in which the municipal corporation or county fails to comply with	5903
that division, the municipal corporation or county shall not enter	5904
into any agreements with an enterprise under section 5709.62,	5905
5709.63, or 5709.632 of the Revised Code until the municipal	5906
corporation or county has complied with division (A) of this	5907
section.	5908

(2) On the first day of each ensuing calendar month until the	5909
municipal corporation or county complies with division (A) of this	5910
section, the director of development services shall either order	5911
the proper county auditor to deduct from the next succeeding	5912
payment of taxes to the municipal corporation or county under	5913
section 321.31, 321.32, 321.33, or 321.34 of the Revised Code an	5914
amount equal to one thousand dollars for each calendar month the	5915
municipal corporation or county fails to comply with that	5916
division, or order the county auditor to deduct that amount from	5917
the next succeeding payment to the municipal corporation or county	5918
from the undivided local government fund under section 5747.51 of	5919
the Revised Code. At the time such a payment is made, the county	5920
auditor shall comply with the director's order by issuing a	5921
warrant, drawn on the fund from which the money would have been	5922
paid, to the director of development services, who shall deposit	5923
the warrant into the state enterprise zone program administration	5924
fund created in division (C) of this section.	5925

(C) The director, by rule, shall establish the state's	5926
application fee for applications submitted to a municipal	5927
corporation or county to enter into an agreement under section	5928
5709.62, 5709.63, or 5709.632 of the Revised Code. In establishing	5929
the amount of the fee, the director shall consider the state's	5930
cost of administering the enterprise zone program, including the	5931
cost of reviewing the reports required under division (A) of this	5932
section. The director may change the amount of the fee at the	5933
times and in the increments the director considers necessary. Any	5934
municipal corporation or county that receives an application shall	5935
collect the application fee and remit the fee for deposit in the	5936
state treasury to the credit of the ~~tax incentive programs~~	5937
~~operating~~business assistance fund created in section 122.174 of	5938
the Revised Code.	5939

(D) On or before the thirtieth day of June each year, the	5940
director of development services shall certify to the tax	5941
commissioner the information described under division (A)(7) of	5942
this section, derived from the reports submitted to the director	5943
under this section.	5944

On the basis of the information certified under this	5945
division, the tax commissioner annually shall submit a report to	5946
the governor, the speaker of the house of representatives, the	5947
president of the senate, and the chairpersons of the ways and	5948
means committees of the respective houses of the general assembly,	5949
indicating for each enterprise zone the amount of state and local	5950
taxes that were not required to be paid because of exemptions	5951
granted under agreements entered into under section 5709.62,	5952
5709.63, or 5709.632 of the Revised Code and the amount of	5953
additional taxes paid from the payroll of new employees.	5954

Sec. 5709.882. (A) On or before the thirty-first day of	5955
March each year, a municipal corporation or county that has	5956
entered into an agreement with an enterprise under section 5709.88	5957
of the Revised Code shall submit to the ~~director~~directors of	5958
development services and environmental protection and the board of	5959
education of each school district of which a municipal corporation	5960
or county to which such an agreement applies is a part a report on	5961
all such agreements in effect during the preceding calendar year.	5962
The report shall include all of the following information:	5963

(1) The number of enterprises that are subject to such	5964
agreements and the number of full-time employees subject to those	5965
agreements in the county or municipal corporation;	5966

(2) The number of agreements approved and executed during the	5967
calendar year for which the report is submitted, the total number	5968
of agreements in effect on the thirty-first day of December of the	5969
preceding calendar year, the number of agreements that expired	5970
during the calendar year for which the report is submitted, and	5971
the number of agreements scheduled to expire during the calendar	5972
year in which the report is submitted. For each agreement that	5973
expired during the calendar year for which the report is	5974
submitted, the municipal corporation or county shall include the	5975
amount of taxes exempted and the estimated dollar value of any	5976
other incentives provided under the agreement.	5977

(3) The number of agreements receiving compliance reviews by	5978
the tax incentive review council in the municipal corporation or	5979
county under section 5709.883 of the Revised Code during the	5980
calendar year for which the report is submitted, including all of	5981
the following information:	5982

(a) The number of agreements the terms of which an enterprise	5983
has complied with, indicating separately for each such agreement	5984
the value of the real and personal property exempted pursuant to	5985
the agreement and a comparison of the stipulated and actual	5986
schedules for hiring new employees, for retaining existing	5987
employees, for the amount of payroll of the enterprise	5988
attributable to these employees, and for remediating and investing	5989
in establishing, expanding, renovating, or occupying a facility;	5990

(b) The number of agreements the terms of which an enterprise	5991
has failed to comply with, indicating separately for each such	5992
agreement the value of the real and personal property exempted	5993
pursuant to the agreement and a comparison of the stipulated and	5994
actual schedules for hiring new employees, for retaining existing	5995
employees, for the amount of payroll of the enterprise	5996
attributable to these employees, and for remediating and investing	5997
in establishing, expanding, renovating, or occupying a facility;	5998

(c) The number of agreements about which the tax incentive	5999
review council made recommendations to the legislative authority	6000
of the municipal corporation or county, and the number of such	6001
recommendations that have not been followed;	6002

(d) The number of agreements rescinded during the calendar	6003
year for which the report is submitted.	6004

(4) The number of enterprises that are subject to agreements	6005
and the number of new employees hired and existing employees	6006
retained by each such enterprise;	6007

(5)(a) The number of enterprises that are subject to	6008
agreements and that closed or reduced employment at any place of	6009
business within the state for the primary purpose of remediating	6010
and establishing, expanding, renovating, or occupying a facility,	6011
indicating separately for each such enterprise the political	6012
subdivision in which the enterprise closed or reduced employment	6013
at a place of business and the number of full-time employees	6014
transferred and retained by each such place of business;	6015

(b) The number of enterprises that are subject to agreements	6016
and that closed or reduced employment at any place of business	6017
outside the state for the primary purpose of remediating and	6018
establishing, expanding, renovating, or occupying a facility.	6019

(B) Upon the failure of a municipal corporation or county to	6020
comply with division (A) of this section, both of the following	6021
apply:	6022

(1) Beginning on the first day of April of the calendar year	6023
in which the municipal corporation or county fails to comply with	6024
that division, the municipal corporation or county shall not enter	6025
into any agreements with an enterprise under section 5709.88 of	6026
the Revised Code until the municipal corporation or county has	6027
complied with division (A) of this section;	6028

(2) On the first day of each ensuing calendar month until the	6029
municipal corporation or county complies with that division, the	6030
director of development services shall either order the proper	6031
county auditor to deduct from the next succeeding payment of taxes	6032
to the municipal corporation or county under section 321.31,	6033
321.32, 321.33, or 321.34 of the Revised Code an amount equal to	6034
five hundred dollars for each calendar month the municipal	6035
corporation or county fails to comply with that division, or order	6036
the county auditor to deduct such an amount from the next	6037
succeeding payment to the municipal corporation or county from the	6038
undivided local government fund under section 5747.51 of the	6039
Revised Code. At the time such a payment is made, the county	6040
auditor shall comply with the director's order by issuing a	6041
warrant, drawn on the fund from which such money would have been	6042
paid, to the director of development services, who shall deposit	6043
the warrant into the contaminated sites development program	6044
administration fund created in division (C) of this section.	6045

(C) The director, by rule, shall establish the state's	6046
application fee for applications submitted to a municipal	6047
corporation or county to enter into an agreement under section	6048
5709.88 of the Revised Code. In establishing the amount of the	6049
fee, the director shall consider the state's cost of administering	6050
this section and section 5709.88 of the Revised Code. The director	6051
may change the amount of the fee at such times and in such	6052
increments as hethe director considers necessary. Any municipal	6053
corporation or county that receives an application shall collect	6054
the application fee and remit the fee for deposit in the state	6055
treasury to the credit of the contaminated sites development	6056
program administration fund, which is hereby created. Money	6057
credited to the fund shall be used by the ~~department of~~	6058
development services agency to pay the costs of administering this	6059
section and section 5709.88 of the Revised Code.	6060

Sec. 6103.052. (A) ~~A board of county commissioners may apply~~	6061
~~to the water and sewer commission, created by division (C) of~~	6062
~~section 1525.11 of the Revised Code, for an advance of moneys from~~	6063
~~the water and sewer fund, created by division (A) of section~~	6064
~~1525.11 of the Revised Code, in an amount equal to that portion of~~	6065
~~the costs of an improvement authorized under sections 6103.02 to~~	6066
~~6103.30 of the Revised Code which is to be financed by assessments~~	6067
~~whose collection is deferred pursuant to division (B) of this~~	6068
~~section. The application for such an advance of moneys shall be~~	6069
~~made in the manner prescribed by rules of the commission.~~	6070

~~(B)~~ At any time prior to the expiration of the five-day	6071
period provided by section 6103.05 of the Revised Code for the	6072
filing of written objections, any owner of property which is	6073
classified on the general tax list of the county auditor as	6074
agricultural land and has been assessed for the extension of a	6075
main water line over or along such property under sections 6103.02	6076
to 6103.30 of the Revised Code may file with the board of county	6077
commissioners a request in writing for deferment of the collection	6078
of ~~his~~the owner's assessment if the main water line ~~serves a~~	6079
~~purpose set forth in section 1525.13 of the Revised Code for which~~	6080
~~the water and sewer fund may be used~~provides water facilities to	6081
aid in the establishment of new industrial plants, the expansion	6082
of existing industrial plants, or such other industrial	6083
development, or provides water facilities to aid in the	6084
establishment of commercial and residential developments. Such	6085
request shall identify the property in connection with which the	6086
request for deferment is made, shall describe its present use and	6087
present classification on the general tax list of the county	6088
auditor, shall state its estimated market value, showing	6089
separately the value of the land and the value of the buildings	6090
thereon, shall state the reasons, if any, why a portion of the	6091
benefit of the improvement will not be realized until the use of	6092
the land is changed, and shall state the amount to be deferred.	6093
The board shall promptly consider such request and may order the	6094
deferment of the collection of that portion of the assessment	6095
representing a benefit from the improvement that will not be	6096
realized until the use of the land is changed. The board may, upon	6097
request of an owner whose property has been assessed for the	6098
extension of a main water line over or along such property under	6099
sections 6103.02 to 6103.31 of the Revised Code, defer all or any	6100
part of the assessment on property which is classified on the	6101
general tax list of the county auditor as agricultural land, by	6102
attributing the amount of such assessment or part thereof as	6103
tap-in charges, if the main water line ~~serves a purpose set forth~~	6104
~~in section 1525.13 of the Revised Code for which the water and~~	6105
~~sewer fund may be used. A deferment under this section may be~~	6106
~~conditioned upon the approval of the advance of moneys applied for~~	6107
~~pursuant to division (A) of this section, and a maximum length of~~	6108
~~the deferment may be fixed to coincide with the maximum time~~	6109
~~within which the advance must be repaid. The decision on the~~	6110
~~request for deferment of collection of assessments shall be made~~	6111
~~pursuant to standards established by rules of the commission~~	6112
provides water facilities to aid in the establishment of new	6113
industrial plants, the expansion of existing industrial plants, or	6114
such other industrial development, or provides water facilities to	6115
aid in the establishment of commercial and residential	6116
developments. Upon determination and approval of final	6117
assessments, the board of county commissioners shall certify all	6118
deferred assessments and a fee equal to ~~any fee paid by the board~~	6119
~~to the commission pursuant to division (C) of section 1525.12 of~~	6120
~~the Revised Code attributable to the~~two per cent of the amount of	6121
the deferred assessments to the county auditor. For purposes of	6122
this section, "assessment," "deferred assessment," or "assessment	6123
deferred under this section" mean the fee and the deferred	6124
assessment certified to the county auditor. The county auditor	6125
shall record an assessment deferred under this section in the	6126
water works record. Such record shall be kept until such time as	6127
the assessments are paid in full or certified for collection in	6128
installments as provided in this section. During the time when the	6129
assessment is deferred there shall be a lien on the property	6130
assessed, which lien shall arise at the time of recordation by the	6131
county auditor and shall be in force until the assessments are	6132
paid in full or certified for collection in installments.	6133

~~(C)~~(B) The board of county commissioners shall defer the	6134
collection of an assessment, except the amount of such assessment	6135
or part thereof attributable as tap-in charges, which has been	6136
deferred pursuant to division ~~(B)~~(A) of this section on or before	6137
January 1, 1987, beyond the expiration of the maximum time for the	6138
original deferment if the property owner requests in writing, no	6139
later than six months prior to the expiration of the original	6140
deferment, that the assessment be further deferred and as long as	6141
the property owner's land could qualify for placement in an	6142
agricultural district pursuant to section 929.02 of the Revised	6143
Code.	6144

The board shall regularly review the use and ownership of the	6145
property for which the collection of assessments has been deferred	6146
pursuant to this division, and upon finding that the land could no	6147
longer qualify for placement in an agricultural district pursuant	6148
to section 929.02 of the Revised Code, the board shall immediately	6149
collect, without interest, the full amount of the assessment	6150
deferred ~~and repay the commission the amount of any moneys~~	6151
~~advanced by it in regard to such assessment. The board shall pay~~	6152
~~all such amounts to the commission in one annual payment or longer~~	6153
~~period as approved by the commission. The board shall pay, from~~	6154
~~the general funds of the county, interest annually at the interest~~	6155
~~rate per annum equal to that rate of interest published as the~~	6156
~~20-bond index rate in "The Bond Buyer" minus four per cent per~~	6157
~~annum or at five per cent per annum, whichever is greater, for any~~	6158
~~moneys not repaid to the commission pursuant to this division~~	6159
~~within one year of the date of the disqualification of the~~	6160
~~property for the continual deferment which requires such~~	6161
~~repayment. The interest rate for any moneys not repaid to the~~	6162
~~commission shall be calculated one year from the date of the~~	6163
~~disqualification of the property for the continual deferment which~~	6164
~~requires such repayment, and annually thereafter~~.	6165

~~(D)~~(C) The board of county commissioners shall send a notice	6166
by regular or certified mail to all owners of property on which	6167
assessments have been deferred pursuant to division ~~(B)~~(A) of this	6168
section, which lists the expiration of the deferment, not later	6169
than two hundred ten days prior to the expiration of the deferment	6170
of those assessments.	6171

~~(E)~~(D) The board shall collect the assessments, without	6172
interest, which have been deferred pursuant to division ~~(B)~~(A) of	6173
this section upon expiration of the maximum time for which	6174
deferments were made ~~and repay the commission the amount of any~~	6175
~~moneys advanced by it in regard to such assessments~~; provided,	6176
that for a property owner who requests in writing, no later than	6177
six months prior to the expiration of the deferment period, that	6178
payment of ~~his~~the owner's deferred assessments be in	6179
installments, the board of county commissioners upon expiration of	6180
the deferment period may by resolution further certify for	6181
collection pursuant to section 6103.16 of the Revised Code, such	6182
deferred assessments in installments over not more than twenty	6183
years, as determined by the board, together with interest thereon	6184
each year on the unpaid balance at the same rate borne by bonds of	6185
the county which shall be issued in anticipation thereof as	6186
provided in Chapter 133. of the Revised Code~~, and the proceeds of~~	6187
~~the bond issue used to repay such deferred assessments to the~~	6188
~~commission~~.	6189

Assessments which have been deferred by attribution as tap-in	6190
charges under division ~~(B)~~(A) of this section shall be collected	6191
as deferred assessments at that time. ~~As the board collects tap-in~~	6192
~~charges which are deferred assessments under division (B) of this~~	6193
~~section, it shall repay the commission the amount thereof which~~	6194
~~was advanced by it in regard to such assessments.~~ An owner of	6195
property for which assessments have been deferred under division	6196
~~(B)~~(A) of this section, in requesting a tap-in may, subject to the	6197
approval of the board, designate a part of an entire assessed	6198
tract as the part which the tap-in is to serve, and the board	6199
shall collect the deferred assessment on that tract in the	6200
proportion that the part bears to the entire tract, on a front	6201
foot or other basis approved by the commission, but if in the	6202
judgment of the board the tap-in is reasonably intended to serve	6203
the entire tract or substantially all of the tract, it shall	6204
collect the deferred assessment for the entire tract.	6205

Prior to the expiration of the maximum time of deferment, the	6206
board shall regularly review the use of the property for which the	6207
collection of assessments has been deferred and upon finding,	6208
~~pursuant to the rules of the commission,~~ that the use of the land	6209
has changed from the use at the time of the deferment so that the	6210
benefit of the improvement can then be realized, the board shall	6211
immediately collect the full amount of the assessment for the	6212
portion of the property for which the use has so changed, without	6213
interest~~, and repay the commission the amount of any moneys~~	6214
~~advanced by it in regard to such assessment. The board shall pay~~	6215
~~all such amounts to the commission in one annual payment or longer~~	6216
~~period as approved by the commission. The board of county~~	6217
~~commissioners shall pay, from the general funds of the county,~~	6218
~~interest annually at the interest rate per annum equal to that~~	6219
~~rate of interest published as the 20-bond index rate in "The Bond~~	6220
~~Buyer" minus four per cent per annum or at five per cent per~~	6221
~~annum, whichever is greater, for any moneys not repaid to the~~	6222
~~commission pursuant to this division within one year of the date~~	6223
~~of the change in the use of property requiring such repayment, or~~	6224
~~of the date upon which payment of a tap-in charge is required by~~	6225
~~law to be made, whichever date is applicable. The interest rate~~	6226
~~for any moneys not repaid to the commission shall be calculated~~	6227
~~one year from the date of the change in the use of property~~	6228
~~requiring such repayment or from the date upon which payment of a~~	6229
~~tap-in charge is required by law to be made, whichever date is~~	6230
~~applicable, and annually thereafter~~.	6231

Sec. 6117.062. (A) ~~A board of county commissioners may apply~~	6232
~~to the water and sewer commission, created by division (C) of~~	6233
~~section 1525.11 of the Revised Code, for an advance of moneys from~~	6234
~~the water and sewer fund, created by division (A) of section~~	6235
~~1525.11 of the Revised Code, in an amount equal to that portion of~~	6236
~~the costs of an improvement authorized under sections 6117.01 to~~	6237
~~6117.45 of the Revised Code which is to be financed by assessments~~	6238
~~whose collection is deferred pursuant to division (B) of this~~	6239
~~section. The application for such an advance of moneys shall be~~	6240
~~made in the manner prescribed by rules of the commission.~~	6241

~~(B)~~ At any time prior to the expiration of the five-day	6242
period provided by section 6117.06 of the Revised Code for the	6243
filing of written objections, any owner of property which is	6244
classified on the general tax list of the county auditor as	6245
agricultural land and has been assessed for the extension of a	6246
trunk sewer line over or along such property under sections	6247
6117.01 to 6117.45 of the Revised Code may file with the board of	6248
county commissioners a request in writing for deferment of the	6249
collection of ~~his~~the assessment if the trunk sewer line ~~serves a~~	6250
~~purpose, as set forth in section 1525.13 of the Revised Code, for~~	6251
~~which the fund may be used~~provides sewer facilities to aid in the	6252
establishment of new industrial plants, the expansion of existing	6253
industrial plants, or such other industrial development, or	6254
provides sewer facilities to aid in the establishment of	6255
commercial and residential developments. Such request shall	6256
identify the property in connection with which the request for	6257
deferment is made, shall describe its present use and present	6258
classification on the general tax list of the county auditor,	6259
shall state its estimated market value, showing separately the	6260
value of the land and the value of the buildings thereon, shall	6261
state the reasons, if any, why a portion of the benefit of the	6262
improvement will not be realized until the use of the land is	6263
changed, and shall state the amount to be deferred. The board	6264
shall promptly consider such request and may order the deferment	6265
of the collection of that portion of the assessment representing a	6266
benefit from the improvement which will not be realized until the	6267
use of the land is changed. The board may, upon request of an	6268
owner whose property has been assessed for the extension of a	6269
trunk sewer line over or along such property under sections	6270
6117.01 to 6117.45 of the Revised Code, defer all or any part of	6271
the assessment on property which is classified on the general tax	6272
list as agricultural land, by attributing the amount of such	6273
assessment or part thereof as tap-in charges, if the trunk sewer	6274
line ~~serves a purpose set forth in section 1525.13 of the Revised~~	6275
~~Code for which the fund may be used. A deferment under this~~	6276
~~section may be conditioned upon the approval of the advance of~~	6277
~~moneys applied for pursuant to division (A) of this section, and a~~	6278
~~maximum length of the deferment may be fixed to coincide with the~~	6279
~~maximum time within which the advance must be repaid. The decision~~	6280
~~on the request for deferment of collection of assessments shall be~~	6281
~~made pursuant to standards established by rules of the commission~~	6282
provides sewer facilities to aid in the establishment of new	6283
industrial plants, the expansion of existing industrial plants, or	6284
such other industrial development, or provides sewer facilities to	6285
aid in the establishment of commercial and residential	6286
developments. Upon determination and approval of final	6287
assessments, the board of county commissioners shall certify all	6288
deferred assessments and a fee equal to ~~any fee paid by the board~~	6289
~~to the commission pursuant to division (C) of section 1525.12 of~~	6290
~~the Revised Code attributable to the deferred payments~~two per	6291
cent of the amount of the deferred assessments to the county	6292
auditor. For purposes of this section, "assessment," "deferred	6293
assessment," or "assessment deferred under this section" mean the	6294
fee and the deferred assessment certified to the county auditor.	6295
The county auditor shall record an assessment deferred under this	6296
section in the sewer improvement record. Such record shall be kept	6297
until such time as the assessments are paid in full or certified	6298
for collection in installments as provided in this section. During	6299
the time when the assessment is deferred there shall be a lien on	6300
the property assessed, which lien shall arise at the time of	6301
recordation by the county auditor and which shall be in force	6302
until the assessments are paid in full or certified for collection	6303
in installments.	6304

~~(C)~~(B) The board of county commissioners shall defer the	6305
collection of an assessment, except the amount of such assessment	6306
or part thereof attributable as tap-in charges, which has been	6307
deferred pursuant to division ~~(B)~~(A) of this section on or before	6308
January 1, 1987, beyond the expiration of the maximum time for the	6309
original deferment if the property owner requests in writing, no	6310
later than six months prior to the expiration of the original	6311
deferment, that the assessment be further deferred and as long as	6312
the property owner's land could qualify for placement in an	6313
agricultural district pursuant to section 929.02 of the Revised	6314
Code.	6315

The board shall regularly review the use and ownership of the	6316
property for which the collection of assessments has been deferred	6317
pursuant to this division, and upon finding that the land could no	6318
longer qualify for placement in an agricultural district pursuant	6319
to section 929.02 of the Revised Code, the board shall immediately	6320
collect, without interest, the full amount of the assessment	6321
deferred ~~and repay the commission the amount of any moneys~~	6322
~~advanced by it in regard to such assessment. The board shall pay~~	6323
~~all such amounts to the commission in one annual payment or longer~~	6324
~~period as approved by the commission. The board shall pay, from~~	6325
~~the general funds of the county, interest annually at the interest~~	6326
~~rate per annum equal to that rate of interest published as the~~	6327
~~20-bond index rate in "The Bond Buyer" minus four per cent per~~	6328
~~annum or at five per cent per annum, whichever rate is greater,~~	6329
~~for any moneys not repaid to the commission pursuant to this~~	6330
~~division within one year of the date of the disqualification of~~	6331
~~the property for the continual deferment which requires such~~	6332
~~repayment. The interest rate for any moneys not repaid to the~~	6333
~~commission shall be calculated one year from the date of the~~	6334
~~disqualification of the property for the continual deferment which~~	6335
~~requires such repayment, and annually thereafter~~.	6336

~~(D)~~(C) The board of county commissioners shall send a notice	6337
by regular or certified mail to all owners of property on which	6338
assessments have been deferred pursuant to division ~~(B)~~(A) of this	6339
section, which lists the expiration of the deferment, not later	6340
than two hundred ten days prior to the expiration of the deferment	6341
of those assessments.	6342

~~(E)~~(D) The board shall collect assessments, without interest,	6343
which have been deferred pursuant to division ~~(B)~~(A) of this	6344
section upon expiration of the maximum time for which deferments	6345
were made ~~and repay the commission the amount of any moneys~~	6346
~~advanced by it in regard to such assessments~~; provided that for a	6347
property owner who requests in writing, no later than six months	6348
prior to the expiration of the deferment period, that payment of	6349
~~his~~the deferred assessments be in installments, the board of	6350
county commissioners upon expiration of the deferment period may	6351
by resolution further certify for collection pursuant to section	6352
6117.33 of the Revised Code, such deferred assessments in	6353
installments over not more than twenty years, as determined by the	6354
board, together with interest thereon each year on the unpaid	6355
balance at the same rate borne by bonds of the county which shall	6356
be issued in anticipation thereof as provided in Chapter 133. of	6357
the Revised Code~~, and the proceeds of the bond issue used to repay~~	6358
~~such deferred assessments to the commission~~. Prior to the	6359
expiration of the maximum time of deferment, the board shall	6360
regularly review the use of the property for which the collection	6361
of assessments has been deferred and upon finding~~, pursuant to the~~	6362
~~rules of the commission,~~ that the use of the land has changed from	6363
the use at the time of the deferment so that the benefit of the	6364
improvement can then be realized, the board shall immediately	6365
collect the full amount of the assessment for the portion of the	6366
property for which the use has so changed, without interest~~, and~~	6367
~~repay the commission the amount of any moneys advanced by it in~~	6368
~~regard to such assessment. The board shall pay all such amounts to~~	6369
~~the commission in one annual payment or longer period as approved~~	6370
~~by the commission. The board shall pay, from the general funds of~~	6371
~~the county, interest annually at the interest rate per annum equal~~	6372
~~to that rate of interest published as the 20-bond index rate in~~	6373
~~"The Bond Buyer" minus four per cent per annum or at five per cent~~	6374
~~per annum, whichever is greater, for any moneys not repaid to the~~	6375
~~commission pursuant to this division within one year of the date~~	6376
~~of the change in the use of property requiring such repayment, or~~	6377
~~of the date upon which payment of a tap-in charge is required by~~	6378
~~law to be made, whichever date is applicable. The interest rate~~	6379
~~for any moneys not repaid to the commission shall be calculated~~	6380
~~one year from the date of the change in the use of property~~	6381
~~requiring such repayment or from the date upon which payment of a~~	6382
~~tap-in charge is required by law to be made, whichever date is~~	6383
~~applicable, and annually thereafter~~.	6384

Section 2. That existing sections 9.981, 102.03, 121.02,	6385
121.03, 121.22, 122.01, 122.011, 122.07, 122.071, 122.17, 122.171,	6386
122.174, 122.175, 122.39, 122.41, 122.42, 122.43, 122.44, 122.48,	6387
122.49, 122.50, 122.51, 122.52, 122.53, 122.561, 122.57, 122.60,	6388
122.601, 122.602, 122.603, 122.61, 122.62, 122.64, 122.76, 122.80,	6389
122.86, 149.43, 164.05, 164.06, 164.08, 166.01, 166.04, 166.05,	6390
166.13, 166.14, 166.18, 166.19, 166.25, 166.30, 174.01, 184.01,	6391
187.01, 187.03, 187.04, 187.05, 929.03, 1551.01, 3735.672,	6392
3746.35, 5117.22, 5709.68, 5709.882, 6103.052, and 6117.062 and	6393
sections 122.40, 1525.11, 1525.12, 1525.13, and 6111.034 of the	6394
Revised Code are hereby repealed.	6395

Section 3. In enacting this act, it is the intent of the	6396
General Assembly that changing the name of the "Department of	6397
Development" to the Development Services Agency and the name of	6398
the "Director of Development" to the Director of Development	6399
Services does not do either of the following:	6400

(A) Make substantive changes in statutory law;

6401

(B) Cause unnecessary expense. The letterhead, forms, printed	6402
materials, and signage displaying the former name of the	6403
Department may be used until they are replaced.	6404

Section 4. Upon the effective date of this act, all	6405
references to the Department of Development or Director of	6406
Development in other uncodified sections of law in Am. Sub. H.B.	6407
153 of the 129th General Assembly and Am. Sub. H.B. 114 of the	6408
129th General Assembly, shall be deemed to refer to the	6409
Development Services Agency or the Director of Development	6410
Services, respectively.	6411

Section 5. (A) There is hereby established a five-year pilot	6412
program to test a new funding mechanism for the state's travel and	6413
tourism marketing. The funding mechanism shall begin operation in	6414
fiscal year 2014 and be calculated as follows:	6415

(1)(a) Not later than the twentieth day of October of each	6416
year, starting in 2013 and ending in 2017, the Tax Commissioner	6417
shall calculate the growth in fiscal year sales tax revenue from	6418
certain defined categories that are related to tourism and certify	6419
that amount to the Director of Budget and Management.	6420

(b) Not later than the twentieth day of October of each year,	6421
starting in 2013 and ending in 2017, the Commissioner shall	6422
calculate and certify to the Director the difference, if greater	6423
than zero, between the revenue collected from the tax imposed	6424
under section 5739.02 of the Revised Code during the twelve-month	6425
period ending on the last day of the preceding June and the	6426
revenue collected during the same twelve-month period one year	6427
earlier, for all vendors classified under the industry codes	6428
identified in division (A)(2) of this section. On or before the	6429
last day of October of each year, starting in 2013 and ending in	6430
2017, the Director of Budget and Management shall transfer from	6431
the General Revenue Fund to the Tourism Fund created in section	6432
122.072 of the Revised Code the amount certified by the	6433
Commissioner under this division, except that the transfer shall	6434
not exceed ten million dollars for any fiscal year.	6435

(c) Each fiscal year, beginning in fiscal year 2015, the Tax	6436
Commissioner shall adjust the ten million annual dollar limit on	6437
transfers to the Tourism Fund. The adjustment shall be made by	6438
adding to the annual limit the product of multiplying the limit	6439
for the preceding fiscal year by the sum of one plus the	6440
percentage increase in the Consumer Price Index for all urban	6441
consumers for the Midwest region, as determined by the United	6442
States Bureau of Labor Statistics, for the twelve-month period	6443
corresponding to the preceding fiscal year. The result shall be	6444
rounded to the nearest one thousand dollars. The calculation of	6445
the percentage increase in the Consumer Price Index shall be done	6446
by taking the average index value over the twelve months of the	6447
last completed fiscal year and comparing that to the average index	6448
value over the twelve months of the immediately preceding fiscal	6449
year.	6450

(2) The following industries included in the industrial	6451
classification system used by the Tax Commissioner shall be used	6452
in the computations under division (A)(1) of this section: air	6453
transportation; water transportation; interurban and rural bus	6454
transportation; taxi service; limousine service; other transit and	6455
ground passenger transportation; scenic and sightseeing	6456
transportation; support activities for air transportation;	6457
automotive equipment rental and leasing; travel arrangement and	6458
reservation services; performing arts companies; spectator sports;	6459
independent artists, writers, and performers; museums, historical	6460
sites, and similar institutions; amusement parks and arcades;	6461
gambling industries; hotels and motels; casino hotels;	6462
bed-and-breakfast inns; other travel accommodations; recreational	6463
vehicle parks and recreational camps; full-service restaurants;	6464
limited-service eating places; drinking places (alcoholic	6465
beverages).	6466

(B) The pilot program shall terminate when the last transfer	6467
of funds made in accordance with division (A)(1)(b) of this	6468
section occurs in fiscal year 2018, specifically in October 2017.	6469
At that time, the Director of Development Services, the Director	6470
of Budget and Management, and the Tax Commissioner shall jointly	6471
review the pilot program and make recommendations to the Governor	6472
and the General Assembly on whether to make the funding mechanism	6473
permanent and, if so, whether any changes should be made to it. If	6474
the recommendation is to make the funding mechanism permanent, the	6475
Director of Development Services, the Director of Budget and	6476
Management, and the Tax Commissioner shall also study and make	6477
recommendations to the Governor and the General Assembly as to	6478
whether the Office of TourismOhio and its functions should be	6479
removed from the Development Services Agency and established as a	6480
private nonprofit corporation or a subsidiary corporation of	6481
JobsOhio.	6482

Section 6. (A) As used in this section, "federal act" means	6483
the "Small Business Liability Relief and Brownfields	6484
Revitalization Act," 115 Stat. 2356 (2002), 42 U.S.C. 9601 and	6485
9604.	6486

(B) There is hereby created in the state treasury the	6487
Brownfields Revolving Loan Fund. The Fund shall consist of all	6488
moneys received by the state from the United States Department of	6489
Environmental Protection under the federal act. The Fund shall be	6490
used to make grants and loans by the Director of Development	6491
Services.	6492

(C) The Director shall administer moneys received into the	6493
Fund and comply with all requirements imposed by the federal act	6494
in its application for, and administration of, the funds as grants	6495
and loans.	6496

(D) The Director shall establish a schedule of fees and	6497
charges payable by grant and loan recipients to the Director for	6498
the administration of this section.	6499

Section 7. That Sections 261.10.40, 261.10.70, 261.20.40,	6500
261.20.50, 261.20.60, 261.20.80, 261.20.90, 261.30.10, 261.30.20,	6501
261.30.30, 261.30.40, 261.30.60, 261.30.70, 261.30.80, 261.30.90,	6502
and 261.40.10 of Am. Sub. H.B. 153 of the 129th General Assembly	6503
be amended to read as follows:	6504

Sec. 261.10.40. ~~STRATEGIC~~ BUSINESS ~~INVESTMENT DIVISION AND~~	6505
~~REGIONAL OFFICES~~DEVELOPMENT SERVICES	6506

The foregoing appropriation item 195415, ~~Strategic~~ Business	6507
~~Investment Division and Regional Offices~~Development Services,	6508
shall be used for the operating expenses of the ~~Strategic~~ Business	6509
~~Investment~~Services Division and the regional economic development	6510
offices and for grants for cooperative economic development	6511
ventures.	6512

Sec. 261.10.70. CLEAN OHIO IMPLEMENTATION

6513

The foregoing appropriation item 195426, Clean Ohio	6514
Implementation, shall be used to fund the costs of administering	6515
the Clean Ohio Revitalization program and other urban	6516
revitalization programs that may be implemented by the ~~Department~~	6517
of Development Services Agency.	6518

Sec. 261.20.40. ~~SUPPORTIVE~~DEVELOPMENT SERVICES OPERATIONS

6519

The Director of Development Services may assess ~~divisions~~	6520
offices of the ~~department~~agency for the cost of central service	6521
operations. An assessment shall contain the characteristics of	6522
administrative ease and uniform application. A division's payments	6523
shall be credited to the Supportive Services Fund (Fund 1350)	6524
using an intrastate transfer voucher.	6525

~~ECONOMIC DEVELOPMENT CONTINGENCY~~

6526

~~The foregoing appropriation item 195677, Economic Development~~	6527
~~Contingency, may be used to award funds directly to either (1)~~	6528
~~business entities considering Ohio for expansion or new site~~	6529
~~location opportunities or (2) political subdivisions to assist~~	6530
~~with necessary costs involved in attracting a business entity. In~~	6531
~~addition, the Director of Development may award funds for~~	6532
~~alternative purposes when appropriate to satisfy an economic~~	6533
~~development opportunity or need deemed extraordinary in nature by~~	6534
~~the Director.~~	6535

~~DIRECT COST RECOVERY~~DEVELOPMENT SERVICES REIMBURSABLE	6536
EXPENDITURES	6537

The foregoing appropriation item 195636, ~~Direct Cost Recovery~~	6538
Development Services Reimbursable Expenditures, shall be used for	6539
reimbursable costs incurred by the agency. Revenues to the General	6540
Reimbursement Fund (Fund 6850) shall consist of moneys charged for	6541
administrative costs that are not central service costs.	6542

Sec. 261.20.50. HEAP WEATHERIZATION

6543

Up to fifteen per cent of the federal funds deposited to the	6544
credit of the Home Energy Assistance Block Grant Fund (Fund 3K90)	6545
may be expended from appropriation item 195614, HEAP	6546
Weatherization, to provide home weatherization services in the	6547
state as determined by the Director of Development Services. Any	6548
transfers or increases in appropriation for the foregoing	6549
appropriation items 195614, HEAP Weatherization, or 195611, Home	6550
Energy Assistance Block Grant, shall be subject to approval by the	6551
Controlling Board.	6552

Sec. 261.20.60. STATE SPECIAL PROJECTS

6553

The State Special Projects Fund (Fund 4F20), may be used for	6554
the deposit of private-sector funds from utility companies and for	6555
the deposit of other miscellaneous state funds. State moneys so	6556
deposited ~~shall~~may also be used to match federal housing grants	6557
for the homeless ~~and to market economic development opportunities~~	6558
~~in the state~~. Private-sector moneys shall be deposited for use in	6559
appropriation item 195699, Utility ~~Provided Funds~~Community	6560
Assistance, and shall be used to (1) pay the expenses of verifying	6561
the income-eligibility of HEAP applicants, (2) leverage additional	6562
federal funds, (3) fund special projects to assist ~~homeless~~	6563
~~individuals~~income-eligible veterans and families with services	6564
and energy assistance programs, (4) fund special projects to	6565
assist with the energy efficiency of households eligible to	6566
participate in the Percentage of Income Payment Plan, and (5)	6567
assist with training programs for agencies that administer	6568
low-income customer assistance programs.	6569

Sec. 261.20.80. MINORITY BUSINESS ENTERPRISE LOAN

6570

All repayments from the Minority Development Financing	6571
Advisory Board Loan Program and the Ohio Mini-Loan Guarantee	6572
Program shall be deposited in the State Treasury to the credit of	6573
the Minority Business Enterprise Loan Fund (Fund 4W10). Operating	6574
costs of administering the Minority Business Enterprise Loan Fund	6575
may be paid from the Minority Business Enterprise Loan Fund (Fund	6576
4W10).	6577

MINORITY BUSINESS BONDING FUND

6578

Notwithstanding Chapters 122., 169., and 175. of the Revised	6579
Code, the Director of Development Services may, upon the	6580
recommendation of the Minority Development Financing Advisory	6581
Board, pledge up to $10,000,000 in the fiscal year 2012-fiscal	6582
year 2013 biennium of unclaimed funds administered by the Director	6583
of Commerce and allocated to the Minority Business Bonding Program	6584
under section 169.05 of the Revised Code. The transfer of any cash	6585
by the Director of Budget and Management from the ~~Department of~~	6586
~~Commerce's~~ Unclaimed Funds Fund (Fund 5430) used by the Department	6587
of Commerce to the ~~Department of Development's~~ Minority Business	6588
Bonding Fund (Fund 4490) used by the Development Services Agency	6589
shall occur, if requested by the Director of Development Services,	6590
only if such funds are needed for payment of losses arising from	6591
the Minority Business Bonding Program, and only after proceeds of	6592
the initial transfer of $2,700,000 by the Controlling Board to the	6593
Minority Business Bonding Program has been used for that purpose.	6594
Moneys transferred by the Director of Budget and Management from	6595
the Department of Commerce for this purpose may be moneys in	6596
custodial funds held by the Treasurer of State. If expenditures	6597
are required for payment of losses arising from the Minority	6598
Business Bonding Program, such expenditures shall be made from	6599
appropriation item 195623, Minority Business Bonding Contingency	6600
in the Minority Business Bonding Fund, and such amounts are hereby	6601
appropriated.	6602

Sec. 261.20.90. ~~OHIO~~ INCUMBENT WORKFORCE TRAINING VOUCHERS

6603

(A) On July 1, 2011, or as soon as possible thereafter, the	6604
Director of Budget and Management shall transfer up to $20,000,000	6605
cash from the Economic Development Programs Fund (Fund 5JC0) used	6606
by the Board of Regents to the Ohio Incumbent Workforce Job	6607
Training Fund (Fund 5HR0) used by the ~~Department of~~ Development	6608
Services Agency.	6609

On July 1, 2012, or as soon as possible thereafter, the	6610
Director of Budget and Management shall transfer up to $30,000,000	6611
cash from the Economic Development Programs Fund (Fund 5JC0) used	6612
by the Board of Regents to the Ohio Incumbent Workforce Job	6613
Training Fund (Fund 5HR0) used by the ~~Department of~~ Development	6614
Services Agency.	6615

(B) Of the foregoing appropriation item 195526, ~~Ohio~~	6616
Incumbent Workforce ~~Job~~ Training Vouchers, up to $20,000,000 in	6617
fiscal year 2012 and up to $30,000,000 in fiscal year 2013 shall	6618
be used to support the Ohio Incumbent Workforce Training Voucher	6619
Program. The Director of Development Services and the Chief	6620
Investment Officer of JobsOhio may enter into an agreement to	6621
operate the program pursuant to the contract between the	6622
~~Department of~~ Development Services Agency and JobsOhio under	6623
section 187.04 of the Revised Code. The agreement may include a	6624
provision for granting, loaning, or transferring funds from	6625
appropriation item 195526, ~~Ohio~~ Incumbent Workforce ~~Job~~ Training	6626
Vouchers, to JobsOhio to provide training for incumbent workers.	6627

(C) Regardless of any agreement between the Director and the	6628
Chief Investment Officer under division (B) of this section, the	6629
Ohio Incumbent Workforce Training Voucher Program shall conform to	6630
guidelines for the operation of the program, including, but not	6631
limited to, the following:	6632

(1) A requirement that a training voucher under the program	6633
shall not exceed $6,000 per worker per year;	6634

(2) A provision for an employer of an eligible employee to	6635
apply for a voucher on behalf of the eligible employee;	6636

(3) A provision for an eligible employee to apply directly	6637
for a training voucher with the pre-approval of the employee's	6638
employer; and	6639

(4) A requirement that an employee participating in the	6640
program, or the employee's employer, shall pay for not less than	6641
thirty-three per cent of the training costs under the program.	6642

DEFENSE DEVELOPMENT ASSISTANCE

6643

On July 1 of each fiscal year, or as soon as possible	6644
thereafter, the Director of Budget and Management shall transfer	6645
$5,000,000 in cash from the Economic Development Projects Fund	6646
(Fund 5JC0) used by the Board of Regents to the Ohio Incumbent	6647
Workforce Job Training Fund (Fund 5HR0) used by the ~~Department of~~	6648
Development Services Agency. The transferred funds are hereby	6649
appropriated in appropriation item 195622, Defense Development	6650
Assistance.	6651

The foregoing appropriation item 195622, Defense Development	6652
Assistance, shall be used for economic development programs and	6653
the creation of new jobs to leverage and support mission gains at	6654
Department of Defense facilities in Ohio by working with future	6655
base realignment and closure activities and ongoing Department of	6656
Defense efficiency initiatives, assisting efforts to secure	6657
Department of Defense support contracts for Ohio companies,	6658
assessing and supporting regional job training and workforce	6659
development needs generated by the Department of Defense and the	6660
Ohio aerospace industry, and for expanding job training and	6661
economic development programs in human performance related	6662
initiatives. These funds shall be matched by private industry	6663
partners or the Department of Defense in an aggregate amount of	6664
$6,000,000 over the FY 2012-FY 2013 biennium.	6665

Sec. 261.30.10. ADVANCED ENERGY ~~FUND~~LOAN PROGRAMS

6666

The foregoing appropriation item 195660, Advanced Energy Loan	6667
Programs, shall be used to provide financial assistance to	6668
customers for eligible advanced energy projects for residential,	6669
commercial, and industrial business, local government, educational	6670
institution, nonprofit, and agriculture customers, and to pay for	6671
the program's administrative costs as provided in sections 4928.61	6672
to 4928.63 of the Revised Code and rules adopted by the Director	6673
of Development Services.	6674

On July 1 of each fiscal year, or as soon as possible	6675
thereafter, the Director of Budget and Management shall transfer	6676
$750,000 in cash from the Advanced Energy Fund (Fund 5M50) to the	6677
Alternative Fuel Transportation Grant Fund (Fund 5CG0).	6678

VOLUME CAP ADMINISTRATION

6679

The foregoing appropriation item 195654, Volume Cap	6680
Administration, shall be used for expenses related to the	6681
administration of the Volume Cap Program. Revenues received by the	6682
Volume Cap Administration Fund (Fund 6170) shall consist of	6683
application fees, forfeited deposits, and interest earned from the	6684
custodial account held by the Treasurer of State.	6685

Sec. 261.30.20. INNOVATION OHIO LOAN FUND

6686

The foregoing appropriation item 195664, Innovation Ohio,	6687
shall be used to provide for innovation Ohio purposes, including	6688
loan guarantees and loans under Chapter 166. and particularly	6689
sections 166.12 to 166.16 of the Revised Code.	6690

RESEARCH AND DEVELOPMENT

6691

The foregoing appropriation item 195665, Research and	6692
Development, shall be used to provide for research and development	6693
purposes, including loans, under Chapter 166. and particularly	6694
sections 166.17 to 166.21 of the Revised Code.	6695

LOGISTICS AND DISTRIBUTION INFRASTRUCTURE

6696

Appropriation item 195698, Logistics and Distribution	6697
Infrastructure, shall be used for eligible logistics and	6698
distribution infrastructure projects as defined in section 166.01	6699
of the Revised Code. Any unexpended and unencumbered portion of	6700
the appropriation item at the end of fiscal year 2011 is hereby	6701
reappropriated for the same purpose in fiscal year 2012, and any	6702
unexpended and unencumbered portion of the appropriation item at	6703
the end of fiscal year 2012 is hereby reappropriated for the same	6704
purpose in fiscal year 2013.	6705

After all encumbrances have been paid, the Director of Budget	6706
and Management shall transfer the remaining cash balance in the	6707
Logistics and Distribution Infrastructure Fund (Fund 7008) to the	6708
Facilities Establishment Fund (Fund 7037).	6709

FACILITIES ESTABLISHMENT ~~FUND~~

6710

The foregoing appropriation item 195615, Facilities	6711
Establishment (Fund 7037), shall be used for the purposes of the	6712
Facilities Establishment Fund under Chapter 166. of the Revised	6713
Code.	6714

Notwithstanding Chapter 166. of the Revised Code, an amount	6715
not to exceed $1,000,000 in cash in fiscal year 2012 may be	6716
transferred from the Facilities Establishment Fund (Fund 7037) to	6717
the ~~Economic Development Financing Operating~~Business Assistance	6718
Fund (Fund 4510). The transfer is subject to Controlling Board	6719
approval under division (B) of section 166.03 of the Revised Code.	6720

Notwithstanding Chapter 166. of the Revised Code, the	6721
Director of Budget and Management may transfer an amount not to	6722
exceed $2,500,000 in cash in each fiscal year from the Facilities	6723
Establishment Fund (Fund 7037) to the Minority Business Enterprise	6724
Loan Fund (Fund 4W10).	6725

On July 1, ~~2011~~2012, or as soon as possible thereafter, the	6726
Director of Budget and Management shall transfer the unexpended	6727
and unencumbered cash balance in the Urban Development Loans Fund	6728
(Fund 5D20) to the Facilities Establishment Fund (Fund 7037).	6729

On July 1, ~~2011~~2012, or as soon as possible thereafter, the	6730
Director of Budget and Management shall transfer the unexpended	6731
and unencumbered cash balance in the Rural Industrial Park Loan	6732
Fund (Fund 4Z60) to the Facilities Establishment Fund (Fund 7037).	6733

CAPITAL ACCESS LOAN PROGRAM

6734

The foregoing appropriation item 195628, Capital Access Loan	6735
Program, shall be used for operating, program, and administrative	6736
expenses of the program. Funds of the Capital Access Loan Program	6737
shall be used to assist participating financial institutions in	6738
making program loans to eligible businesses that face barriers in	6739
accessing working capital and obtaining fixed-asset financing.	6740

Sec. 261.30.30. CLEAN OHIO OPERATING EXPENSES

6741

The foregoing appropriation item 195663, Clean Ohio	6742
~~Operating~~Program, shall be used by the ~~Department of~~ Development	6743
Services Agency in administering Clean Ohio Revitalization Fund	6744
(Fund 7003) projects pursuant to sections 122.65 to 122.658 of the	6745
Revised Code.	6746

Sec. 261.30.40. THIRD FRONTIER OPERATING

6747

The foregoing appropriation items 195686, Third Frontier	6748
Operating, and 195620, Third Frontier Operating - Tax, shall be	6749
used for operating expenses incurred by the ~~Department of~~	6750
Development Services Agency in administering projects pursuant to	6751
sections 184.10 to 184.20 of the Revised Code. Operating expenses	6752
paid from item 195686 shall be limited to the administration of	6753
projects funded from the Third Frontier Research & Development	6754
Fund (Fund 7011) and operating expenses paid from item 195620	6755
shall be limited to the administration of projects funded from the	6756
Third Frontier Research & Development Taxable Bond Project Fund	6757
(Fund 7014).	6758

Sec. 261.30.60. JOB READY SITE ~~OPERATING~~PROGRAM

6759

The foregoing appropriation item 195688, Job Ready Site	6760
~~Operating~~Program, shall be used for operating expenses incurred	6761
by the ~~Department of~~ Development Services Agency in administering	6762
Job Ready Site Development Fund (Fund 7012) projects pursuant to	6763
sections 122.085 to 122.0820 of the Revised Code. Operating	6764
expenses include, but are not limited to, certain qualified	6765
expenses of the District Public Works Integrating Committees, as	6766
applicable, engineering review of submitted applications by the	6767
State Architect or a third-party engineering firm, audit and	6768
accountability activities, and costs associated with formal	6769
certifications verifying that site infrastructure is in place and	6770
is functional.	6771

Sec. 261.30.70. OHIO COAL DEVELOPMENT OFFICE

6772

On July 1, 2011, or as soon as possible thereafter, the	6773
Director of Budget and Management shall transfer any unexpended	6774
and unencumbered portion of appropriation item 898604, Coal	6775
Research and Development Fund, used by the Ohio Air Quality	6776
Development Authority, to a new capital appropriation item in the	6777
~~Department of~~ Development Services Agency, to be determined by the	6778
Director. The Director also shall cancel all outstanding	6779
encumbrances against appropriation item 898604, Coal Research and	6780
Development Fund, and reestablish them against the foregoing new	6781
capital appropriation item. The amounts of the transfer and the	6782
reestablished encumbrances, plus $2,283,264, are hereby	6783
appropriated for fiscal year 2012 in the foregoing new	6784
appropriation item and shall be used to provide funding for coal	6785
research and development purposes.	6786

Sec. 261.30.80. THIRD FRONTIER BIOMEDICAL RESEARCH AND	6787
COMMERCIALIZATION SUPPORT	6788

The General Assembly and the Governor recognize the role that	6789
the biomedical industry has in job creation, innovation, and	6790
economic development throughout Ohio. It is the intent of the	6791
General Assembly, the Governor, the Director of Development	6792
Services, and the Director of Budget and Management to work	6793
together in continuing to provide comprehensive state support for	6794
the biomedical industry.	6795

Sec. 261.30.90. UNCLAIMED FUNDS TRANSFER

6796

(A) Notwithstanding division (A) of section 169.05 of the	6797
Revised Code, upon the request of the Director of Budget and	6798
Management, the Director of Commerce, before June 30, 2012, shall	6799
transfer to the Job Development Initiatives Fund (Fund 5AD0) an	6800
amount not to exceed $25,000,000 in cash of the unclaimed funds	6801
that have been reported by the holders of unclaimed funds under	6802
section 169.05 of the Revised Code, regardless of the allocation	6803
of the unclaimed funds described under that section.	6804

Notwithstanding division (A) of section 169.05 of the Revised	6805
Code, upon the request of the Director of Budget and Management,	6806
the Director of Commerce, before June 30, 2013, shall transfer to	6807
the Job Development Initiatives Fund (Fund 5AD0) an amount not to	6808
exceed $~~15,000,000~~18,600,000 in cash of the unclaimed funds that	6809
have been reported by the holders of unclaimed funds under section	6810
169.05 of the Revised Code, regardless of the allocation of the	6811
unclaimed funds described under that section.	6812

(B) Notwithstanding division (A) of section 169.05 of the	6813
Revised Code, upon the request of the Director of Budget and	6814
Management, the Director of Commerce, before June 30, 2012, shall	6815
transfer to the State Special Projects Fund (Fund 4F20) an amount	6816
not to exceed $5,000,000 in cash of the unclaimed funds that have	6817
been reported by the holders of unclaimed funds under section	6818
169.05 of the Revised Code, regardless of the allocation of the	6819
unclaimed funds described under that section.	6820

Sec. 261.40.10. WORKFORCE DEVELOPMENT

6821

The Director of Development Services and the Director of Job	6822
and Family Services may enter into one or more interagency	6823
agreements between the two departments and take other actions the	6824
directors consider appropriate to further integrate workforce	6825
development into a larger economic development strategy, to	6826
implement the recommendations of the Workforce Policy Board, and	6827
to complete activities related to the transition of the	6828
administration of employment programs identified by the board.	6829
Subject to the approval of the Director of Budget and Management,	6830
the ~~Department of~~ Development Services Agency and the Department	6831
of Job and Family Services may expend moneys to support the	6832
recommendations of the Workforce Policy Board in the area of	6833
integration of employment functions as described in this paragraph	6834
and to complete implementation and transition activities from the	6835
appropriations to those departments.	6836

Section 8. That existing Sections 261.10.40, 261.10.70,	6837
261.20.40, 261.20.50, 261.20.60, 261.20.80, 261.20.90, 261.30.10,	6838
261.30.20, 261.30.30, 261.30.40, 261.30.60, 261.30.70, 261.30.80,	6839
261.30.90, and 261.40.10 of Am. Sub. H.B. 153 of the 129th General	6840
Assembly are hereby repealed.	6841

Section 9. That Sections 261.10 and 261.20.93 of Am. Sub.	6842
H.B. 153 of the 129th General Assembly, as amended by Sub. H.B.	6843
371 of the 129th General Assembly, be amended to read as follows:	6844

Sec. 261.10. DEV ~~DEPARTMENT OF~~ DEVELOPMENT SERVICES AGENCY

6845

General Revenue Fund	6846

GRF	195401	Thomas Edison Program	$	14,820,354	$	0	6847
GRF	195402	Coal ~~Development Office~~ Research Operating	$	260,983	$	261,205	6848
GRF	195404	Small Business Development	$	1,565,770	$	0	6849
GRF	195405	Minority Business Enterprise Division	$	1,118,528	$	0	6850
GRF	195407	Travel and Tourism	$	5,000,000	$	0 5,000,000	6851
GRF	195412	Rapid Outreach Grants	$	9,000,000	$	0	6852
GRF	195415	~~Strategic~~ Business ~~Investment Division and Regional Offices~~ Development Services	$	4,500,000	$	0 2,413,387	6853
GRF	195416	Governor's Office of Appalachia	$	3,700,000	$	~~3,700,000~~ 0	6854
GRF	195422	Technology Action	$	547,341	$	0	6855
GRF	195426	Clean Ohio Implementation	$	468,365	$	0 468,365	6856
GRF	195432	Global Markets	$	3,500,000	$	0	6857
GRF	195434	Industrial Training Grants	$	10,000,000	$	0	6858
GRF	195497	CDBG Operating Match	$	1,015,000	$	0 1,015,000	6859
GRF	195501	Appalachian Local Development Districts	$	391,482	$	~~391,482~~ 0	6860
GRF	195502	Appalachian Regional Commission Dues	$	195,000	$	~~195,000~~ 0	6861
~~GRF~~	~~195528~~	~~Economic Development Projects~~	$	0	$	~~26,943,518~~	6862
GRF	195532	Technology Programs and Grants	$	0	$	13,547,341	6863
GRF	195533	Business Assistance	$	0	$	5,899,465	6864
GRF	195535	Appalachia Assistance	$	0	$	4,286,482	6865
GRF	195901	Coal Research & Development General Obligation Debt Service	$	7,861,100	$	5,577,700	6866
GRF	195905	Third Frontier Research & Development General Obligation Debt Service	$	29,323,300	$	63,640,300	6867
GRF	195912	Job Ready Site Development General Obligation Debt Service	$	9,859,200	$	15,680,500	6868
TOTAL GRF General Revenue Fund			$	103,126,423	$	~~116,389,705~~ 117,789,745	6869

General Services Fund Group	6870

1350	195684	~~Supportive~~ Development Services Operations	$	11,700,000	$	11,700,000	6871
4W10	195646	Minority Business Enterprise Loan	$	2,500,000	$	2,500,000	6872
5AD0	195633	Legacy Projects	$	15,000,000	$	~~15,000,000~~ 18,600,000	6873
5AD0	195677	Economic Development Contingency	$	10,000,000	$	0	6874
5W50	195690	Travel and Tourism Cooperative Projects	$	50,000	$	50,000	6875
6850	195636	~~Direct Cost Recovery~~ Development Services Reimbursable Expenditures	$	750,000	$	750,000	6876
TOTAL GSF General Services Fund							6877
Group			$	40,000,000	$	~~30,000,000~~ 33,600,000	6878

Federal Special Revenue Fund Group	6879

3080	195602	Appalachian Regional Commission	$	475,000	$	475,000	6880
3080	195603	Housing ~~and Urban Development~~ Assistance Programs	$	6,000,000	$	6,000,000	6881
3080	195605	Federal Projects	$	85,028,606	$	~~85,470,106~~ 0	6882
3080	195609	Small Business Administration Grants	$	6,438,143	$	5,511,381	6883
3080	195618	Energy ~~Federal~~ Grants	$	38,000,000	$	3,400,000	6884
3080	195670	Home Weatherization Program	$	0	$	72,670,106	6885
3080	195671	Brownfield Redevelopment	$	0	$	6,800,000	6886
3080	195672	Manufacturing Extension Partnership	$	0	$	6,000,000	6887
3350	195610	Energy ~~Conservation and Emerging Technology~~ Programs	$	1,100,000	$	1,100,000	6888
3AE0	195643	Workforce Development Initiatives	$	16,300,000	$	16,300,000	6889
3DB0	195642	Federal Stimulus - Energy Efficiency & Conservation Block Grants	$	3,000,000	$	42,485	6890
3EG0	195608	~~Federal~~ Energy Sector Training Grants	$	5,000,000	$	1,344,056	6891
3K80	195613	Community Development Block Grant	$	76,795,818	$	65,210,000	6892
3K90	195611	Home Energy Assistance Block Grant	$	115,743,608	$	115,743,608	6893
3K90	195614	HEAP Weatherization	$	22,000,000	$	22,000,000	6894
3L00	195612	Community Services Block Grant	$	27,240,217	$	27,240,217	6895
3V10	195601	HOME Program	$	40,000,000	$	40,000,000	6896
TOTAL FED Federal Special Revenue							6897
Fund Group			$	443,121,392	$	389,836,853	6898

State Special Revenue Fund Group	6899

4500	195624	Minority Business Bonding Program Administration	$	160,110	$	159,069	6900
4510	195625	Economic Development Financing Operating	$	3,000,000	$	~~3,000,000~~ 0	6901
4510	195649	Business Assistance Programs	$	0	$	3,700,800	6902
4F20	195639	State Special Projects	$	180,437	$	180,436	6903
4F20	195676	Marketing Initiatives	$	5,000,000	$	0	6904
4F20	195699	Utility ~~Provided Funds~~ Community Assistance	$	500,000	$	500,000	6905
4S00	195630	Tax Incentive Programs	$	650,800	$	~~650,800~~ 0	6906
5CG0	195679	Alternative Fuel Transportation	$	750,000	$	750,000	6907
5HJ0	195604	Motion Picture Tax Credit Program	$	50,000	$	~~50,000~~ 0	6908
5HR0	195526	~~Ohio~~ Incumbent Workforce ~~Job~~ Training Vouchers	$	20,000,000	$	30,000,000	6909
5HR0	195622	Defense Development Assistance	$	5,000,000	$	5,000,000	6910
5JR0	195635	Redevelopment Program Support	$	0	$	100,000	6911
5JR0	195656	New Market Tax Credit Program	$	50,000	$	~~50,000~~ 0	6912
5KD0	195621	Brownfield Stormwater Loan	$	50,000	$	~~50,000~~ 0	6913
5KN0	195640	Local Government Innovation	$	175,000	$	44,825,000	6914
5LK0	195655	Workforce Development Programs	$	0	$	10,000,000	6915
5M40	195659	Low Income Energy Assistance (USF)	$	245,000,000	$	245,000,000	6916
5M50	195660	Advanced Energy Loan Programs	$	8,000,000	$	0	6917
5W60	195691	International Trade Cooperative Projects	$	160,000	$	160,000	6918
6170	195654	Volume Cap Administration	$	94,397	$	92,768	6919
6460	195638	Low- and Moderate- Income Housing Trust Fund	$	53,000,000	$	53,000,000	6920
TOTAL SSR State Special Revenue							6921
Fund Group			$	341,820,744	$	~~383,468,073~~ 393,468,073	6922

Facilities Establishment Fund Group	6923

5S90	195628	Capital Access Loan Program	$	1,500,000	$	1,500,000	6924
7009	195664	Innovation Ohio	$	15,000,000	$	15,000,000	6925
7010	195665	Research and Development	$	22,000,000	$	22,000,000	6926
7037	195615	Facilities Establishment	$	50,000,000	$	50,000,000	6927
TOTAL 037 Facilities							6928
Establishment Fund Group			$	88,500,000	$	88,500,000	6929

Clean Ohio Revitalization Fund	6930

7003	195663		Clean Ohio ~~Operating~~ Program		$	950,000		$	950,000		6931
TOTAL 7003 Clean Ohio Revitalization Fund					$	950,000		$	950,000		6932

Third Frontier Research & Development Fund Group	6933

7011	195686	Third Frontier Operating	$	1,149,750	$	1,149,750	6934
7011	195687	Third Frontier Research & Development Projects	$	183,850,250	$	133,850,250	6935
7014	195620	Third Frontier Operating - Tax	$	1,700,000	$	1,700,000	6936
7014	195692	Research & Development Taxable Bond Projects	$	38,300,000	$	38,300,000	6937
TOTAL 011 Third Frontier Research & Development Fund Group			$	225,000,000	$	175,000,000	6938

Job Ready Site Development Fund Group	6939

7012	195688		Job Ready Site ~~Operating~~ Program		$	800,000		$	800,000		6940
TOTAL 012 Job Ready Site Development Fund Group					$	800,000		$	800,000		6941

Tobacco Master Settlement Agreement Fund Group	6942

M087	195435	Biomedical Research and Technology Transfer	$	1,999,224	$	1,999,224	6943
TOTAL TSF Tobacco Master Settlement Agreement Fund Group			$	1,999,224	$	1,999,224	6944
TOTAL ALL BUDGET FUND GROUPS			$	1,245,317,783	$	~~1,186,943,855~~ 1,201,943,895	6945

Sec. 261.20.93. LOCAL GOVERNMENT INNOVATION FUND

6947

The foregoing appropriation item 195640, Local Government	6948
Innovation, shall be used for the purposes of making loans and	6949
grants to political subdivisions under the Local Government	6950
Innovation Program in accordance with sections 189.01 to 189.10 of	6951
the Revised Code. Of the foregoing appropriation item 195640,	6952
Local Government Innovation, up to $175,000 in fiscal year 2012	6953
and $175,000 in fiscal year 2013 shall be used for administrative	6954
costs incurred by the ~~Department of~~ Development Services Agency.	6955

On the effective date of this amendment, or as soon as	6956
possible thereafter, the Director of Budget and Management shall	6957
transfer $175,000 in cash from the General Revenue Fund to the	6958
Local Government Innovation Fund (Fund 5KN0). On July 1, 2012, or	6959
as soon as possible thereafter, the Director of Budget and	6960
Management shall transfer $44,825,000 in cash from the General	6961
Revenue Fund to the Local Government Innovation Fund (Fund 5KN0).	6962

Section 10. That existing Sections 261.10 and 261.20.93 of	6963
Am. Sub. H.B. 153 of the 129th General Assembly, as amended by	6964
Sub. H.B. 371 of the 129th General Assembly, are hereby repealed.	6965

Section 11. TRAVEL AND TOURISM

6966

The foregoing appropriation item 195407, Travel and Tourism,	6967
shall be used for marketing the state of Ohio as a tourism	6968
destination and to support administrative expenses and contracts	6969
necessary to market Ohio.	6970

Section 12. CDBG OPERATING MATCH

6971

The foregoing appropriation item 195497, CDBG Operating	6972
Match, shall be used as matching funds for grants from the United	6973
States Department of Housing and Urban Development pursuant to the	6974
Housing and Community Development Act of 1974 and regulations and	6975
policy guidelines for the programs pursuant thereto.	6976

Section 13. TECHNOLOGY PROGRAMS AND GRANTS

6977

The foregoing appropriation item 195532, Technology Programs	6978
and Grants, shall be used for the same purposes as funding	6979
previously appropriated for appropriation items 195401, Thomas	6980
Edison Program, and 195422, Technology Action. Of the foregoing	6981
appropriation item 195532, Technology Programs and Grants, up to	6982
$547,341 in fiscal year 2013 shall be used for operating expenses	6983
incurred in administering the Ohio Third Frontier pursuant to	6984
sections 184.10 to 184.20 of the Revised Code; and up to	6985
$13,000,000 in fiscal year 2013 shall be used for the Thomas	6986
Edison Program pursuant to sections 122.28 to 122.38 of the	6987
Revised Code, of which not more than ten per cent shall be used	6988
for operating expenses incurred in administering the program.	6989

Section 14. BUSINESS ASSISTANCE

6990

The foregoing appropriation item 195533, Business Assistance,	6991
shall be used as matching funds for grants from the United States	6992
Small Business Administration and other federal agencies, pursuant	6993
to Public Law No. 96-302 as amended by Public Law No. 98-395, and	6994
regulations and policy guidelines for the programs pursuant	6995
thereto. This appropriation item also may be used to provide	6996
grants to local organizations to support economic development	6997
activities that promote minority business development, small	6998
business development, entrepreneurship, and exports of Ohio's	6999
goods and services.	7000

Section 15. APPALACHIA ASSISTANCE

7001

The foregoing appropriation item 195535, Appalachia	7002
Assistance, may be used for the administrative costs of planning	7003
and liaison activities for the Governor's Office of Appalachia, to	7004
provide financial assistance to projects in Ohio's Appalachian	7005
counties, to pay dues for the Appalachian Regional Commission, and	7006
to match federal funds from the Appalachian Regional Commission.	7007

Of the foregoing appropriation item 195535, Appalachia	7008
Assistance, up to $440,000 in fiscal year 2013 shall be used to	7009
support four local development districts. Of that amount, up to	7010
$135,000 shall be allocated to the Ohio Valley Regional	7011
Development Commission, up to $135,000 shall be allocated to the	7012
Ohio Mid-Eastern Government Association, up to $135,000 shall be	7013
allocated to the Buckeye Hills-Hocking Valley Regional Development	7014
District, and up to $35,000 shall be allocated to the Eastgate	7015
Regional Council of Governments. Local development districts	7016
receiving funding under this section shall use the funds for the	7017
implementation and administration of programs and duties under	7018
section 107.21 of the Revised Code.	7019

Section 16. LEGACY PROJECTS

7020

The foregoing appropriation item 195633, Legacy Projects,	7021
shall be used to support existing grant commitments to companies	7022
incurred prior to fiscal year 2013. A portion of the appropriation	7023
item may also be used to support administrative expenses and other	7024
costs associated with these projects.	7025

Section 17. BUSINESS ASSISTANCE PROGRAMS

7026

The foregoing appropriation item 195649, Business Assistance	7027
Programs, shall be used for administrative expenses associated	7028
with the operation of tax credit programs, loan servicing, the	7029
Ohio Film Office, and the Office of Strategic Business	7030
Investments, and for payments to the JobsOhio corporation	7031
established in Chapter 187. of the Revised Code for services	7032
provided for the administration of the 166 Direct Loan Program,	7033
Ohio Enterprise Bond Fund, Research and Development Loan Program,	7034
and Innovation Ohio Loan Program.	7035

Section 18. WORKFORCE DEVELOPMENT PROGRAMS

7036

The foregoing appropriation item 195655, Workforce	7037
Development Programs, may be used for the Ohio Workforce Guarantee	7038
Program to promote training through grants to businesses and, in	7039
the case of a business consortium, to the consortium for training	7040
and education providers for the reimbursement of eligible training	7041
expenses. Not more than ten per cent of appropriation item 195655,	7042
Workforce Development Programs, shall be used for administrative	7043
expenses related to the Ohio Workforce Guarantee Program.	7044

Section 19. ASSORTED TRANSFERS FOR RESTRUCTURING

7045

On July 1, 2012, or as soon as possible thereafter, the	7046
Director of Budget and Management shall transfer the unexpended	7047
and unencumbered cash balance in the Water and Sewer Fund (Fund	7048
4440) to the General Reimbursement Fund (Fund 6850).	7049

On July 1, 2012, or as soon as possible thereafter, the	7050
Director of Budget and Management shall transfer the unexpended	7051
and unencumbered cash balance in the Water and Sewer	7052
Administration Fund (Fund 6110) to the General Reimbursement Fund	7053
(Fund 6850).	7054

On July 1, 2012, or as soon as possible thereafter, the	7055
Director of Budget and Management shall transfer the unexpended	7056
and unencumbered cash balance in the Tax Incentive Programs	7057
Operating Fund (Fund 4S00) to the Business Assistance Fund (Fund	7058
4510).	7059

On July 1, 2012, or as soon as possible thereafter, the	7060
Director of Budget and Management shall transfer the unexpended	7061
and unencumbered cash balance in the Brownfield Stormwater Loan	7062
Fund (Fund 5KD0) to the New Market Tax Credit Program Fund (Fund	7063
5JR0).	7064

Section 20. That Sections 261.10.10, 261.10.20, 261.10.30,	7065
261.10.50, 261.10.60, 261.10.80, 261.10.90, 261.20.10, 261.20.20,	7066
261.20.70, and 261.30.50 of Am. Sub. H.B. 153 of the 129th General	7067
Assembly are hereby repealed.	7068

Section 21. The amendment by this act adding division (C)(2)	7069
to section 122.17 of the Revised Code does not apply to projects	7070
that are completed before the effective date of this section.	7071

Section 22. Sections 7 to 20 of this act are not subject to	7072
the referendum under Ohio Constitution, Article II, Section 1d,	7073
and section 1.471 of the Revised Code, and therefore those	7074
sections take effect immediately when this act becomes law.	7075

Section 23. Section 122.42 of the Revised Code is presented	7076
in this act as a composite of the section as amended by both Am.	7077
Sub. H.B. 117 and Am. Sub. H.B. 356 of the 121st General Assembly.	7078
The General Assembly, applying the principle stated in division	7079
(B) of section 1.52 of the Revised Code that amendments are to be	7080
harmonized if reasonably capable of simultaneous operation, finds	7081
that the composite is the resulting version of the section in	7082
effect prior to the effective date of the section as presented in	7083
this act.	7084

Section 24. Section 149.43 of the Revised Code is presented	7085
in this act as a composite of the section as amended by both Sub.	7086
H.B. 64 and Am. Sub. H.B. 153 of the 129th General Assembly. The	7087
General Assembly, applying the principle stated in division (B) of	7088
section 1.52 of the Revised Code that amendments are to be	7089
harmonized if reasonably capable of simultaneous operation, finds	7090
that the composite is the resulting version of the section in	7091
effect prior to the effective date of the section as presented in	7092
this act.	7093