Sub. S. B. No. 314 As Reported by the Senate Finance Committee

As Reported by the Senate Finance Committee

129th General Assembly

Regular Session

2011-2012

Sub. S. B. No. 314

Senators Wagoner, Cafaro

Cosponsors: Senators Beagle, Lehner, Manning, Obhof, Widener, Oelslager

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

1525.11, 1525.12, 1525.13, and 6111.034 of the

Revised Code; to repeal section 122.40 of the

Revised Code on July 1, 2012; to amend Sections

261.10.40, 261.10.70, 261.20.40, 261.20.50,

261.20.60, 261.20.80, 261.20.90, 261.30.10,

261.30.20, 261.30.30, 261.30.40, 261.30.60,

261.30.70, 261.30.80, 261.30.90, and 261.40.10 of

Am. Sub. H.B. 153 of the 129th General Assembly;

to amend Sections 261.10 and 261.20.93 of Am. Sub.

H.B. 153 of the 129th General Assembly, as

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

General Assembly; and to repeal Sections

261.10.10, 261.10.20, 261.10.30, 261.10.50,

261.10.60, 261.10.80, 261.10.90, 261.20.10,

261.20.20, 261.20.70, and 261.30.50 of Am. Sub.

H.B. 153 of the 129th General Assembly to rename

the Department of Development the "Development

Services Agency"; to establish the Office of

TourismOhio within the Development Services

Agency, create the TourismOhio Advisory Board, and

establish a pilot program to test a new funding

mechanism for the state's travel and tourism

marketing; to modify the operation of JobsOhio,

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 as of July 1, 2012; 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,	63
121.22, 122.01, 122.011, 122.07, 122.071, 122.17, 122.171,	64
122.174, 122.175, 122.39, 122.41, 122.42, 122.43, 122.44, 122.48,	65
122.49, 122.50, 122.51, 122.52, 122.53, 122.561, 122.57, 122.60,	66
122.601, 122.602, 122.603, 122.61, 122.62, 122.64, 122.76, 122.80,	67
122.86, 149.43, 164.05, 164.06, 164.08, 166.01, 166.04, 166.05,	68
166.13, 166.14, 166.18, 166.19, 166.25, 166.30, 174.01, 184.01,	69
187.01, 187.03, 187.04, 187.05, 929.03, 1551.01, 3735.672,	70
3746.35, 5117.22, 5709.68, 5709.882, 6103.052, and 6117.062 be	71
amended, sections 122.07 (122.073) and 122.071 (122.072) be	72
amended for the purpose of adopting new section numbers as	73
indicated in parentheses, and new sections 122.07 and 122.071 and	74
sections 122.942, 122.97, 184.011, 187.061, 3735.01, and 5701.15	75
of the Revised Code be enacted to read as follows:	76

Sec. 9.981. (A) Sections 9.98 to 9.983 of the Revised Code	77
are applicable to bonds:	78

(1) The payment of the debt service on which is to be	79
provided for directly or indirectly by payments contracted to be	80
made in the bond proceedings by the absolute obligors, being	81
persons other than the issuer; and	82

(2) Which are authorized to be issued under sections 122.39	83
and 122.41 to 122.62, Chapter 165., 902., 3377., 3706., division	84
(A)(4) of section 4582.06, division (A)(8) of section 4582.31,	85
section 4582.48, or Chapter 6121. or 6123. of the Revised Code,	86
notwithstanding other provisions therein.	87

(B) Sections 9.98 to 9.983 of the Revised Code are applicable	88
to bonds issued under sections 306.37 and 6119.12 of the Revised	89
Code and Chapters 140., 152., 154., 175., and 349. of the Revised	90
Code, and to any bonds authorized under laws which expressly make	91
those sections applicable.	92

(C) Subject to division (A) of this section, the authority	93
provided in sections 9.98 to 9.983 of the Revised Code is	94
supplemental to and not in derogation of any similar authority	95
provided by, derived from, or implied by, any law, the Ohio	96
Constitution, or any charter, resolution, or ordinance, and no	97
inference shall be drawn to negate the authority thereunder by	98
reason of the express provisions of sections 9.98 to 9.983 of the	99
Revised Code.	100

(D) Sections 9.98 to 9.983 of the Revised Code shall be	101
liberally construed to permit flexibility in the arrangements	102
therein provided to enhance the issuance of such bonds and provide	103
for terms most beneficial and satisfactory to the persons which	104
undertake to provide for their payment, security, and liquidity.	105

Sec. 102.03. (A)(1) No present or former public official or	106
employee shall, during public employment or service or for twelve	107
months thereafter, represent a client or act in a representative	108
capacity for any person on any matter in which the public official	109
or employee personally participated as a public official or	110
employee through decision, approval, disapproval, recommendation,	111
the rendering of advice, investigation, or other substantial	112
exercise of administrative discretion.	113

(2) For twenty-four months after the conclusion of service,	114
no former commissioner or attorney examiner of the public	115
utilities commission shall represent a public utility, as defined	116
in section 4905.02 of the Revised Code, or act in a representative	117
capacity on behalf of such a utility before any state board,	118
commission, or agency.	119

(3) For twenty-four months after the conclusion of employment	120
or service, no former public official or employee who personally	121
participated as a public official or employee through decision,	122
approval, disapproval, recommendation, the rendering of advice,	123
the development or adoption of solid waste management plans,	124
investigation, inspection, or other substantial exercise of	125
administrative discretion under Chapter 343. or 3734. of the	126
Revised Code shall represent a person who is the owner or operator	127
of a facility, as defined in section 3734.01 of the Revised Code,	128
or who is an applicant for a permit or license for a facility	129
under that chapter, on any matter in which the public official or	130
employee personally participated as a public official or employee.	131

(4) For a period of one year after the conclusion of	132
employment or service as a member or employee of the general	133
assembly, no former member or employee of the general assembly	134
shall represent, or act in a representative capacity for, any	135
person on any matter before the general assembly, any committee of	136
the general assembly, or the controlling board. Division (A)(4) of	137
this section does not apply to or affect a person who separates	138
from service with the general assembly on or before December 31,	139
1995. As used in division (A)(4) of this section "person" does not	140
include any state agency or political subdivision of the state.	141

(5) As used in divisions (A)(1), (2), and (3) of this	142
section, "matter" includes any case, proceeding, application,	143
determination, issue, or question, but does not include the	144
proposal, consideration, or enactment of statutes, rules,	145
ordinances, resolutions, or charter or constitutional amendments.	146
As used in division (A)(4) of this section, "matter" includes the	147
proposal, consideration, or enactment of statutes, resolutions, or	148
constitutional amendments. As used in division (A) of this	149
section, "represent" includes any formal or informal appearance	150
before, or any written or oral communication with, any public	151
agency on behalf of any person.	152

(6) Nothing contained in division (A) of this section shall	153
prohibit, during such period, a former public official or employee	154
from being retained or employed to represent, assist, or act in a	155
representative capacity for the public agency by which the public	156
official or employee was employed or on which the public official	157
or employee served.	158

(7) Division (A) of this section shall not be construed to	159
prohibit the performance of ministerial functions, including, but	160
not limited to, the filing or amendment of tax returns,	161
applications for permits and licenses, incorporation papers, and	162
other similar documents.	163

(8) Division (A) of this section does not prohibit a	164
nonelected public official or employee of a state agency, as	165
defined in section 1.60 of the Revised Code, from becoming a	166
public official or employee of another state agency. Division (A)	167
of this section does not prohibit such an official or employee	168
from representing or acting in a representative capacity for the	169
official's or employee's new state agency on any matter in which	170
the public official or employee personally participated as a	171
public official or employee at the official's or employee's former	172
state agency. However, no public official or employee of a state	173
agency shall, during public employment or for twelve months	174
thereafter, represent or act in a representative capacity for the	175
official's or employee's new state agency on any audit or	176
investigation pertaining to the official's or employee's new state	177
agency in which the public official or employee personally	178
participated at the official's or employee's former state agency	179
through decision, approval, disapproval, recommendation, the	180
rendering of advice, investigation, or other substantial exercise	181
of administrative discretion.	182

(9) Division (A) of this section does not prohibit a	183
nonelected public official or employee of a political subdivision	184
from becoming a public official or employee of a different	185
department, division, agency, office, or unit of the same	186
political subdivision. Division (A) of this section does not	187
prohibit such an official or employee from representing or acting	188
in a representative capacity for the official's or employee's new	189
department, division, agency, office, or unit on any matter in	190
which the public official or employee personally participated as a	191
public official or employee at the official's or employee's former	192
department, division, agency, office, or unit of the same	193
political subdivision. As used in this division, "political	194
subdivision" means a county, township, municipal corporation, or	195
any other body corporate and politic that is responsible for	196
government activities in a geographic area smaller than that of	197
the state.	198

(10) No present or former Ohio casino control commission	199
official shall, during public service or for two years thereafter,	200
represent a client, be employed or compensated by a person	201
regulated by the commission, or act in a representative capacity	202
for any person on any matter before or concerning the commission.	203

No present or former commission employee shall, during public	204
employment or for two years thereafter, represent a client or act	205
in a representative capacity on any matter in which the employee	206
personally participated as a commission employee through decision,	207
approval, disapproval, recommendation, the rendering of advice,	208
investigation, or other substantial exercise of administrative	209
discretion.	210

(B) No present or former public official or employee shall	211
disclose or use, without appropriate authorization, any	212
information acquired by the public official or employee in the	213
course of the public official's or employee's official duties that	214
is confidential because of statutory provisions, or that has been	215
clearly designated to the public official or employee as	216
confidential when that confidential designation is warranted	217
because of the status of the proceedings or the circumstances	218
under which the information was received and preserving its	219
confidentiality is necessary to the proper conduct of government	220
business.	221

(C) No public official or employee shall participate within	222
the scope of duties as a public official or employee, except	223
through ministerial functions as defined in division (A) of this	224
section, in any license or rate-making proceeding that directly	225
affects the license or rates of any person, partnership, trust,	226
business trust, corporation, or association in which the public	227
official or employee or immediate family owns or controls more	228
than five per cent. No public official or employee shall	229
participate within the scope of duties as a public official or	230
employee, except through ministerial functions as defined in	231
division (A) of this section, in any license or rate-making	232
proceeding that directly affects the license or rates of any	233
person to whom the public official or employee or immediate	234
family, or a partnership, trust, business trust, corporation, or	235
association of which the public official or employee or the public	236
official's or employee's immediate family owns or controls more	237
than five per cent, has sold goods or services totaling more than	238
one thousand dollars during the preceding year, unless the public	239
official or employee has filed a written statement acknowledging	240
that sale with the clerk or secretary of the public agency and the	241
statement is entered in any public record of the agency's	242
proceedings. This division shall not be construed to require the	243
disclosure of clients of attorneys or persons licensed under	244
section 4732.12 or 4732.15 of the Revised Code, or patients of	245
persons certified under section 4731.14 of the Revised Code.	246

(D) No public official or employee shall use or authorize the	247
use of the authority or influence of office or employment to	248
secure anything of value or the promise or offer of anything of	249
value that is of such a character as to manifest a substantial and	250
improper influence upon the public official or employee with	251
respect to that person's duties.	252

(E) No public official or employee shall solicit or accept	253
anything of value that is of such a character as to manifest a	254
substantial and improper influence upon the public official or	255
employee with respect to that person's duties.	256

(F) No person shall promise or give to a public official or	257
employee anything of value that is of such a character as to	258
manifest a substantial and improper influence upon the public	259
official or employee with respect to that person's duties.	260

(G) In the absence of bribery or another offense under the	261
Revised Code or a purpose to defraud, contributions made to a	262
campaign committee, political party, legislative campaign fund,	263
political action committee, or political contributing entity on	264
behalf of an elected public officer or other public official or	265
employee who seeks elective office shall be considered to accrue	266
ordinarily to the public official or employee for the purposes of	267
divisions (D), (E), and (F) of this section.	268

As used in this division, "contributions," "campaign	269
committee," "political party," "legislative campaign fund,"	270
"political action committee," and "political contributing entity"	271
have the same meanings as in section 3517.01 of the Revised Code.	272

(H)(1) No public official or employee, except for the	273
president or other chief administrative officer of or a member of	274
a board of trustees of a state institution of higher education as	275
defined in section 3345.011 of the Revised Code, who is required	276
to file a financial disclosure statement under section 102.02 of	277
the Revised Code shall solicit or accept, and no person shall give	278
to that public official or employee, an honorarium. Except as	279
provided in division (H)(2) of this section, this division and	280
divisions (D), (E), and (F) of this section do not prohibit a	281
public official or employee who is required to file a financial	282
disclosure statement under section 102.02 of the Revised Code from	283
accepting and do not prohibit a person from giving to that public	284
official or employee the payment of actual travel expenses,	285
including any expenses incurred in connection with the travel for	286
lodging, and meals, food, and beverages provided to the public	287
official or employee at a meeting at which the public official or	288
employee participates in a panel, seminar, or speaking engagement	289
or provided to the public official or employee at a meeting or	290
convention of a national organization to which any state agency,	291
including, but not limited to, any state legislative agency or	292
state institution of higher education as defined in section	293
3345.011 of the Revised Code, pays membership dues. Except as	294
provided in division (H)(2) of this section, this division and	295
divisions (D), (E), and (F) of this section do not prohibit a	296
public official or employee who is not required to file a	297
financial disclosure statement under section 102.02 of the Revised	298
Code from accepting and do not prohibit a person from promising or	299
giving to that public official or employee an honorarium or the	300
payment of travel, meal, and lodging expenses if the honorarium,	301
expenses, or both were paid in recognition of demonstrable	302
business, professional, or esthetic interests of the public	303
official or employee that exist apart from public office or	304
employment, including, but not limited to, such a demonstrable	305
interest in public speaking and were not paid by any person or	306
other entity, or by any representative or association of those	307
persons or entities, that is regulated by, doing business with, or	308
seeking to do business with the department, division, institution,	309
board, commission, authority, bureau, or other instrumentality of	310
the governmental entity with which the public official or employee	311
serves.	312

(2) No person who is a member of the board of a state	313
retirement system, a state retirement system investment officer,	314
or an employee of a state retirement system whose position	315
involves substantial and material exercise of discretion in the	316
investment of retirement system funds shall solicit or accept, and	317
no person shall give to that board member, officer, or employee,	318
payment of actual travel expenses, including expenses incurred	319
with the travel for lodging, meals, food, and beverages.	320

(I) A public official or employee may accept travel, meals,	321
and lodging or expenses or reimbursement of expenses for travel,	322
meals, and lodging in connection with conferences, seminars, and	323
similar events related to official duties if the travel, meals,	324
and lodging, expenses, or reimbursement is not of such a character	325
as to manifest a substantial and improper influence upon the	326
public official or employee with respect to that person's duties.	327
The house of representatives and senate, in their code of ethics,	328
and the Ohio ethics commission, under section 111.15 of the	329
Revised Code, may adopt rules setting standards and conditions for	330
the furnishing and acceptance of such travel, meals, and lodging,	331
expenses, or reimbursement.	332

A person who acts in compliance with this division and any	333
applicable rules adopted under it, or any applicable, similar	334
rules adopted by the supreme court governing judicial officers and	335
employees, does not violate division (D), (E), or (F) of this	336
section. This division does not preclude any person from seeking	337
an advisory opinion from the appropriate ethics commission under	338
section 102.08 of the Revised Code.	339

(J) For purposes of divisions (D), (E), and (F) of this	340
section, the membership of a public official or employee in an	341
organization shall not be considered, in and of itself, to be of	342
such a character as to manifest a substantial and improper	343
influence on the public official or employee with respect to that	344
person's duties. As used in this division, "organization" means a	345
church or a religious, benevolent, fraternal, or professional	346
organization that is tax exempt under subsection 501(a) and	347
described in subsection 501(c)(3), (4), (8), (10), or (19) of the	348
"Internal Revenue Code of 1986." This division does not apply to a	349
public official or employee who is an employee of an organization,	350
serves as a trustee, director, or officer of an organization, or	351
otherwise holds a fiduciary relationship with an organization.	352
This division does not allow a public official or employee who is	353
a member of an organization to participate, formally or	354
informally, in deliberations, discussions, or voting on a matter	355
or to use ~~his~~the public official's or employee's official	356
position with regard to the interests of the organization on the	357
matter if the public official or employee has assumed a particular	358
responsibility in the organization with respect to the matter or	359
if the matter would affect that person's personal, pecuniary	360
interests.	361

(K) It is not a violation of this section for a prosecuting	362
attorney to appoint assistants and employees in accordance with	363
division (B) of section 309.06 and section 2921.421 of the Revised	364
Code, for a chief legal officer of a municipal corporation or an	365
official designated as prosecutor in a municipal corporation to	366
appoint assistants and employees in accordance with sections	367
733.621 and 2921.421 of the Revised Code, for a township law	368
director appointed under section 504.15 of the Revised Code to	369
appoint assistants and employees in accordance with sections	370
504.151 and 2921.421 of the Revised Code, or for a coroner to	371
appoint assistants and employees in accordance with division (B)	372
of section 313.05 of the Revised Code.	373

As used in this division, "chief legal officer" has the same	374
meaning as in section 733.621 of the Revised Code.	375

(L) No present public official or employee with a casino	376
gaming regulatory function shall indirectly invest, by way of an	377
entity the public official or employee has an ownership interest	378
or control in, or directly invest in a casino operator, management	379
company, holding company, casino facility, or gaming-related	380
vendor. No present public official or employee with a casino	381
gaming regulatory function shall directly or indirectly have a	382
financial interest in, have an ownership interest in, be the	383
creditor or hold a debt instrument issued by, or have an interest	384
in a contractual or service relationship with a casino operator,	385
management company, holding company, casino facility, or	386
gaming-related vendor. This section does not prohibit or limit	387
permitted passive investing by the public official or employee.	388

As used in this division, "passive investing" means	389
investment by the public official or employee by means of a mutual	390
fund in which the public official or employee has no control of	391
the investments or investment decisions. "Casino operator,"	392
"holding company," "management company," "casino facility," and	393
"gaming-related vendor" have the same meanings as in section	394
3772.01 of the Revised Code.	395

(M) A member of the Ohio casino control commission, the	396
executive director of the commission, or an employee of the	397
commission shall not:	398

(1) Accept anything of value, including but not limited to a	399
gift, gratuity, emolument, or employment from a casino operator,	400
management company, or other person subject to the jurisdiction of	401
the commission, or from an officer, attorney, agent, or employee	402
of a casino operator, management company, or other person subject	403
to the jurisdiction of the commission;	404

(2) Solicit, suggest, request, or recommend, directly or	405
indirectly, to a casino operator, management company, or other	406
person subject to the jurisdiction of the commission, or to an	407
officer, attorney, agent, or employee of a casino operator,	408
management company, or other person subject to the jurisdiction of	409
the commission, the appointment of a person to an office, place,	410
position, or employment;	411

(3) Participate in casino gaming or any other amusement or	412
activity at a casino facility in this state or at an affiliate	413
gaming facility of a licensed casino operator, wherever located.	414

In addition to the penalty provided in section 102.99 of the	415
Revised Code, whoever violates division (M)(1), (2), or (3) of	416
this section forfeits the individual's office or employment.	417

Sec. 121.02. The following administrative departments and	418
their respective directors are hereby created:	419

(A) The office of budget and management, which shall be	420
administered by the director of budget and management;	421

(B) The department of commerce, which shall be administered	422
by the director of commerce;	423

(C) The department of administrative services, which shall be	424
administered by the director of administrative services;	425

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

(E) The department of agriculture, which shall be	428
administered by the director of agriculture;	429

(F) The department of natural resources, which shall be	430
administered by the director of natural resources;	431

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

(H) The department of job and family services, which shall be	434
administered by the director of job and family services;	435

(I) Until July 1, 1997, the department of liquor control,	436
which shall be administered by the director of liquor control;	437

(J) The department of public safety, which shall be	438
administered by the director of public safety;	439

(K) The department of mental health, which shall be	440
administered by the director of mental health;	441

(L) The department of developmental disabilities, which shall	442
be administered by the director of developmental disabilities;	443

(M) The department of insurance, which shall be administered	444
by the superintendent of insurance as director thereof;	445

(N) The ~~department of~~ development services agency, which	446
shall be administered by the director of development services;	447

(O) The department of youth services, which shall be	448
administered by the director of youth services;	449

(P) The department of rehabilitation and correction, which	450
shall be administered by the director of rehabilitation and	451
correction;	452

(Q) The environmental protection agency, which shall be	453
administered by the director of environmental protection;	454

(R) The department of aging, which shall be administered by	455
the director of aging;	456

(S) The department of alcohol and drug addiction services,	457
which shall be administered by the director of alcohol and drug	458
addiction services;	459

(T) The department of veterans services, which shall be	460
administered by the director of veterans services.	461

The director of each department shall exercise the powers and	462
perform the duties vested by law in such department.	463

Sec. 121.03. The following administrative department heads	464
shall be appointed by the governor, with the advice and consent of	465
the senate, and shall hold their offices during the term of the	466
appointing governor, and are subject to removal at the pleasure of	467
the governor.	468

(A) The director of budget and management;

469

(B) The director of commerce;

470

471

(D) The director of agriculture;

472

(E) The director of job and family services;

473

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

474

(G) The director of public safety;

475

(H) The superintendent of insurance;

476

(I) The director of development services;

477

(J) The tax commissioner;

478

(K) The director of administrative services;

479

(L) The director of natural resources;

480

(M) The director of mental health;

481

(N) The director of developmental disabilities;

482

(O) The director of health;

483

(P) The director of youth services;

484

(Q) The director of rehabilitation and correction;

485

(R) The director of environmental protection;

486

(S) The director of aging;

487

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

488

(U) The administrator of workers' compensation who meets the	489
qualifications required under division (A) of section 4121.121 of	490
the Revised Code;	491

(V) The director of veterans services who meets the	492
qualifications required under section 5902.01 of the Revised Code;	493

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

494

Sec. 121.22. (A) This section shall be liberally construed	495
to require public officials to take official action and to conduct	496
all deliberations upon official business only in open meetings	497
unless the subject matter is specifically excepted by law.	498

(B) As used in this section:

499

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

500

(a) Any board, commission, committee, council, or similar	501
decision-making body of a state agency, institution, or authority,	502
and any legislative authority or board, commission, committee,	503
council, agency, authority, or similar decision-making body of any	504
county, township, municipal corporation, school district, or other	505
political subdivision or local public institution;	506

(b) Any committee or subcommittee of a body described in	507
division (B)(1)(a) of this section;	508

(c) A court of jurisdiction of a sanitary district organized	509
wholly for the purpose of providing a water supply for domestic,	510
municipal, and public use when meeting for the purpose of the	511
appointment, removal, or reappointment of a member of the board of	512
directors of such a district pursuant to section 6115.10 of the	513
Revised Code, if applicable, or for any other matter related to	514
such a district other than litigation involving the district. As	515
used in division (B)(1)(c) of this section, "court of	516
jurisdiction" has the same meaning as "court" in section 6115.01	517
of the Revised Code.	518

(2) "Meeting" means any prearranged discussion of the public	519
business of the public body by a majority of its members.	520

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

521

(a) A student in a state or local public educational	522
institution;	523

(b) A person who is, voluntarily or involuntarily, an inmate,	524
patient, or resident of a state or local institution because of	525
criminal behavior, mental illness or retardation, disease,	526
disability, age, or other condition requiring custodial care.	527

(4) "Public office" has the same meaning as in section	528
149.011 of the Revised Code.	529

(C) All meetings of any public body are declared to be public	530
meetings open to the public at all times. A member of a public	531
body shall be present in person at a meeting open to the public to	532
be considered present or to vote at the meeting and for purposes	533
of determining whether a quorum is present at the meeting.	534

The minutes of a regular or special meeting of any public	535
body shall be promptly prepared, filed, and maintained and shall	536
be open to public inspection. The minutes need only reflect the	537
general subject matter of discussions in executive sessions	538
authorized under division (G) or (J) of this section.	539

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

540

(1) A grand jury;

541

(2) An audit conference conducted by the auditor of state or	542
independent certified public accountants with officials of the	543
public office that is the subject of the audit;	544

(3) The adult parole authority when its hearings are	545
conducted at a correctional institution for the sole purpose of	546
interviewing inmates to determine parole or pardon;	547

(4) The organized crime investigations commission established	548
under section 177.01 of the Revised Code;	549

(5) Meetings of a child fatality review board established	550
under section 307.621 of the Revised Code and meetings conducted	551
pursuant to sections 5153.171 to 5153.173 of the Revised Code;	552

(6) The state medical board when determining whether to	553
suspend a certificate without a prior hearing pursuant to division	554
(G) of either section 4730.25 or 4731.22 of the Revised Code;	555

(7) The board of nursing when determining whether to suspend	556
a license or certificate without a prior hearing pursuant to	557
division (B) of section 4723.281 of the Revised Code;	558

(8) The state board of pharmacy when determining whether to	559
suspend a license without a prior hearing pursuant to division (D)	560
of section 4729.16 of the Revised Code;	561

(9) The state chiropractic board when determining whether to	562
suspend a license without a hearing pursuant to section 4734.37 of	563
the Revised Code;	564

(10) The executive committee of the emergency response	565
commission when determining whether to issue an enforcement order	566
or request that a civil action, civil penalty action, or criminal	567
action be brought to enforce Chapter 3750. of the Revised Code;	568

(11) The board of directors of the nonprofit corporation	569
formed under section 187.01 of the Revised Code or any committee	570
thereof, and the board of directors of any subsidiary of that	571
corporation or a committee thereof;	572

(12) An audit conference conducted by the audit staff of the	573
department of job and family services with officials of the public	574
office that is the subject of that audit under section 5101.37 of	575
the Revised Code.	576

(E) The controlling board, the ~~development financing advisory~~	577
~~council, the~~ industrial technology and enterprise advisory	578
council, the tax credit authority, or the minority development	579
financing advisory board, when meeting to consider granting	580
assistance pursuant to Chapter 122. or 166. of the Revised Code,	581
in order to protect the interest of the applicant or the possible	582
investment of public funds, by unanimous vote of all board,	583
council, or authority members present, may close the meeting	584
during consideration of the following information confidentially	585
received by the authority, council, or board from the applicant:	586

(1) Marketing plans;

587

(2) Specific business strategy;

588

(3) Production techniques and trade secrets;

589

(4) Financial projections;

590

(5) Personal financial statements of the applicant or members	591
of the applicant's immediate family, including, but not limited	592
to, tax records or other similar information not open to public	593
inspection.	594

The vote by the authority, council, or board to accept or	595
reject the application, as well as all proceedings of the	596
authority, council, or board not subject to this division, shall	597
be open to the public and governed by this section.	598

(F) Every public body, by rule, shall establish a reasonable	599
method whereby any person may determine the time and place of all	600
regularly scheduled meetings and the time, place, and purpose of	601
all special meetings. A public body shall not hold a special	602
meeting unless it gives at least twenty-four hours' advance notice	603
to the news media that have requested notification, except in the	604
event of an emergency requiring immediate official action. In the	605
event of an emergency, the member or members calling the meeting	606
shall notify the news media that have requested notification	607
immediately of the time, place, and purpose of the meeting.	608

The rule shall provide that any person, upon request and	609
payment of a reasonable fee, may obtain reasonable advance	610
notification of all meetings at which any specific type of public	611
business is to be discussed. Provisions for advance notification	612
may include, but are not limited to, mailing the agenda of	613
meetings to all subscribers on a mailing list or mailing notices	614
in self-addressed, stamped envelopes provided by the person.	615

(G) Except as provided in division (J) of this section, the	616
members of a public body may hold an executive session only after	617
a majority of a quorum of the public body determines, by a roll	618
call vote, to hold an executive session and only at a regular or	619
special meeting for the sole purpose of the consideration of any	620
of the following matters:	621

(1) To consider the appointment, employment, dismissal,	622
discipline, promotion, demotion, or compensation of a public	623
employee or official, or the investigation of charges or	624
complaints against a public employee, official, licensee, or	625
regulated individual, unless the public employee, official,	626
licensee, or regulated individual requests a public hearing.	627
Except as otherwise provided by law, no public body shall hold an	628
executive session for the discipline of an elected official for	629
conduct related to the performance of the elected official's	630
official duties or for the elected official's removal from office.	631
If a public body holds an executive session pursuant to division	632
(G)(1) of this section, the motion and vote to hold that executive	633
session shall state which one or more of the approved purposes	634
listed in division (G)(1) of this section are the purposes for	635
which the executive session is to be held, but need not include	636
the name of any person to be considered at the meeting.	637

(2) To consider the purchase of property for public purposes,	638
or for the sale of property at competitive bidding, if premature	639
disclosure of information would give an unfair competitive or	640
bargaining advantage to a person whose personal, private interest	641
is adverse to the general public interest. No member of a public	642
body shall use division (G)(2) of this section as a subterfuge for	643
providing covert information to prospective buyers or sellers. A	644
purchase or sale of public property is void if the seller or buyer	645
of the public property has received covert information from a	646
member of a public body that has not been disclosed to the general	647
public in sufficient time for other prospective buyers and sellers	648
to prepare and submit offers.	649

If the minutes of the public body show that all meetings and	650
deliberations of the public body have been conducted in compliance	651
with this section, any instrument executed by the public body	652
purporting to convey, lease, or otherwise dispose of any right,	653
title, or interest in any public property shall be conclusively	654
presumed to have been executed in compliance with this section	655
insofar as title or other interest of any bona fide purchasers,	656
lessees, or transferees of the property is concerned.	657

(3) Conferences with an attorney for the public body	658
concerning disputes involving the public body that are the subject	659
of pending or imminent court action;	660

(4) Preparing for, conducting, or reviewing negotiations or	661
bargaining sessions with public employees concerning their	662
compensation or other terms and conditions of their employment;	663

(5) Matters required to be kept confidential by federal law	664
or regulations or state statutes;	665

(6) Details relative to the security arrangements and	666
emergency response protocols for a public body or a public office,	667
if disclosure of the matters discussed could reasonably be	668
expected to jeopardize the security of the public body or public	669
office;	670

(7) In the case of a county hospital operated pursuant to	671
Chapter 339. of the Revised Code, a joint township hospital	672
operated pursuant to Chapter 513. of the Revised Code, or a	673
municipal hospital operated pursuant to Chapter 749. of the	674
Revised Code, to consider trade secrets, as defined in section	675
1333.61 of the Revised Code.	676

If a public body holds an executive session to consider any	677
of the matters listed in divisions (G)(2) to (7) of this section,	678
the motion and vote to hold that executive session shall state	679
which one or more of the approved matters listed in those	680
divisions are to be considered at the executive session.	681

A public body specified in division (B)(1)(c) of this section	682
shall not hold an executive session when meeting for the purposes	683
specified in that division.	684

(H) A resolution, rule, or formal action of any kind is	685
invalid unless adopted in an open meeting of the public body. A	686
resolution, rule, or formal action adopted in an open meeting that	687
results from deliberations in a meeting not open to the public is	688
invalid unless the deliberations were for a purpose specifically	689
authorized in division (G) or (J) of this section and conducted at	690
an executive session held in compliance with this section. A	691
resolution, rule, or formal action adopted in an open meeting is	692
invalid if the public body that adopted the resolution, rule, or	693
formal action violated division (F) of this section.	694

(I)(1) Any person may bring an action to enforce this	695
section. An action under division (I)(1) of this section shall be	696
brought within two years after the date of the alleged violation	697
or threatened violation. Upon proof of a violation or threatened	698
violation of this section in an action brought by any person, the	699
court of common pleas shall issue an injunction to compel the	700
members of the public body to comply with its provisions.	701

(2)(a) If the court of common pleas issues an injunction	702
pursuant to division (I)(1) of this section, the court shall order	703
the public body that it enjoins to pay a civil forfeiture of five	704
hundred dollars to the party that sought the injunction and shall	705
award to that party all court costs and, subject to reduction as	706
described in division (I)(2) of this section, reasonable	707
attorney's fees. The court, in its discretion, may reduce an award	708
of attorney's fees to the party that sought the injunction or not	709
award attorney's fees to that party if the court determines both	710
of the following:	711

(i) That, based on the ordinary application of statutory law	712
and case law as it existed at the time of violation or threatened	713
violation that was the basis of the injunction, a well-informed	714
public body reasonably would believe that the public body was not	715
violating or threatening to violate this section;	716

(ii) That a well-informed public body reasonably would	717
believe that the conduct or threatened conduct that was the basis	718
of the injunction would serve the public policy that underlies the	719
authority that is asserted as permitting that conduct or	720
threatened conduct.	721

(b) If the court of common pleas does not issue an injunction	722
pursuant to division (I)(1) of this section and the court	723
determines at that time that the bringing of the action was	724
frivolous conduct, as defined in division (A) of section 2323.51	725
of the Revised Code, the court shall award to the public body all	726
court costs and reasonable attorney's fees, as determined by the	727
court.	728

(3) Irreparable harm and prejudice to the party that sought	729
the injunction shall be conclusively and irrebuttably presumed	730
upon proof of a violation or threatened violation of this section.	731

(4) A member of a public body who knowingly violates an	732
injunction issued pursuant to division (I)(1) of this section may	733
be removed from office by an action brought in the court of common	734
pleas for that purpose by the prosecuting attorney or the attorney	735
general.	736

(J)(1) Pursuant to division (C) of section 5901.09 of the	737
Revised Code, a veterans service commission shall hold an	738
executive session for one or more of the following purposes unless	739
an applicant requests a public hearing:	740

(a) Interviewing an applicant for financial assistance under	741
sections 5901.01 to 5901.15 of the Revised Code;	742

(b) Discussing applications, statements, and other documents	743
described in division (B) of section 5901.09 of the Revised Code;	744

(c) Reviewing matters relating to an applicant's request for	745
financial assistance under sections 5901.01 to 5901.15 of the	746
Revised Code.	747

(2) A veterans service commission shall not exclude an	748
applicant for, recipient of, or former recipient of financial	749
assistance under sections 5901.01 to 5901.15 of the Revised Code,	750
and shall not exclude representatives selected by the applicant,	751
recipient, or former recipient, from a meeting that the commission	752
conducts as an executive session that pertains to the applicant's,	753
recipient's, or former recipient's application for financial	754
assistance.	755

(3) A veterans service commission shall vote on the grant or	756
denial of financial assistance under sections 5901.01 to 5901.15	757
of the Revised Code only in an open meeting of the commission. The	758
minutes of the meeting shall indicate the name, address, and	759
occupation of the applicant, whether the assistance was granted or	760
denied, the amount of the assistance if assistance is granted, and	761
the votes for and against the granting of assistance.	762

Sec. 122.01. (A) As used in the Revised Code, the	763
"department of development" means the development services agency	764
and the "director of development" means the director of	765
development services. Whenever the department or director of	766
development is referred to or designated in any statute, rule,	767
contract, grant, or other document, the reference or designation	768
shall be deemed to refer to the development services agency or	769
director of development services, as the case may be.	770

(B) As used in this chapter:

771

~~(A)~~(1) "Community problems" includes, but is not limited to,	772
taxation, fiscal administration, governmental structure and	773
organization, intergovernmental cooperation, education and	774
training, employment needs, community planning and development,	775
air and water pollution, public safety and the administration of	776
justice, housing, mass transportation, community facilities and	777
services, health, welfare, recreation, open space, and the	778
development of human resources.	779

~~(B)~~(2) "Professional personnel" means either of the	780
following:	781

~~(1)~~(a) Personnel who have earned a bachelor's degree from a	782
college or university;	783

~~(2)~~(b) Personnel who serve as or have the working title of	784
director, assistant director, deputy director, assistant deputy	785
director, manager, office chief, assistant office chief, or	786
program director.	787

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

788

~~(1)~~(a) Personnel who provide technical assistance according	789
to their job description or in accordance with the Revised Code;	790

~~(2)~~(b) Personnel employed in the director of ~~development's~~	791
development services' office or the legal office, communications	792
office, finance office, legislative affairs office, or human	793
resources office of the ~~department of~~ development services agency;	794

~~(3)~~(c) Personnel employed in the technology division of the	795
~~department~~agency.	796

Sec. 122.011. (A) The ~~department of~~ development services	797
agency shall develop and promote plans and programs designed to	798
assure that state resources are efficiently used, economic growth	799
is properly balanced, community growth is developed in an orderly	800
manner, and local governments are coordinated with each other and	801
the state, and for such purposes may do all of the following:	802

(1) Serve as a clearinghouse for information, data, and other	803
materials that may be helpful or necessary to persons or local	804
governments, as provided in section ~~122.07~~122.073 of the Revised	805
Code;	806

(2) Prepare and activate plans for the retention,	807
development, expansion, and use of the resources and commerce of	808
the state, as provided in section 122.04 of the Revised Code;	809

(3) Assist and cooperate with federal, state, and local	810
governments and agencies of federal, state, and local governments	811
in the coordination of programs to carry out the functions and	812
duties of the ~~department~~agency;	813

(4) Encourage and foster research and development activities,	814
conduct studies related to the solution of community problems, and	815
develop recommendations for administrative or legislative actions,	816
as provided in section 122.03 of the Revised Code;	817

(5) Serve as the economic and community development planning	818
agency, which shall prepare and recommend plans and programs for	819
the orderly growth and development of this state and which shall	820
provide planning assistance, as provided in section 122.06 of the	821
Revised Code;	822

(6) Cooperate with and provide technical assistance to state	823
departments, political subdivisions, regional and local planning	824
commissions, tourist associations, councils of government,	825
community development groups, community action agencies, and other	826
appropriate organizations for carrying out the functions and	827
duties of the ~~department~~development services agency or for the	828
solution of community problems;	829

(7) Coordinate the activities of state agencies that have an	830
impact on carrying out the functions and duties of the ~~department~~	831
development services agency;	832

(8) Encourage and assist the efforts of and cooperate with	833
local governments to develop mutual and cooperative solutions to	834
their common problems that relate to carrying out the purposes of	835
this section;	836

(9) Study existing structure, operations, and financing of	837
regional or local government and those state activities that	838
involve significant relations with regional or local governmental	839
units, recommend to the governor and to the general assembly such	840
changes in these provisions and activities as will improve the	841
operations of regional or local government, and conduct other	842
studies of legal provisions that affect problems related to	843
carrying out the purposes of this section;	844

(10) Create and operate a division of community development	845
to develop and administer programs and activities that are	846
authorized by federal statute or the Revised Code;	847

(11) Until October 15, 2007, establish fees and charges, in	848
consultation with the director of agriculture, for purchasing	849
loans from financial institutions and providing loan guarantees	850
under the family farm loan program created under sections 901.80	851
to 901.83 of the Revised Code;	852

(12) Provide loan servicing for the loans purchased and loan	853
guarantees provided under section 901.80 of the Revised Code as	854
that section existed prior to October 15, 2007;	855

(13) Until October 15, 2007, and upon approval by the	856
controlling board under division (A)(3) of section 901.82 of the	857
Revised Code of the release of money to be used for purchasing a	858
loan or providing a loan guarantee, request the release of that	859
money in accordance with division (B) of section 166.03 of the	860
Revised Code for use for the purposes of the fund created by	861
section 166.031 of the Revised Code.	862

(14) Allocate that portion of the national recovery zone	863
economic development bond limitation and that portion of the	864
national recovery zone facility bond limitation that has been	865
allocated to the state under section 1400U-1 of the Internal	866
Revenue Code, 26 U.S.C. 1400U-1. If any county or municipal	867
corporation waives any portion of an allocation it receives under	868
division (A)(14) of this section, the ~~department~~agency may	869
reallocate that amount. Any allocation or reallocation shall be	870
made in accordance with this section and section 1400U-1 of the	871
Internal Revenue Code.	872

(B) The director of development services may request the	873
attorney general to, and the attorney general, in accordance with	874
section 109.02 of the Revised Code, shall bring a civil action in	875
any court of competent jurisdiction. The director may be sued in	876
the director's official capacity, in connection with this chapter,	877
in accordance with Chapter 2743. of the Revised Code.	878

(C) The director ~~of development~~ shall execute a contract	879
pursuant to section 187.04 of the Revised Code with the nonprofit	880
corporation formed under section 187.01 of the Revised Code, and	881
may execute any additional contracts with the corporation	882
providing for the corporation to assist the director or ~~department~~	883
agency in carrying out any duties of the director or ~~department~~	884
agency under this chapter, under any other provision of the	885
Revised Code dealing with economic development, or under a	886
contract with the director, subject to section 187.04 of the	887
Revised Code.	888

Sec. 122.07. (A) There is hereby created within the	889
development services agency an office to be known as the office of	890
TourismOhio. The office shall be under the supervision of a	891
director who shall be of equivalent rank of deputy director of the	892
agency and shall serve at the pleasure of the director of	893
development services.	894

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

895

(1) Promote the state as a travel destination and provide	896
related services or otherwise carry out the promotional functions	897
or duties of the agency, as necessary;	898

(2) Perform an annual return-on-investment study analyzing	899
the office's success in promoting Ohio tourism. A report	900
containing the findings of the study shall be submitted to the	901
governor, the speaker and minority leader of the house of	902
representatives, and the president and minority leader of the	903
senate. The report shall also be made available to the public.	904

Sec. 122.071. (A) The TourismOhio advisory board is hereby	905
established to advise the director of development services and the	906
director of the office of TourismOhio on strategies for promoting	907
tourism in this state. The board shall consist of the chief	908
investment officer of the nonprofit corporation formed under	909
section 187.01 of the Revised Code, the director of the office of	910
TourismOhio, and nine members to be appointed by the governor as	911
provided in division (B) of this section. All members of the	912
board, except the director of the office of TourismOhio, shall be	913
voting members.	914

(B)(1) The governor shall, within sixty days after the	915
effective date of this section, appoint to the TourismOhio	916
advisory board one individual who is a representative of	917
convention and visitors' bureaus, one individual who is a	918
representative of the lodging industry, one individual who is a	919
representative of the restaurant industry, one individual who is a	920
representative of attractions, one individual who is a	921
representative of special events and festivals, one individual who	922
is a representative of agritourism, and three individuals who are	923
representatives of the tourism industry. Of the initial	924
appointments, two individuals shall serve a term of one year,	925
three individuals shall serve a term of two years, and the	926
remainder shall serve a term of three years. Thereafter, terms of	927
office shall be for three years. Each individual appointed to the	928
board shall be a United States citizen.	929

(2) For purposes of division (B)(1) of this section, an	930
individual is a "representative of the tourism industry" if the	931
individual possesses five years or more executive-level experience	932
in the attractions, lodging, restaurant, transportation, or retail	933
industry or five years or more executive-level experience with a	934
destination marketing organization.	935

(C)(1) Each member of the TourismOhio advisory board shall	936
hold office from the date of the member's appointment until the	937
end of the term for which the member is appointed. Vacancies that	938
occur on the board shall be filled in the manner prescribed for	939
regular appointments to the board. A member appointed to fill a	940
vacancy occurring prior to the expiration of the term for which	941
the member's predecessor was appointed shall hold office for the	942
remainder of that predecessor's term. A member shall continue in	943
office subsequent to the expiration date of the member's term	944
until the member's successor takes office or until sixty days have	945
elapsed, whichever occurs first. Any member appointed to the board	946
is eligible for reappointment.	947

(2) The governor shall designate one member of the board as	948
chairperson.	949

(3) Members appointed to the board may be reimbursed for	950
actual and necessary expenses incurred in connection with their	951
official duties.	952

~~Sec. 122.071.~~ Sec. 122.072. There is hereby created in the state	953
treasury the ~~travel and~~ tourism ~~cooperative projects~~ fund	954
consisting of ~~all~~money credited or transferred to it and grants,	955
gifts, and contributions made directly to ~~the director of~~	956
~~development for marketing and promotion of travel and tourism~~	957
~~within~~it. Money in the fund shall be used to defray costs	958
incurred by the office of TourismOhio in promoting this state	959
~~pursuant to division (F) of section 122.04 and section 122.07 of~~	960
~~the Revised Code~~as a travel destination.	961

~~Sec. 122.07.~~ Sec. 122.073. (A) The ~~department of~~ development	962
services agency may do ~~either~~any of the following:	963

(1) Disseminate information concerning the industrial,	964
commercial, governmental, educational, cultural, recreational,	965
agricultural, and other advantages and attractions of the state;	966

(2) Provide technical assistance to public and private	967
agencies in the preparation of promotional programs designed to	968
attract business, industry, and tourists to the state;	969

(3) Enter into cooperative or contractual agreements, through	970
the director of development services, with any individual,	971
organization, or business to create, administer, or otherwise be	972
involved with Ohio tourism-related promotional programs.	973
Compensation under such agreements shall be determined by the	974
director and may include deferred compensation. This compensation	975
is payable from the tourism fund created in section 122.072 of the	976
Revised Code. Any excess revenue generated under such a	977
cooperative or contractual agreement shall be remitted to the fund	978
to be reinvested in ongoing tourism marketing initiatives as	979
authorized by law.	980

(B) Records related to tourism market research submitted to	981
or generated by the ~~research~~ office of ~~the division of travel and~~	982
~~tourism of the department of development~~TourismOhio, and any	983
information taken for any purpose from such research, are not	984
public records for the purposes of section 149.43 of the Revised	985
Code. The ~~department~~agency may use, however, such tourism market	986
research in a public report if the director ~~of the department~~	987
determines that issuing and distributing the report would promote	988
or market the state's travel and tourism industry or otherwise	989
advance the purposes of this section.	990

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

991

(1) "Income tax revenue" means the total amount withheld	992
under section 5747.06 of the Revised Code by the taxpayer during	993
the taxable year, or during the calendar year that includes the	994
tax period, from the compensation of each employee employed in the	995
project to the extent the employee's withholdings are not used to	996
determine the credit under section 122.171 of the Revised Code.	997
"Income tax revenue" excludes amounts withheld before the day the	998
taxpayer becomes eligible for the credit.	999

(2) "Baseline income tax revenue" means income tax revenue	1000
except that the applicable withholding period is the twelve months	1001
immediately preceding the date the tax credit authority approves	1002
the taxpayer's application or the date the tax credit authority	1003
receives the recommendation described in division (C)(2)(a) of	1004
this section, whichever occurs first, multiplied by the sum of one	1005
plus an annual pay increase factor to be determined by the tax	1006
credit authority. If the taxpayer becomes eligible for the credit	1007
after the first day of the taxpayer's taxable year or after the	1008
first day of the calendar year that includes the tax period, the	1009
taxpayer's baseline income tax revenue for the first such taxable	1010
or calendar year of credit eligibility shall be reduced in	1011
proportion to the number of days during the taxable or calendar	1012
year for which the taxpayer was not eligible for the credit. For	1013
subsequent taxable or calendar years, "baseline income tax	1014
revenue" equals the unreduced baseline income tax revenue for the	1015
preceding taxable or calendar year multiplied by the sum of one	1016
plus the pay increase factor.	1017

(3) "Excess income tax revenue" means income tax revenue	1018
minus baseline income tax revenue.	1019

(B) The tax credit authority may make grants under this	1020
section to foster job creation in this state. Such a grant shall	1021
take the form of a refundable credit allowed against the tax	1022
imposed by section 5725.18, 5729.03, 5733.06, or 5747.02 or levied	1023
under Chapter 5751. of the Revised Code. The credit shall be	1024
claimed for the taxable years or tax periods specified in the	1025
taxpayer's agreement with the tax credit authority under division	1026
(D) of this section. With respect to taxes imposed under section	1027
5733.06 or 5747.02 or Chapter 5751. of the Revised Code, the	1028
credit shall be claimed in the order required under section	1029
5733.98, 5747.98, or 5751.98 of the Revised Code. The amount of	1030
the credit available for a taxable year or for a calendar year	1031
that includes a tax period equals the excess income tax revenue	1032
for that year multiplied by the percentage specified in the	1033
agreement with the tax credit authority. Any credit granted under	1034
this section against the tax imposed by section 5733.06 or 5747.02	1035
of the Revised Code, to the extent not fully utilized against such	1036
tax for taxable years ending prior to 2008, shall automatically be	1037
converted without any action taken by the tax credit authority to	1038
a credit against the tax levied under Chapter 5751. of the Revised	1039
Code for tax periods beginning on or after July 1, 2008, provided	1040
that the person to whom the credit was granted is subject to such	1041
tax. The converted credit shall apply to those calendar years in	1042
which the remaining taxable years specified in the agreement end.	1043

(C)(1) A taxpayer or potential taxpayer who proposes a	1044
project to create new jobs in this state may apply to the tax	1045
credit authority to enter into an agreement for a tax credit under	1046
this section. The director of development services shall prescribe	1047
the form of the application. After receipt of an application, the	1048
authority may enter into an agreement with the taxpayer for a	1049
credit under this section if it determines all of the following:	1050

~~(1)~~(a) The taxpayer's project will increase payroll and	1051
income tax revenue;	1052

~~(2)~~(b) The taxpayer's project is economically sound and will	1053
benefit the people of this state by increasing opportunities for	1054
employment and strengthening the economy of this state;	1055

~~(3)~~(c) Receiving the tax credit is a major factor in the	1056
taxpayer's decision to go forward with the project.	1057

(2)(a) A taxpayer that chooses to begin the project prior to	1058
receiving the determination of the authority may, upon submitting	1059
the taxpayer's application to the authority, request that the	1060
chief investment officer of the nonprofit corporation formed under	1061
section 187.01 of the Revised Code and the director review the	1062
taxpayer's application and recommend to the authority that the	1063
taxpayer's application be considered. As soon as possible after	1064
receiving such a request, the chief investment officer and the	1065
director shall review the taxpayer's application and, if they	1066
determine that the application warrants consideration by the	1067
authority, make that recommendation to the authority not later	1068
than six months after the application is received by the	1069
authority.	1070

(b) The authority shall consider any taxpayer's application	1071
for which it receives a recommendation under division (C)(2)(a) of	1072
this section. If the authority determines that the taxpayer does	1073
not meet all of the criteria set forth in division (C)(1) of this	1074
section, the authority and the development services agency shall	1075
proceed in accordance with rules adopted by the director pursuant	1076
to division (I) of this section.	1077

(D) An agreement under this section shall include all of the	1078
following:	1079

(1) A detailed description of the project that is the subject	1080
of the agreement;	1081

(2) The term of the tax credit, which shall not exceed	1082
fifteen years, and the first taxable year, or first calendar year	1083
that includes a tax period, for which the credit may be claimed;	1084

(3) A requirement that the taxpayer shall maintain operations	1085
at the project location for at least the greater of seven years or	1086
the term of the credit plus three years;	1087

(4) The percentage, as determined by the tax credit	1088
authority, of excess income tax revenue that will be allowed as	1089
the amount of the credit for each taxable year or for each	1090
calendar year that includes a tax period;	1091

(5) The pay increase factor to be applied to the taxpayer's	1092
baseline income tax revenue;	1093

(6) A requirement that the taxpayer annually shall report to	1094
the director of development services employment, tax withholding,	1095
investment, and other information the director needs to perform	1096
the director's duties under this section;	1097

(7) A requirement that the director of development services	1098
annually review the information reported under division (D)(6) of	1099
this section and verify compliance with the agreement; if the	1100
taxpayer is in compliance, a requirement that the director issue a	1101
certificate to the taxpayer stating that the information has been	1102
verified and identifying the amount of the credit that may be	1103
claimed for the taxable or calendar year;	1104

(8) A provision providing that the taxpayer may not relocate	1105
a substantial number of employment positions from elsewhere in	1106
this state to the project location unless the director of	1107
development services determines that the legislative authority of	1108
the county, township, or municipal corporation from which the	1109
employment positions would be relocated has been notified by the	1110
taxpayer of the relocation.	1111

For purposes of this section, the movement of an employment	1112
position from one political subdivision to another political	1113
subdivision shall be considered a relocation of an employment	1114
position unless the employment position in the first political	1115
subdivision is replaced.	1116

(E) If a taxpayer fails to meet or comply with any condition	1117
or requirement set forth in a tax credit agreement, the tax credit	1118
authority may amend the agreement to reduce the percentage or term	1119
of the tax credit. The reduction of the percentage or term may	1120
take effect in the current taxable or calendar year.	1121

(F) Projects that consist solely of point-of-final-purchase	1122
retail facilities are not eligible for a tax credit under this	1123
section. If a project consists of both point-of-final-purchase	1124
retail facilities and nonretail facilities, only the portion of	1125
the project consisting of the nonretail facilities is eligible for	1126
a tax credit and only the excess income tax revenue from the	1127
nonretail facilities shall be considered when computing the amount	1128
of the tax credit. If a warehouse facility is part of a	1129
point-of-final-purchase retail facility and supplies only that	1130
facility, the warehouse facility is not eligible for a tax credit.	1131
Catalog distribution centers are not considered	1132
point-of-final-purchase retail facilities for the purposes of this	1133
division, and are eligible for tax credits under this section.	1134

(G) Financial statements and other information submitted to	1135
the ~~department of~~ development services agency or the tax credit	1136
authority by an applicant or recipient of a tax credit under this	1137
section, and any information taken for any purpose from such	1138
statements or information, are not public records subject to	1139
section 149.43 of the Revised Code. However, the chairperson of	1140
the authority may make use of the statements and other information	1141
for purposes of issuing public reports or in connection with court	1142
proceedings concerning tax credit agreements under this section.	1143
Upon the request of the tax commissioner or, if the applicant or	1144
recipient is an insurance company, upon the request of the	1145
superintendent of insurance, the chairperson of the authority	1146
shall provide to the commissioner or superintendent any statement	1147
or information submitted by an applicant or recipient of a tax	1148
credit in connection with the credit. The commissioner or	1149
superintendent shall preserve the confidentiality of the statement	1150
or information.	1151

(H) A taxpayer claiming a credit under this section shall	1152
submit to the tax commissioner or, if the taxpayer is an insurance	1153
company, to the superintendent of insurance, a copy of the	1154
director of ~~development's~~development services' certificate of	1155
verification under division (D)(7) of this section with the	1156
taxpayer's tax report or return for the taxable year or for the	1157
calendar year that includes the tax period. Failure to submit a	1158
copy of the certificate with the report or return does not	1159
invalidate a claim for a credit if the taxpayer submits a copy of	1160
the certificate to the commissioner or superintendent within sixty	1161
days after the commissioner or superintendent requests it.	1162

(I) The director of development services, after consultation	1163
with the tax commissioner and the superintendent of insurance and	1164
in accordance with Chapter 119. of the Revised Code, shall adopt	1165
rules necessary to implement this section, including rules that	1166
establish a procedure to be followed by the tax credit authority	1167
and the development services agency in the event the authority	1168
considers a taxpayer's application for which it receives a	1169
recommendation under division (C)(2)(a) of this section but does	1170
not approve it. The rules may provide for recipients of tax	1171
credits under this section to be charged fees to cover	1172
administrative costs of the tax credit program. The fees collected	1173
shall be credited to the ~~tax incentive programs operating~~business	1174
assistance fund created in section 122.174 of the Revised Code. At	1175
the time the director gives public notice under division (A) of	1176
section 119.03 of the Revised Code of the adoption of the rules,	1177
the director shall submit copies of the proposed rules to the	1178
chairpersons of the standing committees on economic development in	1179
the senate and the house of representatives.	1180

(J) For the purposes of this section, a taxpayer may include	1181
a partnership, a corporation that has made an election under	1182
subchapter S of chapter one of subtitle A of the Internal Revenue	1183
Code, or any other business entity through which income flows as a	1184
distributive share to its owners. A partnership, S-corporation, or	1185
other such business entity may elect to pass the credit received	1186
under this section through to the persons to whom the income or	1187
profit of the partnership, S-corporation, or other entity is	1188
distributed. The election shall be made on the annual report	1189
required under division (D)(6) of this section. The election	1190
applies to and is irrevocable for the credit for which the report	1191
is submitted. If the election is made, the credit shall be	1192
apportioned among those persons in the same proportions as those	1193
in which the income or profit is distributed.	1194

(K) If the director of development services determines that a	1195
taxpayer who has received a credit under this section is not	1196
complying with the requirement under division (D)(3) of this	1197
section, the director shall notify the tax credit authority of the	1198
noncompliance. After receiving such a notice, and after giving the	1199
taxpayer an opportunity to explain the noncompliance, the tax	1200
credit authority may require the taxpayer to refund to this state	1201
a portion of the credit in accordance with the following:	1202

(1) If the taxpayer maintained operations at the project	1203
location for a period less than or equal to the term of the	1204
credit, an amount not exceeding one hundred per cent of the sum of	1205
any credits allowed and received under this section;	1206

(2) If the taxpayer maintained operations at the project	1207
location for a period longer than the term of the credit, but less	1208
than the greater of seven years or the term of the credit plus	1209
three years, an amount not exceeding seventy-five per cent of the	1210
sum of any credits allowed and received under this section.	1211

In determining the portion of the tax credit to be refunded	1212
to this state, the tax credit authority shall consider the effect	1213
of market conditions on the taxpayer's project and whether the	1214
taxpayer continues to maintain other operations in this state.	1215
After making the determination, the authority shall certify the	1216
amount to be refunded to the tax commissioner or superintendent of	1217
insurance, as appropriate. If the amount is certified to the	1218
commissioner, the commissioner shall make an assessment for that	1219
amount against the taxpayer under Chapter 5733., 5747., or 5751.	1220
of the Revised Code. If the amount is certified to the	1221
superintendent, the superintendent shall make an assessment for	1222
that amount against the taxpayer under Chapter 5725. or 5729. of	1223
the Revised Code. The time limitations on assessments under those	1224
chapters do not apply to an assessment under this division, but	1225
the commissioner or superintendent, as appropriate, shall make the	1226
assessment within one year after the date the authority certifies	1227
to the commissioner or superintendent the amount to be refunded.	1228

(L) On or before the first day of August each year, the	1229
director of development services shall submit a report to the	1230
governor, the president of the senate, and the speaker of the	1231
house of representatives on the tax credit program under this	1232
section. The report shall include information on the number of	1233
agreements that were entered into under this section during the	1234
preceding calendar year, a description of the project that is the	1235
subject of each such agreement, and an update on the status of	1236
projects under agreements entered into before the preceding	1237
calendar year.	1238

(M) There is hereby created the tax credit authority, which	1239
consists of the director of development services and four other	1240
members appointed as follows: the governor, the president of the	1241
senate, and the speaker of the house of representatives each shall	1242
appoint one member who shall be a specialist in economic	1243
development; the governor also shall appoint a member who is a	1244
specialist in taxation. Of the initial appointees, the members	1245
appointed by the governor shall serve a term of two years; the	1246
members appointed by the president of the senate and the speaker	1247
of the house of representatives shall serve a term of four years.	1248
Thereafter, terms of office shall be for four years. Initial	1249
appointments to the authority shall be made within thirty days	1250
after January 13, 1993. Each member shall serve on the authority	1251
until the end of the term for which the member was appointed.	1252
Vacancies shall be filled in the same manner provided for original	1253
appointments. Any member appointed to fill a vacancy occurring	1254
prior to the expiration of the term for which the member's	1255
predecessor was appointed shall hold office for the remainder of	1256
that term. Members may be reappointed to the authority. Members of	1257
the authority shall receive their necessary and actual expenses	1258
while engaged in the business of the authority. The director of	1259
development services shall serve as chairperson of the authority,	1260
and the members annually shall elect a vice-chairperson from among	1261
themselves. Three members of the authority constitute a quorum to	1262
transact and vote on the business of the authority. The majority	1263
vote of the membership of the authority is necessary to approve	1264
any such business, including the election of the vice-chairperson.	1265

The director of development services may appoint a	1266
professional employee of the ~~department of~~ development services	1267
agency to serve as the director's substitute at a meeting of the	1268
authority. The director shall make the appointment in writing. In	1269
the absence of the director from a meeting of the authority, the	1270
appointed substitute shall serve as chairperson. In the absence of	1271
both the director and the director's substitute from a meeting,	1272
the vice-chairperson shall serve as chairperson.	1273

(N) For purposes of the credits granted by this section	1274
against the taxes imposed under sections 5725.18 and 5729.03 of	1275
the Revised Code, "taxable year" means the period covered by the	1276
taxpayer's annual statement to the superintendent of insurance.	1277

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

1278

(1) "Capital investment project" means a plan of investment	1279
at a project site for the acquisition, construction, renovation,	1280
or repair of buildings, machinery, or equipment, or for	1281
capitalized costs of basic research and new product development	1282
determined in accordance with generally accepted accounting	1283
principles, but does not include any of the following:	1284

(a) Payments made for the acquisition of personal property	1285
through operating leases;	1286

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

1287

(c) Payments made to a related member as defined in section	1288
5733.042 of the Revised Code or to a consolidated elected taxpayer	1289
or a combined taxpayer as defined in section 5751.01 of the	1290
Revised Code.	1291

(2) "Eligible business" means a taxpayer and its related	1292
members with Ohio operations satisfying all of the following:	1293

(a) The taxpayer employs at least five hundred full-time	1294
equivalent employees or has an annual payroll of at least	1295
thirty-five million dollars at the time the tax credit authority	1296
grants the tax credit under this section;	1297

(b) The taxpayer makes or causes to be made payments for the	1298
capital investment project of one of the following:	1299

(i) If the taxpayer is engaged at the project site primarily	1300
as a manufacturer, at least fifty million dollars in the aggregate	1301
at the project site during a period of three consecutive calendar	1302
years, including the calendar year that includes a day of the	1303
taxpayer's taxable year or tax period with respect to which the	1304
credit is granted;	1305

(ii) If the taxpayer is engaged at the project site primarily	1306
in significant corporate administrative functions, as defined by	1307
the director of development services by rule, at least twenty	1308
million dollars in the aggregate at the project site during a	1309
period of three consecutive calendar years including the calendar	1310
year that includes a day of the taxpayer's taxable year or tax	1311
period with respect to which the credit is granted;	1312

(iii) If the taxpayer is applying to enter into an agreement	1313
for a tax credit authorized under division (B)(3) of this section,	1314
at least five million dollars in the aggregate at the project site	1315
during a period of three consecutive calendar years, including the	1316
calendar year that includes a day of the taxpayer's taxable year	1317
or tax period with respect to which the credit is granted.	1318

(c) The taxpayer had a capital investment project reviewed	1319
and approved by the tax credit authority as provided in divisions	1320
(C), (D), and (E) of this section.	1321

(3) "Full-time equivalent employees" means the quotient	1322
obtained by dividing the total number of hours for which employees	1323
were compensated for employment in the project by two thousand	1324
eighty. "Full-time equivalent employees" shall exclude hours that	1325
are counted for a credit under section 122.17 of the Revised Code.	1326

(4) "Income tax revenue" means the total amount withheld	1327
under section 5747.06 of the Revised Code by the taxpayer during	1328
the taxable year, or during the calendar year that includes the	1329
tax period, from the compensation of all employees employed in the	1330
project whose hours of compensation are included in calculating	1331
the number of full-time equivalent employees.	1332

(5) "Manufacturer" has the same meaning as in section	1333
5739.011 of the Revised Code.	1334

(6) "Project site" means an integrated complex of facilities	1335
in this state, as specified by the tax credit authority under this	1336
section, within a fifteen-mile radius where a taxpayer is	1337
primarily operating as an eligible business.	1338

(7) "Related member" has the same meaning as in section	1339
5733.042 of the Revised Code as that section existed on the	1340
effective date of its amendment by Am. Sub. H.B. 215 of the 122nd	1341
general assembly, September 29, 1997.	1342

(8) "Taxable year" includes, in the case of a domestic or	1343
foreign insurance company, the calendar year ending on the	1344
thirty-first day of December preceding the day the superintendent	1345
of insurance is required to certify to the treasurer of state	1346
under section 5725.20 or 5729.05 of the Revised Code the amount of	1347
taxes due from insurance companies.	1348

(B) The tax credit authority created under section 122.17 of	1349
the Revised Code may grant tax credits under this section for the	1350
purpose of fostering job retention in this state. Upon application	1351
by an eligible business and upon consideration of the	1352
recommendation of the director of budget and management, tax	1353
commissioner, the superintendent of insurance in the case of an	1354
insurance company, and director of development services under	1355
division (C) of this section, the tax credit authority may grant	1356
the following credits against the tax imposed by section 5725.18,	1357
5729.03, 5733.06, 5747.02, or 5751.02 of the Revised Code:	1358

(1) A nonrefundable credit to an eligible business;

1359

(2) A refundable credit to an eligible business meeting the	1360
following conditions, provided that the director of budget and	1361
management, tax commissioner, superintendent of insurance in the	1362
case of an insurance company, and director of development services	1363
have recommended the granting of the credit to the tax credit	1364
authority before July 1, 2011:	1365

(a) The business retains at least one thousand full-time	1366
equivalent employees at the project site.	1367

(b) The business makes or causes to be made payments for a	1368
capital investment project of at least twenty-five million dollars	1369
in the aggregate at the project site during a period of three	1370
consecutive calendar years, including the calendar year that	1371
includes a day of the business' taxable year or tax period with	1372
respect to which the credit is granted.	1373

(c) In 2010, the business received a written offer of	1374
financial incentives from another state of the United States that	1375
the director determines to be sufficient inducement for the	1376
business to relocate the business' operations from this state to	1377
that state.	1378

(3) A refundable credit to an eligible business with a total	1379
annual payroll of at least twenty million dollars, provided that	1380
the tax credit authority grants the tax credit on or after July 1,	1381
2011, and before January 1, 2014.	1382

The credits authorized in divisions (B)(1), (2), and (3) of	1383
this section may be granted for a period up to fifteen taxable	1384
years or, in the case of the tax levied by section 5751.02 of the	1385
Revised Code, for a period of up to fifteen calendar years. The	1386
credit amount for a taxable year or a calendar year that includes	1387
the tax period for which a credit may be claimed equals the income	1388
tax revenue for that year multiplied by the percentage specified	1389
in the agreement with the tax credit authority. The percentage may	1390
not exceed seventy-five per cent. The credit shall be claimed in	1391
the order required under section 5725.98, 5729.98, 5733.98,	1392
5747.98, or 5751.98 of the Revised Code. In determining the	1393
percentage and term of the credit, the tax credit authority shall	1394
consider both the number of full-time equivalent employees and the	1395
value of the capital investment project. The credit amount may not	1396
be based on the income tax revenue for a calendar year before the	1397
calendar year in which the tax credit authority specifies the tax	1398
credit is to begin, and the credit shall be claimed only for the	1399
taxable years or tax periods specified in the eligible business'	1400
agreement with the tax credit authority. In no event shall the	1401
credit be claimed for a taxable year or tax period terminating	1402
before the date specified in the agreement. Any credit granted	1403
under this section against the tax imposed by section 5733.06 or	1404
5747.02 of the Revised Code, to the extent not fully utilized	1405
against such tax for taxable years ending prior to 2008, shall	1406
automatically be converted without any action taken by the tax	1407
credit authority to a credit against the tax levied under Chapter	1408
5751. of the Revised Code for tax periods beginning on or after	1409
July 1, 2008, provided that the person to whom the credit was	1410
granted is subject to such tax. The converted credit shall apply	1411
to those calendar years in which the remaining taxable years	1412
specified in the agreement end.	1413

If a nonrefundable credit allowed under division (B)(1) of	1414
this section for a taxable year or tax period exceeds the	1415
taxpayer's tax liability for that year or period, the excess may	1416
be carried forward for the three succeeding taxable or calendar	1417
years, but the amount of any excess credit allowed in any taxable	1418
year or tax period shall be deducted from the balance carried	1419
forward to the succeeding year or period.	1420

(C) A taxpayer that proposes a capital investment project to	1421
retain jobs in this state may apply to the tax credit authority to	1422
enter into an agreement for a tax credit under this section. The	1423
director of development services shall prescribe the form of the	1424
application. After receipt of an application, the authority shall	1425
forward copies of the application to the director of budget and	1426
management, the tax commissioner, the superintendent of insurance	1427
in the case of an insurance company, and the director of	1428
development services, each of whom shall review the application to	1429
determine the economic impact the proposed project would have on	1430
the state and the affected political subdivisions and shall submit	1431
a summary of their determinations and recommendations to the	1432
authority.	1433

(D) Upon review and consideration of the determinations and	1434
recommendations described in division (C) of this section, the tax	1435
credit authority may enter into an agreement with the taxpayer for	1436
a credit under this section if the authority determines all of the	1437
following:	1438

(1) The taxpayer's capital investment project will result in	1439
the retention of employment in this state.	1440

(2) The taxpayer is economically sound and has the ability to	1441
complete the proposed capital investment project.	1442

(3) The taxpayer intends to and has the ability to maintain	1443
operations at the project site for at least the greater of (a) the	1444
term of the credit plus three years, or (b) seven years.	1445

(4) Receiving the credit is a major factor in the taxpayer's	1446
decision to begin, continue with, or complete the project.	1447

(5) If the taxpayer is applying to enter into an agreement	1448
for a tax credit authorized under division (B)(3) of this section,	1449
the taxpayer's capital investment project will be located in the	1450
political subdivision in which the taxpayer maintains its	1451
principal place of business.	1452

(E) An agreement under this section shall include all of the	1453
following:	1454

(1) A detailed description of the project that is the subject	1455
of the agreement, including the amount of the investment, the	1456
period over which the investment has been or is being made, the	1457
number of full-time equivalent employees at the project site, and	1458
the anticipated income tax revenue to be generated.	1459

(2) The term of the credit, the percentage of the tax credit,	1460
the maximum annual value of tax credits that may be allowed each	1461
year, and the first year for which the credit may be claimed.	1462

(3) A requirement that the taxpayer maintain operations at	1463
the project site for at least the greater of (a) the term of the	1464
credit plus three years, or (b) seven years.	1465

(4)(a) In the case of a credit granted under division (B)(1)	1466
of this section, a requirement that the taxpayer retain at least	1467
five hundred full-time equivalent employees at the project site	1468
and within this state for the entire term of the credit, or a	1469
requirement that the taxpayer maintain an annual payroll of at	1470
least thirty-five million dollars for the entire term of the	1471
credit;	1472

(b) In the case of a credit granted under division (B)(2) of	1473
this section, a requirement that the taxpayer retain at least one	1474
thousand full-time equivalent employees at the project site and	1475
within this state for the entire term of the credit;	1476

(c) In the case of a credit granted under division (B)(3) of	1477
this section, either of the following:	1478

(i) A requirement that the taxpayer retain at least five	1479
hundred full-time equivalent employees at the project site and	1480
within this state for the entire term of the credit and a	1481
requirement that the taxpayer maintain an annual payroll of at	1482
least twenty million dollars for the entire term of the credit;	1483

(ii) A requirement that the taxpayer maintain an annual	1484
payroll of at least thirty-five million dollars for the entire	1485
term of the credit.	1486

(5) A requirement that the taxpayer annually report to the	1487
director of development services employment, tax withholding,	1488
capital investment, and other information the director needs to	1489
perform the director's duties under this section.	1490

(6) A requirement that the director of development services	1491
annually review the annual reports of the taxpayer to verify the	1492
information reported under division (E)(5) of this section and	1493
compliance with the agreement. Upon verification, the director	1494
shall issue a certificate to the taxpayer stating that the	1495
information has been verified and identifying the amount of the	1496
credit for the taxable year or calendar year that includes the tax	1497
period. In determining the number of full-time equivalent	1498
employees, no position shall be counted that is filled by an	1499
employee who is included in the calculation of a tax credit under	1500
section 122.17 of the Revised Code.	1501

(7) A provision providing that the taxpayer may not relocate	1502
a substantial number of employment positions from elsewhere in	1503
this state to the project site unless the director of development	1504
services determines that the taxpayer notified the legislative	1505
authority of the county, township, or municipal corporation from	1506
which the employment positions would be relocated.	1507

For purposes of this section, the movement of an employment	1508
position from one political subdivision to another political	1509
subdivision shall be considered a relocation of an employment	1510
position unless the movement is confined to the project site. The	1511
transfer of an employment position from one political subdivision	1512
to another political subdivision shall not be considered a	1513
relocation of an employment position if the employment position in	1514
the first political subdivision is replaced by another employment	1515
position.	1516

(8) A waiver by the taxpayer of any limitations periods	1517
relating to assessments or adjustments resulting from the	1518
taxpayer's failure to comply with the agreement.	1519

(F) If a taxpayer fails to meet or comply with any condition	1520
or requirement set forth in a tax credit agreement, the tax credit	1521
authority may amend the agreement to reduce the percentage or term	1522
of the credit. The reduction of the percentage or term may take	1523
effect in the current taxable or calendar year.	1524

(G) Financial statements and other information submitted to	1525
the department of development services or the tax credit authority	1526
by an applicant for or recipient of a tax credit under this	1527
section, and any information taken for any purpose from such	1528
statements or information, are not public records subject to	1529
section 149.43 of the Revised Code. However, the chairperson of	1530
the authority may make use of the statements and other information	1531
for purposes of issuing public reports or in connection with court	1532
proceedings concerning tax credit agreements under this section.	1533
Upon the request of the tax commissioner, or the superintendent of	1534
insurance in the case of an insurance company, the chairperson of	1535
the authority shall provide to the commissioner or superintendent	1536
any statement or other information submitted by an applicant for	1537
or recipient of a tax credit in connection with the credit. The	1538
commissioner or superintendent shall preserve the confidentiality	1539
of the statement or other information.	1540

(H) A taxpayer claiming a tax credit under this section shall	1541
submit to the tax commissioner or, in the case of an insurance	1542
company, to the superintendent of insurance, a copy of the	1543
director of ~~development's~~development services' certificate of	1544
verification under division (E)(6) of this section with the	1545
taxpayer's tax report or return for the taxable year or for the	1546
calendar year that includes the tax period. Failure to submit a	1547
copy of the certificate with the report or return does not	1548
invalidate a claim for a credit if the taxpayer submits a copy of	1549
the certificate to the commissioner or superintendent within sixty	1550
days after the commissioner or superintendent requests it.	1551

(I) For the purposes of this section, a taxpayer may include	1552
a partnership, a corporation that has made an election under	1553
subchapter S of chapter one of subtitle A of the Internal Revenue	1554
Code, or any other business entity through which income flows as a	1555
distributive share to its owners. A partnership, S-corporation, or	1556
other such business entity may elect to pass the credit received	1557
under this section through to the persons to whom the income or	1558
profit of the partnership, S-corporation, or other entity is	1559
distributed. The election shall be made on the annual report	1560
required under division (E)(5) of this section. The election	1561
applies to and is irrevocable for the credit for which the report	1562
is submitted. If the election is made, the credit shall be	1563
apportioned among those persons in the same proportions as those	1564
in which the income or profit is distributed.	1565

(J) If the director of development services determines that a	1566
taxpayer that received a tax credit under this section is not	1567
complying with the requirement under division (E)(3) of this	1568
section, the director shall notify the tax credit authority of the	1569
noncompliance. After receiving such a notice, and after giving the	1570
taxpayer an opportunity to explain the noncompliance, the	1571
authority may terminate the agreement and require the taxpayer to	1572
refund to the state all or a portion of the credit claimed in	1573
previous years, as follows:	1574

(1) If the taxpayer maintained operations at the project site	1575
for less than or equal to the term of the credit, an amount not to	1576
exceed one hundred per cent of the sum of any tax credits allowed	1577
and received under this section.	1578

(2) If the taxpayer maintained operations at the project site	1579
longer than the term of the credit, but less than the greater of	1580
(a) the term of the credit plus three years, or (b) seven years,	1581
the amount required to be refunded shall not exceed seventy-five	1582
per cent of the sum of any tax credits allowed and received under	1583
this section.	1584

In determining the portion of the credit to be refunded to	1585
this state, the authority shall consider the effect of market	1586
conditions on the taxpayer's project and whether the taxpayer	1587
continues to maintain other operations in this state. After making	1588
the determination, the authority shall certify the amount to be	1589
refunded to the tax commissioner or the superintendent of	1590
insurance. If the taxpayer is not an insurance company, the	1591
commissioner shall make an assessment for that amount against the	1592
taxpayer under Chapter 5733., 5747., or 5751. of the Revised Code.	1593
If the taxpayer is an insurance company, the superintendent of	1594
insurance shall make an assessment under section 5725.222 or	1595
5729.102 of the Revised Code. The time limitations on assessments	1596
under those chapters and sections do not apply to an assessment	1597
under this division, but the commissioner or superintendent shall	1598
make the assessment within one year after the date the authority	1599
certifies to the commissioner or superintendent the amount to be	1600
refunded.	1601

(K) The director of development services, after consultation	1602
with the tax commissioner and the superintendent of insurance and	1603
in accordance with Chapter 119. of the Revised Code, shall adopt	1604
rules necessary to implement this section. The rules may provide	1605
for recipients of tax credits under this section to be charged	1606
fees to cover administrative costs of the tax credit program. The	1607
fees collected shall be credited to the ~~tax incentive programs~~	1608
~~operating~~business assistance fund created in section 122.174 of	1609
the Revised Code. At the time the director gives public notice	1610
under division (A) of section 119.03 of the Revised Code of the	1611
adoption of the rules, the director shall submit copies of the	1612
proposed rules to the chairpersons of the standing committees on	1613
economic development in the senate and the house of	1614
representatives.	1615

(L) On or before the first day of August of each year, the	1616
director of development services shall submit a report to the	1617
governor, the president of the senate, and the speaker of the	1618
house of representatives on the tax credit program under this	1619
section. The report shall include information on the number of	1620
agreements that were entered into under this section during the	1621
preceding calendar year, a description of the project that is the	1622
subject of each such agreement, and an update on the status of	1623
projects under agreements entered into before the preceding	1624
calendar year.	1625

(M)(1) The aggregate amount of tax credits issued under	1626
division (B)(1) of this section during any calendar year for	1627
capital investment projects reviewed and approved by the tax	1628
credit authority may not exceed the following amounts:	1629

(a) For 2010, thirteen million dollars;

1630

(b) For 2011 through 2023, the amount of the limit for the	1631
preceding calendar year plus thirteen million dollars;	1632

(c) For 2024 and each year thereafter, one hundred	1633
ninety-five million dollars.	1634

(2) The aggregate amount of tax credits authorized under	1635
divisions (B)(2) and (3) of this section and allowed to be claimed	1636
by taxpayers in any calendar year for capital improvement projects	1637
reviewed and approved by the tax credit authority in 2011, 2012,	1638
and 2013 combined shall not exceed twenty-five million dollars. An	1639
amount equal to the aggregate amount of credits first authorized	1640
in calendar year 2011, 2012, and 2013 may be claimed over the	1641
ensuing period up to fifteen years, subject to the terms of	1642
individual tax credit agreements.	1643

The limitations in division (M) of this section do not apply	1644
to credits for capital investment projects approved by the tax	1645
credit authority before July 1, 2009.	1646

Sec. 122.174. There is hereby created in the state treasury	1647
the ~~tax incentive programs operating~~business assistance fund.	1648
~~Money collected~~The fund shall consist of any amounts appropriated	1649
to it and money credited to the fund pursuant to division (I) of	1650
section 121.17, division (K) of section 122.171, division (K) of	1651
section 122.175, division (C) of section 3735.672, and division	1652
(C) of section 5709.68 of the Revised Code ~~shall be credited to~~	1653
~~the fund~~. The director of development services shall use money in	1654
the fund to pay expenses related to the administration of the ~~tax~~	1655
~~credit programs authorized by sections 122.17, 122.171, 3735.672,~~	1656
~~and 5709.68 of the Revised Code~~business services division of the	1657
development services agency.	1658

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

1659

(1) "Capital investment project" means a plan of investment	1660
at a project site for the acquisition, construction, renovation,	1661
expansion, replacement, or repair of a computer data center or of	1662
computer data center equipment, but does not include any of the	1663
following:	1664

(a) Project costs paid before a date determined by the tax	1665
credit authority for each capital investment project;	1666

(b) Payments made to a related member as defined in section	1667
5733.042 of the Revised Code or to a consolidated elected taxpayer	1668
or a combined taxpayer as defined in section 5751.01 of the	1669
Revised Code.	1670

(2) "Computer data center" means a facility used or to be	1671
used primarily to house computer data center equipment used or to	1672
be used in conducting a computer data center business, as	1673
determined by the tax credit authority.	1674

(3) "Computer data center business" means, as may be further	1675
determined by the tax credit authority, a business that provides	1676
electronic information services as defined in division (Y)(1)(c)	1677
of section 5739.01 of the Revised Code. "Computer data center	1678
business" does not include providing electronic publishing as	1679
defined in division (LLL) of that section.	1680

(4) "Computer data center equipment" means tangible personal	1681
property used or to be used for any of the following:	1682

(a) To conduct a computer data center business, including	1683
equipment cooling systems to manage the performance of computer	1684
data center equipment;	1685

(b) To generate, transform, transmit, distribute, or manage	1686
electricity necessary to operate the tangible personal property	1687
used or to be used in conducting a computer data center business;	1688

(c) As building and construction materials sold to	1689
construction contractors for incorporation into a computer data	1690
center.	1691

(5) "Eligible computer data center" means a computer data	1692
center that satisfies all of the following requirements:	1693

(a) The taxpayer will make payments for a capital investment	1694
project of at least one hundred million dollars in the aggregate	1695
at the project site during a period of three consecutive calendar	1696
years;	1697

(b) The taxpayer will pay annual compensation that is subject	1698
to the withholding obligation imposed under section 5747.06 of the	1699
Revised Code of at least five million dollars to employees	1700
employed at the project site for the term of the agreement.	1701

(6) "Person" has the same meaning as in section 5701.01 of	1702
the Revised Code.	1703

(7) "Project site," "related member," and "tax credit	1704
authority" have the same meanings as in sections 122.17 and	1705
122.171 of the Revised Code.	1706

(8) "Taxpayer" means any person subject to the taxes imposed	1707
under Chapters 5739. and 5741. of the Revised Code.	1708

(B) The tax credit authority may completely or partially	1709
exempt from the taxes levied under Chapters 5739. and 5741. of the	1710
Revised Code the sale, storage, use, or other consumption of	1711
computer data center equipment used or to be used at an eligible	1712
computer data center. Any such exemption shall extend to charges	1713
for the delivery, installation, or repair of the computer data	1714
center equipment subject to the exemption under this section.	1715

(C) A taxpayer that proposes a capital improvement project	1716
for an eligible computer data center in this state may apply to	1717
the tax credit authority to enter into an agreement under this	1718
section for a complete or partial exemption from the taxes imposed	1719
under Chapters 5739. and 5741. of the Revised Code on computer	1720
data center equipment used or to be used at the eligible computer	1721
data center. The director of development services shall prescribe	1722
the form of the application. After receipt of an application, the	1723
authority shall forward copies of the application to the director	1724
of budget and management, the tax commissioner, and the director	1725
of development services, each of whom shall review the application	1726
to determine the economic impact that the proposed eligible	1727
computer data center would have on the state and any affected	1728
political subdivisions and submit to the authority a summary of	1729
their determinations and recommendations.	1730

(D) Upon review and consideration of such determinations and	1731
recommendations, the tax credit authority may enter into an	1732
agreement with the taxpayer for a complete or partial exemption	1733
from the taxes imposed under Chapters 5739. and 5741. of the	1734
Revised Code on computer data center equipment used or to be used	1735
at an eligible computer data center if the authority determines	1736
all of the following:	1737

(1) The taxpayer's capital investment project for the	1738
eligible computer data center will increase payroll and the amount	1739
of income taxes to be withheld from employee compensation pursuant	1740
to section 5747.06 of the Revised Code.	1741

(2) The taxpayer is economically sound and has the ability to	1742
complete the proposed capital investment project.	1743

(3) The taxpayer intends to and has the ability to maintain	1744
operations at the project site for the term of the agreement.	1745

(4) Receiving the exemption is a major factor in the	1746
taxpayer's decision to begin, continue with, or complete the	1747
capital investment project.	1748

(E) An agreement entered into under this section shall	1749
include all of the following:	1750

(1) A detailed description of the capital investment project	1751
that is the subject of the agreement, including the amount of the	1752
investment, the period over which the investment has been or is	1753
being made, the annual compensation to be paid by the taxpayer to	1754
its employees at the project site, and the anticipated amount of	1755
income taxes to be withheld from employee compensation pursuant to	1756
section 5747.06 of the Revised Code.	1757

(2) The percentage of the exemption from the taxes imposed	1758
under Chapters 5739. and 5741. of the Revised Code for the	1759
computer data center equipment used or to be used at the eligible	1760
computer data center, the length of time the computer data center	1761
equipment will be exempted, and the first date on which the	1762
exemption applies.	1763

(3) A requirement that the taxpayer maintain the computer	1764
data center as an eligible computer data center during the term of	1765
the agreement and that the taxpayer maintain operations at the	1766
eligible computer data center during that term.	1767

(4) A requirement that during each year of the term of the	1768
agreement the taxpayer pay annual compensation that is subject to	1769
the withholding obligation imposed under section 5747.06 of the	1770
Revised Code of at least five million dollars to its employees at	1771
the eligible computer data center.	1772

(5) A requirement that the taxpayer annually report to the	1773
director of development services employment, tax withholding,	1774
capital investment, and other information required by the director	1775
to perform the director's duties under this section.	1776

(6) A requirement that the director of development services	1777
annually review the annual reports of the taxpayer to verify the	1778
information reported under division (E)(5) of this section and	1779
compliance with the agreement. Upon verification, the director	1780
shall issue a certificate to the taxpayer stating that the	1781
information has been verified and that the taxpayer remains	1782
eligible for the exemption specified in the agreement.	1783

(7) A provision providing that the taxpayer may not relocate	1784
a substantial number of employment positions from elsewhere in	1785
this state to the project site unless the director of development	1786
services determines that the taxpayer notified the legislative	1787
authority of the county, township, or municipal corporation from	1788
which the employment positions would be relocated. For purposes of	1789
this paragraph, the movement of an employment position from one	1790
political subdivision to another political subdivision shall be	1791
considered a relocation of an employment position unless the	1792
movement is confined to the project site. The transfer of an	1793
employment position from one political subdivision to another	1794
political subdivision shall not be considered a relocation of an	1795
employment position if the employment position in the first	1796
political subdivision is replaced by another employment position.	1797

(8) A waiver by the taxpayer of any limitations periods	1798
relating to assessments or adjustments resulting from the	1799
taxpayer's failure to comply with the agreement.	1800

(F) The term of an agreement under this section shall be	1801
determined by the tax credit authority, and the amount of the	1802
exemption shall not exceed one hundred per cent of such taxes that	1803
would otherwise be owed in respect to the exempted computer data	1804
center equipment.	1805

(G) If a taxpayer fails to meet or comply with any condition	1806
or requirement set forth in an agreement under this section, the	1807
tax credit authority may amend the agreement to reduce the	1808
percentage of the exemption or term during which the exemption	1809
applies to the computer data center equipment used or to be used	1810
at an eligible computer data center. The reduction of the	1811
percentage or term may take effect in the current calendar year.	1812

(H) Financial statements and other information submitted to	1813
the department of development services or the tax credit authority	1814
by an applicant for or recipient of an exemption under this	1815
section, and any information taken for any purpose from such	1816
statements or information, are not public records subject to	1817
section 149.43 of the Revised Code. However, the chairperson of	1818
the authority may make use of the statements and other information	1819
for purposes of issuing public reports or in connection with court	1820
proceedings concerning tax exemption agreements under this	1821
section. Upon the request of the tax commissioner, the chairperson	1822
of the authority shall provide to the tax commissioner any	1823
statement or other information submitted by an applicant for or	1824
recipient of an exemption under this section. The tax commissioner	1825
shall preserve the confidentiality of the statement or other	1826
information.	1827

(I) The tax commissioner shall issue a direct payment permit	1828
under section 5739.031 of the Revised Code to a taxpayer that	1829
enters into an agreement under this section. Such direct payment	1830
permit shall authorize the taxpayer to pay any sales and use taxes	1831
due on purchases of computer data center equipment used or to be	1832
used in an eligible computer data center and to pay any sales and	1833
use taxes due on purchases of tangible personal property or	1834
taxable services other than computer data center equipment used or	1835
to be used in an eligible computer data center directly to the tax	1836
commissioner. Each taxpayer shall pay pursuant to such direct	1837
payment permit all sales tax levied on such purchases under	1838
sections 5739.02, 5739.021, 5739.023, and 5739.026 of the Revised	1839
Code and all use tax levied on such purchases under sections	1840
5741.02, 5741.021, 5741.022, and 5741.023 of the Revised Code,	1841
consistent with the terms of the agreement entered into under this	1842
section.	1843

During the term of an agreement under this section the	1844
taxpayer shall submit to the tax commissioner a return that shows	1845
the amount of computer data center equipment purchased for use at	1846
the eligible computer data center, the amount of tangible personal	1847
property and taxable services other than computer data center	1848
equipment purchased for use at the eligible computer data center,	1849
the amount of tax under Chapter 5739. or 5741. of the Revised Code	1850
that would be due in the absence of the agreement under this	1851
section, the exemption percentage for computer data center	1852
equipment specified in the agreement, and the amount of tax due	1853
under Chapter 5739. or 5741. of the Revised Code as a result of	1854
the agreement under this section. The taxpayer shall pay the tax	1855
shown on the return to be due in the manner and at the times as	1856
may be further prescribed by the tax commissioner. The taxpayer	1857
shall include a copy of the director of ~~development's~~development	1858
services' certificate of verification issued under division (E)(6)	1859
of this section. Failure to submit a copy of the certificate with	1860
the return does not invalidate the claim for exemption if the	1861
taxpayer submits a copy of the certificate to the tax commissioner	1862
within sixty days after the tax commissioner requests it.	1863

(J) If the director of development services determines that a	1864
taxpayer that received an exemption under this section is not	1865
complying with the requirement under division (E)(3) of this	1866
section, the director shall notify the tax credit authority of the	1867
noncompliance. After receiving such a notice, and after giving the	1868
taxpayer an opportunity to explain the noncompliance, the	1869
authority may terminate the agreement and require the taxpayer to	1870
pay to the state all or a portion of the taxes that would have	1871
been owed in regards to the exempt equipment in previous years,	1872
all as determined under rules adopted pursuant to division (K) of	1873
this section. In determining the portion of the taxes that would	1874
have been owed on the previously exempted equipment to be paid to	1875
this state by the taxpayer, the authority shall consider the	1876
effect of market conditions on the taxpayer's eligible computer	1877
data center and whether the taxpayer continues to maintain other	1878
operations in this state. After making the determination, the	1879
authority shall certify to the tax commissioner the amount to be	1880
paid by the taxpayer. The tax commissioner shall make an	1881
assessment for that amount against the taxpayer under Chapter	1882
5739. or 5741. of the Revised Code. The time limitations on	1883
assessments under those chapters do not apply to an assessment	1884
under this division, but the tax commissioner shall make the	1885
assessment within one year after the date the authority certifies	1886
to the tax commissioner the amount to be paid by the taxpayer.	1887

(K) The director of development services, after consultation	1888
with the tax commissioner and in accordance with Chapter 119. of	1889
the Revised Code, shall adopt rules necessary to implement this	1890
section. The rules may provide for recipients of tax exemptions	1891
under this section to be charged fees to cover administrative	1892
costs incurred in the administration of this section. The fees	1893
collected shall be credited to the ~~tax incentive programs~~	1894
~~operating~~business assistance fund created in section 122.174 of	1895
the Revised Code. At the time the director gives public notice	1896
under division (A) of section 119.03 of the Revised Code of the	1897
adoption of the rules, the director shall submit copies of the	1898
proposed rules to the chairpersons of the standing committees on	1899
economic development in the senate and the house of	1900
representatives.	1901

(L) On or before the first day of August of each year, the	1902
director of development services shall submit a report to the	1903
governor, the president of the senate, and the speaker of the	1904
house of representatives on the tax exemption authorized under	1905
this section. The report shall include information on the number	1906
of agreements that were entered into under this section during the	1907
preceding calendar year, a description of the eligible computer	1908
data center that is the subject of each such agreement, and an	1909
update on the status of eligible computer data centers under	1910
agreements entered into before the preceding calendar year.	1911

Sec. 122.39. As used in sections 122.39 and 122.41 to 122.62	1912
of the Revised Code:	1913

(A) "Financial institution" means any banking corporation,	1914
trust company, insurance company, savings and loan association,	1915
building and loan association, or corporation, partnership,	1916
federal lending agency, foundation, or other institution engaged	1917
in lending or investing funds for industrial or business purposes.	1918

(B) "Project" means any real or personal property connected	1919
with or being a part of an industrial, distribution, commercial,	1920
or research facility to be acquired, constructed, reconstructed,	1921
enlarged, improved, furnished, or equipped, or any combination	1922
thereof, with aid furnished pursuant to Chapter 122. of the	1923
Revised Code, for industrial, commercial, distribution, and	1924
research development of the state.	1925

(C) "Community improvement corporation" means a corporation	1926
organized under Chapter 1724. of the Revised Code.	1927

(D) "Ohio development corporation" means a corporation	1928
organized under Chapter 1726. of the Revised Code.	1929

(E) "Mortgage" means the lien imposed on a project by a	1930
mortgage on real property, or by financing statements on personal	1931
property, or by a combination of a mortgage and financing	1932
statements when a project consists of both real and personal	1933
property.	1934

(F) "Mortgagor" means the principal user of a project or the	1935
person, corporation, partnership, or association unconditionally	1936
guaranteeing performance by such principal user of its obligations	1937
under the mortgage.	1938

Sec. 122.41. ~~(A)~~ The ~~development financing advisory council~~	1939
~~and the~~ director of development ~~are~~services is invested with the	1940
powers and duties provided in Chapter 122. of the Revised Code, in	1941
order to promote the welfare of the people of the state, to	1942
stabilize the economy, to provide employment, to assist in the	1943
development within the state of industrial, commercial,	1944
distribution, and research activities required for the people of	1945
the state, and for their gainful employment, or otherwise to	1946
create or preserve jobs and employment opportunities, or improve	1947
the economic welfare of the people of the state, and also to	1948
assist in the financing of air, water, or thermal pollution	1949
control facilities and solid waste disposal facilities by mortgage	1950
insurance as provided in section 122.451 of the Revised Code. It	1951
is hereby determined that the accomplishment of such purposes is	1952
essential so that the people of the state may maintain their	1953
present high standards in comparison with the people of other	1954
states and so that opportunities for employment and for favorable	1955
markets for the products of the state's natural resources,	1956
agriculture, and manufacturing shall be improved and that it is	1957
necessary for the state to establish the programs authorized	1958
pursuant to Chapter 122. of the Revised Code~~, to establish the~~	1959
~~development financing advisory council,~~ and to invest ~~it and~~ the	1960
director of development services with the powers and duties	1961
provided in Chapter 122. of the Revised Code. The powers granted	1962
to the director ~~of development~~ by Chapter 165. of the Revised Code	1963
are independent of and in addition and alternate to, and are not	1964
limited or restricted by, Chapter 122. of the Revised Code.	1965

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

1966

~~(1) Make recommendations to the director of development as to~~	1967
~~applications for assistance pursuant to sections 122.39 to 122.62~~	1968
~~or Chapter 166. of the Revised Code. The council may revise its~~	1969
~~recommendations to reflect any changes in the proposed assistance~~	1970
~~made by the director.~~	1971

~~(2) Advise the director in the administration of sections~~	1972
~~122.39 to 122.62 and Chapter 166. of the Revised Code;~~	1973

~~(3) Adopt bylaws to govern the conduct of the council's~~	1974
~~business.~~	1975

Sec. 122.42. (A) The director of development services shall	1976
do all of the following:	1977

(1) Receive applications for assistance under sections 122.39	1978
and 122.41 to 122.62 of the Revised Code~~, and, after processing,~~	1979
~~forward them to the development financing advisory board together~~	1980
~~with necessary supporting information~~;	1981

(2) ~~Receive the recommendations of the board and make~~Make a	1982
final determination whether to approve the application for	1983
assistance;	1984

(3) Transmit determinations to approve assistance to the	1985
controlling board together with any information the controlling	1986
board requires for the board's review and decision as to whether	1987
to approve the assistance;	1988

(4) Issue revenue bonds of the state through the treasurer of	1989
state, as necessary, payable solely from revenues and other	1990
sources as provided in sections 122.39 and 122.41 to 122.62 of the	1991
Revised Code.	1992

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

1993

(1) Fix the rate of interest and charges to be made upon or	1994
with respect to moneys loaned by the director and the terms upon	1995
which mortgages and lease rentals may be guaranteed and the rates	1996
of charges to be made for the loans and guarantees and to make	1997
provisions for the operation of the funds established by the	1998
director in accordance with this section and sections 122.54,	1999
122.55, 122.56, and 122.57 of the Revised Code;	2000

(2) Loan moneys from the fund established in accordance with	2001
section 122.54 of the Revised Code pursuant to and in compliance	2002
with sections 122.39 and 122.41 to 122.62 of the Revised Code;	2003

(3) Acquire in the name of the director any property of any	2004
kind or character in accordance with sections 122.39 and 122.41 to	2005
122.62 of the Revised Code, by purchase, purchase at foreclosure,	2006
or exchange on such terms and in such manner as the director	2007
considers proper;	2008

(4) Make and enter into all contracts and agreements	2009
necessary or incidental to the performance of the director's	2010
duties and the exercise of the director's powers under sections	2011
122.39 and 122.41 to 122.62 of the Revised Code;	2012

(5) Maintain, protect, repair, improve, and insure any	2013
property which the director has acquired and dispose of the same	2014
by sale, exchange, or lease for the consideration and on the terms	2015
and in the manner as the director considers proper, but is not	2016
authorized to operate any such property as a business except as	2017
the lessor of the property;	2018

(6)(a) When the cost of any contract for the maintenance,	2019
protection, repair, or improvement of any property held by the	2020
director other than compensation for personal services involves an	2021
expenditure of more than one thousand dollars, the director shall	2022
make a written contract with the lowest responsive and responsible	2023
bidder in accordance with section 9.312 of the Revised Code after	2024
advertisement for not less than two consecutive weeks in a	2025
newspaper of general circulation in the county where such	2026
contract, or some substantial part of it, is to be performed, and	2027
in such other publications as the director determines, which	2028
notice shall state the general character of the work and the	2029
general character of the materials to be furnished, the place	2030
where plans and specifications may be examined, and the time and	2031
place of receiving bids.	2032

(b) Each bid for a contract for the construction, demolition,	2033
alteration, repair, or reconstruction of an improvement shall	2034
contain the full name of every person interested in it and meet	2035
the requirements of section 153.54 of the Revised Code.	2036

(c) Each bid for a contract, except as provided in division	2037
(B)(6)(b) of this section, shall contain the full name of every	2038
person interested in it and shall be accompanied by bond or	2039
certified check on a solvent bank, in such amount as the director	2040
considers sufficient, that if the bid is accepted a contract will	2041
be entered into and the performance of the proposal secured.	2042

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

2043

(e) A bond with good and sufficient surety, approved by the	2044
director, shall be required of every contractor awarded a contract	2045
except as provided in division (B)(6)(b) of this section, in an	2046
amount equal to at least fifty per cent of the contract price,	2047
conditioned upon faithful performance of the contract.	2048

(7) Employ financial consultants, appraisers, consulting	2049
engineers, superintendents, managers, construction and accounting	2050
experts, attorneys, and other employees and agents as are	2051
necessary in the director's judgment and fix their compensation;	2052

(8) Assist qualified persons in the coordination and	2053
formation of a small business development company, having a	2054
statewide area of operation, conditional upon the company's	2055
agreeing to seek to obtain certification from the federal small	2056
business administration as a certified statewide development	2057
company and participation in the guaranteed loan program	2058
administered by the small business administration pursuant to the	2059
Act of July 2, 1980, 94 Stat. 837, 15 U.S.C.A. 697. During the	2060
initial period of formation of the statewide small business	2061
development company, the director shall provide technical and	2062
financial expertise, legal and managerial assistance, and other	2063
services as are necessary and proper to enable the company to	2064
obtain and maintain federal certification and participation in the	2065
federal guaranteed loan program. The director may charge a fee, in	2066
such amount and on such terms and conditions as the director	2067
determines necessary and proper, for assistance and services	2068
provided pursuant to division (B)(8) of this section.	2069

Persons chosen by the director to receive assistance in the	2070
formation of a statewide small business development company	2071
pursuant to division (B)(8) of this section shall make a special	2072
effort to use their participation in the federal guaranteed loan	2073
program to assist small businesses which are minority business	2074
enterprises as defined in division (E) of section 122.71 of the	2075
Revised Code. The director, with the assistance of the minority	2076
business development division of the department of development,	2077
shall provide technical and financial expertise, legal and	2078
managerial assistance, and other services in such a manner to	2079
enable the development company to provide assistance to small	2080
businesses which are minority business enterprises, and shall make	2081
available to the development company information pertaining to	2082
assistance available to minority business enterprises under	2083
programs established pursuant to sections 122.71 to 122.83, 122.87	2084
to 122.89, 122.92 to 122.94, 123.151, and 125.081 of the Revised	2085
Code.	2086

(9) Receive and accept grants, gifts, and contributions of	2087
money, property, labor, and other things of value to be held,	2088
used, and applied only for the purpose for which such grants,	2089
gifts, and contributions are made, from individuals, private and	2090
public corporations, from the United States or any agency of the	2091
United States, from the state or any agency of the state, and from	2092
any political subdivision of the state, and may agree to repay any	2093
contribution of money or to return any property contributed or the	2094
value of the property at such times, in such amounts, and on such	2095
terms and conditions, excluding the payment of interest, as the	2096
director determines at the time such contribution is made, and may	2097
evidence such obligations by notes, bonds, or other written	2098
instruments;	2099

(10) Establish with the treasurer of state the funds provided	2100
in sections 122.54, 122.55, 122.56, and 122.57 of the Revised	2101
Code, in addition to such funds as the director determines are	2102
necessary or proper;	2103

(11) Do all acts and things necessary or proper to carry out	2104
the powers expressly granted and the duties imposed in sections	2105
122.39 and 122.41 to 122.62 and Chapter 163. of the Revised Code.	2106

(C) All expenses and obligations incurred by the director in	2107
carrying out the director's powers and in exercising the	2108
director's duties under sections 122.39 and 122.41 to 122.62 of	2109
the Revised Code, shall be payable solely from the proceeds of	2110
revenue bonds issued pursuant to those sections, from revenues or	2111
other receipts or income of the director, from grants, gifts, and	2112
contributions, or funds established in accordance with those	2113
sections. Those sections do not authorize the director to incur	2114
indebtedness or to impose liability on the state or any political	2115
subdivision of the state.	2116

(D) Financial statements and financial data submitted to the	2117
director by any corporation, partnership, or person in connection	2118
with a loan application, or any information taken from such	2119
statements or data for any purpose, shall not be open to public	2120
inspection.	2121

Sec. 122.43. The director of development services, with	2122
controlling board approval, may lend funds which are obtained from	2123
the sale of revenue bonds issued by the treasurer of state	2124
pursuant to sections 122.39 and 122.41 to 122.62 of the Revised	2125
Code, from revenues or other receipts or income of the director,	2126
or funds established in accordance with sections 122.39 and 122.41	2127
to 122.62 of the Revised Code, and from grants, gifts, and	2128
contributions subject to any provisions of resolutions authorizing	2129
the revenue bonds or of trust agreements securing such bonds, to	2130
community improvement corporations and Ohio development	2131
corporations and other corporations, partnerships, and persons for	2132
the purpose of procuring or improving real or personal property,	2133
or both, for the establishment, location, or expansion of	2134
industrial, distribution, commercial, or research facilities in	2135
the state, and to community improvement corporations and Ohio	2136
development corporations for the purpose of loaning funds to other	2137
corporations, partnerships, and persons for the purpose of	2138
procuring or improving real or personal property, or both, for the	2139
establishment, location, or expansion of industrial, distribution,	2140
commercial, or research facilities in the state, if the director	2141
finds that:	2142

(A) The project is economically sound and will benefit the	2143
people of the state by increasing opportunities for employment and	2144
strengthening the economy of the state;	2145

(B) The proposed borrower, if other than a community	2146
improvement corporation or an Ohio development corporation, is	2147
unable to finance the proposed project through ordinary financial	2148
channels upon reasonable terms and at comparable interest rates,	2149
or the borrower, if a community improvement corporation or an Ohio	2150
development corporation, should not, in the opinion of the	2151
director, be required to finance the proposed project without a	2152
loan from the director;	2153

(C) The value of the project is, or upon completion thereof	2154
will be, at least equal to the total amount of the money expended	2155
in such procurement or improvement of which amount one or more	2156
financial institutions have loaned or invested not less than forty	2157
per cent;	2158

(D) The amount to be loaned by the director will not exceed	2159
fifty per cent of the total amount expended in the procurement or	2160
improvement of the project;	2161

(E) The amount to be loaned by the director will be	2162
adequately secured by a first or second mortgage upon the project,	2163
and by mortgages, leases, liens, assignments, or pledges on or of	2164
such other property or contracts as the director shall require and	2165
that such mortgage will not be subordinate to any other liens or	2166
mortgages except the liens securing loans or investments made by	2167
financial institutions referred to in division (C) of this	2168
section, and the liens securing loans previously made by any	2169
financial institution in connection with the procurement or	2170
expansion of all or part of a project.	2171

In no event may the ~~direectorDIRECTOR~~director lend funds	2172
under the authority of this section for the purpose of procuring	2173
or improving motor vehicles, power driven vehicles, office	2174
equipment, raw materials, small tools, supplies, inventories, or	2175
accounts receivable.	2176

Sec. 122.44. Fees, charges, rates of interest, times of	2177
payment of interest and principal, and other terms, conditions,	2178
and provisions of the loans made by the director of development	2179
services pursuant to sections 122.39 and 122.41 to 122.62 of the	2180
Revised Code shall be such as the director determines to be	2181
appropriate and in furtherance of the purpose for which the loans	2182
are made, but the mortgage lien securing any money loaned by the	2183
director may be subordinate to the mortgage lien securing any	2184
money loaned or invested by a financial institution, but shall be	2185
superior to that securing any money loaned or expended by any	2186
other corporation or person. The funds used in making such loans	2187
shall be disbursed upon order of the director.	2188

Sec. 122.48. Each issue of revenue bonds issued by the	2189
treasurer of state pursuant to sections 122.39 and 122.41 to	2190
122.62 of the Revised Code, shall be dated, shall bear interest at	2191
a rate or rates or at a variable rate, as provided in or	2192
authorized by the proceedings authorizing or providing for the	2193
terms and conditions of the revenue bonds, shall mature at such	2194
time or times, not to exceed forty years from date, as determined	2195
by the director of development services and may be made redeemable	2196
before maturity at the option of the director at such price or	2197
prices and under such terms and conditions as are fixed by the	2198
director prior to the issuance of the bonds. The director shall	2199
determine the form of the bonds, including any interest coupons to	2200
be attached thereto, and the denomination or denominations of the	2201
bonds and the place or places of payment of principal and	2202
interest, which may be at any bank or trust company within or	2203
without the state.	2204

The bonds shall be executed by the signature or facsimile	2205
signature of the treasurer of state, the official seal or a	2206
facsimile thereof of the state shall be affixed thereto and	2207
attested by the treasurer of state or designated treasurer of	2208
state, and any coupons attached thereto shall bear the facsimile	2209
signature of the treasurer of state. In case the person whose	2210
signature, or a facsimile of whose signature, appears on any bonds	2211
or coupons ceases to be such officer before delivery of bonds or	2212
in case such person was not at the date of such bonds or coupons	2213
such officer but at the actual date of execution of such bonds or	2214
coupons was the proper officer, such signature or facsimile shall	2215
nevertheless be valid and sufficient for all purposes the same as	2216
if hethe person had remained in office until such delivery.	2217

All revenue bonds issued under sections 122.39 and 122.41 to	2218
122.62 of the Revised Code, shall be negotiable instruments. The	2219
bonds may be issued in coupon or in registered form or both, as	2220
the treasurer determines. Provision may be made for the	2221
registration of any coupon bonds as to the principal alone and	2222
also as to both principal and interest, and for the reconversion	2223
into coupon bonds of any bonds registered as to both principal and	2224
interest. The treasurer of state may sell such bonds in the manner	2225
and for the price hethe treasurer of state determines to be for	2226
the best interest of the state.	2227

Prior to the preparation of definitive bonds, the treasurer	2228
of state may, under like restrictions, issue interim receipts or	2229
temporary bonds, with or without coupons, exchangeable for	2230
definitive bonds when such bonds have been executed and are	2231
available for delivery. The treasurer of state may also provide	2232
for the replacement of any bonds which become mutilated or are	2233
destroyed, stolen, or lost. Bonds may be issued under sections	2234
122.39 to 122.62 of the Revised Code, without obtaining the	2235
consent of any department, division, commission, board, bureau, or	2236
agency of the state, and without any other proceeding or the	2237
happening of any other conditions or things than those	2238
proceedings, conditions, or things which are specifically required	2239
by such sections.	2240

Sec. 122.49. The proceeds of each issue of revenue bonds	2241
issued pursuant to sections 122.39 and 122.41 to 122.62 of the	2242
Revised Code shall be used for the making of loans authorized in	2243
sections 122.43 and 122.45 of the Revised Code, for the purchase	2244
and improvement of property authorized in section 122.46 of the	2245
Revised Code, for insuring mortgage payments authorized in section	2246
122.451 of the Revised Code, and for the crediting into and among	2247
the funds established in accordance with sections 122.35, 122.54,	2248
122.55, 122.56, 122.561, and 122.57 of the Revised Code, but	2249
subject to such conditions, limitations, and covenants with the	2250
purchasers and holders of the bonds as shall be provided for in	2251
the bond authorization proceedings and in the trust agreement	2252
securing the same.	2253

Provision shall be made by the director of development	2254
services for the payment of the expenses of the director in	2255
operating the assistance programs authorized under this chapter in	2256
such manner and to such extent as shall be determined by the	2257
director.	2258

Sec. 122.50. Revenue bonds issued under sections 122.39 and	2259
122.41 to 122.62, inclusive, of the Revised Code, do not	2260
constitute a debt, or a pledge of the faith and credit, of the	2261
state or of any political subdivision thereof, but such bonds	2262
shall be payable solely from the funds pledged for their payment	2263
as authorized by such sections, or by funds derived from the	2264
issuance of refunding bonds as authorized in section 122.52 of the	2265
Revised Code, which refunding bonds shall be payable solely from	2266
funds pledged for their payment as authorized by such section. All	2267
such revenue bonds shall contain on the face thereof a statement	2268
to the effect that the bonds, as to both principal and interest,	2269
are not an obligation of the state or of any political subdivision	2270
thereof, but are payable solely from revenues pledged for their	2271
payment.	2272

Sec. 122.51. All revenue bonds issued under sections 122.39	2273
and 122.41 to 122.62, inclusive, of the Revised Code, are lawful	2274
investments of banks, building and loan and savings and loan	2275
associations, deposit guarantee associations, trust companies,	2276
trustees, fiduciaries, trustees or other officers having charge of	2277
sinking or bond retirement funds of municipal corporations and	2278
other subdivisions of this state, and of domestic insurance	2279
companies notwithstanding sections 3907.14 and 3925.08 of the	2280
Revised Code, and are acceptable as security for the deposit of	2281
public moneys.	2282

Sec. 122.52. The director of development services may	2283
provide for the issuance of revenue refunding bonds of the state	2284
by the treasurer of state, payable solely from the sinking funds	2285
established in accordance with section 122.51 of the Revised Code	2286
at the times and in the order and manner provided by the director	2287
and in any trust agreement securing such bonds and shall also be	2288
secured by moneys in the other funds established pursuant to	2289
sections 122.39 and 122.41 to 122.62 of the Revised Code to the	2290
extent and on the terms specified by the director, for the purpose	2291
of refunding any revenue bonds then outstanding which have been	2292
issued under sections 122.39 and 122.41 to 122.62 of the Revised	2293
Code, including the payment of any redemption premium thereon and	2294
any interest accrued or to accrue to the date of redemption of	2295
such bonds. The issuance of such bonds, the maturities and other	2296
details thereof, the rights of the holders thereof, and the	2297
rights, duties, and obligations of the director and treasurer of	2298
state in respect to such bonds shall be governed by such sections	2299
insofar as they are applicable.	2300

Sec. 122.53. In the discretion of the treasurer of state,	2301
any bonds issued under sections 122.39 and 122.41 to 122.62 of the	2302
Revised Code, may be secured by a trust agreement between the	2303
treasurer of state and a corporate trustee, which trustee may be	2304
any trust company or bank having the powers of a trust company	2305
within or without the state.	2306

Any such trust agreement may pledge or assign payments of	2307
principal of and interest on loans, charges, fees, and other	2308
revenue to be received by the director of development services,	2309
all rentals received under leases made by the director, and all	2310
proceeds of the sale or other disposition of property held by the	2311
director, and may provide for the holding in trust by the trustee	2312
to the extent provided for in the proceedings authorizing such	2313
bonds, of all such moneys and moneys otherwise payable into the	2314
mortgage guarantee fund created by section 122.56 of the Revised	2315
Code, and all moneys otherwise payable into the mortgage insurance	2316
fund created by section 122.561 of the Revised Code, and of moneys	2317
payable into the sinking fund or funds referred to in section	2318
122.57 of the Revised Code, but shall not convey or mortgage any	2319
of the real or personal property held by the director or any part	2320
thereof. Any such trust agreement, or any proceedings providing	2321
for the issuance of such bonds, may contain such provisions for	2322
protecting and enforcing the rights and remedies of the	2323
bondholders as are reasonable and proper and not in violation of	2324
law, including covenants setting forth the duties of the director	2325
in relation to the acquisition of property, and the construction,	2326
improvement, maintenance, repair, operation, and insurance of	2327
facilities, the making of loans and leases and the terms and	2328
provisions thereof, and the custody, safeguarding, investment, and	2329
application of all moneys, and provisions for the employment of	2330
consulting engineers or other consultants in connection with the	2331
making of loans and leases and the construction or operation of	2332
any facility. Any bank or trust company incorporated under the	2333
laws of this state which may act as trustee or as depository of	2334
the proceeds of bonds or of revenue may furnish such indemnifying	2335
bonds or may pledge such securities as are required by the	2336
treasurer of state. Any such trust agreement may set forth the	2337
rights and remedies of the bondholders and of the trustee, and may	2338
restrict the individual right of action by bondholders as is	2339
customary in trust agreements or trust indentures securing bonds	2340
or debentures of corporations. Such trust agreement may contain	2341
such other provisions as the treasurer of state deems reasonable	2342
and proper for the security of the bondholders. All expenses	2343
incurred by the treasurer of state in carrying out the provisions	2344
of any such trust agreement shall be treated as a part of the cost	2345
of the operation of the assistance programs authorized pursuant to	2346
Chapter 122. of the Revised Code. Any such trust agreement may	2347
provide the method whereby general administrative overhead expense	2348
of the director with respect to those assistance programs shall be	2349
allocated among the funds established pursuant to Chapter 122. of	2350
the Revised Code with respect to the operating expenses of the	2351
director payable out of the income of the assistance programs.	2352

Sec. 122.561. The mortgage insurance fund of the director of	2353
development services is hereby created to consist of all money	2354
allocated by the director from the proceeds of the sale of any	2355
issue of revenue bonds, to the extent and subject to the	2356
conditions provided in the proceedings authorizing such bonds or	2357
in the trust agreements securing such bonds, for the purpose of	2358
insuring mortgage payments pursuant to section 122.451 of the	2359
Revised Code, all grants and contributions made to the director	2360
for such purpose, all moneys deposited or credited to the mortgage	2361
insurance fund pursuant to section 169.05 of the Revised Code, all	2362
other moneys and property designated by the director and by law	2363
for such purpose, all mortgage insurance premiums charged and	2364
collected as provided in this section, and all receipts and	2365
proceeds from the sale, disposal, lease, or rental of real or	2366
personal property which the director may hold as a result of a	2367
default in an insured mortgage. The director shall fix mortgage	2368
insurance premiums for the insurance of mortgage payments pursuant	2369
to section 122.451 of the Revised Code, to be computed as a	2370
percentage of the principal obligation of the mortgage outstanding	2371
at the beginning of each mortgage year. Such insurance premiums	2372
shall not be more than three per cent per annum of the outstanding	2373
principal obligation, and shall be calculated on the basis of all	2374
pertinent available data. Such premiums shall be payable by the	2375
mortgagors or the mortgagees in such manner as is prescribed by	2376
the director. The amount of premium need not be uniform among the	2377
various mortgages insured. The director may provide for the	2378
custody, investment, and use of the unclaimed funds trust fund	2379
created by section 169.05 of the Revised Code and all mortgage	2380
insurance premiums, including the payment therefrom of the	2381
expenses and costs of the director in insuring mortgage payments	2382
pursuant to section 122.451 of the Revised Code. Any financial	2383
statements or financial data submitted to the director~~, the~~	2384
~~development financing advisory council,~~ or the controlling board	2385
in connection with any application for the insurance of mortgage	2386
payments, or any information taken from such statements or data,	2387
is not open to public inspection.	2388

Sec. 122.57. All payments of principal of and interest on	2389
the loans made by the director of development services, all	2390
rentals received under leases made by ~~him~~the director, and all	2391
proceeds of the sale or other disposition of property held by ~~him~~	2392
the director shall be placed in separate sinking funds to the	2393
extent provided in the proceedings authorizing revenue bonds which	2394
are hereby pledged to and charged with the payment of interest on,	2395
principal of and redemption premium on, the revenue bonds issued	2396
pursuant to sections 122.39 and 122.41 to 122.62 of the Revised	2397
Code to the extent provided in the proceedings authorizing and the	2398
trust agreements securing such bonds. The moneys therein in excess	2399
of the amounts required by the bond proceedings and trust	2400
agreements and all payments not so required to be paid into such	2401
sinking funds shall be retained or placed in such fund or in the	2402
other funds provided for by sections 122.35, 122.54, 122.42,	2403
122.55, 122.56, 122.561, and 122.57 of the Revised Code as the	2404
director shall determine, and shall be available for the uses for	2405
which such funds are established.	2406

Sec. 122.60. As used in sections 122.60 to 122.605 of the	2407
Revised Code:	2408

(A) "Capital access loan" means a loan made by a	2409
participating financial institution to an eligible business that	2410
may be secured by a deposit of money from the fund into the	2411
participating financial institution's program reserve account.	2412

(B) "Department of development" means the ~~department of~~	2413
development services agency.	2414

(C) "Eligible business" means a for-profit business entity,	2415
or a nonprofit entity, that had total annual sales in its most	2416
recently completed fiscal year of less than ten million dollars	2417
and that has a principal place of for-profit business or nonprofit	2418
entity activity within the state, the operation of which, alone or	2419
in conjunction with other facilities, will create new jobs or	2420
preserve existing jobs and employment opportunities and will	2421
improve the economic welfare of the people of the state. As used	2422
in this division, "new jobs" does not include existing jobs	2423
transferred from another facility within the state, and "existing	2424
jobs" means only existing jobs at facilities within the same	2425
municipal corporation or township in which the project, activity,	2426
or enterprise that is the subject of a capital access loan is	2427
located.	2428

(D) "Financial institution" means any bank, trust company,	2429
savings bank, or savings and loan association that is chartered by	2430
and has a significant presence in the state, or any national bank,	2431
federal savings and loan association, or federal savings bank that	2432
has a significant presence in the state.	2433

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

2434

(F) "Minority business supplier development council" has the	2435
same meaning as in section 122.71 of the Revised Code.	2436

(G) "Participating financial institution" means a financial	2437
institution that has a valid, current participation agreement with	2438
the ~~department~~development services agency.	2439

~~(G)~~(H) "Participation agreement" means the agreement between	2440
a financial institution and the ~~department~~agency under which a	2441
financial institution may participate in the program.	2442

~~(H)~~(I) "Passive real estate ownership" means the ownership of	2443
real estate for the sole purpose of deriving income from it by	2444
speculation, trade, or rental.	2445

~~(I)~~(J) "Program" means the capital access loan program	2446
created under section 122.602 of the Revised Code.	2447

~~(J)~~(K) "Program reserve account" means a dedicated account at	2448
each participating financial institution that is the property of	2449
the state and may be used by the participating financial	2450
institution only for the purpose of recovering a claim under	2451
section 122.604 of the Revised Code arising from a default on a	2452
loan made by the participating financial institution under the	2453
program.	2454

Sec. 122.601. There is hereby created in the state treasury	2455
the capital access loan program fund. The fund shall consist of	2456
money deposited into it from the minority business enterprise loan	2457
fund pursuant to section 122.80 of the Revised Code and the	2458
facilities establishment fund pursuant to section 166.03 of the	2459
Revised Code and all money deposited into it pursuant to section	2460
122.602 of the Revised Code. The total amount of money deposited	2461
into the fund from the minority business enterprise loan fund or	2462
the facilities establishment fund shall not exceed three million	2463
dollars during any particular fiscal year of the ~~department~~	2464
development services agency.	2465

The ~~department~~agency shall disburse money from the fund only	2466
to pay the operating costs of the program, including the	2467
administrative costs incurred by the ~~department~~agency in	2468
connection with the program, and only in keeping with the purposes	2469
specified in sections 122.60 to 122.605 of the Revised Code.	2470

Sec. 122.602. (A) There is hereby created in the department	2471
of development the capital access loan program to assist	2472
participating financial institutions in making program loans to	2473
eligible businesses that face barriers in accessing working	2474
capital and obtaining fixed asset financing. In administering the	2475
program, the director of development may do any of the following:	2476

(1) Receive and accept grants, gifts, and contributions of	2477
money, property, labor, and other things of value to be held,	2478
used, and applied only for the purpose for which the grants,	2479
gifts, and contributions are made, from individuals, private and	2480
public corporations, the United States or any agency of the United	2481
States, the state or any agency of the state, or any political	2482
subdivision of the state;	2483

(2) Agree to repay any contribution of money or return any	2484
property contributed or the value of that property at the times,	2485
in the amounts, and on the terms and conditions, excluding the	2486
payment of interest, that the director consents to at the time a	2487
contribution is made; and evidence obligations by notes, bonds, or	2488
other written instruments;	2489

(3) Adopt rules under Chapter 119. of the Revised Code to	2490
carry out the purposes of the program specified in sections 122.60	2491
to 122.605 of the Revised Code;	2492

(4) Engage in all other acts, and enter into contracts and	2493
execute all instruments, necessary or appropriate to carry out the	2494
purposes specified in sections 122.60 to 122.605 of the Revised	2495
Code.	2496

(B) The director shall determine the eligibility of a	2497
financial institution to participate in the program and may set a	2498
limit on the number of financial institutions that may participate	2499
in the program.	2500

(C) To be considered eligible by the director to participate	2501
in the program, a financial institution shall enter into a	2502
participation agreement with the department that sets out the	2503
terms and conditions under which the department will deposit	2504
moneys from the fund into the financial institution's program	2505
reserve account, specifies the criteria for loan qualification	2506
under the program, and contains any additional terms the director	2507
considers necessary.	2508

(D) After receiving the certification required under division	2509
(C) of section 122.603 of the Revised Code, the director may	2510
disburse moneys from the fund to a participating financial	2511
institution for deposit in its program reserve account if the	2512
director determines that the capital access loan involved meets	2513
all of the following criteria:	2514

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

2515

(2) It will be used by the eligible business for a project,	2516
activity, or enterprise that fosters economic development.	2517

(3) It will not be made in order to enroll in the program	2518
prior debt that is not covered under the program and that is owed	2519
or was previously owed by an eligible business to the financial	2520
institution.	2521

(4) It will not be utilized for a project or development	2522
related to the on-site construction or purchase of residential	2523
housing.	2524

(5) It will not be used to finance passive real estate	2525
ownership.	2526

(6) It conforms to the requirements of divisions (E), (F),	2527
(G), (H), and (I) of this section, and to the rules adopted by the	2528
director under division (A)(3) of this section.	2529

(E) The director shall not approve a deposit amount from the	2530
fund for a capital access loan to an eligible business that	2531
exceeds two hundred fifty thousand dollars for working capital or	2532
five hundred thousand dollars for the purchase of fixed assets. An	2533
eligible business may apply for the maximum deposit amount offor	2534
both working capital and the purchase of fixed assets in the same	2535
capital access loan enrollment.	2536

(F) A financial institution may apply to the director for the	2537
approval of a capital access loan to any business that is owned or	2538
operated by a person that has previously defaulted under any state	2539
financial assistance program.	2540

(G) Eligible businesses that apply for a capital access loan	2541
shall comply with section 9.66 of the Revised Code.	2542

(H) A financial institution may apply to the director for the	2543
approval of a capital access loan that refinances a nonprogram	2544
loan made by another financial institution.	2545

(I) The director shall not approve a capital access loan that	2546
refinances a nonprogram loan made by the same financial	2547
institution, unless the amount of the refinanced loan exceeds the	2548
existing debt, in which case only the amount exceeding the	2549
existing debt is eligible for a loan under the program.	2550

Sec. 122.603. (A)(1) Upon approval by the director of	2551
development services and after entering into a participation	2552
agreement with the ~~department of~~ development services agency, a	2553
participating financial institution making a capital access loan	2554
shall establish a program reserve account. The account shall be an	2555
interest-bearing account and shall contain only moneys deposited	2556
into it under the program and the interest payable on the moneys	2557
in the account.	2558

(2) All interest payable on the moneys in the program reserve	2559
account shall be added to the moneys and held as an additional	2560
loss reserve. The director may require that a portion or all of	2561
the accrued interest so held in the account be released to the	2562
~~department~~agency. If the director causes a release of accrued	2563
interest, the director shall deposit the released amount into the	2564
capital access loan program fund created in section 122.601 of the	2565
Revised Code. The director shall not require the release of that	2566
accrued interest more than twice in a fiscal year.	2567

(B) When a participating financial institution makes a	2568
capital access loan, it shall require the eligible business to pay	2569
to the participating financial institution a fee in an amount that	2570
is not less than one and one-half per cent, and not more than	2571
three per cent, of the principal amount of the loan. The	2572
participating financial institution shall deposit the fee into its	2573
program reserve account, and it also shall deposit into the	2574
account an amount of its own funds equal to the amount of the fee.	2575
The participating financial institution may recover from the	2576
eligible business all or part of the amount that the participating	2577
financial institution is required to deposit into the account	2578
under this division in any manner agreed to by the participating	2579
financial institution and the eligible business.	2580

(C) For each capital access loan made by a participating	2581
financial institution, the participating financial institution	2582
shall certify to the director, within a period specified by the	2583
director, that the participating financial institution has made	2584
the loan. The certification shall include the amount of the loan,	2585
the amount of the fee received from the eligible business, the	2586
amount of its own funds that the participating financial	2587
institution deposited into its program reserve account to reflect	2588
that fee, and any other information specified by the director. The	2589
certification also shall indicate if the eligible business	2590
receiving the capital access loan is a minority business	2591
enterprise as defined in section 122.71 of the Revised Code or	2592
certified by the minority business supplier development council.	2593

(D)(1)(a) Upon receipt of each of the first three	2594
certifications from a participating financial institution made	2595
under division (C) of this section and subject to section 122.602	2596
of the Revised Code, the director shall disburse to the	2597
participating financial institution from the capital access loan	2598
program fund an amount ~~equal~~not to exceed fifty per cent of the	2599
principal amount of the particular capital access loan for deposit	2600
into the participating financial institution's program reserve	2601
account. Thereafter, upon receipt of a certification from that	2602
participating financial institution made under division (C) of	2603
this section and subject to section 122.602 of the Revised Code,	2604
the director shall disburse to the participating financial	2605
institution from the capital access loan program fund an amount	2606
equal to ten per cent of the principal amount of the particular	2607
capital access loan for deposit into the participating financial	2608
institution's program reserve account.	2609

(b) Notwithstanding division (D)(1)(a) of this section, and	2610
subject to section 122.602 of the Revised Code, upon receipt of	2611
any certification from a participating financial institution made	2612
under division (C) of this section with respect to a capital	2613
access loan made to an eligible business that is a minority	2614
business enterprise, the director shall disburse to the	2615
participating financial institution from the capital access loan	2616
program fund an amount ~~equal~~not to exceed eighty per cent of the	2617
principal amount of the particular capital access loan for deposit	2618
into the participating financial institution's program reserve	2619
account.	2620

(2) The disbursement of moneys from the fund to a	2621
participating financial institution does not require approval from	2622
the controlling board.	2623

(E) If the amount in a program reserve account exceeds an	2624
amount equal to thirty-three per cent of a participating financial	2625
institution's outstanding capital access loans, the ~~department~~	2626
agency may cause the withdrawal of the excess amount and the	2627
deposit of the withdrawn amount into the capital access loan	2628
program fund.	2629

(F)(1) The ~~department~~agency may cause the withdrawal of the	2630
total amount in a participating financial institution's program	2631
reserve account if any of the following applies:	2632

(a) The financial institution is no longer eligible to	2633
participate in the program.	2634

(b) The participation agreement expires without renewal by	2635
the ~~department~~agency or the financial institution.	2636

(c) The financial institution has no outstanding capital	2637
access loans.	2638

(d) The financial institution has not made a capital access	2639
loan within the preceding twenty-four months.	2640

(2) If the ~~department~~agency causes a withdrawal under	2641
division (F)(1) of this section, the ~~department~~agency shall	2642
deposit the withdrawn amount into the capital access loan program	2643
fund.	2644

Sec. 122.61. The exercise of the powers granted by sections	2645
122.39 and 122.41 to 122.62 of the Revised Code, will be in all	2646
respects for the benefit of the people of the state, for the	2647
increase of their commerce and prosperity, and for the improvement	2648
of conditions of employment, and will constitute the performance	2649
of essential governmental functions; therefore the director of	2650
development services shall not be required to pay any taxes upon	2651
any of property or assets held by ~~him~~the director, or upon any	2652
property acquired or used by ~~him~~the director under sections	2653
122.39 and 122.41 to 122.62 of the Revised Code, or upon the	2654
income therefrom, provided, such exemption shall not apply to any	2655
property held by the director while it is in the possession of a	2656
private person, partnership, or corporation and used for private	2657
purposes for profit. The bonds, notes, or other obligations issued	2658
under such sections, their transfer, and the income therefrom,	2659
including any profit made on the sale thereof, shall at all times	2660
be free from taxation within the state.	2661

Sec. 122.62. All moneys received under sections 122.39 and	2662
122.41 to 122.62 of the Revised Code as proceeds from the sale of	2663
bonds are trust funds. All moneys received under those sections	2664
shall be held and applied solely as provided in such sections and	2665
section 166.03 of the Revised Code. All such moneys, except as	2666
otherwise provided in any proceedings authorizing revenue bonds or	2667
in any trust agreement securing such bonds or except when	2668
deposited with the treasurer of state, or except as they may be	2669
invested pursuant to section 122.58 of the Revised Code, shall be	2670
kept in depositories as selected by the director of development	2671
services in the manner provided in sections 135.01 to 135.21 of	2672
the Revised Code, insofar as such sections are applicable, and the	2673
deposits shall be secured as provided in sections 135.01 to 135.21	2674
of the Revised Code. The proceedings authorizing the issuance of	2675
bonds of any issue or the trust agreement securing such bonds	2676
shall provide that any official to whom, or any bank or trust	2677
company to which, such moneys are paid, shall act as trustee of	2678
such moneys and hold and apply them for the purposes of sections	2679
122.39 and 122.41 to 122.62 of the Revised Code, subject to such	2680
rules as such sections and such bond issuance proceedings or trust	2681
agreement provide.	2682

Sec. 122.64. (A) There is hereby established in the	2683
~~department of~~ development services agency a business services	2684
division ~~of economic development~~. The division shall be supervised	2685
by a deputy director appointed by the director of development	2686
services.	2687

The division is responsible for the administration of the	2688
state economic development financing programs established pursuant	2689
to sections 122.17 and 122.18, sections 122.39 and 122.41 to	2690
122.62, and Chapter 166. of the Revised Code ~~and for coordinating~~	2691
~~the activities of the development financing advisory council so as~~	2692
~~to ensure the efficient administration of the programs~~.	2693

(B) The director of development services shall:

2694

(1) ~~Appoint an individual to serve as director of the~~	2695
~~development financing advisory council;~~	2696

~~(2)~~ Receive applications for assistance pursuant to sections	2697
122.39 and 122.41 to 122.62 and Chapter 166. of the Revised Code.	2698
The director shall process the applications ~~and, except as~~	2699
~~provided in division (C)(2) of section 166.05 of the Revised Code,~~	2700
~~forward them to the development financing advisory council. As~~	2701
~~appropriate, the director shall receive the recommendations of the~~	2702
~~council as to applications for assistance~~.	2703

~~(3)~~(2) With the approval of the director of administrative	2704
services, establish salary schedules for employees of the various	2705
positions of employment with the division and assign the various	2706
positions to those salary schedules;	2707

~~(4) Furnish and pay for, out of funds appropriated to the~~	2708
~~department of development for that purpose, office space and~~	2709
~~associated utilities service, for the development financing~~	2710
~~advisory council;~~	2711

~~(5)~~(3) Employ and fix the compensation of financial	2712
consultants, appraisers, consulting engineers, superintendents,	2713
managers, construction and accounting experts, attorneys, and	2714
other agents for the assistance programs authorized pursuant to	2715
sections 122.17 and 122.18, sections 122.39 and 122.41 to 122.62,	2716
and Chapter 166. of the Revised Code as are necessary;	2717

~~(6)~~(4) Supervise the administrative operations of the	2718
division;	2719

~~(7)~~(5) On or before the first day of October in each year,	2720
make an annual report of the activities and operations under	2721
assistance programs authorized pursuant to sections 122.39 and	2722
122.41 to 122.62 and Chapter 166. of the Revised Code for the	2723
preceding fiscal year to the governor and the general assembly.	2724
Each such report shall set forth a complete operating and	2725
financial statement covering such activities and operations during	2726
the year in accordance with generally accepted accounting	2727
principles and shall be audited by a certified public accountant.	2728
The director of development services shall transmit a copy of the	2729
audited financial report to the office of budget and management.	2730

Sec. 122.76. (A) The director of development services, with	2731
controlling board approval, may lend funds to minority business	2732
enterprises and to community improvement corporations, Ohio	2733
development corporations, minority contractors business assistance	2734
organizations, and minority business supplier development councils	2735
for the purpose of loaning funds to minority business enterprises	2736
and for the purpose of procuring or improving real or personal	2737
property, or both, for the establishment, location, or expansion	2738
of industrial, distribution, commercial, or research facilities in	2739
the state, and to community development corporations that	2740
predominantly benefit minority business enterprises or are located	2741
in a census tract that has a population that is sixty per cent or	2742
more minority if the director determines, in the director's sole	2743
discretion, that all of the following apply:	2744

(1) The project is economically sound and will benefit the	2745
people of the state by increasing opportunities for employment, by	2746
strengthening the economy of the state, or expanding minority	2747
business enterprises.	2748

(2) The proposed minority business enterprise borrower is	2749
unable to finance the proposed project through ordinary financial	2750
channels at comparable terms.	2751

(3) The value of the project is or, upon completion, will be	2752
at least equal to the total amount of the money expended in the	2753
procurement or improvement of the project.	2754

(4) The amount to be loaned by the director will not exceed	2755
~~sixty~~seventy-five per cent of the total amount expended in the	2756
procurement or improvement of the project.	2757

(5) The amount to be loaned by the director will be	2758
adequately secured by a first or second mortgage upon the project	2759
or by mortgages, leases, liens, assignments, or pledges on or of	2760
other property or contracts as the director requires, and such	2761
mortgage will not be subordinate to any other liens or mortgages	2762
except the liens securing loans or investments made by financial	2763
institutions referred to in division (A)(3) of this section, and	2764
the liens securing loans previously made by any financial	2765
institution in connection with the procurement or expansion of all	2766
or part of a project.	2767

(B) Any proposed minority business enterprise borrower	2768
submitting an application for assistance under this section shall	2769
not have defaulted on a previous loan from the director, and no	2770
full or limited partner, major shareholder, or holder of an equity	2771
interest of the proposed minority business enterprise borrower	2772
shall have defaulted on a loan from the director.	2773

(C) The proposed minority business enterprise borrower shall	2774
demonstrate to the satisfaction of the director that it is able to	2775
successfully compete in the private sector if it obtains the	2776
necessary financial, technical, or managerial support and that	2777
support is available through the director, the minority business	2778
development office of the department of development, or other	2779
identified and acceptable sources. In determining whether a	2780
minority business enterprise borrower will be able to successfully	2781
compete, the director may give consideration to such factors as	2782
the successful completion of or participation in courses of study,	2783
recognized by the board of regents as providing financial,	2784
technical, or managerial skills related to the operation of the	2785
business, by the economically disadvantaged individual, owner, or	2786
partner, and the prior success of the individual, owner, or	2787
partner in personal, career, or business activities, as well as to	2788
other factors identified by the director.	2789

(D) The director shall not lend funds for the purpose of	2790
procuring or improving motor vehicles or accounts receivable.	2791

Sec. 122.80. There is hereby created in the state treasury	2792
the minority business enterprise loan fund. The fund shall consist	2793
of money deposited into the fund from the facilities establishment	2794
fund pursuant to section 166.03 of the Revised Code and all money	2795
deposited into the fund pursuant to section 122.81 of the Revised	2796
Code. The director of development shall use the fund to pay	2797
operating costs of the minority development financing advisory	2798
board, make loans to minority business enterprises as authorized	2799
in division (A) of section 122.76 of the Revised Code ~~and~~, loan	2800
guarantees to small businesses as authorized in division (A) of	2801
section 122.77 of the Revised Code, and for transfer to the	2802
capital access loan program fund established in section 122.601 of	2803
the Revised Code.	2804

Sec. 122.86. (A) As used in this section and section 5747.81	2805
of the Revised Code:	2806

(1) "Small business enterprise" means a corporation,	2807
pass-through entity, or other person satisfying all of the	2808
following:	2809

(a) At the time of a qualifying investment, the enterprise	2810
meets all of the following requirements:	2811

(i) Has no outstanding tax or other liabilities owed to the	2812
state;	2813

(ii) Is in good standing with the secretary of state, if the	2814
enterprise is required to be registered with the secretary;	2815

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

2816

(iv) Is not engaged in any illegal activity.

2817

(b) At the time of a qualifying investment, the enterprise's	2818
assets according to generally accepted accounting principles do	2819
not exceed fifty million dollars, or its annual sales do not	2820
exceed ten million dollars;. When making this determination, the	2821
assets and annual sales of all of the enterprise's related or	2822
affiliated entities shall be included in the calculation.	2823

~~(b)~~(c) The enterprise employs at least fifty full-time	2824
equivalent employees in this state for whom the enterprise is	2825
required to withhold income tax under section 5747.06 of the	2826
Revised Code, or more than one-half the enterprise's total number	2827
of full-time equivalent employees employed anywhere in the United	2828
States are employed in this state and are subject to that	2829
withholding requirement.	2830

~~(c)~~(d) The enterprise, within six months after an eligible	2831
investor's qualifying investment is made, invests in or incurs	2832
cost for one or more of the following in an amount at least equal	2833
to the amount of the qualifying investment:	2834

(i) Tangible personal property, other than motor vehicles	2835
operated on public roads and highways, used in business and	2836
physically located in this state from the time of its acquisition	2837
by the enterprise until the end of the investor's holding period;	2838

(ii) Motor vehicles operated on public roads and highways if,	2839
from the time of acquisition by the enterprise until the end of	2840
the investor's holding period, the motor vehicles are purchased in	2841
this state, registered in this state under Chapter 4503. of the	2842
Revised Code, are used primarily for business purposes, and are	2843
necessary for the operation of the enterprise's business;	2844

(iii) Real property located in this state that is used in	2845
business from the time of its acquisition by the enterprise until	2846
the end of the holding period;	2847

(iv) Intangible personal property, including patents,	2848
copyrights, trademarks, service marks, or licenses used in	2849
business primarily in this state from the time of its acquisition	2850
by the enterprise until the end of the holding period;	2851

(v) Compensation for new employees of the enterprise for whom	2852
the enterprise is required to withhold income tax under section	2853
5747.06 of the Revised Code, not including increased compensation	2854
for owners, officers, or managers of the enterprise. For this	2855
purpose compensation for new employees includes compensation for	2856
newly hired or retained employees.	2857

(2) "Qualifying investment" means an investment of money made	2858
on or after July 1, 2011, to acquire capital stock or other equity	2859
interest in a small business enterprise. "Qualifying investment"	2860
does not include ~~any~~either of the following:	2861

(a) Any investment of money an eligible investor derives,	2862
directly or indirectly, from a grant or loan from the federal	2863
government or the state or a political subdivision, including the	2864
third frontier program under Chapter 184. of the Revised Code;	2865

(b) Any investment of money which is the basis of a tax	2866
credit granted under any other section of the Revised Code.	2867

(3) "Eligible investor" means an individual, estate, or trust	2868
subject to the tax imposed by section 5747.02 of the Revised Code,	2869
or a pass-through entity in which such an individual, estate, or	2870
trust holds a direct or indirect ownership or other equity	2871
interest. To qualify as an eligible investor, the individual,	2872
estate, trust, or pass-through entity shall not owe any	2873
outstanding tax or other liability to the state at the time of a	2874
qualifying investment.	2875

(4) "Holding period" means:

2876

(a) For qualifying investments made on or after July 1, 2011,	2877
but before July 1, 2013, the two-year period beginning on the day	2878
the investment was made;	2879

(b) For qualifying investments made on or after July 1, 2013,	2880
the five-year period beginning on the day the investment was made.	2881

(5) "Pass-through entity" has the same meaning as in section	2882
5733.04 of the Revised Code.	2883

(B) Any eligible investor that makes a qualifying investment	2884
in a small business enterprise on or after July 1, 2011, may apply	2885
to the director of development services to obtain a small business	2886
investment certificate from the director. Alternatively, a small	2887
business enterprise may apply on behalf of eligible investors to	2888
obtain the certificates for those investors. The director, in	2889
consultation with the tax commissioner, shall prescribe the form	2890
or manner in which an applicant shall apply for the certificate,	2891
devise the form of the certificate, and prescribe any records or	2892
other information an applicant shall furnish with the application	2893
to evidence the qualifying investment. The applicant shall state	2894
the amount of the intended investment. The applicant shall pay an	2895
application fee equal to the greater of one-tenth of one per cent	2896
of the amount of the intended investment or one hundred dollars.	2897

A small business investment certificate entitles the	2898
certificate holder to receive a tax credit under section 5747.81	2899
of the Revised Code if the certificate holder qualifies for the	2900
credit as otherwise provided in this section. If the certificate	2901
holder is a pass-through entity, the certificate entitles the	2902
entity's equity owners to receive their distributive or	2903
proportionate shares of the credit. In any fiscal biennium, an	2904
eligible investor may not apply for small business investment	2905
certificates representing intended investment amounts in excess of	2906
ten million dollars. Such certificates are not transferable.	2907

The director of development ~~shall issue~~services may reserve	2908
small business investment certificates to qualifying applicants in	2909
the order in which the director receives applications, but may	2910
issue the certificates as the applications are completed. An	2911
application is completed when the director has validated that an	2912
eligible investor has made a qualified investment and the small	2913
business enterprise has made the appropriate reinvestment of the	2914
qualified investment pursuant to the requirements of division	2915
(A)(1)(d) of this section. To qualify for a certificate, an	2916
eligible investor must satisfy both of the following, subject to	2917
the limitation on the amount of qualifying investments for which	2918
certificates may be issued under division (C) of this section:	2919

(1) The eligible investor makes a qualifying investment on or	2920
after July 1, 2011.	2921

(2) The eligible investor pledges not to sell or otherwise	2922
dispose of the qualifying investment before the conclusion of the	2923
applicable holding period.	2924

(C)(1) The amount of any eligible investor's qualifying	2925
investments for which small business investment certificates may	2926
be issued for a fiscal biennium shall not exceed ten million	2927
dollars.	2928

(2) The director of development services shall not issue a	2929
small business investment certificate to an eligible investor	2930
representing an amount of qualifying investment in excess of the	2931
amount of the intended investment indicated on the investor's	2932
application for the certificate.	2933

(3) The director of development services shall not issue	2934
small business investment certificates in a total amount that	2935
would cause the tax credits claimed in any fiscal biennium to	2936
exceed one hundred million dollars.	2937

(4) The director of development services may issue a small	2938
business investment certificate only if both of the following	2939
apply at the time of issuance:	2940

(a) The small business enterprise meets all the requirements	2941
listed in divisions (A)(1)(a)(i) to (iv) of this section;	2942

(b) The eligible investor does not owe any outstanding tax or	2943
other liability to the state.	2944

(D) Before the end of the applicable holding period of a	2945
qualifying investment, each enterprise in which a qualifying	2946
investment was made for which a small business investment	2947
certificate has been issued, upon the request of the director of	2948
development services, shall provide to the director records or	2949
other evidence satisfactory to the director that the enterprise is	2950
a small business enterprise for the purposes of this section. Each	2951
enterprise shall also provide annually to the director records or	2952
evidence regarding the number of jobs created or retained in the	2953
state. No credit may be claimed under this section and section	2954
5747.81 of the Revised Code if the director finds that an	2955
enterprise is not a small business enterprise for the purposes of	2956
this section. The director shall compile and maintain a register	2957
of small business enterprises qualifying under this section and	2958
shall certify the register to the tax commissioner. The director	2959
shall also compile and maintain a record of the number of jobs	2960
created or retained as a result of qualifying investments made	2961
pursuant to this section.	2962

(E) After the conclusion of the applicable holding period for	2963
a qualifying investment, a person to whom a small business	2964
investment certificate has been issued under this section may	2965
claim a credit as provided under section 5747.81 of the Revised	2966
Code.	2967

(F) The director of development services, in consultation	2968
with the tax commissioner, may adopt rules for the administration	2969
of this section, including rules governing the following:	2970

(1) Documents, records, or other information eligible	2971
investors shall provide to the director;	2972

(2) Any information a small business enterprise shall provide	2973
for the purposes of this section and section 5747.81 of the	2974
Revised Code;	2975

(3) Determination of the number of full-time equivalent	2976
employees of a small business enterprise;	2977

(4) Verification of a small business enterprise's investment	2978
in tangible personal property and intangible personal property	2979
under division (A)(1)~~(c)~~(d) of this section, including when such	2980
investments have been made and where the property is used in	2981
business;	2982

(5) Circumstances under which small business enterprises or	2983
eligible investors may be subverting the purposes of this section	2984
and section 5747.81 of the Revised Code.	2985

There is hereby created in the state treasury the InvestOhio	2986
support fund. The fund shall consist of the fees paid under	2987
division (B) of this section and shall be used by the development	2988
services agency to pay the costs of administering the small	2989
business investment certificate program established under this	2990
section.	2991

Sec. 122.942. The director of development services shall,	2992
with respect to each project for which a loan, grant, tax credit,	2993
or other state-funded financial assistance is awarded by the	2994
development services agency, make all of the following information	2995
available to the public within thirty days after the agency enters	2996
into a contract with the recipient:	2997

(A) A summary of the project that includes all of the	2998
following:	2999

(1) A breakdown of the sources of the funds for each aspect	3000
of the project, such as state or federal programs, the operating	3001
company or entity itself, or any private financing, and a complete	3002
description of how each type of funds is to be used;	3003

(2) The total amount of assistance awarded;

3004

(3) A brief description of the project;

3005

(4) The following information regarding the project:

3006

(a) The operating company or entity that is awarded the	3007
assistance;	3008

(b) The products or services provided by the operating	3009
company or entity;	3010

(c) The number of new jobs, at-risk jobs, and retained jobs	3011
anticipated; the hourly wages and hourly benefits of those jobs;	3012
and the dollar amount of assistance per job affected.	3013

(5) The strengths and weaknesses of the project;

3014

(6) The location of the project, the location of the	3015
operating company or entity, and whether relocation is involved;	3016

(7) The Ohio house district and Ohio senate district in which	3017
the project is located;	3018

(8) The payment terms and conditions of the assistance	3019
awarded;	3020

(9) The collateral or security required;

3021

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

3022

(B) A comprehensive report that provides a description of the	3023
operating company or entity; all relevant information regarding	3024
the project; an analysis of the operating company or entity and	3025
the goods or services it provides; the explicit terms of any	3026
collateral or security required; and the reasoning behind the	3027
staffs' recommendation.	3028

(C) Any other relevant information the controlling board may	3029
request, or the director may consider necessary to more fully	3030
describe the details of the assistance or the operating company or	3031
entity, that is provided before the controlling board approves the	3032
assistance.	3033

Nothing in this section shall be construed as requiring the	3034
disclosure of information that is not a public record under	3035
section 149.43 of the Revised Code.	3036

Sec. 122.97. (A) The business development and assistance	3037
fund is hereby created in the state treasury. Investment earnings	3038
on moneys in the fund shall be credited to the fund. The	3039
development services agency shall deposit any money it receives	3040
for business development services and business assistance services	3041
to the credit of the fund, including:	3042

(1) Reimbursements for services provided for business	3043
development and business assistance services;	3044

(2) Contract or grant payments from private entities;

3045

(3) Donations or sponsorship payments from private entities;

3046

(4) Contract or grant payments from public agencies or	3047
political subdivisions.	3048

(B) The agency shall use money in the fund for any agency	3049
operating purposes or programs providing business support or	3050
business assistance, including grants, loans, or administrative	3051
expenses.	3052

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

3053

(1) "Public record" means records kept by any public office,	3054
including, but not limited to, state, county, city, village,	3055
township, and school district units, and records pertaining to the	3056
delivery of educational services by an alternative school in this	3057
state kept by the nonprofit or for-profit entity operating the	3058
alternative school pursuant to section 3313.533 of the Revised	3059
Code. "Public record" does not mean any of the following:	3060

(a) Medical records;

3061

(b) Records pertaining to probation and parole proceedings or	3062
to proceedings related to the imposition of community control	3063
sanctions and post-release control sanctions;	3064

(c) Records pertaining to actions under section 2151.85 and	3065
division (C) of section 2919.121 of the Revised Code and to	3066
appeals of actions arising under those sections;	3067

(d) Records pertaining to adoption proceedings, including the	3068
contents of an adoption file maintained by the department of	3069
health under section 3705.12 of the Revised Code;	3070

(e) Information in a record contained in the putative father	3071
registry established by section 3107.062 of the Revised Code,	3072
regardless of whether the information is held by the department of	3073
job and family services or, pursuant to section 3111.69 of the	3074
Revised Code, the office of child support in the department or a	3075
child support enforcement agency;	3076

(f) Records listed in division (A) of section 3107.42 of the	3077
Revised Code or specified in division (A) of section 3107.52 of	3078
the Revised Code;	3079

(g) Trial preparation records;

3080

(h) Confidential law enforcement investigatory records;

3081

(i) Records containing information that is confidential under	3082
section 2710.03 or 4112.05 of the Revised Code;	3083

(j) DNA records stored in the DNA database pursuant to	3084
section 109.573 of the Revised Code;	3085

(k) Inmate records released by the department of	3086
rehabilitation and correction to the department of youth services	3087
or a court of record pursuant to division (E) of section 5120.21	3088
of the Revised Code;	3089

(l) Records maintained by the department of youth services	3090
pertaining to children in its custody released by the department	3091
of youth services to the department of rehabilitation and	3092
correction pursuant to section 5139.05 of the Revised Code;	3093

(m) Intellectual property records;

3094

(n) Donor profile records;

3095

(o) Records maintained by the department of job and family	3096
services pursuant to section 3121.894 of the Revised Code;	3097

(p) Peace officer, parole officer, probation officer,	3098
bailiff, prosecuting attorney, assistant prosecuting attorney,	3099
correctional employee, youth services employee, firefighter, EMT,	3100
or investigator of the bureau of criminal identification and	3101
investigation residential and familial information;	3102

(q) In the case of a county hospital operated pursuant to	3103
Chapter 339. of the Revised Code or a municipal hospital operated	3104
pursuant to Chapter 749. of the Revised Code, information that	3105
constitutes a trade secret, as defined in section 1333.61 of the	3106
Revised Code;	3107

(r) Information pertaining to the recreational activities of	3108
a person under the age of eighteen;	3109

(s) Records provided to, statements made by review board	3110
members during meetings of, and all work products of a child	3111
fatality review board acting under sections 307.621 to 307.629 of	3112
the Revised Code, and child fatality review data submitted by the	3113
child fatality review board to the department of health or a	3114
national child death review database, other than the report	3115
prepared pursuant to division (A) of section 307.626 of the	3116
Revised Code;	3117

(t) Records provided to and statements made by the executive	3118
director of a public children services agency or a prosecuting	3119
attorney acting pursuant to section 5153.171 of the Revised Code	3120
other than the information released under that section;	3121

(u) Test materials, examinations, or evaluation tools used in	3122
an examination for licensure as a nursing home administrator that	3123
the board of examiners of nursing home administrators administers	3124
under section 4751.04 of the Revised Code or contracts under that	3125
section with a private or government entity to administer;	3126

(v) Records the release of which is prohibited by state or	3127
federal law;	3128

(w) Proprietary information of or relating to any person that	3129
is submitted to or compiled by the Ohio venture capital authority	3130
created under section 150.01 of the Revised Code;	3131

(x) Information reported and evaluations conducted pursuant	3132
to section 3701.072 of the Revised Code;	3133

(y) Financial statements and data any person submits for any	3134
purpose to the Ohio housing finance agency or the controlling	3135
board in connection with applying for, receiving, or accounting	3136
for financial assistance from the agency, and information that	3137
identifies any individual who benefits directly or indirectly from	3138
financial assistance from the agency;	3139

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

3140

(aa) Discharges recorded with a county recorder under section	3141
317.24 of the Revised Code, as specified in division (B)(2) of	3142
that section;	3143

(bb) Usage information including names and addresses of	3144
specific residential and commercial customers of a municipally	3145
owned or operated public utility;	3146

(cc) Records described in division (C) of section 187.04 of	3147
the Revised Code that are not designated to be made available to	3148
the public as provided in that division.	3149

(2) "Confidential law enforcement investigatory record" means	3150
any record that pertains to a law enforcement matter of a	3151
criminal, quasi-criminal, civil, or administrative nature, but	3152
only to the extent that the release of the record would create a	3153
high probability of disclosure of any of the following:	3154

(a) The identity of a suspect who has not been charged with	3155
the offense to which the record pertains, or of an information	3156
source or witness to whom confidentiality has been reasonably	3157
promised;	3158

(b) Information provided by an information source or witness	3159
to whom confidentiality has been reasonably promised, which	3160
information would reasonably tend to disclose the source's or	3161
witness's identity;	3162

(c) Specific confidential investigatory techniques or	3163
procedures or specific investigatory work product;	3164

(d) Information that would endanger the life or physical	3165
safety of law enforcement personnel, a crime victim, a witness, or	3166
a confidential information source.	3167

(3) "Medical record" means any document or combination of	3168
documents, except births, deaths, and the fact of admission to or	3169
discharge from a hospital, that pertains to the medical history,	3170
diagnosis, prognosis, or medical condition of a patient and that	3171
is generated and maintained in the process of medical treatment.	3172

(4) "Trial preparation record" means any record that contains	3173
information that is specifically compiled in reasonable	3174
anticipation of, or in defense of, a civil or criminal action or	3175
proceeding, including the independent thought processes and	3176
personal trial preparation of an attorney.	3177

(5) "Intellectual property record" means a record, other than	3178
a financial or administrative record, that is produced or	3179
collected by or for faculty or staff of a state institution of	3180
higher learning in the conduct of or as a result of study or	3181
research on an educational, commercial, scientific, artistic,	3182
technical, or scholarly issue, regardless of whether the study or	3183
research was sponsored by the institution alone or in conjunction	3184
with a governmental body or private concern, and that has not been	3185
publicly released, published, or patented.	3186

(6) "Donor profile record" means all records about donors or	3187
potential donors to a public institution of higher education	3188
except the names and reported addresses of the actual donors and	3189
the date, amount, and conditions of the actual donation.	3190

(7) "Peace officer, parole officer, probation officer,	3191
bailiff, prosecuting attorney, assistant prosecuting attorney,	3192
correctional employee, youth services employee, firefighter, EMT,	3193
or investigator of the bureau of criminal identification and	3194
investigation residential and familial information" means any	3195
information that discloses any of the following about a peace	3196
officer, parole officer, probation officer, bailiff, prosecuting	3197
attorney, assistant prosecuting attorney, correctional employee,	3198
youth services employee, firefighter, EMT, or investigator of the	3199
bureau of criminal identification and investigation:	3200

(a) The address of the actual personal residence of a peace	3201
officer, parole officer, probation officer, bailiff, assistant	3202
prosecuting attorney, correctional employee, youth services	3203
employee, firefighter, EMT, or an investigator of the bureau of	3204
criminal identification and investigation, except for the state or	3205
political subdivision in which the peace officer, parole officer,	3206
probation officer, bailiff, assistant prosecuting attorney,	3207
correctional employee, youth services employee, firefighter, EMT,	3208
or investigator of the bureau of criminal identification and	3209
investigation resides;	3210

(b) Information compiled from referral to or participation in	3211
an employee assistance program;	3212

(c) The social security number, the residential telephone	3213
number, any bank account, debit card, charge card, or credit card	3214
number, or the emergency telephone number of, or any medical	3215
information pertaining to, a peace officer, parole officer,	3216
probation officer, bailiff, prosecuting attorney, assistant	3217
prosecuting attorney, correctional employee, youth services	3218
employee, firefighter, EMT, or investigator of the bureau of	3219
criminal identification and investigation;	3220

(d) The name of any beneficiary of employment benefits,	3221
including, but not limited to, life insurance benefits, provided	3222
to a peace officer, parole officer, probation officer, bailiff,	3223
prosecuting attorney, assistant prosecuting attorney, correctional	3224
employee, youth services employee, firefighter, EMT, or	3225
investigator of the bureau of criminal identification and	3226
investigation by the peace officer's, parole officer's, probation	3227
officer's, bailiff's, prosecuting attorney's, assistant	3228
prosecuting attorney's, correctional employee's, youth services	3229
employee's, firefighter's, EMT's, or investigator of the bureau of	3230
criminal identification and investigation's employer;	3231

(e) The identity and amount of any charitable or employment	3232
benefit deduction made by the peace officer's, parole officer's,	3233
probation officer's, bailiff's, prosecuting attorney's, assistant	3234
prosecuting attorney's, correctional employee's, youth services	3235
employee's, firefighter's, EMT's, or investigator of the bureau of	3236
criminal identification and investigation's employer from the	3237
peace officer's, parole officer's, probation officer's, bailiff's,	3238
prosecuting attorney's, assistant prosecuting attorney's,	3239
correctional employee's, youth services employee's, firefighter's,	3240
EMT's, or investigator of the bureau of criminal identification	3241
and investigation's compensation unless the amount of the	3242
deduction is required by state or federal law;	3243

(f) The name, the residential address, the name of the	3244
employer, the address of the employer, the social security number,	3245
the residential telephone number, any bank account, debit card,	3246
charge card, or credit card number, or the emergency telephone	3247
number of the spouse, a former spouse, or any child of a peace	3248
officer, parole officer, probation officer, bailiff, prosecuting	3249
attorney, assistant prosecuting attorney, correctional employee,	3250
youth services employee, firefighter, EMT, or investigator of the	3251
bureau of criminal identification and investigation;	3252

(g) A photograph of a peace officer who holds a position or	3253
has an assignment that may include undercover or plain clothes	3254
positions or assignments as determined by the peace officer's	3255
appointing authority.	3256

As used in divisions (A)(7) and (B)(9) of this section,	3257
"peace officer" has the same meaning as in section 109.71 of the	3258
Revised Code and also includes the superintendent and troopers of	3259
the state highway patrol; it does not include the sheriff of a	3260
county or a supervisory employee who, in the absence of the	3261
sheriff, is authorized to stand in for, exercise the authority of,	3262
and perform the duties of the sheriff.	3263

As used in divisions (A)(7) and (B)(5) of this section,	3264
"correctional employee" means any employee of the department of	3265
rehabilitation and correction who in the course of performing the	3266
employee's job duties has or has had contact with inmates and	3267
persons under supervision.	3268

As used in divisions (A)(7) and (B)(5) of this section,	3269
"youth services employee" means any employee of the department of	3270
youth services who in the course of performing the employee's job	3271
duties has or has had contact with children committed to the	3272
custody of the department of youth services.	3273

As used in divisions (A)(7) and (B)(9) of this section,	3274
"firefighter" means any regular, paid or volunteer, member of a	3275
lawfully constituted fire department of a municipal corporation,	3276
township, fire district, or village.	3277

As used in divisions (A)(7) and (B)(9) of this section, "EMT"	3278
means EMTs-basic, EMTs-I, and paramedics that provide emergency	3279
medical services for a public emergency medical service	3280
organization. "Emergency medical service organization,"	3281
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in	3282
section 4765.01 of the Revised Code.	3283

As used in divisions (A)(7) and (B)(9) of this section,	3284
"investigator of the bureau of criminal identification and	3285
investigation" has the meaning defined in section 2903.11 of the	3286
Revised Code.	3287

(8) "Information pertaining to the recreational activities of	3288
a person under the age of eighteen" means information that is kept	3289
in the ordinary course of business by a public office, that	3290
pertains to the recreational activities of a person under the age	3291
of eighteen years, and that discloses any of the following:	3292

(a) The address or telephone number of a person under the age	3293
of eighteen or the address or telephone number of that person's	3294
parent, guardian, custodian, or emergency contact person;	3295

(b) The social security number, birth date, or photographic	3296
image of a person under the age of eighteen;	3297

(c) Any medical record, history, or information pertaining to	3298
a person under the age of eighteen;	3299

(d) Any additional information sought or required about a	3300
person under the age of eighteen for the purpose of allowing that	3301
person to participate in any recreational activity conducted or	3302
sponsored by a public office or to use or obtain admission	3303
privileges to any recreational facility owned or operated by a	3304
public office.	3305

(9) "Community control sanction" has the same meaning as in	3306
section 2929.01 of the Revised Code.	3307

(10) "Post-release control sanction" has the same meaning as	3308
in section 2967.01 of the Revised Code.	3309

(11) "Redaction" means obscuring or deleting any information	3310
that is exempt from the duty to permit public inspection or	3311
copying from an item that otherwise meets the definition of a	3312
"record" in section 149.011 of the Revised Code.	3313

(12) "Designee" and "elected official" have the same meanings	3314
as in section 109.43 of the Revised Code.	3315

(B)(1) Upon request and subject to division (B)(8) of this	3316
section, all public records responsive to the request shall be	3317
promptly prepared and made available for inspection to any person	3318
at all reasonable times during regular business hours. Subject to	3319
division (B)(8) of this section, upon request, a public office or	3320
person responsible for public records shall make copies of the	3321
requested public record available at cost and within a reasonable	3322
period of time. If a public record contains information that is	3323
exempt from the duty to permit public inspection or to copy the	3324
public record, the public office or the person responsible for the	3325
public record shall make available all of the information within	3326
the public record that is not exempt. When making that public	3327
record available for public inspection or copying that public	3328
record, the public office or the person responsible for the public	3329
record shall notify the requester of any redaction or make the	3330
redaction plainly visible. A redaction shall be deemed a denial of	3331
a request to inspect or copy the redacted information, except if	3332
federal or state law authorizes or requires a public office to	3333
make the redaction.	3334

(2) To facilitate broader access to public records, a public	3335
office or the person responsible for public records shall organize	3336
and maintain public records in a manner that they can be made	3337
available for inspection or copying in accordance with division	3338
(B) of this section. A public office also shall have available a	3339
copy of its current records retention schedule at a location	3340
readily available to the public. If a requester makes an ambiguous	3341
or overly broad request or has difficulty in making a request for	3342
copies or inspection of public records under this section such	3343
that the public office or the person responsible for the requested	3344
public record cannot reasonably identify what public records are	3345
being requested, the public office or the person responsible for	3346
the requested public record may deny the request but shall provide	3347
the requester with an opportunity to revise the request by	3348
informing the requester of the manner in which records are	3349
maintained by the public office and accessed in the ordinary	3350
course of the public office's or person's duties.	3351

(3) If a request is ultimately denied, in part or in whole,	3352
the public office or the person responsible for the requested	3353
public record shall provide the requester with an explanation,	3354
including legal authority, setting forth why the request was	3355
denied. If the initial request was provided in writing, the	3356
explanation also shall be provided to the requester in writing.	3357
The explanation shall not preclude the public office or the person	3358
responsible for the requested public record from relying upon	3359
additional reasons or legal authority in defending an action	3360
commenced under division (C) of this section.	3361

(4) Unless specifically required or authorized by state or	3362
federal law or in accordance with division (B) of this section, no	3363
public office or person responsible for public records may limit	3364
or condition the availability of public records by requiring	3365
disclosure of the requester's identity or the intended use of the	3366
requested public record. Any requirement that the requester	3367
disclose the requestor's identity or the intended use of the	3368
requested public record constitutes a denial of the request.	3369

(5) A public office or person responsible for public records	3370
may ask a requester to make the request in writing, may ask for	3371
the requester's identity, and may inquire about the intended use	3372
of the information requested, but may do so only after disclosing	3373
to the requester that a written request is not mandatory and that	3374
the requester may decline to reveal the requester's identity or	3375
the intended use and when a written request or disclosure of the	3376
identity or intended use would benefit the requester by enhancing	3377
the ability of the public office or person responsible for public	3378
records to identify, locate, or deliver the public records sought	3379
by the requester.	3380

(6) If any person chooses to obtain a copy of a public record	3381
in accordance with division (B) of this section, the public office	3382
or person responsible for the public record may require that	3383
person to pay in advance the cost involved in providing the copy	3384
of the public record in accordance with the choice made by the	3385
person seeking the copy under this division. The public office or	3386
the person responsible for the public record shall permit that	3387
person to choose to have the public record duplicated upon paper,	3388
upon the same medium upon which the public office or person	3389
responsible for the public record keeps it, or upon any other	3390
medium upon which the public office or person responsible for the	3391
public record determines that it reasonably can be duplicated as	3392
an integral part of the normal operations of the public office or	3393
person responsible for the public record. When the person seeking	3394
the copy makes a choice under this division, the public office or	3395
person responsible for the public record shall provide a copy of	3396
it in accordance with the choice made by the person seeking the	3397
copy. Nothing in this section requires a public office or person	3398
responsible for the public record to allow the person seeking a	3399
copy of the public record to make the copies of the public record.	3400

(7) Upon a request made in accordance with division (B) of	3401
this section and subject to division (B)(6) of this section, a	3402
public office or person responsible for public records shall	3403
transmit a copy of a public record to any person by United States	3404
mail or by any other means of delivery or transmission within a	3405
reasonable period of time after receiving the request for the	3406
copy. The public office or person responsible for the public	3407
record may require the person making the request to pay in advance	3408
the cost of postage if the copy is transmitted by United States	3409
mail or the cost of delivery if the copy is transmitted other than	3410
by United States mail, and to pay in advance the costs incurred	3411
for other supplies used in the mailing, delivery, or transmission.	3412

Any public office may adopt a policy and procedures that it	3413
will follow in transmitting, within a reasonable period of time	3414
after receiving a request, copies of public records by United	3415
States mail or by any other means of delivery or transmission	3416
pursuant to this division. A public office that adopts a policy	3417
and procedures under this division shall comply with them in	3418
performing its duties under this division.	3419

In any policy and procedures adopted under this division, a	3420
public office may limit the number of records requested by a	3421
person that the office will transmit by United States mail to ten	3422
per month, unless the person certifies to the office in writing	3423
that the person does not intend to use or forward the requested	3424
records, or the information contained in them, for commercial	3425
purposes. For purposes of this division, "commercial" shall be	3426
narrowly construed and does not include reporting or gathering	3427
news, reporting or gathering information to assist citizen	3428
oversight or understanding of the operation or activities of	3429
government, or nonprofit educational research.	3430

(8) A public office or person responsible for public records	3431
is not required to permit a person who is incarcerated pursuant to	3432
a criminal conviction or a juvenile adjudication to inspect or to	3433
obtain a copy of any public record concerning a criminal	3434
investigation or prosecution or concerning what would be a	3435
criminal investigation or prosecution if the subject of the	3436
investigation or prosecution were an adult, unless the request to	3437
inspect or to obtain a copy of the record is for the purpose of	3438
acquiring information that is subject to release as a public	3439
record under this section and the judge who imposed the sentence	3440
or made the adjudication with respect to the person, or the	3441
judge's successor in office, finds that the information sought in	3442
the public record is necessary to support what appears to be a	3443
justiciable claim of the person.	3444

(9)(a) Upon written request made and signed by a journalist	3445
on or after December 16, 1999, a public office, or person	3446
responsible for public records, having custody of the records of	3447
the agency employing a specified peace officer, parole officer,	3448
probation officer, bailiff, prosecuting attorney, assistant	3449
prosecuting attorney, correctional employee, youth services	3450
employee, firefighter, EMT, or investigator of the bureau of	3451
criminal identification and investigation shall disclose to the	3452
journalist the address of the actual personal residence of the	3453
peace officer, parole officer, probation officer, bailiff,	3454
prosecuting attorney, assistant prosecuting attorney, correctional	3455
employee, youth services employee, firefighter, EMT, or	3456
investigator of the bureau of criminal identification and	3457
investigation and, if the peace officer's, parole officer's,	3458
probation officer's, bailiff's, prosecuting attorney's, assistant	3459
prosecuting attorney's, correctional employee's, youth services	3460
employee's, firefighter's, EMT's, or investigator of the bureau of	3461
criminal identification and investigation's spouse, former spouse,	3462
or child is employed by a public office, the name and address of	3463
the employer of the peace officer's, parole officer's, probation	3464
officer's, bailiff's, prosecuting attorney's, assistant	3465
prosecuting attorney's, correctional employee's, youth services	3466
employee's, firefighter's, EMT's, or investigator of the bureau of	3467
criminal identification and investigation's spouse, former spouse,	3468
or child. The request shall include the journalist's name and	3469
title and the name and address of the journalist's employer and	3470
shall state that disclosure of the information sought would be in	3471
the public interest.	3472

(b) Division (B)(9)(a) of this section also applies to	3473
journalist requests for customer information maintained by a	3474
municipally owned or operated public utility, other than social	3475
security numbers and any private financial information such as	3476
credit reports, payment methods, credit card numbers, and bank	3477
account information.	3478

(c) As used in division (B)(9) of this section, "journalist"	3479
means a person engaged in, connected with, or employed by any news	3480
medium, including a newspaper, magazine, press association, news	3481
agency, or wire service, a radio or television station, or a	3482
similar medium, for the purpose of gathering, processing,	3483
transmitting, compiling, editing, or disseminating information for	3484
the general public.	3485

(C)(1) If a person allegedly is aggrieved by the failure of a	3486
public office or the person responsible for public records to	3487
promptly prepare a public record and to make it available to the	3488
person for inspection in accordance with division (B) of this	3489
section or by any other failure of a public office or the person	3490
responsible for public records to comply with an obligation in	3491
accordance with division (B) of this section, the person allegedly	3492
aggrieved may commence a mandamus action to obtain a judgment that	3493
orders the public office or the person responsible for the public	3494
record to comply with division (B) of this section, that awards	3495
court costs and reasonable attorney's fees to the person that	3496
instituted the mandamus action, and, if applicable, that includes	3497
an order fixing statutory damages under division (C)(1) of this	3498
section. The mandamus action may be commenced in the court of	3499
common pleas of the county in which division (B) of this section	3500
allegedly was not complied with, in the supreme court pursuant to	3501
its original jurisdiction under Section 2 of Article IV, Ohio	3502
Constitution, or in the court of appeals for the appellate	3503
district in which division (B) of this section allegedly was not	3504
complied with pursuant to its original jurisdiction under Section	3505
3 of Article IV, Ohio Constitution.	3506

If a requestor transmits a written request by hand delivery	3507
or certified mail to inspect or receive copies of any public	3508
record in a manner that fairly describes the public record or	3509
class of public records to the public office or person responsible	3510
for the requested public records, except as otherwise provided in	3511
this section, the requestor shall be entitled to recover the	3512
amount of statutory damages set forth in this division if a court	3513
determines that the public office or the person responsible for	3514
public records failed to comply with an obligation in accordance	3515
with division (B) of this section.	3516

The amount of statutory damages shall be fixed at one hundred	3517
dollars for each business day during which the public office or	3518
person responsible for the requested public records failed to	3519
comply with an obligation in accordance with division (B) of this	3520
section, beginning with the day on which the requester files a	3521
mandamus action to recover statutory damages, up to a maximum of	3522
one thousand dollars. The award of statutory damages shall not be	3523
construed as a penalty, but as compensation for injury arising	3524
from lost use of the requested information. The existence of this	3525
injury shall be conclusively presumed. The award of statutory	3526
damages shall be in addition to all other remedies authorized by	3527
this section.	3528

The court may reduce an award of statutory damages or not	3529
award statutory damages if the court determines both of the	3530
following:	3531

(a) That, based on the ordinary application of statutory law	3532
and case law as it existed at the time of the conduct or	3533
threatened conduct of the public office or person responsible for	3534
the requested public records that allegedly constitutes a failure	3535
to comply with an obligation in accordance with division (B) of	3536
this section and that was the basis of the mandamus action, a	3537
well-informed public office or person responsible for the	3538
requested public records reasonably would believe that the conduct	3539
or threatened conduct of the public office or person responsible	3540
for the requested public records did not constitute a failure to	3541
comply with an obligation in accordance with division (B) of this	3542
section;	3543

(b) That a well-informed public office or person responsible	3544
for the requested public records reasonably would believe that the	3545
conduct or threatened conduct of the public office or person	3546
responsible for the requested public records would serve the	3547
public policy that underlies the authority that is asserted as	3548
permitting that conduct or threatened conduct.	3549

(2)(a) If the court issues a writ of mandamus that orders the	3550
public office or the person responsible for the public record to	3551
comply with division (B) of this section and determines that the	3552
circumstances described in division (C)(1) of this section exist,	3553
the court shall determine and award to the relator all court	3554
costs.	3555

(b) If the court renders a judgment that orders the public	3556
office or the person responsible for the public record to comply	3557
with division (B) of this section, the court may award reasonable	3558
attorney's fees subject to reduction as described in division	3559
(C)(2)(c) of this section. The court shall award reasonable	3560
attorney's fees, subject to reduction as described in division	3561
(C)(2)(c) of this section when either of the following applies:	3562

(i) The public office or the person responsible for the	3563
public records failed to respond affirmatively or negatively to	3564
the public records request in accordance with the time allowed	3565
under division (B) of this section.	3566

(ii) The public office or the person responsible for the	3567
public records promised to permit the relator to inspect or	3568
receive copies of the public records requested within a specified	3569
period of time but failed to fulfill that promise within that	3570
specified period of time.	3571

(c) Court costs and reasonable attorney's fees awarded under	3572
this section shall be construed as remedial and not punitive.	3573
Reasonable attorney's fees shall include reasonable fees incurred	3574
to produce proof of the reasonableness and amount of the fees and	3575
to otherwise litigate entitlement to the fees. The court may	3576
reduce an award of attorney's fees to the relator or not award	3577
attorney's fees to the relator if the court determines both of the	3578
following:	3579

(i) That, based on the ordinary application of statutory law	3580
and case law as it existed at the time of the conduct or	3581
threatened conduct of the public office or person responsible for	3582
the requested public records that allegedly constitutes a failure	3583
to comply with an obligation in accordance with division (B) of	3584
this section and that was the basis of the mandamus action, a	3585
well-informed public office or person responsible for the	3586
requested public records reasonably would believe that the conduct	3587
or threatened conduct of the public office or person responsible	3588
for the requested public records did not constitute a failure to	3589
comply with an obligation in accordance with division (B) of this	3590
section;	3591

(ii) That a well-informed public office or person responsible	3592
for the requested public records reasonably would believe that the	3593
conduct or threatened conduct of the public office or person	3594
responsible for the requested public records as described in	3595
division (C)(2)(c)(i) of this section would serve the public	3596
policy that underlies the authority that is asserted as permitting	3597
that conduct or threatened conduct.	3598

(D) Chapter 1347. of the Revised Code does not limit the	3599
provisions of this section.	3600

(E)(1) To ensure that all employees of public offices are	3601
appropriately educated about a public office's obligations under	3602
division (B) of this section, all elected officials or their	3603
appropriate designees shall attend training approved by the	3604
attorney general as provided in section 109.43 of the Revised	3605
Code. In addition, all public offices shall adopt a public records	3606
policy in compliance with this section for responding to public	3607
records requests. In adopting a public records policy under this	3608
division, a public office may obtain guidance from the model	3609
public records policy developed and provided to the public office	3610
by the attorney general under section 109.43 of the Revised Code.	3611
Except as otherwise provided in this section, the policy may not	3612
limit the number of public records that the public office will	3613
make available to a single person, may not limit the number of	3614
public records that it will make available during a fixed period	3615
of time, and may not establish a fixed period of time before it	3616
will respond to a request for inspection or copying of public	3617
records, unless that period is less than eight hours.	3618

(2) The public office shall distribute the public records	3619
policy adopted by the public office under division (E)(1) of this	3620
section to the employee of the public office who is the records	3621
custodian or records manager or otherwise has custody of the	3622
records of that office. The public office shall require that	3623
employee to acknowledge receipt of the copy of the public records	3624
policy. The public office shall create a poster that describes its	3625
public records policy and shall post the poster in a conspicuous	3626
place in the public office and in all locations where the public	3627
office has branch offices. The public office may post its public	3628
records policy on the internet web site of the public office if	3629
the public office maintains an internet web site. A public office	3630
that has established a manual or handbook of its general policies	3631
and procedures for all employees of the public office shall	3632
include the public records policy of the public office in the	3633
manual or handbook.	3634

(F)(1) The bureau of motor vehicles may adopt rules pursuant	3635
to Chapter 119. of the Revised Code to reasonably limit the number	3636
of bulk commercial special extraction requests made by a person	3637
for the same records or for updated records during a calendar	3638
year. The rules may include provisions for charges to be made for	3639
bulk commercial special extraction requests for the actual cost of	3640
the bureau, plus special extraction costs, plus ten per cent. The	3641
bureau may charge for expenses for redacting information, the	3642
release of which is prohibited by law.	3643

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

3644

(a) "Actual cost" means the cost of depleted supplies,	3645
records storage media costs, actual mailing and alternative	3646
delivery costs, or other transmitting costs, and any direct	3647
equipment operating and maintenance costs, including actual costs	3648
paid to private contractors for copying services.	3649

(b) "Bulk commercial special extraction request" means a	3650
request for copies of a record for information in a format other	3651
than the format already available, or information that cannot be	3652
extracted without examination of all items in a records series,	3653
class of records, or data base by a person who intends to use or	3654
forward the copies for surveys, marketing, solicitation, or resale	3655
for commercial purposes. "Bulk commercial special extraction	3656
request" does not include a request by a person who gives	3657
assurance to the bureau that the person making the request does	3658
not intend to use or forward the requested copies for surveys,	3659
marketing, solicitation, or resale for commercial purposes.	3660

(c) "Commercial" means profit-seeking production, buying, or	3661
selling of any good, service, or other product.	3662

(d) "Special extraction costs" means the cost of the time	3663
spent by the lowest paid employee competent to perform the task,	3664
the actual amount paid to outside private contractors employed by	3665
the bureau, or the actual cost incurred to create computer	3666
programs to make the special extraction. "Special extraction	3667
costs" include any charges paid to a public agency for computer or	3668
records services.	3669

(3) For purposes of divisions (F)(1) and (2) of this section,	3670
"surveys, marketing, solicitation, or resale for commercial	3671
purposes" shall be narrowly construed and does not include	3672
reporting or gathering news, reporting or gathering information to	3673
assist citizen oversight or understanding of the operation or	3674
activities of government, or nonprofit educational research.	3675

Sec. 164.05. (A) The director of the Ohio public works	3676
commission shall do all of the following:	3677

(1) Approve requests for financial assistance from district	3678
public works integrating committees and enter into agreements with	3679
one or more local subdivisions to provide loans, grants, and local	3680
debt support and credit enhancements for a capital improvement	3681
project if the director determines that:	3682

(a) The project is an eligible project pursuant to this	3683
chapter;	3684

(b) The financial assistance for the project has been	3685
properly approved and requested by the district committee of the	3686
district which includes the recipient of the loan or grant;	3687

(c) The amount of the financial assistance, when added to all	3688
other financial assistance provided during the fiscal year for	3689
projects within the district, does not exceed that district's	3690
allocation of money from the state capital improvements fund for	3691
that fiscal year;	3692

(d) The district committee has provided such documentation	3693
and other evidence as the director may require that the district	3694
committee has satisfied the requirements of section 164.06 or	3695
164.14 of the Revised Code;	3696

(e) The portion of a district's annual allocation which the	3697
director approves in the form of loans and local debt support and	3698
credit enhancements for eligible projects is consistent with	3699
divisions (E) and (F) of this section.	3700

(2) Authorize payments to local subdivisions or their	3701
contractors for costs incurred for capital improvement projects	3702
which have been approved pursuant to this chapter. All requests	3703
for payments shall be submitted to the director on forms and in	3704
accordance with procedures specified in rules adopted by the	3705
director pursuant to division (A)(4) of this section.	3706

(3) Retain the services of or employ financial consultants,	3707
engineers, accountants, attorneys, and such other employees as the	3708
director determines are necessary to carry out the director's	3709
duties under this chapter and fix the compensation for their	3710
services;	3711

(4) Adopt rules establishing the procedures for making	3712
applications, reviewing, approving, and rejecting projects for	3713
which assistance is authorized under this chapter, and any other	3714
rules needed to implement the provisions of this chapter. Such	3715
rules shall be adopted under Chapter 119. of the Revised Code.	3716

(5) Provide information and other assistance to local	3717
subdivisions and district public works integrating committees in	3718
developing their requests for financial assistance for capital	3719
improvements under this chapter and encourage cooperation and	3720
coordination of requests and the development of multisubdivision	3721
and multidistrict projects in order to maximize the benefits that	3722
may be derived by districts from each year's allocation;	3723

(6) Require local subdivisions, to the extent practicable, to	3724
use Ohio products, materials, services, and labor in connection	3725
with any capital improvement project financed in whole or in part	3726
under this chapter;	3727

(7) Notify the director of budget and management of all	3728
approved projects, and supply all information necessary to track	3729
approved projects through the state accounting system;	3730

(8) Appoint the administrator of the Ohio small government	3731
capital improvements commission;	3732

(9) Do all other acts, enter into contracts, and execute all	3733
instruments necessary or appropriate to carry out this chapter;	3734

(10) Develop a standardized methodology for evaluating	3735
capital improvement needs which will be used by local subdivisions	3736
in preparing the plans required by division (C) of section 164.06	3737
of the Revised Code. The director shall develop this methodology	3738
not later than July 1, 1991.	3739

(11) Establish a program to provide local subdivisions with	3740
technical assistance in preparing project applications. The	3741
program shall be designed to assist local subdivisions that lack	3742
the financial or technical resources to prepare project	3743
applications on their own.	3744

(B) When the director of the Ohio public works commission	3745
decides to conditionally approve or disapprove projects, the	3746
director's decisions and the reasons for which they are made shall	3747
be made in writing. These written decisions shall be conclusive	3748
for the purposes of the validity and enforceability of such	3749
determinations.	3750

(C) Fees, charges, rates of interest, times of payment of	3751
interest and principal, and other terms, conditions, and	3752
provisions of and security for financial assistance provided	3753
pursuant to the provisions of this chapter shall be such as the	3754
director determines to be appropriate. If any payments required by	3755
a loan agreement entered into pursuant to this chapter are not	3756
paid, the funds which would otherwise be apportioned to the local	3757
subdivision from the county undivided local government fund,	3758
pursuant to sections 5747.51 to 5747.53 of the Revised Code, may,	3759
at the direction of the director of the Ohio public works	3760
commission, be reduced by the amount payable. The county treasurer	3761
shall, at the direction of the director, pay the amount of such	3762
reductions to the state capital improvements revolving loan fund.	3763
The director may renegotiate a loan repayment schedule with a	3764
local subdivision whose payments from the county undivided local	3765
government fund could be reduced pursuant to this division, but	3766
such a renegotiation may occur only one time with respect to any	3767
particular loan agreement.	3768

(D) Grants approved for the repair and replacement of	3769
existing infrastructure pursuant to this chapter shall not exceed	3770
ninety per cent of the estimated total cost of the capital	3771
improvement project. Grants approved for new or expanded	3772
infrastructure shall not exceed fifty per cent of the estimated	3773
cost of the new or expansion elements of the capital improvement	3774
project. A local subdivision share of the estimated cost of a	3775
capital improvement may consist of any of the following:	3776

(1) The reasonable value, as determined by the director or	3777
the administrator, of labor, materials, and equipment that will be	3778
contributed by the local subdivision in performing the capital	3779
improvement project;	3780

(2) Moneys received by the local subdivision in any form from	3781
an authority, commission, or agency of the United States for use	3782
in performing the capital improvement project;	3783

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

3784

(4) Engineering costs incurred by the local subdivision in	3785
performing engineering activities related to the project.	3786

A local subdivision share of the cost of a capital	3787
improvement shall not include any amounts awarded to it from the	3788
local transportation improvement program fund created in section	3789
164.14 of the Revised Code.	3790

(E) The following portion of a district public works	3791
integrating committee's annual allocation share pursuant to	3792
section 164.08 of the Revised Code may be awarded to subdivisions	3793
only in the form of interest-free, low-interest, market rate of	3794
interest, or blended-rate loans:	3795

YEAR IN WHICH	PORTION USED FOR	3796
MONEYS ARE ALLOCATED	LOANS	3797
Year 1	0%	3798
Year 2	0%	3799
Year 3	10%	3800
Year 4	12%	3801
Year 5	15%	3802
Year 6	20%	3803
Year 7, 8, 9, and 10	22%	3804

(F) The following portion of a district public works	3805
integrating committee's annual allocation pursuant to section	3806
164.08 of the Revised Code shall be awarded to subdivisions in the	3807
form of local debt supported and credit enhancements:	3808

	PORTIONS USED FOR	3809
YEAR IN WHICH	LOCAL DEBT SUPPORT	3810
MONEYS ARE ALLOCATED	AND CREDIT ENHANCEMENTS	3811
Year 1	0%	3812
Year 2	0%	3813
Year 3	3%	3814
Year 4	5%	3815
Year 5	5%	3816
Year 6	7%	3817
Year 7	7%	3818
Year 8	8%	3819
Year 9	8%	3820
Year 10	8%	3821

(G) For the period commencing on March 29, 1988 and ending on	3822
June 30, 1993, for the period commencing July 1, 1993, and ending	3823
June 30, 1999, and for each five-year period thereafter, the total	3824
amount of financial assistance awarded under sections 164.01 to	3825
164.08 of the Revised Code for capital improvement projects	3826
located wholly or partially within a county shall be equal to at	3827
least thirty per cent of the amount of what the county would have	3828
been allocated from the obligations authorized to be sold under	3829
this chapter during each period, if such amounts had been	3830
allocable to each county on a per capita basis.	3831

(H) The amount of the annual allocations made pursuant to	3832
divisions (B)(1) and ~~(6)~~(5) of section 164.08 of the Revised Code	3833
which can be used for new or expanded infrastructure is limited as	3834
follows:	3835

	PORTION WHICH MAY	3836
YEAR IN WHICH	BE USED FOR NEW OR	3837
MONEYS ARE ALLOCATED	EXPANSION INFRASTRUCTURE	3838
Year 1	5%	3839
Year 2	5%	3840
Year 3	10%	3841
Year 4	10%	3842
Year 5	10%	3843
Year 6	15%	3844
Year 7	15%	3845
Year 8	20%	3846
Year 9	20%	3847
Year 10 and each year		3848
thereafter	20%	3849

(I) The following portion of a district public works	3850
integrating committee's annual allocation share pursuant to	3851
section 164.08 of the Revised Code shall be awarded to	3852
subdivisions in the form of interest-free, low-interest, market	3853
rate of interest, or blended-rate loans, or local debt support and	3854
credit enhancements:	3855

	PORTION USED FOR LOANS	3856
YEAR IN WHICH	OR LOCAL DEBT SUPPORT	3857
MONEYS ARE ALLOCATED	AND CREDIT ENHANCEMENTS	3858
Year 11 and each year		3859
thereafter	20%	3860

(J) No project shall be approved under this section unless	3861
the project is designed to have a useful life of at least seven	3862
years. In addition, the average useful life of all projects for	3863
which grants or loans are awarded in each district during a	3864
program year shall not be less than twenty years.	3865

Sec. 164.06. (A) Each district public works integrating	3866
committee shall evaluate materials submitted to it by the local	3867
subdivisions located in the district concerning capital	3868
improvements for which assistance is sought from the state capital	3869
improvements fund and shall, pursuant to division (B) of this	3870
section, select the requests for financial assistance that will be	3871
formally submitted by the district to the director of the Ohio	3872
public works commission. In order to provide for the efficient use	3873
of the district's state capital improvements fund allocation each	3874
year, a district committee shall assist its subdivisions in the	3875
preparation and coordination of project plans.	3876

(B) In selecting the requests for assistance for capital	3877
improvement projects which will be submitted to the director, and	3878
in determining the nature, amount, and terms of the assistance	3879
that will be requested, a district public works integrating	3880
committee shall give priority to capital improvement projects for	3881
the repair or replacement of existing infrastructure and which	3882
would be unlikely to be undertaken without assistance under this	3883
chapter, and shall specifically consider all of the following	3884
factors:	3885

(1) The infrastructure repair and replacement needs of the	3886
district;	3887

(2) The age and condition of the system to be repaired or	3888
replaced;	3889

(3) Whether the project would generate revenue in the form of	3890
user fees or assessments;	3891

(4) The importance of the project to the health and safety of	3892
the citizens of the district;	3893

(5) The cost of the project and whether it is consistent with	3894
division (G) of section 164.05 of the Revised Code and the	3895
district's allocation for grants, loans, and local debt support	3896
and credit enhancements for that year;	3897

(6) The effort and ability of the benefited local	3898
subdivisions to assist in financing the project;	3899

(7) The availability of federal or other funds for the	3900
project;	3901

(8) The overall economic health of the particular local	3902
subdivision;	3903

(9) The adequacy of the planning for the project and the	3904
readiness of the applicant to proceed should the project be	3905
approved;	3906

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

3907

(C) Prior to filing an application with its district public	3908
works integrating committee for assistance in financing a capital	3909
improvement project under this section, a local subdivision shall	3910
conduct a study of its existing capital improvements, the	3911
condition of those improvements, and the projected capital	3912
improvement needs of the subdivision in the ensuing five-year	3913
period. After completing this study, the subdivision shall compile	3914
a report that includes an inventory of its existing capital	3915
improvements, a plan detailing the capital improvement needs of	3916
the subdivision in the ensuing five-year period, and a list of the	3917
subdivision's priorities with respect to addressing those needs.	3918
Each year, the report shall be reviewed and updated by the	3919
subdivision to reflect capital improvement projects undertaken or	3920
completed in the past year and any changes in the subdivision's	3921
plan or priorities. The report and annual updates shall be made	3922
available upon request to the Ohio public works commission, the	3923
Ohio small government capital improvements commission, and the	3924
district public works integrating committee of the district of	3925
which the subdivision is a part.	3926

(D) In addition to reviewing and selecting the projects for	3927
which approval will be sought from the director of the Ohio public	3928
works commission for financial assistance from the state capital	3929
improvements fund, each district public works integrating	3930
committee shall appoint a subcommittee of its members that will	3931
represent the interests of villages and townships and that will	3932
review and select the capital improvement projects which will be	3933
submitted by the subcommittee to the administrator of the Ohio	3934
small government capital improvements commission for consideration	3935
of assistance from the portion of the net proceeds of obligations	3936
issued and sold by the treasurer of state which is allocated	3937
pursuant to division (B)(1) of section 164.08 of the Revised Code.	3938
In reviewing and approving the projects selected by its	3939
subcommittee, the administrator, and the Ohio small government	3940
capital improvements commission shall be guided by the provisions	3941
of division (B) of this section, and shall also take into account	3942
the fact that villages and townships may have different public	3943
infrastructure needs than larger subdivisions.	3944

(E) The district public works integrating committee for each	3945
district that includes at least one county with a population of	3946
less than eighty-five thousand according to the most recent	3947
decennial census shall appoint a subcommittee of its members for	3948
the purposes of the small counties capital improvement program	3949
created under division (F) of section 164.02 of the Revised Code.	3950
The subcommittee shall select and submit to the director the	3951
projects that will be considered for assistance from the money	3952
allocated to the program under division (B)~~(4)~~(3) of section	3953
164.08 of the Revised Code.	3954

Sec. 164.08. (A) Except as provided in sections 151.01 and	3955
151.08 or section 164.09 of the Revised Code, the net proceeds of	3956
obligations issued and sold by the treasurer of state pursuant to	3957
section 164.09 of the Revised Code before September 30, 2000, or	3958
pursuant to sections 151.01 and 151.08 of the Revised Code, for	3959
the purpose of financing or assisting in the financing of the cost	3960
of public infrastructure capital improvement projects of local	3961
subdivisions, as provided for in Section 2k, 2m, or 2p of Article	3962
VIII, Ohio Constitution, and this chapter, shall be paid into the	3963
state capital improvements fund, which is hereby created in the	3964
state treasury. Investment earnings on moneys in the fund shall be	3965
credited to the fund.	3966

(B) Beginning July 1, 2011, each program year the amount of	3967
obligations authorized by the general assembly in accordance with	3968
sections 151.01 and 151.08 or section 164.09 of the Revised Code,	3969
excluding the proceeds of refunding or renewal obligations, shall	3970
be allocated by the director of the Ohio public works commission	3971
as follows:	3972

(1) First, fifteen million dollars of the amount of	3973
obligations authorized shall be allocated to provide financial	3974
assistance to villages and to townships with populations in the	3975
unincorporated areas of the township of less than five thousand	3976
persons, for capital improvements in accordance with section	3977
164.051 and division (D) of section 164.06 of the Revised Code. As	3978
used in division (B)(1) of this section, "capital improvements"	3979
includes resurfacing and improving roads.	3980

(2) Following the allocation required by division (B)(1) of	3981
this section, the director may allocate three million dollars of	3982
the authorized obligations to provide financial assistance to	3983
local subdivisions for capital improvement projects which in the	3984
judgment of the director of the Ohio public works commission are	3985
necessary for the immediate preservation of the health, safety,	3986
and welfare of the citizens of the local subdivision requesting	3987
assistance.	3988

(3) ~~For the second, third, fourth, and fifth years that~~	3989
~~obligations are authorized and are available for allocation under~~	3990
~~this chapter, one million dollars shall be allocated to the sewer~~	3991
~~and water fund created in section 1525.11 of the Revised Code.~~	3992
~~Money from this allocation shall be transferred to that fund when~~	3993
~~needed to support specific payments from that fund.~~	3994

~~(4)~~ For program years twelve and fourteen that obligations	3995
are authorized and available for allocation under this chapter,	3996
two million dollars each program year shall be allocated to the	3997
small county capital improvement program for use in providing	3998
financial assistance under division (F) of section 164.02 of the	3999
Revised Code.	4000

~~(5) After the allocation required by division (B)(3) of this~~	4001
~~section is made, the~~(4) The director shall determine the amount	4002
of the remaining obligations authorized to be issued and sold that	4003
each county would receive if such amounts were allocated on a per	4004
capita basis each year. If a county's per capita share for the	4005
year would be less than three hundred thousand dollars, the	4006
director shall allocate to the district in which that county is	4007
located an amount equal to the difference between three hundred	4008
thousand dollars and the county's per capita share.	4009

~~(6)~~(5) After making the allocation required by division	4010
(B)~~(5)~~(4) of this section, the director shall allocate the	4011
remaining amount to each district on a per capita basis.	4012

(C)(1) There is hereby created in the state treasury the	4013
state capital improvements revolving loan fund, into which shall	4014
be deposited all repayments of loans made to local subdivisions	4015
for capital improvements pursuant to this chapter. Investment	4016
earnings on moneys in the fund shall be credited to the fund.	4017

(2) There may also be deposited in the state capital	4018
improvements revolving loan fund moneys obtained from federal or	4019
private grants, or from other sources, which are to be used for	4020
any of the purposes authorized by this chapter. Such moneys shall	4021
be allocated each year in accordance with division (B)~~(6)~~(5) of	4022
this section.	4023

(3) Moneys deposited into the state capital improvements	4024
revolving loan fund shall be used to make loans for the purpose of	4025
financing or assisting in the financing of the cost of capital	4026
improvement projects of local subdivisions.	4027

(4) Investment earnings credited to the state capital	4028
improvements revolving loan fund that exceed the amounts required	4029
to meet estimated federal arbitrage rebate requirements shall be	4030
used to pay costs incurred by the public works commission in	4031
administering this section. Investment earnings credited to the	4032
state capital improvements revolving loan fund that exceed the	4033
amounts required to pay for the administrative costs and estimated	4034
rebate requirements shall be allocated to each district on a per	4035
capita basis.	4036

(5) Each program year, loan repayments received and on	4037
deposit in the state capital improvements revolving loan fund	4038
shall be allocated as follows:	4039

(a) Each district public works integrating committee shall be	4040
allocated an amount equal to the sum of all loan repayments made	4041
to the state capital improvements revolving loan fund by local	4042
subdivisions that are part of the district. Moneys not used in a	4043
program year may be used in the next program year in the same	4044
manner and for the same purpose as originally allocated.	4045

(b) Loan repayments made pursuant to projects approved under	4046
division (B)(1) of this section shall be used to make loans in	4047
accordance with section 164.051 and division (D) of section 164.06	4048
of the Revised Code. Allocations for this purpose made pursuant to	4049
division (C)(5) of this section shall be in addition to the	4050
allocation provided in division (B)(1) of this section.	4051

(c) Loan repayments made pursuant to projects approved under	4052
division (B)(2) of this section shall be used to make loans in	4053
accordance with division (B)(2) of this section. Allocations for	4054
this purpose made pursuant to division (C)(5) of this section	4055
shall be in addition to the allocation provided in division (B)(2)	4056
of this section.	4057

(d) Loans made from the state capital improvements revolving	4058
loan fund shall not be limited in their usage by divisions (E),	4059
(F), (G), (H), and (I) of section 164.05 of the Revised Code.	4060

(D) Investment earnings credited to the state capital	4061
improvements fund that exceed the amounts required to meet	4062
estimated federal arbitrage rebate requirements shall be used to	4063
pay costs incurred by the public works commission in administering	4064
sections 164.01 to 164.12 of the Revised Code.	4065

(E) The director of the Ohio public works commission shall	4066
notify the director of budget and management of the amounts	4067
allocated pursuant to this section and such information shall be	4068
entered into the state accounting system. The director of budget	4069
and management shall establish appropriation line items as needed	4070
to track these allocations.	4071

(F) If the amount of a district's allocation in a program	4072
year exceeds the amount of financial assistance approved for the	4073
district by the commission for that year, the remaining portion of	4074
the district's allocation shall be added to the district's	4075
allocation pursuant to division (B) of this section for the next	4076
succeeding year for use in the same manner and for the same	4077
purposes as it was originally allocated, except that any portion	4078
of a district's allocation which was available for use on new or	4079
expanded infrastructure pursuant to division (H) of section 164.05	4080
of the Revised Code shall be available in succeeding years only	4081
for the repair and replacement of existing infrastructure.	4082

(G) When an allocation based on population is made by the	4083
director pursuant to division (B) of this section, the director	4084
shall use the most recent decennial census statistics, and shall	4085
not make any reallocations based upon a change in a district's	4086
population.	4087

Sec. 166.01. As used in this chapter:

4088

(A) "Allowable costs" means all or part of the costs of	4089
project facilities, eligible projects, eligible innovation	4090
projects, eligible research and development projects, eligible	4091
advanced energy projects, or eligible logistics and distribution	4092
projects, including costs of acquiring, constructing,	4093
reconstructing, rehabilitating, renovating, enlarging, improving,	4094
equipping, or furnishing project facilities, eligible projects,	4095
eligible innovation projects, eligible research and development	4096
projects, eligible advanced energy projects, or eligible logistics	4097
and distribution projects, site clearance and preparation,	4098
supplementing and relocating public capital improvements or	4099
utility facilities, designs, plans, specifications, surveys,	4100
studies, and estimates of costs, expenses necessary or incident to	4101
determining the feasibility or practicability of assisting an	4102
eligible project, an eligible innovation project, an eligible	4103
research and development project, an eligible advanced energy	4104
project, or an eligible logistics and distribution project, or	4105
providing project facilities or facilities related to an eligible	4106
project, an eligible innovation project, an eligible research and	4107
development project, an eligible advanced energy project, or an	4108
eligible logistics and distribution project, architectural,	4109
engineering, and legal services fees and expenses, the costs of	4110
conducting any other activities as part of a voluntary action, and	4111
such other expenses as may be necessary or incidental to the	4112
establishment or development of an eligible project, an eligible	4113
innovation project, an eligible research and development project,	4114
an eligible advanced energy project, or an eligible logistics and	4115
distribution project, and reimbursement of moneys advanced or	4116
applied by any governmental agency or other person for allowable	4117
costs.	4118

(B) "Allowable innovation costs" includes allowable costs of	4119
eligible innovation projects and, in addition, includes the costs	4120
of research and development of eligible innovation projects;	4121
obtaining or creating any requisite software or computer hardware	4122
related to an eligible innovation project or the products or	4123
services associated therewith; testing (including, without	4124
limitation, quality control activities necessary for initial	4125
production), perfecting, and marketing of such products and	4126
services; creating and protecting intellectual property related to	4127
an eligible innovation project or any products or services related	4128
thereto, including costs of securing appropriate patent,	4129
trademark, trade secret, trade dress, copyright, or other form of	4130
intellectual property protection for an eligible innovation	4131
project or related products and services; all to the extent that	4132
such expenditures could be capitalized under then-applicable	4133
generally accepted accounting principles; and the reimbursement of	4134
moneys advanced or applied by any governmental agency or other	4135
person for allowable innovation costs.	4136

(C) "Eligible innovation project" includes an eligible	4137
project, including any project facilities associated with an	4138
eligible innovation project and, in addition, includes all	4139
tangible and intangible property related to a new product or	4140
process based on new technology or the creative application of	4141
existing technology, including research and development, product	4142
or process testing, quality control, market research, and related	4143
activities, that is to be acquired, established, expanded,	4144
remodeled, rehabilitated, or modernized for industry, commerce,	4145
distribution, or research, or any combination thereof, the	4146
operation of which, alone or in conjunction with other eligible	4147
projects, eligible innovation projects, or innovation property,	4148
will create new jobs or preserve existing jobs and employment	4149
opportunities and improve the economic welfare of the people of	4150
the state.	4151

(D) "Eligible project" means project facilities to be	4152
acquired, established, expanded, remodeled, rehabilitated, or	4153
modernized for industry, commerce, distribution, or research, or	4154
any combination thereof, the operation of which, alone or in	4155
conjunction with other facilities, will create new jobs or	4156
preserve existing jobs and employment opportunities and improve	4157
the economic welfare of the people of the state. "Eligible	4158
project" includes, without limitation, a voluntary action. For	4159
purposes of this division, "new jobs" does not include existing	4160
jobs transferred from another facility within the state, and	4161
"existing jobs" includes only those existing jobs with work places	4162
within the municipal corporation or unincorporated area of the	4163
county in which the eligible project is located.	4164

"Eligible project" does not include project facilities to be	4165
acquired, established, expanded, remodeled, rehabilitated, or	4166
modernized for industry, commerce, distribution, or research, or	4167
any combination of industry, commerce, distribution, or research,	4168
if the project facilities consist solely of	4169
point-of-final-purchase retail facilities. If the project	4170
facilities consist of both point-of-final-purchase retail	4171
facilities and nonretail facilities, only the portion of the	4172
project facilities consisting of nonretail facilities is an	4173
eligible project. If a warehouse facility is part of a	4174
point-of-final-purchase retail facility and supplies only that	4175
facility, the warehouse facility is not an eligible project.	4176
Catalog distribution facilities are not considered	4177
point-of-final-purchase retail facilities for purposes of this	4178
paragraph, and are eligible projects.	4179

(E) "Eligible research and development project" means an	4180
eligible project, including project facilities, comprising,	4181
within, or related to, a facility or portion of a facility at	4182
which research is undertaken for the purpose of discovering	4183
information that is technological in nature and the application of	4184
which is intended to be useful in the development of a new or	4185
improved product, process, technique, formula, or invention, a new	4186
product or process based on new technology, or the creative	4187
application of existing technology.	4188

(F) "Financial assistance" means inducements under division	4189
(B) of section 166.02 of the Revised Code, loan guarantees under	4190
section 166.06 of the Revised Code, and direct loans under section	4191
166.07 of the Revised Code.	4192

(G) "Governmental action" means any action by a governmental	4193
agency relating to the establishment, development, or operation of	4194
an eligible project, eligible innovation project, eligible	4195
research and development project, eligible advanced energy	4196
project, or eligible logistics and distribution project, and	4197
project facilities that the governmental agency acting has	4198
authority to take or provide for the purpose under law, including,	4199
but not limited to, actions relating to contracts and agreements,	4200
zoning, building, permits, acquisition and disposition of	4201
property, public capital improvements, utility and transportation	4202
service, taxation, employee recruitment and training, and liaison	4203
and coordination with and among governmental agencies.	4204

(H) "Governmental agency" means the state and any state	4205
department, division, commission, institution or authority; a	4206
municipal corporation, county, or township, and any agency	4207
thereof, and any other political subdivision or public corporation	4208
or the United States or any agency thereof; any agency,	4209
commission, or authority established pursuant to an interstate	4210
compact or agreement; and any combination of the above.	4211

(I) "Innovation financial assistance" means inducements under	4212
division (B) of section 166.12 of the Revised Code, innovation	4213
Ohio loan guarantees under section 166.15 of the Revised Code, and	4214
innovation Ohio loans under section 166.16 of the Revised Code.	4215

(J) "Innovation Ohio loan guarantee reserve requirement"	4216
means, at any time, with respect to innovation loan guarantees	4217
made under section 166.15 of the Revised Code, a balance in the	4218
innovation Ohio loan guarantee fund equal to the greater of twenty	4219
per cent of the then-outstanding principal amount of all	4220
outstanding innovation loan guarantees made pursuant to section	4221
166.15 of the Revised Code or fifty per cent of the principal	4222
amount of the largest outstanding guarantee made pursuant to	4223
section 166.15 of the Revised Code.	4224

(K) "Innovation property" includes property and also includes	4225
software, inventory, licenses, contract rights, goodwill,	4226
intellectual property, including without limitation, patents,	4227
patent applications, trademarks and service marks, and trade	4228
secrets, and other tangible and intangible property, and any	4229
rights and interests in or connected to the foregoing.	4230

(L) "Loan guarantee reserve requirement" means, at any time,	4231
with respect to loan guarantees made under section 166.06 of the	4232
Revised Code, a balance in the loan guarantee fund equal to the	4233
greater of twenty per cent of the then-outstanding principal	4234
amount of all outstanding guarantees made pursuant to section	4235
166.06 of the Revised Code or fifty per cent of the principal	4236
amount of the largest outstanding guarantee made pursuant to	4237
section 166.06 of the Revised Code.	4238

(M) "Person" means any individual, firm, partnership,	4239
association, corporation, or governmental agency, and any	4240
combination thereof.	4241

(N) "Project facilities" means buildings, structures, and	4242
other improvements, and equipment and other property, excluding	4243
small tools, supplies, and inventory, and any one, part of, or	4244
combination of the above, comprising all or part of, or serving or	4245
being incidental to, an eligible project, an eligible innovation	4246
project, an eligible research and development project, an eligible	4247
advanced energy project, or an eligible logistics and distribution	4248
project, including, but not limited to, public capital	4249
improvements.	4250

(O) "Property" means real and personal property and interests	4251
therein.	4252

(P) "Public capital improvements" means capital improvements	4253
or facilities that any governmental agency has authority to	4254
acquire, pay the costs of, own, maintain, or operate, or to	4255
contract with other persons to have the same done, including, but	4256
not limited to, highways, roads, streets, water and sewer	4257
facilities, railroad and other transportation facilities, and air	4258
and water pollution control and solid waste disposal facilities.	4259
For purposes of this division, "air pollution control facilities"	4260
includes, without limitation, solar, geothermal, biofuel, biomass,	4261
wind, hydro, wave, and other advanced energy projects as defined	4262
in section 3706.25 of the Revised Code.	4263

(Q) "Research and development financial assistance" means	4264
inducements under section 166.17 of the Revised Code, research and	4265
development loans under section 166.21 of the Revised Code, and	4266
research and development tax credits under sections 5733.352 and	4267
5747.331 of the Revised Code.	4268

(R) "Targeted innovation industry sectors" means industry	4269
sectors involving the production or use of advanced materials,	4270
instruments, controls and electronics, power and propulsion,	4271
biosciences, and information technology, or such other sectors as	4272
may be designated by the director of development services.	4273

(S) "Voluntary action" means a voluntary action, as defined	4274
in section 3746.01 of the Revised Code, that is conducted under	4275
the voluntary action program established in Chapter 3746. of the	4276
Revised Code.	4277

(T) "Project financing obligations" means obligations issued	4278
pursuant to section 166.08 of the Revised Code other than	4279
obligations for which the bond proceedings provide that bond	4280
service charges shall be paid from receipts of the state	4281
representing gross profit on the sale of spirituous liquor as	4282
referred to in division (B)(4) of section 4310.10 of the Revised	4283
Code.	4284

(U) "Regional economic development entity" means an entity	4285
that is under contract with the director ~~of development~~ to	4286
administer a loan program under this chapter in a particular area	4287
of this state.	4288

(V) "Advanced energy research and development fund" means the	4289
advanced energy research and development fund created in section	4290
3706.27 of the Revised Code.	4291

(W) "Advanced energy research and development taxable fund"	4292
means the advanced energy research and development taxable fund	4293
created in section 3706.27 of the Revised Code.	4294

(X) "Eligible advanced energy project" means an eligible	4295
project that is an "advanced energy project" as defined in section	4296
3706.25 of the Revised Code.	4297

(Y) "Eligible logistics and distribution project" means an	4298
eligible project, including project facilities, to be acquired,	4299
established, expanded, remodeled, rehabilitated, or modernized for	4300
transportation logistics and distribution infrastructure purposes.	4301
As used in this division, "transportation logistics and	4302
distribution infrastructure purposes" means promoting, providing	4303
for, and enabling improvements to the ground, air, and water	4304
transportation infrastructure comprising the transportation system	4305
in this state, including, without limitation, highways, streets,	4306
roads, bridges, railroads carrying freight, and air and water	4307
ports and port facilities, and all related supporting facilities.	4308

(Z) "Department of development" means the development	4309
services agency and "director of development" means the director	4310
of development services.	4311

Sec. 166.04. (A) Prior to entering into each agreement to	4312
provide assistance under sections 166.02, 166.06, and 166.07 of	4313
the Revised Code, the director of development services shall	4314
determine whether the assistance will conform to the requirements	4315
of sections 166.01 to 166.11 of the Revised Code. Such	4316
determination, and the facts upon which it is based, shall be set	4317
forth, where required, by the director in submissions made to the	4318
controlling board ~~for purposes of section 166.03 and, unless~~	4319
~~provision of the assistance has been recommended to the director~~	4320
~~by a regional economic development entity, to the development~~	4321
~~financing advisory council under section 166.05~~when the director	4322
seeks a release of moneys under section 166.02 of the Revised	4323
Code. An agreement to provide assistance under sections 166.02,	4324
166.06, and 166.07 of the Revised Code shall set forth such	4325
determination, which shall be conclusive for purposes of the	4326
validity and enforceability of such agreement and any loan	4327
guarantees, loans, or other agreements entered into pursuant to	4328
such agreement to provide assistance.	4329

(B) Whenever a person applies for financial assistance under	4330
sections 166.02, 166.06, and 166.07 of the Revised Code and the	4331
project for which assistance is requested is to relocate	4332
facilities that are currently being operated by the person and	4333
that are located in another county, municipal corporation, or	4334
township, the director shall provide written notification to the	4335
appropriate local governmental bodies and state officials. The	4336
notification shall contain the following information:	4337

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

4338

(2) The county, and the municipal corporation or township, in	4339
which the project for which assistance is requested is located;	4340
and	4341

(3) The county, and the municipal corporation or township, in	4342
which the facility to be replaced is located.	4343

~~The director shall provide the written notification to the~~	4344
~~appropriate local governmental bodies and state officials so that~~	4345
~~they receive the notification at least five days before the~~	4346
~~development financing advisory council meeting at which the~~	4347
~~council considers the request for financial assistance pursuant to~~	4348
~~section 166.05 of the Revised Code.~~	4349

4350

(1) "Appropriate local governmental bodies" means:

4351

(a) The boards of county commissioners or legislative	4352
authorities of the county in which the project for which	4353
assistance is requested is located and of the county in which the	4354
facility to be replaced is located;	4355

(b) The legislative authority of the municipal corporation or	4356
the board of township trustees of the township in which the	4357
project for which assistance is requested is located; and	4358

(c) The legislative authority of the municipal corporation or	4359
the board of township trustees of the township in which the	4360
facility to be replaced is located.	4361

(2) "State officials" means:

4362

(a) The state representative and state senator in whose	4363
districts the project for which assistance is requested is	4364
located;	4365

(b) The state representative and state senator in whose	4366
districts the facility to be replaced is located.	4367

Sec. 166.05. (A) In determining the projects to be assisted	4368
and the nature, amount, and terms of assistance to be provided for	4369
an eligible project under sections 166.02, 166.06, and 166.07 of	4370
the Revised Code:	4371

(1) ~~Except as otherwise provided in division (A)(3) of this~~	4372
~~section, the~~The director of development services shall take into	4373
consideration all of the following:	4374

(a) The number of jobs to be created or preserved, directly	4375
or indirectly;	4376

(b) Payrolls, and the taxes generated, at both state and	4377
local levels, by the eligible project and by the employment	4378
created or preserved by the eligible project;	4379

(c) The size, nature, and cost of the eligible project,	4380
including the prospect of the project for providing long-term jobs	4381
in enterprises consistent with the changing economics of the state	4382
and the nation;	4383

(d) The needs, and degree of needs, of the area in which the	4384
eligible project is to be located;	4385

(e) The needs of any private sector enterprise to be	4386
assisted;	4387

(f) The competitive effect of the assistance on other	4388
enterprises providing jobs for people of the state;	4389

(g) The amount and kind of assistance, if any, to be provided	4390
to the private sector enterprise by other governmental agencies	4391
through tax exemption or abatement, financing assistance with	4392
industrial development bonds, and otherwise, with respect to the	4393
eligible project;	4394

(h) The impact of the eligible project and its operations on	4395
local government services, including school services, and on	4396
public facilities;	4397

(i) The effect of the assistance on the loss of or damage to	4398
or destruction of prime farmland, or the removal from agricultural	4399
production of prime farmland. As used in this section, "prime	4400
farmland" means agricultural land that meets the criteria for this	4401
classification as defined by the United States soil conservation	4402
service.	4403

(j) The length of time the operator of the project has been	4404
operating facilities within the state.	4405

(2) The benefits to the local area, including taxes, jobs,	4406
and reduced unemployment and reduced welfare costs, among others,	4407
may be accorded value in the leasing or sales of project	4408
facilities and in loan and guarantee arrangements.	4409

(B) Prior to granting final approval of the assistance to be	4410
provided, the director shall determine that the benefits to be	4411
derived by the state and local area from the establishment or	4412
development, and operation, of the eligible project will exceed	4413
the cost of providing such assistance and~~, except as provided in~~	4414
~~division (C)(2) of this section,~~ shall submit to the ~~development~~	4415
~~financing advisory council and to the~~ controlling board a copy of	4416
that determination including the basis for the determination.	4417

(C)~~(1) Except as provided in division (C)(2) of this section,~~	4418
~~prior to the submission provided for in division (B) of this~~	4419
~~section to the controlling board, the director shall submit to the~~	4420
~~development financing advisory council data pertinent to the~~	4421
~~considerations set forth in division (A) of this section, the~~	4422
~~terms of the proposed assistance, and such other relevant~~	4423
~~information as the development financing advisory council may~~	4424
~~request.~~	4425

~~(2) The director is not required to submit any determination,~~	4426
~~data, terms, or other application materials or information to the~~	4427
~~development financing advisory council when provision of the~~	4428
~~assistance has been recommended to the director by a regional~~	4429
~~economic development entity.~~	4430

~~(D) The development financing advisory council, on the basis~~	4431
~~of such data, shall make recommendations as to the appropriateness~~	4432
~~of the assistance to be provided. The recommendations may be~~	4433
~~revised to reflect any changes in the proposed assistance as the~~	4434
~~director may submit to the council. The recommendations, as~~	4435
~~amended, of the council as to the appropriateness of the proposed~~	4436
~~assistance shall be submitted to the controlling board.~~	4437

~~(E)~~ Financial statements and other data submitted to the	4438
director of development~~, the development financing advisory~~	4439
~~council,~~services or the controlling board by any private sector	4440
person in connection with financial assistance under sections	4441
166.02, 166.06, and 166.07 of the Revised Code, or any information	4442
taken from such statements or data for any purpose, shall not be	4443
open to public inspection. ~~The development financing advisory~~	4444
~~council in considering confidential information in connection with~~	4445
~~financial assistance under sections 166.02, 166.06, and 166.07 of~~	4446
~~the Revised Code may, only for consideration of the confidential~~	4447
~~information referred to, and in the manner provided in division~~	4448
~~(E) of section 121.22 of the Revised Code, close the meeting~~	4449
~~during such consideration.~~	4450

Sec. 166.13. (A) Prior to entering into each agreement to	4451
provide innovation financial assistance under sections 166.12,	4452
166.15, and 166.16 of the Revised Code, the director of	4453
development services shall determine whether the assistance will	4454
conform to the requirements of sections 166.12 to 166.16 of the	4455
Revised Code. Such determination, and the facts upon which it is	4456
based, shall be set forth by the director in submissions made to	4457
the controlling board ~~for purposes of section 166.16 of the~~	4458
~~Revised Code and to the development financing advisory council~~	4459
~~under section 166.14~~when the director seeks a release of moneys	4460
under section 166.12 of the Revised Code. An agreement to provide	4461
assistance under sections 166.12, 166.15, and 166.16 of the	4462
Revised Code shall set forth the determination, which shall be	4463
conclusive for purposes of the validity and enforceability of the	4464
agreement and any innovation loan guarantees, innovation loans, or	4465
other agreements entered into pursuant to the agreement to provide	4466
innovation financial assistance.	4467

(B) Whenever a person applies for innovation financial	4468
assistance under sections 166.12, 166.15, and 166.16 of the	4469
Revised Code and the eligible innovation project for which	4470
innovation financial assistance is requested is to relocate an	4471
eligible innovation project that is currently being operated by	4472
the person and that is located in another county, municipal	4473
corporation, or township, the director shall provide written	4474
notification to the appropriate local governmental bodies and	4475
state officials. The notification shall contain the following	4476
information:	4477

(1) The name of the person applying for innovation financial	4478
assistance;	4479

(2) The county, and the municipal corporation or township, in	4480
which the eligible innovation project for which innovation	4481
financial assistance is requested is located; and	4482

(3) The county, and the municipal corporation or township, in	4483
which the eligible innovation project to be replaced is located.	4484

~~The director shall provide the written notification to the~~	4485
~~appropriate local governmental bodies and state officials so that~~	4486
~~they receive the notification at least five days before the~~	4487
~~development financing advisory council meeting at which the~~	4488
~~council considers the request for innovation financial assistance~~	4489
~~pursuant to sections 166.12, 166.15, and 166.16 of the Revised~~	4490
~~Code.~~	4491

4492

(1) "Appropriate local governmental bodies" means:

4493

(a) The boards of county commissioners or legislative	4494
authorities of the county in which the project for which	4495
innovation financial assistance is requested is located and of the	4496
county in which the eligible innovation project to be replaced is	4497
located;	4498

(b) The legislative authority of the municipal corporation or	4499
the board of township trustees of the township in which the	4500
eligible innovation project for which innovation financial	4501
assistance is requested is located; and	4502

(c) The legislative authority of the municipal corporation or	4503
the board of township trustees of the township in which the	4504
eligible innovation project to be replaced is located.	4505

(2) "State officials" means:

4506

(a) The state representative and state senator in whose	4507
districts the project for which innovation financial assistance is	4508
requested is located;	4509

(b) The state representative and state senator in whose	4510
districts the innovation project to be replaced is located.	4511

Sec. 166.14. (A) In determining the eligible innovation	4512
projects to be assisted and the nature, amount, and terms of	4513
innovation financial assistance to be provided for an eligible	4514
innovation project under sections 166.12 to 166.16 of the Revised	4515
Code:	4516

(1) The director of development services shall take into	4517
consideration all of the following:	4518

(a) The number of jobs to be created or preserved by the	4519
eligible innovation project, directly or indirectly;	4520

(b) Payrolls, and the taxes generated, at both state and	4521
local levels, by or in connection with the eligible innovation	4522
project and by the employment created or preserved by or in	4523
connection with the eligible innovation project;	4524

(c) The size, nature, and cost of the eligible innovation	4525
project, including the prospect of the eligible innovation project	4526
for providing long-term jobs in enterprises consistent with the	4527
changing economics of the state and the nation;	4528

(d) The needs of any private sector enterprise to be	4529
assisted;	4530

(e) The amount and kind of assistance, if any, to be provided	4531
to the private sector enterprise by other governmental agencies	4532
through tax exemption or abatement, financing assistance with	4533
industrial development bonds, and otherwise, with respect to the	4534
eligible innovation project or with respect to any providers of	4535
innovation property to be included as part of the eligible	4536
innovation project;	4537

(f) The likelihood of the successful implementation of the	4538
proposed eligible innovation project;	4539

(g) Whether the eligible innovation project involves the use	4540
of technology in a targeted innovation industry sector.	4541

(2) The benefits to the local area, including taxes, jobs,	4542
and reduced unemployment and reduced welfare costs, among others,	4543
may be accorded value in the leasing or sales of innovation	4544
project facilities and in loan and guarantee arrangements.	4545

(3) In making determinations under division (A)(1) of this	4546
section, the director may consider the effect of an eligible	4547
innovation project upon any entity engaged to provide innovation	4548
property to be acquired, leased, or licensed in connection with	4549
such assistance.	4550

(B) ~~The director shall submit to the development financing~~	4551
~~advisory council data pertinent to the considerations set forth in~~	4552
~~division (A) of this section, the terms of the proposed innovation~~	4553
~~financial assistance, and such other relevant information as the~~	4554
~~council may request.~~	4555

~~(C) The development financing advisory council, on the basis~~	4556
~~of such data, shall make recommendations as to the appropriateness~~	4557
~~of the innovation financial assistance to be provided. The~~	4558
~~recommendations may be revised to reflect any changes in the~~	4559
~~proposed innovation financial assistance as the director may~~	4560
~~submit to the council. The recommendations, as amended, of the~~	4561
~~council as to the appropriateness of the proposed innovation~~	4562
~~financial assistance shall be submitted to the controlling board.~~	4563

~~(D)~~ Financial statements and other data submitted to the	4564
director of development~~, the development financing advisory~~	4565
~~council,~~services or the controlling board by any private sector	4566
person in connection with innovation financial assistance under	4567
sections 166.12, 166.15, and 166.16 of the Revised Code, or any	4568
information taken from such statements or data for any purpose,	4569
shall not be open to public inspection. ~~The development financing~~	4570
~~advisory council in considering confidential information in~~	4571
~~connection with innovation financial assistance under this chapter~~	4572
~~may, only for consideration of the confidential information~~	4573
~~referred to, and in the manner provided in division (E) of section~~	4574
~~121.22 of the Revised Code, close the meeting during such~~	4575
~~consideration.~~	4576

Sec. 166.18. (A) Prior to entering into each agreement to	4577
provide research and development financial assistance, the	4578
director of development services shall determine whether the	4579
assistance will conform to the requirements of sections 166.17 to	4580
166.21, 5733.352, and 5747.331 of the Revised Code. Such	4581
determination, and the facts upon which it is based, shall be set	4582
forth by the director in submissions made to the controlling board	4583
~~for purposes of section 166.17 of the Revised Code and to the~~	4584
~~development financing advisory council under section 166.19~~when	4585
the director seeks a release of moneys under section 166.17 of the	4586
Revised Code. An agreement to provide research and development	4587
financial assistance under section 166.17 or 166.21 of the Revised	4588
Code shall set forth the determination, which shall be conclusive	4589
for purposes of the validity and enforceability of the agreement,	4590
and any loans or other agreements entered into pursuant to the	4591
agreement, to provide research and development financial	4592
assistance.	4593

(B) Whenever a person applies for research and development	4594
financial assistance, and the eligible research and development	4595
project for which that assistance is requested is to relocate an	4596
eligible research and development project that is currently being	4597
operated by the person and that is located in another county,	4598
municipal corporation, or township within the state, the director	4599
shall provide written notification to the appropriate local	4600
governmental bodies and state officials. The notification shall	4601
state all of the following:	4602

(1) The name of the person applying for research and	4603
development financial assistance;	4604

(2) The county, and the municipal corporation or township, in	4605
which the project for which research and development financial	4606
assistance is requested will be located;	4607

(3) The county, and the municipal corporation or township, in	4608
which the eligible research and development project is located at	4609
the time such financial assistance is requested.	4610

~~The director shall provide the written notification to the~~	4611
~~appropriate local governmental bodies and state officials so that~~	4612
~~they receive the notification at least five days before the~~	4613
~~development financing advisory council meeting at which the~~	4614
~~council considers the request for research and development~~	4615
~~financial assistance.~~	4616

4617

(1) "Appropriate local governmental bodies" means all of the	4618
following:	4619

(a) The board of county commissioners of or legislative	4620
authorities of special districts in the county in which the	4621
eligible research and development project for which research and	4622
development financial assistance is requested is located and of	4623
the county in which the project will be located;	4624

(b) The legislative authority of the municipal corporation or	4625
the board of township trustees of the township in which the	4626
eligible research and development project for which research and	4627
development financial assistance is requested is located and of	4628
the municipal corporation or township in which the project will be	4629
located.	4630

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

4631

(a) The state representative and state senator in whose	4632
district the eligible research and development project for which	4633
research and development financial assistance is requested is	4634
located;	4635

(b) The state representative and state senator in whose	4636
district the eligible research and development project will be	4637
located.	4638

Sec. 166.19. (A)(1) In determining the eligible research and	4639
development projects to be assisted and the nature, amount, and	4640
terms of the research and development financial assistance to be	4641
provided, the director of development services shall consider all	4642
of the following:	4643

(a) The number of jobs to be created or preserved, directly	4644
or indirectly, by or in connection with the eligible research and	4645
development project;	4646

(b) Payrolls, and the taxes generated at both state and local	4647
levels, by the eligible research and development project and by	4648
the employment created or preserved by or in connection with the	4649
project;	4650

(c) The size, nature, and cost of the eligible research and	4651
development project;	4652

(d) The likelihood that the eligible research and development	4653
project will create long-term jobs in enterprises consistent with	4654
the changing economy of the state and nation;	4655

(e) The needs of any private sector enterprise to be	4656
assisted, taking into consideration the amount and kind of	4657
assistance, if any, to be provided to the private sector	4658
enterprise by other governmental agencies through tax exemption or	4659
abatement, financing assistance with industrial development bonds,	4660
and otherwise, with respect to the eligible research and	4661
development project or with respect to any providers of research	4662
and development property to be included as part of the project;	4663

(f) The likelihood that the eligible research and development	4664
project will be successfully implemented.	4665

(2) The director may consider the benefits to the local area,	4666
including taxes, jobs, and reduced unemployment and reduced	4667
welfare costs, in the leasing or sale of eligible research and	4668
development project facilities and in loan arrangements.	4669

(3) The director may consider the effect of an eligible	4670
research and development project upon any entity engaged to	4671
provide research and development property to be acquired, leased,	4672
or licensed in connection with research and development financial	4673
assistance.	4674

(B) ~~The director shall submit to the development financing~~	4675
~~advisory council data pertinent to the considerations set forth in~~	4676
~~division (A) of this section, the terms of the proposed research~~	4677
~~and development assistance, and such other relevant information as~~	4678
~~the council may request.~~	4679

~~(C) The development financing advisory council, on the basis~~	4680
~~of the data submitted under division (B) of this section, shall~~	4681
~~make recommendations as to the appropriateness of the research and~~	4682
~~development financial assistance to be provided. The~~	4683
~~recommendations may be revised to reflect any changes in the~~	4684
~~proposed research and development financial assistance that the~~	4685
~~director may submit to the council. The recommendations of the~~	4686
~~council as to the appropriateness of the proposed research and~~	4687
~~development financial assistance shall be submitted to the~~	4688
~~controlling board.~~	4689

~~(D)~~ Financial statements and other data submitted to the	4690
director of development~~, the development financing advisory~~	4691
~~council,~~services or the controlling board by any private sector	4692
person in connection with research and development financial	4693
assistance, or any information taken from such statements or data	4694
for any purpose, shall not be open to public inspection. ~~The~~	4695
~~development financing advisory council, in considering~~	4696
~~confidential information in connection with research and~~	4697
~~development financial assistance may, only for consideration of~~	4698
~~the confidential information referred to and in the manner~~	4699
~~provided in division (E) of section 121.22 of the Revised Code,~~	4700
~~close the meeting during such consideration.~~	4701

Sec. 166.25. (A) The director of development services, with	4702
the approval of the controlling board and subject to the other	4703
applicable provisions of this chapter, may lend money in the	4704
logistics and distribution infrastructure fund and the logistics	4705
and distribution infrastructure taxable bond fund to persons for	4706
the purpose of paying allowable costs of eligible logistics and	4707
distribution projects.	4708

(B) In determining the eligible logistics and distribution	4709
projects to be assisted and the nature, amount, and terms of	4710
assistance to be provided for an eligible logistics and	4711
distribution project, the director shall consult with appropriate	4712
governmental agencies, including the department of transportation	4713
and the Ohio rail development commission.	4714

(C)~~(1) The director shall submit to the development financing~~	4715
~~advisory council the terms of the proposed assistance to be~~	4716
~~provided for an eligible logistics and distribution project and~~	4717
~~such other relevant information as the council may request.~~	4718

~~(2) The council, on the basis of such information, shall make~~	4719
~~recommendations as to the appropriateness of the assistance to be~~	4720
~~provided. The recommendations may be revised to reflect any~~	4721
~~changes in the proposed assistance the director may submit to the~~	4722
~~council.~~	4723

~~(3) The director shall submit the terms of the proposed~~	4724
~~assistance to be provided, along with the recommendations, as~~	4725
~~amended, of the council as to the appropriateness of the proposed~~	4726
~~assistance, to the controlling board.~~	4727

~~(D)~~ Any loan made pursuant to this section shall be evidenced	4728
by a loan agreement, which shall contain such terms as the	4729
director determines necessary or appropriate, including	4730
performance measures and reporting requirements. The director may	4731
take actions necessary or appropriate to collect or otherwise deal	4732
with any loan made under this section, including requiring a loan	4733
recipient to repay the amount of the loan plus interest at a rate	4734
of three per cent above the federal short term interest rate or	4735
any other rate determined by the director.	4736

Sec. 166.30. (A) The Ohio air quality development authority,	4737
with the approval of the controlling board and subject to sections	4738
3706.25 to 3706.30 of the Revised Code, may provide grants from	4739
money in the advanced energy research and development fund and may	4740
lend money in the advanced energy research and development taxable	4741
fund to persons for the purposes of paying allowable costs of	4742
eligible advanced energy projects.	4743

(B) In determining the eligible advanced energy projects to	4744
be assisted and the nature, amount, and terms of assistance to be	4745
provided for an eligible advanced energy project, the authority	4746
shall consult with appropriate governmental agencies.	4747

(C)~~(1) The authority shall submit to the development~~	4748
~~financing advisory council the terms of the proposed assistance to~~	4749
~~be provided for an eligible advanced energy project and such other~~	4750
~~relevant information as the council may request.~~	4751

~~(2) The council, on the basis of such information, shall make~~	4752
~~recommendations as to the appropriateness of the assistance to be~~	4753
~~provided. The recommendations may be revised to reflect any~~	4754
~~changes in the proposed assistance the authority may submit to the~~	4755
~~council.~~	4756

~~(3) The authority shall submit the terms of the proposed~~	4757
~~assistance to be provided, along with the recommendations, as~~	4758
~~amended, of the council as to the appropriateness of the proposed~~	4759
~~assistance, to the controlling board.~~	4760

~~(D)~~ Any grant or loan made pursuant to this section shall be	4761
evidenced by an agreement, which shall contain such terms as the	4762
authority determines necessary or appropriate, including	4763
performance measures and reporting requirements. The authority may	4764
take actions necessary or appropriate to collect or otherwise deal	4765
with any assistance provided under this section, including	4766
requiring a loan or grant recipient to repay the amount of the	4767
loan or grant plus interest at a rate of three per cent above the	4768
federal short term interest rate or any other rate determined by	4769
the authority.	4770

Sec. 174.01. As used in this chapter:

4771

(A) "Financial assistance" means grants, loans, loan	4772
guarantees, an equity position in a project, or loan subsidies.	4773

(B) "Grant" means funding the ~~department of~~ development	4774
services agency or the Ohio housing finance agency provides for	4775
which the ~~department or the~~relevant agency does not require	4776
repayment.	4777

(C) "Housing" means housing for owner-occupancy and	4778
multifamily rental housing.	4779

(D) "Housing for owner-occupancy" means housing that is	4780
intended for occupancy by an owner as a principal residence.	4781
"Housing for owner-occupancy" may be any type of structure and may	4782
be owned in any type of ownership.	4783

(E) "Housing trust fund" means the low- and moderate-income	4784
housing trust fund created and administered pursuant to Chapter	4785
174. of the Revised Code.	4786

(F) "Lending institution" means any financial institution	4787
qualified to conduct business in this state, a subsidiary	4788
corporation that is wholly owned by a financial institution	4789
qualified to conduct business in this state, and a mortgage lender	4790
whose regular business is originating, servicing, or brokering	4791
real estate loans and who is qualified to do business in this	4792
state.	4793

(G) "Loan" means any extension of credit or other form of	4794
financing or indebtedness directly or indirectly to a borrower	4795
with the expectation that it will be repaid in accordance with the	4796
terms of the underlying loan agreement or other pertinent	4797
document. "Loan" includes financing extended to lending	4798
institutions and indebtedness purchased from lending institutions.	4799

(H) "Loan guarantee" means any agreement in favor of a	4800
lending institution or other lender in which the credit and	4801
resources of the housing trust fund are pledged to secure the	4802
payment or collection of financing extended to a borrower for the	4803
acquisition, construction, improvement, rehabilitation or	4804
preservation of housing, or to refinance any financing previously	4805
extended for those purposes by any lender.	4806

(I) "Loan subsidy" means any deposit of funds into a lending	4807
institution with the authorization or direction that the income or	4808
revenues the deposit earns, or could have earned at competitive	4809
rates, be applied directly or indirectly to the benefit of housing	4810
assistance or financial assistance.	4811

(J) "Low- and moderate-income persons" means individuals and	4812
families who qualify as low- and moderate-income persons pursuant	4813
to guidelines the ~~department of~~ development services agency	4814
establishes.	4815

(K) "Multifamily rental housing" means multiple unit housing	4816
intended for rental occupancy.	4817

(L) "Nonprofit organization" means a nonprofit organization	4818
in good standing and qualified to conduct business in this state	4819
including any corporation whose members are members of a	4820
metropolitan housing authority.	4821

(M) "Department of development" means the development	4822
services agency and "director of development" means the director	4823
of development services.	4824

Sec. 184.01. (A) There is hereby created the third frontier	4825
commission in the ~~department of~~ development services agency. The	4826
purpose of the commission is to coordinate and administer science	4827
and technology programs to promote the welfare of the people of	4828
the state and to maximize the economic growth of the state through	4829
expansion of both of the following:	4830

(1) The state's high technology research and development	4831
capabilities;	4832

(2) The state's product and process innovation and	4833
commercialization.	4834

(B)(1) The commission shall consist of ~~nine~~eleven members:	4835
the director of development services, the chancellor of the Ohio	4836
board of regents, the governor's science and technology advisor,	4837
the chief investment officer of the nonprofit corporation formed	4838
under section 187.01 of the Revised Code, and ~~six~~seven persons	4839
appointed by the governor with the advice and consent of the	4840
senate.	4841

(2) Of the ~~six~~seven persons appointed by the governor, one	4842
shall represent the central region, which is composed of the	4843
counties of Delaware, Fairfield, Fayette, Franklin, Hocking, Knox,	4844
Licking, Logan, Madison, Marion, Morrow, Perry, Pickaway, Ross,	4845
and Union; one shall represent the west central region, which is	4846
composed of the counties of Champaign, Clark, Darke, Greene,	4847
Miami, Montgomery, Preble, and Shelby; one shall represent the	4848
northeast region, which is composed of the counties of Ashland,	4849
Ashtabula, Carroll, Crawford, Columbiana, Cuyahoga, Erie, Geauga,	4850
Holmes, Huron, Lake, Lorain, Mahoning, Medina, Portage, Richland,	4851
Stark, Summit, Trumbull, Tuscarawas, and Wayne; one shall	4852
represent the northwest region, which is composed of the counties	4853
of Allen, Auglaize, Defiance, Fulton, Hancock, Hardin, Henry,	4854
Lucas, Mercer, Ottawa, Paulding, Putnam, Sandusky, Seneca, Van	4855
Wert, Williams, Wood, and Wyandot; one shall represent the	4856
southeast region, which shall represent the counties of Adams,	4857
Athens, Belmont, Coshocton, Gallia, Guernsey, Harrison, Jackson,	4858
Jefferson, Lawrence, Meigs, Monroe, Morgan, Muskingum, Noble,	4859
Pike, Scioto, Vinton, and Washington; ~~and~~ one shall represent the	4860
southwest region, which is composed of the counties of Butler,	4861
Brown, Clermont, Clinton, Hamilton, Highland, and Warren; and one	4862
shall represent the public at large. Of the initial appointments,	4863
two shall be for one year, two shall be for two years, and two	4864
shall be for three years as assigned by the governor. Thereafter,	4865
appointments shall be for three-year terms. Members may be	4866
reappointed and vacancies shall be filled in the same manner as	4867
appointments. A person must have a background in business or	4868
research in order to be eligible for appointment to the	4869
commission.	4870

(3) The governor shall select a chairperson from among the	4871
members, who shall serve in that role at the pleasure of the	4872
governor. Sections 101.82 to 101.87 of the Revised Code do not	4873
apply to the commission.	4874

(C) The commission shall meet at least once during each	4875
quarter of the calendar year or at the call of the chairperson. A	4876
majority of all members of the commission constitutes a quorum,	4877
and no action shall be taken without the concurrence of a majority	4878
of the members.	4879

(D) The commission shall administer any money that may be	4880
appropriated to it by the general assembly. The commission may use	4881
such money for research and commercialization and for any other	4882
purposes that may be designated by the commission.	4883

(E) The ~~department of~~ development services agency shall	4884
provide office space and facilities for the commission.	4885
Administrative costs associated with the operation of the	4886
commission or with any program or activity administered by the	4887
commission shall be paid from amounts appropriated to the	4888
commission or to the ~~department of development~~agency for such	4889
purposes.	4890

(F) The attorney general shall serve as the legal	4891
representative for the commission and may appoint other counsel as	4892
necessary for that purpose in accordance with section 109.07 of	4893
the Revised Code.	4894

(G) Members of the commission shall serve without	4895
compensation, but shall receive their reasonable and necessary	4896
expenses incurred in the conduct of commission business.	4897

(H) Members of the commission shall file financial disclosure	4898
statements described in division (B) of section 102.02 of the	4899
Revised Code.	4900

Sec. 184.011. As used in this chapter, "department of	4901
development" means the development services agency and "director	4902
of development" means the director of development services.	4903

Sec. 187.01. As used in this chapter, "JobsOhio" means the	4904
nonprofit corporation formed under this section, and includes any	4905
subsidiary of that corporation. In any section of law that refers	4906
to the nonprofit corporation formed under this section, reference	4907
to the corporation includes reference to any such subsidiary	4908
unless otherwise specified or clearly appearing from the context.	4909

The governor is hereby authorized to form a nonprofit	4910
corporation, to be named "JobsOhio," with the purposes of	4911
promoting economic development, job creation, job retention, job	4912
training, and the recruitment of business to this state. Except as	4913
otherwise provided in this chapter, the corporation shall be	4914
organized and operated in accordance with Chapter 1702. of the	4915
Revised Code. The governor shall sign and file articles of	4916
incorporation for the corporation with the secretary of state. The	4917
legal existence of the corporation shall begin upon the filing of	4918
the articles.	4919

In addition to meeting the requirements for articles of	4920
incorporation in Chapter 1702. of the Revised Code, the articles	4921
of incorporation for the nonprofit corporation shall set forth the	4922
following:	4923

(A) The designation of the name of the corporation as	4924
JobsOhio;	4925

(B) The creation of a board of directors consisting of nine	4926
directors, to be appointed by the governor, who satisfy the	4927
qualifications prescribed by section 187.02 of the Revised Code;	4928

(C) A requirement that the governor make initial appointments	4929
to the board within sixty days after the filing of the articles of	4930
incorporation. Of the initial appointments made to the board, two	4931
shall be for a term ending one year after the date the articles	4932
were filed, two shall be for a term ending two years after the	4933
date the articles were filed, and five shall be for a term ending	4934
four years after the date the articles were filed. The articles	4935
shall state that, following the initial appointments, the governor	4936
shall appoint directors to terms of office of four years, with	4937
each term of office ending on the same day of the same month as	4938
did the term that it succeeds. If any director dies, resigns, or	4939
the director's status changes such that any of the requirements of	4940
division (C) of section 187.02 of the Revised Code are no longer	4941
met, that director's seat on the board shall become immediately	4942
vacant. The governor shall forthwith fill the vacancy by	4943
appointment for the remainder of the term of office of the vacated	4944
seat.	4945

(D) A requirement that the governor appoint one director to	4946
be chairperson of the board and procedures for electing directors	4947
to serve as officers of the corporation and members of an	4948
executive committee;	4949

(E) A provision for the appointment of a chief investment	4950
officer of the corporation by the recommendation of the board and	4951
approval of the governor. The chief investment officer shall serve	4952
at the pleasure of the board and shall have the power to execute	4953
contracts, spend corporation funds, and hire employees on behalf	4954
of the corporation. If the position of chief investment officer	4955
becomes vacant for any reason, the vacancy shall be filled in the	4956
same manner as provided in this division.	4957

(F) Provisions requiring the board to do all of the	4958
following:	4959

(1) Adopt one or more resolutions providing for compensation	4960
of the chief investment officer;	4961

(2) Approve an employee compensation plan recommended by the	4962
chief investment officer;	4963

(3) Approve a contract with the director of development	4964
services for the corporation to assist the director and the	4965
~~department of~~ development services agency with providing services	4966
or otherwise carrying out the functions or duties of the	4967
~~department~~agency, including the operation and management of	4968
programs, offices, divisions, or boards, as may be determined by	4969
the director of development services in consultation with the	4970
governor;	4971

(4) Approve all major contracts for services recommended by	4972
the chief investment officer;	4973

(5) Establish an annual strategic plan and standards of	4974
measure to be used in evaluating the corporation's success in	4975
executing the plan;	4976

(6) Establish a conflicts of interest policy that, at a	4977
minimum, complies with section 187.06 of the Revised Code;	4978

(7) Hold a minimum of four board of directors meetings per	4979
year at which a quorum of the board is physically present, and	4980
such other meetings, at which directors' physical presence is not	4981
required, as may be necessary. Meetings at which a quorum of the	4982
board is required to be physically present are subject to	4983
divisions (C), (D), and (E) of section 187.03 of the Revised Code.	4984

(8) Establish a records retention policy and present the	4985
policy, and any subsequent changes to the policy, at a meeting of	4986
the board of directors at which a quorum of the board is required	4987
to be physically present pursuant to division (F)(7) of this	4988
section;	4989

(9) Adopt standards of conduct for the directors.

4990

(G) A statement that directors shall not receive any	4991
compensation from the corporation, except that directors may be	4992
reimbursed for actual and necessary expenses incurred in	4993
connection with services performed for the corporation;	4994

(H) A provision authorizing the board to amend provisions of	4995
the corporation's articles of incorporation or regulations, except	4996
provisions required by this chapter;	4997

(I) Procedures by which the corporation would be dissolved	4998
and by which all corporation rights and assets would be	4999
distributed to the state or to another corporation organized under	5000
this chapter. These procedures shall incorporate any separate	5001
procedures subsequently set forth in this chapter for the	5002
dissolution of the corporation. The articles shall state that no	5003
dissolution shall take effect until the corporation has made	5004
adequate provision for the payment of any outstanding bonds,	5005
notes, or other obligations.	5006

(J) A provision establishing an audit committee to be	5007
comprised of directors. The articles shall require that the audit	5008
committee hire an independent certified public accountant to	5009
perform a financial audit of the corporation at least once every	5010
year.	5011

(K) A provision authorizing a majority of the disinterested	5012
directors to remove a director for misconduct, as that term may be	5013
defined in the articles or regulations of the corporation. The	5014
removal of a director under this division creates a vacancy on the	5015
board that the governor shall fill by appointment for the	5016
remainder of the term of office of the vacated seat.	5017

Sec. 187.03. (A) JobsOhio may perform such functions as	5018
permitted and shall perform such duties as prescribed by law and	5019
as set forth in any contract entered into under section 187.04 of	5020
the Revised Code, but shall not be considered a state or public	5021
department, agency, office, body, institution, or instrumentality	5022
for purposes of section 1.60 or Chapter 102., 121., 125., or 149.	5023
of the Revised Code. JobsOhio and its board of directors are not	5024
subject to the following sections of Chapter 1702. of the Revised	5025
Code: sections 1702.03, 1702.08, 1702.09, 1702.21, 1702.24,	5026
1702.26, 1702.27, 1702.28, 1702.29, 1702.301, 1702.33, 1702.34,	5027
1702.37, 1702.38, 1702.40 to 1702.52, 1702.521, 1702.54, 1702.57,	5028
1702.58, 1702.59, 1702.60, 1702.80, and 1702.99. Nothing in this	5029
division shall be construed to impair the powers and duties of the	5030
Ohio ethics commission described in section 102.06 of the Revised	5031
Code to investigate and enforce section 102.02 of the Revised Code	5032
with regard to individuals required to file statements under	5033
division (B)(2) of this section.	5034

(B)(1) Directors and employees of JobsOhio are not employees	5035
or officials of the state and, except as provided in division	5036
(B)(2) of this section, are not subject to Chapter 102., 124.,	5037
145., or 4117. of the Revised Code.	5038

(2) The chief investment officer, any other officer or	5039
employee with significant administrative, supervisory,	5040
contracting, or investment authority, and any director of JobsOhio	5041
shall file, with the Ohio ethics commission, a financial	5042
disclosure statement pursuant to section 102.02 of the Revised	5043
Code that includes, in place of the information required by	5044
divisions (A)(2), (7), (8), and (9) of that section, the	5045
information required by divisions (A) and (B) of section 102.022	5046
of the Revised Code. The governor shall comply with all applicable	5047
requirements of section 102.02 of the Revised Code.	5048

(3) Actual or in-kind expenditures for the travel, meals, or	5049
lodging of the governor or of any public official or employee	5050
designated by the governor for the purpose of this division shall	5051
not be considered a violation of section 102.03 of the Revised	5052
Code if the expenditures are made by the corporation, or on behalf	5053
of the corporation by any person, in connection with the	5054
governor's performance of official duties related to JobsOhio. The	5055
governor may designate any person, including a person who is a	5056
public official or employee as defined in section 102.01 of the	5057
Revised Code, for the purpose of this division if such	5058
expenditures are made on behalf of the person in connection with	5059
the governor's performance of official duties related to JobsOhio.	5060
A public official or employee so designated by the governor shall	5061
comply with all applicable requirements of section 102.02 of the	5062
Revised Code.	5063

At the times and frequency agreed to under division (B)(2)(b)	5064
of section 187.04 of the Revised Code, beginning in 2012, the	5065
corporation shall file with the ~~department of~~ development services	5066
agency a written report of all such expenditures paid or incurred	5067
during the preceding calendar year. The report shall state the	5068
dollar value and purpose of each expenditure, the date of each	5069
expenditure, the name of the person that paid or incurred each	5070
expenditure, and the location, if any, where services or benefits	5071
of an expenditure were received, provided that any such	5072
information that may disclose proprietary information as defined	5073
in division (C) of this section shall not be included in the	5074
report.	5075

(4) The prohibition applicable to former public officials or	5076
employees in division (A)(1) of section 102.03 of the Revised Code	5077
does not apply to any person appointed to be a director or hired	5078
as an employee of JobsOhio.	5079

(5) Notwithstanding division (A)(2) of section 145.01 of the	5080
Revised Code, any person who is a former state employee shall no	5081
longer be considered a public employee for purposes of Chapter	5082
145. of the Revised Code upon commencement of employment with	5083
JobsOhio.	5084

(6) Any director, officer, or employee of JobsOhio may	5085
request an advisory opinion from the Ohio ethics commission with	5086
regard to questions concerning the provisions of sections 102.02	5087
and 102.022 of the Revised Code to which the person is subject.	5088

(C) Meetings of the board of directors at which a quorum of	5089
the board is required to be physically present pursuant to	5090
division (F) of section 187.01 of the Revised Code shall be open	5091
to the public except, by a majority vote of the directors present	5092
at the meeting, such a meeting may be closed to the public only	5093
for one or more of the following purposes:	5094

(1) To consider business strategy of the corporation;

5095

(2) To consider proprietary information belonging to	5096
potential applicants or potential recipients of business	5097
recruitment, retention, or creation incentives. For the purposes	5098
of this division, "proprietary information" means marketing plans,	5099
specific business strategy, production techniques and trade	5100
secrets, financial projections, or personal financial statements	5101
of applicants or members of the applicants' immediate family,	5102
including, but not limited to, tax records or other similar	5103
information not open to the public inspection.	5104

(3) To consider legal matters, including litigation, in which	5105
the corporation is or may be involved;	5106

(4) To consider personnel matters related to an individual	5107
employee of the corporation.	5108

(D) The board of directors shall establish a reasonable	5109
method whereby any person may obtain the time and place of all	5110
public meetings described in division (C) of this section. The	5111
method shall provide that any person, upon request and payment of	5112
a reasonable fee, may obtain reasonable advance notification of	5113
all such meetings.	5114

(E) The board of directors shall promptly prepare, file, and	5115
maintain minutes of all public meetings described in division (C)	5116
of this section.	5117

(F) Not later than March 1, 2012, and the first day of March	5118
of each year thereafter, the chief investment officer of JobsOhio	5119
shall prepare and submit a report of the corporation's activities	5120
for the preceding year to the governor, the speaker and minority	5121
leader of the house of representatives, and the president and	5122
minority leader of the senate. The annual report shall include the	5123
following:	5124

(1) An analysis of the state's economy;

5125

(2) A description of the structure, operation, and financial	5126
status of the corporation;	5127

(3) A description of the corporation's strategy to improve	5128
the state economy and the standards of measure used to evaluate	5129
its progress;	5130

(4) An evaluation of the performance of current strategies	5131
and major initiatives;	5132

(5) An analysis of any statutory or administrative barriers	5133
to successful economic development, business recruitment, and job	5134
growth in the state identified by JobsOhio during the preceding	5135
year.	5136

Sec. 187.04. (A) The director of development services, as	5137
soon as practical after ~~the effective date of this section~~	5138
February 18, 2011, shall execute a contract with JobsOhio for the	5139
corporation to assist the director and the ~~department of~~	5140
development services agency with providing services or otherwise	5141
carrying out the functions or duties of the ~~department~~agency,	5142
including the operation and management of programs, offices,	5143
divisions, or boards, as may be determined by the director in	5144
consultation with the governor. The approval or disapproval of	5145
awards involving public money shall remain functions of the	5146
~~department~~agency. All contracts for grants, loans, and tax	5147
incentives involving public money shall be between the ~~department~~	5148
agency and the recipient and shall be enforced by the ~~department~~	5149
agency. JobsOhio may not execute contracts obligating the	5150
~~department~~agency for loans, grants, tax credits, or incentive	5151
awards recommended by JobsOhio to the ~~department~~agency. Prior to	5152
execution, all contracts between the director and JobsOhio entered	5153
into under this section that obligate the agency to pay JobsOhio	5154
for services rendered are subject to controlling board approval.	5155

The term of aan initial contract entered into under this	5157
section shall not extend beyond June 30, 2013. Thereafter, the	5158
director and JobsOhio may renew the contract for subsequent fiscal	5159
biennia, but at no time shall a particular contract be effective	5160
for longer than a fiscal biennium of the general assembly~~, but~~	5161
~~may be renewed or amended by the parties~~.	5162

JobsOhio's provision of services to the agency as described	5163
in this section shall be pursuant to a contract entered into under	5164
this section. If at any time the director determines that the	5165
contract with JobsOhio may not be renewed for the subsequent	5166
fiscal biennium, the director shall notify JobsOhio of the	5167
director's decision not later than one hundred twenty days prior	5168
to the end of the current fiscal biennium. If the director does	5169
not provide such written notice to JobsOhio prior to one hundred	5170
days before the end of the current fiscal biennium, the contract	5171
shall be renewed upon such terms as the parties may agree, subject	5172
to the requirements of this section.	5173

(B) A contract entered into under this section shall include	5174
all of the following:	5175

(1) Terms assigning to the corporation the duties of advising	5176
and assisting the director ~~of development~~ in the director's	5177
evaluation of the ~~department~~agency and the formulation of	5178
recommendations under section 187.05 of the Revised Code;	5179

(2) Terms designating records created or received by JobsOhio	5180
that shall be made available to the public under the same	5181
conditions as are public records under section 149.43 of the	5182
Revised Code. Documents designated to be made available to the	5183
public pursuant to the contract shall be kept on file with the	5184
~~department of development~~agency.	5185

Among records to be designated under this division shall be	5186
the following:	5187

(a) The corporation's federal income tax returns;

5188

(b) The report of expenditures described in division (B)(3)	5189
of section 187.03 of the Revised Code. The records shall be filed	5190
with the ~~department~~agency at such times and frequency as agreed	5191
to by the corporation and the ~~department~~agency, which shall not	5192
be less frequently than quarterly.	5193

(c) The annual total compensation paid to each officer and	5194
employee of the corporation;	5195

(d) A copy of the audit report for each financial audit of	5196
the corporation performed by an independent certified public	5197
accountant pursuant to division (J) of section 187.01 of the	5198
Revised Code.	5199

(e) Records of any fully executed incentive proposals, to be	5200
filed annually;	5201

(f) Records pertaining to the monitoring of commitments made	5202
by incentive recipients, to be filed annually;	5203

(g) A copy of the minutes of all public meetings described in	5204
division (C) of section 187.03 of the Revised Code not otherwise	5205
closed to the public.	5206

(3) The following statement acknowledging that JobsOhio is	5207
not acting as an agent of the state:	5208

"JobsOhio shall have no power or authority to bind the state	5209
or to assume or create an obligation or responsibility, expressed	5210
or implied, on behalf of the state or in its name, nor shall	5211
JobsOhio represent to any person that it has any such power or	5212
authority, except as expressly provided in this contract."	5213

(C) Records created or received by JobsOhio are not public	5214
records for the purposes of section 149.43 of the Revised Code,	5215
regardless of who may have custody of the records, unless the	5216
record is designated to be available to the public by the contract	5217
under division (B)(2) of this section.	5218

(D) Any contract executed under authority of this section	5219
shall not negate, impair, or otherwise adversely affect the	5220
obligation of this state to pay debt charges on securities	5221
executed by the director ~~of development~~ or issued by the treasurer	5222
of state, Ohio public facilities commission, or any other issuing	5223
authority under Chapter 122., 151., 165., or 166. of the Revised	5224
Code to fund economic development programs of the state, or to	5225
abide by any pledge or covenant relating to the payment of those	5226
debt charges made in any related proceedings. As used in this	5227
division, "debt charges," "proceedings," and "securities" have the	5228
same meanings as in section 133.01 of the Revised Code.	5229

(E) Nothing in this section, other than the requirement of	5230
controlling board approval, shall prohibit the ~~department~~agency	5231
from contracting with JobsOhio to perform any of the following	5232
functions:	5233

(1) Promoting and advocating for the state;

5234

(2) Making recommendations to the ~~department~~agency;

5235

(3) Performing research for the ~~department~~agency;

5236

(4) Establishing and managing programs or offices on behalf	5237
of the ~~department~~agency, by contract;	5238

(5) Negotiating on behalf of the state.

5239

(F) Nothing in this section, other than the requirement of	5240
controlling board approval, shall prohibit the ~~department~~agency	5241
from compensating JobsOhio from funds currently appropriated to	5242
the ~~department~~agency to perform the functions described in	5243
division (E) of this section.	5244

Sec. 187.05. The director of development services, as soon	5245
as practical after ~~the effective date of this section~~February 18,	5246
2011, shall, in consultation with the governor, evaluate all	5247
powers, functions, and duties of the ~~department~~development	5248
services agency. Within six months after ~~that effective date~~	5249
February 18, 2011, the director shall submit a report to the	5250
general assembly recommending statutory changes necessary to	5251
improve the functioning and efficiency of the ~~department~~agency	5252
and to transfer specified powers, functions, and duties of the	5253
~~department~~agency to other existing agencies of the state or to	5254
JobsOhio, or eliminate specified powers, functions, or duties. The	5255
recommendations shall be submitted in writing to the speaker and	5256
minority leader of the house of representatives and the president	5257
and minority leader of the senate.	5258

After submitting the report, the director, in consultation	5259
with the governor, shall continue to evaluate the ~~department~~	5260
agency and make additional recommendations on such matters to the	5261
general assembly.	5262

Sec. 187.061. (A) Each officer and employee of JobsOhio	5263
shall do all of the following:	5264

(1) Sign an ethical conduct statement prescribed by the board	5265
of directors of JobsOhio;	5266

(2) Complete an annual course or program of study on ethics.	5267
The course or program of study shall be reviewed and approved by	5268
the board of directors.	5269

(3) Comply with the gift policy prescribed by the board of	5270
directors.	5271

(B) Prior to the renewal of the contract between the director	5272
of development services and JobsOhio as described in section	5273
187.04 of the Revised Code, the board of directors shall submit to	5274
the controlling board a comprehensive review of the ethics	5275
policies and procedures that have been adopted by JobsOhio.	5276

Sec. 929.03. (A)(1) No public entity with authority to levy	5277
special assessments on real property shall collect an assessment	5278
for purposes of sewer, water, or electrical service on real	5279
property that is within an agricultural district as described in	5280
division (A)(2) of this section without the permission of the	5281
owner, except that any assessment may be collected on a lot	5282
surrounding a dwelling or other structure not used in agricultural	5283
production that does not exceed one acre or the minimum area	5284
required by local zoning or subdivision rules, whichever is the	5285
greater area.	5286

(2) For purposes of division (A)(1) of this section, an	5287
agricultural district is such a district that is established:	5288

(a) In the case of counties, prior to the adoption of a	5289
resolution of necessity by a board of county commissioners,	5290
pursuant to section 6103.05 or 6117.06 of the Revised Code;	5291

(b) In the case of municipal corporations, prior to whichever	5292
of the following occurs first:	5293

(i) The adoption of the resolution of necessity by the	5294
municipal legislative authority, pursuant to section 727.12 or	5295
729.02 of the Revised Code;	5296

(ii) The service of notice on all or some of the owners to be	5297
assessed pursuant to section 729.06 of the Revised Code;	5298

(iii) The adoption of the resolution or ordinance by the	5299
municipal legislative authority declaring the necessity for the	5300
improvement, the costs of which are to be assessed under	5301
procedures authorized by a municipal charter adopted pursuant to	5302
Section 7 of Article XVIII, Ohio Constitution, or, if no such	5303
ordinance or resolution is required under the charter, the service	5304
of the first notice on all or some of the owners of lands to be	5305
assessed, or the adoption of the first ordinance or resolution by	5306
the municipal legislative authority pertaining to the assessment	5307
proceedings under the charter.	5308

(c) In the case of a regional water and sewer district	5309
established pursuant to Chapter 6119. of the Revised Code, prior	5310
to the adoption of a resolution of necessity by the board of	5311
trustees of the district under section 6119.25 of the Revised	5312
Code.	5313

(B) For each special assessment levied by a public entity on	5314
real property within an agricultural district for purposes of	5315
sewer, water, or electrical service, the county auditor shall make	5316
and maintain a list showing:	5317

(1) The name of the owner of each lot, tract, or parcel of	5318
land that is exempt from the collection of the special assessment	5319
under this section;	5320

(2) A description of the exempt land;

5321

(3) The purpose of the special assessment;

5322

(4) The amount of the uncollected assessment on the exempt	5323
land.	5324

In the case of a county project constructed under Chapter	5325
6103. or 6117. of the Revised Code, the county auditor may use a	5326
list provided for in those chapters in lieu of the list required	5327
by division (B) of this section. The auditor shall also record in	5328
the water works record required by section 6103.16 of the Revised	5329
Code or the sewer improvement record required by section 6117.33	5330
of the Revised Code those assessments not collected under this	5331
section. The recording of the assessments does not permit the	5332
collection of the assessments until such time as exempt lands are	5333
withdrawn from agricultural districts or converted to	5334
nonagricultural use.	5335

(C) If at any time any of the owner's exempt land, other than	5336
a lot sold or transferred to a son, daughter, brother, sister,	5337
mother, or father for the purpose of constructing a dwelling in	5338
which the relative will reside for at least three years, is	5339
withdrawn from an agricultural district or if the owner of the	5340
exempt land uses on that land the service for which the special	5341
assessment was assessed, the public entity may collect the entire	5342
uncollected assessment, except as otherwise provided in this	5343
division, in addition to an amount equal to the rate of interest	5344
that any bonds or notes issued for the project for which the	5345
assessment was made did bear for the number of years the land was	5346
exempted, not to exceed twenty-five or the number of years for	5347
which the bonds or notes were issued, whichever is the lesser	5348
number. The owner shall notify the county auditor of any	5349
withdrawal from a district or use of the service within ninety	5350
days following the withdrawal or use of the service. The charge	5351
shall constitute a lien of the public entity upon the land and	5352
shall continue until discharged. All liens shall be recorded in	5353
the appropriate county recorder's office. Moneys collected as a	5354
result of the charge shall be deposited in the appropriate fund of	5355
the public entity that levied the special assessment.	5356

If the owner of exempt land sells or transfers a lot to ~~his~~	5357
the owner's son, daughter, brother, sister, mother, or father for	5358
the purpose of constructing a dwelling in which the relative will	5359
reside for at least three years, and if the owner or the buyer of	5360
the lot uses the service for which the special assessment was	5361
assessed only to provide service to that lot, the owner of the lot	5362
shall pay only that portion of the uncollected assessment and	5363
interest that applies to the lot.	5364

If at any time any part of an owner's exempt land is	5365
appropriated, the owner shall pay only that portion of the	5366
uncollected assessment and interest that applies to the	5367
appropriated parcel of land.	5368

In lieu of immediate payment of the uncollected assessment	5369
and interest, the board of county commissioners, legislative	5370
authority of a municipal corporation, or other governing board of	5371
any other public entity may, upon the request of the owner,	5372
establish an extended repayment schedule for the owner. If the	5373
board, legislative authority, or other governing board establishes	5374
such a schedule, it shall notify the county auditor of the	5375
schedule.	5376

~~(D) A board of county commissioners, legislative authority of~~	5377
~~a municipal corporation, or other governing board of any other~~	5378
~~public entity may apply to the water and sewer commission, created~~	5379
~~by division (C) of section 1525.11 of the Revised Code, for an~~	5380
~~advance of moneys from the water and sewer fund, created by~~	5381
~~division (A) of section 1525.11 of the Revised Code, in an amount~~	5382
~~equal to that portion of the costs of a water or sewer improvement~~	5383
~~authorized by law that is to be financed by assessments whose~~	5384
~~collection is prohibited under division (A) of this section. The~~	5385
~~application for such an advance of moneys shall be made in the~~	5386
~~manner prescribed by rules of the commission. Upon collection of~~	5387
~~any assessment whose collection was prohibited under division (A)~~	5388
~~of this section, the board of county commissioners, legislative~~	5389
~~authority, or other governing board shall repay the commission the~~	5390
~~amount of any moneys advanced by it in regard to the assessments.~~	5391

Sec. 1551.01. As used in this chapter:

5392

(A) "Governmental agency" means the United States government	5393
or any department, agency, or instrumentality thereof; any	5394
department, agency, or instrumentality of a state government; any	5395
municipal corporation, county, township, board of education, or	5396
other political subdivision or any other body corporate and	5397
politic of a state; or any agency, commission, or authority	5398
established under an interstate compact or agreement.	5399

(B) "Energy resource development facility" means any energy	5400
resource development, research, or conservation facility,	5401
including pilot as well as demonstration facilities, and including	5402
undivided or other interests therein, acquired or to be acquired,	5403
or constructed or to be constructed under this chapter or Chapter	5404
6121. or 6123. of the Revised Code, or acquired or to be acquired,	5405
or constructed or to be constructed by a governmental agency or	5406
person with all or a part of the cost thereof being paid from a	5407
loan or grant under such chapters, including all buildings and	5408
facilities that the director of development services determines	5409
necessary for the operation of the facility, together with all	5410
property, rights, easements, and interests that may be required	5411
for the operation of the facility, which facilities may include:	5412

(1) Any building, testing facility, testing device, or	5413
support facilities which would provide experimental,	5414
demonstration, or testing capabilities or services not otherwise	5415
available in this state and which are necessary for the	5416
accomplishment of the purposes of this chapter;	5417

(2) Any method, process, structure, or equipment that is used	5418
to store coal, oil, natural gas, fuel for nuclear reactors, or any	5419
other form of energy;	5420

(3) Any method, process, structure, or equipment that is used	5421
to recover or convert coal, oil, natural gas, steam, or other form	5422
of energy from property located within the state for the purpose	5423
of supplying energy for utilization;	5424

(4) Any method, process, structure, or equipment that is	5425
designed to result in more efficient recovery, conversion, or	5426
utilization of energy resources within the state, including any	5427
scrap tire recovery facility for which a registration certificate	5428
or permit has been issued under section 3734.78 of the Revised	5429
Code;	5430

(5) Any improvement that is designed to improve the thermal	5431
efficiency of a building or structure or reduce the fuel or power	5432
needed to heat, cool, light, ventilate, or provide hot water in a	5433
building or structure;	5434

(6) Any improvement designed to enable the substitution of	5435
coal or alternate fuel, other than natural gas, for natural gas or	5436
a petroleum fuel, or the conversion of coal to other fuels;	5437

(7) Any improvement designed to enable the combustion of high	5438
sulfur coal in compliance with air or water pollution control or	5439
solid waste disposal laws, including, but not limited to, any	5440
facility for processing coal to remove sulfur before combustion of	5441
the coal, for fluidized bed combustion, or for removal of the	5442
sulfur before the products of combustion are emitted or	5443
discharged.	5444

(C) "Cost" as applied to an energy resource development	5445
facility means the cost of acquisition and construction, the cost	5446
of acquisition of all land, rights-of-way, property rights,	5447
easements, franchise rights, and interests required for such	5448
acquisition and construction, the cost of demolishing or removing	5449
any buildings or structures on land so acquired, including the	5450
cost of acquiring any lands to which such buildings or structures	5451
may be moved, the cost of acquiring or constructing and equipping	5452
a principal office and sub-offices of the department of	5453
development, the cost of diverting highways, interchange of	5454
highways, access roads to private property, including the cost of	5455
land or easements for such access roads, the cost of public	5456
utility and common carrier relocation or duplication, the cost of	5457
all machinery, furnishings, and equipment, financing charges,	5458
interest prior to and during construction and for no more than	5459
eighteen months after completion of construction, engineering,	5460
expenses of research and development with respect to the facility,	5461
legal expenses, plans, specifications, surveys, studies, estimates	5462
of cost and revenues, working capital, other expenses necessary or	5463
incident to determining the feasibility or practicability of	5464
acquiring or constructing such facility, administrative expense,	5465
and such other expense as may be necessary or incident to the	5466
acquisition or construction of the facility, the financing of such	5467
acquisition or construction, including the amount authorized in	5468
the resolution of the Ohio water development authority providing	5469
for the issuance of energy resource development revenue bonds to	5470
be paid into any special funds from the proceeds of such bonds,	5471
and the financing of the placing of such facility in operation.	5472
Any obligation, cost, or expense incurred after August 26, 1975,	5473
by any governmental agency or person for surveys, borings,	5474
preparation of plans and specifications, and other engineering	5475
services, or any other cost described above, in connection with	5476
the acquisition or construction of a facility may be regarded as a	5477
part of the cost of such facility and may be reimbursed out of the	5478
proceeds of energy resource development revenue bonds.	5479

(D) "Revenues" means all rentals and other charges received	5480
by the Ohio water development authority for the use or services of	5481
any energy resource development facility, any contract, gift, or	5482
grant received with respect to any energy resource development	5483
facility, and moneys received with respect to the lease, sublease,	5484
sale, including installment sale or conditional sale, or other	5485
disposition of an energy resource development facility, moneys	5486
received in repayment of and for interest on any loans made by the	5487
authority to a person or governmental agency, whether from the	5488
United States or any department, administration, or agency	5489
thereof, or otherwise, proceeds of energy resource development	5490
revenue bonds to the extent that the use thereof for payment of	5491
principal of, premium, if any, or interest on the bonds is	5492
authorized by the authority, proceeds from any insurance,	5493
condemnation, or guaranty pertaining to a facility or property	5494
mortgaged to secure bonds or pertaining to the financing of a	5495
facility, and income and profit from the investment of the	5496
proceeds of energy resource development revenue bonds or of any	5497
revenues.	5498

(E) "Construction," unless the context indicates a different	5499
meaning or intent, includes construction, reconstruction,	5500
enlargement, improvement, or providing furnishings or equipment.	5501

(F) "Energy resource development revenue bonds," unless the	5502
context indicates a different meaning or intent, includes energy	5503
resource development revenue bonds, energy resource development	5504
revenue notes, and energy resource development revenue refunding	5505
bonds.	5506

(G) "Energy" means work or heat that is, or can be, produced	5507
from any fuel or source whatsoever.	5508

(H) "Energy audit" means any process by which energy usage or	5509
costs of heating, cooling, lighting, and climate control in a	5510
building or structure are determined.	5511

(I) "Energy conservation" means preservation of energy	5512
resources by efficient utilization, and reduction of waste.	5513

(J) "Energy conservation measure" means any modification of a	5514
building, structure, machine, appliance, vehicle, improvement, or	5515
process in order to improve its efficiency of energy use or energy	5516
costs.	5517

(K) "Fuel" means petroleum, crude oil, petroleum product,	5518
coal, natural gas, synthetic natural or artificial gas, nuclear,	5519
or other substance used primarily for its energy content.	5520

(L) "Net energy analysis" means the determination of the	5521
amount of energy remaining after all energy outputs have been	5522
subtracted from the energy inputs of a given system.	5523

(M) "Department of development" means the development	5524
services agency and "director of development" means the director	5525
of development services.	5526

Sec. 3735.01. As used in this chapter, "department of	5527
development" means the development services agency and "director	5528
of development" means the director of development services.	5529

Sec. 3735.672. (A) On or before the thirty-first day of	5530
March each year, a legislative authority that has entered into an	5531
agreement with a party under section 3735.671 of the Revised Code	5532
shall submit to the director of development services and the board	5533
of education of each school district of which a municipal	5534
corporation or township to which such an agreement applies is a	5535
part a report on all such agreements in effect during the	5536
preceding calendar year. The report shall include the following	5537
information:	5538

(1) The designation, assigned by the director of development	5539
services, of each community reinvestment area within the municipal	5540
corporation or county, and the total population of each area	5541
according to the most recent data available;	5542

(2) The number of agreements and the number of full-time	5543
employees subject to those agreements within each area, each	5544
according to the most recent data available and identified and	5545
categorized by the appropriate standard industrial code, and the	5546
rate of unemployment in the municipal corporation or county in	5547
which the area is located for each year since the area was	5548
certified;	5549

(3) The number of agreements approved and executed during the	5550
calendar year for which the report is submitted, the total number	5551
of agreements in effect on the thirty-first day of December of the	5552
preceding calendar year, the number of agreements that expired	5553
during the calendar year for which the report is submitted, and	5554
the number of agreements scheduled to expire during the calendar	5555
year in which the report is submitted. For each agreement that	5556
expired during the calendar year for which the report is	5557
submitted, the legislative authority shall include the amount of	5558
taxes exempted under the agreement.	5559

(4) The number of agreements receiving compliance reviews by	5560
the tax incentive review council in the municipal corporation or	5561
county during the calendar year for which the report is submitted,	5562
including all of the following information:	5563

(a) The number of agreements the terms of which the party has	5564
complied with, indicating separately for each such agreement the	5565
value of the real property exempted pursuant to the agreement and	5566
a comparison of the stipulated and actual schedules for hiring new	5567
employees, for retaining existing employees, and for the amount of	5568
payroll of the party attributable to these employees;	5569

(b) The number of agreements the terms of which a party has	5570
failed to comply with, indicating separately for each such	5571
agreement the value of the real and personal property exempted	5572
pursuant to the agreement and a comparison of the stipulated and	5573
actual schedules for hiring new employees, for retaining existing	5574
employees, and for the amount of payroll of the enterprise	5575
attributable to these employees;	5576

(c) The number of agreements about which the tax incentive	5577
review council made recommendations to the legislative authority,	5578
and the number of such recommendations that have not been	5579
followed;	5580

(d) The number of agreements rescinded during the calendar	5581
year for which the report is submitted.	5582

(5) The number of parties subject to agreements that expanded	5583
within each area, including the number of new employees hired and	5584
existing employees retained by that party, and the number of new	5585
parties subject to agreements that established within each area,	5586
including the number of new employees hired by each party;	5587

(6) For each agreement in effect during any part of the	5588
preceding year, the number of employees employed by the party at	5589
the property that is the subject of the agreement immediately	5590
prior to formal approval of the agreement, the number of employees	5591
employed by the party at that property on the thirty-first day of	5592
December of the preceding year, the payroll of the party for the	5593
preceding year, the amount of taxes paid on real property that was	5594
exempted under the agreement, and the amount of such taxes that	5595
were not paid because of the exemption.	5596

(B) Upon the failure of a municipal corporation or county to	5597
comply with division (A) of this section:	5598

(1) Beginning on the first day of April of the calendar year	5599
in which the municipal corporation or county fails to comply with	5600
that division, the municipal corporation or county shall not enter	5601
into any agreements under section 3735.671 of the Revised Code	5602
until the municipal corporation or county has complied with	5603
division (A) of this section.	5604

(2) On the first day of each ensuing calendar month until the	5605
municipal corporation or county complies with that division, the	5606
director of development services shall either order the proper	5607
county auditor to deduct from the next succeeding payment of taxes	5608
to the municipal corporation or county under section 321.31,	5609
321.32, 321.33, or 321.34 of the Revised Code an amount equal to	5610
five hundred dollars for each calendar month the municipal	5611
corporation or county fails to comply with that division, or order	5612
the county auditor to deduct such an amount from the next	5613
succeeding payment to the municipal corporation or county from the	5614
undivided local government fund under section 5747.51 of the	5615
Revised Code. At the time such a payment is made, the county	5616
auditor shall comply with the director's order by issuing a	5617
warrant, drawn on the fund from which such money would have been	5618
paid, to the director of development services, who shall deposit	5619
the warrant into the state community reinvestment area program	5620
administration fund created in division (C) of this section.	5621

(C) The director, by rule, shall establish the state's	5622
application fee for applications submitted to a municipal	5623
corporation or county to enter into an agreement under section	5624
3735.671 of the Revised Code. In establishing the amount of the	5625
fee, the director shall consider the state's cost of administering	5626
the community reinvestment area program, including the cost of	5627
reviewing the reports required under division (A) of this section.	5628
The director may change the amount of the fee at such times and in	5629
such increments as the director considers necessary. Any municipal	5630
corporation or county that receives an application shall collect	5631
the application fee and remit the fee for deposit in the state	5632
treasury to the credit of the ~~tax incentive programs operating~~	5633
business assistance fund created in section 122.174 of the Revised	5634
Code.	5635

Sec. 3746.35. (A) Not later than September 1, 1996, and not	5636
later than the first day of September of each subsequent year, the	5637
director of environmental protection shall prepare and submit to	5638
the chairpersons of the respective standing committees of the	5639
senate and house of representatives primarily responsible for	5640
considering environmental and taxation matters a report regarding	5641
the voluntary action program established under this chapter and	5642
rules adopted under it and the tax abatements granted pursuant to	5643
sections 5709.87 and 5709.88 of the Revised Code for properties	5644
where voluntary actions were conducted. Each annual report shall	5645
include, without limitation, all of the following:	5646

(1) Both of the following for each property for which a	5647
covenant not to sue was issued under section 3746.12 of the	5648
Revised Code during the preceding calendar year:	5649

(a) The address of the property and name of the person who	5650
undertook the voluntary action at the property;	5651

(b) Whether the applicable standards governing the voluntary	5652
action were the interim standards established in section 3746.07	5653
of the Revised Code or the generic numerical clean-up standards	5654
established in rules adopted under division (B)(1) of section	5655
3746.04 of the Revised Code, were established through the	5656
performance of a risk assessment pursuant to rules adopted under	5657
division (B)(2) of section 3746.04 of the Revised Code, or were	5658
set forth in a variance issued under section 3746.09 of the	5659
Revised Code.	5660

(2) All of the following for each property for which a	5661
variance was issued under section 3746.09 of the Revised Code	5662
during the preceding calendar year:	5663

(a) The address of the property and the name of the person to	5664
whom the variance was issued;	5665

(b) A summary of the alternative standards and terms and	5666
conditions of the variance and brief description of the	5667
improvement in environmental conditions at the property that is	5668
anticipated to result from compliance with the alternative	5669
standards and terms and conditions set forth in the variance;	5670

(c) A brief description of the economic benefits to the	5671
person to whom the variance was issued and the community in which	5672
the property is located that are anticipated to result from the	5673
undertaking of the voluntary action in compliance with the	5674
alternative standards and terms and conditions set forth in the	5675
variance.	5676

(3) The number of audits performed under section 3746.17 of	5677
the Revised Code during the preceding calendar year and, in	5678
connection with each of them, at least the following information:	5679

(a) The address of the property in connection with which the	5680
audit was performed and the name of the person who undertook the	5681
voluntary action at the property;	5682

(b) An indication as to whether the audit was a random audit	5683
or was conducted in accordance with the priorities established in	5684
rules adopted under divisions (A)(9)(a) to (f) of section 3746.04	5685
of the Revised Code and, if the audit was conducted in accordance	5686
with those priorities, an indication as to which of them resulted	5687
in the selection of the voluntary action for an audit;	5688

(c) A brief summary of the findings of the audit and any	5689
action taken by the environmental protection agency as a result of	5690
those findings.	5691

(4) The number of covenants not to sue revoked during the	5692
preceding calendar year through the operation of divisions	5693
(A)(2)(c) and (B) of section 3746.12, division (B)(2) of section	5694
3746.18, and division (B) of section 3746.19 of the Revised Code	5695
and for each property for which a covenant was revoked, at least	5696
both of the following:	5697

(a) The address of the property affected by the revocation	5698
and name of the person who undertook the voluntary action at the	5699
property;	5700

(b) The reason for the revocation.

5701

(5) The amount of money credited to the voluntary action	5702
administration fund created in section 3746.16 of the Revised Code	5703
during the preceding fiscal year from the fees established in	5704
divisions (D) and (H) of section 3746.07 and division (C) of	5705
section 3746.13 of the Revised Code and from civil penalties	5706
imposed under section 3746.22 of the Revised Code. The report	5707
shall indicate the amount of money that arose from each of the	5708
fees and from the civil penalties. The report also shall include	5709
the amount of money expended from the fund during the preceding	5710
fiscal year by program category, including, without limitation,	5711
the amount expended for conducting audits under section 3746.17 of	5712
the Revised Code during the preceding fiscal year.	5713

(6) For each property that is receiving a tax abatement under	5714
section 5709.87 of the Revised Code for the preceding tax year,	5715
the amount of the valuation exempted from real property taxation	5716
for that tax year under that section. In order to comply with	5717
division (A)(6) of this section, the director shall include in the	5718
annual report the report required ~~to be provided to the director~~	5719
~~by the director of development~~ under division (B)(2) of this	5720
section. ~~The sole responsibility of the director of environmental~~	5721
~~protection regarding the report provided to the director under~~	5722
~~that division is to include it in the annual report prepared under~~	5723
~~division (A) of this section.~~	5724

(7) For each property that is receiving a tax abatement	5725
pursuant to an agreement with a municipal corporation or county	5726
entered into under section 5709.88 of the Revised Code, the amount	5727
of the valuation exempted from real or personal property taxation.	5728
In order to comply with division (A)(7) of this section, the	5729
director shall include in the annual report the report required to	5730
~~be provided to the director by the director of development~~ under	5731
division (C) of this section. ~~The sole responsibility of the~~	5732
~~director of environmental protection regarding the report provided~~	5733
~~to the director under that division is to include it in the annual~~	5734
~~report prepared under division (A) of this section.~~	5735

(B)(1) Not later than March 31, 1996, the county auditor of	5736
each county in which is located any property that is receiving a	5737
tax abatement under section 5709.87 of the Revised Code shall	5738
report to the director of ~~development~~environmental protection for	5739
each such property both of the following as applicable to tax year	5740
1995:	5741

(a) The address of the property and the name of the owner as	5742
stated in the records of the county auditor of the county in which	5743
the property is located;	5744

(b) The amount of the valuation of the property that was	5745
exempted from real property taxation under that section.	5746

Not later than the thirty-first day of March of each	5747
subsequent year, each such county auditor shall report the	5748
information described in those divisions to the director of	5749
~~development~~environmental protection for each property within the	5750
county that is receiving a tax abatement under that section for	5751
the preceding tax year.	5752

(2) Not later than July 1, 1996, and not later than the first	5753
day of July of each subsequent year, the director of ~~development~~	5754
environmental protection shall compile the information provided to	5755
the director under division (B)(1) of this section applicable to	5756
the preceding tax year into a report covering all of the counties	5757
in the state in which are located properties receiving a tax	5758
abatement under section 5709.87 of the Revised Code for the	5759
preceding tax year ~~and shall forward the report to the director of~~	5760
~~environmental protection. The sole responsibility of the director~~	5761
~~of development in preparing the report is to compile the~~	5762
~~information submitted to the director by the county auditors under~~	5763
~~division (B)(1) of this section~~.	5764

(C) Not later than July 1, 1996, and not later than the first	5765
day of July of each subsequent year, the director of ~~development~~	5766
environmental protection shall compile the information provided to	5767
the director by municipal corporations and counties under division	5768
(A) of section 5709.882 of the Revised Code applicable to the	5769
preceding calendar year into a report covering, by county, all of	5770
the municipal corporations and counties in this state in which are	5771
located properties receiving a tax abatement pursuant to an	5772
agreement entered into under section 5709.88 of the Revised Code	5773
~~and shall forward the report to the director of environmental~~	5774
~~protection. The sole responsibility of the director of development~~	5775
~~in preparing the report is to compile the information submitted to~~	5776
~~him by municipal corporations and counties under division (A) of~~	5777
~~section 5709.882 of the Revised Code~~.	5778

Sec. 5117.22. All petroleum violation escrow funds received	5779
by this state from the federal government shall be deposited in	5780
the state treasury to the credit of the energy oil overcharge	5781
fund, which is hereby created. The fund shall be used by the	5782
~~department of~~ development services agency for energy conservation	5783
and assistance programs approved by the United States department	5784
of energy. All investment earnings of the fund shall be credited	5785
to the fund.	5786

Sec. 5701.15. As used in Title LVII of the Revised Code,	5787
"department of development" means the development services agency	5788
and "director of development" means the director of development	5789
services.	5790

Sec. 5709.68. (A) On or before the thirty-first day of March	5791
each year, a municipal corporation or county that has entered into	5792
an agreement with an enterprise under section 5709.62, 5709.63, or	5793
5709.632 of the Revised Code shall submit to the director of	5794
development services and the board of education of each school	5795
district of which a municipal corporation or township to which	5796
such an agreement applies is a part a report on all of those	5797
agreements in effect during the preceding calendar year. The	5798
report shall include all of the following information:	5799

(1) The designation, assigned by the director of development	5800
services, of each urban jobs and enterprise zone within the	5801
municipal corporation or county, the date each zone was certified,	5802
the name of each municipal corporation or township within each	5803
zone, and the total population of each zone according to the most	5804
recent data available;	5805

(2) The number of enterprises that are subject to those	5806
agreements and the number of full-time employees subject to those	5807
agreements within each zone, each according to the most recent	5808
data available and identified and categorized by the appropriate	5809
standard industrial code, and the rate of unemployment in the	5810
municipal corporation or county in which the zone is located for	5811
each year since each zone was certified;	5812

(3) The number of agreements approved and executed during the	5813
calendar year for which the report is submitted, the total number	5814
of agreements in effect on the thirty-first day of December of the	5815
preceding calendar year, the number of agreements that expired	5816
during the calendar year for which the report is submitted, and	5817
the number of agreements scheduled to expire during the calendar	5818
year in which the report is submitted. For each agreement that	5819
expired during the calendar year for which the report is	5820
submitted, the municipal corporation or county shall include the	5821
amount of taxes exempted and the estimated dollar value of any	5822
other incentives provided under the agreement.	5823

(4) The number of agreements receiving compliance reviews by	5824
the tax incentive review council in the municipal corporation or	5825
county during the calendar year for which the report is submitted,	5826
including all of the following information:	5827

(a) The number of agreements the terms of which an enterprise	5828
has complied with, indicating separately for each agreement the	5829
value of the real and personal property exempted pursuant to the	5830
agreement and a comparison of the stipulated and actual schedules	5831
for hiring new employees, for retaining existing employees, for	5832
the amount of payroll of the enterprise attributable to these	5833
employees, and for investing in establishing, expanding,	5834
renovating, or occupying a facility;	5835

(b) The number of agreements the terms of which an enterprise	5836
has failed to comply with, indicating separately for each	5837
agreement the value of the real and personal property exempted	5838
pursuant to the agreement and a comparison of the stipulated and	5839
actual schedules for hiring new employees, for retaining existing	5840
employees, for the amount of payroll of the enterprise	5841
attributable to these employees, and for investing in	5842
establishing, expanding, renovating, or occupying a facility;	5843

(c) The number of agreements about which the tax incentive	5844
review council made recommendations to the legislative authority	5845
of the municipal corporation or county, and the number of those	5846
recommendations that have not been followed;	5847

(d) The number of agreements rescinded during the calendar	5848
year for which the report is submitted.	5849

(5) The number of enterprises that are subject to agreements	5850
that expanded within each zone, including the number of new	5851
employees hired and existing employees retained by each	5852
enterprise, and the number of new enterprises that are subject to	5853
agreements and that established within each zone, including the	5854
number of new employees hired by each enterprise;	5855

(6)(a) The number of enterprises that are subject to	5856
agreements and that closed or reduced employment at any place of	5857
business within the state for the primary purpose of establishing,	5858
expanding, renovating, or occupying a facility, indicating	5859
separately for each enterprise the political subdivision in which	5860
the enterprise closed or reduced employment at a place of business	5861
and the number of full-time employees transferred and retained by	5862
each such place of business;	5863

(b) The number of enterprises that are subject to agreements	5864
and that closed or reduced employment at any place of business	5865
outside the state for the primary purpose of establishing,	5866
expanding, renovating, or occupying a facility.	5867

(7) For each agreement in effect during any part of the	5868
preceding year, the number of employees employed by the enterprise	5869
at the project site immediately prior to formal approval of the	5870
agreement, the number of employees employed by the enterprise at	5871
the project site on the thirty-first day of December of the	5872
preceding year, the payroll of the enterprise for the preceding	5873
year, the amount of taxes paid on tangible personal property	5874
situated at the project site and the amount of those taxes that	5875
were not paid because of the exemption granted under the	5876
agreement, and the amount of taxes paid on real property	5877
constituting the project site and the amount of those taxes that	5878
were not paid because of the exemption granted under the	5879
agreement. If an agreement was entered into under section 5709.632	5880
of the Revised Code with an enterprise described in division	5881
(B)(2) of that section, the report shall include the number of	5882
employee positions at all of the enterprise's locations in this	5883
state. If an agreement is conditioned on a waiver issued under	5884
division (B) of section 5709.633 of the Revised Code on the basis	5885
of the circumstance described in division (B)(3)(a) or (b) of that	5886
section, the report shall include the number of employees at the	5887
facilities referred to in division (B)(3)(a)(i) or (b)(i) of that	5888
section, respectively.	5889

(B) Upon the failure of a municipal corporation or county to	5890
comply with division (A) of this section:	5891

(1) Beginning on the first day of April of the calendar year	5892
in which the municipal corporation or county fails to comply with	5893
that division, the municipal corporation or county shall not enter	5894
into any agreements with an enterprise under section 5709.62,	5895
5709.63, or 5709.632 of the Revised Code until the municipal	5896
corporation or county has complied with division (A) of this	5897
section.	5898

(2) On the first day of each ensuing calendar month until the	5899
municipal corporation or county complies with division (A) of this	5900
section, the director of development services shall either order	5901
the proper county auditor to deduct from the next succeeding	5902
payment of taxes to the municipal corporation or county under	5903
section 321.31, 321.32, 321.33, or 321.34 of the Revised Code an	5904
amount equal to one thousand dollars for each calendar month the	5905
municipal corporation or county fails to comply with that	5906
division, or order the county auditor to deduct that amount from	5907
the next succeeding payment to the municipal corporation or county	5908
from the undivided local government fund under section 5747.51 of	5909
the Revised Code. At the time such a payment is made, the county	5910
auditor shall comply with the director's order by issuing a	5911
warrant, drawn on the fund from which the money would have been	5912
paid, to the director of development services, who shall deposit	5913
the warrant into the state enterprise zone program administration	5914
fund created in division (C) of this section.	5915

(C) The director, by rule, shall establish the state's	5916
application fee for applications submitted to a municipal	5917
corporation or county to enter into an agreement under section	5918
5709.62, 5709.63, or 5709.632 of the Revised Code. In establishing	5919
the amount of the fee, the director shall consider the state's	5920
cost of administering the enterprise zone program, including the	5921
cost of reviewing the reports required under division (A) of this	5922
section. The director may change the amount of the fee at the	5923
times and in the increments the director considers necessary. Any	5924
municipal corporation or county that receives an application shall	5925
collect the application fee and remit the fee for deposit in the	5926
state treasury to the credit of the ~~tax incentive programs~~	5927
~~operating~~business assistance fund created in section 122.174 of	5928
the Revised Code.	5929

(D) On or before the thirtieth day of June each year, the	5930
director of development services shall certify to the tax	5931
commissioner the information described under division (A)(7) of	5932
this section, derived from the reports submitted to the director	5933
under this section.	5934

On the basis of the information certified under this	5935
division, the tax commissioner annually shall submit a report to	5936
the governor, the speaker of the house of representatives, the	5937
president of the senate, and the chairpersons of the ways and	5938
means committees of the respective houses of the general assembly,	5939
indicating for each enterprise zone the amount of state and local	5940
taxes that were not required to be paid because of exemptions	5941
granted under agreements entered into under section 5709.62,	5942
5709.63, or 5709.632 of the Revised Code and the amount of	5943
additional taxes paid from the payroll of new employees.	5944

Sec. 5709.882. (A) On or before the thirty-first day of	5945
March each year, a municipal corporation or county that has	5946
entered into an agreement with an enterprise under section 5709.88	5947
of the Revised Code shall submit to the ~~director~~directors of	5948
development services and environmental protection and the board of	5949
education of each school district of which a municipal corporation	5950
or county to which such an agreement applies is a part a report on	5951
all such agreements in effect during the preceding calendar year.	5952
The report shall include all of the following information:	5953

(1) The number of enterprises that are subject to such	5954
agreements and the number of full-time employees subject to those	5955
agreements in the county or municipal corporation;	5956

(2) The number of agreements approved and executed during the	5957
calendar year for which the report is submitted, the total number	5958
of agreements in effect on the thirty-first day of December of the	5959
preceding calendar year, the number of agreements that expired	5960
during the calendar year for which the report is submitted, and	5961
the number of agreements scheduled to expire during the calendar	5962
year in which the report is submitted. For each agreement that	5963
expired during the calendar year for which the report is	5964
submitted, the municipal corporation or county shall include the	5965
amount of taxes exempted and the estimated dollar value of any	5966
other incentives provided under the agreement.	5967

(3) The number of agreements receiving compliance reviews by	5968
the tax incentive review council in the municipal corporation or	5969
county under section 5709.883 of the Revised Code during the	5970
calendar year for which the report is submitted, including all of	5971
the following information:	5972

(a) The number of agreements the terms of which an enterprise	5973
has complied with, indicating separately for each such agreement	5974
the value of the real and personal property exempted pursuant to	5975
the agreement and a comparison of the stipulated and actual	5976
schedules for hiring new employees, for retaining existing	5977
employees, for the amount of payroll of the enterprise	5978
attributable to these employees, and for remediating and investing	5979
in establishing, expanding, renovating, or occupying a facility;	5980

(b) The number of agreements the terms of which an enterprise	5981
has failed to comply with, indicating separately for each such	5982
agreement the value of the real and personal property exempted	5983
pursuant to the agreement and a comparison of the stipulated and	5984
actual schedules for hiring new employees, for retaining existing	5985
employees, for the amount of payroll of the enterprise	5986
attributable to these employees, and for remediating and investing	5987
in establishing, expanding, renovating, or occupying a facility;	5988

(c) The number of agreements about which the tax incentive	5989
review council made recommendations to the legislative authority	5990
of the municipal corporation or county, and the number of such	5991
recommendations that have not been followed;	5992

(d) The number of agreements rescinded during the calendar	5993
year for which the report is submitted.	5994

(4) The number of enterprises that are subject to agreements	5995
and the number of new employees hired and existing employees	5996
retained by each such enterprise;	5997

(5)(a) The number of enterprises that are subject to	5998
agreements and that closed or reduced employment at any place of	5999
business within the state for the primary purpose of remediating	6000
and establishing, expanding, renovating, or occupying a facility,	6001
indicating separately for each such enterprise the political	6002
subdivision in which the enterprise closed or reduced employment	6003
at a place of business and the number of full-time employees	6004
transferred and retained by each such place of business;	6005

(b) The number of enterprises that are subject to agreements	6006
and that closed or reduced employment at any place of business	6007
outside the state for the primary purpose of remediating and	6008
establishing, expanding, renovating, or occupying a facility.	6009

(B) Upon the failure of a municipal corporation or county to	6010
comply with division (A) of this section, both of the following	6011
apply:	6012

(1) Beginning on the first day of April of the calendar year	6013
in which the municipal corporation or county fails to comply with	6014
that division, the municipal corporation or county shall not enter	6015
into any agreements with an enterprise under section 5709.88 of	6016
the Revised Code until the municipal corporation or county has	6017
complied with division (A) of this section;	6018

(2) On the first day of each ensuing calendar month until the	6019
municipal corporation or county complies with that division, the	6020
director of development services shall either order the proper	6021
county auditor to deduct from the next succeeding payment of taxes	6022
to the municipal corporation or county under section 321.31,	6023
321.32, 321.33, or 321.34 of the Revised Code an amount equal to	6024
five hundred dollars for each calendar month the municipal	6025
corporation or county fails to comply with that division, or order	6026
the county auditor to deduct such an amount from the next	6027
succeeding payment to the municipal corporation or county from the	6028
undivided local government fund under section 5747.51 of the	6029
Revised Code. At the time such a payment is made, the county	6030
auditor shall comply with the director's order by issuing a	6031
warrant, drawn on the fund from which such money would have been	6032
paid, to the director of development services, who shall deposit	6033
the warrant into the contaminated sites development program	6034
administration fund created in division (C) of this section.	6035

(C) The director, by rule, shall establish the state's	6036
application fee for applications submitted to a municipal	6037
corporation or county to enter into an agreement under section	6038
5709.88 of the Revised Code. In establishing the amount of the	6039
fee, the director shall consider the state's cost of administering	6040
this section and section 5709.88 of the Revised Code. The director	6041
may change the amount of the fee at such times and in such	6042
increments as hethe director considers necessary. Any municipal	6043
corporation or county that receives an application shall collect	6044
the application fee and remit the fee for deposit in the state	6045
treasury to the credit of the contaminated sites development	6046
program administration fund, which is hereby created. Money	6047
credited to the fund shall be used by the ~~department of~~	6048
development services agency to pay the costs of administering this	6049
section and section 5709.88 of the Revised Code.	6050

Sec. 6103.052. (A) ~~A board of county commissioners may apply~~	6051
~~to the water and sewer commission, created by division (C) of~~	6052
~~section 1525.11 of the Revised Code, for an advance of moneys from~~	6053
~~the water and sewer fund, created by division (A) of section~~	6054
~~1525.11 of the Revised Code, in an amount equal to that portion of~~	6055
~~the costs of an improvement authorized under sections 6103.02 to~~	6056
~~6103.30 of the Revised Code which is to be financed by assessments~~	6057
~~whose collection is deferred pursuant to division (B) of this~~	6058
~~section. The application for such an advance of moneys shall be~~	6059
~~made in the manner prescribed by rules of the commission.~~	6060

~~(B)~~ At any time prior to the expiration of the five-day	6061
period provided by section 6103.05 of the Revised Code for the	6062
filing of written objections, any owner of property which is	6063
classified on the general tax list of the county auditor as	6064
agricultural land and has been assessed for the extension of a	6065
main water line over or along such property under sections 6103.02	6066
to 6103.30 of the Revised Code may file with the board of county	6067
commissioners a request in writing for deferment of the collection	6068
of ~~his~~the owner's assessment if the main water line ~~serves a~~	6069
~~purpose set forth in section 1525.13 of the Revised Code for which~~	6070
~~the water and sewer fund may be used~~provides water facilities to	6071
aid in the establishment of new industrial plants, the expansion	6072
of existing industrial plants, or such other industrial	6073
development, or provides water facilities to aid in the	6074
establishment of commercial and residential developments. Such	6075
request shall identify the property in connection with which the	6076
request for deferment is made, shall describe its present use and	6077
present classification on the general tax list of the county	6078
auditor, shall state its estimated market value, showing	6079
separately the value of the land and the value of the buildings	6080
thereon, shall state the reasons, if any, why a portion of the	6081
benefit of the improvement will not be realized until the use of	6082
the land is changed, and shall state the amount to be deferred.	6083
The board shall promptly consider such request and may order the	6084
deferment of the collection of that portion of the assessment	6085
representing a benefit from the improvement that will not be	6086
realized until the use of the land is changed. The board may, upon	6087
request of an owner whose property has been assessed for the	6088
extension of a main water line over or along such property under	6089
sections 6103.02 to 6103.31 of the Revised Code, defer all or any	6090
part of the assessment on property which is classified on the	6091
general tax list of the county auditor as agricultural land, by	6092
attributing the amount of such assessment or part thereof as	6093
tap-in charges, if the main water line ~~serves a purpose set forth~~	6094
~~in section 1525.13 of the Revised Code for which the water and~~	6095
~~sewer fund may be used. A deferment under this section may be~~	6096
~~conditioned upon the approval of the advance of moneys applied for~~	6097
~~pursuant to division (A) of this section, and a maximum length of~~	6098
~~the deferment may be fixed to coincide with the maximum time~~	6099
~~within which the advance must be repaid. The decision on the~~	6100
~~request for deferment of collection of assessments shall be made~~	6101
~~pursuant to standards established by rules of the commission~~	6102
provides water facilities to aid in the establishment of new	6103
industrial plants, the expansion of existing industrial plants, or	6104
such other industrial development, or provides water facilities to	6105
aid in the establishment of commercial and residential	6106
developments. Upon determination and approval of final	6107
assessments, the board of county commissioners shall certify all	6108
deferred assessments and a fee equal to ~~any fee paid by the board~~	6109
~~to the commission pursuant to division (C) of section 1525.12 of~~	6110
~~the Revised Code attributable to the~~two per cent of the amount of	6111
the deferred assessments to the county auditor. For purposes of	6112
this section, "assessment," "deferred assessment," or "assessment	6113
deferred under this section" mean the fee and the deferred	6114
assessment certified to the county auditor. The county auditor	6115
shall record an assessment deferred under this section in the	6116
water works record. Such record shall be kept until such time as	6117
the assessments are paid in full or certified for collection in	6118
installments as provided in this section. During the time when the	6119
assessment is deferred there shall be a lien on the property	6120
assessed, which lien shall arise at the time of recordation by the	6121
county auditor and shall be in force until the assessments are	6122
paid in full or certified for collection in installments.	6123

~~(C)~~(B) The board of county commissioners shall defer the	6124
collection of an assessment, except the amount of such assessment	6125
or part thereof attributable as tap-in charges, which has been	6126
deferred pursuant to division ~~(B)~~(A) of this section on or before	6127
January 1, 1987, beyond the expiration of the maximum time for the	6128
original deferment if the property owner requests in writing, no	6129
later than six months prior to the expiration of the original	6130
deferment, that the assessment be further deferred and as long as	6131
the property owner's land could qualify for placement in an	6132
agricultural district pursuant to section 929.02 of the Revised	6133
Code.	6134

The board shall regularly review the use and ownership of the	6135
property for which the collection of assessments has been deferred	6136
pursuant to this division, and upon finding that the land could no	6137
longer qualify for placement in an agricultural district pursuant	6138
to section 929.02 of the Revised Code, the board shall immediately	6139
collect, without interest, the full amount of the assessment	6140
deferred ~~and repay the commission the amount of any moneys~~	6141
~~advanced by it in regard to such assessment. The board shall pay~~	6142
~~all such amounts to the commission in one annual payment or longer~~	6143
~~period as approved by the commission. The board shall pay, from~~	6144
~~the general funds of the county, interest annually at the interest~~	6145
~~rate per annum equal to that rate of interest published as the~~	6146
~~20-bond index rate in "The Bond Buyer" minus four per cent per~~	6147
~~annum or at five per cent per annum, whichever is greater, for any~~	6148
~~moneys not repaid to the commission pursuant to this division~~	6149
~~within one year of the date of the disqualification of the~~	6150
~~property for the continual deferment which requires such~~	6151
~~repayment. The interest rate for any moneys not repaid to the~~	6152
~~commission shall be calculated one year from the date of the~~	6153
~~disqualification of the property for the continual deferment which~~	6154
~~requires such repayment, and annually thereafter~~.	6155

~~(D)~~(C) The board of county commissioners shall send a notice	6156
by regular or certified mail to all owners of property on which	6157
assessments have been deferred pursuant to division ~~(B)~~(A) of this	6158
section, which lists the expiration of the deferment, not later	6159
than two hundred ten days prior to the expiration of the deferment	6160
of those assessments.	6161

~~(E)~~(D) The board shall collect the assessments, without	6162
interest, which have been deferred pursuant to division ~~(B)~~(A) of	6163
this section upon expiration of the maximum time for which	6164
deferments were made ~~and repay the commission the amount of any~~	6165
~~moneys advanced by it in regard to such assessments~~; provided,	6166
that for a property owner who requests in writing, no later than	6167
six months prior to the expiration of the deferment period, that	6168
payment of ~~his~~the owner's deferred assessments be in	6169
installments, the board of county commissioners upon expiration of	6170
the deferment period may by resolution further certify for	6171
collection pursuant to section 6103.16 of the Revised Code, such	6172
deferred assessments in installments over not more than twenty	6173
years, as determined by the board, together with interest thereon	6174
each year on the unpaid balance at the same rate borne by bonds of	6175
the county which shall be issued in anticipation thereof as	6176
provided in Chapter 133. of the Revised Code~~, and the proceeds of~~	6177
~~the bond issue used to repay such deferred assessments to the~~	6178
~~commission~~.	6179

Assessments which have been deferred by attribution as tap-in	6180
charges under division ~~(B)~~(A) of this section shall be collected	6181
as deferred assessments at that time. ~~As the board collects tap-in~~	6182
~~charges which are deferred assessments under division (B) of this~~	6183
~~section, it shall repay the commission the amount thereof which~~	6184
~~was advanced by it in regard to such assessments.~~ An owner of	6185
property for which assessments have been deferred under division	6186
~~(B)~~(A) of this section, in requesting a tap-in may, subject to the	6187
approval of the board, designate a part of an entire assessed	6188
tract as the part which the tap-in is to serve, and the board	6189
shall collect the deferred assessment on that tract in the	6190
proportion that the part bears to the entire tract, on a front	6191
foot or other basis approved by the commission, but if in the	6192
judgment of the board the tap-in is reasonably intended to serve	6193
the entire tract or substantially all of the tract, it shall	6194
collect the deferred assessment for the entire tract.	6195

Prior to the expiration of the maximum time of deferment, the	6196
board shall regularly review the use of the property for which the	6197
collection of assessments has been deferred and upon finding,	6198
~~pursuant to the rules of the commission,~~ that the use of the land	6199
has changed from the use at the time of the deferment so that the	6200
benefit of the improvement can then be realized, the board shall	6201
immediately collect the full amount of the assessment for the	6202
portion of the property for which the use has so changed, without	6203
interest~~, and repay the commission the amount of any moneys~~	6204
~~advanced by it in regard to such assessment. The board shall pay~~	6205
~~all such amounts to the commission in one annual payment or longer~~	6206
~~period as approved by the commission. The board of county~~	6207
~~commissioners shall pay, from the general funds of the county,~~	6208
~~interest annually at the interest rate per annum equal to that~~	6209
~~rate of interest published as the 20-bond index rate in "The Bond~~	6210
~~Buyer" minus four per cent per annum or at five per cent per~~	6211
~~annum, whichever is greater, for any moneys not repaid to the~~	6212
~~commission pursuant to this division within one year of the date~~	6213
~~of the change in the use of property requiring such repayment, or~~	6214
~~of the date upon which payment of a tap-in charge is required by~~	6215
~~law to be made, whichever date is applicable. The interest rate~~	6216
~~for any moneys not repaid to the commission shall be calculated~~	6217
~~one year from the date of the change in the use of property~~	6218
~~requiring such repayment or from the date upon which payment of a~~	6219
~~tap-in charge is required by law to be made, whichever date is~~	6220
~~applicable, and annually thereafter~~.	6221

Sec. 6117.062. (A) ~~A board of county commissioners may apply~~	6222
~~to the water and sewer commission, created by division (C) of~~	6223
~~section 1525.11 of the Revised Code, for an advance of moneys from~~	6224
~~the water and sewer fund, created by division (A) of section~~	6225
~~1525.11 of the Revised Code, in an amount equal to that portion of~~	6226
~~the costs of an improvement authorized under sections 6117.01 to~~	6227
~~6117.45 of the Revised Code which is to be financed by assessments~~	6228
~~whose collection is deferred pursuant to division (B) of this~~	6229
~~section. The application for such an advance of moneys shall be~~	6230
~~made in the manner prescribed by rules of the commission.~~	6231

~~(B)~~ At any time prior to the expiration of the five-day	6232
period provided by section 6117.06 of the Revised Code for the	6233
filing of written objections, any owner of property which is	6234
classified on the general tax list of the county auditor as	6235
agricultural land and has been assessed for the extension of a	6236
trunk sewer line over or along such property under sections	6237
6117.01 to 6117.45 of the Revised Code may file with the board of	6238
county commissioners a request in writing for deferment of the	6239
collection of ~~his~~the assessment if the trunk sewer line ~~serves a~~	6240
~~purpose, as set forth in section 1525.13 of the Revised Code, for~~	6241
~~which the fund may be used~~provides sewer facilities to aid in the	6242
establishment of new industrial plants, the expansion of existing	6243
industrial plants, or such other industrial development, or	6244
provides sewer facilities to aid in the establishment of	6245
commercial and residential developments. Such request shall	6246
identify the property in connection with which the request for	6247
deferment is made, shall describe its present use and present	6248
classification on the general tax list of the county auditor,	6249
shall state its estimated market value, showing separately the	6250
value of the land and the value of the buildings thereon, shall	6251
state the reasons, if any, why a portion of the benefit of the	6252
improvement will not be realized until the use of the land is	6253
changed, and shall state the amount to be deferred. The board	6254
shall promptly consider such request and may order the deferment	6255
of the collection of that portion of the assessment representing a	6256
benefit from the improvement which will not be realized until the	6257
use of the land is changed. The board may, upon request of an	6258
owner whose property has been assessed for the extension of a	6259
trunk sewer line over or along such property under sections	6260
6117.01 to 6117.45 of the Revised Code, defer all or any part of	6261
the assessment on property which is classified on the general tax	6262
list as agricultural land, by attributing the amount of such	6263
assessment or part thereof as tap-in charges, if the trunk sewer	6264
line ~~serves a purpose set forth in section 1525.13 of the Revised~~	6265
~~Code for which the fund may be used. A deferment under this~~	6266
~~section may be conditioned upon the approval of the advance of~~	6267
~~moneys applied for pursuant to division (A) of this section, and a~~	6268
~~maximum length of the deferment may be fixed to coincide with the~~	6269
~~maximum time within which the advance must be repaid. The decision~~	6270
~~on the request for deferment of collection of assessments shall be~~	6271
~~made pursuant to standards established by rules of the commission~~	6272
provides sewer facilities to aid in the establishment of new	6273
industrial plants, the expansion of existing industrial plants, or	6274
such other industrial development, or provides sewer facilities to	6275
aid in the establishment of commercial and residential	6276
developments. Upon determination and approval of final	6277
assessments, the board of county commissioners shall certify all	6278
deferred assessments and a fee equal to ~~any fee paid by the board~~	6279
~~to the commission pursuant to division (C) of section 1525.12 of~~	6280
~~the Revised Code attributable to the deferred payments~~two per	6281
cent of the amount of the deferred assessments to the county	6282
auditor. For purposes of this section, "assessment," "deferred	6283
assessment," or "assessment deferred under this section" mean the	6284
fee and the deferred assessment certified to the county auditor.	6285
The county auditor shall record an assessment deferred under this	6286
section in the sewer improvement record. Such record shall be kept	6287
until such time as the assessments are paid in full or certified	6288
for collection in installments as provided in this section. During	6289
the time when the assessment is deferred there shall be a lien on	6290
the property assessed, which lien shall arise at the time of	6291
recordation by the county auditor and which shall be in force	6292
until the assessments are paid in full or certified for collection	6293
in installments.	6294

~~(C)~~(B) The board of county commissioners shall defer the	6295
collection of an assessment, except the amount of such assessment	6296
or part thereof attributable as tap-in charges, which has been	6297
deferred pursuant to division ~~(B)~~(A) of this section on or before	6298
January 1, 1987, beyond the expiration of the maximum time for the	6299
original deferment if the property owner requests in writing, no	6300
later than six months prior to the expiration of the original	6301
deferment, that the assessment be further deferred and as long as	6302
the property owner's land could qualify for placement in an	6303
agricultural district pursuant to section 929.02 of the Revised	6304
Code.	6305

The board shall regularly review the use and ownership of the	6306
property for which the collection of assessments has been deferred	6307
pursuant to this division, and upon finding that the land could no	6308
longer qualify for placement in an agricultural district pursuant	6309
to section 929.02 of the Revised Code, the board shall immediately	6310
collect, without interest, the full amount of the assessment	6311
deferred ~~and repay the commission the amount of any moneys~~	6312
~~advanced by it in regard to such assessment. The board shall pay~~	6313
~~all such amounts to the commission in one annual payment or longer~~	6314
~~period as approved by the commission. The board shall pay, from~~	6315
~~the general funds of the county, interest annually at the interest~~	6316
~~rate per annum equal to that rate of interest published as the~~	6317
~~20-bond index rate in "The Bond Buyer" minus four per cent per~~	6318
~~annum or at five per cent per annum, whichever rate is greater,~~	6319
~~for any moneys not repaid to the commission pursuant to this~~	6320
~~division within one year of the date of the disqualification of~~	6321
~~the property for the continual deferment which requires such~~	6322
~~repayment. The interest rate for any moneys not repaid to the~~	6323
~~commission shall be calculated one year from the date of the~~	6324
~~disqualification of the property for the continual deferment which~~	6325
~~requires such repayment, and annually thereafter~~.	6326

~~(D)~~(C) The board of county commissioners shall send a notice	6327
by regular or certified mail to all owners of property on which	6328
assessments have been deferred pursuant to division ~~(B)~~(A) of this	6329
section, which lists the expiration of the deferment, not later	6330
than two hundred ten days prior to the expiration of the deferment	6331
of those assessments.	6332

~~(E)~~(D) The board shall collect assessments, without interest,	6333
which have been deferred pursuant to division ~~(B)~~(A) of this	6334
section upon expiration of the maximum time for which deferments	6335
were made ~~and repay the commission the amount of any moneys~~	6336
~~advanced by it in regard to such assessments~~; provided that for a	6337
property owner who requests in writing, no later than six months	6338
prior to the expiration of the deferment period, that payment of	6339
~~his~~the deferred assessments be in installments, the board of	6340
county commissioners upon expiration of the deferment period may	6341
by resolution further certify for collection pursuant to section	6342
6117.33 of the Revised Code, such deferred assessments in	6343
installments over not more than twenty years, as determined by the	6344
board, together with interest thereon each year on the unpaid	6345
balance at the same rate borne by bonds of the county which shall	6346
be issued in anticipation thereof as provided in Chapter 133. of	6347
the Revised Code~~, and the proceeds of the bond issue used to repay~~	6348
~~such deferred assessments to the commission~~. Prior to the	6349
expiration of the maximum time of deferment, the board shall	6350
regularly review the use of the property for which the collection	6351
of assessments has been deferred and upon finding~~, pursuant to the~~	6352
~~rules of the commission,~~ that the use of the land has changed from	6353
the use at the time of the deferment so that the benefit of the	6354
improvement can then be realized, the board shall immediately	6355
collect the full amount of the assessment for the portion of the	6356
property for which the use has so changed, without interest~~, and~~	6357
~~repay the commission the amount of any moneys advanced by it in~~	6358
~~regard to such assessment. The board shall pay all such amounts to~~	6359
~~the commission in one annual payment or longer period as approved~~	6360
~~by the commission. The board shall pay, from the general funds of~~	6361
~~the county, interest annually at the interest rate per annum equal~~	6362
~~to that rate of interest published as the 20-bond index rate in~~	6363
~~"The Bond Buyer" minus four per cent per annum or at five per cent~~	6364
~~per annum, whichever is greater, for any moneys not repaid to the~~	6365
~~commission pursuant to this division within one year of the date~~	6366
~~of the change in the use of property requiring such repayment, or~~	6367
~~of the date upon which payment of a tap-in charge is required by~~	6368
~~law to be made, whichever date is applicable. The interest rate~~	6369
~~for any moneys not repaid to the commission shall be calculated~~	6370
~~one year from the date of the change in the use of property~~	6371
~~requiring such repayment or from the date upon which payment of a~~	6372
~~tap-in charge is required by law to be made, whichever date is~~	6373
~~applicable, and annually thereafter~~.	6374

Section 2. That existing sections 9.981, 102.03, 121.02,	6375
121.03, 121.22, 122.01, 122.011, 122.07, 122.071, 122.17, 122.171,	6376
122.174, 122.175, 122.39, 122.41, 122.42, 122.43, 122.44, 122.48,	6377
122.49, 122.50, 122.51, 122.52, 122.53, 122.561, 122.57, 122.60,	6378
122.601, 122.602, 122.603, 122.61, 122.62, 122.64, 122.76, 122.80,	6379
122.86, 149.43, 164.05, 164.06, 164.08, 166.01, 166.04, 166.05,	6380
166.13, 166.14, 166.18, 166.19, 166.25, 166.30, 174.01, 184.01,	6381
187.01, 187.03, 187.04, 187.05, 929.03, 1551.01, 3735.672,	6382
3746.35, 5117.22, 5709.68, 5709.882, 6103.052, and 6117.062 and	6383
sections 122.40, 1525.11, 1525.12, 1525.13, and 6111.034 of the	6384
Revised Code are hereby repealed.	6385

Section 3. In enacting this act, it is the intent of the	6386
General Assembly that changing the name of the "Department of	6387
Development" to the Development Services Agency and the name of	6388
the "Director of Development" to the Director of Development	6389
Services does not do either of the following:	6390

(A) Make substantive changes in statutory law;

6391

(B) Cause unnecessary expense. The letterhead, forms, printed	6392
materials, and signage displaying the former name of the	6393
Department may be used until they are replaced.	6394

Section 4. Upon the effective date of this act, all	6395
references to the Department of Development or Director of	6396
Development in other uncodified sections of law in Am. Sub. H.B.	6397
153 of the 129th General Assembly and Am. Sub. H.B. 114 of the	6398
129th General Assembly, shall be deemed to refer to the	6399
Development Services Agency or the Director of Development	6400
Services, respectively.	6401

Section 5. (A) There is hereby established a five-year pilot	6402
program to test a new funding mechanism for the state's travel and	6403
tourism marketing. The funding mechanism shall begin operation in	6404
fiscal year 2014 and be calculated as follows:	6405

(1)(a) Not later than the twentieth day of October of each	6406
year, starting in 2013 and ending in 2017, the Tax Commissioner	6407
shall calculate the growth in fiscal year sales tax revenue from	6408
certain defined categories that are related to tourism and certify	6409
that amount to the Director of Budget and Management.	6410

(b) Not later than the twentieth day of October of each year,	6411
starting in 2013 and ending in 2017, the Commissioner shall	6412
calculate and certify to the Director the difference, if greater	6413
than zero, between the revenue collected from the tax imposed	6414
under section 5739.02 of the Revised Code during the twelve-month	6415
period ending on the last day of the preceding June and the	6416
revenue collected during the same twelve-month period one year	6417
earlier, for all vendors classified under the industry codes	6418
identified in division (A)(2) of this section. On or before the	6419
last day of October of each year, starting in 2013 and ending in	6420
2017, the Director of Budget and Management shall transfer from	6421
the General Revenue Fund to the Tourism Fund created in section	6422
122.072 of the Revised Code the amount certified by the	6423
Commissioner under this division, except that the transfer shall	6424
not exceed ten million dollars for any fiscal year.	6425

(c) Each fiscal year, beginning in fiscal year 2015, the Tax	6426
Commissioner shall adjust the ten million annual dollar limit on	6427
transfers to the Tourism Fund. The adjustment shall be made by	6428
adding to the annual limit the product of multiplying the limit	6429
for the preceding fiscal year by the sum of one plus the	6430
percentage increase in the Consumer Price Index for all urban	6431
consumers for the Midwest region, as determined by the United	6432
States Bureau of Labor Statistics, for the twelve-month period	6433
corresponding to the preceding fiscal year. The result shall be	6434
rounded to the nearest one thousand dollars. The calculation of	6435
the percentage increase in the Consumer Price Index shall be done	6436
by taking the average index value over the twelve months of the	6437
last completed fiscal year and comparing that to the average index	6438
value over the twelve months of the immediately preceding fiscal	6439
year.	6440

(2) The following industries included in the industrial	6441
classification system used by the Tax Commissioner shall be used	6442
in the computations under division (A)(1) of this section: air	6443
transportation; water transportation; interurban and rural bus	6444
transportation; taxi service; limousine service; other transit and	6445
ground passenger transportation; scenic and sightseeing	6446
transportation; support activities for air transportation;	6447
automotive equipment rental and leasing; travel arrangement and	6448
reservation services; performing arts companies; spectator sports;	6449
independent artists, writers, and performers; museums, historical	6450
sites, and similar institutions; amusement parks and arcades;	6451
gambling industries; hotels and motels; casino hotels;	6452
bed-and-breakfast inns; other travel accommodations; recreational	6453
vehicle parks and recreational camps; full-service restaurants;	6454
limited-service eating places; drinking places (alcoholic	6455
beverages).	6456

(B) The pilot program shall terminate when the last transfer	6457
of funds made in accordance with division (A)(1)(b) of this	6458
section occurs in fiscal year 2018, specifically in October 2017.	6459
At that time, the Director of Development Services, the Director	6460
of Budget and Management, and the Tax Commissioner shall jointly	6461
review the pilot program and make recommendations to the Governor	6462
and the General Assembly on whether to make the funding mechanism	6463
permanent and, if so, whether any changes should be made to it. If	6464
the recommendation is to make the funding mechanism permanent, the	6465
Director of Development Services, the Director of Budget and	6466
Management, and the Tax Commissioner shall also study and make	6467
recommendations to the Governor and the General Assembly as to	6468
whether the Office of TourismOhio and its functions should be	6469
removed from the Development Services Agency and established as a	6470
private nonprofit corporation or a subsidiary corporation of	6471
JobsOhio.	6472

Section 6. (A) As used in this section, "federal act" means	6473
the "Small Business Liability Relief and Brownfields	6474
Revitalization Act," 115 Stat. 2356 (2002), 42 U.S.C. 9601 and	6475
9604.	6476

(B) There is hereby created in the state treasury the	6477
Brownfields Revolving Loan Fund. The Fund shall consist of all	6478
moneys received by the state from the United States Department of	6479
Environmental Protection under the federal act. The Fund shall be	6480
used to make grants and loans by the Director of Development	6481
Services.	6482

(C) The Director shall administer moneys received into the	6483
Fund and comply with all requirements imposed by the federal act	6484
in its application for, and administration of, the funds as grants	6485
and loans.	6486

(D) The Director shall establish a schedule of fees and	6487
charges payable by grant and loan recipients to the Director for	6488
the administration of this section.	6489

Section 7. That Sections 261.10.40, 261.10.70, 261.20.40,	6490
261.20.50, 261.20.60, 261.20.80, 261.20.90, 261.30.10, 261.30.20,	6491
261.30.30, 261.30.40, 261.30.60, 261.30.70, 261.30.80, 261.30.90,	6492
and 261.40.10 of Am. Sub. H.B. 153 of the 129th General Assembly	6493
be amended to read as follows:	6494

Sec. 261.10.40. ~~STRATEGIC~~ BUSINESS ~~INVESTMENT DIVISION AND~~	6495
~~REGIONAL OFFICES~~DEVELOPMENT SERVICES	6496

The foregoing appropriation item 195415, ~~Strategic~~ Business	6497
~~Investment Division and Regional Offices~~Development Services,	6498
shall be used for the operating expenses of the ~~Strategic~~ Business	6499
~~Investment~~Services Division and the regional economic development	6500
offices and for grants for cooperative economic development	6501
ventures.	6502

Sec. 261.10.70. CLEAN OHIO IMPLEMENTATION

6503

The foregoing appropriation item 195426, Clean Ohio	6504
Implementation, shall be used to fund the costs of administering	6505
the Clean Ohio Revitalization program and other urban	6506
revitalization programs that may be implemented by the ~~Department~~	6507
of Development Services Agency.	6508

Sec. 261.20.40. ~~SUPPORTIVE~~DEVELOPMENT SERVICES OPERATIONS

6509

The Director of Development Services may assess ~~divisions~~	6510
offices of the ~~department~~agency for the cost of central service	6511
operations. An assessment shall contain the characteristics of	6512
administrative ease and uniform application. A division's payments	6513
shall be credited to the Supportive Services Fund (Fund 1350)	6514
using an intrastate transfer voucher.	6515

~~ECONOMIC DEVELOPMENT CONTINGENCY~~

6516

~~The foregoing appropriation item 195677, Economic Development~~	6517
~~Contingency, may be used to award funds directly to either (1)~~	6518
~~business entities considering Ohio for expansion or new site~~	6519
~~location opportunities or (2) political subdivisions to assist~~	6520
~~with necessary costs involved in attracting a business entity. In~~	6521
~~addition, the Director of Development may award funds for~~	6522
~~alternative purposes when appropriate to satisfy an economic~~	6523
~~development opportunity or need deemed extraordinary in nature by~~	6524
~~the Director.~~	6525

~~DIRECT COST RECOVERY~~DEVELOPMENT SERVICES REIMBURSABLE	6526
EXPENDITURES	6527

The foregoing appropriation item 195636, ~~Direct Cost Recovery~~	6528
Development Services Reimbursable Expenditures, shall be used for	6529
reimbursable costs incurred by the agency. Revenues to the General	6530
Reimbursement Fund (Fund 6850) shall consist of moneys charged for	6531
administrative costs that are not central service costs.	6532

Sec. 261.20.50. HEAP WEATHERIZATION

6533

Up to fifteen per cent of the federal funds deposited to the	6534
credit of the Home Energy Assistance Block Grant Fund (Fund 3K90)	6535
may be expended from appropriation item 195614, HEAP	6536
Weatherization, to provide home weatherization services in the	6537
state as determined by the Director of Development Services. Any	6538
transfers or increases in appropriation for the foregoing	6539
appropriation items 195614, HEAP Weatherization, or 195611, Home	6540
Energy Assistance Block Grant, shall be subject to approval by the	6541
Controlling Board.	6542

Sec. 261.20.60. STATE SPECIAL PROJECTS

6543

The State Special Projects Fund (Fund 4F20), may be used for	6544
the deposit of private-sector funds from utility companies and for	6545
the deposit of other miscellaneous state funds. State moneys so	6546
deposited ~~shall~~may also be used to match federal housing grants	6547
for the homeless ~~and to market economic development opportunities~~	6548
~~in the state~~. Private-sector moneys shall be deposited for use in	6549
appropriation item 195699, Utility ~~Provided Funds~~Community	6550
Assistance, and shall be used to (1) pay the expenses of verifying	6551
the income-eligibility of HEAP applicants, (2) leverage additional	6552
federal funds, (3) fund special projects to assist ~~homeless~~	6553
~~individuals~~income-eligible veterans and families with services	6554
and energy assistance programs, (4) fund special projects to	6555
assist with the energy efficiency of households eligible to	6556
participate in the Percentage of Income Payment Plan, and (5)	6557
assist with training programs for agencies that administer	6558
low-income customer assistance programs.	6559

Sec. 261.20.80. MINORITY BUSINESS ENTERPRISE LOAN

6560

All repayments from the Minority Development Financing	6561
Advisory Board Loan Program and the Ohio Mini-Loan Guarantee	6562
Program shall be deposited in the State Treasury to the credit of	6563
the Minority Business Enterprise Loan Fund (Fund 4W10). Operating	6564
costs of administering the Minority Business Enterprise Loan Fund	6565
may be paid from the Minority Business Enterprise Loan Fund (Fund	6566
4W10).	6567

MINORITY BUSINESS BONDING FUND

6568

Notwithstanding Chapters 122., 169., and 175. of the Revised	6569
Code, the Director of Development Services may, upon the	6570
recommendation of the Minority Development Financing Advisory	6571
Board, pledge up to $10,000,000 in the fiscal year 2012-fiscal	6572
year 2013 biennium of unclaimed funds administered by the Director	6573
of Commerce and allocated to the Minority Business Bonding Program	6574
under section 169.05 of the Revised Code. The transfer of any cash	6575
by the Director of Budget and Management from the ~~Department of~~	6576
~~Commerce's~~ Unclaimed Funds Fund (Fund 5430) used by the Department	6577
of Commerce to the ~~Department of Development's~~ Minority Business	6578
Bonding Fund (Fund 4490) used by the Development Services Agency	6579
shall occur, if requested by the Director of Development Services,	6580
only if such funds are needed for payment of losses arising from	6581
the Minority Business Bonding Program, and only after proceeds of	6582
the initial transfer of $2,700,000 by the Controlling Board to the	6583
Minority Business Bonding Program has been used for that purpose.	6584
Moneys transferred by the Director of Budget and Management from	6585
the Department of Commerce for this purpose may be moneys in	6586
custodial funds held by the Treasurer of State. If expenditures	6587
are required for payment of losses arising from the Minority	6588
Business Bonding Program, such expenditures shall be made from	6589
appropriation item 195623, Minority Business Bonding Contingency	6590
in the Minority Business Bonding Fund, and such amounts are hereby	6591
appropriated.	6592

Sec. 261.20.90. ~~OHIO~~ INCUMBENT WORKFORCE TRAINING VOUCHERS

6593

(A) On July 1, 2011, or as soon as possible thereafter, the	6594
Director of Budget and Management shall transfer up to $20,000,000	6595
cash from the Economic Development Programs Fund (Fund 5JC0) used	6596
by the Board of Regents to the Ohio Incumbent Workforce Job	6597
Training Fund (Fund 5HR0) used by the ~~Department of~~ Development	6598
Services Agency.	6599

On July 1, 2012, or as soon as possible thereafter, the	6600
Director of Budget and Management shall transfer up to $30,000,000	6601
cash from the Economic Development Programs Fund (Fund 5JC0) used	6602
by the Board of Regents to the Ohio Incumbent Workforce Job	6603
Training Fund (Fund 5HR0) used by the ~~Department of~~ Development	6604
Services Agency.	6605

(B) Of the foregoing appropriation item 195526, ~~Ohio~~	6606
Incumbent Workforce ~~Job~~ Training Vouchers, up to $20,000,000 in	6607
fiscal year 2012 and up to $30,000,000 in fiscal year 2013 shall	6608
be used to support the Ohio Incumbent Workforce Training Voucher	6609
Program. The Director of Development Services and the Chief	6610
Investment Officer of JobsOhio may enter into an agreement to	6611
operate the program pursuant to the contract between the	6612
~~Department of~~ Development Services Agency and JobsOhio under	6613
section 187.04 of the Revised Code. The agreement may include a	6614
provision for granting, loaning, or transferring funds from	6615
appropriation item 195526, ~~Ohio~~ Incumbent Workforce ~~Job~~ Training	6616
Vouchers, to JobsOhio to provide training for incumbent workers.	6617

(C) Regardless of any agreement between the Director and the	6618
Chief Investment Officer under division (B) of this section, the	6619
Ohio Incumbent Workforce Training Voucher Program shall conform to	6620
guidelines for the operation of the program, including, but not	6621
limited to, the following:	6622

(1) A requirement that a training voucher under the program	6623
shall not exceed $6,000 per worker per year;	6624

(2) A provision for an employer of an eligible employee to	6625
apply for a voucher on behalf of the eligible employee;	6626

(3) A provision for an eligible employee to apply directly	6627
for a training voucher with the pre-approval of the employee's	6628
employer; and	6629

(4) A requirement that an employee participating in the	6630
program, or the employee's employer, shall pay for not less than	6631
thirty-three per cent of the training costs under the program.	6632

DEFENSE DEVELOPMENT ASSISTANCE

6633

On July 1 of each fiscal year, or as soon as possible	6634
thereafter, the Director of Budget and Management shall transfer	6635
$5,000,000 in cash from the Economic Development Projects Fund	6636
(Fund 5JC0) used by the Board of Regents to the Ohio Incumbent	6637
Workforce Job Training Fund (Fund 5HR0) used by the ~~Department of~~	6638
Development Services Agency. The transferred funds are hereby	6639
appropriated in appropriation item 195622, Defense Development	6640
Assistance.	6641

The foregoing appropriation item 195622, Defense Development	6642
Assistance, shall be used for economic development programs and	6643
the creation of new jobs to leverage and support mission gains at	6644
Department of Defense facilities in Ohio by working with future	6645
base realignment and closure activities and ongoing Department of	6646
Defense efficiency initiatives, assisting efforts to secure	6647
Department of Defense support contracts for Ohio companies,	6648
assessing and supporting regional job training and workforce	6649
development needs generated by the Department of Defense and the	6650
Ohio aerospace industry, and for expanding job training and	6651
economic development programs in human performance related	6652
initiatives. These funds shall be matched by private industry	6653
partners or the Department of Defense in an aggregate amount of	6654
$6,000,000 over the FY 2012-FY 2013 biennium.	6655

Sec. 261.30.10. ADVANCED ENERGY ~~FUND~~LOAN PROGRAMS

6656

The foregoing appropriation item 195660, Advanced Energy Loan	6657
Programs, shall be used to provide financial assistance to	6658
customers for eligible advanced energy projects for residential,	6659
commercial, and industrial business, local government, educational	6660
institution, nonprofit, and agriculture customers, and to pay for	6661
the program's administrative costs as provided in sections 4928.61	6662
to 4928.63 of the Revised Code and rules adopted by the Director	6663
of Development Services.	6664

On July 1 of each fiscal year, or as soon as possible	6665
thereafter, the Director of Budget and Management shall transfer	6666
$750,000 in cash from the Advanced Energy Fund (Fund 5M50) to the	6667
Alternative Fuel Transportation Grant Fund (Fund 5CG0).	6668

VOLUME CAP ADMINISTRATION

6669

The foregoing appropriation item 195654, Volume Cap	6670
Administration, shall be used for expenses related to the	6671
administration of the Volume Cap Program. Revenues received by the	6672
Volume Cap Administration Fund (Fund 6170) shall consist of	6673
application fees, forfeited deposits, and interest earned from the	6674
custodial account held by the Treasurer of State.	6675

Sec. 261.30.20. INNOVATION OHIO LOAN FUND

6676

The foregoing appropriation item 195664, Innovation Ohio,	6677
shall be used to provide for innovation Ohio purposes, including	6678
loan guarantees and loans under Chapter 166. and particularly	6679
sections 166.12 to 166.16 of the Revised Code.	6680

RESEARCH AND DEVELOPMENT

6681

The foregoing appropriation item 195665, Research and	6682
Development, shall be used to provide for research and development	6683
purposes, including loans, under Chapter 166. and particularly	6684
sections 166.17 to 166.21 of the Revised Code.	6685

LOGISTICS AND DISTRIBUTION INFRASTRUCTURE

6686

Appropriation item 195698, Logistics and Distribution	6687
Infrastructure, shall be used for eligible logistics and	6688
distribution infrastructure projects as defined in section 166.01	6689
of the Revised Code. Any unexpended and unencumbered portion of	6690
the appropriation item at the end of fiscal year 2011 is hereby	6691
reappropriated for the same purpose in fiscal year 2012, and any	6692
unexpended and unencumbered portion of the appropriation item at	6693
the end of fiscal year 2012 is hereby reappropriated for the same	6694
purpose in fiscal year 2013.	6695

After all encumbrances have been paid, the Director of Budget	6696
and Management shall transfer the remaining cash balance in the	6697
Logistics and Distribution Infrastructure Fund (Fund 7008) to the	6698
Facilities Establishment Fund (Fund 7037).	6699

FACILITIES ESTABLISHMENT ~~FUND~~

6700

The foregoing appropriation item 195615, Facilities	6701
Establishment (Fund 7037), shall be used for the purposes of the	6702
Facilities Establishment Fund under Chapter 166. of the Revised	6703
Code.	6704

Notwithstanding Chapter 166. of the Revised Code, an amount	6705
not to exceed $1,000,000 in cash in fiscal year 2012 may be	6706
transferred from the Facilities Establishment Fund (Fund 7037) to	6707
the ~~Economic Development Financing Operating~~Business Assistance	6708
Fund (Fund 4510). The transfer is subject to Controlling Board	6709
approval under division (B) of section 166.03 of the Revised Code.	6710

Notwithstanding Chapter 166. of the Revised Code, the	6711
Director of Budget and Management may transfer an amount not to	6712
exceed $2,500,000 in cash in each fiscal year from the Facilities	6713
Establishment Fund (Fund 7037) to the Minority Business Enterprise	6714
Loan Fund (Fund 4W10).	6715

On July 1, ~~2011~~2012, or as soon as possible thereafter, the	6716
Director of Budget and Management shall transfer the unexpended	6717
and unencumbered cash balance in the Urban Development Loans Fund	6718
(Fund 5D20) to the Facilities Establishment Fund (Fund 7037).	6719

On July 1, ~~2011~~2012, or as soon as possible thereafter, the	6720
Director of Budget and Management shall transfer the unexpended	6721
and unencumbered cash balance in the Rural Industrial Park Loan	6722
Fund (Fund 4Z60) to the Facilities Establishment Fund (Fund 7037).	6723

CAPITAL ACCESS LOAN PROGRAM

6724

The foregoing appropriation item 195628, Capital Access Loan	6725
Program, shall be used for operating, program, and administrative	6726
expenses of the program. Funds of the Capital Access Loan Program	6727
shall be used to assist participating financial institutions in	6728
making program loans to eligible businesses that face barriers in	6729
accessing working capital and obtaining fixed-asset financing.	6730

Sec. 261.30.30. CLEAN OHIO OPERATING EXPENSES

6731

The foregoing appropriation item 195663, Clean Ohio	6732
~~Operating~~Program, shall be used by the ~~Department of~~ Development	6733
Services Agency in administering Clean Ohio Revitalization Fund	6734
(Fund 7003) projects pursuant to sections 122.65 to 122.658 of the	6735
Revised Code.	6736

Sec. 261.30.40. THIRD FRONTIER OPERATING

6737

The foregoing appropriation items 195686, Third Frontier	6738
Operating, and 195620, Third Frontier Operating - Tax, shall be	6739
used for operating expenses incurred by the ~~Department of~~	6740
Development Services Agency in administering projects pursuant to	6741
sections 184.10 to 184.20 of the Revised Code. Operating expenses	6742
paid from item 195686 shall be limited to the administration of	6743
projects funded from the Third Frontier Research & Development	6744
Fund (Fund 7011) and operating expenses paid from item 195620	6745
shall be limited to the administration of projects funded from the	6746
Third Frontier Research & Development Taxable Bond Project Fund	6747
(Fund 7014).	6748

Sec. 261.30.60. JOB READY SITE ~~OPERATING~~PROGRAM

6749

The foregoing appropriation item 195688, Job Ready Site	6750
~~Operating~~Program, shall be used for operating expenses incurred	6751
by the ~~Department of~~ Development Services Agency in administering	6752
Job Ready Site Development Fund (Fund 7012) projects pursuant to	6753
sections 122.085 to 122.0820 of the Revised Code. Operating	6754
expenses include, but are not limited to, certain qualified	6755
expenses of the District Public Works Integrating Committees, as	6756
applicable, engineering review of submitted applications by the	6757
State Architect or a third-party engineering firm, audit and	6758
accountability activities, and costs associated with formal	6759
certifications verifying that site infrastructure is in place and	6760
is functional.	6761

Sec. 261.30.70. OHIO COAL DEVELOPMENT OFFICE

6762

On July 1, 2011, or as soon as possible thereafter, the	6763
Director of Budget and Management shall transfer any unexpended	6764
and unencumbered portion of appropriation item 898604, Coal	6765
Research and Development Fund, used by the Ohio Air Quality	6766
Development Authority, to a new capital appropriation item in the	6767
~~Department of~~ Development Services Agency, to be determined by the	6768
Director. The Director also shall cancel all outstanding	6769
encumbrances against appropriation item 898604, Coal Research and	6770
Development Fund, and reestablish them against the foregoing new	6771
capital appropriation item. The amounts of the transfer and the	6772
reestablished encumbrances, plus $2,283,264, are hereby	6773
appropriated for fiscal year 2012 in the foregoing new	6774
appropriation item and shall be used to provide funding for coal	6775
research and development purposes.	6776

Sec. 261.30.80. THIRD FRONTIER BIOMEDICAL RESEARCH AND	6777
COMMERCIALIZATION SUPPORT	6778

The General Assembly and the Governor recognize the role that	6779
the biomedical industry has in job creation, innovation, and	6780
economic development throughout Ohio. It is the intent of the	6781
General Assembly, the Governor, the Director of Development	6782
Services, and the Director of Budget and Management to work	6783
together in continuing to provide comprehensive state support for	6784
the biomedical industry.	6785

Sec. 261.30.90. UNCLAIMED FUNDS TRANSFER

6786

(A) Notwithstanding division (A) of section 169.05 of the	6787
Revised Code, upon the request of the Director of Budget and	6788
Management, the Director of Commerce, before June 30, 2012, shall	6789
transfer to the Job Development Initiatives Fund (Fund 5AD0) an	6790
amount not to exceed $25,000,000 in cash of the unclaimed funds	6791
that have been reported by the holders of unclaimed funds under	6792
section 169.05 of the Revised Code, regardless of the allocation	6793
of the unclaimed funds described under that section.	6794

Notwithstanding division (A) of section 169.05 of the Revised	6795
Code, upon the request of the Director of Budget and Management,	6796
the Director of Commerce, before June 30, 2013, shall transfer to	6797
the Job Development Initiatives Fund (Fund 5AD0) an amount not to	6798
exceed $~~15,000,000~~18,600,000 in cash of the unclaimed funds that	6799
have been reported by the holders of unclaimed funds under section	6800
169.05 of the Revised Code, regardless of the allocation of the	6801
unclaimed funds described under that section.	6802

(B) Notwithstanding division (A) of section 169.05 of the	6803
Revised Code, upon the request of the Director of Budget and	6804
Management, the Director of Commerce, before June 30, 2012, shall	6805
transfer to the State Special Projects Fund (Fund 4F20) an amount	6806
not to exceed $5,000,000 in cash of the unclaimed funds that have	6807
been reported by the holders of unclaimed funds under section	6808
169.05 of the Revised Code, regardless of the allocation of the	6809
unclaimed funds described under that section.	6810

Sec. 261.40.10. WORKFORCE DEVELOPMENT

6811

The Director of Development Services and the Director of Job	6812
and Family Services may enter into one or more interagency	6813
agreements between the two departments and take other actions the	6814
directors consider appropriate to further integrate workforce	6815
development into a larger economic development strategy, to	6816
implement the recommendations of the Workforce Policy Board, and	6817
to complete activities related to the transition of the	6818
administration of employment programs identified by the board.	6819
Subject to the approval of the Director of Budget and Management,	6820
the ~~Department of~~ Development Services Agency and the Department	6821
of Job and Family Services may expend moneys to support the	6822
recommendations of the Workforce Policy Board in the area of	6823
integration of employment functions as described in this paragraph	6824
and to complete implementation and transition activities from the	6825
appropriations to those departments.	6826

Section 8. That existing Sections 261.10.40, 261.10.70,	6827
261.20.40, 261.20.50, 261.20.60, 261.20.80, 261.20.90, 261.30.10,	6828
261.30.20, 261.30.30, 261.30.40, 261.30.60, 261.30.70, 261.30.80,	6829
261.30.90, and 261.40.10 of Am. Sub. H.B. 153 of the 129th General	6830
Assembly are hereby repealed.	6831

Section 9. That Sections 261.10 and 261.20.93 of Am. Sub.	6832
H.B. 153 of the 129th General Assembly, as amended by Sub. H.B.	6833
371 of the 129th General Assembly, be amended to read as follows:	6834

Sec. 261.10. DEV ~~DEPARTMENT OF~~ DEVELOPMENT SERVICES AGENCY

6835

General Revenue Fund	6836

GRF	195401	Thomas Edison Program	$	14,820,354	$	0	6837
GRF	195402	Coal ~~Development Office~~ Research Operating	$	260,983	$	261,205	6838
GRF	195404	Small Business Development	$	1,565,770	$	0	6839
GRF	195405	Minority Business Enterprise Division	$	1,118,528	$	0	6840
GRF	195407	Travel and Tourism	$	5,000,000	$	0 5,000,000	6841
GRF	195412	Rapid Outreach Grants	$	9,000,000	$	0	6842
GRF	195415	~~Strategic~~ Business ~~Investment Division and Regional Offices~~ Development Services	$	4,500,000	$	0 2,413,387	6843
GRF	195416	Governor's Office of Appalachia	$	3,700,000	$	~~3,700,000~~ 0	6844
GRF	195422	Technology Action	$	547,341	$	0	6845
GRF	195426	Clean Ohio Implementation	$	468,365	$	0 468,365	6846
GRF	195432	Global Markets	$	3,500,000	$	0	6847
GRF	195434	Industrial Training Grants	$	10,000,000	$	0	6848
GRF	195497	CDBG Operating Match	$	1,015,000	$	0 1,015,000	6849
GRF	195501	Appalachian Local Development Districts	$	391,482	$	~~391,482~~ 0	6850
GRF	195502	Appalachian Regional Commission Dues	$	195,000	$	~~195,000~~ 0	6851
~~GRF~~	~~195528~~	~~Economic Development Projects~~	$	0	$	~~26,943,518~~	6852
GRF	195532	Technology Programs and Grants	$	0	$	13,547,341	6853
GRF	195533	Business Assistance	$	0	$	5,899,465	6854
GRF	195535	Appalachia Assistance	$	0	$	4,286,482	6855
GRF	195901	Coal Research & Development General Obligation Debt Service	$	7,861,100	$	5,577,700	6856
GRF	195905	Third Frontier Research & Development General Obligation Debt Service	$	29,323,300	$	63,640,300	6857
GRF	195912	Job Ready Site Development General Obligation Debt Service	$	9,859,200	$	15,680,500	6858
TOTAL GRF General Revenue Fund			$	103,126,423	$	~~116,389,705~~ 117,789,745	6859

General Services Fund Group	6860

1350	195684	~~Supportive~~ Development Services Operations	$	11,700,000	$	11,700,000	6861
4W10	195646	Minority Business Enterprise Loan	$	2,500,000	$	2,500,000	6862
5AD0	195633	Legacy Projects	$	15,000,000	$	~~15,000,000~~ 18,600,000	6863
5AD0	195677	Economic Development Contingency	$	10,000,000	$	0	6864
5W50	195690	Travel and Tourism Cooperative Projects	$	50,000	$	50,000	6865
6850	195636	~~Direct Cost Recovery~~ Development Services Reimbursable Expenditures	$	750,000	$	750,000	6866
TOTAL GSF General Services Fund							6867
Group			$	40,000,000	$	~~30,000,000~~ 33,600,000	6868

Federal Special Revenue Fund Group	6869

3080	195602	Appalachian Regional Commission	$	475,000	$	475,000	6870
3080	195603	Housing ~~and Urban Development~~ Assistance Programs	$	6,000,000	$	6,000,000	6871
3080	195605	Federal Projects	$	85,028,606	$	~~85,470,106~~ 0	6872
3080	195609	Small Business Administration Grants	$	6,438,143	$	5,511,381	6873
3080	195618	Energy ~~Federal~~ Grants	$	38,000,000	$	3,400,000	6874
3080	195670	Home Weatherization Program	$	0	$	72,670,106	6875
3080	195671	Brownfield Redevelopment	$	0	$	6,800,000	6876
3080	195672	Manufacturing Extension Partnership	$	0	$	6,000,000	6877
3350	195610	Energy ~~Conservation and Emerging Technology~~ Programs	$	1,100,000	$	1,100,000	6878
3AE0	195643	Workforce Development Initiatives	$	16,300,000	$	16,300,000	6879
3DB0	195642	Federal Stimulus - Energy Efficiency & Conservation Block Grants	$	3,000,000	$	42,485	6880
3EG0	195608	~~Federal~~ Energy Sector Training Grants	$	5,000,000	$	1,344,056	6881
3K80	195613	Community Development Block Grant	$	76,795,818	$	65,210,000	6882
3K90	195611	Home Energy Assistance Block Grant	$	115,743,608	$	115,743,608	6883
3K90	195614	HEAP Weatherization	$	22,000,000	$	22,000,000	6884
3L00	195612	Community Services Block Grant	$	27,240,217	$	27,240,217	6885
3V10	195601	HOME Program	$	40,000,000	$	40,000,000	6886
TOTAL FED Federal Special Revenue							6887
Fund Group			$	443,121,392	$	389,836,853	6888

State Special Revenue Fund Group	6889

4500	195624	Minority Business Bonding Program Administration	$	160,110	$	159,069	6890
4510	195625	Economic Development Financing Operating	$	3,000,000	$	~~3,000,000~~ 0	6891
4510	195649	Business Assistance Programs	$	0	$	3,700,800	6892
4F20	195639	State Special Projects	$	180,437	$	180,436	6893
4F20	195676	Marketing Initiatives	$	5,000,000	$	0	6894
4F20	195699	Utility ~~Provided Funds~~ Community Assistance	$	500,000	$	500,000	6895
4S00	195630	Tax Incentive Programs	$	650,800	$	~~650,800~~ 0	6896
5CG0	195679	Alternative Fuel Transportation	$	750,000	$	750,000	6897
5HJ0	195604	Motion Picture Tax Credit Program	$	50,000	$	~~50,000~~ 0	6898
5HR0	195526	~~Ohio~~ Incumbent Workforce ~~Job~~ Training Vouchers	$	20,000,000	$	30,000,000	6899
5HR0	195622	Defense Development Assistance	$	5,000,000	$	5,000,000	6900
5JR0	195635	Redevelopment Program Support	$	0	$	100,000	6901
5JR0	195656	New Market Tax Credit Program	$	50,000	$	~~50,000~~ 0	6902
5KD0	195621	Brownfield Stormwater Loan	$	50,000	$	~~50,000~~ 0	6903
5KN0	195640	Local Government Innovation	$	175,000	$	44,825,000	6904
5LK0	195655	Workforce Development Programs	$	0	$	10,000,000	6905
5M40	195659	Low Income Energy Assistance (USF)	$	245,000,000	$	245,000,000	6906
5M50	195660	Advanced Energy Loan Programs	$	8,000,000	$	0	6907
5W60	195691	International Trade Cooperative Projects	$	160,000	$	160,000	6908
6170	195654	Volume Cap Administration	$	94,397	$	92,768	6909
6460	195638	Low- and Moderate- Income Housing Trust Fund	$	53,000,000	$	53,000,000	6910
TOTAL SSR State Special Revenue							6911
Fund Group			$	341,820,744	$	~~383,468,073~~ 393,468,073	6912

Facilities Establishment Fund Group	6913

5S90	195628	Capital Access Loan Program	$	1,500,000	$	1,500,000	6914
7009	195664	Innovation Ohio	$	15,000,000	$	15,000,000	6915
7010	195665	Research and Development	$	22,000,000	$	22,000,000	6916
7037	195615	Facilities Establishment	$	50,000,000	$	50,000,000	6917
TOTAL 037 Facilities							6918
Establishment Fund Group			$	88,500,000	$	88,500,000	6919

Clean Ohio Revitalization Fund	6920

7003	195663		Clean Ohio ~~Operating~~ Program		$	950,000		$	950,000		6921
TOTAL 7003 Clean Ohio Revitalization Fund					$	950,000		$	950,000		6922

Third Frontier Research & Development Fund Group	6923

7011	195686	Third Frontier Operating	$	1,149,750	$	1,149,750	6924
7011	195687	Third Frontier Research & Development Projects	$	183,850,250	$	133,850,250	6925
7014	195620	Third Frontier Operating - Tax	$	1,700,000	$	1,700,000	6926
7014	195692	Research & Development Taxable Bond Projects	$	38,300,000	$	38,300,000	6927
TOTAL 011 Third Frontier Research & Development Fund Group			$	225,000,000	$	175,000,000	6928

Job Ready Site Development Fund Group	6929

7012	195688		Job Ready Site ~~Operating~~ Program		$	800,000		$	800,000		6930
TOTAL 012 Job Ready Site Development Fund Group					$	800,000		$	800,000		6931

Tobacco Master Settlement Agreement Fund Group	6932

M087	195435	Biomedical Research and Technology Transfer	$	1,999,224	$	1,999,224	6933
TOTAL TSF Tobacco Master Settlement Agreement Fund Group			$	1,999,224	$	1,999,224	6934
TOTAL ALL BUDGET FUND GROUPS			$	1,245,317,783	$	~~1,186,943,855~~ 1,201,943,895	6935

Sec. 261.20.93. LOCAL GOVERNMENT INNOVATION FUND

6937

The foregoing appropriation item 195640, Local Government	6938
Innovation, shall be used for the purposes of making loans and	6939
grants to political subdivisions under the Local Government	6940
Innovation Program in accordance with sections 189.01 to 189.10 of	6941
the Revised Code. Of the foregoing appropriation item 195640,	6942
Local Government Innovation, up to $175,000 in fiscal year 2012	6943
and $175,000 in fiscal year 2013 shall be used for administrative	6944
costs incurred by the ~~Department of~~ Development Services Agency.	6945

On the effective date of this amendment, or as soon as	6946
possible thereafter, the Director of Budget and Management shall	6947
transfer $175,000 in cash from the General Revenue Fund to the	6948
Local Government Innovation Fund (Fund 5KN0). On July 1, 2012, or	6949
as soon as possible thereafter, the Director of Budget and	6950
Management shall transfer $44,825,000 in cash from the General	6951
Revenue Fund to the Local Government Innovation Fund (Fund 5KN0).	6952

Section 10. That existing Sections 261.10 and 261.20.93 of	6953
Am. Sub. H.B. 153 of the 129th General Assembly, as amended by	6954
Sub. H.B. 371 of the 129th General Assembly, are hereby repealed.	6955

Section 11. TRAVEL AND TOURISM

6956

The foregoing appropriation item 195407, Travel and Tourism,	6957
shall be used for marketing the state of Ohio as a tourism	6958
destination and to support administrative expenses and contracts	6959
necessary to market Ohio.	6960

Section 12. CDBG OPERATING MATCH

6961

The foregoing appropriation item 195497, CDBG Operating	6962
Match, shall be used as matching funds for grants from the United	6963
States Department of Housing and Urban Development pursuant to the	6964
Housing and Community Development Act of 1974 and regulations and	6965
policy guidelines for the programs pursuant thereto.	6966

Section 13. TECHNOLOGY PROGRAMS AND GRANTS

6967

The foregoing appropriation item 195532, Technology Programs	6968
and Grants, shall be used for the same purposes as funding	6969
previously appropriated for appropriation items 195401, Thomas	6970
Edison Program, and 195422, Technology Action. Of the foregoing	6971
appropriation item 195532, Technology Programs and Grants, up to	6972
$547,341 in fiscal year 2013 shall be used for operating expenses	6973
incurred in administering the Ohio Third Frontier pursuant to	6974
sections 184.10 to 184.20 of the Revised Code; and up to	6975
$13,000,000 in fiscal year 2013 shall be used for the Thomas	6976
Edison Program pursuant to sections 122.28 to 122.38 of the	6977
Revised Code, of which not more than ten per cent shall be used	6978
for operating expenses incurred in administering the program.	6979

Section 14. BUSINESS ASSISTANCE

6980

The foregoing appropriation item 195533, Business Assistance,	6981
shall be used as matching funds for grants from the United States	6982
Small Business Administration and other federal agencies, pursuant	6983
to Public Law No. 96-302 as amended by Public Law No. 98-395, and	6984
regulations and policy guidelines for the programs pursuant	6985
thereto. This appropriation item also may be used to provide	6986
grants to local organizations to support economic development	6987
activities that promote minority business development, small	6988
business development, entrepreneurship, and exports of Ohio's	6989
goods and services.	6990

Section 15. APPALACHIA ASSISTANCE

6991

The foregoing appropriation item 195535, Appalachia	6992
Assistance, may be used for the administrative costs of planning	6993
and liaison activities for the Governor's Office of Appalachia, to	6994
provide financial assistance to projects in Ohio's Appalachian	6995
counties, to pay dues for the Appalachian Regional Commission, and	6996
to match federal funds from the Appalachian Regional Commission.	6997

Of the foregoing appropriation item 195535, Appalachia	6998
Assistance, up to $440,000 in fiscal year 2013 shall be used to	6999
support four local development districts. Of that amount, up to	7000
$135,000 shall be allocated to the Ohio Valley Regional	7001
Development Commission, up to $135,000 shall be allocated to the	7002
Ohio Mid-Eastern Government Association, up to $135,000 shall be	7003
allocated to the Buckeye Hills-Hocking Valley Regional Development	7004
District, and up to $35,000 shall be allocated to the Eastgate	7005
Regional Council of Governments. Local development districts	7006
receiving funding under this section shall use the funds for the	7007
implementation and administration of programs and duties under	7008
section 107.21 of the Revised Code.	7009

Section 16. LEGACY PROJECTS

7010

The foregoing appropriation item 195633, Legacy Projects,	7011
shall be used to support existing grant commitments to companies	7012
incurred prior to fiscal year 2013. A portion of the appropriation	7013
item may also be used to support administrative expenses and other	7014
costs associated with these projects.	7015

Section 17. BUSINESS ASSISTANCE PROGRAMS

7016

The foregoing appropriation item 195649, Business Assistance	7017
Programs, shall be used for administrative expenses associated	7018
with the operation of tax credit programs, loan servicing, the	7019
Ohio Film Office, and the Office of Strategic Business	7020
Investments, and for payments to the JobsOhio corporation	7021
established in Chapter 187. of the Revised Code for services	7022
provided for the administration of the 166 Direct Loan Program,	7023
Ohio Enterprise Bond Fund, Research and Development Loan Program,	7024
and Innovation Ohio Loan Program.	7025

Section 18. WORKFORCE DEVELOPMENT PROGRAMS

7026

The foregoing appropriation item 195655, Workforce	7027
Development Programs, may be used for the Ohio Workforce Guarantee	7028
Program to promote training through grants to businesses and, in	7029
the case of a business consortium, to the consortium for training	7030
and education providers for the reimbursement of eligible training	7031
expenses. Not more than ten per cent of appropriation item 195655,	7032
Workforce Development Programs, shall be used for administrative	7033
expenses related to the Ohio Workforce Guarantee Program.	7034

Section 19. ASSORTED TRANSFERS FOR RESTRUCTURING

7035

On July 1, 2012, or as soon as possible thereafter, the	7036
Director of Budget and Management shall transfer the unexpended	7037
and unencumbered cash balance in the Water and Sewer Fund (Fund	7038
4440) to the General Reimbursement Fund (Fund 6850).	7039

On July 1, 2012, or as soon as possible thereafter, the	7040
Director of Budget and Management shall transfer the unexpended	7041
and unencumbered cash balance in the Water and Sewer	7042
Administration Fund (Fund 6110) to the General Reimbursement Fund	7043
(Fund 6850).	7044

On July 1, 2012, or as soon as possible thereafter, the	7045
Director of Budget and Management shall transfer the unexpended	7046
and unencumbered cash balance in the Tax Incentive Programs	7047
Operating Fund (Fund 4S00) to the Business Assistance Fund (Fund	7048
4510).	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 Brownfield Stormwater Loan	7052
Fund (Fund 5KD0) to the New Market Tax Credit Program Fund (Fund	7053
5JR0).	7054

Section 20. That Sections 261.10.10, 261.10.20, 261.10.30,	7055
261.10.50, 261.10.60, 261.10.80, 261.10.90, 261.20.10, 261.20.20,	7056
261.20.70, and 261.30.50 of Am. Sub. H.B. 153 of the 129th General	7057
Assembly are hereby repealed.	7058

Section 21. Sections 7 to 20 of this act are not subject to	7059
the referendum under Ohio Constitution, Article II, Section 1d,	7060
and section 1.471 of the Revised Code, and therefore those	7061
sections take effect immediately when this act becomes law.	7062

Section 22. Section 122.42 of the Revised Code is presented	7063
in this act as a composite of the section as amended by both Am.	7064
Sub. H.B. 117 and Am. Sub. H.B. 356 of the 121st General Assembly.	7065
The General Assembly, applying the principle stated in division	7066
(B) of section 1.52 of the Revised Code that amendments are to be	7067
harmonized if reasonably capable of simultaneous operation, finds	7068
that the composite is the resulting version of the section in	7069
effect prior to the effective date of the section as presented in	7070
this act.	7071

Section 23. Section 149.43 of the Revised Code is presented	7072
in this act as a composite of the section as amended by both Sub.	7073
H.B. 64 and Am. Sub. H.B. 153 of the 129th General Assembly. The	7074
General Assembly, applying the principle stated in division (B) of	7075
section 1.52 of the Revised Code that amendments are to be	7076
harmonized if reasonably capable of simultaneous operation, finds	7077
that the composite is the resulting version of the section in	7078
effect prior to the effective date of the section as presented in	7079
this act.	7080