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H. B. No. 601 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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A BILL
To amend section 9.66 of the Revised Code to deny tax
and economic development incentives to a business
that reduces its workforce in the United States
and increases its workforce elsewhere.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 9.66 of the Revised Code be amended
to read as follows:
Sec. 9.66. (A) As used in this section:
(1) "Economic development assistance" means all of the
following:
(a) The programs and assistance provided or administered by
the department of development under Chapters 122. and 166. of the
Revised Code and any other section of the Revised Code under which
the department provides or administers economic development
assistance;
(b) The programs and assistance provided or administered by a
political subdivision under Chapters 725. and 1728. and sections
3735.67 to 3735.70, 5709.40 to 5709.43, 5709.61 to 5709.69,
5709.73 to 5709.75, and 5709.77 to 5709.81 of the Revised Code and
any other section of the Revised Code under which a political
subdivision provides economic development assistance;
(c) Assistance provided under any other section of the
Revised Code under which the state or a state agency provides or
administers economic development assistance;
(d) The tax credit authorized by section 5725.31, 5729.07,
5733.42, or 5747.39 of the Revised Code.
(2) "Liability" means any of the following:
(a) Any delinquent tax owed the state or a political
subdivision of the state;
(b) Any moneys owed the state or a state agency for the
administration or enforcement of the environmental laws of the
state;
(c) Any other moneys owed the state, a state agency, or a
political subdivision of the state that are past due.
"Liability" includes any item described in division (A)(2) of
this section that is being contested in a court of law.
(3) "Political subdivision" means any county, municipal
corporation, or township of the state.
(4) "State agency" means every organized body, office, or
agency established by the laws of the state for the exercise of
any function of state government.
(B) A person who applies to the state, a state agency, or a
political subdivision for economic development assistance shall
indicate do all of the following:
(1) Indicate on the application for assistance whether the
person has any outstanding liabilities owed to the state, a state
agency, or a political subdivision. Such a person also shall
authorize;
(2) Certify that the person is not disqualified from
receiving economic development assistance under division (D) of
this section;
(3) Authorize the state, state agency, or political
subdivision to inspect the personal or corporate financial
statements of the applicant, including tax records and other
similar information not open to public inspection.
(C)(1) Whoever knowingly makes a false statement under
division (B) of this section concerning an application for
economic development assistance or who fails to provide any
information required by that division is ineligible for the
assistance applied for and, is ineligible for any future economic
development assistance from the state, a state agency, or a
political subdivision.
(2) Whoever knowingly makes a false statement under division
(B) of this section concerning an application for economic
development assistance or who fails to provide any information
required by that division, and shall return any moneys received
from the state, a state agency, or a political subdivision in
connection with that application.
(D)(1) For purposes of this division:
(a) "Taxable year" includes, in the case of a domestic or
foreign insurance company, the calendar year ending on the
thirty-first day of December preceding the day the superintendent
of insurance is required to certify to the treasurer of state
under section 5725.20 or 5729.05 of the Revised Code the amount of
taxes due from insurance companies.
(b) "Full-time equivalent employees" means the quotient
obtained by dividing the total number of hours for which employees
were compensated for employment in the project by two thousand
eighty.
(2) No person who, in the person's most recently completed
taxable year, or in the annual period that ends on the last day of
the person's most recently completed tax period, reduced the
person's full-time equivalent employees in the United States and
increased the person's full-time equivalent employees elsewhere,
may do any of the following:
(a) Apply for or continue to receive economic development
assistance;
(b) Claim for that taxable year or tax period any of the
credits referred to in section 5725.98, 5729.98, 5733.98, 5747.98,
or 5751.98 of the Revised Code.
(3) Annually, a person receiving economic development
assistance shall certify to the state, state agency, or political
subdivision that the person is not disqualified from receiving
economic development assistance under this division. Whoever
knowingly makes a false statement in the certification or who
knowingly fails to submit the certification is no longer eligible
for the economic development assistance for which the
certification is required and may not apply for any future
economic development assistance.
Section 2. That existing section 9.66 of the Revised Code is
hereby repealed.
Section 3. That the amendment of section 9.66 of the Revised
Code by this act applies to applications for economic development
assistance submitted on or after the effective date of this act.
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