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Sub. H. B. No. 18 As Passed by the HouseAs Passed by the House
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Representatives Adams, J., Beck, Blair, Blessing, Boose, Combs, Derickson, Dovilla, Hayes, Henne, Huffman, Pillich, Ruhl, Snitchler, Stinziano, Uecker, Letson, Anielski, Barnes, Bubp, Buchy, Driehaus, Duffey, Garland, Grossman, Hackett, Hagan, C., Hall, Hill, Johnson, Kozlowski, Landis, Lundy, Maag, Martin, McClain, Milkovich, Newbold, Sears, Slaby, Sprague, Terhar, Winburn, Young Speaker Batchelder
A BILL
To amend section 166.03 and to enact section 166.31
of the Revised Code to authorize grants to an
employer that moves operations into a previously
vacant facility and increases payroll by hiring
and employing employees at the facility.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 166.03 be amended and section 166.31
of the Revised Code be enacted to read as follows:
Sec. 166.03. (A) There is hereby created the facilities
establishment fund within the state treasury, consisting of
proceeds from the issuance of obligations as specified under
section 166.08 of the Revised Code; the moneys received by the
state from the sources specified in section 166.09 of the Revised
Code; service charges imposed under sections 166.06 and 166.07 of
the Revised Code; any grants, gifts, or contributions of moneys
received by the director of development to be used for loans made
under section 166.07 of the Revised Code or for the payment of the
allowable costs of project facilities; and all other moneys
appropriated or transferred to the fund. Moneys in the loan
guarantee fund in excess of the loan guarantee reserve
requirement, but subject to the provisions and requirements of any
guarantee contracts, may be transferred to the facilities
establishment fund by the treasurer of state upon the order of the
director of development. Moneys received by the state under
Chapter 122. of the Revised Code, to the extent allocable to the
utilization of moneys derived from proceeds of the sale of
obligations pursuant to section 166.08 of the Revised Code, shall
be credited to the facilities establishment fund.
(B) All moneys appropriated or transferred to the facilities
establishment fund may be released at the request of the director
of development for payment of allowable costs or the making of
loans under section 166.07 or the awarding of grants under section
166.31 of the Revised Code, for transfer to the loan guarantee
fund established in section 166.06 of the Revised Code, or for use
for the purpose of or transfer to the funds established by
sections 122.35, 122.42, 122.54, 122.55, 122.56, 122.561, 122.57,
122.601, and 122.80 of the Revised Code and, until July 1, 2003,
the fund established by section 166.031 of the Revised Code, and,
until July 1, 2007, the fund established by section 122.26 of the
Revised Code, but only for such of those purposes as are within
the authorization of Section 13 of Article VIII, Ohio
Constitution, in all cases subject to the approval of the
controlling board.
(C) The department of development, in the administration of
the facilities establishment fund, is encouraged to utilize and
promote the utilization of, to the maximum practicable extent, the
other existing programs, business incentives, and tax incentives
that department is required or authorized to administer or
supervise.
Sec. 166.31. (A) For purposes of this section:
(1) "Vacant commercial space" means space that has been
unoccupied and available for use in a trade or business for the
twelve months immediately preceding the lease or purchase date
described in division (B) of this section, located in either of
the following:
(a) A building, seventy-five per cent or more of the square
footage of which has been unoccupied and available for use in a
trade or business for the twelve months immediately preceding the
initial lease or purchase date described in division (B) of this
section;
(b) A business park, seventy-five per cent or more of the
square footage of which has been unoccupied and available for use
in a trade or business for the twelve months immediately preceding
the initial lease or purchase date described in division (B) of
this section.
For the purpose of determining whether a building, the
construction of which is not complete, has been unoccupied for the
required length of time, the building first becomes "unoccupied"
when its construction discontinues as determined by the person who
owned the property at that time.
(2) "Business park" means two or more buildings located on
the same or adjacent parcels held under common ownership.
(3) "Building" means a building as defined in section 5701.02
of the Revised Code the construction of which is at least
eighty-five per cent complete and that may be lawfully occupied.
(4) "Qualifying employee" means an employee employed by an
employer, provided the employee is employed at the vacant
commercial space for at least one year, employment of the employee
increases the employer's payroll above the employer's base
employment threshold, and the employee had not been employed by
the employer within sixty days before the date the employer
purchases or enters into a lease for a vacant commercial space.
(5) "Base employment threshold" means the total payroll of
the employer on the date the employer purchases or enters into a
lease for a vacant commercial space.
(B) This section does not apply to the federal government,
the state, the state's political subdivisions, or nonprofit
organizations.
An employer required to deduct and withhold income tax from
an employee's compensation under section 5747.06 and remit such
amounts under section 5747.07 of the Revised Code may apply to the
director of development for a grant from the facilities
establishment fund, provided that, on or after the effective date
of this section as enacted by H.B. 18 of the 129th general
assembly, the employer occupies under a lease or purchases vacant
commercial space at which the employer employs at least fifty
employees or at least fifty per cent of its employees who are
employed in this state. An employer may qualify for the grant only
once. The amount of the grant awarded under this section shall be
five hundred dollars for each qualifying employee. No grant
application shall be accepted by the director three years or later
after the effective date of this section.
The director shall prescribe application materials and
explanations. An employer applying for a grant under this section
shall submit the following with the employer's application to the
director:
(1) An affidavit from the person who, in the case of a lease
of vacant commercial space, owns the property or, in the case of a
purchase, is the most recent owner of the property indicating that
the building meets the requirements of a vacant commercial space;
(2) Payroll records indicating, for each qualifying employee,
that the employee was employed for one year or longer at the
vacant commercial space;
(3) Quarterly reports of wage information submitted by the
employer to the department of job and family services pursuant to
section 4141.20 of the Revised Code indicating the employer's
qualifying employees and the employer's base employment threshold.
Upon receipt of an application, the director shall review the
application and attached materials and approve the application if,
to the director's satisfaction, the employer fulfills all the
grant requirements of this section, and if, in the judgement of
the director, the unencumbered balance in the facilities
establishment fund is sufficient to fund the amount of the grant.
Upon approval of a grant application, the director shall authorize
the award of the grant from the facilities establishment fund to
the employer. If the director finds that the unencumbered balance
in the facilities establishment fund is not sufficient to fund a
grant under this section and the grant applicant otherwise
qualifies, the director shall forward the application to the
director or chief executive of any entity authorized or charged by
law to perform job creation and other economic development
functions for this state.
Upon receipt of the application, the director or chief
executive of the entity shall authorize the award of the grant
from funds available to that entity from any portion of the
unencumbered funds available to the entity that may be used for
such purpose.
An employer receiving a grant under this section from the
facilities establishment fund must use the grant for the
acquisition, construction, enlargement, improvement, or equipment,
of property, structures, equipment, and facilities used by the
employer in business at the vacant commercial space occupied by
the employer.
(C) An employer may claim a grant under this section with
respect to a building, the construction of which is not complete,
only if the employer submits both of the following with the
employer's application:
(1) A copy of a certificate from the appropriate building
authority indicating that the building is at least eighty-five per
cent complete and that the building may lawfully be occupied;
(2) An affidavit from the person who owned the property at
the time construction discontinued indicating the date
construction discontinued.
Section 2. That existing section 166.03 of the Revised Code
is hereby repealed.
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