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H. B. No. 218 As Reported by the House Economic Development and Regulatory Reform CommitteeAs Reported by the House Economic Development and Regulatory Reform Committee
130th General Assembly | Regular Session | 2013-2014 |
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Representatives Rosenberger, Dovilla
Cosponsors:
Representatives Scherer, Reece, Smith, Baker, Fedor, Buchy, Barnes, Burkley, Hagan, C.
A BILL
To amend sections 102.02 and 107.63 and to enact
section 107.631 of the Revised Code to require the
Small Business Advisory Council to establish an
entrepreneur in residence pilot program.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 102.02 and 107.63 be amended and
section 107.631 of the Revised Code be enacted to read as follows:
Sec. 102.02. (A) Except as otherwise provided in division
(H) of this section, all of the following shall file with the
appropriate ethics commission the disclosure statement described
in this division on a form prescribed by the appropriate
commission: every person who is elected to or is a candidate for a
state, county, or city office and every person who is appointed to
fill a vacancy for an unexpired term in such an elective office;
all members of the state board of education; the director,
assistant directors, deputy directors, division chiefs, or persons
of equivalent rank of any administrative department of the state;
the president or other chief administrative officer of every state
institution of higher education as defined in section 3345.011 of
the Revised Code; the executive director and the members of the
capitol square review and advisory board appointed or employed
pursuant to section 105.41 of the Revised Code; all members of the
Ohio casino control commission, the executive director of the
commission, all professional employees of the commission, and all
technical employees of the commission who perform an internal
audit function; the individuals set forth in division (B)(2) of
section 187.03 of the Revised Code; the chief executive officer
and the members of the board of each state retirement system; each
employee of a state retirement board who is a state retirement
system investment officer licensed pursuant to section 1707.163 of
the Revised Code; the members of the Ohio retirement study council
appointed pursuant to division (C) of section 171.01 of the
Revised Code; employees of the Ohio retirement study council,
other than employees who perform purely administrative or clerical
functions; the administrator of workers' compensation and each
member of the bureau of workers' compensation board of directors;
the bureau of workers' compensation director of investments; the
chief investment officer of the bureau of workers' compensation;
all members of the board of commissioners on grievances and
discipline of the supreme court and the ethics commission created
under section 102.05 of the Revised Code; every business manager,
treasurer, or superintendent of a city, local, exempted village,
joint vocational, or cooperative education school district or an
educational service center; every person who is elected to or is a
candidate for the office of member of a board of education of a
city, local, exempted village, joint vocational, or cooperative
education school district or of a governing board of an
educational service center that has a total student count of
twelve thousand or more as most recently determined by the
department of education pursuant to section 3317.03 of the Revised
Code; every person who is appointed to the board of education of a
municipal school district pursuant to division (B) or (F) of
section 3311.71 of the Revised Code; all members of the board of
directors of a sanitary district that is established under Chapter
6115. of the Revised Code and organized wholly for the purpose of
providing a water supply for domestic, municipal, and public use,
and that includes two municipal corporations in two counties;
every public official or employee who is paid a salary or wage in
accordance with schedule C of section 124.15 or schedule E-2 of
section 124.152 of the Revised Code; members of the board of
trustees and the executive director of the southern Ohio
agricultural and community development foundation; all members
appointed to the Ohio livestock care standards board under section
904.02 of the Revised Code; all entrepreneurs in residence
assigned by the small business advisory council under section
107.631 of the Revised Code; and every other public official or
employee who is designated by the appropriate ethics commission
pursuant to division (B) of this section.
The disclosure statement shall include all of the following:
(1) The name of the person filing the statement and each
member of the person's immediate family and all names under which
the person or members of the person's immediate family do
business;
(2)(a) Subject to divisions (A)(2)(b) and (c) of this section
and except as otherwise provided in section 102.022 of the Revised
Code, identification of every source of income, other than income
from a legislative agent identified in division (A)(2)(b) of this
section, received during the preceding calendar year, in the
person's own name or by any other person for the person's use or
benefit, by the person filing the statement, and a brief
description of the nature of the services for which the income was
received. If the person filing the statement is a member of the
general assembly, the statement shall identify the amount of every
source of income received in accordance with the following ranges
of amounts: zero or more, but less than one thousand dollars; one
thousand dollars or more, but less than ten thousand dollars; ten
thousand dollars or more, but less than twenty-five thousand
dollars; twenty-five thousand dollars or more, but less than fifty
thousand dollars; fifty thousand dollars or more, but less than
one hundred thousand dollars; and one hundred thousand dollars or
more. Division (A)(2)(a) of this section shall not be construed to
require a person filing the statement who derives income from a
business or profession to disclose the individual items of income
that constitute the gross income of that business or profession,
except for those individual items of income that are attributable
to the person's or, if the income is shared with the person, the
partner's, solicitation of services or goods or performance,
arrangement, or facilitation of services or provision of goods on
behalf of the business or profession of clients, including
corporate clients, who are legislative agents. A person who files
the statement under this section shall disclose the identity of
and the amount of income received from a person who the public
official or employee knows or has reason to know is doing or
seeking to do business of any kind with the public official's or
employee's agency.
(b) If the person filing the statement is a member of the
general assembly, the statement shall identify every source of
income and the amount of that income that was received from a
legislative agent during the preceding calendar year, in the
person's own name or by any other person for the person's use or
benefit, by the person filing the statement, and a brief
description of the nature of the services for which the income was
received. Division (A)(2)(b) of this section requires the
disclosure of clients of attorneys or persons licensed under
section 4732.12 of the Revised Code, or patients of persons
certified under section 4731.14 of the Revised Code, if those
clients or patients are legislative agents. Division (A)(2)(b) of
this section requires a person filing the statement who derives
income from a business or profession to disclose those individual
items of income that constitute the gross income of that business
or profession that are received from legislative agents.
(c) Except as otherwise provided in division (A)(2)(c) of
this section, division (A)(2)(a) of this section applies to
attorneys, physicians, and other persons who engage in the
practice of a profession and who, pursuant to a section of the
Revised Code, the common law of this state, a code of ethics
applicable to the profession, or otherwise, generally are required
not to reveal, disclose, or use confidences of clients, patients,
or other recipients of professional services except under
specified circumstances or generally are required to maintain
those types of confidences as privileged communications except
under specified circumstances. Division (A)(2)(a) of this section
does not require an attorney, physician, or other professional
subject to a confidentiality requirement as described in division
(A)(2)(c) of this section to disclose the name, other identity, or
address of a client, patient, or other recipient of professional
services if the disclosure would threaten the client, patient, or
other recipient of professional services, would reveal details of
the subject matter for which legal, medical, or professional
advice or other services were sought, or would reveal an otherwise
privileged communication involving the client, patient, or other
recipient of professional services. Division (A)(2)(a) of this
section does not require an attorney, physician, or other
professional subject to a confidentiality requirement as described
in division (A)(2)(c) of this section to disclose in the brief
description of the nature of services required by division
(A)(2)(a) of this section any information pertaining to specific
professional services rendered for a client, patient, or other
recipient of professional services that would reveal details of
the subject matter for which legal, medical, or professional
advice was sought or would reveal an otherwise privileged
communication involving the client, patient, or other recipient of
professional services.
(3) The name of every corporation on file with the secretary
of state that is incorporated in this state or holds a certificate
of compliance authorizing it to do business in this state, trust,
business trust, partnership, or association that transacts
business in this state in which the person filing the statement or
any other person for the person's use and benefit had during the
preceding calendar year an investment of over one thousand dollars
at fair market value as of the thirty-first day of December of the
preceding calendar year, or the date of disposition, whichever is
earlier, or in which the person holds any office or has a
fiduciary relationship, and a description of the nature of the
investment, office, or relationship. Division (A)(3) of this
section does not require disclosure of the name of any bank,
savings and loan association, credit union, or building and loan
association with which the person filing the statement has a
deposit or a withdrawable share account.
(4) All fee simple and leasehold interests to which the
person filing the statement holds legal title to or a beneficial
interest in real property located within the state, excluding the
person's residence and property used primarily for personal
recreation;
(5) The names of all persons residing or transacting business
in the state to whom the person filing the statement owes, in the
person's own name or in the name of any other person, more than
one thousand dollars. Division (A)(5) of this section shall not be
construed to require the disclosure of debts owed by the person
resulting from the ordinary conduct of a business or profession or
debts on the person's residence or real property used primarily
for personal recreation, except that the superintendent of
financial institutions shall disclose the names of all
state-chartered savings and loan associations and of all service
corporations subject to regulation under division (E)(2) of
section 1151.34 of the Revised Code to whom the superintendent in
the superintendent's own name or in the name of any other person
owes any money, and that the superintendent and any deputy
superintendent of banks shall disclose the names of all
state-chartered banks and all bank subsidiary corporations subject
to regulation under section 1109.44 of the Revised Code to whom
the superintendent or deputy superintendent owes any money.
(6) The names of all persons residing or transacting business
in the state, other than a depository excluded under division
(A)(3) of this section, who owe more than one thousand dollars to
the person filing the statement, either in the person's own name
or to any person for the person's use or benefit. Division (A)(6)
of this section shall not be construed to require the disclosure
of clients of attorneys or persons licensed under section 4732.12
or 4732.15 of the Revised Code, or patients of persons certified
under section 4731.14 of the Revised Code, nor the disclosure of
debts owed to the person resulting from the ordinary conduct of a
business or profession.
(7) Except as otherwise provided in section 102.022 of the
Revised Code, the source of each gift of over seventy-five
dollars, or of each gift of over twenty-five dollars received by a
member of the general assembly from a legislative agent, received
by the person in the person's own name or by any other person for
the person's use or benefit during the preceding calendar year,
except gifts received by will or by virtue of section 2105.06 of
the Revised Code, or received from spouses, parents, grandparents,
children, grandchildren, siblings, nephews, nieces, uncles, aunts,
brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law,
fathers-in-law, mothers-in-law, or any person to whom the person
filing the statement stands in loco parentis, or received by way
of distribution from any inter vivos or testamentary trust
established by a spouse or by an ancestor;
(8) Except as otherwise provided in section 102.022 of the
Revised Code, identification of the source and amount of every
payment of expenses incurred for travel to destinations inside or
outside this state that is received by the person in the person's
own name or by any other person for the person's use or benefit
and that is incurred in connection with the person's official
duties, except for expenses for travel to meetings or conventions
of a national or state organization to which any state agency,
including, but not limited to, any legislative agency or state
institution of higher education as defined in section 3345.011 of
the Revised Code, pays membership dues, or any political
subdivision or any office or agency of a political subdivision
pays membership dues;
(9) Except as otherwise provided in section 102.022 of the
Revised Code, identification of the source of payment of expenses
for meals and other food and beverages, other than for meals and
other food and beverages provided at a meeting at which the person
participated in a panel, seminar, or speaking engagement or at a
meeting or convention of a national or state organization to which
any state agency, including, but not limited to, any legislative
agency or state institution of higher education as defined in
section 3345.011 of the Revised Code, pays membership dues, or any
political subdivision or any office or agency of a political
subdivision pays membership dues, that are incurred in connection
with the person's official duties and that exceed one hundred
dollars aggregated per calendar year;
(10) If the disclosure statement is filed by a public
official or employee described in division (B)(2) of section
101.73 of the Revised Code or division (B)(2) of section 121.63 of
the Revised Code who receives a statement from a legislative
agent, executive agency lobbyist, or employer that contains the
information described in division (F)(2) of section 101.73 of the
Revised Code or division (G)(2) of section 121.63 of the Revised
Code, all of the nondisputed information contained in the
statement delivered to that public official or employee by the
legislative agent, executive agency lobbyist, or employer under
division (F)(2) of section 101.73 or (G)(2) of section 121.63 of
the Revised Code.
A person may file a statement required by this section in
person or by mail. A person who is a candidate for elective office
shall file the statement no later than the thirtieth day before
the primary, special, or general election at which the candidacy
is to be voted on, whichever election occurs soonest, except that
a person who is a write-in candidate shall file the statement no
later than the twentieth day before the earliest election at which
the person's candidacy is to be voted on. A person who holds
elective office shall file the statement on or before the
fifteenth day of April of each year unless the person is a
candidate for office. A person who is appointed to fill a vacancy
for an unexpired term in an elective office shall file the
statement within fifteen days after the person qualifies for
office. Other persons shall file an annual statement on or before
the fifteenth day of April or, if appointed or employed after that
date, within ninety days after appointment or employment. No
person shall be required to file with the appropriate ethics
commission more than one statement or pay more than one filing fee
for any one calendar year.
The appropriate ethics commission, for good cause, may extend
for a reasonable time the deadline for filing a statement under
this section.
A statement filed under this section is subject to public
inspection at locations designated by the appropriate ethics
commission except as otherwise provided in this section.
(B) The Ohio ethics commission, the joint legislative ethics
committee, and the board of commissioners on grievances and
discipline of the supreme court, using the rule-making procedures
of Chapter 119. of the Revised Code, may require any class of
public officials or employees under its jurisdiction and not
specifically excluded by this section whose positions involve a
substantial and material exercise of administrative discretion in
the formulation of public policy, expenditure of public funds,
enforcement of laws and rules of the state or a county or city, or
the execution of other public trusts, to file an annual statement
on or before the fifteenth day of April under division (A) of this
section. The appropriate ethics commission shall send the public
officials or employees written notice of the requirement by the
fifteenth day of February of each year the filing is required
unless the public official or employee is appointed after that
date, in which case the notice shall be sent within thirty days
after appointment, and the filing shall be made not later than
ninety days after appointment.
Except for disclosure statements filed by members of the
board of trustees and the executive director of the southern Ohio
agricultural and community development foundation, disclosure
statements filed under this division with the Ohio ethics
commission by members of boards, commissions, or bureaus of the
state for which no compensation is received other than reasonable
and necessary expenses shall be kept confidential. Disclosure
statements filed with the Ohio ethics commission under division
(A) of this section by business managers, treasurers, and
superintendents of city, local, exempted village, joint
vocational, or cooperative education school districts or
educational service centers shall be kept confidential, except
that any person conducting an audit of any such school district or
educational service center pursuant to section 115.56 or Chapter
117. of the Revised Code may examine the disclosure statement of
any business manager, treasurer, or superintendent of that school
district or educational service center. Disclosure statements
filed with the Ohio ethics commission under division (A) of this
section by the individuals set forth in division (B)(2) of section
187.03 of the Revised Code shall be kept confidential. The Ohio
ethics commission shall examine each disclosure statement required
to be kept confidential to determine whether a potential conflict
of interest exists for the person who filed the disclosure
statement. A potential conflict of interest exists if the private
interests of the person, as indicated by the person's disclosure
statement, might interfere with the public interests the person is
required to serve in the exercise of the person's authority and
duties in the person's office or position of employment. If the
commission determines that a potential conflict of interest
exists, it shall notify the person who filed the disclosure
statement and shall make the portions of the disclosure statement
that indicate a potential conflict of interest subject to public
inspection in the same manner as is provided for other disclosure
statements. Any portion of the disclosure statement that the
commission determines does not indicate a potential conflict of
interest shall be kept confidential by the commission and shall
not be made subject to public inspection, except as is necessary
for the enforcement of Chapters 102. and 2921. of the Revised Code
and except as otherwise provided in this division.
(C) No person shall knowingly fail to file, on or before the
applicable filing deadline established under this section, a
statement that is required by this section.
(D) No person shall knowingly file a false statement that is
required to be filed under this section.
(E)(1) Except as provided in divisions (E)(2) and (3) of this
section, the statement required by division (A) or (B) of this
section shall be accompanied by a filing fee of sixty dollars.
(2) The statement required by division (A) of this section
shall be accompanied by the following filing fee to be paid by the
person who is elected or appointed to, or is a candidate for, any
of the following offices:
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For state office, except member of the |
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state board of education |
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$95 |
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For office of member of general assembly |
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$40 |
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For county office |
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$60 |
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For city office |
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$35 |
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For office of member of the state board |
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of education |
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$35 |
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For office of member of a city, local, |
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exempted village, or cooperative |
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education board of |
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education or educational service |
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center governing board |
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$30 |
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For position of business manager, |
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treasurer, or superintendent of a |
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city, local, exempted village, joint |
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vocational, or cooperative education |
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school district or |
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educational service center |
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$30 |
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(3) No judge of a court of record or candidate for judge of a
court of record, and no referee or magistrate serving a court of
record, shall be required to pay the fee required under division
(E)(1) or (2) or (F) of this section.
(4) For any public official who is appointed to a nonelective
office of the state and for any employee who holds a nonelective
position in a public agency of the state, the state agency that is
the primary employer of the state official or employee shall pay
the fee required under division (E)(1) or (F) of this section.
(F) If a statement required to be filed under this section is
not filed by the date on which it is required to be filed, the
appropriate ethics commission shall assess the person required to
file the statement a late filing fee of ten dollars for each day
the statement is not filed, except that the total amount of the
late filing fee shall not exceed two hundred fifty dollars.
(G)(1) The appropriate ethics commission other than the Ohio
ethics commission and the joint legislative ethics committee shall
deposit all fees it receives under divisions (E) and (F) of this
section into the general revenue fund of the state.
(2) The Ohio ethics commission shall deposit all receipts,
including, but not limited to, fees it receives under divisions
(E) and (F) of this section, investigative or other fees, costs,
or other funds it receives as a result of court orders, and all
moneys it receives from settlements under division (G) of section
102.06 of the Revised Code, into the Ohio ethics commission fund,
which is hereby created in the state treasury. All moneys credited
to the fund shall be used solely for expenses related to the
operation and statutory functions of the commission.
(3) The joint legislative ethics committee shall deposit all
receipts it receives from the payment of financial disclosure
statement filing fees under divisions (E) and (F) of this section
into the joint legislative ethics committee investigative fund.
(H) Division (A) of this section does not apply to a person
elected or appointed to the office of precinct, ward, or district
committee member under Chapter 3517. of the Revised Code; a
presidential elector; a delegate to a national convention; village
or township officials and employees; any physician or psychiatrist
who is paid a salary or wage in accordance with schedule C of
section 124.15 or schedule E-2 of section 124.152 of the Revised
Code and whose primary duties do not require the exercise of
administrative discretion; or any member of a board, commission,
or bureau of any county or city who receives less than one
thousand dollars per year for serving in that position.
Sec. 107.63. As used in this section and in section 107.631
of the Revised Code, "small business" means an independently owned
and operated for-profit or nonprofit business entity, including
affiliates, that has fewer than five hundred full time employees
or gross annual sales of less than six million dollars, and has
operations located in the state.
The small business advisory council is established in the
office of the governor. The council shall advise the governor, the
lieutenant governor, and the common sense initiative office on the
adverse impact draft rules might have on small businesses. The
council shall meet at least quarterly.
The council consists of nine members. The governor, or the
person to whom the governor has delegated responsibilities for the
common sense initiative office under section 107.61 of the Revised
Code, shall appoint five members, the president of the senate
shall appoint two members, and the speaker of the house of
representatives shall appoint two members. A member serves at the
pleasure of the member's appointing authority. The appointing
authorities shall consult with each other and appoint only
individuals who are representative of small businesses, and shall
do so in such a manner that the membership of the council is
composed of representatives of small businesses that are of
different sizes, engaged in different lines of business, and
located in different parts of the state.
Sec. 107.631. (A) The small business advisory council shall
establish and operate an entrepreneur in residence pilot program.
The mission of the entrepreneur in residence pilot program is to
provide for better outreach by state government to small
businesses, to strengthen coordination and interaction between
state government and small businesses, and to make state
government programs and functions simpler, easier to access, more
efficient, and more responsive to the needs of small businesses.
(B) Not later than the first day of the seventh month after
the effective date of this section, the council shall do both of
the following:
(1) Select not fewer than three nor more than five state
agencies that have programs or perform functions affecting small
businesses to participate in the entrepreneur in residence pilot
program; and
(2) Assign only one entrepreneur in residence to each state
agency that is participating in the entrepreneurs in residence
pilot program.
The council shall assign entrepreneurs in residence from
among individuals who are representative of small businesses, and
who are successful in their fields.
The assignment of an entrepreneur in residence is for one
year after the date on which the entrepreneur in residence is
assigned to a state agency.
The council shall monitor the work of entrepreneurs in
residence during the pilot program. A state agency shall cooperate
with the council to facilitate this monitoring.
An entrepreneur in residence serves at the pleasure of the
director of the state agency to which the entrepreneur in
residence has been assigned, and the director may discharge
without cause the entrepreneur in residence. The council may
reassign an entrepreneur in residence who has been discharged to
another state agency, to serve for the remainder of the
entrepreneur in residence's service year.
(C) An entrepreneur in residence shall do all of the
following:
(1) Facilitate meetings or forums to educate small business
owners and operators about the programs or functions of the state
agency that affect small businesses;
(2) Facilitate in-service sessions with employees of the
state agency on issues of concern to small business owners and
operators;
(3) Advise the state agency on how its programs and functions
that affect small businesses might be improved to further the
mission of the entrepreneur in residence pilot program;
(4) Provide technical assistance or mentorships to small
businesses in accessing the programs or functions of the state
agency that affect small businesses; and
(5) Do any other things that further the mission of the
entrepreneur in residence pilot program.
(D) An entrepreneur in residence shall report directly to the
director or other head of the state agency.
An entrepreneur in residence is not entitled to compensation,
but is entitled to reimbursement from the state agency of the
actual and necessary expenses the entrepreneur in residence incurs
in discharge of the entrepreneur in residence's duties.
(E)(1) Not later than the date that is one year after an
entrepreneur in residence was assigned to a state agency, the
entrepreneur in residence shall prepare a report about the state
agency. In the report, the entrepreneur in residence shall make
recommendations to the state agency that furthers the mission of
the entrepreneur in residence program. In particular, the
entrepreneur in residence shall make recommendations to the state
agency regarding all of the following:
(a) Elimination of inefficient or duplicative programs or
functions of the state agency that affect small businesses;
(b) Methods of improving the efficiency of the programs or
functions of the state agency that affect small businesses;
(c) Any new program or function affecting small businesses
that should be established and implemented by the state agency;
and
(d) Any other matter that will further the mission of the
entrepreneur in residence pilot program.
The entrepreneur in residence shall provide a copy of the
report to the council and to the state agency.
(2) During or upon conclusion of the entrepreneur in
residence pilot program, the council may convene an informal
working group of entrepreneurs in residence to discuss best
practices, experiences, and opportunities for and obstacles to
operating small businesses as well as the recommendations in the
reports prepared by the entrepreneurs in residence.
(F) Upon conclusion of the entrepreneur in residence pilot
program, and after considering the reports of the entrepreneurs in
residence and information learned from any informal working group,
the council shall prepare a report on the entrepreneur in
residence pilot program. In the report, the council shall
recommend whether the entrepreneur in residence pilot program
should be repeated with or without modifications, made permanent
with or without modifications, or abandoned. The council shall
append the reports of the entrepreneurs in residence to its
report. If the pilot program is repeated or made permanent, an
individual who previously was assigned as an entrepreneur in
residence shall not be reassigned as an entrepreneur in residence.
The council shall provide a copy of its report to the common
sense initiative office. The office promptly shall transmit a copy
of the report to the officials designated in the last paragraph of
section 107.55 of the Revised Code.
Section 2. That existing sections 102.02 and 107.63 of the
Revised Code are hereby repealed.
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