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Sub. H. B. No. 292 As Reported by the Senate State Government Oversight and Reform CommitteeAs Reported by the Senate State Government Oversight and Reform Committee
|130th General Assembly|
Representatives Grossman, Rosenberger, Fedor, Landis, Baker, Rogers, Sheehy, Blair, Stebelton, Foley, Butler, Barnes, Burkley, Driehaus, Hagan, C., Henne, Williams, Adams, R., Amstutz, Anielski, Antonio, Beck, Bishoff, Blessing, Boose, Boyce, Brown, Buchy, Carney, Celebrezze, Clyde, Conditt, Derickson, DeVitis, Dovilla, Duffey, Gerberry, Gonzales, Green, Hackett, Hayes, Huffman, Kunze, Letson, Lundy, McClain, McGregor, Milkovich, O'Brien, Patterson, Pelanda, Pillich, Ramos, Retherford, Roegner, Romanchuk, Ruhl, Scherer, Schuring, Slesnick, Strahorn, Terhar, Thompson, Winburn, Young Speaker Batchelder
Senators Bacon, LaRose, Uecker, Smith, Brown
To enact sections 193.01, 193.02, 193.03, 193.04,
193.05, 193.07, 193.09, 193.11, 193.13, and 193.15
of the Revised Code to create the Federal-Military
Jobs Commission to provide financial assistance to
federal-military projects and private sector job
creation projects associated with federal-military
purposes and to create the Ohio Aerospace and
Aviation Technology Committee.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 193.01, 193.02, 193.03, 193.04,
193.05, 193.07, 193.09, 193.11, 193.13, and 193.15 of the Revised
Code be enacted to read as follows:
Sec. 193.01. As used in this chapter:
(A) "Allowable costs" means all or part of the costs approved
by the federal-military jobs commission.
(B) "Eligible federal-military project" means a project and
its associated public and private sector investment, the operation
of which, alone, or in conjunction with other investments, will
create new jobs or preserve existing jobs and employment
opportunities and improve the economic welfare of the people of
(C) "Governmental action" means any action by a government
agency relating to the establishment, development, or operation of
an eligible federal-military project and project facilities that
the government agency has authority to take or provide for the
purpose under law.
(D) "Government agency" means the following:
(1) The state and any state department, division, commission,
institution, or authority;
(2) A state-wide elected official;
(3) A municipal corporation, county, or township of the
state, or any agency thereof;
(4) Any other political subdivision or public corporation or
the United States or any agency thereof;
(5) Any agency, commission, or authority established pursuant
to an interstate compact or agreement;
(6) Any combination of divisions (D)(1) to (5) of this
(E) "Project facilities" means projects as defined by the
commission that comprise all or part of, or serve or are
incidental to, an eligible federal-military project.
(F) "Property" means real and personal property and
(G) "Regional economic development entity" means an entity
that is under contract with the federal-military jobs commission
to administer financial assistance under this chapter in a
particular area of this state, or the government agency designated
by the federal-military jobs commission to administer financial
assistance on its behalf under this chapter.
Sec. 193.02. The general assembly finds that the presence
and stability of federal-military installations within the state
creates new jobs or preserves existing jobs and employment
opportunities and improves the economic welfare of the people of
the state and materially contributes to regional economic
stability in the area of their locations. Therefore, it is
declared to be the public policy of the state, through the
operations of this chapter and other applicable laws adopted
pursuant to Section 13 of Article VIII, Ohio Constitution, and
other authority vested in the general assembly, to assist in and
facilitate the establishment or development of eligible
federal-military projects and assist and cooperate with any
government agency in achieving such purpose.
Sec. 193.03. There is hereby created the federal-military
jobs program to be administered by the federal-military jobs
commission established in section 193.04 of the Revised Code. The
program shall enhance, foster, and aid job creation and job
preservation in connection with eligible federal-military projects
in accordance with this chapter.
Sec. 193.04. (A) There is hereby created the
federal-military jobs commission to develop and maintain an
ongoing strategy for retention and growth of federal-military jobs
and associated private sector jobs in the state. The commission
shall establish criteria for and make available financial
assistance for eligible federal-military projects and take such
other actions as necessary to implement the federal-military jobs
program established in section 193.03 of the Revised Code.
(B) The commission shall consist of the following members:
(1) Three members appointed by the president of the senate,
one of which is recommended by the minority leader of the senate;
(2) Three members appointed by the speaker of the house of
representatives, one of which is recommended by the minority
leader of the house of representatives;
(3) Three members appointed by the governor.
(C)(1) Initial appointments to the commission shall be made
not later than September 1, 2014. Of the initial appointees made
by the governor, one shall serve an initial term of one year, one
shall serve an initial term of two years, and one shall serve an
initial term of three years. Thereafter, each member appointed by
the governor shall serve a three-year term. The members appointed
by the speaker and president shall serve three-year terms.
(2) Appointments made by the governor shall require
confirmation of the senate. Members may be reappointed to the
commission. Vacancies on the commission shall be filled in the
same manner as the original appointments.
(3) Members serve at the pleasure of, and may be removed for
just cause by, the member's appointing authority.
(D) The first person appointed by the president of the senate
shall schedule the first meeting of the commission. At the first
meeting, the commission shall select a chairperson from among its
members. After the first meeting, the commission shall meet at
least once during each quarter at the call of the chairperson or
upon the request of a majority of the commission's members. A
majority of the commission constitutes a quorum, and no action
shall be taken without the concurrence of a majority of the
(E) The treasurer of state shall provide administrative
assistance to the commission, including office space and
facilities for the commission.
(F) The commission shall administer any money that may be
appropriated to it by the general assembly, and the treasurer of
state may pay expenses related to the commission, which shall be
reimbursed from the federal-military jobs fund.
(G) The treasurer of state may adopt rules under Chapter 119.
of the Revised Code to implement this chapter, which rules shall
be consistent with rules adopted under division (D) of section
193.05 of the Revised Code.
(H) Commission members shall serve without compensation, but
shall be reimbursed for actual and necessary expenses incurred in
the performance of commission duties.
(I) Members of the commission shall file financial disclosure
statements described in division (B) of section 102.02 of the
(J) The attorney general shall serve as the legal
representative for the commission and may appoint special counsel
as necessary for that purpose in accordance with section 109.07 of
the Revised Code.
Sec. 193.05. (A) The federal-military jobs commission shall
be responsible for the furtherance and implementation of
federal-military installation jobs and investment programs under
this chapter. The federal-military jobs commission may do any of
(1) After consultation with appropriate government agencies,
make agreements for governmental actions, as authorized by this
chapter and other applicable laws, which actions shall be subject
to any required actions by the general assembly or the controlling
board and subject to applicable local government ordinances,
resolutions, and regulations;
(2) Receive and accept from any person grants, gifts, and
contributions of money, property, labor, and other things of
value, to be held, used, and applied only for the purpose for
which such grants, gifts, and contributions are made, which, if
applicable, shall be deposited into the federal-military jobs
(3) Provide financial assistance with moneys from the
federal-military jobs fund in accordance with commission rules
adopted under division (D) of this section;
(4) Enter into appropriate arrangements with any government
agency, under which the government agency may take or provide for
any governmental action;
(5) Perform all other acts and enter into contracts and
execute all instruments necessary or appropriate to carry out the
provisions of this chapter;
(6) Adopt internal rules and policies to implement any of the
provisions of this chapter applicable to the commission.
(B) Except as otherwise prescribed in this chapter, all
expenses incurred by the commission in carrying out the
commission's powers and in exercising the commission's duties
under this chapter, shall be payable solely from, as appropriate,
moneys in the federal-military jobs fund. This chapter does not
authorize the commission to incur bonded indebtedness of the state
or any political subdivision thereof, or to obligate or pledge
moneys raised by taxation for the payment of any guarantees made
pursuant to this chapter.
(C) Any government agency may enter into an agreement with
the commission, any other government agency, or a person to be
assisted under this chapter, to take or provide for the purposes
of this chapter any governmental action it is authorized to take
or provide under this chapter. Any government agency may
undertake, on behalf and at the request of the commission, any
action which the commission is authorized to undertake pursuant to
division (A)(1) of this section. Government agencies of the state
shall cooperate with and provide assistance to the commission and
the controlling board in the exercise of their respective
functions under this chapter.
(D) The commission shall adopt rules specifying the types of
financial assistance that may be offered under this chapter.
Sec. 193.07. (A)(1) There is hereby created in the state
treasury the federal-military jobs fund. The fund shall consist of
moneys appropriated to it by the general assembly, repayments of
principal and interest on financial assistance made from the fund,
and any grants or donations received from nonpublic entities.
(2) Interest earned on the money in the federal-military jobs
fund shall be credited to the fund.
(B) Funds for financial assistance authorized by, or powers
exercised by, the federal-military jobs commission, including
incidental administrative costs and expenses, shall be made from
the federal-military jobs fund.
Sec. 193.09. (A) Applications describing proposals for
financial assistance under the federal-military jobs program shall
be submitted to the federal-military jobs commission. The
commission may designate regional economic development entities
for technical or administrative assistance with the application
process. The commission shall award financial assistance under the
program in accordance with criteria developed by the commission.
(B) Not later than January 31, 2015, the commission shall
establish criteria for evaluating proposals and awarding financial
assistance for eligible federal-military projects. The criteria
for evaluating proposals may include the following provisions:
(1) The total number of jobs created or preserved;
(2) The expected impact on employment in the surrounding
(3) The expressed support from the applicable federal agency
with respect to the eligible federal-military project;
(4) The expected return on investment, based on the ratio of
(5) The number of participating entities in the proposal;
(6) The probability of the proposal's success;
(7) The percentage of local matching funds available;
(8) The ability to replicate the proposal in other political
(9) Whether the proposal is part of a larger consolidation
effort by the applicant or applicants;
(10) If applicable, the federal or military value of the
proposal, which may provide in whole or in part, current and
future mission capabilities and the impact on operational
(11) If applicable, whether the proposal provides the ability
to accommodate contingency, mobilization, surge, and future total
(12) If applicable, the operational value of the project for
(13) A recommendation from JobsOhio on return on investment
for the state.
Sec. 193.11. The federal-military jobs commission shall, in
exercising its powers and duties, develop and implement plans for
encouraging local support for the purposes of the federal-military
jobs program under this chapter and for each eligible
federal-military project for which it provides financial
Sec. 193.13. Not later than the thirty-first day of January
of each year, the federal-military jobs commission shall submit a
report to the governor, the president and minority leader of the
senate, and the speaker and minority leader of the house of
representatives that outlines the commission's activities for the
preceding year. The report shall include a listing of recipients
of financial assistance, if any, the amount of such financial
assistance, and any other information about the federal-military
jobs program that the commission determines necessary to include
in the report.
Sec. 193.15. (A) There is hereby created the Ohio aerospace
and aviation technology committee, consisting of the following
(1) Three members of the senate, appointed by the president
of the senate, not more than two of whom may be members of the
same political party;
(2) Three members of the house of representatives, appointed
by the speaker of the house of representatives, not more than two
of whom may be members of the same political party;
(3) Fifteen members representing the aviation, aerospace, or
technology industry, the military, or academia. One such member
shall be appointed by the governor, and fourteen such members
shall be appointed by majority vote of the six members
representing the senate and house of representatives.
The legislative members of the committee shall be appointed
not later than September 1, 2014, and the remaining members shall
be appointed within ten days thereafter. The initial term of all
members shall end on December 31, 2016. Thereafter, the term of
all members shall end on the thirty-first day of December of the
year following the year of appointment. Vacancies shall be filled
in the manner of the original appointment.
The first legislator appointed to the committee by the
speaker of the house of representatives after the effective date
of H.B. 292 of the 130th general assembly shall serve as the first
chairperson of the committee and shall serve until December 31,
2016. Every general assembly thereafter, the chairperson shall
alternate between the first legislator appointed by the president
of the senate and the first legislator appointed by the speaker of
the house of representatives.
(B) The duties of the committee shall include, but are not
limited to, all of the following:
(1) Advising the federal-military jobs commission on matters
related to a statewide strategy to maintain and grow jobs in the
areas of aviation, aerospace, and technology;
(2) Studying and developing comprehensive strategies to
promote the aviation, aerospace, and technology industry
throughout the state, including through the commercialization of
aviation, aerospace, and technology products and ideas;
(3) Encouraging communication and resource-sharing among
individuals and organizations involved in the aviation, aerospace,
and technology industry, including business, the military, and
(4) Promoting research and development in the aviation,
aerospace, and technology industry, including research and
development of unmanned aerial vehicles;
(5) Providing assistance related to military base realignment
(C) The Ohio aerospace and aviation council shall serve as an
advisory council to the committee.
(D) The committee shall compile an annual report of its
activities, findings, and recommendations and shall furnish a copy
of the report to the governor, president of the senate, and
speaker of the house of representatives not later than the first
day of July of each year.
Section 2. The President of the Senate and the Speaker of the
House of Representatives shall appoint initial legislative members
of the Ohio Aerospace and Aviation Technology Committee on or
before thirty days after the effective date of this act, and the
legislative members of the Committee shall meet and appoint the
remaining members of the Committee on or before thirty days
thereafter. The term of all members so appointed shall end on the
last day of the 130th General Assembly.