130th Ohio General Assembly
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Sub. H. B. No. 292  As Reported by the Senate State Government Oversight and Reform Committee
As Reported by the Senate State Government Oversight and Reform Committee

130th General Assembly
Regular Session
2013-2014
Sub. H. B. No. 292


Representative Perales 

Cosponsors: 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 



A BILL
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 the state.
(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 section.
(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 interests.
(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 members.
(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 Revised Code.
(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 the following:
(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 fund;
(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 region;
(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 expected savings;
(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 subdivisions;
(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 readiness;
(11) If applicable, whether the proposal provides the ability to accommodate contingency, mobilization, surge, and future total force increases;
(12) If applicable, the operational value of the project for military purposes;
(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 assistance.
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 members:
(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 academia;
(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 and closure.
(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.
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