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Sub. H. B. No. 486 As Reported by the Senate Finance CommitteeAs Reported by the Senate Finance Committee
130th General Assembly | Regular Session | 2013-2014 |
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Representatives Baker, Stebelton
Cosponsors:
Representatives Adams, R., Anielski, Antonio, Beck, Blessing, Boose, Brown, Buchy, Burkley, Carney, Damschroder, Derickson, Dovilla, Duffey, Hackett, Hagan, C., Hayes, Henne, Landis, McClain, McGregor, Perales, Romanchuk, Rosenberger, Ruhl, Scherer, Schuring, Smith, Sprague, Stebelton, Stinziano, Terhar, Wachtmann Speaker Batchelder
Senator LaRose
A BILL To amend sections 121.08, 122.136, 122.21, 122.25,
122.37, 122.64, 122.89, 122.94, 122.941, 149.311,
150.10, 166.13, 166.18, 184.02, 1551.34, 2329.66,
3731.02, and 4740.06 and to enact sections 107.35,
143.01 to 143.11, 3333.91, and 6301.11 of the
Revised Code to revise the coordination of
workforce development and economic development
programs; to synchronize the due dates of several
reports due from the Development Services Agency,
the Ohio Venture Capital Authority, and the Third
Frontier Commission; to create the Volunteer
Police Officers' Dependents Fund to provide death
benefits to survivors of volunteer police officers
killed in the line of duty and disability benefits
to disabled volunteer police officers; to revise
the law regarding innovation financial assistance
and research and development financial assistance;
to require the Department of Job and Family
Services to consult with the Governor's executive
workforce board and create a list of in-demand
jobs in this state; and to permit the Director of
Commerce, the State Fire Marshal, and the Ohio
Construction Industry Licensing Board to establish
compliance incentive programs.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 121.08, 122.136, 122.21, 122.25,
122.37, 122.64, 122.89, 122.94, 122.941, 149.311, 150.10, 166.13,
166.18, 184.02, 1551.34, 2329.66, 3731.02, and 4740.06 be amended
and sections 107.35, 143.01, 143.02, 143.03, 143.04, 143.05,
143.06, 143.07, 143.08, 143.09, 143.10, 143.11, 3333.91, and
6301.11 of the Revised Code be enacted to read as follows:
Sec. 107.35. Not later than December 31, 2014, the
governor's office of workforce transformation, with staff support
and assistance from the departments of job and family services and
education and the Ohio board of regents, shall establish criteria
to use for evaluating the performance of state and local workforce
programs using basic, aligned workforce measures related to system
efficiency and effectiveness. The office shall develop and make
available on the internet through a web site a public dashboard to
display metrics regarding the state's administration of primary
workforce programs, including the following programs:
(A) The adult basic and literacy education program;
(B) Programs administered under the federal "Carl D. Perkins
Career and Technical Education Act of 2006," 120 Stat. 683, 20
U.S.C. 2301 et seq., as amended;
(C) State aid and scholarships within the Ohio board of
regents;
(D) Programs administered under title I of the federal
"Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C. 2801
et seq., as amended.
Sec. 121.08. (A) There is hereby created in the department
of commerce the position of deputy director of administration.
This officer shall be appointed by the director of commerce, serve
under the director's direction, supervision, and control, perform
the duties the director prescribes, and hold office during the
director's pleasure. The director of commerce may designate an
assistant director of commerce to serve as the deputy director of
administration. The deputy director of administration shall
perform the duties prescribed by the director of commerce in
supervising the activities of the division of administration of
the department of commerce.
(B) Except as provided in section 121.07 of the Revised Code,
the department of commerce shall have all powers and perform all
duties vested in the deputy director of administration, the state
fire marshal, the superintendent of financial institutions, the
superintendent of real estate and professional licensing, the
superintendent of liquor control, the superintendent of industrial
compliance, the superintendent of unclaimed funds, and the
commissioner of securities, and shall have all powers and perform
all duties vested by law in all officers, deputies, and employees
of those offices. Except as provided in section 121.07 of the
Revised Code, wherever powers are conferred or duties imposed upon
any of those officers, the powers and duties shall be construed as
vested in the department of commerce.
(C)(1) There is hereby created in the department of commerce
a division of financial institutions, which shall have all powers
and perform all duties vested by law in the superintendent of
financial institutions. Wherever powers are conferred or duties
imposed upon the superintendent of financial institutions, those
powers and duties shall be construed as vested in the division of
financial institutions. The division of financial institutions
shall be administered by the superintendent of financial
institutions.
(2) All provisions of law governing the superintendent of
financial institutions shall apply to and govern the
superintendent of financial institutions provided for in this
section; all authority vested by law in the superintendent of
financial institutions with respect to the management of the
division of financial institutions shall be construed as vested in
the superintendent of financial institutions created by this
section with respect to the division of financial institutions
provided for in this section; and all rights, privileges, and
emoluments conferred by law upon the superintendent of financial
institutions shall be construed as conferred upon the
superintendent of financial institutions as head of the division
of financial institutions. The director of commerce shall not
transfer from the division of financial institutions any of the
functions specified in division (C)(2) of this section.
(D) There is hereby created in the department of commerce a
division of liquor control, which shall have all powers and
perform all duties vested by law in the superintendent of liquor
control. Wherever powers are conferred or duties are imposed upon
the superintendent of liquor control, those powers and duties
shall be construed as vested in the division of liquor control.
The division of liquor control shall be administered by the
superintendent of liquor control.
(E) The director of commerce shall not be interested,
directly or indirectly, in any firm or corporation which is a
dealer in securities as defined in sections 1707.01 and 1707.14 of
the Revised Code, or in any firm or corporation licensed under
sections 1321.01 to 1321.19 of the Revised Code.
(F) The director of commerce shall not have any official
connection with a savings and loan association, a savings bank, a
bank, a bank holding company, a savings and loan association
holding company, a consumer finance company, or a credit union
that is under the supervision of the division of financial
institutions, or a subsidiary of any of the preceding entities, or
be interested in the business thereof.
(G) There is hereby created in the state treasury the
division of administration fund. The fund shall receive
assessments on the operating funds of the department of commerce
in accordance with procedures prescribed by the director of
commerce and approved by the director of budget and management.
All operating expenses of the division of administration shall be
paid from the division of administration fund.
(H) There is hereby created in the department of commerce a
division of real estate and professional licensing, which shall be
under the control and supervision of the director of commerce. The
division of real estate and professional licensing shall be
administered by the superintendent of real estate and professional
licensing. The superintendent of real estate and professional
licensing shall exercise the powers and perform the functions and
duties delegated to the superintendent under Chapters 4735.,
4763., and 4767. of the Revised Code.
(I) There is hereby created in the department of commerce a
division of industrial compliance, which shall have all powers and
perform all duties vested by law in the superintendent of
industrial compliance. Wherever powers are conferred or duties
imposed upon the superintendent of industrial compliance, those
powers and duties shall be construed as vested in the division of
industrial compliance. The division of industrial compliance shall
be under the control and supervision of the director of commerce
and be administered by the superintendent of industrial
compliance.
(J) There is hereby created in the department of commerce a
division of unclaimed funds, which shall have all powers and
perform all duties delegated to or vested by law in the
superintendent of unclaimed funds. Wherever powers are conferred
or duties imposed upon the superintendent of unclaimed funds,
those powers and duties shall be construed as vested in the
division of unclaimed funds. The division of unclaimed funds shall
be under the control and supervision of the director of commerce
and shall be administered by the superintendent of unclaimed
funds. The superintendent of unclaimed funds shall exercise the
powers and perform the functions and duties delegated to the
superintendent by the director of commerce under section 121.07
and Chapter 169. of the Revised Code, and as may otherwise be
provided by law.
(K) The department of commerce or a division of the
department created by the Revised Code that is acting with
authorization on the department's behalf may request from the
bureau of criminal identification and investigation pursuant to
section 109.572 of the Revised Code, or coordinate with
appropriate federal, state, and local government agencies to
accomplish, criminal records checks for the persons whose
identities are required to be disclosed by an applicant for the
issuance or transfer of a permit, license, certificate of
registration, or certification issued or transferred by the
department or division. At or before the time of making a request
for a criminal records check, the department or division may
require any person whose identity is required to be disclosed by
an applicant for the issuance or transfer of such a license,
permit, certificate of registration, or certification to submit to
the department or division valid fingerprint impressions in a
format and by any media or means acceptable to the bureau of
criminal identification and investigation and, when applicable,
the federal bureau of investigation. The department or division
may cause the bureau of criminal identification and investigation
to conduct a criminal records check through the federal bureau of
investigation only if the person for whom the criminal records
check would be conducted resides or works outside of this state or
has resided or worked outside of this state during the preceding
five years, or if a criminal records check conducted by the bureau
of criminal identification and investigation within this state
indicates that the person may have a criminal record outside of
this state.
In the case of a criminal records check under section 109.572
of the Revised Code, the department or division shall forward to
the bureau of criminal identification and investigation the
requisite form, fingerprint impressions, and fee described in
division (C) of that section. When requested by the department or
division in accordance with this section, the bureau of criminal
identification and investigation shall request from the federal
bureau of investigation any information it has with respect to the
person who is the subject of the requested criminal records check
and shall forward the requisite fingerprint impressions and
information to the federal bureau of investigation for that
criminal records check. After conducting a criminal records check
or receiving the results of a criminal records check from the
federal bureau of investigation, the bureau of criminal
identification and investigation shall provide the results to the
department or division.
The department or division may require any person about whom
a criminal records check is requested to pay to the department or
division the amount necessary to cover the fee charged to the
department or division by the bureau of criminal identification
and investigation under division (C)(3) of section 109.572 of the
Revised Code, including, when applicable, any fee for a criminal
records check conducted by the federal bureau of investigation.
(L) The director of commerce, or the director's designee, may
adopt rules to enhance compliance with statutes pertaining to, and
rules adopted by, divisions under the direction, supervision, and
control of the department or director by offering incentive-based
programs that ensure safety and soundness while promoting growth
and prosperity in the state.
Sec. 122.136. The director of development services shall
prepare and submit a report to the governor and the general
assembly annually on or before the first day of February August of
the services and activities of the employee ownership assistance
program for the preceding calendar year. The director shall
include in the report information regarding the number, names, and
locations of business establishments that have been or likely will
be assisted as employee-owned corporations; recommendations on how
to better operate the program; information regarding the
effectiveness of the program in maintaining and improving
employment in the state; and the number of individuals affected by
the activities of the program.
Sec. 122.21. In administering the urban and rural initiative
grant program created under section 122.20 of the Revised Code,
the director of development services shall do all of the
following:
(A) Annually designate, by the first day of January of each
year, the entities that constitute the eligible areas in this
state;
(B) Adopt rules in accordance with Chapter 119. of the
Revised Code establishing procedures and forms by which eligible
applicants in eligible areas may apply for a grant, which
procedures shall include a requirement that the applicant file a
redevelopment plan; standards and procedures for reviewing
applications and awarding grants; procedures for distributing
grants to recipients; procedures for monitoring the use of grants
by recipients; requirements, procedures, and forms by which
recipients who have received grants shall report their use of that
assistance; and standards and procedures for terminating and
requiring repayment of grants in the event of their improper use.
The rules adopted under this division shall comply with sections
122.19 to 122.22 of the Revised Code and shall include a rule
requiring that an eligible applicant who receives a grant from the
program provide a matching contribution of at least twenty-five
per cent of the amount of the grant awarded to the eligible
applicant.
The rules shall require that any eligible applicant for a
grant for land acquisition demonstrate to the director that the
property to be acquired meets all state environmental requirements
and that utilities for that property are available and adequate.
The rules shall require that any eligible applicant for a grant
for property eligible for the voluntary action program created
under Chapter 3746. of the Revised Code receive disbursement of
grant moneys only after receiving a covenant not to sue from the
director of environmental protection under section 3746.12 of the
Revised Code and shall require that those moneys be disbursed only
as reimbursement of actual expenses incurred in the undertaking of
the voluntary action. The rules shall require that whenever any
money is granted for land acquisition, infrastructure
improvements, or renovation of existing structures in order to
develop an industrial park site for a distressed area, labor
surplus area, or situational distress area as defined in section
122.19 of the Revised Code that also is a distressed area, labor
surplus area, or situational distress area as defined in section
122.23 of the Revised Code, a substantial portion of the site be
used for manufacturing, distribution, high technology, research
and development, or other businesses in which a majority of the
product or service produced is exported out of the state. Any
retail use at the site shall not constitute a primary use but only
a use incidental to other eligible uses. The rules shall require
that whenever any money is granted for land acquisition,
infrastructure improvements, and renovation of existing structures
in order to develop an industrial park site for a distressed area,
labor surplus area, or situational distress area as defined in
section 122.19 of the Revised Code that also is a distressed area,
labor surplus area, or situational distress area as defined in
section 122.23 of the Revised Code, the applicant for the grant
shall verify to the
department of development services agency the
existence of a local economic development planning committee in a
municipal corporation, county, or township whose territory
includes the eligible area. The committee shall consist of members
of the public and private sectors who live in that municipal
corporation, county, or township. The local economic development
planning committee shall prepare and submit to the department
agency a five-year economic development plan for that municipal
corporation, county, or township that identifies, for the
five-year period covered by the plan, the economic development
strategies of a municipal corporation, county, or township whose
territory includes the proposed industrial park site. The economic
development plan shall describe in detail how the proposed
industrial park would complement other current or planned economic
development programs for that municipal corporation, county, or
township, including, but not limited to, workforce development
initiatives, business retention and expansion efforts, small
business development programs, and technology modernization
programs.
(C) Report to the governor, president of the senate, speaker
of the house of representatives, and minority leaders of the
senate and the house of representatives by the thirtieth first day
of June August of each year on the activities carried out under
the program during the preceding calendar year. The report shall
include the total number of grants made that year, and, for each
individual grant awarded, the following: the amount and recipient,
the eligible applicant, the purpose for awarding the grant, the
number of firms or businesses operating at the awarded site, the
number of employees employed by each firm or business, any excess
capacity at an industrial park site, and any additional
information the director declares to be relevant.
(D) Inform local governments and others in the state of the
availability of grants under section 122.20 of the Revised Code;
(E) Annually compile, pursuant to rules adopted by the
director of development services in accordance with Chapter 119.
of the Revised Code, using pertinent information submitted by any
municipal corporation, county, or township, a list of industrial
parks located in the state. The list shall include the following
information, expressed if possible in terms specified in the
director's rules adopted under this division: location of each
industrial park site, total acreage of each park site, total
occupancy of each park site, total capacity for new business at
each park site, total capacity of each park site for sewer, water,
and electricity, a contact person for each park site, and any
additional information the director declares to be relevant. Once
the list is compiled, the director shall make it available to the
governor, president of the senate, speaker of the house of
representatives, and minority leaders of the senate and the house
of representatives.
Sec. 122.25. (A) In administering the program established
under section 122.24 of the Revised Code, the director of
development services shall do all of the following:
(1) Annually designate, by the first day of January of each
year, the entities that constitute the eligible areas in this
state as defined in section 122.23 of the Revised Code;
(2) Inform local governments and others in the state of the
availability of the program and financial assistance established
under sections 122.23 to 122.27 of the Revised Code;
(3) Report to the governor, president of the senate, speaker
of the house of representatives, and minority leaders of the
senate and the house of representatives by the
thirtieth first day
of
June August of each year on the activities carried out under
the program during the preceding calendar year. The report shall
include the number of loans made that year and the amount and
recipient of each loan.
(4) Work in conjunction with conventional lending
institutions, local revolving loan funds, private investors, and
other private and public financing sources to provide loans or
loan guarantees to eligible applicants;
(5) Establish fees, charges, interest rates, payment
schedules, local match requirements, and other terms and
conditions for loans and loan guarantees provided under the
program;
(6) Require each applicant to demonstrate the suitability of
any site for the assistance sought; that the site has been
surveyed, that the site has adequate or available utilities, and
that there are no zoning restrictions, environmental regulations,
or other matters impairing the use of the site for the purpose
intended;
(7) Require each applicant to provide a marketing plan and
management strategy for the project;
(8) Adopt rules establishing all of the following:
(a) Forms and procedures by which eligible applicants may
apply for assistance;
(b) Criteria for reviewing, evaluating, and ranking
applications, and for approving applications that best serve the
goals of the program;
(c) Reporting requirements and monitoring procedures;
(d) Guidelines regarding situations in which industrial parks
would be considered to compete against one another for the
purposes of division (B)(2) of section 122.27 of the Revised Code;
(e) Any other rules necessary to implement and administer the
program.
(B) The director may adopt rules establishing requirements
governing the use of any industrial park site receiving assistance
under section 122.24 of the Revised Code, such that a certain
portion of the site must be used for manufacturing, distribution,
high technology, research and development, or other businesses
wherein a majority of the product or service produced is exported
out of the state.
(C) As a condition of receiving assistance under section
122.24 of the Revised Code, and except as provided in division (D)
of this section, an applicant shall agree, for a period of five
years, not to permit the use of a site that is developed or
improved with such assistance to cause the relocation of jobs to
that site from elsewhere in the state.
(D) A site developed or improved with assistance under
section 122.24 of the Revised Code may be the site of jobs
relocated from elsewhere in the state if the director of
development
services does all of the following:
(1) Makes a written determination that the site from which
the jobs would be relocated is inadequate to meet market or
industry conditions, expansion plans, consolidation plans, or
other business considerations affecting the relocating employer;
(2) Provides a copy of the determination required by division
(D)(1) of this section to the members of the general assembly
whose legislative districts include the site from which the jobs
would be relocated;
(3) Determines that the governing body of the area from which
the jobs would be relocated has been notified in writing by the
relocating company of the possible relocation.
(E) The director of development services shall obtain the
approval of the controlling board for any loan or loan guarantee
provided under sections 122.23 to 122.27 of the Revised Code.
Sec. 122.37. (A) There is hereby created in the
department
of development services agency the steel futures program, for the
purpose of preserving and improving the existing industrial base
of the state, improving the economy of the state by providing
employment, increased productivity, and ensuring continued
technological development consistent with these goals, and
maintaining a high standard of living for the people of this
state. The steel futures progam program may be supplemental to any
other enterprise assistance program administered by the director
of development services, and shall be administered so as to
provide financial and technical assistance to increase the
competitiveness of existing steel and steel-related industries in
this state, and to encourage establishment and development of new
industries of this type within the state.
Within six months after the effective date of this section,
the The director shall develop a strategy for financial and
technical assistance to steel and steel-related industries in the
state, which shall include investment policies with regard to
these industries.
(B) In administering the program, the director may consult
with appropriate representatives of steel and steel-related
industries, appropriate representatives of any union that
represents workers in these industries, and other persons with
expert knowledge in these industries.
(C) The director of development services shall consult with
the
chairman chairperson of the public utilities commission to
foster development of public and private cooperative efforts that
result in energy savings and reduced energy costs for steel and
steel-related industries.
(D) Assistance may be made available to steel and
steel-related industries undertaking projects the director
determines to have long-term implications for and broad
applicability to the economy of this state when the director
finds:
(1) The undertaking of projects by the industries will
benefit the people of the state by creating or preserving jobs and
employment opportunities or improving the economic welfare of the
people of this state, and promoting development of new technology
or improving application of existing steel and steel-related
technology.
(2) The undertaking of projects by the industries will allow
them to compete more effectively in the marketplace.
(E) Projects eligible to receive assistance under the steel
futures program may include, but are not limited to, the following
areas:
(1) Research and development specifically related to steel
and steel-related industries and feasibility studies for business
development within these industries;
(3) Labor and management relations; and
(4) Technology-driven capital investment.
(F) Financial and technical assistance may be in the form and
conditioned upon terms as the director considers appropriate.
(G) No later than the thirtieth first day of June in the
first year after the effective date of this section, and no later
than the thirtieth day of June August of each year thereafter, the
director shall submit a report to the general assembly describing
projects of the steel futures program, results obtained from
completed projects of the program, and program projects for the
next fiscal year.
Sec. 122.64. (A) There is hereby established in the
development services agency a business services division. The
division shall be supervised by a deputy director appointed by the
director of development services.
The division is responsible for the administration of the
state economic development financing programs established pursuant
to sections 122.17 and 122.18, sections 122.39 and 122.41 to
122.62, and Chapter 166. of the Revised Code.
(B) The director of development services shall:
(1) Receive applications for assistance pursuant to sections
122.39 and 122.41 to 122.62 and Chapter 166. of the Revised Code.
The director shall process the applications.
(2) With the approval of the director of administrative
services, establish salary schedules for employees of the various
positions of employment with the division and assign the various
positions to those salary schedules;
(3) Employ and fix the compensation of financial consultants,
appraisers, consulting engineers, superintendents, managers,
construction and accounting experts, attorneys, and other agents
for the assistance programs authorized pursuant to sections 122.17
and 122.18, sections 122.39 and 122.41 to 122.62, and Chapter 166.
of the Revised Code as are necessary;
(4) Supervise the administrative operations of the division;
(5) On or before the first day of October August in each
year, make an annual report of the activities and operations under
assistance programs authorized pursuant to sections 122.39 and
122.41 to 122.62 and Chapter 166. of the Revised Code for the
preceding fiscal year to the governor and the general assembly.
Each such report shall set forth a complete operating and
financial statement covering such activities and operations during
the year in accordance with generally accepted accounting
principles and shall be audited by a certified public accountant.
The director of development services shall transmit a copy of the
audited financial report to the office of budget and management.
Sec. 122.89. (A) The director of development services may
execute bonds as surety for minority businesses as principals, on
contracts with the state, any political subdivision or
instrumentality thereof, or any person as the obligee. The
director as surety may exercise all the rights and powers of a
company authorized by the department of insurance to execute bonds
as surety but shall not be subject to any requirements of a surety
company under Title XXXIX of the Revised Code nor to any rules of
the department of insurance.
(B) The director, with the advice of the minority development
financing advisory board, shall adopt rules under Chapter 119. of
the Revised Code establishing procedures for application for
surety bonds by minority businesses and for review and approval of
applications. The board shall review each application in
accordance with the rules and, based on the bond worthiness of
each applicant, shall refer all qualified applicants to the
director. Based on the recommendation of the board, the director
shall determine whether or not the applicant shall receive
bonding.
(C) The rules of the board shall require the minority
business to pay a premium in advance for the bond to be
established by the director, with the advice of the board after
the director receives advice from the superintendent of insurance
regarding the standard market rates for premiums for similar
bonds. All premiums paid by minority businesses shall be paid into
the minority business bonding program administrative and loss
reserve fund.
(D) The rules of the board shall provide for a retainage of
money paid to the minority business or EDGE business enterprise of
fifteen per cent for a contract valued at more than fifty thousand
dollars and for a retainage of twelve per cent for a contract
valued at fifty thousand dollars or less.
(E) The penal sum amounts of all outstanding bonds issued by
the director shall not exceed the amount of moneys in the minority
business bonding fund and available to the fund under division (B)
of section 169.05 of the Revised Code.
(F) The superintendent of insurance shall provide such
technical and professional assistance as is considered necessary
by the director, including providing advice regarding the standard
market rates for bond premiums as described under division (C) of
this section.
(G) Notwithstanding any provision of the Revised Code to the
contrary, a minority business or EDGE business enterprise may bid
or enter into a contract with the state or with any
instrumentality of the state without being required to provide a
bond as follows:
(1) For the first contract that a minority business or EDGE
business enterprise enters into with the state or with any
particular instrumentality of the state, the minority business or
EDGE business enterprise may bid or enter into a contract valued
at twenty-five thousand dollars or less without being required to
provide a bond, but only if the minority business or EDGE business
enterprise is participating in a qualified contractor assistance
program or has successfully completed a qualified contractor
assistance program after the effective date of this amendment
October 16, 2009;
(2) After the state or any particular instrumentality of the
state has accepted the first contract as completed and all
subcontractors and suppliers on the contract have been paid, the
minority business or EDGE business enterprise may bid or enter
into a second contract with the state or with that particular
instrumentality of the state valued at fifty thousand dollars or
less without being required to provide a bond, but only if the
minority business or EDGE business enterprise is participating in
a qualified contractor assistance program or has successfully
completed a qualified contractor assistance program after the
effective date of this amendment October 16, 2009;
(3) After the state or any particular instrumentality of the
state has accepted the second contract as completed and all
subcontractors and suppliers on the contract have been paid, the
minority business or EDGE business enterprise may bid or enter
into a third contract with the state or with that particular
instrumentality of the state valued at one hundred thousand
dollars or less without being required to provide a bond, but only
if the minority business or EDGE business enterprise has
successfully completed a qualified contractor assistance program
after the effective date of this amendment October 16, 2009;
(4) After the state or any particular instrumentality of the
state has accepted the third contract as completed and all
subcontractors and suppliers on the contract have been paid, the
minority business or EDGE business enterprise may bid or enter
into a fourth contract with the state or with that particular
instrumentality of the state valued at three hundred thousand
dollars or less without being required to provide a bond, but only
if the minority business or EDGE business enterprise has
successfully completed a qualified contractor assistance program
after the effective date of this amendment October 16, 2009;
(5) After the state or any instrumentality of the state has
accepted the fourth contract as completed and all subcontractors
and suppliers on the contract have been paid, upon a showing that
with respect to a contract valued at four hundred thousand dollars
or less with the state or with any particular instrumentality of
the state, that the minority business or EDGE business enterprise
either has been denied a bond by two surety companies or that the
minority business or EDGE business enterprise has applied to two
surety companies for a bond and, at the expiration of sixty days
after making the application, has neither received nor been denied
a bond, the minority business or EDGE business enterprise may
repeat its participation in the unbonded state contractor program.
Under no circumstances shall a minority business or EDGE business
enterprise be permitted to participate in the unbonded state
contractor program more than twice.
(H) Notwithstanding any provision of the Revised Code to the
contrary, a minority business or EDGE business enterprise may bid
or enter into a contract with any political subdivision of the
state or with any instrumentality of a political subdivision
without being required to provide a bond as follows:
(1) For the first contract that the minority business or EDGE
business enterprise enters into with any particular political
subdivision of the state or with any particular instrumentality of
a political subdivision, the minority business or EDGE business
enterprise may bid or enter into a contract valued at twenty-five
thousand dollars or less without being required to provide a bond,
but only if the minority business or EDGE business enterprise is
participating in a qualified contractor assistance program or has
successfully completed a qualified contractor assistance program
after the effective date of this amendment
October 16, 2009;
(2) After any political subdivision of the state or any
instrumentality of a political subdivision has accepted the first
contract as completed and all subcontractors and suppliers on the
contract have been paid, the minority business or EDGE business
enterprise may bid or enter into a second contract with that
particular political subdivision of the state or with that
particular instrumentality of a political subdivision valued at
fifty thousand dollars or less without being required to provide a
bond, but only if the minority business or EDGE business
enterprise is participating in a qualified contractor assistance
program or has successfully completed a qualified contractor
assistance program after the effective date of this amendment
October 16, 2009;
(3) After any political subdivision of the state or any
instrumentality of a political subdivision has accepted the second
contract as completed and all subcontractors and suppliers on the
contract have been paid, the minority business or EDGE business
enterprise may bid or enter into a third contract with that
particular political subdivision of the state or with that
particular instrumentality of a political subdivision valued at
one hundred thousand dollars or less without being required to
provide a bond, but only if the minority business or EDGE business
enterprise has successfully completed a qualified contractor
assistance program after the effective date of this amendment
October 16, 2009;
(4) After any political subdivision of the state or any
instrumentality of a political subdivision has accepted the third
contract as completed and all subcontractors and suppliers on the
contract have been paid, the minority business or EDGE business
enterprise may bid or enter into a fourth contract with that
particular political subdivision of the state or with that
particular instrumentality of a political subdivision valued at
two hundred thousand dollars or less without being required to
provide a bond, but only if the minority business or EDGE business
enterprise has successfully completed a qualified contractor
assistance program after the effective date of this amendment
October 16, 2009;
(5) After any political subdivision of the state or any
instrumentality of a political subdivision has accepted the fourth
contract as completed and all subcontractors and suppliers on the
contract have been paid, upon a showing that with respect to a
contract valued at three hundred thousand dollars or less with any
political subdivision of the state or any instrumentality of a
political subdivision, that the minority business or EDGE business
enterprise either has been denied a bond by two surety companies
or that the minority business or EDGE business enterprise has
applied to two surety companies for a bond and, at the expiration
of sixty days after making the application, has neither received
nor been denied a bond, the minority business or EDGE business
enterprise may repeat its participation in the unbonded political
subdivision contractor program. Under no circumstances shall a
minority business or EDGE business enterprise be permitted to
participate in the unbonded political subdivision contractor
program more than twice.
(I) Notwithstanding any provision of the Revised Code to the
contrary, if a minority business or EDGE business enterprise has
entered into two or more contracts with the state or with any
instrumentality of the state, the minority business or EDGE
business enterprise may bid or enter into a contract with a
political subdivision of the state or with any instrumentality of
a political subdivision valued at the level at which the minority
business or EDGE business enterprise would qualify if entering
into an additional contract with the state.
(J) The director of development services shall coordinate and
oversee the unbonded state contractor program described in
division (G) of this section, the unbonded political subdivision
contractor program described in division (H) of this section, and
the approval of a qualified contractor assistance program. The
director shall prepare an annual report and submit it to the
governor and the general assembly on or before the first day of
February August that includes the following: information on the
director's activities for the preceding calendar year regarding
the unbonded state contractor program, the unbonded political
subdivision contractor program, and the qualified contractor
assistance program; a summary and description of the operations
and activities of these programs; an assessment of the
achievements of these programs; and a recommendation as to whether
these programs need to continue.
(K) As used in this section:
(1) "EDGE business enterprise" means an EDGE business
enterprise certified under section 123.152 of the Revised Code.
(2) "Qualified contractor assistance program" means an
educational program or technical assistance program for business
development that is designed to assist a minority business or EDGE
business enterprise in becoming eligible for bonding and has been
approved by the director of development services for use as
required under this section.
(3) "Successfully completed a qualified contractor assistance
program" means the minority business or EDGE business enterprise
completed such a program on or after the effective date of this
amendment October 16, 2009.
(4) "Unbonded state contractor program" means the program
described in division (G) of this section.
(5) "Unbonded political subdivision contractor program" means
the program described in division (H) of this section.
Sec. 122.94. The director of development services shall:
(A) Promulgate rules in accordance with Chapter 119. of the
Revised Code for the conduct of the minority business development
division's business and for carrying out the purposes of sections
122.92 to 122.94 of the Revised Code;
(B) Prepare an annual report to the governor and the general
assembly on or before the first day of February August of its
activities for the preceding calendar year.
Sec. 122.941. (A) On or before the first day of October
August in each year, the director of development services shall
make an annual report of the activities and operations under the
assistance programs of the department development services agency
for the preceding fiscal year to the governor and general
assembly. The annual report shall include a detailing of those
grants, guarantees, loans, and other forms of state assistance to
women-owned businesses.
(B) As used in this section:
(1) "Women-owned business" means any individual, partnership,
corporation, or joint venture of any kind that is owned and
controlled by women who are United States citizens and residents
of this state.
(2) "Owned and controlled" means that at least fifty-one per
cent of the business, including corporate stock if it is a
corporation, is owned by women and that such owners have control
over the day-to-day operations of the business and an interest in
the capital, assets, and profits and losses of the business
proportionate to their percentage of ownership. In order to
qualify as a women-owned business, a business shall have been
owned by such owners at least one year.
Sec. 143.01. As used in this chapter:
(A) "Killed in the line of duty" means either of the
following:
(1) Death in the line of duty;
(2) Death from injury sustained in the line of duty,
including heart attack or other fatal injury or illness caused
while in the line of duty.
(B) "Totally and permanently disabled" means unable to engage
in any substantial gainful employment for a period of not less
than twelve months by reason of a medically determinable physical
impairment that is permanent or presumed to be permanent.
(C) "Volunteer police officer" means any person who is
employed as a police officer or sheriff's deputy in a part-time,
reserve, or volunteer capacity by a county sheriff's department or
the police department of a municipal corporation, township,
township police district, or joint police district and is not a
member of the public employees retirement system, Ohio police and
fire pension fund, state highway patrol retirement system, or the
Cincinnati retirement system.
Sec. 143.02. (A) There is hereby established the volunteer
police officers dependents fund.
Each county, municipal corporation, township, township police
district, and joint police district with a police or sheriff's
department that employs volunteer police officers is a member of
the volunteer police officers' dependents fund and shall establish
a volunteer police officers' dependents fund board. Each board
shall consist of the following board members:
(1) Two board members, elected by the legislative authority
of the fund member that maintains the police or sheriff's
department;
(2) Two board members, elected by the volunteer police
officers of the police or sheriff's department;
(3) One board member, elected by the board members elected
pursuant to divisions (A)(1) and (2) of this section. The board
member must be an elector of the fund member in which the police
or sheriff's department is located, but not a public employee,
member of the legislative authority, or police officer of that
police or sheriff's department.
(B) The term of office of a board member begins the first day
of January and is one year.
(C)(1) The election of the board members specified in
division (A)(1) of this section shall be held each year not
earlier than the first day of November and not later than the
second Monday in December. The election of the member specified in
division (A)(3) of this section shall be held each year on or
before the thirty-first day of December.
(2) The members specified in division (A)(2) of this section
shall be elected on or before the second Monday in December, as
follows:
(a) The secretary of the board shall give notice of the
election by posting it in a conspicuous place at the headquarters
of the police or sheriff's department. Between nine a.m. and nine
p.m. on the day designated, each person eligible to vote shall
send in writing the name of two persons eligible to be elected to
the board who are the person's choices.
(b) All votes cast at the election shall be counted and
recorded by the board, which shall announce the result. The two
persons receiving the highest number of votes are elected. If
there is a tie vote for any two persons, the election shall be
decided by lot or in any other way agreed on by the persons for
whom the tie vote was cast.
(D) Any vacancy occurring on a board shall be filled at a
special election called by the board's secretary.
Sec. 143.03. A volunteer police officers' dependents fund
board shall meet promptly after election of the board's members
and organize. The board shall select from among its members a
chairperson and a secretary.
The secretary of the board shall keep a complete record of
the board's proceedings, which shall be maintained as a permanent
file.
Board members shall serve without compensation.
The legislative authority of the fund member shall provide
sufficient meeting space and supplies for the board to carry out
its duties.
The secretary shall submit all of the following to the
director of commerce:
(A) The name and address of each board member and an
indication of the group or authority that elected the member;
(B) The names of the chairperson and secretary;
(C) A certificate indicating the current assessed property
valuation of the fund member that is prepared by the clerk of the
fund member.
Sec. 143.04. Each volunteer police officers' dependents fund
board may adopt rules as necessary for handling and processing
claims for benefits.
The board shall perform such other duties as are necessary to
implement this chapter.
Sec. 143.05. The prosecuting attorney of the county in which
a fund member is located shall serve as the legal advisor for the
volunteer police officer's dependents' board.
Sec. 143.06. (A) The volunteer police officers' dependents
fund shall be maintained in the state treasury. All investment
earnings of the fund shall be collected by the treasurer of state
and placed to the credit of the fund.
(B) Each fund member shall pay to the treasurer of state, to
the credit of the fund, an initial premium as follows:
(1) Each member with an assessed property valuation of less
than seven million dollars, three hundred dollars;
(2) Each member with an assessed property valuation of seven
million dollars but less than fourteen million dollars, three
hundred fifty dollars;
(3) Each member with an assessed property valuation of
fourteen million dollars but less than twenty-one million dollars,
four hundred dollars;
(4) Each member with an assessed property valuation of
twenty-one million dollars but less than twenty-eight million
dollars, four hundred fifty dollars;
(5) Each member with an assessed property valuation of
twenty-eight million dollars or over, five hundred dollars.
Sec. 143.07. The total of all initial premiums collected by
the treasurer of state under section 143.06 of the Revised Code is
the basic capital account of the volunteer police officers'
dependents fund. No further contributions are required of fund
members until claims against the fund have reduced it to
ninety-five per cent or less of its basic capital account. In that
event, the director of commerce shall cause the following
assessments, based on current property valuation, to be made and
certified to the legislative authority of each member of the fund:
(A) Each member with an assessed property valuation of less
than seven million dollars, ninety dollars;
(B) Each member with an assessed property valuation of seven
million dollars but less than fourteen million dollars, one
hundred five dollars;
(C) Each member with an assessed property valuation of
fourteen million dollars but less than twenty-one million dollars,
one hundred twenty dollars;
(D) Each member with an assessed property valuation of
twenty-one million dollars but less than twenty-eight million
dollars, one hundred thirty-five dollars;
(E) Each member with an assessed property valuation of
twenty-eight million dollars or more, one hundred fifty dollars.
Sec. 143.08. (A) If a premium is not paid as provided in
section 143.06 of the Revised Code, the director of commerce shall
certify the failure as an assessment against the fund member to
the auditor of the county within which the member is located. The
county auditor shall withhold the amount of the assessment,
together with interest at the rate of six per cent from the due
date of the premium, from the next ensuing tax settlement due the
member and pay the amount to the treasurer of state to the credit
of the volunteer police officers' dependents fund.
If the secretary of a volunteer police officers' dependents
fund board fails to submit to the director a certificate of the
current assessed property valuation in accordance with section
143.03 of the Revised Code, the director shall use division (B)(5)
of section 143.06 of the Revised Code as a basis for the
assessment.
(B) If a fund member does not pay the assessment provided in
section 143.07 of the Revised Code within forty-five days after
notice, the director shall proceed with collection in accordance
with division (A) of this section.
Sec. 143.09. (A) A volunteer police officer who is totally
and permanently disabled as a result of discharging the duties of
a volunteer police officer shall receive a benefit from the
volunteer police officers' dependents fund of three hundred
dollars per month, except that no payment shall be made to a
volunteer police officer who is receiving the officer's full
salary during the time of the officer's disability.
(B) Regardless of whether the volunteer police officer
received a benefit under division (A) of this section, death
benefits shall be paid from the fund to the surviving spouse or
dependent children of a volunteer police officer who is killed in
the line of duty. Death benefits shall be paid as follows:
(1) To the surviving spouse of a volunteer police officer
killed in the line of duty, an award of one thousand dollars, and
in addition, a benefit of three hundred dollars per month;
(2) To the parent, guardian, or other persons on whom a child
of a volunteer police officer killed in the line of duty is
dependent for chief financial support, a benefit of one hundred
twenty-five dollars per month for each dependent child under age
eighteen, or under age twenty-two if attending an institution of
learning or training pursuant to a program designed to complete in
each school year the equivalent of at least two-thirds of the
full-time curriculum requirements of the institution.
(C) An individual eligible for benefits payable under this
section shall file a claim for benefits with the appropriate
volunteer police officers' dependents fund board on a form
provided by the board. All of the following information shall be
submitted with the claim:
(1) In the case of a totally and permanently disabled
volunteer police officer, the following:
(a) The name of the police or sheriff's department for which
the officer was a volunteer police officer;
(b) The date of the injury;
(c) Satisfactory medical evidence that the officer is totally
and permanently disabled.
(2) In the case of a surviving spouse or a parent, guardian,
or other person in charge of a dependent child, the following:
(a) The full name of the deceased volunteer police officer;
(b) The name of the police or sheriff's department for which
the deceased officer was a volunteer police officer;
(c) The name and address of the surviving spouse, as
applicable;
(d) The names, ages, and addresses of any dependent children;
(e) Any other evidence required by the board.
(D) All claimants shall certify that neither the claimant nor
the person on whose behalf the claim is filed qualifies for other
benefits from any of the following based on the officer's service
as a volunteer police officer: the public employees retirement
system, Ohio police and fire pension fund, state highway patrol
retirement system, Cincinnati retirement system, or Ohio public
safety officers death benefit fund.
(E) Initial claims shall be filed with the volunteer police
officers' dependents fund board of the fund member in which the
officer was a volunteer police officer. Thereafter, on request of
the claimant or the board, claims may be transferred to a board
near the claimant's current residence, if the boards concerned
agree to the transfer.
Sec. 143.10. (A)(1) Not later than five days after receipt
of a claim for benefits, a volunteer police officers' dependents
fund board shall meet and determine the validity of the claim. If
the board determines that the claim is valid, it shall make a
determination of the amount due and certify its determination to
the director of commerce for payment. The certificate shall show
the name and address of the board, the name and address of each
beneficiary, the amount to be received by or on behalf of each
beneficiary, and the name and address of the person to whom
payments are to be made.
(2) If the board determines that a claimant is ineligible for
benefits, the board shall deny the claim and issue to the claimant
a copy of its order.
(B) The board may make a continuing order for monthly
payments to a claimant for a period not exceeding three months
from the date of the determination. The determination may be
modified after issuance to reflect any changes in the claimant's
eligibility. If no changes occur at the end of the three-month
period, the director may provide for payment if the board
certifies that the original certificate is continued for an
additional three-month period.
Sec. 143.11. The right of an individual to a benefit under
this chapter shall not be subject to execution, garnishment,
attachment, the operation of bankruptcy or insolvency laws, or
other process of law whatsoever, and shall be unassignable except
as specifically provided in this chapter and sections 3105.171,
3105.65, and 3115.32 and Chapters 3119., 3121., 3123., and 3125.
of the Revised Code.
Sec. 149.311. (A) As used in this section:
(1) "Historic building" means a building, including its
structural components, that is located in this state and that is
either individually listed on the national register of historic
places under 16 U.S.C. 470a, located in a registered historic
district, and certified by the state historic preservation officer
as being of historic significance to the district, or is
individually listed as an historic landmark designated by a local
government certified under 16 U.S.C. 470a(c).
(2) "Qualified rehabilitation expenditures" means
expenditures paid or incurred during the rehabilitation period,
and before and after that period as determined under 26 U.S.C. 47,
by an owner or qualified lessee of an historic building to
rehabilitate the building. "Qualified rehabilitation expenditures"
includes architectural or engineering fees paid or incurred in
connection with the rehabilitation, and expenses incurred in the
preparation of nomination forms for listing on the national
register of historic places. "Qualified rehabilitation
expenditures" does not include any of the following:
(a) The cost of acquiring, expanding, or enlarging an
historic building;
(b) Expenditures attributable to work done to facilities
related to the building, such as parking lots, sidewalks, and
landscaping;
(c) New building construction costs.
(3) "Owner" of an historic building means a person holding
the fee simple interest in the building. "Owner" does not include
the state or a state agency, or any political subdivision as
defined in section 9.23 of the Revised Code.
(4) "Qualified lessee" means a person subject to a lease
agreement for an historic building and eligible for the federal
rehabilitation tax credit under 26 U.S.C. 47. "Qualified lessee"
does not include the state or a state agency or political
subdivision as defined in section 9.23 of the Revised Code.
(5) "Certificate owner" means the owner or qualified lessee
of an historic building to which a rehabilitation tax credit
certificate was issued under this section.
(6) "Registered historic district" means an historic district
listed in the national register of historic places under 16 U.S.C.
470a, an historic district designated by a local government
certified under 16 U.S.C. 470a(c), or a local historic district
certified under 36 C.F.R. 67.8 and 67.9.
(7) "Rehabilitation" means the process of repairing or
altering an historic building or buildings, making possible an
efficient use while preserving those portions and features of the
building and its site and environment that are significant to its
historic, architectural, and cultural values.
(8) "Rehabilitation period" means one of the following:
(a) If the rehabilitation initially was not planned to be
completed in stages, a period chosen by the owner or qualified
lessee not to exceed twenty-four months during which
rehabilitation occurs;
(b) If the rehabilitation initially was planned to be
completed in stages, a period chosen by the owner or qualified
lessee not to exceed sixty months during which rehabilitation
occurs. Each stage shall be reviewed as a phase of a
rehabilitation as determined under 26 C.F.R. 1.48-12 or a
successor to that section.
(9) "State historic preservation officer" or "officer" means
the state historic preservation officer appointed by the governor
under 16 U.S.C. 470a.
(B) The owner or qualified lessee of an historic building may
apply to the director of development services for a rehabilitation
tax credit certificate for qualified rehabilitation expenditures
paid or incurred by such owner or qualified lessee after April 4,
2007, for rehabilitation of an historic building. If the owner of
an historic building enters a pass-through agreement with a
qualified lessee for the purposes of the federal rehabilitation
tax credit under 26 U.S.C. 47, the qualified rehabilitation
expenditures paid or incurred by the owner after April 4, 2007,
may be attributed to the qualified lessee.
The form and manner of filing such applications shall be
prescribed by rule of the director. Each application shall state
the amount of qualified rehabilitation expenditures the applicant
estimates will be paid or incurred. The director may require
applicants to furnish documentation of such estimates.
The director, after consultation with the tax commissioner
and in accordance with Chapter 119. of the Revised Code, shall
adopt rules that establish all of the following:
(1) Forms and procedures by which applicants may apply for
rehabilitation tax credit certificates;
(2) Criteria for reviewing, evaluating, and approving
applications for certificates within the limitations under
division (D) of this section, criteria for assuring that the
certificates issued encompass a mixture of high and low qualified
rehabilitation expenditures, and criteria for issuing certificates
under division (C)(3)(b) of this section;
(3) Eligibility requirements for obtaining a certificate
under this section;
(4) The form of rehabilitation tax credit certificates;
(5) Reporting requirements and monitoring procedures;
(6) Procedures and criteria for conducting cost-benefit
analyses of historic buildings that are the subjects of
applications filed under this section. The purpose of a
cost-benefit analysis shall be to determine whether rehabilitation
of the historic building will result in a net revenue gain in
state and local taxes once the building is used.
(7) Any other rules necessary to implement and administer
this section.
(C) The director of development services shall review the
applications with the assistance of the state historic
preservation officer and determine whether all of the following
criteria are met:
(1) That the building that is the subject of the application
is an historic building and the applicant is the owner or
qualified lessee of the building;
(2) That the rehabilitation will satisfy standards prescribed
by the United States secretary of the interior under 16 U.S.C.
470, et seq., as amended, and 36 C.F.R. 67.7 or a successor to
that section;
(3) That receiving a rehabilitation tax credit certificate
under this section is a major factor in:
(a) The applicant's decision to rehabilitate the historic
building; or
(b) To increase the level of investment in such
rehabilitation.
An applicant shall demonstrate to the satisfaction of the
state historic preservation officer and director of development
services that the rehabilitation will satisfy the standards
described in division (C)(2) of this section before the applicant
begins the physical rehabilitation of the historic building.
(D)(1) If the director of development services determines
that an application meets the criteria in divisions (C)(1), (2),
and (3) of this section, the director shall conduct a cost-benefit
analysis for the historic building that is the subject of the
application to determine whether rehabilitation of the historic
building will result in a net revenue gain in state and local
taxes once the building is used. The director shall consider the
results of the cost-benefit analysis in determining whether to
approve the application. The director shall also consider the
potential economic impact and the regional distributive balance of
the credits throughout the state. The director may approve an
application only after completion of the cost-benefit analysis.
(2) A rehabilitation tax credit certificate shall not be
issued for an amount greater than the estimated amount furnished
by the applicant on the application for such certificate and
approved by the director. The director shall not approve more than
a total of sixty million dollars of rehabilitation tax credits per
fiscal year but the director may reallocate unused tax credits
from a prior fiscal year for new applicants and such reallocated
credits shall not apply toward the dollar limit of this division.
(3) For rehabilitations with a rehabilitation period not
exceeding twenty-four months as provided in division (A)(7)(8)(a)
of this section, a rehabilitation tax credit certificate shall not
be issued before the rehabilitation of the historic building is
completed.
(4) For rehabilitations with a rehabilitation period not
exceeding sixty months as provided in division (A)(7)(8)(b) of
this section, a rehabilitation tax credit certificate shall not be
issued before a stage of rehabilitation is completed. After all
stages of rehabilitation are completed, if the director cannot
determine that the criteria in division (C) of this section are
satisfied for all stages of rehabilitations, the director shall
certify this finding to the tax commissioner, and any
rehabilitation tax credits received by the applicant shall be
repaid by the applicant and may be collected by assessment as
unpaid tax by the commissioner.
(5) The director of development services shall require the
applicant to provide a third-party cost certification by a
certified public accountant of the actual costs attributed to the
rehabilitation of the historic building when qualified
rehabilitation expenditures exceed two hundred thousand dollars.
If an applicant whose application is approved for receipt of
a rehabilitation tax credit certificate fails to provide to the
director sufficient evidence of reviewable progress, including a
viable financial plan, copies of final construction drawings, and
evidence that the applicant has obtained all historic approvals
within twelve months after the date the applicant received
notification of approval, and if the applicant fails to provide
evidence to the director that the applicant has secured and closed
on financing for the rehabilitation within eighteen months after
receiving notification of approval, the director may rescind the
approval of the application. The director shall notify the
applicant if the approval has been rescinded. Credits that would
have been available to an applicant whose approval was rescinded
shall be available for other qualified applicants. Nothing in this
division prohibits an applicant whose approval has been rescinded
from submitting a new application for a rehabilitation tax credit
certificate.
(E) Issuance of a certificate represents a finding by the
director of development services of the matters described in
divisions (C)(1), (2), and (3) of this section only; issuance of a
certificate does not represent a verification or certification by
the director of the amount of qualified rehabilitation
expenditures for which a tax credit may be claimed under section
5725.151, 5725.34, 5726.52, 5729.17, 5733.47, or 5747.76 of the
Revised Code. The amount of qualified rehabilitation expenditures
for which a tax credit may be claimed is subject to inspection and
examination by the tax commissioner or employees of the
commissioner under section 5703.19 of the Revised Code and any
other applicable law. Upon the issuance of a certificate, the
director shall certify to the tax commissioner, in the form and
manner requested by the tax commissioner, the name of the
applicant, the amount of qualified rehabilitation expenditures
shown on the certificate, and any other information required by
the rules adopted under this section.
(F)(1) On or before the first day of April August each year,
the director of development services and tax commissioner jointly
shall submit to the president of the senate and the speaker of the
house of representatives a report on the tax credit program
established under this section and sections 5725.151, 5725.34,
5726.52, 5729.17, 5733.47, and 5747.76 of the Revised Code. The
report shall present an overview of the program and shall include
information on the number of rehabilitation tax credit
certificates issued under this section during the preceding fiscal
year, an update on the status of each historic building for which
an application was approved under this section, the dollar amount
of the tax credits granted under sections 5725.151, 5725.34,
5726.52, 5729.17, 5733.47, and 5747.76 of the Revised Code, and
any other information the director and commissioner consider
relevant to the topics addressed in the report.
(2) On or before December 1, 2015, the director of
development services and tax commissioner jointly shall submit to
the president of the senate and the speaker of the house of
representatives a comprehensive report that includes the
information required by division (F)(1) of this section and a
detailed analysis of the effectiveness of issuing tax credits for
rehabilitating historic buildings. The report shall be prepared
with the assistance of an economic research organization jointly
chosen by the director and commissioner.
(G) There is hereby created in the state treasury the
historic rehabilitation tax credit operating fund. The director of
development services is authorized to charge reasonable
application and other fees in connection with the administration
of tax credits authorized by this section and sections 5725.151,
5725.34, 5726.52, 5729.17, 5733.44 5733.47, and 5747.76 of the
Revised Code. Any such fees collected shall be credited to the
fund and used to pay reasonable costs incurred by the department
of development services in administering this section and sections
5725.151, 5725.34, 5726.52, 5729.17, 5733.44 5733.47, and 5747.76
of the Revised Code.
The Ohio historic preservation office is authorized to charge
reasonable fees in connection with its review and approval of
applications under this section. Any such fees collected shall be
credited to the fund and used to pay administrative costs incurred
by the Ohio historic preservation office pursuant to this section.
Sec. 150.10. (A) On the first day of January of the second
year after the date of entering into an agreement under section
150.05 of the Revised Code and on the first day of August of each
ensuing year, the authority shall file with the clerk of the house
of representatives, the clerk of the senate, and the chairpersons
of the house and senate standing committees predominantly
concerned with economic development a written report on the Ohio
venture capital program. The report shall include all the
following:
(1) A description of the details of the investment policy
established or modified in accordance with sections 150.03 and
150.04 of the Revised Code;
(2) The authority's assessment of the program's achievement
of its purpose stated in section 150.01 of the Revised Code;
(3) The value of tax credit certificates issued by the
authority under section 150.07 of the Revised Code in each fiscal
year ending on or before the preceding thirtieth day of June;
(4) The amount of tax credits claimed pursuant to section
5707.031, 5725.19, 5726.53, 5727.241, 5729.08, 5733.49, or 5747.80
of the Revised Code, as to the respective taxes involved;
(5) The financial status of the Ohio venture capital fund;
(6) The names of venture capital funds in which money from
the program fund has been invested and the locations of their
principal offices, and the names of the enterprises in which each
of those venture capital funds has invested such money and the
locations of those enterprises' principal offices;
(7) Any recommendations for modifying the program to better
achieve the purpose stated in section 150.01 of the Revised Code.
(B) During each year that a report is issued under division
(A) of this section, the chairperson of the authority, or another
member of the authority designated by the chairperson as the
authority's representative, shall be required to appear in person
before the standing committees of the house and senate
predominantly concerned with economic development to give
testimony concerning the status of the Ohio venture capital
program.
Sec. 166.13. (A) Prior to entering into each agreement to
provide innovation financial assistance under sections 166.12,
166.15, and 166.16 of the Revised Code, the director of
development services shall determine whether the assistance will
conform to the requirements of sections 166.12 to 166.16 of the
Revised Code. Such determination, and the facts upon which it is
based, shall be set forth by the director in submissions made to
the controlling board when the director seeks a release of moneys
under section 166.12 of the Revised Code. An agreement to provide
assistance under sections 166.12, 166.15, and 166.16 of the
Revised Code shall set forth the determination, which shall be
conclusive for purposes of the validity and enforceability of the
agreement and any innovation loan guarantees, innovation loans, or
other agreements entered into pursuant to the agreement to provide
innovation financial assistance.
(B) Whenever a person applies for innovation financial
assistance under sections 166.12, 166.15, and 166.16 of the
Revised Code and the eligible innovation project for which
innovation financial assistance is requested is to relocate an
eligible innovation project that is currently being operated by
the person and that is located in another county, municipal
corporation, or township, the director person shall provide
written notification to the appropriate local governmental bodies
and state officials. The notification shall contain the following
information:
(1) The name of the person applying for innovation financial
assistance;
(2) The county, and the municipal corporation or township, in
which the eligible innovation project for which innovation
financial assistance is requested is located; and
(3) The county, and the municipal corporation or township, in
which the eligible innovation project to be replaced is located
director may not enter into an agreement to provide innovation
financial assistance until the director determines that the
appropriate local government bodies and state officials have been
notified.
(C) As used in division (B) of this section:
(1) "Appropriate local governmental bodies" means:
(a) The boards of county commissioners or legislative
authorities of the county in which the project for which
innovation financial assistance is requested is located and of the
county in which the eligible innovation project to be replaced is
located;
(b) The legislative authority of the municipal corporation or
the board of township trustees of the township in which the
eligible innovation project for which innovation financial
assistance is requested is located; and
(c) The legislative authority of the municipal corporation or
the board of township trustees of the township in which the
eligible innovation project to be replaced is located.
(2) "State officials" means:
(a) The state representative and state senator in whose
districts the project for which innovation financial assistance is
requested is located;
(b) The state representative and state senator in whose
districts the innovation project to be replaced is located.
Sec. 166.18. (A) Prior to entering into each agreement to
provide research and development financial assistance, the
director of development services shall determine whether the
assistance will conform to the requirements of sections 166.17 to
166.21, 5733.352, and 5747.331 of the Revised Code. Such
determination, and the facts upon which it is based, shall be set
forth by the director in submissions made to the controlling board
when the director seeks a release of moneys under section 166.17
of the Revised Code. An agreement to provide research and
development financial assistance under section 166.17 or 166.21 of
the Revised Code shall set forth the determination, which shall be
conclusive for purposes of the validity and enforceability of the
agreement, and any loans or other agreements entered into pursuant
to the agreement, to provide research and development financial
assistance.
(B) Whenever a person applies for research and development
financial assistance, and the eligible research and development
project for which that assistance is requested is to relocate an
eligible research and development project that is currently being
operated by the person and that is located in another county,
municipal corporation, or township within the state, the director
person shall provide written notification to the appropriate local
governmental bodies and state officials. The notification shall
state all of the following:
(1) The name of the person applying for research and
development financial assistance;
(2) The county, and the municipal corporation or township, in
which the project for which research and development financial
assistance is requested will be located;
(3) The county, and the municipal corporation or township, in
which the eligible research and development project is located at
the time such financial assistance is requested director may not
enter into an agreement to provide research and development
financial assistance until the director determines that the
appropriate local government bodies and state officials have been
notified.
(C) As used in division (B) of this section:
(1) "Appropriate local governmental bodies" means all of the
following:
(a) The board of county commissioners of or legislative
authorities of special districts in the county in which the
eligible research and development project for which research and
development financial assistance is requested is located and of
the county in which the project will be located;
(b) The legislative authority of the municipal corporation or
the board of township trustees of the township in which the
eligible research and development project for which research and
development financial assistance is requested is located and of
the municipal corporation or township in which the project will be
located.
(2) "State officials" means both of the following:
(a) The state representative and state senator in whose
district the eligible research and development project for which
research and development financial assistance is requested is
located;
(b) The state representative and state senator in whose
district the eligible research and development project will be
located.
Sec. 184.02. (A) In addition to the powers and duties under
sections 184.10 to 184.20 and 184.37 of the Revised Code, the
third frontier commission may perform any act to ensure the
performance of any function necessary or appropriate to carry out
the purposes of, and exercise the powers granted under, sections
184.01 and 184.02 of the Revised Code. In addition, the commission
may do any of the following:
(1) Adopt, amend, and rescind rules under section 111.15 of
the Revised Code for the administration of any aspect of its
operations;
(2) Adopt bylaws governing its operations, including bylaws
that establish procedures and set policies as may be necessary to
assist with the furtherance of its purposes;
(3) Appoint and set the compensation of employees needed to
carry out its duties;
(4) Contract with, retain the services of, or designate, and
fix the compensation of, such financial consultants, accountants,
other consultants and advisors, and other independent contractors
as may be necessary or desirable to carry out its duties;
(5) Solicit input and comments from the third frontier
advisory board, and specialized industry, professional, and other
relevant interest groups concerning its purposes;
(6) Facilitate alignment of the state's science and
technology programs and activities;
(7) Make grants and loans to individuals, public agencies,
private companies or organizations, or joint ventures for any of
the broad range of activities related to its purposes.
(B) In addition to the powers and duties under sections
184.10 to 184.20 and 184.37 of the Revised Code, the commission
shall do all of the following:
(1) Establish a competitive process for the award of grants
and loans that is designed to fund the most meritorious proposals
and, when appropriate, provide for peer review of proposals;
(2) Within ninety days after the end of each fiscal On or
before the first day of August of each year, submit to the
governor and the general assembly a report of the activities of
the commission during the preceding fiscal year;
(3) With specific application to the biomedical research and
technology transfer trust fund, periodically make strategic
assessments of the types of state investments in biomedical
research and biotechnology in the state that would likely create
jobs and business opportunities in the state and produce the most
beneficial long-term improvements to the public health of Ohioans,
including, but not limited to, biomedical research and
biotechnology initiatives that address tobacco-related illnesses
as may be outlined in any master agreement. The commission shall
award grants and loans from the fund pursuant to a process
established under division (B)(1) of this section.
Sec. 1551.34. On or before the thirty-first first day of
March August of the second each even-numbered year of each
biennium, the director of the Ohio coal development office
established under section 1551.32 of the Revised Code shall submit
to the governor and the general assembly an Ohio coal development
agenda. Prior to each submission, the office shall solicit public
comment on the agenda to give interested parties an opportunity to
comment on the agenda. The director shall consider any public
comments received prior to the agenda's submission. The agenda
shall include, but is not limited to, all of the following:
(A) A characterization of Ohio coal, constraints on its
maximum use, and opportunities for overcoming those constraints;
(B) A characterization of the current and potential markets
for Ohio coal, constraints on increased market demand for it, and
opportunities for overcoming those constraints;
(C) Identification of each of the office's programs and its
correspondence to the purposes of the office;
(D) A description of the office's current projects that
includes the status of each project and a specific description of
the office's activities in all of the following areas:
(1) Commercialization of available technology;
(2) Marketplace adoption of that technology;
(3) Enhancement of user markets for Ohio coal.
(E) The types of projects to be funded in the succeeding
biennium;
(F) Anticipated expenditures for, the relative priority of,
and the potential benefits of each type of project to be funded in
the succeeding biennium;
(G) The results obtained from completed projects and
dissemination of those results;
(H) A fiscal report of the office's activities under sections
1551.30 to 1551.35 and Chapter 1555. of the Revised Code during
the preceding biennium;
(I) The criteria used to select the office's specific types
of projects. The criteria shall consider all of the following:
(1) A project's relationship to and support of the office's
purposes;
(2) The technology involved, its applicability to Ohio coal,
and its potential rate and probability of marketplace adoption;
(3) The commercial readiness of a project's facility,
technology, or equipment;
(4) The cost and relative risk to the state and the
participation of other investors or interested parties in a
project's financing;
(5) The likelihood that results of a project would not be
achieved in the absence of the office's assistance.
Sec. 2329.66. (A) Every person who is domiciled in this
state may hold property exempt from execution, garnishment,
attachment, or sale to satisfy a judgment or order, as follows:
(1)(a) In the case of a judgment or order regarding money
owed for health care services rendered or health care supplies
provided to the person or a dependent of the person, one parcel or
item of real or personal property that the person or a dependent
of the person uses as a residence. Division (A)(1)(a) of this
section does not preclude, affect, or invalidate the creation
under this chapter of a judgment lien upon the exempted property
but only delays the enforcement of the lien until the property is
sold or otherwise transferred by the owner or in accordance with
other applicable laws to a person or entity other than the
surviving spouse or surviving minor children of the judgment
debtor. Every person who is domiciled in this state may hold
exempt from a judgment lien created pursuant to division (A)(1)(a)
of this section the person's interest, not to exceed one hundred
twenty-five thousand dollars, in the exempted property.
(b) In the case of all other judgments and orders, the
person's interest, not to exceed one hundred twenty-five thousand
dollars, in one parcel or item of real or personal property that
the person or a dependent of the person uses as a residence.
(c) For purposes of divisions (A)(1)(a) and (b) of this
section, "parcel" means a tract of real property as identified on
the records of the auditor of the county in which the real
property is located.
(2) The person's interest, not to exceed three thousand two
hundred twenty-five dollars, in one motor vehicle;
(3) The person's interest, not to exceed four hundred
dollars, in cash on hand, money due and payable, money to become
due within ninety days, tax refunds, and money on deposit with a
bank, savings and loan association, credit union, public utility,
landlord, or other person, other than personal earnings.
(4)(a) The person's interest, not to exceed five hundred
twenty-five dollars in any particular item or ten thousand seven
hundred seventy-five dollars in aggregate value, in household
furnishings, household goods, wearing apparel, appliances, books,
animals, crops, musical instruments, firearms, and hunting and
fishing equipment that are held primarily for the personal,
family, or household use of the person;
(b) The person's aggregate interest in one or more items of
jewelry, not to exceed one thousand three hundred fifty dollars,
held primarily for the personal, family, or household use of the
person or any of the person's dependents.
(5) The person's interest, not to exceed an aggregate of two
thousand twenty-five dollars, in all implements, professional
books, or tools of the person's profession, trade, or business,
including agriculture;
(6)(a) The person's interest in a beneficiary fund set apart,
appropriated, or paid by a benevolent association or society, as
exempted by section 2329.63 of the Revised Code;
(b) The person's interest in contracts of life or endowment
insurance or annuities, as exempted by section 3911.10 of the
Revised Code;
(c) The person's interest in a policy of group insurance or
the proceeds of a policy of group insurance, as exempted by
section 3917.05 of the Revised Code;
(d) The person's interest in money, benefits, charity,
relief, or aid to be paid, provided, or rendered by a fraternal
benefit society, as exempted by section 3921.18 of the Revised
Code;
(e) The person's interest in the portion of benefits under
policies of sickness and accident insurance and in lump sum
payments for dismemberment and other losses insured under those
policies, as exempted by section 3923.19 of the Revised Code.
(7) The person's professionally prescribed or medically
necessary health aids;
(8) The person's interest in a burial lot, including, but not
limited to, exemptions under section 517.09 or 1721.07 of the
Revised Code;
(9) The person's interest in the following:
(a) Moneys paid or payable for living maintenance or rights,
as exempted by section 3304.19 of the Revised Code;
(b) Workers' compensation, as exempted by section 4123.67 of
the Revised Code;
(c) Unemployment compensation benefits, as exempted by
section 4141.32 of the Revised Code;
(d) Cash assistance payments under the Ohio works first
program, as exempted by section 5107.75 of the Revised Code;
(e) Benefits and services under the prevention, retention,
and contingency program, as exempted by section 5108.08 of the
Revised Code;
(f) Disability financial assistance payments, as exempted by
section 5115.06 of the Revised Code;
(g) Payments under section 24 or 32 of the "Internal Revenue
Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as amended.
(10)(a) Except in cases in which the person was convicted of
or pleaded guilty to a violation of section 2921.41 of the Revised
Code and in which an order for the withholding of restitution from
payments was issued under division (C)(2)(b) of that section, in
cases in which an order for withholding was issued under section
2907.15 of the Revised Code, in cases in which an order for
forfeiture was issued under division (A) or (B) of section
2929.192 of the Revised Code, and in cases in which an order was
issued under section 2929.193 or 2929.194 of the Revised Code, and
only to the extent provided in the order, and except as provided
in sections 3105.171, 3105.63, 3119.80, 3119.81, 3121.02, 3121.03,
and 3123.06 of the Revised Code, the person's rights to or
interests in a pension, benefit, annuity, retirement allowance, or
accumulated contributions, the person's rights to or interests in
a participant account in any deferred compensation program offered
by the Ohio public employees deferred compensation board, a
government unit, or a municipal corporation, or the person's other
accrued or accruing rights or interests, as exempted by section
143.11, 145.56, 146.13, 148.09, 742.47, 3307.41, 3309.66, or
5505.22 of the Revised Code, and the person's rights to or
interests in benefits from the Ohio public safety officers death
benefit fund;
(b) Except as provided in sections 3119.80, 3119.81, 3121.02,
3121.03, and 3123.06 of the Revised Code, the person's rights to
receive or interests in receiving a payment or other benefits
under any pension, annuity, or similar plan or contract, not
including a payment or benefit from a stock bonus or
profit-sharing plan or a payment included in division (A)(6)(b) or
(10)(a) of this section, on account of illness, disability, death,
age, or length of service, to the extent reasonably necessary for
the support of the person and any of the person's dependents,
except if all the following apply:
(i) The plan or contract was established by or under the
auspices of an insider that employed the person at the time the
person's rights or interests under the plan or contract arose.
(ii) The payment is on account of age or length of service.
(iii) The plan or contract is not qualified under the
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as
amended.
(c) Except for any portion of the assets that were deposited
for the purpose of evading the payment of any debt and except as
provided in sections 3119.80, 3119.81, 3121.02, 3121.03, and
3123.06 of the Revised Code, the person's rights or interests in
the assets held in, or to directly or indirectly receive any
payment or benefit under, any individual retirement account,
individual retirement annuity, "Roth IRA," "529 plan," or
education individual retirement account that provides payments or
benefits by reason of illness, disability, death, retirement, or
age or provides payments or benefits for purposes of education, to
the extent that the assets, payments, or benefits described in
division (A)(10)(c) of this section are attributable to or derived
from any of the following or from any earnings, dividends,
interest, appreciation, or gains on any of the following:
(i) Contributions of the person that were less than or equal
to the applicable limits on deductible contributions to an
individual retirement account or individual retirement annuity in
the year that the contributions were made, whether or not the
person was eligible to deduct the contributions on the person's
federal tax return for the year in which the contributions were
made;
(ii) Contributions of the person that were less than or equal
to the applicable limits on contributions to a Roth IRA or
education individual retirement account in the year that the
contributions were made;
(iii) Contributions of the person that are within the
applicable limits on rollover contributions under subsections 219,
402(c), 403(a)(4), 403(b)(8), 408(b), 408(d)(3), 408A(c)(3)(B),
408A(d)(3), and 530(d)(5) of the "Internal Revenue Code of 1986,"
100 Stat. 2085, 26 U.S.C.A. 1, as amended;
(iv) Contributions by any person into any plan, fund, or
account that is formed, created, or administered pursuant to, or
is otherwise subject to, section 529 of the "Internal Revenue Code
of 1986," 100 Stat. 2085, 26 U.S.C. 1, as amended.
(d) Except for any portion of the assets that were deposited
for the purpose of evading the payment of any debt and except as
provided in sections 3119.80, 3119.81, 3121.02, 3121.03, and
3123.06 of the Revised Code, the person's rights or interests in
the assets held in, or to receive any payment under, any Keogh or
"H.R. 10" plan that provides benefits by reason of illness,
disability, death, retirement, or age, to the extent reasonably
necessary for the support of the person and any of the person's
dependents.
(e) The person's rights to or interests in any assets held
in, or to directly or indirectly receive any payment or benefit
under, any individual retirement account, individual retirement
annuity, "Roth IRA," "529 plan," or education individual
retirement account that a decedent, upon or by reason of the
decedent's death, directly or indirectly left to or for the
benefit of the person, either outright or in trust or otherwise,
including, but not limited to, any of those rights or interests in
assets or to receive payments or benefits that were transferred,
conveyed, or otherwise transmitted by the decedent by means of a
will, trust, exercise of a power of appointment, beneficiary
designation, transfer or payment on death designation, or any
other method or procedure.
(f) The exemptions under divisions (A)(10)(a) to (e) of this
section also shall apply or otherwise be available to an alternate
payee under a qualified domestic relations order (QDRO) or other
similar court order.
(g) A person's interest in any plan, program, instrument, or
device described in divisions (A)(10)(a) to (e) of this section
shall be considered an exempt interest even if the plan, program,
instrument, or device in question, due to an error made in good
faith, failed to satisfy any criteria applicable to that plan,
program, instrument, or device under the "Internal Revenue Code of
1986," 100 Stat. 2085, 26 U.S.C. 1, as amended.
(11) The person's right to receive spousal support, child
support, an allowance, or other maintenance to the extent
reasonably necessary for the support of the person and any of the
person's dependents;
(12) The person's right to receive, or moneys received during
the preceding twelve calendar months from, any of the following:
(a) An award of reparations under sections 2743.51 to 2743.72
of the Revised Code, to the extent exempted by division (D) of
section 2743.66 of the Revised Code;
(b) A payment on account of the wrongful death of an
individual of whom the person was a dependent on the date of the
individual's death, to the extent reasonably necessary for the
support of the person and any of the person's dependents;
(c) Except in cases in which the person who receives the
payment is an inmate, as defined in section 2969.21 of the Revised
Code, and in which the payment resulted from a civil action or
appeal against a government entity or employee, as defined in
section 2969.21 of the Revised Code, a payment, not to exceed
twenty thousand two hundred dollars, on account of personal bodily
injury, not including pain and suffering or compensation for
actual pecuniary loss, of the person or an individual for whom the
person is a dependent;
(d) A payment in compensation for loss of future earnings of
the person or an individual of whom the person is or was a
dependent, to the extent reasonably necessary for the support of
the debtor and any of the debtor's dependents.
(13) Except as provided in sections 3119.80, 3119.81,
3121.02, 3121.03, and 3123.06 of the Revised Code, personal
earnings of the person owed to the person for services in an
amount equal to the greater of the following amounts:
(a) If paid weekly, thirty times the current federal minimum
hourly wage; if paid biweekly, sixty times the current federal
minimum hourly wage; if paid semimonthly, sixty-five times the
current federal minimum hourly wage; or if paid monthly, one
hundred thirty times the current federal minimum hourly wage that
is in effect at the time the earnings are payable, as prescribed
by the "Fair Labor Standards Act of 1938," 52 Stat. 1060, 29
U.S.C. 206(a)(1), as amended;
(b) Seventy-five per cent of the disposable earnings owed to
the person.
(14) The person's right in specific partnership property, as
exempted by the person's rights in a partnership pursuant to
section 1776.50 of the Revised Code, except as otherwise set forth
in section 1776.50 of the Revised Code;
(15) A seal and official register of a notary public, as
exempted by section 147.04 of the Revised Code;
(16) The person's interest in a tuition unit or a payment
under section 3334.09 of the Revised Code pursuant to a tuition
payment contract, as exempted by section 3334.15 of the Revised
Code;
(17) Any other property that is specifically exempted from
execution, attachment, garnishment, or sale by federal statutes
other than the "Bankruptcy Reform Act of 1978," 92 Stat. 2549, 11
U.S.C.A. 101, as amended;
(18) The person's aggregate interest in any property, not to
exceed one thousand seventy-five dollars, except that division
(A)(18) of this section applies only in bankruptcy proceedings.
(B) On April 1, 2010, and on the first day of April in each
third calendar year after 2010, the Ohio judicial conference shall
adjust each dollar amount set forth in this section to reflect any
increase in the consumer price index for all urban consumers, as
published by the United States department of labor, or, if that
index is no longer published, a generally available comparable
index, for the three-year period ending on the thirty-first day of
December of the preceding year. Any adjustments required by this
division shall be rounded to the nearest twenty-five dollars.
The Ohio judicial conference shall prepare a memorandum
specifying the adjusted dollar amounts. The judicial conference
shall transmit the memorandum to the director of the legislative
service commission, and the director shall publish the memorandum
in the register of Ohio. (Publication of the memorandum in the
register of Ohio shall continue until the next memorandum
specifying an adjustment is so published.) The judicial conference
also may publish the memorandum in any other manner it concludes
will be reasonably likely to inform persons who are affected by
its adjustment of the dollar amounts.
(C) As used in this section:
(1) "Disposable earnings" means net earnings after the
garnishee has made deductions required by law, excluding the
deductions ordered pursuant to section 3119.80, 3119.81, 3121.02,
3121.03, or 3123.06 of the Revised Code.
(a) If the person who claims an exemption is an individual, a
relative of the individual, a relative of a general partner of the
individual, a partnership in which the individual is a general
partner, a general partner of the individual, or a corporation of
which the individual is a director, officer, or in control;
(b) If the person who claims an exemption is a corporation, a
director or officer of the corporation; a person in control of the
corporation; a partnership in which the corporation is a general
partner; a general partner of the corporation; or a relative of a
general partner, director, officer, or person in control of the
corporation;
(c) If the person who claims an exemption is a partnership, a
general partner in the partnership; a general partner of the
partnership; a person in control of the partnership; a partnership
in which the partnership is a general partner; or a relative in, a
general partner of, or a person in control of the partnership;
(d) An entity or person to which or whom any of the following
applies:
(i) The entity directly or indirectly owns, controls, or
holds with power to vote, twenty per cent or more of the
outstanding voting securities of the person who claims an
exemption, unless the entity holds the securities in a fiduciary
or agency capacity without sole discretionary power to vote the
securities or holds the securities solely to secure to debt and
the entity has not in fact exercised the power to vote.
(ii) The entity is a corporation, twenty per cent or more of
whose outstanding voting securities are directly or indirectly
owned, controlled, or held with power to vote, by the person who
claims an exemption or by an entity to which division (C)(2)(d)(i)
of this section applies.
(iii) A person whose business is operated under a lease or
operating agreement by the person who claims an exemption, or a
person substantially all of whose business is operated under an
operating agreement with the person who claims an exemption.
(iv) The entity operates the business or all or substantially
all of the property of the person who claims an exemption under a
lease or operating agreement.
(e) An insider, as otherwise defined in this section, of a
person or entity to which division (C)(2)(d)(i), (ii), (iii), or
(iv) of this section applies, as if the person or entity were a
person who claims an exemption;
(f) A managing agent of the person who claims an exemption.
(3) "Participant account" has the same meaning as in section
148.01 of the Revised Code.
(4) "Government unit" has the same meaning as in section
148.06 of the Revised Code.
(D) For purposes of this section, "interest" shall be
determined as follows:
(1) In bankruptcy proceedings, as of the date a petition is
filed with the bankruptcy court commencing a case under Title 11
of the United States Code;
(2) In all cases other than bankruptcy proceedings, as of the
date of an appraisal, if necessary under section 2329.68 of the
Revised Code, or the issuance of a writ of execution.
An interest, as determined under division (D)(1) or (2) of
this section, shall not include the amount of any lien otherwise
valid pursuant to section 2329.661 of the Revised Code.
Sec. 3333.91. Not later than December 31, 2014, the
governor's office of workforce transformation, in collaboration
with the chancellor of the Ohio board of regents, the
superintendent of public instruction, and the department of job
and family services, shall develop and submit to the appropriate
federal agency a single, state unified plan for the adult basic
and literacy education program administered by the United States
secretary of education, the "Carl D. Perkins Vocational and
Technical Education Act," 20 U.S.C. 2301, et seq., as amended, and
the "Workforce Investment Act of 1998," 29 U.S.C. 2801, et seq.,
as amended. Following the plan's initial submission to the
appropriate federal agency, the governor's office of workforce
transformation may update it as necessary. If the plan is updated,
the governor's office of workforce transformation shall submit the
updated plan to the appropriate federal agency.
Sec. 3731.02. (A) The state fire marshal shall make such
rules as are necessary to carry out this chapter, which shall
include, but are not limited to, rules establishing requirements
to renew a license issued under this chapter and fees for
licensure and renewal and for inspections of hotels. Except as
provided in division (G) of section 3731.12 of the Revised Code,
the state fire marshal and the assistant state fire marshals shall
enforce this chapter.
(B) Except as otherwise provided in this division and
divisions (C) and (D) of this section, the board of building
standards shall adopt, pursuant to section 3781.10 of the Revised
Code, rules that specify that the building code standards for SRO
facilities shall be use group R-2. Any facility operating prior to
October 16, 1996, in the nature of an SRO facility that met the
building code standards for an SRO facility prior to that date,
whether previously licensed as a hotel or not, and after October
16, 1996, licensed as an SRO facility under section 3731.03 of the
Revised Code, shall be permitted under the rules to have a
building code standard of either use group R-1 or use group R-2 if
the facility meets the requirements for those use groups as
specified in the Ohio building code adopted pursuant to section
3781.10 of the Revised Code. The requirements of this division
apply to an SRO facility that holds a license as an SRO facility
on the effective date of this amendment September 12, 2008, unless
any of the following events occur on or after the effective date
of this amendment September 12, 2008:
(1) The owner of the SRO facility constructs or alters the
facility.
(2) The owner of the SRO facility surrenders the license
issued to that facility.
(3) The owner of the SRO facility changes the use or
occupancy of that facility.
(4) The license issued to that SRO facility under this
chapter is revoked or is not renewed.
(C) If any of the events described in divisions (B)(1) to (4)
of this section occur, the owner of the structure shall comply
with division (D) of this section to obtain a new license to
operate as an SRO facility.
(D) Beginning on the effective date of this amendment
September 12, 2008, the state fire marshal shall not issue a new
license to operate a facility as an SRO facility, and shall not
renew such a license issued under this division, unless the SRO
facility is constructed providing individual sleeping rooms for
each guest; has, on a per-room or a communal basis within each
building to be licensed as an SRO facility, permanent provisions
for living, eating, cooking, and sanitation; and is constructed in
accordance with the requirements specified for SRO facilities and
is approved by the building official having jurisdiction over that
facility to be an SRO facility. An SRO facility subject to this
division shall only operate with, and shall properly maintain,
individual sleeping rooms for each guest and shall only operate
with, and shall properly maintain, on a per-room or communal
basis, permanent provisions available to all guests for living,
eating, cooking, and sanitation.
(E) The state fire marshal may, pursuant to division (A) of
this section, adopt rules establishing a fire code and sanitary
standards compliance incentive program for persons required to
procure a license for a hotel under section 3731.03 of the Revised
Code. The rules may include provisions for the creation of a "Safe
Stay Hotel" designation by the state fire marshal, the standards a
licensed hotel must meet to achieve and maintain that designation,
the procedures the state fire marshal shall use to publish and
maintain a registry of hotels receiving that designation, and any
monetary incentives offered by the state fire marshal to encourage
a licensed hotel to achieve and maintain that designation. At a
minimum, no hotel may be designated as a "Safe Stay Hotel" or
maintain such a designation unless it meets the fire code and
sanitary compliance standards established pursuant to this section
for a continuous period of at least twenty-four months.
Nothing in this division shall be construed to limit the
power of this state, the department of commerce, the state fire
marshal, or any other political subdivision of the state to
administer and enforce any other sections of this chapter or any
other applicable laws, rules, and regulations. Nothing in this
division shall be construed to require the state fire marshal to
designate a hotel as a "Safe Stay Hotel" or require the state fire
marshal to award a monetary incentive to a hotel in any manner
that is inconsistent or in conflict with the rules adopted under
this section or any other applicable laws, rules, or regulations.
Sec. 4740.06. (A) Any individual who applies for a license
shall file a written application with the appropriate section of
the Ohio construction industry licensing board, accompanied with
the application fee as determined pursuant to section 4740.09 of
the Revised Code. The individual shall file the application not
more than sixty days nor less than thirty days prior to the date
of the examination. The application shall be on the form the
section prescribes and verified by the applicant's oath. The
applicant shall provide information satisfactory to the section
showing that the applicant meets the requirements of division (B)
of this section.
(B) To qualify to take an examination, an individual shall:
(1) Be at least eighteen years of age;
(2) Be a United States citizen or legal alien who produces
valid documentation to demonstrate the individual is a legal
resident of the United States;
(3) Either have been a tradesperson in the type of licensed
trade for which the application is filed for not less than five
years immediately prior to the date the application is filed, be a
currently registered engineer in this state with three years of
business experience in the construction industry in the trade for
which the engineer is applying to take an examination, or have
other experience acceptable to the appropriate section of the
board;
(4) Maintain contractor's liability insurance, including
without limitation, complete operations coverage, in an amount the
appropriate section of the board determines;
(5) Not have done any of the following:
(a) Been convicted of or pleaded guilty to a crime of moral
turpitude or a disqualifying offense as those terms are defined in
section 4776.10 of the Revised Code;
(b) Violated this chapter or any rule adopted pursuant to it;
(c) Obtained or renewed a license issued pursuant to this
chapter, or any order, ruling, or authorization of the board or a
section of the board by fraud, misrepresentation, or deception;
(d) Engaged in fraud, misrepresentation, or deception in the
conduct of business.
(C) When an applicant for licensure as a contractor in a
licensed trade meets the qualifications set forth in division (B)
of this section and passes the required examination, the
appropriate section of the board, within ninety days after the
application was filed, shall authorize the administrative section
of the board to license the applicant for the type of contractor's
license for which the applicant qualifies. A section of the board
may withdraw its authorization to the administrative section for
issuance of a license for good cause shown, on the condition that
notice of that withdrawal is given prior to the administrative
section's issuance of the license.
(D) All licenses a contractor holds pursuant to this chapter
shall expire annually on the same date, which shall be the
expiration date of the original license the contractor holds. An
individual holding a valid, unexpired license may renew the
license, without reexamination, by submitting an application to
the appropriate section of the board not more than ninety calendar
days before the expiration of the license, along with the renewal
fee the section requires and proof of compliance with the
applicable continuing education requirements. The applicant shall
provide information in the renewal application satisfactory to
demonstrate to the appropriate section that the applicant
continues to meet the requirements of division (B) of this
section.
Upon application and within one calendar year after a license
has expired, a section may waive any of the requirements for
renewal of a license upon finding that an applicant substantially
meets the renewal requirements or that failure to timely apply for
renewal is due to excusable neglect. A section that waives
requirements for renewal of a license may impose conditions upon
the licensee and assess a late filing fee of not more than double
the usual renewal fee. An applicant shall satisfy any condition
the section imposes before a license is reissued.
(E) An individual holding a valid license may request the
section of the board that authorized that license to place the
license in inactive status under conditions, and for a period of
time, as that section determines.
(F) Except for the ninety-day extension provided for a
license assigned to a business entity under division (D) of
section 4740.07 of the Revised Code, a license held by an
individual immediately terminates upon the death of the
individual.
(G) Nothing in any license issued by the Ohio construction
industry licensing board shall be construed to limit or eliminate
any requirement of or any license issued by the Ohio fire marshal.
(H)(1) Subject to divisions (H)(2), (3), and (4) of this
section, no trade section of the board shall adopt, maintain,
renew, or enforce any rule, or otherwise preclude in any way, an
individual from receiving or renewing a license under this chapter
due to any past criminal activity or interpretation of moral
character, except as pursuant to division (B)(5)(a) of this
section. If the section denies an individual a license or license
renewal, the reasons for such denial shall be put in writing.
(2) Except as otherwise provided in this division, if an
individual applying for a license has been convicted of or pleaded
guilty to a misdemeanor that is not a crime of moral turpitude or
a disqualifying offense less than one year prior to making the
application, the section may use its discretion in granting or
denying the individual a license. Except as otherwise provided in
this division, if an individual applying for a license has been
convicted of or pleaded guilty to a felony that is not a crime of
moral turpitude or a disqualifying offense less than three years
prior to making the application, the section may use its
discretion in granting or denying the individual a license. The
provisions in this paragraph do not apply with respect to any
offense unless the section, prior to the effective date of this
amendment September 28, 2012, was required or authorized to deny
the application based on that offense.
In all other circumstances, the section shall follow the
procedures it adopts by rule that conform to division (H)(1) of
this section.
(3) In considering a renewal of an individual's license, the
section shall not consider any conviction or plea of guilty prior
to the initial licensing. However, the board may consider a
conviction or plea of guilty if it occurred after the individual
was initially licensed, or after the most recent license renewal.
(4) The section may grant an individual a conditional license
that lasts for one year. After the one-year period has expired,
the license is no longer considered conditional, and the
individual shall be considered fully licensed.
(I) Notwithstanding divisions (D) and (H) of this section and
sections 4740.04 and 4740.05 of the Revised Code, the board may
establish rules that amend the continuing education requirements
and license renewal schedule for licensees as provided in or
adopted pursuant to those sections for the purpose of establishing
a compliance incentive program. These rules may include provisions
for the creation of the program and the qualifications, continuing
education requirements, and renewal schedule for the program.
Sec. 6301.11. The state board, in connection with the
department of job and family services, shall develop a methodology
for identifying jobs that are in demand by employers operating in
this state.
The department in consultation with the state board shall use
the methodology to create a list of such in-demand jobs and shall
publish the list on the web site of the department on or before
December 31, 2014. The department shall periodically update the
list to reflect evolving workforce demands in this state.
Local boards, workforce development agencies, and other
providers of workforce training shall use the list of in-demand
jobs to cultivate and prioritize workforce development activities
that correspond to the employment needs of employers operating in
this state and to assist individuals in maximizing their
employment opportunities.
Section 2. That existing sections 121.08, 122.136, 122.21,
122.25, 122.37, 122.64, 122.89, 122.94, 122.941, 149.311, 150.10,
166.13, 166.18, 184.02, 1551.34, 2329.66, 3731.02, and 4740.06 of
the Revised Code are hereby repealed.
Section 3. (A) The Chancellor of the Ohio Board of Regents,
in consultation with the parties specified in division (B) of this
section, shall develop recommendations for increasing access to
and participation in programs for adults who have not obtained a
high school diploma that offer credentials equivalent to a high
school diploma and also provide career pathways, such as an
associate degree, industry credential, or other type of career
training.
(B) In developing recommendations under division (A) of this
section, the Chancellor shall consult with all of the following:
(1) The Superintendent of Public Instruction;
(2) Representatives of the Governor's Office of Workforce
Transformation, the Department of Job and Family Services, and the
Ohio Association of Community Colleges;
(3) Representatives of career-technical planning districts
that provide post-secondary workforce education;
(4) Representatives of programs that provide adult basic and
literacy education;
(5) Representatives of any other interested parties at the
Chancellor's discretion.
(C) Not later than December 31, 2014, the Chancellor shall
prepare a report of the recommendations developed under division
(A) of this section and submit it to the Governor, the President
of the Senate, and the Speaker of the House of Representatives.
Section 4. (A) Not later than thirty days after the effective
date of this section, the legislative authority of the fund member
described in section 143.02 of the Revised Code, as enacted by
this act, that maintains the police or sheriff's department shall
hold the initial election of members to a volunteer police
officers dependents' fund board. A board member shall serve an
initial term of office beginning on the day after the member is
elected to the board and ending on the thirty-first
day of
December of the year in which the member is elected. Thereafter,
members shall be elected to the board and serve terms of office in
accordance with section 143.02 of the Revised Code, as enacted by
this act.
(B) For the initial election of board members specified in
division (A)(2) of section 143.02 of the Revised Code, the
legislative authority of the fund member that maintains the police
or sheriff's department shall do both of the following:
(1) Give notice of the election by posting it in a
conspicuous place at the headquarters of the police or sheriff's
department. Between nine a.m. and nine p.m. on the day designated,
each person eligible to vote shall send in writing the name of two
persons eligible to be elected to the board who are the person's
choices.
(2) Count and record all votes cast at the election and
announce the result. The two persons receiving the highest number
of votes are elected. If there is a tie vote for any two persons,
the election shall be decided by lot or in any other way agreed on
by the persons for whom the tie vote was cast.
Section 5. Section 2329.66 of the Revised Code is presented
in this act as a composite of the section as amended by both Sub.
H.B. 479 and Sub. S.B. 343 of the 129th General Assembly. The
General Assembly, applying the principle stated in division (B) of
section 1.52 of the Revised Code that amendments are to be
harmonized if reasonably capable of simultaneous operation, finds
that the composite is the resulting version of the section in
effect prior to the effective date of the section as presented in
this act.
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