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Am. Sub. H. B. No. 494 As Passed by the SenateAs Passed by the Senate
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsors:
Representatives Hagan, C., Slesnick, Slaby, Amstutz, Landis, Barborak, Blair, Boose, Brown, Burkley, Damschroder, Grossman, Hackett, Hill, Maag, Young, Adams, R., Hottinger, Williams, Rogers, Adams, J., Anielski, Antonio, Beck, Blessing, Green, Huffman, Johnson, McClain, Milkovich, Patterson, Romanchuk, Ruhl, Scherer, Sheehy, Terhar, Thompson
Senators Beagle, Burke, Cafaro, Eklund, Lehner, Patton, Peterson, Schiavoni, Seitz
A BILL
To amend sections 133.01, 715.70, 715.71, 715.74,
4301.80, 4303.181, 4504.08, 4504.09, 5747.24,
5747.331, and 5751.52, to enact sections 4504.22
and 5595.01 to 5595.13 of the Revised Code, to
amend Section 9 of Am. Sub. H.B. 386 of the 129th
General Assembly, as subsequently amended, to
amend Section 363.487 of Am. Sub. H.B. 59 of the
130th General Assembly, and to amend Section
363.10 of Am. Sub. H.B. 59 of the 130th General
Assembly, as subsequently amended, to authorize
counties to undertake regional transportation
improvement projects funded by the issuance of
securities and by revenue pledges from the state
and political subdivisions and taxing districts
located within the cooperating counties, to
increase the amount of time a person may spend in
Ohio before being presumed to be a resident for
state income tax purposes, to authorize taxpayers
eligible to claim a tax credit for qualified
research and development loan payments to claim
the credit, retroactive to taxable years beginning
in 2008, against the income tax, to authorize
municipal corporations and townships to create a
community entertainment district as part of a
joint economic development district contract, to
make changes to video lottery terminal facilities,
and to make an appropriation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 133.01, 715.70, 715.71, 715.74,
4301.80, 4303.181, 4504.08, 4504.09, 5747.24, 5747.331, and
5751.52 be amended and sections 4504.22, 5595.01, 5595.02,
5595.03, 5595.04, 5595.05, 5595.06, 5595.07, 5595.08, 5595.09,
5595.10, 5595.11, 5595.12, and 5595.13 of the Revised Code be
enacted to read as follows:
Sec. 133.01. As used in this chapter, in sections 9.95,
9.96, and 2151.655 of the Revised Code, in other sections of the
Revised Code that make reference to this chapter unless the
context does not permit, and in related proceedings, unless
otherwise expressly provided:
(A) "Acquisition" as applied to real or personal property
includes, among other forms of acquisition, acquisition by
exercise of a purchase option, and acquisition of interests in
property, including, without limitation, easements and
rights-of-way, and leasehold and other lease interests initially
extending or extendable for a period of at least sixty months.
(B) "Anticipatory securities" means securities, including
notes, issued in anticipation of the issuance of other securities.
(C) "Board of elections" means the county board of elections
of the county in which the subdivision is located. If the
subdivision is located in more than one county, "board of
elections" means the county board of elections of the county that
contains the largest portion of the population of the subdivision
or that otherwise has jurisdiction in practice over and
customarily handles election matters relating to the subdivision.
(D) "Bond retirement fund" means the bond retirement fund
provided for in section 5705.09 of the Revised Code, and also
means a sinking fund or any other special fund, regardless of the
name applied to it, established by or pursuant to law or the
proceedings for the payment of debt charges. Provision may be made
in the applicable proceedings for the establishment in a bond
retirement fund of separate accounts relating to debt charges on
particular securities, or on securities payable from the same or
common sources, and for the application of moneys in those
accounts only to specified debt charges on specified securities or
categories of securities. Subject to law and any provisions in the
applicable proceedings, moneys in a bond retirement fund or
separate account in a bond retirement fund may be transferred to
other funds and accounts.
(E) "Capitalized interest" means all or a portion of the
interest payable on securities from their date to a date stated or
provided for in the applicable legislation, which interest is to
be paid from the proceeds of the securities.
(F) "Chapter 133. securities" means securities authorized by
or issued pursuant to or in accordance with this chapter.
(G) "County auditor" means the county auditor of the county
in which the subdivision is located. If the subdivision is located
in more than one county, "county auditor" means the county auditor
of the county that contains the highest amount of the tax
valuation of the subdivision or that otherwise has jurisdiction in
practice over and customarily handles property tax matters
relating to the subdivision. In the case of a county that has
adopted a charter, "county auditor" means the officer who
generally has the duties and functions provided in the Revised
Code for a county auditor.
(H) "Credit enhancement facilities" means letters of credit,
lines of credit, stand-by, contingent, or firm securities purchase
agreements, insurance, or surety arrangements, guarantees, and
other arrangements that provide for direct or contingent payment
of debt charges, for security or additional security in the event
of nonpayment or default in respect of securities, or for making
payment of debt charges to and at the option and on demand of
securities holders or at the option of the issuer or upon certain
conditions occurring under put or similar arrangements, or for
otherwise supporting the credit or liquidity of the securities,
and includes credit, reimbursement, marketing, remarketing,
indexing, carrying, interest rate hedge, and subrogation
agreements, and other agreements and arrangements for payment and
reimbursement of the person providing the credit enhancement
facility and the security for that payment and reimbursement.
(I) "Current operating expenses" or "current expenses" means
the lawful expenditures of a subdivision, except those for
permanent improvements and for payments of debt charges of the
subdivision.
(J) "Debt charges" means the principal, including any
mandatory sinking fund deposits and mandatory redemption payments,
interest, and any redemption premium, payable on securities as
those payments come due and are payable. The use of "debt charges"
for this purpose does not imply that any particular securities
constitute debt within the meaning of the Ohio Constitution or
other laws.
(K) "Financing costs" means all costs and expenses relating
to the authorization, including any required election, issuance,
sale, delivery, authentication, deposit, custody, clearing,
registration, transfer, exchange, fractionalization, replacement,
payment, and servicing of securities, including, without
limitation, costs and expenses for or relating to publication and
printing, postage, delivery, preliminary and final official
statements, offering circulars, and informational statements,
travel and transportation, underwriters, placement agents,
investment bankers, paying agents, registrars, authenticating
agents, remarketing agents, custodians, clearing agencies or
corporations, securities depositories, financial advisory
services, certifications, audits, federal or state regulatory
agencies, accounting and computation services, legal services and
obtaining approving legal opinions and other legal opinions,
credit ratings, redemption premiums, and credit enhancement
facilities. Financing costs may be paid from any moneys available
for the purpose, including, unless otherwise provided in the
proceedings, from the proceeds of the securities to which they
relate and, as to future financing costs, from the same sources
from which debt charges on the securities are paid and as though
debt charges.
(L) "Fiscal officer" means the following, or, in the case of
absence or vacancy in the office, a deputy or assistant authorized
by law or charter to act in the place of the named officer, or if
there is no such authorization then the deputy or assistant
authorized by legislation to act in the place of the named officer
for purposes of this chapter, in the case of the following
subdivisions:
(1) A county, the county auditor;
(2) A municipal corporation, the city auditor or village
clerk or clerk-treasurer, or the officer who, by virtue of a
charter, has the duties and functions provided in the Revised Code
for the city auditor or village clerk or clerk-treasurer;
(3) A school district, the treasurer of the board of
education;
(4) A regional water and sewer district, the secretary of the
board of trustees;
(5) A joint township hospital district, the treasurer of the
district;
(6) A joint ambulance district, the clerk of the board of
trustees;
(7) A joint recreation district, the person designated
pursuant to section 755.15 of the Revised Code;
(8) A detention facility district or a district organized
under section 2151.65 of the Revised Code or a combined district
organized under sections 2152.41 and 2151.65 of the Revised Code,
the county auditor of the county designated by law to act as the
auditor of the district;
(9) A township, a fire district organized under division (C)
of section 505.37 of the Revised Code, or a township police
district, the fiscal officer of the township;
(10) A joint fire district, the clerk of the board of
trustees of that district;
(11) A regional or county library district, the person
responsible for the financial affairs of that district;
(12) A joint solid waste management district, the fiscal
officer appointed by the board of directors of the district under
section 343.01 of the Revised Code;
(13) A joint emergency medical services district, the person
appointed as fiscal officer pursuant to division (D) of section
307.053 of the Revised Code;
(14) A fire and ambulance district, the person appointed as
fiscal officer under division (B) of section 505.375 of the
Revised Code;
(15) A subdivision described in division (MM)(19) of this
section, the officer who is designated by law as or performs the
functions of its chief fiscal officer;
(16) A joint police district, the treasurer of the district;
(17) A lake facilities authority, the fiscal officer
designated under section 353.02 of the Revised Code;
(18) A regional transportation improvement project, the
county auditor designated under section 5595.10 of the Revised
Code.
(M) "Fiscal year" has the same meaning as in section 9.34 of
the Revised Code.
(N) "Fractionalized interests in public obligations" means
participations, certificates of participation, shares, or other
instruments or agreements, separate from the public obligations
themselves, evidencing ownership of interests in public
obligations or of rights to receive payments of, or on account of,
principal or interest or their equivalents payable by or on behalf
of an obligor pursuant to public obligations.
(O) "Fully registered securities" means securities in
certificated or uncertificated form, registered as to both
principal and interest in the name of the owner.
(P) "Fund" means to provide for the payment of debt charges
and expenses related to that payment at or prior to retirement by
purchase, call for redemption, payment at maturity, or otherwise.
(Q) "General obligation" means securities to the payment of
debt charges on which the full faith and credit and the general
property taxing power, including taxes within the tax limitation
if available to the subdivision, of the subdivision are pledged.
(R) "Interest" or "interest equivalent" means those payments
or portions of payments, however denominated, that constitute or
represent consideration for forbearing the collection of money, or
for deferring the receipt of payment of money to a future time.
(S) "Internal Revenue Code" means the "Internal Revenue Code
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1 et seq., as amended, and
includes any laws of the United States providing for application
of that code.
(T) "Issuer" means any public issuer and any nonprofit
corporation authorized to issue securities for or on behalf of any
public issuer.
(U) "Legislation" means an ordinance or resolution passed by
a majority affirmative vote of the then members of the taxing
authority unless a different vote is required by charter
provisions governing the passage of the particular legislation by
the taxing authority.
(V) "Mandatory sinking fund redemption requirements" means
amounts required by proceedings to be deposited in a bond
retirement fund for the purpose of paying in any year or fiscal
year by mandatory redemption prior to stated maturity the
principal of securities that is due and payable, except for
mandatory prior redemption requirements as provided in those
proceedings, in a subsequent year or fiscal year.
(W) "Mandatory sinking fund requirements" means amounts
required by proceedings to be deposited in a year or fiscal year
in a bond retirement fund for the purpose of paying the principal
of securities that is due and payable in a subsequent year or
fiscal year.
(X) "Net indebtedness" has the same meaning as in division
(A) of section 133.04 of the Revised Code.
(Y) "Obligor," in the case of securities or fractionalized
interests in public obligations issued by another person the debt
charges or their equivalents on which are payable from payments
made by a public issuer, means that public issuer.
(Z) "One purpose" relating to permanent improvements means
any one permanent improvement or group or category of permanent
improvements for the same utility, enterprise, system, or project,
development or redevelopment project, or for or devoted to the
same general purpose, function, or use or for which
self-supporting securities, based on the same or different sources
of revenues, may be issued or for which special assessments may be
levied by a single ordinance or resolution. "One purpose"
includes, but is not limited to, in any case any off-street
parking facilities relating to another permanent improvement, and:
(1) Any number of roads, highways, streets, bridges,
sidewalks, and viaducts;
(2) Any number of off-street parking facilities;
(3) In the case of a county, any number of permanent
improvements for courthouse, jail, county offices, and other
county buildings, and related facilities;
(4) In the case of a school district, any number of
facilities and buildings for school district purposes, and related
facilities.
(AA) "Outstanding," referring to securities, means securities
that have been issued, delivered, and paid for, except any of the
following:
(1) Securities canceled upon surrender, exchange, or
transfer, or upon payment or redemption;
(2) Securities in replacement of which or in exchange for
which other securities have been issued;
(3) Securities for the payment, or redemption or purchase for
cancellation prior to maturity, of which sufficient moneys or
investments, in accordance with the applicable legislation or
other proceedings or any applicable law, by mandatory sinking fund
redemption requirements, mandatory sinking fund requirements, or
otherwise, have been deposited, and credited for the purpose in a
bond retirement fund or with a trustee or paying or escrow agent,
whether at or prior to their maturity or redemption, and, in the
case of securities to be redeemed prior to their stated maturity,
notice of redemption has been given or satisfactory arrangements
have been made for giving notice of that redemption, or waiver of
that notice by or on behalf of the affected security holders has
been filed with the subdivision or its agent for the purpose.
(BB) "Paying agent" means the one or more banks, trust
companies, or other financial institutions or qualified persons,
including an appropriate office or officer of the subdivision,
designated as a paying agent or place of payment of debt charges
on the particular securities.
(CC) "Permanent improvement" or "improvement" means any
property, asset, or improvement certified by the fiscal officer,
which certification is conclusive, as having an estimated life or
period of usefulness of five years or more, and includes, but is
not limited to, real estate, buildings, and personal property and
interests in real estate, buildings, and personal property,
equipment, furnishings, and site improvements, and reconstruction,
rehabilitation, renovation, installation, improvement,
enlargement, and extension of property, assets, or improvements so
certified as having an estimated life or period of usefulness of
five years or more. The acquisition of all the stock ownership of
a corporation is the acquisition of a permanent improvement to the
extent that the value of that stock is represented by permanent
improvements. A permanent improvement for parking, highway, road,
and street purposes includes resurfacing, but does not include
ordinary repair.
(DD) "Person" has the same meaning as in section 1.59 of the
Revised Code and also includes any federal, state, interstate,
regional, or local governmental agency, any subdivision, and any
combination of those persons.
(EE) "Proceedings" means the legislation, certifications,
notices, orders, sale proceedings, trust agreement or indenture,
mortgage, lease, lease-purchase agreement, assignment, credit
enhancement facility agreements, and other agreements,
instruments, and documents, as amended and supplemented, and any
election proceedings, authorizing, or providing for the terms and
conditions applicable to, or providing for the security or sale or
award of, public obligations, and includes the provisions set
forth or incorporated in those public obligations and proceedings.
(FF) "Public issuer" means any of the following that is
authorized by law to issue securities or enter into public
obligations:
(1) The state, including an agency, commission, officer,
institution, board, authority, or other instrumentality of the
state;
(2) A taxing authority, subdivision, district, or other local
public or governmental entity, and any combination or consortium,
or public division, district, commission, authority, department,
board, officer, or institution, thereof;
(3) Any other body corporate and politic, or other public
entity.
(GG) "Public obligations" means both of the following:
(2) Obligations of a public issuer to make payments under
installment sale, lease, lease purchase, or similar agreements,
which obligations may bear interest or interest equivalent.
(HH) "Refund" means to fund and retire outstanding
securities, including advance refunding with or without payment or
redemption prior to maturity.
(II) "Register" means the books kept and maintained by the
registrar for registration, exchange, and transfer of registered
securities.
(JJ) "Registrar" means the person responsible for keeping the
register for the particular registered securities, designated by
or pursuant to the proceedings.
(KK) "Securities" means bonds, notes, certificates of
indebtedness, commercial paper, and other instruments in writing,
including, unless the context does not admit, anticipatory
securities, issued by an issuer to evidence its obligation to
repay money borrowed, or to pay interest, by, or to pay at any
future time other money obligations of, the issuer of the
securities, but not including public obligations described in
division (GG)(2) of this section.
(LL) "Self-supporting securities" means securities or
portions of securities issued for the purpose of paying costs of
permanent improvements to the extent that receipts of the
subdivision, other than the proceeds of taxes levied by that
subdivision, derived from or with respect to the improvements or
the operation of the improvements being financed, or the
enterprise, system, project, or category of improvements of which
the improvements being financed are part, are estimated by the
fiscal officer to be sufficient to pay the current expenses of
that operation or of those improvements or enterprise, system,
project, or categories of improvements and the debt charges
payable from those receipts on securities issued for the purpose.
Until such time as the improvements or increases in rates and
charges have been in operation or effect for a period of at least
six months, the receipts therefrom, for purposes of this
definition, shall be those estimated by the fiscal officer, except
that those receipts may include, without limitation, payments made
and to be made to the subdivision under leases or agreements in
effect at the time the estimate is made. In the case of an
operation, improvements, or enterprise, system, project, or
category of improvements without at least a six-month history of
receipts, the estimate of receipts by the fiscal officer, other
than those to be derived under leases and agreements then in
effect, shall be confirmed by the taxing authority.
(MM) "Subdivision" means any of the following:
(1) A county, including a county that has adopted a charter
under Article X, Ohio Constitution;
(2) A municipal corporation, including a municipal
corporation that has adopted a charter under Article XVIII, Ohio
Constitution;
(4) A regional water and sewer district organized under
Chapter 6119. of the Revised Code;
(5) A joint township hospital district organized under
section 513.07 of the Revised Code;
(6) A joint ambulance district organized under section 505.71
of the Revised Code;
(7) A joint recreation district organized under division (C)
of section 755.14 of the Revised Code;
(8) A detention facility district organized under section
2152.41, a district organized under section 2151.65, or a combined
district organized under sections 2152.41 and 2151.65 of the
Revised Code;
(9) A township police district organized under section 505.48
of the Revised Code;
(11) A joint fire district organized under section 505.371 of
the Revised Code;
(12) A county library district created under section 3375.19
or a regional library district created under section 3375.28 of
the Revised Code;
(13) A joint solid waste management district organized under
section 343.01 or 343.012 of the Revised Code;
(14) A joint emergency medical services district organized
under section 307.052 of the Revised Code;
(15) A fire and ambulance district organized under section
505.375 of the Revised Code;
(16) A fire district organized under division (C) of section
505.37 of the Revised Code;
(17) A joint police district organized under section 505.482
of the Revised Code;
(18) A lake facilities authority created under Chapter 353.
of the Revised Code;
(19) A regional transportation improvement project created
under Chapter 5595. of the Revised Code;
(20) Any other political subdivision or taxing district or
other local public body or agency authorized by this chapter or
other laws to issue Chapter 133. securities.
(NN) "Taxing authority" means in the case of the following
subdivisions:
(1) A county, a county library district, or a regional
library district, the board or boards of county commissioners, or
other legislative authority of a county that has adopted a charter
under Article X, Ohio Constitution, but with respect to such a
library district acting solely as agent for the board of trustees
of that district;
(2) A municipal corporation, the legislative authority;
(3) A school district, the board of education;
(4) A regional water and sewer district, a joint ambulance
district, a joint recreation district, a fire and ambulance
district, or a joint fire district, the board of trustees of the
district;
(5) A joint township hospital district, the joint township
hospital board;
(6) A detention facility district or a district organized
under section 2151.65 of the Revised Code, a combined district
organized under sections 2152.41 and 2151.65 of the Revised Code,
or a joint emergency medical services district, the joint board of
county commissioners;
(7) A township, a fire district organized under division (C)
of section 505.37 of the Revised Code, or a township police
district, the board of township trustees;
(8) A joint solid waste management district organized under
section 343.01 or 343.012 of the Revised Code, the board of
directors of the district;
(9) A subdivision described in division (MM)(19) of this
section, the legislative or governing body or official;
(10) A joint police district, the joint police district
board;
(11) A lake facilities authority, the board of directors;
(12) A regional transportation improvement project, the
governing board.
(OO) "Tax limitation" means the "ten-mill limitation" as
defined in section 5705.02 of the Revised Code without diminution
by reason of section 5705.313 of the Revised Code or otherwise,
or, in the case of a municipal corporation or county with a
different charter limitation on property taxes levied to pay debt
charges on unvoted securities, that charter limitation. Those
limitations shall be respectively referred to as the "ten-mill
limitation" and the "charter tax limitation."
(PP) "Tax valuation" means the aggregate of the valuations of
property subject to ad valorem property taxation by the
subdivision on the real property, personal property, and public
utility property tax lists and duplicates most recently certified
for collection, and shall be calculated without deductions of the
valuations of otherwise taxable property exempt in whole or in
part from taxation by reason of exemptions of certain amounts of
taxable value under division (C) of section 5709.01, tax
reductions under section 323.152 of the Revised Code, or similar
laws now or in the future in effect.
For purposes of section 133.06 of the Revised Code, "tax
valuation" shall not include the valuation of tangible personal
property used in business, telephone or telegraph property,
interexchange telecommunications company property, or personal
property owned or leased by a railroad company and used in
railroad operations listed under or described in section 5711.22,
division (B) or (F) of section 5727.111, or section 5727.12 of the
Revised Code.
(QQ) "Year" means the calendar year.
(RR) "Administrative agent," "agent," "commercial paper,"
"floating rate interest structure," "indexing agent," "interest
rate hedge," "interest rate period," "put arrangement," and
"remarketing agent" have the same meanings as in section 9.98 of
the Revised Code.
(SS) "Sales tax supported" means obligations to the payment
of debt charges on which an additional sales tax or additional
sales taxes have been pledged by the taxing authority of a county
pursuant to section 133.081 of the Revised Code.
Sec. 715.70. (A) This section and section 715.71 of the
Revised Code apply only to:
(1) Municipal corporations and townships within a county that
has adopted a charter under Sections 3 and 4 of Article X, Ohio
Constitution;
(2) Municipal corporations and townships that have created a
joint economic development district comprised entirely of real
property owned by a municipal corporation at the time the district
was created under this section. The real property owned by the
municipal corporation shall include an airport owned by the
municipal corporation and located entirely beyond the municipal
corporation's corporate boundary.
(3) Municipal corporations or townships that are part of or
contiguous to a transportation improvement district created under
Chapter 5540. of the Revised Code and that have created a joint
economic development district under this section or section 715.71
of the Revised Code prior to November 15, 1995;
(4) Municipal corporations that have previously entered into
a contract creating a joint economic development district pursuant
to division (A)(2) of this section, even if the territory to be
included in the district does not meet the requirements of that
division.
(B)(1) One or more municipal corporations and one or more
townships may enter into a contract approved by the legislative
authority of each contracting party pursuant to which they create
as a joint economic development district an area or areas for the
purpose of facilitating economic development to create or preserve
jobs and employment opportunities and to improve the economic
welfare of the people in the state and in the area of the
contracting parties. A municipal corporation described in division
(A)(4) of this section may enter into a contract with other
municipal corporations and townships to create a new joint
economic development district. In a district that includes a
municipal corporation described in division (A)(4) of this
section, the territory of each of the contracting parties shall be
contiguous to the territory of at least one other contracting
party, or contiguous to the territory of a township or municipal
corporation that is contiguous to another contracting party, even
if the intervening township or municipal corporation is not a
contracting party. The area or areas of land to be included in the
district shall not include any parcel of land owned in fee by a
municipal corporation or a township or parcel of land that is
leased to a municipal corporation or a township, unless the
municipal corporation or township is a party to the contract or
unless the municipal corporation or township has given its consent
to have its parcel of land included in the district by the
adoption of a resolution. As used in this division, "parcel of
land" means any parcel of land owned by a municipal corporation or
a township for at least a six-month period within a five-year
period prior to the creation of a district, but "parcel of land"
does not include streets or public ways and sewer, water, and
other utility lines whether owned in fee or otherwise.
The district created shall be located within the territory of
one or more of the participating parties and may consist of all or
a portion of such territory. The boundaries of the district shall
be described in the contract or in an addendum to the contract.
(2) Prior to the public hearing to be held pursuant to
division (D)(2) of this section, the participating parties shall
give a copy of the proposed contract to each municipal corporation
located within one-quarter mile of the proposed joint economic
development district and not otherwise a party to the contract,
and afford the municipal corporation the reasonable opportunity,
for a period of thirty days following receipt of the proposed
contract, to make comments and suggestions to the participating
parties regarding elements contained in the proposed contract.
(3) The district shall not exceed two thousand acres in area.
The territory of the district shall not completely surround
territory that is not included within the boundaries of the
district.
(4) Sections 503.07 to 503.12 of the Revised Code do not
apply to territory included within a district created pursuant to
this section as long as the contract creating the district is in
effect, unless the legislative authority of each municipal
corporation and the board of township trustees of each township
included in the district consent, by ordinance or resolution, to
the application of those sections of the Revised Code.
(5) Upon the execution of the contract creating the district
by the parties to the contract, a participating municipal
corporation or township included within the district shall file a
copy of the fully executed contract with the county recorder of
each county within which a party to the contract is located, in
the miscellaneous records of the county. No annexation proceeding
pursuant to Chapter 709. of the Revised Code that proposes the
annexation to, merger, or consolidation with a municipal
corporation of any unincorporated territory within the district
shall be commenced for a period of three years after the contract
is filed with the county recorder of each county within which a
party to the contract is located unless each board of township
trustees whose territory is included, in whole or part, within the
district and the territory proposed to be annexed, merged, or
consolidated adopts a resolution consenting to the commencement of
the proceeding and a copy of the resolution is filed with the
legislative authority of each county within which a party to the
contract is located or unless the contract is terminated during
this period.
The contract entered into between the municipal corporations
and townships pursuant to this section may provide for the
prohibition of any annexation by the participating municipal
corporations of any unincorporated territory within the district
beyond the three-year mandatory prohibition of any annexation
provided for in division (B)(5) of this section.
(C)(1) After the legislative authority of a municipal
corporation and the board of township trustees have adopted an
ordinance and resolution approving a contract to create a joint
economic development district pursuant to this section, and after
a contract has been signed, the municipal corporations and
townships shall jointly file a petition with the legislative
authority of each county within which a party to the contract is
located.
(a) The petition shall contain all of the following:
(i) A statement that the area or areas of the district is not
greater than two thousand acres and is located within the
territory of one or more of the contracting parties;
(ii) A brief summary of the services to be provided by each
party to the contract or a reference to the portion of the
contract describing those services;
(iii) A description of the area or areas to be designated as
the district;
(iv) The signature of a representative of each of the
contracting parties.
(b) The following documents shall be filed with the petition:
(i) A signed copy of the contract, together with copies of
district maps and plans related to or part of the contract;
(ii) A certified copy of the ordinances and resolutions of
the contracting parties approving the contract;
(iii) A certificate from each of the contracting parties
indicating that the public hearings required by division (D)(2) of
this section have been held, the date of the hearings, and
evidence of publication of the notice of the hearings;
(iv) One or more signed statements of persons who are owners
of property located in whole or in part within the area to be
designated as the district, requesting that the property be
included within the district, provided that those statements shall
represent a majority of the persons owning property located in
whole or in part within the district and persons owning a majority
of the acreage located within the district. A signature may be
withdrawn by the signer up to but not after the time of the public
hearing required by division (D)(2) of this section.
(2) The legislative authority of each county within which a
party to the contract is located shall adopt a resolution
approving the petition for the creation of the district if the
petition and other documents have been filed in accordance with
the requirements of division (C)(1) of this section. If the
petition and other documents do not substantially meet the
requirements of that division, the legislative authority of any
county within which a party to the contract is located may adopt a
resolution disapproving the petition for the creation of the
district. The legislative authority of each county within which a
party to the contract is located shall adopt a resolution
approving or disapproving the petition within thirty days after
the petition was filed. If the legislative authority of each such
county does not adopt the resolution within the thirty-day period,
the petition shall be deemed approved and the contract shall go
into effect immediately after that approval or at such other time
as the contract specifies.
(D)(1) The contract creating the district shall set forth or
provide for the amount or nature of the contribution of each
municipal corporation and township to the development and
operation of the district and may provide for the sharing of the
costs of the operation of and improvements for the district. The
contributions may be in any form to which the contracting
municipal corporations and townships agree and may include but are
not limited to the provision of services, money, real or personal
property, facilities, or equipment. The contract may provide for
the contracting parties to share revenue from taxes levied on
property by one or more of the contracting parties if those
revenues may lawfully be applied to that purpose under the
legislation by which those taxes are levied. The contract shall
provide for new, expanded, or additional services, facilities, or
improvements, including expanded or additional capacity for or
other enhancement of existing services, facilities, or
improvements, provided that those services, facilities, or
improvements, or expanded or additional capacity for or
enhancement of existing services, facilities, or improvements,
required herein have been provided within the two-year period
prior to the execution of the contract.
(2) Before the legislative authority of a municipal
corporation or a board of township trustees passes any ordinance
or resolution approving a contract to create a joint economic
development district pursuant to this section, the legislative
authority of the municipal corporation and the board of township
trustees shall each hold a public hearing concerning the joint
economic development district contract and shall provide thirty
days' public notice of the time and place of the public hearing in
a newspaper of general circulation in the municipal corporation
and the township. The board of township trustees may provide
additional notice to township residents in accordance with section
9.03 of the Revised Code, and any additional notice shall include
the public hearing announcement; a summary of the terms of the
contract; a statement that the entire text of the contract and
district maps and plans are on file for public examination in the
office of the township fiscal officer; and information pertaining
to any tax changes that will or may occur as a result of the
contract.
During the thirty-day period prior to the public hearing, a
copy of the text of the contract together with copies of district
maps and plans related to or part of the contract shall be on
file, for public examination, in the offices of the clerk of the
legislative authority of the municipal corporation and of the
township fiscal officer. The public hearing provided for in
division (D)(2) of this section shall allow for public comment and
recommendations from the public on the proposed contract. The
contracting parties may include in the contract any of those
recommendations prior to the approval of the contract.
(3) Any resolution of the board of township trustees that
approves a contract that creates a joint economic development
district pursuant to this section shall be subject to a referendum
of the electors of the township. When a referendum petition,
signed by ten per cent of the number of electors in the township
who voted for the office of governor at the most recent general
election for the office of governor, is presented to the board of
township trustees within thirty days after the board of township
trustees adopted the resolution, ordering that the resolution be
submitted to the electors of the township for their approval or
rejection, the board of township trustees shall, after ten days
and not later than four p.m. of the ninetieth day before the
election, certify the text of the resolution to the board of
elections. The board of elections shall submit the resolution to
the electors of the township for their approval or rejection at
the next general, primary, or special election occurring
subsequent to ninety days after the certifying of the petition to
the board of elections.
(4) Upon the creation of a district under this section or
section 715.71 of the Revised Code, one of the contracting parties
shall file a copy of the following with the director of
development:
(a) The petition and other documents described in division
(C)(1) of this section, if the district is created under this
section;
(b) The documents described in division (D) of section 715.71
of the Revised Code, if the district is created under this
section.
(E) The district created by the contract shall be governed by
a board of directors that shall be established by or pursuant to
the contract. The board is a public body for the purposes of
section 121.22 of the Revised Code. The provisions of Chapter
2744. of the Revised Code apply to the board and the district. The
members of the board shall be appointed as provided in the
contract from among the elected members of the legislative
authorities and the elected chief executive officers of the
contracting parties, provided that there shall be at least two
members appointed from each of the contracting parties.
(F) The contract shall enumerate the specific powers, duties,
and functions of the board of directors of a district, and the
contract shall provide for the determination of procedures that
are to govern the board of directors. The contract may grant to
the board the power to adopt a resolution to levy an income tax
within the district. The income tax shall be used for the purposes
of the district and for the purposes of the contracting municipal
corporations and townships pursuant to the contract. The income
tax may be levied in the district based on income earned by
persons working or residing within the district and based on the
net profits of businesses located in the district. The income tax
shall follow the provisions of Chapter 718. of the Revised Code,
except that a vote shall be required by the electors residing in
the district to approve the rate of income tax. If no electors
reside within the district, then division (F)(4) of this section
applies. The rate of the income tax shall be no higher than the
highest rate being levied by a municipal corporation that is a
party to the contract.
(1) Within one hundred eighty days after the first meeting of
the board of directors, the board may levy an income tax, provided
that the rate of the income tax is first submitted to and approved
by the electors of the district at the succeeding regular or
primary election, or a special election called by the board,
occurring subsequent to ninety days after a certified copy of the
resolution levying the income tax and calling for the election is
filed with the board of elections. If the voters approve the levy
of the income tax, the income tax shall be in force for the full
period of the contract establishing the district. Any increase in
the rate of an income tax that was first levied within one hundred
eighty days after the first meeting of the board of directors
shall be approved by a vote of the electors of the district, shall
be in force for the remaining period of the contract establishing
the district, and shall not be subject to division (F)(2) of this
section.
(2) Any resolution of the board of directors levying an
income tax that is adopted subsequent to one hundred eighty days
after the first meeting of the board of directors shall be subject
to a referendum as provided in division (F)(2) of this section.
Any resolution of the board of directors levying an income tax
that is adopted subsequent to one hundred eighty days after the
first meeting of the board of directors shall be subject to an
initiative proceeding to amend or repeal the resolution levying
the income tax as provided in division (F)(2) of this section.
When a referendum petition, signed by ten per cent of the number
of electors in the district who voted for the office of governor
at the most recent general election for the office of governor, is
filed with the county auditor of each county within which a party
to the contract is located within thirty days after the resolution
is adopted by the board or when an initiative petition, signed by
ten per cent of the number of electors in the district who voted
for the office of governor at the most recent general election for
the office of governor, is filed with the county auditor of each
such county ordering that a resolution to amend or repeal a prior
resolution levying an income tax be submitted to the electors
within the district for their approval or rejection, the county
auditor of each such county, after ten days and not later than
four p.m. of the ninetieth day before the election, shall certify
the text of the resolution to the board of elections of that
county. The county auditor of each such county shall retain the
petition. The board of elections shall submit the resolution to
such electors, for their approval or rejection, at the next
general, primary, or special election occurring subsequent to
ninety days after the certifying of such petition to the board of
elections.
(3) Whenever a district is located in the territory of more
than one contracting party, a majority vote of the electors, if
any, in each of the several portions of the territory of the
contracting parties constituting the district approving the levy
of the tax is required before it may be imposed pursuant to this
division.
(4) If there are no electors residing in the district, no
election for the approval or rejection of an income tax shall be
held pursuant to this section, provided that where no electors
reside in the district, the maximum rate of the income tax that
may be levied shall not exceed one per cent.
(5) The board of directors of a district levying an income
tax shall enter into an agreement with one of the municipal
corporations that is a party to the contract to administer,
collect, and enforce the income tax on behalf of the district. The
resolution levying the income tax shall provide the same credits,
if any, to residents of the district for income taxes paid to
other such districts or municipal corporations where the residents
work, as credits provided to residents of the municipal
corporation administering the income tax.
(6)(a) The board shall publish or post public notice within
the district of any resolution adopted levying an income tax in
the same manner required of municipal corporations under sections
731.21 and 731.25 of the Revised Code.
(b) Except as otherwise specified by this division, any
referendum or initiative proceeding within a district shall be
conducted in the same manner as is required for such proceedings
within a municipal corporation pursuant to sections 731.28 to
731.40 of the Revised Code.
(G) Membership on the board of directors does not constitute
the holding of a public office or employment within the meaning of
any section of the Revised Code or any charter provision
prohibiting the holding of other public office or employment, and
shall not constitute an interest, either direct or indirect, in a
contract or expenditure of money by any municipal corporation,
township, county, or other political subdivision with which the
member may be connected. No member of a board of directors shall
be disqualified from holding any public office or employment, nor
shall such member forfeit or be disqualified from holding any such
office or employment, by reason of the member's membership on the
board of directors, notwithstanding any law or charter provision
to the contrary.
(H) The powers and authorizations granted pursuant to this
section or section 715.71 of the Revised Code are in addition to
and not in derogation of all other powers granted to municipal
corporations and townships pursuant to law. When exercising a
power or performing a function or duty under a contract authorized
pursuant to this section or section 715.71 of the Revised Code, a
municipal corporation may exercise all of the powers of a
municipal corporation, and may perform all the functions and
duties of a municipal corporation, within the district, pursuant
to and to the extent consistent with the contract. When exercising
a power or performing a function or duty under a contract
authorized pursuant to this section or section 715.71 of the
Revised Code, a township may exercise all of the powers of a
township, and may perform all the functions and duties of a
township, within the district, pursuant to and to the extent
consistent with the contract. The district board of directors has
no powers except those specifically set forth in the contract as
agreed to by the participating parties. No political subdivision
shall authorize or grant any tax exemption pursuant to Chapter
1728. or section 3735.67, 5709.62, 5709.63, or 5709.632 of the
Revised Code on any property located within the district without
the consent of the contracting parties. The prohibition for any
tax exemption pursuant to this division shall not apply to any
exemption filed, pending, or approved, or for which an agreement
has been entered into, before the effective date of the contract
entered into by the parties.
(I) Municipal corporations and townships may enter into
binding agreements pursuant to a contract authorized under this
section or section 715.71 of the Revised Code with respect to the
substance and administration of zoning and other land use
regulations, building codes, public permanent improvements, and
other regulatory and proprietary matters that are determined,
pursuant to the contract, to be for a public purpose and to be
desirable with respect to the operation of the district or to
facilitate new or expanded economic development in the state or
the district, provided that no contract shall exempt the territory
within the district from the procedures and processes of land use
regulation applicable pursuant to municipal corporation, township,
and county regulations, including but not limited to procedures
and processes concerning zoning.
(J) A contract creating a joint economic development district
under this section or section 715.71 of the Revised Code may
designate property as a community entertainment district or may be
amended to designate property as a community entertainment
district as prescribed in division (D) of section 4301.80 of the
Revised Code. A joint economic development district contract or
amendment designating a community entertainment district shall
include all information and documentation described in divisions
(B)(1) through (6) of section 4301.80 of the Revised Code. The
public notice required under division (D)(2) of this section and
division (C) of section 715.71 of the Revised Code shall specify
that the contract designates a community entertainment district
and describe the location of that district. Except as provided in
division (F) of section 4301.80 of the Revised Code, an area
designated as a community entertainment district under a joint
economic development district contract shall not lose its
designation even if the contract is canceled or terminated.
(K) A contract entered into pursuant to this section or
section 715.71 of the Revised Code may be amended and it may be
renewed, canceled, or terminated as provided in or pursuant to the
contract. The contract may be amended to add property owned by one
of the contracting parties to the district, or may be amended to
delete property from the district whether or not one of the
contracting parties owns the deleted property. The contract shall
continue in existence throughout its term and shall be binding on
the contracting parties and on any entities succeeding to such
parties, whether by annexation, merger, or otherwise. The income
tax levied by the board pursuant to this section or section 715.71
of the Revised Code shall apply in the entire district throughout
the term of the contract, notwithstanding that all or a portion of
the district becomes subject to annexation, merger, or
incorporation. No township or municipal corporation is divested of
its rights or obligations under the contract because of
annexation, merger, or succession of interests.
(K)(L) After the creation of a joint economic development
district described in division (A)(2) of this section, a municipal
corporation that is a contracting party may cease to own property
included in the district, but such property shall continue to be
included in the district and subject to the terms of the contract.
Sec. 715.71. (A) This section provides alternative
procedures and requirements to those set forth in section 715.70
of the Revised Code for creating and operating a joint economic
development district. Divisions (B), (C), (D)(1) to (3), and (F)
of section 715.70 of the Revised Code do not apply to a joint
economic development district established under this section.
However, divisions (A), (D)(4), (E), (G), (H), (I), (J), and (K),
and (L) of section 715.70 of the Revised Code do apply to a
district established under this section.
(B) One or more municipal corporations and one or more
townships may enter into a contract approved by the legislative
authority of each contracting party pursuant to which they create
as a joint economic development district one or more areas for the
purpose of facilitating economic development to create or preserve
jobs and employment opportunities and to improve the economic
welfare of the people in this state and in the area of the
contracting parties. The district created shall be located within
the territory of one or more of the contracting parties and may
consist of all or a portion of that territory. The boundaries of
the district shall be described in the contract or in an addendum
to the contract. The area or areas of land to be included in the
district shall not include any parcel of land owned in fee by or
leased to a municipal corporation or township, unless the
municipal corporation or township is a party to the contract or
has given its consent to have its parcel of land included in the
district by the adoption of a resolution. As used in this
division, "parcel of land" has the same meaning as in division (B)
of section 715.70 of the Revised Code.
(C) Before the legislative authority of a municipal
corporation or a board of township trustees adopts an ordinance or
resolution approving a contract to create a joint economic
development district under this section, it shall hold a public
hearing concerning the joint economic development district
contract and shall provide thirty days' public notice of the time
and place of the public hearing in a newspaper of general
circulation in the municipal corporation and the township. Each
municipal corporation and township that is a party to the contract
shall hold a public hearing. During the thirty-day period prior to
a public hearing, a copy of the text of the contract together with
copies of district maps and plans related to or part of the
contract shall be on file, for public examination, in the offices
of the clerk of the legislative authority of the municipal
corporation and of the township fiscal officer. The public
hearings provided for in this division shall allow for public
comment and recommendations on the proposed contract. The
participating parties may include in the contract any of those
recommendations prior to approval of the contract.
(D) After the legislative authority of a municipal
corporation and the board of township trustees have adopted an
ordinance and resolution approving a contract to create a joint
economic development district, the municipal corporation and the
township jointly shall file with the legislative authority of each
county within which a party to the contract is located all of the
following:
(1) A signed copy of the contract, together with copies of
district maps and plans related to or part of the contract;
(2) Certified copies of the ordinances and resolutions of the
contracting parties relating to the district and the contract;
(3) A certificate of each of the contracting parties that the
public hearings provided for in division (C) of this section have
been held, the date of the hearings, and evidence of publication
of the notice of the hearings.
(E) Within thirty days after the filing under division (D) of
this section, the legislative authority of each county within
which a party to the contract is located shall adopt a resolution
acknowledging the receipt of the required documents, approving the
creation of the joint economic development district, and directing
that the resolution of the board of township trustees approving
the contract be submitted to the electors of the township for
approval at the next succeeding general, primary, or special
election. The legislative authority of the county shall file with
the board of elections at least ninety days before the day of the
election a copy of the resolution of the board of township
trustees approving the contract. The resolution of the legislative
authority of the county also shall specify the date the election
is to be held and shall direct the board of elections to conduct
the election in the township. If the resolution of the legislative
authority of the county is not adopted within the thirty-day
period after the filing under division (D) of this section, the
joint economic development district shall be deemed approved by
the county legislative authority, and the board of township
trustees shall file its resolution with the board of elections for
submission to the electors of the township for approval at the
next succeeding general, primary, or special election. The filing
shall occur at least ninety days before the specified date the
election is to be held and shall direct the board of elections to
conduct the election in the township.
The ballot shall be in the following form:
"Shall the resolution of the board of township trustees
approving the contract with ............... (here insert name of
each municipal corporation and other township that is a party to
the contract) for the creation of a joint economic development
district be approved?
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FOR THE RESOLUTION AND CONTRACT |
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AGAINST THE RESOLUTION AND CONTRACT |
" |
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If a majority of the electors of the township voting on the issue
vote for the resolution and contract, the resolution shall become
effective immediately and the contract shall go into effect
immediately or in accordance with its terms.
(F) The contract creating the district shall set forth or
provide for the amount or nature of the contribution of each
municipal corporation and township to the development and
operation of the district and may provide for the sharing of the
costs of the operation of and improvements for the district. The
contributions may be in any form to which the contracting
municipal corporations and townships agree and may include but are
not limited to the provision of services, money, real or personal
property, facilities, or equipment. The contract may provide for
the contracting parties to share revenue from taxes levied on
property by one or more of the contracting parties if those
revenues may lawfully be applied to that purpose under the
legislation by which those taxes are levied. The contract shall
provide for new, expanded, or additional services, facilities, or
improvements, including expanded or additional capacity for or
other enhancement of existing services, facilities, or
improvements, provided that the existing services, facilities, or
improvements, or the expanded or additional capacity for or
enhancement of the existing services, facilities, or improvements,
have been provided within the two-year period prior to the
execution of the contract.
(G) The contract shall enumerate the specific powers, duties,
and functions of the board of directors of the district and shall
provide for the determination of procedures that are to govern the
board of directors. The contract may grant to the board the power
to adopt a resolution to levy an income tax within the district.
The income tax shall be used for the purposes of the district and
for the purposes of the contracting municipal corporations and
townships pursuant to the contract. The income tax may be levied
in the district based on income earned by persons working or
residing within the district and based on the net profits of
businesses located in the district. The income tax of the district
shall follow the provisions of Chapter 718. of the Revised Code,
except that no vote shall be required by the electors residing in
the district. The rate of the income tax shall be no higher than
the highest rate being levied by a municipal corporation that is a
party to the contract.
The board of directors of a district levying an income tax
shall enter into an agreement with one of the municipal
corporations that is a party to the contract to administer,
collect, and enforce the income tax on behalf of the district. The
resolution levying the income tax shall provide the same credits,
if any, to residents of the district for income taxes paid to
other districts or municipal corporations where the residents
work, as credits provided to residents of the municipal
corporation administering the income tax.
(H) No annexation proceeding pursuant to Chapter 709. of the
Revised Code that proposes the annexation to or merger or
consolidation with a municipal corporation, except a municipal
corporation that is a party to the contract, of any unincorporated
territory within the district shall be commenced for a period of
three years after the contract is filed with the legislative
authority of each county within which a party to the contract is
located in accordance with division (D) of this section unless
each board of township trustees whose territory is included, in
whole or part, within the district and the territory proposed to
be annexed, merged, or consolidated adopts a resolution consenting
to the commencement of the proceeding and a copy of the resolution
is filed with the legislative authority of each such county or
unless the contract is terminated during this three-year period.
The contract entered into between the municipal corporations and
townships pursuant to this section may provide for the prohibition
of any annexation by the participating municipal corporations of
any unincorporated territory within the district.
Sec. 715.74. (A) The contract creating a joint economic
development district shall provide for the amount or nature of the
contribution of each contracting party to the development and
operation of the district and may provide for the sharing of the
costs of the operation of and improvements for the district. The
contributions may be in any form to which the contracting parties
agree and may include, but are not limited to, the provision of
services, money, real or personal property, facilities, or
equipment. The contract may provide for the contracting parties to
share revenue from taxes levied by one or more of the contracting
parties, if those revenues may lawfully be applied to that purpose
under the legislation by which those taxes are levied. The
contract shall specify and provide for new, expanded, or
additional services, facilities, or improvements. The contract may
provide for expanded or additional capacity for or other
enhancement of existing services, facilities, or improvements.
(B) The contract shall enumerate the specific powers, duties,
and functions of the board of directors of the district described
under section 715.78 of the Revised Code and shall provide for the
determination of procedures that are to govern the board.
(C)(1) The contract may grant to the board the power to adopt
a resolution to levy an income tax within the district and the
contract may designate certain portions of the district where such
an income tax may be levied. The income tax shall be used for the
purposes of the district or any portion of the district in which
the contract authorizes an income tax and for the purposes of the
contracting parties pursuant to the contract. The income tax may
be levied in the district based on income earned by persons
working within the district and based on the net profits of
businesses located in the district, but the income of an
individual who resides in the district shall not be subject to
such income tax unless the income is received for personal
services performed in the district. The income tax of the district
shall follow the provisions of Chapter 718. of the Revised Code,
except that no vote shall be required. The rate of the income tax
shall be no higher than the highest rate being levied by a
municipal corporation that is a contracting party.
(2) If the board adopts a resolution to levy an income tax,
it shall enter into an agreement with a municipal corporation that
is a contracting party to administer, collect, and enforce the
income tax on behalf of the district.
(3) A resolution levying an income tax under this section
shall require the contracting parties to annually set aside a
percentage, to be stated in the resolution, of the amount of the
income tax collected for the long-term maintenance of the
district.
(4) An income tax levied under this section shall apply in
the district or any portion of the district in which the contract
authorizes an income tax throughout the term of the contract
creating the district, notwithstanding that all or a portion of
the district becomes subject to annexation, merger, or
consolidation.
(D) The contract creating a joint economic development
district shall continue in existence throughout its term and shall
be binding on the contracting parties and on any parties
succeeding to the contracting parties, whether by annexation,
merger, or consolidation. Except as provided in division (E) of
this section, the contract may be amended, renewed, or terminated
with the approval of the contracting parties or any parties
succeeding to the contracting parties. If the contract is amended
to add area to an existing district, the amendment shall be
adopted in the manner prescribed under section 715.761 of the
Revised Code.
(E) If two or more contracting parties previously have
entered into a separate contract for utility services, then
amendment, renewal, or termination of the separate contract for
utility services shall not constitute any part of the
consideration for the contract creating a joint economic
development district. A contract creating a joint economic
development district shall be rebuttably presumed to violate this
division if it is entered into within two years prior or five
years subsequent to the amendment, renewal, or termination of a
separate contract for utility services that two or more
contracting parties previously have entered into. The presumption
stated in this division may be rebutted by clear and convincing
evidence of both of the following:
(1) That other substantial consideration existed to support
the contract creating a joint economic development district;
(2) That the contracting parties entered into the contract
creating a joint economic development district freely and without
duress or coercion related to the amendment, renewal, or
termination of the separate contract for utility services.
(F) A contract creating a joint economic development district
that violates division (E) of this section is void and
unenforceable.
(G) The contract may designate property as a community
entertainment district or may be amended to designate property as
a community entertainment district as prescribed in division (D)
of section 4301.80 of the Revised Code. A contract or amendment
designating a community entertainment district shall include all
information and documentation described in divisions (B)(1)
through (6) of section 4301.80 of the Revised Code. The public
notice required under section 715.75 of the Revised Code shall
specify that the contract designates a community entertainment
district and describe the location of that district. Except as
provided in division (F) of section 4301.80 of the Revised Code,
an area designated as a community entertainment district under a
joint economic development district contract shall not lose its
designation even if the contract is canceled or terminated.
Sec. 4301.80. (A) As used in this section, "community
entertainment district" means a bounded area that includes or will
include a combination of entertainment, retail, educational,
sporting, social, cultural, or arts establishments within close
proximity to some or all of the following types of establishments
within the district, or other types of establishments similar to
these:
(3) Retail sales establishments;
(4) Enclosed shopping centers;
(6) Performing arts theaters;
(7) Motion picture theaters;
(9) Convention facilities;
(11) Entertainment facilities or complexes;
(12) Any combination of the establishments described in
division (A)(1) to (11) of this section that provide similar
services to the community.
(B) Any owner of property located in a municipal corporation
seeking to have that property, or that property and other
surrounding property, designated as a community entertainment
district shall file an application seeking this designation with
the mayor of the municipal corporation in which that property is
located. Any owner of property located in the unincorporated area
of a township seeking to have that property, or that property and
other surrounding property, designated as a community
entertainment district shall file an application seeking this
designation with the board of township trustees of the township in
whose unincorporated area that property is located. An application
to designate an area as a community entertainment district shall
contain all of the following:
(1) The applicant's name and address;
(2) A map or survey of the proposed community entertainment
district in sufficient detail to identify the boundaries of the
district and the property owned by the applicant;
(3) A general statement of the nature and types of
establishments described in division (A) of this section that are
or will be located within the proposed community improvement
district and any other establishments located in the proposed
community entertainment district that are not described in
division (A) of this section;
(4) If some or all of the establishments within the proposed
community entertainment district have not yet been developed, the
proposed time frame for completing the development of these
establishments;
(5) Evidence that the uses of land within the proposed
community entertainment district are in accord with the municipal
corporation's or township's master zoning plan or map;
(6) A certificate from a surveyor or engineer licensed under
Chapter 4733. of the Revised Code indicating that the area
encompassed by the proposed community entertainment district
contains no less than twenty contiguous acres;
(7) A handling and processing fee to accompany the
application, payable to the applicable municipal corporation or
township, in an amount determined by that municipal corporation or
township.
(C) An application described in division (B) of this section
relating to an area located in a municipal corporation shall be
addressed and submitted to the mayor of the municipal corporation
in which the area described in the application is located. The
mayor, within thirty days after receiving the application, shall
submit the application with the mayor's recommendation to the
legislative authority of the municipal corporation. An application
described in division (B) of this section relating to an area
located in the unincorporated area of a township shall be
addressed and submitted to the board of township trustees of the
township in whose unincorporated area the area described in the
application is located. The application is a public record for
purposes of section 149.43 of the Revised Code upon its receipt by
the mayor or board of township trustees.
Within thirty days after it receives the application and the
mayor's recommendations relating to the application, the
legislative authority of the municipal corporation, by notice
published once a week for two consecutive weeks in one newspaper
of general circulation in the municipal corporation or as provided
in section 7.16 of the Revised Code, shall notify the public that
the application is on file in the office of the clerk of the
municipal corporation and is available for inspection by the
public during regular business hours. Within thirty days after it
receives the application, the board of township trustees, by
notice published once a week for two consecutive weeks in one
newspaper of general circulation in the township or as provided in
section 7.16 of the Revised Code, shall notify the public that the
application is on file in the office of the township fiscal
officer and is available for inspection by the public during
regular business hours. The notice shall also indicate the date
and time of any public hearing by the legislative authority or
board of township trustees on the application.
Within seventy-five days after the date the application is
filed with the mayor of a municipal corporation, the legislative
authority of the municipal corporation by ordinance or resolution
shall approve or disapprove the application based on whether the
proposed community entertainment district does or will
substantially contribute to entertainment, retail, educational,
sporting, social, cultural, or arts opportunities for the
community. The community considered shall at a minimum include the
municipal corporation in which the community is located. Any
approval of an application shall be by an affirmative majority
vote of the legislative authority.
Within seventy-five days after the date the application is
filed with a board of township trustees, the board by resolution
shall approve or disapprove the application based on whether the
proposed community entertainment district does or will
substantially contribute to entertainment, retail, educational,
sporting, social, cultural, or arts opportunities for the
community. The community considered shall at a minimum include the
township in which the community is located. Any approval of an
application shall be by an affirmative majority vote of the board
of township trustees.
If the legislative authority or board of township trustees
disapproves the application, the applicant may make changes in the
application to secure its approval by the legislative authority or
board of township trustees. Any area approved by the legislative
authority or board of township trustees constitutes a community
entertainment district, and a local option election may be
conducted in the district, as a type of community facility, under
section 4301.356 of the Revised Code.
(D) Subject to the limitations prescribed by this division
and alternative to the procedure described in divisions (B) and
(C) of this section, a municipal corporation or township may
designate property as a community entertainment district pursuant
to a joint economic development district contract entered into
under section 715.70 or 715.71 or sections 715.72 to 715.81 of the
Revised Code. A municipal corporation or township may not
designate property as a community entertainment district under
this division unless all of the following apply:
(1) The property is located in the joint economic development
district;
(2) The owner of the property consents in writing to
designation of the property as a community entertainment district;
(3) Designation of the property as a community entertainment
district will substantially contribute to entertainment, retail,
educational, sporting, social, cultural, or arts opportunities for
the community. The proposed community to be considered for this
purpose shall at a minimum include the township or municipal
corporation in which the community is located and the entire area
included in the joint economic development district.
For the purposes of this section, a community entertainment
district designated under division (D) of this section is located
in the municipal corporation or township that encompasses more of
the district's territory than any other municipal corporation or
township.
(E) All or part of an area designated as a community
entertainment district under divisions (B) and (C) of this section
may lose this designation as provided in this division. The
legislative authority of a municipal corporation in which a
community entertainment district is located, or the board of
township trustees of the township in whose unincorporated area a
community entertainment district is located, after giving notice
of its proposed action by publication once a week for two
consecutive weeks in one newspaper of general circulation in the
municipal corporation or township or as provided in section 7.16
of the Revised Code, may determine by ordinance or resolution in
the case of the legislative authority of a municipal corporation,
or by resolution in the case of a board of township trustees of a
township, that all or part of the area fails to meet the standards
described in this section for designation of an area as a
community entertainment district. If the legislative authority or
board so determines, the area designated in the ordinance or
resolution no longer constitutes a community entertainment
district.
(F) All or part of an area designated as a community
entertainment district under division (D) of this section may lose
this designation as provided in this division. The parties to the
joint economic development district contract designating the
community entertainment district may give notice of a proposed
action to revoke the community entertainment district designation
by publication once a week for two consecutive weeks in one
newspaper of general circulation in the area included in the joint
economic development district as provided in section 7.16 of the
Revised Code. After the completion of such notice, the legislative
authority or board of township trustees of each party to the joint
economic development district contract may determine, by ordinance
or resolution, that all or part of the area designated as a
community entertainment district fails to meet the standards
described in this section. If the legislative authority or board
of township trustees of each party to the joint economic
development district contract approves such an ordinance or
resolution, the area designated in the ordinances or resolutions
no longer constitutes a community entertainment district.
Sec. 4303.181. (A) Permit D-5a may be issued either to the
owner or operator of a hotel or motel that is required to be
licensed under section 3731.03 of the Revised Code, that contains
at least fifty rooms for registered transient guests or is owned
by a state institution of higher education as defined in section
3345.011 of the Revised Code or a private college or university,
and that qualifies under the other requirements of this section,
or to the owner or operator of a restaurant specified under this
section, to sell beer and any intoxicating liquor at retail, only
by the individual drink in glass and from the container, for
consumption on the premises where sold, and to registered guests
in their rooms, which may be sold by means of a controlled access
alcohol and beverage cabinet in accordance with division (B) of
section 4301.21 of the Revised Code; and to sell the same products
in the same manner and amounts not for consumption on the premises
as may be sold by holders of D-1 and D-2 permits. The premises of
the hotel or motel shall include a retail food establishment or a
food service operation licensed pursuant to Chapter 3717. of the
Revised Code that operates as a restaurant for purposes of this
chapter and that is affiliated with the hotel or motel and within
or contiguous to the hotel or motel, and that serves food within
the hotel or motel, but the principal business of the owner or
operator of the hotel or motel shall be the accommodation of
transient guests. In addition to the privileges authorized in this
division, the holder of a D-5a permit may exercise the same
privileges as the holder of a D-5 permit.
The owner or operator of a hotel, motel, or restaurant who
qualified for and held a D-5a permit on August 4, 1976, may, if
the owner or operator held another permit before holding a D-5a
permit, either retain a D-5a permit or apply for the permit
formerly held, and the division of liquor control shall issue the
permit for which the owner or operator applies and formerly held,
notwithstanding any quota.
A D-5a permit shall not be transferred to another location.
No quota restriction shall be placed on the number of D-5a permits
that may be issued.
The fee for this permit is two thousand three hundred
forty-four dollars.
(B) Permit D-5b may be issued to the owner, operator, tenant,
lessee, or occupant of an enclosed shopping center to sell beer
and intoxicating liquor at retail, only by the individual drink in
glass and from the container, for consumption on the premises
where sold; and to sell the same products in the same manner and
amount not for consumption on the premises as may be sold by
holders of D-1 and D-2 permits. In addition to the privileges
authorized in this division, the holder of a D-5b permit may
exercise the same privileges as a holder of a D-5 permit.
A D-5b permit shall not be transferred to another location.
One D-5b permit may be issued at an enclosed shopping center
containing at least two hundred twenty-five thousand, but less
than four hundred thousand, square feet of floor area.
Two D-5b permits may be issued at an enclosed shopping center
containing at least four hundred thousand square feet of floor
area. No more than one D-5b permit may be issued at an enclosed
shopping center for each additional two hundred thousand square
feet of floor area or fraction of that floor area, up to a maximum
of five D-5b permits for each enclosed shopping center. The number
of D-5b permits that may be issued at an enclosed shopping center
shall be determined by subtracting the number of D-3 and D-5
permits issued in the enclosed shopping center from the number of
D-5b permits that otherwise may be issued at the enclosed shopping
center under the formulas provided in this division. Except as
provided in this section, no quota shall be placed on the number
of D-5b permits that may be issued. Notwithstanding any quota
provided in this section, the holder of any D-5b permit first
issued in accordance with this section is entitled to its renewal
in accordance with section 4303.271 of the Revised Code.
The holder of a D-5b permit issued before April 4, 1984,
whose tenancy is terminated for a cause other than nonpayment of
rent, may return the D-5b permit to the division of liquor
control, and the division shall cancel that permit. Upon
cancellation of that permit and upon the permit holder's payment
of taxes, contributions, premiums, assessments, and other debts
owing or accrued upon the date of cancellation to this state and
its political subdivisions and a filing with the division of a
certification of that payment, the division shall issue to that
person either a D-5 permit, or a D-1, a D-2, and a D-3 permit, as
that person requests. The division shall issue the D-5 permit, or
the D-1, D-2, and D-3 permits, even if the number of D-1, D-2,
D-3, or D-5 permits currently issued in the municipal corporation
or in the unincorporated area of the township where that person's
proposed premises is located equals or exceeds the maximum number
of such permits that can be issued in that municipal corporation
or in the unincorporated area of that township under the
population quota restrictions contained in section 4303.29 of the
Revised Code. Any D-1, D-2, D-3, or D-5 permit so issued shall not
be transferred to another location. If a D-5b permit is canceled
under the provisions of this paragraph, the number of D-5b permits
that may be issued at the enclosed shopping center for which the
D-5b permit was issued, under the formula provided in this
division, shall be reduced by one if the enclosed shopping center
was entitled to more than one D-5b permit under the formula.
The fee for this permit is two thousand three hundred
forty-four dollars.
(C) Permit D-5c may be issued to the owner or operator of a
retail food establishment or a food service operation licensed
pursuant to Chapter 3717. of the Revised Code that operates as a
restaurant for purposes of this chapter and that qualifies under
the other requirements of this section to sell beer and any
intoxicating liquor at retail, only by the individual drink in
glass and from the container, for consumption on the premises
where sold, and to sell the same products in the same manner and
amounts not for consumption on the premises as may be sold by
holders of D-1 and D-2 permits. In addition to the privileges
authorized in this division, the holder of a D-5c permit may
exercise the same privileges as the holder of a D-5 permit.
To qualify for a D-5c permit, the owner or operator of a
retail food establishment or a food service operation licensed
pursuant to Chapter 3717. of the Revised Code that operates as a
restaurant for purposes of this chapter, shall have operated the
restaurant at the proposed premises for not less than twenty-four
consecutive months immediately preceding the filing of the
application for the permit, have applied for a D-5 permit no later
than December 31, 1988, and appear on the division's quota waiting
list for not less than six months immediately preceding the filing
of the application for the permit. In addition to these
requirements, the proposed D-5c permit premises shall be located
within a municipal corporation and further within an election
precinct that, at the time of the application, has no more than
twenty-five per cent of its total land area zoned for residential
use.
A D-5c permit shall not be transferred to another location.
No quota restriction shall be placed on the number of such permits
that may be issued.
Any person who has held a D-5c permit for at least two years
may apply for a D-5 permit, and the division of liquor control
shall issue the D-5 permit notwithstanding the quota restrictions
contained in section 4303.29 of the Revised Code or in any rule of
the liquor control commission.
The fee for this permit is one thousand five hundred
sixty-three dollars.
(D) Permit D-5d may be issued to the owner or operator of a
retail food establishment or a food service operation licensed
pursuant to Chapter 3717. of the Revised Code that operates as a
restaurant for purposes of this chapter and that is located at an
airport operated by a board of county commissioners pursuant to
section 307.20 of the Revised Code, at an airport operated by a
port authority pursuant to Chapter 4582. of the Revised Code, or
at an airport operated by a regional airport authority pursuant to
Chapter 308. of the Revised Code. The holder of a D-5d permit may
sell beer and any intoxicating liquor at retail, only by the
individual drink in glass and from the container, for consumption
on the premises where sold, and may sell the same products in the
same manner and amounts not for consumption on the premises where
sold as may be sold by the holders of D-1 and D-2 permits. In
addition to the privileges authorized in this division, the holder
of a D-5d permit may exercise the same privileges as the holder of
a D-5 permit.
A D-5d permit shall not be transferred to another location.
No quota restrictions shall be placed on the number of such
permits that may be issued.
The fee for this permit is two thousand three hundred
forty-four dollars.
(E) Permit D-5e may be issued to any nonprofit organization
that is exempt from federal income taxation under the "Internal
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501(c)(3), as
amended, or that is a charitable organization under any chapter of
the Revised Code, and that owns or operates a riverboat that meets
all of the following:
(1) Is permanently docked at one location;
(2) Is designated as an historical riverboat by the Ohio
historical society;
(3) Contains not less than fifteen hundred square feet of
floor area;
(4) Has a seating capacity of fifty or more persons.
The holder of a D-5e permit may sell beer and intoxicating
liquor at retail, only by the individual drink in glass and from
the container, for consumption on the premises where sold.
A D-5e permit shall not be transferred to another location.
No quota restriction shall be placed on the number of such permits
that may be issued. The population quota restrictions contained in
section 4303.29 of the Revised Code or in any rule of the liquor
control commission shall not apply to this division, and the
division shall issue a D-5e permit to any applicant who meets the
requirements of this division. However, the division shall not
issue a D-5e permit if the permit premises or proposed permit
premises are located within an area in which the sale of
spirituous liquor by the glass is prohibited.
The fee for this permit is one thousand two hundred nineteen
dollars.
(F) Permit D-5f may be issued to the owner or operator of a
retail food establishment or a food service operation licensed
under Chapter 3717. of the Revised Code that operates as a
restaurant for purposes of this chapter and that meets all of the
following:
(1) It contains not less than twenty-five hundred square feet
of floor area.
(2) It is located on or in, or immediately adjacent to, the
shoreline of, a navigable river.
(3) It provides docking space for twenty-five boats.
(4) It provides entertainment and recreation, provided that
not less than fifty per cent of the business on the permit
premises shall be preparing and serving meals for a consideration.
In addition, each application for a D-5f permit shall be
accompanied by a certification from the local legislative
authority that the issuance of the D-5f permit is not inconsistent
with that political subdivision's comprehensive development plan
or other economic development goal as officially established by
the local legislative authority.
The holder of a D-5f permit may sell beer and intoxicating
liquor at retail, only by the individual drink in glass and from
the container, for consumption on the premises where sold.
A D-5f permit shall not be transferred to another location.
The division of liquor control shall not issue a D-5f permit
if the permit premises or proposed permit premises are located
within an area in which the sale of spirituous liquor by the glass
is prohibited.
A fee for this permit is two thousand three hundred
forty-four dollars.
As used in this division, "navigable river" means a river
that is also a "navigable water" as defined in the "Federal Power
Act," 94 Stat. 770 (1980), 16 U.S.C. 796.
(G) Permit D-5g may be issued to a nonprofit corporation that
is either the owner or the operator of a national professional
sports museum. The holder of a D-5g permit may sell beer and any
intoxicating liquor at retail, only by the individual drink in
glass and from the container, for consumption on the premises
where sold. The holder of a D-5g permit shall sell no beer or
intoxicating liquor for consumption on the premises where sold
after two-thirty a.m. A D-5g permit shall not be transferred to
another location. No quota restrictions shall be placed on the
number of D-5g permits that may be issued. The fee for this permit
is one thousand eight hundred seventy-five dollars.
(H)(1) Permit D-5h may be issued to any nonprofit
organization that is exempt from federal income taxation under the
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.
501(c)(3), as amended, that owns or operates any of the following:
(a) A fine arts museum, provided that the nonprofit
organization has no less than one thousand five hundred bona fide
members possessing full membership privileges;
(b) A community arts center. As used in division (H)(1)(b) of
this section, "community arts center" means a facility that
provides arts programming to the community in more than one arts
discipline, including, but not limited to, exhibits of works of
art and performances by both professional and amateur artists.
(c) A community theater, provided that the nonprofit
organization is a member of the Ohio arts council and the American
community theatre association and has been in existence for not
less than ten years. As used in division (H)(1)(c) of this
section, "community theater" means a facility that contains at
least one hundred fifty seats and has a primary function of
presenting live theatrical performances and providing recreational
opportunities to the community.
(2) The holder of a D-5h permit may sell beer and any
intoxicating liquor at retail, only by the individual drink in
glass and from the container, for consumption on the premises
where sold. The holder of a D-5h permit shall sell no beer or
intoxicating liquor for consumption on the premises where sold
after one a.m. A D-5h permit shall not be transferred to another
location. No quota restrictions shall be placed on the number of
D-5h permits that may be issued.
(3) The fee for a D-5h permit is one thousand eight hundred
seventy-five dollars.
(I) Permit D-5i may be issued to the owner or operator of a
retail food establishment or a food service operation licensed
under Chapter 3717. of the Revised Code that operates as a
restaurant for purposes of this chapter and that meets all of the
following requirements:
(1) It is located in a municipal corporation or a township
with a population of one hundred thousand or less.
(2) It has inside seating capacity for at least one hundred
forty persons.
(3) It has at least four thousand square feet of floor area.
(4) It offers full-course meals, appetizers, and sandwiches.
(5) Its receipts from beer and liquor sales, excluding wine
sales, do not exceed twenty-five per cent of its total gross
receipts.
(6) It has at least one of the following characteristics:
(a) The value of its real and personal property exceeds seven
hundred twenty-five thousand dollars.
(b) It is located on property that is owned or leased by the
state or a state agency, and its owner or operator has
authorization from the state or the state agency that owns or
leases the property to obtain a D-5i permit.
The holder of a D-5i permit may sell beer and any
intoxicating liquor at retail, only by the individual drink in
glass and from the container, for consumption on the premises
where sold, and may sell the same products in the same manner and
amounts not for consumption on the premises where sold as may be
sold by the holders of D-1 and D-2 permits. The holder of a D-5i
permit shall sell no beer or intoxicating liquor for consumption
on the premises where sold after two-thirty a.m. In addition to
the privileges authorized in this division, the holder of a D-5i
permit may exercise the same privileges as the holder of a D-5
permit.
A D-5i permit shall not be transferred to another location.
The division of liquor control shall not renew a D-5i permit
unless the retail food establishment or food service operation for
which it is issued continues to meet the requirements described in
divisions (I)(1) to (6) of this section. No quota restrictions
shall be placed on the number of D-5i permits that may be issued.
The fee for the D-5i permit is two thousand three hundred
forty-four dollars.
(J) Permit D-5j may be issued to the owner or the operator of
a retail food establishment or a food service operation licensed
under Chapter 3717. of the Revised Code to sell beer and
intoxicating liquor at retail, only by the individual drink in
glass and from the container, for consumption on the premises
where sold and to sell beer and intoxicating liquor in the same
manner and amounts not for consumption on the premises where sold
as may be sold by the holders of D-1 and D-2 permits. The holder
of a D-5j permit may exercise the same privileges, and shall
observe the same hours of operation, as the holder of a D-5
permit.
The D-5j permit shall be issued only within a community
entertainment district that is designated under section 4301.80 of
the Revised Code and that meets. The permit shall not be issued to
a community entertainment district that is designated under
divisions (B) and (C) of section 4301.80 of the Revised Code if
the district does not meet one of the following qualifications:
(1) It is located in a municipal corporation with a
population of at least one hundred thousand.
(2) It is located in a municipal corporation with a
population of at least twenty thousand, and either of the
following applies:
(a) It contains an amusement park the rides of which have
been issued a permit by the department of agriculture under
Chapter 1711. of the Revised Code.
(b) Not less than fifty million dollars will be invested in
development and construction in the community entertainment
district's area located in the municipal corporation.
(3) It is located in a township with a population of at least
forty thousand.
(4) It is located in a township with a population of at least
twenty thousand, and not less than seventy million dollars will be
invested in development and construction in the community
entertainment district's area located in the township.
(5) It is located in a municipal corporation with a
population between ten thousand and twenty thousand, and both of
the following apply:
(a) The municipal corporation was incorporated as a village
prior to calendar year 1860 and currently has a historic downtown
business district.
(b) The municipal corporation is located in the same county
as another municipal corporation with at least one community
entertainment district.
(6) It is located in a municipal corporation with a
population of at least ten thousand, and not less than seventy
million dollars will be invested in development and construction
in the community entertainment district's area located in the
municipal corporation.
(7) It is located in a municipal corporation with a
population of at least five thousand, and not less than one
hundred million dollars will be invested in development and
construction in the community entertainment district's area
located in the municipal corporation.
The location of a D-5j permit may be transferred only within
the geographic boundaries of the community entertainment district
in which it was issued and shall not be transferred outside the
geographic boundaries of that district.
Not more than one D-5j permit shall be issued within each
community entertainment district for each five acres of land
located within the district. Not more than fifteen D-5j permits
may be issued within a single community entertainment district.
Except as otherwise provided in division (J)(4) of this section,
no quota restrictions shall be placed upon the number of D-5j
permits that may be issued.
The fee for a D-5j permit is two thousand three hundred
forty-four dollars.
(K)(1) Permit D-5k may be issued to any nonprofit
organization that is exempt from federal income taxation under the
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.
501(c)(3), as amended, that is the owner or operator of a
botanical garden recognized by the American association of
botanical gardens and arboreta, and that has not less than
twenty-five hundred bona fide members.
(2) The holder of a D-5k permit may sell beer and any
intoxicating liquor at retail, only by the individual drink in
glass and from the container, on the premises where sold.
(3) The holder of a D-5k permit shall sell no beer or
intoxicating liquor for consumption on the premises where sold
after one a.m.
(4) A D-5k permit shall not be transferred to another
location.
(5) No quota restrictions shall be placed on the number of
D-5k permits that may be issued.
(6) The fee for the D-5k permit is one thousand eight hundred
seventy-five dollars.
(L)(1) Permit D-5l may be issued to the owner or the operator
of a retail food establishment or a food service operation
licensed under Chapter 3717. of the Revised Code to sell beer and
intoxicating liquor at retail, only by the individual drink in
glass and from the container, for consumption on the premises
where sold and to sell beer and intoxicating liquor in the same
manner and amounts not for consumption on the premises where sold
as may be sold by the holders of D-1 and D-2 permits. The holder
of a D-5l permit may exercise the same privileges, and shall
observe the same hours of operation, as the holder of a D-5
permit.
(2) The D-5l permit shall be issued only to a premises to
which all of the following apply:
(a) The premises has gross annual receipts from the sale of
food and meals that constitute not less than seventy-five per cent
of its total gross annual receipts.
(b) The premises is located within a revitalization district
that is designated under section 4301.81 of the Revised Code.
(c) The premises is located in a municipal corporation or
township in which the number of D-5 permits issued equals or
exceeds the number of those permits that may be issued in that
municipal corporation or township under section 4303.29 of the
Revised Code.
(d) The premises meets any of the following qualifications:
(i) It is located in a county with a population of one
hundred twenty-five thousand or less according to the population
estimates certified by the development services agency for
calendar year 2006.
(ii) It is located in the municipal corporation that has the
largest population in a county when the county has a population
between two hundred fifteen thousand and two hundred twenty-five
thousand according to the population estimates certified by the
development services agency for calendar year 2006. Division
(L)(2)(d)(ii) of this section applies only to a municipal
corporation that is wholly located in a county.
(iii) It is located in the municipal corporation that has the
largest population in a county when the county has a population
between one hundred forty thousand and one hundred forty-one
thousand according to the population estimates certified by the
development services agency for calendar year 2006. Division
(L)(2)(d)(iii) of this section applies only to a municipal
corporation that is wholly located in a county.
(3) The location of a D-5l permit may be transferred only
within the geographic boundaries of the revitalization district in
which it was issued and shall not be transferred outside the
geographic boundaries of that district.
(4) Not more than one D-5l permit shall be issued within each
revitalization district for each five acres of land located within
the district. Not more than fifteen D-5l permits may be issued
within a single revitalization district. Except as otherwise
provided in division (L)(4) of this section, no quota restrictions
shall be placed upon the number of D-5l permits that may be
issued.
(5) No D-5l permit shall be issued to an adult entertainment
establishment as defined in section 2907.39 of the Revised Code.
(6) The fee for a D-5l permit is two thousand three hundred
forty-four dollars.
(M) Permit D-5m may be issued to either the owner or the
operator of a retail food establishment or food service operation
licensed under Chapter 3717. of the Revised Code that operates as
a restaurant for purposes of this chapter and that is located in,
or affiliated with, a center for the preservation of wild animals
as defined in section 4301.404 of the Revised Code, to sell beer
and any intoxicating liquor at retail, only by the glass and from
the container, for consumption on the premises where sold, and to
sell the same products in the same manner and amounts not for
consumption on the premises as may be sold by the holders of D-1
and D-2 permits. In addition to the privileges authorized by this
division, the holder of a D-5m permit may exercise the same
privileges as the holder of a D-5 permit.
A D-5m permit shall not be transferred to another location.
No quota restrictions shall be placed on the number of D-5m
permits that may be issued. The fee for a permit D-5m is two
thousand three hundred forty-four dollars.
(N) Permit D-5n shall be issued to either a casino operator
or a casino management company licensed under Chapter 3772. of the
Revised Code that operates a casino facility under that chapter,
to sell beer and any intoxicating liquor at retail, only by the
individual drink in glass and from the container, for consumption
on the premises where sold, and to sell the same products in the
same manner and amounts not for consumption on the premises as may
be sold by the holders of D-1 and D-2 permits. In addition to the
privileges authorized by this division, the holder of a D-5n
permit may exercise the same privileges as the holder of a D-5
permit. A D-5n permit shall not be transferred to another
location. Only one D-5n permit may be issued per casino facility
and not more than four D-5n permits shall be issued in this state.
The fee for a permit D-5n shall be twenty thousand dollars. The
holder of a D-5n permit may conduct casino gaming on the permit
premises notwithstanding any provision of the Revised Code or
Administrative Code.
(O) Permit D-5o may be issued to the owner or operator of a
retail food establishment or a food service operation licensed
under Chapter 3717. of the Revised Code that operates as a
restaurant for purposes of this chapter and that is located within
a casino facility for which a D-5n permit has been issued. The
holder of a D-5o permit may sell beer and any intoxicating liquor
at retail, only by the individual drink in glass and from the
container, for consumption on the premises where sold, and may
sell the same products in the same manner and amounts not for
consumption on the premises where sold as may be sold by the
holders of D-1 and D-2 permits. In addition to the privileges
authorized by this division, the holder of a D-5o permit may
exercise the same privileges as the holder of a D-5 permit. A D-5o
permit shall not be transferred to another location. No quota
restrictions shall be placed on the number of such permits that
may be issued. The fee for this permit is two thousand three
hundred forty-four dollars.
Sec. 4504.08. A resolution, ordinance, or other measure
levying a county motor vehicle license tax, municipal motor
vehicle license tax, township motor vehicle license tax, or
transportation improvement district motor vehicle license tax, or
regional transportation improvement project motor vehicle license
tax shall not be applicable to motor vehicle registrations for a
registration year beginning at the time established in section
4503.10 of the Revised Code unless a copy of such resolution or
ordinance is certified to the registrar of motor vehicles not
later than the first day of July of the year preceding that in
which such registration year begins.
Sec. 4504.09. Any county, township, municipal, or
transportation improvement district, or regional transportation
improvement project motor vehicle license tax shall be paid to the
registrar of motor vehicles or to a deputy registrar at the time
application for registration of a motor vehicle as provided in
sections 4503.10 and 4503.102 of the Revised Code is made and no
certificate of registration, numbered license plates and
validation stickers, or validation stickers alone, shall be issued
to the owner of a motor vehicle for which any amount of county,
township, municipal, or transportation improvement district, or
regional transportation improvement project motor vehicle license
tax due thereon has not been paid. Payment of the tax shall be
evidenced by a stamp on the certificate of registration by the
official issuing such certificate.
Upon the transfer of ownership of a motor vehicle, the
registrar or deputy registrar shall collect any additional county,
township, municipal, or transportation improvement district, or
regional transportation improvement project motor vehicle license
tax due thereon, computed in the manner provided in section
4503.12 of the Revised Code.
Sec. 4504.22. (A) As used in this section:
(1) "Business" means a sole proprietorship, a corporation for
profit, or a pass-through entity as defined in section 5733.04 of
the Revised Code.
(2) "Owner" means a partner of a partnership, a member of a
limited liability company, a majority shareholder of an S
corporation, a person with a majority ownership interest in a
pass-through entity, or any officer, employee, or agent with
authority to make decisions legally binding upon a business.
(3) "Truck," "trailer," and "semitrailer" have the same
meanings as in section 4501.01 of the Revised Code;
(4) "Commercial trailer" means any trailer that is not a
noncommercial trailer as defined in section 4501.01 of the Revised
Code.
(B) The governing board of a regional transportation
improvement project created under Chapter 5595. of the Revised
Code may request that the board of county commissioners of each
county participating in the project propose an annual license tax
upon the operation of motor vehicles on public roads in the
respective counties. If a governing board makes such a request,
the governing board shall make the request to the boards of
commissioners of all counties participating in the project. The
request shall be in writing and, if the governing board adopted a
resolution to allocate revenue from such taxes to fund
supplemental transportation improvements as provided in division
(B) of section 5595.06 of the Revised Code, shall be accompanied
by a copy of the resolution adopted under that division. If the
governing board intends for the taxes to apply to trucks, the
request shall so state. The purposes of each of the taxes shall be
to pay the costs of transportation improvements as defined by
section 5595.01 of the Revised Code, to pay debt service charges
on obligations issued for those purposes, to supplement other
revenue already available for such purposes, and to pay the cost
of enforcing and administering the tax. No such tax may be levied
unless the board of commissioners of each participating county
consents to propose levying the tax and a majority of electors
voting on the tax in each county as provided in this section
approve the resolution levying the tax in that county.
Each county's tax shall be levied in an increment of five
dollars, not exceeding twenty-five dollars, per motor vehicle as
determined by the governing board of the regional transportation
improvement project. Commercial trailers and semitrailers shall
not be subject to the tax. Trucks shall not be subject to the tax
unless the governing board's request states that trucks shall be
subject to the tax. If trucks are to be subject to the tax, the
governing board shall proceed as required by division (D) of this
section before the governing board submits its request to the
boards of county commissioners under this division. The owner of
each motor vehicle subject to the tax who resides in the county
where the tax applies shall pay the tax levied by the board of
county commissioners. The tax is in addition to all other taxes
levied under this chapter and subject to reduction in the manner
provided in division (B)(2) of section 4503.11 of the Revised
Code. Each tax shall apply at a uniform rate throughout the
county. Taxes levied under this section shall not apply to
registrations for any registration year beginning before January
1, 2017. The taxes shall continue in effect until expiration or
repeal or until the dissolution of the regional transportation
improvement project for which the taxes are levied.
(C) If the board of commissioners of each county
participating in the regional transportation improvement project
consents, by resolution, to the governing board's request to levy
a tax under this section, the board of commissioners of each such
county shall adopt a resolution levying the tax and proposing to
submit the question of the tax to the electors of the county. The
resolution shall specify the rate of the tax, the date on which
the tax will terminate, and, if the request of the governing board
of the regional transportation improvement project indicates that
a portion of the revenue will be used for supplemental
transportation improvements, the portion of the tax revenue that
will be used for such supplemental improvements. The rate of the
tax levied in each county, the election at which the question is
to be submitted, the first registration year the tax will be
levied, the date on which the tax will terminate, and whether the
tax applies to trucks shall be identical for all the counties.
The board of elections of each county shall submit the
question of the tax to the electors at the primary or general
election to be held not less than ninety days after the board of
county commissioners certifies to the county board of elections
its resolution proposing the tax. The secretary of state shall
prescribe the form of the ballot for the election. If the question
of the tax is approved by a majority of the electors voting on the
question of the tax in each county, the board of county
commissioners of each county shall levy the tax as provided in the
resolution.
A tax shall not be levied in any of the counties
participating in the regional transportation improvement project
unless the majority of electors voting on the question in each of
those counties approve the question. If the question of the tax is
approved in each county, the board of commissioners of the most
populous of such counties as determined by the most recent federal
decennial census shall certify the copies of all counties'
resolutions to the registrar of motor vehicles as provided in
section 4504.08 of the Revised Code.
(D) If the taxes to be levied under this section would apply
to the operation of trucks on public highways in the counties
levying the tax, the governing board of the regional
transportation improvement project that requested the levy of the
taxes shall appoint a transportation advisory council. The council
shall review the proposed license taxes in conjunction with the
cooperative agreement for the project and determine if the
agreement and taxes are in the best interests of businesses
operating in the counties in which the taxes would be imposed. The
governing board shall not submit a proposed tax to boards of
county commissioners under division (B) of this section unless the
tax is approved by the transportation advisory council or the tax
does not apply to trucks.
The transportation advisory council is a public body for the
purposes of section 121.22 of the Revised Code and is a public
office for the purposes of section 149.43 of the Revised Code.
Members of the council shall not be considered to be holding a
direct or indirect interest in a contract or expenditure of money
by a county or a regional transportation improvement project
because of their affiliation with the council.
The transportation advisory council shall consist of one
member for each county participating in the regional
transportation improvement project. For each county, the governing
board of the project shall first appoint an owner of the business
that owns the most trucks that would be subject to the license tax
if it was imposed in that county, or an individual designated by
the owner to serve in the owner's place. If the owner of the
business is unable or unwilling to serve on the council or to
designate an individual to serve in the owner's place, the
governing board shall appoint an owner of the business that owns
the next most trucks that would be subject to the license tax if
it was imposed in that county, or an individual designated by the
owner to serve in the owner's place. The governing board shall
repeat this appointment procedure until each position on the
council has been filled. No business may have more than one
representative on the council. If the appointment procedure
results in an owner of the same business being appointed to the
council more than once, the governing board shall skip that
business in the appointment order in one of the participating
counties and instead appoint an owner of the business that owns
the next most trucks that would be subject to the license tax if
it was imposed in that county, or an individual designated by the
owner to serve in the owner's place. Two businesses are the same
business for the purposes of this division if more than fifty per
cent of the controlling interest in each of the businesses is
owned by the same person or persons.
The transportation advisory council shall hold at least one
public meeting before voting on whether to approve the proposed
license tax or taxes. Meetings shall be held in the most populous
county in which a proposed license tax would be levied. Population
shall be determined by reference to the most recent federal
decennial census. Attendance by a majority of the members of the
council constitutes a quorum to conduct the business of the
council. At the meeting, the council shall consider the question
of whether the license taxes and the cooperative agreement are in
the best interests of the businesses operating in the counties in
which the taxes would be imposed. In considering this question,
the council shall allow the governing board, or a representative
thereof, the opportunity to present testimony on the license taxes
and the cooperative agreement. The council also shall allow time,
during the meeting or meetings, for public comment on the license
tax or taxes and the cooperative agreement. The council may hold
an executive session in the manner provided in and subject to the
limitations of section 122.22 of the Revised Code.
If the council, by majority vote of the membership of the
council, determines that the license taxes and the cooperative
agreement are in the best interests of the businesses operating
within counties in which the tax would be levied, the governing
board may submit requests to the appropriate boards of county
commissioners that the license tax be placed on the ballot in
accordance with division (C) of this section. If the council does
not approve the license taxes and the cooperative agreement, the
council shall provide recommendations to the governing board for
ways in which the proposed license taxes and the cooperative
agreement may be modified to meet the approval of the council.
Such recommendations shall be in writing and shall be sent to the
governing board within fourteen days after the vote of the council
on the license taxes and the cooperative agreement.
The transportation advisory council shall dissolve by
operation of law upon approving a license tax proposal under this
division.
The governing board shall make appropriations as are
necessary to pay the costs incurred by the council in the exercise
of its functions under this division.
(E) The registrar of motor vehicles shall deposit revenue
from each of the taxes levied under this section that is received
by the registrar under section 4504.09 of the Revised Code in the
local motor vehicle license tax fund created by section 4501.031
of the Revised Code. The registrar shall distribute the revenue
from each tax to the appropriate board of county commissioners.
The registrar may assign to each board of county commissioners a
unique code to facilitate the distribution of the revenue, which
may be the same unique code assigned to that county under section
4501.03 of the Revised Code. The board of county commissioners
then shall pay the money to the governing board of the regional
transportation improvement project that requested that the
question of the levying of the tax be placed on the ballot.
Sec. 5595.01. As used in this chapter:
(A) "Regional transportation improvement project" or
"project" means a regional transportation improvement project
undertaken pursuant to section 5595.02 of the Revised Code.
(B) "Transportation improvement" or "improvement" means the
construction, repair, maintenance, or expansion of streets,
highways, parking facilities, rail tracks and necessarily related
rail facilities, bridges, tunnels, overpasses, underpasses,
interchanges, approaches, culverts, and other means of
transportation, and the erection and maintenance of traffic signs,
markers, lights, and signals.
Sec. 5595.02. (A) The boards of county commissioners of two
or more counties may undertake a regional transportation
improvement project for the purpose of completing transportation
improvements within the territory of the counties. The project
shall be administered by a governing board in accordance with a
cooperative agreement.
(B) The cooperative agreement shall provide for the creation
of a governing board consisting of one county commissioner from
each county that is a party to the agreement or a designee
appointed by the board of county commissioners of the county for
the purpose of serving on the governing board, and the county
engineer of each such county or a designee appointed by the county
engineer for the purpose of serving on the governing board.
Membership on the board is not a direct or indirect interest in a
contract or expenditure of money by the county. The board is a
public body for the purposes of section 121.22 of the Revised Code
and a public office for the purposes of section 149.43 of the
Revised Code. Chapter 2744. of the Revised Code applies to the
board.
(C) The governing board of a regional transportation
improvement project is a body both corporate and politic, and the
exercise by it of the powers conferred by this chapter in the
financing, construction, maintenance, repair, and operation of
transportation improvements are essential governmental functions.
(D) A board of county commissioners, in accordance with the
cooperative agreement, may make appropriations to pay costs
incurred by the governing board in the exercise of its functions
under this chapter so long as such costs are approved by the
director of transportation under section 5595.12 of the Revised
Code.
Sec. 5595.03. (A) A resolution of a board of county
commissioners undertaking a regional transportation improvement
project must include a cooperative agreement containing all of the
following:
(1) A description or analysis of the deficiencies of the
existing transportation system in the counties participating in
the project and of projected needs or deficiencies of the system
in ensuing years under reasonable assumptions about development,
population trends, and other factors affecting transportation
infrastructure in the counties;
(2) A comprehensive list of the transportation improvements
to be completed as part of the project, including a general
description of each improvement, schedules of the projected
beginning and end of each improvement, and the estimated cost of
each improvement;
(3) Directives regarding the operations and reporting
requirements of the governing board;
(4) The number of years the agreement is to be in effect;
(5) Any other terms the board of county commissioners
considers necessary or conducive to communicate the intentions of
the cooperative agreement and to ensure its effective
implementation by the governing board.
(B) A board of county commissioners that intends to undertake
a regional transportation improvement project shall hold at least
one public hearing on the proposed cooperative agreement before
adopting a resolution approving the agreement. The board of county
commissioners shall provide at least thirty days' public notice of
the time and place of the public hearing in a newspaper of general
circulation in the county. During the thirty-day period before the
public hearing, the proposed cooperative agreement shall be made
available for public inspection at the offices of each county that
will be a party to the agreement.
(C) If the cooperative agreement is approved by each county
that will be a party to the agreement, one of the participating
counties shall send a copy of the agreement to the director of
transportation. The director shall evaluate the agreement and
determine if the transportation improvements specified in the
agreement are in the best interest of the transportation
facilities of this state, as defined in section 5501.01 of the
Revised Code. If the director approves the agreement, the director
shall send notice of approval to each county that is a party to
the agreement. Unless otherwise provided in the cooperative
agreement, the agreement is effective immediately upon approval by
the director. If the director does not approve the agreement, the
director shall send notice of denial to each county that is a
party to the agreement. The notice of denial shall include the
reason or reasons for the denial and recommendations for ways in
which the agreement may be changed to meet the approval of the
director. If the director does not make a determination within
ninety days after receiving a cooperative agreement under this
section, the director is deemed to have approved the agreement
and, unless otherwise provided in the agreement, the agreement is
effective immediately. No cooperative agreement is effective
without actual or constructive approval by the director under this
section.
(D) The cooperative agreement governing a regional
transportation improvement project may be amended at any time by
majority vote of the governing board and of the boards of county
commissioners of each of the participating counties and with the
approval of the director of transportation obtained in the same
manner as approval of the original agreement.
Sec. 5595.04. The governing board of a regional
transportation improvement project may do any of the following:
(A) Make and enter into all contracts and agreements
necessary or incidental to the performance of its functions and
the execution of its powers under this chapter and in accordance
with the cooperative agreement. The procuring of goods and
awarding of contracts with a cost in excess of fifty thousand
dollars shall be done in accordance with the competitive bidding
procedures established for boards of county commissioners by
sections 307.86 to 307.91 of the Revised Code.
(B) Sue and be sued in its own name, plead and be impleaded,
provided any actions against the governing board or the regional
transportation improvement project shall be brought in the court
of common pleas of a county that is a party to the cooperative
agreement or in the court of common pleas of the county in which
the cause of action arose, and all summonses, exceptions, and
notices shall be served on the governing board by leaving a copy
thereof at its principal office with a member of the governing
board or an employee or agent thereof;
(C) Employ or retain persons as are necessary in the judgment
of the governing board to carry out the project, and fix their
compensation;
(D) Acquire by purchase, lease, lease-purchase, lease with
option to purchase, or otherwise any property necessary,
convenient, or proper for the construction, maintenance, repair,
or operation of one or more transportation improvements. The
governing board may pledge net revenues, to the extent permitted
by this chapter with respect to bonds, to secure payments to be
paid by the governing board under such a lease, lease-purchase
agreement, or lease with option to purchase. Title to real and
personal property shall be held in the name of the governing
board. The governing board is not authorized to acquire property
by appropriation.
(E) Issue securities to pay for the costs of transportation
improvements pursuant to section 5595.05 of the Revised Code.
Sec. 5595.05. The governing board of a regional
transportation improvement project may provide for the issuance of
securities for the purpose of paying costs of transportation
improvements. The securities are Chapter 133. securities, and the
issuance of the securities, the maturities and other details
thereof, the rights of the holders thereof, and the rights,
duties, and obligations of the governing board in respect to the
securities is governed by the applicable bond proceedings, section
133.22 or 133.23, and other applicable sections of Chapter 133. of
the Revised Code, notwithstanding that the transportation
improvements may result in permanent improvements for more than
one purpose under that chapter.
Such securities do not constitute a debt or a pledge of the
faith and credit of the state or of any political subdivision of
the state. Debt charges on outstanding securities are payable
solely from revenues pledged to the regional transportation
improvement project pursuant to section 5595.06 of the Revised
Code. All securities shall contain on their face a statement to
that effect. Sections 9.98 to 9.983 of the Revised Code apply to
the securities.
Sec. 5595.06. (A) The governing board of a regional
transportation improvement project, pursuant to the cooperative
agreement, may request and receive pledges of revenue from the
state, the counties that are parties to the agreement, and any
political subdivision or taxing unit located within any of those
counties. Except as provided in division (B) of this section, the
pledged revenues shall be used solely for the purpose of funding
the transportation improvements prescribed by the cooperative
agreement, the debt charges on any securities issued by the
governing board under section 5595.05 of the Revised Code, and the
expenses of the governing board. The state, the counties, and any
political subdivision or taxing unit located within such a county
may pledge revenue to the governing board from any of the
following sources:
(1) The general revenue fund of the state;
(2) License tax revenue derived from an annual motor vehicle
license tax imposed pursuant to section 4504.22 of the Revised
Code;
(3) Payments in lieu of taxes derived under section 5709.42,
5709.74, or 5709.79 of the Revised Code if the real property for
which such payments are made will benefit from the proposed
transportation improvements;
(4) Income tax revenue derived from a joint economic
development district or joint economic development zone
established pursuant to section 715.69, 715.691, 715.70, or 715.71
or sections 715.72 to 715.81 of the Revised Code if the district
or zone will benefit from the proposed transportation
improvements;
(5) Revenue derived from special assessments levied in a
special improvement district created under Chapter 1710. of the
Revised Code if the district will benefit from the proposed
transportation improvements;
(6) Revenue from an income source of a new community district
established pursuant to section 349.03 of the Revised Code if the
district will benefit from the proposed transportation
improvements.
(B) The governing board shall use license tax revenue pledged
to the project under division (A)(2) of this section for the
purpose of funding transportation improvements described in the
cooperative agreement and any other supplemental transportation
improvements necessary to complete the project. If the board
intends to use any of the license tax revenue for supplemental
improvements not described in the agreement, the board, before
submitting a request for license tax revenue to a board of county
commissioners under section 4504.22 of the Revised Code, shall
adopt a resolution allocating the revenue among the improvements
described in the agreement and such supplemental improvements not
described in the agreement. The amount used for supplemental
improvements may not exceed five dollars for each motor vehicle on
which the motor vehicle license tax is collected. If the motor
vehicle license tax is approved, the governing board shall
allocate the revenue only in accordance with the resolution. The
allocation may not be changed unless a proposition to change the
allocation is approved by the majority of electors voting on the
proposition in each county that is a party to the cooperative
agreement. Such a proposition may be proposed by resolution of the
governing board certified to the board of county commissioners of
each county, and, upon receiving such a certified resolution, each
board of county commissioners shall certify identical resolutions
to the respective county board of elections for placement on the
questions and issues ballot at the next succeeding election
occurring at least ninety days after the resolution is certified
to the board of elections.
Sec. 5595.07. The governing board of a regional
transportation improvement project may submit a written request to
the director of transportation for the assistance of the
department of transportation in any or all aspects, components, or
phases of that project. Upon receipt of such a request, the
director may require the board to submit documentation to
substantiate that the board has sufficient resources to fund the
board's share of the project. If the director determines that the
board has sufficient resources, the director may make available to
the board resources of the department, including funding or
equipment, as may be necessary to fulfill the request. The
director, in the director's discretion, may elect to assign any or
all of any post-construction management responsibilities for the
project back to the governing board.
The governing board shall pay all expenses the department
incurs in fulfilling the request for assistance other than those
expenses the director agrees will be covered by the department.
The board's share of expenses may be paid from the proceeds of
bonds issued by the governing board under this section.
Sec. 5595.08. All money, funds, properties, and assets
acquired by the governing board of a regional transportation
improvement project under this chapter, whether as proceeds from
the sale of securities, as revenues, or otherwise, shall be held
by it in trust for the purpose of carrying out its powers and
duties, shall be used and reused as provided in this chapter, and
shall at no time be part of other public funds. Such funds, except
as otherwise provided in bond proceedings or in any trust
agreement securing such securities, or except when invested
pursuant to section 5595.09 of the Revised Code, shall be kept in
depositories selected by the governing board in the manner
provided in Chapter 135. of the Revised Code for the selection of
eligible public depositories, and the deposits shall be secured as
provided in that chapter. Bond proceedings or the trust agreement
securing securities shall provide that any officer to whom, or any
bank or trust company to which, such money is paid shall act as
trustee of the money and hold and apply the money for the purposes
for which the securities are issued, subject to such conditions as
Chapter 133. or 135. of the Revised Code and such proceedings or
trust agreement provide.
Sec. 5595.09. Except as otherwise provided in any bond
proceedings or in any trust agreement securing securities, money
in the funds of the governing board of a regional transportation
improvement project in excess of current needs may be invested as
permitted by sections 135.01 to 135.21 of the Revised Code. Income
from all investments of moneys in any fund shall be credited to
funds as the governing board determines, subject to the provisions
of any such proceedings or trust agreement, and the investments
may be sold at any time the governing board determines.
Sec. 5595.10. The county auditor of the county with the
greatest population, according to the most recent federal
decennial census, that is a party to the cooperative agreement
shall be the fiscal officer for the governing board of the
project. The county prosecutor of the county with the greatest
population, according to the most recent federal decennial census,
that is participating in the project shall be the legal advisor of
the governing board of the project and shall prosecute and defend
all suits and actions that the governing board directs or to which
it is a party.
Sec. 5595.11. The exercise of the powers granted by this
chapter is in all respects for the benefit of the people of the
state, for the increase of their commerce and prosperity, and for
the improvement of their health and living conditions, and, as the
completion of transportation improvements by a regional
transportation improvement project constitute the performance of
essential governmental functions, neither the project nor the
governing board may be required to pay any state or local taxes or
assessments upon any improvement, or upon revenue or any property
acquired or used by the governing board of the project under this
chapter, or upon the income therefrom. The securities issued under
this chapter, their transfer, and the income therefrom, including
any profit made on the sale thereof, shall at all times be free
from taxation within the state.
Sec. 5595.12. The governing board of a regional
transportation improvement project shall not use any amount
pledged or allocated to the board under this chapter for
administrative expenses of the board without prior approval of the
director of transportation. The director may approve expenses
individually by line item or may approve an aggregate amount to be
allocated for administrative expenses over a period of time not
exceeding twelve months. The director may prescribe rules pursuant
to Chapter 119. of the Revised Code necessary to implement this
section.
Sec. 5595.13. Upon completion of the transportation
improvements listed in the cooperative agreement, fulfillment of
all contractual duties assumed by the governing board, and
repayment of all bonds issued by the governing board, the regional
transportation improvement project and the governing board shall
dissolve by operation of law. Upon dissolution of the regional
transportation improvement project, the boards of county
commissioners that created the regional transportation improvement
project shall assume title to all real and personal property
acquired by the board in the fulfillment of its duties under this
chapter. The property shall be divided and distributed in
accordance with the cooperative agreement. Unless otherwise
provided by contract, pledges of revenue to the governing board
from the state or a political subdivision or taxing unit shall
terminate by operation of law upon the dissolution of the regional
transportation improvement project.
Sec. 5747.24. This section is to be applied solely for the
purposes of Chapters 5747. and 5748. of the Revised Code.
(A) As used in this section:
(1) An individual "has one contact period in this state" if
the individual is away overnight from the individual's abode
located outside this state and while away overnight from that
abode spends at least some portion, however minimal, of each of
two consecutive days in this state.
(2) An individual is considered to be "away overnight from
the individual's abode located outside this state" if the
individual is away from the individual's abode located outside
this state for a continuous period of time, however minimal,
beginning at any time on one day and ending at any time on the
next day.
(B)(1) Except as provided in division (B)(2) of this section,
an individual who during a taxable year has no more than
one
hundred eighty-two two hundred twelve contact periods in this
state, which need not be consecutive, and who during the entire
taxable year has at least one abode outside this state, is
presumed to be not domiciled in this state during the taxable year
if, on or before the fifteenth day of the fourth month following
the close of the taxable year, the individual files with the tax
commissioner, on the form prescribed by the commissioner, a
statement from the individual verifying that the individual was
not domiciled in this state under this division during the taxable
year. In the statement, the individual shall verify both of the
following:
(a) During the entire taxable year, the individual was not
domiciled in this state;
(b) During the entire taxable year, the individual had at
least one abode outside this state. The individual shall specify
in the statement the location of each such abode outside this
state.
The presumption that the individual was not domiciled in this
state is irrebuttable unless the individual fails to timely file
the statement as required or makes a false statement. If the
individual fails to file the statement as required or makes a
false statement, the individual is presumed under division (C) of
this section to have been domiciled in this state the entire
taxable year.
In the case of an individual who dies before the statement
would otherwise be due, the personal representative of the estate
of the deceased individual may comply with this division by making
to the best of the representative's knowledge and belief the
statement under division (B)(1) of this section with respect to
the deceased individual, and filing the statement with the
commissioner within the later of the date the statement would
otherwise be due or sixty days after the date of the individual's
death.
An individual or personal representative of an estate who
knowingly makes a false statement under division (B)(1) of this
section is guilty of perjury under section 2921.11 of the Revised
Code.
(2) Division (B) of this section does not apply to an
individual changing domicile from or to this state during the
taxable year. Such an individual is domiciled in this state for
that portion of the taxable year before or after the change, as
applicable.
(C) An individual who during a taxable year has fewer than
one hundred eighty-three two hundred thirteen contact periods in
this state, which need not be consecutive, and who is not
irrebuttably presumed under division (B) of this section to be not
domiciled in this state with respect to that taxable year, is
presumed to be domiciled in this state for the entire taxable
year, except as provided in division (B)(2) of this section. An
individual can rebut this presumption for any portion of the
taxable year only with a preponderance of the evidence to the
contrary. An individual who rebuts the presumption under this
division for any portion of the taxable year is presumed to be
domiciled in this state for the remainder of the taxable year for
which the individual does not provide a preponderance of the
evidence to the contrary.
(D) An individual who during a taxable year has at least
one
hundred eighty-three two hundred thirteen contact periods in this
state, which need not be consecutive, is presumed to be domiciled
in this state for the entire taxable year, except as provided in
division (B)(2) of this section. An individual can rebut this
presumption for any portion of the taxable year only with clear
and convincing evidence to the contrary. An individual who rebuts
the presumption under this division for any portion of the taxable
year is presumed to be domiciled in this state for the remainder
of the taxable year for which the individual does not provide
clear and convincing evidence to the contrary.
(E) If the tax commissioner challenges the number of contact
periods an individual claims to have in this state during a
taxable year, the individual bears the burden of proof to verify
such number, by a preponderance of the evidence. An individual
challenged by the commissioner is presumed to have a contact
period in this state for any period for which the individual does
not prove by a preponderance of the evidence that the individual
had no such contact period.
Sec. 5747.331. (A) As used in this section:
(1) "Borrower" means any person that receives a loan from the
director of development under section 166.21 of the Revised Code,
regardless of whether the borrower is subject to the tax imposed
by section 5747.02 of the Revised Code.
(2) "Related member" has the same meaning as in section
5733.042 of the Revised Code.
(3) "Qualified research and development loan payments" has
the same meaning as in division (D) of section 166.21 of the
Revised Code.
(B) Beginning with taxable year 2003 and ending with taxable
years beginning in 2007 2003, a nonrefundable credit is allowed
against the tax imposed by section 5747.02 of the Revised Code
equal to a borrower's qualified research and development loan
payments made during the calendar year that includes the last day
of the taxable year for which the credit is claimed. The amount of
the credit for a taxable year shall not exceed one hundred fifty
thousand dollars. No taxpayer is entitled to claim a credit under
this section unless it has obtained a certificate issued by the
director of development under division (D) of section 166.21 of
the Revised Code and submits a copy of the certificate with its
report for the taxable year. Failure to submit a copy of the
certificate with the report does not invalidate a claim for a
credit if the taxpayer submits a copy of the certificate within
sixty days after the tax commissioner requests it. The credit
shall be claimed in the order required under section 5747.98 of
the Revised Code. No credit shall be allowed under this section if
the credit was available against the tax imposed by Chapter 5751.
of the Revised Code except to the extent the credit was not
applied against that tax. The credit, to the extent it exceeds the
taxpayer's tax liability for the taxable year after allowance for
any other credits that precede the credit under this section in
that order, shall be carried forward to the next succeeding
taxable year or years until fully used. Any credit not fully
utilized by the taxable year beginning in 2007 may be carried
forward and applied against the tax levied by Chapter 5751. of the
Revised Code to the extent allowed by section 5751.52 of the
Revised Code.
(C) A borrower entitled to a credit under this section may
assign the credit, or a portion thereof, to any of the following:
(1) A related member of that borrower;
(2) The owner or lessee of the eligible research and
development project;
(3) A related member of the owner or lessee of the eligible
research and development project.
A borrower making an assignment under this division shall
provide written notice of the assignment to the tax commissioner
and the director of development, in such form as the tax
commissioner prescribes, before the credit that was assigned is
used. The assignor may not claim the credit to the extent it was
assigned to an assignee. The assignee may claim the credit only to
the extent the assignor has not claimed it.
(D) If any taxpayer is a shareholder in an S corporation, a
partner in a partnership, or a member in a limited liability
company treated as a partnership for federal income tax purposes,
the taxpayer shall be allowed the taxpayer's distributive or
proportionate share of the credit available through the S
corporation, partnership, or limited liability company.
(E) The aggregate credit against the taxes imposed by
sections 5733.06, 5733.065, 5733.066, and section 5747.02 and
Chapter 5751. of the Revised Code that may be claimed under this
section and section 5733.352 5751.52 of the Revised Code by a
borrower as a result of qualified research and development loan
payments attributable during a calendar year to any one loan shall
not exceed one hundred fifty thousand dollars.
Sec. 5751.52. (A) As used in this section:
(1) "Borrower" means any person that receives a loan from the
director of development under section 166.21 of the Revised Code,
regardless of whether the borrower is subject to the tax imposed
by this chapter.
(2) "Qualified research and development loan payments" has
the same meaning as in section 166.21 of the Revised Code.
(3) "Related member" has the same meaning as in section
5733.042 of the Revised Code.
(B) For tax periods beginning on or after January 1, 2008, a
nonrefundable credit may be claimed under this chapter equal to a
borrower's qualified research and development loan payments made
during the calendar year immediately preceding the tax period for
which the credit is claimed. The amount of the credit for a
calendar year shall not exceed one hundred fifty thousand dollars.
No taxpayer is entitled to claim a credit under this section
unless the taxpayer has obtained a certificate issued by the
director of development under division (D) of section 166.21 of
the Revised Code. The credit shall be claimed in the order
required under section 5151.98 5751.98 of the Revised Code. A
credit claimed in calendar year 2008 may not be applied against
the tax otherwise due under this chapter for a tax period
beginning before July 1, 2008. No credit shall be allowed under
this chapter if the credit was available against the tax imposed
by section 5733.06 or 5747.02 of the Revised Code except to the
extent the credit was not applied against such tax. The credit, to
the extent it exceeds the taxpayer's tax liability for the tax
imposed under this chapter for a tax period after allowance for
any other credits that precede the credit under this section in
that order, shall may either be carried forward to the next
succeeding tax period or periods or be claimed against the tax
imposed under section 5747.02 as authorized under section 5747.331
of the Revised Code, but the amount of the excess credit claimed
against the either tax for any tax period or taxable year shall be
deducted from the balance carried forward to the next tax period.
(C) A borrower entitled to a credit under this section may
assign the credit, or a portion thereof, to any of the following:
(1) A related member of that borrower;
(2) The owner or lessee of the eligible research and
development project;
(3) A related member of the owner or lessee of the eligible
research and development project.
A borrower making an assignment under this division shall
provide written notice of the assignment to the tax commissioner
and the director of development, in such form as the commissioner
prescribes, before the credit that was assigned is used. The
assignor may not claim the credit to the extent it was assigned to
an assignee. The assignee may claim the credit only to the extent
the assignor has not claimed it.
(D) If any taxpayer is a partner in a partnership or a member
in a limited liability company treated as a partnership for
federal income tax purposes, the taxpayer shall be allowed the
taxpayer's distributive or proportionate share of the credit
available through the partnership or limited liability company.
(E) The aggregate credit against the taxes imposed by this
chapter and section 5747.02 of the Revised Code that may be
claimed under this section and section 5747.331 of the Revised
Code by a borrower as a result of qualified research and
development loan payments attributable during a calendar year to
any one loan shall not exceed one hundred fifty thousand dollars.
Section 2. That existing sections 133.01, 715.70, 715.71,
715.74, 4301.80, 4303.181, 4504.08, 4504.09, 5747.24, 5747.331,
and 5751.52 of the Revised Code are hereby repealed.
Section 3. The amendment by this act of sections 5747.331 and
5751.52 of the Revised Code is remedial in nature and applies to
taxable years and tax periods that began on or after January 1,
2008. Taxpayers may file a refund application with the Tax
Commissioner for any of those taxable years or tax periods on the
basis of the credits authorized under those sections. But a
taxpayer may not file an application requesting a refund for
taxable years or tax periods for which the time limits prescribed
in sections 5747.11 and 5751.08 of the Revised Code would prohibit
such a refund, unless the taxpayer files the application with the
Tax Commissioner within one year after the effective date of this
act.
Notwithstanding sections 5747.13, 5747.17, 5751.09, and
5751.12 of the Revised Code, the Tax Commissioner may examine the
records and documents of or may issue an assessment against a
taxpayer for any taxable year or tax period that ended before the
effective date of this act for which the taxpayer files a refund
application on the basis of a credit authorized under section
5747.331 or 5751.52 of the Revised Code as amended by this act,
provided the examination occurs or the assessment is issued not
more than four years after the date the refund application is
filed.
Section 4. That Section 363.487 of Am. Sub. H.B. 59 of the
130th General Assembly be amended to read as follows:
Sec. 363.487. MANUFACTURING WORKFORCE DEVELOPMENT INITIATIVE
Of the foregoing appropriation item 235685, Manufacturing
Workforce Development Initiative, $1,000,000 in fiscal year 2014
shall be used for a demonstration project to purchase portable
welding stations made from large shipping containers and high
level advanced training equipment for use by Lorain County
Community College.
Of the foregoing appropriation item 235685, Manufacturing
Workforce Development Initiative, $1,000,000 in fiscal year 2014
shall be used for a demonstration project to purchase portable
welding stations made from large shipping containers and high
level advanced training equipment for use at the Point Industrial
Park in South Point.
FEDERAL-MILITARY JOBS COMMISSION
The foregoing appropriation item 235693, Federal-Military
Jobs Commission, shall be used by the Federal-Military Jobs
Commission to perform its duties and obligations pursuant to
section 193.05 of the Revised Code and to prepare a statewide
strategy in relation to federal-military jobs in the state.
Section 5. That existing Section 363.487 of Am. Sub. H.B. 59
of the 130th General Assembly is hereby repealed.
Section 6. That Section 363.10 of Am. Sub. H.B. 59 of the
130th General Assembly, as amended by Am. Sub. H.B. 483 of the
130th General Assembly, be amended to read as follows:
Sec. 363.10. BOR BOARD OF REGENTS
GRF |
235321 |
|
Operating Expenses |
|
$ |
2,850,357 |
|
$ |
2,850,357 |
|
|
GRF |
235401 |
|
Lease Rental Payments |
|
$ |
5,805,300 |
|
$ |
0 |
|
|
GRF |
235402 |
|
Sea Grants |
|
$ |
285,000 |
|
$ |
285,000 |
|
|
GRF |
235406 |
|
Articulation and Transfer |
|
$ |
2,000,000 |
|
$ |
2,000,000 |
|
|
GRF |
235408 |
|
Midwest Higher Education Compact |
|
$ |
95,000 |
|
$ |
95,000 |
|
|
GRF |
235409 |
|
HEI Information System |
|
$ |
1,505,683 |
|
$ |
1,505,683 |
|
|
GRF |
235414 |
|
State Grants and Scholarship Administration |
|
$ |
830,180 |
|
$ |
830,180 |
|
|
GRF |
235417 |
|
eStudent Services |
|
$ |
2,532,688 |
|
$ |
2,532,688 |
|
|
GRF |
235428 |
|
Appalachian New Economy Partnership |
|
$ |
737,366 |
|
$ |
737,366 |
|
|
GRF |
235433 |
|
Economic Growth Challenge |
|
$ |
521,153 |
|
$ |
521,153 |
|
|
GRF |
235434 |
|
College Readiness and Access |
|
$ |
1,200,000 |
|
$ |
1,200,000 |
|
|
GRF |
235438 |
|
Choose Ohio First Scholarship |
|
$ |
16,665,114 |
|
$ |
16,665,114 |
|
|
GRF |
235443 |
|
Adult Basic and Literacy Education - State |
|
$ |
7,427,416 |
|
$ |
7,427,416 |
|
|
GRF |
235444 |
|
Post-Secondary Adult Career-Technical Education |
|
$ |
15,817,547 |
|
$ |
15,817,547 |
|
|
GRF |
235474 |
|
Area Health Education Centers Program Support |
|
$ |
900,000 |
|
$ |
900,000 |
|
|
GRF |
235480 |
|
General Technology Operations |
|
$ |
500,000 |
|
$ |
500,000 |
|
|
GRF |
235483 |
|
Technology Integration and Professional Development |
|
$ |
3,378,598 |
|
$ |
2,703,598 |
|
|
GRF |
235501 |
|
State Share of Instruction |
|
$ |
1,789,699,580 |
|
$ |
1,821,325,497 |
|
|
GRF |
235502 |
|
Student Support Services |
|
$ |
632,974 |
|
$ |
632,974 |
|
|
GRF |
235504 |
|
War Orphans Scholarships |
|
$ |
5,500,000 |
|
$ |
5,500,000 |
|
|
GRF |
235507 |
|
OhioLINK |
|
$ |
6,211,012 |
|
$ |
6,211,012 |
|
|
GRF |
235508 |
|
Air Force Institute of Technology |
|
$ |
1,740,803 |
|
$ |
1,740,803 |
|
|
GRF |
235510 |
|
Ohio Supercomputer Center |
|
$ |
3,747,418 |
|
$ |
3,747,418 |
|
|
GRF |
235511 |
|
Cooperative Extension Service |
|
$ |
23,086,658 |
|
$ |
23,056,658 |
|
|
GRF |
235514 |
|
Central State Supplement |
|
$ |
11,063,468 |
|
$ |
11,063,468 |
|
|
GRF |
235515 |
|
Case Western Reserve University School of Medicine |
|
$ |
2,146,253 |
|
$ |
2,146,253 |
|
|
GRF |
235516 |
|
Wright State Lake Campus Agricultural Program |
|
$ |
200,000 |
|
$ |
0 |
|
|
GRF |
235519 |
|
Family Practice |
|
$ |
3,166,185 |
|
$ |
3,166,185 |
|
|
GRF |
235520 |
|
Shawnee State Supplement |
|
$ |
2,326,097 |
|
$ |
2,326,097 |
|
|
GRF |
235523 |
|
Youth STEM Commercialization and Entrepreneurship Program |
|
$ |
2,000,000 |
|
$ |
3,000,000 |
|
|
GRF |
235524 |
|
Police and Fire Protection |
|
$ |
107,814 |
|
$ |
107,814 |
|
|
GRF |
235525 |
|
Geriatric Medicine |
|
$ |
522,151 |
|
$ |
522,151 |
|
|
GRF |
235526 |
|
Primary Care Residencies |
|
$ |
1,500,000 |
|
$ |
1,500,000 |
|
|
GRF |
235535 |
|
Ohio Agricultural Research and Development Center |
|
$ |
34,126,100 |
|
$ |
34,629,970 |
|
|
GRF |
235536 |
|
The Ohio State University Clinical Teaching |
|
$ |
9,668,941 |
|
$ |
9,668,941 |
|
|
GRF |
235537 |
|
University of Cincinnati Clinical Teaching |
|
$ |
7,952,573 |
|
$ |
7,952,573 |
|
|
GRF |
235538 |
|
University of Toledo Clinical Teaching |
|
$ |
6,198,600 |
|
$ |
6,198,600 |
|
|
GRF |
235539 |
|
Wright State University Clinical Teaching |
|
$ |
3,011,400 |
|
$ |
3,011,400 |
|
|
GRF |
235540 |
|
Ohio University Clinical Teaching |
|
$ |
2,911,212 |
|
$ |
2,911,212 |
|
|
GRF |
235541 |
|
Northeast Ohio Medical University Clinical Teaching |
|
$ |
2,994,178 |
|
$ |
2,994,178 |
|
|
GRF |
235552 |
|
Capital Component |
|
$ |
13,628,639 |
|
$ |
10,280,387 |
|
|
GRF |
235555 |
|
Library Depositories |
|
$ |
1,440,342 |
|
$ |
1,440,342 |
|
|
GRF |
235556 |
|
Ohio Academic Resources Network |
|
$ |
3,172,519 |
|
$ |
3,172,519 |
|
|
GRF |
235558 |
|
Long-term Care Research |
|
$ |
325,300 |
|
$ |
325,300 |
|
|
GRF |
235563 |
|
Ohio College Opportunity Grant |
|
$ |
90,284,264 |
|
$ |
90,284,264 |
|
|
GRF |
235572 |
|
The Ohio State University Clinic Support |
|
$ |
766,533 |
|
$ |
766,533 |
|
|
GRF |
235599 |
|
National Guard Scholarship Program |
|
$ |
16,711,514 |
|
$ |
17,384,511 |
|
|
GRF |
235909 |
|
Higher Education General Obligation Debt Service |
|
$ |
215,368,700 |
|
$ |
245,822,000 |
|
|
TOTAL GRF General Revenue Fund
| |
$ |
2,325,262,630 |
|
$ |
2,379,460,162 |
|
|
General Services Fund Group
2200 |
235614 |
|
Program Approval and Reauthorization |
|
$ |
903,595 |
|
$ |
903,595 |
|
|
4560 |
235603 |
|
Sales and Services |
|
$ |
199,250 |
|
$ |
199,250 |
|
|
5JC0 |
235649 |
|
Co-op Internship Program |
|
$ |
8,000,000 |
|
$ |
8,000,000 |
|
|
5JC0 |
235668 |
|
Defense/Aerospace Workforce Development Initiative |
|
$ |
4,000,000 |
|
$ |
4,000,000 |
|
|
5JC0 |
235685 |
|
Manufacturing Workforce Development Initiative |
|
$ |
2,000,000 |
|
$ |
0 |
|
|
5JC0 |
235693 |
|
Federal-Military Jobs Commission |
|
$ |
0 |
|
$ |
700,000 |
|
|
TOTAL GSF General Services
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
15,102,845 |
|
$ |
13,102,845 13,802,845 |
|
|
Federal Special Revenue Fund Group
3120 |
235612 |
|
Carl D. Perkins Grant/Plan Administration |
|
$ |
1,350,000 |
|
$ |
1,350,000 |
|
|
3120 |
235617 |
|
Improving Teacher Quality Grant |
|
$ |
3,200,000 |
|
$ |
3,200,000 |
|
|
3120 |
235641 |
|
Adult Basic and Literacy Education - Federal |
|
$ |
14,835,671 |
|
$ |
14,835,671 |
|
|
3120 |
235672 |
|
H-1B Tech Skills Training |
|
$ |
1,100,000 |
|
$ |
1,100,000 |
|
|
3BW0 |
235630 |
|
Indirect Cost Recovery - Federal |
|
$ |
50,000 |
|
$ |
50,000 |
|
|
3H20 |
235608 |
|
Human Services Project |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
|
|
TOTAL FED Federal Special Revenue
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
21,535,671 |
|
$ |
21,535,671 |
|
|
State Special Revenue Fund Group
4E80 |
235602 |
|
Higher Educational Facility Commission Administration |
|
$ |
29,100 |
|
$ |
29,100 |
|
|
4X10 |
235674 |
|
Telecommunity and Distance Learning |
|
$ |
49,150 |
|
$ |
49,150 |
|
|
5D40 |
235675 |
|
Conferences/Special Purposes |
|
$ |
1,884,095 |
|
$ |
1,884,095 |
|
|
5FR0 |
235643 |
|
Making Opportunity Affordable |
|
$ |
230,000 |
|
$ |
230,000 |
|
|
5P30 |
235663 |
|
Variable Savings Plan |
|
$ |
8,066,920 |
|
$ |
8,104,370 |
|
|
6450 |
235664 |
|
Guaranteed Savings Plan |
|
$ |
1,290,718 |
|
$ |
1,303,129 |
|
|
6820 |
235606 |
|
Nursing Loan Program |
|
$ |
891,320 |
|
$ |
891,320 |
|
|
TOTAL SSR State Special Revenue
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
12,441,303 |
|
$ |
12,491,164 |
|
|
Third Frontier Research & Development Fund Group
7011 |
235634 |
|
Research Incentive Third Frontier Fund |
|
$ |
8,000,000 |
|
$ |
8,000,000 |
|
|
TOTAL 011 Third Frontier Research & Development Fund Group
| |
$ |
8,000,000 |
|
$ |
8,000,000 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
2,382,342,449 |
|
$ |
2,434,589,842 2,435,289,842 |
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Section 7. That existing Section 363.10 of Am. Sub. H.B. 59
of the 130th General Assembly, as amended by Am. Sub. H.B. 483 of
the 130th General Assembly, is hereby repealed.
Section 8. That Section 9 of Am. Sub. H.B. 386 of the 129th
General Assembly, as amended by Am. Sub. H.B. 59 of the 130th
General Assembly, be amended to read as follows:
Sec. 9. (A) As used in this section, "permit holder" and
"track" have the same meanings as in Section 7 of this act.
(B) The Governor, in consultation with the State Racing
Commission, shall discuss, negotiate in good faith, and reach an
agreement with necessary parties regarding providing five Five
hundred thousand dollars per year, for three years, with the first
payment by December 31, 2014, and annually thereafter, shall be
paid to the municipal corporations or townships receiving moneys
from the Casino Operator Settlement Fund under Section 10 of Am.
Sub. H.B. 386 of the 129th General Assembly, as subsequently
amended in which a track was relocated, and not exempted from a
relocation fee, under Sub. H.B. 277 of the 129th General Assembly.
One-half of each annual payment shall be paid by the permit holder
of the track to that municipal corporation or township. The
remaining one-half shall be paid from the Casino Operator
Settlement Fund. If a permit holder fails to make any of the
annual payments required under this section, the State Lottery
Commission, after affording the permit holder an opportunity for
an adjudication under Chapter 119. of the Revised Code, shall
revoke the permit holder's license to operate as a lottery sales
agent that operates video lottery terminal games under Chapter
3770. of the Revised Code.
Section 9. That existing Section 9 of Am. Sub. H.B. 386 of
the 129th General Assembly, as amended by Am. Sub. H.B. 59 of the
130th General Assembly, is hereby repealed.
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