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To amend sections 121.08, 122.136, 122.21, 122.25, | 1 |
122.37, 122.64, 122.89, 122.94, 122.941, 149.311, | 2 |
150.10, 166.13, 166.18, 184.02, 1551.34, 2329.66, | 3 |
3731.02, and 4740.06 and to enact sections 107.35, | 4 |
143.01 to 143.11, 3333.91, and 6301.11 of the | 5 |
Revised Code to revise the coordination of | 6 |
workforce development and economic development | 7 |
programs; to synchronize the due dates of several | 8 |
reports due from the Development Services Agency, | 9 |
the Ohio Venture Capital Authority, and the Third | 10 |
Frontier Commission; to create the Volunteer | 11 |
Police Officers' Dependents Fund to provide death | 12 |
benefits to survivors of volunteer police officers | 13 |
killed in the line of duty and disability benefits | 14 |
to disabled volunteer police officers; to revise | 15 |
the law regarding innovation financial assistance | 16 |
and research and development financial assistance; | 17 |
to require the Department of Job and Family | 18 |
Services to consult with the Governor's executive | 19 |
workforce board and create a list of in-demand | 20 |
jobs in this state; and to permit the Director of | 21 |
Commerce, the State Fire Marshal, and the Ohio | 22 |
Construction Industry Licensing Board to establish | 23 |
compliance incentive programs. | 24 |
Section 1. That sections 121.08, 122.136, 122.21, 122.25, | 25 |
122.37, 122.64, 122.89, 122.94, 122.941, 149.311, 150.10, 166.13, | 26 |
166.18, 184.02, 1551.34, 2329.66, 3731.02, and 4740.06 be amended | 27 |
and sections 107.35, 143.01, 143.02, 143.03, 143.04, 143.05, | 28 |
143.06, 143.07, 143.08, 143.09, 143.10, 143.11, 3333.91, and | 29 |
6301.11 of the Revised Code be enacted to read as follows: | 30 |
Sec. 107.35. Not later than December 31, 2014, the | 31 |
governor's office of workforce transformation, with staff support | 32 |
and assistance from the departments of job and family services and | 33 |
education and the Ohio board of regents, shall establish criteria | 34 |
to use for evaluating the performance of state and local workforce | 35 |
programs using basic, aligned workforce measures related to system | 36 |
efficiency and effectiveness. The office shall develop and make | 37 |
available on the internet through a web site a public dashboard to | 38 |
display metrics regarding the state's administration of primary | 39 |
workforce programs, including the following programs: | 40 |
(A) The adult basic and literacy education program; | 41 |
(B) Programs administered under the federal "Carl D. Perkins | 42 |
Career and Technical Education Act of 2006," 120 Stat. 683, 20 | 43 |
U.S.C. 2301 et seq., as amended; | 44 |
(C) State aid and scholarships within the Ohio board of | 45 |
regents; | 46 |
(D) Programs administered under title I of the federal | 47 |
"Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C. 2801 | 48 |
et seq., as amended. | 49 |
Sec. 121.08. (A) There is hereby created in the department | 50 |
of commerce the position of deputy director of administration. | 51 |
This officer shall be appointed by the director of commerce, serve | 52 |
under the director's direction, supervision, and control, perform | 53 |
the duties the director prescribes, and hold office during the | 54 |
director's pleasure. The director of commerce may designate an | 55 |
assistant director of commerce to serve as the deputy director of | 56 |
administration. The deputy director of administration shall | 57 |
perform the duties prescribed by the director of commerce in | 58 |
supervising the activities of the division of administration of | 59 |
the department of commerce. | 60 |
(B) Except as provided in section 121.07 of the Revised Code, | 61 |
the department of commerce shall have all powers and perform all | 62 |
duties vested in the deputy director of administration, the state | 63 |
fire marshal, the superintendent of financial institutions, the | 64 |
superintendent of real estate and professional licensing, the | 65 |
superintendent of liquor control, the superintendent of industrial | 66 |
compliance, the superintendent of unclaimed funds, and the | 67 |
commissioner of securities, and shall have all powers and perform | 68 |
all duties vested by law in all officers, deputies, and employees | 69 |
of those offices. Except as provided in section 121.07 of the | 70 |
Revised Code, wherever powers are conferred or duties imposed upon | 71 |
any of those officers, the powers and duties shall be construed as | 72 |
vested in the department of commerce. | 73 |
(C)(1) There is hereby created in the department of commerce | 74 |
a division of financial institutions, which shall have all powers | 75 |
and perform all duties vested by law in the superintendent of | 76 |
financial institutions. Wherever powers are conferred or duties | 77 |
imposed upon the superintendent of financial institutions, those | 78 |
powers and duties shall be construed as vested in the division of | 79 |
financial institutions. The division of financial institutions | 80 |
shall be administered by the superintendent of financial | 81 |
institutions. | 82 |
(2) All provisions of law governing the superintendent of | 83 |
financial institutions shall apply to and govern the | 84 |
superintendent of financial institutions provided for in this | 85 |
section; all authority vested by law in the superintendent of | 86 |
financial institutions with respect to the management of the | 87 |
division of financial institutions shall be construed as vested in | 88 |
the superintendent of financial institutions created by this | 89 |
section with respect to the division of financial institutions | 90 |
provided for in this section; and all rights, privileges, and | 91 |
emoluments conferred by law upon the superintendent of financial | 92 |
institutions shall be construed as conferred upon the | 93 |
superintendent of financial institutions as head of the division | 94 |
of financial institutions. The director of commerce shall not | 95 |
transfer from the division of financial institutions any of the | 96 |
functions specified in division (C)(2) of this section. | 97 |
(D) There is hereby created in the department of commerce a | 98 |
division of liquor control, which shall have all powers and | 99 |
perform all duties vested by law in the superintendent of liquor | 100 |
control. Wherever powers are conferred or duties are imposed upon | 101 |
the superintendent of liquor control, those powers and duties | 102 |
shall be construed as vested in the division of liquor control. | 103 |
The division of liquor control shall be administered by the | 104 |
superintendent of liquor control. | 105 |
(E) The director of commerce shall not be interested, | 106 |
directly or indirectly, in any firm or corporation which is a | 107 |
dealer in securities as defined in sections 1707.01 and 1707.14 of | 108 |
the Revised Code, or in any firm or corporation licensed under | 109 |
sections 1321.01 to 1321.19 of the Revised Code. | 110 |
(F) The director of commerce shall not have any official | 111 |
connection with a savings and loan association, a savings bank, a | 112 |
bank, a bank holding company, a savings and loan association | 113 |
holding company, a consumer finance company, or a credit union | 114 |
that is under the supervision of the division of financial | 115 |
institutions, or a subsidiary of any of the preceding entities, or | 116 |
be interested in the business thereof. | 117 |
(G) There is hereby created in the state treasury the | 118 |
division of administration fund. The fund shall receive | 119 |
assessments on the operating funds of the department of commerce | 120 |
in accordance with procedures prescribed by the director of | 121 |
commerce and approved by the director of budget and management. | 122 |
All operating expenses of the division of administration shall be | 123 |
paid from the division of administration fund. | 124 |
(H) There is hereby created in the department of commerce a | 125 |
division of real estate and professional licensing, which shall be | 126 |
under the control and supervision of the director of commerce. The | 127 |
division of real estate and professional licensing shall be | 128 |
administered by the superintendent of real estate and professional | 129 |
licensing. The superintendent of real estate and professional | 130 |
licensing shall exercise the powers and perform the functions and | 131 |
duties delegated to the superintendent under Chapters 4735., | 132 |
4763., and 4767. of the Revised Code. | 133 |
(I) There is hereby created in the department of commerce a | 134 |
division of industrial compliance, which shall have all powers and | 135 |
perform all duties vested by law in the superintendent of | 136 |
industrial compliance. Wherever powers are conferred or duties | 137 |
imposed upon the superintendent of industrial compliance, those | 138 |
powers and duties shall be construed as vested in the division of | 139 |
industrial compliance. The division of industrial compliance shall | 140 |
be under the control and supervision of the director of commerce | 141 |
and be administered by the superintendent of industrial | 142 |
compliance. | 143 |
(J) There is hereby created in the department of commerce a | 144 |
division of unclaimed funds, which shall have all powers and | 145 |
perform all duties delegated to or vested by law in the | 146 |
superintendent of unclaimed funds. Wherever powers are conferred | 147 |
or duties imposed upon the superintendent of unclaimed funds, | 148 |
those powers and duties shall be construed as vested in the | 149 |
division of unclaimed funds. The division of unclaimed funds shall | 150 |
be under the control and supervision of the director of commerce | 151 |
and shall be administered by the superintendent of unclaimed | 152 |
funds. The superintendent of unclaimed funds shall exercise the | 153 |
powers and perform the functions and duties delegated to the | 154 |
superintendent by the director of commerce under section 121.07 | 155 |
and Chapter 169. of the Revised Code, and as may otherwise be | 156 |
provided by law. | 157 |
(K) The department of commerce or a division of the | 158 |
department created by the Revised Code that is acting with | 159 |
authorization on the department's behalf may request from the | 160 |
bureau of criminal identification and investigation pursuant to | 161 |
section 109.572 of the Revised Code, or coordinate with | 162 |
appropriate federal, state, and local government agencies to | 163 |
accomplish, criminal records checks for the persons whose | 164 |
identities are required to be disclosed by an applicant for the | 165 |
issuance or transfer of a permit, license, certificate of | 166 |
registration, or certification issued or transferred by the | 167 |
department or division. At or before the time of making a request | 168 |
for a criminal records check, the department or division may | 169 |
require any person whose identity is required to be disclosed by | 170 |
an applicant for the issuance or transfer of such a license, | 171 |
permit, certificate of registration, or certification to submit to | 172 |
the department or division valid fingerprint impressions in a | 173 |
format and by any media or means acceptable to the bureau of | 174 |
criminal identification and investigation and, when applicable, | 175 |
the federal bureau of investigation. The department or division | 176 |
may cause the bureau of criminal identification and investigation | 177 |
to conduct a criminal records check through the federal bureau of | 178 |
investigation only if the person for whom the criminal records | 179 |
check would be conducted resides or works outside of this state or | 180 |
has resided or worked outside of this state during the preceding | 181 |
five years, or if a criminal records check conducted by the bureau | 182 |
of criminal identification and investigation within this state | 183 |
indicates that the person may have a criminal record outside of | 184 |
this state. | 185 |
In the case of a criminal records check under section 109.572 | 186 |
of the Revised Code, the department or division shall forward to | 187 |
the bureau of criminal identification and investigation the | 188 |
requisite form, fingerprint impressions, and fee described in | 189 |
division (C) of that section. When requested by the department or | 190 |
division in accordance with this section, the bureau of criminal | 191 |
identification and investigation shall request from the federal | 192 |
bureau of investigation any information it has with respect to the | 193 |
person who is the subject of the requested criminal records check | 194 |
and shall forward the requisite fingerprint impressions and | 195 |
information to the federal bureau of investigation for that | 196 |
criminal records check. After conducting a criminal records check | 197 |
or receiving the results of a criminal records check from the | 198 |
federal bureau of investigation, the bureau of criminal | 199 |
identification and investigation shall provide the results to the | 200 |
department or division. | 201 |
The department or division may require any person about whom | 202 |
a criminal records check is requested to pay to the department or | 203 |
division the amount necessary to cover the fee charged to the | 204 |
department or division by the bureau of criminal identification | 205 |
and investigation under division (C)(3) of section 109.572 of the | 206 |
Revised Code, including, when applicable, any fee for a criminal | 207 |
records check conducted by the federal bureau of investigation. | 208 |
(L) The director of commerce, or the director's designee, may | 209 |
adopt rules to enhance compliance with statutes pertaining to, and | 210 |
rules adopted by, divisions under the direction, supervision, and | 211 |
control of the department or director by offering incentive-based | 212 |
programs that ensure safety and soundness while promoting growth | 213 |
and prosperity in the state. | 214 |
Sec. 122.136. The director of development services shall | 215 |
prepare and submit a report to the governor and the general | 216 |
assembly annually on or before the first day of | 217 |
the services and activities of the employee ownership assistance | 218 |
program for the preceding calendar year. The director shall | 219 |
include in the report information regarding the number, names, and | 220 |
locations of business establishments that have been or likely will | 221 |
be assisted as employee-owned corporations; recommendations on how | 222 |
to better operate the program; information regarding the | 223 |
effectiveness of the program in maintaining and improving | 224 |
employment in the state; and the number of individuals affected by | 225 |
the activities of the program. | 226 |
Sec. 122.21. In administering the urban and rural initiative | 227 |
grant program created under section 122.20 of the Revised Code, | 228 |
the director of development services shall do all of the | 229 |
following: | 230 |
(A) Annually designate, by the first day of January of each | 231 |
year, the entities that constitute the eligible areas in this | 232 |
state; | 233 |
(B) Adopt rules in accordance with Chapter 119. of the | 234 |
Revised Code establishing procedures and forms by which eligible | 235 |
applicants in eligible areas may apply for a grant, which | 236 |
procedures shall include a requirement that the applicant file a | 237 |
redevelopment plan; standards and procedures for reviewing | 238 |
applications and awarding grants; procedures for distributing | 239 |
grants to recipients; procedures for monitoring the use of grants | 240 |
by recipients; requirements, procedures, and forms by which | 241 |
recipients who have received grants shall report their use of that | 242 |
assistance; and standards and procedures for terminating and | 243 |
requiring repayment of grants in the event of their improper use. | 244 |
The rules adopted under this division shall comply with sections | 245 |
122.19 to 122.22 of the Revised Code and shall include a rule | 246 |
requiring that an eligible applicant who receives a grant from the | 247 |
program provide a matching contribution of at least twenty-five | 248 |
per cent of the amount of the grant awarded to the eligible | 249 |
applicant. | 250 |
The rules shall require that any eligible applicant for a | 251 |
grant for land acquisition demonstrate to the director that the | 252 |
property to be acquired meets all state environmental requirements | 253 |
and that utilities for that property are available and adequate. | 254 |
The rules shall require that any eligible applicant for a grant | 255 |
for property eligible for the voluntary action program created | 256 |
under Chapter 3746. of the Revised Code receive disbursement of | 257 |
grant moneys only after receiving a covenant not to sue from the | 258 |
director of environmental protection under section 3746.12 of the | 259 |
Revised Code and shall require that those moneys be disbursed only | 260 |
as reimbursement of actual expenses incurred in the undertaking of | 261 |
the voluntary action. The rules shall require that whenever any | 262 |
money is granted for land acquisition, infrastructure | 263 |
improvements, or renovation of existing structures in order to | 264 |
develop an industrial park site for a distressed area, labor | 265 |
surplus area, or situational distress area as defined in section | 266 |
122.19 of the Revised Code that also is a distressed area, labor | 267 |
surplus area, or situational distress area as defined in section | 268 |
122.23 of the Revised Code, a substantial portion of the site be | 269 |
used for manufacturing, distribution, high technology, research | 270 |
and development, or other businesses in which a majority of the | 271 |
product or service produced is exported out of the state. Any | 272 |
retail use at the site shall not constitute a primary use but only | 273 |
a use incidental to other eligible uses. The rules shall require | 274 |
that whenever any money is granted for land acquisition, | 275 |
infrastructure improvements, and renovation of existing structures | 276 |
in order to develop an industrial park site for a distressed area, | 277 |
labor surplus area, or situational distress area as defined in | 278 |
section 122.19 of the Revised Code that also is a distressed area, | 279 |
labor surplus area, or situational distress area as defined in | 280 |
section 122.23 of the Revised Code, the applicant for the grant | 281 |
shall verify to the
| 282 |
existence of a local economic development planning committee in a | 283 |
municipal corporation, county, or township whose territory | 284 |
includes the eligible area. The committee shall consist of members | 285 |
of the public and private sectors who live in that municipal | 286 |
corporation, county, or township. The local economic development | 287 |
planning committee shall prepare and submit to the | 288 |
agency a five-year economic development plan for that municipal | 289 |
corporation, county, or township that identifies, for the | 290 |
five-year period covered by the plan, the economic development | 291 |
strategies of a municipal corporation, county, or township whose | 292 |
territory includes the proposed industrial park site. The economic | 293 |
development plan shall describe in detail how the proposed | 294 |
industrial park would complement other current or planned economic | 295 |
development programs for that municipal corporation, county, or | 296 |
township, including, but not limited to, workforce development | 297 |
initiatives, business retention and expansion efforts, small | 298 |
business development programs, and technology modernization | 299 |
programs. | 300 |
(C) Report to the governor, president of the senate, speaker | 301 |
of the house of representatives, and minority leaders of the | 302 |
senate and the house of representatives by the | 303 |
of | 304 |
the program during the preceding calendar year. The report shall | 305 |
include the total number of grants made that year, and, for each | 306 |
individual grant awarded, the following: the amount and recipient, | 307 |
the eligible applicant, the purpose for awarding the grant, the | 308 |
number of firms or businesses operating at the awarded site, the | 309 |
number of employees employed by each firm or business, any excess | 310 |
capacity at an industrial park site, and any additional | 311 |
information the director declares to be relevant. | 312 |
(D) Inform local governments and others in the state of the | 313 |
availability of grants under section 122.20 of the Revised Code; | 314 |
(E) Annually compile, pursuant to rules adopted by the | 315 |
director of development services in accordance with Chapter 119. | 316 |
of the Revised Code, using pertinent information submitted by any | 317 |
municipal corporation, county, or township, a list of industrial | 318 |
parks located in the state. The list shall include the following | 319 |
information, expressed if possible in terms specified in the | 320 |
director's rules adopted under this division: location of each | 321 |
industrial park site, total acreage of each park site, total | 322 |
occupancy of each park site, total capacity for new business at | 323 |
each park site, total capacity of each park site for sewer, water, | 324 |
and electricity, a contact person for each park site, and any | 325 |
additional information the director declares to be relevant. Once | 326 |
the list is compiled, the director shall make it available to the | 327 |
governor, president of the senate, speaker of the house of | 328 |
representatives, and minority leaders of the senate and the house | 329 |
of representatives. | 330 |
Sec. 122.25. (A) In administering the program established | 331 |
under section 122.24 of the Revised Code, the director of | 332 |
development services shall do all of the following: | 333 |
(1) Annually designate, by the first day of January of each | 334 |
year, the entities that constitute the eligible areas in this | 335 |
state as defined in section 122.23 of the Revised Code; | 336 |
(2) Inform local governments and others in the state of the | 337 |
availability of the program and financial assistance established | 338 |
under sections 122.23 to 122.27 of the Revised Code; | 339 |
(3) Report to the governor, president of the senate, speaker | 340 |
of the house of representatives, and minority leaders of the | 341 |
senate and the house of representatives by the
| 342 |
of
| 343 |
the program during the preceding calendar year. The report shall | 344 |
include the number of loans made that year and the amount and | 345 |
recipient of each loan. | 346 |
(4) Work in conjunction with conventional lending | 347 |
institutions, local revolving loan funds, private investors, and | 348 |
other private and public financing sources to provide loans or | 349 |
loan guarantees to eligible applicants; | 350 |
(5) Establish fees, charges, interest rates, payment | 351 |
schedules, local match requirements, and other terms and | 352 |
conditions for loans and loan guarantees provided under the | 353 |
program; | 354 |
(6) Require each applicant to demonstrate the suitability of | 355 |
any site for the assistance sought; that the site has been | 356 |
surveyed, that the site has adequate or available utilities, and | 357 |
that there are no zoning restrictions, environmental regulations, | 358 |
or other matters impairing the use of the site for the purpose | 359 |
intended; | 360 |
(7) Require each applicant to provide a marketing plan and | 361 |
management strategy for the project; | 362 |
(8) Adopt rules establishing all of the following: | 363 |
(a) Forms and procedures by which eligible applicants may | 364 |
apply for assistance; | 365 |
(b) Criteria for reviewing, evaluating, and ranking | 366 |
applications, and for approving applications that best serve the | 367 |
goals of the program; | 368 |
(c) Reporting requirements and monitoring procedures; | 369 |
(d) Guidelines regarding situations in which industrial parks | 370 |
would be considered to compete against one another for the | 371 |
purposes of division (B)(2) of section 122.27 of the Revised Code; | 372 |
(e) Any other rules necessary to implement and administer the | 373 |
program. | 374 |
(B) The director may adopt rules establishing requirements | 375 |
governing the use of any industrial park site receiving assistance | 376 |
under section 122.24 of the Revised Code, such that a certain | 377 |
portion of the site must be used for manufacturing, distribution, | 378 |
high technology, research and development, or other businesses | 379 |
wherein a majority of the product or service produced is exported | 380 |
out of the state. | 381 |
(C) As a condition of receiving assistance under section | 382 |
122.24 of the Revised Code, and except as provided in division (D) | 383 |
of this section, an applicant shall agree, for a period of five | 384 |
years, not to permit the use of a site that is developed or | 385 |
improved with such assistance to cause the relocation of jobs to | 386 |
that site from elsewhere in the state. | 387 |
(D) A site developed or improved with assistance under | 388 |
section 122.24 of the Revised Code may be the site of jobs | 389 |
relocated from elsewhere in the state if the director of | 390 |
development services does all of the following: | 391 |
(1) Makes a written determination that the site from which | 392 |
the jobs would be relocated is inadequate to meet market or | 393 |
industry conditions, expansion plans, consolidation plans, or | 394 |
other business considerations affecting the relocating employer; | 395 |
(2) Provides a copy of the determination required by division | 396 |
(D)(1) of this section to the members of the general assembly | 397 |
whose legislative districts include the site from which the jobs | 398 |
would be relocated; | 399 |
(3) Determines that the governing body of the area from which | 400 |
the jobs would be relocated has been notified in writing by the | 401 |
relocating company of the possible relocation. | 402 |
(E) The director of development services shall obtain the | 403 |
approval of the controlling board for any loan or loan guarantee | 404 |
provided under sections 122.23 to 122.27 of the Revised Code. | 405 |
Sec. 122.37. (A) There is hereby created in the
| 406 |
407 | |
purpose of preserving and improving the existing industrial base | 408 |
of the state, improving the economy of the state by providing | 409 |
employment, increased productivity, and ensuring continued | 410 |
technological development consistent with these goals, and | 411 |
maintaining a high standard of living for the people of this | 412 |
state. The steel futures | 413 |
other enterprise assistance program administered by the director | 414 |
of development services, and shall be administered so as to | 415 |
provide financial and technical assistance to increase the | 416 |
competitiveness of existing steel and steel-related industries in | 417 |
this state, and to encourage establishment and development of new | 418 |
industries of this type within the state. | 419 |
| 420 |
421 | |
technical assistance to steel and steel-related industries in the | 422 |
state, which shall include investment policies with regard to | 423 |
these industries. | 424 |
(B) In administering the program, the director may consult | 425 |
with appropriate representatives of steel and steel-related | 426 |
industries, appropriate representatives of any union that | 427 |
represents workers in these industries, and other persons with | 428 |
expert knowledge in these industries. | 429 |
(C) The director of development services shall consult with | 430 |
the
| 431 |
foster development of public and private cooperative efforts that | 432 |
result in energy savings and reduced energy costs for steel and | 433 |
steel-related industries. | 434 |
(D) Assistance may be made available to steel and | 435 |
steel-related industries undertaking projects the director | 436 |
determines to have long-term implications for and broad | 437 |
applicability to the economy of this state when the director | 438 |
finds: | 439 |
(1) The undertaking of projects by the industries will | 440 |
benefit the people of the state by creating or preserving jobs and | 441 |
employment opportunities or improving the economic welfare of the | 442 |
people of this state, and promoting development of new technology | 443 |
or improving application of existing steel and steel-related | 444 |
technology. | 445 |
(2) The undertaking of projects by the industries will allow | 446 |
them to compete more effectively in the marketplace. | 447 |
(E) Projects eligible to receive assistance under the steel | 448 |
futures program may include, but are not limited to, the following | 449 |
areas: | 450 |
(1) Research and development specifically related to steel | 451 |
and steel-related industries and feasibility studies for business | 452 |
development within these industries; | 453 |
(2) Employee training; | 454 |
(3) Labor and management relations; and | 455 |
(4) Technology-driven capital investment. | 456 |
(F) Financial and technical assistance may be in the form and | 457 |
conditioned upon terms as the director considers appropriate. | 458 |
(G) No later than the | 459 |
460 | |
461 | |
director shall submit a report to the general assembly describing | 462 |
projects of the steel futures program, results obtained from | 463 |
completed projects of the program, and program projects for the | 464 |
next fiscal year. | 465 |
Sec. 122.64. (A) There is hereby established in the | 466 |
development services agency a business services division. The | 467 |
division shall be supervised by a deputy director appointed by the | 468 |
director of development services. | 469 |
The division is responsible for the administration of the | 470 |
state economic development financing programs established pursuant | 471 |
to sections 122.17 and 122.18, sections 122.39 and 122.41 to | 472 |
122.62, and Chapter 166. of the Revised Code. | 473 |
(B) The director of development services shall: | 474 |
(1) Receive applications for assistance pursuant to sections | 475 |
122.39 and 122.41 to 122.62 and Chapter 166. of the Revised Code. | 476 |
The director shall process the applications. | 477 |
(2) With the approval of the director of administrative | 478 |
services, establish salary schedules for employees of the various | 479 |
positions of employment with the division and assign the various | 480 |
positions to those salary schedules; | 481 |
(3) Employ and fix the compensation of financial consultants, | 482 |
appraisers, consulting engineers, superintendents, managers, | 483 |
construction and accounting experts, attorneys, and other agents | 484 |
for the assistance programs authorized pursuant to sections 122.17 | 485 |
and 122.18, sections 122.39 and 122.41 to 122.62, and Chapter 166. | 486 |
of the Revised Code as are necessary; | 487 |
(4) Supervise the administrative operations of the division; | 488 |
(5) On or before the first day of | 489 |
year, make an annual report of the activities and operations under | 490 |
assistance programs authorized pursuant to sections 122.39 and | 491 |
122.41 to 122.62 and Chapter 166. of the Revised Code for the | 492 |
preceding fiscal year to the governor and the general assembly. | 493 |
Each such report shall set forth a complete operating and | 494 |
financial statement covering such activities and operations during | 495 |
the year in accordance with generally accepted accounting | 496 |
principles and shall be audited by a certified public accountant. | 497 |
The director of development services shall transmit a copy of the | 498 |
audited financial report to the office of budget and management. | 499 |
Sec. 122.89. (A) The director of development services may | 500 |
execute bonds as surety for minority businesses as principals, on | 501 |
contracts with the state, any political subdivision or | 502 |
instrumentality thereof, or any person as the obligee. The | 503 |
director as surety may exercise all the rights and powers of a | 504 |
company authorized by the department of insurance to execute bonds | 505 |
as surety but shall not be subject to any requirements of a surety | 506 |
company under Title XXXIX of the Revised Code nor to any rules of | 507 |
the department of insurance. | 508 |
(B) The director, with the advice of the minority development | 509 |
financing advisory board, shall adopt rules under Chapter 119. of | 510 |
the Revised Code establishing procedures for application for | 511 |
surety bonds by minority businesses and for review and approval of | 512 |
applications. The board shall review each application in | 513 |
accordance with the rules and, based on the bond worthiness of | 514 |
each applicant, shall refer all qualified applicants to the | 515 |
director. Based on the recommendation of the board, the director | 516 |
shall determine whether or not the applicant shall receive | 517 |
bonding. | 518 |
(C) The rules of the board shall require the minority | 519 |
business to pay a premium in advance for the bond to be | 520 |
established by the director, with the advice of the board after | 521 |
the director receives advice from the superintendent of insurance | 522 |
regarding the standard market rates for premiums for similar | 523 |
bonds. All premiums paid by minority businesses shall be paid into | 524 |
the minority business bonding program administrative and loss | 525 |
reserve fund. | 526 |
(D) The rules of the board shall provide for a retainage of | 527 |
money paid to the minority business or EDGE business enterprise of | 528 |
fifteen per cent for a contract valued at more than fifty thousand | 529 |
dollars and for a retainage of twelve per cent for a contract | 530 |
valued at fifty thousand dollars or less. | 531 |
(E) The penal sum amounts of all outstanding bonds issued by | 532 |
the director shall not exceed the amount of moneys in the minority | 533 |
business bonding fund and available to the fund under division (B) | 534 |
of section 169.05 of the Revised Code. | 535 |
(F) The superintendent of insurance shall provide such | 536 |
technical and professional assistance as is considered necessary | 537 |
by the director, including providing advice regarding the standard | 538 |
market rates for bond premiums as described under division (C) of | 539 |
this section. | 540 |
(G) Notwithstanding any provision of the Revised Code to the | 541 |
contrary, a minority business or EDGE business enterprise may bid | 542 |
or enter into a contract with the state or with any | 543 |
instrumentality of the state without being required to provide a | 544 |
bond as follows: | 545 |
(1) For the first contract that a minority business or EDGE | 546 |
business enterprise enters into with the state or with any | 547 |
particular instrumentality of the state, the minority business or | 548 |
EDGE business enterprise may bid or enter into a contract valued | 549 |
at twenty-five thousand dollars or less without being required to | 550 |
provide a bond, but only if the minority business or EDGE business | 551 |
enterprise is participating in a qualified contractor assistance | 552 |
program or has successfully completed a qualified contractor | 553 |
assistance program after | 554 |
October 16, 2009; | 555 |
(2) After the state or any particular instrumentality of the | 556 |
state has accepted the first contract as completed and all | 557 |
subcontractors and suppliers on the contract have been paid, the | 558 |
minority business or EDGE business enterprise may bid or enter | 559 |
into a second contract with the state or with that particular | 560 |
instrumentality of the state valued at fifty thousand dollars or | 561 |
less without being required to provide a bond, but only if the | 562 |
minority business or EDGE business enterprise is participating in | 563 |
a qualified contractor assistance program or has successfully | 564 |
completed a qualified contractor assistance program after | 565 |
566 |
(3) After the state or any particular instrumentality of the | 567 |
state has accepted the second contract as completed and all | 568 |
subcontractors and suppliers on the contract have been paid, the | 569 |
minority business or EDGE business enterprise may bid or enter | 570 |
into a third contract with the state or with that particular | 571 |
instrumentality of the state valued at one hundred thousand | 572 |
dollars or less without being required to provide a bond, but only | 573 |
if the minority business or EDGE business enterprise has | 574 |
successfully completed a qualified contractor assistance program | 575 |
after | 576 |
(4) After the state or any particular instrumentality of the | 577 |
state has accepted the third contract as completed and all | 578 |
subcontractors and suppliers on the contract have been paid, the | 579 |
minority business or EDGE business enterprise may bid or enter | 580 |
into a fourth contract with the state or with that particular | 581 |
instrumentality of the state valued at three hundred thousand | 582 |
dollars or less without being required to provide a bond, but only | 583 |
if the minority business or EDGE business enterprise has | 584 |
successfully completed a qualified contractor assistance program | 585 |
after | 586 |
(5) After the state or any instrumentality of the state has | 587 |
accepted the fourth contract as completed and all subcontractors | 588 |
and suppliers on the contract have been paid, upon a showing that | 589 |
with respect to a contract valued at four hundred thousand dollars | 590 |
or less with the state or with any particular instrumentality of | 591 |
the state, that the minority business or EDGE business enterprise | 592 |
either has been denied a bond by two surety companies or that the | 593 |
minority business or EDGE business enterprise has applied to two | 594 |
surety companies for a bond and, at the expiration of sixty days | 595 |
after making the application, has neither received nor been denied | 596 |
a bond, the minority business or EDGE business enterprise may | 597 |
repeat its participation in the unbonded state contractor program. | 598 |
Under no circumstances shall a minority business or EDGE business | 599 |
enterprise be permitted to participate in the unbonded state | 600 |
contractor program more than twice. | 601 |
(H) Notwithstanding any provision of the Revised Code to the | 602 |
contrary, a minority business or EDGE business enterprise may bid | 603 |
or enter into a contract with any political subdivision of the | 604 |
state or with any instrumentality of a political subdivision | 605 |
without being required to provide a bond as follows: | 606 |
(1) For the first contract that the minority business or EDGE | 607 |
business enterprise enters into with any particular political | 608 |
subdivision of the state or with any particular instrumentality of | 609 |
a political subdivision, the minority business or EDGE business | 610 |
enterprise may bid or enter into a contract valued at twenty-five | 611 |
thousand dollars or less without being required to provide a bond, | 612 |
but only if the minority business or EDGE business enterprise is | 613 |
participating in a qualified contractor assistance program or has | 614 |
successfully completed a qualified contractor assistance program | 615 |
after | 616 |
(2) After any political subdivision of the state or any | 617 |
instrumentality of a political subdivision has accepted the first | 618 |
contract as completed and all subcontractors and suppliers on the | 619 |
contract have been paid, the minority business or EDGE business | 620 |
enterprise may bid or enter into a second contract with that | 621 |
particular political subdivision of the state or with that | 622 |
particular instrumentality of a political subdivision valued at | 623 |
fifty thousand dollars or less without being required to provide a | 624 |
bond, but only if the minority business or EDGE business | 625 |
enterprise is participating in a qualified contractor assistance | 626 |
program or has successfully completed a qualified contractor | 627 |
assistance program after | 628 |
October 16, 2009; | 629 |
(3) After any political subdivision of the state or any | 630 |
instrumentality of a political subdivision has accepted the second | 631 |
contract as completed and all subcontractors and suppliers on the | 632 |
contract have been paid, the minority business or EDGE business | 633 |
enterprise may bid or enter into a third contract with that | 634 |
particular political subdivision of the state or with that | 635 |
particular instrumentality of a political subdivision valued at | 636 |
one hundred thousand dollars or less without being required to | 637 |
provide a bond, but only if the minority business or EDGE business | 638 |
enterprise has successfully completed a qualified contractor | 639 |
assistance program after | 640 |
October 16, 2009; | 641 |
(4) After any political subdivision of the state or any | 642 |
instrumentality of a political subdivision has accepted the third | 643 |
contract as completed and all subcontractors and suppliers on the | 644 |
contract have been paid, the minority business or EDGE business | 645 |
enterprise may bid or enter into a fourth contract with that | 646 |
particular political subdivision of the state or with that | 647 |
particular instrumentality of a political subdivision valued at | 648 |
two hundred thousand dollars or less without being required to | 649 |
provide a bond, but only if the minority business or EDGE business | 650 |
enterprise has successfully completed a qualified contractor | 651 |
assistance program after | 652 |
October 16, 2009; | 653 |
(5) After any political subdivision of the state or any | 654 |
instrumentality of a political subdivision has accepted the fourth | 655 |
contract as completed and all subcontractors and suppliers on the | 656 |
contract have been paid, upon a showing that with respect to a | 657 |
contract valued at three hundred thousand dollars or less with any | 658 |
political subdivision of the state or any instrumentality of a | 659 |
political subdivision, that the minority business or EDGE business | 660 |
enterprise either has been denied a bond by two surety companies | 661 |
or that the minority business or EDGE business enterprise has | 662 |
applied to two surety companies for a bond and, at the expiration | 663 |
of sixty days after making the application, has neither received | 664 |
nor been denied a bond, the minority business or EDGE business | 665 |
enterprise may repeat its participation in the unbonded political | 666 |
subdivision contractor program. Under no circumstances shall a | 667 |
minority business or EDGE business enterprise be permitted to | 668 |
participate in the unbonded political subdivision contractor | 669 |
program more than twice. | 670 |
(I) Notwithstanding any provision of the Revised Code to the | 671 |
contrary, if a minority business or EDGE business enterprise has | 672 |
entered into two or more contracts with the state or with any | 673 |
instrumentality of the state, the minority business or EDGE | 674 |
business enterprise may bid or enter into a contract with a | 675 |
political subdivision of the state or with any instrumentality of | 676 |
a political subdivision valued at the level at which the minority | 677 |
business or EDGE business enterprise would qualify if entering | 678 |
into an additional contract with the state. | 679 |
(J) The director of development services shall coordinate and | 680 |
oversee the unbonded state contractor program described in | 681 |
division (G) of this section, the unbonded political subdivision | 682 |
contractor program described in division (H) of this section, and | 683 |
the approval of a qualified contractor assistance program. The | 684 |
director shall prepare an annual report and submit it to the | 685 |
governor and the general assembly on or before the first day of | 686 |
687 | |
director's activities for the preceding calendar year regarding | 688 |
the unbonded state contractor program, the unbonded political | 689 |
subdivision contractor program, and the qualified contractor | 690 |
assistance program; a summary and description of the operations | 691 |
and activities of these programs; an assessment of the | 692 |
achievements of these programs; and a recommendation as to whether | 693 |
these programs need to continue. | 694 |
(K) As used in this section: | 695 |
(1) "EDGE business enterprise" means an EDGE business | 696 |
enterprise certified under section 123.152 of the Revised Code. | 697 |
(2) "Qualified contractor assistance program" means an | 698 |
educational program or technical assistance program for business | 699 |
development that is designed to assist a minority business or EDGE | 700 |
business enterprise in becoming eligible for bonding and has been | 701 |
approved by the director of development services for use as | 702 |
required under this section. | 703 |
(3) "Successfully completed a qualified contractor assistance | 704 |
program" means the minority business or EDGE business enterprise | 705 |
completed such a program on or after | 706 |
707 |
(4) "Unbonded state contractor program" means the program | 708 |
described in division (G) of this section. | 709 |
(5) "Unbonded political subdivision contractor program" means | 710 |
the program described in division (H) of this section. | 711 |
Sec. 122.94. The director of development services shall: | 712 |
(A) Promulgate rules in accordance with Chapter 119. of the | 713 |
Revised Code for the conduct of the minority business development | 714 |
division's business and for carrying out the purposes of sections | 715 |
122.92 to 122.94 of the Revised Code; | 716 |
(B) Prepare an annual report to the governor and the general | 717 |
assembly on or before the first day of | 718 |
activities for the preceding calendar year. | 719 |
Sec. 122.941. (A) On or before the first day of | 720 |
August in each year, the director of development services shall | 721 |
make an annual report of the activities and operations under the | 722 |
assistance programs of the | 723 |
for the preceding fiscal year to the governor and general | 724 |
assembly. The annual report shall include a detailing of those | 725 |
grants, guarantees, loans, and other forms of state assistance to | 726 |
women-owned businesses. | 727 |
(B) As used in this section: | 728 |
(1) "Women-owned business" means any individual, partnership, | 729 |
corporation, or joint venture of any kind that is owned and | 730 |
controlled by women who are United States citizens and residents | 731 |
of this state. | 732 |
(2) "Owned and controlled" means that at least fifty-one per | 733 |
cent of the business, including corporate stock if it is a | 734 |
corporation, is owned by women and that such owners have control | 735 |
over the day-to-day operations of the business and an interest in | 736 |
the capital, assets, and profits and losses of the business | 737 |
proportionate to their percentage of ownership. In order to | 738 |
qualify as a women-owned business, a business shall have been | 739 |
owned by such owners at least one year. | 740 |
Sec. 143.01. As used in this chapter: | 741 |
(A) "Killed in the line of duty" means either of the | 742 |
following: | 743 |
(1) Death in the line of duty; | 744 |
(2) Death from injury sustained in the line of duty, | 745 |
including heart attack or other fatal injury or illness caused | 746 |
while in the line of duty. | 747 |
(B) "Totally and permanently disabled" means unable to engage | 748 |
in any substantial gainful employment for a period of not less | 749 |
than twelve months by reason of a medically determinable physical | 750 |
impairment that is permanent or presumed to be permanent. | 751 |
(C) "Volunteer police officer" means any person who is | 752 |
employed as a police officer or sheriff's deputy in a part-time, | 753 |
reserve, or volunteer capacity by a county sheriff's department or | 754 |
the police department of a municipal corporation, township, | 755 |
township police district, or joint police district and is not a | 756 |
member of the public employees retirement system, Ohio police and | 757 |
fire pension fund, state highway patrol retirement system, or the | 758 |
Cincinnati retirement system. | 759 |
Sec. 143.02. (A) There is hereby established the volunteer | 760 |
police officers dependents fund. | 761 |
Each county, municipal corporation, township, township police | 762 |
district, and joint police district with a police or sheriff's | 763 |
department that employs volunteer police officers is a member of | 764 |
the volunteer police officers' dependents fund and shall establish | 765 |
a volunteer police officers' dependents fund board. Each board | 766 |
shall consist of the following board members: | 767 |
(1) Two board members, elected by the legislative authority | 768 |
of the fund member that maintains the police or sheriff's | 769 |
department; | 770 |
(2) Two board members, elected by the volunteer police | 771 |
officers of the police or sheriff's department; | 772 |
(3) One board member, elected by the board members elected | 773 |
pursuant to divisions (A)(1) and (2) of this section. The board | 774 |
member must be an elector of the fund member in which the police | 775 |
or sheriff's department is located, but not a public employee, | 776 |
member of the legislative authority, or police officer of that | 777 |
police or sheriff's department. | 778 |
(B) The term of office of a board member begins the first day | 779 |
of January and is one year. | 780 |
(C)(1) The election of the board members specified in | 781 |
division (A)(1) of this section shall be held each year not | 782 |
earlier than the first day of November and not later than the | 783 |
second Monday in December. The election of the member specified in | 784 |
division (A)(3) of this section shall be held each year on or | 785 |
before the thirty-first day of December. | 786 |
(2) The members specified in division (A)(2) of this section | 787 |
shall be elected on or before the second Monday in December, as | 788 |
follows: | 789 |
(a) The secretary of the board shall give notice of the | 790 |
election by posting it in a conspicuous place at the headquarters | 791 |
of the police or sheriff's department. Between nine a.m. and nine | 792 |
p.m. on the day designated, each person eligible to vote shall | 793 |
send in writing the name of two persons eligible to be elected to | 794 |
the board who are the person's choices. | 795 |
(b) All votes cast at the election shall be counted and | 796 |
recorded by the board, which shall announce the result. The two | 797 |
persons receiving the highest number of votes are elected. If | 798 |
there is a tie vote for any two persons, the election shall be | 799 |
decided by lot or in any other way agreed on by the persons for | 800 |
whom the tie vote was cast. | 801 |
(D) Any vacancy occurring on a board shall be filled at a | 802 |
special election called by the board's secretary. | 803 |
Sec. 143.03. A volunteer police officers' dependents fund | 804 |
board shall meet promptly after election of the board's members | 805 |
and organize. The board shall select from among its members a | 806 |
chairperson and a secretary. | 807 |
The secretary of the board shall keep a complete record of | 808 |
the board's proceedings, which shall be maintained as a permanent | 809 |
file. | 810 |
Board members shall serve without compensation. | 811 |
The legislative authority of the fund member shall provide | 812 |
sufficient meeting space and supplies for the board to carry out | 813 |
its duties. | 814 |
The secretary shall submit all of the following to the | 815 |
director of commerce: | 816 |
(A) The name and address of each board member and an | 817 |
indication of the group or authority that elected the member; | 818 |
(B) The names of the chairperson and secretary; | 819 |
(C) A certificate indicating the current assessed property | 820 |
valuation of the fund member that is prepared by the clerk of the | 821 |
fund member. | 822 |
Sec. 143.04. Each volunteer police officers' dependents fund | 823 |
board may adopt rules as necessary for handling and processing | 824 |
claims for benefits. | 825 |
The board shall perform such other duties as are necessary to | 826 |
implement this chapter. | 827 |
Sec. 143.05. The prosecuting attorney of the county in which | 828 |
a fund member is located shall serve as the legal advisor for the | 829 |
volunteer police officer's dependents' board. | 830 |
Sec. 143.06. (A) The volunteer police officers' dependents | 831 |
fund shall be maintained in the state treasury. All investment | 832 |
earnings of the fund shall be collected by the treasurer of state | 833 |
and placed to the credit of the fund. | 834 |
(B) Each fund member shall pay to the treasurer of state, to | 835 |
the credit of the fund, an initial premium as follows: | 836 |
(1) Each member with an assessed property valuation of less | 837 |
than seven million dollars, three hundred dollars; | 838 |
(2) Each member with an assessed property valuation of seven | 839 |
million dollars but less than fourteen million dollars, three | 840 |
hundred fifty dollars; | 841 |
(3) Each member with an assessed property valuation of | 842 |
fourteen million dollars but less than twenty-one million dollars, | 843 |
four hundred dollars; | 844 |
(4) Each member with an assessed property valuation of | 845 |
twenty-one million dollars but less than twenty-eight million | 846 |
dollars, four hundred fifty dollars; | 847 |
(5) Each member with an assessed property valuation of | 848 |
twenty-eight million dollars or over, five hundred dollars. | 849 |
Sec. 143.07. The total of all initial premiums collected by | 850 |
the treasurer of state under section 143.06 of the Revised Code is | 851 |
the basic capital account of the volunteer police officers' | 852 |
dependents fund. No further contributions are required of fund | 853 |
members until claims against the fund have reduced it to | 854 |
ninety-five per cent or less of its basic capital account. In that | 855 |
event, the director of commerce shall cause the following | 856 |
assessments, based on current property valuation, to be made and | 857 |
certified to the legislative authority of each member of the fund: | 858 |
(A) Each member with an assessed property valuation of less | 859 |
than seven million dollars, ninety dollars; | 860 |
(B) Each member with an assessed property valuation of seven | 861 |
million dollars but less than fourteen million dollars, one | 862 |
hundred five dollars; | 863 |
(C) Each member with an assessed property valuation of | 864 |
fourteen million dollars but less than twenty-one million dollars, | 865 |
one hundred twenty dollars; | 866 |
(D) Each member with an assessed property valuation of | 867 |
twenty-one million dollars but less than twenty-eight million | 868 |
dollars, one hundred thirty-five dollars; | 869 |
(E) Each member with an assessed property valuation of | 870 |
twenty-eight million dollars or more, one hundred fifty dollars. | 871 |
Sec. 143.08. (A) If a premium is not paid as provided in | 872 |
section 143.06 of the Revised Code, the director of commerce shall | 873 |
certify the failure as an assessment against the fund member to | 874 |
the auditor of the county within which the member is located. The | 875 |
county auditor shall withhold the amount of the assessment, | 876 |
together with interest at the rate of six per cent from the due | 877 |
date of the premium, from the next ensuing tax settlement due the | 878 |
member and pay the amount to the treasurer of state to the credit | 879 |
of the volunteer police officers' dependents fund. | 880 |
If the secretary of a volunteer police officers' dependents | 881 |
fund board fails to submit to the director a certificate of the | 882 |
current assessed property valuation in accordance with section | 883 |
143.03 of the Revised Code, the director shall use division (B)(5) | 884 |
of section 143.06 of the Revised Code as a basis for the | 885 |
assessment. | 886 |
(B) If a fund member does not pay the assessment provided in | 887 |
section 143.07 of the Revised Code within forty-five days after | 888 |
notice, the director shall proceed with collection in accordance | 889 |
with division (A) of this section. | 890 |
Sec. 143.09. (A) A volunteer police officer who is totally | 891 |
and permanently disabled as a result of discharging the duties of | 892 |
a volunteer police officer shall receive a benefit from the | 893 |
volunteer police officers' dependents fund of three hundred | 894 |
dollars per month, except that no payment shall be made to a | 895 |
volunteer police officer who is receiving the officer's full | 896 |
salary during the time of the officer's disability. | 897 |
(B) Regardless of whether the volunteer police officer | 898 |
received a benefit under division (A) of this section, death | 899 |
benefits shall be paid from the fund to the surviving spouse or | 900 |
dependent children of a volunteer police officer who is killed in | 901 |
the line of duty. Death benefits shall be paid as follows: | 902 |
(1) To the surviving spouse of a volunteer police officer | 903 |
killed in the line of duty, an award of one thousand dollars, and | 904 |
in addition, a benefit of three hundred dollars per month; | 905 |
(2) To the parent, guardian, or other persons on whom a child | 906 |
of a volunteer police officer killed in the line of duty is | 907 |
dependent for chief financial support, a benefit of one hundred | 908 |
twenty-five dollars per month for each dependent child under age | 909 |
eighteen, or under age twenty-two if attending an institution of | 910 |
learning or training pursuant to a program designed to complete in | 911 |
each school year the equivalent of at least two-thirds of the | 912 |
full-time curriculum requirements of the institution. | 913 |
(C) An individual eligible for benefits payable under this | 914 |
section shall file a claim for benefits with the appropriate | 915 |
volunteer police officers' dependents fund board on a form | 916 |
provided by the board. All of the following information shall be | 917 |
submitted with the claim: | 918 |
(1) In the case of a totally and permanently disabled | 919 |
volunteer police officer, the following: | 920 |
(a) The name of the police or sheriff's department for which | 921 |
the officer was a volunteer police officer; | 922 |
(b) The date of the injury; | 923 |
(c) Satisfactory medical evidence that the officer is totally | 924 |
and permanently disabled. | 925 |
(2) In the case of a surviving spouse or a parent, guardian, | 926 |
or other person in charge of a dependent child, the following: | 927 |
(a) The full name of the deceased volunteer police officer; | 928 |
(b) The name of the police or sheriff's department for which | 929 |
the deceased officer was a volunteer police officer; | 930 |
(c) The name and address of the surviving spouse, as | 931 |
applicable; | 932 |
(d) The names, ages, and addresses of any dependent children; | 933 |
(e) Any other evidence required by the board. | 934 |
(D) All claimants shall certify that neither the claimant nor | 935 |
the person on whose behalf the claim is filed qualifies for other | 936 |
benefits from any of the following based on the officer's service | 937 |
as a volunteer police officer: the public employees retirement | 938 |
system, Ohio police and fire pension fund, state highway patrol | 939 |
retirement system, Cincinnati retirement system, or Ohio public | 940 |
safety officers death benefit fund. | 941 |
(E) Initial claims shall be filed with the volunteer police | 942 |
officers' dependents fund board of the fund member in which the | 943 |
officer was a volunteer police officer. Thereafter, on request of | 944 |
the claimant or the board, claims may be transferred to a board | 945 |
near the claimant's current residence, if the boards concerned | 946 |
agree to the transfer. | 947 |
Sec. 143.10. (A)(1) Not later than five days after receipt | 948 |
of a claim for benefits, a volunteer police officers' dependents | 949 |
fund board shall meet and determine the validity of the claim. If | 950 |
the board determines that the claim is valid, it shall make a | 951 |
determination of the amount due and certify its determination to | 952 |
the director of commerce for payment. The certificate shall show | 953 |
the name and address of the board, the name and address of each | 954 |
beneficiary, the amount to be received by or on behalf of each | 955 |
beneficiary, and the name and address of the person to whom | 956 |
payments are to be made. | 957 |
(2) If the board determines that a claimant is ineligible for | 958 |
benefits, the board shall deny the claim and issue to the claimant | 959 |
a copy of its order. | 960 |
(B) The board may make a continuing order for monthly | 961 |
payments to a claimant for a period not exceeding three months | 962 |
from the date of the determination. The determination may be | 963 |
modified after issuance to reflect any changes in the claimant's | 964 |
eligibility. If no changes occur at the end of the three-month | 965 |
period, the director may provide for payment if the board | 966 |
certifies that the original certificate is continued for an | 967 |
additional three-month period. | 968 |
Sec. 143.11. The right of an individual to a benefit under | 969 |
this chapter shall not be subject to execution, garnishment, | 970 |
attachment, the operation of bankruptcy or insolvency laws, or | 971 |
other process of law whatsoever, and shall be unassignable except | 972 |
as specifically provided in this chapter and sections 3105.171, | 973 |
3105.65, and 3115.32 and Chapters 3119., 3121., 3123., and 3125. | 974 |
of the Revised Code. | 975 |
Sec. 149.311. (A) As used in this section: | 976 |
(1) "Historic building" means a building, including its | 977 |
structural components, that is located in this state and that is | 978 |
either individually listed on the national register of historic | 979 |
places under 16 U.S.C. 470a, located in a registered historic | 980 |
district, and certified by the state historic preservation officer | 981 |
as being of historic significance to the district, or is | 982 |
individually listed as an historic landmark designated by a local | 983 |
government certified under 16 U.S.C. 470a(c). | 984 |
(2) "Qualified rehabilitation expenditures" means | 985 |
expenditures paid or incurred during the rehabilitation period, | 986 |
and before and after that period as determined under 26 U.S.C. 47, | 987 |
by an owner or qualified lessee of an historic building to | 988 |
rehabilitate the building. "Qualified rehabilitation expenditures" | 989 |
includes architectural or engineering fees paid or incurred in | 990 |
connection with the rehabilitation, and expenses incurred in the | 991 |
preparation of nomination forms for listing on the national | 992 |
register of historic places. "Qualified rehabilitation | 993 |
expenditures" does not include any of the following: | 994 |
(a) The cost of acquiring, expanding, or enlarging an | 995 |
historic building; | 996 |
(b) Expenditures attributable to work done to facilities | 997 |
related to the building, such as parking lots, sidewalks, and | 998 |
landscaping; | 999 |
(c) New building construction costs. | 1000 |
(3) "Owner" of an historic building means a person holding | 1001 |
the fee simple interest in the building. "Owner" does not include | 1002 |
the state or a state agency, or any political subdivision as | 1003 |
defined in section 9.23 of the Revised Code. | 1004 |
(4) "Qualified lessee" means a person subject to a lease | 1005 |
agreement for an historic building and eligible for the federal | 1006 |
rehabilitation tax credit under 26 U.S.C. 47. "Qualified lessee" | 1007 |
does not include the state or a state agency or political | 1008 |
subdivision as defined in section 9.23 of the Revised Code. | 1009 |
(5) "Certificate owner" means the owner or qualified lessee | 1010 |
of an historic building to which a rehabilitation tax credit | 1011 |
certificate was issued under this section. | 1012 |
(6) "Registered historic district" means an historic district | 1013 |
listed in the national register of historic places under 16 U.S.C. | 1014 |
470a, an historic district designated by a local government | 1015 |
certified under 16 U.S.C. 470a(c), or a local historic district | 1016 |
certified under 36 C.F.R. 67.8 and 67.9. | 1017 |
(7) "Rehabilitation" means the process of repairing or | 1018 |
altering an historic building or buildings, making possible an | 1019 |
efficient use while preserving those portions and features of the | 1020 |
building and its site and environment that are significant to its | 1021 |
historic, architectural, and cultural values. | 1022 |
(8) "Rehabilitation period" means one of the following: | 1023 |
(a) If the rehabilitation initially was not planned to be | 1024 |
completed in stages, a period chosen by the owner or qualified | 1025 |
lessee not to exceed twenty-four months during which | 1026 |
rehabilitation occurs; | 1027 |
(b) If the rehabilitation initially was planned to be | 1028 |
completed in stages, a period chosen by the owner or qualified | 1029 |
lessee not to exceed sixty months during which rehabilitation | 1030 |
occurs. Each stage shall be reviewed as a phase of a | 1031 |
rehabilitation as determined under 26 C.F.R. 1.48-12 or a | 1032 |
successor to that section. | 1033 |
(9) "State historic preservation officer" or "officer" means | 1034 |
the state historic preservation officer appointed by the governor | 1035 |
under 16 U.S.C. 470a. | 1036 |
(B) The owner or qualified lessee of an historic building may | 1037 |
apply to the director of development services for a rehabilitation | 1038 |
tax credit certificate for qualified rehabilitation expenditures | 1039 |
paid or incurred by such owner or qualified lessee after April 4, | 1040 |
2007, for rehabilitation of an historic building. If the owner of | 1041 |
an historic building enters a pass-through agreement with a | 1042 |
qualified lessee for the purposes of the federal rehabilitation | 1043 |
tax credit under 26 U.S.C. 47, the qualified rehabilitation | 1044 |
expenditures paid or incurred by the owner after April 4, 2007, | 1045 |
may be attributed to the qualified lessee. | 1046 |
The form and manner of filing such applications shall be | 1047 |
prescribed by rule of the director. Each application shall state | 1048 |
the amount of qualified rehabilitation expenditures the applicant | 1049 |
estimates will be paid or incurred. The director may require | 1050 |
applicants to furnish documentation of such estimates. | 1051 |
The director, after consultation with the tax commissioner | 1052 |
and in accordance with Chapter 119. of the Revised Code, shall | 1053 |
adopt rules that establish all of the following: | 1054 |
(1) Forms and procedures by which applicants may apply for | 1055 |
rehabilitation tax credit certificates; | 1056 |
(2) Criteria for reviewing, evaluating, and approving | 1057 |
applications for certificates within the limitations under | 1058 |
division (D) of this section, criteria for assuring that the | 1059 |
certificates issued encompass a mixture of high and low qualified | 1060 |
rehabilitation expenditures, and criteria for issuing certificates | 1061 |
under division (C)(3)(b) of this section; | 1062 |
(3) Eligibility requirements for obtaining a certificate | 1063 |
under this section; | 1064 |
(4) The form of rehabilitation tax credit certificates; | 1065 |
(5) Reporting requirements and monitoring procedures; | 1066 |
(6) Procedures and criteria for conducting cost-benefit | 1067 |
analyses of historic buildings that are the subjects of | 1068 |
applications filed under this section. The purpose of a | 1069 |
cost-benefit analysis shall be to determine whether rehabilitation | 1070 |
of the historic building will result in a net revenue gain in | 1071 |
state and local taxes once the building is used. | 1072 |
(7) Any other rules necessary to implement and administer | 1073 |
this section. | 1074 |
(C) The director of development services shall review the | 1075 |
applications with the assistance of the state historic | 1076 |
preservation officer and determine whether all of the following | 1077 |
criteria are met: | 1078 |
(1) That the building that is the subject of the application | 1079 |
is an historic building and the applicant is the owner or | 1080 |
qualified lessee of the building; | 1081 |
(2) That the rehabilitation will satisfy standards prescribed | 1082 |
by the United States secretary of the interior under 16 U.S.C. | 1083 |
470, et seq., as amended, and 36 C.F.R. 67.7 or a successor to | 1084 |
that section; | 1085 |
(3) That receiving a rehabilitation tax credit certificate | 1086 |
under this section is a major factor in: | 1087 |
(a) The applicant's decision to rehabilitate the historic | 1088 |
building; or | 1089 |
(b) To increase the level of investment in such | 1090 |
rehabilitation. | 1091 |
An applicant shall demonstrate to the satisfaction of the | 1092 |
state historic preservation officer and director of development | 1093 |
services that the rehabilitation will satisfy the standards | 1094 |
described in division (C)(2) of this section before the applicant | 1095 |
begins the physical rehabilitation of the historic building. | 1096 |
(D)(1) If the director of development services determines | 1097 |
that an application meets the criteria in divisions (C)(1), (2), | 1098 |
and (3) of this section, the director shall conduct a cost-benefit | 1099 |
analysis for the historic building that is the subject of the | 1100 |
application to determine whether rehabilitation of the historic | 1101 |
building will result in a net revenue gain in state and local | 1102 |
taxes once the building is used. The director shall consider the | 1103 |
results of the cost-benefit analysis in determining whether to | 1104 |
approve the application. The director shall also consider the | 1105 |
potential economic impact and the regional distributive balance of | 1106 |
the credits throughout the state. The director may approve an | 1107 |
application only after completion of the cost-benefit analysis. | 1108 |
(2) A rehabilitation tax credit certificate shall not be | 1109 |
issued for an amount greater than the estimated amount furnished | 1110 |
by the applicant on the application for such certificate and | 1111 |
approved by the director. The director shall not approve more than | 1112 |
a total of sixty million dollars of rehabilitation tax credits per | 1113 |
fiscal year but the director may reallocate unused tax credits | 1114 |
from a prior fiscal year for new applicants and such reallocated | 1115 |
credits shall not apply toward the dollar limit of this division. | 1116 |
(3) For rehabilitations with a rehabilitation period not | 1117 |
exceeding twenty-four months as provided in division (A) | 1118 |
of this section, a rehabilitation tax credit certificate shall not | 1119 |
be issued before the rehabilitation of the historic building is | 1120 |
completed. | 1121 |
(4) For rehabilitations with a rehabilitation period not | 1122 |
exceeding sixty months as provided in division (A) | 1123 |
this section, a rehabilitation tax credit certificate shall not be | 1124 |
issued before a stage of rehabilitation is completed. After all | 1125 |
stages of rehabilitation are completed, if the director cannot | 1126 |
determine that the criteria in division (C) of this section are | 1127 |
satisfied for all stages of rehabilitations, the director shall | 1128 |
certify this finding to the tax commissioner, and any | 1129 |
rehabilitation tax credits received by the applicant shall be | 1130 |
repaid by the applicant and may be collected by assessment as | 1131 |
unpaid tax by the commissioner. | 1132 |
(5) The director of development services shall require the | 1133 |
applicant to provide a third-party cost certification by a | 1134 |
certified public accountant of the actual costs attributed to the | 1135 |
rehabilitation of the historic building when qualified | 1136 |
rehabilitation expenditures exceed two hundred thousand dollars. | 1137 |
If an applicant whose application is approved for receipt of | 1138 |
a rehabilitation tax credit certificate fails to provide to the | 1139 |
director sufficient evidence of reviewable progress, including a | 1140 |
viable financial plan, copies of final construction drawings, and | 1141 |
evidence that the applicant has obtained all historic approvals | 1142 |
within twelve months after the date the applicant received | 1143 |
notification of approval, and if the applicant fails to provide | 1144 |
evidence to the director that the applicant has secured and closed | 1145 |
on financing for the rehabilitation within eighteen months after | 1146 |
receiving notification of approval, the director may rescind the | 1147 |
approval of the application. The director shall notify the | 1148 |
applicant if the approval has been rescinded. Credits that would | 1149 |
have been available to an applicant whose approval was rescinded | 1150 |
shall be available for other qualified applicants. Nothing in this | 1151 |
division prohibits an applicant whose approval has been rescinded | 1152 |
from submitting a new application for a rehabilitation tax credit | 1153 |
certificate. | 1154 |
(E) Issuance of a certificate represents a finding by the | 1155 |
director of development services of the matters described in | 1156 |
divisions (C)(1), (2), and (3) of this section only; issuance of a | 1157 |
certificate does not represent a verification or certification by | 1158 |
the director of the amount of qualified rehabilitation | 1159 |
expenditures for which a tax credit may be claimed under section | 1160 |
5725.151, 5725.34, 5726.52, 5729.17, 5733.47, or 5747.76 of the | 1161 |
Revised Code. The amount of qualified rehabilitation expenditures | 1162 |
for which a tax credit may be claimed is subject to inspection and | 1163 |
examination by the tax commissioner or employees of the | 1164 |
commissioner under section 5703.19 of the Revised Code and any | 1165 |
other applicable law. Upon the issuance of a certificate, the | 1166 |
director shall certify to the tax commissioner, in the form and | 1167 |
manner requested by the tax commissioner, the name of the | 1168 |
applicant, the amount of qualified rehabilitation expenditures | 1169 |
shown on the certificate, and any other information required by | 1170 |
the rules adopted under this section. | 1171 |
(F)(1) On or before the first day of | 1172 |
the director of development services and tax commissioner jointly | 1173 |
shall submit to the president of the senate and the speaker of the | 1174 |
house of representatives a report on the tax credit program | 1175 |
established under this section and sections 5725.151, 5725.34, | 1176 |
5726.52, 5729.17, 5733.47, and 5747.76 of the Revised Code. The | 1177 |
report shall present an overview of the program and shall include | 1178 |
information on the number of rehabilitation tax credit | 1179 |
certificates issued under this section during the preceding fiscal | 1180 |
year, an update on the status of each historic building for which | 1181 |
an application was approved under this section, the dollar amount | 1182 |
of the tax credits granted under sections 5725.151, 5725.34, | 1183 |
5726.52, 5729.17, 5733.47, and 5747.76 of the Revised Code, and | 1184 |
any other information the director and commissioner consider | 1185 |
relevant to the topics addressed in the report. | 1186 |
(2) On or before December 1, 2015, the director of | 1187 |
development services and tax commissioner jointly shall submit to | 1188 |
the president of the senate and the speaker of the house of | 1189 |
representatives a comprehensive report that includes the | 1190 |
information required by division (F)(1) of this section and a | 1191 |
detailed analysis of the effectiveness of issuing tax credits for | 1192 |
rehabilitating historic buildings. The report shall be prepared | 1193 |
with the assistance of an economic research organization jointly | 1194 |
chosen by the director and commissioner. | 1195 |
(G) There is hereby created in the state treasury the | 1196 |
historic rehabilitation tax credit operating fund. The director of | 1197 |
development services is authorized to charge reasonable | 1198 |
application and other fees in connection with the administration | 1199 |
of tax credits authorized by this section and sections 5725.151, | 1200 |
5725.34, 5726.52, 5729.17, | 1201 |
Revised Code. Any such fees collected shall be credited to the | 1202 |
fund and used to pay reasonable costs incurred by the department | 1203 |
of development services in administering this section and sections | 1204 |
5725.151, 5725.34, 5726.52, 5729.17, | 1205 |
of the Revised Code. | 1206 |
The Ohio historic preservation office is authorized to charge | 1207 |
reasonable fees in connection with its review and approval of | 1208 |
applications under this section. Any such fees collected shall be | 1209 |
credited to the fund and used to pay administrative costs incurred | 1210 |
by the Ohio historic preservation office pursuant to this section. | 1211 |
Sec. 150.10. (A) On the first day of January of the second | 1212 |
year after the date of entering into an agreement under section | 1213 |
150.05 of the Revised Code and on the first day of August of each | 1214 |
ensuing year, the authority shall file with the clerk of the house | 1215 |
of representatives, the clerk of the senate, and the chairpersons | 1216 |
of the house and senate standing committees predominantly | 1217 |
concerned with economic development a written report on the Ohio | 1218 |
venture capital program. The report shall include all the | 1219 |
following: | 1220 |
(1) A description of the details of the investment policy | 1221 |
established or modified in accordance with sections 150.03 and | 1222 |
150.04 of the Revised Code; | 1223 |
(2) The authority's assessment of the program's achievement | 1224 |
of its purpose stated in section 150.01 of the Revised Code; | 1225 |
(3) The value of tax credit certificates issued by the | 1226 |
authority under section 150.07 of the Revised Code in each fiscal | 1227 |
year ending on or before the preceding thirtieth day of June; | 1228 |
(4) The amount of tax credits claimed pursuant to section | 1229 |
5707.031, 5725.19, 5726.53, 5727.241, 5729.08, 5733.49, or 5747.80 | 1230 |
of the Revised Code, as to the respective taxes involved; | 1231 |
(5) The financial status of the Ohio venture capital fund; | 1232 |
(6) The names of venture capital funds in which money from | 1233 |
the program fund has been invested and the locations of their | 1234 |
principal offices, and the names of the enterprises in which each | 1235 |
of those venture capital funds has invested such money and the | 1236 |
locations of those enterprises' principal offices; | 1237 |
(7) Any recommendations for modifying the program to better | 1238 |
achieve the purpose stated in section 150.01 of the Revised Code. | 1239 |
(B) During each year that a report is issued under division | 1240 |
(A) of this section, the chairperson of the authority, or another | 1241 |
member of the authority designated by the chairperson as the | 1242 |
authority's representative, shall be required to appear in person | 1243 |
before the standing committees of the house and senate | 1244 |
predominantly concerned with economic development to give | 1245 |
testimony concerning the status of the Ohio venture capital | 1246 |
program. | 1247 |
Sec. 166.13. (A) Prior to entering into each agreement to | 1248 |
provide innovation financial assistance under sections 166.12, | 1249 |
166.15, and 166.16 of the Revised Code, the director of | 1250 |
development services shall determine whether the assistance will | 1251 |
conform to the requirements of sections 166.12 to 166.16 of the | 1252 |
Revised Code. Such determination, and the facts upon which it is | 1253 |
based, shall be set forth by the director in submissions made to | 1254 |
the controlling board when the director seeks a release of moneys | 1255 |
under section 166.12 of the Revised Code. An agreement to provide | 1256 |
assistance under sections 166.12, 166.15, and 166.16 of the | 1257 |
Revised Code shall set forth the determination, which shall be | 1258 |
conclusive for purposes of the validity and enforceability of the | 1259 |
agreement and any innovation loan guarantees, innovation loans, or | 1260 |
other agreements entered into pursuant to the agreement to provide | 1261 |
innovation financial assistance. | 1262 |
(B) Whenever a person applies for innovation financial | 1263 |
assistance under sections 166.12, 166.15, and 166.16 of the | 1264 |
Revised Code and the eligible innovation project for which | 1265 |
innovation financial assistance is requested is to relocate an | 1266 |
eligible innovation project that is currently being operated by | 1267 |
the person and that is located in another county, municipal | 1268 |
corporation, or township, the | 1269 |
written notification to the appropriate local governmental bodies | 1270 |
and state officials. The | 1271 |
1272 |
| 1273 |
1274 |
| 1275 |
1276 | |
1277 |
| 1278 |
1279 | |
director may not enter into an agreement to provide innovation | 1280 |
financial assistance until the director determines that the | 1281 |
appropriate local government bodies and state officials have been | 1282 |
notified. | 1283 |
(C) As used in division (B) of this section: | 1284 |
(1) "Appropriate local governmental bodies" means: | 1285 |
(a) The boards of county commissioners or legislative | 1286 |
authorities of the county in which the project for which | 1287 |
innovation financial assistance is requested is located and of the | 1288 |
county in which the eligible innovation project to be replaced is | 1289 |
located; | 1290 |
(b) The legislative authority of the municipal corporation or | 1291 |
the board of township trustees of the township in which the | 1292 |
eligible innovation project for which innovation financial | 1293 |
assistance is requested is located; and | 1294 |
(c) The legislative authority of the municipal corporation or | 1295 |
the board of township trustees of the township in which the | 1296 |
eligible innovation project to be replaced is located. | 1297 |
(2) "State officials" means: | 1298 |
(a) The state representative and state senator in whose | 1299 |
districts the project for which innovation financial assistance is | 1300 |
requested is located; | 1301 |
(b) The state representative and state senator in whose | 1302 |
districts the innovation project to be replaced is located. | 1303 |
Sec. 166.18. (A) Prior to entering into each agreement to | 1304 |
provide research and development financial assistance, the | 1305 |
director of development services shall determine whether the | 1306 |
assistance will conform to the requirements of sections 166.17 to | 1307 |
166.21, 5733.352, and 5747.331 of the Revised Code. Such | 1308 |
determination, and the facts upon which it is based, shall be set | 1309 |
forth by the director in submissions made to the controlling board | 1310 |
when the director seeks a release of moneys under section 166.17 | 1311 |
of the Revised Code. An agreement to provide research and | 1312 |
development financial assistance under section 166.17 or 166.21 of | 1313 |
the Revised Code shall set forth the determination, which shall be | 1314 |
conclusive for purposes of the validity and enforceability of the | 1315 |
agreement, and any loans or other agreements entered into pursuant | 1316 |
to the agreement, to provide research and development financial | 1317 |
assistance. | 1318 |
(B) Whenever a person applies for research and development | 1319 |
financial assistance, and the eligible research and development | 1320 |
project for which that assistance is requested is to relocate an | 1321 |
eligible research and development project that is currently being | 1322 |
operated by the person and that is located in another county, | 1323 |
municipal corporation, or township within the state, the | 1324 |
person shall provide written notification to the appropriate local | 1325 |
governmental bodies and state officials. The | 1326 |
1327 |
| 1328 |
1329 |
| 1330 |
1331 | |
1332 |
| 1333 |
1334 | |
1335 | |
enter into an agreement to provide research and development | 1336 |
financial assistance until the director determines that the | 1337 |
appropriate local government bodies and state officials have been | 1338 |
notified. | 1339 |
(C) As used in division (B) of this section: | 1340 |
(1) "Appropriate local governmental bodies" means all of the | 1341 |
following: | 1342 |
(a) The board of county commissioners of or legislative | 1343 |
authorities of special districts in the county in which the | 1344 |
eligible research and development project for which research and | 1345 |
development financial assistance is requested is located and of | 1346 |
the county in which the project will be located; | 1347 |
(b) The legislative authority of the municipal corporation or | 1348 |
the board of township trustees of the township in which the | 1349 |
eligible research and development project for which research and | 1350 |
development financial assistance is requested is located and of | 1351 |
the municipal corporation or township in which the project will be | 1352 |
located. | 1353 |
(2) "State officials" means both of the following: | 1354 |
(a) The state representative and state senator in whose | 1355 |
district the eligible research and development project for which | 1356 |
research and development financial assistance is requested is | 1357 |
located; | 1358 |
(b) The state representative and state senator in whose | 1359 |
district the eligible research and development project will be | 1360 |
located. | 1361 |
Sec. 184.02. (A) In addition to the powers and duties under | 1362 |
sections 184.10 to 184.20 and 184.37 of the Revised Code, the | 1363 |
third frontier commission may perform any act to ensure the | 1364 |
performance of any function necessary or appropriate to carry out | 1365 |
the purposes of, and exercise the powers granted under, sections | 1366 |
184.01 and 184.02 of the Revised Code. In addition, the commission | 1367 |
may do any of the following: | 1368 |
(1) Adopt, amend, and rescind rules under section 111.15 of | 1369 |
the Revised Code for the administration of any aspect of its | 1370 |
operations; | 1371 |
(2) Adopt bylaws governing its operations, including bylaws | 1372 |
that establish procedures and set policies as may be necessary to | 1373 |
assist with the furtherance of its purposes; | 1374 |
(3) Appoint and set the compensation of employees needed to | 1375 |
carry out its duties; | 1376 |
(4) Contract with, retain the services of, or designate, and | 1377 |
fix the compensation of, such financial consultants, accountants, | 1378 |
other consultants and advisors, and other independent contractors | 1379 |
as may be necessary or desirable to carry out its duties; | 1380 |
(5) Solicit input and comments from the third frontier | 1381 |
advisory board, and specialized industry, professional, and other | 1382 |
relevant interest groups concerning its purposes; | 1383 |
(6) Facilitate alignment of the state's science and | 1384 |
technology programs and activities; | 1385 |
(7) Make grants and loans to individuals, public agencies, | 1386 |
private companies or organizations, or joint ventures for any of | 1387 |
the broad range of activities related to its purposes. | 1388 |
(B) In addition to the powers and duties under sections | 1389 |
184.10 to 184.20 and 184.37 of the Revised Code, the commission | 1390 |
shall do all of the following: | 1391 |
(1) Establish a competitive process for the award of grants | 1392 |
and loans that is designed to fund the most meritorious proposals | 1393 |
and, when appropriate, provide for peer review of proposals; | 1394 |
(2) | 1395 |
before the first day of August of each year, submit to the | 1396 |
governor and the general assembly a report of the activities of | 1397 |
the commission during the preceding fiscal year; | 1398 |
(3) With specific application to the biomedical research and | 1399 |
technology transfer trust fund, periodically make strategic | 1400 |
assessments of the types of state investments in biomedical | 1401 |
research and biotechnology in the state that would likely create | 1402 |
jobs and business opportunities in the state and produce the most | 1403 |
beneficial long-term improvements to the public health of Ohioans, | 1404 |
including, but not limited to, biomedical research and | 1405 |
biotechnology initiatives that address tobacco-related illnesses | 1406 |
as may be outlined in any master agreement. The commission shall | 1407 |
award grants and loans from the fund pursuant to a process | 1408 |
established under division (B)(1) of this section. | 1409 |
Sec. 1551.34. On or before the | 1410 |
1411 | |
1412 | |
established under section 1551.32 of the Revised Code shall submit | 1413 |
to the governor and the general assembly an Ohio coal development | 1414 |
agenda. Prior to each submission, the office shall solicit public | 1415 |
comment on the agenda to give interested parties an opportunity to | 1416 |
comment on the agenda. The director shall consider any public | 1417 |
comments received prior to the agenda's submission. The agenda | 1418 |
shall include, but is not limited to, all of the following: | 1419 |
(A) A characterization of Ohio coal, constraints on its | 1420 |
maximum use, and opportunities for overcoming those constraints; | 1421 |
(B) A characterization of the current and potential markets | 1422 |
for Ohio coal, constraints on increased market demand for it, and | 1423 |
opportunities for overcoming those constraints; | 1424 |
(C) Identification of each of the office's programs and its | 1425 |
correspondence to the purposes of the office; | 1426 |
(D) A description of the office's current projects that | 1427 |
includes the status of each project and a specific description of | 1428 |
the office's activities in all of the following areas: | 1429 |
(1) Commercialization of available technology; | 1430 |
(2) Marketplace adoption of that technology; | 1431 |
(3) Enhancement of user markets for Ohio coal. | 1432 |
(E) The types of projects to be funded in the succeeding | 1433 |
biennium; | 1434 |
(F) Anticipated expenditures for, the relative priority of, | 1435 |
and the potential benefits of each type of project to be funded in | 1436 |
the succeeding biennium; | 1437 |
(G) The results obtained from completed projects and | 1438 |
dissemination of those results; | 1439 |
(H) A fiscal report of the office's activities under sections | 1440 |
1551.30 to 1551.35 and Chapter 1555. of the Revised Code during | 1441 |
the preceding biennium; | 1442 |
(I) The criteria used to select the office's specific types | 1443 |
of projects. The criteria shall consider all of the following: | 1444 |
(1) A project's relationship to and support of the office's | 1445 |
purposes; | 1446 |
(2) The technology involved, its applicability to Ohio coal, | 1447 |
and its potential rate and probability of marketplace adoption; | 1448 |
(3) The commercial readiness of a project's facility, | 1449 |
technology, or equipment; | 1450 |
(4) The cost and relative risk to the state and the | 1451 |
participation of other investors or interested parties in a | 1452 |
project's financing; | 1453 |
(5) The likelihood that results of a project would not be | 1454 |
achieved in the absence of the office's assistance. | 1455 |
Sec. 2329.66. (A) Every person who is domiciled in this | 1456 |
state may hold property exempt from execution, garnishment, | 1457 |
attachment, or sale to satisfy a judgment or order, as follows: | 1458 |
(1)(a) In the case of a judgment or order regarding money | 1459 |
owed for health care services rendered or health care supplies | 1460 |
provided to the person or a dependent of the person, one parcel or | 1461 |
item of real or personal property that the person or a dependent | 1462 |
of the person uses as a residence. Division (A)(1)(a) of this | 1463 |
section does not preclude, affect, or invalidate the creation | 1464 |
under this chapter of a judgment lien upon the exempted property | 1465 |
but only delays the enforcement of the lien until the property is | 1466 |
sold or otherwise transferred by the owner or in accordance with | 1467 |
other applicable laws to a person or entity other than the | 1468 |
surviving spouse or surviving minor children of the judgment | 1469 |
debtor. Every person who is domiciled in this state may hold | 1470 |
exempt from a judgment lien created pursuant to division (A)(1)(a) | 1471 |
of this section the person's interest, not to exceed one hundred | 1472 |
twenty-five thousand dollars, in the exempted property. | 1473 |
(b) In the case of all other judgments and orders, the | 1474 |
person's interest, not to exceed one hundred twenty-five thousand | 1475 |
dollars, in one parcel or item of real or personal property that | 1476 |
the person or a dependent of the person uses as a residence. | 1477 |
(c) For purposes of divisions (A)(1)(a) and (b) of this | 1478 |
section, "parcel" means a tract of real property as identified on | 1479 |
the records of the auditor of the county in which the real | 1480 |
property is located. | 1481 |
(2) The person's interest, not to exceed three thousand two | 1482 |
hundred twenty-five dollars, in one motor vehicle; | 1483 |
(3) The person's interest, not to exceed four hundred | 1484 |
dollars, in cash on hand, money due and payable, money to become | 1485 |
due within ninety days, tax refunds, and money on deposit with a | 1486 |
bank, savings and loan association, credit union, public utility, | 1487 |
landlord, or other person, other than personal earnings. | 1488 |
(4)(a) The person's interest, not to exceed five hundred | 1489 |
twenty-five dollars in any particular item or ten thousand seven | 1490 |
hundred seventy-five dollars in aggregate value, in household | 1491 |
furnishings, household goods, wearing apparel, appliances, books, | 1492 |
animals, crops, musical instruments, firearms, and hunting and | 1493 |
fishing equipment that are held primarily for the personal, | 1494 |
family, or household use of the person; | 1495 |
(b) The person's aggregate interest in one or more items of | 1496 |
jewelry, not to exceed one thousand three hundred fifty dollars, | 1497 |
held primarily for the personal, family, or household use of the | 1498 |
person or any of the person's dependents. | 1499 |
(5) The person's interest, not to exceed an aggregate of two | 1500 |
thousand twenty-five dollars, in all implements, professional | 1501 |
books, or tools of the person's profession, trade, or business, | 1502 |
including agriculture; | 1503 |
(6)(a) The person's interest in a beneficiary fund set apart, | 1504 |
appropriated, or paid by a benevolent association or society, as | 1505 |
exempted by section 2329.63 of the Revised Code; | 1506 |
(b) The person's interest in contracts of life or endowment | 1507 |
insurance or annuities, as exempted by section 3911.10 of the | 1508 |
Revised Code; | 1509 |
(c) The person's interest in a policy of group insurance or | 1510 |
the proceeds of a policy of group insurance, as exempted by | 1511 |
section 3917.05 of the Revised Code; | 1512 |
(d) The person's interest in money, benefits, charity, | 1513 |
relief, or aid to be paid, provided, or rendered by a fraternal | 1514 |
benefit society, as exempted by section 3921.18 of the Revised | 1515 |
Code; | 1516 |
(e) The person's interest in the portion of benefits under | 1517 |
policies of sickness and accident insurance and in lump sum | 1518 |
payments for dismemberment and other losses insured under those | 1519 |
policies, as exempted by section 3923.19 of the Revised Code. | 1520 |
(7) The person's professionally prescribed or medically | 1521 |
necessary health aids; | 1522 |
(8) The person's interest in a burial lot, including, but not | 1523 |
limited to, exemptions under section 517.09 or 1721.07 of the | 1524 |
Revised Code; | 1525 |
(9) The person's interest in the following: | 1526 |
(a) Moneys paid or payable for living maintenance or rights, | 1527 |
as exempted by section 3304.19 of the Revised Code; | 1528 |
(b) Workers' compensation, as exempted by section 4123.67 of | 1529 |
the Revised Code; | 1530 |
(c) Unemployment compensation benefits, as exempted by | 1531 |
section 4141.32 of the Revised Code; | 1532 |
(d) Cash assistance payments under the Ohio works first | 1533 |
program, as exempted by section 5107.75 of the Revised Code; | 1534 |
(e) Benefits and services under the prevention, retention, | 1535 |
and contingency program, as exempted by section 5108.08 of the | 1536 |
Revised Code; | 1537 |
(f) Disability financial assistance payments, as exempted by | 1538 |
section 5115.06 of the Revised Code; | 1539 |
(g) Payments under section 24 or 32 of the "Internal Revenue | 1540 |
Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as amended. | 1541 |
(10)(a) Except in cases in which the person was convicted of | 1542 |
or pleaded guilty to a violation of section 2921.41 of the Revised | 1543 |
Code and in which an order for the withholding of restitution from | 1544 |
payments was issued under division (C)(2)(b) of that section, in | 1545 |
cases in which an order for withholding was issued under section | 1546 |
2907.15 of the Revised Code, in cases in which an order for | 1547 |
forfeiture was issued under division (A) or (B) of section | 1548 |
2929.192 of the Revised Code, and in cases in which an order was | 1549 |
issued under section 2929.193 or 2929.194 of the Revised Code, and | 1550 |
only to the extent provided in the order, and except as provided | 1551 |
in sections 3105.171, 3105.63, 3119.80, 3119.81, 3121.02, 3121.03, | 1552 |
and 3123.06 of the Revised Code, the person's rights to or | 1553 |
interests in a pension, benefit, annuity, retirement allowance, or | 1554 |
accumulated contributions, the person's rights to or interests in | 1555 |
a participant account in any deferred compensation program offered | 1556 |
by the Ohio public employees deferred compensation board, a | 1557 |
government unit, or a municipal corporation, or the person's other | 1558 |
accrued or accruing rights or interests, as exempted by section | 1559 |
143.11, 145.56, 146.13, 148.09, 742.47, 3307.41, 3309.66, or | 1560 |
5505.22 of the Revised Code, and the person's rights to or | 1561 |
interests in benefits from the Ohio public safety officers death | 1562 |
benefit fund; | 1563 |
(b) Except as provided in sections 3119.80, 3119.81, 3121.02, | 1564 |
3121.03, and 3123.06 of the Revised Code, the person's rights to | 1565 |
receive or interests in receiving a payment or other benefits | 1566 |
under any pension, annuity, or similar plan or contract, not | 1567 |
including a payment or benefit from a stock bonus or | 1568 |
profit-sharing plan or a payment included in division (A)(6)(b) or | 1569 |
(10)(a) of this section, on account of illness, disability, death, | 1570 |
age, or length of service, to the extent reasonably necessary for | 1571 |
the support of the person and any of the person's dependents, | 1572 |
except if all the following apply: | 1573 |
(i) The plan or contract was established by or under the | 1574 |
auspices of an insider that employed the person at the time the | 1575 |
person's rights or interests under the plan or contract arose. | 1576 |
(ii) The payment is on account of age or length of service. | 1577 |
(iii) The plan or contract is not qualified under the | 1578 |
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as | 1579 |
amended. | 1580 |
(c) Except for any portion of the assets that were deposited | 1581 |
for the purpose of evading the payment of any debt and except as | 1582 |
provided in sections 3119.80, 3119.81, 3121.02, 3121.03, and | 1583 |
3123.06 of the Revised Code, the person's rights or interests in | 1584 |
the assets held in, or to directly or indirectly receive any | 1585 |
payment or benefit under, any individual retirement account, | 1586 |
individual retirement annuity, "Roth IRA," "529 plan," or | 1587 |
education individual retirement account that provides payments or | 1588 |
benefits by reason of illness, disability, death, retirement, or | 1589 |
age or provides payments or benefits for purposes of education, to | 1590 |
the extent that the assets, payments, or benefits described in | 1591 |
division (A)(10)(c) of this section are attributable to or derived | 1592 |
from any of the following or from any earnings, dividends, | 1593 |
interest, appreciation, or gains on any of the following: | 1594 |
(i) Contributions of the person that were less than or equal | 1595 |
to the applicable limits on deductible contributions to an | 1596 |
individual retirement account or individual retirement annuity in | 1597 |
the year that the contributions were made, whether or not the | 1598 |
person was eligible to deduct the contributions on the person's | 1599 |
federal tax return for the year in which the contributions were | 1600 |
made; | 1601 |
(ii) Contributions of the person that were less than or equal | 1602 |
to the applicable limits on contributions to a Roth IRA or | 1603 |
education individual retirement account in the year that the | 1604 |
contributions were made; | 1605 |
(iii) Contributions of the person that are within the | 1606 |
applicable limits on rollover contributions under subsections 219, | 1607 |
402(c), 403(a)(4), 403(b)(8), 408(b), 408(d)(3), 408A(c)(3)(B), | 1608 |
408A(d)(3), and 530(d)(5) of the "Internal Revenue Code of 1986," | 1609 |
100 Stat. 2085, 26 U.S.C.A. 1, as amended; | 1610 |
(iv) Contributions by any person into any plan, fund, or | 1611 |
account that is formed, created, or administered pursuant to, or | 1612 |
is otherwise subject to, section 529 of the "Internal Revenue Code | 1613 |
of 1986," 100 Stat. 2085, 26 U.S.C. 1, as amended. | 1614 |
(d) Except for any portion of the assets that were deposited | 1615 |
for the purpose of evading the payment of any debt and except as | 1616 |
provided in sections 3119.80, 3119.81, 3121.02, 3121.03, and | 1617 |
3123.06 of the Revised Code, the person's rights or interests in | 1618 |
the assets held in, or to receive any payment under, any Keogh or | 1619 |
"H.R. 10" plan that provides benefits by reason of illness, | 1620 |
disability, death, retirement, or age, to the extent reasonably | 1621 |
necessary for the support of the person and any of the person's | 1622 |
dependents. | 1623 |
(e) The person's rights to or interests in any assets held | 1624 |
in, or to directly or indirectly receive any payment or benefit | 1625 |
under, any individual retirement account, individual retirement | 1626 |
annuity, "Roth IRA," "529 plan," or education individual | 1627 |
retirement account that a decedent, upon or by reason of the | 1628 |
decedent's death, directly or indirectly left to or for the | 1629 |
benefit of the person, either outright or in trust or otherwise, | 1630 |
including, but not limited to, any of those rights or interests in | 1631 |
assets or to receive payments or benefits that were transferred, | 1632 |
conveyed, or otherwise transmitted by the decedent by means of a | 1633 |
will, trust, exercise of a power of appointment, beneficiary | 1634 |
designation, transfer or payment on death designation, or any | 1635 |
other method or procedure. | 1636 |
(f) The exemptions under divisions (A)(10)(a) to (e) of this | 1637 |
section also shall apply or otherwise be available to an alternate | 1638 |
payee under a qualified domestic relations order (QDRO) or other | 1639 |
similar court order. | 1640 |
(g) A person's interest in any plan, program, instrument, or | 1641 |
device described in divisions (A)(10)(a) to (e) of this section | 1642 |
shall be considered an exempt interest even if the plan, program, | 1643 |
instrument, or device in question, due to an error made in good | 1644 |
faith, failed to satisfy any criteria applicable to that plan, | 1645 |
program, instrument, or device under the "Internal Revenue Code of | 1646 |
1986," 100 Stat. 2085, 26 U.S.C. 1, as amended. | 1647 |
(11) The person's right to receive spousal support, child | 1648 |
support, an allowance, or other maintenance to the extent | 1649 |
reasonably necessary for the support of the person and any of the | 1650 |
person's dependents; | 1651 |
(12) The person's right to receive, or moneys received during | 1652 |
the preceding twelve calendar months from, any of the following: | 1653 |
(a) An award of reparations under sections 2743.51 to 2743.72 | 1654 |
of the Revised Code, to the extent exempted by division (D) of | 1655 |
section 2743.66 of the Revised Code; | 1656 |
(b) A payment on account of the wrongful death of an | 1657 |
individual of whom the person was a dependent on the date of the | 1658 |
individual's death, to the extent reasonably necessary for the | 1659 |
support of the person and any of the person's dependents; | 1660 |
(c) Except in cases in which the person who receives the | 1661 |
payment is an inmate, as defined in section 2969.21 of the Revised | 1662 |
Code, and in which the payment resulted from a civil action or | 1663 |
appeal against a government entity or employee, as defined in | 1664 |
section 2969.21 of the Revised Code, a payment, not to exceed | 1665 |
twenty thousand two hundred dollars, on account of personal bodily | 1666 |
injury, not including pain and suffering or compensation for | 1667 |
actual pecuniary loss, of the person or an individual for whom the | 1668 |
person is a dependent; | 1669 |
(d) A payment in compensation for loss of future earnings of | 1670 |
the person or an individual of whom the person is or was a | 1671 |
dependent, to the extent reasonably necessary for the support of | 1672 |
the debtor and any of the debtor's dependents. | 1673 |
(13) Except as provided in sections 3119.80, 3119.81, | 1674 |
3121.02, 3121.03, and 3123.06 of the Revised Code, personal | 1675 |
earnings of the person owed to the person for services in an | 1676 |
amount equal to the greater of the following amounts: | 1677 |
(a) If paid weekly, thirty times the current federal minimum | 1678 |
hourly wage; if paid biweekly, sixty times the current federal | 1679 |
minimum hourly wage; if paid semimonthly, sixty-five times the | 1680 |
current federal minimum hourly wage; or if paid monthly, one | 1681 |
hundred thirty times the current federal minimum hourly wage that | 1682 |
is in effect at the time the earnings are payable, as prescribed | 1683 |
by the "Fair Labor Standards Act of 1938," 52 Stat. 1060, 29 | 1684 |
U.S.C. 206(a)(1), as amended; | 1685 |
(b) Seventy-five per cent of the disposable earnings owed to | 1686 |
the person. | 1687 |
(14) The person's right in specific partnership property, as | 1688 |
exempted by the person's rights in a partnership pursuant to | 1689 |
section 1776.50 of the Revised Code, except as otherwise set forth | 1690 |
in section 1776.50 of the Revised Code; | 1691 |
(15) A seal and official register of a notary public, as | 1692 |
exempted by section 147.04 of the Revised Code; | 1693 |
(16) The person's interest in a tuition unit or a payment | 1694 |
under section 3334.09 of the Revised Code pursuant to a tuition | 1695 |
payment contract, as exempted by section 3334.15 of the Revised | 1696 |
Code; | 1697 |
(17) Any other property that is specifically exempted from | 1698 |
execution, attachment, garnishment, or sale by federal statutes | 1699 |
other than the "Bankruptcy Reform Act of 1978," 92 Stat. 2549, 11 | 1700 |
U.S.C.A. 101, as amended; | 1701 |
(18) The person's aggregate interest in any property, not to | 1702 |
exceed one thousand seventy-five dollars, except that division | 1703 |
(A)(18) of this section applies only in bankruptcy proceedings. | 1704 |
(B) On April 1, 2010, and on the first day of April in each | 1705 |
third calendar year after 2010, the Ohio judicial conference shall | 1706 |
adjust each dollar amount set forth in this section to reflect any | 1707 |
increase in the consumer price index for all urban consumers, as | 1708 |
published by the United States department of labor, or, if that | 1709 |
index is no longer published, a generally available comparable | 1710 |
index, for the three-year period ending on the thirty-first day of | 1711 |
December of the preceding year. Any adjustments required by this | 1712 |
division shall be rounded to the nearest twenty-five dollars. | 1713 |
The Ohio judicial conference shall prepare a memorandum | 1714 |
specifying the adjusted dollar amounts. The judicial conference | 1715 |
shall transmit the memorandum to the director of the legislative | 1716 |
service commission, and the director shall publish the memorandum | 1717 |
in the register of Ohio. (Publication of the memorandum in the | 1718 |
register of Ohio shall continue until the next memorandum | 1719 |
specifying an adjustment is so published.) The judicial conference | 1720 |
also may publish the memorandum in any other manner it concludes | 1721 |
will be reasonably likely to inform persons who are affected by | 1722 |
its adjustment of the dollar amounts. | 1723 |
(C) As used in this section: | 1724 |
(1) "Disposable earnings" means net earnings after the | 1725 |
garnishee has made deductions required by law, excluding the | 1726 |
deductions ordered pursuant to section 3119.80, 3119.81, 3121.02, | 1727 |
3121.03, or 3123.06 of the Revised Code. | 1728 |
(2) "Insider" means: | 1729 |
(a) If the person who claims an exemption is an individual, a | 1730 |
relative of the individual, a relative of a general partner of the | 1731 |
individual, a partnership in which the individual is a general | 1732 |
partner, a general partner of the individual, or a corporation of | 1733 |
which the individual is a director, officer, or in control; | 1734 |
(b) If the person who claims an exemption is a corporation, a | 1735 |
director or officer of the corporation; a person in control of the | 1736 |
corporation; a partnership in which the corporation is a general | 1737 |
partner; a general partner of the corporation; or a relative of a | 1738 |
general partner, director, officer, or person in control of the | 1739 |
corporation; | 1740 |
(c) If the person who claims an exemption is a partnership, a | 1741 |
general partner in the partnership; a general partner of the | 1742 |
partnership; a person in control of the partnership; a partnership | 1743 |
in which the partnership is a general partner; or a relative in, a | 1744 |
general partner of, or a person in control of the partnership; | 1745 |
(d) An entity or person to which or whom any of the following | 1746 |
applies: | 1747 |
(i) The entity directly or indirectly owns, controls, or | 1748 |
holds with power to vote, twenty per cent or more of the | 1749 |
outstanding voting securities of the person who claims an | 1750 |
exemption, unless the entity holds the securities in a fiduciary | 1751 |
or agency capacity without sole discretionary power to vote the | 1752 |
securities or holds the securities solely to secure to debt and | 1753 |
the entity has not in fact exercised the power to vote. | 1754 |
(ii) The entity is a corporation, twenty per cent or more of | 1755 |
whose outstanding voting securities are directly or indirectly | 1756 |
owned, controlled, or held with power to vote, by the person who | 1757 |
claims an exemption or by an entity to which division (C)(2)(d)(i) | 1758 |
of this section applies. | 1759 |
(iii) A person whose business is operated under a lease or | 1760 |
operating agreement by the person who claims an exemption, or a | 1761 |
person substantially all of whose business is operated under an | 1762 |
operating agreement with the person who claims an exemption. | 1763 |
(iv) The entity operates the business or all or substantially | 1764 |
all of the property of the person who claims an exemption under a | 1765 |
lease or operating agreement. | 1766 |
(e) An insider, as otherwise defined in this section, of a | 1767 |
person or entity to which division (C)(2)(d)(i), (ii), (iii), or | 1768 |
(iv) of this section applies, as if the person or entity were a | 1769 |
person who claims an exemption; | 1770 |
(f) A managing agent of the person who claims an exemption. | 1771 |
(3) "Participant account" has the same meaning as in section | 1772 |
148.01 of the Revised Code. | 1773 |
(4) "Government unit" has the same meaning as in section | 1774 |
148.06 of the Revised Code. | 1775 |
(D) For purposes of this section, "interest" shall be | 1776 |
determined as follows: | 1777 |
(1) In bankruptcy proceedings, as of the date a petition is | 1778 |
filed with the bankruptcy court commencing a case under Title 11 | 1779 |
of the United States Code; | 1780 |
(2) In all cases other than bankruptcy proceedings, as of the | 1781 |
date of an appraisal, if necessary under section 2329.68 of the | 1782 |
Revised Code, or the issuance of a writ of execution. | 1783 |
An interest, as determined under division (D)(1) or (2) of | 1784 |
this section, shall not include the amount of any lien otherwise | 1785 |
valid pursuant to section 2329.661 of the Revised Code. | 1786 |
Sec. 3333.91. Not later than December 31, 2014, the | 1787 |
governor's office of workforce transformation, in collaboration | 1788 |
with the chancellor of the Ohio board of regents, the | 1789 |
superintendent of public instruction, and the department of job | 1790 |
and family services, shall develop and submit to the appropriate | 1791 |
federal agency a single, state unified plan for the adult basic | 1792 |
and literacy education program administered by the United States | 1793 |
secretary of education, the "Carl D. Perkins Vocational and | 1794 |
Technical Education Act," 20 U.S.C. 2301, et seq., as amended, and | 1795 |
the "Workforce Investment Act of 1998," 29 U.S.C. 2801, et seq., | 1796 |
as amended. Following the plan's initial submission to the | 1797 |
appropriate federal agency, the governor's office of workforce | 1798 |
transformation may update it as necessary. If the plan is updated, | 1799 |
the governor's office of workforce transformation shall submit the | 1800 |
updated plan to the appropriate federal agency. | 1801 |
Sec. 3731.02. (A) The state fire marshal shall make such | 1802 |
rules as are necessary to carry out this chapter, which shall | 1803 |
include, but are not limited to, rules establishing requirements | 1804 |
to renew a license issued under this chapter and fees for | 1805 |
licensure and renewal and for inspections of hotels. Except as | 1806 |
provided in division (G) of section 3731.12 of the Revised Code, | 1807 |
the state fire marshal and the assistant state fire marshals shall | 1808 |
enforce this chapter. | 1809 |
(B) Except as otherwise provided in this division and | 1810 |
divisions (C) and (D) of this section, the board of building | 1811 |
standards shall adopt, pursuant to section 3781.10 of the Revised | 1812 |
Code, rules that specify that the building code standards for SRO | 1813 |
facilities shall be use group R-2. Any facility operating prior to | 1814 |
October 16, 1996, in the nature of an SRO facility that met the | 1815 |
building code standards for an SRO facility prior to that date, | 1816 |
whether previously licensed as a hotel or not, and after October | 1817 |
16, 1996, licensed as an SRO facility under section 3731.03 of the | 1818 |
Revised Code, shall be permitted under the rules to have a | 1819 |
building code standard of either use group R-1 or use group R-2 if | 1820 |
the facility meets the requirements for those use groups as | 1821 |
specified in the Ohio building code adopted pursuant to section | 1822 |
3781.10 of the Revised Code. The requirements of this division | 1823 |
apply to an SRO facility that holds a license as an SRO facility | 1824 |
on | 1825 |
any of the following events occur on or after | 1826 |
1827 |
(1) The owner of the SRO facility constructs or alters the | 1828 |
facility. | 1829 |
(2) The owner of the SRO facility surrenders the license | 1830 |
issued to that facility. | 1831 |
(3) The owner of the SRO facility changes the use or | 1832 |
occupancy of that facility. | 1833 |
(4) The license issued to that SRO facility under this | 1834 |
chapter is revoked or is not renewed. | 1835 |
(C) If any of the events described in divisions (B)(1) to (4) | 1836 |
of this section occur, the owner of the structure shall comply | 1837 |
with division (D) of this section to obtain a new license to | 1838 |
operate as an SRO facility. | 1839 |
(D) Beginning on | 1840 |
September 12, 2008, the state fire marshal shall not issue a new | 1841 |
license to operate a facility as an SRO facility, and shall not | 1842 |
renew such a license issued under this division, unless the SRO | 1843 |
facility is constructed providing individual sleeping rooms for | 1844 |
each guest; has, on a per-room or a communal basis within each | 1845 |
building to be licensed as an SRO facility, permanent provisions | 1846 |
for living, eating, cooking, and sanitation; and is constructed in | 1847 |
accordance with the requirements specified for SRO facilities and | 1848 |
is approved by the building official having jurisdiction over that | 1849 |
facility to be an SRO facility. An SRO facility subject to this | 1850 |
division shall only operate with, and shall properly maintain, | 1851 |
individual sleeping rooms for each guest and shall only operate | 1852 |
with, and shall properly maintain, on a per-room or communal | 1853 |
basis, permanent provisions available to all guests for living, | 1854 |
eating, cooking, and sanitation. | 1855 |
(E) The state fire marshal may, pursuant to division (A) of | 1856 |
this section, adopt rules establishing a fire code and sanitary | 1857 |
standards compliance incentive program for persons required to | 1858 |
procure a license for a hotel under section 3731.03 of the Revised | 1859 |
Code. The rules may include provisions for the creation of a "Safe | 1860 |
Stay Hotel" designation by the state fire marshal, the standards a | 1861 |
licensed hotel must meet to achieve and maintain that designation, | 1862 |
the procedures the state fire marshal shall use to publish and | 1863 |
maintain a registry of hotels receiving that designation, and any | 1864 |
monetary incentives offered by the state fire marshal to encourage | 1865 |
a licensed hotel to achieve and maintain that designation. At a | 1866 |
minimum, no hotel may be designated as a "Safe Stay Hotel" or | 1867 |
maintain such a designation unless it meets the fire code and | 1868 |
sanitary compliance standards established pursuant to this section | 1869 |
for a continuous period of at least twenty-four months. | 1870 |
Nothing in this division shall be construed to limit the | 1871 |
power of this state, the department of commerce, the state fire | 1872 |
marshal, or any other political subdivision of the state to | 1873 |
administer and enforce any other sections of this chapter or any | 1874 |
other applicable laws, rules, and regulations. Nothing in this | 1875 |
division shall be construed to require the state fire marshal to | 1876 |
designate a hotel as a "Safe Stay Hotel" or require the state fire | 1877 |
marshal to award a monetary incentive to a hotel in any manner | 1878 |
that is inconsistent or in conflict with the rules adopted under | 1879 |
this section or any other applicable laws, rules, or regulations. | 1880 |
Sec. 4740.06. (A) Any individual who applies for a license | 1881 |
shall file a written application with the appropriate section of | 1882 |
the Ohio construction industry licensing board, accompanied with | 1883 |
the application fee as determined pursuant to section 4740.09 of | 1884 |
the Revised Code. The individual shall file the application not | 1885 |
more than sixty days nor less than thirty days prior to the date | 1886 |
of the examination. The application shall be on the form the | 1887 |
section prescribes and verified by the applicant's oath. The | 1888 |
applicant shall provide information satisfactory to the section | 1889 |
showing that the applicant meets the requirements of division (B) | 1890 |
of this section. | 1891 |
(B) To qualify to take an examination, an individual shall: | 1892 |
(1) Be at least eighteen years of age; | 1893 |
(2) Be a United States citizen or legal alien who produces | 1894 |
valid documentation to demonstrate the individual is a legal | 1895 |
resident of the United States; | 1896 |
(3) Either have been a tradesperson in the type of licensed | 1897 |
trade for which the application is filed for not less than five | 1898 |
years immediately prior to the date the application is filed, be a | 1899 |
currently registered engineer in this state with three years of | 1900 |
business experience in the construction industry in the trade for | 1901 |
which the engineer is applying to take an examination, or have | 1902 |
other experience acceptable to the appropriate section of the | 1903 |
board; | 1904 |
(4) Maintain contractor's liability insurance, including | 1905 |
without limitation, complete operations coverage, in an amount the | 1906 |
appropriate section of the board determines; | 1907 |
(5) Not have done any of the following: | 1908 |
(a) Been convicted of or pleaded guilty to a crime of moral | 1909 |
turpitude or a disqualifying offense as those terms are defined in | 1910 |
section 4776.10 of the Revised Code; | 1911 |
(b) Violated this chapter or any rule adopted pursuant to it; | 1912 |
(c) Obtained or renewed a license issued pursuant to this | 1913 |
chapter, or any order, ruling, or authorization of the board or a | 1914 |
section of the board by fraud, misrepresentation, or deception; | 1915 |
(d) Engaged in fraud, misrepresentation, or deception in the | 1916 |
conduct of business. | 1917 |
(C) When an applicant for licensure as a contractor in a | 1918 |
licensed trade meets the qualifications set forth in division (B) | 1919 |
of this section and passes the required examination, the | 1920 |
appropriate section of the board, within ninety days after the | 1921 |
application was filed, shall authorize the administrative section | 1922 |
of the board to license the applicant for the type of contractor's | 1923 |
license for which the applicant qualifies. A section of the board | 1924 |
may withdraw its authorization to the administrative section for | 1925 |
issuance of a license for good cause shown, on the condition that | 1926 |
notice of that withdrawal is given prior to the administrative | 1927 |
section's issuance of the license. | 1928 |
(D) All licenses a contractor holds pursuant to this chapter | 1929 |
shall expire annually on the same date, which shall be the | 1930 |
expiration date of the original license the contractor holds. An | 1931 |
individual holding a valid, unexpired license may renew the | 1932 |
license, without reexamination, by submitting an application to | 1933 |
the appropriate section of the board not more than ninety calendar | 1934 |
days before the expiration of the license, along with the renewal | 1935 |
fee the section requires and proof of compliance with the | 1936 |
applicable continuing education requirements. The applicant shall | 1937 |
provide information in the renewal application satisfactory to | 1938 |
demonstrate to the appropriate section that the applicant | 1939 |
continues to meet the requirements of division (B) of this | 1940 |
section. | 1941 |
Upon application and within one calendar year after a license | 1942 |
has expired, a section may waive any of the requirements for | 1943 |
renewal of a license upon finding that an applicant substantially | 1944 |
meets the renewal requirements or that failure to timely apply for | 1945 |
renewal is due to excusable neglect. A section that waives | 1946 |
requirements for renewal of a license may impose conditions upon | 1947 |
the licensee and assess a late filing fee of not more than double | 1948 |
the usual renewal fee. An applicant shall satisfy any condition | 1949 |
the section imposes before a license is reissued. | 1950 |
(E) An individual holding a valid license may request the | 1951 |
section of the board that authorized that license to place the | 1952 |
license in inactive status under conditions, and for a period of | 1953 |
time, as that section determines. | 1954 |
(F) Except for the ninety-day extension provided for a | 1955 |
license assigned to a business entity under division (D) of | 1956 |
section 4740.07 of the Revised Code, a license held by an | 1957 |
individual immediately terminates upon the death of the | 1958 |
individual. | 1959 |
(G) Nothing in any license issued by the Ohio construction | 1960 |
industry licensing board shall be construed to limit or eliminate | 1961 |
any requirement of or any license issued by the Ohio fire marshal. | 1962 |
(H)(1) Subject to divisions (H)(2), (3), and (4) of this | 1963 |
section, no trade section of the board shall adopt, maintain, | 1964 |
renew, or enforce any rule, or otherwise preclude in any way, an | 1965 |
individual from receiving or renewing a license under this chapter | 1966 |
due to any past criminal activity or interpretation of moral | 1967 |
character, except as pursuant to division (B)(5)(a) of this | 1968 |
section. If the section denies an individual a license or license | 1969 |
renewal, the reasons for such denial shall be put in writing. | 1970 |
(2) Except as otherwise provided in this division, if an | 1971 |
individual applying for a license has been convicted of or pleaded | 1972 |
guilty to a misdemeanor that is not a crime of moral turpitude or | 1973 |
a disqualifying offense less than one year prior to making the | 1974 |
application, the section may use its discretion in granting or | 1975 |
denying the individual a license. Except as otherwise provided in | 1976 |
this division, if an individual applying for a license has been | 1977 |
convicted of or pleaded guilty to a felony that is not a crime of | 1978 |
moral turpitude or a disqualifying offense less than three years | 1979 |
prior to making the application, the section may use its | 1980 |
discretion in granting or denying the individual a license. The | 1981 |
provisions in this paragraph do not apply with respect to any | 1982 |
offense unless the section, prior to | 1983 |
1984 | |
the application based on that offense. | 1985 |
In all other circumstances, the section shall follow the | 1986 |
procedures it adopts by rule that conform to division (H)(1) of | 1987 |
this section. | 1988 |
(3) In considering a renewal of an individual's license, the | 1989 |
section shall not consider any conviction or plea of guilty prior | 1990 |
to the initial licensing. However, the board may consider a | 1991 |
conviction or plea of guilty if it occurred after the individual | 1992 |
was initially licensed, or after the most recent license renewal. | 1993 |
(4) The section may grant an individual a conditional license | 1994 |
that lasts for one year. After the one-year period has expired, | 1995 |
the license is no longer considered conditional, and the | 1996 |
individual shall be considered fully licensed. | 1997 |
(I) Notwithstanding divisions (D) and (H) of this section and | 1998 |
sections 4740.04 and 4740.05 of the Revised Code, the board may | 1999 |
establish rules that amend the continuing education requirements | 2000 |
and license renewal schedule for licensees as provided in or | 2001 |
adopted pursuant to those sections for the purpose of establishing | 2002 |
a compliance incentive program. These rules may include provisions | 2003 |
for the creation of the program and the qualifications, continuing | 2004 |
education requirements, and renewal schedule for the program. | 2005 |
Sec. 6301.11. The state board, in connection with the | 2006 |
department of job and family services, shall develop a methodology | 2007 |
for identifying jobs that are in demand by employers operating in | 2008 |
this state. | 2009 |
The department in consultation with the state board shall use | 2010 |
the methodology to create a list of such in-demand jobs and shall | 2011 |
publish the list on the web site of the department on or before | 2012 |
December 31, 2014. The department shall periodically update the | 2013 |
list to reflect evolving workforce demands in this state. | 2014 |
Local boards, workforce development agencies, and other | 2015 |
providers of workforce training shall use the list of in-demand | 2016 |
jobs to cultivate and prioritize workforce development activities | 2017 |
that correspond to the employment needs of employers operating in | 2018 |
this state and to assist individuals in maximizing their | 2019 |
employment opportunities. | 2020 |
Section 2. That existing sections 121.08, 122.136, 122.21, | 2021 |
122.25, 122.37, 122.64, 122.89, 122.94, 122.941, 149.311, 150.10, | 2022 |
166.13, 166.18, 184.02, 1551.34, 2329.66, 3731.02, and 4740.06 of | 2023 |
the Revised Code are hereby repealed. | 2024 |
Section 3. (A) The Chancellor of the Ohio Board of Regents, | 2025 |
in consultation with the parties specified in division (B) of this | 2026 |
section, shall develop recommendations for increasing access to | 2027 |
and participation in programs for adults who have not obtained a | 2028 |
high school diploma that offer credentials equivalent to a high | 2029 |
school diploma and also provide career pathways, such as an | 2030 |
associate degree, industry credential, or other type of career | 2031 |
training. | 2032 |
(B) In developing recommendations under division (A) of this | 2033 |
section, the Chancellor shall consult with all of the following: | 2034 |
(1) The Superintendent of Public Instruction; | 2035 |
(2) Representatives of the Governor's Office of Workforce | 2036 |
Transformation, the Department of Job and Family Services, and the | 2037 |
Ohio Association of Community Colleges; | 2038 |
(3) Representatives of career-technical planning districts | 2039 |
that provide post-secondary workforce education; | 2040 |
(4) Representatives of programs that provide adult basic and | 2041 |
literacy education; | 2042 |
(5) Representatives of any other interested parties at the | 2043 |
Chancellor's discretion. | 2044 |
(C) Not later than December 31, 2014, the Chancellor shall | 2045 |
prepare a report of the recommendations developed under division | 2046 |
(A) of this section and submit it to the Governor, the President | 2047 |
of the Senate, and the Speaker of the House of Representatives. | 2048 |
Section 4. (A) Not later than thirty days after the effective | 2049 |
date of this section, the legislative authority of the fund member | 2050 |
described in section 143.02 of the Revised Code, as enacted by | 2051 |
this act, that maintains the police or sheriff's department shall | 2052 |
hold the initial election of members to a volunteer police | 2053 |
officers dependents' fund board. A board member shall serve an | 2054 |
initial term of office beginning on the day after the member is | 2055 |
elected to the board and ending on the thirty-first day of | 2056 |
December of the year in which the member is elected. Thereafter, | 2057 |
members shall be elected to the board and serve terms of office in | 2058 |
accordance with section 143.02 of the Revised Code, as enacted by | 2059 |
this act. | 2060 |
(B) For the initial election of board members specified in | 2061 |
division (A)(2) of section 143.02 of the Revised Code, the | 2062 |
legislative authority of the fund member that maintains the police | 2063 |
or sheriff's department shall do both of the following: | 2064 |
(1) Give notice of the election by posting it in a | 2065 |
conspicuous place at the headquarters of the police or sheriff's | 2066 |
department. Between nine a.m. and nine p.m. on the day designated, | 2067 |
each person eligible to vote shall send in writing the name of two | 2068 |
persons eligible to be elected to the board who are the person's | 2069 |
choices. | 2070 |
(2) Count and record all votes cast at the election and | 2071 |
announce the result. The two persons receiving the highest number | 2072 |
of votes are elected. If there is a tie vote for any two persons, | 2073 |
the election shall be decided by lot or in any other way agreed on | 2074 |
by the persons for whom the tie vote was cast. | 2075 |
Section 5. Section 2329.66 of the Revised Code is presented | 2076 |
in this act as a composite of the section as amended by both Sub. | 2077 |
H.B. 479 and Sub. S.B. 343 of the 129th General Assembly. The | 2078 |
General Assembly, applying the principle stated in division (B) of | 2079 |
section 1.52 of the Revised Code that amendments are to be | 2080 |
harmonized if reasonably capable of simultaneous operation, finds | 2081 |
that the composite is the resulting version of the section in | 2082 |
effect prior to the effective date of the section as presented in | 2083 |
this act. | 2084 |