As Passed by the House

130th General Assembly Regular Session 2013-2014

Sub. H. B. No. 486

Representatives Baker, Stebelton 

Cosponsors: Representatives Adams, R., Anielski, Antonio, Beck, Blessing, Boose, Brown, Buchy, Burkley, Carney, Damschroder, Derickson, Dovilla, Duffey, Hackett, Hagan, C., Hayes, Henne, Landis, McClain, McGregor, Perales, Romanchuk, Rosenberger, Ruhl, Scherer, Schuring, Smith, Sprague, Stebelton, Stinziano, Terhar, Wachtmann Speaker Batchelder 

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A BILL

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, 3731.02,

3

and 4740.06 and to enact sections 107.35, 3333.91,

4

and 6301.11 of the Revised Code to revise the

5

coordination of workforce development and economic

6

development programs; to synchronize the due dates

7

of several reports due from the Development

8

Services Agency, the Ohio Venture Capital

9

Authority, and the Third Frontier Commission; to

10

revise the law regarding innovation financial

11

assistance and research and development financial

12

assistance; to require the Governor's executive

13

workforce board and the Department of Job and

14

Family Services to identify and create a list of

15

high-demand jobs in this state; and to permit the

16

Director of Commerce, the State Fire Marshal, and

17

the Ohio Construction Industry Licensing Board to

18

establish compliance incentive programs.

19

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 121.08, 122.136, 122.21, 122.25,	20
122.37, 122.64, 122.89, 122.94, 122.941, 149.311, 150.10, 166.13,	21
166.18, 184.02, 1551.34, 3731.02, and 4740.06 be amended and	22
sections 107.35, 3333.91, and 6301.11 of the Revised Code be	23
enacted to read as follows:	24

Sec. 107.35.  Not later than December 31, 2014, the	25
governor's office of workforce transformation, with staff support	26
and assistance from the departments of job and family services and	27
education and the Ohio board of regents, shall establish criteria	28
to use for evaluating the performance of state and local workforce	29
programs using basic, aligned workforce measures related to system	30
efficiency and effectiveness. The office shall develop and make	31
available on the internet through a web site a public dashboard to	32
display metrics regarding the state's administration of primary	33
workforce programs, including the following programs:	34

(A) The adult basic and literacy education program;

35

(B) Programs administered under the federal "Carl D. Perkins	36
Career and Technical Education Act of 2006," 120 Stat. 683, 20	37
U.S.C. 2301 et seq., as amended;	38

(C) State aid and scholarships within the Ohio board of	39
regents;	40

(D) Programs administered under title I of the federal	41
"Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C. 2801	42
et seq., as amended.	43

Sec. 121.08.  (A) There is hereby created in the department	44
of commerce the position of deputy director of administration.	45
This officer shall be appointed by the director of commerce, serve	46
under the director's direction, supervision, and control, perform	47
the duties the director prescribes, and hold office during the	48
director's pleasure. The director of commerce may designate an	49
assistant director of commerce to serve as the deputy director of	50
administration. The deputy director of administration shall	51
perform the duties prescribed by the director of commerce in	52
supervising the activities of the division of administration of	53
the department of commerce.	54

(B) Except as provided in section 121.07 of the Revised Code,	55
the department of commerce shall have all powers and perform all	56
duties vested in the deputy director of administration, the state	57
fire marshal, the superintendent of financial institutions, the	58
superintendent of real estate and professional licensing, the	59
superintendent of liquor control, the superintendent of industrial	60
compliance, the superintendent of unclaimed funds, and the	61
commissioner of securities, and shall have all powers and perform	62
all duties vested by law in all officers, deputies, and employees	63
of those offices. Except as provided in section 121.07 of the	64
Revised Code, wherever powers are conferred or duties imposed upon	65
any of those officers, the powers and duties shall be construed as	66
vested in the department of commerce.	67

(C)(1) There is hereby created in the department of commerce	68
a division of financial institutions, which shall have all powers	69
and perform all duties vested by law in the superintendent of	70
financial institutions. Wherever powers are conferred or duties	71
imposed upon the superintendent of financial institutions, those	72
powers and duties shall be construed as vested in the division of	73
financial institutions. The division of financial institutions	74
shall be administered by the superintendent of financial	75
institutions.	76

(2) All provisions of law governing the superintendent of	77
financial institutions shall apply to and govern the	78
superintendent of financial institutions provided for in this	79
section; all authority vested by law in the superintendent of	80
financial institutions with respect to the management of the	81
division of financial institutions shall be construed as vested in	82
the superintendent of financial institutions created by this	83
section with respect to the division of financial institutions	84
provided for in this section; and all rights, privileges, and	85
emoluments conferred by law upon the superintendent of financial	86
institutions shall be construed as conferred upon the	87
superintendent of financial institutions as head of the division	88
of financial institutions. The director of commerce shall not	89
transfer from the division of financial institutions any of the	90
functions specified in division (C)(2) of this section.	91

(D) There is hereby created in the department of commerce a	92
division of liquor control, which shall have all powers and	93
perform all duties vested by law in the superintendent of liquor	94
control. Wherever powers are conferred or duties are imposed upon	95
the superintendent of liquor control, those powers and duties	96
shall be construed as vested in the division of liquor control.	97
The division of liquor control shall be administered by the	98
superintendent of liquor control.	99

(E) The director of commerce shall not be interested,	100
directly or indirectly, in any firm or corporation which is a	101
dealer in securities as defined in sections 1707.01 and 1707.14 of	102
the Revised Code, or in any firm or corporation licensed under	103
sections 1321.01 to 1321.19 of the Revised Code.	104

(F) The director of commerce shall not have any official	105
connection with a savings and loan association, a savings bank, a	106
bank, a bank holding company, a savings and loan association	107
holding company, a consumer finance company, or a credit union	108
that is under the supervision of the division of financial	109
institutions, or a subsidiary of any of the preceding entities, or	110
be interested in the business thereof.	111

(G) There is hereby created in the state treasury the	112
division of administration fund. The fund shall receive	113
assessments on the operating funds of the department of commerce	114
in accordance with procedures prescribed by the director of	115
commerce and approved by the director of budget and management.	116
All operating expenses of the division of administration shall be	117
paid from the division of administration fund.	118

(H) There is hereby created in the department of commerce a	119
division of real estate and professional licensing, which shall be	120
under the control and supervision of the director of commerce. The	121
division of real estate and professional licensing shall be	122
administered by the superintendent of real estate and professional	123
licensing. The superintendent of real estate and professional	124
licensing shall exercise the powers and perform the functions and	125
duties delegated to the superintendent under Chapters 4735.,	126
4763., and 4767. of the Revised Code.	127

(I) There is hereby created in the department of commerce a	128
division of industrial compliance, which shall have all powers and	129
perform all duties vested by law in the superintendent of	130
industrial compliance. Wherever powers are conferred or duties	131
imposed upon the superintendent of industrial compliance, those	132
powers and duties shall be construed as vested in the division of	133
industrial compliance. The division of industrial compliance shall	134
be under the control and supervision of the director of commerce	135
and be administered by the superintendent of industrial	136
compliance.	137

(J) There is hereby created in the department of commerce a	138
division of unclaimed funds, which shall have all powers and	139
perform all duties delegated to or vested by law in the	140
superintendent of unclaimed funds. Wherever powers are conferred	141
or duties imposed upon the superintendent of unclaimed funds,	142
those powers and duties shall be construed as vested in the	143
division of unclaimed funds. The division of unclaimed funds shall	144
be under the control and supervision of the director of commerce	145
and shall be administered by the superintendent of unclaimed	146
funds. The superintendent of unclaimed funds shall exercise the	147
powers and perform the functions and duties delegated to the	148
superintendent by the director of commerce under section 121.07	149
and Chapter 169. of the Revised Code, and as may otherwise be	150
provided by law.	151

(K) The department of commerce or a division of the	152
department created by the Revised Code that is acting with	153
authorization on the department's behalf may request from the	154
bureau of criminal identification and investigation pursuant to	155
section 109.572 of the Revised Code, or coordinate with	156
appropriate federal, state, and local government agencies to	157
accomplish, criminal records checks for the persons whose	158
identities are required to be disclosed by an applicant for the	159
issuance or transfer of a permit, license, certificate of	160
registration, or certification issued or transferred by the	161
department or division. At or before the time of making a request	162
for a criminal records check, the department or division may	163
require any person whose identity is required to be disclosed by	164
an applicant for the issuance or transfer of such a license,	165
permit, certificate of registration, or certification to submit to	166
the department or division valid fingerprint impressions in a	167
format and by any media or means acceptable to the bureau of	168
criminal identification and investigation and, when applicable,	169
the federal bureau of investigation. The department or division	170
may cause the bureau of criminal identification and investigation	171
to conduct a criminal records check through the federal bureau of	172
investigation only if the person for whom the criminal records	173
check would be conducted resides or works outside of this state or	174
has resided or worked outside of this state during the preceding	175
five years, or if a criminal records check conducted by the bureau	176
of criminal identification and investigation within this state	177
indicates that the person may have a criminal record outside of	178
this state.	179

In the case of a criminal records check under section 109.572	180
of the Revised Code, the department or division shall forward to	181
the bureau of criminal identification and investigation the	182
requisite form, fingerprint impressions, and fee described in	183
division (C) of that section. When requested by the department or	184
division in accordance with this section, the bureau of criminal	185
identification and investigation shall request from the federal	186
bureau of investigation any information it has with respect to the	187
person who is the subject of the requested criminal records check	188
and shall forward the requisite fingerprint impressions and	189
information to the federal bureau of investigation for that	190
criminal records check. After conducting a criminal records check	191
or receiving the results of a criminal records check from the	192
federal bureau of investigation, the bureau of criminal	193
identification and investigation shall provide the results to the	194
department or division.	195

The department or division may require any person about whom	196
a criminal records check is requested to pay to the department or	197
division the amount necessary to cover the fee charged to the	198
department or division by the bureau of criminal identification	199
and investigation under division (C)(3) of section 109.572 of the	200
Revised Code, including, when applicable, any fee for a criminal	201
records check conducted by the federal bureau of investigation.	202

(L) The director of commerce, or the director's designee, may	203
adopt rules to enhance compliance with statutes pertaining to, and	204
rules adopted by, divisions under the direction, supervision, and	205
control of the department or director by offering incentive-based	206
programs that ensure safety and soundness while promoting growth	207
and prosperity in the state.	208

Sec. 122.136.  The director of development services shall	209
prepare and submit a report to the governor and the general	210
assembly annually on or before the first day of FebruaryAugust of	211
the services and activities of the employee ownership assistance	212
program for the preceding calendar year. The director shall	213
include in the report information regarding the number, names, and	214
locations of business establishments that have been or likely will	215
be assisted as employee-owned corporations; recommendations on how	216
to better operate the program; information regarding the	217
effectiveness of the program in maintaining and improving	218
employment in the state; and the number of individuals affected by	219
the activities of the program.	220

Sec. 122.21.  In administering the urban and rural initiative	221
grant program created under section 122.20 of the Revised Code,	222
the director of development services shall do all of the	223
following:	224

(A) Annually designate, by the first day of January of each	225
year, the entities that constitute the eligible areas in this	226
state;	227

(B) Adopt rules in accordance with Chapter 119. of the	228
Revised Code establishing procedures and forms by which eligible	229
applicants in eligible areas may apply for a grant, which	230
procedures shall include a requirement that the applicant file a	231
redevelopment plan; standards and procedures for reviewing	232
applications and awarding grants; procedures for distributing	233
grants to recipients; procedures for monitoring the use of grants	234
by recipients; requirements, procedures, and forms by which	235
recipients who have received grants shall report their use of that	236
assistance; and standards and procedures for terminating and	237
requiring repayment of grants in the event of their improper use.	238
The rules adopted under this division shall comply with sections	239
122.19 to 122.22 of the Revised Code and shall include a rule	240
requiring that an eligible applicant who receives a grant from the	241
program provide a matching contribution of at least twenty-five	242
per cent of the amount of the grant awarded to the eligible	243
applicant.	244

The rules shall require that any eligible applicant for a	245
grant for land acquisition demonstrate to the director that the	246
property to be acquired meets all state environmental requirements	247
and that utilities for that property are available and adequate.	248
The rules shall require that any eligible applicant for a grant	249
for property eligible for the voluntary action program created	250
under Chapter 3746. of the Revised Code receive disbursement of	251
grant moneys only after receiving a covenant not to sue from the	252
director of environmental protection under section 3746.12 of the	253
Revised Code and shall require that those moneys be disbursed only	254
as reimbursement of actual expenses incurred in the undertaking of	255
the voluntary action. The rules shall require that whenever any	256
money is granted for land acquisition, infrastructure	257
improvements, or renovation of existing structures in order to	258
develop an industrial park site for a distressed area, labor	259
surplus area, or situational distress area as defined in section	260
122.19 of the Revised Code that also is a distressed area, labor	261
surplus area, or situational distress area as defined in section	262
122.23 of the Revised Code, a substantial portion of the site be	263
used for manufacturing, distribution, high technology, research	264
and development, or other businesses in which a majority of the	265
product or service produced is exported out of the state. Any	266
retail use at the site shall not constitute a primary use but only	267
a use incidental to other eligible uses. The rules shall require	268
that whenever any money is granted for land acquisition,	269
infrastructure improvements, and renovation of existing structures	270
in order to develop an industrial park site for a distressed area,	271
labor surplus area, or situational distress area as defined in	272
section 122.19 of the Revised Code that also is a distressed area,	273
labor surplus area, or situational distress area as defined in	274
section 122.23 of the Revised Code, the applicant for the grant	275
shall verify to the department of development services agency the	276
existence of a local economic development planning committee in a	277
municipal corporation, county, or township whose territory	278
includes the eligible area. The committee shall consist of members	279
of the public and private sectors who live in that municipal	280
corporation, county, or township. The local economic development	281
planning committee shall prepare and submit to the department	282
agency a five-year economic development plan for that municipal	283
corporation, county, or township that identifies, for the	284
five-year period covered by the plan, the economic development	285
strategies of a municipal corporation, county, or township whose	286
territory includes the proposed industrial park site. The economic	287
development plan shall describe in detail how the proposed	288
industrial park would complement other current or planned economic	289
development programs for that municipal corporation, county, or	290
township, including, but not limited to, workforce development	291
initiatives, business retention and expansion efforts, small	292
business development programs, and technology modernization	293
programs.	294

(C) Report to the governor, president of the senate, speaker	295
of the house of representatives, and minority leaders of the	296
senate and the house of representatives by the thirtiethfirst day	297
of JuneAugust of each year on the activities carried out under	298
the program during the preceding calendar year. The report shall	299
include the total number of grants made that year, and, for each	300
individual grant awarded, the following: the amount and recipient,	301
the eligible applicant, the purpose for awarding the grant, the	302
number of firms or businesses operating at the awarded site, the	303
number of employees employed by each firm or business, any excess	304
capacity at an industrial park site, and any additional	305
information the director declares to be relevant.	306

(D) Inform local governments and others in the state of the	307
availability of grants under section 122.20 of the Revised Code;	308

(E) Annually compile, pursuant to rules adopted by the	309
director of development services in accordance with Chapter 119.	310
of the Revised Code, using pertinent information submitted by any	311
municipal corporation, county, or township, a list of industrial	312
parks located in the state. The list shall include the following	313
information, expressed if possible in terms specified in the	314
director's rules adopted under this division: location of each	315
industrial park site, total acreage of each park site, total	316
occupancy of each park site, total capacity for new business at	317
each park site, total capacity of each park site for sewer, water,	318
and electricity, a contact person for each park site, and any	319
additional information the director declares to be relevant. Once	320
the list is compiled, the director shall make it available to the	321
governor, president of the senate, speaker of the house of	322
representatives, and minority leaders of the senate and the house	323
of representatives.	324

Sec. 122.25.  (A) In administering the program established	325
under section 122.24 of the Revised Code, the director of	326
development services shall do all of the following:	327

(1) Annually designate, by the first day of January of each	328
year, the entities that constitute the eligible areas in this	329
state as defined in section 122.23 of the Revised Code;	330

(2) Inform local governments and others in the state of the	331
availability of the program and financial assistance established	332
under sections 122.23 to 122.27 of the Revised Code;	333

(3) Report to the governor, president of the senate, speaker	334
of the house of representatives, and minority leaders of the	335
senate and the house of representatives by the thirtiethfirst day	336
of JuneAugust of each year on the activities carried out under	337
the program during the preceding calendar year. The report shall	338
include the number of loans made that year and the amount and	339
recipient of each loan.	340

(4) Work in conjunction with conventional lending	341
institutions, local revolving loan funds, private investors, and	342
other private and public financing sources to provide loans or	343
loan guarantees to eligible applicants;	344

(5) Establish fees, charges, interest rates, payment	345
schedules, local match requirements, and other terms and	346
conditions for loans and loan guarantees provided under the	347
program;	348

(6) Require each applicant to demonstrate the suitability of	349
any site for the assistance sought; that the site has been	350
surveyed, that the site has adequate or available utilities, and	351
that there are no zoning restrictions, environmental regulations,	352
or other matters impairing the use of the site for the purpose	353
intended;	354

(7) Require each applicant to provide a marketing plan and	355
management strategy for the project;	356

(8) Adopt rules establishing all of the following:

357

(a) Forms and procedures by which eligible applicants may	358
apply for assistance;	359

(b) Criteria for reviewing, evaluating, and ranking	360
applications, and for approving applications that best serve the	361
goals of the program;	362

(c) Reporting requirements and monitoring procedures;

363

(d) Guidelines regarding situations in which industrial parks	364
would be considered to compete against one another for the	365
purposes of division (B)(2) of section 122.27 of the Revised Code;	366

(e) Any other rules necessary to implement and administer the	367
program.	368

(B) The director may adopt rules establishing requirements	369
governing the use of any industrial park site receiving assistance	370
under section 122.24 of the Revised Code, such that a certain	371
portion of the site must be used for manufacturing, distribution,	372
high technology, research and development, or other businesses	373
wherein a majority of the product or service produced is exported	374
out of the state.	375

(C) As a condition of receiving assistance under section	376
122.24 of the Revised Code, and except as provided in division (D)	377
of this section, an applicant shall agree, for a period of five	378
years, not to permit the use of a site that is developed or	379
improved with such assistance to cause the relocation of jobs to	380
that site from elsewhere in the state.	381

(D) A site developed or improved with assistance under	382
section 122.24 of the Revised Code may be the site of jobs	383
relocated from elsewhere in the state if the director of	384
development services does all of the following:	385

(1) Makes a written determination that the site from which	386
the jobs would be relocated is inadequate to meet market or	387
industry conditions, expansion plans, consolidation plans, or	388
other business considerations affecting the relocating employer;	389

(2) Provides a copy of the determination required by division	390
(D)(1) of this section to the members of the general assembly	391
whose legislative districts include the site from which the jobs	392
would be relocated;	393

(3) Determines that the governing body of the area from which	394
the jobs would be relocated has been notified in writing by the	395
relocating company of the possible relocation.	396

(E) The director of development services shall obtain the	397
approval of the controlling board for any loan or loan guarantee	398
provided under sections 122.23 to 122.27 of the Revised Code.	399

Sec. 122.37.  (A) There is hereby created in the department	400
of development services agency the steel futures program, for the	401
purpose of preserving and improving the existing industrial base	402
of the state, improving the economy of the state by providing	403
employment, increased productivity, and ensuring continued	404
technological development consistent with these goals, and	405
maintaining a high standard of living for the people of this	406
state. The steel futures progamprogram may be supplemental to any	407
other enterprise assistance program administered by the director	408
of development services, and shall be administered so as to	409
provide financial and technical assistance to increase the	410
competitiveness of existing steel and steel-related industries in	411
this state, and to encourage establishment and development of new	412
industries of this type within the state.	413

Within six months after the effective date of this section,	414
theThe director shall develop a strategy for financial and	415
technical assistance to steel and steel-related industries in the	416
state, which shall include investment policies with regard to	417
these industries.	418

(B) In administering the program, the director may consult	419
with appropriate representatives of steel and steel-related	420
industries, appropriate representatives of any union that	421
represents workers in these industries, and other persons with	422
expert knowledge in these industries.	423

(C) The director of development services shall consult with	424
the chairmanchairperson of the public utilities commission to	425
foster development of public and private cooperative efforts that	426
result in energy savings and reduced energy costs for steel and	427
steel-related industries.	428

(D) Assistance may be made available to steel and	429
steel-related industries undertaking projects the director	430
determines to have long-term implications for and broad	431
applicability to the economy of this state when the director	432
finds:	433

(1) The undertaking of projects by the industries will	434
benefit the people of the state by creating or preserving jobs and	435
employment opportunities or improving the economic welfare of the	436
people of this state, and promoting development of new technology	437
or improving application of existing steel and steel-related	438
technology.	439

(2) The undertaking of projects by the industries will allow	440
them to compete more effectively in the marketplace.	441

(E) Projects eligible to receive assistance under the steel	442
futures program may include, but are not limited to, the following	443
areas:	444

(1) Research and development specifically related to steel	445
and steel-related industries and feasibility studies for business	446
development within these industries;	447

(2) Employee training;

448

(3) Labor and management relations; and

449

(4) Technology-driven capital investment.

450

(F) Financial and technical assistance may be in the form and	451
conditioned upon terms as the director considers appropriate.	452

(G) No later than the thirtiethfirst day of June in the	453
first year after the effective date of this section, and no later	454
than the thirtieth day of JuneAugust of each year thereafter, the	455
director shall submit a report to the general assembly describing	456
projects of the steel futures program, results obtained from	457
completed projects of the program, and program projects for the	458
next fiscal year.	459

Sec. 122.64.  (A) There is hereby established in the	460
development services agency a business services division. The	461
division shall be supervised by a deputy director appointed by the	462
director of development services.	463

The division is responsible for the administration of the	464
state economic development financing programs established pursuant	465
to sections 122.17 and 122.18, sections 122.39 and 122.41 to	466
122.62, and Chapter 166. of the Revised Code.	467

(B) The director of development services shall:

468

(1) Receive applications for assistance pursuant to sections	469
122.39 and 122.41 to 122.62 and Chapter 166. of the Revised Code.	470
The director shall process the applications.	471

(2) With the approval of the director of administrative	472
services, establish salary schedules for employees of the various	473
positions of employment with the division and assign the various	474
positions to those salary schedules;	475

(3) Employ and fix the compensation of financial consultants,	476
appraisers, consulting engineers, superintendents, managers,	477
construction and accounting experts, attorneys, and other agents	478
for the assistance programs authorized pursuant to sections 122.17	479
and 122.18, sections 122.39 and 122.41 to 122.62, and Chapter 166.	480
of the Revised Code as are necessary;	481

(4) Supervise the administrative operations of the division;

482

(5) On or before the first day of OctoberAugust in each	483
year, make an annual report of the activities and operations under	484
assistance programs authorized pursuant to sections 122.39 and	485
122.41 to 122.62 and Chapter 166. of the Revised Code for the	486
preceding fiscal year to the governor and the general assembly.	487
Each such report shall set forth a complete operating and	488
financial statement covering such activities and operations during	489
the year in accordance with generally accepted accounting	490
principles and shall be audited by a certified public accountant.	491
The director of development services shall transmit a copy of the	492
audited financial report to the office of budget and management.	493

Sec. 122.89.  (A) The director of development services may	494
execute bonds as surety for minority businesses as principals, on	495
contracts with the state, any political subdivision or	496
instrumentality thereof, or any person as the obligee. The	497
director as surety may exercise all the rights and powers of a	498
company authorized by the department of insurance to execute bonds	499
as surety but shall not be subject to any requirements of a surety	500
company under Title XXXIX of the Revised Code nor to any rules of	501
the department of insurance.	502

(B) The director, with the advice of the minority development	503
financing advisory board, shall adopt rules under Chapter 119. of	504
the Revised Code establishing procedures for application for	505
surety bonds by minority businesses and for review and approval of	506
applications. The board shall review each application in	507
accordance with the rules and, based on the bond worthiness of	508
each applicant, shall refer all qualified applicants to the	509
director. Based on the recommendation of the board, the director	510
shall determine whether or not the applicant shall receive	511
bonding.	512

(C) The rules of the board shall require the minority	513
business to pay a premium in advance for the bond to be	514
established by the director, with the advice of the board after	515
the director receives advice from the superintendent of insurance	516
regarding the standard market rates for premiums for similar	517
bonds. All premiums paid by minority businesses shall be paid into	518
the minority business bonding program administrative and loss	519
reserve fund.	520

(D) The rules of the board shall provide for a retainage of	521
money paid to the minority business or EDGE business enterprise of	522
fifteen per cent for a contract valued at more than fifty thousand	523
dollars and for a retainage of twelve per cent for a contract	524
valued at fifty thousand dollars or less.	525

(E) The penal sum amounts of all outstanding bonds issued by	526
the director shall not exceed the amount of moneys in the minority	527
business bonding fund and available to the fund under division (B)	528
of section 169.05 of the Revised Code.	529

(F) The superintendent of insurance shall provide such	530
technical and professional assistance as is considered necessary	531
by the director, including providing advice regarding the standard	532
market rates for bond premiums as described under division (C) of	533
this section.	534

(G) Notwithstanding any provision of the Revised Code to the	535
contrary, a minority business or EDGE business enterprise may bid	536
or enter into a contract with the state or with any	537
instrumentality of the state without being required to provide a	538
bond as follows:	539

(1) For the first contract that a minority business or EDGE	540
business enterprise enters into with the state or with any	541
particular instrumentality of the state, the minority business or	542
EDGE business enterprise may bid or enter into a contract valued	543
at twenty-five thousand dollars or less without being required to	544
provide a bond, but only if the minority business or EDGE business	545
enterprise is participating in a qualified contractor assistance	546
program or has successfully completed a qualified contractor	547
assistance program after the effective date of this amendment	548
October 16, 2009;	549

(2) After the state or any particular instrumentality of the	550
state has accepted the first contract as completed and all	551
subcontractors and suppliers on the contract have been paid, the	552
minority business or EDGE business enterprise may bid or enter	553
into a second contract with the state or with that particular	554
instrumentality of the state valued at fifty thousand dollars or	555
less without being required to provide a bond, but only if the	556
minority business or EDGE business enterprise is participating in	557
a qualified contractor assistance program or has successfully	558
completed a qualified contractor assistance program after the	559
effective date of this amendmentOctober 16, 2009;	560

(3) After the state or any particular instrumentality of the	561
state has accepted the second contract as completed and all	562
subcontractors and suppliers on the contract have been paid, the	563
minority business or EDGE business enterprise may bid or enter	564
into a third contract with the state or with that particular	565
instrumentality of the state valued at one hundred thousand	566
dollars or less without being required to provide a bond, but only	567
if the minority business or EDGE business enterprise has	568
successfully completed a qualified contractor assistance program	569
after the effective date of this amendmentOctober 16, 2009;	570

(4) After the state or any particular instrumentality of the	571
state has accepted the third contract as completed and all	572
subcontractors and suppliers on the contract have been paid, the	573
minority business or EDGE business enterprise may bid or enter	574
into a fourth contract with the state or with that particular	575
instrumentality of the state valued at three hundred thousand	576
dollars or less without being required to provide a bond, but only	577
if the minority business or EDGE business enterprise has	578
successfully completed a qualified contractor assistance program	579
after the effective date of this amendmentOctober 16, 2009;	580

(5) After the state or any instrumentality of the state has	581
accepted the fourth contract as completed and all subcontractors	582
and suppliers on the contract have been paid, upon a showing that	583
with respect to a contract valued at four hundred thousand dollars	584
or less with the state or with any particular instrumentality of	585
the state, that the minority business or EDGE business enterprise	586
either has been denied a bond by two surety companies or that the	587
minority business or EDGE business enterprise has applied to two	588
surety companies for a bond and, at the expiration of sixty days	589
after making the application, has neither received nor been denied	590
a bond, the minority business or EDGE business enterprise may	591
repeat its participation in the unbonded state contractor program.	592
Under no circumstances shall a minority business or EDGE business	593
enterprise be permitted to participate in the unbonded state	594
contractor program more than twice.	595

(H) Notwithstanding any provision of the Revised Code to the	596
contrary, a minority business or EDGE business enterprise may bid	597
or enter into a contract with any political subdivision of the	598
state or with any instrumentality of a political subdivision	599
without being required to provide a bond as follows:	600

(1) For the first contract that the minority business or EDGE	601
business enterprise enters into with any particular political	602
subdivision of the state or with any particular instrumentality of	603
a political subdivision, the minority business or EDGE business	604
enterprise may bid or enter into a contract valued at twenty-five	605
thousand dollars or less without being required to provide a bond,	606
but only if the minority business or EDGE business enterprise is	607
participating in a qualified contractor assistance program or has	608
successfully completed a qualified contractor assistance program	609
after the effective date of this amendmentOctober 16, 2009;	610

(2) After any political subdivision of the state or any	611
instrumentality of a political subdivision has accepted the first	612
contract as completed and all subcontractors and suppliers on the	613
contract have been paid, the minority business or EDGE business	614
enterprise may bid or enter into a second contract with that	615
particular political subdivision of the state or with that	616
particular instrumentality of a political subdivision valued at	617
fifty thousand dollars or less without being required to provide a	618
bond, but only if the minority business or EDGE business	619
enterprise is participating in a qualified contractor assistance	620
program or has successfully completed a qualified contractor	621
assistance program after the effective date of this amendment	622
October 16, 2009;	623

(3) After any political subdivision of the state or any	624
instrumentality of a political subdivision has accepted the second	625
contract as completed and all subcontractors and suppliers on the	626
contract have been paid, the minority business or EDGE business	627
enterprise may bid or enter into a third contract with that	628
particular political subdivision of the state or with that	629
particular instrumentality of a political subdivision valued at	630
one hundred thousand dollars or less without being required to	631
provide a bond, but only if the minority business or EDGE business	632
enterprise has successfully completed a qualified contractor	633
assistance program after the effective date of this amendment	634
October 16, 2009;	635

(4) After any political subdivision of the state or any	636
instrumentality of a political subdivision has accepted the third	637
contract as completed and all subcontractors and suppliers on the	638
contract have been paid, the minority business or EDGE business	639
enterprise may bid or enter into a fourth contract with that	640
particular political subdivision of the state or with that	641
particular instrumentality of a political subdivision valued at	642
two hundred thousand dollars or less without being required to	643
provide a bond, but only if the minority business or EDGE business	644
enterprise has successfully completed a qualified contractor	645
assistance program after the effective date of this amendment	646
October 16, 2009;	647

(5) After any political subdivision of the state or any	648
instrumentality of a political subdivision has accepted the fourth	649
contract as completed and all subcontractors and suppliers on the	650
contract have been paid, upon a showing that with respect to a	651
contract valued at three hundred thousand dollars or less with any	652
political subdivision of the state or any instrumentality of a	653
political subdivision, that the minority business or EDGE business	654
enterprise either has been denied a bond by two surety companies	655
or that the minority business or EDGE business enterprise has	656
applied to two surety companies for a bond and, at the expiration	657
of sixty days after making the application, has neither received	658
nor been denied a bond, the minority business or EDGE business	659
enterprise may repeat its participation in the unbonded political	660
subdivision contractor program. Under no circumstances shall a	661
minority business or EDGE business enterprise be permitted to	662
participate in the unbonded political subdivision contractor	663
program more than twice.	664

(I) Notwithstanding any provision of the Revised Code to the	665
contrary, if a minority business or EDGE business enterprise has	666
entered into two or more contracts with the state or with any	667
instrumentality of the state, the minority business or EDGE	668
business enterprise may bid or enter into a contract with a	669
political subdivision of the state or with any instrumentality of	670
a political subdivision valued at the level at which the minority	671
business or EDGE business enterprise would qualify if entering	672
into an additional contract with the state.	673

(J) The director of development services shall coordinate and	674
oversee the unbonded state contractor program described in	675
division (G) of this section, the unbonded political subdivision	676
contractor program described in division (H) of this section, and	677
the approval of a qualified contractor assistance program. The	678
director shall prepare an annual report and submit it to the	679
governor and the general assembly on or before the first day of	680
FebruaryAugust that includes the following: information on the	681
director's activities for the preceding calendar year regarding	682
the unbonded state contractor program, the unbonded political	683
subdivision contractor program, and the qualified contractor	684
assistance program; a summary and description of the operations	685
and activities of these programs; an assessment of the	686
achievements of these programs; and a recommendation as to whether	687
these programs need to continue.	688

(K) As used in this section:

689

(1) "EDGE business enterprise" means an EDGE business	690
enterprise certified under section 123.152 of the Revised Code.	691

(2) "Qualified contractor assistance program" means an	692
educational program or technical assistance program for business	693
development that is designed to assist a minority business or EDGE	694
business enterprise in becoming eligible for bonding and has been	695
approved by the director of development services for use as	696
required under this section.	697

(3) "Successfully completed a qualified contractor assistance	698
program" means the minority business or EDGE business enterprise	699
completed such a program on or after the effective date of this	700
amendmentOctober 16, 2009.	701

(4) "Unbonded state contractor program" means the program	702
described in division (G) of this section.	703

(5) "Unbonded political subdivision contractor program" means	704
the program described in division (H) of this section.	705

Sec. 122.94.  The director of development services shall:

706

(A) Promulgate rules in accordance with Chapter 119. of the	707
Revised Code for the conduct of the minority business development	708
division's business and for carrying out the purposes of sections	709
122.92 to 122.94 of the Revised Code;	710

(B) Prepare an annual report to the governor and the general	711
assembly on or before the first day of FebruaryAugust of its	712
activities for the preceding calendar year.	713

Sec. 122.941.  (A) On or before the first day of October	714
August in each year, the director of development services shall	715
make an annual report of the activities and operations under the	716
assistance programs of the departmentdevelopment services agency	717
for the preceding fiscal year to the governor and general	718
assembly. The annual report shall include a detailing of those	719
grants, guarantees, loans, and other forms of state assistance to	720
women-owned businesses.	721

(B) As used in this section:

722

(1) "Women-owned business" means any individual, partnership,	723
corporation, or joint venture of any kind that is owned and	724
controlled by women who are United States citizens and residents	725
of this state.	726

(2) "Owned and controlled" means that at least fifty-one per	727
cent of the business, including corporate stock if it is a	728
corporation, is owned by women and that such owners have control	729
over the day-to-day operations of the business and an interest in	730
the capital, assets, and profits and losses of the business	731
proportionate to their percentage of ownership. In order to	732
qualify as a women-owned business, a business shall have been	733
owned by such owners at least one year.	734

Sec. 149.311.  (A) As used in this section:

735

(1) "Historic building" means a building, including its	736
structural components, that is located in this state and that is	737
either individually listed on the national register of historic	738
places under 16 U.S.C. 470a, located in a registered historic	739
district, and certified by the state historic preservation officer	740
as being of historic significance to the district, or is	741
individually listed as an historic landmark designated by a local	742
government certified under 16 U.S.C. 470a(c).	743

(2) "Qualified rehabilitation expenditures" means	744
expenditures paid or incurred during the rehabilitation period,	745
and before and after that period as determined under 26 U.S.C. 47,	746
by an owner or qualified lessee of an historic building to	747
rehabilitate the building. "Qualified rehabilitation expenditures"	748
includes architectural or engineering fees paid or incurred in	749
connection with the rehabilitation, and expenses incurred in the	750
preparation of nomination forms for listing on the national	751
register of historic places. "Qualified rehabilitation	752
expenditures" does not include any of the following:	753

(a) The cost of acquiring, expanding, or enlarging an	754
historic building;	755

(b) Expenditures attributable to work done to facilities	756
related to the building, such as parking lots, sidewalks, and	757
landscaping;	758

(c) New building construction costs.

759

(3) "Owner" of an historic building means a person holding	760
the fee simple interest in the building. "Owner" does not include	761
the state or a state agency, or any political subdivision as	762
defined in section 9.23 of the Revised Code.	763

(4) "Qualified lessee" means a person subject to a lease	764
agreement for an historic building and eligible for the federal	765
rehabilitation tax credit under 26 U.S.C. 47. "Qualified lessee"	766
does not include the state or a state agency or political	767
subdivision as defined in section 9.23 of the Revised Code.	768

(5) "Certificate owner" means the owner or qualified lessee	769
of an historic building to which a rehabilitation tax credit	770
certificate was issued under this section.	771

(6) "Registered historic district" means an historic district	772
listed in the national register of historic places under 16 U.S.C.	773
470a, an historic district designated by a local government	774
certified under 16 U.S.C. 470a(c), or a local historic district	775
certified under 36 C.F.R. 67.8 and 67.9.	776

(7) "Rehabilitation" means the process of repairing or	777
altering an historic building or buildings, making possible an	778
efficient use while preserving those portions and features of the	779
building and its site and environment that are significant to its	780
historic, architectural, and cultural values.	781

(8) "Rehabilitation period" means one of the following:

782

(a) If the rehabilitation initially was not planned to be	783
completed in stages, a period chosen by the owner or qualified	784
lessee not to exceed twenty-four months during which	785
rehabilitation occurs;	786

(b) If the rehabilitation initially was planned to be	787
completed in stages, a period chosen by the owner or qualified	788
lessee not to exceed sixty months during which rehabilitation	789
occurs. Each stage shall be reviewed as a phase of a	790
rehabilitation as determined under 26 C.F.R. 1.48-12 or a	791
successor to that section.	792

(9) "State historic preservation officer" or "officer" means	793
the state historic preservation officer appointed by the governor	794
under 16 U.S.C. 470a.	795

(B) The owner or qualified lessee of an historic building may	796
apply to the director of development services for a rehabilitation	797
tax credit certificate for qualified rehabilitation expenditures	798
paid or incurred by such owner or qualified lessee after April 4,	799
2007, for rehabilitation of an historic building. If the owner of	800
an historic building enters a pass-through agreement with a	801
qualified lessee for the purposes of the federal rehabilitation	802
tax credit under 26 U.S.C. 47, the qualified rehabilitation	803
expenditures paid or incurred by the owner after April 4, 2007,	804
may be attributed to the qualified lessee.	805

The form and manner of filing such applications shall be	806
prescribed by rule of the director. Each application shall state	807
the amount of qualified rehabilitation expenditures the applicant	808
estimates will be paid or incurred. The director may require	809
applicants to furnish documentation of such estimates.	810

The director, after consultation with the tax commissioner	811
and in accordance with Chapter 119. of the Revised Code, shall	812
adopt rules that establish all of the following:	813

(1) Forms and procedures by which applicants may apply for	814
rehabilitation tax credit certificates;	815

(2) Criteria for reviewing, evaluating, and approving	816
applications for certificates within the limitations under	817
division (D) of this section, criteria for assuring that the	818
certificates issued encompass a mixture of high and low qualified	819
rehabilitation expenditures, and criteria for issuing certificates	820
under division (C)(3)(b) of this section;	821

(3) Eligibility requirements for obtaining a certificate	822
under this section;	823

(4) The form of rehabilitation tax credit certificates;

824

(5) Reporting requirements and monitoring procedures;

825

(6) Procedures and criteria for conducting cost-benefit	826
analyses of historic buildings that are the subjects of	827
applications filed under this section. The purpose of a	828
cost-benefit analysis shall be to determine whether rehabilitation	829
of the historic building will result in a net revenue gain in	830
state and local taxes once the building is used.	831

(7) Any other rules necessary to implement and administer	832
this section.	833

(C) The director of development services shall review the	834
applications with the assistance of the state historic	835
preservation officer and determine whether all of the following	836
criteria are met:	837

(1) That the building that is the subject of the application	838
is an historic building and the applicant is the owner or	839
qualified lessee of the building;	840

(2) That the rehabilitation will satisfy standards prescribed	841
by the United States secretary of the interior under 16 U.S.C.	842
470, et seq., as amended, and 36 C.F.R. 67.7 or a successor to	843
that section;	844

(3) That receiving a rehabilitation tax credit certificate	845
under this section is a major factor in:	846

(a) The applicant's decision to rehabilitate the historic	847
building; or	848

(b) To increase the level of investment in such	849
rehabilitation.	850

An applicant shall demonstrate to the satisfaction of the	851
state historic preservation officer and director of development	852
services that the rehabilitation will satisfy the standards	853
described in division (C)(2) of this section before the applicant	854
begins the physical rehabilitation of the historic building.	855

(D)(1) If the director of development services determines	856
that an application meets the criteria in divisions (C)(1), (2),	857
and (3) of this section, the director shall conduct a cost-benefit	858
analysis for the historic building that is the subject of the	859
application to determine whether rehabilitation of the historic	860
building will result in a net revenue gain in state and local	861
taxes once the building is used. The director shall consider the	862
results of the cost-benefit analysis in determining whether to	863
approve the application. The director shall also consider the	864
potential economic impact and the regional distributive balance of	865
the credits throughout the state. The director may approve an	866
application only after completion of the cost-benefit analysis.	867

(2) A rehabilitation tax credit certificate shall not be	868
issued for an amount greater than the estimated amount furnished	869
by the applicant on the application for such certificate and	870
approved by the director. The director shall not approve more than	871
a total of sixty million dollars of rehabilitation tax credits per	872
fiscal year but the director may reallocate unused tax credits	873
from a prior fiscal year for new applicants and such reallocated	874
credits shall not apply toward the dollar limit of this division.	875

(3) For rehabilitations with a rehabilitation period not	876
exceeding twenty-four months as provided in division (A)(7)(8)(a)	877
of this section, a rehabilitation tax credit certificate shall not	878
be issued before the rehabilitation of the historic building is	879
completed.	880

(4) For rehabilitations with a rehabilitation period not	881
exceeding sixty months as provided in division (A)(7)(8)(b) of	882
this section, a rehabilitation tax credit certificate shall not be	883
issued before a stage of rehabilitation is completed. After all	884
stages of rehabilitation are completed, if the director cannot	885
determine that the criteria in division (C) of this section are	886
satisfied for all stages of rehabilitations, the director shall	887
certify this finding to the tax commissioner, and any	888
rehabilitation tax credits received by the applicant shall be	889
repaid by the applicant and may be collected by assessment as	890
unpaid tax by the commissioner.	891

(5) The director of development services shall require the	892
applicant to provide a third-party cost certification by a	893
certified public accountant of the actual costs attributed to the	894
rehabilitation of the historic building when qualified	895
rehabilitation expenditures exceed two hundred thousand dollars.	896

If an applicant whose application is approved for receipt of	897
a rehabilitation tax credit certificate fails to provide to the	898
director sufficient evidence of reviewable progress, including a	899
viable financial plan, copies of final construction drawings, and	900
evidence that the applicant has obtained all historic approvals	901
within twelve months after the date the applicant received	902
notification of approval, and if the applicant fails to provide	903
evidence to the director that the applicant has secured and closed	904
on financing for the rehabilitation within eighteen months after	905
receiving notification of approval, the director may rescind the	906
approval of the application. The director shall notify the	907
applicant if the approval has been rescinded. Credits that would	908
have been available to an applicant whose approval was rescinded	909
shall be available for other qualified applicants. Nothing in this	910
division prohibits an applicant whose approval has been rescinded	911
from submitting a new application for a rehabilitation tax credit	912
certificate.	913

(E) Issuance of a certificate represents a finding by the	914
director of development services of the matters described in	915
divisions (C)(1), (2), and (3) of this section only; issuance of a	916
certificate does not represent a verification or certification by	917
the director of the amount of qualified rehabilitation	918
expenditures for which a tax credit may be claimed under section	919
5725.151, 5725.34, 5726.52, 5729.17, 5733.47, or 5747.76 of the	920
Revised Code. The amount of qualified rehabilitation expenditures	921
for which a tax credit may be claimed is subject to inspection and	922
examination by the tax commissioner or employees of the	923
commissioner under section 5703.19 of the Revised Code and any	924
other applicable law. Upon the issuance of a certificate, the	925
director shall certify to the tax commissioner, in the form and	926
manner requested by the tax commissioner, the name of the	927
applicant, the amount of qualified rehabilitation expenditures	928
shown on the certificate, and any other information required by	929
the rules adopted under this section.	930

(F)(1) On or before the first day of AprilAugust each year,	931
the director of development services and tax commissioner jointly	932
shall submit to the president of the senate and the speaker of the	933
house of representatives a report on the tax credit program	934
established under this section and sections 5725.151, 5725.34,	935
5726.52, 5729.17, 5733.47, and 5747.76 of the Revised Code. The	936
report shall present an overview of the program and shall include	937
information on the number of rehabilitation tax credit	938
certificates issued under this section during the preceding fiscal	939
year, an update on the status of each historic building for which	940
an application was approved under this section, the dollar amount	941
of the tax credits granted under sections 5725.151, 5725.34,	942
5726.52, 5729.17, 5733.47, and 5747.76 of the Revised Code, and	943
any other information the director and commissioner consider	944
relevant to the topics addressed in the report.	945

(2) On or before December 1, 2015, the director of	946
development services and tax commissioner jointly shall submit to	947
the president of the senate and the speaker of the house of	948
representatives a comprehensive report that includes the	949
information required by division (F)(1) of this section and a	950
detailed analysis of the effectiveness of issuing tax credits for	951
rehabilitating historic buildings. The report shall be prepared	952
with the assistance of an economic research organization jointly	953
chosen by the director and commissioner.	954

(G) There is hereby created in the state treasury the	955
historic rehabilitation tax credit operating fund. The director of	956
development services is authorized to charge reasonable	957
application and other fees in connection with the administration	958
of tax credits authorized by this section and sections 5725.151,	959
5725.34, 5726.52, 5729.17, 5733.445733.47, and 5747.76 of the	960
Revised Code. Any such fees collected shall be credited to the	961
fund and used to pay reasonable costs incurred by the department	962
of development services in administering this section and sections	963
5725.151, 5725.34, 5726.52, 5729.17, 5733.445733.47, and 5747.76	964
of the Revised Code.	965

The Ohio historic preservation office is authorized to charge	966
reasonable fees in connection with its review and approval of	967
applications under this section. Any such fees collected shall be	968
credited to the fund and used to pay administrative costs incurred	969
by the Ohio historic preservation office pursuant to this section.	970

Sec. 150.10.  (A) On the first day of January of the second	971
year after the date of entering into an agreement under section	972
150.05 of the Revised Code and on the first day of August of each	973
ensuing year, the authority shall file with the clerk of the house	974
of representatives, the clerk of the senate, and the chairpersons	975
of the house and senate standing committees predominantly	976
concerned with economic development a written report on the Ohio	977
venture capital program. The report shall include all the	978
following:	979

(1) A description of the details of the investment policy	980
established or modified in accordance with sections 150.03 and	981
150.04 of the Revised Code;	982

(2) The authority's assessment of the program's achievement	983
of its purpose stated in section 150.01 of the Revised Code;	984

(3) The value of tax credit certificates issued by the	985
authority under section 150.07 of the Revised Code in each fiscal	986
year ending on or before the preceding thirtieth day of June;	987

(4) The amount of tax credits claimed pursuant to section	988
5707.031, 5725.19, 5726.53, 5727.241, 5729.08, 5733.49, or 5747.80	989
of the Revised Code, as to the respective taxes involved;	990

(5) The financial status of the Ohio venture capital fund;

991

(6) The names of venture capital funds in which money from	992
the program fund has been invested and the locations of their	993
principal offices, and the names of the enterprises in which each	994
of those venture capital funds has invested such money and the	995
locations of those enterprises' principal offices;	996

(7) Any recommendations for modifying the program to better	997
achieve the purpose stated in section 150.01 of the Revised Code.	998

(B) During each year that a report is issued under division	999
(A) of this section, the chairperson of the authority, or another	1000
member of the authority designated by the chairperson as the	1001
authority's representative, shall be required to appear in person	1002
before the standing committees of the house and senate	1003
predominantly concerned with economic development to give	1004
testimony concerning the status of the Ohio venture capital	1005
program.	1006

Sec. 166.13. (A) Prior to entering into each agreement to	1007
provide innovation financial assistance under sections 166.12,	1008
166.15, and 166.16 of the Revised Code, the director of	1009
development services shall determine whether the assistance will	1010
conform to the requirements of sections 166.12 to 166.16 of the	1011
Revised Code. Such determination, and the facts upon which it is	1012
based, shall be set forth by the director in submissions made to	1013
the controlling board when the director seeks a release of moneys	1014
under section 166.12 of the Revised Code. An agreement to provide	1015
assistance under sections 166.12, 166.15, and 166.16 of the	1016
Revised Code shall set forth the determination, which shall be	1017
conclusive for purposes of the validity and enforceability of the	1018
agreement and any innovation loan guarantees, innovation loans, or	1019
other agreements entered into pursuant to the agreement to provide	1020
innovation financial assistance.	1021

(B) Whenever a person applies for innovation financial	1022
assistance under sections 166.12, 166.15, and 166.16 of the	1023
Revised Code and the eligible innovation project for which	1024
innovation financial assistance is requested is to relocate an	1025
eligible innovation project that is currently being operated by	1026
the person and that is located in another county, municipal	1027
corporation, or township, the directorperson shall provide	1028
written notification to the appropriate local governmental bodies	1029
and state officials. The notification shall contain the following	1030
information:	1031

(1) The name of the person applying for innovation financial	1032
assistance;	1033

(2) The county, and the municipal corporation or township, in	1034
which the eligible innovation project for which innovation	1035
financial assistance is requested is located; and	1036

(3) The county, and the municipal corporation or township, in	1037
which the eligible innovation project to be replaced is located	1038
director may not enter into an agreement to provide innovation	1039
financial assistance until the director determines that the	1040
appropriate local government bodies and state officials have been	1041
notified.	1042

(C) As used in division (B) of this section:

1043

(1) "Appropriate local governmental bodies" means:

1044

(a) The boards of county commissioners or legislative	1045
authorities of the county in which the project for which	1046
innovation financial assistance is requested is located and of the	1047
county in which the eligible innovation project to be replaced is	1048
located;	1049

(b) The legislative authority of the municipal corporation or	1050
the board of township trustees of the township in which the	1051
eligible innovation project for which innovation financial	1052
assistance is requested is located; and	1053

(c) The legislative authority of the municipal corporation or	1054
the board of township trustees of the township in which the	1055
eligible innovation project to be replaced is located.	1056

(2) "State officials" means:

1057

(a) The state representative and state senator in whose	1058
districts the project for which innovation financial assistance is	1059
requested is located;	1060

(b) The state representative and state senator in whose	1061
districts the innovation project to be replaced is located.	1062

Sec. 166.18. (A) Prior to entering into each agreement to	1063
provide research and development financial assistance, the	1064
director of development services shall determine whether the	1065
assistance will conform to the requirements of sections 166.17 to	1066
166.21, 5733.352, and 5747.331 of the Revised Code. Such	1067
determination, and the facts upon which it is based, shall be set	1068
forth by the director in submissions made to the controlling board	1069
when the director seeks a release of moneys under section 166.17	1070
of the Revised Code. An agreement to provide research and	1071
development financial assistance under section 166.17 or 166.21 of	1072
the Revised Code shall set forth the determination, which shall be	1073
conclusive for purposes of the validity and enforceability of the	1074
agreement, and any loans or other agreements entered into pursuant	1075
to the agreement, to provide research and development financial	1076
assistance.	1077

(B) Whenever a person applies for research and development	1078
financial assistance, and the eligible research and development	1079
project for which that assistance is requested is to relocate an	1080
eligible research and development project that is currently being	1081
operated by the person and that is located in another county,	1082
municipal corporation, or township within the state, the director	1083
person shall provide written notification to the appropriate local	1084
governmental bodies and state officials. The notification shall	1085
state all of the following:	1086

(1) The name of the person applying for research and	1087
development financial assistance;	1088

(2) The county, and the municipal corporation or township, in	1089
which the project for which research and development financial	1090
assistance is requested will be located;	1091

(3) The county, and the municipal corporation or township, in	1092
which the eligible research and development project is located at	1093
the time such financial assistance is requesteddirector may not	1094
enter into an agreement to provide research and development	1095
financial assistance until the director determines that the	1096
appropriate local government bodies and state officials have been	1097
notified.	1098

(C) As used in division (B) of this section:

1099

(1) "Appropriate local governmental bodies" means all of the	1100
following:	1101

(a) The board of county commissioners of or legislative	1102
authorities of special districts in the county in which the	1103
eligible research and development project for which research and	1104
development financial assistance is requested is located and of	1105
the county in which the project will be located;	1106

(b) The legislative authority of the municipal corporation or	1107
the board of township trustees of the township in which the	1108
eligible research and development project for which research and	1109
development financial assistance is requested is located and of	1110
the municipal corporation or township in which the project will be	1111
located.	1112

(2) "State officials" means both of the following:

1113

(a) The state representative and state senator in whose	1114
district the eligible research and development project for which	1115
research and development financial assistance is requested is	1116
located;	1117

(b) The state representative and state senator in whose	1118
district the eligible research and development project will be	1119
located.	1120

Sec. 184.02.  (A) In addition to the powers and duties under	1121
sections 184.10 to 184.20 and 184.37 of the Revised Code, the	1122
third frontier commission may perform any act to ensure the	1123
performance of any function necessary or appropriate to carry out	1124
the purposes of, and exercise the powers granted under, sections	1125
184.01 and 184.02 of the Revised Code. In addition, the commission	1126
may do any of the following:	1127

(1) Adopt, amend, and rescind rules under section 111.15 of	1128
the Revised Code for the administration of any aspect of its	1129
operations;	1130

(2) Adopt bylaws governing its operations, including bylaws	1131
that establish procedures and set policies as may be necessary to	1132
assist with the furtherance of its purposes;	1133

(3) Appoint and set the compensation of employees needed to	1134
carry out its duties;	1135

(4) Contract with, retain the services of, or designate, and	1136
fix the compensation of, such financial consultants, accountants,	1137
other consultants and advisors, and other independent contractors	1138
as may be necessary or desirable to carry out its duties;	1139

(5) Solicit input and comments from the third frontier	1140
advisory board, and specialized industry, professional, and other	1141
relevant interest groups concerning its purposes;	1142

(6) Facilitate alignment of the state's science and	1143
technology programs and activities;	1144

(7) Make grants and loans to individuals, public agencies,	1145
private companies or organizations, or joint ventures for any of	1146
the broad range of activities related to its purposes.	1147

(B) In addition to the powers and duties under sections	1148
184.10 to 184.20 and 184.37 of the Revised Code, the commission	1149
shall do all of the following:	1150

(1) Establish a competitive process for the award of grants	1151
and loans that is designed to fund the most meritorious proposals	1152
and, when appropriate, provide for peer review of proposals;	1153

(2) Within ninety days after the end of each fiscalOn or	1154
before the first day of August of each year, submit to the	1155
governor and the general assembly a report of the activities of	1156
the commission during the preceding fiscal year;	1157

(3) With specific application to the biomedical research and	1158
technology transfer trust fund, periodically make strategic	1159
assessments of the types of state investments in biomedical	1160
research and biotechnology in the state that would likely create	1161
jobs and business opportunities in the state and produce the most	1162
beneficial long-term improvements to the public health of Ohioans,	1163
including, but not limited to, biomedical research and	1164
biotechnology initiatives that address tobacco-related illnesses	1165
as may be outlined in any master agreement. The commission shall	1166
award grants and loans from the fund pursuant to a process	1167
established under division (B)(1) of this section.	1168

Sec. 1551.34.  On or before the thirty-firstfirst day of	1169
MarchAugust of the secondeach even-numbered year of each	1170
biennium, the director of the Ohio coal development office	1171
established under section 1551.32 of the Revised Code shall submit	1172
to the governor and the general assembly an Ohio coal development	1173
agenda. Prior to each submission, the office shall solicit public	1174
comment on the agenda to give interested parties an opportunity to	1175
comment on the agenda. The director shall consider any public	1176
comments received prior to the agenda's submission. The agenda	1177
shall include, but is not limited to, all of the following:	1178

(A) A characterization of Ohio coal, constraints on its	1179
maximum use, and opportunities for overcoming those constraints;	1180

(B) A characterization of the current and potential markets	1181
for Ohio coal, constraints on increased market demand for it, and	1182
opportunities for overcoming those constraints;	1183

(C) Identification of each of the office's programs and its	1184
correspondence to the purposes of the office;	1185

(D) A description of the office's current projects that	1186
includes the status of each project and a specific description of	1187
the office's activities in all of the following areas:	1188

(1) Commercialization of available technology;

1189

(2) Marketplace adoption of that technology;

1190

(3) Enhancement of user markets for Ohio coal.

1191

(E) The types of projects to be funded in the succeeding	1192
biennium;	1193

(F) Anticipated expenditures for, the relative priority of,	1194
and the potential benefits of each type of project to be funded in	1195
the succeeding biennium;	1196

(G) The results obtained from completed projects and	1197
dissemination of those results;	1198

(H) A fiscal report of the office's activities under sections	1199
1551.30 to 1551.35 and Chapter 1555. of the Revised Code during	1200
the preceding biennium;	1201

(I) The criteria used to select the office's specific types	1202
of projects. The criteria shall consider all of the following:	1203

(1) A project's relationship to and support of the office's	1204
purposes;	1205

(2) The technology involved, its applicability to Ohio coal,	1206
and its potential rate and probability of marketplace adoption;	1207

(3) The commercial readiness of a project's facility,	1208
technology, or equipment;	1209

(4) The cost and relative risk to the state and the	1210
participation of other investors or interested parties in a	1211
project's financing;	1212

(5) The likelihood that results of a project would not be	1213
achieved in the absence of the office's assistance.	1214

Sec. 3333.91. Not later than December 31, 2014, the	1215
governor's office of workforce transformation, in collaboration	1216
with the chancellor of the Ohio board of regents, the	1217
superintendent of public instruction, and the department of job	1218
and family services, shall develop and submit to the appropriate	1219
federal agency a single, state unified plan for the adult basic	1220
and literacy education program administered by the United States	1221
secretary of education, the "Carl D. Perkins Vocational and	1222
Technical Education Act," 20 U.S.C. 2301, et seq., as amended, and	1223
the "Workforce Investment Act of 1998," 29 U.S.C. 2801, et seq.,	1224
as amended. Following the plan's initial submission to the	1225
appropriate federal agency, the governor's office of workforce	1226
transformation may update it as necessary. If the plan is updated,	1227
the governor's office of workforce transformation shall submit the	1228
updated plan to the appropriate federal agency.	1229

Sec. 3731.02.  (A) The state fire marshal shall make such	1230
rules as are necessary to carry out this chapter, which shall	1231
include, but are not limited to, rules establishing requirements	1232
to renew a license issued under this chapter and fees for	1233
licensure and renewal and for inspections of hotels. Except as	1234
provided in division (G) of section 3731.12 of the Revised Code,	1235
the state fire marshal and the assistant state fire marshals shall	1236
enforce this chapter.	1237

(B) Except as otherwise provided in this division and	1238
divisions (C) and (D) of this section, the board of building	1239
standards shall adopt, pursuant to section 3781.10 of the Revised	1240
Code, rules that specify that the building code standards for SRO	1241
facilities shall be use group R-2. Any facility operating prior to	1242
October 16, 1996, in the nature of an SRO facility that met the	1243
building code standards for an SRO facility prior to that date,	1244
whether previously licensed as a hotel or not, and after October	1245
16, 1996, licensed as an SRO facility under section 3731.03 of the	1246
Revised Code, shall be permitted under the rules to have a	1247
building code standard of either use group R-1 or use group R-2 if	1248
the facility meets the requirements for those use groups as	1249
specified in the Ohio building code adopted pursuant to section	1250
3781.10 of the Revised Code. The requirements of this division	1251
apply to an SRO facility that holds a license as an SRO facility	1252
on the effective date of this amendmentSeptember 12, 2008, unless	1253
any of the following events occur on or after the effective date	1254
of this amendmentSeptember 12, 2008:	1255

(1) The owner of the SRO facility constructs or alters the	1256
facility.	1257

(2) The owner of the SRO facility surrenders the license	1258
issued to that facility.	1259

(3) The owner of the SRO facility changes the use or	1260
occupancy of that facility.	1261

(4) The license issued to that SRO facility under this	1262
chapter is revoked or is not renewed.	1263

(C) If any of the events described in divisions (B)(1) to (4)	1264
of this section occur, the owner of the structure shall comply	1265
with division (D) of this section to obtain a new license to	1266
operate as an SRO facility.	1267

(D) Beginning on the effective date of this amendment	1268
September 12, 2008, the state fire marshal shall not issue a new	1269
license to operate a facility as an SRO facility, and shall not	1270
renew such a license issued under this division, unless the SRO	1271
facility is constructed providing individual sleeping rooms for	1272
each guest; has, on a per-room or a communal basis within each	1273
building to be licensed as an SRO facility, permanent provisions	1274
for living, eating, cooking, and sanitation; and is constructed in	1275
accordance with the requirements specified for SRO facilities and	1276
is approved by the building official having jurisdiction over that	1277
facility to be an SRO facility. An SRO facility subject to this	1278
division shall only operate with, and shall properly maintain,	1279
individual sleeping rooms for each guest and shall only operate	1280
with, and shall properly maintain, on a per-room or communal	1281
basis, permanent provisions available to all guests for living,	1282
eating, cooking, and sanitation.	1283

(E) The state fire marshal may, pursuant to division (A) of	1284
this section, adopt rules establishing a fire code and sanitary	1285
standards compliance incentive program for persons required to	1286
procure a license for a hotel under section 3731.03 of the Revised	1287
Code. The rules may include provisions for the creation of a "Safe	1288
Stay Hotel" designation by the state fire marshal, the standards a	1289
licensed hotel must meet to achieve and maintain that designation,	1290
the procedures the state fire marshal shall use to publish and	1291
maintain a registry of hotels receiving that designation, and any	1292
monetary incentives offered by the state fire marshal to encourage	1293
a licensed hotel to achieve and maintain that designation. At a	1294
minimum, no hotel may be designated as a "Safe Stay Hotel" or	1295
maintain such a designation unless it meets the fire code and	1296
sanitary compliance standards established pursuant to this section	1297
for a continuous period of at least twenty-four months.	1298

Nothing in this division shall be construed to limit the	1299
power of this state, the department of commerce, the state fire	1300
marshal, or any other political subdivision of the state to	1301
administer and enforce any other sections of this chapter or any	1302
other applicable laws, rules, and regulations. Nothing in this	1303
division shall be construed to require the state fire marshal to	1304
designate a hotel as a "Safe Stay Hotel" or require the state fire	1305
marshal to award a monetary incentive to a hotel in any manner	1306
that is inconsistent or in conflict with the rules adopted under	1307
this section or any other applicable laws, rules, or regulations.	1308

Sec. 4740.06. (A) Any individual who applies for a license	1309
shall file a written application with the appropriate section of	1310
the Ohio construction industry licensing board, accompanied with	1311
the application fee as determined pursuant to section 4740.09 of	1312
the Revised Code. The individual shall file the application not	1313
more than sixty days nor less than thirty days prior to the date	1314
of the examination. The application shall be on the form the	1315
section prescribes and verified by the applicant's oath. The	1316
applicant shall provide information satisfactory to the section	1317
showing that the applicant meets the requirements of division (B)	1318
of this section.	1319

(B) To qualify to take an examination, an individual shall:

1320

(1) Be at least eighteen years of age;

1321

(2) Be a United States citizen or legal alien who produces	1322
valid documentation to demonstrate the individual is a legal	1323
resident of the United States;	1324

(3) Either have been a tradesperson in the type of licensed	1325
trade for which the application is filed for not less than five	1326
years immediately prior to the date the application is filed, be a	1327
currently registered engineer in this state with three years of	1328
business experience in the construction industry in the trade for	1329
which the engineer is applying to take an examination, or have	1330
other experience acceptable to the appropriate section of the	1331
board;	1332

(4) Maintain contractor's liability insurance, including	1333
without limitation, complete operations coverage, in an amount the	1334
appropriate section of the board determines;	1335

(5) Not have done any of the following:

1336

(a) Been convicted of or pleaded guilty to a crime of moral	1337
turpitude or a disqualifying offense as those terms are defined in	1338
section 4776.10 of the Revised Code;	1339

(b) Violated this chapter or any rule adopted pursuant to it;

1340

(c) Obtained or renewed a license issued pursuant to this	1341
chapter, or any order, ruling, or authorization of the board or a	1342
section of the board by fraud, misrepresentation, or deception;	1343

(d) Engaged in fraud, misrepresentation, or deception in the	1344
conduct of business.	1345

(C) When an applicant for licensure as a contractor in a	1346
licensed trade meets the qualifications set forth in division (B)	1347
of this section and passes the required examination, the	1348
appropriate section of the board, within ninety days after the	1349
application was filed, shall authorize the administrative section	1350
of the board to license the applicant for the type of contractor's	1351
license for which the applicant qualifies. A section of the board	1352
may withdraw its authorization to the administrative section for	1353
issuance of a license for good cause shown, on the condition that	1354
notice of that withdrawal is given prior to the administrative	1355
section's issuance of the license.	1356

(D) All licenses a contractor holds pursuant to this chapter	1357
shall expire annually on the same date, which shall be the	1358
expiration date of the original license the contractor holds. An	1359
individual holding a valid, unexpired license may renew the	1360
license, without reexamination, by submitting an application to	1361
the appropriate section of the board not more than ninety calendar	1362
days before the expiration of the license, along with the renewal	1363
fee the section requires and proof of compliance with the	1364
applicable continuing education requirements. The applicant shall	1365
provide information in the renewal application satisfactory to	1366
demonstrate to the appropriate section that the applicant	1367
continues to meet the requirements of division (B) of this	1368
section.	1369

Upon application and within one calendar year after a license	1370
has expired, a section may waive any of the requirements for	1371
renewal of a license upon finding that an applicant substantially	1372
meets the renewal requirements or that failure to timely apply for	1373
renewal is due to excusable neglect. A section that waives	1374
requirements for renewal of a license may impose conditions upon	1375
the licensee and assess a late filing fee of not more than double	1376
the usual renewal fee. An applicant shall satisfy any condition	1377
the section imposes before a license is reissued.	1378

(E) An individual holding a valid license may request the	1379
section of the board that authorized that license to place the	1380
license in inactive status under conditions, and for a period of	1381
time, as that section determines.	1382

(F) Except for the ninety-day extension provided for a	1383
license assigned to a business entity under division (D) of	1384
section 4740.07 of the Revised Code, a license held by an	1385
individual immediately terminates upon the death of the	1386
individual.	1387

(G) Nothing in any license issued by the Ohio construction	1388
industry licensing board shall be construed to limit or eliminate	1389
any requirement of or any license issued by the Ohio fire marshal.	1390

(H)(1) Subject to divisions (H)(2), (3), and (4) of this	1391
section, no trade section of the board shall adopt, maintain,	1392
renew, or enforce any rule, or otherwise preclude in any way, an	1393
individual from receiving or renewing a license under this chapter	1394
due to any past criminal activity or interpretation of moral	1395
character, except as pursuant to division (B)(5)(a) of this	1396
section. If the section denies an individual a license or license	1397
renewal, the reasons for such denial shall be put in writing.	1398

(2) Except as otherwise provided in this division, if an	1399
individual applying for a license has been convicted of or pleaded	1400
guilty to a misdemeanor that is not a crime of moral turpitude or	1401
a disqualifying offense less than one year prior to making the	1402
application, the section may use its discretion in granting or	1403
denying the individual a license. Except as otherwise provided in	1404
this division, if an individual applying for a license has been	1405
convicted of or pleaded guilty to a felony that is not a crime of	1406
moral turpitude or a disqualifying offense less than three years	1407
prior to making the application, the section may use its	1408
discretion in granting or denying the individual a license. The	1409
provisions in this paragraph do not apply with respect to any	1410
offense unless the section, prior to the effective date of this	1411
amendmentSeptember 28, 2012, was required or authorized to deny	1412
the application based on that offense.	1413

In all other circumstances, the section shall follow the	1414
procedures it adopts by rule that conform to division (H)(1) of	1415
this section.	1416

(3) In considering a renewal of an individual's license, the	1417
section shall not consider any conviction or plea of guilty prior	1418
to the initial licensing. However, the board may consider a	1419
conviction or plea of guilty if it occurred after the individual	1420
was initially licensed, or after the most recent license renewal.	1421

(4) The section may grant an individual a conditional license	1422
that lasts for one year. After the one-year period has expired,	1423
the license is no longer considered conditional, and the	1424
individual shall be considered fully licensed.	1425

(I) Notwithstanding divisions (D) and (H) of this section and	1426
sections 4740.04 and 4740.05 of the Revised Code, the board may	1427
establish rules that amend the continuing education requirements	1428
and license renewal schedule for licensees as provided in or	1429
adopted pursuant to those sections for the purpose of establishing	1430
a compliance incentive program. These rules may include provisions	1431
for the creation of the program and the qualifications, continuing	1432
education requirements, and renewal schedule for the program.	1433

Sec. 6301.11.  The state board, in connection with the	1434
department of job and family services, shall develop a methodology	1435
for identifying jobs in high demand by employers operating in this	1436
state.	1437

The board and the department shall use the methodology to	1438
create a list of such high-demand jobs and shall publish the list	1439
on the web site of the department on or before December 31, 2014.	1440
The state board and the department shall periodically update the	1441
list to reflect evolving workforce demands in this state.	1442

Local boards, workforce development agencies, and other	1443
providers of workforce training shall use the list of high-demand	1444
jobs to cultivate and prioritize workforce development activities	1445
that correspond to the employment needs of employers operating in	1446
this state and to assist individuals in maximizing their	1447
employment opportunities.	1448

Section 2. That existing sections 121.08, 122.136, 122.21,	1449
122.25, 122.37, 122.64, 122.89, 122.94, 122.941, 149.311, 150.10,	1450
166.13, 166.18, 184.02, 1551.34, 3731.02, and 4740.06 of the	1451
Revised Code are hereby repealed.	1452

Section 3. (A) The Chancellor of the Ohio Board of Regents,	1453
in consultation with the parties specified in division (B) of this	1454
section, shall develop recommendations for increasing access to	1455
and participation in programs for adults who have not obtained a	1456
high school diploma that offer credentials equivalent to a high	1457
school diploma and also provide career pathways, such as an	1458
associate degree, industry credential, or other type of career	1459
training.	1460

(B) In developing recommendations under division (A) of this	1461
section, the Chancellor shall consult with all of the following:	1462

(1) The Superintendent of Public Instruction;

1463

(2) Representatives of the Governor's Office of Workforce	1464
Transformation, the Department of Job and Family Services, and the	1465
Ohio Association of Community Colleges;	1466

(3) Representatives of career-technical planning districts	1467
that provide post-secondary workforce education;	1468

(4) Representatives of programs that provide adult basic and	1469
literacy education;	1470

(5) Representatives of any other interested parties at the	1471
Chancellor's discretion.	1472

(C) Not later than December 31, 2014, the Chancellor shall	1473
prepare a report of the recommendations developed under division	1474
(A) of this section and submit it to the Governor, the President	1475
of the Senate, and the Speaker of the House of Representatives.	1476