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To amend sections 121.08, 122.136, 122.21, 122.25, | 1 |
122.37, 122.64, 122.89, 122.94, 122.941, 127.14, | 2 |
149.311, 150.10, 166.13, 166.18, 184.02, 1551.34, | 3 |
3731.02, 4740.06, and 6301.12 and to enact | 4 |
sections 107.35, 3333.91, and 6301.11 of the | 5 |
Revised Code to revise the coordination of | 6 |
workforce development and economic development | 7 |
programs; to synchronize the due dates of several | 8 |
reports due from the Development Services Agency, | 9 |
the Ohio Venture Capital Authority, and the Third | 10 |
Frontier Commission; to revise the law regarding | 11 |
innovation financial assistance and research and | 12 |
development financial assistance; to require the | 13 |
Department of Job and Family Services to consult | 14 |
with the Governor's executive workforce board and | 15 |
create a list of in-demand jobs in this state; to | 16 |
require the Office of Workforce Development annual | 17 |
report to be completed annually by July 30; to | 18 |
make changes regarding the administration of the | 19 |
Medicaid Reserve Fund; and to permit the Director | 20 |
of Commerce, the State Fire Marshal, and the Ohio | 21 |
Construction Industry Licensing Board to establish | 22 |
compliance incentive programs. | 23 |
Section 1. That sections 121.08, 122.136, 122.21, 122.25, | 24 |
122.37, 122.64, 122.89, 122.94, 122.941, 127.14, 149.311, 150.10, | 25 |
166.13, 166.18, 184.02, 1551.34, 3731.02, 4740.06, and 6301.12 be | 26 |
amended and sections 107.35, 3333.91, and 6301.11 of the Revised | 27 |
Code be enacted to read as follows: | 28 |
Sec. 107.35. Not later than December 31, 2014, the | 29 |
governor's office of workforce transformation, with staff support | 30 |
and assistance from the departments of job and family services and | 31 |
education and the Ohio board of regents, shall establish criteria | 32 |
to use for evaluating the performance of state and local workforce | 33 |
programs using basic, aligned workforce measures related to system | 34 |
efficiency and effectiveness. The office shall develop and make | 35 |
available on the internet through a web site a public dashboard to | 36 |
display metrics regarding the state's administration of primary | 37 |
workforce programs, including the following programs: | 38 |
(A) The adult basic and literacy education program; | 39 |
(B) Programs administered under the federal "Carl D. Perkins | 40 |
Career and Technical Education Act of 2006," 120 Stat. 683, 20 | 41 |
U.S.C. 2301 et seq., as amended; | 42 |
(C) State aid and scholarships within the Ohio board of | 43 |
regents; | 44 |
(D) Programs administered under title I of the federal | 45 |
"Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C. 2801 | 46 |
et seq., as amended. | 47 |
Sec. 121.08. (A) There is hereby created in the department | 48 |
of commerce the position of deputy director of administration. | 49 |
This officer shall be appointed by the director of commerce, serve | 50 |
under the director's direction, supervision, and control, perform | 51 |
the duties the director prescribes, and hold office during the | 52 |
director's pleasure. The director of commerce may designate an | 53 |
assistant director of commerce to serve as the deputy director of | 54 |
administration. The deputy director of administration shall | 55 |
perform the duties prescribed by the director of commerce in | 56 |
supervising the activities of the division of administration of | 57 |
the department of commerce. | 58 |
(B) Except as provided in section 121.07 of the Revised Code, | 59 |
the department of commerce shall have all powers and perform all | 60 |
duties vested in the deputy director of administration, the state | 61 |
fire marshal, the superintendent of financial institutions, the | 62 |
superintendent of real estate and professional licensing, the | 63 |
superintendent of liquor control, the superintendent of industrial | 64 |
compliance, the superintendent of unclaimed funds, and the | 65 |
commissioner of securities, and shall have all powers and perform | 66 |
all duties vested by law in all officers, deputies, and employees | 67 |
of those offices. Except as provided in section 121.07 of the | 68 |
Revised Code, wherever powers are conferred or duties imposed upon | 69 |
any of those officers, the powers and duties shall be construed as | 70 |
vested in the department of commerce. | 71 |
(C)(1) There is hereby created in the department of commerce | 72 |
a division of financial institutions, which shall have all powers | 73 |
and perform all duties vested by law in the superintendent of | 74 |
financial institutions. Wherever powers are conferred or duties | 75 |
imposed upon the superintendent of financial institutions, those | 76 |
powers and duties shall be construed as vested in the division of | 77 |
financial institutions. The division of financial institutions | 78 |
shall be administered by the superintendent of financial | 79 |
institutions. | 80 |
(2) All provisions of law governing the superintendent of | 81 |
financial institutions shall apply to and govern the | 82 |
superintendent of financial institutions provided for in this | 83 |
section; all authority vested by law in the superintendent of | 84 |
financial institutions with respect to the management of the | 85 |
division of financial institutions shall be construed as vested in | 86 |
the superintendent of financial institutions created by this | 87 |
section with respect to the division of financial institutions | 88 |
provided for in this section; and all rights, privileges, and | 89 |
emoluments conferred by law upon the superintendent of financial | 90 |
institutions shall be construed as conferred upon the | 91 |
superintendent of financial institutions as head of the division | 92 |
of financial institutions. The director of commerce shall not | 93 |
transfer from the division of financial institutions any of the | 94 |
functions specified in division (C)(2) of this section. | 95 |
(D) There is hereby created in the department of commerce a | 96 |
division of liquor control, which shall have all powers and | 97 |
perform all duties vested by law in the superintendent of liquor | 98 |
control. Wherever powers are conferred or duties are imposed upon | 99 |
the superintendent of liquor control, those powers and duties | 100 |
shall be construed as vested in the division of liquor control. | 101 |
The division of liquor control shall be administered by the | 102 |
superintendent of liquor control. | 103 |
(E) The director of commerce shall not be interested, | 104 |
directly or indirectly, in any firm or corporation which is a | 105 |
dealer in securities as defined in sections 1707.01 and 1707.14 of | 106 |
the Revised Code, or in any firm or corporation licensed under | 107 |
sections 1321.01 to 1321.19 of the Revised Code. | 108 |
(F) The director of commerce shall not have any official | 109 |
connection with a savings and loan association, a savings bank, a | 110 |
bank, a bank holding company, a savings and loan association | 111 |
holding company, a consumer finance company, or a credit union | 112 |
that is under the supervision of the division of financial | 113 |
institutions, or a subsidiary of any of the preceding entities, or | 114 |
be interested in the business thereof. | 115 |
(G) There is hereby created in the state treasury the | 116 |
division of administration fund. The fund shall receive | 117 |
assessments on the operating funds of the department of commerce | 118 |
in accordance with procedures prescribed by the director of | 119 |
commerce and approved by the director of budget and management. | 120 |
All operating expenses of the division of administration shall be | 121 |
paid from the division of administration fund. | 122 |
(H) There is hereby created in the department of commerce a | 123 |
division of real estate and professional licensing, which shall be | 124 |
under the control and supervision of the director of commerce. The | 125 |
division of real estate and professional licensing shall be | 126 |
administered by the superintendent of real estate and professional | 127 |
licensing. The superintendent of real estate and professional | 128 |
licensing shall exercise the powers and perform the functions and | 129 |
duties delegated to the superintendent under Chapters 4735., | 130 |
4763., and 4767. of the Revised Code. | 131 |
(I) There is hereby created in the department of commerce a | 132 |
division of industrial compliance, which shall have all powers and | 133 |
perform all duties vested by law in the superintendent of | 134 |
industrial compliance. Wherever powers are conferred or duties | 135 |
imposed upon the superintendent of industrial compliance, those | 136 |
powers and duties shall be construed as vested in the division of | 137 |
industrial compliance. The division of industrial compliance shall | 138 |
be under the control and supervision of the director of commerce | 139 |
and be administered by the superintendent of industrial | 140 |
compliance. | 141 |
(J) There is hereby created in the department of commerce a | 142 |
division of unclaimed funds, which shall have all powers and | 143 |
perform all duties delegated to or vested by law in the | 144 |
superintendent of unclaimed funds. Wherever powers are conferred | 145 |
or duties imposed upon the superintendent of unclaimed funds, | 146 |
those powers and duties shall be construed as vested in the | 147 |
division of unclaimed funds. The division of unclaimed funds shall | 148 |
be under the control and supervision of the director of commerce | 149 |
and shall be administered by the superintendent of unclaimed | 150 |
funds. The superintendent of unclaimed funds shall exercise the | 151 |
powers and perform the functions and duties delegated to the | 152 |
superintendent by the director of commerce under section 121.07 | 153 |
and Chapter 169. of the Revised Code, and as may otherwise be | 154 |
provided by law. | 155 |
(K) The department of commerce or a division of the | 156 |
department created by the Revised Code that is acting with | 157 |
authorization on the department's behalf may request from the | 158 |
bureau of criminal identification and investigation pursuant to | 159 |
section 109.572 of the Revised Code, or coordinate with | 160 |
appropriate federal, state, and local government agencies to | 161 |
accomplish, criminal records checks for the persons whose | 162 |
identities are required to be disclosed by an applicant for the | 163 |
issuance or transfer of a permit, license, certificate of | 164 |
registration, or certification issued or transferred by the | 165 |
department or division. At or before the time of making a request | 166 |
for a criminal records check, the department or division may | 167 |
require any person whose identity is required to be disclosed by | 168 |
an applicant for the issuance or transfer of such a license, | 169 |
permit, certificate of registration, or certification to submit to | 170 |
the department or division valid fingerprint impressions in a | 171 |
format and by any media or means acceptable to the bureau of | 172 |
criminal identification and investigation and, when applicable, | 173 |
the federal bureau of investigation. The department or division | 174 |
may cause the bureau of criminal identification and investigation | 175 |
to conduct a criminal records check through the federal bureau of | 176 |
investigation only if the person for whom the criminal records | 177 |
check would be conducted resides or works outside of this state or | 178 |
has resided or worked outside of this state during the preceding | 179 |
five years, or if a criminal records check conducted by the bureau | 180 |
of criminal identification and investigation within this state | 181 |
indicates that the person may have a criminal record outside of | 182 |
this state. | 183 |
In the case of a criminal records check under section 109.572 | 184 |
of the Revised Code, the department or division shall forward to | 185 |
the bureau of criminal identification and investigation the | 186 |
requisite form, fingerprint impressions, and fee described in | 187 |
division (C) of that section. When requested by the department or | 188 |
division in accordance with this section, the bureau of criminal | 189 |
identification and investigation shall request from the federal | 190 |
bureau of investigation any information it has with respect to the | 191 |
person who is the subject of the requested criminal records check | 192 |
and shall forward the requisite fingerprint impressions and | 193 |
information to the federal bureau of investigation for that | 194 |
criminal records check. After conducting a criminal records check | 195 |
or receiving the results of a criminal records check from the | 196 |
federal bureau of investigation, the bureau of criminal | 197 |
identification and investigation shall provide the results to the | 198 |
department or division. | 199 |
The department or division may require any person about whom | 200 |
a criminal records check is requested to pay to the department or | 201 |
division the amount necessary to cover the fee charged to the | 202 |
department or division by the bureau of criminal identification | 203 |
and investigation under division (C)(3) of section 109.572 of the | 204 |
Revised Code, including, when applicable, any fee for a criminal | 205 |
records check conducted by the federal bureau of investigation. | 206 |
(L) The director of commerce, or the director's designee, may | 207 |
adopt rules to enhance compliance with statutes pertaining to, and | 208 |
rules adopted by, divisions under the direction, supervision, and | 209 |
control of the department or director by offering incentive-based | 210 |
programs that ensure safety and soundness while promoting growth | 211 |
and prosperity in the state. | 212 |
Sec. 122.136. The director of development services shall | 213 |
prepare and submit a report to the governor and the general | 214 |
assembly annually on or before the first day of | 215 |
the services and activities of the employee ownership assistance | 216 |
program for the preceding calendar year. The director shall | 217 |
include in the report information regarding the number, names, and | 218 |
locations of business establishments that have been or likely will | 219 |
be assisted as employee-owned corporations; recommendations on how | 220 |
to better operate the program; information regarding the | 221 |
effectiveness of the program in maintaining and improving | 222 |
employment in the state; and the number of individuals affected by | 223 |
the activities of the program. | 224 |
Sec. 122.21. In administering the urban and rural initiative | 225 |
grant program created under section 122.20 of the Revised Code, | 226 |
the director of development services shall do all of the | 227 |
following: | 228 |
(A) Annually designate, by the first day of January of each | 229 |
year, the entities that constitute the eligible areas in this | 230 |
state; | 231 |
(B) Adopt rules in accordance with Chapter 119. of the | 232 |
Revised Code establishing procedures and forms by which eligible | 233 |
applicants in eligible areas may apply for a grant, which | 234 |
procedures shall include a requirement that the applicant file a | 235 |
redevelopment plan; standards and procedures for reviewing | 236 |
applications and awarding grants; procedures for distributing | 237 |
grants to recipients; procedures for monitoring the use of grants | 238 |
by recipients; requirements, procedures, and forms by which | 239 |
recipients who have received grants shall report their use of that | 240 |
assistance; and standards and procedures for terminating and | 241 |
requiring repayment of grants in the event of their improper use. | 242 |
The rules adopted under this division shall comply with sections | 243 |
122.19 to 122.22 of the Revised Code and shall include a rule | 244 |
requiring that an eligible applicant who receives a grant from the | 245 |
program provide a matching contribution of at least twenty-five | 246 |
per cent of the amount of the grant awarded to the eligible | 247 |
applicant. | 248 |
The rules shall require that any eligible applicant for a | 249 |
grant for land acquisition demonstrate to the director that the | 250 |
property to be acquired meets all state environmental requirements | 251 |
and that utilities for that property are available and adequate. | 252 |
The rules shall require that any eligible applicant for a grant | 253 |
for property eligible for the voluntary action program created | 254 |
under Chapter 3746. of the Revised Code receive disbursement of | 255 |
grant moneys only after receiving a covenant not to sue from the | 256 |
director of environmental protection under section 3746.12 of the | 257 |
Revised Code and shall require that those moneys be disbursed only | 258 |
as reimbursement of actual expenses incurred in the undertaking of | 259 |
the voluntary action. The rules shall require that whenever any | 260 |
money is granted for land acquisition, infrastructure | 261 |
improvements, or renovation of existing structures in order to | 262 |
develop an industrial park site for a distressed area, labor | 263 |
surplus area, or situational distress area as defined in section | 264 |
122.19 of the Revised Code that also is a distressed area, labor | 265 |
surplus area, or situational distress area as defined in section | 266 |
122.23 of the Revised Code, a substantial portion of the site be | 267 |
used for manufacturing, distribution, high technology, research | 268 |
and development, or other businesses in which a majority of the | 269 |
product or service produced is exported out of the state. Any | 270 |
retail use at the site shall not constitute a primary use but only | 271 |
a use incidental to other eligible uses. The rules shall require | 272 |
that whenever any money is granted for land acquisition, | 273 |
infrastructure improvements, and renovation of existing structures | 274 |
in order to develop an industrial park site for a distressed area, | 275 |
labor surplus area, or situational distress area as defined in | 276 |
section 122.19 of the Revised Code that also is a distressed area, | 277 |
labor surplus area, or situational distress area as defined in | 278 |
section 122.23 of the Revised Code, the applicant for the grant | 279 |
shall verify to the
| 280 |
existence of a local economic development planning committee in a | 281 |
municipal corporation, county, or township whose territory | 282 |
includes the eligible area. The committee shall consist of members | 283 |
of the public and private sectors who live in that municipal | 284 |
corporation, county, or township. The local economic development | 285 |
planning committee shall prepare and submit to the | 286 |
agency a five-year economic development plan for that municipal | 287 |
corporation, county, or township that identifies, for the | 288 |
five-year period covered by the plan, the economic development | 289 |
strategies of a municipal corporation, county, or township whose | 290 |
territory includes the proposed industrial park site. The economic | 291 |
development plan shall describe in detail how the proposed | 292 |
industrial park would complement other current or planned economic | 293 |
development programs for that municipal corporation, county, or | 294 |
township, including, but not limited to, workforce development | 295 |
initiatives, business retention and expansion efforts, small | 296 |
business development programs, and technology modernization | 297 |
programs. | 298 |
(C) Report to the governor, president of the senate, speaker | 299 |
of the house of representatives, and minority leaders of the | 300 |
senate and the house of representatives by the | 301 |
of | 302 |
the program during the preceding calendar year. The report shall | 303 |
include the total number of grants made that year, and, for each | 304 |
individual grant awarded, the following: the amount and recipient, | 305 |
the eligible applicant, the purpose for awarding the grant, the | 306 |
number of firms or businesses operating at the awarded site, the | 307 |
number of employees employed by each firm or business, any excess | 308 |
capacity at an industrial park site, and any additional | 309 |
information the director declares to be relevant. | 310 |
(D) Inform local governments and others in the state of the | 311 |
availability of grants under section 122.20 of the Revised Code; | 312 |
(E) Annually compile, pursuant to rules adopted by the | 313 |
director of development services in accordance with Chapter 119. | 314 |
of the Revised Code, using pertinent information submitted by any | 315 |
municipal corporation, county, or township, a list of industrial | 316 |
parks located in the state. The list shall include the following | 317 |
information, expressed if possible in terms specified in the | 318 |
director's rules adopted under this division: location of each | 319 |
industrial park site, total acreage of each park site, total | 320 |
occupancy of each park site, total capacity for new business at | 321 |
each park site, total capacity of each park site for sewer, water, | 322 |
and electricity, a contact person for each park site, and any | 323 |
additional information the director declares to be relevant. Once | 324 |
the list is compiled, the director shall make it available to the | 325 |
governor, president of the senate, speaker of the house of | 326 |
representatives, and minority leaders of the senate and the house | 327 |
of representatives. | 328 |
Sec. 122.25. (A) In administering the program established | 329 |
under section 122.24 of the Revised Code, the director of | 330 |
development services shall do all of the following: | 331 |
(1) Annually designate, by the first day of January of each | 332 |
year, the entities that constitute the eligible areas in this | 333 |
state as defined in section 122.23 of the Revised Code; | 334 |
(2) Inform local governments and others in the state of the | 335 |
availability of the program and financial assistance established | 336 |
under sections 122.23 to 122.27 of the Revised Code; | 337 |
(3) Report to the governor, president of the senate, speaker | 338 |
of the house of representatives, and minority leaders of the | 339 |
senate and the house of representatives by the
| 340 |
of
| 341 |
the program during the preceding calendar year. The report shall | 342 |
include the number of loans made that year and the amount and | 343 |
recipient of each loan. | 344 |
(4) Work in conjunction with conventional lending | 345 |
institutions, local revolving loan funds, private investors, and | 346 |
other private and public financing sources to provide loans or | 347 |
loan guarantees to eligible applicants; | 348 |
(5) Establish fees, charges, interest rates, payment | 349 |
schedules, local match requirements, and other terms and | 350 |
conditions for loans and loan guarantees provided under the | 351 |
program; | 352 |
(6) Require each applicant to demonstrate the suitability of | 353 |
any site for the assistance sought; that the site has been | 354 |
surveyed, that the site has adequate or available utilities, and | 355 |
that there are no zoning restrictions, environmental regulations, | 356 |
or other matters impairing the use of the site for the purpose | 357 |
intended; | 358 |
(7) Require each applicant to provide a marketing plan and | 359 |
management strategy for the project; | 360 |
(8) Adopt rules establishing all of the following: | 361 |
(a) Forms and procedures by which eligible applicants may | 362 |
apply for assistance; | 363 |
(b) Criteria for reviewing, evaluating, and ranking | 364 |
applications, and for approving applications that best serve the | 365 |
goals of the program; | 366 |
(c) Reporting requirements and monitoring procedures; | 367 |
(d) Guidelines regarding situations in which industrial parks | 368 |
would be considered to compete against one another for the | 369 |
purposes of division (B)(2) of section 122.27 of the Revised Code; | 370 |
(e) Any other rules necessary to implement and administer the | 371 |
program. | 372 |
(B) The director may adopt rules establishing requirements | 373 |
governing the use of any industrial park site receiving assistance | 374 |
under section 122.24 of the Revised Code, such that a certain | 375 |
portion of the site must be used for manufacturing, distribution, | 376 |
high technology, research and development, or other businesses | 377 |
wherein a majority of the product or service produced is exported | 378 |
out of the state. | 379 |
(C) As a condition of receiving assistance under section | 380 |
122.24 of the Revised Code, and except as provided in division (D) | 381 |
of this section, an applicant shall agree, for a period of five | 382 |
years, not to permit the use of a site that is developed or | 383 |
improved with such assistance to cause the relocation of jobs to | 384 |
that site from elsewhere in the state. | 385 |
(D) A site developed or improved with assistance under | 386 |
section 122.24 of the Revised Code may be the site of jobs | 387 |
relocated from elsewhere in the state if the director of | 388 |
development services does all of the following: | 389 |
(1) Makes a written determination that the site from which | 390 |
the jobs would be relocated is inadequate to meet market or | 391 |
industry conditions, expansion plans, consolidation plans, or | 392 |
other business considerations affecting the relocating employer; | 393 |
(2) Provides a copy of the determination required by division | 394 |
(D)(1) of this section to the members of the general assembly | 395 |
whose legislative districts include the site from which the jobs | 396 |
would be relocated; | 397 |
(3) Determines that the governing body of the area from which | 398 |
the jobs would be relocated has been notified in writing by the | 399 |
relocating company of the possible relocation. | 400 |
(E) The director of development services shall obtain the | 401 |
approval of the controlling board for any loan or loan guarantee | 402 |
provided under sections 122.23 to 122.27 of the Revised Code. | 403 |
Sec. 122.37. (A) There is hereby created in the
| 404 |
405 | |
purpose of preserving and improving the existing industrial base | 406 |
of the state, improving the economy of the state by providing | 407 |
employment, increased productivity, and ensuring continued | 408 |
technological development consistent with these goals, and | 409 |
maintaining a high standard of living for the people of this | 410 |
state. The steel futures | 411 |
other enterprise assistance program administered by the director | 412 |
of development services, and shall be administered so as to | 413 |
provide financial and technical assistance to increase the | 414 |
competitiveness of existing steel and steel-related industries in | 415 |
this state, and to encourage establishment and development of new | 416 |
industries of this type within the state. | 417 |
| 418 |
419 | |
technical assistance to steel and steel-related industries in the | 420 |
state, which shall include investment policies with regard to | 421 |
these industries. | 422 |
(B) In administering the program, the director may consult | 423 |
with appropriate representatives of steel and steel-related | 424 |
industries, appropriate representatives of any union that | 425 |
represents workers in these industries, and other persons with | 426 |
expert knowledge in these industries. | 427 |
(C) The director of development services shall consult with | 428 |
the
| 429 |
foster development of public and private cooperative efforts that | 430 |
result in energy savings and reduced energy costs for steel and | 431 |
steel-related industries. | 432 |
(D) Assistance may be made available to steel and | 433 |
steel-related industries undertaking projects the director | 434 |
determines to have long-term implications for and broad | 435 |
applicability to the economy of this state when the director | 436 |
finds: | 437 |
(1) The undertaking of projects by the industries will | 438 |
benefit the people of the state by creating or preserving jobs and | 439 |
employment opportunities or improving the economic welfare of the | 440 |
people of this state, and promoting development of new technology | 441 |
or improving application of existing steel and steel-related | 442 |
technology. | 443 |
(2) The undertaking of projects by the industries will allow | 444 |
them to compete more effectively in the marketplace. | 445 |
(E) Projects eligible to receive assistance under the steel | 446 |
futures program may include, but are not limited to, the following | 447 |
areas: | 448 |
(1) Research and development specifically related to steel | 449 |
and steel-related industries and feasibility studies for business | 450 |
development within these industries; | 451 |
(2) Employee training; | 452 |
(3) Labor and management relations; and | 453 |
(4) Technology-driven capital investment. | 454 |
(F) Financial and technical assistance may be in the form and | 455 |
conditioned upon terms as the director considers appropriate. | 456 |
(G) No later than the | 457 |
458 | |
459 | |
director shall submit a report to the general assembly describing | 460 |
projects of the steel futures program, results obtained from | 461 |
completed projects of the program, and program projects for the | 462 |
next fiscal year. | 463 |
Sec. 122.64. (A) There is hereby established in the | 464 |
development services agency a business services division. The | 465 |
division shall be supervised by a deputy director appointed by the | 466 |
director of development services. | 467 |
The division is responsible for the administration of the | 468 |
state economic development financing programs established pursuant | 469 |
to sections 122.17 and 122.18, sections 122.39 and 122.41 to | 470 |
122.62, and Chapter 166. of the Revised Code. | 471 |
(B) The director of development services shall: | 472 |
(1) Receive applications for assistance pursuant to sections | 473 |
122.39 and 122.41 to 122.62 and Chapter 166. of the Revised Code. | 474 |
The director shall process the applications. | 475 |
(2) With the approval of the director of administrative | 476 |
services, establish salary schedules for employees of the various | 477 |
positions of employment with the division and assign the various | 478 |
positions to those salary schedules; | 479 |
(3) Employ and fix the compensation of financial consultants, | 480 |
appraisers, consulting engineers, superintendents, managers, | 481 |
construction and accounting experts, attorneys, and other agents | 482 |
for the assistance programs authorized pursuant to sections 122.17 | 483 |
and 122.18, sections 122.39 and 122.41 to 122.62, and Chapter 166. | 484 |
of the Revised Code as are necessary; | 485 |
(4) Supervise the administrative operations of the division; | 486 |
(5) On or before the first day of | 487 |
year, make an annual report of the activities and operations under | 488 |
assistance programs authorized pursuant to sections 122.39 and | 489 |
122.41 to 122.62 and Chapter 166. of the Revised Code for the | 490 |
preceding fiscal year to the governor and the general assembly. | 491 |
Each such report shall set forth a complete operating and | 492 |
financial statement covering such activities and operations during | 493 |
the year in accordance with generally accepted accounting | 494 |
principles and shall be audited by a certified public accountant. | 495 |
The director of development services shall transmit a copy of the | 496 |
audited financial report to the office of budget and management. | 497 |
Sec. 122.89. (A) The director of development services may | 498 |
execute bonds as surety for minority businesses as principals, on | 499 |
contracts with the state, any political subdivision or | 500 |
instrumentality thereof, or any person as the obligee. The | 501 |
director as surety may exercise all the rights and powers of a | 502 |
company authorized by the department of insurance to execute bonds | 503 |
as surety but shall not be subject to any requirements of a surety | 504 |
company under Title XXXIX of the Revised Code nor to any rules of | 505 |
the department of insurance. | 506 |
(B) The director, with the advice of the minority development | 507 |
financing advisory board, shall adopt rules under Chapter 119. of | 508 |
the Revised Code establishing procedures for application for | 509 |
surety bonds by minority businesses and for review and approval of | 510 |
applications. The board shall review each application in | 511 |
accordance with the rules and, based on the bond worthiness of | 512 |
each applicant, shall refer all qualified applicants to the | 513 |
director. Based on the recommendation of the board, the director | 514 |
shall determine whether or not the applicant shall receive | 515 |
bonding. | 516 |
(C) The rules of the board shall require the minority | 517 |
business to pay a premium in advance for the bond to be | 518 |
established by the director, with the advice of the board after | 519 |
the director receives advice from the superintendent of insurance | 520 |
regarding the standard market rates for premiums for similar | 521 |
bonds. All premiums paid by minority businesses shall be paid into | 522 |
the minority business bonding program administrative and loss | 523 |
reserve fund. | 524 |
(D) The rules of the board shall provide for a retainage of | 525 |
money paid to the minority business or EDGE business enterprise of | 526 |
fifteen per cent for a contract valued at more than fifty thousand | 527 |
dollars and for a retainage of twelve per cent for a contract | 528 |
valued at fifty thousand dollars or less. | 529 |
(E) The penal sum amounts of all outstanding bonds issued by | 530 |
the director shall not exceed the amount of moneys in the minority | 531 |
business bonding fund and available to the fund under division (B) | 532 |
of section 169.05 of the Revised Code. | 533 |
(F) The superintendent of insurance shall provide such | 534 |
technical and professional assistance as is considered necessary | 535 |
by the director, including providing advice regarding the standard | 536 |
market rates for bond premiums as described under division (C) of | 537 |
this section. | 538 |
(G) Notwithstanding any provision of the Revised Code to the | 539 |
contrary, a minority business or EDGE business enterprise may bid | 540 |
or enter into a contract with the state or with any | 541 |
instrumentality of the state without being required to provide a | 542 |
bond as follows: | 543 |
(1) For the first contract that a minority business or EDGE | 544 |
business enterprise enters into with the state or with any | 545 |
particular instrumentality of the state, the minority business or | 546 |
EDGE business enterprise may bid or enter into a contract valued | 547 |
at twenty-five thousand dollars or less without being required to | 548 |
provide a bond, but only if the minority business or EDGE business | 549 |
enterprise is participating in a qualified contractor assistance | 550 |
program or has successfully completed a qualified contractor | 551 |
assistance program after | 552 |
October 16, 2009; | 553 |
(2) After the state or any particular instrumentality of the | 554 |
state has accepted the first contract as completed and all | 555 |
subcontractors and suppliers on the contract have been paid, the | 556 |
minority business or EDGE business enterprise may bid or enter | 557 |
into a second contract with the state or with that particular | 558 |
instrumentality of the state valued at fifty thousand dollars or | 559 |
less without being required to provide a bond, but only if the | 560 |
minority business or EDGE business enterprise is participating in | 561 |
a qualified contractor assistance program or has successfully | 562 |
completed a qualified contractor assistance program after | 563 |
564 |
(3) After the state or any particular instrumentality of the | 565 |
state has accepted the second contract as completed and all | 566 |
subcontractors and suppliers on the contract have been paid, the | 567 |
minority business or EDGE business enterprise may bid or enter | 568 |
into a third contract with the state or with that particular | 569 |
instrumentality of the state valued at one hundred thousand | 570 |
dollars or less without being required to provide a bond, but only | 571 |
if the minority business or EDGE business enterprise has | 572 |
successfully completed a qualified contractor assistance program | 573 |
after | 574 |
(4) After the state or any particular instrumentality of the | 575 |
state has accepted the third contract as completed and all | 576 |
subcontractors and suppliers on the contract have been paid, the | 577 |
minority business or EDGE business enterprise may bid or enter | 578 |
into a fourth contract with the state or with that particular | 579 |
instrumentality of the state valued at three hundred thousand | 580 |
dollars or less without being required to provide a bond, but only | 581 |
if the minority business or EDGE business enterprise has | 582 |
successfully completed a qualified contractor assistance program | 583 |
after | 584 |
(5) After the state or any instrumentality of the state has | 585 |
accepted the fourth contract as completed and all subcontractors | 586 |
and suppliers on the contract have been paid, upon a showing that | 587 |
with respect to a contract valued at four hundred thousand dollars | 588 |
or less with the state or with any particular instrumentality of | 589 |
the state, that the minority business or EDGE business enterprise | 590 |
either has been denied a bond by two surety companies or that the | 591 |
minority business or EDGE business enterprise has applied to two | 592 |
surety companies for a bond and, at the expiration of sixty days | 593 |
after making the application, has neither received nor been denied | 594 |
a bond, the minority business or EDGE business enterprise may | 595 |
repeat its participation in the unbonded state contractor program. | 596 |
Under no circumstances shall a minority business or EDGE business | 597 |
enterprise be permitted to participate in the unbonded state | 598 |
contractor program more than twice. | 599 |
(H) Notwithstanding any provision of the Revised Code to the | 600 |
contrary, a minority business or EDGE business enterprise may bid | 601 |
or enter into a contract with any political subdivision of the | 602 |
state or with any instrumentality of a political subdivision | 603 |
without being required to provide a bond as follows: | 604 |
(1) For the first contract that the minority business or EDGE | 605 |
business enterprise enters into with any particular political | 606 |
subdivision of the state or with any particular instrumentality of | 607 |
a political subdivision, the minority business or EDGE business | 608 |
enterprise may bid or enter into a contract valued at twenty-five | 609 |
thousand dollars or less without being required to provide a bond, | 610 |
but only if the minority business or EDGE business enterprise is | 611 |
participating in a qualified contractor assistance program or has | 612 |
successfully completed a qualified contractor assistance program | 613 |
after | 614 |
(2) After any political subdivision of the state or any | 615 |
instrumentality of a political subdivision has accepted the first | 616 |
contract as completed and all subcontractors and suppliers on the | 617 |
contract have been paid, the minority business or EDGE business | 618 |
enterprise may bid or enter into a second contract with that | 619 |
particular political subdivision of the state or with that | 620 |
particular instrumentality of a political subdivision valued at | 621 |
fifty thousand dollars or less without being required to provide a | 622 |
bond, but only if the minority business or EDGE business | 623 |
enterprise is participating in a qualified contractor assistance | 624 |
program or has successfully completed a qualified contractor | 625 |
assistance program after | 626 |
October 16, 2009; | 627 |
(3) After any political subdivision of the state or any | 628 |
instrumentality of a political subdivision has accepted the second | 629 |
contract as completed and all subcontractors and suppliers on the | 630 |
contract have been paid, the minority business or EDGE business | 631 |
enterprise may bid or enter into a third contract with that | 632 |
particular political subdivision of the state or with that | 633 |
particular instrumentality of a political subdivision valued at | 634 |
one hundred thousand dollars or less without being required to | 635 |
provide a bond, but only if the minority business or EDGE business | 636 |
enterprise has successfully completed a qualified contractor | 637 |
assistance program after | 638 |
October 16, 2009; | 639 |
(4) After any political subdivision of the state or any | 640 |
instrumentality of a political subdivision has accepted the third | 641 |
contract as completed and all subcontractors and suppliers on the | 642 |
contract have been paid, the minority business or EDGE business | 643 |
enterprise may bid or enter into a fourth contract with that | 644 |
particular political subdivision of the state or with that | 645 |
particular instrumentality of a political subdivision valued at | 646 |
two hundred thousand dollars or less without being required to | 647 |
provide a bond, but only if the minority business or EDGE business | 648 |
enterprise has successfully completed a qualified contractor | 649 |
assistance program after | 650 |
October 16, 2009; | 651 |
(5) After any political subdivision of the state or any | 652 |
instrumentality of a political subdivision has accepted the fourth | 653 |
contract as completed and all subcontractors and suppliers on the | 654 |
contract have been paid, upon a showing that with respect to a | 655 |
contract valued at three hundred thousand dollars or less with any | 656 |
political subdivision of the state or any instrumentality of a | 657 |
political subdivision, that the minority business or EDGE business | 658 |
enterprise either has been denied a bond by two surety companies | 659 |
or that the minority business or EDGE business enterprise has | 660 |
applied to two surety companies for a bond and, at the expiration | 661 |
of sixty days after making the application, has neither received | 662 |
nor been denied a bond, the minority business or EDGE business | 663 |
enterprise may repeat its participation in the unbonded political | 664 |
subdivision contractor program. Under no circumstances shall a | 665 |
minority business or EDGE business enterprise be permitted to | 666 |
participate in the unbonded political subdivision contractor | 667 |
program more than twice. | 668 |
(I) Notwithstanding any provision of the Revised Code to the | 669 |
contrary, if a minority business or EDGE business enterprise has | 670 |
entered into two or more contracts with the state or with any | 671 |
instrumentality of the state, the minority business or EDGE | 672 |
business enterprise may bid or enter into a contract with a | 673 |
political subdivision of the state or with any instrumentality of | 674 |
a political subdivision valued at the level at which the minority | 675 |
business or EDGE business enterprise would qualify if entering | 676 |
into an additional contract with the state. | 677 |
(J) The director of development services shall coordinate and | 678 |
oversee the unbonded state contractor program described in | 679 |
division (G) of this section, the unbonded political subdivision | 680 |
contractor program described in division (H) of this section, and | 681 |
the approval of a qualified contractor assistance program. The | 682 |
director shall prepare an annual report and submit it to the | 683 |
governor and the general assembly on or before the first day of | 684 |
685 | |
director's activities for the preceding calendar year regarding | 686 |
the unbonded state contractor program, the unbonded political | 687 |
subdivision contractor program, and the qualified contractor | 688 |
assistance program; a summary and description of the operations | 689 |
and activities of these programs; an assessment of the | 690 |
achievements of these programs; and a recommendation as to whether | 691 |
these programs need to continue. | 692 |
(K) As used in this section: | 693 |
(1) "EDGE business enterprise" means an EDGE business | 694 |
enterprise certified under section 123.152 of the Revised Code. | 695 |
(2) "Qualified contractor assistance program" means an | 696 |
educational program or technical assistance program for business | 697 |
development that is designed to assist a minority business or EDGE | 698 |
business enterprise in becoming eligible for bonding and has been | 699 |
approved by the director of development services for use as | 700 |
required under this section. | 701 |
(3) "Successfully completed a qualified contractor assistance | 702 |
program" means the minority business or EDGE business enterprise | 703 |
completed such a program on or after | 704 |
705 |
(4) "Unbonded state contractor program" means the program | 706 |
described in division (G) of this section. | 707 |
(5) "Unbonded political subdivision contractor program" means | 708 |
the program described in division (H) of this section. | 709 |
Sec. 122.94. The director of development services shall: | 710 |
(A) Promulgate rules in accordance with Chapter 119. of the | 711 |
Revised Code for the conduct of the minority business development | 712 |
division's business and for carrying out the purposes of sections | 713 |
122.92 to 122.94 of the Revised Code; | 714 |
(B) Prepare an annual report to the governor and the general | 715 |
assembly on or before the first day of | 716 |
activities for the preceding calendar year. | 717 |
Sec. 122.941. (A) On or before the first day of | 718 |
August in each year, the director of development services shall | 719 |
make an annual report of the activities and operations under the | 720 |
assistance programs of the | 721 |
for the preceding fiscal year to the governor and general | 722 |
assembly. The annual report shall include a detailing of those | 723 |
grants, guarantees, loans, and other forms of state assistance to | 724 |
women-owned businesses. | 725 |
(B) As used in this section: | 726 |
(1) "Women-owned business" means any individual, partnership, | 727 |
corporation, or joint venture of any kind that is owned and | 728 |
controlled by women who are United States citizens and residents | 729 |
of this state. | 730 |
(2) "Owned and controlled" means that at least fifty-one per | 731 |
cent of the business, including corporate stock if it is a | 732 |
corporation, is owned by women and that such owners have control | 733 |
over the day-to-day operations of the business and an interest in | 734 |
the capital, assets, and profits and losses of the business | 735 |
proportionate to their percentage of ownership. In order to | 736 |
qualify as a women-owned business, a business shall have been | 737 |
owned by such owners at least one year. | 738 |
Sec. 127.14. The controlling board may, at the request of | 739 |
any state agency or the director of budget and management, | 740 |
authorize, with respect to the provisions of any appropriation | 741 |
act: | 742 |
(A) Transfers of all or part of an appropriation within but | 743 |
not between state agencies, except such transfers as the director | 744 |
of budget and management is authorized by law to make, provided | 745 |
that no transfer shall be made by the director for the purpose of | 746 |
effecting new or changed levels of program service not authorized | 747 |
by the general assembly; | 748 |
(B) Transfers of all or part of an appropriation from one | 749 |
fiscal year to another; | 750 |
(C) Transfers of all or part of an appropriation within or | 751 |
between state agencies made necessary by administrative | 752 |
reorganization or by the abolition of an agency or part of an | 753 |
agency; | 754 |
(D) Transfers of all or part of cash balances in excess of | 755 |
needs from any fund of the state to the general revenue fund or to | 756 |
such other fund of the state to which the money would have been | 757 |
credited in the absence of the fund from which the transfers are | 758 |
authorized to be made, except that the controlling board may not | 759 |
authorize such transfers from the accrued leave liability fund, | 760 |
auto registration distribution fund, local motor vehicle license | 761 |
tax fund, budget stabilization fund, building improvement fund, | 762 |
development bond retirement fund, facilities establishment fund, | 763 |
gasoline excise tax fund, general revenue fund, higher education | 764 |
improvement fund, highway improvement bond retirement fund, | 765 |
highway obligations bond retirement fund, highway capital | 766 |
improvement fund, highway operating fund, horse racing tax fund, | 767 |
improvements bond retirement fund, public library fund, liquor | 768 |
control fund, local government fund, local transportation | 769 |
improvement program fund, medicaid reserve fund, mental health | 770 |
facilities improvement fund, Ohio fairs fund, parks and recreation | 771 |
improvement fund, public improvements bond retirement fund, school | 772 |
district income tax fund, state agency facilities improvement | 773 |
fund, state and local government highway distribution fund, state | 774 |
highway safety fund, state lottery fund, undivided liquor permit | 775 |
fund, Vietnam conflict compensation bond retirement fund, | 776 |
volunteer fire fighters' dependents fund, waterways safety fund, | 777 |
wildlife fund, workers' compensation fund, or any fund not | 778 |
specified in this division that the director of budget and | 779 |
management determines to be a bond fund or bond retirement fund; | 780 |
(E) Transfers of all or part of those appropriations included | 781 |
in the emergency purposes account of the controlling board; | 782 |
(F) Temporary transfers of all or part of an appropriation or | 783 |
other moneys into and between existing funds, or new funds, as may | 784 |
be established by law when needed for capital outlays for which | 785 |
notes or bonds will be issued; | 786 |
(G) Transfer or release of all or part of an appropriation to | 787 |
a state agency requiring controlling board approval of such | 788 |
transfer or release as provided by law; | 789 |
(H) Temporary transfer of funds included in the emergency | 790 |
purposes appropriation of the controlling board. Such temporary | 791 |
transfers may be made subject to conditions specified by the | 792 |
controlling board at the time temporary transfers are authorized. | 793 |
No transfers shall be made under this division for the purpose of | 794 |
effecting new or changed levels of program service not authorized | 795 |
by the general assembly. | 796 |
As used in this section, "request" means an application by a | 797 |
state agency or the director of budget and management seeking some | 798 |
action by the controlling board. | 799 |
When authorizing the transfer of all or part of an | 800 |
appropriation under this section, the controlling board may | 801 |
authorize the transfer to an existing appropriation item and the | 802 |
creation of and transfer to a new appropriation item. | 803 |
Whenever there is a transfer of all or part of funds included | 804 |
in the emergency purposes appropriation by the controlling board, | 805 |
pursuant to division (E) of this section, the state agency or the | 806 |
director of budget and management receiving such transfer shall | 807 |
keep a detailed record of the use of the transferred funds. At the | 808 |
earliest scheduled meeting of the controlling board following the | 809 |
accomplishment of the purposes specified in the request originally | 810 |
seeking the transfer, or following the total expenditure of the | 811 |
transferred funds for the specified purposes, the state agency or | 812 |
the director of budget and management shall submit a report on the | 813 |
expenditure of such funds to the board. The portion of any | 814 |
appropriation so transferred which is not required to accomplish | 815 |
the purposes designated in the original request to the controlling | 816 |
board shall be returned to the proper appropriation of the | 817 |
controlling board at this time. | 818 |
Notwithstanding any provisions of law providing for the | 819 |
deposit of revenues received by a state agency to the credit of a | 820 |
particular fund in the state treasury, whenever there is a | 821 |
temporary transfer of funds included in the emergency purposes | 822 |
appropriation of the controlling board pursuant to division (H) of | 823 |
this section, revenues received by any state agency receiving such | 824 |
a temporary transfer of funds shall, as directed by the | 825 |
controlling board, be transferred back to the emergency purposes | 826 |
appropriation. | 827 |
The board may delegate to the director of budget and | 828 |
management authority to approve transfers among items of | 829 |
appropriation under division (A) of this section. | 830 |
Sec. 149.311. (A) As used in this section: | 831 |
(1) "Historic building" means a building, including its | 832 |
structural components, that is located in this state and that is | 833 |
either individually listed on the national register of historic | 834 |
places under 16 U.S.C. 470a, located in a registered historic | 835 |
district, and certified by the state historic preservation officer | 836 |
as being of historic significance to the district, or is | 837 |
individually listed as an historic landmark designated by a local | 838 |
government certified under 16 U.S.C. 470a(c). | 839 |
(2) "Qualified rehabilitation expenditures" means | 840 |
expenditures paid or incurred during the rehabilitation period, | 841 |
and before and after that period as determined under 26 U.S.C. 47, | 842 |
by an owner or qualified lessee of an historic building to | 843 |
rehabilitate the building. "Qualified rehabilitation expenditures" | 844 |
includes architectural or engineering fees paid or incurred in | 845 |
connection with the rehabilitation, and expenses incurred in the | 846 |
preparation of nomination forms for listing on the national | 847 |
register of historic places. "Qualified rehabilitation | 848 |
expenditures" does not include any of the following: | 849 |
(a) The cost of acquiring, expanding, or enlarging an | 850 |
historic building; | 851 |
(b) Expenditures attributable to work done to facilities | 852 |
related to the building, such as parking lots, sidewalks, and | 853 |
landscaping; | 854 |
(c) New building construction costs. | 855 |
(3) "Owner" of an historic building means a person holding | 856 |
the fee simple interest in the building. "Owner" does not include | 857 |
the state or a state agency, or any political subdivision as | 858 |
defined in section 9.23 of the Revised Code. | 859 |
(4) "Qualified lessee" means a person subject to a lease | 860 |
agreement for an historic building and eligible for the federal | 861 |
rehabilitation tax credit under 26 U.S.C. 47. "Qualified lessee" | 862 |
does not include the state or a state agency or political | 863 |
subdivision as defined in section 9.23 of the Revised Code. | 864 |
(5) "Certificate owner" means the owner or qualified lessee | 865 |
of an historic building to which a rehabilitation tax credit | 866 |
certificate was issued under this section. | 867 |
(6) "Registered historic district" means an historic district | 868 |
listed in the national register of historic places under 16 U.S.C. | 869 |
470a, an historic district designated by a local government | 870 |
certified under 16 U.S.C. 470a(c), or a local historic district | 871 |
certified under 36 C.F.R. 67.8 and 67.9. | 872 |
(7) "Rehabilitation" means the process of repairing or | 873 |
altering an historic building or buildings, making possible an | 874 |
efficient use while preserving those portions and features of the | 875 |
building and its site and environment that are significant to its | 876 |
historic, architectural, and cultural values. | 877 |
(8) "Rehabilitation period" means one of the following: | 878 |
(a) If the rehabilitation initially was not planned to be | 879 |
completed in stages, a period chosen by the owner or qualified | 880 |
lessee not to exceed twenty-four months during which | 881 |
rehabilitation occurs; | 882 |
(b) If the rehabilitation initially was planned to be | 883 |
completed in stages, a period chosen by the owner or qualified | 884 |
lessee not to exceed sixty months during which rehabilitation | 885 |
occurs. Each stage shall be reviewed as a phase of a | 886 |
rehabilitation as determined under 26 C.F.R. 1.48-12 or a | 887 |
successor to that section. | 888 |
(9) "State historic preservation officer" or "officer" means | 889 |
the state historic preservation officer appointed by the governor | 890 |
under 16 U.S.C. 470a. | 891 |
(B) The owner or qualified lessee of an historic building may | 892 |
apply to the director of development services for a rehabilitation | 893 |
tax credit certificate for qualified rehabilitation expenditures | 894 |
paid or incurred by such owner or qualified lessee after April 4, | 895 |
2007, for rehabilitation of an historic building. If the owner of | 896 |
an historic building enters a pass-through agreement with a | 897 |
qualified lessee for the purposes of the federal rehabilitation | 898 |
tax credit under 26 U.S.C. 47, the qualified rehabilitation | 899 |
expenditures paid or incurred by the owner after April 4, 2007, | 900 |
may be attributed to the qualified lessee. | 901 |
The form and manner of filing such applications shall be | 902 |
prescribed by rule of the director. Each application shall state | 903 |
the amount of qualified rehabilitation expenditures the applicant | 904 |
estimates will be paid or incurred. The director may require | 905 |
applicants to furnish documentation of such estimates. | 906 |
The director, after consultation with the tax commissioner | 907 |
and in accordance with Chapter 119. of the Revised Code, shall | 908 |
adopt rules that establish all of the following: | 909 |
(1) Forms and procedures by which applicants may apply for | 910 |
rehabilitation tax credit certificates; | 911 |
(2) Criteria for reviewing, evaluating, and approving | 912 |
applications for certificates within the limitations under | 913 |
division (D) of this section, criteria for assuring that the | 914 |
certificates issued encompass a mixture of high and low qualified | 915 |
rehabilitation expenditures, and criteria for issuing certificates | 916 |
under division (C)(3)(b) of this section; | 917 |
(3) Eligibility requirements for obtaining a certificate | 918 |
under this section; | 919 |
(4) The form of rehabilitation tax credit certificates; | 920 |
(5) Reporting requirements and monitoring procedures; | 921 |
(6) Procedures and criteria for conducting cost-benefit | 922 |
analyses of historic buildings that are the subjects of | 923 |
applications filed under this section. The purpose of a | 924 |
cost-benefit analysis shall be to determine whether rehabilitation | 925 |
of the historic building will result in a net revenue gain in | 926 |
state and local taxes once the building is used. | 927 |
(7) Any other rules necessary to implement and administer | 928 |
this section. | 929 |
(C) The director of development services shall review the | 930 |
applications with the assistance of the state historic | 931 |
preservation officer and determine whether all of the following | 932 |
criteria are met: | 933 |
(1) That the building that is the subject of the application | 934 |
is an historic building and the applicant is the owner or | 935 |
qualified lessee of the building; | 936 |
(2) That the rehabilitation will satisfy standards prescribed | 937 |
by the United States secretary of the interior under 16 U.S.C. | 938 |
470, et seq., as amended, and 36 C.F.R. 67.7 or a successor to | 939 |
that section; | 940 |
(3) That receiving a rehabilitation tax credit certificate | 941 |
under this section is a major factor in: | 942 |
(a) The applicant's decision to rehabilitate the historic | 943 |
building; or | 944 |
(b) To increase the level of investment in such | 945 |
rehabilitation. | 946 |
An applicant shall demonstrate to the satisfaction of the | 947 |
state historic preservation officer and director of development | 948 |
services that the rehabilitation will satisfy the standards | 949 |
described in division (C)(2) of this section before the applicant | 950 |
begins the physical rehabilitation of the historic building. | 951 |
(D)(1) If the director of development services determines | 952 |
that an application meets the criteria in divisions (C)(1), (2), | 953 |
and (3) of this section, the director shall conduct a cost-benefit | 954 |
analysis for the historic building that is the subject of the | 955 |
application to determine whether rehabilitation of the historic | 956 |
building will result in a net revenue gain in state and local | 957 |
taxes once the building is used. The director shall consider the | 958 |
results of the cost-benefit analysis in determining whether to | 959 |
approve the application. The director shall also consider the | 960 |
potential economic impact and the regional distributive balance of | 961 |
the credits throughout the state. The director may approve an | 962 |
application only after completion of the cost-benefit analysis. | 963 |
(2) A rehabilitation tax credit certificate shall not be | 964 |
issued for an amount greater than the estimated amount furnished | 965 |
by the applicant on the application for such certificate and | 966 |
approved by the director. The director shall not approve more than | 967 |
a total of sixty million dollars of rehabilitation tax credits per | 968 |
fiscal year but the director may reallocate unused tax credits | 969 |
from a prior fiscal year for new applicants and such reallocated | 970 |
credits shall not apply toward the dollar limit of this division. | 971 |
(3) For rehabilitations with a rehabilitation period not | 972 |
exceeding twenty-four months as provided in division (A) | 973 |
of this section, a rehabilitation tax credit certificate shall not | 974 |
be issued before the rehabilitation of the historic building is | 975 |
completed. | 976 |
(4) For rehabilitations with a rehabilitation period not | 977 |
exceeding sixty months as provided in division (A) | 978 |
this section, a rehabilitation tax credit certificate shall not be | 979 |
issued before a stage of rehabilitation is completed. After all | 980 |
stages of rehabilitation are completed, if the director cannot | 981 |
determine that the criteria in division (C) of this section are | 982 |
satisfied for all stages of rehabilitations, the director shall | 983 |
certify this finding to the tax commissioner, and any | 984 |
rehabilitation tax credits received by the applicant shall be | 985 |
repaid by the applicant and may be collected by assessment as | 986 |
unpaid tax by the commissioner. | 987 |
(5) The director of development services shall require the | 988 |
applicant to provide a third-party cost certification by a | 989 |
certified public accountant of the actual costs attributed to the | 990 |
rehabilitation of the historic building when qualified | 991 |
rehabilitation expenditures exceed two hundred thousand dollars. | 992 |
If an applicant whose application is approved for receipt of | 993 |
a rehabilitation tax credit certificate fails to provide to the | 994 |
director sufficient evidence of reviewable progress, including a | 995 |
viable financial plan, copies of final construction drawings, and | 996 |
evidence that the applicant has obtained all historic approvals | 997 |
within twelve months after the date the applicant received | 998 |
notification of approval, and if the applicant fails to provide | 999 |
evidence to the director that the applicant has secured and closed | 1000 |
on financing for the rehabilitation within eighteen months after | 1001 |
receiving notification of approval, the director may rescind the | 1002 |
approval of the application. The director shall notify the | 1003 |
applicant if the approval has been rescinded. Credits that would | 1004 |
have been available to an applicant whose approval was rescinded | 1005 |
shall be available for other qualified applicants. Nothing in this | 1006 |
division prohibits an applicant whose approval has been rescinded | 1007 |
from submitting a new application for a rehabilitation tax credit | 1008 |
certificate. | 1009 |
(E) Issuance of a certificate represents a finding by the | 1010 |
director of development services of the matters described in | 1011 |
divisions (C)(1), (2), and (3) of this section only; issuance of a | 1012 |
certificate does not represent a verification or certification by | 1013 |
the director of the amount of qualified rehabilitation | 1014 |
expenditures for which a tax credit may be claimed under section | 1015 |
5725.151, 5725.34, 5726.52, 5729.17, 5733.47, or 5747.76 of the | 1016 |
Revised Code. The amount of qualified rehabilitation expenditures | 1017 |
for which a tax credit may be claimed is subject to inspection and | 1018 |
examination by the tax commissioner or employees of the | 1019 |
commissioner under section 5703.19 of the Revised Code and any | 1020 |
other applicable law. Upon the issuance of a certificate, the | 1021 |
director shall certify to the tax commissioner, in the form and | 1022 |
manner requested by the tax commissioner, the name of the | 1023 |
applicant, the amount of qualified rehabilitation expenditures | 1024 |
shown on the certificate, and any other information required by | 1025 |
the rules adopted under this section. | 1026 |
(F)(1) On or before the first day of | 1027 |
the director of development services and tax commissioner jointly | 1028 |
shall submit to the president of the senate and the speaker of the | 1029 |
house of representatives a report on the tax credit program | 1030 |
established under this section and sections 5725.151, 5725.34, | 1031 |
5726.52, 5729.17, 5733.47, and 5747.76 of the Revised Code. The | 1032 |
report shall present an overview of the program and shall include | 1033 |
information on the number of rehabilitation tax credit | 1034 |
certificates issued under this section during the preceding fiscal | 1035 |
year, an update on the status of each historic building for which | 1036 |
an application was approved under this section, the dollar amount | 1037 |
of the tax credits granted under sections 5725.151, 5725.34, | 1038 |
5726.52, 5729.17, 5733.47, and 5747.76 of the Revised Code, and | 1039 |
any other information the director and commissioner consider | 1040 |
relevant to the topics addressed in the report. | 1041 |
(2) On or before December 1, 2015, the director of | 1042 |
development services and tax commissioner jointly shall submit to | 1043 |
the president of the senate and the speaker of the house of | 1044 |
representatives a comprehensive report that includes the | 1045 |
information required by division (F)(1) of this section and a | 1046 |
detailed analysis of the effectiveness of issuing tax credits for | 1047 |
rehabilitating historic buildings. The report shall be prepared | 1048 |
with the assistance of an economic research organization jointly | 1049 |
chosen by the director and commissioner. | 1050 |
(G) There is hereby created in the state treasury the | 1051 |
historic rehabilitation tax credit operating fund. The director of | 1052 |
development services is authorized to charge reasonable | 1053 |
application and other fees in connection with the administration | 1054 |
of tax credits authorized by this section and sections 5725.151, | 1055 |
5725.34, 5726.52, 5729.17, | 1056 |
Revised Code. Any such fees collected shall be credited to the | 1057 |
fund and used to pay reasonable costs incurred by the department | 1058 |
of development services in administering this section and sections | 1059 |
5725.151, 5725.34, 5726.52, 5729.17, | 1060 |
of the Revised Code. | 1061 |
The Ohio historic preservation office is authorized to charge | 1062 |
reasonable fees in connection with its review and approval of | 1063 |
applications under this section. Any such fees collected shall be | 1064 |
credited to the fund and used to pay administrative costs incurred | 1065 |
by the Ohio historic preservation office pursuant to this section. | 1066 |
Sec. 150.10. (A) On the first day of January of the second | 1067 |
year after the date of entering into an agreement under section | 1068 |
150.05 of the Revised Code and on the first day of August of each | 1069 |
ensuing year, the authority shall file with the clerk of the house | 1070 |
of representatives, the clerk of the senate, and the chairpersons | 1071 |
of the house and senate standing committees predominantly | 1072 |
concerned with economic development a written report on the Ohio | 1073 |
venture capital program. The report shall include all the | 1074 |
following: | 1075 |
(1) A description of the details of the investment policy | 1076 |
established or modified in accordance with sections 150.03 and | 1077 |
150.04 of the Revised Code; | 1078 |
(2) The authority's assessment of the program's achievement | 1079 |
of its purpose stated in section 150.01 of the Revised Code; | 1080 |
(3) The value of tax credit certificates issued by the | 1081 |
authority under section 150.07 of the Revised Code in each fiscal | 1082 |
year ending on or before the preceding thirtieth day of June; | 1083 |
(4) The amount of tax credits claimed pursuant to section | 1084 |
5707.031, 5725.19, 5726.53, 5727.241, 5729.08, 5733.49, or 5747.80 | 1085 |
of the Revised Code, as to the respective taxes involved; | 1086 |
(5) The financial status of the Ohio venture capital fund; | 1087 |
(6) The names of venture capital funds in which money from | 1088 |
the program fund has been invested and the locations of their | 1089 |
principal offices, and the names of the enterprises in which each | 1090 |
of those venture capital funds has invested such money and the | 1091 |
locations of those enterprises' principal offices; | 1092 |
(7) Any recommendations for modifying the program to better | 1093 |
achieve the purpose stated in section 150.01 of the Revised Code. | 1094 |
(B) During each year that a report is issued under division | 1095 |
(A) of this section, the chairperson of the authority, or another | 1096 |
member of the authority designated by the chairperson as the | 1097 |
authority's representative, shall be required to appear in person | 1098 |
before the standing committees of the house and senate | 1099 |
predominantly concerned with economic development to give | 1100 |
testimony concerning the status of the Ohio venture capital | 1101 |
program. | 1102 |
Sec. 166.13. (A) Prior to entering into each agreement to | 1103 |
provide innovation financial assistance under sections 166.12, | 1104 |
166.15, and 166.16 of the Revised Code, the director of | 1105 |
development services shall determine whether the assistance will | 1106 |
conform to the requirements of sections 166.12 to 166.16 of the | 1107 |
Revised Code. Such determination, and the facts upon which it is | 1108 |
based, shall be set forth by the director in submissions made to | 1109 |
the controlling board when the director seeks a release of moneys | 1110 |
under section 166.12 of the Revised Code. An agreement to provide | 1111 |
assistance under sections 166.12, 166.15, and 166.16 of the | 1112 |
Revised Code shall set forth the determination, which shall be | 1113 |
conclusive for purposes of the validity and enforceability of the | 1114 |
agreement and any innovation loan guarantees, innovation loans, or | 1115 |
other agreements entered into pursuant to the agreement to provide | 1116 |
innovation financial assistance. | 1117 |
(B) Whenever a person applies for innovation financial | 1118 |
assistance under sections 166.12, 166.15, and 166.16 of the | 1119 |
Revised Code and the eligible innovation project for which | 1120 |
innovation financial assistance is requested is to relocate an | 1121 |
eligible innovation project that is currently being operated by | 1122 |
the person and that is located in another county, municipal | 1123 |
corporation, or township, the | 1124 |
written notification to the appropriate local governmental bodies | 1125 |
and state officials. The | 1126 |
1127 |
| 1128 |
1129 |
| 1130 |
1131 | |
1132 |
| 1133 |
1134 | |
director may not enter into an agreement to provide innovation | 1135 |
financial assistance until the director determines that the | 1136 |
appropriate local government bodies and state officials have been | 1137 |
notified. | 1138 |
(C) As used in division (B) of this section: | 1139 |
(1) "Appropriate local governmental bodies" means: | 1140 |
(a) The boards of county commissioners or legislative | 1141 |
authorities of the county in which the project for which | 1142 |
innovation financial assistance is requested is located and of the | 1143 |
county in which the eligible innovation project to be replaced is | 1144 |
located; | 1145 |
(b) The legislative authority of the municipal corporation or | 1146 |
the board of township trustees of the township in which the | 1147 |
eligible innovation project for which innovation financial | 1148 |
assistance is requested is located; and | 1149 |
(c) The legislative authority of the municipal corporation or | 1150 |
the board of township trustees of the township in which the | 1151 |
eligible innovation project to be replaced is located. | 1152 |
(2) "State officials" means: | 1153 |
(a) The state representative and state senator in whose | 1154 |
districts the project for which innovation financial assistance is | 1155 |
requested is located; | 1156 |
(b) The state representative and state senator in whose | 1157 |
districts the innovation project to be replaced is located. | 1158 |
Sec. 166.18. (A) Prior to entering into each agreement to | 1159 |
provide research and development financial assistance, the | 1160 |
director of development services shall determine whether the | 1161 |
assistance will conform to the requirements of sections 166.17 to | 1162 |
166.21, 5733.352, and 5747.331 of the Revised Code. Such | 1163 |
determination, and the facts upon which it is based, shall be set | 1164 |
forth by the director in submissions made to the controlling board | 1165 |
when the director seeks a release of moneys under section 166.17 | 1166 |
of the Revised Code. An agreement to provide research and | 1167 |
development financial assistance under section 166.17 or 166.21 of | 1168 |
the Revised Code shall set forth the determination, which shall be | 1169 |
conclusive for purposes of the validity and enforceability of the | 1170 |
agreement, and any loans or other agreements entered into pursuant | 1171 |
to the agreement, to provide research and development financial | 1172 |
assistance. | 1173 |
(B) Whenever a person applies for research and development | 1174 |
financial assistance, and the eligible research and development | 1175 |
project for which that assistance is requested is to relocate an | 1176 |
eligible research and development project that is currently being | 1177 |
operated by the person and that is located in another county, | 1178 |
municipal corporation, or township within the state, the | 1179 |
person shall provide written notification to the appropriate local | 1180 |
governmental bodies and state officials. The | 1181 |
1182 |
| 1183 |
1184 |
| 1185 |
1186 | |
1187 |
| 1188 |
1189 | |
1190 | |
enter into an agreement to provide research and development | 1191 |
financial assistance until the director determines that the | 1192 |
appropriate local government bodies and state officials have been | 1193 |
notified. | 1194 |
(C) As used in division (B) of this section: | 1195 |
(1) "Appropriate local governmental bodies" means all of the | 1196 |
following: | 1197 |
(a) The board of county commissioners of or legislative | 1198 |
authorities of special districts in the county in which the | 1199 |
eligible research and development project for which research and | 1200 |
development financial assistance is requested is located and of | 1201 |
the county in which the project will be located; | 1202 |
(b) The legislative authority of the municipal corporation or | 1203 |
the board of township trustees of the township in which the | 1204 |
eligible research and development project for which research and | 1205 |
development financial assistance is requested is located and of | 1206 |
the municipal corporation or township in which the project will be | 1207 |
located. | 1208 |
(2) "State officials" means both of the following: | 1209 |
(a) The state representative and state senator in whose | 1210 |
district the eligible research and development project for which | 1211 |
research and development financial assistance is requested is | 1212 |
located; | 1213 |
(b) The state representative and state senator in whose | 1214 |
district the eligible research and development project will be | 1215 |
located. | 1216 |
Sec. 184.02. (A) In addition to the powers and duties under | 1217 |
sections 184.10 to 184.20 and 184.37 of the Revised Code, the | 1218 |
third frontier commission may perform any act to ensure the | 1219 |
performance of any function necessary or appropriate to carry out | 1220 |
the purposes of, and exercise the powers granted under, sections | 1221 |
184.01 and 184.02 of the Revised Code. In addition, the commission | 1222 |
may do any of the following: | 1223 |
(1) Adopt, amend, and rescind rules under section 111.15 of | 1224 |
the Revised Code for the administration of any aspect of its | 1225 |
operations; | 1226 |
(2) Adopt bylaws governing its operations, including bylaws | 1227 |
that establish procedures and set policies as may be necessary to | 1228 |
assist with the furtherance of its purposes; | 1229 |
(3) Appoint and set the compensation of employees needed to | 1230 |
carry out its duties; | 1231 |
(4) Contract with, retain the services of, or designate, and | 1232 |
fix the compensation of, such financial consultants, accountants, | 1233 |
other consultants and advisors, and other independent contractors | 1234 |
as may be necessary or desirable to carry out its duties; | 1235 |
(5) Solicit input and comments from the third frontier | 1236 |
advisory board, and specialized industry, professional, and other | 1237 |
relevant interest groups concerning its purposes; | 1238 |
(6) Facilitate alignment of the state's science and | 1239 |
technology programs and activities; | 1240 |
(7) Make grants and loans to individuals, public agencies, | 1241 |
private companies or organizations, or joint ventures for any of | 1242 |
the broad range of activities related to its purposes. | 1243 |
(B) In addition to the powers and duties under sections | 1244 |
184.10 to 184.20 and 184.37 of the Revised Code, the commission | 1245 |
shall do all of the following: | 1246 |
(1) Establish a competitive process for the award of grants | 1247 |
and loans that is designed to fund the most meritorious proposals | 1248 |
and, when appropriate, provide for peer review of proposals; | 1249 |
(2) | 1250 |
before the first day of August of each year, submit to the | 1251 |
governor and the general assembly a report of the activities of | 1252 |
the commission during the preceding fiscal year; | 1253 |
(3) With specific application to the biomedical research and | 1254 |
technology transfer trust fund, periodically make strategic | 1255 |
assessments of the types of state investments in biomedical | 1256 |
research and biotechnology in the state that would likely create | 1257 |
jobs and business opportunities in the state and produce the most | 1258 |
beneficial long-term improvements to the public health of Ohioans, | 1259 |
including, but not limited to, biomedical research and | 1260 |
biotechnology initiatives that address tobacco-related illnesses | 1261 |
as may be outlined in any master agreement. The commission shall | 1262 |
award grants and loans from the fund pursuant to a process | 1263 |
established under division (B)(1) of this section. | 1264 |
Sec. 1551.34. On or before the | 1265 |
1266 | |
1267 | |
established under section 1551.32 of the Revised Code shall submit | 1268 |
to the governor and the general assembly an Ohio coal development | 1269 |
agenda. Prior to each submission, the office shall solicit public | 1270 |
comment on the agenda to give interested parties an opportunity to | 1271 |
comment on the agenda. The director shall consider any public | 1272 |
comments received prior to the agenda's submission. The agenda | 1273 |
shall include, but is not limited to, all of the following: | 1274 |
(A) A characterization of Ohio coal, constraints on its | 1275 |
maximum use, and opportunities for overcoming those constraints; | 1276 |
(B) A characterization of the current and potential markets | 1277 |
for Ohio coal, constraints on increased market demand for it, and | 1278 |
opportunities for overcoming those constraints; | 1279 |
(C) Identification of each of the office's programs and its | 1280 |
correspondence to the purposes of the office; | 1281 |
(D) A description of the office's current projects that | 1282 |
includes the status of each project and a specific description of | 1283 |
the office's activities in all of the following areas: | 1284 |
(1) Commercialization of available technology; | 1285 |
(2) Marketplace adoption of that technology; | 1286 |
(3) Enhancement of user markets for Ohio coal. | 1287 |
(E) The types of projects to be funded in the succeeding | 1288 |
biennium; | 1289 |
(F) Anticipated expenditures for, the relative priority of, | 1290 |
and the potential benefits of each type of project to be funded in | 1291 |
the succeeding biennium; | 1292 |
(G) The results obtained from completed projects and | 1293 |
dissemination of those results; | 1294 |
(H) A fiscal report of the office's activities under sections | 1295 |
1551.30 to 1551.35 and Chapter 1555. of the Revised Code during | 1296 |
the preceding biennium; | 1297 |
(I) The criteria used to select the office's specific types | 1298 |
of projects. The criteria shall consider all of the following: | 1299 |
(1) A project's relationship to and support of the office's | 1300 |
purposes; | 1301 |
(2) The technology involved, its applicability to Ohio coal, | 1302 |
and its potential rate and probability of marketplace adoption; | 1303 |
(3) The commercial readiness of a project's facility, | 1304 |
technology, or equipment; | 1305 |
(4) The cost and relative risk to the state and the | 1306 |
participation of other investors or interested parties in a | 1307 |
project's financing; | 1308 |
(5) The likelihood that results of a project would not be | 1309 |
achieved in the absence of the office's assistance. | 1310 |
Sec. 3333.91. Not later than December 31, 2014, the | 1311 |
governor's office of workforce transformation, in collaboration | 1312 |
with the chancellor of the Ohio board of regents, the | 1313 |
superintendent of public instruction, and the department of job | 1314 |
and family services, shall develop and submit to the appropriate | 1315 |
federal agency a single, state unified plan for the adult basic | 1316 |
and literacy education program administered by the United States | 1317 |
secretary of education, the "Carl D. Perkins Vocational and | 1318 |
Technical Education Act," 20 U.S.C. 2301, et seq., as amended, and | 1319 |
the "Workforce Investment Act of 1998," 29 U.S.C. 2801, et seq., | 1320 |
as amended. Following the plan's initial submission to the | 1321 |
appropriate federal agency, the governor's office of workforce | 1322 |
transformation may update it as necessary. If the plan is updated, | 1323 |
the governor's office of workforce transformation shall submit the | 1324 |
updated plan to the appropriate federal agency. | 1325 |
Sec. 3731.02. (A) The state fire marshal shall make such | 1326 |
rules as are necessary to carry out this chapter, which shall | 1327 |
include, but are not limited to, rules establishing requirements | 1328 |
to renew a license issued under this chapter and fees for | 1329 |
licensure and renewal and for inspections of hotels. Except as | 1330 |
provided in division (G) of section 3731.12 of the Revised Code, | 1331 |
the state fire marshal and the assistant state fire marshals shall | 1332 |
enforce this chapter. | 1333 |
(B) Except as otherwise provided in this division and | 1334 |
divisions (C) and (D) of this section, the board of building | 1335 |
standards shall adopt, pursuant to section 3781.10 of the Revised | 1336 |
Code, rules that specify that the building code standards for SRO | 1337 |
facilities shall be use group R-2. Any facility operating prior to | 1338 |
October 16, 1996, in the nature of an SRO facility that met the | 1339 |
building code standards for an SRO facility prior to that date, | 1340 |
whether previously licensed as a hotel or not, and after October | 1341 |
16, 1996, licensed as an SRO facility under section 3731.03 of the | 1342 |
Revised Code, shall be permitted under the rules to have a | 1343 |
building code standard of either use group R-1 or use group R-2 if | 1344 |
the facility meets the requirements for those use groups as | 1345 |
specified in the Ohio building code adopted pursuant to section | 1346 |
3781.10 of the Revised Code. The requirements of this division | 1347 |
apply to an SRO facility that holds a license as an SRO facility | 1348 |
on | 1349 |
any of the following events occur on or after | 1350 |
1351 |
(1) The owner of the SRO facility constructs or alters the | 1352 |
facility. | 1353 |
(2) The owner of the SRO facility surrenders the license | 1354 |
issued to that facility. | 1355 |
(3) The owner of the SRO facility changes the use or | 1356 |
occupancy of that facility. | 1357 |
(4) The license issued to that SRO facility under this | 1358 |
chapter is revoked or is not renewed. | 1359 |
(C) If any of the events described in divisions (B)(1) to (4) | 1360 |
of this section occur, the owner of the structure shall comply | 1361 |
with division (D) of this section to obtain a new license to | 1362 |
operate as an SRO facility. | 1363 |
(D) Beginning on | 1364 |
September 12, 2008, the state fire marshal shall not issue a new | 1365 |
license to operate a facility as an SRO facility, and shall not | 1366 |
renew such a license issued under this division, unless the SRO | 1367 |
facility is constructed providing individual sleeping rooms for | 1368 |
each guest; has, on a per-room or a communal basis within each | 1369 |
building to be licensed as an SRO facility, permanent provisions | 1370 |
for living, eating, cooking, and sanitation; and is constructed in | 1371 |
accordance with the requirements specified for SRO facilities and | 1372 |
is approved by the building official having jurisdiction over that | 1373 |
facility to be an SRO facility. An SRO facility subject to this | 1374 |
division shall only operate with, and shall properly maintain, | 1375 |
individual sleeping rooms for each guest and shall only operate | 1376 |
with, and shall properly maintain, on a per-room or communal | 1377 |
basis, permanent provisions available to all guests for living, | 1378 |
eating, cooking, and sanitation. | 1379 |
(E) The state fire marshal may, pursuant to division (A) of | 1380 |
this section, adopt rules establishing a fire code and sanitary | 1381 |
standards compliance incentive program for persons required to | 1382 |
procure a license for a hotel under section 3731.03 of the Revised | 1383 |
Code. The rules may include provisions for the creation of a "Safe | 1384 |
Stay Hotel" designation by the state fire marshal, the standards a | 1385 |
licensed hotel must meet to achieve and maintain that designation, | 1386 |
the procedures the state fire marshal shall use to publish and | 1387 |
maintain a registry of hotels receiving that designation, and any | 1388 |
monetary incentives offered by the state fire marshal to encourage | 1389 |
a licensed hotel to achieve and maintain that designation. At a | 1390 |
minimum, no hotel may be designated as a "Safe Stay Hotel" or | 1391 |
maintain such a designation unless it meets the fire code and | 1392 |
sanitary compliance standards established pursuant to this section | 1393 |
for a continuous period of at least twenty-four months. | 1394 |
Nothing in this division shall be construed to limit the | 1395 |
power of this state, the department of commerce, the state fire | 1396 |
marshal, or any other political subdivision of the state to | 1397 |
administer and enforce any other sections of this chapter or any | 1398 |
other applicable laws, rules, and regulations. Nothing in this | 1399 |
division shall be construed to require the state fire marshal to | 1400 |
designate a hotel as a "Safe Stay Hotel" or require the state fire | 1401 |
marshal to award a monetary incentive to a hotel in any manner | 1402 |
that is inconsistent or in conflict with the rules adopted under | 1403 |
this section or any other applicable laws, rules, or regulations. | 1404 |
Sec. 4740.06. (A) Any individual who applies for a license | 1405 |
shall file a written application with the appropriate section of | 1406 |
the Ohio construction industry licensing board, accompanied with | 1407 |
the application fee as determined pursuant to section 4740.09 of | 1408 |
the Revised Code. The individual shall file the application not | 1409 |
more than sixty days nor less than thirty days prior to the date | 1410 |
of the examination. The application shall be on the form the | 1411 |
section prescribes and verified by the applicant's oath. The | 1412 |
applicant shall provide information satisfactory to the section | 1413 |
showing that the applicant meets the requirements of division (B) | 1414 |
of this section. | 1415 |
(B) To qualify to take an examination, an individual shall: | 1416 |
(1) Be at least eighteen years of age; | 1417 |
(2) Be a United States citizen or legal alien who produces | 1418 |
valid documentation to demonstrate the individual is a legal | 1419 |
resident of the United States; | 1420 |
(3) Either have been a tradesperson in the type of licensed | 1421 |
trade for which the application is filed for not less than five | 1422 |
years immediately prior to the date the application is filed, be a | 1423 |
currently registered engineer in this state with three years of | 1424 |
business experience in the construction industry in the trade for | 1425 |
which the engineer is applying to take an examination, or have | 1426 |
other experience acceptable to the appropriate section of the | 1427 |
board; | 1428 |
(4) Maintain contractor's liability insurance, including | 1429 |
without limitation, complete operations coverage, in an amount the | 1430 |
appropriate section of the board determines; | 1431 |
(5) Not have done any of the following: | 1432 |
(a) Been convicted of or pleaded guilty to a crime of moral | 1433 |
turpitude or a disqualifying offense as those terms are defined in | 1434 |
section 4776.10 of the Revised Code; | 1435 |
(b) Violated this chapter or any rule adopted pursuant to it; | 1436 |
(c) Obtained or renewed a license issued pursuant to this | 1437 |
chapter, or any order, ruling, or authorization of the board or a | 1438 |
section of the board by fraud, misrepresentation, or deception; | 1439 |
(d) Engaged in fraud, misrepresentation, or deception in the | 1440 |
conduct of business. | 1441 |
(C) When an applicant for licensure as a contractor in a | 1442 |
licensed trade meets the qualifications set forth in division (B) | 1443 |
of this section and passes the required examination, the | 1444 |
appropriate section of the board, within ninety days after the | 1445 |
application was filed, shall authorize the administrative section | 1446 |
of the board to license the applicant for the type of contractor's | 1447 |
license for which the applicant qualifies. A section of the board | 1448 |
may withdraw its authorization to the administrative section for | 1449 |
issuance of a license for good cause shown, on the condition that | 1450 |
notice of that withdrawal is given prior to the administrative | 1451 |
section's issuance of the license. | 1452 |
(D) All licenses a contractor holds pursuant to this chapter | 1453 |
shall expire annually on the same date, which shall be the | 1454 |
expiration date of the original license the contractor holds. An | 1455 |
individual holding a valid, unexpired license may renew the | 1456 |
license, without reexamination, by submitting an application to | 1457 |
the appropriate section of the board not more than ninety calendar | 1458 |
days before the expiration of the license, along with the renewal | 1459 |
fee the section requires and proof of compliance with the | 1460 |
applicable continuing education requirements. The applicant shall | 1461 |
provide information in the renewal application satisfactory to | 1462 |
demonstrate to the appropriate section that the applicant | 1463 |
continues to meet the requirements of division (B) of this | 1464 |
section. | 1465 |
Upon application and within one calendar year after a license | 1466 |
has expired, a section may waive any of the requirements for | 1467 |
renewal of a license upon finding that an applicant substantially | 1468 |
meets the renewal requirements or that failure to timely apply for | 1469 |
renewal is due to excusable neglect. A section that waives | 1470 |
requirements for renewal of a license may impose conditions upon | 1471 |
the licensee and assess a late filing fee of not more than double | 1472 |
the usual renewal fee. An applicant shall satisfy any condition | 1473 |
the section imposes before a license is reissued. | 1474 |
(E) An individual holding a valid license may request the | 1475 |
section of the board that authorized that license to place the | 1476 |
license in inactive status under conditions, and for a period of | 1477 |
time, as that section determines. | 1478 |
(F) Except for the ninety-day extension provided for a | 1479 |
license assigned to a business entity under division (D) of | 1480 |
section 4740.07 of the Revised Code, a license held by an | 1481 |
individual immediately terminates upon the death of the | 1482 |
individual. | 1483 |
(G) Nothing in any license issued by the Ohio construction | 1484 |
industry licensing board shall be construed to limit or eliminate | 1485 |
any requirement of or any license issued by the Ohio fire marshal. | 1486 |
(H)(1) Subject to divisions (H)(2), (3), and (4) of this | 1487 |
section, no trade section of the board shall adopt, maintain, | 1488 |
renew, or enforce any rule, or otherwise preclude in any way, an | 1489 |
individual from receiving or renewing a license under this chapter | 1490 |
due to any past criminal activity or interpretation of moral | 1491 |
character, except as pursuant to division (B)(5)(a) of this | 1492 |
section. If the section denies an individual a license or license | 1493 |
renewal, the reasons for such denial shall be put in writing. | 1494 |
(2) Except as otherwise provided in this division, if an | 1495 |
individual applying for a license has been convicted of or pleaded | 1496 |
guilty to a misdemeanor that is not a crime of moral turpitude or | 1497 |
a disqualifying offense less than one year prior to making the | 1498 |
application, the section may use its discretion in granting or | 1499 |
denying the individual a license. Except as otherwise provided in | 1500 |
this division, if an individual applying for a license has been | 1501 |
convicted of or pleaded guilty to a felony that is not a crime of | 1502 |
moral turpitude or a disqualifying offense less than three years | 1503 |
prior to making the application, the section may use its | 1504 |
discretion in granting or denying the individual a license. The | 1505 |
provisions in this paragraph do not apply with respect to any | 1506 |
offense unless the section, prior to | 1507 |
1508 | |
the application based on that offense. | 1509 |
In all other circumstances, the section shall follow the | 1510 |
procedures it adopts by rule that conform to division (H)(1) of | 1511 |
this section. | 1512 |
(3) In considering a renewal of an individual's license, the | 1513 |
section shall not consider any conviction or plea of guilty prior | 1514 |
to the initial licensing. However, the board may consider a | 1515 |
conviction or plea of guilty if it occurred after the individual | 1516 |
was initially licensed, or after the most recent license renewal. | 1517 |
(4) The section may grant an individual a conditional license | 1518 |
that lasts for one year. After the one-year period has expired, | 1519 |
the license is no longer considered conditional, and the | 1520 |
individual shall be considered fully licensed. | 1521 |
(I) Notwithstanding divisions (D) and (H) of this section and | 1522 |
sections 4740.04 and 4740.05 of the Revised Code, the board may | 1523 |
establish rules that amend the continuing education requirements | 1524 |
and license renewal schedule for licensees as provided in or | 1525 |
adopted pursuant to those sections for the purpose of establishing | 1526 |
a compliance incentive program. These rules may include provisions | 1527 |
for the creation of the program and the qualifications, continuing | 1528 |
education requirements, and renewal schedule for the program. | 1529 |
Sec. 6301.11. The state board, in connection with the | 1530 |
department of job and family services, shall develop a methodology | 1531 |
for identifying jobs that are in demand by employers operating in | 1532 |
this state. | 1533 |
The department in consultation with the state board shall use | 1534 |
the methodology to create a list of such in-demand jobs and shall | 1535 |
publish the list on the web site of the department on or before | 1536 |
December 31, 2014. The department shall periodically update the | 1537 |
list to reflect evolving workforce demands in this state. | 1538 |
Local boards, workforce development agencies, and other | 1539 |
providers of workforce training shall use the list of in-demand | 1540 |
jobs to cultivate and prioritize workforce development activities | 1541 |
that correspond to the employment needs of employers operating in | 1542 |
this state and to assist individuals in maximizing their | 1543 |
employment opportunities. | 1544 |
Sec. 6301.12. (A) The office of workforce development within | 1545 |
the department of job and family services shall comprehensively | 1546 |
review the direct and indirect economic impact of businesses | 1547 |
engaged in the production of horizontal wells in this state and, | 1548 |
based on its findings, prepare an annual Ohio workforce report. | 1549 |
The office shall prepare the report by the thirtieth day of July | 1550 |
of each year. The report shall include at least all of the | 1551 |
following with respect to the industry: | 1552 |
(1) The total number of jobs created or retained during the | 1553 |
previous year; | 1554 |
(2) The total number of Ohio-based contractors that employ | 1555 |
skilled construction trades; | 1556 |
(3) The number of employees who are residents of this state; | 1557 |
(4) The total economic impact; | 1558 |
(5) A review of the state's regional workforce development | 1559 |
plans required by the "Workforce Investment Act of 1998," 112 | 1560 |
Stat. 936, 29 U.S.C.A. 2801, as amended, that outline workforce | 1561 |
development efforts including goals and benchmarks toward | 1562 |
maximizing job training, education, and job creation opportunities | 1563 |
in the state. | 1564 |
(B) Upon the completion of the office's annual Ohio workforce | 1565 |
report, the office shall provide an electronic copy of the report | 1566 |
to the president and minority leader of the senate and the speaker | 1567 |
and minority leader of the house of representatives and post it on | 1568 |
the office's internet web site. | 1569 |
Section 2. That existing sections 121.08, 122.136, 122.21, | 1570 |
122.25, 122.37, 122.64, 122.89, 122.94, 122.941, 127.14, 149.311, | 1571 |
150.10, 166.13, 166.18, 184.02, 1551.34, 3731.02, 4740.06, and | 1572 |
6301.12 of the Revised Code are hereby repealed. | 1573 |
Section 3. (A) The Chancellor of the Ohio Board of Regents, | 1574 |
in consultation with the parties specified in division (B) of this | 1575 |
section, shall develop recommendations for increasing access to | 1576 |
and participation in programs for adults who have not obtained a | 1577 |
high school diploma that offer credentials equivalent to a high | 1578 |
school diploma and also provide career pathways, such as an | 1579 |
associate degree, industry credential, or other type of career | 1580 |
training. | 1581 |
(B) In developing recommendations under division (A) of this | 1582 |
section, the Chancellor shall consult with all of the following: | 1583 |
(1) The Superintendent of Public Instruction; | 1584 |
(2) Representatives of the Governor's Office of Workforce | 1585 |
Transformation, the Department of Job and Family Services, and the | 1586 |
Ohio Association of Community Colleges; | 1587 |
(3) Representatives of career-technical planning districts | 1588 |
that provide post-secondary workforce education; | 1589 |
(4) Representatives of programs that provide adult basic and | 1590 |
literacy education; | 1591 |
(5) Representatives of any other interested parties at the | 1592 |
Chancellor's discretion. | 1593 |
(C) Not later than December 31, 2014, the Chancellor shall | 1594 |
prepare a report of the recommendations developed under division | 1595 |
(A) of this section and submit it to the Governor, the President | 1596 |
of the Senate, and the Speaker of the House of Representatives. | 1597 |
Section 4. Notwithstanding Section 503.80 of Am. Sub. H.B. | 1598 |
59 of the 130th General Assembly, no money shall be appropriated | 1599 |
or transferred from the Medicaid Reserve Fund (Fund 5Y80) except | 1600 |
as provided in Section 6 of this act or by another act of the | 1601 |
General Assembly. | 1602 |
Section 5. At the end of fiscal year 2015, the Director of | 1603 |
Budget and Management shall transfer any unexpended, unencumbered | 1604 |
cash balance from the Medicaid Reserve Fund (Fund 5Y80) back to | 1605 |
the General Revenue Fund. | 1606 |