130th Ohio General Assembly
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H. B. No. 601  As Introduced
As Introduced

128th General Assembly
Regular Session
2009-2010
H. B. No. 601


Representative O'Farrell 



A BILL
To amend section 9.66 of the Revised Code to deny tax and economic development incentives to a business that reduces its workforce in the United States and increases its workforce elsewhere.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 9.66 of the Revised Code be amended to read as follows:
Sec. 9.66.  (A) As used in this section:
(1) "Economic development assistance" means all of the following:
(a) The programs and assistance provided or administered by the department of development under Chapters 122. and 166. of the Revised Code and any other section of the Revised Code under which the department provides or administers economic development assistance;
(b) The programs and assistance provided or administered by a political subdivision under Chapters 725. and 1728. and sections 3735.67 to 3735.70, 5709.40 to 5709.43, 5709.61 to 5709.69, 5709.73 to 5709.75, and 5709.77 to 5709.81 of the Revised Code and any other section of the Revised Code under which a political subdivision provides economic development assistance;
(c) Assistance provided under any other section of the Revised Code under which the state or a state agency provides or administers economic development assistance;
(d) The tax credit authorized by section 5725.31, 5729.07, 5733.42, or 5747.39 of the Revised Code.
(2) "Liability" means any of the following:
(a) Any delinquent tax owed the state or a political subdivision of the state;
(b) Any moneys owed the state or a state agency for the administration or enforcement of the environmental laws of the state;
(c) Any other moneys owed the state, a state agency, or a political subdivision of the state that are past due.
"Liability" includes any item described in division (A)(2) of this section that is being contested in a court of law.
(3) "Political subdivision" means any county, municipal corporation, or township of the state.
(4) "State agency" means every organized body, office, or agency established by the laws of the state for the exercise of any function of state government.
(B) A person who applies to the state, a state agency, or a political subdivision for economic development assistance shall indicate do all of the following:
(1) Indicate on the application for assistance whether the person has any outstanding liabilities owed to the state, a state agency, or a political subdivision. Such a person also shall authorize;
(2) Certify that the person is not disqualified from receiving economic development assistance under division (D) of this section;
(3) Authorize the state, state agency, or political subdivision to inspect the personal or corporate financial statements of the applicant, including tax records and other similar information not open to public inspection.
(C)(1) Whoever knowingly makes a false statement under division (B) of this section concerning an application for economic development assistance or who fails to provide any information required by that division is ineligible for the assistance applied for and, is ineligible for any future economic development assistance from the state, a state agency, or a political subdivision.
(2) Whoever knowingly makes a false statement under division (B) of this section concerning an application for economic development assistance or who fails to provide any information required by that division, and shall return any moneys received from the state, a state agency, or a political subdivision in connection with that application.
(D)(1) For purposes of this division:
(a) "Taxable year" includes, in the case of a domestic or foreign insurance company, the calendar year ending on the thirty-first day of December preceding the day the superintendent of insurance is required to certify to the treasurer of state under section 5725.20 or 5729.05 of the Revised Code the amount of taxes due from insurance companies.
(b) "Full-time equivalent employees" means the quotient obtained by dividing the total number of hours for which employees were compensated for employment in the project by two thousand eighty.
(2) No person who, in the person's most recently completed taxable year, or in the annual period that ends on the last day of the person's most recently completed tax period, reduced the person's full-time equivalent employees in the United States and increased the person's full-time equivalent employees elsewhere, may do any of the following:
(a) Apply for or continue to receive economic development assistance;
(b) Claim for that taxable year or tax period any of the credits referred to in section 5725.98, 5729.98, 5733.98, 5747.98, or 5751.98 of the Revised Code.
(3) Annually, a person receiving economic development assistance shall certify to the state, state agency, or political subdivision that the person is not disqualified from receiving economic development assistance under this division. Whoever knowingly makes a false statement in the certification or who knowingly fails to submit the certification is no longer eligible for the economic development assistance for which the certification is required and may not apply for any future economic development assistance.
Section 2. That existing section 9.66 of the Revised Code is hereby repealed.
Section 3. That the amendment of section 9.66 of the Revised Code by this act applies to applications for economic development assistance submitted on or after the effective date of this act.
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