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Proposed Community Revitalization Grants for Ohio Projects

Client Alert

Community Revitalization Credits May Be on the Horizon for Ohio Revitalization Projects

Ohio Senate Bill 344 is designed to offer non-refundable tax credits for individuals, corporations, or non-profits that are willing and able to invest in and build community projects in economically disadvantaged communities.  This Bill aims to incentivize the revitalization of Ohio’s communities while bolstering business in underdeveloped sectors.

Entities seeking a tax credit must apply to the director of development within specified timeframes of two review periods each fiscal year. The first begins on July 1 ending after September 13, and the second begins on January 1 and ends after March 31. If approved, the project must be completed within two years.

A project's credit allocation must be equal to or less than $5 million or 15-percent of estimated costs reported or 20-percent of costs, if the project is in an economically disadvantaged community. A credit allocation for each phase of a larger community revitalization project may be awarded a $5 million limitation applying to each phase of the project. The limit for credit allocations in a fiscal year cannot exceed $100 million, and no tax credit certificate will be issued for a project that is not completed within two years of the applicant being notified the project is eligible for tax credit.

If a certificate is issued to a pass-through entity for an investment by the entity, any taxpayer that is a direct or indirect investor in the pass-through may claim the taxpayer's proportionate or distributive share of the credit against the taxpayer's aggregate amount of tax levied. A person that is not a taxpayer cannot claim the credit, but if the person is the applicant to which the certificate is issued, the person may transfer the right to claim the credit.

A person that holds a tax credit certificate, on or before the last day of the person's taxable year or, if the person is not a taxpayer, on or before the last day of the calendar year in which the certificate is issued, may transfer the right to claim all or part of the credit to any other person. 

The Bill, sponsored by Ohio Senator Kirk Schuring, District 29, is currently in Senate Committee.

For more information about this opportunity, please contact Jason Butterworth at jabutterworth@bmdllc.com.


Primary Care Practice Officially Defined in Florida for APRNs Practicing Autonomously

As many providers in Florida are aware, House Bill 607 (the “Bill”), which was passed in February of last year, gives certain APRNs in Florida the ability to practice autonomously. The only catch is that they must work in primary practice. When the Bill was initially passed, there was question as to what was exactly considered primary care, absent a definition from the Florida Board of Nursing. However, as of February 25, 2021, “primary care practice” has officially been defined.

Part II of the No Surprises Act

The Department of Health and Human Services (“HHS”) published Part II of the No Surprises Act on September 30, 2021, which will take effect on January 1, 2022. The new guidance, in large part, focuses on the independent dispute resolution process that was briefly mentioned in Part I of the Act. In addition, there is now guidance on good faith estimate requirements, the patient-provider dispute resolution processes, and added external review provisions.

Safer Federal Workforce Task Force - Guidance for Federal Contractors and Subcontractors

The Safer Federal Workforce Task Force has issued its Guidance for Federal Contractors and Subcontractors (Guidance). Note that the Guidance applies only to “covered contracts,” which are contracts that include the clause (Clause) set forth in Sec. 2(a) of Executive Order 14042 (Ensuring Adequate COVID Safety Protocols for Federal Contractors). The Federal Acquisition Regulatory Council (FARC) is to conduct rulemaking and take related action to ensure that the Clause is incorporated into federal contracts. Until that happens, federal contractors likely will not see the Clause in its contracts. Following is a broad summary of the Guidance.

Banking & Cannabis: The Next Frontier Webinar

On Tuesday, September 21st, BMD’s own Banking and Cannabis Partner, Stephen Lenn, hosted a star-studded cast of panelists in a webinar titled Banking & Cannabis: Cannabis Lending, The Next Frontier. The webinar, which had to suspend registrations when hitting a maximum cap of 500, aimed to explore issues related to cannabis and banking, with a particular emphasis on lending. With the sponsorship and support of the Bankers Associations of Arizona, Colorado, Ohio and Utah, Steve was able to recruit an elite group of bankers, bank regulators, cannabis industry players, and cannabis regulators, who took the topic head on. The discussion kicked off with an opening from the keynote speaker, VP of Congressional Affairs for the American Bankers Association, Tanner Daniel.

Is Your Bonus System Creating Wage and Hour Violations? A Hidden Impact of the Labor Shortages

As employers struggle with attracting and retaining talent, many have turned to incentives such as Signing Bonuses and Retention Bonuses. In doing so, employers may be inadvertently exposing themselves to overtime law violations. Employers with non-exempt employees know that the Fair Labor Standards Act (FLSA) requires an overtime premium to non-exempt for work in excess of 40 hours per week. However, all too often, employers miscalculate the “regular rate” of pay, which is used for calculating the “overtime rate.” The miscalculation is becoming more prevalent in today’s market when employers fail to include supplemental compensation, such as certain Signing Bonuses and Retention Bonuses into the regular rate of pay. An example: A non-exempt employee is hired at a rate of $20 per hour, and also receives a retention bonus of $1,200 after working for 12 weeks. In her 11th week of work, employee works 50 hours. In her 14th week of work, employee works 50 hours. What is her paycheck in week 11? What is her paycheck in week 14?