As Reported by the House Agriculture and Natural Resources Committee 1
122nd General Assembly 4
Regular Session Sub. H. B. No. 621 5
1997-1998 6
REPRESENTATIVES HAINES-HODGES-REID-SULZER-GARDNER-LOGAN-WESTON- 8
VESPER-TAVARES-JONES-CATES-PADGETT-HARRIS-TERWILLEGER- 9
KREBS-GRENDELL-HOOD-HOUSEHOLDER-CAREY-METELSKY-BENDER- 10
WILLAMOWSKI-OGG-WILSON-CORE-OPFER-BUCHY-DAMSCHRODER 11
13
A B I L L
To amend sections 122.011, 122.23, 122.24, 122.25, 15
122.27, 166.03, and 901.63, to enact sections 17
166.031 and 901.80 to 901.83 of the Revised 18
Code, and to amend Sections 47 and 47.15 of Am. 19
Sub. H.B. 215 of the 122nd General Assembly and 20
Section 3 of Am. Sub. H.B. 440 of the 121st 21
General Assembly to create the Family Farm Loan 22
Program in the Department of Agriculture and to 23
create the Family Farm Loan Fund in the 24
Department of Development to promote agricultural 25
development, to make changes to the Rural 26
Industrial Park Loan Program, to terminate the 27
provisions of this act establishing the Family 28
Farm Loan Program and creating the Family Farm 29
Loan Fund on June 30, 1999, by repealing sections 30
166.031, 901.80, 901.81, 901.82, and 901.83 of 31
the Revised Code on that date, to extend the date 33
on which the Rural Industrial Park Loan Program 34
terminates from January 1, 1999 to June 30, 1999, 35
by repealing sections 122.23, 122.24, 122.25, 36
122.26, and 122.27 of the Revised Code on June 37
30, 1999, and to make an appropriation. 38
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 40
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Section 1. That sections 122.011, 122.23, 122.24, 122.25, 42
122.27, 166.03, and 901.63 be amended and sections 166.031, 44
901.80, 901.81, 901.82, and 901.83 of the Revised Code be enacted 46
to read as follows:
Sec. 122.011. (A) The department of development shall 55
develop and promote plans and programs designed to assure that 56
state resources are efficiently used, economic growth is properly 57
balanced, community growth is developed in an orderly manner, and 58
local governments are coordinated with each other and the state, 59
and for such purposes may do all of the following: 60
(1) Serve as a clearinghouse for information, data, and 62
other materials that may be helpful or necessary to persons or 63
local governments, as provided in section 122.07 of the Revised 64
Code; 65
(2) Prepare and activate plans for the retention, 67
development, expansion, and use of the resources and commerce of 68
the state, as provided in section 122.04 of the Revised Code; 69
(3) Assist and cooperate with federal, state, and local 71
governments and agencies of federal, state, and local governments 73
in the coordination of programs to carry out the functions and
duties of the department; 74
(4) Encourage and foster research and development 76
activities, conduct studies related to the solution of community 77
problems, and develop recommendations for administrative or 78
legislative actions as provided in section 122.03 of the Revised 79
Code; 80
(5) Serve as the economic and community development 82
planning agency, which shall prepare and recommend plans and 83
programs for the orderly growth and development of this state and 84
which shall provide planning assistance, as provided in section 85
122.06 of the Revised Code; 86
(6) Cooperate with and provide technical assistance to 88
state departments, political subdivisions, regional and local 89
planning commissions, tourist associations, councils of 90
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government, community development groups, community action 91
agencies and other appropriate organizations for carrying out the 92
functions and duties of the department or for the solution of 93
community problems. 94
(7) Coordinate the activities of state agencies that have 96
an impact on carrying out the functions and duties of the 97
department; 98
(8) Encourage and assist the efforts of and cooperate with 100
local governments to develop mutual and cooperative solutions to 101
their common problems that relate to carrying out the purposes of 102
this section; 103
(9) Study existing structure, operations, financing of 105
regional or local government and those state activities that 106
involve significant relations with regional or local governmental 107
units, recommend to the governor and to the general assembly such 108
changes in these provisions and activities as will improve the 109
operations of regional or local government, and conduct other 110
studies of legal provisions that affect problems related to 111
carrying out the purposes of this section; 112
(10) Appoint, with the approval of the governor, technical 115
and other advisory councils as it considers appropriate, as 116
provided in section 122.09 of the Revised Code;
(11) Create and operate a division of community 118
development to develop and administer programs and activities 119
that are authorized by federal statute or the Revised Code; 120
(12) UNTIL JUNE 30, 1999, REVIEW, ANALYZE, AND SUMMARIZE 123
APPLICATIONS AND INFORMATION REGARDING THE FAMILY FARM LOAN 124
PROGRAM FORWARDED TO THE DEPARTMENT BY A FINANCIAL INSTITUTION 125
PURSUANT TO SECTION 901.81 OF THE REVISED CODE, AND FORWARD THE 128
APPLICATIONS, INFORMATION, ANALYSES, AND SUMMARIES TO THE 129
DIRECTOR OF AGRICULTURE; 130
(13) UNTIL JUNE 30, 1999, ESTABLISH FEES AND CHARGES, IN 132
CONSULTATION WITH THE DIRECTOR OF AGRICULTURE, FOR LOANS AND LOAN 134
GUARANTEES PROVIDED UNDER THE FAMILY FARM LOAN PROGRAM CREATED 136
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UNDER SECTIONS 901.80 TO 901.83 OF THE REVISED CODE;
(14) PROVIDE LOAN SERVICING FOR THE LOANS AND LOAN 138
GUARANTEES PROVIDED UNDER SECTION 901.80 OF THE REVISED CODE AS 139
SUCH SECTION EXISTED PRIOR TO JUNE 30, 1999; 140
(15) UNTIL JUNE 30, 1999, AND UPON APPROVAL BY THE 143
CONTROLLING BOARD UNDER DIVISION (A)(3) OF SECTION 901.82 OF THE 144
REVISED CODE OF THE RELEASE OF MONEY TO BE USED FOR A LOAN OR 147
LOAN GUARANTEE, REQUEST THE RELEASE OF SUCH MONEY IN ACCORDANCE 148
WITH DIVISION (B) OF SECTION 166.03 OF THE REVISED CODE FOR USE 151
FOR THE PURPOSES OF THE FUND CREATED BY SECTION 166.031 OF THE 153
REVISED CODE.
(B) The department shall, by rule, SHALL establish 155
criteria defining nonprofit corporations that are eligible for 156
appointment as qualified agents pursuant to sections 135.81 to 157
135.88 of the Revised Code. The criteria shall require that a 158
corporation be organized pursuant to Chapter 1702. of the Revised 159
Code and have as its primary purpose the promotion of economic 160
development or the creation or retention of jobs and job 161
opportunities. The criteria may include a specification as to 162
the professional qualifications of the corporation employees, a 163
minimum elapsed period of time since the corporation was 164
organized, current and former activities of the corporation, and 165
such other criteria reasonably related to the foregoing that 166
relate to the ability of the corporation to act as a qualified 167
agent for the purposes of sections 135.51 to 135.88 of the 168
Revised Code.
(C) The director of development may request the attorney 170
general to, and the attorney general shall, in accordance with 171
section 109.02 of the Revised Code, SHALL bring a civil action in 173
any court of competent jurisdiction. The director may be sued in 174
the director's official capacity, in connection with this
chapter, in accordance with Chapter 2743. of the Revised Code. 175
Sec. 122.23. As used in sections 122.23 to 122.27 of the 184
Revised Code:
5
(A) "Distressed area" means a county with a population of 186
less than one hundred twenty-five thousand that meets at least 187
two of the following criteria of economic distress: 188
(1) Its average rate of unemployment, during the most 190
recent five-year period for which data are available, is equal to 192
at least one hundred twenty-five per cent of the average rate of 193
unemployment for the United States for the same period.
(2) It has a per capita income equal to or below eighty 195
per cent of the median county per capita income of the United 197
States as determined by the most recently available figures from
the United States census bureau. 198
(3) In intercensal years, the county has a ratio of 200
transfer payment income to total county income equal to or 201
greater than twenty-five per cent.
(B) "Eligible applicant" means any of the following that 204
is designated by the governing body of an eligible area as 205
provided in division (B)(1) of section 122.27 of the Revised 206
Code:
(1) A port authority as defined in division (A) of section 208
4581.01 4582.01 or division (A) of section 4582.21 of the Revised 209
Code;
(2) A community improvement corporation as defined in 211
section 1724.01 of the Revised Code; 212
(3) A community-based organization or action group that 214
provides social services and has experience in economic 215
development;
(4) Any other nonprofit economic development entity; 217
(5) A PRIVATE DEVELOPER THAT PREVIOUSLY HAS NOT RECEIVED 219
FINANCIAL ASSISTANCE UNDER SECTION 122.24 OF THE REVISED CODE AND 220
THAT HAS EXPERIENCE AND A SUCCESSFUL HISTORY IN INDUSTRIAL 221
DEVELOPMENT.
(C) "Eligible area" means a distressed area, a labor 224
surplus area, or a situational distress area, as designated 225
annually by the director of development pursuant to division (A) 226
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of section 122.25 of the Revised Code.
(D) "Labor surplus area" means an area designated as a 228
labor surplus area by the United States department of labor. 229
(E) "Official poverty line" has the same meaning as in 231
division (A) of section 3923.51 of the Revised Code. 232
(F) "Situational distress area" means a county that has a 234
population of less than one hundred twenty-five thousand persons, 235
or a municipal corporation in such a county, that has experienced 236
or is experiencing a closing or downsizing of a major employer 238
that will adversely affect the county's or municipal
corporation's economy. In order to be designated as a 239
situational distress area for a period not to exceed thirty-six 240
months, the county or municipal corporation may petition the 241
director of development. The petition shall include 242
documentation that demonstrates all of the following: 243
(1) The number of jobs lost by the closing or downsizing; 246
(2) The impact that the job loss has on the county's or 248
municipal corporation's unemployment rate as measured by the Ohio 250
bureau of employment services;
(3) The annual payroll associated with the job loss; 252
(4) The amount of state and local taxes associated with 254
the job loss; 255
(5) The impact that the closing or downsizing has on the 257
suppliers located in the rural county or municipal corporation. 258
(G) "Governing body" means, in the case of a county, the 261
board of county commissioners; in the case of a municipal
corporation, the legislative authority; and in the case of a 262
township, the board of township trustees. 263
(H) "Infrastructure improvements" includes site 266
preparation, including building demolition and removal; retention 267
ponds and flood and drainage improvements; streets, roads, 268
bridges, and traffic control devices; parking lots and
facilities; water and sewer lines and treatment plants; gas, 269
electric, and telecommunications hook-ups; and waterway and 270
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railway access improvements.
(I) "PRIVATE DEVELOPER" MEANS ANY INDIVIDUAL, FIRM, 272
CORPORATION, OR ENTITY, OTHER THAN A NONPROFIT ENTITY, LIMITED 273
PROFIT ENTITY, OR GOVERNMENTAL ENTITY. 274
Sec. 122.24. To promote economic development in rural 283
areas and to improve the economic welfare of the people of the 284
state, the director of development shall administer the rural 285
industrial park loan program, which is hereby established in 286
accordance with Ohio Constitution, Article VIII, Section 13, to 287
assist eligible applicants in financing the development and 289
improvement of industrial parks by providing financial assistance 290
in the form of loans and loan guarantees for land acquisition; 291
constructing, reconstructing, rehabilitating, remodeling,
renovating, enlarging, or improving industrial park buildings; 292
and infrastructure improvements. 293
This program shall not be used to compete against existing 295
Ohio industrial parks. 296
An eligible applicant receiving assistance under the rural 298
industrial park program is not precluded from further 299
participation in this or any other department of development 300
financial program, EXCEPT THAT A PRIVATE DEVELOPER THAT 301
PREVIOUSLY HAS RECEIVED FINANCIAL ASSISTANCE UNDER THIS SECTION
IS PRECLUDED FROM FURTHER PARTICIPATION IN THE RURAL INDUSTRIAL 302
PARK LOAN PROGRAM. 303
Sec. 122.25. (A) In administering the program established 313
under section 122.24 of the Revised Code, the director of 314
development shall do all of the following: 315
(1) Annually designate, by the first day of January of 317
each year, the entities that constitute the eligible areas in 318
this state as defined in section 122.23 of the Revised Code; 319
(2) Inform local governments and others in the state of 321
the availability of the program and financial assistance 322
established under sections 122.23 to 122.27 of the Revised Code; 324
(3) Report to the governor, president of the senate, 327
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speaker of the house of representatives, and minority leaders of
the senate and the house of representatives by the thirtieth day 329
of June of each year on the activities carried out under the 330
program during the preceding calendar year. The report shall 331
include the number of loans made that year and the amount and 332
recipient of each loan.
(4) Work in conjunction with conventional lending 334
institutions, local revolving loan funds, private investors, and 335
other private and public financing sources to provide loans or 336
loan guarantees to eligible applicants; 337
(5) Establish fees, charges, interest rates, payment 339
schedules, local match requirements, and other terms and 341
conditions for loans and loan guarantees provided under the loan
program created by section 122.24 of the Revised Code; 343
(6) Require each applicant to demonstrate the suitability 345
of any site for the assistance sought; that the site has been 346
surveyed, has adequate or available utilities, and that there are 347
no zoning restrictions, environmental regulations, or other 348
matters impairing the use of the site for the purpose intended; 349
(7) Require each applicant to provide a marketing plan and 351
management strategy for the project; 352
(8) Adopt rules in accordance with Chapter 119. of the 354
Revised Code establishing all of the following: 355
(a) Forms and procedures by which eligible applicants may 358
apply for assistance;
(b) Criteria for reviewing, evaluating, and ranking 361
applications, and for approving applications that best serve the
goals of the program; 362
(c) Reporting requirements and monitoring procedures; 365
(d) GUIDELINES REGARDING SITUATIONS IN WHICH INDUSTRIAL 367
PARKS WOULD BE CONSIDERED TO COMPETE AGAINST ONE ANOTHER FOR THE 368
PURPOSES OF DIVISION (B)(2) OF SECTION 122.27 OF THE REVISED 369
CODE;
(e) Any other rules necessary to implement and administer 372
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the program created by section 122.24 of the Revised Code. 373
(B) The director may adopt rules in accordance with 376
Chapter 119. of the Revised Code establishing requirements 377
governing the use of any industrial park site receiving 378
assistance under section 122.24 of the Revised Code, such that a 380
certain portion of the site must be used for manufacturing, 381
distribution, high technology, research and development, or other 382
businesses wherein a majority of the product or service produced 383
is exported out of the state.
(C) As a condition to receiving assistance under section 385
122.24 of the Revised Code, and except as provided in division 386
(D) of this section, an applicant must agree, for a period of 387
five years, not to permit the use of a site that is developed or 388
improved with such assistance to cause the relocation of jobs to 389
that site from elsewhere in Ohio. 390
(D) A site developed or improved with assistance under 393
section 122.24 of the Revised Code may be the site of jobs 394
relocated from elsewhere in Ohio if the director of development 396
does all of the following:
(1) Makes a written determination that the site from which 398
the jobs would be relocated is inadequate to meet market or 400
industry conditions, expansion plans, consolidation plans, or
other business considerations affecting the relocating employer; 401
(2) Provides a copy of the determination required by 404
division (D)(1) of this section to the members of the general 405
assembly whose legislative districts include the site from which 406
the jobs would be relocated, and to the joint legislative
committee on tax incentives; 407
(3) Determines that the governing body of the area from 409
which the jobs would be relocated has been notified in writing by 410
the relocating company of the possible relocation. 411
(E) The director of development must obtain the approval 413
of the controlling board for any loan or loan guarantee provided 414
under sections 122.23 to 122.27 of the Revised Code. 415
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Sec. 122.27. (A) In order to be eligible for financial 425
assistance under section 122.24 of the Revised Code, the 427
applicant shall demonstrate to the director of development the 429
applicant's capacity to undertake and oversee the project, as
evidenced by documentation of the applicant's past performance in 430
economic development projects. 431
(B) In order for an applicant to be eligible for financial 434
assistance under section 122.24 of the Revised Code, BOTH OF the 435
FOLLOWING APPLY:
(1) THE governing body of the entity that has been 437
designated as an eligible area by the director of development 438
under division (A) of section 122.25 of the Revised Code, by 439
resolution or ordinance, shall designate the applicant that will 440
carry out the project for the purposes described in section 441
122.24 of the Revised Code, and specify the eligible area's 442
financial participation in the project; 443
(2) THE BOARD OF COUNTY COMMISSIONERS OF A COUNTY THAT HAS 445
BEEN DESIGNATED AS AN ELIGIBLE AREA BY THE DIRECTOR OF 446
DEVELOPMENT UNDER DIVISION (A) OF SECTION 122.25 OF THE REVISED 447
CODE SHALL CERTIFY, BY RESOLUTION, THAT NO EXISTING INDUSTRIAL 448
PARK IS LOCATED IN THE COUNTY THAT WOULD COMPETE AGAINST AN
INDUSTRIAL PARK THAT WOULD BE DEVELOPED AND IMPROVED IN THE 449
COUNTY THROUGH THE USE OF FINANCIAL ASSISTANCE PROVIDED TO THE 450
APPLICANT UNDER THE RURAL INDUSTRIAL PARK LOAN PROGRAM. 451
GUIDELINES REGARDING SITUATIONS IN WHICH INDUSTRIAL PARKS WOULD 452
BE CONSIDERED TO COMPETE AGAINST ONE ANOTHER SHALL BE ESTABLISHED 453
BY RULE IN ACCORDANCE WITH DIVISION (A)(8) OF SECTION 122.25 OF 454
THE REVISED CODE.
(C) Solely for the purpose of applying for assistance for 457
infrastructure improvements, a governing body may designate
itself as an eligible applicant. 458
Sec. 166.03. (A) There is hereby created the facilities 467
establishment fund within the state treasury, consisting of 468
proceeds from the issuance of obligations as specified under 469
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section 166.08 of the Revised Code; the moneys received by the 470
state from the sources specified in section 166.09 of the Revised 471
Code; service charges imposed under sections 166.06 and 166.07 of 472
the Revised Code; any grants, gifts, or contributions of moneys 473
received by the director of development to be used for loans made 474
under section 166.07 of the Revised Code or for the payment of 475
the allowable costs of project facilities; and all other moneys 476
appropriated or transferred to the fund. Moneys in the loan 477
guarantee fund in excess of four per cent of the unpaid principal 478
amount of loan repayments guaranteed under section 166.06 of the 479
Revised Code, but subject to the provisions and requirements of 480
any guarantee contracts, may be transferred to the facilities 481
establishment fund by the treasurer of state upon the order of 482
the director of development. Moneys received by the state under 483
Chapter 122. of the Revised Code, to the extent allocable to the 484
utilization of moneys derived from proceeds of the sale of 485
obligations pursuant to section 166.08 of the Revised Code, shall 486
be credited to the facilities establishment fund. 487
(B) All moneys appropriated or transferred to the 489
facilities establishment fund may be released at the request of 490
the director for payment of allowable costs or the making of 491
loans under this chapter, for transfer to the loan guarantee fund 492
established in section 166.06 of the Revised Code, or for use for 493
the purpose of or transfer to the funds established by sections 495
122.35, 122.42, 122.54, 122.55, 122.56, 122.561, 122.57, and
122.80, and until January 1 JUNE 30, 1999, section SECTIONS 497
122.26 AND 166.031 of the Revised Code, but only for such of 498
those purposes as are within the authorization of Section 13 of 499
Article VIII, Ohio Constitution, in all cases subject to the 500
approval of the controlling board. 501
(C) Moneys transferred to the facilities establishment 503
fund under section 3734.82 of the Revised Code shall be used 504
exclusively for eligible projects that recover or recycle energy 505
from scrap tires, as "scrap tires" is defined in section 3734.01 506
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of the Revised Code, for any of the following purposes: 507
(1) Making loans under this chapter; 509
(2) Making grants; 511
(3) Providing other incentives, including, without 513
limitation, entering into contracts with private entities to 514
conduct environmental studies or tests for eligible projects that 515
propose to recover energy from scrap tires. 516
The director shall adopt rules under division (B)(9) of 518
section 166.02 of the Revised Code for the purpose of 519
administering this division. 520
(D) The department of development, in the administration 522
of the facilities establishment fund, is encouraged to utilize 523
and promote the utilization of, to the maximum practicable 524
extent, the other existing programs, business incentives, and tax 525
incentives that department is required or authorized to 526
administer or supervise. 527
Sec. 166.031. THE FAMILY FARM LOAN FUND IS HEREBY CREATED 530
IN THE TREASURY FOR THE PURPOSES OF THE PROGRAM ESTABLISHED IN 531
SECTIONS 901.80 TO 901.83 OF THE REVISED CODE. THE DIRECTOR OF 532
DEVELOPMENT SHALL DEPOSIT MONEY RECEIVED FOR THOSE PURPOSES TO 533
THE CREDIT OF THE FUND. 534
Sec. 901.63. (A) The agricultural financing commission 543
SHALL DO BOTH OF THE FOLLOWING UNTIL JUNE 30, 1999: 544
(1) MAKE RECOMMENDATIONS TO THE DIRECTOR OF AGRICULTURE 546
ABOUT FINANCIAL ASSISTANCE APPLICATIONS MADE PURSUANT TO SECTIONS 547
901.80 TO 901.83 OF THE REVISED CODE. IN MAKING ITS 548
RECOMMENDATIONS, THE COMMISSION SHALL UTILIZE CRITERIA 549
ESTABLISHED BY RULES ADOPTED UNDER DIVISION (A)(9)(b) OF SECTION 551
901.82 OF THE REVISED CODE. 553
(2) ADVISE THE DIRECTOR IN THE ADMINISTRATION OF SECTIONS 555
901.80 TO 901.83 OF THE REVISED CODE. 556
WITH RESPECT TO SECTIONS 901.80 TO 901.83 OF THE REVISED 560
CODE, THE ROLE OF THE COMMISSION IS SOLELY ADVISORY. NO OFFICER, 561
MEMBER, OR EMPLOYEE OF THE COMMISSION IS LIABLE FOR ANY INJURY, 562
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DEATH, OR LOSS TO PERSON OR PROPERTY THAT ARISES OUT OF ANY LOAN 563
OR LOAN GUARANTEE, FAILURE TO GRANT A LOAN OR LOAN GUARANTEE, OR 564
FAILURE TO TAKE ACTION UNDER SECTIONS 901.80 TO 901.83 OF THE 566
REVISED CODE, OR OUT OF ANY ACT OR OMISSION OF THE DEPARTMENT OF 568
AGRICULTURE THAT INVOLVES THOSE SECTIONS. 569
(B) THE COMMISSION may: 571
(A)(1) Adopt bylaws for the conduct of its business; 573
(B)(2) Exercise all rights, powers, and duties conferred 575
on the commission as an issuer under Chapter 902. of the Revised 576
Code; 577
(C)(3) Contract with, retain, or designate financial 579
consultants, accountants, and such other consultants and 580
independent contractors as the commission may determine to be 581
necessary or appropriate to carry out the purposes of this 582
chapter and to fix the terms thereof OF THOSE CONTRACTS; 583
(D)(4) Undertake and carry out or authorize the completion 585
of studies and analyses of agricultural conditions and needs 586
within the state relevant to the purpose of this chapter to the 587
extent not otherwise undertaken by other departments or agencies 588
of the state satisfactory for such purpose; 589
(E)(5) Acquire by gift, purchase, foreclosure, or other 591
means, and hold, assign, pledge, lease, transfer, or otherwise 592
dispose of real and personal property, or any interest therein IN 593
THAT REAL AND PERSONAL PROPERTY, in the exercise of its powers 595
and the performance of its duties under this chapter and Chapter 596
902. of the Revised Code;
(F)(6) Receive and accept gifts, grants, loans, or any 598
other financial or other form of aid from any federal, state, 599
local, or private agency or fund and enter into any contract with 600
any such agency or fund in connection therewith, and receive and 601
accept aid or contributions from any other source of money, 602
property, labor or things of value, to be held, used, and applied 603
only for the purposes for which such grants and contributions are 604
made, all within the purposes of this chapter and Chapter 902. of 605
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the Revised Code; 606
(G)(7) Sue and be sued in its own name with respect to its 608
contracts or to enforce this chapter or its obligations or 609
covenants made under this chapter and Chapter 902. of the Revised 610
Code; 611
(H)(8) Make and enter into all contracts, commitments, and 613
agreements, and execute all instruments necessary or incidental 614
to the performance of its duties and the execution of its powers 615
under this chapter and Chapter 902. of the Revised Code; 616
(I)(9) Adopt an official seal; 618
(J)(10) Do any and all things necessary or appropriate to 620
carry out the public purposes and exercise the powers granted to 621
the commission in this chapter and Chapter 902. of the Revised 622
Code and the public purposes of Section 13 of Article VIII, Ohio 623
Constitution. 624
Sec. 901.80. TO PROMOTE ECONOMIC OPPORTUNITY FOR PERSONS 627
WHO DESIRE TO ENGAGE IN AGRICULTURAL PRODUCTION, TO ENHANCE THE 628
ECONOMIC VIABILITY OF THE STATE'S AGRICULTURAL AREAS, TO HELP 629
PROVIDE THE STATE'S AGRIBUSINESSES WITH THE FARM PRODUCTS 630
NECESSARY FOR THEIR OPERATIONS, AND TO IMPROVE THE ECONOMIC 631
WELFARE OF THE PEOPLE OF THE STATE, THE DIRECTOR OF AGRICULTURE 632
SHALL ADMINISTER THE FAMILY FARM LOAN PROGRAM, WHICH IS HEREBY 633
ESTABLISHED IN ACCORDANCE WITH SECTION 13 OF ARTICLE VIII, OHIO 635
CONSTITUTION, TO ASSIST ELIGIBLE APPLICANTS BY PROVIDING 636
FINANCIAL ASSISTANCE IN THE FORM OF LOANS AND LOAN GUARANTEES FOR 638
LAND ACQUISITION; CONSTRUCTING, RECONSTRUCTING, REHABILITATING, 639
REMODELING, RENOVATING, ENLARGING, OR IMPROVING AGRICULTURAL 640
BUILDINGS; AND ACQUIRING MACHINERY AND EQUIPMENT TO BE USED IN
AGRICULTURE. 641
FINANCIAL ASSISTANCE PROVIDED UNDER THE FAMILY FARM LOAN 643
PROGRAM SHALL NOT BE USED AS WORKING CAPITAL OR FOR REFINANCING, 645
FINANCING INVENTORY OR RECEIVABLES, SPECULATIVE REAL ESTATE 646
DEVELOPMENT, RELOCATION COSTS, OR THE PURCHASE OF ROLLING STOCK 647
OR LIVESTOCK.
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AN ELIGIBLE APPLICANT RECEIVING FINANCIAL ASSISTANCE UNDER 649
THE FAMILY FARM LOAN PROGRAM IS NOT PRECLUDED FROM FURTHER 650
PARTICIPATION IN THIS OR ANY OTHER STATE FINANCIAL PROGRAM. 652
Sec. 901.81. (A) AS USED IN THIS SECTION AND SECTIONS 655
901.82 AND 901.83 OF THE REVISED CODE: 657
(1) "FINANCIAL INSTITUTION" MEANS ANY BANKING CORPORATION, 660
TRUST COMPANY, INSURANCE COMPANY, SAVINGS AND LOAN ASSOCIATION, 661
BUILDING AND LOAN ASSOCIATION, OR CORPORATION, PARTNERSHIP, 662
FEDERAL LENDING FOUNDATION, OR OTHER INSTITUTION ENGAGED IN 663
LENDING OR INVESTING FUNDS FOR AGRICULTURAL OR OTHER BUSINESS 664
PURPOSES.
(2) "ELIGIBLE APPLICANT" MEANS A PERSON WHO SATISFIES ALL 667
THE CRITERIA ENUMERATED IN DIVISION (B) OF SECTION 901.82 OF THE 668
REVISED CODE. 670
(B) A FINANCIAL INSTITUTION THAT WISHES TO PARTICIPATE IN 673
THE PROGRAM ESTABLISHED UNDER SECTION 901.80 OF THE REVISED CODE 676
SHALL ACCEPT AND REVIEW APPLICATIONS FOR LOANS FROM ELIGIBLE 677
APPLICANTS. FORMS AND PROCEDURES INVOLVED IN THE APPLICATION 678
PROCESS SHALL COMPLY WITH RULES ADOPTED UNDER DIVISION (A)(9)(a) 680
OF SECTION 901.82 OF THE REVISED CODE. THE FINANCIAL INSTITUTION 684
SHALL APPLY ALL USUAL LENDING STANDARDS TO DETERMINE THE CREDIT 685
WORTHINESS OF EACH ELIGIBLE APPLICANT, INCLUDING WHETHER THE 686
ELIGIBLE APPLICANT HAS THE ABILITY TO REPAY THE LOAN AND WHETHER 687
ADEQUATE SECURITY EXISTS FOR THE LOAN.
THE FINANCIAL INSTITUTION SHALL FORWARD TO THE DEPARTMENT 689
OF DEVELOPMENT THE COMPLETED LOAN APPLICATION OF AN ELIGIBLE 690
APPLICANT WHOM THE FINANCIAL INSTITUTION HAS DETERMINED TO BE 691
CREDIT WORTHY, ALONG WITH ANY OTHER INFORMATION REQUIRED BY RULES 693
ADOPTED UNDER DIVISION (A)(9) OF SECTION 901.82 OF THE REVISED 696
CODE. IF A LOAN GUARANTEE IS INVOLVED, THE FINANCIAL INSTITUTION 697
ALSO SHALL FORWARD A REQUEST BY THE FINANCIAL INSTITUTION TO 698
ENTER INTO A CONTRACT OF GUARANTEE DESCRIBED IN SECTION 901.83 OF 699
THE REVISED CODE. 701
THE DEPARTMENT OF DEVELOPMENT SHALL PROCEED WITH THE LOAN 703
16
APPLICATION IN ACCORDANCE WITH DIVISION (A)(12) OF SECTION 705
122.011 OF THE REVISED CODE. 707
Sec. 901.82. (A) IN ADMINISTERING THE PROGRAM ESTABLISHED 710
UNDER SECTION 901.80 OF THE REVISED CODE, THE DIRECTOR OF 712
AGRICULTURE SHALL DO ALL OF THE FOLLOWING:
(1) RECEIVE APPLICATIONS FOR FINANCIAL ASSISTANCE 714
FORWARDED TO THE DIRECTOR BY THE DEPARTMENT OF DEVELOPMENT, AND, 715
AFTER PROCESSING, FORWARD THEM TO THE AGRICULTURAL FINANCING 716
COMMISSION TOGETHER WITH NECESSARY SUPPORTING INFORMATION; 718
(2) RECEIVE THE RECOMMENDATIONS OF THE COMMISSION MADE 720
UNDER DIVISION (A)(1) OF SECTION 901.63 OF THE REVISED CODE AND 723
MAKE A FINAL DETERMINATION WHETHER TO APPROVE THE APPLICATION FOR 724
FINANCIAL ASSISTANCE;
(3) TRANSMIT THE DIRECTOR'S DETERMINATIONS TO APPROVE 726
ASSISTANCE TO THE CONTROLLING BOARD TOGETHER WITH ANY INFORMATION 728
THE CONTROLLING BOARD REQUIRES FOR ITS REVIEW AND ITS DECISION 729
WHETHER TO APPROVE THE RELEASE OF MONEY FOR THE FINANCIAL
ASSISTANCE; 730
(4) WORK IN CONJUNCTION WITH FINANCIAL INSTITUTIONS AND 733
OTHER PRIVATE AND PUBLIC FINANCING SOURCES TO PROVIDE LOANS OR 734
LOAN GUARANTEES TO ELIGIBLE APPLICANTS;
(5) ESTABLISH INTEREST RATES, PAYMENT SCHEDULES, LOAN 737
TRANSFER PROVISIONS, PENALTIES, INCLUDING PENALTIES FOR THE 738
CONVERSION OF LAND DEVOTED EXCLUSIVELY TO AGRICULTURAL USE AS 739
DEFINED IN SECTION 5713.30 OF THE REVISED CODE, AND OTHER TERMS
AND CONDITIONS FOR LOANS AND LOAN GUARANTEES PROVIDED UNDER THE 741
LOAN PROGRAM CREATED BY SECTION 901.80 OF THE REVISED CODE; 743
(6) REQUIRE EACH APPLICANT TO DO BOTH OF THE FOLLOWING: 746
(a) DEMONSTRATE THAT THERE ARE NO ZONING RESTRICTIONS, 749
ENVIRONMENTAL REGULATIONS, OR OTHER IMPAIRMENTS TO THE USE OF THE 750
LAND FOR THE PURPOSE INTENDED; 751
(b) PROVIDE A FARM BUSINESS PLAN, INCLUDING AN OVERVIEW OF 754
THE TYPE OF AGRICULTURAL OPERATION THE APPLICANT ANTICIPATES 755
CONDUCTING, AND A MANAGEMENT STRATEGY FOR THE PROJECT. 756
17
(7) INFORM AGRICULTURAL ORGANIZATIONS AND OTHERS IN THE 758
STATE OF THE EXISTENCE OF THE PROGRAM ESTABLISHED UNDER SECTION 759
901.80 OF THE REVISED CODE AND OF THE FINANCIAL ASSISTANCE 760
AVAILABLE UNDER THE PROGRAM;
(8) REPORT TO THE GOVERNOR, PRESIDENT OF THE SENATE, 762
SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND MINORITY LEADERS OF 763
THE SENATE AND THE HOUSE OF REPRESENTATIVES BY THE THIRTIETH DAY 764
OF JUNE OF EACH YEAR ON THE ACTIVITIES CARRIED OUT UNDER THE 765
PROGRAM DURING THE PRECEDING CALENDAR YEAR. THE REPORT SHALL 766
INCLUDE THE NUMBER OF LOANS OR LOAN GUARANTEES MADE THAT YEAR, 767
THE AMOUNT OF EACH LOAN OR LOAN GUARANTEE, THE COUNTY IN WHICH 769
THE LOAN RECIPIENT'S FARM IS LOCATED, AND WHATEVER OTHER 771
INFORMATION THE DIRECTOR DETERMINES IS RELEVANT TO INCLUDE. 772
(9) ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE 776
REVISED CODE ESTABLISHING ALL OF THE FOLLOWING WITH REGARD TO THE 777
PROGRAM:
(a) FORMS AND PROCEDURES BY WHICH ELIGIBLE APPLICANTS MAY 780
APPLY FOR FINANCIAL ASSISTANCE;
(b) CRITERIA FOR REVIEWING, EVALUATING, AND RANKING 783
APPLICATIONS, AND FOR APPROVING APPLICATIONS THAT BEST SERVE THE 784
GOALS OF THE PROGRAM;
(c) REPORTING REQUIREMENTS AND MONITORING PROCEDURES; 787
(d) ITEMS DESCRIBED IN DIVISION (A)(5) OF THIS SECTION; 789
(e) ANY OTHER RULES NECESSARY TO IMPLEMENT AND ADMINISTER 792
THE PROGRAM.
(B) IN ORDER TO BE ELIGIBLE FOR FINANCIAL ASSISTANCE UNDER 795
SECTION 901.80 OF THE REVISED CODE, AN APPLICANT SHALL 797
DEMONSTRATE ALL OF THE FOLLOWING:
(1) THAT THE APPLICANT IS DOMICILED IN THIS STATE; 799
(2) THAT THE APPLICANT IS UNABLE TO OBTAIN REASONABLE 801
FINANCING FROM COMMERCIAL OR AGRICULTURAL LENDING SOURCES; 803
(3) THAT THE APPLICANT HAS THE ABILITY TO REPAY THE LOAN, 805
PRIMARILY FROM THE CASH FLOW OF THE PROPOSED FARMING OPERATION, 806
AND THAT THERE IS ADEQUATE SECURITY FOR THE LOAN; 807
18
(4) THAT THE APPLICANT HAS SUFFICIENT EDUCATION, TRAINING, 809
OR EXPERIENCE IN THE TYPE OF FARMING FOR WHICH THE APPLICANT 810
REQUESTS THE LOAN OR LOAN GUARANTEE. 811
Sec. 901.83. (A) UPON APPROVAL BY THE CONTROLLING BOARD 814
UNDER DIVISION (A)(3) OF SECTION 901.82 OF THE REVISED CODE OF 817
THE RELEASE OF MONEY TO BE USED FOR A LOAN GUARANTEE UNDER THE 818
PROGRAM ESTABLISHED UNDER SECTION 901.80 OF THE REVISED CODE, THE 820
FINANCIAL INSTITUTION PROVIDING THE LOAN AND THE DIRECTOR OF 821
AGRICULTURE SHALL ENTER INTO A CONTRACT OF GUARANTEE ESTABLISHING 822
THE TERMS OF THE GUARANTEE. 823
UNDER THE CONTRACT OF GUARANTEE, THE DIRECTOR OF 825
AGRICULTURE SHALL AGREE TO DEPOSIT WITH THE FINANCIAL INSTITUTION 827
A LOAN GUARANTEE CONSISTING OF MONEY RELEASED BY THE CONTROLLING 828
BOARD FOR THAT PURPOSE, IN AN AMOUNT THAT IS A SPECIFIED 829
PERCENTAGE OF THE AMOUNT LOANED TO THE ELIGIBLE APPLICANT BY THE 830
FINANCIAL INSTITUTION. THE DIRECTOR SHALL AGREE THAT IF THE LOAN 831
RECIPIENT DEFAULTS ON THE LOAN AND THE FINANCIAL INSTITUTION 832
EXHAUSTS ALL LEGAL AND EQUITABLE REMEDIES IN AN ATTEMPT TO OBTAIN 833
COMPLETE REPAYMENT, BUT DOES NOT RECEIVE COMPLETE REPAYMENT, THEN 834
THE LOAN GUARANTEE SHALL BE USED TO REIMBURSE THE FINANCIAL 835
INSTITUTION.
IN EXCHANGE, THE FINANCIAL INSTITUTION SHALL AGREE TO PAY 837
ANNUALLY TO THE DEPARTMENT OF DEVELOPMENT A SPECIFIED PERCENTAGE 838
OF THE AMOUNT OF THE LOAN GUARANTEE, WHICH SHALL BE DEPOSITED 839
INTO THE FAMILY FARM LOAN FUND CREATED IN SECTION 166.031 OF THE 841
REVISED CODE. THE FINANCIAL INSTITUTION ALSO SHALL AGREE TO LEND 842
THE GUARANTEED PORTION OF THE LOAN TO THE ELIGIBLE APPLICANT AT 843
AN INTEREST RATE BELOW CURRENT MARKET RATES THAT REFLECTS THE 844
STATE'S REDUCED INTEREST RATE. 845
(B) A GUARANTEED FINANCIAL INSTITUTION, EXCEPT TO THE 848
EXTENT THAT ITS RIGHTS ARE RESTRICTED BY THE CONTRACT OF 849
GUARANTEE, MAY PROTECT AND ENFORCE, BY ANY SUITABLE FORM OF LEGAL 850
PROCEEDINGS, ANY OF ITS RIGHTS GRANTED UNDER THE LAWS OF THIS 851
STATE OR GRANTED BY THE CONTRACT OF GUARANTEE. SUCH RIGHTS 852
19
INCLUDE THE RIGHT TO COMPEL PERFORMANCE OF ALL DUTIES OF THE 853
DIRECTOR REQUIRED BY THE CONTRACT OF GUARANTEE. THE PERSON WHO 854
IS THE DIRECTOR AT THE TIME THE CONTRACT OF GUARANTEE IS ENTERED 855
INTO OR AT A LATER TIME, AND THE DIRECTOR'S OFFICERS OR 856
EMPLOYEES, ARE NOT LIABLE IN THEIR PERSONAL CAPACITIES ON ANY 857
CONTRACT OF GUARANTEE ENTERED INTO BY THE DIRECTOR. 858
(C) THE TOTAL AMOUNT OF LOAN GUARANTEES PROVIDED TO ANY 861
ONE FINANCIAL INSTITUTION SHALL NOT EXCEED FIVE HUNDRED THOUSAND 862
DOLLARS. FOR THE PURPOSES OF THIS DIVISION, "FINANCIAL 863
INSTITUTION" REFERS TO THE FINANCIAL INSTITUTION AS A WHOLE 864
CORPORATE ENTITY, AND DOES NOT REFER TO A BANKING OFFICE OR 865
BRANCH, AS THOSE TERMS ARE DEFINED IN SECTION 1101.01 OF THE 866
REVISED CODE. 867
Section 2. That existing sections 122.011, 122.23, 122.24, 869
122.25, 122.27, 166.03, and 901.63 of the Revised Code are hereby 871
repealed.
Section 3. Sections 166.031, 901.80, 901.81, 901.82, and 873
901.83 of the Revised Code are hereby repealed, effective June 874
30, 1999.
Section 4. That Sections 47 and 47.15 of Am. Sub. H.B. 215 876
of the 122nd General Assembly be amended to read as follows: 877
"Sec. 47. DEV DEPARTMENT OF DEVELOPMENT 879
General Revenue Fund 881
GRF 195-100 Personal Services $ 2,595,000 $ 2,595,000 886
GRF 195-200 Maintenance $ 625,000 $ 625,000 890
GRF 195-300 Equipment $ 115,000 $ 115,000 894
GRF 195-401 Thomas Edison Program $ 23,250,000 $ 23,696,875 898
GRF 195-404 Small Business 900
Development $ 2,360,000 $ 2,360,000 902
GRF 195-405 Minority Business 904
Development Division $ 2,058,000 $ 2,058,000 906
GRF 195-406 Transitional and 908
Permanent Housing $ 2,859,900 $ 2,864,847 910
GRF 195-407 Travel and Tourism $ 6,450,000 $ 6,450,000 914
20
GRF 195-408 Coal Research 916
Development $ 570,000 $ 582,699 918
GRF 195-410 Defense Conversion 920
Assistance Program $ 1,100,000 $ 2,350,000 922
GRF 195-411 Minority Development 924
Financing Advisory
Board $ 347,760 $ 356,454 926
GRF 195-412 Business Development $ 11,000,000 $ 11,500,000 930
GRF 195-414 First Frontier Match $ 500,000 $ 500,000 934
GRF 195-415 Regional Offices and 936
Economic Development $ 6,663,160 $ 6,718,894 938
GRF 195-416 Governor's Office of 940
Appalachia $ 654,000 $ 654,000 942
GRF 195-417 Urban/Rural 944
Initiative Grant
Program $ 10,000,000 $ 4,000,000 946
GRF 195-422 Technology Action $ 1,000,000 $ 2,000,000 950
GRF 195-423 Miami Valley Center 952
for Information 953
Technologies $ 350,000 $ 650,000 955
GRF 195-431 Community Development 957
Corporation Grants $ 2,500,000 $ 2,600,000 959
GRF 195-432 International Trade $ 5,300,000 $ 5,400,000 963
GRF 195-434 Industrial Training $ 9,937,923 $ 9,600,469 967
GRF 195-436 Labor/Management 969
Cooperation $ 1,200,000 $ 1,200,000 971
GRF 195-440 Emergency Shelter 973
Housing Grants $ 3,014,800 $ 3,017,674 975
GRF 195-441 Low and Moderate 977
Income Housing $ 8,000,000 $ 8,000,000 979
GRF 195-497 State Match - 981
Community Development
Block Grant $ 1,160,000 $ 1,160,000 983
GRF 195-498 State Energy Match $ 100,000 $ 150,000 987
21
GRF 195-501 Appalachian Local 989
Development Districts $ 443,500 $ 443,500 991
GRF 195-502 Appalachian Regional 993
Commission $ 160,000 $ 160,000 995
GRF 195-507 Travel & Tourism 997
Grants $ 1,550,000 $ 1,300,000 999
TOTAL GRF General Revenue Fund $ 105,864,043 $ 103,108,412 1,002
General Services Fund Group 1,005
135 195-605 Supportive Services $ 6,749,805 $ 6,918,701 1,010
442 195-606 Merchandise for 1,012
Resale $ 3,000 $ 3,000 1,014
685 195-636 General Reimbursement $ 1,061,025 $ 1,078,948 1,018
TOTAL GSF General Services Fund 1,019
Group $ 7,813,830 $ 8,000,649 1,022
Federal Special Revenue Fund Group 1,025
308 195-602 Appalachian Regional 1,028
Commission $ 650,000 $ 650,000 1,030
308 195-603 Housing and Urban 1,032
Development $ 31,837,225 $ 32,631,507 1,034
308 195-605 Federal Projects $ 7,871,000 $ 7,871,000 1,038
308 195-609 Federal Projects 1,040
Small Business $ 7,500,000 $ 7,500,000 1,042
3K9 195-611 Home Energy 1,044
Assistance Block
Grant $ 59,417,200 $ 59,492,628 1,046
3L0 195-612 Community Services 1,048
Block Grant $ 16,715,539 $ 17,133,177 1,050
3K8 195-613 Community Development 1,052
Block Grant $ 65,000,000 $ 65,000,000 1,054
3K9 195-614 HEAP Weatherization $ 10,413,818 $ 10,420,948 1,058
308 195-616 Technology Programs $ 500,000 $ 500,000 1,062
308 195-618 Energy Federal Grants $ 1,753,019 $ 1,796,126 1,066
308 195-642 International Trade 1,068
Promotion $ 200,000 $ 0 1,070
22
335 195-610 Oil Overcharge $ 8,500,000 $ 8,500,000 1,074
380 195-622 Housing Development $ 2,584,607 $ 2,634,097 1,078
TOTAL FED Federal Special Revenue 1,079
Fund Group $ 212,942,408 $ 214,129,483 1,082
State Special Revenue Fund Group 1,084
4F2 195-639 State Special 1,087
Projects $ 1,821,569 $ 1,510,913 1,089
4G9 195-633 Travel and Tourism 1,091
Marketing $ 100,000 $ 100,000 1,093
4H4 195-641 First Frontier $ 1,000,000 $ 1,000,000 1,097
4S0 195-630 Enterprise Zone 1,099
Operating $ 275,000 $ 282,000 1,101
4S1 195-634 Job Creation Tax 1,103
Credit Operating $ 225,000 $ 235,000 1,105
4W1 195-646 Minority Business 1,107
Enterprise Loan $ 3,800,000 $ 3,800,000 1,109
444 195-607 Water and Sewer $ 2,300,000 $ 2,300,000 1,113
445 195-617 Housing Finance 1,115
Agency $ 2,950,000 $ 3,022,551 1,117
450 195-624 Minority Business 1,119
Bonding Program
Administration $ 132,381 $ 135,690 1,121
451 195-625 Economic Development 1,123
Financing Operating $ 1,998,433 $ 2,036,868 1,125
611 195-631 Water and Sewer 1,127
Administration $ 44,000 $ 45,000 1,129
646 195-638 Low and Moderate 1,131
Income Housing Trust
Fund $ 18,500,000 $ 20,500,000 1,133
TOTAL SSR State Special Revenue 1,134
Fund Group $ 33,146,383 $ 34,968,022 1,137
Facilities Establishment Fund 1,140
037 195-615 Facilities 1,143
Establishment $ 62,500,000 $ 52,500,000 1,145
23
4Z6 195-647 Rural Industrial Park 1,147
Loan $ 5,000,000 $ 5,000,000 1,149
2,500,000 2,500,000 1,151
5D1 195-649 Port Authority Bond 1,153
Reserves $ 2,500,000 $ 2,500,000 1,155
5D2 195-650 Urban Redevelopment 1,157
Loans $ 10,000,000 $ 20,000,000 1,159
5H1 195-652 FAMILY FARM LOAN $ 2,500,000 $ 2,500,000 1,164
TOTAL 037 Facilities 1,166
Establishment Fund $ 80,000,000 $ 80,000,000 1,169
Coal Research/Development Fund 1,172
046 195-632 Coal Research and 1,175
Development Fund $ 12,000,000 $ 12,000,000 1,177
TOTAL 046 Coal Research/ 1,178
Development Fund $ 12,000,000 $ 12,000,000 1,181
TOTAL ALL BUDGET FUND GROUPS $ 451,766,664 $ 452,206,566 1,184
Sec. 47.15. Facilities Establishment Fund 1,187
The foregoing appropriation item 195-615, Facilities 1,189
Establishment Fund (Fund 037), shall be used for the purposes of 1,190
the Facilities Establishment Fund under Chapter 166. of the 1,192
Revised Code. 1,193
Notwithstanding Chapter 166. of the Revised Code, up to 1,195
$1,600,000 may be transferred each fiscal year from the 1,197
Facilities Establishment Fund (Fund 037) to the Economic 1,198
Development Financing Operating Fund (Fund 451). The transfer is 1,199
subject to Controlling Board approval pursuant to division (B) of 1,201
section 166.03 of the Revised Code. The transfer shall be made 1,202
using an intrastate transfer voucher. 1,203
Notwithstanding Chapter 166. of the Revised Code, up to 1,205
$3,800,000 may be transferred in each fiscal year of the biennium 1,206
from the Facilities Establishment Fund (Fund 037) to the Minority 1,207
Business Enterprise Loan (Fund 4W1). The transfer is subject to 1,209
Controlling Board approval pursuant to division (B) of section 1,210
166.03 of the Revised Code. The transfer shall be made using an 1,211
24
intrastate transfer voucher.
Notwithstanding Chapter 166. of the Revised Code, up to 1,213
$5,000,000 cash may be transferred during the biennium from the 1,214
Facilities Establishment Fund (Fund 037) to the Port Authority 1,215
Bond Reserves Fund (Fund 5D1) for use by any port authority in 1,216
establishing or supplementing bond reserve funds for any bond
issuance permitted under Chapter 4582. of the Revised Code. The 1,217
Director of Development shall develop program guidelines for the 1,218
transfer and release of funds, including, but not limited to, a 1,219
provision that no port authority shall receive more than 1,220
$2,000,000. The transfer and release of funds are subject to 1,221
Controlling Board approval. The transfer shall be made using an
intrastate transfer voucher. Of the foregoing appropriation item 1,223
195-649, Port Authority Bond Reserves, $2,000,000 over the 1,224
biennium, subject to Controlling Board approval, shall go to the 1,225
Cleveland Port Authority to establish or supplement bond reserves 1,226
per the guidelines set forth by the director of development. 1,227
Notwithstanding Chapter 166. of the Revised Code, up to 1,229
$30,000,000 cash may be transferred during the biennium from the 1,230
Facilities Establishment Fund (Fund 037) to the Urban 1,231
Redevelopment Loan Fund (Fund 5D2) for the purpose of removing 1,232
barriers to urban core redevelopment. The Director of
Development shall develop program guidelines for the transfer and 1,233
release of funds, including, but not limited to, the completion 1,234
of all appropriate environmental assessments before state 1,235
assistance is committed to a project. The transfer and release 1,236
of funds are subject to Controlling Board approval. The transfer 1,237
shall be made using an intrastate transfer voucher.
FAMILY FARM LOAN PROGRAM 1,240
NOTWITHSTANDING CHAPTER 166. OF THE REVISED CODE, UP TO 1,242
$2.5 MILLION IN EACH FISCAL YEAR SHALL BE TRANSFERRED FROM MONEYS 1,243
IN THE FACILITY ESTABLISHMENT FUND (FUND 037) INTENDED FOR THE 1,245
RURAL INDUSTRIAL PARK LOAN FUND (FUND 4Z6) TO THE FAMILY FARM 1,247
LOAN FUND (FUND 5H1) IN THE DEPARTMENT OF DEVELOPMENT. THE 1,248
25
TRANSFER IS SUBJECT TO CONTROLLING BOARD APPROVAL. THE TRANSFER 1,250
SHALL BE MADE USING AN INTRASTATE TRANSFER VOUCHER.
LOANS FROM THE FAMILY FARM LOAN FUND WILL BE REPAID TO FUND 1,254
5H1. THIS FUND IS ESTABLISHED IN ACCORDANCE WITH SECTIONS 1,255
166.031, 901.80, 901.81, 901.82, AND 901.83 OF THE REVISED CODE.
WHEN THE FAMILY FARM LOAN FUND (FUND 5H1) CEASES TO EXIST, 1,258
ALL OUTSTANDING BALANCES, ALL LOAN REPAYMENTS, AND ANY OTHER 1,260
OUTSTANDING OBLIGATIONS SHALL REVERT TO THE FACILITIES 1,261
ESTABLISHMENT FUND (FUND 037)."
Section 5. That existing Sections 47 and 47.15 of Am. Sub. 1,263
H.B. 215 of the 122nd General Assembly are hereby repealed. 1,264
Section 6. That Section 3 of Am. Sub. H.B. 440 of the 1,267
121st General Assembly be amended to read as follows:
"Sec. 3. Sections 122.23, 122.24, 122.25, 122.26, and 1,269
122.27 of the Revised Code are hereby repealed, effective January 1,270
1 JUNE 30, 1999." 1,271
Section 7. That existing Section 3 of Am. Sub. H.B. 440 of 1,273
the 121st General Assembly is hereby repealed. 1,274
Section 8. The codified and uncodified sections of law 1,276
contained in this act are not subject to the referendum. 1,277
Therefore, under Ohio Constitution, Article II, Section 1d, and 1,278
section 1.471 of the Revised Code, these codified and uncodified 1,279
sections go into immediate effect when this act becomes law. 1,280