As Passed by the House 1
122nd General Assembly 4
Regular Session Am. 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
ALLEN-PATTON-VERICH-SALERNO-JOLIVETTE-BRITTON-BRADING- 12
KRUPINSKI-O'BRIEN-WINKLER-ROBERTS-WACHTMANN 13
15
A B I L L
To amend sections 122.011, 122.23, 122.24, 122.25, 17
122.27, 166.03, and 901.63 and to enact sections 19
166.031 and 901.80 to 901.83 of the Revised Code 20
and to amend Sections 47 and 47.15 of Am. Sub. 21
H.B. 215 of the 122nd General Assembly and 22
Section 3 of Am. Sub. H.B. 440 of the 121st 23
General Assembly to create the Family Farm Loan 24
Program in the Department of Agriculture and to 25
create the Family Farm Loan Fund in the 26
Department of Development to promote agricultural 27
development, to make changes to the Rural 28
Industrial Park Loan Program, to terminate the 29
provisions of this act establishing the Family 30
Farm Loan Program and creating the Family Farm 31
Loan Fund on June 30, 1999, by repealing sections 32
166.031, 901.80, 901.81, 901.82, and 901.83 of 33
the Revised Code on that date, to extend the date 35
on which the Rural Industrial Park Loan Program 36
terminates from January 1, 1999 to June 30, 1999, 37
by repealing sections 122.23, 122.24, 122.25, 38
122.26, and 122.27 of the Revised Code on June 39
30, 1999, and to make an appropriation. 40
2
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 42
Section 1. That sections 122.011, 122.23, 122.24, 122.25, 44
122.27, 166.03, and 901.63 be amended and sections 166.031, 46
901.80, 901.81, 901.82, and 901.83 of the Revised Code be enacted 48
to read as follows:
Sec. 122.011. (A) The department of development shall 57
develop and promote plans and programs designed to assure that 58
state resources are efficiently used, economic growth is properly 59
balanced, community growth is developed in an orderly manner, and 60
local governments are coordinated with each other and the state, 61
and for such purposes may do all of the following: 62
(1) Serve as a clearinghouse for information, data, and 64
other materials that may be helpful or necessary to persons or 65
local governments, as provided in section 122.07 of the Revised 66
Code; 67
(2) Prepare and activate plans for the retention, 69
development, expansion, and use of the resources and commerce of 70
the state, as provided in section 122.04 of the Revised Code; 71
(3) Assist and cooperate with federal, state, and local 73
governments and agencies of federal, state, and local governments 75
in the coordination of programs to carry out the functions and
duties of the department; 76
(4) Encourage and foster research and development 78
activities, conduct studies related to the solution of community 79
problems, and develop recommendations for administrative or 80
legislative actions as provided in section 122.03 of the Revised 81
Code; 82
(5) Serve as the economic and community development 84
planning agency, which shall prepare and recommend plans and 85
programs for the orderly growth and development of this state and 86
which shall provide planning assistance, as provided in section 87
122.06 of the Revised Code; 88
(6) Cooperate with and provide technical assistance to 90
state departments, political subdivisions, regional and local 91
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planning commissions, tourist associations, councils of 92
government, community development groups, community action 93
agencies and other appropriate organizations for carrying out the 94
functions and duties of the department or for the solution of 95
community problems. 96
(7) Coordinate the activities of state agencies that have 98
an impact on carrying out the functions and duties of the 99
department; 100
(8) Encourage and assist the efforts of and cooperate with 102
local governments to develop mutual and cooperative solutions to 103
their common problems that relate to carrying out the purposes of 104
this section; 105
(9) Study existing structure, operations, financing of 107
regional or local government and those state activities that 108
involve significant relations with regional or local governmental 109
units, recommend to the governor and to the general assembly such 110
changes in these provisions and activities as will improve the 111
operations of regional or local government, and conduct other 112
studies of legal provisions that affect problems related to 113
carrying out the purposes of this section; 114
(10) Appoint, with the approval of the governor, technical 117
and other advisory councils as it considers appropriate, as 118
provided in section 122.09 of the Revised Code;
(11) Create and operate a division of community 120
development to develop and administer programs and activities 121
that are authorized by federal statute or the Revised Code; 122
(12) UNTIL JUNE 30, 1999, REVIEW, ANALYZE, AND SUMMARIZE 125
APPLICATIONS AND INFORMATION REGARDING THE FAMILY FARM LOAN 126
PROGRAM FORWARDED TO THE DEPARTMENT BY A FINANCIAL INSTITUTION 127
PURSUANT TO SECTION 901.81 OF THE REVISED CODE, AND FORWARD THE 130
APPLICATIONS, INFORMATION, ANALYSES, AND SUMMARIES TO THE 131
DIRECTOR OF AGRICULTURE; 132
(13) UNTIL JUNE 30, 1999, ESTABLISH FEES AND CHARGES, IN 134
CONSULTATION WITH THE DIRECTOR OF AGRICULTURE, FOR LOANS AND LOAN 136
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GUARANTEES PROVIDED UNDER THE FAMILY FARM LOAN PROGRAM CREATED 138
UNDER SECTIONS 901.80 TO 901.83 OF THE REVISED CODE;
(14) PROVIDE LOAN SERVICING FOR THE LOANS AND LOAN 140
GUARANTEES PROVIDED UNDER SECTION 901.80 OF THE REVISED CODE AS 141
SUCH SECTION EXISTED PRIOR TO JUNE 30, 1999; 142
(15) UNTIL JUNE 30, 1999, AND UPON APPROVAL BY THE 145
CONTROLLING BOARD UNDER DIVISION (A)(3) OF SECTION 901.82 OF THE 146
REVISED CODE OF THE RELEASE OF MONEY TO BE USED FOR A LOAN OR 149
LOAN GUARANTEE, REQUEST THE RELEASE OF SUCH MONEY IN ACCORDANCE 150
WITH DIVISION (B) OF SECTION 166.03 OF THE REVISED CODE FOR USE 153
FOR THE PURPOSES OF THE FUND CREATED BY SECTION 166.031 OF THE 155
REVISED CODE.
(B) The department shall, by rule, SHALL establish 157
criteria defining nonprofit corporations that are eligible for 158
appointment as qualified agents pursuant to sections 135.81 to 159
135.88 of the Revised Code. The criteria shall require that a 160
corporation be organized pursuant to Chapter 1702. of the Revised 161
Code and have as its primary purpose the promotion of economic 162
development or the creation or retention of jobs and job 163
opportunities. The criteria may include a specification as to 164
the professional qualifications of the corporation employees, a 165
minimum elapsed period of time since the corporation was 166
organized, current and former activities of the corporation, and 167
such other criteria reasonably related to the foregoing that 168
relate to the ability of the corporation to act as a qualified 169
agent for the purposes of sections 135.51 to 135.88 of the 170
Revised Code.
(C) The director of development may request the attorney 172
general to, and the attorney general shall, in accordance with 173
section 109.02 of the Revised Code, SHALL bring a civil action in 175
any court of competent jurisdiction. The director may be sued in 176
the director's official capacity, in connection with this
chapter, in accordance with Chapter 2743. of the Revised Code. 177
Sec. 122.23. As used in sections 122.23 to 122.27 of the 186
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Revised Code:
(A) "Distressed area" means a county with a population of 188
less than one hundred twenty-five thousand that meets at least 189
two of the following criteria of economic distress: 190
(1) Its average rate of unemployment, during the most 192
recent five-year period for which data are available, is equal to 194
at least one hundred twenty-five per cent of the average rate of 195
unemployment for the United States for the same period.
(2) It has a per capita income equal to or below eighty 197
per cent of the median county per capita income of the United 199
States as determined by the most recently available figures from
the United States census bureau. 200
(3) In intercensal years, the county has a ratio of 202
transfer payment income to total county income equal to or 203
greater than twenty-five per cent.
(B) "Eligible applicant" means any of the following that 206
is designated by the governing body of an eligible area as 207
provided in division (B)(1) of section 122.27 of the Revised 208
Code:
(1) A port authority as defined in division (A) of section 210
4581.01 4582.01 or division (A) of section 4582.21 of the Revised 211
Code;
(2) A community improvement corporation as defined in 213
section 1724.01 of the Revised Code; 214
(3) A community-based organization or action group that 216
provides social services and has experience in economic 217
development;
(4) Any other nonprofit economic development entity; 219
(5) A PRIVATE DEVELOPER THAT PREVIOUSLY HAS NOT RECEIVED 221
FINANCIAL ASSISTANCE UNDER SECTION 122.24 OF THE REVISED CODE AND 222
THAT HAS EXPERIENCE AND A SUCCESSFUL HISTORY IN INDUSTRIAL 223
DEVELOPMENT.
(C) "Eligible area" means a distressed area, a labor 226
surplus area, or a situational distress area, as designated 227
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annually by the director of development pursuant to division (A) 228
of section 122.25 of the Revised Code.
(D) "Labor surplus area" means an area designated as a 230
labor surplus area by the United States department of labor. 231
(E) "Official poverty line" has the same meaning as in 233
division (A) of section 3923.51 of the Revised Code. 234
(F) "Situational distress area" means a county that has a 236
population of less than one hundred twenty-five thousand persons, 237
or a municipal corporation in such a county, that has experienced 238
or is experiencing a closing or downsizing of a major employer 240
that will adversely affect the county's or municipal
corporation's economy. In order to be designated as a 241
situational distress area for a period not to exceed thirty-six 242
months, the county or municipal corporation may petition the 243
director of development. The petition shall include 244
documentation that demonstrates all of the following: 245
(1) The number of jobs lost by the closing or downsizing; 248
(2) The impact that the job loss has on the county's or 250
municipal corporation's unemployment rate as measured by the Ohio 252
bureau of employment services;
(3) The annual payroll associated with the job loss; 254
(4) The amount of state and local taxes associated with 256
the job loss; 257
(5) The impact that the closing or downsizing has on the 259
suppliers located in the rural county or municipal corporation. 260
(G) "Governing body" means, in the case of a county, the 263
board of county commissioners; in the case of a municipal
corporation, the legislative authority; and in the case of a 264
township, the board of township trustees. 265
(H) "Infrastructure improvements" includes site 268
preparation, including building demolition and removal; retention 269
ponds and flood and drainage improvements; streets, roads, 270
bridges, and traffic control devices; parking lots and
facilities; water and sewer lines and treatment plants; gas, 271
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electric, and telecommunications hook-ups; and waterway and 272
railway access improvements.
(I) "PRIVATE DEVELOPER" MEANS ANY INDIVIDUAL, FIRM, 274
CORPORATION, OR ENTITY, OTHER THAN A NONPROFIT ENTITY, LIMITED 275
PROFIT ENTITY, OR GOVERNMENTAL ENTITY. 276
Sec. 122.24. To promote economic development in rural 285
areas and to improve the economic welfare of the people of the 286
state, the director of development shall administer the rural 287
industrial park loan program, which is hereby established in 288
accordance with Ohio Constitution, Article VIII, Section 13, to 289
assist eligible applicants in financing the development and 291
improvement of industrial parks by providing financial assistance 292
in the form of loans and loan guarantees for land acquisition; 293
constructing, reconstructing, rehabilitating, remodeling,
renovating, enlarging, or improving industrial park buildings; 294
and infrastructure improvements. 295
This program shall not be used to compete against existing 297
Ohio industrial parks. 298
An eligible applicant receiving assistance under the rural 300
industrial park program is not precluded from further 301
participation in this or any other department of development 302
financial program, EXCEPT THAT A PRIVATE DEVELOPER THAT 303
PREVIOUSLY HAS RECEIVED FINANCIAL ASSISTANCE UNDER THIS SECTION
IS PRECLUDED FROM FURTHER PARTICIPATION IN THE RURAL INDUSTRIAL 304
PARK LOAN PROGRAM. 305
Sec. 122.25. (A) In administering the program established 315
under section 122.24 of the Revised Code, the director of 316
development shall do all of the following: 317
(1) Annually designate, by the first day of January of 319
each year, the entities that constitute the eligible areas in 320
this state as defined in section 122.23 of the Revised Code; 321
(2) Inform local governments and others in the state of 323
the availability of the program and financial assistance 324
established under sections 122.23 to 122.27 of the Revised Code; 326
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(3) Report to the governor, president of the senate, 329
speaker of the house of representatives, and minority leaders of
the senate and the house of representatives by the thirtieth day 331
of June of each year on the activities carried out under the 332
program during the preceding calendar year. The report shall 333
include the number of loans made that year and the amount and 334
recipient of each loan.
(4) Work in conjunction with conventional lending 336
institutions, local revolving loan funds, private investors, and 337
other private and public financing sources to provide loans or 338
loan guarantees to eligible applicants; 339
(5) Establish fees, charges, interest rates, payment 341
schedules, local match requirements, and other terms and 343
conditions for loans and loan guarantees provided under the loan
program created by section 122.24 of the Revised Code; 345
(6) Require each applicant to demonstrate the suitability 347
of any site for the assistance sought; that the site has been 348
surveyed, has adequate or available utilities, and that there are 349
no zoning restrictions, environmental regulations, or other 350
matters impairing the use of the site for the purpose intended; 351
(7) Require each applicant to provide a marketing plan and 353
management strategy for the project; 354
(8) Adopt rules in accordance with Chapter 119. of the 356
Revised Code establishing all of the following: 357
(a) Forms and procedures by which eligible applicants may 360
apply for assistance;
(b) Criteria for reviewing, evaluating, and ranking 363
applications, and for approving applications that best serve the
goals of the program; 364
(c) Reporting requirements and monitoring procedures; 367
(d) GUIDELINES REGARDING SITUATIONS IN WHICH INDUSTRIAL 369
PARKS WOULD BE CONSIDERED TO COMPETE AGAINST ONE ANOTHER FOR THE 370
PURPOSES OF DIVISION (B)(2) OF SECTION 122.27 OF THE REVISED 371
CODE;
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(e) Any other rules necessary to implement and administer 374
the program created by section 122.24 of the Revised Code. 375
(B) The director may adopt rules in accordance with 378
Chapter 119. of the Revised Code establishing requirements 379
governing the use of any industrial park site receiving 380
assistance under section 122.24 of the Revised Code, such that a 382
certain portion of the site must be used for manufacturing, 383
distribution, high technology, research and development, or other 384
businesses wherein a majority of the product or service produced 385
is exported out of the state.
(C) As a condition to receiving assistance under section 387
122.24 of the Revised Code, and except as provided in division 388
(D) of this section, an applicant must agree, for a period of 389
five years, not to permit the use of a site that is developed or 390
improved with such assistance to cause the relocation of jobs to 391
that site from elsewhere in Ohio. 392
(D) A site developed or improved with assistance under 395
section 122.24 of the Revised Code may be the site of jobs 396
relocated from elsewhere in Ohio if the director of development 398
does all of the following:
(1) Makes a written determination that the site from which 400
the jobs would be relocated is inadequate to meet market or 402
industry conditions, expansion plans, consolidation plans, or
other business considerations affecting the relocating employer; 403
(2) Provides a copy of the determination required by 406
division (D)(1) of this section to the members of the general 407
assembly whose legislative districts include the site from which 408
the jobs would be relocated, and to the joint legislative
committee on tax incentives; 409
(3) Determines that the governing body of the area from 411
which the jobs would be relocated has been notified in writing by 412
the relocating company of the possible relocation. 413
(E) The director of development must obtain the approval 415
of the controlling board for any loan or loan guarantee provided 416
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under sections 122.23 to 122.27 of the Revised Code. 417
Sec. 122.27. (A) In order to be eligible for financial 427
assistance under section 122.24 of the Revised Code, the 429
applicant shall demonstrate to the director of development the 431
applicant's capacity to undertake and oversee the project, as
evidenced by documentation of the applicant's past performance in 432
economic development projects. 433
(B) In order for an applicant to be eligible for financial 436
assistance under section 122.24 of the Revised Code, BOTH OF the 437
FOLLOWING APPLY:
(1) THE governing body of the entity that has been 439
designated as an eligible area by the director of development 440
under division (A) of section 122.25 of the Revised Code, by 441
resolution or ordinance, shall designate the applicant that will 442
carry out the project for the purposes described in section 443
122.24 of the Revised Code, and specify the eligible area's 444
financial participation in the project; 445
(2) THE BOARD OF COUNTY COMMISSIONERS OF A COUNTY THAT HAS 447
BEEN DESIGNATED AS AN ELIGIBLE AREA BY THE DIRECTOR OF 448
DEVELOPMENT UNDER DIVISION (A)(1) OF SECTION 122.25 OF THE 450
REVISED CODE SHALL CERTIFY, BY RESOLUTION, THAT NO EXISTING
INDUSTRIAL PARK IS LOCATED IN THE COUNTY THAT WOULD COMPETE 451
AGAINST AN INDUSTRIAL PARK THAT WOULD BE DEVELOPED AND IMPROVED 452
IN THE COUNTY THROUGH THE USE OF FINANCIAL ASSISTANCE PROVIDED TO 453
THE APPLICANT UNDER THE RURAL INDUSTRIAL PARK LOAN PROGRAM. 454
GUIDELINES REGARDING SITUATIONS IN WHICH INDUSTRIAL PARKS WOULD 455
BE CONSIDERED TO COMPETE AGAINST ONE ANOTHER SHALL BE ESTABLISHED 456
BY RULE IN ACCORDANCE WITH DIVISION (A)(8)(d) OF SECTION 122.25 458
OF THE REVISED CODE.
(C) Solely for the purpose of applying for assistance for 461
infrastructure improvements, a governing body may designate
itself as an eligible applicant. 462
Sec. 166.03. (A) There is hereby created the facilities 471
establishment fund within the state treasury, consisting of 472
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proceeds from the issuance of obligations as specified under 473
section 166.08 of the Revised Code; the moneys received by the 474
state from the sources specified in section 166.09 of the Revised 475
Code; service charges imposed under sections 166.06 and 166.07 of 476
the Revised Code; any grants, gifts, or contributions of moneys 477
received by the director of development to be used for loans made 478
under section 166.07 of the Revised Code or for the payment of 479
the allowable costs of project facilities; and all other moneys 480
appropriated or transferred to the fund. Moneys in the loan 481
guarantee fund in excess of four per cent of the unpaid principal 482
amount of loan repayments guaranteed under section 166.06 of the 483
Revised Code, but subject to the provisions and requirements of 484
any guarantee contracts, may be transferred to the facilities 485
establishment fund by the treasurer of state upon the order of 486
the director of development. Moneys received by the state under 487
Chapter 122. of the Revised Code, to the extent allocable to the 488
utilization of moneys derived from proceeds of the sale of 489
obligations pursuant to section 166.08 of the Revised Code, shall 490
be credited to the facilities establishment fund. 491
(B) All moneys appropriated or transferred to the 493
facilities establishment fund may be released at the request of 494
the director for payment of allowable costs or the making of 495
loans under this chapter, for transfer to the loan guarantee fund 496
established in section 166.06 of the Revised Code, or for use for 497
the purpose of or transfer to the funds established by sections 499
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 501
122.26 AND 166.031 of the Revised Code, but only for such of 502
those purposes as are within the authorization of Section 13 of 503
Article VIII, Ohio Constitution, in all cases subject to the 504
approval of the controlling board. 505
(C) Moneys transferred to the facilities establishment 507
fund under section 3734.82 of the Revised Code shall be used 508
exclusively for eligible projects that recover or recycle energy 509
12
from scrap tires, as "scrap tires" is defined in section 3734.01 510
of the Revised Code, for any of the following purposes: 511
(1) Making loans under this chapter; 513
(2) Making grants; 515
(3) Providing other incentives, including, without 517
limitation, entering into contracts with private entities to 518
conduct environmental studies or tests for eligible projects that 519
propose to recover energy from scrap tires. 520
The director shall adopt rules under division (B)(9) of 522
section 166.02 of the Revised Code for the purpose of 523
administering this division. 524
(D) The department of development, in the administration 526
of the facilities establishment fund, is encouraged to utilize 527
and promote the utilization of, to the maximum practicable 528
extent, the other existing programs, business incentives, and tax 529
incentives that department is required or authorized to 530
administer or supervise. 531
Sec. 166.031. THE FAMILY FARM LOAN FUND IS HEREBY CREATED 534
IN THE STATE TREASURY FOR THE PURPOSES OF THE PROGRAM ESTABLISHED 535
IN SECTIONS 901.80 TO 901.83 OF THE REVISED CODE. THE DIRECTOR 536
OF DEVELOPMENT SHALL DEPOSIT MONEY RECEIVED FOR THOSE PURPOSES TO 537
THE CREDIT OF THE FUND. 538
Sec. 901.63. (A) The agricultural financing commission 547
SHALL DO BOTH OF THE FOLLOWING UNTIL JUNE 30, 1999: 548
(1) MAKE RECOMMENDATIONS TO THE DIRECTOR OF AGRICULTURE 550
ABOUT FINANCIAL ASSISTANCE APPLICATIONS MADE PURSUANT TO SECTIONS 551
901.80 TO 901.83 OF THE REVISED CODE. IN MAKING ITS 552
RECOMMENDATIONS, THE COMMISSION SHALL UTILIZE CRITERIA 553
ESTABLISHED BY RULES ADOPTED UNDER DIVISION (A)(8)(b) OF SECTION 555
901.82 OF THE REVISED CODE. 557
(2) ADVISE THE DIRECTOR IN THE ADMINISTRATION OF SECTIONS 559
901.80 TO 901.83 OF THE REVISED CODE. 560
WITH RESPECT TO SECTIONS 901.80 TO 901.83 OF THE REVISED 564
CODE, THE ROLE OF THE COMMISSION IS SOLELY ADVISORY. NO OFFICER, 565
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MEMBER, OR EMPLOYEE OF THE COMMISSION IS LIABLE FOR DAMAGES IN A 566
CIVIL ACTION FOR ANY INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY 568
THAT ALLEGEDLY ARISES OUT OF ANY LOAN OR LOAN GUARANTEE, FAILURE 569
TO GRANT A LOAN OR LOAN GUARANTEE, OR FAILURE TO TAKE ACTION 570
UNDER SECTIONS 901.80 TO 901.83 OF THE REVISED CODE, OR THAT 572
ALLEGEDLY ARISES OUT OF ANY ACT OR OMISSION OF THE DEPARTMENT OF 573
AGRICULTURE THAT INVOLVES THOSE SECTIONS. 574
(B) THE COMMISSION may: 576
(A)(1) Adopt bylaws for the conduct of its business; 578
(B)(2) Exercise all rights, powers, and duties conferred 580
on the commission as an issuer under Chapter 902. of the Revised 581
Code; 582
(C)(3) Contract with, retain, or designate financial 584
consultants, accountants, and such other consultants and 585
independent contractors as the commission may determine to be 586
necessary or appropriate to carry out the purposes of this 587
chapter and to fix the terms thereof OF THOSE CONTRACTS; 588
(D)(4) Undertake and carry out or authorize the completion 590
of studies and analyses of agricultural conditions and needs 591
within the state relevant to the purpose of this chapter to the 592
extent not otherwise undertaken by other departments or agencies 593
of the state satisfactory for such purpose; 594
(E)(5) Acquire by gift, purchase, foreclosure, or other 596
means, and hold, assign, pledge, lease, transfer, or otherwise 597
dispose of real and personal property, or any interest therein IN 598
THAT REAL AND PERSONAL PROPERTY, in the exercise of its powers 600
and the performance of its duties under this chapter and Chapter 601
902. of the Revised Code;
(F)(6) Receive and accept gifts, grants, loans, or any 603
other financial or other form of aid from any federal, state, 604
local, or private agency or fund and enter into any contract with 605
any such agency or fund in connection therewith, and receive and 606
accept aid or contributions from any other source of money, 607
property, labor or things of value, to be held, used, and applied 608
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only for the purposes for which such grants and contributions are 609
made, all within the purposes of this chapter and Chapter 902. of 610
the Revised Code; 611
(G)(7) Sue and be sued in its own name with respect to its 613
contracts or to enforce this chapter or its obligations or 614
covenants made under this chapter and Chapter 902. of the Revised 615
Code; 616
(H)(8) Make and enter into all contracts, commitments, and 618
agreements, and execute all instruments necessary or incidental 619
to the performance of its duties and the execution of its powers 620
under this chapter and Chapter 902. of the Revised Code; 621
(I)(9) Adopt an official seal; 623
(J)(10) Do any and all things necessary or appropriate to 625
carry out the public purposes and exercise the powers granted to 626
the commission in this chapter and Chapter 902. of the Revised 627
Code and the public purposes of Section 13 of Article VIII, Ohio 628
Constitution. 629
Sec. 901.80. TO PROMOTE ECONOMIC OPPORTUNITY FOR PERSONS 632
WHO DESIRE TO ENGAGE IN AGRICULTURAL PRODUCTION, TO ENHANCE THE 633
ECONOMIC VIABILITY OF THE STATE'S AGRICULTURAL AREAS, TO HELP 634
PROVIDE THE STATE'S AGRIBUSINESSES WITH THE FARM PRODUCTS 635
NECESSARY FOR THEIR OPERATIONS, AND TO IMPROVE THE ECONOMIC 636
WELFARE OF THE PEOPLE OF THE STATE, THE DIRECTOR OF AGRICULTURE 637
SHALL ADMINISTER THE FAMILY FARM LOAN PROGRAM, WHICH IS HEREBY 638
ESTABLISHED IN ACCORDANCE WITH SECTION 13 OF ARTICLE VIII, OHIO 640
CONSTITUTION, TO ASSIST ELIGIBLE APPLICANTS BY PROVIDING 641
FINANCIAL ASSISTANCE IN THE FORM OF LOANS AND LOAN GUARANTEES FOR 643
LAND ACQUISITION; CONSTRUCTING, RECONSTRUCTING, REHABILITATING, 644
REMODELING, RENOVATING, ENLARGING, OR IMPROVING AGRICULTURAL 645
BUILDINGS; AND ACQUIRING MACHINERY AND EQUIPMENT TO BE USED IN
AGRICULTURE. 646
FINANCIAL ASSISTANCE PROVIDED UNDER THE FAMILY FARM LOAN 648
PROGRAM SHALL NOT BE USED AS WORKING CAPITAL OR FOR REFINANCING, 650
FINANCING INVENTORY OR RECEIVABLES, SPECULATIVE REAL ESTATE 651
15
DEVELOPMENT, RELOCATION COSTS, OR THE PURCHASE OF ROLLING STOCK 652
OR LIVESTOCK.
AN ELIGIBLE APPLICANT RECEIVING FINANCIAL ASSISTANCE UNDER 654
THE FAMILY FARM LOAN PROGRAM IS NOT PRECLUDED FROM FURTHER 655
PARTICIPATION IN THIS OR ANY OTHER STATE FINANCIAL PROGRAM. 657
Sec. 901.81. (A) AS USED IN THIS SECTION AND SECTIONS 660
901.82 AND 901.83 OF THE REVISED CODE: 662
(1) "FINANCIAL INSTITUTION" MEANS ANY BANKING CORPORATION, 665
TRUST COMPANY, INSURANCE COMPANY, SAVINGS AND LOAN ASSOCIATION, 666
BUILDING AND LOAN ASSOCIATION, OR CORPORATION, PARTNERSHIP, 667
FEDERAL LENDING FOUNDATION, OR OTHER INSTITUTION ENGAGED IN 668
LENDING OR INVESTING FUNDS FOR AGRICULTURAL OR OTHER BUSINESS 669
PURPOSES.
(2) "ELIGIBLE APPLICANT" MEANS A PERSON WHO SATISFIES ALL 672
THE CRITERIA ENUMERATED IN DIVISION (B) OF SECTION 901.82 OF THE 673
REVISED CODE. 675
(B) A FINANCIAL INSTITUTION THAT WISHES TO PARTICIPATE IN 678
THE PROGRAM ESTABLISHED UNDER SECTION 901.80 OF THE REVISED CODE 681
SHALL ACCEPT AND REVIEW APPLICATIONS FOR LOANS FROM ELIGIBLE 682
APPLICANTS. FORMS AND PROCEDURES INVOLVED IN THE APPLICATION 683
PROCESS SHALL COMPLY WITH RULES ADOPTED UNDER DIVISION (A)(8)(a) 685
OF SECTION 901.82 OF THE REVISED CODE. THE FINANCIAL INSTITUTION 689
SHALL APPLY ALL USUAL LENDING STANDARDS TO DETERMINE THE 690
CREDITWORTHINESS OF EACH ELIGIBLE APPLICANT, INCLUDING WHETHER 691
THE ELIGIBLE APPLICANT HAS THE ABILITY TO REPAY THE LOAN AND 692
WHETHER ADEQUATE SECURITY EXISTS FOR THE LOAN.
THE FINANCIAL INSTITUTION SHALL FORWARD TO THE DEPARTMENT 694
OF DEVELOPMENT THE COMPLETED LOAN APPLICATION OF AN ELIGIBLE 695
APPLICANT WHOM THE FINANCIAL INSTITUTION HAS DETERMINED TO BE 696
CREDITWORTHY, ALONG WITH THE FARM BUSINESS PLAN AND MANAGEMENT 697
STRATEGY REQUIRED BY DIVISION (A)(5) OF SECTION 901.82 OF THE 698
REVISED CODE, AND ANY OTHER INFORMATION REQUIRED BY RULES ADOPTED 700
UNDER DIVISION (A)(8) OF SECTION 901.82 OF THE REVISED CODE. IF 703
A LOAN GUARANTEE IS INVOLVED, THE FINANCIAL INSTITUTION ALSO 704
16
SHALL FORWARD A REQUEST BY THE FINANCIAL INSTITUTION TO ENTER 705
INTO A CONTRACT OF GUARANTEE DESCRIBED IN SECTION 901.83 OF THE 707
REVISED CODE. 708
THE DEPARTMENT OF DEVELOPMENT SHALL PROCEED WITH THE LOAN 710
APPLICATION IN ACCORDANCE WITH DIVISION (A)(11) OF SECTION 712
122.011 OF THE REVISED CODE. 714
Sec. 901.82. (A) IN ADMINISTERING THE PROGRAM ESTABLISHED 717
UNDER SECTION 901.80 OF THE REVISED CODE, THE DIRECTOR OF 719
AGRICULTURE SHALL DO ALL OF THE FOLLOWING:
(1) RECEIVE APPLICATIONS FOR FINANCIAL ASSISTANCE 721
FORWARDED TO THE DIRECTOR BY THE DEPARTMENT OF DEVELOPMENT, AND, 722
AFTER PROCESSING, FORWARD THEM TO THE AGRICULTURAL FINANCING 723
COMMISSION TOGETHER WITH NECESSARY SUPPORTING INFORMATION; 725
(2) RECEIVE THE RECOMMENDATIONS OF THE COMMISSION MADE 727
UNDER DIVISION (A)(1) OF SECTION 901.63 OF THE REVISED CODE AND 730
MAKE A FINAL DETERMINATION WHETHER TO APPROVE THE APPLICATION FOR 731
FINANCIAL ASSISTANCE;
(3) TRANSMIT THE DIRECTOR'S DETERMINATIONS TO APPROVE 733
ASSISTANCE TO THE CONTROLLING BOARD TOGETHER WITH ANY INFORMATION 735
THE CONTROLLING BOARD REQUIRES FOR ITS REVIEW AND ITS DECISION 736
WHETHER TO APPROVE THE RELEASE OF MONEY FOR THE FINANCIAL
ASSISTANCE; 737
(4) WORK IN CONJUNCTION WITH FINANCIAL INSTITUTIONS AND 740
OTHER PRIVATE AND PUBLIC FINANCING SOURCES TO PROVIDE LOANS OR 741
LOAN GUARANTEES TO ELIGIBLE APPLICANTS;
(5) REQUIRE EACH APPLICANT TO PROVIDE A FARM BUSINESS 743
PLAN, INCLUDING AN OVERVIEW OF THE TYPE OF AGRICULTURAL OPERATION 744
THE APPLICANT ANTICIPATES CONDUCTING, AND A MANAGEMENT STRATEGY 745
FOR THE PROJECT; 746
(6) INFORM AGRICULTURAL ORGANIZATIONS AND OTHERS IN THE 748
STATE OF THE EXISTENCE OF THE PROGRAM ESTABLISHED UNDER SECTION 749
901.80 OF THE REVISED CODE AND OF THE FINANCIAL ASSISTANCE 750
AVAILABLE UNDER THE PROGRAM;
(7) REPORT TO THE GOVERNOR, PRESIDENT OF THE SENATE, 752
17
SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND MINORITY LEADERS OF 753
THE SENATE AND THE HOUSE OF REPRESENTATIVES BY THE THIRTIETH DAY 754
OF JUNE OF EACH YEAR ON THE ACTIVITIES CARRIED OUT UNDER THE 755
PROGRAM DURING THE PRECEDING CALENDAR YEAR. THE REPORT SHALL 756
INCLUDE THE NUMBER OF LOANS OR LOAN GUARANTEES MADE THAT YEAR, 757
THE AMOUNT OF EACH LOAN OR LOAN GUARANTEE, THE COUNTY IN WHICH 759
THE LOAN RECIPIENT'S FARM IS LOCATED, AND WHATEVER OTHER 761
INFORMATION THE DIRECTOR DETERMINES IS RELEVANT TO INCLUDE. 762
(8) ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE 766
REVISED CODE ESTABLISHING ALL OF THE FOLLOWING WITH REGARD TO THE 767
PROGRAM:
(a) FORMS AND PROCEDURES BY WHICH ELIGIBLE APPLICANTS MAY 770
APPLY FOR FINANCIAL ASSISTANCE;
(b) CRITERIA FOR REVIEWING, EVALUATING, AND RANKING 773
APPLICATIONS, AND FOR APPROVING APPLICATIONS THAT BEST SERVE THE 774
GOALS OF THE PROGRAM;
(c) REPORTING REQUIREMENTS AND MONITORING PROCEDURES; 777
(d) INTEREST RATES, PAYMENT SCHEDULES, LOAN TRANSFER 779
PROVISIONS, PENALTIES, INCLUDING PENALTIES FOR THE CONVERSION OF 780
LAND DEVOTED EXCLUSIVELY TO AGRICULTURAL USE AS DEFINED IN 781
SECTION 5713.30 OF THE REVISED CODE, AND OTHER TERMS AND
CONDITIONS FOR LOANS AND LOAN GUARANTEES PROVIDED UNDER THE 782
PROGRAM;
(e) CRITERIA FOR DETERMINING WHETHER THE LOCATION AT WHICH 784
THE APPLICANT PROPOSES TO USE LOAN MONEY PROVIDED UNDER THE 785
PROGRAM IS IN AN AREA IN WHICH AGRICULTURE IS THE PRIMARY LAND 786
USE AT THE TIME THE APPLICATION IS MADE AND WHETHER THE LAND AT 787
THAT LOCATION REASONABLY MAY NOT BE EXPECTED TO BE CONVERTED TO A 788
NONAGRICULTURAL USE DURING THE PERIOD OF TIME THAT THE
APPLICANT'S OBLIGATION TO REPAY THE LOAN REMAINS OUTSTANDING; 789
(f) 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
18
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
(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
(5) THAT THERE ARE NO ZONING RESTRICTIONS, ENVIRONMENTAL 813
REGULATIONS, OR OTHER IMPAIRMENTS TO THE USE OF THE LAND FOR THE 814
PURPOSE INTENDED;
(6) THAT THE LOCATION AT WHICH THE APPLICANT PROPOSES TO 816
USE THE LOAN MONEY IS IN AN AREA IN WHICH AGRICULTURE IS THE 817
PRIMARY LAND USE AT THE TIME THE APPLICATION IS MADE AND THAT THE 818
LAND AT THAT LOCATION REASONABLY MAY NOT BE EXPECTED TO BE 819
CONVERTED TO A NONAGRICULTURAL USE DURING THE PERIOD OF TIME THAT 820
THE APPLIANT'S OBLIGATION TO REPAY THE LOAN REMAINS OUTSTANDING.
IN DEMONSTRATING THE INFORMATION REQUIRED UNDER DIVISION (B)(5) 821
OF THIS SECTION, THE APPLICANT SHALL UTILIZE CRITERIA ESTABLISHED 822
IN RULES ADOPTED UNDER DIVISION (A)(9)(e) OF THIS SECTION. 823
Sec. 901.83. (A) UPON APPROVAL BY THE CONTROLLING BOARD 826
UNDER DIVISION (A)(3) OF SECTION 901.82 OF THE REVISED CODE OF 829
THE RELEASE OF MONEY TO BE USED FOR A LOAN GUARANTEE UNDER THE 830
PROGRAM ESTABLISHED UNDER SECTION 901.80 OF THE REVISED CODE, THE 832
FINANCIAL INSTITUTION PROVIDING THE LOAN AND THE DIRECTOR OF 833
AGRICULTURE SHALL ENTER INTO A CONTRACT OF GUARANTEE ESTABLISHING 834
THE TERMS OF THE GUARANTEE. 835
UNDER THE CONTRACT OF GUARANTEE, THE DIRECTOR OF 837
AGRICULTURE SHALL AGREE TO DEPOSIT WITH THE FINANCIAL INSTITUTION 839
A LOAN GUARANTEE CONSISTING OF MONEY RELEASED BY THE CONTROLLING 840
BOARD FOR THAT PURPOSE, IN AN AMOUNT THAT IS A SPECIFIED 841
PERCENTAGE OF THE AMOUNT LOANED TO THE ELIGIBLE APPLICANT BY THE 842
19
FINANCIAL INSTITUTION. THE DIRECTOR SHALL AGREE THAT IF THE LOAN 843
RECIPIENT DEFAULTS ON THE LOAN AND THE FINANCIAL INSTITUTION 844
EXHAUSTS ALL LEGAL AND EQUITABLE REMEDIES IN AN ATTEMPT TO OBTAIN 845
COMPLETE REPAYMENT, BUT DOES NOT RECEIVE COMPLETE REPAYMENT, THEN 846
THE LOAN GUARANTEE SHALL BE USED TO REIMBURSE THE FINANCIAL 847
INSTITUTION.
IN EXCHANGE, THE FINANCIAL INSTITUTION SHALL AGREE TO PAY 849
ANNUALLY TO THE DEPARTMENT OF DEVELOPMENT A SPECIFIED PERCENTAGE 850
OF THE AMOUNT OF THE LOAN GUARANTEE, WHICH SHALL BE DEPOSITED 851
INTO THE FAMILY FARM LOAN FUND CREATED IN SECTION 166.031 OF THE 853
REVISED CODE. THE FINANCIAL INSTITUTION ALSO SHALL AGREE TO LEND 854
THE GUARANTEED PORTION OF THE LOAN TO THE ELIGIBLE APPLICANT AT 855
AN INTEREST RATE BELOW CURRENT MARKET RATES THAT REFLECTS THE 856
STATE'S REDUCED INTEREST RATE. 857
(B) A GUARANTEED FINANCIAL INSTITUTION, EXCEPT TO THE 860
EXTENT THAT ITS RIGHTS ARE RESTRICTED BY THE CONTRACT OF 861
GUARANTEE, MAY PROTECT AND ENFORCE, BY ANY SUITABLE FORM OF LEGAL 862
PROCEEDINGS, ANY OF ITS RIGHTS GRANTED UNDER THE LAWS OF THIS 863
STATE OR GRANTED BY THE CONTRACT OF GUARANTEE. SUCH RIGHTS 864
INCLUDE THE RIGHT TO COMPEL PERFORMANCE OF ALL DUTIES OF THE 865
DIRECTOR REQUIRED BY THE CONTRACT OF GUARANTEE. THE PERSON WHO 866
IS THE DIRECTOR AT THE TIME THE CONTRACT OF GUARANTEE IS ENTERED 867
INTO OR AT A LATER TIME, AND THE DIRECTOR'S OFFICERS OR 868
EMPLOYEES, ARE NOT LIABLE IN THEIR PERSONAL CAPACITIES ON ANY 869
CONTRACT OF GUARANTEE ENTERED INTO BY THE DIRECTOR. 870
(C) THE TOTAL AMOUNT OF LOAN GUARANTEES PROVIDED TO ANY 873
ONE FINANCIAL INSTITUTION SHALL NOT EXCEED FIVE HUNDRED THOUSAND 874
DOLLARS. FOR THE PURPOSES OF THIS DIVISION, "FINANCIAL 875
INSTITUTION" REFERS TO THE FINANCIAL INSTITUTION AS A WHOLE 876
CORPORATE ENTITY, AND DOES NOT REFER TO A BANKING OFFICE OR 877
BRANCH, AS THOSE TERMS ARE DEFINED IN SECTION 1101.01 OF THE 878
REVISED CODE. 879
Section 2. That existing sections 122.011, 122.23, 122.24, 881
122.25, 122.27, 166.03, and 901.63 of the Revised Code are hereby 883
20
repealed.
Section 3. That sections 166.031, 901.80, 901.81, 901.82, 885
and 901.83 of the Revised Code are hereby repealed, effective 887
June 30, 1999.
Section 4. That Sections 47 and 47.15 of Am. Sub. H.B. 215 889
of the 122nd General Assembly be amended to read as follows: 890
"Sec. 47. DEV DEPARTMENT OF DEVELOPMENT 892
General Revenue Fund 894
GRF 195-100 Personal Services $ 2,595,000 $ 2,595,000 899
GRF 195-200 Maintenance $ 625,000 $ 625,000 903
GRF 195-300 Equipment $ 115,000 $ 115,000 907
GRF 195-401 Thomas Edison Program $ 23,250,000 $ 23,696,875 911
GRF 195-404 Small Business 913
Development $ 2,360,000 $ 2,360,000 915
GRF 195-405 Minority Business 917
Development Division $ 2,058,000 $ 2,058,000 919
GRF 195-406 Transitional and 921
Permanent Housing $ 2,859,900 $ 2,864,847 923
GRF 195-407 Travel and Tourism $ 6,450,000 $ 6,450,000 927
GRF 195-408 Coal Research 929
Development $ 570,000 $ 582,699 931
GRF 195-410 Defense Conversion 933
Assistance Program $ 1,100,000 $ 2,350,000 935
GRF 195-411 Minority Development 937
Financing Advisory
Board $ 347,760 $ 356,454 939
GRF 195-412 Business Development $ 11,000,000 $ 11,500,000 943
GRF 195-414 First Frontier Match $ 500,000 $ 500,000 947
GRF 195-415 Regional Offices and 949
Economic Development $ 6,663,160 $ 6,718,894 951
GRF 195-416 Governor's Office of 953
Appalachia $ 654,000 $ 654,000 955
GRF 195-417 Urban/Rural 957
Initiative Grant
21
Program $ 10,000,000 $ 4,000,000 959
GRF 195-422 Technology Action $ 1,000,000 $ 2,000,000 963
GRF 195-423 Miami Valley Center 965
for Information 966
Technologies $ 350,000 $ 650,000 968
GRF 195-431 Community Development 970
Corporation Grants $ 2,500,000 $ 2,600,000 972
GRF 195-432 International Trade $ 5,300,000 $ 5,400,000 976
GRF 195-434 Industrial Training $ 9,937,923 $ 9,600,469 980
GRF 195-436 Labor/Management 982
Cooperation $ 1,200,000 $ 1,200,000 984
GRF 195-440 Emergency Shelter 986
Housing Grants $ 3,014,800 $ 3,017,674 988
GRF 195-441 Low and Moderate 990
Income Housing $ 8,000,000 $ 8,000,000 992
GRF 195-497 State Match - 994
Community Development
Block Grant $ 1,160,000 $ 1,160,000 996
GRF 195-498 State Energy Match $ 100,000 $ 150,000 1,000
GRF 195-501 Appalachian Local 1,002
Development Districts $ 443,500 $ 443,500 1,004
GRF 195-502 Appalachian Regional 1,006
Commission $ 160,000 $ 160,000 1,008
GRF 195-507 Travel & Tourism 1,010
Grants $ 1,550,000 $ 1,300,000 1,012
TOTAL GRF General Revenue Fund $ 105,864,043 $ 103,108,412 1,015
General Services Fund Group 1,018
135 195-605 Supportive Services $ 6,749,805 $ 6,918,701 1,023
442 195-606 Merchandise for 1,025
Resale $ 3,000 $ 3,000 1,027
685 195-636 General Reimbursement $ 1,061,025 $ 1,078,948 1,031
TOTAL GSF General Services Fund 1,032
Group $ 7,813,830 $ 8,000,649 1,035
Federal Special Revenue Fund Group 1,038
22
308 195-602 Appalachian Regional 1,041
Commission $ 650,000 $ 650,000 1,043
308 195-603 Housing and Urban 1,045
Development $ 31,837,225 $ 32,631,507 1,047
308 195-605 Federal Projects $ 7,871,000 $ 7,871,000 1,051
308 195-609 Federal Projects 1,053
Small Business $ 7,500,000 $ 7,500,000 1,055
3K9 195-611 Home Energy 1,057
Assistance Block
Grant $ 59,417,200 $ 59,492,628 1,059
3L0 195-612 Community Services 1,061
Block Grant $ 16,715,539 $ 17,133,177 1,063
3K8 195-613 Community Development 1,065
Block Grant $ 65,000,000 $ 65,000,000 1,067
3K9 195-614 HEAP Weatherization $ 10,413,818 $ 10,420,948 1,071
308 195-616 Technology Programs $ 500,000 $ 500,000 1,075
308 195-618 Energy Federal Grants $ 1,753,019 $ 1,796,126 1,079
308 195-642 International Trade 1,081
Promotion $ 200,000 $ 0 1,083
335 195-610 Oil Overcharge $ 8,500,000 $ 8,500,000 1,087
380 195-622 Housing Development $ 2,584,607 $ 2,634,097 1,091
TOTAL FED Federal Special Revenue 1,092
Fund Group $ 212,942,408 $ 214,129,483 1,095
State Special Revenue Fund Group 1,097
4F2 195-639 State Special 1,100
Projects $ 1,821,569 $ 1,510,913 1,102
4G9 195-633 Travel and Tourism 1,104
Marketing $ 100,000 $ 100,000 1,106
4H4 195-641 First Frontier $ 1,000,000 $ 1,000,000 1,110
4S0 195-630 Enterprise Zone 1,112
Operating $ 275,000 $ 282,000 1,114
4S1 195-634 Job Creation Tax 1,116
Credit Operating $ 225,000 $ 235,000 1,118
4W1 195-646 Minority Business 1,120
23
Enterprise Loan $ 3,800,000 $ 3,800,000 1,122
444 195-607 Water and Sewer $ 2,300,000 $ 2,300,000 1,126
445 195-617 Housing Finance 1,128
Agency $ 2,950,000 $ 3,022,551 1,130
450 195-624 Minority Business 1,132
Bonding Program
Administration $ 132,381 $ 135,690 1,134
451 195-625 Economic Development 1,136
Financing Operating $ 1,998,433 $ 2,036,868 1,138
611 195-631 Water and Sewer 1,140
Administration $ 44,000 $ 45,000 1,142
646 195-638 Low and Moderate 1,144
Income Housing Trust
Fund $ 18,500,000 $ 20,500,000 1,146
TOTAL SSR State Special Revenue 1,147
Fund Group $ 33,146,383 $ 34,968,022 1,150
Facilities Establishment Fund 1,153
037 195-615 Facilities 1,156
Establishment $ 62,500,000 $ 52,500,000 1,158
4Z6 195-647 Rural Industrial Park 1,160
Loan $ 5,000,000 $ 5,000,000 1,162
2,500,000 2,500,000 1,164
5D1 195-649 Port Authority Bond 1,166
Reserves $ 2,500,000 $ 2,500,000 1,168
5D2 195-650 Urban Redevelopment 1,170
Loans $ 10,000,000 $ 20,000,000 1,172
5H1 195-652 FAMILY FARM LOAN $ 2,500,000 $ 2,500,000 1,177
TOTAL 037 Facilities 1,179
Establishment Fund $ 80,000,000 $ 80,000,000 1,182
Coal Research/Development Fund 1,185
046 195-632 Coal Research and 1,188
Development Fund $ 12,000,000 $ 12,000,000 1,190
TOTAL 046 Coal Research/ 1,191
Development Fund $ 12,000,000 $ 12,000,000 1,194
24
TOTAL ALL BUDGET FUND GROUPS $ 451,766,664 $ 452,206,566 1,197
Sec. 47.15. Facilities Establishment Fund 1,200
The foregoing appropriation item 195-615, Facilities 1,202
Establishment Fund (Fund 037), shall be used for the purposes of 1,203
the Facilities Establishment Fund under Chapter 166. of the 1,205
Revised Code. 1,206
Notwithstanding Chapter 166. of the Revised Code, up to 1,208
$1,600,000 may be transferred each fiscal year from the 1,210
Facilities Establishment Fund (Fund 037) to the Economic 1,211
Development Financing Operating Fund (Fund 451). The transfer is 1,212
subject to Controlling Board approval pursuant to division (B) of 1,214
section 166.03 of the Revised Code. The transfer shall be made 1,215
using an intrastate transfer voucher. 1,216
Notwithstanding Chapter 166. of the Revised Code, up to 1,218
$3,800,000 may be transferred in each fiscal year of the biennium 1,219
from the Facilities Establishment Fund (Fund 037) to the Minority 1,220
Business Enterprise Loan (Fund 4W1). The transfer is subject to 1,222
Controlling Board approval pursuant to division (B) of section 1,223
166.03 of the Revised Code. The transfer shall be made using an 1,224
intrastate transfer voucher.
Notwithstanding Chapter 166. of the Revised Code, up to 1,226
$5,000,000 cash may be transferred during the biennium from the 1,227
Facilities Establishment Fund (Fund 037) to the Port Authority 1,228
Bond Reserves Fund (Fund 5D1) for use by any port authority in 1,229
establishing or supplementing bond reserve funds for any bond
issuance permitted under Chapter 4582. of the Revised Code. The 1,230
Director of Development shall develop program guidelines for the 1,231
transfer and release of funds, including, but not limited to, a 1,232
provision that no port authority shall receive more than 1,233
$2,000,000. The transfer and release of funds are subject to 1,234
Controlling Board approval. The transfer shall be made using an
intrastate transfer voucher. Of the foregoing appropriation item 1,236
195-649, Port Authority Bond Reserves, $2,000,000 over the 1,237
biennium, subject to Controlling Board approval, shall go to the 1,238
25
Cleveland Port Authority to establish or supplement bond reserves 1,239
per the guidelines set forth by the director of development. 1,240
Notwithstanding Chapter 166. of the Revised Code, up to 1,242
$30,000,000 cash may be transferred during the biennium from the 1,243
Facilities Establishment Fund (Fund 037) to the Urban 1,244
Redevelopment Loan Fund (Fund 5D2) for the purpose of removing 1,245
barriers to urban core redevelopment. The Director of
Development shall develop program guidelines for the transfer and 1,246
release of funds, including, but not limited to, the completion 1,247
of all appropriate environmental assessments before state 1,248
assistance is committed to a project. The transfer and release 1,249
of funds are subject to Controlling Board approval. The transfer 1,250
shall be made using an intrastate transfer voucher.
FAMILY FARM LOAN PROGRAM 1,253
NOTWITHSTANDING CHAPTER 166. OF THE REVISED CODE, UP TO 1,255
$2.5 MILLION IN EACH FISCAL YEAR SHALL BE TRANSFERRED FROM MONEYS 1,256
IN THE FACILITIES ESTABLISHMENT FUND (FUND 037) INTENDED FOR THE 1,257
RURAL INDUSTRIAL PARK LOAN FUND (FUND 4Z6) TO THE FAMILY FARM 1,260
LOAN FUND (FUND 5H1) IN THE DEPARTMENT OF DEVELOPMENT. THE 1,261
TRANSFER IS SUBJECT TO CONTROLLING BOARD APPROVAL. THE TRANSFER 1,263
SHALL BE MADE USING AN INTRASTATE TRANSFER VOUCHER.
LOANS FROM THE FAMILY FARM LOAN FUND SHALL BE REPAID TO 1,267
FUND 5H1. THIS FUND IS ESTABLISHED IN ACCORDANCE WITH SECTIONS 1,268
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, 1,271
ALL OUTSTANDING BALANCES, ALL LOAN REPAYMENTS, AND ANY OTHER 1,273
OUTSTANDING OBLIGATIONS SHALL REVERT TO THE FACILITIES 1,274
ESTABLISHMENT FUND (FUND 037)."
Section 5. That existing Sections 47 and 47.15 of Am. Sub. 1,276
H.B. 215 of the 122nd General Assembly are hereby repealed. 1,277
Section 6. That Section 3 of Am. Sub. H.B. 440 of the 1,280
121st General Assembly be amended to read as follows:
"Sec. 3. Sections 122.23, 122.24, 122.25, 122.26, and 1,282
122.27 of the Revised Code are hereby repealed, effective January 1,283
26
1 JUNE 30, 1999." 1,284
Section 7. That existing Section 3 of Am. Sub. H.B. 440 of 1,286
the 121st General Assembly is hereby repealed. 1,287
Section 8. Except as otherwise specifically provided in 1,289
this act, a codified or uncodified section of law contained in 1,291
this act is not subject to the referendum. Therefore, under Ohio 1,292
Constitution, Article II, Section 1d, and section 1.471 of the 1,293
Revised Code, the codified and uncodified sections of law in this 1,294
act, except as otherwise specifically provided in this act, go 1,295
into immediate effect when this act becomes law.
Section 9. Sections 122.23, 122.24, 122.25, and 122.27 of 1,297
the Revised Code, as amended by this act, are subject to the 1,298
referendum. Therefore, under Ohio Constitution, Article II, 1,299
Section 1c and section 1.471 of the Revised Code, the sections as 1,300
amended take effect on the ninety-first day after this act is
filed with the Secretary of State. If, however, a referendum 1,301
petition is filed against the section as amended, the section as 1,302
amended, unless rejected at the referendum, takes effect at the 1,303
earliest time permitted by law.