REPRESENTATIVES Schneider, Clancy, Peterson, Hollister, Schmidt, Seitz, Carmichael, Carano, Aslanides, Beatty, Flowers, Barrett, Daniels, Chandler, Gilb, Kearns, Koziura, McGregor, Miller, Olman, Strahorn, Skindell, Woodard, Sferra

To amend sections 122.63, 149.43, 169.05, 173.08,

1

175.08, 175.09, 175.21, 175.22, 175.23, 175.24,

2

175.25, 175.26, 176.05, 176.06, 176.07, 319.63,

3

and 1349.11, to amend, for the purpose of adopting

4

new section numbers as indicated in parentheses,

5

sections 175.08 (175.09), 175.09 (175.10), 175.21

6

(174.02), 175.22 (174.03), 175.23 (174.04), 175.24

7

(174.05), 175.25 (174.06), and 175.26 (174.07), to

8

enact new sections 175.01 to 175.08 and 175.11 to

9

175.13 and section 174.01, and to repeal sections

10

175.01, 175.02, 175.03, 175.04, 175.05, 175.06,

11

175.07, 175.10, 175.11, 175.12, 175.13, 175.14,

12

and 175.15 of the Revised Code to remove the Ohio

13

Housing Finance Agency from the Department of

14

Development, making the Ohio Housing Finance

15

Agency an independent agency, and to make other

16

changes to the Ohio Housing Finance Agency Law.

17

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 122.63, 149.43, 169.05, 173.08,	18
175.08, 175.09, 175.21, 175.22, 175.23, 175.24, 175.25, 175.26,	19
176.05, 176.06, 176.07, 319.63, and 1349.11 be amended, sections	20
175.08 (175.09), 175.09 (175.10),175.21 (174.02), 175.22 (174.03),	21
175.23 (174.04), 175.24 (174.05), 175.25 (174.06), and 175.26	22
(174.07) be amended for the purpose of adopting new section	23
numbers as indicated in parentheses, and new sections 175.01,	24
175.02, 175.03, 175.04, 175.05, 175.06, 175.07, 175.08, 175.11,	25
175.12, and 175.13 and section 174.01 of the Revised Code be	26
enacted to read as follows:	27

Sec. 122.63.  The department of development shall:

28

(A) Provide technical assistance to sponsors, homeowners,	29
private developers, contractors, and other appropriate persons on	30
matters relating to housing needs and the development,	31
construction, financing, operation, management, and evaluation of	32
housing developments;	33

(B) Carry out continuing studies and analyses of the housing	34
needs of this state and, after conducting public hearings, prepare	35
annually a plan of housing needs, primarily for the use of the	36
department pursuant to Chapter 128. of the Revised Code. The plan,	37
copies of which shall be filed with the speaker of the house of	38
representatives and the president of the senate for distribution	39
to the members of the general assembly, shall:	40

(1) Establish areawide housing needs, including existing and	41
projected needs for the provision of an adequate supply of decent,	42
safe, and sanitary housing for low- and moderate-income persons,	43
including housing that may require utilization of state or federal	44
assistance;	45

(2) Establish priorities for housing needs, taking into	46
account the availability of and need for conserving land and other	47
natural resources;	48

(3) Be coordinated with other housing and related planning of	49
the state and of regional planning agencies.	50

(C) Carry out the provisions of Chapter 3735. of the Revised	51
Code relating to metropolitan housing authorities;	52

(D) Carry out the provisions of sections 175.21174.01 to	53
175.25174.07 of the Revised Code relating to the low- and	54
moderate-income housing trust fund.	55

Sec. 149.43.  (A) As used in this section:

56

(1) "Public record" means records kept by any public office,	57
including, but not limited to, state, county, city, village,	58
township, and school district units, and records pertaining to the	59
delivery of educational services by an alternative school in Ohio	60
kept by a nonprofit or for profit entity operating such	61
alternative school pursuant to section 3313.533 of the Revised	62
Code. "Public record" does not mean any of the following:	63

(a) Medical records;

64

(b) Records pertaining to probation and parole proceedings or	65
to proceedings related to the imposition of community control	66
sanctions and post-release control sanctions;	67

(c) Records pertaining to actions under section 2151.85 and	68
division (C) of section 2919.121 of the Revised Code and to	69
appeals of actions arising under those sections;	70

(d) Records pertaining to adoption proceedings, including the	71
contents of an adoption file maintained by the department of	72
health under section 3705.12 of the Revised Code;	73

(e) Information in a record contained in the putative father	74
registry established by section 3107.062 of the Revised Code,	75
regardless of whether the information is held by the department of	76
job and family services or, pursuant to section 3111.69 of the	77
Revised Code, the office of child support in the department or a	78
child support enforcement agency;	79

(f) Records listed in division (A) of section 3107.42 of the	80
Revised Code or specified in division (A) of section 3107.52 of	81
the Revised Code;	82

(g) Trial preparation records;

83

(h) Confidential law enforcement investigatory records;

84

(i) Records containing information that is confidential under	85
section 2317.023 or 4112.05 of the Revised Code;	86

(j) DNA records stored in the DNA database pursuant to	87
section 109.573 of the Revised Code;	88

(k) Inmate records released by the department of	89
rehabilitation and correction to the department of youth services	90
or a court of record pursuant to division (E) of section 5120.21	91
of the Revised Code;	92

(l) Records maintained by the department of youth services	93
pertaining to children in its custody released by the department	94
of youth services to the department of rehabilitation and	95
correction pursuant to section 5139.05 of the Revised Code;	96

(m) Intellectual property records;

97

(n) Donor profile records;

98

(o) Records maintained by the department of job and family	99
services pursuant to section 3121.894 of the Revised Code;	100

(p) Peace officer, firefighter, or EMT residential and	101
familial information;	102

(q) In the case of a county hospital operated pursuant to	103
Chapter 339. of the Revised Code, information that constitutes a	104
trade secret, as defined in section 1333.61 of the Revised Code;	105

(r) Information pertaining to the recreational activities of	106
a person under the age of eighteen;	107

(s) Records provided to, statements made by review board	108
members during meetings of, and all work products of a child	109
fatality review board acting under sections 307.621 to 307.629 of	110
the Revised Code, other than the report prepared pursuant to	111
section 307.626 of the Revised Code;	112

(t) Records provided to and statements made by the executive	113
director of a public children services agency or a prosecuting	114
attorney acting pursuant to section 5153.171 of the Revised Code	115
other than the information released under that section;	116

(u) Test materials, examinations, or evaluation tools used in	117
an examination for licensure as a nursing home administrator that	118
the board of examiners of nursing home administrators administers	119
under section 4751.04 of the Revised Code or contracts under that	120
section with a private or government entity to administer;	121

(v) Records the release of which is prohibited by state or	122
federal law;	123

(w) Proprietary information of or relating to any person that	124
is submitted to or compiled by the Ohio venture capital authority	125
created under section 150.01 of the Revised Code;	126

(x) Information reported and evaluations conducted pursuant	127
to section 3701.072 of the Revised Code;	128

(y) Financial statements and data any person submits for any	129
purpose to the Ohio housing finance agency or the controlling	130
board in connection with applying for, receiving, or accounting	131
for financial assistance from the agency, and information that	132
identifies any individual who benefits directly or indirectly from	133
financial assistance from the agency.	134

(2) "Confidential law enforcement investigatory record" means	135
any record that pertains to a law enforcement matter of a	136
criminal, quasi-criminal, civil, or administrative nature, but	137
only to the extent that the release of the record would create a	138
high probability of disclosure of any of the following:	139

(a) The identity of a suspect who has not been charged with	140
the offense to which the record pertains, or of an information	141
source or witness to whom confidentiality has been reasonably	142
promised;	143

(b) Information provided by an information source or witness	144
to whom confidentiality has been reasonably promised, which	145
information would reasonably tend to disclose the source's or	146
witness's identity;	147

(c) Specific confidential investigatory techniques or	148
procedures or specific investigatory work product;	149

(d) Information that would endanger the life or physical	150
safety of law enforcement personnel, a crime victim, a witness, or	151
a confidential information source.	152

(3) "Medical record" means any document or combination of	153
documents, except births, deaths, and the fact of admission to or	154
discharge from a hospital, that pertains to the medical history,	155
diagnosis, prognosis, or medical condition of a patient and that	156
is generated and maintained in the process of medical treatment.	157

(4) "Trial preparation record" means any record that contains	158
information that is specifically compiled in reasonable	159
anticipation of, or in defense of, a civil or criminal action or	160
proceeding, including the independent thought processes and	161
personal trial preparation of an attorney.	162

(5) "Intellectual property record" means a record, other than	163
a financial or administrative record, that is produced or	164
collected by or for faculty or staff of a state institution of	165
higher learning in the conduct of or as a result of study or	166
research on an educational, commercial, scientific, artistic,	167
technical, or scholarly issue, regardless of whether the study or	168
research was sponsored by the institution alone or in conjunction	169
with a governmental body or private concern, and that has not been	170
publicly released, published, or patented.	171

(6) "Donor profile record" means all records about donors or	172
potential donors to a public institution of higher education	173
except the names and reported addresses of the actual donors and	174
the date, amount, and conditions of the actual donation.	175

(7) "Peace officer, firefighter, or EMT residential and	176
familial information" means either of the following:	177

(a) Any information maintained in a personnel record of a	178
peace officer, firefighter, or EMT that discloses any of the	179
following:	180

(i) The address of the actual personal residence of a peace	181
officer, firefighter, or EMT, except for the state or political	182
subdivision in which the peace officer, firefighter, or EMT	183
resides;	184

(ii) Information compiled from referral to or participation	185
in an employee assistance program;	186

(iii) The social security number, the residential telephone	187
number, any bank account, debit card, charge card, or credit card	188
number, or the emergency telephone number of, or any medical	189
information pertaining to, a peace officer, firefighter, or EMT;	190

(iv) The name of any beneficiary of employment benefits,	191
including, but not limited to, life insurance benefits, provided	192
to a peace officer, firefighter, or EMT by the peace officer's,	193
firefighter's, or EMT's employer;	194

(v) The identity and amount of any charitable or employment	195
benefit deduction made by the peace officer's, firefighter's, or	196
EMT's employer from the peace officer's, firefighter's, or EMT's	197
compensation unless the amount of the deduction is required by	198
state or federal law;	199

(vi) The name, the residential address, the name of the	200
employer, the address of the employer, the social security number,	201
the residential telephone number, any bank account, debit card,	202
charge card, or credit card number, or the emergency telephone	203
number of the spouse, a former spouse, or any child of a peace	204
officer, firefighter, or EMT.	205

(b) Any record that identifies a person's occupation as a	206
peace officer, firefighter, or EMT other than statements required	207
to include the disclosure of that fact under the campaign finance	208
law.	209

As used in divisions (A)(7) and (B)(5) of this section,	210
"peace officer" has the same meaning as in section 109.71 of the	211
Revised Code and also includes the superintendent and troopers of	212
the state highway patrol; it does not include the sheriff of a	213
county or a supervisory employee who, in the absence of the	214
sheriff, is authorized to stand in for, exercise the authority of,	215
and perform the duties of the sheriff.	216

As used in divisions (A)(7) and (B)(5) of this section,	217
"firefighter" means any regular, paid or volunteer, member of a	218
lawfully constituted fire department of a municipal corporation,	219
township, fire district, or village.	220

As used in divisions (A)(7) and (B)(5) of this section, "EMT"	221
means EMTs-basic, EMTs-I, and paramedics that provide emergency	222
medical services for a public emergency medical service	223
organization. "Emergency medical service organization,"	224
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in	225
section 4765.01 of the Revised Code.	226

(8) "Information pertaining to the recreational activities of	227
a person under the age of eighteen" means information that is kept	228
in the ordinary course of business by a public office, that	229
pertains to the recreational activities of a person under the age	230
of eighteen years, and that discloses any of the following:	231

(a) The address or telephone number of a person under the age	232
of eighteen or the address or telephone number of that person's	233
parent, guardian, custodian, or emergency contact person;	234

(b) The social security number, birth date, or photographic	235
image of a person under the age of eighteen;	236

(c) Any medical record, history, or information pertaining to	237
a person under the age of eighteen;	238

(d) Any additional information sought or required about a	239
person under the age of eighteen for the purpose of allowing that	240
person to participate in any recreational activity conducted or	241
sponsored by a public office or to use or obtain admission	242
privileges to any recreational facility owned or operated by a	243
public office.	244

(9) "Community control sanction" has the same meaning as in	245
section 2929.01 of the Revised Code.	246

(10) "Post-release control sanction" has the same meaning as	247
in section 2967.01 of the Revised Code.	248

(B)(1) Subject to division (B)(4) of this section, all public	249
records shall be promptly prepared and made available for	250
inspection to any person at all reasonable times during regular	251
business hours. Subject to division (B)(4) of this section, upon	252
request, a public office or person responsible for public records	253
shall make copies available at cost, within a reasonable period of	254
time. In order to facilitate broader access to public records,	255
public offices shall maintain public records in a manner that they	256
can be made available for inspection in accordance with this	257
division.	258

(2) If any person chooses to obtain a copy of a public record	259
in accordance with division (B)(1) of this section, the public	260
office or person responsible for the public record shall permit	261
that person to choose to have the public record duplicated upon	262
paper, upon the same medium upon which the public office or person	263
responsible for the public record keeps it, or upon any other	264
medium upon which the public office or person responsible for the	265
public record determines that it reasonably can be duplicated as	266
an integral part of the normal operations of the public office or	267
person responsible for the public record. When the person seeking	268
the copy makes a choice under this division, the public office or	269
person responsible for the public record shall provide a copy of	270
it in accordance with the choice made by the person seeking the	271
copy.	272

(3) Upon a request made in accordance with division (B)(1) of	273
this section, a public office or person responsible for public	274
records shall transmit a copy of a public record to any person by	275
United States mail within a reasonable period of time after	276
receiving the request for the copy. The public office or person	277
responsible for the public record may require the person making	278
the request to pay in advance the cost of postage and other	279
supplies used in the mailing.	280

Any public office may adopt a policy and procedures that it	281
will follow in transmitting, within a reasonable period of time	282
after receiving a request, copies of public records by United	283
States mail pursuant to this division. A public office that adopts	284
a policy and procedures under this division shall comply with them	285
in performing its duties under this division.	286

In any policy and procedures adopted under this division, a	287
public office may limit the number of records requested by a	288
person that the office will transmit by United States mail to ten	289
per month, unless the person certifies to the office in writing	290
that the person does not intend to use or forward the requested	291
records, or the information contained in them, for commercial	292
purposes. For purposes of this division, "commercial" shall be	293
narrowly construed and does not include reporting or gathering	294
news, reporting or gathering information to assist citizen	295
oversight or understanding of the operation or activities of	296
government, or nonprofit educational research.	297

(4) A public office or person responsible for public records	298
is not required to permit a person who is incarcerated pursuant to	299
a criminal conviction or a juvenile adjudication to inspect or to	300
obtain a copy of any public record concerning a criminal	301
investigation or prosecution or concerning what would be a	302
criminal investigation or prosecution if the subject of the	303
investigation or prosecution were an adult, unless the request to	304
inspect or to obtain a copy of the record is for the purpose of	305
acquiring information that is subject to release as a public	306
record under this section and the judge who imposed the sentence	307
or made the adjudication with respect to the person, or the	308
judge's successor in office, finds that the information sought in	309
the public record is necessary to support what appears to be a	310
justiciable claim of the person.	311

(5) Upon written request made and signed by a journalist on	312
or after December 16, 1999, a public office, or person responsible	313
for public records, having custody of the records of the agency	314
employing a specified peace officer, firefighter, or EMT shall	315
disclose to the journalist the address of the actual personal	316
residence of the peace officer, firefighter or EMT and, if the	317
peace officer's, firefighter's or EMT's spouse, former spouse, or	318
child is employed by a public office, the name and address of the	319
employer of the peace officer's, firefighter's, or EMT's spouse,	320
former spouse, or child. The request shall include the	321
journalist's name and title and the name and address of the	322
journalist's employer and shall state that disclosure of the	323
information sought would be in the public interest.	324

As used in division (B)(5) of this section, "journalist"	325
means a person engaged in, connected with, or employed by any news	326
medium, including a newspaper, magazine, press association, news	327
agency, or wire service, a radio or television station, or a	328
similar medium, for the purpose of gathering, processing,	329
transmitting, compiling, editing, or disseminating information for	330
the general public.	331

(C) If a person allegedly is aggrieved by the failure of a	332
public office to promptly prepare a public record and to make it	333
available to the person for inspection in accordance with division	334
(B) of this section, or if a person who has requested a copy of a	335
public record allegedly is aggrieved by the failure of a public	336
office or the person responsible for the public record to make a	337
copy available to the person allegedly aggrieved in accordance	338
with division (B) of this section, the person allegedly aggrieved	339
may commence a mandamus action to obtain a judgment that orders	340
the public office or the person responsible for the public record	341
to comply with division (B) of this section and that awards	342
reasonable attorney's fees to the person that instituted the	343
mandamus action. The mandamus action may be commenced in the court	344
of common pleas of the county in which division (B) of this	345
section allegedly was not complied with, in the supreme court	346
pursuant to its original jurisdiction under Section 2 of Article	347
IV, Ohio Constitution, or in the court of appeals for the	348
appellate district in which division (B) of this section allegedly	349
was not complied with pursuant to its original jurisdiction under	350
Section 3 of Article IV, Ohio Constitution.	351

(D) Chapter 1347. of the Revised Code does not limit the	352
provisions of this section.	353

(E)(1) The bureau of motor vehicles may adopt rules pursuant	354
to Chapter 119. of the Revised Code to reasonably limit the number	355
of bulk commercial special extraction requests made by a person	356
for the same records or for updated records during a calendar	357
year. The rules may include provisions for charges to be made for	358
bulk commercial special extraction requests for the actual cost of	359
the bureau, plus special extraction costs, plus ten per cent. The	360
bureau may charge for expenses for redacting information, the	361
release of which is prohibited by law.	362

(2) As used in divisions (B)(3) and (E)(1) of this section:

363

(a) "Actual cost" means the cost of depleted supplies,	364
records storage media costs, actual mailing and alternative	365
delivery costs, or other transmitting costs, and any direct	366
equipment operating and maintenance costs, including actual costs	367
paid to private contractors for copying services.	368

(b) "Bulk commercial special extraction request" means a	369
request for copies of a record for information in a format other	370
than the format already available, or information that cannot be	371
extracted without examination of all items in a records series,	372
class of records, or data base by a person who intends to use or	373
forward the copies for surveys, marketing, solicitation, or resale	374
for commercial purposes. "Bulk commercial special extraction	375
request" does not include a request by a person who gives	376
assurance to the bureau that the person making the request does	377
not intend to use or forward the requested copies for surveys,	378
marketing, solicitation, or resale for commercial purposes.	379

(c) "Commercial" means profit-seeking production, buying, or	380
selling of any good, service, or other product.	381

(d) "Special extraction costs" means the cost of the time	382
spent by the lowest paid employee competent to perform the task,	383
the actual amount paid to outside private contractors employed by	384
the bureau, or the actual cost incurred to create computer	385
programs to make the special extraction. "Special extraction	386
costs" include any charges paid to a public agency for computer or	387
records services.	388

(3) For purposes of divisions (E)(1) and (2) of this section,	389
"commercial surveys, marketing, solicitation, or resale" shall be	390
narrowly construed and does not include reporting or gathering	391
news, reporting or gathering information to assist citizen	392
oversight or understanding of the operation or activities of	393
government, or nonprofit educational research.	394

Sec. 169.05.  (A) Every holder required to file a report	395
under section 169.03 of the Revised Code shall, at the time of	396
filing, pay to the director of commerce ten per cent of the	397
aggregate amount of unclaimed funds as shown on suchthe report,	398
except for aggregate amounts of fifty dollars or less in which	399
case one hundred per cent shall be paid. SuchThe funds may be	400
deposited by the director in the state treasury to the credit of	401
the unclaimed funds trust fund, which is hereby created, or placed	402
with a financial organization. Any interest earned on money in the	403
trust fund shall be credited to the trust fund. The remainder of	404
suchthe aggregate amount of unclaimed funds as shown on suchthe	405
report, plus earnings accrued to date of payment to the director,	406
shall, at the option of the director, be retained by the holder or	407
paid to the director for deposit as agent for the mortgage funds	408
with a financial organization as defined in section 169.01 of the	409
Revised Code, suchwith the funds to be in income-bearing accounts	410
to the credit of the mortgage funds, or the holder may enter into	411
an agreement with the director specifying the obligations of the	412
United States in which funds are to be invested, and agree to pay	413
the interest on suchthe obligations to the state. Holders	414
retaining suchany funds not in obligations of the United States	415
shall enter into an agreement with the director specifying the	416
classification of income-bearing account in which the funds will	417
be held and pay the state interest thereonon the funds at a rate	418
equal to the prevailing market rate for similar funds. Moneys	419
whichthat the holder is required to pay to the director rather	420
than to retain may be deposited with the treasurer of state, or	421
placed with a financial organization.	422

Securities and other intangible property transferred to the	423
director shall, within a reasonable time, be converted to cash and	424
the proceeds deposited as provided for other funds.	425

One-half of the funds evidenced by such agreements or, in	426
such income-bearing accounts, or on deposit with the treasurer of	427
state shall be allocated on the records of the director to the	428
mortgage insurance fund created by section 122.561 of the Revised	429
Code. Out of the remaining half, after allocation of sufficient	430
moneys to the minority business bonding fund to meet the	431
provisions of division (B) of this section, an equal amountthe	432
remainder shall be allocated on the records of the director to the	433
housing guarantee fund created by division (D) of section 175.10	434
of the Revised Code and the housing development fund created by	435
division (C)(A) of section 175.10175.11 of the Revised Code.	436

(B) The director shall serve as agent for the director of	437
development, and as agent for the Ohio housing finance agency, in	438
the making of deposits and withdrawals and maintenance of	439
maintaining records pertaining to the minority business bonding	440
fund created by section 122.88 of the Revised Code, the mortgage	441
insurance fund, the housing guarantee fund, and the housing	442
development fund created by division (C) of section 175.10175.11	443
of the Revised Code. Funds from the mortgage insurance fund shall	444
beare available to the director of development when suchthose	445
funds are to be disbursed to prevent or cure, or upon the	446
occurrence of, a default of a mortgage insured pursuant to section	447
122.451 of the Revised Code. Funds from the housing guarantee fund	448
shall be available to the Ohio housing finance agency when such	449
funds are to be disbursed under a guarantee authorized by section	450
175.04 of the Revised Code to satisfy a guaranteed mortgage which	451
is in default. Funds from the housing development fund shall be	452
are available upon request to the Ohio housing finance agency, in	453
an amount not to exceed the funds allocated on the records of the	454
director, for the purposes of section 175.04175.05 of the Revised	455
Code when it so requests. Funds from the minority business bonding	456
fund shall beare available to the director of development upon	457
request for the purpose of payingto pay obligations on bonds	458
written by the director writes pursuant to section 122.88 of the	459
Revised Code; except that, unless the general assembly authorizes	460
additional amounts are authorized by the general assembly, the	461
total maximum amount of moneys that may be allocated to the	462
minority business bonding fund under this division is ten million	463
dollars.	464

When such funds are to be so disbursed, the appropriate	465
agency shall call upon the director to transfer to it the	466
necessary funds to it. The director shall first withdraw the funds	467
paid by the holders and deposited with the treasurer of state or	468
in a financial institution as agent for suchthe funds. Whenever	469
these funds are inadequate to meet the request, the director shall	470
provide for a withdrawal of funds, within a reasonable time,and	471
in suchthe amount as is necessary to meet the request, from	472
financial institutions in which suchthe funds were retained or	473
placed by a holder and from other holders who have retained funds,	474
in an equitable manner as prescribed by the director prescribes.	475
In the event that the amount to be withdrawn from any one such	476
holder is less than five hundred dollars, the amount to be	477
withdrawn shall beis at the director's discretion of the	478
director. The director shall then transfer to the agency the	479
amount of funds requested.	480

Funds which are deposited in the unclaimed funds trust fund	481
shall beare subject to call by the director when necessary to pay	482
claims allowed by the director allows under section 169.08 of the	483
Revised Code, in accordance with the director's rules of the	484
director, to defray the necessary costs of making publications	485
required by this chapter,requires and to pay other operating and	486
administrative expenses incurred by the department of commerce	487
incurs in the administration and enforcement of this chapter.	488

The unclaimed funds trust fund shall be assessed a	489
proportionate share of the administrative costs of the department	490
of commerce in accordance with procedures prescribed by the	491
director of commerce prescribes and approved by the director of	492
budget and management approves. SuchThe assessment shall be paid	493
from the unclaimed funds trust fund to the division of	494
administration fund.	495

(C) Earnings on the accounts in financial organizations to	496
the credit of the mortgage funds shall, at the option of such a	497
the financial organization, be credited to suchthe accounts at	498
such times and at such rates as earnings are paid on other	499
accounts of the same classification held in the financial	500
organization or paid to the director. The director shall be	501
notified annually, and at such other times as the director may	502
request, of the amount of suchthe earnings credited to the	503
accounts. Interest on unclaimed funds retained by a holder retains	504
shall be paid to the director or credited as specified in the	505
agreement under which the organization retains the funds. Interest	506
payable to the director under an agreement to invest unclaimed	507
funds and obligations of the United States shall be paid annually	508
by suchthe holder to the director. Any earnings or interest	509
received by the director receives under this division shall be	510
deposited in and credited to the mortgage funds.	511

Sec. 173.08. (A) The resident services coordinator program is	512
established in the department of aging to fund resident services	513
coordinators. The coordinators shall provide information to	514
low-income and special-needs tenants, including the elderly, who	515
live in subsidizedfinancially assisted rental housing complexes,	516
and assist those tenants in identifying and obtaining community	517
and program services and other benefits for which they are	518
eligible.	519

(B) The resident services coordinator program fund is hereby	520
created in the state treasury to support the resident services	521
coordinator program established pursuant to this section. The fund	522
consists of all moneys the department of development sets aside	523
pursuant to division (A)(4) of section 175.21174.02 of the	524
Revised Code and moneys the general assembly appropriates to the	525
fund.	526

Sec. 174.01. As used in this chapter:

527

(A) "Financial assistance" means grants, loans, loan	528
guarantees, an equity position in a project, or loan subsidies.	529

(B) "Grant" means funding the department of development or	530
the Ohio housing finance agency provides for which the agency does	531
not require repayment.	532

(C) "Housing" means housing for owner-occupancy and	533
multifamily rental housing.	534

(D) "Housing for owner-occupancy" means housing that is	535
intended for occupancy by an owner as a principal residence.	536
"Housing for owner-occupancy" may be any type of structure and may	537
be owned in any type of ownership.	538

(E) "Housing trust fund" means the low- and moderate-income	539
housing trust fund created and administered pursuant to Chapter	540
174. of the Revised Code.	541

(F) "Lending institution" means any financial institution	542
qualified to conduct business in this state, a subsidiary	543
corporation that is wholly owned by a financial institution	544
qualified to conduct business in this state, and a mortgage lender	545
whose regular business is originating, servicing, or brokering	546
real estate loans and who is qualified to do business in this	547
state.	548

(G) "Loan" means any extension of credit or other form of	549
financing or indebtedness directly or indirectly to a borrower	550
with the expectation that it will be repaid in accordance with the	551
terms of the underlying loan agreement or other pertinent	552
document. "Loan" includes financing extended to lending	553
institutions and indebtedness purchased from lending institutions.	554

(H) "Loan guarantee" means any agreement in favor of a	555
lending institution or other lender in which the credit and	556
resources of the housing trust fund are pledged to secure the	557
payment or collection of financing extended to a borrower for the	558
acquisition, construction, improvement, rehabilitation or	559
preservation of housing, or to refinance any financing previously	560
extended for those purposes by any lender.	561

(I) "Loan subsidy" means any deposit of funds into a lending	562
institution with the authorization or direction that the income or	563
revenues the deposit earns, or could have earned at competitive	564
rates, be applied directly or indirectly to the benefit of housing	565
assistance or financial assistance.	566

(J) "Low and moderate income persons" means individuals and	567
families who qualify as low- and moderate-income persons pursuant	568
to guidelines the department of development establishes.	569

(K) "Multifamily rental housing" means multiple unit housing	570
intended for rental occupancy.	571

(L) "Nonprofit organization" means a nonprofit organization	572
in good standing and qualified to conduct business in this state	573
including any corporation whose members are members of a	574
metropolitan housing authority.	575

Sec. 175.21.        Sec. 174.02.  (A) The low- and moderate-income housing	576
trust fund is hereby created in the state treasury. The fund shall	577
consistconsists of all appropriations made to the fund, housing	578
trust fund fees collected by county recorders pursuant to section	579
317.36 of the Revised Code and deposited into the fund pursuant to	580
section 319.63 of the Revised Code, and all grants, gifts, loan	581
repayments, and contributions of money made from any source to the	582
department of development for deposit in the fund. All investment	583
earnings of the fund shall be credited to the fund. The director	584
of development shall allocate a portion of the money in the fund	585
to an account of the Ohio housing finance agency. The department	586
shall administer the fund. The agency shall use money allocated to	587
it in the fund for implementing and administering its programs and	588
duties under sections 175.22174.03 and 175.24174.05 of the	589
Revised Code, and the department shall use the remaining money in	590
the fund for implementing and administering its programs and	591
duties under sections 175.22174.03 to 175.25174.06 of the	592
Revised Code. Use of all money indrawn from the fund is subject	593
to the following restrictions:	594

(1) Not more than six per cent of any current year	595
appropriation authority for the fund shall be used for the	596
transitional and permanent housing program to make grants to	597
municipal corporations, counties, townships, and nonprofit	598
organizations for the acquisition, rehabilitation, renovation,	599
construction, conversion, operation, and cost of supportive	600
services for new and existing transitional and permanent housing	601
for homeless persons.	602

(2)(a) Not more than five per cent of anythe current year	603
appropriation authority for the fund shall be used for grants and	604
loans toallocated between grants to community development	605
corporations for the community development corporation grant	606
program and grants and loans to the Ohio community development	607
finance fund, a private nonprofit corporation.	608

(b) In any year in which the amount in the fund exceeds one	609
hundred thousand dollars and at least that much is allocated for	610
the uses described in this section, not less than one hundred	611
thousand dollars shall be used to provide training, technical	612
assistance, and capacity building assistance to nonprofit	613
development organizations in areas of the state the director	614
designates as underserved.	615

(c) For monies awarded in any fiscal year, priority shall be	616
given to proposals submitted by nonprofit development	617
organizations from areas of the state the director designates as	618
underserved.	619

(3) Not more than seven per cent of any current year	620
appropriation authority for the fund shall be used for the	621
emergency shelter housing grants program to make grants to	622
private, nonprofit organizations and municipal corporations,	623
counties, and townships for emergency shelter housing for the	624
homeless. The grants shall be distributed pursuant to rules the	625
director adopts and qualify as matching funds for funds obtained	626
pursuant to the McKinney Act, 101 Stat. 85 (1987), 42 U.S.C.A.	627
11371 to 11378.	628

(4) In any fiscal year in which the amount in the fund	629
exceeds the amount awarded pursuant to division (A)(2)(b) of this	630
section by at least two hundred fifty thousand dollars, at least	631
two hundred fifty thousand dollars from the fund shall be provided	632
to the department of aging for the resident services coordinator	633
program as established in section 173.08 of the Revised Code.	634

(5) Of all money in the fund:

635

(a) Not more than five per cent of any current year	636
appropriation authority shall be used for administration.	637

(b) Not less than forty-five per cent of the funds awarded	638
during any one fiscal year shall be for grants and loans to	639
nonprofit organizations under section 175.22174.03 of the Revised	640
Code.	641

(c) Not less than fifty per cent of the funds awarded during	642
any one fiscal year, excluding the amounts awarded pursuant to	643
divisions (A)(1), (A)(2), and (A)(3) of this section, shall be for	644
grants and loans for activities that provide housing and housing	645
assistance to families and individuals in rural areas and small	646
cities that are not eligible to participate as a participating	647
jurisdiction under the "HOME Investment Partnerships Act," 104	648
Stat. 4094 (1990), 42 U.S.C. 12701 note, 12721.	649

(d) No money in the fund shall be used to pay for any legal	650
services other than the usual and customary legal services	651
associated with the acquisition of housing.	652

(6) Except as otherwise provided by the director under	653
division (B) of this section, moneyMoney in the fund may be used	654
as matching money for federal funds received by the state,	655
counties, municipal corporations, and townships for the activities	656
listed in section 175.22174.03 of the Revised Code.	657

(B) If after the second quarter of any year it appears to the	658
director that the full amount of the money in the fund designated	659
in that year for activities that provide housing and housing	660
assistance to families and individuals in rural areas and small	661
cities under division (A) of this section will not be used for	662
that purpose, the director may reallocate all or a portion of that	663
amount for other housing activities. In determining whether or how	664
to reallocate money under this division, the director may consult	665
with and shall receive advice from the housing trust fund advisory	666
committee.	667

Sec. 175.22.        Sec. 174.03.  (A) The department of development and	668
the Ohio housing finance agency shall each develop programs under	669
which, in accordance with rules adopted under this section, they	670
may make grants, loans, loan guarantees, and loan subsidies to	671
counties, municipal corporations, townships, local housing	672
authorities, and nonprofit organizations and may make loans, loan	673
guarantees, and loan subsidies to private developers and private	674
lenders to assist in activities that provide housing and housing	675
assistance for specifically targeted low- and moderate-income	676
families and individuals. There is no minimum housing project size	677
for awards under this division for any project that is developed	678
for a special needs population and that is supported by a social	679
service agency where the housing project is located. Activities	680
for which grants, loans, loan guarantees, and loan subsidies may	681
be made under this section include all of the following:	682

(1) Acquiring, financing, constructing, leasing,	683
rehabilitating, remodeling, improving, and equipping publicly or	684
privately owned housing;	685

(2) Providing supportive services related to housing and the	686
homeless, including housing counseling. Not more than twenty per	687
cent of the current year appropriation authority for the low- and	688
moderate-income housing trust fund that remains after the award of	689
funds made pursuant to divisions (A)(1), (A)(2), and (A)(3) of	690
section 175.21174.02 of the Revised Code, shall be awarded in any	691
fiscal year for supportive services.	692

(3) Providing rental assistance payments or other project	693
operating subsidies that lower tenant rents.	694

(B) Grants, loans, loan guarantees, and loan subsidies may be	695
made to counties, municipal corporations, townships, and nonprofit	696
organizations for the additional purposes of providing technical	697
assistance, design and finance services and consultation, and	698
payment of pre-development and administrative costs related to any	699
of the activities listed above.	700

(C) In developing programs under this section, the department	701
and the agency shall invite, accept, and consider public comment,	702
and recommendations from the housing trust fund advisory committee	703
created under section 175.25174.06 of the Revised Code, on how	704
the programs should be designed to most effectively benefit low-	705
and moderate-income families and individuals. The programs	706
developed under this section shall respond collectively to housing	707
and housing assistance needs of low- and moderate-income families	708
and individuals statewide.	709

(D) The department and the agency, in accordance with Chapter	710
119. of the Revised Code, shall each adopt rules to administer	711
programs developed under this section. The rules shall prescribe	712
procedures and forms that counties, municipal corporations,	713
townships, local housing authorities, and nonprofit organizations	714
shall use in applying for grants, loans, loan guarantees, and loan	715
subsidies and that private developers and private lenders shall	716
use in applying for loans, loan guarantees, and loan subsidies;	717
eligibility criteria for the receipt of funds; procedures for	718
reviewing and granting or denying applications; procedures for	719
paying out funds; conditions on the use of funds; procedures for	720
monitoring the use of funds; and procedures under which a	721
recipient shall be required to repay funds that are improperly	722
used. The rules shall do both of the following:	723

(1) Require each recipient of a grant or loan made from the	724
low- and moderate-income housing trust fund for activities that	725
provide, or assist in providing, a rental housing project, to	726
reasonably ensure that the rental housing project will remain	727
affordable to those families and individuals targeted for the	728
rental housing project for the useful life of the rental housing	729
project or for thirty years, whichever is longer;	730

(2) Require each recipient of a grant or loan made from the	731
low- and moderate-income housing trust fund for activities that	732
provide, or assist in providing, a housing project to prepare and	733
implement a plan to reasonably assist any families and individuals	734
displaced by the housing project in obtaining decent affordable	735
housing.	736

(E) In prescribing eligibility criteria and conditions for	737
the use of funds, neither the department nor the agency is limited	738
to the criteria and conditions specified in this section and each	739
may prescribe additional eligibility criteria and conditions that	740
relate to the purposes for which grants, loans, loan guarantees,	741
and loan subsidies may be made. However, the department and agency	742
are limited by the following specifically targeted low- and	743
moderate-income guidelines:	744

(1) Not less than seventy-five per cent of the money granted	745
and loaned under this section in any fiscal year shall be for	746
activities that provide affordable housing and housing assistance	747
to families and individuals whose incomes are equal to or less	748
than fifty per cent of the median income for the county in which	749
they live, as determined by the department under section 175.23	750
174.04 of the Revised Code.	751

(2) Any money granted and loaned under this section in any	752
fiscal year that is not granted or loaned pursuant to division	753
(E)(1) of this section shall be for activities that provide	754
affordable housing and housing assistance to families and	755
individuals whose incomes are equal to or less than eighty per	756
cent of the median income for the county in which they live, as	757
determined by the department under section 175.23174.04 of the	758
Revised Code.	759

(F) In making grants, loans, loan guarantees, and loan	760
subsidies under this section, the department and the agency shall	761
give preference to viable projects and activities that benefit	762
those families and individuals whose incomes are equal to or less	763
than thirty-five per cent of the median income for the county in	764
which they live, as determined by the department under section	765
175.23174.04 of the Revised Code.	766

(G) The department and the agency shall monitor the programs	767
developed under this section to ensure that money granted and	768
loaned under this section is not used in a manner that violates	769
division (H) of section 4112.02 of the Revised Code or	770
discriminates against families with children.	771

Sec. 175.23.        Sec. 174.04. (A) The department of development shall	772
make an annual determination of the median income for families and	773
individualspersons in each county.	774

(B) The director of development shall determine appropriate	775
income limits for identifying or classifying low- and	776
moderate-income persons for the purposes of sections 174.01 to	777
174.07 of the Revised Code. In making the determination, the	778
director shall take into consideration the amount of income	779
available for housing, family size, the cost and condition of	780
available housing, ability to pay the amounts the private market	781
charges for decent, safe, and sanitary housing without federal	782
subsidy or state assistance, and the income eligibility standards	783
of federal programs. Income limits may vary from area to area	784
within the state.	785

Sec. 175.24.        Sec. 174.05.  (A) Annually, the department of	786
development shall submit a report to the president of the senate	787
and the speaker of the house of representatives describing the	788
activities of the department under sections 175.21174.01 to	789
175.25174.07 of the Revised Code during the previous state fiscal	790
year.	791

(B) Annually, the Ohio housing finance agency shall submit a	792
report to the president of the senate and the speaker of the house	793
of representatives describing the activities of the agency under	794
sections 175.21174.02, 175.22174.03, and 175.24174.05 of the	795
Revised Code during the previous state fiscal year.	796

Sec. 175.25.        Sec. 174.06. (A) There is hereby created the housing	797
trust fund advisory committee. The committee shall consist	798
consists of fourteen members appointed by the governor appoints as	799
follows, each of whom shallto represent an organization	800
organizations committed to housing and housing assistance for low-	801
and moderate-income persons:	802

(A)(1) One member shallto represent lenders.

803

(B)(2) One member shallto represent for-profit builders and	804
developers.	805

(C)(3) One member shallto represent the families and	806
individuals included in the income groups targeted for housing and	807
housing assistance under divisions (E) and (F) of section 175.22	808
174.03 of the Revised Code.	809

(D)(4) One member shallto represent religious, civic, or	810
social service organizations.	811

(E)(5) One member shallto represent counties.

812

(F)(6) One member shallto represent municipal corporations.

813

(G)(7) One member shallto represent townships.

814

(H)(8) One member shallto represent local housing	815
authorities.	816

(I)(9) One member shallto represent fair housing	817
organizations.	818

(J)(10) Three members shallto represent nonprofit	819
organizations.	820

(K)(11) One member shallto represent real estate brokers	821
licensed under Chapter 4735. of the Revised Code.	822

(L)(12) One member shallto represent the for-profit rental	823
housing industry.	824

(B)(1) Terms of office shall beare for four years, with each	825
term ending on the same day of the same month as did the term that	826
it succeeds. Each member shall hold office from the date of his	827
appointment until the end of the term for which hethe member was	828
appointed. Vacancies shall be filled in the manner prescribed for	829
the original appointment. A member appointed to fill a vacancy	830
occurring prior to the expiration of thea term for which his	831
predecessor was appointed shall hold office for the remainder of	832
that term. A member shall continue in office subsequent to the	833
expiration of hisa term until hisa successor takes office or	834
until a period of sixty days has elapsed, whichever occurs first.	835

(2) The governor may remove a member appointed by him, for	836
misfeasance, malfeasance, or willful neglect of duty.	837

(C)(1) The committee shall select a chairmanchairperson from	838
among its members. The committee shall meet at least once each	839
calendar year and upon the call of the chair. Members of the	840
committee shall serve without compensation, but shall be	841
reimbursed for reasonable and necessary expenses incurred in the	842
discharge of their duties.	843

(2) The department of development shall provide the committee	844
with a meeting place, supplies, and staff assistance as requested	845
by the committee requests.	846

(D) The committee shall assist the department and the Ohio	847
housing finance agency in defining housing needs and priorities,	848
shall make recommendationsrecommend to the department and agency	849
at least annually on how the programs developed under section	850
175.21174.02 of the Revised Code should be designed to most	851
effectively benefit low- and moderate-income families and	852
individualspersons, consider an allocation of funds for projects	853
of fifteen units or less, and advise the director of development	854
on whether and how to reallocate money in the low- and	855
moderate-income housing trust fund under division (B) of section	856
175.21174.02 of the Revised Code.	857

Sec. 175.26.        Sec. 174.07. Neither theThe department of	858
development nor, on its own and on the behalf of the Ohio housing	859
finance agency and the Ohio department of aging, shall make a	860
obtain controlling board approval prior to making any grant, loan,	861
loan guarantee, or loan subsidy greater than one hundred fifty	862
thousand dollars from or allocated from the low- and	863
moderate-income housing trust fund without first obtaining the	864
approval of the controlling board.	865

Sec. 175.01. As used in this chapter:

866

(A) "Bonds" means bonds, notes, debentures, refunding bonds,	867
refunding notes, and other obligations.	868

(B) "Financial assistance" means grants, loans, loan	869
guarantees, an equity position in a project, and loan subsidies.	870

(C) "Grant" means funding for which repayment is not	871
required.	872

(D) "Homeownership program" means any program for which the	873
Ohio housing finance agency provides financing, directly or	874
indirectly, for the purchase of housing for owner-occupancy.	875

(E) "Housing" means housing for owner-occupancy and	876
multifamily rental housing.	877

(F) "Housing development fund" means the housing development	878
fund created and administered pursuant to section 175.11 of the	879
Revised Code.	880

(G) "Housing for owner-occupancy" means housing that is	881
intended for occupancy by an owner as a principal residence.	882
"Housing for owner-occupancy" may be any type of structure and may	883
be owned in any form of ownership.	884

(H) "Housing trust fund" means the low- and moderate-income	885
housing trust fund created and administered pursuant to Chapter	886
174. of the Revised Code.	887

(I) "Improvement" means any alteration, remodeling, addition,	888
or repair that substantially protects or improves the basic	889
habitability or energy efficiency of housing.	890

(J) "Lending institution" means any financial institution	891
qualified to conduct business in this state, a subsidiary	892
corporation that is wholly owned by a financial institution	893
qualified to conduct business in this state, and a mortgage lender	894
whose regular business is originating, servicing, or brokering	895
real estate loans and who is qualified to do business in this	896
state.	897

(K) "Loan" means any extension of credit or other form of	898
financing or indebtedness extended directly or indirectly to a	899
borrower with the expectation that it will be repaid in accordance	900
with the terms of the underlying loan agreement or other pertinent	901
document. "Loan" includes financing the Ohio housing finance	902
agency extends to lending institutions and indebtedness the agency	903
purchases from lending institutions.	904

(L) "Loan guarantee" means any agreement in favor of a	905
lending institution, bondholder, or other lender in which the	906
credit and resources of the housing finance agency or the housing	907
trust fund are pledged to secure the payment or collection of	908
financing extended to a borrower for the acquisition,	909
construction, improvement, rehabilitation, or preservation of	910
housing or to refinance any financing previously extended for	911
those purposes.	912

(M) "Loan subsidy" means any deposit of funds the Ohio	913
housing finance agency holds or administers into a lending	914
institution with the authorization or direction that the income or	915
revenues the deposit earns, or could have earned at competitive	916
rates, be applied directly or indirectly to the benefit of housing	917
assistance or financial assistance.	918

(N) "Low- and moderate-income persons" means individuals and	919
families who qualify as low- and moderate-income pursuant to	920
guidelines the agency establishes.	921

(O) "Multifamily rental housing" means multiple unit housing	922
intended for rental occupancy.	923

(P) "Nonprofit organization" means a nonprofit organization	924
in good standing and qualified to conduct business in this state	925
including any corporation whose members are members of a	926
metropolitan housing authority.	927

(Q) "Owner" means any person, who, jointly or severally has	928
legal or equitable title to housing together with the right to	929
control or possess that housing. "Owner" includes a purchaser of	930
housing pursuant to a land installment contract if that contract	931
vests possession and maintenance responsibilities in the	932
purchaser, and a person who has care, or control of housing as	933
executor, administrator, assignee, trustee, or guardian of the	934
estate of the owner of that housing.	935

(R) "Security interest" means any lien, encumbrance, pledge,	936
assignment, mortgage, or other form of collateral the Ohio housing	937
finance agency holds as security for financial assistance the	938
agency extends or a loan the agency acquires.	939

Sec. 175.02. (A) There is hereby created the Ohio housing	940
finance agency, a body corporate and politic, performing essential	941
governmental functions of the state. The mission of the agency	942
includes but is not limited to assisting with the financing,	943
refinancing, production, development, and preservation of housing	944
for occupancy by low- and moderate-income persons, provision of	945
rental assistance and housing services for low- and moderate	946
income persons, and promoting community development, economic	947
stability, and growth within Ohio. To accomplish this mission, the	948
agency shall work with persons eligible for its programs,	949
nonprofit organizations and for-profit housing development	950
entities, public entities, and lending institutions. The agency	951
may review conformity with its programs and monitor a recipient's	952
use of funds it provides to assure compliance.	953

(B) It is hereby declared to be the public purpose of this	954
state to improve and promote the public health, safety,	955
convenience, welfare, and prosperity of the people of the state by	956
the production and preservation of housing.	957

Sec. 175.03. (A)(1) The Ohio housing finance agency consists	958
of eleven members. The governor, with the advice and consent of	959
the senate, shall appoint nine of the members. The other two	960
members are the director of commerce and the director of	961
development or their respective designees.	962

(2) The governor shall appoint one member with experience in	963
residential housing construction; one with experience in	964
residential housing mortgage lending, loan servicing, or	965
brokering; one with experience in the licensed residential housing	966
brokerage business; one with experience with the housing needs of	967
senior citizens; one with a background in labor representation in	968
the construction industry; one to represent the interests of	969
nonprofit multifamily housing development organizations; one to	970
represent the interests of for-profit multifamily housing	971
development organizations; and two who are public members.	972

(3) The governor shall receive recommendations from the Ohio	973
housing council for appointees to represent the interests of	974
nonprofit multifamily housing development organizations and	975
for-profit multifamily housing development organizations.	976

(4) Not more than six of the appointed members of the agency	977
may be of the same political party.	978

(B)(1) Of the initial appointments the governor makes, one	979
member representing the public has an initial term ending January	980
31, 2010, the other member representing the public has an initial	981
term ending January 31, 2008, the member with a background in	982
labor representation in the construction industry has an initial	983
term ending January 31, 2005, the member with experience in	984
residential housing mortgage lending, loan servicing, or brokering	985
has an initial term ending January 31, 2008, the member with	986
experience with the housing needs of senior citizens has an	987
initial term ending January 31, 2006, the member representing the	988
interests of nonprofit multifamily housing development	989
corporations has an initial term ending January 31, 2007, the	990
member representing the interests of for-profit multifamily	991
housing development organizations has an initial term ending	992
January 31, 2006, and the member with experience in residential	993
housing construction and the member with experience in licensed	994
residential housing brokerage each has an initial term ending	995
January 31, 2009. Thereafter, each appointed member shall serve	996
for a term of six years with each term ending on the thirty-first	997
day of January, six years following the termination date of the	998
term it succeeds. There is no limit on the number of terms a	999
member may serve.	1000

(2) Each member shall hold office from the date of	1001
appointment until the end of the term for which the member is	1002
appointed. Any member appointed to fill a vacancy occurring prior	1003
to the expiration of a term continues in office for the remainder	1004
of that term. Any appointed member shall continue in office	1005
subsequent to the expiration date of the member's term until the	1006
member's successor takes office or until sixty days have elapsed,	1007
whichever occurs first.	1008

(3) The governor may remove an appointed member from office	1009
for misfeasance, nonfeasance, or malfeasance in office.	1010

(C)(1) Except as otherwise provided in this section, members	1011
and agency employees shall comply with Chapter 102. and sections	1012
2921.42 and 2921.43 of the Revised Code.	1013

(2) An agency member who is a director, officer, employee, or	1014
owner of a lending institution is not in violation of Chapter 102.	1015
and is not subject to section 2921.42 of the Revised Code with	1016
respect to a loan to an applicant from the lending institution or	1017
a contract between the agency and the lending institution for the	1018
purchase, administration, or servicing of loans if the member	1019
abstains from participation in any matter that affects the	1020
interests of the member's lending institution.	1021

(3) An agency member who represents multifamily housing	1022
interests is not in violation of division (D) or (E) of section	1023
102.03 or division (A) of section 2921.42 of the Revised Code in	1024
regard to a contract the agency enters into if both of the	1025
following apply:	1026

(a) The contract is entered into for a loan, grant, or	1027
participation in a program the agency administers or funds and the	1028
contract is awarded pursuant to rules or guidelines the agency	1029
adopts.	1030

(b) The member does not participate in the discussion or vote	1031
on the contract if the contract secures a grant or loan that	1032
directly benefits the member, a family member, or a business	1033
associate of the member.	1034

(4)(a) Each appointed agency member shall receive	1035
compensation at the rate of two hundred fifty dollars per agency	1036
meeting attended in person, not to exceed a maximum of four	1037
thousand dollars per year.	1038

(b) The compensation rate for appointed members applies until	1039
six years after the effective date of this section, at which time	1040
the members may increase the compensation for members who are	1041
appointed or reappointed after that time. All members are entitled	1042
to reimbursement for actual and necessary expenses incurred in the	1043
discharge of official duties.	1044

Sec. 175.04. (A) The governor shall appoint a chairperson	1045
from among the members. The agency members shall elect a member as	1046
vice-chairperson. The agency members may appoint other officers,	1047
who need not be members of the agency, as the agency deems	1048
necessary.	1049

(B) Six members of the agency constitute a quorum and the	1050
affirmative vote of six members is necessary for any action the	1051
agency takes. No vacancy in agency membership impairs the right of	1052
a quorum to exercise all of the agency's rights and perform all	1053
the agency's duties. Agency meetings may be held at any place	1054
within the state. Meetings shall comply with section 121.22 of the	1055
Revised Code.	1056

(C) The agency shall maintain accounting records in	1057
accordance with generally accepted accounting principals and other	1058
required accounting standards.	1059

(D) The agency shall develop policies and guidelines for the	1060
administration of its programs and annually shall conduct at least	1061
one public hearing to obtain input from any interested party	1062
regarding the administration of its programs. The hearing shall be	1063
held at a time and place as the agency determines and when a	1064
quorum of the agency is present.	1065

(E) The agency shall appoint committees and subcommittees	1066
comprised of members of the agency to handle matters it deems	1067
appropriate.	1068

(1) The agency shall adopt an annual plan to address this	1069
state's housing needs. The agency shall appoint an annual plan	1070
committee to develop the plan and present it to the agency for	1071
consideration.	1072

(2) The annual plan committee shall select an advisory board	1073
from a list of interested individuals the executive director	1074
provides or on its own recommendation. The advisory board shall	1075
provide input on the plan at committee meetings prior to the	1076
annual public hearing. At the public hearing, the committee shall	1077
discuss advisory board comments. The advisory board may include,	1078
but is not limited to, persons who represent state agencies, local	1079
governments, public corporations, nonprofit organizations,	1080
community development corporations, housing advocacy organizations	1081
for low- and moderate-income persons, realtors, syndicators,	1082
investors, lending institutions, and other entities participating	1083
in the agency's programs.	1084

(F) The agency shall prepare an annual financial report	1085
describing its activities during the reporting year and submit	1086
that report to the governor, the speaker of the house of	1087
representatives, and the president of the senate within three	1088
months after the end of the reporting year. The report shall	1089
include the agency's audited financial statements, prepared in	1090
accordance with generally accepted accounting principles and	1091
appropriate accounting standards.	1092

(G) The agency shall prepare an annual report of its programs	1093
describing how the programs have met this state's housing needs.	1094
The agency shall submit the report to the governor, the speaker of	1095
the house of representatives, and the president of the senate	1096
within three months after the end of the reporting year.	1097

Sec. 175.05. (A) The Ohio housing finance agency shall do all	1098
of the following related to the agency's operation:	1099

(1) Adopt bylaws for the conduct of its business;

1100

(2) Employ and fix the compensation of an executive director	1101
who serves at the pleasure of the agency to administer the	1102
agency's programs and activities. The executive director may	1103
employ and fix the compensation of employees in the unclassified	1104
civil service as necessary to carry out this chapter and may	1105
employ other personnel who are governed by collective bargaining	1106
law and classified under that law. The executive director shall	1107
file financial disclosure statements as described in section	1108
102.02 of the Revised Code.	1109

(3) Establish an operating budget for the agency;

1110

(4) Notwithstanding any other provision of the Revised Code,	1111
hold all moneys, funds, properties, and assets the agency acquires	1112
or that are directly or indirectly within the agency's control,	1113
including proceeds from the sale of bonds, revenues, and	1114
otherwise, in trust for the purpose of exercising its powers and	1115
carrying out its duties pursuant to this chapter. Notwithstanding	1116
any other provision of the Revised Code, at no time shall the	1117
agency's moneys, funds, properties, or assets be considered public	1118
moneys, public funds, public properties, or public assets or	1119
subject to Chapters 131. and 135. of the Revised Code.	1120

(5) Maintain a principal office and other offices within the	1121
state.	1122

(B) The Ohio housing finance agency may do any of the	1123
following related to the agency's operation:	1124

(1) Except as otherwise provided in section 174.04 of the	1125
Revised Code, determine income limits for low- and moderate-income	1126
persons and establish periodic reviews of income limits. In	1127
determining income limits, the agency shall take into	1128
consideration the amount of income available for housing, family	1129
size, the cost and condition of available housing, ability to pay	1130
the amounts the private market charges for decent, safe, and	1131
sanitary housing without federal subsidy or state assistance, and	1132
the income eligibility standards of federal programs. Income	1133
limits may vary from area to area within the state.	1134

(2) Provide technical information, advice, and assistance	1135
related to obtaining federal and state aid to assist in the	1136
planning, construction, rehabilitation, refinancing, and operation	1137
of housing;	1138

(3) Provide information, assistance, or instruction	1139
concerning agency programs, eligibility requirements, application	1140
procedures, and other related matters;	1141

(4) Procure or require the procurement of insurance and pay	1142
the premium against loss in connection with the agency's	1143
operations, to include the repayment of a loan, in amounts and	1144
from insurers, including the federal government, as the agency	1145
determines;	1146

(5) Contract with, retain, or designate financial	1147
consultants, accountants, attorneys, and other consultants and	1148
independent contractors the agency determines are necessary or	1149
appropriate;	1150

(6) Charge, alter, and collect interest and other charges for	1151
program services including, but not limited to, the allocation of	1152
loan funds, the purchase of mortgage loans, and the provision of	1153
services that include processing, inspecting, and monitoring of	1154
housing units financed and the financial records for those units;	1155

(7) Conduct or authorize studies and analyses of housing	1156
needs and conditions to the extent that those activities are not	1157
carried out by other agencies in a manner that is satisfactory for	1158
the agency's needs;	1159

(8)(a) Acquire by gift, purchase, foreclosure, investment, or	1160
other means, and hold, assign, pledge, lease, transfer, or	1161
otherwise dispose of real and personal property or any interest in	1162
that property in the exercise of its powers and the performance of	1163
its duties;	1164

(b) Any instrument by which real property is acquired	1165
pursuant to this section shall identify the state agency that has	1166
the use and benefit of the real property as specified in section	1167
5301.012 of the Revised Code.	1168

(9)(a) Borrow money, receive gifts, grants, loans, or other	1169
assistance from any federal, state, local, or other government	1170
source, including the housing development fund and the housing	1171
trust fund, and enter into contracts in connection with those	1172
sources of assistance;	1173

(b) Receive assistance or contributions from any	1174
nongovernment source to include money, property, labor, or things	1175
of value, to be held, used, and applied only for the purposes for	1176
which the grants and contributions are made and within the	1177
purposes of this chapter.	1178

(10) Sue and be sued in its own name with respect to its	1179
contracts, obligations, and covenants, or the enforcement of this	1180
chapter. Any actions against the agency shall be brought in a	1181
court of competent jurisdiction located in Franklin county, Ohio.	1182

(11) Enter into any contract, commitment, or agreement and	1183
execute any instrument necessary or incidental to the performance	1184
of duties and the execution of powers;	1185

(12) Adopt an official seal;

1186

(13)(a) Contract with any private or government entity to	1187
administer programs for which the agency receives sufficient	1188
revenues for its services or the agency supports with uncommitted	1189
agency resources that pay the agency's operating costs;	1190

(b) Administer state and federal programs for which the	1191
governor designates the agency to act as administrator. The agency	1192
may charge administrative fees to the state, the federal	1193
government, or a program recipient.	1194

(14) Notwithstanding any other provision of the Revised Code,	1195
establish, maintain, administer, and close funds and accounts as	1196
convenient or appropriate to the agency's operations;	1197

(15) Establish a policy to permit the investment of agency	1198
funds in securities and obligations;	1199

(16) Establish rules and procedures that the agency	1200
determines are appropriate to appeal the agency's actions and	1201
decisions;	1202

(17) Serve housing needs in instances that the agency	1203
determines necessary as a public purpose;	1204

(18) Provide coverage for its employees under Chapters 145.,	1205
4123., and 4141. of the Revised Code;	1206

(19) Adopt rules pursuant to Chapter 119. of the Revised	1207
Code;	1208

(20) Do anything necessary or appropriate to exercise the	1209
powers of this chapter and carry out the purposes of this chapter	1210
and Section 14, Article VIII and Section 16, Article VIII, Ohio	1211
Constitution.	1212

Sec. 175.06. (A) The Ohio housing finance agency shall do all	1213
of the following related to carrying out its programs:	1214

(1) Upon the governor's designation, serve as the housing	1215
credit agency for the state and perform all responsibilities of a	1216
housing credit agency pursuant to Section 42 of the Internal	1217
Revenue Code and similar applicable laws;	1218

(2) Require that housing that benefits from the agency's	1219
assistance be available without discrimination in accordance with	1220
Chapter 4112. of the Revised Code and applicable provisions of	1221
federal law.	1222

(B) The Ohio housing finance agency may do any of the	1223
following related to carrying out its programs:	1224

(1) Issue bonds, provide security for assets, make deposits,	1225
purchase or make loans, provide economic incentives for the	1226
development of housing, and provide financial assistance for	1227
emergency housing;	1228

(2) Serve as a public housing agency and contract with the	1229
United States department of housing and urban development to	1230
administer the department's rent subsidy program, housing subsidy	1231
program, and monitoring programs for low- and moderate-income	1232
persons. The agency shall ensure that any contract into which it	1233
enters provides for sufficient compensation to the agency for its	1234
services.	1235

(3) Develop and administer programs under which the agency	1236
uses moneys from the housing trust fund as allocated by the	1237
department of development to extend financial assistance pursuant	1238
to sections 174.01 to 174.07 of the Revised Code;	1239

(4) Make financial assistance available;

1240

(5) Guarantee and commit to guarantee the repayment of	1241
financing that a lending institution extends for housing,	1242
guaranteeing that debt with any of the agency's reserve funds not	1243
raised by taxation and not otherwise obligated for debt service,	1244
including the housing development fund established pursuant to	1245
section 175.11 of the Revised Code and any fund created under	1246
division (B)(4) of section 175.05 of the Revised Code;	1247

(6) Make, commit to make, and participate in making financial	1248
assistance, including federally insured mortgage loans, available	1249
to finance the construction and rehabilitation of housing or to	1250
refinance existing housing;	1251

(7) Invest in, purchase, and take from lenders the assignment	1252
of notes or other evidence of debt including federally insured	1253
mortgage loans, or participate with lenders in notes and loans for	1254
homeownership, development, or refinancing of housing;	1255

(8) Sell at public or private sale any mortgage or mortgage	1256
backed securities the agency holds;	1257

(9) Issue bonds to carry out the agency's purposes as set	1258
forth in this chapter;	1259

(10) Extend or otherwise make available housing assistance on	1260
terms the agency determines.	1261

(C) The Ohio housing finance agency may issue bonds and	1262
extend financial assistance from any fund the agency administers	1263
for the prompt, replacement, repair, or refinancing of damaged	1264
housing if both of the following apply:	1265

(1) The governor declares that a state of emergency exists	1266
with respect to a county, region, or political subdivision of this	1267
state, or declares that a county, region, or political subdivision	1268
has experienced a disaster as defined in section 5502.21 of the	1269
Revised Code.	1270

(2) The agency determines that the emergency or disaster has	1271
substantially damaged or destroyed housing in the area of the	1272
emergency or disaster.	1273

(D) The agency shall establish guidelines for extending	1274
financial assistance for emergency housing. The guidelines shall	1275
include eligibility criteria for assistance and the terms and	1276
conditions under which the agency may extend financial assistance.	1277

Sec. 175.07. (A)(1) The Ohio housing finance agency shall not	1278
approve funding for any multifamily rental housing to be	1279
constructed with agency assistance or pursuant to any program the	1280
agency operates or administers unless the applicant provides	1281
notice of the proposed project as this section requires.	1282

(2) Any notice shall be in writing and delivered by certified	1283
mail. The notice shall include the proposed project's address, the	1284
number of units in the project, a description of the project, a	1285
statement of whether the project is new construction,	1286
rehabilitation, or other, a summary of the programs that the	1287
project will utilize, and the address of the agency and the person	1288
to whom to direct comments. The notice shall inform recipients of	1289
their right to submit, within thirty days of the mailing date of	1290
the notice, comments to the agency regarding the proposed	1291
project's impact on the community and that objection to the	1292
project must be submitted in writing and signed by a majority of	1293
the voting members of the legislative body.	1294

(3) An applicant requesting funds for a project of more than	1295
ten units shall provide the notice to all of the following:	1296

(a) The chief executive officer and the clerk of the	1297
legislative body of any municipal corporation in which the project	1298
is proposed to be constructed or that is within one-half mile of	1299
the project's boundaries;	1300

(b) The clerk of any township in which the project is	1301
proposed to be constructed or that is within one-half mile of the	1302
project's boundaries;	1303

(c) The clerk of the board of county commissioners of any	1304
county in which the project is proposed to be constructed or that	1305
is within one-half mile of the project's boundaries.	1306

(4) An applicant requesting funds for a project with ten or	1307
fewer units shall provide the notice to the chief elected official	1308
of the jurisdiction in which the project is proposed to be	1309
constructed, except that if more than one individual serves as the	1310
chief elected official, the applicant shall deliver the notice to	1311
the clerk of the legislative body of that jurisdiction.	1312

(5) To object to a proposed project, a recipient of a notice	1313
shall do both of the following:	1314

(a) Submit a written objection that is signed by a majority	1315
of the voting members of the legislative body in which the project	1316
is proposed to be constructed or that is within one-half mile of	1317
the project's boundaries;	1318

(b) Send a copy of the written objection to the executive	1319
director of the agency by certified mail, return receipt	1320
requested, so that the agency receives the objection within	1321
forty-five days after the applicant mailed the notice to the	1322
recipient.	1323

(6) The agency shall provide a written response to any	1324
comments that it receives pursuant to division (A)(5) of this	1325
section.	1326

(7) The agency shall hold a public hearing to receive	1327
comments of residents of any political subdivision in which the	1328
multifamily rental housing is proposed to be constructed with the	1329
assistance of the agency's multifamily bond program. The applicant	1330
shall provide notice of the hearing to all persons listed in	1331
divisions (A)(3) and (4) of this section and ten days in advance	1332
of the hearing shall publish a notice of the hearing in a	1333
newspaper of general circulation in the county in which the	1334
project is proposed to be constructed. The agency shall hold the	1335
public hearing in the county in which the project is proposed to	1336
be constructed.	1337

(B) For purposes of this section, "constructed" means the	1338
creation of multifamily rental housing units through new	1339
construction or the conversion of an existing nonresidential	1340
building into multifamily rental housing units.	1341

Sec. 175.08. (A) The Ohio housing finance agency may use the	1342
proceeds of bonds to carry out the agency's lawful purposes.	1343

(B) The agency is the sole entity in the state that may issue	1344
bonds pursuant to Section 143(a) of the Internal Revenue Code or	1345
any similar provision of law. When the agency issues bonds to fund	1346
it's homeownership program, it shall take all diligent measures to	1347
maximize the distribution of mortgage loans statewide, especially	1348
in underserved areas of the state, including but not limited to	1349
attempting to involve qualified lending institutions throughout	1350
the state.	1351

(C) Bonds issued pursuant to this chapter need not comply	1352
with any provision of the Revised Code not in this chapter that	1353
applies to the issuance of bonds or notes. Notwithstanding any	1354
other provision of the Revised Code, the deposit, application,	1355
safeguarding, and investment of agency funds received or held	1356
under the agency's bond proceedings are not subject to Chapters	1357
131. and 135. of the Revised Code and at no time are those funds	1358
public moneys or public funds.	1359

(D)(1) Bonds issued pursuant to this chapter do not	1360
constitute a debt or the pledge of the faith and credit of this	1361
state or any political subdivision of this state. The holders or	1362
owners of the agency's bonds have no right to require the general	1363
assembly or the taxing authority of any political subdivision to	1364
levy taxes for the payment of the principal or interest on the	1365
agency's bonds. Money raised by taxation shall not be obligated or	1366
pledged for the payment of the principal or interest on bonds the	1367
agency issues pursuant to this chapter.	1368

(2) Bonds issued pursuant to this chapter are payable solely	1369
from the revenues and security interests pledged for their payment	1370
as authorized by this chapter, except for bonds the agency issues	1371
in anticipation of the issuance of bonds and bonds that are	1372
refunded by refunding bonds. Refunding bonds are payable solely	1373
from revenues and security interests pledged for their payment as	1374
authorized by this chapter.	1375

(E)(1) Any pledge on bonds is valid and binding from the time	1376
the pledge is made, and the revenues and security interests	1377
pledged and received are immediately subject to the lien of the	1378
pledge without any physical delivery or further act. The lien of	1379
the pledge is valid and binding as against all parties having	1380
claims of any kind in tort, contract, or otherwise against the	1381
agency, irrespective of whether the parties have notice of the	1382
lien of the pledge.	1383

(2) Any resolution or trust agreement by which a pledge is	1384
created need not be filed or recorded except in the records of the	1385
agency. Any bond shall contain on its face a statement to the	1386
effect that the bond, as to both principal and interest, is not a	1387
debt of this state or any political subdivision of this state, but	1388
is payable solely from the revenues and security interests pledged	1389
for its payment.	1390

(F) The agency may issue bonds for any term, at any interest	1391
rate, use any method of calculating interest including a variable	1392
interest rate, and include any provision or condition authorized	1393
pursuant to resolutions the agency adopts. The agency may	1394
authorize bonds of any denomination, form, registration privilege,	1395
medium of payment, place of payment, and term of redemption.	1396

(G) The agency may sell bonds at public or private sale, for	1397
an amount not less than the price that the agency establishes. The	1398
agency chairperson or vice chairperson and any other officer that	1399
the agency designates shall execute the bonds manually or by	1400
facsimile signature. The agency may affix or print the agency's	1401
official seal or a facsimile on the bonds. Any coupons attached to	1402
the bonds shall bear the signature or facsimile signature of the	1403
chairperson or vice chairperson and any other officer the agency	1404
designates. If an officer whose signature appears on bonds or	1405
coupons ceases to be an officer before the delivery of the bonds,	1406
that signature or facsimile is sufficient for all purposes as if	1407
the officer had remained in office. If the agency changes its seal	1408
after a facsimile is imprinted on the bonds, the imprinted	1409
facsimile seal is sufficient for all purposes. The agency may	1410
execute bonds in book entry form in any manner appropriate to that	1411
form.	1412

(H)(1) Any resolution that authorizes bonds or an issue of	1413
bonds may do any of the following:	1414

(a) Pledge any of the agency's revenues and security	1415
interests to secure the payment of bonds or any issue of bonds;	1416

(b) Specify the use, investment, and disposition of the	1417
agency's revenues;	1418

(c) Agree to establish, alter, and collect fees and other	1419
charges in an amount that pledged revenues are sufficient to pay	1420
the costs of operation and pay the principal and interest on bonds	1421
secured by the pledge of the revenues;	1422

(d) Provide reserves that the resolution or trust agreement	1423
requires;	1424

(e) Set aside reserve funds or sinking funds and regulate and	1425
dispose of those funds;	1426

(f) Credit the proceeds of the sale of bonds to and among the	1427
funds referred to or provided for in the trust agreement or the	1428
resolution that authorized the issuance of bonds;	1429

(g) Establish limits on the purposes to which the proceeds of	1430
the sale of bonds may be applied and pledge those proceeds to	1431
secure the payment of the bonds or any issue of bonds;	1432

(h) Agree to do all things necessary for the authorization,	1433
issuance, and sale of bonds in amounts necessary for the timely	1434
retirement of notes issued in anticipation of the issuance of	1435
bonds;	1436

(i) Establish limits on the issuance of additional bonds;

1437

(j) Establish the terms upon which additional bonds may be	1438
issued and secured;	1439

(k) Provide for the refunding of outstanding bonds;

1440

(l) Establish procedures for amending or abrogating the terms	1441
of any contract with bondholders;	1442

(m) Establish limits on the amount of moneys the agency may	1443
expend for operating, administrative, or other expenses;	1444

(n) Secure bonds by a trust agreement in accordance with	1445
section 175.06 of the Revised Code;	1446

(o) Establish rules and procedures to address matters that	1447
affect the security or protection of the bonds.	1448

(2) Any resolution authorizing bonds or an issue of bonds is	1449
subject to any agreement with bondholders that exists at the time	1450
of the resolution. The provisions of any resolution authorizing	1451
bonds becomes part of the contract with the bondholders.	1452

(I) No agency member nor any person executing agency bonds is	1453
liable personally on the bonds or is subject to any personal	1454
liability by reason of the issuance of the bonds.	1455

(J) Bonds issued pursuant to this chapter are deemed to be	1456
negotiable instruments, subject only to the provisions of the	1457
bonds for registration, and possessing the qualities and incidents	1458
of negotiable instruments, notwithstanding whether those bonds are	1459
of the form or character otherwise to be negotiable instruments.	1460

Sec. 175.08.        Sec. 175.09.  (A) In(1) At the discretion of the Ohio	1461
housing finance agency, any bonds issued underpursuant to this	1462
chapter may be secured by a trust agreement between the agency and	1463
a corporate trustee, which may be any trust company or financial	1464
institution havingthat has the powers of a trust company within	1465
or without the state but authorizedand is qualified to exercise	1466
those trust powers within thethis state. Any suchA trust	1467
agreement may pledge or assign the agency's revenues and security	1468
interests of the agency held or to be receivedholds or is to	1469
receive. Any such trust agreement or any resolution providingthat	1470
provides for the issuance of such bonds may contain such	1471
reasonable and proper provisions for protecting and enforcingthat	1472
protect and enforce the rights and remedies of the bondholders as	1473
are reasonable and proper and not in violation ofdo not violate	1474
any law, including covenants settingor covenant that sets forth	1475
the agency's duties of the agency in relation to the fees,	1476
interest rates, or other charges to be imposed for the loans made	1477
or purchased orthe agency makes or purchases, services rendered	1478
by the agency renders, and the custody, safekeeping, and	1479
application of all moneys. Any	1480

(2) Any financial institution or trust company which may act	1481
that acts as a depository of the proceeds of bonds or of,	1482
revenues, or reserve funds may furnish such indemnifying bonds or	1483
may pledge such securities as are required bythat the agency	1484
requires. Any suchThe trust agreement may set forth the rights	1485
and remedies of the bondholders and of the trustee, and may	1486
restrict the individual right of action by bondholders as is	1487
customary in trust agreements or trust indentures securing similar	1488
bonds. Such	1489

(3) A trust agreement may contain such other provisions as	1490
the agency considers reasonable and proper for the security of the	1491
bondholders, including any provision that may be contained in	1492
resolutionsa resolution under this section, with that provision	1493
having the same effect as if containedit were in sucha	1494
resolution.	1495

(B) Any holder of the bonds or any of the coupons	1496
appertaining thereto and the trustee under any trust agreement	1497
executed pursuant to division (A) of this section, except to the	1498
extent theto which the resolution or trust agreement restricts	1499
rights given are restricted by the applicable resolution or trust	1500
agreement, may by suit, action, mandamus, or other proceedings,	1501
protect and enforce any rights under the laws of thethis state or	1502
granted under the trust agreement, or included in the resolution	1503
authorizingthat authorizes the issuance of suchthe bonds, and	1504
may enforce and compel the performance of all duties required by	1505
this chapter, the trust agreement, orand the resolution to be	1506
performed by the agency or any agency officer thereof, including	1507
the fixingestablishing, charging, and collecting of fees,	1508
interest rates, or other charges.	1509

(C) Moneys in the funds of the agencyagency's trust estates	1510
may be invested as provided in any resolution authorizingthat	1511
authorizes the issuance of its bonds or in any trust agreement	1512
securing the samethat secures those bonds. Income from all such	1513
investments of moneys in any fund shall be credited to such funds	1514
as the agency determines, subject to the provisions of any such	1515
resolution or trust agreement, and such investments may be sold at	1516
such times asthat the agency determines.	1517

Sec. 175.09.        Sec. 175.10.  (A) All bonds issued under this chapter	1518
are lawful investments of banks, societies for savings, savings	1519
and loan associations, deposit guarantee associations, trust	1520
companies, trustees, fiduciaries, insurance companies, including	1521
domestic for life and domestic not for life, trustees or other	1522
officers having charge of sinking and bond retirement or other	1523
special funds of political subdivisions and taxing districts of	1524
this state, the commissioners of the sinking fund of the state,	1525
the administrator of workers' compensation, the state teachers	1526
retirement system, the public employees retirement system, the	1527
school employees retirement system, and the Ohio police and fire	1528
pension fund, notwithstanding any other provision of the Revised	1529
Code or rules adopted pursuant thereto by any governmental agency	1530
of thethis state with respect to investments by them, and are	1531
acceptable as security for the deposit of public moneys.	1532

(B) The exercise of the powers granted by this chapter will	1533
begrants is in all respects for the benefit of the people of the	1534
state, for the improvement of their health, safety, convenience,	1535
and economic welfare, and for the enhancement of the opportunities	1536
for safe and sanitary housing and is a public purpose. The	1537

(C) The programs undertaken by the Ohio housing finance	1538
agency constitute the performance of essential public functions,	1539
and the bonds issued under this chapter, their transfer, and the	1540
income therefromfrom those bonds, including any profit made on	1541
thetheir sale thereof, is at all times free from taxation within	1542
thethis state.	1543

Sec. 175.11. (A) The housing development fund is hereby	1544
created. The fund consists of all appropriations made to the fund,	1545
all grants, gifts, loan repayments, and contributions of money	1546
made from any source to the Ohio housing finance agency for	1547
deposit in the fund in addition to amounts loaned to the Ohio	1548
housing finance agency pursuant to section 169.05 of the Revised	1549
Code. The amounts may be deposited in the state treasury to the	1550
credit of the housing development fund or placed with financial	1551
organizations. The agency shall administer the fund. The agency	1552
may request funds as needed pursuant to section 169.05 of the	1553
Revised Code to fund loans, loan guarantees, and loan subsidies.	1554
The agency may request funds for a loan guarantee only to satisfy	1555
a mortgage guarantee that is in default.	1556

(B) The agency shall use moneys in the housing development	1557
fund solely for the purposes this chapter authorizes and at no	1558
time shall the fund be considered a part of the public moneys or	1559
subject to Chapters 131. and 135. of the Revised Code.	1560

Sec. 175.12. (A) This chapter, being necessary for the	1561
welfare of the state and its inhabitants, shall be liberally	1562
construed to effect its purposes and the purposes of Section 14,	1563
of Article VIII and Section 16, Article VIII, Ohio Constitution.	1564

(B) The following are not public records subject to section	1565
149.43 of the Revised Code:	1566

(1) Financial statements and data submitted for any purpose	1567
to the Ohio housing finance agency or the controlling board by any	1568
person in connection with applying for, receiving, or accounting	1569
for financial assistance the agency provides;	1570

(2) Information that identifies any individual who benefits	1571
directly or indirectly from financial assistance the agency	1572
provides.	1573

(C)(1) The agencies of this state shall cooperate fully with	1574
the Ohio housing finance agency and shall provide information the	1575
Ohio housing finance agency determines is necessary or helpful for	1576
its operation.	1577

(2) The Ohio housing finance agency may arrange with and	1578
enter into contracts with other entities to perform functions this	1579
chapter authorizes the agency to perform and compensate those	1580
entities for performing those functions.	1581

(3) The agency may enter into contracts with state entities	1582
as described in this chapter.	1583

(D) Any state agency may enter into an agreement with the	1584
Ohio housing finance agency to furnish supplies, equipment, or	1585
services pursuant to terms both agencies agree upon for	1586
compensation to the state agency.	1587

(E) The Ohio housing finance agency is exempt from the	1588
requirements of Chapters 123., 125., and 153. and sections 127.16	1589
and 5147.07 of the Revised Code.	1590

Sec. 175.13. (A) Any agreement the Ohio housing finance	1591
agency enters into with bondholders is a contract that the agency	1592
shall enforce and no action of the general assembly or any state	1593
agency may limit or alter the terms of that agreement or the	1594
authority of the agency or its successors to fulfill the terms of	1595
that agreement. No state agency may impair any right or remedy of	1596
the holders of bonds until the agency has fully met and discharged	1597
its bond obligations, together with interest, interest on any	1598
unpaid installments of interest, and costs and expenses related to	1599
any bondholder action or proceeding. The agency may include in any	1600
bond agreement a statement that sets forth the agency's authority	1601
to enforce agreements pursuant to this section.	1602

(B) Bonds the agency issues are at all times bonds of the	1603
state, subject to this chapter. The agency and officers of the	1604
state may do all things necessary so that the interest on bonds	1605
the agency intends to be exempt from federal taxation remains	1606
exempt from federal income taxation. Any error or failure in	1607
efforts to assure tax exemption does not affect the validity of	1608
the bonds.	1609

Sec. 176.05.  (A)(1) Notwithstanding any provision of law to	1610
the contrary, the rate of wages payable for the various	1611
occupations covered by sections 4115.03 to 4115.16 of the Revised	1612
Code to persons employed on a project who are not any of the	1613
following shall be determined according to this section:	1614

(a) Qualified volunteers;

1615

(b) Persons required to participate in a work activity,	1616
developmental activity, or alternative work activity under	1617
sections 5107.40 to 5107.69 of the Revised Code except those	1618
engaged in paid employment or subsidized employment pursuant to	1619
the activity;	1620

(c) Food stamp benefit recipients required to participate in	1621
employment and training activities established by rules adopted	1622
under section 5101.54 of the Revised Code.	1623

An association representing the general contractors or	1624
subcontractors that engage in the business of residential	1625
construction in a certain locality shall negotiate with the	1626
applicable building and construction trades council in that	1627
locality an agreement or understanding that sets forth the	1628
residential prevailing rate of wages, payable on projects in that	1629
locality, for each of the occupations employed on those projects.	1630

(2) Notwithstanding any residential prevailing rate of wages	1631
established prior to July 1, 1995, if, by October 1, 1995, the	1632
parties are unable to agree under division (A)(1) of this section	1633
as to the rate of wages payable for each occupation covered by	1634
sections 4115.03 to 4115.16 of the Revised Code, the director of	1635
commerce shall establish the rate of wages payable for each	1636
occupation.	1637

(3) The residential prevailing rate of wages established	1638
under division (A)(1) or (2) of this section shall not be equal to	1639
or greater than the prevailing rate of wages determined by the	1640
director pursuant to sections 4115.03 to 4115.16 of the Revised	1641
Code for any of the occupations covered by those sections.	1642

(B) Except for the prevailing rate of wages determined by the	1643
director pursuant to sections 4115.03 to 4115.16 of the Revised	1644
Code, those sections and section 4115.99 of the Revised Code apply	1645
to projects.	1646

(C) The residential prevailing rate of wages established	1647
under division (A) of this section is not payable to any	1648
individual or member of that individual's family who provides	1649
labor in exchange for acquisition of the property for	1650
homeownership or who provides labor in place of or as a supplement	1651
to any rental payments for the property.	1652

(D) For the purposes of this section:

1653

(1) "Project" means any construction, rehabilitation,	1654
remodeling, or improvement of residential housing, whether on a	1655
single or multiple site for which a person, as defined in section	1656
1.59 of the Revised Code, or municipal corporation, county, or	1657
township receives financing, that is financed in whole or in part	1658
from state moneys or pursuant to this chapter, section 133.51 or	1659
307.698 of the Revised Code, Chapter 174., or Chapter 175. of the	1660
Revised Code, except for any of the following:	1661

(a) The single-family mortgage revenue bonds homeownership	1662
program under Chapter 175. of the Revised Code, including	1663
owner-occupied dwellings of one to four units;	1664

(b) Projects consisting of fewer than six units developed by	1665
any entity that is not a nonprofit organization exempt from	1666
federal income tax under section 501(c)(3) of the Internal Revenue	1667
Code;	1668

(c) Projects of fewer than twenty-five units developed by any	1669
nonprofit organization that is exempt from federal income tax	1670
under section 501(c)(3) of the Internal Revenue Code;	1671

(d) Programs undertaken by any municipal corporation, county,	1672
or township, including lease-purchase programs, using mortgage	1673
revenue bond financing;	1674

(e) Any individual project, that is sponsored or developed by	1675
a nonprofit organization that is exempt from federal income tax	1676
under section 501(c)(3) of the Internal Revenue Code, for which	1677
the federal government or any of its agencies furnishes by loan,	1678
grant, low-income housing tax credit, or insurance more than	1679
twelve per cent of the costs of the project. For purposes of	1680
division (D)(2)(e) of this section, the value of the low-income	1681
housing tax credits shall be calculated as the proceeds from the	1682
sale of the tax credits, less the costs of the sale.	1683

As used in division (D)(1)(e) of this section, "sponsored"	1684
means that the general partner of a limited partnership owning the	1685
project is either a nonprofit organization that is exempt from	1686
federal income tax under section 501(c)(3) of the Internal Revenue	1687
Code or a person, as defined in section 1.59 of the Revised Code,	1688
in which such a nonprofit organization maintains controlling	1689
interest.	1690

Nothing in division (D)(1)(e) of this section shall be	1691
construed as permitting unrelated projects to be combined for the	1692
sole purpose of determining the total percentage of project costs	1693
furnished by the federal government or any of its agencies.	1694

(2) A "project" is a "public improvement" and the state or a	1695
political subdivision that undertakes or participates in the	1696
financing of a project is a "public authority," as both of the	1697
last two terms are defined in section 4115.03 of the Revised Code.	1698

(3) "Qualified volunteers" are volunteers who are working	1699
without compensation for a nonprofit organization that is exempt	1700
from federal income tax under section 501(c)(3) of the Internal	1701
Revenue Code, and that is providing housing or housing assistance	1702
only to families and individuals in a county whose incomes are not	1703
greater than one hundred forty per cent of the median income of	1704
that county as determined under section 175.23174.04 of the	1705
Revised Code.	1706

Sec. 176.06. (A) Each municipal corporation, county, and	1707
township shall compile and make available, in accordance with this	1708
section, to the public for inspection and copying for a period of	1709
five years, the number and total dollar amount of mortgage loans	1710
that were originated, for which completed applications were	1711
received and applicants were rejected, and that were purchased by	1712
that municipal corporation, county, or township during each fiscal	1713
year. Information regarding each of the mortgage loan categories	1714
listed abovecategory described in this section shall be itemized	1715
to clearly and conspicuously disclose the following:	1716

(A)(1) The number and dollar amount of mortgage loans insured	1717
under Title II of the "National Housing Act," 48 Stat. 1246	1718
(1934), 12 U.S.C.A. 1707 et seq., or under Title V of the "Housing	1719
Act of 1949," 63 Stat. 413, 432, 42 U.S.C.A. 1471 et seq., or	1720
guaranteed under the "Veterans' Loan Act," 58 Stat. 284 (1944), 38	1721
U.S.C.A. 1801 et seq.;	1722

(B)(2) The number and dollar amount of mortgage loans made to	1723
mortgagors who did not, at the time of execution of the mortgage,	1724
intend to reside in the property securing the mortgage loan;	1725

(C)(3) The number and dollar amount of home improvement	1726
loans;	1727

(D)(4) The number and dollar amount of mortgage loans	1728
involving mortgagors or mortgage applicants grouped according to	1729
census tract, income level, race, color, religion, sex, ancestry,	1730
disability as defined in section 4112.01 of the Revised Code, and	1731
national origin.	1732

(B) The information described in this section shall be made	1733
available to the public in raw data form and updated quarterly.	1734
Within four months after the end of each fiscal year, each	1735
municipal corporation, county, and township shall submit to the	1736
president of the senate and the speaker of the house of	1737
representatives a report containing the information described in	1738
this section for the immediately preceding fiscal year.	1739

(C) As used in this section, "mortgage loan" has the same	1740
meaning as in section 175.01 of the Revised Codemeans a loan	1741
secured by a mortgage, deed of trust, or other security interest	1742
to finance the acquisition, construction, improvement, or	1743
rehabilitation of single-family residential housing.	1744

Sec. 176.07.  The director of development, in consultation	1745
with the public and the housing trust fund advisory committee	1746
created under section 175.25174.06 of the Revised Code, shall	1747
develop regulations applicable to all existing and future state	1748
housing loan, loan guarantee, loan subsidy, and grant programs.	1749
The regulations shall require recipients of financing from state	1750
housing programs, that provide or assist in providing multi-family	1751
rental housing, to do both of the following:	1752

(A) Reasonably ensure that the multi-family rental housing	1753
will be affordable to those families and individuals targeted for	1754
the multi-family rental housing for the useful life of the	1755
multi-family rental housing or thirty years, whichever is longer;	1756

(B) Prepare and implement a plan to reasonably assist any	1757
families and individuals displaced by the multi-family housing in	1758
obtaining decent affordable housing.	1759

The department of development shall distribute a copy of	1760
these regulations to each local housing advisory board to serve as	1761
a guideline for carrying out the requirements of divisions (D)(2)	1762
and (3) of section 176.04 of the Revised Code.	1763

Sec. 319.63. (A) During the first thirty days of each	1764
calendar quarter, the county auditor shall pay to the treasurer of	1765
state all amounts that the county recorder collected as housing	1766
trust fund fees pursuant to section 317.36 of the Revised Code	1767
during the previous calendar quarter. If payment is made to the	1768
treasurer of state within the first thirty days of the quarter,	1769
the county auditor may retain an administrative fee of one per	1770
cent of the amount of the trust fund fees collected during the	1771
previous calendar quarter.	1772

(B) The treasurer of state shall deposit the first fifty	1773
million dollars of housing trust fund fees received each year	1774
pursuant to this section into the low- and moderate-income housing	1775
trust fund, created under section 175.21174.02 of the Revised	1776
Code, and shall deposit any amounts received each year in excess	1777
of fifty million dollars into the state general revenue fund.	1778

(C) The county auditor shall deposit the administrative fee	1779
that the auditor is permitted to retain pursuant to division (A)	1780
of this section into the county general fund for the county	1781
recorder to use in administering the trust fund fee.	1782

Sec. 1349.11.  (A) No lending institution, as defined in	1783
division (E) of section 175.01 of the Revised Code, that is	1784
affiliated with or authorized to be affiliated with a real estate	1785
broker and that provides real estate brokerage services to third	1786
parties shall fix or vary the terms and conditions on a mortgage	1787
loan, or the granting of any sucha mortgage loan, on the	1788
condition or requirement that the customer of the lending	1789
institution use or employ the services of the affiliated real	1790
estate broker.	1791

(B) A lending institution, service corporation, or any person	1792
engaged in providing real estate brokerage services to third	1793
parties at all times shall be identified as separate and distinct	1794
from any lending institution with which it is affiliated or	1795
associated and shall hold itself out as suchseparate and distinct	1796
by doing both of the following:	1797

(1) Providing full and complete disclosure in writing of its	1798
relationship with the lending institution to persons who employ it	1799
to provide real estate brokerage services;	1800

(2) Separately identifying any office space it uses in any	1801
building also used by the lending institution.	1802

(C) No such service corporation, real estate broker, or	1803
person associated with a lending institution shall represent to	1804
the public or to any person employing the corporation, real estate	1805
broker, or person to provide real estate brokerage services that	1806
the lending institution offers or will offer different terms and	1807
conditions on mortgage loans to those who employ the corporation,	1808
real estate broker, or person for real estate brokerage services	1809
than to persons who do not so employ the corporation, real estate	1810
broker, or person.	1811

(D) This section does not apply to real estate owned by	1812
lending institutions.	1813

(E) Subject to division (F) of this section, the director of	1814
commerce and appropriate division superintendents within the	1815
department of commerce shall enforce this section.	1816

(F)(1)(a) The superintendent of real estate shall enforce and	1817
administer this section insofar as it relates to persons licensed	1818
as real estate brokers pursuant to Chapter 4735. of the Revised	1819
Code. In that enforcement and administration, the superintendent	1820
possesses and may use the authority conferred upon him by that	1821
chapter.	1822

(b) The director of commerce, and the superintendent of the	1823
any division within the department of commerce that has	1824
jurisdiction over a particular lending institution, shall enforce	1825
and administer this section insofar as it relates to that lending	1826
institution. Correspondingly, theThe superintendent of real	1827
estate shall not enforce and administer this section insofar as it	1828
relates to any lending institution.	1829

(2) If aAny licensed real estate broker who is subject to	1830
the requirements of division (B) of this section or the	1831
prohibition of division (C) of this section who fails to comply	1832
with those requirements or that prohibition, the failure	1833
constituteseither division is guilty of misconduct for purposes	1834
of division (A)(6) of section 4735.18 of the Revised Code.	1835

Section 2. That existing sections 122.63, 149.43, 169.05,	1836
173.08, 175.08, 175.09, 175.21, 175.22, 175.23, 175.24, 175.25,	1837
175.26, 176.05, 176.06, 176.07, 319.63, and 1349.11 and sections	1838
Sec. 175.01. ,        Sec. 175.02. ,        Sec. 175.03. ,        Sec. 175.04. ,        Sec. 175.05. ,        Sec. 175.06. ,        Sec. 175.07. ,        Sec. 175.10. ,	1839
Sec. 175.11. ,        Sec. 175.12. ,        Sec. 175.13. ,        Sec. 175.14. , and        Sec. 175.15.  of the Revised Code are	1840
hereby repealed.	1841

Section 3. On the effective date of this act, the Ohio	1842
Housing Finance Agency of the Ohio Department of Development is	1843
hereby transferred to the Ohio Housing Finance Agency. All of the	1844
Department of Development's functions, powers, duties, and	1845
obligations that pertain to the Ohio Housing Finance Agency are	1846
hereby transferred and assigned to the Ohio Housing Finance Agency	1847
as constituted by this act. All of the Department of Development's	1848
records, files, equipment, and contractual obligations that	1849
pertain to its functions, powers, duties, and obligations related	1850
to the Ohio Housing Finance Agency are transferred to the Ohio	1851
Housing Finance Agency on the effective date of this act.	1852

The Ohio Housing Finance Agency shall conduct and complete	1853
any business or matter of the Department of Development that	1854
pertains to the functions, powers, duties, and obligations this	1855
act transfers to the Agency or that is assigned and pending on the	1856
effective date of this act. The Agency shall conduct any business	1857
or matter transferred to it in the same manner, under the same	1858
terms and conditions, and with the same effect as if conducted by	1859
the Department of Development.	1860

All of the Department of Development's criteria, acts,	1861
determinations, certifications, and decisions pertaining to	1862
functions this act transfers and assigns to the Ohio Housing	1863
Finance Agency shall continue in force as the agency's criteria,	1864
acts, determinations, certifications, and decisions until the	1865
agency modifies or terminates them.	1866

Any reference in a law, contract, or other document to a	1867
function, power, duty, or obligation of the Department of	1868
Development that this act transfers to the Ohio Housing Finance	1869
Agency is deemed to be a reference to a function, power, duty, or	1870
obligation of the Ohio Housing Finance Agency.	1871

This act does not affect any existing right or remedy of any	1872
character except that the Ohio Housing Finance Agency shall	1873
administer those rights and remedies instead of the Department of	1874
Development.	1875

Effective the first pay period in which personal services	1876
expenses are charged against fiscal year 2004 appropriations, all	1877
employees of the Ohio Housing Finance Agency of the Department of	1878
Development are transferred to the Ohio Housing Finance Agency.	1879
All employees retain their respective civil service	1880
classifications and status, together with all rights, benefits,	1881
and privileges provided by collective bargaining agreements	1882
negotiated pursuant to Chapter 4117. of the Revised Code.	1883
Notwithstanding section 124.13 of the Revised Code, all vacation	1884
time and other benefits earned by those employees are deemed to	1885
have been earned by them as employees of the Ohio Housing Finance	1886
Agency. Any employee who, at the time of transfer, has a temporary	1887
or provisional appointment is transferred subject to the same	1888
right of removal, examination, or termination as though the	1889
transfer had not been made.	1890

Employees not governed by collective bargaining agreements	1891
negotiated pursuant to Chapter 4117. of the Revised Code retain	1892
their respective status, and are governed by Chapter 124. of the	1893
Revised Code.	1894

No action or proceeding brought by the Department of	1895
Development that is pending on the effective date of this act and	1896
that pertains to a function, power, duty, or obligation that this	1897
act transfers to the Ohio Housing Finance Agency is affected by	1898
this act but may be prosecuted or defended in the name of the Ohio	1899
Housing Finance Agency. In any action or proceeding, the Ohio	1900
Housing Finance Agency shall be substituted as a party upon	1901
application to the court.	1902

Not later than one hundred twenty days after the effective	1903
date of this act, the Auditor of State shall provide to the	1904
Executive Director of the Ohio Housing Finance Agency a	1905
comprehensive audit of all funds, assets, and liabilities of the	1906
Department of Development that are related to Ohio Housing Finance	1907
Agency programs. Upon receipt of the audit, the Executive Director	1908
shall submit a copy of the audit to the Office of Budget and	1909
Management which shall request the Controlling Board to transfer	1910
to the Ohio Housing Finance Agency any funds, assets, and	1911
liabilities that this act does not otherwise transfer to the	1912
agency.	1913