The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
(125th General Assembly)
(Amended Substitute House Bill Number 431)
AN ACT
To amend sections 9.98, 9.981, 9.982, 122.63, 133.01, 133.08, 133.081, 133.10, 135.80, 135.81, 149.43, 169.05, 173.08, 175.08, 175.09, 175.21,
175.22, 175.23, 175.24, 175.25, 175.26, 176.05, 176.06, 176.07, 319.63, 1349.11, and 4582.54, to amend, for
the purpose of adopting new section numbers as
indicated in parentheses, sections
175.08 (175.09), 175.09 (175.10), 175.21 (174.02), 175.22 (174.03), 175.23 (174.04), 175.24 (174.05), 175.25 (174.06), and 175.26 (174.07), to enact new sections
175.01
to 175.08 and 175.11 to 175.13 and sections 174.01 and 175.051, and to repeal
sections 175.01,
175.02, 175.03, 175.04, 175.041, 175.05,
175.06, 175.07,
175.10, 175.11, 175.12, 175.13,
175.14, and 175.15
of the Revised Code to remove
the Ohio Housing
Finance Agency from the Department
of Development,
making the Ohio Housing Finance
Agency an
independent agency, and to make other
changes to
the Ohio Housing Finance Agency Law; to make certain alternate provisions of the bond issuance law applicable to bonds issued under the Uniform Public Securities Law, to amend the definition of interest rate hedge to allow a requirement that an issuer issue bonds at a future date, and to add to certain financing and credit enhancement techniques applicable to bonds, authority for the bond proceedings to provide for the proceeds from the sale of bonds to be held in escrow and invested in United States government securities and used for the purpose of retiring the bonds or other obligations of the bond issuer; and to authorize certain port authorities to establish linked deposit programs and participate in the Housing Linked Deposit Program.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 9.98, 9.981, 9.982, 122.63, 133.01, 133.08, 133.081, 133.10, 135.80, 135.81, 149.43, 169.05, 173.08, 175.08, 175.09, 175.21,
175.22, 175.23, 175.24, 175.25, 175.26, 176.05, 176.06, 176.07, 319.63, 1349.11, and 4582.54 be amended, sections
175.08 (175.09), 175.09 (175.10),175.21 (174.02), 175.22 (174.03), 175.23 (174.04), 175.24 (174.05), 175.25 (174.06), and 175.26 (174.07) be amended for the
purpose of
adopting new section numbers as indicated in
parentheses, and new sections 175.01, 175.02, 175.03, 175.04,
175.05, 175.06,
175.07, 175.08, 175.11, 175.12, and 175.13 and sections 174.01 and 175.051 of the
Revised Code be
enacted to read as follows:
Sec. 9.98. As used in sections 9.98 to 9.983 of the
Revised Code: (A) "Absolute obligor" means the person, other than the
issuer, ultimately responsible under a loan agreement, lease, or
sale or installment sale agreement, or other contract with the
issuer to make payments necessary to provide adequate moneys to
meet the debt service on the bonds, whether or not such payments
are also provided for pursuant to a credit facility. (B) "Administrative agent" means a bank, trust company, or
other person which has responsibility for authenticating,
delivering, or redeeming commercial paper on behalf of the
issuer. (C) "Agent" means, as applicable, one or more of the
persons who are administrative agents, indexing agents,
remarketing agents, or other persons having responsibility for
performing functions with respect to floating rate interest
structures or put arrangments arrangements. (D) "Bonds" means bonds, notes, or other obligations
evidencing the borrowing of money, whether or not interest
bearing, or in coupon, registered, or book entry form, and
includes, as appropriate, coupons or interest, if any, pertaining
thereto. (E) "Bond proceedings" means resolutions, ordinances,
orders, trust agreements, indentures, and bonds, loan, sale, or
installment sale agreements, agreements with administrative,
indexing, or remarketing agents, and agreements pertaining to
credit facilities, interest rate hedges, and put arrangements,
which authorize or provide for the terms, security, liquidity,
issuance, marketing, remarketing, delivery, carrying, redemption,
or payment of bonds, or the investment of moneys pertaining to
bonds. (F) "Commercial paper" means bonds with one or more
maturities of three hundred sixty-five days or less which, under
the bond proceedings, are expected to be funded by the issuance
of additional bonds with maturities of three hundred sixty-five
days or less, whether or not ultimately to be funded with long
term bonds. (G) "Credit facility" means letters of credit, lines of
credit, stand-by, contingent, or firm bond purchase agreements,
insurance or surety arrangements, and guarantees, and other
arrangements which provide for direct payment of debt service on
bonds, for security or for additional security in the event of
nonpayment or default in respect of bonds, or for making payment
to bondholders under put arrangements, or for otherwise
supporting the credit or liquidity of the bonds, and includes
credit, reimbursement, subrogation, and other agreements and
arrangements for reimbursement, and security for the
reimbursement, of the person providing the credit facility. (H) "Debt service" means the principal, interest, and
redemption premium payments, and any deposits pertaining thereto,
required with respect to bonds. (I) "Floating rate interest structure" means provisions in
the bond proceedings whereby the interest rate or rates payable
on the bonds, or upon successive series of commercial paper, vary
from time to time pursuant to or in relation to an index provided
by an indexing agent or otherwise established, a formula, base,
publicly announced rate, yields on other obligations,
determinations of an agent, or any one or combination of the
foregoing, with or without approval or consent of the absolute
obligor or issuer as provided in the bond proceedings. (J) "Indexing agent" means a person with responsibility
for establishing, adjusting and maintaining an index of interest
rates or yields for purposes of a floating rate interest
structure. (K) "Interest rate period" means that period of time
during which an interest rate or rates established under a
floating rate interest structure will pertain, which periods may
be altered or become fixed pursuant to the bond proceedings upon
stated occurrences or upon determination of the absolute obligor
or issuer. (L) "Interest rate hedge" means any arrangement by: (1) By which
either: (1)(a) The different interest costs or receipts at fixed
interest rates and at floating interest rates, or at different
maturities, are exchanged on stated amounts of bonds or
investments, or on notional amounts; or
(2)(b) A party will pay interest costs in excess of an agreed
limitation; and
(2) Which also may include a requirement for the issuer to issue bonds at a future date. This requirement shall be deemed to be part of the bond proceedings at the time the interest rate hedge is entered into. Issuance of bonds at a future date shall not require further legislative action, but shall be a ministerial act. (M) "Issuer" means the state, political subdivision,
authority, commission, agency, officer, or other entity having
authority to issue bonds referred to in section 9.981 of the
Revised Code, and includes the body and officers authorized to
act for the issuer in the matter. (N) "Put arrangement" means provisions in the bond
proceedings under which holders of the applicable bonds may
exercise an option, or are required, to surrender the bonds or
their ownership for an amount of payment previously established
in or pursuant to the bond proceedings, at times, which may, but
need not be, consistent with the ends of interest rate periods
and which may be altered with or without the approval or consent,
or upon the direction of, the absolute obligor or the issuer, as
provided for in the bond proceedings. (O) "Remarketing agent" means the person having
responsibility for marketing or remarketing commercial paper or
bonds with put arrangements, which may include responsibility for
making recommendations or determinations as to prices or interest
rates. Sec. 9.981. (A) Sections 9.98 to 9.983 of the Revised
Code
are applicable to bonds: (1) The payment of the debt service on which is to be
provided for directly or indirectly by payments contracted to be
made in the bond proceedings by the absolute obligors, being
persons other than the issuer; and (2) Which are authorized to be issued under sections
122.39
to 122.62, Chapter 165., 902., 3377., 3706., division
(A)(4)
of
section 4582.06, division
(A)(8) of section 4582.31,
section
4582.48, or Chapter
6121. or 6123. of the Revised Code,
notwithstanding other
provisions therein. (B) Sections 9.98 to 9.983 of the Revised Code are
applicable to bonds issued under Chapters 133., 140., 152., 154., 175.,
and 349. of the Revised Code, and to any bonds authorized under
laws which expressly make those sections applicable. (C) Subject to division (A) of this section, the authority
provided in sections 9.98 to 9.983 of the Revised Code is
supplemental to and not in derogation of any similar authority
provided by, derived from, or implied by, any law, the Ohio
Constitution, or any charter, resolution,
or ordinance, and no
inference shall be drawn to negate the authority thereunder by
reason of the express provisions of sections 9.98 to 9.983 of the
Revised Code. (D) Sections 9.98 to 9.983 of the Revised Code shall be
liberally construed to permit flexibility in the arrangements
therein provided to enhance the issuance of such bonds and
provide
for terms most beneficial and satisfactory to the persons
which
undertake to provide for their payment, security, and
liquidity.
Sec. 9.982. (A) The bond proceedings for bonds referred
to in division (A) or (B) of section 9.981 of the Revised Code
may provide for one or more of the following: (1) Floating rate interest structures, which may, but need
not be, limited to maximum rates, with interest periods which may
be fixed or vary from time to time and which may
contemporaneously differ for portions of the bonds; (2) Put arrangements, with times for puts fixed or varying
from time to time and which may contemporaneously differ for
portions of the bonds, which puts, when accompanied by
remarketing arrangements, shall not constitute the discharge of
the bonds so put, and which remarketing shall be a continuation
of the original obligation represented by the put bonds and not a
reissuance or new issuance of bonds; (3) Special interest payment dates related to the floating
rate interest structure or put arrangements, different from
interest payment dates otherwise provided by law; (4) Conversion of terms between floating and fixed
interest rates, between different interest rate periods, and
between different dates for exercising put arrangements, and for
termination of put arrangements, floating rate interest
structures, and credit facilities, upon stated conditions
occurring or upon the direction of the absolute obligor, or the
issuer, or other person providing the credit facility; (5) Issuance of the bonds as commercial paper pursuant to
master bond proceedings without necessity for reauthorization of
successive series; and for otherwise facilitating such issuance
without need for further written authorization or execution of
bonds; (6) Sale of the bonds at a discount, and with or without
interest to be separately payable on the bonds; (7) Sale of bonds the proceeds of which are held in escrow and invested in direct obligations of the United States or obligations guaranteed as to payment by the United States. Those obligations shall mature or be subject to redemption by and at the option of the holders of the obligations not later than the dates when the amounts held in escrow will be sufficient to pay the principal of, and interest on, the bonds as they become due.
The amounts held in escrow may be used, at a specified date, to retire either the bonds issued in accordance with division (A)(7) of this section or other obligations of the issuer. No certificate of the fiscal officer as to the maximum maturity of those bonds is required. The maximum maturity of the bonds shall be forty years after their issuance as set forth in division (B) of section 9.983 of the Revised Code. Further, the bonds shall not be subject to the limitations of section 133.04, 133.05, 133.07, or 133.09 of the Revised Code. The bonds are determined by the general assembly to create a special obligation that is not bonded indebtedness subject to Section 11 of Article XII, Ohio Constitution.
As used in division (A)(7) of this section, "amounts held in escrow" include bond proceeds together with interest or other investment income accrued on bond proceeds through investments in obligations of the United States or obligations guaranteed as to payment by the United States. (B) The bond proceedings or other documents or agreements
pertaining to bonds referred to in division (A) or (B) of section
9.981 of the Revised Code may provide for one or more of the
following: (1) Credit facilities; (2) Agreements with indexing agents, remarketing agents,
and administrative agents, and for substitutions for such agents,
including substitution directed by the absolute obligor, or the
person providing the credit facility, or the issuer; (3) Interest rate hedges. (C) Financing statements and continuation statements
pertaining to the security for the bonds, or to the security for
payments under loan agreements, leases, and sale and installment
sale agreements pertaining to bonds referred to in division (A)
or (B) of section 9.981 of the Revised Code may be filed,
amended, and continued under Chapter 1309. of the Revised Code,
and shall have the effect provided in Chapter 1309. of the
Revised Code, but whether or not so filed, amended, or continued,
the security otherwise provided for under the law authorizing
such bonds is not impaired or diminished.
Sec. 122.63. The department of development shall: (A) Provide technical assistance to sponsors, homeowners,
private developers, contractors, and other appropriate persons on
matters relating to housing needs and the development,
construction, financing, operation, management, and evaluation of
housing developments; (B) Carry out continuing studies and analyses of the
housing needs of this state and, after conducting public
hearings, prepare annually a plan of housing needs, primarily for
the use of the department pursuant to Chapter 128. of the Revised
Code. The plan, copies of which shall be filed with the speaker
of the house of representatives and the president of the senate
for distribution to the members of the general assembly, shall: (1) Establish areawide housing needs, including existing
and projected needs for the provision of an adequate supply of
decent, safe, and sanitary housing for low- and moderate-income
persons, including housing that may require utilization of state
or federal assistance; (2) Establish priorities for housing needs, taking into
account the availability of and need for conserving land and
other natural resources; (3) Be coordinated with other housing and related planning
of the state and of regional planning agencies. (C) Carry out the provisions of Chapter 3735. of the
Revised Code relating to metropolitan housing authorities; (D) Carry out the provisions of sections 175.21 174.01 to 175.25
174.07 of the Revised Code relating to the low- and moderate-income
housing trust fund.
Sec. 133.01. As used in this chapter, in sections 9.95,
9.96, and 2151.655
of the Revised Code, in other sections of the
Revised Code that make reference to this chapter unless the
context does not permit, and in related proceedings, unless
otherwise expressly provided: (A) "Acquisition" as applied to real or personal property
includes, among other forms of acquisition, acquisition by
exercise of a purchase option, and acquisition of interests in
property, including, without limitation, easements and
rights-of-way, and leasehold and other lease interests initially
extending or extendable for a period of at least sixty months. (B) "Anticipatory securities" means securities, including
notes, issued in anticipation of the issuance of other
securities. (C) "Board of elections" means the county board of
elections
of the county in which the subdivision is located. If
the
subdivision is located in more than one county, "board of
elections" means the county board of elections of the county that
contains the largest portion of the population of the subdivision
or that otherwise has jurisdiction in practice over and
customarily handles election matters relating to the subdivision. (D) "Bond retirement fund" means the bond retirement fund
provided for in section 5705.09 of the Revised Code, and also
means a sinking fund or any other special fund, regardless of the
name applied to it, established by or pursuant to law or the
proceedings for the payment of debt charges. Provision may be
made in the applicable proceedings for the establishment in a
bond
retirement fund of separate accounts relating to debt
charges on
particular securities, or on securities payable from
the same or
common sources, and for the application of moneys in
those
accounts only to specified debt charges on specified
securities or
categories of securities. Subject to law and any
provisions in
the applicable proceedings, moneys in a bond
retirement fund or
separate account in a bond retirement fund may
be transferred to
other funds and accounts. (E) "Capitalized interest" means all or a portion of the
interest payable on securities from their date to a date stated
or
provided for in the applicable legislation, which interest is
to
be paid from the proceeds of the securities. (F) "Chapter 133. securities" means securities authorized
by
or issued pursuant to or in accordance with this chapter. (G) "County auditor" means the county auditor of the
county
in which the subdivision is located. If the subdivision
is
located in more than one county, "county auditor" means the
county
auditor of the county that contains the highest amount of
the tax
valuation of the subdivision or that otherwise has
jurisdiction in
practice over and customarily handles property
tax matters
relating to the subdivision. In the case of a county
that has
adopted a charter, "county auditor" means the officer
who
generally has the duties and functions provided in the
Revised
Code for a county auditor. (H) "Credit enhancement facilities" means letters of
credit,
lines of credit, stand-by, contingent, or firm securities
purchase
agreements, insurance, or surety arrangements,
guarantees, and
other arrangements that provide for direct or
contingent payment
of debt charges, for security or additional
security in the event
of nonpayment or default in respect of
securities, or for making
payment of debt charges to and at the
option and on demand of
securities holders or at the option of
the issuer or upon certain
conditions occurring under put or
similar arrangements, or for
otherwise supporting the credit or
liquidity of the securities,
and includes credit, reimbursement,
marketing, remarketing,
indexing, carrying, interest rate hedge,
and subrogation
agreements, and other agreements and arrangements
for payment and
reimbursement of the person providing the credit
enhancement
facility and the security for that payment and
reimbursement. (I) "Current operating expenses" or "current expenses"
means
the lawful expenditures of a subdivision, except those for
permanent improvements and for payments of debt charges of the
subdivision. (J) "Debt charges" means the principal, including any
mandatory sinking fund deposits and mandatory redemption
payments,
interest, and any redemption premium, payable on
securities as
those payments come due and are payable. The use
of "debt
charges" for this purpose does not imply that any
particular
securities constitute debt within the meaning of the
Ohio
Constitution or other laws. (K) "Financing costs" means all costs and expenses
relating
to the authorization, including any required election,
issuance,
sale, delivery, authentication, deposit, custody,
clearing,
registration, transfer, exchange, fractionalization,
replacement,
payment, and servicing of securities, including,
without
limitation, costs and expenses for or relating to
publication and
printing, postage, delivery, preliminary and
final official
statements, offering circulars, and informational
statements,
travel and transportation, underwriters, placement
agents,
investment bankers, paying agents, registrars,
authenticating
agents, remarketing agents, custodians, clearing
agencies or
corporations, securities depositories, financial
advisory
services, certifications, audits, federal or state
regulatory
agencies, accounting and computation services, legal
services and
obtaining approving legal opinions and other legal
opinions,
credit ratings, redemption premiums, and credit
enhancement
facilities. Financing costs may be paid from any
moneys available
for the purpose, including, unless otherwise
provided in the
proceedings, from the proceeds of the securities
to which they
relate and, as to future financing costs, from the
same sources
from which debt charges on the securities are paid
and as though
debt charges. (L) "Fiscal officer" means the following, or, in the case
of
absence or vacancy in the office, a deputy or assistant
authorized
by law or charter to act in the place of the named
officer, or if
there is no such authorization then the deputy or
assistant
authorized by legislation to act in the place of the
named officer
for purposes of this chapter, in the case of the
following
subdivisions: (1) A county, the county auditor; (2) A municipal corporation, the city auditor or village
clerk or clerk-treasurer, or the officer who, by virtue of a
charter, has the duties and functions provided in the Revised
Code
for the city auditor or village clerk or clerk-treasurer; (3) A school district, the treasurer of the board of
education; (4) A regional water and sewer district, the secretary of
the board of trustees; (5) A joint township hospital district, the treasurer of
the
district; (6) A joint ambulance district, the clerk of the board of
trustees; (7) A joint recreation district, the person designated
pursuant to section 755.15 of the Revised Code; (8) A detention facility district or a district organized
under section 2151.65 of the Revised Code or a combined district
organized under sections 2152.41 and 2151.65 of the
Revised Code,
the county auditor of the county designated by law to act as the
auditor of the district; (9) A township, a fire district organized under division (C)
of section 505.37 of the Revised Code, or a township police
district, the clerk of
the township; (10) A joint fire district, the clerk of the board of
trustees of that district; (11) A regional or county library district, the person
responsible for the financial affairs of that district; (12) A joint solid waste management district, the fiscal
officer appointed by the board of directors of the district under
section 343.01 of the Revised Code; (13) A joint emergency medical services district, the person
appointed as
fiscal officer pursuant to division (D) of section
307.053 of the Revised
Code; (14) A fire and ambulance district, the person appointed as
fiscal officer
under division (B) of section 505.375 of the
Revised Code; (15) A subdivision described in division (MM)(17) of
this
section, the officer who is designated by law as or performs
the
functions of its chief fiscal officer. (M) "Fiscal year" has the same meaning as in section 9.34
of
the Revised Code. (N) "Fractionalized interests in public obligations" means
participations, certificates of participation, shares, or other
instruments or agreements, separate from the public obligations
themselves, evidencing ownership of interests in public
obligations or of rights to receive payments of, or on account
of,
principal or interest or their equivalents payable by or on
behalf
of an obligor pursuant to public obligations. (O) "Fully registered securities" means securities in
certificated or uncertificated form, registered as to both
principal and interest in the name of the owner. (P) "Fund" means to provide for the payment of debt
charges
and expenses related to that payment at or prior to
retirement by
purchase, call for redemption, payment at maturity,
or otherwise. (Q) "General obligation" means securities to the payment
of
debt charges on which the full faith and credit and the
general
property taxing power, including taxes within the tax
limitation
if available to the subdivision, of the subdivision
are pledged. (R) "Interest" or "interest equivalent" means those
payments
or portions of payments, however denominated, that
constitute or
represent consideration for forbearing the
collection of money, or
for deferring the receipt of payment of
money to a future time. (S) "Internal Revenue Code" means the "Internal Revenue
Code
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1 et seq., as amended,
and
includes any laws of the United States providing for
application
of that code. (T) "Issuer" means any public issuer and any nonprofit
corporation authorized to issue securities for or on behalf of
any
public issuer. (U) "Legislation" means an ordinance or resolution passed
by
a majority affirmative vote of the then members of the taxing
authority unless a different vote is required by charter
provisions governing the passage of the particular legislation by
the taxing authority. (V) "Mandatory sinking fund redemption requirements" means
amounts required by proceedings to be deposited in a bond
retirement fund for the purpose of paying in any year or fiscal
year by mandatory redemption prior to stated maturity the
principal of securities that is due and payable, except for
mandatory prior redemption requirements as provided in those
proceedings, in a subsequent year or fiscal year. (W) "Mandatory sinking fund requirements" means amounts
required by proceedings to be deposited in a year or fiscal year
in a bond retirement fund for the purpose of paying the principal
of securities that is due and payable in a subsequent year or
fiscal year. (X) "Net indebtedness" has the same meaning as in division
(A) of section 133.04 of the Revised Code. (Y) "Obligor," in the case of securities or fractionalized
interests in public obligations issued by another person the debt
charges or their equivalents on which are payable from payments
made by a public issuer, means that public issuer. (Z) "One purpose" relating to permanent improvements means
any one permanent improvement or group or category of permanent
improvements for the same utility, enterprise, system, or
project,
development or redevelopment project, or for or devoted
to the
same general purpose, function, or use or for which
self-supporting securities, based on the same or different
sources
of revenues, may be issued or for which special
assessments may be
levied by a single ordinance or resolution.
"One purpose"
includes, but is not limited to, in any case any
off-street
parking facilities relating to another permanent
improvement, and: (1) Any number of roads, highways, streets, bridges,
sidewalks, and viaducts; (2) Any number of off-street parking facilities; (3) In the case of a county, any number of permanent
improvements for courthouse, jail, county offices, and other
county buildings, and related facilities; (4) In the case of a school district, any number of
facilities and buildings for school district purposes, and
related
facilities. (AA) "Outstanding," referring to securities, means
securities that have been issued, delivered, and paid for, except
any of the following: (1) Securities canceled upon surrender, exchange, or
transfer, or upon payment or redemption; (2) Securities in replacement of which or in exchange for
which other securities have been issued; (3) Securities for the payment, or redemption or purchase
for cancellation prior to maturity, of which sufficient moneys or
investments, in accordance with the applicable legislation or
other proceedings or any applicable law, by mandatory sinking
fund
redemption requirements, mandatory sinking fund
requirements, or
otherwise, have been deposited, and credited for
the purpose in a
bond retirement fund or with a trustee or paying
or escrow agent,
whether at or prior to their maturity or
redemption, and, in the
case of securities to be redeemed prior
to their stated maturity,
notice of redemption has been given or
satisfactory arrangements
have been made for giving notice of
that redemption, or waiver of
that notice by or on behalf of the
affected security holders has
been filed with the subdivision or
its agent for the purpose. (BB) "Paying agent" means the one or more banks, trust
companies, or other financial institutions or qualified persons,
including an appropriate office or officer of the subdivision,
designated as a paying agent or place of payment of debt charges
on the particular securities. (CC) "Permanent improvement" or "improvement" means any
property, asset, or improvement certified by the fiscal officer,
which certification is conclusive, as having an estimated life or
period of usefulness of five years or more, and includes, but is
not limited to, real estate, buildings, and personal property and
interests in real estate, buildings, and personal property,
equipment, furnishings, and site improvements, and
reconstruction,
rehabilitation, renovation, installation,
improvement,
enlargement, and extension of property, assets, or
improvements so
certified as having an estimated life or period
of usefulness of
five years or more. The acquisition of all the
stock ownership of
a corporation is the acquisition of a
permanent improvement to the
extent that the value of that stock
is represented by permanent
improvements. A permanent
improvement for parking, highway, road,
and street purposes
includes resurfacing, but does not include
ordinary repair. (DD) "Person" has the same meaning as in section 1.59 of
the
Revised Code and also includes any federal, state,
interstate,
regional, or local governmental agency, any
subdivision, and any
combination of those persons. (EE) "Proceedings" means the legislation, certifications,
notices, orders, sale proceedings, trust agreement or indenture,
mortgage, lease, lease-purchase agreement, assignment, credit
enhancement facility agreements, and other agreements,
instruments, and documents, as amended and supplemented, and any
election proceedings, authorizing, or providing for the terms and
conditions applicable to, or providing for the security or sale
or
award of, public obligations, and includes the provisions set
forth or incorporated in those public obligations and
proceedings. (FF) "Public issuer" means any of the following that is
authorized by law to issue securities or enter into public
obligations: (1) The state, including an agency, commission, officer,
institution, board, authority, or other instrumentality of the
state; (2) A taxing authority, subdivision, district, or other
local public or governmental entity, and any combination or
consortium, or public division, district, commission, authority,
department, board, officer, or institution, thereof; (3) Any other body corporate and politic, or other public
entity. (GG) "Public obligations" means both of the following: (1) Securities; (2) Obligations of a public issuer to make payments under
installment sale, lease, lease purchase, or similar agreements,
which obligations bear interest or interest equivalent. (HH) "Refund" means to fund and retire outstanding
securities, including advance refunding with or without payment
or
redemption prior to maturity. (II) "Register" means the books kept and maintained by the
registrar for registration, exchange, and transfer of registered
securities. (JJ) "Registrar" means the person responsible for keeping
the register for the particular registered securities, designated
by or pursuant to the proceedings. (KK) "Securities" means bonds, notes, certificates of
indebtedness, commercial paper, and other instruments in writing,
including, unless the context does not admit, anticipatory
securities, issued by an issuer to evidence its obligation to
repay money borrowed, or to pay interest, by, or to pay at any
future time other money obligations of, the issuer of the
securities, but not including public obligations described in
division (GG)(2) of this section. (LL) "Self-supporting securities" means securities or
portions of securities issued for the purpose of paying costs of
permanent improvements to the extent that receipts of the
subdivision, other than the proceeds of taxes levied by that
subdivision, derived from or with respect to the improvements or
the operation of the improvements being financed, or the
enterprise, system, project, or category of improvements of which
the improvements being financed are part, are estimated by the
fiscal officer to be sufficient to pay the current expenses of
that operation or of those improvements or enterprise, system,
project, or categories of improvements and the debt charges
payable from those receipts on securities issued for the purpose.
Until such time as the improvements or increases in rates and
charges have been in operation or effect for a period of at least
six months, the receipts therefrom, for purposes of this
definition, shall be those estimated by the fiscal officer,
except
that those receipts may include, without limitation,
payments made
and to be made to the subdivision under leases or
agreements in
effect at the time the estimate is made. In the
case of an
operation, improvements, or enterprise, system,
project, or
category of improvements without at least a six-month
history of
receipts, the estimate of receipts by the fiscal
officer, other
than those to be derived under leases and
agreements then in
effect, shall be confirmed by the taxing
authority. (MM) "Subdivision" means any of the following: (1) A county, including a county that has adopted a
charter
under Article X, Ohio Constitution; (2) A municipal corporation, including a municipal
corporation that has adopted a charter under Article XVIII, Ohio
Constitution; (3) A school district; (4) A regional water and sewer district organized under
Chapter 6119. of the Revised Code; (5) A joint township hospital district organized under
section 513.07 of the Revised Code; (6) A joint ambulance district organized under section
505.71 of the Revised Code; (7) A joint recreation district organized under division
(C)
of section 755.14 of the Revised Code; (8) A detention facility district organized under section
2152.41, a district organized under section 2151.65,
or a
combined
district organized under sections 2152.41 and
2151.65 of
the
Revised Code; (9) A township police district organized under section
505.48 of the Revised Code; (10) A township; (11) A joint fire district organized under section 505.371
of the Revised Code; (12) A county library district created under section
3375.19
or a regional library district created under section
3375.28 of
the Revised Code; (13) A joint solid waste management district organized
under
section 343.01 or 343.012 of the Revised Code; (14) A joint emergency medical services district organized
under section
307.052 of the Revised Code; (15) A fire and ambulance district organized under section
505.375 of the
Revised Code; (16)
A fire district organized under division (C) of section
505.37 of the Revised Code; (17) Any other political subdivision or taxing district or
other local public body or agency authorized by this chapter or
other laws to issue Chapter 133. securities. (NN) "Taxing authority" means in the case of the following
subdivisions: (1) A county, a county library district, or a regional
library district, the board or boards of county commissioners, or
other legislative authority of a county that has adopted a
charter
under Article X, Ohio Constitution, but with respect to
such a
library district acting solely as agent for the board of
trustees
of that district; (2) A municipal corporation, the legislative authority; (3) A school district, the board of education; (4) A regional water and sewer district, a joint ambulance
district, a joint recreation district, a fire and ambulance
district, or a
joint fire district,
the board of trustees of the
district; (5) A joint township hospital district, the joint township
hospital board; (6) A detention facility district or a district organized
under section 2151.65 of the Revised Code, a combined district
organized under sections 2152.41 and 2151.65 of the
Revised Code,
or a joint
emergency medical services district, the joint board of
county commissioners; (7) A township, a fire district organized under division (C)
of section 505.37 of the Revised Code, or a township police
district, the board of
township trustees; (8) A joint solid waste management district organized
under
section 343.01 or 343.012 of the Revised Code, the board of
directors of the district; (9) A subdivision described in division (MM)(17) of this
section, the legislative or governing body or official. (OO) "Tax limitation" means the "ten-mill limitation" as
defined in section 5705.02 of the Revised Code without diminution
by reason of section 5705.313 of the Revised Code or otherwise,
or, in the case of a municipal corporation or county with a
different charter limitation on property taxes levied to pay debt
charges on unvoted securities, that charter limitation. Those
limitations shall be respectively referred to as the "ten-mill
limitation" and the "charter tax limitation." (PP) "Tax valuation" means the aggregate of the valuations
of property subject to ad valorem property taxation by the
subdivision on the real property, personal property, and public
utility property tax lists and duplicates most recently certified
for collection, and shall be calculated without deductions of the
valuations of otherwise taxable property exempt in whole or in
part from taxation by reason of exemptions of certain amounts of
taxable value under division (C) of section 5709.01 or section
323.152 of the Revised Code, or similar laws now or in the future
in effect. (QQ) "Year" means the calendar year. (RR) "Interest rate hedge" means any arrangement by: (1) By which
either: (1)(a) The different interest costs or receipts at fixed
interest rates and at floating interest rates, or at different
maturities, are exchanged on stated amounts of bonds or
investments, or on notional amounts; or
(2)(b) A party will pay interest costs in excess of an agreed
limitation; and
(2) Which also may include a requirement for the issuer to issue bonds at a future date. This requirement shall be deemed to be part of the bond proceedings at the time the interest rate hedge is entered into. Issuance of bonds at a future date shall not require further legislative action, but shall be a ministerial act. (SS) "Administrative agent," "agent," "commercial paper,"
"floating rate interest structure," "indexing agent," "interest
rate period," "put arrangement," and "remarketing agent" have the
same meanings as in section 9.98 of the Revised Code. (TT) "Sales tax supported" means
obligations to the payment
of debt charges on which an
additional sales tax or additional
sales taxes have been pledged
by the taxing authority of a county
pursuant to section 133.081
of the Revised
Code.
Sec. 133.08. (A) In addition to any power to issue
securities under other provisions of the Revised Code for the
purposes, a county may issue revenue securities as authorized in
this section. (B) A county may issue revenue securities to fund or
refund revenue securities previously issued, or for any purposes
for which it could issue self-supporting securities and, without
limitation, any of the following general purposes: (1) For one or more established sewer districts, any of
the purposes provided in divisions (C)(2)(a) and (b) of section
133.07 of the Revised Code; (2) Hospital facilities as defined in division (E) of
section 140.01 of the Revised Code; (3) Facilities described in division (C)(10) of section
133.07 of the Revised Code; (4) Off-street parking facilities pursuant to section
307.02 of the Revised Code. (C) The county shall establish rates or charges for the
use, availability, or rental of the facilities to which the
financing relates, being the improvement, enterprise, system,
project, or categories of improvements or the operation or
function that the facilities serve, which rates or charges shall
be designed to provide revenues to the county sufficient to pay
the costs of all current expenses of the facilities payable by
the county and to pay the debt charges on the securities and to
establish and maintain any contractually required special funds
relating to the securities or the facilities. (D) Revenue securities issued under this section shall not
be general obligations of the county. Revenue securities issued
under this section shall be secured only by a pledge of and lien
upon the revenues of the county, derived from its ownership or
operation of the facilities, including those rates or charges or
rents and any interest subsidies or debt charges, grants, or
other payments by federal or state agencies available therefor,
and the covenants of the county to maintain sufficient rentals,
rates, and charges to produce revenues sufficient to pay all
current expenses of the facilities payable by the county and to
pay the debt charges on the securities and to establish and
maintain any contractually required special funds relating to the
securities or the facilities, and, if the securities are
anticipatory securities, to issue the revenue securities in
anticipation of the issuance of which the revenue securities are
issued. Revenue securities may also be secured by a pledge of
and lien on the proceeds of any securities issued to fund or
refund those revenue securities. (E) The county officers authorized by the county taxing
authority shall execute the necessary documents, including but
not limited to trust agreements and leases, to provide for the
pledge, protection, and disposition of the pledged revenues from
which debt charges and any special fund deposits are to be paid. (F) As long as any of these revenue securities, in either
original or refunded form, remain outstanding, except as
otherwise provided in those documents, all parts of the
facilities the revenues from which are pledged, shall remain
under the control of the county taxing authority, whether any
parts of the facilities are leased to or operated by others or
are in or thereafter come within the boundaries of any municipal
corporation, and the facilities shall remain subject to the power
and duty of the taxing authority to fix and collect rates or
charges or rents for the use of facilities. (G) The authority to issue securities of the county under
this section for permanent improvements described in division
(B)(2) of this section or division (C)(2)(d) of section 133.07 of
the Revised Code may separately and independently be exercised by
a board of county hospital trustees established under section
339.02 of the Revised Code for those permanent improvements and
related operations under the control of that board. (H) Sections 9.98 to 9.983 of the Revised Code apply to
securities issued under this section, notwithstanding any other
provision in this chapter.
Sec. 133.081. (A) As used in this section: (1) "Anticipation notes" means notes issued in
anticipation of the sales tax supported bonds authorized by this
section; (2) "Authorizing proceedings" means the
resolution, legislation, trust agreement, certification, and
other agreements, instruments, and documents, as amended and
supplemented, authorizing, or providing for the security or sale
or award of, sales tax supported bonds, and includes the
provisions set forth or incorporated in those bonds and
proceedings; (3) "County sales tax" means any sales tax levied by the
taxing authority of a county pursuant to section 5739.021 or
5739.026 of the Revised
Code, and any tax levied by
that taxing authority upon storage, use, or consumption under
section 5741.021 or 5741.023 of the
Revised
Code. However, "county sales
tax" does not include a sales tax subject to referendum or a
sales tax that was adopted as an emergency measure and is
subject to initiative petition under section 5739.022 of the
Revised
Code. (4) "Sales tax supported bonds" means the sales
tax supported bonds authorized by this section, including
anticipation notes; (5) "Refunding bonds" means sales tax supported
bonds issued to provide for the refunding of the sales tax
supported bonds referred to in this section as refunded
obligations. (B) The taxing
authority of a county which has levied a county sales tax for
the purpose of providing additional general revenues of the
county pursuant to Chapter
5739. of the Revised
Code may anticipate the
receipts of such tax and issue sales tax supported bonds of the
county in the principal amount necessary to pay the costs of
financing any permanent improvement as defined in division
(CC) of section 133.01 of the
Revised
Code, or to refund any refunded
obligations, provided that the taxing authority certifies that
the annual debt charges on the sales tax supported bonds, or on
the sales tax supported bonds being anticipated by anticipation
notes, do not exceed the estimated annual county sales tax. The
maximum aggregate amount of sales tax supported bonds that may
be outstanding at any time in accordance with their terms shall
not exceed an amount which requires or is estimated to require
payments from sales tax receipts of debt charges on the sales
tax supported bonds, or, in the case of anticipation notes,
projected debt charges on the sales tax supported bonds
anticipated, in any calendar year in an amount exceeding the
county sales tax in anticipation of which the bonds or
anticipation notes are issued as estimated by the fiscal officer
based on general sales tax receipts averaged for the prior two
calendar years prior to the year in which the sales tax
supported bonds are issued, and annualized for any increase in
the county sales tax which may have been levied in part during
such period or levied after such period. A taxing authority may
at any time issue renewal anticipation notes, issue sales tax
supported bonds to pay renewal anticipation notes, and, if it
considers refunding expedient, issue refunding sales tax
supported bonds whether the refunded obligations have or have
not matured. The refunding sales tax supported bonds shall be
sold and the proceeds needed for such purpose applied in the
manner provided in the authorizing proceedings of the taxing
authority. The maximum maturity of sales tax supported bonds
shall be calculated by the fiscal officer in accordance with
section 133.20 of the Revised
Code, and such calculation
shall be filed with the taxing authority of the county prior to
passage of a bond authorizing resolution. If the county sales
tax pledged to the payment of the sales tax supported bonds has
a stated expiration date, the final principal maturity date of
the sales tax supported bonds shall not extend beyond the final
year of collection of the county sales tax pledged to the
payment of the sales tax supported bonds. (C) Every
issue of sales tax supported bonds outstanding in accordance
with their terms shall be payable out of the sales tax receipts
received by the county or proceeds of sales tax supported bonds,
renewal anticipation notes, or refunding sales tax supported
bonds which may be pledged for such payment in the authorizing
proceedings. The pledge shall be valid and binding from the
time the pledge is made, and the county sales tax receipts and
proceeds so pledged and thereafter received by the county shall
immediately be subject to the lien of that pledge without any
physical delivery of the county sales tax receipts or proceeds
or further act. The lien of any pledge is valid and binding as
against all parties having claims of any kind in tort, contract,
or otherwise against the county, whether or not such parties
have notice of the lien. Neither the resolution nor any trust
agreement by which a pledge is created or further evidenced need
be filed or recorded except in the records of the taxing
authority. (D) Sales tax
supported bonds issued under this section do not constitute a
debt, or a pledge of the faith and credit, of the state, the
county, or any other political subdivision of the state, and the
holders or owners of the notes have no right to have taxes
levied by the general assembly or by the taxing authority of any
political subdivision of the state, including the taxing
authority of the county, for the payment of debt charges.
Unless paid from other sources, sales tax supported bonds are
payable from the sales tax receipts pledged for their payment as
authorized by this section. All sales tax supported bonds shall
contain on their face a statement to the effect that the sales
tax supported bonds, as to debt charges, are not debts or
obligations of the state and are not debts of any political
subdivision of the state, but, unless paid from other sources,
are payable from the sales tax receipts pledged for their
payment. The utilization and pledge of the sales tax receipts
and proceeds of sales tax supported bonds, renewal anticipation
notes, or refunding sales tax supported bonds for the payment of
debt charges is determined by the general assembly to create a
special obligation which is not a bonded indebtedness subject to
Section 11 of
Article
XII,
Ohio
Constitution. (E) The sales
tax supported bonds shall bear such date or dates, shall be
executed in the manner, and shall mature at such time or times,
in the case of any anticipation notes not exceeding ten years
from the date of issue of the original anticipation notes and in
the case of any sales tax supported bonds or of any refunding
sales tax supported bonds, not exceeding the maximum maturity
certified to the taxing authority pursuant to division
(B) of this section, all as the
authorizing proceedings may provide. The sales tax supported
bonds shall bear interest at such rates, or at variable rate or
rates changing from time to time, in accordance with provisions
in the authorizing proceedings, be in such
denominations and form, either coupon or registered, carry such
registration privileges, be payable in such medium of payment
and at such place or places, and be subject to such terms of
redemption, as the taxing authority may authorize or provide.
The sales tax supported bonds may be sold at public or private
sale, and at, or at not less than, the price or prices as the
taxing authority determines. If any officer whose signature or
a facsimile of whose signature appears on any sales tax
supported bonds or coupons ceases to be such officer before
delivery of the sales tax supported bonds or anticipation notes,
the signature or facsimile shall nevertheless be sufficient for
all purposes as if that officer had remained in office until
delivery of the sales tax supported bonds. Whether or not the
sales tax supported bonds are of such form and character as to
be negotiable instruments under
Title
XIII of the
Revised
Code, the sales tax supported
bonds shall have all the qualities and incidents of negotiable
instruments, subject only to any provisions for registration.
Neither the members of the board of the taxing authority nor any
person executing the sales tax supported bonds shall be liable
personally on the sales tax supported bonds or be subject to any
personal liability or accountability by reason of their
issuance. (F) Notwithstanding
any other provision of this section, sections 9.98 to 9.983,
133.02, 133.70, and 5709.76, and division
(A) of section 133.03 of the
Revised
Code apply to the sales tax
supported bonds. Sales tax supported bonds issued under this
section need not comply with any other law applicable to notes
or bonds but the authorizing proceedings may provide that
divisions (B) to
(E) of section 133.25 of the
Revised
Code apply to the sales tax
supported bonds or anticipation notes. (G) Any authorized proceedings may contain provisions, subject to any
agreements with holders as may then exist, which shall be a part
of the contract with the holders, as to the pledging of any or
all of the county's anticipated sales tax receipts to secure the
payment of the sales tax supported bonds; the use and
disposition of the sales tax receipts of the county; the
crediting of the proceeds of the sale of sales tax supported
bonds to and among the funds referred to or provided for in the
authorizing proceedings; limitations on the purpose to which the
proceeds of the sales tax supported bonds may be applied and the
pledging of portions of such proceeds to secure the payment of
the sales tax supported bonds or of anticipation notes; the
agreement of the county to do all things necessary for the
authorization, issuance, and sale of those notes anticipated in
such amounts as may be necessary for the timely payment of debt
charges on any anticipation notes; limitations on the issuance
of additional sales tax supported bonds; the terms upon which
additional sales tax supported bonds may be issued and secured;
the refunding of refunded obligations; the procedure by which
the terms of any contract with holders may be amended, and the
manner in which any required consent to amend may be given;
securing any sales tax supported bonds by a trust agreement or
other agreement; and any other matters, of like or different
character, that in any way affect the security or protection of
the sales tax supported bonds or anticipation notes. (H) The taxing
authority of a county may not repeal, rescind, or reduce any
portion of a county sales tax pledged to the payment of debt
charges on sales tax supported bonds issued by the county while
such sales tax supported bonds remain outstanding, and no
portion of a county sales tax pledged to the payment of debt
charges on sales tax supported bonds shall be subject to repeal
or reduction by the electorate of the county or by the taxing
authority of the county while such sales tax supported bonds are
outstanding.
Sec. 133.10. (A) In anticipation of the collection of
current property tax revenues in and for any fiscal year, the
taxing authority of any subdivision may issue securities, but the
aggregate principal amount of such securities shall not exceed
one-half of the amount that the budget commission estimates the
subdivision will receive from property taxes in that fiscal year
and prior to the last day of the sixth month following the month
in which the securities are issued, other than taxes to be
received for the payment of debt charges or allocated to debt
charges on securities issued pursuant to division (C) of this
section, and less all advances. When a partial, semiannual, or
final property tax settlement is delayed, securities may also be
issued in anticipation of the receipt of property taxes levied or
collected for debt charges to the extent necessary to meet such
debt charges but not in excess of such estimated receipts, less
all advances. The securities issued pursuant to this division
(A) shall mature not later than the last day of the sixth month
following the month in which the securities are issued and in any
case not later than the last day of the fiscal year in which they
are issued. (B) In anticipation of the collection of current revenues
in and for any fiscal year from any source or combination of
sources, including distributions of any federal or state moneys,
other than the proceeds of property taxes levied by the
subdivision, the taxing authority of any subdivision may issue
securities, but the aggregate principal amount of such securities
shall not exceed one-half of the amount estimated by the fiscal
officer to be received by the subdivision from such sources
during the remainder of such fiscal year, less advances and prior
collections. (C) In anticipation of the collection of current property
tax revenues in and for any fiscal year, the taxing authority of
a county, municipal corporation, township, or school district may
issue securities, but the aggregate principal amount of those
securities and of any securities issued pursuant to division (A)
of this section outstanding at the time of issuance shall not
exceed one-half of the amount that the budget commission
estimates the subdivision will receive from all property taxes
that are to be distributed to the subdivision from all
settlements of taxes that are to be made in the remainder of that
fiscal year, other than taxes to be received for the payment of
debt charges, and less all advances. (D) When the tax settlement scheduled under division (B)
of section 321.24 of the Revised Code is delayed pursuant to
division (E) of that section, the taxing authority of a school
district may issue property tax anticipation securities against
the taxes to be included in that settlement, but the aggregate
principal amount of all securities outstanding against those
taxes shall not exceed ninety per cent of the amount estimated to
be received from that settlement by the budget commission, other
than taxes to be received for the payment of debt charges, and
less all advances. The securities issued pursuant to this
division (D) shall mature on or before the next ensuing
thirty-first day of August. (E) This division applies to all securities authorized by
this section. (1) The amounts from the sources anticipated needed to pay
debt charges and financing costs shall be considered appropriated
for that purpose, and other appropriations from those sources by
the taxing authority shall be limited to the balance available
after deducting the amount to pay those debt charges and
financing costs. The portions of those amounts as received and
to be applied to those debt charges shall be deposited and set
aside in an account for the purpose in the bond retirement fund
in the amounts and at the times required to pay those debt
charges as provided for by the authorizing legislation or
otherwise provided by law. (2) Except as otherwise provided in division (H) of
this section, the securities shall not be issued prior to the first
day and, except as otherwise provided in divisions (A) and (D) of
this section, shall mature not later than the last day of the
fiscal year for which the revenues are anticipated. (3) The proceeds of the principal amount of the securities
shall be used only for the purposes for which the amounts
anticipated were levied, collected, distributed, and
appropriated, and for financing costs related to those
securities. (4) Property taxes include distributions from the state in
payment of credits against or partial exemptions from, or
reduction of, property taxes. (5) If for any reason debt charges on securities
authorized by this section are not paid by the subdivision in the
fiscal year when due, the taxing authority of the subdivision
shall include in its next annual appropriation measure an amount
sufficient to pay those debt charges, and the county auditor and
county treasurer shall withhold, in a custodial account, amounts
due the subdivision from the sources anticipated until such
amount is accumulated by those officers and they directly pay or
provide, through the paying agent or otherwise, for the payment
of those debt charges. (F) The authority to issue securities under divisions (A)
and (B) of this section may be exercised by any board of library
trustees of a public library, or board of park commissioners of a
township, to which the budget commission has allotted a share of
the local government fund under section 5747.51 of the Revised
Code or of the library and local government support fund under
section 5707.051 of the Revised Code. (G) The taxing authority of a school district issuing
securities under division (A), (C), or (D) of this section shall
in the legislation authorizing the securities affirm the levy of,
or covenant to levy, the anticipated property taxes to be
collected in the following year. (H) The taxing authority of a school district may issue
securities authorized by this section on or after the tenth day preceding the
first day of the fiscal year for which the revenues are anticipated; provided,
that if the taxing authority of a school district issues securities authorized
by this section prior to the first day of the fiscal year for which the
revenues are anticipated: (1) None of the proceeds received by the school district from the sale of
the securities shall be considered available for appropriation prior to the
first day of the fiscal year for which the revenues are anticipated; and (2) None of the proceeds received by the school district from the sale of
the securities shall be expended prior to the first day of the fiscal year for
which the revenues are anticipated. (I) Sections 9.98 to 9.983 of the Revised Code are applicable to securities
issued under this section by the taxing authority of a school district.
Sec. 135.80. (A) The legislative authority of a municipal
corporation, by
ordinance,; the board of directors of a port authority, by resolution; or the board of county commissioners,
by resolution, may establish
a linked deposit program authorizing
the treasurer or governing board of the
municipal corporation, the board of directors of the port authority, or
the investing authority of the county, as created or
designated by
the ordinance or resolution, to place certificates of deposit at
up
to three per cent below market rates with an eligible lending
institution
applying for interim moneys as provided in section
135.08 of the Revised Code, selected to invest port authority moneys in linked deposit programs pursuant to section 4582.54 of the Revised Code,
or applying for inactive moneys as provided in
section 135.32 of the Revised Code, provided
the institution
agrees
either to lend the value of such deposit to eligible
borrowers
at
up to three per cent below the present borrowing rate
applicable to each
borrower, or to enter into an agreement with an
eligible government, as defined in section 135.81 of the Revised
Code, to provide that eligible government with a certificate of
deposit, investment agreement, or other investment in the value of
the linked deposit at an interest rate at up to three per cent
above current market rates, as determined by the eligible
government. The ordinance or resolution shall include such
requirements and
provisions as that are necessary to establish the
program, including, but not
limited to: (1) Eligibility requirements for borrowers who may receive
reduced rate loans
under the program; (2) Application procedures for borrowers and institutions
wishing to
participate in the program; (3) Review procedures for applications and criteria for
acceptance or
rejection of applications for reduced rate loans; (4) Necessary agreements between the eligible lending institution
and the treasurer
or governing board of the municipal corporation, the board of directors of the port authority,
or the investing authority of
the county to carry out the purposes
of the linked deposit program; (5) Annual reports regarding the operation of the program to
be made by the
treasurer or governing board to the legislative
authority, the eligible lending institution to the board of directors of the port authority, or the investing
authority to the board of county
commissioners. (B) The municipal corporation and the treasurer or governing
board, the port authority and the board of directors, and the
county and the investing authority or the board of
county commissioners, are
not liable to any eligible lending
institution in any manner for the payment
of the principal or
interest on any reduced rate loan made under the program,
and any
delay in payment or default on the part of any borrower does not
in
any manner affect the deposit agreement between the eligible
lending
institution and the treasurer or governing board, the board of directors, or the
investing authority or
board of county commissioners.
(C) For purposes of this section, both of the following apply: (1) "Investing authority" has the same meaning as in section 135.31 of the Revised Code. (2) "Port authority" means a port authority created in accordance with section 4582.22 of the Revised Code.
Sec. 135.81. As used in sections 135.81 to 135.87 of the
Revised Code: (A) "Eligible governmental subdivision" means a municipal
corporation, port authority created in accordance with section 4582.22 of the Revised Code, or county in this state. (B) "Eligible governmental subdivision housing linked deposit
program" means any program established pursuant to section 135.80
of the Revised Code by the legislative authority of a municipal
corporation, the board of directors of a port authority created in accordance with section 4582.22 of the Revised Code, or the board of county commissioners of a county, in
which the program goals address specific housing issues relative
to the geographic boundaries of that municipal corporation, port authority, or
county. These program goals include, but are not limited to, home
improvement, home restoration, energy efficiency, retention of
historic significance, controlling urban sprawl, neighborhood
revitalization, affordable housing, home ownership for persons
unable to secure conventional financing, urban development, or
economic revitalization of a residential area as a result of a
natural disaster or other catastrophic occurrence. (C) "Eligible housing linked deposit participant" means any
person or small business that meets the requirements set forth in
an eligible governmental subdivision housing linked deposit
program or set forth by the treasurer of state pursuant to
division (B)(2) of section 135.82 of the Revised Code and that is
a resident of this state. (D) "Eligible lending institution" means a financial
institution meeting all of the following: (1) It is eligible to make commercial loans or residential
loans. (2) It is a public depository of state funds under section
135.03 of the Revised Code. (3) It agrees to participate in a program to provide housing
linked deposits. (E) "Housing linked deposit" means a certificate of deposit
or other financial institution instrument, described in section
135.85 of the Revised Code, placed by the treasurer of state with
an eligible lending institution, in accordance with division (B)
of section 135.84 of the Revised Code, provided that the
institution agrees, at the time of the deposit of state funds and
for the period of the deposit, to lend the value of the deposit
according to the deposit agreement described in section 135.85 of
the Revised Code to eligible housing linked deposit participants
at a fixed interest rate of three hundred basis points below the
present borrowing rate applicable to each participant in the
absence of approval to participate in the programs described in
division (B) of section 135.82 of the Revised Code. (F) "Other financial institution instrument" means a fully
collateralized product that otherwise would pay market rates of
interest approved by the treasurer of state, for the purpose of
providing eligible housing linked deposit participants with the
benefits of a housing linked deposit. Sec. 149.43. (A) As used in this section: (1) "Public record" means
records kept by
any
public
office, including, but not limited to, state, county,
city,
village, township, and school district units,
and records
pertaining to the delivery of educational
services by an
alternative
school in Ohio kept by a nonprofit or
for profit
entity operating such
alternative school pursuant to
section
3313.533 of the Revised
Code. "Public record" does not
mean any of
the following: (a) Medical records; (b) Records pertaining to probation and parole proceedings or to proceedings related to the imposition of community control
sanctions and post-release control sanctions; (c) Records pertaining to actions under section 2151.85 and
division
(C) of section 2919.121 of
the Revised Code and to
appeals of actions arising under
those sections; (d) Records pertaining to adoption proceedings, including
the
contents of an adoption file maintained by the department of
health under
section 3705.12 of the Revised Code; (e) Information in a record contained in the putative father
registry
established by section 3107.062 of the Revised Code,
regardless of whether the
information is held by the department of
job and family
services or, pursuant to
section 3111.69 of the
Revised Code, the
office of child support in the
department or a
child support enforcement agency; (f) Records listed in division (A) of section 3107.42 of the
Revised Code or
specified in division (A) of section 3107.52 of
the Revised Code; (g) Trial preparation records; (h) Confidential law enforcement investigatory records; (i) Records containing information that is confidential
under
section 2317.023 or 4112.05 of the Revised Code; (j) DNA records stored in the DNA database
pursuant to
section 109.573 of the Revised Code; (k) Inmate records released by the department of
rehabilitation and
correction to
the department of youth services
or a court of record pursuant to division (E)
of section 5120.21
of the Revised Code; (l) Records maintained by the department of youth services
pertaining to
children in its custody released by the department
of youth services to the
department of rehabilitation and
correction pursuant to section 5139.05 of the
Revised Code; (m) Intellectual property records; (n) Donor profile records; (o) Records maintained by the department of job and
family
services pursuant to
section 3121.894 of the Revised Code; (p) Peace officer, firefighter, or EMT residential and
familial
information; (q) In the case of a county hospital operated
pursuant to
Chapter
339. of the Revised Code, information that constitutes a
trade secret,
as defined in section 1333.61 of the Revised Code; (r) Information pertaining to the recreational activities of
a person under
the age of eighteen; (s) Records provided to, statements made by review board
members
during meetings of, and all work products of a child
fatality review
board acting under sections 307.621 to 307.629 of
the Revised Code, other than
the report
prepared pursuant to
section 307.626
of the Revised Code; (t) Records provided to and statements made by the
executive
director of a public children services agency or a prosecuting
attorney acting
pursuant to section
5153.171 of the Revised Code
other than the information
released
under that section; (u) Test materials, examinations, or evaluation tools used
in an
examination for licensure as a nursing home administrator
that the board of
examiners of nursing home administrators
administers under section 4751.04 of
the Revised Code or contracts
under that section with a
private or government entity to
administer; (v) Records the release of which is prohibited by state or
federal law; (w) Proprietary information of or relating to any person
that is submitted to or compiled by the Ohio venture capital
authority created under section 150.01 of the Revised Code; (x) Information reported and evaluations conducted pursuant to section 3701.072 of the Revised Code; (y) Financial statements and data any person submits for any purpose to the Ohio housing finance agency or the controlling board in connection with applying for, receiving, or accounting for financial assistance from the agency, and information that identifies any individual who benefits directly or indirectly from financial assistance from the agency. (2) "Confidential law enforcement investigatory record"
means any record that pertains to a law enforcement matter of a
criminal, quasi-criminal, civil, or administrative nature, but
only to the extent that the release of the record would create a
high probability of disclosure of any of the following: (a) The identity of a suspect who has not been charged
with
the offense to which the record pertains, or of an
information
source or witness to whom confidentiality has been
reasonably
promised; (b) Information provided by an information source or
witness
to whom confidentiality has been reasonably promised,
which
information would reasonably tend to disclose the source's or
witness's
identity; (c) Specific confidential investigatory techniques or
procedures or specific investigatory work product; (d) Information that would endanger the life or physical
safety of law enforcement personnel, a crime victim, a witness,
or
a confidential information source. (3) "Medical record" means any document or combination of
documents, except births, deaths, and the fact of admission to or
discharge from a hospital, that pertains to the medical history,
diagnosis, prognosis, or medical condition of a patient and that
is generated and maintained in the process of medical treatment. (4) "Trial preparation record" means any record that
contains information that is specifically compiled in reasonable
anticipation of, or in defense of, a civil or criminal action or
proceeding, including the independent thought processes and
personal trial preparation of an attorney. (5) "Intellectual property record" means a record,
other
than a financial or administrative record, that is produced or
collected
by or for faculty or staff of a state institution of
higher learning in the
conduct of or as a result of study or
research on an educational, commercial,
scientific, artistic,
technical, or scholarly issue, regardless of whether the
study or
research was sponsored by the institution alone or in conjunction
with
a governmental body or private concern, and that has not been
publicly
released, published, or patented. (6) "Donor profile record" means all records about donors or
potential
donors to a public institution of higher education
except the names and
reported addresses of the actual donors and
the date, amount, and conditions
of the actual donation. (7) "Peace officer, firefighter, or EMT residential and
familial
information"
means
either of the following: (a) Any information maintained in a personnel record of a
peace officer, firefighter, or EMT that
discloses any of the
following: (i) The address of the actual personal residence of a peace
officer, firefighter, or EMT, except for the state or political
subdivision in which
the peace
officer, firefighter, or EMT
resides; (ii) Information compiled from referral to or participation
in an
employee assistance program; (iii) The social security number, the residential telephone
number,
any bank account, debit card, charge card, or credit card
number, or the
emergency telephone number of, or any medical
information pertaining to, a peace officer, firefighter, or EMT; (iv) The name of any beneficiary of employment benefits,
including,
but not limited to, life insurance benefits, provided
to a peace officer, firefighter, or EMT by
the peace officer's,
firefighter's, or EMT's employer; (v) The identity and amount of any charitable or employment
benefit deduction made by the peace officer's, firefighter's, or
EMT's
employer from the
peace
officer's, firefighter's, or EMT's
compensation
unless the amount of the deduction is
required by
state
or federal
law; (vi) The name, the residential address, the name of the
employer,
the address of the employer, the social security number,
the residential
telephone number, any bank account, debit card,
charge card, or credit card
number, or the emergency telephone
number
of the spouse, a former spouse, or any child of a peace
officer, firefighter, or EMT. (b) Any record that identifies a person's occupation as a
peace
officer, firefighter, or EMT other than statements required
to
include the
disclosure of that fact
under the campaign
finance
law. As used in divisions (A)(7) and (B)(5) of this section,
"peace officer"
has the same meaning as in section 109.71 of the
Revised Code
and also includes the superintendent and troopers of
the state highway patrol;
it does not include the
sheriff of a
county or a supervisory employee who, in the absence of the
sheriff, is authorized to stand in for, exercise the authority of,
and perform
the duties of the sheriff. As used in divisions (A)(7) and (B)(5) of this section,
"firefighter" means any regular, paid or volunteer, member of a
lawfully constituted fire department of a municipal corporation,
township, fire district, or village. As used in divisions (A)(7) and (B)(5) of this section, "EMT"
means EMTs-basic, EMTs-I, and paramedics that provide emergency
medical services for a public emergency medical service
organization. "Emergency medical service organization,"
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in
section 4765.01 of the Revised Code. (8) "Information pertaining to the recreational activities
of a
person under the age of eighteen"
means information that is
kept in the ordinary course of business by a public
office, that
pertains to the recreational activities of a person under the age
of eighteen years, and that
discloses any of the following: (a) The address or telephone number of a person under the
age of
eighteen or the address or telephone number of that
person's parent, guardian,
custodian, or emergency contact person; (b) The social security number, birth date, or photographic
image
of a person under the age of eighteen; (c) Any medical record, history, or information pertaining
to a
person under the age of eighteen; (d) Any additional information sought or required about a
person
under the age of eighteen for the purpose of allowing that
person to
participate in any recreational activity conducted or
sponsored by a public
office or to use or
obtain admission
privileges to any recreational facility owned or operated by
a
public office. (9) "Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code. (10) "Post-release control sanction" has the same meaning as
in section 2967.01 of the Revised Code. (B)(1) Subject to division (B)(4) of this section, all
public records shall
be promptly prepared and made
available for
inspection to any person at all reasonable times
during regular
business hours. Subject to division (B)(4) of this section,
upon
request, a public office or person
responsible for public records
shall make copies available at
cost, within a reasonable period of
time. In order to facilitate
broader access to public records,
public offices shall
maintain public records in a manner that they
can be made
available for inspection in accordance with this
division. (2) If any person chooses to obtain a copy of a public
record in
accordance with division (B)(1) of this section,
the
public office or person responsible for the public record shall
permit
that person to
choose to have the public record duplicated
upon paper, upon the same medium
upon which the public office or
person responsible for the public record keeps
it, or upon
any
other medium upon which the public office or person responsible
for the
public record determines
that it reasonably can be
duplicated
as an integral part of the normal operations of the
public office or person
responsible for the public record. When
the person
seeking the copy makes a choice under this division,
the public office or
person responsible for the public record
shall provide a copy of it in
accordance
with the choice made by
the person seeking the copy. (3) Upon a request made in accordance with division (B)(1)
of
this section, a public office or person responsible for public
records
shall transmit a copy of a public record to any person by
United
States mail within a reasonable period of time after
receiving the
request for the
copy. The public office or person
responsible for the public record may
require the person making
the request to pay in advance the cost of postage and other
supplies used in
the mailing. Any public office
may adopt a policy and procedures that it
will follow in
transmitting, within a reasonable period of time
after receiving
a request, copies of public records by
United
States mail pursuant to this
division. A public office that
adopts a policy and procedures
under this division shall comply
with them in performing its
duties under this division. In any policy and procedures adopted under this division, a
public office may limit the number of records requested by a
person that
the office will transmit by United States mail to ten
per
month, unless the person certifies to the office in writing
that the person
does not intend to use or forward the requested
records, or the information
contained
in them, for commercial
purposes. For purposes of this division, "commercial"
shall be
narrowly construed and does not include reporting or gathering
news,
reporting or gathering information to assist citizen
oversight or
understanding of the operation or activities of
government, or nonprofit
educational research. (4) A public office or person responsible for public records
is
not required to permit a person who is incarcerated pursuant to
a
criminal conviction or a juvenile adjudication to inspect or to
obtain a copy of any public record concerning a criminal
investigation or prosecution or concerning what would be a
criminal investigation or prosecution if the subject of the
investigation or prosecution were an adult, unless the request to
inspect or to obtain a copy of the record is for the purpose of
acquiring information that is subject to release as a public
record under this section and the judge who imposed the sentence
or made the adjudication with respect to the person, or the
judge's successor in office, finds that the information sought in
the public record is necessary to support what appears to be a
justiciable claim of the person. (5) Upon written request made and signed by a journalist on
or after
December 16,
1999, a
public office, or person responsible
for public records, having custody of
the records of the agency
employing a specified peace officer, firefighter, or EMT shall
disclose
to the
journalist the address of the actual personal
residence of
the
peace
officer, firefighter or EMT and, if the
peace officer's,
firefighter's or EMT's spouse, former spouse,
or
child is employed by a
public office, the name and address of
the
employer of the peace
officer's, firefighter's, or EMT's spouse,
former spouse, or
child.
The
request shall include the
journalist's name and title
and the
name
and address of the
journalist's employer and shall
state
that
disclosure of the
information sought would be in the
public
interest. As used in division (B)(5) of this section, "journalist"
means a
person engaged in, connected with, or employed by any news
medium, including a
newspaper, magazine, press association, news
agency, or wire service, a radio or television station, or a
similar medium, for the purpose of gathering, processing,
transmitting, compiling, editing, or disseminating information for
the
general public. (C) If a person allegedly is aggrieved by the failure of a
public office to promptly prepare a public record and to make
it
available to the person for inspection in accordance with
division
(B) of this section, or if a person who has requested a copy of a
public record allegedly is aggrieved by the failure of a public
office or the
person
responsible for the public record to make a
copy available to
the person allegedly aggrieved in accordance
with division (B) of this section, the person allegedly aggrieved
may commence a mandamus action to obtain a judgment that orders
the public office or the person responsible for the public
record
to comply with division (B) of this section and that
awards
reasonable attorney's fees to the person that instituted
the
mandamus action. The mandamus action may be commenced in the
court of common pleas of the county in which division (B) of this
section allegedly was not complied with, in the supreme court
pursuant to its original jurisdiction under Section 2 of Article
IV, Ohio Constitution, or in the court of appeals for the
appellate district in which division (B) of this section
allegedly
was not complied with pursuant to its original
jurisdiction under
Section 3 of Article IV, Ohio Constitution. (D) Chapter 1347. of the Revised Code does not limit the
provisions of this section. (E)(1) The bureau of motor vehicles may adopt rules pursuant
to
Chapter 119. of the Revised Code to reasonably
limit the number
of bulk commercial special extraction requests made by a
person
for the same records or for updated records during a calendar
year.
The rules may include provisions for charges to be made for
bulk commercial
special
extraction requests for the actual cost of
the bureau, plus special extraction
costs, plus ten per cent. The
bureau may charge for
expenses for redacting information, the
release of which is prohibited by
law. (2) As used in divisions (B)(3) and (E)(1) of this section: (a) "Actual cost" means the cost of depleted supplies,
records
storage media costs, actual mailing and alternative
delivery costs, or other
transmitting costs, and any direct
equipment operating and maintenance costs,
including actual costs
paid to private contractors for
copying services. (b) "Bulk commercial special extraction request" means a
request
for copies of a record for information in a format other
than the format
already available, or information that cannot be
extracted without examination
of all items in a records series,
class of records, or data base by a person
who intends to use or
forward the copies for surveys, marketing, solicitation, or resale
for
commercial purposes. "Bulk commercial special extraction
request" does not
include a request by a person who gives
assurance to the bureau that the
person making the request does
not intend to use or forward the requested
copies for surveys,
marketing,
solicitation, or resale for commercial purposes. (c) "Commercial" means profit-seeking production, buying, or
selling of any good, service, or other product. (d) "Special extraction costs" means the cost of the time
spent
by the lowest paid employee competent to perform the task,
the actual amount
paid to outside private contractors employed by
the bureau, or the actual cost
incurred to create computer
programs to make the special extraction. "Special
extraction
costs" include any charges paid to a public agency for computer or
records services. (3) For purposes of divisions (E)(1)
and (2) of this
section, "commercial surveys, marketing, solicitation, or
resale"
shall be narrowly construed and does not include reporting or
gathering
news, reporting or gathering information to assist
citizen oversight or
understanding of the operation or activities
of government, or nonprofit
educational research.
Sec. 169.05. (A) Every holder required to file a report
under section 169.03 of the Revised Code shall, at the time of
filing, pay to the director of commerce ten per cent of the
aggregate amount of unclaimed funds as shown on such the report,
except for aggregate amounts of fifty dollars or less in which
case one hundred per cent shall be paid. Such The funds may
be
deposited by the director in the state treasury to the credit of
the unclaimed funds trust fund, which is hereby created, or placed
with a financial organization. Any
interest earned on money in
the trust fund shall be credited to
the trust fund. The remainder
of such the aggregate amount of
unclaimed funds as shown on such
the report, plus earnings accrued to
date of payment to the director,
shall, at the option of the
director, be retained by the holder or
paid to the director for deposit
as agent for
the mortgage funds
with a financial organization as defined in
section 169.01 of the
Revised Code, such with the funds to be in
income-bearing accounts to the
credit of the mortgage funds, or
the holder may enter into an
agreement with the director
specifying the obligations of the
United States in which funds
are to be invested, and agree to pay
the interest on such
the obligations to the state. Holders retaining
such any funds not in
obligations of the United States shall enter
into an agreement
with the director specifying the classification
of income-bearing
account in which the funds will be held and pay
the state
interest thereon on the funds at a rate equal to the prevailing
market rate
for similar funds. Moneys which that the holder is
required to pay to the director rather than to retain may be
deposited
with the
treasurer of state, or placed with a financial
organization. Securities and other intangible property transferred to the
director shall, within a reasonable time, be converted to cash
and
the proceeds deposited as provided for other funds. One-half of the funds evidenced by such agreements or, in
such
income-bearing accounts, or on deposit with the treasurer of
state
shall be allocated on the records of the director to the
mortgage
insurance fund created by section 122.561 of the Revised
Code.
Out
of the remaining half, after allocation of sufficient
moneys
to
the minority business bonding fund to meet the
provisions of
division (B) of this section, an equal amount the remainder shall
be allocated
on the records of the director to the housing guarantee fund created by division
(D) of
section
175.10 of the Revised Code and the housing
development fund created by division
(C)(A) of section
175.10
175.11 of the
Revised Code. (B) The director shall serve as agent for the director of
development, and as agent for the Ohio housing finance agency, in
the making of deposits and withdrawals and maintenance of maintaining records
pertaining to the minority business bonding fund created by
section 122.88 of the Revised Code, the mortgage insurance fund,
the housing guarantee fund, and the housing development fund
created by
division (C) of section
175.10
175.11 of the Revised
Code.
Funds from the mortgage insurance fund shall be are available to
the
director of development when such those funds are to be disbursed to
prevent or cure, or upon the occurrence of, a default of a
mortgage insured pursuant to section 122.451 of the Revised Code.
Funds from the housing guarantee fund shall be available to the
Ohio housing finance agency when such funds are to be disbursed
under a guarantee authorized by section
175.04
of the
Revised
Code to satisfy a guaranteed mortgage which is in default.
Funds
from the housing development fund shall be are available upon request to the
Ohio
housing finance agency, in an amount not to exceed the funds allocated on the records of the director, for the purposes of section
175.04
175.05 of the
Revised Code when it so requests. Funds from the
minority
business bonding fund shall be are available to the director
of
development upon request for the purpose of paying to pay obligations
on
bonds written by the director writes pursuant to section 122.88 of the
Revised Code; except that, unless the general assembly authorizes additional amounts are
authorized by the general assembly, the total maximum amount of
moneys that may be allocated to the minority business bonding
fund
under this division is ten million dollars. When such funds are to be so disbursed, the appropriate
agency shall call upon the director to transfer to it the
necessary funds to it. The director shall first withdraw the funds
paid
by the holders and
deposited with the
treasurer of state or in a
financial institution as agent for
such the funds. Whenever these
funds are inadequate to meet the
request, the director shall
provide for a withdrawal of
funds, within a
reasonable time, and in
such the amount as is necessary to meet the
request, from financial
institutions in which such the funds were
retained or placed by a
holder and from other holders who have
retained funds, in an
equitable manner as
prescribed by the director prescribes. In the event that
the amount to be withdrawn
from any one such holder is less than
five hundred dollars, the amount to be withdrawn shall be is at the
director's discretion of the director. The director shall then transfer to
the agency the amount of funds requested. Funds which are deposited in the unclaimed funds trust fund
shall be are subject to call by the director when necessary to pay
claims allowed by the director allows under section 169.08 of the
Revised
Code, in accordance with the director's rules of the director, to
defray the
necessary costs of making publications required by
this chapter, requires
and to pay other operating and administrative
expenses incurred by
the department of commerce incurs in the
administration and enforcement
of this chapter. The unclaimed funds trust fund shall be assessed a
proportionate share of the administrative costs of the department
of commerce in accordance with procedures prescribed by the
director of commerce prescribes and approved by the director of budget and
management approves. Such The assessment shall be paid from the unclaimed
funds trust fund to the division of administration fund. (C) Earnings on the accounts in financial organizations to
the credit of the mortgage funds shall, at the option of such a
the financial organization, be credited to such the accounts at such times
and at such rates as earnings are paid on other accounts of the
same classification held in the financial organization or paid to
the director. The director shall be notified annually, and at
such other times as the director may request, of the amount
of
such
the earnings credited to the accounts. Interest on unclaimed
funds
retained by a holder retains shall be paid to the director or
credited as
specified in the agreement under which the
organization retains
the funds. Interest payable to the director
under an agreement
to invest unclaimed funds and obligations of
the United States
shall be paid annually by such the holder to the
director. Any
earnings or interest received by the director receives under
this division
shall be deposited in and credited to the mortgage
funds.
Sec. 173.08. (A) The resident services coordinator program is established in the department of aging to fund resident services coordinators. The coordinators shall provide information to low-income and special-needs tenants, including the elderly, who live in subsidized financially assisted rental housing complexes, and assist those tenants in identifying and obtaining community and program services and other benefits for which they are eligible.
(B) The resident services coordinator program fund is hereby created in the state treasury to support the resident services coordinator program established pursuant to this section. The fund consists of all moneys the department of development sets aside pursuant to division (A)(4) of section 175.21 174.02 of the Revised Code and moneys the general assembly appropriates to the fund.
Sec. 174.01. As used in this chapter:
(A) "Financial assistance" means grants, loans, loan guarantees, an equity position in a project, or loan subsidies. (B) "Grant" means funding the department of development or the Ohio housing finance agency provides for which the department or the agency does not require repayment. (C) "Housing" means housing for owner-occupancy and multifamily rental housing. (D) "Housing for owner-occupancy" means housing that is intended for occupancy by an owner as a principal residence. "Housing for owner-occupancy" may be any type of structure and may be owned in any type of ownership. (E) "Housing trust fund" means the low- and moderate-income housing trust fund created and administered pursuant to Chapter 174. of the Revised Code. (F) "Lending institution" means any financial institution qualified to conduct business in this state, a subsidiary corporation that is wholly owned by a financial institution qualified to conduct business in this state, and a mortgage lender whose regular business is originating, servicing, or brokering real estate loans and who is qualified to do business in this state. (G) "Loan" means any extension of credit or other form of financing or indebtedness directly or indirectly to a borrower with the expectation that it will be repaid in accordance with the terms of the underlying loan agreement or other pertinent document. "Loan" includes financing extended to lending institutions and indebtedness purchased from lending institutions.
(H) "Loan guarantee" means any agreement in favor of a lending institution or other lender in which the credit and resources of the housing trust fund are pledged to secure the payment or collection of financing extended to a borrower for the acquisition, construction, improvement, rehabilitation or preservation of housing, or to refinance any financing previously extended for those purposes by any lender.
(I) "Loan subsidy" means any deposit of funds into a lending institution with the authorization or direction that the income or revenues the deposit earns, or could have earned at competitive rates, be applied directly or indirectly to the benefit of housing assistance or financial assistance.
(J) "Low and moderate income persons" means individuals and families who qualify as low- and moderate-income persons pursuant to guidelines the department of development establishes. (K) "Multifamily rental housing" means multiple unit housing intended for rental occupancy. (L) "Nonprofit organization" means a nonprofit organization in good standing and qualified to conduct business in this state including any corporation whose members are members of a metropolitan housing authority.
Sec. 175.21 174.02. (A) The low- and moderate-income housing
trust
fund is hereby created in the state treasury. The fund
shall
consist consists of all appropriations made to the fund, housing trust fund fees collected by county recorders pursuant to section 317.36 of the Revised Code and deposited into the fund pursuant to section 319.63 of the Revised Code, and all grants, gifts, loan
repayments,
and
contributions of money made from any source to the
department of
development for deposit in the fund. All investment earnings
of the fund
shall be
credited to the fund. The director of
development shall
allocate a portion of the money in the fund to
an account of the
Ohio housing finance agency. The department
shall administer the
fund. The agency shall use money allocated
to it in the fund for
implementing and administering its programs
and duties under
sections 175.22 174.03 and 175.24 174.05 of the Revised Code,
and the
department
shall use the remaining money in the fund for
implementing and
administering its programs and duties under
sections 175.22 174.03 to
175.25 174.06 of the Revised Code. Use of all money
in drawn from the fund is
subject to the following restrictions: (1) Not more than six per cent of any current year appropriation authority for the fund shall be used for the transitional and permanent housing program to make grants to municipal corporations, counties, townships, and nonprofit organizations for the acquisition, rehabilitation, renovation, construction, conversion, operation, and cost of supportive services for new and existing transitional and permanent housing for homeless persons.
(2)(a) Not more than five per cent of any the current year appropriation authority for the fund shall be used for grants and loans allocated between grants to community development corporations for the community development corporation grant program and grants and loans to the Ohio community development finance fund, a private nonprofit corporation. (b) In any year in which the amount in the fund exceeds one hundred thousand dollars and at least that much is allocated for the uses described in this section, not less than one hundred thousand dollars shall be used to provide training, technical assistance, and capacity building assistance to nonprofit development organizations in areas of the state the director designates as underserved. (c) For monies awarded in any fiscal year, priority shall be given to proposals submitted by nonprofit development organizations from areas of the state the director designates as underserved.
(3) Not more than seven per cent of any current year appropriation authority for the fund shall be used for the emergency shelter housing grants program to make grants to private, nonprofit organizations and municipal corporations, counties, and townships for emergency shelter housing for the homeless. The grants shall be distributed pursuant to rules the director adopts and qualify as matching funds for funds obtained pursuant to the McKinney Act, 101 Stat. 85 (1987), 42 U.S.C.A. 11371 to 11378. (4) In any fiscal year in which the amount in the fund exceeds the amount awarded pursuant to division (A)(2)(b) of this section by at least two hundred fifty thousand dollars, at least two hundred fifty thousand dollars from the fund shall be provided to the department of aging for the resident services coordinator program as established in section 173.08 of the Revised Code. (5) Of all current year appropriation authority for the fund, not more than five per cent shall be used for administration. (6) Not less than forty-five
per cent of the
funds awarded during any one fiscal
year shall be for grants
and loans to nonprofit
organizations under section
175.22 174.03 of the
Revised Code. (7) Not less
than
fifty per
cent of
the
funds awarded
during any one fiscal year, excluding the amounts awarded pursuant to divisions (A)(1), (A)(2), and (A)(3) of this section,
shall be
for grants and loans
for activities
that
provide
housing
and housing assistance to
families and
individuals
in
rural areas
and small cities that
are not
eligible to
participate
as a
participating
jurisdiction under the "HOME
Investment Partnerships
Act," 104
Stat. 4094 (1990), 42 U.S.C.
12701 note, 12721. (8) No money in the
fund
shall be used to pay
for
any legal services other than the
usual
and customary legal
services
associated with the acquisition
of
housing. (9) Except as
otherwise provided
by
the director
under
division (B) of this
section, money Money in the fund may be used
as
matching money for
federal funds received by the state,
counties,
municipal
corporations, and townships for the
activities listed in
section
175.22 174.03 of the Revised Code. (B) If, after the second quarter of any year, it appears to
the director that the full amount of the money in the fund designated in that year for
activities that provide housing and housing assistance to
families and individuals in rural areas and small cities under
division (A) of this section will not be used for that purpose, the director
may
reallocate all or a portion of that amount for other housing
activities. In determining whether or how to reallocate money
under this division, the director may consult with and shall
receive advice from the housing trust fund advisory committee.
Sec. 175.22 174.03. (A) The department of development and the
Ohio
housing finance agency shall each develop programs under
which, in
accordance with rules adopted under this section, they
may make
grants, loans, loan guarantees, and loan subsidies to
counties,
municipal corporations, townships, local housing
authorities, and
nonprofit organizations and may make loans, loan
guarantees, and
loan subsidies to private developers and private
lenders to assist
in activities that provide housing
and
housing
assistance for specifically targeted low- and
moderate-income
families and individuals.
There is no
minimum housing
project size for awards under this division for
any project that
is developed for a special needs population
and that is
supported by a social service agency where the housing
project
is located. Activities for which grants, loans,
loan
guarantees, and
loan subsidies may be made
under this section
include
all of the following: (1) Acquiring, financing, constructing, leasing,
rehabilitating, remodeling, improving, and equipping publicly or
privately owned housing; (2) Providing supportive services related to housing and
the
homeless, including housing counseling. Not
more than twenty per
cent of the current year appropriation
authority for the low- and
moderate-income housing trust fund that remains after the award of funds made pursuant to divisions (A)(1), (A)(2), and (A)(3) of section 175.21 174.02 of the Revised Code,
shall be awarded in any fiscal
year for supportive services. (3) Providing rental assistance payments or other project
operating subsidies that lower tenant rents. (B)
Grants, loans, loan guarantees,
and loan
subsidies may
be
made to counties, municipal
corporations, townships, and
nonprofit
organizations for the
additional purposes of providing
technical
assistance, design and
finance services and
consultation, and
payment of pre-development
and administrative
costs related to any
of the activities listed
above. (C) In developing programs under this section, the
department and
the agency shall invite, accept, and consider
public
comment, and recommendations from the housing trust fund
advisory
committee created under section 175.25 174.06 of the Revised
Code, on
how the programs should be designed to most effectively
benefit
low- and moderate-income families and individuals. The
programs
developed under this section shall respond collectively
to
housing and housing assistance needs of low- and
moderate-income
families and individuals statewide. (D) The department and
the agency, in accordance with
Chapter
119. of the Revised Code, shall each adopt rules to administer programs developed under this
section.
The rules shall prescribe procedures and forms that
counties,
municipal corporations, townships, local housing
authorities, and
nonprofit organizations shall use in applying for
grants,
loans, loan
guarantees,
and loan subsidies and that private
developers
and private
lenders shall use in applying for loans, loan
guarantees, and loan
subsidies;
eligibility criteria for the
receipt of funds;
procedures for
reviewing and granting or denying
applications;
procedures for
paying out funds; conditions on the
use of funds;
procedures for
monitoring the use of funds; and
procedures under
which a
recipient shall be required to repay
funds that are
improperly
used. The rules shall do
both of the
following: (1) Require each recipient of a grant
or loan made
from
the
low- and moderate-income housing trust fund for
activities
that
provide, or assist in providing, a rental
housing
project, to
reasonably ensure that the rental housing
project
will remain
affordable to those families and individuals
targeted for
the
rental housing project for the useful life of the
rental
housing
project or for thirty years, whichever is longer; (2) Require each recipient of a grant
or loan made
from
the
low- and moderate-income housing trust fund for
activities
that
provide, or assist in providing, a housing
project to
prepare
and implement a plan to reasonably assist any
families
and
individuals displaced by the housing project in
obtaining
decent
affordable housing. (E) In prescribing eligibility criteria and conditions for
the use of funds, neither the department nor the agency is limited to
the criteria and conditions specified in this section and each
may
prescribe additional eligibility criteria and conditions that
relate to the purposes for which
grants, loans, loan guarantees,
and loan subsidies may be made. However, the
department and
agency are limited by the following specifically
targeted low-
and
moderate-income guidelines: (1) Not less than seventy-five per cent of the money
granted
and loaned under this section in any
fiscal year shall be
for
activities that provide affordable housing and housing
assistance to families and individuals whose incomes
are equal to or less than
fifty per cent of the median
income for
the county in which they live, as determined by the department under
section 175.23
174.04 of the Revised Code. (2) Any money
granted and loaned under
this
section in any
fiscal year that is not granted or loaned pursuant to division (E)(1) of this section shall be for activities
that
provide
affordable housing and housing assistance to
families
and
individuals whose incomes are equal to or
less
than
eighty per cent of the median income for the county in which they live, as
determined by the department under section 175.23 174.04 of the Revised
Code. (F) In making
grants, loans, loan guarantees,
and loan
subsidies under this section, the department and
the
agency shall
give preference to viable projects and activities
that
benefit those families and individuals whose
incomes
are equal to or less than
thirty-five per cent of
the median
income for the county in which they live, as determined by the department
under
section 175.23 174.04 of the Revised Code. (G) The department and
the
agency
shall monitor the programs developed under this section to
ensure
that money granted and loaned under this section is not
used in a
manner that violates division (H) of section 4112.02 of
the
Revised Code or discriminates against families with children.
Sec. 175.23 174.04.
(A) The department of development shall make an
annual determination
of the median income for families and
individuals persons in each county.
(B) The director of development shall determine appropriate income limits
for identifying or classifying low- and moderate-income persons for the purposes of sections 174.01 to 174.07 of the
Revised Code. In making the determination, the director shall take into consideration
the amount of income available for housing, family size, the
cost and condition of available housing, ability to pay the amounts the private market charges
for decent, safe, and sanitary housing without federal subsidy or
state assistance, and the income eligibility standards of federal programs. Income limits may vary from area to area within the state.
Sec. 175.24 174.05. (A) Annually, the department of development
shall submit a
report to the president of the senate and the
speaker of the house of
representatives describing the activities
of the department under sections
175.21 174.01 to 175.25 174.07 of the Revised
Code during the previous
state fiscal year. (B) Annually, the Ohio housing finance agency shall submit a
report to the
president of the senate and the speaker of the house
of representatives
describing the activities of the agency under
sections 175.21 174.02, 175.22 174.03, and
175.24 174.05 of the Revised Code during the
previous
state fiscal year.
Sec. 175.25 174.06. (A) There is hereby created the housing trust
fund advisory committee. The committee shall consist consists of fourteen
members appointed by the governor appoints as follows, each of whom shall to
represent an organization organizations committed to housing and housing
assistance for low- and moderate-income persons: (A)(1) One member shall to represent lenders.
(B)(2) One member shall to represent for-profit builders and
developers.
(C)(3) One member shall to represent the families and
individuals included in the income groups targeted for housing
and housing assistance under divisions (E) and (F) of section
175.22 174.03 of the Revised Code.
(D)(4) One member shall to represent religious, civic, or social
service organizations.
(E)(5) One member shall to represent counties.
(F)(6) One member shall to represent municipal corporations.
(G)(7) One member shall to represent townships.
(H)(8) One member shall to represent local housing authorities.
(I)(9) One member shall to represent fair housing organizations.
(J)(10) Three members shall to represent nonprofit organizations.
(K)(11) One member shall to represent real estate brokers
licensed under Chapter 4735. of the Revised Code.
(L)(12) One member shall to represent the for-profit rental
housing industry.
(B)(1) Terms of office shall be are for four years, with each term
ending on the same day of the same month as did the term that it
succeeds. Each member shall hold office from the date of his
appointment until the end of the term for which he the member was appointed.
Vacancies shall be filled in the manner prescribed for the
original appointment. A member appointed to fill a vacancy
occurring prior to the expiration of the a term for which his
predecessor was appointed shall hold office for the remainder of
that term. A member shall continue in office subsequent to the
expiration of his a term until his a successor takes office or until
a period of sixty days has elapsed, whichever occurs first. (2) The governor may remove a member appointed by him, for
misfeasance, malfeasance, or willful neglect of duty. (C)(1) The committee shall select a chairman chairperson from among its
members. The committee shall meet at least once each calendar
year and upon the call of the chair. Members of the committee
shall serve without compensation, but shall be reimbursed for
reasonable and necessary expenses incurred in the discharge of
their duties. (2) The department of development shall provide the committee
with a meeting place, supplies, and staff assistance as requested
by the committee requests. (D) The committee shall assist the department and the Ohio
housing finance agency in defining housing needs and priorities,
shall make recommendations recommend to the department and agency at least
annually on how the programs developed under section 175.21 174.02 of
the Revised Code should be designed to most effectively benefit
low- and moderate-income families and individuals persons, consider an allocation of funds for projects of fifteen units or less, and advise the
director of development on whether and how to reallocate money in the low- and
moderate-income housing trust fund under division (B) of section
175.21 174.02 of the Revised Code.
Sec. 175.26 174.07.
Neither the
The department of development
nor,
on its own and on the behalf of the Ohio housing
finance agency and the Ohio department of aging,
shall
make a
obtain controlling board approval prior to making any
grant, loan, loan guarantee, or loan subsidy
greater than fifty thousand dollars from
or allocated from the low- and moderate-income housing trust
fund
without first obtaining the
approval of the controlling
board.
Sec. 175.01. As used in this chapter: (A) "Bonds" means bonds, notes, debentures, refunding
bonds, refunding notes, and other obligations. (B) "Financial assistance" means grants, loans, loan guarantees, an equity position in a
project, and loan subsidies. (C) "Grant" means funding for which repayment is not required. (D) "Homeownership program" means any program for which the Ohio housing finance agency provides financing, directly or indirectly, for the purchase of housing for owner-occupancy. (E) "Housing" means housing for owner-occupancy and multifamily rental housing. (F)
"Housing development fund" means the housing development
fund created and administered pursuant to section 175.11 of the
Revised Code. (G) "Housing finance agency personal services fund" means the housing finance agency personal services fund created and administered pursuant to section 175.051 of the Revised Code. (H) "Housing for owner-occupancy" means housing that is intended for occupancy by an owner as a principal residence. "Housing for owner-occupancy" may be any type of structure and may be owned in any form of ownership. (I) "Housing trust fund" means the low- and moderate-income
housing trust fund created and administered pursuant to Chapter
174. of the Revised Code. (J) "Improvement" means any alteration, remodeling,
addition, or repair that substantially protects or improves the
basic habitability or energy efficiency of housing. (K) "Lending institution" means any financial institution
qualified to conduct business in this state, a subsidiary
corporation that is wholly owned by a financial institution
qualified to conduct business in this state, and a mortgage lender whose regular
business is originating, servicing, or brokering real estate loans
and who is qualified to do business in this state. (L) "Loan" means any extension of credit or other form of
financing or indebtedness extended directly or indirectly to a borrower with the expectation that it will be repaid in accordance with the terms of the underlying loan agreement or other pertinent document. "Loan" includes financing
the Ohio housing finance agency extends to lending institutions and indebtedness the agency purchases from lending institutions. (M) "Loan guarantee" means any agreement in favor of a lending institution, bondholder, or other lender in which the credit and resources of the housing finance agency or the housing trust fund are pledged to secure the payment or collection of financing extended to a borrower for the acquisition, construction, improvement, rehabilitation, or preservation of housing or to refinance any financing previously extended for those purposes. (N) "Loan subsidy" means any deposit of funds the Ohio housing finance agency holds or administers into a lending institution with the authorization or direction that the income or revenues the deposit earns, or could have earned at competitive rates, be applied directly or indirectly to the benefit of housing assistance or financial assistance. (O) "Low- and moderate-income persons" means individuals and
families who qualify as low- and moderate-income persons pursuant to guidelines the agency establishes. (P) "Multifamily rental housing" means multiple unit housing
intended for rental occupancy. (Q) "Nonprofit organization" means a nonprofit organization in good standing and qualified to conduct business in this state including any corporation whose members are members of a metropolitan housing authority. (R)
"Owner" means any person who, jointly or severally, has legal or equitable title to housing
together with the right to control or possess that housing. "Owner" includes a purchaser of housing pursuant to a land installment contract if that contract vests possession and maintenance responsibilities in the purchaser, and a person who has care or control of housing as
executor, administrator, assignee,
trustee, or guardian of the estate of the owner of that housing. (S) "Security interest" means any lien, encumbrance, pledge,
assignment, mortgage, or other form of
collateral the Ohio housing finance agency holds as security for financial
assistance the agency extends or a loan the
agency acquires.
Sec. 175.02. (A) There is hereby created the Ohio housing
finance agency, a body corporate and politic,
performing essential governmental functions of the state. The
mission of the agency includes but is not limited to assisting
with the financing, refinancing, production, development, and
preservation of safe, decent, and affordable housing for occupancy by low- and moderate-income persons; provision of rental assistance and housing services for low- and moderate income persons; allocating all state and federal funds in accordance with applicable state and federal laws, including Section 42 of the Internal Revenue Code; and
promoting community development, economic stability, and growth
within Ohio. To accomplish this mission, the agency shall work
with persons eligible for its programs, nonprofit organizations and
for-profit housing development entities, public entities, and
lending institutions. The agency may review conformity with its
programs and monitor a recipient's use of funds it provides to assure compliance. (B) It is hereby declared to be the public purpose of this
state to improve and promote the public health, safety,
convenience, welfare, and prosperity of the people of the state by
the production and preservation of housing in accordance with applicable state and federal laws.
Sec. 175.03. (A)(1) The Ohio housing finance agency consists
of eleven members. The governor, with the advice and consent of
the senate, shall appoint nine of the members. The other two
members are the director of commerce and the director of
development or their respective designees. (2) The governor shall appoint one member with experience
in residential housing construction; one with experience in
residential housing mortgage lending, loan servicing, or
brokering at an institution insured by the federal deposit insurance corporation; one with experience in the licensed residential
housing brokerage business; one with experience with the
housing needs of senior citizens; one with a background
in labor representation in the construction industry; one to
represent the interests of nonprofit multifamily housing
development organizations; one to represent the interests of
for-profit multifamily housing development organizations; and two
who are public members. (3) The governor shall receive recommendations from the Ohio
housing council for appointees to represent the interests of
nonprofit multifamily housing development organizations and
for-profit multifamily housing development organizations. (4) Not more than six of the appointed members of the agency
may be of the same political party. (B)(1) Of the initial appointments the governor makes, one
member representing the public has an initial term ending January
31, 2010, the other member representing the public has an initial
term ending January 31, 2008, the member with a background in
labor representation in the construction industry has an initial
term ending January 31, 2011, the member with experience in
residential housing mortgage lending, loan servicing, or brokering
has an initial term ending January 31, 2008, the member with experience with the housing needs of senior
citizens has an initial term ending January 31, 2006, the
member representing the interests of nonprofit multifamily housing
development organizations has an initial term ending January 31,
2007, the member representing the interests of for-profit
multifamily housing development organizations has an initial term
ending January 31, 2006, and the member with experience in
residential housing construction and the member with experience in
licensed residential housing brokerage each has an initial term
ending January 31, 2009. Thereafter, each appointed member shall
serve
for a term of six years with each term ending on the
thirty-first
day of January, six years following the termination date of the
term it succeeds. There is no limit on the number of terms a member may serve. (2) Each member shall hold
office from the date of
appointment until the end of the term for
which the member is
appointed. Any member appointed to fill a
vacancy occurring prior
to the expiration of a term continues in
office for the remainder
of that term. Any appointed member
shall continue in office subsequent
to the expiration date of the
member's term until the member's
successor takes office or until
sixty days have elapsed, whichever
occurs first. (3) The governor may
remove an appointed member from
office for misfeasance,
nonfeasance, or malfeasance in office. (C)(1) Except as otherwise provided in this section, members
and agency employees shall comply with Chapter 102. and sections 2921.42 and 2921.43 of the Revised Code. (2) An agency member who is a director, officer,
employee, or owner of a lending institution is not in violation of Chapter 102. and is not subject to section
2921.42 of the Revised Code with respect to a loan to an applicant from the lending institution or a contract
between the agency and the lending institution for the purchase,
administration, or servicing of loans if the member abstains from
participation in any matter that affects the interests of the
member's lending institution. (3) An agency member who represents multifamily
housing interests is not in violation of division (D) or (E) of
section 102.03 or division (A) of section 2921.42 of the Revised
Code in regard to a contract the
agency enters into if both of the
following apply: (a) The contract is entered into for a loan, grant, or
participation in a program the agency administers or funds and the contract is awarded pursuant to rules or guidelines the
agency adopts. (b) The member does not participate in the discussion or vote
on the contract if the contract secures a grant or loan that directly benefits the member, a family member, or a business
associate of the member. (4)(a) Each appointed agency member shall receive
compensation at the rate of two hundred fifty dollars per agency
meeting attended in person, not to exceed a maximum of four
thousand dollars per year. (b) The compensation rate for appointed members applies until
six years after the effective date of this section, at which time
the
members may increase the compensation for members who are
appointed or reappointed after that time. All members are
entitled to reimbursement in accordance with section 126.31 of the Revised Code for expenses
incurred in the discharge of official duties.
Sec. 175.04. (A) The governor shall appoint
a chairperson from among the members. The agency members shall elect a member as vice-chairperson. The agency members may appoint
other officers, who need not be members of the agency, as the agency deems
necessary. (B) Six members of the agency constitute a quorum and the
affirmative vote of six members is necessary for any action the
agency takes. No vacancy in agency membership impairs the right
of a quorum to exercise all of the agency's rights and perform all
the agency's duties. Agency meetings may be held at any place
within the state. Meetings shall comply with section 121.22 of the
Revised Code. (C) The agency shall maintain accounting records in
accordance with generally accepted accounting principals and other
required accounting standards. (D) The agency shall develop policies
and guidelines for the administration of its programs and annually shall conduct at least one public hearing to obtain input from any interested party regarding the
administration of its programs. The hearing shall be held at a time and place as the agency determines and when
a quorum of the agency is present. (E) The agency shall appoint committees and subcommittees comprised of members of the agency
to handle matters it deems appropriate. (1) The agency shall adopt an annual plan to address this state's housing needs. The agency shall appoint an annual plan committee to develop the plan and present it to the agency for consideration.
(2) The annual plan committee shall select an advisory board from a list of interested individuals the executive director provides or on its own recommendation. The advisory board shall provide input on the plan at committee meetings prior to the annual public hearing. At the public hearing, the committee shall discuss advisory board comments.
The advisory board may include, but is not
limited to, persons who represent state agencies,
local governments, public corporations, nonprofit organizations, community
development corporations, housing advocacy organizations for low-
and moderate-income persons, realtors, syndicators, investors,
lending institutions as recommended by a statewide banking organization, and other entities participating in the
agency's programs. Each agency program that allows for loans to be made to finance housing for owner occupancy that benefits other than low- and moderate-income households, or for loans to be made to individuals under bonds issued pursuant to division (B) of section 175.08 of the Revised Code, shall be presented to the advisory board and included in the annual plan as approved by the agency before the program's implementation. (F) The agency shall prepare an annual financial report
describing its activities during the reporting year and submit
that report to the governor, the speaker of the house of
representatives, and the president of the senate within three
months after the end of the reporting year. The report shall
include the agency's audited financial statements, prepared in
accordance with generally accepted accounting principles and
appropriate accounting standards. (G) The agency shall prepare an annual report of its programs describing how the programs have met this state's housing needs. The agency shall submit the report to
the governor, the speaker of the house of
representatives, and the
president of the senate within three
months after the end of the
reporting year.
Sec. 175.05. (A) The Ohio housing finance agency shall do all
of the following related to the agency's operation: (1) Adopt bylaws for the conduct of its business; (2) Employ and fix the compensation of an executive director who serves at the pleasure of the agency
to administer the agency's programs and activities. The executive director may
employ and fix the compensation of employees in the
unclassified civil service as necessary to carry out this chapter and may employ other personnel who
are governed by collective bargaining law and classified
under that law. The executive director shall file financial disclosure statements as described
in section 102.02 of the Revised Code. (3) Establish an operating budget for the agency and administer funds appropriated for the agency's use; (4) Notwithstanding any other provision of the Revised Code, hold all moneys, funds, properties, and assets the agency
acquires or that are directly or indirectly within the agency's control, including proceeds from the sale of bonds, revenues,
and otherwise, in trust for the purpose of exercising its powers
and carrying out its duties pursuant to
this chapter. Notwithstanding any other provision of the Revised Code other than section 175.051 of the Revised Code, at no time shall the agency's moneys, funds, properties, or assets be considered public
moneys, public funds, public properties, or public assets or
subject to Chapters 131. and 135. of the Revised Code. (5) Maintain a principal office and other offices within the
state. (B) The Ohio housing finance agency may do any of the following related to the agency's operation: (1) Except as otherwise provided in section 174.04 of the Revised Code, determine income limits for low- and moderate-income
persons and establish periodic reviews of income
limits. In
determining income limits, the agency shall take into
consideration the amount of income
available for housing, family size, the cost and
condition of available housing, ability to pay the amounts the private market charges for decent, safe, and sanitary housing without federal subsidy or state assistance,
and the income eligibility standards of federal programs. Income limits may vary from area to area within the state. (2) Provide technical information, advice, and assistance
related to obtaining federal and state aid to assist in the
planning, construction, rehabilitation, refinancing, and operation
of housing; (3) Provide information, assistance, or instruction
concerning agency programs, eligibility requirements, application
procedures, and other related matters; (4) Procure or require the procurement of insurance and pay
the premium against loss in connection with the agency's
operations, to include the repayment of a loan, in amounts and
from insurers, including the federal government, as the agency
determines; (5) Contract with, retain, or designate financial
consultants, accountants, and other consultants and
independent contractors, other than attorneys, whom the agency determines are necessary or
appropriate; (6) Charge, alter, and collect interest and other charges for program services including, but not limited to, the allocation of loan funds, the purchase of mortgage loans, and
the provision of services that include processing, inspecting, and
monitoring of housing units financed and the financial records for those units; (7) Conduct or authorize studies and analyses
of housing needs and conditions to the extent that those
activities are not carried out by other agencies in
a manner that is satisfactory for the agency's needs; (8)(a) Acquire by gift, purchase, foreclosure, investment, or other
means, and hold, assign, pledge, lease, transfer, or otherwise
dispose of real and personal property or any interest in that
property in the exercise of its powers and the performance of its duties; (b) Any instrument by which real property is acquired
pursuant to this section shall identify the state agency that has the use and benefit of the real property as specified in
section 5301.012 of the Revised Code. (9)(a) Borrow money, receive gifts, grants, loans,
or other assistance from any federal, state, local, or other
government source, including the housing development fund and the housing trust fund, and enter into
contracts in connection with those sources of assistance; (b) Receive assistance or contributions from any
nongovernment source to include money, property, labor, or things
of value, to be held, used, and applied only for the purposes for
which the grants and contributions are made and within the purposes
of this chapter. (10) Sue and be sued in its own name with respect to its
contracts, obligations, and covenants, or the enforcement of this
chapter. Any actions against the agency shall be
brought in a court of competent jurisdiction located in
Franklin county, Ohio. (11) Enter into any contract, commitment, or
agreement and execute any instrument necessary or incidental to
the performance of duties and the execution of powers; (12) Adopt an official seal; (13)(a) Contract with any private or government entity to administer programs for which the agency receives sufficient
revenues for its services or the agency supports with uncommitted agency resources that pay the agency's operating costs; (b) Administer state and federal programs for which the
governor designates the agency to act as administrator. The agency may charge administrative fees to the state, the federal government, or a program recipient. (14) Notwithstanding any other provision of the Revised Code,
establish, maintain, administer, and close funds and accounts as
convenient or appropriate to the agency's operations; (15) Establish a policy to permit the investment
of agency funds in securities and
obligations; (16) Establish rules and procedures that the
agency determines are appropriate to appeal the agency's actions
and decisions; (17) Serve housing needs in instances that the agency
determines necessary as a public purpose; (18) Provide coverage for its employees under Chapters 145.,
4123., and 4141. of the Revised Code; (19) Adopt rules pursuant to Chapter 119. of the Revised Code; (20) Do anything necessary or appropriate to exercise the
powers of this chapter and carry out the purposes of this
chapter and Section 14, Article VIII and Section 16, Article VIII, Ohio Constitution. (C) The attorney general shall serve as the legal representative for the Ohio housing finance agency and may appoint special counsel for that purpose in accordance with section 109.07 of the Revised Code.
Sec. 175.051. There is hereby created in the state treasury the housing finance agency personal services fund. The fund shall consist of moneys within the control of the Ohio housing finance agency that the agency, or the treasurer of state on behalf of the agency, periodically deposits into the state treasury to the credit of the fund in order to pay the compensation of the employees of the agency. Amounts credited to the fund shall be used by the agency to pay the compensation of the employees of the agency. Sec. 175.06. (A) The Ohio housing finance agency shall do all of the following related to carrying out its programs: (1) Upon the governor's designation, serve as the housing
credit agency for the state and perform all responsibilities of
a
housing credit agency pursuant to Section 42 of the Internal
Revenue Code and similar applicable laws; (2) Require that housing that benefits from the agency's
assistance be available without discrimination in accordance
with Chapter 4112. of the Revised Code and applicable provisions of federal law. (B) The Ohio housing finance agency may do any of the following related to carrying out its programs: (1) Issue bonds, provide security for
assets, make deposits, purchase or make loans, provide economic incentives for the
development of housing, and provide financial assistance for emergency housing; (2) Serve as a public housing agency and contract with the
United States department of housing and urban development to
administer the department's rent subsidy program, housing
subsidy program, and monitoring programs for low- and moderate-income
persons. The agency
shall ensure that any contract into which it enters provides for
sufficient compensation to the agency for its services. (3) Develop and administer programs under which the agency uses moneys from the housing trust fund as allocated by the department of development to extend
financial assistance pursuant to
sections 174.01 to 174.07 of the Revised Code; (4) Make financial assistance available; (5) Guarantee and commit to guarantee the repayment of
financing that a lending institution extends for housing, guaranteeing that debt with any of
the agency's reserve funds not raised by taxation and
not otherwise obligated for debt service, including the housing development fund established pursuant to section 175.11 of the Revised Code and any fund created under division (B)(14) of section 175.05 of the Revised Code; (6) Make, commit to make, and participate in making financial
assistance, including federally insured mortgage loans, available
to finance the construction and rehabilitation of housing or
to refinance existing housing; (7) Invest in, purchase, and take from lenders the
assignment of notes or other evidence of debt including federally
insured mortgage loans, or participate with lenders in notes and
loans for homeownership, development, or refinancing of housing; (8) Sell at public or private sale any mortgage or mortgage
backed securities the agency holds; (9) Issue bonds to carry out the agency's purposes as set
forth in this chapter; (10) Extend or otherwise make available housing assistance on
terms the agency determines. (C) The Ohio housing finance agency may issue bonds and extend
financial assistance from any fund the agency administers for the
prompt replacement, repair, or refinancing of damaged housing if both of the following
apply: (1) The governor declares that a state of emergency exists
with respect to a county, region, or political subdivision of this
state, or declares that a county, region, or political subdivision
has experienced a disaster as defined in section 5502.21 of the
Revised Code. (2) The agency determines that the emergency or disaster has
substantially damaged or destroyed housing in the area of the
emergency or disaster. (D) The agency shall establish guidelines for extending
financial assistance for emergency housing. The guidelines shall include
eligibility criteria for assistance and the terms and conditions
under which the agency may extend financial assistance.
Sec. 175.07. (A)(1) The Ohio housing finance agency shall not
approve funding for any multifamily rental housing to
be constructed with agency assistance or pursuant to any program
the agency operates or administers unless the applicant provides notice of the proposed project as this section requires. (2) Any notice shall be in writing and delivered by certified
mail. The notice shall include the proposed
project's address, the number of units in the project, a description of the project, a statement of whether the project is new
construction, rehabilitation, or other, a summary of the programs that the project will utilize, and the address of the agency and the person to whom to direct comments. The notice shall
inform recipients of their right to submit, within thirty days
of the mailing date of the notice, comments to the agency
regarding the proposed project's impact on the community and that objection to the project must be submitted in writing and signed by a majority of
the voting members of the legislative body. (3) An applicant requesting funds for a project of more than ten units shall
provide the notice to all of
the following: (a) The chief executive officer and the clerk of the legislative body of any municipal corporation in which
the project is proposed to be constructed or that is within one-half mile of
the project's boundaries; (b) The clerk of any township in which the project is proposed to be
constructed or that is within one-half mile of the project's
boundaries; (c) The clerk of the board of county commissioners of any
county in which the project is proposed to be constructed or that is within
one-half mile of the project's boundaries. (4) An applicant requesting funds for a project with ten or fewer units shall provide the notice to the chief elected official of the jurisdiction in which the project is proposed to be constructed, except that if more than one individual serves as the chief elected official, the applicant shall deliver the notice to the clerk of the legislative body of that jurisdiction. (5) To object to a proposed project, a recipient of a notice shall do
both of the following: (a) Submit a written objection that is signed by a majority
of the voting members of the legislative body in which the
project is proposed to be constructed or that is within one-half mile of the
project's boundaries; (b) Send a copy of the written objection to the executive
director of the agency by certified mail, return receipt
requested, so that the agency receives the objection within forty-five days after the
applicant mailed the notice to the recipient. (6) The agency shall provide a written response to any
objections that it receives pursuant to division (A)(5) of this
section. (7) The agency shall hold a public hearing to
receive comments of residents of any political subdivision in which the multifamily rental housing is proposed to be constructed with the assistance of the agency's multifamily bond program. The applicant shall provide notice of the
hearing to all persons listed in divisions (A)(3) and (4) of this
section and ten days in advance of the hearing shall publish a notice of the hearing in a newspaper of general circulation
in the county in which the project is proposed to be constructed. The
agency shall hold the public hearing in the county in which the
project is proposed to be constructed. (B) For purposes of this section, "constructed" means the
creation of multifamily rental housing units through new
construction or the conversion of an existing nonresidential
building into multifamily rental housing units.
Sec. 175.08. (A) The Ohio housing finance agency may use the
proceeds of bonds to carry out the agency's lawful purposes. (B) The agency is the sole entity in the state that may
issue bonds pursuant to Section 143(a) of the Internal Revenue
Code or any similar provision of law. When the agency issues bonds to fund its homeownership
program, it shall take all diligent measures to maximize the distribution of
mortgage loans statewide, especially in underserved areas of the
state, including but not limited to attempting to involve qualified lending institutions throughout the state. (C) Bonds issued pursuant to this chapter need not comply
with any provision of the Revised Code not in this chapter that applies to the
issuance of bonds or notes. Notwithstanding any other provision of the Revised Code, the deposit, application,
safeguarding, and investment of agency funds received or held
under the agency's bond proceedings are not subject to Chapters
131. and 135. of the Revised Code and at no time are those funds public moneys or public funds. (D)(1) Bonds issued pursuant to this chapter do not
constitute a debt or the pledge of the faith and credit of this
state or any political subdivision of this state. The holders or
owners of the agency's bonds have no right to require the general
assembly or the taxing authority of any political subdivision to
levy taxes for the payment of the principal or interest on the agency's
bonds. Money raised by taxation shall not be obligated or pledged for
the payment of the principal or interest on bonds the agency issues pursuant
to this chapter. (2) Bonds issued pursuant to this chapter are payable solely from the
revenues and security interests pledged for their payment as
authorized by this chapter, except for bonds the agency issues in
anticipation of the issuance of bonds and bonds that are refunded
by refunding bonds. Refunding bonds are payable solely from revenues and
security interests pledged for their payment as authorized by this
chapter. (E)(1) Any pledge on bonds is valid and binding from
the time the pledge is made, and the revenues and security
interests pledged and received are immediately subject to the lien
of the pledge without any physical delivery or further act. The lien of the pledge is valid and binding as against all parties
having claims of any kind in tort, contract, or otherwise against
the agency, irrespective of whether the parties have notice of the
lien of the pledge. (2) Any resolution or trust
agreement by which a pledge is created need not be filed or recorded except
in the records of the agency. Any
bond shall contain on its face a statement to the effect that the
bond, as to both principal and interest, is not a debt of this
state or any political subdivision of this state, but is payable
solely from the revenues and security interests pledged for its
payment. (F) The agency may issue bonds for any term, at any interest
rate, use any method of calculating interest including a variable
interest rate, and include any provision or condition authorized pursuant to resolutions the agency adopts. The
agency may authorize bonds of any denomination, form, registration privilege, medium of
payment, place of payment, and term of redemption. (G) The agency may sell bonds at public or private sale, for
an amount not less than the price that the agency establishes. The
agency chairperson or vice chairperson and any other officer that
the agency designates shall execute the bonds manually or by
facsimile signature. The agency may affix or print the agency's
official seal or a facsimile on the bonds. Any coupons attached
to the bonds shall bear the signature or facsimile signature of
the chairperson or vice chairperson and any other officer the
agency designates. If an officer whose signature appears on bonds
or coupons ceases to be an officer before the delivery of the
bonds, that signature or facsimile is sufficient for all purposes
as if the officer had remained in office. If the agency changes
its seal after a facsimile is imprinted on the bonds, the imprinted
facsimile seal is sufficient for all purposes. The agency may
execute bonds in book entry form in any manner appropriate to that
form. (H)(1) Any resolution
that authorizes bonds or an issue of bonds may do any of the following: (a) Pledge any of the agency's revenues and security
interests to secure the payment of bonds or any issue of bonds; (b) Specify the use, investment, and disposition of the
agency's revenues; (c) Agree to establish, alter, and collect fees and other
charges in an amount that pledged revenues are sufficient to pay the costs
of operation and pay the principal and interest on bonds secured
by the pledge of the revenues; (d) Provide reserves that the resolution or trust agreement requires; (e) Set aside reserve funds or sinking funds and regulate and
dispose of those funds; (f) Credit the proceeds of the sale of bonds to and among the
funds referred to or provided for in the trust agreement or the resolution that authorized the issuance of bonds; (g) Establish limits on the purposes to which the proceeds of the
sale of bonds may be applied and pledge those proceeds to secure
the payment of the bonds or any issue of bonds; (h) Agree to do all things necessary for the authorization,
issuance, and sale of bonds in amounts necessary for the timely
retirement of notes issued in anticipation of the issuance of
bonds; (i) Establish limits on the issuance of additional bonds; (j) Establish the terms upon which additional bonds may be
issued and secured; (k) Provide for the refunding of outstanding bonds; (l) Establish procedures for amending or abrogating the terms
of any contract with bondholders; (m) Establish limits on the amount of moneys the agency may
expend for operating, administrative, or other expenses; (n) Secure bonds by a trust agreement in accordance with
section 175.06 of the Revised Code; (o) Establish rules and procedures to address matters that
affect the security or protection of the bonds. (2) Any resolution authorizing bonds or an issue of bonds is subject to any agreement with bondholders that exists at the time of the resolution. The provisions of any resolution authorizing bonds becomes part of the contract with the bondholders. (I) No agency member nor any person executing agency bonds is
liable personally on the bonds or is subject to any personal
liability by reason of the issuance of the bonds. (J) Bonds issued pursuant to this chapter are deemed to be
negotiable instruments, subject only to the provisions of the
bonds for registration, and possessing the qualities and incidents
of negotiable instruments, notwithstanding whether those bonds are
of the form or character otherwise to be negotiable instruments.
Sec. 175.08
175.09. (A)
In
(1) At the discretion of the
Ohio
housing
finance agency, any bonds issued
under
pursuant to
this
chapter may be
secured by a trust agreement between the
agency and
a corporate
trustee, which
may be any trust
company or
financial
institution
having
that has the powers of a
trust
company
within or
without the state but authorized
and is qualified to
exercise
those trust powers within
the
this state.
Any such
A
trust agreement may pledge or assign
the agency's revenues and security
interests
of the agency held
or
to
be
received holds or is to receive. Any
such trust agreement or
any resolution
providing
that provides for the issuance of
such bonds may contain
such reasonable and proper provisions
for
protecting and enforcing
that protect and
enforce the rights and remedies of the
bondholders
as are
reasonable and proper and
not in violation of
do not violate any
law, including covenants setting
or covenant that sets forth the
agency's duties
of the agency
in relation to
the fees, interest
rates, or other charges
to be
imposed for
the loans
made or
purchased or
the agency makes or purchases, services
rendered by
the agency
renders, and the custody, safekeeping, and application
of
all
moneys.
Any (2) Any financial institution or trust company
which may act
that acts as
a depository of the proceeds of bonds
or of,
revenues, or reserve
funds may furnish
such indemnifying bonds or
may pledge
such
securities
as are required by
that the agency
requires.
Any such
The trust
agreement may set forth the rights
and remedies of the
bondholders and
of the trustee, and may
restrict the individual
right of action by bondholders as is
customary in trust
agreements or trust indentures securing similar
bonds.
Such (3) A
trust agreement may contain
such other provisions
as
the agency
considers reasonable and proper for the security
of the
bondholders, including any provision that may be contained
in
resolutions
a resolution under this section,
with
that provision having the
same effect as if
contained
it were in
such
a resolution. (B) Any holder of
the bonds
or any of the coupons
appertaining thereto and the trustee under any trust agreement
executed pursuant to division (A) of this section, except to the
extent
the
to which the resolution or trust agreement restricts
rights
given are restricted by the applicable
resolution or trust
agreement, may by suit, action, mandamus, or
other proceedings,
protect and enforce any rights under the laws
of
the
this state
or granted under the trust agreement, or
included in the
resolution
authorizing
that authorizes the issuance of
such
the
bonds, and may
enforce and compel the performance of all duties
required by this
chapter, the trust agreement,
or
and the
resolution to be performed by
the agency or any
agency officer
thereof, including
the fixing
establishing,
charging, and
collecting
of fees, interest
rates, or other
charges. (C) Moneys in the
funds
of the agency agency's trust estates
may be invested as
provided in any resolution
authorizing
that
authorizes the issuance of its bonds
or in any trust agreement
securing the same
that secures those bonds. Income from
all
such
investments of moneys in any fund shall be credited to
such
funds
as the agency determines, subject to the provisions of any
such
resolution or trust agreement, and
such investments may be
sold at
such times
as
that the agency determines.
Sec. 175.09 175.10. (A) All bonds issued under this chapter are
lawful investments of banks, societies for savings, savings and
loan associations, deposit guarantee associations, trust
companies, trustees, fiduciaries, insurance companies, including
domestic for life and domestic not for life, trustees or other
officers having charge of sinking and bond retirement or other
special funds of political subdivisions and taxing districts of
this state, the treasurer of state,
the administrator of workers' compensation, the state teachers
retirement system, the public employees retirement system, the
school employees retirement system, and the Ohio police and
fire pension fund, notwithstanding any
other provision
of the Revised Code or rules adopted pursuant thereto by any
governmental agency of the this state with respect to investments by
them, and are acceptable as security for the deposit of public
moneys. (B) The exercise of the powers granted by this chapter
will be grants is in all respects for the benefit of the people of the
state, for the improvement of their health, safety, convenience,
and economic welfare, and for the enhancement of the
opportunities for safe and sanitary housing and is a public
purpose. The (C) The programs undertaken by the Ohio housing finance
agency constitute the performance of essential public functions,
and the bonds issued under this chapter, their transfer, and the
income therefrom from those bonds, including any profit made on the their sale thereof,
is at all times free from taxation within the this state.
Sec. 175.11. (A) There is hereby created the housing development fund, which shall be in the custody of the treasurer of state but shall not be part of the state treasury. The fund shall consist of all grants, gifts, loan repayments, and contributions of money made from any source to the Ohio housing finance agency for deposit into the fund in addition to amounts loaned to the agency pursuant to section 169.05 of the Revised Code. The agency shall
administer the fund. The agency may request funds as needed pursuant to section 169.05 of the Revised Code to fund loans, loan guarantees, and loan subsidies. The agency may request funds for a loan guarantee only to satisfy a mortgage guarantee that is in default. (B) The agency shall use moneys in the housing development fund solely for the
purposes this chapter authorizes and at no
time shall the fund be
considered a part of the public moneys or subject to
Chapters 131. and
135. of the Revised Code.
Sec. 175.12. (A) This chapter, being necessary for the
welfare of the state and its inhabitants, shall be liberally
construed to effect its purposes and the purposes of Section 14, of
Article VIII and Section 16, Article VIII, Ohio Constitution. (B) The following are not public records subject to section 149.43 of the Revised Code: (1) Financial statements and data submitted for any purpose to the Ohio housing finance agency or the controlling board by any person in connection with applying for, receiving, or accounting for financial assistance the agency provides; (2) Information that identifies any individual who benefits directly or indirectly from financial assistance the agency provides. (C)(1) The agencies of this state shall cooperate fully with the Ohio housing
finance agency and shall provide information the Ohio housing finance agency
determines is necessary or helpful for its operation. (2) The Ohio housing finance agency
may arrange with and enter into contracts with other entities to perform functions this
chapter authorizes the agency to perform and compensate those entities for
performing those functions. (3) The agency may enter into contracts with state entities as described in this
chapter. (D) Any state agency that provides supplies, equipment, or services directly related to the mission of the Ohio housing finance agency as described in section 175.02 of the Revised Code may enter into an agreement with the
Ohio housing finance agency to furnish those supplies, equipment, or services pursuant to
terms both agencies agree upon for
remuneration to the state agency. (E) The Ohio housing finance agency is exempt from the requirements of Chapters
123. and 125. and sections 127.16 and 5147.07 of the Revised
Code.
Sec. 175.13. (A) Any agreement the Ohio housing finance agency enters into with bondholders is a contract that the agency shall enforce and no action of the general assembly or any state agency may limit or alter the terms of that agreement or the authority of the agency or its successors to fulfill the terms of that agreement. No state agency may impair any right or remedy of the holders of bonds until the agency has fully met and discharged its bond obligations, together with interest, interest on any unpaid installments of interest, and costs and expenses related to any bondholder action or proceeding. The agency may include in any bond agreement a statement that sets forth the agency's authority to enforce agreements pursuant to this section.
(B) Bonds the agency issues are at all times bonds of the state, subject to this chapter. The agency and officers of the state may do all things necessary so that the interest on bonds the agency intends to be exempt from federal taxation remains exempt from federal income taxation. Any error or failure in efforts to assure tax exemption does not affect the validity of the bonds.
Sec. 176.05. (A)(1) Notwithstanding any provision of law
to the contrary, the rate of wages payable for the various
occupations covered by sections 4115.03 to 4115.16 of the Revised
Code to persons employed on a project who are not
any of the following shall be determined according to this section: (a) Qualified volunteers; (b) Persons required to participate in a work
activity, developmental activity, or alternative work activity under
sections 5107.40 to 5107.69 of the
Revised Code except those engaged in paid employment
or subsidized employment pursuant to the activity; (c) Food stamp benefit recipients required to participate in
employment and training activities established by rules adopted under section
5101.54 of the Revised Code. An association representing the
general contractors or subcontractors that engage in the business
of residential construction in a certain locality shall negotiate
with the applicable building and construction trades council in
that locality an agreement or understanding that sets forth the
residential prevailing rate of wages, payable on projects in that
locality, for each of the occupations employed on those projects. (2) Notwithstanding any residential prevailing rate of wages established
prior to July 1, 1995, if, by October 1, 1995, the parties are
unable to agree under division (A)(1) of this section as to the rate
of wages payable for each occupation covered by sections 4115.03 to 4115.16
of the Revised Code, the director of commerce
shall establish the rate of wages payable for each occupation. (3) The residential prevailing rate of wages established
under division (A)(1) or (2) of this section shall not be equal
to or greater than the prevailing rate of wages determined by the
director pursuant to sections 4115.03 to 4115.16
of the
Revised Code for any of the occupations covered by those sections. (B) Except for the prevailing rate of wages determined by
the director pursuant to sections 4115.03 to
4115.16 of
the Revised Code, those sections and section 4115.99 of the Revised
Code apply to projects. (C) The residential prevailing rate of wages established
under division (A) of this section is not payable to any
individual or member of that individual's family who provides
labor in exchange for acquisition of the property for
homeownership or who provides labor in place of or as a
supplement to any rental payments for the property. (D) For the purposes of this section: (1) "Project" means any construction, rehabilitation,
remodeling, or improvement of residential housing, whether on a
single or multiple site for which a person, as defined in section
1.59 of the Revised Code, or municipal corporation, county, or
township receives financing, that is financed in whole or in part
from state moneys or pursuant to this chapter, section 133.51 or
307.698 of the Revised Code, or Chapter 174. or 175. of the Revised Code,
except for any of the following: (a) The single-family mortgage revenue bonds homeownership
program under Chapter 175. of the Revised Code, including
owner-occupied dwellings of one to four units; (b) Projects consisting of fewer than six units developed
by any entity that is not a nonprofit organization exempt from
federal income tax under section 501(c)(3) of the Internal
Revenue Code; (c) Projects of fewer than twenty-five units developed by
any nonprofit organization that is exempt from federal income tax
under section 501(c)(3) of the Internal Revenue Code; (d) Programs undertaken by any municipal corporation,
county, or township, including lease-purchase programs, using
mortgage revenue bond financing; (e) Any individual project, that is sponsored or developed
by a nonprofit organization that is exempt from federal income
tax under section 501(c)(3) of the Internal Revenue Code, for
which the federal government or any of its agencies furnishes by
loan, grant, low-income housing tax credit, or insurance more
than twelve per cent of the costs of the project. For purposes
of division (D)(2)(e) of this section, the value of the
low-income housing tax credits shall be calculated as the
proceeds from the sale of the tax credits, less the costs of the
sale. As used in division (D)(1)(e) of this section, "sponsored"
means that the general partner of a limited partnership owning
the project is either a nonprofit organization that is exempt
from federal income tax under section 501(c)(3) of the Internal
Revenue Code or a person, as defined in section 1.59 of the
Revised Code, in which such a nonprofit organization maintains
controlling interest. Nothing in division (D)(1)(e) of this section shall be
construed as permitting unrelated projects to be combined for the
sole purpose of determining the total percentage of project costs
furnished by the federal government or any of its agencies. (2) A "project" is a "public improvement" and the state or
a political subdivision that undertakes or participates in the
financing of a project is a "public authority," as both of the
last two terms are defined in section 4115.03 of the Revised
Code. (3) "Qualified volunteers" are volunteers who are working
without compensation for a nonprofit organization that is exempt
from federal income tax under section 501(c)(3) of the Internal
Revenue Code, and that is providing housing or housing assistance
only to families and individuals in a county whose incomes are
not greater than one hundred forty per cent of the median income
of that county as determined under section 175.23 174.04 of the Revised
Code.
Sec. 176.06. (A) Each municipal corporation, county, and
township shall compile and make available, in accordance with
this
section, to the public for inspection and copying for a
period of
five years, the number and total dollar amount of
mortgage loans
that were originated, for which completed
applications were
received and applicants were rejected, and that
were purchased by
that municipal corporation, county, or township
during each fiscal
year. Information regarding each of the
mortgage loan categories
listed above category described in this section shall be itemized to
clearly and conspicuously
disclose the following: (A)(1) The number and dollar amount of mortgage loans insured
under Title II of the "National Housing Act," 48 Stat. 1246
(1934), 12 U.S.C.A. 1707 et seq., or under Title V of the
"Housing
Act of 1949," 63 Stat. 413, 432, 42 U.S.C.A. 1471 et
seq., or
guaranteed under the "Veterans' Loan Act," 58 Stat. 284
(1944), 38
U.S.C.A. 1801 et seq.;
(B)(2) The number and dollar amount of mortgage loans made to
mortgagors who did not, at the time of execution of the mortgage,
intend to reside in the property securing the mortgage loan;
(C)(3) The number and dollar amount of home improvement
loans;
(D)(4) The number and dollar amount of mortgage loans
involving
mortgagors or mortgage applicants grouped according to
census
tract, income level, race, color, religion, sex, ancestry,
disability as defined in section 4112.01 of the Revised Code, and
national origin.
(B) The information described in this section shall be made
available to the public in raw data form and updated quarterly.
Within four months after the end of each fiscal year, each
municipal corporation, county, and township shall submit to the
president of the senate and the speaker of the house of
representatives a report containing the information described in
this section for the immediately preceding fiscal year. (C) As used in this section, "mortgage loan"
has the same
meaning
as in section 175.01 of the Revised Code
means a loan secured by a
mortgage, deed of trust, or other security interest to finance the
acquisition, construction, improvement, or rehabilitation of
single-family residential housing.
Sec. 176.07. The director of development, in consultation
with the public and the housing trust fund advisory committee
created under section 175.25 174.06 of the Revised Code, shall develop
regulations applicable to all existing and future state housing
loan, loan guarantee, loan subsidy, and grant programs. The
regulations shall require recipients of financing from state
housing programs, that provide or assist in providing
multi-family rental housing, to do both of the following: (A) Reasonably ensure that the multi-family rental housing
will be affordable to those families and individuals targeted for
the multi-family rental housing for the useful life of the
multi-family rental housing or thirty years, whichever is longer; (B) Prepare and implement a plan to reasonably assist any
families and individuals displaced by the multi-family housing in
obtaining decent affordable housing. The department of development shall distribute a copy of
these regulations to each local housing advisory board to serve
as a guideline for carrying out the requirements of divisions
(D)(2) and (3) of section 176.04 of the Revised Code.
Sec. 319.63. (A) During the first thirty days of each calendar quarter, the county auditor shall pay to the treasurer of state all amounts that the county recorder collected as housing trust fund fees pursuant to section 317.36 of the Revised Code during the previous calendar quarter. If payment is made to the treasurer of state within the first thirty days of the quarter, the county auditor may retain an administrative fee of one per cent of the amount of the trust fund fees collected during the previous calendar quarter. (B) The treasurer of state shall deposit the first fifty million dollars of housing trust fund fees received each year pursuant to this section into the low- and moderate-income housing trust fund, created under section 175.21 174.02 of the Revised Code, and shall deposit any amounts received each year in excess of fifty million dollars into the state general revenue fund. (C) The county auditor shall deposit the administrative fee that the auditor is permitted to retain pursuant to division (A) of this section into the county general fund for the county recorder to use in administering the trust fund fee.
Sec. 1349.11. (A) No lending institution, as defined in
division (E) of section 175.01 of the Revised Code, that is
affiliated with or authorized to be affiliated with a real estate
broker and that provides real estate brokerage services to third
parties shall fix or vary the terms and conditions on a mortgage
loan, or the granting of any such a mortgage loan, on the condition
or requirement that the customer of the lending institution use
or
employ the services of the affiliated real estate broker. (B) A lending institution, service corporation, or any
person engaged in providing real estate brokerage services to
third parties at all times shall be identified as separate and
distinct from any lending institution with which it is affiliated
or associated and shall hold itself out as such separate and distinct by doing both of
the following: (1) Providing full and complete disclosure in writing of
its
relationship with the lending institution to persons who
employ it
to provide real estate brokerage services; (2) Separately identifying any office space it uses in any
building also used by the lending institution. (C) No such service corporation, real estate broker, or
person associated with a lending institution shall represent to
the public or to any person employing the corporation, real
estate
broker, or person to provide real estate brokerage
services that
the lending institution offers or will offer
different terms and
conditions on mortgage loans to those who
employ the corporation,
real estate broker, or person for real
estate brokerage services
than to persons who do not so employ
the corporation, real estate
broker, or person. (D) This section does not apply to real estate owned by
lending institutions. (E) Subject to division (F) of this section, the director
of
commerce and appropriate division superintendents within the
department of commerce shall enforce this section. (F)(1)(a) The superintendent of real estate shall enforce
and administer this section insofar as it relates to persons
licensed as real estate brokers pursuant to Chapter 4735. of the
Revised Code. In that enforcement and administration, the
superintendent possesses and may use the authority conferred upon
him
by that chapter. (b) The director of commerce, and the superintendent of
the any
division within the department of commerce that has
jurisdiction
over a particular lending institution, shall enforce
and
administer this section insofar as it relates to that lending
institution. Correspondingly, the The superintendent of real estate
shall not enforce and administer this section insofar as it
relates to any lending institution. (2) If a Any licensed real estate broker who is subject to the
requirements of division (B) of this section or the prohibition
of
division (C) of this section who fails to comply with those
requirements or that prohibition, the failure constitutes either division is guilty of
misconduct for purposes of division (A)(6) of section 4735.18 of
the Revised Code.
Sec. 4582.54. Moneys in the funds of the port authority, except as otherwise
provided in any resolution authorizing the issuance of its port authority
revenue bonds or in any trust agreement securing the same, in excess of
current
needs, may be invested as permitted
by sections 135.01 to 135.21 of the Revised Code or invested in linked deposit programs established by resolution of the board of directors in accordance with section 135.80 of the Revised Code. Income from all
such
investments of moneys in any fund shall be credited to such funds as the port
authority determines, subject to the provisions of any such resolution or
trust
agreement, and such the investments may be sold at any
time the port authority
determines.
SECTION 2. That existing sections 9.98, 9.981, 9.982, 122.63, 133.01, 133.08, 133.081, 133.10, 135.80, 135.81, 149.43, 169.05, 173.08, 175.08, 175.09,
175.21, 175.22, 175.23, 175.24, 175.25, 175.26, 176.05, 176.06, 176.07, 319.63, 1349.11, and 4582.54, and sections Sec. 175.01. ,
Sec. 175.02. , Sec. 175.03. , Sec. 175.04. , Sec. 175.041. , Sec. 175.05. , Sec. 175.06. , Sec. 175.07. , Sec. 175.10. , Sec. 175.11. ,
Sec. 175.12. , Sec. 175.13. , Sec. 175.14. , and Sec. 175.15. of the Revised Code are hereby
repealed.
SECTION 3. On the effective date of this section, the Ohio
Housing Finance Agency of the Ohio Department of Development is
hereby transferred to the Ohio Housing Finance Agency. All of the Department of Development's
functions, powers, duties, and obligations that pertain to the Ohio Housing Finance Agency are
hereby transferred and assigned to the Ohio Housing Finance Agency
as constituted by this act. All of the Department of Development's records, files, equipment,
and contractual obligations that
pertain to its functions, powers, duties, and obligations related to the Ohio Housing
Finance Agency are
transferred to the Ohio Housing Finance Agency
on the effective
date of this section.
The Ohio Housing Finance Agency shall conduct and complete any business or matter of the Department of Development that pertains to the functions, powers, duties, and obligations this act transfers to the Agency or that is assigned and pending on the effective date of this section. The Agency shall conduct any business or matter transferred to it in the same manner, under the same terms and conditions, and with the same effect as if conducted by the Department of Development.
All of the Department of Development's criteria, acts, determinations, certifications, and decisions pertaining to functions this act transfers and assigns to the Ohio Housing Finance Agency shall continue in force as the agency's criteria, acts, determinations, certifications, and decisions until the agency modifies or terminates them.
Any reference in a law, contract, or other document to a function, power, duty, or obligation of the Department of Development that this act transfers to the Ohio Housing Finance Agency is deemed to be a reference to a function, power, duty, or obligation of the Ohio Housing Finance Agency.
This act does not affect any existing right or remedy of any character except that the Ohio Housing Finance Agency shall administer those rights and remedies instead of the Department of Development.
Beginning the first pay period after the effective date of this section in which personal
services expenses are charged against
appropriations, all employees of the Ohio Housing Finance Agency
of the Department of Development are transferred to the Ohio
Housing Finance Agency. All employees retain their
respective civil service classifications and status, together with
all rights, benefits, and privileges provided by collective
bargaining agreements negotiated pursuant to Chapter 4117. of the
Revised Code. Notwithstanding section 124.13 of the Revised Code,
all vacation time and other benefits earned by those employees are deemed to have been earned by them as employees of the
Ohio Housing Finance Agency. Any employee who, at the time of
transfer, has a temporary or provisional appointment is
transferred subject to the same right of removal, examination, or
termination as though the transfer had not been made.
Employees not governed by collective bargaining agreements
negotiated pursuant to Chapter 4117. of the Revised Code retain their respective status, and are governed by Chapter 124. of the Revised Code.
No action or proceeding brought by the Department of Development that is pending on the effective date of this section and that pertains to a function, power, duty, or obligation that this act transfers to the Ohio Housing Finance Agency is affected by this act but may be prosecuted or defended in the name of the Ohio Housing Finance Agency. In any action or proceeding, the Ohio Housing
Finance Agency shall be
substituted as a party upon application to the court. Not later than one hundred twenty days after the effective
date of this section, the Auditor of State shall provide to the
Executive Director of the Ohio Housing Finance Agency a
comprehensive audit of all funds, assets, and liabilities of the
Department of Development that are related to Ohio Housing
Finance Agency programs. Upon receipt of the audit, the Executive
Director shall submit a copy of the audit to the Office of Budget
and Management and shall request the Controlling Board to
transfer to the Ohio Housing Finance Agency any funds, assets, and
liabilities that this act does not otherwise transfer to the agency.
SECTION 4. On July 1, 2005, or as soon thereafter as possible, the Director of Budget and Management shall certify the cash balance of the Housing Development Operating Fund (Fund 380) and the Housing Finance Operating Fund (Fund 445) within the budget of the Department of Development and shall transfer those certified balances to the Housing Finance Agency Personal Services Fund (Fund 5AZ) within the budget of the Ohio Housing Finance Agency. The Director shall cancel any existing encumbrances against Fund 380 and Fund 445 and, notwithstanding section 175.051 of the Revised Code, shall reestablish those encumbrances against Fund 5AZ. The amounts of the reestablished encumbrances are hereby appropriated to appropriation item 997-601, Housing Finance Agency Personal Services within Fund 5AZ.
SECTION 5. Sections 1, 2, 3, and 4 of this act take effect July 1, 2005.
|