To amend sections 307.698, 322.02, and 322.03 of the Revised Code to authorize an increase in the real property transfer tax up to $4 per $1000 of value, and to require that any revenue from the tax in excess of $3 per $1000 of value be used by the county for providing housing.

Section 1. That sections 307.698, 322.02, and 322.03 of the Revised Code be amended to read as follows:

Sec. 307.698.  (A) If a board of county commissioners levies a real property transfer tax under section 322.02 of the Revised Code at a rate greater than thirty cents for each one hundred dollars, the county treasurer shall create the county housing trust fund in the county treasury. The fund shall be composed of revenue from the tax to the extent the rate exceeds thirty cents for each one hundred dollars, any other money that may be lawfully expended for the purpose of the fund that the board directs to be credited to the fund, and any gifts or grants of money designated for the purpose of the fund. All money credited to the county housing trust fund shall be appropriated and expended for the purpose of providing or assisting in providing housing as authorized by Section 16 of Article VIII, Ohio Constitution, and Chapter 176. of the Revised Code, including the payment of debt charges for obligations issued under section 133.51 of the Revised Code. The board may grant money in the fund to townships, municipal corporations, or other governmental authorities in the county authorized to expend money for such purposes, to a nonprofit corporation created under section 176.011 of the Revised Code, or to other nonprofit corporations in the county the primary purpose of which is to provide or facilitate the provision of affordable housing for individuals or households having low incomes.

(B) In any county in which a housing trust fund is required to be created under division (A) of this section, the board of county commissioners by resolution may create a housing trust fund board. If a housing advisory board created under section 176.01 of the Revised Code exists in the county, the board of county commissioners may designate the housing advisory board to perform the duties prescribed by this division for housing trust fund boards.

The board of county commissioners shall appoint the members of the board and provide for its organization. The housing trust fund board shall be composed of the number of members specified by the board of county commissioners. A majority of the board's membership shall be composed of individuals who are members of the class of persons to be assisted by grants or assistance provided from the fund, including individuals or households having low incomes, or of individuals who represent organizations that serve the population which would qualify for trust fund programs, including organizations having as their primary purpose the provision of affordable housing for individuals or households having low incomes. The terms of members shall be prescribed by the board of county commissioners.

The housing trust fund board shall prescribe categories of programs eligible for grants or assistance from the county housing trust fund. The categories shall be consistent with the purpose of the fund, including providing affordable housing for individuals or households with low incomes. The board shall also prescribe criteria for determining eligibility for grants or other assistance from the fund and methods and procedures for applying for grants or assistance and for evaluating applicants' proposals.

(C) The board of county commissioners may spend moneys from the general fund for housing purposes, including the housing purposes of a county land reutilization corporation organized under Chapter 1724. of the Revised Code.

Sec. 322.02.  (A) For the purpose of paying the costs of enforcing and administering the tax and, providing additional general revenue for the county, and providing revenue for the county housing trust fund, any county may levy and collect a tax to be known as the real property transfer tax on each deed conveying real property or any interest in real property located wholly or partially within the boundaries of the county at a rate not to exceed thirty forty cents per hundred dollars for each one hundred dollars or fraction thereof of the value of the real property or interest in real property located within the boundaries of the county granted, assigned, transferred, or otherwise conveyed by the deed. The tax shall be levied pursuant to a resolution adopted by the board of county commissioners of the county and, except as provided in division (A) of section 322.07 of the Revised Code, shall be levied at a uniform rate upon all deeds as defined in dividion division (D) of section 322.01 of the Revised Code. Prior to the adoption of any such resolution, the board of county commissioners shall conduct two public hearings thereon, the second hearing to be not less than three nor more than ten days after the first. Notice of the date, time, and place of the hearings shall be given by publication in a newspaper of general circulation in the county once a week on the same day of the week for two consecutive weeks, the second publication being not less than ten nor more than thirty days prior to the first hearing. The tax shall be levied upon the grantor named in the deed and shall be paid by the grantor for the use of the county to the county auditor at the time of the delivery of the deed as provided in section 319.202 of the Revised Code and prior to the presentation of the deed to the recorder of the county for recording.

(B) No resolution levying a real property transfer tax pursuant to this section or a manufactured home transfer tax pursuant to section 322.06 of the Revised Code shall be effective sooner than thirty days following its adoption. Such a resolution is subject to a referendum as provided in sections 305.31 to 305.41 of the Revised Code, unless the resolution is adopted as an emergency measure necessary for the immediate preservation of the public peace, health, or safety, in which case it shall go into immediate effect. An emergency measure must receive an affirmative vote of all of the members of the board of commissioners, and shall state the reasons for the necessity. A resolution may direct the board of elections to submit the question of levying the tax to the electors of the county at the next primary or general election in the county occurring not less than seventy-five days after the resolution is certified to the board. No such resolution shall go into effect unless approved by a majority of those voting upon it.

Sec. 322.03.  The funds collected by a county levying a real property transfer tax or a manufactured home transfer tax pursuant to sections 322.01 to 322.07 of the Revised Code shall be allocated and disbursed as follows:

(A) First, for payment of the costs incurred by the county in the administration and enforcement of the tax;

(B) The balance remaining after payment of the expenses referred to in division (A) of this section shall be deposited in the county general fund to be expended for any purpose for which general fund moneys of the county may be used, including the acquisition or construction of permanent improvements, or in the bond retirement fund for the payment of debt service charges on notes or bonds of the county issued for the acquisition or construction of permanent improvements. The amounts to be deposited in each of the funds shall be determined by the board of county commissioners. If the total rate of tax levied under section 322.02 of the Revised Code exceeds thirty cents for each one hundred dollars or fraction thereof, funds collected from the tax to the extent of the rate in excess of thirty cents for each one hundred dollars or fraction thereof shall be deposited in the county housing trust fund created under section 307.698 of the Revised Code and used for the purposes prescribed by that section.

Section 2. That existing sections 307.698, 322.02, and 322.03 of the Revised Code are hereby repealed.