reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 1 | State Government › Chapter 122 | Department of Development › Section 122.54 | Direct Loan Program Fund.

Effective:
July 1, 1987
Latest Legislation:
House Bill 171 - 117th General Assembly
The direct loan program fund is hereby created within the state treasury, to consist of money appropriated for the purpose of making loans authorized under sections 122.43 and 122.45 of the Revised Code, money from the proceeds of the sale of any issue of its revenue bonds to the extent and subject to the conditions provided in the proceedings authorizing such bonds or in the trust agreement securing such bonds, all grants, gifts, and contributions made to the director of development for such purpose, and all other moneys designated by him for the purpose of making loans or required to be used for such purpose by the provisions of any proceedings authorizing an issue of revenue bonds or trust agreement securing such bonds. All moneys received from repayments of loans authorized pursuant to sections 122.43 and 122.45 of the Revised Code or received in the event of a default on any such loans shall be deposited in the general revenue fund.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 122 | Department of Development › Section 122.55 | Purchase Fund of the Director of Development.

Effective:
July 14, 1983
Latest Legislation:
Senate Bill 227 - 115th General Assembly
The purchase fund of the director of development is hereby created to consist of all money allocated by the director for the purchase and improvement of property authorized to be purchased under section 122.46 of the Revised Code from the proceeds of the sale of any issue of revenue bonds to the extent and subject to the conditions provided in the proceedings authorizing such bonds or in the trust agreements securing such bonds, all grants, gifts, and contributions made to the director for such purpose, and all other moneys designated by him for the purpose of the acquisition and improvement of property.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 122 | Department of Development › Section 122.56 | Mortgage Guarantee Fund.

Effective:
July 14, 1983
Latest Legislation:
Senate Bill 227 - 115th General Assembly
The mortgage guarantee fund of the director of development is hereby created to consist of all grants, gifts, and contributions of moneys or rights to moneys made to the director for such fund, all moneys and rights to moneys lawfully designated for or deposited in such fund, all guarantee fees charged and collected as provided in this section, and all moneys and rights to moneys lawfully allocated by the director to such fund from the proceeds of the sale of any issue of revenue bonds. Moneys or rights to money shall be used for the guaranty of the payment of the loans made under sections 122.43 and 122.45 of the Revised Code, or for the guaranty of the payment of the rentals payable under the lease made under the authority of section 122.46 of the Revised Code, or for the guaranty of the payment of rentals payable under a lease made under authority of section 165.02 of the Revised Code, or of rentals payable under a lease made under authority of section 761.02 of the Revised Code, or a sublease made pursuant to such lease, to the extent and subject to the conditions provided in the proceedings authorizing such guaranty or the proceedings authorizing such bonds or in the trust agreement securing such bonds. The director shall fix charges for the guaranty of payment of the loans made under sections 122.43 and 122.45 of the Revised Code and for the guaranty of the payment of the rentals payable under the leases made by the authority under section 122.46 of the Revised Code. Such charges shall be payable at such times and place and in such manner as may be prescribed by the director. In the event that the principal obligation of any loan is paid in full prior to the maturity date or in the event that purchase option of any lease is exercised prior to the end of the term thereof, the director may require the payment of an adjusted charge in such amount as he determines to be equitable, and may refund from the mortgage guarantee fund such portion of charges theretofore paid as the director determines to be equal to the unearned portion thereof.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 122 | Department of Development › Section 122.561 | Mortgage Insurance Fund.

Effective:
September 28, 2012
Latest Legislation:
Senate Bill 314 - 129th General Assembly
The mortgage insurance fund of the director of development services is hereby created to consist of all money allocated by the director from the proceeds of the sale of any issue of revenue bonds, to the extent and subject to the conditions provided in the proceedings authorizing such bonds or in the trust agreements securing such bonds, for the purpose of insuring mortgage payments pursuant to section 122.451 of the Revised Code, all grants and contributions made to the director for such purpose, all moneys deposited or credited to the mortgage insurance fund pursuant to section 169.05 of the Revised Code, all other moneys and property designated by the director and by law for such purpose, all mortgage insurance premiums charged and collected as provided in this section, and all receipts and proceeds from the sale, disposal, lease, or rental of real or personal property which the director may hold as a result of a default in an insured mortgage. The director shall fix mortgage insurance premiums for the insurance of mortgage payments pursuant to section 122.451 of the Revised Code, to be computed as a percentage of the principal obligation of the mortgage outstanding at the beginning of each mortgage year. Such insurance premiums shall not be more than three per cent per annum of the outstanding principal obligation, and shall be calculated on the basis of all pertinent available data. Such premiums shall be payable by the mortgagors or the mortgagees in such manner as is prescribed by the director. The amount of premium need not be uniform among the various mortgages insured. The director may provide for the custody, investment, and use of the unclaimed funds trust fund created by section 169.05 of the Revised Code and all mortgage insurance premiums, including the payment therefrom of the expenses and costs of the director in insuring mortgage payments pursuant to section 122.451 of the Revised Code. Any financial statements or financial data submitted to the director or the controlling board in connection with any application for the insurance of mortgage payments, or any information taken from such statements or data, is not open to public inspection.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 122 | Department of Development › Section 122.57 | Distributing Income to Separate Sinking Funds.

Effective:
September 28, 2012
Latest Legislation:
Senate Bill 314 - 129th General Assembly
All payments of principal of and interest on the loans made by the director of development services, all rentals received under leases made by the director, and all proceeds of the sale or other disposition of property held by the director shall be placed in separate sinking funds to the extent provided in the proceedings authorizing revenue bonds which are hereby pledged to and charged with the payment of interest on, principal of and redemption premium on, the revenue bonds issued pursuant to sections 122.39 and 122.41 to 122.62 of the Revised Code to the extent provided in the proceedings authorizing and the trust agreements securing such bonds. The moneys therein in excess of the amounts required by the bond proceedings and trust agreements and all payments not so required to be paid into such sinking funds shall be retained or placed in such fund or in the other funds provided for by sections 122.35, 122.54, 122.42, 122.55, 122.56, 122.561, and 122.57 of the Revised Code as the director shall determine, and shall be available for the uses for which such funds are established.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 122 | Department of Development › Section 122.571 | Revenue Bond Guaranty Fund.

Effective:
July 14, 1983
Latest Legislation:
Senate Bill 227 - 115th General Assembly
In addition to the separate sinking funds created under section 122.57 of the Revised Code, there is hereby created the revenue bond guaranty fund to consist of all money allocated by the director of development to guarantee payment of interest on, principal of and redemption premium on, the revenue bonds issued by the director under Chapter 122. of the Revised Code, all grants, gifts, and contributions made to the director for such purpose, and all money and property provided by law for such purpose.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 122 | Department of Development › Section 122.58 | Investing Funds.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
Moneys in the funds established pursuant to Chapter 122. of the Revised Code, except as otherwise provided in any proceedings authorizing revenue bonds or in any trust agreement securing such bonds, in excess of current needs, may be invested in notes, bonds, or other obligations which are direct obligations of or are guaranteed by the United States, in certificates of deposit or other withdrawable accounts of banks, trust companies, and building and loan or savings and loan associations organized under the laws of the state or the United States, or in the manner provided in any agreement entered into pursuant to section 169.05 of the Revised Code.
Income from all such investments of moneys in any fund shall be credited to such funds as the director of development determines subject to the provisions of any bond issuance proceedings or trust agreement, and such investments may be sold at such time as the director shall determine, provided certificates of deposit or other withdrawable accounts may be sold only in accordance with division (B) of section 169.05 or divisions (E) and (F) of section 169.08 of the Revised Code.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 122 | Department of Development › Section 122.59 | Proceedings in Default.

Effective:
July 14, 1983
Latest Legislation:
Senate Bill 227 - 115th General Assembly
In the event of a default with respect to any loan or lease, the director of development shall take such action as he deems proper in the circumstances to enforce and protect the rights of the director, and such action as may be required by the provisions of any proceedings authorizing the revenue bonds or of any trust agreement securing such bonds, which may include any appropriate action at law or in equity, enforcement or waiver of any provision of any mortgage or security agreement or lease, or reinstatement of any forfeited or cancelled right, title, or privilege. Notwithstanding any such action, the director shall transfer from the mortgage guarantee fund created by section 122.56 of the Revised Code to the sinking fund or funds referred to in section 122.57 of the Revised Code amounts not greater than the amounts which would have been paid upon such loan or under such lease but for such default, at the time or times when such amounts would have been paid but for such defaults, to the extent provided in the proceedings authorizing and the trust agreements securing such bonds, to be held and applied as other moneys in the sinking fund, and shall make such other transfers and take such other action as shall be required of the director by any such bond issuance proceedings or trust agreement.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 122 | Department of Development › Section 122.60 | Capital Access Loan Program Definitions.

Effective:
September 30, 2021
Latest Legislation:
House Bill 110 - 134th General Assembly
As used in sections 122.60 to 122.605 of the Revised Code:
(A) "Capital access loan" means a loan made by a participating financial institution to an eligible business that may be secured by a deposit of money from the fund into the participating financial institution's program reserve account.
(B) "Eligible business" means a for-profit business entity, or a nonprofit entity, that had total annual sales in its most recently completed fiscal year of less than ten million dollars and that has a principal place of for-profit business or nonprofit entity activity within the state, the operation of which, alone or in conjunction with other facilities, will create new jobs or preserve existing jobs and employment opportunities and will improve the economic welfare of the people of the state. As used in this division, "new jobs" does not include existing jobs transferred from another facility within the state, and "existing jobs" means only existing jobs at facilities within the same municipal corporation or township in which the project, activity, or enterprise that is the subject of a capital access loan is located.
(C) "Financial institution" means any bank, trust company, savings bank, or savings and loan association that is chartered by and has a significant presence in the state, or any national bank, federal savings and loan association, or federal savings bank that has a significant presence in the state.
(D) "Fund" means the capital access loan program fund.
(E) "Minority business supplier development council" has the same meaning as in section 122.71 of the Revised Code.
(F) "Participating financial institution" means a financial institution that has a valid, current participation agreement with the department of development.
(G) "Participation agreement" means the agreement between a financial institution and the department under which a financial institution may participate in the program.
(H) "Passive real estate ownership" means the ownership of real estate for the sole purpose of deriving income from it by speculation, trade, or rental.
(I) "Program" means the capital access loan program created under section 122.602 of the Revised Code.
(J) "Program reserve account" means a dedicated account at each participating financial institution that is the property of the state and may be used by the participating financial institution only for the purpose of recovering a claim under section 122.604 of the Revised Code arising from a default on a loan made by the participating financial institution under the program.
Last updated July 30, 2021 at 10:18 AM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 122 | Department of Development › Section 122.601 | Capital Access Loan Program Fund.

Effective:
September 30, 2021
Latest Legislation:
House Bill 110 - 134th General Assembly
There is hereby created in the state treasury the capital access loan program fund. The fund shall consist of money deposited into it from the minority business enterprise loan fund pursuant to section 122.80 of the Revised Code and the facilities establishment fund pursuant to section 166.03 of the Revised Code and all money deposited into it pursuant to section 122.602 of the Revised Code. The total amount of money deposited into the fund from the minority business enterprise loan fund or the facilities establishment fund shall not exceed three million dollars during any particular fiscal year of the department of development.
The department shall disburse money from the fund only to pay the operating costs of the program, including the administrative costs incurred by the department in connection with the program, and only in keeping with the purposes specified in sections 122.60 to 122.605 of the Revised Code.
Last updated July 20, 2021 at 10:10 AM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 122 | Department of Development › Section 122.604 | Recovering Delinquent Loan Amount From Program Reserve Account.

Effective:
December 13, 2001
Latest Legislation:
House Bill 405 - 124th General Assembly
(A) If a participating financial institution determines that a portion or all of a capital access loan is uncollectible, it may submit a claim to the department of development for approval of the release of moneys from its program reserve account.
(B) The claim may include the amount of principal plus accrued interest owed. The amount of principal included in the claim may not exceed the principal amount covered by the program. The amount of accrued interest included in the claim may not exceed the accrued interest attributable to the covered principal amount.
(C) The participating financial institution shall determine the timing and amount of delinquency on a capital access loan in a manner consistent with the participating financial institution's normal method for making these determinations on similar nonprogram loans.
(D) If the participating financial institution files two or more claims at the same time or approximately the same time and there are insufficient funds in its program reserve account at that time to cover the entire amount of the claims, the participating financial institution may specify an order of priority in which the department shall approve the release of funds from the account in relation to the claims.
(E) If subsequent to the payment of a claim, a participating financial institution recovers from an eligible business any amount covered by the paid claim, the participating financial institution shall promptly deposit the amount recovered into its program reserve account, less any reasonable expenses incurred.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 122 | Department of Development › Section 122.605 | Annual Report.

Effective:
December 13, 2001
Latest Legislation:
House Bill 405 - 124th General Assembly
Each participating financial institution shall submit an annual report to the department of development on or before the thirty-first day of March of each year. The report shall include or be accompanied by all of the following:
(A) Information regarding the participating financial institution's outstanding capital access loans, its capital access loan losses, and other related matters that the department considers appropriate;
(B) A statement of the total amount of the participating financial institution's capital access loans for which the department has made disbursements from the fund under the program;
(C) A copy of the participating financial institution's most recent financial statement.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 122 | Department of Development › Section 122.61 | Tax Exemptions.

Effective:
September 28, 2012
Latest Legislation:
Senate Bill 314 - 129th General Assembly
The exercise of the powers granted by sections 122.39 and 122.41 to 122.62 of the Revised Code, will be in all respects for the benefit of the people of the state, for the increase of their commerce and prosperity, and for the improvement of conditions of employment, and will constitute the performance of essential governmental functions; therefore the director of development services shall not be required to pay any taxes upon any property or assets held by the director, or upon any property acquired or used by the director under sections 122.39 and 122.41 to 122.62 of the Revised Code, or upon the income therefrom, provided, such exemption shall not apply to any property held by the director while it is in the possession of a private person, partnership, or corporation and used for private purposes for profit. The bonds, notes, or other obligations issued under such sections, their transfer, and the income therefrom, including any profit made on the sale thereof, shall at all times be free from taxation within the state.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 122 | Department of Development › Section 122.62 | Keeping Funds in Depositories Selected by Director.

Effective:
September 28, 2012
Latest Legislation:
Senate Bill 314 - 129th General Assembly
All moneys received under sections 122.39 and 122.41 to 122.62 of the Revised Code as proceeds from the sale of bonds are trust funds. All moneys received under those sections shall be held and applied solely as provided in such sections and section 166.03 of the Revised Code. All such moneys, except as otherwise provided in any proceedings authorizing revenue bonds or in any trust agreement securing such bonds or except when deposited with the treasurer of state, or except as they may be invested pursuant to section 122.58 of the Revised Code, shall be kept in depositories as selected by the director of development services in the manner provided in sections 135.01 to 135.21 of the Revised Code, insofar as such sections are applicable, and the deposits shall be secured as provided in sections 135.01 to 135.21 of the Revised Code. The proceedings authorizing the issuance of bonds of any issue or the trust agreement securing such bonds shall provide that any official to whom, or any bank or trust company to which, such moneys are paid, shall act as trustee of such moneys and hold and apply them for the purposes of sections 122.39 and 122.41 to 122.62 of the Revised Code, subject to such rules as such sections and such bond issuance proceedings or trust agreement provide.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 122 | Department of Development › Section 122.63 | Housing Needs.

Effective:
July 1, 2005
Latest Legislation:
House Bill 431 - 125th General Assembly
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. 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 174.01 to 174.07 of the Revised Code relating to the low- and moderate-income housing trust fund.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 122 | Department of Development › Section 122.64 | Business Services Division.

Effective:
September 29, 2015
Latest Legislation:
House Bill 64 - 131st General Assembly
(A) There is hereby established in the development services agency a business services division. The division shall be supervised by a deputy director appointed by the director of development services.
The division is responsible for the administration of the state economic development financing programs established pursuant to sections 122.17 and 122.18, sections 122.39 and 122.41 to 122.62, and Chapter 166. of the Revised Code.
(B) The director of development services shall:
(1) Receive applications for assistance pursuant to sections 122.39 and 122.41 to 122.62 and Chapter 166. of the Revised Code. The director shall process the applications.
(2) With the approval of the director of administrative services, establish salary schedules for employees of the various positions of employment with the division and assign the various positions to those salary schedules;
(3) Employ and fix the compensation of financial consultants, appraisers, consulting engineers, superintendents, managers, construction and accounting experts, attorneys, and other agents for the assistance programs authorized pursuant to sections 122.17 and 122.18, sections 122.39 and 122.41 to 122.62, and Chapter 166. of the Revised Code as are necessary;
(4) Supervise the administrative operations of the division;
(5) On or before the first day of October in each year, make an annual report of the activities and operations under assistance programs authorized pursuant to sections 122.39 and 122.41 to 122.62 and Chapter 166. of the Revised Code for the preceding fiscal year to the governor and the general assembly. Each such report shall set forth a complete operating and financial statement covering such activities and operations during the year in accordance with generally accepted accounting principles and shall be audited by a certified public accountant. The director of development services shall transmit a copy of the audited financial report to the office of budget and management.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 122 | Department of Development › Section 122.641 | The Lakes in Economic Distress Revolving Loan Program.

Effective:
September 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
(A)(1) There is hereby created the lakes in economic distress revolving loan program to assist businesses and other entities that are adversely affected due to economic circumstances that result in the declaration of a lake as an area under economic distress by the director of natural resources under division (A)(2) of this section. The director of development services shall administer the program.
(2) The director of natural resources shall do both of the following:
(a) Declare a lake as an area under economic distress. The director shall declare a lake as an area under economic distress based solely on environmental or safety issues, including the closure of a dam for safety reasons.
(b) Subsequently declare a lake as an area no longer under economic distress when the environmental or safety issues, as applicable, have been resolved.
(B) There is hereby created in the state treasury the lakes in economic distress revolving loan fund. The fund shall consist of money appropriated to it, all payments of principal and interest on loans made from the fund, and all investment earnings on money in the fund. The director of development services shall use money in the fund to make loans under this section, provided that the loans shall be zero interest loans during the time that an applicable lake has been declared an area under economic distress under division (A)(2)(a) of this section.
(C) The director shall adopt rules in accordance with Chapter 119. of the Revised that do both of the following:
(1) Establish requirements and procedures for the making of loans under this section, including all of the following:
(a) Eligibility criteria;
(b) Application procedures;
(c) Criteria for approval or disapproval of loans, including a stipulation that an applicant must demonstrate that the loan will help to achieve long-term economic stability in the area;
(d) Criteria for repayment of the loans, including the establishment of an interest rate that does not exceed two points less than prime after an applicable lake has been declared as an area no longer under economic distress under division (A)(2)(b) of this section.
The eligibility criteria established by the director shall not require applicants to experience a reduction in gross revenue for a defined period of greater than ten per cent.
Any material provided to the development services agency by an applicant is not a public record for the purposes of section 149.43 of the Revised Code and shall remain confidential.
(2) Establish any other provisions necessary to administer this section.
(D) In administering the program, the director shall assist businesses and other entities in determining the amount of loans needed.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 122 | Department of Development › Section 122.6510 | Brownfields Revolving Loan Fund.

Effective:
September 13, 2018
Latest Legislation:
House Bill 292 - 132nd General Assembly
(A) As used in this section, "federal act" means the "Small Business Liability Relief and Brownfields Revitalization Act," 115 Stat. 2356 (2002), 42 U.S.C. 9601 and 9604.
(B) There is hereby created in the state treasury the Brownfields Revolving Loan Fund. The Fund shall consist of all moneys received by the state from repayments of loans made under the terms of the federal act, and any other money transferred to the Fund. The Fund may be used to make grants and loans by the Director of Development Services. All investment earnings of the Fund shall be credited to the Fund.
(C) The Director shall administer moneys received into the Fund and comply with all requirements imposed by the federal act in administering the funds.
(D) The Director may establish a schedule of fees and charges payable by loan recipients to the Director for the administration of this section.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 122 | Department of Development › Section 122.66 | Office of Community Services Definitions.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
As used in sections 122.66 to 122.702 of the Revised Code:
(A) "Poverty line" means the official poverty line established by the director of the United States office of management and budget and as revised by the secretary of health and human services in accordance with section 673(2) of the "Community Services Block Grant Act," 95 Stat. 1609, 42 U.S.C.A. 9902.
(B) "Low-income person" means a person whose adjusted gross income as defined in division (A) of section 5747.01 of the Revised Code is below the poverty line as defined in division (A) of this section.
(C) "Advocacy" means the act of pleading for, supporting, or recommending actions on behalf of low-income persons.
(D) "Community action agency" means a community-based and operated private nonprofit agency or organization that includes or is designed to include a sufficient number of projects or components to provide a range of services and activities having a measurable and potentially major impact on the causes of poverty in the community or those areas of the community where poverty is a particularly acute problem and is designated as a community action agency by the community services division pursuant to sections 122.68 and 122.69 of the Revised Code.
(E) "Community" means a city, village, county, multicity or multicounty unit, a neighborhood or other area, disregarding boundaries or political subdivisions, which provides a suitable organizational base and possesses a commonality of needs and interests for a community action program suitable to be served by a community action agency.
(F) "Service area" means the geographical area served by a community action agency.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 122 | Department of Development › Section 122.67 | Community Services Division.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
There is hereby created in the development services agency the community services division. The director of development services shall employ and fix the compensation of professional and technical unclassified personnel as necessary to carry out the provisions of sections 122.66 to 122.701 of the Revised Code.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 122 | Department of Development › Section 122.68 | Powers and Duties.

Effective:
September 29, 2015
Latest Legislation:
House Bill 64 - 131st General Assembly
The community services division shall:
(A) Administer all federal funds appropriated to the state from the "Community Services Block Grant Act," 95 Stat. 511, 42 U.S.C.A. 9901, and comply with requirements imposed by that act in its application for, and administration of, the funds;
(B) Designate community action agencies to receive community services block grant funds;
(C)(1) Subject to division (C)(2) of this section, disburse at least ninety-one per cent of the funds received in the state from the "Community Services Block Grant Act" to community action agencies that comply with the requirements of section 122.69 of the Revised Code and migrant and seasonal farm worker organizations that are not designated community action agencies but which provide the services described in division (B)(1) of section 122.69 of the Revised Code;
(2) Disburse at least four and one-half per cent of the funds received in the state from the "Community Services Block Grant Act" to one or more nonprofit organizations to which both of the following apply:
(a) The organization or organizations were incorporated under the laws of this state before January 1, 2015.
(b) The primary purpose of the organization or organizations is to provide training and technical assistance to community action agencies that comply with the requirements of section 122.69 of the Revised Code.
(D) Provide technical assistance to community action agencies to improve program planning, development, and administration;
(E) Conduct yearly performance assessments, according to criteria determined by development services agency rule, to determine whether community action agencies are in compliance with section 122.69 of the Revised Code;
(F) Annually prepare and submit to the United States secretary of health and human services, the governor, the president of the Ohio senate, and the speaker of the Ohio house of representatives, a comprehensive report that includes:
(1) Certification that all community action agencies designated to receive funds from the "Community Services Block Grant Act" are in compliance with section 122.69 of the Revised Code;
(2) A program plan for the next federal fiscal year that has been made available for public inspection and that details how community services block grant funds will be disbursed and used during that fiscal year;
(3) Information detailing how funds were expended for the current fiscal year;
(4) An audit of community services block grant expenditures for the preceding federal fiscal year that is conducted in accordance with generally accepted accounting principles by an independent auditing firm that has no connection with any community action agency receiving community services block grant funds or with any employee of the division.
(G) Serve as a statewide advocate for social and economic opportunities for low-income persons.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 122 | Department of Development › Section 122.681 | Confidentiality of Information.

Effective:
September 19, 2014
Latest Legislation:
Senate Bill 143 - 130th General Assembly
(A) Except as permitted by this section, or when required by federal law, no person or government entity shall solicit, release, disclose, receive, use, or knowingly permit or participate in the use of any information regarding an individual receiving assistance pursuant to a community services division program under sections 122.66 to 122.702 of the Revised Code for any purpose not directly related to the administration of a division assistance program.
(B) To the extent permitted by federal law, the division, and any entity that receives division funds to administer a division program to assist individuals, shall release information regarding an individual assistance recipient to the following:
(1) A government entity responsible for administering the assistance program for purposes directly related to the administration of the program;
(2) A law enforcement agency for the purpose of any investigation, prosecution, or criminal or civil proceeding relating to the administration of the assistance program;
(3) A government entity responsible for administering a children's protective services program, for the purpose of protecting children;
(4) Any appropriate person in compliance with a search warrant, subpoena, or other court order.
(C) To the extent permitted by federal law and section 1347.08 of the Revised Code, the division, and any entity administering a division program, shall provide access to information regarding an individual assistance recipient to all of the following:
(1) The individual assistance recipient;
(2) The authorized representative of the individual assistance recipient;
(3) The legal guardian of the individual assistance recipient;
(4) The attorney of the individual assistance recipient.
(D) To the extent permitted by federal law, the division, and any entity administering a division program, may do either of the following:
(1) Release information about an individual assistance recipient if the recipient gives voluntary, written authorization;
(2) Release information regarding an individual assistance recipient to a state, federal, or federally assisted program that provides cash or in-kind assistance or services directly to individuals based on need.
(E) The community services division, or an entity administering a division program, shall provide, at no cost, a copy of each written authorization to the individual who signed it.
(F) The development services agency may adopt rules defining who may serve as an individual assistance recipient's authorized representative for purposes of division (C)(2) of this section.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 122 | Department of Development › Section 122.70 | Board of Directors of Community Action Agency - Powers and Duties.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
The board of directors of a community action agency shall:
(A) Select, appoint, and may remove the executive director of the community action agency;
(B) Approve contracts, annual program budgets, and policies of the community action agency;
(C) Advise the elected officials of any political subdivision located within its service area, and state and federal elected officials who represent its service area, of the nature and extent of poverty within its community, and advise them of any needed changes;
(D) Convene public meetings to provide community members the opportunity to comment on public policies and programs to reduce poverty;
(E) Annually evaluate the policies and programs of the community action agency according to criteria determined by development services agency rule;
(F) Submit the results of the evaluation required by division (E) of this section, along with recommendations for improved administration of the community action agency, to the community services division;
(G) Adopt a code of ethics for the board of directors and the employees of the community action agency;
(H) Adopt written policies describing all of the following:
(1) How the community action agency is to expend and distribute the community services block grant funds that it receives from the division under sections 122.68 and 122.69 of the Revised Code;
(2) The salary, benefits, travel expenses, and any other compensation that persons are to receive for serving on the community action agency's board of directors;
(3) The operating procedures to be used by the board to conduct its meetings, to vote on all official business it considers, and to provide notice of its meetings.
(I) Provide for the posting of notices in a conspicuous place indicating that the code of ethics described in division (G) of this section and the policies described in division (H) of this section are available for public inspection at the community action agency during normal business hours.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 122 | Department of Development › Section 122.701 | Designating New or Rescinding Former Designation.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
(A) Prior to designating a new community action agency or rescinding a community action agency's designation, the community services division shall:
(1) Determine whether a community action agency is in compliance with section 122.69 of the Revised Code;
(2) Consult with the chief elected officials of political subdivisions located within a community action agency's service area, and, in designating a new community action agency, obtain their endorsement of the agency in accordance with division (A) of section 122.69 of the Revised Code;
(3) Hold at least one public meeting within a community action agency's service area for the purpose of allowing citizens to comment on the community action agency's delivery of services;
(4) Evaluate the proposed service area of the community action agency, and, as may be necessary, modify the boundaries of the service area so that low-income persons in the area are adequately and efficiently served.
(B) After providing notice and hearing pursuant to sections 119.01 to 119.13 of the Revised Code, the director of development services:
(1) May rescind the designation of a community action agency after finding that the agency is not in compliance with any or all of the provisions of section 122.69 of the Revised Code;
(2) Shall rescind the designation of a community action agency upon notification from the chief elected officials of more than one-half of the municipal corporations and the counties within a community currently served by a community action agency that such agency is not endorsed by them and after finding that the agency is not in compliance with section 122.69 of the Revised Code.
Any agency whose designation is rescinded pursuant to this section may appeal from an order rescinding such designation pursuant to section 119.12 of the Revised Code.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 122 | Department of Development › Section 122.702 | Hearings on Use of Community Services Block Grant Funds.

Effective:
October 8, 1984
Latest Legislation:
House Bill 412 - 115th General Assembly
The general assembly shall conduct public hearings each year on the proposed use and distribution of community services block grant funds, as required by section 675(b) of the "Community Services Block Grant Act," 95 Stat. 1609, 42 U.S.C.A. 9904.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 122 | Department of Development › Section 122.73 | Powers and Duties.

Effective:
September 30, 2021
Latest Legislation:
House Bill 110 - 134th General Assembly
(A) The minority development financing advisory board and the director of development are invested with the powers and duties provided in sections 122.71 to 122.83 and 122.87 to 122.89 of the Revised Code, in order to promote the welfare of the people of the state by encouraging the establishment and expansion of minority business enterprises; to stabilize the economy; to provide employment; to assist in the development within the state of industrial, commercial, distribution, and research activities required for the people of the state, and for their gainful employment; or otherwise to create or preserve jobs and employment opportunities, or improve the economic welfare of the people of the state. It is hereby determined that the accomplishment of those purposes is essential so that the people of the state may maintain their present high standards of living in comparison with the people of other states and so that opportunities for employment and for favorable markets for the products of the state's natural resources, agriculture, and manufacturing shall be improved. It further is determined that it is necessary for the state to establish the programs authorized under sections 122.71 to 122.83 and 122.87 to 122.89 of the Revised Code to establish the minority development financing advisory board, and to invest it and the director of development with the powers and duties provided in those sections.
(B) The minority development financing advisory board shall do all of the following:
(1) Make recommendations to the director as to applications for assistance pursuant to sections 122.71 to 122.83 and 122.87 to 122.89 of the Revised Code. The board may revise its recommendations to reflect any changes in the proposed assistance made by the director.
(2) Advise the director in the administration of sections 122.71 to 122.83 and 122.87 to 122.89 of the Revised Code.
(3) Adopt bylaws to govern the conduct of the business of the board.
Last updated July 20, 2021 at 10:11 AM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 122 | Department of Development › Section 122.751 | Certifying Loan Applicants.

Effective:
September 30, 2021
Latest Legislation:
House Bill 110 - 134th General Assembly
The minority development financing advisory board or a regional economic development entity shall only consider an application for a loan from any applicant after a determination that the applicant is a community development corporation, or after a certification by the director of development under division (B)(1) of section 122.921 of the Revised Code that the applicant is a minority business enterprise, or after a certification by the minority business supplier development council that the applicant is a minority business, and that the applicant satisfies all criteria regarding eligibility for assistance pursuant to section 122.76 of the Revised Code.
Last updated July 20, 2021 at 10:11 AM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 122 | Department of Development › Section 122.78 | Terms, Conditions, and Provisions of Loans and Guarantees.

Effective:
September 30, 2021
Latest Legislation:
House Bill 110 - 134th General Assembly
Fees, charges, rates of interest, times of payment of interest and principal, and other terms, conditions, and provisions of the loans and guarantees made by the director of development pursuant to sections 122.71 to 122.83 and 122.87 to 122.90 of the Revised Code shall be such as the director determines to be appropriate and in furtherance of the purpose for which the loans and guarantees are made, but the mortgage lien securing any money loaned or guaranteed by the director may be subordinate to the mortgage lien securing any money loaned or invested by a financial institution, but shall be superior to that securing any money loaned or expended by any other corporation or person. The funds used in making these loans or guarantees shall be disbursed upon order of the director.
Last updated August 4, 2021 at 10:34 AM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 122 | Department of Development › Section 122.79 | Tax Exemptions.

Effective:
September 30, 2021
Latest Legislation:
House Bill 110 - 134th General Assembly
The exercise of the powers granted by sections 122.71 to 122.83 and 122.87 to 122.90 of the Revised Code, will be in all respects for the benefit of the people of the state, for the increase of their commerce and prosperity, for the increase and expansion of minority business enterprises, and for the improvement of conditions of employment, and will constitute the performance of essential governmental functions; therefore, the director of development shall not be required to pay any taxes upon any property or assets held by the director, or upon any property acquired or used by the director under sections 122.71 to 122.83 and 122.87 to 122.90 of the Revised Code, or upon the income from it, provided that this exemption shall not apply to any property held by the director while it is in the possession of a private person, partnership, or corporation and used for private purposes for profit, in which case such tax liability shall accrue to the private person, partnership, or corporation.
Last updated August 4, 2021 at 10:36 AM