As Passed by the House

129th General Assembly Regular Session 2011-2012

Am. Sub. H. B. No. 1

Representative Duffey 

Cosponsors: Representatives Mecklenborg, Adams, J., Combs, Dovilla, Grossman, Huffman, Stebelton, Hollington, McGregor, Gardner, Beck, Hall, McClain, Anielski, Balderson, Slaby, Amstutz, Adams, R., Sears, Baker, Blair, Blessing, Boose, Brenner, Bubp, Buchy, Damschroder, Derickson, Gonzales, Goodwin, Hackett, Henne, Maag, Martin, Rosenberger, Ruhl, Stautberg, Thompson, Uecker, Wachtmann 

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A BILL

To amend sections 1.60, 102.01, 117.01, 121.01,

1

121.22, 121.41, 121.60, 122.011, 124.01, 145.012,

2

149.011, 2921.01, and 4117.01 and to enact

3

sections 187.01 to 187.07 of the Revised Code to

4

authorize the Governor to form a nonprofit

5

corporation that would perform such state economic

6

development functions as directed by law and

7

pursuant to a contract with the Department of

8

Development, and to make an appropriation.

9

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

Section 1.  That sections 1.60, 102.01, 117.01, 121.01,	10
121.22, 121.41, 121.60, 122.011, 124.01, 145.012, 149.011,	11
2921.01, and 4117.01 be amended and sections 187.01, 187.02,	12
187.03, 187.04, 187.05, 187.06, and 187.07 of the Revised Code be	13
enacted to read as follows:	14

Sec. 1.60.  As used in Title I of the Revised Code, "state	15
agency," except as otherwise provided in the title, means every	16
organized body, office, or agency established by the laws of the	17
state for the exercise of any function of state government. "State	18
agency" does not include the nonprofit corporation formed under	19
section 187.01 of the Revised Code.	20

Sec. 102.01.  As used in this chapter:

21

(A) "Compensation" means money, thing of value, or financial	22
benefit. "Compensation" does not include reimbursement for actual	23
and necessary expenses incurred in the performance of official	24
duties.	25

(B) "Public official or employee" means any person who is	26
elected or appointed to an office or is an employee of any public	27
agency. "Public official or employee" does not include a person	28
elected or appointed to the office of precinct, ward, or district	29
committee member under section 3517.03 of the Revised Code, any	30
presidential elector, or any delegate to a national convention.	31
"Public official or employee" does not include a person who is a	32
teacher, instructor, professor, or other kind of educator whose	33
position does not involve the performance of, or authority to	34
perform, administrative or supervisory functions.	35

(C) "Public agency" means the general assembly, all courts,	36
any department, division, institution, board, commission,	37
authority, bureau or other instrumentality of the state, a county,	38
city, village, or township, the five state retirement systems, or	39
any other governmental entity. "Public agency" does not include a	40
department, division, institution, board, commission, authority,	41
or other instrumentality of the state or a county, municipal	42
corporation, township, or other governmental entity that functions	43
exclusively for cultural, educational, historical, humanitarian,	44
advisory, or research purposes; that does not expend more than ten	45
thousand dollars per calendar year, excluding salaries and wages	46
of employees; and whose members are uncompensated. "Public agency"	47
does not include the nonprofit corporation formed under section	48
187.01 of the Revised Code.	49

(D) "Immediate family" means a spouse residing in the	50
person's household and any dependent child.	51

(E) "Income" includes gross income as defined and used in the	52
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as	53
amended, interest and dividends on obligations or securities of	54
any state or of any political subdivision or authority of any	55
state or political subdivision, and interest or dividends on	56
obligations of any authority, commission, or instrumentality of	57
the United States.	58

(F) Except as otherwise provided in division (A) of section	59
102.08 of the Revised Code, "appropriate ethics commission" means:	60

(1) For matters relating to members of the general assembly,	61
employees of the general assembly, employees of the legislative	62
service commission, and candidates for the office of member of the	63
general assembly, the joint legislative ethics committee;	64

(2) For matters relating to judicial officers and employees,	65
and candidates for judicial office, the board of commissioners on	66
grievances and discipline of the supreme court;	67

(3) For matters relating to all other persons, the Ohio	68
ethics commission.	69

(G) "Anything of value" has the same meaning as provided in	70
section 1.03 of the Revised Code and includes, but is not limited	71
to, a contribution as defined in section 3517.01 of the Revised	72
Code.	73

(H) "Honorarium" means any payment made in consideration for	74
any speech given, article published, or attendance at any public	75
or private conference, convention, meeting, social event, meal, or	76
similar gathering. "Honorarium" does not include ceremonial gifts	77
or awards that have insignificant monetary value; unsolicited	78
gifts of nominal value or trivial items of informational value; or	79
earned income from any person, other than a legislative agent, for	80
personal services that are customarily provided in connection with	81
the practice of a bona fide business, if that business initially	82
began before the public official or employee conducting that	83
business was elected or appointed to the public official's or	84
employee's office or position of employment.	85

(I) "Employer" means any person who, directly or indirectly,	86
engages an executive agency lobbyist or legislative agent.	87

(J) "Executive agency decision," "executive agency lobbyist,"	88
and "executive agency lobbying activity" have the same meanings as	89
in section 121.60 of the Revised Code.	90

(K) "Legislation," "legislative agent," "financial	91
transaction," and "actively advocate" have the same meanings as in	92
section 101.70 of the Revised Code.	93

(L) "Expenditure" has the same meaning as in section 101.70	94
of the Revised Code when used in relation to activities of a	95
legislative agent, and the same meaning as in section 121.60 of	96
the Revised Code when used in relation to activities of an	97
executive agency lobbyist.	98

Sec. 117.01.  As used in this chapter:

99

(A) "Color of office" means actually, purportedly, or	100
allegedly done under any law, ordinance, resolution, order, or	101
other pretension to official right, power, or authority.	102

(B) "Public accountant" means any person who is authorized by	103
Chapter 4701. of the Revised Code to use the designation of	104
certified public accountant or who was registered prior to January	105
1, 1971, as a public accountant.	106

(C) "Public money" means any money received, collected by, or	107
due a public official under color of office, as well as any money	108
collected by any individual on behalf of a public office or as a	109
purported representative or agent of the public office.	110

(D) "Public office" means any state agency, public	111
institution, political subdivision, other organized body, office,	112
agency, institution, or entity established by the laws of this	113
state for the exercise of any function of government. "Public	114
office" does not include the nonprofit corporation formed under	115
section 187.01 of the Revised Code.	116

(E) "Public official" means any officer, employee, or duly	117
authorized representative or agent of a public office.	118

(F) "State agency" means every organized body, office,	119
agency, institution, or other entity established by the laws of	120
the state for the exercise of any function of state government.	121

(G) "Audit" means any of the following:

122

(1) Any examination, analysis, or inspection of the state's	123
or a public office's financial statements or reports;	124

(2) Any examination, analysis, or inspection of records,	125
documents, books, or any other evidence relating to either of the	126
following:	127

(a) The collection, receipt, accounting, use, or expenditure	128
of public money by a public office or by a private institution,	129
association, board, or corporation;	130

(b) The determination by the auditor of state, as required by	131
section 117.11 of the Revised Code, of whether a public office has	132
complied with all the laws, rules, ordinances, or orders	133
pertaining to the public office.	134

(3) Any other type of examination, analysis, or inspection of	135
a public office or of a private institution, association, board,	136
or corporation receiving public money that is conducted according	137
to generally accepted or governmental auditing standards	138
established by rule pursuant to section 117.19 of the Revised	139
Code.	140

Sec. 121.01.  As used in sections 121.01 to 121.20 of the	141
Revised Code:	142

(A) "Department" means the several departments of state	143
administration enumerated in section 121.02 of the Revised Code.	144

(B) "Division" means a part of a department established as	145
provided in section 121.07 of the Revised Code for the convenient	146
performance of one or more of the functions committed to a	147
department.	148

(C) "Departments, offices, and institutions" include every	149
organized body, office, and agency established by the constitution	150
and laws of the state for the exercise of any function of the	151
state government, and every institution or organization which	152
receives any support from the state. "Departments, offices, and	153
institutions" does not include the nonprofit corporation formed	154
under section 187.01 of the Revised Code.	155

Sec. 121.22.  (A) This section shall be liberally construed	156
to require public officials to take official action and to conduct	157
all deliberations upon official business only in open meetings	158
unless the subject matter is specifically excepted by law.	159

(B) As used in this section:

160

(1) "Public body" means any of the following:

161

(a) Any board, commission, committee, council, or similar	162
decision-making body of a state agency, institution, or authority,	163
and any legislative authority or board, commission, committee,	164
council, agency, authority, or similar decision-making body of any	165
county, township, municipal corporation, school district, or other	166
political subdivision or local public institution;	167

(b) Any committee or subcommittee of a body described in	168
division (B)(1)(a) of this section;	169

(c) A court of jurisdiction of a sanitary district organized	170
wholly for the purpose of providing a water supply for domestic,	171
municipal, and public use when meeting for the purpose of the	172
appointment, removal, or reappointment of a member of the board of	173
directors of such a district pursuant to section 6115.10 of the	174
Revised Code, if applicable, or for any other matter related to	175
such a district other than litigation involving the district. As	176
used in division (B)(1)(c) of this section, "court of	177
jurisdiction" has the same meaning as "court" in section 6115.01	178
of the Revised Code.	179

(2) "Meeting" means any prearranged discussion of the public	180
business of the public body by a majority of its members.	181

(3) "Regulated individual" means either of the following:

182

(a) A student in a state or local public educational	183
institution;	184

(b) A person who is, voluntarily or involuntarily, an inmate,	185
patient, or resident of a state or local institution because of	186
criminal behavior, mental illness or retardation, disease,	187
disability, age, or other condition requiring custodial care.	188

(4) "Public office" has the same meaning as in section	189
149.011 of the Revised Code.	190

(C) All meetings of any public body are declared to be public	191
meetings open to the public at all times. A member of a public	192
body shall be present in person at a meeting open to the public to	193
be considered present or to vote at the meeting and for purposes	194
of determining whether a quorum is present at the meeting.	195

The minutes of a regular or special meeting of any public	196
body shall be promptly prepared, filed, and maintained and shall	197
be open to public inspection. The minutes need only reflect the	198
general subject matter of discussions in executive sessions	199
authorized under division (G) or (J) of this section.	200

(D) This section does not apply to any of the following:

201

(1) A grand jury;

202

(2) An audit conference conducted by the auditor of state or	203
independent certified public accountants with officials of the	204
public office that is the subject of the audit;	205

(3) The adult parole authority when its hearings are	206
conducted at a correctional institution for the sole purpose of	207
interviewing inmates to determine parole or pardon;	208

(4) The organized crime investigations commission established	209
under section 177.01 of the Revised Code;	210

(5) Meetings of a child fatality review board established	211
under section 307.621 of the Revised Code and meetings conducted	212
pursuant to sections 5153.171 to 5153.173 of the Revised Code;	213

(6) The state medical board when determining whether to	214
suspend a certificate without a prior hearing pursuant to division	215
(G) of either section 4730.25 or 4731.22 of the Revised Code;	216

(7) The board of nursing when determining whether to suspend	217
a license or certificate without a prior hearing pursuant to	218
division (B) of section 4723.281 of the Revised Code;	219

(8) The state board of pharmacy when determining whether to	220
suspend a license without a prior hearing pursuant to division (D)	221
of section 4729.16 of the Revised Code;	222

(9) The state chiropractic board when determining whether to	223
suspend a license without a hearing pursuant to section 4734.37 of	224
the Revised Code.;	225

(10) The executive committee of the emergency response	226
commission when determining whether to issue an enforcement order	227
or request that a civil action, civil penalty action, or criminal	228
action be brought to enforce Chapter 3750. of the Revised Code;	229

(11) The board of directors of the nonprofit corporation	230
formed under section 187.01 of the Revised Code or any committee	231
thereof, and the board of directors of any subsidiary of that	232
corporation or a committee thereof.	233

(E) The controlling board, the development financing advisory	234
council, the industrial technology and enterprise advisory	235
council, the tax credit authority, or the minority development	236
financing advisory board, when meeting to consider granting	237
assistance pursuant to Chapter 122. or 166. of the Revised Code,	238
in order to protect the interest of the applicant or the possible	239
investment of public funds, by unanimous vote of all board,	240
council, or authority members present, may close the meeting	241
during consideration of the following information confidentially	242
received by the authority, council, or board from the applicant:	243

(1) Marketing plans;

244

(2) Specific business strategy;

245

(3) Production techniques and trade secrets;

246

(4) Financial projections;

247

(5) Personal financial statements of the applicant or members	248
of the applicant's immediate family, including, but not limited	249
to, tax records or other similar information not open to public	250
inspection.	251

The vote by the authority, council, or board to accept or	252
reject the application, as well as all proceedings of the	253
authority, council, or board not subject to this division, shall	254
be open to the public and governed by this section.	255

(F) Every public body, by rule, shall establish a reasonable	256
method whereby any person may determine the time and place of all	257
regularly scheduled meetings and the time, place, and purpose of	258
all special meetings. A public body shall not hold a special	259
meeting unless it gives at least twenty-four hours' advance notice	260
to the news media that have requested notification, except in the	261
event of an emergency requiring immediate official action. In the	262
event of an emergency, the member or members calling the meeting	263
shall notify the news media that have requested notification	264
immediately of the time, place, and purpose of the meeting.	265

The rule shall provide that any person, upon request and	266
payment of a reasonable fee, may obtain reasonable advance	267
notification of all meetings at which any specific type of public	268
business is to be discussed. Provisions for advance notification	269
may include, but are not limited to, mailing the agenda of	270
meetings to all subscribers on a mailing list or mailing notices	271
in self-addressed, stamped envelopes provided by the person.	272

(G) Except as provided in division (J) of this section, the	273
members of a public body may hold an executive session only after	274
a majority of a quorum of the public body determines, by a roll	275
call vote, to hold an executive session and only at a regular or	276
special meeting for the sole purpose of the consideration of any	277
of the following matters:	278

(1) To consider the appointment, employment, dismissal,	279
discipline, promotion, demotion, or compensation of a public	280
employee or official, or the investigation of charges or	281
complaints against a public employee, official, licensee, or	282
regulated individual, unless the public employee, official,	283
licensee, or regulated individual requests a public hearing.	284
Except as otherwise provided by law, no public body shall hold an	285
executive session for the discipline of an elected official for	286
conduct related to the performance of the elected official's	287
official duties or for the elected official's removal from office.	288
If a public body holds an executive session pursuant to division	289
(G)(1) of this section, the motion and vote to hold that executive	290
session shall state which one or more of the approved purposes	291
listed in division (G)(1) of this section are the purposes for	292
which the executive session is to be held, but need not include	293
the name of any person to be considered at the meeting.	294

(2) To consider the purchase of property for public purposes,	295
or for the sale of property at competitive bidding, if premature	296
disclosure of information would give an unfair competitive or	297
bargaining advantage to a person whose personal, private interest	298
is adverse to the general public interest. No member of a public	299
body shall use division (G)(2) of this section as a subterfuge for	300
providing covert information to prospective buyers or sellers. A	301
purchase or sale of public property is void if the seller or buyer	302
of the public property has received covert information from a	303
member of a public body that has not been disclosed to the general	304
public in sufficient time for other prospective buyers and sellers	305
to prepare and submit offers.	306

If the minutes of the public body show that all meetings and	307
deliberations of the public body have been conducted in compliance	308
with this section, any instrument executed by the public body	309
purporting to convey, lease, or otherwise dispose of any right,	310
title, or interest in any public property shall be conclusively	311
presumed to have been executed in compliance with this section	312
insofar as title or other interest of any bona fide purchasers,	313
lessees, or transferees of the property is concerned.	314

(3) Conferences with an attorney for the public body	315
concerning disputes involving the public body that are the subject	316
of pending or imminent court action;	317

(4) Preparing for, conducting, or reviewing negotiations or	318
bargaining sessions with public employees concerning their	319
compensation or other terms and conditions of their employment;	320

(5) Matters required to be kept confidential by federal law	321
or regulations or state statutes;	322

(6) Details relative to the security arrangements and	323
emergency response protocols for a public body or a public office,	324
if disclosure of the matters discussed could reasonably be	325
expected to jeopardize the security of the public body or public	326
office;	327

(7) In the case of a county hospital operated pursuant to	328
Chapter 339. of the Revised Code, a joint township hospital	329
operated pursuant to Chapter 513. of the Revised Code, or a	330
municipal hospital operated pursuant to Chapter 749. of the	331
Revised Code, to consider trade secrets, as defined in section	332
1333.61 of the Revised Code.	333

If a public body holds an executive session to consider any	334
of the matters listed in divisions (G)(2) to (7) of this section,	335
the motion and vote to hold that executive session shall state	336
which one or more of the approved matters listed in those	337
divisions are to be considered at the executive session.	338

A public body specified in division (B)(1)(c) of this section	339
shall not hold an executive session when meeting for the purposes	340
specified in that division.	341

(H) A resolution, rule, or formal action of any kind is	342
invalid unless adopted in an open meeting of the public body. A	343
resolution, rule, or formal action adopted in an open meeting that	344
results from deliberations in a meeting not open to the public is	345
invalid unless the deliberations were for a purpose specifically	346
authorized in division (G) or (J) of this section and conducted at	347
an executive session held in compliance with this section. A	348
resolution, rule, or formal action adopted in an open meeting is	349
invalid if the public body that adopted the resolution, rule, or	350
formal action violated division (F) of this section.	351

(I)(1) Any person may bring an action to enforce this	352
section. An action under division (I)(1) of this section shall be	353
brought within two years after the date of the alleged violation	354
or threatened violation. Upon proof of a violation or threatened	355
violation of this section in an action brought by any person, the	356
court of common pleas shall issue an injunction to compel the	357
members of the public body to comply with its provisions.	358

(2)(a) If the court of common pleas issues an injunction	359
pursuant to division (I)(1) of this section, the court shall order	360
the public body that it enjoins to pay a civil forfeiture of five	361
hundred dollars to the party that sought the injunction and shall	362
award to that party all court costs and, subject to reduction as	363
described in division (I)(2) of this section, reasonable	364
attorney's fees. The court, in its discretion, may reduce an award	365
of attorney's fees to the party that sought the injunction or not	366
award attorney's fees to that party if the court determines both	367
of the following:	368

(i) That, based on the ordinary application of statutory law	369
and case law as it existed at the time of violation or threatened	370
violation that was the basis of the injunction, a well-informed	371
public body reasonably would believe that the public body was not	372
violating or threatening to violate this section;	373

(ii) That a well-informed public body reasonably would	374
believe that the conduct or threatened conduct that was the basis	375
of the injunction would serve the public policy that underlies the	376
authority that is asserted as permitting that conduct or	377
threatened conduct.	378

(b) If the court of common pleas does not issue an injunction	379
pursuant to division (I)(1) of this section and the court	380
determines at that time that the bringing of the action was	381
frivolous conduct, as defined in division (A) of section 2323.51	382
of the Revised Code, the court shall award to the public body all	383
court costs and reasonable attorney's fees, as determined by the	384
court.	385

(3) Irreparable harm and prejudice to the party that sought	386
the injunction shall be conclusively and irrebuttably presumed	387
upon proof of a violation or threatened violation of this section.	388

(4) A member of a public body who knowingly violates an	389
injunction issued pursuant to division (I)(1) of this section may	390
be removed from office by an action brought in the court of common	391
pleas for that purpose by the prosecuting attorney or the attorney	392
general.	393

(J)(1) Pursuant to division (C) of section 5901.09 of the	394
Revised Code, a veterans service commission shall hold an	395
executive session for one or more of the following purposes unless	396
an applicant requests a public hearing:	397

(a) Interviewing an applicant for financial assistance under	398
sections 5901.01 to 5901.15 of the Revised Code;	399

(b) Discussing applications, statements, and other documents	400
described in division (B) of section 5901.09 of the Revised Code;	401

(c) Reviewing matters relating to an applicant's request for	402
financial assistance under sections 5901.01 to 5901.15 of the	403
Revised Code.	404

(2) A veterans service commission shall not exclude an	405
applicant for, recipient of, or former recipient of financial	406
assistance under sections 5901.01 to 5901.15 of the Revised Code,	407
and shall not exclude representatives selected by the applicant,	408
recipient, or former recipient, from a meeting that the commission	409
conducts as an executive session that pertains to the applicant's,	410
recipient's, or former recipient's application for financial	411
assistance.	412

(3) A veterans service commission shall vote on the grant or	413
denial of financial assistance under sections 5901.01 to 5901.15	414
of the Revised Code only in an open meeting of the commission. The	415
minutes of the meeting shall indicate the name, address, and	416
occupation of the applicant, whether the assistance was granted or	417
denied, the amount of the assistance if assistance is granted, and	418
the votes for and against the granting of assistance.	419

Sec. 121.41.  As used in sections 121.41 to 121.50 of the	420
Revised Code:	421

(A) "Appropriate ethics commission" has the same meaning as	422
in section 102.01 of the Revised Code.	423

(B) "Appropriate licensing agency" means a public or private	424
entity that is responsible for licensing, certifying, or	425
registering persons who are engaged in a particular vocation.	426

(C) "Person" has the same meaning as in section 1.59 of the	427
Revised Code and also includes any officer or employee of the	428
state or any political subdivision of the state.	429

(D) "State agency" has the same meaning as in section 1.60 of	430
the Revised Code and includes the Ohio casino control commission,	431
but does not include any of the following:	432

(1) The general assembly;

433

(2) Any court;

434

(3) The secretary of state, auditor of state, treasurer of	435
state, or attorney general and their respective offices.	436

(E) "State employee" means any person who is an employee of a	437
state agency, or any person who does business with the state	438
including, only for the purposes of sections 121.41 to 121.50 of	439
the Revised Code, the JobsOhio corporation formed under section	440
187.01 of the Revised Code.	441

(F) "State officer" means any person who is elected or	442
appointed to a public office in a state agency.	443

(G) "Wrongful act or omission" means an act or omission,	444
committed in the course of office holding or employment, that is	445
not in accordance with the requirements of law or such standards	446
of proper governmental conduct as are commonly accepted in the	447
community and thereby subverts, or tends to subvert, the process	448
of government.	449

Sec. 121.60.  As used in sections 121.60 to 121.69 of the	450
Revised Code:	451

(A) "Person" and "compensation" have the same meanings as in	452
section 101.70 of the Revised Code.	453

(B) "Expenditure" means any of the following that is made to,	454
at the request of, for the benefit of, or on behalf of an elected	455
executive official, the director of a department created under	456
section 121.02 of the Revised Code, an executive agency official,	457
or a member of the staff of any public officer or employee listed	458
in this division:	459

(1) A payment, distribution, loan, advance, deposit,	460
reimbursement, or gift of money, real estate, or anything of	461
value, including, but not limited to, food and beverages,	462
entertainment, lodging, transportation, or honorariums;	463

(2) A contract, promise, or agreement to make an expenditure,	464
whether or not legally enforceable;	465

(3) The purchase, sale, or gift of services or any other	466
thing of value. "Expenditure" does not include a contribution,	467
gift, or grant to a foundation or other charitable organization	468
that is exempt from federal income taxation under subsection	469
501(c)(3) of the Internal Revenue Code. "Expenditure" does not	470
include the purchase, sale, or gift of services or any other thing	471
of value that is available to the general public on the same terms	472
as it is available to the persons listed in this division, or an	473
offer or sale of securities to any person listed in this division	474
that is governed by regulation D, 17 C.F.R. 230.501 to 230.508,	475
adopted under the authority of the "Securities Act of 1933," 48	476
Stat. 74, 15 U.S.C.A. and following, or that is governed by a	477
comparable provision under state law.	478

(C) "Employer" means any person who, directly or indirectly,	479
engages an executive agency lobbyist.	480

(D) "Engage" means to make any arrangement, and "engagement"	481
means arrangement, whereby an individual is employed or retained	482
for compensation to act for or on behalf of an employer to	483
influence executive agency decisions or to conduct any executive	484
agency lobbying activity.	485

(E) "Financial transaction" means a transaction or activity	486
that is conducted or undertaken for profit and arises from the	487
joint ownership or the ownership or part ownership in common of	488
any real or personal property or any commercial or business	489
enterprise of whatever form or nature between the following:	490

(1) An executive agency lobbyist, the executive agency	491
lobbyist's employer, or a member of the immediate family of the	492
executive agency lobbyist or the executive agency lobbyist's	493
employer; and	494

(2) Any elected executive official, the director of a	495
department created under section 121.02 of the Revised Code, an	496
executive agency official, or any member of the staff of a public	497
officer or employee listed in division (E)(2) of this section.	498

"Financial transaction" does not include any transaction or	499
activity described in division (E) of this section if it is	500
available to the general public on the same terms, or if it is an	501
offer or sale of securities to any person listed in division	502
(E)(2) of this section that is governed by regulation D, 17 C.F.R.	503
230.501 to 230.508, adopted under the authority of the "Securities	504
Act of 1933," 48 Stat. 74, 15 U.S.C.A. and following, or that is	505
governed by a comparable provision under state law.	506

(F) "Executive agency" means the office of an elected	507
executive official, a department created under section 121.02 of	508
the Revised Code, or any other state agency, department, board, or	509
commission controlled or directed by an elected executive official	510
or otherwise subject to an elected executive official's authority.	511
For the purposes of sections 121.60 to 121.69 of the Revised Code	512
only, "executive agency" includes the nonprofit corporation formed	513
under section 187.01 of the Revised Code. "Executive agency" does	514
not include any court, the general assembly, or the controlling	515
board.	516

(G) "Executive agency decision" means a decision of an	517
executive agency regarding the expenditure of funds of the state	518
or of an executive agency with respect to the award of a contract,	519
grant, lease, or other financial arrangement under which such	520
funds are distributed or allocated, or a regulatory decision of an	521
executive agency or any board or commission of the state.	522
"Executive agency decision" does not include either of the	523
following:	524

(1) A purchasing decision for which a vendor has filed a	525
statement certifying that the vendor has not made campaign	526
contributions in an amount such that section 3517.13 of the	527
Revised Code would invalidate the decision, if that vendor has not	528
engaged an executive agency lobbyist;	529

(2) The award of a competitively bid contract for which bid	530
specifications were prepared and for which at least three eligible	531
competitive bids were received by the executive agency.	532

(H) "Executive agency lobbyist" means any person engaged to	533
influence executive agency decisions or to conduct executive	534
agency lobbying activity as one of the person's main purposes on a	535
regular and substantial basis. "Executive agency lobbyist" does	536
not include an elected or appointed officer or employee of a	537
federal or state agency, state college, state university, or	538
political subdivision who attempts to influence or affect	539
executive agency decisions in a fiduciary capacity as a	540
representative of the officer's or employee's agency, college,	541
university, or political subdivision.	542

(I) "Executive agency lobbying activity" means contacts made	543
to promote, oppose, or otherwise influence the outcome of an	544
executive agency decision by direct communication with an elected	545
executive official, the director of any department listed in	546
section 121.02 of the Revised Code, any executive agency official,	547
a member of the staff of any public officer or employee listed in	548
this division,any person described in division (E)(2) of this	549
section, or the Ohio casino control commission. "Lobbying	550
activity" does not include any of the following:	551

(1) The action of any person having a direct interest in	552
executive agency decisions who, under Section 3 of Article I, Ohio	553
Constitution, assembles together with other persons to consult for	554
their common good, instructs a person listed in the first	555
paragraph of division (I) of this section, or petitions such a	556
person for the redress of grievances;	557

(2) Contacts made for the sole purpose of gathering	558
information contained in a public record;	559

(3) Appearances before an executive agency to give testimony.

560

(J) "Executive agency official" means an officer or employee	561
of an executive agency whose principal duties are to formulate	562
policy or to participate directly or indirectly in the	563
preparation, review, or award of contracts, grants, leases, or	564
other financial arrangements with an executive agency.	565

(K) "Aggrieved party" means a party entitled to resort to a	566
remedy.	567

(L) "Elected executive official" means the governor,	568
lieutenant governor, secretary of state, auditor of state,	569
treasurer of state, and the attorney general.	570

(M) "Staff" means any officer or employee of an executive	571
agency whose official duties are to formulate policy and who	572
exercises administrative or supervisory authority or who	573
authorizes the expenditure of state funds.	574

Sec. 122.011.  (A) The department of development shall	575
develop and promote plans and programs designed to assure that	576
state resources are efficiently used, economic growth is properly	577
balanced, community growth is developed in an orderly manner, and	578
local governments are coordinated with each other and the state,	579
and for such purposes may do all of the following:	580

(1) Serve as a clearinghouse for information, data, and other	581
materials that may be helpful or necessary to persons or local	582
governments, as provided in section 122.07 of the Revised Code;	583

(2) Prepare and activate plans for the retention,	584
development, expansion, and use of the resources and commerce of	585
the state, as provided in section 122.04 of the Revised Code;	586

(3) Assist and cooperate with federal, state, and local	587
governments and agencies of federal, state, and local governments	588
in the coordination of programs to carry out the functions and	589
duties of the department;	590

(4) Encourage and foster research and development activities,	591
conduct studies related to the solution of community problems, and	592
develop recommendations for administrative or legislative actions,	593
as provided in section 122.03 of the Revised Code;	594

(5) Serve as the economic and community development planning	595
agency, which shall prepare and recommend plans and programs for	596
the orderly growth and development of this state and which shall	597
provide planning assistance, as provided in section 122.06 of the	598
Revised Code;	599

(6) Cooperate with and provide technical assistance to state	600
departments, political subdivisions, regional and local planning	601
commissions, tourist associations, councils of government,	602
community development groups, community action agencies, and other	603
appropriate organizations for carrying out the functions and	604
duties of the department or for the solution of community	605
problems;	606

(7) Coordinate the activities of state agencies that have an	607
impact on carrying out the functions and duties of the department;	608

(8) Encourage and assist the efforts of and cooperate with	609
local governments to develop mutual and cooperative solutions to	610
their common problems that relate to carrying out the purposes of	611
this section;	612

(9) Study existing structure, operations, and financing of	613
regional or local government and those state activities that	614
involve significant relations with regional or local governmental	615
units, recommend to the governor and to the general assembly such	616
changes in these provisions and activities as will improve the	617
operations of regional or local government, and conduct other	618
studies of legal provisions that affect problems related to	619
carrying out the purposes of this section;	620

(10) Create and operate a division of community development	621
to develop and administer programs and activities that are	622
authorized by federal statute or the Revised Code;	623

(11) Until October 15, 2007, establish fees and charges, in	624
consultation with the director of agriculture, for purchasing	625
loans from financial institutions and providing loan guarantees	626
under the family farm loan program created under sections 901.80	627
to 901.83 of the Revised Code;	628

(12) Provide loan servicing for the loans purchased and loan	629
guarantees provided under section 901.80 of the Revised Code as	630
that section existed prior to October 15, 2007;	631

(13) Until October 15, 2007, and upon approval by the	632
controlling board under division (A)(3) of section 901.82 of the	633
Revised Code of the release of money to be used for purchasing a	634
loan or providing a loan guarantee, request the release of that	635
money in accordance with division (B) of section 166.03 of the	636
Revised Code for use for the purposes of the fund created by	637
section 166.031 of the Revised Code.	638

(14) Allocate that portion of the national recovery zone	639
economic development bond limitation and that portion of the	640
national recovery zone facility bond limitation that has been	641
allocated to the state under section 1400U-1 of the Internal	642
Revenue Code, 26 U.S.C. 1400U-1. If any county or municipal	643
corporation waives any portion of an allocation it receives under	644
division (A)(14) of this section, the department may reallocate	645
that amount. Any allocation or reallocation shall be made in	646
accordance with this section and section 1400U-1 of the Internal	647
Revenue Code.	648

(B) The director of development may request the attorney	649
general to, and the attorney general, in accordance with section	650
109.02 of the Revised Code, shall bring a civil action in any	651
court of competent jurisdiction. The director may be sued in the	652
director's official capacity, in connection with this chapter, in	653
accordance with Chapter 2743. of the Revised Code.	654

(C) The director of development shall execute a contract	655
pursuant to section 187.04 of the Revised Code with the JobsOhio	656
corporation formed under section 187.01 of the Revised Code, and	657
may execute any additional contracts with the corporation	658
providing for the corporation to assist the director or department	659
in carrying out any duties of the director or department under	660
this chapter or under a contract with the director.	661

Sec. 124.01.  Except as otherwise provided in this chapter,	662
as used in this chapter:	663

(A) "Civil service" includes all offices and positions of	664
trust or employment in the service of the state and in the service	665
of the counties, cities, city health districts, general health	666
districts, and city school districts of the state.	667

(B) "State service" includes all offices and positions in the	668
service of the state and the counties and general health districts	669
of the state. "State service" does not include offices and	670
positions in the service of the cities, city health districts, and	671
city school districts of the state.	672

(C) "Classified service" means the competitive classified	673
civil service of the state, the several counties, cities, city	674
health districts, general health districts, and city school	675
districts of the state, and civil service townships.	676

(D) "Appointing authority" means the officer, commission,	677
board, or body having the power of appointment to, or removal	678
from, positions in any office, department, commission, board, or	679
institution.	680

(E) "Commission" means the municipal civil service commission	681
of any city, except that, when in reference to the commission that	682
serves a city school district, "commission" means the civil	683
service commission determined under section 124.011 of the Revised	684
Code.	685

(F) "Employee" means any person holding a position subject to	686
appointment, removal, promotion, or reduction by an appointing	687
officer. "Employee" does not include an officer, employee, or	688
governor-appointed director of the nonprofit corporation formed	689
under section 187.01 of the Revised Code.	690

(G) "Civil service township" means any township with a	691
population of ten thousand or more persons residing within the	692
township and outside any municipal corporation, which has a police	693
or fire department of ten or more full-time paid employees and	694
which has a civil service commission established under division	695
(B) of section 124.40 of the Revised Code.	696

(H) "Flexible hours employee" means an employee who may work	697
more or less than eight hours on any given day so long as the	698
employee works forty hours in the same week.	699

(I) "Classification series" means any group of classification	700
titles that have the identical name but different numerical	701
designations, or identical titles except for designated levels of	702
supervision, except for those classification series established by	703
the director of administrative services in accordance with	704
division (A) of section 124.14 of the Revised Code.	705

(J) "Classification change" means a change in an employee's	706
classification in the job classification plan.	707

(K) "Service of the state" or "civil service of the state"	708
includes all offices and positions of trust or employment with the	709
government of the state. "Service of the state" and "civil service	710
of the state" do not include offices and positions of trust or	711
employment with state-supported colleges and universities,	712
counties, cities, city health districts, city school districts,	713
general health districts, andor civil service townships of the	714
state, or with the nonprofit corporation formed under section	715
187.01 of the Revised Code.	716

Sec. 145.012.  (A) "Public employee," as defined in division	717
(A) of section 145.01 of the Revised Code, does not include any	718
person:	719

(1) Who is employed by a private, temporary-help service and	720
performs services under the direction of a public employer or is	721
employed on a contractual basis as an independent contractor under	722
a personal service contract with a public employer;	723

(2) Who is an emergency employee serving on a temporary basis	724
in case of fire, snow, earthquake, flood, or other similar	725
emergency;	726

(3) Who is employed in a program established pursuant to the	727
"Job Training Partnership Act," 96 Stat. 1322 (1982), 29 U.S.C.A.	728
1501;	729

(4) Who is an appointed member of either the motor vehicle	730
salvage dealers board or the motor vehicle dealer's board whose	731
rate and method of payment are determined pursuant to division (J)	732
of section 124.15 of the Revised Code;	733

(5) Who is employed as an election worker and paid less than	734
five hundred dollars per calendar year for that service;	735

(6) Who is employed as a firefighter in a position requiring	736
satisfactory completion of a firefighter training course approved	737
under former section 3303.07 or section 4765.55 of the Revised	738
Code or conducted under section 3737.33 of the Revised Code except	739
for the following:	740

(a) Any firefighter who has elected under section 145.013 of	741
the Revised Code to remain a contributing member of the public	742
employees retirement system;	743

(b) Any firefighter who was eligible to transfer from the	744
public employees retirement system to the Ohio police and fire	745
pension fund under section 742.51 or 742.515 of the Revised Code	746
and did not elect to transfer;	747

(c) Any firefighter who has elected under section 742.516 of	748
the Revised Code to transfer from the Ohio police and fire pension	749
fund to the public employees retirement system.	750

(7) Who is a member of the board of health of a city or	751
general health district, which pursuant to sections 3709.051 and	752
3709.07 of the Revised Code includes a combined health district,	753
and whose compensation for attendance at meetings of the board is	754
set forth in division (B) of section 3709.02 or division (B) of	755
section 3709.05 of the Revised Code, as appropriate;	756

(8) Who participates in an alternative retirement plan	757
established under Chapter 3305. of the Revised Code;	758

(9) Who is a member of the board of directors of a sanitary	759
district established under Chapter 6115. of the Revised Code;	760

(10) Who is a member of the unemployment compensation	761
advisory council;	762

(11) Who is an employee, officer, or governor-appointed	763
member of the board of directors of the nonprofit corporation	764
formed under section 187.01 of the Revised Code.	765

(B) No inmate of a correctional institution operated by the	766
department of rehabilitation and correction, no patient in a	767
hospital for the mentally ill or criminally insane operated by the	768
department of mental health, no resident in an institution for the	769
mentally retarded operated by the department of developmental	770
disabilities, no resident admitted as a patient of a veterans'	771
home operated under Chapter 5907. of the Revised Code, and no	772
resident of a county home shall be considered as a public employee	773
for the purpose of establishing membership or calculating service	774
credit or benefits under this chapter. Nothing in this division	775
shall be construed to affect any service credit attained by any	776
person who was a public employee before becoming an inmate,	777
patient, or resident at any institution listed in this division,	778
or the payment of any benefit for which such a person or such a	779
person's beneficiaries otherwise would be eligible.	780

Sec. 149.011.  As used in this chapter, except as otherwise	781
provided:	782

(A) "Public office" includes any state agency, public	783
institution, political subdivision, or other organized body,	784
office, agency, institution, or entity established by the laws of	785
this state for the exercise of any function of government. "Public	786
office" does not include the nonprofit corporation formed under	787
section 187.01 of the Revised Code.	788

(B) "State agency" includes every department, bureau, board,	789
commission, office, or other organized body established by the	790
constitution and laws of this state for the exercise of any	791
function of state government, including any state-supported	792
institution of higher education, the general assembly, any	793
legislative agency, any court or judicial agency, or any political	794
subdivision or agency of a political subdivision. "State agency"	795
does not include the nonprofit corporation formed under section	796
187.01 of the Revised Code.	797

(C) "Public money" includes all money received or collected	798
by or due a public official, whether in accordance with or under	799
authority of any law, ordinance, resolution, or order, under color	800
of office, or otherwise. It also includes any money collected by	801
any individual on behalf of a public office or as a purported	802
representative or agent of the public office.	803

(D) "Public official" includes all officers, employees, or	804
duly authorized representatives or agents of a public office.	805

(E) "Color of office" includes any act purported or alleged	806
to be done under any law, ordinance, resolution, order, or other	807
pretension to official right, power, or authority.	808

(F) "Archive" includes any public record that is transferred	809
to the state archives or other designated archival institutions	810
because of the historical information contained on it.	811

(G) "Records" includes any document, device, or item,	812
regardless of physical form or characteristic, including an	813
electronic record as defined in section 1306.01 of the Revised	814
Code, created or received by or coming under the jurisdiction of	815
any public office of the state or its political subdivisions,	816
which serves to document the organization, functions, policies,	817
decisions, procedures, operations, or other activities of the	818
office.	819

Sec. 187.01. As used in this chapter, "JobsOhio" means the	820
nonprofit corporation formed under this section, and includes any	821
subsidiary of that corporation. In any section of law that refers	822
to the nonprofit corporation formed under this section, reference	823
to the corporation includes reference to any such subsidiary	824
unless otherwise specified or clearly appearing from the context.	825

The governor is hereby authorized to form a nonprofit	826
corporation, to be named "JobsOhio," with the purposes of	827
promoting economic development, job creation, job retention, job	828
training, and the recruitment of business to this state. The	829
governor shall be the only member of the corporation.	830

The articles of incorporation shall set forth the following:

831

(A) The designation of the name of the corporation as	832
JobsOhio;	833

(B) The creation of a board of directors consisting of the	834
governor and eight directors, to be appointed by the governor, who	835
satisfy the qualifications prescribed by section 187.02 of the	836
Revised Code;	837

(C) A requirement that the governor make initial appointments	838
to the board within sixty days after the filing of the articles of	839
incorporation. Of the initial appointments made to the board, two	840
shall be for a term ending one year after the date the articles	841
were filed, two shall be for a term ending two years after the	842
date the articles were filed, and four shall be for a term ending	843
four years after the date the articles were filed. The articles	844
shall state that, following the initial appointments, the governor	845
shall appoint directors to terms of office of four years, with	846
each term of office ending on the same day of the same month as	847
did the term that it succeeds.	848

(D) The designation of the governor as the chairperson of the	849
board and procedures for electing directors to serve as officers	850
of the corporation and members of an executive committee;	851

(E) A provision for the appointment of a chief investment	852
officer of the corporation by the recommendation of the board of	853
directors and approval of the governor. The chief investment	854
officer shall serve at the pleasure of the governor and shall have	855
the power to execute contracts, spend corporation funds, and hire	856
employees on behalf of the corporation.	857

(F) Provisions requiring the board to do all of the	858
following:	859

(1) Adopt one or more resolutions providing for compensation	860
of the chief investment officer;	861

(2) Approve an employee compensation plan recommended by the	862
chief investment officer;	863

(3) Approve a contract with the director of development for	864
the corporation to assist the director and the department of	865
development in the exercise of any and all of the powers,	866
functions, or duties of the department, including the operation	867
and management of programs, offices, divisions, or boards, as may	868
be determined by the director in consultation with the governor;	869

(4) Approve all major contracts for services recommended by	870
the chief investment officer;	871

(5) Establish an annual strategic plan and standards of	872
measure to be used in evaluating the corporation's success in	873
executing the plan;	874

(6) Establish a conflicts of interest policy that, at a	875
minimum, complies with section 187.06 of the Revised Code;	876

(7) Hold a minimum of four board of directors meetings per	877
year at which a quorum of the board is physically present, and	878
such other meetings, at which directors' physical presence is not	879
required, as may be necessary. Meetings at which a quorum of the	880
board is required to be physically present are subject to division	881
(D) of section 187.03 of the Revised Code.	882

(G) A statement that directors shall not receive any	883
compensation from the corporation, except that governor-appointed	884
directors may be reimbursed for actual and necessary expenses	885
incurred in connection with services performed for the	886
corporation;	887

(H) A provision authorizing the board to amend provisions of	888
the corporation's articles of incorporation or regulations, except	889
provisions required by this chapter;	890

(I) Procedures by which the corporation would be dissolved	891
and by which all corporation rights, liabilities, and assets would	892
be distributed to the state or to another corporation organized	893
under this chapter. The articles shall state that no dissolution	894
shall take effect until the corporation has made adequate	895
provision for the payment of any outstanding bonds, notes, or	896
other obligations.	897

(J) A provision establishing an audit committee to be	898
comprised of directors. The articles shall require that the audit	899
committee hire an independent certified public accountant to	900
perform a financial audit of the corporation at least once every	901
year.	902

(K) A provision authorizing the governor, as chairperson of	903
the corporation, to remove a director for misconduct as may be	904
defined in the articles or regulations of the corporation. The	905
removal of a director under this division creates a vacancy on the	906
board that the governor shall fill by appointment for the	907
remainder of the term of office of the vacated seat.	908

Sec. 187.02.  (A) To qualify for appointment to the board of	909
directors of JobsOhio, an individual must satisfy all of the	910
following:	911

(1) Has an understanding of generally accepted accounting	912
principles and financial statements;	913

(2) Possesses the ability to assess the general application	914
of such principles in connection with the accounting for	915
estimates, accruals, and reserves;	916

(3) Has experience preparing, auditing, analyzing, or	917
evaluating financial statements that present a breadth and level	918
of complexity of accounting issues that are generally comparable	919
to the breadth and complexity of issues that can reasonably be	920
expected to be presented by the JobsOhio corporation's financial	921
statements, or experience actively supervising one or more persons	922
engaged in such activities;	923

(4) Has an understanding of internal controls and the	924
procedures for financial reporting;	925

(5) Has an understanding of audit committee functions.

926

(B) Specific experience demonstrating the qualifications	927
required by division (A) of this section may be evidenced by any	928
of the following:	929

(1) Education and experience as a principal financial	930
officer, principal accounting officer, controller, public	931
accountant or auditor, or experience in one or more positions that	932
involve the performance of similar functions;	933

(2) Experience actively supervising a principal financial	934
officer, principal accounting officer, controller, public	935
accountant, auditor, or person performing similar functions;	936

(3) Experience overseeing or assessing the performance of	937
companies or public accountants with respect to the preparation,	938
auditing, or evaluation of financial statements;	939

(4) Other experience considered relevant by the governor	940
consistent with division (A) of this section.	941

(C) Each individual appointed to the board of directors shall	942
be a citizen of the United States. At least five, but not more	943
than six, of the individuals appointed to the board shall be	944
residents of or domiciled in this state.	945

Sec. 187.03. (A) JobsOhio may perform such functions as	946
permitted and shall perform such duties as prescribed by law, but	947
shall not be considered a state or public department, agency,	948
office, body, institution, or instrumentality for purposes of	949
section 1.60 or Chapter 102., 121., 125., or 149. of the Revised	950
Code. JobsOhio and its board of directors are not subject to the	951
following sections of Chapter 1702. of the Revised Code: sections	952
1702.03, 1702.08, 1702.09, 1702.21, 1702.24, 1702.26, 1702.27,	953
1702.28, 1702.29, 1702.301, 1702.33, 1702.34, 1702.37, 1702.38,	954
1702.40 to 1702.52, 1702.521, 1702.54, 1702.57, 1702.58, 1702.59,	955
1702.60, 1702.80, and 1702.99.	956

(B)(1) With the exception of the governor, directors and	957
employees of JobsOhio are not employees or officials of the state	958
and, except as provided in division (B)(2) of this section, are	959
not subject to Chapter 102., 124., 145., or 4117. of the Revised	960
Code.	961

(2) Any employee, and any director except the governor, of	962
JobsOhio, who would be required to file a statement under section	963
102.02 of the Revised Code if the person were a public official or	964
employee, shall file a statement pursuant to that section that	965
includes, in place of the information required by divisions	966
(A)(2), (7), (8), and (9) of that section, the information	967
required by divisions (A) and (B) of section 102.022 of the	968
Revised Code. The governor shall comply with all applicable	969
requirements of section 102.02 of the Revised Code.	970

(3) Actual expenditures for the travel, meals, or lodging of	971
the governor or of any public official or employee designated by	972
the governor for the purpose of this division shall not be	973
considered a violation of section 102.03 of the Revised Code if	974
the expenditures are made by or on behalf of the corporation in	975
connection with the governor's performance of official duties as	976
chairperson of the board of directors of JobsOhio. The governor	977
may designate any person, including a person who is a public	978
official or employee as defined in section 102.01 of the Revised	979
Code, for the purpose of this division if such expenditures are	980
made on behalf of the person in connection with the governor's	981
performance of official duties as chairperson.	982

At the times and frequency agreed to under division (B)(2) of	983
section 187.04 of the Revised Code, beginning in 2012, the	984
corporation shall file with the department of development a	985
written report of any such expenditures the corporation paid or	986
incurred during the preceding calendar year. The report shall	987
state the dollar value and purpose of each expenditure, the date	988
of each expenditure, and the location, if any, where services or	989
benefits of an expenditure were received, provided that any such	990
information that may disclose proprietary information as defined	991
in division (D) of that section shall not be included in the	992
report.	993

(4) The prohibition applicable to former public officials or	994
employees in division (A)(1) of section 102.03 of the Revised Code	995
does not apply to any person appointed to be a director or hired	996
as an employee of JobsOhio.	997

(5) Any person who is a former state employee shall no longer	998
be considered a public employee for purposes of Chapter 145. of	999
the Revised Code upon commencement of employment with JobsOhio.	1000

(D) Meetings of the board of directors at which a quorum of	1001
the board is required to be physically present pursuant to	1002
division (F) of section 187.01 of the Revised Code shall be open	1003
to the public except, by a majority vote of the directors present	1004
at the meeting, such a meeting may be closed to the public only	1005
for one or more of the following purposes:	1006

(1) To consider business strategy of the corporation;

1007

(2) To consider proprietary information belonging to	1008
potential applicants or potential recipients of business	1009
recruitment, retention, or creation incentives. For the purposes	1010
of this division, "proprietary information" means marketing plans,	1011
specific business strategy, production techniques and trade	1012
secrets, financial projections, or personal financial statements	1013
of applicants or members of the applicants' immediate family,	1014
including, but not limited to, tax records or other similar	1015
information not open to the public inspection.	1016

(3) To consider legal matters, including litigation, in which	1017
the corporation is or may be involved;	1018

(4) To consider personnel matters related to an individual	1019
employee of the corporation.	1020

(E) Not later than March 1, 2012, and the first day of March	1021
of each year thereafter, the chief investment officer of JobsOhio	1022
shall prepare and submit a report of the corporation's activities	1023
for the preceding year to the governor, the speaker and minority	1024
leader of the house of representatives, and the president and	1025
minority leader of the senate. The annual report shall include the	1026
following:	1027

(1) An analysis of the state's economy;

1028

(2) A description of the structure, operation, and financial	1029
status of the corporation;	1030

(3) A description of the corporation's strategy to improve	1031
the state economy and the standards of measure used to evaluate	1032
its progress;	1033

(4) An evaluation of the performance of current strategies	1034
and major initiatives;	1035

(5) An analysis of any statutory or administrative barriers	1036
to successful economic development, business recruitment, and job	1037
growth in the state identified by JobsOhio during the preceding	1038
year.	1039

Sec. 187.04. The director of development, as soon as	1040
practical after the effective date of this section, shall execute	1041
a contract with JobsOhio for the corporation to assist the	1042
director and the department of development in the exercise of any	1043
or all of the powers, functions, or duties of the department,	1044
including the operation and management of programs, offices,	1045
divisions, or boards, as may be determined by the director in	1046
consultation with the governor. The controlling board shall	1047
approve, prior to execution, all contracts between the director	1048
and JobsOhio.	1049

The term of a contract entered into under this section shall	1050
not extend beyond a fiscal biennium of the general assembly, but	1051
may be renewed or amended by the parties.	1052

A contract entered into under this section shall include both	1053
of the following:	1054

(A) Terms assigning to the corporation the duties of advising	1055
and assisting the director of development in the director's	1056
evaluation of the department and the formulation of	1057
recommendations under section 187.05 of the Revised Code;	1058

(B) Terms designating records created or received by JobsOhio	1059
that shall be made available to the public under the same	1060
conditions as are public records under section 149.43 of the	1061
Revised Code. Documents designated to be made available to the	1062
public pursuant to the contract shall be kept on file with the	1063
department of development.	1064

Among records to be designated under this division shall be	1065
the following:	1066

(1) The corporation's federal income tax returns;

1067

(2) The report of expenditures described in division (B)(3)	1068
of section 187.03 of the Revised Code. The records shall be filed	1069
with the department at such times and frequency as agreed to by	1070
the corporation and the department, which shall not be less	1071
frequently than quarterly.	1072

(3) The annual total compensation paid to each employee of	1073
the corporation;	1074

(4) A copy of the audit report for each financial audit of	1075
the corporation performed by an independent certified public	1076
accountant pursuant to division (J) of section 187.01 of the	1077
Revised Code.	1078

(5) Records of any fully executed incentive proposals, to be	1079
filed annually;	1080

(6) Records pertaining to the monitoring of commitments made	1081
by incentive recipients, to be filed annually.	1082

(C) Records created or received by JobsOhio are not public	1083
records for the purposes of section 149.43 of the Revised Code,	1084
regardless of who may have custody of the records, unless the	1085
record is designated to be available to the public by the contract	1086
under division (B) of this section.	1087

Sec. 187.05.  The director of development, as soon as	1088
practical after the effective date of this section, shall, in	1089
consultation with the governor, evaluate all powers, functions,	1090
and duties of the department. Within six months after that	1091
effective date, the director shall submit a report to the general	1092
assembly recommending statutory changes necessary to improve the	1093
functioning and efficiency of the department and to transfer	1094
specified powers, functions, and duties of the department to other	1095
existing agencies of the state or to JobsOhio, or eliminate	1096
specified powers, functions, or duties. The recommendations shall	1097
be submitted in writing to the speaker and minority leader of the	1098
house of representatives and the president and minority leader of	1099
the senate.	1100

After submitting the report, the director, in consultation	1101
with the governor, shall continue to evaluate the department and	1102
make additional recommendations on such matters to the general	1103
assembly.	1104

Sec. 187.06.  (A) For purposes of this section, "interested	1105
individual" means a director or officer of JobsOhio who has,	1106
directly or indirectly, through business, investment, or family,	1107
any of the following:	1108

(1) An ownership or investment interest in any person with	1109
which JobsOhio has a transaction or arrangement;	1110

(2) A compensation arrangement with JobsOhio or with any	1111
person with which JobsOhio has a transaction or arrangement;	1112

(3) A potential ownership or investment interest in, or	1113
compensation arrangement with, any person with which JobsOhio is	1114
negotiating a transaction or arrangement. Compensation includes	1115
direct and indirect remuneration as well as material gifts or	1116
favors.	1117

(B) The conflicts of interest policy adopted pursuant to	1118
section 187.01 of the Revised Code shall protect JobsOhio's	1119
interest when it is considering a transaction or arrangement that	1120
might benefit the private interest of a director or officer of	1121
JobsOhio or might excessively benefit that individual. An	1122
interested individual shall disclose the existence of a financial	1123
interest to each member of the board of directors of JobsOhio. The	1124
interested individual shall be given an opportunity to disclose	1125
all material facts to the directors. After disclosure of the	1126
financial interest and all material facts, the board of directors	1127
shall decide if a conflict of interest exists. If a conflict	1128
exists, the board shall determine whether JobsOhio can obtain with	1129
reasonable efforts a more advantageous transaction or arrangement	1130
from a person that would not give rise to a conflict of interest.	1131
If a more advantageous transaction or arrangement is not	1132
reasonably possible under circumstances not producing a conflict	1133
of interest, the board shall determine by a majority vote of the	1134
disinterested directors whether the transaction or arrangement is	1135
in JobsOhio's best interest, for its own benefit, and whether it	1136
is fair and reasonable.	1137

(C) If the board of directors has reasonable cause to believe	1138
a director or officer has failed to disclose an actual or possible	1139
conflict of interest, it shall inform the individual of the basis	1140
for such belief and provide the individual with an opportunity to	1141
explain the alleged failure to disclose. If the board determines	1142
the individual has failed to disclose an actual or possible	1143
conflict of interest, it shall take appropriate disciplinary and	1144
corrective action.	1145

(D) Minutes of board meetings considering possible or actual	1146
conflicts of interest shall be kept. The minutes shall contain	1147
both of the following:	1148

(1) The names of the individuals who disclosed, or were found	1149
to have, a financial interest in connection with an actual or	1150
possible conflict of interest, the nature of the financial	1151
interest, any action taken to determine whether a conflict of	1152
interest was present, and the board's decision as to whether a	1153
conflict of interest existed;	1154

(2) The names of the individuals who were present for	1155
discussions and votes relating to the transaction or arrangement,	1156
the content of the discussion, including any alternatives to the	1157
proposed transaction or arrangement, and a record of any votes	1158
taken in connection with the proceedings.	1159

(E) An officer or employee of JobsOhio whose responsibility	1160
includes compensation matters and who receives compensation,	1161
directly or indirectly, from JobsOhio for services is precluded	1162
from voting or providing information to a compensation committee,	1163
if any, on matters pertaining to that individual's compensation.	1164

(F) The conflicts of interest policy adopted pursuant to	1165
section 187.01 of the Revised Code shall prohibit any director of	1166
JobsOhio from soliciting or accepting employment with any person	1167
that receives or has received an incentive or other assistance as	1168
a result of a decision the director participated in as a director	1169
of JobsOhio.	1170

(G) Each director or officer shall annually sign a statement	1171
which affirms the individual:	1172

(1) Has received a copy of the conflicts of interest policy;

1173

(2) Has read and understands the policy;

1174

(3) Has agreed to comply with the policy;

1175

(4) Understands JobsOhio's statutory purpose and that it is a	1176
nonprofit corporation.	1177

(H) To ensure JobsOhio operates in a manner consistent with	1178
its statutory purpose or contractual obligations, periodic reviews	1179
shall be conducted. The periodic reviews shall, at a minimum,	1180
determine all of the following:	1181

(1) Whether compensation arrangements and benefits are	1182
reasonable, based on competent survey information, and the result	1183
of arm's length bargaining;	1184

(2) Whether JobsOhio's operations are consistent with its	1185
articles of incorporation, regulations, and contractual	1186
obligations, and are properly documented;	1187

(3) Whether transactions are fair to JobsOhio, reflect	1188
reasonable investment or payments for goods and services, further	1189
JobsOhio's statutory purpose or contractual obligations, and do	1190
not result in excessive private benefit to directors, officers, or	1191
other persons.	1192

Sec. 187.07. Any action brought by or on behalf of the	1193
corporation against a director or former director in that	1194
individual's capacity as a director shall be brought in the court	1195
of common pleas of Franklin county.	1196

Sec. 2921.01.  As used in sections 2921.01 to 2921.45 of the	1197
Revised Code:	1198

(A) "Public official" means any elected or appointed officer,	1199
or employee, or agent of the state or any political subdivision,	1200
whether in a temporary or permanent capacity, and includes, but is	1201
not limited to, legislators, judges, and law enforcement officers.	1202
"Public official" does not include an employee, officer, or	1203
governor-appointed member of the board of directors of the	1204
nonprofit corporation formed under section 187.01 of the Revised	1205
Code.	1206

(B) "Public servant" means any of the following:

1207

(1) Any public official;

1208

(2) Any person performing ad hoc a governmental function,	1209
including, but not limited to, a juror, member of a temporary	1210
commission, master, arbitrator, advisor, or consultant;	1211

(3) A person who is a candidate for public office, whether or	1212
not the person is elected or appointed to the office for which the	1213
person is a candidate. A person is a candidate for purposes of	1214
this division if the person has been nominated according to law	1215
for election or appointment to public office, or if the person has	1216
filed a petition or petitions as required by law to have the	1217
person's name placed on the ballot in a primary, general, or	1218
special election, or if the person campaigns as a write-in	1219
candidate in any primary, general, or special election.	1220

(C) "Party official" means any person who holds an elective	1221
or appointive post in a political party in the United States or	1222
this state, by virtue of which the person directs, conducts, or	1223
participates in directing or conducting party affairs at any level	1224
of responsibility.	1225

(D) "Official proceeding" means any proceeding before a	1226
legislative, judicial, administrative, or other governmental	1227
agency or official authorized to take evidence under oath, and	1228
includes any proceeding before a referee, hearing examiner,	1229
commissioner, notary, or other person taking testimony or a	1230
deposition in connection with an official proceeding.	1231

(E) "Detention" means arrest; confinement in any vehicle	1232
subsequent to an arrest; confinement in any public or private	1233
facility for custody of persons charged with or convicted of crime	1234
in this state or another state or under the laws of the United	1235
States or alleged or found to be a delinquent child or unruly	1236
child in this state or another state or under the laws of the	1237
United States; hospitalization, institutionalization, or	1238
confinement in any public or private facility that is ordered	1239
pursuant to or under the authority of section 2945.37, 2945.371,	1240
2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	1241
Code; confinement in any vehicle for transportation to or from any	1242
facility of any of those natures; detention for extradition or	1243
deportation; except as provided in this division, supervision by	1244
any employee of any facility of any of those natures that is	1245
incidental to hospitalization, institutionalization, or	1246
confinement in the facility but that occurs outside the facility;	1247
supervision by an employee of the department of rehabilitation and	1248
correction of a person on any type of release from a state	1249
correctional institution; or confinement in any vehicle, airplane,	1250
or place while being returned from outside of this state into this	1251
state by a private person or entity pursuant to a contract entered	1252
into under division (E) of section 311.29 of the Revised Code or	1253
division (B) of section 5149.03 of the Revised Code. For a person	1254
confined in a county jail who participates in a county jail	1255
industry program pursuant to section 5147.30 of the Revised Code,	1256
"detention" includes time spent at an assigned work site and going	1257
to and from the work site.	1258

(F) "Detention facility" means any public or private place	1259
used for the confinement of a person charged with or convicted of	1260
any crime in this state or another state or under the laws of the	1261
United States or alleged or found to be a delinquent child or	1262
unruly child in this state or another state or under the laws of	1263
the United States.	1264

(G) "Valuable thing or valuable benefit" includes, but is not	1265
limited to, a contribution. This inclusion does not indicate or	1266
imply that a contribution was not included in those terms before	1267
September 17, 1986.	1268

(H) "Campaign committee," "contribution," "political action	1269
committee," "legislative campaign fund," "political party," and	1270
"political contributing entity" have the same meanings as in	1271
section 3517.01 of the Revised Code.	1272

(I) "Provider agreement" and "medical assistance program"	1273
have the same meanings as in section 2913.40 of the Revised Code.	1274

Sec. 4117.01.  As used in this chapter:

1275

(A) "Person," in addition to those included in division (C)	1276
of section 1.59 of the Revised Code, includes employee	1277
organizations, public employees, and public employers.	1278

(B) "Public employer" means the state or any political	1279
subdivision of the state located entirely within the state,	1280
including, without limitation, any municipal corporation with a	1281
population of at least five thousand according to the most recent	1282
federal decennial census; county; township with a population of at	1283
least five thousand in the unincorporated area of the township	1284
according to the most recent federal decennial census; school	1285
district; governing authority of a community school established	1286
under Chapter 3314. of the Revised Code; state institution of	1287
higher learning; public or special district; state agency,	1288
authority, commission, or board; or other branch of public	1289
employment. "Public employer" does not include the nonprofit	1290
corporation formed under section 187.01 of the Revised Code.	1291

(C) "Public employee" means any person holding a position by	1292
appointment or employment in the service of a public employer,	1293
including any person working pursuant to a contract between a	1294
public employer and a private employer and over whom the national	1295
labor relations board has declined jurisdiction on the basis that	1296
the involved employees are employees of a public employer, except:	1297

(1) Persons holding elective office;

1298

(2) Employees of the general assembly and employees of any	1299
other legislative body of the public employer whose principal	1300
duties are directly related to the legislative functions of the	1301
body;	1302

(3) Employees on the staff of the governor or the chief	1303
executive of the public employer whose principal duties are	1304
directly related to the performance of the executive functions of	1305
the governor or the chief executive;	1306

(4) Persons who are members of the Ohio organized militia,	1307
while training or performing duty under section 5919.29 or 5923.12	1308
of the Revised Code;	1309

(5) Employees of the state employment relations board,	1310
including those employees of the state employment relations board	1311
utilized by the state personnel board of review in the exercise of	1312
the powers and the performance of the duties and functions of the	1313
state personnel board of review;	1314

(6) Confidential employees;

1315

(7) Management level employees;

1316

(8) Employees and officers of the courts, assistants to the	1317
attorney general, assistant prosecuting attorneys, and employees	1318
of the clerks of courts who perform a judicial function;	1319

(9) Employees of a public official who act in a fiduciary	1320
capacity, appointed pursuant to section 124.11 of the Revised	1321
Code;	1322

(10) Supervisors;

1323

(11) Students whose primary purpose is educational training,	1324
including graduate assistants or associates, residents, interns,	1325
or other students working as part-time public employees less than	1326
fifty per cent of the normal year in the employee's bargaining	1327
unit;	1328

(12) Employees of county boards of election;

1329

(13) Seasonal and casual employees as determined by the state	1330
employment relations board;	1331

(14) Part-time faculty members of an institution of higher	1332
education;	1333

(15) Participants in a work activity, developmental activity,	1334
or alternative work activity under sections 5107.40 to 5107.69 of	1335
the Revised Code who perform a service for a public employer that	1336
the public employer needs but is not performed by an employee of	1337
the public employer if the participant is not engaged in paid	1338
employment or subsidized employment pursuant to the activity;	1339

(16) Employees included in the career professional service of	1340
the department of transportation under section 5501.20 of the	1341
Revised Code;	1342

(17) Employees of community-based correctional facilities and	1343
district community-based correctional facilities created under	1344
sections 2301.51 to 2301.58 of the Revised Code who are not	1345
subject to a collective bargaining agreement on June 1, 2005;.	1346

(D) "Employee organization" means any labor or bona fide	1347
organization in which public employees participate and that exists	1348
for the purpose, in whole or in part, of dealing with public	1349
employers concerning grievances, labor disputes, wages, hours,	1350
terms, and other conditions of employment.	1351

(E) "Exclusive representative" means the employee	1352
organization certified or recognized as an exclusive	1353
representative under section 4117.05 of the Revised Code.	1354

(F) "Supervisor" means any individual who has authority, in	1355
the interest of the public employer, to hire, transfer, suspend,	1356
lay off, recall, promote, discharge, assign, reward, or discipline	1357
other public employees; to responsibly direct them; to adjust	1358
their grievances; or to effectively recommend such action, if the	1359
exercise of that authority is not of a merely routine or clerical	1360
nature, but requires the use of independent judgment, provided	1361
that:	1362

(1) Employees of school districts who are department	1363
chairpersons or consulting teachers shall not be deemed	1364
supervisors;	1365

(2) With respect to members of a police or fire department,	1366
no person shall be deemed a supervisor except the chief of the	1367
department or those individuals who, in the absence of the chief,	1368
are authorized to exercise the authority and perform the duties of	1369
the chief of the department. Where prior to June 1, 1982, a public	1370
employer pursuant to a judicial decision, rendered in litigation	1371
to which the public employer was a party, has declined to engage	1372
in collective bargaining with members of a police or fire	1373
department on the basis that those members are supervisors, those	1374
members of a police or fire department do not have the rights	1375
specified in this chapter for the purposes of future collective	1376
bargaining. The state employment relations board shall decide all	1377
disputes concerning the application of division (F)(2) of this	1378
section.	1379

(3) With respect to faculty members of a state institution of	1380
higher education, heads of departments or divisions are	1381
supervisors; however, no other faculty member or group of faculty	1382
members is a supervisor solely because the faculty member or group	1383
of faculty members participate in decisions with respect to	1384
courses, curriculum, personnel, or other matters of academic	1385
policy;	1386

(4) No teacher as defined in section 3319.09 of the Revised	1387
Code shall be designated as a supervisor or a management level	1388
employee unless the teacher is employed under a contract governed	1389
by section 3319.01, 3319.011, or 3319.02 of the Revised Code and	1390
is assigned to a position for which a license deemed to be for	1391
administrators under state board rules is required pursuant to	1392
section 3319.22 of the Revised Code.	1393

(G) "To bargain collectively" means to perform the mutual	1394
obligation of the public employer, by its representatives, and the	1395
representatives of its employees to negotiate in good faith at	1396
reasonable times and places with respect to wages, hours, terms,	1397
and other conditions of employment and the continuation,	1398
modification, or deletion of an existing provision of a collective	1399
bargaining agreement, with the intention of reaching an agreement,	1400
or to resolve questions arising under the agreement. "To bargain	1401
collectively" includes executing a written contract incorporating	1402
the terms of any agreement reached. The obligation to bargain	1403
collectively does not mean that either party is compelled to agree	1404
to a proposal nor does it require the making of a concession.	1405

(H) "Strike" means continuous concerted action in failing to	1406
report to duty; willful absence from one's position; or stoppage	1407
of work in whole from the full, faithful, and proper performance	1408
of the duties of employment, for the purpose of inducing,	1409
influencing, or coercing a change in wages, hours, terms, and	1410
other conditions of employment. "Strike" does not include a	1411
stoppage of work by employees in good faith because of dangerous	1412
or unhealthful working conditions at the place of employment that	1413
are abnormal to the place of employment.	1414

(I) "Unauthorized strike" includes, but is not limited to,	1415
concerted action during the term or extended term of a collective	1416
bargaining agreement or during the pendency of the settlement	1417
procedures set forth in section 4117.14 of the Revised Code in	1418
failing to report to duty; willful absence from one's position;	1419
stoppage of work; slowdown, or abstinence in whole or in part from	1420
the full, faithful, and proper performance of the duties of	1421
employment for the purpose of inducing, influencing, or coercing a	1422
change in wages, hours, terms, and other conditions of employment.	1423
"Unauthorized strike" includes any such action, absence, stoppage,	1424
slowdown, or abstinence when done partially or intermittently,	1425
whether during or after the expiration of the term or extended	1426
term of a collective bargaining agreement or during or after the	1427
pendency of the settlement procedures set forth in section 4117.14	1428
of the Revised Code.	1429

(J) "Professional employee" means any employee engaged in	1430
work that is predominantly intellectual, involving the consistent	1431
exercise of discretion and judgment in its performance and	1432
requiring knowledge of an advanced type in a field of science or	1433
learning customarily acquired by a prolonged course in an	1434
institution of higher learning or a hospital, as distinguished	1435
from a general academic education or from an apprenticeship; or an	1436
employee who has completed the courses of specialized intellectual	1437
instruction and is performing related work under the supervision	1438
of a professional person to become qualified as a professional	1439
employee.	1440

(K) "Confidential employee" means any employee who works in	1441
the personnel offices of a public employer and deals with	1442
information to be used by the public employer in collective	1443
bargaining; or any employee who works in a close continuing	1444
relationship with public officers or representatives directly	1445
participating in collective bargaining on behalf of the employer.	1446

(L) "Management level employee" means an individual who	1447
formulates policy on behalf of the public employer, who	1448
responsibly directs the implementation of policy, or who may	1449
reasonably be required on behalf of the public employer to assist	1450
in the preparation for the conduct of collective negotiations,	1451
administer collectively negotiated agreements, or have a major	1452
role in personnel administration. Assistant superintendents,	1453
principals, and assistant principals whose employment is governed	1454
by section 3319.02 of the Revised Code are management level	1455
employees. With respect to members of a faculty of a state	1456
institution of higher education, no person is a management level	1457
employee because of the person's involvement in the formulation or	1458
implementation of academic or institution policy.	1459

(M) "Wages" means hourly rates of pay, salaries, or other	1460
forms of compensation for services rendered.	1461

(N) "Member of a police department" means a person who is in	1462
the employ of a police department of a municipal corporation as a	1463
full-time regular police officer as the result of an appointment	1464
from a duly established civil service eligibility list or under	1465
section 737.15 or 737.16 of the Revised Code, a full-time deputy	1466
sheriff appointed under section 311.04 of the Revised Code, a	1467
township constable appointed under section 509.01 of the Revised	1468
Code, or a member of a township police district police department	1469
appointed under section 505.49 of the Revised Code.	1470

(O) "Members of the state highway patrol" means highway	1471
patrol troopers and radio operators appointed under section	1472
5503.01 of the Revised Code.	1473

(P) "Member of a fire department" means a person who is in	1474
the employ of a fire department of a municipal corporation or a	1475
township as a fire cadet, full-time regular firefighter, or	1476
promoted rank as the result of an appointment from a duly	1477
established civil service eligibility list or under section	1478
505.38, 709.012, or 737.22 of the Revised Code.	1479

(Q) "Day" means calendar day.

1480

Section 2.  That existing sections 1.60, 102.01, 117.01,	1481
121.01, 121.22, 121.41, 121.60, 122.011, 124.01, 145.012, 149.011,	1482
2921.01, and 4117.01 of the Revised Code are hereby repealed.	1483

Section 3.  The Supreme Court of Ohio shall have exclusive,	1484
original jurisdiction over any claim asserting that any one or	1485
more sections of the Revised Code amended or enacted by this act,	1486
or any portion of one or more of those sections, or any rule	1487
adopted under one or more of those sections, violates any	1488
provision of the Ohio Constitution; and over any claim asserting	1489
that any action taken pursuant to those sections by the Governor	1490
or the nonprofit corporation formed under section 187.01 of the	1491
Revised Code violates any provision of the Ohio Constitution or	1492
any provision of the Revised Code. Any such claim shall be filed	1493
as otherwise required by the Court's rules of practice not later	1494
than the sixtieth day after the effective date of this act. If any	1495
claim over which the Supreme Court is granted exclusive, original	1496
jurisdiction by this section is filed in any lower court, the	1497
claim shall be dismissed by the court on the ground that the court	1498
lacks jurisdiction to review it.	1499

Section 4. Section 145.012 of the Revised Code is presented	1500
in this act as a composite of the section as amended by both Am.	1501
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly. The	1502
General Assembly, applying the principle stated in division (B) of	1503
section 1.52 of the Revised Code that amendments are to be	1504
harmonized if reasonably capable of simultaneous operation, finds	1505
that the composite is the resulting version of the section in	1506
effect prior to the effective date of the section as presented in	1507
this act.	1508

Section 5. The Director of Development, in consultation with	1509
the Director of Budget and Management, shall find within the	1510
Department of Development's total unexpended and unencumbered	1511
fiscal year 2011 General Revenue Fund appropriation an amount not	1512
to exceed $1,000,000 in order to establish and operate the	1513
JobsOhio corporation established in Chapter 187. of the Revised	1514
Code. The Director of Development shall identify appropriation	1515
items within the General Revenue Fund that are to be reduced for	1516
this purpose, and any reduction in appropriations to these items	1517
pursuant to this section shall not collectively exceed $1,000,000.	1518
The amounts identified by the Director are hereby appropriated in	1519
General Revenue Fund appropriation item 195527, JobsOhio, for	1520
transition and start-up costs of the JobsOhio corporation. Nothing	1521
in this section shall be construed as increasing or decreasing the	1522
Department of Development's total fiscal year 2011 General Revenue	1523
Fund appropriation.	1524

Section 6. Sections 1, 2, 3, 4, 5, and 6 of this act are not	1525
subject to the referendum because they are or they relate to an	1526
appropriation for current expenses within the meaning of Ohio	1527
Constitution, Article II, Section 1d, and section 1.471 of the	1528
Revised Code, and therefore those sections take effect immediately	1529
when this act becomes law.	1530