Sub. H. B. No. 1 As Reported by the Senate Finance Committee

As Reported by the Senate Finance Committee

129th General Assembly

Regular Session

2011-2012

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
Senators Faber, Patton

A BILL

To amend sections 1.60, 102.01, 102.02, 102.022,

117.01, 121.01, 121.22, 121.41, 121.60, 121.67,

122.011, 124.01, 145.012, 149.011, 2921.01, and

4117.01 and to enact sections 187.01 to 187.12 of

the Revised Code to authorize the Governor to form

a nonprofit corporation that would perform such

state economic development functions as directed

by law and pursuant to a contract with the

Department of Development, and to make an

appropriation.

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

Section 1. That sections 1.60, 102.01, 102.02, 102.022,	11
117.01, 121.01, 121.22, 121.41, 121.60, 121.67, 122.011, 124.01,	12
145.012, 149.011, 2921.01, and 4117.01 be amended and sections	13
187.01, 187.02, 187.03, 187.04, 187.05, 187.06, 187.07, 187.08,	14
187.09, 187.10, 187.11, and 187.12 of the Revised Code be enacted	15
to read as follows:	16

Sec. 1.60. As used in Title I of the Revised Code, "state	17
agency," except as otherwise provided in the title, means every	18
organized body, office, or agency established by the laws of the	19
state for the exercise of any function of state government. "State	20
agency" does not include the nonprofit corporation formed under	21
section 187.01 of the Revised Code.	22

Sec. 102.01. As used in this chapter:

(A) "Compensation" means money, thing of value, or financial	24
benefit. "Compensation" does not include reimbursement for actual	25
and necessary expenses incurred in the performance of official	26
duties.	27

(B) "Public official or employee" means any person who is	28
elected or appointed to an office or is an employee of any public	29
agency. "Public official or employee" does not include a person	30
elected or appointed to the office of precinct, ward, or district	31
committee member under section 3517.03 of the Revised Code, any	32
presidential elector, or any delegate to a national convention.	33
"Public official or employee" does not include a person who is a	34
teacher, instructor, professor, or other kind of educator whose	35
position does not involve the performance of, or authority to	36
perform, administrative or supervisory functions.	37

(C) "Public agency" means the general assembly, all courts,	38
any department, division, institution, board, commission,	39
authority, bureau or other instrumentality of the state, a county,	40
city, village, or township, the five state retirement systems, or	41
any other governmental entity. "Public agency" does not include a	42
department, division, institution, board, commission, authority,	43
or other instrumentality of the state or a county, municipal	44
corporation, township, or other governmental entity that functions	45
exclusively for cultural, educational, historical, humanitarian,	46
advisory, or research purposes; that does not expend more than ten	47
thousand dollars per calendar year, excluding salaries and wages	48
of employees; and whose members are uncompensated. "Public agency"	49
does not include the nonprofit corporation formed under section	50
187.01 of the Revised Code.	51

(D) "Immediate family" means a spouse residing in the	52
person's household and any dependent child.	53

(E) "Income" includes gross income as defined and used in the	54
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as	55
amended, interest and dividends on obligations or securities of	56
any state or of any political subdivision or authority of any	57
state or political subdivision, and interest or dividends on	58
obligations of any authority, commission, or instrumentality of	59
the United States.	60

(F) Except as otherwise provided in division (A) of section	61
102.08 of the Revised Code, "appropriate ethics commission" means:	62

(1) For matters relating to members of the general assembly,	63
employees of the general assembly, employees of the legislative	64
service commission, and candidates for the office of member of the	65
general assembly, the joint legislative ethics committee;	66

(2) For matters relating to judicial officers and employees,	67
and candidates for judicial office, the board of commissioners on	68
grievances and discipline of the supreme court;	69

(3) For matters relating to all other persons, the Ohio	70
ethics commission.	71

(G) "Anything of value" has the same meaning as provided in	72
section 1.03 of the Revised Code and includes, but is not limited	73
to, a contribution as defined in section 3517.01 of the Revised	74
Code.	75

(H) "Honorarium" means any payment made in consideration for	76
any speech given, article published, or attendance at any public	77
or private conference, convention, meeting, social event, meal, or	78
similar gathering. "Honorarium" does not include ceremonial gifts	79
or awards that have insignificant monetary value; unsolicited	80
gifts of nominal value or trivial items of informational value; or	81
earned income from any person, other than a legislative agent, for	82
personal services that are customarily provided in connection with	83
the practice of a bona fide business, if that business initially	84
began before the public official or employee conducting that	85
business was elected or appointed to the public official's or	86
employee's office or position of employment.	87

(I) "Employer" means any person who, directly or indirectly,	88
engages an executive agency lobbyist or legislative agent.	89

(J) "Executive agency decision," "executive agency lobbyist,"	90
and "executive agency lobbying activity" have the same meanings as	91
in section 121.60 of the Revised Code.	92

(K) "Legislation," "legislative agent," "financial	93
transaction," and "actively advocate" have the same meanings as in	94
section 101.70 of the Revised Code.	95

(L) "Expenditure" has the same meaning as in section 101.70	96
of the Revised Code when used in relation to activities of a	97
legislative agent, and the same meaning as in section 121.60 of	98
the Revised Code when used in relation to activities of an	99
executive agency lobbyist.	100

Sec. 102.02. (A) Except as otherwise provided in division	101
(H) of this section, all of the following shall file with the	102
appropriate ethics commission the disclosure statement described	103
in this division on a form prescribed by the appropriate	104
commission: every person who is elected to or is a candidate for a	105
state, county, or city office and every person who is appointed to	106
fill a vacancy for an unexpired term in such an elective office;	107
all members of the state board of education; the director,	108
assistant directors, deputy directors, division chiefs, or persons	109
of equivalent rank of any administrative department of the state;	110
the president or other chief administrative officer of every state	111
institution of higher education as defined in section 3345.011 of	112
the Revised Code; the executive director and the members of the	113
capitol square review and advisory board appointed or employed	114
pursuant to section 105.41 of the Revised Code; all members of the	115
Ohio casino control commission, the executive director of the	116
commission, all professional employees of the commission, and all	117
technical employees of the commission who perform an internal	118
audit function; the individuals set forth in division (B)(2) of	119
section 187.03 of the Revised Code; the chief executive officer	120
and the members of the board of each state retirement system; each	121
employee of a state retirement board who is a state retirement	122
system investment officer licensed pursuant to section 1707.163 of	123
the Revised Code; the members of the Ohio retirement study council	124
appointed pursuant to division (C) of section 171.01 of the	125
Revised Code; employees of the Ohio retirement study council,	126
other than employees who perform purely administrative or clerical	127
functions; the administrator of workers' compensation and each	128
member of the bureau of workers' compensation board of directors;	129
the bureau of workers' compensation director of investments; the	130
chief investment officer of the bureau of workers' compensation;	131
the director appointed by the workers' compensation council; all	132
members of the board of commissioners on grievances and discipline	133
of the supreme court and the ethics commission created under	134
section 102.05 of the Revised Code; every business manager,	135
treasurer, or superintendent of a city, local, exempted village,	136
joint vocational, or cooperative education school district or an	137
educational service center; every person who is elected to or is a	138
candidate for the office of member of a board of education of a	139
city, local, exempted village, joint vocational, or cooperative	140
education school district or of a governing board of an	141
educational service center that has a total student count of	142
twelve thousand or more as most recently determined by the	143
department of education pursuant to section 3317.03 of the Revised	144
Code; every person who is appointed to the board of education of a	145
municipal school district pursuant to division (B) or (F) of	146
section 3311.71 of the Revised Code; all members of the board of	147
directors of a sanitary district that is established under Chapter	148
6115. of the Revised Code and organized wholly for the purpose of	149
providing a water supply for domestic, municipal, and public use,	150
and that includes two municipal corporations in two counties;	151
every public official or employee who is paid a salary or wage in	152
accordance with schedule C of section 124.15 or schedule E-2 of	153
section 124.152 of the Revised Code; members of the board of	154
trustees and the executive director of the southern Ohio	155
agricultural and community development foundation; all members	156
appointed to the Ohio livestock care standards board under section	157
904.02 of the Revised Code; and every other public official or	158
employee who is designated by the appropriate ethics commission	159
pursuant to division (B) of this section.	160

The disclosure statement shall include all of the following:

161

(1) The name of the person filing the statement and each	162
member of the person's immediate family and all names under which	163
the person or members of the person's immediate family do	164
business;	165

(2)(a) Subject to divisions (A)(2)(b) and (c) of this section	166
and except as otherwise provided in section 102.022 of the Revised	167
Code, identification of every source of income, other than income	168
from a legislative agent identified in division (A)(2)(b) of this	169
section, received during the preceding calendar year, in the	170
person's own name or by any other person for the person's use or	171
benefit, by the person filing the statement, and a brief	172
description of the nature of the services for which the income was	173
received. If the person filing the statement is a member of the	174
general assembly, the statement shall identify the amount of every	175
source of income received in accordance with the following ranges	176
of amounts: zero or more, but less than one thousand dollars; one	177
thousand dollars or more, but less than ten thousand dollars; ten	178
thousand dollars or more, but less than twenty-five thousand	179
dollars; twenty-five thousand dollars or more, but less than fifty	180
thousand dollars; fifty thousand dollars or more, but less than	181
one hundred thousand dollars; and one hundred thousand dollars or	182
more. Division (A)(2)(a) of this section shall not be construed to	183
require a person filing the statement who derives income from a	184
business or profession to disclose the individual items of income	185
that constitute the gross income of that business or profession,	186
except for those individual items of income that are attributable	187
to the person's or, if the income is shared with the person, the	188
partner's, solicitation of services or goods or performance,	189
arrangement, or facilitation of services or provision of goods on	190
behalf of the business or profession of clients, including	191
corporate clients, who are legislative agents. A person who files	192
the statement under this section shall disclose the identity of	193
and the amount of income received from a person who the public	194
official or employee knows or has reason to know is doing or	195
seeking to do business of any kind with the public official's or	196
employee's agency.	197

(b) If the person filing the statement is a member of the	198
general assembly, the statement shall identify every source of	199
income and the amount of that income that was received from a	200
legislative agent during the preceding calendar year, in the	201
person's own name or by any other person for the person's use or	202
benefit, by the person filing the statement, and a brief	203
description of the nature of the services for which the income was	204
received. Division (A)(2)(b) of this section requires the	205
disclosure of clients of attorneys or persons licensed under	206
section 4732.12 of the Revised Code, or patients of persons	207
certified under section 4731.14 of the Revised Code, if those	208
clients or patients are legislative agents. Division (A)(2)(b) of	209
this section requires a person filing the statement who derives	210
income from a business or profession to disclose those individual	211
items of income that constitute the gross income of that business	212
or profession that are received from legislative agents.	213

(c) Except as otherwise provided in division (A)(2)(c) of	214
this section, division (A)(2)(a) of this section applies to	215
attorneys, physicians, and other persons who engage in the	216
practice of a profession and who, pursuant to a section of the	217
Revised Code, the common law of this state, a code of ethics	218
applicable to the profession, or otherwise, generally are required	219
not to reveal, disclose, or use confidences of clients, patients,	220
or other recipients of professional services except under	221
specified circumstances or generally are required to maintain	222
those types of confidences as privileged communications except	223
under specified circumstances. Division (A)(2)(a) of this section	224
does not require an attorney, physician, or other professional	225
subject to a confidentiality requirement as described in division	226
(A)(2)(c) of this section to disclose the name, other identity, or	227
address of a client, patient, or other recipient of professional	228
services if the disclosure would threaten the client, patient, or	229
other recipient of professional services, would reveal details of	230
the subject matter for which legal, medical, or professional	231
advice or other services were sought, or would reveal an otherwise	232
privileged communication involving the client, patient, or other	233
recipient of professional services. Division (A)(2)(a) of this	234
section does not require an attorney, physician, or other	235
professional subject to a confidentiality requirement as described	236
in division (A)(2)(c) of this section to disclose in the brief	237
description of the nature of services required by division	238
(A)(2)(a) of this section any information pertaining to specific	239
professional services rendered for a client, patient, or other	240
recipient of professional services that would reveal details of	241
the subject matter for which legal, medical, or professional	242
advice was sought or would reveal an otherwise privileged	243
communication involving the client, patient, or other recipient of	244
professional services.	245

(3) The name of every corporation on file with the secretary	246
of state that is incorporated in this state or holds a certificate	247
of compliance authorizing it to do business in this state, trust,	248
business trust, partnership, or association that transacts	249
business in this state in which the person filing the statement or	250
any other person for the person's use and benefit had during the	251
preceding calendar year an investment of over one thousand dollars	252
at fair market value as of the thirty-first day of December of the	253
preceding calendar year, or the date of disposition, whichever is	254
earlier, or in which the person holds any office or has a	255
fiduciary relationship, and a description of the nature of the	256
investment, office, or relationship. Division (A)(3) of this	257
section does not require disclosure of the name of any bank,	258
savings and loan association, credit union, or building and loan	259
association with which the person filing the statement has a	260
deposit or a withdrawable share account.	261

(4) All fee simple and leasehold interests to which the	262
person filing the statement holds legal title to or a beneficial	263
interest in real property located within the state, excluding the	264
person's residence and property used primarily for personal	265
recreation;	266

(5) The names of all persons residing or transacting business	267
in the state to whom the person filing the statement owes, in the	268
person's own name or in the name of any other person, more than	269
one thousand dollars. Division (A)(5) of this section shall not be	270
construed to require the disclosure of debts owed by the person	271
resulting from the ordinary conduct of a business or profession or	272
debts on the person's residence or real property used primarily	273
for personal recreation, except that the superintendent of	274
financial institutions shall disclose the names of all	275
state-chartered savings and loan associations and of all service	276
corporations subject to regulation under division (E)(2) of	277
section 1151.34 of the Revised Code to whom the superintendent in	278
the superintendent's own name or in the name of any other person	279
owes any money, and that the superintendent and any deputy	280
superintendent of banks shall disclose the names of all	281
state-chartered banks and all bank subsidiary corporations subject	282
to regulation under section 1109.44 of the Revised Code to whom	283
the superintendent or deputy superintendent owes any money.	284

(6) The names of all persons residing or transacting business	285
in the state, other than a depository excluded under division	286
(A)(3) of this section, who owe more than one thousand dollars to	287
the person filing the statement, either in the person's own name	288
or to any person for the person's use or benefit. Division (A)(6)	289
of this section shall not be construed to require the disclosure	290
of clients of attorneys or persons licensed under section 4732.12	291
or 4732.15 of the Revised Code, or patients of persons certified	292
under section 4731.14 of the Revised Code, nor the disclosure of	293
debts owed to the person resulting from the ordinary conduct of a	294
business or profession.	295

(7) Except as otherwise provided in section 102.022 of the	296
Revised Code, the source of each gift of over seventy-five	297
dollars, or of each gift of over twenty-five dollars received by a	298
member of the general assembly from a legislative agent, received	299
by the person in the person's own name or by any other person for	300
the person's use or benefit during the preceding calendar year,	301
except gifts received by will or by virtue of section 2105.06 of	302
the Revised Code, or received from spouses, parents, grandparents,	303
children, grandchildren, siblings, nephews, nieces, uncles, aunts,	304
brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law,	305
fathers-in-law, mothers-in-law, or any person to whom the person	306
filing the statement stands in loco parentis, or received by way	307
of distribution from any inter vivos or testamentary trust	308
established by a spouse or by an ancestor;	309

(8) Except as otherwise provided in section 102.022 of the	310
Revised Code, identification of the source and amount of every	311
payment of expenses incurred for travel to destinations inside or	312
outside this state that is received by the person in the person's	313
own name or by any other person for the person's use or benefit	314
and that is incurred in connection with the person's official	315
duties, except for expenses for travel to meetings or conventions	316
of a national or state organization to which any state agency,	317
including, but not limited to, any legislative agency or state	318
institution of higher education as defined in section 3345.011 of	319
the Revised Code, pays membership dues, or any political	320
subdivision or any office or agency of a political subdivision	321
pays membership dues;	322

(9) Except as otherwise provided in section 102.022 of the	323
Revised Code, identification of the source of payment of expenses	324
for meals and other food and beverages, other than for meals and	325
other food and beverages provided at a meeting at which the person	326
participated in a panel, seminar, or speaking engagement or at a	327
meeting or convention of a national or state organization to which	328
any state agency, including, but not limited to, any legislative	329
agency or state institution of higher education as defined in	330
section 3345.011 of the Revised Code, pays membership dues, or any	331
political subdivision or any office or agency of a political	332
subdivision pays membership dues, that are incurred in connection	333
with the person's official duties and that exceed one hundred	334
dollars aggregated per calendar year;	335

(10) If the disclosure statement is filed by a public	336
official or employee described in division (B)(2) of section	337
101.73 of the Revised Code or division (B)(2) of section 121.63 of	338
the Revised Code who receives a statement from a legislative	339
agent, executive agency lobbyist, or employer that contains the	340
information described in division (F)(2) of section 101.73 of the	341
Revised Code or division (G)(2) of section 121.63 of the Revised	342
Code, all of the nondisputed information contained in the	343
statement delivered to that public official or employee by the	344
legislative agent, executive agency lobbyist, or employer under	345
division (F)(2) of section 101.73 or (G)(2) of section 121.63 of	346
the Revised Code.	347

A person may file a statement required by this section in	348
person or by mail. A person who is a candidate for elective office	349
shall file the statement no later than the thirtieth day before	350
the primary, special, or general election at which the candidacy	351
is to be voted on, whichever election occurs soonest, except that	352
a person who is a write-in candidate shall file the statement no	353
later than the twentieth day before the earliest election at which	354
the person's candidacy is to be voted on. A person who holds	355
elective office shall file the statement on or before the	356
fifteenth day of April of each year unless the person is a	357
candidate for office. A person who is appointed to fill a vacancy	358
for an unexpired term in an elective office shall file the	359
statement within fifteen days after the person qualifies for	360
office. Other persons shall file an annual statement on or before	361
the fifteenth day of April or, if appointed or employed after that	362
date, within ninety days after appointment or employment. No	363
person shall be required to file with the appropriate ethics	364
commission more than one statement or pay more than one filing fee	365
for any one calendar year.	366

The appropriate ethics commission, for good cause, may extend	367
for a reasonable time the deadline for filing a statement under	368
this section.	369

A statement filed under this section is subject to public	370
inspection at locations designated by the appropriate ethics	371
commission except as otherwise provided in this section.	372

(B) The Ohio ethics commission, the joint legislative ethics	373
committee, and the board of commissioners on grievances and	374
discipline of the supreme court, using the rule-making procedures	375
of Chapter 119. of the Revised Code, may require any class of	376
public officials or employees under its jurisdiction and not	377
specifically excluded by this section whose positions involve a	378
substantial and material exercise of administrative discretion in	379
the formulation of public policy, expenditure of public funds,	380
enforcement of laws and rules of the state or a county or city, or	381
the execution of other public trusts, to file an annual statement	382
on or before the fifteenth day of April under division (A) of this	383
section. The appropriate ethics commission shall send the public	384
officials or employees written notice of the requirement by the	385
fifteenth day of February of each year the filing is required	386
unless the public official or employee is appointed after that	387
date, in which case the notice shall be sent within thirty days	388
after appointment, and the filing shall be made not later than	389
ninety days after appointment.	390

Except for disclosure statements filed by members of the	391
board of trustees and the executive director of the southern Ohio	392
agricultural and community development foundation, disclosure	393
statements filed under this division with the Ohio ethics	394
commission by members of boards, commissions, or bureaus of the	395
state for which no compensation is received other than reasonable	396
and necessary expenses shall be kept confidential. Disclosure	397
statements filed with the Ohio ethics commission under division	398
(A) of this section by business managers, treasurers, and	399
superintendents of city, local, exempted village, joint	400
vocational, or cooperative education school districts or	401
educational service centers shall be kept confidential, except	402
that any person conducting an audit of any such school district or	403
educational service center pursuant to section 115.56 or Chapter	404
117. of the Revised Code may examine the disclosure statement of	405
any business manager, treasurer, or superintendent of that school	406
district or educational service center. Disclosure statements	407
filed with the Ohio ethics commission under division (A) of this	408
section by the individuals set forth in division (B)(2) of section	409
187.03 of the Revised Code shall be kept confidential. The Ohio	410
ethics commission shall examine each disclosure statement required	411
to be kept confidential to determine whether a potential conflict	412
of interest exists for the person who filed the disclosure	413
statement. A potential conflict of interest exists if the private	414
interests of the person, as indicated by the person's disclosure	415
statement, might interfere with the public interests the person is	416
required to serve in the exercise of the person's authority and	417
duties in the person's office or position of employment. If the	418
commission determines that a potential conflict of interest	419
exists, it shall notify the person who filed the disclosure	420
statement and shall make the portions of the disclosure statement	421
that indicate a potential conflict of interest subject to public	422
inspection in the same manner as is provided for other disclosure	423
statements. Any portion of the disclosure statement that the	424
commission determines does not indicate a potential conflict of	425
interest shall be kept confidential by the commission and shall	426
not be made subject to public inspection, except as is necessary	427
for the enforcement of Chapters 102. and 2921. of the Revised Code	428
and except as otherwise provided in this division.	429

(C) No person shall knowingly fail to file, on or before the	430
applicable filing deadline established under this section, a	431
statement that is required by this section.	432

(D) No person shall knowingly file a false statement that is	433
required to be filed under this section.	434

(E)(1) Except as provided in divisions (E)(2) and (3) of this	435
section, the statement required by division (A) or (B) of this	436
section shall be accompanied by a filing fee of forty dollars.	437

(2) The statement required by division (A) of this section	438
shall be accompanied by the following filing fee to be paid by the	439
person who is elected or appointed to, or is a candidate for, any	440
of the following offices:	441

For state office, except member of the		442
state board of education	$65	443
For office of member of general assembly	$40	444
For county office	$40	445
For city office	$25	446
For office of member of the state board		447
of education	$25	448
For office of member of the Ohio		449
livestock care standards board	$25	450
For office of member of a city, local,		451
exempted village, or cooperative		452
education board of		453
education or educational service		454
center governing board	$20	455
For position of business manager,		456
treasurer, or superintendent of a		457
city, local, exempted village, joint		458
vocational, or cooperative education		459
school district or		460
educational service center	$20	461

(3) No judge of a court of record or candidate for judge of a	462
court of record, and no referee or magistrate serving a court of	463
record, shall be required to pay the fee required under division	464
(E)(1) or (2) or (F) of this section.	465

(4) For any public official who is appointed to a nonelective	466
office of the state and for any employee who holds a nonelective	467
position in a public agency of the state, the state agency that is	468
the primary employer of the state official or employee shall pay	469
the fee required under division (E)(1) or (F) of this section.	470

(F) If a statement required to be filed under this section is	471
not filed by the date on which it is required to be filed, the	472
appropriate ethics commission shall assess the person required to	473
file the statement a late filing fee of ten dollars for each day	474
the statement is not filed, except that the total amount of the	475
late filing fee shall not exceed two hundred fifty dollars.	476

(G)(1) The appropriate ethics commission other than the Ohio	477
ethics commission and the joint legislative ethics committee shall	478
deposit all fees it receives under divisions (E) and (F) of this	479
section into the general revenue fund of the state.	480

(2) The Ohio ethics commission shall deposit all receipts,	481
including, but not limited to, fees it receives under divisions	482
(E) and (F) of this section and all moneys it receives from	483
settlements under division (G) of section 102.06 of the Revised	484
Code, into the Ohio ethics commission fund, which is hereby	485
created in the state treasury. All moneys credited to the fund	486
shall be used solely for expenses related to the operation and	487
statutory functions of the commission.	488

(3) The joint legislative ethics committee shall deposit all	489
receipts it receives from the payment of financial disclosure	490
statement filing fees under divisions (E) and (F) of this section	491
into the joint legislative ethics committee investigative fund.	492

(H) Division (A) of this section does not apply to a person	493
elected or appointed to the office of precinct, ward, or district	494
committee member under Chapter 3517. of the Revised Code; a	495
presidential elector; a delegate to a national convention; village	496
or township officials and employees; any physician or psychiatrist	497
who is paid a salary or wage in accordance with schedule C of	498
section 124.15 or schedule E-2 of section 124.152 of the Revised	499
Code and whose primary duties do not require the exercise of	500
administrative discretion; or any member of a board, commission,	501
or bureau of any county or city who receives less than one	502
thousand dollars per year for serving in that position.	503

Sec. 102.022. Each person who is an officer or employee of a	504
political subdivision, who receives compensation of less than	505
sixteen thousand dollars a year for holding an office or position	506
of employment with that political subdivision, and who is required	507
to file a statement under section 102.02 of the Revised Code~~, and~~;	508
each member of the board of trustees of a state institution of	509
higher education as defined in section 3345.011 of the Revised	510
Code who is required to file a statement under section 102.02 of	511
the Revised Code; and each individual set forth in division (B)(2)	512
of section 187.03 of the Revised Code who is required to file a	513
statement under section 102.02 of the Revised Code, shall include	514
in that statement, in place of the information required by	515
divisions (A)(2), (7), (8), and (9) of that section, the following	516
information:	517

(A) Exclusive of reasonable expenses, identification of every	518
source of income over five hundred dollars received during the	519
preceding calendar year, in the officer's or employee's own name	520
or by any other person for the officer's or employee's use or	521
benefit, by the person filing the statement, and a brief	522
description of the nature of the services for which the income was	523
received. This division shall not be construed to require the	524
disclosure of clients of attorneys or persons licensed under	525
section 4732.12 or 4732.15 of the Revised Code or patients of	526
persons certified under section 4731.14 of the Revised Code. This	527
division shall not be construed to require a person filing the	528
statement who derives income from a business or profession to	529
disclose the individual items of income that constitute the gross	530
income of the business or profession.	531

(B) The source of each gift of over five hundred dollars	532
received by the person in the officer's or employee's own name or	533
by any other person for the officer's or employee's use or benefit	534
during the preceding calendar year, except gifts received by will	535
or by virtue of section 2105.06 of the Revised Code, received from	536
parents, grandparents, children, grandchildren, siblings, nephews,	537
nieces, uncles, aunts, brothers-in-law, sisters-in-law,	538
sons-in-law, daughters-in-law, fathers-in-law, mothers-in-law, or	539
any person to whom the person filing the statement stands in loco	540
parentis, or received by way of distribution from any inter vivos	541
or testamentary trust established by a spouse or by an ancestor.	542

Sec. 117.01. As used in this chapter:

543

(A) "Color of office" means actually, purportedly, or	544
allegedly done under any law, ordinance, resolution, order, or	545
other pretension to official right, power, or authority.	546

(B) "Public accountant" means any person who is authorized by	547
Chapter 4701. of the Revised Code to use the designation of	548
certified public accountant or who was registered prior to January	549
1, 1971, as a public accountant.	550

(C) "Public money" means any money received, collected by, or	551
due a public official under color of office, as well as any money	552
collected by any individual on behalf of a public office or as a	553
purported representative or agent of the public office.	554

(D) "Public office" means any state agency, public	555
institution, political subdivision, other organized body, office,	556
agency, institution, or entity established by the laws of this	557
state for the exercise of any function of government. "Public	558
office" does not include the nonprofit corporation formed under	559
section 187.01 of the Revised Code.	560

(E) "Public official" means any officer, employee, or duly	561
authorized representative or agent of a public office.	562

(F) "State agency" means every organized body, office,	563
agency, institution, or other entity established by the laws of	564
the state for the exercise of any function of state government.	565

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

566

(1) Any examination, analysis, or inspection of the state's	567
or a public office's financial statements or reports;	568

(2) Any examination, analysis, or inspection of records,	569
documents, books, or any other evidence relating to either of the	570
following:	571

(a) The collection, receipt, accounting, use, or expenditure	572
of public money by a public office or by a private institution,	573
association, board, or corporation;	574

(b) The determination by the auditor of state, as required by	575
section 117.11 of the Revised Code, of whether a public office has	576
complied with all the laws, rules, ordinances, or orders	577
pertaining to the public office.	578

(3) Any other type of examination, analysis, or inspection of	579
a public office or of a private institution, association, board,	580
or corporation receiving public money that is conducted according	581
to generally accepted or governmental auditing standards	582
established by rule pursuant to section 117.19 of the Revised	583
Code.	584

Sec. 121.01. As used in sections 121.01 to 121.20 of the	585
Revised Code:	586

(A) "Department" means the several departments of state	587
administration enumerated in section 121.02 of the Revised Code.	588

(B) "Division" means a part of a department established as	589
provided in section 121.07 of the Revised Code for the convenient	590
performance of one or more of the functions committed to a	591
department.	592

(C) "Departments, offices, and institutions" include every	593
organized body, office, and agency established by the constitution	594
and laws of the state for the exercise of any function of the	595
state government, and every institution or organization which	596
receives any support from the state. "Departments, offices, and	597
institutions" does not include the nonprofit corporation formed	598
under section 187.01 of the Revised Code.	599

Sec. 121.22. (A) This section shall be liberally construed	600
to require public officials to take official action and to conduct	601
all deliberations upon official business only in open meetings	602
unless the subject matter is specifically excepted by law.	603

(B) As used in this section:

604

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

605

(a) Any board, commission, committee, council, or similar	606
decision-making body of a state agency, institution, or authority,	607
and any legislative authority or board, commission, committee,	608
council, agency, authority, or similar decision-making body of any	609
county, township, municipal corporation, school district, or other	610
political subdivision or local public institution;	611

(b) Any committee or subcommittee of a body described in	612
division (B)(1)(a) of this section;	613

(c) A court of jurisdiction of a sanitary district organized	614
wholly for the purpose of providing a water supply for domestic,	615
municipal, and public use when meeting for the purpose of the	616
appointment, removal, or reappointment of a member of the board of	617
directors of such a district pursuant to section 6115.10 of the	618
Revised Code, if applicable, or for any other matter related to	619
such a district other than litigation involving the district. As	620
used in division (B)(1)(c) of this section, "court of	621
jurisdiction" has the same meaning as "court" in section 6115.01	622
of the Revised Code.	623

(2) "Meeting" means any prearranged discussion of the public	624
business of the public body by a majority of its members.	625

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

626

(a) A student in a state or local public educational	627
institution;	628

(b) A person who is, voluntarily or involuntarily, an inmate,	629
patient, or resident of a state or local institution because of	630
criminal behavior, mental illness or retardation, disease,	631
disability, age, or other condition requiring custodial care.	632

(4) "Public office" has the same meaning as in section	633
149.011 of the Revised Code.	634

(C) All meetings of any public body are declared to be public	635
meetings open to the public at all times. A member of a public	636
body shall be present in person at a meeting open to the public to	637
be considered present or to vote at the meeting and for purposes	638
of determining whether a quorum is present at the meeting.	639

The minutes of a regular or special meeting of any public	640
body shall be promptly prepared, filed, and maintained and shall	641
be open to public inspection. The minutes need only reflect the	642
general subject matter of discussions in executive sessions	643
authorized under division (G) or (J) of this section.	644

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

645

(1) A grand jury;

646

(2) An audit conference conducted by the auditor of state or	647
independent certified public accountants with officials of the	648
public office that is the subject of the audit;	649

(3) The adult parole authority when its hearings are	650
conducted at a correctional institution for the sole purpose of	651
interviewing inmates to determine parole or pardon;	652

(4) The organized crime investigations commission established	653
under section 177.01 of the Revised Code;	654

(5) Meetings of a child fatality review board established	655
under section 307.621 of the Revised Code and meetings conducted	656
pursuant to sections 5153.171 to 5153.173 of the Revised Code;	657

(6) The state medical board when determining whether to	658
suspend a certificate without a prior hearing pursuant to division	659
(G) of either section 4730.25 or 4731.22 of the Revised Code;	660

(7) The board of nursing when determining whether to suspend	661
a license or certificate without a prior hearing pursuant to	662
division (B) of section 4723.281 of the Revised Code;	663

(8) The state board of pharmacy when determining whether to	664
suspend a license without a prior hearing pursuant to division (D)	665
of section 4729.16 of the Revised Code;	666

(9) The state chiropractic board when determining whether to	667
suspend a license without a hearing pursuant to section 4734.37 of	668
the Revised Code.;	669

(10) The executive committee of the emergency response	670
commission when determining whether to issue an enforcement order	671
or request that a civil action, civil penalty action, or criminal	672
action be brought to enforce Chapter 3750. of the Revised Code;	673

(11) The board of directors of the nonprofit corporation	674
formed under section 187.01 of the Revised Code or any committee	675
thereof, and the board of directors of any subsidiary of that	676
corporation or a committee thereof.	677

(E) The controlling board, the development financing advisory	678
council, the industrial technology and enterprise advisory	679
council, the tax credit authority, or the minority development	680
financing advisory board, when meeting to consider granting	681
assistance pursuant to Chapter 122. or 166. of the Revised Code,	682
in order to protect the interest of the applicant or the possible	683
investment of public funds, by unanimous vote of all board,	684
council, or authority members present, may close the meeting	685
during consideration of the following information confidentially	686
received by the authority, council, or board from the applicant:	687

(1) Marketing plans;

688

(2) Specific business strategy;

689

(3) Production techniques and trade secrets;

690

(4) Financial projections;

691

(5) Personal financial statements of the applicant or members	692
of the applicant's immediate family, including, but not limited	693
to, tax records or other similar information not open to public	694
inspection.	695

The vote by the authority, council, or board to accept or	696
reject the application, as well as all proceedings of the	697
authority, council, or board not subject to this division, shall	698
be open to the public and governed by this section.	699

(F) Every public body, by rule, shall establish a reasonable	700
method whereby any person may determine the time and place of all	701
regularly scheduled meetings and the time, place, and purpose of	702
all special meetings. A public body shall not hold a special	703
meeting unless it gives at least twenty-four hours' advance notice	704
to the news media that have requested notification, except in the	705
event of an emergency requiring immediate official action. In the	706
event of an emergency, the member or members calling the meeting	707
shall notify the news media that have requested notification	708
immediately of the time, place, and purpose of the meeting.	709

The rule shall provide that any person, upon request and	710
payment of a reasonable fee, may obtain reasonable advance	711
notification of all meetings at which any specific type of public	712
business is to be discussed. Provisions for advance notification	713
may include, but are not limited to, mailing the agenda of	714
meetings to all subscribers on a mailing list or mailing notices	715
in self-addressed, stamped envelopes provided by the person.	716

(G) Except as provided in division (J) of this section, the	717
members of a public body may hold an executive session only after	718
a majority of a quorum of the public body determines, by a roll	719
call vote, to hold an executive session and only at a regular or	720
special meeting for the sole purpose of the consideration of any	721
of the following matters:	722

(1) To consider the appointment, employment, dismissal,	723
discipline, promotion, demotion, or compensation of a public	724
employee or official, or the investigation of charges or	725
complaints against a public employee, official, licensee, or	726
regulated individual, unless the public employee, official,	727
licensee, or regulated individual requests a public hearing.	728
Except as otherwise provided by law, no public body shall hold an	729
executive session for the discipline of an elected official for	730
conduct related to the performance of the elected official's	731
official duties or for the elected official's removal from office.	732
If a public body holds an executive session pursuant to division	733
(G)(1) of this section, the motion and vote to hold that executive	734
session shall state which one or more of the approved purposes	735
listed in division (G)(1) of this section are the purposes for	736
which the executive session is to be held, but need not include	737
the name of any person to be considered at the meeting.	738

(2) To consider the purchase of property for public purposes,	739
or for the sale of property at competitive bidding, if premature	740
disclosure of information would give an unfair competitive or	741
bargaining advantage to a person whose personal, private interest	742
is adverse to the general public interest. No member of a public	743
body shall use division (G)(2) of this section as a subterfuge for	744
providing covert information to prospective buyers or sellers. A	745
purchase or sale of public property is void if the seller or buyer	746
of the public property has received covert information from a	747
member of a public body that has not been disclosed to the general	748
public in sufficient time for other prospective buyers and sellers	749
to prepare and submit offers.	750

If the minutes of the public body show that all meetings and	751
deliberations of the public body have been conducted in compliance	752
with this section, any instrument executed by the public body	753
purporting to convey, lease, or otherwise dispose of any right,	754
title, or interest in any public property shall be conclusively	755
presumed to have been executed in compliance with this section	756
insofar as title or other interest of any bona fide purchasers,	757
lessees, or transferees of the property is concerned.	758

(3) Conferences with an attorney for the public body	759
concerning disputes involving the public body that are the subject	760
of pending or imminent court action;	761

(4) Preparing for, conducting, or reviewing negotiations or	762
bargaining sessions with public employees concerning their	763
compensation or other terms and conditions of their employment;	764

(5) Matters required to be kept confidential by federal law	765
or regulations or state statutes;	766

(6) Details relative to the security arrangements and	767
emergency response protocols for a public body or a public office,	768
if disclosure of the matters discussed could reasonably be	769
expected to jeopardize the security of the public body or public	770
office;	771

(7) In the case of a county hospital operated pursuant to	772
Chapter 339. of the Revised Code, a joint township hospital	773
operated pursuant to Chapter 513. of the Revised Code, or a	774
municipal hospital operated pursuant to Chapter 749. of the	775
Revised Code, to consider trade secrets, as defined in section	776
1333.61 of the Revised Code.	777

If a public body holds an executive session to consider any	778
of the matters listed in divisions (G)(2) to (7) of this section,	779
the motion and vote to hold that executive session shall state	780
which one or more of the approved matters listed in those	781
divisions are to be considered at the executive session.	782

A public body specified in division (B)(1)(c) of this section	783
shall not hold an executive session when meeting for the purposes	784
specified in that division.	785

(H) A resolution, rule, or formal action of any kind is	786
invalid unless adopted in an open meeting of the public body. A	787
resolution, rule, or formal action adopted in an open meeting that	788
results from deliberations in a meeting not open to the public is	789
invalid unless the deliberations were for a purpose specifically	790
authorized in division (G) or (J) of this section and conducted at	791
an executive session held in compliance with this section. A	792
resolution, rule, or formal action adopted in an open meeting is	793
invalid if the public body that adopted the resolution, rule, or	794
formal action violated division (F) of this section.	795

(I)(1) Any person may bring an action to enforce this	796
section. An action under division (I)(1) of this section shall be	797
brought within two years after the date of the alleged violation	798
or threatened violation. Upon proof of a violation or threatened	799
violation of this section in an action brought by any person, the	800
court of common pleas shall issue an injunction to compel the	801
members of the public body to comply with its provisions.	802

(2)(a) If the court of common pleas issues an injunction	803
pursuant to division (I)(1) of this section, the court shall order	804
the public body that it enjoins to pay a civil forfeiture of five	805
hundred dollars to the party that sought the injunction and shall	806
award to that party all court costs and, subject to reduction as	807
described in division (I)(2) of this section, reasonable	808
attorney's fees. The court, in its discretion, may reduce an award	809
of attorney's fees to the party that sought the injunction or not	810
award attorney's fees to that party if the court determines both	811
of the following:	812

(i) That, based on the ordinary application of statutory law	813
and case law as it existed at the time of violation or threatened	814
violation that was the basis of the injunction, a well-informed	815
public body reasonably would believe that the public body was not	816
violating or threatening to violate this section;	817

(ii) That a well-informed public body reasonably would	818
believe that the conduct or threatened conduct that was the basis	819
of the injunction would serve the public policy that underlies the	820
authority that is asserted as permitting that conduct or	821
threatened conduct.	822

(b) If the court of common pleas does not issue an injunction	823
pursuant to division (I)(1) of this section and the court	824
determines at that time that the bringing of the action was	825
frivolous conduct, as defined in division (A) of section 2323.51	826
of the Revised Code, the court shall award to the public body all	827
court costs and reasonable attorney's fees, as determined by the	828
court.	829

(3) Irreparable harm and prejudice to the party that sought	830
the injunction shall be conclusively and irrebuttably presumed	831
upon proof of a violation or threatened violation of this section.	832

(4) A member of a public body who knowingly violates an	833
injunction issued pursuant to division (I)(1) of this section may	834
be removed from office by an action brought in the court of common	835
pleas for that purpose by the prosecuting attorney or the attorney	836
general.	837

(J)(1) Pursuant to division (C) of section 5901.09 of the	838
Revised Code, a veterans service commission shall hold an	839
executive session for one or more of the following purposes unless	840
an applicant requests a public hearing:	841

(a) Interviewing an applicant for financial assistance under	842
sections 5901.01 to 5901.15 of the Revised Code;	843

(b) Discussing applications, statements, and other documents	844
described in division (B) of section 5901.09 of the Revised Code;	845

(c) Reviewing matters relating to an applicant's request for	846
financial assistance under sections 5901.01 to 5901.15 of the	847
Revised Code.	848

(2) A veterans service commission shall not exclude an	849
applicant for, recipient of, or former recipient of financial	850
assistance under sections 5901.01 to 5901.15 of the Revised Code,	851
and shall not exclude representatives selected by the applicant,	852
recipient, or former recipient, from a meeting that the commission	853
conducts as an executive session that pertains to the applicant's,	854
recipient's, or former recipient's application for financial	855
assistance.	856

(3) A veterans service commission shall vote on the grant or	857
denial of financial assistance under sections 5901.01 to 5901.15	858
of the Revised Code only in an open meeting of the commission. The	859
minutes of the meeting shall indicate the name, address, and	860
occupation of the applicant, whether the assistance was granted or	861
denied, the amount of the assistance if assistance is granted, and	862
the votes for and against the granting of assistance.	863

Sec. 121.41. As used in sections 121.41 to 121.50 of the	864
Revised Code:	865

(A) "Appropriate ethics commission" has the same meaning as	866
in section 102.01 of the Revised Code.	867

(B) "Appropriate licensing agency" means a public or private	868
entity that is responsible for licensing, certifying, or	869
registering persons who are engaged in a particular vocation.	870

(C) "Person" has the same meaning as in section 1.59 of the	871
Revised Code and also includes any officer or employee of the	872
state or any political subdivision of the state.	873

(D) "State agency" has the same meaning as in section 1.60 of	874
the Revised Code and includes the Ohio casino control commission,	875
but does not include any of the following:	876

(1) The general assembly;

877

(2) Any court;

878

(3) The secretary of state, auditor of state, treasurer of	879
state, or attorney general and their respective offices.	880

(E) "State employee" means any person who is an employee of a	881
state agency, or any person who does business with the state	882
including, only for the purposes of sections 121.41 to 121.50 of	883
the Revised Code, the nonprofit corporation formed under section	884
187.01 of the Revised Code.	885

(F) "State officer" means any person who is elected or	886
appointed to a public office in a state agency.	887

(G) "Wrongful act or omission" means an act or omission,	888
committed in the course of office holding or employment, that is	889
not in accordance with the requirements of law or such standards	890
of proper governmental conduct as are commonly accepted in the	891
community and thereby subverts, or tends to subvert, the process	892
of government.	893

Sec. 121.60. As used in sections 121.60 to 121.69 of the	894
Revised Code:	895

(A) "Person" and "compensation" have the same meanings as in	896
section 101.70 of the Revised Code.	897

(B) "Expenditure" means any of the following that is made to,	898
at the request of, for the benefit of, or on behalf of an elected	899
executive official, the director of a department created under	900
section 121.02 of the Revised Code, an executive agency official,	901
or a member of the staff of any public officer or employee listed	902
in this division:	903

(1) A payment, distribution, loan, advance, deposit,	904
reimbursement, or gift of money, real estate, or anything of	905
value, including, but not limited to, food and beverages,	906
entertainment, lodging, transportation, or honorariums;	907

(2) A contract, promise, or agreement to make an expenditure,	908
whether or not legally enforceable;	909

(3) The purchase, sale, or gift of services or any other	910
thing of value. "Expenditure" does not include a contribution,	911
gift, or grant to a foundation or other charitable organization	912
that is exempt from federal income taxation under subsection	913
501(c)(3) of the Internal Revenue Code. "Expenditure" does not	914
include the purchase, sale, or gift of services or any other thing	915
of value that is available to the general public on the same terms	916
as it is available to the persons listed in this division, or an	917
offer or sale of securities to any person listed in this division	918
that is governed by regulation D, 17 C.F.R. 230.501 to 230.508,	919
adopted under the authority of the "Securities Act of 1933," 48	920
Stat. 74, 15 U.S.C.A. and following, or that is governed by a	921
comparable provision under state law.	922

(C) "Employer" means any person who, directly or indirectly,	923
engages an executive agency lobbyist.	924

(D) "Engage" means to make any arrangement, and "engagement"	925
means arrangement, whereby an individual is employed or retained	926
for compensation to act for or on behalf of an employer to	927
influence executive agency decisions or to conduct any executive	928
agency lobbying activity.	929

(E) "Financial transaction" means a transaction or activity	930
that is conducted or undertaken for profit and arises from the	931
joint ownership or the ownership or part ownership in common of	932
any real or personal property or any commercial or business	933
enterprise of whatever form or nature between the following:	934

(1) An executive agency lobbyist, the executive agency	935
lobbyist's employer, or a member of the immediate family of the	936
executive agency lobbyist or the executive agency lobbyist's	937
employer; and	938

(2) Any elected executive official, the director of a	939
department created under section 121.02 of the Revised Code, an	940
executive agency official, or any member of the staff of a public	941
officer or employee listed in division (E)(2) of this section.	942

"Financial transaction" does not include any transaction or	943
activity described in division (E) of this section if it is	944
available to the general public on the same terms, or if it is an	945
offer or sale of securities to any person listed in division	946
(E)(2) of this section that is governed by regulation D, 17 C.F.R.	947
230.501 to 230.508, adopted under the authority of the "Securities	948
Act of 1933," 48 Stat. 74, 15 U.S.C.A. and following, or that is	949
governed by a comparable provision under state law.	950

(F) "Executive agency" means the office of an elected	951
executive official, a department created under section 121.02 of	952
the Revised Code, or any other state agency, department, board, or	953
commission controlled or directed by an elected executive official	954
or otherwise subject to an elected executive official's authority.	955
For the purposes of sections 121.60 to 121.69 of the Revised Code	956
only, "executive agency" includes the nonprofit corporation formed	957
under section 187.01 of the Revised Code. "Executive agency" does	958
not include any court, the general assembly, or the controlling	959
board.	960

(G) "Executive agency decision" means a decision of an	961
executive agency regarding the expenditure of funds of the state	962
or of an executive agency with respect to the award of a contract,	963
grant, lease, or other financial arrangement under which such	964
funds are distributed or allocated, or a regulatory decision of an	965
executive agency or any board or commission of the state.	966
"Executive agency decision" does not include either of the	967
following:	968

(1) A purchasing decision for which a vendor has filed a	969
statement certifying that the vendor has not made campaign	970
contributions in an amount such that section 3517.13 of the	971
Revised Code would invalidate the decision, if that vendor has not	972
engaged an executive agency lobbyist;	973

(2) The award of a competitively bid contract for which bid	974
specifications were prepared and for which at least three eligible	975
competitive bids were received by the executive agency.	976

(H) "Executive agency lobbyist" means any person engaged to	977
influence executive agency decisions or to conduct executive	978
agency lobbying activity as one of the person's main purposes on a	979
regular and substantial basis. "Executive agency lobbyist" does	980
not include an elected or appointed officer or employee of a	981
federal or state agency, state college, state university, or	982
political subdivision who attempts to influence or affect	983
executive agency decisions in a fiduciary capacity as a	984
representative of the officer's or employee's agency, college,	985
university, or political subdivision.	986

(I) "Executive agency lobbying activity" means contacts made	987
to promote, oppose, or otherwise influence the outcome of an	988
executive agency decision by direct communication with ~~an elected~~	989
~~executive official, the director of any department listed in~~	990
~~section 121.02 of the Revised Code, any executive agency official,~~	991
~~a member of the staff of any public officer or employee listed in~~	992
~~this division,~~any person described in division (E)(2) of this	993
section, or the Ohio casino control commission. "Lobbying	994
activity" does not include any of the following:	995

(1) The action of any person having a direct interest in	996
executive agency decisions who, under Section 3 of Article I, Ohio	997
Constitution, assembles together with other persons to consult for	998
their common good, instructs a person listed in the first	999
paragraph of division (I) of this section, or petitions such a	1000
person for the redress of grievances;	1001

(2) Contacts made for the sole purpose of gathering	1002
information contained in a public record;	1003

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

1004

(J) "Executive agency official" means an officer or employee	1005
of an executive agency whose principal duties are to formulate	1006
policy or to participate directly or indirectly in the	1007
preparation, review, or award of contracts, grants, leases, or	1008
other financial arrangements with an executive agency.	1009

(K) "Aggrieved party" means a party entitled to resort to a	1010
remedy.	1011

(L) "Elected executive official" means the governor,	1012
lieutenant governor, secretary of state, auditor of state,	1013
treasurer of state, and the attorney general.	1014

(M) "Staff" means any officer or employee of an executive	1015
agency whose official duties are to formulate policy and who	1016
exercises administrative or supervisory authority or who	1017
authorizes the expenditure of state funds.	1018

Sec. 121.67. (A) Except as provided in division (B) of this	1019
section, no person shall engage any person to influence executive	1020
agency decisions or conduct executive agency lobbying activity for	1021
compensation that is contingent in any way on the outcome of an	1022
executive agency decision and no person shall accept any	1023
engagement to influence executive agency decisions or conduct	1024
executive agency lobbying activity for compensation that is	1025
contingent in any way on the outcome of an executive agency	1026
decision.	1027

(B) Division (A) of this section does not prohibit and shall	1028
not be construed to prohibit any person from compensating ~~his~~the	1029
person's sales employees pursuant to an incentive compensation	1030
plan, such as commission sales, if the incentive compensation plan	1031
is the same plan used to compensate similarly situated sales	1032
employees who are not executive agency lobbyists.	1033

(C) No state elected officer or staff member shall receive or	1034
agree to receive directly or indirectly compensation other than	1035
from the agency with which the person serves for any service	1036
rendered or to be rendered by the person personally in any case,	1037
proceeding, application, or other matter that is before the	1038
nonprofit corporation formed under section 187.01 of the Revised	1039
Code. For purposes of this division, "state elected officer" means	1040
any elected officer of this state and "staff member" means any	1041
staff as defined in section 101.70 or in section 121.60 of the	1042
Revised Code.	1043

Sec. 122.011. (A) The department of development shall	1044
develop and promote plans and programs designed to assure that	1045
state resources are efficiently used, economic growth is properly	1046
balanced, community growth is developed in an orderly manner, and	1047
local governments are coordinated with each other and the state,	1048
and for such purposes may do all of the following:	1049

(1) Serve as a clearinghouse for information, data, and other	1050
materials that may be helpful or necessary to persons or local	1051
governments, as provided in section 122.07 of the Revised Code;	1052

(2) Prepare and activate plans for the retention,	1053
development, expansion, and use of the resources and commerce of	1054
the state, as provided in section 122.04 of the Revised Code;	1055

(3) Assist and cooperate with federal, state, and local	1056
governments and agencies of federal, state, and local governments	1057
in the coordination of programs to carry out the functions and	1058
duties of the department;	1059

(4) Encourage and foster research and development activities,	1060
conduct studies related to the solution of community problems, and	1061
develop recommendations for administrative or legislative actions,	1062
as provided in section 122.03 of the Revised Code;	1063

(5) Serve as the economic and community development planning	1064
agency, which shall prepare and recommend plans and programs for	1065
the orderly growth and development of this state and which shall	1066
provide planning assistance, as provided in section 122.06 of the	1067
Revised Code;	1068

(6) Cooperate with and provide technical assistance to state	1069
departments, political subdivisions, regional and local planning	1070
commissions, tourist associations, councils of government,	1071
community development groups, community action agencies, and other	1072
appropriate organizations for carrying out the functions and	1073
duties of the department or for the solution of community	1074
problems;	1075

(7) Coordinate the activities of state agencies that have an	1076
impact on carrying out the functions and duties of the department;	1077

(8) Encourage and assist the efforts of and cooperate with	1078
local governments to develop mutual and cooperative solutions to	1079
their common problems that relate to carrying out the purposes of	1080
this section;	1081

(9) Study existing structure, operations, and financing of	1082
regional or local government and those state activities that	1083
involve significant relations with regional or local governmental	1084
units, recommend to the governor and to the general assembly such	1085
changes in these provisions and activities as will improve the	1086
operations of regional or local government, and conduct other	1087
studies of legal provisions that affect problems related to	1088
carrying out the purposes of this section;	1089

(10) Create and operate a division of community development	1090
to develop and administer programs and activities that are	1091
authorized by federal statute or the Revised Code;	1092

(11) Until October 15, 2007, establish fees and charges, in	1093
consultation with the director of agriculture, for purchasing	1094
loans from financial institutions and providing loan guarantees	1095
under the family farm loan program created under sections 901.80	1096
to 901.83 of the Revised Code;	1097

(12) Provide loan servicing for the loans purchased and loan	1098
guarantees provided under section 901.80 of the Revised Code as	1099
that section existed prior to October 15, 2007;	1100

(13) Until October 15, 2007, and upon approval by the	1101
controlling board under division (A)(3) of section 901.82 of the	1102
Revised Code of the release of money to be used for purchasing a	1103
loan or providing a loan guarantee, request the release of that	1104
money in accordance with division (B) of section 166.03 of the	1105
Revised Code for use for the purposes of the fund created by	1106
section 166.031 of the Revised Code.	1107

(14) Allocate that portion of the national recovery zone	1108
economic development bond limitation and that portion of the	1109
national recovery zone facility bond limitation that has been	1110
allocated to the state under section 1400U-1 of the Internal	1111
Revenue Code, 26 U.S.C. 1400U-1. If any county or municipal	1112
corporation waives any portion of an allocation it receives under	1113
division (A)(14) of this section, the department may reallocate	1114
that amount. Any allocation or reallocation shall be made in	1115
accordance with this section and section 1400U-1 of the Internal	1116
Revenue Code.	1117

(B) The director of development may request the attorney	1118
general to, and the attorney general, in accordance with section	1119
109.02 of the Revised Code, shall bring a civil action in any	1120
court of competent jurisdiction. The director may be sued in the	1121
director's official capacity, in connection with this chapter, in	1122
accordance with Chapter 2743. of the Revised Code.	1123

(C) The director of development shall execute a contract	1124
pursuant to section 187.04 of the Revised Code with the nonprofit	1125
corporation formed under section 187.01 of the Revised Code, and	1126
may execute any additional contracts with the corporation	1127
providing for the corporation to assist the director or department	1128
in carrying out any duties of the director or department under	1129
this chapter or under a contract with the director.	1130

Sec. 124.01. Except as otherwise provided in this chapter,	1131
as used in this chapter:	1132

(A) "Civil service" includes all offices and positions of	1133
trust or employment in the service of the state and in the service	1134
of the counties, cities, city health districts, general health	1135
districts, and city school districts of the state.	1136

(B) "State service" includes all offices and positions in	1137
the service of the state and the counties and general health	1138
districts of the state. "State service" does not include offices	1139
and positions in the service of the cities, city health districts,	1140
and city school districts of the state.	1141

(C) "Classified service" means the competitive classified	1142
civil service of the state, the several counties, cities, city	1143
health districts, general health districts, and city school	1144
districts of the state, and civil service townships.	1145

(D) "Appointing authority" means the officer, commission,	1146
board, or body having the power of appointment to, or removal	1147
from, positions in any office, department, commission, board, or	1148
institution.	1149

(E) "Commission" means the municipal civil service commission	1150
of any city, except that, when in reference to the commission that	1151
serves a city school district, "commission" means the civil	1152
service commission determined under section 124.011 of the Revised	1153
Code.	1154

(F) "Employee" means any person holding a position subject to	1155
appointment, removal, promotion, or reduction by an appointing	1156
officer. "Employee" does not include an officer, employee, or	1157
governor-appointed director of the nonprofit corporation formed	1158
under section 187.01 of the Revised Code.	1159

(G) "Civil service township" means any township with a	1160
population of ten thousand or more persons residing within the	1161
township and outside any municipal corporation, which has a police	1162
or fire department of ten or more full-time paid employees and	1163
which has a civil service commission established under division	1164
(B) of section 124.40 of the Revised Code.	1165

(H) "Flexible hours employee" means an employee who may work	1166
more or less than eight hours on any given day so long as the	1167
employee works forty hours in the same week.	1168

(I) "Classification series" means any group of classification	1169
titles that have the identical name but different numerical	1170
designations, or identical titles except for designated levels of	1171
supervision, except for those classification series established by	1172
the director of administrative services in accordance with	1173
division (A) of section 124.14 of the Revised Code.	1174

(J) "Classification change" means a change in an employee's	1175
classification in the job classification plan.	1176

(K) "Service of the state" or "civil service of the state"	1177
includes all offices and positions of trust or employment with the	1178
government of the state. "Service of the state" and "civil service	1179
of the state" do not include offices and positions of trust or	1180
employment with state-supported colleges and universities,	1181
counties, cities, city health districts, city school districts,	1182
general health districts, ~~and~~or civil service townships of the	1183
state, or with the nonprofit corporation formed under section	1184
187.01 of the Revised Code.	1185

Sec. 145.012. (A) "Public employee," as defined in division	1186
(A) of section 145.01 of the Revised Code, does not include any	1187
person:	1188

(1) Who is employed by a private, temporary-help service and	1189
performs services under the direction of a public employer or is	1190
employed on a contractual basis as an independent contractor under	1191
a personal service contract with a public employer;	1192

(2) Who is an emergency employee serving on a temporary basis	1193
in case of fire, snow, earthquake, flood, or other similar	1194
emergency;	1195

(3) Who is employed in a program established pursuant to the	1196
"Job Training Partnership Act," 96 Stat. 1322 (1982), 29 U.S.C.A.	1197
1501;	1198

(4) Who is an appointed member of either the motor vehicle	1199
salvage dealers board or the motor vehicle dealer's board whose	1200
rate and method of payment are determined pursuant to division (J)	1201
of section 124.15 of the Revised Code;	1202

(5) Who is employed as an election worker and paid less than	1203
five hundred dollars per calendar year for that service;	1204

(6) Who is employed as a firefighter in a position requiring	1205
satisfactory completion of a firefighter training course approved	1206
under former section 3303.07 or section 4765.55 of the Revised	1207
Code or conducted under section 3737.33 of the Revised Code except	1208
for the following:	1209

(a) Any firefighter who has elected under section 145.013 of	1210
the Revised Code to remain a contributing member of the public	1211
employees retirement system;	1212

(b) Any firefighter who was eligible to transfer from the	1213
public employees retirement system to the Ohio police and fire	1214
pension fund under section 742.51 or 742.515 of the Revised Code	1215
and did not elect to transfer;	1216

(c) Any firefighter who has elected under section 742.516 of	1217
the Revised Code to transfer from the Ohio police and fire pension	1218
fund to the public employees retirement system.	1219

(7) Who is a member of the board of health of a city or	1220
general health district, which pursuant to sections 3709.051 and	1221
3709.07 of the Revised Code includes a combined health district,	1222
and whose compensation for attendance at meetings of the board is	1223
set forth in division (B) of section 3709.02 or division (B) of	1224
section 3709.05 of the Revised Code, as appropriate;	1225

(8) Who participates in an alternative retirement plan	1226
established under Chapter 3305. of the Revised Code;	1227

(9) Who is a member of the board of directors of a sanitary	1228
district established under Chapter 6115. of the Revised Code;	1229

(10) Who is a member of the unemployment compensation	1230
advisory council;	1231

(11) Who is an employee, officer, or governor-appointed	1232
member of the board of directors of the nonprofit corporation	1233
formed under section 187.01 of the Revised Code.	1234

(B) No inmate of a correctional institution operated by the	1235
department of rehabilitation and correction, no patient in a	1236
hospital for the mentally ill or criminally insane operated by the	1237
department of mental health, no resident in an institution for the	1238
mentally retarded operated by the department of developmental	1239
disabilities, no resident admitted as a patient of a veterans'	1240
home operated under Chapter 5907. of the Revised Code, and no	1241
resident of a county home shall be considered as a public employee	1242
for the purpose of establishing membership or calculating service	1243
credit or benefits under this chapter. Nothing in this division	1244
shall be construed to affect any service credit attained by any	1245
person who was a public employee before becoming an inmate,	1246
patient, or resident at any institution listed in this division,	1247
or the payment of any benefit for which such a person or such a	1248
person's beneficiaries otherwise would be eligible.	1249

Sec. 149.011. As used in this chapter, except as otherwise	1250
provided:	1251

(A) "Public office" includes any state agency, public	1252
institution, political subdivision, or other organized body,	1253
office, agency, institution, or entity established by the laws of	1254
this state for the exercise of any function of government. "Public	1255
office" does not include the nonprofit corporation formed under	1256
section 187.01 of the Revised Code.	1257

(B) "State agency" includes every department, bureau, board,	1258
commission, office, or other organized body established by the	1259
constitution and laws of this state for the exercise of any	1260
function of state government, including any state-supported	1261
institution of higher education, the general assembly, any	1262
legislative agency, any court or judicial agency, or any political	1263
subdivision or agency of a political subdivision. "State agency"	1264
does not include the nonprofit corporation formed under section	1265
187.01 of the Revised Code.	1266

(C) "Public money" includes all money received or collected	1267
by or due a public official, whether in accordance with or under	1268
authority of any law, ordinance, resolution, or order, under color	1269
of office, or otherwise. It also includes any money collected by	1270
any individual on behalf of a public office or as a purported	1271
representative or agent of the public office.	1272

(D) "Public official" includes all officers, employees, or	1273
duly authorized representatives or agents of a public office.	1274

(E) "Color of office" includes any act purported or alleged	1275
to be done under any law, ordinance, resolution, order, or other	1276
pretension to official right, power, or authority.	1277

(F) "Archive" includes any public record that is transferred	1278
to the state archives or other designated archival institutions	1279
because of the historical information contained on it.	1280

(G) "Records" includes any document, device, or item,	1281
regardless of physical form or characteristic, including an	1282
electronic record as defined in section 1306.01 of the Revised	1283
Code, created or received by or coming under the jurisdiction of	1284
any public office of the state or its political subdivisions,	1285
which serves to document the organization, functions, policies,	1286
decisions, procedures, operations, or other activities of the	1287
office.	1288

Sec. 187.01. As used in this chapter, "JobsOhio" means the	1289
nonprofit corporation formed under this section, and includes any	1290
subsidiary of that corporation. In any section of law that refers	1291
to the nonprofit corporation formed under this section, reference	1292
to the corporation includes reference to any such subsidiary	1293
unless otherwise specified or clearly appearing from the context.	1294

The governor is hereby authorized to form a nonprofit	1295
corporation, to be named "JobsOhio," with the purposes of	1296
promoting economic development, job creation, job retention, job	1297
training, and the recruitment of business to this state.	1298

The articles of incorporation shall set forth the following:

1299

(A) The designation of the name of the corporation as	1300
JobsOhio;	1301

(B) The creation of a board of directors consisting of the	1302
governor and eight directors, to be appointed by the governor, who	1303
satisfy the qualifications prescribed by section 187.02 of the	1304
Revised Code;	1305

(C) A requirement that the governor make initial appointments	1306
to the board within sixty days after the filing of the articles of	1307
incorporation. Of the initial appointments made to the board, two	1308
shall be for a term ending one year after the date the articles	1309
were filed, two shall be for a term ending two years after the	1310
date the articles were filed, and four shall be for a term ending	1311
four years after the date the articles were filed. The articles	1312
shall state that, following the initial appointments, the governor	1313
shall appoint directors to terms of office of four years, with	1314
each term of office ending on the same day of the same month as	1315
did the term that it succeeds. If any director dies, resigns, or	1316
the director's status changes such that any of the requirements of	1317
division (C) of section 187.02 of the Revised Code are no longer	1318
met, that director's seat on the board shall become immediately	1319
vacant. The governor shall forthwith fill the vacancy by	1320
appointment for the remainder of the term of office of the vacated	1321
seat.	1322

(D) The designation of the governor as the chairperson of the	1323
board and procedures for electing directors to serve as officers	1324
of the corporation and members of an executive committee;	1325

(E) A provision for the appointment of a chief investment	1326
officer of the corporation by the recommendation of the board and	1327
approval of the governor. The chief investment officer shall serve	1328
at the pleasure of the governor and shall have the power to	1329
execute contracts, spend corporation funds, and hire employees on	1330
behalf of the corporation.	1331

(F) Provisions requiring the board to do all of the	1332
following:	1333

(1) Adopt one or more resolutions providing for compensation	1334
of the chief investment officer;	1335

(2) Approve an employee compensation plan recommended by the	1336
chief investment officer;	1337

(3) Approve a contract with the director of development for	1338
the corporation to assist the director and the department of	1339
development with providing services or otherwise carrying out the	1340
functions or duties of the department, including the operation and	1341
management of programs, offices, divisions, or boards, as may be	1342
determined by the director of development in consultation with the	1343
governor;	1344

(4) Approve all major contracts for services recommended by	1345
the chief investment officer;	1346

(5) Establish an annual strategic plan and standards of	1347
measure to be used in evaluating the corporation's success in	1348
executing the plan;	1349

(6) Establish a conflicts of interest policy that, at a	1350
minimum, complies with section 187.06 of the Revised Code;	1351

(7) Hold a minimum of four board of directors meetings per	1352
year at which a quorum of the board is physically present, and	1353
such other meetings, at which directors' physical presence is not	1354
required, as may be necessary. Meetings at which a quorum of the	1355
board is required to be physically present are subject to	1356
divisions (C), (D), and (E) of section 187.03 of the Revised Code.	1357

(8) Establish a records retention policy and present the	1358
policy, and any subsequent changes to the policy, at a meeting of	1359
the board of directors at which a quorum of the board is required	1360
to be physically present pursuant to division (F)(7) of this	1361
section;	1362

(9) Adopt standards of conduct for the directors.

1363

(G) A statement that directors shall not receive any	1364
compensation from the corporation, except that governor-appointed	1365
directors may be reimbursed for actual and necessary expenses	1366
incurred in connection with services performed for the	1367
corporation;	1368

(H) A provision authorizing the board to amend provisions of	1369
the corporation's articles of incorporation or regulations, except	1370
provisions required by this chapter;	1371

(I) Procedures by which the corporation would be dissolved	1372
and by which all corporation rights, liabilities, and assets would	1373
be distributed to the state or to another corporation organized	1374
under this chapter. These procedures shall incorporate any	1375
procedures set forth in this chapter for the dissolution of the	1376
corporation. The articles shall state that no dissolution shall	1377
take effect until the corporation has made adequate provision for	1378
the payment of any outstanding bonds, notes, or other obligations.	1379

(J) A provision establishing an audit committee to be	1380
comprised of directors. The articles shall require that the audit	1381
committee hire an independent certified public accountant to	1382
perform a financial audit of the corporation at least once every	1383
year.	1384

(K) A provision authorizing the governor, as chairperson of	1385
the board, to remove a director for misconduct as may be defined	1386
in the articles or regulations of the corporation. The removal of	1387
a director under this division creates a vacancy on the board that	1388
the governor shall fill by appointment for the remainder of the	1389
term of office of the vacated seat.	1390

Sec. 187.02. (A) To qualify for appointment to the board of	1391
directors of JobsOhio, an individual must satisfy all of the	1392
following:	1393

(1) Has an understanding of generally accepted accounting	1394
principles and financial statements;	1395

(2) Possesses the ability to assess the general application	1396
of such principles in connection with the accounting for	1397
estimates, accruals, and reserves;	1398

(3) Has experience preparing, auditing, analyzing, or	1399
evaluating financial statements that present a breadth and level	1400
of complexity of accounting issues that are generally comparable	1401
to the breadth and complexity of issues that can reasonably be	1402
expected to be presented by the JobsOhio corporation's financial	1403
statements, or experience actively supervising one or more persons	1404
engaged in such activities;	1405

(4) Has an understanding of internal controls and the	1406
procedures for financial reporting;	1407

(5) Has an understanding of audit committee functions.

1408

(B) Specific experience demonstrating the qualifications	1409
required by division (A) of this section may be evidenced by any	1410
of the following:	1411

(1) Education and experience as a principal financial	1412
officer, principal accounting officer, controller, public	1413
accountant or auditor, or experience in one or more positions that	1414
involve the performance of similar functions;	1415

(2) Experience actively supervising a principal financial	1416
officer, principal accounting officer, controller, public	1417
accountant, auditor, or person performing similar functions;	1418

(3) Experience overseeing or assessing the performance of	1419
companies or public accountants with respect to the preparation,	1420
auditing, or evaluation of financial statements;	1421

(4) Other experience considered relevant by the governor	1422
consistent with division (A) of this section.	1423

(C) Each individual appointed to the board of directors shall	1424
be a citizen of the United States. At least six of the individuals	1425
appointed to the board shall be residents of or domiciled in this	1426
state.	1427

Sec. 187.03. (A) JobsOhio may perform such functions as	1428
permitted and shall perform such duties as prescribed by law, but	1429
shall not be considered a state or public department, agency,	1430
office, body, institution, or instrumentality for purposes of	1431
section 1.60 or Chapter 102., 121., 125., or 149. of the Revised	1432
Code. JobsOhio and its board of directors are not subject to the	1433
following sections of Chapter 1702. of the Revised Code: sections	1434
1702.03, 1702.08, 1702.09, 1702.21, 1702.24, 1702.26, 1702.27,	1435
1702.28, 1702.29, 1702.301, 1702.33, 1702.34, 1702.37, 1702.38,	1436
1702.40 to 1702.52, 1702.521, 1702.54, 1702.57, 1702.58, 1702.59,	1437
1702.60, 1702.80, and 1702.99. Nothing in this division shall be	1438
construed to impair the powers and duties of the Ohio ethics	1439
commission described in section 102.06 of the Revised Code to	1440
investigate and enforce section 102.02 of the Revised Code with	1441
regard to individuals required to file statements under division	1442
(B)(2) of this section.	1443

(B)(1) With the exception of the governor, directors and	1444
employees of JobsOhio are not employees or officials of the state	1445
and, except as provided in division (B)(2) of this section, are	1446
not subject to Chapter 102., 124., 145., or 4117. of the Revised	1447
Code.	1448

(2) The chief investment officer, any other officer or	1449
employee with significant administrative, supervisory,	1450
contracting, or investment authority, and any governor-appointed	1451
director of JobsOhio shall file, with the Ohio ethics commission,	1452
a financial disclosure statement pursuant to section 102.02 of the	1453
Revised Code that includes, in place of the information required	1454
by divisions (A)(2), (7), (8), and (9) of that section, the	1455
information required by divisions (A) and (B) of section 102.022	1456
of the Revised Code. The governor shall comply with all applicable	1457
requirements of section 102.02 of the Revised Code.	1458

(3) Actual or in-kind expenditures for the travel, meals, or	1459
lodging of the governor or of any public official or employee	1460
designated by the governor for the purpose of this division shall	1461
not be considered a violation of section 102.03 of the Revised	1462
Code if the expenditures are made by the corporation, or on behalf	1463
of the corporation by any person, in connection with the	1464
governor's performance of official duties as chairperson of the	1465
board of directors of JobsOhio. The governor may designate any	1466
person, including a person who is a public official or employee as	1467
defined in section 102.01 of the Revised Code, for the purpose of	1468
this division if such expenditures are made on behalf of the	1469
person in connection with the governor's performance of official	1470
duties as chairperson. A public official or employee so designated	1471
by the governor shall comply with all applicable requirements of	1472
section 102.02 of the Revised Code.	1473

At the times and frequency agreed to under division (B)(2)(b)	1474
of section 187.04 of the Revised Code, beginning in 2012, the	1475
corporation shall file with the department of development a	1476
written report of all such expenditures paid or incurred during	1477
the preceding calendar year. The report shall state the dollar	1478
value and purpose of each expenditure, the date of each	1479
expenditure, the name of the person that paid or incurred each	1480
expenditure, and the location, if any, where services or benefits	1481
of an expenditure were received, provided that any such	1482
information that may disclose proprietary information as defined	1483
in division (C) of this section shall not be included in the	1484
report.	1485

(4) The prohibition applicable to former public officials or	1486
employees in division (A)(1) of section 102.03 of the Revised Code	1487
does not apply to any person appointed to be a director or hired	1488
as an employee of JobsOhio.	1489

(5) Notwithstanding division (A)(2) of section 145.01 of the	1490
Revised Code, any person who is a former state employee shall no	1491
longer be considered a public employee for purposes of Chapter	1492
145. of the Revised Code upon commencement of employment with	1493
JobsOhio.	1494

(6) Any director, officer, or employee of JobsOhio may	1495
request an advisory opinion from the Ohio ethics commission with	1496
regard to questions concerning the provisions of sections 102.02	1497
and 102.022 of the Revised Code to which the person is subject.	1498

(C) Meetings of the board of directors at which a quorum of	1499
the board is required to be physically present pursuant to	1500
division (F) of section 187.01 of the Revised Code shall be open	1501
to the public except, by a majority vote of the directors present	1502
at the meeting, such a meeting may be closed to the public only	1503
for one or more of the following purposes:	1504

(1) To consider business strategy of the corporation;

1505

(2) To consider proprietary information belonging to	1506
potential applicants or potential recipients of business	1507
recruitment, retention, or creation incentives. For the purposes	1508
of this division, "proprietary information" means marketing plans,	1509
specific business strategy, production techniques and trade	1510
secrets, financial projections, or personal financial statements	1511
of applicants or members of the applicants' immediate family,	1512
including, but not limited to, tax records or other similar	1513
information not open to the public inspection.	1514

(3) To consider legal matters, including litigation, in which	1515
the corporation is or may be involved;	1516

(4) To consider personnel matters related to an individual	1517
employee of the corporation.	1518

(D) The board of directors shall establish a reasonable	1519
method whereby any person may obtain the time and place of all	1520
public meetings described in division (C) of this section. The	1521
method shall provide that any person, upon request and payment of	1522
a reasonable fee, may obtain reasonable advance notification of	1523
all such meetings.	1524

(E) The board of directors shall promptly prepare, file, and	1525
maintain minutes of all public meetings described in division (C)	1526
of this section.	1527

(F) Not later than March 1, 2012, and the first day of March	1528
of each year thereafter, the chief investment officer of JobsOhio	1529
shall prepare and submit a report of the corporation's activities	1530
for the preceding year to the governor, the speaker and minority	1531
leader of the house of representatives, and the president and	1532
minority leader of the senate. The annual report shall include the	1533
following:	1534

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

1535

(2) A description of the structure, operation, and financial	1536
status of the corporation;	1537

(3) A description of the corporation's strategy to improve	1538
the state economy and the standards of measure used to evaluate	1539
its progress;	1540

(4) An evaluation of the performance of current strategies	1541
and major initiatives;	1542

(5) An analysis of any statutory or administrative barriers	1543
to successful economic development, business recruitment, and job	1544
growth in the state identified by JobsOhio during the preceding	1545
year.	1546

Sec. 187.04. (A) The director of development, as soon as	1547
practical after the effective date of this section, shall execute	1548
a contract with JobsOhio for the corporation to assist the	1549
director and the department of development with providing services	1550
or otherwise carrying out the functions or duties of the	1551
department, including the operation and management of programs,	1552
offices, divisions, or boards, as may be determined by the	1553
director in consultation with the governor. The approval or	1554
disapproval of awards shall remain functions of the department.	1555
All contracts for grants, loans, and tax incentives shall be	1556
between the department and the recipient and shall be enforced by	1557
the department. JobsOhio may not execute contracts obligating the	1558
department for loans, grants, tax credits, or incentive awards	1559
recommended by JobsOhio to the department. Prior to execution, all	1560
contracts between the director and JobsOhio are subject to	1561
controlling board approval.	1562

The term of a contract entered into under this section shall	1563
not extend beyond a fiscal biennium of the general assembly, but	1564
may be renewed or amended by the parties.	1565

(B) A contract entered into under this section shall include	1566
all of the following:	1567

(1) Terms assigning to the corporation the duties of advising	1568
and assisting the director of development in the director's	1569
evaluation of the department and the formulation of	1570
recommendations under section 187.05 of the Revised Code;	1571

(2) Terms designating records created or received by JobsOhio	1572
that shall be made available to the public under the same	1573
conditions as are public records under section 149.43 of the	1574
Revised Code. Documents designated to be made available to the	1575
public pursuant to the contract shall be kept on file with the	1576
department of development.	1577

Among records to be designated under this division shall be	1578
the following:	1579

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

1580

(b) The report of expenditures described in division (B)(3)	1581
of section 187.03 of the Revised Code. The records shall be filed	1582
with the department at such times and frequency as agreed to by	1583
the corporation and the department, which shall not be less	1584
frequently than quarterly.	1585

(c) The annual total compensation paid to each officer and	1586
employee of the corporation;	1587

(d) A copy of the audit report for each financial audit of	1588
the corporation performed by an independent certified public	1589
accountant pursuant to division (J) of section 187.01 of the	1590
Revised Code.	1591

(e) Records of any fully executed incentive proposals, to be	1592
filed annually;	1593

(f) Records pertaining to the monitoring of commitments made	1594
by incentive recipients, to be filed annually;	1595

(g) A copy of the minutes of all public meetings described in	1596
division (C) of section 187.03 of the Revised Code not otherwise	1597
closed to the public.	1598

(3) The following statement acknowledging that JobsOhio is	1599
not acting as an agent of the state:	1600

"JobsOhio shall have no power or authority to bind the state	1601
or to assume or create an obligation or responsibility, expressed	1602
or implied, on behalf of the state or in its name, nor shall	1603
JobsOhio represent to any person that it has any such power or	1604
authority, except as expressly provided in this contract."	1605

(C) Records created or received by JobsOhio are not public	1606
records for the purposes of section 149.43 of the Revised Code,	1607
regardless of who may have custody of the records, unless the	1608
record is designated to be available to the public by the contract	1609
under division (B)(2) of this section.	1610

(D) Any contract executed under authority of this section	1611
shall not negate, impair, or otherwise adversely affect the	1612
obligation of this state to pay debt charges on securities	1613
executed by the director of development or issued by the treasurer	1614
of state, Ohio public facilities commission, or any other issuing	1615
authority under Chapter 122., 151., 165., or 166. of the Revised	1616
Code to fund economic development programs of the state, or to	1617
abide by any pledge or covenant relating to the payment of those	1618
debt charges made in any related proceedings. As used in this	1619
division, "debt charges," "proceedings," and "securities" have the	1620
same meanings as in section 133.01 of the Revised Code.	1621

(E) Nothing in this section, other than the requirement of	1622
controlling board approval, shall prohibit the department from	1623
contracting with JobsOhio to perform any of the following	1624
functions:	1625

(1) Promoting and advocating for the state;

1626

(2) Making recommendations to the department;

1627

(3) Performing research for the department;

1628

(4) Establishing and managing programs or offices on behalf	1629
of the department, by contract;	1630

(5) Negotiating on behalf of the state.

1631

(F) Nothing in this section, other than the requirement of	1632
controlling board approval, shall prohibit the department from	1633
compensating JobsOhio from funds currently appropriated to the	1634
department to perform the functions described in division (E) of	1635
this section.	1636

Sec. 187.05. The director of development, as soon as	1637
practical after the effective date of this section, shall, in	1638
consultation with the governor, evaluate all powers, functions,	1639
and duties of the department. Within six months after that	1640
effective date, the director shall submit a report to the general	1641
assembly recommending statutory changes necessary to improve the	1642
functioning and efficiency of the department and to transfer	1643
specified powers, functions, and duties of the department to other	1644
existing agencies of the state or to JobsOhio, or eliminate	1645
specified powers, functions, or duties. The recommendations shall	1646
be submitted in writing to the speaker and minority leader of the	1647
house of representatives and the president and minority leader of	1648
the senate.	1649

After submitting the report, the director, in consultation	1650
with the governor, shall continue to evaluate the department and	1651
make additional recommendations on such matters to the general	1652
assembly.	1653

Sec. 187.06. (A) For purposes of this section, "interested	1654
individual" means a director or officer of JobsOhio who has,	1655
directly or indirectly, through business, investment, or family,	1656
any of the following:	1657

(1) An ownership or investment interest in any person with	1658
which JobsOhio has a transaction or arrangement;	1659

(2) A compensation arrangement with JobsOhio or with any	1660
person with which JobsOhio has a transaction or arrangement;	1661

(3) A potential ownership or investment interest in, or	1662
compensation arrangement with, any person with which JobsOhio is	1663
negotiating a transaction or arrangement. Compensation includes	1664
direct and indirect remuneration as well as material gifts or	1665
favors.	1666

(B) The conflicts of interest policy adopted pursuant to	1667
section 187.01 of the Revised Code shall protect JobsOhio's	1668
interest when it is considering a transaction or arrangement that	1669
might benefit the private interest of a director or officer of	1670
JobsOhio or might directly benefit that individual in other than a	1671
de minimis manner. An interested individual shall disclose the	1672
existence of a financial interest to each member of the board of	1673
directors of JobsOhio. The interested individual shall be given an	1674
opportunity to disclose all material facts to the directors. After	1675
disclosure of the financial interest and all material facts, the	1676
board of directors shall decide if a conflict of interest exists.	1677
If the board decides by a majority vote of the disinterested	1678
directors that a conflict exists, the disinterested directors	1679
shall determine whether JobsOhio can obtain with reasonable	1680
efforts a more advantageous transaction or arrangement from a	1681
person that would not give rise to a conflict of interest. If a	1682
more advantageous transaction or arrangement is not reasonably	1683
possible under circumstances not producing a conflict of interest,	1684
the board shall determine by a majority vote of the disinterested	1685
directors whether the transaction or arrangement is in JobsOhio's	1686
best interest, for its own benefit, and whether it is fair and	1687
reasonable.	1688

(C) If the board of directors has reasonable cause to believe	1689
a director or officer has failed to disclose an actual or possible	1690
conflict of interest, it shall inform the individual of the basis	1691
for such belief and provide the individual with an opportunity to	1692
explain the alleged failure to disclose. If the board determines	1693
the individual has failed to disclose an actual or possible	1694
conflict of interest, it shall take appropriate disciplinary and	1695
corrective action, including, but not limited to, initiating an	1696
action for breach of fiduciary duty.	1697

(D) Minutes of board meetings considering possible or actual	1698
conflicts of interest shall be kept. The minutes shall contain	1699
both of the following:	1700

(1) The names of the individuals who disclosed, or were found	1701
to have, a financial interest in connection with an actual or	1702
possible conflict of interest, the nature of the financial	1703
interest, any action taken to determine whether a conflict of	1704
interest was present, and the board's decision as to whether a	1705
conflict of interest existed;	1706

(2) The names of the individuals who were present for	1707
discussions and votes relating to the transaction or arrangement,	1708
the content of the discussion, including any alternatives to the	1709
proposed transaction or arrangement, and a record of any votes	1710
taken in connection with the proceedings.	1711

(E) An officer or employee of JobsOhio whose responsibility	1712
includes compensation matters and who receives compensation,	1713
directly or indirectly, from JobsOhio for services is precluded	1714
from voting or providing information to a compensation committee,	1715
if any, on matters pertaining to that individual's compensation.	1716

(F) The conflicts of interest policy adopted pursuant to	1717
section 187.01 of the Revised Code shall prohibit any director of	1718
JobsOhio from soliciting or accepting employment with any person	1719
that receives or has received an incentive or other assistance as	1720
a result of a decision the director participated in as a director	1721
of JobsOhio.	1722

(G) Each director or officer shall annually sign a statement	1723
that affirms the individual:	1724

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

1725

(2) Has read and understands the policy;

1726

(3) Has agreed to comply with the policy;

1727

(4) Understands JobsOhio's statutory purpose and that it is a	1728
nonprofit corporation.	1729

(H) To ensure JobsOhio operates in a manner consistent with	1730
its statutory purpose or contractual obligations, periodic reviews	1731
shall be conducted. The periodic reviews shall, at a minimum,	1732
determine all of the following:	1733

(1) Whether compensation arrangements and benefits are	1734
reasonable, based on competent survey information, and the result	1735
of arm's length bargaining;	1736

(2) Whether JobsOhio's operations are consistent with its	1737
articles of incorporation, regulations, and contractual	1738
obligations, and are properly documented;	1739

(3) Whether transactions are fair to JobsOhio, reflect	1740
reasonable investment or payments for goods and services, further	1741
JobsOhio's statutory purpose or contractual obligations, and do	1742
not result in direct private benefit to directors, officers, or	1743
other persons, in other than a de minimis manner.	1744

Sec. 187.07. At no time shall any public money coming into	1745
the possession of JobsOhio be commingled with other money of the	1746
corporation, and any funds or accounts of the corporation that	1747
hold public money shall be maintained and accounted for separately	1748
and independently from any other funds or accounts of the	1749
corporation.	1750

Sec. 187.08. If an officer or employee of JobsOhio receives	1751
more than one thousand dollars of public money in the person's	1752
capacity as such an officer or employee, the person, on the	1753
business day next following the day of receipt, shall deposit the	1754
money into the fund or account into which the money is required to	1755
be deposited by law or the regulations of the corporation. If the	1756
amount of public money received does not exceed one thousand	1757
dollars, the person shall deposit the money on the business day	1758
next following the day of receipt unless the board of directors of	1759
JobsOhio adopts a policy permitting a different time period, not	1760
to exceed three business days next following the day of receipt,	1761
for making such deposits, and the person is able to safeguard the	1762
moneys until the money is deposited. The policy shall include	1763
provisions and procedures to safeguard public money until it is	1764
deposited.	1765

Any officer or employee of JobsOhio who has custody or	1766
control of public money received or held by the corporation	1767
pursuant to the contract authorized under section 187.04 of the	1768
Revised Code or because of the assumption of powers, functions, or	1769
duties transferred to the corporation pursuant to the	1770
recommendations under section 187.05 of the Revised Code is liable	1771
for the public money to the same extent as a public official is	1772
liable for public money under section 9.39 of the Revised Code.	1773

Sec. 187.09. Any action brought by or on behalf of JobsOhio	1774
against a director or former director in that individual's	1775
capacity as a director shall be brought in the court of common	1776
pleas of Franklin county.	1777

Sec. 187.10. (A) No person, with purpose to corrupt a	1778
director, officer, or employee of JobsOhio, shall promise, offer,	1779
or give any valuable thing or valuable benefit.	1780

(B) Whoever violates this section is guilty of the offense of	1781
bribery, as set forth in section 2921.02 of the Revised Code.	1782

Sec. 187.11. JobsOhio may indemnify, to the fullest extent	1783
permitted by law, its board of directors, board members, and	1784
officers and employees from liability incurred in the performance	1785
of duties or functions of JobsOhio. For purposes of this section,	1786
JobsOhio may procure policies of insurance for civil liability.	1787

Sec. 187.12. (A) JobsOhio shall not make a contribution to	1788
any campaign committee, political party, legislative campaign	1789
fund, political action committee, or political contributing entity	1790
for any purpose whatsoever.	1791

(B) As used in this section, "contribution," "campaign	1792
committee," "political party," "legislative campaign fund,"	1793
"political action committee," and "political contributing entity"	1794
have the same meanings as in section 3517.01 of the Revised Code.	1795

Sec. 2921.01. As used in sections 2921.01 to 2921.45 of the	1796
Revised Code:	1797

(A) "Public official" means any elected or appointed officer,	1798
or employee, or agent of the state or any political subdivision,	1799
whether in a temporary or permanent capacity, and includes, but is	1800
not limited to, legislators, judges, and law enforcement officers.	1801
"Public official" does not include an employee, officer, or	1802
governor-appointed member of the board of directors of the	1803
nonprofit corporation formed under section 187.01 of the Revised	1804
Code.	1805

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

1806

(1) Any public official;

1807

(2) Any person performing ad hoc a governmental function,	1808
including, but not limited to, a juror, member of a temporary	1809
commission, master, arbitrator, advisor, or consultant;	1810

(3) A person who is a candidate for public office, whether or	1811
not the person is elected or appointed to the office for which the	1812
person is a candidate. A person is a candidate for purposes of	1813
this division if the person has been nominated according to law	1814
for election or appointment to public office, or if the person has	1815
filed a petition or petitions as required by law to have the	1816
person's name placed on the ballot in a primary, general, or	1817
special election, or if the person campaigns as a write-in	1818
candidate in any primary, general, or special election.	1819

"Public servant" does not include an employee, officer, or	1820
governor-appointed member of the board of directors of the	1821
nonprofit corporation formed under section 187.01 of the Revised	1822
Code.	1823

(C) "Party official" means any person who holds an elective	1824
or appointive post in a political party in the United States or	1825
this state, by virtue of which the person directs, conducts, or	1826
participates in directing or conducting party affairs at any level	1827
of responsibility.	1828

(D) "Official proceeding" means any proceeding before a	1829
legislative, judicial, administrative, or other governmental	1830
agency or official authorized to take evidence under oath, and	1831
includes any proceeding before a referee, hearing examiner,	1832
commissioner, notary, or other person taking testimony or a	1833
deposition in connection with an official proceeding.	1834

(E) "Detention" means arrest; confinement in any vehicle	1835
subsequent to an arrest; confinement in any public or private	1836
facility for custody of persons charged with or convicted of crime	1837
in this state or another state or under the laws of the United	1838
States or alleged or found to be a delinquent child or unruly	1839
child in this state or another state or under the laws of the	1840
United States; hospitalization, institutionalization, or	1841
confinement in any public or private facility that is ordered	1842
pursuant to or under the authority of section 2945.37, 2945.371,	1843
2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	1844
Code; confinement in any vehicle for transportation to or from any	1845
facility of any of those natures; detention for extradition or	1846
deportation; except as provided in this division, supervision by	1847
any employee of any facility of any of those natures that is	1848
incidental to hospitalization, institutionalization, or	1849
confinement in the facility but that occurs outside the facility;	1850
supervision by an employee of the department of rehabilitation and	1851
correction of a person on any type of release from a state	1852
correctional institution; or confinement in any vehicle, airplane,	1853
or place while being returned from outside of this state into this	1854
state by a private person or entity pursuant to a contract entered	1855
into under division (E) of section 311.29 of the Revised Code or	1856
division (B) of section 5149.03 of the Revised Code. For a person	1857
confined in a county jail who participates in a county jail	1858
industry program pursuant to section 5147.30 of the Revised Code,	1859
"detention" includes time spent at an assigned work site and going	1860
to and from the work site.	1861

(F) "Detention facility" means any public or private place	1862
used for the confinement of a person charged with or convicted of	1863
any crime in this state or another state or under the laws of the	1864
United States or alleged or found to be a delinquent child or	1865
unruly child in this state or another state or under the laws of	1866
the United States.	1867

(G) "Valuable thing or valuable benefit" includes, but is not	1868
limited to, a contribution. This inclusion does not indicate or	1869
imply that a contribution was not included in those terms before	1870
September 17, 1986.	1871

(H) "Campaign committee," "contribution," "political action	1872
committee," "legislative campaign fund," "political party," and	1873
"political contributing entity" have the same meanings as in	1874
section 3517.01 of the Revised Code.	1875

(I) "Provider agreement" and "medical assistance program"	1876
have the same meanings as in section 2913.40 of the Revised Code.	1877

Sec. 4117.01. As used in this chapter:

1878

(A) "Person," in addition to those included in division (C)	1879
of section 1.59 of the Revised Code, includes employee	1880
organizations, public employees, and public employers.	1881

(B) "Public employer" means the state or any political	1882
subdivision of the state located entirely within the state,	1883
including, without limitation, any municipal corporation with a	1884
population of at least five thousand according to the most recent	1885
federal decennial census; county; township with a population of at	1886
least five thousand in the unincorporated area of the township	1887
according to the most recent federal decennial census; school	1888
district; governing authority of a community school established	1889
under Chapter 3314. of the Revised Code; state institution of	1890
higher learning; public or special district; state agency,	1891
authority, commission, or board; or other branch of public	1892
employment. "Public employer" does not include the nonprofit	1893
corporation formed under section 187.01 of the Revised Code.	1894

(C) "Public employee" means any person holding a position by	1895
appointment or employment in the service of a public employer,	1896
including any person working pursuant to a contract between a	1897
public employer and a private employer and over whom the national	1898
labor relations board has declined jurisdiction on the basis that	1899
the involved employees are employees of a public employer, except:	1900

(1) Persons holding elective office;

1901

(2) Employees of the general assembly and employees of any	1902
other legislative body of the public employer whose principal	1903
duties are directly related to the legislative functions of the	1904
body;	1905

(3) Employees on the staff of the governor or the chief	1906
executive of the public employer whose principal duties are	1907
directly related to the performance of the executive functions of	1908
the governor or the chief executive;	1909

(4) Persons who are members of the Ohio organized militia,	1910
while training or performing duty under section 5919.29 or 5923.12	1911
of the Revised Code;	1912

(5) Employees of the state employment relations board,	1913
including those employees of the state employment relations board	1914
utilized by the state personnel board of review in the exercise of	1915
the powers and the performance of the duties and functions of the	1916
state personnel board of review;	1917

(6) Confidential employees;

1918

(7) Management level employees;

1919

(8) Employees and officers of the courts, assistants to the	1920
attorney general, assistant prosecuting attorneys, and employees	1921
of the clerks of courts who perform a judicial function;	1922

(9) Employees of a public official who act in a fiduciary	1923
capacity, appointed pursuant to section 124.11 of the Revised	1924
Code;	1925

(10) Supervisors;

1926

(11) Students whose primary purpose is educational training,	1927
including graduate assistants or associates, residents, interns,	1928
or other students working as part-time public employees less than	1929
fifty per cent of the normal year in the employee's bargaining	1930
unit;	1931

(12) Employees of county boards of election;

1932

(13) Seasonal and casual employees as determined by the state	1933
employment relations board;	1934

(14) Part-time faculty members of an institution of higher	1935
education;	1936

(15) Participants in a work activity, developmental activity,	1937
or alternative work activity under sections 5107.40 to 5107.69 of	1938
the Revised Code who perform a service for a public employer that	1939
the public employer needs but is not performed by an employee of	1940
the public employer if the participant is not engaged in paid	1941
employment or subsidized employment pursuant to the activity;	1942

(16) Employees included in the career professional service of	1943
the department of transportation under section 5501.20 of the	1944
Revised Code;	1945

(17) Employees of community-based correctional facilities and	1946
district community-based correctional facilities created under	1947
sections 2301.51 to 2301.58 of the Revised Code who are not	1948
subject to a collective bargaining agreement on June 1, 2005;.	1949

(D) "Employee organization" means any labor or bona fide	1950
organization in which public employees participate and that exists	1951
for the purpose, in whole or in part, of dealing with public	1952
employers concerning grievances, labor disputes, wages, hours,	1953
terms, and other conditions of employment.	1954

(E) "Exclusive representative" means the employee	1955
organization certified or recognized as an exclusive	1956
representative under section 4117.05 of the Revised Code.	1957

(F) "Supervisor" means any individual who has authority, in	1958
the interest of the public employer, to hire, transfer, suspend,	1959
lay off, recall, promote, discharge, assign, reward, or discipline	1960
other public employees; to responsibly direct them; to adjust	1961
their grievances; or to effectively recommend such action, if the	1962
exercise of that authority is not of a merely routine or clerical	1963
nature, but requires the use of independent judgment, provided	1964
that:	1965

(1) Employees of school districts who are department	1966
chairpersons or consulting teachers shall not be deemed	1967
supervisors;	1968

(2) With respect to members of a police or fire department,	1969
no person shall be deemed a supervisor except the chief of the	1970
department or those individuals who, in the absence of the chief,	1971
are authorized to exercise the authority and perform the duties of	1972
the chief of the department. Where prior to June 1, 1982, a public	1973
employer pursuant to a judicial decision, rendered in litigation	1974
to which the public employer was a party, has declined to engage	1975
in collective bargaining with members of a police or fire	1976
department on the basis that those members are supervisors, those	1977
members of a police or fire department do not have the rights	1978
specified in this chapter for the purposes of future collective	1979
bargaining. The state employment relations board shall decide all	1980
disputes concerning the application of division (F)(2) of this	1981
section.	1982

(3) With respect to faculty members of a state institution of	1983
higher education, heads of departments or divisions are	1984
supervisors; however, no other faculty member or group of faculty	1985
members is a supervisor solely because the faculty member or group	1986
of faculty members participate in decisions with respect to	1987
courses, curriculum, personnel, or other matters of academic	1988
policy;	1989

(4) No teacher as defined in section 3319.09 of the Revised	1990
Code shall be designated as a supervisor or a management level	1991
employee unless the teacher is employed under a contract governed	1992
by section 3319.01, 3319.011, or 3319.02 of the Revised Code and	1993
is assigned to a position for which a license deemed to be for	1994
administrators under state board rules is required pursuant to	1995
section 3319.22 of the Revised Code.	1996

(G) "To bargain collectively" means to perform the mutual	1997
obligation of the public employer, by its representatives, and the	1998
representatives of its employees to negotiate in good faith at	1999
reasonable times and places with respect to wages, hours, terms,	2000
and other conditions of employment and the continuation,	2001
modification, or deletion of an existing provision of a collective	2002
bargaining agreement, with the intention of reaching an agreement,	2003
or to resolve questions arising under the agreement. "To bargain	2004
collectively" includes executing a written contract incorporating	2005
the terms of any agreement reached. The obligation to bargain	2006
collectively does not mean that either party is compelled to agree	2007
to a proposal nor does it require the making of a concession.	2008

(H) "Strike" means continuous concerted action in failing to	2009
report to duty; willful absence from one's position; or stoppage	2010
of work in whole from the full, faithful, and proper performance	2011
of the duties of employment, for the purpose of inducing,	2012
influencing, or coercing a change in wages, hours, terms, and	2013
other conditions of employment. "Strike" does not include a	2014
stoppage of work by employees in good faith because of dangerous	2015
or unhealthful working conditions at the place of employment that	2016
are abnormal to the place of employment.	2017

(I) "Unauthorized strike" includes, but is not limited to,	2018
concerted action during the term or extended term of a collective	2019
bargaining agreement or during the pendency of the settlement	2020
procedures set forth in section 4117.14 of the Revised Code in	2021
failing to report to duty; willful absence from one's position;	2022
stoppage of work; slowdown, or abstinence in whole or in part from	2023
the full, faithful, and proper performance of the duties of	2024
employment for the purpose of inducing, influencing, or coercing a	2025
change in wages, hours, terms, and other conditions of employment.	2026
"Unauthorized strike" includes any such action, absence, stoppage,	2027
slowdown, or abstinence when done partially or intermittently,	2028
whether during or after the expiration of the term or extended	2029
term of a collective bargaining agreement or during or after the	2030
pendency of the settlement procedures set forth in section 4117.14	2031
of the Revised Code.	2032

(J) "Professional employee" means any employee engaged in	2033
work that is predominantly intellectual, involving the consistent	2034
exercise of discretion and judgment in its performance and	2035
requiring knowledge of an advanced type in a field of science or	2036
learning customarily acquired by a prolonged course in an	2037
institution of higher learning or a hospital, as distinguished	2038
from a general academic education or from an apprenticeship; or an	2039
employee who has completed the courses of specialized intellectual	2040
instruction and is performing related work under the supervision	2041
of a professional person to become qualified as a professional	2042
employee.	2043

(K) "Confidential employee" means any employee who works in	2044
the personnel offices of a public employer and deals with	2045
information to be used by the public employer in collective	2046
bargaining; or any employee who works in a close continuing	2047
relationship with public officers or representatives directly	2048
participating in collective bargaining on behalf of the employer.	2049

(L) "Management level employee" means an individual who	2050
formulates policy on behalf of the public employer, who	2051
responsibly directs the implementation of policy, or who may	2052
reasonably be required on behalf of the public employer to assist	2053
in the preparation for the conduct of collective negotiations,	2054
administer collectively negotiated agreements, or have a major	2055
role in personnel administration. Assistant superintendents,	2056
principals, and assistant principals whose employment is governed	2057
by section 3319.02 of the Revised Code are management level	2058
employees. With respect to members of a faculty of a state	2059
institution of higher education, no person is a management level	2060
employee because of the person's involvement in the formulation or	2061
implementation of academic or institution policy.	2062

(M) "Wages" means hourly rates of pay, salaries, or other	2063
forms of compensation for services rendered.	2064

(N) "Member of a police department" means a person who is in	2065
the employ of a police department of a municipal corporation as a	2066
full-time regular police officer as the result of an appointment	2067
from a duly established civil service eligibility list or under	2068
section 737.15 or 737.16 of the Revised Code, a full-time deputy	2069
sheriff appointed under section 311.04 of the Revised Code, a	2070
township constable appointed under section 509.01 of the Revised	2071
Code, or a member of a township police district police department	2072
appointed under section 505.49 of the Revised Code.	2073

(O) "Members of the state highway patrol" means highway	2074
patrol troopers and radio operators appointed under section	2075
5503.01 of the Revised Code.	2076

(P) "Member of a fire department" means a person who is in	2077
the employ of a fire department of a municipal corporation or a	2078
township as a fire cadet, full-time regular firefighter, or	2079
promoted rank as the result of an appointment from a duly	2080
established civil service eligibility list or under section	2081
505.38, 709.012, or 737.22 of the Revised Code.	2082

(Q) "Day" means calendar day.

2083

Section 2. That existing sections 1.60, 102.01, 102.02,	2084
102.022, 117.01, 121.01, 121.22, 121.41, 121.60, 121.67, 122.011,	2085
124.01, 145.012, 149.011, 2921.01, and 4117.01 of the Revised Code	2086
are hereby repealed.	2087

Section 3. The Supreme Court of Ohio shall have exclusive,	2088
original jurisdiction over any claim asserting that any one or	2089
more sections of the Revised Code amended or enacted by this act,	2090
or any portion of one or more of those sections, or any rule	2091
adopted under one or more of those sections, violates any	2092
provision of the Ohio Constitution; and over any claim asserting	2093
that any action taken pursuant to those sections by the Governor	2094
or the nonprofit corporation formed under section 187.01 of the	2095
Revised Code violates any provision of the Ohio Constitution or	2096
any provision of the Revised Code. Any such claim shall be filed	2097
as otherwise required by the Court's rules of practice not later	2098
than the sixtieth day after the effective date of this act. If any	2099
claim over which the Supreme Court is granted exclusive, original	2100
jurisdiction by this section is filed in any lower court, the	2101
claim shall be dismissed by the court on the ground that the court	2102
lacks jurisdiction to review it.	2103

Section 4. Section 145.012 of the Revised Code is presented	2104
in this act as a composite of the section as amended by both Am.	2105
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly. The	2106
General Assembly, applying the principle stated in division (B) of	2107
section 1.52 of the Revised Code that amendments are to be	2108
harmonized if reasonably capable of simultaneous operation, finds	2109
that the composite is the resulting version of the section in	2110
effect prior to the effective date of the section as presented in	2111
this act.	2112

Section 5. The Director of Development, in consultation with	2113
the Director of Budget and Management, shall find within the	2114
Department of Development's total unexpended and unencumbered	2115
fiscal year 2011 General Revenue Fund appropriation an amount not	2116
to exceed $1,000,000 in order to establish and operate the	2117
JobsOhio corporation established in Chapter 187. of the Revised	2118
Code. The Director of Development shall identify appropriation	2119
items within the General Revenue Fund that are to be reduced for	2120
this purpose, and any reduction in appropriations to these items	2121
pursuant to this section shall not collectively exceed $1,000,000.	2122
The amounts identified by the Director are hereby appropriated in	2123
General Revenue Fund appropriation item 195527, JobsOhio, for	2124
transition and start-up costs of the JobsOhio corporation. Nothing	2125
in this section shall be construed as increasing or decreasing the	2126
Department of Development's total fiscal year 2011 General Revenue	2127
Fund appropriation.	2128

The Department of Development shall prepare and, not later	2129
than six months after the effective date of this section, submit	2130
to the Controlling Board a report detailing the use of the funds	2131
appropriated under this section. The Department of Development	2132
shall submit to the Controlling Board a report not later than	2133
every six months thereafter detailing the use of the funds	2134
appropriated under this section, until those funds have all been	2135
used.	2136

Section 6. Sections 1, 2, 3, 4, 5, and 6 of this act are not	2137
subject to the referendum because they are or they relate to an	2138
appropriation for current expenses within the meaning of Ohio	2139
Constitution, Article II, Section 1d, and section 1.471 of the	2140
Revised Code, and therefore those sections take effect immediately	2141
when this act becomes law.	2142