Sub. H. J. R. No. 12 As Adopted by the Senate

As Adopted by the Senate

128th General Assembly

Regular Session

2009-2010

Sub. H. J. R. No. 12

Representatives Williams, S., Goyal

Cosponsors: Representatives Belcher, Bolon, Book, Boyd, Brown Speaker Budish Representatives Carney, Celeste, Chandler, DeBose, DeGeeter, Dodd, Domenick, Driehaus, Dyer, Fende, Foley, Garland, Garrison, Gerberry, Hagan, Harris, Harwood, Heard, Koziura, Letson, Luckie, Lundy, Mallory, Moran, Murray, Newcomb, Okey, Otterman, Patten, Phillips, Pillich, Pryor, Sayre, Schneider, Skindell, Slesnick, Stewart, Sykes, Szollosi, Ujvagi, Weddington, Williams, B., Winburn, Yates, Yuko, Amstutz, Grossman, Hottinger, Martin, Snitchler, Batchelder, Blessing, Combs, Derickson, Dolan, Hackett, McGregor, Mecklenborg, Oelslager, Stautberg
Senators Niehaus, Grendell, Harris, Seitz, Patton, Wagoner, Gillmor, Hughes

A JOINT RESOLUTION

Proposing to amend Section 2p of Article VIII of the 1
Constitution of the State of Ohio to permit the 2
issuance of additional general obligation bonds to 3
fund research and development and public 4
infrastructure capital improvements. 5

       Be it resolved by the General Assembly of the State of Ohio, 6
three-fifths of the members elected to each house concurring 7
herein, that there shall be submitted to the electors of the 8
state, in the manner prescribed by law at the special election to 9
be held on May 4, 2010, a proposal to amend Section 2p of Article 10
VIII of the Constitution of the State of Ohio to read as follows: 11

2p.  (A) It is determined and confirmed that the 12
development purposes referred to in this division, and provisions 13
for them, are proper public purposes of the state and local 14
governmental entities and are necessary and appropriate means to 15
create and preserve jobs and enhance employment and educational 16
opportunities; to improve the quality of life and the general and 17
economic well-being of all the people and businesses in all areas 18
of this state, including economically disadvantaged businesses and 19
individuals; and to preserve and expand the public capital 20
infrastructure; all to better ensure the public health, safety, 21
and welfare. Those purposes are: 22

       (1) Public infrastructure capital improvements, which shall 23
be limited to roads and bridges, waste water treatment systems, 24
water supply systems, solid waste disposal facilities, and storm 25
water and sanitary collection, storage, and treatment facilities, 26
including real property, interests in real property, facilities, 27
and equipment related to or incidental thereto, and shall include, 28
without limitation, the cost of acquisition, construction, 29
reconstruction, expansion, improvement, planning, and equipping; 30

       (2) Research and development in support of Ohio industry, 31
commerce, and business (hereinafter referred to as "research and 32
development purposes"), which shall include, without limitation, 33
research and product innovation, development, and 34
commercialization through efforts by and collaboration among Ohio 35
business and industry, state and local public entities and 36
agencies, public and private education institutions, or research 37
organizations and institutions, all as may be further provided for 38
by state or local law, but excluding purposes provided for in 39
Section 15 of Article VIII, Ohio Constitution; and 40

       (3) Development of sites and facilities in Ohio for and in 41
support of industry, commerce, distribution, and research and 42
development purposes. 43

       (B) The General Assembly may provide by law, in accordance 44
with but subject to the limitations of this section, for the 45
issuance of general obligation bonds and other obligations of the 46
state for the purpose of financing or assisting in the financing 47
of the cost of projects implementing those purposes. 48

       (1) Not more than one billion ~~three~~four hundred fifty 49
million dollars principal amount of state general obligations may 50
be issued under this section for public infrastructure capital 51
improvements. Not more than one hundred twenty million dollars 52
principal amount of those obligations may be issued in each of the 53
first five fiscal years of issuance, not more than two hundred 54
million dollars principal amount of those obligations may be 55
issued in each of the next two fiscal years of issuance, and not 56
more than one hundred fifty million dollars principal amount of 57
those obligations may be issued in each of the next ~~five~~three 58
fiscal years of issuance, plus in each case the principal amount 59
of those obligations that in any prior fiscal year could have been 60
but were not issued within those fiscal year limits. No 61
infrastructure obligations may be issued pursuant to this division 62
and division (C) of this section until at least one billion one 63
hundred ninety-nine million five hundred thousand dollars 64
aggregate principal amount of state infrastructure obligations 65
have been issued pursuant to Section 2m of Article VIII, Ohio 66
Constitution. 67

       (2) Not more than ~~five hundred million~~one billion dollars 68
principal amount of state general obligations may be issued under 69
this section for research and development purposes. Not more than 70
one hundred million dollars principal amount of those obligations 71
may be issued in each of the first three fiscal years of issuance, 72
~~and~~ not more than fifty million dollars principal amount of those 73
obligations may be issued in each of the next three fiscal years 74
of issuance, not more than one hundred seventy-five million 75
dollars principal amount of those obligations may be issued in the 76
next fiscal year of issuance, and not more than one hundred 77
twenty-five million dollars principal amount of those obligations 78
may be issued in any other fiscal year, plus in each case the 79
principal amount of those obligations that in any prior fiscal 80
year could have been but were not issued. 81

       (3) Not more than one hundred fifty million dollars principal 82
amount of state general obligations may be issued under this 83
section for development of sites and facilities for industry, 84
commerce, distribution, and research and development purposes. Not 85
more than thirty million dollars principal amount of those 86
obligations may be issued in each of the first three fiscal years 87
of issuance, and not more than fifteen million dollars principal 88
amount of those obligations may be issued in any other fiscal 89
year, plus in each case the principal amount of those obligations 90
that in any prior fiscal year could have been but were not issued. 91

        (C) Each issue of state general obligations for public 92
infrastructure capital improvements or development of sites and 93
facilities shall mature in not more than thirty years from the 94
date of issuance, and each issue of state general obligations for 95
research and development purposes shall mature in not more than 96
twenty years from the date of issuance; or, if issued to retire or 97
refund other obligations, within that number of years from the 98
date the debt being retired or refunded was originally issued. If 99
state general obligations are issued as notes in anticipation of 100
the issuance of bonds, provision shall be made by law for the 101
establishment and maintenance, during the period in which the 102
notes are outstanding, of a special fund or funds into which shall 103
be paid, from the sources authorized for the payment of such 104
bonds, the amount that would have been sufficient, if bonds 105
maturing during the permitted period of years had been issued 106
without such prior issuance of notes, to pay the principal that 107
would have been payable on such bonds during such period. Such 108
fund or funds shall be used solely for the payment of principal of 109
such notes or bonds in anticipation of which such notes have been 110
issued. Notwithstanding anything to the contrary in Section 2k or 111
2m of Article VIII, obligations issued under this section or 112
Section 2k or 2m to retire or refund obligations previously issued 113
under this section or Section 2k or 2m shall not be counted 114
against the fiscal year or total issuance limitations provided in 115
this section or Section 2k or 2m, as applicable. 116

       The obligations issued under this division and division (B) 117
of this section are general obligations of the state. The full 118
faith and credit, revenue, and taxing power of the state shall be 119
pledged to the payment of the principal of and premium and 120
interest and other accreted amounts on outstanding obligations as 121
they become due (hereinafter called debt service), and bond 122
retirement fund provisions shall be made for payment of that debt 123
service. Provision shall be made by law for the sufficiency and 124
appropriation, for purposes of paying debt service, of excises, 125
taxes, and revenues so pledged or committed to debt service, and 126
for covenants to continue the levy, collection, and application of 127
sufficient excises, taxes, and revenues to the extent needed for 128
that purpose. Notwithstanding Section 22 of Article II, Ohio 129
Constitution, no further act of appropriation shall be necessary 130
for that purpose. The obligations and the provision for the 131
payment of debt service, and repayment by governmental entities of 132
any loans made under this section, are not subject to Sections 5, 133
6, and 11 of Article XII, Ohio Constitution. Moneys referred to in 134
Section 5a of Article XII, Ohio Constitution may not be pledged or 135
used for the payment of that debt service. Debt service on 136
obligations issued for research and development purposes and for 137
development of sites and facilities shall not be included in the 138
calculation of total debt service for purposes of division (A) of 139
Section 17 of Article VIII, Ohio Constitution. 140

        (D)(1) The state may participate in any public infrastructure 141
capital improvement under this section with municipal 142
corporations, counties, townships, or other governmental entities 143
as designated by law, or any one or more of them. Such 144
participation may be by grants, loans, or contributions to them 145
for any such capital improvements. The entire proceeds of the 146
infrastructure obligations shall be used for public infrastructure 147
capital improvements of municipal corporations, counties, 148
townships, and other governmental entities, except to the extent 149
that the General Assembly provides by law that the state may 150
reasonably be compensated from such moneys for planning, financial 151
management, or administrative services performed in relation to 152
the issuance of infrastructure obligations. 153

       (2)(a) Implementation of the research and development 154
purposes includes supporting any and all related matters and 155
activities, including: attracting researchers and research teams 156
by endowing research chairs or otherwise; activities to develop 157
and commercialize products and processes; intellectual property 158
matters such as copyrights and patents; property interests, 159
including time sharing arrangements; and financial rights and 160
matters such as royalties, licensing, and other financial gain or 161
sharing resulting from research and development purposes. State 162
and local public moneys, including the proceeds of bonds, notes, 163
and other obligations, may be used to pay costs of or in support 164
of or related to these research and development purposes, 165
including, without limitation, capital formation, direct operating 166
costs, costs of research and facilities, including interests in 167
real property therefor, and support for public and private 168
institutions of higher education, research organizations or 169
institutions, and private sector entities. The exercise of these 170
powers by the state and state agencies, including state-supported 171
and state-assisted institutions of higher education, and local 172
public entities and agencies, may be jointly or in coordination 173
with each other, with researchers or research organizations and 174
institutions, with private institutions of higher education, with 175
individuals, or with private sector entities. State and local 176
public participation may be in such manner as the entity or agency 177
determines, including by any one or a combination of grants, loans 178
including loans to lenders or the purchase of loans, subsidies, 179
contributions, advances, or guarantees, or by direct investments 180
of or payment or reimbursement from available moneys, or by 181
providing staffing or other support, including computer or other 182
technology capacity, or equipment or facilities, including 183
interests in real property therefor, and either alone or jointly, 184
in collaborative or cooperative ventures, with other public 185
agencies and private sector entities including not for profit 186
entities. In addition to other state-level monetary participation 187
as referred to in this section or otherwise, state-supported and 188
state-assisted institutions of higher education may, as authorized 189
from time to time by the General Assembly, issue obligations to 190
pay costs of participating in and implementing research and 191
development purposes. In addition to the other obligations 192
authorized in or pursuant to this section, the General Assembly 193
also may authorize the state and state agencies and local public 194
entities and agencies, and corporations not for profit designated 195
by any of them as such agencies or instrumentalities, to issue 196
obligations to borrow and loan or otherwise provide moneys for 197
research and development purposes, including, but not limited to, 198
obligations for which moneys raised by taxation shall not be 199
obligated or pledged for the payment of debt service and which are 200
therefore not subject to Sections 5, 6, and 11 of Article XII, 201
Ohio Constitution. 202

       (b) Implementation of the research and development purposes 203
shall include utilization of independent reviewers to review the 204
merits of proposed research and development projects and to make 205
recommendations concerning which proposed projects should be 206
awarded support from the proceeds of the sale of obligations under 207
this section. Prior to the utilization of an independent reviewer, 208
the state agency proposing to award the support for a project 209
shall provide the name and other descriptive information regarding 210
the independent reviewer to the Governor, the President and 211
Minority Leader of the Senate, and the Speaker and Minority Leader 212
of the House of Representatives. If the recommendations of an 213
independent reviewer with respect to a proposed project are not 214
adopted by the state agency proposing to award the support for the 215
project, the agency shall notify the Governor, the President and 216
Minority Leader of the Senate, and the Speaker and Minority Leader 217
of the House of Representatives of that fact and explain the 218
reasons for not adopting the recommendations. 219

       (c) From the proceeds of the sale of obligations issued under 220
this section in fiscal year 2012 or thereafter for research and 221
development purposes, no amount of money may be awarded, promised, 222
or otherwise committed for any proposed research and development 223
project prior to the beginning of fiscal year 2012. 224

       (3) Development of sites and facilities for and in support of 225
industry, commerce, distribution, and research and development 226
purposes includes acquisition of real estate and interests in real 227
estate, site preparation including any necessary remediation and 228
cleanup, constructing and improving facilities, and providing 229
public infrastructure capital improvements and other 230
transportation and communications infrastructure improvements for 231
and in support of the use of those sites and facilities for those 232
purposes. State and local public moneys, including the proceeds of 233
bonds, notes, and other obligations, may be used to pay costs of 234
those purposes. The exercise of these powers by the state and 235
state agencies and local public entities and agencies, may be 236
jointly or in coordination with each other, and with individuals 237
or private sector business entities. State and local public 238
participation may be in such manner as the entity or agency 239
determines, including by any one or a combination of grants, loans 240
including loans to lenders or the purchase of loans, subsidies, 241
contributions, advances, or guarantees, or by direct investments 242
of or payment or reimbursement from available moneys. In addition 243
to other state-level monetary participation as referred to in this 244
section or otherwise, state-supported and state-assisted 245
institutions of higher education, and local public entities and 246
agencies may, as authorized from time to time by the General 247
Assembly, issue obligations to pay costs of participating in and 248
implementing the development of sites and facilities. 249

       (E) Obligations issued under authority of this section for 250
research and development purposes and site and facility 251
development purposes, provisions for the payment of debt service 252
on them, the purposes and uses to which and the manner in which 253
the proceeds of those obligations or moneys from other sources are 254
to or may be applied, and other implementation of those 255
development purposes as referred to in this section, are not 256
subject to Sections 4 and 6 of Article VIII, Ohio Constitution. 257
Obligations issued under authority of this section, the transfer 258
thereof, and the interest, interest equivalent, and other income 259
and accreted amounts therefrom, including any profit made on the 260
sale, exchange, or other disposition thereof, shall at all times 261
be free from taxation within the state. 262

       (F) This section shall otherwise be implemented in the manner 263
and to the extent provided by law by the General Assembly, 264
including provision for the procedure for incurring and issuing 265
obligations, separately or in combination with other obligations, 266
and refunding, retiring, and evidencing obligations; provision for 267
ensuring the accountability of all state funding provided for the 268
development purposes referred to in division (A) of this section; 269
provision for restricting or limiting the taking of private 270
property under Section 19 of Article I for disposition to private 271
sector entities for the purposes identified in divisions (A)(2) 272
and (3) of this section or restricting the disposition of that 273
property to private sector entities or individuals; and provision 274
for the implementation of the development purposes referred to in 275
division (A) of this section to benefit people and businesses 276
otherwise qualified for receipt of funding for the development 277
purposes referred to in division (A) of this section, including 278
economically disadvantaged businesses and individuals in all areas 279
of this state, including by the use to the extent practicable of 280
Ohio products, materials, services, and labor. 281

       (G) The powers and authority granted or confirmed by and 282
under, and the determinations in, this section are independent of, 283
in addition to, and not in derogation of or a limitation on, 284
powers, authority, determinations, or confirmations under laws or 285
under other provisions of the Ohio Constitution including, without 286
limitation, Section 7 of Article I, Section 5 of Article VI, 287
Sections 2i, 2n, 2o, 13, and 15 of Article VIII, Article X, and 288
Section 3 of Article XVIII, and do not impair any previously 289
adopted provisions of the Ohio Constitution or any law previously 290
enacted by the General Assembly or by a local public agency. 291

EFFECTIVE DATE AND REPEAL 292

       If adopted by a majority of the electors voting on this 293
proposal, the proposal shall take effect immediately, and existing 294
Section 2p of Article VIII of the Constitution of the State of 295
Ohio shall be repealed from that effective date. 296

Be it resolved by the General Assembly of the State of Ohio,	6
three-fifths of the members elected to each house concurring	7
herein, that there shall be submitted to the electors of the	8
state, in the manner prescribed by law at the special election to	9
be held on May 4, 2010, a proposal to amend Section 2p of Article	10
VIII of the Constitution of the State of Ohio to read as follows:	11

2p. (A) It is determined and confirmed that the	12
development purposes referred to in this division, and provisions	13
for them, are proper public purposes of the state and local	14
governmental entities and are necessary and appropriate means to	15
create and preserve jobs and enhance employment and educational	16
opportunities; to improve the quality of life and the general and	17
economic well-being of all the people and businesses in all areas	18
of this state, including economically disadvantaged businesses and	19
individuals; and to preserve and expand the public capital	20
infrastructure; all to better ensure the public health, safety,	21
and welfare. Those purposes are:	22

(1) Public infrastructure capital improvements, which shall	23
be limited to roads and bridges, waste water treatment systems,	24
water supply systems, solid waste disposal facilities, and storm	25
water and sanitary collection, storage, and treatment facilities,	26
including real property, interests in real property, facilities,	27
and equipment related to or incidental thereto, and shall include,	28
without limitation, the cost of acquisition, construction,	29
reconstruction, expansion, improvement, planning, and equipping;	30

(2) Research and development in support of Ohio industry,	31
commerce, and business (hereinafter referred to as "research and	32
development purposes"), which shall include, without limitation,	33
research and product innovation, development, and	34
commercialization through efforts by and collaboration among Ohio	35
business and industry, state and local public entities and	36
agencies, public and private education institutions, or research	37
organizations and institutions, all as may be further provided for	38
by state or local law, but excluding purposes provided for in	39
Section 15 of Article VIII, Ohio Constitution; and	40

(3) Development of sites and facilities in Ohio for and in	41
support of industry, commerce, distribution, and research and	42
development purposes.	43

(B) The General Assembly may provide by law, in accordance	44
with but subject to the limitations of this section, for the	45
issuance of general obligation bonds and other obligations of the	46
state for the purpose of financing or assisting in the financing	47
of the cost of projects implementing those purposes.	48

(1) Not more than one billion ~~three~~four hundred fifty	49
million dollars principal amount of state general obligations may	50
be issued under this section for public infrastructure capital	51
improvements. Not more than one hundred twenty million dollars	52
principal amount of those obligations may be issued in each of the	53
first five fiscal years of issuance, not more than two hundred	54
million dollars principal amount of those obligations may be	55
issued in each of the next two fiscal years of issuance, and not	56
more than one hundred fifty million dollars principal amount of	57
those obligations may be issued in each of the next ~~five~~three	58
fiscal years of issuance, plus in each case the principal amount	59
of those obligations that in any prior fiscal year could have been	60
but were not issued within those fiscal year limits. No	61
infrastructure obligations may be issued pursuant to this division	62
and division (C) of this section until at least one billion one	63
hundred ninety-nine million five hundred thousand dollars	64
aggregate principal amount of state infrastructure obligations	65
have been issued pursuant to Section 2m of Article VIII, Ohio	66
Constitution.	67

(2) Not more than ~~five hundred million~~one billion dollars	68
principal amount of state general obligations may be issued under	69
this section for research and development purposes. Not more than	70
one hundred million dollars principal amount of those obligations	71
may be issued in each of the first three fiscal years of issuance,	72
~~and~~ not more than fifty million dollars principal amount of those	73
obligations may be issued in each of the next three fiscal years	74
of issuance, not more than one hundred seventy-five million	75
dollars principal amount of those obligations may be issued in the	76
next fiscal year of issuance, and not more than one hundred	77
twenty-five million dollars principal amount of those obligations	78
may be issued in any other fiscal year, plus in each case the	79
principal amount of those obligations that in any prior fiscal	80
year could have been but were not issued.	81

(3) Not more than one hundred fifty million dollars principal	82
amount of state general obligations may be issued under this	83
section for development of sites and facilities for industry,	84
commerce, distribution, and research and development purposes. Not	85
more than thirty million dollars principal amount of those	86
obligations may be issued in each of the first three fiscal years	87
of issuance, and not more than fifteen million dollars principal	88
amount of those obligations may be issued in any other fiscal	89
year, plus in each case the principal amount of those obligations	90
that in any prior fiscal year could have been but were not issued.	91

(C) Each issue of state general obligations for public	92
infrastructure capital improvements or development of sites and	93
facilities shall mature in not more than thirty years from the	94
date of issuance, and each issue of state general obligations for	95
research and development purposes shall mature in not more than	96
twenty years from the date of issuance; or, if issued to retire or	97
refund other obligations, within that number of years from the	98
date the debt being retired or refunded was originally issued. If	99
state general obligations are issued as notes in anticipation of	100
the issuance of bonds, provision shall be made by law for the	101
establishment and maintenance, during the period in which the	102
notes are outstanding, of a special fund or funds into which shall	103
be paid, from the sources authorized for the payment of such	104
bonds, the amount that would have been sufficient, if bonds	105
maturing during the permitted period of years had been issued	106
without such prior issuance of notes, to pay the principal that	107
would have been payable on such bonds during such period. Such	108
fund or funds shall be used solely for the payment of principal of	109
such notes or bonds in anticipation of which such notes have been	110
issued. Notwithstanding anything to the contrary in Section 2k or	111
2m of Article VIII, obligations issued under this section or	112
Section 2k or 2m to retire or refund obligations previously issued	113
under this section or Section 2k or 2m shall not be counted	114
against the fiscal year or total issuance limitations provided in	115
this section or Section 2k or 2m, as applicable.	116

The obligations issued under this division and division (B)	117
of this section are general obligations of the state. The full	118
faith and credit, revenue, and taxing power of the state shall be	119
pledged to the payment of the principal of and premium and	120
interest and other accreted amounts on outstanding obligations as	121
they become due (hereinafter called debt service), and bond	122
retirement fund provisions shall be made for payment of that debt	123
service. Provision shall be made by law for the sufficiency and	124
appropriation, for purposes of paying debt service, of excises,	125
taxes, and revenues so pledged or committed to debt service, and	126
for covenants to continue the levy, collection, and application of	127
sufficient excises, taxes, and revenues to the extent needed for	128
that purpose. Notwithstanding Section 22 of Article II, Ohio	129
Constitution, no further act of appropriation shall be necessary	130
for that purpose. The obligations and the provision for the	131
payment of debt service, and repayment by governmental entities of	132
any loans made under this section, are not subject to Sections 5,	133
6, and 11 of Article XII, Ohio Constitution. Moneys referred to in	134
Section 5a of Article XII, Ohio Constitution may not be pledged or	135
used for the payment of that debt service. Debt service on	136
obligations issued for research and development purposes and for	137
development of sites and facilities shall not be included in the	138
calculation of total debt service for purposes of division (A) of	139
Section 17 of Article VIII, Ohio Constitution.	140

(D)(1) The state may participate in any public infrastructure	141
capital improvement under this section with municipal	142
corporations, counties, townships, or other governmental entities	143
as designated by law, or any one or more of them. Such	144
participation may be by grants, loans, or contributions to them	145
for any such capital improvements. The entire proceeds of the	146
infrastructure obligations shall be used for public infrastructure	147
capital improvements of municipal corporations, counties,	148
townships, and other governmental entities, except to the extent	149
that the General Assembly provides by law that the state may	150
reasonably be compensated from such moneys for planning, financial	151
management, or administrative services performed in relation to	152
the issuance of infrastructure obligations.	153

(2)(a) Implementation of the research and development	154
purposes includes supporting any and all related matters and	155
activities, including: attracting researchers and research teams	156
by endowing research chairs or otherwise; activities to develop	157
and commercialize products and processes; intellectual property	158
matters such as copyrights and patents; property interests,	159
including time sharing arrangements; and financial rights and	160
matters such as royalties, licensing, and other financial gain or	161
sharing resulting from research and development purposes. State	162
and local public moneys, including the proceeds of bonds, notes,	163
and other obligations, may be used to pay costs of or in support	164
of or related to these research and development purposes,	165
including, without limitation, capital formation, direct operating	166
costs, costs of research and facilities, including interests in	167
real property therefor, and support for public and private	168
institutions of higher education, research organizations or	169
institutions, and private sector entities. The exercise of these	170
powers by the state and state agencies, including state-supported	171
and state-assisted institutions of higher education, and local	172
public entities and agencies, may be jointly or in coordination	173
with each other, with researchers or research organizations and	174
institutions, with private institutions of higher education, with	175
individuals, or with private sector entities. State and local	176
public participation may be in such manner as the entity or agency	177
determines, including by any one or a combination of grants, loans	178
including loans to lenders or the purchase of loans, subsidies,	179
contributions, advances, or guarantees, or by direct investments	180
of or payment or reimbursement from available moneys, or by	181
providing staffing or other support, including computer or other	182
technology capacity, or equipment or facilities, including	183
interests in real property therefor, and either alone or jointly,	184
in collaborative or cooperative ventures, with other public	185
agencies and private sector entities including not for profit	186
entities. In addition to other state-level monetary participation	187
as referred to in this section or otherwise, state-supported and	188
state-assisted institutions of higher education may, as authorized	189
from time to time by the General Assembly, issue obligations to	190
pay costs of participating in and implementing research and	191
development purposes. In addition to the other obligations	192
authorized in or pursuant to this section, the General Assembly	193
also may authorize the state and state agencies and local public	194
entities and agencies, and corporations not for profit designated	195
by any of them as such agencies or instrumentalities, to issue	196
obligations to borrow and loan or otherwise provide moneys for	197
research and development purposes, including, but not limited to,	198
obligations for which moneys raised by taxation shall not be	199
obligated or pledged for the payment of debt service and which are	200
therefore not subject to Sections 5, 6, and 11 of Article XII,	201
Ohio Constitution.	202

(b) Implementation of the research and development purposes	203
shall include utilization of independent reviewers to review the	204
merits of proposed research and development projects and to make	205
recommendations concerning which proposed projects should be	206
awarded support from the proceeds of the sale of obligations under	207
this section. Prior to the utilization of an independent reviewer,	208
the state agency proposing to award the support for a project	209
shall provide the name and other descriptive information regarding	210
the independent reviewer to the Governor, the President and	211
Minority Leader of the Senate, and the Speaker and Minority Leader	212
of the House of Representatives. If the recommendations of an	213
independent reviewer with respect to a proposed project are not	214
adopted by the state agency proposing to award the support for the	215
project, the agency shall notify the Governor, the President and	216
Minority Leader of the Senate, and the Speaker and Minority Leader	217
of the House of Representatives of that fact and explain the	218
reasons for not adopting the recommendations.	219

(c) From the proceeds of the sale of obligations issued under	220
this section in fiscal year 2012 or thereafter for research and	221
development purposes, no amount of money may be awarded, promised,	222
or otherwise committed for any proposed research and development	223
project prior to the beginning of fiscal year 2012.	224

(3) Development of sites and facilities for and in support of	225
industry, commerce, distribution, and research and development	226
purposes includes acquisition of real estate and interests in real	227
estate, site preparation including any necessary remediation and	228
cleanup, constructing and improving facilities, and providing	229
public infrastructure capital improvements and other	230
transportation and communications infrastructure improvements for	231
and in support of the use of those sites and facilities for those	232
purposes. State and local public moneys, including the proceeds of	233
bonds, notes, and other obligations, may be used to pay costs of	234
those purposes. The exercise of these powers by the state and	235
state agencies and local public entities and agencies, may be	236
jointly or in coordination with each other, and with individuals	237
or private sector business entities. State and local public	238
participation may be in such manner as the entity or agency	239
determines, including by any one or a combination of grants, loans	240
including loans to lenders or the purchase of loans, subsidies,	241
contributions, advances, or guarantees, or by direct investments	242
of or payment or reimbursement from available moneys. In addition	243
to other state-level monetary participation as referred to in this	244
section or otherwise, state-supported and state-assisted	245
institutions of higher education, and local public entities and	246
agencies may, as authorized from time to time by the General	247
Assembly, issue obligations to pay costs of participating in and	248
implementing the development of sites and facilities.	249

(E) Obligations issued under authority of this section for	250
research and development purposes and site and facility	251
development purposes, provisions for the payment of debt service	252
on them, the purposes and uses to which and the manner in which	253
the proceeds of those obligations or moneys from other sources are	254
to or may be applied, and other implementation of those	255
development purposes as referred to in this section, are not	256
subject to Sections 4 and 6 of Article VIII, Ohio Constitution.	257
Obligations issued under authority of this section, the transfer	258
thereof, and the interest, interest equivalent, and other income	259
and accreted amounts therefrom, including any profit made on the	260
sale, exchange, or other disposition thereof, shall at all times	261
be free from taxation within the state.	262

(F) This section shall otherwise be implemented in the manner	263
and to the extent provided by law by the General Assembly,	264
including provision for the procedure for incurring and issuing	265
obligations, separately or in combination with other obligations,	266
and refunding, retiring, and evidencing obligations; provision for	267
ensuring the accountability of all state funding provided for the	268
development purposes referred to in division (A) of this section;	269
provision for restricting or limiting the taking of private	270
property under Section 19 of Article I for disposition to private	271
sector entities for the purposes identified in divisions (A)(2)	272
and (3) of this section or restricting the disposition of that	273
property to private sector entities or individuals; and provision	274
for the implementation of the development purposes referred to in	275
division (A) of this section to benefit people and businesses	276
otherwise qualified for receipt of funding for the development	277
purposes referred to in division (A) of this section, including	278
economically disadvantaged businesses and individuals in all areas	279
of this state, including by the use to the extent practicable of	280
Ohio products, materials, services, and labor.	281

(G) The powers and authority granted or confirmed by and	282
under, and the determinations in, this section are independent of,	283
in addition to, and not in derogation of or a limitation on,	284
powers, authority, determinations, or confirmations under laws or	285
under other provisions of the Ohio Constitution including, without	286
limitation, Section 7 of Article I, Section 5 of Article VI,	287
Sections 2i, 2n, 2o, 13, and 15 of Article VIII, Article X, and	288
Section 3 of Article XVIII, and do not impair any previously	289
adopted provisions of the Ohio Constitution or any law previously	290
enacted by the General Assembly or by a local public agency.	291

If adopted by a majority of the electors voting on this	293
proposal, the proposal shall take effect immediately, and existing	294
Section 2p of Article VIII of the Constitution of the State of	295
Ohio shall be repealed from that effective date.	296