To amend section 3318.31 of the Revised Code to transfer appointment of the executive director of the Ohio School Facilities Commission from the Commission to the Governor, with the advice and consent of the Senate.

Section 1. That section 3318.31 of the Revised Code be amended to read as follows:

Sec. 3318.31.  (A) The Ohio school facilities commission may perform any act and ensure the performance of any function necessary or appropriate to carry out the purposes of, and exercise the powers granted under, Chapter 3318. of the Revised Code, including any of the following:

(1) Adopt, amend, and rescind, pursuant to section 111.15 of the Revised Code, rules for the administration of programs authorized under Chapter 3318. of the Revised Code.

(2) Contract with, retain the services of, or designate, and fix the compensation of, such agents, accountants, consultants, advisers, and other independent contractors as may be necessary or desirable to carry out the programs authorized under Chapter 3318. of the Revised Code, or authorize the executive director to perform such powers and duties.

(3) Receive and accept any gifts, grants, donations, and pledges, and receipts therefrom, to be used for the programs authorized under Chapter 3318. of the Revised Code.

(4) Make and enter into all contracts, commitments, and agreements, and execute all instruments, necessary or incidental to the performance of its duties and the execution of its rights and powers under Chapter 3318. of the Revised Code, or authorize the executive director to perform such powers and duties.

(B) The (1) Until January 10, 2011, the commission shall appoint and fix the compensation of an executive director who shall serve at the pleasure of the commission. The term of the executive director in office on the effective date of this amendment shall expire January 10, 2011. The commission shall fill any vacancy in the office of executive director that occurs prior to January 10, 2011, for the remainder of that term.

(2) Beginning January 10, 2011, the governor shall appoint the executive director, with the advice and consent of the senate. The executive director shall hold office during the term of the appointing governor, and is subject to removal at the pleasure of the governor. The commission shall continue to fix the compensation of the executive director.

(3) The executive director shall supervise the operations of the commission and perform such other duties as delegated by the commission. The executive director also shall employ and fix the compensation of such employees as will facilitate the activities and purposes of the commission, who shall serve at the pleasure of the executive director. The employees of the commission shall be exempt from Chapter 4117. of the Revised Code and shall not be public employees as defined in section 4117.01 of the Revised Code.

(C) The attorney general shall serve as the legal representative for the commission and may appoint other counsel as necessary for that purpose in accordance with section 109.07 of the Revised Code.

Section 2. That existing section 3318.31 of the Revised Code is hereby repealed.