House Bill 1, Ohio 2011
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| Status: | Final Status: (Referred to Finance and Appropriations Committee) | ||||
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| Sponsor: | Representative Mike Duffey | ||||
| Introduction date: | 01/11/11 | ||||
| State law: | Ohio Open Records Law Ohio Open Meetings Law | ||||
| Bill text: | As Introduced As reported by House Committee | ||||
| Status key: |
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Contents |
[edit] HB 1
House Bill 1, introduced to the House of Representatives by Representative Mike Duffey is the Governor's JobsOhio bill. The bill is quite long and extremely complicated. This bill exempts JobsOhio from being a public agency while allowing it to receive funds from the public. More information about Ohio's laws on private agencies receiving public funding can be found at our Private Agencies, Public Dollars page The bill would also exempt the corporation from the public records and open meetings laws of the state.[1]
[edit] Details
Below are the amendments that effect Open Meetings or Public Records law:
The non-profit organization established by provision 187.01 will not be considered:
- a "State agency" under Sec. 1.60
- a "Public agency" under Sec. 102.01
- a "Public office" under Sec. 117.01
- "Departments, offices, and institutions" as under Sec. 121.01
- "Public office" or "State agency" under Sec. 149.011
- "Public employer" under section 4117.01
Employees of the non-profit organization established under provision 187.01 would not be considered:
- a "State employees" under section 121.41
- a state "Employee" under Sec. 124.01
- in the "Service of the state" or "civil service of the state" under Sec. 124.01
- a "Public employee" under section 145.012
- a "Public official" under section 2921.01
The non-profit organization established by provision 187.01 is considered a :
- "Executive agency" under Sec. 121.60
R.C. Sec. 187.01 subheading D allows the Chief Investment Officer to: "execute contracts, spend corporation funds, and hire employees on behalf of the corporation."
R.C. Sec. 187.01 subheading F-7 would require the non-profit to hold four board meetings a year with a quorum of the board physically present. As per
R.C. Sec. 187.01 subheading J would require a provision to establish and independent audit committee that would conduct a financial audit to be conducted by an independent certified public accountant annually.
R.C. Sec. 187.03 subheading 3 would require the corporation to file a report with the Department of Development detailing the actual expenditures paid by the corporation during the preceding calendar year. The report must include the dollar value, purpose, date and location of the expenditure. However, any proprietary information would not be included in this report.
R.C. Sec. 187.03 subheading E would require the Chief Investment Officer to submit a report of JobsOhio's yearly activities. This report must include:
- an analysis of the state's economy
- a description of the structure, operation and financial status of the corporation
- a description of the corporation's strategy to improve the state economy and standards to evaluate progress
- an evaluation of the performance of current strategies
- an analysis of statutes or administrative barriers to successful economic development, business recruitment, and job growth in the state
R.C. Sec. 187.04 subheading B would require the Director of Development to assign terms and designate which records will be made public records under section 149.43 of the Ohio Revised Code. The records designated under the division are as follows:
- The corporation's federal income tax returns
- A report of expenditures
- The annual total compensation paid to each employee of the corporation
- A copy of the audit report for each financial audit of the corporation performed by an independent certified public accountant
- Records of any fully executed incentive proposals, to be filed annually
- Records pertaining to the monitoring of commitments made by incentive recipients, which must be filed annually
R.C. Sec. 187.04 subheading C would make all records created or received by JobsOhio exempt from being public records regardless of who has custody of said records unless it is under the designations of subheading B.
R.C. Sec. 187.06 subheading D would require the board of directors to keep minutes of meetings which would contain the names of individuals who disclosed a conflict of interests pursuiant to subheading B, the nature of said conflict and any actions taken thereafter. The names of those individuals present for discussions and votes would also be taken. It is unclear if these minutes would be public record or not. [1]
[edit] Current bill status
The bill has be returned from committee and is awaiting a vote.
[edit] Support for the bill
Many in Kasich's camp believe that JobsOhio must work outside the public framework in order to attract jobs to Ohio. Mark Kvamme, a venture capitalist charged with developing the project said that: "[Businesses] actually don't even want to communicate with us in some cases because they do not want it to be let out that they are looking at another state, or another state has offered to work with them because all those records will be given out to the public. We want to be fully transparent, we want to have all the information out there, but we want to make sure it is done in a way that we do not disrupt working with these individual corporations."[2]
[edit] Criticism of the bill
On the other side Kent State University professor Tim Smith, chairman of the school's Media Law Center for Ethics and Access said: "If Kasich is creating a nonprofit agency to do what the public Department of Development did, then chances are it would fall within the reach of Ohio's open records law in terms of record-keeping and meetings. The governor's best wishes to the contrary, you cannot just declare that certain agencies are exempt no matter how much you'd like it to be." [3]
[edit] News stories
- The Plain Dealer, "Gov. John Kasich's new economic development corporation, JobsOhio, exempt from state laws for transparency and oversight" 1/26/2011
- Hudson Hub Times Concerns raised over Sunshine Law exemptions planned for 'JobsOhio' 1/30/2011
- The Columbus Dispatch Revision beefs up JobsOhio oversight 1/26/2011
- Ohio Legislature considers new plan JobsOhio, a new private agency funded by public dollars
[edit] See also
- Ohio Open Records Law
- Ohio Open Meetings Law
- Ohio transparency legislation
- Proposed transparency legislation, 2011
- House Bill 113, Ohio 2011
[edit] External links
[edit] References
- ↑ 1.0 1.1 Text of HB 1
- ↑ The Plain Dealer, "Gov. John Kasich's new economic development corporation, JobsOhio, exempt from state laws for transparency and oversight" 1/26/2011
- ↑ The Plain Dealer, "Gov. John Kasich's new economic development corporation, JobsOhio, exempt from state laws for transparency and oversight" 1/26/2011
[edit] Similar bills from other states
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