SB 420: Regards JobsOhio public records, open meetings, performance audit
To amend sections 117.46, 121.01, 121.22, 149.011, 149.43, 187.01, 187.03, and 187.04 of the Revised Code to establish that records created by JobsOhio are public records under Ohio Public Records Law, to require JobsOhio to comply with the Open Meetings Law, and to require the Auditor of State to conduct a performance audit of JobsOhio.
| Apr. 15, 2026 | Referred to committee: Finance |
| Apr. 09, 2026 | Introduced |
136th General Assembly
Regular Session
2025-2026
Senator O'Brien
To amend sections 117.46, 121.01, 121.22, 149.011, 149.43, 187.01, 187.03, and 187.04 of the
Revised Code to establish that records created by JobsOhio are public records under Ohio Public
Records Law, to require JobsOhio to comply with the Open Meetings Law, and to require the
Auditor of State to conduct a performance audit of JobsOhio.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
That sections 117.46, 121.01, 121.22, 149.011, 149.43, 187.01, 187.03, and 187.04 of the Revised Code be
amended to read as follows:
(A) Each biennium the auditor of state shall conduct a minimum of four performance audits under this section.
Except as otherwise provided in this section, at least two of the audits shall be of state agencies selected from a list
comprised of the administrative departments listed in section 121.02 of the Revised Code and the department of education and
workforce and at least two of the audits shall be of other state agencies. At the auditor of state's discretion, the auditor
of state may also conduct performance audits of state institutions of higher education. The offices of the attorney general,
auditor of state, governor, secretary of state, and treasurer of state and agencies of the legislative and judicial branches are
not subject to an audit under this section.
The auditor shall select each agency or institution to be audited and shall determine whether to audit the entire agency
or institution or a portion of the agency or institution by auditing one or more programs, offices, boards, councils, or
other entities within that agency or institution. The auditor shall make the selection and determination in consultation with
the governor and the speaker and minority leader of the house of representatives and president and minority leader of the
senate.
An audit of a portion of an agency or institution shall be considered an audit of one agency or institution. The authority
to audit a portion of an agency or institution in no way limits the auditor's ability to audit an entire agency or institution
if it is in the best interest of the state.
(B) The auditor of state annually shall conduct a performance audit of the nonprofit corporation formed under
section 187.01 of the Revised Code as if it was a state agency under sections 117.01 and 117.13 of the Revised Code.
(C) The performance audits under this section shall be conducted pursuant to sections 117.01 and 117.13 of the Revised Code.
In conducting a performance audit, the auditor of state shall determine the scope of the audit, but shall consider, if
appropriate, supervisory and subordinate level operations in the agency or institution. A performance audit under this section
shall not include review or evaluation of an institution's academic performance.
As used in this section and in sections 117.461, 117.462, 117.463, and 117.47 of the Revised Code, "state institution of higher education" has the meaning defined in section 3345.011 of the Revised Code.
As used in sections 121.01 to 121.20 of the Revised Code:
(A) "Department" means the several departments of state administration enumerated in section 121.02 of the Revised Code.
(B) "Division" means a part of a department established as provided in section 121.07 of the Revised Code for the convenient performance of one or more of the functions committed to a department.
(C) "Departments, offices, and institutions" include every organized body, office, and agency established by the constitution and laws of the state for the exercise of any function of the state government, and every institution or organization which receives any support from the state. "Departments, offices, and institutions" does not include the nonprofit corporation formed under section 187.01 of the Revised Code.
(A) This section shall be liberally construed to require public officials to take official action and to conduct all deliberations upon official business only in open meetings unless the subject matter is specifically excepted by law.
(B) As used in this section:
(1) "Public body" means any of the following:
(a) Any board, commission, committee, council, or similar decision-making body of a state agency, institution, or authority, and any legislative authority or board, commission, committee, council, agency, authority, or similar decision-making body of any county, township, municipal corporation, school district, or other political subdivision or local public institution;
(b) Any committee or subcommittee of a body described in division (B)(1)(a) of this section;
(c) A court of jurisdiction of a sanitary district organized wholly for the purpose of providing a water supply for domestic, municipal, and public use when meeting for the purpose of the appointment, removal, or reappointment of a member of the board of directors of such a district pursuant to section 6115.10 of the Revised Code, if applicable, or for any other matter related to such a district other than litigation involving the district. As used in division (B)(1)(c) of this section, "court of jurisdiction" has the same meaning as "court" in section 6115.01 of the Revised Code.
(2) "Meeting" means any prearranged discussion of the public business of the public body by a majority of its members.
(3) "Regulated individual" means either of the following:
(a) A student in a state or local public educational institution;
(b) A person who is, voluntarily or involuntarily, an inmate, patient, or resident of a state or local institution because of criminal behavior, mental illness, an intellectual disability, disease, disability, age, or other condition requiring custodial care.
(4) "Public office" has the same meaning as in section 149.011 of the Revised Code.
(C) All meetings of any public body are declared to be public meetings open to the public at all times. A member of a public body shall be present in person at a meeting open to the public to be considered present or to vote at the meeting and for purposes of determining whether a quorum is present at the meeting.
The minutes of a regular or special meeting of any public body shall be promptly prepared, filed, and maintained and shall be open to public inspection. The minutes need only reflect the general subject matter of discussions in executive sessions authorized under division (G) or (J) of this section.
(D) This section does not apply to any of the following:
(1) A grand jury;
(2) An audit conference conducted by the auditor of state or independent certified public accountants with officials of the public office that is the subject of the audit;
(3) The adult parole authority when its hearings are conducted at a correctional institution for the sole purpose of interviewing inmates to determine parole or pardon and the department of rehabilitation and correction when its hearings are conducted at a correctional institution for the sole purpose of making determinations under section 2967.271 of the Revised Code regarding the release or maintained incarceration of an offender to whom that section applies;
(4) The organized crime investigations commission established under section 177.01 of the Revised Code;
(5) Meetings of a child fatality review board established under section 307.621 of the Revised Code, meetings related to a review conducted pursuant to guidelines established by the director of health under section 3701.70 of the Revised Code, and meetings conducted pursuant to sections 5153.171 to 5153.173 of the Revised Code;
(6) The state medical board when determining whether to suspend a license or certificate without a prior hearing pursuant to division (G) of either section 4730.25 or 4731.22 of the Revised Code;
(7) The board of nursing when determining whether to suspend a license or certificate without a prior hearing pursuant to division (B) of section 4723.281 of the Revised Code;
(8) The state board of pharmacy when determining whether to do either of the following:
(a) Suspend a license, certification, or registration without a prior hearing, including during meetings conducted by telephone conference, pursuant to Chapters 3719., 3796., 4729., and 4752. of the Revised Code and rules adopted thereunder; or
(b) Restrict a person from obtaining further information from the drug database established in section 4729.75 of the Revised Code without a prior hearing pursuant to division (C) of section 4729.86 of the Revised Code.
(9) The state chiropractic board when determining whether to suspend a license without a hearing pursuant to section 4734.37 of the Revised Code;
(10) The executive committee of the emergency response commission when determining whether to issue an enforcement order or request that a civil action, civil penalty action, or criminal action be brought to enforce Chapter 3750. of the Revised Code;
(11) The board of directors of the nonprofit corporation formed under section 187.01 of the Revised Code or any committee thereof, and the board of directors of any subsidiary of that corporation or a committee thereof;
(12) An audit conference conducted by the audit staff of the department of job and family services with officials of the public office that is the subject of that audit under section 5101.37 of the Revised Code;
(13) The occupational therapy section of the occupational therapy, physical therapy, and athletic trainers board when determining whether to suspend a license without a prior hearing pursuant to division (E) of section 4755.11 of the Revised Code;
(14) The physical therapy section of the occupational therapy, physical therapy, and athletic trainers board when determining whether to suspend a license without a hearing pursuant to division (F) of section 4755.47 of the Rev