As Passed by the House

127th General Assembly
Regular Session
2007-2008
Am. Sub. S. B. No. 84


Senator Schaffer 

Cosponsors: Senators Boccieri, Cates, Amstutz, Fedor, Harris, Mason, Padgett, Seitz, Schuler, Schuring, Spada, Wilson, Smith, Stivers, Faber, Gardner, Niehaus, Sawyer 

Representatives Combs, McGregor, J., Flowers, Mallory, Chandler, Adams, Blessing, Budish, DeBose, Domenick, Dyer, Evans, Hagan, R., Hughes, Patton, Schindel, Uecker 



A BILL
To amend sections 305.09, 305.10, 305.11, and 1
5502.31 of the Revised Code to allow boards of 2
county commissioners to maintain meeting records 3
by electronic means and to specify an 4
additional type of Emergency Management Agency 5
for which a political subdivision may make an 6
appropriation. 7


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

       Section 1.  That sections 305.09, 305.10, 305.11, and 8
5502.31 of the Revised Code be amended to read as follows:9

       Sec. 305.09.  All the proceedings of the board of county 10
commissioners shall be public, at the office provided for the 11
board in the county seat, or at another location, as provided in 12
division (B) of section 305.06 or division (B) of section 305.07 13
of the Revised Code, and, as far as possible, shall be in 14
conformity with the rules of parliamentary law.15

       If the clerk of the board maintains the full record of the 16
proceedings by electronic means, the chairperson of the board, 17
prior to complying with section 305.11 of the Revised Code, 18
shall announce that the record is being maintained in such a 19
manner and, during the proceedings, shall ensure that each person 20
self-identifies prior to speaking during the proceedings.21

       Sec. 305.10. The(A) Except as otherwise provided in 22
division (B) of this section, the clerk of the board of county23
commissioners shall keep a full written record of the proceedings 24
of the board, and a written general index of suchthose25
proceedings, entering each motion with the name of the person 26
making it on the record. HeThe clerk shall call and record the 27
yeas and nays on each motion which involves the levying of taxes 28
or appropriation or payment of money. HeThe clerk shall state 29
fully and clearly in the record any question relating to the 30
powers and duties of the board which is raised for its 31
consideration by any person having an interest therein, together 32
with the decision on such question, and shall call and record the 33
yeas and nays by which the decision is made. When requested by a 34
party interested in the proceedings or by hisa party's counsel, 35
the clerk shall record any legal proposition decided by the board, 36
the decision thereon, and the votes by which the decision is 37
reached. If either party, in person or by counsel, excepttakes 38
exception to such decision, the clerk shall record the exceptions39
with the record of the decision.40

       (B) A board of county commissioners may elect to maintain a 41
full record of its proceedings by electronic means, including, but 42
not limited to, those listed in section 9.01 of the Revised Code, 43
by adopting a resolution that directs the clerk to maintain a full 44
record of the proceedings by electronic means. The clerk also 45
shall maintain a general index of the electronic record in either 46
a written form or by electronic means, as determined by the board 47
in its resolution. The board's resolution also may authorize the 48
clerk to maintain a written summary of the record of the 49
proceedings, provided that the summary shall include a notation 50
that the full record of proceedings is maintained by electronic 51
means. If the electronic means malfunctions, the clerk shall 52
create the full written record of the proceedings as described in 53
division (A) of this section.54

       Sec. 305.11.  Immediately upon the opening of each day's 55
session of the board of county commissioners, the records of the 56
proceedings of the session of the previous day shall be read, or 57
provided to each commissioner in written form, by the clerk of the 58
board and, if correct, approved and signed by the commissioners. 59
In the alternative, if the clerk maintains the full record of the 60
proceedings by electronic means as authorized by division (B) of 61
section 305.10 of the Revised Code, the board shall orally approve 62
the electronic record of proceedings at the previous meeting after 63
the clerk certifies that the entire record of the proceedings at 64
that meeting is completely and accurately captured in the 65
electronic record of those proceedings. When the board is not in 66
session, the record of proceedings shall be kept in the county 67
auditor's office or, if the county has a full-time clerk, in the 68
county commissioners' office, open at all proper times to public 69
inspection. It shall be certified by the president and clerk of 70
the board and shall be received as evidence in every court in the 71
state.72

       Sec. 5502.31.  Each political subdivision may make 73
appropriations for the payment of the expenses of its local 74
activities for emergency management and for the payment of the 75
expensesincurred by an agency established pursuant to section 76
5502.271 of the Revised Code or chargeable to that political 77
subdivision by agreement in any county wherein a countywide agency 78
or regional authority for emergency management has been 79
established pursuant to section 5502.26 of the Revised Code or a 80
regional authority has been established pursuant to section81
5502.27 of the Revised Code, respectively.82

       Section 2.  That existing sections 305.09, 305.10, 305.11, 83
and 5502.31 of the Revised Code are hereby repealed.84