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| To amend section 5123.35 of the Revised Code to | 1 |
| authorize the Ohio Developmental Disabilities | 2 |
| Council to meet via interactive video conference | 3 |
| or teleconference. | 4 |
| Section 1. That section 5123.35 of the Revised Code be | 5 |
| amended to read as follows: | 6 |
| Sec. 5123.35. (A) There is hereby created the Ohio | 7 |
| developmental disabilities council, which shall serve as an | 8 |
| advocate for all persons with developmental disabilities. The | 9 |
| council shall act in accordance with the "Developmental | 10 |
| Disabilities Assistance and Bill of Rights Act," 98 Stat. 2662 | 11 |
| (1984), 42 U.S.C. 6001, as amended. The governor shall appoint the | 12 |
| members of the council in accordance with 42 U.S.C. 6024. | 13 |
| (B) The Ohio developmental disabilities council shall develop | 14 |
| the state plan required by federal law as a condition of receiving | 15 |
| federal assistance under 42 U.S.C. 6021 to 6030. The department of | 16 |
| developmental disabilities, as the state agency selected by the | 17 |
| governor for purposes of receiving the federal assistance, shall | 18 |
| receive, account for, and disburse funds based on the state plan | 19 |
| and shall provide assurances and other administrative support | 20 |
| services required as a condition of receiving the federal | 21 |
| assistance. | 22 |
| (C) The federal funds may be disbursed through grants to or | 23 |
| contracts with persons and government agencies for the provision | 24 |
| of necessary or useful goods and services for developmentally | 25 |
| disabled persons. The Ohio developmental disabilities council may | 26 |
| award the grants or enter into the contracts. | 27 |
| (D) The Ohio developmental disabilities council may award | 28 |
| grants to or enter into contracts with a member of the council or | 29 |
| an entity that the member represents if all of the following | 30 |
| apply: | 31 |
| (1) The member serves on the council as a representative of | 32 |
| one of the principal state agencies concerned with services for | 33 |
| persons with developmental disabilities as specified in 42 U.S.C. | 34 |
| 6024(b)(3), a representative of a university affiliated program as | 35 |
| defined in 42 U.S.C. 6001(18), or a representative of the legal | 36 |
| rights service created under section 5123.60 of the Revised Code. | 37 |
| (2) The council determines that the member or the entity the | 38 |
| member represents is capable of providing the goods or services | 39 |
| specified under the terms of the grant or contract. | 40 |
| (3) The member has not taken part in any discussion or vote | 41 |
| of the council related to awarding the grant or entering into the | 42 |
| contract, including service as a member of a review panel | 43 |
| established by the council to award grants or enter into contracts | 44 |
| or to make recommendations with regard to awarding grants or | 45 |
| entering into contracts. | 46 |
| (E) A member of the Ohio developmental disabilities council | 47 |
| is not in violation of Chapter 102. or section 2921.42 of the | 48 |
| Revised Code with regard to receiving a grant or entering into a | 49 |
| contract under this section if the requirements of division (D) of | 50 |
| this section have been met. | 51 |
| (F)(1) Notwithstanding division (C) of section 121.22 of the | 52 |
| Revised Code, the requirement for a member's presence in person at | 53 |
| a meeting in order to be part of a quorum or to vote does not | 54 |
| apply if the council holds a meeting by interactive video | 55 |
| conference and all of the following apply: | 56 |
| (a) A primary meeting location that is open and accessible to | 57 |
| the public is established for the meeting of the council; | 58 |
| (b) A clear video and audio connection is established that | 59 |
| enables all meeting participants at the primary meeting location | 60 |
| to witness the participation of each member; | 61 |
| (c) A roll call vote is recorded for each vote taken; | 62 |
| (d) The minutes of the council identify which members | 63 |
| participated by interactive video conference. | 64 |
| (2) Notwithstanding division (C) of section 121.22 of the | 65 |
| Revised Code, the requirement for a member's presence in person at | 66 |
| a meeting in order to be part of a quorum or to vote does not | 67 |
| apply if the council holds a meeting by teleconference and all of | 68 |
| the following apply: | 69 |
| (a) The council has determined its membership does not have | 70 |
| access to and the council cannot provide access to the equipment | 71 |
| needed to conduct interactive video conferencing; | 72 |
| (b) A primary meeting location that is open and accessible to | 73 |
| the public is established for the meeting of the council; | 74 |
| (c) A clear audio connection is established that enables all | 75 |
| meeting participants at the primary meeting location to hear the | 76 |
| participation of each member; | 77 |
| (d) A roll call vote is recorded for each vote taken; | 78 |
| (e) The minutes of the council identify which members | 79 |
| participated by teleconference. | 80 |
| (3) The Ohio developmental disabilities council shall adopt | 81 |
| any rules the council considers necessary to implement this | 82 |
| section. The rules shall be adopted in accordance with Chapter | 83 |
| 119. of the Revised Code. At a minimum, the rules shall do all of | 84 |
| the following: | 85 |
| (a) Authorize council members to remotely attend a council | 86 |
| meeting by interactive video conference or teleconference in lieu | 87 |
| of attending the meeting in person; | 88 |
| (b) Establish a minimum number of members required to be | 89 |
| physically present in person at the primary meeting location if | 90 |
| the council conducts a meeting by interactive video conference or | 91 |
| teleconference; | 92 |
| (c) Establish geographic restrictions for participation in | 93 |
| meetings by interactive video conference or teleconference; | 94 |
| (d) Establish a policy for distributing and circulating | 95 |
| necessary documents to council members, the public, and the media | 96 |
| in advance of a meeting at which members are permitted to attend | 97 |
| by interactive video conference or teleconference; | 98 |
| (e) Establish a method for verifying the identity of a member | 99 |
| who remotely attends a meeting by teleconference. | 100 |
| Section 2. That existing section 5123.35 of the Revised Code | 101 |
| is hereby repealed. | 102 |