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S. B. No. 47 As IntroducedAs Introduced
125th General Assembly | Regular Session | 2003-2004 |
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Senator Stivers
A BILL
To amend section 121.22 and to enact section 101.17 of the Revised Code to create an exception in the Open Meetings Law from the requirement of actual physical presence for members of public bodies who are called to active duty, to permit those members, under specified circumstances, to vote from their active duty locations within twenty-four hours after a vote of the public body, to amend Section 5 of Sub. H.B. 390 of the 124th General Assembly to extend the time within which members of the National Guard and reserve components of the Armed Forces of the United States who have been called to active duty must pay real property and manufactured home taxes, and to declare an emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 121.22 be amended and section 101.17 of the Revised Code be enacted to read as follows: Sec. 101.17. (A) A member of the general assembly who is called to active duty for two hundred seventy days or less need not be present in person at a committee meeting or at a session of the house of the general assembly of which the person is a member in order to vote at that meeting or session, as applicable. Except as otherwise provided in division (A)(3) of this section, the vote of such a member shall be counted as a valid vote if the member's vote is registered by telephone, facsimile transmission, electronic mail or other internet communication, or other method of communication within twenty-four hours after a vote is conducted at the meeting or session, as applicable.
(2) To the extent feasible, such a member voting or attempting to vote pursuant to division (A)(1) of this section shall use private, nongovernmental resources. If the use of private, nongovernmental resources is not feasible, a person voting or attempting to so vote may utilize governmental resources, if the person's commander or other appropriate commanding officer approves the use of those resources for that purpose.
(3) If a vote cast pursuant to division (A)(1) of this section would constitute the deciding vote in any matter voted on by the committee or the house of the general assembly of which that person is a member, that vote shall not be counted.
(4) No member shall vote or attempt to vote under division (A)(1) of this section if the casting of the member's vote would interfere with the member's active duty obligations. Any such member shall obtain the approval of the member's commanding officer prior to voting or attempting to so vote under that division.
(5) A member who votes pursuant to division (A)(1) of this section shall not be considered to be present for purposes of determining whether a quorum is present at the meeting or session, as applicable.
(B) As used in this section:
(1) "Committee" and "meeting" have the same meanings as in section 101.15 of the Revised Code.
(2) "Active duty" has the same meaning as in division (F) of section 5919.34 of the Revised Code.
Sec. 121.22. (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 or retardation,
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 Except as otherwise provided in divisions (K) and (L) of this section, 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: (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; (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 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
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
suspend a
license without a prior hearing pursuant to division (D)
of section
4729.16 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. (E) The controlling board, the development financing
advisory council, the industrial technology and enterprise
advisory council,
the tax credit authority, or the minority
development
financing advisory board, when meeting to consider
granting
assistance pursuant to Chapter 122. or 166. of the
Revised Code,
in order to protect the interest of the applicant or
the possible
investment of public funds, by unanimous vote of all
board,
council,
or authority members present, may close the
meeting
during
consideration of the following information
confidentially
received by the authority, council, or board from
the
applicant: (2) Specific business strategy; (3) Production techniques and trade secrets; (4) Financial projections; (5) Personal financial statements of the applicant or
members of the applicant's immediate family, including, but not
limited to,
tax records or other similar information not open to
public
inspection. The vote by the authority, council, or board to
accept
or
reject the application, as well as all proceedings of the
authority, council, or board not subject to this
division,
shall
be open to the public and governed by this section. (F) Every public body, by rule, shall establish a
reasonable
method whereby any person may determine the time and
place of all
regularly scheduled meetings and the time, place,
and purpose of
all special meetings. A public body shall not
hold a special
meeting unless it gives at least twenty-four
hours' advance notice
to the news media that have requested
notification, except in the
event of an emergency requiring
immediate official action. In the
event of an emergency, the
member or members calling the meeting
shall notify the news media
that have requested notification
immediately of the time, place,
and purpose of the meeting. The rule shall provide that any person, upon request
and
payment of a reasonable fee, may obtain reasonable advance
notification of all meetings at which any specific type of public
business is to be discussed. Provisions for advance notification
may include, but are not limited to, mailing the agenda of
meetings to all subscribers on a mailing list or mailing notices
in self-addressed, stamped envelopes provided by the person. (G) Except as provided in division (J) of this
section, the
members of a public body may hold an executive
session only after
a majority of a quorum of the public body
determines, by a roll
call vote, to hold an executive
session and only
at a regular or
special meeting for the sole purpose of the
consideration of any
of the following matters: (1) To consider the appointment, employment, dismissal,
discipline, promotion, demotion, or compensation of a public
employee or official, or the investigation of charges or
complaints against a public employee, official, licensee, or
regulated individual, unless the public employee, official,
licensee, or regulated individual requests a public hearing.
Except as otherwise provided by law, no public body shall hold an
executive session for the discipline of an elected official for
conduct related to the performance of the elected official's
official duties or for
the elected official's removal from office.
If a public body holds
an executive
session pursuant to division
(G)(1) of this section, the motion
and vote to hold that executive
session shall state which one or
more of the approved purposes
listed in division (G)(1) of this
section are the purposes for
which the executive session is to be
held, but need not include
the name of any person to be
considered at the meeting. (2) To consider the purchase of property for public
purposes, or for the sale of property at competitive bidding, if
premature disclosure of information would give an unfair
competitive or bargaining advantage to a person whose personal,
private interest is adverse to the general public interest. No
member of a public body shall use division (G)(2) of
this section
as a
subterfuge
for providing covert information to prospective
buyers or
sellers. A purchase or sale of public property is void
if the
seller or buyer of the public property has received covert
information from a member of a public body that has not been
disclosed to the general public in sufficient time for other
prospective buyers and sellers to prepare and submit offers. If the minutes of the public body show that all meetings
and
deliberations of the public body have been conducted in
compliance
with this section, any instrument executed by the
public body
purporting to convey, lease, or otherwise dispose of
any right,
title, or interest in any public property shall be
conclusively
presumed to have been executed in compliance with
this section
insofar as title or other interest of any bona fide
purchasers,
lessees, or transferees of the property is concerned. (3) Conferences with an attorney for the public body
concerning disputes involving the public body that are the
subject
of pending or imminent court action; (4) Preparing for, conducting, or reviewing negotiations
or
bargaining sessions with public employees concerning their
compensation or other terms and conditions of their employment; (5) Matters required to be kept confidential by federal
law
or regulations or state statutes; (6)
Details relative to the security
arrangements
and
emergency response protocols for a public body or
a public office,
if
disclosure of the matters discussed
could
reasonably be
expected to jeopardize the security of the public body or public
office; (7) In the case of a county hospital operated pursuant to
Chapter 339. of the Revised Code, to consider trade
secrets, as
defined in section 1333.61 of the Revised Code. If a public body holds an executive session to consider any
of the matters listed in divisions (G)(2) to (7) of this
section,
the motion and vote to hold that executive session shall state
which one or more of the approved matters listed in those
divisions are to be considered at the executive session. A public body specified in division (B)(1)(c) of
this section
shall not hold an executive session when meeting for the purposes
specified in that division. (H) A resolution, rule, or formal action of any kind is
invalid unless adopted in an open meeting of the public body. A
resolution, rule, or formal action adopted in an open meeting
that
results from deliberations in a meeting not open to the
public is
invalid unless the deliberations were for a purpose
specifically
authorized in division (G) or (J) of this section and
conducted at
an executive session held in compliance with this
section. A
resolution, rule, or formal action adopted in an open
meeting is
invalid if the public body that adopted the
resolution, rule, or
formal action violated division (F) of this
section. (I)(1) Any person may bring an action to enforce this
section. An action
under
division (I)(1) of this section shall
be
brought within two years after the date of the alleged
violation
or threatened violation. Upon proof of a violation or
threatened
violation of this section in an action brought by any
person, the
court of common pleas shall issue an injunction to
compel the
members of the public body to comply with its
provisions. (2)(a) If the court of common pleas issues an injunction
pursuant to division (I)(1) of this section, the court shall
order
the public body that it enjoins to pay a civil forfeiture
of five
hundred dollars to the party that sought the injunction
and shall
award to that party all court costs and, subject to
reduction as
described in
division (I)(2) of this section, reasonable
attorney's
fees. The court, in its discretion, may reduce an
award of
attorney's fees to the party that sought the injunction
or not
award attorney's fees to that party if the court determines
both
of the following: (i) That, based on the ordinary application of statutory
law
and case law as it existed at the time of violation or
threatened
violation that was the basis of the injunction, a
well-informed
public body reasonably would believe that the
public body was not
violating or threatening to violate this
section; (ii) That a well-informed public body reasonably would
believe that the conduct or threatened conduct that was the basis
of the injunction would serve the public policy that underlies
the
authority that is asserted as permitting that conduct or
threatened conduct. (b) If the court of common pleas does not issue an
injunction pursuant to division (I)(1) of this section and the
court determines at that time that the bringing of the action was
frivolous conduct, as defined in division (A) of section 2323.51
of the Revised Code, the court shall award to the public body all
court costs and reasonable attorney's fees, as determined by the
court. (3) Irreparable harm and prejudice to the party that
sought
the injunction shall be conclusively and irrebuttably
presumed
upon proof of a violation or threatened violation of
this section. (4) A member of a public body who knowingly violates an
injunction issued pursuant to division (I)(1) of this section may
be removed from office by an action brought in the court of
common
pleas for that purpose by the prosecuting attorney or the
attorney
general. (J)(1) Pursuant to division (C) of section 5901.09 of the
Revised Code,
a veterans service commission shall hold an
executive session for one or more
of the following purposes unless
an applicant requests a public
hearing: (a) Interviewing an applicant for financial assistance under
sections 5901.01 to 5901.15 of the Revised Code; (b) Discussing applications, statements, and other documents
described in division (B) of section 5901.09 of the Revised
Code; (c) Reviewing matters relating to an applicant's request for
financial assistance under sections 5901.01 to 5901.15 of the
Revised Code. (2) A veterans service commission shall not exclude an
applicant for,
recipient of, or former recipient of financial
assistance under sections
5901.01 to 5901.15 of the Revised Code,
and
shall not exclude representatives selected by the
applicant,
recipient, or former recipient, from a meeting that the commission
conducts as an executive session that pertains to the applicant's,
recipient's, or former recipient's application for financial
assistance. (3) A veterans service commission shall vote on the grant or
denial of
financial assistance under sections 5901.01 to 5901.15
of the Revised Code only in an open
meeting of the commission.
The
minutes of the meeting shall indicate the
name, address, and
occupation
of the applicant, whether the assistance was granted or
denied, the amount of
the assistance if assistance is granted, and
the votes for and against the
granting of assistance.
(K) A member of a public body who is called to active duty and who is stationed in the United States need not be present in person at a meeting open to the public in order to be considered present or to vote at the meeting. It is sufficient for such a member of a public body to be present via methods of telecommunications by which members of the public can hear and interact with the member of the public body. Such presence of a member of a public body also shall be considered for purposes of determining whether a quorum is present at the meeting. (L)(1) A member of a public body who is called to active duty for two hundred seventy days or less need not be present in person at a meeting of that body in order to vote at that meeting. Except as otherwise provided in division (L)(3) of this section, the vote of such a member shall be counted as a valid vote if the member's vote is registered by telephone, facsimile transmission, electronic mail or other internet communication, or other method of communication within twenty-four hours after a vote is conducted at the meeting.
(2) To the extent feasible, such a member of a public body voting or attempting to vote pursuant to division (L)(1) of this section shall use private, nongovernmental resources. If the use of private, nongovernmental resources is not feasible, a person voting or attempting to so vote may utilize governmental resources, if the person's commander or other appropriate commanding officer approves the use of those resources for that purpose.
(3) If a vote cast pursuant to division (L)(1) of this section would constitute the deciding vote in any matter voted on by the public body, that vote shall not be counted.
(4) No member of a public body shall vote or attempt to vote under division (L)(1) of this section if the casting of the member's vote would interfere with the member's active duty obligations. Any such member shall obtain the approval of the member's commanding officer prior to voting or attempting to so vote under that division.
(5) A member of a public body who votes pursuant to division (L)(1) of this section but who does not meet the requirements of division (K) of this section shall not be considered to be present for purposes of determining whether a quorum is present at the meeting.
(M) As used in this section, "active duty" has the same meaning as in division (F) of section 5919.34 of the Revised Code.
Section 2. That existing section 121.22 of the Revised Code is hereby repealed. Section 3. That Section 5 of Sub. H.B. 390 of the 124th General Assembly be amended to read as follows: Sec. 5. (A) This section applies to any real property or
manufactured or mobile home that is:
(1) Owned by a member of the National Guard or a member of a
reserve component of the Armed Forces of the United States who is
called to active or other duty under Operation Enduring Freedom,
Operation Noble Eagle, or the directive issued by the Governor on
September 28, 2001, or a successor to that directive;
(2) Owned by the spouse of such a member;
(3) Owned jointly by such a member and that member's spouse
or dependent parent; or
(4) Owned by the dependent parent of such a member who dies
during such duty or as the result of wounds or illness
incurred
during such duty. For purposes of this section, a "dependent parent" is a
parent
who, at the time the member was activated, received from
the
member at least half of the dependent parent's support,
including
food, shelter,
clothing, and medical and dental care.
(B) The member, the member's spouse, or the member's parent,
as applicable, may apply to the county treasurer for an extension
for the payment of taxes and assessments charged against the real
property or manufactured or mobile home and payable during the
period of the
member's duty service and the six months ensuing
termination
thereof. Application shall be made not later than the
last day of
the sixth month after the month in which the member's
duty
terminates. The applicant shall provide evidence
satisfactory to
the county treasurer to demonstrate eligibility
for the extension
as described in division (A) of this section.
If the county treasurer determines that the applicant
qualifies for an extension under this section, the county
treasurer shall enter into a contract with the applicant for
payment of the taxes and assessments in installments in the same
manner as, and subject to the same terms and conditions of,
contracts for the payment of delinquent taxes pursuant to section
323.31 of the Revised Code, except that the contract shall specify
that payments shall begin in the seventh month after the member's
duty terminates. Notwithstanding sections 319.49,
323.01,
323.121, 323.132, 4503.06, 5721.01, and 5721.011 of the
Revised
Code, taxes and assessments, payment of which has been
extended
under this section, do not constitute delinquent taxes
and shall
not be placed on the delinquent land list or delinquent
manufactured
home tax list unless the contract becomes void, and
a
new contract is not entered into, pursuant to section 323.31 of
the Revised Code.
(C) If a member, a member's spouse, or a member's parent
qualifies for the extension provided in this section, and that
member, spouse, or parent has designated an agent for the payment
of taxes and assessments the payment of which is so extended, that
agent shall not require the member, spouse, or parent to pay to
the agent any such taxes and assessments for the period for which
payment is extended under division (B) of this section. If such
taxes or assessments are paid by the member, spouse, or parent to
an agent as part of a mortgage loan installment payment, the agent
shall deduct the portion of the payment that represents such taxes
and assessments from the amount of each such payment payable
during the period of extension prescribed by division (B) of this
section.
(D) If the
member,
the member's spouse, or the member's
parent has
entered into a
contract pursuant to this section
before the first
day of the
seventh month after the month in which
the member's
duty
terminates, the county auditor and treasurer
shall remove from the tax list and duplicate, respectively, any
penalties and interest that were
charged
under section
323.121 or
4503.06 of the
Revised Code during the member's duty and before
the first day of the seventh month after the month in which the
member's duty terminates. (E) Notwithstanding section 323.131 of the Revised Code, a
county treasurer shall include a notice of, and information about,
the extension provided in this section on or with tax bills mailed
or delivered under section 323.13 or 4503.06 of the Revised Code.
Section 4. That existing Section 5 of Sub. H.B. 390 of the 124th General Assembly is hereby repealed.
Section 5. This act is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, and safety. The reasons for such necessity are that active duty military personnel may face real economic hardships while serving their country and urgently need the financial relief provided by the real property and manufactured home tax extensions authorized by this act and that military personnel serving in civil offices are unable to cast necessary votes in those offices while absent from this state serving on active duty. Therefore, this act shall go into immediate effect.
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