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H. B. No. 36 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Representatives Williams, B., Hagan, Murray, Winburn, Harris, Pillich, Boyd, DeBose
A BILL
To amend section 101.15 and to enact sections 101.151
and 101.16 of the Revised Code to require expanded
minutes for legislative committee meetings or a
transcribed record of committee proceedings in
lieu of minutes, and to require sworn testimony of
all witnesses testifying before legislative
committees.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 101.15 be amended and sections
101.151 and 101.16 of the Revised Code be enacted to read as
follows:
Sec. 101.15. (A) As used in this section and in sections
101.151 and 101.16 of the Revised Code:
(1) "Caucus" means all of the members of either house of
the
general assembly who are members of the same political party.
(2) "Committee" means any committee of either house of the
general assembly, a joint committee of both houses of the general
assembly, including a committee of conference, or a subcommittee
of any committee listed in division (A)(2) of this section.
(3) "Meeting" means any prearranged discussion of the
public
business of a committee by a majority of its members.
(B) Except as otherwise provided in division (F) of this
section, all meetings of any committee are declared to be public
meetings open to the public at all times. The Except as otherwise
provided in section 101.151 of the Revised Code, the secretary
assigned
to the chairperson of the committee shall prepare, file,
and
maintain the minutes of every regular or special meeting of a
committee. The minutes shall, at a minimum, consist of a
paraphrased summary of all testimony and exhibits presented, all
discussion had, and each question asked and answer given during
the meeting. The committee, at its next regular or special
meeting
not later than its second regular meeting following the regular or
special meeting being recorded by the minutes,
shall approve the
minutes prepared, filed, and
maintained by the
secretary, or, if
the minutes prepared, filed,
and maintained by
the secretary
require correction before their
approval, the
committee shall
correct and approve the minutes at
the next
following regular or
special meeting. The committee
shall make
the minutes available
for public inspection not later
than seven
days after the meeting
at which the minutes reflect were approved, or not
later than the
committee's next regular or special meeting following the meeting
at which the minutes were approved,
whichever occurs
first. When
the minutes are available for public inspection, the secretary
shall file them with the clerk. The clerk shall post the minutes
on the general assembly's web site in a manner that links each
portion of the minutes that is relevant to a particular bill or
resolution to the legislative history of that bill or resolution.
(C) Each committee 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. No committee shall hold a regular or
special
meeting unless it gives at least twenty-four hours'
advance notice
to the news media that have requested
notification.
The
method established by each committee shall provide
that,
upon request and payment of a
reasonable fee, any person may
obtain reasonable advance
notification of all meetings at which
any specific type of public
business will 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 who
desires advance notification.
(D) Any action of a committee relating to a bill or
resolution, or any other formal action of a committee, is invalid
unless taken in an open meeting of the committee. Any action of
a
committee relating to a bill or resolution, or any other formal
action of a committee, taken in an open meeting is invalid if it
results from deliberations in a meeting not open to the public.
(E)(1) Any person may bring an action to enforce this
section. An action under this division 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 committee to comply with its provisions.
(2)(a) If the court of common pleas issues an injunction
under division (E)(1) of this section, the court shall order the
committee 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 this division, 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 the violation or
threatened violation that was the basis of the injunction, a
well-informed committee reasonably would believe that the
committee was not violating or threatening to violate this
section;
(ii) That a well-informed committee 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
under division (E)(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 committee 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 committee who knowingly violates an
injunction issued under division (E)(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 of Franklin
county or by the attorney general.
(5) The remedies described in divisions (E)(1) to (4) of
this
section shall be the exclusive remedies for a violation of
this
section.
(F) This section does not apply to or affect either of the
following:
(1) All meetings of the joint legislative ethics committee
created under section 101.34 of the Revised Code other than a
meeting that is held for any of the following purposes:
(a) To consider the adoption, amendment, or recission of
any
rule that the joint legislative ethics committee is
authorized to
adopt pursuant to division (B)(11) of section
101.34, division (E)
of section 101.78, division (B) of section
102.02, or division (E)
of section 121.68 of the Revised Code;
(b) To discuss and consider changes to any administrative
operation of the joint legislative ethics committee other than
any
matter described in division (G) of section 121.22 of the
Revised
Code;
(c) To discuss pending or proposed legislation.
(2) Meetings of a caucus.
(G) For purposes of division (F)(1)(a) of this section, an
advisory opinion, written opinion, or decision relative to a
complaint is not a rule.
Sec. 101.151. At the discretion of the chairperson of a
committee, a transcribed record of a meeting of the committee may
be used in lieu of minutes. The secretary of the committee shall
arrange for the recordation and transcription of the committee
proceedings, including a verbatim record of all testimony,
discussion, and questions and answers. The committee shall make
the transcribed record available for public inspection not later
than seven days after it is received from the person providing the
transcription services. The secretary shall file and maintain the
original transcribed record and any exhibits.
When the transcribed record of committee proceedings is
available for public inspection, a copy shall be filed with the
clerk. The clerk shall post the transcribed record on the general
assembly's web site in a manner that links each portion of the
record that is relevant to a particular bill or resolution to the
legislative history of that bill or resolution.
Sec. 101.16. A person who testifies as a witness before a
committee shall raise the person's right hand and be sworn in by
the chairperson or acting chairperson using the following
statement:
"Do you swear (or affirm) that the testimony you are about to
give before this committee is the truth, the whole truth, and
nothing but the truth, (so help you God)?"
A person may not offer testimony as a witness before a
committee unless the statement has been answered in the
affirmative.
A person who, after answering the statement in the
affirmative, is found to have offered untruthful testimony in
violation of the statement violates section 2921.11 of the Revised
Code.
Section 2. That existing section 101.15 of the Revised Code
is hereby repealed.
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