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H. B. No. 499 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Representative Damschroder
Cosponsors:
Representatives Henne, Stinziano, Szollosi, Murray, Dovilla, Okey, Goodwin, Yuko
A BILL
To amend section 101.15 and to enact section 101.16
of the Revised Code to require publication of
legislative committee testimony on the General
Assembly's web site.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 101.15 be amended and section 101.16
of the Revised Code be enacted to read as follows:
Sec. 101.15. (A) As used in this section and section 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 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 committee, at its next regular or special meeting,
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 the minutes reflect or not later than the
committee's next regular or special meeting, whichever occurs
first.
(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. 101.16. All written testimony submitted to a committee
shall be posted on the general assembly's web site not later than
ten business days after the day of the meeting for which the
testimony was submitted. The secretary assigned to the chairperson
of the committee shall submit the testimony to the clerk of the
senate or the clerk of the house of representatives, as
appropriate, or the clerk's designee, for upload not later than
five business days after the day of the meeting.
Section 2. That existing section 101.15 of the Revised Code
is hereby repealed.
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