H.B. 36
128th General Assembly
(As Introduced)
Reps. Dyer, B. Williams, Hagan, Murray, Winburn, Harris, Pillich, Boyd, DeBose
BILL SUMMARY
· Requires expanded minutes for legislative committee meetings or a transcript of committee proceedings in lieu of minutes.
· Requires sworn testimony of all witnesses testifying before legislative committees.
CONTENT AND OPERATION
Current law requires that the secretary assigned to the chairperson of a legislative committee must prepare, file, and maintain the minutes of every regular or special committee meeting.[1] The bill requires that the minutes, 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.
Current law further requires a committee, at its next regular or special meeting, to approve the minutes prepared, filed, and maintained by its secretary or, if these minutes require correction before their approval, the committee must correct and approve the minutes at the next following regular or special meeting. The bill requires that the committee approve the minutes at not later than its second regular meeting following the regular or special meeting being recorded by the minutes. (R.C. 101.15(B).)
As an alternative to the committee secretary recording minutes, the bill provides that, at the committee chairperson's discretion, a transcribed record of a meeting may be used in lieu of minutes. The committee secretary must arrange for the recordation and transcription of the committee proceedings, including a verbatim record of all testimony, discussion, and questions and answers. The committee must 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 must file and maintain the original transcribed records and any exhibits. (R.C. 101.151.)
The bill requires that the committee secretary file the committee minutes or the transcript of committee proceedings with the House or Senate Clerk. The Clerk must then post the minutes or transcript on the General Assembly's web site in a manner that links each portion of the minutes or transcript that is relevant to a particular bill or resolution to the legislative history of that bill or resolution. (R.C. 101.15(B) and 101.151.)
The bill requires a person who testifies as a witness before a legislative committee to 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)?" The bill prohibits the offering of testimony by 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 is guilty of perjury. (R.C. 101.16.)
HISTORY
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ACTION |
DATE |
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Introduced |
02-19-09 |
H0036-I-128.docx/jc
[1] Continuing law defines "committee" to mean 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 of these committees and "meeting" to mean any prearranged discussion of the public business of a committee by a majority of its members (R.C. 101.15(A)(2) and (3)).