Bill Text: OH HB36 | 2009-2010 | 128th General Assembly | Introduced

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Bill Title: 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.

Spectrum: Moderate Partisan Bill (Democrat 8-1)

Status: (Introduced - Dead) 2009-02-19 - To State Government [HB36 Detail]

Download: Ohio-2009-HB36-Introduced.html

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As Introduced

128th General Assembly Regular Session 2009-2010

H. B. No. 36

Representative Dyer 

Cosponsors: Representatives Williams, B., Hagan, Murray, Winburn, Harris, Pillich, Boyd, DeBose 

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A BILL

To amend section 101.15 and to enact sections 101.151

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and 101.16 of the Revised Code to require expanded

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minutes for legislative committee meetings or a

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transcribed record of committee proceedings in

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lieu of minutes, and to require sworn testimony of

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all witnesses testifying before legislative

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committees.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 101.15 be amended and sections	8
101.151 and 101.16 of the Revised Code be enacted to read as	9
follows:	10

Sec. 101.15.  (A) As used in this section and in sections	11
101.151 and 101.16 of the Revised Code:	12

(1) "Caucus" means all of the members of either house of the	13
general assembly who are members of the same political party.	14

(2) "Committee" means any committee of either house of the	15
general assembly, a joint committee of both houses of the general	16
assembly, including a committee of conference, or a subcommittee	17
of any committee listed in division (A)(2) of this section.	18

(3) "Meeting" means any prearranged discussion of the public	19
business of a committee by a majority of its members.	20

(B) Except as otherwise provided in division (F) of this	21
section, all meetings of any committee are declared to be public	22
meetings open to the public at all times. TheExcept as otherwise	23
provided in section 101.151 of the Revised Code, the secretary	24
assigned to the chairperson of the committee shall prepare, file,	25
and maintain the minutes of every regular or special meeting of a	26
committee. The minutes shall, at a minimum, consist of a	27
paraphrased summary of all testimony and exhibits presented, all	28
discussion had, and each question asked and answer given during	29
the meeting. The committee, at its next regular or special meeting	30
not later than its second regular meeting following the regular or	31
special meeting being recorded by the minutes, shall approve the	32
minutes prepared, filed, and maintained by the secretary, or, if	33
the minutes prepared, filed, and maintained by the secretary	34
require correction before their approval, the committee shall	35
correct and approve the minutes at the next following regular or	36
special meeting. The committee shall make the minutes available	37
for public inspection not later than seven days after the meeting	38
at which the minutes reflectwere approved, or not later than the	39
committee's next regular or special meeting following the meeting	40
at which the minutes were approved, whichever occurs first. When	41
the minutes are available for public inspection, the secretary	42
shall file them with the clerk. The clerk shall post the minutes	43
on the general assembly's web site in a manner that links each	44
portion of the minutes that is relevant to a particular bill or	45
resolution to the legislative history of that bill or resolution.	46

(C) Each committee shall establish a reasonable method	47
whereby any person may determine the time and place of all	48
regularly scheduled meetings and the time, place, and purpose of	49
all special meetings. No committee shall hold a regular or special	50
meeting unless it gives at least twenty-four hours' advance notice	51
to the news media that have requested notification.	52

The method established by each committee shall provide that,	53
upon request and payment of a reasonable fee, any person may	54
obtain reasonable advance notification of all meetings at which	55
any specific type of public business will be discussed. Provisions	56
for advance notification may include, but are not limited to,	57
mailing the agenda of meetings to all subscribers on a mailing	58
list or mailing notices in self-addressed stamped envelopes	59
provided by the person who desires advance notification.	60

(D) Any action of a committee relating to a bill or	61
resolution, or any other formal action of a committee, is invalid	62
unless taken in an open meeting of the committee. Any action of a	63
committee relating to a bill or resolution, or any other formal	64
action of a committee, taken in an open meeting is invalid if it	65
results from deliberations in a meeting not open to the public.	66

(E)(1) Any person may bring an action to enforce this	67
section. An action under this division shall be brought within two	68
years after the date of the alleged violation or threatened	69
violation. Upon proof of a violation or threatened violation of	70
this section in an action brought by any person, the court of	71
common pleas shall issue an injunction to compel the members of	72
the committee to comply with its provisions.	73

(2)(a) If the court of common pleas issues an injunction	74
under division (E)(1) of this section, the court shall order the	75
committee that it enjoins to pay a civil forfeiture of five	76
hundred dollars to the party that sought the injunction and shall	77
award to that party all court costs and, subject to reduction as	78
described in this division, reasonable attorney's fees. The court,	79
in its discretion, may reduce an award of attorney's fees to the	80
party that sought the injunction or not award attorney's fees to	81
that party if the court determines both of the following:	82

(i) That, based on the ordinary application of statutory law	83
and case law as it existed at the time of the violation or	84
threatened violation that was the basis of the injunction, a	85
well-informed committee reasonably would believe that the	86
committee was not violating or threatening to violate this	87
section;	88

(ii) That a well-informed committee reasonably would believe	89
that the conduct or threatened conduct that was the basis of the	90
injunction would serve the public policy that underlies the	91
authority that is asserted as permitting that conduct or	92
threatened conduct.	93

(b) If the court of common pleas does not issue an injunction	94
under division (E)(1) of this section and the court determines at	95
that time that the bringing of the action was frivolous conduct as	96
defined in division (A) of section 2323.51 of the Revised Code,	97
the court shall award to the committee all court costs and	98
reasonable attorney's fees, as determined by the court.	99

(3) Irreparable harm and prejudice to the party that sought	100
the injunction shall be conclusively and irrebuttably presumed	101
upon proof of a violation or threatened violation of this section.	102

(4) A member of a committee who knowingly violates an	103
injunction issued under division (E)(1) of this section may be	104
removed from office by an action brought in the court of common	105
pleas for that purpose by the prosecuting attorney of Franklin	106
county or by the attorney general.	107

(5) The remedies described in divisions (E)(1) to (4) of this	108
section shall be the exclusive remedies for a violation of this	109
section.	110

(F) This section does not apply to or affect either of the	111
following:	112

(1) All meetings of the joint legislative ethics committee	113
created under section 101.34 of the Revised Code other than a	114
meeting that is held for any of the following purposes:	115

(a) To consider the adoption, amendment, or recission of any	116
rule that the joint legislative ethics committee is authorized to	117
adopt pursuant to division (B)(11) of section 101.34, division (E)	118
of section 101.78, division (B) of section 102.02, or division (E)	119
of section 121.68 of the Revised Code;	120

(b) To discuss and consider changes to any administrative	121
operation of the joint legislative ethics committee other than any	122
matter described in division (G) of section 121.22 of the Revised	123
Code;	124

(c) To discuss pending or proposed legislation.

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(2) Meetings of a caucus.

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(G) For purposes of division (F)(1)(a) of this section, an	127
advisory opinion, written opinion, or decision relative to a	128
complaint is not a rule.	129

Sec. 101.151. At the discretion of the chairperson of a	130
committee, a transcribed record of a meeting of the committee may	131
be used in lieu of minutes. The secretary of the committee shall	132
arrange for the recordation and transcription of the committee	133
proceedings, including a verbatim record of all testimony,	134
discussion, and questions and answers. The committee shall make	135
the transcribed record available for public inspection not later	136
than seven days after it is received from the person providing the	137
transcription services. The secretary shall file and maintain the	138
original transcribed record and any exhibits.	139

When the transcribed record of committee proceedings is	140
available for public inspection, a copy shall be filed with the	141
clerk. The clerk shall post the transcribed record on the general	142
assembly's web site in a manner that links each portion of the	143
record that is relevant to a particular bill or resolution to the	144
legislative history of that bill or resolution.	145

Sec. 101.16. A person who testifies as a witness before a	146
committee shall raise the person's right hand and be sworn in by	147
the chairperson or acting chairperson using the following	148
statement:	149

"Do you swear (or affirm) that the testimony you are about to	150
give before this committee is the truth, the whole truth, and	151
nothing but the truth, (so help you God)?"	152

A person may not offer testimony as a witness before a	153
committee unless the statement has been answered in the	154
affirmative.	155

A person who, after answering the statement in the	156
affirmative, is found to have offered untruthful testimony in	157
violation of the statement violates section 2921.11 of the Revised	158
Code.	159

Section 2. That existing section 101.15 of the Revised Code	160
is hereby repealed.	161