As Reported by the House Government Oversight Committee

135th General Assembly

Regular Session Sub. H. B. No. 257

2023-2024

Representatives Hoops, Claggett

Cosponsors: Representatives Klopfenstein, Robb Blasdel

A BILL

To amend sections 305.02, 715.693, 924.12, 5505.04, and 5543.06 and to enact sections 121.221, 145.071, 742.071, and 3309.091 of the Revised Code to authorize certain public bodies to meet virtually.

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

Section 1. That sections 305.02, 715.693, 924.12, 5505.04, and 5543.06 be amended and sections 121.221, 145.071, 742.071, and 3309.091 of the Revised Code be enacted to read as follows:

Sec. 121.221. (A) As used in this section:

"Hearing" means an administrative hearing, hearing as defined in section 119.01 of the Revised Code, or other hearing at which a person may present written or oral testimony on a matter before the public body.

"Meeting" has the same meaning as in section 121.22 of the Revised Code.

"Public body" has the same meaning as in division (B)(1) of section 121.22 of the Revised Code, except it does not include the following:

(1) The general assembly, or any of its committees or subcommittees;

(2) Any court, including a mayor's court;

(3) The state board of education;

(4) The board of directors of the bureau of workers' compensation;

(5) The Ohio elections commission;

(6) A board of county commissioners;

(7) A board of township trustees;

(8) The legislative authority of a municipal corporation or charter county;

(9) A city, local, or exempted village board of education;

(10) A board of elections.

(B) Except as otherwise provided in the Revised Code, members of a public body may hold and attend meetings and may conduct and attend hearings by means of video conference or any other similar electronic technology, and all of the following apply:

(1) Any resolution, rule, or formal action of any kind has the same effect as if it occurred during an open meeting or hearing of the public body.

(2) Notwithstanding division (C) of section 121.22 of the Revised Code, members of a public body who attend meetings or hearings by means of video conference or any other similar electronic technology shall be considered present as if in person at the meeting or hearing, shall be permitted to vote, and shall be counted for purposes of determining whether a quorum is present at the meeting or hearing.

(3) The public body shall not hold hearings or meetings by means of video conference or any other similar electronic technology until the public body has adopted a policy that specifies at least all of the following:

(a) The public body shall provide notification of meetings and hearings held under this section to the public, to the media that have requested notification of a meeting, and to the parties required to be notified of a hearing at least seventy-two hours in advance of the meeting or hearing by reasonable methods by which any person may determine the time, location, agenda of the meeting or hearing, and the manner by which the meeting or hearing will be conducted, except in the event of an emergency requiring immediate official action, as defined by the policy. In the event of an emergency, the public body shall immediately notify the news media that have requested notification or the parties required to be notified of a hearing of the time, place, and purpose of the meeting or hearing.

(b) The public body shall provide the public access to a meeting held under this section, and to any hearing held under this section that the public would otherwise be entitled to attend, commensurate with the method in which the meeting or hearing is being conducted, including for example, livestreaming by means of the internet, television, cable, or public access channels, or by means of any other similar electronic technology. The public body shall ensure that the public can observe and hear the discussions and deliberations of all the members of the public body, whether the member is participating in person or electronically. Members of the public body shall have a sufficient internet or other electronic connection to allow the member to be seen and heard clearly, and shall be visible at all times.

(c) All votes taken in the meeting or hearing shall be taken by roll call vote unless there is a motion for unanimous consent, and the motion is not objected to by a member of the public body. If a vote is taken unanimously, the public body shall provide the public with information on how the members of the public body voted, including any members who abstained from voting.

(d) Any member of the public body who intends to attend a meeting by means of video conference or other similar electronic technology shall notify the chairperson of that intent not less than forty-eight hours before the meeting, except in the case of an emergency as defined in the policy.

(e) No public body may hold, and no member of a public body may attend meetings or conduct and attend hearings by means of video conference or other similar electronic technology if the meeting or hearing involves a vote to approve a major nonroutine expenditure as defined in the policy adopted by the public body under this section, or a significant hiring decision as defined by that policy, or a vote to support a tax issue or tax increase.

(f) If, upon the notification of an upcoming meeting of a public body, and not later than forty-eight hours before the meeting, the greater of at least ten per cent of the members of the public body or two members of the public body, notifies the chairperson of the public body that an item in the agenda must be acted upon at a meeting conducted fully in person, upon the chairperson's acknowledgment of receipt of the notification, the public body shall take action on the item of the agenda only at a meeting conducted fully in person.

(4) A public body shall not hold a hearing, and members of a public body shall not attend a hearing, by means of video conference or other similar electronic technology without the consent of all parties to the hearing.

(C) When members of a public body conduct a meeting or hearing by means of video conference or any other similar electronic technology, the public body shall establish a means, through the use of electronic equipment that is widely available to the general public, to converse with witnesses, receive documentary testimony and physical evidence, and permit public comment, if applicable.

(D) The authority granted in this section applies notwithstanding any conflicting provision of the Revised Code. Nothing in this section shall be construed to negate any provision of section 121.22 of the Revised Code, Chapter 119. of the Revised Code, or other section of the Revised Code that is not in conflict with this section. If a section of the Revised Code permits a particular public body to meet or hold hearings by means of teleconference, video conference, or any other similar electronic technology, that section prevails over the provisions of this section with respect to that particular public body. This section is not intended to eliminate, or otherwise affect, any requirements under federal law.

Sec. 145.071. (A) Notwithstanding division (C) of section 121.22 of the Revised Code, the public employees retirement board may adopt a policy that allows a board member to attend a meeting of the board by means of video conference. The board shall include in the policy, if adopted, both of the following:

(1) The number of regular meetings at which each board member shall be present in person, provided that number is not less than one-half of the regular meetings of the board annually;

(2) All of the following requirements with respect to a meeting in which a member attends by means of video conference:

(a) That at least one-third of the board members attending the meeting shall be present in person at the physical location where the meeting is conducted;

(b) That all votes taken at the meeting shall be taken by roll call vote;

(c) That a board member who intends to attend a meeting by means of video conference shall notify the chairperson of that intent not less than forty-eight hours before the meeting, except in the case of an emergency as defined in the policy.

(B) Notwithstanding division (C) of section 121.22 of the Revised Code, a board member who attends a meeting by means of video conference is considered present in person at the meeting, may vote at the meeting, and is counted for purposes of determining whether a quorum is present at the meeting.

(C) At any meeting in which a board member attends by means of video conference, the board shall ensure that the public can hear and observe the discussions and deliberations of all the members of the board, whether the member is participating in person or electronically.

(D) Except as provided in this section, no person shall do any of the following:

(1) Limit the number of board members who may attend a meeting by means of video conference;

(2) Limit the total number of meetings that the board may allow members to attend by means of video conference;

(3) Limit the number of meetings at which any one board member may attend by means of video conference;

(4) Impose other limits or obligations on a board member because the board member attends a meeting by means of video conference.

Sec. 305.02. (A) If a vacancy in the office of county commissioner, prosecuting attorney, county auditor, county treasurer, clerk of the court of common pleas, sheriff, county recorder, county engineer, or coroner occurs more than forty days before the next general election for state and county officers, a successor shall be elected at such election for the unexpired term unless such term expires within one year immediately following the date of such general election.

In either event, the vacancy shall be filled as provided in this section and the appointee shall hold office until a successor is elected and qualified.

(B) If a vacancy occurs from any cause in any of the offices named in division (A) of this section, then not later than forty-five days after the vacancy occurs, a person shall be appointed to hold the office and to perform the duties thereof until a successor is elected and has qualified. The appointment shall be made as follows:

(1) If the last occupant of the office was elected as a partisan candidate, the county central committee of the political party that nominated the last occupant of the office for the current term shall make the appointment. However, if such vacancy occurs because of the death, resignation, or inability to take the office of an officer-elect whose term has not yet begun, and the officer-elect was elected as a partisan candidate, an appointment to take such office at the beginning of the term shall be made by the central committee of the political party that nominated the officer-elect as a candidate for that office for that term.

A county central committee that makes an appointment under division (B)(1) of this section shall meet for that purpose not less than five nor more than forty-five days after the vacancy occurs. Not less than four days before the date of such meeting the chairperson or secretary of such central committee shall send by first class mail to every member of such central committee a written notice which shall state the time and place of such meeting and the purpose thereof. A majority of the members of the central committee present at such meeting may make the appointment. The central committee may use a secret ballot process to make the appointment under division (B)(1) of this section.

(2) If the last occupant of the office or the officer-elect was elected to serve the current term as an independent candidate, the board of county commissioners shall make the appointment, except where the vacancy is in the office of county commissioner, in which case the prosecuting attorney and the remaining commissioners or a majority of them shall make the appointment.

(C) Appointments made under this section shall be certified by the appointing county central committee or by the board of county commissioners to the county board of elections and to the secretary of state, and the persons so appointed and certified shall be entitled to all remuneration provided by law for the offices to which they are appointed.

(D) The board of county commissioners may appoint a person to hold any of the offices named in division (A) of this section as an acting officer and to perform the duties thereof between the occurrence of the vacancy and the time when the officer appointed under division (B) of this section qualifies and takes the office.

(E) A person appointed prosecuting attorney or assistant prosecuting attorney shall give bond and take the oath of office prescribed by section 309.03 of the Revised Code for the prosecuting attorney.

Sec. 715.693. (A) The requirement in division (C) of section 121.22 of the Revised Code that a member of a public body be present in person at a meeting open to the public in order to be part of a quorum or to vote does not apply to a board of directors of a joint economic development zone created under section 715.691 of the Revised Code, or a joint economic development review council created under section 715.692 of the Revised Code, or a board of directors of a joint economic development district created under section 715.72 of the Revised Code, if the board or council holds the meeting by interactive video conference or by teleconference in the following manner:

(1) The board or council establishes a primary meeting location that is open and accessible to the public.

(2) Meeting-related materials that are available before the meeting are sent via electronic mail, facsimile, hand-delivery, or United States postal service to each member.

(3) In the case of an interactive video conference, the board or council causes a clear video and audio connection to be established that enables all meeting participants at the primary meeting location to see and hear each member.

(4) In the case of a teleconference, the board or the council causes a clear audio connection to be established that enables all meeting participants at the primary meeting location to hear each member.

(5) All board or council members have the capability to receive meeting-related materials that are distributed during a meeting.

(6) A roll call voice vote is recorded for each vote taken.

(7) The minutes of the board or council meeting identify which members remotely attended the meeting by interactive video conference or teleconference.

If the board or council proceeds under this section, use of an interactive video conference is preferred, but nothing in this section prohibits the council from conducting its meetings by teleconference or by a combination of interactive video conference and teleconference at the same meeting.

(B) A board of directors or of a joint economic development review council or a joint economic development district shall adopt rules necessary to implement this section. At a minimum, the rules shall do all of the following:

(1) Authorize members to remotely attend a meeting by interactive video conference or teleconference, or by a combination thereof, in lieu of attending the meeting in person;

(2) Establish a minimum number of members that must be physically present in person at the primary meeting location if the board or council conducts a meeting by interactive video conference or teleconference;

(3) Require that not more than one member remotely attending a meeting by teleconference is permitted to be physically present at the same remote location;

(4) Establish geographic restrictions for participation in meetings by interactive video conference and by teleconference;

(5) Establish a policy for distributing and circulating meeting-related materials to members, the public, and the media in advance of or during a meeting at which members are permitted to attend by interactive video conference or teleconference;

(6) Establish a method for verifying the identity of a member who remotely attends a meeting by teleconference.

Sec. 742.071. (A) Notwithstanding division (C) of section 121.22 of the Revised Code, the board of trustees of the Ohio police and fire pension fund may adopt a policy that allows a board member to attend a meeting of the board by means of video conference. The board shall include in the policy, if adopted, both of the following:

(1) The number of regular meetings at which each board member shall be present in person, provided that number is not less than one-half of the regular meetings of the board annually;

(2) All of the following requirements with respect to a meeting in which a member attends by means of video conference:

(a) That at least one-third of the board members attending the meeting shall be present in person at the physical location where the meeting is conducted;

(b) That all votes taken at the meeting shall be taken by roll call vote;

(c) That a board member who intends to attend a meeting by means of video conference shall notify the chairperson of that intent not less than forty-eight hours before the meeting, except in the case of an emergency as defined in the policy.

(B) Notwithstanding division (C) of section 121.22 of the Revised Code, a board member who attends a meeting by means of video conference is considered present in person at the meeting, may vote at the meeting, and is counted for purposes of determining whether a quorum is present at the meeting.

(C) At any meeting in which a board member attends by means of video conference, the board shall ensure that the public can hear and observe the discussions and deliberations of all the members of the board, whether the member is participating in person or electronically.

(D) Except as provided in this section, no person shall do any of the following:

(1) Limit the number of board members who may attend a meeting by means of video conference;

(2) Limit the total number of meetings that the board may allow members to attend by means of video conference;

(3) Limit the number of meetings at which any one board member may attend by means of video conference;

(4) Impose other limits or obligations on a board member because the board member attends a meeting by means of video conference.

Sec. 924.12. (A) The director of agriculture may temporarily suspend the operation of a marketing program, or any part thereof, for any reason, upon recommendation by the operating committee for the program, for a period of not more than twelve consecutive months.

(B) At least once in each five years of operation, or at any time upon written petition by the lesser of twenty per cent or one thousand of the producers affected by a marketing program, the director shall give public notice by analogy to division (A) of and conduct a hearing under division (C) of section 119.03 of the Revised Code to consider the continuation of the program. The director may conduct the hearing by means of video conference or any other similar electronic technology in accordance with section 121.221 of the Revised Code. The director shall file a copy of the public notice with the director of the legislative service commission for purposes of publishing the public notice in the register of Ohio.

(C) Within thirty days after the close of any hearing to consider the continuation of a marketing program, the director of agriculture shall recommend continuation or termination of the program, and shall give public notice of the recommendation by publication in the register of Ohio. The director also shall provide notice of the recommendation to any person who, in writing, has requested notification and may give whatever other notice the director reasonably considers necessary to ensure that notice is constructively given to all persons who are affected by the program.

(D) When the director recommends termination of a marketing program, the director shall, within forty-five days, conduct a referendum to determine whether the affected producers favor the proposed termination. The affected producers favor the termination of the program if a majority of the producers who vote in the referendum vote in favor of termination of the program.

Sec. 3309.091. (A) Notwithstanding division (C) of section 121.22 of the Revised Code, the school employees retirement board may adopt a policy that allows a board member to attend a meeting of the board by means of video conference. The board shall include in the policy, if adopted, both of the following:

(1) The number of regular meetings at which each board member shall be present in person, provided that number is not less than one-half of the regular meetings of the board annually;

(2) All of the following requirements with respect to a meeting in which a member attends by means of video conference:

(a) That at least one-third of the board members attending the meeting shall be present in person at the physical location where the meeting is conducted;

(b) That all votes taken at the meeting shall be taken by roll call vote;

(c) That a board member who intends to attend a meeting by means of video conference shall notify the chairperson of that intent not less than forty-eight hours before the meeting, except in the case of an emergency as defined in the policy.

(B) Notwithstanding division (C) of section 121.22 of the Revised Code, a board member who attends a meeting by means of video conference is considered present in person at the meeting, may vote at the meeting, and is counted for purposes of determining whether a quorum is present at the meeting.

(C) At any meeting in which a board member attends by means of video conference, the board shall ensure that the public can hear and observe the discussions and deliberations of all the members of the board, whether the member is participating in person or electronically.

(D) Except as provided in this section, no person shall do any of the following:

(1) Limit the number of board members who may attend a meeting by means of video conference;

(2) Limit the total number of meetings that the board may allow members to attend by means of video conference;

(3) Limit the number of meetings at which any one board member may attend by means of video conference;

(4) Impose other limits or obligations on a board member because the board member attends a meeting by means of video conference.

Sec. 5505.04. (A)(1) The general administration and management of the state highway patrol retirement system and the making effective of this chapter are hereby vested in the state highway patrol retirement board. The board may sue and be sued, plead and be impleaded, contract and be contracted with, and do all things necessary to carry out this chapter.

The board shall consist of the following members:

(a) The superintendent of the state highway patrol;

(b) Two retirant members who reside in this state;

(c) Five employee-members;

(d) One member, known as the treasurer of state's investment designee, who shall be appointed by the treasurer of state for a term of four years and who shall have the following qualifications:

(i) The member is a resident of this state.

(ii) Within the three years immediately preceding the appointment, the member has not been employed by the public employees retirement system, police and fire pension fund, state teachers retirement system, school employees retirement system, or state highway patrol retirement system or by any person, partnership, or corporation that has provided to one of those retirement systems services of a financial or investment nature, including the management, analysis, supervision, or investment of assets.

(iii) The member has direct experience in the management, analysis, supervision, or investment of assets.

(iv) The member is not currently employed by the state or a political subdivision of the state.

(e) Two investment expert members, who shall be appointed to four-year terms. One investment expert member shall be appointed by the governor, and one investment expert member shall be jointly appointed by the speaker of the house of representatives and the president of the senate. Each investment expert member shall have the following qualifications:

(i) Each investment expert member shall be a resident of this state.

(ii) Within the three years immediately preceding the appointment, each investment expert member shall not have been employed by the public employees retirement system, police and fire pension fund, state teachers retirement system, school employees retirement system, or state highway patrol retirement system or by any person, partnership, or corporation that has provided to one of those retirement systems services of a financial or investment nature, including the management, analysis, supervision, or investment of assets.

(iii) Each investment expert member shall have direct experience in the management, analysis, supervision, or investment of assets.

(2)(2)(a) The board shall annually elect a chairperson and vice-chairperson from among its members. The vice-chairperson shall act as chairperson in the absence of the chairperson. A majority of the members of the board shall constitute a quorum. The board shall meet not less than once each year, upon sufficient notice to the members. All meetings of the board shall be open to the public except executive sessions as set forth in division (G) of section 121.22 of the Revised Code, and any portions of any sessions discussing medical records or the degree of disability of a member excluded from public inspection by this section.

(b) Notwithstanding division (C) of section 121.22 of the Revised Code, the board may adopt a policy that allows a board member to attend a meeting of the board by means of video conference. The board shall include in the policy, if adopted, the following:

(i) The number of regular meetings at which each board member shall be present in person, provided that number is not less than one-half of the regular meetings of the board annually;

(ii) That at least one-third of the board members attending the meeting shall be present in person at the physical location where the meeting is conducted;

(iii) That all votes taken at the meeting shall be taken by roll call vote;

(iv) That a board member who intends to attend a meeting by means of video conference shall notify the chairperson of that intent not less than forty-eight hours before the meeting, except in the case of an emergency as defined in the policy.

(c) Notwithstanding division (C) of section 121.22 of the Revised Code, a board member who attends a meeting by means of video conference is considered present in person at the meeting, may vote at the meeting, and is counted for purposes of determining whether a quorum is present at the meeting.

(d) At any meeting in which a board member attends by means of video conference, the board shall ensure that the public can hear and observe the discussions and deliberations of all the members of the board, whether the member is participating in person or electronically.

(e) Except as provided in this section, no person shall do any of the following:

(i) Limit the number of board members who may attend a meeting by means of video conference;

(ii) Limit the total number of meetings that the board may allow members to attend by means of video conference;

(iii) Limit the number of meetings at which any one board member may attend by means of video conference;

(iv) Impose other limits or obligations on a board member because the board member attends a meeting by means of video conference.

(3) Any member appointed under this section shall hold office until the end of the member's term or, if later, the date the member's successor takes office.

(B) The attorney general shall prescribe procedures for the adoption of rules authorized under this chapter, consistent with the provision of section 111.15 of the Revised Code under which all rules shall be filed in order to be effective. Such procedures shall establish methods by which notice of proposed rules are given to interested parties and rules adopted by the board published and otherwise made available. When it files a rule with the joint committee on agency rule review pursuant to section 111.15 of the Revised Code, the board shall submit to the Ohio retirement study council a copy of the full text of the rule, and if applicable, a copy of the rule summary and fiscal analysis required by division (B) of section 106.024 of the Revised Code.

(C)(1) As used in this division, "personal history record" means information maintained by the board on an individual who is a member, former member, retirant, or beneficiary that includes the address, electronic mail address, telephone number, social security number, record of contributions, correspondence with the system, and other information the board determines to be confidential.

(2) The records of the board shall be open to public inspection and may be made available in printed or electronic format, except for the following which shall be excluded: the member's, former member's, retirant's, or beneficiary's personal history record and the amount of a monthly allowance or benefit paid to a retirant, beneficiary, or survivor, except with the written authorization of the individual concerned.

(D) All medical reports and recommendations are privileged except as follows:

(1) Copies of such medical reports or recommendations shall be made available to the individual's personal physician, attorney, or authorized agent upon written release received from such individual or such individual's agent, or when necessary for the proper administration of the fund to the board-assigned physician.

(2) Documentation required by section 2929.193 of the Revised Code shall be provided to a court holding a hearing under that section.

(E) Notwithstanding the exceptions to public inspection in division (C)(2) of this section, the board may furnish the following information:

(1) If a member, former member, or retirant is subject to an order issued under section 2907.15 of the Revised Code or an order issued under division (A) or (B) of section 2929.192 of the Revised Code or is convicted of or pleads guilty to a violation of section 2921.41 of the Revised Code, on written request of a prosecutor as defined in section 2935.01 of the Revised Code, the board shall furnish to the prosecutor the information requested from the individual's personal history record.

(2) Pursuant to a court order issued under Chapters 3119., 3121., and 3123. of the Revised Code, the board shall furnish to a court or child support enforcement agency the information required under those chapters.

(3) At the written request of any nonprofit organization or association providing services to retirement system members, retirants, or beneficiaries, the board shall provide to the organization or association a list of the names and addresses of members, former members, retirants, or beneficiaries if the organization or association agrees to use such information solely in accordance with its stated purpose of providing services to such individuals and not for the benefit of other persons, organizations, or associations. The costs of compiling, copying, and mailing the list shall be paid by such entity.

(4) Within fourteen days after receiving from the director of job and family services a list of the names and social security numbers of recipients of public assistance pursuant to section 5101.181 of the Revised Code, the board shall inform the auditor of state of the name, current or most recent employer address, and social security number of each member whose name and social security number are the same as those of a person whose name or social security number was submitted by the director. The board and its employees, except for purposes of furnishing the auditor of state with information required by this section, shall preserve the confidentiality of recipients of public assistance in compliance with section 5101.181 of the Revised Code.

(5) The system shall comply with orders issued under section 3105.87 of the Revised Code.

On the written request of an alternate payee, as defined in section 3105.80 of the Revised Code, the system shall furnish to the alternate payee information on the amount and status of any amounts payable to the alternate payee under an order issued under section 3105.171 or 3105.65 of the Revised Code.

(6) At the request of any person, the board shall make available to the person copies of all documents, including resumes, in the board's possession regarding filling a vacancy of an employee member or retirant member of the board. The person who made the request shall pay the cost of compiling, copying, and mailing the documents. The information described in this division is a public record.

(7) The system shall provide the notice required by section 5505.263 of the Revised Code to the prosecutor assigned to the case.

(8) The system may provide information requested by the United States social security administration, United States centers for medicare and medicaid, public employees retirement system, Ohio public employees deferred compensation program, Ohio police and fire pension fund, school employees retirement system, state teachers retirement system, or Cincinnati retirement system.

(F) A statement that contains information obtained from the system's records that is certified and signed by an officer of the retirement system and to which the system's official seal is affixed, or copies of the system's records to which the signature and seal are attached, shall be received as true copies of the system's records in any court or before any officer of this state.

(G) The board may maintain records in printed or electronic format.

Sec. 5543.06. The county engineer shall annually call a meeting, within the county, at a time and place approved by the board of county commissioners, of all the township and county authorities having directly to do with the construction and repair of roads and bridges within the county. At such meeting, which shall be open to the general public, the engineer, or his the engineer's designee, shall instruct the proper authorities as to the best and most economical methods for repairing and maintaining the roads and bridges of the county, so as to provide a uniform system of highway work for such county. Each official attending such meeting shall receive his the official's actual and necessary expenses, in addition to his the official's regular per diem or salary, which shall be paid by the county treasurer from the road fund of the county on itemized vouchers approved by the engineer.

The county engineer may conduct a meeting under this section through means of video conference or any other similar electronic technology in accordance with section 121.221 of the Revised Code.

Section 2. That existing sections 305.02, 715.693, 924.12, 5505.04, and 5543.06 of the Revised Code are hereby repealed.