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As Introduced
136th
General Assembly
Regular
Session
S. B. No. 351
2025-2026
Senator Manning
To
amend section 121.221 of the Revised Code
to
allow an active duty service member on deployment, and who is a
member of a public body in the state, to attend meetings of the
public body virtually.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
section 121.221 of the Revised Code be amended 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 section 121.22 of the Revised
Code.
"Multi-party
meeting" means a meeting in which the members of a public body
and the members of at least one other public body are participants.
(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 any of the following apply:
(i)
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;
(ii)
The meeting or hearing involves a vote to approve a significant
hiring decision as defined by that policy;
(iii)
The meeting or hearing involves a purpose to propose, approve, or
vote on a tax issue or tax increase;
(iv)
Excluding expense reimbursements to members for actual expenses
incurred while fulfilling their duties, the members of the public
body are compensated for their position as members of the public
body, except when members are participating in a multi-party meeting
if the multi-party meeting does not involve a vote to approve a major
nonroutine expenditure or significant hiring decision or involve a
purpose to propose, approve, or vote on a tax issue or tax increase;
(v)
The members of the public body are elected by vote of the general
public to their positions as members, except when members are
participating in a multi-party meeting if the multi-party meeting
does not involve a vote to approve a major nonroutine expenditure or
significant hiring decision or involve a purpose to propose, approve,
or vote on 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.
(5)(a)
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 any of the following apply:
(i)
The meeting or hearing involves a vote to approve a major nonroutine
expenditure.
(ii)
The meeting or hearing involves a vote to approve a significant
hiring decision.
(iii)
The meeting or hearing involves a purpose to propose, approve, or
vote on a tax issue or tax increase.
(iv)
Excluding expense reimbursements for actual expenses incurred while
fulfilling their duties, the members of the public body are
compensated for their position as members of the public body.
(v)
The members of the public body are elected by the general public to
their positions as members.
(b)
The prohibition on compensated and elected members holding or
attending virtual meetings and hearings established in division
(A)(5)(a) of this section does not apply to members participating in
a virtual multi-party meeting if the multi-party meeting does not
involve a vote to approve a major nonroutine expenditure or
significant hiring decision or involve a purpose to propose, approve,
or vote on a tax issue or tax increase.
(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.
(E)
A public body may adopt a policy, notwithstanding division (B) of
this section, that specifies conditions under which a member of the
public body, who is an active duty service member, may attend a
meeting or hearing by means of video conference or any other similar
electronic technology. The policy shall require that the active duty
service member, at the time of the meeting, be deployed at a location
outside of the jurisdiction of the public body. As used in this
division, "active duty service member" means any member of
the armed forces of the United States performing active duty under
Title 10 of the United States Code.
Section
2.
That
existing section 121.221 of the Revised Code is hereby repealed.