OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 257* Bill Analysis
135th General Assembly
Click here for H.B. 257’s Fiscal Note
Version: As Reported by Senate Government Oversight
Primary Sponsors: Reps. Hoops and Claggett
Effective date:
Christopher D. Glass, Attorney
SUMMARY
▪ Authorizes members of certain public bodies to hold and attend meetings and conduct
and attend hearings by video conference, when certain conditions are met.
▪ Permits members of public bodies to attend meetings or hearings by video conference
when the public body has adopted certain policies, including methods by which members
of the public may observe and attend meetings and hearings.
▪ Prohibits public bodies from attending a meeting or hearing by video conference if the
meeting or hearing involves a vote to approve a major nonroutine expenditure or
significant hiring decision, or a vote on a tax issue or tax increase, or if the board members
are compensated for or elected to their positions on the board.
▪ Prohibits public bodies to hold or attend hearings virtually without the consent of all
parties to the hearing.
▪ Permits public bodies otherwise prohibited from holding or attending virtual meetings
due to member compensation or election to attend a virtual meeting in which multiple
public bodies are participants, provided that the meeting is not for the purpose of voting
on a major nonroutine expenditure, significant hiring decision, or tax issue or increase.
▪ Provides that a member of a board of directors of a Joint Economic Development District
(JEDD) does not have to be present in person at a meeting in order to be part of a quorum
or to vote if the JEDD board holds a virtual meeting in accordance with existing provisions.
▪ Specifically allows the Public Employees Retirement System, the Board of Trustees of the
Ohio Police and Fire Pension Fund, the School Employees Retirement Board, and the State
*
This analysis was prepared before the report of the Senate Government Oversight Committee appeared
in the Senate Journal. Note that the legislative history may be incomplete.
December 12, 2024
Office of Research and Drafting LSC Legislative Budget Office
Highway Patrol Retirement Board to meet via video conference or other similar electronic
technology when they adopt a particular policy.
DETAILED ANALYSIS
Virtual meetings for certain public bodies
The bill permits members of certain public bodies to hold and attend meetings and
conduct and attend hearings by means of video conference or any other similar electronic
technology.1 The bill specifies that its provisions do not negate any provisions of the Open
Meetings Law or Administrative Procedure Act, or other provisions of the Revised Code, that do
not conflict with the bill.2 Under current Open Meetings Law, public bodies generally are required
to take official action and deliberate official business only in open meetings where the public may
attend and observe, and members of the public body must be present in person at a meeting in
order to be considered present, vote, or be counted as part of a quorum.
Public body defined
Under the existing Open Meetings Law, “public body,” means:
Any board, commission, committee, council, or similar
decision-making body of a state agency, institution, or authority,
and any legislative authority or board, commission, committee,
council, agency, authority, or similar decision-making body of any
county, township, municipal corporation, school district, or other
political subdivision or local public institution.3
Virtual meetings and hearings
The bill specifies that when meeting virtually, a rule, resolution, or formal action has the
same effect as if it occurred during an open meeting or hearing of the public body. Members of
the public body who attend via video conference or similar electronic technology are considered
present at the meeting for quorum and other purposes, and must be permitted to vote.
The public body may not meet or hold a hearing virtually until it has adopted a policy that
satisfies the bill’s requirements, explained below (see “Notification of the meeting or
hearing,” “Public access,” “Voting procedure,” and “In-person meetings
required,” below).4 The bill clarifies that, if a provision 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 provision prevails over the bill’s general provisions with
respect to that particular public body. For example, the sections of the bill creating virtual
1
R.C. 121.221, 924.12, and 5534.06.
2
R.C. 121.221(D); R.C. 121.22 and R.C. Chapter 119, not in the bill.
3
R.C. 121.22, not in the bill.
4
R.C. 121.221(B)(1) and (2).
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meeting procedures for the School Employees Retirement System prevails over the bill’s general
provisions in R.C. 121.221.5
Notification of the meeting or hearing
To hold a virtual hearing or meeting, the public body must adopt a policy that requires
the public body to notify the public, the news media that have requested notification of a
meeting, and any parties required to be notified of a virtual meeting or hearing at least 72 hours
in advance of the meeting or hearing, using 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 an emergency requiring immediate official
action, as defined by the policy, the public body immediately must notify the news media, or
parties required to be notified, of the time, place, and purpose of the meeting or hearing.
In addition, a member of the public body who intends to attend a meeting virtually must
notify the chairperson of that intent not less than 48 hours before the meeting, except in the
case of an emergency as defined in the policy.6
Public access
The policy additionally must include that the public body must provide the public access
to a virtual meeting or hearing that the public is entitled to attend, commensurate with the
method in which the meeting or hearing is being conducted. The bill gives some examples:
livestreaming by means of the internet, television, cable, or public access channels.
The public body must 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. To this end, members of the public body must have a sufficient internet
or other electronic connection to allow the member to be seen and heard clearly, and the
member must be visible at all times.
The public body also must 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.
Additionally, no public body may hold a hearing, and no members of a public body may
attend a hearing virtually, without the consent of all parties to the hearing. For example, if a
person had a hearing scheduled with the Liquor Control Commission, the person has the right to
have an in-person hearing.7
Voting procedure
All votes taken at a meeting or hearing held by video conference or similar electronic
technology must be by roll call vote, unless there is a motion for unanimous consent, and the
5
R.C. 121.221(D) and 3309.091.
6
R.C. 121.221(B)(3)(a) and (d).
7
R.C. 121.221(B)(3)(b), (B)(4), and (C).
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motion is not objected to by a member of the public body. If a vote is taken unanimously, the
public body must provide the public with information on how the members of the public body
voted, including any members who abstained from voting.8
In-person meetings required
The bill prohibits a public body from holding, and a member of a public body from
attending a meeting or hearing virtually if the meeting or hearing involves a vote to approve a
major nonroutine expenditure or significant hiring decision, as defined by the public body in the
policy, or to propose, approve, or vote on a tax issue or tax increase, or if the board’s members
are compensated (excluding compensation for qualified expenses) for their position as board
members or elected to their positions by a vote of the general public.
Additionally, if 10% of the members of the public body, or two members of the public
body if the public body has 20 members or less, at least 48 hours before the meeting, notifies the
chairperson that an item in the agenda must be acted upon at a meeting conducted fully in
person, and if the chairperson acknowledges receipt of the notification, the public body may only
take action on that item of the agenda at a meeting conducted fully in person.9
Multi-party meetings
Under the bill, a multi-party meeting is a meeting between two or more public bodies.
The bill permits public bodies otherwise prohibited from holding virtual meetings and hearings
due to member compensation or election to hold and attend virtual multi-party meetings,
provided that the meeting is not held for the purpose of voting on a major nonroutine
expenditure, significant hiring decision, or tax issue or increase.10
Remote attendance – Joint Economic Development Districts
The bill provides that a member of a board of directors of a Joint Economic Development
District (JEDD) does not have to be present in person at a meeting open to the public in order to
be part of a quorum or to vote if the JEDD board holds a virtual meeting in accordance with
existing provisions. These existing provisions are similar to other existing remote meeting
procedures, and permit members of the board of directors of a Joint Economic Development
Zone and a Joint Economic Review Council to attend meetings remotely. The bill extends these
provisions to JEDD boards of directors.11
Virtual meetings for retirement boards
The bill also specifically permits members of certain retirement boards to attend meetings
via video conference or other similar electronic technology when they adopt a particular policy.
These provisions are similar to existing law provisions that govern the State Teacher’s Retirement
8
R.C. 121.221(B)(3)(c).
9
R.C. 121.221(B)(3)(e) and (f).
10
R.C. 121.221(A) and (B)(5)(b).
11
R.C. 715.693.
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Board, except the bill’s provisions do not permit attending meetings by teleconference.12 These
boards are:
▪ The Public Employees Retirement System;
▪ The Board of Trustees of the Ohio Police and Fire Pension Fund;
▪ The School Employees Retirement Board; and
▪ The State Highway Patrol Retirement Board.
Under the bill, the listed retirement boards may adopt a policy that allows a board
member to attend a meeting of the board by means of video conference if the policy includes
the following:
▪ The number of regular in-person meetings (a meeting in which no virtual attendance is
allowed) must be at least ¾ of the board’s annual meetings;
▪ A majority of the board members attending the meeting must be present in person;
▪ All votes taken must be by roll call vote; and
▪ A board member must notify the chairperson of the intent to attend a meeting virtually
no less than 48 hours before the meeting, except in the case of an emergency as defined
in the policy.
A board member who attends a meeting virtually is considered present in person at the
meeting for the purposes of determining a quorum, and may vote at the meeting. At any meeting
in which a board member attends virtually, the board must ensure that the public can hear and
observe the discussions and deliberations of all members of the board, whether the person is
participating in person or electronically.
Additionally, other than the limits imposed by the bill’s provisions, no person may limit
the number of board members who attend virtually, limit the total number of meetings in which
the board may allow members to attend virtually, limit the number of meetings at which any one
board member may attend virtually, or impose other limits or obligations on a board member
because the board member attends a meeting virtually.13
State Teachers Retirement Board meeting policies
The bill revises the State Teachers Retirement Board’s existing virtual meeting authority
to bring the proportion of in-person meetings and attendance into line with the other retirement
boards affected by the bill. Under existing law, at least ½ of the board’s regular meetings must
be held in person, and at least 1⁄3 of the board members must be present in person at a meeting
when a member attends the meeting virtually. The bill requires that at least ¾ of the board’s
12
R.C. 3307.091.
13
R.C. 145.071, 742.071, 3309.091, and 5505.04.
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regular meetings must be held in person, and that a majority of the board members must be
present in person at a meeting when a member attends the meeting virtually.14
HISTORY
Action Date
Introduced 08-22-23
Reported, H. Gov’t Oversight 11-15-23
Passed House (74-3) 11-29-23
Reported, S. Gov’t Oversight ---
ANHB0257RS-135/ar
14
R.C. 3307.091(A)(1) and (2)(a).
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Statutes affected:
As Introduced: 924.12, 5505.04, 5543.06
As Reported By House Committee: 305.02, 715.693, 924.12, 5505.04, 5543.06
As Passed By House: 305.02, 715.693, 924.12, 5505.04, 5543.06