Bill Text: OH HB663 | 2013-2014 | 130th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: That is scheduled to take effect on March 20, 2015, to continue the provisions of this act on and after that date.
Spectrum: Partisan Bill (Republican 12-0)
Status: (Passed) 2014-12-19 - Governor' Action [HB663 Detail]
Download: Ohio-2013-HB663-Engrossed.html
As Passed by the House
A BILL
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Bill Title: That is scheduled to take effect on March 20, 2015, to continue the provisions of this act on and after that date.
Spectrum: Partisan Bill (Republican 12-0)
Status: (Passed) 2014-12-19 - Governor' Action [HB663 Detail]
Download: Ohio-2013-HB663-Engrossed.html
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Representatives Buchy, Huffman
Cosponsors:
Representatives Brenner, Maag, Scherer, Wachtmann Speaker Batchelder
To amend section 149.43 and to enact sections | 1 |
2949.221, 2949.222, and 2949.223 of the Revised | 2 |
Code to provide confidentiality and license | 3 |
protection for persons and entities involved in | 4 |
executing a sentence of capital punishment by | 5 |
lethal injection and to void as against public | 6 |
policy any agreement that prevents the supplying | 7 |
of any drug or drugs to be used in executing a | 8 |
sentence of capital punishment by lethal | 9 |
injection, and to amend the version of section | 10 |
149.43 of the Revised Code that is scheduled to | 11 |
take effect on March 20, 2015, to continue the | 12 |
provisions of this act on and after that date. | 13 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 149.43 be amended and sections | 14 |
2949.221, 2949.222, and 2949.223 of the Revised Code be enacted to | 15 |
read as follows: | 16 |
Sec. 149.43. (A) As used in this section: | 17 |
(1) "Public record" means records kept by any public office, | 18 |
including, but not limited to, state, county, city, village, | 19 |
township, and school district units, and records pertaining to the | 20 |
delivery of educational services by an alternative school in this | 21 |
state kept by the nonprofit or for-profit entity operating the | 22 |
alternative school pursuant to section 3313.533 of the Revised | 23 |
Code. "Public record" does not mean any of the following: | 24 |
(a) Medical records; | 25 |
(b) Records pertaining to probation and parole proceedings or | 26 |
to proceedings related to the imposition of community control | 27 |
sanctions and post-release control sanctions; | 28 |
(c) Records pertaining to actions under section 2151.85 and | 29 |
division (C) of section 2919.121 of the Revised Code and to | 30 |
appeals of actions arising under those sections; | 31 |
(d) Records pertaining to adoption proceedings, including the | 32 |
contents of an adoption file maintained by the department of | 33 |
health under section 3705.12 of the Revised Code; | 34 |
(e) Information in a record contained in the putative father | 35 |
registry established by section 3107.062 of the Revised Code, | 36 |
regardless of whether the information is held by the department of | 37 |
job and family services or, pursuant to section 3111.69 of the | 38 |
Revised Code, the office of child support in the department or a | 39 |
child support enforcement agency; | 40 |
(f) Records listed in division (A) of section 3107.42 of the | 41 |
Revised Code or specified in division (A) of section 3107.52 of | 42 |
the Revised Code; | 43 |
(g) Trial preparation records; | 44 |
(h) Confidential law enforcement investigatory records; | 45 |
(i) Records containing information that is confidential under | 46 |
section 2710.03 or 4112.05 of the Revised Code; | 47 |
(j) DNA records stored in the DNA database pursuant to | 48 |
section 109.573 of the Revised Code; | 49 |
(k) Inmate records released by the department of | 50 |
rehabilitation and correction to the department of youth services | 51 |
or a court of record pursuant to division (E) of section 5120.21 | 52 |
of the Revised Code; | 53 |
(l) Records maintained by the department of youth services | 54 |
pertaining to children in its custody released by the department | 55 |
of youth services to the department of rehabilitation and | 56 |
correction pursuant to section 5139.05 of the Revised Code; | 57 |
(m) Intellectual property records; | 58 |
(n) Donor profile records; | 59 |
(o) Records maintained by the department of job and family | 60 |
services pursuant to section 3121.894 of the Revised Code; | 61 |
(p) Peace officer, parole officer, probation officer, | 62 |
bailiff, prosecuting attorney, assistant prosecuting attorney, | 63 |
correctional employee, community-based correctional facility | 64 |
employee, youth services employee, firefighter, EMT, or | 65 |
investigator of the bureau of criminal identification and | 66 |
investigation residential and familial information; | 67 |
(q) In the case of a county hospital operated pursuant to | 68 |
Chapter 339. of the Revised Code or a municipal hospital operated | 69 |
pursuant to Chapter 749. of the Revised Code, information that | 70 |
constitutes a trade secret, as defined in section 1333.61 of the | 71 |
Revised Code; | 72 |
(r) Information pertaining to the recreational activities of | 73 |
a person under the age of eighteen; | 74 |
(s) Records provided to, statements made by review board | 75 |
members during meetings of, and all work products of a child | 76 |
fatality review board acting under sections 307.621 to 307.629 of | 77 |
the Revised Code, and child fatality review data submitted by the | 78 |
child fatality review board to the department of health or a | 79 |
national child death review database, other than the report | 80 |
prepared pursuant to division (A) of section 307.626 of the | 81 |
Revised Code; | 82 |
(t) Records provided to and statements made by the executive | 83 |
director of a public children services agency or a prosecuting | 84 |
attorney acting pursuant to section 5153.171 of the Revised Code | 85 |
other than the information released under that section; | 86 |
(u) Test materials, examinations, or evaluation tools used in | 87 |
an examination for licensure as a nursing home administrator that | 88 |
the board of executives of long-term services and supports | 89 |
administers under section 4751.04 of the Revised Code or contracts | 90 |
under that section with a private or government entity to | 91 |
administer; | 92 |
(v) Records the release of which is prohibited by state or | 93 |
federal law; | 94 |
(w) Proprietary information of or relating to any person that | 95 |
is submitted to or compiled by the Ohio venture capital authority | 96 |
created under section 150.01 of the Revised Code; | 97 |
(x) Financial statements and data any person submits for any | 98 |
purpose to the Ohio housing finance agency or the controlling | 99 |
board in connection with applying for, receiving, or accounting | 100 |
for financial assistance from the agency, and information that | 101 |
identifies any individual who benefits directly or indirectly from | 102 |
financial assistance from the agency; | 103 |
(y) Records listed in section 5101.29 of the Revised Code; | 104 |
(z) Discharges recorded with a county recorder under section | 105 |
317.24 of the Revised Code, as specified in division (B)(2) of | 106 |
that section; | 107 |
(aa) Usage information including names and addresses of | 108 |
specific residential and commercial customers of a municipally | 109 |
owned or operated public utility; | 110 |
(bb) Records described in division (C) of section 187.04 of | 111 |
the Revised Code that are not designated to be made available to | 112 |
the public as provided in that division; | 113 |
(cc) Information and records that are made confidential, | 114 |
privileged, and not subject to disclosure under divisions (B) and | 115 |
(C) of section 2949.222 of the Revised Code. | 116 |
(2) "Confidential law enforcement investigatory record" means | 117 |
any record that pertains to a law enforcement matter of a | 118 |
criminal, quasi-criminal, civil, or administrative nature, but | 119 |
only to the extent that the release of the record would create a | 120 |
high probability of disclosure of any of the following: | 121 |
(a) The identity of a suspect who has not been charged with | 122 |
the offense to which the record pertains, or of an information | 123 |
source or witness to whom confidentiality has been reasonably | 124 |
promised; | 125 |
(b) Information provided by an information source or witness | 126 |
to whom confidentiality has been reasonably promised, which | 127 |
information would reasonably tend to disclose the source's or | 128 |
witness's identity; | 129 |
(c) Specific confidential investigatory techniques or | 130 |
procedures or specific investigatory work product; | 131 |
(d) Information that would endanger the life or physical | 132 |
safety of law enforcement personnel, a crime victim, a witness, or | 133 |
a confidential information source. | 134 |
(3) "Medical record" means any document or combination of | 135 |
documents, except births, deaths, and the fact of admission to or | 136 |
discharge from a hospital, that pertains to the medical history, | 137 |
diagnosis, prognosis, or medical condition of a patient and that | 138 |
is generated and maintained in the process of medical treatment. | 139 |
(4) "Trial preparation record" means any record that contains | 140 |
information that is specifically compiled in reasonable | 141 |
anticipation of, or in defense of, a civil or criminal action or | 142 |
proceeding, including the independent thought processes and | 143 |
personal trial preparation of an attorney. | 144 |
(5) "Intellectual property record" means a record, other than | 145 |
a financial or administrative record, that is produced or | 146 |
collected by or for faculty or staff of a state institution of | 147 |
higher learning in the conduct of or as a result of study or | 148 |
research on an educational, commercial, scientific, artistic, | 149 |
technical, or scholarly issue, regardless of whether the study or | 150 |
research was sponsored by the institution alone or in conjunction | 151 |
with a governmental body or private concern, and that has not been | 152 |
publicly released, published, or patented. | 153 |
(6) "Donor profile record" means all records about donors or | 154 |
potential donors to a public institution of higher education | 155 |
except the names and reported addresses of the actual donors and | 156 |
the date, amount, and conditions of the actual donation. | 157 |
(7) "Peace officer, parole officer, probation officer, | 158 |
bailiff, prosecuting attorney, assistant prosecuting attorney, | 159 |
correctional employee, community-based correctional facility | 160 |
employee, youth services employee, firefighter, EMT, or | 161 |
investigator of the bureau of criminal identification and | 162 |
investigation residential and familial information" means any | 163 |
information that discloses any of the following about a peace | 164 |
officer, parole officer, probation officer, bailiff, prosecuting | 165 |
attorney, assistant prosecuting attorney, correctional employee, | 166 |
community-based correctional facility employee, youth services | 167 |
employee, firefighter, EMT, or investigator of the bureau of | 168 |
criminal identification and investigation: | 169 |
(a) The address of the actual personal residence of a peace | 170 |
officer, parole officer, probation officer, bailiff, assistant | 171 |
prosecuting attorney, correctional employee, community-based | 172 |
correctional facility employee, youth services employee, | 173 |
firefighter, EMT, or an investigator of the bureau of criminal | 174 |
identification and investigation, except for the state or | 175 |
political subdivision in which the peace officer, parole officer, | 176 |
probation officer, bailiff, assistant prosecuting attorney, | 177 |
correctional employee, community-based correctional facility | 178 |
employee, youth services employee, firefighter, EMT, or | 179 |
investigator of the bureau of criminal identification and | 180 |
investigation resides; | 181 |
(b) Information compiled from referral to or participation in | 182 |
an employee assistance program; | 183 |
(c) The social security number, the residential telephone | 184 |
number, any bank account, debit card, charge card, or credit card | 185 |
number, or the emergency telephone number of, or any medical | 186 |
information pertaining to, a peace officer, parole officer, | 187 |
probation officer, bailiff, prosecuting attorney, assistant | 188 |
prosecuting attorney, correctional employee, community-based | 189 |
correctional facility employee, youth services employee, | 190 |
firefighter, EMT, or investigator of the bureau of criminal | 191 |
identification and investigation; | 192 |
(d) The name of any beneficiary of employment benefits, | 193 |
including, but not limited to, life insurance benefits, provided | 194 |
to a peace officer, parole officer, probation officer, bailiff, | 195 |
prosecuting attorney, assistant prosecuting attorney, correctional | 196 |
employee, community-based correctional facility employee, youth | 197 |
services employee, firefighter, EMT, or investigator of the bureau | 198 |
of criminal identification and investigation by the peace | 199 |
officer's, parole officer's, probation officer's, bailiff's, | 200 |
prosecuting attorney's, assistant prosecuting attorney's, | 201 |
correctional employee's, community-based correctional facility | 202 |
employee's, youth services employee's, firefighter's, EMT's, or | 203 |
investigator of the bureau of criminal identification and | 204 |
investigation's employer; | 205 |
(e) The identity and amount of any charitable or employment | 206 |
benefit deduction made by the peace officer's, parole officer's, | 207 |
probation officer's, bailiff's, prosecuting attorney's, assistant | 208 |
prosecuting attorney's, correctional employee's, community-based | 209 |
correctional facility employee's, youth services employee's, | 210 |
firefighter's, EMT's, or investigator of the bureau of criminal | 211 |
identification and investigation's employer from the peace | 212 |
officer's, parole officer's, probation officer's, bailiff's, | 213 |
prosecuting attorney's, assistant prosecuting attorney's, | 214 |
correctional employee's, community-based correctional facility | 215 |
employee's, youth services employee's, firefighter's, EMT's, or | 216 |
investigator of the bureau of criminal identification and | 217 |
investigation's compensation unless the amount of the deduction is | 218 |
required by state or federal law; | 219 |
(f) The name, the residential address, the name of the | 220 |
employer, the address of the employer, the social security number, | 221 |
the residential telephone number, any bank account, debit card, | 222 |
charge card, or credit card number, or the emergency telephone | 223 |
number of the spouse, a former spouse, or any child of a peace | 224 |
officer, parole officer, probation officer, bailiff, prosecuting | 225 |
attorney, assistant prosecuting attorney, correctional employee, | 226 |
community-based correctional facility employee, youth services | 227 |
employee, firefighter, EMT, or investigator of the bureau of | 228 |
criminal identification and investigation; | 229 |
(g) A photograph of a peace officer who holds a position or | 230 |
has an assignment that may include undercover or plain clothes | 231 |
positions or assignments as determined by the peace officer's | 232 |
appointing authority. | 233 |
As used in divisions (A)(7) and (B)(9) of this section, | 234 |
"peace officer" has the same meaning as in section 109.71 of the | 235 |
Revised Code and also includes the superintendent and troopers of | 236 |
the state highway patrol; it does not include the sheriff of a | 237 |
county or a supervisory employee who, in the absence of the | 238 |
sheriff, is authorized to stand in for, exercise the authority of, | 239 |
and perform the duties of the sheriff. | 240 |
As used in divisions (A)(7) and (B) | 241 |
"correctional employee" means any employee of the department of | 242 |
rehabilitation and correction who in the course of performing the | 243 |
employee's job duties has or has had contact with inmates and | 244 |
persons under supervision. | 245 |
As used in divisions (A)(7) and (B) | 246 |
"youth services employee" means any employee of the department of | 247 |
youth services who in the course of performing the employee's job | 248 |
duties has or has had contact with children committed to the | 249 |
custody of the department of youth services. | 250 |
As used in divisions (A)(7) and (B)(9) of this section, | 251 |
"firefighter" means any regular, paid or volunteer, member of a | 252 |
lawfully constituted fire department of a municipal corporation, | 253 |
township, fire district, or village. | 254 |
As used in divisions (A)(7) and (B)(9) of this section, "EMT" | 255 |
means EMTs-basic, EMTs-I, and paramedics that provide emergency | 256 |
medical services for a public emergency medical service | 257 |
organization. "Emergency medical service organization," | 258 |
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in | 259 |
section 4765.01 of the Revised Code. | 260 |
As used in divisions (A)(7) and (B)(9) of this section, | 261 |
"investigator of the bureau of criminal identification and | 262 |
investigation" has the meaning defined in section 2903.11 of the | 263 |
Revised Code. | 264 |
(8) "Information pertaining to the recreational activities of | 265 |
a person under the age of eighteen" means information that is kept | 266 |
in the ordinary course of business by a public office, that | 267 |
pertains to the recreational activities of a person under the age | 268 |
of eighteen years, and that discloses any of the following: | 269 |
(a) The address or telephone number of a person under the age | 270 |
of eighteen or the address or telephone number of that person's | 271 |
parent, guardian, custodian, or emergency contact person; | 272 |
(b) The social security number, birth date, or photographic | 273 |
image of a person under the age of eighteen; | 274 |
(c) Any medical record, history, or information pertaining to | 275 |
a person under the age of eighteen; | 276 |
(d) Any additional information sought or required about a | 277 |
person under the age of eighteen for the purpose of allowing that | 278 |
person to participate in any recreational activity conducted or | 279 |
sponsored by a public office or to use or obtain admission | 280 |
privileges to any recreational facility owned or operated by a | 281 |
public office. | 282 |
(9) "Community control sanction" has the same meaning as in | 283 |
section 2929.01 of the Revised Code. | 284 |
(10) "Post-release control sanction" has the same meaning as | 285 |
in section 2967.01 of the Revised Code. | 286 |
(11) "Redaction" means obscuring or deleting any information | 287 |
that is exempt from the duty to permit public inspection or | 288 |
copying from an item that otherwise meets the definition of a | 289 |
"record" in section 149.011 of the Revised Code. | 290 |
(12) "Designee" and "elected official" have the same meanings | 291 |
as in section 109.43 of the Revised Code. | 292 |
(B)(1) Upon request and subject to division (B)(8) of this | 293 |
section, all public records responsive to the request shall be | 294 |
promptly prepared and made available for inspection to any person | 295 |
at all reasonable times during regular business hours. Subject to | 296 |
division (B)(8) of this section, upon request, a public office or | 297 |
person responsible for public records shall make copies of the | 298 |
requested public record available at cost and within a reasonable | 299 |
period of time. If a public record contains information that is | 300 |
exempt from the duty to permit public inspection or to copy the | 301 |
public record, the public office or the person responsible for the | 302 |
public record shall make available all of the information within | 303 |
the public record that is not exempt. When making that public | 304 |
record available for public inspection or copying that public | 305 |
record, the public office or the person responsible for the public | 306 |
record shall notify the requester of any redaction or make the | 307 |
redaction plainly visible. A redaction shall be deemed a denial of | 308 |
a request to inspect or copy the redacted information, except if | 309 |
federal or state law authorizes or requires a public office to | 310 |
make the redaction. | 311 |
(2) To facilitate broader access to public records, a public | 312 |
office or the person responsible for public records shall organize | 313 |
and maintain public records in a manner that they can be made | 314 |
available for inspection or copying in accordance with division | 315 |
(B) of this section. A public office also shall have available a | 316 |
copy of its current records retention schedule at a location | 317 |
readily available to the public. If a requester makes an ambiguous | 318 |
or overly broad request or has difficulty in making a request for | 319 |
copies or inspection of public records under this section such | 320 |
that the public office or the person responsible for the requested | 321 |
public record cannot reasonably identify what public records are | 322 |
being requested, the public office or the person responsible for | 323 |
the requested public record may deny the request but shall provide | 324 |
the requester with an opportunity to revise the request by | 325 |
informing the requester of the manner in which records are | 326 |
maintained by the public office and accessed in the ordinary | 327 |
course of the public office's or person's duties. | 328 |
(3) If a request is ultimately denied, in part or in whole, | 329 |
the public office or the person responsible for the requested | 330 |
public record shall provide the requester with an explanation, | 331 |
including legal authority, setting forth why the request was | 332 |
denied. If the initial request was provided in writing, the | 333 |
explanation also shall be provided to the requester in writing. | 334 |
The explanation shall not preclude the public office or the person | 335 |
responsible for the requested public record from relying upon | 336 |
additional reasons or legal authority in defending an action | 337 |
commenced under division (C) of this section. | 338 |
(4) Unless specifically required or authorized by state or | 339 |
federal law or in accordance with division (B) of this section, no | 340 |
public office or person responsible for public records may limit | 341 |
or condition the availability of public records by requiring | 342 |
disclosure of the requester's identity or the intended use of the | 343 |
requested public record. Any requirement that the requester | 344 |
disclose the requestor's identity or the intended use of the | 345 |
requested public record constitutes a denial of the request. | 346 |
(5) A public office or person responsible for public records | 347 |
may ask a requester to make the request in writing, may ask for | 348 |
the requester's identity, and may inquire about the intended use | 349 |
of the information requested, but may do so only after disclosing | 350 |
to the requester that a written request is not mandatory and that | 351 |
the requester may decline to reveal the requester's identity or | 352 |
the intended use and when a written request or disclosure of the | 353 |
identity or intended use would benefit the requester by enhancing | 354 |
the ability of the public office or person responsible for public | 355 |
records to identify, locate, or deliver the public records sought | 356 |
by the requester. | 357 |
(6) If any person chooses to obtain a copy of a public record | 358 |
in accordance with division (B) of this section, the public office | 359 |
or person responsible for the public record may require that | 360 |
person to pay in advance the cost involved in providing the copy | 361 |
of the public record in accordance with the choice made by the | 362 |
person seeking the copy under this division. The public office or | 363 |
the person responsible for the public record shall permit that | 364 |
person to choose to have the public record duplicated upon paper, | 365 |
upon the same medium upon which the public office or person | 366 |
responsible for the public record keeps it, or upon any other | 367 |
medium upon which the public office or person responsible for the | 368 |
public record determines that it reasonably can be duplicated as | 369 |
an integral part of the normal operations of the public office or | 370 |
person responsible for the public record. When the person seeking | 371 |
the copy makes a choice under this division, the public office or | 372 |
person responsible for the public record shall provide a copy of | 373 |
it in accordance with the choice made by the person seeking the | 374 |
copy. Nothing in this section requires a public office or person | 375 |
responsible for the public record to allow the person seeking a | 376 |
copy of the public record to make the copies of the public record. | 377 |
(7) Upon a request made in accordance with division (B) of | 378 |
this section and subject to division (B)(6) of this section, a | 379 |
public office or person responsible for public records shall | 380 |
transmit a copy of a public record to any person by United States | 381 |
mail or by any other means of delivery or transmission within a | 382 |
reasonable period of time after receiving the request for the | 383 |
copy. The public office or person responsible for the public | 384 |
record may require the person making the request to pay in advance | 385 |
the cost of postage if the copy is transmitted by United States | 386 |
mail or the cost of delivery if the copy is transmitted other than | 387 |
by United States mail, and to pay in advance the costs incurred | 388 |
for other supplies used in the mailing, delivery, or transmission. | 389 |
Any public office may adopt a policy and procedures that it | 390 |
will follow in transmitting, within a reasonable period of time | 391 |
after receiving a request, copies of public records by United | 392 |
States mail or by any other means of delivery or transmission | 393 |
pursuant to this division. A public office that adopts a policy | 394 |
and procedures under this division shall comply with them in | 395 |
performing its duties under this division. | 396 |
In any policy and procedures adopted under this division, a | 397 |
public office may limit the number of records requested by a | 398 |
person that the office will transmit by United States mail to ten | 399 |
per month, unless the person certifies to the office in writing | 400 |
that the person does not intend to use or forward the requested | 401 |
records, or the information contained in them, for commercial | 402 |
purposes. For purposes of this division, "commercial" shall be | 403 |
narrowly construed and does not include reporting or gathering | 404 |
news, reporting or gathering information to assist citizen | 405 |
oversight or understanding of the operation or activities of | 406 |
government, or nonprofit educational research. | 407 |
(8) A public office or person responsible for public records | 408 |
is not required to permit a person who is incarcerated pursuant to | 409 |
a criminal conviction or a juvenile adjudication to inspect or to | 410 |
obtain a copy of any public record concerning a criminal | 411 |
investigation or prosecution or concerning what would be a | 412 |
criminal investigation or prosecution if the subject of the | 413 |
investigation or prosecution were an adult, unless the request to | 414 |
inspect or to obtain a copy of the record is for the purpose of | 415 |
acquiring information that is subject to release as a public | 416 |
record under this section and the judge who imposed the sentence | 417 |
or made the adjudication with respect to the person, or the | 418 |
judge's successor in office, finds that the information sought in | 419 |
the public record is necessary to support what appears to be a | 420 |
justiciable claim of the person. | 421 |
(9)(a) Upon written request made and signed by a journalist | 422 |
on or after December 16, 1999, a public office, or person | 423 |
responsible for public records, having custody of the records of | 424 |
the agency employing a specified peace officer, parole officer, | 425 |
probation officer, bailiff, prosecuting attorney, assistant | 426 |
prosecuting attorney, correctional employee, community-based | 427 |
correctional facility employee, youth services employee, | 428 |
firefighter, EMT, or investigator of the bureau of criminal | 429 |
identification and investigation shall disclose to the journalist | 430 |
the address of the actual personal residence of the peace officer, | 431 |
parole officer, probation officer, bailiff, prosecuting attorney, | 432 |
assistant prosecuting attorney, correctional employee, | 433 |
community-based correctional facility employee, youth services | 434 |
employee, firefighter, EMT, or investigator of the bureau of | 435 |
criminal identification and investigation and, if the peace | 436 |
officer's, parole officer's, probation officer's, bailiff's, | 437 |
prosecuting attorney's, assistant prosecuting attorney's, | 438 |
correctional employee's, community-based correctional facility | 439 |
employee's, youth services employee's, firefighter's, EMT's, or | 440 |
investigator of the bureau of criminal identification and | 441 |
investigation's spouse, former spouse, or child is employed by a | 442 |
public office, the name and address of the employer of the peace | 443 |
officer's, parole officer's, probation officer's, bailiff's, | 444 |
prosecuting attorney's, assistant prosecuting attorney's, | 445 |
correctional employee's, community-based correctional facility | 446 |
employee's, youth services employee's, firefighter's, EMT's, or | 447 |
investigator of the bureau of criminal identification and | 448 |
investigation's spouse, former spouse, or child. The request shall | 449 |
include the journalist's name and title and the name and address | 450 |
of the journalist's employer and shall state that disclosure of | 451 |
the information sought would be in the public interest. | 452 |
(b) Division (B)(9)(a) of this section also applies to | 453 |
journalist requests for customer information maintained by a | 454 |
municipally owned or operated public utility, other than social | 455 |
security numbers and any private financial information such as | 456 |
credit reports, payment methods, credit card numbers, and bank | 457 |
account information. | 458 |
(c) As used in division (B)(9) of this section, "journalist" | 459 |
means a person engaged in, connected with, or employed by any news | 460 |
medium, including a newspaper, magazine, press association, news | 461 |
agency, or wire service, a radio or television station, or a | 462 |
similar medium, for the purpose of gathering, processing, | 463 |
transmitting, compiling, editing, or disseminating information for | 464 |
the general public. | 465 |
(C)(1) If a person allegedly is aggrieved by the failure of a | 466 |
public office or the person responsible for public records to | 467 |
promptly prepare a public record and to make it available to the | 468 |
person for inspection in accordance with division (B) of this | 469 |
section or by any other failure of a public office or the person | 470 |
responsible for public records to comply with an obligation in | 471 |
accordance with division (B) of this section, the person allegedly | 472 |
aggrieved may commence a mandamus action to obtain a judgment that | 473 |
orders the public office or the person responsible for the public | 474 |
record to comply with division (B) of this section, that awards | 475 |
court costs and reasonable attorney's fees to the person that | 476 |
instituted the mandamus action, and, if applicable, that includes | 477 |
an order fixing statutory damages under division (C)(1) of this | 478 |
section. The mandamus action may be commenced in the court of | 479 |
common pleas of the county in which division (B) of this section | 480 |
allegedly was not complied with, in the supreme court pursuant to | 481 |
its original jurisdiction under Section 2 of Article IV, Ohio | 482 |
Constitution, or in the court of appeals for the appellate | 483 |
district in which division (B) of this section allegedly was not | 484 |
complied with pursuant to its original jurisdiction under Section | 485 |
3 of Article IV, Ohio Constitution. | 486 |
If a requestor transmits a written request by hand delivery | 487 |
or certified mail to inspect or receive copies of any public | 488 |
record in a manner that fairly describes the public record or | 489 |
class of public records to the public office or person responsible | 490 |
for the requested public records, except as otherwise provided in | 491 |
this section, the requestor shall be entitled to recover the | 492 |
amount of statutory damages set forth in this division if a court | 493 |
determines that the public office or the person responsible for | 494 |
public records failed to comply with an obligation in accordance | 495 |
with division (B) of this section. | 496 |
The amount of statutory damages shall be fixed at one hundred | 497 |
dollars for each business day during which the public office or | 498 |
person responsible for the requested public records failed to | 499 |
comply with an obligation in accordance with division (B) of this | 500 |
section, beginning with the day on which the requester files a | 501 |
mandamus action to recover statutory damages, up to a maximum of | 502 |
one thousand dollars. The award of statutory damages shall not be | 503 |
construed as a penalty, but as compensation for injury arising | 504 |
from lost use of the requested information. The existence of this | 505 |
injury shall be conclusively presumed. The award of statutory | 506 |
damages shall be in addition to all other remedies authorized by | 507 |
this section. | 508 |
The court may reduce an award of statutory damages or not | 509 |
award statutory damages if the court determines both of the | 510 |
following: | 511 |
(a) That, based on the ordinary application of statutory law | 512 |
and case law as it existed at the time of the conduct or | 513 |
threatened conduct of the public office or person responsible for | 514 |
the requested public records that allegedly constitutes a failure | 515 |
to comply with an obligation in accordance with division (B) of | 516 |
this section and that was the basis of the mandamus action, a | 517 |
well-informed public office or person responsible for the | 518 |
requested public records reasonably would believe that the conduct | 519 |
or threatened conduct of the public office or person responsible | 520 |
for the requested public records did not constitute a failure to | 521 |
comply with an obligation in accordance with division (B) of this | 522 |
section; | 523 |
(b) That a well-informed public office or person responsible | 524 |
for the requested public records reasonably would believe that the | 525 |
conduct or threatened conduct of the public office or person | 526 |
responsible for the requested public records would serve the | 527 |
public policy that underlies the authority that is asserted as | 528 |
permitting that conduct or threatened conduct. | 529 |
(2)(a) If the court issues a writ of mandamus that orders the | 530 |
public office or the person responsible for the public record to | 531 |
comply with division (B) of this section and determines that the | 532 |
circumstances described in division (C)(1) of this section exist, | 533 |
the court shall determine and award to the relator all court | 534 |
costs. | 535 |
(b) If the court renders a judgment that orders the public | 536 |
office or the person responsible for the public record to comply | 537 |
with division (B) of this section, the court may award reasonable | 538 |
attorney's fees subject to reduction as described in division | 539 |
(C)(2)(c) of this section. The court shall award reasonable | 540 |
attorney's fees, subject to reduction as described in division | 541 |
(C)(2)(c) of this section when either of the following applies: | 542 |
(i) The public office or the person responsible for the | 543 |
public records failed to respond affirmatively or negatively to | 544 |
the public records request in accordance with the time allowed | 545 |
under division (B) of this section. | 546 |
(ii) The public office or the person responsible for the | 547 |
public records promised to permit the relator to inspect or | 548 |
receive copies of the public records requested within a specified | 549 |
period of time but failed to fulfill that promise within that | 550 |
specified period of time. | 551 |
(c) Court costs and reasonable attorney's fees awarded under | 552 |
this section shall be construed as remedial and not punitive. | 553 |
Reasonable attorney's fees shall include reasonable fees incurred | 554 |
to produce proof of the reasonableness and amount of the fees and | 555 |
to otherwise litigate entitlement to the fees. The court may | 556 |
reduce an award of attorney's fees to the relator or not award | 557 |
attorney's fees to the relator if the court determines both of the | 558 |
following: | 559 |
(i) That, based on the ordinary application of statutory law | 560 |
and case law as it existed at the time of the conduct or | 561 |
threatened conduct of the public office or person responsible for | 562 |
the requested public records that allegedly constitutes a failure | 563 |
to comply with an obligation in accordance with division (B) of | 564 |
this section and that was the basis of the mandamus action, a | 565 |
well-informed public office or person responsible for the | 566 |
requested public records reasonably would believe that the conduct | 567 |
or threatened conduct of the public office or person responsible | 568 |
for the requested public records did not constitute a failure to | 569 |
comply with an obligation in accordance with division (B) of this | 570 |
section; | 571 |
(ii) That a well-informed public office or person responsible | 572 |
for the requested public records reasonably would believe that the | 573 |
conduct or threatened conduct of the public office or person | 574 |
responsible for the requested public records as described in | 575 |
division (C)(2)(c)(i) of this section would serve the public | 576 |
policy that underlies the authority that is asserted as permitting | 577 |
that conduct or threatened conduct. | 578 |
(D) Chapter 1347. of the Revised Code does not limit the | 579 |
provisions of this section. | 580 |
(E)(1) To ensure that all employees of public offices are | 581 |
appropriately educated about a public office's obligations under | 582 |
division (B) of this section, all elected officials or their | 583 |
appropriate designees shall attend training approved by the | 584 |
attorney general as provided in section 109.43 of the Revised | 585 |
Code. In addition, all public offices shall adopt a public records | 586 |
policy in compliance with this section for responding to public | 587 |
records requests. In adopting a public records policy under this | 588 |
division, a public office may obtain guidance from the model | 589 |
public records policy developed and provided to the public office | 590 |
by the attorney general under section 109.43 of the Revised Code. | 591 |
Except as otherwise provided in this section, the policy may not | 592 |
limit the number of public records that the public office will | 593 |
make available to a single person, may not limit the number of | 594 |
public records that it will make available during a fixed period | 595 |
of time, and may not establish a fixed period of time before it | 596 |
will respond to a request for inspection or copying of public | 597 |
records, unless that period is less than eight hours. | 598 |
(2) The public office shall distribute the public records | 599 |
policy adopted by the public office under division (E)(1) of this | 600 |
section to the employee of the public office who is the records | 601 |
custodian or records manager or otherwise has custody of the | 602 |
records of that office. The public office shall require that | 603 |
employee to acknowledge receipt of the copy of the public records | 604 |
policy. The public office shall create a poster that describes its | 605 |
public records policy and shall post the poster in a conspicuous | 606 |
place in the public office and in all locations where the public | 607 |
office has branch offices. The public office may post its public | 608 |
records policy on the internet web site of the public office if | 609 |
the public office maintains an internet web site. A public office | 610 |
that has established a manual or handbook of its general policies | 611 |
and procedures for all employees of the public office shall | 612 |
include the public records policy of the public office in the | 613 |
manual or handbook. | 614 |
(F)(1) The bureau of motor vehicles may adopt rules pursuant | 615 |
to Chapter 119. of the Revised Code to reasonably limit the number | 616 |
of bulk commercial special extraction requests made by a person | 617 |
for the same records or for updated records during a calendar | 618 |
year. The rules may include provisions for charges to be made for | 619 |
bulk commercial special extraction requests for the actual cost of | 620 |
the bureau, plus special extraction costs, plus ten per cent. The | 621 |
bureau may charge for expenses for redacting information, the | 622 |
release of which is prohibited by law. | 623 |
(2) As used in division (F)(1) of this section: | 624 |
(a) "Actual cost" means the cost of depleted supplies, | 625 |
records storage media costs, actual mailing and alternative | 626 |
delivery costs, or other transmitting costs, and any direct | 627 |
equipment operating and maintenance costs, including actual costs | 628 |
paid to private contractors for copying services. | 629 |
(b) "Bulk commercial special extraction request" means a | 630 |
request for copies of a record for information in a format other | 631 |
than the format already available, or information that cannot be | 632 |
extracted without examination of all items in a records series, | 633 |
class of records, or database by a person who intends to use or | 634 |
forward the copies for surveys, marketing, solicitation, or resale | 635 |
for commercial purposes. "Bulk commercial special extraction | 636 |
request" does not include a request by a person who gives | 637 |
assurance to the bureau that the person making the request does | 638 |
not intend to use or forward the requested copies for surveys, | 639 |
marketing, solicitation, or resale for commercial purposes. | 640 |
(c) "Commercial" means profit-seeking production, buying, or | 641 |
selling of any good, service, or other product. | 642 |
(d) "Special extraction costs" means the cost of the time | 643 |
spent by the lowest paid employee competent to perform the task, | 644 |
the actual amount paid to outside private contractors employed by | 645 |
the bureau, or the actual cost incurred to create computer | 646 |
programs to make the special extraction. "Special extraction | 647 |
costs" include any charges paid to a public agency for computer or | 648 |
records services. | 649 |
(3) For purposes of divisions (F)(1) and (2) of this section, | 650 |
"surveys, marketing, solicitation, or resale for commercial | 651 |
purposes" shall be narrowly construed and does not include | 652 |
reporting or gathering news, reporting or gathering information to | 653 |
assist citizen oversight or understanding of the operation or | 654 |
activities of government, or nonprofit educational research. | 655 |
Sec. 2949.221. (A) As used in this section, "lethal | 656 |
injection" means the application of a lethal injection of drugs or | 657 |
a combination of drugs in carrying out a sentence of death. | 658 |
(B) The general assembly hereby determines and declares that | 659 |
it recognizes and finds all of the following: | 660 |
(1) To protect the identities of persons who assist the | 661 |
department of rehabilitation and correction in carrying out a | 662 |
court-ordered sentence of death by lethal injection, and to | 663 |
protect those persons from harassment and potential physical harm, | 664 |
it is necessary to keep their identities anonymous and absolutely | 665 |
confidential. | 666 |
(2) In other states that carry out death sentences by lethal | 667 |
injection, persons who provide assistance in the lethal injection | 668 |
process, and their businesses, have been subjected to actual | 669 |
threats of physical harm and to harassment, and the persons have | 670 |
been subjected to risks to personal safety. | 671 |
(3) Absent protections of confidentiality and anonymity, the | 672 |
department of rehabilitation and correction cannot obtain the | 673 |
necessary assistance of persons in carrying out a court-ordered | 674 |
sentence of death by lethal injection or the drugs needed to | 675 |
administer such a sentence. | 676 |
(4) This section and section 2949.222 of the Revised Code are | 677 |
designed to prevent and preclude foreign and domestic | 678 |
corporations, partnerships, companies, or persons from obstructing | 679 |
justice by interfering with the lawful enforcement of state court | 680 |
judgments, which enforcement is a fundamental task of any | 681 |
sovereignty, as implemented by division (A) of section 2949.22 of | 682 |
the Revised Code, by entering into contracts designed to prevent | 683 |
the department of rehabilitation and correction from obtaining the | 684 |
drugs, or combination of drugs, necessary to carry out lawful | 685 |
executions by lethal injection ordered by the courts of this | 686 |
state. | 687 |
Sec. 2949.222. (A) As used in this section: | 688 |
(1) "Person" has the same meaning as in section 1.59 of the | 689 |
Revised Code. | 690 |
(2) "Licensing authority" means an entity, board, department, | 691 |
commission, association, or agency that issues a license to a | 692 |
person or entity. | 693 |
(B) If a person manufactures, compounds, imports, transports, | 694 |
distributes, supplies, prescribes, prepares, administers, uses, or | 695 |
tests any of the compounding equipment or components, the active | 696 |
pharmaceutical ingredients, the drugs or combination of drugs, the | 697 |
medical supplies, or the medical equipment used in the application | 698 |
of a lethal injection of a drug or combination of drugs in the | 699 |
administration of a death sentence by lethal injection as provided | 700 |
for in division (A) of section 2949.22 of the Revised Code, | 701 |
notwithstanding any provision of law to the contrary, all of the | 702 |
following apply regarding any information or record that | 703 |
identifies or reasonably leads to the identification of the | 704 |
person: | 705 |
(1) The information or record shall be classified as | 706 |
confidential, is privileged under law, and is not subject to | 707 |
disclosure by any person, state agency, governmental entity, | 708 |
board, or commission or any political subdivision as a public | 709 |
record under section 149.43 of the Revised Code or otherwise. | 710 |
(2) The information or record shall not be subject to | 711 |
disclosure by or during any judicial proceeding, inquiry, or | 712 |
process, except as described in section 2949.223 of the Revised | 713 |
Code. | 714 |
(3) The information or record shall not be subject to | 715 |
discovery, subpoena, or any other means of legal compulsion for | 716 |
disclosure to any person or entity, except as described in section | 717 |
2949.223 of the Revised Code. | 718 |
(C)(1) If an employee or former employee of the department of | 719 |
rehabilitation and correction or any other individual selected or | 720 |
designated by the director of the department participates or | 721 |
participated in the administration of a sentence of death by | 722 |
lethal injection, as provided for in division (A) of section | 723 |
2949.22 of the Revised Code, subject to division (C)(2) of this | 724 |
section and notwithstanding any other provision of law to the | 725 |
contrary, the protections and limitations specified in divisions | 726 |
(B)(1), (2), and (3) of this section shall apply regarding any | 727 |
information or record that identifies or reasonably leads to the | 728 |
identification of the employee, former employee, or other | 729 |
individual described in this division. | 730 |
(2) Division (C)(1) of this section does not apply with | 731 |
respect to information or a record that identifies or reasonably | 732 |
leads to the identification of the director of rehabilitation and | 733 |
correction or the warden of the state correctional institution in | 734 |
which the administration of the sentence of death takes place. | 735 |
(D) The protections and limitations specified in divisions | 736 |
(B)(1), (2), and (3) of this section regarding information and | 737 |
records that identify or may reasonably lead to the identification | 738 |
of a person described in divisions (B) or (C) of this section are | 739 |
rights that shall be recognized as follows: | 740 |
(1) With respect to a person that is an individual, without | 741 |
any requirement for the person to take any action or specifically | 742 |
apply for recognition of such rights. | 743 |
(2) With respect to a person that is not an individual, the | 744 |
rights do not exist unless the person requests to have the rights | 745 |
recognized by applying to the director of rehabilitation and | 746 |
correction. | 747 |
The director of rehabilitation and correction by rule shall | 748 |
establish the procedure according to which a person who is not an | 749 |
individual may apply in writing for the rights described in | 750 |
divisions (B)(1), (2), and (3) of this section. The director shall | 751 |
approve an application that is submitted in compliance with the | 752 |
rules. A person whose application is approved is entitled to the | 753 |
rights for twenty years after the person ceases the qualifying | 754 |
activity as contemplated by the first paragraph of division (B) of | 755 |
this section. The director shall notify any person, who is not an | 756 |
individual and who is entitled to the rights, of the application | 757 |
procedures. | 758 |
(E) If a person or entity that participates in, consults | 759 |
regarding, performs any function with respect to, including any | 760 |
activity described in division (B) of this section, or provides | 761 |
any expert opinion testimony regarding an execution by lethal | 762 |
injection conducted in accordance with division (A) of section | 763 |
2949.22 of the Revised Code is licensed by a licensing authority, | 764 |
notwithstanding any provision of law to the contrary, the | 765 |
licensing authority shall not do any of the following as a result | 766 |
of that participation, consultation, performance, activity, or | 767 |
testimony by the person or entity: | 768 |
(1) Challenge, reprimand, suspend, or revoke the person's or | 769 |
entity's license; | 770 |
(2) Take any disciplinary action against the person or entity | 771 |
or the person's or entity's licensure. | 772 |
(F) A person may not, without the approval of the director of | 773 |
rehabilitation and correction, knowingly disclose the identity of | 774 |
any person to whom division (B) of this section applies or of an | 775 |
employee, former employee, or other individual to whom division | 776 |
(C)(1) of this section applies. Any person, employee, former | 777 |
employee, or individual whose identity is disclosed in violation | 778 |
of this division has a civil cause of action against any person | 779 |
who discloses the identity in violation of this division. In a | 780 |
civil action brought under this division, the plaintiff is | 781 |
entitled to recover from the defendant actual damages, punitive or | 782 |
exemplary damages upon a showing of a willful violation of this | 783 |
division, and reasonable attorney's fees and court costs. | 784 |
(G) Notwithstanding any provision of law to the contrary, any | 785 |
contract, subcontract, agreement, addendum, or understanding, or | 786 |
any portion of any such document or understanding, that does | 787 |
either of the following is void and unenforceable as against | 788 |
public policy, as a matter of law, and shall not be recognized or | 789 |
enforced by any court against any entity, including, but not | 790 |
limited to, the state, state agency, governmental entity, or | 791 |
political subdivision that is a party to the document, | 792 |
understanding, or portion, any private corporation, or any person: | 793 |
(1) Any such document, understanding, or portion that | 794 |
prohibits the sale, distribution, or transfer of any drug or | 795 |
combination of drugs to the state or to a state agency, | 796 |
governmental entity, or political subdivision for use in the | 797 |
administration of a death sentence by lethal injection as provided | 798 |
for in division (A) of section 2949.22 of the Revised Code; | 799 |
(2) Any such document, understanding, or portion that is | 800 |
designed to prevent the state or a state agency, governmental | 801 |
entity, or political subdivision from obtaining any drug or | 802 |
combination of drugs for a use described in division (G)(1) of | 803 |
this section. | 804 |
Sec. 2949.223. (A) As used in this section, "seal a record" | 805 |
means to remove a record from the main file of similar records and | 806 |
to secure it in a separate file that contains only sealed records | 807 |
accessible only to the court. | 808 |
(B) The court promptly shall order the immediate sealing of | 809 |
records pertaining to information that identifies or may | 810 |
reasonably lead to the identification of a person described in | 811 |
division (B) or (C) of section 2949.222 of the Revised Code | 812 |
whenever the records come into the court's possession. | 813 |
(C) If a record containing information that identifies or may | 814 |
reasonably lead to the identification of a person described in | 815 |
division (B) or (C) of section 2949.222 of the Revised Code is | 816 |
subpoenaed or requested by a court order, the director of | 817 |
rehabilitation and correction shall provide the record. If the | 818 |
court determines that the record is necessary for just | 819 |
adjudication, the court shall order the director to appear at a | 820 |
private hearing with a copy of the record and any other relevant | 821 |
evidence. The information is not otherwise subject to disclosure | 822 |
unless the court, through clear and convincing evidence presented | 823 |
in the private hearing, finds that the person whose identity is | 824 |
protected appears to have acted unlawfully with respect to the | 825 |
person's involvement in the administration of a lethal injection | 826 |
as contemplated by the first paragraph of division (B) and by | 827 |
division (C)(1) of section 2949.222 of the Revised Code. | 828 |
Section 2. That existing section 149.43 of the Revised Code | 829 |
is hereby repealed. | 830 |
Section 3. That the version of section 149.43 of the Revised | 831 |
Code that is scheduled to take effect on March 20, 2015, be | 832 |
amended to read as follows: | 833 |
Sec. 149.43. (A) As used in this section: | 834 |
(1) "Public record" means records kept by any public office, | 835 |
including, but not limited to, state, county, city, village, | 836 |
township, and school district units, and records pertaining to the | 837 |
delivery of educational services by an alternative school in this | 838 |
state kept by the nonprofit or for-profit entity operating the | 839 |
alternative school pursuant to section 3313.533 of the Revised | 840 |
Code. "Public record" does not mean any of the following: | 841 |
(a) Medical records; | 842 |
(b) Records pertaining to probation and parole proceedings or | 843 |
to proceedings related to the imposition of community control | 844 |
sanctions and post-release control sanctions; | 845 |
(c) Records pertaining to actions under section 2151.85 and | 846 |
division (C) of section 2919.121 of the Revised Code and to | 847 |
appeals of actions arising under those sections; | 848 |
(d) Records pertaining to adoption proceedings, including the | 849 |
contents of an adoption file maintained by the department of | 850 |
health under sections 3705.12 to 3705.124 of the Revised Code; | 851 |
(e) Information in a record contained in the putative father | 852 |
registry established by section 3107.062 of the Revised Code, | 853 |
regardless of whether the information is held by the department of | 854 |
job and family services or, pursuant to section 3111.69 of the | 855 |
Revised Code, the office of child support in the department or a | 856 |
child support enforcement agency; | 857 |
(f) Records specified in division (A) of section 3107.52 of | 858 |
the Revised Code; | 859 |
(g) Trial preparation records; | 860 |
(h) Confidential law enforcement investigatory records; | 861 |
(i) Records containing information that is confidential under | 862 |
section 2710.03 or 4112.05 of the Revised Code; | 863 |
(j) DNA records stored in the DNA database pursuant to | 864 |
section 109.573 of the Revised Code; | 865 |
(k) Inmate records released by the department of | 866 |
rehabilitation and correction to the department of youth services | 867 |
or a court of record pursuant to division (E) of section 5120.21 | 868 |
of the Revised Code; | 869 |
(l) Records maintained by the department of youth services | 870 |
pertaining to children in its custody released by the department | 871 |
of youth services to the department of rehabilitation and | 872 |
correction pursuant to section 5139.05 of the Revised Code; | 873 |
(m) Intellectual property records; | 874 |
(n) Donor profile records; | 875 |
(o) Records maintained by the department of job and family | 876 |
services pursuant to section 3121.894 of the Revised Code; | 877 |
(p) Peace officer, parole officer, probation officer, | 878 |
bailiff, prosecuting attorney, assistant prosecuting attorney, | 879 |
correctional employee, community-based correctional facility | 880 |
employee, youth services employee, firefighter, EMT, or | 881 |
investigator of the bureau of criminal identification and | 882 |
investigation residential and familial information; | 883 |
(q) In the case of a county hospital operated pursuant to | 884 |
Chapter 339. of the Revised Code or a municipal hospital operated | 885 |
pursuant to Chapter 749. of the Revised Code, information that | 886 |
constitutes a trade secret, as defined in section 1333.61 of the | 887 |
Revised Code; | 888 |
(r) Information pertaining to the recreational activities of | 889 |
a person under the age of eighteen; | 890 |
(s) Records provided to, statements made by review board | 891 |
members during meetings of, and all work products of a child | 892 |
fatality review board acting under sections 307.621 to 307.629 of | 893 |
the Revised Code, and child fatality review data submitted by the | 894 |
child fatality review board to the department of health or a | 895 |
national child death review database, other than the report | 896 |
prepared pursuant to division (A) of section 307.626 of the | 897 |
Revised Code; | 898 |
(t) Records provided to and statements made by the executive | 899 |
director of a public children services agency or a prosecuting | 900 |
attorney acting pursuant to section 5153.171 of the Revised Code | 901 |
other than the information released under that section; | 902 |
(u) Test materials, examinations, or evaluation tools used in | 903 |
an examination for licensure as a nursing home administrator that | 904 |
the board of executives of long-term services and supports | 905 |
administers under section 4751.04 of the Revised Code or contracts | 906 |
under that section with a private or government entity to | 907 |
administer; | 908 |
(v) Records the release of which is prohibited by state or | 909 |
federal law; | 910 |
(w) Proprietary information of or relating to any person that | 911 |
is submitted to or compiled by the Ohio venture capital authority | 912 |
created under section 150.01 of the Revised Code; | 913 |
(x) Financial statements and data any person submits for any | 914 |
purpose to the Ohio housing finance agency or the controlling | 915 |
board in connection with applying for, receiving, or accounting | 916 |
for financial assistance from the agency, and information that | 917 |
identifies any individual who benefits directly or indirectly from | 918 |
financial assistance from the agency; | 919 |
(y) Records listed in section 5101.29 of the Revised Code; | 920 |
(z) Discharges recorded with a county recorder under section | 921 |
317.24 of the Revised Code, as specified in division (B)(2) of | 922 |
that section; | 923 |
(aa) Usage information including names and addresses of | 924 |
specific residential and commercial customers of a municipally | 925 |
owned or operated public utility; | 926 |
(bb) Records described in division (C) of section 187.04 of | 927 |
the Revised Code that are not designated to be made available to | 928 |
the public as provided in that division; | 929 |
(cc) Information and records that are made confidential, | 930 |
privileged, and not subject to disclosure under divisions (B) and | 931 |
(C) of section 2949.222 of the Revised Code. | 932 |
(2) "Confidential law enforcement investigatory record" means | 933 |
any record that pertains to a law enforcement matter of a | 934 |
criminal, quasi-criminal, civil, or administrative nature, but | 935 |
only to the extent that the release of the record would create a | 936 |
high probability of disclosure of any of the following: | 937 |
(a) The identity of a suspect who has not been charged with | 938 |
the offense to which the record pertains, or of an information | 939 |
source or witness to whom confidentiality has been reasonably | 940 |
promised; | 941 |
(b) Information provided by an information source or witness | 942 |
to whom confidentiality has been reasonably promised, which | 943 |
information would reasonably tend to disclose the source's or | 944 |
witness's identity; | 945 |
(c) Specific confidential investigatory techniques or | 946 |
procedures or specific investigatory work product; | 947 |
(d) Information that would endanger the life or physical | 948 |
safety of law enforcement personnel, a crime victim, a witness, or | 949 |
a confidential information source. | 950 |
(3) "Medical record" means any document or combination of | 951 |
documents, except births, deaths, and the fact of admission to or | 952 |
discharge from a hospital, that pertains to the medical history, | 953 |
diagnosis, prognosis, or medical condition of a patient and that | 954 |
is generated and maintained in the process of medical treatment. | 955 |
(4) "Trial preparation record" means any record that contains | 956 |
information that is specifically compiled in reasonable | 957 |
anticipation of, or in defense of, a civil or criminal action or | 958 |
proceeding, including the independent thought processes and | 959 |
personal trial preparation of an attorney. | 960 |
(5) "Intellectual property record" means a record, other than | 961 |
a financial or administrative record, that is produced or | 962 |
collected by or for faculty or staff of a state institution of | 963 |
higher learning in the conduct of or as a result of study or | 964 |
research on an educational, commercial, scientific, artistic, | 965 |
technical, or scholarly issue, regardless of whether the study or | 966 |
research was sponsored by the institution alone or in conjunction | 967 |
with a governmental body or private concern, and that has not been | 968 |
publicly released, published, or patented. | 969 |
(6) "Donor profile record" means all records about donors or | 970 |
potential donors to a public institution of higher education | 971 |
except the names and reported addresses of the actual donors and | 972 |
the date, amount, and conditions of the actual donation. | 973 |
(7) "Peace officer, parole officer, probation officer, | 974 |
bailiff, prosecuting attorney, assistant prosecuting attorney, | 975 |
correctional employee, community-based correctional facility | 976 |
employee, youth services employee, firefighter, EMT, or | 977 |
investigator of the bureau of criminal identification and | 978 |
investigation residential and familial information" means any | 979 |
information that discloses any of the following about a peace | 980 |
officer, parole officer, probation officer, bailiff, prosecuting | 981 |
attorney, assistant prosecuting attorney, correctional employee, | 982 |
community-based correctional facility employee, youth services | 983 |
employee, firefighter, EMT, or investigator of the bureau of | 984 |
criminal identification and investigation: | 985 |
(a) The address of the actual personal residence of a peace | 986 |
officer, parole officer, probation officer, bailiff, assistant | 987 |
prosecuting attorney, correctional employee, community-based | 988 |
correctional facility employee, youth services employee, | 989 |
firefighter, EMT, or an investigator of the bureau of criminal | 990 |
identification and investigation, except for the state or | 991 |
political subdivision in which the peace officer, parole officer, | 992 |
probation officer, bailiff, assistant prosecuting attorney, | 993 |
correctional employee, community-based correctional facility | 994 |
employee, youth services employee, firefighter, EMT, or | 995 |
investigator of the bureau of criminal identification and | 996 |
investigation resides; | 997 |
(b) Information compiled from referral to or participation in | 998 |
an employee assistance program; | 999 |
(c) The social security number, the residential telephone | 1000 |
number, any bank account, debit card, charge card, or credit card | 1001 |
number, or the emergency telephone number of, or any medical | 1002 |
information pertaining to, a peace officer, parole officer, | 1003 |
probation officer, bailiff, prosecuting attorney, assistant | 1004 |
prosecuting attorney, correctional employee, community-based | 1005 |
correctional facility employee, youth services employee, | 1006 |
firefighter, EMT, or investigator of the bureau of criminal | 1007 |
identification and investigation; | 1008 |
(d) The name of any beneficiary of employment benefits, | 1009 |
including, but not limited to, life insurance benefits, provided | 1010 |
to a peace officer, parole officer, probation officer, bailiff, | 1011 |
prosecuting attorney, assistant prosecuting attorney, correctional | 1012 |
employee, community-based correctional facility employee, youth | 1013 |
services employee, firefighter, EMT, or investigator of the bureau | 1014 |
of criminal identification and investigation by the peace | 1015 |
officer's, parole officer's, probation officer's, bailiff's, | 1016 |
prosecuting attorney's, assistant prosecuting attorney's, | 1017 |
correctional employee's, community-based correctional facility | 1018 |
employee's, youth services employee's, firefighter's, EMT's, or | 1019 |
investigator of the bureau of criminal identification and | 1020 |
investigation's employer; | 1021 |
(e) The identity and amount of any charitable or employment | 1022 |
benefit deduction made by the peace officer's, parole officer's, | 1023 |
probation officer's, bailiff's, prosecuting attorney's, assistant | 1024 |
prosecuting attorney's, correctional employee's, community-based | 1025 |
correctional facility employee's, youth services employee's, | 1026 |
firefighter's, EMT's, or investigator of the bureau of criminal | 1027 |
identification and investigation's employer from the peace | 1028 |
officer's, parole officer's, probation officer's, bailiff's, | 1029 |
prosecuting attorney's, assistant prosecuting attorney's, | 1030 |
correctional employee's, community-based correctional facility | 1031 |
employee's, youth services employee's, firefighter's, EMT's, or | 1032 |
investigator of the bureau of criminal identification and | 1033 |
investigation's compensation unless the amount of the deduction is | 1034 |
required by state or federal law; | 1035 |
(f) The name, the residential address, the name of the | 1036 |
employer, the address of the employer, the social security number, | 1037 |
the residential telephone number, any bank account, debit card, | 1038 |
charge card, or credit card number, or the emergency telephone | 1039 |
number of the spouse, a former spouse, or any child of a peace | 1040 |
officer, parole officer, probation officer, bailiff, prosecuting | 1041 |
attorney, assistant prosecuting attorney, correctional employee, | 1042 |
community-based correctional facility employee, youth services | 1043 |
employee, firefighter, EMT, or investigator of the bureau of | 1044 |
criminal identification and investigation; | 1045 |
(g) A photograph of a peace officer who holds a position or | 1046 |
has an assignment that may include undercover or plain clothes | 1047 |
positions or assignments as determined by the peace officer's | 1048 |
appointing authority. | 1049 |
As used in divisions (A)(7) and (B)(9) of this section, | 1050 |
"peace officer" has the same meaning as in section 109.71 of the | 1051 |
Revised Code and also includes the superintendent and troopers of | 1052 |
the state highway patrol; it does not include the sheriff of a | 1053 |
county or a supervisory employee who, in the absence of the | 1054 |
sheriff, is authorized to stand in for, exercise the authority of, | 1055 |
and perform the duties of the sheriff. | 1056 |
As used in divisions (A)(7) and (B)(9) of this section, | 1057 |
"correctional employee" means any employee of the department of | 1058 |
rehabilitation and correction who in the course of performing the | 1059 |
employee's job duties has or has had contact with inmates and | 1060 |
persons under supervision. | 1061 |
As used in divisions (A)(7) and (B)(9) of this section, | 1062 |
"youth services employee" means any employee of the department of | 1063 |
youth services who in the course of performing the employee's job | 1064 |
duties has or has had contact with children committed to the | 1065 |
custody of the department of youth services. | 1066 |
As used in divisions (A)(7) and (B)(9) of this section, | 1067 |
"firefighter" means any regular, paid or volunteer, member of a | 1068 |
lawfully constituted fire department of a municipal corporation, | 1069 |
township, fire district, or village. | 1070 |
As used in divisions (A)(7) and (B)(9) of this section, "EMT" | 1071 |
means EMTs-basic, EMTs-I, and paramedics that provide emergency | 1072 |
medical services for a public emergency medical service | 1073 |
organization. "Emergency medical service organization," | 1074 |
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in | 1075 |
section 4765.01 of the Revised Code. | 1076 |
As used in divisions (A)(7) and (B)(9) of this section, | 1077 |
"investigator of the bureau of criminal identification and | 1078 |
investigation" has the meaning defined in section 2903.11 of the | 1079 |
Revised Code. | 1080 |
(8) "Information pertaining to the recreational activities of | 1081 |
a person under the age of eighteen" means information that is kept | 1082 |
in the ordinary course of business by a public office, that | 1083 |
pertains to the recreational activities of a person under the age | 1084 |
of eighteen years, and that discloses any of the following: | 1085 |
(a) The address or telephone number of a person under the age | 1086 |
of eighteen or the address or telephone number of that person's | 1087 |
parent, guardian, custodian, or emergency contact person; | 1088 |
(b) The social security number, birth date, or photographic | 1089 |
image of a person under the age of eighteen; | 1090 |
(c) Any medical record, history, or information pertaining to | 1091 |
a person under the age of eighteen; | 1092 |
(d) Any additional information sought or required about a | 1093 |
person under the age of eighteen for the purpose of allowing that | 1094 |
person to participate in any recreational activity conducted or | 1095 |
sponsored by a public office or to use or obtain admission | 1096 |
privileges to any recreational facility owned or operated by a | 1097 |
public office. | 1098 |
(9) "Community control sanction" has the same meaning as in | 1099 |
section 2929.01 of the Revised Code. | 1100 |
(10) "Post-release control sanction" has the same meaning as | 1101 |
in section 2967.01 of the Revised Code. | 1102 |
(11) "Redaction" means obscuring or deleting any information | 1103 |
that is exempt from the duty to permit public inspection or | 1104 |
copying from an item that otherwise meets the definition of a | 1105 |
"record" in section 149.011 of the Revised Code. | 1106 |
(12) "Designee" and "elected official" have the same meanings | 1107 |
as in section 109.43 of the Revised Code. | 1108 |
(B)(1) Upon request and subject to division (B)(8) of this | 1109 |
section, all public records responsive to the request shall be | 1110 |
promptly prepared and made available for inspection to any person | 1111 |
at all reasonable times during regular business hours. Subject to | 1112 |
division (B)(8) of this section, upon request, a public office or | 1113 |
person responsible for public records shall make copies of the | 1114 |
requested public record available at cost and within a reasonable | 1115 |
period of time. If a public record contains information that is | 1116 |
exempt from the duty to permit public inspection or to copy the | 1117 |
public record, the public office or the person responsible for the | 1118 |
public record shall make available all of the information within | 1119 |
the public record that is not exempt. When making that public | 1120 |
record available for public inspection or copying that public | 1121 |
record, the public office or the person responsible for the public | 1122 |
record shall notify the requester of any redaction or make the | 1123 |
redaction plainly visible. A redaction shall be deemed a denial of | 1124 |
a request to inspect or copy the redacted information, except if | 1125 |
federal or state law authorizes or requires a public office to | 1126 |
make the redaction. | 1127 |
(2) To facilitate broader access to public records, a public | 1128 |
office or the person responsible for public records shall organize | 1129 |
and maintain public records in a manner that they can be made | 1130 |
available for inspection or copying in accordance with division | 1131 |
(B) of this section. A public office also shall have available a | 1132 |
copy of its current records retention schedule at a location | 1133 |
readily available to the public. If a requester makes an ambiguous | 1134 |
or overly broad request or has difficulty in making a request for | 1135 |
copies or inspection of public records under this section such | 1136 |
that the public office or the person responsible for the requested | 1137 |
public record cannot reasonably identify what public records are | 1138 |
being requested, the public office or the person responsible for | 1139 |
the requested public record may deny the request but shall provide | 1140 |
the requester with an opportunity to revise the request by | 1141 |
informing the requester of the manner in which records are | 1142 |
maintained by the public office and accessed in the ordinary | 1143 |
course of the public office's or person's duties. | 1144 |
(3) If a request is ultimately denied, in part or in whole, | 1145 |
the public office or the person responsible for the requested | 1146 |
public record shall provide the requester with an explanation, | 1147 |
including legal authority, setting forth why the request was | 1148 |
denied. If the initial request was provided in writing, the | 1149 |
explanation also shall be provided to the requester in writing. | 1150 |
The explanation shall not preclude the public office or the person | 1151 |
responsible for the requested public record from relying upon | 1152 |
additional reasons or legal authority in defending an action | 1153 |
commenced under division (C) of this section. | 1154 |
(4) Unless specifically required or authorized by state or | 1155 |
federal law or in accordance with division (B) of this section, no | 1156 |
public office or person responsible for public records may limit | 1157 |
or condition the availability of public records by requiring | 1158 |
disclosure of the requester's identity or the intended use of the | 1159 |
requested public record. Any requirement that the requester | 1160 |
disclose the requestor's identity or the intended use of the | 1161 |
requested public record constitutes a denial of the request. | 1162 |
(5) A public office or person responsible for public records | 1163 |
may ask a requester to make the request in writing, may ask for | 1164 |
the requester's identity, and may inquire about the intended use | 1165 |
of the information requested, but may do so only after disclosing | 1166 |
to the requester that a written request is not mandatory and that | 1167 |
the requester may decline to reveal the requester's identity or | 1168 |
the intended use and when a written request or disclosure of the | 1169 |
identity or intended use would benefit the requester by enhancing | 1170 |
the ability of the public office or person responsible for public | 1171 |
records to identify, locate, or deliver the public records sought | 1172 |
by the requester. | 1173 |
(6) If any person chooses to obtain a copy of a public record | 1174 |
in accordance with division (B) of this section, the public office | 1175 |
or person responsible for the public record may require that | 1176 |
person to pay in advance the cost involved in providing the copy | 1177 |
of the public record in accordance with the choice made by the | 1178 |
person seeking the copy under this division. The public office or | 1179 |
the person responsible for the public record shall permit that | 1180 |
person to choose to have the public record duplicated upon paper, | 1181 |
upon the same medium upon which the public office or person | 1182 |
responsible for the public record keeps it, or upon any other | 1183 |
medium upon which the public office or person responsible for the | 1184 |
public record determines that it reasonably can be duplicated as | 1185 |
an integral part of the normal operations of the public office or | 1186 |
person responsible for the public record. When the person seeking | 1187 |
the copy makes a choice under this division, the public office or | 1188 |
person responsible for the public record shall provide a copy of | 1189 |
it in accordance with the choice made by the person seeking the | 1190 |
copy. Nothing in this section requires a public office or person | 1191 |
responsible for the public record to allow the person seeking a | 1192 |
copy of the public record to make the copies of the public record. | 1193 |
(7) Upon a request made in accordance with division (B) of | 1194 |
this section and subject to division (B)(6) of this section, a | 1195 |
public office or person responsible for public records shall | 1196 |
transmit a copy of a public record to any person by United States | 1197 |
mail or by any other means of delivery or transmission within a | 1198 |
reasonable period of time after receiving the request for the | 1199 |
copy. The public office or person responsible for the public | 1200 |
record may require the person making the request to pay in advance | 1201 |
the cost of postage if the copy is transmitted by United States | 1202 |
mail or the cost of delivery if the copy is transmitted other than | 1203 |
by United States mail, and to pay in advance the costs incurred | 1204 |
for other supplies used in the mailing, delivery, or transmission. | 1205 |
Any public office may adopt a policy and procedures that it | 1206 |
will follow in transmitting, within a reasonable period of time | 1207 |
after receiving a request, copies of public records by United | 1208 |
States mail or by any other means of delivery or transmission | 1209 |
pursuant to this division. A public office that adopts a policy | 1210 |
and procedures under this division shall comply with them in | 1211 |
performing its duties under this division. | 1212 |
In any policy and procedures adopted under this division, a | 1213 |
public office may limit the number of records requested by a | 1214 |
person that the office will transmit by United States mail to ten | 1215 |
per month, unless the person certifies to the office in writing | 1216 |
that the person does not intend to use or forward the requested | 1217 |
records, or the information contained in them, for commercial | 1218 |
purposes. For purposes of this division, "commercial" shall be | 1219 |
narrowly construed and does not include reporting or gathering | 1220 |
news, reporting or gathering information to assist citizen | 1221 |
oversight or understanding of the operation or activities of | 1222 |
government, or nonprofit educational research. | 1223 |
(8) A public office or person responsible for public records | 1224 |
is not required to permit a person who is incarcerated pursuant to | 1225 |
a criminal conviction or a juvenile adjudication to inspect or to | 1226 |
obtain a copy of any public record concerning a criminal | 1227 |
investigation or prosecution or concerning what would be a | 1228 |
criminal investigation or prosecution if the subject of the | 1229 |
investigation or prosecution were an adult, unless the request to | 1230 |
inspect or to obtain a copy of the record is for the purpose of | 1231 |
acquiring information that is subject to release as a public | 1232 |
record under this section and the judge who imposed the sentence | 1233 |
or made the adjudication with respect to the person, or the | 1234 |
judge's successor in office, finds that the information sought in | 1235 |
the public record is necessary to support what appears to be a | 1236 |
justiciable claim of the person. | 1237 |
(9)(a) Upon written request made and signed by a journalist | 1238 |
on or after December 16, 1999, a public office, or person | 1239 |
responsible for public records, having custody of the records of | 1240 |
the agency employing a specified peace officer, parole officer, | 1241 |
probation officer, bailiff, prosecuting attorney, assistant | 1242 |
prosecuting attorney, correctional employee, community-based | 1243 |
correctional facility employee, youth services employee, | 1244 |
firefighter, EMT, or investigator of the bureau of criminal | 1245 |
identification and investigation shall disclose to the journalist | 1246 |
the address of the actual personal residence of the peace officer, | 1247 |
parole officer, probation officer, bailiff, prosecuting attorney, | 1248 |
assistant prosecuting attorney, correctional employee, | 1249 |
community-based correctional facility employee, youth services | 1250 |
employee, firefighter, EMT, or investigator of the bureau of | 1251 |
criminal identification and investigation and, if the peace | 1252 |
officer's, parole officer's, probation officer's, bailiff's, | 1253 |
prosecuting attorney's, assistant prosecuting attorney's, | 1254 |
correctional employee's, community-based correctional facility | 1255 |
employee's, youth services employee's, firefighter's, EMT's, or | 1256 |
investigator of the bureau of criminal identification and | 1257 |
investigation's spouse, former spouse, or child is employed by a | 1258 |
public office, the name and address of the employer of the peace | 1259 |
officer's, parole officer's, probation officer's, bailiff's, | 1260 |
prosecuting attorney's, assistant prosecuting attorney's, | 1261 |
correctional employee's, community-based correctional facility | 1262 |
employee's, youth services employee's, firefighter's, EMT's, or | 1263 |
investigator of the bureau of criminal identification and | 1264 |
investigation's spouse, former spouse, or child. The request shall | 1265 |
include the journalist's name and title and the name and address | 1266 |
of the journalist's employer and shall state that disclosure of | 1267 |
the information sought would be in the public interest. | 1268 |
(b) Division (B)(9)(a) of this section also applies to | 1269 |
journalist requests for customer information maintained by a | 1270 |
municipally owned or operated public utility, other than social | 1271 |
security numbers and any private financial information such as | 1272 |
credit reports, payment methods, credit card numbers, and bank | 1273 |
account information. | 1274 |
(c) As used in division (B)(9) of this section, "journalist" | 1275 |
means a person engaged in, connected with, or employed by any news | 1276 |
medium, including a newspaper, magazine, press association, news | 1277 |
agency, or wire service, a radio or television station, or a | 1278 |
similar medium, for the purpose of gathering, processing, | 1279 |
transmitting, compiling, editing, or disseminating information for | 1280 |
the general public. | 1281 |
(C)(1) If a person allegedly is aggrieved by the failure of a | 1282 |
public office or the person responsible for public records to | 1283 |
promptly prepare a public record and to make it available to the | 1284 |
person for inspection in accordance with division (B) of this | 1285 |
section or by any other failure of a public office or the person | 1286 |
responsible for public records to comply with an obligation in | 1287 |
accordance with division (B) of this section, the person allegedly | 1288 |
aggrieved may commence a mandamus action to obtain a judgment that | 1289 |
orders the public office or the person responsible for the public | 1290 |
record to comply with division (B) of this section, that awards | 1291 |
court costs and reasonable attorney's fees to the person that | 1292 |
instituted the mandamus action, and, if applicable, that includes | 1293 |
an order fixing statutory damages under division (C)(1) of this | 1294 |
section. The mandamus action may be commenced in the court of | 1295 |
common pleas of the county in which division (B) of this section | 1296 |
allegedly was not complied with, in the supreme court pursuant to | 1297 |
its original jurisdiction under Section 2 of Article IV, Ohio | 1298 |
Constitution, or in the court of appeals for the appellate | 1299 |
district in which division (B) of this section allegedly was not | 1300 |
complied with pursuant to its original jurisdiction under Section | 1301 |
3 of Article IV, Ohio Constitution. | 1302 |
If a requestor transmits a written request by hand delivery | 1303 |
or certified mail to inspect or receive copies of any public | 1304 |
record in a manner that fairly describes the public record or | 1305 |
class of public records to the public office or person responsible | 1306 |
for the requested public records, except as otherwise provided in | 1307 |
this section, the requestor shall be entitled to recover the | 1308 |
amount of statutory damages set forth in this division if a court | 1309 |
determines that the public office or the person responsible for | 1310 |
public records failed to comply with an obligation in accordance | 1311 |
with division (B) of this section. | 1312 |
The amount of statutory damages shall be fixed at one hundred | 1313 |
dollars for each business day during which the public office or | 1314 |
person responsible for the requested public records failed to | 1315 |
comply with an obligation in accordance with division (B) of this | 1316 |
section, beginning with the day on which the requester files a | 1317 |
mandamus action to recover statutory damages, up to a maximum of | 1318 |
one thousand dollars. The award of statutory damages shall not be | 1319 |
construed as a penalty, but as compensation for injury arising | 1320 |
from lost use of the requested information. The existence of this | 1321 |
injury shall be conclusively presumed. The award of statutory | 1322 |
damages shall be in addition to all other remedies authorized by | 1323 |
this section. | 1324 |
The court may reduce an award of statutory damages or not | 1325 |
award statutory damages if the court determines both of the | 1326 |
following: | 1327 |
(a) That, based on the ordinary application of statutory law | 1328 |
and case law as it existed at the time of the conduct or | 1329 |
threatened conduct of the public office or person responsible for | 1330 |
the requested public records that allegedly constitutes a failure | 1331 |
to comply with an obligation in accordance with division (B) of | 1332 |
this section and that was the basis of the mandamus action, a | 1333 |
well-informed public office or person responsible for the | 1334 |
requested public records reasonably would believe that the conduct | 1335 |
or threatened conduct of the public office or person responsible | 1336 |
for the requested public records did not constitute a failure to | 1337 |
comply with an obligation in accordance with division (B) of this | 1338 |
section; | 1339 |
(b) That a well-informed public office or person responsible | 1340 |
for the requested public records reasonably would believe that the | 1341 |
conduct or threatened conduct of the public office or person | 1342 |
responsible for the requested public records would serve the | 1343 |
public policy that underlies the authority that is asserted as | 1344 |
permitting that conduct or threatened conduct. | 1345 |
(2)(a) If the court issues a writ of mandamus that orders the | 1346 |
public office or the person responsible for the public record to | 1347 |
comply with division (B) of this section and determines that the | 1348 |
circumstances described in division (C)(1) of this section exist, | 1349 |
the court shall determine and award to the relator all court | 1350 |
costs. | 1351 |
(b) If the court renders a judgment that orders the public | 1352 |
office or the person responsible for the public record to comply | 1353 |
with division (B) of this section, the court may award reasonable | 1354 |
attorney's fees subject to reduction as described in division | 1355 |
(C)(2)(c) of this section. The court shall award reasonable | 1356 |
attorney's fees, subject to reduction as described in division | 1357 |
(C)(2)(c) of this section when either of the following applies: | 1358 |
(i) The public office or the person responsible for the | 1359 |
public records failed to respond affirmatively or negatively to | 1360 |
the public records request in accordance with the time allowed | 1361 |
under division (B) of this section. | 1362 |
(ii) The public office or the person responsible for the | 1363 |
public records promised to permit the relator to inspect or | 1364 |
receive copies of the public records requested within a specified | 1365 |
period of time but failed to fulfill that promise within that | 1366 |
specified period of time. | 1367 |
(c) Court costs and reasonable attorney's fees awarded under | 1368 |
this section shall be construed as remedial and not punitive. | 1369 |
Reasonable attorney's fees shall include reasonable fees incurred | 1370 |
to produce proof of the reasonableness and amount of the fees and | 1371 |
to otherwise litigate entitlement to the fees. The court may | 1372 |
reduce an award of attorney's fees to the relator or not award | 1373 |
attorney's fees to the relator if the court determines both of the | 1374 |
following: | 1375 |
(i) That, based on the ordinary application of statutory law | 1376 |
and case law as it existed at the time of the conduct or | 1377 |
threatened conduct of the public office or person responsible for | 1378 |
the requested public records that allegedly constitutes a failure | 1379 |
to comply with an obligation in accordance with division (B) of | 1380 |
this section and that was the basis of the mandamus action, a | 1381 |
well-informed public office or person responsible for the | 1382 |
requested public records reasonably would believe that the conduct | 1383 |
or threatened conduct of the public office or person responsible | 1384 |
for the requested public records did not constitute a failure to | 1385 |
comply with an obligation in accordance with division (B) of this | 1386 |
section; | 1387 |
(ii) That a well-informed public office or person responsible | 1388 |
for the requested public records reasonably would believe that the | 1389 |
conduct or threatened conduct of the public office or person | 1390 |
responsible for the requested public records as described in | 1391 |
division (C)(2)(c)(i) of this section would serve the public | 1392 |
policy that underlies the authority that is asserted as permitting | 1393 |
that conduct or threatened conduct. | 1394 |
(D) Chapter 1347. of the Revised Code does not limit the | 1395 |
provisions of this section. | 1396 |
(E)(1) To ensure that all employees of public offices are | 1397 |
appropriately educated about a public office's obligations under | 1398 |
division (B) of this section, all elected officials or their | 1399 |
appropriate designees shall attend training approved by the | 1400 |
attorney general as provided in section 109.43 of the Revised | 1401 |
Code. In addition, all public offices shall adopt a public records | 1402 |
policy in compliance with this section for responding to public | 1403 |
records requests. In adopting a public records policy under this | 1404 |
division, a public office may obtain guidance from the model | 1405 |
public records policy developed and provided to the public office | 1406 |
by the attorney general under section 109.43 of the Revised Code. | 1407 |
Except as otherwise provided in this section, the policy may not | 1408 |
limit the number of public records that the public office will | 1409 |
make available to a single person, may not limit the number of | 1410 |
public records that it will make available during a fixed period | 1411 |
of time, and may not establish a fixed period of time before it | 1412 |
will respond to a request for inspection or copying of public | 1413 |
records, unless that period is less than eight hours. | 1414 |
(2) The public office shall distribute the public records | 1415 |
policy adopted by the public office under division (E)(1) of this | 1416 |
section to the employee of the public office who is the records | 1417 |
custodian or records manager or otherwise has custody of the | 1418 |
records of that office. The public office shall require that | 1419 |
employee to acknowledge receipt of the copy of the public records | 1420 |
policy. The public office shall create a poster that describes its | 1421 |
public records policy and shall post the poster in a conspicuous | 1422 |
place in the public office and in all locations where the public | 1423 |
office has branch offices. The public office may post its public | 1424 |
records policy on the internet web site of the public office if | 1425 |
the public office maintains an internet web site. A public office | 1426 |
that has established a manual or handbook of its general policies | 1427 |
and procedures for all employees of the public office shall | 1428 |
include the public records policy of the public office in the | 1429 |
manual or handbook. | 1430 |
(F)(1) The bureau of motor vehicles may adopt rules pursuant | 1431 |
to Chapter 119. of the Revised Code to reasonably limit the number | 1432 |
of bulk commercial special extraction requests made by a person | 1433 |
for the same records or for updated records during a calendar | 1434 |
year. The rules may include provisions for charges to be made for | 1435 |
bulk commercial special extraction requests for the actual cost of | 1436 |
the bureau, plus special extraction costs, plus ten per cent. The | 1437 |
bureau may charge for expenses for redacting information, the | 1438 |
release of which is prohibited by law. | 1439 |
(2) As used in division (F)(1) of this section: | 1440 |
(a) "Actual cost" means the cost of depleted supplies, | 1441 |
records storage media costs, actual mailing and alternative | 1442 |
delivery costs, or other transmitting costs, and any direct | 1443 |
equipment operating and maintenance costs, including actual costs | 1444 |
paid to private contractors for copying services. | 1445 |
(b) "Bulk commercial special extraction request" means a | 1446 |
request for copies of a record for information in a format other | 1447 |
than the format already available, or information that cannot be | 1448 |
extracted without examination of all items in a records series, | 1449 |
class of records, or database by a person who intends to use or | 1450 |
forward the copies for surveys, marketing, solicitation, or resale | 1451 |
for commercial purposes. "Bulk commercial special extraction | 1452 |
request" does not include a request by a person who gives | 1453 |
assurance to the bureau that the person making the request does | 1454 |
not intend to use or forward the requested copies for surveys, | 1455 |
marketing, solicitation, or resale for commercial purposes. | 1456 |
(c) "Commercial" means profit-seeking production, buying, or | 1457 |
selling of any good, service, or other product. | 1458 |
(d) "Special extraction costs" means the cost of the time | 1459 |
spent by the lowest paid employee competent to perform the task, | 1460 |
the actual amount paid to outside private contractors employed by | 1461 |
the bureau, or the actual cost incurred to create computer | 1462 |
programs to make the special extraction. "Special extraction | 1463 |
costs" include any charges paid to a public agency for computer or | 1464 |
records services. | 1465 |
(3) For purposes of divisions (F)(1) and (2) of this section, | 1466 |
"surveys, marketing, solicitation, or resale for commercial | 1467 |
purposes" shall be narrowly construed and does not include | 1468 |
reporting or gathering news, reporting or gathering information to | 1469 |
assist citizen oversight or understanding of the operation or | 1470 |
activities of government, or nonprofit educational research. | 1471 |
Section 4. That the existing version of section 149.43 of the | 1472 |
Revised Code that is scheduled to take effect on March 20, 2015, | 1473 |
is hereby repealed. | 1474 |
Section 5. Sections 3 and 4 of this act shall take effect on | 1475 |
March 20, 2015. | 1476 |