Bill Text: OH HB33 | 2011-2012 | 129th General Assembly | Introduced

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Bill Title: To exclude the residential and familial information of a federal law enforcement officer from the definition of a public record, to include federal law enforcement officers among the protected individuals who are authorized to request a public office other than the county auditor to redact the person's address from any record made available to the general public on the internet, and to include those officers among the protected individuals who may request the county auditor to replace the person's name with the person's initials on the general tax list and duplicate.

Sponsorship: Strong Partisan Bill (Republican 11-1)

Status: (Introduced - Dead) 2011-01-19 - To Judiciary & Ethics [HB33 Detail]

Download: Ohio-2011-HB33-Introduced.html

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As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 33

Representative Snitchler 

Cosponsors: Representatives Combs, Boose, McClain, Grossman, Stebelton, Blair, Okey, Hackett, Dovilla, Kozlowski, Hollington 

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A BILL

To amend sections 149.43, 149.45, 319.28, and 319.54

1

of the Revised Code to exclude the residential and

2

familial information of a federal law enforcement

3

officer from the definition of a public record, to

4

include federal law enforcement officers among the

5

protected individuals who are authorized to

6

request a public office other than the county

7

auditor to redact the person's address from any

8

record made available to the general public on the

9

internet, and to include those officers among the

10

protected individuals who may request the county

11

auditor to replace the person's name with the

12

person's initials on the general tax list and

13

duplicate.

14

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

Section 1. That sections 149.43, 149.45, 319.28, and 319.54	15
of the Revised Code be amended to 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, prosecuting attorney,	62
assistant prosecuting attorney, correctional employee, youth	63
services employee, firefighter, EMT, or investigator of the bureau	64
of criminal identification and investigation, or federal law	65
enforcement officer residential and familial information;	66

(q) In the case of a county hospital operated pursuant to	67
Chapter 339. of the Revised Code or a municipal hospital operated	68
pursuant to Chapter 749. of the Revised Code, information that	69
constitutes a trade secret, as defined in section 1333.61 of the	70
Revised Code;	71

(r) Information pertaining to the recreational activities of	72
a person under the age of eighteen;	73

(s) Records provided to, statements made by review board	74
members during meetings of, and all work products of a child	75
fatality review board acting under sections 307.621 to 307.629 of	76
the Revised Code, and child fatality review data submitted by the	77
child fatality review board to the department of health or a	78
national child death review database, other than the report	79
prepared pursuant to division (A) of section 307.626 of the	80
Revised Code;	81

(t) Records provided to and statements made by the executive	82
director of a public children services agency or a prosecuting	83
attorney acting pursuant to section 5153.171 of the Revised Code	84
other than the information released under that section;	85

(u) Test materials, examinations, or evaluation tools used in	86
an examination for licensure as a nursing home administrator that	87
the board of examiners of nursing home administrators administers	88
under section 4751.04 of the Revised Code or contracts under that	89
section with a private or government entity to administer;	90

(v) Records the release of which is prohibited by state or	91
federal law;	92

(w) Proprietary information of or relating to any person that	93
is submitted to or compiled by the Ohio venture capital authority	94
created under section 150.01 of the Revised Code;	95

(x) Information reported and evaluations conducted pursuant	96
to section 3701.072 of the Revised Code;	97

(y) 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

(z) Records listed in section 5101.29 of the Revised Code.

104

(aa) 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

(2) "Confidential law enforcement investigatory record" means	108
any record that pertains to a law enforcement matter of a	109
criminal, quasi-criminal, civil, or administrative nature, but	110
only to the extent that the release of the record would create a	111
high probability of disclosure of any of the following:	112

(a) The identity of a suspect who has not been charged with	113
the offense to which the record pertains, or of an information	114
source or witness to whom confidentiality has been reasonably	115
promised;	116

(b) Information provided by an information source or witness	117
to whom confidentiality has been reasonably promised, which	118
information would reasonably tend to disclose the source's or	119
witness's identity;	120

(c) Specific confidential investigatory techniques or	121
procedures or specific investigatory work product;	122

(d) Information that would endanger the life or physical	123
safety of law enforcement personnel, a crime victim, a witness, or	124
a confidential information source.	125

(3) "Medical record" means any document or combination of	126
documents, except births, deaths, and the fact of admission to or	127
discharge from a hospital, that pertains to the medical history,	128
diagnosis, prognosis, or medical condition of a patient and that	129
is generated and maintained in the process of medical treatment.	130

(4) "Trial preparation record" means any record that contains	131
information that is specifically compiled in reasonable	132
anticipation of, or in defense of, a civil or criminal action or	133
proceeding, including the independent thought processes and	134
personal trial preparation of an attorney.	135

(5) "Intellectual property record" means a record, other than	136
a financial or administrative record, that is produced or	137
collected by or for faculty or staff of a state institution of	138
higher learning in the conduct of or as a result of study or	139
research on an educational, commercial, scientific, artistic,	140
technical, or scholarly issue, regardless of whether the study or	141
research was sponsored by the institution alone or in conjunction	142
with a governmental body or private concern, and that has not been	143
publicly released, published, or patented.	144

(6) "Donor profile record" means all records about donors or	145
potential donors to a public institution of higher education	146
except the names and reported addresses of the actual donors and	147
the date, amount, and conditions of the actual donation.	148

(7) "Peace officer, parole officer, prosecuting attorney,	149
assistant prosecuting attorney, correctional employee, youth	150
services employee, firefighter, EMT, or investigator of the bureau	151
of criminal identification and investigation, or federal law	152
enforcement officer residential and familial information" means	153
any information that discloses any of the following about a peace	154
officer, parole officer, prosecuting attorney, assistant	155
prosecuting attorney, correctional employee, youth services	156
employee, firefighter, EMT, or investigator of the bureau of	157
criminal identification and investigation, or federal law	158
enforcement officer:	159

(a) The address of the actual personal residence of a peace	160
officer, parole officer, assistant prosecuting attorney,	161
correctional employee, youth services employee, firefighter, EMT,	162
or an investigator of the bureau of criminal identification and	163
investigation, or federal law enforcement officer, except for the	164
state or political subdivision in which the peace officer, parole	165
officer, assistant prosecuting attorney, correctional employee,	166
youth services employee, firefighter, EMT, or investigator of the	167
bureau of criminal identification and investigation, or federal	168
law enforcement officer resides;	169

(b) Information compiled from referral to or participation in	170
an employee assistance program;	171

(c) The social security number, the residential telephone	172
number, any bank account, debit card, charge card, or credit card	173
number, or the emergency telephone number of, or any medical	174
information pertaining to, a peace officer, parole officer,	175
prosecuting attorney, assistant prosecuting attorney, correctional	176
employee, youth services employee, firefighter, EMT, or	177
investigator of the bureau of criminal identification and	178
investigation, or federal law enforcement officer;	179

(d) The name of any beneficiary of employment benefits,	180
including, but not limited to, life insurance benefits, provided	181
to a peace officer, parole officer, prosecuting attorney,	182
assistant prosecuting attorney, correctional employee, youth	183
services employee, firefighter, EMT, or investigator of the bureau	184
of criminal identification and investigation, or federal law	185
enforcement officer by the peace officer's, parole officer's,	186
prosecuting attorney's, assistant prosecuting attorney's,	187
correctional employee's, youth services employee's, firefighter's,	188
EMT's, or investigator of the bureau of criminal identification	189
and investigation's, or federal law enforcement officer's	190
employer;	191

(e) The identity and amount of any charitable or employment	192
benefit deduction made by the peace officer's, parole officer's,	193
prosecuting attorney's, assistant prosecuting attorney's,	194
correctional employee's, youth services employee's, firefighter's,	195
EMT's, or investigator of the bureau of criminal identification	196
and investigation's, or federal law enforcement officer's employer	197
from the peace officer's, parole officer's, prosecuting	198
attorney's, assistant prosecuting attorney's, correctional	199
employee's, youth services employee's, firefighter's, EMT's, or	200
investigator of the bureau of criminal identification and	201
investigation's, or federal law enforcement officer's compensation	202
unless the amount of the deduction is required by state or federal	203
law;	204

(f) The name, the residential address, the name of the	205
employer, the address of the employer, the social security number,	206
the residential telephone number, any bank account, debit card,	207
charge card, or credit card number, or the emergency telephone	208
number of the spouse, a former spouse, or any child of a peace	209
officer, parole officer, prosecuting attorney, assistant	210
prosecuting attorney, correctional employee, youth services	211
employee, firefighter, EMT, or investigator of the bureau of	212
criminal identification and investigation, or federal law	213
enforcement officer;	214

(g) A photograph of a peace officer or federal law	215
enforcement officer who holds a position or has an assignment that	216
may include undercover or plain clothes positions or assignments	217
as determined by the peace officer's or federal law enforcement	218
officer's appointing authority.	219

As used in divisions (A)(7) and (B)(9) of this section,	220
"peace officer" has the same meaning as in section 109.71 of the	221
Revised Code and also includes the superintendent and troopers of	222
the state highway patrol; it does not include the sheriff of a	223
county or a supervisory employee who, in the absence of the	224
sheriff, is authorized to stand in for, exercise the authority of,	225
and perform the duties of the sheriff.	226

As used in divisions (A)(7) and (B)(5) of this section,	227
"correctional employee" means any employee of the department of	228
rehabilitation and correction who in the course of performing the	229
employee's job duties has or has had contact with inmates and	230
persons under supervision.	231

As used in divisions (A)(7) and (B)(5) of this section,	232
"youth services employee" means any employee of the department of	233
youth services who in the course of performing the employee's job	234
duties has or has had contact with children committed to the	235
custody of the department of youth services.	236

As used in divisions (A)(7) and (B)(9) of this section,	237
"firefighter" means any regular, paid or volunteer, member of a	238
lawfully constituted fire department of a municipal corporation,	239
township, fire district, or village.	240

As used in divisions (A)(7) and (B)(9) of this section, "EMT"	241
means EMTs-basic, EMTs-I, and paramedics that provide emergency	242
medical services for a public emergency medical service	243
organization. "Emergency medical service organization,"	244
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in	245
section 4765.01 of the Revised Code.	246

As used in divisions (A)(7) and (B)(9) of this section,	247
"investigator of the bureau of criminal identification and	248
investigation" has the meaning defined in section 2903.11 of the	249
Revised Code.	250

As used in divisions (A)(7) and (B)(9) of this section,	251
"federal law enforcement officer" means any officer of the United	252
States who is authorized by federal law to conduct any	253
investigation of, and make any arrest for, any offense against the	254
United States in violation of federal law.	255

(8) "Information pertaining to the recreational activities of	256
a person under the age of eighteen" means information that is kept	257
in the ordinary course of business by a public office, that	258
pertains to the recreational activities of a person under the age	259
of eighteen years, and that discloses any of the following:	260

(a) The address or telephone number of a person under the age	261
of eighteen or the address or telephone number of that person's	262
parent, guardian, custodian, or emergency contact person;	263

(b) The social security number, birth date, or photographic	264
image of a person under the age of eighteen;	265

(c) Any medical record, history, or information pertaining to	266
a person under the age of eighteen;	267

(d) Any additional information sought or required about a	268
person under the age of eighteen for the purpose of allowing that	269
person to participate in any recreational activity conducted or	270
sponsored by a public office or to use or obtain admission	271
privileges to any recreational facility owned or operated by a	272
public office.	273

(9) "Community control sanction" has the same meaning as in	274
section 2929.01 of the Revised Code.	275

(10) "Post-release control sanction" has the same meaning as	276
in section 2967.01 of the Revised Code.	277

(11) "Redaction" means obscuring or deleting any information	278
that is exempt from the duty to permit public inspection or	279
copying from an item that otherwise meets the definition of a	280
"record" in section 149.011 of the Revised Code.	281

(12) "Designee" and "elected official" have the same meanings	282
as in section 109.43 of the Revised Code.	283

(B)(1) Upon request and subject to division (B)(8) of this	284
section, all public records responsive to the request shall be	285
promptly prepared and made available for inspection to any person	286
at all reasonable times during regular business hours. Subject to	287
division (B)(8) of this section, upon request, a public office or	288
person responsible for public records shall make copies of the	289
requested public record available at cost and within a reasonable	290
period of time. If a public record contains information that is	291
exempt from the duty to permit public inspection or to copy the	292
public record, the public office or the person responsible for the	293
public record shall make available all of the information within	294
the public record that is not exempt. When making that public	295
record available for public inspection or copying that public	296
record, the public office or the person responsible for the public	297
record shall notify the requester of any redaction or make the	298
redaction plainly visible. A redaction shall be deemed a denial of	299
a request to inspect or copy the redacted information, except if	300
federal or state law authorizes or requires a public office to	301
make the redaction.	302

(2) To facilitate broader access to public records, a public	303
office or the person responsible for public records shall organize	304
and maintain public records in a manner that they can be made	305
available for inspection or copying in accordance with division	306
(B) of this section. A public office also shall have available a	307
copy of its current records retention schedule at a location	308
readily available to the public. If a requester makes an ambiguous	309
or overly broad request or has difficulty in making a request for	310
copies or inspection of public records under this section such	311
that the public office or the person responsible for the requested	312
public record cannot reasonably identify what public records are	313
being requested, the public office or the person responsible for	314
the requested public record may deny the request but shall provide	315
the requester with an opportunity to revise the request by	316
informing the requester of the manner in which records are	317
maintained by the public office and accessed in the ordinary	318
course of the public office's or person's duties.	319

(3) If a request is ultimately denied, in part or in whole,	320
the public office or the person responsible for the requested	321
public record shall provide the requester with an explanation,	322
including legal authority, setting forth why the request was	323
denied. If the initial request was provided in writing, the	324
explanation also shall be provided to the requester in writing.	325
The explanation shall not preclude the public office or the person	326
responsible for the requested public record from relying upon	327
additional reasons or legal authority in defending an action	328
commenced under division (C) of this section.	329

(4) Unless specifically required or authorized by state or	330
federal law or in accordance with division (B) of this section, no	331
public office or person responsible for public records may limit	332
or condition the availability of public records by requiring	333
disclosure of the requester's identity or the intended use of the	334
requested public record. Any requirement that the requester	335
disclose the requestor's identity or the intended use of the	336
requested public record constitutes a denial of the request.	337

(5) A public office or person responsible for public records	338
may ask a requester to make the request in writing, may ask for	339
the requester's identity, and may inquire about the intended use	340
of the information requested, but may do so only after disclosing	341
to the requester that a written request is not mandatory and that	342
the requester may decline to reveal the requester's identity or	343
the intended use and when a written request or disclosure of the	344
identity or intended use would benefit the requester by enhancing	345
the ability of the public office or person responsible for public	346
records to identify, locate, or deliver the public records sought	347
by the requester.	348

(6) If any person chooses to obtain a copy of a public record	349
in accordance with division (B) of this section, the public office	350
or person responsible for the public record may require that	351
person to pay in advance the cost involved in providing the copy	352
of the public record in accordance with the choice made by the	353
person seeking the copy under this division. The public office or	354
the person responsible for the public record shall permit that	355
person to choose to have the public record duplicated upon paper,	356
upon the same medium upon which the public office or person	357
responsible for the public record keeps it, or upon any other	358
medium upon which the public office or person responsible for the	359
public record determines that it reasonably can be duplicated as	360
an integral part of the normal operations of the public office or	361
person responsible for the public record. When the person seeking	362
the copy makes a choice under this division, the public office or	363
person responsible for the public record shall provide a copy of	364
it in accordance with the choice made by the person seeking the	365
copy. Nothing in this section requires a public office or person	366
responsible for the public record to allow the person seeking a	367
copy of the public record to make the copies of the public record.	368

(7) Upon a request made in accordance with division (B) of	369
this section and subject to division (B)(6) of this section, a	370
public office or person responsible for public records shall	371
transmit a copy of a public record to any person by United States	372
mail or by any other means of delivery or transmission within a	373
reasonable period of time after receiving the request for the	374
copy. The public office or person responsible for the public	375
record may require the person making the request to pay in advance	376
the cost of postage if the copy is transmitted by United States	377
mail or the cost of delivery if the copy is transmitted other than	378
by United States mail, and to pay in advance the costs incurred	379
for other supplies used in the mailing, delivery, or transmission.	380

Any public office may adopt a policy and procedures that it	381
will follow in transmitting, within a reasonable period of time	382
after receiving a request, copies of public records by United	383
States mail or by any other means of delivery or transmission	384
pursuant to this division. A public office that adopts a policy	385
and procedures under this division shall comply with them in	386
performing its duties under this division.	387

In any policy and procedures adopted under this division, a	388
public office may limit the number of records requested by a	389
person that the office will transmit by United States mail to ten	390
per month, unless the person certifies to the office in writing	391
that the person does not intend to use or forward the requested	392
records, or the information contained in them, for commercial	393
purposes. For purposes of this division, "commercial" shall be	394
narrowly construed and does not include reporting or gathering	395
news, reporting or gathering information to assist citizen	396
oversight or understanding of the operation or activities of	397
government, or nonprofit educational research.	398

(8) A public office or person responsible for public records	399
is not required to permit a person who is incarcerated pursuant to	400
a criminal conviction or a juvenile adjudication to inspect or to	401
obtain a copy of any public record concerning a criminal	402
investigation or prosecution or concerning what would be a	403
criminal investigation or prosecution if the subject of the	404
investigation or prosecution were an adult, unless the request to	405
inspect or to obtain a copy of the record is for the purpose of	406
acquiring information that is subject to release as a public	407
record under this section and the judge who imposed the sentence	408
or made the adjudication with respect to the person, or the	409
judge's successor in office, finds that the information sought in	410
the public record is necessary to support what appears to be a	411
justiciable claim of the person.	412

(9) Upon written request made and signed by a journalist on	413
or after December 16, 1999, a public office, or person responsible	414
for public records, having custody of the records of the agency	415
employing a specified peace officer, parole officer, prosecuting	416
attorney, assistant prosecuting attorney, correctional employee,	417
youth services employee, firefighter, EMT, or investigator of the	418
bureau of criminal identification and investigation, or federal	419
law enforcement officer shall disclose to the journalist the	420
address of the actual personal residence of the peace officer,	421
parole officer, prosecuting attorney, assistant prosecuting	422
attorney, correctional employee, youth services employee,	423
firefighter, EMT, or investigator of the bureau of criminal	424
identification and investigation, or federal law enforcement	425
officer and, if the peace officer's, parole officer's, prosecuting	426
attorney's, assistant prosecuting attorney's, correctional	427
employee's, youth services employee's, firefighter's, EMT's, or	428
investigator of the bureau of criminal identification and	429
investigation's, or federal law enforcement officer's spouse,	430
former spouse, or child is employed by a public office, the name	431
and address of the employer of the peace officer's, parole	432
officer's, prosecuting attorney's, assistant prosecuting	433
attorney's, correctional employee's, youth services employee's,	434
firefighter's, EMT's, or investigator of the bureau of criminal	435
identification and investigation's, or federal law enforcement	436
officer's spouse, former spouse, or child. The request shall	437
include the journalist's name and title and the name and address	438
of the journalist's employer and shall state that disclosure of	439
the information sought would be in the public interest.	440

As used in this division, "journalist" means a person engaged	441
in, connected with, or employed by any news medium, including a	442
newspaper, magazine, press association, news agency, or wire	443
service, a radio or television station, or a similar medium, for	444
the purpose of gathering, processing, transmitting, compiling,	445
editing, or disseminating information for the general public.	446

(C)(1) If a person allegedly is aggrieved by the failure of a	447
public office or the person responsible for public records to	448
promptly prepare a public record and to make it available to the	449
person for inspection in accordance with division (B) of this	450
section or by any other failure of a public office or the person	451
responsible for public records to comply with an obligation in	452
accordance with division (B) of this section, the person allegedly	453
aggrieved may commence a mandamus action to obtain a judgment that	454
orders the public office or the person responsible for the public	455
record to comply with division (B) of this section, that awards	456
court costs and reasonable attorney's fees to the person that	457
instituted the mandamus action, and, if applicable, that includes	458
an order fixing statutory damages under division (C)(1) of this	459
section. The mandamus action may be commenced in the court of	460
common pleas of the county in which division (B) of this section	461
allegedly was not complied with, in the supreme court pursuant to	462
its original jurisdiction under Section 2 of Article IV, Ohio	463
Constitution, or in the court of appeals for the appellate	464
district in which division (B) of this section allegedly was not	465
complied with pursuant to its original jurisdiction under Section	466
3 of Article IV, Ohio Constitution.	467

If a requestor transmits a written request by hand delivery	468
or certified mail to inspect or receive copies of any public	469
record in a manner that fairly describes the public record or	470
class of public records to the public office or person responsible	471
for the requested public records, except as otherwise provided in	472
this section, the requestor shall be entitled to recover the	473
amount of statutory damages set forth in this division if a court	474
determines that the public office or the person responsible for	475
public records failed to comply with an obligation in accordance	476
with division (B) of this section.	477

The amount of statutory damages shall be fixed at one hundred	478
dollars for each business day during which the public office or	479
person responsible for the requested public records failed to	480
comply with an obligation in accordance with division (B) of this	481
section, beginning with the day on which the requester files a	482
mandamus action to recover statutory damages, up to a maximum of	483
one thousand dollars. The award of statutory damages shall not be	484
construed as a penalty, but as compensation for injury arising	485
from lost use of the requested information. The existence of this	486
injury shall be conclusively presumed. The award of statutory	487
damages shall be in addition to all other remedies authorized by	488
this section.	489

The court may reduce an award of statutory damages or not	490
award statutory damages if the court determines both of the	491
following:	492

(a) That, based on the ordinary application of statutory law	493
and case law as it existed at the time of the conduct or	494
threatened conduct of the public office or person responsible for	495
the requested public records that allegedly constitutes a failure	496
to comply with an obligation in accordance with division (B) of	497
this section and that was the basis of the mandamus action, a	498
well-informed public office or person responsible for the	499
requested public records reasonably would believe that the conduct	500
or threatened conduct of the public office or person responsible	501
for the requested public records did not constitute a failure to	502
comply with an obligation in accordance with division (B) of this	503
section;	504

(b) That a well-informed public office or person responsible	505
for the requested public records reasonably would believe that the	506
conduct or threatened conduct of the public office or person	507
responsible for the requested public records would serve the	508
public policy that underlies the authority that is asserted as	509
permitting that conduct or threatened conduct.	510

(2)(a) If the court issues a writ of mandamus that orders the	511
public office or the person responsible for the public record to	512
comply with division (B) of this section and determines that the	513
circumstances described in division (C)(1) of this section exist,	514
the court shall determine and award to the relator all court	515
costs.	516

(b) If the court renders a judgment that orders the public	517
office or the person responsible for the public record to comply	518
with division (B) of this section, the court may award reasonable	519
attorney's fees subject to reduction as described in division	520
(C)(2)(c) of this section. The court shall award reasonable	521
attorney's fees, subject to reduction as described in division	522
(C)(2)(c) of this section when either of the following applies:	523

(i) The public office or the person responsible for the	524
public records failed to respond affirmatively or negatively to	525
the public records request in accordance with the time allowed	526
under division (B) of this section.	527

(ii) The public office or the person responsible for the	528
public records promised to permit the relator to inspect or	529
receive copies of the public records requested within a specified	530
period of time but failed to fulfill that promise within that	531
specified period of time.	532

(c) Court costs and reasonable attorney's fees awarded under	533
this section shall be construed as remedial and not punitive.	534
Reasonable attorney's fees shall include reasonable fees incurred	535
to produce proof of the reasonableness and amount of the fees and	536
to otherwise litigate entitlement to the fees. The court may	537
reduce an award of attorney's fees to the relator or not award	538
attorney's fees to the relator if the court determines both of the	539
following:	540

(i) That, based on the ordinary application of statutory law	541
and case law as it existed at the time of the conduct or	542
threatened conduct of the public office or person responsible for	543
the requested public records that allegedly constitutes a failure	544
to comply with an obligation in accordance with division (B) of	545
this section and that was the basis of the mandamus action, a	546
well-informed public office or person responsible for the	547
requested public records reasonably would believe that the conduct	548
or threatened conduct of the public office or person responsible	549
for the requested public records did not constitute a failure to	550
comply with an obligation in accordance with division (B) of this	551
section;	552

(ii) That a well-informed public office or person responsible	553
for the requested public records reasonably would believe that the	554
conduct or threatened conduct of the public office or person	555
responsible for the requested public records as described in	556
division (C)(2)(c)(i) of this section would serve the public	557
policy that underlies the authority that is asserted as permitting	558
that conduct or threatened conduct.	559

(D) Chapter 1347. of the Revised Code does not limit the	560
provisions of this section.	561

(E)(1) To ensure that all employees of public offices are	562
appropriately educated about a public office's obligations under	563
division (B) of this section, all elected officials or their	564
appropriate designees shall attend training approved by the	565
attorney general as provided in section 109.43 of the Revised	566
Code. In addition, all public offices shall adopt a public records	567
policy in compliance with this section for responding to public	568
records requests. In adopting a public records policy under this	569
division, a public office may obtain guidance from the model	570
public records policy developed and provided to the public office	571
by the attorney general under section 109.43 of the Revised Code.	572
Except as otherwise provided in this section, the policy may not	573
limit the number of public records that the public office will	574
make available to a single person, may not limit the number of	575
public records that it will make available during a fixed period	576
of time, and may not establish a fixed period of time before it	577
will respond to a request for inspection or copying of public	578
records, unless that period is less than eight hours.	579

(2) The public office shall distribute the public records	580
policy adopted by the public office under division (E)(1) of this	581
section to the employee of the public office who is the records	582
custodian or records manager or otherwise has custody of the	583
records of that office. The public office shall require that	584
employee to acknowledge receipt of the copy of the public records	585
policy. The public office shall create a poster that describes its	586
public records policy and shall post the poster in a conspicuous	587
place in the public office and in all locations where the public	588
office has branch offices. The public office may post its public	589
records policy on the internet web site of the public office if	590
the public office maintains an internet web site. A public office	591
that has established a manual or handbook of its general policies	592
and procedures for all employees of the public office shall	593
include the public records policy of the public office in the	594
manual or handbook.	595

(F)(1) The bureau of motor vehicles may adopt rules pursuant	596
to Chapter 119. of the Revised Code to reasonably limit the number	597
of bulk commercial special extraction requests made by a person	598
for the same records or for updated records during a calendar	599
year. The rules may include provisions for charges to be made for	600
bulk commercial special extraction requests for the actual cost of	601
the bureau, plus special extraction costs, plus ten per cent. The	602
bureau may charge for expenses for redacting information, the	603
release of which is prohibited by law.	604

(2) As used in division (F)(1) of this section:

605

(a) "Actual cost" means the cost of depleted supplies,	606
records storage media costs, actual mailing and alternative	607
delivery costs, or other transmitting costs, and any direct	608
equipment operating and maintenance costs, including actual costs	609
paid to private contractors for copying services.	610

(b) "Bulk commercial special extraction request" means a	611
request for copies of a record for information in a format other	612
than the format already available, or information that cannot be	613
extracted without examination of all items in a records series,	614
class of records, or data base by a person who intends to use or	615
forward the copies for surveys, marketing, solicitation, or resale	616
for commercial purposes. "Bulk commercial special extraction	617
request" does not include a request by a person who gives	618
assurance to the bureau that the person making the request does	619
not intend to use or forward the requested copies for surveys,	620
marketing, solicitation, or resale for commercial purposes.	621

(c) "Commercial" means profit-seeking production, buying, or	622
selling of any good, service, or other product.	623

(d) "Special extraction costs" means the cost of the time	624
spent by the lowest paid employee competent to perform the task,	625
the actual amount paid to outside private contractors employed by	626
the bureau, or the actual cost incurred to create computer	627
programs to make the special extraction. "Special extraction	628
costs" include any charges paid to a public agency for computer or	629
records services.	630

(3) For purposes of divisions (F)(1) and (2) of this section,	631
"surveys, marketing, solicitation, or resale for commercial	632
purposes" shall be narrowly construed and does not include	633
reporting or gathering news, reporting or gathering information to	634
assist citizen oversight or understanding of the operation or	635
activities of government, or nonprofit educational research.	636

Sec. 149.45. (A) As used in this section:

637

(1) "Personal information" means any of the following:

638

(a) An individual's social security number;

639

(b) An individual's federal tax identification number;

640

(c) An individual's driver's license number or state	641
identification number;	642

(d) An individual's checking account number, savings account	643
number, or credit card number.	644

(2) "Public record" and "peace officer, parole officer,	645
prosecuting attorney, assistant prosecuting attorney, correctional	646
employee, youth services employee, firefighter, EMT, or	647
investigator of the bureau of criminal identification and	648
investigation residential and familial information" have the same	649
meanings as in section 149.43 of the Revised Code.	650

(3) "Truncate" means to redact all but the last four digits	651
of an individual's social security number.	652

(4) "Federal law enforcement officer" means any officer of	653
the United States who is authorized by federal law to conduct any	654
investigation of, and make any arrest for, any offense against the	655
United States in violation of federal law.	656

(B)(1) No public office or person responsible for a public	657
office's public records shall make available to the general public	658
on the internet any document that contains an individual's social	659
security number without otherwise redacting, encrypting, or	660
truncating the social security number.	661

(2) A public office or person responsible for a public	662
office's public records that prior to the effective date of this	663
section made available to the general public on the internet any	664
document that contains an individual's social security number	665
shall redact, encrypt, or truncate the social security number from	666
that document.	667

(3) Divisions (B)(1) and (2) of this section do not apply to	668
documents that are only accessible through the internet with a	669
password.	670

(C)(1) An individual may request that a public office or a	671
person responsible for a public office's public records redact	672
personal information of that individual from any record made	673
available to the general public on the internet. An individual who	674
makes a request for redaction pursuant to this division shall make	675
the request in writing on a form developed by the attorney general	676
and shall specify the personal information to be redacted and	677
provide any information that identifies the location of that	678
personal information within a document that contains that personal	679
information.	680

(2) Upon receiving a request for a redaction pursuant to	681
division (C)(1) of this section, a public office or a person	682
responsible for a public office's public records shall act within	683
five business days in accordance with the request to redact the	684
personal information of the individual from any record made	685
available to the general public on the internet, if practicable.	686
If a redaction is not practicable, the public office or person	687
responsible for the public office's public records shall verbally	688
or in writing within five business days after receiving the	689
written request explain to the individual why the redaction is	690
impracticable.	691

(3) The attorney general shall develop a form to be used by	692
an individual to request a redaction pursuant to division (C)(1)	693
of this section. The form shall include a place to provide any	694
information that identifies the location of the personal	695
information to be redacted.	696

(D)(1) A peace officer, parole officer, prosecuting attorney,	697
assistant prosecuting attorney, correctional employee, youth	698
services employee, firefighter, EMT, or investigator of the bureau	699
of criminal identification and investigation, or federal law	700
enforcement officer may request that a public office other than a	701
county auditor or a person responsible for the public records of a	702
public office other than a county auditor redact the address of	703
the person making the request from any record made available to	704
the general public on the internet that includes peace officer,	705
parole officer, prosecuting attorney, assistant prosecuting	706
attorney, correctional employee, youth services employee,	707
firefighter, EMT, or investigator of the bureau of criminal	708
identification and investigation, or federal law enforcement	709
officer residential and familial information of the person making	710
the request. A person who makes a request for a redaction pursuant	711
to this division shall make the request in writing and on a form	712
developed by the attorney general.	713

(2) Upon receiving a written request for a redaction pursuant	714
to division (D)(1) of this section, a public office other than a	715
county auditor or a person responsible for the public records of a	716
public office other than a county auditor shall act within five	717
business days in accordance with the request to redact the address	718
of the peace officer, parole officer, prosecuting attorney,	719
assistant prosecuting attorney, correctional employee, youth	720
services employee, firefighter, EMT, or investigator of the bureau	721
of criminal identification and investigation, or federal law	722
enforcement officer making the request from any record made	723
available to the general public on the internet that includes	724
peace officer, parole officer, prosecuting attorney, assistant	725
prosecuting attorney, correctional employee, youth services	726
employee, firefighter, EMT, or investigator of the bureau of	727
criminal identification and investigation, or federal law	728
enforcement officer residential and familial information of the	729
person making the request, if practicable. If a redaction is not	730
practicable, the public office or person responsible for the	731
public office's public records shall verbally or in writing within	732
five business days after receiving the written request explain to	733
the peace officer, parole officer, prosecuting attorney, assistant	734
prosecuting attorney, correctional employee, youth services	735
employee, firefighter, EMT, or investigator of the bureau of	736
criminal identification and investigation, or federal law	737
enforcement officer why the redaction is impracticable.	738

(3) Except as provided in this section and section 319.28 of	739
the Revised Code, a public office other than an employer of a	740
peace officer, parole officer, prosecuting attorney, assistant	741
prosecuting attorney, correctional employee, youth services	742
employee, firefighter, EMT, or investigator of the bureau of	743
criminal identification and investigation, or federal law	744
enforcement officer or a person responsible for the public records	745
of the employer is not required to redact the residential and	746
familial information of the peace officer, parole officer,	747
prosecuting attorney, assistant prosecuting attorney, correctional	748
employee, youth services employee, firefighter, EMT, or	749
investigator of the bureau of criminal identification and	750
investigation, or federal law enforcement officer from other	751
records maintained by the public office.	752

(4) The attorney general shall develop a form to be used by a	753
peace officer, parole officer, prosecuting attorney, assistant	754
prosecuting attorney, correctional employee, youth services	755
employee, firefighter, EMT, or investigator of the bureau of	756
criminal identification and investigation, or federal law	757
enforcement officer to request a redaction pursuant to division	758
(D)(1) of this section. The form shall include a place to provide	759
any information that identifies the location of the address of a	760
peace officer, parole officer, prosecuting attorney, assistant	761
prosecuting attorney, correctional employee, youth services	762
employee, firefighter, EMT, or investigator of the bureau of	763
criminal identification and investigation, or federal law	764
enforcement officer to be redacted.	765

(E)(1) If a public office or a person responsible for a	766
public office's public records becomes aware that an electronic	767
record of that public office that is made available to the general	768
public on the internet contains an individual's social security	769
number that was mistakenly not redacted, encrypted, or truncated	770
as required by division (B)(1) or (2) of this section, the public	771
office or person responsible for the public office's public	772
records shall redact, encrypt, or truncate the individual's social	773
security number within a reasonable period of time.	774

(2) A public office or a person responsible for a public	775
office's public records is not liable in damages in a civil action	776
for any harm an individual allegedly sustains as a result of the	777
inclusion of that individual's personal information on any record	778
made available to the general public on the internet or any harm a	779
peace officer, parole officer, prosecuting attorney, assistant	780
prosecuting attorney, correctional employee, youth services	781
employee, firefighter, EMT, or investigator of the bureau of	782
criminal identification and investigation, or federal law	783
enforcement officer sustains as a result of the inclusion of the	784
address of the peace officer, parole officer, prosecuting	785
attorney, assistant prosecuting attorney, correctional employee,	786
youth services employee, firefighter, EMT, or investigator of the	787
bureau of criminal identification and investigation, or federal	788
law enforcement officer on any record made available to the	789
general public on the internet in violation of this section unless	790
the public office or person responsible for the public office's	791
public records acted with malicious purpose, in bad faith, or in a	792
wanton or reckless manner or division (A)(6)(a) or (c) of section	793
2744.03 of the Revised Code applies.	794

Sec. 319.28.  (A) Except as otherwise provided in division	795
(B) of this section, on or before the first Monday of August,	796
annually, the county auditor shall compile and make up a general	797
tax list of real and public utility property in the county, either	798
in tabular form and alphabetical order, or, with the consent of	799
the county treasurer, by listing all parcels in a permanent parcel	800
number sequence to which a separate alphabetical index is keyed,	801
containing the names of the several persons, companies, firms,	802
partnerships, associations, and corporations in whose names real	803
property has been listed in each township, municipal corporation,	804
special district, or separate school district, or part of either	805
in the auditor's county, placing separately, in appropriate	806
columns opposite each name, the description of each tract, lot, or	807
parcel of real estate, the value of each tract, lot, or parcel,	808
the value of the improvements thereon, and of the names of the	809
several public utilities whose property, subject to taxation on	810
the general tax list and duplicate, has been apportioned by the	811
department of taxation to the county, and the amount so	812
apportioned to each township, municipal corporation, special	813
district, or separate school district or part of either in the	814
auditor's county, as shown by the certificates of apportionment of	815
public utility property. If the name of the owner of any tract,	816
lot, or parcel of real estate is unknown to the auditor, "unknown"	817
shall be entered in the column of names opposite said tract, lot,	818
or parcel. Such lists shall be prepared in duplicate. On or before	819
the first Monday of September in each year, the auditor shall	820
correct such lists in accordance with the additions and deductions	821
ordered by the tax commissioner and by the county board of	822
revision, and shall certify and on the first day of October	823
deliver one copy thereof to the county treasurer. The copies	824
prepared by the auditor shall constitute the auditor's general tax	825
list and treasurer's general duplicate of real and public utility	826
property for the current year.	827

Once a permanent parcel numbering system has been established	828
in any county as provided by the preceding paragraph, such system	829
shall remain in effect until otherwise agreed upon by the county	830
auditor and county treasurer.	831

(B)(1) A peace officer, parole officer, prosecuting attorney,	832
assistant prosecuting attorney, correctional employee, youth	833
services employee, firefighter, EMT, or investigator of the bureau	834
of criminal identification and investigation, or federal law	835
enforcement officer may submit a written request by affidavit to	836
the county auditor requesting the county auditor to remove the	837
name of the peace officer, parole officer, prosecuting attorney,	838
assistant prosecuting attorney, correctional employee, youth	839
services employee, firefighter, EMT, or investigator of the bureau	840
of criminal identification and investigation, or federal law	841
enforcement officer from any record made available to the general	842
public on the internet or a publicly accessible database and the	843
general tax list of real and public utility property and the	844
general duplicate of real and public utility property and insert	845
the initials of the peace officer, parole officer, prosecuting	846
attorney, assistant prosecuting attorney, correctional employee,	847
youth services employee, firefighter, EMT, or investigator of the	848
bureau of criminal identification and investigation, or federal	849
law enforcement officer on any record made available to the	850
general public on the internet or a publicly accessible database	851
and the general tax list of real and public utility property and	852
the general duplicate of real and public utility property as the	853
name of the peace officer, parole officer, prosecuting attorney,	854
assistant prosecuting attorney, correctional employee, youth	855
services employee, firefighter, EMT, or investigator of the bureau	856
of criminal identification and investigation, or federal law	857
enforcement officer that appears on the deed.	858

(2) Upon receiving a written request by affidavit described	859
in division (B)(1) of this section, the county auditor shall act	860
within five business days in accordance with the request to remove	861
the name of the peace officer, parole officer, prosecuting	862
attorney, assistant prosecuting attorney, correctional employee,	863
youth services employee, firefighter, EMT, or investigator of the	864
bureau of criminal identification and investigation, or federal	865
law enforcement officer from any record made available to the	866
general public on the internet or a publicly accessible database	867
and the general tax list of real and public utility property and	868
the general duplicate of real and public utility property and	869
insert initials of the peace officer, parole officer, prosecuting	870
attorney, assistant prosecuting attorney, correctional employee,	871
youth services employee, firefighter, EMT, or investigator of the	872
bureau of criminal identification and investigation, or federal	873
law enforcement officer on any record made available to the	874
general public on the internet or a publicly accessible database	875
and the general tax list of real and public utility property and	876
the general duplicate of real and public utility property, if	877
practicable. If the removal and insertion is not practicable, the	878
county auditor shall verbally or in writing within five business	879
days after receiving the written request explain to the peace	880
officer, parole officer, prosecuting attorney, assistant	881
prosecuting attorney, correctional employee, youth services	882
employee, firefighter, EMT, or investigator of the bureau of	883
criminal identification and investigation, or federal law	884
enforcement officer why the removal and insertion is	885
impracticable.	886

(C) As used in this section, "federal law enforcement	887
officer" means any officer of the United States who is authorized	888
by federal law to conduct any investigation of, and make any	889
arrest for, any offense against the United States in violation of	890
federal law.	891

Sec. 319.54.  (A) On all moneys collected by the county	892
treasurer on any tax duplicate of the county, other than estate	893
tax duplicates, and on all moneys received as advance payments of	894
personal property and classified property taxes, the county	895
auditor, on settlement with the treasurer and tax commissioner, on	896
or before the date prescribed by law for such settlement or any	897
lawful extension of such date, shall be allowed as compensation	898
for the county auditor's services the following percentages:	899

(1) On the first one hundred thousand dollars, two and	900
one-half per cent;	901

(2) On the next two million dollars, eight thousand three	902
hundred eighteen ten-thousandths of one per cent;	903

(3) On the next two million dollars, six thousand six hundred	904
fifty-five ten-thousandths of one per cent;	905

(4) On all further sums, one thousand six hundred sixty-three	906
ten-thousandths of one per cent.	907

If any settlement is not made on or before the date	908
prescribed by law for such settlement or any lawful extension of	909
such date, the aggregate compensation allowed to the auditor shall	910
be reduced one per cent for each day such settlement is delayed	911
after the prescribed date. No penalty shall apply if the auditor	912
and treasurer grant all requests for advances up to ninety per	913
cent of the settlement pursuant to section 321.34 of the Revised	914
Code. The compensation allowed in accordance with this section on	915
settlements made before the dates prescribed by law, or the	916
reduced compensation allowed in accordance with this section on	917
settlements made after the date prescribed by law or any lawful	918
extension of such date, shall be apportioned ratably by the	919
auditor and deducted from the shares or portions of the revenue	920
payable to the state as well as to the county, townships,	921
municipal corporations, and school districts.	922

(B) For the purpose of reimbursing county auditors for the	923
expenses associated with the increased number of applications for	924
reductions in real property taxes under sections 323.152 and	925
4503.065 of the Revised Code that result from the amendment of	926
those sections by Am. Sub. H.B. 119 of the 127th general assembly,	927
there shall be paid from the state's general revenue fund to the	928
county treasury, to the credit of the real estate assessment fund	929
created by section 325.31 of the Revised Code, an amount equal to	930
one per cent of the total annual amount of property tax relief	931
reimbursement paid to that county under sections 323.156 and	932
4503.068 of the Revised Code for the preceding tax year. Payments	933
made under this division shall be made at the same times and in	934
the same manner as payments made under section 323.156 of the	935
Revised Code.	936

(C) From all moneys collected by the county treasurer on any	937
tax duplicate of the county, other than estate tax duplicates, and	938
on all moneys received as advance payments of personal property	939
and classified property taxes, there shall be paid into the county	940
treasury to the credit of the real estate assessment fund created	941
by section 325.31 of the Revised Code, an amount to be determined	942
by the county auditor, which shall not exceed the percentages	943
prescribed in divisions (C)(1) and (2) of this section.	944

(1) For payments made after June 30, 2007, and before 2011,	945
the following percentages:	946

(a) On the first five hundred thousand dollars, four per	947
cent;	948

(b) On the next five million dollars, two per cent;

949

(c) On the next five million dollars, one per cent;

950

(d) On all further sums not exceeding one hundred fifty	951
million dollars, three-quarters of one per cent;	952

(e) On amounts exceeding one hundred fifty million dollars,	953
five hundred eighty-five thousandths of one per cent.	954

(2) For payments made in or after 2011, the following	955
percentages:	956

(a) On the first five hundred thousand dollars, four per	957
cent;	958

(b) On the next ten million dollars, two per cent;

959

(c) On amounts exceeding ten million five hundred thousand	960
dollars, three-fourths of one per cent.	961

Such compensation shall be apportioned ratably by the auditor	962
and deducted from the shares or portions of the revenue payable to	963
the state as well as to the county, townships, municipal	964
corporations, and school districts.	965

(D) Each county auditor shall receive four per cent of the	966
amount of tax collected and paid into the county treasury, on	967
property omitted and placed by the county auditor on the tax	968
duplicate.	969

(E) On all estate tax moneys collected by the county	970
treasurer, the county auditor, on settlement semiannually with the	971
tax commissioner, shall be allowed, as compensation for the	972
auditor's services under Chapter 5731. of the Revised Code, the	973
following percentages:	974

(1) Four per cent on the first one hundred thousand dollars;

975

(2) One-half of one per cent on all additional sums.

976

Such percentages shall be computed upon the amount collected	977
and reported at each semiannual settlement, and shall be for the	978
use of the general fund of the county.	979

(F) On all cigarette license moneys collected by the county	980
treasurer, the county auditor, on settlement semiannually with the	981
treasurer, shall be allowed as compensation for the auditor's	982
services in the issuing of such licenses one-half of one per cent	983
of such moneys, to be apportioned ratably and deducted from the	984
shares of the revenue payable to the county and subdivisions, for	985
the use of the general fund of the county.	986

(G) The county auditor shall charge and receive fees as	987
follows:	988

(1) For deeds of land sold for taxes to be paid by the	989
purchaser, five dollars;	990

(2) For the transfer or entry of land, lot, or part of lot,	991
or the transfer or entry on or after January 1, 2000, of a used	992
manufactured home or mobile home as defined in section 5739.0210	993
of the Revised Code, fifty cents for each transfer or entry, to be	994
paid by the person requiring it;	995

(3) For receiving statements of value and administering	996
section 319.202 of the Revised Code, one dollar, or ten cents for	997
each one hundred dollars or fraction of one hundred dollars,	998
whichever is greater, of the value of the real property	999
transferred or, for sales occurring on or after January 1, 2000,	1000
the value of the used manufactured home or used mobile home, as	1001
defined in section 5739.0210 of the Revised Code, transferred,	1002
except no fee shall be charged when the transfer is made:	1003

(a) To or from the United States, this state, or any	1004
instrumentality, agency, or political subdivision of the United	1005
States or this state;	1006

(b) Solely in order to provide or release security for a debt	1007
or obligation;	1008

(c) To confirm or correct a deed previously executed and	1009
recorded or when a current owner on any record made available to	1010
the general public on the internet or a publicly accessible	1011
database and the general tax list of real and public utility	1012
property and the general duplicate of real and public utility	1013
property is a peace officer, parole officer, prosecuting attorney,	1014
assistant prosecuting attorney, correctional employee, youth	1015
services employee, firefighter, EMT, or investigator of the bureau	1016
of criminal identification and investigation, or federal law	1017
enforcement officer and is changing the current owner name listed	1018
on any record made available to the general public on the internet	1019
or a publicly accessible database and the general tax list of real	1020
and public utility property and the general duplicate of real and	1021
public utility property to the initials of the current owner as	1022
prescribed in division (B)(1) of section 319.28 of the Revised	1023
Code;	1024

(d) To evidence a gift, in trust or otherwise and whether	1025
revocable or irrevocable, between husband and wife, or parent and	1026
child or the spouse of either;	1027

(e) On sale for delinquent taxes or assessments;

1028

(f) Pursuant to court order, to the extent that such transfer	1029
is not the result of a sale effected or completed pursuant to such	1030
order;	1031

(g) Pursuant to a reorganization of corporations or	1032
unincorporated associations or pursuant to the dissolution of a	1033
corporation, to the extent that the corporation conveys the	1034
property to a stockholder as a distribution in kind of the	1035
corporation's assets in exchange for the stockholder's shares in	1036
the dissolved corporation;	1037

(h) By a subsidiary corporation to its parent corporation for	1038
no consideration, nominal consideration, or in sole consideration	1039
of the cancellation or surrender of the subsidiary's stock;	1040

(i) By lease, whether or not it extends to mineral or mineral	1041
rights, unless the lease is for a term of years renewable forever;	1042

(j) When the value of the real property or the manufactured	1043
or mobile home or the value of the interest that is conveyed does	1044
not exceed one hundred dollars;	1045

(k) Of an occupied residential property, including a	1046
manufactured or mobile home, being transferred to the builder of a	1047
new residence or to the dealer of a new manufactured or mobile	1048
home when the former residence is traded as part of the	1049
consideration for the new residence or new manufactured or mobile	1050
home;	1051

(l) To a grantee other than a dealer in real property or in	1052
manufactured or mobile homes, solely for the purpose of, and as a	1053
step in, the prompt sale of the real property or manufactured or	1054
mobile home to others;	1055

(m) To or from a person when no money or other valuable and	1056
tangible consideration readily convertible into money is paid or	1057
to be paid for the real estate or manufactured or mobile home and	1058
the transaction is not a gift;	1059

(n) Pursuant to division (B) of section 317.22 of the Revised	1060
Code, or section 2113.61 of the Revised Code, between spouses or	1061
to a surviving spouse pursuant to section 5302.17 of the Revised	1062
Code as it existed prior to April 4, 1985, between persons	1063
pursuant to section 5302.17 or 5302.18 of the Revised Code on or	1064
after April 4, 1985, to a person who is a surviving, survivorship	1065
tenant pursuant to section 5302.17 of the Revised Code on or after	1066
April 4, 1985, or pursuant to section 5309.45 of the Revised Code;	1067

(o) To a trustee acting on behalf of minor children of the	1068
deceased;	1069

(p) Of an easement or right-of-way when the value of the	1070
interest conveyed does not exceed one thousand dollars;	1071

(q) Of property sold to a surviving spouse pursuant to	1072
section 2106.16 of the Revised Code;	1073

(r) To or from an organization exempt from federal income	1074
taxation under section 501(c)(3) of the "Internal Revenue Code of	1075
1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended, provided such	1076
transfer is without consideration and is in furtherance of the	1077
charitable or public purposes of such organization;	1078

(s) Among the heirs at law or devisees, including a surviving	1079
spouse, of a common decedent, when no consideration in money is	1080
paid or to be paid for the real property or manufactured or mobile	1081
home;	1082

(t) To a trustee of a trust, when the grantor of the trust	1083
has reserved an unlimited power to revoke the trust;	1084

(u) To the grantor of a trust by a trustee of the trust, when	1085
the transfer is made to the grantor pursuant to the exercise of	1086
the grantor's power to revoke the trust or to withdraw trust	1087
assets;	1088

(v) To the beneficiaries of a trust if the fee was paid on	1089
the transfer from the grantor of the trust to the trustee or if	1090
the transfer is made pursuant to trust provisions which became	1091
irrevocable at the death of the grantor;	1092

(w) To a corporation for incorporation into a sports facility	1093
constructed pursuant to section 307.696 of the Revised Code;	1094

(x) Between persons pursuant to section 5302.18 of the	1095
Revised Code;	1096

(y) From a county land reutilization corporation organized	1097
under Chapter 1724. of the Revised Code to a third party.	1098

The auditor shall compute and collect the fee. The auditor	1099
shall maintain a numbered receipt system, as prescribed by the tax	1100
commissioner, and use such receipt system to provide a receipt to	1101
each person paying a fee. The auditor shall deposit the receipts	1102
of the fees on conveyances in the county treasury daily to the	1103
credit of the general fund of the county, except that fees charged	1104
and received under division (G)(3) of this section for a transfer	1105
of real property to a county land reutilization corporation shall	1106
be credited to the county land reutilization corporation fund	1107
established under section 321.263 of the Revised Code.	1108

The real property transfer fee provided for in division	1109
(G)(3) of this section shall be applicable to any conveyance of	1110
real property presented to the auditor on or after January 1,	1111
1968, regardless of its time of execution or delivery.	1112

The transfer fee for a used manufactured home or used mobile	1113
home shall be computed by and paid to the county auditor of the	1114
county in which the home is located immediately prior to the	1115
transfer.	1116

(H) As used in this section, "federal law enforcement	1117
officer" means any officer of the United States who is authorized	1118
by federal law to conduct any investigation of, and make any	1119
arrest for, any offense against the United States in violation of	1120
federal law.	1121

Section 2. That existing sections 149.43, 149.45, 319.28, and	1122
319.54 of the Revised Code are hereby repealed.	1123