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