As Passed by the House 1
123rd General Assembly 4
Regular Session Am. Sub. H. B. No. 539 5
1999-2000 6
REPRESENTATIVES GOODMAN-CORBIN-CAREY-VAN VYVEN-EVANS- 9
R. MILLER-JOLIVETTE-VESPER-JACOBSON-WILLIAMS-PRINGLE-REDFERN-
FLANNERY-O'BRIEN-DePIERO-ALLEN-HARTNETT-A. CORE-FERDERBER- 10
BUEHRER-J. BEATTY-SALERNO-VERICH-BARNES-ROMAN-STEVENS-WINKLER- 12
D. MILLER-METELSKY-SCHULER-HARRIS-BRADING-CLANCY-BARRETT-
BRITTON-MOTTLEY-TERWILLEGER-GOODING-SMITH-JONES 13
_________________________________________________________________ 14
A B I L L
To amend section 149.43 of the Revised Code to 16
exclude from the Public Records Law information 17
pertaining to the recreational activities of a
person under 18 years of age and to exclude from 18
the exception to the definition of a "public
record" peace officer residential and familial 19
information kept by local boards of elections, 20
and to amend the version of section 149.43 of the
Revised Code that is scheduled to take effect 22
July 1, 2000, to continue the provisions of this 23
act on and after that date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 25
Section 1. That section 149.43 of the Revised Code be 27
amended to read as follows: 28
Sec. 149.43. (A) As used in this section: 37
(1) "Public record" means any record that is kept by any 39
public office, including, but not limited to, state, county, 40
city, village, township, and school district units, except that 42
"public record" does not mean any of the following:
(a) Medical records; 44
(b) Records pertaining to probation and parole 46
2
proceedings;
(c) Records pertaining to actions under section 2151.85 48
and division (C) of section 2919.121 of the Revised Code and to 50
appeals of actions arising under those sections; 51
(d) Records pertaining to adoption proceedings, including 53
the contents of an adoption file maintained by the department of 54
health under section 3705.12 of the Revised Code; 55
(e) Information in a record contained in the putative 57
father registry established by section 3107.062 of the Revised 58
Code, regardless of whether the information is held by the 59
department of human services or, pursuant to section 5101.313 of 60
the Revised Code, the division of child support in the department 61
or a child support enforcement agency;
(f) Records listed in division (A) of section 3107.42 of 63
the Revised Code or specified in division (A) of section 3107.52 64
of the Revised Code;
(g) Trial preparation records; 66
(h) Confidential law enforcement investigatory records; 68
(i) Records containing information that is confidential 70
under section 2317.023 or 4112.05 of the Revised Code; 71
(j) DNA records stored in the DNA database pursuant to 74
section 109.573 of the Revised Code;
(k) Inmate records released by the department of 76
rehabilitation and correction to the department of youth services 78
or a court of record pursuant to division (E) of section 5120.21 79
of the Revised Code;
(l) Records maintained by the department of youth services 81
pertaining to children in its custody released by the department 82
of youth services to the department of rehabilitation and 83
correction pursuant to section 5139.05 of the Revised Code; 84
(m) Intellectual property records; 86
(n) Donor profile records; 88
(o) Records maintained by the department of human services 90
pursuant to section 5101.312 of the Revised Code; 91
3
(p) Peace officer residential and familial information, 93
EXCEPT TO THE EXTENT INCLUDED IN VOTER REGISTRATION RECORDS KEPT 94
AT LOCAL BOARDS OF ELECTIONS; 95
(q) In the case of a county hospital operated pursuant to 98
Chapter 339. of the Revised Code, information that constitutes a 100
trade secret, as defined in section 1333.61 of the Revised Code; 101
(q)(r) INFORMATION PERTAINING TO THE RECREATIONAL 103
ACTIVITIES OF A PERSON UNDER THE AGE OF EIGHTEEN; 105
(s) Records the release of which is prohibited by state or 107
federal law. 108
(2) "Confidential law enforcement investigatory record" 110
means any record that pertains to a law enforcement matter of a 111
criminal, quasi-criminal, civil, or administrative nature, but 112
only to the extent that the release of the record would create a 113
high probability of disclosure of any of the following: 114
(a) The identity of a suspect who has not been charged 116
with the offense to which the record pertains, or of an 117
information source or witness to whom confidentiality has been 118
reasonably promised; 119
(b) Information provided by an information source or 121
witness to whom confidentiality has been reasonably promised, 122
which information would reasonably tend to disclose the source's 123
or witness's identity; 124
(c) Specific confidential investigatory techniques or 126
procedures or specific investigatory work product; 127
(d) Information that would endanger the life or physical 129
safety of law enforcement personnel, a crime victim, a witness, 130
or a confidential information source. 131
(3) "Medical record" means any document or combination of 133
documents, except births, deaths, and the fact of admission to or 134
discharge from a hospital, that pertains to the medical history, 135
diagnosis, prognosis, or medical condition of a patient and that 136
is generated and maintained in the process of medical treatment. 137
(4) "Trial preparation record" means any record that 139
4
contains information that is specifically compiled in reasonable 140
anticipation of, or in defense of, a civil or criminal action or 141
proceeding, including the independent thought processes and 142
personal trial preparation of an attorney. 143
(5) "Intellectual property record" means a record, other 146
than a financial or administrative record, that is produced or
collected by or for faculty or staff of a state institution of 147
higher learning in the conduct of or as a result of study or 148
research on an educational, commercial, scientific, artistic, 149
technical, or scholarly issue, regardless of whether the study or 150
research was sponsored by the institution alone or in conjunction
with a governmental body or private concern, and that has not 152
been publicly released, published, or patented. 153
(6) "Donor profile record" means all records about donors 155
or 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 residential and familial information" 160
means information that discloses any of the following: 161
(a) The address of the actual personal residence of a 163
peace officer, except for the state or political subdivision in 164
which the peace officer resides; 165
(b) Information compiled from referral to or participation 167
in an employee assistance program; 168
(c) The social security number, the residential telephone 170
number, any bank account, debit card, charge card, or credit card 171
number, or the emergency telephone number of, or any medical 172
information pertaining to, a peace officer; 173
(d) The name of any beneficiary of employment benefits, 175
including, but not limited to, life insurance benefits, provided 177
to a peace officer by the peace officer's employer; 178
(e) The identity and amount of any charitable or 180
employment benefit deduction made by the peace officer's employer 181
from the peace officer's compensation unless the amount of the 182
5
deduction is required by state or federal law; 183
(f) The name, the residential address, the name of the 185
employer, the address of the employer, the social security 186
number, the residential telephone number, any bank account, debit 187
card, charge card, or credit card number, or the emergency 188
telephone number of the spouse, a former spouse, or any child of 189
a peace officer.
As used in divisions (A)(7) and (B)(5) of this section, 191
"peace officer" has the same meaning as in section 109.71 of the 193
Revised Code, except that "peace officer" does not include the 194
sheriff of a county or a supervisory employee who, in the absence 195
of the sheriff, is authorized to stand in for, exercise the 196
authority of, and perform the duties of the sheriff. 197
(8) "INFORMATION PERTAINING TO THE RECREATIONAL ACTIVITIES 199
OF A PERSON UNDER THE AGE OF EIGHTEEN" MEANS INFORMATION THAT IS 200
KEPT IN THE ORDINARY COURSE OF BUSINESS BY A PUBLIC OFFICE AND 201
THAT DISCLOSES ANY OF THE FOLLOWING: 202
(a) THE ADDRESS OR TELEPHONE NUMBER OF A PERSON UNDER THE 204
AGE OF EIGHTEEN OR THE ADDRESS OR TELEPHONE NUMBER OF THAT 205
PERSON'S PARENT, GUARDIAN, CUSTODIAN, OR EMERGENCY CONTACT 206
PERSON;
(b) THE SOCIAL SECURITY NUMBER, BIRTH DATE, OR 208
PHOTOGRAPHIC IMAGE OF A PERSON UNDER THE AGE OF EIGHTEEN; 209
(c) ANY MEDICAL RECORD, HISTORY, OR INFORMATION PERTAINING 211
TO A PERSON UNDER THE AGE OF EIGHTEEN; 212
(d) ANY ADDITIONAL INFORMATION SOUGHT OR REQUIRED ABOUT A 214
PERSON UNDER THE AGE OF EIGHTEEN FOR THE PURPOSE OF ALLOWING THAT 215
PERSON TO PARTICIPATE IN ANY RECREATIONAL ACTIVITY CONDUCTED OR 216
SPONSORED BY A PUBLIC OFFICE OR TO USE OR OBTAIN ADMISSION 218
PRIVILEGES TO ANY RECREATIONAL FACILITY OWNED OR OPERATED BY A 219
PUBLIC OFFICE.
(B)(1) Subject to division (B)(4) of this section, all 221
public records shall be promptly prepared and made available for 223
inspection to any person at all reasonable times during regular 224
6
business hours. Subject to division (B)(4) of this section, upon 225
request, a public office or person responsible for public records 226
shall make copies available at cost, within a reasonable period 227
of time. In order to facilitate broader access to public 228
records, public offices shall maintain public records in a manner 229
that they can be made available for inspection in accordance with 230
this division.
(2) If any person chooses to obtain a copy of a public 232
record in accordance with division (B)(1) of this section, the 234
public office or person responsible for the public record shall
permit that person to choose to have the public record duplicated 236
upon paper, upon the same medium upon which the public office or 237
person responsible for the public record keeps it, or upon any 239
other medium upon which the public office or person responsible
for the public record determines that it reasonably can be 241
duplicated as an integral part of the normal operations of the 242
public office or person responsible for the public record. When 243
the person seeking the copy makes a choice under this division, 244
the public office or person responsible for the public record 245
shall provide a copy of it in accordance with the choice made by 247
the person seeking the copy.
(3) Upon a request made in accordance with division (B)(1) 249
of this section, a public office or person responsible for public 250
records shall transmit a copy of a public record to any person by 251
United States mail within a reasonable period of time after 252
receiving the request for the copy. The public office or person 254
responsible for the public record may require the person making 255
the request to pay in advance the cost of postage and other 256
supplies used in the mailing. 257
Any public office may adopt a policy and procedures that it 260
will follow in transmitting, within a reasonable period of time 261
after receiving a request, copies of public records by United 263
States mail pursuant to this division. A public office that 265
adopts a policy and procedures under this division shall comply 266
7
with them in performing its duties under this division. 267
In any policy and procedures adopted under this division, a 269
public office may limit the number of records requested by a 270
person that the office will transmit by United States mail to ten 271
per month, unless the person certifies to the office in writing 272
that the person does not intend to use or forward the requested 273
records, or the information contained in them, for commercial 275
purposes. For purposes of this division, "commercial" shall be 276
narrowly construed and does not include reporting or gathering
news, reporting or gathering information to assist citizen 277
oversight or understanding of the operation or activities of 278
government, or nonprofit educational research. 279
(4) A public office or person responsible for public 281
records is not required to permit a person who is incarcerated 282
pursuant to a criminal conviction or a juvenile adjudication to 283
inspect or to obtain a copy of any public record concerning a 284
criminal investigation or prosecution or concerning what would be 285
a criminal investigation or prosecution if the subject of the 286
investigation or prosecution were an adult, unless the request to 287
inspect or to obtain a copy of the record is for the purpose of 288
acquiring information that is subject to release as a public 289
record under this section and the judge who imposed the sentence 290
or made the adjudication with respect to the person, or the 291
judge's successor in office, finds that the information sought in 292
the public record is necessary to support what appears to be a 293
justiciable claim of the person. 294
(5) Upon written request made and signed by a journalist 296
on or after the effective date of this amendment DECEMBER 16, 297
1999, a public office, or person responsible for public records, 298
having custody of the records of the agency employing a specified 299
peace officer shall disclose to the journalist the address of the 301
actual personal residence of the peace officer and, if the peace 302
officer's spouse, former spouse, or child is employed by a public 303
office, the name and address of the employer of the peace 304
8
officer's spouse, former spouse, or child. The request shall 305
include the journalist's name and title and the name and address 306
of the journalist's employer and shall state that disclosure of 307
the information sought would be in the public interest. 308
As used in division (B)(5) of this section, "journalist" 310
means a person engaged in, connected with, or employed by any 311
news medium, including a newspaper, magazine, press association, 312
news agency, or wire service, a radio or television station, or a 313
similar medium, for the purpose of gathering, processing, 314
transmitting, compiling, editing, or disseminating information 315
for the general public. 316
(C) If a person allegedly is aggrieved by the failure of a 318
public office to promptly prepare a public record and to make it 320
available to the person for inspection in accordance with
division (B) of this section, or if a person who has requested a 322
copy of a public record allegedly is aggrieved by the failure of 323
a public office or the person responsible for the public record 325
to make a copy available to the person allegedly aggrieved in 326
accordance with division (B) of this section, the person 327
allegedly aggrieved may commence a mandamus action to obtain a 328
judgment that orders the public office or the person responsible 329
for the public record to comply with division (B) of this section 330
and that awards reasonable attorney's fees to the person that 331
instituted the mandamus action. The mandamus action may be 332
commenced in the court of common pleas of the county in which 333
division (B) of this section allegedly was not complied with, in 334
the supreme court pursuant to its original jurisdiction under 335
Section 2 of Article IV, Ohio Constitution, or in the court of 336
appeals for the appellate district in which division (B) of this 337
section allegedly was not complied with pursuant to its original 338
jurisdiction under Section 3 of Article IV, Ohio Constitution. 339
(D) Chapter 1347. of the Revised Code does not limit the 341
provisions of this section. 342
(E)(1) The bureau of motor vehicles may adopt rules 344
9
pursuant to Chapter 119. of the Revised Code to reasonably limit 346
the number of bulk commercial special extraction requests made by
a person for the same records or for updated records during a 347
calendar year. The rules may include provisions for charges to 348
be made for bulk commercial special extraction requests for the 350
actual cost of the bureau, plus special extraction costs, plus 351
ten per cent. The bureau may charge for expenses for redacting 352
information, the release of which is prohibited by law. 353
(2) As used in divisions (B)(3) and (E)(1) of this 355
section:
(a) "Actual cost" means the cost of depleted supplies, 357
records storage media costs, actual mailing and alternative 358
delivery costs, or other transmitting costs, and any direct 359
equipment operating and maintenance costs, including actual costs 360
paid to private contractors for copying services. 361
(b) "Bulk commercial special extraction request" means a 363
request for copies of a record for information in a format other 364
than the format already available, or information that cannot be 365
extracted without examination of all items in a records series, 366
class of records, or data base by a person who intends to use or 367
forward the copies for surveys, marketing, solicitation, or 368
resale for commercial purposes. "Bulk commercial special 369
extraction request" does not include a request by a person who 370
gives assurance to the bureau that the person making the request 371
does not intend to use or forward the requested copies for 372
surveys, marketing, solicitation, or resale for commercial 373
purposes.
(c) "Commercial" means profit-seeking production, buying, 375
or selling of any good, service, or other product. 376
(d) "Special extraction costs" means the cost of the time 378
spent by the lowest paid employee competent to perform the task, 379
the actual amount paid to outside private contractors employed by 380
the bureau, or the actual cost incurred to create computer 381
programs to make the special extraction. "Special extraction 382
10
costs" include any charges paid to a public agency for computer
or records services. 383
(3) For purposes of divisions (E)(1) and (2) of this 386
section, "commercial surveys, marketing, solicitation, or resale" 387
shall be narrowly construed and does not include reporting or
gathering news, reporting or gathering information to assist 389
citizen oversight or understanding of the operation or activities 390
of government, or nonprofit educational research. 391
Section 2. That existing section 149.43 of the Revised 393
Code is hereby repealed. 394
Section 3. That the version of section 149.43 of the 396
Revised Code that is to take effect July 1, 2000, be amended to 397
read as follows: 398
Sec. 149.43. (A) As used in this section: 407
(1) "Public record" means any record that is kept by any 409
public office, including, but not limited to, state, county, 410
city, village, township, and school district units, except that 412
"public record" does not mean any of the following:
(a) Medical records; 414
(b) Records pertaining to probation and parole 416
proceedings;
(c) Records pertaining to actions under section 2151.85 418
and division (C) of section 2919.121 of the Revised Code and to 420
appeals of actions arising under those sections; 421
(d) Records pertaining to adoption proceedings, including 423
the contents of an adoption file maintained by the department of 424
health under section 3705.12 of the Revised Code; 425
(e) Information in a record contained in the putative 427
father registry established by section 3107.062 of the Revised 428
Code, regardless of whether the information is held by the 429
department of job and family services or, pursuant to section 431
5101.313 of the Revised Code, the division of child support in
the department or a child support enforcement agency; 432
(f) Records listed in division (A) of section 3107.42 of 434
11
the Revised Code or specified in division (A) of section 3107.52 435
of the Revised Code;
(g) Trial preparation records; 437
(h) Confidential law enforcement investigatory records; 439
(i) Records containing information that is confidential 441
under section 2317.023 or 4112.05 of the Revised Code; 442
(j) DNA records stored in the DNA database pursuant to 445
section 109.573 of the Revised Code;
(k) Inmate records released by the department of 447
rehabilitation and correction to the department of youth services 449
or a court of record pursuant to division (E) of section 5120.21 450
of the Revised Code;
(l) Records maintained by the department of youth services 452
pertaining to children in its custody released by the department 453
of youth services to the department of rehabilitation and 454
correction pursuant to section 5139.05 of the Revised Code; 455
(m) Intellectual property records; 457
(n) Donor profile records; 459
(o) Records maintained by the department of human JOB AND 461
FAMILY services pursuant to section 5101.312 of the Revised Code; 463
(p) Peace officer residential and familial information 465
,EXCEPT TO THE EXTENT INCLUDED IN VOTER REGISTRATION RECORDS KEPT 466
AT LOCAL BOARDS OF ELECTIONS; 467
(q) In the case of a county hospital operated pursuant to 470
Chapter 339. of the Revised Code, information that constitutes a 472
trade secret, as defined in section 1333.61 of the Revised Code; 473
(r) INFORMATION PERTAINING TO THE RECREATIONAL ACTIVITIES 475
OF A PERSON UNDER THE AGE OF EIGHTEEN; 476
(s) Records the release of which is prohibited by state or 478
federal law. 479
(2) "Confidential law enforcement investigatory record" 481
means any record that pertains to a law enforcement matter of a 482
criminal, quasi-criminal, civil, or administrative nature, but 483
only to the extent that the release of the record would create a 484
12
high probability of disclosure of any of the following: 485
(a) The identity of a suspect who has not been charged 487
with the offense to which the record pertains, or of an 488
information source or witness to whom confidentiality has been 489
reasonably promised; 490
(b) Information provided by an information source or 492
witness to whom confidentiality has been reasonably promised, 493
which information would reasonably tend to disclose the source's 494
or witness's identity; 495
(c) Specific confidential investigatory techniques or 497
procedures or specific investigatory work product; 498
(d) Information that would endanger the life or physical 500
safety of law enforcement personnel, a crime victim, a witness, 501
or a confidential information source. 502
(3) "Medical record" means any document or combination of 504
documents, except births, deaths, and the fact of admission to or 505
discharge from a hospital, that pertains to the medical history, 506
diagnosis, prognosis, or medical condition of a patient and that 507
is generated and maintained in the process of medical treatment. 508
(4) "Trial preparation record" means any record that 510
contains information that is specifically compiled in reasonable 511
anticipation of, or in defense of, a civil or criminal action or 512
proceeding, including the independent thought processes and 513
personal trial preparation of an attorney. 514
(5) "Intellectual property record" means a record, other 517
than a financial or administrative record, that is produced or
collected by or for faculty or staff of a state institution of 518
higher learning in the conduct of or as a result of study or 519
research on an educational, commercial, scientific, artistic, 520
technical, or scholarly issue, regardless of whether the study or 521
research was sponsored by the institution alone or in conjunction
with a governmental body or private concern, and that has not 523
been publicly released, published, or patented. 524
(6) "Donor profile record" means all records about donors 526
13
or potential donors to a public institution of higher education 527
except the names and reported addresses of the actual donors and 528
the date, amount, and conditions of the actual donation. 529
(7) "Peace officer residential and familial information" 531
means information that discloses any of the following: 532
(a) The address of the actual personal residence of a 534
peace officer, except for the state or political subdivision in 535
which the peace officer resides; 536
(b) Information compiled from referral to or participation 538
in an employee assistance program; 539
(c) The social security number, the residential telephone 541
number, any bank account, debit card, charge card, or credit card 542
number, or the emergency telephone number of, or any medical 543
information pertaining to, a peace officer; 544
(d) The name of any beneficiary of employment benefits, 546
including, but not limited to, life insurance benefits, provided 548
to a peace officer by the peace officer's employer; 549
(e) The identity and amount of any charitable or 551
employment benefit deduction made by the peace officer's employer 552
from the peace officer's compensation unless the amount of the 553
deduction is required by state or federal law; 554
(f) The name, the residential address, the name of the 556
employer, the address of the employer, the social security 557
number, the residential telephone number, any bank account, debit 558
card, charge card, or credit card number, or the emergency 559
telephone number of the spouse, a former spouse, or any child of 560
a peace officer.
As used in divisions (A)(7) and (B)(5) of this section, 562
"peace officer" has the same meaning as in section 109.71 of the 564
Revised Code, except that "peace officer" does not include the 565
sheriff of a county or a supervisory employee who, in the absence 566
of the sheriff, is authorized to stand in for, exercise the 567
authority of, and perform the duties of the sheriff. 568
(8) "INFORMATION PERTAINING TO THE RECREATIONAL ACTIVITIES 570
14
OF A PERSON UNDER THE AGE OF EIGHTEEN" MEANS INFORMATION THAT IS 572
KEPT IN THE ORDINARY COURSE OF BUSINESS BY A PUBLIC OFFICE AND 573
THAT DISCLOSES ANY OF THE FOLLOWING: 574
(a) THE ADDRESS OR TELEPHONE NUMBER OF A PERSON UNDER THE 576
AGE OF EIGHTEEN OR THE ADDRESS OR TELEPHONE NUMBER OF THAT 577
PERSON'S PARENT, GUARDIAN, CUSTODIAN, OR EMERGENCY CONTACT 578
PERSON;
(b) THE SOCIAL SECURITY NUMBER, BIRTH DATE, OR 580
PHOTOGRAPHIC IMAGE OF A PERSON UNDER THE AGE OF EIGHTEEN; 581
(c) ANY MEDICAL RECORD, HISTORY, OR INFORMATION PERTAINING 583
TO A PERSON UNDER THE AGE OF EIGHTEEN; 584
(d) ANY ADDITIONAL INFORMATION SOUGHT OR REQUIRED ABOUT A 586
PERSON UNDER THE AGE OF EIGHTEEN FOR THE PURPOSE OF ALLOWING THAT 587
PERSON TO PARTICIPATE IN ANY RECREATIONAL ACTIVITY CONDUCTED OR 588
SPONSORED BY A PUBLIC OFFICE OR TO USE OR OBTAIN ADMISSION 590
PRIVILEGES TO ANY RECREATIONAL FACILITY OWNED OR OPERATED BY A 591
PUBLIC OFFICE.
(B)(1) Subject to division (B)(4) of this section, all 593
public records shall be promptly prepared and made available for 595
inspection to any person at all reasonable times during regular 596
business hours. Subject to division (B)(4) of this section, upon 597
request, a public office or person responsible for public records 598
shall make copies available at cost, within a reasonable period 599
of time. In order to facilitate broader access to public 600
records, public offices shall maintain public records in a manner 601
that they can be made available for inspection in accordance with 602
this division.
(2) If any person chooses to obtain a copy of a public 604
record in accordance with division (B)(1) of this section, the 606
public office or person responsible for the public record shall
permit that person to choose to have the public record duplicated 608
upon paper, upon the same medium upon which the public office or 609
person responsible for the public record keeps it, or upon any 611
other medium upon which the public office or person responsible
15
for the public record determines that it reasonably can be 613
duplicated as an integral part of the normal operations of the 614
public office or person responsible for the public record. When 615
the person seeking the copy makes a choice under this division, 616
the public office or person responsible for the public record 617
shall provide a copy of it in accordance with the choice made by 619
the person seeking the copy.
(3) Upon a request made in accordance with division (B)(1) 621
of this section, a public office or person responsible for public 622
records shall transmit a copy of a public record to any person by 623
United States mail within a reasonable period of time after 624
receiving the request for the copy. The public office or person 626
responsible for the public record may require the person making 627
the request to pay in advance the cost of postage and other 628
supplies used in the mailing. 629
Any public office may adopt a policy and procedures that it 632
will follow in transmitting, within a reasonable period of time 633
after receiving a request, copies of public records by United 635
States mail pursuant to this division. A public office that 637
adopts a policy and procedures under this division shall comply 638
with them in performing its duties under this division. 639
In any policy and procedures adopted under this division, a 641
public office may limit the number of records requested by a 642
person that the office will transmit by United States mail to ten 643
per month, unless the person certifies to the office in writing 644
that the person does not intend to use or forward the requested 645
records, or the information contained in them, for commercial 647
purposes. For purposes of this division, "commercial" shall be 648
narrowly construed and does not include reporting or gathering
news, reporting or gathering information to assist citizen 649
oversight or understanding of the operation or activities of 650
government, or nonprofit educational research. 651
(4) A public office or person responsible for public 653
records is not required to permit a person who is incarcerated 654
16
pursuant to a criminal conviction or a juvenile adjudication to 655
inspect or to obtain a copy of any public record concerning a 656
criminal investigation or prosecution or concerning what would be 657
a criminal investigation or prosecution if the subject of the 658
investigation or prosecution were an adult, unless the request to 659
inspect or to obtain a copy of the record is for the purpose of 660
acquiring information that is subject to release as a public 661
record under this section and the judge who imposed the sentence 662
or made the adjudication with respect to the person, or the 663
judge's successor in office, finds that the information sought in 664
the public record is necessary to support what appears to be a 665
justiciable claim of the person. 666
(5) Upon written request made and signed by a journalist 668
on or after the effective date of this amendment DECEMBER 16, 669
1999, a public office, or person responsible for public records, 671
having custody of the records of the agency employing a specified 672
peace officer shall disclose to the journalist the address of the 674
actual personal residence of the peace officer and, if the peace 675
officer's spouse, former spouse, or child is employed by a public 676
office, the name and address of the employer of the peace 677
officer's spouse, former spouse, or child. The request shall 678
include the journalist's name and title and the name and address 679
of the journalist's employer and shall state that disclosure of 680
the information sought would be in the public interest. 681
As used in division (B)(5) of this section, "journalist" 683
means a person engaged in, connected with, or employed by any 684
news medium, including a newspaper, magazine, press association, 685
news agency, or wire service, a radio or television station, or a 686
similar medium, for the purpose of gathering, processing, 687
transmitting, compiling, editing, or disseminating information 688
for the general public. 689
(C) If a person allegedly is aggrieved by the failure of a 691
public office to promptly prepare a public record and to make it 693
available to the person for inspection in accordance with
17
division (B) of this section, or if a person who has requested a 695
copy of a public record allegedly is aggrieved by the failure of 696
a public office or the person responsible for the public record 698
to make a copy available to the person allegedly aggrieved in 699
accordance with division (B) of this section, the person 700
allegedly aggrieved may commence a mandamus action to obtain a 701
judgment that orders the public office or the person responsible 702
for the public record to comply with division (B) of this section 703
and that awards reasonable attorney's fees to the person that 704
instituted the mandamus action. The mandamus action may be 705
commenced in the court of common pleas of the county in which 706
division (B) of this section allegedly was not complied with, in 707
the supreme court pursuant to its original jurisdiction under 708
Section 2 of Article IV, Ohio Constitution, or in the court of 709
appeals for the appellate district in which division (B) of this 710
section allegedly was not complied with pursuant to its original 711
jurisdiction under Section 3 of Article IV, Ohio Constitution. 712
(D) Chapter 1347. of the Revised Code does not limit the 714
provisions of this section. 715
(E)(1) The bureau of motor vehicles may adopt rules 717
pursuant to Chapter 119. of the Revised Code to reasonably limit 719
the number of bulk commercial special extraction requests made by
a person for the same records or for updated records during a 720
calendar year. The rules may include provisions for charges to 721
be made for bulk commercial special extraction requests for the 723
actual cost of the bureau, plus special extraction costs, plus 724
ten per cent. The bureau may charge for expenses for redacting 725
information, the release of which is prohibited by law. 726
(2) As used in divisions (B)(3) and (E)(1) of this 728
section:
(a) "Actual cost" means the cost of depleted supplies, 730
records storage media costs, actual mailing and alternative 731
delivery costs, or other transmitting costs, and any direct 732
equipment operating and maintenance costs, including actual costs 733
18
paid to private contractors for copying services. 734
(b) "Bulk commercial special extraction request" means a 736
request for copies of a record for information in a format other 737
than the format already available, or information that cannot be 738
extracted without examination of all items in a records series, 739
class of records, or data base by a person who intends to use or 740
forward the copies for surveys, marketing, solicitation, or 741
resale for commercial purposes. "Bulk commercial special 742
extraction request" does not include a request by a person who 743
gives assurance to the bureau that the person making the request 744
does not intend to use or forward the requested copies for 745
surveys, marketing, solicitation, or resale for commercial 746
purposes.
(c) "Commercial" means profit-seeking production, buying, 748
or selling of any good, service, or other product. 749
(d) "Special extraction costs" means the cost of the time 751
spent by the lowest paid employee competent to perform the task, 752
the actual amount paid to outside private contractors employed by 753
the bureau, or the actual cost incurred to create computer 754
programs to make the special extraction. "Special extraction 755
costs" include any charges paid to a public agency for computer
or records services. 756
(3) For purposes of divisions (E)(1) and (2) of this 759
section, "commercial surveys, marketing, solicitation, or resale" 760
shall be narrowly construed and does not include reporting or
gathering news, reporting or gathering information to assist 762
citizen oversight or understanding of the operation or activities 763
of government, or nonprofit educational research. 764
Section 4. That the existing version of section 149.43 of 766
the Revised Code that is to take effect July 1, 2000, is hereby 767
repealed.
Section 5. Section 149.43 of the Revised Code is presented 769
in Section 1 of this act as a composite of the section as amended 771
by both Am. Sub. S.B. 55 and Am. Sub. S.B. 78 of the 123rd 772
19
General Assembly, with the new language of neither of the acts 773
shown in capital letters. This is in recognition of the 774
principle stated in division (B) of section 1.52 of the Revised 775
Code that such amendments are to be harmonized where not 776
substantively irreconcilable and constitutes a legislative 777
finding that such is the resulting version in effect prior to 778
July 1, 2000.