As Reported by the Senate State and Local Government and Veterans 2
Affairs Committee
123rd General Assembly 5
Regular Session Sub. H. B. No. 539 6
1999-2000 7
REPRESENTATIVES GOODMAN-CORBIN-CAREY-VAN VYVEN-EVANS- 10
R. MILLER-JOLIVETTE-VESPER-JACOBSON-WILLIAMS-PRINGLE-REDFERN-
FLANNERY-O'BRIEN-DePIERO-ALLEN-HARTNETT-A. CORE-FERDERBER- 11
BUEHRER-J. BEATTY-SALERNO-VERICH-BARNES-ROMAN-STEVENS-WINKLER- 13
D. MILLER-METELSKY-SCHULER-HARRIS-BRADING-CLANCY-BARRETT-
BRITTON-MOTTLEY-TERWILLEGER-GOODING-SMITH-JONES- 15
SENATORS SPADA-SCHAFRATH
_________________________________________________________________ 17
A B I L L
To amend section 149.43 of the Revised Code to 19
exclude from the Public Records Law information 20
pertaining to the recreational activities of a
person under 18 years of age, to exclude from the 21
exception to the definition of a "public record" 22
certain peace officer residential and familial
information, to include the Superintendent and 23
troopers of the State Highway Patrol within the
definition of a peace officer for purposes of the 24
peace officer residential and familial 25
information exception, and to declare an
emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 27
Section 1. That section 149.43 of the Revised Code be 29
amended to read as follows: 30
Sec. 149.43. (A) As used in this section: 39
(1) "Public record" means any record that is kept by any 41
public office, including, but not limited to, state, county, 42
city, village, township, and school district units, except that 44
2
"public record" does not mean any of the following:
(a) Medical records; 46
(b) Records pertaining to probation and parole 48
proceedings;
(c) Records pertaining to actions under section 2151.85 50
and division (C) of section 2919.121 of the Revised Code and to 52
appeals of actions arising under those sections; 53
(d) Records pertaining to adoption proceedings, including 55
the contents of an adoption file maintained by the department of 56
health under section 3705.12 of the Revised Code; 57
(e) Information in a record contained in the putative 59
father registry established by section 3107.062 of the Revised 60
Code, regardless of whether the information is held by the 61
department of job and family services or, pursuant to section 63
5101.313 of the Revised Code, the division of child support in
the department or a child support enforcement agency; 64
(f) Records listed in division (A) of section 3107.42 of 66
the Revised Code or specified in division (A) of section 3107.52 67
of the Revised Code;
(g) Trial preparation records; 69
(h) Confidential law enforcement investigatory records; 71
(i) Records containing information that is confidential 73
under section 2317.023 or 4112.05 of the Revised Code; 74
(j) DNA records stored in the DNA database pursuant to 77
section 109.573 of the Revised Code;
(k) Inmate records released by the department of 79
rehabilitation and correction to the department of youth services 81
or a court of record pursuant to division (E) of section 5120.21 82
of the Revised Code;
(l) Records maintained by the department of youth services 84
pertaining to children in its custody released by the department 85
of youth services to the department of rehabilitation and 86
correction pursuant to section 5139.05 of the Revised Code; 87
(m) Intellectual property records; 89
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(n) Donor profile records; 91
(o) Records maintained by the department of human JOB AND 93
FAMILY services pursuant to section 5101.312 of the Revised Code; 95
(p) Peace officer residential and familial information; 97
(q) In the case of a county hospital operated pursuant to 100
Chapter 339. of the Revised Code, information that constitutes a 102
trade secret, as defined in section 1333.61 of the Revised Code; 103
(r) INFORMATION PERTAINING TO THE RECREATIONAL ACTIVITIES 105
OF A PERSON UNDER THE AGE OF EIGHTEEN; 106
(s) Records the release of which is prohibited by state or 108
federal law. 109
(2) "Confidential law enforcement investigatory record" 111
means any record that pertains to a law enforcement matter of a 112
criminal, quasi-criminal, civil, or administrative nature, but 113
only to the extent that the release of the record would create a 114
high probability of disclosure of any of the following: 115
(a) The identity of a suspect who has not been charged 117
with the offense to which the record pertains, or of an 118
information source or witness to whom confidentiality has been 119
reasonably promised; 120
(b) Information provided by an information source or 122
witness to whom confidentiality has been reasonably promised, 123
which information would reasonably tend to disclose the source's 124
or witness's identity; 125
(c) Specific confidential investigatory techniques or 127
procedures or specific investigatory work product; 128
(d) Information that would endanger the life or physical 130
safety of law enforcement personnel, a crime victim, a witness, 131
or a confidential information source. 132
(3) "Medical record" means any document or combination of 134
documents, except births, deaths, and the fact of admission to or 135
discharge from a hospital, that pertains to the medical history, 136
diagnosis, prognosis, or medical condition of a patient and that 137
is generated and maintained in the process of medical treatment. 138
4
(4) "Trial preparation record" means any record that 140
contains information that is specifically compiled in reasonable 141
anticipation of, or in defense of, a civil or criminal action or 142
proceeding, including the independent thought processes and 143
personal trial preparation of an attorney. 144
(5) "Intellectual property record" means a record, other 147
than a financial or administrative record, that is produced or
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
with a governmental body or private concern, and that has not 153
been publicly released, published, or patented. 154
(6) "Donor profile record" means all records about donors 156
or potential donors to a public institution of higher education 157
except the names and reported addresses of the actual donors and 158
the date, amount, and conditions of the actual donation. 159
(7) "Peace officer residential and familial information" 161
means information that discloses any EITHER of the following: 162
(a) ANY INFORMATION MAINTAINED IN A PERSONNEL RECORD OF A 165
PEACE OFFICER THAT DISCLOSES ANY OF THE FOLLOWING: 166
(i) The address of the actual personal residence of a 168
peace officer, except for the state or political subdivision in 169
which the peace officer resides; 170
(b)(ii) Information compiled from referral to or 172
participation in an employee assistance program; 174
(c)(iii) The social security number, the residential 176
telephone number, any bank account, debit card, charge card, or 178
credit card number, or the emergency telephone number of, or any 179
medical information pertaining to, a peace officer; 180
(d)(iv) The name of any beneficiary of employment 182
benefits, including, but not limited to, life insurance benefits, 184
provided to a peace officer by the peace officer's employer; 185
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(e)(v) The identity and amount of any charitable or 187
employment benefit deduction made by the peace officer's employer 189
from the peace officer's compensation unless the amount of the 190
deduction is required by state or federal law; 191
(f)(vi) The name, the residential address, the name of the 193
employer, the address of the employer, the social security 195
number, the residential telephone number, any bank account, debit 196
card, charge card, or credit card number, or the emergency 197
telephone number of the spouse, a former spouse, or any child of 198
a peace officer.
(b) ANY RECORD THAT IDENTIFIES A PERSON'S OCCUPATION AS A 200
PEACE OFFICER OTHER THAN STATEMENTS REQUIRED TO INCLUDE THE 201
DISCLOSURE OF THAT FACT UNDER THE CAMPAIGN FINANCE LAW. 203
As used in divisions (A)(7) and (B)(5) of this section, 205
"peace officer" has the same meaning as in section 109.71 of the 207
Revised Code, except that "peace officer" AND ALSO INCLUDES THE 208
SUPERINTENDENT AND TROOPERS OF THE STATE HIGHWAY PATROL; IT does 209
not include the sheriff of a county or a supervisory employee 210
who, in the absence of the sheriff, is authorized to stand in 211
for, exercise the authority of, and perform the duties of the 212
sheriff.
(8) "INFORMATION PERTAINING TO THE RECREATIONAL ACTIVITIES 214
OF A PERSON UNDER THE AGE OF EIGHTEEN" MEANS INFORMATION THAT IS 216
KEPT IN THE ORDINARY COURSE OF BUSINESS BY A PUBLIC OFFICE, THAT 217
PERTAINS TO THE RECREATIONAL ACTIVITIES OF A PERSON UNDER THE AGE
OF EIGHTEEN YEARS, AND THAT DISCLOSES ANY OF THE FOLLOWING: 219
(a) THE ADDRESS OR TELEPHONE NUMBER OF A PERSON UNDER THE 221
AGE OF EIGHTEEN OR THE ADDRESS OR TELEPHONE NUMBER OF THAT 222
PERSON'S PARENT, GUARDIAN, CUSTODIAN, OR EMERGENCY CONTACT 223
PERSON;
(b) THE SOCIAL SECURITY NUMBER, BIRTH DATE, OR 225
PHOTOGRAPHIC IMAGE OF A PERSON UNDER THE AGE OF EIGHTEEN; 226
(c) ANY MEDICAL RECORD, HISTORY, OR INFORMATION PERTAINING 228
TO A PERSON UNDER THE AGE OF EIGHTEEN; 229
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(d) ANY ADDITIONAL INFORMATION SOUGHT OR REQUIRED ABOUT A 231
PERSON UNDER THE AGE OF EIGHTEEN FOR THE PURPOSE OF ALLOWING THAT 232
PERSON TO PARTICIPATE IN ANY RECREATIONAL ACTIVITY CONDUCTED OR 233
SPONSORED BY A PUBLIC OFFICE OR TO USE OR OBTAIN ADMISSION 235
PRIVILEGES TO ANY RECREATIONAL FACILITY OWNED OR OPERATED BY A 236
PUBLIC OFFICE.
(B)(1) Subject to division (B)(4) of this section, all 238
public records shall be promptly prepared and made available for 240
inspection to any person at all reasonable times during regular 241
business hours. Subject to division (B)(4) of this section, upon 242
request, a public office or person responsible for public records 243
shall make copies available at cost, within a reasonable period 244
of time. In order to facilitate broader access to public 245
records, public offices shall maintain public records in a manner 246
that they can be made available for inspection in accordance with 247
this division.
(2) If any person chooses to obtain a copy of a public 249
record in accordance with division (B)(1) of this section, the 251
public office or person responsible for the public record shall
permit that person to choose to have the public record duplicated 253
upon paper, upon the same medium upon which the public office or 254
person responsible for the public record keeps it, or upon any 256
other medium upon which the public office or person responsible
for the public record determines that it reasonably can be 258
duplicated as an integral part of the normal operations of the 259
public office or person responsible for the public record. When 260
the person seeking the copy makes a choice under this division, 261
the public office or person responsible for the public record 262
shall provide a copy of it in accordance with the choice made by 264
the person seeking the copy.
(3) Upon a request made in accordance with division (B)(1) 266
of this section, a public office or person responsible for public 267
records shall transmit a copy of a public record to any person by 268
United States mail within a reasonable period of time after 269
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receiving the request for the copy. The public office or person 271
responsible for the public record may require the person making 272
the request to pay in advance the cost of postage and other 273
supplies used in the mailing. 274
Any public office may adopt a policy and procedures that it 277
will follow in transmitting, within a reasonable period of time 278
after receiving a request, copies of public records by United 280
States mail pursuant to this division. A public office that 282
adopts a policy and procedures under this division shall comply 283
with them in performing its duties under this division. 284
In any policy and procedures adopted under this division, a 286
public office may limit the number of records requested by a 287
person that the office will transmit by United States mail to ten 288
per month, unless the person certifies to the office in writing 289
that the person does not intend to use or forward the requested 290
records, or the information contained in them, for commercial 292
purposes. For purposes of this division, "commercial" shall be 293
narrowly construed and does not include reporting or gathering
news, reporting or gathering information to assist citizen 294
oversight or understanding of the operation or activities of 295
government, or nonprofit educational research. 296
(4) A public office or person responsible for public 298
records is not required to permit a person who is incarcerated 299
pursuant to a criminal conviction or a juvenile adjudication to 300
inspect or to obtain a copy of any public record concerning a 301
criminal investigation or prosecution or concerning what would be 302
a criminal investigation or prosecution if the subject of the 303
investigation or prosecution were an adult, unless the request to 304
inspect or to obtain a copy of the record is for the purpose of 305
acquiring information that is subject to release as a public 306
record under this section and the judge who imposed the sentence 307
or made the adjudication with respect to the person, or the 308
judge's successor in office, finds that the information sought in 309
the public record is necessary to support what appears to be a 310
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justiciable claim of the person. 311
(5) Upon written request made and signed by a journalist 313
on or after the effective date of this amendment DECEMBER 16, 314
1999, a public office, or person responsible for public records, 316
having custody of the records of the agency employing a specified 317
peace officer shall disclose to the journalist the address of the 319
actual personal residence of the peace officer and, if the peace 320
officer's spouse, former spouse, or child is employed by a public 321
office, the name and address of the employer of the peace 322
officer's spouse, former spouse, or child. The request shall 323
include the journalist's name and title and the name and address 324
of the journalist's employer and shall state that disclosure of 325
the information sought would be in the public interest. 326
As used in division (B)(5) of this section, "journalist" 328
means a person engaged in, connected with, or employed by any 329
news medium, including a newspaper, magazine, press association, 330
news agency, or wire service, a radio or television station, or a 331
similar medium, for the purpose of gathering, processing, 332
transmitting, compiling, editing, or disseminating information 333
for the general public. 334
(C) If a person allegedly is aggrieved by the failure of a 336
public office to promptly prepare a public record and to make it 338
available to the person for inspection in accordance with
division (B) of this section, or if a person who has requested a 340
copy of a public record allegedly is aggrieved by the failure of 341
a public office or the person responsible for the public record 343
to make a copy available to the person allegedly aggrieved in 344
accordance with division (B) of this section, the person 345
allegedly aggrieved may commence a mandamus action to obtain a 346
judgment that orders the public office or the person responsible 347
for the public record to comply with division (B) of this section 348
and that awards reasonable attorney's fees to the person that 349
instituted the mandamus action. The mandamus action may be 350
commenced in the court of common pleas of the county in which 351
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division (B) of this section allegedly was not complied with, in 352
the supreme court pursuant to its original jurisdiction under 353
Section 2 of Article IV, Ohio Constitution, or in the court of 354
appeals for the appellate district in which division (B) of this 355
section allegedly was not complied with pursuant to its original 356
jurisdiction under Section 3 of Article IV, Ohio Constitution. 357
(D) Chapter 1347. of the Revised Code does not limit the 359
provisions of this section. 360
(E)(1) The bureau of motor vehicles may adopt rules 362
pursuant to Chapter 119. of the Revised Code to reasonably limit 364
the number of bulk commercial special extraction requests made by
a person for the same records or for updated records during a 365
calendar year. The rules may include provisions for charges to 366
be made for bulk commercial special extraction requests for the 368
actual cost of the bureau, plus special extraction costs, plus 369
ten per cent. The bureau may charge for expenses for redacting 370
information, the release of which is prohibited by law. 371
(2) As used in divisions (B)(3) and (E)(1) of this 373
section:
(a) "Actual cost" means the cost of depleted supplies, 375
records storage media costs, actual mailing and alternative 376
delivery costs, or other transmitting costs, and any direct 377
equipment operating and maintenance costs, including actual costs 378
paid to private contractors for copying services. 379
(b) "Bulk commercial special extraction request" means a 381
request for copies of a record for information in a format other 382
than the format already available, or information that cannot be 383
extracted without examination of all items in a records series, 384
class of records, or data base by a person who intends to use or 385
forward the copies for surveys, marketing, solicitation, or 386
resale for commercial purposes. "Bulk commercial special 387
extraction request" does not include a request by a person who 388
gives assurance to the bureau that the person making the request 389
does not intend to use or forward the requested copies for 390
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surveys, marketing, solicitation, or resale for commercial 391
purposes.
(c) "Commercial" means profit-seeking production, buying, 393
or selling of any good, service, or other product. 394
(d) "Special extraction costs" means the cost of the time 396
spent by the lowest paid employee competent to perform the task, 397
the actual amount paid to outside private contractors employed by 398
the bureau, or the actual cost incurred to create computer 399
programs to make the special extraction. "Special extraction 400
costs" include any charges paid to a public agency for computer
or records services. 401
(3) For purposes of divisions (E)(1) and (2) of this 404
section, "commercial surveys, marketing, solicitation, or resale" 405
shall be narrowly construed and does not include reporting or
gathering news, reporting or gathering information to assist 407
citizen oversight or understanding of the operation or activities 408
of government, or nonprofit educational research. 409
Section 2. That existing section 149.43 of the Revised 411
Code is hereby repealed. 412
Section 3. This act is hereby declared to be an emergency 414
measure necessary for the immediate preservation of the public 415
peace, health, and safety. The reason for the necessity is that 416
immediate action is required for the bill's recreational 417
activities provisions to apply to the summer 2000 recreational
season. Therefore, this act shall go into immediate effect. 418