As Passed by the House 1
123rd General Assembly 4
Regular Session Am. Sub. S. B. No. 78 5
1999-2000 6
SENATORS OELSLAGER-CUPP-DiDONATO-MUMPER-WATTS-HOTTINGER-BRADY- 8
REPRESENTATIVES JACOBSON-WILLIAMS-BUEHRER-AMSTUTZ-THOMAS-GOODMAN- 9
JOLIVETTE-VAN VYVEN-TIBERI-MOTTLEY-PETERSON-KRUPINSKI 10
_________________________________________________________________ 11
A B I L L
To amend section 149.43 of the Revised Code to 13
generally grant members of the public the option 15
of choosing the medium in which they will receive
copies of public records, to require a public 16
office to transmit copies of a public record
through the United States mail if so requested, 17
and to generally exclude peace officer 18
residential and familial information from the
scope of the Open Records Law. 19
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 21
Section 1. That section 149.43 of the Revised Code be 23
amended to read as follows: 24
Sec. 149.43. (A) As used in this section: 33
(1) "Public record" means any record that is kept by any 35
public office, including, but not limited to, state, county, 36
city, village, township, and school district units, except that 38
"public record" does not mean any of the following:
(a) Medical records; 40
(b) Records pertaining to probation and parole 42
proceedings;
(c) Records pertaining to actions under section 2151.85 44
and division (C) of section 2919.121 of the Revised Code and to 46
appeals of actions arising under those sections; 47
(d) Records pertaining to adoption proceedings, including 49
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the contents of an adoption file maintained by the department of 50
health under section 3705.12 of the Revised Code; 51
(e) Information in a record contained in the putative 53
father registry established by section 3107.062 of the Revised 54
Code, regardless of whether the information is held by the 55
department of human services or, pursuant to section 5101.313 of 56
the Revised Code, the division of child support in the department 57
or a child support enforcement agency;
(f) Records listed in division (A) of section 3107.42 of 59
the Revised Code or specified in division (A) of section 3107.52 60
of the Revised Code;
(g) Trial preparation records; 62
(h) Confidential law enforcement investigatory records; 64
(i) Records containing information that is confidential 66
under section 2317.023 or 4112.05 of the Revised Code; 67
(j) DNA records stored in the DNA database pursuant to 70
section 109.573 of the Revised Code;
(k) Inmate records released by the department of 72
rehabilitation and correction to the department of youth services 74
or a court of record pursuant to division (E) of section 5120.21 75
of the Revised Code;
(l) Records maintained by the department of youth services 77
pertaining to children in its custody released by the department 78
of youth services to the department of rehabilitation and 79
correction pursuant to section 5139.05 of the Revised Code; 80
(m) Intellectual property records; 82
(n) Donor profile records; 84
(o) Records maintained by the department of human services 86
pursuant to section 5101.312 of the Revised Code; 87
(p) PEACE OFFICER RESIDENTIAL AND FAMILIAL INFORMATION; 89
(q) Records the release of which is prohibited by state or 91
federal law. 92
(2) "Confidential law enforcement investigatory record" 94
means any record that pertains to a law enforcement matter of a 95
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criminal, quasi-criminal, civil, or administrative nature, but 96
only to the extent that the release of the record would create a 97
high probability of disclosure of any of the following: 98
(a) The identity of a suspect who has not been charged 100
with the offense to which the record pertains, or of an 101
information source or witness to whom confidentiality has been 102
reasonably promised; 103
(b) Information provided by an information source or 105
witness to whom confidentiality has been reasonably promised, 106
which information would reasonably tend to disclose the source's 107
or witness's identity; 108
(c) Specific confidential investigatory techniques or 110
procedures or specific investigatory work product; 111
(d) Information that would endanger the life or physical 113
safety of law enforcement personnel, a crime victim, a witness, 114
or a confidential information source. 115
(3) "Medical record" means any document or combination of 117
documents, except births, deaths, and the fact of admission to or 118
discharge from a hospital, that pertains to the medical history, 119
diagnosis, prognosis, or medical condition of a patient and that 120
is generated and maintained in the process of medical treatment. 121
(4) "Trial preparation record" means any record that 123
contains information that is specifically compiled in reasonable 124
anticipation of, or in defense of, a civil or criminal action or 125
proceeding, including the independent thought processes and 126
personal trial preparation of an attorney. 127
(5) "Intellectual property record" means a record, other 130
than a financial or administrative record, that is produced or
collected by or for faculty or staff of a state institution of 131
higher learning in the conduct of or as a result of study or 132
research on an educational, commercial, scientific, artistic, 133
technical, or scholarly issue, regardless of whether the study or 134
research was sponsored by the institution alone or in conjunction
with a governmental body or private concern, and that has not 136
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been publicly released, published, or patented. 137
(6) "Donor profile record" means all records about donors 139
or potential donors to a public institution of higher education 140
except the names and reported addresses of the actual donors and 141
the date, amount, and conditions of the actual donation. 142
(7) "PEACE OFFICER RESIDENTIAL AND FAMILIAL INFORMATION" 144
MEANS INFORMATION THAT DISCLOSES ANY OF THE FOLLOWING: 145
(a) THE ADDRESS OF THE ACTUAL PERSONAL RESIDENCE OF A 147
PEACE OFFICER, EXCEPT FOR THE STATE OR POLITICAL SUBDIVISION IN 148
WHICH THE PEACE OFFICER RESIDES; 149
(b) INFORMATION COMPILED FROM REFERRAL TO OR PARTICIPATION 151
IN AN EMPLOYEE ASSISTANCE PROGRAM; 152
(c) THE SOCIAL SECURITY NUMBER, THE RESIDENTIAL TELEPHONE 154
NUMBER, ANY BANK ACCOUNT, DEBIT CARD, CHARGE CARD, OR CREDIT CARD 155
NUMBER, OR THE EMERGENCY TELEPHONE NUMBER OF, OR ANY MEDICAL 156
INFORMATION PERTAINING TO, A PEACE OFFICER; 157
(d) THE NAME OF ANY BENEFICIARY OF EMPLOYMENT BENEFITS, 159
INCLUDING, BUT NOT LIMITED TO, LIFE INSURANCE BENEFITS, PROVIDED 161
TO A PEACE OFFICER BY THE PEACE OFFICER'S EMPLOYER; 162
(e) THE IDENTITY AND AMOUNT OF ANY CHARITABLE OR 164
EMPLOYMENT BENEFIT DEDUCTION MADE BY THE PEACE OFFICER'S EMPLOYER 165
FROM THE PEACE OFFICER'S COMPENSATION UNLESS THE AMOUNT OF THE 166
DEDUCTION IS REQUIRED BY STATE OR FEDERAL LAW; 167
(f) THE NAME, THE RESIDENTIAL ADDRESS, THE NAME OF THE 169
EMPLOYER, THE ADDRESS OF THE EMPLOYER, THE SOCIAL SECURITY 170
NUMBER, THE RESIDENTIAL TELEPHONE NUMBER, ANY BANK ACCOUNT, DEBIT 171
CARD, CHARGE CARD, OR CREDIT CARD NUMBER, OR THE EMERGENCY 172
TELEPHONE NUMBER OF THE SPOUSE, A FORMER SPOUSE, OR ANY CHILD OF 173
A PEACE OFFICER.
AS USED IN DIVISIONS (A)(7) AND (B)(5) OF THIS SECTION, 175
"PEACE OFFICER" HAS THE SAME MEANING AS IN SECTION 109.71 OF THE 177
REVISED CODE, EXCEPT THAT "PEACE OFFICER" DOES NOT INCLUDE THE 178
SHERIFF OF A COUNTY OR A SUPERVISORY EMPLOYEE WHO, IN THE ABSENCE 179
OF THE SHERIFF, IS AUTHORIZED TO STAND IN FOR, EXERCISE THE 180
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AUTHORITY OF, AND PERFORM THE DUTIES OF THE SHERIFF. 181
(B) All (1) SUBJECT TO DIVISION (B)(4) OF THIS SECTION, 184
ALL public records shall be promptly prepared and made available 185
for inspection to any person at all reasonable times during 186
regular business hours. Upon SUBJECT TO DIVISION (B)(4) OF THIS 187
SECTION, UPON request, a PUBLIC OFFICE OR person responsible for 189
public records shall make copies available at cost, within a 190
reasonable period of time. In order to facilitate broader access 191
to public records, governmental units PUBLIC OFFICES shall 192
maintain public records in a manner that they can be made 193
available for inspection in accordance with this division. 194
(2) IF ANY PERSON CHOOSES TO OBTAIN A COPY OF A PUBLIC 196
RECORD IN ACCORDANCE WITH DIVISION (B)(1) OF THIS SECTION, THE 198
PUBLIC OFFICE OR PERSON RESPONSIBLE FOR THE PUBLIC RECORD SHALL
PERMIT THAT PERSON TO CHOOSE TO HAVE THE PUBLIC RECORD DUPLICATED 200
UPON PAPER, UPON THE SAME MEDIUM UPON WHICH THE PUBLIC OFFICE OR 201
PERSON RESPONSIBLE FOR THE PUBLIC RECORD KEEPS IT, OR UPON ANY 203
OTHER MEDIUM UPON WHICH THE PUBLIC OFFICE OR PERSON RESPONSIBLE
FOR THE PUBLIC RECORD DETERMINES THAT IT REASONABLY CAN BE 205
DUPLICATED AS AN INTEGRAL PART OF THE NORMAL OPERATIONS OF THE 206
PUBLIC OFFICE OR PERSON RESPONSIBLE FOR THE PUBLIC RECORD. WHEN 207
THE PERSON SEEKING THE COPY MAKES A CHOICE UNDER THIS DIVISION, 208
THE PUBLIC OFFICE OR PERSON RESPONSIBLE FOR THE PUBLIC RECORD 209
SHALL PROVIDE A COPY OF IT IN ACCORDANCE WITH THE CHOICE MADE BY 211
THE PERSON SEEKING THE COPY.
(3) UPON A REQUEST MADE IN ACCORDANCE WITH DIVISION (B)(1) 213
OF THIS SECTION, A PUBLIC OFFICE OR PERSON RESPONSIBLE FOR PUBLIC 214
RECORDS SHALL TRANSMIT A COPY OF A PUBLIC RECORD TO ANY PERSON BY 215
UNITED STATES MAIL WITHIN A REASONABLE PERIOD OF TIME AFTER 216
RECEIVING THE REQUEST FOR THE COPY. THE PUBLIC OFFICE OR PERSON 218
RESPONSIBLE FOR THE PUBLIC RECORD MAY REQUIRE THE PERSON MAKING 219
THE REQUEST TO PAY IN ADVANCE THE COST OF POSTAGE AND OTHER 220
SUPPLIES USED IN THE MAILING. 221
ANY PUBLIC OFFICE MAY ADOPT A POLICY AND PROCEDURES THAT IT 224
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WILL FOLLOW IN TRANSMITTING, WITHIN A REASONABLE PERIOD OF TIME 225
AFTER RECEIVING A REQUEST, COPIES OF PUBLIC RECORDS BY UNITED 228
STATES MAIL PURSUANT TO THIS DIVISION. A PUBLIC OFFICE THAT 229
ADOPTS A POLICY AND PROCEDURES UNDER THIS DIVISION SHALL COMPLY 230
WITH THEM IN PERFORMING ITS DUTIES UNDER THIS DIVISION. 231
IN ANY POLICY AND PROCEDURES ADOPTED UNDER THIS DIVISION, A 233
PUBLIC OFFICE MAY LIMIT THE NUMBER OF RECORDS REQUESTED BY A 234
PERSON THAT THE OFFICE WILL TRANSMIT BY UNITED STATES MAIL TO TEN 235
PER MONTH, UNLESS THE PERSON CERTIFIES TO THE OFFICE IN WRITING 236
THAT THE PERSON DOES NOT INTEND TO USE OR FORWARD THE REQUESTED 237
RECORDS, OR THE INFORMATION CONTAINED IN THEM, FOR COMMERCIAL 239
PURPOSES. FOR PURPOSES OF THIS DIVISION, "COMMERCIAL" SHALL BE 240
NARROWLY CONSTRUED AND DOES NOT INCLUDE REPORTING OR GATHERING
NEWS, REPORTING OR GATHERING INFORMATION TO ASSIST CITIZEN 241
OVERSIGHT OR UNDERSTANDING OF THE OPERATION OR ACTIVITIES OF 242
GOVERNMENT, OR NONPROFIT EDUCATIONAL RESEARCH. 243
(4) A PUBLIC OFFICE OR PERSON RESPONSIBLE FOR PUBLIC 245
RECORDS IS NOT REQUIRED TO PERMIT A PERSON WHO IS INCARCERATED 246
PURSUANT TO A CRIMINAL CONVICTION OR A JUVENILE ADJUDICATION TO 247
INSPECT OR TO OBTAIN A COPY OF ANY PUBLIC RECORD CONCERNING A 248
CRIMINAL INVESTIGATION OR PROSECUTION OR CONCERNING WHAT WOULD BE 249
A CRIMINAL INVESTIGATION OR PROSECUTION IF THE SUBJECT OF THE 250
INVESTIGATION OR PROSECUTION WERE AN ADULT, UNLESS THE REQUEST TO 251
INSPECT OR TO OBTAIN A COPY OF THE RECORD IS FOR THE PURPOSE OF 252
ACQUIRING INFORMATION THAT IS SUBJECT TO RELEASE AS A PUBLIC 253
RECORD UNDER THIS SECTION AND THE JUDGE WHO IMPOSED THE SENTENCE 254
OR MADE THE ADJUDICATION WITH RESPECT TO THE PERSON, OR THE 255
JUDGE'S SUCCESSOR IN OFFICE, FINDS THAT THE INFORMATION SOUGHT IN 256
THE PUBLIC RECORD IS NECESSARY TO SUPPORT WHAT APPEARS TO BE A 257
JUSTICIABLE CLAIM OF THE PERSON. 258
(5) UPON WRITTEN REQUEST MADE AND SIGNED BY A JOURNALIST 260
ON OR AFTER THE EFFECTIVE DATE OF THIS AMENDMENT, A PUBLIC 262
OFFICE, OR PERSON RESPONSIBLE FOR PUBLIC RECORDS, HAVING CUSTODY
OF THE RECORDS OF THE AGENCY EMPLOYING A SPECIFIED PEACE OFFICER 263
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SHALL DISCLOSE TO THE JOURNALIST THE ADDRESS OF THE ACTUAL 265
PERSONAL RESIDENCE OF THE PEACE OFFICER AND, IF THE PEACE 266
OFFICER'S SPOUSE, FORMER SPOUSE, OR CHILD IS EMPLOYED BY A PUBLIC 267
OFFICE, THE NAME AND ADDRESS OF THE EMPLOYER OF THE PEACE 268
OFFICER'S SPOUSE, FORMER SPOUSE, OR CHILD. THE REQUEST SHALL 269
INCLUDE THE JOURNALIST'S NAME AND TITLE AND THE NAME AND ADDRESS 270
OF THE JOURNALIST'S EMPLOYER AND SHALL STATE THAT DISCLOSURE OF 271
THE INFORMATION SOUGHT WOULD BE IN THE PUBLIC INTEREST. 272
AS USED IN DIVISION (B)(5) OF THIS SECTION, "JOURNALIST" 274
MEANS A PERSON ENGAGED IN, CONNECTED WITH, OR EMPLOYED BY ANY 275
NEWS MEDIUM, INCLUDING A NEWSPAPER, MAGAZINE, PRESS ASSOCIATION, 276
NEWS AGENCY, OR WIRE SERVICE, A RADIO OR TELEVISION STATION, OR A 277
SIMILAR MEDIUM, FOR THE PURPOSE OF GATHERING, PROCESSING, 278
TRANSMITTING, COMPILING, EDITING, OR DISSEMINATING INFORMATION 279
FOR THE GENERAL PUBLIC. 280
(C) If a person allegedly is aggrieved by the failure of a 282
governmental unit PUBLIC OFFICE to promptly prepare a public 283
record and to make it available to the person for inspection in 285
accordance with division (B) of this section, or if a person who 287
has requested a copy of a public record allegedly is aggrieved by 288
the failure of a PUBLIC OFFICE OR THE person responsible for the 290
public record to make a copy available to the person allegedly 291
aggrieved in accordance with division (B) of this section, the 292
person allegedly aggrieved may commence a mandamus action to 293
obtain a judgment that orders the governmental unit PUBLIC OFFICE 294
or the person responsible for the public record to comply with 296
division (B) of this section and that awards reasonable 297
attorney's fees to the person that instituted the mandamus 298
action. The mandamus action may be commenced in the court of 299
common pleas of the county in which division (B) of this section 300
allegedly was not complied with, in the supreme court pursuant to 301
its original jurisdiction under Section 2 of Article IV, Ohio 302
Constitution, or in the court of appeals for the appellate 303
district in which division (B) of this section allegedly was not 304
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complied with pursuant to its original jurisdiction under Section 305
3 of Article IV, Ohio Constitution.
(D) Chapter 1347. of the Revised Code does not limit the 307
provisions of this section. 308
(E)(1) The bureau of motor vehicles may adopt rules 310
pursuant to Chapter 119. of the Revised Code to reasonably limit 312
the number of bulk commercial special extraction requests made by
a person for the same records or for updated records during a 313
calendar year. The rules may include provisions for charges to 314
be made for bulk commercial special extraction requests for the 316
actual cost of the bureau, plus special extraction costs, plus 317
ten per cent. The bureau may charge for expenses for redacting 318
information, the release of which is prohibited by law. 319
(2) As used in division DIVISIONS (B)(3) AND (E)(1) of 321
this section: 322
(a) "Actual cost" means the cost of depleted supplies, 324
records storage media costs, actual mailing and alternative 325
delivery costs, or other transmitting costs, and any direct 326
equipment operating and maintenance costs, including actual costs 327
paid to private contractors for copying services. 328
(b) "Bulk commercial special extraction request" means a 330
request for copies of a record for information in a format other 331
than the format already available, or information that cannot be 332
extracted without examination of all items in a records series, 333
class of records, or data base by a person who intends to use or 334
forward the copies for surveys, marketing, solicitation, or 335
resale for commercial purposes. "Bulk commercial special 336
extraction request" does not include a request by a person who 337
gives assurance to the bureau that the person making the request 338
does not intend to use or forward the requested copies for 339
surveys, marketing, solicitation, or resale for commercial 340
purposes.
(c) "Commercial" means profit-seeking production, buying, 342
or selling of any good, service, or other product. 343
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(d) "Special extraction costs" means the cost of the time 345
spent by the lowest paid employee competent to perform the task, 346
the actual amount paid to outside private contractors employed by 347
the bureau, or the actual cost incurred to create computer 348
programs to make the special extraction. "Special extraction 349
costs" include any charges paid to a public agency for computer
or records services. 350
(3) For purposes of divisions (E)(1) and (2) of this 353
section, "commercial surveys, marketing, solicitation, or resale" 354
shall be narrowly construed and does not include reporting or
gathering news, reporting or gathering information to assist 356
citizen oversight or understanding of the operation or activities 357
of government, or nonprofit educational research. 358
Section 2. That existing section 149.43 of the Revised 360
Code is hereby repealed. 361
Section 3. Division (B) of section 149.43 of the Revised 363
Code, as amended by this act, shall apply only to requests for 364
the inspection or copying of public records or releases of 365
information made on or after the effective date of that section. 366