SENATORS Austria, Goodman, Randy Gardner

To amend sections 109.572 and 149.43 and to enact

1

sections 149.433, 505.381, 737.081, and 737.221 of

2

the Revised Code to require background checks on

3

firefighters and to exempt from the Public Records

4

Law specified residential and familial information

5

of a member of a fire department and certain

6

security-related information.

7

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

Section 1. That sections 109.572 and 149.43 be amended and	8
sections 149.433, 505.381, 737.081, and 737.221 of the Revised	9
Code be enacted to read as follows:	10

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	11
section 2151.86, 3301.32, 3301.541, 3319.39, 5104.012, 5104.013,	12
or 5153.111 of the Revised Code, a completed form prescribed	13
pursuant to division (C)(1) of this section, and a set of	14
fingerprint impressions obtained in the manner described in	15
division (C)(2) of this section, the superintendent of the bureau	16
of criminal identification and investigation shall conduct a	17
criminal records check in the manner described in division (B) of	18
this section to determine whether any information exists that	19
indicates that the person who is the subject of the request	20
previously has been convicted of or pleaded guilty to any of the	21
following:	22

(a) A violation of section 2903.01, 2903.02, 2903.03,	23
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	24
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	25
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	26
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	27
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	28
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	29
2925.06, or 3716.11 of the Revised Code, felonious sexual	30
penetration in violation of former section 2907.12 of the Revised	31
Code, a violation of section 2905.04 of the Revised Code as it	32
existed prior to July 1, 1996, a violation of section 2919.23 of	33
the Revised Code that would have been a violation of section	34
2905.04 of the Revised Code as it existed prior to July 1, 1996,	35
had the violation been committed prior to that date, or a	36
violation of section 2925.11 of the Revised Code that is not a	37
minor drug possession offense;	38

(b) A violation of an existing or former law of this state,	39
any other state, or the United States that is substantially	40
equivalent to any of the offenses listed in division (A)(1)(a) of	41
this section.	42

(2) On receipt of a request pursuant to section 5123.081 of	43
the Revised Code with respect to an applicant for employment in	44
any position with the department of mental retardation and	45
developmental disabilities, pursuant to section 5126.28 of the	46
Revised Code with respect to an applicant for employment in any	47
position with a county board of mental retardation and	48
developmental disabilities, or pursuant to section 5126.281 of the	49
Revised Code with respect to an applicant for employment in a	50
direct services position with an entity contracting with a county	51
board for employment, a completed form prescribed pursuant to	52
division (C)(1) of this section, and a set of fingerprint	53
impressions obtained in the manner described in division (C)(2) of	54
this section, the superintendent of the bureau of criminal	55
identification and investigation shall conduct a criminal records	56
check. The superintendent shall conduct the criminal records	57
check in the manner described in division (B) of this section to	58
determine whether any information exists that indicates that the	59
person who is the subject of the request has been convicted of or	60
pleaded guilty to any of the following:	61

(a) A violation of section 2903.01, 2903.02, 2903.03,	62
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	63
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,	64
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	65
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	66
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	67
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, or	68
3716.11 of the Revised Code;	69

(b) An existing or former municipal ordinance or law of this	70
state, any other state, or the United States that is substantially	71
equivalent to any of the offenses listed in division (A)(2)(a) of	72
this section.	73

(3) On receipt of a request pursuant to section 173.41,	74
3712.09, 3721.121, or 3722.151 of the Revised Code, a completed	75
form prescribed pursuant to division (C)(1) of this section, and a	76
set of fingerprint impressions obtained in the manner described in	77
division (C)(2) of this section, the superintendent of the bureau	78
of criminal identification and investigation shall conduct a	79
criminal records check with respect to any person who has applied	80
for employment in a position that involves providing direct care	81
to an older adult. The superintendent shall conduct the criminal	82
records check in the manner described in division (B) of this	83
section to determine whether any information exists that indicates	84
that the person who is the subject of the request previously has	85
been convicted of or pleaded guilty to any of the following:	86

(a) A violation of section 2903.01, 2903.02, 2903.03,	87
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	88
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	89
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	90
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	91
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	92
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	93
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	94
2925.22, 2925.23, or 3716.11 of the Revised Code;	95

(b) An existing or former law of this state, any other	96
state, or the United States that is substantially equivalent to	97
any of the offenses listed in division (A)(3)(a) of this section.	98

(4) On receipt of a request pursuant to section 3701.881 of	99
the Revised Code with respect to an applicant for employment with	100
a home health agency as a person responsible for the care,	101
custody, or control of a child, a completed form prescribed	102
pursuant to division (C)(1) of this section, and a set of	103
fingerprint impressions obtained in the manner described in	104
division (C)(2) of this section, the superintendent of the bureau	105
of criminal identification and investigation shall conduct a	106
criminal records check. The superintendent shall conduct the	107
criminal records check in the manner described in division (B) of	108
this section to determine whether any information exists that	109
indicates that the person who is the subject of the request	110
previously has been convicted of or pleaded guilty to any of the	111
following:	112

(a) A violation of section 2903.01, 2903.02, 2903.03,	113
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	114
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,	115
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	116
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	117
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	118
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	119
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a	120
violation of section 2925.11 of the Revised Code that is not a	121
minor drug possession offense;	122

(b) An existing or former law of this state, any other	123
state, or the United States that is substantially equivalent to	124
any of the offenses listed in division (A)(4)(a) of this section.	125

(5) On receipt of a request pursuant to section 3701.881 of	126
the Revised Code with respect to an applicant for employment with	127
a home health agency in a position that involves providing direct	128
care to an older adult, a completed form prescribed pursuant to	129
division (C)(1) of this section, and a set of fingerprint	130
impressions obtained in the manner described in division (C)(2) of	131
this section, the superintendent of the bureau of criminal	132
identification and investigation shall conduct a criminal records	133
check. The superintendent shall conduct the criminal records	134
check in the manner described in division (B) of this section to	135
determine whether any information exists that indicates that the	136
person who is the subject of the request previously has been	137
convicted of or pleaded guilty to any of the following:	138

(a) A violation of section 2903.01, 2903.02, 2903.03,	139
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	140
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	141
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	142
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	143
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	144
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	145
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	146
2925.22, 2925.23, or 3716.11 of the Revised Code;	147

(b) An existing or former law of this state, any other	148
state, or the United States that is substantially equivalent to	149
any of the offenses listed in division (A)(5)(a) of this section.	150

(6) On receipt of a request pursuant to section 505.381,	151
737.081, or 737.221 of the Revised Code, a completed form	152
prescribed pursuant to division (C)(1) of this section, and a set	153
of fingerprint impressions obtained in the manner described in	154
division (C)(2) of this section, the superintendent of the bureau	155
of criminal identification and investigation shall conduct a	156
criminal records check in the manner described in division (B) of	157
this section to determine whether any information exists that	158
indicates that the person who is the subject of the request	159
previously has been convicted of or pleaded guilty to any of the	160
following:	161

(a) A felony;

162

(b) A violation of section 2909.03 of the Revised Code;

163

(c) A violation of an existing or former law of this state,	164
any other state, or the United States that is substantially	165
equivalent to any of the offenses listed in division (A)(6)(a) or	166
(b) of this section.	167

(7) When conducting a criminal records check upon a request	168
pursuant to section 3319.39 of the Revised Code for an applicant	169
who is a teacher, in addition to the determination made under	170
division (A)(1) of this section, the superintendent shall	171
determine whether any information exists that indicates that the	172
person who is the subject of the request previously has been	173
convicted of or pleaded guilty to any offense specified in section	174
3319.31 of the Revised Code.	175

(7)(8) When conducting a criminal records check on a request	176
pursuant to section 2151.86 of the Revised Code for a person who	177
is a prospective foster caregiver or who is eighteen years old or	178
older and resides in the home of a prospective foster caregiver,	179
the superintendent, in addition to the determination made under	180
division (A)(1) of this section, shall determine whether any	181
information exists that indicates that the person has been	182
convicted of or pleaded guilty to a violation of:	183

(a) Section 2909.02 or 2909.03 of the Revised Code;

184

(b) An existing or former law of this state, any other	185
state, or the United States that is substantially equivalent to	186
section 2909.02 or 2909.03 of the Revised Code.	187

(8)(9) Not later than thirty days after the date the	188
superintendent receives the request, completed form, and	189
fingerprint impressions, the superintendent shall send the person,	190
board, or entity that made the request any information, other than	191
information the dissemination of which is prohibited by federal	192
law, the superintendent determines exists with respect to the	193
person who is the subject of the request that indicates that the	194
person previously has been convicted of or pleaded guilty to any	195
offense listed or described in division (A)(1), (2), (3), (4),	196
(5), (6), or (7), or (8) of this section, as appropriate. The	197
superintendent shall send the person, board, or entity that made	198
the request a copy of the list of offenses specified in division	199
(A)(1), (2), (3), (4), (5), (6), or (7), or (8) of this section,	200
as appropriate. If the request was made under section 3701.881 of	201
the Revised Code with regard to an applicant who may be both	202
responsible for the care, custody, or control of a child and	203
involved in providing direct care to an older adult, the	204
superintendent shall provide a list of the offenses specified in	205
divisions (A)(4) and (5) of this section.	206

(B) The superintendent shall conduct any criminal records	207
check requested under section 173.41, 505.381, 737.081, 737.221,	208
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,	209
3722.151, 5104.012, 5104.013, 5123.081, 5126.28, 5126.281, or	210
5153.111 of the Revised Code as follows:	211

(1) The superintendent shall review or cause to be reviewed	212
any relevant information gathered and compiled by the bureau under	213
division (A) of section 109.57 of the Revised Code that relates to	214
the person who is the subject of the request, including any	215
relevant information contained in records that have been sealed	216
under section 2953.32 of the Revised Code;	217

(2) If the request received by the superintendent asks for	218
information from the federal bureau of investigation, the	219
superintendent shall request from the federal bureau of	220
investigation any information it has with respect to the person	221
who is the subject of the request and shall review or cause to be	222
reviewed any information the superintendent receives from that	223
bureau.	224

(C)(1) The superintendent shall prescribe a form to obtain	225
the information necessary to conduct a criminal records check from	226
any person for whom a criminal records check is required by	227
section 173.41, 505.381, 737.081, 737.221, 2151.86, 3301.32,	228
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151,	229
5104.012, 5104.013, 5123.081, 5126.28, 5126.281, or 5153.111 of	230
the Revised Code. The form that the superintendent prescribes	231
pursuant to this division may be in a tangible format, in an	232
electronic format, or in both tangible and electronic formats.	233

(2) The superintendent shall prescribe standard impression	234
sheets to obtain the fingerprint impressions of any person for	235
whom a criminal records check is required by section 173.41,	236
505.381, 737.081, 737.221, 2151.86, 3301.32, 3301.541, 3319.39,	237
3701.881, 3712.09, 3721.121, 3722.151, 5104.012, 5104.013,	238
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. Any	239
person for whom a records check is required by any of those	240
sections shall obtain the fingerprint impressions at a county	241
sheriff's office, municipal police department, or any other entity	242
with the ability to make fingerprint impressions on the standard	243
impression sheets prescribed by the superintendent. The office,	244
department, or entity may charge the person a reasonable fee for	245
making the impressions. The standard impression sheets the	246
superintendent prescribes pursuant to this division may be in a	247
tangible format, in an electronic format, or in both tangible and	248
electronic formats.	249

(3) Subject to division (D) of this section, the	250
superintendent shall prescribe and charge a reasonable fee for	251
providing a criminal records check requested under section 173.41,	252
505.381, 737.081, 737.221, 2151.86, 3301.32, 3301.541, 3319.39,	253
3701.881, 3712.09, 3721.121, 3722.151, 5104.012, 5104.013,	254
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. The	255
person making a criminal records request under section 173.41,	256
505.381, 737.081, 737.221, 2151.86, 3301.32, 3301.541, 3319.39,	257
3701.881, 3712.09, 3721.121, 3722.151, 5104.012, 5104.013,	258
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code shall	259
pay the fee prescribed pursuant to this division. A person making	260
a request under section 3701.881 of the Revised Code for a	261
criminal records check for an applicant who may be both	262
responsible for the care, custody, or control of a child and	263
involved in providing direct care to an older adult shall pay one	264
fee for the request.	265

(4) The superintendent of the bureau of criminal	266
identification and investigation may prescribe methods of	267
forwarding fingerprint impressions and information necessary to	268
conduct a criminal records check, which methods shall include, but	269
not be limited to, an electronic method.	270

(D) A determination whether any information exists that	271
indicates that a person previously has been convicted of or	272
pleaded guilty to any offense listed or described in division	273
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or	274
(b), (A)(5)(a) or (b), (A)(6)(a) or (b), or (A)(7)(a) or (b), or	275
(A)(8)(a) or (b) of this section that is made by the	276
superintendent with respect to information considered in a	277
criminal records check in accordance with this section is valid	278
for the person who is the subject of the criminal records check	279
for a period of one year from the date upon which the	280
superintendent makes the determination. During the period in	281
which the determination in regard to a person is valid, if another	282
request under this section is made for a criminal records check	283
for that person, the superintendent shall provide the information	284
that is the basis for the superintendent's initial determination	285
at a lower fee than the fee prescribed for the initial criminal	286
records check.	287

(E) As used in this section:

288

(1) "Criminal records check" means any criminal records	289
check conducted by the superintendent of the bureau of criminal	290
identification and investigation in accordance with division (B)	291
of this section.	292

(2) "Minor drug possession offense" has the same meaning as	293
in section 2925.01 of the Revised Code.	294

(3) "Older adult" means a person age sixty or older.

295

Sec. 149.43.  (A) As used in this section:

296

(1) "Public record" means records kept by any public	297
office, including, but not limited to, state, county, city,	298
village, township, and school district units, and records	299
pertaining to the delivery of educational services by an	300
alternative school in Ohio kept by a nonprofit or for profit	301
entity operating such alternative school pursuant to section	302
3313.533 of the Revised Code. "Public record" does not mean any of	303
the following:	304

(a) Medical records;

305

(b) Records pertaining to probation and parole proceedings;

306

(c) Records pertaining to actions under section 2151.85 and	307
division (C) of section 2919.121 of the Revised Code and to	308
appeals of actions arising under those sections;	309

(d) Records pertaining to adoption proceedings, including	310
the contents of an adoption file maintained by the department of	311
health under section 3705.12 of the Revised Code;	312

(e) Information in a record contained in the putative father	313
registry established by section 3107.062 of the Revised Code,	314
regardless of whether the information is held by the department of	315
job and family services or, pursuant to section 3111.69 of the	316
Revised Code, the office of child support in the department or a	317
child support enforcement agency;	318

(f) Records listed in division (A) of section 3107.42 of the	319
Revised Code or specified in division (A) of section 3107.52 of	320
the Revised Code;	321

(g) Trial preparation records;

322

(h) Confidential law enforcement investigatory records;

323

(i) Records containing information that is confidential	324
under section 2317.023 or 4112.05 of the Revised Code;	325

(j) DNA records stored in the DNA database pursuant to	326
section 109.573 of the Revised Code;	327

(k) Inmate records released by the department of	328
rehabilitation and correction to the department of youth services	329
or a court of record pursuant to division (E) of section 5120.21	330
of the Revised Code;	331

(l) Records maintained by the department of youth services	332
pertaining to children in its custody released by the department	333
of youth services to the department of rehabilitation and	334
correction pursuant to section 5139.05 of the Revised Code;	335

(m) Intellectual property records;

336

(n) Donor profile records;

337

(o) Records maintained by the department of job and family	338
services pursuant to section 3121.894 of the Revised Code;	339

(p) Peace officer residential and familial information;

340

(q) In the case of a county hospital operated pursuant to	341
Chapter 339. of the Revised Code, information that constitutes a	342
trade secret, as defined in section 1333.61 of the Revised Code;	343

(r) Information pertaining to the recreational activities of	344
a person under the age of eighteen;	345

(s) Records provided to, statements made by review board	346
members during meetings of, and all work products of a child	347
fatality review board acting under sections 307.621 to 307.629 of	348
the Revised Code, other than the report prepared pursuant to	349
section 307.626 of the Revised Code;	350

(t) Records provided to and statements made by the executive	351
director of a public children services agency or a prosecuting	352
attorney acting pursuant to section 5153.171 of the Revised Code	353
other than the information released under that section;	354

(u) Test materials, examinations, or evaluation tools used	355
in an examination for licensure as a nursing home administrator	356
that the board of examiners of nursing home administrators	357
administers under section 4751.04 of the Revised Code or contracts	358
under that section with a private or government entity to	359
administer;	360

(v) Records the release of which is prohibited by state or	361
federal law;	362

(w) Firefighter residential and familial information.

363

(2) "Confidential law enforcement investigatory record"	364
means any record that pertains to a law enforcement matter of a	365
criminal, quasi-criminal, civil, or administrative nature, but	366
only to the extent that the release of the record would create a	367
high probability of disclosure of any of the following:	368

(a) The identity of a suspect who has not been charged with	369
the offense to which the record pertains, or of an information	370
source or witness to whom confidentiality has been reasonably	371
promised;	372

(b) Information provided by an information source or witness	373
to whom confidentiality has been reasonably promised, which	374
information would reasonably tend to disclose the source's or	375
witness's identity;	376

(c) Specific confidential investigatory techniques or	377
procedures or specific investigatory work product;	378

(d) Information that would endanger the life or physical	379
safety of law enforcement personnel, a crime victim, a witness, or	380
a confidential information source.	381

(3) "Medical record" means any document or combination of	382
documents, except births, deaths, and the fact of admission to or	383
discharge from a hospital, that pertains to the medical history,	384
diagnosis, prognosis, or medical condition of a patient and that	385
is generated and maintained in the process of medical treatment.	386

(4) "Trial preparation record" means any record that	387
contains information that is specifically compiled in reasonable	388
anticipation of, or in defense of, a civil or criminal action or	389
proceeding, including the independent thought processes and	390
personal trial preparation of an attorney.	391

(5) "Intellectual property record" means a record, other	392
than a financial or administrative record, that is produced or	393
collected by or for faculty or staff of a state institution of	394
higher learning in the conduct of or as a result of study or	395
research on an educational, commercial, scientific, artistic,	396
technical, or scholarly issue, regardless of whether the study or	397
research was sponsored by the institution alone or in conjunction	398
with a governmental body or private concern, and that has not been	399
publicly released, published, or patented.	400

(6) "Donor profile record" means all records about donors or	401
potential donors to a public institution of higher education	402
except the names and reported addresses of the actual donors and	403
the date, amount, and conditions of the actual donation.	404

(7) "Peace officer residential and familial information"	405
means either of the following:	406

(a) Any information maintained in a personnel record of a	407
peace officer that discloses any of the following:	408

(i) The address of the actual personal residence of a peace	409
officer, except for the state or political subdivision in which	410
the peace officer resides;	411

(ii) Information compiled from referral to or participation	412
in an employee assistance program;	413

(iii) The social security number, the residential telephone	414
number, any bank account, debit card, charge card, or credit card	415
number, or the emergency telephone number of, or any medical	416
information pertaining to, a peace officer;	417

(iv) The name of any beneficiary of employment benefits,	418
including, but not limited to, life insurance benefits, provided	419
to a peace officer by the peace officer's employer;	420

(v) The identity and amount of any charitable or employment	421
benefit deduction made by the peace officer's employer from the	422
peace officer's compensation unless the amount of the deduction is	423
required by state or federal law;	424

(vi) The name, the residential address, the name of the	425
employer, the address of the employer, the social security number,	426
the residential telephone number, any bank account, debit card,	427
charge card, or credit card number, or the emergency telephone	428
number of the spouse, a former spouse, or any child of a peace	429
officer.	430

(b) Any record that identifies a person's occupation as a	431
peace officer other than statements required to include the	432
disclosure of that fact under the campaign finance law.	433

As used in divisions (A)(7) and (B)(5) of this section,	434
"peace officer" has the same meaning as in section 109.71 of the	435
Revised Code and also includes the superintendent and troopers of	436
the state highway patrol; it does not include the sheriff of a	437
county or a supervisory employee who, in the absence of the	438
sheriff, is authorized to stand in for, exercise the authority of,	439
and perform the duties of the sheriff.	440

(8) "Information pertaining to the recreational activities	441
of a person under the age of eighteen" means information that is	442
kept in the ordinary course of business by a public office, that	443
pertains to the recreational activities of a person under the age	444
of eighteen years, and that discloses any of the following:	445

(a) The address or telephone number of a person under the	446
age of eighteen or the address or telephone number of that	447
person's parent, guardian, custodian, or emergency contact person;	448

(b) The social security number, birth date, or photographic	449
image of a person under the age of eighteen;	450

(c) Any medical record, history, or information pertaining	451
to a person under the age of eighteen;	452

(d) Any additional information sought or required about a	453
person under the age of eighteen for the purpose of allowing that	454
person to participate in any recreational activity conducted or	455
sponsored by a public office or to use or obtain admission	456
privileges to any recreational facility owned or operated by a	457
public office.	458

(B)(1) Subject to division (B)(4) of this section, all	459
public records shall be promptly prepared and made available for	460
inspection to any person at all reasonable times during regular	461
business hours. Subject to division (B)(4) of this section, upon	462
request, a public office or person responsible for public records	463
shall make copies available at cost, within a reasonable period of	464
time. In order to facilitate broader access to public records,	465
public offices shall maintain public records in a manner that they	466
can be made available for inspection in accordance with this	467
division.	468

(2) If any person chooses to obtain a copy of a public	469
record in accordance with division (B)(1) of this section, the	470
public office or person responsible for the public record shall	471
permit that person to choose to have the public record duplicated	472
upon paper, upon the same medium upon which the public office or	473
person responsible for the public record keeps it, or upon any	474
other medium upon which the public office or person responsible	475
for the public record determines that it reasonably can be	476
duplicated as an integral part of the normal operations of the	477
public office or person responsible for the public record. When	478
the person seeking the copy makes a choice under this division,	479
the public office or person responsible for the public record	480
shall provide a copy of it in accordance with the choice made by	481
the person seeking the copy.	482

(3) Upon a request made in accordance with division (B)(1)	483
of this section, a public office or person responsible for public	484
records shall transmit a copy of a public record to any person by	485
United States mail within a reasonable period of time after	486
receiving the request for the copy. The public office or person	487
responsible for the public record may require the person making	488
the request to pay in advance the cost of postage and other	489
supplies used in the mailing.	490

Any public office may adopt a policy and procedures that it	491
will follow in transmitting, within a reasonable period of time	492
after receiving a request, copies of public records by United	493
States mail pursuant to this division. A public office that	494
adopts a policy and procedures under this division shall comply	495
with them in performing its duties under this division.	496

In any policy and procedures adopted under this division, a	497
public office may limit the number of records requested by a	498
person that the office will transmit by United States mail to ten	499
per month, unless the person certifies to the office in writing	500
that the person does not intend to use or forward the requested	501
records, or the information contained in them, for commercial	502
purposes. For purposes of this division, "commercial" shall be	503
narrowly construed and does not include reporting or gathering	504
news, reporting or gathering information to assist citizen	505
oversight or understanding of the operation or activities of	506
government, or nonprofit educational research.	507

(4) A public office or person responsible for public records	508
is not required to permit a person who is incarcerated pursuant to	509
a criminal conviction or a juvenile adjudication to inspect or to	510
obtain a copy of any public record concerning a criminal	511
investigation or prosecution or concerning what would be a	512
criminal investigation or prosecution if the subject of the	513
investigation or prosecution were an adult, unless the request to	514
inspect or to obtain a copy of the record is for the purpose of	515
acquiring information that is subject to release as a public	516
record under this section and the judge who imposed the sentence	517
or made the adjudication with respect to the person, or the	518
judge's successor in office, finds that the information sought in	519
the public record is necessary to support what appears to be a	520
justiciable claim of the person.	521

(5) Upon written request made and signed by a journalist on	522
or after December 16, 1999, a public office, or person responsible	523
for public records, having custody of the records of the agency	524
employing a specified peace officer shall disclose to the	525
journalist the address of the actual personal residence of the	526
peace officer and, if the peace officer's spouse, former spouse,	527
or child is employed by a public office, the name and address of	528
the employer of the peace officer's spouse, former spouse, or	529
child. The request shall include the journalist's name and title	530
and the name and address of the journalist's employer and shall	531
state that disclosure of the information sought would be in the	532
public interest.	533

As used in division (B)(5) of this section, "journalist"	534
means a person engaged in, connected with, or employed by any news	535
medium, including a newspaper, magazine, press association, news	536
agency, or wire service, a radio or television station, or a	537
similar medium, for the purpose of gathering, processing,	538
transmitting, compiling, editing, or disseminating information for	539
the general public.	540

(C) If a person allegedly is aggrieved by the failure of a	541
public office to promptly prepare a public record and to make it	542
available to the person for inspection in accordance with division	543
(B) of this section, or if a person who has requested a copy of a	544
public record allegedly is aggrieved by the failure of a public	545
office or the person responsible for the public record to make a	546
copy available to the person allegedly aggrieved in accordance	547
with division (B) of this section, the person allegedly aggrieved	548
may commence a mandamus action to obtain a judgment that orders	549
the public office or the person responsible for the public record	550
to comply with division (B) of this section and that awards	551
reasonable attorney's fees to the person that instituted the	552
mandamus action. The mandamus action may be commenced in the	553
court of common pleas of the county in which division (B) of this	554
section allegedly was not complied with, in the supreme court	555
pursuant to its original jurisdiction under Section 2 of Article	556
IV, Ohio Constitution, or in the court of appeals for the	557
appellate district in which division (B) of this section allegedly	558
was not complied with pursuant to its original jurisdiction under	559
Section 3 of Article IV, Ohio Constitution.	560

(D) Chapter 1347. of the Revised Code does not limit the	561
provisions of this section.	562

(E)(1) The bureau of motor vehicles may adopt rules pursuant	563
to Chapter 119. of the Revised Code to reasonably limit the number	564
of bulk commercial special extraction requests made by a person	565
for the same records or for updated records during a calendar	566
year. The rules may include provisions for charges to be made for	567
bulk commercial special extraction requests for the actual cost of	568
the bureau, plus special extraction costs, plus ten per cent. The	569
bureau may charge for expenses for redacting information, the	570
release of which is prohibited by law.	571

(2) As used in divisions (B)(3) and (E)(1) of this section:

572

(a) "Actual cost" means the cost of depleted supplies,	573
records storage media costs, actual mailing and alternative	574
delivery costs, or other transmitting costs, and any direct	575
equipment operating and maintenance costs, including actual costs	576
paid to private contractors for copying services.	577

(b) "Bulk commercial special extraction request" means a	578
request for copies of a record for information in a format other	579
than the format already available, or information that cannot be	580
extracted without examination of all items in a records series,	581
class of records, or data base by a person who intends to use or	582
forward the copies for surveys, marketing, solicitation, or resale	583
for commercial purposes. "Bulk commercial special extraction	584
request" does not include a request by a person who gives	585
assurance to the bureau that the person making the request does	586
not intend to use or forward the requested copies for surveys,	587
marketing, solicitation, or resale for commercial purposes.	588

(c) "Commercial" means profit-seeking production, buying, or	589
selling of any good, service, or other product.	590

(d) "Special extraction costs" means the cost of the time	591
spent by the lowest paid employee competent to perform the task,	592
the actual amount paid to outside private contractors employed by	593
the bureau, or the actual cost incurred to create computer	594
programs to make the special extraction. "Special extraction	595
costs" include any charges paid to a public agency for computer or	596
records services.	597

(3) For purposes of divisions (E)(1) and (2) of this	598
section, "commercial surveys, marketing, solicitation, or resale"	599
shall be narrowly construed and does not include reporting or	600
gathering news, reporting or gathering information to assist	601
citizen oversight or understanding of the operation or activities	602
of government, or nonprofit educational research.	603

Sec. 149.433. (A) As used in this section:

604

(1) "Act of terrorism" has the same meaning as in section	605
2909.21 of the Revised Code.	606

(2) "Infrastructure record" means any record that discloses	607
the configuration of a public office's critical systems including,	608
but not limited to, communication, computer, electrical,	609
mechanical, ventilation, water, and plumbing systems, security	610
codes, or the infrastructure or structural configuration of the	611
building in which a public office is located. "Infrastructure	612
record" does not mean a simple floor plan that discloses only the	613
spatial relationship of components of a public office or the	614
building in which a public office is located.	615

(3) "Security record" means either of the following:

616

(a) Any record that contains information directly used for	617
protecting or maintaining the security of a public office against	618
attack, interference, or sabotage;	619

(b) Any record assembled, prepared, or maintained by a	620
public office or public body to prevent, mitigate, or respond to	621
acts of terrorism, including any of the following:	622

(i) Those portions of records containing specific and	623
unique vulnerability assessments or specific and unique response	624
plans either of which is intended to prevent or mitigate acts of	625
terrorism, and communication codes or deployment plans of law	626
enforcement or emergency response personnel;	627

(ii) Specific intelligence information and specific	628
investigative records shared by federal and international law	629
enforcement agencies with state and local law enforcement and	630
public safety agencies;	631

(iii) National security records classified under federal	632
executive order and not subject to public disclosure under federal	633
law that are shared by federal agencies, and other records related	634
to national security briefings to assist state and local	635
government with domestic preparedness for acts of terrorism.	636

(B) A record kept by a public office that is a security	637
record or an infrastructure record is not a public record under	638
section 149.43 of the Revised Code and is not subject to mandatory	639
release or disclosure under that section.	640

(C) Notwithstanding any other section of the Revised Code, a	641
public office's or a public employee's disclosure of a security	642
record or infrastructure record that is necessary for	643
construction, renovation, or remodeling work on any public	644
building or project does not constitute public disclosure for	645
purposes of waiving division (B) of this section and does not	646
result in that record becoming a public record for purposes of	647
section 149.43 of the Revised Code.	648

Sec. 505.381. (A) The fire chief of a township or fire	649
district shall request the superintendent of BCII to conduct a	650
criminal records check with respect to any person who is under	651
final consideration for appointment or employment as a full-time	652
paid firefighter and may request the superintendent of BCII to	653
conduct a criminal records check with respect to any person who is	654
under final consideration for appointment as a volunteer	655
firefighter.	656

(B) If a person subject to a criminal records check does not	657
present proof that the person has been a resident of this state	658
for the five-year period immediately prior to the date upon which	659
the criminal records check is requested or does not provide	660
evidence that within that five-year period the superintendent of	661
BCII has requested information about the person from the federal	662
bureau of investigation in a criminal records check, the fire	663
chief of the township or fire district may request that the	664
superintendent of BCII obtain information from the federal bureau	665
of investigation as a part of the criminal records check. If the	666
person subject to the criminal records check presents proof that	667
the person has been a resident of this state for that five-year	668
period, the fire chief may request that the superintendent of BCII	669
include information from the federal bureau of investigation in	670
the criminal records check.	671

A fire chief required by division (A) of this section to	672
request a criminal records check shall provide to each person	673
subject to a criminal records check a copy of the form prescribed	674
pursuant to division (C)(1) of section 109.572 of the Revised Code	675
and a standard impression sheet to obtain fingerprint impressions	676
prescribed pursuant to division (C)(2) of section 109.572 of the	677
Revised Code, obtain the completed form and impression sheet from	678
the person, and forward the completed form and impression sheet to	679
the superintendent of BCII at the time the criminal records check	680
is requested.	681

Any person subject to a criminal records check who receives	682
pursuant to this division a copy of the form prescribed pursuant	683
to division (C)(1) of section 109.572 of the Revised Code and a	684
copy of an impression sheet prescribed pursuant to division (C)(2)	685
of that section and who is requested to complete the form and	686
provide a set of fingerprint impressions shall complete the form	687
or provide all the information necessary to complete the form and	688
shall provide the impression sheet with the impressions of the	689
person's fingerprints. If a person subject to a criminal records	690
check, upon request, fails to provide the information necessary to	691
complete the form or fails to provide impressions of the person's	692
fingerprints, the appointing authority shall not appoint or employ	693
the person as a permanent full-time paid firefighter or a	694
volunteer firefighter.	695

(C)(1) No appointing authority shall appoint or employ a	696
person as a permanent full-time paid firefighter or a volunteer	697
firefighter if the person previously has been convicted of or	698
pleaded guilty to any of the following, unless the person meets	699
rehabilitation standards established in rules adopted under	700
division (F) of this section:	701

(a) A felony;

702

(b) A violation of section 2909.03 of the Revised Code;

703

(c) A violation of an existing or former law of this state,	704
any other state, or the United States that is substantially	705
equivalent to any of the offenses described in division (C)(1)(a)	706
or (b) of this section.	707

(2) The appointing authority may appoint or employ a person	708
as a permanent full-time paid firefighter or volunteer firefighter	709
conditionally until the criminal records check required by this	710
section is completed and the fire chief receives the results of	711
the criminal records check. If the results of the criminal	712
records check indicate that, pursuant to division (C)(1) of this	713
section, the person subject to the criminal records check does not	714
qualify for appointment or employment, the fire chief shall	715
release the person from appointment or employment.	716

(D) The fire chief shall pay to the bureau of criminal	717
identification and investigation the fee prescribed pursuant to	718
division (C)(3) of section 109.572 of the Revised Code for each	719
criminal records check conducted in accordance with that section	720
upon a request pursuant to division (A) of this section. The fire	721
chief may charge the person subject to the criminal records check	722
a fee for the costs the fire chief incurs in obtaining the	723
criminal records check. A fee charged under this division shall	724
not exceed the amount of fees the fire chief pays for the criminal	725
records check. If a fee is charged under this division, the fire	726
chief shall notify the person who is the applicant at the time of	727
the person's initial application for appointment or employment of	728
the amount of the fee and that, unless the fee is paid, the person	729
who is the applicant will not be considered for appointment or	730
employment.	731

(E) The report of any criminal records check conducted by	732
the bureau of criminal identification and investigation in	733
accordance with section 109.572 of the Revised Code and pursuant	734
to a request made under division (A) of this section is not a	735
public record for the purposes of section 149.43 of the Revised	736
Code and shall not be made available to any person other than the	737
person who is the subject of the criminal records check or the	738
person's representative or the fire chief requesting the criminal	739
records check or the fire chief's representative.	740

(F) The appointing authority shall adopt rules in accordance	741
with Chapter 119. of the Revised Code to implement this section.	742
The rules shall include rehabilitation standards a person who has	743
been convicted of or pleaded guilty to an offense listed in	744
division (C)(1) of this section must meet for the appointing	745
authority to appoint or employ the person as a permanent full-time	746
paid firefighter or a volunteer firefighter.	747

(G) The fire chief who requests a criminal records check	748
shall inform each person who is the applicant, at the time of the	749
person's initial application for appointment or employment that	750
the person subject to the criminal records check is required to	751
provide a set of impressions of the person's fingerprints and that	752
a criminal records check is required to be conducted and	753
satisfactorily completed in accordance with section 109.572 of the	754
Revised Code.	755

(H) As used in this section:

756

(1) "Appointing authority" means any person or body that has	757
the authority to hire, appoint, or employ permanent, full-time	758
paid firefighters and volunteer firefighters under sections	759
505.39, 737.08, and 737.22 of the Revised Code.	760

(2) "Criminal records check" has the same meaning as in	761
section 109.572 of the Revised Code.	762

(3) "Superintendent of BCII" has the same meaning as in	763
section 2151.86 of the Revised Code.	764

Sec. 737.081. (A) The fire chief of a city fire department	765
shall request the superintendent of BCII to conduct a criminal	766
records check with respect to any person who is under final	767
consideration for appointment or employment as a full-time paid	768
firefighter and may request the superintendent of BCII to conduct	769
a criminal records check with respect to any person who is under	770
final consideration for appointment as a volunteer firefighter.	771

(B) If a person subject to a criminal records check does not	772
present proof that the person has been a resident of this state	773
for the five-year period immediately prior to the date upon which	774
the criminal records check is requested or does not provide	775
evidence that within that five-year period the superintendent of	776
BCII has requested information about the person from the federal	777
bureau of investigation in a criminal records check, the fire	778
chief of the city may request that the superintendent of BCII	779
obtain information from the federal bureau of investigation as a	780
part of the criminal records check. If the person subject to the	781
criminal records check presents proof that the person has been a	782
resident of this state for that five-year period, the fire chief	783
may request that the superintendent of BCII include information	784
from the federal bureau of investigation in the criminal records	785
check.	786

A fire chief required by division (A) of this section to	787
request a criminal records check shall provide to each person	788
subject to a criminal records check a copy of the form prescribed	789
pursuant to division (C)(1) of section 109.572 of the Revised Code	790
and a standard impression sheet to obtain fingerprint impressions	791
prescribed pursuant to division (C)(2) of section 109.572 of the	792
Revised Code, obtain the completed form and impression sheet from	793
the person, and forward the completed form and impression sheet to	794
the superintendent of BCII at the time the criminal records check	795
is requested.	796

Any person subject to a criminal records check who receives	797
pursuant to this division a copy of the form prescribed pursuant	798
to division (C)(1) of section 109.572 of the Revised Code and a	799
copy of an impression sheet prescribed pursuant to division (C)(2)	800
of that section and who is requested to complete the form and	801
provide a set of fingerprint impressions shall complete the form	802
or provide all the information necessary to complete the form and	803
shall provide the impression sheet with the impressions of the	804
person's fingerprints. If a person subject to a criminal records	805
check, upon request, fails to provide the information necessary to	806
complete the form or fails to provide impressions of the person's	807
fingerprints, the appointing authority shall not appoint or employ	808
the person as a permanent full-time paid firefighter or a	809
volunteer firefighter.	810

(C)(1) No appointing authority shall appoint or employ a	811
person as a permanent full-time paid firefighter or a volunteer	812
firefighter if the person previously has been convicted of or	813
pleaded guilty to any of the following, unless the person meets	814
rehabilitation standards established in rules adopted under	815
division (F) of this section:	816

(a) A felony;

817

(b) A violation of section 2909.03 of the Revised Code;

818

(c) An existing or former law of this state, any other state,	819
or the United States that is substantially equivalent to any	820
offense listed in division (C)(1)(a) or (b) of this section.	821

(2) The appointing authority may appoint or employ a person	822
as a permanent full-time paid firefighter or volunteer firefighter	823
conditionally until the criminal records check required by this	824
section is completed and the fire chief receives the results of	825
the criminal records check. If the results of the criminal	826
records check indicate that, pursuant to division (C)(1) of this	827
section, the person subject to the criminal records check does not	828
qualify for appointment or employment, the fire chief shall	829
release the person from appointment or employment.	830

(D) The fire chief shall pay to the bureau of criminal	831
identification and investigation the fee prescribed pursuant to	832
division (C)(3) of section 109.572 of the Revised Code for each	833
criminal records check conducted in accordance with that section	834
upon a request pursuant to division (A) of this section. The fire	835
chief may charge the person subject to the criminal records check	836
a fee for the costs the fire chief incurs in obtaining the	837
criminal records check. A fee charged under this division shall	838
not exceed the amount of fees the fire chief pays for the criminal	839
records check. If a fee is charged under this division, the fire	840
chief shall notify the person who is the applicant at the time of	841
the person's initial application for appointment or employment of	842
the amount of the fee and that, unless the fee is paid, the person	843
who is the applicant will not be considered for appointment or	844
employment.	845

(E) The report of any criminal records check conducted by	846
the bureau of criminal identification and investigation in	847
accordance with section 109.572 of the Revised Code and pursuant	848
to a request made under division (A) of this section is not a	849
public record for the purposes of section 149.43 of the Revised	850
Code and shall not be made available to any person other than the	851
person who is the subject of the criminal records check or the	852
person's representative or the fire chief requesting the criminal	853
records check or the fire chief's representative.	854

(F) The appointing authority shall adopt rules in accordance	855
with Chapter 119. of the Revised Code to implement this section.	856
The rules shall include rehabilitation standards a person who has	857
been convicted of or pleaded guilty to an offense listed in	858
division (C)(1) of this section must meet for the appointing	859
authority to appoint or employ the person as a permanent full-time	860
paid firefighter or a volunteer firefighter.	861

(G) The fire chief who requests a criminal records check	862
shall inform each person who is the applicant, at the time of the	863
person's initial application for appointment or employment that	864
the person subject to the criminal records check is required to	865
provide a set of impressions of the person's fingerprints and that	866
a criminal records check is required to be conducted and	867
satisfactorily completed in accordance with section 109.572 of the	868
Revised Code.	869

(H) As used in this section:

870

(1) "Appointing authority" has the same meaning as in	871
section 505.381 of the Revised Code.	872

(2) "Criminal records check" has the same meaning as in	873
section 109.572 of the Revised Code.	874

(3) "Superintendent of BCII" has the same meaning as in	875
section 2151.86 of the Revised Code.	876

Sec. 737.221. (A) The fire chief of a village fire department	877
shall request the superintendent of BCII to conduct a criminal	878
records check with respect to any person who is under final	879
consideration for appointment or employment as a full-time paid	880
firefighter and may request the superintendent of BCII to conduct	881
a criminal records check with respect to any person who is under	882
final consideration for appointment as a volunteer firefighter.	883

(B) If a person subject to a criminal records check does not	884
present proof that the person has been a resident of this state	885
for the five-year period immediately prior to the date upon which	886
the criminal records check is requested or does not provide	887
evidence that within that five-year period the superintendent of	888
BCII has requested information about the person from the federal	889
bureau of investigation in a criminal records check, the fire	890
chief of the village fire department may request that the	891
superintendent of BCII obtain information from the federal bureau	892
of investigation as a part of the criminal records check. If the	893
person subject to the criminal records check presents proof that	894
the person has been a resident of this state for that five-year	895
period, the fire chief may request that the superintendent of BCII	896
include information from the federal bureau of investigation in	897
the criminal records check.	898

A fire chief required by division (A) of this section to	899
request a criminal records check shall provide to each person	900
subject to a criminal records check a copy of the form prescribed	901
pursuant to division (C)(1) of section 109.572 of the Revised Code	902
and a standard impression sheet to obtain fingerprint impressions	903
prescribed pursuant to division (C)(2) of section 109.572 of the	904
Revised Code, obtain the completed form and impression sheet from	905
the person, and forward the completed form and impression sheet to	906
the superintendent of BCII at the time the criminal records check	907
is requested.	908

Any person subject to a criminal records check who receives	909
pursuant to this division a copy of the form prescribed pursuant	910
to division (C)(1) of section 109.572 of the Revised Code and a	911
copy of an impression sheet prescribed pursuant to division (C)(2)	912
of that section and who is requested to complete the form and	913
provide a set of fingerprint impressions shall complete the form	914
or provide all the information necessary to complete the form and	915
shall provide the impression sheet with the impressions of the	916
person's fingerprints. If a person subject to a criminal records	917
check, upon request, fails to provide the information necessary to	918
complete the form or fails to provide impressions of the person's	919
fingerprints, the appointing authority shall not appoint or employ	920
the person as a permanent full-time paid firefighter or a	921
volunteer firefighter.	922

(C)(1) No appointing authority shall appoint or employ a	923
person as a permanent full-time paid firefighter or a volunteer	924
firefighter if the person previously has been convicted of or	925
pleaded guilty to any of the following, unless the person meets	926
rehabilitation standards established in rules adopted under	927
division (F) of this section:	928

(a) A felony;

929

(b) A violation of section 2909.03 of the Revised Code;

930

(c) An existing or former law of this state, any other	931
state, or the United States that is substantially equivalent to	932
any offense listed in division (C)(1)(a) or (b) of this section.	933

(2) The appointing authority may appoint or employ a person	934
as a permanent full-time paid firefighter or volunteer firefighter	935
conditionally until the criminal records check required by this	936
section is completed and the fire chief receives the results of	937
the criminal records check. If the results of the criminal	938
records check indicate that, pursuant to division (C)(1) of this	939
section, the person subject to the criminal records check does not	940
qualify for appointment or employment, the fire chief shall	941
release the person from appointment or employment.	942

(D) The fire chief shall pay to the bureau of criminal	943
identification and investigation the fee prescribed pursuant to	944
division (C)(3) of section 109.572 of the Revised Code for each	945
criminal records check conducted in accordance with that section	946
upon a request pursuant to division (A) of this section. The fire	947
chief may charge the person subject to the criminal records check	948
a fee for the costs the fire chief incurs in obtaining the	949
criminal records check. A fee charged under this division shall	950
not exceed the amount of fees the fire chief pays for the criminal	951
records check. If a fee is charged under this division, the fire	952
chief shall notify the person who is the applicant at the time of	953
the person's initial application for appointment or employment of	954
the amount of the fee and that, unless the fee is paid, the person	955
who is the applicant will not be considered for appointment or	956
employment.	957

(E) The report of any criminal records check conducted by	958
the bureau of criminal identification and investigation in	959
accordance with section 109.572 of the Revised Code and pursuant	960
to a request made under division (A) of this section is not a	961
public record for the purposes of section 149.43 of the Revised	962
Code and shall not be made available to any person other than the	963
person who is the subject of the criminal records check or the	964
person's representative or the fire chief requesting the criminal	965
records check or the fire chief's representative.	966

(F) The appointing authority shall adopt rules in accordance	967
with Chapter 119. of the Revised Code to implement this section.	968
The rules shall include rehabilitation standards a person who has	969
been convicted of or pleaded guilty to an offense listed in	970
division (C)(1) of this section must meet for the appointing	971
authority to appoint or employ the person as a permanent full-time	972
paid firefighter or a volunteer firefighter.	973

(G) The fire chief who requests a criminal records check	974
shall inform each person who is the applicant, at the time of the	975
person's initial application for appointment or employment that	976
the person subject to the criminal records check is required to	977
provide a set of impressions of the person's fingerprints and that	978
a criminal records check is required to be conducted and	979
satisfactorily completed in accordance with section 109.572 of the	980
Revised Code.	981

(H) As used in this section:

982

(1) "Appointing authority" has the same meaning as in section	983
505.381 of the Revised Code.	984

(2) "Criminal records check" has the same meaning as in	985
section 109.572 of the Revised Code.	986

(3) "Superintendent of BCII" has the same meaning as in	987
section 2151.86 of the Revised Code.	988

Section 2. That existing sections 109.572 and 149.43 of the	989
Revised Code are hereby repealed.	990

Section 3.  Section 109.572 of the Revised Code is presented	991
in this act as a composite of the section as amended by both Sub.	992
H.B. 448 and Sub. H.B. 538 of the 123rd General Assembly. The	993
General Assembly, applying the principle stated in division (B) of	994
section 1.52 of the Revised Code that amendments are to be	995
harmonized if reasonably capable of simultaneous operation, finds	996
that the composite is the resulting version of the section in	997
effect prior to the effective date of the section as presented in	998
this act.	999