SENATORS Austria, Goodman, Randy Gardner, Jacobson, Hottinger, Fingerhut, Amstutz, Coughlin, Robert Gardner, Harris, Herington, Nein, Roberts, Spada, Mumper, White, Mallory, Prentiss, Blessing, DiDonato

To amend section 149.43 and to enact sections 109.578,

1

505.381, 737.081, 737.221, and 4765.301 of the

2

Revised Code to permit background checks on

3

firefighters and EMT's and to exempt from the

4

Public Records Law specified residential and

5

familial information of a member of a fire

6

department.

7

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

Section 1. That section 149.43 be amended and sections	8
109.578, 505.381, 737.081, 737.221, and 4765.301 of the Revised	9
Code be enacted to read as follows:	10

Sec. 109.578. (A) On receipt of a request pursuant to	11
section 505.381, 737.081, 737.221, or 4765.301 of the Revised	12
Code, a completed form prescribed pursuant to division (C)(1) of	13
this section, and a set of fingerprint impressions obtained in the	14
manner described in division (C)(2) of this section, the	15
superintendent of the bureau of criminal identification and	16
investigation shall conduct a criminal records check in the manner	17
described in division (B) of this section to determine whether any	18
information exists that indicates that the person who is the	19
subject of the request previously has been convicted of or pleaded	20
guilty to any of the following:	21

(1) A felony;

22

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

23

(3) A violation of an existing or former law of this state,	24
any other state, or the United States that is substantially	25
equivalent to any of the offenses listed in division (A)(1) or (2)	26
of this section.	27

(B) The superintendent shall conduct any criminal records	28
check pursuant to division (A) of this section as follows:	29

(1) The superintendent shall review or cause to be reviewed	30
any relevant information gathered and compiled by the bureau under	31
division (A) of section 109.57 of the Revised Code that relates to	32
the person who is the subject of the request, including any	33
relevant information contained in records that have been sealed	34
under section 2953.32 of the Revised Code.	35

(2) If the request received by the superintendent asks for	36
information from the federal bureau of investigation, the	37
superintendent shall request from the federal bureau of	38
investigation any information it has with respect to the person	39
who is the subject of the request and shall review or cause to be	40
reviewed any information the superintendent receives from that	41
bureau.	42

(C)(1) The superintendent shall prescribe a form to obtain	43
the information necessary to conduct a criminal records check from	44
any person for whom a criminal records check is requested pursuant	45
to section 505.381, 737.081, 737.221, or 4765.301 of the Revised	46
Code. The form that the superintendent prescribes pursuant to	47
this division may be in a tangible format, in an electronic	48
format, or in both tangible and electronic formats.	49

(2) The superintendent shall prescribe standard impression	50
sheets to obtain the fingerprint impressions of any person for	51
whom a criminal records check is requested pursuant to section	52
505.381, 737.081, 737.221, or 4765.301 of the Revised Code. Any	53
person for whom a records check is requested pursuant to any of	54
those sections shall obtain the fingerprint impressions at a	55
county sheriff's office, a municipal police department, or any	56
other entity with the ability to make fingerprint impressions on	57
the standard impression sheets prescribed by the superintendent.	58
The office, department, or entity may charge the person a	59
reasonable fee for making the impressions. The standard	60
impression sheets the superintendent prescribes pursuant to this	61
division may be in a tangible format, in an electronic format, or	62
in both tangible and electronic formats.	63

(3) Subject to division (D) of this section, the	64
superintendent shall prescribe and charge a reasonable fee for	65
providing a criminal records check requested under section	66
505.381, 737.081, 737.221, or 4765.301 of the Revised Code. The	67
person making the criminal records request shall pay the fee	68
prescribed pursuant to this division.	69

(4) The superintendent may prescribe methods of forwarding	70
fingerprint impressions and information necessary to conduct a	71
criminal records check. The methods shall include, but are not	72
limited to, an electronic method.	73

(D) A determination whether any information exists that	74
indicates that a person previously has been convicted of or	75
pleaded guilty to any offense listed or described in division (A)	76
of this section and that the superintendent made with respect to	77
information considered in a criminal records check in accordance	78
with this section is valid for the person who is the subject of	79
the criminal records check for a period of one year from the date	80
upon which the superintendent makes the determination. During the	81
period in which the determination in regard to a person is valid,	82
if another request under this section is made for a criminal	83
records check for that person, the superintendent shall provide	84
the information that is the basis for the superintendent's initial	85
determination at a lower fee than the fee prescribed for the	86
initial criminal records check.	87

(E) As used in this section, "criminal records check" means	88
any criminal records check conducted by the superintendent of the	89
bureau of criminal identification and investigation in accordance	90
with division (B) of this section.	91

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

92

(1) "Public record" means records kept by any public	93
office, including, but not limited to, state, county, city,	94
village, township, and school district units, and records	95
pertaining to the delivery of educational services by an	96
alternative school in Ohio kept by a nonprofit or for profit	97
entity operating such alternative school pursuant to section	98
3313.533 of the Revised Code. "Public record" does not mean any of	99
the following:	100

(a) Medical records;

101

(b) Records pertaining to probation and parole proceedings;

102

(c) Records pertaining to actions under section 2151.85 and	103
division (C) of section 2919.121 of the Revised Code and to	104
appeals of actions arising under those sections;	105

(d) Records pertaining to adoption proceedings, including	106
the contents of an adoption file maintained by the department of	107
health under section 3705.12 of the Revised Code;	108

(e) Information in a record contained in the putative father	109
registry established by section 3107.062 of the Revised Code,	110
regardless of whether the information is held by the department of	111
job and family services or, pursuant to section 3111.69 of the	112
Revised Code, the office of child support in the department or a	113
child support enforcement agency;	114

(f) Records listed in division (A) of section 3107.42 of the	115
Revised Code or specified in division (A) of section 3107.52 of	116
the Revised Code;	117

(g) Trial preparation records;

118

(h) Confidential law enforcement investigatory records;

119

(i) Records containing information that is confidential	120
under section 2317.023 or 4112.05 of the Revised Code;	121

(j) DNA records stored in the DNA database pursuant to	122
section 109.573 of the Revised Code;	123

(k) Inmate records released by the department of	124
rehabilitation and correction to the department of youth services	125
or a court of record pursuant to division (E) of section 5120.21	126
of the Revised Code;	127

(l) Records maintained by the department of youth services	128
pertaining to children in its custody released by the department	129
of youth services to the department of rehabilitation and	130
correction pursuant to section 5139.05 of the Revised Code;	131

(m) Intellectual property records;

132

(n) Donor profile records;

133

(o) Records maintained by the department of job and family	134
services pursuant to section 3121.894 of the Revised Code;	135

(p) Peace officer, firefighter, or EMT residential and	136
familial information;	137

(q) In the case of a county hospital operated pursuant to	138
Chapter 339. of the Revised Code, information that constitutes a	139
trade secret, as defined in section 1333.61 of the Revised Code;	140

(r) Information pertaining to the recreational activities of	141
a person under the age of eighteen;	142

(s) Records provided to, statements made by review board	143
members during meetings of, and all work products of a child	144
fatality review board acting under sections 307.621 to 307.629 of	145
the Revised Code, other than the report prepared pursuant to	146
section 307.626 of the Revised Code;	147

(t) Records provided to and statements made by the executive	148
director of a public children services agency or a prosecuting	149
attorney acting pursuant to section 5153.171 of the Revised Code	150
other than the information released under that section;	151

(u) Test materials, examinations, or evaluation tools used	152
in an examination for licensure as a nursing home administrator	153
that the board of examiners of nursing home administrators	154
administers under section 4751.04 of the Revised Code or contracts	155
under that section with a private or government entity to	156
administer;	157

(v) Records the release of which is prohibited by state or	158
federal law.	159

(2) "Confidential law enforcement investigatory record"	160
means any record that pertains to a law enforcement matter of a	161
criminal, quasi-criminal, civil, or administrative nature, but	162
only to the extent that the release of the record would create a	163
high probability of disclosure of any of the following:	164

(a) The identity of a suspect who has not been charged with	165
the offense to which the record pertains, or of an information	166
source or witness to whom confidentiality has been reasonably	167
promised;	168

(b) Information provided by an information source or witness	169
to whom confidentiality has been reasonably promised, which	170
information would reasonably tend to disclose the source's or	171
witness's identity;	172

(c) Specific confidential investigatory techniques or	173
procedures or specific investigatory work product;	174

(d) Information that would endanger the life or physical	175
safety of law enforcement personnel, a crime victim, a witness, or	176
a confidential information source.	177

(3) "Medical record" means any document or combination of	178
documents, except births, deaths, and the fact of admission to or	179
discharge from a hospital, that pertains to the medical history,	180
diagnosis, prognosis, or medical condition of a patient and that	181
is generated and maintained in the process of medical treatment.	182

(4) "Trial preparation record" means any record that	183
contains information that is specifically compiled in reasonable	184
anticipation of, or in defense of, a civil or criminal action or	185
proceeding, including the independent thought processes and	186
personal trial preparation of an attorney.	187

(5) "Intellectual property record" means a record, other	188
than a financial or administrative record, that is produced or	189
collected by or for faculty or staff of a state institution of	190
higher learning in the conduct of or as a result of study or	191
research on an educational, commercial, scientific, artistic,	192
technical, or scholarly issue, regardless of whether the study or	193
research was sponsored by the institution alone or in conjunction	194
with a governmental body or private concern, and that has not been	195
publicly released, published, or patented.	196

(6) "Donor profile record" means all records about donors or	197
potential donors to a public institution of higher education	198
except the names and reported addresses of the actual donors and	199
the date, amount, and conditions of the actual donation.	200

(7) "Peace officer, firefighter, or EMT residential and	201
familial information" means either of the following:	202

(a) Any information maintained in a personnel record of a	203
peace officer, firefighter, or EMT that discloses any of the	204
following:	205

(i) The address of the actual personal residence of a peace	206
officer, firefighter, or EMT, except for the state or political	207
subdivision in which the peace officer, firefighter, or EMT	208
resides;	209

(ii) Information compiled from referral to or participation	210
in an employee assistance program;	211

(iii) The social security number, the residential telephone	212
number, any bank account, debit card, charge card, or credit card	213
number, or the emergency telephone number of, or any medical	214
information pertaining to, a peace officer, firefighter, or EMT;	215

(iv) The name of any beneficiary of employment benefits,	216
including, but not limited to, life insurance benefits, provided	217
to a peace officer, firefighter, or EMT by the peace officer's,	218
firefighter's, or EMT's employer;	219

(v) The identity and amount of any charitable or employment	220
benefit deduction made by the peace officer's, firefighter's, or	221
EMT's employer from the peace officer's, firefighter's, or EMT's	222
compensation unless the amount of the deduction is required by	223
state or federal law;	224

(vi) The name, the residential address, the name of the	225
employer, the address of the employer, the social security number,	226
the residential telephone number, any bank account, debit card,	227
charge card, or credit card number, or the emergency telephone	228
number of the spouse, a former spouse, or any child of a peace	229
officer, firefighter, or EMT.	230

(b) Any record that identifies a person's occupation as a	231
peace officer, firefighter, or EMT other than statements required	232
to include the disclosure of that fact under the campaign finance	233
law.	234

As used in divisions (A)(7) and (B)(5) of this section,	235
"peace officer" has the same meaning as in section 109.71 of the	236
Revised Code and also includes the superintendent and troopers of	237
the state highway patrol; it does not include the sheriff of a	238
county or a supervisory employee who, in the absence of the	239
sheriff, is authorized to stand in for, exercise the authority of,	240
and perform the duties of the sheriff.	241

As used in divisions (A)(7) and (B)(5) of this section,	242
"firefighter" means any regular, paid or volunteer, member of a	243
lawfully constituted fire department of a municipal corporation,	244
township, fire district, or village.	245

As used in divisions (A)(7) and (B)(5) of this section, "EMT"	246
means EMTs-basic, EMTs-I, and paramedics that provide emergency	247
medical services for a public emergency medical service	248
organization. "Emergency medical service organization,"	249
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in	250
section 4765.01 of the Revised Code.	251

(8) "Information pertaining to the recreational activities	252
of a person under the age of eighteen" means information that is	253
kept in the ordinary course of business by a public office, that	254
pertains to the recreational activities of a person under the age	255
of eighteen years, and that discloses any of the following:	256

(a) The address or telephone number of a person under the	257
age of eighteen or the address or telephone number of that	258
person's parent, guardian, custodian, or emergency contact person;	259

(b) The social security number, birth date, or photographic	260
image of a person under the age of eighteen;	261

(c) Any medical record, history, or information pertaining	262
to a person under the age of eighteen;	263

(d) Any additional information sought or required about a	264
person under the age of eighteen for the purpose of allowing that	265
person to participate in any recreational activity conducted or	266
sponsored by a public office or to use or obtain admission	267
privileges to any recreational facility owned or operated by a	268
public office.	269

(B)(1) Subject to division (B)(4) of this section, all	270
public records shall be promptly prepared and made available for	271
inspection to any person at all reasonable times during regular	272
business hours. Subject to division (B)(4) of this section, upon	273
request, a public office or person responsible for public records	274
shall make copies available at cost, within a reasonable period of	275
time. In order to facilitate broader access to public records,	276
public offices shall maintain public records in a manner that they	277
can be made available for inspection in accordance with this	278
division.	279

(2) If any person chooses to obtain a copy of a public	280
record in accordance with division (B)(1) of this section, the	281
public office or person responsible for the public record shall	282
permit that person to choose to have the public record duplicated	283
upon paper, upon the same medium upon which the public office or	284
person responsible for the public record keeps it, or upon any	285
other medium upon which the public office or person responsible	286
for the public record determines that it reasonably can be	287
duplicated as an integral part of the normal operations of the	288
public office or person responsible for the public record. When	289
the person seeking the copy makes a choice under this division,	290
the public office or person responsible for the public record	291
shall provide a copy of it in accordance with the choice made by	292
the person seeking the copy.	293

(3) Upon a request made in accordance with division (B)(1)	294
of this section, a public office or person responsible for public	295
records shall transmit a copy of a public record to any person by	296
United States mail within a reasonable period of time after	297
receiving the request for the copy. The public office or person	298
responsible for the public record may require the person making	299
the request to pay in advance the cost of postage and other	300
supplies used in the mailing.	301

Any public office may adopt a policy and procedures that it	302
will follow in transmitting, within a reasonable period of time	303
after receiving a request, copies of public records by United	304
States mail pursuant to this division. A public office that	305
adopts a policy and procedures under this division shall comply	306
with them in performing its duties under this division.	307

In any policy and procedures adopted under this division, a	308
public office may limit the number of records requested by a	309
person that the office will transmit by United States mail to ten	310
per month, unless the person certifies to the office in writing	311
that the person does not intend to use or forward the requested	312
records, or the information contained in them, for commercial	313
purposes. For purposes of this division, "commercial" shall be	314
narrowly construed and does not include reporting or gathering	315
news, reporting or gathering information to assist citizen	316
oversight or understanding of the operation or activities of	317
government, or nonprofit educational research.	318

(4) A public office or person responsible for public records	319
is not required to permit a person who is incarcerated pursuant to	320
a criminal conviction or a juvenile adjudication to inspect or to	321
obtain a copy of any public record concerning a criminal	322
investigation or prosecution or concerning what would be a	323
criminal investigation or prosecution if the subject of the	324
investigation or prosecution were an adult, unless the request to	325
inspect or to obtain a copy of the record is for the purpose of	326
acquiring information that is subject to release as a public	327
record under this section and the judge who imposed the sentence	328
or made the adjudication with respect to the person, or the	329
judge's successor in office, finds that the information sought in	330
the public record is necessary to support what appears to be a	331
justiciable claim of the person.	332

(5) Upon written request made and signed by a journalist on	333
or after December 16, 1999, a public office, or person responsible	334
for public records, having custody of the records of the agency	335
employing a specified peace officer, firefighter, or EMT shall	336
disclose to the journalist the address of the actual personal	337
residence of the peace officer, firefighter or EMT and, if the	338
peace officer's, firefighter's or EMT's spouse, former spouse, or	339
child is employed by a public office, the name and address of the	340
employer of the peace officer's, firefighter's, or EMT's spouse,	341
former spouse, or child. The request shall include the	342
journalist's name and title and the name and address of the	343
journalist's employer and shall state that disclosure of the	344
information sought would be in the public interest.	345

As used in division (B)(5) of this section, "journalist"	346
means a person engaged in, connected with, or employed by any news	347
medium, including a newspaper, magazine, press association, news	348
agency, or wire service, a radio or television station, or a	349
similar medium, for the purpose of gathering, processing,	350
transmitting, compiling, editing, or disseminating information for	351
the general public.	352

(C) If a person allegedly is aggrieved by the failure of a	353
public office to promptly prepare a public record and to make it	354
available to the person for inspection in accordance with division	355
(B) of this section, or if a person who has requested a copy of a	356
public record allegedly is aggrieved by the failure of a public	357
office or the person responsible for the public record to make a	358
copy available to the person allegedly aggrieved in accordance	359
with division (B) of this section, the person allegedly aggrieved	360
may commence a mandamus action to obtain a judgment that orders	361
the public office or the person responsible for the public record	362
to comply with division (B) of this section and that awards	363
reasonable attorney's fees to the person that instituted the	364
mandamus action. The mandamus action may be commenced in the	365
court of common pleas of the county in which division (B) of this	366
section allegedly was not complied with, in the supreme court	367
pursuant to its original jurisdiction under Section 2 of Article	368
IV, Ohio Constitution, or in the court of appeals for the	369
appellate district in which division (B) of this section allegedly	370
was not complied with pursuant to its original jurisdiction under	371
Section 3 of Article IV, Ohio Constitution.	372

(D) Chapter 1347. of the Revised Code does not limit the	373
provisions of this section.	374

(E)(1) The bureau of motor vehicles may adopt rules pursuant	375
to Chapter 119. of the Revised Code to reasonably limit the number	376
of bulk commercial special extraction requests made by a person	377
for the same records or for updated records during a calendar	378
year. The rules may include provisions for charges to be made for	379
bulk commercial special extraction requests for the actual cost of	380
the bureau, plus special extraction costs, plus ten per cent. The	381
bureau may charge for expenses for redacting information, the	382
release of which is prohibited by law.	383

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

384

(a) "Actual cost" means the cost of depleted supplies,	385
records storage media costs, actual mailing and alternative	386
delivery costs, or other transmitting costs, and any direct	387
equipment operating and maintenance costs, including actual costs	388
paid to private contractors for copying services.	389

(b) "Bulk commercial special extraction request" means a	390
request for copies of a record for information in a format other	391
than the format already available, or information that cannot be	392
extracted without examination of all items in a records series,	393
class of records, or data base by a person who intends to use or	394
forward the copies for surveys, marketing, solicitation, or resale	395
for commercial purposes. "Bulk commercial special extraction	396
request" does not include a request by a person who gives	397
assurance to the bureau that the person making the request does	398
not intend to use or forward the requested copies for surveys,	399
marketing, solicitation, or resale for commercial purposes.	400

(c) "Commercial" means profit-seeking production, buying, or	401
selling of any good, service, or other product.	402

(d) "Special extraction costs" means the cost of the time	403
spent by the lowest paid employee competent to perform the task,	404
the actual amount paid to outside private contractors employed by	405
the bureau, or the actual cost incurred to create computer	406
programs to make the special extraction. "Special extraction	407
costs" include any charges paid to a public agency for computer or	408
records services.	409

(3) For purposes of divisions (E)(1) and (2) of this	410
section, "commercial surveys, marketing, solicitation, or resale"	411
shall be narrowly construed and does not include reporting or	412
gathering news, reporting or gathering information to assist	413
citizen oversight or understanding of the operation or activities	414
of government, or nonprofit educational research.	415

Sec. 505.381. (A) The fire chief of a township or fire	416
district may request the superintendent of BCII to conduct a	417
criminal records check with respect to any person who is under	418
consideration for appointment or employment as a permanent,	419
full-time paid firefighter or any person who is under	420
consideration for appointment as a volunteer firefighter.	421

(B)(1) The fire chief of the township or fire district may	422
request that the superintendent of BCII obtain information from	423
the federal bureau of investigation as a part of the criminal	424
records check requested pursuant to division (A) of this section.	425

(2) A fire chief authorized by division (A) of this section	426
to request a criminal records check shall provide to each person	427
for whom the fire chief intends to request a criminal records	428
check a copy of the form prescribed pursuant to division (C)(1) of	429
section 109.578 of the Revised Code and a standard impression	430
sheet to obtain fingerprint impressions prescribed pursuant to	431
division (C)(2) of section 109.578 of the Revised Code, obtain the	432
completed form and impression sheet from the person, and forward	433
the completed form and impression sheet to the superintendent of	434
BCII at the time the criminal records check is requested.	435

(3) Any person subject to a criminal records check who	436
receives a copy of the form and a copy of the impression sheet	437
pursuant to division (B)(2) of this section and who is requested	438
to complete the form and provide a set of fingerprint impressions	439
shall complete the form or provide all the information necessary	440
to complete the form and shall provide the impression sheet with	441
the impressions of the person's fingerprints. If a person fails	442
to provide the information necessary to complete the form or fails	443
to provide impressions of the person's fingerprints, the	444
appointing authority shall not appoint or employ the person as a	445
permanent, full-time paid firefighter or a volunteer firefighter.	446

(C)(1) Except as otherwise provided in division (C)(2) of	447
this section, an appointing authority shall not appoint or employ	448
a person as a permanent, full-time paid firefighter or a volunteer	449
firefighter if the fire chief has requested a criminal records	450
check pursuant to division (A) of this section and the criminal	451
records check indicates that the person previously has been	452
convicted of or pleaded guilty to any of the following:	453

(a) A felony;

454

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

455

(c) A violation of an existing or former law of this state,	456
any other state, or the United States that is substantially	457
equivalent to any of the offenses described in division (C)(1)(a)	458
or (b) of this section.	459

(2) Notwithstanding division (C)(1) of this section, an	460
appointing authority may appoint or employ a person as a permanent	461
full-time paid firefighter or a volunteer firefighter if all of	462
the following apply:	463

(a) The fire chief has requested a criminal records check	464
pursuant to division (A) of this section.	465

(b) The criminal records check indicates that the person	466
previously has been convicted of or pleaded guilty to any of the	467
offenses described in division (C)(1) of this section.	468

(c) The person meets rehabilitation standards established in	469
rules adopted under division (F) of this section.	470

(3) If a fire chief requests a criminal records check	471
pursuant to division (A) of this section, an appointing authority	472
may appoint or employ a person as a permanent, full-time paid	473
firefighter or volunteer firefighter conditionally until the	474
criminal records check is completed and the fire chief receives	475
the results. If the results of the criminal records check	476
indicate that, pursuant to division (C)(1) of this section, the	477
person subject to the criminal records check does not qualify for	478
appointment or employment, the fire chief shall release the person	479
from appointment or employment.	480

(D) The fire chief shall pay to the bureau of criminal	481
identification and investigation the fee prescribed pursuant to	482
division (C)(3) of section 109.578 of the Revised Code for each	483
criminal records check conducted in accordance with that section.	484
The fire chief may charge the applicant who is subject to the	485
criminal records check a fee for the costs the fire chief incurs	486
in obtaining the criminal records check. A fee charged under this	487
division shall not exceed the amount of fees the fire chief pays	488
for the criminal records check. If a fee is charged under this	489
division, the fire chief shall notify the applicant at the time	490
of the applicant's initial application for appointment or	491
employment of the amount of the fee and that, unless the fee is	492
paid, the applicant will not be considered for appointment or	493
employment.	494

(E) The appointing authority shall adopt rules in accordance	495
with Chapter 119. of the Revised Code to implement this section.	496
The rules shall include rehabilitation standards a person who has	497
been convicted of or pleaded guilty to an offense listed in	498
division (C)(1) of this section must meet for the appointing	499
authority to appoint or employ the person as a permanent,	500
full-time paid firefighter or a volunteer firefighter.	501

(F) A fire chief who intends to request a criminal records	502
check for an applicant shall inform the applicant, at the time of	503
the person's initial application for appointment or employment,	504
that the applicant is required to provide a set of impressions of	505
the applicant's fingerprints and that the fire chief requires a	506
criminal records check to be conducted and satisfactorily	507
completed in accordance with section 109.578 of the Revised Code.	508

(G) As used in this section:

509

(1) "Appointing authority" means any person or body that has	510
the authority to hire, appoint, or employ permanent, full-time	511
paid firefighters and volunteer firefighters under section 505.39	512
of the Revised Code.	513

(2) "Criminal records check" has the same meaning as in	514
section 109.578 of the Revised Code.	515

(3) "Superintendent of BCII" has the same meaning as in	516
section 2151.86 of the Revised Code.	517

Sec. 737.081. (A) The fire chief of a city fire department	518
may request the superintendent of BCII to conduct a criminal	519
records check with respect to any person who is under	520
consideration for appointment or employment as a full-time paid	521
firefighter or any person who is under consideration for	522
appointment as a volunteer firefighter.	523

(B)(1) The fire chief of the city fire department may request	524
that the superintendent of BCII obtain information from the	525
federal bureau of investigation as a part of the criminal records	526
check requested pursuant to division (A) of this section.	527

(2) A fire chief authorized by division (A) of this section	528
to request a criminal records check shall provide to each person	529
for whom the fire chief intends to request a criminal records	530
check a copy of the form prescribed pursuant to division (C)(1) of	531
section 109.578 of the Revised Code and a standard impression	532
sheet to obtain fingerprint impressions prescribed pursuant to	533
division (C)(2) of section 109.578 of the Revised Code, obtain the	534
completed form and impression sheet from the person, and forward	535
the completed form and impression sheet to the superintendent of	536
BCII at the time the criminal records check is requested.	537

(3) Any person subject to a criminal records check who	538
receives a copy of the form and a copy of the impression sheet	539
pursuant to division (B)(2) of this section and who is requested	540
to complete the form and provide a set of fingerprint impressions	541
shall complete the form or provide all the information necessary	542
to complete the form and shall provide the impression sheet with	543
the impressions of the person's fingerprints. If a person fails	544
to provide the information necessary to complete the form or fails	545
to provide impressions of the person's fingerprints, the	546
appointing authority shall not appoint or employ the person as a	547
permanent full-time paid firefighter or a volunteer firefighter.	548

(C)(1) Except as otherwise provided in division (C)(2) of	549
this section, an appointing authority shall not appoint or employ	550
a person as a permanent full-time paid firefighter or a volunteer	551
firefighter if the fire chief has requested a criminal records	552
check pursuant to division (A) of this section and the criminal	553
records check indicates that the person previously has been	554
convicted of or pleaded guilty to any of the following:	555

(a) A felony;

556

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

557

(c) A violation of an existing or former law of this state,	558
any other state, or the United States that is substantially	559
equivalent to any of the offenses described in division (C)(1)(a)	560
or (b) of this section.	561

(2) Notwithstanding division (C)(1) of this section, an	562
appointing authority may appoint or employ a person as a permanent	563
full-time paid firefighter or a volunteer firefighter if all of	564
the following apply:	565

(a) The fire chief has requested a criminal records check	566
pursuant to division (A) of this section.	567

(b) The criminal records check indicates that the person	568
previously has been convicted of or pleaded guilty to any of the	569
offenses described in division (C)(1) of this section.	570

(c) The person meets rehabilitation standards established in	571
rules adopted under division (F) of this section.	572

(3) If a fire chief requests a criminal records check	573
pursuant to division (A) of this section, an appointing authority	574
may appoint or employ a person as a permanent full-time paid	575
firefighter or volunteer firefighter conditionally until the	576
criminal records check is completed and the fire chief receives	577
the results. If the results of the criminal records check	578
indicate that, pursuant to division (C)(1) of this section, the	579
person subject to the criminal records check is disqualified from	580
appointment or employment, the fire chief shall release the person	581
from appointment or employment.	582

(D) The fire chief shall pay to the bureau of criminal	583
identification and investigation the fee prescribed pursuant to	584
division (C)(3) of section 109.578 of the Revised Code for each	585
criminal records check conducted in accordance with that section.	586
The fire chief may charge the applicant who is subject to the	587
criminal records check a fee for the costs the fire chief incurs	588
in obtaining the criminal records check. A fee charged under this	589
division shall not exceed the amount of fees the fire chief pays	590
for the criminal records check. If a fee is charged under this	591
division, the fire chief shall notify the applicant at the time of	592
the applicant's initial application for appointment or employment	593
of the amount of the fee and that, unless the fee is paid, the	594
applicant will not be considered for appointment or employment.	595

(E) The appointing authority shall adopt rules in accordance	596
with Chapter 119. of the Revised Code to implement this section.	597
The rules shall include rehabilitation standards a person who has	598
been convicted of or pleaded guilty to an offense listed in	599
division (C)(1) of this section must meet for the appointing	600
authority to appoint or employ the person as a permanent full-time	601
paid firefighter or a volunteer firefighter.	602

(F) A fire chief who intends to request a criminal records	603
check for an applicant shall inform each applicant, at the time of	604
the person's initial application for appointment or employment,	605
that the applicant is required to provide a set of impressions of	606
the person's fingerprints and that the fire chief requires a	607
criminal records check to be conducted and satisfactorily	608
completed in accordance with section 109.578 of the Revised Code.	609

(G) As used in this section:

610

(1) "Appointing authority" means any person or body that has	611
the authority to hire, appoint, or employ permanent, full-time	612
paid firefighters and volunteer firefighters under section 737.08	613
of the Revised Code.	614

(2) "Criminal records check" has the same meaning as in	615
section 109.578 of the Revised Code.	616

(3) "Superintendent of BCII" has the same meaning as in	617
section 2151.86 of the Revised Code.	618

Sec. 737.221. (A) The fire chief of a village fire	619
department may request the superintendent of BCII to conduct a	620
criminal records check with respect to any person who is under	621
consideration for appointment or employment as a full-time paid	622
firefighter or any person who is under consideration for	623
appointment as a volunteer firefighter.	624

(B)(1) The fire chief of the village fire department may	625
request that the superintendent of BCII obtain information from	626
the federal bureau of investigation as a part of the criminal	627
records check requested pursuant to division (A) of this section.	628

(2) A fire chief authorized by division (A) of this section	629
to request a criminal records check shall provide to each person	630
for whom the fire chief intends to request a criminal records	631
check a copy of the form prescribed pursuant to division (C)(1) of	632
section 109.578 of the Revised Code and a standard impression	633
sheet to obtain fingerprint impressions prescribed pursuant to	634
division (C)(2) of section 109.578 of the Revised Code, obtain the	635
completed form and impression sheet from the person, and forward	636
the completed form and impression sheet to the superintendent of	637
BCII at the time the criminal records check is requested.	638

(3) Any person subject to a criminal records check who	639
receives a copy of the form and a copy of the impression sheet	640
pursuant to division (B)(2) of this section and who is requested	641
to complete the form and provide a set of fingerprint impressions	642
shall complete the form or provide all the information necessary	643
to complete the form and shall provide the impression sheet with	644
the impressions of the person's fingerprints. If a person fails	645
to provide the information necessary to complete the form or fails	646
to provide impressions of the person's fingerprints, the	647
appointing authority shall not appoint or employ the person as a	648
permanent full-time paid firefighter or a volunteer firefighter.	649

(C)(1) Except as otherwise provided in division (C)(2) of	650
this section, an appointing authority shall not appoint or employ	651
a person as a permanent full-time paid firefighter or a volunteer	652
firefighter if the fire chief has requested a criminal records	653
check pursuant to division (A) of this section and the criminal	654
records check indicates that the person previously has been	655
convicted of or pleaded guilty to any of the following:	656

(a) A felony;

657

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

658

(c) A violation of an existing or former law of this state,	659
any other state, or the United States that is substantially	660
equivalent to any of the offenses described in division (C)(1)(a)	661
or (b) of this section.	662

(2) Notwithstanding division (C)(1) of this section, an	663
appointing authority may appoint or employ a person as a permanent	664
full-time paid firefighter or a volunteer firefighter if all of	665
the following apply:	666

(a) The fire chief has requested a criminal records check	667
pursuant to division (A) of this section.	668

(b) The criminal records check indicates that the person	669
previously has been convicted of or pleaded guilty to any of the	670
offenses described in division (C)(1) of this section.	671

(c) The person meets rehabilitation standards established in	672
rules adopted under division (F) of this section.	673

(3) If a fire chief requests a criminal records check	674
pursuant to division (A) of this section, an appointing authority	675
may appoint or employ a person as a permanent full-time paid	676
firefighter or volunteer firefighter conditionally until the	677
criminal records check is completed and the fire chief receives	678
the results. If the results of the criminal records check	679
indicate that, pursuant to division (C)(1) of this section, the	680
person subject to the criminal records check is disqualified from	681
appointment or employment, the fire chief shall release the person	682
from appointment or employment.	683

(D) The fire chief shall pay to the bureau of criminal	684
identification and investigation the fee prescribed pursuant to	685
division (C)(3) of section 109.578 of the Revised Code for each	686
criminal records check conducted in accordance with that section.	687
The fire chief may charge the applicant who is subject to the	688
criminal records check a fee for the costs the fire chief incurs	689
in obtaining the criminal records check. A fee charged under this	690
division shall not exceed the amount of fees the fire chief pays	691
for the criminal records check. If a fee is charged under this	692
division, the fire chief shall notify the applicant at the time of	693
the applicant's initial application for appointment or employment	694
of the amount of the fee and that, unless the fee is paid, the	695
applicant will not be considered for appointment or employment.	696

(E) The appointing authority shall adopt rules in accordance	697
with Chapter 119. of the Revised Code to implement this section.	698
The rules shall include rehabilitation standards a person who has	699
been convicted of or pleaded guilty to an offense listed in	700
division (C)(1) of this section must meet for the appointing	701
authority to appoint or employ the person as a permanent full-time	702
paid firefighter or a volunteer firefighter.	703

(F) A fire chief who intends to request a criminal records	704
check for an applicant shall inform each applicant, at the time of	705
the person's initial application for appointment or employment,	706
that the applicant is required to provide a set of impressions of	707
the person's fingerprints and that the fire chief requires a	708
criminal records check to be conducted and satisfactorily	709
completed in accordance with section 109.578 of the Revised Code.	710

(G) As used in this section:

711

(1) "Appointing authority" means any person or body that has	712
the authority to hire, appoint, or employ permanent, full-time	713
paid firefighters and volunteer firefighters under section 737.22	714
of the Revised Code.	715

(2) "Criminal records check" has the same meaning as in	716
section 109.578 of the Revised Code.	717

(3) "Superintendent of BCII" has the same meaning as in	718
section 2151.86 of the Revised Code.	719

Sec. 4765.301. (A) An appointing authority may request the	720
superintendent of BCII to conduct a criminal records check with	721
respect to any person who is under consideration for appointment	722
or employment as an emergency medical technician-basic, an	723
emergency medical technician-intermediate, or an emergency medical	724
technician-paramedic.	725

(B)(1) The appointing authority may request that the	726
superintendent of BCII obtain information from the federal bureau	727
of investigation as a part of the criminal records check requested	728
pursuant to division (A) of this section.	729

(2) An appointing authority authorized by division (A) of	730
this section to request a criminal records check shall provide to	731
each person for whom the appointing authority intends to request a	732
criminal records check a copy of the form prescribed pursuant to	733
division (C)(1) of section 109.578 of the Revised Code and a	734
standard impression sheet to obtain fingerprint impressions	735
prescribed pursuant to division (C)(2) of section 109.578 of the	736
Revised Code, obtain the completed form and impression sheet from	737
the person, and forward the completed form and impression sheet to	738
the superintendent of BCII at the time the criminal records check	739
is requested.	740

(3) Any person subject to a criminal records check who	741
receives a copy of the form and a copy of the impression sheet	742
pursuant to division (B)(2) of this section and who is requested	743
to complete the form and provide a set of fingerprint impressions	744
shall complete the form or provide all the information necessary	745
to complete the form and shall provide the impression sheet with	746
the impressions of the person's fingerprints. If a person fails	747
to provide the information necessary to complete the form or fails	748
to provide impressions of the person's fingerprints, the	749
appointing authority shall not appoint or employ the person as an	750
emergency medical technician-basic, an emergency medical	751
technician-intermediate, or an emergency medical	752
technician-paramedic.	753

(C)(1) Except as otherwise provided in division (C)(2) of	754
this section, an appointing authority shall not appoint or employ	755
a person as an emergency medical technician-basic, an emergency	756
medical technician-intermediate, or an emergency medical	757
technician-paramedic if the appointing authority has requested a	758
criminal records check pursuant to division (A) of this section	759
and the criminal records check indicates that the person	760
previously has been convicted of or pleaded guilty to any of the	761
following:	762

(a) A felony;

763

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

764

(c) A violation of an existing or former law of this state,	765
any other state, or the United States that is substantially	766
equivalent to any of the offenses described in division (C)(1)(a)	767
or (b) of this section.	768

(2) Notwithstanding division (C)(1) of this section, an	769
appointing authority may appoint or employ a person as an	770
emergency medical technician-basic, an emergency medical	771
technician-intermediate, or an emergency medical	772
technician-paramedic if all of the following apply:	773

(a) The appointing authority has requested a criminal	774
records check pursuant to division (A) of this section.	775

(b) The criminal records check indicates that the person	776
previously has been convicted of or pleaded guilty to any of the	777
offenses described in division (C)(1) of this section.	778

(c) The person meets rehabilitation standards established in	779
rules adopted under division (F) of this section.	780

(3) If an appointing authority requests a criminal records	781
check pursuant to division (A) of this section, the appointing	782
authority may appoint or employ a person as an emergency medical	783
technician-basic, an emergency medical technician-intermediate, or	784
an emergency medical technician-paramedic conditionally until the	785
criminal records check is completed and the appointing authority	786
receives the results. If the results of the criminal records	787
check indicate that, pursuant to division (C)(1) of this section,	788
the person subject to the criminal records check is disqualified	789
from appointment or employment, the appointing authority shall	790
release the person from appointment or employment.	791

(D) The appointing authority shall pay to the bureau of	792
criminal identification and investigation the fee prescribed	793
pursuant to division (C)(3) of section 109.578 of the Revised Code	794
for each criminal records check conducted in accordance with that	795
section. The appointing authority may charge the applicant who is	796
subject to the criminal records check a fee for the costs the	797
appointing authority incurs in obtaining the criminal records	798
check. A fee charged under this division shall not exceed the	799
amount of fees the appointing authority pays for the criminal	800
records check. If a fee is charged under this division, the	801
appointing authority shall notify the applicant at the time of the	802
applicant's initial application for appointment or employment of	803
the amount of the fee and that, unless the fee is paid, the	804
applicant will not be considered for appointment or employment.	805

(E) The appointing authority shall adopt rules in accordance	806
with Chapter 119. of the Revised Code to implement this section.	807
The rules shall include rehabilitation standards a person who has	808
been convicted of or pleaded guilty to an offense listed in	809
division (C)(1) of this section must meet for the appointing	810
authority to appoint or employ the person as an emergency medical	811
technician-basic, an emergency medical technician-intermediate, or	812
an emergency medical technician-paramedic.	813

(F) An appointing authority that intends to request a	814
criminal records check for an applicant shall inform each	815
applicant, at the time of the person's initial application for	816
appointment or employment, that the applicant is required to	817
provide a set of impressions of the person's fingerprints and that	818
the appointing authority requires a criminal records check to be	819
conducted and satisfactorily completed in accordance with section	820
109.578 of the Revised Code.	821

(G) As used in this section:

822

(1) "Appointing authority" means any person or body that has	823
the authority to hire, appoint, or employ emergency medical	824
technicians-basic, emergency medical technicians-intermediate, or	825
emergency medical technicians-paramedic.	826

(2) "Criminal records check" has the same meaning as in	827
section 109.578 of the Revised Code.	828

(3) "Superintendent of BCII" has the same meaning as in	829
section 2151.86 of the Revised Code.	830

Section 2. That existing section 149.43 of the Revised Code	831
is hereby repealed.	832