REPRESENTATIVES Flowers, Carmichael

To amend sections 149.43, 3731.01, and 3731.03 and to

1

enact sections 109.578, 505.381, 737.081, 737.221,

2

and 4765.301 of the Revised Code to permit

3

background checks on firefighters and EMT's, to

4

exempt from the Public Records Law specified

5

residential and familial information about an EMT

6

or a member of a fire department, and to make

7

changes in the Hotel Law.

8

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

Section 1. That sections 149.43, 3731.01, and 3731.03 be	9
amended and sections 109.578, 505.381, 737.081, 737.221, and	10
4765.301 of the Revised Code be enacted to read as follows:	11

Sec. 109.578. (A) On receipt of a request pursuant to	12
section 505.381, 737.081, 737.221, or 4765.301 of the Revised	13
Code, a completed form prescribed pursuant to division (C)(1) of	14
this section, and a set of fingerprint impressions obtained in the	15
manner described in division (C)(2) of this section, the	16
superintendent of the bureau of criminal identification and	17
investigation shall conduct a criminal records check in the manner	18
described in division (B) of this section to determine whether any	19
information exists that indicates that the person who is the	20
subject of the request previously has been convicted of or pleaded	21
guilty to any of the following:	22

(1) A felony;

23

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

24

(3) A violation of an existing or former law of this state,	25
any other state, or the United States that is substantially	26
equivalent to any of the offenses listed in division (A)(1) or (2)	27
of this section.	28

(B) The superintendent shall conduct any criminal records	29
check pursuant to division (A) of this section as follows:	30

(1) The superintendent shall review or cause to be reviewed	31
any relevant information gathered and compiled by the bureau under	32
division (A) of section 109.57 of the Revised Code that relates to	33
the person who is the subject of the request, including any	34
relevant information contained in records that have been sealed	35
under section 2953.32 of the Revised Code.	36

(2) If the request received by the superintendent asks for	37
information from the federal bureau of investigation, the	38
superintendent shall request from the federal bureau of	39
investigation any information it has with respect to the person	40
who is the subject of the request and shall review or cause to be	41
reviewed any information the superintendent receives from that	42
bureau.	43

(C)(1) The superintendent shall prescribe a form to obtain	44
the information necessary to conduct a criminal records check from	45
any person for whom a criminal records check is requested pursuant	46
to section 505.381, 737.081, 737.221, or 4765.301 of the Revised	47
Code. The form that the superintendent prescribes pursuant to	48
this division may be in a tangible format, in an electronic	49
format, or in both tangible and electronic formats.	50

(2) The superintendent shall prescribe standard impression	51
sheets to obtain the fingerprint impressions of any person for	52
whom a criminal records check is requested pursuant to section	53
505.381, 737.081, 737.221, or 4765.301 of the Revised Code. Any	54
person for whom a records check is requested pursuant to any of	55
those sections shall obtain the fingerprint impressions at a	56
county sheriff's office, a municipal police department, or any	57
other entity with the ability to make fingerprint impressions on	58
the standard impression sheets prescribed by the superintendent.	59
The office, department, or entity may charge the person a	60
reasonable fee for making the impressions. The standard	61
impression sheets the superintendent prescribes pursuant to this	62
division may be in a tangible format, in an electronic format, or	63
in both tangible and electronic formats.	64

(3) Subject to division (D) of this section, the	65
superintendent shall prescribe and charge a reasonable fee for	66
providing a criminal records check requested under section	67
505.381, 737.081, 737.221, or 4765.301 of the Revised Code. The	68
person making the criminal records request shall pay the fee	69
prescribed pursuant to this division.	70

(4) The superintendent may prescribe methods of forwarding	71
fingerprint impressions and information necessary to conduct a	72
criminal records check. The methods shall include, but are not	73
limited to, an electronic method.	74

(D) A determination whether any information exists that	75
indicates that a person previously has been convicted of or	76
pleaded guilty to any offense listed or described in division (A)	77
of this section and that the superintendent made with respect to	78
information considered in a criminal records check in accordance	79
with this section is valid for the person who is the subject of	80
the criminal records check for a period of one year from the date	81
upon which the superintendent makes the determination. During the	82
period in which the determination in regard to a person is valid,	83
if another request under this section is made for a criminal	84
records check for that person, the superintendent shall provide	85
the information that is the basis for the superintendent's initial	86
determination at a lower fee than the fee prescribed for the	87
initial criminal records check.	88

(E) As used in this section, "criminal records check" means	89
any criminal records check conducted by the superintendent of the	90
bureau of criminal identification and investigation in accordance	91
with division (B) of this section.	92

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

93

(1) "Public record" means records kept by any public	94
office, including, but not limited to, state, county, city,	95
village, township, and school district units, and records	96
pertaining to the delivery of educational services by an	97
alternative school in Ohio kept by a nonprofit or for profit	98
entity operating such alternative school pursuant to section	99
3313.533 of the Revised Code. "Public record" does not mean any of	100
the following:	101

(a) Medical records;

102

(b) Records pertaining to probation and parole proceedings;

103

(c) Records pertaining to actions under section 2151.85 and	104
division (C) of section 2919.121 of the Revised Code and to	105
appeals of actions arising under those sections;	106

(d) Records pertaining to adoption proceedings, including	107
the contents of an adoption file maintained by the department of	108
health under section 3705.12 of the Revised Code;	109

(e) Information in a record contained in the putative father	110
registry established by section 3107.062 of the Revised Code,	111
regardless of whether the information is held by the department of	112
job and family services or, pursuant to section 3111.69 of the	113
Revised Code, the office of child support in the department or a	114
child support enforcement agency;	115

(f) Records listed in division (A) of section 3107.42 of the	116
Revised Code or specified in division (A) of section 3107.52 of	117
the Revised Code;	118

(g) Trial preparation records;

119

(h) Confidential law enforcement investigatory records;

120

(i) Records containing information that is confidential	121
under section 2317.023 or 4112.05 of the Revised Code;	122

(j) DNA records stored in the DNA database pursuant to	123
section 109.573 of the Revised Code;	124

(k) Inmate records released by the department of	125
rehabilitation and correction to the department of youth services	126
or a court of record pursuant to division (E) of section 5120.21	127
of the Revised Code;	128

(l) Records maintained by the department of youth services	129
pertaining to children in its custody released by the department	130
of youth services to the department of rehabilitation and	131
correction pursuant to section 5139.05 of the Revised Code;	132

(m) Intellectual property records;

133

(n) Donor profile records;

134

(o) Records maintained by the department of job and family	135
services pursuant to section 3121.894 of the Revised Code;	136

(p) Peace officer, firefighter, or EMT residential and	137
familial information;	138

(q) In the case of a county hospital operated pursuant to	139
Chapter 339. of the Revised Code, information that constitutes a	140
trade secret, as defined in section 1333.61 of the Revised Code;	141

(r) Information pertaining to the recreational activities of	142
a person under the age of eighteen;	143

(s) Records provided to, statements made by review board	144
members during meetings of, and all work products of a child	145
fatality review board acting under sections 307.621 to 307.629 of	146
the Revised Code, other than the report prepared pursuant to	147
section 307.626 of the Revised Code;	148

(t) Records provided to and statements made by the executive	149
director of a public children services agency or a prosecuting	150
attorney acting pursuant to section 5153.171 of the Revised Code	151
other than the information released under that section;	152

(u) Test materials, examinations, or evaluation tools used	153
in an examination for licensure as a nursing home administrator	154
that the board of examiners of nursing home administrators	155
administers under section 4751.04 of the Revised Code or contracts	156
under that section with a private or government entity to	157
administer;	158

(v) Records the release of which is prohibited by state or	159
federal law.	160

(2) "Confidential law enforcement investigatory record"	161
means any record that pertains to a law enforcement matter of a	162
criminal, quasi-criminal, civil, or administrative nature, but	163
only to the extent that the release of the record would create a	164
high probability of disclosure of any of the following:	165

(a) The identity of a suspect who has not been charged with	166
the offense to which the record pertains, or of an information	167
source or witness to whom confidentiality has been reasonably	168
promised;	169

(b) Information provided by an information source or witness	170
to whom confidentiality has been reasonably promised, which	171
information would reasonably tend to disclose the source's or	172
witness's identity;	173

(c) Specific confidential investigatory techniques or	174
procedures or specific investigatory work product;	175

(d) Information that would endanger the life or physical	176
safety of law enforcement personnel, a crime victim, a witness, or	177
a confidential information source.	178

(3) "Medical record" means any document or combination of	179
documents, except births, deaths, and the fact of admission to or	180
discharge from a hospital, that pertains to the medical history,	181
diagnosis, prognosis, or medical condition of a patient and that	182
is generated and maintained in the process of medical treatment.	183

(4) "Trial preparation record" means any record that	184
contains information that is specifically compiled in reasonable	185
anticipation of, or in defense of, a civil or criminal action or	186
proceeding, including the independent thought processes and	187
personal trial preparation of an attorney.	188

(5) "Intellectual property record" means a record, other	189
than a financial or administrative record, that is produced or	190
collected by or for faculty or staff of a state institution of	191
higher learning in the conduct of or as a result of study or	192
research on an educational, commercial, scientific, artistic,	193
technical, or scholarly issue, regardless of whether the study or	194
research was sponsored by the institution alone or in conjunction	195
with a governmental body or private concern, and that has not been	196
publicly released, published, or patented.	197

(6) "Donor profile record" means all records about donors or	198
potential donors to a public institution of higher education	199
except the names and reported addresses of the actual donors and	200
the date, amount, and conditions of the actual donation.	201

(7) "Peace officer, firefighter, or EMT residential and	202
familial information" means either of the following:	203

(a) Any information maintained in a personnel record of a	204
peace officer, firefighter, or EMT that discloses any of the	205
following:	206

(i) The address of the actual personal residence of a peace	207
officer, firefighter, or EMT, except for the state or political	208
subdivision in which the peace officer, firefighter, or EMT	209
resides;	210

(ii) Information compiled from referral to or participation	211
in an employee assistance program;	212

(iii) The social security number, the residential telephone	213
number, any bank account, debit card, charge card, or credit card	214
number, or the emergency telephone number of, or any medical	215
information pertaining to, a peace officer, firefighter, or EMT;	216

(iv) The name of any beneficiary of employment benefits,	217
including, but not limited to, life insurance benefits, provided	218
to a peace officer, firefighter, or EMT by the peace officer's,	219
firefighter's, or EMT's employer;	220

(v) The identity and amount of any charitable or employment	221
benefit deduction made by the peace officer's, firefighter's, or	222
EMT's employer from the peace officer's, firefighter's, or EMT's	223
compensation unless the amount of the deduction is required by	224
state or federal law;	225

(vi) The name, the residential address, the name of the	226
employer, the address of the employer, the social security number,	227
the residential telephone number, any bank account, debit card,	228
charge card, or credit card number, or the emergency telephone	229
number of the spouse, a former spouse, or any child of a peace	230
officer, firefighter, or EMT.	231

(b) Any record that identifies a person's occupation as a	232
peace officer, firefighter, or EMT other than statements required	233
to include the disclosure of that fact under the campaign finance	234
law.	235

As used in divisions (A)(7) and (B)(5) of this section,	236
"peace officer" has the same meaning as in section 109.71 of the	237
Revised Code and also includes the superintendent and troopers of	238
the state highway patrol; it does not include the sheriff of a	239
county or a supervisory employee who, in the absence of the	240
sheriff, is authorized to stand in for, exercise the authority of,	241
and perform the duties of the sheriff.	242

As used in divisions (A)(7) and (B)(5) of this section,	243
"firefighter" means any regular, paid or volunteer, member of a	244
lawfully constituted fire department of a municipal corporation,	245
township, fire district, or village.	246

As used in divisions (A)(7) and (B)(5) of this section, "EMT"	247
means EMTs-basic, EMTs-I, and paramedics that provide emergency	248
medical services for a public emergency medical service	249
organization. "Emergency medical service organization,"	250
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in	251
section 4765.01 of the Revised Code.	252

(8) "Information pertaining to the recreational activities	253
of a person under the age of eighteen" means information that is	254
kept in the ordinary course of business by a public office, that	255
pertains to the recreational activities of a person under the age	256
of eighteen years, and that discloses any of the following:	257

(a) The address or telephone number of a person under the	258
age of eighteen or the address or telephone number of that	259
person's parent, guardian, custodian, or emergency contact person;	260

(b) The social security number, birth date, or photographic	261
image of a person under the age of eighteen;	262

(c) Any medical record, history, or information pertaining	263
to a person under the age of eighteen;	264

(d) Any additional information sought or required about a	265
person under the age of eighteen for the purpose of allowing that	266
person to participate in any recreational activity conducted or	267
sponsored by a public office or to use or obtain admission	268
privileges to any recreational facility owned or operated by a	269
public office.	270

(B)(1) Subject to division (B)(4) of this section, all	271
public records shall be promptly prepared and made available for	272
inspection to any person at all reasonable times during regular	273
business hours. Subject to division (B)(4) of this section, upon	274
request, a public office or person responsible for public records	275
shall make copies available at cost, within a reasonable period of	276
time. In order to facilitate broader access to public records,	277
public offices shall maintain public records in a manner that they	278
can be made available for inspection in accordance with this	279
division.	280

(2) If any person chooses to obtain a copy of a public	281
record in accordance with division (B)(1) of this section, the	282
public office or person responsible for the public record shall	283
permit that person to choose to have the public record duplicated	284
upon paper, upon the same medium upon which the public office or	285
person responsible for the public record keeps it, or upon any	286
other medium upon which the public office or person responsible	287
for the public record determines that it reasonably can be	288
duplicated as an integral part of the normal operations of the	289
public office or person responsible for the public record. When	290
the person seeking the copy makes a choice under this division,	291
the public office or person responsible for the public record	292
shall provide a copy of it in accordance with the choice made by	293
the person seeking the copy.	294

(3) Upon a request made in accordance with division (B)(1)	295
of this section, a public office or person responsible for public	296
records shall transmit a copy of a public record to any person by	297
United States mail within a reasonable period of time after	298
receiving the request for the copy. The public office or person	299
responsible for the public record may require the person making	300
the request to pay in advance the cost of postage and other	301
supplies used in the mailing.	302

Any public office may adopt a policy and procedures that it	303
will follow in transmitting, within a reasonable period of time	304
after receiving a request, copies of public records by United	305
States mail pursuant to this division. A public office that	306
adopts a policy and procedures under this division shall comply	307
with them in performing its duties under this division.	308

In any policy and procedures adopted under this division, a	309
public office may limit the number of records requested by a	310
person that the office will transmit by United States mail to ten	311
per month, unless the person certifies to the office in writing	312
that the person does not intend to use or forward the requested	313
records, or the information contained in them, for commercial	314
purposes. For purposes of this division, "commercial" shall be	315
narrowly construed and does not include reporting or gathering	316
news, reporting or gathering information to assist citizen	317
oversight or understanding of the operation or activities of	318
government, or nonprofit educational research.	319

(4) A public office or person responsible for public records	320
is not required to permit a person who is incarcerated pursuant to	321
a criminal conviction or a juvenile adjudication to inspect or to	322
obtain a copy of any public record concerning a criminal	323
investigation or prosecution or concerning what would be a	324
criminal investigation or prosecution if the subject of the	325
investigation or prosecution were an adult, unless the request to	326
inspect or to obtain a copy of the record is for the purpose of	327
acquiring information that is subject to release as a public	328
record under this section and the judge who imposed the sentence	329
or made the adjudication with respect to the person, or the	330
judge's successor in office, finds that the information sought in	331
the public record is necessary to support what appears to be a	332
justiciable claim of the person.	333

(5) Upon written request made and signed by a journalist on	334
or after December 16, 1999, a public office, or person responsible	335
for public records, having custody of the records of the agency	336
employing a specified peace officer, firefighter, or EMT shall	337
disclose to the journalist the address of the actual personal	338
residence of the peace officer, firefighter or EMT and, if the	339
peace officer's, firefighter's or EMT's spouse, former spouse, or	340
child is employed by a public office, the name and address of the	341
employer of the peace officer's, firefighter's, or EMT's spouse,	342
former spouse, or child. The request shall include the	343
journalist's name and title and the name and address of the	344
journalist's employer and shall state that disclosure of the	345
information sought would be in the public interest.	346

As used in division (B)(5) of this section, "journalist"	347
means a person engaged in, connected with, or employed by any news	348
medium, including a newspaper, magazine, press association, news	349
agency, or wire service, a radio or television station, or a	350
similar medium, for the purpose of gathering, processing,	351
transmitting, compiling, editing, or disseminating information for	352
the general public.	353

(C) If a person allegedly is aggrieved by the failure of a	354
public office to promptly prepare a public record and to make it	355
available to the person for inspection in accordance with division	356
(B) of this section, or if a person who has requested a copy of a	357
public record allegedly is aggrieved by the failure of a public	358
office or the person responsible for the public record to make a	359
copy available to the person allegedly aggrieved in accordance	360
with division (B) of this section, the person allegedly aggrieved	361
may commence a mandamus action to obtain a judgment that orders	362
the public office or the person responsible for the public record	363
to comply with division (B) of this section and that awards	364
reasonable attorney's fees to the person that instituted the	365
mandamus action. The mandamus action may be commenced in the	366
court of common pleas of the county in which division (B) of this	367
section allegedly was not complied with, in the supreme court	368
pursuant to its original jurisdiction under Section 2 of Article	369
IV, Ohio Constitution, or in the court of appeals for the	370
appellate district in which division (B) of this section allegedly	371
was not complied with pursuant to its original jurisdiction under	372
Section 3 of Article IV, Ohio Constitution.	373

(D) Chapter 1347. of the Revised Code does not limit the	374
provisions of this section.	375

(E)(1) The bureau of motor vehicles may adopt rules pursuant	376
to Chapter 119. of the Revised Code to reasonably limit the number	377
of bulk commercial special extraction requests made by a person	378
for the same records or for updated records during a calendar	379
year. The rules may include provisions for charges to be made for	380
bulk commercial special extraction requests for the actual cost of	381
the bureau, plus special extraction costs, plus ten per cent. The	382
bureau may charge for expenses for redacting information, the	383
release of which is prohibited by law.	384

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

385

(a) "Actual cost" means the cost of depleted supplies,	386
records storage media costs, actual mailing and alternative	387
delivery costs, or other transmitting costs, and any direct	388
equipment operating and maintenance costs, including actual costs	389
paid to private contractors for copying services.	390

(b) "Bulk commercial special extraction request" means a	391
request for copies of a record for information in a format other	392
than the format already available, or information that cannot be	393
extracted without examination of all items in a records series,	394
class of records, or data base by a person who intends to use or	395
forward the copies for surveys, marketing, solicitation, or resale	396
for commercial purposes. "Bulk commercial special extraction	397
request" does not include a request by a person who gives	398
assurance to the bureau that the person making the request does	399
not intend to use or forward the requested copies for surveys,	400
marketing, solicitation, or resale for commercial purposes.	401

(c) "Commercial" means profit-seeking production, buying, or	402
selling of any good, service, or other product.	403

(d) "Special extraction costs" means the cost of the time	404
spent by the lowest paid employee competent to perform the task,	405
the actual amount paid to outside private contractors employed by	406
the bureau, or the actual cost incurred to create computer	407
programs to make the special extraction. "Special extraction	408
costs" include any charges paid to a public agency for computer or	409
records services.	410

(3) For purposes of divisions (E)(1) and (2) of this	411
section, "commercial surveys, marketing, solicitation, or resale"	412
shall be narrowly construed and does not include reporting or	413
gathering news, reporting or gathering information to assist	414
citizen oversight or understanding of the operation or activities	415
of government, or nonprofit educational research.	416

Sec. 505.381. (A) The fire chief of a township or fire	417
district may request the superintendent of BCII to conduct a	418
criminal records check with respect to any person who is under	419
consideration for appointment or employment as a permanent,	420
full-time paid firefighter or any person who is under	421
consideration for appointment as a volunteer firefighter.	422

(B)(1) The fire chief of the township or fire district may	423
request that the superintendent of BCII obtain information from	424
the federal bureau of investigation as a part of the criminal	425
records check requested pursuant to division (A) of this section.	426

(2) A fire chief authorized by division (A) of this section	427
to request a criminal records check shall provide to each person	428
for whom the fire chief intends to request a criminal records	429
check a copy of the form prescribed pursuant to division (C)(1) of	430
section 109.578 of the Revised Code and a standard impression	431
sheet to obtain fingerprint impressions prescribed pursuant to	432
division (C)(2) of section 109.578 of the Revised Code, obtain the	433
completed form and impression sheet from the person, and forward	434
the completed form and impression sheet to the superintendent of	435
BCII at the time the criminal records check is requested.	436

(3) Any person subject to a criminal records check who	437
receives a copy of the form and a copy of the impression sheet	438
pursuant to division (B)(2) of this section and who is requested	439
to complete the form and provide a set of fingerprint impressions	440
shall complete the form or provide all the information necessary	441
to complete the form and shall provide the impression sheet with	442
the impressions of the person's fingerprints. If a person fails	443
to provide the information necessary to complete the form or fails	444
to provide impressions of the person's fingerprints, the	445
appointing authority shall not appoint or employ the person as a	446
permanent, full-time paid firefighter or a volunteer firefighter.	447

(C)(1) Except as otherwise provided in division (C)(2) of	448
this section, an appointing authority shall not appoint or employ	449
a person as a permanent, full-time paid firefighter or a volunteer	450
firefighter if the fire chief has requested a criminal records	451
check pursuant to division (A) of this section and the criminal	452
records check indicates that the person previously has been	453
convicted of or pleaded guilty to any of the following:	454

(a) A felony;

455

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

456

(c) A violation of an existing or former law of this state,	457
any other state, or the United States that is substantially	458
equivalent to any of the offenses described in division (C)(1)(a)	459
or (b) of this section.	460

(2) Notwithstanding division (C)(1) of this section, an	461
appointing authority may appoint or employ a person as a	462
permanent, full-time paid firefighter or a volunteer firefighter	463
if all of the following apply:	464

(a) The fire chief has requested a criminal records check	465
pursuant to division (A) of this section.	466

(b) The criminal records check indicates that the person	467
previously has been convicted of or pleaded guilty to any of the	468
offenses described in division (C)(1) of this section.	469

(c) The person meets rehabilitation standards established in	470
rules adopted under division (E) of this section.	471

(3) If a fire chief requests a criminal records check	472
pursuant to division (A) of this section, an appointing authority	473
may appoint or employ a person as a permanent, full-time paid	474
firefighter or volunteer firefighter conditionally until the	475
criminal records check is completed and the fire chief receives	476
the results. If the results of the criminal records check	477
indicate that, pursuant to division (C)(1) of this section, the	478
person subject to the criminal records check does not qualify for	479
appointment or employment, the fire chief shall release the person	480
from appointment or employment.	481

(D) The fire chief shall pay to the bureau of criminal	482
identification and investigation the fee prescribed pursuant to	483
division (C)(3) of section 109.578 of the Revised Code for each	484
criminal records check conducted in accordance with that section.	485
The fire chief may charge the applicant who is subject to the	486
criminal records check a fee for the costs the fire chief incurs	487
in obtaining the criminal records check. A fee charged under this	488
division shall not exceed the amount of fees the fire chief pays	489
for the criminal records check. If a fee is charged under this	490
division, the fire chief shall notify the applicant at the time	491
of the applicant's initial application for appointment or	492
employment of the amount of the fee and that, unless the fee is	493
paid, the applicant will not be considered for appointment or	494
employment.	495

(E) The appointing authority shall adopt rules in accordance	496
with Chapter 119. of the Revised Code to implement this section.	497
The rules shall include rehabilitation standards a person who has	498
been convicted of or pleaded guilty to an offense listed in	499
division (C)(1) of this section must meet for the appointing	500
authority to appoint or employ the person as a permanent,	501
full-time paid firefighter or a volunteer firefighter.	502

(F) A fire chief who intends to request a criminal records	503
check for an applicant shall inform the applicant, at the time of	504
the person's initial application for appointment or employment,	505
that the applicant is required to provide a set of impressions of	506
the applicant's fingerprints and that the fire chief requires a	507
criminal records check to be conducted and satisfactorily	508
completed in accordance with section 109.578 of the Revised Code.	509

(G) As used in this section:

510

(1) "Appointing authority" means any person or body that has	511
the authority to hire, appoint, or employ permanent, full-time	512
paid firefighters and volunteer firefighters under section 505.38	513
of the Revised Code.	514

(2) "Criminal records check" has the same meaning as in	515
section 109.578 of the Revised Code.	516

(3) "Superintendent of BCII" has the same meaning as in	517
section 2151.86 of the Revised Code.	518

Sec. 737.081. (A) The fire chief of a city fire department	519
may request the superintendent of BCII to conduct a criminal	520
records check with respect to any person who is under	521
consideration for appointment or employment as a permanent,	522
full-time paid firefighter or any person who is under	523
consideration for appointment as a volunteer firefighter.	524

(B)(1) The fire chief of the city fire department may request	525
that the superintendent of BCII obtain information from the	526
federal bureau of investigation as a part of the criminal records	527
check requested pursuant to division (A) of this section.	528

(2) A fire chief authorized by division (A) of this section	529
to request a criminal records check shall provide to each person	530
for whom the fire chief intends to request a criminal records	531
check a copy of the form prescribed pursuant to division (C)(1) of	532
section 109.578 of the Revised Code and a standard impression	533
sheet to obtain fingerprint impressions prescribed pursuant to	534
division (C)(2) of section 109.578 of the Revised Code, obtain the	535
completed form and impression sheet from the person, and forward	536
the completed form and impression sheet to the superintendent of	537
BCII at the time the criminal records check is requested.	538

(3) Any person subject to a criminal records check who	539
receives a copy of the form and a copy of the impression sheet	540
pursuant to division (B)(2) of this section and who is requested	541
to complete the form and provide a set of fingerprint impressions	542
shall complete the form or provide all the information necessary	543
to complete the form and shall provide the impression sheet with	544
the impressions of the person's fingerprints. If a person fails	545
to provide the information necessary to complete the form or fails	546
to provide impressions of the person's fingerprints, the	547
appointing authority shall not appoint or employ the person as a	548
permanent full-time paid firefighter or a volunteer firefighter.	549

(C)(1) Except as otherwise provided in division (C)(2) of	550
this section, an appointing authority shall not appoint or employ	551
a person as a permanent, full-time paid firefighter or a volunteer	552
firefighter if the fire chief has requested a criminal records	553
check pursuant to division (A) of this section and the criminal	554
records check indicates that the person previously has been	555
convicted of or pleaded guilty to any of the following:	556

(a) A felony;

557

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

558

(c) A violation of an existing or former law of this state,	559
any other state, or the United States that is substantially	560
equivalent to any of the offenses described in division (C)(1)(a)	561
or (b) of this section.	562

(2) Notwithstanding division (C)(1) of this section, an	563
appointing authority may appoint or employ a person as a	564
permanent, full-time paid firefighter or a volunteer firefighter	565
if all of the following apply:	566

(a) The fire chief has requested a criminal records check	567
pursuant to division (A) of this section.	568

(b) The criminal records check indicates that the person	569
previously has been convicted of or pleaded guilty to any of the	570
offenses described in division (C)(1) of this section.	571

(c) The person meets rehabilitation standards established in	572
rules adopted under division (E) of this section.	573

(3) If a fire chief requests a criminal records check	574
pursuant to division (A) of this section, an appointing authority	575
may appoint or employ a person as a permanent, full-time paid	576
firefighter or volunteer firefighter conditionally until the	577
criminal records check is completed and the fire chief receives	578
the results. If the results of the criminal records check	579
indicate that, pursuant to division (C)(1) of this section, the	580
person subject to the criminal records check is disqualified from	581
appointment or employment, the fire chief shall release the person	582
from appointment or employment.	583

(D) The fire chief shall pay to the bureau of criminal	584
identification and investigation the fee prescribed pursuant to	585
division (C)(3) of section 109.578 of the Revised Code for each	586
criminal records check conducted in accordance with that section.	587
The fire chief may charge the applicant who is subject to the	588
criminal records check a fee for the costs the fire chief incurs	589
in obtaining the criminal records check. A fee charged under this	590
division shall not exceed the amount of fees the fire chief pays	591
for the criminal records check. If a fee is charged under this	592
division, the fire chief shall notify the applicant at the time of	593
the applicant's initial application for appointment or employment	594
of the amount of the fee and that, unless the fee is paid, the	595
applicant will not be considered for appointment or employment.	596

(E) The appointing authority shall adopt rules in accordance	597
with Chapter 119. of the Revised Code to implement this section.	598
The rules shall include rehabilitation standards a person who has	599
been convicted of or pleaded guilty to an offense listed in	600
division (C)(1) of this section must meet for the appointing	601
authority to appoint or employ the person as a permanent,	602
full-time paid firefighter or a volunteer firefighter.	603

(F) A fire chief who intends to request a criminal records	604
check for an applicant shall inform each applicant, at the time of	605
the person's initial application for appointment or employment,	606
that the applicant is required to provide a set of impressions of	607
the person's fingerprints and that the fire chief requires a	608
criminal records check to be conducted and satisfactorily	609
completed in accordance with section 109.578 of the Revised Code.	610

(G) As used in this section:

611

(1) "Appointing authority" means any person or body that has	612
the authority to hire, appoint, or employ permanent, full-time	613
paid firefighters and volunteer firefighters under section 737.08	614
of the Revised Code.	615

(2) "Criminal records check" has the same meaning as in	616
section 109.578 of the Revised Code.	617

(3) "Superintendent of BCII" has the same meaning as in	618
section 2151.86 of the Revised Code.	619

Sec. 737.221. (A) The fire chief of a village fire	620
department may request the superintendent of BCII to conduct a	621
criminal records check with respect to any person who is under	622
consideration for appointment or employment as a permanent,	623
full-time paid firefighter or any person who is under	624
consideration for appointment as a volunteer firefighter.	625

(B)(1) The fire chief of the village fire department may	626
request that the superintendent of BCII obtain information from	627
the federal bureau of investigation as a part of the criminal	628
records check requested pursuant to division (A) of this section.	629

(2) A fire chief authorized by division (A) of this section	630
to request a criminal records check shall provide to each person	631
for whom the fire chief intends to request a criminal records	632
check a copy of the form prescribed pursuant to division (C)(1) of	633
section 109.578 of the Revised Code and a standard impression	634
sheet to obtain fingerprint impressions prescribed pursuant to	635
division (C)(2) of section 109.578 of the Revised Code, obtain the	636
completed form and impression sheet from the person, and forward	637
the completed form and impression sheet to the superintendent of	638
BCII at the time the criminal records check is requested.	639

(3) Any person subject to a criminal records check who	640
receives a copy of the form and a copy of the impression sheet	641
pursuant to division (B)(2) of this section and who is requested	642
to complete the form and provide a set of fingerprint impressions	643
shall complete the form or provide all the information necessary	644
to complete the form and shall provide the impression sheet with	645
the impressions of the person's fingerprints. If a person fails	646
to provide the information necessary to complete the form or fails	647
to provide impressions of the person's fingerprints, the	648
appointing authority shall not appoint or employ the person as a	649
permanent full-time paid firefighter or a volunteer firefighter.	650

(C)(1) Except as otherwise provided in division (C)(2) of	651
this section, an appointing authority shall not appoint or employ	652
a person as a permanent, full-time paid firefighter or a volunteer	653
firefighter if the fire chief has requested a criminal records	654
check pursuant to division (A) of this section and the criminal	655
records check indicates that the person previously has been	656
convicted of or pleaded guilty to any of the following:	657

(a) A felony;

658

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

659

(c) A violation of an existing or former law of this state,	660
any other state, or the United States that is substantially	661
equivalent to any of the offenses described in division (C)(1)(a)	662
or (b) of this section.	663

(2) Notwithstanding division (C)(1) of this section, an	664
appointing authority may appoint or employ a person as a	665
permanent, full-time paid firefighter or a volunteer firefighter	666
if all of the following apply:	667

(a) The fire chief has requested a criminal records check	668
pursuant to division (A) of this section.	669

(b) The criminal records check indicates that the person	670
previously has been convicted of or pleaded guilty to any of the	671
offenses described in division (C)(1) of this section.	672

(c) The person meets rehabilitation standards established in	673
rules adopted under division (E) of this section.	674

(3) If a fire chief requests a criminal records check	675
pursuant to division (A) of this section, an appointing authority	676
may appoint or employ a person as a permanent, full-time paid	677
firefighter or volunteer firefighter conditionally until the	678
criminal records check is completed and the fire chief receives	679
the results. If the results of the criminal records check	680
indicate that, pursuant to division (C)(1) of this section, the	681
person subject to the criminal records check is disqualified from	682
appointment or employment, the fire chief shall release the person	683
from appointment or employment.	684

(D) The fire chief shall pay to the bureau of criminal	685
identification and investigation the fee prescribed pursuant to	686
division (C)(3) of section 109.578 of the Revised Code for each	687
criminal records check conducted in accordance with that section.	688
The fire chief may charge the applicant who is subject to the	689
criminal records check a fee for the costs the fire chief incurs	690
in obtaining the criminal records check. A fee charged under this	691
division shall not exceed the amount of fees the fire chief pays	692
for the criminal records check. If a fee is charged under this	693
division, the fire chief shall notify the applicant at the time of	694
the applicant's initial application for appointment or employment	695
of the amount of the fee and that, unless the fee is paid, the	696
applicant will not be considered for appointment or employment.	697

(E) The appointing authority shall adopt rules in accordance	698
with Chapter 119. of the Revised Code to implement this section.	699
The rules shall include rehabilitation standards a person who has	700
been convicted of or pleaded guilty to an offense listed in	701
division (C)(1) of this section must meet for the appointing	702
authority to appoint or employ the person as a permanent,	703
full-time paid firefighter or a volunteer firefighter.	704

(F) A fire chief who intends to request a criminal records	705
check for an applicant shall inform each applicant, at the time of	706
the person's initial application for appointment or employment,	707
that the applicant is required to provide a set of impressions of	708
the person's fingerprints and that the fire chief requires a	709
criminal records check to be conducted and satisfactorily	710
completed in accordance with section 109.578 of the Revised Code.	711

(G) As used in this section:

712

(1) "Appointing authority" means any person or body that has	713
the authority to hire, appoint, or employ permanent, full-time	714
paid firefighters and volunteer firefighters under section 737.22	715
of the Revised Code.	716

(2) "Criminal records check" has the same meaning as in	717
section 109.578 of the Revised Code.	718

(3) "Superintendent of BCII" has the same meaning as in	719
section 2151.86 of the Revised Code.	720

Sec. 3731.01. (A) As used in sections 3731.01 to 3731.21 of	721
the Revised Code:	722

(A)(1) "Hotel" means either of the following:

723

(1)(a) Any structure consisting of one or more buildings,	724
with more than five sleeping rooms, that is kept, used,	725
maintained, advertised, or held out to the public to be a place	726
where sleeping accommodations are offered for pay to transient	727
guests for a period of thirty days or less, including, but not	728
limited to, such a structure denoted as a hotel, motel, motor	729
hotel, lodge, motor lodge, bed and breakfast, or inn;	730

(2) Those facilities(b) Any structure consisting of one or	731
more buildings, with more than five sleeping rooms, that is	732
specifically constructed, kept, used, maintained, advertised, and	733
held out to the public to offerbe a place where temporary	734
residence is offered for pay to persons either relocating their	735
residence in an area or on temporary work assignment in an area,	736
including, but not limited to, an extended stay hotel or extended	737
stay motel that is specifically constructed, and approved by the	738
building official having jurisdiction over it and by the fire	739
marshal, for extended stay temporary residence by persons, and	740
that contains six or more dwelling units with provision for	741
living, eating, cooking, sanitation, and sleeping.	742

"Hotel" does not include agricultural labor camps, apartment	743
houses, lodging houses, rooming houses, or hospital or college	744
dormitories.	745

(B)(2) "SRO facility" means a facility with more than five	746
sleeping rooms that is kept, used, maintained, advertised, or held	747
out to the public as a place where sleeping rooms are offered on a	748
single room occupancy (SRO) basis and that is intended for use as	749
a primary residence for residential guests for a period of more	750
than thirty days.	751

"Hotel" and "SRO facility" dodoes not include agricultural	752
labor camps, apartment houses, lodging houses, rooming houses, or	753
hospital or college dormitories.	754

(C)(3) "Single room occupancy (SRO) basis" means one	755
occupant per room.	756

(B) This chapter does not apply to apartment buildings and	757
other structures in which all of the units are residential	758
premises.	759

Sec. 3731.03.  (A) Every person in the business of	760
conducting a hotel or an SRO facility shall procure a license for	761
each hotel or SRO facility conducted or proposed to be conducted.	762
No hotel or SRO facility shall be maintained, conducted, or	763
advertised without a license, and all such licenses shall expire	764
on the last day of December of each year, and shall be renewed	765
according to the standard renewal procedure of sections 4745.01 to	766
4745.03 of the Revised Code. A person who has received a license,	767
upon the sale or disposition of the hotel or SRO facility or the	768
its removal to a new location, may, upon obtaining consent of the	769
fire marshal, have the license transferred. No license shall be	770
transferred without the consent of the fire marshal.	771

(B) A license to maintain and operate a hotel or an SRO	772
facility shall not be issued to the keeper, owner, or lessee of	773
any hotel or SRO facility where accommodations for assignation	774
purposes are furnished, noror to any keeper, owner, or lessee who	775
has been convicted of keeping a place in violation of the law	776
relating to houses of assignation or places of public nuisance.	777

(C)(1) No person licensed to maintain and operate a hotel or	778
SRO facility also shall also maintain and operate an agricultural	779
labor campscamp, apartment houseshouse, lodging houseshouse,	780
rooming houseshouse, or hospital or college dormitoriesdormitory	781
in the same building or structure as is located athe licensed	782
hotel or SRO facility licensed pursuant to this chapter, unless	783
the agricultural labor camp, apartment house, lodging house,	784
rooming house, or hospital or college dormitory has been	785
constructed as, and been approved by the building official having	786
jurisdiction over it and by the fire marshal as being, a separate	787
building within the hotel or SRO facility structure in accordance	788
with approved building separation rated assemblies.	789

(2) All hotel and SRO facility uses shall continue in	790
accordance with their approval under the license issued by the	791
fire marshal unless a change in use has been approved by the	792
building official having jurisdiction over the hotel or SRO	793
facility and by the fire marshal.	794

(D) A license to maintain and operate an SRO facility shall	795
permit the facility to offer rooms for thirty days or less if less	796
than fifty per cent of its rooms are occupied for a period of	797
thirty days or less.	798

Sec. 4765.301. (A) An appointing authority may request the	799
superintendent of BCII to conduct a criminal records check with	800
respect to any person who is under consideration for appointment	801
or employment as an emergency medical technician-basic, an	802
emergency medical technician-intermediate, or an emergency medical	803
technician-paramedic.	804

(B)(1) The appointing authority may request that the	805
superintendent of BCII obtain information from the federal bureau	806
of investigation as a part of the criminal records check requested	807
pursuant to division (A) of this section.	808

(2) An appointing authority authorized by division (A) of	809
this section to request a criminal records check shall provide to	810
each person for whom the appointing authority intends to request a	811
criminal records check a copy of the form prescribed pursuant to	812
division (C)(1) of section 109.578 of the Revised Code and a	813
standard impression sheet to obtain fingerprint impressions	814
prescribed pursuant to division (C)(2) of section 109.578 of the	815
Revised Code, obtain the completed form and impression sheet from	816
the person, and forward the completed form and impression sheet to	817
the superintendent of BCII at the time the criminal records check	818
is requested.	819

(3) Any person subject to a criminal records check who	820
receives a copy of the form and a copy of the impression sheet	821
pursuant to division (B)(2) of this section and who is requested	822
to complete the form and provide a set of fingerprint impressions	823
shall complete the form or provide all the information necessary	824
to complete the form and shall provide the impression sheet with	825
the impressions of the person's fingerprints. If a person fails	826
to provide the information necessary to complete the form or fails	827
to provide impressions of the person's fingerprints, the	828
appointing authority shall not appoint or employ the person as an	829
emergency medical technician-basic, an emergency medical	830
technician-intermediate, or an emergency medical	831
technician-paramedic.	832

(C)(1) Except as otherwise provided in division (C)(2) of	833
this section, an appointing authority shall not appoint or employ	834
a person as an emergency medical technician-basic, an emergency	835
medical technician-intermediate, or an emergency medical	836
technician-paramedic if the appointing authority has requested a	837
criminal records check pursuant to division (A) of this section	838
and the criminal records check indicates that the person	839
previously has been convicted of or pleaded guilty to any of the	840
following:	841

(a) A felony;

842

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

843

(c) A violation of an existing or former law of this state,	844
any other state, or the United States that is substantially	845
equivalent to any of the offenses described in division (C)(1)(a)	846
or (b) of this section.	847

(2) Notwithstanding division (C)(1) of this section, an	848
appointing authority may appoint or employ a person as an	849
emergency medical technician-basic, an emergency medical	850
technician-intermediate, or an emergency medical	851
technician-paramedic if all of the following apply:	852

(a) The appointing authority has requested a criminal	853
records check pursuant to division (A) of this section.	854

(b) The criminal records check indicates that the person	855
previously has been convicted of or pleaded guilty to any of the	856
offenses described in division (C)(1) of this section.	857

(c) The person meets rehabilitation standards established in	858
rules adopted under division (E) of this section.	859

(3) If an appointing authority requests a criminal records	860
check pursuant to division (A) of this section, the appointing	861
authority may appoint or employ a person as an emergency medical	862
technician-basic, an emergency medical technician-intermediate, or	863
an emergency medical technician-paramedic conditionally until the	864
criminal records check is completed and the appointing authority	865
receives the results. If the results of the criminal records	866
check indicate that, pursuant to division (C)(1) of this section,	867
the person subject to the criminal records check is disqualified	868
from appointment or employment, the appointing authority shall	869
release the person from appointment or employment.	870

(D) The appointing authority shall pay to the bureau of	871
criminal identification and investigation the fee prescribed	872
pursuant to division (C)(3) of section 109.578 of the Revised Code	873
for each criminal records check conducted in accordance with that	874
section. The appointing authority may charge the applicant who is	875
subject to the criminal records check a fee for the costs the	876
appointing authority incurs in obtaining the criminal records	877
check. A fee charged under this division shall not exceed the	878
amount of fees the appointing authority pays for the criminal	879
records check. If a fee is charged under this division, the	880
appointing authority shall notify the applicant at the time of the	881
applicant's initial application for appointment or employment of	882
the amount of the fee and that, unless the fee is paid, the	883
applicant will not be considered for appointment or employment.	884

(E) The appointing authority shall adopt rules in accordance	885
with Chapter 119. of the Revised Code to implement this section.	886
The rules shall include rehabilitation standards a person who has	887
been convicted of or pleaded guilty to an offense listed in	888
division (C)(1) of this section must meet for the appointing	889
authority to appoint or employ the person as an emergency medical	890
technician-basic, an emergency medical technician-intermediate, or	891
an emergency medical technician-paramedic.	892

(F) An appointing authority that intends to request a	893
criminal records check for an applicant shall inform each	894
applicant, at the time of the person's initial application for	895
appointment or employment, that the applicant is required to	896
provide a set of impressions of the person's fingerprints and that	897
the appointing authority requires a criminal records check to be	898
conducted and satisfactorily completed in accordance with section	899
109.578 of the Revised Code.	900

(G) As used in this section:

901

(1) "Appointing authority" means any person or body that has	902
the authority to hire, appoint, or employ emergency medical	903
technicians-basic, emergency medical technicians-intermediate, or	904
emergency medical technicians-paramedic.	905

(2) "Criminal records check" has the same meaning as in	906
section 109.578 of the Revised Code.	907

(3) "Superintendent of BCII" has the same meaning as in	908
section 2151.86 of the Revised Code.	909

Section 2. That existing sections 149.43, 3731.01, and	910
3731.03 of the Revised Code are hereby repealed.	911