(1) "Public record" means
records kept by
any
public
office, | 10 |
including, but not limited to, state, county,
city,
village, | 11 |
township, and school district units,
and records
pertaining to the | 12 |
delivery of educational
services by an
alternative
school in Ohio | 13 |
kept by a nonprofit or
for profit
entity operating such | 14 |
alternative school pursuant to
section
3313.533 of the Revised | 15 |
Code. "Public record" does not
mean any of
the following: | 16 |
(3) "Medical record" means any document or combination of | 110 |
documents, except births, deaths, and the fact of admission to or | 111 |
discharge from a hospital, that pertains to the medical history, | 112 |
diagnosis, prognosis, or medical condition of a patient and that | 113 |
is generated and maintained in the process of medical treatment. | 114 |
(5) "Intellectual property record" means a record,
other
than | 120 |
a financial or administrative record, that is produced or | 121 |
collected
by or for faculty or staff of a state institution of | 122 |
higher learning in the
conduct of or as a result of study or | 123 |
research on an educational, commercial,
scientific, artistic, | 124 |
technical, or scholarly issue, regardless of whether the
study or | 125 |
research was sponsored by the institution alone or in conjunction | 126 |
with
a governmental body or private concern, and that has not been | 127 |
publicly
released, published, or patented. | 128 |
(7) "Peace(a) Except as otherwise provided in division | 133 |
(A)(7)(b) of this section, "information incidental to the | 134 |
employment of a peace officer, prosecuting attorney, assistant | 135 |
prosecuting attorney, correctional employee, youth services | 136 |
employee, firefighter, or EMT residential and
familial | 137 |
information"
means
either of the following: | 138 |
(i) The address of the actual personal residence of a peace | 144 |
officer, assistant prosecuting attorney, correctional employee, | 145 |
youth services employee, firefighter, or EMT, except for the state | 146 |
or political
subdivision in which
the peace
officer, assistant | 147 |
prosecuting attorney, correctional employee, youth services | 148 |
employee, firefighter, or EMT
resides; | 149 |
(iii) The social security number, the residential telephone | 152 |
number,
any bank account, debit card, charge card, or credit card | 153 |
number, or the
emergency telephone number of, or any medical | 154 |
information pertaining to, a peace officer, prosecuting attorney, | 155 |
assistant prosecuting attorney, correctional employee, youth | 156 |
services employee, firefighter, or EMT; | 157 |
(iv) The name of any beneficiary of employment benefits, | 158 |
including,
but not limited to, life insurance benefits, provided | 159 |
to a peace officer, prosecuting attorney, assistant prosecuting | 160 |
attorney, correctional employee, youth services employee, | 161 |
firefighter, or EMT by
the peace officer's, prosecuting | 162 |
attorney's, assistant prosecuting attorney's, correctional | 163 |
employee's, youth services employee's,
firefighter's, or EMT's | 164 |
employer; | 165 |
(v) The identity and amount of any charitable or employment | 166 |
benefit deduction made by the peace officer's, prosecuting | 167 |
attorney's, assistant prosecuting attorney's, correctional | 168 |
employee's, youth services employee's, firefighter's, or
EMT's | 169 |
employer from the
peace
officer's, prosecuting attorney's, | 170 |
assistant prosecuting attorney's, correctional employee's, youth | 171 |
services employee's, firefighter's, or EMT's
compensation
unless | 172 |
the amount of the deduction is
required by
state
or federal
law; | 173 |
(vi) The name, the residential address, the name of the | 174 |
employer,
the address of the employer, the social security number, | 175 |
the residential
telephone number, any bank account, debit card, | 176 |
charge card, or credit card
number, or the emergency telephone | 177 |
number
of the spouse, a former spouse, or any child of a peace | 178 |
officer, prosecuting attorney, assistant prosecuting attorney, | 179 |
correctional employee, youth services employee, firefighter, or | 180 |
EMT. | 181 |
(b) Any record that identifies a person's occupation as | 182 |
Information incidental to the employment of a
peace
officer, | 183 |
prosecuting attorney, assistant prosecuting attorney, correctional | 184 |
employee, youth services employee, firefighter, or EMT other than | 185 |
statements required
todoes not
include the
disclosure of that | 186 |
fact
under the campaign
finance
lawinformation contained in | 187 |
records filed in court. | 188 |
As used in divisions (A)(7) and (B)(5) of this section, | 189 |
"peace officer"
has the same meaning as in section 109.71 of the | 190 |
Revised Code
and also includes the superintendent and troopers of | 191 |
the state highway patrol;
it does not include the
sheriff of a | 192 |
county or a supervisory employee who, in the absence of the | 193 |
sheriff, is authorized to stand in for, exercise the authority of, | 194 |
and perform
the duties of the sheriff. | 195 |
As used in divisions (A)(7) and (B)(5) of this section, "EMT" | 210 |
means EMTs-basic, EMTs-I, and paramedics that provide emergency | 211 |
medical services for a public emergency medical service | 212 |
organization. "Emergency medical service organization," | 213 |
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in | 214 |
section 4765.01 of the Revised Code. | 215 |
(B)(1) Subject to division (B)(4) of this section, all
public | 238 |
records shall
be promptly prepared and made
available for | 239 |
inspection to any person at all reasonable times
during regular | 240 |
business hours. Subject to division (B)(4) of this section,
upon | 241 |
request, a public office or person
responsible for public records | 242 |
shall make copies available at
cost, within a reasonable period of | 243 |
time. In order to facilitate
broader access to public records, | 244 |
public offices shall
maintain public records in a manner that they | 245 |
can be made
available for inspection in accordance with this | 246 |
division. | 247 |
(2) If any person chooses to obtain a copy of a public
record | 248 |
in
accordance with division (B)(1) of this section,
the
public | 249 |
office or person responsible for the public record shall
permit | 250 |
that person to
choose to have the public record duplicated
upon | 251 |
paper, upon the same medium
upon which the public office or
person | 252 |
responsible for the public record keeps
it, or upon
any
other | 253 |
medium upon which the public office or person responsible
for the | 254 |
public record determines
that it reasonably can be
duplicated
as | 255 |
an integral part of the normal operations of the
public office or | 256 |
person
responsible for the public record. When
the person
seeking | 257 |
the copy makes a choice under this division,
the public office or | 258 |
person responsible for the public record
shall provide a copy of | 259 |
it in
accordance
with the choice made by
the person seeking the | 260 |
copy. | 261 |
(3) Upon a request made in accordance with division (B)(1)
of | 262 |
this section, a public office or person responsible for public | 263 |
records
shall transmit a copy of a public record to any person by | 264 |
United
States mail within a reasonable period of time after | 265 |
receiving the
request for the
copy. The public office or person | 266 |
responsible for the public record may
require the person making | 267 |
the request to pay in advance the cost of postage and other | 268 |
supplies used in
the mailing. | 269 |
In any policy and procedures adopted under this division, a | 276 |
public office may limit the number of records requested by a | 277 |
person that
the office will transmit by United States mail to ten | 278 |
per
month, unless the person certifies to the office in writing | 279 |
that the person
does not intend to use or forward the requested | 280 |
records, or the information
contained
in them, for commercial | 281 |
purposes. For purposes of this division, "commercial"
shall be | 282 |
narrowly construed and does not include reporting or gathering | 283 |
news,
reporting or gathering information to assist citizen | 284 |
oversight or
understanding of the operation or activities of | 285 |
government, or nonprofit
educational research. | 286 |
(4) A public office or person responsible for public records | 287 |
is
not required to permit a person who is incarcerated pursuant to | 288 |
a
criminal conviction or a juvenile adjudication to inspect or to | 289 |
obtain a copy of any public record concerning a criminal | 290 |
investigation or prosecution or concerning what would be a | 291 |
criminal investigation or prosecution if the subject of the | 292 |
investigation or prosecution were an adult, unless the request to | 293 |
inspect or to obtain a copy of the record is for the purpose of | 294 |
acquiring information that is subject to release as a public | 295 |
record under this section and the judge who imposed the sentence | 296 |
or made the adjudication with respect to the person, or the | 297 |
judge's successor in office, finds that the information sought in | 298 |
the public record is necessary to support what appears to be a | 299 |
justiciable claim of the person. | 300 |
(5) Upon written request made and signed by a journalist on | 301 |
or after
December 16,
1999, a
public office, or person responsible | 302 |
for public records, having custody of
the records of the agency | 303 |
employing a specified peace officer, prosecuting attorney, | 304 |
assistant prosecuting attorney, correctional employee, youth | 305 |
services employee, firefighter, or EMT shall
disclose
to the | 306 |
journalist the address of the actual personal
residence of
the | 307 |
peace
officer, prosecuting attorney, assistant prosecuting | 308 |
attorney, correctional employee, youth services employee, | 309 |
firefighter, or EMT and, if the
peace officer's, prosecuting | 310 |
attorney's, assistant prosecuting attorney's, correctional | 311 |
employee's, youth services employee's,
firefighter's, or EMT's | 312 |
spouse, former spouse,
or
child is employed by a
public office, | 313 |
the name and address of
the
employer of the peace
officer's, | 314 |
prosecuting attorney's, assistant prosecuting attorney's, | 315 |
correctional employee's, youth services employee's, firefighter's, | 316 |
or EMT's spouse,
former spouse, or
child.
The
request shall | 317 |
include the
journalist's name and title
and the
name
and address | 318 |
of the
journalist's employer and shall
state
that
disclosure of | 319 |
the
information sought would be in the
public
interest. | 320 |
As used in division (B)(5) of this section, "journalist" | 321 |
means a
person engaged in, connected with, or employed by any news | 322 |
medium, including a
newspaper, magazine, press association, news | 323 |
agency, or wire service, a radio or television station, or a | 324 |
similar medium, for the purpose of gathering, processing, | 325 |
transmitting, compiling, editing, or disseminating information for | 326 |
the
general public. | 327 |
(C) If a person allegedly is aggrieved by the failure of a | 328 |
public office to promptly prepare a public record and to make
it | 329 |
available to the person for inspection in accordance with
division | 330 |
(B) of this section, or if a person who has requested a copy of a | 331 |
public record allegedly is aggrieved by the failure of a public | 332 |
office or the
person
responsible for the public record to make a | 333 |
copy available to
the person allegedly aggrieved in accordance | 334 |
with division (B) of this section, the person allegedly aggrieved | 335 |
may commence a mandamus action to obtain a judgment that orders | 336 |
the public office or the person responsible for the public
record | 337 |
to comply with division (B) of this section and that
awards | 338 |
reasonable attorney's fees to the person that instituted
the | 339 |
mandamus action. The mandamus action may be commenced in the
court | 340 |
of common pleas of the county in which division (B) of this | 341 |
section allegedly was not complied with, in the supreme court | 342 |
pursuant to its original jurisdiction under Section 2 of Article | 343 |
IV, Ohio Constitution, or in the court of appeals for the | 344 |
appellate district in which division (B) of this section
allegedly | 345 |
was not complied with pursuant to its original
jurisdiction under | 346 |
Section 3 of Article IV, Ohio Constitution. | 347 |
(E)(1) The bureau of motor vehicles may adopt rules pursuant | 350 |
to
Chapter 119. of the Revised Code to reasonably
limit the number | 351 |
of bulk commercial special extraction requests made by a
person | 352 |
for the same records or for updated records during a calendar | 353 |
year.
The rules may include provisions for charges to be made for | 354 |
bulk commercial
special
extraction requests for the actual cost of | 355 |
the bureau, plus special extraction
costs, plus ten per cent. The | 356 |
bureau may charge for
expenses for redacting information, the | 357 |
release of which is prohibited by
law. | 358 |
(b) "Bulk commercial special extraction request" means a | 365 |
request
for copies of a record for information in a format other | 366 |
than the format
already available, or information that cannot be | 367 |
extracted without examination
of all items in a records series, | 368 |
class of records, or data base by a person
who intends to use or | 369 |
forward the copies for surveys, marketing, solicitation, or resale | 370 |
for
commercial purposes. "Bulk commercial special extraction | 371 |
request" does not
include a request by a person who gives | 372 |
assurance to the bureau that the
person making the request does | 373 |
not intend to use or forward the requested
copies for surveys, | 374 |
marketing,
solicitation, or resale for commercial purposes. | 375 |
(3) For purposes of divisions (E)(1)
and (2) of this
section, | 385 |
"commercial surveys, marketing, solicitation, or
resale"
shall be | 386 |
narrowly construed and does not include reporting or
gathering | 387 |
news, reporting or gathering information to assist
citizen | 388 |
oversight or
understanding of the operation or activities
of | 389 |
government, or nonprofit
educational research. | 390 |
Sec. 2921.24. (A) No officer or employee of a law | 391 |
enforcement agency or court, or of the office of the clerk of any | 392 |
court, shall disclose during the pendency of any criminal case
the | 393 |
home address of any peace officer, as defined in section
2935.01 | 394 |
of the Revised Code, correctional employee, or youth services | 395 |
employee who is a witness or arresting
officer in the case. | 396 |
(B) Division (A) of this section does not prohibit a peace | 397 |
officer, correctional employee, or youth services employee from | 398 |
disclosing histhe officer's or employee's own home
address, and | 399 |
does not apply
to any person who discloses the home address of a | 400 |
peace officer, correctional employee, or youth services employee | 401 |
pursuant to a court-ordered disclosure under division (C) of this | 402 |
section. | 403 |
Sec. 2921.25. (A) No judge of a court of record, or mayor | 418 |
presiding over a
mayor's court, shall order a peace officer, as | 419 |
defined in section 2935.01 of
the Revised Code, correctional | 420 |
employee, or youth services employee who is a witness in a | 421 |
criminal case, to disclose histhe officer's or employee's home | 422 |
address during histhe officer's or employee's examination in the | 423 |
case,
unless the judge or mayor
determines that the defendant has | 424 |
a right to the disclosure. | 425 |
(2) The peace officer or employee shall file the request | 441 |
described in division (A)(1) of this section on a form provided
by | 442 |
the registrar of motor vehicles and shall provide any
documentary | 443 |
evidence verifying the person's status as a peace
officer, | 444 |
correctional employee, or youth services employee and the | 445 |
officer's or employee's business address that the registrar | 446 |
requires pursuant
to division (G) of this section. | 447 |
(B)(1) Except as provided in division (C) of this section, if | 448 |
a
peace officer, correctional employee, or youth services employee | 449 |
has filed a request under division (A) of this
section, neither | 450 |
the registrar nor an employee or contractor of the bureau of motor | 451 |
vehicles shall
knowingly disclose the residence address of the | 452 |
peace officer or employee that the bureau obtained in
connection | 453 |
with a motor vehicle record. | 454 |
(2) In accordance with section 149.43 of the Revised Code, | 455 |
the
registrar or an employee or contractor of the bureau shall | 456 |
make available for inspection or copying a motor vehicle record of | 457 |
a peace officer, correctional employee, or youth services employee | 458 |
who has filed a
request under division (A) of this section if the | 459 |
record is a
public record under that section, but shall obliterate | 460 |
the residence
address of the peace officer or employee
from the | 461 |
record before making the record available for inspection or | 462 |
copying.
The business address
of the peace officer or employee may | 463 |
be made available in response to a valid
request under section | 464 |
149.43 of the Revised Code. | 465 |
(D) If a peace officer, correctional employee, or youth | 473 |
services employee files a request under division (A)(1)(b)
of this | 474 |
section, the officer shall still provide a residence
address in | 475 |
any application for a driver's license or license
renewal and in | 476 |
any application for a motor vehicle registration or
registration | 477 |
renewal. In accordance with sections 4503.101 and
4507.09 of the | 478 |
Revised Code, an officer or employee shall notify the registrar
of | 479 |
any change in the officer's or employee's residence within ten | 480 |
days after the change
occurs. | 481 |
(E) A certificate of registration issued to a peace officer, | 482 |
correctional employee, or youth services employee who
files a | 483 |
request under division (A)(1)(b) of this section shall
display the | 484 |
business address of the officer. Notwithstanding section
4507.13 | 485 |
of the Revised Code, a driver's license issued to a
peacean | 486 |
officer or employee who files a request under division (A)(1)(b) | 487 |
of this
section shall display the business address of the officer | 488 |
or employee. | 489 |
(F) The registrar may utilize the residence address of a | 490 |
peace
officer, correctional employee, or youth services employee | 491 |
who files a request under division (A)(1)(b) of this
section in | 492 |
carrying out the functions of the bureau of motor
vehicles, | 493 |
including determining
the district of registration for any | 494 |
applicable motor vehicle tax levied
under Chapter 4504. of the | 495 |
Revised Code, determining
whether tailpipe emissions inspections | 496 |
are required, and financial
responsibility verification. | 497 |
(G) The registrar shall adopt rules governing a request for | 498 |
confidentiality of a peace officer's, correctional employee's, or | 499 |
youth services employee's residence address or use of a business | 500 |
address, including the
documentary evidence required to verify the | 501 |
person's status as a
peace officer, correctional employee, or | 502 |
youth services employee, the length of time that the request will | 503 |
be valid,
procedures for ensuring that the bureau of motor | 504 |
vehicles receives
notice of any change in a person's status as a | 505 |
peace officer, correctional employee, or youth services employee, | 506 |
and
any other procedures the registrar considers necessary. The | 507 |
rules
of the registrar may require a peacean officer or employee | 508 |
to surrender any certificate of
registration and any driver's | 509 |
license bearing the business address of the
officer or employee | 510 |
and, upon payment of any applicable fees, to receive a
certificate | 511 |
of registration and license bearing the officer's or employee's | 512 |
residence address, whenever the officer or employee no longer is | 513 |
associated
with that business address. | 514 |
(2) "Peace officer" means those persons described in division | 518 |
(A)(1), (2), (4), (5), (6), (9), (10), (12), or (13) of section | 519 |
109.71 of the
Revised
Code, the house sergeant at arms appointed | 520 |
under division
(B)(1) of section 101.311 of the Revised Code, and | 521 |
any assistant sergeant at arms
appointed under division (C)(1) of | 522 |
section 101.311 of the Revised Code. "Peace
officer" includes | 523 |
state
highway patrol troopers but does not include the sheriff of | 524 |
a county or a
supervisory employee who, in the absence of the | 525 |
sheriff, is authorized to
stand
in for, exercise the authority of, | 526 |
and perform the duties of the
sheriff. | 527 |
Section 3. Section 149.43 of the Revised Code is presented | 532 |
in
this act as a composite of the section as amended by Am. Sub. | 533 |
H.B. 303, Am. Sub. H.B. 431, and Sub. S.B. 222, all of
the 125th | 534 |
General Assembly. The General Assembly, applying the
principle | 535 |
stated in division (B) of section 1.52 of the Revised
Code that | 536 |
amendments are to be harmonized if reasonably capable of | 537 |
simultaneous operation, finds that the composite is the resulting | 538 |
version of the section in effect prior to the effective date of | 539 |
the section as presented in this act. | 540 |