As Reported by the Senate Judiciary--Criminal Justice Committee

126th General Assembly
Regular Session
2005-2006
Sub. H. B. No. 141


Representatives Willamowski, Aslanides, Combs, McGregor, J., Seitz, Perry, Hartnett, Faber, Barrett, Taylor, Gilb, Hagan, Reidelbach, Schaffer, Bubp, Domenick, Evans, C., Flowers, Latta, Otterman, Schneider, Setzer, Smith, G. 

Senators Kearney, Zurz 

A BILL
To amend sections 149.43, 2921.24, 2921.25, and 1
4501.271 of the Revised Code to give parole 2
officers, prosecuting attorneys in most cases, 3
assistant prosecuting attorneys, and certain 4
correctional and youth services employees the same 5
options as peace officers with respect to 6
confidentiality of certain personal information; 7
to expand the materials excluded from the 8
definition of "public record" to also include a 9
photograph of a peace officer who holds a position 10
or has an assignment that may include undercover 11
or plain clothes positions or assignments as 12
determined by the peace officer's appointing 13
authority; and to eliminate the exclusion from the 14
definition of "public record" that currently 15
applies to a record that identifies a person's 16
occupation as a peace officer, firefighter, or EMT 17
and is not related to the Campaign Finance Law.18


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

       Section 1. That sections 149.43, 2921.24, 2921.25, and 19
4501.271 of the Revised Code be amended to read as follows:20

       Sec. 149.43.  (A) As used in this section:21

       (1) "Public record" means records kept by any public office, 22
including, but not limited to, state, county, city, village, 23
township, and school district units, and records pertaining to the 24
delivery of educational services by an alternative school in Ohio 25
kept by a nonprofit or for profit entity operating such26
alternative school pursuant to section 3313.533 of the Revised27
Code. "Public record" does not mean any of the following:28

       (a) Medical records;29

       (b) Records pertaining to probation and parole proceedings or 30
to proceedings related to the imposition of community control31
sanctions and post-release control sanctions;32

       (c) Records pertaining to actions under section 2151.85 and33
division (C) of section 2919.121 of the Revised Code and to34
appeals of actions arising under those sections;35

       (d) Records pertaining to adoption proceedings, including the36
contents of an adoption file maintained by the department of37
health under section 3705.12 of the Revised Code;38

       (e) Information in a record contained in the putative father39
registry established by section 3107.062 of the Revised Code,40
regardless of whether the information is held by the department of41
job and family services or, pursuant to section 3111.69 of the42
Revised Code, the office of child support in the department or a43
child support enforcement agency;44

       (f) Records listed in division (A) of section 3107.42 of the45
Revised Code or specified in division (A) of section 3107.52 of46
the Revised Code;47

       (g) Trial preparation records;48

       (h) Confidential law enforcement investigatory records;49

       (i) Records containing information that is confidential under50
section 2710.03 or 4112.05 of the Revised Code;51

       (j) DNA records stored in the DNA database pursuant to52
section 109.573 of the Revised Code;53

       (k) Inmate records released by the department of54
rehabilitation and correction to the department of youth services55
or a court of record pursuant to division (E) of section 5120.2156
of the Revised Code;57

       (l) Records maintained by the department of youth services58
pertaining to children in its custody released by the department59
of youth services to the department of rehabilitation and60
correction pursuant to section 5139.05 of the Revised Code;61

       (m) Intellectual property records;62

       (n) Donor profile records;63

       (o) Records maintained by the department of job and family64
services pursuant to section 3121.894 of the Revised Code;65

       (p) Peace officer, parole officer, prosecuting attorney, 66
assistant prosecuting attorney, correctional employee, youth 67
services employee, firefighter, or EMT residential and familial68
information;69

       (q) In the case of a county hospital operated pursuant to70
Chapter 339. of the Revised Code or a municipal hospital operated 71
pursuant to Chapter 749. of the Revised Code, information that 72
constitutes a trade secret, as defined in section 1333.61 of the 73
Revised Code;74

       (r) Information pertaining to the recreational activities of75
a person under the age of eighteen;76

       (s) Records provided to, statements made by review board77
members during meetings of, and all work products of a child78
fatality review board acting under sections 307.621 to 307.629 of79
the Revised Code, other than the report prepared pursuant to80
section 307.626 of the Revised Code;81

       (t) Records provided to and statements made by the executive82
director of a public children services agency or a prosecuting83
attorney acting pursuant to section 5153.171 of the Revised Code84
other than the information released under that section;85

       (u) Test materials, examinations, or evaluation tools used in 86
an examination for licensure as a nursing home administrator that 87
the board of examiners of nursing home administrators administers 88
under section 4751.04 of the Revised Code or contracts under that 89
section with a private or government entity to administer;90

       (v) Records the release of which is prohibited by state or91
federal law;92

       (w) Proprietary information of or relating to any person that 93
is submitted to or compiled by the Ohio venture capital authority 94
created under section 150.01 of the Revised Code;95

       (x) Information reported and evaluations conducted pursuant 96
to section 3701.072 of the Revised Code;97

       (y) Financial statements and data any person submits for any 98
purpose to the Ohio housing finance agency or the controlling 99
board in connection with applying for, receiving, or accounting 100
for financial assistance from the agency, and information that 101
identifies any individual who benefits directly or indirectly from 102
financial assistance from the agency.103

       (2) "Confidential law enforcement investigatory record" means 104
any record that pertains to a law enforcement matter of a105
criminal, quasi-criminal, civil, or administrative nature, but106
only to the extent that the release of the record would create a107
high probability of disclosure of any of the following:108

       (a) The identity of a suspect who has not been charged with109
the offense to which the record pertains, or of an information110
source or witness to whom confidentiality has been reasonably111
promised;112

       (b) Information provided by an information source or witness113
to whom confidentiality has been reasonably promised, which114
information would reasonably tend to disclose the source's or115
witness's identity;116

       (c) Specific confidential investigatory techniques or117
procedures or specific investigatory work product;118

       (d) Information that would endanger the life or physical119
safety of law enforcement personnel, a crime victim, a witness, or120
a confidential information source.121

       (3) "Medical record" means any document or combination of122
documents, except births, deaths, and the fact of admission to or123
discharge from a hospital, that pertains to the medical history,124
diagnosis, prognosis, or medical condition of a patient and that125
is generated and maintained in the process of medical treatment.126

       (4) "Trial preparation record" means any record that contains 127
information that is specifically compiled in reasonable128
anticipation of, or in defense of, a civil or criminal action or129
proceeding, including the independent thought processes and130
personal trial preparation of an attorney.131

       (5) "Intellectual property record" means a record, other than 132
a financial or administrative record, that is produced or133
collected by or for faculty or staff of a state institution of134
higher learning in the conduct of or as a result of study or135
research on an educational, commercial, scientific, artistic,136
technical, or scholarly issue, regardless of whether the study or137
research was sponsored by the institution alone or in conjunction138
with a governmental body or private concern, and that has not been139
publicly released, published, or patented.140

       (6) "Donor profile record" means all records about donors or141
potential donors to a public institution of higher education142
except the names and reported addresses of the actual donors and143
the date, amount, and conditions of the actual donation.144

       (7) "Peace officer, parole officer, prosecuting attorney, 145
assistant prosecuting attorney, correctional employee, youth 146
services employee, firefighter, or EMT residential and familial147
information" means either of the following:148

       (a) Anyany information maintained in a personnel record of149
that discloses any of the following about a peace officer, parole 150
officer, prosecuting attorney, assistant prosecuting attorney, 151
correctional employee, youth services employee, firefighter, or 152
EMT that discloses any of the following:153

       (i)(a) The address of the actual personal residence of a 154
peace officer, parole officer, assistant prosecuting attorney, 155
correctional employee, youth services employee, firefighter, or 156
EMT, except for the state or political subdivision in which the 157
peace officer, parole officer, assistant prosecuting attorney, 158
correctional employee, youth services employee, firefighter, or 159
EMT resides;160

       (ii)(b) Information compiled from referral to or 161
participation in an employee assistance program;162

       (iii)(c) The social security number, the residential 163
telephone number, any bank account, debit card, charge card, or 164
credit card number, or the emergency telephone number of, or any 165
medical information pertaining to, a peace officer, parole 166
officer, prosecuting attorney, assistant prosecuting attorney, 167
correctional employee, youth services employee, firefighter, or 168
EMT;169

       (iv)(d) The name of any beneficiary of employment benefits,170
including, but not limited to, life insurance benefits, provided171
to a peace officer, parole officer, prosecuting attorney, 172
assistant prosecuting attorney, correctional employee, youth 173
services employee, firefighter, or EMT by the peace officer's, 174
parole officer's, prosecuting attorney's, assistant prosecuting 175
attorney's, correctional employee's, youth services employee's,176
firefighter's, or EMT's employer;177

       (v)(e) The identity and amount of any charitable or 178
employment benefit deduction made by the peace officer's, parole 179
officer's, prosecuting attorney's, assistant prosecuting 180
attorney's, correctional employee's, youth services employee's,181
firefighter's, or EMT's employer from the peace officer's, parole 182
officer's, prosecuting attorney's, assistant prosecuting 183
attorney's, correctional employee's, youth services employee's,184
firefighter's, or EMT's compensation unless the amount of the 185
deduction is required by state or federal law;186

       (vi)(f) The name, the residential address, the name of the187
employer, the address of the employer, the social security number,188
the residential telephone number, any bank account, debit card,189
charge card, or credit card number, or the emergency telephone190
number of the spouse, a former spouse, or any child of a peace191
officer, parole officer, prosecuting attorney, assistant 192
prosecuting attorney, correctional employee, youth services 193
employee, firefighter, or EMT;194

       (g) A photograph of a peace officer who holds a position or 195
has an assignment that may include undercover or plain clothes 196
positions or assignments as determined by the peace officer's 197
appointing authority.198

       (b) Any record that identifies a person's occupation as a 199
peace officer, firefighter, or EMT other than statements required200
to include the disclosure of that fact under the campaign finance201
law.202

       As used in divisions (A)(7) and (B)(5) of this section,203
"peace officer" has the same meaning as in section 109.71 of the204
Revised Code and also includes the superintendent and troopers of205
the state highway patrol; it does not include the sheriff of a206
county or a supervisory employee who, in the absence of the207
sheriff, is authorized to stand in for, exercise the authority of,208
and perform the duties of the sheriff.209

       As used in divisions (A)(7) and (B)(5) of this section, 210
"correctional employee" means any employee of the department of 211
rehabilitation and correction who in the course of performing the 212
employee's job duties has or has had contact with inmates and 213
persons under supervision.214

        As used in divisions (A)(7) and (B)(5) of this section, 215
"youth services employee" means any employee of the department of 216
youth services who in the course of performing the employee's job 217
duties has or has had contact with children committed to the 218
custody of the department of youth services.219

       As used in divisions (A)(7) and (B)(5) of this section,220
"firefighter" means any regular, paid or volunteer, member of a221
lawfully constituted fire department of a municipal corporation,222
township, fire district, or village.223

       As used in divisions (A)(7) and (B)(5) of this section, "EMT"224
means EMTs-basic, EMTs-I, and paramedics that provide emergency225
medical services for a public emergency medical service226
organization. "Emergency medical service organization,"227
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in228
section 4765.01 of the Revised Code.229

       (8) "Information pertaining to the recreational activities of 230
a person under the age of eighteen" means information that is kept 231
in the ordinary course of business by a public office, that232
pertains to the recreational activities of a person under the age233
of eighteen years, and that discloses any of the following:234

       (a) The address or telephone number of a person under the age 235
of eighteen or the address or telephone number of that person's 236
parent, guardian, custodian, or emergency contact person;237

       (b) The social security number, birth date, or photographic238
image of a person under the age of eighteen;239

       (c) Any medical record, history, or information pertaining to 240
a person under the age of eighteen;241

       (d) Any additional information sought or required about a242
person under the age of eighteen for the purpose of allowing that243
person to participate in any recreational activity conducted or244
sponsored by a public office or to use or obtain admission245
privileges to any recreational facility owned or operated by a246
public office.247

       (9) "Community control sanction" has the same meaning as in248
section 2929.01 of the Revised Code.249

       (10) "Post-release control sanction" has the same meaning as250
in section 2967.01 of the Revised Code.251

       (B)(1) Subject to division (B)(4) of this section, all public 252
records shall be promptly prepared and made available for253
inspection to any person at all reasonable times during regular254
business hours. Subject to division (B)(4) of this section, upon255
request, a public office or person responsible for public records256
shall make copies available at cost, within a reasonable period of257
time. In order to facilitate broader access to public records,258
public offices shall maintain public records in a manner that they259
can be made available for inspection in accordance with this260
division.261

       (2) If any person chooses to obtain a copy of a public record 262
in accordance with division (B)(1) of this section, the public 263
office or person responsible for the public record shall permit264
that person to choose to have the public record duplicated upon 265
paper, upon the same medium upon which the public office or person 266
responsible for the public record keeps it, or upon any other 267
medium upon which the public office or person responsible for the268
public record determines that it reasonably can be duplicated as 269
an integral part of the normal operations of the public office or 270
person responsible for the public record. When the person seeking 271
the copy makes a choice under this division, the public office or272
person responsible for the public record shall provide a copy of 273
it in accordance with the choice made by the person seeking the 274
copy.275

       (3) Upon a request made in accordance with division (B)(1) of276
this section, a public office or person responsible for public277
records shall transmit a copy of a public record to any person by278
United States mail within a reasonable period of time after279
receiving the request for the copy. The public office or person280
responsible for the public record may require the person making281
the request to pay in advance the cost of postage and other282
supplies used in the mailing.283

       Any public office may adopt a policy and procedures that it284
will follow in transmitting, within a reasonable period of time285
after receiving a request, copies of public records by United286
States mail pursuant to this division. A public office that adopts 287
a policy and procedures under this division shall comply with them 288
in performing its duties under this division.289

       In any policy and procedures adopted under this division, a290
public office may limit the number of records requested by a291
person that the office will transmit by United States mail to ten292
per month, unless the person certifies to the office in writing293
that the person does not intend to use or forward the requested294
records, or the information contained in them, for commercial295
purposes. For purposes of this division, "commercial" shall be296
narrowly construed and does not include reporting or gathering297
news, reporting or gathering information to assist citizen298
oversight or understanding of the operation or activities of299
government, or nonprofit educational research.300

       (4) A public office or person responsible for public records301
is not required to permit a person who is incarcerated pursuant to302
a criminal conviction or a juvenile adjudication to inspect or to303
obtain a copy of any public record concerning a criminal304
investigation or prosecution or concerning what would be a305
criminal investigation or prosecution if the subject of the306
investigation or prosecution were an adult, unless the request to307
inspect or to obtain a copy of the record is for the purpose of308
acquiring information that is subject to release as a public309
record under this section and the judge who imposed the sentence310
or made the adjudication with respect to the person, or the311
judge's successor in office, finds that the information sought in312
the public record is necessary to support what appears to be a313
justiciable claim of the person.314

       (5) Upon written request made and signed by a journalist on315
or after December 16, 1999, a public office, or person responsible316
for public records, having custody of the records of the agency317
employing a specified peace officer, parole officer, prosecuting 318
attorney, assistant prosecuting attorney, correctional employee, 319
youth services employee, firefighter, or EMT shall disclose to the320
journalist the address of the actual personal residence of the321
peace officer, parole officer, prosecuting attorney, assistant 322
prosecuting attorney, correctional employee, youth services 323
employee, firefighter, or EMT and, if the peace officer's, parole 324
officer's, prosecuting attorney's, assistant prosecuting 325
attorney's, correctional employee's, youth services employee's,326
firefighter's, or EMT's spouse, former spouse, or child is 327
employed by a public office, the name and address of the employer 328
of the peace officer's, parole officer's, prosecuting attorney's, 329
assistant prosecuting attorney's, correctional employee's, youth 330
services employee's, firefighter's, or EMT's spouse, former 331
spouse, or child. The request shall include the journalist's name 332
and title and the name and address of the journalist's employer 333
and shall state that disclosure of the information sought would be 334
in the public interest.335

       As used in division (B)(5) of this section, "journalist"336
means a person engaged in, connected with, or employed by any news337
medium, including a newspaper, magazine, press association, news338
agency, or wire service, a radio or television station, or a339
similar medium, for the purpose of gathering, processing,340
transmitting, compiling, editing, or disseminating information for341
the general public.342

       (C) If a person allegedly is aggrieved by the failure of a343
public office to promptly prepare a public record and to make it344
available to the person for inspection in accordance with division345
(B) of this section, or if a person who has requested a copy of a346
public record allegedly is aggrieved by the failure of a public347
office or the person responsible for the public record to make a348
copy available to the person allegedly aggrieved in accordance349
with division (B) of this section, the person allegedly aggrieved350
may commence a mandamus action to obtain a judgment that orders351
the public office or the person responsible for the public record352
to comply with division (B) of this section and that awards353
reasonable attorney's fees to the person that instituted the354
mandamus action. The mandamus action may be commenced in the court 355
of common pleas of the county in which division (B) of this356
section allegedly was not complied with, in the supreme court357
pursuant to its original jurisdiction under Section 2 of Article358
IV, Ohio Constitution, or in the court of appeals for the359
appellate district in which division (B) of this section allegedly360
was not complied with pursuant to its original jurisdiction under361
Section 3 of Article IV, Ohio Constitution.362

       (D) Chapter 1347. of the Revised Code does not limit the363
provisions of this section.364

       (E)(1) The bureau of motor vehicles may adopt rules pursuant365
to Chapter 119. of the Revised Code to reasonably limit the number366
of bulk commercial special extraction requests made by a person367
for the same records or for updated records during a calendar368
year. The rules may include provisions for charges to be made for369
bulk commercial special extraction requests for the actual cost of370
the bureau, plus special extraction costs, plus ten per cent. The371
bureau may charge for expenses for redacting information, the372
release of which is prohibited by law.373

       (2) As used in divisions (B)(3) and (E)(1) of this section:374

       (a) "Actual cost" means the cost of depleted supplies,375
records storage media costs, actual mailing and alternative376
delivery costs, or other transmitting costs, and any direct377
equipment operating and maintenance costs, including actual costs378
paid to private contractors for copying services.379

       (b) "Bulk commercial special extraction request" means a380
request for copies of a record for information in a format other381
than the format already available, or information that cannot be382
extracted without examination of all items in a records series,383
class of records, or data base by a person who intends to use or384
forward the copies for surveys, marketing, solicitation, or resale385
for commercial purposes. "Bulk commercial special extraction386
request" does not include a request by a person who gives387
assurance to the bureau that the person making the request does388
not intend to use or forward the requested copies for surveys,389
marketing, solicitation, or resale for commercial purposes.390

       (c) "Commercial" means profit-seeking production, buying, or391
selling of any good, service, or other product.392

       (d) "Special extraction costs" means the cost of the time393
spent by the lowest paid employee competent to perform the task,394
the actual amount paid to outside private contractors employed by395
the bureau, or the actual cost incurred to create computer396
programs to make the special extraction. "Special extraction397
costs" include any charges paid to a public agency for computer or398
records services.399

       (3) For purposes of divisions (E)(1) and (2) of this section, 400
"commercial surveys, marketing, solicitation, or resale" shall be 401
narrowly construed and does not include reporting or gathering402
news, reporting or gathering information to assist citizen 403
oversight or understanding of the operation or activities of 404
government, or nonprofit educational research.405

       Sec. 2921.24.  (A) No officer or employee of a law406
enforcement agency or court, or of the office of the clerk of any407
court, shall disclose during the pendency of any criminal case the 408
home address of any peace officer, as defined in section 2935.01 409
of the Revised Code, parole officer, prosecuting attorney, 410
assistant prosecuting attorney, correctional employee, or youth 411
services employee who is a witness or arresting officer in the 412
case.413

       (B) Division (A) of this section does not prohibit a peace414
officer, parole officer, prosecuting attorney, assistant 415
prosecuting attorney, correctional employee, or youth services 416
employee from disclosing histhe peace officer's, parole 417
officer's, prosecuting attorney's, assistant prosecuting 418
attorney's, correctional employee's, or youth services employee's419
own home address, and does not apply to any person who discloses 420
the home address of a peace officer, parole officer, prosecuting 421
attorney, assistant prosecuting attorney, correctional employee, 422
or youth services employee pursuant to a court-ordered disclosure 423
under division (C) of this section.424

       (C) The court in which any criminal case is pending may order 425
the disclosure of the home address of any peace officer, parole 426
officer, prosecuting attorney, assistant prosecuting attorney, 427
correctional employee, or youth services employee who is a witness 428
or arresting officer in the case, if the court determines after a 429
written request for the disclosure that good cause exists for 430
disclosing the home address of the peace officer, parole officer, 431
prosecuting attorney, assistant prosecuting attorney, correctional 432
employee, or youth services employee.433

       (D) Whoever violates division (A) of this section is guilty 434
of disclosure of confidential information, a misdemeanor of the 435
fourth degree.436

       (E) As used in this section:437

       (1) "Peace officer" has the same meaning as in section 438
2935.01 of the Revised Code.439

       (2) "Correctional employee" and "youth services employee" 440
have the same meanings as in section 149.43 of the Revised Code.441

       Sec. 2921.25. (A) No judge of a court of record, or mayor 442
presiding over a mayor's court, shall order a peace officer, as 443
defined in section 2935.01 of the Revised Code, parole officer, 444
prosecuting attorney, assistant prosecuting attorney, correctional 445
employee, or youth services employee who is a witness in a 446
criminal case, to disclose histhe peace officer's, parole 447
officer's, prosecuting attorney's, assistant prosecuting 448
attorney's, correctional employee's, or youth services employee's449
home address during histhe peace officer's, parole officer's, 450
prosecuting attorney's, assistant prosecuting attorney's, 451
correctional employee's, or youth services employee's examination 452
in the case, unless the judge or mayor determines that the 453
defendant has a right to the disclosure.454

       (B) As used in this section:455

       (1) "Peace officer" has the same meaning as in section 456
2935.01 of the Revised Code.457

       (2) "Correctional employee" and "youth services employee" 458
have the same meanings as in section 149.43 of the Revised Code.459

       Sec. 4501.271.  (A)(1) A peace officer, correctional 460
employee, or youth services employee may file a written request461
with the bureau of motor vehicles to do either or both of the462
following:463

       (a) Prohibit disclosure of the peace officer's or employee's464
residence address as contained in motor vehicle records of the 465
bureau;466

       (b) Provide a business address to be displayed on the peace467
officer's or employee's driver's license or certificate of 468
registration, or both.469

       (2) The peace officer or employee shall file the request 470
described in division (A)(1) of this section on a form provided by 471
the registrar of motor vehicles and shall provide any documentary 472
evidence verifying the person's status as a peace officer, 473
correctional employee, or youth services employee and the 474
officer's or employee's business address that the registrar 475
requires pursuant to division (G) of this section.476

       (B)(1) Except as provided in division (C) of this section, if 477
a peace officer, correctional employee, or youth services employee478
has filed a request under division (A) of this section, neither 479
the registrar nor an employee or contractor of the bureau of motor 480
vehicles shall knowingly disclose the residence address of the 481
peace officer or employee that the bureau obtained in connection 482
with a motor vehicle record.483

       (2) In accordance with section 149.43 of the Revised Code, 484
the registrar or an employee or contractor of the bureau shall 485
make available for inspection or copying a motor vehicle record of 486
a peace officer, correctional employee, or youth services employee487
who has filed a request under division (A) of this section if the 488
record is a public record under that section, but shall obliterate 489
the residence address of the peace officer or employee from the 490
record before making the record available for inspection or 491
copying. The business address of the peace officer or employee492
may be made available in response to a valid request under section 493
149.43 of the Revised Code.494

       (C) Notwithstanding division (B)(2) of section 4501.27 of the495
Revised Code, the registrar or an employee or contractor of the 496
bureau may disclose the residence address of a peace officer, 497
correctional employee, or youth services employee who files a 498
request under division (A) of this section only in accordance with 499
division (B)(1) of section 4501.27 of the Revised Code or pursuant 500
to a court order.501

       (D) If a peace officer, correctional employee, or youth 502
services employee files a request under division (A)(1)(b) of this 503
section, the officer shall still provide a residence address in 504
any application for a driver's license or license renewal and in 505
any application for a motor vehicle registration or registration 506
renewal. In accordance with sections 4503.101 and 4507.09 of the 507
Revised Code, an officer or employee shall notify the registrar of 508
any change in the officer's or employee's residence within ten 509
days after the change occurs.510

       (E) A certificate of registration issued to a peace officer, 511
correctional employee, or youth services employee who files a 512
request under division (A)(1)(b) of this section shall display the 513
business address of the officer. Notwithstanding section 4507.13 514
of the Revised Code, a driver's license issued to a peacean515
officer or employee who files a request under division (A)(1)(b) 516
of this section shall display the business address of the officer 517
or employee.518

       (F) The registrar may utilize the residence address of a 519
peace officer, correctional employee, or youth services employee520
who files a request under division (A)(1)(b) of this section in 521
carrying out the functions of the bureau of motor vehicles, 522
including determining the district of registration for any 523
applicable motor vehicle tax levied under Chapter 4504. of the 524
Revised Code, determining whether tailpipe emissions inspections 525
are required, and financial responsibility verification.526

       (G) The registrar shall adopt rules governing a request for527
confidentiality of a peace officer's, correctional employee's, or 528
youth services employee's residence address or use of a business529
address, including the documentary evidence required to verify the 530
person's status as a peace officer, correctional employee, or 531
youth services employee, the length of time that the request will 532
be valid, procedures for ensuring that the bureau of motor 533
vehicles receives notice of any change in a person's status as a 534
peace officer, correctional employee, or youth services employee, 535
and any other procedures the registrar considers necessary. The 536
rules of the registrar may require a peacean officer or employee537
to surrender any certificate of registration and any driver's 538
license bearing the business address of the officer or employee539
and, upon payment of any applicable fees, to receive a certificate 540
of registration and license bearing the officer's or employee's541
residence address, whenever the officer or employee no longer is 542
associated with that business address.543

       (H) As used in this section:544

       (1) "Motor vehicle record" has the same meaning as in section545
4501.27 of the Revised Code.546

       (2) "Peace officer" means those persons described in division547
(A)(1), (2), (4), (5), (6), (9), (10), (12), or (13) of section548
109.71 of the Revised Code, the house sergeant at arms appointed 549
under division (B)(1) of section 101.311 of the Revised Code, and 550
any assistant sergeant at arms appointed under division (C)(1) of 551
section 101.311 of the Revised Code. "Peace officer" includes 552
state highway patrol troopers but does not include the sheriff of 553
a county or a supervisory employee who, in the absence of the 554
sheriff, is authorized to stand in for, exercise the authority of, 555
and perform the duties of the sheriff.556

       (3) "Correctional employee" and "youth services employee" 557
have the same meanings as in section 149.43 of the Revised Code.558

       Section 2. That existing sections 149.43, 2921.24, 2921.25, 559
and 4501.271 of the Revised Code are hereby repealed.560

       Section 3.  Section 149.43 of the Revised Code is presented 561
in this act as a composite of the section as amended by Am. Sub. 562
H.B. 303, Am. Sub. H.B. 431, and Sub. S.B. 222, all of the 125th 563
General Assembly. The General Assembly, applying the principle 564
stated in division (B) of section 1.52 of the Revised Code that 565
amendments are to be harmonized if reasonably capable of566
simultaneous operation, finds that the composite is the resulting567
version of the section in effect prior to the effective date of568
the section as presented in this act.569