As Introduced

126th General Assembly Regular Session 2005-2006

H. B. No. 9

Representatives Oelslager, Flowers, Buehrer, White, Trakas 

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A BILL

To amend sections 149.011 and 149.43 and to enact

1

section 109.43 of the Revised Code to revise the

2

Public Records Law.

3

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

Section 1. That sections 149.011 and 149.43 be amended and	4
section 109.43 of the Revised Code be enacted to read as follows:	5

Sec. 109.43. (A) The attorney general shall develop, provide,	6
and certify training programs and seminars for all officials	7
elected to a local or statewide office in order to enhance the	8
officials' knowledge of the duty to provide access to public	9
records as required by section 149.43 of the Revised Code. The	10
training shall provide elected officials with guidance in	11
developing and updating their offices' policies as required under	12
section 149.43 of the Revised Code. An elected official's	13
successful completion every two years of the training requirements	14
established by the attorney general under this section shall	15
satisfy the biennial education requirements imposed on elected	16
officials under division (F) of section 149.43 of the Revised	17
Code.	18

(B) The attorney general may charge a reasonable fee for the	19
actual and necessary expenses associated with the training	20
programs and seminars. The attorney general may allow the	21
attendance of any other interested persons to any of the training	22
programs or seminars that the attorney general conducts under this	23
section, provided that the persons pay a registration fee to the	24
attorney general before attending the training program or seminar.	25

(C) The attorney general may provide any other appropriate	26
training or educational programs about Ohio's "Sunshine Laws,"	27
sections 121.22 and 149.43 of the Revised Code, as may be	28
developed and offered by the attorney general or by the attorney	29
general in collaboration with one or more other state agencies,	30
political subdivisions, or other public or private entities.	31

(D) The auditor of state, in the course of an annual or	32
biennial audit of a public office pursuant to Chapter 117. of the	33
Revised Code, shall audit the public office for compliance with	34
this section and division (F) of section 149.43 of the Revised	35
Code.	36

Sec. 149.011.  As used in this chapter:

37

(A) "Public office" includes any state agency, public	38
institution, political subdivision, or other organized body,	39
office, agency, institution, or entity established by the laws of	40
this state for the exercise of any function of government.	41

(B) "State agency" includes every department, bureau, board,	42
commission, office, or other organized body established by the	43
constitution and laws of this state for the exercise of any	44
function of state government, including any state-supported	45
institution of higher education, the general assembly, any	46
legislative agency, any court or judicial agency, or any political	47
subdivision or agency of a political subdivision.	48

(C) "Public money" includes all money received or collected	49
by or due a public official, whether in accordance with or under	50
authority of any law, ordinance, resolution, or order, under color	51
of office, or otherwise. It also includes any money collected by	52
any individual on behalf of a public office or as a purported	53
representative or agent of the public office.	54

(D) "Public official" includes all officers, employees, or	55
duly authorized representatives or agents of a public office.	56

(E) "Color of office" includes any act purported or alleged	57
to be done under any law, ordinance, resolution, order, or other	58
pretension to official right, power, or authority.	59

(F) "Archive" includes any public record that is transferred	60
to the state archives or other designated archival institutions	61
because of the historical information contained on it.	62

(G) "Records" includes any document, device, or item,	63
regardless of physical form or characteristic, including an	64
electronic record as defined in section 1306.01 of the Revised	65
Code, created or received by or coming under the jurisdiction of	66
any public office of the state or its political subdivisions,	67
which serves to document the organization, functions, policies,	68
decisions, procedures, operations, or other activities of the	69
office. "Records" also includes any document, device, or item,	70
regardless of physical form or characteristic, created or received	71
by or coming under the jurisdiction of any public office of the	72
state or its political subdivisions which documents the depletion,	73
expenditure, or depreciation of the resources of a public office	74
even if unauthorized by that office.	75

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

76

(1) "Public record" means records kept by any public office,	77
including, but not limited to, state, county, city, village,	78
township, and school district units, and records pertaining to the	79
delivery of educational services by an alternative school in Ohio	80
this state kept by athe nonprofit or for profit entity operating	81
suchthe alternative school pursuant to section 3313.533 of the	82
Revised Code. "Public record" does not mean any of the following:	83

(a) Medical records;

84

(b) Records pertaining to probation and parole proceedings or	85
to proceedings related to the imposition of community control	86
sanctions and post-release control sanctions;	87

(c) Records pertaining to actions under section 2151.85 and	88
division (C) of section 2919.121 of the Revised Code and to	89
appeals of actions arising under those sections;	90

(d) Records pertaining to adoption proceedings, including the	91
contents of an adoption file maintained by the department of	92
health under section 3705.12 of the Revised Code;	93

(e) Information in a record contained in the putative father	94
registry established by section 3107.062 of the Revised Code,	95
regardless of whether the information is held by the department of	96
job and family services or, pursuant to section 3111.69 of the	97
Revised Code, the office of child support in the department or a	98
child support enforcement agency;	99

(f) Records listed in division (A) of section 3107.42 of the	100
Revised Code or specified in division (A) of section 3107.52 of	101
the Revised Code;	102

(g) Trial preparation records;

103

(h) Confidential law enforcement investigatory records;

104

(i) Records containing information that is confidential under	105
section 2317.023 or 4112.05 of the Revised Code;	106

(j) DNA records stored in the DNA database pursuant to	107
section 109.573 of the Revised Code;	108

(k) Inmate records released by the department of	109
rehabilitation and correction to the department of youth services	110
or a court of record pursuant to division (E) of section 5120.21	111
of the Revised Code;	112

(l) Records maintained by the department of youth services	113
pertaining to children in its custody released by the department	114
of youth services to the department of rehabilitation and	115
correction pursuant to section 5139.05 of the Revised Code;	116

(m) Intellectual property records;

117

(n) Donor profile records;

118

(o) Records maintained by the department of job and family	119
services pursuant to section 3121.894 of the Revised Code;	120

(p) Peace officer, firefighter, or EMT residential and	121
familial information;	122

(q) In the case of a county hospital operated pursuant to	123
Chapter 339. of the Revised Code, information that constitutes a	124
trade secret, as defined in section 1333.61 of the Revised Code;	125

(r) Information pertaining to the recreational activities of	126
a person under the age of eighteen;	127

(s) Records provided to, statements made by review board	128
members during meetings of, and all work products of a child	129
fatality review board acting under sections 307.621 to 307.629 of	130
the Revised Code, other than the report prepared pursuant to	131
section 307.626 of the Revised Code;	132

(t) Records provided to and statements made by the executive	133
director of a public children services agency or a prosecuting	134
attorney acting pursuant to section 5153.171 of the Revised Code	135
other than the information released under that section;	136

(u) Test materials, examinations, or evaluation tools used in	137
an examination for licensure as a nursing home administrator that	138
the board of examiners of nursing home administrators administers	139
under section 4751.04 of the Revised Code or contracts under that	140
section with a private or government entity to administer;	141

(v) Records the release of which is prohibited by state or	142
federal law;	143

(w) Proprietary information of or relating to any person that	144
is submitted to or compiled by the Ohio venture capital authority	145
created under section 150.01 of the Revised Code;	146

(x) Information reported and evaluations conducted pursuant	147
to section 3701.072 of the Revised Code.	148

(2) "Confidential law enforcement investigatory record" means	149
any record that pertains to a law enforcement matter of a	150
criminal, quasi-criminal, civil, or administrative nature, but	151
only to the extent that the release of the record would create a	152
high probability of disclosure of any of the following:	153

(a) The identity of a suspect who has not been charged with	154
the offense to which the record pertains, or of an information	155
source or witness to whom confidentiality has been reasonably	156
promised;	157

(b) Information provided by an information source or witness	158
to whom confidentiality has been reasonably promised, which	159
information would reasonably tend to disclose the source's or	160
witness's identity;	161

(c) Specific confidential investigatory techniques or	162
procedures or specific investigatory work product;	163

(d) Information that would endanger the life or physical	164
safety of law enforcement personnel, a crime victim, a witness, or	165
a confidential information source.	166

(3) "Medical record" means any document or combination of	167
documents, except births, deaths, and the fact of admission to or	168
discharge from a hospital, that pertains to the medical history,	169
diagnosis, prognosis, or medical condition of a patient and that	170
is generated and maintained in the process of medical treatment.	171

(4) "Trial preparation record" means any record that contains	172
information that is specifically compiled in reasonable	173
anticipation of, or in defense of, a civil or criminal action or	174
proceeding, including the independent thought processes and	175
personal trial preparation of an attorney.	176

(5) "Intellectual property record" means a record, other than	177
a financial or administrative record, that is produced or	178
collected by or for faculty or staff of a state institution of	179
higher learning in the conduct of or as a result of study or	180
research on an educational, commercial, scientific, artistic,	181
technical, or scholarly issue, regardless of whether the study or	182
research was sponsored by the institution alone or in conjunction	183
with a governmental body or private concern, and that has not been	184
publicly released, published, or patented.	185

(6) "Donor profile record" means all records about donors or	186
potential donors to a public institution of higher education	187
except the names and reported addresses of the actual donors and	188
the date, amount, and conditions of the actual donation.	189

(7) "Peace officer, firefighter, or EMT residential and	190
familial information" means either of the following:	191

(a) Any information maintained in a personnel record of a	192
peace officer, firefighter, or EMT that discloses any of the	193
following:	194

(i) The address of the actual personal residence of a peace	195
officer, firefighter, or EMT, except for the state or political	196
subdivision in which the peace officer, firefighter, or EMT	197
resides;	198

(ii) Information compiled from referral to or participation	199
in an employee assistance program;	200

(iii) The social security number, the residential telephone	201
number, any bank account, debit card, charge card, or credit card	202
number, or the emergency telephone number of, or any medical	203
information pertaining to, a peace officer, firefighter, or EMT;	204

(iv) The name of any beneficiary of employment benefits,	205
including, but not limited to, life insurance benefits, provided	206
to a peace officer, firefighter, or EMT by the peace officer's,	207
firefighter's, or EMT's employer;	208

(v) The identity and amount of any charitable or employment	209
benefit deduction made by the peace officer's, firefighter's, or	210
EMT's employer from the peace officer's, firefighter's, or EMT's	211
compensation unless the amount of the deduction is required by	212
state or federal law;	213

(vi) The name, the residential address, the name of the	214
employer, the address of the employer, the social security number,	215
the residential telephone number, any bank account, debit card,	216
charge card, or credit card number, or the emergency telephone	217
number of the spouse, a former spouse, or any child of a peace	218
officer, firefighter, or EMT.	219

(b) Any record that identifies a person's occupation as a	220
peace officer, firefighter, or EMT other than statements required	221
to include the disclosure of that fact under the campaign finance	222
law.	223

As used in divisions (A)(7) and (B)(5)(9) of this section,	224
"peace officer" has the same meaning as in section 109.71 of the	225
Revised Code and also includes the superintendent and troopers of	226
the state highway patrol; it does not include the sheriff of a	227
county or a supervisory employee who, in the absence of the	228
sheriff, is authorized to stand in for, exercise the authority of,	229
and perform the duties of the sheriff.	230

As used in divisions (A)(7) and (B)(5)(9) of this section,	231
"firefighter" means any regular, paid or volunteer, member of a	232
lawfully constituted fire department of a municipal corporation,	233
township, fire district, or village.	234

As used in divisions (A)(7) and (B)(5)(9) of this section,	235
"EMT" means EMTs-basic, EMTs-I, and paramedics that provide	236
emergency medical services for a public emergency medical service	237
organization. "Emergency medical service organization,"	238
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in	239
section 4765.01 of the Revised Code.	240

(8) "Information pertaining to the recreational activities of	241
a person under the age of eighteen" means information that is kept	242
in the ordinary course of business by a public office, that	243
pertains to the recreational activities of a person under the age	244
of eighteen years, and that discloses any of the following:	245

(a) The address or telephone number of a person under the age	246
of eighteen or the address or telephone number of that person's	247
parent, guardian, custodian, or emergency contact person;	248

(b) The social security number, birth date, or photographic	249
image of a person under the age of eighteen;	250

(c) Any medical record, history, or information pertaining to	251
a person under the age of eighteen;	252

(d) Any additional information sought or required about a	253
person under the age of eighteen for the purpose of allowing that	254
person to participate in any recreational activity conducted or	255
sponsored by a public office or to use or obtain admission	256
privileges to any recreational facility owned or operated by a	257
public office.	258

(9) "Community control sanction" has the same meaning as in	259
section 2929.01 of the Revised Code.	260

(10) "Post-release control sanction" has the same meaning as	261
in section 2967.01 of the Revised Code.	262

(11) "Judicial records or other constitutionally protected	263
records" include all records presumed to be open for public	264
inspection or copying under the common law, the First Amendment to	265
the United States Constitution, or Sections 11 and 16 of Article	266
I, Ohio Constitution, including all records kept by or on behalf	267
of a court acting in its adjudicative capacity or otherwise	268
exercising judicial power as conferred by or derived from Article	269
IV of the Ohio Constitution.	270

(12) "Redaction" means obscuring or deleting any information	271
that is exempt from the duty to permit public inspection or	272
copying from an item that otherwise meets the definition of a	273
"record" in section 149.011 of the Revised Code.	274

(B)(1) SubjectUpon request and subject to division (B)(4)(8)	275
of this section, all public records responsive to the request	276
shall be promptly prepared and made available for inspection to	277
any person at all reasonable times during regular business hours.	278
Subject to division (B)(4)(8) of this section, upon request, a	279
public office or person responsible for public records shall make	280
copies available at cost, within a reasonable period of time. In	281
order to facilitate broader access to public records, public	282
offices shall maintain public records in a manner that they can be	283
made available for inspection in accordance with this division.If	284
a public record contains information that is exempt from the duty	285
to permit public inspection or copying, the public office shall	286
make available all of the information within the public record	287
that is not exempt. When making that information available for	288
public inspection or copying, the public office shall notify the	289
requester of any redaction or make the redaction plainly visible.	290
A redaction shall be deemed a denial of a request to inspect or	291
copy the redacted information.	292

(2) To facilitate broader access to public records, a public	293
office shall organize and maintain public records in a manner that	294
they can be made available for inspection or copying in accordance	295
with division (B) of this section. A public office also shall have	296
available a copy of its current records retention schedule at a	297
location readily available to the public. If a requester makes an	298
ambiguous request or has difficulty in making a request for copies	299
or inspection of public records under this section such that the	300
public office cannot reasonably identify what public records are	301
being requested, the public office may deny the request, but shall	302
provide the requester with an opportunity to revise the request by	303
informing the requester of the manner in which records are	304
maintained by the public office and accessed in the ordinary	305
course of the public office's duties.	306

(3) If a request is ultimately denied, in part or in whole,	307
the public office shall provide the requester with an explanation,	308
including legal authority, setting forth why the request was	309
denied. If the initial request was provided in writing, the	310
explanation also shall be provided to the requester in writing.	311
The explanation shall not preclude the public office from relying	312
upon additional reasons or legal authority in defending an action	313
commenced under division (C) of this section.	314

(4) Unless specifically required by state or federal law or	315
in accordance with division (B) of this section, no public office	316
may limit or condition the availability of public records by	317
requiring disclosure of the requester's identity or the intended	318
use of the requested public record. Any such requirement	319
constitutes a denial of the request.	320

(5) A public office or person responsible for public records	321
may ask a requester to make the request in writing, may ask for	322
the requester's identity, and may inquire about the intended use	323
of the information requested, but only after disclosing to the	324
requester that a written request is not mandatory and that the	325
requester may decline to reveal the requester's identity or the	326
intended use, and only when a written request or disclosure of the	327
identity or intended use would benefit the requester by enhancing	328
the ability of the public office or person responsible for public	329
records to identify, locate, or deliver the public records sought	330
by the requester.	331

(2)(6) If any person chooses to obtain a copy of a public	332
record in accordance with division (B)(1) of this section, the	333
public office or person responsible for the public record shall	334
permit that person to choose to have the public record duplicated	335
upon paper, upon the same medium upon which the public office or	336
person responsible for the public record keeps it, or upon any	337
other medium upon which the public office or person responsible	338
for the public record determines that it reasonably can be	339
duplicated as an integral part of the normal operations of the	340
public office or person responsible for the public record. When	341
the person seeking the copy makes a choice under this division,	342
the public office or person responsible for the public record	343
shall provide a copy of it in accordance with the choice made by	344
the person seeking the copy.	345

(3)(7) Upon a request made in accordance with division (B)(1)	346
of this section, a public office or person responsible for public	347
records shall transmit a copy of a public record to any person by	348
United States mail within a reasonable period of time after	349
receiving the request for the copy. The public office or person	350
responsible for the public record may require the person making	351
the request to pay in advance the cost of postage and other	352
supplies used in the mailing.	353

Any public office may adopt a policy and procedures that it	354
will follow in transmitting, within a reasonable period of time	355
after receiving a request, copies of public records by United	356
States mail pursuant to this division. A public office that adopts	357
a policy and procedures under this division shall comply with them	358
in performing its duties under this division.	359

In any policy and procedures adopted under this division, a	360
public office may limit the number of records requested by a	361
person that the office will transmit by United States mail to ten	362
per month, unless the person certifies to the office in writing	363
that the person does not intend to use or forward the requested	364
records, or the information contained in them, for commercial	365
purposes. For purposes of this division, "commercial" shall be	366
narrowly construed and does not include reporting or gathering	367
news, reporting or gathering information to assist citizen	368
oversight or understanding of the operation or activities of	369
government, or nonprofit educational research.	370

(4)(8) A public office or person responsible for public	371
records is not required to permit a person who is incarcerated	372
pursuant to a criminal conviction or a juvenile adjudication to	373
inspect or to obtain a copy of any public record concerning a	374
criminal investigation or prosecution or concerning what would be	375
a criminal investigation or prosecution if the subject of the	376
investigation or prosecution were an adult, unless the request to	377
inspect or to obtain a copy of the record is for the purpose of	378
acquiring information that is subject to release as a public	379
record under this section and the judge who imposed the sentence	380
or made the adjudication with respect to the person, or the	381
judge's successor in office, finds that the information sought in	382
the public record is necessary to support what appears to be a	383
justiciable claim of the person.	384

(5)(9) Upon written request made and signed by a journalist	385
on or after December 16, 1999, a public office, or person	386
responsible for public records, having custody of the records of	387
the agency employing a specified peace officer, firefighter, or	388
EMT shall disclose to the journalist the address of the actual	389
personal residence of the peace officer, firefighter, or EMT and,	390
if the peace officer's, firefighter's, or EMT's spouse, former	391
spouse, or child is employed by a public office, the name and	392
address of the employer of the peace officer's, firefighter's, or	393
EMT's spouse, former spouse, or child. The request shall include	394
the journalist's name and title and the name and address of the	395
journalist's employer and shall state that disclosure of the	396
information sought would be in the public interest.	397

As used in this division (B)(5) of this section, "journalist"	398
means a person engaged in, connected with, or employed by any news	399
medium, including a newspaper, magazine, press association, news	400
agency, or wire service, a radio or television station, or a	401
similar medium, for the purpose of gathering, processing,	402
transmitting, compiling, editing, or disseminating information for	403
the general public.	404

(C)(1) If a person allegedly is aggrieved by the failure of a	405
public office to promptly prepare a public record and to make it	406
available to the person for inspection in accordance with division	407
(B) of this section, or if a person who has requested a copy of a	408
public record allegedly is aggrieved by theany other failure of a	409
public office or the person responsible for the public record to	410
make a copy available to the person allegedly aggrievedto comply	411
with an obligation in accordance with division (B) of this	412
section, the person allegedly aggrieved may commence a mandamus	413
action to obtain a judgment that orders the public office or the	414
person responsible for the public record to comply with division	415
(B) of this section and, that awards court costs and reasonable	416
attorney's fees to the person that instituted the mandamus action,	417
and, if applicable, that includes an order fixing statutory	418
damages under division (C)(2) of this section, an order awarding a	419
punitive civil forfeiture under division (C)(3) of this section,	420
or both of those orders. The mandamus action may be commenced in	421
the court of common pleas of the county in which division (B) of	422
this section allegedly was not complied with, in the supreme court	423
pursuant to its original jurisdiction under Section 2 of Article	424
IV, Ohio Constitution, or in the court of appeals for the	425
appellate district in which division (B) of this section allegedly	426
was not complied with pursuant to its original jurisdiction under	427
Section 3 of Article IV, Ohio Constitution.	428

(2) If a person makes a written request to inspect or copy	429
any public record in a manner that fairly describes the public	430
record or class of public records requested, and the person does	431
not request receipt of copies by mail, the person shall be	432
entitled to recover the amount of statutory damages set forth in	433
this division if a court determines all of the following:	434

(a) The person filed a mandamus action authorized by this	435
section to compel compliance more than ten business days after	436
transmitting the request by hand delivery or certified mail to the	437
public office or person responsible for the requested public	438
records, or the person filed the mandamus action after the	439
expiration of any additional period of time for compliance	440
consented to by that person.	441

(b) The request was not fulfilled before the date on which	442
the mandamus action was filed.	443

(c) The public office or person responsible for the requested	444
public records was reasonably capable of fulfilling the request	445
before the person filed the mandamus action.	446

The amount of statutory damages shall be fixed at two hundred	447
fifty dollars for each business day during which the public office	448
or person responsible for the requested public records failed to	449
make one or more requested public records available, beginning	450
with the first day on which this division authorizes the requester	451
to file a mandamus action to recover statutory damages, up to a	452
maximum of five thousand dollars. The statutory damages shall not	453
be construed as penalties, but as compensation for injury arising	454
from lost use of the requested information; the existence of this	455
injury shall be conclusively presumed. The award of statutory	456
damages shall be in addition to all other remedies authorized by	457
this section.	458

(3) The court shall determine whether an egregious violation	459
of this section has occurred. If the court finds an egregious	460
violation, the court, in its discretion, may award a punitive	461
civil forfeiture of up to one thousand dollars per day for any	462
delay in providing access to the requested public records. An	463
egregious violation shall be found to have occurred upon a showing	464
by the relator that the public office acted in bad faith, with	465
malicious purpose, or in a wanton manner to cause a delay or	466
denial of a public records request.	467

(4) The court shall determine and award to the relator all	468
court costs and, subject to reduction as described in this	469
division, reasonable attorney's fees. Court costs and reasonable	470
attorney's fees awarded under this section shall be construed as	471
remedial and not punitive. Reasonable attorney's fees shall	472
include reasonable fees incurred to produce proof of the	473
reasonableness and amount of the fees and to otherwise litigate	474
entitlement to the fees. The court may reduce or deny an award of	475
attorney's fees to the relator only if the court determines that,	476
based on the ordinary application of statutory and case law as it	477
existed when the public office or person responsible for public	478
records denied the relator's request to inspect or obtain a copy	479
of the contested public record or otherwise comply with a duty	480
imposed by this section, the public office or person responsible	481
for public records had substantial likelihood of prevailing on the	482
merits of its denial.	483

(D) Chapter 1347. of the Revised Code does not limit the	484
provisions of this section.	485

(E) No provision of this section or any provision of law	486
creating an exception to this section shall be construed to limit	487
or abrogate the public's qualified right under the common law, the	488
Constitution of Ohio, and the Constitution of the United States to	489
inspect or copy judicial records or other constitutionally	490
protected records, or to limit or abrogate the availability of	491
extraordinary relief, including a writ of mandamus issued pursuant	492
to division (C) of this section to compel a court or other public	493
office to permit public inspection and copying of a judicial	494
record or other constitutionally protected record.	495

(F) To ensure that all employees of public offices are	496
appropriately educated about a public office's obligations under	497
division (B) of this section, all state and local elected public	498
officials shall attend training approved by the attorney general	499
as provided in section 109.43 of the Revised Code at least once	500
every two years. In addition, all public offices shall adopt a	501
public records policy in compliance with this section for	502
responding to public records requests. The public records policy	503
shall be distributed to all employees of the public office. The	504
public office shall require all employees to acknowledge receipt	505
of the copy of the public records policy. Except as otherwise	506
provided in this section, the policy may not limit the number of	507
public records that the public office will make available to a	508
single person, may not limit the number of public records that it	509
will make available during a fixed period of time, and may not	510
establish a fixed period of time before it will respond to a	511
request for inspection or copying of public records, unless that	512
period is less than eight hours.	513

(E)(G)(1) The bureau of motor vehicles may adopt rules	514
pursuant to Chapter 119. of the Revised Code to reasonably limit	515
the number of bulk commercial special extraction requests made by	516
a person for the same records or for updated records during a	517
calendar year. The rules may include provisions for charges to be	518
made for bulk commercial special extraction requests for the	519
actual cost of the bureau, plus special extraction costs, plus ten	520
per cent. The bureau may charge for expenses for redacting	521
information, the release of which is prohibited by law.	522

(2) As used in divisions (B)(3) and (E)(G)(1) of this	523
section:	524

(a) "Actual cost" means the cost of depleted supplies,	525
records storage media costs, actual mailing and alternative	526
delivery costs, or other transmitting costs, and any direct	527
equipment operating and maintenance costs, including actual costs	528
paid to private contractors for copying services.	529

(b) "Bulk commercial special extraction request" means a	530
request for copies of a record for information in a format other	531
than the format already available, or information that cannot be	532
extracted without examination of all items in a records series,	533
class of records, or data base by a person who intends to use or	534
forward the copies for surveys, marketing, solicitation, or resale	535
for commercial purposes. "Bulk commercial special extraction	536
request" does not include a request by a person who gives	537
assurance to the bureau that the person making the request does	538
not intend to use or forward the requested copies for surveys,	539
marketing, solicitation, or resale for commercial purposes.	540

(c) "Commercial" means profit-seeking production, buying, or	541
selling of any good, service, or other product.	542

(d) "Special extraction costs" means the cost of the time	543
spent by the lowest paid employee competent to perform the task,	544
the actual amount paid to outside private contractors employed by	545
the bureau, or the actual cost incurred to create computer	546
programs to make the special extraction. "Special extraction	547
costs" include any charges paid to a public agency for computer or	548
records services.	549

(3) For purposes of divisions (E)(G)(1) and (2) of this	550
section, "commercial surveys, marketing, solicitation, or resale	551
for commercial purposes" shall be narrowly construed and does not	552
include reporting or gathering news, reporting or gathering	553
information to assist citizen oversight or understanding of the	554
operation or activities of government, or nonprofit educational	555
research.	556

Section 2. That existing sections 149.011 and 149.43 of the	557
Revised Code are hereby repealed.	558