As Reported by the Senate Judiciary--Civil Justice Committee

126th General Assembly Regular Session 2005-2006

Sub. H. B. No. 9

Representatives Oelslager, Flowers, Buehrer, White, Trakas, Aslanides, Beatty, Blessing, Book, Carano, Cassell, Chandler, Collier, DeBose, Domenick, Evans, C., Evans, D., Fende, Fessler, Garrison, Hagan, Hartnett, Harwood, Healy, Key, Law, Mason, McGregor, R., Otterman, Patton, T., Peterson, Redfern, Reidelbach, Sayre, Schneider, Seitz, Setzer, Skindell, Willamowski, Williams, Woodard, Yuko 

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A BILL

To amend sections 149.011, 149.31, 149.38, 149.39,

1

149.41, 149.42, 149.43, 321.46, 2923.129,

2

3319.321, and 4123.88 and to enact sections

3

109.43, 149.411, and 149.412 of the Revised Code

4

and to amend Section 1 of Sub. H.B. 101 of the

5

126th General Assembly to revise the Public

6

Records Law, to create a library records

7

commission in each public library and a special

8

taxing district records commission in each special

9

taxing district, to allow county treasurers to use

10

certain public records training to satisfy part of

11

their continuing education requirement, to extend

12

the Local Government Public Notice Task Force

13

until May 1, 2008, and to revise the records

14

commissions laws.

15

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

Section 1. That sections 149.011, 149.31, 149.38, 149.39,	16
149.41, 149.42, 149.43, 321.46, 2923.129, 3319.321, and 4123.88 be	17
amended and sections 109.43, 149.411, and 149.412 of the Revised	18
Code be enacted to read as follows:	19

Sec. 109.43. (A) As used in this section:

20

(1) "Designee" means a designee of the elected official in	21
the public office if that elected official is the only elected	22
official in the public office involved or a designee of all of the	23
elected officials in the public office if the public office	24
involved includes more than one elected official.	25

(2) "Elected official" means an official elected to a local	26
or statewide office. "Elected official" does not include the chief	27
justice or a justice of the supreme court, a judge of a court of	28
appeals, court of common pleas, municipal court, or county court,	29
or a clerk of any of those courts.	30

(3) "Public office" has the same meaning as in section	31
149.011 of the Revised Code.	32

(4) "Public record" has the same meaning as in section 149.43	33
of the Revised Code.	34

(B) The attorney general shall develop, provide, and certify	35
training programs and seminars for all elected officials or their	36
appropriate designees in order to enhance the officials' knowledge	37
of the duty to provide access to public records as required by	38
section 149.43 of the Revised Code. The training shall be three	39
hours for every term of office for which the elected official was	40
appointed or elected to the public office involved. The training	41
shall provide elected officials or their appropriate designees	42
with guidance in developing and updating their offices' policies	43
as required under section 149.43 of the Revised Code. The	44
successful completion by an elected official or by an elected	45
official's appropriate designee of the training requirements	46
established by the attorney general under this section shall	47
satisfy the education requirements imposed on elected officials or	48
their appropriate designees under division (E) of section 149.43	49
of the Revised Code. Prior to providing the training programs and	50
seminars under this section to satisfy the education requirements	51
imposed on elected officials or their appropriate designees under	52
division (E) of section 149.43 of the Revised Code, the attorney	53
general shall ensure that the training programs and seminars are	54
accredited by the commission on continuing legal education	55
established by the supreme court.	56

(C) The attorney general shall not charge any elected	57
official or the appropriate designee of any elected official any	58
fee for attending the training programs and seminars that the	59
attorney general conducts under this section. The attorney general	60
may allow the attendance of any other interested persons at any of	61
the training programs or seminars that the attorney general	62
conducts under this section and shall not charge the person any	63
fee for attending the training program or seminar.	64

(D) In addition to developing, providing, and certifying	65
training programs and seminars as required under division (B) of	66
this section, the attorney general may contract with one or more	67
other state agencies, political subdivisions, or other public or	68
private entities to conduct the training programs and seminars for	69
elected officials or their appropriate designees under this	70
section. The contract may provide for the attendance of any other	71
interested persons at any of the training programs or seminars	72
conducted by the contracting state agency, political subdivision,	73
or other public or private entity. The contracting state agency,	74
political subdivision, or other public or private entity may	75
charge an elected official, an elected official's appropriate	76
designee, or an interested person a registration fee for attending	77
the training program or seminar conducted by that contracting	78
agency, political subdivision, or entity pursuant to a contract	79
entered into under this division. The attorney general shall	80
determine a reasonable amount for the registration fee based on	81
the actual and necessary expenses associated with the training	82
programs and seminars. If the contracting state agency, political	83
subdivision, or other public or private entity charges an elected	84
official or an elected official's appropriate designee a	85
registration fee for attending the training program or seminar	86
conducted pursuant to a contract entered into under this division	87
by that contracting agency, political subdivision, or entity, the	88
public office for which the elected official was appointed or	89
elected to represent may use the public office's own funds to pay	90
for the cost of the registration fee.	91

(E) The attorney general shall develop and provide to all	92
public offices a model public records policy for responding to	93
public records requests in compliance with section 149.43 of the	94
Revised Code in order to provide guidance to public offices in	95
developing their own public record policies for responding to	96
public records requests in compliance with that section.	97

(F) The attorney general may provide any other appropriate	98
training or educational programs about Ohio's "Sunshine Laws,"	99
sections 121.22 and 149.43 of the Revised Code, as may be	100
developed and offered by the attorney general or by the attorney	101
general in collaboration with one or more other state agencies,	102
political subdivisions, or other public or private entities.	103

(G) The auditor of state, in the course of an annual or	104
biennial audit of a public office pursuant to Chapter 117. of the	105
Revised Code, shall audit the public office for compliance with	106
this section and division (E) of section 149.43 of the Revised	107
Code.	108

Sec. 149.011.  As used in this chapter, except as otherwise	109
provided:	110

(A) "Public office" includes any state agency, public	111
institution, political subdivision, or other organized body,	112
office, agency, institution, or entity established by the laws of	113
this state for the exercise of any function of government.	114

(B) "State agency" includes every department, bureau, board,	115
commission, office, or other organized body established by the	116
constitution and laws of this state for the exercise of any	117
function of state government, including any state-supported	118
institution of higher education, the general assembly, any	119
legislative agency, any court or judicial agency, or any political	120
subdivision or agency of a political subdivision.	121

(C) "Public money" includes all money received or collected	122
by or due a public official, whether in accordance with or under	123
authority of any law, ordinance, resolution, or order, under color	124
of office, or otherwise. It also includes any money collected by	125
any individual on behalf of a public office or as a purported	126
representative or agent of the public office.	127

(D) "Public official" includes all officers, employees, or	128
duly authorized representatives or agents of a public office.	129

(E) "Color of office" includes any act purported or alleged	130
to be done under any law, ordinance, resolution, order, or other	131
pretension to official right, power, or authority.	132

(F) "Archive" includes any public record that is transferred	133
to the state archives or other designated archival institutions	134
because of the historical information contained on it.	135

(G) "Records" includes any document, device, or item,	136
regardless of physical form or characteristic, including an	137
electronic record as defined in section 1306.01 of the Revised	138
Code, created or received by or coming under the jurisdiction of	139
any public office of the state or its political subdivisions,	140
which serves to document the organization, functions, policies,	141
decisions, procedures, operations, or other activities of the	142
office.	143

Sec. 149.31.  (A) The Ohio historical society, in addition to	144
its other functions, shall function as the state archives	145
administration for the state and its political subdivisions.	146

It shall be the function of the state archives administration	147
to preserve government archives, documents, and records of	148
historical value that may come into its possession from public or	149
private sources.	150

The archives administration shall evaluate, preserve,	151
arrange, service repair, or make other disposition of, such as	152
including transfer to public libraries, county historical	153
societies, state universities, or other public or quasi-public	154
institutions, agencies, or corporations, of those public records	155
of the state and its political subdivisions that may come into its	156
possession under this section. SuchThose public records shall be	157
transferred by written agreement only, and only to public or	158
quasi-public institutions, agencies, or corporations capable of	159
meeting accepted archival standards for housing and use.	160

The archives administration shall be headed by a trained	161
archivist designated by the Ohio historical society, and shall	162
make its services available to county, citymunicipal, township,	163
and school district, library, and special taxing district records	164
commissions upon request. The archivist shall be designated as the	165
"state archivist."	166

(B) The archives administration may purchase or procure for	167
itself, or authorize the board of trustees of an archival	168
institution to purchase or procure, from an insurance company	169
licensed to do business in this state policies of insurance	170
insuring the administration or the members of the board and their	171
officers, employees, and agents against liability on account of	172
damage or injury to persons and property resulting from any act or	173
omission of the board members, officers, employees, and agents in	174
their official capacity.	175

(C) Notwithstanding any other provision of the Revised Code	176
to the contrary, the archives administration may establish a fee	177
schedule, which may include the cost of labor, for researching,	178
retrieving, copying, and mailing copies of public records in the	179
state archives. Revisions to the fee schedule shall be subject to	180
approval by the board of trustees of the Ohio historical society.	181

Sec. 149.38.  (A) There is hereby created in each county a	182
county records commission, composed of the presidenta member of	183
the board of county commissioners as chairperson, the prosecuting	184
attorney, the auditor, the recorder, and the clerk of the court of	185
common pleas. The commission shall appoint a secretary, who may or	186
may not be a member of the commission and who shall serve at the	187
pleasure of the commission. The commission may employ an archivist	188
or records manager to serve under its direction. The commission	189
shall meet at least once every six months, and upon call of the	190
chairperson.	191

(B) The functions of the county records commission shall be	192
to provide rules for retention and disposal of records of the	193
county and to review applications for one-time records disposal of	194
obsolete records and schedules of records retention and disposal	195
disposition submitted by county offices. Records may be disposed	196
of by theThe commission may dispose of records pursuant to the	197
procedure outlined in this section. The commission, at any time,	198
may review any schedule it has previously approved and, for good	199
cause shown, may revise that schedule, subject to division (D) of	200
this section.	201

(C) When the county records commission has approved any	202
county recordsapplication for one-time disposal, a copy of a list	203
of thoseobsolete records shall be sentor any schedule of records	204
retention and disposition, the commission shall send that	205
application or schedule to the Ohio historical society for its	206
review. The Ohio historical society shall review the application	207
or schedule within a period of not more than sixty days after its	208
receipt of it. Upon completion of its review, the Ohio historical	209
society shall forward the application for one-time disposal of	210
obsolete records or the schedule of records retention and	211
disposition to the auditor of state. If the auditor of state	212
disapproves the action by the commission in whole or in part, the	213
auditor of state shall so inform the commissionfor the auditor's	214
approval or disapproval. The auditor shall approve or disapprove	215
the application or schedule within a period of not more than sixty	216
days, and those records shall not be destroyedafter receipt of	217
it. Before public records are to be disposed of, the commission	218
shall inform the Ohio historical society of the disposal through	219
the submission of a certificate of records disposal and shall give	220
the society the opportunity for a period of sixtyfifteen business	221
days to select for its custody suchthose records asthat it	222
considers to be of continuing historical value. When the Ohio	223
historical society is so informed that public records are to be	224
disposed ofUpon the expiration of the fifteen-business-day	225
period, the county records commission also shall notify the public	226
libraries, county historical society, state universities, and any	227
other public or quasi-public institutions, agencies, or	228
corporations in the county that have provided the commission with	229
their name and address for these notification purposes, that the	230
commission has informed the Ohio historical society has been so	231
informedof the records disposal and that the notified entities,	232
upon written agreement with the Ohio historical society pursuant	233
to section 149.31 of the Revised Code, may select records of	234
continuing historical value, including records that may be	235
distributed to any of the notified entities under section 149.31	236
of the Revised Code.	237

(D) The rules of the county records commission shall include	238
a rule that requires any receipts, checks, vouchers, or other	239
similar records pertaining to expenditures from the delinquent tax	240
and assessment collection fund created in section 321.261 of the	241
Revised Code, from the real estate assessment fund created in	242
section 325.31 of the Revised Code, or from amounts allocated for	243
the furtherance of justice to the county sheriff under section	244
325.071 of the Revised Code or to the prosecuting attorney under	245
section 325.12 of the Revised Code to be retained for at least	246
four years.	247

(E) No person shall knowingly violate the rule adopted under	248
division (D) of this section. Whoever violates that rule is guilty	249
of a misdemeanor of the first degree.	250

Sec. 149.39.  There is hereby created in each municipal	251
corporation a records commission composed of the chief executive	252
or histhe chief executive's appointed representative, as chairman	253
chairperson, and the chief fiscal officer, the chief legal	254
officer, and a citizen appointed by the chief executive. The	255
commission shall appoint a secretary, who may or may not be a	256
member of the commission and who shall serve at the pleasure of	257
the commission. The commission may employ an archivist or records	258
manager to serve under its direction. The commission shall meet at	259
least once every six months, and upon call of the chairman	260
chairperson.	261

The functions of the commission shall be to provide rules for	262
retention and disposal of records of the municipal corporation and	263
to review applications for one-time disposal of obsolete records	264
disposal and schedules of records retention and disposition	265
submitted by municipal offices. Records may be disposed of by the	266
The commission may dispose of records pursuant to the procedure	267
outlined in this section. The commission may at any time may	268
review any schedule it has previously approved, and for good cause	269
shown may revise that schedule.	270

When the municipal records have beencommission has approved	271
any application for one-time disposal, a list of suchobsolete	272
records shall be sentor any schedule of records retention and	273
disposition, the commission shall send that application or	274
schedule to the Ohio historical society for its review. The Ohio	275
historical society shall review the application or schedule within	276
a period of not more than sixty days after its receipt of it. Upon	277
completion of its review, the Ohio historical society shall	278
forward the application for one-time disposal of obsolete records	279
or the schedule of records retention and disposition to the	280
auditor of state. If he disapproves of the action by the municipal	281
commission, in whole or in part, he shall so inform the commission	282
for the auditor's approval or disapproval. The auditor shall	283
approve or disapprove the application or schedule within a period	284
of not more than sixty days and these records shall not be	285
destroyedafter receipt of it. Before public records are to be	286
disposed of, the commission shall inform the Ohio historical	287
society shall be informed and givenof the disposal through the	288
submission of a certificate of records disposal and shall give the	289
society the opportunity for a period of sixtyfifteen business	290
days to select for its custody suchthose public records asthat	291
it considers to be of continuing historical value.	292

Sec. 149.41.  There is hereby created in each city, local,	293
joint vocational, and exempted village school district a school	294
district records commission and in each educational service center	295
an educational service center records commission. Each records	296
commission shall be composed of the president, the treasurer of	297
the board of education or governing board of the educational	298
service center, and the superintendent of schools in each such	299
district or educational service center. The commission shall meet	300
at least once every twelve months.	301

The function of the commission shall be to review	302
applications for one-time disposal of obsolete records disposal	303
and schedules of records retention and disposition submitted by	304
any employee of the school district or educational service center.	305
Records may be disposed of by theThe commission may dispose of	306
records pursuant to the procedure outlined in this section. The	307
commission may at any time may review any schedule it has	308
previously approved, and for good cause shown may revise that	309
schedule.	310

When the school district records commission or the	311
educational service center records have beencommission has	312
approved any application for one-time disposal, a list of such	313
obsolete records shall be sentor any schedule of records	314
retention and disposition, the appropriate commission shall send	315
that application or schedule to the Ohio historical society for	316
its review. The Ohio historical society shall review the	317
application or schedule within a period of not more than sixty	318
days after its receipt of it. Upon completion of its review, the	319
Ohio historical society shall forward the application for one-time	320
disposal of obsolete records or the schedule of records retention	321
and disposition to the auditor of state. If he disapproves the	322
action by the commission, in whole or in part, he shall so inform	323
the commissionfor the auditor's approval or disapproval. The	324
auditor shall approve or disapprove the application or schedule	325
within a period of not more than sixty days and these records	326
shall not be destroyedafter receipt of it. Before public records	327
are to be disposed of, the appropriate commission shall inform the	328
Ohio historical society shall be informed and givenof the	329
disposal through the submission of a certificate of records	330
disposal and shall give the society the opportunity for a period	331
of sixtyfifteen business days to select for its custody such	332
those public records asthat it considers to be of continuing	333
historical value. The society may not review or select for its	334
custody either of the following:	335

(A) Records containing personally identifiable information	336
concerning any pupil attending a public school other than	337
directory information, as defined in section 3319.321 of the	338
Revised Code, without the written consent of the parent, guardian,	339
or custodian of each such pupil who is less than eighteen years of	340
age, or without the written consent of each such pupil who is	341
eighteen years of age or older;	342

(B) Records the release of which would, according to the	343
"Family Educational Rights and Privacy Act of 1974," 88 Stat. 571,	344
20 U.S.C.A. 1232g, disqualify a school or other educational	345
institution from receiving federal funds.	346

Sec. 149.411.  There is hereby created in each county free	347
public library, municipal free public library, township free	348
public library, county library district, and regional library	349
district a library records commission composed of the members and	350
the clerk of the board of library trustees of the appropriate	351
public library or library district. The commission shall meet at	352
least once every twelve months.	353

The functions of the commission shall be to review	354
applications for one-time disposal of obsolete records and	355
schedules of records retention and disposition submitted by any	356
employee of the library. The commission may dispose of records	357
pursuant to the procedure outlined in this section. The commission	358
at any time may review any schedule it has previously approved and	359
for good cause shown may revise that schedule.	360

When the appropriate library records commission has approved	361
any library application for one-time disposal of obsolete records	362
or any schedule of records retention and disposition, the	363
commission shall send that application or schedule to the Ohio	364
historical society for its review. The Ohio historical society	365
shall review the application or schedule within a period of not	366
more than sixty days after its receipt of it. Upon completion of	367
its review, the Ohio historical society shall forward the	368
application for one-time disposal of obsolete records or the	369
schedule of records retention and disposition to the auditor of	370
state for the auditor's approval or disapproval. The auditor shall	371
approve or disapprove the application or schedule within a period	372
of not more than sixty days after receipt of it. Before public	373
records are to be disposed of, the commission shall inform the	374
Ohio historical society of the disposal through the submission of	375
a certificate of records disposal and shall give the society the	376
opportunity for a period of fifteen business days to select for	377
its custody those public records that it considers to be of	378
continuing historical value. The Ohio historical society may not	379
review or select for its custody any records pursuant to section	380
149.432 of the Revised Code.	381

Sec. 149.412.  There is hereby created in each special taxing	382
district that is a public office as defined in section 149.011 of	383
the Revised Code and that is not specifically designated in	384
section 149.38, 149.39, 149.41, 149.411, or 149.42 of the Revised	385
Code a special taxing district records commission composed of, at	386
a minimum, the chairperson, a fiscal representative, and a legal	387
representative of the governing board of the special taxing	388
district. The commission shall meet at least once every twelve	389
months and upon the call of the chairperson.	390

The functions of the commission shall be to review	391
applications for one-time disposal of obsolete records and	392
schedules of records retention and disposition submitted by any	393
employee of the special taxing district. The commission may	394
dispose of records pursuant to the procedure outlined in this	395
section. The commission at any time may review any schedule it has	396
previously approved and for good cause shown may revise that	397
schedule.	398

When the special taxing district records commission has	399
approved any special taxing district application for one-time	400
disposal of obsolete records or any schedule of records retention	401
and disposition, the commission shall send that application or	402
schedule to the Ohio historical society for its review. The Ohio	403
historical society shall review the application or schedule within	404
a period of not more than sixty days after its receipt of it. Upon	405
completion of its review, the Ohio historical society shall	406
forward the application for one-time disposal of obsolete records	407
or the schedule of records retention and disposition to the	408
auditor of state for the auditor's approval or disapproval. The	409
auditor shall approve or disapprove the application or schedule	410
within a period of not more than sixty days after receipt of it.	411
Before public records are to be disposed of, the commission shall	412
inform the Ohio historical society of the disposal through the	413
submission of a certificate of records disposal and shall give the	414
society the opportunity for a period of fifteen business days to	415
select for its custody those public records that it considers to	416
be of continuing historical value.	417

Sec. 149.42.  There is hereby created in each township a	418
township records commission, composed of the chairperson of the	419
board of township trustees and the fiscal officer of the township.	420
The commission shall meet at least once every twelve months, and	421
upon call of the chairperson.	422

The function of the commission shall be to review	423
applications for one-time disposal of obsolete records disposal	424
and schedules of records retention and disposition submitted by	425
township offices. Records may be disposed of by theThe commission	426
may dispose of records pursuant to the procedure outlined in this	427
section. The commission may at any time may review any schedule it	428
has previously approved, and for good cause shown may revise that	429
schedule.	430

When the township records have beencommission has approved	431
any township application for one-time disposal, a list of the	432
obsolete records shall be sentor any schedule of records	433
retention and disposition, the commission shall send that	434
application or schedule to the Ohio historical society for its	435
review. The Ohio historical society shall review the application	436
or schedule within a period of not more than sixty days after its	437
receipt of it. Upon completion of its review, the Ohio historical	438
society shall forward the application for one-time disposal of	439
obsolete records or the schedule of records retention and	440
disposition to the auditor of state. If the auditor of state	441
disapproves of the action by the commission, in whole or in part,	442
the auditor of state shall so inform the commissionfor the	443
auditor's approval or disapproval. The auditor shall approve or	444
disapprove the application or schedule within a period of not more	445
than sixty days, and these records shall not be destroyedafter	446
receipt of it. Before public records are to be disposed of, the	447
commission shall inform the Ohio historical society shall be	448
informed and givenof the disposal through the submission of a	449
certificate of records disposal and shall give the society the	450
opportunity for a period of sixtyfifteen business days to select	451
for its custody those public records that it considers to be of	452
continuing historical value.	453

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

454

(1) "Public record" means records kept by any public office,	455
including, but not limited to, state, county, city, village,	456
township, and school district units, and records pertaining to the	457
delivery of educational services by an alternative school in Ohio	458
this state kept by athe nonprofit or for profit entity operating	459
suchthe alternative school pursuant to section 3313.533 of the	460
Revised Code. "Public record" does not mean any of the following:	461

(a) Medical records;

462

(b) Records pertaining to probation and parole proceedings or	463
to proceedings related to the imposition of community control	464
sanctions and post-release control sanctions;	465

(c) Records pertaining to actions under section 2151.85 and	466
division (C) of section 2919.121 of the Revised Code and to	467
appeals of actions arising under those sections;	468

(d) Records pertaining to adoption proceedings, including the	469
contents of an adoption file maintained by the department of	470
health under section 3705.12 of the Revised Code;	471

(e) Information in a record contained in the putative father	472
registry established by section 3107.062 of the Revised Code,	473
regardless of whether the information is held by the department of	474
job and family services or, pursuant to section 3111.69 of the	475
Revised Code, the office of child support in the department or a	476
child support enforcement agency;	477

(f) Records listed in division (A) of section 3107.42 of the	478
Revised Code or specified in division (A) of section 3107.52 of	479
the Revised Code;	480

(g) Trial preparation records;

481

(h) Confidential law enforcement investigatory records;

482

(i) Records containing information that is confidential under	483
section 2710.03 or 4112.05 of the Revised Code;	484

(j) DNA records stored in the DNA database pursuant to	485
section 109.573 of the Revised Code;	486

(k) Inmate records released by the department of	487
rehabilitation and correction to the department of youth services	488
or a court of record pursuant to division (E) of section 5120.21	489
of the Revised Code;	490

(l) Records maintained by the department of youth services	491
pertaining to children in its custody released by the department	492
of youth services to the department of rehabilitation and	493
correction pursuant to section 5139.05 of the Revised Code;	494

(m) Intellectual property records;

495

(n) Donor profile records;

496

(o) Records maintained by the department of job and family	497
services pursuant to section 3121.894 of the Revised Code;	498

(p) Peace officer, firefighter, or EMT residential and	499
familial information;	500

(q) In the case of a county hospital operated pursuant to	501
Chapter 339. of the Revised Code or a municipal hospital operated	502
pursuant to Chapter 749. of the Revised Code, information that	503
constitutes a trade secret, as defined in section 1333.61 of the	504
Revised Code;	505

(r) Information pertaining to the recreational activities of	506
a person under the age of eighteen;	507

(s) Records provided to, statements made by review board	508
members during meetings of, and all work products of a child	509
fatality review board acting under sections 307.621 to 307.629 of	510
the Revised Code, other than the report prepared pursuant to	511
section 307.626 of the Revised Code;	512

(t) Records provided to and statements made by the executive	513
director of a public children services agency or a prosecuting	514
attorney acting pursuant to section 5153.171 of the Revised Code	515
other than the information released under that section;	516

(u) Test materials, examinations, or evaluation tools used in	517
an examination for licensure as a nursing home administrator that	518
the board of examiners of nursing home administrators administers	519
under section 4751.04 of the Revised Code or contracts under that	520
section with a private or government entity to administer;	521

(v) Records the release of which is prohibited by state or	522
federal law;	523

(w) Proprietary information of or relating to any person that	524
is submitted to or compiled by the Ohio venture capital authority	525
created under section 150.01 of the Revised Code;	526

(x) Information reported and evaluations conducted pursuant	527
to section 3701.072 of the Revised Code;	528

(y) Financial statements and data any person submits for any	529
purpose to the Ohio housing finance agency or the controlling	530
board in connection with applying for, receiving, or accounting	531
for financial assistance from the agency, and information that	532
identifies any individual who benefits directly or indirectly from	533
financial assistance from the agency.	534

(2) "Confidential law enforcement investigatory record" means	535
any record that pertains to a law enforcement matter of a	536
criminal, quasi-criminal, civil, or administrative nature, but	537
only to the extent that the release of the record would create a	538
high probability of disclosure of any of the following:	539

(a) The identity of a suspect who has not been charged with	540
the offense to which the record pertains, or of an information	541
source or witness to whom confidentiality has been reasonably	542
promised;	543

(b) Information provided by an information source or witness	544
to whom confidentiality has been reasonably promised, which	545
information would reasonably tend to disclose the source's or	546
witness's identity;	547

(c) Specific confidential investigatory techniques or	548
procedures or specific investigatory work product;	549

(d) Information that would endanger the life or physical	550
safety of law enforcement personnel, a crime victim, a witness, or	551
a confidential information source.	552

(3) "Medical record" means any document or combination of	553
documents, except births, deaths, and the fact of admission to or	554
discharge from a hospital, that pertains to the medical history,	555
diagnosis, prognosis, or medical condition of a patient and that	556
is generated and maintained in the process of medical treatment.	557

(4) "Trial preparation record" means any record that contains	558
information that is specifically compiled in reasonable	559
anticipation of, or in defense of, a civil or criminal action or	560
proceeding, including the independent thought processes and	561
personal trial preparation of an attorney.	562

(5) "Intellectual property record" means a record, other than	563
a financial or administrative record, that is produced or	564
collected by or for faculty or staff of a state institution of	565
higher learning in the conduct of or as a result of study or	566
research on an educational, commercial, scientific, artistic,	567
technical, or scholarly issue, regardless of whether the study or	568
research was sponsored by the institution alone or in conjunction	569
with a governmental body or private concern, and that has not been	570
publicly released, published, or patented.	571

(6) "Donor profile record" means all records about donors or	572
potential donors to a public institution of higher education	573
except the names and reported addresses of the actual donors and	574
the date, amount, and conditions of the actual donation.	575

(7) "Peace officer, firefighter, or EMT residential and	576
familial information" means either of the following:	577

(a) Any information maintained in a personnel record of a	578
peace officer, firefighter, or EMT that discloses any of the	579
following:	580

(i) The address of the actual personal residence of a peace	581
officer, firefighter, or EMT, except for the state or political	582
subdivision in which the peace officer, firefighter, or EMT	583
resides;	584

(ii) Information compiled from referral to or participation	585
in an employee assistance program;	586

(iii) The social security number, the residential telephone	587
number, any bank account, debit card, charge card, or credit card	588
number, or the emergency telephone number of, or any medical	589
information pertaining to, a peace officer, firefighter, or EMT;	590

(iv) The name of any beneficiary of employment benefits,	591
including, but not limited to, life insurance benefits, provided	592
to a peace officer, firefighter, or EMT by the peace officer's,	593
firefighter's, or EMT's employer;	594

(v) The identity and amount of any charitable or employment	595
benefit deduction made by the peace officer's, firefighter's, or	596
EMT's employer from the peace officer's, firefighter's, or EMT's	597
compensation unless the amount of the deduction is required by	598
state or federal law;	599

(vi) The name, the residential address, the name of the	600
employer, the address of the employer, the social security number,	601
the residential telephone number, any bank account, debit card,	602
charge card, or credit card number, or the emergency telephone	603
number of the spouse, a former spouse, or any child of a peace	604
officer, firefighter, or EMT.	605

(b) Any record that identifies a person's occupation as a	606
peace officer, firefighter, or EMT other than statements required	607
to include the disclosure of that fact under the campaign finance	608
law.	609

As used in divisions (A)(7) and (B)(5)(9) of this section,	610
"peace officer" has the same meaning as in section 109.71 of the	611
Revised Code and also includes the superintendent and troopers of	612
the state highway patrol; it does not include the sheriff of a	613
county or a supervisory employee who, in the absence of the	614
sheriff, is authorized to stand in for, exercise the authority of,	615
and perform the duties of the sheriff.	616

As used in divisions (A)(7) and (B)(5)(9) of this section,	617
"firefighter" means any regular, paid or volunteer, member of a	618
lawfully constituted fire department of a municipal corporation,	619
township, fire district, or village.	620

As used in divisions (A)(7) and (B)(5)(9) of this section,	621
"EMT" means EMTs-basic, EMTs-I, and paramedics that provide	622
emergency medical services for a public emergency medical service	623
organization. "Emergency medical service organization,"	624
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in	625
section 4765.01 of the Revised Code.	626

(8) "Information pertaining to the recreational activities of	627
a person under the age of eighteen" means information that is kept	628
in the ordinary course of business by a public office, that	629
pertains to the recreational activities of a person under the age	630
of eighteen years, and that discloses any of the following:	631

(a) The address or telephone number of a person under the age	632
of eighteen or the address or telephone number of that person's	633
parent, guardian, custodian, or emergency contact person;	634

(b) The social security number, birth date, or photographic	635
image of a person under the age of eighteen;	636

(c) Any medical record, history, or information pertaining to	637
a person under the age of eighteen;	638

(d) Any additional information sought or required about a	639
person under the age of eighteen for the purpose of allowing that	640
person to participate in any recreational activity conducted or	641
sponsored by a public office or to use or obtain admission	642
privileges to any recreational facility owned or operated by a	643
public office.	644

(9) "Community control sanction" has the same meaning as in	645
section 2929.01 of the Revised Code.	646

(10) "Post-release control sanction" has the same meaning as	647
in section 2967.01 of the Revised Code.	648

(11) "Redaction" means obscuring or deleting any information	649
that is exempt from the duty to permit public inspection or	650
copying from an item that otherwise meets the definition of a	651
"record" in section 149.011 of the Revised Code.	652

(12) "Designee" and "elected official" have the same meanings	653
as in section 109.43 of the Revised Code.	654

(B)(1) SubjectUpon request and subject to division (B)(4)(8)	655
of this section, all public records responsive to the request	656
shall be promptly prepared and made available for inspection to	657
any person at all reasonable times during regular business hours.	658
Subject to division (B)(4)(8) of this section, upon request, a	659
public office or person responsible for public records shall make	660
copies of the requested public record available at cost,and	661
within a reasonable period of time. In order to facilitate broader	662
access to public records, public offices shall maintain public	663
records in a manner that they can be made available for inspection	664
in accordance with this division.If a public record contains	665
information that is exempt from the duty to permit public	666
inspection or to copy the public record, the public office or the	667
person responsible for the public record shall make available all	668
of the information within the public record that is not exempt.	669
When making that public record available for public inspection or	670
copying that public record, the public office or the person	671
responsible for the public record shall notify the requester of	672
any redaction or make the redaction plainly visible. A redaction	673
shall be deemed a denial of a request to inspect or copy the	674
redacted information, except if federal or state law authorizes or	675
requires a public office to make the redaction.	676

(2) To facilitate broader access to public records, a public	677
office or the person responsible for public records shall organize	678
and maintain public records in a manner that they can be made	679
available for inspection or copying in accordance with division	680
(B) of this section. A public office also shall have available a	681
copy of its current records retention schedule at a location	682
readily available to the public. If a requester makes an ambiguous	683
or overly broad request or has difficulty in making a request for	684
copies or inspection of public records under this section such	685
that the public office or the person responsible for the requested	686
public record cannot reasonably identify what public records are	687
being requested, the public office or the person responsible for	688
the requested public record may deny the request but shall provide	689
the requester with an opportunity to revise the request by	690
informing the requester of the manner in which records are	691
maintained by the public office and accessed in the ordinary	692
course of the public office's or person's duties.	693

(3) If a request is ultimately denied, in part or in whole,	694
the public office or the person responsible for the requested	695
public record shall provide the requester with an explanation,	696
including legal authority, setting forth why the request was	697
denied. If the initial request was provided in writing, the	698
explanation also shall be provided to the requester in writing.	699
The explanation shall not preclude the public office or the person	700
responsible for the requested public record from relying upon	701
additional reasons or legal authority in defending an action	702
commenced under division (C) of this section.	703

(4) Unless specifically required or authorized by state or	704
federal law or in accordance with division (B) of this section, no	705
public office or person responsible for public records may limit	706
or condition the availability of public records by requiring	707
disclosure of the requester's identity or the intended use of the	708
requested public record. Any requirement that the requester	709
disclose the requestor's identity or the intended use of the	710
requested public record constitutes a denial of the request.	711

(5) A public office or person responsible for public records	712
may ask a requester to make the request in writing, may ask for	713
the requester's identity, and may inquire about the intended use	714
of the information requested, but may do so only after disclosing	715
to the requester that a written request is not mandatory and that	716
the requester may decline to reveal the requester's identity or	717
the intended use and when a written request or disclosure of the	718
identity or intended use would benefit the requester by enhancing	719
the ability of the public office or person responsible for public	720
records to identify, locate, or deliver the public records sought	721
by the requester.	722

(2)(6) If any person chooses to obtain a copy of a public	723
record in accordance with division (B)(1) of this section, the	724
public office or person responsible for the public record may	725
require that person to pay in advance the cost involved in	726
providing the copy of the public record in accordance with the	727
choice made by the person seeking the copy under this division.	728
The public office or the person responsible for the public record	729
shall permit that person to choose to have the public record	730
duplicated upon paper, upon the same medium upon which the public	731
office or person responsible for the public record keeps it, or	732
upon any other medium upon which the public office or person	733
responsible for the public record determines that it reasonably	734
can be duplicated as an integral part of the normal operations of	735
the public office or person responsible for the public record.	736
When the person seeking the copy makes a choice under this	737
division, the public office or person responsible for the public	738
record shall provide a copy of it in accordance with the choice	739
made by the person seeking the copy. Nothing in this section	740
requires a public office or person responsible for the public	741
record to allow the person seeking a copy of the public record to	742
make the copies of the public record.	743

(3)(7) Upon a request made in accordance with division (B)(1)	744
of this section and subject to division (B)(6) of this section, a	745
public office or person responsible for public records shall	746
transmit a copy of a public record to any person by United States	747
mail or by any other means of delivery or transmission within a	748
reasonable period of time after receiving the request for the	749
copy. The public office or person responsible for the public	750
record may require the person making the request to pay in advance	751
the cost of postage if the copy is transmitted by United States	752
mail or the cost of delivery if the copy is transmitted other than	753
by United States mail, and to pay in advance the costs incurred	754
for other supplies used in the mailing, delivery, or transmission.	755

Any public office may adopt a policy and procedures that it	756
will follow in transmitting, within a reasonable period of time	757
after receiving a request, copies of public records by United	758
States mail or by any other means of delivery or transmission	759
pursuant to this division. A public office that adopts a policy	760
and procedures under this division shall comply with them in	761
performing its duties under this division.	762

In any policy and procedures adopted under this division, a	763
public office may limit the number of records requested by a	764
person that the office will transmit by United States mail to ten	765
per month, unless the person certifies to the office in writing	766
that the person does not intend to use or forward the requested	767
records, or the information contained in them, for commercial	768
purposes. For purposes of this division, "commercial" shall be	769
narrowly construed and does not include reporting or gathering	770
news, reporting or gathering information to assist citizen	771
oversight or understanding of the operation or activities of	772
government, or nonprofit educational research.	773

(4)(8) A public office or person responsible for public	774
records is not required to permit a person who is incarcerated	775
pursuant to a criminal conviction or a juvenile adjudication to	776
inspect or to obtain a copy of any public record concerning a	777
criminal investigation or prosecution or concerning what would be	778
a criminal investigation or prosecution if the subject of the	779
investigation or prosecution were an adult, unless the request to	780
inspect or to obtain a copy of the record is for the purpose of	781
acquiring information that is subject to release as a public	782
record under this section and the judge who imposed the sentence	783
or made the adjudication with respect to the person, or the	784
judge's successor in office, finds that the information sought in	785
the public record is necessary to support what appears to be a	786
justiciable claim of the person.	787

(5)(9) Upon written request made and signed by a journalist	788
on or after December 16, 1999, a public office, or person	789
responsible for public records, having custody of the records of	790
the agency employing a specified peace officer, firefighter, or	791
EMT shall disclose to the journalist the address of the actual	792
personal residence of the peace officer, firefighter, or EMT and,	793
if the peace officer's, firefighter's, or EMT's spouse, former	794
spouse, or child is employed by a public office, the name and	795
address of the employer of the peace officer's, firefighter's, or	796
EMT's spouse, former spouse, or child. The request shall include	797
the journalist's name and title and the name and address of the	798
journalist's employer and shall state that disclosure of the	799
information sought would be in the public interest.	800

As used in this division (B)(5) of this section, "journalist"	801
means a person engaged in, connected with, or employed by any news	802
medium, including a newspaper, magazine, press association, news	803
agency, or wire service, a radio or television station, or a	804
similar medium, for the purpose of gathering, processing,	805
transmitting, compiling, editing, or disseminating information for	806
the general public.	807

(C)(1) If a person allegedly is aggrieved by the failure of a	808
public office or the person responsible for public records to	809
promptly prepare a public record and to make it available to the	810
person for inspection in accordance with division (B) of this	811
section, or if a person who has requested a copy of a public	812
record allegedly is aggrieved by theany other failure of a public	813
office or the person responsible for the public record to make a	814
copy available to the person allegedly aggrievedor the person	815
responsible for public records to comply with an obligation in	816
accordance with division (B) of this section, the person allegedly	817
aggrieved may commence a mandamus action to obtain a judgment that	818
orders the public office or the person responsible for the public	819
record to comply with division (B) of this section and, that	820
awards court costs and reasonable attorney's fees to the person	821
that instituted the mandamus action, and, if applicable, that	822
includes an order fixing statutory damages under division (C)(1)	823
of this section. The mandamus action may be commenced in the court	824
of common pleas of the county in which division (B) of this	825
section allegedly was not complied with, in the supreme court	826
pursuant to its original jurisdiction under Section 2 of Article	827
IV, Ohio Constitution, or in the court of appeals for the	828
appellate district in which division (B) of this section allegedly	829
was not complied with pursuant to its original jurisdiction under	830
Section 3 of Article IV, Ohio Constitution.	831

If a requestor transmits a written request by hand delivery	832
or certified mail to inspect or receive copies of any public	833
record in a manner that fairly describes the public record or	834
class of public records to the public office or person responsible	835
for the requested public records, except as otherwise provided in	836
this section, the requestor shall be entitled to recover the	837
amount of statutory damages set forth in this division if a court	838
determines that the public office or the person responsible for	839
public records failed to comply with an obligation in accordance	840
with division (B) of this section.	841

The amount of statutory damages shall be fixed at one hundred	842
dollars for each business day during which the public office or	843
person responsible for the requested public records failed to	844
comply with an obligation in accordance with division (B) of this	845
section, beginning with the day on which the requester files a	846
mandamus action to recover statutory damages, up to a maximum of	847
one thousand dollars. The award of statutory damages shall not be	848
construed as a penalty, but as compensation for injury arising	849
from lost use of the requested information. The existence of this	850
injury shall be conclusively presumed. The award of statutory	851
damages shall be in addition to all other remedies authorized by	852
this section.	853

The court may reduce an award of statutory damages or not	854
award statutory damages if the court determines both of the	855
following:	856

(a) That, based on the ordinary application of statutory law	857
and case law as it existed at the time of the conduct or	858
threatened conduct of the public office or person responsible for	859
the requested public records that allegedly constitutes a failure	860
to comply with an obligation in accordance with division (B) of	861
this section and that was the basis of the mandamus action, a	862
well-informed public office or person responsible for the	863
requested public records reasonably would believe that the conduct	864
or threatened conduct of the public office or person responsible	865
for the requested public records did not constitute a failure to	866
comply with an obligation in accordance with division (B) of this	867
section;	868

(b) That a well-informed public office or person responsible	869
for the requested public records reasonably would believe that the	870
conduct or threatened conduct of the public office or person	871
responsible for the requested public records would serve the	872
public policy that underlies the authority that is asserted as	873
permitting that conduct or threatened conduct.	874

(2)(a) If the court issues a writ of mandamus that orders the	875
public office or the person responsible for the public record to	876
comply with division (B) of this section and determines that the	877
circumstances described in division (C)(1) of this section exist,	878
the court shall determine and award to the relator all court	879
costs.	880

(b) If the court renders a judgment that orders the public	881
office or the person responsible for the public record to comply	882
with division (B) of this section, the court may award reasonable	883
attorney's fees subject to reduction as described in division	884
(C)(2)(c) of this section. The court shall award reasonable	885
attorney's fees, subject to reduction as described in division	886
(C)(2)(c) of this section when either of the following applies:	887

(i) The public office or the person responsible for the	888
public records failed to respond affirmatively or negatively to	889
the public records request in accordance with the time allowed	890
under division (B) of this section.	891

(ii) The public office or the person responsible for the	892
public records promised to permit the relator to inspect or	893
receive copies of the public records requested within a specified	894
period of time but failed to fulfill that promise within that	895
specified period of time.	896

(c) Court costs and reasonable attorney's fees awarded under	897
this section shall be construed as remedial and not punitive.	898
Reasonable attorney's fees shall include reasonable fees incurred	899
to produce proof of the reasonableness and amount of the fees and	900
to otherwise litigate entitlement to the fees. The court may	901
reduce an award of attorney's fees to the relator or not award	902
attorney's fees to the relator if the court determines both of the	903
following:	904

(i) That, based on the ordinary application of statutory law	905
and case law as it existed at the time of the conduct or	906
threatened conduct of the public office or person responsible for	907
the requested public records that allegedly constitutes a failure	908
to comply with an obligation in accordance with division (B) of	909
this section and that was the basis of the mandamus action, a	910
well-informed public office or person responsible for the	911
requested public records reasonably would believe that the conduct	912
or threatened conduct of the public office or person responsible	913
for the requested public records did not constitute a failure to	914
comply with an obligation in accordance with division (B) of this	915
section;	916

(ii) That a well-informed public office or person responsible	917
for the requested public records reasonably would believe that the	918
conduct or threatened conduct of the public office or person	919
responsible for the requested public records as described in	920
division (C)(2)(c)(i) of this section would serve the public	921
policy that underlies the authority that is asserted as permitting	922
that conduct or threatened conduct.	923

(D) Chapter 1347. of the Revised Code does not limit the	924
provisions of this section.	925

(E)(1) To ensure that all employees of public offices are	926
appropriately educated about a public office's obligations under	927
division (B) of this section, all elected officials or their	928
appropriate designees shall attend training approved by the	929
attorney general as provided in section 109.43 of the Revised	930
Code. In addition, all public offices shall adopt a public records	931
policy in compliance with this section for responding to public	932
records requests. In adopting a public records policy under this	933
division, a public office may obtain guidance from the model	934
public records policy developed and provided to the public office	935
by the attorney general under section 109.43 of the Revised Code.	936
Except as otherwise provided in this section, the policy may not	937
limit the number of public records that the public office will	938
make available to a single person, may not limit the number of	939
public records that it will make available during a fixed period	940
of time, and may not establish a fixed period of time before it	941
will respond to a request for inspection or copying of public	942
records, unless that period is less than eight hours.	943

(2) The public office shall distribute the public records	944
policy adopted by the public office under division (E)(1) of this	945
section to the employee of the public office who is the records	946
custodian or records manager or otherwise has custody of the	947
records of that office. The public office shall require that	948
employee to acknowledge receipt of the copy of the public records	949
policy. The public office shall create a poster that describes its	950
public records policy and shall post the poster in a conspicuous	951
place in the public office and in all locations where the public	952
office has branch offices. The public office may post its public	953
records policy on the internet web site of the public office if	954
the public office maintains an internet web site. A public office	955
that has established a manual or handbook of its general policies	956
and procedures for all employees of the public office shall	957
include the public records policy of the public office in the	958
manual or handbook.	959

(E)(F)(1) The bureau of motor vehicles may adopt rules	960
pursuant to Chapter 119. of the Revised Code to reasonably limit	961
the number of bulk commercial special extraction requests made by	962
a person for the same records or for updated records during a	963
calendar year. The rules may include provisions for charges to be	964
made for bulk commercial special extraction requests for the	965
actual cost of the bureau, plus special extraction costs, plus ten	966
per cent. The bureau may charge for expenses for redacting	967
information, the release of which is prohibited by law.	968

(2) As used in divisions (B)(3) and (E)division (F)(1) of	969
this section:	970

(a) "Actual cost" means the cost of depleted supplies,	971
records storage media costs, actual mailing and alternative	972
delivery costs, or other transmitting costs, and any direct	973
equipment operating and maintenance costs, including actual costs	974
paid to private contractors for copying services.	975

(b) "Bulk commercial special extraction request" means a	976
request for copies of a record for information in a format other	977
than the format already available, or information that cannot be	978
extracted without examination of all items in a records series,	979
class of records, or data base by a person who intends to use or	980
forward the copies for surveys, marketing, solicitation, or resale	981
for commercial purposes. "Bulk commercial special extraction	982
request" does not include a request by a person who gives	983
assurance to the bureau that the person making the request does	984
not intend to use or forward the requested copies for surveys,	985
marketing, solicitation, or resale for commercial purposes.	986

(c) "Commercial" means profit-seeking production, buying, or	987
selling of any good, service, or other product.	988

(d) "Special extraction costs" means the cost of the time	989
spent by the lowest paid employee competent to perform the task,	990
the actual amount paid to outside private contractors employed by	991
the bureau, or the actual cost incurred to create computer	992
programs to make the special extraction. "Special extraction	993
costs" include any charges paid to a public agency for computer or	994
records services.	995

(3) For purposes of divisions (E)(F)(1) and (2) of this	996
section, "commercial surveys, marketing, solicitation, or resale	997
for commercial purposes" shall be narrowly construed and does not	998
include reporting or gathering news, reporting or gathering	999
information to assist citizen oversight or understanding of the	1000
operation or activities of government, or nonprofit educational	1001
research.	1002

Sec. 321.46.  (A) To enhance the background and working	1003
knowledge of county treasurers in governmental accounting,	1004
portfolio reporting and compliance, investments, and cash	1005
management, the auditor of state and the treasurer of state shall	1006
conduct education programs for persons elected for the first time	1007
to the office of county treasurer and shall hold biennial	1008
continuing education programs for persons who continue to hold the	1009
office of county treasurer. Education programs for newly elected	1010
county treasurers shall be held between the first day of December	1011
and the first Monday of September next following that person's	1012
election to the office of county treasurer. Similar initial	1013
training may also be provided to any county treasurer who is	1014
appointed to fill a vacancy or who is elected at a special	1015
election.	1016

(B)(1) The auditor of state shall determine the manner and	1017
content of the education programs in the subject areas of	1018
governmental accounting and portfolio reporting and compliance. In	1019
those areas, newly elected county treasurers shall take at least	1020
thirteen hours of education before taking office.	1021

(2) The treasurer of state shall determine the manner and	1022
content of the education programs in the subject areas of	1023
investments and cash management. In those areas, newly elected	1024
county treasurers shall take at least thirteen hours of education	1025
before taking office.	1026

(3)(a) After completing one year in office, a county	1027
treasurer shall take not less than twenty-four hours of continuing	1028
education during each biennial cycle. For purposes of division	1029
(B)(3)(a) of this section, a biennial cycle for continuing	1030
education shall be every two calendar years after the treasurer's	1031
first year in office. The treasurer of state shall determine the	1032
manner and content of the education programs in the subject areas	1033
of investments, cash management, the collection of taxes, ethics,	1034
and any other subject area that the treasurer of state determines	1035
is reasonably related to the duties of the office of the county	1036
treasurer. The auditor of state shall determine the manner and	1037
content of the education programs in the subject areas of	1038
governmental accounting, portfolio reporting and compliance,	1039
office management, and any other subject area that the auditor of	1040
state determines is reasonably related to the duties of the office	1041
of the county treasurer.	1042

(b) A county treasurer who accumulates more than twenty-four	1043
hours of continuing education in a biennial cycle described in	1044
division (B)(3)(a) of this section may credit the hours in excess	1045
of twenty-four hours to the next biennial cycle. However,	1046
regardless of the total number of hours earned, no more than six	1047
hours in the education programs determined by the treasurer of	1048
state pursuant to division (B)(3)(a) of this section and six hours	1049
in the education programs determined by the auditor of state	1050
pursuant to that division shall be carried over to the next	1051
biennial cycle.	1052

(c) A county treasurer who participates in a training program	1053
or seminar established under section 109.43 of the Revised Code	1054
may apply the three hours of training to the twenty-four hours of	1055
continuing education required in a biennial cycle under division	1056
(B)(3)(a) of this section.	1057

(C) The auditor of state and the treasurer of state may each	1058
charge counties a registration fee that will meet actual and	1059
necessary expenses of the training of county treasurers, including	1060
instructor fees, site acquisition costs, and the cost of course	1061
materials. The necessary personal expenses of county treasurers as	1062
a result of attending the training programs shall be borne by the	1063
counties the treasurers represent.	1064

(D) The auditor of state and the treasurer of state may allow	1065
any other interested person to attend any of the education	1066
programs that are held pursuant to this section, provided that	1067
before attending any such education program, the interested person	1068
shall pay to either the auditor of state or the treasurer of	1069
state, as appropriate, the full registration fee set for the	1070
education program.	1071

(E)(1) If a county treasurer fails to complete the initial	1072
education programs required by this section before taking office,	1073
the treasurer's authority to invest county funds and to manage the	1074
county portfolio immediately is suspended, and this authority is	1075
transferred to the county's investment advisory committee until	1076
full compliance with the initial education programs is determined	1077
by the treasurer of state.	1078

(2) If a county treasurer fails to complete continuing	1079
education programs as required by this section, the county	1080
treasurer is subject to divisions (B) to (E) of section 321.47 of	1081
the Revised Code, including possible suspension of the treasurer's	1082
authority to invest county funds and to manage the county	1083
portfolio and transfer of this authority to the county's	1084
investment advisory committee.	1085

(F)(1) Notwithstanding divisions (B) and (E) of this section,	1086
a county treasurer who fails to complete the initial or continuing	1087
education programs required by this section shall invest only in	1088
the Ohio subdivisions fund pursuant to division (A)(6) of section	1089
135.35 of the Revised Code, in no load money market mutual funds	1090
pursuant to division (A)(5) of section 135.35 of the Revised Code,	1091
or in time certificates of deposit or savings or deposit accounts	1092
pursuant to division (A)(3) of section 135.35 of the Revised Code.	1093

(2) A county treasurer who has failed to complete the initial	1094
education programs required by this section and invests in other	1095
than the investments permitted by division (F)(1) of this section	1096
immediately shall have the county treasurer's authority to invest	1097
county funds and to manage the county portfolio suspended, and	1098
this authority shall be transferred to the county's investment	1099
advisory committee until full compliance with the initial	1100
education programs is determined by the treasurer of state.	1101

(3) If a county treasurer fails to complete continuing	1102
education programs required by this section and invests in other	1103
than the investments permitted by division (F)(1) of this section,	1104
the county treasurer is subject to divisions (B) to (E) of section	1105
321.47 of the Revised Code, including possible suspension of the	1106
treasurer's authority to invest county funds and to manage the	1107
county portfolio and transfer of this authority to the county's	1108
investment advisory committee.	1109

(G)(1) There is hereby created in the state treasury the	1110
county treasurer education fund, to be used by the treasurer of	1111
state for actual and necessary expenses of education programs held	1112
pursuant to this section and section 135.22 of the Revised Code.	1113
All registration fees collected by the treasurer of state under	1114
this section and section 135.22 of the Revised Code shall be paid	1115
into that fund.	1116

(2) All registration fees collected by the auditor of state	1117
under this section shall be paid into the auditor of state	1118
training program fund established under section 117.44 of the	1119
Revised Code.	1120

(H) The treasurer of state, with the advice and consent of	1121
the auditor of state, may adopt reasonable rules not inconsistent	1122
with this section for the implementation of this section.	1123

Sec. 2923.129. (A)(1) If a sheriff, the superintendent of the	1124
bureau of criminal identification and investigation, the employees	1125
of the bureau, the Ohio peace officer training commission, or the	1126
employees of the commission make a good faith effort in performing	1127
the duties imposed upon the sheriff, the superintendent, the	1128
bureau's employees, the commission, or the commission's employees	1129
by sections 109.731, 311.41, and 2923.124 to 2923.1213 of the	1130
Revised Code, in addition to the personal immunity provided by	1131
section 9.86 of the Revised Code or division (A)(6) of section	1132
2744.03 of the Revised Code and the governmental immunity of	1133
sections 2744.02 and 2744.03 of the Revised Code and in addition	1134
to any other immunity possessed by the bureau, the commission, and	1135
their employees, the sheriff, the sheriff's office, the county in	1136
which the sheriff has jurisdiction, the bureau, the superintendent	1137
of the bureau, the bureau's employees, the commission, and the	1138
commission's employees are immune from liability in a civil action	1139
for injury, death, or loss to person or property that allegedly	1140
was caused by or related to any of the following:	1141

(a) The issuance, renewal, suspension, or revocation of a	1142
license to carry a concealed handgun or the issuance, suspension,	1143
or revocation of a temporary emergency license to carry a	1144
concealed handgun;	1145

(b) The failure to issue, renew, suspend, or revoke a license	1146
to carry a concealed handgun or the failure to issue, suspend, or	1147
revoke a temporary emergency license to carry a concealed handgun;	1148

(c) Any action or misconduct with a handgun committed by a	1149
licensee.	1150

(2) Any action of a sheriff relating to the issuance,	1151
renewal, suspension, or revocation of a license to carry a	1152
concealed handgun or the issuance, suspension, or revocation of a	1153
temporary emergency license to carry a concealed handgun shall be	1154
considered to be a governmental function for purposes of Chapter	1155
2744. of the Revised Code.	1156

(3) An entity that or instructor who provides a competency	1157
certification of a type described in division (B)(3) of section	1158
2923.125 of the Revised Code is immune from civil liability that	1159
might otherwise be incurred or imposed for any death or any injury	1160
or loss to person or property that is caused by or related to a	1161
person to whom the entity or instructor has issued the competency	1162
certificate if all of the following apply:	1163

(a) The alleged liability of the entity or instructor relates	1164
to the training provided in the course, class, or program covered	1165
by the competency certificate.	1166

(b) The entity or instructor makes a good faith effort in	1167
determining whether the person has satisfactorily completed the	1168
course, class, or program and makes a good faith effort in	1169
assessing the person in the competency examination conducted	1170
pursuant to division (G)(2) of section 2923.125 of the Revised	1171
Code.	1172

(c) The entity or instructor did not issue the competency	1173
certificate with malicious purpose, in bad faith, or in a wanton	1174
or reckless manner.	1175

(4) An entity that or instructor who provides a renewed	1176
competency certification of a type described in division (G)(4) of	1177
section 2923.125 of the Revised Code is immune from civil	1178
liability that might otherwise be incurred or imposed for any	1179
death or any injury or loss to person or property that is caused	1180
by or related to a person to whom the entity or instructor has	1181
issued the renewed competency certificate if all of the following	1182
apply:	1183

(a) The entity or instructor makes a good faith effort in	1184
assessing the person in the competency examination conducted	1185
pursuant to division (G)(2) of section 2923.125 of the Revised	1186
Code.	1187

(b) The entity or instructor did not issue the renewed	1188
competency certificate with malicious purpose, in bad faith, or in	1189
a wanton or reckless manner.	1190

(5) A law enforcement agency that employs a peace officer is	1191
immune from liability in a civil action to recover damages for	1192
injury, death, or loss to person or property allegedly caused by	1193
any act of that peace officer if the act occurred while the peace	1194
officer carried a concealed handgun and was off duty and if the	1195
act allegedly involved the peace officer's use of the concealed	1196
handgun. Sections 9.86 and 9.87, and Chapter 2744., of the Revised	1197
Code apply to any civil action involving a peace officer's use of	1198
a concealed handgun in the performance of the peace officer's	1199
official duties while the peace officer is off duty.	1200

(B)(1) Notwithstanding section 149.43 of the Revised Code,	1201
except as provided in division (B)(2) of this section, the records	1202
that a sheriff keeps relative to the issuance, renewal,	1203
suspension, or revocation of a license to carry a concealed	1204
handgun or the issuance, suspension, or revocation of a temporary	1205
emergency license to carry a concealed handgun, including, but not	1206
limited to, completed applications for the issuance or renewal of	1207
a license, completed affidavits submitted regarding an application	1208
for a temporary emergency license, reports of criminal records	1209
checks and incompetency records checks under section 311.41 of the	1210
Revised Code, and applicants' social security numbers and	1211
fingerprints that are obtained under division (A) of section	1212
311.41 of the Revised Code, are confidential and are not public	1213
records. Except as provided in division (B)(2) of this section, no	1214
person shall release or otherwise disseminate records that are	1215
confidential under this division unless required to do so pursuant	1216
to a court order.	1217

(2) Upon a written request made to a sheriff and signed by a	1218
(a) A journalist, on or after the effective date of this section	1219
April 8, 2004, themay submit to a sheriff shall disclose to the	1220
journalista signed, written request to view the name, county of	1221
residence, and date of birth of each person to whom the sheriff	1222
has issued a license or replacement license to carry a concealed	1223
handgun, renewed a license to carry a concealed handgun, or issued	1224
a temporary emergency license or replacement temporary emergency	1225
license to carry a concealed handgun under section 2923.125 or	1226
2923.1213 of the Revised Code, or a signed, written request to	1227
view the name, county of residence, and date of birth of each	1228
person for whom the sheriff has suspended or revoked a license to	1229
carry a concealed handgun or a temporary emergency license to	1230
carry a concealed handgun under section 2923.128 of the Revised	1231
Code. The request shall include the journalist's name and title,	1232
shall include the name and address of the journalist's employer,	1233
and shall state that disclosure of the information sought would be	1234
in the public interest. If a journalist submits a signed, written	1235
request to the sheriff to view the information described in this	1236
division, the sheriff shall grant the journalist's request. The	1237
journalist shall not copy the name, county of residence, or date	1238
of birth of each person to or for whom the sheriff has issued,	1239
suspended, or revoked a license described in this division.	1240

(b) As used in division (B)(2) of this section, "journalist"	1241
means a person engaged in, connected with, or employed by any news	1242
medium, including a newspaper, magazine, press association, news	1243
agency, or wire service, a radio or television station, or a	1244
similar medium, for the purpose of gathering, processing,	1245
transmitting, compiling, editing, or disseminating information for	1246
the general public.	1247

(C) Each sheriff shall report to the Ohio peace officer	1248
training commission the number of licenses to carry a concealed	1249
handgun that the sheriff issued, renewed, suspended, revoked, or	1250
denied during the previous quarter of the calendar year, the	1251
number of applications for those licenses for which processing was	1252
suspended in accordance with division (D)(3) of section 2923.125	1253
of the Revised Code during the previous quarter of the calendar	1254
year, and the number of temporary emergency licenses to carry a	1255
concealed handgun that the sheriff issued, suspended, revoked, or	1256
denied during the previous quarter of the calendar year. The	1257
sheriff shall not include in the report the name or any other	1258
identifying information of an applicant or licensee. The sheriff	1259
shall report that information in a manner that permits the	1260
commission to maintain the statistics described in division (D) of	1261
section 109.731 of the Revised Code and to timely prepare the	1262
statistical report described in that division. The information	1263
that is received by the commission under this division is a public	1264
record kept by the commission for the purposes of section 149.43	1265
of the Revised Code.	1266

(D) Law enforcement agencies may use the information a	1267
sheriff makes available through the use of the law enforcement	1268
automated data system pursuant to division (H) of section 2923.125	1269
or division (B)(2) or (D) of section 2923.1213 of the Revised Code	1270
for law enforcement purposes only. The information is confidential	1271
and is not a public record. A person who releases or otherwise	1272
disseminates this information obtained through the law enforcement	1273
automated data system in a manner not described in this division	1274
is guilty of a violation of section 2913.04 of the Revised Code.	1275

(E) Whoever violates division (B) of this section is guilty	1276
of illegal release of confidential concealed handgun license	1277
records, a felony of the fifth degree. In addition to any	1278
penalties imposed under Chapter 2929. of the Revised Code for a	1279
violation of division (B) of this section or a violation of	1280
section 2913.04 of the Revised Code described in division (D) of	1281
this section, if the offender is a sheriff, an employee of a	1282
sheriff, or any other public officer or employee, and if the	1283
violation was willful and deliberate, the offender shall be	1284
subject to a civil fine of one thousand dollars. Any person who is	1285
harmed by a violation of division (B) or (C) of this section or a	1286
violation of section 2913.04 of the Revised Code described in	1287
division (D) of this section has a private cause of action against	1288
the offender for any injury, death, or loss to person or property	1289
that is a proximate result of the violation and may recover court	1290
costs and attorney's fees related to the action.	1291

Sec. 3319.321.  (A) No person shall release, or permit access	1292
to, the names or other personally identifiabledirectory	1293
information concerning any students attending a public school to	1294
any person or group for use in a profit-making plan or activity.	1295
Notwithstanding division (B)(4) of section 149.43 of the Revised	1296
Code, a person may require disclosure of the requestor's identity	1297
or the intended use of the directory information concerning any	1298
students attending a public school to ascertain whether the	1299
directory information is for use in a profit-making plan or	1300
activity.	1301

(B) No person shall release, or permit access to, personally	1302
identifiable information other than directory information	1303
concerning any student attending a public school, for purposes	1304
other than those identified in division (C), (E), (G), or (H) of	1305
this section, without the written consent of the parent, guardian,	1306
or custodian of each such student who is less than eighteen years	1307
of age, or without the written consent of each such student who is	1308
eighteen years of age or older.	1309

(1) For purposes of this section, "directory information"	1310
includes a student's name, address, telephone listing, date and	1311
place of birth, major field of study, participation in officially	1312
recognized activities and sports, weight and height of members of	1313
athletic teams, dates of attendance, date of graduation, and	1314
awards received.	1315

(2)(a) Except as provided in division (B)(2)(b) of this	1316
section, no school district board of education shall impose any	1317
restriction on the presentation of directory information that it	1318
has designated as subject to release in accordance with the	1319
"Family Educational Rights and Privacy Act of 1974," 88 Stat. 571,	1320
20 U.S.C. 1232q, as amended, to representatives of the armed	1321
forces, business, industry, charitable institutions, other	1322
employers, and institutions of higher education unless such	1323
restriction is uniformly imposed on each of these types of	1324
representatives, except that if a student eighteen years of age or	1325
older or a student's parent, guardian, or custodian has informed	1326
the board that any or all such information should not be released	1327
without such person's prior written consent, the board shall not	1328
release that information without such person's prior written	1329
consent.	1330

(b) The names and addresses of students in grades ten through	1331
twelve shall be released to a recruiting officer for any branch of	1332
the United States armed forces who requests such information,	1333
except that such data shall not be released if the student or	1334
student's parent, guardian, or custodian submits to the board a	1335
written request not to release such data. Any data received by a	1336
recruiting officer shall be used solely for the purpose of	1337
providing information to students regarding military service and	1338
shall not be released to any person other than individuals within	1339
the recruiting services of the armed forces.	1340

(3) Except for directory information and except as provided	1341
in division (E), (G), or (H) of this section, information covered	1342
by this section that is released shall only be transferred to a	1343
third or subsequent party on the condition that such party will	1344
not permit any other party to have access to such information	1345
without written consent of the parent, guardian, or custodian, or	1346
of the student who is eighteen years of age or older.	1347

(4) Except as otherwise provided in this section, any parent	1348
of a student may give the written parental consent required under	1349
this section. Where parents are separated or divorced, the written	1350
parental consent required under this section may be obtained from	1351
either parent, subject to any agreement between such parents or	1352
court order governing the rights of such parents. In the case of a	1353
student whose legal guardian is in an institution, a person	1354
independent of the institution who has no other conflicting	1355
interests in the case shall be appointed by the board of education	1356
of the school district in which the institution is located to give	1357
the written parental consent required under this section.	1358

(5)(a) A parent of a student who is not the student's	1359
residential parent, upon request, shall be permitted access to any	1360
records or information concerning the student under the same terms	1361
and conditions under which access to the records or information is	1362
available to the residential parent of that student, provided that	1363
the access of the parent who is not the residential parent is	1364
subject to any agreement between the parents, to division (F) of	1365
this section, and, to the extent described in division (B)(5)(b)	1366
of this section, is subject to any court order issued pursuant to	1367
section 3109.051 of the Revised Code and any other court order	1368
governing the rights of the parents.	1369

(b) If the residential parent of a student has presented the	1370
keeper of a record or information that is related to the student	1371
with a copy of an order issued under division (H)(1) of section	1372
3109.051 of the Revised Code that limits the terms and conditions	1373
under which the parent who is not the residential parent of the	1374
student is to have access to records and information pertaining to	1375
the student or with a copy of any other court order governing the	1376
rights of the parents that so limits those terms and conditions,	1377
and if the order pertains to the record or information in	1378
question, the keeper of the record or information shall provide	1379
access to the parent who is not the residential parent only to the	1380
extent authorized in the order. If the residential parent has	1381
presented the keeper of the record or information with such an	1382
order, the keeper of the record shall permit the parent who is not	1383
the residential parent to have access to the record or information	1384
only in accordance with the most recent such order that has been	1385
presented to the keeper by the residential parent or the parent	1386
who is not the residential parent.	1387

(C) Nothing in this section shall limit the administrative	1388
use of public school records by a person acting exclusively in the	1389
person's capacity as an employee of a board of education or of the	1390
state or any of its political subdivisions, any court, or the	1391
federal government, and nothing in this section shall prevent the	1392
transfer of a student's record to an educational institution for a	1393
legitimate educational purpose. However, except as provided in	1394
this section, public school records shall not be released or made	1395
available for any other purpose. Fingerprints, photographs, or	1396
records obtained pursuant to section 3313.96 or 3319.322 of the	1397
Revised Code, or pursuant to division (E) of this section, or any	1398
medical, psychological, guidance, counseling, or other information	1399
that is derived from the use of the fingerprints, photographs, or	1400
records, shall not be admissible as evidence against the minor who	1401
is the subject of the fingerprints, photographs, or records in any	1402
proceeding in any court. The provisions of this division regarding	1403
the administrative use of records by an employee of the state or	1404
any of its political subdivisions or of a court or the federal	1405
government shall be applicable only when the use of the	1406
information is required by a state statute adopted before November	1407
19, 1974, or by federal law.	1408

(D) A board of education may require, subject to division (E)	1409
of this section, a person seeking to obtain copies of public	1410
school records to pay the cost of reproduction and, in the case of	1411
data released under division (B)(2)(b) of this section, to pay for	1412
any mailing costs, which payment shall not exceed the actual cost	1413
to the school.	1414

(E) A principal or chief administrative officer of a public	1415
school, or any employee of a public school who is authorized to	1416
handle school records, shall provide access to a student's records	1417
to a law enforcement officer who indicates that the officer is	1418
conducting an investigation and that the student is or may be a	1419
missing child, as defined in section 2901.30 of the Revised Code.	1420
Free copies of information in the student's record shall be	1421
provided, upon request, to the law enforcement officer, if prior	1422
approval is given by the student's parent, guardian, or legal	1423
custodian. Information obtained by the officer shall be used	1424
solely in the investigation of the case. The information may be	1425
used by law enforcement agency personnel in any manner that is	1426
appropriate in solving the case, including, but not limited to,	1427
providing the information to other law enforcement officers and	1428
agencies and to the bureau of criminal identification and	1429
investigation for purposes of computer integration pursuant to	1430
section 2901.30 of the Revised Code.	1431

(F) No person shall release to a parent of a student who is	1432
not the student's residential parent or to any other person, or	1433
permit a parent of a student who is not the student's residential	1434
parent or permit any other person to have access to, any	1435
information about the location of any elementary or secondary	1436
school to which a student has transferred or information that	1437
would enable the parent who is not the student's residential	1438
parent or the other person to determine the location of that	1439
elementary or secondary school, if the elementary or secondary	1440
school to which the student has transferred and that requested the	1441
records of the student under section 3313.672 of the Revised Code	1442
informs the elementary or secondary school from which the	1443
student's records are obtained that the student is under the care	1444
of a shelter for victims of domestic violence, as defined in	1445
section 3113.33 of the Revised Code.	1446

(G) A principal or chief administrative officer of a public	1447
school, or any employee of a public school who is authorized to	1448
handle school records, shall comply with any order issued pursuant	1449
to division (D)(1) of section 2151.14 of the Revised Code, any	1450
request for records that is properly made pursuant to division	1451
(D)(3)(a) of section 2151.14 or division (A) of section 2151.141	1452
of the Revised Code, and any determination that is made by a court	1453
pursuant to division (D)(3)(b) of section 2151.14 or division	1454
(B)(1) of section 2151.141 of the Revised Code.	1455

(H) Notwithstanding any provision of this section, a	1456
principal of a public school, to the extent permitted by the	1457
"Family Educational Rights and Privacy Act of 1974," shall make	1458
the report required in section 3319.45 of the Revised Code that a	1459
pupil committed any violation listed in division (A) of section	1460
3313.662 of the Revised Code on property owned or controlled by,	1461
or at an activity held under the auspices of, the board of	1462
education, regardless of whether the pupil was sixteen years of	1463
age or older. The principal is not required to obtain the consent	1464
of the pupil who is the subject of the report or the consent of	1465
the pupil's parent, guardian, or custodian before making a report	1466
pursuant to section 3319.45 of the Revised Code.	1467

Sec. 4123.88.  (A) No person shall orally or in writing,	1468
directly or indirectly, or through any agent or other person	1469
fraudulently hold the person's self out or represent the person's	1470
self or any of the person's partners or associates as authorized	1471
by a claimant or employer to take charge of, or represent the	1472
claimant or employer in respect of, any claim or matter in	1473
connection therewith before the bureau of workers' compensation or	1474
the industrial commission or its district or staff hearing	1475
officers. No person shall directly or indirectly solicit	1476
authority, or pay or give anything of value to another person to	1477
solicit authority, or accept or receive pay or anything of value	1478
from another person for soliciting authority, from a claimant or	1479
employer to take charge of, or represent the claimant or employer	1480
in respect of, any claim or appeal which is or may be filed with	1481
the bureau or commission. No person shall, without prior authority	1482
from the bureau, a member of the commission, the claimant, or the	1483
employer, examine or directly or indirectly cause or employ	1484
another person to examine any claim file or any other file	1485
pertaining thereto. No person shall forge an authorization for the	1486
purpose of examining or cause another person to examine any such	1487
file. No district or staff hearing officer or other employee of	1488
the bureau or commission, notwithstanding the provisions of	1489
section 4123.27 of the Revised Code, shall divulge any information	1490
in respect of any claim or appeal which is or may be filed with a	1491
district or staff hearing officer, the bureau, or commission to	1492
any person other than members of the commission or to the superior	1493
of the employee except upon authorization of the administrator of	1494
workers' compensation or a member of the commission or upon	1495
authorization of the claimant or employer.	1496

(B) The records described or referred to in division (A) of	1497
this section are not public records as defined in division (A)(1)	1498
of section 149.43 of the Revised Code. Any information directly or	1499
indirectly identifying the address or telephone number of a	1500
claimant, regardless of whether the claimant's claim is active or	1501
closed, is not a public record. No person shall solicit or obtain	1502
any such information from any such employee without first having	1503
obtained an authorization therefor as provided in this section.	1504

(C) Except as otherwise specified in division (D) of this	1505
section, information kept by the commission or the bureau pursuant	1506
to this section is for the exclusive use and information of the	1507
commission and the bureau in the discharge of their official	1508
duties, and shall not be open to the public nor be used in any	1509
court in any action or proceeding pending therein, unless the	1510
commission or the bureau is a party to the action or proceeding.	1511
The information, however, may be tabulated and published by the	1512
commission or the bureau in statistical form for the use and	1513
information of other state agencies and the public.	1514

(D)(1) Upon receiving a written request made and signed by a	1515
journalist, the commission or the bureau shall disclose to the	1516
journalist the address or addresses and telephone number or	1517
numbers of claimants, regardless of whether their claims are	1518
active or closed, and the dependents of those claimants.	1519

(2) A journalist is permitted to request the information	1520
described in division (D)(1) of this section for multiple workers	1521
or dependents in one written request.	1522

(3) A journalist shall include all of the following in the	1523
written request:	1524

(a) The journalist's name, title, and signature;

1525

(b) The name and title of the journalist's employer;

1526

(c) A statement that the disclosure of the information sought	1527
is in the public interest.	1528

(4) Neither the commission nor the bureau may inquire as to	1529
the specific public interest served by the disclosure of	1530
information requested by a journalist under division (D) of this	1531
section.	1532

(E) As used in this section, "journalist" has the same	1533
meaning as in division (B)(5)(9) of section 149.43 of the Revised	1534
Code.	1535

Section 2. That existing sections 149.011, 149.31, 149.38,	1536
149.39, 149.41, 149.42, 149.43, 321.46, 2923.129, 3319.321, and	1537
4123.88 of the Revised Code are hereby repealed.	1538

Section 3. That Section 1 of Sub. H.B. 101 of the 126th	1539
General Assembly be amended to read as follows:	1540

Sec. 1. (A) There is hereby created the Local Government	1541
Public Notice Task Force consisting of the following twenty-two	1542
members:	1543

(1) Two members of the House of Representatives, appointed by	1544
the Speaker of the House of Representatives, with at least one	1545
member being appointed from a recommendation of the Minority	1546
Leader of the House of Representatives;	1547

(2) Two members of the Senate, appointed by the President of	1548
the Senate, with at least one member being appointed from a	1549
recomendationrecommendation of the Minority Leader of the Senate;	1550

(3) One member representing the Governor's office, appointed	1551
by the Governor;	1552

(4) One member representing municipal government, appointed	1553
by the Speaker of the House of Representatives from a list of	1554
names provided by the Ohio Municipal League;	1555

(5) One member representing township government, appointed by	1556
the President of the Senate from a list of names provided by the	1557
Ohio Township Association;	1558

(6) One member representing county government, appointed by	1559
the Speaker of the House of Representatives from a list of names	1560
provided by the County Commissioners' Association of Ohio;	1561

(7) One member representing county recorders, one member	1562
representing prosecuting attorneys, one member representing	1563
sheriffs, one member representing county coroners, one member	1564
representing county engineers, one member representing county	1565
auditors, one member representing county treasurers, and one	1566
member representing clerks of the courts of common pleas. The	1567
members representing county recorders, prosecuting attorneys,	1568
sheriffs, and county coroners shall be appointed by the President	1569
of the Senate from a list of names provided by an organization	1570
representing those county officers. The members representing	1571
county engineers, county auditors, county treasurers, and clerks	1572
of the courts of common pleas shall be appointed by the Speaker of	1573
the House of Representatives from a list of names provided by an	1574
organization representing those county officers.	1575

(8) One member representing the Attorney General's office,	1576
appointed by the Attorney General;	1577

(9) One member representing the Ohio Legal Daily Coalition,	1578
appointed by the Governor;	1579

(10) One member representing a daily newspaper with a	1580
circulation of more than one hundred thousand, one member	1581
representing a daily newspaper with a circulation of twenty	1582
thousand to one hundred thousand, one member representing a daily	1583
newspaper with a circulation of under twenty thousand, and one	1584
member representing weekly newspapers, appointed by the Governor	1585
from a list of names provided by the Ohio Newspaper Association.	1586

(B) Appointments to the Task Force shall be made not later	1587
than thirty days after the effective date of this actMay 17,	1588
2006. A member of the House of Representatives appointed by and	1589
designated by the Speaker of the House of Representatives shall be	1590
the chairperson of the Task Force, and a member of the Senate	1591
appointed by and designated by the President of the Senate shall	1592
serve as the vice-chairperson of the Task Force.	1593

The members of the Task Force shall serve without	1594
compensation. The Task Force shall meet as often as necessary to	1595
carry out its official duties and responsibilities. The	1596
Legislative Service Commission shall provide staff assistance to	1597
the Task Force.	1598

(C) The Task Force shall study the public notice requirements	1599
in the Revised Code for local governments and determine if the	1600
public notices are still needed and if there are other ways to	1601
fulfill those requirements, such as by the use of media or	1602
technology other than those currently mandated. The Task Force	1603
shall determine if any changes would enhance public availability	1604
and provide cost savings to local governments.	1605

Not later than one year after the effective date of this act	1606
May 1, 2008, the Task Force shall prepare and submit a report of	1607
its findings and recommendations on whether or not to change local	1608
government public notice requirements to the Governor, the	1609
President and Minority Leader of the Senate, and the Speaker and	1610
Minority Leader of the House of Representatives. On submission of	1611
that report, the Task Force shall cease to exist.	1612

(D) Sections 101.82 to 101.87 of the Revised Code do not	1613
apply to the Task Force.	1614

Section 4. That existing Section 1 of Sub. H.B. 101 of the	1615
126th General Assembly is hereby repealed.	1616

Section 5. Sections 1 and 2 of this act take effect six	1617
months after the effective date of this act.	1618

Section 6.  Section 149.43 of the Revised Code is presented	1619
in this act as a composite of the section as amended by Am. Sub.	1620
H.B. 303, Am. Sub. H.B. 431, and Sub. S.B. 222, all of the 125th	1621
General Assembly. The General Assembly, applying the principle	1622
stated in division (B) of section 1.52 of the Revised Code that	1623
amendments are to be harmonized if reasonably capable of	1624
simultaneous operation, finds that the composite is the resulting	1625
version of the section in effect prior to the effective date of	1626
this act.	1627