As Introduced

128th General Assembly Regular Session 2009-2010

H. B. No. 22

Representative Fende 

Cosponsors: Representatives Yuko, Bubp, Garrison, Stebelton, Bolon, Harris, Luckie, Letson, Williams, B., Hagan, Slesnick 

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A BILL

To amend section 149.43 of the Revised Code to

1

authorize public offices to limit the number of

2

bulk data requests, impose charges to cover the

3

actual costs associated with bulk data requests,

4

and charge for the cost of redacting certain

5

information.

6

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

Section 1. That section 149.43 of the Revised Code be amended	7
to read as follows:	8

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

9

(1) "Public record" means records kept by any public office,	10
including, but not limited to, state, county, city, village,	11
township, and school district units, and records pertaining to the	12
delivery of educational services by an alternative school in this	13
state kept by the nonprofit or for-profit entity operating the	14
alternative school pursuant to section 3313.533 of the Revised	15
Code. "Public record" does not mean any of the following:	16

(a) Medical records;

17

(b) Records pertaining to probation and parole proceedings or	18
to proceedings related to the imposition of community control	19
sanctions and post-release control sanctions;	20

(c) Records pertaining to actions under section 2151.85 and	21
division (C) of section 2919.121 of the Revised Code and to	22
appeals of actions arising under those sections;	23

(d) Records pertaining to adoption proceedings, including the	24
contents of an adoption file maintained by the department of	25
health under section 3705.12 of the Revised Code;	26

(e) Information in a record contained in the putative father	27
registry established by section 3107.062 of the Revised Code,	28
regardless of whether the information is held by the department of	29
job and family services or, pursuant to section 3111.69 of the	30
Revised Code, the office of child support in the department or a	31
child support enforcement agency;	32

(f) Records listed in division (A) of section 3107.42 of the	33
Revised Code or specified in division (A) of section 3107.52 of	34
the Revised Code;	35

(g) Trial preparation records;

36

(h) Confidential law enforcement investigatory records;

37

(i) Records containing information that is confidential under	38
section 2710.03 or 4112.05 of the Revised Code;	39

(j) DNA records stored in the DNA database pursuant to	40
section 109.573 of the Revised Code;	41

(k) Inmate records released by the department of	42
rehabilitation and correction to the department of youth services	43
or a court of record pursuant to division (E) of section 5120.21	44
of the Revised Code;	45

(l) Records maintained by the department of youth services	46
pertaining to children in its custody released by the department	47
of youth services to the department of rehabilitation and	48
correction pursuant to section 5139.05 of the Revised Code;	49

(m) Intellectual property records;

50

(n) Donor profile records;

51

(o) Records maintained by the department of job and family	52
services pursuant to section 3121.894 of the Revised Code;	53

(p) Peace officer, parole officer, prosecuting attorney,	54
assistant prosecuting attorney, correctional employee, youth	55
services employee, firefighter, or EMT residential and familial	56
information;	57

(q) In the case of a county hospital operated pursuant to	58
Chapter 339. of the Revised Code or a municipal hospital operated	59
pursuant to Chapter 749. of the Revised Code, information that	60
constitutes a trade secret, as defined in section 1333.61 of the	61
Revised Code;	62

(r) Information pertaining to the recreational activities of	63
a person under the age of eighteen;	64

(s) Records provided to, statements made by review board	65
members during meetings of, and all work products of a child	66
fatality review board acting under sections 307.621 to 307.629 of	67
the Revised Code, other than the report prepared pursuant to	68
section 307.626 of the Revised Code;	69

(t) Records provided to and statements made by the executive	70
director of a public children services agency or a prosecuting	71
attorney acting pursuant to section 5153.171 of the Revised Code	72
other than the information released under that section;	73

(u) Test materials, examinations, or evaluation tools used in	74
an examination for licensure as a nursing home administrator that	75
the board of examiners of nursing home administrators administers	76
under section 4751.04 of the Revised Code or contracts under that	77
section with a private or government entity to administer;	78

(v) Records the release of which is prohibited by state or	79
federal law;	80

(w) Proprietary information of or relating to any person that	81
is submitted to or compiled by the Ohio venture capital authority	82
created under section 150.01 of the Revised Code;	83

(x) Information reported and evaluations conducted pursuant	84
to section 3701.072 of the Revised Code;	85

(y) Financial statements and data any person submits for any	86
purpose to the Ohio housing finance agency or the controlling	87
board in connection with applying for, receiving, or accounting	88
for financial assistance from the agency, and information that	89
identifies any individual who benefits directly or indirectly from	90
financial assistance from the agency;	91

(z) Records listed in section 5101.29 of the Revised Code.

92

(aa) Discharges recorded with a county recorder under section	93
317.24 of the Revised Code, as specified in division (B)(2) of	94
that section.	95

(2) "Confidential law enforcement investigatory record" means	96
any record that pertains to a law enforcement matter of a	97
criminal, quasi-criminal, civil, or administrative nature, but	98
only to the extent that the release of the record would create a	99
high probability of disclosure of any of the following:	100

(a) The identity of a suspect who has not been charged with	101
the offense to which the record pertains, or of an information	102
source or witness to whom confidentiality has been reasonably	103
promised;	104

(b) Information provided by an information source or witness	105
to whom confidentiality has been reasonably promised, which	106
information would reasonably tend to disclose the source's or	107
witness's identity;	108

(c) Specific confidential investigatory techniques or	109
procedures or specific investigatory work product;	110

(d) Information that would endanger the life or physical	111
safety of law enforcement personnel, a crime victim, a witness, or	112
a confidential information source.	113

(3) "Medical record" means any document or combination of	114
documents, except births, deaths, and the fact of admission to or	115
discharge from a hospital, that pertains to the medical history,	116
diagnosis, prognosis, or medical condition of a patient and that	117
is generated and maintained in the process of medical treatment.	118

(4) "Trial preparation record" means any record that contains	119
information that is specifically compiled in reasonable	120
anticipation of, or in defense of, a civil or criminal action or	121
proceeding, including the independent thought processes and	122
personal trial preparation of an attorney.	123

(5) "Intellectual property record" means a record, other than	124
a financial or administrative record, that is produced or	125
collected by or for faculty or staff of a state institution of	126
higher learning in the conduct of or as a result of study or	127
research on an educational, commercial, scientific, artistic,	128
technical, or scholarly issue, regardless of whether the study or	129
research was sponsored by the institution alone or in conjunction	130
with a governmental body or private concern, and that has not been	131
publicly released, published, or patented.	132

(6) "Donor profile record" means all records about donors or	133
potential donors to a public institution of higher education	134
except the names and reported addresses of the actual donors and	135
the date, amount, and conditions of the actual donation.	136

(7) "Peace officer, parole officer, prosecuting attorney,	137
assistant prosecuting attorney, correctional employee, youth	138
services employee, firefighter, or EMT residential and familial	139
information" means any information that discloses any of the	140
following about a peace officer, parole officer, prosecuting	141
attorney, assistant prosecuting attorney, correctional employee,	142
youth services employee, firefighter, or EMT:	143

(a) The address of the actual personal residence of a peace	144
officer, parole officer, assistant prosecuting attorney,	145
correctional employee, youth services employee, firefighter, or	146
EMT, except for the state or political subdivision in which the	147
peace officer, parole officer, assistant prosecuting attorney,	148
correctional employee, youth services employee, firefighter, or	149
EMT resides;	150

(b) Information compiled from referral to or participation in	151
an employee assistance program;	152

(c) The social security number, the residential telephone	153
number, any bank account, debit card, charge card, or credit card	154
number, or the emergency telephone number of, or any medical	155
information pertaining to, a peace officer, parole officer,	156
prosecuting attorney, assistant prosecuting attorney, correctional	157
employee, youth services employee, firefighter, or EMT;	158

(d) The name of any beneficiary of employment benefits,	159
including, but not limited to, life insurance benefits, provided	160
to a peace officer, parole officer, prosecuting attorney,	161
assistant prosecuting attorney, correctional employee, youth	162
services employee, firefighter, or EMT by the peace officer's,	163
parole officer's, prosecuting attorney's, assistant prosecuting	164
attorney's, correctional employee's, youth services employee's,	165
firefighter's, or EMT's employer;	166

(e) The identity and amount of any charitable or employment	167
benefit deduction made by the peace officer's, parole officer's,	168
prosecuting attorney's, assistant prosecuting attorney's,	169
correctional employee's, youth services employee's, firefighter's,	170
or EMT's employer from the peace officer's, parole officer's,	171
prosecuting attorney's, assistant prosecuting attorney's,	172
correctional employee's, youth services employee's, firefighter's,	173
or EMT's compensation unless the amount of the deduction is	174
required by state or federal law;	175

(f) The name, the residential address, the name of the	176
employer, the address of the employer, the social security number,	177
the residential telephone number, any bank account, debit card,	178
charge card, or credit card number, or the emergency telephone	179
number of the spouse, a former spouse, or any child of a peace	180
officer, parole officer, prosecuting attorney, assistant	181
prosecuting attorney, correctional employee, youth services	182
employee, firefighter, or EMT;	183

(g) A photograph of a peace officer who holds a position or	184
has an assignment that may include undercover or plain clothes	185
positions or assignments as determined by the peace officer's	186
appointing authority.	187

As used in divisions (A)(7) and (B)(9) of this section,	188
"peace officer" has the same meaning as in section 109.71 of the	189
Revised Code and also includes the superintendent and troopers of	190
the state highway patrol; it does not include the sheriff of a	191
county or a supervisory employee who, in the absence of the	192
sheriff, is authorized to stand in for, exercise the authority of,	193
and perform the duties of the sheriff.	194

As used in divisions (A)(7) and (B)(5) of this section,	195
"correctional employee" means any employee of the department of	196
rehabilitation and correction who in the course of performing the	197
employee's job duties has or has had contact with inmates and	198
persons under supervision.	199

As used in divisions (A)(7) and (B)(5) of this section,	200
"youth services employee" means any employee of the department of	201
youth services who in the course of performing the employee's job	202
duties has or has had contact with children committed to the	203
custody of the department of youth services.	204

As used in divisions (A)(7) and (B)(9) of this section,	205
"firefighter" means any regular, paid or volunteer, member of a	206
lawfully constituted fire department of a municipal corporation,	207
township, fire district, or village.	208

As used in divisions (A)(7) and (B)(9) of this section, "EMT"	209
means EMTs-basic, EMTs-I, and paramedics that provide emergency	210
medical services for a public emergency medical service	211
organization. "Emergency medical service organization,"	212
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in	213
section 4765.01 of the Revised Code.	214

(8) "Information pertaining to the recreational activities of	215
a person under the age of eighteen" means information that is kept	216
in the ordinary course of business by a public office, that	217
pertains to the recreational activities of a person under the age	218
of eighteen years, and that discloses any of the following:	219

(a) The address or telephone number of a person under the age	220
of eighteen or the address or telephone number of that person's	221
parent, guardian, custodian, or emergency contact person;	222

(b) The social security number, birth date, or photographic	223
image of a person under the age of eighteen;	224

(c) Any medical record, history, or information pertaining to	225
a person under the age of eighteen;	226

(d) Any additional information sought or required about a	227
person under the age of eighteen for the purpose of allowing that	228
person to participate in any recreational activity conducted or	229
sponsored by a public office or to use or obtain admission	230
privileges to any recreational facility owned or operated by a	231
public office.	232

(9) "Community control sanction" has the same meaning as in	233
section 2929.01 of the Revised Code.	234

(10) "Post-release control sanction" has the same meaning as	235
in section 2967.01 of the Revised Code.	236

(11) "Redaction" means obscuring or deleting any information	237
that is exempt from the duty to permit public inspection or	238
copying from an item that otherwise meets the definition of a	239
"record" in section 149.011 of the Revised Code.	240

(12) "Designee" and "elected official" have the same meanings	241
as in section 109.43 of the Revised Code.	242

(B)(1) Upon request and subject to division (B)(8) of this	243
section, all public records responsive to the request shall be	244
promptly prepared and made available for inspection to any person	245
at all reasonable times during regular business hours. Subject to	246
division (B)(8) of this section, upon request, a public office or	247
person responsible for public records shall make copies of the	248
requested public record available at cost and within a reasonable	249
period of time. Except as otherwise provided in divisions (F) and	250
(G) of this section, or in any other section of the Revised Code,	251
the copies shall be provided at cost. If a public record contains	252
information that is exempt from the duty to permit public	253
inspection or to copy the public record, the public office or the	254
person responsible for the public record shall make available all	255
of the information within the public record that is not exempt.	256
When making that public record available for public inspection or	257
copying that public record, the public office or the person	258
responsible for the public record shall notify the requester of	259
any redaction or make the redaction plainly visible. A redaction	260
shall be deemed a denial of a request to inspect or copy the	261
redacted information, except if federal or state law authorizes	262
or requires a public office to make the redaction.	263

(2) To facilitate broader access to public records, a public	264
office or the person responsible for public records shall organize	265
and maintain public records in a manner that they can be made	266
available for inspection or copying in accordance with division	267
(B) of this section. A public office also shall have available a	268
copy of its current records retention schedule at a location	269
readily available to the public. If a requester makes an ambiguous	270
or overly broad request or has difficulty in making a request for	271
copies or inspection of public records under this section such	272
that the public office or the person responsible for the requested	273
public record cannot reasonably identify what public records are	274
being requested, the public office or the person responsible for	275
the requested public record may deny the request but shall provide	276
the requester with an opportunity to revise the request by	277
informing the requester of the manner in which records are	278
maintained by the public office and accessed in the ordinary	279
course of the public office's or person's duties.	280

(3) If a request is ultimately denied, in part or in whole,	281
the public office or the person responsible for the requested	282
public record shall provide the requester with an explanation,	283
including legal authority, setting forth why the request was	284
denied. If the initial request was provided in writing, the	285
explanation also shall be provided to the requester in writing.	286
The explanation shall not preclude the public office or the person	287
responsible for the requested public record from relying upon	288
additional reasons or legal authority in defending an action	289
commenced under division (C) of this section.	290

(4) Unless specifically required or authorized by state or	291
federal law or in accordance with division (B) of this section, no	292
public office or person responsible for public records may limit	293
or condition the availability of public records by requiring	294
disclosure of the requester's identity or the intended use of the	295
requested public record. Any requirement that the requester	296
disclose the requestor's identity or the intended use of the	297
requested public record constitutes a denial of the request.	298

(5) A public office or person responsible for public records	299
may ask a requester to make the request in writing, may ask for	300
the requester's identity, and may inquire about the intended use	301
of the information requested, but may do so only after disclosing	302
to the requester that a written request is not mandatory and that	303
the requester may decline to reveal the requester's identity or	304
the intended use and when a written request or disclosure of the	305
identity or intended use would benefit the requester by enhancing	306
the ability of the public office or person responsible for public	307
records to identify, locate, or deliver the public records sought	308
by the requester.	309

(6) If any person chooses to obtain a copy of a public record	310
in accordance with division (B) of this section, the public office	311
or person responsible for the public record may require that	312
person to pay in advance the cost involved in providing the copy	313
of the public record in accordance with the choice made by the	314
person seeking the copy under this division. The public office or	315
the person responsible for the public record shall permit that	316
person to choose to have the public record duplicated upon paper,	317
upon the same medium upon which the public office or person	318
responsible for the public record keeps it, or upon any other	319
medium upon which the public office or person responsible for the	320
public record determines that it reasonably can be duplicated as	321
an integral part of the normal operations of the public office or	322
person responsible for the public record. When the person seeking	323
the copy makes a choice under this division, the public office or	324
person responsible for the public record shall provide a copy of	325
it in accordance with the choice made by the person seeking the	326
copy. Nothing in this section requires a public office or person	327
responsible for the public record to allow the person seeking a	328
copy of the public record to make the copies of the public record.	329

(7) Upon a request made in accordance with division (B) of	330
this section and subject to division (B)(6) of this section, a	331
public office or person responsible for public records shall	332
transmit a copy of a public record to any person by United States	333
mail or by any other means of delivery or transmission within a	334
reasonable period of time after receiving the request for the	335
copy. The public office or person responsible for the public	336
record may require the person making the request to pay in advance	337
the cost of postage if the copy is transmitted by United States	338
mail or the cost of delivery if the copy is transmitted other than	339
by United States mail, and to pay in advance the costs incurred	340
for other supplies used in the mailing, delivery, or transmission.	341

Any public office may adopt a policy and procedures that it	342
will follow in transmitting, within a reasonable period of time	343
after receiving a request, copies of public records by United	344
States mail or by any other means of delivery or transmission	345
pursuant to this division. A public office that adopts a policy	346
and procedures under this division shall comply with them in	347
performing its duties under this division.	348

In any policy and procedures adopted under this division, a	349
public office may limit the number of records requested by a	350
person that the office will transmit by United States mail to ten	351
per month, unless the person certifies to the office in writing	352
that the person does not intend to use or forward the requested	353
records, or the information contained in them, for commercial	354
purposes. For purposes of this division, "commercial" shall be	355
narrowly construed and does not include reporting or gathering	356
news, reporting or gathering information to assist citizen	357
oversight or understanding of the operation or activities of	358
government, or nonprofit educational research.	359

(8) A public office or person responsible for public records	360
is not required to permit a person who is incarcerated pursuant to	361
a criminal conviction or a juvenile adjudication to inspect or to	362
obtain a copy of any public record concerning a criminal	363
investigation or prosecution or concerning what would be a	364
criminal investigation or prosecution if the subject of the	365
investigation or prosecution were an adult, unless the request to	366
inspect or to obtain a copy of the record is for the purpose of	367
acquiring information that is subject to release as a public	368
record under this section and the judge who imposed the sentence	369
or made the adjudication with respect to the person, or the	370
judge's successor in office, finds that the information sought in	371
the public record is necessary to support what appears to be a	372
justiciable claim of the person.	373

(9) Upon written request made and signed by a journalist on	374
or after December 16, 1999, a public office, or person responsible	375
for public records, having custody of the records of the agency	376
employing a specified peace officer, parole officer, prosecuting	377
attorney, assistant prosecuting attorney, correctional employee,	378
youth services employee, firefighter, or EMT shall disclose to the	379
journalist the address of the actual personal residence of the	380
peace officer, parole officer, prosecuting attorney, assistant	381
prosecuting attorney, correctional employee, youth services	382
employee, firefighter, or EMT and, if the peace officer's, parole	383
officer's, prosecuting attorney's, assistant prosecuting	384
attorney's, correctional employee's, youth services employee's,	385
firefighter's, or EMT's spouse, former spouse, or child is	386
employed by a public office, the name and address of the employer	387
of the peace officer's, parole officer's, prosecuting attorney's,	388
assistant prosecuting attorney's, correctional employee's, youth	389
services employee's, firefighter's, or EMT's spouse, former	390
spouse, or child. The request shall include the journalist's name	391
and title and the name and address of the journalist's employer	392
and shall state that disclosure of the information sought would be	393
in the public interest.	394

As used in this division, "journalist" means a person engaged	395
in, connected with, or employed by any news medium, including a	396
newspaper, magazine, press association, news agency, or wire	397
service, a radio or television station, or a similar medium, for	398
the purpose of gathering, processing, transmitting, compiling,	399
editing, or disseminating information for the general public.	400

(C)(1) If a person allegedly is aggrieved by the failure of a	401
public office or the person responsible for public records to	402
promptly prepare a public record and to make it available to the	403
person for inspection in accordance with division (B) of this	404
section or by any other failure of a public office or the person	405
responsible for public records to comply with an obligation in	406
accordance with division (B) of this section, the person allegedly	407
aggrieved may commence a mandamus action to obtain a judgment that	408
orders the public office or the person responsible for the public	409
record to comply with division (B) of this section, that awards	410
court costs and reasonable attorney's fees to the person that	411
instituted the mandamus action, and, if applicable, that includes	412
an order fixing statutory damages under division (C)(1) of this	413
section. The mandamus action may be commenced in the court of	414
common pleas of the county in which division (B) of this section	415
allegedly was not complied with, in the supreme court pursuant to	416
its original jurisdiction under Section 2 of Article IV, Ohio	417
Constitution, or in the court of appeals for the appellate	418
district in which division (B) of this section allegedly was not	419
complied with pursuant to its original jurisdiction under Section	420
3 of Article IV, Ohio Constitution.	421

If a requestor transmits a written request by hand delivery	422
or certified mail to inspect or receive copies of any public	423
record in a manner that fairly describes the public record or	424
class of public records to the public office or person responsible	425
for the requested public records, except as otherwise provided in	426
this section, the requestor shall be entitled to recover the	427
amount of statutory damages set forth in this division if a court	428
determines that the public office or the person responsible for	429
public records failed to comply with an obligation in accordance	430
with division (B) of this section.	431

The amount of statutory damages shall be fixed at one hundred	432
dollars for each business day during which the public office or	433
person responsible for the requested public records failed to	434
comply with an obligation in accordance with division (B) of this	435
section, beginning with the day on which the requester files a	436
mandamus action to recover statutory damages, up to a maximum of	437
one thousand dollars. The award of statutory damages shall not be	438
construed as a penalty, but as compensation for injury arising	439
from lost use of the requested information. The existence of this	440
injury shall be conclusively presumed. The award of statutory	441
damages shall be in addition to all other remedies authorized by	442
this section.	443

The court may reduce an award of statutory damages or not	444
award statutory damages if the court determines both of the	445
following:	446

(a) That, based on the ordinary application of statutory law	447
and case law as it existed at the time of the conduct or	448
threatened conduct of the public office or person responsible for	449
the requested public records that allegedly constitutes a failure	450
to comply with an obligation in accordance with division (B) of	451
this section and that was the basis of the mandamus action, a	452
well-informed public office or person responsible for the	453
requested public records reasonably would believe that the conduct	454
or threatened conduct of the public office or person responsible	455
for the requested public records did not constitute a failure to	456
comply with an obligation in accordance with division (B) of this	457
section;	458

(b) That a well-informed public office or person responsible	459
for the requested public records reasonably would believe that the	460
conduct or threatened conduct of the public office or person	461
responsible for the requested public records would serve the	462
public policy that underlies the authority that is asserted as	463
permitting that conduct or threatened conduct.	464

(2)(a) If the court issues a writ of mandamus that orders the	465
public office or the person responsible for the public record to	466
comply with division (B) of this section and determines that the	467
circumstances described in division (C)(1) of this section exist,	468
the court shall determine and award to the relator all court	469
costs.	470

(b) If the court renders a judgment that orders the public	471
office or the person responsible for the public record to comply	472
with division (B) of this section, the court may award reasonable	473
attorney's fees subject to reduction as described in division	474
(C)(2)(c) of this section. The court shall award reasonable	475
attorney's fees, subject to reduction as described in division	476
(C)(2)(c) of this section when either of the following applies:	477

(i) The public office or the person responsible for the	478
public records failed to respond affirmatively or negatively to	479
the public records request in accordance with the time allowed	480
under division (B) of this section.	481

(ii) The public office or the person responsible for the	482
public records promised to permit the relator to inspect or	483
receive copies of the public records requested within a specified	484
period of time but failed to fulfill that promise within that	485
specified period of time.	486

(c) Court costs and reasonable attorney's fees awarded under	487
this section shall be construed as remedial and not punitive.	488
Reasonable attorney's fees shall include reasonable fees incurred	489
to produce proof of the reasonableness and amount of the fees and	490
to otherwise litigate entitlement to the fees. The court may	491
reduce an award of attorney's fees to the relator or not award	492
attorney's fees to the relator if the court determines both of the	493
following:	494

(i) That, based on the ordinary application of statutory law	495
and case law as it existed at the time of the conduct or	496
threatened conduct of the public office or person responsible for	497
the requested public records that allegedly constitutes a failure	498
to comply with an obligation in accordance with division (B) of	499
this section and that was the basis of the mandamus action, a	500
well-informed public office or person responsible for the	501
requested public records reasonably would believe that the conduct	502
or threatened conduct of the public office or person responsible	503
for the requested public records did not constitute a failure to	504
comply with an obligation in accordance with division (B) of this	505
section;	506

(ii) That a well-informed public office or person responsible	507
for the requested public records reasonably would believe that the	508
conduct or threatened conduct of the public office or person	509
responsible for the requested public records as described in	510
division (C)(2)(c)(i) of this section would serve the public	511
policy that underlies the authority that is asserted as permitting	512
that conduct or threatened conduct.	513

(D) Chapter 1347. of the Revised Code does not limit the	514
provisions of this section.	515

(E)(1) To ensure that all employees of public offices are	516
appropriately educated about a public office's obligations under	517
division (B) of this section, all elected officials or their	518
appropriate designees shall attend training approved by the	519
attorney general as provided in section 109.43 of the Revised	520
Code. In addition, all public offices shall adopt a public records	521
policy in compliance with this section for responding to public	522
records requests. In adopting a public records policy under this	523
division, a public office may obtain guidance from the model	524
public records policy developed and provided to the public office	525
by the attorney general under section 109.43 of the Revised Code.	526
Except as otherwise provided in this section, the policy may not	527
limit the number of public records that the public office will	528
make available to a single person, may not limit the number of	529
public records that it will make available during a fixed period	530
of time, and may not establish a fixed period of time before it	531
will respond to a request for inspection or copying of public	532
records, unless that period is less than eight hours.	533

(2) The public office shall distribute the public records	534
policy adopted by the public office under division (E)(1) of this	535
section to the employee of the public office who is the records	536
custodian or records manager or otherwise has custody of the	537
records of that office. The public office shall require that	538
employee to acknowledge receipt of the copy of the public records	539
policy. The public office shall create a poster that describes its	540
public records policy and shall post the poster in a conspicuous	541
place in the public office and in all locations where the public	542
office has branch offices. The public office may post its public	543
records policy on the internet web site of the public office if	544
the public office maintains an internet web site. A public office	545
that has established a manual or handbook of its general policies	546
and procedures for all employees of the public office shall	547
include the public records policy of the public office in the	548
manual or handbook.	549

(F)(1) The bureau of motor vehicles may adopt rules pursuant	550
to Chapter 119. of the Revised Code to reasonably limit the number	551
of bulk commercial special extraction requests made by a person	552
for the same records or for updated records during a calendar	553
year. The rules may include provisions for charges to be made for	554
bulk commercial special extraction requests for the actual cost of	555
the bureau, plus special extraction costs, plus ten per cent. The	556
bureau may charge for expenses for redacting information, the	557
release of which is prohibited by law.	558

(2) As used in division (F)(1) of this section:

559

(a) "Actual cost" means the cost of depleted supplies,	560
records storage media costs, actual mailing and alternative	561
delivery costs, or other transmitting costs, and any direct	562
equipment operating and maintenance costs, including actual costs	563
paid to private contractors for copying services.	564

(b) "Bulk commercial special extraction request" means a	565
request for copies of a record for information in a format other	566
than the format already available, or information that cannot be	567
extracted without examination of all items in a records series,	568
class of records, or data base by a person who intends to use or	569
forward the copies for surveys, marketing, solicitation, or resale	570
for commercial purposes. "Bulk commercial special extraction	571
request" does not include a request by a person who gives	572
assurance to the bureau that the person making the request does	573
not intend to use or forward the requested copies for surveys,	574
marketing, solicitation, or resale for commercial purposes.	575

(c) "Commercial" means profit-seeking production, buying, or	576
selling of any good, service, or other product.	577

(d) "Special extraction costs" means the cost of the time	578
spent by the lowest paid employee competent to perform the task,	579
the actual amount paid to outside private contractors employed by	580
the bureau, or the actual cost incurred to create computer	581
programs to make the special extraction. "Special extraction	582
costs" include any charges paid to a public agency for computer or	583
records services.	584

(3) For purposes of divisions (F)(1) and (2) of this section,	585
"surveys, marketing, solicitation, or resale for commercial	586
purposes" shall be narrowly construed and does not include	587
reporting or gathering news, reporting or gathering information to	588
assist citizen oversight or understanding of the operation or	589
activities of government, or nonprofit educational research.	590

(G)(1) Except as otherwise provided in division (F)(1) of	591
this section or as otherwise provided in any other section of the	592
Revised Code authorizing a higher cost recovery amount per	593
request, a public office may adopt rules under Chapter 119. of the	594
Revised Code to reasonably limit the number of bulk data requests.	595
The rules may include provisions for charges to be made for bulk	596
data requests to cover the actual cost to the public office of	597
making the bulk data available for inspection and copying. The	598
public office also may charge for expenses for redacting	599
information, the release of which is prohibited by law.	600

(2) As used in this division:

601

(a) "Actual cost" means the cost of depleted supplies,	602
records storage costs, actual mailing and alternative delivery	603
costs, or other transmitting costs, and any direct equipment	604
operating and maintenance costs, including actual costs paid to	605
private contractors for copying services, or actual labor costs	606
paid to cover the time spent by the lowest paid public employee	607
competent to perform the tasks of maintaining, locating, and	608
copying the requested records.	609

(b) "Bulk data request" means a request for copies of a	610
record that includes fifty or more images or fifty or more	611
separate entries of information.	612

Section 2.  That existing section 149.43 of the Revised Code	613
is hereby repealed.	614

Section 3.  Section 149.43 of the Revised Code is presented	615
in this act as a composite of the section as amended by both Am.	616
Sub. H.B. 214 and Am. Sub. S.B. 248 of the 127th General Assembly.	617
The General Assembly, applying the principle stated in division	618
(B) of section 1.52 of the Revised Code that amendments are to be	619
harmonized if reasonably capable of simultaneous operation, finds	620
that the composite is the resulting version of the section in	621
effect prior to the effective date of the section as presented in	622
this act.	623