Sub. H. B. No. 391 As Reported by the House Civil and Commercial Law Committee

As Reported by the House Civil and Commercial Law Committee

128th General Assembly

Regular Session

2009-2010

Sub. H. B. No. 391

Representative Chandler

Cosponsors: Representatives Harris, Weddington, Williams, B., Boyd, Foley, Fende, Domenick, Yuko, Williams, S., Brown, Murray, Ujvagi, Garland, Phillips, Heard, Hagan, Lehner, Okey

A BILL

To amend sections 149.43, 149.45, 319.28, 319.54,

1

2903.213, 2903.214, 3113.31, 3503.15, and 3509.03

2

and to enact sections 111.31, 111.32, 111.321,

3

111.33 to 111.40, 2901.44, and 3503.151 of the

4

Revised Code to establish an address

5

confidentiality program for individuals who

6

reasonably believe that they are in danger of

7

being threatened or physically harmed by another

8

person, to exclude the residential and familial

9

information of a federal law enforcement officer

10

from the definition of a public record, to include

11

federal law enforcement officers among the

12

protected individuals who are authorized to

13

request a public office other than the county

14

auditor to redact the person's address from any

15

record made available to the general public on the

16

internet, and to include those officers among the

17

protected individuals who may request the county

18

auditor to replace the person's name with the

19

person's initials on the general tax list and

20

duplicate.

21

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

Section 1. That sections 149.43, 149.45, 319.28, 319.54,	22
2903.213, 2903.214, 3113.31, 3503.15, and 3509.03 be amended and	23
sections 111.31, 111.32, 111.321, 111.33, 111.34, 111.35, 111.36,	24
111.37, 111.38, 111.39, 111.40, 2901.44, and 3503.151 of the	25
Revised Code be enacted to read as follows:	26

Sec. 111.31. As used in sections 111.31 to 111.40 of the	27
Revised Code:	28

(A) "Address" means a residential street address, school	29
address, or work address of a person as specified on an	30
application to be a program participant under section 111.32 of	31
the Revised Code.	32

(B) "Application assistant" means a person who is designated	33
by a court of common pleas, a municipal court, a county court, or	34
the secretary of state to help individuals complete applications	35
to be program participants and who has received training and	36
certification from the secretary of state for that purpose.	37

(C) "Confidential address" means an address that is required	38
to be kept confidential once a program participant is certified	39
under division (D) of section 111.32 of the Revised Code.	40

(D) "Governmental entity" means the state, a political	41
subdivision of the state, or any department, agency, board,	42
commission, or other instrumentality of the state or a political	43
subdivision of the state.	44

(E) "Guardian," "incompetent," "parent," and "ward" have the	45
same meanings as in section 2111.01 of the Revised Code.	46

(F) "Program participant" means a person certified as a	47
program participant under sections 111.31 to 111.40 of the Revised	48
Code.	49

(G) "Shelter for victims of domestic violence" has the same	50
meaning as in section 3113.33 of the Revised Code.	51

(H) "Tier II sex offender/child-victim offender" and "tier	52
III sex offender/child-victim offender" have the same meanings as	53
in section 2950.01 of the Revised Code.	54

Sec. 111.32. (A) An adult person, a parent, or a guardian	55
acting on behalf of a minor, incompetent, or ward may apply with	56
the assistance of an application assistant to the secretary of	57
state to have an address designated by the secretary of state	58
serve as the person's address or the address of the minor,	59
incompetent, or ward. The secretary of state shall approve an	60
application if it is filed in the manner and on the form	61
prescribed under sections 111.31 to 111.40 of the Revised Code	62
and, except as otherwise provided in division (B) of this section,	63
if it contains all of the following:	64

(1) A sworn statement by the applicant that the applicant	65
fears for the safety of the applicant, the applicant's children,	66
or the minor, incompetent, or ward on whose behalf the application	67
is made and that one or more of the following apply:	68

(a) The applicant provides proof that the applicant, any of	69
the applicant's children, or the minor, incompetent, or ward on	70
whose behalf the application is made is a victim of a violation of	71
section 2903.11, 2903.12, 2903.13, 2903.21, 2903.211, 2903.22,	72
2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08,	73
2907.09, 2911.211, 2919.22, or 2919.25 of the Revised Code.	74

(b) The applicant provides proof that the applicant, any of	75
the applicant's children, or the minor, incompetent, or ward on	76
whose behalf the application is made has a protection order issued	77
or consent agreement approved under section 2903.213, 2903.214, or	78
3113.31 of the Revised Code or a protection order issued by a	79
court of another state that has been registered under section	80
2919.272 of the Revised Code.	81

(c) The applicant reasonably fears that the applicant, any of	82
the applicant's children, or the minor, incompetent, or ward on	83
whose behalf the application is made is in danger of being	84
threatened or physically harmed by another person.	85

(2) A designation of the secretary of state as the agent for	86
the purposes of receiving service of process and the receipt of	87
mail;	88

(3) The mailing address at which the applicant may be	89
contacted by the secretary of state, and the telephone number or	90
numbers at which the applicant may be called by the secretary of	91
state;	92

(4) The new address or addresses that the applicant requests	93
not be disclosed for the reason that disclosure will increase the	94
risk that the applicant, the applicant's children, or the minor,	95
incompetent, or ward on whose behalf the application is made will	96
be threatened or physically harmed by another person;	97

(5) The signature of the applicant, the name, work address,	98
and signature of the application assistant who assisted the	99
applicant in applying to become a program participant, and the	100
date on which the applicant and application assistant signed the	101
application;	102

(6) The name, occupation if known, and contact information if	103
known of the person the applicant reasonably believes will	104
threaten or physically harm the applicant, the applicant's	105
children, or the minor, incompetent, or ward on whose behalf the	106
application is made.	107

(B)(1) If the applicant under division (A) of this section is	108
a tier II sex offender/child-victim offender or a tier III sex	109
offender/child-victim offender or is a parent or a guardian acting	110
on behalf of a minor, incompetent, or ward who is a tier II sex	111
offender/child-victim offender or a tier III sex	112
offender/child-victim offender, the secretary of state shall	113
approve the applicant's application if it is filed in the manner	114
and on the form prescribed under sections 111.31 to 111.40 of the	115
Revised Code and if it contains all of the following:	116

(a) A sworn statement by the applicant that the applicant	117
fears for the safety of the applicant, the applicant's children,	118
or the minor, incompetent, or ward on whose behalf the application	119
is made and proof that the applicant, any of the applicant's	120
children, or the minor, incompetent, or ward on whose behalf the	121
application is made has a protection order issued or consent	122
agreement approved under section 2903.213, 2903.214, or 3113.31 of	123
the Revised Code or a protection order issued by a court of	124
another state that has been registered under section 2919.272 of	125
the Revised Code;	126

(b) The information specified in divisions (A)(2) to (6) of	127
this section.	128

(2) If the secretary of state approves the application under	129
division (B)(1) of this section and certifies the applicant or the	130
minor, incompetent, or ward on whose behalf the application is	131
made as a program participant under division (D) of this section,	132
the secretary of state shall notify the law enforcement agency	133
that has jurisdiction in the territory in which the confidential	134
address of the applicant or the minor, incompetent, or ward on	135
whose behalf the application is made is located that the applicant	136
or the minor, incompetent, or ward on whose behalf the application	137
is made is a participant in the address confidentiality program.	138

(C) Any person who files an application under division (A) or	139
(B) of this section shall file the application with the office of	140
the secretary of state.	141

(D) Upon the filing of a properly completed application, the	142
secretary of state shall certify the applicant or the minor,	143
incompetent, or ward on whose behalf the application is filed as a	144
program participant. The certification of a program participant	145
shall be valid for four years after the date of the filing of the	146
application for the program participant unless the certification	147
is withdrawn or invalidated before the end of that four-year	148
period. A program participant may renew the program participant's	149
certification pursuant to the renewal procedure adopted by the	150
secretary of state under section 111.40 of the Revised Code.	151

(E) No person shall falsely attest in an application that	152
disclosure of the applicant's address would endanger the	153
applicant's safety, the safety of the applicant's children, or the	154
safety of the minor, incompetent, or ward on whose behalf the	155
application is made or knowingly provide false or incorrect	156
information upon making an application. A violation of this	157
prohibition shall be grounds for removal from the address	158
confidentiality program.	159

Sec. 111.321. (A) In any criminal action involving a	160
violation of section 2903.11, 2903.12, 2903.13, 2903.21, 2903.211,	161
2903.22, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07,	162
2907.08, 2907.09, 2911.211, 2919.22, or 2919.25 of the Revised	163
Code, upon the conviction or plea of guilty of the defendant, the	164
court shall notify in writing the victim of the offense if an	165
adult person or a parent or guardian acting on behalf of the	166
victim who is a minor, incompetent, or ward of the right of the	167
person to apply with the assistance of an application assistant to	168
the secretary of state under sections 111.31 to 111.40 of the	169
Revised Code to have an address designated by the secretary of	170
state serve as the person's address or the address of the minor,	171
incompetent, or ward. The person may apply with the assistance of	172
an application assistant to the secretary of state pursuant to	173
those sections to have an address designated by the secretary of	174
state serve as the person's address or the address of the minor,	175
incompetent, or ward.	176

(B) In any proceeding under section 2903.213 of the Revised	177
Code, upon the issuance of a protection order, the court shall	178
notify in writing the person who filed the motion for the	179
protection order of the right of the person to apply with the	180
assistance of an application assistant to the secretary of state	181
under sections 111.31 to 111.40 of the Revised Code to have an	182
address designated by the secretary of state serve as the person's	183
address or the address of the person on whose behalf the	184
protection order was issued. The person who filed the motion for	185
the protection order may apply with the assistance of an	186
application assistant to the secretary of state pursuant to those	187
sections to have an address designated by the secretary of state	188
serve as the person's address or the address of the person on	189
whose behalf the protection order was issued.	190

(C) In any proceeding under section 2903.214 or 3113.31 of	191
the Revised Code, upon the issuance of a protection order or the	192
approval of a consent agreement, the court shall notify in writing	193
the petitioner in the proceeding of the right of the petitioner to	194
apply with the assistance of an application assistant to the	195
secretary of state under sections 111.31 to 111.40 of the Revised	196
Code to have an address designated by the secretary of state serve	197
as the petitioner's address or the address of the person on whose	198
behalf the protection order was issued or the consent agreement	199
was approved. The petitioner may apply with the assistance of an	200
application assistant to the secretary of state pursuant to those	201
sections to have an address designated by the secretary of state	202
serve as the petitioner's address or the address of the person on	203
whose behalf the protection order was issued or the consent	204
agreement was approved.	205

Sec. 111.33. (A) A program participant may request that a	206
governmental entity use the address designated by the secretary of	207
state as the program participant's address. Except as otherwise	208
provided in division (D) or (E) of this section, if the program	209
participant requests that a governmental entity use that address,	210
the governmental entity shall accept that address.	211

(B) A program participant may use the address designated by	212
the secretary of state as the program participant's address at the	213
program participant's place of employment.	214

(C)(1) The office of the secretary of state shall daily place	215
all first class mail of a program participant that the secretary	216
of state receives that day into an envelope or package and mail	217
that envelope or package to the program participant at the mailing	218
address of the program participant provided in the program	219
participant's application under section 111.32 of the Revised	220
Code.	221

(2) The secretary of state may contract with the United	222
States postal service to establish special postal rates for the	223
envelopes or packages used in mailing a program participant's	224
first class mail under this section.	225

(D) Division (A) of this section does not apply to a	226
municipal-owned public utility. The confidential addresses of	227
participants of the address confidentiality program that are	228
maintained by a municipal-owned public utility are not a public	229
record and shall not be released by a municipal-owned public	230
utility or by any employee of a municipal-owned public utility.	231

(E) Division (A) of this section does not apply to any of the	232
following:	233

(1) A county sheriff with respect to the confidential address	234
of a program participant who is a tier II sex	235
offender/child-victim offender or a tier III sex	236
offender/child-victim offender that is contained in the records	237
possessed by the sheriff under division (A) of section 2950.081 of	238
the Revised Code or division (E) of section 2950.11 of the Revised	239
Code or in a database established by the sheriff under division	240
(C) of section 2950.081 of the Revised Code;	241

(2) The attorney general with respect to the confidential	242
address of a program participant who is a tier II sex	243
offender/child-victim offender or a tier III sex	244
offender/child-victim offender that is contained in the database	245
established through the bureau of criminal identification and	246
investigation under division (A)(11) of section 2950.13 of the	247
Revised Code.	248

Sec. 111.34. (A) Except as otherwise provided in this	249
section, a program participant who is a qualified elector may vote	250
by absent voter's ballots under Chapter 3509. of the Revised Code.	251
The program participant shall apply to the secretary of state for	252
those ballots using the participant's confidential address.	253
Bipartisan teams of employees of the office of the secretary of	254
state shall determine the precinct in which the program	255
participant resides and the ballot style that the program	256
participant should receive and shall request the program	257
participant absent voter's ballot from the board of elections. The	258
board of elections shall send to the secretary of state the	259
ballots appropriate for the precinct where the participant's true	260
residence is located. The office of the secretary of state shall	261
forward the ballot to the program participant and instruct the	262
program participant to return the program participant's ballot to	263
the office of the secretary of state. Bipartisan teams of	264
employees of the office of the secretary of state shall verify	265
that the program participant is registered and eligible to vote	266
using the secretary of state's participant voter registration	267
system and that the ballot envelope was properly completed before	268
forwarding for tabulation the ballot to the board of elections in	269
the county where the program participant voter resides. The absent	270
voter's ballots provided to program participants shall be referred	271
to as "ACP absent voter's ballots." The board of elections shall	272
accept all ballots forwarded by the secretary of state that are	273
postmarked prior to election day for up to ten days after election	274
day.	275

(B) Each employee of the office of the secretary of state who	276
serves on a bipartisan team that handles program participants'	277
absent voter's ballots shall subscribe to an oath that the	278
employee will faithfully execute the employee's duties to the best	279
of the employee's ability.	280

(C) Except as otherwise provided in sections 111.35 and	281
111.36 of the Revised Code and notwithstanding any provision of	282
sections 3503.15 and 3503.26 or any other section of the Revised	283
Code to the contrary, the secretary of state shall not disclose or	284
make a program participant's voter registration record available	285
for public inspection or copying. A program participant's voter	286
registration record will be subject to a mandatory audit every	287
four years by the auditor of state. The results of that audit are	288
not a public record and shall be kept only by the auditor of state	289
and the secretary of state.	290

(D) "Bipartisan teams" means two designated employees of the	291
office of the secretary of state who are from different political	292
parties.	293

Sec. 111.35. (A) A person may petition the court of common	294
pleas of Franklin county for a hearing to order the secretary of	295
state to make a program participant's confidential address	296
available to the person.	297

(B) Upon the filing of a petition under this section, the	298
court shall fix a date for a hearing on it and require the clerk	299
of the court of common pleas of Franklin county to serve a notice	300
of the date, time, place, and purpose of the hearing upon the	301
petitioner and the program participant. The clerk shall notify by	302
electronic means the secretary of state on behalf of the program	303
participant and shall send the notice by certified mail, return	304
receipt requested, to the participant.	305

(C) Upon receipt of a notice under division (B) of this	306
section by the secretary of state, the secretary of state shall	307
forward by certified mail, return receipt requested, a copy of the	308
individual notice to the program participant at the program	309
participant's confidential address. The return receipt shall be	310
addressed to the clerk of the applicable court of common pleas.	311
The court shall not hear the petition until the clerk receives the	312
return receipt containing proof of service of the notice upon the	313
program participant.	314

(D) At a hearing under this section, the program participant	315
or the program participant's attorney may appear and be heard.	316
After the hearing and considering the testimony, the court shall	317
issue the requested order only if good cause is shown for the	318
order and it appears to the court by clear and convincing evidence	319
that the disclosure of the program participant's confidential	320
address will not increase the risk that the program participant	321
will be threatened or harmed by another person.	322

Sec. 111.36. (A) Notwithstanding any provision of sections	323
3503.15 and 3503.26 or any other section of the Revised Code to	324
the contrary, the secretary of state shall not disclose or make a	325
program participant's confidential address available for	326
inspection or copying, except under the following circumstances:	327

(1)(a) The secretary of state shall disclose a program	328
participant's confidential address to a law enforcement officer,	329
prosecuting attorney, city director of law, or similar chief legal	330
officer, or their designees, acting pursuant to a search warrant,	331
subpoena, or court order.	332

(b) A law enforcement officer may obtain the confidential	333
address of a program participant from an electronic database	334
maintained by the secretary of state under section 111.40 of the	335
Revised Code and accessed through existing electronic databases	336
that are regularly used by law enforcement officers if none of the	337
following applies to the law enforcement officer:	338

(i) The officer is the offender of a violation as described	339
in division (A)(1)(a) of section 111.32 of the Revised Code.	340

(ii) The officer is the person against whom a protection	341
order is issued or a consent agreement is approved as described in	342
division (A)(1)(b) of section 111.32 of the Revised Code.	343

(iii) The officer is the person an applicant reasonably fears	344
as causing the danger of being threatened or physically harmed as	345
described in division (A)(1)(c) of section 111.32 of the Revised	346
Code.	347

(2) If a court orders that a program participant's	348
confidential address be made available to a person under section	349
111.35 of the Revised Code, the secretary of state shall make it	350
available to the person named in the court order.	351

(3) If the secretary of state has canceled a program	352
participant's certification under section 111.37 of the Revised	353
Code, the secretary of state may make the address available for	354
inspection or copying under section 3503.26 of the Revised Code.	355

(B)(1) No person who obtains the confidential address of a	356
program participant from the office of the secretary of state	357
shall, with knowledge that the confidential address is protected	358
in the address confidentiality program established under sections	359
111.31 to 111.40 of the Revised Code, knowingly disclose the	360
confidential address to any person not authorized to receive that	361
confidential address.	362

(2) Division (B)(1) of this section does not apply to either	363
of the following:	364

(a) Any disclosure of the confidential address of a program	365
participant to a law enforcement officer acting within the scope	366
of the officer's duties in the investigation or prosecution of a	367
criminal offense;	368

(b) Any disclosure of the confidential address of a program	369
participant in any grand jury proceeding, any judicial proceeding,	370
or any filing, notice, discovery, motion, or other process	371
incident to a judicial proceeding.	372

(3) Whoever violates division (B)(1) of this section is	373
guilty of a felony of the fifth degree.	374

Sec. 111.37. (A) The secretary of state shall immediately	375
cancel the certification of a program participant under either of	376
the following circumstances:	377

(1) The program participant's application contained one or	378
more false statements.	379

(2) The program participant requests to cease being a program	380
participant.	381

(B) The secretary of state may cancel the certification of a	382
program participant if the program participant's address changes	383
from any address listed on the application made under section	384
111.32 of the Revised Code, unless the program participant or the	385
person who applied for the program on behalf of the program	386
participant provides the secretary of state with written notice of	387
the change of address within five days after the change of address	388
occurs.	389

Sec. 111.38. (A) The secretary of state may designate one or	390
more employees or volunteers of various shelters for victims of	391
domestic violence or other agencies within a county that serve	392
victims of abuse to serve as application assistants for the	393
applicants.	394

(B) Application assistants shall comply with the requirements	395
for training and certification adopted by the secretary of state	396
under section 111.40 of the Revised Code.	397

Sec. 111.39. (A) Notwithstanding any provision of Chapter	398
2743. or any other section of the Revised Code to the contrary,	399
the state and the office of the secretary of state are not liable	400
in damages for injury, death, or loss to person or property that	401
allegedly arises from the performance of the secretary of state's	402
duties under sections 111.31 to 111.40 of the Revised Code.	403
Section 9.86 of the Revised Code applies to all officers and	404
employees of the office of the secretary of state in relation to	405
that performance.	406

(B) Any assistance or counseling rendered to program	407
applicants or program participants by the office of the secretary	408
of state or by certified application assistants is not legal	409
advice.	410

Sec. 111.40. (A) The secretary of state shall adopt rules	411
under Chapter 119. of the Revised Code to facilitate the	412
administration of sections 111.31 to 111.40 of the Revised Code.	413

(B) The secretary of state also shall adopt rules under	414
Chapter 119. of the Revised Code to establish the following:	415

(1) Guidelines for maintaining the confidentiality of the	416
voter registration records of program participants;	417

(2) Requirements for the training and certification of	418
application assistants;	419

(3) The application for certification as a program	420
participant;	421

(4) The procedure for renewal of certification as a program	422
participant.	423

(C) The secretary of state shall prescribe forms necessary	424
for the administration of the address confidentiality program,	425
including, but not limited to, an address confidentiality program	426
identification card. Application assistants and other persons	427
involved in registering participants in the address	428
confidentiality program shall use the forms prescribed by the	429
secretary of state.	430

(D)(1) The secretary of state shall maintain an electronic	431
database that contains the names and confidential addresses of	432
participants in the address confidentiality program and any other	433
information that the secretary of state considers appropriate	434
regarding the participants. Except as otherwise provided in this	435
division, the database is not a public record open for inspection	436
under section 149.43 of the Revised Code. Subject to division	437
(A)(1)(b) of section 111.36 of the Revised Code, any law	438
enforcement officer may access the database to obtain the	439
confidential address of a program participant.	440

(2) The secretary of state and the attorney general shall	441
enter into a memorandum of understanding to make any data	442
pertaining to participants in the address confidentiality program	443
available in a secure manner to law enforcement officers while	444
maintaining a high level of safety for program participants.	445

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

446

(1) "Public record" means records kept by any public office,	447
including, but not limited to, state, county, city, village,	448
township, and school district units, and records pertaining to the	449
delivery of educational services by an alternative school in this	450
state kept by the nonprofit or for-profit entity operating the	451
alternative school pursuant to section 3313.533 of the Revised	452
Code. "Public record" does not mean any of the following:	453

(a) Medical records;

454

(b) Records pertaining to probation and parole proceedings or	455
to proceedings related to the imposition of community control	456
sanctions and post-release control sanctions;	457

(c) Records pertaining to actions under section 2151.85 and	458
division (C) of section 2919.121 of the Revised Code and to	459
appeals of actions arising under those sections;	460

(d) Records pertaining to adoption proceedings, including the	461
contents of an adoption file maintained by the department of	462
health under section 3705.12 of the Revised Code;	463

(e) Information in a record contained in the putative father	464
registry established by section 3107.062 of the Revised Code,	465
regardless of whether the information is held by the department of	466
job and family services or, pursuant to section 3111.69 of the	467
Revised Code, the office of child support in the department or a	468
child support enforcement agency;	469

(f) Records listed in division (A) of section 3107.42 of the	470
Revised Code or specified in division (A) of section 3107.52 of	471
the Revised Code;	472

(g) Trial preparation records;

473

(h) Confidential law enforcement investigatory records;

474

(i) Records containing information that is confidential under	475
section 2710.03 or 4112.05 of the Revised Code;	476

(j) DNA records stored in the DNA database pursuant to	477
section 109.573 of the Revised Code;	478

(k) Inmate records released by the department of	479
rehabilitation and correction to the department of youth services	480
or a court of record pursuant to division (E) of section 5120.21	481
of the Revised Code;	482

(l) Records maintained by the department of youth services	483
pertaining to children in its custody released by the department	484
of youth services to the department of rehabilitation and	485
correction pursuant to section 5139.05 of the Revised Code;	486

(m) Intellectual property records;

487

(n) Donor profile records;

488

(o) Records maintained by the department of job and family	489
services pursuant to section 3121.894 of the Revised Code;	490

(p) Peace officer, parole officer, prosecuting attorney,	491
assistant prosecuting attorney, correctional employee, youth	492
services employee, firefighter, EMT, or investigator of the bureau	493
of criminal identification and investigation, or federal law	494
enforcement officer residential and familial information;	495

(q) In the case of a county hospital operated pursuant to	496
Chapter 339. of the Revised Code or a municipal hospital operated	497
pursuant to Chapter 749. of the Revised Code, information that	498
constitutes a trade secret, as defined in section 1333.61 of the	499
Revised Code;	500

(r) Information pertaining to the recreational activities of	501
a person under the age of eighteen;	502

(s) Records provided to, statements made by review board	503
members during meetings of, and all work products of a child	504
fatality review board acting under sections 307.621 to 307.629 of	505
the Revised Code, and child fatality review data submitted by the	506
child fatality review board to the department of health or a	507
national child death review database, other than the report	508
prepared pursuant to division (A) of section 307.626 of the	509
Revised Code;	510

(t) Records provided to and statements made by the executive	511
director of a public children services agency or a prosecuting	512
attorney acting pursuant to section 5153.171 of the Revised Code	513
other than the information released under that section;	514

(u) Test materials, examinations, or evaluation tools used in	515
an examination for licensure as a nursing home administrator that	516
the board of examiners of nursing home administrators administers	517
under section 4751.04 of the Revised Code or contracts under that	518
section with a private or government entity to administer;	519

(v) Records the release of which is prohibited by state or	520
federal law;	521

(w) Proprietary information of or relating to any person that	522
is submitted to or compiled by the Ohio venture capital authority	523
created under section 150.01 of the Revised Code;	524

(x) Information reported and evaluations conducted pursuant	525
to section 3701.072 of the Revised Code;	526

(y) Financial statements and data any person submits for any	527
purpose to the Ohio housing finance agency or the controlling	528
board in connection with applying for, receiving, or accounting	529
for financial assistance from the agency, and information that	530
identifies any individual who benefits directly or indirectly from	531
financial assistance from the agency;	532

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

533

(aa) Discharges recorded with a county recorder under section	534
317.24 of the Revised Code, as specified in division (B)(2) of	535
that section;	536

(bb) Subject to any provision in sections 111.31 to 111.40 of	537
the Revised Code, the confidential address of a participant of the	538
address confidentiality program, and all of the records pertaining	539
to the address confidentiality program, established under those	540
sections.	541

(2) "Confidential law enforcement investigatory record" means	542
any record that pertains to a law enforcement matter of a	543
criminal, quasi-criminal, civil, or administrative nature, but	544
only to the extent that the release of the record would create a	545
high probability of disclosure of any of the following:	546

(a) The identity of a suspect who has not been charged with	547
the offense to which the record pertains, or of an information	548
source or witness to whom confidentiality has been reasonably	549
promised;	550

(b) Information provided by an information source or witness	551
to whom confidentiality has been reasonably promised, which	552
information would reasonably tend to disclose the source's or	553
witness's identity;	554

(c) Specific confidential investigatory techniques or	555
procedures or specific investigatory work product;	556

(d) Information that would endanger the life or physical	557
safety of law enforcement personnel, a crime victim, a witness, or	558
a confidential information source.	559

(3) "Medical record" means any document or combination of	560
documents, except births, deaths, and the fact of admission to or	561
discharge from a hospital, that pertains to the medical history,	562
diagnosis, prognosis, or medical condition of a patient and that	563
is generated and maintained in the process of medical treatment.	564

(4) "Trial preparation record" means any record that contains	565
information that is specifically compiled in reasonable	566
anticipation of, or in defense of, a civil or criminal action or	567
proceeding, including the independent thought processes and	568
personal trial preparation of an attorney.	569

(5) "Intellectual property record" means a record, other than	570
a financial or administrative record, that is produced or	571
collected by or for faculty or staff of a state institution of	572
higher learning in the conduct of or as a result of study or	573
research on an educational, commercial, scientific, artistic,	574
technical, or scholarly issue, regardless of whether the study or	575
research was sponsored by the institution alone or in conjunction	576
with a governmental body or private concern, and that has not been	577
publicly released, published, or patented.	578

(6) "Donor profile record" means all records about donors or	579
potential donors to a public institution of higher education	580
except the names and reported addresses of the actual donors and	581
the date, amount, and conditions of the actual donation.	582

(7) "Peace officer, parole officer, prosecuting attorney,	583
assistant prosecuting attorney, correctional employee, youth	584
services employee, firefighter, EMT, or investigator of the bureau	585
of criminal identification and investigation, or federal law	586
enforcement officer residential and familial information" means	587
any information that discloses any of the following about a peace	588
officer, parole officer, prosecuting attorney, assistant	589
prosecuting attorney, correctional employee, youth services	590
employee, firefighter, EMT, or investigator of the bureau of	591
criminal identification and investigation, or federal law	592
enforcement officer:	593

(a) The address of the actual personal residence of a peace	594
officer, parole officer, assistant prosecuting attorney,	595
correctional employee, youth services employee, firefighter, EMT,	596
~~or an~~ investigator of the bureau of criminal identification and	597
investigation, or federal law enforcement officer, except for the	598
state or political subdivision in which the peace officer, parole	599
officer, assistant prosecuting attorney, correctional employee,	600
youth services employee, firefighter, EMT, or investigator of the	601
bureau of criminal identification and investigation, or federal	602
law enforcement officer resides;	603

(b) Information compiled from referral to or participation in	604
an employee assistance program;	605

(c) The social security number, the residential telephone	606
number, any bank account, debit card, charge card, or credit card	607
number, or the emergency telephone number of, or any medical	608
information pertaining to, a peace officer, parole officer,	609
prosecuting attorney, assistant prosecuting attorney, correctional	610
employee, youth services employee, firefighter, EMT, or	611
investigator of the bureau of criminal identification and	612
investigation, or federal law enforcement officer;	613

(d) The name of any beneficiary of employment benefits,	614
including, but not limited to, life insurance benefits, provided	615
to a peace officer, parole officer, prosecuting attorney,	616
assistant prosecuting attorney, correctional employee, youth	617
services employee, firefighter, EMT, or investigator of the bureau	618
of criminal identification and investigation, or federal law	619
enforcement officer by the peace officer's, parole officer's,	620
prosecuting attorney's, assistant prosecuting attorney's,	621
correctional employee's, youth services employee's, firefighter's,	622
EMT's, or investigator of the bureau of criminal identification	623
and investigation's, or federal law enforcement officer's	624
employer;	625

(e) The identity and amount of any charitable or employment	626
benefit deduction made by the peace officer's, parole officer's,	627
prosecuting attorney's, assistant prosecuting attorney's,	628
correctional employee's, youth services employee's, firefighter's,	629
EMT's, or investigator of the bureau of criminal identification	630
and investigation's, or federal law enforcement officer's employer	631
from the peace officer's, parole officer's, prosecuting	632
attorney's, assistant prosecuting attorney's, correctional	633
employee's, youth services employee's, firefighter's, EMT's, or	634
investigator of the bureau of criminal identification and	635
investigation's, or federal law enforcement officer's compensation	636
unless the amount of the deduction is required by state or federal	637
law;	638

(f) The name, the residential address, the name of the	639
employer, the address of the employer, the social security number,	640
the residential telephone number, any bank account, debit card,	641
charge card, or credit card number, or the emergency telephone	642
number of the spouse, a former spouse, or any child of a peace	643
officer, parole officer, prosecuting attorney, assistant	644
prosecuting attorney, correctional employee, youth services	645
employee, firefighter, EMT, or investigator of the bureau of	646
criminal identification and investigation, or federal law	647
enforcement officer;	648

(g) A photograph of a peace officer or federal law	649
enforcement officer who holds a position or has an assignment that	650
may include undercover or plain clothes positions or assignments	651
as determined by the peace officer's or federal law enforcement	652
officer's appointing authority.	653

As used in divisions (A)(7) and (B)(9) of this section,	654
"peace officer" has the same meaning as in section 109.71 of the	655
Revised Code and also includes the superintendent and troopers of	656
the state highway patrol; it does not include the sheriff of a	657
county or a supervisory employee who, in the absence of the	658
sheriff, is authorized to stand in for, exercise the authority of,	659
and perform the duties of the sheriff.	660

As used in divisions (A)(7) and (B)(5) of this section,	661
"correctional employee" means any employee of the department of	662
rehabilitation and correction who in the course of performing the	663
employee's job duties has or has had contact with inmates and	664
persons under supervision.	665

As used in divisions (A)(7) and (B)(5) of this section,	666
"youth services employee" means any employee of the department of	667
youth services who in the course of performing the employee's job	668
duties has or has had contact with children committed to the	669
custody of the department of youth services.	670

As used in divisions (A)(7) and (B)(9) of this section,	671
"firefighter" means any regular, paid or volunteer, member of a	672
lawfully constituted fire department of a municipal corporation,	673
township, fire district, or village.	674

As used in divisions (A)(7) and (B)(9) of this section, "EMT"	675
means EMTs-basic, EMTs-I, and paramedics that provide emergency	676
medical services for a public emergency medical service	677
organization. "Emergency medical service organization,"	678
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in	679
section 4765.01 of the Revised Code.	680

As used in divisions (A)(7) and (B)(9) of this section,	681
"investigator of the bureau of criminal identification and	682
investigation" has the meaning defined in section 2903.11 of the	683
Revised Code.	684

As used in divisions (A)(7) and (B)(9) of this section,	685
"federal law enforcement officer" means any officer of the United	686
States who is authorized by federal law to conduct any	687
investigation of, and make any arrest for, any offense against the	688
United States in violation of federal law.	689

(8) "Information pertaining to the recreational activities of	690
a person under the age of eighteen" means information that is kept	691
in the ordinary course of business by a public office, that	692
pertains to the recreational activities of a person under the age	693
of eighteen years, and that discloses any of the following:	694

(a) The address or telephone number of a person under the age	695
of eighteen or the address or telephone number of that person's	696
parent, guardian, custodian, or emergency contact person;	697

(b) The social security number, birth date, or photographic	698
image of a person under the age of eighteen;	699

(c) Any medical record, history, or information pertaining to	700
a person under the age of eighteen;	701

(d) Any additional information sought or required about a	702
person under the age of eighteen for the purpose of allowing that	703
person to participate in any recreational activity conducted or	704
sponsored by a public office or to use or obtain admission	705
privileges to any recreational facility owned or operated by a	706
public office.	707

(9) "Community control sanction" has the same meaning as in	708
section 2929.01 of the Revised Code.	709

(10) "Post-release control sanction" has the same meaning as	710
in section 2967.01 of the Revised Code.	711

(11) "Redaction" means obscuring or deleting any information	712
that is exempt from the duty to permit public inspection or	713
copying from an item that otherwise meets the definition of a	714
"record" in section 149.011 of the Revised Code.	715

(12) "Designee" and "elected official" have the same meanings	716
as in section 109.43 of the Revised Code.	717

(B)(1) Upon request and subject to division (B)(8) of this	718
section, all public records responsive to the request shall be	719
promptly prepared and made available for inspection to any person	720
at all reasonable times during regular business hours. Subject to	721
division (B)(8) of this section, upon request, a public office or	722
person responsible for public records shall make copies of the	723
requested public record available at cost and within a reasonable	724
period of time. If a public record contains information that is	725
exempt from the duty to permit public inspection or to copy the	726
public record, the public office or the person responsible for the	727
public record shall make available all of the information within	728
the public record that is not exempt. When making that public	729
record available for public inspection or copying that public	730
record, the public office or the person responsible for the public	731
record shall notify the requester of any redaction or make the	732
redaction plainly visible. A redaction shall be deemed a denial of	733
a request to inspect or copy the redacted information, except if	734
federal or state law authorizes or requires a public office to	735
make the redaction.	736

(2) To facilitate broader access to public records, a public	737
office or the person responsible for public records shall organize	738
and maintain public records in a manner that they can be made	739
available for inspection or copying in accordance with division	740
(B) of this section. A public office also shall have available a	741
copy of its current records retention schedule at a location	742
readily available to the public. If a requester makes an ambiguous	743
or overly broad request or has difficulty in making a request for	744
copies or inspection of public records under this section such	745
that the public office or the person responsible for the requested	746
public record cannot reasonably identify what public records are	747
being requested, the public office or the person responsible for	748
the requested public record may deny the request but shall provide	749
the requester with an opportunity to revise the request by	750
informing the requester of the manner in which records are	751
maintained by the public office and accessed in the ordinary	752
course of the public office's or person's duties.	753

(3) If a request is ultimately denied, in part or in whole,	754
the public office or the person responsible for the requested	755
public record shall provide the requester with an explanation,	756
including legal authority, setting forth why the request was	757
denied. If the initial request was provided in writing, the	758
explanation also shall be provided to the requester in writing.	759
The explanation shall not preclude the public office or the person	760
responsible for the requested public record from relying upon	761
additional reasons or legal authority in defending an action	762
commenced under division (C) of this section.	763

(4) Unless specifically required or authorized by state or	764
federal law or in accordance with division (B) of this section, no	765
public office or person responsible for public records may limit	766
or condition the availability of public records by requiring	767
disclosure of the requester's identity or the intended use of the	768
requested public record. Any requirement that the requester	769
disclose the requestor's identity or the intended use of the	770
requested public record constitutes a denial of the request.	771

(5) A public office or person responsible for public records	772
may ask a requester to make the request in writing, may ask for	773
the requester's identity, and may inquire about the intended use	774
of the information requested, but may do so only after disclosing	775
to the requester that a written request is not mandatory and that	776
the requester may decline to reveal the requester's identity or	777
the intended use and when a written request or disclosure of the	778
identity or intended use would benefit the requester by enhancing	779
the ability of the public office or person responsible for public	780
records to identify, locate, or deliver the public records sought	781
by the requester.	782

(6) If any person chooses to obtain a copy of a public record	783
in accordance with division (B) of this section, the public office	784
or person responsible for the public record may require that	785
person to pay in advance the cost involved in providing the copy	786
of the public record in accordance with the choice made by the	787
person seeking the copy under this division. The public office or	788
the person responsible for the public record shall permit that	789
person to choose to have the public record duplicated upon paper,	790
upon the same medium upon which the public office or person	791
responsible for the public record keeps it, or upon any other	792
medium upon which the public office or person responsible for the	793
public record determines that it reasonably can be duplicated as	794
an integral part of the normal operations of the public office or	795
person responsible for the public record. When the person seeking	796
the copy makes a choice under this division, the public office or	797
person responsible for the public record shall provide a copy of	798
it in accordance with the choice made by the person seeking the	799
copy. Nothing in this section requires a public office or person	800
responsible for the public record to allow the person seeking a	801
copy of the public record to make the copies of the public record.	802

(7) Upon a request made in accordance with division (B) of	803
this section and subject to division (B)(6) of this section, a	804
public office or person responsible for public records shall	805
transmit a copy of a public record to any person by United States	806
mail or by any other means of delivery or transmission within a	807
reasonable period of time after receiving the request for the	808
copy. The public office or person responsible for the public	809
record may require the person making the request to pay in advance	810
the cost of postage if the copy is transmitted by United States	811
mail or the cost of delivery if the copy is transmitted other than	812
by United States mail, and to pay in advance the costs incurred	813
for other supplies used in the mailing, delivery, or transmission.	814

Any public office may adopt a policy and procedures that it	815
will follow in transmitting, within a reasonable period of time	816
after receiving a request, copies of public records by United	817
States mail or by any other means of delivery or transmission	818
pursuant to this division. A public office that adopts a policy	819
and procedures under this division shall comply with them in	820
performing its duties under this division.	821

In any policy and procedures adopted under this division, a	822
public office may limit the number of records requested by a	823
person that the office will transmit by United States mail to ten	824
per month, unless the person certifies to the office in writing	825
that the person does not intend to use or forward the requested	826
records, or the information contained in them, for commercial	827
purposes. For purposes of this division, "commercial" shall be	828
narrowly construed and does not include reporting or gathering	829
news, reporting or gathering information to assist citizen	830
oversight or understanding of the operation or activities of	831
government, or nonprofit educational research.	832

(8) A public office or person responsible for public records	833
is not required to permit a person who is incarcerated pursuant to	834
a criminal conviction or a juvenile adjudication to inspect or to	835
obtain a copy of any public record concerning a criminal	836
investigation or prosecution or concerning what would be a	837
criminal investigation or prosecution if the subject of the	838
investigation or prosecution were an adult, unless the request to	839
inspect or to obtain a copy of the record is for the purpose of	840
acquiring information that is subject to release as a public	841
record under this section and the judge who imposed the sentence	842
or made the adjudication with respect to the person, or the	843
judge's successor in office, finds that the information sought in	844
the public record is necessary to support what appears to be a	845
justiciable claim of the person.	846

(9) Upon written request made and signed by a journalist on	847
or after December 16, 1999, a public office, or person responsible	848
for public records, having custody of the records of the agency	849
employing a specified peace officer, parole officer, prosecuting	850
attorney, assistant prosecuting attorney, correctional employee,	851
youth services employee, firefighter, EMT, or investigator of the	852
bureau of criminal identification and investigation, or federal	853
law enforcement officer shall disclose to the journalist the	854
address of the actual personal residence of the peace officer,	855
parole officer, prosecuting attorney, assistant prosecuting	856
attorney, correctional employee, youth services employee,	857
firefighter, EMT, or investigator of the bureau of criminal	858
identification and investigation, or federal law enforcement	859
officer and, if the peace officer's, parole officer's, prosecuting	860
attorney's, assistant prosecuting attorney's, correctional	861
employee's, youth services employee's, firefighter's, EMT's, or	862
investigator of the bureau of criminal identification and	863
investigation's, or federal law enforcement officer's spouse,	864
former spouse, or child is employed by a public office, the name	865
and address of the employer of the peace officer's, parole	866
officer's, prosecuting attorney's, assistant prosecuting	867
attorney's, correctional employee's, youth services employee's,	868
firefighter's, EMT's, or investigator of the bureau of criminal	869
identification and investigation's, or federal law enforcement	870
officer's spouse, former spouse, or child. The request shall	871
include the journalist's name and title and the name and address	872
of the journalist's employer and shall state that disclosure of	873
the information sought would be in the public interest.	874

As used in this division, "journalist" means a person engaged	875
in, connected with, or employed by any news medium, including a	876
newspaper, magazine, press association, news agency, or wire	877
service, a radio or television station, or a similar medium, for	878
the purpose of gathering, processing, transmitting, compiling,	879
editing, or disseminating information for the general public.	880

(C)(1) If a person allegedly is aggrieved by the failure of a	881
public office or the person responsible for public records to	882
promptly prepare a public record and to make it available to the	883
person for inspection in accordance with division (B) of this	884
section or by any other failure of a public office or the person	885
responsible for public records to comply with an obligation in	886
accordance with division (B) of this section, the person allegedly	887
aggrieved may commence a mandamus action to obtain a judgment that	888
orders the public office or the person responsible for the public	889
record to comply with division (B) of this section, that awards	890
court costs and reasonable attorney's fees to the person that	891
instituted the mandamus action, and, if applicable, that includes	892
an order fixing statutory damages under division (C)(1) of this	893
section. The mandamus action may be commenced in the court of	894
common pleas of the county in which division (B) of this section	895
allegedly was not complied with, in the supreme court pursuant to	896
its original jurisdiction under Section 2 of Article IV, Ohio	897
Constitution, or in the court of appeals for the appellate	898
district in which division (B) of this section allegedly was not	899
complied with pursuant to its original jurisdiction under Section	900
3 of Article IV, Ohio Constitution.	901

If a requestor transmits a written request by hand delivery	902
or certified mail to inspect or receive copies of any public	903
record in a manner that fairly describes the public record or	904
class of public records to the public office or person responsible	905
for the requested public records, except as otherwise provided in	906
this section, the requestor shall be entitled to recover the	907
amount of statutory damages set forth in this division if a court	908
determines that the public office or the person responsible for	909
public records failed to comply with an obligation in accordance	910
with division (B) of this section.	911

The amount of statutory damages shall be fixed at one hundred	912
dollars for each business day during which the public office or	913
person responsible for the requested public records failed to	914
comply with an obligation in accordance with division (B) of this	915
section, beginning with the day on which the requester files a	916
mandamus action to recover statutory damages, up to a maximum of	917
one thousand dollars. The award of statutory damages shall not be	918
construed as a penalty, but as compensation for injury arising	919
from lost use of the requested information. The existence of this	920
injury shall be conclusively presumed. The award of statutory	921
damages shall be in addition to all other remedies authorized by	922
this section.	923

The court may reduce an award of statutory damages or not	924
award statutory damages if the court determines both of the	925
following:	926

(a) That, based on the ordinary application of statutory law	927
and case law as it existed at the time of the conduct or	928
threatened conduct of the public office or person responsible for	929
the requested public records that allegedly constitutes a failure	930
to comply with an obligation in accordance with division (B) of	931
this section and that was the basis of the mandamus action, a	932
well-informed public office or person responsible for the	933
requested public records reasonably would believe that the conduct	934
or threatened conduct of the public office or person responsible	935
for the requested public records did not constitute a failure to	936
comply with an obligation in accordance with division (B) of this	937
section;	938

(b) That a well-informed public office or person responsible	939
for the requested public records reasonably would believe that the	940
conduct or threatened conduct of the public office or person	941
responsible for the requested public records would serve the	942
public policy that underlies the authority that is asserted as	943
permitting that conduct or threatened conduct.	944

(2)(a) If the court issues a writ of mandamus that orders the	945
public office or the person responsible for the public record to	946
comply with division (B) of this section and determines that the	947
circumstances described in division (C)(1) of this section exist,	948
the court shall determine and award to the relator all court	949
costs.	950

(b) If the court renders a judgment that orders the public	951
office or the person responsible for the public record to comply	952
with division (B) of this section, the court may award reasonable	953
attorney's fees subject to reduction as described in division	954
(C)(2)(c) of this section. The court shall award reasonable	955
attorney's fees, subject to reduction as described in division	956
(C)(2)(c) of this section when either of the following applies:	957

(i) The public office or the person responsible for the	958
public records failed to respond affirmatively or negatively to	959
the public records request in accordance with the time allowed	960
under division (B) of this section.	961

(ii) The public office or the person responsible for the	962
public records promised to permit the relator to inspect or	963
receive copies of the public records requested within a specified	964
period of time but failed to fulfill that promise within that	965
specified period of time.	966

(c) Court costs and reasonable attorney's fees awarded under	967
this section shall be construed as remedial and not punitive.	968
Reasonable attorney's fees shall include reasonable fees incurred	969
to produce proof of the reasonableness and amount of the fees and	970
to otherwise litigate entitlement to the fees. The court may	971
reduce an award of attorney's fees to the relator or not award	972
attorney's fees to the relator if the court determines both of the	973
following:	974

(i) That, based on the ordinary application of statutory law	975
and case law as it existed at the time of the conduct or	976
threatened conduct of the public office or person responsible for	977
the requested public records that allegedly constitutes a failure	978
to comply with an obligation in accordance with division (B) of	979
this section and that was the basis of the mandamus action, a	980
well-informed public office or person responsible for the	981
requested public records reasonably would believe that the conduct	982
or threatened conduct of the public office or person responsible	983
for the requested public records did not constitute a failure to	984
comply with an obligation in accordance with division (B) of this	985
section;	986

(ii) That a well-informed public office or person responsible	987
for the requested public records reasonably would believe that the	988
conduct or threatened conduct of the public office or person	989
responsible for the requested public records as described in	990
division (C)(2)(c)(i) of this section would serve the public	991
policy that underlies the authority that is asserted as permitting	992
that conduct or threatened conduct.	993

(D) Chapter 1347. of the Revised Code does not limit the	994
provisions of this section.	995

(E)(1) To ensure that all employees of public offices are	996
appropriately educated about a public office's obligations under	997
division (B) of this section, all elected officials or their	998
appropriate designees shall attend training approved by the	999
attorney general as provided in section 109.43 of the Revised	1000
Code. In addition, all public offices shall adopt a public records	1001
policy in compliance with this section for responding to public	1002
records requests. In adopting a public records policy under this	1003
division, a public office may obtain guidance from the model	1004
public records policy developed and provided to the public office	1005
by the attorney general under section 109.43 of the Revised Code.	1006
Except as otherwise provided in this section, the policy may not	1007
limit the number of public records that the public office will	1008
make available to a single person, may not limit the number of	1009
public records that it will make available during a fixed period	1010
of time, and may not establish a fixed period of time before it	1011
will respond to a request for inspection or copying of public	1012
records, unless that period is less than eight hours.	1013

(2) The public office shall distribute the public records	1014
policy adopted by the public office under division (E)(1) of this	1015
section to the employee of the public office who is the records	1016
custodian or records manager or otherwise has custody of the	1017
records of that office. The public office shall require that	1018
employee to acknowledge receipt of the copy of the public records	1019
policy. The public office shall create a poster that describes its	1020
public records policy and shall post the poster in a conspicuous	1021
place in the public office and in all locations where the public	1022
office has branch offices. The public office may post its public	1023
records policy on the internet web site of the public office if	1024
the public office maintains an internet web site. A public office	1025
that has established a manual or handbook of its general policies	1026
and procedures for all employees of the public office shall	1027
include the public records policy of the public office in the	1028
manual or handbook.	1029

(F)(1) The bureau of motor vehicles may adopt rules pursuant	1030
to Chapter 119. of the Revised Code to reasonably limit the number	1031
of bulk commercial special extraction requests made by a person	1032
for the same records or for updated records during a calendar	1033
year. The rules may include provisions for charges to be made for	1034
bulk commercial special extraction requests for the actual cost of	1035
the bureau, plus special extraction costs, plus ten per cent. The	1036
bureau may charge for expenses for redacting information, the	1037
release of which is prohibited by law.	1038

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

1039

(a) "Actual cost" means the cost of depleted supplies,	1040
records storage media costs, actual mailing and alternative	1041
delivery costs, or other transmitting costs, and any direct	1042
equipment operating and maintenance costs, including actual costs	1043
paid to private contractors for copying services.	1044

(b) "Bulk commercial special extraction request" means a	1045
request for copies of a record for information in a format other	1046
than the format already available, or information that cannot be	1047
extracted without examination of all items in a records series,	1048
class of records, or data base by a person who intends to use or	1049
forward the copies for surveys, marketing, solicitation, or resale	1050
for commercial purposes. "Bulk commercial special extraction	1051
request" does not include a request by a person who gives	1052
assurance to the bureau that the person making the request does	1053
not intend to use or forward the requested copies for surveys,	1054
marketing, solicitation, or resale for commercial purposes.	1055

(c) "Commercial" means profit-seeking production, buying, or	1056
selling of any good, service, or other product.	1057

(d) "Special extraction costs" means the cost of the time	1058
spent by the lowest paid employee competent to perform the task,	1059
the actual amount paid to outside private contractors employed by	1060
the bureau, or the actual cost incurred to create computer	1061
programs to make the special extraction. "Special extraction	1062
costs" include any charges paid to a public agency for computer or	1063
records services.	1064

(3) For purposes of divisions (F)(1) and (2) of this section,	1065
"surveys, marketing, solicitation, or resale for commercial	1066
purposes" shall be narrowly construed and does not include	1067
reporting or gathering news, reporting or gathering information to	1068
assist citizen oversight or understanding of the operation or	1069
activities of government, or nonprofit educational research.	1070

Sec. 149.45. (A) As used in this section:

1071

(1) "Personal information" means any of the following:

1072

(a) An individual's social security number;

1073

(b) An individual's federal tax identification number;

1074

(c) An individual's driver's license number or state	1075
identification number;	1076

(d) An individual's checking account number, savings account	1077
number, or credit card number.	1078

(2) "Public record" and "peace officer, parole officer,	1079
prosecuting attorney, assistant prosecuting attorney, correctional	1080
employee, youth services employee, firefighter, EMT, or	1081
investigator of the bureau of criminal identification and	1082
investigation, or federal law enforcement officer residential and	1083
familial information" have the same meanings as in section 149.43	1084
of the Revised Code.	1085

(3) "Truncate" means to redact all but the last four digits	1086
of an individual's social security number.	1087

(4) "Federal law enforcement officer" means any officer of	1088
the United States who is authorized by federal law to conduct any	1089
investigation of, and make any arrest for, any offense against the	1090
United States in violation of federal law.	1091

(B)(1) No public office or person responsible for a public	1092
office's public records shall make available to the general public	1093
on the internet any document that contains an individual's social	1094
security number without otherwise redacting, encrypting, or	1095
truncating the social security number.	1096

(2) A public office or person responsible for a public	1097
office's public records that prior to the effective date of this	1098
section made available to the general public on the internet any	1099
document that contains an individual's social security number	1100
shall redact, encrypt, or truncate the social security number from	1101
that document.	1102

(3) Divisions (B)(1) and (2) of this section do not apply to	1103
documents that are only accessible through the internet with a	1104
password.	1105

(C)(1) An individual may request that a public office or a	1106
person responsible for a public office's public records redact	1107
personal information of that individual from any record made	1108
available to the general public on the internet. An individual who	1109
makes a request for redaction pursuant to this division shall make	1110
the request in writing on a form developed by the attorney general	1111
and shall specify the personal information to be redacted and	1112
provide any information that identifies the location of that	1113
personal information within a document that contains that personal	1114
information.	1115

(2) Upon receiving a request for a redaction pursuant to	1116
division (C)(1) of this section, a public office or a person	1117
responsible for a public office's public records shall act within	1118
five business days in accordance with the request to redact the	1119
personal information of the individual from any record made	1120
available to the general public on the internet, if practicable.	1121
If a redaction is not practicable, the public office or person	1122
responsible for the public office's public records shall verbally	1123
or in writing within five business days after receiving the	1124
written request explain to the individual why the redaction is	1125
impracticable.	1126

(3) The attorney general shall develop a form to be used by	1127
an individual to request a redaction pursuant to division (C)(1)	1128
of this section. The form shall include a place to provide any	1129
information that identifies the location of the personal	1130
information to be redacted.	1131

(D)(1) A peace officer, parole officer, prosecuting attorney,	1132
assistant prosecuting attorney, correctional employee, youth	1133
services employee, firefighter, EMT, or investigator of the bureau	1134
of criminal identification and investigation, or federal law	1135
enforcement officer may request that a public office other than a	1136
county auditor or a person responsible for the public records of a	1137
public office other than a county auditor redact the address of	1138
the person making the request from any record made available to	1139
the general public on the internet that includes peace officer,	1140
parole officer, prosecuting attorney, assistant prosecuting	1141
attorney, correctional employee, youth services employee,	1142
firefighter, EMT, or investigator of the bureau of criminal	1143
identification and investigation, or federal law enforcement	1144
officer residential and familial information of the person making	1145
the request. A person who makes a request for a redaction pursuant	1146
to this division shall make the request in writing and on a form	1147
developed by the attorney general.	1148

(2) Upon receiving a written request for a redaction pursuant	1149
to division (D)(1) of this section, a public office other than a	1150
county auditor or a person responsible for the public records of a	1151
public office other than a county auditor shall act within five	1152
business days in accordance with the request to redact the address	1153
of the peace officer, parole officer, prosecuting attorney,	1154
assistant prosecuting attorney, correctional employee, youth	1155
services employee, firefighter, EMT, or investigator of the bureau	1156
of criminal identification and investigation, or federal law	1157
enforcement officer making the request from any record made	1158
available to the general public on the internet that includes	1159
peace officer, parole officer, prosecuting attorney, assistant	1160
prosecuting attorney, correctional employee, youth services	1161
employee, firefighter, EMT, or investigator of the bureau of	1162
criminal identification and investigation, or federal law	1163
enforcement officer residential and familial information of the	1164
person making the request, if practicable. If a redaction is not	1165
practicable, the public office or person responsible for the	1166
public office's public records shall verbally or in writing within	1167
five business days after receiving the written request explain to	1168
the peace officer, parole officer, prosecuting attorney, assistant	1169
prosecuting attorney, correctional employee, youth services	1170
employee, firefighter, EMT, or investigator of the bureau of	1171
criminal identification and investigation, or federal law	1172
enforcement officer why the redaction is impracticable.	1173

(3) Except as provided in this section and section 319.28 of	1174
the Revised Code, a public office other than an employer of a	1175
peace officer, parole officer, prosecuting attorney, assistant	1176
prosecuting attorney, correctional employee, youth services	1177
employee, firefighter, EMT, or investigator of the bureau of	1178
criminal identification and investigation, or federal law	1179
enforcement officer or a person responsible for the public records	1180
of the employer is not required to redact the residential and	1181
familial information of the peace officer, parole officer,	1182
prosecuting attorney, assistant prosecuting attorney, correctional	1183
employee, youth services employee, firefighter, EMT, or	1184
investigator of the bureau of criminal identification and	1185
investigation, or federal law enforcement officer from other	1186
records maintained by the public office.	1187

(4) The attorney general shall develop a form to be used by a	1188
peace officer, parole officer, prosecuting attorney, assistant	1189
prosecuting attorney, correctional employee, youth services	1190
employee, firefighter, EMT, or investigator of the bureau of	1191
criminal identification and investigation, or federal law	1192
enforcement officer to request a redaction pursuant to division	1193
(D)(1) of this section. The form shall include a place to provide	1194
any information that identifies the location of the address of a	1195
peace officer, parole officer, prosecuting attorney, assistant	1196
prosecuting attorney, correctional employee, youth services	1197
employee, firefighter, EMT, or investigator of the bureau of	1198
criminal identification and investigation, or federal law	1199
enforcement officer to be redacted.	1200

(E)(1) If a public office or a person responsible for a	1201
public office's public records becomes aware that an electronic	1202
record of that public office that is made available to the general	1203
public on the internet contains an individual's social security	1204
number that was mistakenly not redacted, encrypted, or truncated	1205
as required by division (B)(1) or (2) of this section, the public	1206
office or person responsible for the public office's public	1207
records shall redact, encrypt, or truncate the individual's social	1208
security number within a reasonable period of time.	1209

(2) A public office or a person responsible for a public	1210
office's public records is not liable in damages in a civil action	1211
for any harm an individual allegedly sustains as a result of the	1212
inclusion of that individual's personal information on any record	1213
made available to the general public on the internet or any harm a	1214
peace officer, parole officer, prosecuting attorney, assistant	1215
prosecuting attorney, correctional employee, youth services	1216
employee, firefighter, EMT, or investigator of the bureau of	1217
criminal identification and investigation, or federal law	1218
enforcement officer sustains as a result of the inclusion of the	1219
address of the peace officer, parole officer, prosecuting	1220
attorney, assistant prosecuting attorney, correctional employee,	1221
youth services employee, firefighter, EMT, or investigator of the	1222
bureau of criminal identification and investigation, or federal	1223
law enforcement officer on any record made available to the	1224
general public on the internet in violation of this section unless	1225
the public office or person responsible for the public office's	1226
public records acted with malicious purpose, in bad faith, or in a	1227
wanton or reckless manner or division (A)(6)(a) or (c) of section	1228
2744.03 of the Revised Code applies.	1229

Sec. 319.28. (A) Except as otherwise provided in division	1230
(B) of this section, on or before the first Monday of August,	1231
annually, the county auditor shall compile and make up a general	1232
tax list of real and public utility property in the county, either	1233
in tabular form and alphabetical order, or, with the consent of	1234
the county treasurer, by listing all parcels in a permanent parcel	1235
number sequence to which a separate alphabetical index is keyed,	1236
containing the names of the several persons, companies, firms,	1237
partnerships, associations, and corporations in whose names real	1238
property has been listed in each township, municipal corporation,	1239
special district, or separate school district, or part of either	1240
in the auditor's county, placing separately, in appropriate	1241
columns opposite each name, the description of each tract, lot, or	1242
parcel of real estate, the value of each tract, lot, or parcel,	1243
the value of the improvements thereon, and of the names of the	1244
several public utilities whose property, subject to taxation on	1245
the general tax list and duplicate, has been apportioned by the	1246
department of taxation to the county, and the amount so	1247
apportioned to each township, municipal corporation, special	1248
district, or separate school district or part of either in the	1249
auditor's county, as shown by the certificates of apportionment of	1250
public utility property. If the name of the owner of any tract,	1251
lot, or parcel of real estate is unknown to the auditor, "unknown"	1252
shall be entered in the column of names opposite said tract, lot,	1253
or parcel. Such lists shall be prepared in duplicate. On or before	1254
the first Monday of September in each year, the auditor shall	1255
correct such lists in accordance with the additions and deductions	1256
ordered by the tax commissioner and by the county board of	1257
revision, and shall certify and on the first day of October	1258
deliver one copy thereof to the county treasurer. The copies	1259
prepared by the auditor shall constitute the auditor's general tax	1260
list and treasurer's general duplicate of real and public utility	1261
property for the current year.	1262

Once a permanent parcel numbering system has been established	1263
in any county as provided by the preceding paragraph, such system	1264
shall remain in effect until otherwise agreed upon by the county	1265
auditor and county treasurer.	1266

(B)(1) A peace officer, parole officer, prosecuting attorney,	1267
assistant prosecuting attorney, correctional employee, youth	1268
services employee, firefighter, EMT, or investigator of the bureau	1269
of criminal identification and investigation, or federal law	1270
enforcement officer may submit a written request by affidavit to	1271
the county auditor requesting the county auditor to remove the	1272
name of the peace officer, parole officer, prosecuting attorney,	1273
assistant prosecuting attorney, correctional employee, youth	1274
services employee, firefighter, EMT, or investigator of the bureau	1275
of criminal identification and investigation, or federal law	1276
enforcement officer from any record made available to the general	1277
public on the internet or a publicly accessible database and the	1278
general tax list of real and public utility property and the	1279
general duplicate of real and public utility property and insert	1280
the initials of the peace officer, parole officer, prosecuting	1281
attorney, assistant prosecuting attorney, correctional employee,	1282
youth services employee, firefighter, EMT, or investigator of the	1283
bureau of criminal identification and investigation, or federal	1284
law enforcement officer on any record made available to the	1285
general public on the internet or a publicly accessible database	1286
and the general tax list of real and public utility property and	1287
the general duplicate of real and public utility property as the	1288
name of the peace officer, parole officer, prosecuting attorney,	1289
assistant prosecuting attorney, correctional employee, youth	1290
services employee, firefighter, EMT, or investigator of the bureau	1291
of criminal identification and investigation, or federal law	1292
enforcement officer that appears on the deed.	1293

(2) Upon receiving a written request by affidavit described	1294
in division (B)(1) of this section, the county auditor shall act	1295
within five business days in accordance with the request to remove	1296
the name of the peace officer, parole officer, prosecuting	1297
attorney, assistant prosecuting attorney, correctional employee,	1298
youth services employee, firefighter, EMT, or investigator of the	1299
bureau of criminal identification and investigation, or federal	1300
law enforcement officer from any record made available to the	1301
general public on the internet or a publicly accessible database	1302
and the general tax list of real and public utility property and	1303
the general duplicate of real and public utility property and	1304
insert initials of the peace officer, parole officer, prosecuting	1305
attorney, assistant prosecuting attorney, correctional employee,	1306
youth services employee, firefighter, EMT, or investigator of the	1307
bureau of criminal identification and investigation, or federal	1308
law enforcement officer on any record made available to the	1309
general public on the internet or a publicly accessible database	1310
and the general tax list of real and public utility property and	1311
the general duplicate of real and public utility property, if	1312
practicable. If the removal and insertion is not practicable, the	1313
county auditor shall verbally or in writing within five business	1314
days after receiving the written request explain to the peace	1315
officer, parole officer, prosecuting attorney, assistant	1316
prosecuting attorney, correctional employee, youth services	1317
employee, firefighter, EMT, or investigator of the bureau of	1318
criminal identification and investigation, or federal law	1319
enforcement officer why the removal and insertion is	1320
impracticable.	1321

(C) As used in this section, "federal law enforcement	1322
officer" means any officer of the United States who is authorized	1323
by federal law to conduct any investigation of, and make any	1324
arrest for, any offense against the United States in violation of	1325
federal law.	1326

Sec. 319.54. (A) On all moneys collected by the county	1327
treasurer on any tax duplicate of the county, other than estate	1328
tax duplicates, and on all moneys received as advance payments of	1329
personal property and classified property taxes, the county	1330
auditor, on settlement with the treasurer and tax commissioner, on	1331
or before the date prescribed by law for such settlement or any	1332
lawful extension of such date, shall be allowed as compensation	1333
for the county auditor's services the following percentages:	1334

(1) On the first one hundred thousand dollars, two and	1335
one-half per cent;	1336

(2) On the next two million dollars, eight thousand three	1337
hundred eighteen ten-thousandths of one per cent;	1338

(3) On the next two million dollars, six thousand six hundred	1339
fifty-five ten-thousandths of one per cent;	1340

(4) On all further sums, one thousand six hundred sixty-three	1341
ten-thousandths of one per cent.	1342

If any settlement is not made on or before the date	1343
prescribed by law for such settlement or any lawful extension of	1344
such date, the aggregate compensation allowed to the auditor shall	1345
be reduced one per cent for each day such settlement is delayed	1346
after the prescribed date. No penalty shall apply if the auditor	1347
and treasurer grant all requests for advances up to ninety per	1348
cent of the settlement pursuant to section 321.34 of the Revised	1349
Code. The compensation allowed in accordance with this section on	1350
settlements made before the dates prescribed by law, or the	1351
reduced compensation allowed in accordance with this section on	1352
settlements made after the date prescribed by law or any lawful	1353
extension of such date, shall be apportioned ratably by the	1354
auditor and deducted from the shares or portions of the revenue	1355
payable to the state as well as to the county, townships,	1356
municipal corporations, and school districts.	1357

(B) For the purpose of reimbursing county auditors for the	1358
expenses associated with the increased number of applications for	1359
reductions in real property taxes under sections 323.152 and	1360
4503.065 of the Revised Code that result from the amendment of	1361
those sections by Am. Sub. H.B. 119 of the 127th general assembly,	1362
there shall be paid from the state's general revenue fund to the	1363
county treasury, to the credit of the real estate assessment fund	1364
created by section 325.31 of the Revised Code, an amount equal to	1365
one per cent of the total annual amount of property tax relief	1366
reimbursement paid to that county under sections 323.156 and	1367
4503.068 of the Revised Code for the preceding tax year. Payments	1368
made under this division shall be made at the same times and in	1369
the same manner as payments made under section 323.156 of the	1370
Revised Code.	1371

(C) From all moneys collected by the county treasurer on any	1372
tax duplicate of the county, other than estate tax duplicates, and	1373
on all moneys received as advance payments of personal property	1374
and classified property taxes, there shall be paid into the county	1375
treasury to the credit of the real estate assessment fund created	1376
by section 325.31 of the Revised Code, an amount to be determined	1377
by the county auditor, which shall not exceed the percentages	1378
prescribed in divisions (C)(1) and (2) of this section.	1379

(1) For payments made after June 30, 2007, and before 2011,	1380
the following percentages:	1381

(a) On the first five hundred thousand dollars, four per	1382
cent;	1383

(b) On the next five million dollars, two per cent;

1384

(c) On the next five million dollars, one per cent;

1385

(d) On all further sums not exceeding one hundred fifty	1386
million dollars, three-quarters of one per cent;	1387

(e) On amounts exceeding one hundred fifty million dollars,	1388
five hundred eighty-five thousandths of one per cent.	1389

(2) For payments made in or after 2011, the following	1390
percentages:	1391

(a) On the first five hundred thousand dollars, four per	1392
cent;	1393

(b) On the next ten million dollars, two per cent;

1394

(c) On amounts exceeding ten million five hundred thousand	1395
dollars, three-fourths of one per cent.	1396

Such compensation shall be apportioned ratably by the auditor	1397
and deducted from the shares or portions of the revenue payable to	1398
the state as well as to the county, townships, municipal	1399
corporations, and school districts.	1400

(D) Each county auditor shall receive four per cent of the	1401
amount of tax collected and paid into the county treasury, on	1402
property omitted and placed by the county auditor on the tax	1403
duplicate.	1404

(E) On all estate tax moneys collected by the county	1405
treasurer, the county auditor, on settlement semiannually with the	1406
tax commissioner, shall be allowed, as compensation for the	1407
auditor's services under Chapter 5731. of the Revised Code, the	1408
following percentages:	1409

(1) Four per cent on the first one hundred thousand dollars;

1410

(2) One-half of one per cent on all additional sums.

1411

Such percentages shall be computed upon the amount collected	1412
and reported at each semiannual settlement, and shall be for the	1413
use of the general fund of the county.	1414

(F) On all cigarette license moneys collected by the county	1415
treasurer, the county auditor, on settlement semiannually with the	1416
treasurer, shall be allowed as compensation for the auditor's	1417
services in the issuing of such licenses one-half of one per cent	1418
of such moneys, to be apportioned ratably and deducted from the	1419
shares of the revenue payable to the county and subdivisions, for	1420
the use of the general fund of the county.	1421

(G) The county auditor shall charge and receive fees as	1422
follows:	1423

(1) For deeds of land sold for taxes to be paid by the	1424
purchaser, five dollars;	1425

(2) For the transfer or entry of land, lot, or part of lot,	1426
or the transfer or entry on or after January 1, 2000, of a used	1427
manufactured home or mobile home as defined in section 5739.0210	1428
of the Revised Code, fifty cents for each transfer or entry, to be	1429
paid by the person requiring it;	1430

(3) For receiving statements of value and administering	1431
section 319.202 of the Revised Code, one dollar, or ten cents for	1432
each one hundred dollars or fraction of one hundred dollars,	1433
whichever is greater, of the value of the real property	1434
transferred or, for sales occurring on or after January 1, 2000,	1435
the value of the used manufactured home or used mobile home, as	1436
defined in section 5739.0210 of the Revised Code, transferred,	1437
except no fee shall be charged when the transfer is made:	1438

(a) To or from the United States, this state, or any	1439
instrumentality, agency, or political subdivision of the United	1440
States or this state;	1441

(b) Solely in order to provide or release security for a debt	1442
or obligation;	1443

(c) To confirm or correct a deed previously executed and	1444
recorded or when a current owner on any record made available to	1445
the general public on the internet or a publicly accessible	1446
database and the general tax list of real and public utility	1447
property and the general duplicate of real and public utility	1448
property is a peace officer, parole officer, prosecuting attorney,	1449
assistant prosecuting attorney, correctional employee, youth	1450
services employee, firefighter, EMT, or investigator of the bureau	1451
of criminal identification and investigation, or federal law	1452
enforcement officer and is changing the current owner name listed	1453
on any record made available to the general public on the internet	1454
or a publicly accessible database and the general tax list of real	1455
and public utility property and the general duplicate of real and	1456
public utility property to the initials of the current owner as	1457
prescribed in division (B)(1) of section 319.28 of the Revised	1458
Code;	1459

(d) To evidence a gift, in trust or otherwise and whether	1460
revocable or irrevocable, between husband and wife, or parent and	1461
child or the spouse of either;	1462

(e) On sale for delinquent taxes or assessments;

1463

(f) Pursuant to court order, to the extent that such transfer	1464
is not the result of a sale effected or completed pursuant to such	1465
order;	1466

(g) Pursuant to a reorganization of corporations or	1467
unincorporated associations or pursuant to the dissolution of a	1468
corporation, to the extent that the corporation conveys the	1469
property to a stockholder as a distribution in kind of the	1470
corporation's assets in exchange for the stockholder's shares in	1471
the dissolved corporation;	1472

(h) By a subsidiary corporation to its parent corporation for	1473
no consideration, nominal consideration, or in sole consideration	1474
of the cancellation or surrender of the subsidiary's stock;	1475

(i) By lease, whether or not it extends to mineral or mineral	1476
rights, unless the lease is for a term of years renewable forever;	1477

(j) When the value of the real property or the manufactured	1478
or mobile home or the value of the interest that is conveyed does	1479
not exceed one hundred dollars;	1480

(k) Of an occupied residential property, including a	1481
manufactured or mobile home, being transferred to the builder of a	1482
new residence or to the dealer of a new manufactured or mobile	1483
home when the former residence is traded as part of the	1484
consideration for the new residence or new manufactured or mobile	1485
home;	1486

(l) To a grantee other than a dealer in real property or in	1487
manufactured or mobile homes, solely for the purpose of, and as a	1488
step in, the prompt sale of the real property or manufactured or	1489
mobile home to others;	1490

(m) To or from a person when no money or other valuable and	1491
tangible consideration readily convertible into money is paid or	1492
to be paid for the real estate or manufactured or mobile home and	1493
the transaction is not a gift;	1494

(n) Pursuant to division (B) of section 317.22 of the Revised	1495
Code, or section 2113.61 of the Revised Code, between spouses or	1496
to a surviving spouse pursuant to section 5302.17 of the Revised	1497
Code as it existed prior to April 4, 1985, between persons	1498
pursuant to section 5302.17 or 5302.18 of the Revised Code on or	1499
after April 4, 1985, to a person who is a surviving, survivorship	1500
tenant pursuant to section 5302.17 of the Revised Code on or after	1501
April 4, 1985, or pursuant to section 5309.45 of the Revised Code;	1502

(o) To a trustee acting on behalf of minor children of the	1503
deceased;	1504

(p) Of an easement or right-of-way when the value of the	1505
interest conveyed does not exceed one thousand dollars;	1506

(q) Of property sold to a surviving spouse pursuant to	1507
section 2106.16 of the Revised Code;	1508

(r) To or from an organization exempt from federal income	1509
taxation under section 501(c)(3) of the "Internal Revenue Code of	1510
1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended, provided such	1511
transfer is without consideration and is in furtherance of the	1512
charitable or public purposes of such organization;	1513

(s) Among the heirs at law or devisees, including a surviving	1514
spouse, of a common decedent, when no consideration in money is	1515
paid or to be paid for the real property or manufactured or mobile	1516
home;	1517

(t) To a trustee of a trust, when the grantor of the trust	1518
has reserved an unlimited power to revoke the trust;	1519

(u) To the grantor of a trust by a trustee of the trust, when	1520
the transfer is made to the grantor pursuant to the exercise of	1521
the grantor's power to revoke the trust or to withdraw trust	1522
assets;	1523

(v) To the beneficiaries of a trust if the fee was paid on	1524
the transfer from the grantor of the trust to the trustee or if	1525
the transfer is made pursuant to trust provisions which became	1526
irrevocable at the death of the grantor;	1527

(w) To a corporation for incorporation into a sports facility	1528
constructed pursuant to section 307.696 of the Revised Code;	1529

(x) Between persons pursuant to section 5302.18 of the	1530
Revised Code;	1531

(y) From a county land reutilization corporation organized	1532
under Chapter 1724. of the Revised Code to a third party.	1533

The auditor shall compute and collect the fee. The auditor	1534
shall maintain a numbered receipt system, as prescribed by the tax	1535
commissioner, and use such receipt system to provide a receipt to	1536
each person paying a fee. The auditor shall deposit the receipts	1537
of the fees on conveyances in the county treasury daily to the	1538
credit of the general fund of the county, except that fees charged	1539
and received under division (G)(3) of this section for a transfer	1540
of real property to a county land reutilization corporation shall	1541
be credited to the county land reutilization corporation fund	1542
established under section 321.263 of the Revised Code.	1543

The real property transfer fee provided for in division	1544
(G)(3) of this section shall be applicable to any conveyance of	1545
real property presented to the auditor on or after January 1,	1546
1968, regardless of its time of execution or delivery.	1547

The transfer fee for a used manufactured home or used mobile	1548
home shall be computed by and paid to the county auditor of the	1549
county in which the home is located immediately prior to the	1550
transfer.	1551

(H) As used in this section, "federal law enforcement	1552
officer" means any officer of the United States who is authorized	1553
by federal law to conduct any investigation of, and make any	1554
arrest for, any offense against the United States in violation of	1555
federal law.	1556

Sec. 2901.44. (A) In any criminal action involving a	1557
violation of section 2903.11, 2903.12, 2903.13, 2903.21, 2903.211,	1558
2903.22, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07,	1559
2907.08, 2907.09, 2911.211, 2919.22, or 2919.25 of the Revised	1560
Code, upon the conviction or plea of guilty of the defendant, the	1561
court shall notify in writing the victim of the offense if an	1562
adult person or a parent or guardian acting on behalf of the	1563
victim who is a minor, incompetent, or ward of the right of the	1564
person to apply with the assistance of an application assistant to	1565
the secretary of state under sections 111.31 to 111.40 of the	1566
Revised Code to have an address designated by the secretary of	1567
state serve as the person's address or the address of the minor,	1568
incompetent, or ward. The person may apply with the assistance of	1569
an application assistant to the secretary of state pursuant to	1570
those sections to have an address designated by the secretary of	1571
state serve as the person's address or the address of the minor,	1572
incompetent, or ward.	1573

(B) As used in this section:

1574

(1) "Guardian," "incompetent," "parent," and "ward" have the	1575
same meanings as in section 2111.01 of the Revised Code.	1576

(2) "Application assistant" has the same meaning as in	1577
section 111.31 of the Revised Code.	1578

Sec. 2903.213. (A) Except when the complaint involves a	1579
person who is a family or household member as defined in section	1580
2919.25 of the Revised Code, upon the filing of a complaint that	1581
alleges a violation of section 2903.11, 2903.12, 2903.13, 2903.21,	1582
2903.211, 2903.22, or 2911.211 of the Revised Code, a violation of	1583
a municipal ordinance substantially similar to section 2903.13,	1584
2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code, or	1585
the commission of a sexually oriented offense, the complainant,	1586
the alleged victim, or a family or household member of an alleged	1587
victim may file a motion that requests the issuance of a	1588
protection order as a pretrial condition of release of the alleged	1589
offender, in addition to any bail set under Criminal Rule 46. The	1590
motion shall be filed with the clerk of the court that has	1591
jurisdiction of the case at any time after the filing of the	1592
complaint. If the complaint involves a person who is a family or	1593
household member, the complainant, the alleged victim, or the	1594
family or household member may file a motion for a temporary	1595
protection order pursuant to section 2919.26 of the Revised Code.	1596

(B) A motion for a protection order under this section shall	1597
be prepared on a form that is provided by the clerk of the court,	1598
and the form shall be substantially as follows:	1599

"Motion for Protection Order	1600

............................	1601

Name and address of court	1602

State of Ohio	1603

v.

No. ..........

1604

.............................	1605

Name of Defendant	1606

(Name of person), moves the court to issue a protection order	1607
containing terms designed to ensure the safety and protection of	1608
the complainant or the alleged victim in the above-captioned case,	1609
in relation to the named defendant, pursuant to its authority to	1610
issue a protection order under section 2903.213 of the Revised	1611
Code.	1612

A complaint, a copy of which has been attached to this	1613
motion, has been filed in this court charging the named defendant	1614
with a violation of section 2903.11, 2903.12, 2903.13, 2903.21,	1615
2903.211, 2903.22, or 2911.211 of the Revised Code, a violation of	1616
a municipal ordinance substantially similar to section 2903.13,	1617
2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code, or	1618
the commission of a sexually oriented offense.	1619

I understand that I must appear before the court, at a time	1620
set by the court not later than the next day that the court is in	1621
session after the filing of this motion, for a hearing on the	1622
motion, and that any protection order granted pursuant to this	1623
motion is a pretrial condition of release and is effective only	1624
until the disposition of the criminal proceeding arising out of	1625
the attached complaint or until the issuance under section	1626
2903.214 of the Revised Code of a protection order arising out of	1627
the same activities as those that were the basis of the attached	1628
complaint.	1629

.....................................	1630

Signature of person	1631

.....................................	1632

Address of person"	1633

(C)(1) As soon as possible after the filing of a motion that	1634
requests the issuance of a protection order under this section,	1635
but not later than the next day that the court is in session after	1636
the filing of the motion, the court shall conduct a hearing to	1637
determine whether to issue the order. The person who requested the	1638
order shall appear before the court and provide the court with the	1639
information that it requests concerning the basis of the motion.	1640
If the court finds that the safety and protection of the	1641
complainant or the alleged victim may be impaired by the continued	1642
presence of the alleged offender, the court may issue a protection	1643
order under this section, as a pretrial condition of release, that	1644
contains terms designed to ensure the safety and protection of the	1645
complainant or the alleged victim, including a requirement that	1646
the alleged offender refrain from entering the residence, school,	1647
business, or place of employment of the complainant or the alleged	1648
victim.	1649

(2)(a) If the court issues a protection order under this	1650
section that includes a requirement that the alleged offender	1651
refrain from entering the residence, school, business, or place of	1652
employment of the complainant or the alleged victim, the order	1653
shall clearly state that the order cannot be waived or nullified	1654
by an invitation to the alleged offender from the complainant, the	1655
alleged victim, or a family or household member to enter the	1656
residence, school, business, or place of employment or by the	1657
alleged offender's entry into one of those places otherwise upon	1658
the consent of the complainant, the alleged victim, or a family or	1659
household member.	1660

(b) Division (C)(2)(a) of this section does not limit any	1661
discretion of a court to determine that an alleged offender	1662
charged with a violation of section 2919.27 of the Revised Code,	1663
with a violation of a municipal ordinance substantially equivalent	1664
to that section, or with contempt of court, which charge is based	1665
on an alleged violation of a protection order issued under this	1666
section, did not commit the violation or was not in contempt of	1667
court.	1668

(D)(1) Except when the complaint involves a person who is a	1669
family or household member as defined in section 2919.25 of the	1670
Revised Code, upon the filing of a complaint that alleges a	1671
violation specified in division (A) of this section, the court,	1672
upon its own motion, may issue a protection order under this	1673
section as a pretrial condition of release of the alleged offender	1674
if it finds that the safety and protection of the complainant or	1675
the alleged victim may be impaired by the continued presence of	1676
the alleged offender.	1677

(2) If the court issues a protection order under this section	1678
as an ex parte order, it shall conduct, as soon as possible after	1679
the issuance of the order but not later than the next day that the	1680
court is in session after its issuance, a hearing to determine	1681
whether the order should remain in effect, be modified, or be	1682
revoked. The hearing shall be conducted under the standards set	1683
forth in division (C) of this section.	1684

(3) If a municipal court or a county court issues a	1685
protection order under this section and if, subsequent to the	1686
issuance of the order, the alleged offender who is the subject of	1687
the order is bound over to the court of common pleas for	1688
prosecution of a felony arising out of the same activities as	1689
those that were the basis of the complaint upon which the order is	1690
based, notwithstanding the fact that the order was issued by a	1691
municipal court or county court, the order shall remain in effect,	1692
as though it were an order of the court of common pleas, while the	1693
charges against the alleged offender are pending in the court of	1694
common pleas, for the period of time described in division (E)(2)	1695
of this section, and the court of common pleas has exclusive	1696
jurisdiction to modify the order issued by the municipal court or	1697
county court. This division applies when the alleged offender is	1698
bound over to the court of common pleas as a result of the person	1699
waiving a preliminary hearing on the felony charge, as a result of	1700
the municipal court or county court having determined at a	1701
preliminary hearing that there is probable cause to believe that	1702
the felony has been committed and that the alleged offender	1703
committed it, as a result of the alleged offender having been	1704
indicted for the felony, or in any other manner.	1705

(E) A protection order that is issued as a pretrial condition	1706
of release under this section:	1707

(1) Is in addition to, but shall not be construed as a part	1708
of, any bail set under Criminal Rule 46;	1709

(2) Is effective only until the disposition, by the court	1710
that issued the order or, in the circumstances described in	1711
division (D)(3) of this section, by the court of common pleas to	1712
which the alleged offender is bound over for prosecution, of the	1713
criminal proceeding arising out of the complaint upon which the	1714
order is based or until the issuance under section 2903.214 of the	1715
Revised Code of a protection order arising out of the same	1716
activities as those that were the basis of the complaint filed	1717
under this section;	1718

(3) Shall not be construed as a finding that the alleged	1719
offender committed the alleged offense and shall not be introduced	1720
as evidence of the commission of the offense at the trial of the	1721
alleged offender on the complaint upon which the order is based.	1722

(F) A person who meets the criteria for bail under Criminal	1723
Rule 46 and who, if required to do so pursuant to that rule,	1724
executes or posts bond or deposits cash or securities as bail,	1725
shall not be held in custody pending a hearing before the court on	1726
a motion requesting a protection order under this section.	1727

(G)(1) A copy of a protection order that is issued under this	1728
section shall be issued by the court to the complainant, to the	1729
alleged victim, to the person who requested the order, to the	1730
defendant, and to all law enforcement agencies that have	1731
jurisdiction to enforce the order. The court shall direct that a	1732
copy of the order be delivered to the defendant on the same day	1733
that the order is entered. If a municipal court or a county court	1734
issues a protection order under this section and if, subsequent to	1735
the issuance of the order, the defendant who is the subject of the	1736
order is bound over to the court of common pleas for prosecution	1737
as described in division (D)(3) of this section, the municipal	1738
court or county court shall direct that a copy of the order be	1739
delivered to the court of common pleas to which the defendant is	1740
bound over.	1741

(2) Upon the issuance of a protection order under this	1742
section, the court shall provide the parties to the order with the	1743
following notice orally or by form:	1744

"NOTICE	1745

If you are convicted of a misdemeanor crime involving	1746
violence in which you are or were a spouse, intimate partner,	1747
parent, or guardian of the victim or are or were involved in	1748
another, similar relationship with the victim, it may be unlawful	1749
for you to possess or purchase a firearm, including a rifle,	1750
pistol, or revolver, or ammunition pursuant to federal law under	1751
18 U.S.C. 922(g)(9). If you have any questions whether this law	1752
makes it illegal for you to possess or purchase a firearm or	1753
ammunition, you should consult an attorney."	1754

(3) All law enforcement agencies shall establish and maintain	1755
an index for the protection orders delivered to the agencies	1756
pursuant to division (G)(1) of this section. With respect to each	1757
order delivered, each agency shall note on the index the date and	1758
time of the agency's receipt of the order.	1759

(4) Regardless of whether the petitioner has registered the	1760
protection order in the county in which the officer's agency has	1761
jurisdiction, any officer of a law enforcement agency shall	1762
enforce a protection order issued pursuant to this section in	1763
accordance with the provisions of the order.	1764

(H) Upon a violation of a protection order issued pursuant to	1765
this section, the court may issue another protection order under	1766
this section, as a pretrial condition of release, that modifies	1767
the terms of the order that was violated.	1768

(I) Notwithstanding any provision of law to the contrary and	1769
regardless of whether a protection order is issued or a consent	1770
agreement is approved by a court of another county or by a court	1771
of another state, no court or unit of state or local government	1772
shall charge any fee, cost, deposit, or money in connection with	1773
the filing of a motion pursuant to this section, in connection	1774
with the filing, issuance, registration, or service of a	1775
protection order or consent agreement, or for obtaining certified	1776
copies of a protection order or consent agreement.	1777

(J)(1) Upon the issuance of a protection order under this	1778
section, the court shall notify in writing the person who filed	1779
the motion for the issuance of the order of the right of the	1780
person to apply with the assistance of an application assistant to	1781
the secretary of state under sections 111.31 to 111.40 of the	1782
Revised Code to have an address designated by the secretary of	1783
state serve as the person's address or the address of the person	1784
on whose behalf the protection order was issued. The person who	1785
filed the motion for the issuance of the protection order may	1786
apply with the assistance of an application assistant to the	1787
secretary of state pursuant to those sections to have an address	1788
designated by the secretary of state serve as the person's address	1789
or the address of the person on whose behalf the protection order	1790
was issued.	1791

(2) As used in division (J)(1) of this section, "application	1792
assistant" has the same meaning as in section 111.31 of the	1793
Revised Code.	1794

(K) As used in this section, "sexually oriented offense" has	1795
the same meaning as in section 2950.01 of the Revised Code.	1796

Sec. 2903.214. (A) As used in this section:

1797

(1) "Court" means the court of common pleas of the county in	1798
which the person to be protected by the protection order resides.	1799

(2) "Victim advocate" means a person who provides support and	1800
assistance for a person who files a petition under this section.	1801

(3) "Family or household member" has the same meaning as in	1802
section 3113.31 of the Revised Code.	1803

(4) "Protection order issued by a court of another state" has	1804
the same meaning as in section 2919.27 of the Revised Code.	1805

(5) "Sexually oriented offense" has the same meaning as in	1806
section 2950.01 of the Revised Code.	1807

(6) "Electronic monitoring" has the same meaning as in	1808
section 2929.01 of the Revised Code.	1809

(B) The court has jurisdiction over all proceedings under	1810
this section.	1811

(C) A person may seek relief under this section for the	1812
person, or any parent or adult household member may seek relief	1813
under this section on behalf of any other family or household	1814
member, by filing a petition with the court. The petition shall	1815
contain or state all of the following:	1816

(1) An allegation that the respondent engaged in a violation	1817
of section 2903.211 of the Revised Code against the person to be	1818
protected by the protection order or committed a sexually oriented	1819
offense against the person to be protected by the protection	1820
order, including a description of the nature and extent of the	1821
violation;	1822

(2) If the petitioner seeks relief in the form of electronic	1823
monitoring of the respondent, an allegation that at any time	1824
preceding the filing of the petition the respondent engaged in	1825
conduct that would cause a reasonable person to believe that the	1826
health, welfare, or safety of the person to be protected was at	1827
risk, a description of the nature and extent of that conduct, and	1828
an allegation that the respondent presents a continuing danger to	1829
the person to be protected;	1830

(3) A request for relief under this section.

1831

(D)(1) If a person who files a petition pursuant to this	1832
section requests an ex parte order, the court shall hold an ex	1833
parte hearing as soon as possible after the petition is filed, but	1834
not later than the next day that the court is in session after the	1835
petition is filed. The court, for good cause shown at the ex parte	1836
hearing, may enter any temporary orders, with or without bond,	1837
that the court finds necessary for the safety and protection of	1838
the person to be protected by the order. Immediate and present	1839
danger to the person to be protected by the protection order	1840
constitutes good cause for purposes of this section. Immediate and	1841
present danger includes, but is not limited to, situations in	1842
which the respondent has threatened the person to be protected by	1843
the protection order with bodily harm or in which the respondent	1844
previously has been convicted of or pleaded guilty to a violation	1845
of section 2903.211 of the Revised Code or a sexually oriented	1846
offense against the person to be protected by the protection	1847
order.	1848

(2)(a) If the court, after an ex parte hearing, issues a	1849
protection order described in division (E) of this section, the	1850
court shall schedule a full hearing for a date that is within ten	1851
court days after the ex parte hearing. The court shall give the	1852
respondent notice of, and an opportunity to be heard at, the full	1853
hearing. The court shall hold the full hearing on the date	1854
scheduled under this division unless the court grants a	1855
continuance of the hearing in accordance with this division. Under	1856
any of the following circumstances or for any of the following	1857
reasons, the court may grant a continuance of the full hearing to	1858
a reasonable time determined by the court:	1859

(i) Prior to the date scheduled for the full hearing under	1860
this division, the respondent has not been served with the	1861
petition filed pursuant to this section and notice of the full	1862
hearing.	1863

(ii) The parties consent to the continuance.

1864

(iii) The continuance is needed to allow a party to obtain	1865
counsel.	1866

(iv) The continuance is needed for other good cause.

1867

(b) An ex parte order issued under this section does not	1868
expire because of a failure to serve notice of the full hearing	1869
upon the respondent before the date set for the full hearing under	1870
division (D)(2)(a) of this section or because the court grants a	1871
continuance under that division.	1872

(3) If a person who files a petition pursuant to this section	1873
does not request an ex parte order, or if a person requests an ex	1874
parte order but the court does not issue an ex parte order after	1875
an ex parte hearing, the court shall proceed as in a normal civil	1876
action and grant a full hearing on the matter.	1877

(E)(1)(a) After an ex parte or full hearing, the court may	1878
issue any protection order, with or without bond, that contains	1879
terms designed to ensure the safety and protection of the person	1880
to be protected by the protection order, including, but not	1881
limited to, a requirement that the respondent refrain from	1882
entering the residence, school, business, or place of employment	1883
of the petitioner or family or household member. If the court	1884
includes a requirement that the respondent refrain from entering	1885
the residence, school, business, or place of employment of the	1886
petitioner or family or household member in the order, it also	1887
shall include in the order provisions of the type described in	1888
division (E)(5) of this section.	1889

(b) After a full hearing, if the court considering a petition	1890
that includes an allegation of the type described in division	1891
(C)(2) of this section, or the court upon its own motion, finds	1892
upon clear and convincing evidence that the petitioner reasonably	1893
believed that the respondent's conduct at any time preceding the	1894
filing of the petition endangered the health, welfare, or safety	1895
of the person to be protected and that the respondent presents a	1896
continuing danger to the person to be protected, the court may	1897
order that the respondent be electronically monitored for a period	1898
of time and under the terms and conditions that the court	1899
determines are appropriate. Electronic monitoring shall be in	1900
addition to any other relief granted to the petitioner.	1901

(2)(a) Any protection order issued pursuant to this section	1902
shall be valid until a date certain but not later than five years	1903
from the date of its issuance.	1904

(b) Any protection order issued pursuant to this section may	1905
be renewed in the same manner as the original order was issued.	1906

(3) A court may not issue a protection order that requires a	1907
petitioner to do or to refrain from doing an act that the court	1908
may require a respondent to do or to refrain from doing under	1909
division (E)(1) of this section unless all of the following apply:	1910

(a) The respondent files a separate petition for a protection	1911
order in accordance with this section.	1912

(b) The petitioner is served with notice of the respondent's	1913
petition at least forty-eight hours before the court holds a	1914
hearing with respect to the respondent's petition, or the	1915
petitioner waives the right to receive this notice.	1916

(c) If the petitioner has requested an ex parte order	1917
pursuant to division (D) of this section, the court does not delay	1918
any hearing required by that division beyond the time specified in	1919
that division in order to consolidate the hearing with a hearing	1920
on the petition filed by the respondent.	1921

(d) After a full hearing at which the respondent presents	1922
evidence in support of the request for a protection order and the	1923
petitioner is afforded an opportunity to defend against that	1924
evidence, the court determines that the petitioner has committed a	1925
violation of section 2903.211 of the Revised Code against the	1926
person to be protected by the protection order issued pursuant to	1927
this section, has committed a sexually oriented offense against	1928
the person to be protected by the protection order, or has	1929
violated a protection order issued pursuant to section 2903.213 of	1930
the Revised Code relative to the person to be protected by the	1931
protection order issued pursuant to this section.	1932

(4) No protection order issued pursuant to this section shall	1933
in any manner affect title to any real property.	1934

(5)(a) If the court issues a protection order under this	1935
section that includes a requirement that the alleged offender	1936
refrain from entering the residence, school, business, or place of	1937
employment of the petitioner or a family or household member, the	1938
order shall clearly state that the order cannot be waived or	1939
nullified by an invitation to the alleged offender from the	1940
complainant to enter the residence, school, business, or place of	1941
employment or by the alleged offender's entry into one of those	1942
places otherwise upon the consent of the petitioner or family or	1943
household member.	1944

(b) Division (E)(5)(a) of this section does not limit any	1945
discretion of a court to determine that an alleged offender	1946
charged with a violation of section 2919.27 of the Revised Code,	1947
with a violation of a municipal ordinance substantially equivalent	1948
to that section, or with contempt of court, which charge is based	1949
on an alleged violation of a protection order issued under this	1950
section, did not commit the violation or was not in contempt of	1951
court.	1952

(F)(1) The court shall cause the delivery of a copy of any	1953
protection order that is issued under this section to the	1954
petitioner, to the respondent, and to all law enforcement agencies	1955
that have jurisdiction to enforce the order. The court shall	1956
direct that a copy of the order be delivered to the respondent on	1957
the same day that the order is entered.	1958

(2) Upon the issuance of a protection order under this	1959
section, the court shall provide the parties to the order with the	1960
following notice orally or by form:	1961

"NOTICE	1962

As a result of this order, it may be unlawful for you to	1963
possess or purchase a firearm, including a rifle, pistol, or	1964
revolver, or ammunition pursuant to federal law under 18 U.S.C.	1965
922(g)(8). If you have any questions whether this law makes it	1966
illegal for you to possess or purchase a firearm or ammunition,	1967
you should consult an attorney."	1968

(3) All law enforcement agencies shall establish and maintain	1969
an index for the protection orders delivered to the agencies	1970
pursuant to division (F)(1) of this section. With respect to each	1971
order delivered, each agency shall note on the index the date and	1972
time that it received the order.	1973

(4) Regardless of whether the petitioner has registered the	1974
protection order in the county in which the officer's agency has	1975
jurisdiction pursuant to division (M) of this section, any officer	1976
of a law enforcement agency shall enforce a protection order	1977
issued pursuant to this section by any court in this state in	1978
accordance with the provisions of the order, including removing	1979
the respondent from the premises, if appropriate.	1980

(G) Any proceeding under this section shall be conducted in	1981
accordance with the Rules of Civil Procedure, except that a	1982
protection order may be obtained under this section with or	1983
without bond. An order issued under this section, other than an ex	1984
parte order, that grants a protection order, or that refuses to	1985
grant a protection order, is a final, appealable order. The	1986
remedies and procedures provided in this section are in addition	1987
to, and not in lieu of, any other available civil or criminal	1988
remedies.	1989

(H) The filing of proceedings under this section does not	1990
excuse a person from filing any report or giving any notice	1991
required by section 2151.421 of the Revised Code or by any other	1992
law.	1993

(I) Any law enforcement agency that investigates an alleged	1994
violation of section 2903.211 of the Revised Code or an alleged	1995
commission of a sexually oriented offense shall provide	1996
information to the victim and the family or household members of	1997
the victim regarding the relief available under this section and	1998
section 2903.213 of the Revised Code.	1999

(J) Notwithstanding any provision of law to the contrary and	2000
regardless of whether a protection order is issued or a consent	2001
agreement is approved by a court of another county or by a court	2002
of another state, no court or unit of state or local government	2003
shall charge any fee, cost, deposit, or money in connection with	2004
the filing of a petition pursuant to this section, in connection	2005
with the filing, issuance, registration, or service of a	2006
protection order or consent agreement, or for obtaining a	2007
certified copy of a protection order or consent agreement.	2008

(K)(1) A person who violates a protection order issued under	2009
this section is subject to the following sanctions:	2010

(a) Criminal prosecution for a violation of section 2919.27	2011
of the Revised Code, if the violation of the protection order	2012
constitutes a violation of that section;	2013

(b) Punishment for contempt of court.

2014

(2) The punishment of a person for contempt of court for	2015
violation of a protection order issued under this section does not	2016
bar criminal prosecution of the person for a violation of section	2017
2919.27 of the Revised Code. However, a person punished for	2018
contempt of court is entitled to credit for the punishment imposed	2019
upon conviction of a violation of that section, and a person	2020
convicted of a violation of that section shall not subsequently be	2021
punished for contempt of court arising out of the same activity.	2022

(L) In all stages of a proceeding under this section, a	2023
petitioner may be accompanied by a victim advocate.	2024

(M)(1) A petitioner who obtains a protection order under this	2025
section or a protection order under section 2903.213 of the	2026
Revised Code may provide notice of the issuance or approval of the	2027
order to the judicial and law enforcement officials in any county	2028
other than the county in which the order is issued by registering	2029
that order in the other county pursuant to division (M)(2) of this	2030
section and filing a copy of the registered order with a law	2031
enforcement agency in the other county in accordance with that	2032
division. A person who obtains a protection order issued by a	2033
court of another state may provide notice of the issuance of the	2034
order to the judicial and law enforcement officials in any county	2035
of this state by registering the order in that county pursuant to	2036
section 2919.272 of the Revised Code and filing a copy of the	2037
registered order with a law enforcement agency in that county.	2038

(2) A petitioner may register a protection order issued	2039
pursuant to this section or section 2903.213 of the Revised Code	2040
in a county other than the county in which the court that issued	2041
the order is located in the following manner:	2042

(a) The petitioner shall obtain a certified copy of the order	2043
from the clerk of the court that issued the order and present that	2044
certified copy to the clerk of the court of common pleas or the	2045
clerk of a municipal court or county court in the county in which	2046
the order is to be registered.	2047

(b) Upon accepting the certified copy of the order for	2048
registration, the clerk of the court of common pleas, municipal	2049
court, or county court shall place an endorsement of registration	2050
on the order and give the petitioner a copy of the order that	2051
bears that proof of registration.	2052

(3) The clerk of each court of common pleas, municipal court,	2053
or county court shall maintain a registry of certified copies of	2054
protection orders that have been issued by courts in other	2055
counties pursuant to this section or section 2903.213 of the	2056
Revised Code and that have been registered with the clerk.	2057

(N) If the court orders electronic monitoring of the	2058
respondent under this section, the court shall direct the	2059
sheriff's office or any other appropriate law enforcement agency	2060
to install the electronic monitoring device and to monitor the	2061
respondent. Unless the court determines that the respondent is	2062
indigent, the court shall order the respondent to pay the cost of	2063
the installation and monitoring of the electronic monitoring	2064
device. If the court determines that the respondent is indigent,	2065
the cost of the installation and monitoring of the electronic	2066
monitoring device may be paid out of funds from the reparations	2067
fund created pursuant to section 2743.191 of the Revised Code. The	2068
total amount of costs for the installation and monitoring of	2069
electronic monitoring devices paid pursuant to this division from	2070
the reparations fund shall not exceed three hundred thousand	2071
dollars per year. The attorney general may promulgate rules	2072
pursuant to section 111.15 of the Revised Code to govern payments	2073
made from the reparations fund pursuant to this division. The	2074
rules may include reasonable limits on the total cost paid	2075
pursuant to this division per respondent, the amount of the three	2076
hundred thousand dollars allocated to each county, and how	2077
invoices may be submitted by a county, court, or other entity.	2078

(O)(1) Upon the issuance of a protection order under this	2079
section, the court shall notify the petitioner in writing of the	2080
right of the petitioner to apply with the assistance of an	2081
application assistant to the secretary of state under sections	2082
111.31 to 111.40 of the Revised Code to have an address designated	2083
by the secretary of state serve as the petitioner's address or the	2084
address of the person on whose behalf the protection order was	2085
issued. The petitioner may apply with the assistance of an	2086
application assistant to the secretary of state pursuant to those	2087
sections to have an address designated by the secretary of state	2088
serve as the petitioner's address or the address of the person on	2089
whose behalf the protection order was issued.	2090

(2) As used in division (O)(1) of this section, "application	2091
assistant" has the same meaning as in section 111.31 of the	2092
Revised Code.	2093

Sec. 3113.31. (A) As used in this section:

2094

(1) "Domestic violence" means the occurrence of one or more	2095
of the following acts against a family or household member:	2096

(a) Attempting to cause or recklessly causing bodily injury;

2097

(b) Placing another person by the threat of force in fear of	2098
imminent serious physical harm or committing a violation of	2099
section 2903.211 or 2911.211 of the Revised Code;	2100

(c) Committing any act with respect to a child that would	2101
result in the child being an abused child, as defined in section	2102
2151.031 of the Revised Code;	2103

(d) Committing a sexually oriented offense.

2104

(2) "Court" means the domestic relations division of the	2105
court of common pleas in counties that have a domestic relations	2106
division, and the court of common pleas in counties that do not	2107
have a domestic relations division.	2108

(3) "Family or household member" means any of the following:

2109

(a) Any of the following who is residing with or has resided	2110
with the respondent:	2111

(i) A spouse, a person living as a spouse, or a former spouse	2112
of the respondent;	2113

(ii) A parent or a child of the respondent, or another person	2114
related by consanguinity or affinity to the respondent;	2115

(iii) A parent or a child of a spouse, person living as a	2116
spouse, or former spouse of the respondent, or another person	2117
related by consanguinity or affinity to a spouse, person living as	2118
a spouse, or former spouse of the respondent.	2119

(b) The natural parent of any child of whom the respondent is	2120
the other natural parent or is the putative other natural parent.	2121

(4) "Person living as a spouse" means a person who is living	2122
or has lived with the respondent in a common law marital	2123
relationship, who otherwise is cohabiting with the respondent, or	2124
who otherwise has cohabited with the respondent within five years	2125
prior to the date of the alleged occurrence of the act in	2126
question.	2127

(5) "Victim advocate" means a person who provides support and	2128
assistance for a person who files a petition under this section.	2129

(6) "Sexually oriented offense" has the same meaning as in	2130
section 2950.01 of the Revised Code.	2131

(B) The court has jurisdiction over all proceedings under	2132
this section. The petitioner's right to relief under this section	2133
is not affected by the petitioner's leaving the residence or	2134
household to avoid further domestic violence.	2135

(C) A person may seek relief under this section on the	2136
person's own behalf, or any parent or adult household member may	2137
seek relief under this section on behalf of any other family or	2138
household member, by filing a petition with the court. The	2139
petition shall contain or state:	2140

(1) An allegation that the respondent engaged in domestic	2141
violence against a family or household member of the respondent,	2142
including a description of the nature and extent of the domestic	2143
violence;	2144

(2) The relationship of the respondent to the petitioner, and	2145
to the victim if other than the petitioner;	2146

(3) A request for relief under this section.

2147

(D)(1) If a person who files a petition pursuant to this	2148
section requests an ex parte order, the court shall hold an ex	2149
parte hearing on the same day that the petition is filed. The	2150
court, for good cause shown at the ex parte hearing, may enter any	2151
temporary orders, with or without bond, including, but not limited	2152
to, an order described in division (E)(1)(a), (b), or (c) of this	2153
section, that the court finds necessary to protect the family or	2154
household member from domestic violence. Immediate and present	2155
danger of domestic violence to the family or household member	2156
constitutes good cause for purposes of this section. Immediate and	2157
present danger includes, but is not limited to, situations in	2158
which the respondent has threatened the family or household member	2159
with bodily harm, in which the respondent has threatened the	2160
family or household member with a sexually oriented offense, or in	2161
which the respondent previously has been convicted of or pleaded	2162
guilty to an offense that constitutes domestic violence against	2163
the family or household member.	2164

(2)(a) If the court, after an ex parte hearing, issues an	2165
order described in division (E)(1)(b) or (c) of this section, the	2166
court shall schedule a full hearing for a date that is within	2167
seven court days after the ex parte hearing. If any other type of	2168
protection order that is authorized under division (E) of this	2169
section is issued by the court after an ex parte hearing, the	2170
court shall schedule a full hearing for a date that is within ten	2171
court days after the ex parte hearing. The court shall give the	2172
respondent notice of, and an opportunity to be heard at, the full	2173
hearing. The court shall hold the full hearing on the date	2174
scheduled under this division unless the court grants a	2175
continuance of the hearing in accordance with this division. Under	2176
any of the following circumstances or for any of the following	2177
reasons, the court may grant a continuance of the full hearing to	2178
a reasonable time determined by the court:	2179

(i) Prior to the date scheduled for the full hearing under	2180
this division, the respondent has not been served with the	2181
petition filed pursuant to this section and notice of the full	2182
hearing.	2183

(ii) The parties consent to the continuance.

2184

(iii) The continuance is needed to allow a party to obtain	2185
counsel.	2186

(iv) The continuance is needed for other good cause.

2187

(b) An ex parte order issued under this section does not	2188
expire because of a failure to serve notice of the full hearing	2189
upon the respondent before the date set for the full hearing under	2190
division (D)(2)(a) of this section or because the court grants a	2191
continuance under that division.	2192

(3) If a person who files a petition pursuant to this section	2193
does not request an ex parte order, or if a person requests an ex	2194
parte order but the court does not issue an ex parte order after	2195
an ex parte hearing, the court shall proceed as in a normal civil	2196
action and grant a full hearing on the matter.	2197

(E)(1) After an ex parte or full hearing, the court may grant	2198
any protection order, with or without bond, or approve any consent	2199
agreement to bring about a cessation of domestic violence against	2200
the family or household members. The order or agreement may:	2201

(a) Direct the respondent to refrain from abusing or from	2202
committing sexually oriented offenses against the family or	2203
household members;	2204

(b) Grant possession of the residence or household to the	2205
petitioner or other family or household member, to the exclusion	2206
of the respondent, by evicting the respondent, when the residence	2207
or household is owned or leased solely by the petitioner or other	2208
family or household member, or by ordering the respondent to	2209
vacate the premises, when the residence or household is jointly	2210
owned or leased by the respondent, and the petitioner or other	2211
family or household member;	2212

(c) When the respondent has a duty to support the petitioner	2213
or other family or household member living in the residence or	2214
household and the respondent is the sole owner or lessee of the	2215
residence or household, grant possession of the residence or	2216
household to the petitioner or other family or household member,	2217
to the exclusion of the respondent, by ordering the respondent to	2218
vacate the premises, or, in the case of a consent agreement, allow	2219
the respondent to provide suitable, alternative housing;	2220

(d) Temporarily allocate parental rights and responsibilities	2221
for the care of, or establish temporary parenting time rights with	2222
regard to, minor children, if no other court has determined, or is	2223
determining, the allocation of parental rights and	2224
responsibilities for the minor children or parenting time rights;	2225

(e) Require the respondent to maintain support, if the	2226
respondent customarily provides for or contributes to the support	2227
of the family or household member, or if the respondent has a duty	2228
to support the petitioner or family or household member;	2229

(f) Require the respondent, petitioner, victim of domestic	2230
violence, or any combination of those persons, to seek counseling;	2231

(g) Require the respondent to refrain from entering the	2232
residence, school, business, or place of employment of the	2233
petitioner or family or household member;	2234

(h) Grant other relief that the court considers equitable and	2235
fair, including, but not limited to, ordering the respondent to	2236
permit the use of a motor vehicle by the petitioner or other	2237
family or household member and the apportionment of household and	2238
family personal property.	2239

(2) If a protection order has been issued pursuant to this	2240
section in a prior action involving the respondent and the	2241
petitioner or one or more of the family or household members or	2242
victims, the court may include in a protection order that it	2243
issues a prohibition against the respondent returning to the	2244
residence or household. If it includes a prohibition against the	2245
respondent returning to the residence or household in the order,	2246
it also shall include in the order provisions of the type	2247
described in division (E)(7) of this section. This division does	2248
not preclude the court from including in a protection order or	2249
consent agreement, in circumstances other than those described in	2250
this division, a requirement that the respondent be evicted from	2251
or vacate the residence or household or refrain from entering the	2252
residence, school, business, or place of employment of the	2253
petitioner or a family or household member, and, if the court	2254
includes any requirement of that type in an order or agreement,	2255
the court also shall include in the order provisions of the type	2256
described in division (E)(7) of this section.	2257

(3)(a) Any protection order issued or consent agreement	2258
approved under this section shall be valid until a date certain,	2259
but not later than five years from the date of its issuance or	2260
approval unless modified or terminated as provided in division	2261
(E)(8) of this section.	2262

(b) Subject to the limitation on the duration of an order or	2263
agreement set forth in division (E)(3)(a) of this section, any	2264
order under division (E)(1)(d) of this section shall terminate on	2265
the date that a court in an action for divorce, dissolution of	2266
marriage, or legal separation brought by the petitioner or	2267
respondent issues an order allocating parental rights and	2268
responsibilities for the care of children or on the date that a	2269
juvenile court in an action brought by the petitioner or	2270
respondent issues an order awarding legal custody of minor	2271
children. Subject to the limitation on the duration of an order or	2272
agreement set forth in division (E)(3)(a) of this section, any	2273
order under division (E)(1)(e) of this section shall terminate on	2274
the date that a court in an action for divorce, dissolution of	2275
marriage, or legal separation brought by the petitioner or	2276
respondent issues a support order or on the date that a juvenile	2277
court in an action brought by the petitioner or respondent issues	2278
a support order.	2279

(c) Any protection order issued or consent agreement approved	2280
pursuant to this section may be renewed in the same manner as the	2281
original order or agreement was issued or approved.	2282

(4) A court may not issue a protection order that requires a	2283
petitioner to do or to refrain from doing an act that the court	2284
may require a respondent to do or to refrain from doing under	2285
division (E)(1)(a), (b), (c), (d), (e), (g), or (h) of this	2286
section unless all of the following apply:	2287

(a) The respondent files a separate petition for a protection	2288
order in accordance with this section.	2289

(b) The petitioner is served notice of the respondent's	2290
petition at least forty-eight hours before the court holds a	2291
hearing with respect to the respondent's petition, or the	2292
petitioner waives the right to receive this notice.	2293

(c) If the petitioner has requested an ex parte order	2294
pursuant to division (D) of this section, the court does not delay	2295
any hearing required by that division beyond the time specified in	2296
that division in order to consolidate the hearing with a hearing	2297
on the petition filed by the respondent.	2298

(d) After a full hearing at which the respondent presents	2299
evidence in support of the request for a protection order and the	2300
petitioner is afforded an opportunity to defend against that	2301
evidence, the court determines that the petitioner has committed	2302
an act of domestic violence or has violated a temporary protection	2303
order issued pursuant to section 2919.26 of the Revised Code, that	2304
both the petitioner and the respondent acted primarily as	2305
aggressors, and that neither the petitioner nor the respondent	2306
acted primarily in self-defense.	2307

(5) No protection order issued or consent agreement approved	2308
under this section shall in any manner affect title to any real	2309
property.	2310

(6)(a) If a petitioner, or the child of a petitioner, who	2311
obtains a protection order or consent agreement pursuant to	2312
division (E)(1) of this section or a temporary protection order	2313
pursuant to section 2919.26 of the Revised Code and is the subject	2314
of a parenting time order issued pursuant to section 3109.051 or	2315
3109.12 of the Revised Code or a visitation or companionship order	2316
issued pursuant to section 3109.051, 3109.11, or 3109.12 of the	2317
Revised Code or division (E)(1)(d) of this section granting	2318
parenting time rights to the respondent, the court may require the	2319
public children services agency of the county in which the court	2320
is located to provide supervision of the respondent's exercise of	2321
parenting time or visitation or companionship rights with respect	2322
to the child for a period not to exceed nine months, if the court	2323
makes the following findings of fact:	2324

(i) The child is in danger from the respondent;

2325

(ii) No other person or agency is available to provide the	2326
supervision.	2327

(b) A court that requires an agency to provide supervision	2328
pursuant to division (E)(6)(a) of this section shall order the	2329
respondent to reimburse the agency for the cost of providing the	2330
supervision, if it determines that the respondent has sufficient	2331
income or resources to pay that cost.	2332

(7)(a) If a protection order issued or consent agreement	2333
approved under this section includes a requirement that the	2334
respondent be evicted from or vacate the residence or household or	2335
refrain from entering the residence, school, business, or place of	2336
employment of the petitioner or a family or household member, the	2337
order or agreement shall state clearly that the order or agreement	2338
cannot be waived or nullified by an invitation to the respondent	2339
from the petitioner or other family or household member to enter	2340
the residence, school, business, or place of employment or by the	2341
respondent's entry into one of those places otherwise upon the	2342
consent of the petitioner or other family or household member.	2343

(b) Division (E)(7)(a) of this section does not limit any	2344
discretion of a court to determine that a respondent charged with	2345
a violation of section 2919.27 of the Revised Code, with a	2346
violation of a municipal ordinance substantially equivalent to	2347
that section, or with contempt of court, which charge is based on	2348
an alleged violation of a protection order issued or consent	2349
agreement approved under this section, did not commit the	2350
violation or was not in contempt of court.	2351

(8)(a) The court may modify or terminate as provided in	2352
division (E)(8) of this section a protection order or consent	2353
agreement that was issued after a full hearing under this section.	2354
The court that issued the protection order or approved the consent	2355
agreement shall hear a motion for modification or termination of	2356
the protection order or consent agreement pursuant to division	2357
(E)(8) of this section.	2358

(b) Either the petitioner or the respondent of the original	2359
protection order or consent agreement may bring a motion for	2360
modification or termination of a protection order or consent	2361
agreement that was issued or approved after a full hearing. The	2362
court shall require notice of the motion to be made as provided by	2363
the Rules of Civil Procedure. If the petitioner for the original	2364
protection order or consent agreement has requested that the	2365
petitioner's address be kept confidential, the court shall not	2366
disclose the address to the respondent of the original protection	2367
order or consent agreement or any other person, except as	2368
otherwise required by law. The moving party has the burden of	2369
proof to show, by a preponderance of the evidence, that	2370
modification or termination of the protection order or consent	2371
agreement is appropriate because either the protection order or	2372
consent agreement is no longer needed or because the terms of the	2373
original protection order or consent agreement are no longer	2374
appropriate.	2375

(c) In considering whether to modify or terminate a	2376
protection order or consent agreement issued or approved under	2377
this section, the court shall consider all relevant factors,	2378
including, but not limited to, the following:	2379

(i) Whether the petitioner consents to modification or	2380
termination of the protection order or consent agreement;	2381

(ii) Whether the petitioner fears the respondent;

2382

(iii) The current nature of the relationship between the	2383
petitioner and the respondent;	2384

(iv) The circumstances of the petitioner and respondent,	2385
including the relative proximity of the petitioner's and	2386
respondent's workplaces and residences and whether the petitioner	2387
and respondent have minor children together;	2388

(v) Whether the respondent has complied with the terms and	2389
conditions of the original protection order or consent agreement;	2390

(vi) Whether the respondent has a continuing involvement with	2391
illegal drugs or alcohol;	2392

(vii) Whether the respondent has been convicted of or pleaded	2393
guilty to an offense of violence since the issuance of the	2394
protection order or approval of the consent agreement;	2395

(viii) Whether any other protection orders, consent	2396
agreements, restraining orders, or no contact orders have been	2397
issued against the respondent pursuant to this section, section	2398
2919.26 of the Revised Code, any other provision of state law, or	2399
the law of any other state;	2400

(ix) Whether the respondent has participated in any domestic	2401
violence treatment, intervention program, or other counseling	2402
addressing domestic violence and whether the respondent has	2403
completed the treatment, program, or counseling;	2404

(x) The time that has elapsed since the protection order was	2405
issued or since the consent agreement was approved;	2406

(xi) The age and health of the respondent;

2407

(xii) When the last incident of abuse, threat of harm, or	2408
commission of a sexually oriented offense occurred or other	2409
relevant information concerning the safety and protection of the	2410
petitioner or other protected parties.	2411

(d) If a protection order or consent agreement is modified or	2412
terminated as provided in division (E)(8) of this section, the	2413
court shall issue copies of the modified or terminated order or	2414
agreement as provided in division (F) of this section. A	2415
petitioner may also provide notice of the modification or	2416
termination to the judicial and law enforcement officials in any	2417
county other than the county in which the order or agreement is	2418
modified or terminated as provided in division (N) of this	2419
section.	2420

(e) If the respondent moves for modification or termination	2421
of a protection order or consent agreement pursuant to this	2422
section, the court may assess costs against the respondent for the	2423
filing of the motion.	2424

(F)(1) A copy of any protection order, or consent agreement,	2425
that is issued, approved, modified, or terminated under this	2426
section shall be issued by the court to the petitioner, to the	2427
respondent, and to all law enforcement agencies that have	2428
jurisdiction to enforce the order or agreement. The court shall	2429
direct that a copy of an order be delivered to the respondent on	2430
the same day that the order is entered.	2431

(2) Upon the issuance of a protection order or the approval	2432
of a consent agreement under this section, the court shall provide	2433
the parties to the order or agreement with the following notice	2434
orally or by form:	2435

"NOTICE	2436

As a result of this order or consent agreement, it may be	2437
unlawful for you to possess or purchase a firearm, including a	2438
rifle, pistol, or revolver, or ammunition pursuant to federal law	2439
under 18 U.S.C. 922(g)(8). If you have any questions whether this	2440
law makes it illegal for you to possess or purchase a firearm or	2441
ammunition, you should consult an attorney."	2442

(3) All law enforcement agencies shall establish and maintain	2443
an index for the protection orders and the approved consent	2444
agreements delivered to the agencies pursuant to division (F)(1)	2445
of this section. With respect to each order and consent agreement	2446
delivered, each agency shall note on the index the date and time	2447
that it received the order or consent agreement.	2448

(4) Regardless of whether the petitioner has registered the	2449
order or agreement in the county in which the officer's agency has	2450
jurisdiction pursuant to division (N) of this section, any officer	2451
of a law enforcement agency shall enforce a protection order	2452
issued or consent agreement approved by any court in this state in	2453
accordance with the provisions of the order or agreement,	2454
including removing the respondent from the premises, if	2455
appropriate.	2456

(G) Any proceeding under this section shall be conducted in	2457
accordance with the Rules of Civil Procedure, except that an order	2458
under this section may be obtained with or without bond. An order	2459
issued under this section, other than an ex parte order, that	2460
grants a protection order or approves a consent agreement, that	2461
refuses to grant a protection order or approve a consent agreement	2462
that modifies or terminates a protection order or consent	2463
agreement, or that refuses to modify or terminate a protection	2464
order or consent agreement, is a final, appealable order. The	2465
remedies and procedures provided in this section are in addition	2466
to, and not in lieu of, any other available civil or criminal	2467
remedies.	2468

(H) The filing of proceedings under this section does not	2469
excuse a person from filing any report or giving any notice	2470
required by section 2151.421 of the Revised Code or by any other	2471
law. When a petition under this section alleges domestic violence	2472
against minor children, the court shall report the fact, or cause	2473
reports to be made, to a county, township, or municipal peace	2474
officer under section 2151.421 of the Revised Code.	2475

(I) Any law enforcement agency that investigates a domestic	2476
dispute shall provide information to the family or household	2477
members involved regarding the relief available under this section	2478
and section 2919.26 of the Revised Code.	2479

(J) Notwithstanding any provision of law to the contrary and	2480
regardless of whether a protection order is issued or a consent	2481
agreement is approved by a court of another county or a court of	2482
another state, no court or unit of state or local government shall	2483
charge any fee, cost, deposit, or money in connection with the	2484
filing of a petition pursuant to this section or in connection	2485
with the filing, issuance, registration, or service of a	2486
protection order or consent agreement, or for obtaining a	2487
certified copy of a protection order or consent agreement.	2488

(K)(1) The court shall comply with Chapters 3119., 3121.,	2489
3123., and 3125. of the Revised Code when it makes or modifies an	2490
order for child support under this section.	2491

(2) If any person required to pay child support under an	2492
order made under this section on or after April 15, 1985, or	2493
modified under this section on or after December 31, 1986, is	2494
found in contempt of court for failure to make support payments	2495
under the order, the court that makes the finding, in addition to	2496
any other penalty or remedy imposed, shall assess all court costs	2497
arising out of the contempt proceeding against the person and	2498
require the person to pay any reasonable attorney's fees of any	2499
adverse party, as determined by the court, that arose in relation	2500
to the act of contempt.	2501

(L)(1) A person who violates a protection order issued or a	2502
consent agreement approved under this section is subject to the	2503
following sanctions:	2504

(a) Criminal prosecution for a violation of section 2919.27	2505
of the Revised Code, if the violation of the protection order or	2506
consent agreement constitutes a violation of that section;	2507

(b) Punishment for contempt of court.

2508

(2) The punishment of a person for contempt of court for	2509
violation of a protection order issued or a consent agreement	2510
approved under this section does not bar criminal prosecution of	2511
the person for a violation of section 2919.27 of the Revised Code.	2512
However, a person punished for contempt of court is entitled to	2513
credit for the punishment imposed upon conviction of a violation	2514
of that section, and a person convicted of a violation of that	2515
section shall not subsequently be punished for contempt of court	2516
arising out of the same activity.	2517

(M) In all stages of a proceeding under this section, a	2518
petitioner may be accompanied by a victim advocate.	2519

(N)(1) A petitioner who obtains a protection order or consent	2520
agreement under this section or a temporary protection order under	2521
section 2919.26 of the Revised Code may provide notice of the	2522
issuance or approval of the order or agreement to the judicial and	2523
law enforcement officials in any county other than the county in	2524
which the order is issued or the agreement is approved by	2525
registering that order or agreement in the other county pursuant	2526
to division (N)(2) of this section and filing a copy of the	2527
registered order or registered agreement with a law enforcement	2528
agency in the other county in accordance with that division. A	2529
person who obtains a protection order issued by a court of another	2530
state may provide notice of the issuance of the order to the	2531
judicial and law enforcement officials in any county of this state	2532
by registering the order in that county pursuant to section	2533
2919.272 of the Revised Code and filing a copy of the registered	2534
order with a law enforcement agency in that county.	2535

(2) A petitioner may register a temporary protection order,	2536
protection order, or consent agreement in a county other than the	2537
county in which the court that issued the order or approved the	2538
agreement is located in the following manner:	2539

(a) The petitioner shall obtain a certified copy of the order	2540
or agreement from the clerk of the court that issued the order or	2541
approved the agreement and present that certified copy to the	2542
clerk of the court of common pleas or the clerk of a municipal	2543
court or county court in the county in which the order or	2544
agreement is to be registered.	2545

(b) Upon accepting the certified copy of the order or	2546
agreement for registration, the clerk of the court of common	2547
pleas, municipal court, or county court shall place an endorsement	2548
of registration on the order or agreement and give the petitioner	2549
a copy of the order or agreement that bears that proof of	2550
registration.	2551

(3) The clerk of each court of common pleas, the clerk of	2552
each municipal court, and the clerk of each county court shall	2553
maintain a registry of certified copies of temporary protection	2554
orders, protection orders, or consent agreements that have been	2555
issued or approved by courts in other counties and that have been	2556
registered with the clerk.	2557

(O)(1) Upon the issuance of a protection order or the	2558
approval of a consent agreement under this section, the court	2559
shall notify the petitioner in writing of the right of the	2560
petitioner to apply with the assistance of an application	2561
assistant to the secretary of state under sections 111.31 to	2562
111.40 of the Revised Code to have an address designated by the	2563
secretary of state serve as the petitioner's address or the	2564
address of the person on whose behalf the protection order was	2565
issued or the consent agreement was approved. The petitioner may	2566
apply with the assistance of an application assistant to the	2567
secretary of state pursuant to those sections to have an address	2568
designated by the secretary of state serve as the petitioner's	2569
address or the address of the person on whose behalf the	2570
protection order was issued or the consent agreement was approved.	2571

(2) As used in division (O)(1) of this section, "application	2572
assistant" has the same meaning as in section 111.31 of the	2573
Revised Code.	2574

Sec. 3503.15. (A) The secretary of state shall establish and	2575
maintain a statewide voter registration database that shall be	2576
continuously available to each board of elections and to other	2577
agencies as authorized by law.	2578

(B) The statewide voter registration database established	2579
under this section shall be the official list of registered voters	2580
for all elections conducted in this state.	2581

(C) The statewide voter registration database established	2582
under this section shall, at a minimum, include all of the	2583
following:	2584

(1) An electronic network that connects all board of	2585
elections offices with the office of the secretary of state and	2586
with the offices of all other boards of elections;	2587

(2) A computer program that harmonizes the records contained	2588
in the database with records maintained by each board of	2589
elections;	2590

(3) An interactive computer program that allows access to the	2591
records contained in the database by each board of elections and	2592
by any persons authorized by the secretary of state to add,	2593
delete, modify, or print database records, and to conduct updates	2594
of the database;	2595

(4) A search program capable of verifying registered voters	2596
and their registration information by name, driver's license	2597
number, birth date, social security number, or current address;	2598

(5) Safeguards and components to ensure that the integrity,	2599
security, and confidentiality of the voter registration	2600
information is maintained.	2601

(D) The secretary of state shall adopt rules pursuant to	2602
Chapter 119. of the Revised Code doing all of the following:	2603

(1) Specifying the manner in which existing voter	2604
registration records maintained by boards of elections shall be	2605
converted to electronic files for inclusion in the statewide voter	2606
registration database;	2607

(2) Establishing a uniform method for entering voter	2608
registration records into the statewide voter registration	2609
database on an expedited basis, but not less than once per day, if	2610
new registration information is received;	2611

(3) Establishing a uniform method for purging canceled voter	2612
registration records from the statewide voter registration	2613
database in accordance with section 3503.21 of the Revised Code;	2614

(4) Specifying the persons authorized to add, delete, modify,	2615
or print records contained in the statewide voter registration	2616
database and to make updates of that database;	2617

(5) Establishing a process for annually auditing the	2618
information contained in the statewide voter registration	2619
database;	2620

(6) Establishing a process to keep the voter registration	2621
record of a person who is a program participant under sections	2622
111.31 to 111.40 of the Revised Code confidential and not	2623
available for public inspection.	2624

(E) A board of elections promptly shall purge a voter's name	2625
and voter registration information from the statewide voter	2626
registration database in accordance with the rules adopted by the	2627
secretary of state under division (D)(3) of this section after the	2628
cancellation of a voter's registration under section 3503.21 of	2629
the Revised Code.	2630

(F) The secretary of state shall provide training in the	2631
operation of the statewide voter registration database to each	2632
board of elections and to any persons authorized by the secretary	2633
of state to add, delete, modify, or print database records, and to	2634
conduct updates of the database.	2635

(G)(1) The statewide voter registration database established	2636
under this section shall be made available on a web site of the	2637
office of the secretary of state as follows:	2638

(a) Except as otherwise provided in division (G)(1)(b) of	2639
this section, only the following information from the statewide	2640
voter registration database regarding a registered voter shall be	2641
made available on the web site:	2642

(i) The voter's name;

2643

(ii) The voter's address;

2644

(iii) The voter's precinct number;

2645

(iv) The voter's voting history.

2646

(b) During the thirty days before the day of a primary or	2647
general election, the web site interface of the statewide voter	2648
registration database shall permit a voter to search for the	2649
polling location at which that voter may cast a ballot.	2650

(2) The secretary of state shall establish, by rule adopted	2651
under Chapter 119. of the Revised Code, a process for boards of	2652
elections to notify the secretary of state of changes in the	2653
locations of precinct polling places for the purpose of updating	2654
the information made available on the secretary of state's web	2655
site under division (G)(1)(b) of this section. Those rules shall	2656
require a board of elections, during the thirty days before the	2657
day of a primary or general election, to notify the secretary of	2658
state within one business day of any change to the location of a	2659
precinct polling place within the county.	2660

(3) During the thirty days before the day of a primary or	2661
general election, not later than one business day after receiving	2662
a notification from a county pursuant to division (G)(2) of this	2663
section that the location of a precinct polling place has changed,	2664
the secretary of state shall update that information on the	2665
secretary of state's web site for the purpose of division	2666
(G)(1)(b) of this section.	2667

Sec. 3503.151. Notwithstanding any other provision of Chapter	2668
3503. of the Revised Code, the secretary of state shall maintain	2669
the voter registration records for participants in the address	2670
confidentiality program under sections 111.32 to 111.40 of the	2671
Revised Code who are registered or choose to register to vote. The	2672
secretary of state shall process new voter registration records	2673
and maintain existing voter registration records in the same	2674
manner as county boards of elections.	2675

Sec. 3509.03. Except as provided in section 3509.031 or	2676
division (B) of section 3509.08 of the Revised Code, any qualified	2677
elector desiring to vote absent voter's ballots at an election	2678
shall make written application for those ballots to the director	2679
of elections of the county in which the elector's voting residence	2680
is located. The application need not be in any particular form but	2681
shall contain all of the following:	2682

(A) The elector's name;

2683

(B) The elector's signature;

2684

(C) The address at which the elector is registered to vote;

2685

(D) The elector's date of birth;

2686

(E) One of the following:

2687

(1) The elector's driver's license number;

2688

(2) The last four digits of the elector's social security	2689
number;	2690

(3) A copy of the elector's current and valid photo	2691
identification, a copy of a military identification, or a copy of	2692
a current utility bill, bank statement, government check,	2693
paycheck, or other government document, other than a notice of an	2694
election mailed by a board of elections under section 3501.19 of	2695
the Revised Code or a notice of voter registration mailed by a	2696
board of elections under section 3503.19 of the Revised Code, that	2697
shows the name and address of the elector.	2698

(F) A statement identifying the election for which absent	2699
voter's ballots are requested;	2700

(G) A statement that the person requesting the ballots is a	2701
qualified elector;	2702

(H) If the request is for primary election ballots, the	2703
elector's party affiliation;	2704

(I) If the elector desires ballots to be mailed to the	2705
elector, the address to which those ballots shall be mailed.	2706

A voter who will be outside the United States on the day of	2707
any election during a calendar year may use a single federal post	2708
card application to apply for absent voter's ballots. Those	2709
ballots shall be sent to the voter for use at the primary and	2710
general elections in that year and any special election to be held	2711
on the day in that year specified by division (E) of section	2712
3501.01 of the Revised Code for the holding of a primary election,	2713
designated by the general assembly for the purpose of submitting	2714
constitutional amendments proposed by the general assembly to the	2715
voters of the state unless the voter reports a change in the	2716
voter's voting status to the board of elections or the voter's	2717
intent to vote in any such election in the precinct in this state	2718
where the voter is registered to vote. A single federal postcard	2719
application shall be processed by the board of elections pursuant	2720
to section 3509.04 of the Revised Code the same as if the voter	2721
had applied separately for absent voter's ballots for each	2722
election. When mailing absent voter's ballots to a voter who	2723
applied for them by single federal post card application, the	2724
board shall enclose notification to the voter that the voter must	2725
report to the board subsequent changes in the voter's voting	2726
status or the voter's subsequent intent to vote in any such	2727
election in the precinct in this state where the voter is	2728
registered to vote. Such notification shall be in a form	2729
prescribed by the secretary of state. As used in this section,	2730
"voting status" means the voter's name at the time the voter	2731
applied for absent voter's ballots by single federal post card	2732
application and the voter's address outside the United States to	2733
which the voter requested that those ballots be sent.	2734

~~Each~~Except as provided in section 111.34 of the Revised	2735
Code, each application for absent voter's ballots shall be	2736
delivered to the director not earlier than the first day of	2737
January of the year of the elections for which the absent voter's	2738
ballots are requested or not earlier than ninety days before the	2739
day of the election at which the ballots are to be voted,	2740
whichever is earlier, and not later than twelve noon of the third	2741
day before the day of the election at which the ballots are to be	2742
voted, or not later than the close of regular business hours on	2743
the day before the day of the election at which the ballots are to	2744
be voted if the application is delivered in person to the office	2745
of the board.	2746

Section 2. That existing sections 149.43, 149.45, 319.28,	2747
319.54, 2903.213, 2903.214, 3113.31, 3503.15, and 3509.03 of the	2748
Revised Code are hereby repealed.	2749