S. B. No. 178 As Introduced

As Introduced

129th General Assembly

Regular Session

2011-2012

S. B. No. 178

Senators Seitz, Wilson

Cosponsors: Senators Beagle, Wagoner, Tavares, Turner

A BILL

To amend sections 109.43, 149.351, 149.38, 149.39,

149.41, 149.411, 149.412, 149.42, 307.801,

1901.41, and 3313.29 and to enact section 149.381

of the Revised Code to limit the forfeiture amount

and attorney's fees a person may recover for the

unlawful destruction or disposal of a record of a

public office, to establish a four-year statute of

limitations for the commencement of a civil action

for injunctive relief or to recover a forfeiture

for such unlawful conduct, to require one-half of

all forfeiture amounts recovered to be paid to the

state for use by the state archives, to revise the

Ohio Historical Society's procedure for selecting

records of historical value before political

subdivisions dispose of them, to allow the

Attorney General to offer programs regarding the

records retention procedure, and to move the date

for meetings of a county microfilming board.

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

Section 1. That sections 109.43, 149.351, 149.38, 149.39,	19
149.41, 149.411, 149.412, 149.42, 307.801, 1901.41, and 3313.29 be	20
amended and section 149.381 of the Revised Code be enacted to read	21
as follows:	22

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

(1) "Designee" means a designee of the elected official in	24
the public office if that elected official is the only elected	25
official in the public office involved or a designee of all of the	26
elected officials in the public office if the public office	27
involved includes more than one elected official.	28

(2) "Elected official" means an official elected to a local	29
or statewide office. "Elected official" does not include the chief	30
justice or a justice of the supreme court, a judge of a court of	31
appeals, court of common pleas, municipal court, or county court,	32
or a clerk of any of those courts.	33

(3) "Public office" has the same meaning as in section	34
149.011 of the Revised Code.	35

(4) "Public record" has the same meaning as in section 149.43	36
of the Revised Code.	37

(B) The attorney general shall develop, provide, and certify	38
training programs and seminars for all elected officials or their	39
appropriate designees in order to enhance the officials' knowledge	40
of the duty to provide access to public records as required by	41
section 149.43 of the Revised Code. The training shall be three	42
hours for every term of office for which the elected official was	43
appointed or elected to the public office involved. The training	44
shall provide elected officials or their appropriate designees	45
with guidance in developing and updating their offices' policies	46
as required under section 149.43 of the Revised Code. The	47
successful completion by an elected official or by an elected	48
official's appropriate designee of the training requirements	49
established by the attorney general under this section shall	50
satisfy the education requirements imposed on elected officials or	51
their appropriate designees under division (E) of section 149.43	52
of the Revised Code. Prior to providing the training programs and	53
seminars under this section to satisfy the education requirements	54
imposed on elected officials or their appropriate designees under	55
division (E) of section 149.43 of the Revised Code, the attorney	56
general shall ensure that the training programs and seminars are	57
accredited by the commission on continuing legal education	58
established by the supreme court.	59

(C) The attorney general shall not charge any elected	60
official or the appropriate designee of any elected official any	61
fee for attending the training programs and seminars that the	62
attorney general conducts under this section. The attorney general	63
may allow the attendance of any other interested persons at any of	64
the training programs or seminars that the attorney general	65
conducts under this section and shall not charge the person any	66
fee for attending the training program or seminar.	67

(D) In addition to developing, providing, and certifying	68
training programs and seminars as required under division (B) of	69
this section, the attorney general may contract with one or more	70
other state agencies, political subdivisions, or other public or	71
private entities to conduct the training programs and seminars for	72
elected officials or their appropriate designees under this	73
section. The contract may provide for the attendance of any other	74
interested persons at any of the training programs or seminars	75
conducted by the contracting state agency, political subdivision,	76
or other public or private entity. The contracting state agency,	77
political subdivision, or other public or private entity may	78
charge an elected official, an elected official's appropriate	79
designee, or an interested person a registration fee for attending	80
the training program or seminar conducted by that contracting	81
agency, political subdivision, or entity pursuant to a contract	82
entered into under this division. The attorney general shall	83
determine a reasonable amount for the registration fee based on	84
the actual and necessary expenses associated with the training	85
programs and seminars. If the contracting state agency, political	86
subdivision, or other public or private entity charges an elected	87
official or an elected official's appropriate designee a	88
registration fee for attending the training program or seminar	89
conducted pursuant to a contract entered into under this division	90
by that contracting agency, political subdivision, or entity, the	91
public office for which the elected official was appointed or	92
elected to represent may use the public office's own funds to pay	93
for the cost of the registration fee.	94

(E) The attorney general shall develop and provide to all	95
public offices a model public records policy for responding to	96
public records requests in compliance with section 149.43 of the	97
Revised Code in order to provide guidance to public offices in	98
developing their own public record policies for responding to	99
public records requests in compliance with that section.	100

(F) The attorney general may provide any other appropriate	101
training or educational programs about Ohio's "Sunshine Laws,"	102
sections 121.22, 149.38, 149.381, and 149.43 of the Revised Code,	103
as may be developed and offered by the attorney general or by the	104
attorney general in collaboration with one or more other state	105
agencies, political subdivisions, or other public or private	106
entities.	107

(G) The auditor of state, in the course of an annual or	108
biennial audit of a public office pursuant to Chapter 117. of the	109
Revised Code, shall audit the public office for compliance with	110
this section and division (E) of section 149.43 of the Revised	111
Code.	112

Sec. 149.351. (A) All records are the property of the public	113
office concerned and shall not be removed, destroyed, mutilated,	114
transferred, or otherwise damaged or disposed of, in whole or in	115
part, except as provided by law or under the rules adopted by the	116
records commissions provided for under sections 149.38 to 149.42	117
of the Revised Code or under the records programs established by	118
the boards of trustees of state-supported institutions of higher	119
education under section 149.33 of the Revised Code. Such records	120
shall be delivered by outgoing officials and employees to their	121
successors and shall not be otherwise removed, destroyed,	122
mutilated, or transferred~~, or destroyed~~ unlawfully.	123

(B) Any person who, after the effective date of this	124
amendment, is aggrieved by the removal, destruction, mutilation,	125
or transfer of, or by other damage to or disposition of a record	126
in violation of division (A) of this section, or by threat of such	127
removal, destruction, mutilation, transfer, or other damage to or	128
disposition of such a record, may commence either or both of the	129
following in the court of common pleas of the county in which	130
division (A) of this section allegedly was violated or is	131
threatened to be violated:	132

(1) A civil action for injunctive relief to compel compliance	133
with division (A) of this section, and to obtain an award of the	134
reasonable attorney's fees incurred by the person in the civil	135
action;	136

(2) A civil action to recover a forfeiture in the amount of	137
one thousand dollars for each violation but not to exceed ten	138
thousand dollars for all violations, and to obtain an award of ~~the~~	139
~~reasonable~~ attorney's fees incurred by the person in the civil	140
action equal to one-half of the forfeiture amount recovered.	141

A person is not aggrieved by a violation of this section if	142
clear and convincing evidence shows that the request for a record	143
was contrived as a pretext to create potential liability under	144
this section. Commencing a civil action under this section waives	145
any right under this chapter to decline to divulge the purpose for	146
requesting the record, but only to the extent needed to evaluate	147
whether the request was contrived to create potential liability	148
under this section.	149

(C) Once a civil action is filed under division (B)(1) or (2)	150
of this section, no other person may file a civil action under	151
division (B)(1) or (2) of this section for a violation of this	152
section involving the same record.	153

(D) One-half of the forfeiture amount recovered under	154
division (B)(2) of this section shall be paid to the person who	155
commenced the civil action to recover a forfeiture, and one-half	156
of the forfeiture amount recovered under that division shall be	157
paid to the treasurer of state, who shall deposit the amount in an	158
account of the Ohio historical society, to be used by the state	159
archives in furtherance of its mission to retain records of	160
continuing historical value.	161

(E) A civil action for injunctive relief under division	162
(B)(1) of this section and a civil action to recover a forfeiture	163
under division (B)(2) of this section shall be commenced within	164
four years after the day division (A) of this section was	165
allegedly violated or was threatened to be violated.	166

Sec. 149.38. (A) There is hereby created in each county a	167
county records commission, composed of a member of the board of	168
county commissioners as chairperson, the prosecuting attorney, the	169
auditor, the recorder, and the clerk of the court of common pleas.	170
The commission shall appoint a secretary, who may or may not be a	171
member of the commission and who shall serve at the pleasure of	172
the commission. The commission may employ an archivist or records	173
manager to serve under its direction. The commission shall meet at	174
least once every six months and upon the call of the chairperson.	175

(B) The functions of the county records commission shall be	176
to provide rules for retention and disposal of records of the	177
county, and to review applications for one-time disposal of	178
obsolete records and schedules of records retention and	179
disposition submitted by county offices. The commission may	180
dispose of records pursuant to the procedure outlined in this	181
section. The commission, at any time, may review any schedule it	182
has previously approved and, for good cause shown, may revise that	183
schedule, subject to division (D) of this section.	184

(C)(1) When the county records commission has approved any	185
county application for one-time disposal of obsolete records or	186
any schedule of records retention and disposition, the commission	187
shall send that application or schedule to the Ohio historical	188
society for its review. The Ohio historical society shall review	189
the application or schedule within a period of not more than sixty	190
days after its receipt of it. ~~Upon~~During the sixty-day review	191
period, the Ohio historical society may select for its custody	192
from the application for one-time disposal of obsolete records any	193
records it considers to be of continuing historical value, and	194
shall denote upon any schedule of records retention and	195
disposition any records for which the Ohio historical society will	196
require a certificate of records disposal prior to their disposal.	197

(2) Upon completion of its review, the Ohio historical	198
society shall forward the application for one-time disposal of	199
obsolete records or the schedule of records retention and	200
disposition to the auditor of state for the auditor's approval or	201
disapproval. The auditor of state shall approve or disapprove the	202
application or schedule within a period of not more than sixty	203
days after receipt of it. ~~Before~~	204

(3) Before public records are to be disposed of pursuant to	205
an approved schedule of records retention and disposition, the	206
county records commission shall inform the Ohio historical society	207
of the disposal through the submission of a certificate of records	208
disposal for only the records required by the schedule to be	209
disposed of and shall give the society the opportunity for a	210
period of fifteen business days to select for its custody those	211
records, from the certificate submitted, that it considers to be	212
of continuing historical value. Upon the expiration of the	213
fifteen-business-day period, the county records commission also	214
shall notify the public libraries, county historical society,	215
state universities, and other public or quasi-public institutions,	216
agencies, or corporations in the county that have provided the	217
commission with their name and address for these notification	218
purposes, that the commission has informed the Ohio historical	219
society of the records disposal and that the notified entities,	220
upon written agreement with the Ohio historical society pursuant	221
to section 149.31 of the Revised Code, may select records of	222
continuing historical value, including records that may be	223
distributed to any of the notified entities under section 149.31	224
of the Revised Code. Any notified entity that notifies the county	225
records commission of its intent to review and select records of	226
continuing historical value from certificates of records disposal	227
is responsible for the cost of any notice given and for the	228
transportation of those records.	229

(D) The rules of the county records commission shall include	230
a rule that requires any receipts, checks, vouchers, or other	231
similar records pertaining to expenditures from the delinquent tax	232
and assessment collection fund created in section 321.261 of the	233
Revised Code, from the real estate assessment fund created in	234
section 325.31 of the Revised Code, or from amounts allocated for	235
the furtherance of justice to the county sheriff under section	236
325.071 of the Revised Code or to the prosecuting attorney under	237
section 325.12 of the Revised Code to be retained for at least	238
four years.	239

(E) No person shall knowingly violate the rule adopted under	240
division (D) of this section. Whoever violates that rule is guilty	241
of a misdemeanor of the first degree.	242

Sec. 149.381. (A) As used in this section, "records	243
commission" means a records commission created under section	244
149.39 of the Revised Code, a school district records commission	245
and an educational service center records commission created under	246
section 149.41 of the Revised Code, a library records commission	247
created under section 149.411 of the Revised Code, a special	248
taxing district records commission created under section 149.412	249
of the Revised Code, and a township records commission created	250
under section 149.42 of the Revised Code.	251

(B) When a records commission has approved an application for	252
one-time disposal of obsolete records or any schedule of records	253
retention and disposition, the records commission shall send that	254
application or schedule to the Ohio historical society for its	255
review. The Ohio historical society shall review the application	256
or schedule within a period of not more than sixty days after its	257
receipt of it. During the sixty-day review period, the Ohio	258
historical society may select for its custody from the application	259
for one-time disposal of obsolete records any records it considers	260
to be of continuing historical value, and shall denote upon any	261
schedule of records retention and disposition the records for	262
which the Ohio historical society will require a certificate of	263
records disposal prior to their disposal.	264

(C) Upon completion of its review, the Ohio historical	265
society shall forward the application for one-time disposal of	266
obsolete records or the schedule of records retention and	267
disposition to the auditor of state for the auditor of state's	268
approval or disapproval. The auditor of state shall approve or	269
disapprove the application or schedule within a period of not more	270
than sixty days after receipt of it.	271

(D) Before public records are to be disposed of pursuant to	272
an approved schedule of records retention and disposition, the	273
records commission shall inform the Ohio historical society of the	274
disposal through the submission of a certificate of records	275
disposal for only the records required by the schedule to be	276
disposed of, and shall give the society the opportunity for a	277
period of fifteen business days to select for its custody those	278
public records, from the certificate submitted, that it considers	279
to be of continuing historical value.	280

(E) The Ohio historical society may not review or select for	281
its custody any of the following:	282

(1) Records the release of which is prohibited by section	283
149.432 of the Revised Code.	284

(2) Records containing personally identifiable information	285
concerning any pupil attending a public school other than	286
directory information, as defined in section 3319.321 of the	287
Revised Code, without the written consent of the parent, guardian,	288
or custodian of each such pupil who is less than eighteen years of	289
age, or without the written consent of each pupil who is eighteen	290
years of age or older.	291

(3) Records the release of which would, according to the	292
"Family Educational Rights and Privacy Act of 1974," 88 Stat. 571,	293
20 U.S.C. 1232g, disqualify a school or other educational	294
institution from receiving federal funds.	295

Sec. 149.39. There is hereby created in each municipal	296
corporation a records commission composed of the chief executive	297
or the chief executive's appointed representative, as chairperson,	298
and the chief fiscal officer, the chief legal officer, and a	299
citizen appointed by the chief executive. The commission shall	300
appoint a secretary, who may or may not be a member of the	301
commission and who shall serve at the pleasure of the commission.	302
The commission may employ an archivist or records manager to serve	303
under its direction. The commission shall meet at least once every	304
six months and upon the call of the chairperson.	305

The functions of the commission shall be to provide rules for	306
retention and disposal of records of the municipal corporation,	307
and to review applications for one-time disposal of obsolete	308
records and schedules of records retention and disposition	309
submitted by municipal offices. The commission may dispose of	310
records pursuant to the procedure outlined in ~~this~~ section 149.381	311
of the Revised Code. The commission, at any time, may review any	312
schedule it has previously approved and, for good cause shown, may	313
revise that schedule under the procedure outlined in that section.	314

~~When the municipal records commission has approved any~~	315
~~application for one-time disposal of obsolete records or any~~	316
~~schedule of records retention and disposition, the commission~~	317
~~shall send that application or schedule to the Ohio historical~~	318
~~society for its review. The Ohio historical society shall review~~	319
~~the application or schedule within a period of not more than sixty~~	320
~~days after its receipt of it. Upon completion of its review, the~~	321
~~Ohio historical society shall forward the application for one-time~~	322
~~disposal of obsolete records or the schedule of records retention~~	323
~~and disposition to the auditor of state for the auditor's approval~~	324
~~or disapproval. The auditor shall approve or disapprove the~~	325
~~application or schedule within a period of not more than sixty~~	326
~~days after receipt of it. Before public records are to be disposed~~	327
~~of, the commission shall inform the Ohio historical society of the~~	328
~~disposal through the submission of a certificate of records~~	329
~~disposal and shall give the society the opportunity for a period~~	330
~~of fifteen business days to select for its custody those public~~	331
~~records that it considers to be of continuing historical value.~~	332

Sec. 149.41. There is hereby created in each city, local,	333
joint vocational, and exempted village school district a school	334
district records commission, and in each educational service	335
center an educational service center records commission. Each	336
records commission shall be composed of the president, the	337
treasurer of the board of education or governing board of the	338
educational service center, and the superintendent of schools in	339
each such district or educational service center. The commission	340
shall meet at least once every twelve months.	341

The function of the commission shall be to review	342
applications for one-time disposal of obsolete records and	343
schedules of records retention and disposition submitted by any	344
employee of the school district or educational service center. The	345
commission may dispose of records pursuant to the procedure	346
outlined in ~~this~~ section 149.381 of the Revised Code. The	347
commission, at any time, may review any schedule it has previously	348
approved and, for good cause shown, may revise that schedule under	349
the procedure outlined in that section.	350

~~When the school district records commission or the~~	351
~~educational service center records commission has approved any~~	352
~~application for one-time disposal of obsolete records or any~~	353
~~schedule of records retention and disposition, the appropriate~~	354
~~commission shall send that application or schedule to the Ohio~~	355
~~historical society for its review. The Ohio historical society~~	356
~~shall review the application or schedule within a period of not~~	357
~~more than sixty days after its receipt of it. Upon completion of~~	358
~~its review, the Ohio historical society shall forward the~~	359
~~application for one-time disposal of obsolete records or the~~	360
~~schedule of records retention and disposition to the auditor of~~	361
~~state for the auditor's approval or disapproval. The auditor shall~~	362
~~approve or disapprove the application or schedule within a period~~	363
~~of not more than sixty days after receipt of it. Before public~~	364
~~records are to be disposed of, the appropriate commission shall~~	365
~~inform the Ohio historical society of the disposal through the~~	366
~~submission of a certificate of records disposal and shall give the~~	367
~~society the opportunity for a period of fifteen business days to~~	368
~~select for its custody those public records that it considers to~~	369
~~be of continuing historical value. The society may not review or~~	370
~~select for its custody either of the following:~~	371

~~(A) Records containing personally identifiable information~~	372
~~concerning any pupil attending a public school other than~~	373
~~directory information, as defined in section 3319.321 of the~~	374
~~Revised Code, without the written consent of the parent, guardian,~~	375
~~or custodian of each such pupil who is less than eighteen years of~~	376
~~age, or without the written consent of each such pupil who is~~	377
~~eighteen years of age or older;~~	378

~~(B) Records the release of which would, according to the~~	379
~~"Family Educational Rights and Privacy Act of 1974," 88 Stat. 571,~~	380
~~20 U.S.C.A. 1232g, disqualify a school or other educational~~	381
~~institution from receiving federal funds.~~	382

Sec. 149.411. There is hereby created in each county free	383
public library, municipal free public library, township free	384
public library, school district free public library as described	385
in section 3375.15 of the Revised Code, county library district,	386
and regional library district a library records commission	387
composed of the members and the fiscal officer of the board of	388
library trustees of the appropriate public library or library	389
district. The commission shall meet at least once every twelve	390
months.	391

The functions of the commission shall be to review	392
applications for one-time disposal of obsolete records and	393
schedules of records retention and disposition submitted by any	394
employee of the library. The commission may dispose of records	395
pursuant to the procedure outlined in ~~this~~ section 149.381 of the	396
Revised Code. The commission, at any time, may review any schedule	397
it has previously approved and, for good cause shown, may revise	398
that schedule under the procedure outlined in that section.	399

~~When the appropriate library records commission has approved~~	400
~~any library application for one-time disposal of obsolete records~~	401
~~or any schedule of records retention and disposition, the~~	402
~~commission shall send that application or schedule to the Ohio~~	403
~~historical society for its review. The Ohio historical society~~	404
~~shall review the application or schedule within a period of not~~	405
~~more than sixty days after its receipt of it. Upon completion of~~	406
~~its review, the Ohio historical society shall forward the~~	407
~~application for one-time disposal of obsolete records or the~~	408
~~schedule of records retention and disposition to the auditor of~~	409
~~state for the auditor's approval or disapproval. The auditor shall~~	410
~~approve or disapprove the application or schedule within a period~~	411
~~of not more than sixty days after receipt of it. Before public~~	412
~~records are to be disposed of, the commission shall inform the~~	413
~~Ohio historical society of the disposal through the submission of~~	414
~~a certificate of records disposal and shall give the society the~~	415
~~opportunity for a period of fifteen business days to select for~~	416
~~its custody those public records that it considers to be of~~	417
~~continuing historical value. The Ohio historical society may not~~	418
~~review or select for its custody any records pursuant to section~~	419
~~149.432 of the Revised Code.~~	420

Sec. 149.412. There is hereby created in each special taxing	421
district that is a public office as defined in section 149.011 of	422
the Revised Code and that is not specifically designated in	423
section 149.38, 149.39, 149.41, 149.411, or 149.42 of the Revised	424
Code a special taxing district records commission composed of, at	425
a minimum, the chairperson, a fiscal representative, and a legal	426
representative of the governing board of the special taxing	427
district. The commission shall meet at least once every twelve	428
months and upon the call of the chairperson.	429

The functions of the commission shall be to review	430
applications for one-time disposal of obsolete records and	431
schedules of records retention and disposition submitted by any	432
employee of the special taxing district. The commission may	433
dispose of records pursuant to the procedure outlined in ~~this~~	434
section 149.381 of the Revised Code. The commission, at any time,	435
may review any schedule it has previously approved and, for good	436
cause shown, may revise that schedule under the procedure outlined	437
in that section.	438

~~When the special taxing district records commission has~~	439
~~approved any special taxing district application for one-time~~	440
~~disposal of obsolete records or any schedule of records retention~~	441
~~and disposition, the commission shall send that application or~~	442
~~schedule to the Ohio historical society for its review. The Ohio~~	443
~~historical society shall review the application or schedule within~~	444
~~a period of not more than sixty days after its receipt of it. Upon~~	445
~~completion of its review, the Ohio historical society shall~~	446
~~forward the application for one-time disposal of obsolete records~~	447
~~or the schedule of records retention and disposition to the~~	448
~~auditor of state for the auditor's approval or disapproval. The~~	449
~~auditor shall approve or disapprove the application or schedule~~	450
~~within a period of not more than sixty days after receipt of it.~~	451
~~Before public records are to be disposed of, the commission shall~~	452
~~inform the Ohio historical society of the disposal through the~~	453
~~submission of a certificate of records disposal and shall give the~~	454
~~society the opportunity for a period of fifteen business days to~~	455
~~select for its custody those public records that it considers to~~	456
~~be of continuing historical value.~~	457

Sec. 149.42. There is hereby created in each township a	458
township records commission, composed of the chairperson of the	459
board of township trustees and the fiscal officer of the township.	460
The commission shall meet at least once every twelve months and	461
upon the call of the chairperson.	462

The function of the commission shall be to review	463
applications for one-time disposal of obsolete records and	464
schedules of records retention and disposition submitted by	465
township offices. The commission may dispose of records pursuant	466
to the procedure outlined in ~~this~~ section 149.381 of the Revised	467
Code. The commission, at any time, may review any schedule it has	468
previously approved and, for good cause shown, may revise that	469
schedule under the procedure outlined in that section.	470

~~When the township records commission has approved any~~	471
~~township application for one-time disposal of obsolete records or~~	472
~~any schedule of records retention and disposition, the commission~~	473
~~shall send that application or schedule to the Ohio historical~~	474
~~society for its review. The Ohio historical society shall review~~	475
~~the application or schedule within a period of not more than sixty~~	476
~~days after its receipt of it. Upon completion of its review, the~~	477
~~Ohio historical society shall forward the application for one-time~~	478
~~disposal of obsolete records or the schedule of records retention~~	479
~~and disposition to the auditor of state for the auditor's approval~~	480
~~or disapproval. The auditor shall approve or disapprove the~~	481
~~application or schedule within a period of not more than sixty~~	482
~~days after receipt of it. Before public records are to be disposed~~	483
~~of, the commission shall inform the Ohio historical society of the~~	484
~~disposal through the submission of a certificate of records~~	485
~~disposal and shall give the society the opportunity for a period~~	486
~~of fifteen business days to select for its custody those public~~	487
~~records that it considers to be of continuing historical value.~~	488

Sec. 307.801. Within ninety days after a county microfilming	489
board has been established, it shall hold its initial meeting at	490
such time as the secretary of the board determines. Thereafter,	491
the board shall meet annually on the ~~third~~second Monday in	492
January and at such other times and places as the secretary	493
determines. The secretary shall, within five days after receiving	494
a written request from any other member of the board, call the	495
board together for a meeting. A majority of the board constitutes	496
a quorum at any regular or special meeting.	497

The board may, by unanimous consent, adopt such rules as it	498
considers necessary for its operation, but no rule of the board	499
shall derogate the authority or responsibility of any elected	500
official.	501

Sec. 1901.41. (A) Notwithstanding ~~section~~sections 149.381	502
and 149.39 of the Revised Code and subject to division (E) of this	503
section, each municipal court, by rule, may order the destruction	504
or other disposition of the files of cases that have been finally	505
disposed of by the court for at least five years as follows:	506

(1) If a case has been finally disposed of for at least five	507
years, but less than fifteen years prior to the adoption of the	508
rule of court for destruction or other disposition of the files,	509
the court may order the files destroyed or otherwise disposed of	510
only if the court first complies with division (B)(1) of this	511
section;	512

(2) If a case has been finally disposed of for fifteen years	513
or more prior to the adoption of the rule of court for destruction	514
or other disposition of the files, the court may order the files	515
destroyed or otherwise disposed of without having copied or	516
reproduced the files prior to their destruction.	517

(B)(1) Except as otherwise provided in this division, all	518
files destroyed or otherwise disposed of under division (A)(1) of	519
this section shall be copied or reproduced prior to their	520
destruction or disposition in the manner and according to the	521
procedure prescribed in section 9.01 of the Revised Code. The	522
copies or reproductions of the files made pursuant to section 9.01	523
of the Revised Code shall be retained and preserved by the court	524
for a period of ten years after the destruction of the original	525
files in accordance with this section, after which the copies or	526
reproductions themselves may be destroyed or otherwise disposed	527
of.	528

Files destroyed or otherwise disposed of under division	529
(A)(1) of this section that are solely concerned with criminal	530
prosecutions for minor misdemeanor offenses or that are concerned	531
solely with minor misdemeanor traffic prosecutions do not have to	532
be copied or reproduced in any manner or under any procedure prior	533
to their destruction or disposition as provided in this section.	534

(2) Files destroyed or otherwise disposed of under division	535
(A)(2) of this section do not have to be copied or reproduced in	536
any manner or under any procedure prior to their destruction or	537
disposition.	538

(C) Nothing in this section permits or shall be construed as	539
permitting the destruction or other disposition of the files in	540
the Cleveland municipal court of cases involving the following	541
actions and proceedings:	542

(1) The sale of real property in an action to foreclose and	543
marshal all liens on the real property;	544

(2) The sale of real property in an action to foreclose a	545
mortgage on the real property;	546

(3) The determination of rights in the title to real property	547
either in the form of a creditor's bill or in any other action	548
intended to determine or adjudicate the right, title, and interest	549
of a person or persons in the ownership of a parcel or parcels of	550
real property or any interest therein.	551

(D) All dockets, indexes, journals, and cash books of the	552
court shall be retained and preserved by the court for at least	553
twenty-five years unless they are reproduced in the manner and	554
according to the procedure prescribed in section 9.01 of the	555
Revised Code, in which case the reproductions shall be retained	556
and preserved by the court at least until the expiration of the	557
twenty-five year period for which the originals would have had to	558
have been retained. Court dockets, indexes, journals, and cash	559
books, and all other court records also shall be subject to	560
destruction or other disposition under section ~~149.39~~149.381 of	561
the Revised Code.	562

(E) Notwithstanding ~~section~~sections 149.381 and 149.39 of	563
the Revised Code, each clerk of a municipal court shall retain	564
documentation regarding each criminal conviction and plea of	565
guilty involving a case that is or was before the court. The	566
documentation shall be in a form that is admissible as evidence in	567
a criminal proceeding as evidence of a prior conviction or that is	568
readily convertible to or producible in a form that is admissible	569
as evidence in a criminal proceeding as evidence of a prior	570
conviction and may be retained in any form authorized by section	571
9.01 of the Revised Code. The clerk shall retain this	572
documentation for a period of fifty years after the entry of	573
judgment in the case, except that documentation regarding cases	574
solely concerned with minor misdemeanor offenses or minor	575
misdemeanor traffic offenses shall be retained as provided in	576
divisions (A) and (B) of this section, and documentation regarding	577
other misdemeanor traffic offenses shall be retained for a period	578
of twenty-five years after the entry of judgment in the case. This	579
section shall apply to records currently retained and to records	580
created on or after September 23, 2004.	581

Sec. 3313.29. The treasurer of each board of education shall	582
keep an account of all school funds of the district. The treasurer	583
shall receive all vouchers for payments and disbursements made to	584
and by the board and preserve such vouchers for a period of ten	585
years unless copied or reproduced according to the procedure	586
prescribed in section 9.01 of the Revised Code. Thereafter, such	587
vouchers may be destroyed by the treasurer upon applying to and	588
obtaining an order from the school district records commission in	589
the manner prescribed by section ~~149.41~~149.381 of the Revised	590
Code, except that it shall not be necessary to copy or reproduce	591
such vouchers before their destruction. The treasurer shall render	592
a statement to the board and to the superintendent of the school	593
district, monthly, or more often if required, showing the revenues	594
and receipts from whatever sources derived, the various	595
appropriations made by the board, the expenditures and	596
disbursements therefrom, the purposes thereof, the balances	597
remaining in each appropriation, and the assets and liabilities of	598
the school district. At the end of the fiscal year such statement	599
shall be a complete exhibit of the financial affairs of the school	600
district which may be published and distributed with the approval	601
of the board. All monthly and yearly statements as required in	602
this section shall be available for examination by the public.	603

On request of the principal or other chief administrator of	604
any nonpublic school located within the school district's	605
territory, the treasurer shall provide such principal or	606
administrator with an account of the moneys received by the	607
district under division (I) of section 3317.024 of the Revised	608
Code as reported to the district's board in the treasurer's most	609
recent monthly statement.	610

Section 2. That existing sections 109.43, 149.351, 149.38,	611
149.39, 149.41, 149.411, 149.412, 149.42, 307.801, 1901.41, and	612
3313.29 of the Revised Code are hereby repealed.	613