As Introduced

129th General Assembly Regular Session 2011-2012

S. B. No. 226

Senator LaRose 

Cosponsors: Senators Burke, Balderson, Seitz, Hite, Patton 

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A BILL

To amend section 149.43 of the Revised Code to exempt

1

from disclosure under the Public Records Act any

2

videotape or other visual media taken by law

3

enforcement personnel that shows the killing of a

4

peace officer, except under certain circumstances.

5

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

Section 1. That section 149.43 of the Revised Code be amended	6
to read as follows:	7

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

8

(1) "Public record" means records kept by any public office,	9
including, but not limited to, state, county, city, village,	10
township, and school district units, and records pertaining to the	11
delivery of educational services by an alternative school in this	12
state kept by the nonprofit or for-profit entity operating the	13
alternative school pursuant to section 3313.533 of the Revised	14
Code. "Public record" does not mean any of the following:	15

(a) Medical records;

16

(b) Records pertaining to probation and parole proceedings or	17
to proceedings related to the imposition of community control	18
sanctions and post-release control sanctions;	19

(c) Records pertaining to actions under section 2151.85 and	20
division (C) of section 2919.121 of the Revised Code and to	21
appeals of actions arising under those sections;	22

(d) Records pertaining to adoption proceedings, including the	23
contents of an adoption file maintained by the department of	24
health under section 3705.12 of the Revised Code;	25

(e) Information in a record contained in the putative father	26
registry established by section 3107.062 of the Revised Code,	27
regardless of whether the information is held by the department of	28
job and family services or, pursuant to section 3111.69 of the	29
Revised Code, the office of child support in the department or a	30
child support enforcement agency;	31

(f) Records listed in division (A) of section 3107.42 of the	32
Revised Code or specified in division (A) of section 3107.52 of	33
the Revised Code;	34

(g) Trial preparation records;

35

(h) Confidential law enforcement investigatory records;

36

(i) Records containing information that is confidential under	37
section 2710.03 or 4112.05 of the Revised Code;	38

(j) DNA records stored in the DNA database pursuant to	39
section 109.573 of the Revised Code;	40

(k) Inmate records released by the department of	41
rehabilitation and correction to the department of youth services	42
or a court of record pursuant to division (E) of section 5120.21	43
of the Revised Code;	44

(l) Records maintained by the department of youth services	45
pertaining to children in its custody released by the department	46
of youth services to the department of rehabilitation and	47
correction pursuant to section 5139.05 of the Revised Code;	48

(m) Intellectual property records;

49

(n) Donor profile records;

50

(o) Records maintained by the department of job and family	51
services pursuant to section 3121.894 of the Revised Code;	52

(p) Peace officer, parole officer, probation officer,	53
bailiff, prosecuting attorney, assistant prosecuting attorney,	54
correctional employee, youth services employee, firefighter, EMT,	55
or investigator of the bureau of criminal identification and	56
investigation residential and familial information;	57

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

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

(s) Records provided to, statements made by review board	65
members during meetings of, and all work products of a child	66
fatality review board acting under sections 307.621 to 307.629 of	67
the Revised Code, and child fatality review data submitted by the	68
child fatality review board to the department of health or a	69
national child death review database, other than the report	70
prepared pursuant to division (A) of section 307.626 of the	71
Revised Code;	72

(t) Records provided to and statements made by the executive	73
director of a public children services agency or a prosecuting	74
attorney acting pursuant to section 5153.171 of the Revised Code	75
other than the information released under that section;	76

(u) Test materials, examinations, or evaluation tools used in	77
an examination for licensure as a nursing home administrator that	78
the board of examiners of nursing home administrators administers	79
under section 4751.04 of the Revised Code or contracts under that	80
section with a private or government entity to administer;	81

(v) Records the release of which is prohibited by state or	82
federal law;	83

(w) Proprietary information of or relating to any person that	84
is submitted to or compiled by the Ohio venture capital authority	85
created under section 150.01 of the Revised Code;	86

(x) Information reported and evaluations conducted pursuant	87
to section 3701.072 of the Revised Code;	88

(y) Financial statements and data any person submits for any	89
purpose to the Ohio housing finance agency or the controlling	90
board in connection with applying for, receiving, or accounting	91
for financial assistance from the agency, and information that	92
identifies any individual who benefits directly or indirectly from	93
financial assistance from the agency;	94

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

95

(aa) Discharges recorded with a county recorder under section	96
317.24 of the Revised Code, as specified in division (B)(2) of	97
that section;	98

(bb) Usage information including names and addresses of	99
specific residential and commercial customers of a municipally	100
owned or operated public utility.	101

(2) "Confidential law enforcement investigatory record" means	102
anyeither of the following:	103

(a) Any record that pertains to a law enforcement matter of a	104
criminal, quasi-criminal, civil, or administrative nature, but	105
only to the extent that the release of the record would create a	106
high probability of disclosure of any of the following:	107

(a)(i) The identity of a suspect who has not been charged	108
with the offense to which the record pertains, or of an	109
information source or witness to whom confidentiality has been	110
reasonably promised;	111

(b)(ii) Information provided by an information source or	112
witness to whom confidentiality has been reasonably promised,	113
which information would reasonably tend to disclose the source's	114
or witness's identity;	115

(c)(iii) Specific confidential investigatory techniques or	116
procedures or specific investigatory work product;	117

(d)(iv) Information that would endanger the life or physical	118
safety of law enforcement personnel, a crime victim, a witness, or	119
a confidential information source.	120

(b) Any videotape or other visual media taken by law	121
enforcement personnel that shows the killing of a peace officer,	122
except that such videotape or other visual media shall be released	123
in the following situations:	124

(i) In accordance with a subpoena, search warrant, or other	125
court order;	126

(ii) To a law enforcement officer who is acting in the scope	127
of the officer's law enforcement duties and who is investigating a	128
matter involving the killing of the peace officer;	129

(iii) To any other person who requests such videotape or	130
other visual media under division (B) of this section, but the	131
videotape or other visual media may only be inspected by that	132
person in the public office and in the presence of the person who	133
is responsible for the videotape or other visual media, and no	134
copy of the videotape or other visual media shall be made for or	135
provided to the person requesting it.	136

(3) "Medical record" means any document or combination of	137
documents, except births, deaths, and the fact of admission to or	138
discharge from a hospital, that pertains to the medical history,	139
diagnosis, prognosis, or medical condition of a patient and that	140
is generated and maintained in the process of medical treatment.	141

(4) "Trial preparation record" means any record that contains	142
information that is specifically compiled in reasonable	143
anticipation of, or in defense of, a civil or criminal action or	144
proceeding, including the independent thought processes and	145
personal trial preparation of an attorney.	146

(5) "Intellectual property record" means a record, other than	147
a financial or administrative record, that is produced or	148
collected by or for faculty or staff of a state institution of	149
higher learning in the conduct of or as a result of study or	150
research on an educational, commercial, scientific, artistic,	151
technical, or scholarly issue, regardless of whether the study or	152
research was sponsored by the institution alone or in conjunction	153
with a governmental body or private concern, and that has not been	154
publicly released, published, or patented.	155

(6) "Donor profile record" means all records about donors or	156
potential donors to a public institution of higher education	157
except the names and reported addresses of the actual donors and	158
the date, amount, and conditions of the actual donation.	159

(7) "Peace officer, parole officer, probation officer,	160
bailiff, prosecuting attorney, assistant prosecuting attorney,	161
correctional employee, youth services employee, firefighter, EMT,	162
or investigator of the bureau of criminal identification and	163
investigation residential and familial information" means any	164
information that discloses any of the following about a peace	165
officer, parole officer, probation officer, bailiff, prosecuting	166
attorney, assistant prosecuting attorney, correctional employee,	167
youth services employee, firefighter, EMT, or investigator of the	168
bureau of criminal identification and investigation:	169

(a) The address of the actual personal residence of a peace	170
officer, parole officer, probation officer, bailiff, assistant	171
prosecuting attorney, correctional employee, youth services	172
employee, firefighter, EMT, or an investigator of the bureau of	173
criminal identification and investigation, except for the state or	174
political subdivision in which the peace officer, parole officer,	175
probation officer, bailiff, assistant prosecuting attorney,	176
correctional employee, youth services employee, firefighter, EMT,	177
or investigator of the bureau of criminal identification and	178
investigation resides;	179

(b) Information compiled from referral to or participation in	180
an employee assistance program;	181

(c) The social security number, the residential telephone	182
number, any bank account, debit card, charge card, or credit card	183
number, or the emergency telephone number of, or any medical	184
information pertaining to, a peace officer, parole officer,	185
probation officer, bailiff, prosecuting attorney, assistant	186
prosecuting attorney, correctional employee, youth services	187
employee, firefighter, EMT, or investigator of the bureau of	188
criminal identification and investigation;	189

(d) The name of any beneficiary of employment benefits,	190
including, but not limited to, life insurance benefits, provided	191
to a peace officer, parole officer, probation officer, bailiff,	192
prosecuting attorney, assistant prosecuting attorney, correctional	193
employee, youth services employee, firefighter, EMT, or	194
investigator of the bureau of criminal identification and	195
investigation by the peace officer's, parole officer's, probation	196
officer's, bailiff's, prosecuting attorney's, assistant	197
prosecuting attorney's, correctional employee's, youth services	198
employee's, firefighter's, EMT's, or investigator of the bureau of	199
criminal identification and investigation's employer;	200

(e) The identity and amount of any charitable or employment	201
benefit deduction made by the peace officer's, parole officer's,	202
probation officer's, bailiff's, prosecuting attorney's, assistant	203
prosecuting attorney's, correctional employee's, youth services	204
employee's, firefighter's, EMT's, or investigator of the bureau of	205
criminal identification and investigation's employer from the	206
peace officer's, parole officer's, probation officer's, bailiff's,	207
prosecuting attorney's, assistant prosecuting attorney's,	208
correctional employee's, youth services employee's, firefighter's,	209
EMT's, or investigator of the bureau of criminal identification	210
and investigation's compensation unless the amount of the	211
deduction is required by state or federal law;	212

(f) The name, the residential address, the name of the	213
employer, the address of the employer, the social security number,	214
the residential telephone number, any bank account, debit card,	215
charge card, or credit card number, or the emergency telephone	216
number of the spouse, a former spouse, or any child of a peace	217
officer, parole officer, probation officer, bailiff, prosecuting	218
attorney, assistant prosecuting attorney, correctional employee,	219
youth services employee, firefighter, EMT, or investigator of the	220
bureau of criminal identification and investigation;	221

(g) A photograph of a peace officer who holds a position or	222
has an assignment that may include undercover or plain clothes	223
positions or assignments as determined by the peace officer's	224
appointing authority.	225

As used in divisions (A)(2), (A)(7), and (B)(9) of this	226
section, "peace officer" has the same meaning as in section 109.71	227
of the Revised Code and also includes the superintendent and	228
troopers of the state highway patrol; it does not include the	229
sheriff of a county or a supervisory employee who, in the absence	230
of the sheriff, is authorized to stand in for, exercise the	231
authority of, and perform the duties of the sheriff.	232

As used in divisions (A)(7) and (B)(5) of this section,	233
"correctional employee" means any employee of the department of	234
rehabilitation and correction who in the course of performing the	235
employee's job duties has or has had contact with inmates and	236
persons under supervision.	237

As used in divisions (A)(7) and (B)(5) of this section,	238
"youth services employee" means any employee of the department of	239
youth services who in the course of performing the employee's job	240
duties has or has had contact with children committed to the	241
custody of the department of youth services.	242

As used in divisions (A)(7) and (B)(9) of this section,	243
"firefighter" means any regular, paid or volunteer, member of a	244
lawfully constituted fire department of a municipal corporation,	245
township, fire district, or village.	246

As used in divisions (A)(7) and (B)(9) of this section, "EMT"	247
means EMTs-basic, EMTs-I, and paramedics that provide emergency	248
medical services for a public emergency medical service	249
organization. "Emergency medical service organization,"	250
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in	251
section 4765.01 of the Revised Code.	252

As used in divisions (A)(7) and (B)(9) of this section,	253
"investigator of the bureau of criminal identification and	254
investigation" has the meaning defined in section 2903.11 of the	255
Revised Code.	256

(8) "Information pertaining to the recreational activities of	257
a person under the age of eighteen" means information that is kept	258
in the ordinary course of business by a public office, that	259
pertains to the recreational activities of a person under the age	260
of eighteen years, and that discloses any of the following:	261

(a) The address or telephone number of a person under the age	262
of eighteen or the address or telephone number of that person's	263
parent, guardian, custodian, or emergency contact person;	264

(b) The social security number, birth date, or photographic	265
image of a person under the age of eighteen;	266

(c) Any medical record, history, or information pertaining to	267
a person under the age of eighteen;	268

(d) Any additional information sought or required about a	269
person under the age of eighteen for the purpose of allowing that	270
person to participate in any recreational activity conducted or	271
sponsored by a public office or to use or obtain admission	272
privileges to any recreational facility owned or operated by a	273
public office.	274

(9) "Community control sanction" has the same meaning as in	275
section 2929.01 of the Revised Code.	276

(10) "Post-release control sanction" has the same meaning as	277
in section 2967.01 of the Revised Code.	278

(11) "Redaction" means obscuring or deleting any information	279
that is exempt from the duty to permit public inspection or	280
copying from an item that otherwise meets the definition of a	281
"record" in section 149.011 of the Revised Code.	282

(12) "Designee" and "elected official" have the same meanings	283
as in section 109.43 of the Revised Code.	284

(B)(1) Upon request and subject to division (B)(8) of this	285
section, all public records responsive to the request shall be	286
promptly prepared and made available for inspection to any person	287
at all reasonable times during regular business hours. Subject to	288
division (B)(8) of this section, upon request, a public office or	289
person responsible for public records shall make copies of the	290
requested public record available at cost and within a reasonable	291
period of time. If a public record contains information that is	292
exempt from the duty to permit public inspection or to copy the	293
public record, the public office or the person responsible for the	294
public record shall make available all of the information within	295
the public record that is not exempt. When making that public	296
record available for public inspection or copying that public	297
record, the public office or the person responsible for the public	298
record shall notify the requester of any redaction or make the	299
redaction plainly visible. A redaction shall be deemed a denial of	300
a request to inspect or copy the redacted information, except if	301
federal or state law authorizes or requires a public office to	302
make the redaction.	303

(2) To facilitate broader access to public records, a public	304
office or the person responsible for public records shall organize	305
and maintain public records in a manner that they can be made	306
available for inspection or copying in accordance with division	307
(B) of this section. A public office also shall have available a	308
copy of its current records retention schedule at a location	309
readily available to the public. If a requester makes an ambiguous	310
or overly broad request or has difficulty in making a request for	311
copies or inspection of public records under this section such	312
that the public office or the person responsible for the requested	313
public record cannot reasonably identify what public records are	314
being requested, the public office or the person responsible for	315
the requested public record may deny the request but shall provide	316
the requester with an opportunity to revise the request by	317
informing the requester of the manner in which records are	318
maintained by the public office and accessed in the ordinary	319
course of the public office's or person's duties.	320

(3) If a request is ultimately denied, in part or in whole,	321
the public office or the person responsible for the requested	322
public record shall provide the requester with an explanation,	323
including legal authority, setting forth why the request was	324
denied. If the initial request was provided in writing, the	325
explanation also shall be provided to the requester in writing.	326
The explanation shall not preclude the public office or the person	327
responsible for the requested public record from relying upon	328
additional reasons or legal authority in defending an action	329
commenced under division (C) of this section.	330

(4) Unless specifically required or authorized by state or	331
federal law or in accordance with division (B) of this section, no	332
public office or person responsible for public records may limit	333
or condition the availability of public records by requiring	334
disclosure of the requester's identity or the intended use of the	335
requested public record. Any requirement that the requester	336
disclose the requestor's identity or the intended use of the	337
requested public record constitutes a denial of the request.	338

(5) A public office or person responsible for public records	339
may ask a requester to make the request in writing, may ask for	340
the requester's identity, and may inquire about the intended use	341
of the information requested, but may do so only after disclosing	342
to the requester that a written request is not mandatory and that	343
the requester may decline to reveal the requester's identity or	344
the intended use and when a written request or disclosure of the	345
identity or intended use would benefit the requester by enhancing	346
the ability of the public office or person responsible for public	347
records to identify, locate, or deliver the public records sought	348
by the requester.	349

(6) If any person chooses to obtain a copy of a public record	350
in accordance with division (B) of this section, the public office	351
or person responsible for the public record may require that	352
person to pay in advance the cost involved in providing the copy	353
of the public record in accordance with the choice made by the	354
person seeking the copy under this division. The public office or	355
the person responsible for the public record shall permit that	356
person to choose to have the public record duplicated upon paper,	357
upon the same medium upon which the public office or person	358
responsible for the public record keeps it, or upon any other	359
medium upon which the public office or person responsible for the	360
public record determines that it reasonably can be duplicated as	361
an integral part of the normal operations of the public office or	362
person responsible for the public record. When the person seeking	363
the copy makes a choice under this division, the public office or	364
person responsible for the public record shall provide a copy of	365
it in accordance with the choice made by the person seeking the	366
copy. Nothing in this section requires a public office or person	367
responsible for the public record to allow the person seeking a	368
copy of the public record to make the copies of the public record.	369

(7) Upon a request made in accordance with division (B) of	370
this section and subject to division (B)(6) of this section, a	371
public office or person responsible for public records shall	372
transmit a copy of a public record to any person by United States	373
mail or by any other means of delivery or transmission within a	374
reasonable period of time after receiving the request for the	375
copy. The public office or person responsible for the public	376
record may require the person making the request to pay in advance	377
the cost of postage if the copy is transmitted by United States	378
mail or the cost of delivery if the copy is transmitted other than	379
by United States mail, and to pay in advance the costs incurred	380
for other supplies used in the mailing, delivery, or transmission.	381

Any public office may adopt a policy and procedures that it	382
will follow in transmitting, within a reasonable period of time	383
after receiving a request, copies of public records by United	384
States mail or by any other means of delivery or transmission	385
pursuant to this division. A public office that adopts a policy	386
and procedures under this division shall comply with them in	387
performing its duties under this division.	388

In any policy and procedures adopted under this division, a	389
public office may limit the number of records requested by a	390
person that the office will transmit by United States mail to ten	391
per month, unless the person certifies to the office in writing	392
that the person does not intend to use or forward the requested	393
records, or the information contained in them, for commercial	394
purposes. For purposes of this division, "commercial" shall be	395
narrowly construed and does not include reporting or gathering	396
news, reporting or gathering information to assist citizen	397
oversight or understanding of the operation or activities of	398
government, or nonprofit educational research.	399

(8) A public office or person responsible for public records	400
is not required to permit a person who is incarcerated pursuant to	401
a criminal conviction or a juvenile adjudication to inspect or to	402
obtain a copy of any public record concerning a criminal	403
investigation or prosecution or concerning what would be a	404
criminal investigation or prosecution if the subject of the	405
investigation or prosecution were an adult, unless the request to	406
inspect or to obtain a copy of the record is for the purpose of	407
acquiring information that is subject to release as a public	408
record under this section and the judge who imposed the sentence	409
or made the adjudication with respect to the person, or the	410
judge's successor in office, finds that the information sought in	411
the public record is necessary to support what appears to be a	412
justiciable claim of the person.	413

(9)(a) Upon written request made and signed by a journalist	414
on or after December 16, 1999, a public office, or person	415
responsible for public records, having custody of the records of	416
the agency employing a specified peace officer, parole officer,	417
probation officer, bailiff, prosecuting attorney, assistant	418
prosecuting attorney, correctional employee, youth services	419
employee, firefighter, EMT, or investigator of the bureau of	420
criminal identification and investigation shall disclose to the	421
journalist the address of the actual personal residence of the	422
peace officer, parole officer, probation officer, bailiff,	423
prosecuting attorney, assistant prosecuting attorney, correctional	424
employee, youth services employee, firefighter, EMT, or	425
investigator of the bureau of criminal identification and	426
investigation and, if the peace officer's, parole officer's,	427
probation officer's, bailiff's, prosecuting attorney's, assistant	428
prosecuting attorney's, correctional employee's, youth services	429
employee's, firefighter's, EMT's, or investigator of the bureau of	430
criminal identification and investigation's spouse, former spouse,	431
or child is employed by a public office, the name and address of	432
the employer of the peace officer's, parole officer's, probation	433
officer's, bailiff's, prosecuting attorney's, assistant	434
prosecuting attorney's, correctional employee's, youth services	435
employee's, firefighter's, EMT's, or investigator of the bureau of	436
criminal identification and investigation's spouse, former spouse,	437
or child. The request shall include the journalist's name and	438
title and the name and address of the journalist's employer and	439
shall state that disclosure of the information sought would be in	440
the public interest.	441

(b) Division (B)(9)(a) of this section also applies to	442
journalist requests for customer information maintained by a	443
municipally owned or operated public utility, other than social	444
security numbers and any private financial information such as	445
credit reports, payment methods, credit card numbers, and bank	446
account information.	447

(c) As used in division (B)(9) of this section, "journalist"	448
means a person engaged in, connected with, or employed by any news	449
medium, including a newspaper, magazine, press association, news	450
agency, or wire service, a radio or television station, or a	451
similar medium, for the purpose of gathering, processing,	452
transmitting, compiling, editing, or disseminating information for	453
the general public.	454

(C)(1) If a person allegedly is aggrieved by the failure of a	455
public office or the person responsible for public records to	456
promptly prepare a public record and to make it available to the	457
person for inspection in accordance with division (B) of this	458
section or by any other failure of a public office or the person	459
responsible for public records to comply with an obligation in	460
accordance with division (B) of this section, the person allegedly	461
aggrieved may commence a mandamus action to obtain a judgment that	462
orders the public office or the person responsible for the public	463
record to comply with division (B) of this section, that awards	464
court costs and reasonable attorney's fees to the person that	465
instituted the mandamus action, and, if applicable, that includes	466
an order fixing statutory damages under division (C)(1) of this	467
section. The mandamus action may be commenced in the court of	468
common pleas of the county in which division (B) of this section	469
allegedly was not complied with, in the supreme court pursuant to	470
its original jurisdiction under Section 2 of Article IV, Ohio	471
Constitution, or in the court of appeals for the appellate	472
district in which division (B) of this section allegedly was not	473
complied with pursuant to its original jurisdiction under Section	474
3 of Article IV, Ohio Constitution.	475

If a requestor transmits a written request by hand delivery	476
or certified mail to inspect or receive copies of any public	477
record in a manner that fairly describes the public record or	478
class of public records to the public office or person responsible	479
for the requested public records, except as otherwise provided in	480
this section, the requestor shall be entitled to recover the	481
amount of statutory damages set forth in this division if a court	482
determines that the public office or the person responsible for	483
public records failed to comply with an obligation in accordance	484
with division (B) of this section.	485

The amount of statutory damages shall be fixed at one hundred	486
dollars for each business day during which the public office or	487
person responsible for the requested public records failed to	488
comply with an obligation in accordance with division (B) of this	489
section, beginning with the day on which the requester files a	490
mandamus action to recover statutory damages, up to a maximum of	491
one thousand dollars. The award of statutory damages shall not be	492
construed as a penalty, but as compensation for injury arising	493
from lost use of the requested information. The existence of this	494
injury shall be conclusively presumed. The award of statutory	495
damages shall be in addition to all other remedies authorized by	496
this section.	497

The court may reduce an award of statutory damages or not	498
award statutory damages if the court determines both of the	499
following:	500

(a) That, based on the ordinary application of statutory law	501
and case law as it existed at the time of the conduct or	502
threatened conduct of the public office or person responsible for	503
the requested public records that allegedly constitutes a failure	504
to comply with an obligation in accordance with division (B) of	505
this section and that was the basis of the mandamus action, a	506
well-informed public office or person responsible for the	507
requested public records reasonably would believe that the conduct	508
or threatened conduct of the public office or person responsible	509
for the requested public records did not constitute a failure to	510
comply with an obligation in accordance with division (B) of this	511
section;	512

(b) That a well-informed public office or person responsible	513
for the requested public records reasonably would believe that the	514
conduct or threatened conduct of the public office or person	515
responsible for the requested public records would serve the	516
public policy that underlies the authority that is asserted as	517
permitting that conduct or threatened conduct.	518

(2)(a) If the court issues a writ of mandamus that orders the	519
public office or the person responsible for the public record to	520
comply with division (B) of this section and determines that the	521
circumstances described in division (C)(1) of this section exist,	522
the court shall determine and award to the relator all court	523
costs.	524

(b) If the court renders a judgment that orders the public	525
office or the person responsible for the public record to comply	526
with division (B) of this section, the court may award reasonable	527
attorney's fees subject to reduction as described in division	528
(C)(2)(c) of this section. The court shall award reasonable	529
attorney's fees, subject to reduction as described in division	530
(C)(2)(c) of this section when either of the following applies:	531

(i) The public office or the person responsible for the	532
public records failed to respond affirmatively or negatively to	533
the public records request in accordance with the time allowed	534
under division (B) of this section.	535

(ii) The public office or the person responsible for the	536
public records promised to permit the relator to inspect or	537
receive copies of the public records requested within a specified	538
period of time but failed to fulfill that promise within that	539
specified period of time.	540

(c) Court costs and reasonable attorney's fees awarded under	541
this section shall be construed as remedial and not punitive.	542
Reasonable attorney's fees shall include reasonable fees incurred	543
to produce proof of the reasonableness and amount of the fees and	544
to otherwise litigate entitlement to the fees. The court may	545
reduce an award of attorney's fees to the relator or not award	546
attorney's fees to the relator if the court determines both of the	547
following:	548

(i) That, based on the ordinary application of statutory law	549
and case law as it existed at the time of the conduct or	550
threatened conduct of the public office or person responsible for	551
the requested public records that allegedly constitutes a failure	552
to comply with an obligation in accordance with division (B) of	553
this section and that was the basis of the mandamus action, a	554
well-informed public office or person responsible for the	555
requested public records reasonably would believe that the conduct	556
or threatened conduct of the public office or person responsible	557
for the requested public records did not constitute a failure to	558
comply with an obligation in accordance with division (B) of this	559
section;	560

(ii) That a well-informed public office or person responsible	561
for the requested public records reasonably would believe that the	562
conduct or threatened conduct of the public office or person	563
responsible for the requested public records as described in	564
division (C)(2)(c)(i) of this section would serve the public	565
policy that underlies the authority that is asserted as permitting	566
that conduct or threatened conduct.	567

(D) Chapter 1347. of the Revised Code does not limit the	568
provisions of this section.	569

(E)(1) To ensure that all employees of public offices are	570
appropriately educated about a public office's obligations under	571
division (B) of this section, all elected officials or their	572
appropriate designees shall attend training approved by the	573
attorney general as provided in section 109.43 of the Revised	574
Code. In addition, all public offices shall adopt a public records	575
policy in compliance with this section for responding to public	576
records requests. In adopting a public records policy under this	577
division, a public office may obtain guidance from the model	578
public records policy developed and provided to the public office	579
by the attorney general under section 109.43 of the Revised Code.	580
Except as otherwise provided in this section, the policy may not	581
limit the number of public records that the public office will	582
make available to a single person, may not limit the number of	583
public records that it will make available during a fixed period	584
of time, and may not establish a fixed period of time before it	585
will respond to a request for inspection or copying of public	586
records, unless that period is less than eight hours.	587

(2) The public office shall distribute the public records	588
policy adopted by the public office under division (E)(1) of this	589
section to the employee of the public office who is the records	590
custodian or records manager or otherwise has custody of the	591
records of that office. The public office shall require that	592
employee to acknowledge receipt of the copy of the public records	593
policy. The public office shall create a poster that describes its	594
public records policy and shall post the poster in a conspicuous	595
place in the public office and in all locations where the public	596
office has branch offices. The public office may post its public	597
records policy on the internet web site of the public office if	598
the public office maintains an internet web site. A public office	599
that has established a manual or handbook of its general policies	600
and procedures for all employees of the public office shall	601
include the public records policy of the public office in the	602
manual or handbook.	603

(F)(1) The bureau of motor vehicles may adopt rules pursuant	604
to Chapter 119. of the Revised Code to reasonably limit the number	605
of bulk commercial special extraction requests made by a person	606
for the same records or for updated records during a calendar	607
year. The rules may include provisions for charges to be made for	608
bulk commercial special extraction requests for the actual cost of	609
the bureau, plus special extraction costs, plus ten per cent. The	610
bureau may charge for expenses for redacting information, the	611
release of which is prohibited by law.	612

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

613

(a) "Actual cost" means the cost of depleted supplies,	614
records storage media costs, actual mailing and alternative	615
delivery costs, or other transmitting costs, and any direct	616
equipment operating and maintenance costs, including actual costs	617
paid to private contractors for copying services.	618

(b) "Bulk commercial special extraction request" means a	619
request for copies of a record for information in a format other	620
than the format already available, or information that cannot be	621
extracted without examination of all items in a records series,	622
class of records, or data base by a person who intends to use or	623
forward the copies for surveys, marketing, solicitation, or resale	624
for commercial purposes. "Bulk commercial special extraction	625
request" does not include a request by a person who gives	626
assurance to the bureau that the person making the request does	627
not intend to use or forward the requested copies for surveys,	628
marketing, solicitation, or resale for commercial purposes.	629

(c) "Commercial" means profit-seeking production, buying, or	630
selling of any good, service, or other product.	631

(d) "Special extraction costs" means the cost of the time	632
spent by the lowest paid employee competent to perform the task,	633
the actual amount paid to outside private contractors employed by	634
the bureau, or the actual cost incurred to create computer	635
programs to make the special extraction. "Special extraction	636
costs" include any charges paid to a public agency for computer or	637
records services.	638

(3) For purposes of divisions (F)(1) and (2) of this section,	639
"surveys, marketing, solicitation, or resale for commercial	640
purposes" shall be narrowly construed and does not include	641
reporting or gathering news, reporting or gathering information to	642
assist citizen oversight or understanding of the operation or	643
activities of government, or nonprofit educational research.	644

Section 2. That existing section 149.43 of the Revised Code	645
is hereby repealed.	646

Section 3.  Section 149.43 of the Revised Code is presented	647
in this act as a composite of the section as amended by both Sub.	648
H.B. 64 and Am. Sub. H.B. 153 of the 129th General Assembly. The	649
General Assembly, applying the principle stated in division (B) of	650
section 1.52 of the Revised Code that amendments are to be	651
harmonized if reasonably capable of simultaneous operation, finds	652
that the composite is the resulting version of the section in	653
effect prior to the effective date of the section as presented in	654
this act.	655