As Passed by the Senate

129th General Assembly Regular Session 2011-2012

Sub. S. B. No. 61

Senator Wilson 

Cosponsors: Senators Wagoner, Cafaro, Grendell, Bacon, Seitz, Jordan, Jones, Daniels, Beagle, Manning, Hite, Oelslager 

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A BILL

To amend sections 149.43, 149.45, 2923.13, and

1

2923.14 of the Revised Code to specify that the

2

residential and familial information of probation

3

officers and bailiffs is not a public record; to

4

conform the restoration of civil firearm rights

5

with federal law and U.S. Supreme Court case law;

6

to eliminate the prohibition against persons with

7

certain misdemeanor drug offense convictions

8

acquiring or possessing firearms or dangerous

9

ordnance; and to allow restoration of civil

10

firearm rights for firearms that are dangerous

11

ordnance.

12

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

Section 1. That sections 149.43, 149.45, 2923.13, and 2923.14	13
of the Revised Code be amended to read as follows:	14

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

15

(1) "Public record" means records kept by any public office,	16
including, but not limited to, state, county, city, village,	17
township, and school district units, and records pertaining to the	18
delivery of educational services by an alternative school in this	19
state kept by the nonprofit or for-profit entity operating the	20
alternative school pursuant to section 3313.533 of the Revised	21
Code. "Public record" does not mean any of the following:	22

(a) Medical records;

23

(b) Records pertaining to probation and parole proceedings or	24
to proceedings related to the imposition of community control	25
sanctions and post-release control sanctions;	26

(c) Records pertaining to actions under section 2151.85 and	27
division (C) of section 2919.121 of the Revised Code and to	28
appeals of actions arising under those sections;	29

(d) Records pertaining to adoption proceedings, including the	30
contents of an adoption file maintained by the department of	31
health under section 3705.12 of the Revised Code;	32

(e) Information in a record contained in the putative father	33
registry established by section 3107.062 of the Revised Code,	34
regardless of whether the information is held by the department of	35
job and family services or, pursuant to section 3111.69 of the	36
Revised Code, the office of child support in the department or a	37
child support enforcement agency;	38

(f) Records listed in division (A) of section 3107.42 of the	39
Revised Code or specified in division (A) of section 3107.52 of	40
the Revised Code;	41

(g) Trial preparation records;

42

(h) Confidential law enforcement investigatory records;

43

(i) Records containing information that is confidential under	44
section 2710.03 or 4112.05 of the Revised Code;	45

(j) DNA records stored in the DNA database pursuant to	46
section 109.573 of the Revised Code;	47

(k) Inmate records released by the department of	48
rehabilitation and correction to the department of youth services	49
or a court of record pursuant to division (E) of section 5120.21	50
of the Revised Code;	51

(l) Records maintained by the department of youth services	52
pertaining to children in its custody released by the department	53
of youth services to the department of rehabilitation and	54
correction pursuant to section 5139.05 of the Revised Code;	55

(m) Intellectual property records;

56

(n) Donor profile records;

57

(o) Records maintained by the department of job and family	58
services pursuant to section 3121.894 of the Revised Code;	59

(p) Peace officer, parole officer, probation officer,	60
bailiff, prosecuting attorney, assistant prosecuting attorney,	61
correctional employee, youth services employee, firefighter, EMT,	62
or investigator of the bureau of criminal identification and	63
investigation residential and familial information;	64

(q) In the case of a county hospital operated pursuant to	65
Chapter 339. of the Revised Code or a municipal hospital operated	66
pursuant to Chapter 749. of the Revised Code, information that	67
constitutes a trade secret, as defined in section 1333.61 of the	68
Revised Code;	69

(r) Information pertaining to the recreational activities of	70
a person under the age of eighteen;	71

(s) Records provided to, statements made by review board	72
members during meetings of, and all work products of a child	73
fatality review board acting under sections 307.621 to 307.629 of	74
the Revised Code, and child fatality review data submitted by the	75
child fatality review board to the department of health or a	76
national child death review database, other than the report	77
prepared pursuant to division (A) of section 307.626 of the	78
Revised Code;	79

(t) Records provided to and statements made by the executive	80
director of a public children services agency or a prosecuting	81
attorney acting pursuant to section 5153.171 of the Revised Code	82
other than the information released under that section;	83

(u) Test materials, examinations, or evaluation tools used in	84
an examination for licensure as a nursing home administrator that	85
the board of examiners of nursing home administrators administers	86
under section 4751.04 of the Revised Code or contracts under that	87
section with a private or government entity to administer;	88

(v) Records the release of which is prohibited by state or	89
federal law;	90

(w) Proprietary information of or relating to any person that	91
is submitted to or compiled by the Ohio venture capital authority	92
created under section 150.01 of the Revised Code;	93

(x) Information reported and evaluations conducted pursuant	94
to section 3701.072 of the Revised Code;	95

(y) Financial statements and data any person submits for any	96
purpose to the Ohio housing finance agency or the controlling	97
board in connection with applying for, receiving, or accounting	98
for financial assistance from the agency, and information that	99
identifies any individual who benefits directly or indirectly from	100
financial assistance from the agency;	101

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

102

(aa) Discharges recorded with a county recorder under section	103
317.24 of the Revised Code, as specified in division (B)(2) of	104
that section.	105

(2) "Confidential law enforcement investigatory record" means	106
any record that pertains to a law enforcement matter of a	107
criminal, quasi-criminal, civil, or administrative nature, but	108
only to the extent that the release of the record would create a	109
high probability of disclosure of any of the following:	110

(a) The identity of a suspect who has not been charged with	111
the offense to which the record pertains, or of an information	112
source or witness to whom confidentiality has been reasonably	113
promised;	114

(b) Information provided by an information source or witness	115
to whom confidentiality has been reasonably promised, which	116
information would reasonably tend to disclose the source's or	117
witness's identity;	118

(c) Specific confidential investigatory techniques or	119
procedures or specific investigatory work product;	120

(d) Information that would endanger the life or physical	121
safety of law enforcement personnel, a crime victim, a witness, or	122
a confidential information source.	123

(3) "Medical record" means any document or combination of	124
documents, except births, deaths, and the fact of admission to or	125
discharge from a hospital, that pertains to the medical history,	126
diagnosis, prognosis, or medical condition of a patient and that	127
is generated and maintained in the process of medical treatment.	128

(4) "Trial preparation record" means any record that contains	129
information that is specifically compiled in reasonable	130
anticipation of, or in defense of, a civil or criminal action or	131
proceeding, including the independent thought processes and	132
personal trial preparation of an attorney.	133

(5) "Intellectual property record" means a record, other than	134
a financial or administrative record, that is produced or	135
collected by or for faculty or staff of a state institution of	136
higher learning in the conduct of or as a result of study or	137
research on an educational, commercial, scientific, artistic,	138
technical, or scholarly issue, regardless of whether the study or	139
research was sponsored by the institution alone or in conjunction	140
with a governmental body or private concern, and that has not been	141
publicly released, published, or patented.	142

(6) "Donor profile record" means all records about donors or	143
potential donors to a public institution of higher education	144
except the names and reported addresses of the actual donors and	145
the date, amount, and conditions of the actual donation.	146

(7) "Peace officer, parole officer, probation officer,	147
bailiff, prosecuting attorney, assistant prosecuting attorney,	148
correctional employee, youth services employee, firefighter, EMT,	149
or investigator of the bureau of criminal identification and	150
investigation residential and familial information" means any	151
information that discloses any of the following about a peace	152
officer, parole officer, probation officer, bailiff, prosecuting	153
attorney, assistant prosecuting attorney, correctional employee,	154
youth services employee, firefighter, EMT, or investigator of the	155
bureau of criminal identification and investigation:	156

(a) The address of the actual personal residence of a peace	157
officer, parole officer, probation officer, bailiff, assistant	158
prosecuting attorney, correctional employee, youth services	159
employee, firefighter, EMT, or an investigator of the bureau of	160
criminal identification and investigation, except for the state or	161
political subdivision in which the peace officer, parole officer,	162
probation officer, bailiff, assistant prosecuting attorney,	163
correctional employee, youth services employee, firefighter, EMT,	164
or investigator of the bureau of criminal identification and	165
investigation resides;	166

(b) Information compiled from referral to or participation in	167
an employee assistance program;	168

(c) The social security number, the residential telephone	169
number, any bank account, debit card, charge card, or credit card	170
number, or the emergency telephone number of, or any medical	171
information pertaining to, a peace officer, parole officer,	172
probation officer, bailiff, prosecuting attorney, assistant	173
prosecuting attorney, correctional employee, youth services	174
employee, firefighter, EMT, or investigator of the bureau of	175
criminal identification and investigation;	176

(d) The name of any beneficiary of employment benefits,	177
including, but not limited to, life insurance benefits, provided	178
to a peace officer, parole officer, probation officer, bailiff,	179
prosecuting attorney, assistant prosecuting attorney, correctional	180
employee, youth services employee, firefighter, EMT, or	181
investigator of the bureau of criminal identification and	182
investigation by the peace officer's, parole officer's, probation	183
officer's, bailiff's, prosecuting attorney's, assistant	184
prosecuting attorney's, correctional employee's, youth services	185
employee's, firefighter's, EMT's, or investigator of the bureau of	186
criminal identification and investigation's employer;	187

(e) The identity and amount of any charitable or employment	188
benefit deduction made by the peace officer's, parole officer's,	189
probation officer's, bailiff's, prosecuting attorney's, assistant	190
prosecuting attorney's, correctional employee's, youth services	191
employee's, firefighter's, EMT's, or investigator of the bureau of	192
criminal identification and investigation's employer from the	193
peace officer's, parole officer's, probation officer's,	194
bailiff's, prosecuting attorney's, assistant prosecuting	195
attorney's, correctional employee's, youth services employee's,	196
firefighter's, EMT's, or investigator of the bureau of criminal	197
identification and investigation's compensation unless the amount	198
of the deduction is required by state or federal law;	199

(f) The name, the residential address, the name of the	200
employer, the address of the employer, the social security number,	201
the residential telephone number, any bank account, debit card,	202
charge card, or credit card number, or the emergency telephone	203
number of the spouse, a former spouse, or any child of a peace	204
officer, parole officer, probation officer, bailiff, prosecuting	205
attorney, assistant prosecuting attorney, correctional employee,	206
youth services employee, firefighter, EMT, or investigator of the	207
bureau of criminal identification and investigation;	208

(g) A photograph of a peace officer who holds a position or	209
has an assignment that may include undercover or plain clothes	210
positions or assignments as determined by the peace officer's	211
appointing authority.	212

As used in divisions (A)(7) and (B)(9) of this section,	213
"peace officer" has the same meaning as in section 109.71 of the	214
Revised Code and also includes the superintendent and troopers of	215
the state highway patrol; it does not include the sheriff of a	216
county or a supervisory employee who, in the absence of the	217
sheriff, is authorized to stand in for, exercise the authority of,	218
and perform the duties of the sheriff.	219

As used in divisions (A)(7) and (B)(5) of this section,	220
"correctional employee" means any employee of the department of	221
rehabilitation and correction who in the course of performing the	222
employee's job duties has or has had contact with inmates and	223
persons under supervision.	224

As used in divisions (A)(7) and (B)(5) of this section,	225
"youth services employee" means any employee of the department of	226
youth services who in the course of performing the employee's job	227
duties has or has had contact with children committed to the	228
custody of the department of youth services.	229

As used in divisions (A)(7) and (B)(9) of this section,	230
"firefighter" means any regular, paid or volunteer, member of a	231
lawfully constituted fire department of a municipal corporation,	232
township, fire district, or village.	233

As used in divisions (A)(7) and (B)(9) of this section, "EMT"	234
means EMTs-basic, EMTs-I, and paramedics that provide emergency	235
medical services for a public emergency medical service	236
organization. "Emergency medical service organization,"	237
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in	238
section 4765.01 of the Revised Code.	239

As used in divisions (A)(7) and (B)(9) of this section,	240
"investigator of the bureau of criminal identification and	241
investigation" has the meaning defined in section 2903.11 of the	242
Revised Code.	243

(8) "Information pertaining to the recreational activities of	244
a person under the age of eighteen" means information that is kept	245
in the ordinary course of business by a public office, that	246
pertains to the recreational activities of a person under the age	247
of eighteen years, and that discloses any of the following:	248

(a) The address or telephone number of a person under the age	249
of eighteen or the address or telephone number of that person's	250
parent, guardian, custodian, or emergency contact person;	251

(b) The social security number, birth date, or photographic	252
image of a person under the age of eighteen;	253

(c) Any medical record, history, or information pertaining to	254
a person under the age of eighteen;	255

(d) Any additional information sought or required about a	256
person under the age of eighteen for the purpose of allowing that	257
person to participate in any recreational activity conducted or	258
sponsored by a public office or to use or obtain admission	259
privileges to any recreational facility owned or operated by a	260
public office.	261

(9) "Community control sanction" has the same meaning as in	262
section 2929.01 of the Revised Code.	263

(10) "Post-release control sanction" has the same meaning as	264
in section 2967.01 of the Revised Code.	265

(11) "Redaction" means obscuring or deleting any information	266
that is exempt from the duty to permit public inspection or	267
copying from an item that otherwise meets the definition of a	268
"record" in section 149.011 of the Revised Code.	269

(12) "Designee" and "elected official" have the same meanings	270
as in section 109.43 of the Revised Code.	271

(B)(1) Upon request and subject to division (B)(8) of this	272
section, all public records responsive to the request shall be	273
promptly prepared and made available for inspection to any person	274
at all reasonable times during regular business hours. Subject to	275
division (B)(8) of this section, upon request, a public office or	276
person responsible for public records shall make copies of the	277
requested public record available at cost and within a reasonable	278
period of time. If a public record contains information that is	279
exempt from the duty to permit public inspection or to copy the	280
public record, the public office or the person responsible for the	281
public record shall make available all of the information within	282
the public record that is not exempt. When making that public	283
record available for public inspection or copying that public	284
record, the public office or the person responsible for the public	285
record shall notify the requester of any redaction or make the	286
redaction plainly visible. A redaction shall be deemed a denial of	287
a request to inspect or copy the redacted information, except if	288
federal or state law authorizes or requires a public office to	289
make the redaction.	290

(2) To facilitate broader access to public records, a public	291
office or the person responsible for public records shall organize	292
and maintain public records in a manner that they can be made	293
available for inspection or copying in accordance with division	294
(B) of this section. A public office also shall have available a	295
copy of its current records retention schedule at a location	296
readily available to the public. If a requester makes an ambiguous	297
or overly broad request or has difficulty in making a request for	298
copies or inspection of public records under this section such	299
that the public office or the person responsible for the requested	300
public record cannot reasonably identify what public records are	301
being requested, the public office or the person responsible for	302
the requested public record may deny the request but shall provide	303
the requester with an opportunity to revise the request by	304
informing the requester of the manner in which records are	305
maintained by the public office and accessed in the ordinary	306
course of the public office's or person's duties.	307

(3) If a request is ultimately denied, in part or in whole,	308
the public office or the person responsible for the requested	309
public record shall provide the requester with an explanation,	310
including legal authority, setting forth why the request was	311
denied. If the initial request was provided in writing, the	312
explanation also shall be provided to the requester in writing.	313
The explanation shall not preclude the public office or the person	314
responsible for the requested public record from relying upon	315
additional reasons or legal authority in defending an action	316
commenced under division (C) of this section.	317

(4) Unless specifically required or authorized by state or	318
federal law or in accordance with division (B) of this section, no	319
public office or person responsible for public records may limit	320
or condition the availability of public records by requiring	321
disclosure of the requester's identity or the intended use of the	322
requested public record. Any requirement that the requester	323
disclose the requestor's identity or the intended use of the	324
requested public record constitutes a denial of the request.	325

(5) A public office or person responsible for public records	326
may ask a requester to make the request in writing, may ask for	327
the requester's identity, and may inquire about the intended use	328
of the information requested, but may do so only after disclosing	329
to the requester that a written request is not mandatory and that	330
the requester may decline to reveal the requester's identity or	331
the intended use and when a written request or disclosure of the	332
identity or intended use would benefit the requester by enhancing	333
the ability of the public office or person responsible for public	334
records to identify, locate, or deliver the public records sought	335
by the requester.	336

(6) If any person chooses to obtain a copy of a public record	337
in accordance with division (B) of this section, the public office	338
or person responsible for the public record may require that	339
person to pay in advance the cost involved in providing the copy	340
of the public record in accordance with the choice made by the	341
person seeking the copy under this division. The public office or	342
the person responsible for the public record shall permit that	343
person to choose to have the public record duplicated upon paper,	344
upon the same medium upon which the public office or person	345
responsible for the public record keeps it, or upon any other	346
medium upon which the public office or person responsible for the	347
public record determines that it reasonably can be duplicated as	348
an integral part of the normal operations of the public office or	349
person responsible for the public record. When the person seeking	350
the copy makes a choice under this division, the public office or	351
person responsible for the public record shall provide a copy of	352
it in accordance with the choice made by the person seeking the	353
copy. Nothing in this section requires a public office or person	354
responsible for the public record to allow the person seeking a	355
copy of the public record to make the copies of the public record.	356

(7) Upon a request made in accordance with division (B) of	357
this section and subject to division (B)(6) of this section, a	358
public office or person responsible for public records shall	359
transmit a copy of a public record to any person by United States	360
mail or by any other means of delivery or transmission within a	361
reasonable period of time after receiving the request for the	362
copy. The public office or person responsible for the public	363
record may require the person making the request to pay in advance	364
the cost of postage if the copy is transmitted by United States	365
mail or the cost of delivery if the copy is transmitted other than	366
by United States mail, and to pay in advance the costs incurred	367
for other supplies used in the mailing, delivery, or transmission.	368

Any public office may adopt a policy and procedures that it	369
will follow in transmitting, within a reasonable period of time	370
after receiving a request, copies of public records by United	371
States mail or by any other means of delivery or transmission	372
pursuant to this division. A public office that adopts a policy	373
and procedures under this division shall comply with them in	374
performing its duties under this division.	375

In any policy and procedures adopted under this division, a	376
public office may limit the number of records requested by a	377
person that the office will transmit by United States mail to ten	378
per month, unless the person certifies to the office in writing	379
that the person does not intend to use or forward the requested	380
records, or the information contained in them, for commercial	381
purposes. For purposes of this division, "commercial" shall be	382
narrowly construed and does not include reporting or gathering	383
news, reporting or gathering information to assist citizen	384
oversight or understanding of the operation or activities of	385
government, or nonprofit educational research.	386

(8) A public office or person responsible for public records	387
is not required to permit a person who is incarcerated pursuant to	388
a criminal conviction or a juvenile adjudication to inspect or to	389
obtain a copy of any public record concerning a criminal	390
investigation or prosecution or concerning what would be a	391
criminal investigation or prosecution if the subject of the	392
investigation or prosecution were an adult, unless the request to	393
inspect or to obtain a copy of the record is for the purpose of	394
acquiring information that is subject to release as a public	395
record under this section and the judge who imposed the sentence	396
or made the adjudication with respect to the person, or the	397
judge's successor in office, finds that the information sought in	398
the public record is necessary to support what appears to be a	399
justiciable claim of the person.	400

(9) Upon written request made and signed by a journalist on	401
or after December 16, 1999, a public office, or person responsible	402
for public records, having custody of the records of the agency	403
employing a specified peace officer, parole officer, probation	404
officer, bailiff, prosecuting attorney, assistant prosecuting	405
attorney, correctional employee, youth services employee,	406
firefighter, EMT, or investigator of the bureau of criminal	407
identification and investigation shall disclose to the journalist	408
the address of the actual personal residence of the peace officer,	409
parole officer, probation officer, bailiff, prosecuting attorney,	410
assistant prosecuting attorney, correctional employee, youth	411
services employee, firefighter, EMT, or investigator of the bureau	412
of criminal identification and investigation and, if the peace	413
officer's, parole officer's, probation officer's, bailiff's,	414
prosecuting attorney's, assistant prosecuting attorney's,	415
correctional employee's, youth services employee's, firefighter's,	416
EMT's, or investigator of the bureau of criminal identification	417
and investigation's spouse, former spouse, or child is employed by	418
a public office, the name and address of the employer of the peace	419
officer's, parole officer's, probation officer's, bailiff's,	420
prosecuting attorney's, assistant prosecuting attorney's,	421
correctional employee's, youth services employee's, firefighter's,	422
EMT's, or investigator of the bureau of criminal identification	423
and investigation's spouse, former spouse, or child. The request	424
shall include the journalist's name and title and the name and	425
address of the journalist's employer and shall state that	426
disclosure of the information sought would be in the public	427
interest.	428

As used in this division, "journalist" means a person engaged	429
in, connected with, or employed by any news medium, including a	430
newspaper, magazine, press association, news agency, or wire	431
service, a radio or television station, or a similar medium, for	432
the purpose of gathering, processing, transmitting, compiling,	433
editing, or disseminating information for the general public.	434

(C)(1) If a person allegedly is aggrieved by the failure of a	435
public office or the person responsible for public records to	436
promptly prepare a public record and to make it available to the	437
person for inspection in accordance with division (B) of this	438
section or by any other failure of a public office or the person	439
responsible for public records to comply with an obligation in	440
accordance with division (B) of this section, the person allegedly	441
aggrieved may commence a mandamus action to obtain a judgment that	442
orders the public office or the person responsible for the public	443
record to comply with division (B) of this section, that awards	444
court costs and reasonable attorney's fees to the person that	445
instituted the mandamus action, and, if applicable, that includes	446
an order fixing statutory damages under division (C)(1) of this	447
section. The mandamus action may be commenced in the court of	448
common pleas of the county in which division (B) of this section	449
allegedly was not complied with, in the supreme court pursuant to	450
its original jurisdiction under Section 2 of Article IV, Ohio	451
Constitution, or in the court of appeals for the appellate	452
district in which division (B) of this section allegedly was not	453
complied with pursuant to its original jurisdiction under Section	454
3 of Article IV, Ohio Constitution.	455

If a requestor transmits a written request by hand delivery	456
or certified mail to inspect or receive copies of any public	457
record in a manner that fairly describes the public record or	458
class of public records to the public office or person responsible	459
for the requested public records, except as otherwise provided in	460
this section, the requestor shall be entitled to recover the	461
amount of statutory damages set forth in this division if a court	462
determines that the public office or the person responsible for	463
public records failed to comply with an obligation in accordance	464
with division (B) of this section.	465

The amount of statutory damages shall be fixed at one hundred	466
dollars for each business day during which the public office or	467
person responsible for the requested public records failed to	468
comply with an obligation in accordance with division (B) of this	469
section, beginning with the day on which the requester files a	470
mandamus action to recover statutory damages, up to a maximum of	471
one thousand dollars. The award of statutory damages shall not be	472
construed as a penalty, but as compensation for injury arising	473
from lost use of the requested information. The existence of this	474
injury shall be conclusively presumed. The award of statutory	475
damages shall be in addition to all other remedies authorized by	476
this section.	477

The court may reduce an award of statutory damages or not	478
award statutory damages if the court determines both of the	479
following:	480

(a) That, based on the ordinary application of statutory law	481
and case law as it existed at the time of the conduct or	482
threatened conduct of the public office or person responsible for	483
the requested public records that allegedly constitutes a failure	484
to comply with an obligation in accordance with division (B) of	485
this section and that was the basis of the mandamus action, a	486
well-informed public office or person responsible for the	487
requested public records reasonably would believe that the conduct	488
or threatened conduct of the public office or person responsible	489
for the requested public records did not constitute a failure to	490
comply with an obligation in accordance with division (B) of this	491
section;	492

(b) That a well-informed public office or person responsible	493
for the requested public records reasonably would believe that the	494
conduct or threatened conduct of the public office or person	495
responsible for the requested public records would serve the	496
public policy that underlies the authority that is asserted as	497
permitting that conduct or threatened conduct.	498

(2)(a) If the court issues a writ of mandamus that orders the	499
public office or the person responsible for the public record to	500
comply with division (B) of this section and determines that the	501
circumstances described in division (C)(1) of this section exist,	502
the court shall determine and award to the relator all court	503
costs.	504

(b) If the court renders a judgment that orders the public	505
office or the person responsible for the public record to comply	506
with division (B) of this section, the court may award reasonable	507
attorney's fees subject to reduction as described in division	508
(C)(2)(c) of this section. The court shall award reasonable	509
attorney's fees, subject to reduction as described in division	510
(C)(2)(c) of this section when either of the following applies:	511

(i) The public office or the person responsible for the	512
public records failed to respond affirmatively or negatively to	513
the public records request in accordance with the time allowed	514
under division (B) of this section.	515

(ii) The public office or the person responsible for the	516
public records promised to permit the relator to inspect or	517
receive copies of the public records requested within a specified	518
period of time but failed to fulfill that promise within that	519
specified period of time.	520

(c) Court costs and reasonable attorney's fees awarded under	521
this section shall be construed as remedial and not punitive.	522
Reasonable attorney's fees shall include reasonable fees incurred	523
to produce proof of the reasonableness and amount of the fees and	524
to otherwise litigate entitlement to the fees. The court may	525
reduce an award of attorney's fees to the relator or not award	526
attorney's fees to the relator if the court determines both of the	527
following:	528

(i) That, based on the ordinary application of statutory law	529
and case law as it existed at the time of the conduct or	530
threatened conduct of the public office or person responsible for	531
the requested public records that allegedly constitutes a failure	532
to comply with an obligation in accordance with division (B) of	533
this section and that was the basis of the mandamus action, a	534
well-informed public office or person responsible for the	535
requested public records reasonably would believe that the conduct	536
or threatened conduct of the public office or person responsible	537
for the requested public records did not constitute a failure to	538
comply with an obligation in accordance with division (B) of this	539
section;	540

(ii) That a well-informed public office or person responsible	541
for the requested public records reasonably would believe that the	542
conduct or threatened conduct of the public office or person	543
responsible for the requested public records as described in	544
division (C)(2)(c)(i) of this section would serve the public	545
policy that underlies the authority that is asserted as permitting	546
that conduct or threatened conduct.	547

(D) Chapter 1347. of the Revised Code does not limit the	548
provisions of this section.	549

(E)(1) To ensure that all employees of public offices are	550
appropriately educated about a public office's obligations under	551
division (B) of this section, all elected officials or their	552
appropriate designees shall attend training approved by the	553
attorney general as provided in section 109.43 of the Revised	554
Code. In addition, all public offices shall adopt a public records	555
policy in compliance with this section for responding to public	556
records requests. In adopting a public records policy under this	557
division, a public office may obtain guidance from the model	558
public records policy developed and provided to the public office	559
by the attorney general under section 109.43 of the Revised Code.	560
Except as otherwise provided in this section, the policy may not	561
limit the number of public records that the public office will	562
make available to a single person, may not limit the number of	563
public records that it will make available during a fixed period	564
of time, and may not establish a fixed period of time before it	565
will respond to a request for inspection or copying of public	566
records, unless that period is less than eight hours.	567

(2) The public office shall distribute the public records	568
policy adopted by the public office under division (E)(1) of this	569
section to the employee of the public office who is the records	570
custodian or records manager or otherwise has custody of the	571
records of that office. The public office shall require that	572
employee to acknowledge receipt of the copy of the public records	573
policy. The public office shall create a poster that describes its	574
public records policy and shall post the poster in a conspicuous	575
place in the public office and in all locations where the public	576
office has branch offices. The public office may post its public	577
records policy on the internet web site of the public office if	578
the public office maintains an internet web site. A public office	579
that has established a manual or handbook of its general policies	580
and procedures for all employees of the public office shall	581
include the public records policy of the public office in the	582
manual or handbook.	583

(F)(1) The bureau of motor vehicles may adopt rules pursuant	584
to Chapter 119. of the Revised Code to reasonably limit the number	585
of bulk commercial special extraction requests made by a person	586
for the same records or for updated records during a calendar	587
year. The rules may include provisions for charges to be made for	588
bulk commercial special extraction requests for the actual cost of	589
the bureau, plus special extraction costs, plus ten per cent. The	590
bureau may charge for expenses for redacting information, the	591
release of which is prohibited by law.	592

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

593

(a) "Actual cost" means the cost of depleted supplies,	594
records storage media costs, actual mailing and alternative	595
delivery costs, or other transmitting costs, and any direct	596
equipment operating and maintenance costs, including actual costs	597
paid to private contractors for copying services.	598

(b) "Bulk commercial special extraction request" means a	599
request for copies of a record for information in a format other	600
than the format already available, or information that cannot be	601
extracted without examination of all items in a records series,	602
class of records, or data base by a person who intends to use or	603
forward the copies for surveys, marketing, solicitation, or resale	604
for commercial purposes. "Bulk commercial special extraction	605
request" does not include a request by a person who gives	606
assurance to the bureau that the person making the request does	607
not intend to use or forward the requested copies for surveys,	608
marketing, solicitation, or resale for commercial purposes.	609

(c) "Commercial" means profit-seeking production, buying, or	610
selling of any good, service, or other product.	611

(d) "Special extraction costs" means the cost of the time	612
spent by the lowest paid employee competent to perform the task,	613
the actual amount paid to outside private contractors employed by	614
the bureau, or the actual cost incurred to create computer	615
programs to make the special extraction. "Special extraction	616
costs" include any charges paid to a public agency for computer or	617
records services.	618

(3) For purposes of divisions (F)(1) and (2) of this section,	619
"surveys, marketing, solicitation, or resale for commercial	620
purposes" shall be narrowly construed and does not include	621
reporting or gathering news, reporting or gathering information to	622
assist citizen oversight or understanding of the operation or	623
activities of government, or nonprofit educational research.	624

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

625

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

626

(a) An individual's social security number;

627

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

628

(c) An individual's driver's license number or state	629
identification number;	630

(d) An individual's checking account number, savings account	631
number, or credit card number.	632

(2) "Public record" and "peace officer, parole officer,	633
probation officer, bailiff, prosecuting attorney, assistant	634
prosecuting attorney, correctional employee, youth services	635
employee, firefighter, EMT, or investigator of the bureau of	636
criminal identification and investigation residential and familial	637
information" have the same meanings as in section 149.43 of the	638
Revised Code.	639

(3) "Truncate" means to redact all but the last four digits	640
of an individual's social security number.	641

(B)(1) No public office or person responsible for a public	642
office's public records shall make available to the general public	643
on the internet any document that contains an individual's social	644
security number without otherwise redacting, encrypting, or	645
truncating the social security number.	646

(2) A public office or person responsible for a public	647
office's public records that prior to the effective date of this	648
section made available to the general public on the internet any	649
document that contains an individual's social security number	650
shall redact, encrypt, or truncate the social security number from	651
that document.	652

(3) Divisions (B)(1) and (2) of this section do not apply to	653
documents that are only accessible through the internet with a	654
password.	655

(C)(1) An individual may request that a public office or a	656
person responsible for a public office's public records redact	657
personal information of that individual from any record made	658
available to the general public on the internet. An individual who	659
makes a request for redaction pursuant to this division shall make	660
the request in writing on a form developed by the attorney general	661
and shall specify the personal information to be redacted and	662
provide any information that identifies the location of that	663
personal information within a document that contains that personal	664
information.	665

(2) Upon receiving a request for a redaction pursuant to	666
division (C)(1) of this section, a public office or a person	667
responsible for a public office's public records shall act within	668
five business days in accordance with the request to redact the	669
personal information of the individual from any record made	670
available to the general public on the internet, if practicable.	671
If a redaction is not practicable, the public office or person	672
responsible for the public office's public records shall verbally	673
or in writing within five business days after receiving the	674
written request explain to the individual why the redaction is	675
impracticable.	676

(3) The attorney general shall develop a form to be used by	677
an individual to request a redaction pursuant to division (C)(1)	678
of this section. The form shall include a place to provide any	679
information that identifies the location of the personal	680
information to be redacted.	681

(D)(1) A peace officer, parole officer, probation officer,	682
bailiff, prosecuting attorney, assistant prosecuting attorney,	683
correctional employee, youth services employee, firefighter, EMT,	684
or investigator of the bureau of criminal identification and	685
investigation may request that a public office other than a county	686
auditor or a person responsible for the public records of a public	687
office other than a county auditor redact the address of the	688
person making the request from any record made available to the	689
general public on the internet that includes peace officer, parole	690
officer, probation officer, bailiff, prosecuting attorney,	691
assistant prosecuting attorney, correctional employee, youth	692
services employee, firefighter, EMT, or investigator of the bureau	693
of criminal identification and investigation residential and	694
familial information of the person making the request. A person	695
who makes a request for a redaction pursuant to this division	696
shall make the request in writing and on a form developed by the	697
attorney general.	698

(2) Upon receiving a written request for a redaction pursuant	699
to division (D)(1) of this section, a public office other than a	700
county auditor or a person responsible for the public records of a	701
public office other than a county auditor shall act within five	702
business days in accordance with the request to redact the address	703
of the peace officer, parole officer, probation officer, bailiff,	704
prosecuting attorney, assistant prosecuting attorney, correctional	705
employee, youth services employee, firefighter, EMT, or	706
investigator of the bureau of criminal identification and	707
investigation making the request from any record made available to	708
the general public on the internet that includes peace officer,	709
parole officer, probation officer, bailiff, prosecuting attorney,	710
assistant prosecuting attorney, correctional employee, youth	711
services employee, firefighter, EMT, or investigator of the bureau	712
of criminal identification and investigation residential and	713
familial information of the person making the request, if	714
practicable. If a redaction is not practicable, the public office	715
or person responsible for the public office's public records shall	716
verbally or in writing within five business days after receiving	717
the written request explain to the peace officer, parole officer,	718
probation officer, bailiff, prosecuting attorney, assistant	719
prosecuting attorney, correctional employee, youth services	720
employee, firefighter, EMT, or investigator of the bureau of	721
criminal identification and investigation why the redaction is	722
impracticable.	723

(3) Except as provided in this section and section 319.28 of	724
the Revised Code, a public office other than an employer of a	725
peace officer, parole officer, probation officer, bailiff,	726
prosecuting attorney, assistant prosecuting attorney, correctional	727
employee, youth services employee, firefighter, EMT, or	728
investigator of the bureau of criminal identification and	729
investigation or a person responsible for the public records of	730
the employer is not required to redact the residential and	731
familial information of the peace officer, parole officer,	732
probation officer, bailiff, prosecuting attorney, assistant	733
prosecuting attorney, correctional employee, youth services	734
employee, firefighter, EMT, or investigator of the bureau of	735
criminal identification and investigation from other records	736
maintained by the public office.	737

(4) The attorney general shall develop a form to be used by a	738
peace officer, parole officer, probation officer, bailiff,	739
prosecuting attorney, assistant prosecuting attorney, correctional	740
employee, youth services employee, firefighter, EMT, or	741
investigator of the bureau of criminal identification and	742
investigation to request a redaction pursuant to division (D)(1)	743
of this section. The form shall include a place to provide any	744
information that identifies the location of the address of a peace	745
officer, parole officer, probation officer, bailiff, prosecuting	746
attorney, assistant prosecuting attorney, correctional employee,	747
youth services employee, firefighter, EMT, or investigator of the	748
bureau of criminal identification and investigation to be	749
redacted.	750

(E)(1) If a public office or a person responsible for a	751
public office's public records becomes aware that an electronic	752
record of that public office that is made available to the general	753
public on the internet contains an individual's social security	754
number that was mistakenly not redacted, encrypted, or truncated	755
as required by division (B)(1) or (2) of this section, the public	756
office or person responsible for the public office's public	757
records shall redact, encrypt, or truncate the individual's social	758
security number within a reasonable period of time.	759

(2) A public office or a person responsible for a public	760
office's public records is not liable in damages in a civil action	761
for any harm an individual allegedly sustains as a result of the	762
inclusion of that individual's personal information on any record	763
made available to the general public on the internet or any harm a	764
peace officer, parole officer, probation officer, bailiff,	765
prosecuting attorney, assistant prosecuting attorney, correctional	766
employee, youth services employee, firefighter, EMT, or	767
investigator of the bureau of criminal identification and	768
investigation sustains as a result of the inclusion of the address	769
of the peace officer, parole officer, probation officer, bailiff,	770
prosecuting attorney, assistant prosecuting attorney, correctional	771
employee, youth services employee, firefighter, EMT, or	772
investigator of the bureau of criminal identification and	773
investigation on any record made available to the general public	774
on the internet in violation of this section unless the public	775
office or person responsible for the public office's public	776
records acted with malicious purpose, in bad faith, or in a wanton	777
or reckless manner or division (A)(6)(a) or (c) of section 2744.03	778
of the Revised Code applies.	779

Sec. 2923.13.  (A) Unless relieved from disability as	780
provided in section 2923.14 of the Revised Code, no person shall	781
knowingly acquire, have, carry, or use any firearm or dangerous	782
ordnance, if any of the following apply:	783

(1) The person is a fugitive from justice.

784

(2) The person is under indictment for or has been convicted	785
of any felony offense of violence or has been adjudicated a	786
delinquent child for the commission of an offense that, if	787
committed by an adult, would have been a felony offense of	788
violence.	789

(3) The person is under indictment for or has been convicted	790
of any felony offense involving the illegal possession, use, sale,	791
administration, distribution, or trafficking in any drug of abuse	792
or has been adjudicated a delinquent child for the commission of	793
an offense that, if committed by an adult, would have been ana	794
felony offense involving the illegal possession, use, sale,	795
administration, distribution, or trafficking in any drug of abuse.	796

(4) The person is drug dependent, in danger of drug	797
dependence, or a chronic alcoholic.	798

(5) The person is under adjudication of mental incompetence,	799
has been adjudicated as a mental defective, has been committed to	800
a mental institution, has been found by a court to be a mentally	801
ill person subject to hospitalization by court order, or is an	802
involuntary patient other than one who is a patient only for	803
purposes of observation. As used in this division, "mentally ill	804
person subject to hospitalization by court order" and "patient"	805
have the same meanings as in section 5122.01 of the Revised Code.	806

(B) Whoever violates this section is guilty of having weapons	807
while under disability, a felony of the third degree.	808

Sec. 2923.14.  (A) Any person who, solely by reason of the	809
person's disability under division (A)(2) or (3) of section	810
2923.13 of the Revised Code, is prohibited from acquiring, having,	811
carrying, or using firearms, may apply to the court of common	812
pleas in the county in which the person resides for relief from	813
such prohibition.	814

(B) The application shall recite the following:

815

(1) All indictments, convictions, or adjudications upon which	816
the applicant's disability is based, the sentence imposed and	817
served, and any release granted under a community control	818
sanction, post-release control sanction, or parole, any partial or	819
conditional pardon granted, or other disposition of each case, or,	820
if the disability is based upon a factor other than an indictment,	821
a conviction, or an adjudication, the factor upon which the	822
disability is based and all details related to that factor;	823

(2) Facts showing the applicant to be a fit subject for	824
relief under this section.	825

(C) A copy of the application shall be served on the county	826
prosecutor. The county prosecutor shall cause the matter to be	827
investigated and shall raise before the court any objections to	828
granting relief that the investigation reveals.	829

(D) Upon hearing, the court may grant the applicant relief	830
pursuant to this section, if all of the following apply:	831

(1) TheOne of the following applies:

832

(a) If the disability is based upon an indictment, a	833
conviction, or an adjudication, the applicant has been fully	834
discharged from imprisonment, community control, post-release	835
control, and parole, or, if the applicant is under indictment, has	836
been released on bail or recognizance.	837

(b) If the disability is based upon a factor other than an	838
indictment, a conviction, or an adjudication, that factor no	839
longer is applicable to the applicant.	840

(2) The applicant has led a law-abiding life since discharge	841
or release, and appears likely to continue to do so.	842

(3) The applicant is not otherwise prohibited by law from	843
acquiring, having, or using firearms.	844

(E) Costs of the proceeding shall be charged as in other	845
civil cases, and taxed to the applicant.	846

(F) Relief from disability granted pursuant to this section	847
restores the applicant to all civil firearm rights to the full	848
extent enjoyed by any citizen, and is subject to the following	849
conditions:	850

(1) Applies only with respect to indictments, convictions, or	851
adjudications, or to the other factor, recited in the application	852
as the basis for the applicant's disability;	853

(2) Applies only with respect to firearms lawfully acquired,	854
possessed, carried, or used by the applicant;	855

(3) Does not apply with respect to dangerous ordnance;

856

(4) May be revoked by the court at any time for good cause	857
shown and upon notice to the applicant;	858

(5)(4) Is automatically void upon commission by the applicant	859
of any offense set forth in division (A)(2) or (3) of section	860
2923.13 of the Revised Code, or upon the applicant's becoming one	861
of the class of persons named in division (A)(1), (4), or (5) of	862
that section.	863

(G) As used in this section:

864

(1) "Community control sanction" has the same meaning as in	865
section 2929.01 of the Revised Code.	866

(2) "Post-release control" and "post-release control	867
sanction" have the same meanings as in section 2967.01 of the	868
Revised Code.	869

Section 2. That existing sections 149.43, 149.45, 2923.13,	870
and 2923.14 of the Revised Code are hereby repealed.	871

Section 3. It is the intent of the General Assembly in	872
amending section 2923.14 of the Revised Code to apply the	873
amendments to that section retroactively to any restoration of	874
rights granted previously to any applicant under section 2923.14	875
of the Revised Code or under any previous version of that section.	876
The General Assembly is explicitly making this amendment to	877
clarify that relief from a weapons disability granted under	878
section 2923.14 of the Revised Code restores a person's civil	879
firearm rights to such an extent that the uniform federal ban on	880
possessing any firearms at all, 18 U.S.C. 922(g)(1), does not	881
apply to that person, in correlation with the U.S. Supreme Court's	882
interpretation of 18 U.S.C. 921(a)(20) in Caron v. U.S. (1998),	883
524 U.S. 308.	884