As Introduced

130th General Assembly Regular Session 2013-2014

H. B. No. 321

Representatives Duffey, Hagan, C. 

Cosponsors: Representatives Amstutz, Blair, Henne, Landis, Roegner, Schuring, Sears, Stinziano, Terhar, Bishoff 

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A BILL

To amend section 149.43 and to enact section 149.62

1

of the Revised Code to create the DataOhio Board,

2

and to specify requirements for posting public

3

records online.

4

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

Section 1. That section 149.43 be amended and section 149.62	5
of the Revised Code be enacted to read as follows:	6

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

7

(1) "Public record" means records kept by any public office,	8
including, but not limited to, state, county, city, village,	9
township, and school district units, and records pertaining to the	10
delivery of educational services by an alternative school in this	11
state kept by the nonprofit or for-profit entity operating the	12
alternative school pursuant to section 3313.533 of the Revised	13
Code. "Public record" does not mean any of the following:	14

(a) Medical records;

15

(b) Records pertaining to probation and parole proceedings or	16
to proceedings related to the imposition of community control	17
sanctions and post-release control sanctions;	18

(c) Records pertaining to actions under section 2151.85 and	19
division (C) of section 2919.121 of the Revised Code and to	20
appeals of actions arising under those sections;	21

(d) Records pertaining to adoption proceedings, including the	22
contents of an adoption file maintained by the department of	23
health under section 3705.12 of the Revised Code;	24

(e) Information in a record contained in the putative father	25
registry established by section 3107.062 of the Revised Code,	26
regardless of whether the information is held by the department of	27
job and family services or, pursuant to section 3111.69 of the	28
Revised Code, the office of child support in the department or a	29
child support enforcement agency;	30

(f) Records listed in division (A) of section 3107.42 of the	31
Revised Code or specified in division (A) of section 3107.52 of	32
the Revised Code;	33

(g) Trial preparation records;

34

(h) Confidential law enforcement investigatory records;

35

(i) Records containing information that is confidential under	36
section 2710.03 or 4112.05 of the Revised Code;	37

(j) DNA records stored in the DNA database pursuant to	38
section 109.573 of the Revised Code;	39

(k) Inmate records released by the department of	40
rehabilitation and correction to the department of youth services	41
or a court of record pursuant to division (E) of section 5120.21	42
of the Revised Code;	43

(l) Records maintained by the department of youth services	44
pertaining to children in its custody released by the department	45
of youth services to the department of rehabilitation and	46
correction pursuant to section 5139.05 of the Revised Code;	47

(m) Intellectual property records;

48

(n) Donor profile records;

49

(o) Records maintained by the department of job and family	50
services pursuant to section 3121.894 of the Revised Code;	51

(p) Peace officer, parole officer, probation officer,	52
bailiff, prosecuting attorney, assistant prosecuting attorney,	53
correctional employee, community-based correctional facility	54
employee, youth services employee, firefighter, EMT, or	55
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 executives of long-term services and supports	79
administers under section 4751.04 of the Revised Code or contracts	80
under that section with a private or government entity to	81
administer;	82

(v) Records the release of which is prohibited by state or	83
federal law;	84

(w) Proprietary information of or relating to any person that	85
is submitted to or compiled by the Ohio venture capital authority	86
created under section 150.01 of the Revised Code;	87

(x) Financial statements and data any person submits for any	88
purpose to the Ohio housing finance agency or the controlling	89
board in connection with applying for, receiving, or accounting	90
for financial assistance from the agency, and information that	91
identifies any individual who benefits directly or indirectly from	92
financial assistance from the agency;	93

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

94

(z) Discharges recorded with a county recorder under section	95
317.24 of the Revised Code, as specified in division (B)(2) of	96
that section;	97

(aa) Usage information including names and addresses of	98
specific residential and commercial customers of a municipally	99
owned or operated public utility;	100

(bb) Records described in division (C) of section 187.04 of	101
the Revised Code that are not designated to be made available to	102
the public as provided in that division.	103

(2) "Confidential law enforcement investigatory record" means	104
any record that pertains to a law enforcement matter of a	105
criminal, quasi-criminal, civil, or administrative nature, but	106
only to the extent that the release of the record would create a	107
high probability of disclosure of any of the following:	108

(a) The identity of a suspect who has not been charged with	109
the offense to which the record pertains, or of an information	110
source or witness to whom confidentiality has been reasonably	111
promised;	112

(b) Information provided by an information source or witness	113
to whom confidentiality has been reasonably promised, which	114
information would reasonably tend to disclose the source's or	115
witness's identity;	116

(c) Specific confidential investigatory techniques or	117
procedures or specific investigatory work product;	118

(d) Information that would endanger the life or physical	119
safety of law enforcement personnel, a crime victim, a witness, or	120
a confidential information source.	121

(3) "Medical record" means any document or combination of	122
documents, except births, deaths, and the fact of admission to or	123
discharge from a hospital, that pertains to the medical history,	124
diagnosis, prognosis, or medical condition of a patient and that	125
is generated and maintained in the process of medical treatment.	126

(4) "Trial preparation record" means any record that contains	127
information that is specifically compiled in reasonable	128
anticipation of, or in defense of, a civil or criminal action or	129
proceeding, including the independent thought processes and	130
personal trial preparation of an attorney.	131

(5) "Intellectual property record" means a record, other than	132
a financial or administrative record, that is produced or	133
collected by or for faculty or staff of a state institution of	134
higher learning in the conduct of or as a result of study or	135
research on an educational, commercial, scientific, artistic,	136
technical, or scholarly issue, regardless of whether the study or	137
research was sponsored by the institution alone or in conjunction	138
with a governmental body or private concern, and that has not been	139
publicly released, published, or patented.	140

(6) "Donor profile record" means all records about donors or	141
potential donors to a public institution of higher education	142
except the names and reported addresses of the actual donors and	143
the date, amount, and conditions of the actual donation.	144

(7) "Peace officer, parole officer, probation officer,	145
bailiff, prosecuting attorney, assistant prosecuting attorney,	146
correctional employee, community-based correctional facility	147
employee, youth services employee, firefighter, EMT, or	148
investigator of the bureau of criminal identification and	149
investigation residential and familial information" means any	150
information that discloses any of the following about a peace	151
officer, parole officer, probation officer, bailiff, prosecuting	152
attorney, assistant prosecuting attorney, correctional employee,	153
community-based correctional facility employee, youth services	154
employee, firefighter, EMT, or investigator of the bureau of	155
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, community-based	159
correctional facility employee, youth services employee,	160
firefighter, EMT, or an investigator of the bureau of criminal	161
identification and investigation, except for the state or	162
political subdivision in which the peace officer, parole officer,	163
probation officer, bailiff, assistant prosecuting attorney,	164
correctional employee, community-based correctional facility	165
employee, youth services employee, firefighter, EMT, or	166
investigator of the bureau of criminal identification and	167
investigation resides;	168

(b) Information compiled from referral to or participation in	169
an employee assistance program;	170

(c) The social security number, the residential telephone	171
number, any bank account, debit card, charge card, or credit card	172
number, or the emergency telephone number of, or any medical	173
information pertaining to, a peace officer, parole officer,	174
probation officer, bailiff, prosecuting attorney, assistant	175
prosecuting attorney, correctional employee, community-based	176
correctional facility employee, youth services employee,	177
firefighter, EMT, or investigator of the bureau of criminal	178
identification and investigation;	179

(d) The name of any beneficiary of employment benefits,	180
including, but not limited to, life insurance benefits, provided	181
to a peace officer, parole officer, probation officer, bailiff,	182
prosecuting attorney, assistant prosecuting attorney, correctional	183
employee, community-based correctional facility employee, youth	184
services employee, firefighter, EMT, or investigator of the bureau	185
of criminal identification and investigation by the peace	186
officer's, parole officer's, probation officer's, bailiff's,	187
prosecuting attorney's, assistant prosecuting attorney's,	188
correctional employee's, community-based correctional facility	189
employee's, youth services employee's, firefighter's, EMT's, or	190
investigator of the bureau of criminal identification and	191
investigation's employer;	192

(e) The identity and amount of any charitable or employment	193
benefit deduction made by the peace officer's, parole officer's,	194
probation officer's, bailiff's, prosecuting attorney's, assistant	195
prosecuting attorney's, correctional employee's, community-based	196
correctional facility employee's, youth services employee's,	197
firefighter's, EMT's, or investigator of the bureau of criminal	198
identification and investigation's employer from the peace	199
officer's, parole officer's, probation officer's, bailiff's,	200
prosecuting attorney's, assistant prosecuting attorney's,	201
correctional employee's, community-based correctional facility	202
employee's, youth services employee's, firefighter's, EMT's, or	203
investigator of the bureau of criminal identification and	204
investigation's compensation unless the amount of the deduction is	205
required by state or federal law;	206

(f) The name, the residential address, the name of the	207
employer, the address of the employer, the social security number,	208
the residential telephone number, any bank account, debit card,	209
charge card, or credit card number, or the emergency telephone	210
number of the spouse, a former spouse, or any child of a peace	211
officer, parole officer, probation officer, bailiff, prosecuting	212
attorney, assistant prosecuting attorney, correctional employee,	213
community-based correctional facility employee, youth services	214
employee, firefighter, EMT, or investigator of the bureau of	215
criminal identification and investigation;	216

(g) A photograph of a peace officer who holds a position or	217
has an assignment that may include undercover or plain clothes	218
positions or assignments as determined by the peace officer's	219
appointing authority.	220

As used in divisions (A)(7) and (B)(9) of this section,	221
"peace officer" has the same meaning as in section 109.71 of the	222
Revised Code and also includes the superintendent and troopers of	223
the state highway patrol; it does not include the sheriff of a	224
county or a supervisory employee who, in the absence of the	225
sheriff, is authorized to stand in for, exercise the authority of,	226
and perform the duties of the sheriff.	227

As used in divisions (A)(7) and (B)(5) of this section,	228
"correctional employee" means any employee of the department of	229
rehabilitation and correction who in the course of performing the	230
employee's job duties has or has had contact with inmates and	231
persons under supervision.	232

As used in divisions (A)(7) and (B)(5) of this section,	233
"youth services employee" means any employee of the department of	234
youth services who in the course of performing the employee's job	235
duties has or has had contact with children committed to the	236
custody of the department of youth services.	237

As used in divisions (A)(7) and (B)(9) of this section,	238
"firefighter" means any regular, paid or volunteer, member of a	239
lawfully constituted fire department of a municipal corporation,	240
township, fire district, or village.	241

As used in divisions (A)(7) and (B)(9) of this section, "EMT"	242
means EMTs-basic, EMTs-I, and paramedics that provide emergency	243
medical services for a public emergency medical service	244
organization. "Emergency medical service organization,"	245
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in	246
section 4765.01 of the Revised Code.	247

As used in divisions (A)(7) and (B)(9) of this section,	248
"investigator of the bureau of criminal identification and	249
investigation" has the meaning defined in section 2903.11 of the	250
Revised Code.	251

(8) "Information pertaining to the recreational activities of	252
a person under the age of eighteen" means information that is kept	253
in the ordinary course of business by a public office, that	254
pertains to the recreational activities of a person under the age	255
of eighteen years, and that discloses any of the following:	256

(a) The address or telephone number of a person under the age	257
of eighteen or the address or telephone number of that person's	258
parent, guardian, custodian, or emergency contact person;	259

(b) The social security number, birth date, or photographic	260
image of a person under the age of eighteen;	261

(c) Any medical record, history, or information pertaining to	262
a person under the age of eighteen;	263

(d) Any additional information sought or required about a	264
person under the age of eighteen for the purpose of allowing that	265
person to participate in any recreational activity conducted or	266
sponsored by a public office or to use or obtain admission	267
privileges to any recreational facility owned or operated by a	268
public office.	269

(9) "Community control sanction" has the same meaning as in	270
section 2929.01 of the Revised Code.	271

(10) "Post-release control sanction" has the same meaning as	272
in section 2967.01 of the Revised Code.	273

(11) "Redaction" means obscuring or deleting any information	274
that is exempt from the duty to permit public inspection or	275
copying from an item that otherwise meets the definition of a	276
"record" in section 149.011 of the Revised Code.	277

(12) "Designee" and "elected official" have the same meanings	278
as in section 109.43 of the Revised Code.	279

(B)(1) Upon request and subject to division (B)(8) of this	280
section, all public records responsive to the request shall be	281
promptly prepared and made available for inspection to any person	282
at all reasonable times during regular business hours. Subject to	283
division (B)(8) of this section, upon request, a public office or	284
person responsible for public records shall make copies of the	285
requested public record available at cost and within a reasonable	286
period of time. If a public record contains information that is	287
exempt from the duty to permit public inspection or to copy the	288
public record, the public office or the person responsible for the	289
public record shall make available all of the information within	290
the public record that is not exempt. When making that public	291
record available for public inspection or copying that public	292
record, the public office or the person responsible for the public	293
record shall notify the requester of any redaction or make the	294
redaction plainly visible. A redaction shall be deemed a denial of	295
a request to inspect or copy the redacted information, except if	296
federal or state law authorizes or requires a public office to	297
make the redaction.	298

(2) To facilitate broader access to public records, a public	299
office or the person responsible for public records shall organize	300
and maintain public records in a manner that they can be made	301
available for inspection or copying in accordance with division	302
(B) of this section. A public office also shall have available a	303
copy of its current records retention schedule at a location	304
readily available to the public. If a requester makes an ambiguous	305
or overly broad request or has difficulty in making a request for	306
copies or inspection of public records under this section such	307
that the public office or the person responsible for the requested	308
public record cannot reasonably identify what public records are	309
being requested, the public office or the person responsible for	310
the requested public record may deny the request but shall provide	311
the requester with an opportunity to revise the request by	312
informing the requester of the manner in which records are	313
maintained by the public office and accessed in the ordinary	314
course of the public office's or person's duties.	315

(3) If a request is ultimately denied, in part or in whole,	316
the public office or the person responsible for the requested	317
public record shall provide the requester with an explanation,	318
including legal authority, setting forth why the request was	319
denied. If the initial request was provided in writing, the	320
explanation also shall be provided to the requester in writing.	321
The explanation shall not preclude the public office or the person	322
responsible for the requested public record from relying upon	323
additional reasons or legal authority in defending an action	324
commenced under division (C) of this section.	325

(4) Unless specifically required or authorized by state or	326
federal law or in accordance with division (B) of this section, no	327
public office or person responsible for public records may limit	328
or condition the availability of public records by requiring	329
disclosure of the requester's identity or the intended use of the	330
requested public record. Any requirement that the requester	331
disclose the requestor's identity or the intended use of the	332
requested public record constitutes a denial of the request.	333

(5) A public office or person responsible for public records	334
may ask a requester to make the request in writing, may ask for	335
the requester's identity, and may inquire about the intended use	336
of the information requested, but may do so only after disclosing	337
to the requester that a written request is not mandatory and that	338
the requester may decline to reveal the requester's identity or	339
the intended use and when a written request or disclosure of the	340
identity or intended use would benefit the requester by enhancing	341
the ability of the public office or person responsible for public	342
records to identify, locate, or deliver the public records sought	343
by the requester.	344

(6) If any person chooses to obtain a copy of a public record	345
in accordance with division (B) of this section, the public office	346
or person responsible for the public record may require that	347
person to pay in advance the cost involved in providing the copy	348
of the public record in accordance with the choice made by the	349
person seeking the copy under this division. The public office or	350
the person responsible for the public record shall permit that	351
person to choose to have the public record duplicated upon paper,	352
upon the same medium upon which the public office or person	353
responsible for the public record keeps it, or upon any other	354
medium upon which the public office or person responsible for the	355
public record determines that it reasonably can be duplicated as	356
an integral part of the normal operations of the public office or	357
person responsible for the public record. When the person seeking	358
the copy makes a choice under this division, the public office or	359
person responsible for the public record shall provide a copy of	360
it in accordance with the choice made by the person seeking the	361
copy. Nothing in this section requires a public office or person	362
responsible for the public record to allow the person seeking a	363
copy of the public record to make the copies of the public record.	364

(7) Upon a request made in accordance with division (B) of	365
this section and subject to division (B)(6) of this section, a	366
public office or person responsible for public records shall	367
transmit a copy of a public record to any person by United States	368
mail or by any other means of delivery or transmission within a	369
reasonable period of time after receiving the request for the	370
copy. The public office or person responsible for the public	371
record may require the person making the request to pay in advance	372
the cost of postage if the copy is transmitted by United States	373
mail or the cost of delivery if the copy is transmitted other than	374
by United States mail, and to pay in advance the costs incurred	375
for other supplies used in the mailing, delivery, or transmission.	376

Any public office may adopt a policy and procedures that it	377
will follow in transmitting, within a reasonable period of time	378
after receiving a request, copies of public records by United	379
States mail or by any other means of delivery or transmission	380
pursuant to this division. A public office that adopts a policy	381
and procedures under this division shall comply with them in	382
performing its duties under this division.	383

In any policy and procedures adopted under this division, a	384
public office may limit the number of records requested by a	385
person that the office will transmit by United States mail to ten	386
per month, unless the person certifies to the office in writing	387
that the person does not intend to use or forward the requested	388
records, or the information contained in them, for commercial	389
purposes. For purposes of this division, "commercial" shall be	390
narrowly construed and does not include reporting or gathering	391
news, reporting or gathering information to assist citizen	392
oversight or understanding of the operation or activities of	393
government, or nonprofit educational research.	394

(8) A public office or person responsible for public records	395
is not required to permit a person who is incarcerated pursuant to	396
a criminal conviction or a juvenile adjudication to inspect or to	397
obtain a copy of any public record concerning a criminal	398
investigation or prosecution or concerning what would be a	399
criminal investigation or prosecution if the subject of the	400
investigation or prosecution were an adult, unless the request to	401
inspect or to obtain a copy of the record is for the purpose of	402
acquiring information that is subject to release as a public	403
record under this section and the judge who imposed the sentence	404
or made the adjudication with respect to the person, or the	405
judge's successor in office, finds that the information sought in	406
the public record is necessary to support what appears to be a	407
justiciable claim of the person.	408

(9)(a) Upon written request made and signed by a journalist	409
on or after December 16, 1999, a public office, or person	410
responsible for public records, having custody of the records of	411
the agency employing a specified peace officer, parole officer,	412
probation officer, bailiff, prosecuting attorney, assistant	413
prosecuting attorney, correctional employee, community-based	414
correctional facility employee, youth services employee,	415
firefighter, EMT, or investigator of the bureau of criminal	416
identification and investigation shall disclose to the journalist	417
the address of the actual personal residence of the peace officer,	418
parole officer, probation officer, bailiff, prosecuting attorney,	419
assistant prosecuting attorney, correctional employee,	420
community-based correctional facility employee, youth services	421
employee, firefighter, EMT, or investigator of the bureau of	422
criminal identification and investigation and, if the peace	423
officer's, parole officer's, probation officer's, bailiff's,	424
prosecuting attorney's, assistant prosecuting attorney's,	425
correctional employee's, community-based correctional facility	426
employee's, youth services employee's, firefighter's, EMT's, or	427
investigator of the bureau of criminal identification and	428
investigation's spouse, former spouse, or child is employed by a	429
public office, the name and address of the employer of the peace	430
officer's, parole officer's, probation officer's, bailiff's,	431
prosecuting attorney's, assistant prosecuting attorney's,	432
correctional employee's, community-based correctional facility	433
employee's, youth services employee's, firefighter's, EMT's, or	434
investigator of the bureau of criminal identification and	435
investigation's spouse, former spouse, or child. The request shall	436
include the journalist's name and title and the name and address	437
of the journalist's employer and shall state that disclosure of	438
the information sought would be in the public interest.	439

(b) Division (B)(9)(a) of this section also applies to	440
journalist requests for customer information maintained by a	441
municipally owned or operated public utility, other than social	442
security numbers and any private financial information such as	443
credit reports, payment methods, credit card numbers, and bank	444
account information.	445

(c) As used in division (B)(9) of this section, "journalist"	446
means a person engaged in, connected with, or employed by any news	447
medium, including a newspaper, magazine, press association, news	448
agency, or wire service, a radio or television station, or a	449
similar medium, for the purpose of gathering, processing,	450
transmitting, compiling, editing, or disseminating information for	451
the general public.	452

(C)(1) If a person allegedly is aggrieved by the failure of a	453
public office or the person responsible for public records to	454
promptly prepare a public record and to make it available to the	455
person for inspection in accordance with division (B) of this	456
section or by any other failure of a public office or the person	457
responsible for public records to comply with an obligation in	458
accordance with division (B) of this section, the person allegedly	459
aggrieved may commence a mandamus action to obtain a judgment that	460
orders the public office or the person responsible for the public	461
record to comply with division (B) of this section, that awards	462
court costs and reasonable attorney's fees to the person that	463
instituted the mandamus action, and, if applicable, that includes	464
an order fixing statutory damages under division (C)(1) of this	465
section. The mandamus action may be commenced in the court of	466
common pleas of the county in which division (B) of this section	467
allegedly was not complied with, in the supreme court pursuant to	468
its original jurisdiction under Section 2 of Article IV, Ohio	469
Constitution, or in the court of appeals for the appellate	470
district in which division (B) of this section allegedly was not	471
complied with pursuant to its original jurisdiction under Section	472
3 of Article IV, Ohio Constitution.	473

If a requestor transmits a written request by hand delivery	474
or certified mail to inspect or receive copies of any public	475
record in a manner that fairly describes the public record or	476
class of public records to the public office or person responsible	477
for the requested public records, except as otherwise provided in	478
this section, the requestor shall be entitled to recover the	479
amount of statutory damages set forth in this division if a court	480
determines that the public office or the person responsible for	481
public records failed to comply with an obligation in accordance	482
with division (B) of this section.	483

The amount of statutory damages shall be fixed at one hundred	484
dollars for each business day during which the public office or	485
person responsible for the requested public records failed to	486
comply with an obligation in accordance with division (B) of this	487
section, beginning with the day on which the requester files a	488
mandamus action to recover statutory damages, up to a maximum of	489
one thousand dollars. The award of statutory damages shall not be	490
construed as a penalty, but as compensation for injury arising	491
from lost use of the requested information. The existence of this	492
injury shall be conclusively presumed. The award of statutory	493
damages shall be in addition to all other remedies authorized by	494
this section.	495

The court may reduce an award of statutory damages or not	496
award statutory damages if the court determines both of the	497
following:	498

(a) That, based on the ordinary application of statutory law	499
and case law as it existed at the time of the conduct or	500
threatened conduct of the public office or person responsible for	501
the requested public records that allegedly constitutes a failure	502
to comply with an obligation in accordance with division (B) of	503
this section and that was the basis of the mandamus action, a	504
well-informed public office or person responsible for the	505
requested public records reasonably would believe that the conduct	506
or threatened conduct of the public office or person responsible	507
for the requested public records did not constitute a failure to	508
comply with an obligation in accordance with division (B) of this	509
section;	510

(b) That a well-informed public office or person responsible	511
for the requested public records reasonably would believe that the	512
conduct or threatened conduct of the public office or person	513
responsible for the requested public records would serve the	514
public policy that underlies the authority that is asserted as	515
permitting that conduct or threatened conduct.	516

(2)(a) If the court issues a writ of mandamus that orders the	517
public office or the person responsible for the public record to	518
comply with division (B) of this section and determines that the	519
circumstances described in division (C)(1) of this section exist,	520
the court shall determine and award to the relator all court	521
costs.	522

(b) If the court renders a judgment that orders the public	523
office or the person responsible for the public record to comply	524
with division (B) of this section, the court may award reasonable	525
attorney's fees subject to reduction as described in division	526
(C)(2)(c) of this section. The court shall award reasonable	527
attorney's fees, subject to reduction as described in division	528
(C)(2)(c) of this section when either of the following applies:	529

(i) The public office or the person responsible for the	530
public records failed to respond affirmatively or negatively to	531
the public records request in accordance with the time allowed	532
under division (B) of this section.	533

(ii) The public office or the person responsible for the	534
public records promised to permit the relator to inspect or	535
receive copies of the public records requested within a specified	536
period of time but failed to fulfill that promise within that	537
specified period of time.	538

(c) Court costs and reasonable attorney's fees awarded under	539
this section shall be construed as remedial and not punitive.	540
Reasonable attorney's fees shall include reasonable fees incurred	541
to produce proof of the reasonableness and amount of the fees and	542
to otherwise litigate entitlement to the fees. The court may	543
reduce an award of attorney's fees to the relator or not award	544
attorney's fees to the relator if the court determines both of the	545
following:	546

(i) That, based on the ordinary application of statutory law	547
and case law as it existed at the time of the conduct or	548
threatened conduct of the public office or person responsible for	549
the requested public records that allegedly constitutes a failure	550
to comply with an obligation in accordance with division (B) of	551
this section and that was the basis of the mandamus action, a	552
well-informed public office or person responsible for the	553
requested public records reasonably would believe that the conduct	554
or threatened conduct of the public office or person responsible	555
for the requested public records did not constitute a failure to	556
comply with an obligation in accordance with division (B) of this	557
section;	558

(ii) That a well-informed public office or person responsible	559
for the requested public records reasonably would believe that the	560
conduct or threatened conduct of the public office or person	561
responsible for the requested public records as described in	562
division (C)(2)(c)(i) of this section would serve the public	563
policy that underlies the authority that is asserted as permitting	564
that conduct or threatened conduct.	565

(D) Chapter 1347. of the Revised Code does not limit the	566
provisions of this section.	567

(E)(1) To ensure that all employees of public offices are	568
appropriately educated about a public office's obligations under	569
division (B) of this section, all elected officials or their	570
appropriate designees shall attend training approved by the	571
attorney general as provided in section 109.43 of the Revised	572
Code. In addition, all public offices shall adopt a public records	573
policy in compliance with this section for responding to public	574
records requests. In adopting a public records policy under this	575
division, a public office may obtain guidance from the model	576
public records policy developed and provided to the public office	577
by the attorney general under section 109.43 of the Revised Code.	578
Except as otherwise provided in this section, the policy may not	579
limit the number of public records that the public office will	580
make available to a single person, may not limit the number of	581
public records that it will make available during a fixed period	582
of time, and may not establish a fixed period of time before it	583
will respond to a request for inspection or copying of public	584
records, unless that period is less than eight hours.	585

(2) The public office shall distribute the public records	586
policy adopted by the public office under division (E)(1) of this	587
section to the employee of the public office who is the records	588
custodian or records manager or otherwise has custody of the	589
records of that office. The public office shall require that	590
employee to acknowledge receipt of the copy of the public records	591
policy. The public office shall create a poster that describes its	592
public records policy and shall post the poster in a conspicuous	593
place in the public office and in all locations where the public	594
office has branch offices. The public office may post its public	595
records policy on the internet web site of the public office if	596
the public office maintains an internet web site. A public office	597
that has established a manual or handbook of its general policies	598
and procedures for all employees of the public office shall	599
include the public records policy of the public office in the	600
manual or handbook.	601

(F)(1) The bureau of motor vehicles may adopt rules pursuant	602
to Chapter 119. of the Revised Code to reasonably limit the number	603
of bulk commercial special extraction requests made by a person	604
for the same records or for updated records during a calendar	605
year. The rules may include provisions for charges to be made for	606
bulk commercial special extraction requests for the actual cost of	607
the bureau, plus special extraction costs, plus ten per cent. The	608
bureau may charge for expenses for redacting information, the	609
release of which is prohibited by law.	610

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

611

(a) "Actual cost" means the cost of depleted supplies,	612
records storage media costs, actual mailing and alternative	613
delivery costs, or other transmitting costs, and any direct	614
equipment operating and maintenance costs, including actual costs	615
paid to private contractors for copying services.	616

(b) "Bulk commercial special extraction request" means a	617
request for copies of a record for information in a format other	618
than the format already available, or information that cannot be	619
extracted without examination of all items in a records series,	620
class of records, or database by a person who intends to use or	621
forward the copies for surveys, marketing, solicitation, or resale	622
for commercial purposes. "Bulk commercial special extraction	623
request" does not include a request by a person who gives	624
assurance to the bureau that the person making the request does	625
not intend to use or forward the requested copies for surveys,	626
marketing, solicitation, or resale for commercial purposes.	627

(c) "Commercial" means profit-seeking production, buying, or	628
selling of any good, service, or other product.	629

(d) "Special extraction costs" means the cost of the time	630
spent by the lowest paid employee competent to perform the task,	631
the actual amount paid to outside private contractors employed by	632
the bureau, or the actual cost incurred to create computer	633
programs to make the special extraction. "Special extraction	634
costs" include any charges paid to a public agency for computer or	635
records services.	636

(3) For purposes of divisions (F)(1) and (2) of this section,	637
"surveys, marketing, solicitation, or resale for commercial	638
purposes" shall be narrowly construed and does not include	639
reporting or gathering news, reporting or gathering information to	640
assist citizen oversight or understanding of the operation or	641
activities of government, or nonprofit educational research.	642

(G)(1) Except as provided in division (G)(2) of this section,	643
a public office that posts a public record on its web site, or on	644
a public web site maintained by the state, shall post the record	645
in an open format so that the public record, or the data contained	646
in the public record, is capable of being searched, viewed, and	647
downloaded by the public, and is in a format that is machine	648
readable.	649

(2) A public office may claim a qualified exemption from the	650
requirements of division (G)(1) of this section, for a subset or	651
an entire category of records, for any of the following reasons if	652
the records commission claims the qualified exemption and amends	653
the public office's record retention policy to reflect that claim:	654

(a) Technical ability: The office lacks the technical ability	655
to post the records in an open format;	656

(b) Resources: The office lacks the financial or other	657
resources to post the records in an open format;	658

(c) Public policy: Conforming to the uniform standards is	659
contrary to the public policy of the public office.	660

A qualified exemption claimed under this division is not	661
subject to a challenge. But a resident of the state may petition	662
the public office to explain its claim to the qualified exemption.	663

Sec. 149.62. (A) As used in this section:

664

(1) "Local government" means bodies corporate and politic	665
responsible for governmental activities only in geographical areas	666
smaller than that of the state.	667

(2) "State agency" has the meaning defined in section 149.011	668
of the Revised Code.	669

(3) "Open format" has the meaning defined contextually in	670
section 149.43 of the Revised Code.	671

(B) The general assembly recognizes that public-use data from	672
government agencies offers an avenue toward open and transparent	673
government, stimulates business innovation, and can help	674
government agencies become more effective. It is declared to be a	675
public purpose and function of the state to facilitate the ability	676
of the public easily to find, download, and use data sets that are	677
generated and held by the state government and other public	678
offices. With these goals in mind, the general assembly creates	679
the DataOhio board to do all of the following:	680

(1) Recommend categories of public records that state	681
agencies and local governments should make available to the public	682
online in an open format;	683

(2) Recommend technology standards for open data use in the	684
state that reflect the most current standards nationally and	685
within other states;	686

(3) Recommend accounting standards for financial data in the	687
state to facilitate comparison across governmental units and	688
services;	689

(4) Recommend metadata definitional standards for	690
nonfinancial data in the state to facilitate comparison and use of	691
this data across governmental units; and	692

(5) Consider creation by the state of data.ohio.gov, an	693
online catalog of data sets made available by state agencies and	694
local governments, as well as collaboration with efforts underway	695
at the federal and state levels.	696

The board shall deliver a report of its findings and	697
recommendations to the general assembly not later than one year	698
after the effective date of this section, and thereafter shall	699
deliver a report of its recommendations by the thirty-first day of	700
March each year.	701

(C) The DataOhio board shall consist of the following members	702
or their designees:	703

(1) The governor;

704

(2) The attorney general;

705

(3) The auditor of state;

706

(4) The secretary of state;

707

(5) The treasurer of state;

708

(6) The speaker of the house of representatives;

709

(7) The president of the senate;

710

(8) The minority leader of the house of representatives;

711

(9) The minority leader of the senate;

712

(10) The chancellor of the Ohio board of regents; and

713

(l1) Three members who represent local governments to be	714
appointed by the chairperson after the chairperson has been	715
selected.	716

The board also shall consist of one or more ex officio,	717
nonvoting members or their designees appointed by the chairperson	718
after the chairperson is selected.	719

The board shall select a chairperson from among its members.	720
The chairperson shall select a member of the board to serve as the	721
board's secretary.	722

The director of administrative services shall provide	723
necessary meeting facilities to the board.	724

Members of the board shall serve without compensation.

725

All meetings of the board shall be held at the call of the	726
chairperson, but the board shall hold its initial meeting not	727
later than thirty days after the effective date of this section.	728

The presence of a majority of the members of the board	729
constitutes a quorum for the conduct of its business. The	730
concurrence of at least a majority of the members of the board is	731
necessary for any action to be taken by the board.	732

Section 2.  That existing section 149.43 of the Revised Code	733
is hereby repealed.	734