As Introduced

130th General Assembly Regular Session 2013-2014

H. B. No. 429

Representatives Bishoff, Henne 

Cosponsors: Representatives Antonio, Barborak, Fedor, Foley, Hagan, R., Lundy, Phillips, Strahorn, Terhar 

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A BILL

To amend sections 149.43 and 149.45 of the Revised

1

Code to make records kept by private police

2

departments subject to the Public Records Law, to

3

exclude private police officer's residential and

4

familial information from the definition of public

5

record, and to permit a private police officer to

6

request a public office to redact the private

7

police officer's residential and familial

8

information from the public office's public

9

records, and to amend the version of section

10

149.43 of the Revised Code that is scheduled to

11

take effect March 20, 2015, to continue the

12

provisions of this act on and after that effective

13

date.

14

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

Section 1. That sections 149.43 and 149.45 of the Revised	15
Code be amended to read as follows:	16

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

17

(1) "Public record" means records kept by any public office,	18
including, but not limited to, state, county, city, village,	19
township, and school district units, and records pertaining to the	20
delivery of educational services by an alternative school in this	21
state kept by the nonprofit or for-profit entity operating the	22
alternative school pursuant to section 3313.533 of the Revised	23
Code, and records kept by a private police department. "Public	24
record" does not mean any of the following:	25

(a) Medical records;

26

(b) Records pertaining to probation and parole proceedings or	27
to proceedings related to the imposition of community control	28
sanctions and post-release control sanctions;	29

(c) Records pertaining to actions under section 2151.85 and	30
division (C) of section 2919.121 of the Revised Code and to	31
appeals of actions arising under those sections;	32

(d) Records pertaining to adoption proceedings, including the	33
contents of an adoption file maintained by the department of	34
health under section 3705.12 of the Revised Code;	35

(e) Information in a record contained in the putative father	36
registry established by section 3107.062 of the Revised Code,	37
regardless of whether the information is held by the department of	38
job and family services or, pursuant to section 3111.69 of the	39
Revised Code, the office of child support in the department or a	40
child support enforcement agency;	41

(f) Records listed in division (A) of section 3107.42 of the	42
Revised Code or specified in division (A) of section 3107.52 of	43
the Revised Code;	44

(g) Trial preparation records;

45

(h) Confidential law enforcement investigatory records;

46

(i) Records containing information that is confidential under	47
section 2710.03 or 4112.05 of the Revised Code;	48

(j) DNA records stored in the DNA database pursuant to	49
section 109.573 of the Revised Code;	50

(k) Inmate records released by the department of	51
rehabilitation and correction to the department of youth services	52
or a court of record pursuant to division (E) of section 5120.21	53
of the Revised Code;	54

(l) Records maintained by the department of youth services	55
pertaining to children in its custody released by the department	56
of youth services to the department of rehabilitation and	57
correction pursuant to section 5139.05 of the Revised Code;	58

(m) Intellectual property records;

59

(n) Donor profile records;

60

(o) Records maintained by the department of job and family	61
services pursuant to section 3121.894 of the Revised Code;	62

(p) Peace officer, parole officer, probation officer,	63
bailiff, prosecuting attorney, assistant prosecuting attorney,	64
correctional employee, community-based correctional facility	65
employee, youth services employee, firefighter, EMT, or	66
investigator of the bureau of criminal identification and	67
investigation, or private police officer residential and familial	68
information;	69

(q) In the case of a county hospital operated pursuant to	70
Chapter 339. of the Revised Code or a municipal hospital operated	71
pursuant to Chapter 749. of the Revised Code, information that	72
constitutes a trade secret, as defined in section 1333.61 of the	73
Revised Code;	74

(r) Information pertaining to the recreational activities of	75
a person under the age of eighteen;	76

(s) Records provided to, statements made by review board	77
members during meetings of, and all work products of a child	78
fatality review board acting under sections 307.621 to 307.629 of	79
the Revised Code, and child fatality review data submitted by the	80
child fatality review board to the department of health or a	81
national child death review database, other than the report	82
prepared pursuant to division (A) of section 307.626 of the	83
Revised Code;	84

(t) Records provided to and statements made by the executive	85
director of a public children services agency or a prosecuting	86
attorney acting pursuant to section 5153.171 of the Revised Code	87
other than the information released under that section;	88

(u) Test materials, examinations, or evaluation tools used in	89
an examination for licensure as a nursing home administrator that	90
the board of executives of long-term services and supports	91
administers under section 4751.04 of the Revised Code or contracts	92
under that section with a private or government entity to	93
administer;	94

(v) Records the release of which is prohibited by state or	95
federal law;	96

(w) Proprietary information of or relating to any person that	97
is submitted to or compiled by the Ohio venture capital authority	98
created under section 150.01 of the Revised Code;	99

(x) Financial statements and data any person submits for any	100
purpose to the Ohio housing finance agency or the controlling	101
board in connection with applying for, receiving, or accounting	102
for financial assistance from the agency, and information that	103
identifies any individual who benefits directly or indirectly from	104
financial assistance from the agency;	105

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

106

(z) Discharges recorded with a county recorder under section	107
317.24 of the Revised Code, as specified in division (B)(2) of	108
that section;	109

(aa) Usage information including names and addresses of	110
specific residential and commercial customers of a municipally	111
owned or operated public utility;	112

(bb) Records described in division (C) of section 187.04 of	113
the Revised Code that are not designated to be made available to	114
the public as provided in that division.	115

(2) "Confidential law enforcement investigatory record" means	116
any record that pertains to a law enforcement matter of a	117
criminal, quasi-criminal, civil, or administrative nature, but	118
only to the extent that the release of the record would create a	119
high probability of disclosure of any of the following:	120

(a) The identity of a suspect who has not been charged with	121
the offense to which the record pertains, or of an information	122
source or witness to whom confidentiality has been reasonably	123
promised;	124

(b) Information provided by an information source or witness	125
to whom confidentiality has been reasonably promised, which	126
information would reasonably tend to disclose the source's or	127
witness's identity;	128

(c) Specific confidential investigatory techniques or	129
procedures or specific investigatory work product;	130

(d) Information that would endanger the life or physical	131
safety of law enforcement personnel, a crime victim, a witness, or	132
a confidential information source.	133

(3) "Medical record" means any document or combination of	134
documents, except births, deaths, and the fact of admission to or	135
discharge from a hospital, that pertains to the medical history,	136
diagnosis, prognosis, or medical condition of a patient and that	137
is generated and maintained in the process of medical treatment.	138

(4) "Trial preparation record" means any record that contains	139
information that is specifically compiled in reasonable	140
anticipation of, or in defense of, a civil or criminal action or	141
proceeding, including the independent thought processes and	142
personal trial preparation of an attorney.	143

(5) "Intellectual property record" means a record, other than	144
a financial or administrative record, that is produced or	145
collected by or for faculty or staff of a state institution of	146
higher learning in the conduct of or as a result of study or	147
research on an educational, commercial, scientific, artistic,	148
technical, or scholarly issue, regardless of whether the study or	149
research was sponsored by the institution alone or in conjunction	150
with a governmental body or private concern, and that has not been	151
publicly released, published, or patented.	152

(6) "Donor profile record" means all records about donors or	153
potential donors to a public institution of higher education	154
except the names and reported addresses of the actual donors and	155
the date, amount, and conditions of the actual donation.	156

(7) "Peace officer, parole officer, probation officer,	157
bailiff, prosecuting attorney, assistant prosecuting attorney,	158
correctional employee, community-based correctional facility	159
employee, youth services employee, firefighter, EMT, or	160
investigator of the bureau of criminal identification and	161
investigation, or private police officer residential and familial	162
information" means any information that discloses any of the	163
following about a peace officer, parole officer, probation	164
officer, bailiff, prosecuting attorney, assistant prosecuting	165
attorney, correctional employee, community-based correctional	166
facility employee, youth services employee, firefighter, EMT, or	167
investigator of the bureau of criminal identification and	168
investigation, or private police officer:	169

(a) The address of the actual personal residence of a peace	170
officer, parole officer, probation officer, bailiff, assistant	171
prosecuting attorney, correctional employee, community-based	172
correctional facility employee, youth services employee,	173
firefighter, EMT, or an investigator of the bureau of criminal	174
identification and investigation, or private police officer,	175
except for the state or political subdivision in which the peace	176
officer, parole officer, probation officer, bailiff, assistant	177
prosecuting attorney, correctional employee, community-based	178
correctional facility employee, youth services employee,	179
firefighter, EMT, or investigator of the bureau of criminal	180
identification and investigation, or private police officer	181
resides;	182

(b) Information compiled from referral to or participation in	183
an employee assistance program;	184

(c) The social security number, the residential telephone	185
number, any bank account, debit card, charge card, or credit card	186
number, or the emergency telephone number of, or any medical	187
information pertaining to, a peace officer, parole officer,	188
probation officer, bailiff, prosecuting attorney, assistant	189
prosecuting attorney, correctional employee, community-based	190
correctional facility employee, youth services employee,	191
firefighter, EMT, or investigator of the bureau of criminal	192
identification and investigation, or private police officer;	193

(d) The name of any beneficiary of employment benefits,	194
including, but not limited to, life insurance benefits, provided	195
to a peace officer, parole officer, probation officer, bailiff,	196
prosecuting attorney, assistant prosecuting attorney, correctional	197
employee, community-based correctional facility employee, youth	198
services employee, firefighter, EMT, or investigator of the bureau	199
of criminal identification and investigation, or private police	200
officer by the peace officer's, parole officer's, probation	201
officer's, bailiff's, prosecuting attorney's, assistant	202
prosecuting attorney's, correctional employee's, community-based	203
correctional facility employee's, youth services employee's,	204
firefighter's, EMT's, or investigator of the bureau of criminal	205
identification and investigation's, or private police officer's	206
employer;	207

(e) The identity and amount of any charitable or employment	208
benefit deduction made by the peace officer's, parole officer's,	209
probation officer's, bailiff's, prosecuting attorney's, assistant	210
prosecuting attorney's, correctional employee's, community-based	211
correctional facility employee's, youth services employee's,	212
firefighter's, EMT's, or investigator of the bureau of criminal	213
identification and investigation's, or private police officer's	214
employer from the peace officer's, parole officer's, probation	215
officer's, bailiff's, prosecuting attorney's, assistant	216
prosecuting attorney's, correctional employee's, community-based	217
correctional facility employee's, youth services employee's,	218
firefighter's, EMT's, or investigator of the bureau of criminal	219
identification and investigation's, or private police officer's	220
compensation unless the amount of the deduction is required by	221
state or federal law;	222

(f) The name, the residential address, the name of the	223
employer, the address of the employer, the social security number,	224
the residential telephone number, any bank account, debit card,	225
charge card, or credit card number, or the emergency telephone	226
number of the spouse, a former spouse, or any child of a peace	227
officer, parole officer, probation officer, bailiff, prosecuting	228
attorney, assistant prosecuting attorney, correctional employee,	229
community-based correctional facility employee, youth services	230
employee, firefighter, EMT, or investigator of the bureau of	231
criminal identification and investigation, or private police	232
officer;	233

(g) A photograph of a peace officer who holds a position or	234
has an assignment that may include undercover or plain clothes	235
positions or assignments as determined by the peace officer's	236
appointing authority.	237

As used in divisions (A)(7) and (B)(9) of this section,	238
"peace officer" has the same meaning as in section 109.71 of the	239
Revised Code and also includes the superintendent and troopers of	240
the state highway patrol; it does not include the sheriff of a	241
county or a supervisory employee who, in the absence of the	242
sheriff, is authorized to stand in for, exercise the authority of,	243
and perform the duties of the sheriff.	244

As used in divisions (A)(7) and (B)(5)(9) of this section,	245
"correctional employee" means any employee of the department of	246
rehabilitation and correction who in the course of performing the	247
employee's job duties has or has had contact with inmates and	248
persons under supervision.	249

As used in divisions (A)(7) and (B)(5)(9) of this section,	250
"youth services employee" means any employee of the department of	251
youth services who in the course of performing the employee's job	252
duties has or has had contact with children committed to the	253
custody of the department of youth services.	254

As used in divisions (A)(7) and (B)(9) of this section,	255
"firefighter" means any regular, paid or volunteer, member of a	256
lawfully constituted fire department of a municipal corporation,	257
township, fire district, or village.	258

As used in divisions (A)(7) and (B)(9) of this section, "EMT"	259
means EMTs-basic, EMTs-I, and paramedics that provide emergency	260
medical services for a public emergency medical service	261
organization. "Emergency medical service organization,"	262
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in	263
section 4765.01 of the Revised Code.	264

As used in divisions (A)(7) and (B)(9) of this section,	265
"investigator of the bureau of criminal identification and	266
investigation" has the meaning defined in section 2903.11 of the	267
Revised Code.	268

(8) "Information pertaining to the recreational activities of	269
a person under the age of eighteen" means information that is kept	270
in the ordinary course of business by a public office, that	271
pertains to the recreational activities of a person under the age	272
of eighteen years, and that discloses any of the following:	273

(a) The address or telephone number of a person under the age	274
of eighteen or the address or telephone number of that person's	275
parent, guardian, custodian, or emergency contact person;	276

(b) The social security number, birth date, or photographic	277
image of a person under the age of eighteen;	278

(c) Any medical record, history, or information pertaining to	279
a person under the age of eighteen;	280

(d) Any additional information sought or required about a	281
person under the age of eighteen for the purpose of allowing that	282
person to participate in any recreational activity conducted or	283
sponsored by a public office or to use or obtain admission	284
privileges to any recreational facility owned or operated by a	285
public office.	286

(9) "Community control sanction" has the same meaning as in	287
section 2929.01 of the Revised Code.	288

(10) "Post-release control sanction" has the same meaning as	289
in section 2967.01 of the Revised Code.	290

(11) "Redaction" means obscuring or deleting any information	291
that is exempt from the duty to permit public inspection or	292
copying from an item that otherwise meets the definition of a	293
"record" in section 149.011 of the Revised Code.	294

(12) "Designee" and "elected official" have the same meanings	295
as in section 109.43 of the Revised Code.	296

(13) "Private police department" means a department,	297
division, or unit of a private organization or entity that	298
enforces criminal laws and that has employees who have a statutory	299
power of arrest and are any of the following:	300

(a) Employed as campus police officers under section 1713.50	301
of the Revised Code;	302

(b) Employed as police officers by a qualified nonprofit	303
corporation police department pursuant to section 1702.80 of the	304
Revised Code;	305

(c) Appointed and commissioned as bank, savings and loan	306
association, savings bank, credit union, or association of banks,	307
savings and loan associations, savings banks, or credit unions	308
police officers;	309

(d) Appointed and commissioned as railroad police officers;

310

(e) Appointed and commissioned as hospital police officers	311
pursuant to sections 4973.17 to 4973.22 of the Revised Code;	312

(f) Appointed and commissioned as amusement park police	313
officers pursuant to section 4973.17 of the Revised Code.	314

(14) "Private police officer" means a police officer employed	315
by a private police department.	316

(B)(1) Upon request and subject to division (B)(8) of this	317
section, all public records responsive to the request shall be	318
promptly prepared and made available for inspection to any person	319
at all reasonable times during regular business hours. Subject to	320
division (B)(8) of this section, upon request, a public office or	321
person responsible for public records shall make copies of the	322
requested public record available at cost and within a reasonable	323
period of time. If a public record contains information that is	324
exempt from the duty to permit public inspection or to copy the	325
public record, the public office or the person responsible for the	326
public record shall make available all of the information within	327
the public record that is not exempt. When making that public	328
record available for public inspection or copying that public	329
record, the public office or the person responsible for the public	330
record shall notify the requester of any redaction or make the	331
redaction plainly visible. A redaction shall be deemed a denial of	332
a request to inspect or copy the redacted information, except if	333
federal or state law authorizes or requires a public office to	334
make the redaction.	335

(2) To facilitate broader access to public records, a public	336
office or the person responsible for public records shall organize	337
and maintain public records in a manner that they can be made	338
available for inspection or copying in accordance with division	339
(B) of this section. A public office also shall have available a	340
copy of its current records retention schedule at a location	341
readily available to the public. If a requester makes an ambiguous	342
or overly broad request or has difficulty in making a request for	343
copies or inspection of public records under this section such	344
that the public office or the person responsible for the requested	345
public record cannot reasonably identify what public records are	346
being requested, the public office or the person responsible for	347
the requested public record may deny the request but shall provide	348
the requester with an opportunity to revise the request by	349
informing the requester of the manner in which records are	350
maintained by the public office and accessed in the ordinary	351
course of the public office's or person's duties.	352

(3) If a request is ultimately denied, in part or in whole,	353
the public office or the person responsible for the requested	354
public record shall provide the requester with an explanation,	355
including legal authority, setting forth why the request was	356
denied. If the initial request was provided in writing, the	357
explanation also shall be provided to the requester in writing.	358
The explanation shall not preclude the public office or the person	359
responsible for the requested public record from relying upon	360
additional reasons or legal authority in defending an action	361
commenced under division (C) of this section.	362

(4) Unless specifically required or authorized by state or	363
federal law or in accordance with division (B) of this section, no	364
public office or person responsible for public records may limit	365
or condition the availability of public records by requiring	366
disclosure of the requester's identity or the intended use of the	367
requested public record. Any requirement that the requester	368
disclose the requestor's identity or the intended use of the	369
requested public record constitutes a denial of the request.	370

(5) A public office or person responsible for public records	371
may ask a requester to make the request in writing, may ask for	372
the requester's identity, and may inquire about the intended use	373
of the information requested, but may do so only after disclosing	374
to the requester that a written request is not mandatory and that	375
the requester may decline to reveal the requester's identity or	376
the intended use and when a written request or disclosure of the	377
identity or intended use would benefit the requester by enhancing	378
the ability of the public office or person responsible for public	379
records to identify, locate, or deliver the public records sought	380
by the requester.	381

(6) If any person chooses to obtain a copy of a public record	382
in accordance with division (B) of this section, the public office	383
or person responsible for the public record may require that	384
person to pay in advance the cost involved in providing the copy	385
of the public record in accordance with the choice made by the	386
person seeking the copy under this division. The public office or	387
the person responsible for the public record shall permit that	388
person to choose to have the public record duplicated upon paper,	389
upon the same medium upon which the public office or person	390
responsible for the public record keeps it, or upon any other	391
medium upon which the public office or person responsible for the	392
public record determines that it reasonably can be duplicated as	393
an integral part of the normal operations of the public office or	394
person responsible for the public record. When the person seeking	395
the copy makes a choice under this division, the public office or	396
person responsible for the public record shall provide a copy of	397
it in accordance with the choice made by the person seeking the	398
copy. Nothing in this section requires a public office or person	399
responsible for the public record to allow the person seeking a	400
copy of the public record to make the copies of the public record.	401

(7) Upon a request made in accordance with division (B) of	402
this section and subject to division (B)(6) of this section, a	403
public office or person responsible for public records shall	404
transmit a copy of a public record to any person by United States	405
mail or by any other means of delivery or transmission within a	406
reasonable period of time after receiving the request for the	407
copy. The public office or person responsible for the public	408
record may require the person making the request to pay in advance	409
the cost of postage if the copy is transmitted by United States	410
mail or the cost of delivery if the copy is transmitted other than	411
by United States mail, and to pay in advance the costs incurred	412
for other supplies used in the mailing, delivery, or transmission.	413

Any public office may adopt a policy and procedures that it	414
will follow in transmitting, within a reasonable period of time	415
after receiving a request, copies of public records by United	416
States mail or by any other means of delivery or transmission	417
pursuant to this division. A public office that adopts a policy	418
and procedures under this division shall comply with them in	419
performing its duties under this division.	420

In any policy and procedures adopted under this division, a	421
public office may limit the number of records requested by a	422
person that the office will transmit by United States mail to ten	423
per month, unless the person certifies to the office in writing	424
that the person does not intend to use or forward the requested	425
records, or the information contained in them, for commercial	426
purposes. For purposes of this division, "commercial" shall be	427
narrowly construed and does not include reporting or gathering	428
news, reporting or gathering information to assist citizen	429
oversight or understanding of the operation or activities of	430
government, or nonprofit educational research.	431

(8) A public office or person responsible for public records	432
is not required to permit a person who is incarcerated pursuant to	433
a criminal conviction or a juvenile adjudication to inspect or to	434
obtain a copy of any public record concerning a criminal	435
investigation or prosecution or concerning what would be a	436
criminal investigation or prosecution if the subject of the	437
investigation or prosecution were an adult, unless the request to	438
inspect or to obtain a copy of the record is for the purpose of	439
acquiring information that is subject to release as a public	440
record under this section and the judge who imposed the sentence	441
or made the adjudication with respect to the person, or the	442
judge's successor in office, finds that the information sought in	443
the public record is necessary to support what appears to be a	444
justiciable claim of the person.	445

(9)(a) Upon written request made and signed by a journalist	446
on or after December 16, 1999, a public office, or person	447
responsible for public records, having custody of the records of	448
the agency employing a specified peace officer, parole officer,	449
probation officer, bailiff, prosecuting attorney, assistant	450
prosecuting attorney, correctional employee, community-based	451
correctional facility employee, youth services employee,	452
firefighter, EMT, or investigator of the bureau of criminal	453
identification and investigation, or private police officer shall	454
disclose to the journalist the address of the actual personal	455
residence of the peace officer, parole officer, probation officer,	456
bailiff, prosecuting attorney, assistant prosecuting attorney,	457
correctional employee, community-based correctional facility	458
employee, youth services employee, firefighter, EMT, or	459
investigator of the bureau of criminal identification and	460
investigation, or private police officer and, if the peace	461
officer's, parole officer's, probation officer's, bailiff's,	462
prosecuting attorney's, assistant prosecuting attorney's,	463
correctional employee's, community-based correctional facility	464
employee's, youth services employee's, firefighter's, EMT's, or	465
investigator of the bureau of criminal identification and	466
investigation's, or private police officer's spouse, former	467
spouse, or child is employed by a public office, the name and	468
address of the employer of the peace officer's, parole officer's,	469
probation officer's, bailiff's, prosecuting attorney's, assistant	470
prosecuting attorney's, correctional employee's, community-based	471
correctional facility employee's, youth services employee's,	472
firefighter's, EMT's, or investigator of the bureau of criminal	473
identification and investigation's, or private police officer's	474
spouse, former spouse, or child. The request shall include the	475
journalist's name and title and the name and address of the	476
journalist's employer and shall state that disclosure of the	477
information sought would be in the public interest.	478

(b) Division (B)(9)(a) of this section also applies to	479
journalist requests for customer information maintained by a	480
municipally owned or operated public utility, other than social	481
security numbers and any private financial information such as	482
credit reports, payment methods, credit card numbers, and bank	483
account information.	484

(c) As used in division (B)(9) of this section, "journalist"	485
means a person engaged in, connected with, or employed by any news	486
medium, including a newspaper, magazine, press association, news	487
agency, or wire service, a radio or television station, or a	488
similar medium, for the purpose of gathering, processing,	489
transmitting, compiling, editing, or disseminating information for	490
the general public.	491

(C)(1) If a person allegedly is aggrieved by the failure of a	492
public office or the person responsible for public records to	493
promptly prepare a public record and to make it available to the	494
person for inspection in accordance with division (B) of this	495
section or by any other failure of a public office or the person	496
responsible for public records to comply with an obligation in	497
accordance with division (B) of this section, the person allegedly	498
aggrieved may commence a mandamus action to obtain a judgment that	499
orders the public office or the person responsible for the public	500
record to comply with division (B) of this section, that awards	501
court costs and reasonable attorney's fees to the person that	502
instituted the mandamus action, and, if applicable, that includes	503
an order fixing statutory damages under division (C)(1) of this	504
section. The mandamus action may be commenced in the court of	505
common pleas of the county in which division (B) of this section	506
allegedly was not complied with, in the supreme court pursuant to	507
its original jurisdiction under Section 2 of Article IV, Ohio	508
Constitution, or in the court of appeals for the appellate	509
district in which division (B) of this section allegedly was not	510
complied with pursuant to its original jurisdiction under Section	511
3 of Article IV, Ohio Constitution.	512

If a requestor transmits a written request by hand delivery	513
or certified mail to inspect or receive copies of any public	514
record in a manner that fairly describes the public record or	515
class of public records to the public office or person responsible	516
for the requested public records, except as otherwise provided in	517
this section, the requestor shall be entitled to recover the	518
amount of statutory damages set forth in this division if a court	519
determines that the public office or the person responsible for	520
public records failed to comply with an obligation in accordance	521
with division (B) of this section.	522

The amount of statutory damages shall be fixed at one hundred	523
dollars for each business day during which the public office or	524
person responsible for the requested public records failed to	525
comply with an obligation in accordance with division (B) of this	526
section, beginning with the day on which the requester files a	527
mandamus action to recover statutory damages, up to a maximum of	528
one thousand dollars. The award of statutory damages shall not be	529
construed as a penalty, but as compensation for injury arising	530
from lost use of the requested information. The existence of this	531
injury shall be conclusively presumed. The award of statutory	532
damages shall be in addition to all other remedies authorized by	533
this section.	534

The court may reduce an award of statutory damages or not	535
award statutory damages if the court determines both of the	536
following:	537

(a) That, based on the ordinary application of statutory law	538
and case law as it existed at the time of the conduct or	539
threatened conduct of the public office or person responsible for	540
the requested public records that allegedly constitutes a failure	541
to comply with an obligation in accordance with division (B) of	542
this section and that was the basis of the mandamus action, a	543
well-informed public office or person responsible for the	544
requested public records reasonably would believe that the conduct	545
or threatened conduct of the public office or person responsible	546
for the requested public records did not constitute a failure to	547
comply with an obligation in accordance with division (B) of this	548
section;	549

(b) That a well-informed public office or person responsible	550
for the requested public records reasonably would believe that the	551
conduct or threatened conduct of the public office or person	552
responsible for the requested public records would serve the	553
public policy that underlies the authority that is asserted as	554
permitting that conduct or threatened conduct.	555

(2)(a) If the court issues a writ of mandamus that orders the	556
public office or the person responsible for the public record to	557
comply with division (B) of this section and determines that the	558
circumstances described in division (C)(1) of this section exist,	559
the court shall determine and award to the relator all court	560
costs.	561

(b) If the court renders a judgment that orders the public	562
office or the person responsible for the public record to comply	563
with division (B) of this section, the court may award reasonable	564
attorney's fees subject to reduction as described in division	565
(C)(2)(c) of this section. The court shall award reasonable	566
attorney's fees, subject to reduction as described in division	567
(C)(2)(c) of this section when either of the following applies:	568

(i) The public office or the person responsible for the	569
public records failed to respond affirmatively or negatively to	570
the public records request in accordance with the time allowed	571
under division (B) of this section.	572

(ii) The public office or the person responsible for the	573
public records promised to permit the relator to inspect or	574
receive copies of the public records requested within a specified	575
period of time but failed to fulfill that promise within that	576
specified period of time.	577

(c) Court costs and reasonable attorney's fees awarded under	578
this section shall be construed as remedial and not punitive.	579
Reasonable attorney's fees shall include reasonable fees incurred	580
to produce proof of the reasonableness and amount of the fees and	581
to otherwise litigate entitlement to the fees. The court may	582
reduce an award of attorney's fees to the relator or not award	583
attorney's fees to the relator if the court determines both of the	584
following:	585

(i) That, based on the ordinary application of statutory law	586
and case law as it existed at the time of the conduct or	587
threatened conduct of the public office or person responsible for	588
the requested public records that allegedly constitutes a failure	589
to comply with an obligation in accordance with division (B) of	590
this section and that was the basis of the mandamus action, a	591
well-informed public office or person responsible for the	592
requested public records reasonably would believe that the conduct	593
or threatened conduct of the public office or person responsible	594
for the requested public records did not constitute a failure to	595
comply with an obligation in accordance with division (B) of this	596
section;	597

(ii) That a well-informed public office or person responsible	598
for the requested public records reasonably would believe that the	599
conduct or threatened conduct of the public office or person	600
responsible for the requested public records as described in	601
division (C)(2)(c)(i) of this section would serve the public	602
policy that underlies the authority that is asserted as permitting	603
that conduct or threatened conduct.	604

(D) Chapter 1347. of the Revised Code does not limit the	605
provisions of this section.	606

(E)(1) To ensure that all employees of public offices are	607
appropriately educated about a public office's obligations under	608
division (B) of this section, all elected officials or their	609
appropriate designees shall attend training approved by the	610
attorney general as provided in section 109.43 of the Revised	611
Code. In addition, all public offices shall adopt a public records	612
policy in compliance with this section for responding to public	613
records requests. In adopting a public records policy under this	614
division, a public office may obtain guidance from the model	615
public records policy developed and provided to the public office	616
by the attorney general under section 109.43 of the Revised Code.	617
Except as otherwise provided in this section, the policy may not	618
limit the number of public records that the public office will	619
make available to a single person, may not limit the number of	620
public records that it will make available during a fixed period	621
of time, and may not establish a fixed period of time before it	622
will respond to a request for inspection or copying of public	623
records, unless that period is less than eight hours.	624

(2) The public office shall distribute the public records	625
policy adopted by the public office under division (E)(1) of this	626
section to the employee of the public office who is the records	627
custodian or records manager or otherwise has custody of the	628
records of that office. The public office shall require that	629
employee to acknowledge receipt of the copy of the public records	630
policy. The public office shall create a poster that describes its	631
public records policy and shall post the poster in a conspicuous	632
place in the public office and in all locations where the public	633
office has branch offices. The public office may post its public	634
records policy on the internet web site of the public office if	635
the public office maintains an internet web site. A public office	636
that has established a manual or handbook of its general policies	637
and procedures for all employees of the public office shall	638
include the public records policy of the public office in the	639
manual or handbook.	640

(F)(1) The bureau of motor vehicles may adopt rules pursuant	641
to Chapter 119. of the Revised Code to reasonably limit the number	642
of bulk commercial special extraction requests made by a person	643
for the same records or for updated records during a calendar	644
year. The rules may include provisions for charges to be made for	645
bulk commercial special extraction requests for the actual cost of	646
the bureau, plus special extraction costs, plus ten per cent. The	647
bureau may charge for expenses for redacting information, the	648
release of which is prohibited by law.	649

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

650

(a) "Actual cost" means the cost of depleted supplies,	651
records storage media costs, actual mailing and alternative	652
delivery costs, or other transmitting costs, and any direct	653
equipment operating and maintenance costs, including actual costs	654
paid to private contractors for copying services.	655

(b) "Bulk commercial special extraction request" means a	656
request for copies of a record for information in a format other	657
than the format already available, or information that cannot be	658
extracted without examination of all items in a records series,	659
class of records, or database by a person who intends to use or	660
forward the copies for surveys, marketing, solicitation, or resale	661
for commercial purposes. "Bulk commercial special extraction	662
request" does not include a request by a person who gives	663
assurance to the bureau that the person making the request does	664
not intend to use or forward the requested copies for surveys,	665
marketing, solicitation, or resale for commercial purposes.	666

(c) "Commercial" means profit-seeking production, buying, or	667
selling of any good, service, or other product.	668

(d) "Special extraction costs" means the cost of the time	669
spent by the lowest paid employee competent to perform the task,	670
the actual amount paid to outside private contractors employed by	671
the bureau, or the actual cost incurred to create computer	672
programs to make the special extraction. "Special extraction	673
costs" include any charges paid to a public agency for computer or	674
records services.	675

(3) For purposes of divisions (F)(1) and (2) of this section,	676
"surveys, marketing, solicitation, or resale for commercial	677
purposes" shall be narrowly construed and does not include	678
reporting or gathering news, reporting or gathering information to	679
assist citizen oversight or understanding of the operation or	680
activities of government, or nonprofit educational research.	681

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

682

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

683

(a) An individual's social security number;

684

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

685

(c) An individual's driver's license number or state	686
identification number;	687

(d) An individual's checking account number, savings account	688
number, or credit card number.	689

(2) "Public record," and "peace officer, parole officer,	690
probation officer, bailiff, prosecuting attorney, assistant	691
prosecuting attorney, correctional employee, youth services	692
employee, firefighter, EMT, or investigator of the bureau of	693
criminal identification and investigation, or private police	694
officer residential and familial information," "private police	695
department," and "private police officer" have the same meanings	696
as in section 149.43 of the Revised Code.	697

(3) "Truncate" means to redact all but the last four digits	698
of an individual's social security number.	699

(B)(1) No public office or person responsible for a public	700
office's public records shall make available to the general public	701
on the internet any document that contains an individual's social	702
security number without otherwise redacting, encrypting, or	703
truncating the social security number.	704

(2) A public office or person responsible for a public	705
office's public records that prior to the effective date of this	706
sectionOctober 17, 2011, made available to the general public on	707
the internet any document that contains an individual's social	708
security number shall redact, encrypt, or truncate the social	709
security number from that document.	710

(3) Divisions (B)(1) and (2) of this section do not apply to	711
documents that are only accessible through the internet with a	712
password.	713

(C)(1) An individual may request that a public office or a	714
person responsible for a public office's public records redact	715
personal information of that individual from any record made	716
available to the general public on the internet. An individual who	717
makes a request for redaction pursuant to this division shall make	718
the request in writing on a form developed by the attorney general	719
and shall specify the personal information to be redacted and	720
provide any information that identifies the location of that	721
personal information within a document that contains that personal	722
information.	723

(2) Upon receiving a request for a redaction pursuant to	724
division (C)(1) of this section, a public office or a person	725
responsible for a public office's public records shall act within	726
five business days in accordance with the request to redact the	727
personal information of the individual from any record made	728
available to the general public on the internet, if practicable.	729
If a redaction is not practicable, the public office or person	730
responsible for the public office's public records shall verbally	731
or in writing within five business days after receiving the	732
written request explain to the individual why the redaction is	733
impracticable.	734

(3) The attorney general shall develop a form to be used by	735
an individual to request a redaction pursuant to division (C)(1)	736
of this section. The form shall include a place to provide any	737
information that identifies the location of the personal	738
information to be redacted.	739

(D)(1) A peace officer, parole officer, probation officer,	740
bailiff, prosecuting attorney, assistant prosecuting attorney,	741
correctional employee, youth services employee, firefighter, EMT,	742
or investigator of the bureau of criminal identification and	743
investigation, or private police officer may request that a public	744
office other than a county auditor or a person responsible for the	745
public records of a public office other than a county auditor	746
redact the address of the person making the request from any	747
record made available to the general public on the internet that	748
includes peace officer, parole officer, probation officer,	749
bailiff, prosecuting attorney, assistant prosecuting attorney,	750
correctional employee, youth services employee, firefighter, EMT,	751
or investigator of the bureau of criminal identification and	752
investigation, or private police officer residential and familial	753
information of the person making the request. A person who makes a	754
request for a redaction pursuant to this division shall make the	755
request in writing and on a form developed by the attorney	756
general.	757

(2) Upon receiving a written request for a redaction pursuant	758
to division (D)(1) of this section, a public office other than a	759
county auditor or a person responsible for the public records of a	760
public office other than a county auditor shall act within five	761
business days in accordance with the request to redact the address	762
of the peace officer, parole officer, probation officer, bailiff,	763
prosecuting attorney, assistant prosecuting attorney, correctional	764
employee, youth services employee, firefighter, EMT, or	765
investigator of the bureau of criminal identification and	766
investigation, or private police officer making the request from	767
any record made available to the general public on the internet	768
that includes peace officer, parole officer, probation officer,	769
bailiff, prosecuting attorney, assistant prosecuting attorney,	770
correctional employee, youth services employee, firefighter, EMT,	771
or investigator of the bureau of criminal identification and	772
investigation, or private police officer residential and familial	773
information of the person making the request, if practicable. If a	774
redaction is not practicable, the public office or person	775
responsible for the public office's public records shall verbally	776
or in writing within five business days after receiving the	777
written request explain to the peace officer, parole officer,	778
probation officer, bailiff, prosecuting attorney, assistant	779
prosecuting attorney, correctional employee, youth services	780
employee, firefighter, EMT, or investigator of the bureau of	781
criminal identification and investigation, or private police	782
officer why the redaction is impracticable.	783

(3) Except as provided in this section and section 319.28 of	784
the Revised Code, a public office other than an employer of a	785
peace officer, parole officer, probation officer, bailiff,	786
prosecuting attorney, assistant prosecuting attorney, correctional	787
employee, youth services employee, firefighter, EMT, or	788
investigator of the bureau of criminal identification and	789
investigation or a person responsible for the public records of	790
the employer is not required to redact the residential and	791
familial information of the peace officer, parole officer,	792
probation officer, bailiff, prosecuting attorney, assistant	793
prosecuting attorney, correctional employee, youth services	794
employee, firefighter, EMT, or investigator of the bureau of	795
criminal identification and investigation from other records	796
maintained by the public office.	797

(4) The attorney general shall develop a form to be used by a	798
peace officer, parole officer, probation officer, bailiff,	799
prosecuting attorney, assistant prosecuting attorney, correctional	800
employee, youth services employee, firefighter, EMT, or	801
investigator of the bureau of criminal identification and	802
investigation, or private police officer to request a redaction	803
pursuant to division (D)(1) of this section. The form shall	804
include a place to provide any information that identifies the	805
location of the address of a peace officer, parole officer,	806
probation officer, bailiff, prosecuting attorney, assistant	807
prosecuting attorney, correctional employee, youth services	808
employee, firefighter, EMT, or investigator of the bureau of	809
criminal identification and investigation, or private police	810
officer to be redacted.	811

(E)(1) If a public office or a person responsible for a	812
public office's public records becomes aware that an electronic	813
record of that public office that is made available to the general	814
public on the internet contains an individual's social security	815
number that was mistakenly not redacted, encrypted, or truncated	816
as required by division (B)(1) or (2) of this section, the public	817
office or person responsible for the public office's public	818
records shall redact, encrypt, or truncate the individual's social	819
security number within a reasonable period of time.	820

(2) A public office or a person responsible for a public	821
office's public records is not liable in damages in a civil action	822
for any harm an individual allegedly sustains as a result of the	823
inclusion of that individual's personal information on any record	824
made available to the general public on the internet or any harm a	825
peace officer, parole officer, probation officer, bailiff,	826
prosecuting attorney, assistant prosecuting attorney, correctional	827
employee, youth services employee, firefighter, EMT, or	828
investigator of the bureau of criminal identification and	829
investigation, or private police officer sustains as a result of	830
the inclusion of the address of the peace officer, parole officer,	831
probation officer, bailiff, prosecuting attorney, assistant	832
prosecuting attorney, correctional employee, youth services	833
employee, firefighter, EMT, or investigator of the bureau of	834
criminal identification and investigation, or private police	835
officer on any record made available to the general public on the	836
internet in violation of this section unless the public office or	837
person responsible for the public office's public records acted	838
with malicious purpose, in bad faith, or in a wanton or reckless	839
manner or division (A)(6)(a) or (c) of section 2744.03 of the	840
Revised Code applies.	841

Section 2.  That existing sections 149.43 and 149.45 of the	842
Revised Code are hereby repealed.	843

Section 3. That the version of section 149.43 of the Revised	844
Code that is scheduled to take effect March 20, 2015, be amended	845
to read as follows:	846

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

847

(1) "Public record" means records kept by any public office,	848
including, but not limited to, state, county, city, village,	849
township, and school district units, and records pertaining to the	850
delivery of educational services by an alternative school in this	851
state kept by the nonprofit or for-profit entity operating the	852
alternative school pursuant to section 3313.533 of the Revised	853
Code, and records kept by a private police department. "Public	854
record" does not mean any of the following:	855

(a) Medical records;

856

(b) Records pertaining to probation and parole proceedings or	857
to proceedings related to the imposition of community control	858
sanctions and post-release control sanctions;	859

(c) Records pertaining to actions under section 2151.85 and	860
division (C) of section 2919.121 of the Revised Code and to	861
appeals of actions arising under those sections;	862

(d) Records pertaining to adoption proceedings, including the	863
contents of an adoption file maintained by the department of	864
health under sections 3705.12 to 3705.124 of the Revised Code;	865

(e) Information in a record contained in the putative father	866
registry established by section 3107.062 of the Revised Code,	867
regardless of whether the information is held by the department of	868
job and family services or, pursuant to section 3111.69 of the	869
Revised Code, the office of child support in the department or a	870
child support enforcement agency;	871

(f) Records specified in division (A) of section 3107.52 of	872
the Revised Code;	873

(g) Trial preparation records;

874

(h) Confidential law enforcement investigatory records;

875

(i) Records containing information that is confidential under	876
section 2710.03 or 4112.05 of the Revised Code;	877

(j) DNA records stored in the DNA database pursuant to	878
section 109.573 of the Revised Code;	879

(k) Inmate records released by the department of	880
rehabilitation and correction to the department of youth services	881
or a court of record pursuant to division (E) of section 5120.21	882
of the Revised Code;	883

(l) Records maintained by the department of youth services	884
pertaining to children in its custody released by the department	885
of youth services to the department of rehabilitation and	886
correction pursuant to section 5139.05 of the Revised Code;	887

(m) Intellectual property records;

888

(n) Donor profile records;

889

(o) Records maintained by the department of job and family	890
services pursuant to section 3121.894 of the Revised Code;	891

(p) Peace officer, parole officer, probation officer,	892
bailiff, prosecuting attorney, assistant prosecuting attorney,	893
correctional employee, community-based correctional facility	894
employee, youth services employee, firefighter, EMT, or	895
investigator of the bureau of criminal identification and	896
investigation, or private police officer residential and familial	897
information;	898

(q) In the case of a county hospital operated pursuant to	899
Chapter 339. of the Revised Code or a municipal hospital operated	900
pursuant to Chapter 749. of the Revised Code, information that	901
constitutes a trade secret, as defined in section 1333.61 of the	902
Revised Code;	903

(r) Information pertaining to the recreational activities of	904
a person under the age of eighteen;	905

(s) Records provided to, statements made by review board	906
members during meetings of, and all work products of a child	907
fatality review board acting under sections 307.621 to 307.629 of	908
the Revised Code, and child fatality review data submitted by the	909
child fatality review board to the department of health or a	910
national child death review database, other than the report	911
prepared pursuant to division (A) of section 307.626 of the	912
Revised Code;	913

(t) Records provided to and statements made by the executive	914
director of a public children services agency or a prosecuting	915
attorney acting pursuant to section 5153.171 of the Revised Code	916
other than the information released under that section;	917

(u) Test materials, examinations, or evaluation tools used in	918
an examination for licensure as a nursing home administrator that	919
the board of executives of long-term services and supports	920
administers under section 4751.04 of the Revised Code or contracts	921
under that section with a private or government entity to	922
administer;	923

(v) Records the release of which is prohibited by state or	924
federal law;	925

(w) Proprietary information of or relating to any person that	926
is submitted to or compiled by the Ohio venture capital authority	927
created under section 150.01 of the Revised Code;	928

(x) Financial statements and data any person submits for any	929
purpose to the Ohio housing finance agency or the controlling	930
board in connection with applying for, receiving, or accounting	931
for financial assistance from the agency, and information that	932
identifies any individual who benefits directly or indirectly from	933
financial assistance from the agency;	934

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

935

(z) Discharges recorded with a county recorder under section	936
317.24 of the Revised Code, as specified in division (B)(2) of	937
that section;	938

(aa) Usage information including names and addresses of	939
specific residential and commercial customers of a municipally	940
owned or operated public utility;	941

(bb) Records described in division (C) of section 187.04 of	942
the Revised Code that are not designated to be made available to	943
the public as provided in that division.	944

(2) "Confidential law enforcement investigatory record" means	945
any record that pertains to a law enforcement matter of a	946
criminal, quasi-criminal, civil, or administrative nature, but	947
only to the extent that the release of the record would create a	948
high probability of disclosure of any of the following:	949

(a) The identity of a suspect who has not been charged with	950
the offense to which the record pertains, or of an information	951
source or witness to whom confidentiality has been reasonably	952
promised;	953

(b) Information provided by an information source or witness	954
to whom confidentiality has been reasonably promised, which	955
information would reasonably tend to disclose the source's or	956
witness's identity;	957

(c) Specific confidential investigatory techniques or	958
procedures or specific investigatory work product;	959

(d) Information that would endanger the life or physical	960
safety of law enforcement personnel, a crime victim, a witness, or	961
a confidential information source.	962

(3) "Medical record" means any document or combination of	963
documents, except births, deaths, and the fact of admission to or	964
discharge from a hospital, that pertains to the medical history,	965
diagnosis, prognosis, or medical condition of a patient and that	966
is generated and maintained in the process of medical treatment.	967

(4) "Trial preparation record" means any record that contains	968
information that is specifically compiled in reasonable	969
anticipation of, or in defense of, a civil or criminal action or	970
proceeding, including the independent thought processes and	971
personal trial preparation of an attorney.	972

(5) "Intellectual property record" means a record, other than	973
a financial or administrative record, that is produced or	974
collected by or for faculty or staff of a state institution of	975
higher learning in the conduct of or as a result of study or	976
research on an educational, commercial, scientific, artistic,	977
technical, or scholarly issue, regardless of whether the study or	978
research was sponsored by the institution alone or in conjunction	979
with a governmental body or private concern, and that has not been	980
publicly released, published, or patented.	981

(6) "Donor profile record" means all records about donors or	982
potential donors to a public institution of higher education	983
except the names and reported addresses of the actual donors and	984
the date, amount, and conditions of the actual donation.	985

(7) "Peace officer, parole officer, probation officer,	986
bailiff, prosecuting attorney, assistant prosecuting attorney,	987
correctional employee, community-based correctional facility	988
employee, youth services employee, firefighter, EMT, or	989
investigator of the bureau of criminal identification and	990
investigation, or private police officer residential and familial	991
information" means any information that discloses any of the	992
following about a peace officer, parole officer, probation	993
officer, bailiff, prosecuting attorney, assistant prosecuting	994
attorney, correctional employee, community-based correctional	995
facility employee, youth services employee, firefighter, EMT, or	996
investigator of the bureau of criminal identification and	997
investigation, or private police officer:	998

(a) The address of the actual personal residence of a peace	999
officer, parole officer, probation officer, bailiff, assistant	1000
prosecuting attorney, correctional employee, community-based	1001
correctional facility employee, youth services employee,	1002
firefighter, EMT, or an investigator of the bureau of criminal	1003
identification and investigation, or private police officer,	1004
except for the state or political subdivision in which the peace	1005
officer, parole officer, probation officer, bailiff, assistant	1006
prosecuting attorney, correctional employee, community-based	1007
correctional facility employee, youth services employee,	1008
firefighter, EMT, or investigator of the bureau of criminal	1009
identification and investigation, or private police officer	1010
resides;	1011

(b) Information compiled from referral to or participation in	1012
an employee assistance program;	1013

(c) The social security number, the residential telephone	1014
number, any bank account, debit card, charge card, or credit card	1015
number, or the emergency telephone number of, or any medical	1016
information pertaining to, a peace officer, parole officer,	1017
probation officer, bailiff, prosecuting attorney, assistant	1018
prosecuting attorney, correctional employee, community-based	1019
correctional facility employee, youth services employee,	1020
firefighter, EMT, or investigator of the bureau of criminal	1021
identification and investigation, or private police officer;	1022

(d) The name of any beneficiary of employment benefits,	1023
including, but not limited to, life insurance benefits, provided	1024
to a peace officer, parole officer, probation officer, bailiff,	1025
prosecuting attorney, assistant prosecuting attorney, correctional	1026
employee, community-based correctional facility employee, youth	1027
services employee, firefighter, EMT, or investigator of the bureau	1028
of criminal identification and investigation, or private police	1029
officer by the peace officer's, parole officer's, probation	1030
officer's, bailiff's, prosecuting attorney's, assistant	1031
prosecuting attorney's, correctional employee's, community-based	1032
correctional facility employee's, youth services employee's,	1033
firefighter's, EMT's, or investigator of the bureau of criminal	1034
identification and investigation's, or private police officer's	1035
employer;	1036

(e) The identity and amount of any charitable or employment	1037
benefit deduction made by the peace officer's, parole officer's,	1038
probation officer's, bailiff's, prosecuting attorney's, assistant	1039
prosecuting attorney's, correctional employee's, community-based	1040
correctional facility employee's, youth services employee's,	1041
firefighter's, EMT's, or investigator of the bureau of criminal	1042
identification and investigation's, or private police officer's	1043
employer from the peace officer's, parole officer's, probation	1044
officer's, bailiff's, prosecuting attorney's, assistant	1045
prosecuting attorney's, correctional employee's, community-based	1046
correctional facility employee's, youth services employee's,	1047
firefighter's, EMT's, or investigator of the bureau of criminal	1048
identification and investigation's compensation, or private police	1049
officer's unless the amount of the deduction is required by state	1050
or federal law;	1051

(f) The name, the residential address, the name of the	1052
employer, the address of the employer, the social security number,	1053
the residential telephone number, any bank account, debit card,	1054
charge card, or credit card number, or the emergency telephone	1055
number of the spouse, a former spouse, or any child of a peace	1056
officer, parole officer, probation officer, bailiff, prosecuting	1057
attorney, assistant prosecuting attorney, correctional employee,	1058
community-based correctional facility employee, youth services	1059
employee, firefighter, EMT, or investigator of the bureau of	1060
criminal identification and investigation, or private police	1061
officer;	1062

(g) A photograph of a peace officer who holds a position or	1063
has an assignment that may include undercover or plain clothes	1064
positions or assignments as determined by the peace officer's	1065
appointing authority.	1066

As used in divisions (A)(7) and (B)(9) of this section,	1067
"peace officer" has the same meaning as in section 109.71 of the	1068
Revised Code and also includes the superintendent and troopers of	1069
the state highway patrol; it does not include the sheriff of a	1070
county or a supervisory employee who, in the absence of the	1071
sheriff, is authorized to stand in for, exercise the authority of,	1072
and perform the duties of the sheriff.	1073

As used in divisions (A)(7) and (B)(9) of this section,	1074
"correctional employee" means any employee of the department of	1075
rehabilitation and correction who in the course of performing the	1076
employee's job duties has or has had contact with inmates and	1077
persons under supervision.	1078

As used in divisions (A)(7) and (B)(9) of this section,	1079
"youth services employee" means any employee of the department of	1080
youth services who in the course of performing the employee's job	1081
duties has or has had contact with children committed to the	1082
custody of the department of youth services.	1083

As used in divisions (A)(7) and (B)(9) of this section,	1084
"firefighter" means any regular, paid or volunteer, member of a	1085
lawfully constituted fire department of a municipal corporation,	1086
township, fire district, or village.	1087

As used in divisions (A)(7) and (B)(9) of this section, "EMT"	1088
means EMTs-basic, EMTs-I, and paramedics that provide emergency	1089
medical services for a public emergency medical service	1090
organization. "Emergency medical service organization,"	1091
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in	1092
section 4765.01 of the Revised Code.	1093

As used in divisions (A)(7) and (B)(9) of this section,	1094
"investigator of the bureau of criminal identification and	1095
investigation" has the meaning defined in section 2903.11 of the	1096
Revised Code.	1097

(8) "Information pertaining to the recreational activities of	1098
a person under the age of eighteen" means information that is kept	1099
in the ordinary course of business by a public office, that	1100
pertains to the recreational activities of a person under the age	1101
of eighteen years, and that discloses any of the following:	1102

(a) The address or telephone number of a person under the age	1103
of eighteen or the address or telephone number of that person's	1104
parent, guardian, custodian, or emergency contact person;	1105

(b) The social security number, birth date, or photographic	1106
image of a person under the age of eighteen;	1107

(c) Any medical record, history, or information pertaining to	1108
a person under the age of eighteen;	1109

(d) Any additional information sought or required about a	1110
person under the age of eighteen for the purpose of allowing that	1111
person to participate in any recreational activity conducted or	1112
sponsored by a public office or to use or obtain admission	1113
privileges to any recreational facility owned or operated by a	1114
public office.	1115

(9) "Community control sanction" has the same meaning as in	1116
section 2929.01 of the Revised Code.	1117

(10) "Post-release control sanction" has the same meaning as	1118
in section 2967.01 of the Revised Code.	1119

(11) "Redaction" means obscuring or deleting any information	1120
that is exempt from the duty to permit public inspection or	1121
copying from an item that otherwise meets the definition of a	1122
"record" in section 149.011 of the Revised Code.	1123

(12) "Designee" and "elected official" have the same meanings	1124
as in section 109.43 of the Revised Code.	1125

(13) "Private police department" means a department,	1126
division, or unit of a private organization or entity that	1127
enforces criminal laws and that has employees who have a statutory	1128
power of arrest and are any of the following:	1129

(a) Employed as campus police officers under section 1713.50	1130
of the Revised Code;	1131

(b) Employed as police officers by a qualified nonprofit	1132
corporation police department pursuant to section 1702.80 of the	1133
Revised Code;	1134

(c) Appointed and commissioned as bank, savings and loan	1135
association, savings bank, credit union, or association of banks,	1136
savings and loan associations, savings banks, or credit unions	1137
police officers;	1138

(d) Appointed and commissioned as railroad police officers;

1139

(e) Appointed and commissioned as hospital police officers	1140
pursuant to sections 4973.17 to 4973.22 of the Revised Code;	1141

(f) Appointed and commissioned as amusement park police	1142
officers pursuant to section 4973.17 of the Revised Code.	1143

(14) "Private police officer" means a police officer employed	1144
by a private police department.	1145

(B)(1) Upon request and subject to division (B)(8) of this	1146
section, all public records responsive to the request shall be	1147
promptly prepared and made available for inspection to any person	1148
at all reasonable times during regular business hours. Subject to	1149
division (B)(8) of this section, upon request, a public office or	1150
person responsible for public records shall make copies of the	1151
requested public record available at cost and within a reasonable	1152
period of time. If a public record contains information that is	1153
exempt from the duty to permit public inspection or to copy the	1154
public record, the public office or the person responsible for the	1155
public record shall make available all of the information within	1156
the public record that is not exempt. When making that public	1157
record available for public inspection or copying that public	1158
record, the public office or the person responsible for the public	1159
record shall notify the requester of any redaction or make the	1160
redaction plainly visible. A redaction shall be deemed a denial of	1161
a request to inspect or copy the redacted information, except if	1162
federal or state law authorizes or requires a public office to	1163
make the redaction.	1164

(2) To facilitate broader access to public records, a public	1165
office or the person responsible for public records shall organize	1166
and maintain public records in a manner that they can be made	1167
available for inspection or copying in accordance with division	1168
(B) of this section. A public office also shall have available a	1169
copy of its current records retention schedule at a location	1170
readily available to the public. If a requester makes an ambiguous	1171
or overly broad request or has difficulty in making a request for	1172
copies or inspection of public records under this section such	1173
that the public office or the person responsible for the requested	1174
public record cannot reasonably identify what public records are	1175
being requested, the public office or the person responsible for	1176
the requested public record may deny the request but shall provide	1177
the requester with an opportunity to revise the request by	1178
informing the requester of the manner in which records are	1179
maintained by the public office and accessed in the ordinary	1180
course of the public office's or person's duties.	1181

(3) If a request is ultimately denied, in part or in whole,	1182
the public office or the person responsible for the requested	1183
public record shall provide the requester with an explanation,	1184
including legal authority, setting forth why the request was	1185
denied. If the initial request was provided in writing, the	1186
explanation also shall be provided to the requester in writing.	1187
The explanation shall not preclude the public office or the person	1188
responsible for the requested public record from relying upon	1189
additional reasons or legal authority in defending an action	1190
commenced under division (C) of this section.	1191

(4) Unless specifically required or authorized by state or	1192
federal law or in accordance with division (B) of this section, no	1193
public office or person responsible for public records may limit	1194
or condition the availability of public records by requiring	1195
disclosure of the requester's identity or the intended use of the	1196
requested public record. Any requirement that the requester	1197
disclose the requestor's identity or the intended use of the	1198
requested public record constitutes a denial of the request.	1199

(5) A public office or person responsible for public records	1200
may ask a requester to make the request in writing, may ask for	1201
the requester's identity, and may inquire about the intended use	1202
of the information requested, but may do so only after disclosing	1203
to the requester that a written request is not mandatory and that	1204
the requester may decline to reveal the requester's identity or	1205
the intended use and when a written request or disclosure of the	1206
identity or intended use would benefit the requester by enhancing	1207
the ability of the public office or person responsible for public	1208
records to identify, locate, or deliver the public records sought	1209
by the requester.	1210

(6) If any person chooses to obtain a copy of a public record	1211
in accordance with division (B) of this section, the public office	1212
or person responsible for the public record may require that	1213
person to pay in advance the cost involved in providing the copy	1214
of the public record in accordance with the choice made by the	1215
person seeking the copy under this division. The public office or	1216
the person responsible for the public record shall permit that	1217
person to choose to have the public record duplicated upon paper,	1218
upon the same medium upon which the public office or person	1219
responsible for the public record keeps it, or upon any other	1220
medium upon which the public office or person responsible for the	1221
public record determines that it reasonably can be duplicated as	1222
an integral part of the normal operations of the public office or	1223
person responsible for the public record. When the person seeking	1224
the copy makes a choice under this division, the public office or	1225
person responsible for the public record shall provide a copy of	1226
it in accordance with the choice made by the person seeking the	1227
copy. Nothing in this section requires a public office or person	1228
responsible for the public record to allow the person seeking a	1229
copy of the public record to make the copies of the public record.	1230

(7) Upon a request made in accordance with division (B) of	1231
this section and subject to division (B)(6) of this section, a	1232
public office or person responsible for public records shall	1233
transmit a copy of a public record to any person by United States	1234
mail or by any other means of delivery or transmission within a	1235
reasonable period of time after receiving the request for the	1236
copy. The public office or person responsible for the public	1237
record may require the person making the request to pay in advance	1238
the cost of postage if the copy is transmitted by United States	1239
mail or the cost of delivery if the copy is transmitted other than	1240
by United States mail, and to pay in advance the costs incurred	1241
for other supplies used in the mailing, delivery, or transmission.	1242

Any public office may adopt a policy and procedures that it	1243
will follow in transmitting, within a reasonable period of time	1244
after receiving a request, copies of public records by United	1245
States mail or by any other means of delivery or transmission	1246
pursuant to this division. A public office that adopts a policy	1247
and procedures under this division shall comply with them in	1248
performing its duties under this division.	1249

In any policy and procedures adopted under this division, a	1250
public office may limit the number of records requested by a	1251
person that the office will transmit by United States mail to ten	1252
per month, unless the person certifies to the office in writing	1253
that the person does not intend to use or forward the requested	1254
records, or the information contained in them, for commercial	1255
purposes. For purposes of this division, "commercial" shall be	1256
narrowly construed and does not include reporting or gathering	1257
news, reporting or gathering information to assist citizen	1258
oversight or understanding of the operation or activities of	1259
government, or nonprofit educational research.	1260

(8) A public office or person responsible for public records	1261
is not required to permit a person who is incarcerated pursuant to	1262
a criminal conviction or a juvenile adjudication to inspect or to	1263
obtain a copy of any public record concerning a criminal	1264
investigation or prosecution or concerning what would be a	1265
criminal investigation or prosecution if the subject of the	1266
investigation or prosecution were an adult, unless the request to	1267
inspect or to obtain a copy of the record is for the purpose of	1268
acquiring information that is subject to release as a public	1269
record under this section and the judge who imposed the sentence	1270
or made the adjudication with respect to the person, or the	1271
judge's successor in office, finds that the information sought in	1272
the public record is necessary to support what appears to be a	1273
justiciable claim of the person.	1274

(9)(a) Upon written request made and signed by a journalist	1275
on or after December 16, 1999, a public office, or person	1276
responsible for public records, having custody of the records of	1277
the agency employing a specified peace officer, parole officer,	1278
probation officer, bailiff, prosecuting attorney, assistant	1279
prosecuting attorney, correctional employee, community-based	1280
correctional facility employee, youth services employee,	1281
firefighter, EMT, or investigator of the bureau of criminal	1282
identification and investigation, or private police officer shall	1283
disclose to the journalist the address of the actual personal	1284
residence of the peace officer, parole officer, probation officer,	1285
bailiff, prosecuting attorney, assistant prosecuting attorney,	1286
correctional employee, community-based correctional facility	1287
employee, youth services employee, firefighter, EMT, or	1288
investigator of the bureau of criminal identification and	1289
investigation, or private police officer and, if the peace	1290
officer's, parole officer's, probation officer's, bailiff's,	1291
prosecuting attorney's, assistant prosecuting attorney's,	1292
correctional employee's, community-based correctional facility	1293
employee's, youth services employee's, firefighter's, EMT's, or	1294
investigator of the bureau of criminal identification and	1295
investigation's, or private police officer's spouse, former	1296
spouse, or child is employed by a public office, the name and	1297
address of the employer of the peace officer's, parole officer's,	1298
probation officer's, bailiff's, prosecuting attorney's, assistant	1299
prosecuting attorney's, correctional employee's, community-based	1300
correctional facility employee's, youth services employee's,	1301
firefighter's, EMT's, or investigator of the bureau of criminal	1302
identification and investigation's, or private police officer's	1303
spouse, former spouse, or child. The request shall include the	1304
journalist's name and title and the name and address of the	1305
journalist's employer and shall state that disclosure of the	1306
information sought would be in the public interest.	1307

(b) Division (B)(9)(a) of this section also applies to	1308
journalist requests for customer information maintained by a	1309
municipally owned or operated public utility, other than social	1310
security numbers and any private financial information such as	1311
credit reports, payment methods, credit card numbers, and bank	1312
account information.	1313

(c) As used in division (B)(9) of this section, "journalist"	1314
means a person engaged in, connected with, or employed by any news	1315
medium, including a newspaper, magazine, press association, news	1316
agency, or wire service, a radio or television station, or a	1317
similar medium, for the purpose of gathering, processing,	1318
transmitting, compiling, editing, or disseminating information for	1319
the general public.	1320

(C)(1) If a person allegedly is aggrieved by the failure of a	1321
public office or the person responsible for public records to	1322
promptly prepare a public record and to make it available to the	1323
person for inspection in accordance with division (B) of this	1324
section or by any other failure of a public office or the person	1325
responsible for public records to comply with an obligation in	1326
accordance with division (B) of this section, the person allegedly	1327
aggrieved may commence a mandamus action to obtain a judgment that	1328
orders the public office or the person responsible for the public	1329
record to comply with division (B) of this section, that awards	1330
court costs and reasonable attorney's fees to the person that	1331
instituted the mandamus action, and, if applicable, that includes	1332
an order fixing statutory damages under division (C)(1) of this	1333
section. The mandamus action may be commenced in the court of	1334
common pleas of the county in which division (B) of this section	1335
allegedly was not complied with, in the supreme court pursuant to	1336
its original jurisdiction under Section 2 of Article IV, Ohio	1337
Constitution, or in the court of appeals for the appellate	1338
district in which division (B) of this section allegedly was not	1339
complied with pursuant to its original jurisdiction under Section	1340
3 of Article IV, Ohio Constitution.	1341

If a requestor transmits a written request by hand delivery	1342
or certified mail to inspect or receive copies of any public	1343
record in a manner that fairly describes the public record or	1344
class of public records to the public office or person responsible	1345
for the requested public records, except as otherwise provided in	1346
this section, the requestor shall be entitled to recover the	1347
amount of statutory damages set forth in this division if a court	1348
determines that the public office or the person responsible for	1349
public records failed to comply with an obligation in accordance	1350
with division (B) of this section.	1351

The amount of statutory damages shall be fixed at one hundred	1352
dollars for each business day during which the public office or	1353
person responsible for the requested public records failed to	1354
comply with an obligation in accordance with division (B) of this	1355
section, beginning with the day on which the requester files a	1356
mandamus action to recover statutory damages, up to a maximum of	1357
one thousand dollars. The award of statutory damages shall not be	1358
construed as a penalty, but as compensation for injury arising	1359
from lost use of the requested information. The existence of this	1360
injury shall be conclusively presumed. The award of statutory	1361
damages shall be in addition to all other remedies authorized by	1362
this section.	1363

The court may reduce an award of statutory damages or not	1364
award statutory damages if the court determines both of the	1365
following:	1366

(a) That, based on the ordinary application of statutory law	1367
and case law as it existed at the time of the conduct or	1368
threatened conduct of the public office or person responsible for	1369
the requested public records that allegedly constitutes a failure	1370
to comply with an obligation in accordance with division (B) of	1371
this section and that was the basis of the mandamus action, a	1372
well-informed public office or person responsible for the	1373
requested public records reasonably would believe that the conduct	1374
or threatened conduct of the public office or person responsible	1375
for the requested public records did not constitute a failure to	1376
comply with an obligation in accordance with division (B) of this	1377
section;	1378

(b) That a well-informed public office or person responsible	1379
for the requested public records reasonably would believe that the	1380
conduct or threatened conduct of the public office or person	1381
responsible for the requested public records would serve the	1382
public policy that underlies the authority that is asserted as	1383
permitting that conduct or threatened conduct.	1384

(2)(a) If the court issues a writ of mandamus that orders the	1385
public office or the person responsible for the public record to	1386
comply with division (B) of this section and determines that the	1387
circumstances described in division (C)(1) of this section exist,	1388
the court shall determine and award to the relator all court	1389
costs.	1390

(b) If the court renders a judgment that orders the public	1391
office or the person responsible for the public record to comply	1392
with division (B) of this section, the court may award reasonable	1393
attorney's fees subject to reduction as described in division	1394
(C)(2)(c) of this section. The court shall award reasonable	1395
attorney's fees, subject to reduction as described in division	1396
(C)(2)(c) of this section when either of the following applies:	1397

(i) The public office or the person responsible for the	1398
public records failed to respond affirmatively or negatively to	1399
the public records request in accordance with the time allowed	1400
under division (B) of this section.	1401

(ii) The public office or the person responsible for the	1402
public records promised to permit the relator to inspect or	1403
receive copies of the public records requested within a specified	1404
period of time but failed to fulfill that promise within that	1405
specified period of time.	1406

(c) Court costs and reasonable attorney's fees awarded under	1407
this section shall be construed as remedial and not punitive.	1408
Reasonable attorney's fees shall include reasonable fees incurred	1409
to produce proof of the reasonableness and amount of the fees and	1410
to otherwise litigate entitlement to the fees. The court may	1411
reduce an award of attorney's fees to the relator or not award	1412
attorney's fees to the relator if the court determines both of the	1413
following:	1414

(i) That, based on the ordinary application of statutory law	1415
and case law as it existed at the time of the conduct or	1416
threatened conduct of the public office or person responsible for	1417
the requested public records that allegedly constitutes a failure	1418
to comply with an obligation in accordance with division (B) of	1419
this section and that was the basis of the mandamus action, a	1420
well-informed public office or person responsible for the	1421
requested public records reasonably would believe that the conduct	1422
or threatened conduct of the public office or person responsible	1423
for the requested public records did not constitute a failure to	1424
comply with an obligation in accordance with division (B) of this	1425
section;	1426

(ii) That a well-informed public office or person responsible	1427
for the requested public records reasonably would believe that the	1428
conduct or threatened conduct of the public office or person	1429
responsible for the requested public records as described in	1430
division (C)(2)(c)(i) of this section would serve the public	1431
policy that underlies the authority that is asserted as permitting	1432
that conduct or threatened conduct.	1433

(D) Chapter 1347. of the Revised Code does not limit the	1434
provisions of this section.	1435

(E)(1) To ensure that all employees of public offices are	1436
appropriately educated about a public office's obligations under	1437
division (B) of this section, all elected officials or their	1438
appropriate designees shall attend training approved by the	1439
attorney general as provided in section 109.43 of the Revised	1440
Code. In addition, all public offices shall adopt a public records	1441
policy in compliance with this section for responding to public	1442
records requests. In adopting a public records policy under this	1443
division, a public office may obtain guidance from the model	1444
public records policy developed and provided to the public office	1445
by the attorney general under section 109.43 of the Revised Code.	1446
Except as otherwise provided in this section, the policy may not	1447
limit the number of public records that the public office will	1448
make available to a single person, may not limit the number of	1449
public records that it will make available during a fixed period	1450
of time, and may not establish a fixed period of time before it	1451
will respond to a request for inspection or copying of public	1452
records, unless that period is less than eight hours.	1453

(2) The public office shall distribute the public records	1454
policy adopted by the public office under division (E)(1) of this	1455
section to the employee of the public office who is the records	1456
custodian or records manager or otherwise has custody of the	1457
records of that office. The public office shall require that	1458
employee to acknowledge receipt of the copy of the public records	1459
policy. The public office shall create a poster that describes its	1460
public records policy and shall post the poster in a conspicuous	1461
place in the public office and in all locations where the public	1462
office has branch offices. The public office may post its public	1463
records policy on the internet web site of the public office if	1464
the public office maintains an internet web site. A public office	1465
that has established a manual or handbook of its general policies	1466
and procedures for all employees of the public office shall	1467
include the public records policy of the public office in the	1468
manual or handbook.	1469

(F)(1) The bureau of motor vehicles may adopt rules pursuant	1470
to Chapter 119. of the Revised Code to reasonably limit the number	1471
of bulk commercial special extraction requests made by a person	1472
for the same records or for updated records during a calendar	1473
year. The rules may include provisions for charges to be made for	1474
bulk commercial special extraction requests for the actual cost of	1475
the bureau, plus special extraction costs, plus ten per cent. The	1476
bureau may charge for expenses for redacting information, the	1477
release of which is prohibited by law.	1478

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

1479

(a) "Actual cost" means the cost of depleted supplies,	1480
records storage media costs, actual mailing and alternative	1481
delivery costs, or other transmitting costs, and any direct	1482
equipment operating and maintenance costs, including actual costs	1483
paid to private contractors for copying services.	1484

(b) "Bulk commercial special extraction request" means a	1485
request for copies of a record for information in a format other	1486
than the format already available, or information that cannot be	1487
extracted without examination of all items in a records series,	1488
class of records, or database by a person who intends to use or	1489
forward the copies for surveys, marketing, solicitation, or resale	1490
for commercial purposes. "Bulk commercial special extraction	1491
request" does not include a request by a person who gives	1492
assurance to the bureau that the person making the request does	1493
not intend to use or forward the requested copies for surveys,	1494
marketing, solicitation, or resale for commercial purposes.	1495

(c) "Commercial" means profit-seeking production, buying, or	1496
selling of any good, service, or other product.	1497

(d) "Special extraction costs" means the cost of the time	1498
spent by the lowest paid employee competent to perform the task,	1499
the actual amount paid to outside private contractors employed by	1500
the bureau, or the actual cost incurred to create computer	1501
programs to make the special extraction. "Special extraction	1502
costs" include any charges paid to a public agency for computer or	1503
records services.	1504

(3) For purposes of divisions (F)(1) and (2) of this section,	1505
"surveys, marketing, solicitation, or resale for commercial	1506
purposes" shall be narrowly construed and does not include	1507
reporting or gathering news, reporting or gathering information to	1508
assist citizen oversight or understanding of the operation or	1509
activities of government, or nonprofit educational research.	1510

Section 4. That the existing version of section 149.43 of the	1511
Revised Code that is scheduled to take effect March 20, 2015, is	1512
hereby repealed.	1513

Section 5. Sections 3 and 4 of this act shall take effect	1514
March 20, 2015.	1515