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S. B. No. 258As IntroducedAs Introduced
124th General Assembly | Regular Session | 2001-2002 |
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SENATORS Austria, Goodman, Randy Gardner
A BILL
To amend sections 109.572 and 149.43 and to enact
sections 149.433, 505.381, 737.081, and 737.221 of
the Revised Code to require background checks on
firefighters and to exempt from the Public Records
Law specified residential and familial information
of a member of a fire department and certain
security-related information.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 109.572 and 149.43 be amended and
sections 149.433, 505.381, 737.081, and 737.221 of the Revised
Code be enacted to read as follows:
Sec. 109.572. (A)(1) Upon receipt of a request pursuant to
section 2151.86, 3301.32, 3301.541, 3319.39, 5104.012, 5104.013,
or 5153.111 of the Revised Code, a completed form prescribed
pursuant to division (C)(1) of this section, and a set of
fingerprint impressions obtained in the manner described in
division (C)(2) of this section, the superintendent of the bureau
of criminal identification and investigation shall conduct a
criminal records check in the manner described in division (B) of
this section to determine whether any information exists that
indicates that the person who is the subject of the request
previously has been convicted of or pleaded guilty to any of the
following: (a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,
2925.06, or 3716.11 of the Revised Code, felonious sexual
penetration in violation of former section 2907.12 of the Revised
Code, a violation of section 2905.04 of the Revised Code as it
existed prior to July 1, 1996, a violation of section 2919.23 of
the Revised Code that would have been a violation of section
2905.04 of the Revised Code as it existed prior to July 1, 1996,
had the violation been committed prior to that date, or a
violation of section 2925.11 of the Revised Code that is not a
minor drug possession offense; (b) A violation of an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to any of the offenses listed in division (A)(1)(a) of
this section. (2) On receipt of a request pursuant to section 5123.081 of
the Revised Code with respect to an applicant for employment in
any position with the department of mental retardation and
developmental disabilities, pursuant to section 5126.28 of the
Revised Code with respect to an applicant for employment in any
position with a county board of mental retardation and
developmental disabilities, or pursuant to section 5126.281 of the
Revised Code with respect to an applicant for employment in a
direct services position with an entity contracting with a county
board for employment, a completed form prescribed pursuant to
division (C)(1) of this section, and a set of fingerprint
impressions obtained in the manner described in division (C)(2) of
this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check. The superintendent shall conduct the criminal records
check in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request has been convicted of or
pleaded guilty to any of the following: (a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, or
3716.11 of the Revised Code; (b) An existing or former municipal ordinance or law of this
state, any other state, or the United States that is substantially
equivalent to any of the offenses listed in division (A)(2)(a) of
this section. (3) On receipt of a request pursuant to section 173.41,
3712.09, 3721.121, or 3722.151 of the Revised Code, a completed
form prescribed pursuant to division (C)(1) of this section, and a
set of fingerprint impressions obtained in the manner described in
division (C)(2) of this section, the superintendent of the bureau
of criminal identification and investigation shall conduct a
criminal records check with respect to any person who has applied
for employment in a position that involves providing direct care
to an older adult. The superintendent shall conduct the criminal
records check in the manner described in division (B) of this
section to determine whether any information exists that indicates
that the person who is the subject of the request previously has
been convicted of or pleaded guilty to any of the following: (a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,
2925.22, 2925.23, or 3716.11 of the Revised Code; (b) An existing or former law of this state, any other
state, or the United States that is substantially equivalent to
any of the offenses listed in division (A)(3)(a) of this section. (4) On receipt of a request pursuant to section 3701.881 of
the Revised Code with respect to an applicant for employment with
a home health agency as a person responsible for the care,
custody, or control of a child, a completed form prescribed
pursuant to division (C)(1) of this section, and a set of
fingerprint impressions obtained in the manner described in
division (C)(2) of this section, the superintendent of the bureau
of criminal identification and investigation shall conduct a
criminal records check. The superintendent shall conduct the
criminal records check in the manner described in division (B) of
this section to determine whether any information exists that
indicates that the person who is the subject of the request
previously has been convicted of or pleaded guilty to any of the
following: (a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a
violation of section 2925.11 of the Revised Code that is not a
minor drug possession offense; (b) An existing or former law of this state, any other
state, or the United States that is substantially equivalent to
any of the offenses listed in division (A)(4)(a) of this section. (5) On receipt of a request pursuant to section 3701.881 of
the Revised Code with respect to an applicant for employment with
a home health agency in a position that involves providing direct
care to an older adult, a completed form prescribed pursuant to
division (C)(1) of this section, and a set of fingerprint
impressions obtained in the manner described in division (C)(2) of
this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check. The superintendent shall conduct the criminal records
check in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty to any of the following: (a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,
2925.22, 2925.23, or 3716.11 of the Revised Code; (b) An existing or former law of this state, any other
state, or the United States that is substantially equivalent to
any of the offenses listed in division (A)(5)(a) of this section. (6)
On receipt of a request pursuant to section 505.381,
737.081, or 737.221 of the Revised Code, a completed form
prescribed pursuant to division (C)(1) of this section, and a set
of fingerprint impressions obtained in the manner described in
division (C)(2) of this section, the superintendent of the bureau
of criminal identification and investigation shall conduct a
criminal records check in the manner described in division (B) of
this section to determine whether any information exists that
indicates that the person who is the subject of the request
previously has been convicted of or pleaded guilty to any of the
following:
(b) A violation of section 2909.03 of the Revised Code;
(c) A violation of an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to any of the offenses listed in division (A)(6)(a) or
(b) of this section.
(7) When conducting a criminal records check upon a request
pursuant to section 3319.39 of the Revised Code for an applicant
who is a teacher, in addition to the determination made under
division (A)(1) of this section, the superintendent shall
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty to any offense specified in section
3319.31 of the Revised Code. (7)(8) When conducting a criminal records check on a request
pursuant to section 2151.86 of the Revised Code for a person who
is a prospective foster caregiver or who is eighteen years old or
older and resides in the home of a prospective foster caregiver,
the superintendent, in addition to the determination made under
division (A)(1) of this section, shall determine whether any
information exists that indicates that the person has been
convicted of or pleaded guilty to a violation of:
(a) Section 2909.02 or 2909.03 of the Revised Code; (b) An existing or former law of this state, any other
state, or the United States that is substantially equivalent to
section 2909.02 or 2909.03 of the Revised Code. (8)(9) Not later than thirty days after the date the
superintendent receives the request, completed form, and
fingerprint impressions, the superintendent shall send the person,
board, or entity that made the request any information, other than
information the dissemination of which is prohibited by federal
law, the superintendent determines exists with respect to the
person who is the subject of the request that indicates that the
person previously has been convicted of or pleaded guilty to any
offense listed or described in division (A)(1), (2), (3), (4),
(5), (6),
or (7), or (8) of this section, as appropriate. The
superintendent shall send the person, board, or entity that made
the request a copy of the list of offenses specified in division
(A)(1), (2), (3), (4), (5), (6),
or (7), or (8) of this section,
as appropriate. If the request was made under section 3701.881 of
the Revised Code with regard to an applicant who may be both
responsible for the care, custody, or control of a child and
involved in providing direct care to an older adult, the
superintendent shall provide a list of the offenses specified in
divisions (A)(4) and (5) of this section.
(B) The superintendent shall conduct any criminal records
check requested under section 173.41,
505.381, 737.081, 737.221,
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,
3722.151, 5104.012, 5104.013, 5123.081, 5126.28, 5126.281, or
5153.111 of the Revised Code as follows: (1) The superintendent shall review or cause to be reviewed
any relevant information gathered and compiled by the bureau under
division (A) of section 109.57 of the Revised Code that relates to
the person who is the subject of the request, including any
relevant information contained in records that have been sealed
under section 2953.32 of the Revised Code; (2) If the request received by the superintendent asks for
information from the federal bureau of investigation, the
superintendent shall request from the federal bureau of
investigation any information it has with respect to the person
who is the subject of the request and shall review or cause to be
reviewed any information the superintendent receives from that
bureau. (C)(1) The superintendent shall prescribe a form to obtain
the information necessary to conduct a criminal records check from
any person for whom a criminal records check is required by
section 173.41,
505.381, 737.081, 737.221, 2151.86, 3301.32,
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151,
5104.012, 5104.013, 5123.081, 5126.28, 5126.281, or 5153.111 of
the Revised Code. The form that the superintendent prescribes
pursuant to this division may be in a tangible format, in an
electronic format, or in both tangible and electronic formats. (2) The superintendent shall prescribe standard impression
sheets to obtain the fingerprint impressions of any person for
whom a criminal records check is required by section 173.41,
505.381, 737.081, 737.221, 2151.86, 3301.32, 3301.541, 3319.39,
3701.881, 3712.09, 3721.121, 3722.151, 5104.012, 5104.013,
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. Any
person for whom a records check is required by any of those
sections shall obtain the fingerprint impressions at a county
sheriff's office, municipal police department, or any other entity
with the ability to make fingerprint impressions on the standard
impression sheets prescribed by the superintendent. The office,
department, or entity may charge the person a reasonable fee for
making the impressions. The standard impression sheets the
superintendent prescribes pursuant to this division may be in a
tangible format, in an electronic format, or in both tangible and
electronic formats. (3) Subject to division (D) of this section, the
superintendent shall prescribe and charge a reasonable fee for
providing a criminal records check requested under section 173.41,
505.381, 737.081, 737.221, 2151.86, 3301.32, 3301.541, 3319.39,
3701.881, 3712.09, 3721.121, 3722.151, 5104.012, 5104.013,
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. The
person making a criminal records request under section 173.41,
505.381, 737.081, 737.221, 2151.86, 3301.32, 3301.541, 3319.39,
3701.881, 3712.09, 3721.121, 3722.151, 5104.012, 5104.013,
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code shall
pay the fee prescribed pursuant to this division. A person making
a request under section 3701.881 of the Revised Code for a
criminal records check for an applicant who may be both
responsible for the care, custody, or control of a child and
involved in providing direct care to an older adult shall pay one
fee for the request. (4) The superintendent of the bureau of criminal
identification and investigation may prescribe methods of
forwarding fingerprint impressions and information necessary to
conduct a criminal records check, which methods shall include, but
not be limited to, an electronic method. (D) A determination whether any information exists that
indicates that a person previously has been convicted of or
pleaded guilty to any offense listed or described in division
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or
(b), (A)(5)(a) or (b), (A)(6)(a) or (b),
or (A)(7)(a) or (b), or
(A)(8)(a) or (b) of this section that is made by the
superintendent with respect to information considered in a
criminal records check in accordance with this section is valid
for the person who is the subject of the criminal records check
for a period of one year from the date upon which the
superintendent makes the determination. During the period in
which the determination in regard to a person is valid, if another
request under this section is made for a criminal records check
for that person, the superintendent shall provide the information
that is the basis for the superintendent's initial determination
at a lower fee than the fee prescribed for the initial criminal
records check. (E) As used in this section: (1) "Criminal records check" means any criminal records
check conducted by the superintendent of the bureau of criminal
identification and investigation in accordance with division (B)
of this section. (2) "Minor drug possession offense" has the same meaning as
in section 2925.01 of the Revised Code. (3) "Older adult" means a person age sixty or older.
Sec. 149.43. (A) As used in this section: (1) "Public record" means
records kept by
any
public
office, including, but not limited to, state, county,
city,
village, township, and school district units,
and records
pertaining to the delivery of educational
services by an
alternative
school in Ohio kept by a nonprofit or
for profit
entity operating such
alternative school pursuant to
section
3313.533 of the Revised
Code. "Public record" does not
mean any of
the following: (b) Records pertaining to probation and parole proceedings; (c) Records pertaining to actions under section 2151.85 and
division
(C) of section 2919.121 of
the Revised Code and to
appeals of actions arising under
those sections; (d) Records pertaining to adoption proceedings, including
the
contents of an adoption file maintained by the department of
health under
section 3705.12 of the Revised Code; (e) Information in a record contained in the putative father
registry
established by section 3107.062 of the Revised Code,
regardless of whether the
information is held by the department of
job and family
services or, pursuant to
section 3111.69 of the
Revised Code, the
office of child support in the
department or a
child support enforcement agency; (f) Records listed in division (A) of section 3107.42 of the
Revised Code or
specified in division (A) of section 3107.52 of
the Revised Code; (g) Trial preparation records; (h) Confidential law enforcement investigatory records; (i) Records containing information that is confidential
under
section 2317.023 or 4112.05 of the Revised Code; (j) DNA records stored in the DNA database
pursuant to
section 109.573 of the Revised Code; (k) Inmate records released by the department of
rehabilitation and
correction to
the department of youth services
or a court of record pursuant to division (E)
of section 5120.21
of the Revised Code; (l) Records maintained by the department of youth services
pertaining to
children in its custody released by the department
of youth services to the
department of rehabilitation and
correction pursuant to section 5139.05 of the
Revised Code; (m) Intellectual property records; (n) Donor profile records; (o) Records maintained by the department of job and
family
services pursuant to
section 3121.894 of the Revised Code; (p) Peace officer residential and familial information; (q) In the case of a county hospital operated
pursuant to
Chapter
339. of the Revised Code, information that constitutes a
trade secret,
as defined in section 1333.61 of the Revised Code; (r) Information pertaining to the recreational activities of
a person under
the age of eighteen; (s) Records provided to, statements made by review board
members
during meetings of, and all work products of a child
fatality review
board acting under sections 307.621 to 307.629 of
the Revised Code, other than
the report
prepared pursuant to
section 307.626
of the Revised Code; (t) Records provided to and statements made by the
executive
director of a public children services agency or a prosecuting
attorney acting
pursuant to section
5153.171 of the Revised Code
other than the information
released
under that section; (u) Test materials, examinations, or evaluation tools used
in an
examination for licensure as a nursing home administrator
that the board of
examiners of nursing home administrators
administers under section 4751.04 of
the Revised Code or contracts
under that section with a
private or government entity to
administer; (v) Records the release of which is prohibited by state or
federal law; (w) Firefighter residential and familial information. (2) "Confidential law enforcement investigatory record"
means any record that pertains to a law enforcement matter of a
criminal, quasi-criminal, civil, or administrative nature, but
only to the extent that the release of the record would create a
high probability of disclosure of any of the following: (a) The identity of a suspect who has not been charged
with
the offense to which the record pertains, or of an
information
source or witness to whom confidentiality has been
reasonably
promised; (b) Information provided by an information source or
witness
to whom confidentiality has been reasonably promised,
which
information would reasonably tend to disclose the source's or
witness's
identity; (c) Specific confidential investigatory techniques or
procedures or specific investigatory work product; (d) Information that would endanger the life or physical
safety of law enforcement personnel, a crime victim, a witness,
or
a confidential information source. (3) "Medical record" means any document or combination of
documents, except births, deaths, and the fact of admission to or
discharge from a hospital, that pertains to the medical history,
diagnosis, prognosis, or medical condition of a patient and that
is generated and maintained in the process of medical treatment. (4) "Trial preparation record" means any record that
contains information that is specifically compiled in reasonable
anticipation of, or in defense of, a civil or criminal action or
proceeding, including the independent thought processes and
personal trial preparation of an attorney. (5) "Intellectual property record" means a record,
other
than a financial or administrative record, that is produced or
collected
by or for faculty or staff of a state institution of
higher learning in the
conduct of or as a result of study or
research on an educational, commercial,
scientific, artistic,
technical, or scholarly issue, regardless of whether the
study or
research was sponsored by the institution alone or in conjunction
with
a governmental body or private concern, and that has not been
publicly
released, published, or patented. (6) "Donor profile record" means all records about donors or
potential
donors to a public institution of higher education
except the names and
reported addresses of the actual donors and
the date, amount, and conditions
of the actual donation. (7) "Peace officer residential and familial information"
means
either of the following: (a) Any information maintained in a personnel record of a
peace officer that
discloses any of the following: (i) The address of the actual personal residence of a peace
officer, except for the state or political subdivision in which
the peace
officer resides; (ii) Information compiled from referral to or participation
in an
employee assistance program; (iii) The social security number, the residential telephone
number,
any bank account, debit card, charge card, or credit card
number, or the
emergency telephone number of, or any medical
information pertaining to, a peace officer; (iv) The name of any beneficiary of employment benefits,
including,
but not limited to, life insurance benefits, provided
to a peace officer by
the peace officer's employer; (v) The identity and amount of any charitable or employment
benefit deduction made by the peace officer's employer from the
peace
officer's compensation unless the amount of the deduction is
required by state
or federal law; (vi) The name, the residential address, the name of the
employer,
the address of the employer, the social security number,
the residential
telephone number, any bank account, debit card,
charge card, or credit card
number, or the emergency telephone
number
of the spouse, a former spouse, or any child of a peace
officer. (b) Any record that identifies a person's occupation as a
peace
officer other than statements required to include the
disclosure of that fact
under the campaign
finance law. As used in divisions (A)(7) and (B)(5) of this section,
"peace officer"
has the same meaning as in section 109.71 of the
Revised Code
and also includes the superintendent and troopers of
the state highway patrol;
it does not include the
sheriff of a
county or a supervisory employee who, in the absence of the
sheriff, is authorized to stand in for, exercise the authority of,
and perform
the duties of the sheriff. (8) "Information pertaining to the recreational activities
of a
person under the age of eighteen"
means information that is
kept in the ordinary course of business by a public
office, that
pertains to the recreational activities of a person under the age
of eighteen years, and that
discloses any of the following: (a) The address or telephone number of a person under the
age of
eighteen or the address or telephone number of that
person's parent, guardian,
custodian, or emergency contact person; (b) The social security number, birth date, or photographic
image
of a person under the age of eighteen; (c) Any medical record, history, or information pertaining
to a
person under the age of eighteen; (d) Any additional information sought or required about a
person
under the age of eighteen for the purpose of allowing that
person to
participate in any recreational activity conducted or
sponsored by a public
office or to use or
obtain admission
privileges to any recreational facility owned or operated by
a
public office. (B)(1) Subject to division (B)(4) of this section, all
public records shall
be promptly prepared and made
available for
inspection to any person at all reasonable times
during regular
business hours. Subject to division (B)(4) of this section,
upon
request, a public office or person
responsible for public records
shall make copies available at
cost, within a reasonable period of
time. In order to facilitate
broader access to public records,
public offices shall
maintain public records in a manner that they
can be made
available for inspection in accordance with this
division. (2) If any person chooses to obtain a copy of a public
record in
accordance with division (B)(1) of this section,
the
public office or person responsible for the public record shall
permit
that person to
choose to have the public record duplicated
upon paper, upon the same medium
upon which the public office or
person responsible for the public record keeps
it, or upon
any
other medium upon which the public office or person responsible
for the
public record determines
that it reasonably can be
duplicated
as an integral part of the normal operations of the
public office or person
responsible for the public record. When
the person
seeking the copy makes a choice under this division,
the public office or
person responsible for the public record
shall provide a copy of it in
accordance
with the choice made by
the person seeking the copy. (3) Upon a request made in accordance with division (B)(1)
of
this section, a public office or person responsible for public
records
shall transmit a copy of a public record to any person by
United
States mail within a reasonable period of time after
receiving the
request for the
copy. The public office or person
responsible for the public record may
require the person making
the request to pay in advance the cost of postage and other
supplies used in
the mailing. Any public office
may adopt a policy and procedures that it
will follow in
transmitting, within a reasonable period of time
after receiving
a request, copies of public records by
United
States mail pursuant to this
division. A public office that
adopts a policy and procedures
under this division shall comply
with them in performing its
duties under this division. In any policy and procedures adopted under this division, a
public office may limit the number of records requested by a
person that
the office will transmit by United States mail to ten
per
month, unless the person certifies to the office in writing
that the person
does not intend to use or forward the requested
records, or the information
contained
in them, for commercial
purposes. For purposes of this division, "commercial"
shall be
narrowly construed and does not include reporting or gathering
news,
reporting or gathering information to assist citizen
oversight or
understanding of the operation or activities of
government, or nonprofit
educational research. (4) A public office or person responsible for public records
is
not required to permit a person who is incarcerated pursuant to
a
criminal conviction or a juvenile adjudication to inspect or to
obtain a copy of any public record concerning a criminal
investigation or prosecution or concerning what would be a
criminal investigation or prosecution if the subject of the
investigation or prosecution were an adult, unless the request to
inspect or to obtain a copy of the record is for the purpose of
acquiring information that is subject to release as a public
record under this section and the judge who imposed the sentence
or made the adjudication with respect to the person, or the
judge's successor in office, finds that the information sought in
the public record is necessary to support what appears to be a
justiciable claim of the person. (5) Upon written request made and signed by a journalist on
or after
December 16,
1999, a
public office, or person responsible
for public records, having custody of
the records of the agency
employing a specified peace officer shall disclose
to the
journalist the address of the actual personal residence of the
peace
officer and, if the peace officer's spouse, former spouse,
or
child is employed by a public office, the name and address of
the
employer of the peace officer's spouse, former spouse, or
child.
The request shall include the journalist's name and title
and the
name and address of the journalist's employer and shall
state
that disclosure of the information sought would be in the
public
interest. As used in division (B)(5) of this section, "journalist"
means a
person engaged in, connected with, or employed by any news
medium, including a
newspaper, magazine, press association, news
agency, or wire service, a radio or television station, or a
similar medium, for the purpose of gathering, processing,
transmitting, compiling, editing, or disseminating information for
the
general public. (C) If a person allegedly is aggrieved by the failure of a
public office to promptly prepare a public record and to make
it
available to the person for inspection in accordance with
division
(B) of this section, or if a person who has requested a copy of a
public record allegedly is aggrieved by the failure of a public
office or the
person
responsible for the public record to make a
copy available to
the person allegedly aggrieved in accordance
with division (B) of this section, the person allegedly aggrieved
may commence a mandamus action to obtain a judgment that orders
the public office or the person responsible for the public
record
to comply with division (B) of this section and that
awards
reasonable attorney's fees to the person that instituted
the
mandamus action. The mandamus action may be commenced in the
court of common pleas of the county in which division (B) of this
section allegedly was not complied with, in the supreme court
pursuant to its original jurisdiction under Section 2 of Article
IV, Ohio Constitution, or in the court of appeals for the
appellate district in which division (B) of this section
allegedly
was not complied with pursuant to its original
jurisdiction under
Section 3 of Article IV, Ohio Constitution. (D) Chapter 1347. of the Revised Code does not limit the
provisions of this section. (E)(1) The bureau of motor vehicles may adopt rules pursuant
to
Chapter 119. of the Revised Code to reasonably
limit the number
of bulk commercial special extraction requests made by a
person
for the same records or for updated records during a calendar
year.
The rules may include provisions for charges to be made for
bulk commercial
special
extraction requests for the actual cost of
the bureau, plus special extraction
costs, plus ten per cent. The
bureau may charge for
expenses for redacting information, the
release of which is prohibited by
law. (2) As used in divisions (B)(3) and (E)(1) of this section: (a) "Actual cost" means the cost of depleted supplies,
records
storage media costs, actual mailing and alternative
delivery costs, or other
transmitting costs, and any direct
equipment operating and maintenance costs,
including actual costs
paid to private contractors for
copying services. (b) "Bulk commercial special extraction request" means a
request
for copies of a record for information in a format other
than the format
already available, or information that cannot be
extracted without examination
of all items in a records series,
class of records, or data base by a person
who intends to use or
forward the copies for surveys, marketing, solicitation, or resale
for
commercial purposes. "Bulk commercial special extraction
request" does not
include a request by a person who gives
assurance to the bureau that the
person making the request does
not intend to use or forward the requested
copies for surveys,
marketing,
solicitation, or resale for commercial purposes. (c) "Commercial" means profit-seeking production, buying, or
selling of any good, service, or other product. (d) "Special extraction costs" means the cost of the time
spent
by the lowest paid employee competent to perform the task,
the actual amount
paid to outside private contractors employed by
the bureau, or the actual cost
incurred to create computer
programs to make the special extraction. "Special
extraction
costs" include any charges paid to a public agency for computer or
records services. (3) For purposes of divisions (E)(1)
and (2) of this
section, "commercial surveys, marketing, solicitation, or
resale"
shall be narrowly construed and does not include reporting or
gathering
news, reporting or gathering information to assist
citizen oversight or
understanding of the operation or activities
of government, or nonprofit
educational research.
Sec. 149.433. (A) As used in this section: (1) "Act of terrorism" has the same meaning as in section
2909.21 of the Revised Code. (2) "Infrastructure record" means any record that discloses
the configuration of a public office's critical systems including,
but not limited to, communication, computer, electrical,
mechanical, ventilation, water, and plumbing systems, security
codes, or the
infrastructure or structural configuration of the
building in
which a public office is located. "Infrastructure
record" does
not mean a simple floor plan that discloses only the
spatial
relationship of components of a public office or the
building in
which a public
office is located. (3) "Security record" means either of the following:
(a) Any record that contains information directly used for
protecting or maintaining the security of a public office against
attack, interference, or sabotage;
(b) Any record assembled, prepared, or maintained by a
public office or public body to prevent, mitigate, or respond to
acts of terrorism, including any of the following:
(i) Those portions of records containing specific and
unique vulnerability assessments or specific and unique response
plans either of which is intended to prevent or mitigate acts of
terrorism, and communication codes or deployment plans of law
enforcement or emergency response personnel;
(ii) Specific intelligence information and specific
investigative records shared by federal and international law
enforcement agencies with state and local law enforcement and
public safety agencies; (iii) National security records classified under federal
executive order and not subject to public disclosure under federal
law that are shared by federal agencies, and other records related
to national security briefings to assist state and local
government with domestic preparedness for acts of terrorism.
(B) A record kept by a public office that is a security
record or an infrastructure record is not a public record under
section 149.43 of the
Revised Code and is not subject to mandatory
release or disclosure under
that section. (C) Notwithstanding any other section of the Revised Code, a
public office's or a public employee's disclosure of a security
record or
infrastructure record that is necessary for
construction,
renovation, or remodeling work on any public
building or project
does not constitute public disclosure for
purposes of waiving
division (B) of this section and does not
result in that record
becoming a public record for purposes of
section 149.43 of the
Revised Code.
Sec. 505.381. (A) The fire chief of a township or fire
district shall request the superintendent of BCII to conduct a
criminal records check with respect to any person who is under
final consideration for appointment or employment as a full-time
paid firefighter and may request the superintendent of BCII to
conduct a criminal records check with respect to any person who is
under final consideration for appointment as a volunteer
firefighter.
(B) If a person subject to a criminal records check does not
present proof that the person has been a resident of this state
for the five-year period immediately prior to the date upon which
the criminal records check is requested or does not provide
evidence that within that five-year period the superintendent of
BCII has requested information about the person from the federal
bureau of investigation in a criminal records check, the fire
chief of the township or fire district may request that the
superintendent of BCII obtain information from the federal bureau
of investigation as a part of the criminal records check. If the
person subject to the criminal records check presents proof that
the person has been a resident of this state for that five-year
period, the fire chief may request that the superintendent of BCII
include information from the federal bureau of investigation in
the criminal records check.
A fire chief required by division (A) of this section to
request a criminal records check shall provide to each person
subject to a criminal records check a copy of the form prescribed
pursuant to division (C)(1) of section 109.572 of the Revised Code
and a standard impression sheet to obtain fingerprint impressions
prescribed pursuant to division (C)(2) of section 109.572 of the
Revised Code, obtain the completed form and impression sheet from
the person, and forward the completed form and impression sheet to
the superintendent of BCII at the time the criminal records check
is requested.
Any person subject to a criminal records check who receives
pursuant to this division a copy of the form prescribed pursuant
to division (C)(1) of section 109.572 of the Revised Code and a
copy of an impression sheet prescribed pursuant to division (C)(2)
of that section and who is requested to complete the form and
provide a set of fingerprint impressions shall complete the form
or provide all the information necessary to complete the form and
shall provide the impression sheet with the impressions of the
person's fingerprints. If a person subject to a criminal records
check, upon request, fails to provide the information necessary to
complete the form or fails to provide impressions of the person's
fingerprints, the appointing authority shall not appoint or employ
the person as a permanent full-time paid firefighter or a
volunteer firefighter.
(C)(1) No appointing authority shall appoint or employ a
person as a permanent full-time paid firefighter or a volunteer
firefighter if the person previously has been convicted of or
pleaded guilty to any of the following, unless the person meets
rehabilitation standards established in rules adopted under
division (F) of this section:
(b) A violation of section 2909.03 of the Revised Code; (c) A violation of an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to any of the offenses described in division (C)(1)(a)
or (b) of this section.
(2) The appointing authority may appoint or employ a person
as a permanent full-time paid firefighter or volunteer firefighter
conditionally until the criminal records check required by this
section is completed and the fire chief receives the results of
the criminal records check. If the results of the criminal
records check indicate that, pursuant to division (C)(1) of this
section, the person subject to the criminal records check does not
qualify for appointment or employment, the fire chief shall
release the person from appointment or employment.
(D) The fire chief shall pay to the bureau of criminal
identification and investigation the fee prescribed pursuant to
division (C)(3) of section 109.572 of the Revised Code for each
criminal records check conducted in accordance with that section
upon a request pursuant to division (A) of this section. The fire
chief may charge the person subject to the criminal records check
a fee for the costs the fire chief incurs in obtaining the
criminal records check. A fee charged under this division shall
not exceed the amount of fees the fire chief pays for the criminal
records check. If a fee is charged under this division, the fire
chief shall notify the person who is the applicant at the time of
the person's initial application for appointment or employment of
the amount of the fee and that, unless the fee is paid, the person
who is the applicant will not be considered for appointment or
employment.
(E) The report of any criminal records check conducted by
the bureau of criminal identification and investigation in
accordance with section 109.572 of the Revised Code and pursuant
to a request made under division (A) of this section is not a
public record for the purposes of section 149.43 of the Revised
Code and shall not be made available to any person other than the
person who is the subject of the criminal records check or the
person's representative or the fire chief requesting the criminal
records check or the fire chief's representative. (F) The appointing authority shall adopt rules in accordance
with Chapter 119. of the Revised Code to implement this section.
The rules shall include rehabilitation standards a person who has
been convicted of or pleaded guilty to an offense listed in
division (C)(1) of this section must meet for the appointing
authority to appoint or employ the person as a permanent full-time
paid firefighter or a volunteer firefighter. (G) The fire chief who requests a criminal records check
shall inform each person who is the applicant, at the time of the
person's initial application for appointment or employment that
the person subject to the criminal records check is required to
provide a set of impressions of the person's fingerprints and that
a criminal records check is required to be conducted and
satisfactorily completed in accordance with section 109.572 of the
Revised Code.
(H) As used in this section:
(1) "Appointing authority" means any person or body that has
the authority to hire, appoint, or employ permanent, full-time
paid firefighters and volunteer firefighters under sections
505.39, 737.08, and 737.22 of the Revised Code.
(2) "Criminal records check" has the same meaning as in
section 109.572 of the Revised Code.
(3) "Superintendent of BCII" has the same meaning as in
section 2151.86 of the Revised Code.
Sec. 737.081. (A) The fire chief of a city fire department
shall request the superintendent of BCII to conduct a criminal
records check with respect to any person who is under final
consideration for appointment or employment as a full-time paid
firefighter and may request the superintendent of BCII to conduct
a criminal records check with respect to any person who is under
final consideration for appointment as a volunteer firefighter.
(B) If a person subject to a criminal records check does not
present proof that the person has been a resident of this state
for the five-year period immediately prior to the date upon which
the criminal records check is requested or does not provide
evidence that within that five-year period the superintendent of
BCII has requested information about the person from the federal
bureau of investigation in a criminal records check, the fire
chief of the city may request that the superintendent of BCII
obtain information from the federal bureau of investigation as a
part of the criminal records check. If the person subject to the
criminal records check presents proof that the person has been a
resident of this state for that five-year period, the fire chief
may request that the superintendent of BCII include information
from the federal bureau of investigation in the criminal records
check.
A fire chief required by division (A) of this section to
request a criminal records check shall provide to each person
subject to a criminal records check a copy of the form prescribed
pursuant to division (C)(1) of section 109.572 of the Revised Code
and a standard impression sheet to obtain fingerprint impressions
prescribed pursuant to division (C)(2) of section 109.572 of the
Revised Code, obtain the completed form and impression sheet from
the person, and forward the completed form and impression sheet to
the superintendent of BCII at the time the criminal records check
is requested.
Any person subject to a criminal records check who receives
pursuant to this division a copy of the form prescribed pursuant
to division (C)(1) of section 109.572 of the Revised Code and a
copy of an impression sheet prescribed pursuant to division (C)(2)
of that section and who is requested to complete the form and
provide a set of fingerprint impressions shall complete the form
or provide all the information necessary to complete the form and
shall provide the impression sheet with the impressions of the
person's fingerprints. If a person subject to a criminal records
check, upon request, fails to provide the information necessary to
complete the form or fails to provide impressions of the person's
fingerprints, the appointing authority shall not appoint or employ
the person as a permanent full-time paid firefighter or a
volunteer firefighter.
(C)(1) No appointing authority shall appoint or employ a
person as a permanent full-time paid firefighter or a volunteer
firefighter if the person previously has been convicted of or
pleaded guilty to any of the following, unless the person meets
rehabilitation standards established in rules adopted under
division (F) of this section:
(b) A violation of section 2909.03 of the Revised Code; (c) An existing or former law of this state, any other state,
or the United States that is substantially equivalent to any
offense listed in division (C)(1)(a) or (b) of this section.
(2) The appointing authority may appoint or employ a person
as a permanent full-time paid firefighter or volunteer firefighter
conditionally until the criminal records check required by this
section is completed and the fire chief receives the results of
the criminal records check. If the results of the criminal
records check indicate that, pursuant to division (C)(1) of this
section, the person subject to the criminal records check does not
qualify for appointment or employment, the fire chief shall
release the person from appointment or employment. (D) The fire chief shall pay to the bureau of criminal
identification and investigation the fee prescribed pursuant to
division (C)(3) of section 109.572 of the Revised Code for each
criminal records check conducted in accordance with that section
upon a request pursuant to division (A) of this section. The fire
chief may charge the person subject to the criminal records check
a fee for the costs the fire chief incurs in obtaining the
criminal records check. A fee charged under this division shall
not exceed the amount of fees the fire chief pays for the criminal
records check. If a fee is charged under this division, the fire
chief shall notify the person who is the applicant at the time of
the person's initial application for appointment or employment of
the amount of the fee and that, unless the fee is paid, the person
who is the applicant will not be considered for appointment or
employment.
(E) The report of any criminal records check conducted by
the bureau of criminal identification and investigation in
accordance with section 109.572 of the Revised Code and pursuant
to a request made under division (A) of this section is not a
public record for the purposes of section 149.43 of the Revised
Code and shall not be made available to any person other than the
person who is the subject of the criminal records check or the
person's representative or the fire chief requesting the criminal
records check or the fire chief's representative.
(F) The appointing authority shall adopt rules in accordance
with Chapter 119. of the Revised Code to implement this section.
The rules shall include rehabilitation standards a person who has
been convicted of or pleaded guilty to an offense listed in
division (C)(1) of this section must meet for the appointing
authority to appoint or employ the person as a permanent full-time
paid firefighter or a volunteer firefighter.
(G) The fire chief who requests a criminal records check
shall inform each person who is the applicant, at the time of the
person's initial application for appointment or employment that
the person subject to the criminal records check is required to
provide a set of impressions of the person's fingerprints and that
a criminal records check is required to be conducted and
satisfactorily completed in accordance with section 109.572 of the
Revised Code.
(H) As used in this section:
(1) "Appointing authority" has the same meaning as in
section 505.381 of the Revised Code.
(2) "Criminal records check" has the same meaning as in
section 109.572 of the Revised Code.
(3) "Superintendent of BCII" has the same meaning as in
section 2151.86 of the Revised Code.
Sec. 737.221. (A) The fire chief of a village fire department
shall request the superintendent of BCII to conduct a criminal
records check with respect to any person who is under final
consideration for appointment or employment as a full-time paid
firefighter and may request the superintendent of BCII to conduct
a criminal records check with respect to any person who is under
final consideration for appointment as a volunteer firefighter.
(B) If a person subject to a criminal records check does not
present proof that the person has been a resident of this state
for the five-year period immediately prior to the date upon which
the criminal records check is requested or does not provide
evidence that within that five-year period the superintendent of
BCII has requested information about the person from the federal
bureau of investigation in a criminal records check, the fire
chief of the village fire department may request that the
superintendent of BCII obtain information from the federal bureau
of investigation as a part of the criminal records check. If the
person subject to the criminal records check presents proof that
the person has been a resident of this state for that five-year
period, the fire chief may request that the superintendent of BCII
include information from the federal bureau of investigation in
the criminal records check.
A fire chief required by division (A) of this section to
request a criminal records check shall provide to each person
subject to a criminal records check a copy of the form prescribed
pursuant to division (C)(1) of section 109.572 of the Revised Code
and a standard impression sheet to obtain fingerprint impressions
prescribed pursuant to division (C)(2) of section 109.572 of the
Revised Code, obtain the completed form and impression sheet from
the person, and forward the completed form and impression sheet to
the superintendent of BCII at the time the criminal records check
is requested.
Any person subject to a criminal records check who receives
pursuant to this division a copy of the form prescribed pursuant
to division (C)(1) of section 109.572 of the Revised Code and a
copy of an impression sheet prescribed pursuant to division (C)(2)
of that section and who is requested to complete the form and
provide a set of fingerprint impressions shall complete the form
or provide all the information necessary to complete the form and
shall provide the impression sheet with the impressions of the
person's fingerprints. If a person subject to a criminal records
check, upon request, fails to provide the information necessary to
complete the form or fails to provide impressions of the person's
fingerprints, the appointing authority shall not appoint or employ
the person as a permanent full-time paid firefighter or a
volunteer firefighter. (C)(1) No appointing authority shall appoint or employ a
person as a permanent full-time paid firefighter or a volunteer
firefighter if the person previously has been convicted of or
pleaded guilty to any of the following, unless the person meets
rehabilitation standards established in rules adopted under
division (F) of this section:
(b) A violation of section 2909.03 of the Revised Code;
(c) An existing or former law of this state, any other
state, or the United States that is substantially equivalent to
any offense listed in division (C)(1)(a) or (b) of this section.
(2) The appointing authority may appoint or employ a person
as a permanent full-time paid firefighter or volunteer firefighter
conditionally until the criminal records check required by this
section is completed and the fire chief receives the results of
the criminal records check. If the results of the criminal
records check indicate that, pursuant to division (C)(1) of this
section, the person subject to the criminal records check does not
qualify for appointment or employment, the fire chief shall
release the person from appointment or employment.
(D) The fire chief shall pay to the bureau of criminal
identification and investigation the fee prescribed pursuant to
division (C)(3) of section 109.572 of the Revised Code for each
criminal records check conducted in accordance with that section
upon a request pursuant to division (A) of this section. The fire
chief may charge the person subject to the criminal records check
a fee for the costs the fire chief incurs in obtaining the
criminal records check. A fee charged under this division shall
not exceed the amount of fees the fire chief pays for the criminal
records check. If a fee is charged under this division, the fire
chief shall notify the person who is the applicant at the time of
the person's initial application for appointment or employment of
the amount of the fee and that, unless the fee is paid, the person
who is the applicant will not be considered for appointment or
employment.
(E) The report of any criminal records check conducted by
the bureau of criminal identification and investigation in
accordance with section 109.572 of the Revised Code and pursuant
to a request made under division (A) of this section is not a
public record for the purposes of section 149.43 of the Revised
Code and shall not be made available to any person other than the
person who is the subject of the criminal records check or the
person's representative or the fire chief requesting the criminal
records check or the fire chief's representative.
(F) The appointing authority shall adopt rules in accordance
with Chapter 119. of the Revised Code to implement this section.
The rules shall include rehabilitation standards a person who has
been convicted of or pleaded guilty to an offense listed in
division (C)(1) of this section must meet for the appointing
authority to appoint or employ the person as a permanent full-time
paid firefighter or a volunteer firefighter. (G) The fire chief who requests a criminal records check
shall inform each person who is the applicant, at the time of the
person's initial application for appointment or employment that
the person subject to the criminal records check is required to
provide a set of impressions of the person's fingerprints and that
a criminal records check is required to be conducted and
satisfactorily completed in accordance with section 109.572 of the
Revised Code.
(H) As used in this section: (1) "Appointing authority" has the same meaning as in section
505.381 of the Revised Code. (2) "Criminal records check" has the same meaning as in
section 109.572 of the Revised Code. (3) "Superintendent of BCII" has the same meaning as in
section 2151.86 of the Revised Code.
Section 2. That existing sections 109.572 and 149.43 of the
Revised Code are hereby repealed.
Section 3. Section 109.572 of the Revised Code is presented
in this act
as a composite of the section as amended by both
Sub.
H.B. 448 and Sub. H.B. 538 of the 123rd General Assembly. The
General Assembly, applying the
principle stated in division (B) of
section 1.52 of the Revised
Code that amendments are to be
harmonized if reasonably capable of
simultaneous operation, finds
that the composite is the resulting
version of the section in
effect prior to the effective date of
the section as presented in
this act.
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