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Sub. S. B. No. 258As Reported by the Senate Judiciary--Civil Justice CommitteeAs Reported by the Senate Judiciary--Civil Justice Committee
124th General Assembly | Regular Session | 2001-2002 |
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SENATORS Austria, Goodman, Randy Gardner, Jacobson, Hottinger, Fingerhut
A BILL
To amend section 149.43 and to enact
sections 109.578,
505.381, 737.081, 737.221, and
4765.301 of
the
Revised Code to permit background
checks on
firefighters and EMT's and to exempt
from
the
Public Records
Law specified residential
and
familial information
of a member of a fire
department.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 149.43 be amended and
sections
109.578, 505.381, 737.081, 737.221, and 4765.301 of the
Revised
Code be enacted to read as follows:
Sec. 109.578. (A) On receipt of a request pursuant to
section 505.381, 737.081, 737.221, or 4765.301 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: (2) A violation of section 2909.03 of the Revised Code; (3) 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) or (2)
of this section. (B) The superintendent shall conduct any criminal records
check pursuant to division (A) of this section 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 requested pursuant
to section 505.381, 737.081, 737.221, or 4765.301 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 requested pursuant to section
505.381, 737.081, 737.221, or 4765.301 of the Revised Code. Any
person for whom a records check is requested pursuant to any of
those sections shall obtain the fingerprint impressions at a
county sheriff's office, a 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
505.381, 737.081, 737.221, or 4765.301 of the Revised Code. The
person making the criminal records request shall pay the fee
prescribed pursuant to this division. (4) The superintendent may prescribe methods of forwarding
fingerprint impressions and information necessary to conduct a
criminal records check. The methods shall include, but are not
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)
of this section and that the superintendent made 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, "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.
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, firefighter, or EMT 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. (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, firefighter, or EMT residential and
familial
information"
means
either of the following: (a) Any information maintained in a personnel record of a
peace officer, firefighter, or EMT that
discloses any of the
following: (i) The address of the actual personal residence of a peace
officer, firefighter, or EMT, except for the state or political
subdivision in which
the peace
officer, firefighter, or EMT
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, firefighter, or EMT; (iv) The name of any beneficiary of employment benefits,
including,
but not limited to, life insurance benefits, provided
to a peace officer, firefighter, or EMT by
the peace officer's,
firefighter's, or EMT's employer; (v) The identity and amount of any charitable or employment
benefit deduction made by the peace officer's, firefighter's, or
EMT's
employer from the
peace
officer's, firefighter's, or EMT'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, firefighter, or EMT. (b) Any record that identifies a person's occupation as a
peace
officer, firefighter, or EMT 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. As used in divisions (A)(7) and (B)(5) of this section,
"firefighter" means any regular, paid or volunteer, member of a
lawfully constituted fire department of a municipal corporation,
township, fire district, or village. As used in divisions (A)(7) and (B)(5) of this section, "EMT"
means EMTs-basic, EMTs-I, and paramedics that provide emergency
medical services for a public emergency medical service
organization. "Emergency medical service organization,"
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in
section 4765.01 of the Revised Code. (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, firefighter, or EMT shall
disclose
to the
journalist the address of the actual personal
residence of
the
peace
officer, firefighter or EMT and, if the
peace officer's,
firefighter's or EMT's spouse, former spouse,
or
child is employed by a
public office, the name and address of
the
employer of the peace
officer's, firefighter's, or EMT'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. 505.381. (A) The fire chief of a township or fire
district may request the superintendent of BCII to conduct a
criminal records check with respect to any person who is under
consideration for appointment or employment as a permanent,
full-time
paid firefighter or any person who is
under
consideration for appointment as a volunteer
firefighter.
(B)(1) 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 requested pursuant to division (A) of this section.
(2) A fire chief authorized by division (A) of this section
to
request a criminal records check shall provide to each person
for whom the fire chief intends to request a criminal records
check a copy of the form prescribed
pursuant to division (C)(1) of
section 109.578 of the Revised Code
and a standard impression
sheet to obtain fingerprint impressions
prescribed pursuant to
division (C)(2) of section 109.578 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.
(3) Any person subject to a criminal records check who
receives
a copy of the form and a
copy of the impression sheet
pursuant to division (B)(2)
of this 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 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) Except as otherwise provided in division (C)(2) of
this section, an appointing authority shall not appoint or employ
a
person as a permanent, full-time paid firefighter or a volunteer
firefighter if the fire chief has requested a criminal records
check pursuant to division (A) of this section and the criminal
records check indicates that the person 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 described in division (C)(1)(a)
or (b) of this section. (2) Notwithstanding division (C)(1) of this section, an
appointing authority may appoint or employ a person as a permanent
full-time paid firefighter or a volunteer firefighter if all of
the following apply: (a) The fire chief has requested a criminal records check
pursuant to division (A) of this section. (b) The criminal records check indicates that the person
previously has been convicted of or pleaded guilty to any of the
offenses described in division (C)(1) of this section. (c) The person meets rehabilitation standards established in
rules adopted under division (F) of this section.
(3) If a fire chief requests a criminal records check
pursuant to division (A) of this section, an appointing authority
may appoint or employ a person
as a permanent, full-time paid
firefighter or volunteer
firefighter
conditionally until the
criminal records check is completed and the fire chief receives
the results. 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 109.578 of the Revised Code for each
criminal records check conducted in accordance with that section.
The fire
chief may charge the applicant who is 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 applicant at the time
of
the applicant's initial application for appointment or
employment of
the amount of the fee and that, unless the fee is
paid, the applicant will not be considered for appointment or
employment. (E)
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. (F) A fire chief who intends to request a criminal records
check
for an applicant shall inform the applicant, at the time of
the
person's initial application for appointment or employment,
that
the applicant is required to
provide a set of impressions of
the applicant's fingerprints and that
the fire chief requires a
criminal records check to be conducted and
satisfactorily
completed in accordance with section 109.578 of the
Revised Code.
(G) 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 section
505.39
of the Revised Code.
(2) "Criminal records check" has the same meaning as in
section 109.578 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
may request the superintendent of BCII to conduct a criminal
records check with respect to any person who is under
consideration for appointment or employment as a full-time paid
firefighter or any person who is under consideration for
appointment as a volunteer firefighter. (B)(1) The fire chief of the city 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 requested pursuant to division (A) of this section. (2) A fire chief authorized by division (A) of this section
to request a criminal records check shall provide to each person
for whom the fire chief intends to request a criminal records
check a copy of the form prescribed pursuant to division (C)(1) of
section 109.578 of the Revised Code and a standard impression
sheet to obtain fingerprint impressions prescribed pursuant to
division (C)(2) of section 109.578 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. (3) Any person subject to a criminal records check who
receives a copy of the form and a copy of the impression sheet
pursuant to division (B)(2) of this 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 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) Except as otherwise provided in division (C)(2) of
this section, an appointing authority shall not appoint or employ
a person as a permanent full-time paid firefighter or a volunteer
firefighter if the fire chief has requested a criminal records
check pursuant to division (A) of this section and the criminal
records check indicates that the person 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 described in division (C)(1)(a)
or (b) of this section. (2) Notwithstanding division (C)(1) of this section, an
appointing authority may appoint or employ a person as a permanent
full-time paid firefighter or a volunteer firefighter if all of
the following apply: (a) The fire chief has requested a criminal records check
pursuant to division (A) of this section. (b) The criminal records check indicates that the person
previously has been convicted of or pleaded guilty to any of the
offenses described in division (C)(1) of this section. (c) The person meets rehabilitation standards established in
rules adopted under division (F) of this section. (3) If a fire chief requests a criminal records check
pursuant to division (A) of this section, an appointing authority
may appoint or employ a person as a permanent full-time paid
firefighter or volunteer firefighter conditionally until the
criminal records check is completed and the fire chief receives
the results. 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 is disqualified from
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 109.578 of the Revised Code for each
criminal records check conducted in accordance with that section.
The fire chief may charge the applicant who is 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 applicant at the time of
the applicant's initial application for appointment or employment
of the amount of the fee and that, unless the fee is paid, the
applicant will not be considered for appointment or employment. (E)
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. (F) A fire chief who intends to request a criminal records
check for an applicant shall inform each applicant, at the time of
the person's initial application for appointment or employment,
that the applicant is required to provide a set of impressions of
the person's fingerprints and that the fire chief requires a
criminal records check to be conducted and satisfactorily
completed in accordance with section 109.578 of the Revised Code.
(G) 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 section 737.08
of the Revised Code. (2) "Criminal records check" has the same meaning as in
section 109.578 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 may request the superintendent of BCII to conduct a
criminal records check with respect to any person who is under
consideration for appointment or employment as a full-time paid
firefighter or any person who is under consideration for
appointment as a volunteer firefighter. (B)(1) 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 requested pursuant to division (A) of this section. (2) A fire chief authorized by division (A) of this section
to request a criminal records check shall provide to each person
for whom the fire chief intends to request a criminal records
check a copy of the form prescribed pursuant to division (C)(1) of
section 109.578 of the Revised Code and a standard impression
sheet to obtain fingerprint impressions prescribed pursuant to
division (C)(2) of section 109.578 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. (3) Any person subject to a criminal records check who
receives a copy of the form and a copy of the impression sheet
pursuant to division (B)(2) of this 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 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) Except as otherwise provided in division (C)(2) of
this section, an appointing authority shall not appoint or employ
a person as a permanent full-time paid firefighter or a volunteer
firefighter if the fire chief has requested a criminal records
check pursuant to division (A) of this section and the criminal
records check indicates that the person 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 described in division (C)(1)(a)
or (b) of this section. (2) Notwithstanding division (C)(1) of this section, an
appointing authority may appoint or employ a person as a permanent
full-time paid firefighter or a volunteer firefighter if all of
the following apply: (a) The fire chief has requested a criminal records check
pursuant to division (A) of this section. (b) The criminal records check indicates that the person
previously has been convicted of or pleaded guilty to any of the
offenses described in division (C)(1) of this section. (c) The person meets rehabilitation standards established in
rules adopted under division (F) of this section. (3) If a fire chief requests a criminal records check
pursuant to division (A) of this section, an appointing authority
may appoint or employ a person as a permanent full-time paid
firefighter or volunteer firefighter conditionally until the
criminal records check is completed and the fire chief receives
the results. 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 is disqualified from
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 109.578 of the Revised Code for each
criminal records check conducted in accordance with that section.
The fire chief may charge the applicant who is 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 applicant at the time of
the applicant's initial application for appointment or employment
of the amount of the fee and that, unless the fee is paid, the
applicant will not be considered for appointment or employment. (E)
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. (F) A fire chief who intends to request a criminal records
check for an applicant shall inform each applicant, at the time of
the person's initial application for appointment or employment,
that the applicant is required to provide a set of impressions of
the person's fingerprints and that the fire chief requires a
criminal records check to be conducted and satisfactorily
completed in accordance with section 109.578 of the Revised Code. (G) 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 section 737.22
of the Revised Code. (2) "Criminal records check" has the same meaning as in
section 109.578 of the Revised Code. (3) "Superintendent of BCII" has the same meaning as in
section 2151.86 of the Revised Code.
Sec. 4765.301. (A) An appointing authority may request the
superintendent of BCII to conduct a criminal records check with
respect to any person who is under consideration for appointment
or employment as an emergency medical technician-basic, an
emergency medical technician-intermediate, or an emergency medical
technician-paramedic. (B)(1) The appointing authority may request that the
superintendent of BCII obtain information from the federal bureau
of investigation as a part of the criminal records check requested
pursuant to division (A) of this section. (2) An appointing authority authorized by division (A) of
this section to request a criminal records check shall provide to
each person for whom the appointing authority intends to request a
criminal records check a copy of the form prescribed pursuant to
division (C)(1) of section 109.578 of the Revised Code and a
standard impression sheet to obtain fingerprint impressions
prescribed pursuant to division (C)(2) of section 109.578 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. (3) Any person subject to a criminal records check who
receives a copy of the form and a copy of the impression sheet
pursuant to division (B)(2) of this 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 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 an
emergency medical technician-basic, an emergency medical
technician-intermediate, or an emergency medical
technician-paramedic. (C)(1) Except as otherwise provided in division (C)(2) of
this section, an appointing authority shall not appoint or employ
a person as an emergency medical technician-basic, an emergency
medical technician-intermediate, or an emergency medical
technician-paramedic if the appointing authority has requested a
criminal records check pursuant to division (A) of this section
and the criminal records check indicates that the person
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 described in division (C)(1)(a)
or (b) of this section. (2) Notwithstanding division (C)(1) of this section, an
appointing authority may appoint or employ a person as an
emergency medical technician-basic, an emergency medical
technician-intermediate, or an emergency medical
technician-paramedic if all of the following apply: (a) The appointing authority has requested a criminal
records check pursuant to division (A) of this section. (b) The criminal records check indicates that the person
previously has been convicted of or pleaded guilty to any of the
offenses described in division (C)(1) of this section. (c) The person meets rehabilitation standards established in
rules adopted under division (F) of this section. (3) If an appointing authority requests a criminal records
check pursuant to division (A) of this section, the appointing
authority may appoint or employ a person as an emergency medical
technician-basic, an emergency medical technician-intermediate, or
an emergency medical technician-paramedic conditionally until the
criminal records check is completed and the appointing authority
receives the results. 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 is disqualified
from appointment or employment, the appointing authority shall
release the person from appointment or employment. (D) The appointing authority shall pay to the bureau of
criminal identification and investigation the fee prescribed
pursuant to division (C)(3) of section 109.578 of the Revised Code
for each criminal records check conducted in accordance with that
section. The appointing authority may charge the applicant who is
subject to the criminal records check a fee for the costs the
appointing authority incurs in obtaining the criminal records
check. A fee charged under this division shall not exceed the
amount of fees the appointing authority pays for the criminal
records check. If a fee is charged under this division, the
appointing authority shall notify the applicant at the time of the
applicant's initial application for appointment or employment of
the amount of the fee and that, unless the fee is paid, the
applicant will not be considered for appointment or employment. (E)
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 an emergency medical
technician-basic, an emergency medical technician-intermediate, or
an emergency medical technician-paramedic. (F) An appointing authority that intends to request a
criminal records check for an applicant shall inform each
applicant, at the time of the person's initial application for
appointment or employment, that the applicant is required to
provide a set of impressions of the person's fingerprints and that
the appointing authority requires a criminal records check to be
conducted and satisfactorily completed in accordance with section
109.578 of the Revised Code. (G) As used in this section: (1) "Appointing authority" means any person or body that has
the authority to hire, appoint, or employ emergency medical
technicians-basic, emergency medical technicians-intermediate, or
emergency medical technicians-paramedic.
(2) "Criminal records check" has the same meaning as in
section 109.578 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 section 149.43 of the
Revised Code
is hereby repealed.
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