To amend sections 121.22, 149.011, 149.31, 149.38, 149.39, 149.41, 149.42, 149.43, 3319.321, and 4701.19 and to enact sections 109.43, 149.411, 149.412, 2743.31, 2743.32, 2743.33, and 2743.34 of the Revised Code to revise the Public Records Law, to create the office of Public Access Counselor in the Court of Claims, to create a library records commission in each public library and a special taxing district records commission in each special taxing district, to revise the records commissions laws, and to eliminate the provision that certain records made by a public accountant incident to an audit of a public office or private entity are not public records.

Section 1. That sections 121.22, 149.011, 149.31, 149.38, 149.39, 149.41, 149.42, 149.43, 3319.321, and 4701.19 be amended and sections 109.43, 149.411, 149.412, 2743.31, 2743.32, 2743.33, and 2743.34 of the Revised Code be enacted to read as follows:

Sec. 109.43. (A) As used in this section:

(1) "Designee" means a designee of the elected official in the public office if that elected official is the only elected official in the public office involved or a designee of all of the elected officials in the public office if the public office involved includes more than one elected official.

(2) "Elected official" means an official elected to a local or statewide office. "Elected official" does not include the chief justice or a justice of the supreme court, a judge of a court of appeals, court of common pleas, municipal court, or county court, or a clerk of any of those courts.

(3) "Public office" has the same meaning as in section 149.011 of the Revised Code.

(4) "Public record" has the same meaning as in section 149.43 of the Revised Code.

(B) The attorney general shall develop, provide, and certify training programs and seminars for all elected officials or their appropriate designees in order to enhance the officials' knowledge of the duty to provide access to public records as required by section 149.43 of the Revised Code. The training shall be three hours for every term of office for which the elected official was appointed or elected to the public office involved. The training shall provide elected officials or their appropriate designees with guidance in developing and updating their offices' policies as required under section 149.43 of the Revised Code. The successful completion by an elected official or by an elected official's appropriate designee of the training requirements established by the attorney general under this section shall satisfy the education requirements imposed on elected officials or their appropriate designees under division (E) of section 149.43 of the Revised Code. Prior to providing the training programs and seminars under this section to satisfy the education requirements imposed on elected officials or their appropriate designees under division (E) of section 149.43 of the Revised Code, the attorney general shall ensure that the training programs and seminars are accredited by the commission on continuing legal education established by the supreme court.

(C) The attorney general shall not charge any elected official or the appropriate designee of any elected official any fee for attending the training programs and seminars that the attorney general conducts under this section. The attorney general may allow the attendance of any other interested persons at any of the training programs or seminars that the attorney general conducts under this section and shall not charge the person any fee for attending the training program or seminar.

(D) In addition to developing, providing, and certifying training programs and seminars as required under division (B) of this section, the attorney general may contract with one or more other state agencies, political subdivisions, or other public or private entities to conduct the training programs and seminars for elected officials or their appropriate designees under this section. The contract may provide for the attendance of any other interested persons at any of the training programs or seminars conducted by the contracting state agency, political subdivision, or other public or private entity. The contracting state agency, political subdivision, or other public or private entity may charge an elected official, an elected official's appropriate designee, or an interested person a registration fee for attending the training program or seminar conducted by that contracting agency, political subdivision, or entity pursuant to a contract entered into under this division. The attorney general shall determine a reasonable amount for the registration fee based on the actual and necessary expenses associated with the training programs and seminars.

(E) The attorney general shall develop and provide to all public offices a model public records policy for responding to public records requests in compliance with section 149.43 of the Revised Code in order to provide guidance to public offices in developing their own public record policies for responding to public records requests in compliance with that section.

(F) The attorney general may provide any other appropriate training or educational programs about Ohio's "Sunshine Laws," sections 121.22 and 149.43 of the Revised Code, as may be developed and offered by the attorney general or by the attorney general in collaboration with one or more other state agencies, political subdivisions, or other public or private entities.

(G) The auditor of state, in the course of an annual or biennial audit of a public office pursuant to Chapter 117. of the Revised Code, shall audit the public office for compliance with this section and division (E) of section 149.43 of the Revised Code.

Sec. 121.22.  (A) This section shall be liberally construed to require public officials to take official action and to conduct all deliberations upon official business only in open meetings unless the subject matter is specifically excepted by law.

(B) As used in this section:

(1) "Public body" means any of the following:

(a) Any board, commission, committee, council, or similar decision-making body of a state agency, institution, or authority, and any legislative authority or board, commission, committee, council, agency, authority, or similar decision-making body of any county, township, municipal corporation, school district, or other political subdivision or local public institution;

(b) Any committee or subcommittee of a body described in division (B)(1)(a) of this section;

(c) A court of jurisdiction of a sanitary district organized wholly for the purpose of providing a water supply for domestic, municipal, and public use when meeting for the purpose of the appointment, removal, or reappointment of a member of the board of directors of such a district pursuant to section 6115.10 of the Revised Code, if applicable, or for any other matter related to such a district other than litigation involving the district. As used in division (B)(1)(c) of this section, "court of jurisdiction" has the same meaning as "court" in section 6115.01 of the Revised Code.

(2) "Meeting" means any prearranged discussion of the public business of the public body by a majority of its members.

(3) "Regulated individual" means either of the following:

(a) A student in a state or local public educational institution;

(b) A person who is, voluntarily or involuntarily, an inmate, patient, or resident of a state or local institution because of criminal behavior, mental illness or retardation, disease, disability, age, or other condition requiring custodial care.

(4) "Public office" has the same meaning as in section 149.011 of the Revised Code.

(C) All meetings of any public body are declared to be public meetings open to the public at all times. A member of a public body shall be present in person at a meeting open to the public to be considered present or to vote at the meeting and for purposes of determining whether a quorum is present at the meeting.

The minutes of a regular or special meeting of any public body shall be promptly prepared, filed, and maintained and shall be open to public inspection. The minutes need only reflect the general subject matter of discussions in executive sessions authorized under division (G) or (J) of this section.

(D) This section does not apply to any of the following:

(1) A grand jury;

(2) An audit conference conducted by the auditor of state or independent certified public accountants with officials of the public office that is the subject of the audit;

(3) The adult parole authority when its hearings are conducted at a correctional institution for the sole purpose of interviewing inmates to determine parole or pardon;

(4) The organized crime investigations commission established under section 177.01 of the Revised Code;

(5) Meetings of a child fatality review board established under section 307.621 of the Revised Code and meetings conducted pursuant to sections 5153.171 to 5153.173 of the Revised Code;

(6) The state medical board when determining whether to suspend a certificate without a prior hearing pursuant to division (G) of either section 4730.25 or 4731.22 of the Revised Code;

(7) The board of nursing when determining whether to suspend a license or certificate without a prior hearing pursuant to division (B) of section 4723.281 of the Revised Code;

(8) The state board of pharmacy when determining whether to suspend a license without a prior hearing pursuant to division (D) of section 4729.16 of the Revised Code;

(9) The state chiropractic board when determining whether to suspend a license without a hearing pursuant to section 4734.37 of the Revised Code.

(10) The executive committee of the emergency response commission when determining whether to issue an enforcement order or request that a civil action, civil penalty action, or criminal action be brought to enforce Chapter 3750. of the Revised Code.

(E) The controlling board, the development financing advisory council, the industrial technology and enterprise advisory council, the tax credit authority, or the minority development financing advisory board, when meeting to consider granting assistance pursuant to Chapter 122. or 166. of the Revised Code, in order to protect the interest of the applicant or the possible investment of public funds, by unanimous vote of all board, council, or authority members present, may close the meeting during consideration of the following information confidentially received by the authority, council, or board from the applicant:

(1) Marketing plans;

(2) Specific business strategy;

(3) Production techniques and trade secrets;

(4) Financial projections;

(5) Personal financial statements of the applicant or members of the applicant's immediate family, including, but not limited to, tax records or other similar information not open to public inspection.

The vote by the authority, council, or board to accept or reject the application, as well as all proceedings of the authority, council, or board not subject to this division, shall be open to the public and governed by this section.

(F) Every public body, by rule, shall establish a reasonable method whereby any person may determine the time and place of all regularly scheduled meetings and the time, place, and purpose of all special meetings. A public body shall not hold a special meeting unless it gives at least twenty-four hours' advance notice to the news media that have requested notification, except in the event of an emergency requiring immediate official action. In the event of an emergency, the member or members calling the meeting shall notify the news media that have requested notification immediately of the time, place, and purpose of the meeting.

The rule shall provide that any person, upon request and payment of a reasonable fee, may obtain reasonable advance notification of all meetings at which any specific type of public business is to be discussed. Provisions for advance notification may include, but are not limited to, mailing the agenda of meetings to all subscribers on a mailing list or mailing notices in self-addressed, stamped envelopes provided by the person.

(G) Except as provided in division (J) of this section, the members of a public body may hold an executive session only after a majority of a quorum of the public body determines, by a roll call vote, to hold an executive session and only at a regular or special meeting for the sole purpose of the consideration of any of the following matters:

(1) To consider the appointment, employment, dismissal, discipline, promotion, demotion, or compensation of a public employee or official, or the investigation of charges or complaints against a public employee, official, licensee, or regulated individual, unless the public employee, official, licensee, or regulated individual requests a public hearing. Except as otherwise provided by law, no public body shall hold an executive session for the discipline of an elected official for conduct related to the performance of the elected official's official duties or for the elected official's removal from office. If a public body holds an executive session pursuant to division (G)(1) of this section, the motion and vote to hold that executive session shall state which one or more of the approved purposes listed in division (G)(1) of this section are the purposes for which the executive session is to be held, but need not include the name of any person to be considered at the meeting.

(2) To consider the purchase of property for public purposes, or for the sale of property at competitive bidding, if premature disclosure of information would give an unfair competitive or bargaining advantage to a person whose personal, private interest is adverse to the general public interest. No member of a public body shall use division (G)(2) of this section as a subterfuge for providing covert information to prospective buyers or sellers. A purchase or sale of public property is void if the seller or buyer of the public property has received covert information from a member of a public body that has not been disclosed to the general public in sufficient time for other prospective buyers and sellers to prepare and submit offers.

If the minutes of the public body show that all meetings and deliberations of the public body have been conducted in compliance with this section, any instrument executed by the public body purporting to convey, lease, or otherwise dispose of any right, title, or interest in any public property shall be conclusively presumed to have been executed in compliance with this section insofar as title or other interest of any bona fide purchasers, lessees, or transferees of the property is concerned.

(3) Conferences with an attorney for the public body concerning disputes involving the public body that are the subject of pending or imminent court action;

(4) Preparing for, conducting, or reviewing negotiations or bargaining sessions with public employees concerning their compensation or other terms and conditions of their employment;

(5) Matters required to be kept confidential by federal law or regulations or state statutes;

(6) Details relative to the security arrangements and emergency response protocols for a public body or a public office, if disclosure of the matters discussed could reasonably be expected to jeopardize the security of the public body or public office;

(7) In the case of a county hospital operated pursuant to Chapter 339. of the Revised Code or a municipal hospital operated pursuant to Chapter 749. of the Revised Code, to consider trade secrets, as defined in section 1333.61 of the Revised Code.

If a public body holds an executive session to consider any of the matters listed in divisions (G)(2) to (7) of this section, the motion and vote to hold that executive session shall state which one or more of the approved matters listed in those divisions are to be considered at the executive session.

A public body specified in division (B)(1)(c) of this section shall not hold an executive session when meeting for the purposes specified in that division.

(H) A resolution, rule, or formal action of any kind is invalid unless adopted in an open meeting of the public body. A resolution, rule, or formal action adopted in an open meeting that results from deliberations in a meeting not open to the public is invalid unless the deliberations were for a purpose specifically authorized in division (G) or (J) of this section and conducted at an executive session held in compliance with this section. A resolution, rule, or formal action adopted in an open meeting is invalid if the public body that adopted the resolution, rule, or formal action violated division (F) of this section.

(I)(1) Any person may bring an action to enforce this section. An action under division (I)(1) of this section shall be brought within two years after the date of the alleged violation or threatened violation. Upon proof of a violation or threatened violation of this section in an action brought by any person, the court of common pleas shall issue an injunction to compel the members of the public body to comply with its provisions.

(2)(a) If the court of common pleas issues an injunction pursuant to division (I)(1) of this section, the court shall order the public body that it enjoins to pay a civil forfeiture of five hundred dollars to the party that sought the injunction and, shall award to that party all court costs and, subject to reduction as described in division (I)(2) of this section, reasonable attorney's fees. The court, in its discretion, may reduce an award of attorney's fees to the party that sought the injunction or not award attorney's fees to that party if the court determines both of the following:

(i) That, based on the ordinary application of statutory law and case law as it existed at the time of violation or threatened violation that was the basis of the injunction, a well-informed public body reasonably would believe that the public body was not violating or threatening to violate this section;

(ii) That a well-informed public body reasonably would believe that the conduct or threatened conduct that was the basis of the injunction would serve the public policy that underlies the authority that is asserted as permitting that conduct or threatened conduct.

(b) If the court of common pleas does not issue an injunction pursuant to division (I)(1) of this section and the court determines at that time that the bringing of the action was frivolous conduct, as defined in division (A) of section 2323.51 of the Revised Code, the court shall award to the public body all court costs and reasonable attorney's fees, as determined by the court.

(3) Irreparable harm and prejudice to the party that sought the injunction shall be conclusively and irrebuttably presumed upon proof of a violation or threatened violation of this section.

(4) A member of a public body who knowingly violates an injunction issued pursuant to division (I)(1) of this section may be removed from office by an action brought in the court of common pleas for that purpose by the prosecuting attorney or the attorney general.

(J)(1) Pursuant to division (C) of section 5901.09 of the Revised Code, a veterans service commission shall hold an executive session for one or more of the following purposes unless an applicant requests a public hearing:

(a) Interviewing an applicant for financial assistance under sections 5901.01 to 5901.15 of the Revised Code;

(b) Discussing applications, statements, and other documents described in division (B) of section 5901.09 of the Revised Code;

(c) Reviewing matters relating to an applicant's request for financial assistance under sections 5901.01 to 5901.15 of the Revised Code.

(2) A veterans service commission shall not exclude an applicant for, recipient of, or former recipient of financial assistance under sections 5901.01 to 5901.15 of the Revised Code, and shall not exclude representatives selected by the applicant, recipient, or former recipient, from a meeting that the commission conducts as an executive session that pertains to the applicant's, recipient's, or former recipient's application for financial assistance.

(3) A veterans service commission shall vote on the grant or denial of financial assistance under sections 5901.01 to 5901.15 of the Revised Code only in an open meeting of the commission. The minutes of the meeting shall indicate the name, address, and occupation of the applicant, whether the assistance was granted or denied, the amount of the assistance if assistance is granted, and the votes for and against the granting of assistance.

(K) Any person that is denied any of the person's rights under this section may file an informal complaint or a formal complaint with the public access counselor under section 2743.33 of the Revised Code.

Sec. 149.011.  As used in this chapter, except as otherwise provided:

(A) "Public office" includes any state agency, public institution, political subdivision, or other organized body, office, agency, institution, or entity established by the laws of this state for the exercise of any function of government.

(B) "State agency" includes every department, bureau, board, commission, office, or other organized body established by the constitution and laws of this state for the exercise of any function of state government, including any state-supported institution of higher education, the general assembly, any legislative agency, any court or judicial agency, or any political subdivision or agency of a political subdivision.

(C) "Public money" includes all money received or collected by or due a public official, whether in accordance with or under authority of any law, ordinance, resolution, or order, under color of office, or otherwise. It also includes any money collected by any individual on behalf of a public office or as a purported representative or agent of the public office.

(D) "Public official" includes all officers, employees, or duly authorized representatives or agents of a public office.

(E) "Color of office" includes any act purported or alleged to be done under any law, ordinance, resolution, order, or other pretension to official right, power, or authority.

(F) "Archive" includes any public record that is transferred to the state archives or other designated archival institutions because of the historical information contained on it.

(G) "Records" includes any document, device, or item, regardless of physical form or characteristic, including an electronic record as defined in section 1306.01 of the Revised Code, created or received by or coming under the jurisdiction of any public office of the state or its political subdivisions, which serves to document the organization, functions, policies, decisions, procedures, operations, or other activities of the office. "Records" also includes any document, device, or item, regardless of physical form or characteristic, created or received by or coming under the jurisdiction of any public office of the state or its political subdivisions that documents the depletion, expenditure, or depreciation of the resources of a public office even if unauthorized by that office.

Sec. 149.31.  (A) The Ohio historical society, in addition to its other functions, shall function as the state archives administration for the state and its political subdivisions.

It shall be the function of the state archives administration to preserve government archives, documents, and records of historical value that may come into its possession from public or private sources.

The archives administration shall evaluate, preserve, arrange, service repair, or make other disposition of, such as including transfer to public libraries, county historical societies, state universities, or other public or quasi-public institutions, agencies, or corporations, of those public records of the state and its political subdivisions that may come into its possession under this section. Such Those public records shall be transferred by written agreement only, and only to public or quasi-public institutions, agencies, or corporations capable of meeting accepted archival standards for housing and use.

The archives administration shall be headed by a trained archivist designated by the Ohio historical society, and shall make its services available to county, city municipal, township, and school district, library, and special taxing district records commissions upon request. The archivist shall be designated as the "state archivist."

(B) The archives administration may purchase or procure for itself, or authorize the board of trustees of an archival institution to purchase or procure, from an insurance company licensed to do business in this state policies of insurance insuring the administration or the members of the board and their officers, employees, and agents against liability on account of damage or injury to persons and property resulting from any act or omission of the board members, officers, employees, and agents in their official capacity.

(C) Notwithstanding any other provision of the Revised Code to the contrary, the archives administration may establish a fee schedule, which may include the cost of labor, for researching, retrieving, copying, and mailing copies of public records in the state archives. Revisions to the fee schedule shall be subject to approval by the board of trustees of the Ohio historical society.

Sec. 149.38.  (A) There is hereby created in each county a county records commission, composed of the president of the board of county commissioners as chairperson, the prosecuting attorney, the auditor, the recorder, and the clerk of the court of common pleas. The commission shall appoint a secretary, who may or may not be a member of the commission and who shall serve at the pleasure of the commission. The commission may employ an archivist or records manager to serve under its direction. The commission shall meet at least once every six months, and upon call of the chairperson.

(B) The functions of the county records commission shall be to provide rules for retention and disposal of records of the county and to review applications for one-time records disposal of obsolete records and schedules of records retention and disposal disposition submitted by county offices. Records may be disposed of by the The commission may dispose of records pursuant to the procedure outlined in this section. The commission, at any time, may review any schedule it has previously approved and, for good cause shown, may revise that schedule, subject to division (D) of this section.

(C) When the county records commission has approved any county records application for one-time disposal, a copy of a list of those obsolete records shall be sent or any schedule of records retention and disposition, the commission shall send that application or schedule to the Ohio historical society for its review. The Ohio historical society shall review the application or schedule within a period of not more than sixty days after its receipt of it. Upon completion of its review, the Ohio historical society shall forward the application for one-time disposal of obsolete records or the schedule of records retention and disposition to the auditor of state. If the auditor of state disapproves the action by the commission in whole or in part, the auditor of state shall so inform the commission for the auditor's approval or disapproval. The auditor shall approve or disapprove the application or schedule within a period of not more than sixty days, and those records shall not be destroyed after receipt of it. Before public records are to be disposed of, the commission shall inform the Ohio historical society of the disposal through the submission of a certificate of records disposal and shall give the society the opportunity for a period of sixty fifteen business days to select for its custody such those records as that it considers to be of continuing historical value. When the Ohio historical society is so informed that public records are to be disposed of Upon the expiration of the fifteen-business-day period, the county records commission also shall notify the public libraries, county historical society, state universities, and any other public or quasi-public institutions, agencies, or corporations in the county that have provided the commission with their name and address for these notification purposes, that the commission has informed the Ohio historical society has been so informed of the records disposal and that the notified entities, upon written agreement with the Ohio historical society pursuant to section 149.31 of the Revised Code, may select records of continuing historical value, including records that may be distributed to any of the notified entities under section 149.31 of the Revised Code.

(D) The rules of the county records commission shall include a rule that requires any receipts, checks, vouchers, or other similar records pertaining to expenditures from the delinquent tax and assessment collection fund created in section 321.261 of the Revised Code, from the real estate assessment fund created in section 325.31 of the Revised Code, or from amounts allocated for the furtherance of justice to the county sheriff under section 325.071 of the Revised Code or to the prosecuting attorney under section 325.12 of the Revised Code to be retained for at least four years.

(E) No person shall knowingly violate the rule adopted under division (D) of this section. Whoever violates that rule is guilty of a misdemeanor of the first degree.

Sec. 149.39.  There is hereby created in each municipal corporation a records commission composed of the chief executive or his the chief executive's appointed representative, as chairman chairperson, and the chief fiscal officer, the chief legal officer, and a citizen appointed by the chief executive. The commission shall appoint a secretary, who may or may not be a member of the commission and who shall serve at the pleasure of the commission. The commission may employ an archivist or records manager to serve under its direction. The commission shall meet at least once every six months, and upon call of the chairman chairperson.

The functions of the commission shall be to provide rules for retention and disposal of records of the municipal corporation and to review applications for one-time disposal of obsolete records disposal and schedules of records retention and disposition submitted by municipal offices. Records may be disposed of by the The commission may dispose of records pursuant to the procedure outlined in this section. The commission may at any time may review any schedule it has previously approved, and for good cause shown may revise that schedule.

When the municipal records have been commission has approved any application for one-time disposal, a list of such obsolete records shall be sent or any schedule of records retention and disposition, the commission shall send that application or schedule to the Ohio historical society for its review. The Ohio historical society shall review the application or schedule within a period of not more than sixty days after its receipt of it. Upon completion of its review, the Ohio historical society shall forward the application for one-time disposal of obsolete records or the schedule of records retention and disposition to the auditor of state. If he disapproves of the action by the municipal commission, in whole or in part, he shall so inform the commission for the auditor's approval or disapproval. The auditor shall approve or disapprove the application or schedule within a period of not more than sixty days and these records shall not be destroyed after receipt of it. Before public records are to be disposed of, the commission shall inform the Ohio historical society shall be informed and given of the disposal through the submission of a certificate of records disposal and shall give the society the opportunity for a period of sixty fifteen business days to select for its custody such those public records as that it considers to be of continuing historical value.

Sec. 149.41.  There is hereby created in each city and exempted village school district a school district records commission and in each educational service center an educational service center records commission. Each records commission shall be composed of the president, the treasurer of the board of education or governing board of the educational service center, and the superintendent of schools in each such district or educational service center. The commission shall meet at least once every twelve months.

The function of the commission shall be to review applications for one-time disposal of obsolete records disposal and schedules of records retention and disposition submitted by any employee of the school district or educational service center. Records may be disposed of by the The commission may dispose of records pursuant to the procedure outlined in this section. The commission may at any time may review any schedule it has previously approved, and for good cause shown may revise that schedule.

When the school district records commission or the educational service center records have been commission has approved any application for one-time disposal, a list of such obsolete records shall be sent or any schedule of records retention and disposition, the appropriate commission shall send that application or schedule to the Ohio historical society for its review. The Ohio historical society shall review the application or schedule within a period of not more than sixty days after its receipt of it. Upon completion of its review, the Ohio historical society shall forward the application for one-time disposal of obsolete records or the schedule of records retention and disposition to the auditor of state. If he disapproves the action by the commission, in whole or in part, he shall so inform the commission for the auditor's approval or disapproval. The auditor shall approve or disapprove the application or schedule within a period of not more than sixty days and these records shall not be destroyed after receipt of it. Before public records are to be disposed of, the appropriate commission shall inform the Ohio historical society shall be informed and given of the disposal through the submission of a certificate of records disposal and shall give the society the opportunity for a period of sixty fifteen business days to select for its custody such those public records as that it considers to be of continuing historical value. The society may not review or select for its custody either of the following:

(A) Records containing personally identifiable information concerning any pupil attending a public school other than directory information, as defined in section 3319.321 of the Revised Code, without the written consent of the parent, guardian, or custodian of each such pupil who is less than eighteen years of age, or without the written consent of each such pupil who is eighteen years of age or older;

(B) Records the release of which would, according to the "Family Educational Rights and Privacy Act of 1974," 88 Stat. 571, 20 U.S.C.A. 1232g, disqualify a school or other educational institution from receiving federal funds.

Sec. 149.411.  There is hereby created in each county free public library, municipal free public library, township free public library, county library district, and regional library district a library records commission composed of the members and the clerk of the board of library trustees of the appropriate public library or library district. The commission shall meet at least once every twelve months.

The functions of the commission shall be to review applications for one-time disposal of obsolete records and schedules of records retention and disposition submitted by any employee of the library. The commission may dispose of records pursuant to the procedure outlined in this section. The commission at any time may review any schedule it has previously approved and for good cause shown may revise that schedule.

When the appropriate library records commission has approved any library application for one-time disposal of obsolete records or any schedule of records retention and disposition, the commission shall send that application or schedule to the Ohio historical society for its review. The Ohio historical society shall review the application or schedule within a period of not more than sixty days after its receipt of it. Upon completion of its review, the Ohio historical society shall forward the application for one-time disposal of obsolete records or the schedule of records retention and disposition to the auditor of state for the auditor's approval or disapproval. The auditor shall approve or disapprove the application or schedule within a period of not more than sixty days after receipt of it. Before public records are to be disposed of, the commission shall inform the Ohio historical society of the disposal through the submission of a certificate of records disposal and shall give the society the opportunity for a period of fifteen business days to select for its custody those public records that it considers to be of continuing historical value. The Ohio historical society may not review or select for its custody any records pursuant to section 149.432 of the Revised Code.

Sec. 149.412.  There is hereby created in each special taxing district that is a public office as defined in section 149.011 of the Revised Code and that is not specifically designated in section 149.38, 149.39, 149.41, 149.411, or 149.42 of the Revised Code a special taxing district records commission composed of, at a minimum, the chairperson, a fiscal representative, and a legal representative of the governing board of the special taxing district. The commission shall meet at least once every twelve months and upon the call of the chairperson.

The functions of the commission shall be to review applications for one-time disposal of obsolete records and schedules of records retention and disposition submitted by any employee of the special taxing district. The commission may dispose of records pursuant to the procedure outlined in this section. The commission at any time may review any schedule it has previously approved and for good cause shown may revise that schedule.

When the special taxing district records commission has approved any special taxing district application for one-time disposal of obsolete records or any schedule of records retention and disposition, the commission shall send that application or schedule to the Ohio historical society for its review. The Ohio historical society shall review the application or schedule within a period of not more than sixty days after its receipt of it. Upon completion of its review, the Ohio historical society shall forward the application for one-time disposal of obsolete records or the schedule of records retention and disposition to the auditor of state for the auditor's approval or disapproval. The auditor shall approve or disapprove the application or schedule within a period of not more than sixty days after receipt of it. Before public records are to be disposed of, the commission shall inform the Ohio historical society of the disposal through the submission of a certificate of records disposal and shall give the society the opportunity for a period of fifteen business days to select for its custody those public records that it considers to be of continuing historical value.

Sec. 149.42.  There is hereby created in each township a township records commission, composed of the chairperson of the board of township trustees and the fiscal officer of the township. The commission shall meet at least once every twelve months, and upon call of the chairperson.

The function of the commission shall be to review applications for one-time disposal of obsolete records disposal and schedules of records retention and disposition submitted by township offices. Records may be disposed of by the The commission may dispose of records pursuant to the procedure outlined in this section. The commission may at any time may review any schedule it has previously approved, and for good cause shown may revise that schedule.

When the township records have been commission has approved any township application for one-time disposal, a list of the obsolete records shall be sent or any schedule of records retention and disposition, the commission shall send that application or schedule to the Ohio historical society for its review. The Ohio historical society shall review the application or schedule within a period of not more than sixty days after its receipt of it. Upon completion of its review, the Ohio historical society shall forward the application for one-time disposal of obsolete records or the schedule of records retention and disposition to the auditor of state. If the auditor of state disapproves of the action by the commission, in whole or in part, the auditor of state shall so inform the commission for the auditor's approval or disapproval. The auditor shall approve or disapprove the application or schedule within a period of not more than sixty days, and these records shall not be destroyed after receipt of it. Before public records are to be disposed of, the commission shall inform the Ohio historical society shall be informed and given of the disposal through the submission of a certificate of records disposal and shall give the society the opportunity for a period of sixty fifteen business days to select for its custody those public records that it considers to be of continuing historical value.

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 this state kept by a the nonprofit or for profit entity operating such the alternative school pursuant to section 3313.533 of the Revised Code, and records kept by any governmental or quasi-governmental entity that receives any governmental housing subsidy or assistance, including, but not limited to, the names and addresses of the owners of property involved in any housing program operated by the entity. "Public record" does not mean any of the following:

(a) Medical records;

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

(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 2710.03 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 or a municipal hospital operated pursuant to Chapter 749. 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) Proprietary information of or relating to any person that is submitted to or compiled by the Ohio venture capital authority created under section 150.01 of the Revised Code;

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

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

(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)(9) 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)(9) 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)(9) 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.

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

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

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

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

(B)(1) Subject Upon request and subject to division (B)(4)(8) of this section, all public records responsive to the request 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)(8) of this section, upon request and payment in advance of the cost of making copies of the requested public record under this section, 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. If a public record contains information that is exempt from the duty to permit public inspection or copying, the public office shall make available all of the information within the public record that is not exempt. When making that information available for public inspection or copying, the public office shall notify the requester of any redaction or make the redaction plainly visible. A redaction shall be deemed a denial of a request to inspect or copy the redacted information, except if federal or state law authorizes or requires a public office to make the redaction.

(2) To facilitate broader access to public records, a public office shall organize and maintain public records in a manner that they can be made available for inspection or copying in accordance with division (B) of this section. A public office also shall have available a copy of its current records retention schedule at a location readily available to the public. If a requester makes an ambiguous request or has difficulty in making a request for copies or inspection of public records under this section such that the public office cannot reasonably identify what public records are being requested, the public office may deny the request but shall provide the requester with an opportunity to revise the request by informing the requester of the manner in which records are maintained by the public office and accessed in the ordinary course of the public office's duties.

(3)(a) If a request is ultimately denied, in part or in whole, the public office shall provide the requester with an explanation, including legal authority, setting forth why the request was denied. If the initial request was provided in writing, the explanation also shall be provided to the requester in writing. The explanation shall not preclude the public office from relying upon additional reasons or legal authority in defending an action commenced under division (C) of this section.

(b) If a request is ultimately denied, in part or in whole, the public office may provide the requester information on how to contact the office of the public access counselor established under section 2743.31 of the Revised Code and the procedures for filing an informal complaint or a formal complaint with the public access counselor under section 2743.33 of the Revised Code.

(4) Unless specifically required by state or federal law or in accordance with division (B) of this section, no public office may limit or condition the availability of public records by requiring disclosure of the requester's identity or the intended use of the requested public record. Any such requirement constitutes a denial of the request.

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

(2)(6) 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 may require that person to pay in advance the cost involved in providing the copy of the public record in accordance with the choice made by the person seeking the copy under this division. The public office or the 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)(7) Upon a request made in accordance with division (B)(1) of this section and subject to division (B)(6) 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 or by any other means of delivery or transmission 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, if the copy is transmitted by United States mail, and other supplies used in the mailing, delivery, or transmission.

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 or by any other means of delivery or transmission 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)(8) 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)(9) 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 this 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)(1) 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 any other failure of a public office or the person responsible for the public record to make a copy available to the person allegedly aggrieved to comply with an obligation in accordance with division (B) of this section, the person allegedly aggrieved may commence do either of the following:

(a) File either an informal complaint or a formal complaint with the public access counselor pursuant to section 2743.33 of the Revised Code;

(b) 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 court costs and reasonable attorney's fees to the person that instituted the mandamus action, and, if applicable, that includes an order fixing statutory damages under division (C)(2) of this section. 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. A person that commences a mandamus action under division (C)(1) of this section may not file with respect to the same public record request that is the subject of the mandamus action an informal complaint or a formal complaint with the public access counselor under section 2743.33 of the Revised Code.

(2) If a person makes a written request to inspect or copy any public record in a manner that fairly describes the public record or class of public records requested, the person shall be entitled to recover the amount of statutory damages set forth in this division if a court determines both of the following:

(a) The person filed either an informal complaint or a formal complaint with the public access counselor pursuant to section 2743.33 of the Revised Code, regardless of whether or not the parties involved in the applicable complaint reached an agreement under that section and regardless of whether or not the public access counselor issued an advisory opinion under that section.

(b) The public office or the person responsible for public records failed to comply with a person's request under division (B) of this section within ten business days after the person transmitted the request by hand delivery or certified mail to the public office or person responsible for the requested public records or within any additional period of time for compliance by the public office or person responsible for the public records exercising due diligence if that public office or person asserts in good faith a reasonable belief that the additional period for compliance is necessary due to any of the following:

(i) The age of the requested public records;

(ii) The volume of the requested public records if those records consist of more than one hundred pages;

(iii) The need to examine the requested public records for any privileged information or any information that is exempt from inspection and copying under this section or any other section of the Revised Code;

(iv) The need to make any redaction of any information in the requested public records;

(v) The format of the requested public records being such that the records are no longer easily accessible.

The amount of statutory damages shall be fixed at one hundred dollars for each business day during which the public office or person responsible for the requested public records failed to make one or more requested public records available, beginning with the day on which the requester files a mandamus action to recover statutory damages, up to a maximum of one thousand dollars. The statutory damages shall not be construed as penalties, but as compensation for injury arising from lost use of the requested information; the existence of this injury shall be conclusively presumed. The award of statutory damages shall be in addition to all other remedies authorized by this section.

(3)(a) If the court renders a judgment that orders the public office or the person responsible for the public record to comply with division (B) of this section and determines that the circumstances described in divisions (C)(2)(a) and (b) of this section exist, the court shall determine and award to the relator all court costs.

(b) If the court renders a judgment that orders the public office or the person responsible for the public record to comply with division (B) of this section, the relator filed a formal complaint with the public access counselor under section 2743.33 of the Revised Code prior to filing the mandamus action, and the public access counselor issued an advisory opinion under that section declaring that the relator has the right to inspect or copy the public records that are the subject of the formal complaint, subject to division (C)(3)(c) of this section, the court shall determine and award to the relator reasonable attorney's fees subject to reduction as described in division (C)(3)(d) of this section.

(c) If the court renders a judgment that orders the public office or the person responsible for the public record to comply with division (B) of this section, in addition to any other provisions in this section regarding an award of attorney's fees to the relator, the following apply:

(i) The court shall determine and award to the relator reasonable attorney's fees, subject to reduction as described in division (C)(2)(d) of this section, if the public office or the person responsible for the public records did not respond affirmatively or negatively to the public records request within the applicable period of time described in division (C)(2)(a) of this section.

(ii) The court shall determine and award to the relator reasonable attorney's fees, subject to reduction as described in division (C)(2)(d) of this section, if the public office or the person responsible for the public records promised to permit the relator to inspect or copy the public records requested within a specified period of time but failed to fulfill that promise within that specified period of time.

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

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

(ii) That a well-informed public office or person responsible for the requested public records reasonably would believe that the conduct or threatened conduct of the public office or person responsible for the requested public records as described in division (C)(3)(d)(i) of this section would serve the public policy that underlies the authority that is asserted as permitting that conduct or threatened conduct.

(e) If the person who commences the mandamus action under division (C)(1) of this section did not file an informal complaint or a formal complaint with the public access counselor pursuant to section 2743.33 of the Revised Code before filing the action, the court shall not award to the person any statutory damages but shall award to the person court costs and may award to the person reasonable attorney's fees, subject to reduction as described in division (C)(3)(d) of this section.

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

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

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

(E)(F)(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) division (F)(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)(F)(1) and (2) of this section, "commercial surveys, marketing, solicitation, or resale for commercial purposes" 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. 2743.31.  (A) As used in this section and sections 2743.32, 2743.33, and 2743.34 of the Revised Code:

(1) "Counselor" means the public access counselor appointed under this section.

(2) "Meeting" and "public body" have the same meanings as in section 121.22 of the Revised Code.

(3) "Public access laws" means sections 121.22 and 149.43 of the Revised Code.

(4) "Public entity" means a public body for purposes of matters concerning section 121.22 of the Revised Code or a public office for purposes of matters concerning section 149.43 of the Revised Code.

(5) "Public office" has the same meaning as in section 149.011 of the Revised Code.

(6) "Public meeting" means a meeting that is open to the public under section 121.22 of the Revised Code.

(7) "Public records" has the same meaning as in section 149.43 of the Revised Code.

(B) There is hereby established in the court of claims an office to be known as the office of the public access counselor. The office of the public access counselor shall be under the supervision of a public access counselor appointed by the chief justice of the supreme court. The public office counselor shall have been admitted to practice as an attorney at law in this state and shall be engaged in the practice of law in this state. The chief justice of the supreme court shall appoint the public access counselor for a term of four years. The chief justice may remove the public access counselor for cause. If a vacancy occurs in the office of public access counselor, the chief justice shall appoint a successor to serve the remainder of the unexpired term of the public access counselor. The successor appointed to fill a vacancy in the office of public access counselor shall have been admitted to practice as an attorney at law in this state and shall be engaged in the practice of law in this state.

(C) The public access counselor shall not engage in any profession, occupation, practice, or business that may conflict with the duties of the public access counselor under section 2743.32 or 2743.33 of the Revised Code.

(D) The public access counselor may appoint any employees necessary to carry out the duties and functions of the office of the public access counselor.

Sec. 2743.32.  (A) The public access counselor appointed under section 2743.31 of the Revised Code shall do all of the following:

(1) Assist the attorney general in developing and providing training programs and seminars under section 109.43 of the Revised Code;

(2) Receive any informal complaint filed by any person under section 2743.33 of the Revised Code alleging a public entity's denial of any of the person's rights under the public access laws and engage in dispute resolution to encourage the parties to the informal complaint to reach an agreement under that section;

(3) Receive any formal complaint filed by any person under section 2743.33 of the Revised Code alleging a public entity's denial of any of the person's rights under the public access laws, investigate the allegations in the complaint, and issue an advisory opinion regarding any of the person's rights that are the subject of the formal complaint;

(4) Make recommendations to the general assembly and to the supreme court concerning ways to improve public access to public records and to ensure public attendance at public meetings.

(B) The counselor shall submit an annual report to the general assembly and to the supreme court not later than the thirtieth day of June of each year concerning the activities of the counselor during the immediately preceding calendar year in regard to divisions (B)(1) to (5) of this section. The report shall include all of the following information:

(1) The total number of informal complaints and the total number of formal complaints received by the office of the public access counselor;

(2) The number of informal complaints and the number of formal complaints received from the media and received from the public in general;

(3) The total number of informal complaints that resulted in an agreement reached by the parties to the informal complaint and the total number of formal complaints that resulted in an agreement reached by the parties to the formal complaint;

(4) The number of informal complaints and the number of formal complaints received in regard to the performance of duties by the applicable public entity under section 121.22 or 149.43 of the Revised Code by each of the following:

(a) Public entities, other than political subdivisions or agencies of political subdivisions;

(b) Offices and agencies of counties;

(c) Offices and agencies of municipal corporations;

(d) Offices and agencies of townships;

(e) Boards of education;

(f) Offices and agencies of other political subdivisions.

(5) The total number of advisory opinions that were issued by the public access counselor.

Sec. 2743.33. (A) No person is required to file an informal complaint or a formal complaint with the public access counselor under this section before filing an action in court under the public access laws. The procedures set forth in this section do not constitute an alternative remedy in the ordinary course of the law for purposes of seeking any judicial remedy authorized by any provision in the Revised Code or by any rule of court.

(B) A public entity shall cooperate with the counselor in any proceeding under this section.

(C)(1) Any of the following may file an informal complaint with the counselor pursuant to the procedures prescribed in division (F) of this section or may file a formal complaint with the counselor pursuant to the procedures prescribed in division (G) of this section:

(a) Any person that alleges that the person's right to inspect or copy any public record under section 149.43 of the Revised Code has been denied in violation of that section;

(b) Any person that alleges that any of the person's rights under section 121.22 of the Revised Code has been denied in violation of that section.

(2)(a) No person described in division (C)(1)(a) of this section may file both an informal complaint and a formal complaint under this section alleging that the person's right to inspect or copy any public record under section 149.43 of the Revised Code has been denied in violation of that section if the allegations in the informal complaint and the allegations in the formal complaint are based on the same facts.

(b) No person described in division (C)(1)(b) of this section may file both an informal complaint and a formal complaint under this section alleging that any of the person's rights under section 121.22 of the Revised Code has been denied in violation of that section if the allegations in the informal complaint and the allegations in the formal complaint are based on the same facts.

(3) The counselor shall determine and prescribe the form of an informal complaint and the form of a formal complaint filed under this section.

(D)(1) Any person described in division (C)(1)(a) of this section that chooses to file an informal complaint or a formal complaint with the counselor shall file the appropriate complaint not later than thirty days after the date of the alleged denial of the person's right to inspect or copy any public record under section 149.43 of the Revised Code. Any person described in division (C)(1)(b) of this section that chooses to file an informal complaint or a formal complaint with the counselor shall file the appropriate complaint not later than thirty days after the date of the alleged denial of any of the person's rights under section 121.22 of the Revised Code.

(2) An informal complaint or a formal complaint is considered filed on the date the appropriate complaint is received by the counselor or on the date the appropriate mailed complaint is postmarked if the counselor receives that mailed complaint more than thirty days after the applicable date specified in division (D)(1) of this section.

(E) Upon receiving an informal complaint or a formal complaint under division (D)(2) of this section, the counselor immediately shall forward a copy of the appropriate complaint to the public entity that is the subject of that complaint.

(F)(1) Upon receiving an informal complaint under division (D)(2) of this section, the counselor shall engage in early intervention, mediation, conciliation, or any other form of dispute resolution or shall facilitate discussion between the parties involved in the informal complaint in order to encourage those parties to reach an agreement on the issues raised in the informal complaint as soon as practicable.

(2) If the parties involved in the informal complaint reach an agreement regarding the issues raised in that complaint, the counselor shall require that the agreement be in writing and signed by both parties within seven days after the parties reach the agreement. The agreement is enforceable in a court. A court that determines that a party has violated the agreement shall order that party to pay the reasonable attorney's fees of the other party. If the informal complaint is based on an alleged denial by a public office of the complainant's right to inspect or copy any public record under section 149.43 of the Revised Code, if an agreement is reached under this division between the complainant and the public office involved in that informal complaint, and, if a court determines that that public office violated the agreement, the court shall order the public office to pay statutory damages to the complainant in the amount specified in division (C)(2) of section 149.43 of the Revised Code. If the informal complaint is based on an alleged denial by a public body of any of the complainant's rights under section 121.22 of the Revised Code, if an agreement is reached under this division between the complainant and the public body involved in that informal complaint, and if a court determines that that public body violated the agreement, the court shall order the public body to pay the civil forfeiture to the complainant in the amount specified in division (I)(2)(a) of section 121.22 of the Revised Code.

(3) If any early intervention, mediation, conciliation, or other form of dispute resolution in which the counselor engages under division (F)(1) of this section or any discussion between the parties does not result in any agreement between the parties on the issues raised in the informal complaint within fourteen days after the date of the filing of the informal complaint, the complainant may bring an action in court pursuant to the applicable public access law.

(G)(1) Upon receiving a formal complaint under division (D)(2) of this section, the counselor shall investigate the facts alleged in the formal complaint.

(2)(a) Except as provided in division (G)(2)(b) of this section, if the parties involved in the formal complaint reach an agreement regarding the issues raised in that complaint either before or after an advisory opinion is issued under division (G)(3) of this section, the counselor shall require that the agreement be in writing and signed by both parties within seven days after the parties reach the agreement. The agreement is enforceable in a court. A court that determines that a party has violated the agreement shall order that party to pay the reasonable attorney's fees of the other party. If the formal complaint is based on an alleged denial by a public office of the complainant's right to inspect or copy any public record under section 149.43 of the Revised Code, if an agreement is reached under this division between the complainant and the public office involved in that formal complaint, and if a court determines that that public office violated the agreement, the court shall order the public office to pay statutory damages to the complainant in the amount specified in division (C)(2) of section 149.43 of the Revised Code. If the formal complaint is based on an alleged denial by a public body of any of the complainant's rights under section 121.22 of the Revised Code, if an agreement is reached under this division between the complainant and the public body involved in that formal complaint, and if a court determines that that public body violated the agreement, the court shall order the public body to pay the civil forfeiture to the complainant in the amount specified in division (I)(2)(a) of section 121.22 of the Revised Code.

(b) Division (G)(2)(a) of this section does not apply if the counselor participated in or facilitated any discussion between the parties in reaching the agreement described in that division.

(3)(a) Except as provided in division (G)(3)(b) of this section, the counselor shall issue an advisory opinion on the formal complaint not later than fourteen days after the complaint is filed.

(b) If the counselor determines that a formal complaint has priority, the counselor shall issue an advisory opinion on the complaint not later than seven days after the complaint is filed.

(4) The counselor shall adopt any necessary rules establishing criteria for formal complaints that have priority under this section or any other rules necessary to implement the provisions of this section.

(5)(a) If the counselor issues an advisory opinion under division (G)(3) of this section that declares that the complainant has the right to inspect or copy the public records that are the subject of the formal complaint, unless the parties involved in the formal complaint reach an agreement under division (G)(2) of this section, the complainant may present the advisory opinion to the public office involved in the formal complaint and request the public office to make those records available for inspection or copying by the complainant pursuant to section 149.43 of the Revised Code. If the public office denies that request or fails to promptly comply with the request, the complainant may bring an action in court pursuant to that section.

(b) If the counselor issues an advisory opinion under division (G)(3) of this section that declares that the complainant has that right under section 121.22 of the Revised Code that is the subject of the formal complaint, unless the parties involved in the formal complaint reach an agreement under division (G)(2) of this section, the complainant may present the advisory opinion to the public body involved in the formal complaint and request the public body to comply with section 121.22 of the Revised Code with respect to the complainant's right that is the subject of the formal complaint. If the public body does not comply with section 121.22 of the Revised Code with respect to that right of the complainant, the complainant may bring an action in court pursuant to that section.

(6) All advisory opinions issued by the counselor under division (G)(3) of this section shall state the date of issuance of the opinion, name the parties to the formal complaint, summarize the factual and legal issues involved, and set forth a reasoned rationale for the counselor's conclusion, including citation to legal authority supporting that conclusion. Advisory opinions issued by the counselor are public records under section 149.43 of the Revised Code.

(7) The office of the public access counselor may rely on past advisory opinions issued by the counselor under division (G)(3) of this section as precedent for that office. Advisory opinions issued by the counselor under that division do not bind any court in interpreting or applying section 121.22 or 149.43 of the Revised Code, and no court may presume that the existence of an advisory opinion issued by the counselor is evidence against or in favor of a reduction or denial of an award of reasonable attorney's fees to a litigant.

Sec. 2743.34. (A) Any person who files an informal complaint or a formal complaint with the public access counselor under section 2743.33 of the Revised Code may withdraw the complaint at any time by notifying the counselor in writing of the withdrawal. Upon withdrawing the complaint, that person may bring an action in court as authorized by the applicable public access law based upon the same facts that are the subject matter of the complaint that was withdrawn.

(B) Any informal complaint or any formal complaint filed with the public access counselor under section 2743.33 of the Revised Code does not toll the running of the period of limitations for bringing an action under section 121.22 or 149.43 of the Revised Code concerning the subject matter of the informal complaint or the subject matter of the formal complaint.

Sec. 3319.321.  (A) No person shall release, or permit access to, the names or other personally identifiable directory information concerning any students attending a public school to any person or group for use in a profit-making plan or activity. Notwithstanding division (B)(4) of section 149.43 of the Revised Code, a person may require disclosure of the requestor's identity or the intended use of the directory information concerning any students attending a public school to ascertain whether the directory information is for use in a profit-making plan or activity.

(B) No person shall release, or permit access to, personally identifiable information other than directory information concerning any student attending a public school, for purposes other than those identified in division (C), (E), (G), or (H) of this section, without the written consent of the parent, guardian, or custodian of each such student who is less than eighteen years of age, or without the written consent of each such student who is eighteen years of age or older.

(1) For purposes of this section, "directory information" includes a student's name, address, telephone listing, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, date of graduation, and awards received.

(2)(a) Except as provided in division (B)(2)(b) of this section, no school district board of education shall impose any restriction on the presentation of directory information that it has designated as subject to release in accordance with the "Family Educational Rights and Privacy Act of 1974," 88 Stat. 571, 20 U.S.C. 1232q, as amended, to representatives of the armed forces, business, industry, charitable institutions, other employers, and institutions of higher education unless such restriction is uniformly imposed on each of these types of representatives, except that if a student eighteen years of age or older or a student's parent, guardian, or custodian has informed the board that any or all such information should not be released without such person's prior written consent, the board shall not release that information without such person's prior written consent.

(b) The names and addresses of students in grades ten through twelve shall be released to a recruiting officer for any branch of the United States armed forces who requests such information, except that such data shall not be released if the student or student's parent, guardian, or custodian submits to the board a written request not to release such data. Any data received by a recruiting officer shall be used solely for the purpose of providing information to students regarding military service and shall not be released to any person other than individuals within the recruiting services of the armed forces.

(3) Except for directory information and except as provided in division (E), (G), or (H) of this section, information covered by this section that is released shall only be transferred to a third or subsequent party on the condition that such party will not permit any other party to have access to such information without written consent of the parent, guardian, or custodian, or of the student who is eighteen years of age or older.

(4) Except as otherwise provided in this section, any parent of a student may give the written parental consent required under this section. Where parents are separated or divorced, the written parental consent required under this section may be obtained from either parent, subject to any agreement between such parents or court order governing the rights of such parents. In the case of a student whose legal guardian is in an institution, a person independent of the institution who has no other conflicting interests in the case shall be appointed by the board of education of the school district in which the institution is located to give the written parental consent required under this section.

(5)(a) A parent of a student who is not the student's residential parent, upon request, shall be permitted access to any records or information concerning the student under the same terms and conditions under which access to the records or information is available to the residential parent of that student, provided that the access of the parent who is not the residential parent is subject to any agreement between the parents, to division (F) of this section, and, to the extent described in division (B)(5)(b) of this section, is subject to any court order issued pursuant to section 3109.051 of the Revised Code and any other court order governing the rights of the parents.

(b) If the residential parent of a student has presented the keeper of a record or information that is related to the student with a copy of an order issued under division (H)(1) of section 3109.051 of the Revised Code that limits the terms and conditions under which the parent who is not the residential parent of the student is to have access to records and information pertaining to the student or with a copy of any other court order governing the rights of the parents that so limits those terms and conditions, and if the order pertains to the record or information in question, the keeper of the record or information shall provide access to the parent who is not the residential parent only to the extent authorized in the order. If the residential parent has presented the keeper of the record or information with such an order, the keeper of the record shall permit the parent who is not the residential parent to have access to the record or information only in accordance with the most recent such order that has been presented to the keeper by the residential parent or the parent who is not the residential parent.

(C) Nothing in this section shall limit the administrative use of public school records by a person acting exclusively in the person's capacity as an employee of a board of education or of the state or any of its political subdivisions, any court, or the federal government, and nothing in this section shall prevent the transfer of a student's record to an educational institution for a legitimate educational purpose. However, except as provided in this section, public school records shall not be released or made available for any other purpose. Fingerprints, photographs, or records obtained pursuant to section 3313.96 or 3319.322 of the Revised Code, or pursuant to division (E) of this section, or any medical, psychological, guidance, counseling, or other information that is derived from the use of the fingerprints, photographs, or records, shall not be admissible as evidence against the minor who is the subject of the fingerprints, photographs, or records in any proceeding in any court. The provisions of this division regarding the administrative use of records by an employee of the state or any of its political subdivisions or of a court or the federal government shall be applicable only when the use of the information is required by a state statute adopted before November 19, 1974, or by federal law.

(D) A board of education may require, subject to division (E) of this section, a person seeking to obtain copies of public school records to pay the cost of reproduction and, in the case of data released under division (B)(2)(b) of this section, to pay for any mailing costs, which payment shall not exceed the actual cost to the school.

(E) A principal or chief administrative officer of a public school, or any employee of a public school who is authorized to handle school records, shall provide access to a student's records to a law enforcement officer who indicates that the officer is conducting an investigation and that the student is or may be a missing child, as defined in section 2901.30 of the Revised Code. Free copies of information in the student's record shall be provided, upon request, to the law enforcement officer, if prior approval is given by the student's parent, guardian, or legal custodian. Information obtained by the officer shall be used solely in the investigation of the case. The information may be used by law enforcement agency personnel in any manner that is appropriate in solving the case, including, but not limited to, providing the information to other law enforcement officers and agencies and to the bureau of criminal identification and investigation for purposes of computer integration pursuant to section 2901.30 of the Revised Code.

(F) No person shall release to a parent of a student who is not the student's residential parent or to any other person, or permit a parent of a student who is not the student's residential parent or permit any other person to have access to, any information about the location of any elementary or secondary school to which a student has transferred or information that would enable the parent who is not the student's residential parent or the other person to determine the location of that elementary or secondary school, if the elementary or secondary school to which the student has transferred and that requested the records of the student under section 3313.672 of the Revised Code informs the elementary or secondary school from which the student's records are obtained that the student is under the care of a shelter for victims of domestic violence, as defined in section 3113.33 of the Revised Code.

(G) A principal or chief administrative officer of a public school, or any employee of a public school who is authorized to handle school records, shall comply with any order issued pursuant to division (D)(1) of section 2151.14 of the Revised Code, any request for records that is properly made pursuant to division (D)(3)(a) of section 2151.14 or division (A) of section 2151.141 of the Revised Code, and any determination that is made by a court pursuant to division (D)(3)(b) of section 2151.14 or division (B)(1) of section 2151.141 of the Revised Code.

(H) Notwithstanding any provision of this section, a principal of a public school, to the extent permitted by the "Family Educational Rights and Privacy Act of 1974," shall make the report required in section 3319.45 of the Revised Code that a pupil committed any violation listed in division (A) of section 3313.662 of the Revised Code on property owned or controlled by, or at an activity held under the auspices of, the board of education, regardless of whether the pupil was sixteen years of age or older. The principal is not required to obtain the consent of the pupil who is the subject of the report or the consent of the pupil's parent, guardian, or custodian before making a report pursuant to section 3319.45 of the Revised Code.

Sec. 4701.19.  (A) All statements, records, schedules, working papers, and memoranda made by a certified public accountant or public accountant incident to or in the course of professional service to clients by the accountant, except reports submitted by a certified public accountant or public accountant to a client, shall be and remain the property of the accountant in the absence of an express agreement between the accountant and the client to the contrary. No statement, record, schedule, working paper, or memorandum of that nature shall be sold, transferred, or bequeathed without the consent of the client or the client's personal representative or assignee to any person other than one or more surviving partners or new partners of the accountant.

(B) The statements, records, schedules, working papers, and memoranda made by a certified public accountant or public accountant incident to or in the course of performing an audit of a public office or private entity, except reports submitted by the accountant to the client, are not a public record. Statements, records, schedules, working papers, and memoranda that are so made in an audit by a certified public accountant or public accountant and that are in the possession of the auditor of state also are not a public record. As used in this division, "public record" has the same meaning as in section 149.43 of the Revised Code.

Section 2. That existing sections 121.22, 149.011, 149.31, 149.38, 149.39, 149.41, 149.42, 149.43, 3319.321, and 4701.19 of the Revised Code are hereby repealed.

Section 3. Section 4701.19 of the Revised Code, as amended by this act, applies to audits described in that section that are commenced on or after the effective date of this act.

Section 4.  Section 149.43 of the Revised Code is presented in this act as a composite of the section as amended by Am. Sub. H.B. 303, Am. Sub. H.B. 431, and Sub. S.B. 222, all of the 125th 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 this act.