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S. B. No. 178 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Senators Beagle, Wagoner, Tavares, Turner
A BILL
To amend sections 109.43, 149.351, 149.38, 149.39,
149.41, 149.411, 149.412, 149.42, 307.801,
1901.41, and 3313.29 and to enact section 149.381
of the Revised Code to limit the forfeiture amount
and attorney's fees a person may recover for the
unlawful destruction or disposal of a record of a
public office, to establish a four-year statute of
limitations for the commencement of a civil action
for injunctive relief or to recover a forfeiture
for such unlawful conduct, to require one-half of
all forfeiture amounts recovered to be paid to the
state for use by the state archives, to revise the
Ohio Historical Society's procedure for selecting
records of historical value before political
subdivisions dispose of them, to allow the
Attorney General to offer programs regarding the
records retention procedure, and to move the date
for meetings of a county microfilming board.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 109.43, 149.351, 149.38, 149.39,
149.41, 149.411, 149.412, 149.42, 307.801, 1901.41, and 3313.29 be
amended and section 149.381 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. If the contracting state agency, political
subdivision, or other public or private entity charges an elected
official or an elected official's appropriate designee a
registration fee for attending the training program or seminar
conducted pursuant to a contract entered into under this division
by that contracting agency, political subdivision, or entity, the
public office for which the elected official was appointed or
elected to represent may use the public office's own funds to pay
for the cost of the registration fee.
(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, 149.38, 149.381, 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. 149.351. (A) All records are the property of the public
office concerned and shall not be removed, destroyed, mutilated,
transferred, or otherwise damaged or disposed of, in whole or in
part, except as provided by law or under the rules adopted by the
records commissions provided for under sections 149.38 to 149.42
of the Revised Code or under the records programs established by
the boards of trustees of state-supported institutions of higher
education under section 149.33 of the Revised Code. Such records
shall be delivered by outgoing officials and employees to their
successors and shall not be otherwise removed, destroyed,
mutilated, or transferred, or destroyed unlawfully.
(B) Any person who, after the effective date of this
amendment, is aggrieved by the removal, destruction, mutilation,
or transfer of, or by other damage to or disposition of a record
in violation of division (A) of this section, or by threat of such
removal, destruction, mutilation, transfer, or other damage to or
disposition of such a record, may commence either or both of the
following in the court of common pleas of the county in which
division (A) of this section allegedly was violated or is
threatened to be violated:
(1) A civil action for injunctive relief to compel compliance
with division (A) of this section, and to obtain an award of the
reasonable attorney's fees incurred by the person in the civil
action;
(2) A civil action to recover a forfeiture in the amount of
one thousand dollars for each violation but not to exceed ten
thousand dollars for all violations, and to obtain an award of the
reasonable attorney's fees incurred by the person in the civil
action equal to one-half of the forfeiture amount recovered.
A person is not aggrieved by a violation of this section if
clear and convincing evidence shows that the request for a record
was contrived as a pretext to create potential liability under
this section. Commencing a civil action under this section waives
any right under this chapter to decline to divulge the purpose for
requesting the record, but only to the extent needed to evaluate
whether the request was contrived to create potential liability
under this section.
(C) Once a civil action is filed under division (B)(1) or (2)
of this section, no other person may file a civil action under
division (B)(1) or (2) of this section for a violation of this
section involving the same record.
(D) One-half of the forfeiture amount recovered under
division (B)(2) of this section shall be paid to the person who
commenced the civil action to recover a forfeiture, and one-half
of the forfeiture amount recovered under that division shall be
paid to the treasurer of state, who shall deposit the amount in an
account of the Ohio historical society, to be used by the state
archives in furtherance of its mission to retain records of
continuing historical value.
(E) A civil action for injunctive relief under division
(B)(1) of this section and a civil action to recover a forfeiture
under division (B)(2) of this section shall be commenced within
four years after the day division (A) of this section was
allegedly violated or was threatened to be violated.
Sec. 149.38. (A) There is hereby created in each county a
county records commission, composed of a member 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 the 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 disposal of
obsolete records and schedules of records retention and
disposition submitted by county offices. 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)(1) When the county records commission has approved any
county 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 During the sixty-day review
period, the Ohio historical society may select for its custody
from the application for one-time disposal of obsolete records any
records it considers to be of continuing historical value, and
shall denote upon any schedule of records retention and
disposition any records for which the Ohio historical society will
require a certificate of records disposal prior to their disposal.
(2) 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 of state shall approve or disapprove the
application or schedule within a period of not more than sixty
days after receipt of it. Before
(3) Before public records are to be disposed of pursuant to
an approved schedule of records retention and disposition, the
county records commission shall inform the Ohio historical society
of the disposal through the submission of a certificate of records
disposal for only the records required by the schedule to be
disposed of and shall give the society the opportunity for a
period of fifteen business days to select for its custody those
records, from the certificate submitted, that it considers to be
of continuing historical value. 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 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 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.
Any notified entity that notifies the county
records commission of its intent to review and select records of
continuing historical value from certificates of records disposal
is responsible for the cost of any notice given and for the
transportation of those records.
(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. 149.381. (A) As used in this section, "records
commission" means a records commission created under section
149.39 of the Revised Code, a school district records commission
and an educational service center records commission created under
section 149.41 of the Revised Code, a library records commission
created under section 149.411 of the Revised Code, a special
taxing district records commission created under section 149.412
of the Revised Code, and a township records commission created
under section 149.42 of the Revised Code.
(B) When a records commission has approved an application for
one-time disposal of obsolete records or any schedule of records
retention and disposition, the records 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. During the sixty-day review period, the Ohio
historical society may select for its custody from the application
for one-time disposal of obsolete records any records it considers
to be of continuing historical value, and shall denote upon any
schedule of records retention and disposition the records for
which the Ohio historical society will require a certificate of
records disposal prior to their disposal.
(C) 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 of state's
approval or disapproval. The auditor of state shall approve or
disapprove the application or schedule within a period of not more
than sixty days after receipt of it.
(D) Before public records are to be disposed of pursuant to
an approved schedule of records retention and disposition, the
records commission shall inform the Ohio historical society of the
disposal through the submission of a certificate of records
disposal for only the records required by the schedule to be
disposed of, and shall give the society the opportunity for a
period of fifteen business days to select for its custody those
public records, from the certificate submitted, that it considers
to be of continuing historical value.
(E) The Ohio historical society may not review or select for
its custody any of the following:
(1) Records the release of which is prohibited by section
149.432 of the Revised Code.
(2) 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 pupil who is eighteen
years of age or older.
(3) Records the release of which would, according to the
"Family Educational Rights and Privacy Act of 1974," 88 Stat. 571,
20 U.S.C. 1232g, disqualify a school or other educational
institution from receiving federal funds.
Sec. 149.39. There is hereby created in each municipal
corporation a records commission composed of the chief executive
or the chief executive's appointed representative, as 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 the call of the 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 and schedules of records retention and disposition
submitted by municipal offices. The commission may dispose of
records pursuant to the procedure outlined in this section 149.381
of the Revised Code. The commission, at any time, may review any
schedule it has previously approved and, for good cause shown, may
revise that schedule under the procedure outlined in that section.
When the municipal records commission has approved any
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. 149.41. There is hereby created in each city, local,
joint vocational, 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 and
schedules of records retention and disposition submitted by any
employee of the school district or educational service center. The
commission may dispose of records pursuant to the procedure
outlined in this section 149.381 of the Revised Code. The
commission, at any time, may review any schedule it has previously
approved and, for good cause shown, may revise that schedule under
the procedure outlined in that section.
When the school district records commission or the
educational service center records commission has approved any
application for one-time disposal of obsolete records 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 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 appropriate 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 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, school district free public library as described
in section 3375.15 of the Revised Code, county library district,
and regional library district a library records commission
composed of the members and the fiscal officer 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 149.381 of the
Revised Code. The commission, at any time, may review any schedule
it has previously approved and, for good cause shown, may revise
that schedule under the procedure outlined in that section.
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 149.381 of the Revised Code. The commission, at any time,
may review any schedule it has previously approved and, for good
cause shown, may revise that schedule under the procedure outlined
in that section.
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
the call of the chairperson.
The function of the commission shall be to review
applications for one-time disposal of obsolete records and
schedules of records retention and disposition submitted by
township offices. The commission may dispose of records pursuant
to the procedure outlined in this section 149.381 of the Revised
Code. The commission, at any time, may review any schedule it has
previously approved and, for good cause shown, may revise that
schedule under the procedure outlined in that section.
When the township records commission has approved any
township 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. 307.801. Within ninety days after a county microfilming
board has been established, it shall hold its initial meeting at
such time as the secretary of the board determines. Thereafter,
the board shall meet annually on the
third second Monday in
January and at such other times and places as the secretary
determines. The secretary shall, within five days after receiving
a written request from any other member of the board, call the
board together for a meeting. A majority of the board constitutes
a quorum at any regular or special meeting.
The board may, by unanimous consent, adopt such rules as it
considers necessary for its operation, but no rule of the board
shall derogate the authority or responsibility of any elected
official.
Sec. 1901.41. (A) Notwithstanding section sections 149.381
and 149.39 of the Revised Code and subject to division (E) of this
section, each municipal court, by rule, may order the destruction
or other disposition of the files of cases that have been finally
disposed of by the court for at least five years as follows:
(1) If a case has been finally disposed of for at least five
years, but less than fifteen years prior to the adoption of the
rule of court for destruction or other disposition of the files,
the court may order the files destroyed or otherwise disposed of
only if the court first complies with division (B)(1) of this
section;
(2) If a case has been finally disposed of for fifteen years
or more prior to the adoption of the rule of court for destruction
or other disposition of the files, the court may order the files
destroyed or otherwise disposed of without having copied or
reproduced the files prior to their destruction.
(B)(1) Except as otherwise provided in this division, all
files destroyed or otherwise disposed of under division (A)(1) of
this section shall be copied or reproduced prior to their
destruction or disposition in the manner and according to the
procedure prescribed in section 9.01 of the Revised Code. The
copies or reproductions of the files made pursuant to section 9.01
of the Revised Code shall be retained and preserved by the court
for a period of ten years after the destruction of the original
files in accordance with this section, after which the copies or
reproductions themselves may be destroyed or otherwise disposed
of.
Files destroyed or otherwise disposed of under division
(A)(1) of this section that are solely concerned with criminal
prosecutions for minor misdemeanor offenses or that are concerned
solely with minor misdemeanor traffic prosecutions do not have to
be copied or reproduced in any manner or under any procedure prior
to their destruction or disposition as provided in this section.
(2) Files destroyed or otherwise disposed of under division
(A)(2) of this section do not have to be copied or reproduced in
any manner or under any procedure prior to their destruction or
disposition.
(C) Nothing in this section permits or shall be construed as
permitting the destruction or other disposition of the files in
the Cleveland municipal court of cases involving the following
actions and proceedings:
(1) The sale of real property in an action to foreclose and
marshal all liens on the real property;
(2) The sale of real property in an action to foreclose a
mortgage on the real property;
(3) The determination of rights in the title to real property
either in the form of a creditor's bill or in any other action
intended to determine or adjudicate the right, title, and interest
of a person or persons in the ownership of a parcel or parcels of
real property or any interest therein.
(D) All dockets, indexes, journals, and cash books of the
court shall be retained and preserved by the court for at least
twenty-five years unless they are reproduced in the manner and
according to the procedure prescribed in section 9.01 of the
Revised Code, in which case the reproductions shall be retained
and preserved by the court at least until the expiration of the
twenty-five year period for which the originals would have had to
have been retained. Court dockets, indexes, journals, and cash
books, and all other court records also shall be subject to
destruction or other disposition under section 149.39 149.381 of
the Revised Code.
(E) Notwithstanding section sections 149.381 and 149.39 of
the Revised Code, each clerk of a municipal court shall retain
documentation regarding each criminal conviction and plea of
guilty involving a case that is or was before the court. The
documentation shall be in a form that is admissible as evidence in
a criminal proceeding as evidence of a prior conviction or that is
readily convertible to or producible in a form that is admissible
as evidence in a criminal proceeding as evidence of a prior
conviction and may be retained in any form authorized by section
9.01 of the Revised Code. The clerk shall retain this
documentation for a period of fifty years after the entry of
judgment in the case, except that documentation regarding cases
solely concerned with minor misdemeanor offenses or minor
misdemeanor traffic offenses shall be retained as provided in
divisions (A) and (B) of this section, and documentation regarding
other misdemeanor traffic offenses shall be retained for a period
of twenty-five years after the entry of judgment in the case. This
section shall apply to records currently retained and to records
created on or after September 23, 2004.
Sec. 3313.29. The treasurer of each board of education shall
keep an account of all school funds of the district. The treasurer
shall receive all vouchers for payments and disbursements made to
and by the board and preserve such vouchers for a period of ten
years unless copied or reproduced according to the procedure
prescribed in section 9.01 of the Revised Code. Thereafter, such
vouchers may be destroyed by the treasurer upon applying to and
obtaining an order from the school district records commission in
the manner prescribed by section 149.41 149.381 of the Revised
Code, except that it shall not be necessary to copy or reproduce
such vouchers before their destruction. The treasurer shall render
a statement to the board and to the superintendent of the school
district, monthly, or more often if required, showing the revenues
and receipts from whatever sources derived, the various
appropriations made by the board, the expenditures and
disbursements therefrom, the purposes thereof, the balances
remaining in each appropriation, and the assets and liabilities of
the school district. At the end of the fiscal year such statement
shall be a complete exhibit of the financial affairs of the school
district which may be published and distributed with the approval
of the board. All monthly and yearly statements as required in
this section shall be available for examination by the public.
On request of the principal or other chief administrator of
any nonpublic school located within the school district's
territory, the treasurer shall provide such principal or
administrator with an account of the moneys received by the
district under division (I) of section 3317.024 of the Revised
Code as reported to the district's board in the treasurer's most
recent monthly statement.
Section 2. That existing sections 109.43, 149.351, 149.38,
149.39, 149.41, 149.411, 149.412, 149.42, 307.801, 1901.41, and
3313.29 of the Revised Code are hereby repealed.
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