As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 113

Representative Lundy 

Cosponsors: Representatives Hagan, Gentile, Goyal, Williams, Szollosi, Clyde, Okey, Phillips, O'Brien, Murray, DeGeeter, Ramos, Foley, Driehaus, Pillich, Budish, Antonio, Yuko, Patmon, Milkovich, Gerberry, Stinziano, Letson, Boyd, Fende, Slesnick, Ashford, Celeste, Fedor, Garland, Mallory, Sykes 

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A BILL

To amend sections 121.22 and 149.43 of the Revised

1

Code to enact "The Taxpayer's Right to Know Act,"

2

specifying that records of public-private

3

partnerships that perform or assist with state

4

functions are public records, and that such

5

entities must conduct official business in open

6

meetings.

7

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

Section 1. That sections 121.22 and 149.43 of the Revised	8
Code be amended to read as follows:	9

Sec. 121.22.  (A) This section shall be liberally construed	10
to require public officials to take official action and to conduct	11
all deliberations upon official business only in open meetings	12
unless the subject matter is specifically excepted by law.	13

(B) As used in this section:

14

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

15

(a) Any board, commission, committee, council, or similar	16
decision-making body of a state agency, institution, or authority,	17
and any legislative authority or board, commission, committee,	18
council, agency, authority, or similar decision-making body of any	19
county, township, municipal corporation, school district, or other	20
political subdivision or local public institution;	21

(b) Any committee or subcommittee of a body described in	22
division (B)(1)(a) of this section;	23

(c) A court of jurisdiction of a sanitary district organized	24
wholly for the purpose of providing a water supply for domestic,	25
municipal, and public use when meeting for the purpose of the	26
appointment, removal, or reappointment of a member of the board of	27
directors of such a district pursuant to section 6115.10 of the	28
Revised Code, if applicable, or for any other matter related to	29
such a district other than litigation involving the district. As	30
used in division (B)(1)(c) of this section, "court of	31
jurisdiction" has the same meaning as "court" in section 6115.01	32
of the Revised Code.	33

(2) "Meeting" means any prearranged discussion of the public	34
business of the public body by a majority of its members.	35

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

36

(a) A student in a state or local public educational	37
institution;	38

(b) A person who is, voluntarily or involuntarily, an inmate,	39
patient, or resident of a state or local institution because of	40
criminal behavior, mental illness or retardation, disease,	41
disability, age, or other condition requiring custodial care.	42

(4) "Public office" has the same meaning as in section	43
149.011 of the Revised Code.	44

(C) All meetings of any public body are declared to be public	45
meetings open to the public at all times. A member of a public	46
body shall be present in person at a meeting open to the public to	47
be considered present or to vote at the meeting and for purposes	48
of determining whether a quorum is present at the meeting.	49

The minutes of a regular or special meeting of any public	50
body shall be promptly prepared, filed, and maintained and shall	51
be open to public inspection. The minutes need only reflect the	52
general subject matter of discussions in executive sessions	53
authorized under division (G) or (J) of this section.	54

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

55

(1) A grand jury;

56

(2) An audit conference conducted by the auditor of state or	57
independent certified public accountants with officials of the	58
public office that is the subject of the audit;	59

(3) The adult parole authority when its hearings are	60
conducted at a correctional institution for the sole purpose of	61
interviewing inmates to determine parole or pardon;	62

(4) The organized crime investigations commission established	63
under section 177.01 of the Revised Code;	64

(5) Meetings of a child fatality review board established	65
under section 307.621 of the Revised Code and meetings conducted	66
pursuant to sections 5153.171 to 5153.173 of the Revised Code;	67

(6) The state medical board when determining whether to	68
suspend a certificate without a prior hearing pursuant to division	69
(G) of either section 4730.25 or 4731.22 of the Revised Code;	70

(7) The board of nursing when determining whether to suspend	71
a license or certificate without a prior hearing pursuant to	72
division (B) of section 4723.281 of the Revised Code;	73

(8) The state board of pharmacy when determining whether to	74
suspend a license without a prior hearing pursuant to division (D)	75
of section 4729.16 of the Revised Code;	76

(9) The state chiropractic board when determining whether to	77
suspend a license without a hearing pursuant to section 4734.37 of	78
the Revised Code.	79

(10) The executive committee of the emergency response	80
commission when determining whether to issue an enforcement order	81
or request that a civil action, civil penalty action, or criminal	82
action be brought to enforce Chapter 3750. of the Revised Code.	83

(E) The controlling board, the development financing advisory	84
council, the industrial technology and enterprise advisory	85
council, the tax credit authority, or the minority development	86
financing advisory board, when meeting to consider granting	87
assistance pursuant to Chapter 122. or 166. of the Revised Code,	88
in order to protect the interest of the applicant or the possible	89
investment of public funds, by unanimous vote of all board,	90
council, or authority members present, may close the meeting	91
during consideration of the following information confidentially	92
received by the authority, council, or board from the applicant:	93

(1) Marketing plans;

94

(2) Specific business strategy;

95

(3) Production techniques and trade secrets;

96

(4) Financial projections;

97

(5) Personal financial statements of the applicant or members	98
of the applicant's immediate family, including, but not limited	99
to, tax records or other similar information not open to public	100
inspection.	101

The vote by the authority, council, or board to accept or	102
reject the application, as well as all proceedings of the	103
authority, council, or board not subject to this division, shall	104
be open to the public and governed by this section.	105

(F) Every public body, by rule, shall establish a reasonable	106
method whereby any person may determine the time and place of all	107
regularly scheduled meetings and the time, place, and purpose of	108
all special meetings. A public body shall not hold a special	109
meeting unless it gives at least twenty-four hours' advance notice	110
to the news media that have requested notification, except in the	111
event of an emergency requiring immediate official action. In the	112
event of an emergency, the member or members calling the meeting	113
shall notify the news media that have requested notification	114
immediately of the time, place, and purpose of the meeting.	115

The rule shall provide that any person, upon request and	116
payment of a reasonable fee, may obtain reasonable advance	117
notification of all meetings at which any specific type of public	118
business is to be discussed. Provisions for advance notification	119
may include, but are not limited to, mailing the agenda of	120
meetings to all subscribers on a mailing list or mailing notices	121
in self-addressed, stamped envelopes provided by the person.	122

(G) Except as provided in division (J) of this section, the	123
members of a public body may hold an executive session only after	124
a majority of a quorum of the public body determines, by a roll	125
call vote, to hold an executive session and only at a regular or	126
special meeting for the sole purpose of the consideration of any	127
of the following matters:	128

(1) To consider the appointment, employment, dismissal,	129
discipline, promotion, demotion, or compensation of a public	130
employee or official, or the investigation of charges or	131
complaints against a public employee, official, licensee, or	132
regulated individual, unless the public employee, official,	133
licensee, or regulated individual requests a public hearing.	134
Except as otherwise provided by law, no public body shall hold an	135
executive session for the discipline of an elected official for	136
conduct related to the performance of the elected official's	137
official duties or for the elected official's removal from office.	138
If a public body holds an executive session pursuant to division	139
(G)(1) of this section, the motion and vote to hold that executive	140
session shall state which one or more of the approved purposes	141
listed in division (G)(1) of this section are the purposes for	142
which the executive session is to be held, but need not include	143
the name of any person to be considered at the meeting.	144

(2) To consider the purchase of property for public purposes,	145
or for the sale of property at competitive bidding, if premature	146
disclosure of information would give an unfair competitive or	147
bargaining advantage to a person whose personal, private interest	148
is adverse to the general public interest. No member of a public	149
body shall use division (G)(2) of this section as a subterfuge for	150
providing covert information to prospective buyers or sellers. A	151
purchase or sale of public property is void if the seller or buyer	152
of the public property has received covert information from a	153
member of a public body that has not been disclosed to the general	154
public in sufficient time for other prospective buyers and sellers	155
to prepare and submit offers.	156

If the minutes of the public body show that all meetings and	157
deliberations of the public body have been conducted in compliance	158
with this section, any instrument executed by the public body	159
purporting to convey, lease, or otherwise dispose of any right,	160
title, or interest in any public property shall be conclusively	161
presumed to have been executed in compliance with this section	162
insofar as title or other interest of any bona fide purchasers,	163
lessees, or transferees of the property is concerned.	164

(3) Conferences with an attorney for the public body	165
concerning disputes involving the public body that are the subject	166
of pending or imminent court action;	167

(4) Preparing for, conducting, or reviewing negotiations or	168
bargaining sessions with public employees concerning their	169
compensation or other terms and conditions of their employment;	170

(5) Matters required to be kept confidential by federal law	171
or regulations or state statutes;	172

(6) Details relative to the security arrangements and	173
emergency response protocols for a public body or a public office,	174
if disclosure of the matters discussed could reasonably be	175
expected to jeopardize the security of the public body or public	176
office;	177

(7) In the case of a county hospital operated pursuant to	178
Chapter 339. of the Revised Code, a joint township hospital	179
operated pursuant to Chapter 513. of the Revised Code, or a	180
municipal hospital operated pursuant to Chapter 749. of the	181
Revised Code, to consider trade secrets, as defined in section	182
1333.61 of the Revised Code.	183

If a public body holds an executive session to consider any	184
of the matters listed in divisions (G)(2) to (7) of this section,	185
the motion and vote to hold that executive session shall state	186
which one or more of the approved matters listed in those	187
divisions are to be considered at the executive session.	188

A public body specified in division (B)(1)(c) of this section	189
shall not hold an executive session when meeting for the purposes	190
specified in that division.	191

(H) A resolution, rule, or formal action of any kind is	192
invalid unless adopted in an open meeting of the public body. A	193
resolution, rule, or formal action adopted in an open meeting that	194
results from deliberations in a meeting not open to the public is	195
invalid unless the deliberations were for a purpose specifically	196
authorized in division (G) or (J) of this section and conducted at	197
an executive session held in compliance with this section. A	198
resolution, rule, or formal action adopted in an open meeting is	199
invalid if the public body that adopted the resolution, rule, or	200
formal action violated division (F) of this section.	201

(I)(1) Any person may bring an action to enforce this	202
section. An action under division (I)(1) of this section shall be	203
brought within two years after the date of the alleged violation	204
or threatened violation. Upon proof of a violation or threatened	205
violation of this section in an action brought by any person, the	206
court of common pleas shall issue an injunction to compel the	207
members of the public body to comply with its provisions.	208

(2)(a) If the court of common pleas issues an injunction	209
pursuant to division (I)(1) of this section, the court shall order	210
the public body that it enjoins to pay a civil forfeiture of five	211
hundred dollars to the party that sought the injunction and shall	212
award to that party all court costs and, subject to reduction as	213
described in division (I)(2) of this section, reasonable	214
attorney's fees. The court, in its discretion, may reduce an award	215
of attorney's fees to the party that sought the injunction or not	216
award attorney's fees to that party if the court determines both	217
of the following:	218

(i) That, based on the ordinary application of statutory law	219
and case law as it existed at the time of violation or threatened	220
violation that was the basis of the injunction, a well-informed	221
public body reasonably would believe that the public body was not	222
violating or threatening to violate this section;	223

(ii) That a well-informed public body reasonably would	224
believe that the conduct or threatened conduct that was the basis	225
of the injunction would serve the public policy that underlies the	226
authority that is asserted as permitting that conduct or	227
threatened conduct.	228

(b) If the court of common pleas does not issue an injunction	229
pursuant to division (I)(1) of this section and the court	230
determines at that time that the bringing of the action was	231
frivolous conduct, as defined in division (A) of section 2323.51	232
of the Revised Code, the court shall award to the public body all	233
court costs and reasonable attorney's fees, as determined by the	234
court.	235

(3) Irreparable harm and prejudice to the party that sought	236
the injunction shall be conclusively and irrebuttably presumed	237
upon proof of a violation or threatened violation of this section.	238

(4) A member of a public body who knowingly violates an	239
injunction issued pursuant to division (I)(1) of this section may	240
be removed from office by an action brought in the court of common	241
pleas for that purpose by the prosecuting attorney or the attorney	242
general.	243

(J)(1) Pursuant to division (C) of section 5901.09 of the	244
Revised Code, a veterans service commission shall hold an	245
executive session for one or more of the following purposes unless	246
an applicant requests a public hearing:	247

(a) Interviewing an applicant for financial assistance under	248
sections 5901.01 to 5901.15 of the Revised Code;	249

(b) Discussing applications, statements, and other documents	250
described in division (B) of section 5901.09 of the Revised Code;	251

(c) Reviewing matters relating to an applicant's request for	252
financial assistance under sections 5901.01 to 5901.15 of the	253
Revised Code.	254

(2) A veterans service commission shall not exclude an	255
applicant for, recipient of, or former recipient of financial	256
assistance under sections 5901.01 to 5901.15 of the Revised Code,	257
and shall not exclude representatives selected by the applicant,	258
recipient, or former recipient, from a meeting that the commission	259
conducts as an executive session that pertains to the applicant's,	260
recipient's, or former recipient's application for financial	261
assistance.	262

(3) A veterans service commission shall vote on the grant or	263
denial of financial assistance under sections 5901.01 to 5901.15	264
of the Revised Code only in an open meeting of the commission. The	265
minutes of the meeting shall indicate the name, address, and	266
occupation of the applicant, whether the assistance was granted or	267
denied, the amount of the assistance if assistance is granted, and	268
the votes for and against the granting of assistance.	269

(K) The meetings of the governing board of a corporation or	270
other person that enters into a public-private partnership, as	271
defined in division (G) of section 149.43 of the Revised Code, are	272
public meetings subject to the requirements of this section,	273
notwithstanding any other law to the contrary that may	274
specifically apply to such a governing board.	275

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

276

(1) "Public record" means records kept by any public office,	277
including, but not limited to, state, county, city, village,	278
township, and school district units, and records pertaining to the	279
delivery of educational services by an alternative school in this	280
state kept by the nonprofit or for-profit entity operating the	281
alternative school pursuant to section 3313.533 of the Revised	282
Code. "Public record" does not mean any of the following:	283

(a) Medical records;

284

(b) Records pertaining to probation and parole proceedings or	285
to proceedings related to the imposition of community control	286
sanctions and post-release control sanctions;	287

(c) Records pertaining to actions under section 2151.85 and	288
division (C) of section 2919.121 of the Revised Code and to	289
appeals of actions arising under those sections;	290

(d) Records pertaining to adoption proceedings, including the	291
contents of an adoption file maintained by the department of	292
health under section 3705.12 of the Revised Code;	293

(e) Information in a record contained in the putative father	294
registry established by section 3107.062 of the Revised Code,	295
regardless of whether the information is held by the department of	296
job and family services or, pursuant to section 3111.69 of the	297
Revised Code, the office of child support in the department or a	298
child support enforcement agency;	299

(f) Records listed in division (A) of section 3107.42 of the	300
Revised Code or specified in division (A) of section 3107.52 of	301
the Revised Code;	302

(g) Trial preparation records;

303

(h) Confidential law enforcement investigatory records;

304

(i) Records containing information that is confidential under	305
section 2710.03 or 4112.05 of the Revised Code;	306

(j) DNA records stored in the DNA database pursuant to	307
section 109.573 of the Revised Code;	308

(k) Inmate records released by the department of	309
rehabilitation and correction to the department of youth services	310
or a court of record pursuant to division (E) of section 5120.21	311
of the Revised Code;	312

(l) Records maintained by the department of youth services	313
pertaining to children in its custody released by the department	314
of youth services to the department of rehabilitation and	315
correction pursuant to section 5139.05 of the Revised Code;	316

(m) Intellectual property records;

317

(n) Donor profile records;

318

(o) Records maintained by the department of job and family	319
services pursuant to section 3121.894 of the Revised Code;	320

(p) Peace officer, parole officer, prosecuting attorney,	321
assistant prosecuting attorney, correctional employee, youth	322
services employee, firefighter, EMT, or investigator of the bureau	323
of criminal identification and investigation residential and	324
familial information;	325

(q) In the case of a county hospital operated pursuant to	326
Chapter 339. of the Revised Code or a municipal hospital operated	327
pursuant to Chapter 749. of the Revised Code, information that	328
constitutes a trade secret, as defined in section 1333.61 of the	329
Revised Code;	330

(r) Information pertaining to the recreational activities of	331
a person under the age of eighteen;	332

(s) Records provided to, statements made by review board	333
members during meetings of, and all work products of a child	334
fatality review board acting under sections 307.621 to 307.629 of	335
the Revised Code, and child fatality review data submitted by the	336
child fatality review board to the department of health or a	337
national child death review database, other than the report	338
prepared pursuant to division (A) of section 307.626 of the	339
Revised Code;	340

(t) Records provided to and statements made by the executive	341
director of a public children services agency or a prosecuting	342
attorney acting pursuant to section 5153.171 of the Revised Code	343
other than the information released under that section;	344

(u) Test materials, examinations, or evaluation tools used in	345
an examination for licensure as a nursing home administrator that	346
the board of examiners of nursing home administrators administers	347
under section 4751.04 of the Revised Code or contracts under that	348
section with a private or government entity to administer;	349

(v) Records the release of which is prohibited by state or	350
federal law;	351

(w) Proprietary information of or relating to any person that	352
is submitted to or compiled by the Ohio venture capital authority	353
created under section 150.01 of the Revised Code;	354

(x) Information reported and evaluations conducted pursuant	355
to section 3701.072 of the Revised Code;	356

(y) Financial statements and data any person submits for any	357
purpose to the Ohio housing finance agency or the controlling	358
board in connection with applying for, receiving, or accounting	359
for financial assistance from the agency, and information that	360
identifies any individual who benefits directly or indirectly from	361
financial assistance from the agency;	362

(z) Records listed in section 5101.29 of the Revised Code.

363

(aa) Discharges recorded with a county recorder under section	364
317.24 of the Revised Code, as specified in division (B)(2) of	365
that section.	366

(2) "Confidential law enforcement investigatory record" means	367
any record that pertains to a law enforcement matter of a	368
criminal, quasi-criminal, civil, or administrative nature, but	369
only to the extent that the release of the record would create a	370
high probability of disclosure of any of the following:	371

(a) The identity of a suspect who has not been charged with	372
the offense to which the record pertains, or of an information	373
source or witness to whom confidentiality has been reasonably	374
promised;	375

(b) Information provided by an information source or witness	376
to whom confidentiality has been reasonably promised, which	377
information would reasonably tend to disclose the source's or	378
witness's identity;	379

(c) Specific confidential investigatory techniques or	380
procedures or specific investigatory work product;	381

(d) Information that would endanger the life or physical	382
safety of law enforcement personnel, a crime victim, a witness, or	383
a confidential information source.	384

(3) "Medical record" means any document or combination of	385
documents, except births, deaths, and the fact of admission to or	386
discharge from a hospital, that pertains to the medical history,	387
diagnosis, prognosis, or medical condition of a patient and that	388
is generated and maintained in the process of medical treatment.	389

(4) "Trial preparation record" means any record that contains	390
information that is specifically compiled in reasonable	391
anticipation of, or in defense of, a civil or criminal action or	392
proceeding, including the independent thought processes and	393
personal trial preparation of an attorney.	394

(5) "Intellectual property record" means a record, other than	395
a financial or administrative record, that is produced or	396
collected by or for faculty or staff of a state institution of	397
higher learning in the conduct of or as a result of study or	398
research on an educational, commercial, scientific, artistic,	399
technical, or scholarly issue, regardless of whether the study or	400
research was sponsored by the institution alone or in conjunction	401
with a governmental body or private concern, and that has not been	402
publicly released, published, or patented.	403

(6) "Donor profile record" means all records about donors or	404
potential donors to a public institution of higher education	405
except the names and reported addresses of the actual donors and	406
the date, amount, and conditions of the actual donation.	407

(7) "Peace officer, parole officer, prosecuting attorney,	408
assistant prosecuting attorney, correctional employee, youth	409
services employee, firefighter, EMT, or investigator of the bureau	410
of criminal identification and investigation residential and	411
familial information" means any information that discloses any of	412
the following about a peace officer, parole officer, prosecuting	413
attorney, assistant prosecuting attorney, correctional employee,	414
youth services employee, firefighter, EMT, or investigator of the	415
bureau of criminal identification and investigation:	416

(a) The address of the actual personal residence of a peace	417
officer, parole officer, assistant prosecuting attorney,	418
correctional employee, youth services employee, firefighter, EMT,	419
or an investigator of the bureau of criminal identification and	420
investigation, except for the state or political subdivision in	421
which the peace officer, parole officer, assistant prosecuting	422
attorney, correctional employee, youth services employee,	423
firefighter, EMT, or investigator of the bureau of criminal	424
identification and investigation resides;	425

(b) Information compiled from referral to or participation in	426
an employee assistance program;	427

(c) The social security number, the residential telephone	428
number, any bank account, debit card, charge card, or credit card	429
number, or the emergency telephone number of, or any medical	430
information pertaining to, a peace officer, parole officer,	431
prosecuting attorney, assistant prosecuting attorney, correctional	432
employee, youth services employee, firefighter, EMT, or	433
investigator of the bureau of criminal identification and	434
investigation;	435

(d) The name of any beneficiary of employment benefits,	436
including, but not limited to, life insurance benefits, provided	437
to a peace officer, parole officer, prosecuting attorney,	438
assistant prosecuting attorney, correctional employee, youth	439
services employee, firefighter, EMT, or investigator of the bureau	440
of criminal identification and investigation by the peace	441
officer's, parole officer's, prosecuting attorney's, assistant	442
prosecuting attorney's, correctional employee's, youth services	443
employee's, firefighter's, EMT's, or investigator of the bureau of	444
criminal identification and investigation's employer;	445

(e) The identity and amount of any charitable or employment	446
benefit deduction made by the peace officer's, parole officer's,	447
prosecuting attorney's, assistant prosecuting attorney's,	448
correctional employee's, youth services employee's, firefighter's,	449
EMT's, or investigator of the bureau of criminal identification	450
and investigation's employer from the peace officer's, parole	451
officer's, prosecuting attorney's, assistant prosecuting	452
attorney's, correctional employee's, youth services employee's,	453
firefighter's, EMT's, or investigator of the bureau of criminal	454
identification and investigation's compensation unless the amount	455
of the deduction is required by state or federal law;	456

(f) The name, the residential address, the name of the	457
employer, the address of the employer, the social security number,	458
the residential telephone number, any bank account, debit card,	459
charge card, or credit card number, or the emergency telephone	460
number of the spouse, a former spouse, or any child of a peace	461
officer, parole officer, prosecuting attorney, assistant	462
prosecuting attorney, correctional employee, youth services	463
employee, firefighter, EMT, or investigator of the bureau of	464
criminal identification and investigation;	465

(g) A photograph of a peace officer who holds a position or	466
has an assignment that may include undercover or plain clothes	467
positions or assignments as determined by the peace officer's	468
appointing authority.	469

As used in divisions (A)(7) and (B)(9) of this section,	470
"peace officer" has the same meaning as in section 109.71 of the	471
Revised Code and also includes the superintendent and troopers of	472
the state highway patrol; it does not include the sheriff of a	473
county or a supervisory employee who, in the absence of the	474
sheriff, is authorized to stand in for, exercise the authority of,	475
and perform the duties of the sheriff.	476

As used in divisions (A)(7) and (B)(5) of this section,	477
"correctional employee" means any employee of the department of	478
rehabilitation and correction who in the course of performing the	479
employee's job duties has or has had contact with inmates and	480
persons under supervision.	481

As used in divisions (A)(7) and (B)(5) of this section,	482
"youth services employee" means any employee of the department of	483
youth services who in the course of performing the employee's job	484
duties has or has had contact with children committed to the	485
custody of the department of youth services.	486

As used in divisions (A)(7) and (B)(9) of this section,	487
"firefighter" means any regular, paid or volunteer, member of a	488
lawfully constituted fire department of a municipal corporation,	489
township, fire district, or village.	490

As used in divisions (A)(7) and (B)(9) of this section, "EMT"	491
means EMTs-basic, EMTs-I, and paramedics that provide emergency	492
medical services for a public emergency medical service	493
organization. "Emergency medical service organization,"	494
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in	495
section 4765.01 of the Revised Code.	496

As used in divisions (A)(7) and (B)(9) of this section,	497
"investigator of the bureau of criminal identification and	498
investigation" has the meaning defined in section 2903.11 of the	499
Revised Code.	500

(8) "Information pertaining to the recreational activities of	501
a person under the age of eighteen" means information that is kept	502
in the ordinary course of business by a public office, that	503
pertains to the recreational activities of a person under the age	504
of eighteen years, and that discloses any of the following:	505

(a) The address or telephone number of a person under the age	506
of eighteen or the address or telephone number of that person's	507
parent, guardian, custodian, or emergency contact person;	508

(b) The social security number, birth date, or photographic	509
image of a person under the age of eighteen;	510

(c) Any medical record, history, or information pertaining to	511
a person under the age of eighteen;	512

(d) Any additional information sought or required about a	513
person under the age of eighteen for the purpose of allowing that	514
person to participate in any recreational activity conducted or	515
sponsored by a public office or to use or obtain admission	516
privileges to any recreational facility owned or operated by a	517
public office.	518

(9) "Community control sanction" has the same meaning as in	519
section 2929.01 of the Revised Code.	520

(10) "Post-release control sanction" has the same meaning as	521
in section 2967.01 of the Revised Code.	522

(11) "Redaction" means obscuring or deleting any information	523
that is exempt from the duty to permit public inspection or	524
copying from an item that otherwise meets the definition of a	525
"record" in section 149.011 of the Revised Code.	526

(12) "Designee" and "elected official" have the same meanings	527
as in section 109.43 of the Revised Code.	528

(B)(1) Upon request and subject to division (B)(8) of this	529
section, all public records responsive to the request shall be	530
promptly prepared and made available for inspection to any person	531
at all reasonable times during regular business hours. Subject to	532
division (B)(8) of this section, upon request, a public office or	533
person responsible for public records shall make copies of the	534
requested public record available at cost and within a reasonable	535
period of time. If a public record contains information that is	536
exempt from the duty to permit public inspection or to copy the	537
public record, the public office or the person responsible for the	538
public record shall make available all of the information within	539
the public record that is not exempt. When making that public	540
record available for public inspection or copying that public	541
record, the public office or the person responsible for the public	542
record shall notify the requester of any redaction or make the	543
redaction plainly visible. A redaction shall be deemed a denial of	544
a request to inspect or copy the redacted information, except if	545
federal or state law authorizes or requires a public office to	546
make the redaction.	547

(2) To facilitate broader access to public records, a public	548
office or the person responsible for public records shall organize	549
and maintain public records in a manner that they can be made	550
available for inspection or copying in accordance with division	551
(B) of this section. A public office also shall have available a	552
copy of its current records retention schedule at a location	553
readily available to the public. If a requester makes an ambiguous	554
or overly broad request or has difficulty in making a request for	555
copies or inspection of public records under this section such	556
that the public office or the person responsible for the requested	557
public record cannot reasonably identify what public records are	558
being requested, the public office or the person responsible for	559
the requested public record may deny the request but shall provide	560
the requester with an opportunity to revise the request by	561
informing the requester of the manner in which records are	562
maintained by the public office and accessed in the ordinary	563
course of the public office's or person's duties.	564

(3) If a request is ultimately denied, in part or in whole,	565
the public office or the person responsible for the requested	566
public record shall provide the requester with an explanation,	567
including legal authority, setting forth why the request was	568
denied. If the initial request was provided in writing, the	569
explanation also shall be provided to the requester in writing.	570
The explanation shall not preclude the public office or the person	571
responsible for the requested public record from relying upon	572
additional reasons or legal authority in defending an action	573
commenced under division (C) of this section.	574

(4) Unless specifically required or authorized by state or	575
federal law or in accordance with division (B) of this section, no	576
public office or person responsible for public records may limit	577
or condition the availability of public records by requiring	578
disclosure of the requester's identity or the intended use of the	579
requested public record. Any requirement that the requester	580
disclose the requestor's identity or the intended use of the	581
requested public record constitutes a denial of the request.	582

(5) A public office or person responsible for public records	583
may ask a requester to make the request in writing, may ask for	584
the requester's identity, and may inquire about the intended use	585
of the information requested, but may do so only after disclosing	586
to the requester that a written request is not mandatory and that	587
the requester may decline to reveal the requester's identity or	588
the intended use and when a written request or disclosure of the	589
identity or intended use would benefit the requester by enhancing	590
the ability of the public office or person responsible for public	591
records to identify, locate, or deliver the public records sought	592
by the requester.	593

(6) If any person chooses to obtain a copy of a public record	594
in accordance with division (B) of this section, the public office	595
or person responsible for the public record may require that	596
person to pay in advance the cost involved in providing the copy	597
of the public record in accordance with the choice made by the	598
person seeking the copy under this division. The public office or	599
the person responsible for the public record shall permit that	600
person to choose to have the public record duplicated upon paper,	601
upon the same medium upon which the public office or person	602
responsible for the public record keeps it, or upon any other	603
medium upon which the public office or person responsible for the	604
public record determines that it reasonably can be duplicated as	605
an integral part of the normal operations of the public office or	606
person responsible for the public record. When the person seeking	607
the copy makes a choice under this division, the public office or	608
person responsible for the public record shall provide a copy of	609
it in accordance with the choice made by the person seeking the	610
copy. Nothing in this section requires a public office or person	611
responsible for the public record to allow the person seeking a	612
copy of the public record to make the copies of the public record.	613

(7) Upon a request made in accordance with division (B) of	614
this section and subject to division (B)(6) of this section, a	615
public office or person responsible for public records shall	616
transmit a copy of a public record to any person by United States	617
mail or by any other means of delivery or transmission within a	618
reasonable period of time after receiving the request for the	619
copy. The public office or person responsible for the public	620
record may require the person making the request to pay in advance	621
the cost of postage if the copy is transmitted by United States	622
mail or the cost of delivery if the copy is transmitted other than	623
by United States mail, and to pay in advance the costs incurred	624
for other supplies used in the mailing, delivery, or transmission.	625

Any public office may adopt a policy and procedures that it	626
will follow in transmitting, within a reasonable period of time	627
after receiving a request, copies of public records by United	628
States mail or by any other means of delivery or transmission	629
pursuant to this division. A public office that adopts a policy	630
and procedures under this division shall comply with them in	631
performing its duties under this division.	632

In any policy and procedures adopted under this division, a	633
public office may limit the number of records requested by a	634
person that the office will transmit by United States mail to ten	635
per month, unless the person certifies to the office in writing	636
that the person does not intend to use or forward the requested	637
records, or the information contained in them, for commercial	638
purposes. For purposes of this division, "commercial" shall be	639
narrowly construed and does not include reporting or gathering	640
news, reporting or gathering information to assist citizen	641
oversight or understanding of the operation or activities of	642
government, or nonprofit educational research.	643

(8) A public office or person responsible for public records	644
is not required to permit a person who is incarcerated pursuant to	645
a criminal conviction or a juvenile adjudication to inspect or to	646
obtain a copy of any public record concerning a criminal	647
investigation or prosecution or concerning what would be a	648
criminal investigation or prosecution if the subject of the	649
investigation or prosecution were an adult, unless the request to	650
inspect or to obtain a copy of the record is for the purpose of	651
acquiring information that is subject to release as a public	652
record under this section and the judge who imposed the sentence	653
or made the adjudication with respect to the person, or the	654
judge's successor in office, finds that the information sought in	655
the public record is necessary to support what appears to be a	656
justiciable claim of the person.	657

(9) Upon written request made and signed by a journalist on	658
or after December 16, 1999, a public office, or person responsible	659
for public records, having custody of the records of the agency	660
employing a specified peace officer, parole officer, prosecuting	661
attorney, assistant prosecuting attorney, correctional employee,	662
youth services employee, firefighter, EMT, or investigator of the	663
bureau of criminal identification and investigation shall disclose	664
to the journalist the address of the actual personal residence of	665
the peace officer, parole officer, prosecuting attorney, assistant	666
prosecuting attorney, correctional employee, youth services	667
employee, firefighter, EMT, or investigator of the bureau of	668
criminal identification and investigation and, if the peace	669
officer's, parole officer's, prosecuting attorney's, assistant	670
prosecuting attorney's, correctional employee's, youth services	671
employee's, firefighter's, EMT's, or investigator of the bureau of	672
criminal identification and investigation's spouse, former spouse,	673
or child is employed by a public office, the name and address of	674
the employer of the peace officer's, parole officer's, prosecuting	675
attorney's, assistant prosecuting attorney's, correctional	676
employee's, youth services employee's, firefighter's, EMT's, or	677
investigator of the bureau of criminal identification and	678
investigation's spouse, former spouse, or child. The request shall	679
include the journalist's name and title and the name and address	680
of the journalist's employer and shall state that disclosure of	681
the information sought would be in the public interest.	682

As used in this division, "journalist" means a person engaged	683
in, connected with, or employed by any news medium, including a	684
newspaper, magazine, press association, news agency, or wire	685
service, a radio or television station, or a similar medium, for	686
the purpose of gathering, processing, transmitting, compiling,	687
editing, or disseminating information for the general public.	688

(C)(1) If a person allegedly is aggrieved by the failure of a	689
public office or the person responsible for public records to	690
promptly prepare a public record and to make it available to the	691
person for inspection in accordance with division (B) of this	692
section or by any other failure of a public office or the person	693
responsible for public records to comply with an obligation in	694
accordance with division (B) of this section, the person allegedly	695
aggrieved may commence a mandamus action to obtain a judgment that	696
orders the public office or the person responsible for the public	697
record to comply with division (B) of this section, that awards	698
court costs and reasonable attorney's fees to the person that	699
instituted the mandamus action, and, if applicable, that includes	700
an order fixing statutory damages under division (C)(1) of this	701
section. The mandamus action may be commenced in the court of	702
common pleas of the county in which division (B) of this section	703
allegedly was not complied with, in the supreme court pursuant to	704
its original jurisdiction under Section 2 of Article IV, Ohio	705
Constitution, or in the court of appeals for the appellate	706
district in which division (B) of this section allegedly was not	707
complied with pursuant to its original jurisdiction under Section	708
3 of Article IV, Ohio Constitution.	709

If a requestor transmits a written request by hand delivery	710
or certified mail to inspect or receive copies of any public	711
record in a manner that fairly describes the public record or	712
class of public records to the public office or person responsible	713
for the requested public records, except as otherwise provided in	714
this section, the requestor shall be entitled to recover the	715
amount of statutory damages set forth in this division if a court	716
determines that the public office or the person responsible for	717
public records failed to comply with an obligation in accordance	718
with division (B) of this section.	719

The amount of statutory damages shall be fixed at one hundred	720
dollars for each business day during which the public office or	721
person responsible for the requested public records failed to	722
comply with an obligation in accordance with division (B) of this	723
section, beginning with the day on which the requester files a	724
mandamus action to recover statutory damages, up to a maximum of	725
one thousand dollars. The award of statutory damages shall not be	726
construed as a penalty, but as compensation for injury arising	727
from lost use of the requested information. The existence of this	728
injury shall be conclusively presumed. The award of statutory	729
damages shall be in addition to all other remedies authorized by	730
this section.	731

The court may reduce an award of statutory damages or not	732
award statutory damages if the court determines both of the	733
following:	734

(a) That, based on the ordinary application of statutory law	735
and case law as it existed at the time of the conduct or	736
threatened conduct of the public office or person responsible for	737
the requested public records that allegedly constitutes a failure	738
to comply with an obligation in accordance with division (B) of	739
this section and that was the basis of the mandamus action, a	740
well-informed public office or person responsible for the	741
requested public records reasonably would believe that the conduct	742
or threatened conduct of the public office or person responsible	743
for the requested public records did not constitute a failure to	744
comply with an obligation in accordance with division (B) of this	745
section;	746

(b) That a well-informed public office or person responsible	747
for the requested public records reasonably would believe that the	748
conduct or threatened conduct of the public office or person	749
responsible for the requested public records would serve the	750
public policy that underlies the authority that is asserted as	751
permitting that conduct or threatened conduct.	752

(2)(a) If the court issues a writ of mandamus that orders the	753
public office or the person responsible for the public record to	754
comply with division (B) of this section and determines that the	755
circumstances described in division (C)(1) of this section exist,	756
the court shall determine and award to the relator all court	757
costs.	758

(b) If the court renders a judgment that orders the public	759
office or the person responsible for the public record to comply	760
with division (B) of this section, the court may award reasonable	761
attorney's fees subject to reduction as described in division	762
(C)(2)(c) of this section. The court shall award reasonable	763
attorney's fees, subject to reduction as described in division	764
(C)(2)(c) of this section when either of the following applies:	765

(i) The public office or the person responsible for the	766
public records failed to respond affirmatively or negatively to	767
the public records request in accordance with the time allowed	768
under division (B) of this section.	769

(ii) The public office or the person responsible for the	770
public records promised to permit the relator to inspect or	771
receive copies of the public records requested within a specified	772
period of time but failed to fulfill that promise within that	773
specified period of time.	774

(c) Court costs and reasonable attorney's fees awarded under	775
this section shall be construed as remedial and not punitive.	776
Reasonable attorney's fees shall include reasonable fees incurred	777
to produce proof of the reasonableness and amount of the fees and	778
to otherwise litigate entitlement to the fees. The court may	779
reduce an award of attorney's fees to the relator or not award	780
attorney's fees to the relator if the court determines both of the	781
following:	782

(i) That, based on the ordinary application of statutory law	783
and case law as it existed at the time of the conduct or	784
threatened conduct of the public office or person responsible for	785
the requested public records that allegedly constitutes a failure	786
to comply with an obligation in accordance with division (B) of	787
this section and that was the basis of the mandamus action, a	788
well-informed public office or person responsible for the	789
requested public records reasonably would believe that the conduct	790
or threatened conduct of the public office or person responsible	791
for the requested public records did not constitute a failure to	792
comply with an obligation in accordance with division (B) of this	793
section;	794

(ii) That a well-informed public office or person responsible	795
for the requested public records reasonably would believe that the	796
conduct or threatened conduct of the public office or person	797
responsible for the requested public records as described in	798
division (C)(2)(c)(i) of this section would serve the public	799
policy that underlies the authority that is asserted as permitting	800
that conduct or threatened conduct.	801

(D) Chapter 1347. of the Revised Code does not limit the	802
provisions of this section.	803

(E)(1) To ensure that all employees of public offices are	804
appropriately educated about a public office's obligations under	805
division (B) of this section, all elected officials or their	806
appropriate designees shall attend training approved by the	807
attorney general as provided in section 109.43 of the Revised	808
Code. In addition, all public offices shall adopt a public records	809
policy in compliance with this section for responding to public	810
records requests. In adopting a public records policy under this	811
division, a public office may obtain guidance from the model	812
public records policy developed and provided to the public office	813
by the attorney general under section 109.43 of the Revised Code.	814
Except as otherwise provided in this section, the policy may not	815
limit the number of public records that the public office will	816
make available to a single person, may not limit the number of	817
public records that it will make available during a fixed period	818
of time, and may not establish a fixed period of time before it	819
will respond to a request for inspection or copying of public	820
records, unless that period is less than eight hours.	821

(2) The public office shall distribute the public records	822
policy adopted by the public office under division (E)(1) of this	823
section to the employee of the public office who is the records	824
custodian or records manager or otherwise has custody of the	825
records of that office. The public office shall require that	826
employee to acknowledge receipt of the copy of the public records	827
policy. The public office shall create a poster that describes its	828
public records policy and shall post the poster in a conspicuous	829
place in the public office and in all locations where the public	830
office has branch offices. The public office may post its public	831
records policy on the internet web site of the public office if	832
the public office maintains an internet web site. A public office	833
that has established a manual or handbook of its general policies	834
and procedures for all employees of the public office shall	835
include the public records policy of the public office in the	836
manual or handbook.	837

(F)(1) The bureau of motor vehicles may adopt rules pursuant	838
to Chapter 119. of the Revised Code to reasonably limit the number	839
of bulk commercial special extraction requests made by a person	840
for the same records or for updated records during a calendar	841
year. The rules may include provisions for charges to be made for	842
bulk commercial special extraction requests for the actual cost of	843
the bureau, plus special extraction costs, plus ten per cent. The	844
bureau may charge for expenses for redacting information, the	845
release of which is prohibited by law.	846

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

847

(a) "Actual cost" means the cost of depleted supplies,	848
records storage media costs, actual mailing and alternative	849
delivery costs, or other transmitting costs, and any direct	850
equipment operating and maintenance costs, including actual costs	851
paid to private contractors for copying services.	852

(b) "Bulk commercial special extraction request" means a	853
request for copies of a record for information in a format other	854
than the format already available, or information that cannot be	855
extracted without examination of all items in a records series,	856
class of records, or data base by a person who intends to use or	857
forward the copies for surveys, marketing, solicitation, or resale	858
for commercial purposes. "Bulk commercial special extraction	859
request" does not include a request by a person who gives	860
assurance to the bureau that the person making the request does	861
not intend to use or forward the requested copies for surveys,	862
marketing, solicitation, or resale for commercial purposes.	863

(c) "Commercial" means profit-seeking production, buying, or	864
selling of any good, service, or other product.	865

(d) "Special extraction costs" means the cost of the time	866
spent by the lowest paid employee competent to perform the task,	867
the actual amount paid to outside private contractors employed by	868
the bureau, or the actual cost incurred to create computer	869
programs to make the special extraction. "Special extraction	870
costs" include any charges paid to a public agency for computer or	871
records services.	872

(3) For purposes of divisions (F)(1) and (2) of this section,	873
"surveys, marketing, solicitation, or resale for commercial	874
purposes" shall be narrowly construed and does not include	875
reporting or gathering news, reporting or gathering information to	876
assist citizen oversight or understanding of the operation or	877
activities of government, or nonprofit educational research.	878

(G) Records of a corporation or other person that enters into	879
a public-private partnership shall be public records for the	880
purposes of this section, notwithstanding any other law to the	881
contrary that may specifically apply to such a corporation or	882
person. For the purpose of this division, "public-private	883
partnership" means a contractual relationship between a state	884
agency and a corporation or other person for the purpose of the	885
corporation or person assisting the agency in the exercise of any	886
or all of the powers, functions, or duties of the agency,	887
including the operation and management of the agency's programs,	888
offices, divisions, or boards.	889

Section 2. That existing sections 121.22 and 149.43 of the	890
Revised Code are hereby repealed.	891