Bill Text: OH HB324 | 2013-2014 | 130th General Assembly | Engrossed

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Bill Title: That is scheduled to take effect on March 20, 2015, to continue the provisions of this act on and after that effective date.

Spectrum: Moderate Partisan Bill (Republican 33-8)

Status: (Engrossed - Dead) 2014-11-25 - To State Government Oversight & Reform [HB324 Detail]

Download: Ohio-2013-HB324-Engrossed.html

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As Passed by the House

130th General Assembly Regular Session 2013-2014

Sub. H. B. No. 324

Representatives Duffey, Hagan, C. 

Cosponsors: Representatives Amstutz, Blair, Butler, Henne, Landis, Roegner, Schuring, Sears, Terhar, Bishoff, Hackett, Young, Brown, Adams, R., Beck, Blessing, Brenner, Buchy, Burkley, Curtin, Damschroder, Derickson, DeVitis, Dovilla, Green, Hagan, R., Maag, McClain, McGregor, Patterson, Pelanda, Pillich, Redfern, Retherford, Ruhl, Scherer, Sheehy, Thompson Speaker Batchelder 

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A BILL

To amend section 149.43 and to enact sections

1

117.432, 149.60, 149.62, and 149.65 of the Revised

2

Code to create the DataOhio Board, to specify

3

requirements for posting public records online, to

4

require the Auditor of State to adopt rules

5

regarding a uniform accounting system for public

6

offices, to establish an online catalog of public

7

data at data.Ohio.gov, to establish the Local

8

Government Information Exchange Grant Program, and

9

to amend the version of section 149.43 of the

10

Revised Code that is scheduled to take effect on

11

March 20, 2015, to continue the provisions of this

12

act on and after that effective date.

13

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

Section 1. That section 149.43 be amended and sections	14
117.432, 149.60, 149.62, and 149.65 of the Revised Code be enacted	15
to read as follows:	16

Sec. 117.432. (A) The general assembly recognizes that	17
government transparency requires a common language of definitions	18
for public information and that uniform accounting procedures and	19
charts of accounts improve financial management while maintaining	20
the principle of home rule over local matters. It is declared to	21
be a public purpose and function of the state to facilitate the	22
ability of the public easily to compare public data generated by	23
the state and other public offices using this common language.	24

(B) Within two years after the effective date of this	25
section, the auditor of state shall establish, by rule adopted	26
under Chapter 119. of the Revised Code, appropriate uniform	27
accounting procedures and charts of accounts that may be used by	28
all public offices. Public offices that maintain their financial	29
records in accordance with the rules established by the auditor of	30
state under this section shall be declared by the auditor to have	31
earned a "DataOhio Transparency Award-Uniformity of Accounting."	32

(C) Not later than four years after the effective date of	33
this section, the auditor of state shall submit to the general	34
assembly proposed legislation to establish uniform accounting	35
procedures and charts of accounts for all public offices. In doing	36
so, the auditor of state shall consider the experience of public	37
offices that have maintained their financial records in accordance	38
with the rules established under this section.	39

The auditor of state may designate existing uniform	40
accounting procedures or charts of accounts that satisfy the	41
requirements of division (B) or (C) of this section, or may	42
supplement or amend existing uniform accounting procedures or	43
charts of accounts to satisfy the requirements of division (B) or	44
(C) of this section.	45

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

46

(1) "Public record" means records kept by any public office,	47
including, but not limited to, state, county, city, village,	48
township, and school district units, and records pertaining to the	49
delivery of educational services by an alternative school in this	50
state kept by the nonprofit or for-profit entity operating the	51
alternative school pursuant to section 3313.533 of the Revised	52
Code. "Public record" does not mean any of the following:	53

(a) Medical records;

54

(b) Records pertaining to probation and parole proceedings or	55
to proceedings related to the imposition of community control	56
sanctions and post-release control sanctions;	57

(c) Records pertaining to actions under section 2151.85 and	58
division (C) of section 2919.121 of the Revised Code and to	59
appeals of actions arising under those sections;	60

(d) Records pertaining to adoption proceedings, including the	61
contents of an adoption file maintained by the department of	62
health under section 3705.12 of the Revised Code;	63

(e) Information in a record contained in the putative father	64
registry established by section 3107.062 of the Revised Code,	65
regardless of whether the information is held by the department of	66
job and family services or, pursuant to section 3111.69 of the	67
Revised Code, the office of child support in the department or a	68
child support enforcement agency;	69

(f) Records listed in division (A) of section 3107.42 of the	70
Revised Code or specified in division (A) of section 3107.52 of	71
the Revised Code;	72

(g) Trial preparation records;

73

(h) Confidential law enforcement investigatory records;

74

(i) Records containing information that is confidential under	75
section 2710.03 or 4112.05 of the Revised Code;	76

(j) DNA records stored in the DNA database pursuant to	77
section 109.573 of the Revised Code;	78

(k) Inmate records released by the department of	79
rehabilitation and correction to the department of youth services	80
or a court of record pursuant to division (E) of section 5120.21	81
of the Revised Code;	82

(l) Records maintained by the department of youth services	83
pertaining to children in its custody released by the department	84
of youth services to the department of rehabilitation and	85
correction pursuant to section 5139.05 of the Revised Code;	86

(m) Intellectual property records;

87

(n) Donor profile records;

88

(o) Records maintained by the department of job and family	89
services pursuant to section 3121.894 of the Revised Code;	90

(p) Peace officer, parole officer, probation officer,	91
bailiff, prosecuting attorney, assistant prosecuting attorney,	92
correctional employee, community-based correctional facility	93
employee, youth services employee, firefighter, EMT, or	94
investigator of the bureau of criminal identification and	95
investigation residential and familial information;	96

(q) In the case of a county hospital operated pursuant to	97
Chapter 339. of the Revised Code or a municipal hospital operated	98
pursuant to Chapter 749. of the Revised Code, information that	99
constitutes a trade secret, as defined in section 1333.61 of the	100
Revised Code;	101

(r) Information pertaining to the recreational activities of	102
a person under the age of eighteen;	103

(s) Records provided to, statements made by review board	104
members during meetings of, and all work products of a child	105
fatality review board acting under sections 307.621 to 307.629 of	106
the Revised Code, and child fatality review data submitted by the	107
child fatality review board to the department of health or a	108
national child death review database, other than the report	109
prepared pursuant to division (A) of section 307.626 of the	110
Revised Code;	111

(t) Records provided to and statements made by the executive	112
director of a public children services agency or a prosecuting	113
attorney acting pursuant to section 5153.171 of the Revised Code	114
other than the information released under that section;	115

(u) Test materials, examinations, or evaluation tools used in	116
an examination for licensure as a nursing home administrator that	117
the board of executives of long-term services and supports	118
administers under section 4751.04 of the Revised Code or contracts	119
under that section with a private or government entity to	120
administer;	121

(v) Records the release of which is prohibited by state or	122
federal law;	123

(w) Proprietary information of or relating to any person that	124
is submitted to or compiled by the Ohio venture capital authority	125
created under section 150.01 of the Revised Code;	126

(x) Financial statements and data any person submits for any	127
purpose to the Ohio housing finance agency or the controlling	128
board in connection with applying for, receiving, or accounting	129
for financial assistance from the agency, and information that	130
identifies any individual who benefits directly or indirectly from	131
financial assistance from the agency;	132

(y) Records listed in section 5101.29 of the Revised Code;

133

(z) Discharges recorded with a county recorder under section	134
317.24 of the Revised Code, as specified in division (B)(2) of	135
that section;	136

(aa) Usage information including names and addresses of	137
specific residential and commercial customers of a municipally	138
owned or operated public utility;	139

(bb) Records described in division (C) of section 187.04 of	140
the Revised Code that are not designated to be made available to	141
the public as provided in that division.	142

(2) "Confidential law enforcement investigatory record" means	143
any record that pertains to a law enforcement matter of a	144
criminal, quasi-criminal, civil, or administrative nature, but	145
only to the extent that the release of the record would create a	146
high probability of disclosure of any of the following:	147

(a) The identity of a suspect who has not been charged with	148
the offense to which the record pertains, or of an information	149
source or witness to whom confidentiality has been reasonably	150
promised;	151

(b) Information provided by an information source or witness	152
to whom confidentiality has been reasonably promised, which	153
information would reasonably tend to disclose the source's or	154
witness's identity;	155

(c) Specific confidential investigatory techniques or	156
procedures or specific investigatory work product;	157

(d) Information that would endanger the life or physical	158
safety of law enforcement personnel, a crime victim, a witness, or	159
a confidential information source.	160

(3) "Medical record" means any document or combination of	161
documents, except births, deaths, and the fact of admission to or	162
discharge from a hospital, that pertains to the medical history,	163
diagnosis, prognosis, or medical condition of a patient and that	164
is generated and maintained in the process of medical treatment.	165

(4) "Trial preparation record" means any record that contains	166
information that is specifically compiled in reasonable	167
anticipation of, or in defense of, a civil or criminal action or	168
proceeding, including the independent thought processes and	169
personal trial preparation of an attorney.	170

(5) "Intellectual property record" means a record, other than	171
a financial or administrative record, that is produced or	172
collected by or for faculty or staff of a state institution of	173
higher learning in the conduct of or as a result of study or	174
research on an educational, commercial, scientific, artistic,	175
technical, or scholarly issue, regardless of whether the study or	176
research was sponsored by the institution alone or in conjunction	177
with a governmental body or private concern, and that has not been	178
publicly released, published, or patented.	179

(6) "Donor profile record" means all records about donors or	180
potential donors to a public institution of higher education	181
except the names and reported addresses of the actual donors and	182
the date, amount, and conditions of the actual donation.	183

(7) "Peace officer, parole officer, probation officer,	184
bailiff, prosecuting attorney, assistant prosecuting attorney,	185
correctional employee, community-based correctional facility	186
employee, youth services employee, firefighter, EMT, or	187
investigator of the bureau of criminal identification and	188
investigation residential and familial information" means any	189
information that discloses any of the following about a peace	190
officer, parole officer, probation officer, bailiff, prosecuting	191
attorney, assistant prosecuting attorney, correctional employee,	192
community-based correctional facility employee, youth services	193
employee, firefighter, EMT, or investigator of the bureau of	194
criminal identification and investigation:	195

(a) The address of the actual personal residence of a peace	196
officer, parole officer, probation officer, bailiff, assistant	197
prosecuting attorney, correctional employee, community-based	198
correctional facility employee, youth services employee,	199
firefighter, EMT, or an investigator of the bureau of criminal	200
identification and investigation, except for the state or	201
political subdivision in which the peace officer, parole officer,	202
probation officer, bailiff, assistant prosecuting attorney,	203
correctional employee, community-based correctional facility	204
employee, youth services employee, firefighter, EMT, or	205
investigator of the bureau of criminal identification and	206
investigation resides;	207

(b) Information compiled from referral to or participation in	208
an employee assistance program;	209

(c) The social security number, the residential telephone	210
number, any bank account, debit card, charge card, or credit card	211
number, or the emergency telephone number of, or any medical	212
information pertaining to, a peace officer, parole officer,	213
probation officer, bailiff, prosecuting attorney, assistant	214
prosecuting attorney, correctional employee, community-based	215
correctional facility employee, youth services employee,	216
firefighter, EMT, or investigator of the bureau of criminal	217
identification and investigation;	218

(d) The name of any beneficiary of employment benefits,	219
including, but not limited to, life insurance benefits, provided	220
to a peace officer, parole officer, probation officer, bailiff,	221
prosecuting attorney, assistant prosecuting attorney, correctional	222
employee, community-based correctional facility employee, youth	223
services employee, firefighter, EMT, or investigator of the bureau	224
of criminal identification and investigation by the peace	225
officer's, parole officer's, probation officer's, bailiff's,	226
prosecuting attorney's, assistant prosecuting attorney's,	227
correctional employee's, community-based correctional facility	228
employee's, youth services employee's, firefighter's, EMT's, or	229
investigator of the bureau of criminal identification and	230
investigation's employer;	231

(e) The identity and amount of any charitable or employment	232
benefit deduction made by the peace officer's, parole officer's,	233
probation officer's, bailiff's, prosecuting attorney's, assistant	234
prosecuting attorney's, correctional employee's, community-based	235
correctional facility employee's, youth services employee's,	236
firefighter's, EMT's, or investigator of the bureau of criminal	237
identification and investigation's employer from the peace	238
officer's, parole officer's, probation officer's, bailiff's,	239
prosecuting attorney's, assistant prosecuting attorney's,	240
correctional employee's, community-based correctional facility	241
employee's, youth services employee's, firefighter's, EMT's, or	242
investigator of the bureau of criminal identification and	243
investigation's compensation unless the amount of the deduction is	244
required by state or federal law;	245

(f) The name, the residential address, the name of the	246
employer, the address of the employer, the social security number,	247
the residential telephone number, any bank account, debit card,	248
charge card, or credit card number, or the emergency telephone	249
number of the spouse, a former spouse, or any child of a peace	250
officer, parole officer, probation officer, bailiff, prosecuting	251
attorney, assistant prosecuting attorney, correctional employee,	252
community-based correctional facility employee, youth services	253
employee, firefighter, EMT, or investigator of the bureau of	254
criminal identification and investigation;	255

(g) A photograph of a peace officer who holds a position or	256
has an assignment that may include undercover or plain clothes	257
positions or assignments as determined by the peace officer's	258
appointing authority.	259

As used in divisions (A)(7) and (B)(9) of this section,	260
"peace officer" has the same meaning as in section 109.71 of the	261
Revised Code and also includes the superintendent and troopers of	262
the state highway patrol; it does not include the sheriff of a	263
county or a supervisory employee who, in the absence of the	264
sheriff, is authorized to stand in for, exercise the authority of,	265
and perform the duties of the sheriff.	266

As used in divisions (A)(7) and (B)(5) of this section,	267
"correctional employee" means any employee of the department of	268
rehabilitation and correction who in the course of performing the	269
employee's job duties has or has had contact with inmates and	270
persons under supervision.	271

As used in divisions (A)(7) and (B)(5) of this section,	272
"youth services employee" means any employee of the department of	273
youth services who in the course of performing the employee's job	274
duties has or has had contact with children committed to the	275
custody of the department of youth services.	276

As used in divisions (A)(7) and (B)(9) of this section,	277
"firefighter" means any regular, paid or volunteer, member of a	278
lawfully constituted fire department of a municipal corporation,	279
township, fire district, or village.	280

As used in divisions (A)(7) and (B)(9) of this section, "EMT"	281
means EMTs-basic, EMTs-I, and paramedics that provide emergency	282
medical services for a public emergency medical service	283
organization. "Emergency medical service organization,"	284
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in	285
section 4765.01 of the Revised Code.	286

As used in divisions (A)(7) and (B)(9) of this section,	287
"investigator of the bureau of criminal identification and	288
investigation" has the meaning defined in section 2903.11 of the	289
Revised Code.	290

(8) "Information pertaining to the recreational activities of	291
a person under the age of eighteen" means information that is kept	292
in the ordinary course of business by a public office, that	293
pertains to the recreational activities of a person under the age	294
of eighteen years, and that discloses any of the following:	295

(a) The address or telephone number of a person under the age	296
of eighteen or the address or telephone number of that person's	297
parent, guardian, custodian, or emergency contact person;	298

(b) The social security number, birth date, or photographic	299
image of a person under the age of eighteen;	300

(c) Any medical record, history, or information pertaining to	301
a person under the age of eighteen;	302

(d) Any additional information sought or required about a	303
person under the age of eighteen for the purpose of allowing that	304
person to participate in any recreational activity conducted or	305
sponsored by a public office or to use or obtain admission	306
privileges to any recreational facility owned or operated by a	307
public office.	308

(9) "Community control sanction" has the same meaning as in	309
section 2929.01 of the Revised Code.	310

(10) "Post-release control sanction" has the same meaning as	311
in section 2967.01 of the Revised Code.	312

(11) "Redaction" means obscuring or deleting any information	313
that is exempt from the duty to permit public inspection or	314
copying from an item that otherwise meets the definition of a	315
"record" in section 149.011 of the Revised Code.	316

(12) "Designee" and "elected official" have the same meanings	317
as in section 109.43 of the Revised Code.	318

(B)(1) Upon request and subject to division (B)(8) of this	319
section, all public records responsive to the request shall be	320
promptly prepared and made available for inspection to any person	321
at all reasonable times during regular business hours. Subject to	322
division (B)(8) of this section, upon request, a public office or	323
person responsible for public records shall make copies of the	324
requested public record available at cost and within a reasonable	325
period of time. If a public record contains information that is	326
exempt from the duty to permit public inspection or to copy the	327
public record, the public office or the person responsible for the	328
public record shall make available all of the information within	329
the public record that is not exempt. When making that public	330
record available for public inspection or copying that public	331
record, the public office or the person responsible for the public	332
record shall notify the requester of any redaction or make the	333
redaction plainly visible. A redaction shall be deemed a denial of	334
a request to inspect or copy the redacted information, except if	335
federal or state law authorizes or requires a public office to	336
make the redaction.	337

(2) To facilitate broader access to public records, a public	338
office or the person responsible for public records shall organize	339
and maintain public records in a manner that they can be made	340
available for inspection or copying in accordance with division	341
(B) of this section. A public office also shall have available a	342
copy of its current records retention schedule at a location	343
readily available to the public. If a requester makes an ambiguous	344
or overly broad request or has difficulty in making a request for	345
copies or inspection of public records under this section such	346
that the public office or the person responsible for the requested	347
public record cannot reasonably identify what public records are	348
being requested, the public office or the person responsible for	349
the requested public record may deny the request but shall provide	350
the requester with an opportunity to revise the request by	351
informing the requester of the manner in which records are	352
maintained by the public office and accessed in the ordinary	353
course of the public office's or person's duties.	354

(3) If a request is ultimately denied, in part or in whole,	355
the public office or the person responsible for the requested	356
public record shall provide the requester with an explanation,	357
including legal authority, setting forth why the request was	358
denied. If the initial request was provided in writing, the	359
explanation also shall be provided to the requester in writing.	360
The explanation shall not preclude the public office or the person	361
responsible for the requested public record from relying upon	362
additional reasons or legal authority in defending an action	363
commenced under division (C) of this section.	364

(4) Unless specifically required or authorized by state or	365
federal law or in accordance with division (B) of this section, no	366
public office or person responsible for public records may limit	367
or condition the availability of public records by requiring	368
disclosure of the requester's identity or the intended use of the	369
requested public record. Any requirement that the requester	370
disclose the requestor's identity or the intended use of the	371
requested public record constitutes a denial of the request.	372

(5) A public office or person responsible for public records	373
may ask a requester to make the request in writing, may ask for	374
the requester's identity, and may inquire about the intended use	375
of the information requested, but may do so only after disclosing	376
to the requester that a written request is not mandatory and that	377
the requester may decline to reveal the requester's identity or	378
the intended use and when a written request or disclosure of the	379
identity or intended use would benefit the requester by enhancing	380
the ability of the public office or person responsible for public	381
records to identify, locate, or deliver the public records sought	382
by the requester.	383

(6) If any person chooses to obtain a copy of a public record	384
in accordance with division (B) of this section, the public office	385
or person responsible for the public record may require that	386
person to pay in advance the cost involved in providing the copy	387
of the public record in accordance with the choice made by the	388
person seeking the copy under this division. The public office or	389
the person responsible for the public record shall permit that	390
person to choose to have the public record duplicated upon paper,	391
upon the same medium upon which the public office or person	392
responsible for the public record keeps it, or upon any other	393
medium upon which the public office or person responsible for the	394
public record determines that it reasonably can be duplicated as	395
an integral part of the normal operations of the public office or	396
person responsible for the public record. When the person seeking	397
the copy makes a choice under this division, the public office or	398
person responsible for the public record shall provide a copy of	399
it in accordance with the choice made by the person seeking the	400
copy. Nothing in this section requires a public office or person	401
responsible for the public record to allow the person seeking a	402
copy of the public record to make the copies of the public record.	403

(7) Upon a request made in accordance with division (B) of	404
this section and subject to division (B)(6) of this section, a	405
public office or person responsible for public records shall	406
transmit a copy of a public record to any person by United States	407
mail or by any other means of delivery or transmission within a	408
reasonable period of time after receiving the request for the	409
copy. The public office or person responsible for the public	410
record may require the person making the request to pay in advance	411
the cost of postage if the copy is transmitted by United States	412
mail or the cost of delivery if the copy is transmitted other than	413
by United States mail, and to pay in advance the costs incurred	414
for other supplies used in the mailing, delivery, or transmission.	415

Any public office may adopt a policy and procedures that it	416
will follow in transmitting, within a reasonable period of time	417
after receiving a request, copies of public records by United	418
States mail or by any other means of delivery or transmission	419
pursuant to this division. A public office that adopts a policy	420
and procedures under this division shall comply with them in	421
performing its duties under this division.	422

In any policy and procedures adopted under this division, a	423
public office may limit the number of records requested by a	424
person that the office will transmit by United States mail to ten	425
per month, unless the person certifies to the office in writing	426
that the person does not intend to use or forward the requested	427
records, or the information contained in them, for commercial	428
purposes. For purposes of this division, "commercial" shall be	429
narrowly construed and does not include reporting or gathering	430
news, reporting or gathering information to assist citizen	431
oversight or understanding of the operation or activities of	432
government, or nonprofit educational research.	433

(8) A public office or person responsible for public records	434
is not required to permit a person who is incarcerated pursuant to	435
a criminal conviction or a juvenile adjudication to inspect or to	436
obtain a copy of any public record concerning a criminal	437
investigation or prosecution or concerning what would be a	438
criminal investigation or prosecution if the subject of the	439
investigation or prosecution were an adult, unless the request to	440
inspect or to obtain a copy of the record is for the purpose of	441
acquiring information that is subject to release as a public	442
record under this section and the judge who imposed the sentence	443
or made the adjudication with respect to the person, or the	444
judge's successor in office, finds that the information sought in	445
the public record is necessary to support what appears to be a	446
justiciable claim of the person.	447

(9)(a) Upon written request made and signed by a journalist	448
on or after December 16, 1999, a public office, or person	449
responsible for public records, having custody of the records of	450
the agency employing a specified peace officer, parole officer,	451
probation officer, bailiff, prosecuting attorney, assistant	452
prosecuting attorney, correctional employee, community-based	453
correctional facility employee, youth services employee,	454
firefighter, EMT, or investigator of the bureau of criminal	455
identification and investigation shall disclose to the journalist	456
the address of the actual personal residence of the peace officer,	457
parole officer, probation officer, bailiff, prosecuting attorney,	458
assistant prosecuting attorney, correctional employee,	459
community-based correctional facility employee, youth services	460
employee, firefighter, EMT, or investigator of the bureau of	461
criminal identification and investigation and, if the peace	462
officer's, parole officer's, probation officer's, bailiff's,	463
prosecuting attorney's, assistant prosecuting attorney's,	464
correctional employee's, community-based correctional facility	465
employee's, youth services employee's, firefighter's, EMT's, or	466
investigator of the bureau of criminal identification and	467
investigation's spouse, former spouse, or child is employed by a	468
public office, the name and address of the employer of the peace	469
officer's, parole officer's, probation officer's, bailiff's,	470
prosecuting attorney's, assistant prosecuting attorney's,	471
correctional employee's, community-based correctional facility	472
employee's, youth services employee's, firefighter's, EMT's, or	473
investigator of the bureau of criminal identification and	474
investigation's spouse, former spouse, or child. The request shall	475
include the journalist's name and title and the name and address	476
of the journalist's employer and shall state that disclosure of	477
the information sought would be in the public interest.	478

(b) Division (B)(9)(a) of this section also applies to	479
journalist requests for customer information maintained by a	480
municipally owned or operated public utility, other than social	481
security numbers and any private financial information such as	482
credit reports, payment methods, credit card numbers, and bank	483
account information.	484

(c) As used in division (B)(9) of this section, "journalist"	485
means a person engaged in, connected with, or employed by any news	486
medium, including a newspaper, magazine, press association, news	487
agency, or wire service, a radio or television station, or a	488
similar medium, for the purpose of gathering, processing,	489
transmitting, compiling, editing, or disseminating information for	490
the general public.	491

(C)(1) If a person allegedly is aggrieved by the failure of a	492
public office or the person responsible for public records to	493
promptly prepare a public record and to make it available to the	494
person for inspection in accordance with division (B) of this	495
section or by any other failure of a public office or the person	496
responsible for public records to comply with an obligation in	497
accordance with division (B) of this section, the person allegedly	498
aggrieved may commence a mandamus action to obtain a judgment that	499
orders the public office or the person responsible for the public	500
record to comply with division (B) of this section, that awards	501
court costs and reasonable attorney's fees to the person that	502
instituted the mandamus action, and, if applicable, that includes	503
an order fixing statutory damages under division (C)(1) of this	504
section. The mandamus action may be commenced in the court of	505
common pleas of the county in which division (B) of this section	506
allegedly was not complied with, in the supreme court pursuant to	507
its original jurisdiction under Section 2 of Article IV, Ohio	508
Constitution, or in the court of appeals for the appellate	509
district in which division (B) of this section allegedly was not	510
complied with pursuant to its original jurisdiction under Section	511
3 of Article IV, Ohio Constitution.	512

If a requestor transmits a written request by hand delivery	513
or certified mail to inspect or receive copies of any public	514
record in a manner that fairly describes the public record or	515
class of public records to the public office or person responsible	516
for the requested public records, except as otherwise provided in	517
this section, the requestor shall be entitled to recover the	518
amount of statutory damages set forth in this division if a court	519
determines that the public office or the person responsible for	520
public records failed to comply with an obligation in accordance	521
with division (B) of this section.	522

The amount of statutory damages shall be fixed at one hundred	523
dollars for each business day during which the public office or	524
person responsible for the requested public records failed to	525
comply with an obligation in accordance with division (B) of this	526
section, beginning with the day on which the requester files a	527
mandamus action to recover statutory damages, up to a maximum of	528
one thousand dollars. The award of statutory damages shall not be	529
construed as a penalty, but as compensation for injury arising	530
from lost use of the requested information. The existence of this	531
injury shall be conclusively presumed. The award of statutory	532
damages shall be in addition to all other remedies authorized by	533
this section.	534

The court may reduce an award of statutory damages or not	535
award statutory damages if the court determines both of the	536
following:	537

(a) That, based on the ordinary application of statutory law	538
and case law as it existed at the time of the conduct or	539
threatened conduct of the public office or person responsible for	540
the requested public records that allegedly constitutes a failure	541
to comply with an obligation in accordance with division (B) of	542
this section and that was the basis of the mandamus action, a	543
well-informed public office or person responsible for the	544
requested public records reasonably would believe that the conduct	545
or threatened conduct of the public office or person responsible	546
for the requested public records did not constitute a failure to	547
comply with an obligation in accordance with division (B) of this	548
section;	549

(b) That a well-informed public office or person responsible	550
for the requested public records reasonably would believe that the	551
conduct or threatened conduct of the public office or person	552
responsible for the requested public records would serve the	553
public policy that underlies the authority that is asserted as	554
permitting that conduct or threatened conduct.	555

(2)(a) If the court issues a writ of mandamus that orders the	556
public office or the person responsible for the public record to	557
comply with division (B) of this section and determines that the	558
circumstances described in division (C)(1) of this section exist,	559
the court shall determine and award to the relator all court	560
costs.	561

(b) If the court renders a judgment that orders the public	562
office or the person responsible for the public record to comply	563
with division (B) of this section, the court may award reasonable	564
attorney's fees subject to reduction as described in division	565
(C)(2)(c) of this section. The court shall award reasonable	566
attorney's fees, subject to reduction as described in division	567
(C)(2)(c) of this section when either of the following applies:	568

(i) The public office or the person responsible for the	569
public records failed to respond affirmatively or negatively to	570
the public records request in accordance with the time allowed	571
under division (B) of this section.	572

(ii) The public office or the person responsible for the	573
public records promised to permit the relator to inspect or	574
receive copies of the public records requested within a specified	575
period of time but failed to fulfill that promise within that	576
specified period of time.	577

(c) Court costs and reasonable attorney's fees awarded under	578
this section shall be construed as remedial and not punitive.	579
Reasonable attorney's fees shall include reasonable fees incurred	580
to produce proof of the reasonableness and amount of the fees and	581
to otherwise litigate entitlement to the fees. The court may	582
reduce an award of attorney's fees to the relator or not award	583
attorney's fees to the relator if the court determines both of the	584
following:	585

(i) That, based on the ordinary application of statutory law	586
and case law as it existed at the time of the conduct or	587
threatened conduct of the public office or person responsible for	588
the requested public records that allegedly constitutes a failure	589
to comply with an obligation in accordance with division (B) of	590
this section and that was the basis of the mandamus action, a	591
well-informed public office or person responsible for the	592
requested public records reasonably would believe that the conduct	593
or threatened conduct of the public office or person responsible	594
for the requested public records did not constitute a failure to	595
comply with an obligation in accordance with division (B) of this	596
section;	597

(ii) That a well-informed public office or person responsible	598
for the requested public records reasonably would believe that the	599
conduct or threatened conduct of the public office or person	600
responsible for the requested public records as described in	601
division (C)(2)(c)(i) of this section would serve the public	602
policy that underlies the authority that is asserted as permitting	603
that conduct or threatened conduct.	604

(D) Chapter 1347. of the Revised Code does not limit the	605
provisions of this section.	606

(E)(1) To ensure that all employees of public offices are	607
appropriately educated about a public office's obligations under	608
division (B) of this section, all elected officials or their	609
appropriate designees shall attend training approved by the	610
attorney general as provided in section 109.43 of the Revised	611
Code. In addition, all public offices shall adopt a public records	612
policy in compliance with this section for responding to public	613
records requests. In adopting a public records policy under this	614
division, a public office may obtain guidance from the model	615
public records policy developed and provided to the public office	616
by the attorney general under section 109.43 of the Revised Code.	617
Except as otherwise provided in this section, the policy may not	618
limit the number of public records that the public office will	619
make available to a single person, may not limit the number of	620
public records that it will make available during a fixed period	621
of time, and may not establish a fixed period of time before it	622
will respond to a request for inspection or copying of public	623
records, unless that period is less than eight hours.	624

(2) The public office shall distribute the public records	625
policy adopted by the public office under division (E)(1) of this	626
section to the employee of the public office who is the records	627
custodian or records manager or otherwise has custody of the	628
records of that office. The public office shall require that	629
employee to acknowledge receipt of the copy of the public records	630
policy. The public office shall create a poster that describes its	631
public records policy and shall post the poster in a conspicuous	632
place in the public office and in all locations where the public	633
office has branch offices. The public office may post its public	634
records policy on the internet web site of the public office if	635
the public office maintains an internet web site. A public office	636
that has established a manual or handbook of its general policies	637
and procedures for all employees of the public office shall	638
include the public records policy of the public office in the	639
manual or handbook.	640

(F)(1) The bureau of motor vehicles may adopt rules pursuant	641
to Chapter 119. of the Revised Code to reasonably limit the number	642
of bulk commercial special extraction requests made by a person	643
for the same records or for updated records during a calendar	644
year. The rules may include provisions for charges to be made for	645
bulk commercial special extraction requests for the actual cost of	646
the bureau, plus special extraction costs, plus ten per cent. The	647
bureau may charge for expenses for redacting information, the	648
release of which is prohibited by law.	649

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

650

(a) "Actual cost" means the cost of depleted supplies,	651
records storage media costs, actual mailing and alternative	652
delivery costs, or other transmitting costs, and any direct	653
equipment operating and maintenance costs, including actual costs	654
paid to private contractors for copying services.	655

(b) "Bulk commercial special extraction request" means a	656
request for copies of a record for information in a format other	657
than the format already available, or information that cannot be	658
extracted without examination of all items in a records series,	659
class of records, or database by a person who intends to use or	660
forward the copies for surveys, marketing, solicitation, or resale	661
for commercial purposes. "Bulk commercial special extraction	662
request" does not include a request by a person who gives	663
assurance to the bureau that the person making the request does	664
not intend to use or forward the requested copies for surveys,	665
marketing, solicitation, or resale for commercial purposes.	666

(c) "Commercial" means profit-seeking production, buying, or	667
selling of any good, service, or other product.	668

(d) "Special extraction costs" means the cost of the time	669
spent by the lowest paid employee competent to perform the task,	670
the actual amount paid to outside private contractors employed by	671
the bureau, or the actual cost incurred to create computer	672
programs to make the special extraction. "Special extraction	673
costs" include any charges paid to a public agency for computer or	674
records services.	675

(3) For purposes of divisions (F)(1) and (2) of this section,	676
"surveys, marketing, solicitation, or resale for commercial	677
purposes" shall be narrowly construed and does not include	678
reporting or gathering news, reporting or gathering information to	679
assist citizen oversight or understanding of the operation or	680
activities of government, or nonprofit educational research.	681

(G)(1) A public office that posts a public record on its web	682
site, or on a public web site maintained or authorized by the	683
state, shall make its best efforts to post the public record in an	684
open format so that the public record, or the data contained in	685
the public record, is capable of being searched, viewed, and	686
downloaded by the public, and is in a format that is machine	687
readable.	688

A public office that opts in to posting public records online	689
in an open format, and that has amended its public records policy	690
to indicate it has opted to do so, shall make its best effort to	691
continue to post such records online in an open format in	692
accordance with its public records policy.	693

(2) A public office that opts in to posting public records	694
online in an open format shall include in the public office's	695
public records policy a statement of which public records the	696
public office posts in accordance with the requirements of	697
division (G)(1) of this section. A public office shall submit to	698
the DataOhio board, not later than thirty days after amending its	699
public records policy regarding public records posted in	700
accordance with the requirements of division (G)(1) of this	701
section, the portion of its public records policy that states	702
which public records are posted.	703

(3) Nothing in this section requires a public office to post	704
public records to a web site. A public office's decision regarding	705
which public records to post in accordance with the requirements	706
of division (G)(1) of this section, if any, is solely within the	707
discretion of the public office. A public office's decision in	708
this regard is final and may not be modified except by action of	709
the public office.	710

Sec. 149.60. (A) As used in this section:

711

(1) "Metropolitan planning organization" means a metropolitan	712
planning organization designated under section 9(a) of the	713
"Federal-Aid Highway Act of 1962," 76 Stat. 1148, 23 U.S.C. 134,	714
as amended.	715

(2) "Public record" has the meaning defined in section 149.43	716
of the Revised Code.	717

(B) There is the local government information exchange grant	718
program in the department of administrative services. The program	719
shall be administered by the director of administrative services.	720
The director shall adopt rules under Chapter 119. of the Revised	721
Code as are necessary to administer the program. The rules shall	722
include all of the following:	723

(1) Grant eligibility criteria, which shall include a	724
requirement that a grantee be a county, township, municipal	725
corporation, or public library, or a regional planning commission,	726
metropolitan planning organization, or regional council of	727
governments, which may apply on behalf of a county, township,	728
municipal corporation, or public library or group thereof to	729
assist them in meeting the requirements of this section;	730

(2) Specifications for what data points must be included by a	731
county, township, municipal corporation, or public library in	732
order for the county, township, municipal corporation, or public	733
library to be eligible for the grant funding;	734

(3) A requirement that electronic data satisfying the grant	735
criteria be posted on the internet, by the county, township,	736
municipal corporation, or public library or by the state, in an	737
open format that is capable of being searched, viewed, and	738
downloaded by the public;	739

(4) Specifications for consistent formatting and technology	740
standards for electronic data satisfying the grant eligibility	741
criteria; and	742

(5) Specifications for accounting standards for data provided	743
by a county, township, municipal corporation, or public library.	744

Required data points may be different for counties,	745
townships, municipal corporations, or public libraries.	746

(C) The director shall disburse a grant of ten thousand	747
dollars to each county, township, municipal corporation, or public	748
library that meets the grant eligibility criteria established by	749
the director, or to a regional planning commission, metropolitan	750
planning organization, or regional council of governments for each	751
county, township, municipal corporation, or public library applied	752
for that meets the grant eligibility criteria established by the	753
director. Grants shall be awarded in the order in which the	754
counties, townships, municipal corporations, or public libraries	755
have met the eligibility criteria. The total amount of grants	756
awarded shall not exceed the amount that can be funded with	757
appropriations made by the general assembly for this purpose.	758

Sec. 149.62. (A) As used in this section:

759

(1) "Local government" means bodies corporate and politic	760
responsible for governmental activities only in geographical areas	761
smaller than that of the state.	762

(2) "Open format" has the meaning defined contextually in	763
section 149.43 of the Revised Code.	764

(3) "Public record" has the meaning defined in section 149.43	765
of the Revised Code.	766

(B) The general assembly recognizes that public-use data from	767
public offices offers an avenue toward open and transparent	768
government, stimulates business innovation, and can help public	769
offices become more effective. It is declared to be a public	770
purpose and function of the state to facilitate the ability of the	771
public easily to find, download, and use data sets that are	772
generated and held by the state government and other public	773
offices. With these goals in mind, the general assembly creates	774
the DataOhio board to do all of the following:	775

(1) Recommend categories of public records that state	776
agencies and local governments should make available to the public	777
online in an open format;	778

(2) Recommend technology standards for open data use in the	779
state that reflect the most current standards used nationally and	780
in other states;	781

(3) Recommend accounting standards for financial data in the	782
state to facilitate comparison across public offices and services;	783

(4) Recommend metadata definitional standards for	784
nonfinancial data in the state to facilitate comparison and use of	785
this data across public offices; and	786

(5) Consider creation by the state of data.ohio.gov, an	787
online catalog of data sets made available by state agencies and	788
local governments, as well as collaboration with efforts underway	789
at the federal and state levels.	790

The board shall deliver a report of its findings and	791
recommendations to the general assembly not later than one year	792
after the effective date of this section, and thereafter shall	793
deliver a report of its findings and recommendations by the	794
thirty-first day of March each year.	795

(C) The DataOhio board shall consist of the following members	796
or their designees:	797

(1) The governor;

798

(2) The attorney general;

799

(3) The auditor of state;

800

(4) The secretary of state;

801

(5) The treasurer of state;

802

(6) The speaker of the house of representatives;

803

(7) The president of the senate;

804

(8) The minority leader of the house of representatives;

805

(9) The minority leader of the senate;

806

(10) The chancellor of the Ohio board of regents;

807

(11) The state librarian;

808

(12) One member who represents data consumers to be appointed	809
by the chairperson after the chairperson is selected; and	810

(13) Three members who represent local governments to be	811
appointed by the chairperson after the chairperson is selected.	812

The board also shall consist of one or more ex officio,	813
nonvoting members or their designees appointed by the chairperson	814
after the chairperson is selected.	815

At its initial meeting, the board shall select a chairperson	816
from among its members. The chairperson shall select a member of	817
the board to serve as the board's secretary.	818

Members of the board shall serve without compensation but	819
shall be reimbursed for their actual and necessary expenses	820
incurred in the performance of their duties.	821

(D) The state library of Ohio shall provide necessary meeting	822
facilities to the board.	823

The initial meeting of the board shall be held at the call of	824
the state librarian and not later than thirty days after the	825
effective date of this section. After the initial meeting, all	826
meetings of the board shall be held at the call of the	827
chairperson.	828

(E) The presence of a majority of the members of the board	829
constitutes a quorum for the conduct of its business. The	830
concurrence of at least a majority of the members of the board is	831
necessary for any action to be taken by the board.	832

Sec. 149.65.  As used in this section, "public record" has	833
the meaning defined in section 149.43 of the Revised Code.	834

The auditor of state shall establish, administer, and operate	835
a web site to function as a portal and catalog where public	836
records and data sets of public records, created by state	837
government and other public offices, can be located and accessed	838
by the public online. The web site shall offer access to public	839
records or data sets of public records posted online by public	840
offices through providing web links to web sites of public offices	841
that contain such information. The web site may post original data	842
or data sets that contain original content or summarized content	843
of data sets obtained from public offices.	844

The auditor shall consult with the state librarian regarding	845
the collection, aggregation, presentation, and accessibility of	846
data in relation to the web site.	847

The web site shall be registered at data.Ohio.gov. The state	848
shall consider participation and affiliation of data.Ohio.gov with	849
data.gov, the official online data catalog of the United States	850
government.	851

The auditor of state shall adopt rules under Chapter 119. of	852
the Revised Code that specify policies and procedures for the	853
administration and operation of data.Ohio.gov. The rules shall	854
include a requirement that the auditor may not charge a fee in	855
relation to data.Ohio.gov. The auditor of state shall make every	856
effort to ensure that data provided online at data.Ohio.gov via	857
web link or posted as original data is open format and machine	858
readable.	859

Section 2.  That existing section 149.43 of the Revised Code	860
is hereby repealed.	861

Section 3.  That the version of section 149.43 of the Revised	862
Code that is scheduled to take effect on March 20, 2015, be	863
amended to read as follows:	864

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

865

(1) "Public record" means records kept by any public office,	866
including, but not limited to, state, county, city, village,	867
township, and school district units, and records pertaining to the	868
delivery of educational services by an alternative school in this	869
state kept by the nonprofit or for-profit entity operating the	870
alternative school pursuant to section 3313.533 of the Revised	871
Code. "Public record" does not mean any of the following:	872

(a) Medical records;

873

(b) Records pertaining to probation and parole proceedings or	874
to proceedings related to the imposition of community control	875
sanctions and post-release control sanctions;	876

(c) Records pertaining to actions under section 2151.85 and	877
division (C) of section 2919.121 of the Revised Code and to	878
appeals of actions arising under those sections;	879

(d) Records pertaining to adoption proceedings, including the	880
contents of an adoption file maintained by the department of	881
health under sections 3705.12 to 3705.124 of the Revised Code;	882

(e) Information in a record contained in the putative father	883
registry established by section 3107.062 of the Revised Code,	884
regardless of whether the information is held by the department of	885
job and family services or, pursuant to section 3111.69 of the	886
Revised Code, the office of child support in the department or a	887
child support enforcement agency;	888

(f) Records specified in division (A) of section 3107.52 of	889
the Revised Code;	890

(g) Trial preparation records;

891

(h) Confidential law enforcement investigatory records;

892

(i) Records containing information that is confidential under	893
section 2710.03 or 4112.05 of the Revised Code;	894

(j) DNA records stored in the DNA database pursuant to	895
section 109.573 of the Revised Code;	896

(k) Inmate records released by the department of	897
rehabilitation and correction to the department of youth services	898
or a court of record pursuant to division (E) of section 5120.21	899
of the Revised Code;	900

(l) Records maintained by the department of youth services	901
pertaining to children in its custody released by the department	902
of youth services to the department of rehabilitation and	903
correction pursuant to section 5139.05 of the Revised Code;	904

(m) Intellectual property records;

905

(n) Donor profile records;

906

(o) Records maintained by the department of job and family	907
services pursuant to section 3121.894 of the Revised Code;	908

(p) Peace officer, parole officer, probation officer,	909
bailiff, prosecuting attorney, assistant prosecuting attorney,	910
correctional employee, community-based correctional facility	911
employee, youth services employee, firefighter, EMT, or	912
investigator of the bureau of criminal identification and	913
investigation residential and familial information;	914

(q) In the case of a county hospital operated pursuant to	915
Chapter 339. of the Revised Code or a municipal hospital operated	916
pursuant to Chapter 749. of the Revised Code, information that	917
constitutes a trade secret, as defined in section 1333.61 of the	918
Revised Code;	919

(r) Information pertaining to the recreational activities of	920
a person under the age of eighteen;	921

(s) Records provided to, statements made by review board	922
members during meetings of, and all work products of a child	923
fatality review board acting under sections 307.621 to 307.629 of	924
the Revised Code, and child fatality review data submitted by the	925
child fatality review board to the department of health or a	926
national child death review database, other than the report	927
prepared pursuant to division (A) of section 307.626 of the	928
Revised Code;	929

(t) Records provided to and statements made by the executive	930
director of a public children services agency or a prosecuting	931
attorney acting pursuant to section 5153.171 of the Revised Code	932
other than the information released under that section;	933

(u) Test materials, examinations, or evaluation tools used in	934
an examination for licensure as a nursing home administrator that	935
the board of executives of long-term services and supports	936
administers under section 4751.04 of the Revised Code or contracts	937
under that section with a private or government entity to	938
administer;	939

(v) Records the release of which is prohibited by state or	940
federal law;	941

(w) Proprietary information of or relating to any person that	942
is submitted to or compiled by the Ohio venture capital authority	943
created under section 150.01 of the Revised Code;	944

(x) Financial statements and data any person submits for any	945
purpose to the Ohio housing finance agency or the controlling	946
board in connection with applying for, receiving, or accounting	947
for financial assistance from the agency, and information that	948
identifies any individual who benefits directly or indirectly from	949
financial assistance from the agency;	950

(y) Records listed in section 5101.29 of the Revised Code;

951

(z) Discharges recorded with a county recorder under section	952
317.24 of the Revised Code, as specified in division (B)(2) of	953
that section;	954

(aa) Usage information including names and addresses of	955
specific residential and commercial customers of a municipally	956
owned or operated public utility;	957

(bb) Records described in division (C) of section 187.04 of	958
the Revised Code that are not designated to be made available to	959
the public as provided in that division.	960

(2) "Confidential law enforcement investigatory record" means	961
any record that pertains to a law enforcement matter of a	962
criminal, quasi-criminal, civil, or administrative nature, but	963
only to the extent that the release of the record would create a	964
high probability of disclosure of any of the following:	965

(a) The identity of a suspect who has not been charged with	966
the offense to which the record pertains, or of an information	967
source or witness to whom confidentiality has been reasonably	968
promised;	969

(b) Information provided by an information source or witness	970
to whom confidentiality has been reasonably promised, which	971
information would reasonably tend to disclose the source's or	972
witness's identity;	973

(c) Specific confidential investigatory techniques or	974
procedures or specific investigatory work product;	975

(d) Information that would endanger the life or physical	976
safety of law enforcement personnel, a crime victim, a witness, or	977
a confidential information source.	978

(3) "Medical record" means any document or combination of	979
documents, except births, deaths, and the fact of admission to or	980
discharge from a hospital, that pertains to the medical history,	981
diagnosis, prognosis, or medical condition of a patient and that	982
is generated and maintained in the process of medical treatment.	983

(4) "Trial preparation record" means any record that contains	984
information that is specifically compiled in reasonable	985
anticipation of, or in defense of, a civil or criminal action or	986
proceeding, including the independent thought processes and	987
personal trial preparation of an attorney.	988

(5) "Intellectual property record" means a record, other than	989
a financial or administrative record, that is produced or	990
collected by or for faculty or staff of a state institution of	991
higher learning in the conduct of or as a result of study or	992
research on an educational, commercial, scientific, artistic,	993
technical, or scholarly issue, regardless of whether the study or	994
research was sponsored by the institution alone or in conjunction	995
with a governmental body or private concern, and that has not been	996
publicly released, published, or patented.	997

(6) "Donor profile record" means all records about donors or	998
potential donors to a public institution of higher education	999
except the names and reported addresses of the actual donors and	1000
the date, amount, and conditions of the actual donation.	1001

(7) "Peace officer, parole officer, probation officer,	1002
bailiff, prosecuting attorney, assistant prosecuting attorney,	1003
correctional employee, community-based correctional facility	1004
employee, youth services employee, firefighter, EMT, or	1005
investigator of the bureau of criminal identification and	1006
investigation residential and familial information" means any	1007
information that discloses any of the following about a peace	1008
officer, parole officer, probation officer, bailiff, prosecuting	1009
attorney, assistant prosecuting attorney, correctional employee,	1010
community-based correctional facility employee, youth services	1011
employee, firefighter, EMT, or investigator of the bureau of	1012
criminal identification and investigation:	1013

(a) The address of the actual personal residence of a peace	1014
officer, parole officer, probation officer, bailiff, assistant	1015
prosecuting attorney, correctional employee, community-based	1016
correctional facility employee, youth services employee,	1017
firefighter, EMT, or an investigator of the bureau of criminal	1018
identification and investigation, except for the state or	1019
political subdivision in which the peace officer, parole officer,	1020
probation officer, bailiff, assistant prosecuting attorney,	1021
correctional employee, community-based correctional facility	1022
employee, youth services employee, firefighter, EMT, or	1023
investigator of the bureau of criminal identification and	1024
investigation resides;	1025

(b) Information compiled from referral to or participation in	1026
an employee assistance program;	1027

(c) The social security number, the residential telephone	1028
number, any bank account, debit card, charge card, or credit card	1029
number, or the emergency telephone number of, or any medical	1030
information pertaining to, a peace officer, parole officer,	1031
probation officer, bailiff, prosecuting attorney, assistant	1032
prosecuting attorney, correctional employee, community-based	1033
correctional facility employee, youth services employee,	1034
firefighter, EMT, or investigator of the bureau of criminal	1035
identification and investigation;	1036

(d) The name of any beneficiary of employment benefits,	1037
including, but not limited to, life insurance benefits, provided	1038
to a peace officer, parole officer, probation officer, bailiff,	1039
prosecuting attorney, assistant prosecuting attorney, correctional	1040
employee, community-based correctional facility employee, youth	1041
services employee, firefighter, EMT, or investigator of the bureau	1042
of criminal identification and investigation by the peace	1043
officer's, parole officer's, probation officer's, bailiff's,	1044
prosecuting attorney's, assistant prosecuting attorney's,	1045
correctional employee's, community-based correctional facility	1046
employee's, youth services employee's, firefighter's, EMT's, or	1047
investigator of the bureau of criminal identification and	1048
investigation's employer;	1049

(e) The identity and amount of any charitable or employment	1050
benefit deduction made by the peace officer's, parole officer's,	1051
probation officer's, bailiff's, prosecuting attorney's, assistant	1052
prosecuting attorney's, correctional employee's, community-based	1053
correctional facility employee's, youth services employee's,	1054
firefighter's, EMT's, or investigator of the bureau of criminal	1055
identification and investigation's employer from the peace	1056
officer's, parole officer's, probation officer's, bailiff's,	1057
prosecuting attorney's, assistant prosecuting attorney's,	1058
correctional employee's, community-based correctional facility	1059
employee's, youth services employee's, firefighter's, EMT's, or	1060
investigator of the bureau of criminal identification and	1061
investigation's compensation unless the amount of the deduction is	1062
required by state or federal law;	1063

(f) The name, the residential address, the name of the	1064
employer, the address of the employer, the social security number,	1065
the residential telephone number, any bank account, debit card,	1066
charge card, or credit card number, or the emergency telephone	1067
number of the spouse, a former spouse, or any child of a peace	1068
officer, parole officer, probation officer, bailiff, prosecuting	1069
attorney, assistant prosecuting attorney, correctional employee,	1070
community-based correctional facility employee, youth services	1071
employee, firefighter, EMT, or investigator of the bureau of	1072
criminal identification and investigation;	1073

(g) A photograph of a peace officer who holds a position or	1074
has an assignment that may include undercover or plain clothes	1075
positions or assignments as determined by the peace officer's	1076
appointing authority.	1077

As used in divisions (A)(7) and (B)(9) of this section,	1078
"peace officer" has the same meaning as in section 109.71 of the	1079
Revised Code and also includes the superintendent and troopers of	1080
the state highway patrol; it does not include the sheriff of a	1081
county or a supervisory employee who, in the absence of the	1082
sheriff, is authorized to stand in for, exercise the authority of,	1083
and perform the duties of the sheriff.	1084

As used in divisions (A)(7) and (B)(9) of this section,	1085
"correctional employee" means any employee of the department of	1086
rehabilitation and correction who in the course of performing the	1087
employee's job duties has or has had contact with inmates and	1088
persons under supervision.	1089

As used in divisions (A)(7) and (B)(9) of this section,	1090
"youth services employee" means any employee of the department of	1091
youth services who in the course of performing the employee's job	1092
duties has or has had contact with children committed to the	1093
custody of the department of youth services.	1094

As used in divisions (A)(7) and (B)(9) of this section,	1095
"firefighter" means any regular, paid or volunteer, member of a	1096
lawfully constituted fire department of a municipal corporation,	1097
township, fire district, or village.	1098

As used in divisions (A)(7) and (B)(9) of this section, "EMT"	1099
means EMTs-basic, EMTs-I, and paramedics that provide emergency	1100
medical services for a public emergency medical service	1101
organization. "Emergency medical service organization,"	1102
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in	1103
section 4765.01 of the Revised Code.	1104

As used in divisions (A)(7) and (B)(9) of this section,	1105
"investigator of the bureau of criminal identification and	1106
investigation" has the meaning defined in section 2903.11 of the	1107
Revised Code.	1108

(8) "Information pertaining to the recreational activities of	1109
a person under the age of eighteen" means information that is kept	1110
in the ordinary course of business by a public office, that	1111
pertains to the recreational activities of a person under the age	1112
of eighteen years, and that discloses any of the following:	1113

(a) The address or telephone number of a person under the age	1114
of eighteen or the address or telephone number of that person's	1115
parent, guardian, custodian, or emergency contact person;	1116

(b) The social security number, birth date, or photographic	1117
image of a person under the age of eighteen;	1118

(c) Any medical record, history, or information pertaining to	1119
a person under the age of eighteen;	1120

(d) Any additional information sought or required about a	1121
person under the age of eighteen for the purpose of allowing that	1122
person to participate in any recreational activity conducted or	1123
sponsored by a public office or to use or obtain admission	1124
privileges to any recreational facility owned or operated by a	1125
public office.	1126

(9) "Community control sanction" has the same meaning as in	1127
section 2929.01 of the Revised Code.	1128

(10) "Post-release control sanction" has the same meaning as	1129
in section 2967.01 of the Revised Code.	1130

(11) "Redaction" means obscuring or deleting any information	1131
that is exempt from the duty to permit public inspection or	1132
copying from an item that otherwise meets the definition of a	1133
"record" in section 149.011 of the Revised Code.	1134

(12) "Designee" and "elected official" have the same meanings	1135
as in section 109.43 of the Revised Code.	1136

(B)(1) Upon request and subject to division (B)(8) of this	1137
section, all public records responsive to the request shall be	1138
promptly prepared and made available for inspection to any person	1139
at all reasonable times during regular business hours. Subject to	1140
division (B)(8) of this section, upon request, a public office or	1141
person responsible for public records shall make copies of the	1142
requested public record available at cost and within a reasonable	1143
period of time. If a public record contains information that is	1144
exempt from the duty to permit public inspection or to copy the	1145
public record, the public office or the person responsible for the	1146
public record shall make available all of the information within	1147
the public record that is not exempt. When making that public	1148
record available for public inspection or copying that public	1149
record, the public office or the person responsible for the public	1150
record shall notify the requester of any redaction or make the	1151
redaction plainly visible. A redaction shall be deemed a denial of	1152
a request to inspect or copy the redacted information, except if	1153
federal or state law authorizes or requires a public office to	1154
make the redaction.	1155

(2) To facilitate broader access to public records, a public	1156
office or the person responsible for public records shall organize	1157
and maintain public records in a manner that they can be made	1158
available for inspection or copying in accordance with division	1159
(B) of this section. A public office also shall have available a	1160
copy of its current records retention schedule at a location	1161
readily available to the public. If a requester makes an ambiguous	1162
or overly broad request or has difficulty in making a request for	1163
copies or inspection of public records under this section such	1164
that the public office or the person responsible for the requested	1165
public record cannot reasonably identify what public records are	1166
being requested, the public office or the person responsible for	1167
the requested public record may deny the request but shall provide	1168
the requester with an opportunity to revise the request by	1169
informing the requester of the manner in which records are	1170
maintained by the public office and accessed in the ordinary	1171
course of the public office's or person's duties.	1172

(3) If a request is ultimately denied, in part or in whole,	1173
the public office or the person responsible for the requested	1174
public record shall provide the requester with an explanation,	1175
including legal authority, setting forth why the request was	1176
denied. If the initial request was provided in writing, the	1177
explanation also shall be provided to the requester in writing.	1178
The explanation shall not preclude the public office or the person	1179
responsible for the requested public record from relying upon	1180
additional reasons or legal authority in defending an action	1181
commenced under division (C) of this section.	1182

(4) Unless specifically required or authorized by state or	1183
federal law or in accordance with division (B) of this section, no	1184
public office or person responsible for public records may limit	1185
or condition the availability of public records by requiring	1186
disclosure of the requester's identity or the intended use of the	1187
requested public record. Any requirement that the requester	1188
disclose the requestor's identity or the intended use of the	1189
requested public record constitutes a denial of the request.	1190

(5) A public office or person responsible for public records	1191
may ask a requester to make the request in writing, may ask for	1192
the requester's identity, and may inquire about the intended use	1193
of the information requested, but may do so only after disclosing	1194
to the requester that a written request is not mandatory and that	1195
the requester may decline to reveal the requester's identity or	1196
the intended use and when a written request or disclosure of the	1197
identity or intended use would benefit the requester by enhancing	1198
the ability of the public office or person responsible for public	1199
records to identify, locate, or deliver the public records sought	1200
by the requester.	1201

(6) If any person chooses to obtain a copy of a public record	1202
in accordance with division (B) of this section, the public office	1203
or person responsible for the public record may require that	1204
person to pay in advance the cost involved in providing the copy	1205
of the public record in accordance with the choice made by the	1206
person seeking the copy under this division. The public office or	1207
the person responsible for the public record shall permit that	1208
person to choose to have the public record duplicated upon paper,	1209
upon the same medium upon which the public office or person	1210
responsible for the public record keeps it, or upon any other	1211
medium upon which the public office or person responsible for the	1212
public record determines that it reasonably can be duplicated as	1213
an integral part of the normal operations of the public office or	1214
person responsible for the public record. When the person seeking	1215
the copy makes a choice under this division, the public office or	1216
person responsible for the public record shall provide a copy of	1217
it in accordance with the choice made by the person seeking the	1218
copy. Nothing in this section requires a public office or person	1219
responsible for the public record to allow the person seeking a	1220
copy of the public record to make the copies of the public record.	1221

(7) Upon a request made in accordance with division (B) of	1222
this section and subject to division (B)(6) of this section, a	1223
public office or person responsible for public records shall	1224
transmit a copy of a public record to any person by United States	1225
mail or by any other means of delivery or transmission within a	1226
reasonable period of time after receiving the request for the	1227
copy. The public office or person responsible for the public	1228
record may require the person making the request to pay in advance	1229
the cost of postage if the copy is transmitted by United States	1230
mail or the cost of delivery if the copy is transmitted other than	1231
by United States mail, and to pay in advance the costs incurred	1232
for other supplies used in the mailing, delivery, or transmission.	1233

Any public office may adopt a policy and procedures that it	1234
will follow in transmitting, within a reasonable period of time	1235
after receiving a request, copies of public records by United	1236
States mail or by any other means of delivery or transmission	1237
pursuant to this division. A public office that adopts a policy	1238
and procedures under this division shall comply with them in	1239
performing its duties under this division.	1240

In any policy and procedures adopted under this division, a	1241
public office may limit the number of records requested by a	1242
person that the office will transmit by United States mail to ten	1243
per month, unless the person certifies to the office in writing	1244
that the person does not intend to use or forward the requested	1245
records, or the information contained in them, for commercial	1246
purposes. For purposes of this division, "commercial" shall be	1247
narrowly construed and does not include reporting or gathering	1248
news, reporting or gathering information to assist citizen	1249
oversight or understanding of the operation or activities of	1250
government, or nonprofit educational research.	1251

(8) A public office or person responsible for public records	1252
is not required to permit a person who is incarcerated pursuant to	1253
a criminal conviction or a juvenile adjudication to inspect or to	1254
obtain a copy of any public record concerning a criminal	1255
investigation or prosecution or concerning what would be a	1256
criminal investigation or prosecution if the subject of the	1257
investigation or prosecution were an adult, unless the request to	1258
inspect or to obtain a copy of the record is for the purpose of	1259
acquiring information that is subject to release as a public	1260
record under this section and the judge who imposed the sentence	1261
or made the adjudication with respect to the person, or the	1262
judge's successor in office, finds that the information sought in	1263
the public record is necessary to support what appears to be a	1264
justiciable claim of the person.	1265

(9)(a) Upon written request made and signed by a journalist	1266
on or after December 16, 1999, a public office, or person	1267
responsible for public records, having custody of the records of	1268
the agency employing a specified peace officer, parole officer,	1269
probation officer, bailiff, prosecuting attorney, assistant	1270
prosecuting attorney, correctional employee, community-based	1271
correctional facility employee, youth services employee,	1272
firefighter, EMT, or investigator of the bureau of criminal	1273
identification and investigation shall disclose to the journalist	1274
the address of the actual personal residence of the peace officer,	1275
parole officer, probation officer, bailiff, prosecuting attorney,	1276
assistant prosecuting attorney, correctional employee,	1277
community-based correctional facility employee, youth services	1278
employee, firefighter, EMT, or investigator of the bureau of	1279
criminal identification and investigation and, if the peace	1280
officer's, parole officer's, probation officer's, bailiff's,	1281
prosecuting attorney's, assistant prosecuting attorney's,	1282
correctional employee's, community-based correctional facility	1283
employee's, youth services employee's, firefighter's, EMT's, or	1284
investigator of the bureau of criminal identification and	1285
investigation's spouse, former spouse, or child is employed by a	1286
public office, the name and address of the employer of the peace	1287
officer's, parole officer's, probation officer's, bailiff's,	1288
prosecuting attorney's, assistant prosecuting attorney's,	1289
correctional employee's, community-based correctional facility	1290
employee's, youth services employee's, firefighter's, EMT's, or	1291
investigator of the bureau of criminal identification and	1292
investigation's spouse, former spouse, or child. The request shall	1293
include the journalist's name and title and the name and address	1294
of the journalist's employer and shall state that disclosure of	1295
the information sought would be in the public interest.	1296

(b) Division (B)(9)(a) of this section also applies to	1297
journalist requests for customer information maintained by a	1298
municipally owned or operated public utility, other than social	1299
security numbers and any private financial information such as	1300
credit reports, payment methods, credit card numbers, and bank	1301
account information.	1302

(c) As used in division (B)(9) of this section, "journalist"	1303
means a person engaged in, connected with, or employed by any news	1304
medium, including a newspaper, magazine, press association, news	1305
agency, or wire service, a radio or television station, or a	1306
similar medium, for the purpose of gathering, processing,	1307
transmitting, compiling, editing, or disseminating information for	1308
the general public.	1309

(C)(1) If a person allegedly is aggrieved by the failure of a	1310
public office or the person responsible for public records to	1311
promptly prepare a public record and to make it available to the	1312
person for inspection in accordance with division (B) of this	1313
section or by any other failure of a public office or the person	1314
responsible for public records to comply with an obligation in	1315
accordance with division (B) of this section, the person allegedly	1316
aggrieved may commence a mandamus action to obtain a judgment that	1317
orders the public office or the person responsible for the public	1318
record to comply with division (B) of this section, that awards	1319
court costs and reasonable attorney's fees to the person that	1320
instituted the mandamus action, and, if applicable, that includes	1321
an order fixing statutory damages under division (C)(1) of this	1322
section. The mandamus action may be commenced in the court of	1323
common pleas of the county in which division (B) of this section	1324
allegedly was not complied with, in the supreme court pursuant to	1325
its original jurisdiction under Section 2 of Article IV, Ohio	1326
Constitution, or in the court of appeals for the appellate	1327
district in which division (B) of this section allegedly was not	1328
complied with pursuant to its original jurisdiction under Section	1329
3 of Article IV, Ohio Constitution.	1330

If a requestor transmits a written request by hand delivery	1331
or certified mail to inspect or receive copies of any public	1332
record in a manner that fairly describes the public record or	1333
class of public records to the public office or person responsible	1334
for the requested public records, except as otherwise provided in	1335
this section, the requestor shall be entitled to recover the	1336
amount of statutory damages set forth in this division if a court	1337
determines that the public office or the person responsible for	1338
public records failed to comply with an obligation in accordance	1339
with division (B) of this section.	1340

The amount of statutory damages shall be fixed at one hundred	1341
dollars for each business day during which the public office or	1342
person responsible for the requested public records failed to	1343
comply with an obligation in accordance with division (B) of this	1344
section, beginning with the day on which the requester files a	1345
mandamus action to recover statutory damages, up to a maximum of	1346
one thousand dollars. The award of statutory damages shall not be	1347
construed as a penalty, but as compensation for injury arising	1348
from lost use of the requested information. The existence of this	1349
injury shall be conclusively presumed. The award of statutory	1350
damages shall be in addition to all other remedies authorized by	1351
this section.	1352

The court may reduce an award of statutory damages or not	1353
award statutory damages if the court determines both of the	1354
following:	1355

(a) That, based on the ordinary application of statutory law	1356
and case law as it existed at the time of the conduct or	1357
threatened conduct of the public office or person responsible for	1358
the requested public records that allegedly constitutes a failure	1359
to comply with an obligation in accordance with division (B) of	1360
this section and that was the basis of the mandamus action, a	1361
well-informed public office or person responsible for the	1362
requested public records reasonably would believe that the conduct	1363
or threatened conduct of the public office or person responsible	1364
for the requested public records did not constitute a failure to	1365
comply with an obligation in accordance with division (B) of this	1366
section;	1367

(b) That a well-informed public office or person responsible	1368
for the requested public records reasonably would believe that the	1369
conduct or threatened conduct of the public office or person	1370
responsible for the requested public records would serve the	1371
public policy that underlies the authority that is asserted as	1372
permitting that conduct or threatened conduct.	1373

(2)(a) If the court issues a writ of mandamus that orders the	1374
public office or the person responsible for the public record to	1375
comply with division (B) of this section and determines that the	1376
circumstances described in division (C)(1) of this section exist,	1377
the court shall determine and award to the relator all court	1378
costs.	1379

(b) If the court renders a judgment that orders the public	1380
office or the person responsible for the public record to comply	1381
with division (B) of this section, the court may award reasonable	1382
attorney's fees subject to reduction as described in division	1383
(C)(2)(c) of this section. The court shall award reasonable	1384
attorney's fees, subject to reduction as described in division	1385
(C)(2)(c) of this section when either of the following applies:	1386

(i) The public office or the person responsible for the	1387
public records failed to respond affirmatively or negatively to	1388
the public records request in accordance with the time allowed	1389
under division (B) of this section.	1390

(ii) The public office or the person responsible for the	1391
public records promised to permit the relator to inspect or	1392
receive copies of the public records requested within a specified	1393
period of time but failed to fulfill that promise within that	1394
specified period of time.	1395

(c) Court costs and reasonable attorney's fees awarded under	1396
this section shall be construed as remedial and not punitive.	1397
Reasonable attorney's fees shall include reasonable fees incurred	1398
to produce proof of the reasonableness and amount of the fees and	1399
to otherwise litigate entitlement to the fees. The court may	1400
reduce an award of attorney's fees to the relator or not award	1401
attorney's fees to the relator if the court determines both of the	1402
following:	1403

(i) That, based on the ordinary application of statutory law	1404
and case law as it existed at the time of the conduct or	1405
threatened conduct of the public office or person responsible for	1406
the requested public records that allegedly constitutes a failure	1407
to comply with an obligation in accordance with division (B) of	1408
this section and that was the basis of the mandamus action, a	1409
well-informed public office or person responsible for the	1410
requested public records reasonably would believe that the conduct	1411
or threatened conduct of the public office or person responsible	1412
for the requested public records did not constitute a failure to	1413
comply with an obligation in accordance with division (B) of this	1414
section;	1415

(ii) That a well-informed public office or person responsible	1416
for the requested public records reasonably would believe that the	1417
conduct or threatened conduct of the public office or person	1418
responsible for the requested public records as described in	1419
division (C)(2)(c)(i) of this section would serve the public	1420
policy that underlies the authority that is asserted as permitting	1421
that conduct or threatened conduct.	1422

(D) Chapter 1347. of the Revised Code does not limit the	1423
provisions of this section.	1424

(E)(1) To ensure that all employees of public offices are	1425
appropriately educated about a public office's obligations under	1426
division (B) of this section, all elected officials or their	1427
appropriate designees shall attend training approved by the	1428
attorney general as provided in section 109.43 of the Revised	1429
Code. In addition, all public offices shall adopt a public records	1430
policy in compliance with this section for responding to public	1431
records requests. In adopting a public records policy under this	1432
division, a public office may obtain guidance from the model	1433
public records policy developed and provided to the public office	1434
by the attorney general under section 109.43 of the Revised Code.	1435
Except as otherwise provided in this section, the policy may not	1436
limit the number of public records that the public office will	1437
make available to a single person, may not limit the number of	1438
public records that it will make available during a fixed period	1439
of time, and may not establish a fixed period of time before it	1440
will respond to a request for inspection or copying of public	1441
records, unless that period is less than eight hours.	1442

(2) The public office shall distribute the public records	1443
policy adopted by the public office under division (E)(1) of this	1444
section to the employee of the public office who is the records	1445
custodian or records manager or otherwise has custody of the	1446
records of that office. The public office shall require that	1447
employee to acknowledge receipt of the copy of the public records	1448
policy. The public office shall create a poster that describes its	1449
public records policy and shall post the poster in a conspicuous	1450
place in the public office and in all locations where the public	1451
office has branch offices. The public office may post its public	1452
records policy on the internet web site of the public office if	1453
the public office maintains an internet web site. A public office	1454
that has established a manual or handbook of its general policies	1455
and procedures for all employees of the public office shall	1456
include the public records policy of the public office in the	1457
manual or handbook.	1458

(F)(1) The bureau of motor vehicles may adopt rules pursuant	1459
to Chapter 119. of the Revised Code to reasonably limit the number	1460
of bulk commercial special extraction requests made by a person	1461
for the same records or for updated records during a calendar	1462
year. The rules may include provisions for charges to be made for	1463
bulk commercial special extraction requests for the actual cost of	1464
the bureau, plus special extraction costs, plus ten per cent. The	1465
bureau may charge for expenses for redacting information, the	1466
release of which is prohibited by law.	1467

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

1468

(a) "Actual cost" means the cost of depleted supplies,	1469
records storage media costs, actual mailing and alternative	1470
delivery costs, or other transmitting costs, and any direct	1471
equipment operating and maintenance costs, including actual costs	1472
paid to private contractors for copying services.	1473

(b) "Bulk commercial special extraction request" means a	1474
request for copies of a record for information in a format other	1475
than the format already available, or information that cannot be	1476
extracted without examination of all items in a records series,	1477
class of records, or database by a person who intends to use or	1478
forward the copies for surveys, marketing, solicitation, or resale	1479
for commercial purposes. "Bulk commercial special extraction	1480
request" does not include a request by a person who gives	1481
assurance to the bureau that the person making the request does	1482
not intend to use or forward the requested copies for surveys,	1483
marketing, solicitation, or resale for commercial purposes.	1484

(c) "Commercial" means profit-seeking production, buying, or	1485
selling of any good, service, or other product.	1486

(d) "Special extraction costs" means the cost of the time	1487
spent by the lowest paid employee competent to perform the task,	1488
the actual amount paid to outside private contractors employed by	1489
the bureau, or the actual cost incurred to create computer	1490
programs to make the special extraction. "Special extraction	1491
costs" include any charges paid to a public agency for computer or	1492
records services.	1493

(3) For purposes of divisions (F)(1) and (2) of this section,	1494
"surveys, marketing, solicitation, or resale for commercial	1495
purposes" shall be narrowly construed and does not include	1496
reporting or gathering news, reporting or gathering information to	1497
assist citizen oversight or understanding of the operation or	1498
activities of government, or nonprofit educational research.	1499

(G)(1) A public office that posts a public record on its web	1500
site, or on a public web site maintained or authorized by the	1501
state, shall make its best efforts to post the public record in an	1502
open format so that the public record, or the data contained in	1503
the public record, is capable of being searched, viewed, and	1504
downloaded by the public, and is in a format that is machine	1505
readable.	1506

A public office that opts in to posting public records online	1507
in an open format, and that has amended its public records policy	1508
to indicate it has opted to do so, shall make its best effort to	1509
continue to post such records online in an open format in	1510
accordance with its public records policy.	1511

(2) A public office that opts in to posting public records	1512
online in an open format shall include in the public office's	1513
public records policy a statement of which public records the	1514
public office posts in accordance with the requirements of	1515
division (G)(1) of this section. A public office shall submit to	1516
the DataOhio board, not later than thirty days after amending its	1517
public records policy regarding public records posted in	1518
accordance with the requirements of division (G)(1) of this	1519
section, the portion of its public records policy that states	1520
which public records are posted.	1521

(3) Nothing in this section requires a public office to post	1522
public records to a web site. A public office's decision regarding	1523
which public records to post in accordance with the requirements	1524
of division (G)(1) of this section, if any, is solely within the	1525
discretion of the public office. A public office's decision in	1526
this regard is final and may not be modified except by action of	1527
the public office.	1528

Section 4.  That the existing version of section 149.43 of	1529
the Revised Code that is scheduled to take effect on March 20,	1530
2015, is hereby repealed.	1531

Section 5.  Sections 3 and 4 of this act take effect on March	1532
20, 2015.	1533