Bill Text: OH HB77 | 2009-2010 | 128th General Assembly | Introduced

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Bill Title: To exclude the residential and familial information of a federal law enforcement officer from the definition of a public record, to include federal law enforcement officers among the protected individuals who are authorized to request a public office other than the county auditor to redact the person's address from any record made available to the general public on the internet, and to include those officers among the protected individuals who may request the county auditor to replace the person's name with the person's initials on the general tax list and duplicate.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2009-03-17 - To Civil & Commercial Law [HB77 Detail]

Download: Ohio-2009-HB77-Introduced.html

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As Introduced

128th General Assembly Regular Session 2009-2010

H. B. No. 77

Representative Snitchler 

Cosponsors: Representatives Evans, Grossman, Zehringer, Domenick, Okey, Harwood 

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A BILL

To amend sections 149.43, 149.45, 319.28, and 319.54

1

of the Revised Code to exclude the residential and

2

familial information of a federal law enforcement

3

officer from the definition of a public record, to

4

include federal law enforcement officers among the

5

protected individuals who are authorized to

6

request a public office other than the county

7

auditor to redact the person's address from any

8

record made available to the general public on the

9

internet, and to include those officers among the

10

protected individuals who may request the county

11

auditor to replace the person's name with the

12

person's initials on the general tax list and

13

duplicate.

14

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

Section 1. That sections 149.43, 149.45, 319.28, and 319.54	15
of the Revised Code be amended to read as follows:	16

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

17

(1) "Public record" means records kept by any public office,	18
including, but not limited to, state, county, city, village,	19
township, and school district units, and records pertaining to the	20
delivery of educational services by an alternative school in this	21
state kept by the nonprofit or for-profit entity operating the	22
alternative school pursuant to section 3313.533 of the Revised	23
Code. "Public record" does not mean any of the following:	24

(a) Medical records;

25

(b) Records pertaining to probation and parole proceedings or	26
to proceedings related to the imposition of community control	27
sanctions and post-release control sanctions;	28

(c) Records pertaining to actions under section 2151.85 and	29
division (C) of section 2919.121 of the Revised Code and to	30
appeals of actions arising under those sections;	31

(d) Records pertaining to adoption proceedings, including the	32
contents of an adoption file maintained by the department of	33
health under section 3705.12 of the Revised Code;	34

(e) Information in a record contained in the putative father	35
registry established by section 3107.062 of the Revised Code,	36
regardless of whether the information is held by the department of	37
job and family services or, pursuant to section 3111.69 of the	38
Revised Code, the office of child support in the department or a	39
child support enforcement agency;	40

(f) Records listed in division (A) of section 3107.42 of the	41
Revised Code or specified in division (A) of section 3107.52 of	42
the Revised Code;	43

(g) Trial preparation records;

44

(h) Confidential law enforcement investigatory records;

45

(i) Records containing information that is confidential under	46
section 2710.03 or 4112.05 of the Revised Code;	47

(j) DNA records stored in the DNA database pursuant to	48
section 109.573 of the Revised Code;	49

(k) Inmate records released by the department of	50
rehabilitation and correction to the department of youth services	51
or a court of record pursuant to division (E) of section 5120.21	52
of the Revised Code;	53

(l) Records maintained by the department of youth services	54
pertaining to children in its custody released by the department	55
of youth services to the department of rehabilitation and	56
correction pursuant to section 5139.05 of the Revised Code;	57

(m) Intellectual property records;

58

(n) Donor profile records;

59

(o) Records maintained by the department of job and family	60
services pursuant to section 3121.894 of the Revised Code;	61

(p) Peace officer, parole officer, prosecuting attorney,	62
assistant prosecuting attorney, correctional employee, youth	63
services employee, firefighter, or EMT, or federal law enforcement	64
officer residential and familial information;	65

(q) In the case of a county hospital operated pursuant to	66
Chapter 339. of the Revised Code or a municipal hospital operated	67
pursuant to Chapter 749. of the Revised Code, information that	68
constitutes a trade secret, as defined in section 1333.61 of the	69
Revised Code;	70

(r) Information pertaining to the recreational activities of	71
a person under the age of eighteen;	72

(s) Records provided to, statements made by review board	73
members during meetings of, and all work products of a child	74
fatality review board acting under sections 307.621 to 307.629 of	75
the Revised Code, other than the report prepared pursuant to	76
section 307.626 of the Revised Code;	77

(t) Records provided to and statements made by the executive	78
director of a public children services agency or a prosecuting	79
attorney acting pursuant to section 5153.171 of the Revised Code	80
other than the information released under that section;	81

(u) Test materials, examinations, or evaluation tools used in	82
an examination for licensure as a nursing home administrator that	83
the board of examiners of nursing home administrators administers	84
under section 4751.04 of the Revised Code or contracts under that	85
section with a private or government entity to administer;	86

(v) Records the release of which is prohibited by state or	87
federal law;	88

(w) Proprietary information of or relating to any person that	89
is submitted to or compiled by the Ohio venture capital authority	90
created under section 150.01 of the Revised Code;	91

(x) Information reported and evaluations conducted pursuant	92
to section 3701.072 of the Revised Code;	93

(y) Financial statements and data any person submits for any	94
purpose to the Ohio housing finance agency or the controlling	95
board in connection with applying for, receiving, or accounting	96
for financial assistance from the agency, and information that	97
identifies any individual who benefits directly or indirectly from	98
financial assistance from the agency;	99

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

100

(aa) Discharges recorded with a county recorder under section	101
317.24 of the Revised Code, as specified in division (B)(2) of	102
that section.	103

(2) "Confidential law enforcement investigatory record" means	104
any record that pertains to a law enforcement matter of a	105
criminal, quasi-criminal, civil, or administrative nature, but	106
only to the extent that the release of the record would create a	107
high probability of disclosure of any of the following:	108

(a) The identity of a suspect who has not been charged with	109
the offense to which the record pertains, or of an information	110
source or witness to whom confidentiality has been reasonably	111
promised;	112

(b) Information provided by an information source or witness	113
to whom confidentiality has been reasonably promised, which	114
information would reasonably tend to disclose the source's or	115
witness's identity;	116

(c) Specific confidential investigatory techniques or	117
procedures or specific investigatory work product;	118

(d) Information that would endanger the life or physical	119
safety of law enforcement personnel, a crime victim, a witness, or	120
a confidential information source.	121

(3) "Medical record" means any document or combination of	122
documents, except births, deaths, and the fact of admission to or	123
discharge from a hospital, that pertains to the medical history,	124
diagnosis, prognosis, or medical condition of a patient and that	125
is generated and maintained in the process of medical treatment.	126

(4) "Trial preparation record" means any record that contains	127
information that is specifically compiled in reasonable	128
anticipation of, or in defense of, a civil or criminal action or	129
proceeding, including the independent thought processes and	130
personal trial preparation of an attorney.	131

(5) "Intellectual property record" means a record, other than	132
a financial or administrative record, that is produced or	133
collected by or for faculty or staff of a state institution of	134
higher learning in the conduct of or as a result of study or	135
research on an educational, commercial, scientific, artistic,	136
technical, or scholarly issue, regardless of whether the study or	137
research was sponsored by the institution alone or in conjunction	138
with a governmental body or private concern, and that has not been	139
publicly released, published, or patented.	140

(6) "Donor profile record" means all records about donors or	141
potential donors to a public institution of higher education	142
except the names and reported addresses of the actual donors and	143
the date, amount, and conditions of the actual donation.	144

(7) "Peace officer, parole officer, prosecuting attorney,	145
assistant prosecuting attorney, correctional employee, youth	146
services employee, firefighter, or EMT, or federal law enforcement	147
officer residential and familial information" means any	148
information that discloses any of the following about a peace	149
officer, parole officer, prosecuting attorney, assistant	150
prosecuting attorney, correctional employee, youth services	151
employee, firefighter, or EMT, or federal law enforcement officer:	152

(a) The address of the actual personal residence of a peace	153
officer, parole officer, assistant prosecuting attorney,	154
correctional employee, youth services employee, firefighter, or	155
EMT, or federal law enforcement officer, except for the state or	156
political subdivision in which the peace officer, parole officer,	157
assistant prosecuting attorney, correctional employee, youth	158
services employee, firefighter, or EMT, or federal law	159
enforcement officer resides;	160

(b) Information compiled from referral to or participation in	161
an employee assistance program;	162

(c) The social security number, the residential telephone	163
number, any bank account, debit card, charge card, or credit card	164
number, or the emergency telephone number of, or any medical	165
information pertaining to, a peace officer, parole officer,	166
prosecuting attorney, assistant prosecuting attorney, correctional	167
employee, youth services employee, firefighter, or EMT, or federal	168
law enforcement officer;	169

(d) The name of any beneficiary of employment benefits,	170
including, but not limited to, life insurance benefits, provided	171
to a peace officer, parole officer, prosecuting attorney,	172
assistant prosecuting attorney, correctional employee, youth	173
services employee, firefighter, or EMT, or federal law enforcement	174
officer by the peace officer's, parole officer's, prosecuting	175
attorney's, assistant prosecuting attorney's, correctional	176
employee's, youth services employee's, firefighter's, or EMT's, or	177
federal law enforcement officer's employer;	178

(e) The identity and amount of any charitable or employment	179
benefit deduction made by the peace officer's, parole officer's,	180
prosecuting attorney's, assistant prosecuting attorney's,	181
correctional employee's, youth services employee's, firefighter's,	182
or EMT's, or federal law enforcement officer's employer from the	183
peace officer's, parole officer's, prosecuting attorney's,	184
assistant prosecuting attorney's, correctional employee's, youth	185
services employee's, firefighter's, or EMT's, or federal law	186
enforcement officer's compensation unless the amount of the	187
deduction is required by state or federal law;	188

(f) The name, the residential address, the name of the	189
employer, the address of the employer, the social security number,	190
the residential telephone number, any bank account, debit card,	191
charge card, or credit card number, or the emergency telephone	192
number of the spouse, a former spouse, or any child of a peace	193
officer, parole officer, prosecuting attorney, assistant	194
prosecuting attorney, correctional employee, youth services	195
employee, firefighter, or EMT, or federal law enforcement officer;	196

(g) A photograph of a peace officer or federal law	197
enforcement officer who holds a position or has an assignment	198
that may include undercover or plain clothes positions or	199
assignments as determined by the peace officer's or federal law	200
enforcement officer's appointing authority.	201

As used in divisions (A)(7) and (B)(9) of this section,	202
"peace officer" has the same meaning as in section 109.71 of the	203
Revised Code and also includes the superintendent and troopers of	204
the state highway patrol; it does not include the sheriff of a	205
county or a supervisory employee who, in the absence of the	206
sheriff, is authorized to stand in for, exercise the authority of,	207
and perform the duties of the sheriff.	208

As used in divisions (A)(7) and (B)(5) of this section,	209
"correctional employee" means any employee of the department of	210
rehabilitation and correction who in the course of performing the	211
employee's job duties has or has had contact with inmates and	212
persons under supervision.	213

As used in divisions (A)(7) and (B)(5) of this section,	214
"youth services employee" means any employee of the department of	215
youth services who in the course of performing the employee's job	216
duties has or has had contact with children committed to the	217
custody of the department of youth services.	218

As used in divisions (A)(7) and (B)(9) of this section,	219
"firefighter" means any regular, paid or volunteer, member of a	220
lawfully constituted fire department of a municipal corporation,	221
township, fire district, or village.	222

As used in divisions (A)(7) and (B)(9) of this section, "EMT"	223
means EMTs-basic, EMTs-I, and paramedics that provide emergency	224
medical services for a public emergency medical service	225
organization. "Emergency medical service organization,"	226
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in	227
section 4765.01 of the Revised Code.	228

As used in divisions (A)(7) and (B)(9) of this section,	229
"federal law enforcement officer" means any officer of the United	230
States who is authorized by federal law to conduct any	231
investigation of, and make any arrest for, any offense against the	232
United States in violation of federal law.	233

(8) "Information pertaining to the recreational activities of	234
a person under the age of eighteen" means information that is kept	235
in the ordinary course of business by a public office, that	236
pertains to the recreational activities of a person under the age	237
of eighteen years, and that discloses any of the following:	238

(a) The address or telephone number of a person under the age	239
of eighteen or the address or telephone number of that person's	240
parent, guardian, custodian, or emergency contact person;	241

(b) The social security number, birth date, or photographic	242
image of a person under the age of eighteen;	243

(c) Any medical record, history, or information pertaining to	244
a person under the age of eighteen;	245

(d) Any additional information sought or required about a	246
person under the age of eighteen for the purpose of allowing that	247
person to participate in any recreational activity conducted or	248
sponsored by a public office or to use or obtain admission	249
privileges to any recreational facility owned or operated by a	250
public office.	251

(9) "Community control sanction" has the same meaning as in	252
section 2929.01 of the Revised Code.	253

(10) "Post-release control sanction" has the same meaning as	254
in section 2967.01 of the Revised Code.	255

(11) "Redaction" means obscuring or deleting any information	256
that is exempt from the duty to permit public inspection or	257
copying from an item that otherwise meets the definition of a	258
"record" in section 149.011 of the Revised Code.	259

(12) "Designee" and "elected official" have the same meanings	260
as in section 109.43 of the Revised Code.	261

(B)(1) Upon request and subject to division (B)(8) of this	262
section, all public records responsive to the request shall be	263
promptly prepared and made available for inspection to any person	264
at all reasonable times during regular business hours. Subject to	265
division (B)(8) of this section, upon request, a public office or	266
person responsible for public records shall make copies of the	267
requested public record available at cost and within a reasonable	268
period of time. If a public record contains information that is	269
exempt from the duty to permit public inspection or to copy the	270
public record, the public office or the person responsible for the	271
public record shall make available all of the information within	272
the public record that is not exempt. When making that public	273
record available for public inspection or copying that public	274
record, the public office or the person responsible for the public	275
record shall notify the requester of any redaction or make the	276
redaction plainly visible. A redaction shall be deemed a denial of	277
a request to inspect or copy the redacted information, except if	278
federal or state law authorizes or requires a public office to	279
make the redaction.	280

(2) To facilitate broader access to public records, a public	281
office or the person responsible for public records shall organize	282
and maintain public records in a manner that they can be made	283
available for inspection or copying in accordance with division	284
(B) of this section. A public office also shall have available a	285
copy of its current records retention schedule at a location	286
readily available to the public. If a requester makes an ambiguous	287
or overly broad request or has difficulty in making a request for	288
copies or inspection of public records under this section such	289
that the public office or the person responsible for the requested	290
public record cannot reasonably identify what public records are	291
being requested, the public office or the person responsible for	292
the requested public record may deny the request but shall provide	293
the requester with an opportunity to revise the request by	294
informing the requester of the manner in which records are	295
maintained by the public office and accessed in the ordinary	296
course of the public office's or person's duties.	297

(3) If a request is ultimately denied, in part or in whole,	298
the public office or the person responsible for the requested	299
public record shall provide the requester with an explanation,	300
including legal authority, setting forth why the request was	301
denied. If the initial request was provided in writing, the	302
explanation also shall be provided to the requester in writing.	303
The explanation shall not preclude the public office or the person	304
responsible for the requested public record from relying upon	305
additional reasons or legal authority in defending an action	306
commenced under division (C) of this section.	307

(4) Unless specifically required or authorized by state or	308
federal law or in accordance with division (B) of this section, no	309
public office or person responsible for public records may limit	310
or condition the availability of public records by requiring	311
disclosure of the requester's identity or the intended use of the	312
requested public record. Any requirement that the requester	313
disclose the requestor's identity or the intended use of the	314
requested public record constitutes a denial of the request.	315

(5) A public office or person responsible for public records	316
may ask a requester to make the request in writing, may ask for	317
the requester's identity, and may inquire about the intended use	318
of the information requested, but may do so only after disclosing	319
to the requester that a written request is not mandatory and that	320
the requester may decline to reveal the requester's identity or	321
the intended use and when a written request or disclosure of the	322
identity or intended use would benefit the requester by enhancing	323
the ability of the public office or person responsible for public	324
records to identify, locate, or deliver the public records sought	325
by the requester.	326

(6) If any person chooses to obtain a copy of a public record	327
in accordance with division (B) of this section, the public office	328
or person responsible for the public record may require that	329
person to pay in advance the cost involved in providing the copy	330
of the public record in accordance with the choice made by the	331
person seeking the copy under this division. The public office or	332
the person responsible for the public record shall permit that	333
person to choose to have the public record duplicated upon paper,	334
upon the same medium upon which the public office or person	335
responsible for the public record keeps it, or upon any other	336
medium upon which the public office or person responsible for the	337
public record determines that it reasonably can be duplicated as	338
an integral part of the normal operations of the public office or	339
person responsible for the public record. When the person seeking	340
the copy makes a choice under this division, the public office or	341
person responsible for the public record shall provide a copy of	342
it in accordance with the choice made by the person seeking the	343
copy. Nothing in this section requires a public office or person	344
responsible for the public record to allow the person seeking a	345
copy of the public record to make the copies of the public record.	346

(7) Upon a request made in accordance with division (B) of	347
this section and subject to division (B)(6) of this section, a	348
public office or person responsible for public records shall	349
transmit a copy of a public record to any person by United States	350
mail or by any other means of delivery or transmission within a	351
reasonable period of time after receiving the request for the	352
copy. The public office or person responsible for the public	353
record may require the person making the request to pay in advance	354
the cost of postage if the copy is transmitted by United States	355
mail or the cost of delivery if the copy is transmitted other than	356
by United States mail, and to pay in advance the costs incurred	357
for other supplies used in the mailing, delivery, or transmission.	358

Any public office may adopt a policy and procedures that it	359
will follow in transmitting, within a reasonable period of time	360
after receiving a request, copies of public records by United	361
States mail or by any other means of delivery or transmission	362
pursuant to this division. A public office that adopts a policy	363
and procedures under this division shall comply with them in	364
performing its duties under this division.	365

In any policy and procedures adopted under this division, a	366
public office may limit the number of records requested by a	367
person that the office will transmit by United States mail to ten	368
per month, unless the person certifies to the office in writing	369
that the person does not intend to use or forward the requested	370
records, or the information contained in them, for commercial	371
purposes. For purposes of this division, "commercial" shall be	372
narrowly construed and does not include reporting or gathering	373
news, reporting or gathering information to assist citizen	374
oversight or understanding of the operation or activities of	375
government, or nonprofit educational research.	376

(8) A public office or person responsible for public records	377
is not required to permit a person who is incarcerated pursuant to	378
a criminal conviction or a juvenile adjudication to inspect or to	379
obtain a copy of any public record concerning a criminal	380
investigation or prosecution or concerning what would be a	381
criminal investigation or prosecution if the subject of the	382
investigation or prosecution were an adult, unless the request to	383
inspect or to obtain a copy of the record is for the purpose of	384
acquiring information that is subject to release as a public	385
record under this section and the judge who imposed the sentence	386
or made the adjudication with respect to the person, or the	387
judge's successor in office, finds that the information sought in	388
the public record is necessary to support what appears to be a	389
justiciable claim of the person.	390

(9) Upon written request made and signed by a journalist on	391
or after December 16, 1999, a public office, or person responsible	392
for public records, having custody of the records of the agency	393
employing a specified peace officer, parole officer, prosecuting	394
attorney, assistant prosecuting attorney, correctional employee,	395
youth services employee, firefighter, or EMT, or federal law	396
enforcement officer shall disclose to the journalist the address	397
of the actual personal residence of the peace officer, parole	398
officer, prosecuting attorney, assistant prosecuting attorney,	399
correctional employee, youth services employee, firefighter, or	400
EMT, or federal law enforcement officer and, if the peace	401
officer's, parole officer's, prosecuting attorney's, assistant	402
prosecuting attorney's, correctional employee's, youth services	403
employee's, firefighter's, or EMT's, or federal law enforcement	404
officer's spouse, former spouse, or child is employed by a public	405
office, the name and address of the employer of the peace	406
officer's, parole officer's, prosecuting attorney's, assistant	407
prosecuting attorney's, correctional employee's, youth services	408
employee's, firefighter's, or EMT's, or federal law enforcement	409
officer's spouse, former spouse, or child. The request shall	410
include the journalist's name and title and the name and address	411
of the journalist's employer and shall state that disclosure of	412
the information sought would be in the public interest.	413

As used in this division, "journalist" means a person engaged	414
in, connected with, or employed by any news medium, including a	415
newspaper, magazine, press association, news agency, or wire	416
service, a radio or television station, or a similar medium, for	417
the purpose of gathering, processing, transmitting, compiling,	418
editing, or disseminating information for the general public.	419

(C)(1) If a person allegedly is aggrieved by the failure of a	420
public office or the person responsible for public records to	421
promptly prepare a public record and to make it available to the	422
person for inspection in accordance with division (B) of this	423
section or by any other failure of a public office or the person	424
responsible for public records to comply with an obligation in	425
accordance with division (B) of this section, the person allegedly	426
aggrieved may commence a mandamus action to obtain a judgment that	427
orders the public office or the person responsible for the public	428
record to comply with division (B) of this section, that awards	429
court costs and reasonable attorney's fees to the person that	430
instituted the mandamus action, and, if applicable, that includes	431
an order fixing statutory damages under division (C)(1) of this	432
section. The mandamus action may be commenced in the court of	433
common pleas of the county in which division (B) of this section	434
allegedly was not complied with, in the supreme court pursuant to	435
its original jurisdiction under Section 2 of Article IV, Ohio	436
Constitution, or in the court of appeals for the appellate	437
district in which division (B) of this section allegedly was not	438
complied with pursuant to its original jurisdiction under Section	439
3 of Article IV, Ohio Constitution.	440

If a requestor transmits a written request by hand delivery	441
or certified mail to inspect or receive copies of any public	442
record in a manner that fairly describes the public record or	443
class of public records to the public office or person responsible	444
for the requested public records, except as otherwise provided in	445
this section, the requestor shall be entitled to recover the	446
amount of statutory damages set forth in this division if a court	447
determines that the public office or the person responsible for	448
public records failed to comply with an obligation in accordance	449
with division (B) of this section.	450

The amount of statutory damages shall be fixed at one hundred	451
dollars for each business day during which the public office or	452
person responsible for the requested public records failed to	453
comply with an obligation in accordance with division (B) of this	454
section, beginning with the day on which the requester files a	455
mandamus action to recover statutory damages, up to a maximum of	456
one thousand dollars. The award of statutory damages shall not be	457
construed as a penalty, but as compensation for injury arising	458
from lost use of the requested information. The existence of this	459
injury shall be conclusively presumed. The award of statutory	460
damages shall be in addition to all other remedies authorized by	461
this section.	462

The court may reduce an award of statutory damages or not	463
award statutory damages if the court determines both of the	464
following:	465

(a) That, based on the ordinary application of statutory law	466
and case law as it existed at the time of the conduct or	467
threatened conduct of the public office or person responsible for	468
the requested public records that allegedly constitutes a failure	469
to comply with an obligation in accordance with division (B) of	470
this section and that was the basis of the mandamus action, a	471
well-informed public office or person responsible for the	472
requested public records reasonably would believe that the conduct	473
or threatened conduct of the public office or person responsible	474
for the requested public records did not constitute a failure to	475
comply with an obligation in accordance with division (B) of this	476
section;	477

(b) That a well-informed public office or person responsible	478
for the requested public records reasonably would believe that the	479
conduct or threatened conduct of the public office or person	480
responsible for the requested public records would serve the	481
public policy that underlies the authority that is asserted as	482
permitting that conduct or threatened conduct.	483

(2)(a) If the court issues a writ of mandamus that orders the	484
public office or the person responsible for the public record to	485
comply with division (B) of this section and determines that the	486
circumstances described in division (C)(1) of this section exist,	487
the court shall determine and award to the relator all court	488
costs.	489

(b) If the court renders a judgment that orders the public	490
office or the person responsible for the public record to comply	491
with division (B) of this section, the court may award reasonable	492
attorney's fees subject to reduction as described in division	493
(C)(2)(c) of this section. The court shall award reasonable	494
attorney's fees, subject to reduction as described in division	495
(C)(2)(c) of this section when either of the following applies:	496

(i) The public office or the person responsible for the	497
public records failed to respond affirmatively or negatively to	498
the public records request in accordance with the time allowed	499
under division (B) of this section.	500

(ii) The public office or the person responsible for the	501
public records promised to permit the relator to inspect or	502
receive copies of the public records requested within a specified	503
period of time but failed to fulfill that promise within that	504
specified period of time.	505

(c) Court costs and reasonable attorney's fees awarded under	506
this section shall be construed as remedial and not punitive.	507
Reasonable attorney's fees shall include reasonable fees incurred	508
to produce proof of the reasonableness and amount of the fees and	509
to otherwise litigate entitlement to the fees. The court may	510
reduce an award of attorney's fees to the relator or not award	511
attorney's fees to the relator if the court determines both of the	512
following:	513

(i) That, based on the ordinary application of statutory law	514
and case law as it existed at the time of the conduct or	515
threatened conduct of the public office or person responsible for	516
the requested public records that allegedly constitutes a failure	517
to comply with an obligation in accordance with division (B) of	518
this section and that was the basis of the mandamus action, a	519
well-informed public office or person responsible for the	520
requested public records reasonably would believe that the conduct	521
or threatened conduct of the public office or person responsible	522
for the requested public records did not constitute a failure to	523
comply with an obligation in accordance with division (B) of this	524
section;	525

(ii) That a well-informed public office or person responsible	526
for the requested public records reasonably would believe that the	527
conduct or threatened conduct of the public office or person	528
responsible for the requested public records as described in	529
division (C)(2)(c)(i) of this section would serve the public	530
policy that underlies the authority that is asserted as permitting	531
that conduct or threatened conduct.	532

(D) Chapter 1347. of the Revised Code does not limit the	533
provisions of this section.	534

(E)(1) To ensure that all employees of public offices are	535
appropriately educated about a public office's obligations under	536
division (B) of this section, all elected officials or their	537
appropriate designees shall attend training approved by the	538
attorney general as provided in section 109.43 of the Revised	539
Code. In addition, all public offices shall adopt a public records	540
policy in compliance with this section for responding to public	541
records requests. In adopting a public records policy under this	542
division, a public office may obtain guidance from the model	543
public records policy developed and provided to the public office	544
by the attorney general under section 109.43 of the Revised Code.	545
Except as otherwise provided in this section, the policy may not	546
limit the number of public records that the public office will	547
make available to a single person, may not limit the number of	548
public records that it will make available during a fixed period	549
of time, and may not establish a fixed period of time before it	550
will respond to a request for inspection or copying of public	551
records, unless that period is less than eight hours.	552

(2) The public office shall distribute the public records	553
policy adopted by the public office under division (E)(1) of this	554
section to the employee of the public office who is the records	555
custodian or records manager or otherwise has custody of the	556
records of that office. The public office shall require that	557
employee to acknowledge receipt of the copy of the public records	558
policy. The public office shall create a poster that describes its	559
public records policy and shall post the poster in a conspicuous	560
place in the public office and in all locations where the public	561
office has branch offices. The public office may post its public	562
records policy on the internet web site of the public office if	563
the public office maintains an internet web site. A public office	564
that has established a manual or handbook of its general policies	565
and procedures for all employees of the public office shall	566
include the public records policy of the public office in the	567
manual or handbook.	568

(F)(1) The bureau of motor vehicles may adopt rules pursuant	569
to Chapter 119. of the Revised Code to reasonably limit the number	570
of bulk commercial special extraction requests made by a person	571
for the same records or for updated records during a calendar	572
year. The rules may include provisions for charges to be made for	573
bulk commercial special extraction requests for the actual cost of	574
the bureau, plus special extraction costs, plus ten per cent. The	575
bureau may charge for expenses for redacting information, the	576
release of which is prohibited by law.	577

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

578

(a) "Actual cost" means the cost of depleted supplies,	579
records storage media costs, actual mailing and alternative	580
delivery costs, or other transmitting costs, and any direct	581
equipment operating and maintenance costs, including actual costs	582
paid to private contractors for copying services.	583

(b) "Bulk commercial special extraction request" means a	584
request for copies of a record for information in a format other	585
than the format already available, or information that cannot be	586
extracted without examination of all items in a records series,	587
class of records, or data base by a person who intends to use or	588
forward the copies for surveys, marketing, solicitation, or resale	589
for commercial purposes. "Bulk commercial special extraction	590
request" does not include a request by a person who gives	591
assurance to the bureau that the person making the request does	592
not intend to use or forward the requested copies for surveys,	593
marketing, solicitation, or resale for commercial purposes.	594

(c) "Commercial" means profit-seeking production, buying, or	595
selling of any good, service, or other product.	596

(d) "Special extraction costs" means the cost of the time	597
spent by the lowest paid employee competent to perform the task,	598
the actual amount paid to outside private contractors employed by	599
the bureau, or the actual cost incurred to create computer	600
programs to make the special extraction. "Special extraction	601
costs" include any charges paid to a public agency for computer or	602
records services.	603

(3) For purposes of divisions (F)(1) and (2) of this section,	604
"surveys, marketing, solicitation, or resale for commercial	605
purposes" shall be narrowly construed and does not include	606
reporting or gathering news, reporting or gathering information to	607
assist citizen oversight or understanding of the operation or	608
activities of government, or nonprofit educational research.	609

Sec. 149.45. (A) As used in this section:

610

(1) "Personal information" means any of the following:

611

(a) An individual's social security number;

612

(b) An individual's federal tax identification number;

613

(c) An individual's driver's license number or state	614
identification number;	615

(d) An individual's checking account number, savings account	616
number, or credit card number.	617

(2) "Public record" and "peace officer, parole officer,	618
prosecuting attorney, assistant prosecuting attorney,	619
correctional employee, youth services employee, firefighter, or	620
EMT residential and familial information" have the same meanings	621
as in section 149.43 of the Revised Code.	622

(3) "Truncate" means to redact all but the last four digits	623
of an individual's social security number.	624

(4) "Federal law enforcement officer" means any officer of	625
the United States who is authorized by federal law to conduct any	626
investigation of, and make any arrest for, any offense against the	627
United States in violation of federal law.	628

(B)(1) No public office or person responsible for a public	629
office's public records shall make available to the general public	630
on the internet any document that contains an individual's social	631
security number without otherwise redacting, encrypting, or	632
truncating the social security number.	633

(2) A public office or person responsible for a public	634
office's public records that prior to the effective date of this	635
section made available to the general public on the internet any	636
document that contains an individual's social security number	637
shall redact, encrypt, or truncate the social security number	638
from that document.	639

(3) Divisions (B)(1) and (2) of this section do not apply to	640
documents that are only accessible through the internet with a	641
password.	642

(C)(1) An individual may request that a public office or a	643
person responsible for a public office's public records redact	644
personal information of that individual from any record made	645
available to the general public on the internet. An individual who	646
makes a request for redaction pursuant to this division shall	647
make the request in writing on a form developed by the attorney	648
general and shall specify the personal information to be	649
redacted and provide any information that identifies the	650
location of that personal information within a document that	651
contains that personal information.	652

(2) Upon receiving a request for a redaction pursuant to	653
division (C)(1) of this section, a public office or a person	654
responsible for a public office's public records shall act within	655
five business days in accordance with the request to redact the	656
personal information of the individual from any record made	657
available to the general public on the internet, if practicable.	658
If a redaction is not practicable, the public office or person	659
responsible for the public office's public records shall verbally	660
or in writing within five business days after receiving the	661
written request explain to the individual why the redaction is	662
impracticable.	663

(3) The attorney general shall develop a form to be used by	664
an individual to request a redaction pursuant to division (C)(1)	665
of this section. The form shall include a place to provide any	666
information that identifies the location of the personal	667
information to be redacted.	668

(D)(1) A peace officer, parole officer, prosecuting	669
attorney, assistant prosecuting attorney, correctional employee,	670
youth services employee, firefighter, or EMT, or federal law	671
enforcement officer may request that a public office other than	672
a county auditor or a person responsible for the public records	673
of a public office other than a county auditor redact the address	674
of the person making the request from any record made available	675
to the general public on the internet that includes peace	676
officer, parole officer, prosecuting attorney, assistant	677
prosecuting attorney, correctional employee, youth services	678
employee, firefighter, or EMT, or federal law enforcement officer	679
residential and familial information of the person making the	680
request. A person who makes a request for a redaction pursuant	681
to this division shall make the request in writing and on a	682
form developed by the attorney general.	683

(2) Upon receiving a written request for a redaction pursuant	684
to division (D)(1) of this section, a public office other than a	685
county auditor or a person responsible for the public records of a	686
public office other than a county auditor shall act within five	687
business days in accordance with the request to redact the	688
address of the peace officer, parole officer, prosecuting	689
attorney, assistant prosecuting attorney, correctional employee,	690
youth services employee, firefighter, or EMT, or federal law	691
enforcement officer making the request from any record made	692
available to the general public on the internet that includes	693
peace officer, parole officer, prosecuting attorney, assistant	694
prosecuting attorney, correctional employee, youth services	695
employee, firefighter, or EMT, or federal law enforcement officer	696
residential and familial information of the person making the	697
request, if practicable. If a redaction is not practicable, the	698
public office or person responsible for the public office's	699
public records shall verbally or in writing within five business	700
days after receiving the written request explain to the peace	701
officer, parole officer, prosecuting attorney, assistant	702
prosecuting attorney, correctional employee, youth services	703
employee, firefighter, or EMT, or federal law enforcement officer	704
why the redaction is impracticable.	705

(3) Except as provided in this section and section 319.28 of	706
the Revised Code, a public office other than an employer of a	707
peace officer, parole officer, prosecuting attorney, assistant	708
prosecuting attorney, correctional employee, youth services	709
employee, firefighter, or EMT, or federal law enforcement officer	710
or a person responsible for the public records of the employer is	711
not required to redact the residential and familial information	712
of the peace officer, parole officer, prosecuting attorney,	713
assistant prosecuting attorney, correctional employee, youth	714
services employee, firefighter, or EMT, or federal law	715
enforcement officer from other records maintained by the public	716
office.	717

(4) The attorney general shall develop a form to be used by a	718
peace officer, parole officer, prosecuting attorney, assistant	719
prosecuting attorney, correctional employee, youth services	720
employee, firefighter, or EMT, or federal law enforcement officer	721
to request a redaction pursuant to division (D)(1) of this	722
section. The form shall include a place to provide any	723
information that identifies the location of the address of a	724
peace officer, parole officer, prosecuting attorney, assistant	725
prosecuting attorney, correctional employee, youth services	726
employee, firefighter, or EMT, or federal law enforcement officer	727
to be redacted.	728

(E)(1) If a public office or a person responsible for a	729
public office's public records becomes aware that an electronic	730
record of that public office that is made available to the	731
general public on the internet contains an individual's social	732
security number that was mistakenly not redacted, encrypted, or	733
truncated as required by division (B)(1) or (2) of this section,	734
the public office or person responsible for the public office's	735
public records shall redact, encrypt, or truncate the	736
individual's social security number within a reasonable period of	737
time.	738

(2) A public office or a person responsible for a public	739
office's public records is not liable in damages in a civil action	740
for any harm an individual allegedly sustains as a result of the	741
inclusion of that individual's personal information on any record	742
made available to the general public on the internet or any harm a	743
peace officer, parole officer, prosecuting attorney, assistant	744
prosecuting attorney, correctional employee, youth services	745
employee, firefighter, or EMT, or federal law enforcement officer	746
sustains as a result of the inclusion of the address of the	747
peace officer, parole officer, prosecuting attorney, assistant	748
prosecuting attorney, correctional employee, youth services	749
employee, firefighter, or EMT on any record made available to	750
the general public on the internet in violation of this section	751
unless the public office or person responsible for the public	752
office's public records acted with malicious purpose, in bad	753
faith, or in a wanton or reckless manner or division (A)(6)(a)	754
or (c) of section 2744.03 of the Revised Code applies.	755

Sec. 319.28.  (A) Except as otherwise provided in division	756
(B) of this section, on or before the first Monday of August,	757
annually, the county auditor shall compile and make up a general	758
tax list of real and public utility property in the county, either	759
in tabular form and alphabetical order, or, with the consent of	760
the county treasurer, by listing all parcels in a permanent parcel	761
number sequence to which a separate alphabetical index is keyed,	762
containing the names of the several persons, companies, firms,	763
partnerships, associations, and corporations in whose names real	764
property has been listed in each township, municipal corporation,	765
special district, or separate school district, or part of either	766
in the auditor's county, placing separately, in appropriate	767
columns opposite each name, the description of each tract, lot, or	768
parcel of real estate, the value of each tract, lot, or parcel,	769
the value of the improvements thereon, and of the names of the	770
several public utilities whose property, subject to taxation on	771
the general tax list and duplicate, has been apportioned by the	772
department of taxation to the county, and the amount so	773
apportioned to each township, municipal corporation, special	774
district, or separate school district or part of either in the	775
auditor's county, as shown by the certificates of apportionment of	776
public utility property. If the name of the owner of any tract,	777
lot, or parcel of real estate is unknown to the auditor, "unknown"	778
shall be entered in the column of names opposite said tract, lot,	779
or parcel. Such lists shall be prepared in duplicate. On or before	780
the first Monday of September in each year, the auditor shall	781
correct such lists in accordance with the additions and deductions	782
ordered by the tax commissioner and by the county board of	783
revision, and shall certify and on the first day of October	784
deliver one copy thereof to the county treasurer. The copies	785
prepared by the auditor shall constitute the auditor's general tax	786
list and treasurer's general duplicate of real and public utility	787
property for the current year.	788

Once a permanent parcel numbering system has been established	789
in any county as provided by the preceding paragraph, such system	790
shall remain in effect until otherwise agreed upon by the county	791
auditor and county treasurer.	792

(B)(1) A peace officer, parole officer, prosecuting attorney,	793
assistant prosecuting attorney, correctional employee, youth	794
services employee, firefighter, or EMT, or federal law enforcement	795
officer may submit a written request by affidavit to the county	796
auditor requesting the county auditor to remove the name of the	797
peace officer, parole officer, prosecuting attorney, assistant	798
prosecuting attorney, correctional employee, youth services	799
employee, firefighter, or EMT, or federal law enforcement officer	800
from the general tax list of real and public utility property	801
and the general duplicate of real and public utility property and	802
insert the initials of the peace officer, parole officer,	803
prosecuting attorney, assistant prosecuting attorney,	804
correctional employee, youth services employee, firefighter, or	805
EMT, or federal law enforcement officer on the general tax list	806
of real and public utility property and the general duplicate of	807
real and public utility property as the name of the peace	808
officialofficer, parole officer, prosecuting attorney,	809
assistant prosecuting attorney, correctional employee, youth	810
services employee, firefighter, or EMT, or federal law	811
enforcement officer that appears on the deed.	812

(2) Upon receiving a written request by affidavit described	813
in division (B)(1) of this section, the county auditor shall act	814
within five business days in accordance with the request to	815
remove the name of the peace officer, parole officer, prosecuting	816
attorney, assistant prosecuting attorney, correctional employee,	817
youth services employee, firefighter, or EMT, or federal law	818
enforcement officer from the general tax list of real and public	819
utility property and the general duplicate of real and public	820
utility property and insert initials of the peace officer,	821
parole officer, prosecuting attorney, assistant prosecuting	822
attorney, correctional employee, youth services employee,	823
firefighter, or EMT, or federal law enforcement officer on the	824
general tax list of real and public utility property and the	825
general duplicate of real and public utility property, if	826
practicable. If the removal and insertion is not practicable,	827
the county auditor shall verbally or in writing within five	828
business days after receiving the written request explain to the	829
peace officer, parole officer, prosecuting attorney, assistant	830
prosecuting attorney, correctional employee, youth services	831
employee, firefighter, or EMT, or federal law enforcement officer	832
why the removal and insertion is impracticable.	833

(C) As used in this section, "federal law enforcement	834
officer" means any officer of the United States who is authorized	835
by federal law to conduct any investigation of, and make any	836
arrest for, any offense against the United States in violation of	837
federal law.	838

Sec. 319.54.  (A) On all moneys collected by the county	839
treasurer on any tax duplicate of the county, other than estate	840
tax duplicates, and on all moneys received as advance payments of	841
personal property and classified property taxes, the county	842
auditor, on settlement with the treasurer and tax commissioner, on	843
or before the date prescribed by law for such settlement or any	844
lawful extension of such date, shall be allowed as compensation	845
for the county auditor's services the following percentages:	846

(1) On the first one hundred thousand dollars, two and	847
one-half per cent;	848

(2) On the next two million dollars, eight thousand three	849
hundred eighteen ten-thousandths of one per cent;	850

(3) On the next two million dollars, six thousand six hundred	851
fifty-five ten-thousandths of one per cent;	852

(4) On all further sums, one thousand six hundred sixty-three	853
ten-thousandths of one per cent.	854

If any settlement is not made on or before the date	855
prescribed by law for such settlement or any lawful extension of	856
such date, the aggregate compensation allowed to the auditor shall	857
be reduced one per cent for each day such settlement is delayed	858
after the prescribed date. No penalty shall apply if the auditor	859
and treasurer grant all requests for advances up to ninety per	860
cent of the settlement pursuant to section 321.34 of the Revised	861
Code. The compensation allowed in accordance with this section on	862
settlements made before the dates prescribed by law, or the	863
reduced compensation allowed in accordance with this section on	864
settlements made after the date prescribed by law or any lawful	865
extension of such date, shall be apportioned ratably by the	866
auditor and deducted from the shares or portions of the revenue	867
payable to the state as well as to the county, townships,	868
municipal corporations, and school districts.	869

(B) For the purpose of reimbursing county auditors for the	870
expenses associated with the increased number of applications for	871
reductions in real property taxes under sections 323.152 and	872
4503.065 of the Revised Code that results from the amendment of	873
those sections by Am. Sub. H.B. 119 of the 127th general assembly,	874
on the first day of August of each year there shall be paid from	875
the state's general revenue fund to the county treasury to the	876
credit of the real estate assessment fund created by section	877
325.31 of the Revised Code an amount equal to one per cent of the	878
total annual amount of property tax relief reimbursement paid to	879
that county under sections 323.156 and 4503.068 of the Revised	880
Code for the preceding tax year.	881

(C) From all moneys collected by the county treasurer on any	882
tax duplicate of the county, other than estate tax duplicates, and	883
on all moneys received as advance payments of personal property	884
and classified property taxes, there shall be paid into the county	885
treasury to the credit of the real estate assessment fund created	886
by section 325.31 of the Revised Code, an amount to be determined	887
by the county auditor, which shall not exceed the percentages	888
prescribed in divisions (C)(1) and (2) of this section.	889

(1) For payments made after June 30, 2007, and before 2011,	890
the following percentages:	891

(a) On the first five hundred thousand dollars, four per	892
cent;	893

(b) On the next five million dollars, two per cent;

894

(c) On the next five million dollars, one per cent;

895

(d) On all further sums not exceeding one hundred fifty	896
million dollars, three-quarters of one per cent;	897

(e) On amounts exceeding one hundred fifty million dollars,	898
five hundred eighty-five thousandths of one per cent.	899

(2) For payments made in or after 2011, the following	900
percentages:	901

(a) On the first five hundred thousand dollars, four per	902
cent;	903

(b) On the next ten million dollars, two per cent;

904

(c) On amounts exceeding ten million five hundred thousand	905
dollars, three-fourths of one per cent.	906

Such compensation shall be apportioned ratably by the auditor	907
and deducted from the shares or portions of the revenue payable to	908
the state as well as to the county, townships, municipal	909
corporations, and school districts.	910

(D) Each county auditor shall receive four per cent of the	911
amount of tax collected and paid into the county treasury, on	912
property omitted and placed by the county auditor on the tax	913
duplicate.	914

(E) On all estate tax moneys collected by the county	915
treasurer, the county auditor, on settlement semiannually with the	916
tax commissioner, shall be allowed, as compensation for the	917
auditor's services under Chapter 5731. of the Revised Code, the	918
following percentages:	919

(1) Four per cent on the first one hundred thousand dollars;

920

(2) One-half of one per cent on all additional sums.

921

Such percentages shall be computed upon the amount collected	922
and reported at each semiannual settlement, and shall be for the	923
use of the general fund of the county.	924

(F) On all cigarette license moneys collected by the county	925
treasurer, the county auditor, on settlement semiannually with the	926
treasurer, shall be allowed as compensation for the auditor's	927
services in the issuing of such licenses one-half of one per cent	928
of such moneys, to be apportioned ratably and deducted from the	929
shares of the revenue payable to the county and subdivisions, for	930
the use of the general fund of the county.	931

(G) The county auditor shall charge and receive fees as	932
follows:	933

(1) For deeds of land sold for taxes to be paid by the	934
purchaser, five dollars;	935

(2) For the transfer or entry of land, lot, or part of lot,	936
or the transfer or entry on or after January 1, 2000, of a used	937
manufactured home or mobile home as defined in section 5739.0210	938
of the Revised Code, fifty cents for each transfer or entry, to be	939
paid by the person requiring it;	940

(3) For receiving statements of value and administering	941
section 319.202 of the Revised Code, one dollar, or ten cents for	942
each one hundred dollars or fraction of one hundred dollars,	943
whichever is greater, of the value of the real property	944
transferred or, for sales occurring on or after January 1, 2000,	945
the value of the used manufactured home or used mobile home, as	946
defined in section 5739.0210 of the Revised Code, transferred,	947
except no fee shall be charged when the transfer is made:	948

(a) To or from the United States, this state, or any	949
instrumentality, agency, or political subdivision of the United	950
States or this state;	951

(b) Solely in order to provide or release security for a debt	952
or obligation;	953

(c) To confirm or correct a deed previously executed and	954
recorded or when a current owner on the general tax list of real	955
and public utility property and the general duplicate of real and	956
public utility property is a peace officer, parole officer,	957
prosecuting attorney, assistant prosecuting attorney,	958
correctional employee, youth services employee, firefighter, or	959
EMT, or federal law enforcement officer and is changing the	960
current owner name listed on the general tax list of real and	961
public utility property and the general duplicate of real and	962
public utility property to the initials of the current owner as	963
prescribed in division (B)(1) of section 319.28 of the Revised	964
Code;	965

(d) To evidence a gift, in trust or otherwise and whether	966
revocable or irrevocable, between husband and wife, or parent and	967
child or the spouse of either;	968

(e) On sale for delinquent taxes or assessments;

969

(f) Pursuant to court order, to the extent that such transfer	970
is not the result of a sale effected or completed pursuant to such	971
order;	972

(g) Pursuant to a reorganization of corporations or	973
unincorporated associations or pursuant to the dissolution of a	974
corporation, to the extent that the corporation conveys the	975
property to a stockholder as a distribution in kind of the	976
corporation's assets in exchange for the stockholder's shares in	977
the dissolved corporation;	978

(h) By a subsidiary corporation to its parent corporation for	979
no consideration, nominal consideration, or in sole consideration	980
of the cancellation or surrender of the subsidiary's stock;	981

(i) By lease, whether or not it extends to mineral or mineral	982
rights, unless the lease is for a term of years renewable forever;	983

(j) When the value of the real property or the manufactured	984
or mobile home or the value of the interest that is conveyed does	985
not exceed one hundred dollars;	986

(k) Of an occupied residential property, including a	987
manufactured or mobile home, being transferred to the builder of a	988
new residence or to the dealer of a new manufactured or mobile	989
home when the former residence is traded as part of the	990
consideration for the new residence or new manufactured or mobile	991
home;	992

(l) To a grantee other than a dealer in real property or in	993
manufactured or mobile homes, solely for the purpose of, and as a	994
step in, the prompt sale of the real property or manufactured or	995
mobile home to others;	996

(m) To or from a person when no money or other valuable and	997
tangible consideration readily convertible into money is paid or	998
to be paid for the real estate or manufactured or mobile home and	999
the transaction is not a gift;	1000

(n) Pursuant to division (B) of section 317.22 of the Revised	1001
Code, or section 2113.61 of the Revised Code, between spouses or	1002
to a surviving spouse pursuant to section 5302.17 of the Revised	1003
Code as it existed prior to April 4, 1985, between persons	1004
pursuant to section 5302.17 or 5302.18 of the Revised Code on or	1005
after April 4, 1985, to a person who is a surviving, survivorship	1006
tenant pursuant to section 5302.17 of the Revised Code on or after	1007
April 4, 1985, or pursuant to section 5309.45 of the Revised Code;	1008

(o) To a trustee acting on behalf of minor children of the	1009
deceased;	1010

(p) Of an easement or right-of-way when the value of the	1011
interest conveyed does not exceed one thousand dollars;	1012

(q) Of property sold to a surviving spouse pursuant to	1013
section 2106.16 of the Revised Code;	1014

(r) To or from an organization exempt from federal income	1015
taxation under section 501(c)(3) of the "Internal Revenue Code of	1016
1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended, provided such	1017
transfer is without consideration and is in furtherance of the	1018
charitable or public purposes of such organization;	1019

(s) Among the heirs at law or devisees, including a surviving	1020
spouse, of a common decedent, when no consideration in money is	1021
paid or to be paid for the real property or manufactured or mobile	1022
home;	1023

(t) To a trustee of a trust, when the grantor of the trust	1024
has reserved an unlimited power to revoke the trust;	1025

(u) To the grantor of a trust by a trustee of the trust, when	1026
the transfer is made to the grantor pursuant to the exercise of	1027
the grantor's power to revoke the trust or to withdraw trust	1028
assets;	1029

(v) To the beneficiaries of a trust if the fee was paid on	1030
the transfer from the grantor of the trust to the trustee or if	1031
the transfer is made pursuant to trust provisions which became	1032
irrevocable at the death of the grantor;	1033

(w) To a corporation for incorporation into a sports facility	1034
constructed pursuant to section 307.696 of the Revised Code;	1035

(x) Between persons pursuant to section 5302.18 of the	1036
Revised Code;	1037

(y) From a county land reutilization corporation organized	1038
under Chapter 1724. of the Revised Code to a third party.	1039

The auditor shall compute and collect the fee. The auditor	1040
shall maintain a numbered receipt system, as prescribed by the tax	1041
commissioner, and use such receipt system to provide a receipt to	1042
each person paying a fee. The auditor shall deposit the receipts	1043
of the fees on conveyances in the county treasury daily to the	1044
credit of the general fund of the county, except that fees charged	1045
and received under division (G)(3) of this section for a transfer	1046
of real property to a county land reutilization corporation shall	1047
be credited to the county land reutilization corporation fund	1048
established under section 321.263 of the Revised Code.	1049

The real property transfer fee provided for in division	1050
(G)(3) of this section shall be applicable to any conveyance of	1051
real property presented to the auditor on or after January 1,	1052
1968, regardless of its time of execution or delivery.	1053

The transfer fee for a used manufactured home or used mobile	1054
home shall be computed by and paid to the county auditor of the	1055
county in which the home is located immediately prior to the	1056
transfer.	1057

(H) As used in this section, "federal law enforcement	1058
officer" means any officer of the United States who is authorized	1059
by federal law to conduct any investigation of, and make any	1060
arrest for, any offense against the United States in violation of	1061
federal law.	1062

Section 2. That existing sections 149.43, 149.45, 319.28, and	1063
319.54 of the Revised Code are hereby repealed.	1064

Section 3.  Section 149.43 of the Revised Code is presented	1065
in this act as a composite of the section as amended by both Am.	1066
Sub. H.B. 214 and Am. Sub. S.B. 248 of the 127th General Assembly.	1067
The General Assembly, applying the principle stated in division	1068
(B) of section 1.52 of the Revised Code that amendments are to be	1069
harmonized if reasonably capable of simultaneous operation, finds	1070
that the composite is the resulting version of the section in	1071
effect prior to the effective date of the section as presented in	1072
this act.	1073